My name is Carlos Rosario and I am the chair of the planning commission.

We have no study session tonight, but uh we will begin with the planning commission meeting.

Please remember to turn off your cell phones, parking validation for the garage underneath City Hall is located in the rear of the chambers.

At uh this point, if you are able, please join me in standing for the pledge of allegiance.

All right, we will now move to roll call.

Myself, Carlos Rosario, I'm here.

Uh, Vice Chair Bickford is not currently here.

Uh Commissioner Barroso.

Here.

Commissioner Bandal.

Here.

Commissioner Cantrell.

Here.

Commissioner Cow.

Commissioner Casey.

Here.

Commissioner Nguyen.

Here.

Commissioner Olivario.

And Commissioner Yellow.

Here.

That is eight here.

And we have a quorum.

So we now call this meeting to order.

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

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

Public speakers will not engage in 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.

Summary of hearing procedures.

If you want to address the commission, please fill out a speaker card located on the table near the audiovisual technician and deposit it in the completed card into the plexus glass basket.

There are also speaking 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 or appellants may make up to a five-minute presentation.

During the staff's during the public comment period, the chair will call out names and the submitted speaker cards in the order received for those members of the public who attend in person.

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

Generally, each speaker will be given 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 for 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 and or appellant may make closing remarks for an additional five minutes.

Planning commissioners may ask questions of the speakers.

Response to commissioner questions will not reduce the speakers' 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 actions on rezonings, pre-zonings, general plan amendments, and code amendments is only advisories to the city council.

The city council will hold public hearings on these items.

Sections 20 section 2012 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 2010-220 of the municipal code.

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

Public comment.

Public comments to the planning commission on non-agendized items.

For non-agendized items, please fill out a speaker's card and give it to the technician.

Each member of the public may address the commission for up to two minutes.

The commission cannot take any formal action without the item being properly noticed and placed on an agenda.

In response to public comment, the planning commission is limited to the following options.

Responding to statements made or questions posed by members of the public.

General plan designation.

And then the zoning is R15 single family resident zoning district.

That is also a typical single family zoning district, just with a slightly larger lot sizes.

So the two applications that we have before you this evening are a tentative map, so that is to subdivide one lot into seven lots and then a site development permit, and that's to demolish the existing single-family residence there as well as the associated accessory structures.

They would remove 37 ordinance sized trees, and they could would construct seven new detached single-family houses.

So this application was originally submitted in March of 2023, and it was approved at director's hearing actually in October of 2024, so almost a full year ago now.

We received valid environmental peels on uh the 28th of October of last year, and then we received a valid permit appeal on November of last year.

The primary reasons for appeal were that the project was inconsistent with the general plan, inconsistent with the zoning, uh inconsistent with the class 32 infill exemption that the project was approved under, and then that the project would result in uh imitable health and safety impacts.

And then no other supplemental information was provided to staff.

So there's a pretty big gap there, November to August, uh when these appeals were withdrawn.

So in that time, the applicant and the appellants came to a private agreement, and that is included in your packet uh tonight.

Uh so that private agreement includes some um minor site changes, planting of some new trees, uh potential retention of a couple trees, as well as engagement with the Department of Public Works for traffic calming along Dry Creek Road, potentially meridian, and uh I think some of the side streets as well.

So, because of that gap in time there, November to August, uh, anything outside of a 10-day appeal period from that original director's approval, the planning commission, pursuant to section 20.100.250 of the zoning code must actually take action on the withdrawal.

So if the appellant decides that they want to withdraw, which they have, the planning commission has to vote on that withdrawal.

I'm sure this is something that this planning commission has not seen, something that we don't really do often, but that's the process.

Uh so with that, staff recommends that the planning commission approve the withdrawal of the permit appeal, and the planning directors uphold the planning director's approval of the tentative map and the site development permit.

And uh, I'm here for any questions.

We have the uh applicant's representative Teresa here with any questions as well.

Alright, is the applicant here to make any comments or seeing none?

Any uh comments from the public?

Seeing none, we'll move on to comments from the commissioners.

I'll make a motion that we approve the staff recommendation.

Thank you, Commissioner Young.

Uh Commissioner Barroso.

Thank you.

Good evening, everyone.

Uh you mentioned that that there was some interest.

Sorry, before before that, can we see if there's a second before we have discussion?

Is there a second?

Second, okay, thank you.

Um what would maybe I'm not seeing it, but what were the potential hotspots around this?

It seems pretty um streamlined, but I don't know, maybe there's something more.

Sure.

I laid it out pretty briefly in the staff report.

Um this is sort of the the things that were brought up at the director's hearing.

Uh number one was the trees.

I think Teresa can attest to that.

I think a lot of the neighbors were really concerned about the number of trees that were removed.

Um, and we really did do our best to preserve as many trees as possible, particularly around the perimeter of the site, but that was a really big sticking point.

Um, I think people had some concerns about cars coming out of Dry Creek, or excuse me, coming out of the new cul-de-sac onto Dry Creek Road.

Um, some of the other concerns were pretty typical concerns that we do see for pretty much any residential development.

You know, people are concerned about privacy, especially with new buildings butting up against their existing, um, their existing homes, right, in backyards.

Um, but a lot of that is not really something that we as staff can control because San Jose specifically don't control design of single family homes so much, just really zoning regulations.

Perfect.

Thank you.

Commissioner Casey.

Thank you.

Since it's a quick meeting, I'll ask a question.

Um so if we were to not approve it, the appeal would be outstanding, but the appellant hasn't provided any details.

