San Jose Planning Director's Hearing - January 21, 2026: Tree Removal Permit Approved
San Jose Planning Director's Hearing - January 21, 2026
The Planning Director's Hearing, held via Zoom on January 21, 2026, was presided over by Hearing Officer John Tu. The meeting addressed routine consent calendar items and one public hearing item regarding a live tree removal permit for a coast live oak tree at 1489 Saratoga Avenue. After public testimony and deliberation, the hearing officer approved the permit.
Consent Calendar
- SP 24-044 and ER 24-252: Approved to allow expansion of a legal non-conforming single-family house at 525 Monero Avenue, from 868 sq ft to 1,541 sq ft, with CEQA exemption.
- T22-019 and ER22-132: Approved to subdivide an approximately 0.58 gross acre lot into three residential lots on Memorial Drive, with CEQA exemption.
Public Comments & Testimony
- Tree Removal Permit (TR25-373) for 1489 Saratoga Avenue: Multiple members of the public spoke in opposition to the removal of a 176-inch circumference coast live oak. Key points included:
- The tree provides critical habitat, shade, cooling, flood mitigation, and biodiversity benefits as a native keystone species.
- Replacement with a non-native tree (Chinese elm) is inadequate.
- The city's Community Forest Management Plan emphasizes preserving large, mature trees.
- Feasible design alternatives (e.g., shifting driveway, using structural soil, transplanting) were not exhausted according to a consulting arborist.
- Flooding risks may increase without the tree.
- Applicant (Kevin, owner's representative) : Supported approval, stating that alternatives were explored with an arborist and are not feasible due to root sensitivity and code compliance. The driveway location is dictated by site constraints (cul-de-sac, lot narrowing).
- Staff (Laura Miners, Planning Supervisor) : Recommended approval, noting the city arborist agreed no feasible redesign could save the tree.
Discussion Items
- TR25-373 – Live Tree Removal Permit: The permit seeks to remove one coast live oak (176 inches circumference) located in the footprint of a proposed driveway for a new single-family house. Staff determined the tree is on private property, not a street tree. The applicant must replace with one tree per city code. CEQA exemption (Section 15301) was applied. The hearing officer acknowledged public concerns but found that the code allows removal when preservation is infeasible, and the city arborist concurred. Alternate designs (e.g., one-car garage, transplanting) were deemed impractical or likely to fail.
Key Outcomes
- Approved: The live tree removal permit (TR25-373) was approved by Hearing Officer John Tu. The decision is based on staff findings that no feasible alternative exists to retain the tree while allowing a code-compliant single-family home. The replacement tree requirement (one native or non-native tree per code) applies. The approval can be appealed per Title 20 of the San Jose Municipal Code.
- The consent calendar items were approved as presented without public comment.
- Hearing adjourned at 9:38 AM.
Meeting Transcript
Good morning. We're calling to order the Planning Director's Hearing on January 1st, 2026. My name is John Tu, and I'm the Hearing Officer for today's agenda on behalf and delegated by the Director of Planning, Building, and Code Enforcement, Christopher Byrne. This meeting is being held via a Zoom conference call. A member of the public will 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 identify yourself to provide public comments. For participants joining electronically and have auto input available on your computer or smartphone, you can use the raised hand feature in Zoom or click star 9 on your phone if you dial it in. To request to speak when your item is being heard on the agenda, keep your raised hand feature on until staff identifies your turn to speak. During the meeting, please call 408-535-3505 or email plan and support staff at sonosaca.gov and identify your name that's listed on Zoom or the phone number that you call in Zoom or which item 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 you exceeded 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 input will be as followed. I'll identify each project and ascribe on the agenda. For those items on the consent calendar, I'll ask everyone 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 on public hearing, I'll ask that to provide a brief report. The applicant or the representative who wishes to speak 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 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 applicant may make additional remarks for up to five minutes. I will then close public comments. 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 it is challenging a line-usage decision in court, you may limit to raising only those issues or someone else raised at this public hearing or ring correspondence delivered to the city at or prior to the public hearing. The planning director's actions on jennings 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 the permit are appealable in accordance with the requirements of Title 20 of the municipality code. The planning director's actions on the environmental review for the permits under the California Environmental Quality Act, known as CEQA, are separately appealable in accordance with the requirements of Title 21 of the municipality code. Before I begin, I want to remind members of the public to follow our code of conduct at meetings. This includes commenting on the civic agenda items only. Public seekers will not engage in conversation with the hearing officer or staff. The hearing officer, staff, and the public are expected to refrain from a piece of language. Repeated failure to comply with the code of conduct, which will disturb, disrupt, or impede the early conduct of this meeting, will result in removal from the meeting. The meeting of directors will now come to order. First item on the agenda is the issue of deferral. Any items scheduled for hearing this morning for which deferral for future meetings being requested will move to this portion of the agenda and consider on the matter of deferral. I'll 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 in the question of deferral of these or any others, please use the raise hand feature in Zoom or click star 9 to raise a hand to speak. A now open public hearing. There are currently no items for deferral. Does anybody want to speak to the matter of deferral? Seeing no hands or no staff, the matter of deferral is now closed. Moving on to the consent calendar. There will be no separate discussion of individual consent counters that are considered to be routine and be considered in one action unless an item is moved to the public hearing counter
openpublica.com