City of San Jose, CA Planning, 10 Aug 2022

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From YouTube: AUG 10, 2022 | Planning Commission

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City of San José, California
Planning Commission meeting of August 10, 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=991643&GUID=4DF63C35-3115-4520-8AF6-9B92261AA73F

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Welcome to tonight's meeting this meeting's held being held via web meeting due to covid members of the public may participate following the instructions listed on the agenda.

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You may also view and listen to the meeting on channel 26 the city website and youtube following the commission. Roll call we'll hear the summary of hearing procedures and how the public may provide comment during today's session for the roll call. Commissioner martinois here, commissioner alawalia yeah commissioner barroscio here, commissioner cantrell here, commissioner casey here, commissioner garcia here, commissioner or nellis wise.

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Commissioner, young.

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Outstanding uh the procedure for this hearing is as follows: after the staff report or applicants or repellents may make a five minute presentation, uh the city staff will call the names of the public to identify the items they want to speak on. You may identify yourself by the raised hand, feature in the web meeting or click star 9 on your phone or call 5, 408, 535, 3505 or email planning, support staff at san jose ca.gov identify your name phone number.

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What item you'd like to speak on, 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 up to two minutes and those using a translator will have double the time after the public. Testimony the applicant and appellant may make closing remarks for an additional five minutes. Planning. Commissioners may ask questions of the speakers. Response to the commissioner. Questions will not reduce the speaker's time allowance style for unmute the speaker to respond to the commissioner.

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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, ask staff questions and discuss the item. If anyone decides to bilitigious and challenge these land use decisions in court, you would be only limited, potentially only limited to raising only the issues you or someone else raised at this public hearing or in written correspondence delivers to the city during this public hearing or through correspondence.

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The planning commission's actions on rezonings pre-zonings general plan amendments and code amendments is advisory to the city council. The city council will hold public hearings on these items. Section 20.120.400 municipal code provides procedures for legal protests, city council on rezonings and free zonings. The planning commission transaction on conditional use permits is appealable the city council in accordance with uh the same section, nope third section 20.100.220 municipal court. So um and of course, as we call it order, we want to remind everyone that we follow the code of conduct at our meetings.

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This includes commenting on the specific agenda item only addressing the full body. Speakers will not engage in a conversation of commissioners or staff. All members of the commission, staff and public are expected to refrain from abusive language, repeated failure to comply with the code of conduct which will disturb, disrupt or impede the orderly contact. This meeting may result in the removal from this meeting. This meeting of the planning commission will now come to order at this time. We have public comments.

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This is for any member of the public that would like to talk about something related to the city. That is not, I repeat, not on the current city council agenda planning. Commission agenda this evening staff. Do we have any speakers.

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Outstanding so now we will move to item three deferrals and removals from the calendar. I don't believe there's anything there is that correct staff.

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Chair oliverio, if I may interrupt real quick, I just wanted to briefly if this is an appropriate moment to do so. I just wanted to briefly introduce a new planning attorney in our office. To the commission is that okay that'd be fantastic?

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Okay, I I just real quick to everybody. um A new attorney in our office has started his name's daniel's weight. I believe he's uh present today. um I just wanted to introduce him to the commission. He'll be my backup in the planning commission, in the event that I'm unavailable for some reason um and he'll also be working in our office on sql, sql, related matters and and projects as well. So you may see his name pop up from time to time on projects, so I just wanted to introduce them to you all.

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Thank you, city attorney and welcome.

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Thank you uh for some reason, my my camera is not working. I'm not quite sure why I apologize.

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Until the next meeting.

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Yeah, I am I'm a mystery to you all, but um I wanted to say thank you to mark for the introduction. uh Thank you, chair, uh oliverio and my condolences to you and your family.

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I also I look forward to serving with you all and I will get to know you all in the future when, uh when mark can't make the meeting, I will be his backup and again um thank you for your service to the city. I'm happy to join as well.

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Are you from the famed zazweda family off the in the rose garden area? That is the one yes outstanding great family, your family's done so much for san jose, very civically minded moving on to the consent calendar. I believe on this. We only have the uh proving of the action minutes from the prior meeting.

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Does anyone have a question or comment or might get an emotion.

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Is there a second.

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On that motion, there's a second did. Staff note the first and the second. I think commissioner young is the second I didn't hear. The first casey was the first hey great. I do have a question for staff staff during the item on the agenda, which was on stevens creek. I said I voted for the item, but I really wish to share with the city council. My uh I had concerns well those concerns. I didn't see the concerns in the minutes. Will those concerns be in the staff report.

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I can answer.

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First, uh I can answer that question share. I personally prepared the report and they're uh clearly stated in the staff report for the city council.

