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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Historic Landmarks Commission Meeting - February 7, 2025: Gateway Tower Hardship Denial

Planning Commission — Friday, February 7, 2025

BodySan Jose, California

SessionPlanning Commission

DateFriday, February 7, 2025

StatusFILED

Video Record

0:00 / 1:53:49

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

0:02

I'd like to welcome everyone to the Historic Landmarks Commission meeting.

0:06

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

0:15

So the roll call starts with Commissioner Galandari.

0:19

I believe she is absent today.

0:22

Commissioner Cohen.

0:24

Sir.

0:25

We welcome you.

0:27

Thank you.

0:27

Thank you for joining our commission.

0:30

We're really happy that you're back with us.

0:33

Commissioner Camuso here.

0:36

Commissioner Baina Wall.

0:38

Sure.

0:38

Welcome to you as well.

0:40

We're so happy you've joined us.

0:42

We're very happy that you're going to be part of us.

0:46

Commissioner Arnold.

0:49

He is not here.

0:50

Vice Chair Royer is also not here.

0:53

I am here, Chair Bain.

0:56

And we have a special, we have a few special guests, but I wanted to bring out one in particular, our counts, one of the council members of San Jose, Michael Mulcahi.

1:08

Would you stand and say hi?

1:11

Thank you very much for coming.

1:14

So a sign.

1:16

Yes.

1:17

Not fine.

1:18

I'm so glad you're here.

1:20

Never had a commission.

1:23

Why don't you have me know where I'm supposed to sit?

1:28

You're welcome to sit anywhere.

1:31

If you'd like to sit up here in front, you're more than welcome.

1:37

So we're waiting for a screen to be put up, but I'm going to go ahead nonetheless with the procedure for the hearing as follows.

1:45

After the staff report, applicants and appellants may make a five-minute presentation.

1:50

I will be a stickler on time as we have several items on the agenda.

1:54

If you wish to speak on an item, complete a card and bring it to Historic Preservation Officer Peak Edwards.

2:03

And when I receive your card, I will then call you forward.

2:07

Speak.

2:08

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

2:16

At the discretion of the chair, the time allotted to each speaker may be changed depending on the number of items on the agenda, the number of speakers, and other factors.

2:26

Speakers using a translator will have double the time allotted.

2:31

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

2:38

Historic landmarks commissioners may ask questions of the speakers.

2:43

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

2:49

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

2:55

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

3:03

If a commissioner would like a topic to be addressed under one of the good and welfare items, please contact planning staff in advance of the mission of the commission meeting.

3:14

All public records relating to an open session item on the agenda, which are not exempt from disclosure pursuant to California Public Records Act that are distributed to a majority of the legislative body will be available for public by emailing planning support staff at San Jose California.gov.

3:34

At the same time that the public records are distributed or made available to the legislative body.

3:41

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

3:50

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

3:57

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

4:02

All members of the Historic Landmarks Commission, staff, and public are expected to refrain from abusive language.

4:10

Repeated failure to comply with the code of conduct, which will disturb or disrupt or impede the orderly conduct of this meeting may result in removal from the meeting.

4:21

This meeting of the Historic Landmarks Commission will now come to order.

4:28

We'll start with the deferrals, which is item number one.

4:34

There are no items on this, so we will continue to item number two consent calendar.

4:40

Again, we find no items.

4:43

Item number three is public hearings.

4:47

If anyone in the audience wishes to speak on this item, please make your request at this time.

4:54

Again, by bringing a card up to Ms.

Discussion Breakdown — Share of Meeting

Historic Preservation█████████████████████████████████████████████58%

Affordable Housing████████████15%

Procedural███████9%

Public Comment█████6%

Miscellaneous██3%

Parks and Recreation██3%

Histordic Preservation██2%

Parking██2%

Arts and Culture█1%

Summary of Proceedings

Historic Landmarks Commission Meeting - February 7, 2025

The Historic Landmarks Commission (HLC) met on February 7, 2025, to consider a historic preservation permit (HP 24-001) for the Gateway Tower project, a proposed 15-story, 220-unit affordable housing development at 465-467 South First Street and 470-480 South Market Street. The project required partial demolition of the city landmark Doc Harold building (eligible for National Register), retaining only the street-facing facades. Staff recommended approval under hardship, but the commission voted 3-1 to recommend denial of the permit.

Public Comments & Testimony

Mike Sadegrant, representing PAC San Jose, expressed general opposition to facadism but said the applicant acted in good faith and supported the project as proposed. He also raised concerns about the lack of consistent evaluation criteria for hardship proformas. No other public speakers testified on the item.

