Good morning.

It is 9 a.m.

and we are calling to order the Planning Director hearing of April 15th, 2026.

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 2 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 or click star 9 on their phone.

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

During the meeting, you can 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 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 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 first identify each project as listed 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 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 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 the 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 the removal from the meeting.

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

This brings us to the third part of the agenda, which is the consent calendar.

I'm sorry, let me start off with the second portion of the agenda, which is deferrals.

Any item scheduled for hearing 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 first 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 these or any other items, please use the raised hand feature in Zoom or click star 9 to raise your hand to speak.

I will now open the public hearing.

The following items are proposed for deferral, on which case there are two agendized items on today's agenda, none of which is being proposed for deferral.

But if there are any members of the public today that would like to request any of these two agendized items for deferral, now is a time.

And if so, please raise your hand on the matter of deferrals.

Just pausing a bit here to see if there's anyone raising their hand and would like to request any of today's hearing items to be heard at a future date rather than today.

Okay.

Seeing none, the matter of deferrals is now closed.

And we will move on to the third 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 on one of these items, please use the raised hand feature in Zoom or click star nine to raise your hand to speak.

And this morning there is one item on the consent calendar.

This is item 3A, which is file numbers PD 24-011 and ER24-138.

This is a planned development permit to construct an elevated pedestrian entry plaza for a church and remove an existing front staircase and three non-ordinate sized trees on a property located at 4600 Highland Avenue.

Staff's recommendation is to consider the exemption in accordance with CEQA and approve this planned development permit.

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

If so, please raise your hand.

And again, just for clarity, this item is on the consent calendar, meaning that it is recommended for approval and will remain on the consent calendar unless the members of the public would like to speak.

So if you have your hands raised, I would just like to ask whether you are interested in speaking in favor or in opposition of the project.

And if it is in opposition, then I'm happy to move this to the public hearing portion of the agenda.

Otherwise, if it's in favor, we can keep this on the consent calendar for approval.

I see one person with their hand raised.

Gustavo, if you wouldn't mind just for a moment, um, no need to comment on it, but just clarifying whether you would like to uh speak on the item uh in favor or in opposition.

And whether you're the member of the public.

Yes, I am a member of the public and I'm speaking in favor of this motion as we've been waiting patiently for years for this to happen, and we're extremely excited that it's on the consent calendar for approval.

Thank you so much.

Much appreciated.

Thank you so much, Gustavo, for clarifying.

Are there any other members of the public who would like to speak on this item with respect to removing it from the consent calendar because they would like to provide uh public comments on it?

Again, uh this item is on the consent calendar for approval.

So unless you're um you want to comment contrary to this approval, this item will otherwise remain on the consent calendar for approval and no need to speak on the item unless uh we should pull it from the consent calendar and speak to it under public hearing.

I see another member of the public with their hand raised.

Uh Mary Lou, can you clarify whether you would like to speak on this item in regards to being in favor or uh if you have questions or comments or concerns about the project?

I'm in can you hear me?

Yes, I can.

Good morning.

Yes, my name is Mary Louis.

I'm in favor of the project, and I just want to ditto Gustavo's comment.

And the main reason why is the project is not an ADA compliant.

Their deferrows are difficult to maneuver for the elderly and people with families.

So again, we strongly support this project.

Okay, thank you for clarifying.

Okay, are there any other members of the public again who would like to speak on this item?

Okay, seeing none, this item will remain on the consent calendar, and it will be uh hereby approved on the consent calendar as recommended by staff.

Thank you.

All right, onwards to the next portion of the agenda, which is public hearing.

This morning there is one item on public hearing.

This is item 4A, file numbers PD24-010 and ER24-167.

This is a planned development permit to convert an existing 11,868 square foot building into a restaurant and a banquet hall with late-night use until 2 a.m.

And the removal of one ordinance size tree for parking stalls and associated site improvements located at 113 Burnell Road.

And in terms of hearing procedures, just for the benefit of the public, first I will ask staff to provide a brief presentation.

Following that, the applicant will have up to five minutes to make their opening remarks.

And if there are any members of the public who would like to speak, you can raise your hand in Zoom at that point, and you will have up to two minutes to speak.

Thereafter, the applicants will have an additional five minutes to make any closing remarks.

