►
From YouTube: SEP 9, 2020 | Planning Commission
Description
City of San José, California
Planning Commission meeting of September 9, 2020.
This public meeting will be conducted via Zoom Webinar. For information on public participation via Zoom, please refer to the linked meeting agenda below.
Agenda https://sanjose.legistar.com/View.ashx?M=A&ID=804227&GUID=A8475840-D27C-45A2-B0EE-48B197D626CF
A
C
C
D
A
Commissioner
bonilla
president
and
chair
cavallos
out
for
this
meeting,
so
with
that,
we
will
now
go
to
summary
of
hearing
procedures.
Welcome
to
the
planning
commission
meeting.
This
meeting
is
being
held
via
zoom
conference
call
due
to
the
covet
19
crisis.
Members
of
the
public
may
participate
by
following
the
instructions
listed
on
the
agenda.
You
may
also
view
and
listen
to
the
meeting
on
live
stream,
cable,
tv,
granicus
and
youtube.
A
If
you'd
like
to
provide
public
comment,
you
have
two
methods
to
identify
to
provide
public
comment
in
writing
transmitted
to
the
city
prior
to
or
at
the
meeting
when
the
item
is
being
considered
or
verbally
by
following
the
instructions
to
participate
here
in
all
members
of
the
public
will
remain
on
mute
until
the
individual
identifies
they'd
like
to
speak
and
they
are
unmuted
with
that.
We
will
now
go
to
item
one
call
to
order
and
orders
of
the
day.
A
D
I
do
see
rebecca
has
had
her
hair
raised
rebecca.
Did
you
want
to
speak
on
a
particular
item,
or
did
you
want
to
speak
during
public
comment?
You
are
unmuted
by
the
way
you
could
admit
yourself.
E
Thank
you
very
much.
I
would
like
to
address.
E
Cp19-1-036-
and
I
don't
know
it
when
is
the
appropriate
time
to
do
that
during
the
public
comment
section
number
two
or
during
the
consent
section
number
four.
So
please.
A
Ms
bender
it'll
be
section
number
four
consent
calendar.
So
what
we'll
do?
What
we'll
do
is
we'll
keep
your
hand
up
and
when
it's
time
we'll
go
ahead
and
call
you.
Thank
you
for
that.
A
A
B
No,
what
we
do
is
consent
means
that
you
have
no
public
comment
for
consent,
it
does
need
to
be
pulled
for
hearing
and
staff
can
give
whatever
report
it
seems
appropriate,
and
then
you
take
public
comment.
F
A
Okay,
so
just
just
this
is
this
has
been
the
legal,
the
question
here
so
that
just
from
a
mechanic
standpoint,
then
a
member
of
the
public
can
pull
an
item
out
of
consent.
Absolutely
okay!
That's
fine!
That's
what
we'll
do!
Okay
item
three
deferrals
and
removals
from
calendar
they're,
seeing
none!
A
G
Last
year,
I
would
like
to
remind
you
that
commission
oliveira
has
joined
us
perfect.
B
And
commissioner
cerbania,
what
we
do
is
what
we,
what
we
will
do
is
we
will
pull
the
item
from
consent
that
that
the
member
of
the
public
wants
to
speak
on,
but
then
what
you
do
first,
is
you
take
the
items
that
remain
on
consent?
You
take
a
motion
to
approve
those.
No.
A
A
D
Rebecca,
I
I
believe
you
are
muted,
but
she
did
want
to
speak
to
4c.
I
believe
it
was
yes
4c.
A
B
D
H
Item
good
evening,
commissioners,
my
name
is
alex
atienza,
I'm
the
planning
project
manager,
so
this
project
consists
of
a
conditional
use,
permit
and
site
development
permit
to
allow
the
removal
of
one
ordinance-sized
tree
and
to
allow
a
daycare
center
within
an
existing
9,
300
square
foot,
commercial
building,
the
construction
of
associated
outdoor
play
area
and
a
special
use
permit
to
exceed
the
noise
criteria
of
the
zoning
ordinance
at
the
residences
to
the
east
of
the
playground
on
an
approximately
0.72
gross
acre
site.
H
H
A
facility
would
have
approximately
would
have
eight
classrooms
in
total.
