The San Jose City Council voted 9-2 to study tiered housing densities, higher near transit, in single-family neighborhoods. It also accepted the police auditor's 2025 report and denied an appeal over a data center in North San Jose.
City Council, Tuesday, October 20
Citywide planning work plan priorities and missing middle housing direction (02:01:49)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)2025 Independent Police Auditor year-end report and police response (01:02:17)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)Appeal of environmental exemption for data center use at 300 Holger Way (05:04:11)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)Invocation and ceremonial recognitions (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)2025-2026 City Manager's Annual Report and budget adjustments (00:37:26)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)Appeals of 276-unit housing project at 470 West San Carlos Street (04:20:24)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)Conditional vacation of part of Spring Street for Columbus Park (00:54:47)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)Early consideration: 525 Race Street general plan change for a private high school (04:03:28)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)Civil Service Commission appointments (05:46:57)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)Documents: Agenda, Agenda
Planning Commission, Friday, October 23
Data centers: background ahead of proposed city standards (01:33:05)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)Builder's Remedy, Housing Element and SB 79 updates (00:06:07)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)Public comment (02:14:49)A commissioner thanked the speaker and invited them to attend the November hearing (02:17:42)This episode was produced with AI from the public recording of the meeting. Links to the source are in the show notes.