San Jose Planning Commission Meeting - October 23, 2024
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San Jose Planning Commission Meeting - October 23, 2024
The San Jose Planning Commission met on October 23, 2024, at 6:45 PM (local time) with seven commissioners present and two absent. The meeting covered a consent calendar, two pulled items, and a public hearing on the Good Samaritan Hospital rezoning. Key actions included approvals of a conditional use permit for a jewelry store to sell collectible alcohol bottles (with modified conditions) and zoning code amendments for emergency residential shelters, while the commission recommended denial of the Good Samaritan Hospital rezoning based on general plan consistency concerns.
Consent Calendar
- Deferral Request (CP23-021): Unanimously approved deferral of a conditional use permit for a 65-foot monopine telecommunications tower at 3812 Dove Hill Road. Motion by Commissioner Rosario, second by Commissioner Young. Vote: 7-0 (2 absences).
- Items A, B, C: Routine approval of planning commission minutes (Oct. 9), conditional use permits for late-night use at 98 South 2nd Street and an 85-foot utility facility at 3033 South Bascombe Avenue. Motion by Commissioner Lardenois, second by Vice Chair Cantrell. Vote: 7-0 (2 absences).
Public Comments & Testimony
- Item 4D (Plaza Jewelers): Multiple speakers expressed strong support for the application, including Mimi Hernandez (Executive Director of Prosperity Lab), Melita Alfaro, Jose Montes, Abram Chandler, Eduardo Guilarte (Vietnam veteran, business owner), Gabby Chavez Lopez (Executive Director of Latina Coalition of Silicon Valley), and Eduardo Huerta (real estate broker). They highlighted the applicants' 50-year business history, community involvement, and responsible operations. The applicant requested removal of condition 4C (requiring next-day pickup) to allow same-day sale of engraved/commemorative bottles.
- Item 4E (Emergency Shelter Zoning): No public comments.
- Good Samaritan Hospital Rezoning: Several speakers opposed the project, citing HCA's pattern of service cuts. Speakers included Karen DeLumi, Darcy Green (Latinas Contra Cancer), Bob Brownstein (45-year resident), Samantha Rejas, Peggy Elwell, Betsy Hammercarr, Paul James (Samaritan Drive resident), Gabby Chavez Lopez, Gabriela Hernandez (CSIP Weather Collective), and others. They raised concerns about HCA closing psychiatric beds, maternity services, and the Regional Medical Center trauma center, arguing the expansion would not serve community needs and violated the Envision San Jose 2040 General Plan.
Discussion Items
- Item 4D: Plaza Jewelers (PD 24-012, ER24-118): Staff presented a recommendation to approve a planned development permit and public convenience/necessity determination for off-sale of collectible alcohol bottles at 1130 East Santa Clara Street, with condition 4C requiring next-day pickup. The applicant (Connie Alvarez and Cesar Pascal) requested removal of that condition. During discussion, commissioners considered alternative conditions to limit future liquor store use. A substitute motion by Commissioner Lardenois (seconded by Vice Chair Cantrell) proposed dropping condition 4C and adding new conditions: operating hours 11 AM to 7 PM Monday-Saturday, 50% of sales floor for high-end jewelry, maximum 20% for alcohol displays (unique/decorated/limited edition bottles), and prohibition of refrigeration. After further amendment by Commissioner Lardenois to include the no-refrigeration condition, the substitute motion passed 7-1 (Commissioner Young dissented).
- Item 4E: Emergency Shelter Zoning (PP 24-007): Staff presented proposed amendments to Title 20 to comply with state law (AB 2339), including allowing shelters by right in the Airport Influence Area, updating definitions to include non-congregate forms, removing the 60-day maximum stay, and adding objective standards (security guard, lighting, etc.). Commissioner Young pulled the item for clarification. After discussion, a motion to approve the staff recommendation by Commissioner Young (seconded by Commissioner Lardenois) passed 7-1 (Commissioner Oliverio dissented).
- Good Samaritan Hospital Rezoning (PDC 22-132): Staff presented the rezoning to allow phased redevelopment of the hospital campus to meet seismic standards (SB 1953). The applicant explained the need for replacement hospital wings, parking structures, and a medical office building. Environmental review certified without significant changes. Public comments highlighted HCA's historical divestments. Commissioner Olivario moved to approve staff recommendation (no second). Commissioner Young then moved to deny the staff recommendation (seconded by Vice Chair Cantrell), citing inconsistency with General Plan policies ES 6.1 and 6.3 regarding health care facility impacts and community benefits. After discussion, the motion to deny the rezoning ordinance passed 7-1 (Commissioner Oliverio dissented). The commission did not act on the EIR certification, effectively deferring to city council.
Key Outcomes
- Plaza Jewelers (Item 4D): Approved with modified conditions (7-1). Staff directed to work with applicant to finalize conditions for city council consideration.
- Emergency Shelter Zoning (Item 4E): Approved (7-1). Recommended to city council for adoption on November 19, 2024.
- Good Samaritan Hospital (PDC 22-132): Commission recommended denial of the rezoning ordinance (7-1) based on inconsistency with Envision San Jose 2040 General Plan policies ES 6.1 and 6.3. The EIR certification was not acted upon; the recommendation goes to city council.
Meeting Transcript
Good evening, everyone. My name is Anthony Tordillos, 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. And to the Republic for which it stands under God and indivisible with liberty and justice for all. Thank you. We will now move on to roll call. My name is Anthony Tordillos, and I am here. Vice Chair Cantral. Here. Commissioner Barroso. Here. Commissioner Bandal. Here. Commissioner Bickford. Commissioner Larnois? Here. Commissioner Oliverio. Commissioner Rosario. Here. Commissioner Young. Here. All right, that's seven in attendance, two absence. So we have quorum. 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 audio visual technician and deposit the completed card in the basket. There are also speaker cards in the back of the chamber 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 comment period, the chair will call out the 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 public testimony, the applicant or 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, pre-zonings, general plan amendments, and code amendments is only advisory to the city council. The City Council will hold hearings on these items. Section 20.120.400 of the municipal code provides the procedures for legal protests to the City Council on rezonings and pre-zonings. The Planning Commission's action 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. Okay, 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.
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