San Jose Planning Director's Hearing – December 4, 2024
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San Jose Planning Director's Hearing – December 4, 2024
The meeting convened at 9:57 a.m. (adjournment) to consider several items, including a deferral, a consent calendar, and two public hearing items. The hearing officer approved a deferral, a consent calendar item, and two major development permits after receiving public testimony and staff presentations.
Consent Calendar
- Item 3B (SP 24-013, ER24-076) – Approved without public comment. This special use permit allowed tree removal for a duplex addition and detached garage at 5092 and 5090 (address incomplete).
Public Comments & Testimony
- Item 3A (Caltrain project):
- Jordan Moldell (District 3 resident) expressed disappointment in the high number of vehicle parking spaces (noting AB 2097), concern that it would induce driving and endanger cyclists on San Fernando Street, but praised the bicycle parking provision.
- David Beatty (Executive Director, Santa Clara & San Benito Counties Building Trades Council) spoke in support of the project, urging a Project Labor Agreement (PLA) to ensure livable wages and apprenticeship standards.
- Eli Robles (Carpenter's Local 405) supported the project and urged union labor standards.
- Item 4A (Tesla/Arcadia project):
- Samir questioned whether the auto service use (with electric batteries) should be classified as light industrial rather than commercial, and raised concerns about the environmental impact report.
- Eli Robles (Carpenter's Local 405) opposed the project, stating the developer chose a contractor with a labor dispute that pays workers $20/hour, calling it exploitation.
- Kiki (chairwoman, Tamien Nation) requested that cultural monitors be present during ground disturbance, noting a prior discovery of human remains nearby. She stated an agreement had been reached with Arcadia but was stalled due to Arcadia’s demand for $4 million in insurance, which she called unattainable for tribal monitors.
- Adenola Kilo (resident of adjacent Astronaut community) voiced safety concerns about traffic, speeding cars on single-lane streets, Tesla’s history of improper hazardous waste disposal, and proximity to a softball complex used by children and seniors.
- Tracy Carrasco (Tamien Nation) reiterated the request for a monitoring agreement as a condition of approval, asking the director to delay approval or require the agreement.
Discussion Items
- Item 2A (Deferral) – H24-037 and ER24-154: A site development permit for a 412 sq ft addition and 480 sq ft covered patio, plus legalization of a front bay window at 2107 Short Rich Avenue. Deferred to January 8, 2025, at staff’s request.
- Item 3A (H22-031, ER22-186) – Caltrain project: Site development permit for removal of 86 trees (68 ordinance-size, 18 non-ordinance) and construction of two 16-story commercial office buildings (total ~1.2 million sq ft) on 3.09 acres west of South Montgomery Street. The project includes four levels of underground parking, bicycle parking, ground-floor retail, and a publicly accessible plaza. Staff presented findings of consistency with the Downtown Strategy 2040 EIR addendum, zoning, and design guidelines. The applicant (Nadine Vogerty, Caltrain TOD director) emphasized the transit-oriented location adjacent to Diridon Station and future BART, community outreach, and a planned PLA. In response to parking concerns, she noted the amount was market-feasible and consistent with area projects; parking would be publicly accessible. The project was approved.
- Item 4A (PD 23-017, ER23-209) – Tesla/Arcadia project: Plan development permit for a 50,323 sq ft auto sales and service building on 3.6 acres west of Elverley Place. Staff confirmed the use is allowed in the PD zoning district (citing CN and CP allowed uses). The project includes an infill exemption under CEQA. Public comments raised concerns about use classification, labor standards, tribal cultural resources, traffic, and hazardous waste. Staff responded that the site is within a planned development zone, fire code compliance will be enforced, traffic impact fees will be paid, and cultural resource conditions (monitoring by a culturally affiliated tribe) are required but the city does not specify a particular tribe or insurance terms. The applicant (Michael Fletcher, Arcadia Development) stated insurance requirements are set by their insurer and have been lowered as much as possible; another tribe has met the same requirements. The project was approved.