And if I have any questions for staff with public or the applicant, uh that will be done at that time before I uh deliberate on the project itself.

All right, so with that, we'll start off with a presentation from staff.

Thank you, hearing officer.

Uh, may I share the screen?

Thanks.

Are you able to see my screen?

Yes, I can, Rena.

Thank you.

Okay, thanks.

All right.

Thank you, hearing officer.

This is Rena Shah project now.

I see your word document.

Oh, okay.

Uh we're going to unchair and share just your window.

Because I moved it.

Unchair Rita first.

Okay.

Yeah, stop share.

Just on that side.

Um are you able to see that now?

Yes, I see the screen with your PowerPoint presentation.

Okay.

All right.

Thank you, hearing officer.

This is Rena Shah, project manager for the planning division.

The proposed planned development permit will allow a restaurant and a banquet facility in an approximately 11,868 square foot building within a shopping center on an approximately 1.5 gross acre site.

The hours of operation will be daily from 11 a.m.

to 2 a.m.

The banquet facility and the late night use cannot commence without the approval of this PD permit.

There are no exterior building modifications or outdoor uses proposed.

The project includes the removal of one ordinance size tree, removal of four parking stalls, and the planting of four 15-gallon trees, and uh porch expansion in the uh stalls that are removed.

Um the indoor sitting capacity will be determined per the maximum occupancy allowed by the building and fire code.

The site will be immediately served by two uh driveways from the street frontage along Burnal Road and Via del Oro.

The project site is surrounded by single family homes across Burnal Road to the east, healthcare and religious assembly uses across Via del Oro to the south, commercial uses to the west, and a hotel and a drive-through restaurant to the north of the site.

The front entrance of the building is oriented towards the shopping center and the parking lot.

The proposed uh plan development permit is consistent with the site's general plan, land use designation of neighborhood community commercial, in that the proposed development will contribute to the continued vitality of the shopping center through the activation of a currently vacant building with the proposed use.

The project is consistent with general plan policies such as innovative economic policy i.e.

5.4, vibrant neighborhoods policy VN 5.2, and land use policy 5.1, which support entertainment offerings and cultural facilities.

As detailed in the draft permit, the site is within the APD planned development zoning district, established with zoning file number PDC 9696-039.

A public eating establishment with an incidental banquet hall is an allowed use.

The late night hours require a conditional use permit.

Since the subject site is in the planned development zoning district, all special and conditional uses of the C1 district are reviewed currently under planned development permit as they have as the applicant has submitted.

There's no minimum parking requirement for the updated parking ordinance.

The project will remove four stall stalls, but the shopping center requires 956 total parking spaces and will still have 1,121 parking spaces remaining, which conforms to the parking requirement per the general development plan.

The projected traffic was reviewed by Department of Transportation and found to be minimal for the final public works memo dated January 26, and the site is adequately served by existing public streets.

The project meets cities city or uh city noise ordinance as all activities will be carried entirely indoors.

For the operations plan, there are no outdoor uses.

The closest residence is approximately 235 feet from the entrance door to the residential property line across Bernal Road.

Applying the typical building attenuation of 10 dBA, the sound level would be approximately 43 dBA to 52 dBA at the residence, and the project would be compliant with the maximum 55 dBA limit allowed.

And this is also made condition of approval of this permit.

The noise report was prepared by qualified consultant Jacob Bernard and analyzed uh he analyzed DBA DNL noise level as well for the nighttime uses at the closest sensitive receptors and stated that the noise decibels would meet the maximum noise decibels of 55 decibels, as well as uh the DNL will not increase by more than 5 dBA and would be compliant with the general plan policy, noise policy EC 1.2 as analyzed in the draft permit.

The project is consistent with City Council policy 6 30 for public noticing and public outreach.

As an on-site sign describing the project was posted in um February of 2025.

Project has been noticed for a public hearing within the radius of 500 feet, and um the staff has been available to respond to public inquiries.

The project is also consistent with city council policy 6-27 for the evaluation of 24-hour uses.

The project was reviewed by San Jose Police Department for the late night use for the restaurant and the banquet facility and are neutral to the project as long as the police conditions are enforced.

And these are made conditions of approval of this permit as well.

So, under the provisions of section 15301 of the state guidelines for implement implementation of the California Environmental Quality Act, the project was found to be exempt from environmental review requirements of Title 21 of the San Jose Municipal Code implementing CEQA as amended.