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Great thanks so much then uh let's have a roll call vote. Commissioner uh lardon noir yes, commissioner ahluwalia. Yes, commissioner baroccio. Yes, commissioner cantrell. Yes, commissioner casey. Yes, commissioner, garcia, yes, commissioners, wise.

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Commissioners, wise, yes, my apologies. I didn't hear you, commissioner yeah yes, okay and uh I vote yes as well. So now we'll be moving on to the next item, which is uh you know, this is sort of uh slightly uncommon. Wait hang on here. Do we have a consent, calendar item.

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We're looking at the right agenda here july 27th! No, I'm not I'm looking at the wrong agenda, uh hang on a sec.

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August 10th here we go pardon the airport broadcasting in the background, okay, so tonight's, a night where we don't actually take action on new land use items, but we actually take a review of development agreements that have been uh been in place between the city and private entities for some number of years and we are to review them. I understand, commissioner: young uh would like to recuse himself from the one dealing with apple. So my suggestion is, we hear all the other ones.

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So then we can make act, take action on those and hear the apple one, second or after all those items. um So at this time uh I think we'd move this over to staff. Is that nancy? And I see a question from commissioner cantrell.

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I have the exact same concerns: apple.

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As well, congratulations, I hope you're both doing well in your portfolios. uh So we'll we'll both you know we'll both refuse you, you recuse yourselves at that time, but we'll handle the other items first, so you can all participate in that one actually.

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What else chair of area, if I may, if I may, interrupt I'm sorry, I can build my so under the political reform act when we have a conflict of interest like this, a couple of housekeeping measures. um The item that the members have a conflict with needs to be taken first, with them out of the room, and then they can come back in and we can hear uh all the other ones so that they can participate.

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um I know that they're separate, but under the political reform act, regulations that's what's required when you have to segment a decision uh and then also for the two commissioners. uh We've stated what the conflict is, but they have to publicly announce uh the nature of the conflict and and what it is. uh The reason why they're recusing themselves.

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Appreciate on that segmentation, I was just personally thinking that would give them an opportunity to leave at that point and go on at the evening, but I understand so appreciate the political reform act is very specific, so I I take it. We will take up the apple item first and commissioner, young and uh and commissioner cantrell will uh publicly state that they're recusing themselves and correct uh city attorney correct great uh commissioner. Young.

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Yes, thank you chair. I will be recusing myself from the side of my due own shares in uh applecon and stock.

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Okay and we'll see you back in a few after we take care of this item. uh Commissioner cantrell.

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I will refuse myself on this matter with apple. I do own over two thousand dollars of apple stock.

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Thank you both for your outstanding transparency. uh Moving on to staff for uh item a annual compliance review development agreement specifically for apple.

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uh Yes, good evening, chair and members of the commission, this is a compliance review hearing for the seven active development agreements in the city.

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These include ebay, cisco technology, novelis vista montana, park, hitachi and western digital, as well as shia properties in japan, town and google in downtown west for background state law allows development agreements between a local agency and a developer owner da's in city of san jose are regulated through title 18 of the municipal code, the seven da's or the six that we're talking about now have been adopted by the city council, state law and commissioner.

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Staff kelly, I think, we're doing only the apple one right now.

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Yes, that's right. I just wanted to provide the commissioners an overview, what the da's were so I'll get to the apple one quickly. Okay, thanks yeah.

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And- and there is a commissioner young I'm still in, I need to be.

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So staff needs to remove you from the meeting. Is that right, commissioner? Young.

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That's correct.

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Okay, so we'll I'm sure staff will be working on that real, quick, okay continue, uh mr kelly.

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Okay, um so the active da's.

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Including apple are associated with different land use entitlements and have individual terms and conditions.

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Staff has completed an assessment of the da terms and conditions for apple and concluded that apple is in compliance for the period of july first of last year, through june 30th of this year, as explained in greater detail in the staff report, staff report discusses basically apple was required to provide access to the city to their property on orchard parkway, for the city to identify areas for potential water.

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Well, and if areas an area was identified or a site that would be fruitful for a well apple would would be, will be required to provide the city um an easement in order to construct and maintain that well and those thus far apple has provided the required access, and the city has not moved forward at this time, uh at least at this part of the development agreement.

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In order to actually construct a well project. It's it's not something that the city is pursuing at this time, but may pursue it over the term of the agreement. At some point, so staff is recommending that the planning commission certify the resolution. uh That apple is in compliance with the terms and conditions of its development agreement.

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Thank you, mr kelly. Okay, on to the commission, are there any questions regarding this development agreement, specifically with apple.

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I see no questions. I do have a question myself when this was approved.

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City council provided a subsidy to apple by not charging the full impact of full weight of traffic impact fees for the promise of jobs for the city's tax base should apple choose to re-zone this industrial property for what's been reported in the press for a use that would provide zero property tax.

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Does anything change in this development agreement.

