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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

San Jose Planning Commission Meeting - December 4, 2024

Planning Commission — Wednesday, December 4, 2024

BodySan Jose, California

SessionPlanning Commission

DateWednesday, December 4, 2024

StatusFILED

Video Record

0:00 / 2:12:55

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:27

At this time, if you're able, please join me in rising for the Pledge of Allegiance.

0:35

I pledge allegiance to the flag of the United States of America.

0:54

Thank you.

0:55

We will now move on to roll call.

0:57

Vice Chair Cantrell.

1:00

Here.

1:01

Commissioner Barosio.

1:03

Here.

1:04

Commissioner Bendal.

1:06

Here.

1:06

Commissioner Bickford.

1:09

Here.

1:10

Commissioner Laudenois.

1:12

Here.

1:12

Commissioner Oliverio.

1:14

Here.

1:15

Commissioner Rosario.

1:16

Here.

1:17

Commissioner Young?

1:18

Here.

1:19

Myself here.

1:21

So that is nine in attendance, and we have quorum.

1:24

Okay, we will now move on to summary of hearing procedures.

1:28

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.

1:35

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

1:39

The procedure for this hearing is as follows.

1:41

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

1:46

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.

1:54

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

1:57

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

2:03

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.

2:10

Speakers using a translator will have double the time allotted.

2:14

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

2:20

Planning commissioners may ask questions of the speakers.

2:22

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

2:26

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

2:30

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

2:35

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.

2:47

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

2:53

The City Council will hold public hearing on these items.

2:56

Section 20.120.400 of the municipal code provides the procedures for legal protests to the City Council on rezonings and pre-zonings.

3:12

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

3:16

All right, we'll move on to call to order and orders of the day.

3:20

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

3:25

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

3:29

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

3:34

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

3:39

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.

3:51

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

3:53

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

3:57

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

4:00

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

4:13

Responding to statements made or questions posed by members of the public, or requesting staff to report back on a matter at a subsequent meeting, or directing staff to place the item on a future agenda.

4:25

And I do not have any speaker cards requesting public comment.

4:29

Sorry, is this for an agendized item or non-agendized?

4:33

Okay, then you can come down to the podium at this time.

4:35

Thank you.

4:44

And if you could just state your name for the record, and then you'll have two minutes.

5:00

But I would also like to ask in the future if you can consider going back and taking some of the things that we learned through COVID, which was having open meetings and Zoom input for those of us who have a little difficulty get down here.

5:16

I had to have the blessed opportunity to take care of my two-year-old granddaughter, who is too fast and too furious for me.

Discussion Breakdown — Share of Meeting

Land Use█████████████████████████████████████37%

Community Engagement██████████████████18%

Procedural████████████12%

Public Comment███████████11%

Housing████████8%

Environmental Regulation██████6%

Affordable Housing█████5%

Public Works██2%

Historic Preservation█1%

Summary of Proceedings

San Jose Planning Commission Meeting - December 4, 2024

The San Jose Planning Commission met on December 4, 2024, at 6:30 PM. The meeting included a consent calendar, two public hearing items, and public comment. The commission approved a deferral, adopted the consent calendar, recommended approval of an ordinance to allow residential uses in three neighborhood business districts, and recommended approval of a streamlined review process for infill housing projects.

Consent Calendar

Item A: Minutes from the November 20, 2024 meeting were approved.
Item B: CP24-023 and ER24-094, a conditional use permit for a utility facility including an 85-foot lattice tower at 3601 Williams Road, was approved.
The consent calendar was adopted by a unanimous vote of 9-0.

