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From YouTube: DEC 7, 2022 | Planning Commission
Description
City of San José, California
Planning Commission meeting, December 7, 2022.
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=1060407&GUID=B22A572A-D98A-4CA4-A517-9250AECA8A7F
A
A
A
A
A
A
A
A
A
A
A
A
B
B
Commission
welcome
to
the
Planning
Commission
meeting
and
hope
everyone
had
an
enjoyable
and
fulfilling
Thanksgiving.
This
meeting's
held
being
is
being
held
via
web
due
to
covid
members
of
the
public
May
participate
by
the
following
instructions
listed
on
the
city's
agenda.
You
may
View
and
listen
to
the
meeting
live
on
cable,
TV,
the
city's
website
and
YouTube
following
roll
call.
During
summary
of
hearing
procedures,
we
will
review
how
the
public
May
provide
comment
during
today's
session.
B
Fantastic,
we
can
see
you
I
know
you're
having
a
little
issue.
If
you
speak
here:
okay,
okay,
commissioner
barossio.
B
Okay
and
you
have
a
terrible
connection
but
I'm
sure
it'll
be
fixed
over
time.
Commissioner
Cantrell.
C
B
Commissioner,
young
here,
commissioner
Rosario
sure
excellent.
We
have
Quorum.
This
is
the
summary
of
the
hearing
procedures
and
this
is
how
they
will
follow.
After
the
staff
report,
applicants
and
appellants
may
make
a
five-minute
presentation.
City
staff
will
call
your
name
call
up
the
names
of
the
public
who
identify
the
items
they
want
to
speak
on.
You
may
identify
yourself
by
using
the
raise
hand,
feature
or
if
you're,
on
the
phone
click
star
nine
and
you
can
also
email
planning,
support
staff
at
San.
B
Jose
ca.gov
identify
your
name
number
and
what
item
you'd
like
to
speak
on,
as
your
name
is
called
staff,
will
unmute
you
to
speak
after
we
confirm
your
audio
is
working.
Your
allotted
time
will
begin.
Each
speaker
will
have
up
to
two
minutes.
Speakers
using
a
translator
will
have
double
the
time
after
the
public
testimony
the
applicant
and
appellate
May
closing
remarks
for
an
additional
five
minutes
plan.
Commissioners
may
ask
questions
of
the
speakers
responds
to
the
commissioner.
Questions
will
not
reduce
the
speaker's
time
allowance
staff
will
unmute
the
speaker
to
respond
to
the
commissioner.
B
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
the
public.
Testimony
asked
to
have
questions
and
discuss
the
item.
If
you
challenge
these
land
use
decisions
in
court,
you
may
be
limited
to
raising
only
the
issues
you
or
someone
else
raised
at
this
public
hearing
or
in
written
correspondence
delivered
to
the
city
prior
to
the
public
hearing
the
planning
commission's
actions
on
rezonings
pre-zonings
General
plan
amendments
and
code
amendments
is
advisory
to
the
city
council.
B
The
city
council
will
hold
public
hearings
on
these
items.
Section
20.120.400.
The
municipal
code
provides
the
procedures
for
legal
protests
of
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,
the
municipal
code.
There
we
are
so
so,
and
then
this
is
our
call.
The
order
and
the
orders
of
the
day
and
before
we
begin
I,
would
remind
the
Planning
Commission
members
of
the
public
to
follow
our
code
of
conduct
in
the
meetings.
B
B
Repeated
failure
to
comply
with
the
code
of
conduct
will
which
will
disturb,
disrupt
or
impede
the
orderly
conduct
of
this
meaning
may
result
in
the
removal
from
the
meeting
this
meeting
of
the
Planning
Commission
will
now
come
to
order
and
item
number
two
is
public
comment,
and
this
is
at
a
time
for
any
member
of
the
public
to
speak
on
any
item
not
on
the
agenda
staff.
Do
we
have
any
people
interested
making
a
public
comment.
E
E
Is
you
don't
do
it
it's
kind
of
an
afterthought
and
actually,
with
these
affordable
housing
standards
that
it
has
to
be
done
every
eight
years,
the
neglect
of
the
Planning
Commission
to
not
have
a
legally
binding
definition
of
what
racial
Equity
means
within
the
context
of
this
meeting
is
a
subjugation
and
a
complete
apathetic
response
to
your
civic
duty
and
responsibility
to
the
role
that
you
hold.
E
You
need
to
start
getting
a
legally
binding
definition
of
what
racial
Equity
means
and
applying
that
measure
that
Principle
as
a
template
to
the
decisions
that
you're
making
you
see,
because
you,
this
commission
and
I'm,
not
saying
anyone
particular
I'm,
saying
just
as
as
a
as
a
as
a
means
by
which
these
communities
are
conducted.
