Council steers housing study toward transit, accepts police auditor report

The meeting opened with an invocation performed by the Union Middle School student jazz combo, arranged by Pam Foley (Councilmember, District 9; Vice Mayor). Four ceremonial items followed: a proclamation for National Disability Employment Awareness Month (October 2026) that honored a nonprofit pop-up cafe employing neurodivergent adults; a commendation for a 102-year-old resident who was a Rosie the Riveter; a proclamation naming October 25, 2026 Republic of China (Taiwan) Day; and a commendation for CEFCU, San Jose Water and the San Jose Conservation Corps for their partnerships with the Parks, Recreation and Neighborhood Services department. No votes were taken. 00:01:12

• Pam Foley (Councilmember, District 9; Vice Mayor) presented the disability employment proclamation and honored a local nonprofit cafe that builds job pathways for neurodivergent adults 00:11:06
• A councilmember honored a 102-year-old resident who has lived in San Jose since the early 1950s and supported the World War II effort 00:15:46
• A councilmember said two federal grants were secured with the parks department to restore the Chinese cultural garden at Overfelt Gardens Park 00:21:39
• A councilmember recognized three organizations for partnerships with the parks department, including camp scholarships and Guadalupe River trail cleanup 00:26:52

Routine items approved together in one vote, with no separate discussion: minutes, final adoption of an ordinance regulating personal delivery devices, excused absences, council-sponsored events, a $2,500 district grant (agenda), and retroactive travel approval. No member pulled an item and no one spoke in public comment. City staff reported beforehand that the council's closed session had nothing to report. 00:32:45

• Motion to approve the consent calendar (mover and seconder not identified by name); Pamela Campos (Councilmember, District 2) and Peter Ortiz (Councilmember, District 5) absent. Result: passed, unanimous. 00:32:58

A verbal report from Jennifer Maguire (City Manager) on the city's second employee day of service, when city workers volunteered at parks, libraries, senior nutrition sites and other locations across all 10 council districts. Informational only; no vote. 00:32:58

• City staff reported that more than 650 city employees volunteered at sites throughout the city during the day of service 00:33:31
• City staff said the first event in March drew about 600 employees for 3,372 volunteer hours, and that participation was higher this time 00:34:31

The yearly report the City Charter requires, comparing last fiscal year's budget with actual revenue and spending, plus a set of mid-year adjustments to the 2026-2027 budget. The general fund ended almost exactly on budget. After rebudgets and technical fixes, staff recommended putting the remaining $7.1 million back into the budget stabilization reserve. That reserve is now about $30 million, against a target of about $100 million. The adjustments also fund several urgent public safety facility needs. The agenda also listed swapping one Division Manager position and one Senior Facility Repair Worker position between Public Works and Parks; this was not discussed. 00:37:26

• Rosemary Kamei (Councilmember, District 1) moved approval of the annual report and recommended budget actions; Pamela Campos (Councilmember, District 2) absent. Result: passed, unanimous. 00:54:45

• City staff said the general fund ended the year with an extremely small surplus and most other funds ended at or above estimates 00:39:48
• City staff said year-over-year employment growth of 1.3 percent, the main driver of revenue, points to low revenue growth ahead 00:39:48
• City staff said revenue and spending left $16.6 million, of which $8.1 million must carry forward to continue existing projects 00:41:54
• City staff recommended restoring the remaining $7.1 million to the budget stabilization reserve, as council policy calls for 00:42:55
• City staff proposed $1 million to design and bid a ventilation rehab at the police gun range, which he estimated as a $3 to $5 million project 00:45:00
• City staff proposed moving the police family violence unit out of leased space into the South San Jose substation, at about $300,000 one-time cost and roughly $300,000 in ongoing lease savings 00:46:09
• City staff said the budget stabilization reserve should be about $100 million but will be about $30 million, down from $61 million a couple of years ago 00:48:13
• City staff reported that Measure E property transfer tax revenue rose to almost $80 million, driven by 12 property sales over $100 million compared with five the year before 00:49:17
• Rosemary Kamei (Councilmember, District 1) welcomed adding money to the stabilization reserve, which she called very low, and moved approval 00:52:57
• A councilmember praised the budget office for keeping the general fund variance within 0.2 percent 00:53:44

A public hearing on giving up about 25,690 square feet of public street right-of-way (agenda) on Spring Street between Asbury and West Taylor streets in District 6, so it can become part of the planned Columbus Park project. The vacation takes effect once public utilities in that stretch are abandoned or relocated. The site was formerly a large encampment, and the park is planned as a lighted soccer complex. 00:54:47

• Pam Foley (Councilmember, District 9; Vice Mayor) moved the staff recommendation; Rosemary Kamei (Councilmember, District 1) seconded; Pamela Campos (Councilmember, District 2) absent. Result: passed, unanimous. 01:02:14

• The chair recalled the city's commitment, made after the encampment at the site was decommissioned, to restore the park for public use, and asked for a timeline 00:55:04
• City staff said design is nearly done, construction should start in summer 2027 and the park should open in summer 2028 00:56:03
• City staff said the project is funded, much of it with the last money from the Measure P bond passed in 2000 00:56:38
• Michael Mulcahy (Councilmember, District 6) relayed concerns from nearby industrial-area users that Spring, Irene and Walnut serve as cut-throughs around backups on Taylor, and asked about striping and signal timing 00:57:31
• City staff said repaving in the area is planned for next summer, leaving time to adjust striping, and that the department would coordinate with Public Works on timing 00:59:35
• Michael Mulcahy (Councilmember, District 6) noted the park plan includes an enhanced crosswalk from the Heritage Rose Garden 01:01:33

