Good morning.

We're calling to order the call to order the planning director's hearing of October 22nd, 2025.

My name is Sean Toom, the hearing officer for today's agenda on behalf 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'd like to provide public comment, you have two methods to identify yourself to provide public comment.

Participant who joined electronically and have auto input available on your computer or smartphone.

You can use the raise hand feature in Zoom or click star 9 on your phone if you dialed in to request to speak when your items being heard on the agenda.

Keep your raise hand feature on until staff identifies 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's listed on Zoom or phone number that you call zoom in with and what items you would like to comment on.

All members of the public will remain on mute until staff identifies your turn to speak and you are unmuted.

At that time, you'll be unmuted and can provide comments during the allotted time.

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

Please note the following.

The hearing procedure of input will be as followed.

I'll identify each project as described on the agenda.

For those items on the consent calendar, I will ask if anyone who wishes to speak on the item.

If a separate discussion is warranted, I will move that move the item to the public hearing portion of the agenda.

If a separate discussion is not needed, the item will remain on consent calendar for approval.

For the items listed on the public hearing, I will ask that to provide a brief report.

The applicant or the respective 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 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.

Following comments from the public, the advocate may make additional remarks for up to five minutes.

I would then close public comments 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 actions on the item.

If you challenge these line use decision court, you'll be limited to raising only those issues you or someone else raised at this public hearing or in written correspondence.

Delivered to the city 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 learnings determination is appealed.

The planning director's action on the permits are appealable in accordance with the requirements of Title 20 of the South Code.

The planning director's actions on the environment review for permit code under the California Environmental Quality Act are separately appealable in accordance with requirements of title 21 of the Svality Code.

Before we begin, I would like to remind members of the public to follow our code of conduct at this meeting.

This includes commenting on the specific agenda items only.

Public speakers will not engage in conversation with the hearing officer or staff.

The hearing officer, staff and or the public are expected to frame from abusive language.

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

The meeting of the record's hearing will now come to order.

Alright.

On the matter of deferral, any item scheduled for hearing this morning for which deferral to a future meeting dating is being requested will be moved to this portion of the agenda and consider on the matter of deferral.

I'll identify any item to be deferred or ask the comments from the audience.

If you would like to change any of the deferred dates or speak to the question deferral from any items, please use the raise hand feature in Zoom or click star nine to raise hand to speak.

I'll now open to the public hearing.

There's currently no items proposed to defer.

Is there any member of the public who wants to speak on the matter of deferral?

Is anybody who wants to speak on the matter of deferral?

Feel free to raise hand or press star nine.

Seeing no raised hands or any uh hands for it, the matter deferrals now closed.

Moving on to the consent calendar.

There will be no separate discussion of individual consent calendar as they are considered to be routine and be considered 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 or any item from the consent 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 star nine to raise their hand to speak.

Consent calendar 3A T21-013 and ER25-156.

Is the vesting tended to map extension to allow the 24-month extension of a previously approved vest intended and tenant map.

File number T21-013 on our approximately 2.34 gross acre site located on the northwest of East Almond Avenue and Central Road.

Uh Council District 3 and 7.

Uh sequence of termination consistency with the Center Road Residential Project Initial Study, mediated negative decoration.

Staff's recommendation is considered the termination consistency with the Senator Road uh residential project initial study, make it a negative decoration and course of sequel and approve as the intended map extension.

Now does anybody want to speak on this matter on the TE 21-013?

Please use star nine or the raise hand feature in Zoom.

Once again, star nine or the reason feature in Zoom on the consent item 3A.

Okay.

Seeing no raise hands on the consent calendar, I'm going to approving the consent calendar, including item 3A.

Moving on to public hearing.

TR25-250.

Is a live tree removal permit for the removal of one redwood tree, one modesto ash tree, and one liquid amber tree with a circumference of 110 inches, 50 inches and 28 inches respectfully on the parking lot and common area and approximately seven gross acre multifamily residents.

So site at 4375 Payne Avenue.

Staff's recommendation is considered exemption to pursuant to SQL guidelines section 153018 for facility in corners of sequel and approve a live tree removal permit.

Do we have a staff presentation?

Good morning, hearing officer.

Yes, uh, my name is Cora McNaughton, uh staff planner for this tree removal permit application.

Um so this is a tree removal permit application to remove one coast redwood tree, one Modesto ash tree, one liquid ambar tree.

Um the circumferences has already been noted.

Uh the first two are um ordinance sized trees, the third one is not.

Um the site uh in question here is located on the northeast corner of Pain Avenue and Saratoga Avenue.

So the Coast Redwood tree and the Modesto Ash Tree that are proposed for removal are located in planting strips in the parking lot of this multifamily um development.

The applicant provided a report provided by a certified arborist, Jose Rios, which states that the trees are too large for the planting strips and as a result their root systems aren't fully developed.

The root systems extend into the paved area of the parking lot, uh where they're pushing up the pavement and creating a tripping hazard.

