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Record of Proceedings

San Jose Planning Commission Meeting Summary - September 25, 2024

Planning CommissionWednesday, September 25, 2024
BodySan Jose, California
SessionPlanning Commission
DateWednesday, September 25, 2024
StatusFILED
Video Record

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Transcript — Verbatim
0:09

Thank you for your patience, everyone.

0:11

We'll get started.

0:12

Good evening, everyone.

0:13

My name is Anthony Tordius, and I am the chair of the Planning Commission.

0:16

Welcome to the Planning Commission meeting.

0:17

Please remember to turn off your cell phones.

0:19

The parking validation machine for the garage under City Hall is located at the rear of the chambers.

0:24

Following roll call during the summary of hearing procedures, we will review how the public may provide comment during today's session.

0:29

At this time, please join me in rising for the Pledge of Allegiance.

0:37

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.

0:44

One nation under God, indivisible with liberty and justice for all.

0:54

Thank you.

0:54

We'll now move on to roll call.

0:57

Vice Chair Cantrell.

1:00

Commissioner Barroso.

1:02

Here.

1:04

Commissioner Bondal.

1:05

Here.

1:06

Commissioner Bickford.

1:07

Here.

1:08

Commissioner Larnois.

1:10

Here.

1:11

Commissioner Oliverio.

1:13

Commissioner Rosario.

1:15

Here.

1:16

Commissioner Young.

1:19

Myself here.

1:20

That is six, so we have quorum.

1:22

All right, we'll now move on to summary of hearing procedures.

1:25

If you want to address the commission, please fill out a speaker card located on the table near the audiovisual technician and deposit the completed speaker card in the basket.

1:33

There are also speaker cards in the rear of the chambers and at the side entrance.

1:37

The procedure for this hearing is as follows.

1:39

After staff's presentation, applicants and/or appellants may make up to a five-minute presentation.

1:44

During the public uh comment period, the chair will call out names on the submitted speaker cards in the order received for those members of the public public who attend in person.

1:52

As your name is called, line up in front of the microphone at the front of the chamber.

1:56

Generally, each speaker will be given up to two minutes for public testimony, and speakers using a translator will have up to four minutes.

2:02

At the discretion of the chair, the time allotted to each speaker may be changed depending on the number of items on the agenda, number of speakers, and other factors.

2:09

Speakers using a translator will have doubled the time allotted.

2:12

After the public testimony, the applicant andor appellant may make closing remarks for up to an additional five minutes.

2:17

Planning commissioners may ask questions of the speakers.

2:20

Response to commissioners' questions will not reduce the speaker's time allowance.

2:24

The public hearing will then be closed, and the planning commission will take action on the item.

2:28

The planning commission may request staff to respond to the public testimony, ask staff questions, and discuss the item.

2:34

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.

2:45

The planning commission's action on rezonings, prezonings, general planned amendments, and code amendments is only advisory to the city council.

2:51

The City Council will hold public hearing on these items.

2:54

Section 20.120.400 of the municipal code provides the procedures for legal protest to the city council on rezonings and prezonings.

3:01

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.

3:09

Agendas and staff reports for this meeting may be accessed on the city's website.

3:14

We'll now move on to call to order and orders of the day.

3:17

Before we begin, I want to remind the planning commission members and members of the public to follow our code of conduct at meetings.

3:22

This includes commenting on the specific agenda item only and addressing the full body.

3:26

Public speakers will not engage in a conversation with the commissioners or staff.

3:30

All members of the planning commission, staff, and the public are expected to refrain from abuse of language.

3:35

Repeated failure to comply with the code of conduct, which will disturb, disrupt, or impede the orderly conduct of this meeting may result in removal from the meeting.

3:42

This meeting of the planning commission will now come to order.

3:45

All right, we'll now move on to public comment.

3:47

Now is the time for public comment to the planning commission on non-agendized items.

3:51

Please fill out a speaker's card and give it to the technician.