That
is
not
a
standard.
Okay,
we're
gonna
get
there
because
I'll
get
you
there
believe
me.
I
will
get
you
there.
E
We
will
get
to
a
point
where
we
have
racial
Equity
as
a
legally
binding
definition
that
is
used
as
a
template
to
measure
the
decisions
that
you're
making
and
if
it
doesn't
measure
up,
then
you
go
back
to
the
drawing
board.
Okay,
because
the
developers
that
are
coming
here,
they
don't
care
about
the
city.
They
do
not
care
and
to
say
that,
oh
well,
the
council
just
makes
a
decision.
Well,
the
new
Council
makes
a
decision
then
you're
irrelevant.
E
Then
why?
Don't
you
just
quit
if
you're
relevant
just
quit,
then
and
dissolve
this
counsel,
but
you're
not
going
to
do
that?
Okay,
but
what
you're,
also
not
going
to
do
is
continue
to
abuse
these
populations
that
have
that
have
generationally
suffered
from
generational
deficits
of
wealth
and
generational
deficits
of
Social
and
economic
viability
in
the
communities
that
their
grandparents
and
that
their
parents
suffered
to
create.
Thank
you
thank.
B
You
Paul
any
other
speakers
staff.
B
You
very
much
we
have
no
deferrals,
so
we'll
pass
item
three.
We
are
now
on
to
the
consent
calendar,
which
includes
action
minutes
and
a
few
items
considered.
You
know,
consent
calendar
type
items
that
don't
receive
a
lot
of
debate
or
comment.
Are
there
any
hands
raised
on
the
consent
calendar
by
members
of
the
public.
B
Great
then,
back
to
the
commission,
if
someone
like
to
make
a
motion
to
approve
the
consent
calendar
or
have
a
particular
interest
in
an
item,
please
feel
free
to
share
that
now
motion
to
approve
so
motion.
Commissioner
Casey
is
there
a
second.
B
Commission,
a
second
from
our
commissioner
arnellis
wise,
yes,
excellent,
very
good.
Well,
then
I
think
we'll
move
on
to
a
roll
call
vote.
That's
all
right
with
everyone,
commissioner
lardinois.
Yes,
commissioner
alawalia!
Yes,
commissioner
barossio.
Yes,
commissioner
Cantrell.
Yes,
commissioner
Casey.
Yes,
commissioner
Garcia,
commissioner
arnellis
wise.
B
B
G
G
So
for
context,
this
is
existing
commercial
building,
430
Blossom
Hill
Road
South
of
Blossom
Hill
Road
East
of
Snow
Avenue.
This
is
in
the
this
is
surrounded
by
commercial
properties
to
the
west,
north
and
east,
and
adjacent
to
Residential
Properties
to
the
South.
G
This
property
is
in
the
the
neighborhood
commercial
neighborhood
community,
commercial
General
plan
designation
and
the
Blossom
Hill
Road,
slash
Snow
Avenue,
Urban
Village
and
the
commercial
pedestrian
zoning
District.
G
So
the
two
main
components
of
tonight's
entitlement
proposal
is
a
special
use
permit
to
reinstate
a
legal
non-conforming
use
and
a
determination
of
public
convenience
or
necessity
during
this
presentation
will
be
referred
to
as
the
PCM.
G
So
starting
with
a
special
use
permit
and
the
legal
non-conforming
use,
a
a
special
use
permit
is
required
because,
typically,
a
conditional
use
permit
is
required
to
allow
the
sale,
the
off
sale
of
alcohol
at
a
commercial
property.
But
in
this
case
the
off
sale
of
alcohol
has
been
operating
as
a
legal
non-conforming
use
since
1965
prior
to
the
requirement
of
a
conditional
use.
Permit.
A
special
use.
G
Permit
is
required
in
this
case,
because
the
previous
tenant
lucky
has
been
has
left
the
property
now
for
more
than
six
months,
but
the
current
tenant,
Smart
and
Final
wishes
to
continue
the
historic
use
of
the
grocery
store
with
ancillary
alcohol
sales.
So
staff
can
make
the
findings
for
legal
non-conforming
use
because
it's
been
less
than
18
months
in
the
pre,
since
the
previous
tenant
has
left
and
smart
and
final
is
continuing
that
same
use.
G
The
second
component
of
the
presentation
is
the
determination
of
public
convenience
or
necessity.
