Planning Director Hearing – January 30, 2025
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Planning Director Hearing – January 30, 2025
The hearing officer, Ruth Gueto, called the meeting to order on January 30, 2025, via Zoom. The agenda included one consent calendar item. No public comments were received, and the item was approved without discussion.
Consent Calendar
- Item 3A (H23-026, ER23-207): Site development permit to allow the demolition (previously performed without permit) of an approximately 1,300-square-foot restaurant and removal of four trees (including three ordinance-sized trees) for the development of a surface parking lot with 93 parking spaces on a 0.87-acre vacant site adjacent to Westgate Community Bible Church at 5220 and 5330 Prospect Road. Staff recommended approval under CEQA exemption (Section 15301). The hearing officer approved the item as part of the consent calendar.
Note: The transcript of this meeting indicates the date as January 22, 2025, but the meeting date provided for this summary is January 30, 2025.
Meeting Transcript
Good morning. We are calling to order the planning director hearing of January 22nd, 2025. My name is Ruth Gueto, 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 joined electronically and have audio input available on their computer or smartphone, they can use a raise hand feature in Zoom during the agenda item they would like to speak to or click star nine on their phone. Remember to keep your hand raise feature on until planning support staff identify your turn to speak. During the meeting, please call 408-535-3505 or email planning support staff at San Jose CA.gov and identify your name that is listed on Zoom. Phone number that you'll call in 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 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 on mute. You may be muted so that we can move on to the next speaker. Please note the following. 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 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. After the applicant or their 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. The planning director's actions on the environmental 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. 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 orderly conduct of this meeting, may result in removal from the meeting. This meeting of the director's hearing will now come to order. We will begin today's meeting with the deferrals. I do not see any items listed under deferral. I open the public hearing on deferral. The staff or a member of the public wish to speak on an item for deferral. Seeing none. The matter of deferral is now closed, and we will move on to item three on the agenda, which is a consent calendar. There is one item on the consent calendar, which is 3A. H23 026 and ER23 207, site development permit to allow the demolition, the prior demolition without benefit of a permit of an approximately 1,300 square foot restaurant and 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 5330 Prospect Road, owned by Westgate Community Bible Church. Staff recommendation is to consider the exemption pursuant to CEQA guidelines section 15301 for existing facilities and to approve the site development permit. The staff or anyone from the public wish to speak on this item. Hearing no requests to speak or see any hands raised. Thank you for joining us.
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