Planning Director Hearing - November 18, 2024
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Planning Director Hearing - November 18, 2024
The Planning Director Hearing, presided over by Hearing Officer David Keon, was held via Zoom to consider land use applications, including consent calendar items and public hearings for two projects.
Consent Calendar
- Items 3C, 3D, and 3E were approved as a single action:
- 3C: SP24-018 and ER24-128 – special use permit for a parking area and vehicular gate at Doyle Road and Lawrence Expressway.
- 3D: SP24-026 and ER24-173 – special use permit for a 4-foot retaining wall at 3297 Standard Drive.
- 3E: TE21-03101 – extension of a vesting tentative map to merge eight lots and alley at 802 South First Street.
Public Comments & Testimony
- For item 3A (125 Kirk Avenue), Lillian spoke about the removal of 18 ordinance-sized and 8 non-ordinance-sized trees, asking about replacement and climate impact. Amit, a neighbor from Highland Avenue, raised concerns about traffic, parking, and safety near Linda Vista Elementary School, and requested a detailed traffic analysis.
- For item 3B (2075 Alum Rock Avenue), Paula asked how the site would be maintained after demolition, specifically regarding garbage dumping and homeless issues.
Discussion Items
- Item 3A (PD22-013/T21045): Planned development permit to demolish an existing single-family home and construct up to 18 attached single-family residences on a 1.49-acre site, including removal of trees and approval of a vesting tentative map. Staff reported the project provides 20% affordable housing units for households at 30-80% AMI, with density increased from 8 to 12 dwelling units per acre via state density bonus. The hearing officer initially approved the permit, but later reopened it to add conditions #15 and #16 regarding inclusionary housing and SB330 replacement unit requirements. The applicant agreed to these conditions.
- Item 3B (SP24-010/ER24-051): Special use permit to demolish two industrial buildings on a 3.5-acre lot in the Alum Rock Urban Village. Existing fuel distribution use and other buildings will remain. No new construction is planned. The hearing officer approved the permit after receiving comments.
Key Outcomes
- Approved consent calendar items 3C, 3D, and 3E.
- Approved item 3A with added conditions #15 and #16: (1) inclusionary housing requiring two units at 30% AMI for 99 years, and (2) SB330 replacement unit requirement for one unit to be affordable to extremely low-income households for 55 years.
- Approved item 3B as submitted.
Meeting Transcript
Good morning. We are calling to order the planning director hearing of October 30th, 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. 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 they would like to speak to or to click star nine on their phone. Remember to keep your raise hand feature on until planning support staff identify that it is your turn to speak. During the meeting, please call 408-535-3505 or email planning support staff, all one word at San Jose CA.gov and identify your name that is listed on Zoom, phone number that you'll be calling to 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 identifies that they would like to speak and they are unmuted. Planning support staff will identify you by your name when it is your turn to speak. At that time, you will be unmuted and can provide comment for the allotted time. If you exceed your allotted time, you may be muted so that we can move on to the next speaker. Please note the following. The hearing procedure and order of input will be as follows. One, I will identify each project as described on the agenda. Second, for those items on the consent calendar, I will ask if anyone wishes to speak on the item. If a separate discussion is warranted, I will 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 under public hearing, I will ask staff to provide a brief staff 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 has 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 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 I may ask staff to answer questions, respond to comments made by the applicant or the public or further discuss the item. I will then take action on the item. If you challenge these land use decisions in court, you may be limited to raising only those issues you or someone else raised at the 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 the environmental review for the permit under the California California Environmental Quality Act, otherwise known as CECOA, are separately appealable in accordance with the requirements of Title 21 of the mixable code under environmental clearance. Before we begin, I want to remind members of the public to follow our code of conduct at the meetings. This includes commenting on the specific agenda item only. Public speakers will not engage in 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 orderly conduct of this meeting may result in the removal from the meeting. This meeting of the director hearing will now come to order. The first item is the item of deferrals. Any items scheduled for this morning for which deferral to a future meeting is being requested will be moved to this portion of the agenda and considered as a 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 on the question of deferring these or any other items, please use the raise hand feature in Zoom or click star nine to raise your hand to speak. I will now open the public hearing. The following items are proposed for deferral, no items. Does anybody have any staff or any have any requests for deferral of any items? Okay. Seeing none, the matter of deferrals is now closed. I will now move on to the consent calendar. There will be no separate discussion of individual consent calendar items as they're considered to be routine and will be considered a one action unless an item is moved to the public hearing calendar for separate discussion by the hearing officer. The public may comment on the entire consent calendar and any items removed from the consent calendar by the hearing officer. If you wish to speak on one of these items, please use the raise hand feature in Zoom or click the star 9 to raise a hand to speak. I will now list the projects that are on the consent calendar.
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