Good morning. We are calling to order the Planning Director hearing of January 7, 2026.

My name is David Kian and I'm the hearing officer for today's agenda on behalf of and designated 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 2 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 audio input available on their computer or smartphone, they can use the raised hand feature in Zoom during the agenda item they'd like to speak or click star 9 on their phone.

Remember to keep your raised hand feature on into the planning support staff, identify it as your turn to speak.

Other option is that during the meeting, you can call 408-535-8517 or email planningsupportstaff at sanjoseca.gov and identify your name that is listed on Zoom, the phone number that you'll be calling into Zoom with, and what item or items you'd like to comment on.

All members of the public 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 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.

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 the staff to write 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 the 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 or 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 an action on the item.

If you challenge these line-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 in mail,

unless the permit or the 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, the zoning ordinance.

The planning director's actions on environmental review for the permits under the California Environmental Quality Act

are separately appealable in accordance with requirements under Title 21 of the Municipal Code under environmental clearance.

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

This includes commenting on specific agenda items 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.

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

So the first item is the item of deferrals.

So any item scheduled for 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.

Are there any items that I see no items currently scheduled for deferral?

Does anybody have any desire to defer any of the current items that are scheduled to deferral?

If anybody, please raise their, any planning staff does, please raise their hand.

Otherwise, I'm going to consider the matter of deferrals now closed.

Next, I'll move on to the main part of our agenda, which is the consent calendar.

There will be no separate discussion of individual consent calendar items.

As they are considered to be routine, it 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 on one of these items, please use the raise hand feature in Zoom or click star 9 to raise your hand to speak.

So there are two items.

The first is item 3A.

This is SP24047 and ER24258.

This is a special use permit to allow the construction of approximately 3,730 square foot field house, seven tennis courts, and a soccer field for the Harker School,

including demolition of existing church and three school buildings and removal of 86 trees,

including 27 ordnance-sized trees on an approximately 4.25 gross acre site located at 860 and 878 Boynton Avenue.

The CEQA for this project is exempt pursuant to CEQA Guidelines Section 15332 for infill development projects.

so this the staff recommendation is considered the exemption in accordance with sequel and

approve the special use from it is there anybody who wishes to speak on this item if there

is please raise your hand now i see

Jackie?

Thank you.

Yeah, you have raised me.

I see Jackie said you had a big comment.

Yes.

Thank you, hearing officer.

This is Jacqueline Guerrero, the planning project manager for item 3A.

I want to read into the record the changes to the draft permit posted online regarding

public works conditions of approval.

Condition number 33D4 regarding stormwater runoff pollution control measures will now include bullet point D, which states the following.

Execute a maintenance agreement between the City of San Jose and the developer for the proposed public flow through planter along Boynton Avenue Project Frontage, which is required to treat the stormwater runoff in the public right-of-way.

During phase one, the flow through planter will be irrigated and maintained by the developer under our said maintenance agreement.

During phase two or any subsequent phase, the developer shall design, procure, obtain permits, and install a new public irrigation service and system set flow through planter at developer's cost.

Upon acceptance and completion of the public improvements, the maintenance agreement will be revoked and the City of San Jose will maintain the public flow through planter.

Additionally, condition number 33I7 regarding seed improvement will now include condition letter K that states, construct a public flow through planter for the stormwater treatment of Boynton Avenue project frontage during phase one to be privately maintained and irrigated by the developer.

And the last change would be for number 33I8 will now state the following.

Construct a public irrigation service and public irrigation system for public flow through planter during phase two or any subsequent phase two allow the city to maintain the public stormwater treatment measures.

This concludes the changes and the applicant has accepted all of the changes.

Thank you.

Thank you, Jackie.

Is there anybody else who may wish to speak on this item?

If so, please raise your hand.

I see one.

Actually, I saw one hand raised, then it went down.

If you wish to speak on this item, please raise your hand, and we will consider moving it to the public hearing section of the agenda.

if. Support staff, have you received any requests to speak on this item?

No, we have not. Okay. Okay. Seeing no hands raised, I am now going to move on to item 3B.

So item 3B is TE20-031-01 and ER25-228.

This is a vesting tentative map extension to allow a 24-month extension of a previously approved vesting tentative map,

file number PT20-031, to subdivide one lot to nine lots,

including eight single-family residential lots and one common lot

on an approximately 0.443 gross acre site located at 972 Elm Street.

The CEQA is the determination of consistency with the 972 Elm Street Villas Project Initial Study Mitigated Native Declaration.

The staff recommendation is consider the determination of consistency with the 972 Elm Street Goa's project initial study mitigating negative declaration in accordance with CEQA and approve a vesting tenant of MAP extension.

Is there anybody who wishes to speak on this item? Item 3B? If so, please raise your hand now and Zoom or call in using star 9.

Support staff, have you received any requests to speak on this item?

No, we have not.

Okay.

Okay, seeing no hands raised, I am now going to move and approve the consent calendar.

So that's items number 3A and 3B.

Thank you.

So the consent calendar is now approved.

I'll now move on to the public hearing section of the calendar, and we have no items.

Therefore, I'm now moving to adjournment.

This concludes the planning director hearing for January 7, 2026.

Thank you.