The Independent Police Auditor's office presented its annual review of police misconduct complaints, internal affairs investigations and use of force for 2025, with 12 policy recommendations. The police department presented its response. The recommendations include restricting license plate reader (ALPR/Flock) data access to approved department systems, limiting profanity, notifying people when police lose or damage their property, and giving the auditor's office timely access to investigations of shootings and serious injuries. Most public comment centered on a recent case in which an officer misused Flock license plate data involving a domestic violence survivor. The council voted to accept both reports. 01:02:17

• Domingo Candelas (Councilmember, District 8) moved to accept the 2025 Independent Police Auditor report and the police department's response. Result: passed, unanimous. 02:01:46

• The police auditor said the office audited 330 internal affairs investigations in 2025, its most ever 01:06:25
• The police auditor said 102 of the 942 allegations closed during the year were sustained 01:06:25
• The police auditor reported procedural complaints up 58 percent, courtesy complaints up 33 percent and bias-based policing allegations up 40 percent, while cautioning that allegations are not findings of misconduct 01:07:29
• The police auditor said the department received 499 complaints in 2025, about 65 percent of them from members of the public 01:08:29
• The police auditor said the office agreed with department findings on first review in 290 cases, agreed after more investigation in 28, closed 11 with concerns and disagreed in one 01:10:54
• The police auditor reported 20 critical incidents in 2025, three of them officer-involved shootings, and use of force incidents up about 5 percent 01:14:02
• The police auditor recommended restricting license plate reader data to approved department systems with security and accountability controls 01:15:09
• The police auditor recommended the department give the auditor's office shooting and serious-injury investigative reports within 30 days of completion, with full evidence 01:17:22
• The police auditor summarized that the office reviewed 330 investigations, a record 01:19:28
• City staff said the department agrees with all 12 recommendations, either almost completely or in part 01:20:57
• City staff said a departmental order already bars employees from accessing sensitive law enforcement databases on personal devices 01:20:57
• City staff partly agreed on profanity, saying it is already forbidden and disciplined and that all four cases the auditor cited ended in sustained discipline 01:22:00
• City staff said implementation of the recommendations should be finished by February 2027 01:26:20
• The chair said the officer in the license plate data misuse case immediately lost his job 01:43:12
• The chair listed council actions on license plate data: deleting it every 30 days, restricting access, and adding randomized audits of queries 01:43:12
• The chair said he is working with state legislators on a bill to make misuse of license plate data a criminal offense, after the district attorney found current law did not allow charges 01:44:13
• The chair said he will bring forward a nominee for the next permanent Independent Police Auditor later this year 01:45:14
• A councilmember praised the interim auditor's steady leadership during the transition and moved the staff recommendation 01:46:54
• City staff told Rosemary Kamei (Councilmember, District 1) the duty manual is updated constantly rather than on a schedule 01:50:17
• The police auditor said a dedicated community outreach position would help the office do more outreach 01:53:02
• A councilmember suggested the auditor's office report on open recommendations to the Rules Committee, as the City Auditor does, and said he would pursue it 01:53:36
• Anthony Tordillos (Councilmember, District 3) said his understanding is that Mountain View's data exposure came from that city's own system setup, which the police department has said does not apply here 01:54:34
• City staff said that when police damage property, the department usually tells people how to file a claim with the city, and the city decides whether to pay 01:56:59
• The police auditor said the notice card officers leave after property damage does not explain how to file a claim, and filing deadlines can pass 01:58:31
• A councilmember raised the case of businesses facing high insurance deductibles and legal costs after police damage their property 02:00:25
• City staff offered to work with the City Manager's Office on policy options for property damaged by police through no fault of the owner 02:01:08

Sets what the city's long-range planning staff will work on through December 2027. Staff say they are at about 130 percent of capacity, mostly because of state housing mandates. That means council-requested projects, such as the Coyote corridor study, keep getting pushed back. The central issue was 'missing middle' housing in single-family neighborhoods, which the city's state-certified housing element commits it to. In August the council directed study of 16, 24 and 32 units per acre. Two council memos sought changes. The memo from Matt Mahan (Mayor), Pam Foley (Councilmember, District 9; Vice Mayor), Pamela Campos (Councilmember, District 2), Anthony Tordillos (Councilmember, District 3) and Michael Mulcahy (Councilmember, District 6) asked staff to study tiered densities based on distance from transit and to add childcare policy work in place of the retail-in-residential-neighborhoods work. The memo from Domingo Candelas (Councilmember, District 8), George Casey (Councilmember, District 10), Peter Ortiz (Councilmember, District 5) and David Cohen (Councilmember, District 4) sought to keep current densities in areas with limited transit. Staff warned that excluding high-resource areas could put the housing element at risk with the state housing department (HCD), and that losing certification would reopen the 'builder's remedy'. The council passed the first memo 9-2 after rejecting a substitute that would have added the second. 02:01:49

