OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

San Jose Planning Commission Meeting – November 19, 2025: Historic Preservation, SB 9 Updates, and Bar Hours

Planning Commission — Wednesday, November 19, 2025
BodySan Jose, California
SessionPlanning Commission
DateWednesday, November 19, 2025
StatusFILED
Video Record
0:00 / 3:34:59
Transcript — Verbatim
0:00

Good evening.

0:13

My name is Carlos Rosario, and I'm the chair of the Planning Commission.

0:17

Welcome to this Planning Commission meeting.

0:19

Please remember to turn off your cell phones.

0:21

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

0:25

and right now if you are able please stand up to salute the flag

0:30

All right, we'll start out with the roll call.

0:55

Chair Rosario, I'm here.

0:58

Bickford here Commissioner Borosio

1:04

Commissioner Bondall is not here Commissioner Cantrell is not here yet

1:10

Commissioner Cowell here Commissioner Casey is not here yet Commissioner Nguyen

1:17

yeah Commissioner Oliverio is not here yet and Commissioner Young here that is

1:24

is seven and seven and we have quorum before we begin I want to remind the

1:32

Planning Commissioner members and members of the public to follow our code

1:36

of conduct at these meetings this includes commenting on the specific

1:40

agenda item only and addressing the full body public speakers will not engage in

1:44

conversation with the commissioners or staff all members of the Planning

1:48

Commission staff and public are expected to refrain from abusive language

1:52

repeated failure to comply with this code of conduct which will disturb

1:55

disrupt or impede the orderly conduct of this meeting may result in removal

1:59

from the meeting this meeting of the Planning Commission will now come to

2:02

order summary of the hearing procedures if you want to address the Commission

2:10

please fill out a speaker card located near the audio visual technician and

2:16

deposit the completed card into the plexiglass into one of the plexiglass

2:19

baskets there are also speaker cards in the back of the chambers and at the side entrance the

2:25

procedure for this hearing is as follows after staffs presentation applicants or appellants may

2:31

make up to a five-minute presentation during the public comment period the chair will call out names

2:35

on submitted speaker cards and the order received for those members of the public who attend in

2:40

person as your name is called line up in front of the microphone at the front of the chamber or on

2:45

on the stairs. Generally, each speaker will be given up to two minutes for public testimony

2:49

and speakers using a translator will have up to four minutes. At the discretion of the

2:54

chair, the time allotted for each speaker will be changed depending on the number of

2:58

items on the agenda, the number of speakers, and other factors. Speakers using a translator

3:04

will have double the time allotted. After the public testimony, the applicant or appellant

3:08

may make closing remarks for up to an additional five minutes. Planning commissioners may ask

3:13

questions of the speakers response to commissioner questions will not reduce

3:16

the speaker's time allotments the public hearing will then be closed and the

3:20

Planning Commission will take action on the item Planning Commission may

3:23

request staff to respond to the public testimony ask staff questions and discuss

3:28

them if you challenge these land use decisions in court you may be limited to

3:33

raising only those issues you or someone else raised at this public hearing or

3:36

in written correspondence delivered to the city at or prior to the public

3:40

hearing planning commission's actions on rezonings prezonings general plan

3:45

amendments and code amendments is only advisory to the city council the city

3:49

council will hold public hearings on these section 21 2400 of the municipal

3:54

code provides the procedures for legal protests the city council on rezonings

4:00

and prezonings the planning commission's action on conditional use permits is

4:04

appealable to the city council in accordance with section 20 100 220 of

4:09

the municipal code agendas and all staff reports for this meeting may be accessed

4:14

on the city on the city's website

4:19

public comment so public comments of the Planning Commission on non-agendized

4:24

items please fill out with the speaker's card and give it to the technician each

4:28

member of the public may address the Commission for up to two minutes the

4:31

Commission cannot take any formal action without the item being properly noticed

4:35

and placed on the agenda in response to public comment the Commission is limited

4:38

to the following options responding to statements made or questions posed by

4:43

members of the public requesting staff to report back at a matter at a subsequent

4:47

meeting or directing staff to place an item on a future agenda do we have any

4:52

speakers for public comment for items that are not on the agenda for today we

4:59

have one Elizabeth

Discussion Breakdown — Share of Meeting
Historic Preservation████████████████████████████████████36%
Affordable Housing██████████████14%
Procedural███████████11%
Late Night Uses███████████11%
Public Safety█████████9%
Parks and Recreation██████6%
Community Engagement████4%
Economic Development███3%
Homelessness██2%
Summary of Proceedings

San Jose Planning Commission Meeting

Date: November 19, 2025 Time: Started at approximately 2:45 PM (14:45) and adjourned at 10:06 PM.

The San Jose Planning Commission convened for a regular meeting covering multiple land-use and zoning items. The meeting included public comment, consent calendar approvals, and four major public hearings: a conditional use permit for extended hours at a bar, adoption of Eichler neighborhood design standards, amendments to the Historic Preservation Ordinance, and a comprehensive zoning code update. All votes were unanimous (9-0) unless noted.

Consent Calendar

  • Approval of Minutes: The Commission unanimously approved the minutes of previous meetings as presented (motion by Commissioner Oliverio, second by Vice Chair Bickford, roll call 9-0).

