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From YouTube: AUG 12, 2020 | Planning Commission
Description
City of San José, California
Planning Commission meeting of August 12, 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=800741&GUID=3590A86E-33A3-48EE-A6E1-E2DA47B75E44
A
A
A
A
A
B
Good
evening
my
name
is
maria
cavero,
and
I
am
the
chair
of
the
planning
commission.
Welcome
to
the
planning
meeting.
This
meeting
is
being
held
via
zoom
conference
call
due
to
the
covid
19
crisis.
Members
of
the
public
may
participate
by
following
these
instructions
listed
on
the
agenda.
You'll
also
see
information
at
the
bottom
of
the
screen
that
is
being
cast.
B
B
All
members
of
the
public
will
remain
on
mute
until
the
individual
identifies
they
would
like
to
speak
and
you
are
unmuted
following
roll
call.
During
summary
of
hearing
procedures,
we
will
review
how
the
public
may
provide
comment
during
today's
session.
At
this
time
I
will
do
roll
call
vice
chair,
bonilla.
C
D
D
E
F
B
Okay
and
myself,
sheriff
caballero
is
here
summary
of
hearing
procedures.
The
procedure
for
this
hearing
is
as
follows:
after
the
staff
report,
applicants
and
appellants
may
make
a
five-minute
presentation.
City
staff
will
call
out
the
names
of
the
public
who
have
identified
the
items
they
want
to
speak
on.
You
may
identify
yourself
by
using
the
raised
hand,
feature
on
zoom
or
clicking
star
9
on
your
phone,
or
you
may
call
408
535-3505
again.
That
number
is.
B
408-535-3505
or
email
planning
support
staff
at
san
jose
ca.gov
and
identify
your
name
phone
number
and
what
item
you
would
like
to
see
gone
as
your
name
is
called
city
staff
will
unmute
you
to
speak
after
we
confirm
your
audio
is
working.
Your
allotted
time
will
begin.
Each
speaker
will
have
two
minutes.
Speakers
using
a
translator
will
have
four
minutes
after
the
public
testimony
the
applicant
and
the
appellant
may
make
closing
remarks
for
an
additional
five
minutes.
Planning
commissioners
may
ask
questions
of
the
speakers.
B
Response
responses
to
commissioner's
questions
will
not
reduce
the
speaker's
time
allowance
staff
will
unneed
the
speaker
to
respond
to
the
commissioner.
The
public
hearing
will
then
be
closed
and
the
planning
commission
will
take
action
on
the
item.
The
planning
commission
may
request
staff
to
respond
to
public
testimony,
ask
staff
questions
and
discuss
the
item.
If
you
challenge
these
land
use
decisions
in
court,
you
may
be
limited
to
raising
only
those
issues
you
or
someone
else
raised
at
this
public
hearing
or
in
written
correspondence
delivered
to
the
city
at
or
prior
to
the
public
hearing.
B
The
planning
commission's
action
on
rezonings
pre-zonings
general
plan
amendments
and
code
amendments
is
only
advisory
to
the
city
council.
The
city
council
will
hold
public
hearings
on
these
items.
Section
20.120.400
of
the
municipal
code
provides
procedures
for
legal
protests
to
the
city
council
on
rezonings
and
pre-zonings.
The
planning
commission's
actions
on
conditional
use
permits
is
appealable
to
the
city
council
in
accordance
with
section
20.100.220
of
the
municipal
code.
B
I
invite
members
of
the
public
to
let
the
clerk
staff
know
if
you'd
like
to
speak
on
an
item
that
is
not
agendas
on
tonight's
agenda.
If
you
would
like
to
make
a
comment,
please
contact
the
clerk
now
in
the
manager
specified
on
page
two
of
this
agenda
to
comment
again
on
any
item
that
is
not
specified
on
this
agenda
staff.
Do
we
have
any
speakers
for
public
comment
for
items
not
on
the
planning
commission
agenda.
G
F
H
B
Mr
darby
I'll
give
a
couple
of
moments
just
to
see
if
anyone
else
identifies
as
wanting
to
speak
on
an
item
not
on
the
agenda.
G
B
B
B
At
this
time,
we'll
open
the
public
hearing
and
I'd
like
to
ask
our
city
attorney
vera
todorov
to
explain
the
procedure
for
a
director's
hearing
appeal.
I
know
that
we
have
several
people
in
attendance
who
may
not
have
participated
in
a
planning
commission
meeting
previously,
as
well
as
several
new
members
of
the
planning
commission,
so
vera.
If
you
could
explain
the
procedure,
that
would
be
helpful.
H
Sure
thank
you
chair.
This
process
is
pretty
much
the
same
as
it
is
for
a
regular
planning
commission
hearing,
even
though
it's
an
appeal
under
the
municipal
code,
section
20.100.27d,
this
is
a
de
novo
hearing,
which
means
the
planning
commission
is
hearing
this
project
anew
as
though
there
were
no
decisions
below,
and
so
you
will
start
with
the
staff
report,
as
you
customarily
would
then
we'll
go
to
public
comments.
H
First,
the
appellate
will
have
five
minutes
to
comment.
The
applicant
will
have
five
minutes.
Then
we
take
comments
from
the
general
public.
Then
afterwards,
the
appellant
has
five
minutes
to
rebut
and
the
the
appellant
has
five
minutes
to
rebut.
An
applicant
has
five
minutes
to
rebut.
Then
the
public
hearing
is
closed
and
the
commission
deliberates
or
asks
questions
of
staff
as
they
may
be
necessary,
and
I
believe
that
is
all.
B
Right,
thank
you
very
much
vera.
So
at
this
time,
I'd
like
to
invite
our
project
manager
john
2,
to
make
his
presentation
to
the
planning
commission
related
to
this
item.
L
Good
evening,
madam
chair
john,
two
supervising
planner
for
the
planning
division
before
the
commission
today
is
an
appeal.
The
director
is
planning
director's
hearing
approval
of
a
site
development
permit
that
allows
the
construction
of
a
new
thousand
seven
hundred
forty
four
square
foot
square
foot,
three
story:
retail
office
building
within
an
existing
shopping
center.
On
approximately
three
point:
three:
nine
crores
acre
site.
The
appeal
includes
comments
on
the
environmental
clearance.
However,
the
appellate
did
not
entirely
manner
submit
an
environmental
appeal
within
the
sql
appeal
period.
L
However,
staff
has
responded
to
their
comments
within
the
staff
report.
Therefore,
the
item
for
the
commission
is
an
appeal
of
the
site
development
permit.
In
summary,
the
three
appeal
applications
included
a
request
for
additional
traffic
study
on
story,
road
in
king
road
request
for
an
environmental
impact
report,
additional
parking
analysis
and
additional
parking
traffic,
pedestrian
and
fire
truck
access.
Easement,
title
resolution
prior
to
entitlement
aviation,
easement
requests
for
an
in-person
hearing
and
request
for
more
detail,
sewage
treatment
analysis,
a
detailed
response
to
the
appeal
comments
were
included
in
the
staff
report.
L
Additionally,
for
tonight
we
have
our
environmental
planners
and
staff
from
the
department
of
public
works
to
discuss
the
transportation
analysis.
First
to
address
the
comments
of
the
easement
staff
understands.
There
are
private
easements
and
currently
a
dispute
on
the
language
of
those
easements,
but
given
the
nature
of
the
private
agreements
and
easement,
it
is
not
in
the
purview
of
the
city
to
adjudicate
the
dispute
and
the
applicant
has
agreed
to
a
condition
requiring
the
resolution
of
the
easement
prior
to
the
issuance
of
a
building.
L
Current
a
navigation
easement
has
been
requested
by
the
county,
given
its
proximity
to
retail
airport
and
that
has
been
included
as
a
condition
but
is
not
required
prior
to
the
engines
of
this
development
permit.
In
response
to
the
comment
about
sewage
treatment
and
analysis,
as
with
every
project
within
the
city,
the
project
would
have
to
connect
to
the
city.
Sewer
pipes
to
be
treated.
Staff
has
found
that
it'd
be
more
than
sufficient
capacity
at
the
18-inch
pipes
near
the
site
handling.
L
L
The
council
would
then
have
to
direct
us
the
staff
to
do
additional
considerations,
study
analysis
and
to
change
this
policy.
Changes
of
this
policy
will
require
significant
analysis,
outreach
and
review
and
could
take
longer
than
the
time
period
identified
in
the
letter
until
there
is
a
new
policy
that
governs
this
area.
Staff
has
to
analyze
the
project
within
the
policy
area
for
conformance
to
existing
documents
and
policies.
However,
additional
in-house
analysis
was
conducted
to
review
and
analyze
the
operation
and
ingress
and
egress
to
this
site.
L
In
regards
to
the
comments
about
in-person
meeting,
while
we
would
like
to
acknowledge
that
this
transition
during
covet-19
situation
has
been
difficult
but
has
done
with
full
consideration
to
minimize
health
risks
to
the
public
by
not
holding
public
hearings
in
person.
Therefore,
in
conformance
with
state
order
and
conduction
with
other
city
department,
the
planning
division
has
been
proceeding
with
virtual
public
hearing
in
order
for
the
city
to
continue
to
function
into
the
best
of
the
capacity
to
allow
to
allow
for
public
hearing
consistent
with
the
state
and
county
requirements.
L
The
envision
2040
general
plan
projects
projects
significant
growth
for
the
city
as
part
of
that
growth
includes
strategy
to
encourage
additional
commercial
employment,
uses
one
notice
of
strategies
to
enable
infill
development
of
an
existing
commercial
center
and
employment
growth
areas,
the
concentration
of
employment
and
commercial
uses
further
utilizes
existing
and
future
multimodal
transportation
developments
over
instead
of
sprawling
out.
Developments
additionally,
encourages
do
not
over
park
sites,
as
this
would
further
the
dependency
on
automotive
vehicles
and
would
go
counter
to
the
city
and
state
goals
to
reduce
miracles,
miles
travel
and
greenhouse
gas
emissions.
L
Staff
acknowledges
that
we
have
received
multiple
emails
letters,
petitions
and
have
heard
from
the
community
about
the
project
concerns
about
the
changes
and
developments
in
the
area
as
the
entire
city
is
evolving.
There
is
a
delicate
balance
between
smart
growth
in
order
to
meet
the
growing
demand
of
our
growing
population.
M
Analysis
good
evening
this
is
andrew
benway,
with
department
of
public
works
in
regards
to
the
transportation.
The
project
is
located
with
the
effort
located
within
the
evergreen
east
hills,
development
policy,
which
is
a
city
council
policy
based
on
the
policy.
The
project
is
required
to
pay
a
traffic
impact
fee.
Payment
of
the
traffic
impact
fee
satisfies
the
project's
environmental
requirements
with
respect
to
traffic
and
conforms
to
the
city
council
policy
staff
did
review
the
project's
site
plan
and
concluded
that
access
and
circulation
are
adequate
staff
analyze.
M
The
historian
king
intersections
level
of
service
with
project
trips,
the
results
indicate
the
level
of
service
remains
out
of
losd
for
both
am
and
pm
peak
hours
per
city
council
transportation
impact
policy.
5-5-3
level
of
service
d
is
an
acceptable
standard
level
of
service
for
the
city.
In
addition
to
the
payment
of
the
tif,
the
project
is
conditioned
to
provide
sidewalk,
bus,
shelter
and
ramp
improvements
to
promote
and
enhance
multi-metal
multi-modal
use
and
experience.
M
B
Great
thank
you.
Do
we
have
any
immediate
questions
from
the
commissioners
of
staff
related
to
this
project
before
we
move
on
to
the
appellant's
presentation.
B
Seeing
no
hands
and
nobody
waving
at
me
from
their
screen
we'd
like
to
request
the
appellant
presentation
and
I
believe
that's
mr
aaron
resendez.
G
K
K
No,
I'm
here,
I'm
gonna
start
working
this
morning
onto
memorandum
and
I've
seen
many
of
the
items
here
that
I
don't
agree
with,
and
I
don't
know
how
they
do
or
how
you
do,
for
example,
the
parking
analysis
inside
tropicana
shopping
center.
K
If
we
have
many
restaurants
over
1300
seats
on
restaurant
floor
and
and
the
radio
that
you
use
on
the
parking
analysis
is
not
compared
with
other
parts
of
the
city
where
we
have
the
same
zone,
the
staff
response
to
this
in
a
public
hearing
calculation-
I
don't
know
how
you
have
manipulate
all
the
numbers
here
in
the
tropicana
chapter
center
and
also
I
have
a
question
to
mr
two.
You
know
previously.
You
require
a
second
driveway
on
story.
Road.
Now
you
left
to
just
one
driveway.
This
will
be
a
house
on
traffic
on
story.
K
Road
and
you
know,
will
will
be
the
trail
of
our
community.
We
will
left
behind
to
this.
We
are
have
an
overcrowded
parking
already
and
this
will
push
and
wave
into
our
community
and
will
affect
our
community,
especially
the
kona
back
on
the
tropicana
shopping
center
and
also
in
my
community,
an
article
neighborhood
where
also
flipping
a
little
bit
to
the
environmental
impact
report.
K
When
the
city
like
today
meeting
if
you
approve
this
proposal,
then
the
city
will
not
follow
through
with
cod
enforcement
will
not
follow
through
with
the
conditions
we
now
follow
through
with
other
items
on
that
big
development
that
is
going
to
affect
our
community
the
traffic
on
story.
King,
that's
another
thing
that
you
don't
want
to
open
that
worm
that
the
cancer
warns,
because
you
know
that
will
come
with
environmental
issues
that
are
happening
on
historian
king.
K
K
The
city
of
san
jose
hasn't
cleaned
all
study,
road
behind
101,
all
the
homeless,
of
the
dumping
that
we
have
around
the
neighborhood
and
one
of
the
the
things
that
I
saw
on
the
consultant
environmental
impact
report
is
that
maybe
he
did
it
from
google
earth
where
the
intersection
looks
great,
including
the
emma
bruce
park.
