OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Planning Director Hearing – March 12, 2025: Approval of Affordable Housing Project and Consent Calendar Items

Planning CommissionWednesday, March 12, 2025
BodySan Jose, California
SessionPlanning Commission
DateWednesday, March 12, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

Good morning.

0:01

We are calling to order the planning director hearing of March 12, 2025.

0:05

My name is Davian, and I am the hearing officer for today's agenda on behalf of and delegated by the Director of Planning, Building, and Code Enforcement, Christopher Burton.

0:15

This meeting is being held via Zoom conference call.

0:18

Members of the public may participate by following the instructions listed on page two of the agenda.

0:23

If you would like to provide comment, you have two methods to do so.

0:27

First, for participants who join electronically and have audio input available on their computer or smartphone, they can use the raise hand feature in Zoom during the agenda item they would like to speak or click star nine on their phone.

0:40

Remember to keep your raise hand feature on until planning support staff has identified your turn to speak.

0:47

Alternatively, during the meeting, please call 408 535 3505 or email planning support staff, all one word at San JoseCA.gov and identify your name that is listed on Zoom, phone number that you will be calling into Zoom with, and what item or items you would like to comment on.

1:13

All members of the public will remain on mute until the individual identifies that they would like to speak and they are unmuted.

1:20

Planning support staff will identify you by name when it is your turn to speak.

1:24

At that time, you will be unmuted and can provide comment for the allotted time.

1:28

If you exceed your allotted time, you may be muted so we can move on to the next speaker.

1:33

Please note the following.

1:35

The hearing procedure and order of input will be as follows.

1:39

I will identify each project as described on the agenda.

1:43

For those items on the consent calendar, I'll ask if anyone wishes to speak on the item.

1:47

If a separate discussion is warranted, I will move the item to the public hearing portion of the agenda.

1:53

If separate discussion is not needed, the item will remain on the consent calendar for approval.

1:59

For those items listed under public hearing, I'll ask staff to provide a brief report.

2:04

The applicant or the representative who wishes to speak on the item will have up to five minutes to speak and should identify themselves by stating their name for the record.

2:12

After the applicant or the representatives 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.

2:23

All members of the public should identify their name for the record, although it was not required.

2:28

Following comments from the public, the applicant may make additional remarks for up to five minutes.

2:34

I will then close the public hearing and I may ask staff to answer questions, respond to comments made by the applicant or the public or further discuss the item.

2:42

I will then take an action on the item.

2:45

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.

2:57

The planning director's actions on agenda items will be final when the permit is signed and mailed unless the permit or environmental clearance determination is appealed.

3:05

The planning director's actions on permits are appealable in accordance with the requirements of Title 20 of the Municipal Code, the zoning ordinance, and the planning director's actions on the environmental review for permits under the California Environmental Quality Act are separately appealable in accordance with the requirements of Title 21 of the Municipal Code, Environmental Clearance.

3:26

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

3:31

This includes commenting on specific agenda items only.

3:35

Public speakers will not engage in conversation with the hearing officer or staff.

3:39

The hearing officer, staff, and the public are expected to refrain from abusive language.

3:44

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

3:53

This meeting of the planning director hearing will now come to order.

3:59

First item of consideration is the item of deferrals.

4:04

Any item scheduled for hearing this morning for its referral to a future meeting is being requested will be moved to this portion of the agenda.

4:10

Are there any items for deferral?

4:18

Support staff, have you heard any request for any request to put items to defer any of the items.

4:26

No, we have not.

5:00

If you wish to speak on one of these items, please use your raise hand feature in Zoom or click star nine to raise your hand to speak.

5:05

First item 3A is T24040 and ER24308.

5:12

This is a besting tenant of map to supersede the previously approved vesting tenant of map, bow number T2019, which expired in December 2023 to allow five lots to be merged into one lot on an approximately 0.83 gross acre site located on the southeast corner of West San Carlos Street and Josefa Street, 486 and 498 West San Carlos Street and 332 and 338 Josefa Street.

5:39

UC Madeira is the owner and the council district is council district number three.

5:44

The sequel is a determination of consistency with the downtown strategy 2040 final environmental impact report and addend there too.

5:53

Staff recommendation is to consider the termination consistency with the downtown strategy 2040 final environmental impact report and addenda in accordance with SQL and to approve the vesting tenant of map.

6:06

Item number 3B is file number TE 20-012 and ER25002.

6:16

This is a vesting tenant of map extension to allow 24-month extension of a previously approved vesting tenant of map, T2012 on an approximately 7.42 gross acre site located on the north of Blossom Hill Road, approximately 300 feet easterly of Cheeseboro Avenue at 605 Blossom Hill Road.

6:36

The sequel is a determination of consistency with the environmental impact report for the Blossom Hill Station Project.

6:43

The staff recommendation is to consider the determination of consistency with the environmental impact report for the Blossom Hill Station Project in accordance with CEQA and approve a vesting tenant of map extension.