• Substitute motion by George Casey (Councilmember, District 10): approve the memo from Domingo Candelas (Councilmember, District 8), George Casey (Councilmember, District 10), Peter Ortiz (Councilmember, District 5) and David Cohen (Councilmember, District 4) together with the memo from Matt Mahan (Mayor), Pam Foley (Councilmember, District 9; Vice Mayor), Pamela Campos (Councilmember, District 2), Anthony Tordillos (Councilmember, District 3) and Michael Mulcahy (Councilmember, District 6), with the return timeline changed to as soon as possible, plus a friendly amendment from Bien Doan (Councilmember, District 7) directing city staff, including the City Manager's intergovernmental relations team and the City Attorney, to research local land-use control options for the January 2027 legislative program discussion. Result: failed. No: Rosemary Kamei (Councilmember, District 1), David Cohen (Councilmember, District 4), Pam Foley (Councilmember, District 9; Vice Mayor), Anthony Tordillos (Councilmember, District 3), Pamela Campos (Councilmember, District 2), Michael Mulcahy (Councilmember, District 6). 04:02:22
• Pam Foley (Councilmember, District 9; Vice Mayor) moved the memo from Matt Mahan (Mayor), Pam Foley (Councilmember, District 9; Vice Mayor), Pamela Campos (Councilmember, District 2), Anthony Tordillos (Councilmember, District 3) and Michael Mulcahy (Councilmember, District 6), changing the return date from end of March to as soon as possible, adding consideration of current densities for sites in moderate to severe fire hazard zones, and adding Bien Doan (Councilmember, District 7)'s local-control research amendment. Result: passed, 9-2. No: Domingo Candelas (Councilmember, District 8), George Casey (Councilmember, District 10). 04:02:59

• City staff said the citywide planning team is at about 130 percent of capacity for the coming year 02:04:36
• City staff said meeting all current timelines would take 3.3 more full-time staff the division does not have 02:04:36
• City staff said the legislature considered 1,800 bills in 2026, 300 of them on planning and land use, after more than 450 such bills in seven years 02:05:36
• City staff said the next housing element is due in January 2031 and work must begin by January 2028 at the latest 02:12:02
• City staff used the ADU condominium ordinance as an example, saying even an accelerated, clearly directed change took about six months 02:16:15
• City staff said the next budget's planning fee update would aim to add at least two positions 02:17:20
• City staff warned that adding geography to a graduated density approach requires more analysis and complexity 02:19:23
• City staff said a March return with citywide outreach is unrealistic 02:20:29
• City staff warned that excluding high-opportunity areas, as the second memo proposes, risks the state housing department rejecting the program 02:20:29
• The chair said 90 percent of planning capacity goes to responding to state mandates 02:52:48
• The chair said the childcare work is not new city funding but removing barriers to opening and running childcare centers 02:53:55
• The chair described the group memo's intent as tiered density, higher closer to high-frequency transit 02:56:11
• The chair said council members are seeking a meeting with the state housing department to test what it actually requires 02:57:16
• A councilmember stressed that the council is approving an analysis of density, not any density 02:58:41
• City staff said reaching all 10 council districts for outreach in about a month and a half is unlikely 03:03:11
• A councilmember moved the group memo, changing the return date from end of March to as soon as possible 03:06:16
• A councilmember added consideration of current densities for sites in moderate to severe fire hazard zones, restating August direction 03:07:18
• A councilmember explained she did not include the second memo because she opposes carving high-resource areas out of possible upzoning 03:07:18
• A councilmember objected that smoke shop zoning work, directed by the council in May 2024, was deferred again in the staff-preferred option 03:10:09
• A councilmember argued East San Jose neighborhoods with more smoke shops and liquor stores also see disproportionate rates of cancer, diabetes and high blood pressure 03:13:02
• The chair said the council could choose in the next budget to fund more planners to speed up the backlog 03:14:02
• A councilmember said the department had previously told the council it did not need more planners, and urged staff to pursue outside grants 03:16:10
• The chair said he recently helped bring in $750,000 from Bloomberg to speed multifamily permitting 03:17:19
• George Casey (Councilmember, District 10) argued that if transit access justifies tiers, areas far from transit should stay at current density 03:17:52
• George Casey (Councilmember, District 10) urged first absorbing new state missing middle laws before upzoning, saying upzoning cannot be reversed 03:20:07
• Rosemary Kamei (Councilmember, District 1) said the current workload is not sustainable 03:22:05
• City staff said the tiered analysis would force deferral of other housing element work, including updates to the public outreach policy 03:24:59
• Rosemary Kamei (Councilmember, District 1) opposed the substitute, saying excluding areas would push density onto other districts 03:28:16
• A councilmember thanked colleagues for elevating the childcare policy work 03:29:45
• Anthony Tordillos (Councilmember, District 3) opposed the substitute as adding risk with the state and being unfair to other districts 03:31:34
• Anthony Tordillos (Councilmember, District 3) noted state law (SB 9) already allows four units on any single-family parcel 03:33:40
• Domingo Candelas (Councilmember, District 8) said his memo does not oppose the missing middle program but asks for judgment based on neighborhood conditions 03:34:34
• Michael Mulcahy (Councilmember, District 6) asked whether dropping the 32-units-per-acre study would free up capacity 03:36:13
• City staff said that before going that way, staff would want an early read from the state housing department 03:37:55
• A councilmember proposed directing the city attorney to prepare a local control protection strategy on charter authority and state preemption limits 03:39:41
• The chair suggested the city's intergovernmental relations team begin with research instead 03:41:49
• City staff said the administration could give an update on the local control work in January, as part of the 2027 legislative program 03:43:56
• A councilmember said she would vote against the substitute over fairness 03:46:28
• The chair said he would not back the substitute if it meant Districts 8 and 10 were removed from consideration 03:50:16
• City staff said transit access usually means within a half mile, so defining limited access beyond that is arbitrary 03:51:13
• City staff proposed seeking written feedback from the state housing department before investing heavily in the analysis 03:53:06
• The chair said the community has been told a final vote on the approach is expected by December next year 03:56:03
• A councilmember cautioned that a new state administration could change the state housing department's leadership and philosophy 03:56:40
• Anthony Tordillos (Councilmember, District 3) argued removing high-resource neighborhoods would push development into lower-resource areas 03:57:41

