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From YouTube: DEC 14, 2022 | Planning Commission
Description
City of San José, California
Planning Commission meeting, December 14, 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=1062968&GUID=E3C74FBC-8B80-490B-B2A3-BD428E007393
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B
To
the
last
Planning
Commission,
meeting
of
2022
I
will
be
at
the
chair
this
evening
and
I
want
to
welcome
everyone.
This
meeting's
held
the
web
due
to
covid
members
of
the
public
May
participate
following
instructions
on
the
agenda,
you'll
Also
may
View
and
listen
to
the
meeting
on
cable
television,
the
city's
website
and
YouTube.
B
B
Young,
your
commissioner
Rosario
yeah
and
commissioner
alawalia
yes,
excellent.
Thank
you.
The
procedure
for
this
hearings
is
follow.
It's
after
the
staff
report,
applicants
and
appellants
may
make
a
five
minute
presentation.
City
staff
will
call
it
names
of
the
public
who
identified
the
items
they
want
to
speak
on
you.
B
The
public
May
identify
Yourself
by
the
raised
hand,
feature
on
tonight's
meeting
or
you
may
click
star
nine
on
your
phone
identify
your
name
and
what
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
the
translator
will
have
double
the
time
after
the
public.
Testimony
the
applicant
and
appellate
may
make
closing
remarks
for
an
additional
five
minutes.
B
Planning
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
Commissioners.
The
public
hearing
will
then
be
closed
and
the
plan
encryption
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.
B
If
you
challenge
these
land
use
decisions
in
court,
you
may
be
limited
to
raising
only
those
issues
you
or
someone
else
raise
at
this
public
hearing
or
in
written
correspondence
prior
to
the
meeting.
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.
The
municipal
code
provides
procedures
for
legal
protests
to
the
city
council
on
rezonings
and
pre-zonings.
B
So
on
the
call
to
order
item,
one
want
to
remind
everyone
that
we
have
a
code
of
conduct
and
that
everyone
will
be
respectful
and
if
people
get
out
of
line
and
disturb
the
meeting,
then
they
may
be
removed
from
the
meeting
prior
to
public
comment.
We
do
want
to
point
out
that
we
are
joined
by
senior
City
attorney,
Daniel
zazueta,
who
will
be
permanently
Staffing.
The
Planning
Commission.
E
Thank
you
chair
good
evening
Commissioners.
My
name
is
Daniel
ceswetta
I
introduced
myself
back
when
I
first
joined
the
city
I
joined
in
July
and
I.
Think
I
joined
you
in
a
on
a
meeting
in
September,
but
it's
good
to
join.
You
now,
I
come
to
you
from
the
county
of
Santa
Cruz,
where
I
staff,
the
Planning
Commission
happy
to
sit
in
this
chair
again
and
help
you
navigate
through
these
wonderful
planning
agendas
that
we
have
happy
to
answer
any
questions,
but
I
am
new.
E
So
it
may
take
me
a
little
bit
of
time
to
to
get
to
the
answer,
but
I'm
here
I'm
here
to
answer
any
questions.
So
thank
you
very
much
and
I
look
forward
to
tonight's.
B
B
So
this
is
a
time
if
you're
from
the
public
and
you'd
like
to
talk
to
an
item
that
is
not
on
the
agenda.
To
raise
your
hand,
I,
don't
see
any
hands.
Does
staff
see
any
hands
raised
hello
all
right,
then
we
will
move
on
to
item
three
deferrals
and
removals.
We
have
none
item
four
consent
calendar.
We
have
none
and
then
moving
on
to
the
public
hearing.
We
have.
C
F
F
B
That's
right:
we
have
the
the
minutes,
my
apologies,
so
with
that
said,
is
there
a
motion
on
the
consent
calendar
to
essentially
approve
those
minutes.
B
B
C
B
G
G
So
good
evening,
chair
and
planning
Commissioners,
my
name
is
Angela
Wang
I'm,
the
project
manager
with
planning
building
and
code
enforcement
for
item
5A
file,
numbers
bourbon,
44
and
C
20-011
before
you
this
evening
is
an
annexation
application
to
Annex
five
Parcels
from
Santa
Clara,
County,
uncorporated
territory
to
the
city
of
San
Jose,
and
to
presume
these
fly
puzzles
to
the
muc
mixed-use
commercial
zoning
District.
These
five
puzzles
are
located
on
the
northeast
corner
of
West
San,
Carlos,
Street
and
Brooklyn
Avenue.
