Good evening, everyone. Welcome to the Planning Commission this evening.

My name is Lisa Bickford, and I'm the Vice Chair for the Planning Commission.

The parking validation machine, in case you need it, is located at the rear of the chamber,

You can walk up the stairs and get that.

If you would all join me in saluting the flag.

I pledge allegiance to the flag of the United States of America

and to the republic for which it stands,

one nation, under God, indivisible, with liberty and justice for all.

I'm afraid of the gavel.

Okay, now I would like to proceed with roll call.

Commissioner Rosario is not here this evening.

I am the vice chair.

Melissa Bickford, I am here.

Commissioner Borossio?

Here.

Commissioner Bandal?

No, not here.

Commissioner Cantrell?

Here.

Commissioner Cowell?

Here.

Commissioner Casey here

Commissioner Escobar here

Commissioner Nguyen here

Commissioner Oliveria here and Commissioner Young

here

Thank you very much

So now I'd like to

officially call this meeting to order and

and talk about the order of the day.

Before we begin, I'd like to remind the Planning Commission members and members of the public

to follow our Code of Conduct at meetings.

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.

I just want to make one note that we had originally posted that Commissioner Oliverio would be remote for this evening via teleconference due to whether his plans were canceled and he is actually physically here.

Thank you for being here.

I'd like to read the summary of hearing procedures.

If you want to address the commission, please fill out a speaker card located on the table

near the audio-visual 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 and or 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, please line up in front of the microphone at the front of the

chamber here.

Generally, each speaker will be given up to two minutes for public testimony, and speakers

using a translator will have twice that time, or 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 whatever that allotted time is.

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 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.

Please note that 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

clamp planning commission's actions on rezoning pre-zoning 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 prezonings the planning commission's actions on conditional

use permits is appealable to the city council in accordance with section 200 or sorry 20.100.220

of the municipal code and jinnas and all staff reports for this meeting

can be accessed on the city website under planning commission

i'd like to now move to public comment so for public comment to the planning commission on

non-agendized items please fill out a speaker 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

or requesting staff to report back on a matter at a subsequent meeting or

directing staff to place the item on a future agenda do we have any speakers

for public comment moving on to deferrals and removals from the calendar

Any items scheduled for hearing the seating for which deferral is being requested will be taken out of order to be heard first on the matter of deferral or removal.

Staff will provide an update on the items for which deferral and removal is being requested.

If you want to change any of the deferral dates recommended or speak to the question of deferral or removal on any of these items, you should say so at this time.

We have one deferral.

It is CP25-001 and ER25-007.

Anybody want to comment on that?

Good evening, Commission Manira Sandir, Deputy Director for Planning.

So we do have an item requested for deferral for staff.

It's for a conditional use permit to allow the construction of a utility facility.

at Zero Skyview Drive,

and the applicant is San Jose Water Company.

This project is being requested for deferral

because it requires a variance.

We are expecting this item to come back

to the Commission in the 2nd February meeting,

but the item will be renoticed

because of the added application,

and staff is here and available

if the Commission has any questions.

Can I...

Do we need a presentation?

or can I ask for the motion?

You may ask for the motion directly

since this is being deferred

or being requested.

Who seconded?

Sorry.

Oh, hi, Bandal.

Note for the record

that Commissioner Bandal is here.

So I heard a motion and a second.

We're going to go ahead and vote

and I will just go down the list.

Commissioner Rosario is not here.

Let's see.

Commissioner Borosio?

Yes.

Commissioner Bandal?

Commissioner Cantrell?

Yes.

Commissioner Cow?

Yes.

Commissioner Casey?

Yes.

Commissioner Escobar?

Yes.

Commissioner Nguyen?

Yes.

Commissioner Alvario?

Yes.

And Commissioner Yeh?

Yes.

And myself on my yes, so that's a unanimous to approve those deferrals.

The next item on the list is the consent calendar.

Notice to the public, there will be no separate discussion of individual consent calendar items,

as they're considered to be routine, and will be adopted by one motion.

If a member of the Commission requests debate, separate vote, or recusal on a particular item,

that item will be removed from the consent calendar by the Chair and considered separately.

The public may comment on the entire consent calendar and any items removed from the consent calendar by the Chair.

Staff will provide an update on the consent calendar.

If you wish to speak on one of these items individually, please come to the podium at this time.

I don't see any speakers for the consent items.

So item A is review and approve the action minutes from the January 14th meeting.

Are there any proposed changes to those minutes?

And do we do both at the same time or separately?

Okay.