An early-stage go-ahead for BASIS Independent Schools to keep pursuing a general plan amendment on a site of about 3.98 gross acres (agenda) at 525 Race Street in District 6. The change would switch the land use from Industrial Park to Combined Industrial/Commercial so that a vacant 72,000-square-foot office building could become a private high school for up to 800 students and 100 staff, with a gym addition of about 6,000 square feet. This vote only lets processing continue. A final decision could come at a hearing cycle at the end of 2027. The Planning Commission recommended approval 10-0-1 (agenda). 04:03:28

• Michael Mulcahy (Councilmember, District 6) moved to continue processing the general plan amendment (seconder not named); Peter Ortiz (Councilmember, District 5) absent. Result: passed, unanimous. 04:19:59

• City staff said that if processing continues, a final approval or denial hearing could come at the end of 2027 04:03:58
• City staff described the site as a vacant two-story office building built in 1998 04:05:04
• City staff said the change would allow converting the building to a private high school for up to 800 students and 100 staff 04:05:04
• An applicant representative disclosed that the development advisors are registered lobbyists with the city 04:10:08
• An applicant representative said all pickup and drop-off queuing would be kept on the site 04:11:11
• A councilmember noted the project expands a school already operating a short walk away at Parkmoor and Race 04:14:14
• A councilmember responded to the jobs-land concern by noting a prior council had already set aside the larger block to the south for an 11-acre private school that never went forward 04:16:15
• A councilmember asked how the tuition-based school would serve underserved students 04:17:52
• An applicant representative answered that the school does not offer scholarships or tuition-reduction programs 04:19:24

A quasi-judicial hearing on two appeals against an approved eight-story, 276-unit apartment building with underground parking on a vacant 0.89-acre downtown site at West San Carlos Street and Gifford Avenue in District 6. Under state density bonus law, 14 units (5 percent) would be very low income, and the project received five design waivers. It was exempted from environmental review under the state's new AB 130 exemption. Appellants raised fire separation from an adjoining building, design standards, traffic, the exemption, and the city's separate purchase of the Knox Goodrich building from the same developer, Urban Catalyst. Labor groups argued the building may exceed 85 feet, the height at which AB 130 requires prevailing wage and skilled-workforce standards. Staff added a condition requiring the height to be verified before a building permit is issued, with labor standards applying if it is over 85 feet. The council denied both appeals and upheld the approval. 04:20:24

▶ Hear it Appellant group's speaker argues city has money riding on vote · 0:50

• Michael Mulcahy (Councilmember, District 6) moved to deny the environmental appeal and uphold the AB 130 exemption, deny the permit appeal, and approve the site development permit with conditions, including the height condition staff read into the record; Anthony Tordillos (Councilmember, District 3) seconded. Result: passed, unanimous. Recused: Peter Ortiz (Councilmember, District 5). 05:04:07

• City staff described the project as 276 units with 217 parking spaces 04:20:50
• City staff said the project includes 14 very low income units, which she described as 50 to 80 percent of area median income 04:21:51
• City staff said staff first questioned whether the site was on a hazardous materials list but concluded it is not and qualifies for the AB 130 exemption 04:23:33
• City staff summarized appellants' claims that the five density bonus waivers are unjustified 04:24:58
• City staff read into the record a new condition requiring height verification before a building permit, with AB 130 labor standards applying if the building exceeds 85 feet 04:29:27
• A councilmember disclosed that a member of her staff had an ex parte communication with the appellant 04:30:49
• An appellant representative argued for the adjoining commercial property's owner, an appellant, that the new building would sit directly against its building with no separation 04:31:17
• An appellant representative asked the council to require physical separation starting at six feet before fire issues are deferred 04:32:18
• An appellant representative argued for the neighborhood appellant that the council's June purchase of the Knox Goodrich building from the same developer creates a conflict 04:36:20
• An appellant representative argued that if the affordable units are actually low income rather than very low income, the project would not qualify for the density bonus 04:38:27
• A councilmember announced recusal after receiving campaign donations over $500 from Urban Catalyst 04:42:59
• An applicant representative said the developer accepts the staff height condition measured under the California Building Code 04:42:17
• An applicant representative said the fire variance was submitted October 16, after the director's hearing as the fire department directed, and is being processed 04:43:21
• Anthony Tordillos (Councilmember, District 3) said affordability requirements tied to low-moderate housing funds apply to the units eventually built at the Fountain Alley site, not to this project 04:51:45
• Anthony Tordillos (Councilmember, District 3) said he checked the law, and labor standards apply to buildings over 85 feet 04:51:45
• City staff confirmed that resolving fire code details through alternative means at the building permit stage is not unusual 04:52:56
• Michael Mulcahy (Councilmember, District 6) said neither his office nor the community knew of any link between the Knox purchase and this project when the council approved it 04:54:08
• Michael Mulcahy (Councilmember, District 6) listed neighborhood fixes under way, including nine streetlights on West San Carlos that were out because of copper wire theft 04:57:13
• City staff said the Knox Goodrich agreement includes timelines for this project but is outside the scope of this action 05:00:03
• City staff explained that under the building code the top floor surface measures about 84 feet 10 inches, with a three-foot parapet that does not count 05:01:06
• City staff told Domingo Candelas (Councilmember, District 8) that AB 130 itself has no affordability requirements 05:03:17
• City staff said the 5 percent very low income units let the project use unlimited waivers under density bonus law 05:03:32