G
Cp20-20
is
a
conditional
use
permit
to
allow
the
demolition
of
all
existing
structures
on
site
for
the
construction
offers.
Seven
story:
mixed-use
development
project
consisting
of
a
residential
care
facility
for
seniors,
661,
multifamily
residential
units
and
6
000
square
foot,
ground
floor
retail
space,
with
alternative
parking
design
on
the
ground
floor
and
in
the
basement
on
an
approximately
1.23
gross
equal
site.
G
T20-016
is
the
best
Integrity
map
to
merge
the
existing
seven
puzzles
into
one
lot
for
condominium
purpose,
so
the
the
boundary
of
the
development
permits
and
the
annexation
boundary
are
slightly
different.
So,
as
you
can
see
from
the
screen,
the
the
area
within
the
red
lines
is
the
development
permit
area
and
the
gray
area
in
this
red
line
are
those
by
Parcels
are
going
to
be
annexed
to
the
city.
G
G
Is
within
the
West
San
Carlos
Urban
Village
plant
area
that
is
designated
muc
mixed-use
commercial.
The
proposed
zoning
industry
is
a
new
Civics
use
commercial
muc.
Zoning
district
is
intended
to
implement
the
mix.
The
mixed-use
commercial
General
plan,
land
use
designation.
Therefore,
it
is
the
conforming
Zone
industry
to
the
MUSC
General
plan
and
use
designation.
G
and
as
discussing
the
staff
report,
the
project
is
consistent
with
the
general
plan,
zoning
ordinance
and
the
applicable
city
council
policy
in
the
city
of
San
Jose,
as
the
lead
Agency
for
the
project,
preparing
environmental
impact
before
not
going
to
turn
you
over
to
the
environmental
project
manager.
Remark
to
briefly
talk
about
the
environmental
review
for
the
project.
H
H
H
The
impacts
of
the
significant
impacts
of
the
project
that
were
identified
in
the
draft
eir
most
of
them
could
be
mitigated
to
below
significance
thresholds.
They
were
construction,
air
quality
potential
damage
to
nesting
Birds
during
construction
and
potential
hazards
from
agricultural
chemicals
in
the
soil,
construction,
noise
and
vibration
and
project
VMT.
H
H
Be
received
comments
on
the
draft
eir,
as
I
mentioned
earlier
from
several
agencies.
The
key
comments
were
regarding
annexation
of
the
roads,
the
management
of
potentially
hazardous
materials
on
the
site
and
clarifications
to
the
hydrology
and
water
quality,
existing
settings
section
and
the
protection
and
adaptive
reuse
of
historic
resources.
H
G
Thank
you
so
quick
summary
of
the
staff's
recommendation,
so
staff
recommends
the
Planning
Commission,
recommend
city
council
to
certify
the
eir
and
adopt
a
statement
of
overriding
considerations
and
related
mitigation.
Monetary
and
Reporting
plan
approved
an
ordinance
for
pre-zoning
and
adult
a
resolution
initiating
proceedings
and
scheduling
the
January
31st
2023
for
city
council
consideration
of
the
annexation.
B
You
Angela
and
moving
on.
Do
we
have
an
applicant
here.
I
No,
we
believe
that
the
staff
has
made
a
thorough
presentation
on
the
merits
of
the
project.
We
believe
that
the
first
of
all,
thank
you
honorable,
chair
and
planning
Commissioners.
The
application
is
for
the
free
zoning
of
the
project
and
the
necessary
steps
to
go
forward.
It
is
not
the
project
review,
but
simply
the
pre-zoning.
I
The
project
itself
does
comply
with
the
West
San
Carlos
Urban
Village
plan
and
we're
looking
to
simply
just
build,
bring
the
properties,
zoning
or,
in
this
case
pre-zoning
in
compliance
with
the
West
San
Carlos
Urban
Village
plan
and
promote
the
annexation,
which
will
facilitate
the
project
to
move
forward
at
a
future
date
when
the
project
is
scheduled
to
come
before
you
again
I'm
here
to
answer
any
questions,
we
certainly
ask
for
your
approval
tonight:
ask
for
staff
recommendation
and
to
not
any
take
any
further
amount
of
your
time.
B
You
great
thank
you
very
much.
Is
there
any
members
of
the
public
wishing
to
speak
on
this
item?
If
so,
now
would
be
the
time
we
do
have
one
I
see
a
Jaime.