Public Comments & Testimony

  • Non-Agendized Public Comment: Elizabeth, a half-black, half-Latina resident, urged the Commission to intentionally preserve the Black and African-American population in Silicon Valley, emphasizing the need to prevent displacement and maintain affordability in all planning decisions.

Discussion Items

  • Conditional Use Permit – After Bar and Grill (CP 24-036):

    • Staff (Zachary Johnson) presented a request for a CUP to allow late-night use until 2:00 a.m. Friday through Sunday at 1692 Story Road. Staff recommended denial due to multiple violations (failure to serve food with alcohol, unpermitted entertainment, operating past midnight, noise citations) and opposition from the San Jose Police Department. The Police Department (Sergeant Pham) detailed three incidents in 2023-2024, including brandishing a weapon and underage patrons. The applicant (Elmer Oriana) and representative (Jerry Stranges) argued they had corrected violations, offered a six-month compliance hearing, and pledged enhanced security. Commissioners questioned the applicant's track record; Commissioner Young noted the poor history and moved to deny. After discussion (including a withdrawn substitute motion to defer), the Commission voted 9-0 to deny the permit and support staff’s recommendation.

  • Eichler Neighborhood Design Standards (PP 24-012):

    • Staff (Dana Peek) presented design standards for Eichler homes listed on the Historic Resources Inventory (currently only Fair Glen Editions). The standards provide clear, objective guidance for exterior changes, additions, and new construction while preserving mid-century modern character. The process was community-driven with extensive outreach. Public comment from Sally Zarnovitz (Fair Glen Preservation Committee) supported the standards. Commissioner Oliverio moved to approve; the Commission voted 9-0 to recommend adoption to City Council.

  • Historic Preservation Ordinance Amendments (PP 25-005):

    • Staff and the City Attorney explained that amendments respond to a Court of Appeal ruling (St. Clair vs. City) requiring a clear override provision for projects with detrimental effects on historic resources. Proposed changes add definitions (detrimental, historic integrity, substantial alteration) and allow City Council to override detrimental effects if economic, legal, technical, or other benefits outweigh impacts. The Historic Landmarks Commission recommended narrower language (e.g., limiting override to public projects). Public comment was split: supporters (Friends of Levitt Pavilion, arts organizations, downtown residents) urged approval to enable the Levitt Pavilion in St. James Park; opponents (Preservation Action Council, St. Clair Foundation) warned of weakened protections. After debate, Commissioner Young moved to approve staff’s recommendation (no distinction between public/private). The Commission voted 9-0 to recommend adoption, with Commissioner Cantrell urging judicious use of the override.

  • Zoning Code Update (PP 25-001):

    • Staff (Rina Jorie, Brent Carvalho) presented a comprehensive update to Titles 19 and 20 to comply with state laws (SB 9, SB 450, SB 684, SB 1123, SB 1211, etc.), Housing Element actions, and Council direction. Key changes include revised SB 9 design standards (increased height, reduced driveway width, higher FAR with lot coverage), expansion to R2 zones and historic districts, streamlined ADU rules, removal of group home caps, hydrogen fuel station allowances, heat pump setback exemptions, and cleanup of density bonus chapters. Public comment: Glenn Garfunkel (Climate Advisory Commission) supported heat pump changes; Alex Siwak thanked staff for clarifying ADU condoization. Commissioner Oliverio moved to approve; Commission voted 9-0 to recommend to City Council.

Key Outcomes

  • After Bar and Grill: CUP denied (9-0). Applicant may reapply in the future.
  • Eichler Design Standards: Approved (9-0) to forward to City Council for December 2 meeting.
  • Historic Preservation Ordinance Amendments: Approved (9-0) with staff’s recommendation; to be heard by City Council on December 2.
  • Zoning Code Update: Approved (9-0) for recommendation to City Council.
  • Other: City Attorney reported that the cost of development study will be presented to City Council on December 8; email issues for commissioners are expected to be resolved soon.

Meeting Transcript

Good evening. My name is Carlos Rosario, and I'm 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 City Hall is located at the rear of the chambers. and right now if you are able please stand up to salute the flag All right, we'll start out with the roll call. Chair Rosario, I'm here. Bickford here Commissioner Borosio Commissioner Bondall is not here Commissioner Cantrell is not here yet Commissioner Cowell here Commissioner Casey is not here yet Commissioner Nguyen yeah Commissioner Oliverio is not here yet and Commissioner Young here that is is seven and seven and we have quorum before we begin I want to remind the Planning Commissioner members and members of the public to follow our code of conduct at these 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 public are expected to refrain from abusive language repeated failure to comply with this 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 the hearing procedures if you want to address the Commission please fill out a speaker card located near the audio visual technician and deposit the completed card into the plexiglass into one of the plexiglass baskets 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 staffs presentation applicants or appellants may make up to a five-minute presentation during the public comment period the chair will call out names on submitted speaker cards and 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 or on on the stairs. 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 for each speaker will 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 or 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 allotments the public hearing will then be closed and the Planning Commission will take action on the item Planning Commission may request staff to respond to the public testimony ask staff questions and discuss them 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 planning commission's actions 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 section 21 2400 of the municipal code provides the procedures for legal protests the city council on rezonings and prezonings 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 all staff reports for this meeting may be accessed on the city on the city's website

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