3:54

Each member of the public may address the commission for up to two minutes.

Discussion Breakdown — Share of Meeting
Public Comment████████████████16%
Mobile Home Parks███████████11%
Retail█████████9%
Land Use█████████9%
Procedural████████8%
Public Safety███████7%
Transportation██████6%
Airport Land Use█████5%
Economic Development█████5%
Summary of Proceedings

San Jose Planning Commission Meeting - September 25, 2024

The San Jose Planning Commission met on September 25, 2024, to consider several items, including a conditional use permit for a mobile home park building conversion, a general plan text amendment for the airport influence area, and a major Costco proposal. The commission approved consent calendar items, deferred the mobile home park item, approved the airport overlay, and approved the Costco project with recommendations for city council.

Consent Calendar

  • Approved: Minutes from September 11, 2024.
  • Approved: CP24-011 and ER24-091 – a conditional use permit for a drinking establishment at 1137 South King Road.
  • Pulled for separate hearing: CP24-005 and ER24-042 – conversion of a recreation building to a residence in a mobile home park at 510 Saddlebrook Drive. This item was later deferred.

Public Comments & Testimony

Mobile Home Park Item (CP24-005):

  • Several residents spoke in opposition. Dan Brennan (Space 89) claimed the recreation building was closed off and underutilized due to management restrictions, and noted a lawsuit (Alvarez Prado vs. Rancho Santa Teresa) regarding amenity reductions. Chelsea Welch (resident of 34 years) stated the building was actively used until locked about a year ago under maintenance pretext. Jose Alvarez cited issues with the manager and said they are working with HCD and an attorney. Fred Gomez noted the pool hours were limited and the billiard room inaccessible. The residents expressed that the building was a community hub and its loss without compensation would be a rent increase under state law (798.0.15).

Costco Item (CP21-022):

  • Numerous residents, including students, parents, and community leaders, spoke against the project. Key concerns: traffic safety for students at Prospect High School (across the street), pedestrian and bicycle safety, inadequate parking, noise pollution, incompatibility with the urban village goals, and alcohol sales in an already over-concentrated area (7 off-sale licenses within a square mile). Speakers urged the commission to vote no. Some supported the project, citing economic benefits and revitalization of the shopping center.

Discussion Items

Mobile Home Park Building Conversion (CP24-005):

  • Staff presented the project: conversion of a 1,907 sq. ft. recreation building to a 1,742 sq. ft. single-family residence for an assistant manager. The project would eliminate the recreation room, billiard room, and laundry facilities in that building. One early concern was raised but resolved with a letter from the owner. The owner stated the building was underutilized and that alternative amenities exist. Residents disputed this, claiming the space was locked and not available.
  • Commissioners questioned the loss of amenities and potential rent implications. Staff noted that mobile home park operations are largely outside planning purview, but agreed to consult with the housing department. The applicant (property owner) expressed openness to retaining the billiard room if possible.
  • Commissioner Lardinois moved to defer the item to October 9, 2024, to allow staff to consult with the housing department and encourage the applicant and residents to seek resolution. The motion passed 6-0 (3 absent).

General Plan Text Amendment – Airport Influence Area (GPT24-001):

  • Staff presented a modified airport influence area (AIA) for San Jose International Airport, based on the airport master plan rather than the ALUC's inflated forecasts. The ALUC had expanded the AIA by 240 acres, which would add referral requirements for projects. The city proposes to overrule the ALUC map and adopt a modified AIA.
  • No public comments. Commissioner Lardinois moved to approve the staff recommendation. The motion passed 7-0 (2 absent).