C
Good
evening
Planning
Commission,
my
name
is
I'm
a
field
representative
for
the
Northern
California
carpenters,
union
and
I
work
out
of
a
local
405
here
in
San
Jose.
The
reason
I'm
calling
in
tonight
is
to
inform
you
about
a
big
problem
that
is
happening
in
the
property
development
industry.
C
C
All
it
takes
is
that,
if
is
for
the
developers
and
contractors,
start
caring
about
the
citizens
of
San
Jose,
we
have
tried
to
reach
out
to
the
developer,
to
see
where
they
stand
with
the
area,
Labor,
Standard
wages
and
so
far
we
have
not
had
any
response.
Hopefully
we
can
hear
from
them
soon
in
the
near
future.
B
B
Okay,
I
guess
that
closes
out
public
comment
back
to
the
applicant.
You
have
upwards
of
five
minutes
or
you
can
defer.
I
Thank
you,
I
just
would
ask
for
yours
to
ask
for
your
support
on
the
Project's
merits,
which
is
consistent
with
San
Jose's
General
plan
with
the
Western
Cardinals
Urban
Village
plan
and
consistent
with
city
council
policies
and
goals.
Thank
you
and
here
to
answer
any
questions
you
may
have
thank.
B
You
very
much
on
to
the
commission.
Are
there
any
questions?
Comments
from
the
commissioners
I
see
who
do
I
see
first
here
as
I
scroll,
commissioner
Rosario.
J
Oh
I
I
just
wanted
to
say
that
it
seems
like
a
great
proposal
and
I
think
that's
a
section
of
San
Carlos.
That
certainly
needs
some
love
so.
B
K
Just
concerned
questioning
what
what's
the
historic
value
of
these
historic
properties
that
are
there
is
there
anything
of
note.
That's
that's
happened
in
those
places.
Is
there
who,
sir,
are
they
just
old
buildings?
I,
don't
know?
What's.
I
I
L
Yeah
so
there's
a
significant
impact.
Can.
L
Apologies:
I'm
Dana,
Peake,
historic
preservation,
officer
for
the
city
of
San
Jose.
There
is
a
significant
impact
for
cultural
resources
for
the
proposed
demolition
of
two
buildings,
they're
the
middle
two
buildings.
We
had
a
difference
in
expert
opinion
where
the
historic
consultant
that
was
hired
by
the
applicant
did
not
find
the
buildings
eligible
for
City
Landmark
designation.
L
However,
the
city
disagreed
and
believed
that,
according
to
the
historic
context
and
history
of
the
buildings
that
they
were
eligible
for
City
Landmark,
designation,
Burbank
is
a
very
modest
area.
There
were
a
lot
of
the
homes
they're,
not
fancy
they're,
not
architecturally
designed,
but
it's
a
very
was
a
very
vibrant
neighborhood.
L
K
Yeah
I
I
I
appreciate
what
you
said,
but
I'm
not
really
getting
a
sense
of
scale
of
value
was
there
are
these
worth
saving
I
guess
is
what
I'm
trying
to
ask
here.
Foreign.
L
I
think
the
thing
with
antiques
row
is
that,
along
that
Western
San
Carlos
Street
there's
very
little
left,
and
this
is
kind
of
what
Remains
exhibiting
What
I
described
about
the
historical
development
in
that
earlier
period,
when
it
sort
of
transitioned
from
homes
to
commercial
prior
to
World,
War
II.
B
K
B
Thanks,
commissioner,
commissioner
ornelas
wise.
D
Hi
good
evening,
everyone
hi
I,
have
a
question
to
follow
up
Highway.
Commissioner
Cantrell's
question
I
wanted
to
ask
Dana
if
she's
still
available,
or
you
know
any
City
staff
really
and
and
I
think
this
is
good
for
the
rest
of
the
commission.
You
you
all,
might
have
the
same
question.
I
have
two
two
specific
questions:
what
makes
something
eligible
for
listing
in
the
San
Jose
historical
resources
inventory
and
what
makes
something
a
candidate
for
City
landmark
Dana.
Did
you
hear
those
questions.
L
Yeah,
so
under
the
historic
preservation
ordinance,
there
are
eight
specific
criteria.
Some
of
them
overlap
a
little
bit,
but
the
general
themes
are
historical
development,
which
This
falls
under
people
or
architecture.
D
H
G
H
Feasible
to
the
extent
the
applicant
is
able
to
do
it
and
it
meets
the
city's
project
objectives,
which
is
to
intensify
development
in
these
areas
in
the
project
area,
in
terms
of
keeping
either
one
or
both
of
those
buildings
that
are
eligible
for
listing.