Staff recommends that the director of planning considered uh the CECO exemption for the project in accordance and approved or proposed planned development permit with stated conditions of approval.

This concludes staff's presentation.

Applicant Thornton is here uh to make a short presentation.

Thank you.

Thank you for that, Raina.

The applicant at this time, I see your hand is raised.

Thank you so much.

You will have up to five minutes to make opening remarks.

Welcome, Thornton.

Hi.

You are unmuted.

Hi.

Yeah.

Thank you, Sylvia, and thank you, Raina.

Um, my name is Thornton, and I'm the architect for this project.

It's um we started uh the plan this permit for the planned development permit two years ago almost.

And um the uh it has quite a history.

Um the project, I should say, is currently under construction under a restaurant permit.

And um there are new owners, um Amon and Margit Cooner, who are in this meeting, and um they would like to open uh sometime in May or June.

Um I should say that the building um was a former restaurant, it was sweet tomatoes that closed most likely due to the pandemic.

Um we we plan to demolish the all of the interior walls and um we are building an 8,000 square foot dining space, a brand new commercial kitchen and new restrooms.

Um as Rena mentioned, four parking spaces will be removed to create a larger front entry plaza um to accommodate guests.

Um we are planning four new trees out in the front, and we plan to resurface the plaza and add exterior lighting, uh, which will be shielded and complies with city code.

Um let's see.

Um I should say that the um as I said, there's been a change of ownership both both in this this uh banquet hall, atria is called, um, and also in the mall.

So the mall was sold to a new owner.

Um we did have outdoor dining at one point, but that was nixed um due to the concerns with other tenants and the shared parking.

Um, so we abandoned that.

Um this concludes my presentation.

Great, thank you.

Um after public comments, you have an opportunity to make any closing remarks up to five minutes as well.

Thank you at this time, Thornton.

Okay, if there are any members of the public who would wish to speak on this item, now is your opportunity.

And if you're interested, please raise your hand in Zoom, or if you're calling in, you can click star nine.

So far, I see one hand raised, and we'll start with the member of the public um who is known as uh Burnell Road.

Hi, good morning.

I hired it.

Before you start the timer, I had a quick question.

Sure.

Um my neighbor who was here last week, actually before this got deferred, is a school teacher and was unable to make it this week.

Last week she was able to make it because it was spring break, and she gave me a statement.

So I wanted to see if that statement needed to be read within my two-minute time, or if it could have a separate time.

Uh for that circumstance, it'll be okay that we uh separate it.

I'm okay with that if you're reading it on her behalf.

Thank you.

So we'll start off with you, and then we can restart the timer for your neighbors' comments.

Perfect.

Thank you.

Sure.

Hi, good morning.

My name is Idra Flaxa.

Um, I live um, I'm actually the house reference, probably at the 235 feet mark.

Um, we are the closest house to the banquet hall uh slash uh restaurant.

And we've been there for about six years.

Uh we're raising a family there.

Uh we have a three-year-old daughter who goes to preschool every morning, and we actually have a newborn baby um expected in late October, early November.

And the we just wanted to point out a couple things in um some of the uh presentation that I found questionable, uh, which is the noise.

Uh I understand that a consultant, you know, showed that it probably wouldn't make a lot of noise in terms of like music.

Um, and that's fine with us, I think.

Um, if that's what the consultant says, but I think one thing that wasn't considered is that if if the banquet hall ends at 2 a.m., then people are going to be driving up and down Bernal Road, and more likely than not are gonna pass through our house in order to get to the freeway.

We're already woken up around like 7 or 8 a.m.

on the dot due to commuters driving past.

It's it's very loud on Bernal Road.

And I think um to know that people are gonna be ending their celebration at 2 a.m.

to drive on uh to maybe even linger or sober up until 2:30 or 3 a.m.

Not just on weekends, but Monday through Monday.

It seems very unfair, uh, quite honestly, especially with two babies who you know have to be on the schedule and wake up early.

Um that's really you know, my my only consideration.

Um, and that I just request that you do think about this a little bit more before approving it.

Um, and that um it's gonna have a huge effect on this.

Um I think that is my time, or I'm not sure if my time is up.

I can't really see.

But yeah, you have about 30 seconds remaining if you have any additional remarks.

