San Jose Planning Commission Meeting - October 9, 2024
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San Jose Planning Commission Meeting - October 9, 2024
The San Jose Planning Commission met on October 9, 2024, to consider a consent calendar, deferral requests, and a public hearing on an appeal of the planning director's denial of a permit to install gates at three private street entrances in the Country View Custom Estates. The commission approved the consent calendar, granted deferrals for multiple items, and denied the appeal, upholding the director's decision.
Consent Calendar
- Approved minutes from the September 25, 2024 meeting.
- Approved conditional use permit for a 533 sq ft addition to a retail bank at 265 Kirtner Avenue (Item 4B) with relocation of a non-conforming ATM drive-thru.
- Approved conditional use permit for a new 85-foot tall lattice tower at 736 Sunol Street (Item 4C).
Public Comments & Testimony
- Non-agendized comment: A speaker addressed the intersection of homelessness and environmental sustainability, urging a holistic approach. Fred Gomez also expressed frustration about the last-minute cancellation of item 5A (mobile home park conversion), citing city ordinance protections and questioning owner tactics.
- Deferral of item 5A (510 Saddlebrook Drive): Multiple residents of Rancho Santa Teresa mobile home park spoke in opposition to the proposed conversion of a billiard/laundry room into a single-family residence. Alicia Hacinto (20-year resident) complained about poor management, favoritism, lack of amenities, and retaliation. Howard Beverly (33-year resident) noted amenities being taken away and called the conversion a rent increase. Other residents echoed concerns about safety, lack of notice, and harassment from management.
- Appeal of gate denial (Country View Custom Estates): A large number of public speakers gave testimony both supporting and opposing the gate installation. Supporters cited safety concerns, burglaries, home invasions, speeding cars, and lack of sidewalks. Mike Barna (applicant) argued that crime rates are ten times higher than the city average and that gates would protect property rights, claiming 93% of community support. Opponents argued that the proposal violates city general plan policies (CD-2.7 and TR-5.5), would create traffic hazards, noise, and emergency access issues. They noted the proposal was denied twice before (2006, 2010) and nothing has changed. Some questioned safety on narrow, steep streets with no turnarounds.
Discussion Items
- Deferrals: The commission considered four deferral requests: two originally scheduled (PP24-007 ordinance amendment, CP24-019 utility facility) and two late-breaking (item 5A mobile home park conversion deferred indefinitely, item 5B monopine tower deferred two weeks). Staff requested deferrals due to applicant issues. The commission approved all deferrals unanimously (8-0, one absent) after hearing public comment on item 5A.
- Appeal of PDA denial for gates (Item 5C): Staff presented the project history, noting that the planning director denied the permit on August 7, 2024 due to inconsistency with General Plan policies CD-2.7 (prohibits gated communities that restrict connectivity) and TR-5.5 (prohibits gating private streets to restrict public access). The applicant appealed. In discussion, commissioners expressed sympathy for safety concerns but noted their role is to apply existing policy. Commissioner Lardnois moved to deny the appeal, citing the clear prohibition. Commissioner Bickford seconded. The motion passed unanimously (8-0).
Key Outcomes
- Consent Calendar: Adopted by 8-0 vote.
- Deferrals: Approved all four deferrals: two scheduled items (PP24-007 and CP24-019) deferred two weeks; item 5B (monopine) deferred to October 23, 2024; item 5A (mobile home park conversion) deferred to a date uncertain.
- Appeal Denial: The commission denied the appeal and upheld the planning director's denial of the gate permit for Country View Custom Estates (8-0 vote). This is the final administrative decision.
- 2025 Meeting Schedule: Approved (7-0, with two absent).
- Meeting adjourned at 8:29 PM.
Meeting Transcript
Good evening, everyone. My name is Anthony Tordillos, and I am the chair of the Planning Commission. Welcome to this 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, if you're able, please join me in rising for the Pledge of Allegiance. Thank you. We will now move on to roll call. Vice Chair Cantrell. Here. Commissioner Barroso. Here. Commissioner Bandal. Here. Commissioner Bickford. Here. Commissioner Lardnois. Here. Commissioner Olivario. Commissioner Rosario. Here. Commissioner Young. Myself here. That's seven in attendance, so we have quorum. All right, we will 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 audio visual technician and deposit the completed card in the basket. There are also speaker cards in the back of the chambers and in the 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 comment period, the chair will call out names on the submitted speaker cards in the order received for those members of the 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 double 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 commissioner 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 protests 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 all staff reports for this meeting may be accessed on the city's website. All right, we'll move on to call to order and orders of the day. Before we begin, I want to remind the planning commission members and members of the public to follow our code of conduct at meetings. This includes commenting on the specific agenda item only and addressing the full body. Public speakers will not engage in a conversation with the commissioners or staff.
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