Costco at Westgate West (CP21-022):

  • Staff presented the project: demolition of three existing buildings (approx. 188,000 sq. ft.) to construct a 165,148 sq. ft. Costco with rooftop parking, gas station, and seasonal sales. The project includes a conditional use permit for off-sale alcohol (determination of public convenience or necessity) and extended construction hours. The EIR found all impacts mitigable to less than significant. The site is in the Paseo de Saratoga Urban Village (no adopted plan).
  • The applicant highlighted community engagement (35+ meetings), changes made (closure of one Graves Avenue driveway, sound walls, reduced light poles, etc.), and economic benefits (250-300 jobs at $29/hr average, $2M annual tax revenue).
  • Commissioners discussed traffic, parking, alcohol over-concentration, urban village compatibility, and safety. Staff confirmed the project meets all applicable standards. Commissioner Olivario noted the need for city revenue and supported the project. Commissioner Bickford and Rosario also supported, with Rosario urging closure of additional Graves Avenue driveways and removal of pork-chop islands at the Lawrence/Prospect intersection.
  • Commissioner Lardinois emphasized the commission's role in objective review and found the project compliant. The motion to approve the staff recommendation (including conditions of approval) passed 7-0 (2 absent), with a recommendation to city council to consider the driveway closures and intersection improvements.

Key Outcomes

  • Consent Calendar: Approved items A, B (except pulled item), and C. Unanimous (6-0, 3 absent).
  • Mobile Home Park Conversion (CP24-005): Deferred to October 9, 2024, with direction for staff to consult with housing department and encourage applicant-resident dialogue. Motion passed 6-0 (3 absent).
  • Airport Influence Area (GPT24-001): Approved resolution to overrule ALUC map and adopt modified AIA. Passed 7-0 (2 absent).
  • Costco Westgate West (CP21-022): Approved conditional use permit, determination of public convenience or necessity, and extended construction hours. Passed 7-0 (2 absent). The commission recommended city council consider closing additional Graves Avenue driveways and implementing traffic calming at Lawrence/Prospect.
  • No referrals or other business. Meeting adjourned at 9:30 p.m.

Meeting Transcript

Thank you for your patience, everyone. We'll get started. Good evening, everyone. My name is Anthony Tordius, and I am the chair of the Planning Commission. Welcome to the Planning Commission meeting. Please remember to turn off your cell phones. The parking validation machine for the garage under City Hall is located at the rear of the chambers. Following roll call during the summary of hearing procedures, we will review how the public may provide comment during today's session. At this time, please join me in rising for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you. We'll now move on to roll call. Vice Chair Cantrell. Commissioner Barroso. Here. Commissioner Bondal. Here. Commissioner Bickford. Here. Commissioner Larnois. Here. Commissioner Oliverio. Commissioner Rosario. Here. Commissioner Young. Myself here. That is six, so we have quorum. All right, we'll now move on to summary of hearing procedures. If you want to address the commission, please fill out a speaker card located on the table near the audiovisual technician and deposit the completed speaker card in the basket. There are also speaker cards in the rear of the chambers and at the side entrance. The procedure for this hearing is as follows. After staff's presentation, applicants and/or appellants may make up to a five-minute presentation. During the public uh comment period, the chair will call out names on the submitted speaker cards in the order received for those members of the public public who attend in person. As your name is called, line up in front of the microphone at the front of the chamber. Generally, each speaker will be given up to two minutes for public testimony, and speakers using a translator will have up to four minutes. At the discretion of the chair, the time allotted to each speaker may be changed depending on the number of items on the agenda, number of speakers, and other factors. Speakers using a translator will have doubled the time allotted. After the public testimony, the applicant andor appellant may make closing remarks for up to an additional five minutes. Planning commissioners may ask questions of the speakers. Response to commissioners' questions will not reduce the speaker's time allowance. 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 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. The planning commission's action on rezonings, prezonings, general planned amendments, and code amendments is only advisory to the city council. The City Council will hold public hearing on these items. Section 20.120.400 of the municipal code provides the procedures for legal protest to the city council on rezonings and prezonings. 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. Agendas and staff reports for this meeting may be accessed on the city's website. We'll now move on to call to order and orders of the day.

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