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Okay, yeah actually yeah go ahead. Nancy.

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Nancy klein, director of economic development. Thank you for the question share oliverio. As you know, the state has now moved to vmt as opposed to the existing or the prior los service.

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Also tiff would be charged differently, and what I think you're asking commissioner, is how will this be governed when we go forward being optimistic, that we will go forward and just to provide the information transparently, there would be approximately half. It's anticipated that approximately half of the property will be used for jobs in half for housing.

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So we will come back with an analysis uh once a master plan has been developed in conjunction with the city and the community, and it would be brought, of course, to the planning commission so we'll we'll determine fees associated once we know what kind of development we'd be thinking about.

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uh Thank you nancy. Any other questions from commissioners.

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I see no hands. Is there a motion to approve this? This review of the development agreement.

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Motion to approve.

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And is there a second.

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Here a second okay great, so we have a motion and a second I don't see any further inquiries, so we'll do the roll call uh commissioner lardinwa. Yes, commissioner alawalia! Yes, commissioner.

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Yes, commissioner casey commissioner garcia, yes, commissioner or nellis wise, yes, myself, yes, and that item passes so now we are on to the balance of the development agreements and we can bring our two fellow commissioners back for the balance of staff presentation staff. Let us know when our colleagues are back in the meeting. Please.

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Still in the process of getting them back in the meeting.

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Commissioner, commissioner, young is here I'm getting a hold of commissioner. Okay.

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About commissioner cantrell he's still in the waiting room.

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I'm calling him now one moment: okay,.

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Calling him on the phone.

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All right, commissioner cantrell, is rejoining now.

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Great uh staff, patrick kelly, did you have anything to present on the balance of the items or was your intro covered, all of them yeah.

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Thank you chair. The intro did cover all them. I didn't have any specific comments on the others. They're summarized in the staff report and we're available for questions.

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Great well, thank you very much so now to the commission, we have the balance of the development agreements. Are there questions on any one of those.

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I don't see any hands up. The staff see any hands up. I have the sun in my eyes, from this uh airplane, that's uh shining off the tarmac here, not the sounds the international here, no hansa, okay, great! Well! I guess uh we've had uh no ant. No subsequent questions. uh Is there a motion to approve this review of the balance of the development agreements.

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I heard a murmuring who was that? Oh sorry, vice chair here, did we ask for a public comment? ah My apologies terrible uh staff. Is there any public comment on this item.

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Okay well chair that answers. That question I mean commissioners.

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Back I'll call you a variety of fine names there, mr lardon watts, okay, great, so we've we've figured out. There's no public comment. The commissioners don't have any questions. We have a motion and a second is that correct staff.

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Make a move to approve the.

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Remainder of this item.

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Is there a second I'll second it great and was that garcia? Yeah? uh Yes, okay! So commissioner laron with the motion, commissioner, garcia with the second, let's take a roll call vote, commissioner larden law? Yes, commissioner alawalia! Yes, commissioner borrosio. Yes, commissioner, cantrell.

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Commissioner cantrell was.

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I I didn't hear them what the motion it was for. Oh.

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The motion was to accept uh to approve that the staff recommendation that these uh agreements are are in order.

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The remaining agreements- that's.

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Correct minus apple; okay, yes, okay, commissioner casey. Yes, commissioner, garcia. Yes, commissioner, ellis wise. Yes, commissioner, young.

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And myself is yes, so that motion passes moving us on to item six referrals from city council boards, commission and other agencies, staff.

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No items on the day.

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Very well item: seven good and welfare. Is there anything from the staff.

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From city council.

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Yes, so yesterday uh the city initiatives- roadmap, soft story, retrofit agreement with david bonowitz, was approved: uh conventional rezoning, press one to senate bill 1333 for several parcels and the stevens creek and saratoga avenue. Urban village area were also approved and then.

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Conventional rezoning for rail property located at 101, south jackson, avenue was also approved, and the planned development permit and determination of public convenience, of necessity for real property located at 350, barack obama boulevard was dropped and is to be reynolds for a future date.

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uh The blossom hill project 605 south blossom hill under vta property was also approved and uh cam brand pack project that also came through planning commission was approved.

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There is also a denial of an appeal for the visa hotel, so staff recommendation for that denial is also approved and that's it for the council report.

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Thank you. Thank you very much. uh No subcommittee formation, no commission or calendar or study session updates is that correct staff. That's correct anything on the public record.

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Nothing, I see any staff say anything on the public record, no nope, so that leads us to adjournment. I don't think we have to have a formal motion staff we just adjourn. Is that correct? That's correct! Well, hey, fantastic everyone! We got to experience something a little bit different here on the commission this week. So thank you. Everyone for uh excellent attendance and we'll see you in two weeks and everyone have a great best of the evening and a great week.

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