The
Department
of
Alcohol
Beverage
Control
must
design
application
unless
the
city
makes
these
PCN
findings
determining
whether
or
not
PCN
findings
is
required
is
based
on.
This
quote
quote
if
issuance
would
tend
to
create
a
law
enforcement
problem
or
if
the
issuance
would
result
in
or
add
to
an
undue
concentration
of
liquor
licenses
in
the
area,
so
the
San
Jose
police
department
memo,
that's
included
in
your
staff
report.
G
Yes,
there
are
four
findings
that
need
to
be
made
for
the
termination
of
public
convenience
or
necessity.
The
Planning
Commission
would
be
able
to
make
three
of
the
four
findings.
The
one
finding
that
the
Planning
Commission
would
not
be
able
to
make.
Is
that
the
the
subject
property
is
not
within
a
hundred
feet
of
a
residence,
and
if
you
look
at
this,
exhibit
here
prepared
by
the
applicant,
the
subject
site
is
within
150
feet
of
about
13
residences.
G
So
even
then,
even
though
the
Planning
Commission
cannot
make
that
finding
staff
finds
that
it
would
not
be,
it
would
not
cause
an
Enforcement
issue
as
it's
an
existing
condition.
It's
a
rear
to
rear
orientation,
and
there
is
a
fence
and
a
vehicle
path
separating
the
commercial
building
and
those
residences.
G
Because
the
Planning
Commission
cannot
make
all
the
required
findings.
The
city
council
May
issue
a
determination
of
PCN.
If
the
following
can
be
made,
one
makes
a
determination
that
no
of
not
all
of
the
required
findings
set
forth
in
the
previous
section
can
be
made
and
identifies
and
finds
that
a
significant
and
override
income
of
benefit
or
benefits
will
be
provided
by
the
proposed
use.
G
So
again,
the
one
finding
that
the
Planning
Commission
cannot
make
is
that
it
is
now
within
100
feet
of
a
single
of
the
residence
and,
secondly,
staff
finds
that
there
are
significant
and
overriding
public
benefits
in
that
smart
and
final
will
be
making
use
of
a
vacant
commercial
property.
It
will
be
providing
commercial
opportunity
in
an
Urban
Village
what
it
is
which
is
expected
to
densify.
It's
providing
also
commercial
opportunities
in
an
area
that
is
in
close
proximity
to
Transit
The
Blossom
Hill
and
Stone
Avenue
VTA
Light
Rail
station.
G
So,
given
that
staff
would
recommend
that
the
Planning
Commission
recommends
the
city
council
to
take
the
following
actions:
consider
a
categorical
exemption
in
accordance
with
SQL
guidelines,
section
15301
for
existing
facilities
and
recommend
that
the
city
council
adopt
a
resolution
subject
to
conditions
approving
a
special
use,
permit
and
determination
of
public
convenience,
or
necessity
to
reinstate
a
legal
non-conformant
use
for
osteob
alcohol.
It's
the
type
21
ABC
license
for
a
full
range
of
alcohol
beverages
at
an
existing
commercial
building
on
approximately
0.74
gross
Acre
Site.
That
concludes
staff
presentations
here
for
any
questions.
Thank.
H
B
H
Great
as
Jeffrey
Kim,
by
the
way
and
apologies
if
some
of
this
may
be
repetitive,
Jonathan
already
did
a
great
job
presenting
a
lot
of
information
but
yeah
good
evening
Commissioners.
My
name
is
Jeffrey
Kim
with
Art
Rodriguez,
Associates
and
I
will
be
representing
the
applicant
Smart
and
Final
in
this
application
for
a
special
use,
permit
and
determination
of
public
convenience
with
the
city
of
San
Jose.
H
In
this
slide,
I
would
like
to
provide
you
with
more
background
information
and
details
on
the
operational
elements
of
smart
and
final.
This
store
is
located
in
a
32
350
square
foot
space
within
the
downers
Square
shopping
center.
This
location
has
been
operating
as
a
full-service
grocery
store
with
the
sale
of
alcoholic
beverages
since
1965..
H
H
Alcohol
sales
will
remain
incidental
to
the
operation
of
smart
final
as
a
Neighborhood
Grocery
Store,
and
there
are
no
exterior
changes
being
composed.
As
part
of
this
request
here,
you
can
see
the
site
plan
of
the
subject:
Smart
and
Final.
As
you
can
see,
there
is
adequate
shared
parking
located
in
the
shopping
center,
totaling
304
parking
spaces,
vehicular,
Ingress
and
egress
points
are
located
along
Snow,
Avenue
and
Blossom
Hill
Road.
H
Here
you
can
see
the
floor
plan
for
the
subject.