But
when
you
walk
like
myself
that
I
walk
every
day,
this
neighborhood
is
not
the
same
that
I
sue
every.
K
K
Our
community
is
not
happening
soon.
It's
not
up
in
the
digital
age
we're
so
far
behind,
and
we
should
at
least
postpone
this
meeting
to
a
later
day
when
the
pandemic
is
over,
but
this
is
taking
advantage
of
us
taking
advantage
of
our
community
that
we
will
never
be
back
as
we
were
before.
This
is
not
good
for
the
community.
This
is
not
good
for
a
story.
K
B
Okay,
we
also
have
another
opportunity
to
ask
questions
before
we
close
the
public
comment
at
this
time.
I'd
like
to
invite
the
applicant
to
present-
and
I
believe,
dennis
is
available
to
present.
L
I
believe
he's
going
to
have
counsel
jerry
speak
on
his
behalf,
jerry
julian,
and
he
can
refer
over
to
the
applicant
that
they
want
to
speak
after.
In
is
a
lot
of
time
apologize.
We
didn't
get
a
chance
to
update
that
list.
N
Thank
you,
commissioner.
All
the
commissioners
I'm
here
just
to
let
you
know
we
have
dennis
fong
the
applicant
and
steve
yang
the
architect
to
answer
any
questions
as
well.
We're
sort
of
spreading
out
in
my
conference
room
with
masks.
N
I
take
a
couple
minutes
here
just
to
respond
to
the
applicant
or
the
appellant.
I
guess,
obviously,
all
of
the
code
enforcement
issues
that
that
he
addressed
are
not
really
before
you
at
this
point
in
time.
That's
that's
not
a
responsibility
of
mr
falling
or
this
project,
but
he
he
spoke
about
a
couple
of
the
plans
that
I'd
like
to
address
directly.
N
The
the
initial
study
actually
found
that
that
this
project
in
compliance
with
and
supports
the
kona
east
valley
community
plan,
it's
in
conformance
with
the
general
plan
and
then
in
my
letter
that
you
received
I,
I
listed
some
of
the
land
use
policies
that
it
supports,
but
the
staff
report
did
an
excellent
job,
as
did
the
initial
study
of
identifying
all
those
and
and
the
other
thing
is
that
it
as
part
of
the
evergreen
east
hills,
development
policy.
N
It's
also,
in
conformance
with
that
and
and
as
staff
pointed
out,
the
traffic
studies
were
done
as
part
of
that,
but
in
addition,
there
was
a
separate
finding
made
that
the
congestion
management
plan
was
not
violated
by
this
project
or
this
project
was
in
conformance.
So
those
are
key
points
to
keep
in
mind
based
on
what
we
heard
today.
At
this
point,
one
of
the
issues
that
keeps
coming
up
is
the
parking,
so
we're
going
to
have
steve
yang
the
architect
just
quickly.
Take
you
through
the
parking
portion
of
this
project.
N
Hey
so
actually
john
can
we're
going
to
have
to
do
steve
through
jenny's
computer?
Are
we
able
to
show
exhibits.
L
L
So
I
believe,
jenny
you
can
now
share
your
screen.
G
L
You
would
have
to
press
the
share
button.
I
believe.
D
L
Danielle,
I
think
you
have
to
do
verbal
timing
right.
They're
gonna
be
sharing
the
screen.
D
L
Building
alone,
one
second:
are
you
speaking
on
jenny's?
Are
you
speaking
on
jerry's?
If
what
are
you
doing
yeah,
can
you
speak
jerry?
Can
you
mute
yourself.
H
O
Okay,
this,
let
me
continue.
This
is
daytime
review
of
the
street,
curb
review
and
there's
a
three-story
block
in
the
parking
behind
it,
which
is
gonna,
be
a
nice
building
and
to
close
the
end
of
the
shopping
center
and
also
the
next
one
will
be
a
night
view.
You
can
see
that
it's
gonna
be
very
beautiful
nicely
looking
again
from
the
curb
street,
and
so
the
two
big
picture
is
represent
the
ascot
mexican
architecture,
all
right,
which
is
a
in
the
past.
O
O
Okay
back
to
the
okay?
This
is
a
fine.
This
parking
lot
is
area
view
taking
in
year
2019
one
of
the
sunday
morning.
You
can
see
that
parking
lot
is
not
a
congest
the
next
one.
Again,
you
can
say.
L
B
Okay,
we
now
have
an
aerial
view
of
the
parking
and
I,
if
we
could
just
get
a
quick
time
check
from
the
clerk.
O
Yeah,
this
is
a
picture
taken
in
2019
october
25th
friday
morning,
friday,
sometimes
you
know,
probably
in
a
long
time
you
can
see
the
shadow
line
so
basically
the
parking
on
both
sides
separated
by
a
story
road
and
on
the
left
side.
It's
a
shopping
center
on
the
right
side
is
a
pocket.
O
O
O
Again,
this
is
another
view
taken
last
year
april,
21st
sunday
mo
sunday,
you
can
see
much
less
build
parking
occurred
on
the
shopping
center
either
side.
So
we
feel
that
the
parking
may
not
have
a
problem
and
jenny
can
you
go
the
next
one
which
is
showing
our
proposed
site
client
showing
the
parking?
Yes,
this
is
when
building
build
along
the
top
king's
king
road.
That's
the
building
which
about
thirty
one
thousand
square
feet,
three
story
behind
the
building,
which
is
surrounded
by
the
existing
building.
One
to
two
stories.
B
Yes,
but
sure
we
are
not
seeing
anything
different,
so
you're
describing
a
building.
O
That
all
right,
let
me
go
over
it
again
quickly,
the
building
on
the
top
along
king
road,
that's
the
building,
then
flank
the
building
they
are
exiting,
and
in
and
out
that's
the
street
coming.
The
traffic
are
coming
from
the
king
road
and
the
the
traffic
will
flow
into
the
center,
which
is
a
revised,
upgraded
parking
lot
and
shared
by
all
participants,
all
three
retail
stores,
and
also
to
the
left
we
have
on
the
top.
O
B
G
O
So
this
is
basically
talking
a
lot
versus
the
building
and
the
exiting
of
the
parking
lot
and
release
the
traffic
flow.
I
think
that
this
is
also
a
major
thing
down.
The
road
is
the
parking
lot,
the
number
of
parkings
still
a
surplus,
even
the
building
built
there
and,
according
to
city
center,
says
parking
regulation.
B
At
this
time,
do
we
have
any
questions
from
the
commissioners
for
the
applicant
or
would
the
commissioners
prefer
to
wait
until
after
hearing
after
public
comment
to
ask
any
questions.
B
Okay,
I'm
not
seeing
any
hands
being
raised,
let's
jennifer
and
danielle.
If
we
could,
I
see
six
hands
raised
in
the
public
comment
area
and
I'm
sure
you've
received
others,
perhaps
via
email
or
phone,
if
we
could
go
ahead
and
start
with
public
comment
and
each
each
member
of
the
public
has
two
minutes.
G
Okay,
I
do
have
on
my
list,
michael
pierce.
Let
me
see
here
I
I
was
gonna
see
if
he
could
raise
his
hand,
but
there's
a
lot
of
hands
raised.
G
I
think
okay
phone
number
ending
in
zero,
zero.
Eight
is
this
michelle
or
michael.
P
D
D
D
In
addition
before
I
joined
the
health
trust,
I
served
as
ceo
of
a
local
community
health
center
from
2005
to
2016..
D
G
Q
Hello,
my
name
is
cecilia,
escamilla
and,
and
I've
lived
here
since
1981
on
and
off,
but
mostly
here-
and
I
just
have
some
questions
because
as
as
much
as
yeah
there's,
sometimes
that
there
is
some
parking
available
and
everything,
especially
right
now
with
the
covet
19.,
it's
not
up
to
what
it's
normally
is
the
the
the
volume
of
people
there
and
one
of
the
things
that
was
mentioned
earlier
on
that
parking,
and
then
we
were
shown
a
picture
that
showed
this
really
nice
clear
area
and-
and
it
was
a
sunday
morning-
but
you
know
you
got
to
realize-
that
a
lot
of
the
hispanic
community
are
very
much
religious
oriented
in
a
sunday
morning.
Q
A
lot
of
them
are
at
church
they're
not
going
to
be
in
tropicana
shopping
center.
You
know
what
I
mean
also
when
was
the
traffic
analysis
made
on
story
in
king
with
a
covet,
19
and
shelter
in
place
and
all
this
stuff
that
has
been
going
on
in
2020
if
it
was
done
in
this
time,
it's
not
going
to
be
a
clear
reflection
of
true
traffic
and
the
impact
is
not
really
going
to
be
shown
to
what
it
will
be.
Q
Once
everything
is
back
to
normal
as
much
as
the
idea
of
having
a
a
community
clinic
be
there,
maybe
it
could
be
placed
somewhere
else,
but
you
know
because
then,
how
many
people,
what's
the
staff
going
to
be
they're
all
going
to
need
parking?
The
patients
are
going
to
need
parking
and
for
me
I
walk
through
that
area
all
the
time
and
when
it's
normal
business
as
usual,
people
are
fighting
it.
Even
now,
it's
not
an
easy
and
clear
thing.
Q
People
are
always
driving
crazy
in
there
trying
to
get
out,
sometimes
even
walking
through
you
get
a
little
bit
worried
because
people
could,
you
know,
run
you
over
and
stuff
and
if
there's
more
business,
that's
a
three-story
building
a
lot
more
businesses
that
is,
and
what
about
the
people
are
already
employed.
Is
that
going
to
affect
them?
That
work
here
in
in
the
trump
county
shopping
center
already.
G
Thank
you,
cecilia.
Next,
we
have
m
dean
sutton.
You
are
muted,
please
immute
yourself
and
begin
to
speak.
D
D
I
know
it's
probably
beyond
your
purview
for
you
to
to
decide
the
ultimate
easement
issues,
but
at
a
minimum
I
would
ask
you
to
please
make
it
as
it
is
now.
I
believe
a
con
express
condition
of
the
approval
that
it
be
resolved,
I'm
quite
prepared
to
go
to
superior
court
and
have
it
resolved
there,
which
is
of
course,
probably
where
it
should
be.
D
I
would
ask
you
to
deny
permission
or
deny
the
permits
for
the
building
based
on
the
easement,
but
if
you
don't
want
to
do
that
at
least
require
that
that
be
resolved
and
with
mr
wie's
permission
and
instruction
we
can
go
to
superior
court.
If
we
have
to
I
hate
to
have
litigation,
it
was
not
necessary.
Try
to
resolve
the
matter,
but
go
and
have
it
result
I'm
prepared
to
do
so.
D
In
1959,
there
was
a
deed
recorded
expressly
stating
declaration
of
restrictions
divided
the
property
into
two
parts
and
the
part
which
is
the
tropicana
store,
has
the
right
to
use
the
parking
on
the
other
part.
Whoever
owns
that
property,
it's
subject
to
this
easement
and
mr
fong's
development
is,
is
ignoring
that
hoping
to
twist
an
interpretation
of
the
language
saying
that
somehow
that
easement
for
parking
terminated
somewhere
along
the
line,
I
respectfully
disagree.
I
believe
the
superior
court
will
agree
with
my
position.
J
This
is
my
first
public
commission
meeting
and
I
saw
it
on
a
postcard
and
I
thought
I'd
participate
and
listening
to
the
first
speaker
with
the
appellate,
I'm
a
resident
of
this
tropicana
neighborhood,
very
close
to
the
tropicana
site
and
lived
here
for
37
years,
and
I've
seen
the
changes
from
where
the
placita
has
turned
in
from
the
wolvers
shopping
center,
where
the
extra
new
berries
has
has
turned
into
the
shopping
center,
and
it
is
we're
we're
pressed
for
parking
as
it
is
right
now
and
looking
at
the
picture
that
was
provided
by
the
attorneys
for
dennis
bong.
J
It
showed
a
sunday
morning
where
there
was
no
parking
and
then
it
also
showed.
I
think
it
was
a
friday
and
you
can
see
that
the
parking
is
pretty
much
maxed
out
anytime,
that
we
experience
an
event
in
our
area,
whether
it's
a
circus,
that's
at
pruche
park
or
some
major
event,
the
tamale
festival
or
anything
else.
At
the
british
park.
We
get
overflow
parking
into
our
neighborhoods,
which
makes
our
already
minimal
parking
available
for
residents
that
live
here
to
minimal
to
nothing.
Once
these
events
come
in.
J
There
we've
seen
a
lot
of
changes
in
our
neighborhood
and
we're
very
proud
of
the
progressive
nature
of
the
construction
bringing
bringing
in
tropicana
and
whatever
anyways.
I
just
want
to
make
sure
that
we're
not
forgotten
as
the
the
residents
of
this
neighborhood,
we
are
impacted
by
all
these
decisions
and
and
taking
away
our
parking
spaces
is
not
acceptable.
Thank
you
for
listening
to
me.
I
hope
the
decision
is
made.
E
Yes,
hi
good
evening,
my
name
is
savador,
I'm
one
of
the
corners
of
tropicana
foods.
E
E
Once
you
come
inside
the
parking
lot,
you
can
take
like
10
to
15
minutes
to
get
out
to
find
a
parking
lot.
Sometimes
you
have
to
spend
like
half
an
hour
and
most
of
the
other
customers
they're
already
in
over
50
60
years
older.
Imagine
they
have
to
walk
from
the
neighborhood
like
right.
Now
we
have
a
problem
already,
because
sometimes
we
have
six
employees
and
we
have
to
send
them
to
them
to
the
streets
to
park.
E
So
we
can
have
more
parking
spaces
for
our
customers,
but
then
he
didn't
know
because
he
just
worried
to
get
the
money
for
the
rents.
He
he
never
got.
A
problem
he's
got
a
reserve
parking
space
for
all
for
him
for
his
daughter
for
his
son.