Discussion Items

Staff Presentation: Angela Wang (project manager) and Bethlehem (environmental manager) presented the project. The 2016 approval for a 25-story, 300-unit market-rate project was not feasible. The new 100% affordable project includes 220 units, 89 parking spaces, and a historic display. The environmental addendum will be posted February 14. Staff found the project inconsistent with two land use policies regarding preservation, and non-conforming with four of ten Secretary of Interior standards. They recommended approval under hardship.
Applicant Presentation: Eric Schenauer (land use consultant), Laura Dolski (architect), and Aaron Barger (project manager) presented the design, emphasizing retention of facades on First and Market Streets, a historic display for Doc Harold, and financing through Measure A and state funds. They noted the project is economically infeasible without the hardship permit.
Commissioner Questions and Comments:
- Commissioner Camuso asked about setbacks (4 feet on First, 1 foot on Market) and interior significance. The applicant said interiors have been heavily altered, but some materials may be reused.
- Commissioner Galandari (absent) submitted questions read by the chair: asked why an alternative retaining the landmark with fewer units wasn't analyzed; requested clarification on compliance with Secretary Standards 6 and 7; and asked for confirmation that the landmark could not be feasibly retained.
- Commissioner Cohen opposed the project, citing the building's eligibility for National Register, the loss of a historic resource for a smaller project than the 2016 approval, and questioned the need for parking. He argued the hardship justification was insufficient.
- Commissioner Bainawal noted the prior 2016 approval and suggested improvements to the facade materials (more brick/wood, less glass) and lighting of the historic display. She was hesitant to deny but open to conditions.
- Commissioner Camuso also expressed concerns about the harsh modern design and the need for more study.
- Commissioner Cohen and Camuso favored denial based on lack of convincing hardship proof; Commissioner Bainawal opposed denial.

Key Outcomes

Motion: Commissioner Cohen moved to recommend denial of the historic preservation permit under the hardship finding (Section 13.48.260) due to lack of convincing proof of hardship. Commissioner Camuso seconded.
Vote: The motion passed 3-1 (Commissioners Cohen, Camuso, and Chair Bain in favor; Commissioner Bainawal against). The recommendation will be forwarded to the planning director for the upcoming hearing.
Other Business:
- The commission approved the November 6, 2024 meeting minutes (4-0).
- Open forum included a request to advance a demolition-by-neglect ordinance and a request for HLC to comment on San Jose State University's master plan (deadline March 3).
- Commissioners discussed future agenda items: adaptive reuse incentives, financial hardship guidelines, and signage for historic districts.

Next Meeting

The next HLC meeting is scheduled for March 5, 2025, at San Jose City Hall, Wing Room 118-120.

Meeting Transcript

I'd like to welcome everyone to the Historic Landmarks Commission meeting. Following roll call during our summary of hearing procedure, we will review how the public may provide comment during today's session. So the roll call starts with Commissioner Galandari. I believe she is absent today. Commissioner Cohen. Sir. We welcome you. Thank you. Thank you for joining our commission. We're really happy that you're back with us. Commissioner Camuso here. Commissioner Baina Wall. Sure. Welcome to you as well. We're so happy you've joined us. We're very happy that you're going to be part of us. Commissioner Arnold. He is not here. Vice Chair Royer is also not here. I am here, Chair Bain. And we have a special, we have a few special guests, but I wanted to bring out one in particular, our counts, one of the council members of San Jose, Michael Mulcahi. Would you stand and say hi? Thank you very much for coming. So a sign. Yes. Not fine. I'm so glad you're here. Never had a commission. Why don't you have me know where I'm supposed to sit? You're welcome to sit anywhere. If you'd like to sit up here in front, you're more than welcome. So we're waiting for a screen to be put up, but I'm going to go ahead nonetheless with the procedure for the hearing as follows. After the staff report, applicants and appellants may make a five-minute presentation. I will be a stickler on time as we have several items on the agenda. If you wish to speak on an item, complete a card and bring it to Historic Preservation Officer Peak Edwards. And when I receive your card, I will then call you forward. Speak. 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, the number of speakers, and other factors. Speakers using a translator will have double the time allotted. After the public testimony, the applicant may make closing remarks for up to an additional five minutes. Historic landmarks commissioners may ask questions of the speakers. Response to the commissioner questions will not reduce the time allowance of the speaker. The public hearing will then be closed, and the historic landmarks commission will take action on the item. The commission may request staff to respond to the public testimony, ask staff questions, and discuss the item. If a commissioner would like a topic to be addressed under one of the good and welfare items, please contact planning staff in advance of the mission of the commission meeting. All public records relating to an open session item on the agenda, which are not exempt from disclosure pursuant to California Public Records Act that are distributed to a majority of the legislative body will be available for public by emailing planning support staff at San Jose California.gov. At the same time that the public records are distributed or made available to the legislative body. Before we begin, I want to remind the Historic Landmarks Commission members and members of the public of our code of conduct at meetings. This includes commenting on the specific agenda item only and addressing the full body.

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