Store
alcohol
storage
and
display
will
be
located
by
the
store's
main
exit
on
the
bottom
left-hand
side
of
the
floor
plan
highlighted
in
red.
The
alcohol
sales
area
will
take
up
about
460
square
feet,
which
accounts
for
roughly
1.83
up
to
25
165
square
feet
of
total
sales
floor
area.
H
Additionally,
we
have
prepared
a
handful
of
radius
maps
to
provide
you
more
context
on
the
surrounding
community.
Here
you
can
see
a
radius
map
of
the
13-150
foot
residents
surrounding
the
store,
in
conjunction
with
the
ABC
license,
and
application
ABC
directly
contacted
all
residents
within
100
feet.
H
Additionally,
an
ABC
notification
of
the
pending
license
application
was
mailed
to
all
62
residents
within
500
feet
of
the
store
which
is
inclusive
of
the
100
foot
and
150
foot
residents.
No
opposition
or
concerns
have
been
submitted
to
the
ABC
case.
File
here
is
a
500
foot
sensitive
use
radius
map.
As
you
can
see,
there
are
no
sensitive
uses,
as
defined
by
the
city
of
San
Jose
within
500
feet
of
the
store.
There
are
also
no
sensitive
uses
within
600
feet,
as
defined
by
the
department
of
Alcoholic
Beverage
Control.
H
This
radius
map
shows
the
establishments
located
within
one
thousand
feet
of
the
store
that
also
possess
a
valid
type.
21
off
sale
license
Square
Bottle
Shop
is
a
small
scale.
Liquor
store
located
within
the
same
shopping
center
and
was
licensed
in
1988,
meaning
that
this
shopping
center
has
shared
two
establishments
with
off-site
alcohol
licenses
for
over
30
years.
H
Finally,
this
radius
map
shows
the
location
of
all
establishments
within
the
census,
tract
that
also
possess
an
off-sale
alcohol
license,
while
the
census
tract
allows
for
only
three
off-sale
licenses.
There
are
currently
four
off
sale
licenses
existing.
However,
as
you
can
see
on
this
slide,
three
of
these
off
sale
licenses
are
located
over
one
mile
away
on
the
other
side
of
the
census
track.
None
of
these
other
licenses
are
in
conjunction
with
the
operation
of
a
full-service
grocery
store.
H
Smart
and
Final,
and
its
operators
understand
that
the
sale
of
a
full
full
line
of
alcoholic
beverages
is
a
privilege
granted
by
both
the
city
of
San,
Jose
and
state
of
California.
As
such,
they
will
ensure
that
they
improve
the
standards
of
a
full-service
grocery
store,
selling
alcoholic
beverages
as
compared
to
the
previous
tenants
of
the
space.
According
to
the
data
provided
by
San
Jose
PD,
this
storage
location
is
an
area
considered
high
crime
for
having
a
crime
index
of
over
20
percent.
H
Okay,
great,
this
training
will
equip
staff
with
necessary
skills
to
ensure
that
alcohol
is
only
sold
to
customers
over
the
age
of
21..
There
are
also
52
total
security
cameras
located
throughout
the
store,
which
is
inclusive
of
four
exterior
cameras
located
in
the
front
and
rear
all
security.
Camera
footage
will
be
retained
for
90
days
and
will
be
handed
over
to
sjpd
upon
request.
H
Additionally,
Smart
and
Final
will
be
utilizing
block,
metal
liquor
cabinets,
as
shown
in
the
example
on
this
slide
to
house
and
store
all
of
their
dist,
their
distilled
Spirits
for
sale
with
four
other
successful
story.
Locations
in
the
city
of
San,
Jose,
Smart
and
Final
has
maintained
a
strong
relationship
with
the
city
and
San
Jose
PD,
and
will
ensure
full
cooperation
with
law
enforcement
with
over
150
years
of
experience
in
the
industry.
H
Smart
and
Final
has
also
maintained
an
outstanding
record
with
ABC
and
finally,
in
regards
to
this
project
request,
Outreach
has
been
conducted
with
various
groups
within
the
city
of
San
Jose.
In
September,
we
entered
into
correspondence
with
officer
Hyun
in
the
with
the
with
sjpd
and
responded
to
their
memorandum
about
the
over
concentration
of
licenses
and
high
crime
statistics.
H
Our
case
planner
Jonathan
Fox,
was
also
able
to
reach
out
to
Brian
fort
kayamo,
with
Blossom
Valley
neighborhood
association
in
October,
2022.
Jonathan
was
able
to
was
able
to
provide
Mr
forteama
with
the
project.