So
he
don't
have
to
deal
with
it,
but
we
do
that's
why
I
want
to
invite
you
guys
to
come
one
day,
one
saturday,
one
sunday
to
come
over
and
walk
like
a
delay,
the
first
lady.
E
E
So
you
guys
welcome
to
come
any
day
any
saturday
sunday,
friday
evening
and
right
now,
with
the
kobe
knight
team,
you
can
see
there's
a
lot
of
damage
to
our
community
already
and
you
guys
will
make
any
build
building.
There
will
be
a
more
huge,
important
impact
because
a
lot
of
business
go
out
of
business,
even
here
in
la
placita.
There's
a
way
a
lot
of
people
move
up.
P
I
have
a
question,
so
it
seems
to
me
that
the
common
theme
that
I've
heard
so
far
is
traffic
right
are
the
are:
are
the
residents
and
business
owners
that
are
requesting
that.
B
P
Sorry,
sorry
about
that,
so
so
are
the
residents
and
business
owners
that
are
requesting
or
appealing
this
decision.
Are
they
requesting
that
the
project
change
in
scope
and
size?
Are
they
simply
requesting
it
not
go
forward
period.
B
B
Mr
danielle
or
or
jennifer
can
we
allow
mr
ibarra
to
respond
to
that
question.
G
Please,
yes,
sorry:
what
was
salvador.
E
Yes,
sir,
to
respond
to
your
questions,
we
don't
want
you
to
do
it.
We
don't
want
to
do
anything
because,
like
I
said
you
guys
don't
know
anything
about
it
in
here,
but
you
do
a
new
traffic
analysis
and
even
story.
You
will
see
that
there's
a
very
high
another
thing:
you
guys
don't
don't
pay
the
rent
that
we
pay.
If
we
don't
have
customers,
we
don't
know
able
to
pay
the
rent
once
we
don't
pay
the
rent
we
have
to
move
out,
like
I
tell
you
already.
E
B
All
right,
thank
you
very
much
so
and
in
just
for
the
rest
of
people
to
be
acknowledged
before
you
start
speaking.
That
way,
we
can
ensure
that
the
next
public
speaker
can
be
ready
to
respond
to
your
question.
Thank
you
staff.
If
we
could
have
the
next
public
speaker.
G
Okay,
I
believe
that
was
diloah.
R
Can
you
hear
me
yes,
okay,
perfect,
so
I
was
one
of
the
people
that
attended
the
hubbard
meeting
for
the
planning
for
this
one
of
the
planning
meetings
for
this
at
hubbard
elementary
and
a
lot
of
people
in
the
community
that
actually
live
on
mars
street,
which
is
the
street
right
behind
the
placita.
R
A
lot
of
the
people
on
that
street
were
there
we're
physically
there
and
they
were
all
saying
the
same
thing
of
the
parking
and
actually
it
to
to
piggyback
on
what
the
commissioner
was
asking
and
a
lot
of
the
people
in
the
community
were
saying
they
do
not
want
that
business
that
building
there
it's
just.
You
know
those
pictures
are
very
nice,
but
we
are
the
ones
that
actually
live
in
the
community.
We
see
it
every
day.
We
know
how
many
are
in
there.
R
R
R
All
those
people
on
mars
were
saying
how
all
the
employees
were
complaining
were
parking
in
their
neighborhood
and
walking
over
pompano
longview
marsh.
Why?
Because
the
parking
lot
is
full
and
if
they
want
customers
to
come
here,
you
gotta
have
parking
spots.
So,
yes,
the
the
senses
from
the
community
that
actually
live
around
there
lynn
marsh
pompano
longview
is
that
they
don't
want
the
building
there
at
all,
because
it
does
take
away
parking
spots,
all
those
and
it's
a
three-story
building
all
the
storage
bill.
R
All
the
buildings
around
here
are
one,
maybe
two,
but
the
three-story
building,
it's
kind
of
an
eyesore.
Actually
I
you
know
the
the
graphics,
the
the
image
was
nice,
but
it
does
not
look
proper
in
that
community
in
this
community.
So
we
as
the
community
actually
live
in
the
area
and
see
it
every
single
day.
Do
not
want
this
building
there.
Thank
you.
G
H
C
H
H
B
Public
speaker,
who
would
be
who's
available
to
translate
or
any
staff
who
might
be
available
to
translate,
as
we
said,
both
commissioner
commissioner
boni
and
I
could
probably
give
you
a
rough
overview,
but
that's
not
acceptable
in
this
situation.
B
So
we
have
a
second
to
see
if
anyone
can
translate,
and
I
think
that
it
would
be
helpful
for
other
folks
who
are
going
to
speak.
If
you
could
identify
at
the
beginning
that
you
would
like
a
translator
or
if
you
have
a
translator,
then
we
can
give
you
the
appropriate
four
minutes.
G
Q
B
Thank
you
give
us
one
second
to
restart
the
timer,
so
we
can
give
you
your
treatment,
and
we
appreciate
you
translating
on
behalf
of
your
mother,
so
I
hope
we
could
restart
the
timer
and
give
cecilia
two
minutes
to
translate
senora
escamilla's
testimony.
Q
Okay,
basically,
she
said
that
she's
been
living
here
for
more
than
35
years
and
that
the
traffic
that
she
lives
on
knox
avenue,
which
is
right
behind
tropicana
shopping
center
and
that
there
is
the
traffic,
is
really
really
bad,
sometimes
exiting
the
driveway
here,
pre-cove
it
because
right
now
it's
covered
so
it
that
changes
things,
but
that
sometimes
to
exit
the
driveway.
It
could
take
anywhere
from
15
to
half
an
hour,
even
45
minutes
to
get
out,
especially
on
heavy
rush
hour
times
and
stuff.
Q
Q
Maybe
he
should
build
more
parking
like
a
parking
garage
or
something
like
that.
Maybe
that
way,
then
there
would
be
more
parking
available
to
sufficiently,
but
right
now
she
doesn't
feel
that
there
is
sufficient
parking,
because
then
we
get
all
the
overflow
around
from
all
the
different
things
when
everything
is
full
and
not
covered.
Q
G
G
What
I'm
about
to
say,
like
everyone,
feels
it's
too
overcrowded
parking
and
congestion
traffic
and
we
we
work
here
and
we
don't
have
stay
parking
spay
for
our
worker
for
our
customer.
So
again,
I'm
repeating
what
most
of
the
neighborhood
people
and
business
owner
here
say.
G
We
do
not
want
this
project
to
move
forward.
Please
listen
to
us
and
because,
if
one
day
we
invite
you
to
come
over
on
the
weekend,
so
you
can
see
it.
I
will
be
here
hope
for
guiding
you
around
the
the
the
mall
and
you
when
you
see
it,
you
wouldn't
think
this
is
a
good
plan
for
the
neighborhood.
G
I
Hi,
my
name
is
richard:.
D
I'm
a
resident
of
san
jose
california,
local
to
the
tropicana
area,
and
I'd
like
to
express
my
opposition
to
this
building
development,
as
many
have
explained
before
this
location
already
has
an
over
created
parking
lot
and
it
flows
into
the
nearby
neighborhoods
and
by
constructing
this
building
on
the
existing
lot,
it
would
reduce
the
number
of
spaces
and
it
would
create
more
unnecessary
traffic.
D
This
would
only
exacerbate
the
already
poor
traffic
conditions
and
it's
easy
to
take
a
convenient
snapshot
of
the
parking
area
when
it's
more
open
to
make
your
case
but
to
live
in
the
community
and
to
actually
visit
the
plaza
and
to
experience
the
overcrowded
conditions.
It's
a
different
story,
as
one
of
the
previous
speakers
mentioned
currently
with
the
copa
conditions,
the
current
levels
of
traffic
are
not
indicative
of
how
traffic
is
normally
presented
and
a
proper
analysis
needs
to
be
made.
D
G
Next,
we
have
victoria
victoria.
You
are
unmuted,
please
invite
yourself
and
begin
to
speak
hi
good
afternoon.
Commissioners.
My
name
is
victoria
barcia,
I'm
the
president
of
the
tropicana
lanai
neighborhood
association,
which
is
located
behind
the
tropicana
shopping
center,
where
we
have
over
10
000
residents
behind
rubicona.
G
This
project
is
on
the
furthest
corner
of
the
evergreen
east
side
development
plan
and
it's
vastly
different
community
than
the
other
communities
within
this
plan.
Pushing
this
project
through
with
an
abundance
of
community
opposition
because
of
an
outdated
plan,
is
not
the
it's
not
in
the
best
interest
of
the
community.
In
addition,
we
also
know
that
the
intersection
at
story
and
king
is
already
heavily
impacted
by
traffic
by
reducing
the
quality
of
life
for
the
surrounding
neighborhoods.
G
This
intersection
is
rated
at
d.
The
minimum
acceptable
level
under
city's
transportation,
level
of
service
policy
and
staff
is
waiving
a
traffic
study
based
on
a
12
year.
12
year
old
plan,
stating
the
negative
impact
on
traffic
on
traffic
is
insignificant
without
a
traffic
study.
We
cannot
be
certain.
This
project
will
have
a
negative
impact
on
traffic
in
this
area.
This
is
where
I
live,
and
I
provide
for
my
family
and
cannot
reduce
our
quality
of
life
based
on
a
12
year
old
plan
without
doing
our
due
diligence
by
conducting
a
traffic
study.
G
F
She
wanted
to
express
her
concerns
about
the
development
we've
met
with
the
business
owners
at
tropicana
and
adjacent
businesses
and
neighborhood
leaders
and
associations
over
the
past
two
years,
who
have
serious
concerns
about
the
impact
to
the
traffic
along
king
and
story
and
the
parking
circulation
within
the
shopping
plaza.
F
Just
as
everyone
has
said,
you
can
go
there
on
a
sunday
afternoon.
It
is
completely
packed
it's
very
unfortunate
that
they
were
showing
pictures
before
the
the
stores
were
open
and
as
a
former
resident
of
this
neighborhood
having
experienced
the
significant
traffic
there's
no
kind
of
fees
that
would
fix
the
problem.
This
is
an
infrastructure
built
in
infrastructure
problem
that
can't
be
fixed
with
mitigation
fees,
and
so
we
wanted
to
raise
our
concerns
about
this
project
and
hope
that
you
will
accept
the
appeal
and
deny
the
permits
for
this
project.
Thank
you.
B
Jennifer
danielle
before
we
move
to
the
next
speaker,
I
just
want
to
announce
that
we
have
four
speakers
left.
If
you
would
like
to
speak
during
this
public
comment
section,
please
notify
the
clerk
either
by
raising
your
hand
or
by
calling
in
versus
the
instructions
that
were
previously
there.
B
We
will
not
be
accepting
new
public
comment
after
7
40,
so
please
identify
yourself
that
should
that
will
take
us
to
the
next
four
speakers.
So
thank
you.
G
Thank
you.
Next,
we
have
jenny,
jenny.
You
are
unmuted,
please
mute
yourself
and
begin
to
speak
hi.
Can
you
hear
me?
Yes,
we
can
hi.
My
name
is
jenny.
Newey
and
I
live
in
east
san
jose.
I
want
to
appeal
and
stop
the
construction
at
choppy
kind
of
foods.
There
are
many
issues
related
to
this
construction.
G
G
The
neighborhood,
which
is
not
giving
a
good
quality
of
life
or
even
a
sense
of
security
around
the
neighborhoods
number
three,
is
the
easements
right
that
dennis
fong
should
not
be
building
on
the
easement
of
that
ownership
from
the
current
retail
owners
that
needs
to
be
addressed,
and
at
least
approved
before
this
can
even
go
forward
for
any
construction
or
development
that
easement
right
belongs
to
the
current
owners
of
the
retail
owners
today,
and
it
does
not
belong
to
dennis
fong,
where
he
is
violating
that
easement.
G
G
D
Thank
you,
commissioners.
My
name
is
dennis
king
executive,
director
of
the
spanx
chambers
of
commerce,
nice
to
see
you
virtually
I'm
looking
forward
to
the
time
where
we
can
have
meetings
in
person.
Our
hispanic
chamber
has
been
working
with
many
of
the
merchants
there
for
and
me
personally
for
more
than
two
decades,
we've
helped
them
most
recently
in
helping
a
number
of
them
getting
their
pp
loans
of
those
that
qualify.
Unfortunately,
a
number
of
them
don't
so
we're
looking
for
new
ways
to
do
this.
D
You
know
20
years
ago
the
big
issue
for
east
san
jose,
particularly
at
story
and
king,
was
called
leakage,
and
that
was
a
lack
of
businesses,
a
lack
of
jobs
that
were
there
and
that
there
was
some
effort
to
see.
Well,
what
can
we
do
to
respark
things
economically
for
east
san
jose?
This
project
is
that,
in
my
mind,
with
businesses
are
located
outside
of
east
san
jose.
Eastside
residents
need
to
travel
to
go
there,
and
this
is
an
effort
to
again
be
more
local
and
more
convenient
for
those
that
are
in
that
particular
community.
D
A
few
years
ago,
I
joined
the
mayor
in
the
study
of
downtown
seattle
to
make
a
long
story
short.
The
the
future
that
we've
been
told
for
shopping
centers
and
for
downtowns
is
to
move
more
and
more
away
from
cars
and
more
and
more
about
people
and
public
transit
san
jose
is
in.
This
is
a
very
awkward
time
period
where
we're
moving
from
what
we've
done
in
the
past
to
what
we
need
to
embrace
in
the
future,
and
this
project
reflects
the
future.
D
G
D
A
All
right,
sorry
about
that,
I'm
I'm
logged
on
on
a
phone
line
as
well
as
the
zoom
line,
but
now
I'm
I'm
online
here,
so
I'm
just
gonna
try
to
address
this
as
best
I
can.
I
understand
two
minutes
I'll
try
to
get
through
this.
A
As
simply
as
I
as
I
can,
I
know,
a
lot
of
folks
have
already
addressed
the
parking
issue.