A hearing on an appeal of the city's use of a CEQA infill exemption for a special use permit allowing a data center use of up to 20 megawatts inside an existing R&D building of about 97,800 square feet (agenda) on 4.86 acres in North San Jose, District 4. The permit allows no exterior changes. The tenant is NVIDIA, which uses the building for chip testing. The appellant, Citizens for Responsible Industry, argued that the project leaves out generators, cooling and other equipment, citing a separate air district application for a diesel backup generator, and asked for a full environmental impact report. Staff said any added exterior equipment would need a new permit and new environmental review, and that the city's decades-old data center definition, due for update in December, is why this permit was needed at all. The council denied the appeal. 05:04:11

• David Cohen (Councilmember, District 4) moved to deny the environmental appeal and uphold the infill exemption for 300 Holger Way, per staff recommendation (seconder not named); Peter Ortiz (Councilmember, District 5) absent. Result: passed, 9-0. Recused: Pam Foley (Councilmember, District 9; Vice Mayor). 05:46:57

• City staff described the permit as allowing a data center use up to 20 megawatts inside an existing R&D building 05:04:48
• City staff said the permit includes no exterior equipment, including no backup generators 05:05:49
• City staff said the San Jose Municipal Water System confirmed sufficient water supply for the use 05:10:57
• City staff said any expansion with new exterior equipment would require a new permit, air district permits and new environmental review 05:13:07
• An appellant representative argued for the appellant that a diesel generator applied for at the air district would emit six times the daily NOx significance threshold 05:15:59
• An appellant representative argued the city is piecemealing approvals in violation of CEQA instead of analyzing the whole project 05:17:01
• An applicant representative said for the applicant that the building is an entirely existing facility 05:19:56
• An applicant representative said all work on the building was done by a union signatory contractor 05:22:01
• An applicant representative said for the property owner that NVIDIA signed a ten-year lease about two years ago and has spent over $100 million remodeling 05:23:29
• A councilmember criticized the city code's data center definition as so broad it covers any building that houses computers 05:35:04
• City staff said data center standards coming in December will update the base definition 05:36:09
• City staff said the permit would expire if the use does not begin within two years 05:37:57
• An applicant representative declined to commit to letting the permit lapse, noting it can be extended two more years 05:40:43
• An applicant representative said the building has 8.5 megawatts of service now and future power needs are unknown 05:42:50
• A councilmember said there were no grounds for the CEQA appeal, urged fixing the definition so this does not recur, and moved staff's recommendation 05:44:58

The council interviewed applicants for two at-large seats on the five-member Civil Service Commission. One seat is an unexpired term ending November 30, 2027 (agenda); the other is a full term from December 1, 2026 to November 30, 2030. Three of six applicants appeared: the incumbent seeking reappointment, a retired county social services manager, and a software company executive who leads a District 2 community association. Members voted by paper ballot. The incumbent was not reappointed. 05:46:57

• Paper ballot to appoint a member-at-large to the full term ending November 30, 2030; the software executive was appointed over the incumbent; ten ballots were cast. Result: passed, 6-4. 06:12:22
• Paper ballot to appoint a member-at-large to the unexpired term ending November 30, 2027; the retired county manager was appointed; ten ballots were cast. Result: passed, 10-0. 06:12:22

• The city clerk explained that three of the six applicants were present and the incumbent was eligible only for the full term 05:48:23
• A commission applicant said as incumbent he wants to continue after four years on the commission 05:50:05
• A commission applicant described retiring after 30 years with the county as a social worker and serving as a discipline review officer 05:52:00
• A commission applicant described his private-sector management career at a software company 05:54:58
• The chair asked applicants how they would stay impartial when they empathize with someone who broke a rule 06:04:51