Details
of
this
application
and
mailing
notification,
The
Blossom,
Valley
neighborhood
association,
has
expressed
no
concerns
with
this
project
and
application.
H
This
will
conclude
our
presentation.
We
hope
our
efforts
have
shown
you
that
smart
and
final
is
taking
all
of
the
necessary
precautions
and
steps
to
ensure
that
the
hailing
of
alcohol
is
done
in
a
safe
and
responsible
manner.
We
would
also
like
to
state
that
we
have
reviewed
and
are
in
agreement
with
the
staff
report
provided
by
San
Jose
planning,
Maria
and
Paula.
The
president
of
Art
Rodriguez,
Associates,
Raylene
Gamboa,
the
district
manager
at
Smart
and
Final
and
I
will
be
available
to
respond
to
any
questions
that
you
may
have.
Thank
you
thank.
B
You
very
much
very
thorough
review.
I,
don't
staff
I,
don't
see
any
hands
from
the
public
on
this
item?
Do
you.
D
C
H
At
this
moment
there
are
no
plans
for
security
guard
on
site.
We
believe
that
the
steps
that
smart
and
finals
taking
with
their
security
plan
should
be
enough.
C
I
would
highly
encourage
a
security
guard
for
the
patrons
just
because
I've
I
frequent
that
area
and
there
when
it
was
a
Luckys.
At
times
there
was
times
when
you
felt
a
little
unsafe
there,
so
I
I
would
highly
encourage
a
security
guard
there.
In
addition
to
the
measures
that
you're
putting
in
place
in
regards
to
security
to.
C
Those
are
the
only
ones
I
have
it's
just
really.
You
know
safety.
Those
are
really
the
concerns
that
I
have
okay.
I
I
Lucky's
moved
out,
they've
been
gone
for
six
months,
I,
don't
know
if
you've
been
by
the
center,
but
it's
blighted
having
smart
and
final
move
in
will
be
really
great,
because
it'll
put
some
put
some
faces
and
lighting
and
good
stuff
there
and
I
think
the
extensive
security
features
that
the
applicant
is
providing
is
going
to
prevent
any
illegal
sales
and,
regarding
the
you
know,
the
residences
within
100
feet
behind
the
shopping
center
that
that's
not
unusual
at
all.
I
I
have
a
Smart
and
Final
in
District
nine
at
Ross
and
Hillsdale,
which
I
frequent
a
lot,
and
there
are
residents
behind
that
also.
But
it's
a
you
know,
it's
a
large
High
commercial
fence
so
and
there's
been
no
resident
opposition.
I
All
that
being
said,
I
normally
get
I,
give
a
great
deal
of
deference
to
law
enforcement,
all
respect
to
them.
I
know
they
deal
with
a
lot
of
problems,
alcohol-related
problems,
but
I
just
think
in
this
case.
This
is
a
good
project
and
I
would
support
it.
Okay,.
B
Thank
you,
commissioner.
Young
back
to
commissioner
analis
wise.
G
Yes,
commissioner,
there
is
a
fence
there
and
that
access
is
already
restricted.
Okay,.
C
B
I
have
a
Smart
and
Final
in
my
neighborhood,
which
opened
up
about
four
years
ago
that
I
frequent
that
I
enjoy,
and
if
this
is,
you
know,
as
as
described
I,
think
a
grocery
store
will
always
add
Improvement
to
a
neighborhood
and
as
shown
by
the
applicant,
really
the
liquor
that's
provided
today
is
mostly
from,
in
my
opinion,
far
less
value-adding
places
such
as
liquor
stores,
rather
than
a
grocery
store
that
serves
fresh
food,
so
I'm
definitely
will
be
supporting
the
motion.
B
Okay,
I
guess:
we'll
do
a
roll
call
if
there's
no
other
hands
nope,
okay,
commissioner.
Yes,
commissioner
alawalia!
Yes,
commissioner
barrosio.
Yes,
commissioner
Cantrell.
Yes,
commissioner
Casey,
yes,
commissioner
Garcia
commissioner
or
Nellis
wise.
Yes,
commissioner
young.
Yes,
commissioner,
Rosario,
yes,
okay.
That
item
passes
now
we're
on
to
let's
see
here:
I
guess
we're
on
to
item
seven
General
plan,
consent,
calendar
and
specifically
item
a
gp22003
staff,
since
this
is
on
the
consent
calendar.
You
have
a
presentation
on
this
item.
B
Okay
and
then
is
there
any
questions
from
Commission
on
this
item
or
is
there
a
motion
on
the
item
for
just
the
consent
calendar
item
on
item
seven.
K
I'll
move
to
approve
the
staff
recommendation.