I
share
those
concerns.
I'm
a
neighborhood
resident
I've
been
here
for
about
16
years,
a
san
jose
resident
for
about
20..
The
thing
that
I
wanted
to
address
was
actually
to
me
the
the
kind
of
resultant
impact
on
the
existing
businesses,
specifically
in
the
tropicana
shopping
center.
A
One
of
the
things
I
noticed
about
the
other
surrounding
businesses
in
the
other
in
the
and
the
other
strip
malls
that
are
that
are
surrounding
this
shopping
center
starbucks
chase
bank
target
wingstop
and
all
these
others
are.
These
are
nationally
known
brands
with
a
with
a
sizable
presence,
a
lot
of
customer
brand
recognition.
The
existing
businesses
that
operate
in
the
tropicana
shopping
center
are
not
those
companies,
with
the
exception
of
maybe
t-mobile
and
bank
of
america,
which
are
right
on
the
corner.
A
A
That's
essentially
a
lifeline
to
those
businesses
who
have
to
establish
and
build
a
brand
that
otherwise
they
just
don't
get
the
benefit
of,
and
considering
the
fact
that
we're
we
are
in
the
middle
of
a
pandemic
where
that
visibility
by
foot
traffic
or
driving
traffic
as
they
move
through
the
neighborhood
is
even
more
critical
because
folks
are
just
not
going
to
be
as
inclined
to
drive
through
strip
malls
as
often
as
they
were
before.
I.
A
I
find
it
astonishing
that
we
would
put
up
such
a
barrier
to
entry
for
these
existing
businesses
of
allowing
them
to
be
able
to
have
traffic
have
people
park
in
those
areas
to
be.
A
I
seriously
I
ask
the
commission
to
seriously
consider
the
impact
of
the
existing
businesses,
the
plea
of
the
neighbors
for
what
this
will
represent.
There
is
a
way
to
be
able
to
advance
development
and
and
be
able
to
build
this
or
push
us
into
the
future.
I
don't
think
this
is
it
and
I
seriously
ask
you
to
consider
that.
G
Thanks,
thank
you
steve.
I'm
also
wondering
were
you
calling
in
from
the
galaxy
s9
as
well.
H
D
Thank
you
for.
Let
me
hang
up
on
my
other
side.
Thank
you
for
letting
me
speak
hello
planning,
commissioners.
I
am
a
local
resident
of
san
jose.
I've
lived
here
for
over
35
years
and
I
wanted
to
appeal
to
stop
the
construction
at
the
tropicana
foods
plaza,
not
just
to
build
a
smaller
site,
but
just
to
completely
deny
that
building,
because
it
does
add
a
negative
impact
to
our
community.
D
I
go
there.
Often
tropicana
has
one
of
the
best
fresh
tortilla
to
get
in
there.
You
have
to
wait
in
traffic
to
drive
into
the
propaganda
plaza
once
you
once
you
get
in
it's
difficult
to
find
parking.
I've
been
a
loyal
customer,
so
I
do
go
there,
but
I
do
notice
that
this
is
going
to
lose
business
for
the
tropicana
center,
as
well
as
the
small
businesses
that
is
there
already.
That
is
already
hurting
from
covid.
D
This
is
something
consistent
with
everyone.
My
concerns
the
traffic,
the
parking,
the
impact
on
the
neighborhood
and
steve.
He
brought
up
a
great
point
that
it
is
blocking
view
from
traffic
or
from
pedestrians.
Walking
by
that
you
are
not
able
for
new
customers.
You
are
not
able
to
see
what
is
in
there,
because
there
is
a
lot
of
small
business
owners
and
they
you're
blocking
that
view
for
them,
and
it
will
impact
their
business.
D
This
is
a
huge
concern,
not
just
for
me,
but
for
the
people
within
the
neighborhood,
and
if
you
can
just
go
there
and
see
the
impact
on
the
the
center
and
the
community,
you
will
understand
that.
You
know
this.
There
is
a
there
should
be
better
places
to
build
and
not
at
the
center.
S
Okay
good
evening,
commissioner
and
chair
commissioner,
my
name
is
henry.
I
am
in
the
area
for
37
years.
I
work
here
live
here
and
grow
up
here
and
I
see
the
community
grow
as,
along
with
the
small
business
mom
and
pop
business
role
in
the
tropicana
intersection
and
kingdom
story,
especially
in
tropicana
shopping
center.
S
You
can
see
we
have
silicon
valley
or
sanjay
have
many
of
the
big
shopping
center,
with
steve
mentioned,
like
with
the
with
the
well-known
national
known
company,
but
in
here
only
mom
and
her
mom
and
pop
they
offer
to
the
community
all
their
savings
put
into
the
business
they
work
in
here.
That's.
Why
create
the
tropicana
shopping
center,
so
special.
S
And
put
in
the
building
like
this
will
take
away.
The
parking
will
would
not
the
visibility
of
the
of
the
shopping
center
will
make
a
big
impact
on
their
livelihood
to
get
this
fund.
It's
just
another
building
that
he
owned,
but
to
the
local
mom
and
pop
and
the
community
in
the
east,
san
jose
story
and
king
is
their
lifetime
saving
in
their
livelihood.
S
S
G
Thank
you
see,
I
thought
I
saw
another
name.
Were
you
going
to
speak
again
or
did
you
have
someone
that
you
needed
to
transform.
Q
B
And
then
I
think
aaron
and
jerry
are
applicant
and
appellate,
if
I'm
not
mistaken,
so
so
seeing
no
additional
public
comment
and
it's
7
45
past
the
time
that
I
said,
we
would
take
additional
hands
up
at
this
time.
I'd
like
to
close
the
public
comment
portion
of
the
hearing
and
we'll
give
the
applicant
five
minutes
to
respond
to
public
comment.
So
let's
go
ahead
and
get
that
set
up
and.
B
G
L
H
K
K
You
have
also
do
a
parking
radio,
radio
requirement
with
the
traffic
analysis
and
a
real
real
space
is
required,
because
this
is
the
thing
they
manipulated
the
radio
of
the
parking
and
compare
these
with
other
shopping
centers,
and
you
will
see
the
difference
on
the
manipulation
of
the
parking
analysis
also
when
they
presented
a
picture
that
has
another
driveway,
then
his
phone
cannot
do
a
driveway,
because
that
property
piece
belongs
to
tom
view.
One
of
the
parking
lot
owners
that
he's
not
allowing
to
do
the
driveway
there.
K
So
that's
a
lie,
and
also
there
is
a
a
need
for
a
traffic
study
and
historian
king
road
getting
out
the
the
traffic
analysis
of
evergreen,
but
also
I
want
to
talk
to
every
one
of
the
commissioners,
the
chair,
the
vice
and
all
the
new
commissioners.
You
have
the
power
to
do
a
right
decision.
Today,
you
have
the
power
to
do
a
smart
planning.
K
K
One
day,
no
long
time
in
the
future,
you
might
be
running
for
elected
office,
we
will
rema,
we
will
remember
every
one
of
you
and
when
you
didn't
these
days,
you
heard
the
comments
and
we
would
like
to
have
the
community
if
it
was
not
covered
19
to
get
into
the
council
chambers
and
bring
all
these
people
like
the
lady
that
was
speaking
in
spanish
great
what
she
was
saying,
because
we
feel
the
impact
already,
and
if
this
is
built
we
will
have
the
worst
impact.
K
Now,
when
I
was
talking
about
cardinal's
champion
center
yeah,
that's
not
dennis
fault
is
the
fault
of
the
serious
san
jose
code
enforcement
because
yeah
you
are
up.
You
know
you
are
sending
this
for
approval,
but
once
it's
approved
the
city
of
san
jose
will
not
take
care
of
the
work
they
have
to
do,
and
I
have
an
example,
commissioner
bonilla.
He
knows
where
I
live.
K
He
knows
that
a
school
that
is
there
close
to
my
house
was
built
back
in
the
60s,
where
there
was
an
easement
between
the
city
of
san
jose
and
the
residents,
and
that
is
men
only
a
state.
For
five
years
the
residents
forgot
about
the
eastman,
the
city
of
san
jose
forgot
about
the
eastman
and
nobody
is
taking
care
of
that
blighted
place
where
they
do
dumping
like
every
day.
K
So
this
is
the
thing,
but
once
the
the
building
is
constructed,
if
allow
it,
they
will
not
take
care
of
this
another
thing
you
know
that
is
stretching
our
neighborhood.
We
only
have
a
sweeping
day
a
month,
the
sweet,
the
sweeper,
never
do
the
job
right
like
they,
you
know
sweeping
another
part
of
the
of
the
city
and
we
are
blighted
all
over
the
place.
K
Lastly,
thank
you
very
much
and
I
for
your
information
and
all
of
those
of
you
that
don't
know,
especially
like
commissioner,
garcia
yeah,
think
you
are
new
you
as
a
planning,
commissioner,
and
I
was
one
of
them
for
five
years
at
the
county
of
santa
clara,
have
the
right
have
the
independence
to
catch.
Your
vote
have
the
independence
to
be
yourself
and
make
the
right
decision
on
this
and
looking
at
the
environmental
impact
report
that
is
like
170
pages.
Almost
I
read
it
twice.
K
I
read
it
three
times
and
I
read
it
four
times
the
four
times
today
read
that
and
that's
a
lie
of
the
environmental
impact
report
and
you
have
a
hard
time.
Please
postpone
this
or
do
something,
but
I
thank
you
very
much
and
your
decision
will
be
right
and
I
wish
you
the
best
to
you
and
your
family.
All
of
you.
Thank
you.
B
Okay
at
this
time,
we
have
five
minutes
for
the
applicant
to
respond,
and
then
we
will
take
questions
from
the
commissioners
to
either
the
applicant
or
the
appellant.
N
Thank
you,
chairwoman,
caviaro,
and
I
want
to
thank
on
behalf
of
dennis
you
and
all
the
commissioners
for
your
time
and
your
consideration
tonight.
A
couple
things
I'd
like
to
address
that
were
raised
by
the
public
comments,
just
to
make
sure
we're
all
on
the
same
page.
There
was
a
lot
of
discussion
about
when
were
the
studies
done,
pre-covered
postcovid
staff
will
will
inform
you
that
the
initial
study
was
completed
in
march
of
2019.
N
All
the
studies
relied
on
were
prior
to
that
date,
so
so
it's
all
pre-covered,
there's
no
there's
no
influence
from
the
shutdown
going
on
there.
N
The
other
thing
I
want
to
talk
about
is
that
the
parking
issue
we
heard
a
lot
about
parking
and
we
and
and
the
staff
memo
explains
it,
but
but
at
the
end
of
the
day,
the
city,
the
city,
parking
requirements
for
this
site
are
447
parking
spaces.
There's
560
after
the
building
is
built,
so
that's
an
excess
of
113
parking
spaces.
N
I
know
a
lot
of
the
neighborhood
is
upset.
Ultimately,
perhaps
their
upset
should
be
with
the
city's
parking
ratios,
but
the
applicant
has
complied
with
what
they
were
requested
to
do
by
the
counties.
I
mean
sorry,
the
city's
long-range
plan
and
that's
what
we've
done
so
parking.
I
don't
think,
is
an
issue.
The
initial
study
addresses
its
staff
has
addressed
it.
N
N
The
the
other
issue
that
was
raised
a
lot
is
was
traffic,
and
if
you
look
at
the
initial
study
and
and
you
look
at
the
staff
report,
you'll
see
that
the
city
did
its
own
traffic
analysis.
N
It
was
studied
by
an
outside
consultant
and,
and
there
were
no
issues
raised
with
with
traffic
again
it
doesn't
it
comports
with
the
vta's
congestion
management
plan
as
well.
So
so
traffic
has
has
been
looked
at
and
it's
addressed,
and
it's
not
really
a
factor
caused
by
this.
N
This
project,
one
of
the
main
reasons
being
it's
non-peak
trips
office
and
in
retail,
aren't
don't
generate
nearly
as
much
so
and
then
the
the
the
one
other
thing
I'd
like
to
point
out
a
lot
of
people
when
talking
about
the
parking
ratios
and
the
traffic.
If,
if
you
look
at
the
cit
city's
own
land
use
plans
like
land
use
5.1
in
order
to
create
a
complete
community
in
order
to
create
complete
communities,
promote
new
commercial
uses
and
revitalize
existing
commercial
areas,
we
meet
that
one.
N
Obviously,
the
other
one.
I
would
point
commission
to
is
land
use,
5.3,
encourage
new
and
intensification
of
existing
commercial
development,
including
standalone,
vertical
mixed
use
or
integrated
horizontal
mixed
use
projects
consistent
with
the
land
use
and
transportation
diagram.
We
check
that
box
and
and
land
use.
5.6
specifically
addresses
this
issue
about
using
the
parking
field.
It
says,
encourage
and
facilitate
the
upgrading,
beautifying
and
revitalization
of
existing
strip
commercial
areas
and
shopping.
Centers
minimize
the
visual
impact
of
large
parking
lots
by
locating
them
away
from
the
public
streets.
N
So
in
all
the
years
I've
done
land
use.
This
is
one
of
the
few
projects,
I'm
not
seeking
the
variance.
I
probably
never
had
a
project.
That's
checked
as
many
boxes
in
terms
of
meeting
up
with
all
the
different
city
plans,
whether
it's
the
the
evergreen
east
hills
plan,
it's
the
kona
strong
neighborhood
plan,
and
so
we
just
don't
think
there's
any
basis
for
denying
it
to
the
extent
people
don't
like
the
parking
ratios.
That's
really
an
issue
with
the
city.
N
The
last
thing
I
want
to
address
is
the
easement
issue,
and-
and
mr
sutton
raised
it,
it
is
an
express
condition
of
this
approval
that
that
we
resolve
the
private
easement
issue
before
we
pull
any
permits,
so
I'm
as
eager
to
get
to
superior
court
with
mr
sutton
as
he
is
with
me,
and
we
have
a
different
opinion.