To remove the root systems from the paved areas, approximately 75% of the coast redwood trees root system and approximately 30% of the Modesto Ash Tree's root system would have to be removed, which in the arborist's opinion would cause a decline in health, such that the trees would become imminent hazards.

Therefore, the finding can be made pursuant to San Jose Municipal Code Section 1332 1083 that the condition of the trees with respect to danger of fall of failing is such that preservation of the public health or safety requires their removal.

Uh the applicant has also requested permission to remove the liquid MBAR tree to build an ADA compliant pathway to the site's recreation building, which is being remodeled with building permits approved in January of this year.

The liquid ambar tree is located within the route of the proposed pathway, which is the only route feasible on the site that meets ADA slope requirements.

So therefore, the finding can be made that the preservation of public safety requires that the tree be removed.

The project qualifies for categorical exemption from the California California Environmental Quality Act pursuant to section 15301 of the CEQA guidelines, which applies to maintenance or exterior alterations that do not represent a significant expansion of the use of the facility, in this case, a multifamily housing development.

Therefore, staff recommends that the planning director find that the project is in conformance with the California Environmental Quality Act and approve the live tree removal permit.

This concludes staff's presentation, and I'm available to answer any questions.

Thank you.

Thank you, staff.

Do you know you have the applicant here?

We do.

Caleb uh Burkholder represents the applicant.

His hand is raised.

All right, Caleb.

I've unmuted you.

Feel free to unmute yourself and speak on the applicant's part.

You have five minutes.

Um yeah, so as uh as Cora has uh mentioned earlier, um, we basically have two trees that are causing uh trip hazards in uh you know in a carport area, uh, and in order for us to, you know, kind of eliminate these trip hazards and also, you know, save kind of the the integrity of the car ports themselves.

Uh, we are asking that you know we're able to remove these trees, uh, and then obviously we'd have to go through and re uh replant trees uh, you know, in their in their absence, you know, per the city.

Um again, this is to eliminate any sort of trip hazards that we have in this particular area, um, you know, for the for the safety of the residents that are you know currently living on site.

Um, as far as the uh path of travel to the city sidewalk, uh, where the liquid amber resides.

Um, as Cora has mentioned, there are uh actually significant grade challenges on site, uh, trying to meet specific slopes uh such as crossops and run slopes for somebody that is uh you know disabled to get from the community building to the city sidewalk.

Um, if we try to propose an alternate route, we would then be putting ourselves in the path of even more trees or you know slopes where we would have to significantly alter the grading site.

Uh so we are trying to propose a path of travel that you know goes, you know, past this tree, uh, the liquid amber tree, which has a bunch of surface roots, um, in order to minimize the amount of grading needed uh as well as uh you know minimizing the uh difficulties for uh physically impaired individual from being able to get from the city sidewalk to the community building.

Okay, does that conclude your applicant's presentation?

Yep.

Okay, thank you.

Uh do you have anything to add?

Hi, yes.

Um, sorry, I meant to add that uh the applicant is proposing to uh replace the trees with six 24 inch box trees um under the uh the municipal code they're required to replace the existing trees with up to 11, 15 um 15-gallon trees, or um they can use 24-inch box trees in lieu of or one one box tree in lieu of uh 15 gallon trees.

So they are proposing to plant six new trees on uh throughout the property um to replace the trees that are being removed.

Thank you for that clarification, Cora.

All right, we are now going to move to public comments.

Uh Lillian, please unmute yourself.

Yes, this is Lillian Koenig.

I live in district three, but I'm very familiar with that area, and I am commenting on the redwood trees, the uh ash tree, and the other tree, which is called the liquid amber tree.

Um we are trying to in San Jose uh continue to work on our climate, our environment, and our sequit um uh CO2 in the atmosphere.

And so every time we re remove remove a tree, such as a redwood, which I don't know if that is considered a California tree, like a historic tree.

Um, but I bet anything, if you ask the residents who live there and who have seen those trees over the years, if they would be happy with removing those trees, I promise you you would get comments that would say, no, we would rather have those trees stay where they're at.

When you say six box trees, I believe box trees can be uh uh you know um switched around from one place to the other.

I would prefer to actually see trees planted within the soil itself.

Um when you say a box tree, maybe I'm wrong about that.

Um and then the other thing I have to say is it's right next to the library, it's not very far from that library where I used to go when I was a kid, like 50 years ago.

So I understand what is around there and the beautiful environment and all the trees and and things like that, but unfortunately, um the tree arborist, Mr.

Rios, it is unfortunate when we have a tree arborist that sides with the developer and not with the city's climate and environmental um envision plan to continue to keep our trees and keep San Jose as tree city USA.

And every time I hear a staff planner say we need to uproot these trees because we want to side with developers and we feel it's in the best interest.

What about the best interest of the city itself with its environment, its climate, it's CO2?

I personally don't understand why we don't invest more in saving our trees.

Thank you.

Thank you, Lillian.

And I have guests phone number any 923925 unmute yourself.

Yes, I'm unmuted.