6:54

Is there anybody who wishes to speak or move any of these two consent calendar items to public hearing?

7:00

I see there's one hand or from first from staff.

7:05

Laura, you wish to speak or clarify about one of these consent items.

7:10

Yes, thank you, hearing officer.

7:12

Um this is Laura Miners, the planning project manager uh for uh 3B and 3A.

7:19

Uh this particular item is for 3A.

7:22

I have a really quick change to condition number 150 of the permit on file for undergrounding of utilities.

7:30

Um, and this change was made based on coordination with the applicant and city departments.

7:35

Uh the following will be added to the condition as well as the director of public works may at his discretion allow the developer to perform the actual undergrounding of all off-site utility facilities fronting the project adjacent to Josepha Street.

7:52

Developer shall submit copies of executive execution executed utility agreements to public works prior to the issuance of a public works clearance.

Discussion Breakdown — Share of Meeting
Affordable Housing████████████████████████████████32%
Land Use███████████████████19%
Environmental Regulation████████████████16%
Transportation Safety████████████12%
Public Comment████████████12%
Procedural█████████9%
Summary of Proceedings

Planning Director Hearing – March 12, 2025

The Planning Director Hearing, convened by Hearing Officer Davian on behalf of the Director of Planning, Building, and Code Enforcement, considered two consent calendar items and one public hearing item. The meeting took place via Zoom and included public testimony, staff presentations, and decisions on a vesting tentative map merger, a map extension, and a site development permit for a 100% affordable housing project.

Consent Calendar

  • Item 3A (T24040/ER24308): Vesting tentative map to merge five lots into one at 486 and 498 West San Carlos Street and 332 and 338 Josefa Street (0.83 gross acres). Owner: UC Madeira. Staff recommended approval with a modification to condition 150 regarding undergrounding of utilities. A speaker noted the council district had been redistricted from 3 to 6 and expressed neighborhood support. The item was approved.
  • Item 3B (TE20-012/ER25002): 24-month extension of a previously approved vesting tentative map on a 7.42-acre site at 605 Blossom Hill Road. Staff recommended approval. No public comments; item approved.

Public Comments & Testimony (Item 4A)

  • Victoria Young (attorney for Laborers International Union of North America, Local 270): Opposed the infill exemption, arguing significant air quality and noise impacts—specifically formaldehyde exposure (cancer risk ~120 per million exceeding threshold of 10 per million) and construction noise up to 88 dBA at nearby residences—precluded reliance on a Class 32 exemption.
  • Mary Voldrama (Chair, Alum Rock Village Action Committee): Expressed concerns about traffic congestion, lack of preparation for additional vehicles (estimated 700 cars from multiple projects), emergency access to the fire station, and need for a concrete divider on Alum Rock Avenue.
  • Councilmember Peter Ortiz (District 5): Supported the project but emphasized the need for community engagement and solutions to environmental and traffic concerns. Requested the developer and staff address those issues.
  • Trudy Larbeck (36-year resident): Opposed reduction or elimination of open space, calling the project oversized for the area.
  • Chris Sazueta (longtime resident): Expressed support for the project as a critical addition of affordable housing during a housing crisis, while urging careful implementation.

Discussion Items

  • Item 4A (H24042/ER24156): Site development permit for demolition of two vacant commercial buildings (former OSH, ~50,900 sq ft) and construction of a six-story, 400-unit 100% affordable residential building (deed-restricted up to 80% AMI, with four manager units not restricted) on a 3.4-acre site at 2940 Alum Rock Road. The project qualified for state density bonus law incentives and waivers: elimination of rear building setback (would lose 14 units), reduction of common open space from 40,000 sq ft to 18,700 sq ft and elimination of private open space (would lose 35 units), and allowance of increased stucco use. The applicant (Darren Barbarian) highlighted a car-sharing program (six stalls, 100% electric, for residents and neighbors) and increased traffic calming contribution from $40,000 to $100,000. Parking provided at 1 space per unit (400 spaces).
  • Staff (Laura Miners, project manager; Charlotte Ewan, environmental; Manjit Fenweight, public works) responded:
    • Air quality: Formaldehyde concerns were deemed not a CEQA impact because the environment’s effect on project residents is not evaluated unless the project exacerbates existing conditions; no such evidence existed. The project will meet latest building codes.
    • Noise: Construction noise per General Plan Policy EC-1.7—substantial noise-generating activities (demolition, grading, etc.) will last only 5 months (under 12-month threshold), and standard permit conditions will mitigate impacts.
    • Traffic: CEQA uses vehicle miles traveled (VMT); the project is affordable and thus exempt from VMT analysis. A local transportation analysis showed Rose Avenue currently carries 2,041 vehicles/day (capacity 3,000); project adds 410 daily trips (20% increase). AM peak: 167 trips; PM peak: 154 trips. The $100,000 contribution will fund future traffic calming measures.
    • Open space waiver: Required to avoid loss of 35 units; state density bonus law allows waivers if standards physically prevent construction. The project provides 18,700 sq ft of common open space in four courtyards.
  • The hearing officer noted the high priority of affordable housing, the city's housing element (62,000 units needed, over 20,000 for low-income), state law limits on discretion, and that all CEQA findings for the Class 32 infill exemption were supported.