If there's a way to to to check, you know, to consider that, that would be amazing.

Great.

Um, I can have uh staff respond to some of your comments uh after the public hearing comment is over.

Thank you.

And if you would like to uh read into the record your neighbors' comments, and if so, uh if you're able to provide their name for the record as well, that would be great.

And you'll have uh two minutes for their comments.

Yes.

Um I'm ready for that.

Okay.

Um her name is Jumin.

Uh she uh you don't need her address, right?

No, not at all.

That's good enough for their name.

Thank you.

Got it.

Uh we're looking on Bernal Rome, uh Burnall Road.

Our home is in a quiet residential zone.

Uh we have retained legal counsel to protect our rights.

Our attorney has advised uh advised us that a 2 a.m.

permit here uh violates uh San Jose municipal code.

Furthermore, uh World Health Organization research proves that late night causes real health risks uh real sorry, late night noises causes real health risks.

Granting this permit would ignore the city zoning laws and our legal right to a quiet home.

A 2 a.m.

closing time means our neighborhood will be hit by the noise of hundreds of guests dispersing at once, the sound of slamming car doors, rubbing engines, and shouting along with headlights shining directly into our windows will make sleep impossible.

And I think uh just as a comment to that, their house is directly in front of that driveway uh that uh people would be exiting out of um making sleep impossible.

This is not just a nuisance, it's a total disruption of our lives.

Um we are prepared to take further legal steps if necessary.

We ask the commission to deny the 2 a.m.

request and limit all operations to 9 p.m.

for both weekdays and weekends.

Thank you.

And yeah, she's a teacher, so she gets up pretty early too.

Um thank you for your considerations, counsel.

Thank you so much for your comments and your neighbors' comments.

Um, see another hand raised.

Dow, you'll be unmuted and you will have up to two minutes to speak.

And if you wouldn't mind reading your name into the record, thank you.

Good morning, Sylvia.

Can you hear me?

Good morning.

Yes, I can hear you.

Okay, my name is Downwin.

I'm just gonna follow echo uh what's uh he just said I'm at least uh the house next to Lumi, the the one who just um he uh the teacher.

So, you know, um I'm I'm probably gonna go against the uh the 2 a.m.

too because I have two kids, like in 12, and then my parents, you know, one is 80 and one is like 70, slipping right in front of that like uh bedroom across uh directly to that entrance.

And uh the traffic is very loud on on the daily basis already, yeah, early in the morning, sometime you know, car driving over, speeding with all that rolling noises.

It it's uh, you know, wake up my parents and my bedroom is next to it too.

So now now giving the situation that you know, closing at 2 a.m., a lot of guests coming in and out with that.

It it's gonna be a big disruption for my uh parents.

So I will go against it to 2 a.m.

Thank you.

Thank you so much for your comments.

If there are any other members of the public who would like to speak on this item, now is your opportunity.

Please raise your hand in Zoom or click star nine on your phone.

I'll just pause for a moment to see if there are any other speakers before we move back to the applicant to make their closing remarks.

Okay, seeing no hands, we'll move back to the applicant.

Thornton, you will have up to five minutes to make remarks.

And if there are any public comments that you're able to or would like to respond to their concerns, um, you can do so as well.

Thank you.

Okay, Thornton, you have up to five minutes to speak.

Okay, um the hours of operation are 11 a.m.

to 2 a.m.

weekdays and weekends.

It's true.

Um we we did have an uh a sound consultant.

Um you know, the the noise will be inside the banquet hall.

Um the part the building actually does screen the noise and also visually uh the goings on inside the building.

So because the the entry to the building is actually facing the parking lot away from the residential area.

So I think that'll buffer some of the sound and car headlights and um and also we're planning for trees.

So I think that could help mitigate the sound and the activity as it impacts your where you know the residential areas.

Thanks.

Okay, thank you.

You don't have any further comments.

I'll move on to staff to see.

Actually, you know, uh Thornton, since you still have the mic on, I do have a question for you.

Um if you uh wouldn't mind kind of explaining um the the proposal for the proposed late night use until 2 a.m.

for uh daily.

Sure, yeah.

Versus like you know, weekends or holidays or anything.

Right.

Okay, that's that's a good point.

Um so the most of the use will be on the weekends, not on the weekdays.