Okay, and so the other item on the consent calendar is CP 25011 and ER 25096,

which is the conditional use permit to allow the installation of a new potable water pump station.

Can I get a motion?

Motion to approve the consent calendar.

Second.

Okay.

and let's take a vote.

Commissioner Borosio?

Yes.

Commissioner Bandal?

Commissioner Cantrell?

Yes.

Commissioner Cow?

Yes.

Commissioner Casey?

Yes.

Commissioner Escobar?

Yes.

Commissioner Nguyen?

Yes.

Commissioner Oliverio?

Yes.

Commissioner Young?

Yes.

And myself, yes as well.

that unanimously passes we'll move to the public hearing session there are nothing there is nothing

on the public hearing but i will still read generally the public hearing items are considered

by the planning commission in the order in which they appear on the agenda however please be advised

that the commission may take items out of order to facilitate the agenda such as to accommodate

significant public testimony or may defer discussion of items to later agendas for public

hearing time management purposes there is nothing in the public hearing we will move to referrals

from city council boards commissions staff are there any items no items for referrals

okay

we will move to good and welfare do we have a report from the city council we do so a number of items

went to the City Council in January,

so I wanted to provide a quick report out.

On January 13th, the City Council approved proceeding

with the Habitat Plan amendments.

That's being led by the Santa Clara Valley Habitat Agency.

And what the Habitat Plan does is it provides coverage

for protecting biological resources within Santa Clara Valley.

And at this point, the Habitat Agency is proceeding

with those amendments.

It's doing the environmental analysis.

And once they're ready, those amendments will come back to the City Council for approval

with a recommendation through the Planning Commission.

So we are expecting that to come in the next few months.

The other item that went to Council that day was the mega-ordinance amendments.

So this was related to all the state law changes and streamlining efforts to allow for more housing,

but then also a number of other state bills that were addressed in the ordinance amendments.

and these were approved on Jan 13th by the City Council.

Yesterday at City Council, we had a very intense housing day,

but also as a part of the items considered by Council,

the Planning, Building, and Code Enforcement team presented on SB 79,

specifically the implications for the City of San Jose

and how to move forward with implementation.

So we received Council direction on moving forward

with exempting the city's industrial employment hubs,

such as North San Jose, Edenvale, and a few other areas in the city

that are employment areas that are more than 250 acres,

and also intercept with the transit areas identified under SB 79,

exempting one-mile walking path properties,

so properties that may not be within a transit station area

but are bifurcated or do not have a path of travel, a walking path,

that is less than one mile to the station.

So those can be exempted, but that requires further analysis and study.

And Council also directed us to look at evaluating historic resources

in the context of SB 79,

keeping in mind the recent state changes under Assembly Bill 130

that allow for statutory exemptions for certain kinds of projects

and also exploring some minimum densities in the downtown core.

So given that council has provided action to staff,

we are contemplating bringing a study session forward

to the Planning Commission in advance of bringing the actual ordinance amendments.

Upcoming council meetings.

So in February, on February 10th, we expect the appeal for the conditional use permit for the late night use at the after bar and grill that was denied by the Planning Commission on November 19th to move forward.

and then at the end of February, on February 24th,

we have two other appeals that are appeals of director hearing actions

associated with the PayPal Park to allow for additional concert uses

and also an industrial use on London that is next to the city of Milpitas

that was appealed by some of the residents in Milpitas to move forward.

Those are all the reports from Council.

Thank you. Commissioner Oliveria.

On the 10th, there's an appeal.

Did the city council approve a conditional use permit,

and now it's being appealed to us?

No, this was an appeal of the Planning Commission's decision

that is going to city council on February 10th.

Oh, okay.

I understand.

Okay, great.

Thank you for clarifying.

Thank you, Chair.

I just wanted to compliment the planning team for the SB 79 memo.

It helped me a great deal to understand it,

even though I've been through all the websites and things like that.

And the presentation yesterday I thought was very good as well.

I think the city council understood the pieces of it

and had some good feedback for it as well.

So I'm very impressed with the work done there.

And I have one question about the habitat plan.

Is there anything that we can read and review in advance?

the council memo

from

January 13th outlines

what the intent is with these

amendments so that is certainly available

for public review and the commission's review

I'm happy to share a link

with the commission afterwards

yeah of course

okay thank you for the

report from city council

do we have any subcommittee

reports or outstanding items

no items

I apologize.

My throat is dry.

Okay, commission calendar and study sessions.

We do have a joint study session with the Housing Commission on the Housing Catalyst Work Plan on February 25th.

