Good morning.

It's 9 a.m.

and we are calling to order the planning director hearing of July 23rd, 2025.

My name is Sylvia Doe, 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 the raised hand feature in Zoom during the agenda item they would like to speak to or click star 9 on their phone.

Remember to keep your raise hand feature on until planning support staff identify your name to speak.

During the meeting, you could also call 408 535 8517 or email planning support staff at San Jose CA.gov and identify your name that is listed on Zoom, the 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 that 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 public 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.

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

First, I will identify each project as described on the agenda.

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.

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 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.

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 this 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 the permits are appealable in accordance with the requirements of Title 20 of the Municipal Code.

The planning director's actions on the environmental review for the permits under the California Environmental Quality Act are separately appealable in accordance with the requirements of Title 21 of the Municipal Code.

Before we begin, I want 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 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.

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

We're moving on to the second portion of the agenda, which is deferrals.

Any item scheduled for this morning for which deferral to a future meeting date is being requested will be moved to this portion of the agenda and considered on the matter of deferral.

I will identify any items to be deferred and ask for comments from the public.

If you want to change any of the deferral dates or speak to the question of deferring these or any other items, please use the raise hand feature in Zoom or click star 9 to raise your hand to speak.

I will now open the public hearing.

There is one item proposed for deferral this morning, and that is item 2A, and it's file number sp 2503 and ER25026.

This is a special use permit for a late night operation of a public eating establishment until 2 a.m.

located at 163 West Santa Clara Street.

Staff's recommendation is to drop this agenda item today to be re-noticed to a later hearing date per staff's request.

Are there any members of the public who would like to speak to this item?

And if so, this is your time to raise your hand in Zoom or click star 9.

Okay, I don't see any hands raised in Zoom.

So this item again will be dropped and be renoticed to a later date per staff's request.

The matter of deferrals is now closed.

Now moving on to the next part of the agenda, which is the consent calendar.

There will be no separate discussion of individual consent calendar items as they are considered to be routine and will be considered in 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 to one of these items, please raise the raised hand feature in Zoom or click star nine to raise your hand to speak.

There is one item on the consent calendar this morning, which is item 3A.

This is file number sp 25 012 and ER25-097.

This is a special use permit to allow the construction of retaining walls up to three feet in height on the rear and side yard of a single family property located at 1196 Broadleaf Lane.

Staff's recommendation is to consider the exemption in accordance with CEQA and approve the special use permit.

If there are any members of the public who would like to speak to this item, please raise your hand in Zoom or click star 9.