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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

San Jose Planning Commission Meeting - January 22, 2025

Planning Commission — Wednesday, January 22, 2025

BodySan Jose, California

SessionPlanning Commission

DateWednesday, January 22, 2025

StatusFILED

Video Record

0:00 / 31:41

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

0:16

Good evening everyone.

0:17

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

0:21

Welcome to this Planning Commission meeting.

0:23

Please remember to turn off your cell phones.

0:25

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

0:30

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

0:36

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

0:54

Liberty and Justice for All.

1:02

Thank you.

1:03

We will now move on to roll call.

1:05

Vice Chair Cantrell.

1:09

Commissioner Barossio.

1:11

Here.

1:12

Commissioner Bendal.

1:14

Here.

1:15

Commissioner Bickford.

1:17

Here.

1:18

Commissioner Lornois.

1:20

Here.

1:21

Commissioner Oliverio.

1:25

Commissioner Rosario.

1:28

Commissioner Young?

1:29

Here.

1:30

Myself here.

1:32

So that's seven in attendance, two absence, so we have quorum.

1:37

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

1:40

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.

1:48

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

1:52

The procedures for this hearing are as follows.

1:55

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

2:00

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.

2:08

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

2:12

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

2:19

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.

2:26

Speakers using a translator will have double the time allotted.

2:30

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

2:36

Planning commissioners may ask questions of the speakers, response to commissioner questions, do not reduce the speaker's time allowance.

2:43

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

2:47

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

2:53

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.

3:05

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

3:11

The City Council will hold public hearing on these items.

3:14

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

3:22

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.

3:30

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

3:36

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

3:39

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

3:45

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

3:50

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

3:54

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

3:59

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.

4:12

First up on the agenda is public comment.

4:52

Okay, not seeing anyone move forward, so we will move on to deferrals and removals from the calendar.

5:00

Any items scheduled for hearing this evening for which deferral is being requested will be taken out of order to be heard first on the matter of deferral or removal.

5:05

Staff will provide an update on the items for which deferral or removal is being requested.

5:09

If you want to change any of the deferral dates recommended or speak to the question of deferring or removing these or any other items, you should say so at this time.

5:17

And we have two items noticed for deferral today.

5:20

Item A is uh GP 18-012 PDC PDC 23-009 and ER23-056, which relates to a city initiated general plan amendment.

5:31

And item B is Burbank 45, C21-034, GP23-001, H23-005, T23-003, and ER23-026, all related to annexation of some properties and a related site development permit.

5:48

Staff, do we have any commentary on these deferrals or any other items to defer today?

Discussion Breakdown — Share of Meeting

Procedural█████████████████████████████████████████████49%

Technology and Innovation█████████████████████23%

Public Safety██████████████15%

Environmental Regulation████████9%

Transportation████4%

Summary of Proceedings

San Jose Planning Commission Meeting - January 22, 2025

The San Jose Planning Commission met on January 22, 2025, at 6:30 PM (UTC) to consider routine consent calendar items, hear public testimony on a proposed telecommunications tower, and receive updates from City Council. The meeting was chaired by Anthony Tordillos with seven commissioners present at roll call and two absent (Commissioner Rosario and initially Commissioner Oliverio, who later joined). The commission approved most consent calendar items and voted to approve a conditional use permit for an 85-foot lattice tower, with one commissioner dissenting.

Consent Calendar

The consent calendar included four items: A) Approval of December 4, 2024 meeting minutes; B) Conditional use permit (CP24-020/ER24-131) for an 85-foot lattice tower at 2268 Will Drive; C) Conditional use permit (CP24-022/ER24-159) for an 85-foot lattice tower at 12329 Mabury Road; D) Conditional use permit (CP24-027/ER24-192) for off-sale beer and wine at a 14,000 square foot grocery store at 1915 West San Carlos Street.
Item C was pulled from the consent calendar due to public comment. The commission voted unanimously (8-0-1, with Commissioner Rosario absent) to adopt the remaining three items.

Public Comments & Testimony

Item C (12329 Mabury Road tower): Two residents spoke in opposition. Nitin Valentine, a nearby resident, expressed concerns about construction dust, lightning hazards, property devaluation, and visual impact. Giovanna Medi, also from the Creekland Circle community, cited previous construction dust that damaged her plants and argued the 85-foot tower (equivalent to an eight-story building) would lower property values and change the skyline. Both requested the commission block the project.
The applicant, Scott Hoffman of San Jose Water Company, used his five-minute presentation and subsequent five-minute rebuttal to emphasize the necessity of the tower for remote water meter reading, the site's history as a well site, and the 150-foot setback from residential properties. He warned that rejecting the location would require finding another site, potentially causing similar or greater disruption.

Discussion Items

Item C – 85-foot Lattice Tower at 12329 Mabury Road: Staff planner Rena Sha presented the project, noting it is a private communications network for San Jose Water Company to read water meters remotely. The tower is 85 feet high, set back 115 feet from the eastern property line, and uses a radio band at 1.9 milliwatts (92% less than FCC maximum). The site is triangular, bounded by Penitentia Creek and residential development, and accessed via a 20-foot driveway. The project is categorically exempt under CEQA Section 15303. One resident had previously objected, but the applicant responded to concerns. Staff recommended approval.
Commissioner discussion: Vice Chair Cantrell asked about dust mitigation; staff confirmed standard environmental conditions (Condition 23) would apply. Commissioner Barrosio questioned whether the tower could be placed at the nearby BART flea market or partnered with other agencies; the applicant stated they only use their own properties and that alternative sites would require propagation studies. Commissioner Barrosio also asked about alternative technologies; the applicant explained that a radio network is the only viable option for real-time meter reading. Commissioner Bickford inquired about the number of similar towers already installed; the applicant stated one lattice tower has been built (85 feet), and six antennas have been placed on tanks, with a total of nine antennas planned. The chair asked about lightning and wildfire risk; staff said building permits would ensure structural soundness, and the site's limited vegetation reduces fire risk.

Key Outcomes

Item C (CP24-022/ER24-159): Motion to approve the staff recommendation for the conditional use permit passed 6-1-2 (Commissioner Barrosio voted no; Commissioner Lardnois stepped out and did not vote; Commissioner Rosario absent; Commissioner Oliverio, who joined later, voted yes). The permit allows construction of an 85-foot lattice tower and related equipment at 12329 Mabury Road for remote water meter data collection.
City Council Report: Staff reported that on December 10 and 17, 2024, the City Council approved several items previously seen by the Planning Commission, including the General Plan annual report, growth area incentives for multifamily housing, the Paseo de Saratoga project, SB 1333 rezonings, NBD overlay ordinances, and a ministerial approval ordinance.
The meeting adjourned at 7:01 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. Liberty and Justice for All. Thank you. We will now move on to roll call. Vice Chair Cantrell. Commissioner Barossio. Here. Commissioner Bendal. Here. Commissioner Bickford. Here. Commissioner Lornois. Here. Commissioner Oliverio. Commissioner Rosario. Commissioner Young? Here. Myself here. So that's seven in attendance, two absence, so 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 procedures for this hearing are as follows. After the 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 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, do 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 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 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 pre-zonings. 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. Okay, we'll move on to call to order and orders of the day. Before we begin, I want to remind 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.

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