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Record of Proceedings

San José Planning Commission Meeting Summary | October 28, 2026

Planning Commission — Wednesday, October 28, 2026
BodySan Jose, California
SessionPlanning Commission
DateWednesday, October 28, 2026
StatusNEW · FILED
Video Record
0:00 / 2:30:59

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:21

Planning commission.

0:23

Um welcome.

0:24

Uh first order of business, please silence your cell phones.

0:28

I just did mine after a phone call.

0:32

Um the parking validation is actually at the top of the stairs in the back of the rooms for and it's for the city hall garage, um, the one with the entrance near the chamber.

0:44

So let's uh start with the um salute to the flag

Unassigned speaker

0:57

flag and

Speaker 2

0:58

second

Unassigned speaker

1:00

vote

Speaker 2

1:01

as

Unassigned speaker

1:04

well for the

Speaker 1

1:12

all right, thank you.

Unassigned speaker

1:14

Uh

Speaker 1

1:14

let's do a roll call.

1:16

Uh Vice Chair Young.

1:21

Here Commissioner Aguello,

Speaker 3

1:26

Presson,

Speaker 1

1:26

Commissioner Bondel?

Speaker 4

1:28

Here,

Speaker 1

1:30

Commissioner Bickford?

Speaker 4

1:31

Here,

Speaker 1

1:33

Commissioner Cowell?

Speaker 5

1:35

Here,

Speaker 1

1:37

Commissioner Casey?

Speaker 5

1:39

Here,

Speaker 1

1:41

Commissioner Escobar.

Speaker 6

1:43

Here,

Speaker 1

1:45

Commissioner Newen.

1:49

Commissioner Oliverio.

1:53

Commissioner Rosario.

Unassigned speaker

1:57

All

Speaker 1

1:57

right, we do have quorum.

Unassigned speaker

2:02

So

Speaker 1

2:02

the summary of these procedures, just for everyone's information.

2:06

Um, the full procedures are printed on the agenda, which are available in the back of the chamber or at the front on the side entrance.

2:17

To speak in person, please fill out a speaker card and place it in the basket near the bottom of the stairs.

2:24

Cards are also at the back of the chamber and the side entrance.

2:29

To speak on Zoom, use the raise hand feature or press star nine on your phone.

2:36

Please raise your hand only when the item or project you wish to address is being discussed.

2:43

Staff will call your name and unmute you on Zoom.

Unassigned speaker

2:50

Ah,

Speaker 1

2:50

cool.

2:51

Thank

Unassigned speaker

2:51

you.

Speaker 1

3:03

The chair may reduce the time to one minute if a large number of speakers wish to speak or be heard on an item.

3:10

If you challenge these land use decisions in court, you may be only limited to issues raised at this hearing or in writing delivered to the city at or before the hearing.

3:23

The commission's actions on rezoning, pre-zoning, general plan amendments, and code amendments is advisory to the city council, which will hold its own hearings, protest procedures, or in municipal code section 20.400.

3:44

Conditional use permit actions are appealable to the city council.

Unassigned speaker

3:49

All

Speaker 1

3:49

right, let's call this meeting to order.

3:55

Just as a reminder, commissioners and the public comment only on the agenda item that we're on, and address the full body and refrain from abuse of language.

4:10

Repeated disruption may result in removal.

4:13

This meeting of the planning commission is now called to order.

Unassigned speaker

4:20

Yeah,

Speaker 2

4:20

this is an open one.

4:22

Yeah, he's not

Unassigned speaker

4:22

on.

Speaker 1

4:23

Okay.

4:26

All right.

4:27

Members of the public are invited to speak on any item that does not appear on today's agenda.

Discussion Breakdown — Share of Meeting
Waste Management██████████████████18%
Procedural█████████████13%
Land Use████████████12%
Urban Planning███████████11%
Air Quality█████████9%
Economic Development██████6%
Transportation█████5%
Data Center Development█████5%
Public Safety████4%
Summary of Proceedings

San José Planning Commission Meeting Summary | October 28, 2026

The San José Planning Commission met on October 28, 2026. The meeting included three main agenda items: an appeal regarding a construction debris transfer station (Valley Recycling), an amendment to the Development Agreement with Apple Inc., and an omnibus package of citywide zoning code updates. The commission voted unanimously to deny the appeal, recommend approval of the Development Agreement amendment to the City Council, and recommend adoption of the code updates.

Consent Calendar

  • The consent calendar was approved unanimously by a motion from Commissioner Casey and second from Commissioner Bickford.