N
We
believe
that
his
deed
that
he's
referring
to
was
issued
after
the
ccnrs
were
recorded
and
the
ccnr
specifically
allowed
for
majority
owners
of
the
center
to
amend
or
change
the
ccnrs,
including
all
the
agreements
that
stem
from
them.
So
we
have
a
different
legal
opinion
and
a
judge
will
have
to
decide
who's
right
and-
and
I
think
that's
the
best-
I
think
the
city
staff
addressed
that
perfectly
by
putting
that
condition
there.
It
lets
the
two
private
parties
resolve
this
issue
and
it's
not
something
the
city
should
have
to
weigh
in
on.
We.
N
B
Thank
you,
so
I
see
a
hand
up
for
vice
chair
bonilla,
and
I
want
I
have
several
questions
for
the
applicant
and
and
staff
as
well.
So
I
invite
commissioners
to
raise
their
hands.
If
you
have
questions-
and
I
will
recognize
vice
chairman
at
this
time
for
questions
to
the
applicants
or
the
appellants
only
before
I
close
the
public
hearing.
C
There's
a
question
of
the
applicant
so
so
your
position
is
that
the
parking
situation
is
an
issue
with
the
city,
not
an
issue
with
the
applicant.
N
Parking
am
I
unmuted,
you
are
now
okay.
Thank
you.
Well
I
I
guess
I
would
answer
that
is
the
the
we
didn't
design
up
to
the
maximum
they're
still
under
the
city's
parking
ratio,
113
extra
parking
spaces.
N
I
think
that
might
be
a
legitimate
question
if,
if
we
had
attempted
to
go
to
the
maximum
footprint,
but
but
I
mean
dennis
obviously
is
a
businessman
and
he's
got
owns
real
estate
out
there
and
he's
he's
got
tenants.
So
he's
he's
not
apt
to
do
something
that
he
thinks
is
going
to
jeopardize
and
diminish
the
value
or
the
the
usefulness
of
that
center.
C
So
here's
the
fundamental
problem
I'm
having
with
with
your
position
I
first
of
all
my
family
has
lived
down
the
street
from
that
mall
for
about
50
years,
50
plus
years.
My
office
was
literally
across
the
street
at
that
cardinals
right
next
to
it
where
the
harbor
freights
is
well.
That
was
my
office
for
four
years
before
harbor
freights
came
in.
C
I
know
that
community
intimately-
and
I
can
tell
you
before
before
this
concept
and
look
I
like
the
building-
I
think
it's
a
nice
building,
but
before
the
before
the
as
is
today,
I've
literally
had
plenty
of
days
where
I
couldn't
find
parking
at
my
office.
I
couldn't
find
parking
at
your
site.
I
couldn't
find
parking
at
the
at
the
target
I
literally
had
to
park
in
the
neighborhood
in
order
to
access
my
building.
So
to
me,
fundamentally,
I'm
not
hearing
the
right
level
of
commitment
on
the
parking
side.
C
I
mean
I
get
the
legal
arguments
and
there's
plenty
of
room
to
wiggle,
but
I'm
not
seeing
any
real
commitment
from
the
applicant
to
truly
mitigate
this
need.
I
think,
to
the
point
that
folks
are
listening
out
there.
I
think
the
easement
issue-
you're
100
right,
that's
a
private
issue,
that's
between
all
of
you,
but
this
parking
issue
is
real.
This
parking
issue
is
is
is
going
to
def,
definitely
negatively
impact
that
community.
I
drove
from
the
cardenas
right
there
next
to
tropicana
to
roughly
a
little
closer
to
to
jackson
street.
C
It
took
me
about
40
minutes
yesterday
takes
me
that
much
to
get
to
palo
alto
so
to
to
tell
me
that
you've
done
enough
you're
working
within
the
law
and
that's
good
enough
is
not
good
enough
right,
because
there
really
isn't
a
plan
in
place.
That
shows
me
personally
that
that
you
really
are
taking
the
needs
of
the
community.
That
is
impacted.
You
know
the
members
of
the
community
asked
for
us
to
come
out.
I
was
there
every
day,
I'm
there
every
day
and
unequivocally
today.
C
Parking
is
a
massive
problem.
Traffic
is
a
massive
problem.
I
don't
need
to
spend
two
hundred
thousand
dollars
on
the
traffic
study.
To
tell
you,
the
traffic
is
horrible
at
that
intersection,
and
I
definitely
know
by
adding
more
buildings
go
more
more
apartment.
I
mean
offices
going
up,
it's
only
going
to
add
to
those
tensions,
so
I
like
your
project
conceptually,
but
I
do
not
believe
the
project
has
done
enough
to
mitigate
the
needs
of
the
community.
Although
I
don't
live
in
that
district,
I'm
absolutely
impacted
by
it
and
I
can
tell
you
unequivocally.
C
That
is
a
massive
problem
for
the
city,
but
that
is
also
a
problem
for
folks
that
are
investing
in
that
part
of
that
city
of
our
city.
We
need
solutions
to
parking
and
I'm
not
hearing
them
right
now.
So
unless
I
do
my
position
on
this
is
that
I
cannot,
in
good
conscience,
vote
to
support
your
project
when
in
actuality
or
project,
although
aesthetically
pleasing
aesthetically
something
I
would
like
to
see
something
that
is
going
to
have
even
bigger
negative
consequences
to
the
community
from
a
parking
and
traffic
standpoint
to
me.
C
I
just
can't
do
that.
So
it's
up
to
you
guys
to
show
me
if
there's
another
way,
but
as
of
right
now,
I
cannot
vote
in
favor
of
this.
B
Thank
you
vice
chair
bonilla,
again,
let's
limit
these
comments
to
questions
for
the
applicant
or
the
appellate.
We'll
have
plenty
of
opportunity.
After
that,
we
close
the
public
hearing
for
a
discussion
among
the
commissioners.
I
see,
at
mr
torrence's
hand
up
recognizing
you
to
ask
your
questions
of
either
the
applicant
or
the
appellant.
F
I
want
to
know
after
hearing
from
these
residents
and
some
of
the
business
owners,
how
what
is
your
response
to
their
concern
about
how
having
a
three-story
structure
there
is
going
to
block
the
view
of
the
businesses
from
the
street.
F
That
is
a
problem
that
can
definitely
impact
the
success
of
these
mom
paw
shops.
So
what
what
do
you
say
to
that.
T
Good
evening,
commissioner,
thank
you
for
your
question.
I
would
respond
to
say
that
the
visibility
is
not
an
issue.
The
operation
of
how
well
the
shopping
center
is
marketed
and
run,
and
the
product
tenant
mix
are
the
key
driving
factors
in
a
in
the
success
of
a
shopping
center,
and
you
can
look
at
valley
fair.
T
T
What
makes
a
center
successful
is
that
you
have
the
right
product
mix,
the
right
service
and
the
right
marketing.
Now
we
have
take
with
all
the
tenants
that
are
inside
la
placita,
small
mom
and
pops.
I
have
nurtured
them
over
a
20-year
time
period,
they're
all
doing
well
in
spite
of
their
covet,
and
the
reason
is
that
the
marketing
have
already
driven
the
traffic
that
comes
to
la
pasita
because
of
the
product
mix
and
the
service.
It
is
all
in
the
operations
and
marketing
of
a
shopping
center.
F
Awesome
wonderful,
thank
you
very
much
and
then
a
follow-up
question
to
that
is:
what
are
the
plans
for
the
ground
floor?
Retail
space?
Could
the
this
is
just
a
thought
that
came
to
me?
Could
the
current
businesses
lease
space
there
so
that
their
business,
if
they
feel
like
it,
needs
more
visibility?
T
K
T
Is
going
to
do
the
best
in
terms
of
drawing
drawing
businesses
and
traffic
to
the
shopping
center?
Now,
for
instance,
if
you
want
a
500
square
foot
space
to
do
an
ice
cream
shop
or
versus,
say
a
large
retailer
that
could
be
taking
a
000
or
10
000
square
feet
that
will
serve
the
shop,
the
whole
neighborhood.
That
does
not
have
that
kind
of
service.
T
Remember
that
in
the
years
that
we
in
the
20
plus
years
at
tropicana,
I
have
consistently
made
investments
in
it.
When
the
pictures
I've
sent
in
in
1998
the
shopping
center
was
a
desolated
place
with
buckets
of
empty
parking
space,
but
it
had
a
problem.
It
didn't
do
very
well
and
then
in
2000
I
added
two
pad
buildings
along
story,
road
that
energizes
shopping
center
2003.
T
So
throughout
these
years
and
then
in
2013,
I
led
the
fight
to
put
in
a
brand
new
parking
lot.
So,
throughout
these
years,
if
you
look
at
the
photos,
I've
submitted
the
leadership
for
providing
the
continuing
improvements
of
tropicana
was
provided
by
me.
The
objections
and
the
fights
has
always
been
an
existing
property
owner,
like
mr,
we,
who
has
to
be
threatened
with
lawsuits
in
order
to
pay
for
his
share
of
the
parking
lot.
So
I
my
worker,
should
speak
for
itself
that
I
have
made
tens
of
millions
of
dollars
in
investment.
T
T
B
Thank
you
I'd
like
to
acknowledge,
commissioner
casey.
If
you
have
questions
for
the
applicant
or
the
appellant,
please
go
ahead.
P
Thank
you.
My
question
is
for
the
applicant,
mr
fong,
just
to
kind
of
ladder
up
to
commissioner
tauren's
question
and
you
made
the
comment
that
valley,
fair
and
santander.
P
I
believe
you
mentioned
that
their
success
was
based
on
their
marketing
as
a
customer,
and
I
went
past
the
the
location
a
couple
times
over
the
past
few
days,
and
I
can
imagine
traffic
being
an
issue,
and
I
know
valley,
fair
and
santana
row
have
gone
to
great
lengths
to
include
additional
parking,
they've
built
all
sorts
of
garages
and
whatnot
to
accommodate
their
clients.
P
Now
you're
saying
that
in
no
way
shape
or
form
you're
concerned
about
parking
at
all,
with
the
once,
you
put
a
three-story
building
up
and
all
of
the
additional
traffic
that
will
come
along
with
that
additional
employees
that
will
be
housed
in
your
new
three-story
structure.
Traffic
is
not
a
concern
at
all
for
you
or
parking.
T
Traffic,
if
you
look
at
the
plans
that
architect,
steve
yang,
have
provided
as
part
of
this
project
I
have
built,
I
will
be
building
a
new
exit
driveway
on
my
lab,
not
somebody
else's
land
to
exit
into
story.
Road
for
for
those
who
have
gone
by
tropicana
you'll
find
that
the
in
terms
of
traffic.
The
greatest
issue
is
a
bottleneck.
T
T
B
You
seeing
no
other
hands
from
other
commissioners.
I
have
several
questions,
so
the
chair's
prerogative
is
to
ask
for
questions
now.
First
question
is
similar
in
vain
to
both
commissioner
casey
and
commissioner
torrance.
B
My
understanding
is
that
this
development
has
been
under
consideration
for
since
at
least
2016
or
at
least
been
thought
of
since
2016.,
as
you
were
in
the
development
process.
What
we
have
seen
most
recently
on
the
planning
commission
is
a
move
towards
underground
parking
or
parking
that
is
part
of
the
building.
Can
you
please
discuss
why
this
building
has
no
parking
included
as
part
of
its
actual
edifice
itself
and
any
barriers
or
challenges
related
to
underground
parking.
T
Well,
that
has
was
not
included
in
the
plan
because,
based
on
the
parking
ratios,
we
have
exceeded
the
code
ratio
by
113
spaces
or
25
above
the
city
requirement,
particularly
more
in
tune
with
the
overall
general
plan
of
the
city
and
every
smart
city.
That's
working
on
projects
right
now
is
a
concern
that
they
do
not
want.
T
That's
urban
sprawl
or
there's
massive
massive
parking
lots,
parking,
lots
and
themselves
do
not
make
business
success.
If
you
look
at
the
first
three
pictures
I
submitted
of
tropicana
in
1998,
you
will
see
that
the
parking
lot
is
huge,
but
there's
no
cars
in
it.
A
huge
parking
lot
is
not
a
guarantee
for
success.
That's
why
tropicana
failed!
That's
why
newberry
failed,
and
it
is
all
these
recognizing.
What
is
the
driving
factor?
B
Thank
you,
mr
phong.
My
next
question
is
we
heard
from
aki
and
from
a
few
other
vendors,
does
this
building
already
have
planned
occupants,
as
in
have
you
already
leased
spaces
in
a
building
that
doesn't
yet
exist?.
T
T
T
H
T
T
It
is
what
inspires
people
to
come
to
a
shopping
center,
because
it
has
everything
that
they
want.
Now
you
think
about
it.
I
want
to
buy
a
pair
of
shoes,
so
I
tried
to
down
the
street.
I
want
to
get
a
haircut
I'll
go
to
the
next
street
unlocks.
I
want
to
go.
Have
a
restaurant
food
I'll
go
another
street?
T
What
this
has
done.
Tropicana
is.
It
has
become
such
a
success
in
the
latino
community.
It's
because
it
offers
a
latino
community
everything
it
wants
in
one
place.
So,
instead
of
making
five
trips
to
get
everything,
you
want,
you
make
one
car
one
trip
with
your
family
and
you
get
everything
at
tropicana.
T
B
I'm
gonna
interrupt
you.
I
appreciate
your
your
ability
to
tell
a
great
story.
You
know
I
could
probably
listen
to
you
all
night
long.
However,
we
do
need
to
get
to
other
questions,
and
so
I
appreciate
that
you've
answered
my
questions
efficiently.
I
do
have
one
final
question
and
I
would
ask
you
to
be
getting
a
response.
What
actions
have
been
taken
to
date
to
address
the
easement
issue
with
the
other
tenants.
