OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

San Jose Planning Director Hearing – December 12, 2025

Planning CommissionFriday, December 12, 2025
BodySan Jose, California
SessionPlanning Commission
DateFriday, December 12, 2025
StatusFILED
Video Record
0:00 / 1:17:07
Transcript — Verbatim
0:00

Okay, good morning, everybody.

0:06

We are calling to order the Planning Director hearing of December 10th, 2025.

0:12

My name is Martina Davis and I am the hearing officer for today's agenda on behalf of and

0:16

delegated by the Director of Planning, Building, and Code Enforcement, Christopher Burton.

0:21

This meeting is being held via Zoom conference call.

0:25

of the public may participate by following the instructions listed on page two of the agenda.

0:31

If you would like to provide public comment, you have two methods to do so. So the first method for

0:35

participants who joined electronically and have audio input available on their computer or their

0:40

smartphone, you can use the raised hand feature in Zoom during the agenda item you'd like to speak on

0:45

or click star nine on the phone. Remember to keep your raised hand feature on until planning support

0:51

staff identify your turn to speak. If you need to call in for audio during the meeting, please call

0:57

408-535-8517 or email planningsupportstaff at sanjosaca.gov and identify your name that's listed

1:10

on the Zoom and the phone number you'll be calling in with and what items you would like to comment

1:15

on. All members of the public will remain on mute until the individual identifies they would like

1:21

to speak and they are unmuted. Planning support staff will identify you by name when it is your

1:26

turn to speak. At that time, you will be unmuted and can provide a comment for the allotted time.

1:31

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

1:35

Please note the following. The hearing procedure and order of input will be as follows. I will

1:40

identify each project as described on the agenda. For those items listed on the consent calendar,

1:46

there will not be separate discussion, but I will ask if anyone wishes to speak on the item.

1:53

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

1:58

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

2:04

For those items listed under public hearing, I will ask staff to provide a brief report.

2:09

The applicant or the representative who wishes to speak on the item will then have up to five

2:13

minutes to speak and should identify themselves by stating their name for the record. After the

2:18

applicant or their representatives has spoken, any member of the public who wishes to speak on

2:24

the item may provide testimony up to two minutes per speaker, either for or against the project.

2:30

All members of the public should identify their name for the record, although this is not required.

2:35

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

2:41

I will then close the public hearing.

2:43

I may ask staff to answer questions, respond to comments made by the applicant or the public, or further discuss the item.

2:49

I will then take action on the item.

2:51

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 meeting or in written correspondence delivered to the city at or prior to the public hearing.

3:03

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.

3:10

The planning director's actions on permits are appealable in accordance with the requirements of Title 20 of the Municipal Code, which is the zoning ordinance.

3:19

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

3:31

Before we begin, I want to remind members of the public to follow our code of conduct at meetings.

3:36

This includes commenting on the specific agenda item only.

3:40

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

3:44

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

3:48

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

3:57

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

3:59

Okay, so first agenda item we have today is deferrals. Any items scheduled for a hearing this morning for which a 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.

4:16

I will identify any items to be deferred and ask for comments from the audience. If you want to change any of the deferral dates or speak to the question of deferring the items, please raise your hand.

4:24

I'll now open the public hearing. However, we have no items recommended for deferral this morning.

4:31

And any changes to that? I'll give a second for staff to let me know if you have anything you want to defer.

4:38

Okay, I see nobody. The matter of deferrals is now closed.

4:42

And we will move on to our consent calendar.

4:45

So as a reminder, there will be no separate discussion of individual items as they are considered to be routine

4:51

and will be considered one action unless an item is moved to the public hearing calendar for separate discussion by the hearing officer.

4:58

The public may comment on the entire consent calendar and any items removed from the consent calendar by the hearing officer.

5:04

If you wish to speak on one of these items, please use the raised hand feature in Zoom or click star nine and raise your hand to speak.

5:13

So what I'm going to do is I'm going to read each item individually, and then I will ask if you want to pull this item, that item off consent to discuss it at public hearing to raise your hand after I read that specific item.

5:27

And then we'll check in and make sure you want to pull it.

5:29

And then at the end, I'll give one more opportunity to pull any items that anyone missed the first read around.

5:35

So with that, we will start with H24035 and ER24174.

5:43

This is a site development permit for construction of a 100% affordable five-story residential building with 128 units, 127 units subject to the state density bonus law and one manager's unit, and the demolition of an approximately 5,600 square foot single family house and removal of 14 trees, including four ordinance-sized trees with extending construction hours on Saturdays from 8 to 5.

6:07

On an approximately 1.5 gross acre site located at 1207 North Capitol Avenue, Council District 4, the CEQA clearance is a mitigated negative declaration for 1207 North Capitol project.

6:22

And the staff recommendation is to consider the mitigated negative declaration in accordance with CEQA and approve a site development permit.

6:29

Would anyone like to pull this item off of the consent calendar for discussion at public hearing?