Public Comments & Testimony

Non-agendized Public Comment: One speaker requested that the city consider reinstating remote public comment, noting the difficulty of attending in person. Commissioner Lardnois requested staff to ask the city clerk for an update on remote public comment.
Public Hearing on PP24-011 (Streamlined Review): Multiple speakers addressed the commission:
- Sandra Delvin opposed the elimination of public comment, stating, "We need more public comment and outreach." She requested more time and outreach, including from the new council members.
- Rick Aitor argued that the absence of community input and environmental reviews is a significant concern, stating, "No one in the city feels like they have a say."
- Jake Wilde (Catalyze SV) supported the policy, noting it was part of the housing element, and suggested that the only thing worse than no community meeting is a frustrating one.
- Manuel Salazar (SVM Home) strongly supported the ordinance, emphasizing the need to reduce costs and meet housing goals, and requested future expansions.
- Elizabeth Conlin (South Bay YIMBY) urged bold action, arguing the proposed policy is too narrow and should be expanded to more areas and allow limited waivers.
- Dan Brown opposed bypassing neighborhood input, stating, "Not having the neighbors input is kind of starting off being a bad neighbor."

Discussion Items

PP24-010: Ordinance Update for Residential Uses in Neighborhood Business Districts (NBDs): Staff presented a city-initiated ordinance to allow residential uses with specific development standards in the Japantown (Taylor Street only), North 13th Street, and Willow Glen NBDs. The ordinance updates the zoning map and code to implement a 2021 General Plan amendment. Community meetings were held in October 2024 with 6, 14, and 33 attendees, respectively. The proposed development standards include maximum densities of 50-65 dwelling units per acre and heights of 50-65 feet, with commercial replacement requirements. The commission discussed the no-net-loss provision (SB 330) and the HCD deadline. Commissioner Lardnois moved to approve the staff recommendation, seconded by Vice Chair Cantrell. The motion passed 9-0.
PP24-011: Streamlined Review Process for Infill Housing: Staff presented an ordinance to create a local ministerial approval process for eligible residential projects, as required by Housing Element Program P7. The ordinance would apply to approximately 600 acres in growth areas (urban villages, specific plans, station areas) and require a minimum density of 40 dwelling units per acre, no demolition of rent-controlled or recently occupied units, and compliance with objective standards. Projects would be exempt from CEQA and public hearings. Standard permit conditions were introduced for air quality, biological resources, hazards, noise, vibration, and tribal cultural resources. Staff noted that the average review time for ministerial permits is 10 months vs. 20 months for discretionary permits. Public outreach included a virtual meeting with 30 participants and meetings with stakeholder groups. Commissioner Lardnois moved to approve the staff recommendation, seconded by Commissioner Young. After extensive discussion (including concerns about public input, the pace of development, and the need to update the community outreach policy), the motion passed 7-1, with Commissioner Oliverio voting no and Commissioner Barosio absent.

Key Outcomes

Deferral: CP 24-016 and ER24-145 (utility facility) were deferred unanimously (9-0).
Consent Calendar: Approved unanimously (9-0).
PP24-010 (NBD Overlay): The commission recommended approval to City Council by a vote of 9-0.
PP24-011 (Streamlined Review): The commission recommended approval to City Council by a vote of 7-1, with one absence. The staff recommendation was amended to include additional standard permit conditions as resolved by the commission.
Referral: Staff was directed to request an update from the city clerk on remote public comment.
Future Action: The City Council will hold public hearings on both ordinance items. The commission noted the importance of updating the community outreach policy (6-30) in 2025 to address public input for ministerial permits.

Meeting Transcript

At this time, if you're able, please join me in rising for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America. Thank you. We will now move on to roll call. Vice Chair Cantrell. Here. Commissioner Barosio. Here. Commissioner Bendal. Here. Commissioner Bickford. Here. Commissioner Laudenois. Here. Commissioner Oliverio. Here. Commissioner Rosario. Here. Commissioner Young? Here. Myself here. So that is nine in attendance, and we have quorum. Okay, 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 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 plan 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 pre-zonings. 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. All members of the planning commission, staff, and the 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 conduct of this meeting may result in removal from the meeting. All right, we'll move on to public comment. Now is the time for public comment to the planning commission on non-agendized items.

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