T
T
B
So,
mr
phong
and
mr
houlihan
just
to
be
clear
you
this
project
has
been
under
consideration
or
development
since
at
least
2016
and
there's
been
no
negotiations
so
far
related
to
addressing
the
easement
is
what
you're
saying
that
you
you're
welcome
to
entertain
those
negotiations,
but
you
haven't
actually
engaged
in
any
so
far.
N
This
is
mr
houlihan.
No,
actually,
that's
that's
not
exactly
accurate.
We
have
been
working,
oh
boy
longer
than
since
this
project's
been
in
trying
to
adopt
modern
ccnrs
for
this
center.
This
is
a
unique
center
in
the
sense
that
there's
different
ownership
interests.
N
It's
not
like
valley,
fair,
where,
where
you've
got
one
company
that
owns
the
majority
of
it
and
a
couple
major
tenants
that
cc
and
ours
are
outdated,
so
we
have
been
working
with
a
a
lot
of
the
owners
through
jim
little
as
their
attorney
drafting
what
I
would
call
a
more
modern,
updated
sort
of
modeled
after
a
normal
shopping
mall
or
so
no.
We
have
actually
been
doing
that
this.
N
There
have
been
impediments
to
that
with
people
not
wanting
to
pay
for
certain
things
which
has
kind
of
been
the
history
out
there,
and
so,
when
that
sort
of
stopped,
we
were
anyway
we're
doing
it
all
at
once,
we're
rewriting
the
ccnr's
and
the
easement.
N
It's
all
part
of
the
same
process
and
I
have
reached
out
to
jim
little
the
owner's
attorney
now,
not
all
henry
henry
who's
on
the
phone
has
a
different
attorney,
but
some
of
the
other
owners
are
represented
by
jim
little
and
and
explain
to
him
what
we're
doing
and-
and
there
has
been
a
draft-
that's
been
circulated
of
those
ccnr's
about
two
years
ago
and
that's
the
with
the
document
that
would
be
changing
the
easements
as
well.
It's
the
parking
lot
agreement
and
the
ccnr,
so
so
there.
T
B
Okay,
thank
you
very
much
for
that
clarification,
I'm
not
seeing
any
more
questions
of
the
applicants
or
the
appellants
from
our
commissioner.
So
at
this
time
I'd
like
to
close
the
public
hearing,
I
want
to
open
it
up
for
additional
commissioner
questions
for
the
project
manager.
I
myself
have
several
but
I'll.
Let
the
other
commissioners
ask
their
questions.
First,
I'm
seeing
a
hand
up
from
commissioner
lardinwa,
so
we'll
start
with
him
and
several
other
hands
from
other
commissioners.
A
Thank
you
chair,
so
yeah.
I
have
a
couple
process
questions,
so
my
understanding
is
that
the
permit
that
was
already
approved
has
is
conditional
on
the
easement
issues
being
resolved
in
court.
So
if
this
appeal
is
denied,
then
the
permit
would
still
stand
with
those
conditions.
Is
that
correct.
H
No,
no!
No,
it
would
not
I'm
sorry.
This
is
vera
potter
off
the
city
attorney's
office,
and
that
is
not
accurate.
This
hearing
is
a
hearing
de
novo,
which
means
you're
hearing
this
anew.
If
permit
is
denied
there
is
the
appeal
is
denied,
which
is
actually
the
wrong
term
here.
The
commission
will
either
vote
to
approve
the
permit
or
deny
the
permit,
approve
the
permit
with
conditions
or
deny
the
permit.
This
is
a
new
hearing,
so
that
permit
has
noticed,
has
no
validity
correctly.
L
L
I
would
note
that
the
permit
condition
that
was
previously
approved
by
the
director
is
carried
over
into
the
resolution
that
is
being
considered
by
the
planning
commission.
Yes,
it
is
so
if
you
do
vote,
I
think
you're,
what
you're
saying
and
maybe
it's
a
phrase
little
tongue,
if
you
are
voting
to
approve
it,
that
condition
will
carry
over
it's
in
the
same
as
in
the
resolution
by
the
planning
commission
today,.
A
Okay
and
then
thank
you
for
that
clarification
and
then
as
a
more.
This
is
a
question
coming
from
me
as
a
new
commissioner.
If
we
vote
to
deny
the
project,
what
happens
is
basically
the
if
the
applicant
wanted
to
still
move
forward,
they
would
have
to
start
the
entire
process
over
from
the
beginning
or
how
does
that
work.
H
They
would
either
do
that
or
they
would
litigate
your
decision
with
a
rid
of
mandate
or
something
the
planning
condition
if
it
desires,
if
it
desires
to
do
something
other
than
what's
suggested
by
staff
needs
to
make
all
of
the
findings
or
say
that
they
cannot
make
the
findings.
That
begin
on
page
8
of
your
staff
report,
they
go
from
page
8
to
page
10.
A
Thank
you
for
that
clarification,
that's
it
for
me
for
now,.
B
Great
thank
you.
I'm
gonna
acknowledge
commissioner
olivario
at
this
time.
I
Thank
you
chair.
These
questions
are
for
professional
planning
staff.
This
project
meets
the
general
plan.
I
Now
next
question
for
staff:
this:
this
development
meets
the
requirements
of
the
specific
plan,
correct.
L
Not
a
specific
time,
but
it
does
meet
the
east
hill
development
area
policy.
It's
not
in
a
specific
time
per
se.
I
Great
just
tr,
maybe
for
public
works
traffic
level
d.
How
long
would
it
should
it
take
to
get
through
an
intersection
on
traffic
level
d?
I
keep
hearing
45
minutes
and
this
professional
staff
could
answer
that
question.
M
So,
with
a
level
of
service
of
the
significant
congestion
on
on
some
of
the
approaches,
there
is
congestion,
but
in
general,
vehicles
are
required
to
wait
more
than
one
cycle
during
during
the
short
peaks.
And
so
that's
why
it
is
a
level
service
id
that
we
do
anticipate
them
to
sit
there
in
more
than
one
cycle.
M
I
Okay,
professional
planning
staff
would
be
fair
to
say
the
general
plan.
2040
is
looking
at
shopping,
centers
with
tons
of
asphalt
parking
and
is
encouraging
the
redevelopment
in
more
intense
manner
than
was
than
they
currently
are.
L
I
And
on
parking,
do
we
approve
developments
based
on
anecdotal
stories
or
requirements
and
ratios,
and,
if
so,
why
so.
L
D
I
And
do
decisions
made
by
planning,
commission
and
city
council
should
they
be
like
I'll?
Stick
with
planning
commission
only
based
on
what
is
the
law
or
ordinance
today
versus
what
could
be
the
law
or
ordinance
in
the
future?.
L
Yes,
the
staff
has
to
find
conformance
to
existing
policies
that
are
currently
applicable
to
a
site.
Now.
I
Thank
you,
as
far
as
the
height
on
a
major
major
road
of
three
stories
does
this:
is
this
within
the
realm
of
reality?
What
the
city
has
planned
in
in
this
area
for
height.
I
G
L
I
Thanks
and
then
we
we,
the
city
of
san
jose
as
well
as
municipalities
across
the
countries,
are
struggling
with
shelter
in
place,
and
you
know
trying
to
be
safe
and
we
have
utilized
technology
such
as
these
web
meetings.
Is
there
any
legal
jurisdiction.
H
The
city
is
complying
with
state
laws
during
coped
in
the
way
in
the
manner
in
which
it's
conducting
these
hearings
and
meetings.
B
Thank
you,
commissioner.
Olivario
I'd
like
to
recognize
vice
chair
bonilla.
C
They're
all
great
questions.
Actually,
commissioner
oliveiro,
I
I
I
think
in
many
ways
I
do
feel
bad
for
the
applicant
in
the
sense
that
they
are
relying
on
laws
that
in
many
ways
feel
outdated
right
I
mean,
if
I
were
their
attorney.
I'd
respond
more
than
likely
the
same
way,
but
fundamentally,
I
think
if,
if
everything
we
do
is
purely
formulaic,
then
there's
no
reason
to
have
a
planning
commission
just
follow
the
formula
call
it
a
day.
C
The
fundamental
truth
is
we're
here,
and
one
of
the
reasons
that
we
fought
for
different
points
of
view
is
exactly
for
these
types
of
moments.
Unequivocally
again,
you
know,
am
I
a
study,
of
course
not,
but
it
cannot
be
argued
that
there
is
a
major
congestion
problem.
There
is
a
major
parking
problem
in
that
area.
There
is
a-
and
yes,
it's
antidotable
in
the
sense
that
you
know
I
am
not
an
official
study,
but
I've
lived
it
and
and
and
and
I've
seen
it
for
years
and
in
fact
I've
lived
it
today.
C
C
But
to
me
I
am
not
hearing
enough
on
a
problem
on
something
that
has
the
potential
to
become
a
bigger
problem,
long
standing
and
in
many
ways
I
think
the
applicants
caught
in
between
the
the
policies
that
were
in
the
policies
that
may
very
well
be
soon
enough,
but
I
think
for
me
I
can't
be
supportive
of
something
that's
not
taking
into
account
what
is
already
a
major
problem
in
that
community.
C
We
can
have
a
formula
for
anything
and
the
formula
can
you
know,
can
be
good
or
bad
depending
on
whatever
we
wanted
to
look
like,
but
nothing
takes.
Nothing
ever
replaces
the
actual
experiential
part
of
all
of
this,
and
to
me,
traffic
is
a
massive
problem.
There
parking
is
an
even
bigger
problem
there.
I
think
mr
fong
is
a
great
I
do.
I
can
see
why
he's
successful
and
he
brought
up
a
good
point.
You
know
why
would
a
major
company
do
their
research
and
want
to
be
a
a
tenant
at
tropicana?
C
C
This
plan
may
work
today,
but
if
we
want
this
proposal,
if
this
building
wants
to
succeed,
what
is
its
15
to
20
year
plan
for
that
parking
growth?
It's
not
there.
I
don't
see
it
so.
For
me,
I
think
the
position
is
quite
clear
that
in
many
ways
I
would
like
to
see
this
project,
but
I
can't
see
I
can't
see
it
coming
out
at
the
expense
of
an
already
exasperated
problem
when
it
comes
to
parking
and
traffic
in
in
this
particular
section
of
san
jose.
B
I'm
not
seeing
any
other
questions
from
the
commissioners.
I
have
a
few
questions
for
staff
myself.
If
any
of
the
commissioners
would
like
to
ask
additional
questions,
I'll
recognize
them
after
I
ask
my
questions.
My
first
question
for
staff
is:
can
you
plan
for?
Can
you
list
the
conditions
that
are
required
in
the
current
resolution?
B
L
So
conditions
can
take
a
lot
of
different
means
and
ways
right,
so
some
conditions
can
be
triggers
for
other
actions.
So,
for
example,
there
might
be
conditions
that,
prior
to
getting
your
public
works
clearance,
you
have
to
pay
your
impact
fees.
Do
certain
types
of
plans
ensure
you
have
certain
tie-up,
so
the
two
ones
that
are
talking
about
easement
is
really
for
kind
of
the
dispute.
That's
happening
among
the
private
properties.
L
We're
aware
that
we're
not
going
to
adjudicate
them
just
that
the
applicant
has
agreed
to
a
condition
that
if
they
cannot
adjudicate
that
those
easements
private
among
that
that
the
city
is
not
going
to
issue
them
a
building
permit,
they
have
agreed
to
this
condition
in
terms
of
doing
that.
So
a
lot
of
the
other
conditions
are
just
things
that
say
you
will
have
to
do
or
we
won't
issue
certain
things
or
if
you
do
violate
these
conditions,
we
have
the
ability
to
go
through
a
process
and
revoke
your
permit.
B
Okay,
my
second,
and
so
it's
specifically
related
to
the
easement.
The
property
owners
who
are
in
dispute
at
the
moment
would
be
required
to
come
to
some
sort
of
resolution
prior
to
a
building
permit
being
issued
for
to
actually
break
ground
on
this
property.
L
Correct
where
I
can
clarify
what
there
was
a
lot
of
the
schedule
with
vera,
but
it
isn't
necessarily
it
is
they
don't
necessarily
have
to
come
to
an
agreement
if
a
court
or
a
quit
claim
or
some
other
ways
have
declared
a
certain
position.
That's
why
I
wanted
to
say
they
don't
it's
not
always
like
when
you
go
to
court?
I
agree
with
you
and
this
is
whatever
it's
mechanism.
H
They
can
either
voluntarily
agree
and
sign
extinguish
the
easement
of
people
that
have
claims
against
mr
fong,
the
other.
There
are
three
alternatives
there
and
I'm
sorry,
though,
two
of
them
kind
of
are
covered
by
that
the
other
one
is
they
go
to
court
and
have
a
quiet
title
action,
get
a
quiet,
quiet
title
against.
H
Mr
thong
would
have
to
quiet
title
against
the
other
owners
who
are
claiming
that
they
have
an
event
for
parking
on
the
property
and
that
a
court
would
adjudicate
and
we
have
included
those
conditions
before
the
city,
as
I
said,
does
not
get
into
these
private
property
disputes.
But
what
we
do
is
we
require
proof
that
they
have
clear
title
to
the
property
before
they
get
their
building
permit.
Currently
we
don't
feel
that
we
have
that
proof.
I
have
inches
and
inches
of
deeds
and
interpretations
from
both
sides
of
this
argument,
and
I
am
not.
H
I
do
not
have
the
jurisdiction-
and
I
do
not
want
to,
on
behalf
of
the
city,
recommend
that
the
city
take
any
action
to
determine
the
validity
of
any
easement
or
the
invalidity
of
easements
claim.
That
needs
to
happen
with
the
court
or
with
the
consent
of
all
the
parties.
B
Okay,
so,
and
then
I
see
sam
y
has
this
hand
up.
Is
that
to
answer
a
question
from.
I
Good
evening,
commissioners,
this
is
sam
with
the
department
of
public
works.