Discussion Breakdown — Share of Meeting
Affordable Housing██████████████████████████████████████38%
Procedural████████████████████20%
Engineering And Infrastructure███████████████████19%
Public Safety████████████12%
Transportation Safety███████7%
Community Engagement██2%
Technology and Innovation1%
Personnel Matters1%
Summary of Proceedings

San Jose Planning Director Hearing – December 12, 2025

Note: The meeting transcript identifies the date as December 10, 2025, but the provided timestamp indicates December 12, 2025. This summary uses the given date.

The hearing considered several development permits, including a 100% affordable housing project, an expansion of a recycling facility, and a builder's remedy subdivision. The hearing officer approved all items after public testimony and staff reports.

Consent Calendar

  • Item B (H25024): Site development permit for a duplex and tree removal at 374 South 21st Street. Approved.
  • Item C (HA2100601): Site development permit amendment for a research and development facility at 5853 Rue Ferrari. Approved.
  • Item E (T25002): Tentative map to subdivide a non-residential lot at 1650 Technology Drive. Approved.

Public Comments & Testimony

  • Item A (1207 North Capitol Ave):
    • Gennaro Diaz (NorCal Carpenters Union) expressed concerns about labor practices of developer Danko, citing multiple wage violations and penalties.
    • Lillian Koenig (District 3 resident) opposed tree removal and questioned affordability of housing.
    • Goetz Frank (architect) noted the project replaces 14 trees with 33 new ones.
    • Christina attempted to speak but had technical difficulties.
  • Item D (Valley Recycling):
    • Kay (neighboring business owner) described dust and debris issues, stating that 24/7 operations would be devastating.
    • Applicant Michael Gross attributed dust control to BAAQMD compliance and new water truck.
  • Final Item (879 Franquette Ave):
    • Jason (public) argued the street cannot handle additional traffic and called the project unsafe, referencing a blind turn and existing congestion.

Discussion Items

  • Item A (H24035 & ER24174): 100% affordable five-story residential building (128 units, 127 density bonus, 1 manager unit) at 1207 North Capitol Ave. Staff recommended approval. The hearing officer noted labor issues are not within purview; tree replacement ratio is favorable. Approved the mitigated negative declaration and site development permit.
  • Item D (SP24029 & ER24198): Special use permit to increase CDI debris intake from 175 to 2,451 tons per day and allow 24/7 operations at Valley Recycling, 1611 South 7th Street. Staff and LEA reported no dust citations. The hearing officer referenced the new water truck and approved the permit with exemption.
  • Final Item (H23044 & T23031): Builder's remedy project (five single-family homes, demolition, tree removal) at 879 Franquette Ave. Despite inconsistencies with zoning and design guidelines, the Housing Accountability Act restricts denial. Staff found no specific adverse health/safety impacts. Fire department confirmed access. Hearing officer commended developer for design modifications. Approved the site development permit and tentative map.

Key Outcomes

  • Item A: Approved with mitigated negative declaration. No changes to conditions.
  • Item D: Approved with CEQA exemption. Hearing officer encouraged neighbors to report future issues to code enforcement and BAAQMD.
  • Final Item: Approved as a builder's remedy project. The city will continue to evaluate the Kirtner-Coastal intersection separately.
  • Consent Calendar items B, C, E approved without discussion.

Meeting Transcript

Okay, good morning, everybody. We are calling to order the Planning Director hearing of December 10th, 2025. My name is Martina Davis 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. 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. So the first method for participants who joined electronically and have audio input available on their computer or their smartphone, you can use the raised hand feature in Zoom during the agenda item you'd like to speak on or click star nine on the phone. Remember to keep your raised hand feature on until planning support staff identify your turn to speak. If you need to call in for audio during the meeting, please call 408-535-8517 or email planningsupportstaff at sanjosaca.gov and identify your name that's listed on the Zoom and the phone number you'll be calling in with and what 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 a 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. I will identify each project as described on the agenda. For those items listed on the consent calendar, there will not be separate discussion, but I will ask if anyone wishes to speak on the item. If a separate discussion is warranted, I will move the item to 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 their representatives 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 this 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. 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 meeting or in written correspondence delivered to the city at or prior to the public hearing. 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 on permits are appealable in accordance with the requirements of Title 20 of the Municipal Code, which is the zoning ordinance. The planning director's actions on the environmental review per permits under the California Environmental Quality Act are separately appealable in accordance with the requirements of Title 21 of the Municipal Code, which is the environmental clearance ordinance. 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 the meeting, may result in removal from the meeting. The meeting of the director's hearing will now come to order. Okay, so first agenda item we have today is deferrals. Any items scheduled for a hearing this morning for which a 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 audience. If you want to change any of the deferral dates or speak to the question of deferring the items, please raise your hand. I'll now open the public hearing. However, we have no items recommended for deferral this morning. And any changes to that? I'll give a second for staff to let me know if you have anything you want to defer. Okay, I see nobody. The matter of deferrals is now closed. And we will move on to our consent calendar. So as a reminder, there will be no separate discussion of individual items as they are considered to be routine and will be considered one action unless an item is moved to the public hearing calendar for separate discussion by the hearing officer.

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