• Consent calendar and item 3.5: no public speakers.
• Item 3.3 (annual report): one caller questioned budget shortfalls given 12 property sales over $100 million called red-light cameras, speed cameras and parking meters revenue grabs, and urged dropping the Flock cameras to save money.
• Item 4.1 (police auditor report): about ten speakers, three in person and the rest online. Most focused on Flock/license plate reader cameras and the case of an officer who accessed data on a domestic violence survivor. Several called the personal-device ban a bare minimum and urged cancelling the Flock contract, covering cameras, and an independent audit of the system by the City Auditor with the auditor's office. Some described fear in immigrant communities about federal access to data. A local NAACP leader urged giving the auditor powers like those a new state law gives sheriff oversight bodies, including subpoena power. A former police oversight director said questions in his letter about leadership knowledge, audits and victim assistance remained unanswered. Other speakers criticized police professionalism and the police department's comments on profanity. Some supported adopting the auditor's recommendations.
• Item 8.1 (planning work plan): about two dozen speakers, roughly 11 in person and 13 online (the clerk had estimated about 20 in person beforehand). About ten family childcare providers and parent advocates asked that childcare policy work be included in the 2027 work plan, citing the city's December 2023 commitment. Several said home-based providers are closing because of TK/pre-K expansion and subsidy problems and asked for a seat at the table; many backed the memo from Matt Mahan (Mayor), Pam Foley (Councilmember, District 9; Vice Mayor), Pamela Campos (Councilmember, District 2), Anthony Tordillos (Councilmember, District 3) and Michael Mulcahy (Councilmember, District 6). About four owners or representatives of east-side Monterey Road / Coyote corridor properties asked the city to finish the suspended corridor study. About seven speakers opposed allowing 16, 24 or 32 units per acre in single-family neighborhoods, citing tree canopy, parking, traffic, privacy and loss of neighborhood input, and the Willow Glen Neighborhood Association urged keeping 8 units per acre. A housing advocacy group urged 32 units per acre in R-1 zones citywide and dropping parking and VMT barriers. A neighborhood association leader backed both memos and urged a public meeting with the state housing department director. One speaker asked to keep the retail-in-residential-neighborhoods and vacant storefront work over digital wayfinding.
• Item 10.2 (525 Race Street): two callers. One spoke favorably of the school; the other had meant to speak at open forum.
• Item 10.3 (470 West San Carlos): beyond the two appellants, about seven speakers. Three labor-affiliated speakers argued the building may exceed 85 feet and asked that its height be verified and AB 130 labor standards enforced, with one urging the hearing be continued. A neighborhood group member asked for written answers on the Knox Goodrich deal and a possible continuance. The downtown association supported the project. One caller raised fire risk, recalling the 2002 Santana Row fire, and another criticized road diets on San Carlos.
• Item 10.4 (300 Holger Way): eight speakers. Six opposed or asked for a delay: two nearby mobile home park residents, two Mothers Out Front members, a Sierra Club chapter staffer and a transit advocacy group leader. They cited diesel generator emissions, cooling noise, power reliability, water use and inadequate public notice. Two supported denying the appeal: a representative of the construction contractor and a longtime tech-industry resident.
• Open forum: no speakers.

• Data center standards and an updated base definition of data center are expected at council in December (the applicant's representative referred to December 8).
• The 300 Holger Way permit expires if the use does not begin within two years; the applicant said it can be extended two more years.
• Matt Mahan (Mayor) said he will bring forward a nominee for the next permanent Independent Police Auditor later this year.
• The police department said implementation of the 12 auditor recommendations should be complete by February 2027.
• David Cohen (Councilmember, District 4) said he would pursue regular reports from the auditor's office on open recommendations to the Rules Committee.
• City staff offered to work with the City Manager's Office on policy options for compensating people whose property is damaged by police actions.
• Planning staff will return on the tiered missing middle analysis as soon as possible rather than by end of March. Matt Mahan (Mayor) said council members are seeking a meeting with the state housing department, and that a final missing middle vote is expected by December 2027.
• Staff, including the intergovernmental relations team and the City Attorney, will research local land-use control options for the council's January 2027 discussion of the 2027 legislative program.
• Planning expects to propose a citywide planning fee update in the next budget, aiming to add at least two positions. The work plan is to come back annually; the agenda text says November 2028.
• Next year's budget: the full cost of the gun range ventilation project and longer-term red-light camera funding are to come with the proposed budget, and higher Measure E revenue is to be factored into interim housing funding.
• Columbus Park: construction is expected in summer 2027 and opening in summer 2028; nearby street paving is planned for next summer.
• 525 Race Street: a final hearing on the general plan amendment could come at the end of 2027.
• 470 West San Carlos: building height must be verified before a building permit is issued, and AB 130 labor standards apply if it is over 85 feet. The fire variance submitted October 16 is in process.
• Civil Service Commission: the clerk's office will contact the two appointees about their oath of office.

The commission's annual retreat, a study session with no votes. The Planning Director gave an overview of the department's workload. He said two things dominate it: data centers, with a new city data center policy heading to the commission and then the City Council, and the flood of state housing and land-use laws, which he said now drive most of the city's long-range planning work. 00:01:09

• City staff said a new data center policy would come to the commission next month on its way to the City Council in early December 00:02:11
• City staff said the legislature took up 1,800 bills in the last session, 300 of them on planning-related issues 00:03:16
• City staff said about 90% of the citywide planning work plan is state-mandated work or work responding to new state laws, crowding out council priorities 00:04:20
• City staff said this week's council discussion of the work plan reopened conversation about the missing middle housing items from the four-year review 00:05:21

Planning staff explained where things stand on three state housing rules. Builder's Remedy let developers bypass San Jose's general plan and zoning while the city lacked a state-certified housing element. The housing element itself is the city's state-required plan to make room for about 62,000 new homes by 2031. SB 79 is a new state law allowing housing within half a mile of many transit stations. Together these determine where housing can go in San Jose, and how much say the city and the commission have over it. 00:06:07