There
would
be
two
infant
slash,
toddler
classrooms
and
six
preschool
classrooms,
and
the
product
would
include
three
outdoor
play
areas:
totaling,
4,
450
square
feet,
all
154
children
that
would
attend
the
school
would
not
be
on
the
playground
at
one
time.
There
would
be
a
maximum
56
children
on
a
playground
at
once
and
that
playground
would
be
used
between
the
hours
of
8
30
a.m
to
11
a.m
and
3
p.m,
to
4,
30
p.m,
and
classrooms
would
alternate
playground
times
in
the
morning
and
afternoon.
H
H
Therefore,
staff
recommends
that
the
planning
commission
approve
this
conditional
use,
permit
and
site
development
permit
and
consider
the
exemption
in
accordance
with
sql
guidelines,
section
15303
c
for
new
construction
or
conversion
of
small
structures.
This
concludes
staff
presentation.
Thank
you.
A
All
right
seeing
none,
we
can
now
open
this
to
public
comment.
D
H
A
I
Goody
good
evening,
chair
bonilla
members
of
the
commission,
my
name
is
eric
shaneauer
and
I
represent
ammar
and
sima
chokawala,
who
are
the
local
owners
and
operators
of
this
proposed
preschool
on
de
anza
boulevard.
As
I
indicated
in
my
email
to
you
all
in
a
2018
study
by
the
santa
clara
county
office
of
education,
san
jose
has
a
shortage
or
unmet
need
of
sixteen
thousand
four
hundred
and
sixty
four
spots
for
infants
and
toddlers
and
two
thousand
four
hundred
and
twenty
I'm
sorry.
I
Two
thousand
seven
hundred
and
forty
two
spots
for
two
to
five-year-olds,
so
san
jose,
is,
has
a
significant
shortage
and
a
desperate
need
for
child
care.
Slash
preschool
our
proposed
project
will
be
repurposing
an
existing
vacant
retail
space
into
the
the
new
preschool
and
we
conform
with
every
city
policy.
I
As
staff
indicated,
we
meet
the
city's
noise
ordinance
by
providing
appropriate
physical
barriers
to
keep
the
children's
play
area
noise
from
exceeding
the
noise
limits
on
the
adjacent
multi-family
property,
and
so
we
would
hope
that,
because
the
project
fully
conforms
to
the
zoning
standards,
the
noise
standards,
the
parking
standards
and
the
fact
the
city
is
desperately
in
need
of
more
preschool
spots
that
the
commission
would
support
this
conditional
use.
Permit.
A
B
B
I
I
think
I'll
let
staff
respond
to
that,
but
I
I
represent
many
many
projects
in
the
city
of
san
jose
and
when
a
use
is,
is
very
compatible
and
there's
not
a
significant
change
in
what's
going
on,
then
oftentimes,
the
the
planning
department
does
not
require
a
community
meeting.
I
H
I
can
just
jump
in
his
will
right.
So
if
there
is
not
significant
community,
if
there's
not
significant
comments
from
the
community,
then
we
do
not
require
hearing,
but
we
do
notice
the
project
for
hearing
and
we
do
require
that
an
on-site
sign
is
placed
at
the
project.
Frontage.
H
Comment
on
this
project,
we've
not
received
a
single
public
comment.
A
Any
any
other
members
of
the
commission
have
questions
for
the
representative
of
the
applicant.
A
D
Sure
first
we
have
rebecca
bender
rebecca.
You
are
unmuted,
go
ahead
and
unmute
yourself
and
begin
to
speak.
Thank
you.
E
Very
much
everyone,
my
name
is
rebecca
bender,
I'm
the
president
of
the
homeowners
of
homeowners
association
of
ventana
place
hoa,
which
is
directly
south
of
this
property.
I
have
been
asking
for
information
about
this
from
alec.
I
left
a
telephone
message
prior
to
the
holidays,
and
I
called
once
or
twice
again
to
today.
I
have
never
received
any
return
calls.
I
have
been
trying
to
get
information
about
the
details
and
have
been
unable
to
do
so.
There
was
no
public
outreach
whatsoever.
E
I
understand
it
might
not
have
been
required.
However,
speaking
on
behalf
of
the
community
and
most
of
all
myself,
because
I
am
most
directly
affected,
I
am
very
strongly
opposed
to
this.