I
just
want
to
clarify
a
few
items
regarding
the
the
traffic
and
the
evergreen
east
hill
development
policy
did
did
a
traffic
study
as
part
of
that
policy
and
it
accounted
for
up
to
seventy
five
thousand
office,
saving
that
five
thousand
square
foot
of
office
space,
as
well
as
half
a
million
square
feet
of
of
retail
space,
and
out
of
that,
seventy
five
thousand
square
feet
of
office.
I
Space,
25,
000
square
feet
of
office
space
is
allocated
towards
this
corridor
between
a
long
story,
south
of
story
between
101
and
capitol
expressway
and
344
000
square
feet
of
of
thousand
thousand
square
feet
of
retail
was
allocated
along
this
corridor
again.
I
So
so
there
was
a
there
were,
so
the
traffic
was
accounted
for
as
part
of
that
that
evergreen,
east
hills,
development
policy
and,
and
so
as
as
so,
the
policy
also
indicated
that
that
impact
will
not
require
mitigation
under
three
conditions
and
and
one
one
of
which
is
that
the
intersection
will
continue
to
operate
at
level
service
d
or
better.
I
So
the
intersection
of
the
astorian
king
is
currently
operating
at
a
level
service
of
d,
and
our
traffic
team
did
additional
analysis
using
2018
counts
and,
and
using
peak
hour
counts
and
with
the
project
and
and
surrounding
approved
developments.
The
intersection
will
continue
to
operate
at
a
level
service
d.
The
second,
the
second
condition
is
the
improvements
create
undesirable
conflicts
with
other
modes
of
travel.
In
this
case,
the
project
is
actually
widening.
I
The
sidewalk
they're
constructing
bus
bus
stop
improvements,
and
the
third
condition
is
that
the
development
causing
impact
is
within
the
scope
of
the
development
pool
which
it
is
so
it
is
it
is.
It
is
part
of
that
allocation
of
the
25
000
square
feet
of
office
space,
as
well
as
the
344
thousand
square
feet
of
of
retail.
I
So
again,
the
the
so
again
there's
the
city
did
additional
traffic
studies
on
top
of
what
the
evergreen
east
hills.
Development
policy
did.
So
we
have.
We
have
not
just
an
anecdotal
data
in
terms
of
in
terms
of
how
that
intersection
will
function,
but
actual
traffic
analysis
of
that
historian,
king
intersection.
B
Well,
thank
you
sam
because
you
answered
my
next
question,
so
I
don't
have
to
ask
that
one.
My
I
have
two
more
questions.
The
first
one
is
what
is
the
height
of
the
existing
buildings
in
the
in
the
shopping
center,
and
I
heard
concern
about
the
fact
that
there's
a
three-story
building
being
that's
being
considered.
What's
the
height
of
the
other
buildings.
L
I
apologize,
I
do
not
have
the
exact
height
of
those
buildings
that
are
nearby
in
general.
A
lot
of
them
are
what
are
one
story
with
a
little
bit
of
a
higher
parapet,
so
in
general
one
story
can
go
anywhere
from
you
know:
minimum
15
feet,
but
these
do
have
architectural
elements,
so
they
can
go.
I've
seen
something
I
think
I
measured
they're
like
25
to
35
feet.
C
Okay,
thank
you
through
the
chair
through
the
chair,
I'm
so
sorry,
john.
Is
there
any
way
to
actually
answer
that
question
for
the
chair?
I
mean
it's
kind
of
an
important
fact.
There's
a
reason.
She's
asking
I
mean
now
would
be
a
time
to
kind
of
get
that
information
so
that
she
can
actually
make
the
comparison.
In
her
personal
analysis,.
L
I
will
try
to
do
that.
While
you
ask
your
next
question,
if
I
can,
it
does
involve
that
I
would
have
to
go
digging
through
some
of
those
if
mr
fong
or
actually
they
do
have
the
other
chat.
Steve
yang
did
design
the
other
buildings
that
are.
There
would
probably
have
a
much
better
idea
of
that.
I
do
apologize
in
terms
of
the
height.
They
did
vary
quite
a
bit,
so
it
was
kind
of
hard
to
say
this
was
the
height
or
not
because
they
were
quite
a
different
article.
B
Well,
there's
a
few
other
commissioners
who
want
to
speak
so
I'll.
Let
you
get
that
answer
while
we
address
my
final
question
is
several
the
appellant
and
several
folks
requested
that
we
delay
this
hearing
in
the
staff
report.
There
were
some
com.
There
was
some
conversation
about
why
the
timing
concerns
and
why
this
was
the
last
date
that
this
item
could
come
before
the
commission.
Can
you
please
describe
that
situation
and
why
this
item
should
or
could
not
be
delayed
and
vera
feel
free
to
jump
in?
B
H
I'll
answer
it,
since
staff
is
not.
I
wasn't
aware
that
this
was
the
last
date
that
this
could
happen.
However,
you
have
opened
the
public
hearing
if
you
desire
to
continue
it
for
deliberation,
for
example,
or
additional
information
from
staff
you
may
do
so.
If
you
have
a
motion
to
continue
it,
it
would
have
to
be
continued
to
a
date
certain,
and
I
suggest
that
that
be
as
soon
as
possible,
giving
giving
staff
the
time
to
do
whatever
it
is
that
the
commission
as
a
whole
is
asking
them
to
do.
H
A
L
So
in
general,
when
there's
an
airport
nearby
and
they
do
have
a
chance
to
provide
their
feedback,
they
generally
want
to
say
that
you're
going
to
grant
me
an
aba
issue
that
you
would
never
build
a
building
and
depending
on
kind
of
the
space
they
need.
They
can
say
above
300
feet
from
this
site
and
they
may
not
be
an
issue
for
them
and
just
because
we
would
never
allow
height
that
tall
in
that
area.
L
But
it
is
still
a
quest
that
a
lot
of
airports
will
ask
as
we
go
through
entitlements
of
projects.
This
happens
a
lot
more
in
downtown,
but
we
do
have
to
consider
that
reid
airport
is
nearby
on
here
there
and
they
are
requesting
that
they
would
need
a
recreation
of
an
ease
potentially
depending
on
the
flight
paths
and
other
issues
that
they
are
concerned
with.
At
that
airport.
H
If
I
can
add
to
that,
the
faa
sets
the
limits
by
by
which
the
height
that
you
can
build,
and
so
this
the
navigation
easements,
tend
to
be
noticed
to
a
property
owner
that
you
can
only
build
toward
a
certain
height.
They
often
I
haven't
seen
the
one
for
this,
but
they
often,
for
example,
also
have
a
disclaimer
that
you
will
have
airport
noise,
for
example,
and
that
type
of
thing
so,
but
those
are
typically
requested
by
owners
of
airports
on
property
and
required.
A
And
so
when
this
permit
was
originally
approved,
a
decision
was
made
to
include
the
resolution
of
that
easement
issue.
As
a
condition
is
that
correct.
L
A
Thank
you
and
then
more
newbie
questions.
So
I
want
to
better
understand
how
about
better
understand
appeals,
I
suppose
so
my
understanding
is
after
the
permit
was
originally
approved.
Three
separate
appeals
were
filed
and
then
only
one
of
them
was
raised,
issues
that
were
timely
and
that's
why
we're
having
this
hearing
tonight.
L
H
The
planning
commission's
decision
could
be
challenged,
but
someone
did
not
agree
with
it.
The
planning
commission
is
the
final
decision
maker
on
this
permit
for
the
city.
B
Okay,
I
commissioner
olivario
put
his
hand
down
I'm
not
seeing
any
other
hands
from
our
commissioners
for
additional
questions
from
staff.
So
at
this
point
I
would
ask
for
a
motion
from
commissioners.
C
Yes,
I'd
like
to
motion
that
we
not
accept
staff's
recommendation.
Q
D
H
Yeah,
technically,
because
this
is
a
new
hearing,
it
would
be
to
deny
the
permit.
You
have
to
hear
everything
brand
new.
It
would
be
to
deny
the
permit
and
what
I
will
ask
the
commission.
If
that's
something
that
you
are
interested
in
is,
I
would
ask
you
to
go
through
the
findings
on
page
8
through
10,
and
give
reasons
for
your
denial.
B
So
at
this
time
I
would
ask
for
the
findings
as
vera,
and
then
we
can
also
as
we're
doing
that
with
the
seconder.
I
Yeah,
I
will
I
before
I
was
asking
questions
now
I'll,
make
my
comments
regarding
the
application
so
number
one.
This
meets
the
general
plan
number
two.
This
meets
the
other
neighborhood
plan
that
was
in
been
in
place
for
a
long
time.
I
This
is
a
commercial
use
on
commercial
property
all
over
the
city,
upwards
of
maybe
40
to
50
surface
parking,
lot
shopping,
centers
that
we're
used
to
with
this
trying
to
traditional
retail
or
all
across
the
city,
and
all
of
them
everywhere
are
going
to
be
looking
to
change,
uses
and
intensify
in
every
single
council
district
in
every
single
neighborhood.
So
this
discussion
tonight
call
it
a
case.
I
Study
call
what
you
will
it'll
be
happening
throughout
the
going
forward
for
this
planning
commission
and
guess
what
most
people,
fearful
of
infill
development,
fearful
of
intense
development,
fearful
of
all
those
things
that
we're
familiar
with
with
that
said,
you
know
this
is
kind
of
this
notion
on
traffic,
as
we
know,
vehicle
miles,
traveled
is
the
new
methodology
that
will
be
utilized,
and
that
is
the
reality
that
traffic
reports
or
any
consideration
of
traffic
by
the
california
state
legislature
is
is
nearly
all
gone.
I
You
know
one
of
the
results
of
san
jose
not
building
on
agricultural
land
and
on
hillsides,
is
that
there's
higher
infill
development
within
the
city
and
this
project
is
nothing
extra
extraordinary
in
height
it's
a
major
road.
This
isn't
shadowing
someone's
house,
I
mean
I
pointed
to
this.
A
few
weeks
ago
we
approved
seven
stories.
I
In
a
residential
single
family,
home
neighborhood,
this
isn't
there.
This
is
a
major
major
street
and
you
can
see
this
change
over
time.
If
you're
going
to
a
commercial
shopping
center,
they
call
it
a
pad
and
they
will
install
a
new
building
because
there's
just
excess
parking,
and
so
that
was
a
factor
there.
I
like
the
architecture
personally,
and
I
think
this
is
creating
a
greater
sense
of
place
that
have
been
happening
to
this
area
for
the
22
years.
I
think
it's
it'll
be
an
architectural
improvement.
I
You
know
we
don't
approve
or
deny
applications
based
on
where
the
person
may
live.
I
think
that
professional
planning
staff
on
the
onset
described
it
met
all
the
requirements
and
I
think
I
can't
find
the
findings
to
deny,
and
I
think
that
would
be
perilous
for
us
to
make
that
to
approve
the
current
motion.
I
We
are
not
supposed
to
have
council
offices
intervening
intervening
in
the
decision,
so
I'm
uncomfortable,
if
any
mention
from
a
council
office
having
an
opinion
on
the
item
before
the
commission,
because
we
are
independent.
I
just
want
to
state
that
for
the
record,
so
I
I
would
like
to
make
an
alternative
motion,
a
substitute
motion
and
simply
to
approve
the
permit,
as
professional
planning
staff
has
recommended
to
this.
B
Commission
we've,
so
I'm
gonna
hold
that
for
a
second
until
we
take
a
vote
on
this
item.
So
if
we
is
there
any
other,
yes.
F
B
Okay,
so
we
have
a
second
to
the
motion,
so
I
think
at
this
point
we
need
to
who.
B
So
we
have
a
first
motion
which
is
to
deny
commissioner,
or
vice
chair,
bonilla
or
commissioner
garcia.
Do
you?
Would
you
like
to
speak
to
your
current
motion
and
include
any
findings
for
denial.
C
I'm
sorry
the
chair,
the
traffic
here
in
the
year,
the
finding
for
me
would
be
traffic
access,
pedestrian
access
and
parking
are
not
adequate.
C
I
mean
and
fundamentally
for
me
it's
this,
I
mean
if
anyone's
okay
with
having
this
type
of
congestion
in
their
neighborhood,
that's
already
congested,
then
that's
fine,
but
the
reality
is
you
know
we
can.
We
can
talk
about
policies,
we
can
talk
about
guidelines,
but
there
is
a
human
aspect
to
this,
which
is
why
we
exist
as
a
body
if
this
is
only
about
formula
and
punch
cards,
basically,
there's
no
planning
commission.
Why
are
we
here,
but
we
are
here
and
we're
here
to
bring
in
that
additional
point
of
view.
C
Now
I
do
agree
with
commissioner
oliveiro.
I
think
I
want
to
make
clear.
We
are
an
independent
body
and
I
wasn't
comfortable
with
that
either.
But
that
aside,
this
is
where
the
human
experience
comes
into
play.
This
is
why
there
was
a
fight
to
have
diverse
geographic
points
of
view,
because
there's
going
to
be
moments
such
as
this
one,
where
some
of
us
are
just
a
lot
more
intimately
involved
and
a
lot
more
intimately
tied
in
not
only
to
the
decision
but
to
the
repercussions.
So
with
that,
I
agree
I
like
the
building.
C
I
I
like
the
project,
but
but
it's
not
addressing
a
major
issue
that
is
going
to
cause
big
problems
and
let's
have
a
bigger
conversation.
I
think
you
council,
member
of
your
there,
you
go
commissioner
oliveira
there
you
go,
I
mean
you
were
there
at
city
council.
I
mean
to
get
the
type
of
support
that
we
would
need
to
even
mitigate
this
on
the
city
side,
it's
going
to
take
a
long
time,
if
ever
so,
I
think
for
us
it's
a
lot
of.
C
P
So,
thank
you
so
so
my
position
is
is
similar
to
to
to
vice
chair
bonios,
because
you
know
I
used
to
work
at
the
chase
location
right
there
across
the
way
in
the
pueblos
center.