▶ Hear it Is the Builder's Remedy penalty too severe for cities? · 0:56

• City staff explained that Builder's Remedy is a penalty on cities without a certified housing element, letting qualifying projects ignore general plan and zoning 00:06:33
• City staff said the city can deny a qualifying project only by proving a specific adverse impact on public health and safety, and the burden is on the city 00:07:35
• City staff said such denials are very rare and he could not recall San Jose doing it 00:09:04
• City staff gave the required affordability options as 7% extremely low, 10% very low or 13% lower income 00:13:01
• City staff said staff worked with the developer of the Camden project to make sure its very-low-income for-sale units could actually be filled 00:11:54
• City staff said the city received 33 SB 330 preliminary applications between February and December 2023, and 24 of them became formal applications 00:13:17
• City staff said eight have been approved and two are pending, including a Topgolf ministerial permit and 741 South Winchester, which comes to the commission on appeal on November 4 00:13:48
• City staff said three applications were withdrawn, two found a different path and 11 remain under review or inactive 00:14:50
• A commissioner asked whether the consequences of lacking a housing element are too severe, given they let anyone build regardless of zoning 00:15:09
• City staff agreed the penalty is very severe and said the city took over two and a half years to write and certify its housing element 00:15:52
• City staff said the city plans to start the next housing element at the start of 2028 because it is due in January 2031 00:16:59
• City staff said cities out of compliance can face further penalties, including losing the ability to issue building permits or action by the Attorney General 00:18:40
• City staff said the eight approved projects total 697 units and replace a mix of uses 00:19:46
• City staff listed existing uses being replaced, including medical offices, restaurants, retail, Little League fields and an elementary school 00:19:46
• City staff said permits carry a two-year entitlement with an option to extend two more years to start construction 00:21:04
• City staff cited the 1655 Berryessa Road project of 62 townhomes beside the Berryessa BART station as an example of lower density than the city would want 00:21:20
• City staff said none of the approved Builder's Remedy projects has broken ground yet 00:22:11
• City staff said the housing element has over 130 programs whose progress the city must report to the state each year 00:24:46
• City staff said penalties come from failing to carry out promised actions rather than from missing the housing target itself 00:27:06
• City staff said the city had to show sites for 62,200 units on roughly 500 sites under the state's realistic-capacity rules 00:30:50
• City staff said the goal is to finish the next housing element by June 2030, ahead of the January 2031 deadline 00:32:56
• City staff said the city has produced several thousand units a year but has generally fallen far behind its targets, and offered to send the figures 00:34:20
• City staff said the biggest barrier is approved units that have not moved to construction because of economics 00:36:40
• City staff said three projects have been approved through the city's staff-level ministerial process adopted in December 2024, in about 100 days 00:36:40
• City staff said residential entitlements previously took about eight to nine months at the fastest and up to two to three years 00:38:12
• City staff said getting applicants' plans to completeness takes the longest, and staff are exploring earlier joint review with developers 00:40:30
• A commissioner suggested the city offer some kind of class to help developers submit complete applications 00:41:21
• A commissioner asked what penalties the city faces if it does not reach its housing allocation 00:43:05
• City staff said the allocation is an aspirational goal and a capacity the city must show, since the city itself does not build housing 00:44:44
• City staff said SB 79 took effect July 1 and covers about 56 light rail, Caltrain and BART stations in or near San Jose 00:45:23
• City staff said five industrial areas were exempted, and since July 1 the city has received no formal applications and one preliminary application 00:47:25
• City staff said staff will likely not pursue the exemption for sites lacking a one-mile walking path and will explain why in an information memo 00:49:30
• City staff said staff are drafting an ordinance defining demolition for historic resources, targeted for the commission in November 00:51:33

A senior deputy city attorney and planning staff walked through new state laws that limit local control over housing. These include the Starter Home Revitalization Act amendments, AB 1751, which allows by-right townhomes starting January 1, density bonus changes, a second ADU per lot, a CEQA exemption for the Diridon Station modernization, and environmental review changes. Staff said some of these laws could replace denser housing the city planned along corridors like Stevens Creek with townhomes, and leave historic properties unprotected. 00:52:14

▶ Hear it Why would a state housing law allow downzoning? · 0:58

• City staff said 1,800 bills went through the legislature this session, 300 related to planning, and 1,100 reached the governor 00:55:23
• City staff said he does not think the city will ever meet its housing target and would be lucky to reach half 00:56:24
• City staff said starter home subdivisions must be approved or denied within 60 days of a complete application or they are deemed approved 01:00:08
• City staff said qualifying starter home projects are capped at 10 units on 10 lots 01:02:14
• City staff described a proposal in the Rose Garden neighborhood to carve off a Mills Act historic home and subdivide lots around it 01:07:31
• City staff said that case, later dropped, showed the law has no protections for historic properties; SB 1116 changes take effect January 1, 2027 01:08:39
• City staff said AB 1751, signed September 29, creates a ministerial by-right path for townhomes that goes straight to building permit 01:09:40
• City staff warned that after January someone could build townhomes at about 22 units an acre on multifamily corridors like Stevens Creek, overriding city zoning 01:12:48
• A commissioner asked why the state would allow down zoning when its direction has been toward more housing 01:15:05
• City staff said the city carried that concern to the bill's author and the governor's office 01:15:28
• City staff said raising the urban residential minimum density to 50, discussed in the four-year review, could later exclude some sites 01:15:28
• City staff raised concern that AB 2433 lets multi-phase projects build market-rate units before the affordable units that earned their density bonus 01:18:28
• City staff said AB 956 allows two detached new ADUs per lot instead of one 01:20:38
• City staff said SB 1375, which the city helped pass, creates a CEQA exemption designed for the Diridon Station modernization 01:21:40
• City staff said AB 1457 sets a June 2031 deadline for the city's environmental justice element and strengthens outreach requirements 01:23:28
• City staff described aggressive approval deadlines in the ballot measure he called Proposition 45 and said staff hope it does not pass 01:26:34
• City staff said seven projects have been approved under the AB 130 CEQA exemption since July 2025, including several Builder's Remedy projects 01:27:34
• City staff said AB 130 projects skip transportation analysis, citing neighbor concerns over traffic and parking at a San Carlos and Gifford project heard by council Tuesday 01:28:37
• City staff warned that AB 130's tight deadlines could force staff to bring unready projects to hearing for denial 01:31:21