The
reason
is
that
I
heard
that
there
would
be
sound
attenuation
to
the
east.
We
are
directly
south.
We
are
no
more
than
yards
from
the
parking
lot
where
the
playgrounds
will
be
built.
E
My
office,
where
I
work
and
I
earn
my
living-
is
32
yards
from
this
parking
lot.
When
people
from
fountain
park
apartments
nearby
go
and
smoke
their
cigarettes
right
there
in
the
parking
lot
under
the
trees,
I
can
hear
everything
they
say.
E
The
same
is
true
for
the
others,
but
I
am
the
one
that
is
most
directly
right
across
from
where
I
expect
the
parking
lot
the
playground
will
be
built,
and
for
that
reason
I
would
like
to
ask
for
the
understanding
of
the
planning
commission.
I
think
it
imposes
a
great
hardship
on
me
personally
and
on
my
community.
Thank
you
very
much.
D
Number
ending
in
140,
please
state
your
name
for
the
record.
You
are
unmuted.
J
All
right,
I
have
to
just
go
by
the
name
of
taxpayer.
No,
I
I
say
no,
that
any
new
development
that
san
jose
wants.
It's,
never
it
never
turns
out
the
way
it's
sold.
We
have
other
buildings
that
could
be
used.
I
already
see
a
traffic
hazard
there.
By
the
way
I
had
to
use
a
213
area
code
number
to
call
in
that
was
given
to
me
by
tony
taber
earlier
today.
This.
A
J
That
you
have
posted
does
not
work,
nor
does
the
code.
You
have
to
use
a
213
telephone
number
and
the
code
that
is
listed,
but
the
800
number
does
not
work
and
it's
a
different
800
number
than
what's
used
with
city
council
members.
I
recommend
that
you
post
it
on
that
right
now
if
people
want
to
call
in
or
or
post
it
on
your
pdf
sheet
for
this.
This
is
this
is
ridiculous.
This
is
how
this
happens
on
numerous
occasions,
I'm
beginning
to
think
it's
on
purpose,
because
it
is
not
it's.
J
This
should
not
happen.
I
should
be
able
to
call
in-
and
I
told
the
operator
before
this
zoom
thing
is
a
pile
of
crap
san
jose
needs
to
get
rid
of
zoom
is
garbage.
I
don't
even
know
how
the
stock
is
valued
that
high.
I
don't
understand
why
everybody's
using
it
the
city,
needs
to
get
into
the
21st
century
and
get
out
of
the
zoom.
I
mean
use
skype.
C
C
Besides,
that,
the
noise
muting
class
that
you
have
in
there
does
not
border
my
unit
out
there
you're
talking
about
a
different
side
of
the
of
your
playground
in
there,
but
the
ventana
unit
is
not
being
have
any
noise
barrier
towards
my
side
in
there
and
I
think
we're
entitled
to
a
peaceful
living
at
my
unit
in
there.
A
I
I
First
of
all,
we've
had
a
public
notice,
sign
posted
visibly
on
the
front
of
the
property
for
nearly
six
months,
and
nobody
has
come
forward
to
us
or
the
landowner
or
the
city
with
any
of
these
questions,
but
we're
happy
to
address
them
tonight.
I
The
good
news
is
that
the
city
did
a
comprehensive
noise
study
to
evaluate
the
noise
that
will
be
generated
primarily
from
the
children's
play
outdoor
play
area,
and
the
acoustical
study
showed
that,
with
a
physical
barrier
built
around
the
playground
that
the
project
will
meet
the
city's
noise
requirement,
which
is
55
decibels
at
the
nearest
residential
property
line.
So
the
project
the
city
studied
this
issue.
I
I
So
this
issue
has
already
been
studied
by
a
technical
expert
analyzed
by
the
city,
and
the
project
has
agreed
to
construct
the
recommended
barrier
to
ensure
that
the
noise
meets
the
city-wide
noise
standard
of
55
decibels
at
the
property
line.
So
this
has
been
thoroughly
studied,
it's
been
addressed
and
the
project
is
mitigating
it
to
city
standards.
I'll
also
point
out
that
the
ventana.
I
Units
are
a
fairly
long
distance
away.