Pardon me, 530 to 7 in Ring Room 118, 119, and 120.

Please add it to your calendars.

and through the chair if I may add

we are also exploring February 11th

as our SB 79 study session day

we do not have any business items

being scheduled for that day

but we felt that it's critical

to keep the work on SB 79 moving

so we thought we'd schedule the study session

and that'll be at 5.30pm as well

I'd appreciate that

anything for the public

sorry Commissioner Bundall

yeah thank you chair

I thought yesterday's city council meeting

was pretty important.

It was very long.

It was good to see so many people here.

And most of the conversation yesterday

was very correlates to what we do here.

So I thought it was very interesting.

The SB79 study that we have here on February 11th,

did City Council already have that?

I think the presentation we did yesterday

to the City Council really helped inform the direction

that we could go, and we felt before we come back

with the ordinance updates,

we share the same information with the commission

and allow you to provide us with feedback or guidance

as we develop the ordinance.

So the City Council did not have a separate study session

on SB79.

I think the meeting yesterday was intended

to be that introductory hearing

to discuss the elements of SB79

and to seek direction from Council.

Yeah, that was my second question.

I was going to ask if it had to do something with what you guys went through with them yesterday,

so we can kind of follow back on that and watch the recording before our study session

so we can be a little bit more knowledgeable.

And my third question is, is Commissioner Paraluigi here?

The agenda says he's in Michigan.

Yeah, I had weather council made a reschedule, so happy to be with you.

And do we have anything else for the public record this evening?

Commissioner Casey.

I apologize.

Do we have anything else for the public record?

Commissioner Casey.

Thank you, Chair.

I had a question for the planning department.

What I read today was about the Fay development going into foreclosure,

one of the recent buildings that just opened a year ago in the south of Market or south of

First Street area. And one of the key things they mentioned was that it was about 50 percent

occupied and primarily due to lack of parking is what one article said, not saying that is

in true fact. But I guess it brings up a larger thing. And as we get into the 2040 update is

really checking back on the success of projects that we have approved and exceptions we make or

or we're saying parking isn't required in San Jose for some of these developments,

but understanding how that actually plays out in reality.

I don't know if we measure that internally or if we have just some kind of metrics for success

after the fact of things that we approve or changes,

or are there things we can learn from that development since it's only a year old

and already being foreclosed that we should take into account

as we do the planning for this four-year cycle.

Thank you, Commissioner Casey.

I think we'll have to go back and look into those comments.

My understanding is the market conditions right now are also very unfavorable,

so I'm not sure exactly what led into the foreclosure.

But I know from a parking perspective, while the city does not have parking minimums,

a lot of the times the developers will propose parking

because they will not achieve financing otherwise.

So typically we've allowed the market to drive the kind of parking that is provided in each project,

and that has been our city's position.

But we'd be happy to go back and look into how that affects other projects.

Thank you.

And it's less about this one in particular.

This is kind of just indicative.

Understanding we're saying we want to do large development in certain areas

and transit-based and urban villages, et cetera,

just looking back a year, two years, three years after they're live

for the success metrics, I think it fits in pretty well

with Mayor Mahan's kind of, you know, dashboards

and tracking of KPIs and things like that.

So to kind of understand how we're actually tracking

on some of these I think would be helpful.

So less about the Fay individually

because I'm sure there's all kinds of nuances,

but just in general the developments

and how they're doing across the city.

Thank you.

Great question, Commissioner Casey.

Commissioner Cantrell.

Actually, I think it was a great question

and it brought another question to my mind.

If we do that evaluation,

I think Rukha's examination is important.

I would look deeply into the cost of money for that project,

given its timing, and whether that had more impact.

Just a second. Thanks.

And through the chair, if I can add something in the public record.

So just wanted to note that our general plan for your review process continues.

Thank you to the task force, the planning commission as the task force,

for providing your invaluable input last week

when we initiated the conversation

about residential capacities.

At this point, I know our next meeting

is scheduled for March 4th,

which will be focused on the small multifamily development

and the missing middle housing.

We are a little bit behind on our outreach,

but I think we are looking to get the consultants

on board this month so that we can do our open houses

over the next two to three months.

Are we scheduled?

Not yet.

we're waiting for the consultants to be under contract.

Thank you very much.

Anything else for the public record?

Okay, then I would like to adjourn.

Do I have to nominate?

Do we have to vote on this?

No, no.

Okay, we're going to adjourn, and I will hit the gavel.

Thank you all.

Well done.

Thank you.

Thank you.

Thank you.

Thank you.

Outro Music

you

Thank you.