Item 5A: Appeal of Valley Recycling Permit (SP 24-029)

Public Testimony & Positions:

  • Kay and Dwayne Hughes (California Camper, appellant) opposed the permit expansion, citing persistent dust, debris, and odors from the Valley Recycling site that negatively impact their business operations and staff health, including severe asthma attacks. They argued the facility cannot manage its current cap and has a history of violations. The appellant stated the current cap is 149 tons/day.
  • Note on Transcript Discrepancy: Staff stated the current permitted maximum is 174.99 tons/day, while the appellant stated it is 149 tons/day. The appellant characterized the increase as 17-fold, while staff characterized it as a 14-fold increase.
  • Emily (LEA - Local Enforcement Agency) confirmed no dust or odor violations were observed during surprise inspections, but has issued 'areas of concern' for pile heights and odors.
  • Michael Gross (Valley Recycling, applicant) supported staff's recommendation to deny the appeal. He detailed existing dust mitigation (water truck, street sweeper) and committed to planned improvements (25-foot fence, permanent sprinkler systems). He stated operations cannot increase until all permits are obtained. Discussion:
  • Commissioners explored the facility's track record, the distinction between land use authority and operational enforcement (LEA, Air District), and the fact that the site was designed for the proposed capacity.
  • The Chair initially offered a substitute motion to deny the permit due to track record concerns. This motion was subsequently rescinded after discussion clarified the facility was designed for the contemplated volume and is in a heavy industrial zone. Key Outcomes:
  • A motion to deny the appeal (and thus uphold the Director's approval) passed 7-0. (Commissioners Newman, Oliverio, and Rosario were absent).

Item 5B: Apple Inc. Development Agreement Amendment (DA 26-001)

Public Testimony & Positions:

  • Multiple public speakers, including Jordan Moldow, Brent Pierce (VTA), Dasha Leeds (Sierra Club), and others, expressed opposition or requested modifications. Concerns centered on the conditional vacation of Orchard Parkway, the resulting impediment to bicycle/pedestrian connectivity (particularly the Guadalupe River Trail connection), conflict with transit-oriented development goals, and the indirect facilitation of a proposed PG&E substation and data center.
  • Staff and City officials presented the amendment as a land-use action to facilitate the build-out of a long-planned corporate campus on an underutilized site, highlighting community benefits such as a $2.5 million contribution to the Trimble Road crossing and new Class IV bike lanes on Component Drive. Discussion:
  • Staff clarified that the amendment only adjusts the boundary of the Development Agreement and does not constitute approval of the street vacation (which goes to City Council), the sale of land to PG&E, or the operation of a data center.
  • Commissioners questioned the limits of the city's authority over PG&E utility projects, which are under the jurisdiction of the California Public Utilities Commission (CPUC), and validated that the Apple campus project is separate from proposed data centers in the area. Key Outcomes:
  • A motion to recommend approval to City Council passed 7-0.

Item 5C: Citywide Zoning Code Updates (PP 26-003, Title 13 & 20)

Discussion:

  • Staff presented a broad package of code amendments including: streamlined tree removal permits for high fire hazard severity zones, updated ADU rules per state law (AB 1061, SB 79, SB 9), an extended timeframe (from 6 months to 3 years) for legal nonconforming (LNC) use status, increased retaining wall permit height thresholds, and streamlined permitting for vehicular gates.
  • Commissioners praised the clarity of the presentation. No public testimony was offered in opposition. Key Outcomes:
  • A motion to recommend adoption to City Council passed 7-0.

Summary of Votes

  • Item 5A (Valley Recycling): Passed 7-0 (Deny appeal, uphold permit)
  • Item 5B (Apple DA): Passed 7-0 (Recommend approval to City Council)
  • Item 5C (Zoning Code): Passed 7-0 (Recommend adoption to City Council)

Meeting Transcript

Planning commission. Um welcome. Uh first order of business, please silence your cell phones. I just did mine after a phone call. Um the parking validation is actually at the top of the stairs in the back of the rooms for and it's for the city hall garage, um, the one with the entrance near the chamber. So let's uh start with the um salute to the flag flag and second vote as well for the all right, thank you. Uh let's do a roll call. Uh Vice Chair Young. Here Commissioner Aguello, Presson, Commissioner Bondel? Here, Commissioner Bickford? Here, Commissioner Cowell? Here, Commissioner Casey? Here, Commissioner Escobar. Here, Commissioner Newen. Commissioner Oliverio. Commissioner Rosario. All right, we do have quorum. So the summary of these procedures, just for everyone's information. Um, the full procedures are printed on the agenda, which are available in the back of the chamber or at the front on the side entrance. To speak in person, please fill out a speaker card and place it in the basket near the bottom of the stairs. Cards are also at the back of the chamber and the side entrance. To speak on Zoom, use the raise hand feature or press star nine on your phone. Please raise your hand only when the item or project you wish to address is being discussed. Staff will call your name and unmute you on Zoom. Ah, cool. Thank you. The chair may reduce the time to one minute if a large number of speakers wish to speak or be heard on an item. If you challenge these land use decisions in court, you may be only limited to issues raised at this hearing or in writing delivered to the city at or before the hearing. The commission's actions on rezoning, pre-zoning, general plan amendments, and code amendments is advisory to the city council, which will hold its own hearings, protest procedures, or in municipal code section 20.400. Conditional use permit actions are appealable to the city council. All right, let's call this meeting to order.

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