H
F
That's
right,
Robert,
Mannford,
deputy
director
just
wanted
to
let
the
commission
know
that
the
historic
significance
of
the
properties,
as
described
in
the
staff
presentation,
does
not
in
any
way
impact
the
overall
merits
of
the
project
we
are
preparing.
We
prepared
an
eir
for
this
project
just
because
of
the
disagreement
between
experts.
F
There
were
other
considerations
that
made
Alternatives
infeasible.
They
are
not
environmental.
Only.
The
city
council
can
consider
those
other
aspects
when
they
are
making
a
decision
on
the
project.
So
I
just
wanted
to
make
that
clear.
Otherwise,
this
project
wouldn't
have
qualified
for
an
eir,
but
because
there
was
the
the
disagreement
between
experts.
D
Thank
you,
I
I
do
believe
that
it's
really
important
for
the
the
city
of
San
Jose
to
Annex
as
many
Pockets
or
you
know
that
are
in
the
county,
unincorporated,
because
I
think
it
will
help
develop
and
you
know
Revitalize
these
areas
and
make
them
you
know
more
modern,
so
I
think
it's
a
really
good
thing.
D
I
did
really
want
to
look
at
a
map.
I
know
Angela.
You
brought
up
a
map
earlier
and
I.
I
saw
some
orange
and
gray
and
I
just
really
wanted
to
see
what
were
the
city
boundaries
and
what
were
the
county
boundaries.
So
it
could
be
really
clear
if
this
is
an
annexation.
That's
just
like
separated
from
everything,
or
is
it
like
consistent
with.
G
Yeah
sure
so,
planning
condition.
So
all
the
gray
area
here
are
within
the
I
mean
the
County
right
now,
so
this
area
with
the
color
or
the
I
mean
on
the
map,
is
within
the
city.
D
L
B
Thank
you,
commissioner,
Nellis
wise
any
other
questions
for
planning.
Commissioners.
B
B
B
B
B
B
F
Yes,
Mr
Chad.
There
is
a
report
from
city
council
from
yesterday's
council
meeting.
First
is
the
settlement
with
county
of
Santa
Clara
rated
to
North
San
Jose.
The
city
council
approved
that
great.
The
second
is
under
land
use,
City
initiator
General
plant
text
amendment
to
amend
the
ambition,
San
Jose
2014
general
plan
that
commercial
space
requirement
no
longer
applies
to
affordable
housing
that
came
through.
F
This
commission
was
approved,
also
City
initiated
General
plan
text,
Amendment
amending
a
test
space
one
to
Title
18,
to
require
concurrent
review
and
consideration
of
privately
initiated
General
plan.
Amendment
applications
with
permit
applications
that
came
through
this
commission
was
also
approved,
and
then
our
plan
development
permit
rezone
in
500
PSC
Road.
It
came
through
this
commission
also
approved,
and
we
also
have
planned
development.
F
Rezoning
for
Western
tentative
Mark
located
inside
Camden
Avenue
in
District
10
came
through
here
was
approved
as
well,
and
a
lot
of
City
resonance
best
one
to
Senate,
Bill
1333
and
lastly,
Fountain
alley
by
West.
Bank
was
also
approved
and
there
was
an
appeal
to
a
planning
director
decision
making
on
35
South
Second
Street.
That
appeal
was
denied
and
the
project
was
approved
by
city
council.
That
is
it
from
yesterday.
B
Great,
thank
you.
So
much
item
scene,
commission,
item,
C,
commission,
calendar
I
believe
Staff
last
Wednesday
sent
out
the
most
recent
2023
calendar
for
the
Commissioners
and
I.
Don't
think
there's
been
any
changes
since
then
item
D
public
record
is
this
staff
wants
to
do
the
update
on
this?
Yes,.
F
This
is
the
guesh
Run
residence
file,
number
cp17-010,
stroke,
ER
20-205,
and
this
is
the
gastroent
residence
in
Council
district
10.
It
was
previously
canceled,
District
2
came
to
you
in
June
this
year
and
you
required
that
the
applicant
comes
back
after
several
studies.
Biological
studies
and
archaeological
Studies
have
been
done.
We
got
notified
by
the
open
space
Conservancy
agency
that
they
have
purchased
the
property,
so
the
applicant
has
notified,
as
the
conservation
agency
has
also
notified
us,
so
no
need
for
her
to
come
back
to
Planning
Commission,
okay,.