San Jose Planning Commission Meeting - February 12, 2025
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San Jose Planning Commission Meeting – February 12, 2025
The San Jose Planning Commission met on February 12, 2025, at 6:30 PM (adjourned 7:31 PM) with seven commissioners present (two absent) to consider two main items: a site development permit for a 118-unit residential project at 380 North First Street (consent calendar) and a planned development permit for off-sale alcohol at 1610 McKee Road (public hearing). Both items resulted in recommendations to the City Council.
Consent Calendar – 380 North First Street Residential Project
- Project Details: Demolition of a 12,000 sq ft eligible city landmark office building and construction of a seven-story, 118-unit residential building with 74 automated parking spaces on a 0.49-acre lot. Six units are affordable to very low-income households (5% of total). The applicant requested one density bonus concession (reduced private open space) and three waivers (building step-back, landscape buffer, transformer screening). Density is 244 dwelling units per acre.
- Environmental Review: A final EIR was certified, identifying a significant unavoidable impact on historic resources due to demolition. Mitigation measures reduce other impacts to less-than-significant levels. The environmentally superior alternative (reduced density preservation) would provide at least 30% fewer units.
- Public Comments: Eli Robles (Carpenters Union Local 405) opposed the project without strong labor standards, arguing wage theft and worker misclassification occur unchecked. Alex Shore (Catalyze SV) supported the project (scored 3.5/5 in 2023) but noted concern that affordable housing was reduced from 15% to 5% on-site.
- Applicant Response: Eric Shane Hauer noted extensive community engagement, the site's underutilization (vacant 9 months, 60% vacant over 5 years), and blight. He defended the Responsible Contractor Ordinance as a sufficient check on wage theft.
- Outcome: Motion to approve staff recommendation (certify EIR and approve site development permit) passed unanimously (7–0, with two absent).
Public Hearing – 1610 McKee Road Alcohol License
- Project Details: A planned development permit and determination of public convenience or necessity (PCN) for a Type 21 off-sale alcohol license at a 2,376 sq ft convenience store (101 Mini Mart). Alcohol would occupy 5% of floor area (three coolers and behind counter). Store hours 7 am–midnight, two employees on-site.
- Staff Recommendation: Denial, citing inconsistency with General Plan (limiting alcohol access), PCN findings: location in a Strong Neighborhood Initiative area, fifth off-sale establishment within 1,000 ft, within 500 ft of Anne Darling Elementary School (property line to property line), and census tract overconcentration (five existing licenses vs. one authorized by population). Staff found no features differentiating the proposal from existing outlets.
- Public Comments: Danny Garza (Plata Royal Neighborhood Association) opposed, noting neighborhood and councilmember opposition, existing safety issues, and a fatal accident at the crosswalk. Wendy (Lucky Seven owner) opposed, citing children walking to school and potential harm. Rosa Enriquez supported the project, seeing no problem.
- Applicant Presentation: The owner (name not given) argued that the school entrance is over 1,000 ft away, that only four licenses are active (gas station not selling since 1985), and that his business needs alcohol sales to survive (citing a prior store where sales tripled with alcohol). He stated he invested $180,000 based on earlier perceived support from planning staff. In response to a commissioner question, he confirmed the business would be economically unfeasible without alcohol.
- Commission Discussion: Commissioners expressed sympathy but weighed the staff recommendation, overconcentration, and school proximity. Vice Chair Cantrell noted liquor licenses are unique and can bring trouble. Commissioner Young made a motion to approve staff denial, seconded by Commissioner Lardnois.
- Outcome: Motion to approve staff recommendation (denial) passed 6–1 (Commissioner Bendal dissenting; two absent).
Other Business
- Referrals: None.
- Good and Welfare: Report on recent City Council actions: approval of rezoning at 130 Stockton Avenue for residential conversion and off-sale license for La Plaza Market (unanimous).
- Upcoming: Study session on Housing Catalyst Work Plan scheduled for March 12, 2025.
Key Outcomes
- 380 North First Street: Approved unanimously (7–0) to recommend City Council certify the EIR and approve the site development permit.
- 1610 McKee Road: Denied (6–1) to recommend City Council reject the planned development permit and PCN.
- Meeting adjourned at 7:31 PM.
Meeting Transcript
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. Thank you. We will now move on to roll call. First up is Vice Chair Cantrell. Here. Commissioner Brosio. Here. Commissioner Pendal. Here. Commissioner Bickford. Commissioner Lard Nois. Here. Commissioner Oliverio. Commissioner Rosario. Commissioner Young. Here. Myself here. That's seven in attendance, two absent, so we have quorum. All right, we will now move on to the summary of hearing procedures for this evening. If you want to address the commission, please fill out a speaker card located on the table near the audiovisual 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 andor 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 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 staff reports for the meeting may be accessed on the city's website. All right, we'll now move on to call to order and orders of the day. 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. This meeting of the planning commission will now come to order. All right, and first up this evening, we have public comment. Now is the time for public comment to the planning commission on non-agendized items.
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