Good morning.

We are calling to order the planning director hearing of January 8th, 2025.

My name is David Keon, and I am the hearing officer for today's agenda on behalf of and designated by the Director of Planning, Building, and Code Enforcement, Christopher Burton.

This meeting will be 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 joined 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, or click star nine on their phone.

Remember to keep your raise hand feature on until planning support staff identifies your turn to speak.

During the meeting, you can also 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 the Zoom phone number that you'd be calling in 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 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 can provide comment for the allotted time.

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

Please note the following.

The hearing procedure and order of input will be as follows.

I will identify each project as described on the agenda.

For those items on the consent calendar, I'll ask if 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 then 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 any item that would be provide testimony up to two minutes per speaker, either for or against the project.

All members of the public should identify their name or 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 this public hearing or a 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 environmental clearance determination is appealed.

The planning director's actions and permits are appealable in accordance with the requirements of Title 20 of the municipal code zoning ordinance.

Planning director's actions on environmental review for the permits under the California Environmental Polity Act, separately appealable in accordance with requirements of 21 in the municipal code under environmental review, 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 speaker hearing officers, staff, and the public are expected to refrain from abusive language.

Repeated failure to comply with the code of conduct will that will disturb, disrupt, or impede the orderly conduct of this meeting may result in removal from the meeting.

This meeting of the director hearing would now come to order.

Item number two.

An item that she may want to defer to.

Yes.

Good morning, hearing officer.

Uh Cora McDonald, project manager for item 3B, file number H23026 located at 5220 and 5330 Prospect Road.

I would like to request that this item be dropped and renotised for the January 22nd director's hearing because the prior demolition of an existing fast food restaurant on the site was not included in the project description.

The applicant has agreed to this deferral.

Thank you.

Okay.

So I am going to move item number 3B to deferrals.

So item 3B is file number H23026 and ER23207.

This is the site development permit for the removal of four trees, including three ordinance sized trees for the development of a surface parking lot with 93 parking spaces on an approximately 0.87 gross acre vacant site for an adjacent church located at 5220 and 5320 Project Prospect Road in the Westgate Community Bible Church.

So this has been requested for deferral.

I did want to ask just a real quickly a clarification.

Core, did you want to drop and re send new notices or just defer the item at this hearing?

Since dropping to re-notic would mean that you would have to actually do new notices.

Deferring would just be, we'd say at this point that would be deferred to the January 22nd.

Are you requesting deferral or dropping the item?

We are actually dropping the item and deferring it to that date because the project description needs to be uh changed until it will be need to be renoticed with the new project description.

And I just want to clarify: is there sufficient time to re-notice for the January 22nd or should we just report staff has indicated that that um there isn't there is sufficient time to re-notice?

Okay.

Okay, thank you.

So at this point, um, I am going to open the public hearing on the matter of item 3b for deferral.

If anybody the applicant team or member of the public wants to speak on the matter of dropping and renotising this item for the January 22nd director's hearing, um, please raise your hand at this time.

Um support staff, have you been contacted by anybody?