Key Outcomes
- Item 2A – Deferred to January 8, 2025.
- Item 3B – Approved without discussion.
- Item 3A – Approved (director’s decision). Staff recommendation to consider the CEQA addendum and approve the site development permit was adopted.
- Item 4A – Approved (director’s decision). Staff recommendation to consider the CEQA exemption and approve the plan development permit was adopted. The hearing officer noted that any tribal monitoring agreement must be executed before ground disturbance, but the city does not mediate private insurance disputes.
Meeting adjourned at 9:57 a.m.
Meeting Transcript
The public member participate by following the instructions listed on page two of the agenda. If you would like to provide public comment, you have two methods to identify yourself to provide public comments. Participants who join electronically and have audible input available on your computer or smartphone, you can use the raise hand feature in Zoom or click star nine on your phone if you dialed in. So quest to speak when your items being heard on the agenda. Keep your raise hand feature on until staff identifies your turn to speak. During the meeting, you may also call 408-535-3505 or email planning support staff at San Jose CA.gov. Identify your name that's listed on Zoom or phone number that you called in Zoom with. What items or items you would like to be comment on. All members of the public will remain on mute until staff identifies their turn to speak and you are unmuted. At that time, you'll be unmuted and can provide comments during the allotted time. If we see your allotted time, you may be muted, or we can so that we can move on to the next speaker. Please note the following. The hearing procedure and order input will be as followed. I'll identify each project as described on the agenda for those items on the consent calendar. I'll ask anyone who wishes to speak on the item. If a separate discussion is warranted, I'll move that item to the public hearing portion of the agenda. If a separate discussion is not eated, the item will remain in the consent calendar for approval. For those items listed under public hearing, I will ask staff to approve to provide a brief report. The applicant or the resident who wishes to speak on the item will have up to five minutes to speak and should identify themselves by stating the name for the record. After the applicant or the representative has spoken, any member of the public who wishes to speak on the item may provide testimony up to two minutes per speaker, either for or against the project. All members of the public should identify their name for the record. Following comments for the public, the advocate may make additional remarks for up to five minutes. I'll then close the public comment and I may ask staff to answer questions, respond to them made by the applicant or the public or further discuss the item. I will take action on the item. If you challenge these line use decisions in courts, you may be limited to raising only those issues or someone else raised at the public hearing or in main correspondence delivered to the city at or prior to the public hearing. The priority director's action agenda has to be final when the permit is signed and mailed, unless the permit or the environmental determination is appealed. The plan director's action on the permits are appealable in accordance with the requirements of title 20 in the Saudi Code. Plan director's action on the environmental review for the permits under the California Environmental Quality Act are separately appealable in accordance with requirements of Title 21 of the Spati Code. But before we begin, I want to remind members of the public to follow our code of conduct at this meeting. This includes commenting on the specific items only. Public speakers will have will not engage in a conversation with the hearing officer or staff. The hearing officer 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. They result in the move from the meeting. This meeting of the director's hearing will now come to order. First, moving to the item of deferral. Any item scheduled for hearing this morning for which the furrow for a future meeting date is being requested. We move to this portion of the agenda and consideration on the matter of referral. I'll identify any items to be deferred and ask for comments from the audience. If you want to speak on any of the furrow dates or speak to the question, deferring any on the on the any other item, please use the raise hand feature in Zoom or click star line and raise your hand. I will now open the public hearing. The following items are proposed for deferral. Item 2A, H24-037 and ER24-154. Is a site development program for the construction of approximately 412 square foot addition and approximately 480 square foot covered patio in the rear yard and legalization of unpermitted front bay window to a legal non-conforming approximately 961 square foot single family house on approximate 0.5 gross acre site located at 2107 Short Rich Avenue. Secret pursuance scene guidelines in the existing facility. Director's hearing per staff's request. Is anybody uh wish to speak on this matter of deferral for item 2A? Once again, does anybody want to speak on the matter of referral on item 2A? All right, you don't see any hands being raised. So item 2A is now deferred to director's hearing on January 8th, 2025.
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