Thank.
B
B
Cantrell,
yes,
commissioner
Casey.
Yes,
commissioner,
ornellis
wise.
Yes,
commissioner
young,
yes,
commissioner,
Rosario
and
I
notice,
I
probably
keep
forgetting
to
call
myself
and
I'm
a
yes,
so
I
don't
know
if
I
didn't
do
that
on
the
other
items,
but
just
want
to
point
that
out
and
I
know
staff
do
we
need
that
consent,
calendar
vote
displayed
or
just
move
on.
B
J
Thank
you
Mr,
chair
good
evening
and
and
to
Mr,
chair
and
Commissioners.
My
name
is
sanhita
Ghoshal
supervising
planner
and
project
manager
for
file
number
gpt22-004,
which
is
a
city
initiated
General
plan
text,
amendment
to
add
a
new
policy
IP
3.11
to
Envision
San
Jose
2040
General
plan
requiring
privately
initiated
Journal
plan,
Amendment
applications
to
be
reviewed
concurrently
with
a
development
permit
application
and
Associated
minor
revisions
to
the
general
plan,
currently
privately
initiated
General
plan.
Amendment
requests
are
not
required
to
submit
a
development
permit
application
for
conquering
consideration.
J
There
are
some
challenges
associated
with
this
for
these
Standalone
General
plan
applications.
The
city's
current
approach
to
SQL
analysis
is
to
base
it
on
future,
reasonable
development
that
may
occur
on
the
site.
As
a
result
of
the
amendment,
the
city
is
unable
to
conduct
a
more
thorough
SQL
analysis
to
ensure
project
level.
Environmental
impact
and
mitigations
are
analyzed
and
considered
by
the
city
council
prior
to
making
their
decision.
J
As
far
as
the
review
of
the
general
plan
amendment
is
concerned,
when
the
Planning
Commission
and
the
city
council
consider
amendments
without
a
project,
they
do
not
have
the
clarity
on
the
specifics
of
the
future
development
that
may
occur
as
a
result
of
their
decision
issues
and
concerns
raised
by
the
community
members
staff
and
the
council
about
these.
Specifics,
such
as
design
features
or
proposed
uses
during
the
review
and
the
hearing
process,
cannot
be
resolved
or
conditioned
at
the
general
plan.
J
In
summary,
the
proposed
policy
change
will
make
the
general
plan
amendment
process
holistic
so
that
staff
decision
makers,
members
of
the
public
and
the
applicant
have
a
full
picture
of
the
development
details
and
would
allow
decision
makers
to
make
a
formal
decision
on
the
environmental
document.
General
plan
Amendment
and
the
development
permit
in
one
hearing
providing
certainty
for
the
applicant
community
and
the
City
staff
is
proposing
the
following
changes
to
the
general
plan
amendment
process.
J
First,
applicants
are
privately
initiated.
General
plan
amendments
must
submit
the
complete
development
permit
application
to
be
reviewed
concurrently
with
their
General
plan,
Amendment
applications
and
will
be
considered
together
at
the
same
public
hearing
by
the
Planning
Commission
and
the
city
council
staff
is
also
proposing
to
allow
a
process
for
bringing
the
general
plan
Amendment
proposals
to
an
early
consideration
hearing
to
get
initial
direction
from
the
decision
makers.
J
Staff
followed
Council
policy,
6-30
public
Outreach
policy,
in
that
the
notices
for
the
public
hearing
were
posted
on
the
city's
website
and
published
in
the
San
Jose
post
record
staff
held
a
virtual
meeting
for
developers
to
discuss
the
proposed
text
Amendment.
The
proposed
policy
change
is
considered
as
not
a
project
under
the
California
Environmental
Quality
act
and
is
exempt
from
environmental
analysis.
J
Staff
recommends
that
the
Planning
Commission
recommend
that
the
city
council
take
the
following
actions:
adopt
a
resolution
approving
a
city-initiated
general
pen
text,
amendment
to
add
a
new
policy
IP
3.11,
requiring
that
privately
initiated
General
plan,
Amendment
applications
to
be
reviewed
concurrently
with
development
permit
applications
and
make
related
minor
modifications
to
policy
IP
3.3.
That
concludes
the
presentation.
Thank
you.
Thank.
B
K
Yeah,
thank
you.
So
if
you
could
just
clarify
so
I
was
under
the
impression
that
General
Planet
management
could
be
made
four
times
a
year,
but
the
staff
report
made
a
mention
of
keyrings
being
once
a
year.
So
does
that
mean
effectively
for
currently
for
privately
initiated
General
plan
amendments?
