Planning Director Hearing - October 2, 2024
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Planning Director Hearing - October 2, 2024
The Planning Director Hearing convened at 9:00 AM on October 2, 2024, via Zoom, with Hearing Officer David Keon presiding. The meeting addressed two items on the consent calendar, one of which was moved to a public hearing. Key decisions included approvals of a site development permit for a gate and a special use permit for retaining walls.
Consent Calendar
- Item 3A (File H24025 / ER24113): Site development permit for a six-foot-high automatic vehicle gate at the entrance of the existing commercial building's surface parking lot at 3131 South Bascomb Avenue. No public comments were received, and the item was approved without discussion.
- Item 3B (SP24-006 / ER24-033): Special use permit for retaining walls up to 12 feet in height at 3487 Romstead Drive. Initially on the consent calendar, this item was moved to the public hearing after a public speaker requested clarification on the wall locations.
Public Comments & Testimony
- A resident of 1228 Readline Court asked for specific location details of the retaining walls and requested a map showing the orientation relative to their property. Staff shared a Google satellite view and identified the proposed house location and surrounding walls.
- Staff noted that an email was received from a neighbor expressing concerns about environmental impacts of construction, particularly traffic and noise.
Discussion Items
- Item 3B (Special Use Permit): Hearing Officer David Keon moved the item to a public hearing to allow further discussion. Planning Project Manager Cameron G. presented the staff report, describing the project as a special use permit for retaining walls up to 12 feet in height to facilitate grading and future construction of a single-family residence on a vacant 1.5-acre lot zoned R1-5 (lower hillside). The retaining walls would surround the proposed house. A geo-hazard clearance was approved on August 14, 2024. The project is exempt from CEQA under Section 15303 (new construction or conversion of small structures). Notices were mailed to property owners within 500 feet, and an on-site sign was posted since March 15, 2024. Standard environmental permit conditions apply, restricting construction to 7 AM–7 PM Monday through Friday, with conditions for air quality, water quality, and cultural resources. No tree removals are involved.
- The public speaker confirmed satisfaction after viewing the map. No further public testimony was provided. The hearing officer then closed the public hearing.
Key Outcomes
- Item 3A (Gate permit): Approved as part of the consent calendar.
- Item 3B (Retaining walls): Approved with standard environmental conditions. The hearing officer noted the project's consistency with development standards and the approved geo-hazard clearance.
- The meeting adjourned at 9:18 AM.
Note: The transcript references a meeting date of September 18, 2024, but the official meeting date is October 2, 2024, as specified.
Meeting Transcript
Good morning. We are calling to order the planning director hearing of September 18, 2024. My name is David Keon and I am the hearing officer for today's agenda on behalf of and delegated by the Director of Planning, Building and Code Enforcement, Christopher Burton. Just wanted to have a sound check. Anna, you can hear me. Good. Okay, good. Thanks. I'll continue. This meeting is being held via Zoom conference call. Members of the public may participate by following the instructions listed on page two of the agenda. If you would like to provide public comment, you have two methods to do so. For participants who join electronically and have audio input available on their computer or smartphone, they can use the raise hand feature in Zoom during the agenda item that they would like to speak or to click pound star nine on their phone. Remember to keep your raise hand feature on until the planning support staff has identified that it's your turn to speak. During the meeting, you can also call 408-535-3505 or email planning support staff at San Jose CA.gov and identify your name that is listed on the Zoom, phone number that you call into the Zoom with and what item or items you would like to comment on. All members of the public will remain on mute until the individual identities to the individual identifies they would like to speak and they are unmuted. Planning support staff will identify you by name when it is your turn to speak. At that time, you will be unmuted and you can provide comment for the allotted time. If you exceed your allotted time, you will be muted so we can move on to the next speaker. Please note the following. The hearing procedure and order of input will be as follows. First, we will I will identify each project as described on the agenda. For those items on the consent calendar, I will ask anyone wishes to speak on the item. If a separate discussion is warranted, I will move the item to the public hearing portion of the agenda. If a separate discussion is not needed, the item will remain on the consent calendar for approval. For those items listed under public hearing, I will ask staff to provide a brief report. The applicant or the representative who wishes to speak on the item will have up to five minutes to speak and should identify themselves by stating their name for the record. After the applicant or the representative have spoken, any members of the public who wishes to speak on the item may provide testimony up to two minutes per speaker, either for or against the project. All members of the public should identify their name for the record, although it is not required. Following comments from the public, the applicant may make additional remarks for up to five minutes. I will then close the public hearing and they may ask staff to answer questions, respond to comments made by the applicant or the public, or further discuss the item. I will then make an action on the item. If you challenge these land use decisions in court, you may be limited to by raising only those issues you or someone else raised at this public hearing or in written correspondence delivered to the city at or prior to the public hearing. The planning director's actions on agenda items will be final when the permit is signed and mailed, unless the permit or the environmental clearance determination is appealed. The planning director's actions on permits are appealable in accordance with the requirements of Title 20 of the municipal code, otherwise known as the zoning ordinance. The planning director's actions on environment review for the permits under the California Environmental Quality Act, CEQA are separately appealable in accordance with the requirements of Title 21 of the municipal code environmental clearance. Before we begin, I want to remind members of the public to follow our code of conduct at meetings. This includes commenting on specific agenda items only. Public speakers will not engage in a conversation with the hearing officer or staff. The hearing officer, staff, and the public are expected to refrain from abusive language. Repeated failure to comply with the code of conduct, which will disturb, disrupt, or impede the ordinary conduct of this meeting may result in removal from the meeting. This meeting of the plan, the director hearing will now come to order. First item is the item of deferrals. Any item scheduled for hearing this morning for which a deferral to a future meeting date is being requested will be moved to this portion of the agenda and considered on the matter of deferral. I will identify any items to be deferred and ask for comments from the audience. If you want to change any of the deferral dates or speak to the question of deferring, these or any other items, please use the raise hand feature on Zoom or click star nine to raise a hand to speak. I'll now open the public hearing. There are no items scheduled for deferral. Is there any request for a deferral? The item of manner of deferrals is now closed.
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