To call to the order of the planning director's hearing of October 16th, 2024.

My name is John 2, and I'm the hearing officer for today's agenda on behalf of and delegated by the director of planning, building and code enforcement, Christopher Burton.

This meeting is being held via Zoom conference call.

Members of the public will participate by following the instructions listed on page two of the agenda.

If you'd like to provide public comment, you have two men to identify yourself to provide public comment.

Participants who join electronically have audio input available on your computer or smartphone.

You may use the raise hand feature in Zoom or clicks R 9 on your phone if you dialed in.

To request to speak when your items being heard on the agenda.

Keep your raise hand feature on until staff identifies your turn to speak.

During the meeting, please call 408 to 535 3505 or email planning support staff at San Jose CA.gov and identify your name that's listed on Zoom or the phone number that you called in Zoom with.

And what item or items you would like to be commented on.

All members of the public will remain on mute until staff identifies their turn to speak and you are unmuted.

At that time, you'll be unmuted and provide comments during the allotted time.

If you see the allotted time, you may be muted so we can move on to the next speaker.

Please note the following.

The hearing procedure order operation will be as follows.

I will identify each project as described on the agenda.

For those items on the consent calendar, I will ask if anyone who wishes to speak on the item.

If a separate discussion is warranted, I'll move the item to 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 in the public hearing, I'll ask that 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 the name for the record.

After the applicant or representative have spoken, any member 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 vote should identify their name for the record.

Following calls from the public, the applicant may make additional marks for up to five minutes.

I will then close public comments and may ask staff to answer questions, respond to comments made by the applicant or the public or further discuss the item.

I would then take action on the item.

If you challenge these line use decision courts, you may be limited to raising only those issues you or someone else raised at the public hearing or ring corner response delivered to the city at or prior to the public hearing.

Applying director's action agenda will be final when the permit signed and mailed, unless the permit or the environmental closed determination is appealed.

The planning director's actions on the permits are appealable in accordance with requirements of title 20 of this body code.

The planning director's action of the environment review for permits under this California Ventral Quality Act are separately appealable in accordance with requirements of title 21 of this body code.

But before we begin, I'd like to remind members of the public to follow our code of conduct at meetings.

This includes commenting on the specific agenda item only.

Public speakers will not engage conversation with the hearing officer or staff.

The hearing officer and staff and the public are expected to refrain from abusive language.

Repeating failure to comply with the code of conduct will which will disturb, disrupt, or impede the orderly conduct of the unit and results and remove from the meeting.

The meeting of the director's hearing will now come to order.

Going first to the matter of deferral.

Any item scheduled this morning for deferrals will be deferred to a future meeting is being requested or will or is being requested with removed to the portion of this agenda and consider the matter deferral.

I see that there is no item on the matter of deferral.

Staff or anybody, is there any item that you would like to defer?

Or any member of the public would like to defer an item.

Please raise hand.

Currently see no hands, then the matter of deferral is now closed.

Consent calendar.

There'll be no separate discussion of individual consent calendars as I consider to be routine and be considered one action unless an item is moved to the public hearing agenda for separate discussion by the hearing officer.

The public may comment on the entire consent calendar or any item removed from the consent by the hearing officer.

If you wish to speak on this item, please use the raise hand feature in Zoom or star 9 to raise the hand to speak.

There's one item on the consent calendar, item 3A.

SP 23-018 and ER23-099.

Special use permit to allow daycare use for up to 100 children, including unproxy up to 842 square feet, first floor edition, modifications to the building facade, improvements to the parking lot, and landscaping at an existing single-story commercial building on approximate 0.45 gross acre site located at 4850 Hardwood Road.

CEQA is exempt for sequence guidelines section 15303C for new construction, conversion of small structures.

Staff recommendation is to consider an exemption according to CECA and approve a special use permit.

Now anybody would like to comment or pull the item from consent calendar.

I'm confirming that I do not see once again.

Please use the raise hand function or star nine if you would like to see uh pull or discuss the item on the consent calendar.

I do not see any support staff.

Do you see any?

Oh I do now see one hand.

Linda D please unmute yourself and on the item.