It's
once
a
year.
J
Yes,
that's
correct:
unless
it's
an
affordable
housing
related
project,
then
there
is
another
opportunity
for
hearing.
K
Okay
and
I
know
there
may
be
a
variety
of
motivations
that
an
applicant
may
have
for
submitting
General
plan,
Amendment
independent
of
a
project
or
rather
before
a
project,
but
does
staff
have
any
concern
about
the?
What
we're
discussing
tonight,
potentially
slowing
down
the
development
process
by
effectively
only
allowing
projects
to
that
require
General
plan
amendment
to
happen
or
to
go
through
a
process
once
a
year.
K
M
Hi,
this
is
Martina
Davis
division
manager
with
pbpe.
We,
you
know,
we
think
overall,
this
should
actually
speed
up
their
process.
Essentially
they
would
you
know
if
they
know
they've
got
a
project
in
mind.
M
You
know
just
feed
the
pro
really.
They
would
wait
until
they've
got
the
project
fully
done
to
submit
it
all
together
right
now,
when
they
submit
them
separately,
they
have
to
go
through
separate
SQL
reviews.
So,
overall,
their
time
frame
is
actually
a
lot
longer
because
you're
doing
SQL
reviews
the
project
twice,
basically
going
through
Planning,
Commission
and
Council
twice,
so
we
we
actually
think
this
would
provide
streamlining
by
requiring
them
to
go
together.
F
Also
from
a
SQL
standpoint,
the
law
requires
that
a
SQL
analysis
actually
analyzed
the
entire
project,
so
this
will
actually
bring
the
city's
practice
in
full
compliance
with
sikra.
The
whole
of
the
project
will
be
analyzed,
so
there
will
be
no
piecemeal
in
great.
K
Thank
you
both
for
that
clarification.
That
was
my
main
concern
with
this
and
overall
I
I
think
this
is
a
really
good
idea
because
I,
you
know
the
second
point
in
the
staff
report
about
how
this
you
know
submitting
a
an
amendment
and
a
project
separately
can
potentially
allow
you
know
a
run
around
to
avoid
part
of
the
public
hearing
process
is
a
concern
I've
had
when
we've
heard
these
proposed
amendments
in
the
past,
so
I'm
glad
that
this
policy
would
address
that.
I
Yes,
thank
you,
chair,
I,
think
this
is
a
really
good
idea
and
a
very
positive
change.
I
know
that
we
have
struggled
at
times
with
approving
a
general
plan
amendment
when
there
was
no
project
attached
to
it
and
the
issue
of
approving
an
amendment
when
the
applicant
could
then
retitle
the
project.
I
So
we
were
literally
looking
at
a
general
plan
Amendment
with
an
intended
project,
but
there
was
no.
You
know
requirement
that
the
applicant
do
that
project,
so
I
I
think
this
is
very
good
and
I'm
in
support
of
it.
I
I
want
to
say
one
other
thing,
and
that
is
in
regards
to
the
correspondence
that
was
submitted
from
Gary
schoenauer
I'm,
not
sure
how
many
of
the
Commissioners
read
this,
but
the
first
sentence
was
these
people
need
to
go.
This
is
bad
foreign
to
me.
What
Mr
schoner
is
doing
here
represents
the
worst
of
the
problem,
we're
having
in
Civic
life
in
this
country
today,
which
is
we're
attacking
people
rather
than
discussing
policy.
I
You
know
Mr
chair
now
has
come
before
this
commission
before
he
has
valid
points
of
view,
but
the
way
he
presents
things
are
very
combative
and
sarcastic
to
staff
and
or
Commissioners
I
don't
appreciate
it,
and
this
is
wrong
what
he
did,
and
it
makes
me
not
believe
he
has
any
credibility
frankly
and
I.
Don't
understand
why
someone
would
hire
him
to
bring
a
project
forward.
I
I
saw
him
get
into
a
verbal
argument
with
the
mayor
last
year,
mayor
licardo,
who
is
not
exactly
an
anti-development
mayor,
so
I'm
going
to
come,
go
on
the
record
and
condemn
this
correspondence.
I
I
K
Yeah
so
Christian
I'm
curious
was
that
correspondence
sent
directly
to
your
email
or
was
it
sent
to
staff
and
then
forwarded
to
us
because
I
part.
K
Gotcha,
okay,
I
missed
that
apologies
for
that,
and
so
just
I
I'll
review
it
myself,
but
I
want
to
say
I
totally
agree
with
what
commissioner
young
said
about
the
hard
work
that
our
city
staff
does
it's
really
a
pleasure
to
work
with
all
of
you
and
really
have
a
lot
of
confidence
in
your
abilities
and
what
you
bring
before
us
every
two
weeks.