That's
now,
whatever
it
is
and
and
the
that
area
I
also
had
frequented
that
other
center
throughout
quite
often.
Currently,
I
don't
find
that
there's
a
shortage
of
parking.
P
I
find
that
there's
a
challenge
to
get
out
of
the
parking
lot
so
really
to
place
the
the
new
improvement
where
there's
currently
an
exit
is
just
exacerbating
the
problem
right
and-
and
I
just
simply
don't
it
might
work
on
paper,
but
it
doesn't
work
in
reality
and
and
and
and
the
reality
is
that
I
don't
see
collaboration
here
I
mean
it
seems
like
there's
an
imposition
of
will
regarding
the
ccnr's
and
the
easement
and
for
us
to
say
that's
not
for
us
to
resolve
it's
not,
but
but
by
approving
this
and
then
allowing
them
to
figure
it
out
on
their
own
later,
we're
changing
the
balance
of
power.
P
In
that
situation.
We
shouldn't
even
consider
this
until
that's
resolved,
in
my
opinion,
right,
so
we're
involving
ourselves
in
in
their
fight.
It
really
is
what
we're
doing
the
way
I
see
it,
so
I
I
just,
I
just
think
there's
more
work
to
be
done
on
this.
B
A
Have
a
another
process
question,
so
my
understanding
is
that
if
the
commission
wants
to
disagree
with
the
staff
recommendation,
we
have
to
provide
alternate
findings,
and
is
there
my
understand
or
what
I'm
trying
to
ask?
Is
there
any
minimum
standard
or
form
that
those
findings
have
to
take?
I
I
don't
know
if
staff
is
allowed
to
answer
this
question,
but
I'm
trying
to
get
a
sense
of
whether
the
vice
chair's
findings
are.
H
Excuse
me,
staff
would
have
to
rework
the
resolution
to
include
what
it's
heard
tonight
from
you,
and
what
it
would
have
to
include
is
what
is
caused
by
this
project
that
does
not
meet
the
rules
in
the
criteria
that
you
have
for
the
site.
Development
permit
issuer
not
are
there
problems
in
the
community?
Not.
Is
there
an
issue
with
something
across
the
street?
H
H
B
Okay,
I
have.
B
B
L
The
permit
has
a
four
year
condition
on
it.
Usually
it's
normally
two,
but
given
the
current
covet
situation,
understanding
the
market
there's
been
direction
to
extend
the
the
permit
to
up
to
four,
as
well
as
two
potential
one-year
extension.
B
L
B
Course
so
my
comments
are
this.
I
am
struggling
with
this
item
a
because
I,
like
commissioner
olivario
I'm
struggling
to
find
the
evidence
that
shows
that
we
should
deny
the
permit.
I
grew
up
not
far
from
here
off
of
story
in
white.
I
drive
through
this
neighborhood
regularly.
I
was
just
at
the
target
last
week.
B
Parking
and
traffic
are
continued
issues.
However,
I
also
am
a
proponent
of
infill
development
and,
while
so,
I
guess
my
general
concern
is
a
policy
issue
which
needs
to
be
resolved
at
the
council
level,
which
is
that
it
seems
that
this
policy
is
outdated
for
this
neighborhood
and
that
this
area
should
not
include
should
not
potentially
not
be
included
in
the
evergreen
east
hills,
because
it's
so
far
away
from
evergreen,
ink's
hills
and
the
actual
sort
of
area
that
that
plan
is
meant
to
include.
B
So
I
personally,
while
I
completely
also
agree
with
mr
bonilla,
that
the
quality
of
life
and
the
traffic
issues
are
very
very
real
issues,
and
I
want
to
thank
all
of
the
folks
who
came
out
to
speak
and
the
many
many
letters
and
emails
and
petitions
and
the
community
meetings
like
we
hear
you.
B
We
understand,
and
we
are
also
constrained
by
the
rules
in
which
under
under
which
we
operate,
and
so
I
am
concerned
that
this
applicant
doesn't
really
seem
to
be
very
collaborative
that
there
have
been
issues
at
this
site
over
and
over
again
over
the
years
that
I've
heard
about
through
out
my
career,
and
I
work
in
this
neighborhood
regularly
in
in
kona
tully
talking
area.
So
I'm
very
very
familiar.
But
unfortunately
I
personally
don't
feel
like.
I
have
enough
evidence
to
to
make
a
decision
to
deny.
B
So
as
much
as
I
would
love
to
support
this
motion.
I'm
not
going
to
be
able
to
at
this
time
unless
there's
additional
evidence
that
that
we
can,
we
can
cite
for
the
denials.
So
I'm
going
to
call
the
question
because
it
is
9
pm
and.
H
Commissioner
caballero,
as
always
commissioner
olivario
puts
me
through
my
cases
in
terms
of
taking
a
look
at
rules
of
order.
As
far
as
this
time
substitute
motion
and
what
happens
with
a
substitute
motion,
let
me
get
my
cat
out
of
the
way
substitute.
I
H
Yeah,
that's
one
of
them.
Yeah
anyway.
Is
that
excuse
me
if
you
have
a
substitute
motion,
that
motion
is
actually
heard.
First,
okay
and
there's
discussion
on
that
motion.
First,
if
it
fails,
then
you
go
to
the
first
motion
and
you
discuss
that
motion
and
vote
on
that
as
well.
B
Okay,
so
at
this
time,
then,
since
we
took
that
out
of
order,
I
will
ask
so
commissioner
olivario
has
already
made
some
comments
related
to
his
motion.
I'll
ask
the
motion
maker.
If
you
would
like
to
make
any
additional
comments
and
then
recognize
the
seconder
to
ask
if
she
would
like
to
make
any
additional
comments.
I
Thank
you,
chair
to
the
findings
of
for
denial
of
parking
traffic
and
pedestrian
again,
I'm
having
a
difficult
time
getting
there
with
overage
of
parking
based
on
the
city
standards
and
ratios
with
improvements
to
the
sidewalk
by
making
the
sidewalk
wider
and
installing
a
new
bus
station
as
well.
As
you
know,
the
the
city
you
know
via
vehicle
miles,
traveled
versus
traffic
reports
at
bascom
in
san
carlos.
I
There
was
a
redevelopment
of
a
shopping
center
there
at
the
corner
that
new
development,
if
you
drive
by
there,
will
be
a
new
building
that
blocks
all
the
other
tenants
and
that
came
to
the
city
council
and
nearly
every
tenant
was
opposed
to
the
development
because
they
felt
they
would
be
blocked,
but
because
the
city
and
it's
in
general
and
planning
staff
want
development
on
the
sidewalk
not
far
back.
That's
what
we
approved.
That's
open
today
that
shopping
center
pre-covered
full,
but
we
faced
these
challenges
before
and
we've
gone
through
there.
I
So
I
appreciate
everyone's
patience,
and
so
that's
I'm
sticking
with.
I
encourage
you
to
support
the
substitute
motion
and
approve
this
and
support
professional
playing
staff.
Thank
you.
B
F
Thank
you.
I
have
felt
like
we've
been
in
a
tug
of
war
all
night
and
I've
been
in
both
on
both
sides.
This
is
a
really
difficult
decision,
because
my
heart
is
with
the
people
who
are
experiencing
the
traffic
congestion,
the
parking
problems,
and
I
am
so
impressed
with
this
neighborhoods
coming
together
and
all
the
time
they
have
spent
in
appealing
this
because
they
want
the
best
for
their
neighborhood.
F
So
I
have
to
say
that
I
am
I
seconded
this
approving
the
permit
because
I
feel
like
if
it's
not
a
good
project.
It's
not
going
to
go
through
because
of
the
easement
issue
and
it
will
get
stopped
there.
But
I
feel
like
it's
our
job
as
a
planning
commission,
to
check
the
boxes,
to
rely
on
the
expertise
of
the
planning
staff
that
that
everything
is
in
place
and
proper,
and
so
I
feel
also
the
need
to
support.
F
But
my
heart
is
with
the
community,
but
I
do
feel
that
this
will,
in
the
long
run,
be
in
the
interest
of
the
community,
because
it's
an
investment
in
the
community.
It's
something
positive,
it's
bringing
you
know
more
commerce
there,
and
so
so
I'm
planning
to
go
and
support
this
shopping
center
now
and
in
the
future
and
any
other
projects
that
you
need
help
with.
So
that
is
why
I'm
seconding
this
motion.
B
B
So
I'm
gonna,
I'm
going
to
call
the
question
and
ask
for
a
roll
call
vote
on
the
staff
recommendation
to
consider
the
mitigated
negative
declaration
for
the
tropicana
shopping
center
commercial
development
project
in
accordance
with
sequa,
and
adopt
a
resolution
denying
the
appeal
and
upholding
the
director's
approval
of
the
site
development
permit,
including
findings
and
conditions
to
allow
the
construction
of
a
new,
approximately
31,
000
square
foot,
three-story,
retail
and
office
building
within
an
existing
shopping
center
on
an
approximately
3.39
gross
acre
site,
which
is
what
the
staff
recommendation
says.
B
So,
if
we
could
do
a
roll
call
vote
at
this
time,
count
vice
chair,
bonilla,.
C
B
Vice
chair,
commissioner
casey
sorry.
M
B
Yes,
commissioner,
garcia.
P
B
I
I'm
sorry
I
couldn't.
I
didn't
hear
commissioner
olivario,
but
I'm
assuming
that's
a
yes.
B
And
that
motion
passes
so
at
this
time
we
do
my
understanding
vera,
then
from
what
you
said
is
that
we
do
not
take
the
second,
the
original
motion
under
consideration,
since
the
substitute
motion
passed
right.
Okay,
so
with
that,
thank
you
so
much
to
everyone
who
again
spoke.
We
will
move
on
to
our
next
item,
which
is
item
number
six,
girls
from
city
council
boards
commissions
or
other
agencies,
and
we
have
no
items
on
that
agenda
item.
B
P
Yes,
we
do.
Three
items
went
from
this
commission
to
the
city
council
and
they
were
all
approved.
They
are
pdc17035,
which
is
planned
development
rezoning
for
property
located
at
7201,
back
lane,
pp20
temporary
extension
of
certain
land
use
permits
and
certainty,
removal
permits
and
pdc022
etc,
which
is
a
planned
development,
rezoning,
tentative
map
and
a
planned
development
permit
for
property
located
at
4349
san
felipe
road
they
all
passed
were
approved.
B
Thank
you
number
7b
is
review
and
approve
action
minutes
from
the
july
22nd
2020
a
planning
commission
meeting.
Do
we
have
a
motion
to
approve
those
minutes
or
do
we
have
any
changes?
Sorry,
first,
do
we
have
any
changes
to
the
minutes.
B
Seeing
no
hands
do
we
have
any
do
we
have
a
motion
to
approve.
B
Motion
made
by
commissioner
torrance-
and
I
believe
second
by
commissioner
olivario-
was
that
accurate,
okay,
great.
Thank
you,
commissioner.
Olivario.
Do
we
have
any
discussion
on
this
item?
A
A
P
B
Commissioner
alerted
noah
aye,
commissioner
olivario
aye,
commissioner
torrance
aye,
commissioner
caballero
is
also-
and
I
we'll
wait
for
that
vote
to
be.
I
don't
know
if
this
one
also
requires
us
to
show
it,
but
that
my
account
is
that
all
the
commissioners
voted
I
and
that
was
an
approval
item
number
c
subcommittee
foundation
formation
reports,
an
outstanding
business.
B
Do
we
have
any
items?
No.
Thank
you.
Robert
no
items
on
this
so
item
number
7d
is
commission
calendar
and
study
sessions.
There
is
a
request
for
a
2020
planning
commission
retreat
to
be
held
in
september
or
october
and
to
discuss
topics
to
be
covered
during
the
retreat.
P
So
every
year
in
the
fall
there
is
a
planet
commission
retreat.
So
we
agenda
is
this
so
that
commissioners
can
discuss
the
topics
that
they
are
interested
in,
so
that
we
can
follow
up
to
make
sure
that
that
happens.
B
M
B
Can
people
hear
me?
Yes,
okay,
sorry,
okay,
so
I'm
not
hearing
any
folks
providing
topics.
I
would
actually
request
that
we
bring
this
item
back
to
the
next
commission
meeting
and
then
we
can
maybe
give
the
commissioners
a
little
bit
more
time
to
think
about
what
they'd
like
to
hear
about
at
the
retreat.
If
that's
all
right.
H
Yeah,
the
other
thing
is
that
the
commissioners
can
certainly
send
their
requests
to
robert,
for
example,
or
if
there's
someone
else
you
want
to
designate
they
can
bring
them
back
at
the
next
meeting.
You
can
prioritize
that
they
have.
H
You
know
several,
for
example,
sure
I
also
wanted
to
mention
that,
because
of
kobit
you're
missing
a
planning
retreat
tradition,
which
was
that
we
would
have
a
topic
and
planning
would
actually
take
us
on
site
visits
to
show
us
what
was
right
and
what
went
wrong
and
we're
missing
that,
because
of
coven,
so
hopefully,
next
year,
we'll
be
able
to
do
that
with
you.
That's
right,
yeah.
B
Last
year
we
did,
we
visited
two
affordable
housing,
shelter,
communities.
It
was
really
great,
so
I
really
enjoyed
that.
It
was
my
first.
It
was
my
first
meeting
so
okay,
so
will
robert
you'll?
Let
us
know
which
staff
member.
B
Okay,
wonderful!
So,
commissioners,
if
you
have
topic
suggestions,
please
send
them
to
robert
and
and
cc
jennifer,
and
we
will
bring
this
item
back
up
next
month
to
prioritize
those
items.
Do
we
have
any
items
for
the
public
record
not
seeing
any?
B
I
don't
know,
okay,
so
with
that,
I
think
our
meeting
is
over.
Thank
you,
everyone
for
your
time,
and
I
look
forward
to
seeing
you
all
at
our
next
meeting.