Um and uh they're for large private events, mostly weddings.

And um there will be alcohol served, but guests will bring their own alcohol.

Um the the new owners are applying for a separate permit for the alcohol usage.

Um again, and there will be deliveries during the weekdays, nine to twelve.

Um again, the uh the main use will be on the weekends.

Um and it will be for private events.

And I anticipate the events will be from what I've when I've talked with the owners, uh the size of most of the events will be I think between you know under 200 people.

I mean, I know the dining room capacity is uh it has up to 600, but there'll be probably one to 200 people or even less than that.

Thanks for your consideration.

Sure.

Thank you for clarifying the uh proposed uh actual operating hours or the frequency of it.

All right, I'll move over to staff if you have any uh comments related to the public comments that were raised, um particularly uh several members of the public uh mentioned about noise.

So if you can elaborate anything about the uh noise analysis prepared by the noise consultant, such as you know, existing uh road noise conditions and whether anything uh outdoor noise uh was also analyzed as part of that.

And um you can also speak to whether there are any permit conditions that might uh address noise concerns as well.

Um yes, here uh thank you, hearing officer.

Um they do have um Jacob, who's the noise consultant, is present here to provide uh exactly how he analyzed the outdoor noise as well.

But there are uh just to speak to the permit conditions, there are conditions in the permit which requires security at the uh at the entry entry of the of the building, which uh according to their operations plan will monitor people in and out and uh having uh best practices of going straight to their car and driving uh away.

Uh sufficient lighting um and stop training will also be provided.

Um the noise uh uh well for the car and people and uh driving away uh on the road uh is something that uh you know is bound to occur, but there is uh uh a certain limit uh which uh will be uh uh kind of adhered to, uh, which is the 55 decibels, and I will have Jacob speak to that, uh that how he analyzed that outdoor noise.

Thank you.

Thank you, Arena.

Jacob, I see your hand is raised.

Uh you are unmuted, and if uh since this is a question coming from me, you won't necessarily be limited to uh a speaking time or anything since these are clarifying questions that I have that the members of the public raised.

Yeah, so if you can speak to uh some of the the noise analysis that was done in a little bit more uh detail, um more specifically about existing noise conditions, noise levels, and then um how the analysis was done to ultimately conclude that the average noise levels won't exceed 55 decibels at the property line since there are neighbors uh who live across the street.

Yeah, absolutely.

So originally uh when we were planning on having an outdoor dining area, I uh simulated um some sound from there and took measurements at uh 124, the uh closest resident right across the street.

I also took some ambient um recordings of just uh vehicle traffic um without any simulated sound of just the uh cars driving by um and the simulated sounds outside of the um the the venue are uh well in excess of what uh uh vehicle uh people exiting.

I I use pink noise at 105 dB and measured it across the street.

Uh also with the construction of the um with the removal of those four parking spaces and the construction of that um courtyard area entryway, uh that will also mitigate some of the noises of of folks uh when they when they're leaving.

Um and on on top of that, the vehicle exiting uh if if vehicles are to exit um off of the uh parking lot uh directly facing south uh east, they won't be driving on the side of Burnall Road that the houses are, uh, two four, one two two, one twenty, though those single family residents on that side of the street.

Um, but yeah, as uh a hundred and five dB simulated sound um from that right in front of the front door.

Um then I I took measurements uh in front of the um houses, the ambient traffic was actually louder than the simulated uh noise coming from the the front of the building.

So uh regular vehicle traffic um was in excess of uh 60 uh three, uh 63 to 70 dB.

That's that's just a vehicle driving by when the light turned uh green.

Um, and that being a public road, um, you know, just vehicle traffic is to be expected, uh, and the sound with the uh courtyard area with will which will have um you know an enclosed space uh doesn't exceed 51.9 dB with a simulated um sound of of 105 from the the point source there.

So uh I don't think that the uh folks exiting the venue uh are going to have any perceptible sound um noticed from the single family homes on the other side of the street.

Um and when they're exiting, also they won't be driving necessarily on that side of the road.

Um I know that there are there are some trees in the median um in the uh right in front of 122, 120 and 116.

Um, but they're uh and that that should also additionally buffer sounds for the houses in that side.

Um and then additionally, this with all of the amplified sound being contained inside of the building um between the exterior walls and the tree line.