City Manager's Office staff answered commissioners' questions about data centers before the proposed citywide data center standards come to the commission on November 18 and the City Council on December 8. Topics included where data centers are allowed, how they are permitted, the revenue the city expects, and emissions. Staff also described a proposed change that would send appeals of data center permits straight to the City Council, where today the Planning Commission has the final say. A commissioner objected that it takes away a hearing where residents can speak; staff said it answers residents who want the council to decide controversial data center cases. 01:33:05

▶ Hear it Should data center appeals skip the Planning Commission? · 1:09

• City staff said the standards will come before the commission on November 18, so this session would not present them 01:33:05
• City staff said data centers are already allowed with a special use permit in four industrial and commercial zoning districts, which limits what the city can require 01:35:08
• City staff said the California Energy Commission leads environmental review when backup generation exceeds 50 megawatts 01:36:11
• City staff estimated a 99-megawatt data center brings about $6 million a year in utility user tax 01:39:20
• City staff estimated annual property tax at $500,000 to $1 million for a 99-megawatt data center 01:40:22
• City staff said one-time construction tax is likely closer to $17 million, and a commercial linkage fee and an energy programs fee are being proposed 01:40:22
• City staff said the proposal caps backup generators at 25 hours a year with Tier 4 certification, versus the air district's 50 hours 01:43:17
• City staff said the city's proposed requirements add to state CEQA standards even when the state leads the review 01:44:42
• City staff said council directed the standards in a May rules memo voted in June, and an August memo added community benefits, tax revenue and design 01:45:28
• City staff said the proposal sends all appeals of data center special use permits from the director's hearing to the City Council, bypassing the commission 01:48:49
• A commissioner objected that removing the commission takes away a chance for residents to give input, noting community concern and moratoriums elsewhere 01:53:04
• City staff said the appeal change responds to residents who want controversial data center decisions made by the council 01:53:20
• City staff said council directed staff to develop standards, not a moratorium, and that choice rests with the council 01:56:12
• A commissioner relayed residents' reports that no council members attend the data center listening sessions 01:57:05
• City staff said the full package goes to the commission and then to the City Council on December 8, with materials public November 10 02:02:17
• City staff said a draft at roughly 80% was presented at a community meeting last week 02:01:08
• City staff said the last community meeting drew over 300 people 02:06:25
• City staff said remaining input opportunities include the Youth Commission on October 26 and an online comment form 02:05:24
• A commissioner praised staff outreach and said he would rather see data centers in San Jose than elsewhere, with safeguards 02:08:53
• City staff estimated about 20 data centers operate in the city, mostly much smaller than the 99-megawatt ones now proposed 02:10:32
• City staff said many projects cap at 99 megawatts to stay under the Energy Commission's small power plant exemption 02:11:24
• City staff said the standards are not streamlining, citing limits on cooling systems and generator hours 02:13:58
• City staff said Santa Clara has so many data centers because its utility costs are lower than neighboring cities 02:14:38

Open public comment at the end of the retreat. One speaker, on Zoom, addressed the data center standards. 02:14:49

• A commissioner thanked the speaker and invited them to attend the November hearing 02:17:42

• One speaker, who said they work for the local Sierra Club chapter and live in San Jose, criticized the data center standards. The speaker said staff working on them are funded under a PG&E implementation agreement that mentions permit streamlining. They argued data center revenue is a tiny share of the city's budget relative to the power these facilities use. They also said community feedback has overwhelmingly called the standards inadequate and the August-to-December process too short, and that residents asked for a moratorium. They cited air, noise and heat impacts and unlimited generator use during outages, and asked that data center projects go to the City Council by default.

• November 4: the Builder's Remedy project at 741 South Winchester comes to the Planning Commission on appeal.
• November 10: the data center standards package (policy, ordinances, resolutions, nexus studies) is to be released to the public.
• November 18: data center standards come to the Planning Commission; December 8: to the City Council.
• November (target): an ordinance update defining demolition for historic resources comes to the Planning Commission.
• Staff plan an information memo to the City Council, to be shared with the commission, on the SB 79 walking-path exemption, which staff do not expect to pursue.
• October 26: the Youth Commission takes up data centers in a public meeting; staff also mentioned a District 7 neighborhood association meeting in early November (date given as November 5 or 7).
• January 1, 2027: AB 1751 townhome pathway takes effect, and SB 1116 starter home changes apply going forward.
• The housing element Annual Progress Report goes to the City Council in March and is due to the state April 1.
• Work on the seventh-cycle housing element is planned to start in early 2028, with completion targeted for June 2030 ahead of the January 2031 deadline; the environmental justice element is due June 2031.
• Staff offered to send commissioners the city's annual housing production numbers.
• Staff said they are looking at an update to the transportation analysis policy.
• Staff said the ballot measure they called Proposition 45 is on the upcoming election ballot.