The Planning Director Hearing, presided over by Hearing Officer Ruth Cueto on behalf of the Director of Planning, Building and Code Enforcement, convened on June 6, 2025. The meeting addressed two public hearing items: a special use permit for a banquet facility and a live tree removal permit. Due to a noticing error, one item was continued to June 11, 2025. No consent calendar items were considered.
Applicant: Dewey Vo (applicant/representative) Proposal: Special use permit to allow a banquet facility (approximately 5,546 sq ft) in a vacant tenant space within a commercial shopping center. Hours of operation proposed: 10 a.m. to midnight. Indoor seating capacity determined by fire/building code. No exterior modifications or outdoor uses. Parking: 84 vehicle spaces + 9 bicycle spaces (no minimum requirement). Noise limit: 55 dBA at residential property lines (Condition 21).
Staff Recommendation: Approve the special use permit with standard conditions, finding consistency with General Plan (NCC designation) and applicable policies. Environmental exemption under CEQA (Class 15303).
Public Testimony:
Applicant Response: Dewey Vo acknowledged concerns and stated the following: events would end around 11 p.m.; no outdoor use; back door for emergency only; designated smoking area away from residences; number of events unknown but expected mostly on weekends; proposed security and cameras; alcohol served by caterer with their own license. He offered to work with neighbors and agreed to limit amplified sound and possibly end earlier than midnight.
Staff Clarifications:
Hearing Officer Decision: Approved the special use permit with amendments:
Applicant: Ali (owner) Proposal: Removal of two ordinance-sized native oak trees (123 and 135 inches in circumference) from a 0.54-acre vacant single-family lot to allow construction of a new home and retaining wall. Replacement: two 15-gallon oak trees in rear yard.
Staff Recommendation: Approve the live tree removal permit with condition that trees may only be removed after building permit, grading permit, and foundation laying. Staff noted that a building permit was filed in 2024 and is under review. The trees are within 5 ft of planned retaining wall; arborist report concluded removal is necessary.
Public Testimony:
Staff Response:
Hearing Officer Decision: Approved the live tree removal permit with the following modifications to Condition 5 (Validation of Tree Permit):
Good morning. Um, we are calling to order the planning director hearing of June 4th, 2025. My name is Ruth Cueto, 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. One for participants who joined electronically and have audio input available on their computer or smartphone. They can use a raised 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 raised hand feature on until planning support staff identify your turn to speak. Two, 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, the phone number, um, phone number that you'll call into 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 muted, so we can move on to the next speaker. Please note the following. For those on 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. The applicant or their representative who wishes to speak on the item will have up to five minutes to speak and should identify themselves by stating their name. 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. Following comments from the public, the applicant may make additional remarks for up to five minutes. Public speakers will not engage in a conversation with the director, with the hearing officer or staff. This meeting of the director will now come to order. We will begin. A special use permit to allow the construction of 36 residential townhome units, subject to state density bonus law and retaining walls up to seven feet in height, the demolition of four existing houses and three accessory structures, and the removal of 80 trees, including 36 ordinance sized trees on an approximately one and a half gross acre site. Vesting tentative map to combine three lots into one lot and allow a subdivision with up to 36 condominium unit lots. Units located at 2820, 2840, and 2848 Florence Avenue in Council District 5. Staff is recommending that we drop and renotices to June 11th. Staff, um, do you have any comments? Good morning, hearing officer. This is Cora McNaughton, the project manager for this development project. Yes, there was an error in the original um hearing notice for this for this item, and that it has been dropped and renotised for um next week director hearing. And that's all. Thanks. Thank you. Any members of the public that wish to speak? Like we have an Amy Martinez. Amy, you are unmuted. Amy, you are unmuted. Hello. Hi, my name is Amy Martinez. I'm a member of the neighborhood of Alam Rock. I just want to know are the are the neighbors going to be notified that there's three notice. For those who weren't able to join today, will they be notified that this project is renoticed for next week's meeting on June 11th? That is correct. So the notices should have been sent out already to everyone who was noticed for today's hearing. They would have received they would receive a notice for next week's hearing as well. So we should have, or we will be notified because I have not received another notification yet. Okay, you should have been.