So it it's can you explain a little bit?

I think we'd have to probably go back to a stalemate on I'm not sure.

I'd actually look at Daniel as city attorney to see what would be the option if planning commission didn't vote on this.

Yeah, I mean it's an interesting question, but I I feel like it would just be abandoned after no action.

Through the chair, I you know also feel that if the commission did not agree to withdraw the appeal, then perhaps staff would just recommend the denial of the appeal and uphold the director's hearing.

That could be another option.

Thank you.

All right, anything else from the commissioners?

Seeing nothing.

We will move on to a vote.

We have a motion by Commissioner Young and a second by Commissioner Barrosio to approve the withdrawal of the permit appeal.

Uh Commissioner Vice Chair Bickford is not here.

Commissioner Barrosio.

Yes, Commissioner Bandal?

Yes.

Commissioner Cantrell.

Yes.

Commissioner Cow?

Yes.

Commissioner Casey.

Yes.

Commissioner Nguyen.

Yes.

Commissioner Oliverio is absent.

Commissioner Young?

Yes.

Myself is a yes.

That is eight with two absent, and the motion carries.

And that is the end of the public hearing.

Okay.

Moving on to referrals from City Council, Boards, Commissions.

There are no referrals.

Okay.

On the item seven, good and welfare report from City Council.

Yes, a couple of quick reports, and I was remiss in introducing myself earlier, so good evening, Commissioners Maniros and your Deputy Director of Planning.

Um in terms of reports from City Council at yesterday's city council meeting.

Uh the council approved the ordinance amendments for temporary event permits that had come before the planning commission, I believe a month or so ago.

That was a partnership project between planning building and code enforcement, as well as the Office of Cultural Affairs.

So that does streamline the process for temporary events in advance of the upcoming 2026 sport events in the region.

And also the council yesterday approved a conditional use permit amendment for the fuse bar in downtown San Jose that allows for additional hours of operation as well as additional uh capacity in terms of the number of people who can use those facilities.

Uh it also included some outdoor amplified music requirements, and there were some discussions between the neighborhood groups and the applicant where they came to a uh mutual agreement on what those hours would be.

So that was approved by council.

Uh moving on to subcommittee formation reports and outstanding business, there is nothing to report on that end.

Um, in terms of the commission calendar and study sessions uh before you tonight is the 2026 planning commission meeting schedule.

So this has been prepared by staff, and my understanding is that the planning commission may have to vote on it to approve it.

Uh, looking to city attorney's office to confirm that.

Um the schedule does include the special meetings that the planning commission would undertake as part of their task for the four-year general plan task force responsibilities.

Sorry, are you asking whether or not we need to take a vote on the schedule?

Correct.

Um, I think it doesn't hurt to take a vote on the schedule that way we can get people on record to see that they're actually gonna be there.

Perfect.

Thank you, uh Daniel.

All right.

Do we have a motion uh to approve the planning commission schedule for the calendar year 2026?

Motion to approve.

Thank you, Commissioner Bandal.

Do we have a second?

Who was that?

Cal.

Okay.

Any comment or discussion?

Okay, seeing none, we can go to a roll call vote.

Uh Vice Chair Bickford is absent.

Commissioner Barroso.

I'm looking at a little discussion or question.

So it's on page 7 of 11, correct?

On our in our packet.

Are we?

I'm looking at the page six.

I think it was just a link within the agenda.

This is this year's calendar.

Right, okay, yeah, because I was gonna say I think we're off by a day.

Okay.

Ummissioner Bandal?

Yes.

Commissioner Cantrell.

Yes.

Commissioner Cow.

Yes.

Commissioner Casey.

Yes.

Commissioner Nguyen?

Yes.

Commissioner Olivero.

Commissioner Young.

Yes.

And myself is a yes.

That is eight yeses and two absences.

The motion carries.

Thank you, Chair.

Um, and I do want to give a quick thank you to the commission for being present at the task force meeting last week.

Uh we our next special meeting on the task force will be on November 12th, and that meeting will be focusing on the urban villages strategy.

Um in addition, I wanted to note that the next regularly scheduled meeting of the planning commission on November 5th is uh going to be canceled.

We don't have any items lining up for that.

All right, so that would make the next meeting on the 19th.

That is correct.

The next regularly scheduled meeting will be on the 19th.

Uh we do have some ordinance amendments lining up for that meeting, uh, including for uh the historic uh preservation ordinance changes, uh, where we're proposing some cleanups to definitions and aligning the process for approving a historic preservation permit with the CEQA process.

Um and then we will also we are also anticipating a bundle of zoning ordinance amendments to come before the commission that night uh that are associated with state law changes, housing element policy um implementation, as well as some process cleanups and streamlining.

Um and then I expect we might even have a third item that night, which will be uh for consideration of the ICLER design standards.

Uh recently in San Jose, there was a neighborhood that was um uh designated as a national uh that was designated or added to the national registry of historic resources as a district.

Um and staff has prepared standards that would apply for any projects in that district, so those will come before the commission for a recommendation to council.

Oh I didn't realize we had ICLERS in San Jose.

Yes, it's the it's an extensive report.

If you would like to see more information, the Historic Landmarks Commission, uh, you know, was introduced that item a month or two ago.

So um you welcome I'm happy to share the presentation from that meeting.

All right, anything else for the public record?

No other items?

All right, seeing none.

This uh hearing none, uh this uh meeting of the planning commission is adjourned at 6 53 p.m.