Uh none of that should be um trans transferred across the street.

Um that's that's it for now in case unless there's any other questions.

Thank you for all of that uh technical information that went into your analysis.

I don't have any further questions right now.

Um Thornton, do you still have your hand raised?

Yes, I just wanted from earlier.

Okay, yeah, you do have uh about two minutes left, I believe, uh from comments.

So go ahead.

Just wanted to clarify uh there there actually will be no enclosed outdoor dining area.

We we remove that.

Um Jacob may have not have been aware of that.

I apologize.

Um to clarify, there is no outdoor dining.

Uh there is no enclosure.

Um, it's just going to be an open plaza in the front at the front entry.

So um, and again, all the activity is going to take place inside the building.

We were we made two revisions.

We had a much larger outdoor dining area planned, then we remove that because of the new mall ownership.

Then we created a smaller uh enclosed outdoor area, and now that is gone as well.

So it's just it's all all the activity takes place inside the building.

Hope that clarifies it.

Yeah, thank you for clarifying that and uh for modifying your project to address uh potential nuisances that might uh come with having late night uses.

Rena, did you have uh follow-up comments?

Uh yes, and I wanted to just go with uh what uh the permit conditions have been uh will be um uh will be implemented.

So I have doors and windows will remain closed after 10 p.m.

No loitering in the uh on the outside uh outside of the building.

Exterior walls shall include installation or equivalent if if it was found that the sound is filtering out.

So this is for their operations plan.

Entry and exit points shall be managed to minimize sound leakage.

And no outdoor amplified sound is permitted at all.

So those will be adhered to for their operations plan.

And it's part of their permit conditions as well.

Thanks so much for adding that information as well and including it as part of the permit conditions.

All right.

So as part of thinking through this project, did want to acknowledge mostly for the benefit of the public that restaurant uses are allowed by right to operate until midnight without a use permit.

So really the purpose as part of this plan development permit that's being considered is really because there's a banquet facility use being proposed as well as just late night uses proposed in general past midnight until 2 a.m.

So that's part of the consideration as to why this planned development permit is being required.

And really even though restaurants could operate until midnight, this because of the proposed late night uses and the banquet facility use, this planned development permit will allow the city to place permit conditions on it on the proposed project to help alleviate or mitigate any potential impacts that may come with uh proposed banquet facility or late night use.

Rena, if we wouldn't wouldn't mind uh meeting yourself just to eliminate some background noise, thank you.

Um also as part of um considering this project, do you want to acknowledge that um while there are residential uses within 300 feet of this uh banquet facility and late night use project proposal, um, it is also um located across uh six-lane major arterial street.

Um, and as the neighbors and uh have kind of acknowledged it is uh a relatively busy street as it is.

Um in thinking through this project, um thank you, Rena, for acknowledging that staff thought through the permit conditions to place on this project so that again potential impacts like noise in particular would be addressed accordingly.

And as Rena mentioned, uh, that it includes requiring that doors be remained closed during late-night operational hours, no amplified sounds, and there's also an inclusion of uh anti-loitering and security uh requirements as uh imposed by the San Jose Police Department as well as they reviewed this project.

Um, and those security requirements would be uh needed to be adhered to and consistent with the city's municipal code requirements as uh this use uh becomes uh operational.

Um also wanted to acknowledge that again, thank you to the applicant of her staff as they're reviewing this project for modifying this project by eliminating any outdoor activities so that that will lessen any potential impacts to the neighbors and maintaining really the core part of the proposed use indoors only again with windows and doors being closed.

Um in uh response to the neighbors' concerns about outdoor activities that might result from uh customers or patrons from this uh restaurant or banquet facility uh after hours as they leave, um the permit conditions uh regarding anti-loitering and also security maintaining the property as well uh would help uh mitigate those potential impacts.

Uh so for those reasons, because in particular of the no outdoor activity being proposed and the strict permit conditions placed on this plan development permit.

I uh will be approving this plan development permit per staff's recommendation as well as the exemption in accordance with CEQA.

All right, and seeing uh that there are no other projects agendized on the public hearing, this brings us to the end of today's hearing.

And we are hereby concluding this planning director's hearing for April 15th, 2026 at 9 45 a.m.

Thank you so much to the neighbors for attending and voicing your concerns and appreciate everyone for your attendance today.

Thank you.