My name is Nan Bilt.

I and um thank you for this opportunity to speak.

I have a question um and it has to do with the health and safety of the residents and the public which I think is the top priority.

And it's also important to acknowledge that mature trees trees people know and love and just by the nature of trees themselves they support the quality of life and health for people and for the whole community.

So my question is was it investigated whether the resurfacing or the re-leveling of the parking lot and the grounds would provide both safety for people and also preserve the lives of the trees and if that hasn't been looked at would it be possible to look into this as a solution and thank you that's my question.

Thank you if is there anybody else who would like to speak from the member of the public I would say the member of the public can you please use raise hand function okay one second can I have more land apartments I think it's Trisha.

Unmute yourself applicant.

Yes hi my name is Trisha I'm the property manager at Moreland Apartment um I just wanted to um kind of answer some questions that um the previous um colors had uh made comments on um we do have if you if you're familiar with our property and live in the area you'll notice that we do have um another grove of redwoods um on the property we have a lot of um large trees um redwoods some pines so there are a lot of trees that are still um on the property the one tree in particular the redwood tree um this tree um I've tried to hold on to it for as long as I can and unfortunately where this tree is located um it's in a park strip in the back of our property um and it has created um significant damage to the asphalt area i have um a predominantly large um elderly community here and this is the areas where they park um and i and it's just um it is a it is a trip hazard for them um we've tried to uh mitigate the um area in the past and as you know redwood trees grow and it's just getting larger and it's to the point where we we do have to remove this particular tree Nadia please unmute yourself Nadia please unmute yourself have a raise hand from Nadia do you please unmute yourself?

Yes.

There you go.

My name is Nadia.

And uh I heard the congratulations.

Uh between our neighbors and I spoke with some of our neighbors all our instrument of the red wood uh tree because it is uh making linking fresh air and uh making shadow waiting waiting.

Much needed shadow uh is this not more days.

So if very but you would need to save this tree, please investigate the options.

Thank you, Nadia.

If there's any of the comments, please raise hand or star nine from members of the public.

Okay, seeing or none, I'll give the applicant another five minutes.

Caleb, please unmute yourself.

All right, can you hear me?

All right, um, so yeah, as we've kind of heard a little bit on both sides.

Um, unfortunately, we've tried to find ways to save this tree uh while still, you know, well, trees uh and for you know, in reference to the carports, uh, in an effort to you know still get rid of these trip hazards and and keep the trees.

Unfortunately, as the uh the property manager has stated, um, these trees have kind of outgrown uh where they you know are supposed to be, you know, contained within.

Um, and you know, the roots are now causing damage to the actual uh system itself, the parking lot itself.

Uh so in order for us to fix these trip hazards that are arising for the you know again for the safety of the residents, we would have to ultimately uh remove these trees.

Um so that way we can fix the parking lot.

Uh and again save the structure of the carport, plus also again fix the uh the trip hazards that have made themselves uh you know apparent.

Um as far as where we would be planting these trees, again, this is something that uh, you know, the arborist works out with the city.

Um they would be planted, you know, in the soil.

Um, again, we've had to remove trees in the past, and again, the box is just it's just generally the size of the tree, essentially.

Um, it's it's not physically like you're putting a box out of the ground or anything like that.

So we are actually going to be putting more trees back, as Cora has mentioned.

Uh again, we're ultimately just trying to do what we think is, you know, going to provide a better community for this uh for this apartment complex uh by trying to address issues uh such as you know grading issues for the uh for the path of travel for uh disabled individuals, as well as again trying to fix uh the trip hazards that uh have made themselves apparent over the years, and that will only continue to get worse if something is not uh you know done while while we're currently here.

Um I know Trisha can speak more to that if needed.

Um, but again, we we ask you guys to give us this permission to remove these trees so that way we can go ahead and try and make this site a little safer for everybody.

And then again, I guess we will be planting more trees.

Um as the city has stated, uh, that is something that we have to do anytime you remove a tree.

Thank you, Caleb.

Uh staff.

Hi, yeah, I just wanted to address the uh comment about the 24-inch box trees, but Caleb already answered it, so I have nothing else to add.

Thanks.

Thank you, staff.

Thank you for all the people who commented on the tree on the tree.

I would acknowledge that the city is trying to reserve as many trees as we possibly can, knowledgeing the positive benefits related to shade and related to air pollution and their CO2 reduction.

Um, however, the city does a lot of process for live tree removal that includes requiring certain findings based on the permits, which discusses the Arborist report that the tree and trying to mediate and save the tree would still create an issue, and by removing those roots through roof to reduce the tripping hazard, it would ultimately lead to the decline in health of the tree, creating a potential safety hazard overall.

The applicant is agreed to put in six box size trees that will be planted into the ground consistent with our policy and replacement ratio.

So based on the findings of what we've heard today, I'm going to approve the tree removal uh application.

Given this was the only item on the public hearing, I will now adjourn today's hearing at 9 23 a.m.

Everybody else have a good day.