Key Outcomes

  • Consent Calendar (Items 3A and 3B): Approved. Item 3A condition 150 modified as stated.
  • Item 4A (H24042/ER24156): The site development permit and infill exemption (Class 32, Section 15332) were approved. The project will proceed with 400 affordable units, density bonus waivers, and conditions including the car-sharing program and $100,000 traffic calming contribution.
  • Adjournment: The hearing was adjourned at 9:43 a.m.

Meeting Transcript

Good morning. We are calling to order the planning director hearing of March 12, 2025. My name is Davian, and I am the hearing officer for today's agenda on behalf of and delegated by the Director of Planning, Building, and Code Enforcement, Christopher Burton. This meeting is being held via Zoom conference call. Members of the public may participate by following the instructions listed on page two of the agenda. If you would like to provide comment, you have two methods to do so. First, for participants who join electronically and have audio input available on their computer or smartphone, they can use the raise hand feature in Zoom during the agenda item they would like to speak or click star nine on their phone. Remember to keep your raise hand feature on until planning support staff has identified your turn to speak. Alternatively, during the meeting, please call 408 535 3505 or email planning support staff, all one word at San JoseCA.gov and identify your name that is listed on Zoom, phone number that you will be calling into Zoom with, and what item or items you would like to comment on. All members of the public will remain on mute until the individual identifies that they would like to speak and they are unmuted. Planning support staff will identify you by name when it is your turn to speak. At that time, you will be unmuted and can provide comment for the allotted time. If you exceed your allotted time, you may be muted so we can move on to the next speaker. Please note the following. The hearing procedure and order of input will be as follows. I will identify each project as described on the agenda. For those items on the consent calendar, I'll ask if anyone wishes to speak on the item. If a separate discussion is warranted, I will move the item to the public hearing portion of the agenda. If separate discussion is not needed, the item will remain on the consent calendar for approval. For those items listed under public hearing, I'll ask staff to provide a brief report. The applicant or the representative who wishes to speak on the item will have up to five minutes to speak and should identify themselves by stating their name for the record. After the applicant or the representatives 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, although it was not required. Following comments from the public, the applicant may make additional remarks for up to five minutes. I will then close the public hearing and I may ask staff to answer questions, respond to comments made by the applicant or the public or further discuss the item. I will then take an action on 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 director's actions on agenda items will be final when the permit is signed and mailed unless the permit or environmental clearance determination is appealed. The planning director's actions on permits are appealable in accordance with the requirements of Title 20 of the Municipal Code, the zoning ordinance, and the planning director's actions on the environmental review for permits under the California Environmental Quality Act are separately appealable in accordance with the requirements of Title 21 of the Municipal Code, Environmental Clearance. Before we begin, I want to remind members of the public to follow our code of conduct at meetings. This includes commenting on specific agenda items only. Public speakers will not engage in 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 orderly contact of this meeting may result in the removal from the meeting. This meeting of the planning director hearing will now come to order. First item of consideration is the item of deferrals. Any item scheduled for hearing this morning for its referral to a future meeting is being requested will be moved to this portion of the agenda. Are there any items for deferral? Support staff, have you heard any request for any request to put items to defer any of the items. No, we have not. If you wish to speak on one of these items, please use your raise hand feature in Zoom or click star nine to raise your hand to speak. First item 3A is T24040 and ER24308. This is a besting tenant of map to supersede the previously approved vesting tenant of map, bow number T2019, which expired in December 2023 to allow five lots to be merged into one lot on an approximately 0.83 gross acre site located on the southeast corner of West San Carlos Street and Josefa Street, 486 and 498 West San Carlos Street and 332 and 338 Josefa Street. UC Madeira is the owner and the council district is council district number three. The sequel is a determination of consistency with the downtown strategy 2040 final environmental impact report and addend there too. Staff recommendation is to consider the termination consistency with the downtown strategy 2040 final environmental impact report and addenda in accordance with SQL and to approve the vesting tenant of map. Item number 3B is file number TE 20-012 and ER25002. This is a vesting tenant of map extension to allow 24-month extension of a previously approved vesting tenant of map, T2012 on an approximately 7.42 gross acre site located on the north of Blossom Hill Road, approximately 300 feet easterly of Cheeseboro Avenue at 605 Blossom Hill Road. The sequel is a determination of consistency with the environmental impact report for the Blossom Hill Station Project. The staff recommendation is to consider the determination of consistency with the environmental impact report for the Blossom Hill Station Project in accordance with CEQA and approve a vesting tenant of map extension.

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