If
you
look
at
the
aerial
photograph,
there's
a
large
landscape
buffer
on
our
side
of
the
driveway,
then
there's
an
intervening
driveway
and
then
there's
another
large
landscape
buffer
on
the
ventana
side
of
the
driveway
before
you
even
get
to
the
nearest
unit.
I
So
this
is
an
interface
that
has
more
separation
than
most
urban
locations
in
the
city.
So
with
that,
I
hope
that
the
residents
are
satisfied
that
the
city
has
thoroughly
studied
this
with
an
independent
third
party.
Acoustical
expert
has
come
up
with
mitigation
of
a
physical
barrier
to
protect
residents
on
all
sides
of
the
site,
north
south,
east
and
west,
and
that
that
meets
city
standard.
So
if
the
project
meets
city
standard,
there's
nothing
further,
that
can
or
should
be
mandated
to
be
done.
I
So
with
that,
I
remind
the
commission
that
we
are
desperately
short
of
child
care
and
preschool
spots
in
san
jose.
We
have
a
shortage
of
over
18
000
spots
in
the
city
and
in
a
commercial
zone
in
a
large
commercial
street
like
de
anza.
Boulevard
is
the
place
where
the
city's
general
plan
and
the
zoning
code
say
that
child
care
is
appropriate
to
meet
the
needs
of
the
community.
A
F
F
Okay,
great
so
anytime,
these
applications
come
forward.
We
know
we
have
the
shortage
and
the
city
does
not
provide
this.
Even
though
somewhat
would
like
the
city
to
build
these
types
of
facilities,
the
city
doesn't
do
that.
The
only
thing
we
can
do
is
to
allow
them
to
be
I've
never
seen
this
type
of
application
not
have
public
comment
against,
regardless
of
the
council
district.
I've
seen
upwards
of
30
and
40
people
residents
that
are
adjacent
to
these
types
of
applications
where
their.
F
This
use
is
definitely
neighborhood
serving
commercial.
If
we
remember
back
a
few
months
ago
when
we
discussed
the
hotel
on
stockton
avenue
and
one
of
the
big
things
that
people
were
saying
that
the
hotel
wasn't
neighborhood
serving
but
clearly
daycare
child
learning
set
facility
is
which
matches
the
zoning.
So
I'd
simply
just
make
a
motion
to
approve
the
staff
recommendation.
A
J
A
All
right
with
that,
we
will
now
move
to
item
five
public
hearing,
seeing
there
are
no
items
from
public
hearing.
We
can
now
move
to
item
six
referrals
from
city
council
boards
commissions
or
other
agencies,
again
no
items
to
discuss
which
now
takes
us
to
item
seven
good
and
welfare
item,
a
report
from
city
council,
no
reports,
great
okay.
A
Let's
move
on
to
7b
review
and
approve
action
minutes
from
our
august
26
2020
meeting.
Is
there
a
motion
on
the
floor
to
approve
those
minutes.
A
All
right,
commissioner
oliveira
with
the
motion
commissioner
torrance
with
a
second:
let's
go
ahead
and
do
this
again
so
roll
call,
casey,
hi,
garcia,
hi,
martinois,
oliveira,
hi,
torrence
and
bonilla
with
an
eye
perfect
phonia
with
an
I.
So
with
that
the
8
26
minutes
are
approved.
A
G
Nothing
besides
the
fact
that,
for
the
retreat
october,
2010
has
been
set
for
the
retreat
and
it's
from
1
00
p.m,
to
5
p.m.
A
All
right,
I
think
we
all
just
got
our
invites
via
the
zoom,
so
we'll
have
a
retreat,
we'll
move
on
to
item
7d,
commission
calendar
and
study
sessions
item.
I
study
sessions
scheduled
for
10
28,
which
we
just
talked
about
for
the
2020
general
plan
annual
review
robert.
Is
there
anything
you
want
to
add
to
that
or
we're
good
okay?
We
will
now
move
to
item
7e.
The
public
record.
Colleagues
is
our
staff
anything
you'd
like
to
include
onto
the
public.
A
Record
all
right
seeing
none.
I
will
now
move
to
item
eight
german,
a
german.
They
all
have
a
great
night
stay
safe
and
we'll
talk
soon,
good.