So
thank
you.
C
B
B
Is
that
allowalia?
Yes
outstanding?
Okay?
So
we
have
a
motion,
a
second
commissioner,
while
your
hands
up.
Is
that
any
other
comment
there,
or
just
still,
no
just
forgot
to
lower
it?
Okay,
yeah,
no
sweat
and
yeah
just
to
I
I,
understand
the
sentiment
for
commissioner
young
and
just
to
make
sure
that
we're
clear
that
was
from
Gary,
Shay
now
or
not
Eric,
who
typically
is
before
us,
but
nonetheless
same
last
name
all
right,
commissioner
lardinois.
B
B
B
Great
and
we
love
the
guest
appearance,
welcome
back
okay
item
10,
no
referrals
and
item
11,
good
and
Welfare
item
a
report
from
city
council
Robert.
Yes,.
F
F
Yesterday,
two
big
items
that
also
came
through
the
Planning
Commission,
where
approved
first
was
item
8.3.
The
amendments
to
Title
20,
which
has
to
do
with
removal
of
packing
minimums,
was
approved
and
then
amendment
to
city
council
policy
5-1
with
regards
to
VMT,
was
also
approved
with
certain
conditions
that
is
accept,
staff
recommendation,
but
recommendations.
One
and
three
from
Perales
and
Davis
memo
and
staff
is
to
come
back
in
February
to
discuss
Community
engagement
process
options.
B
L
Hi
good
evening,
everyone
just
I,
don't
know
if
this
is
the
right
time,
but
I
have
to
increase
one.
When
do
we
set
the
Wednesdays
for
2023
and
have
we
in
the
past
I
know
in
my
short
tenure
here
we
have
it,
but
the
process
of
writing
a
memo
to
the
to
city
council
from
a
majority
of
Commissioners.
B
N
Actually,
the
entire
commission
would
have
to
agree
that
there's
something
that
they
desire
to
send
and
that
would
actually
have
to
go
through
the
commissions,
Council
liaison
and
because
I'm
stepping
in
right
now-
and
that
goes
under
the
the
council
policy.
N
I
forget
the
number,
but
it's
zero
Dash,
something
in
the
council
policy
manual.
All
Communications
need
to
go
through
the
council
liaison.
So
if
you,
if
you
as
a
group
wanted
to
you
know,
say
to
staff
agendaize
this
an
item
on
whatever
it
is
that
you
want
to
comment
to
to
the
council,
then
you
would
be
basically
writing
or
communicating
with
your
Council
liaison
in
order
to
do
that.
N
But
I
think
a
majority
of
you
would
need
to
to
tell
us
that
we
you
want
to
agendize
something
and
that
would
come
up
at
a
future
meeting.
F
And
I
would
like
to
add
that
the
council
liaison
as
council
member
Jimenez
cancer
district
2.,
oh.
N
B
L
N
You
you
can
speak
to
the
Council
on
any
item
that
affects
you
personally
as
an
individual,
not
as
a
Planning
Commission
member.
If
you
desire
to
speak
to
them
as
a
Planning
Commission
member
with
some
recommendation
coming
from
the
Planning
Commission,
then
you
need
a
majority
of
the
Planning
Commission
members
to
agree
to
that,
and
because
you
are
a
brown
Active
Body
you
would
need
to
agenda.
Is
that
for
a
public
meeting
and
discuss
that
publicly
and
what
you
wanted
to
include?
N
I,
don't
really
know
what
you're
thinking
about
so
I
can't
answer,
but
but
that
is
the
general
answer.
Is
that
everything
that
you
do
as
a
body
and
with
your
title
of
planning?
Commissioner,
if
you
are
making
recommendations
to
the
city,
council
or
statements
to
the
city
council,
of
that
you
want
their
support
on
something
that
you
want
to
change
something
with
the
Planning
Commission.
You
know
that
you
want
them
to
deal
with
something
differently
than
they
have
been
whatever.
It
may
be
you
that
communication
needs
to
go
through
council.
N
B
N
I
N
F
Vera
and
actually
this
meeting
is
being
held
the
same
time
that
we
have
our
hlc
meeting
and
this
conflict
or
cash
twice
a
year.
B
Twice
a
year
got
it.
Thank
you
all
right.
Well
then,
if
there's
no
other
items
we'll
have
a
German
and
we'll
see
you
all
next
Wednesday
for
our
final
planning.
Commissioner
meeting
of
the
Year.
Thank
you
everyone
good
evening.
Everyone
take
care.