Mon, May 11, 2026·San Jose, California·Planning Commission

Planning Director Hearing - May 6, 2026: Harker School Expansion Special Use Permit

Discussion Breakdown

Transportation Safety62%
Land Use20%
Procedural18%

Summary

Planning Director Hearing - May 6, 2026

The hearing officer Ruth Cueto presided over a planning director hearing via Zoom. One item was deferred, no consent calendar items were present, and one public hearing was held for a special use permit to allow Harker School to expand from 580 to 650 students with two phases of construction. After staff presentation, public testimony in opposition, and applicant response, the hearing officer approved the permit with conditions.

Public Comments & Testimony

  • Gail Wilson (neighbor since 1969) strongly objected to the project due to traffic, stating it is impossible to exit Bucknall and Weston Drive during school hours and that parents park on streets, creating unsafe conditions.
  • Debbie (neighbor) echoed traffic and parking concerns, noted lack of traffic control on Rincon, questioned tree replacement types, and expressed concern about activities until 8 p.m. impacting long-time residents.
  • Nandini Acharya (resident on Della Court) objected primarily due to traffic, citing dangerous driving by Harker parents who ignore four-way stops, and noted that school personnel prioritized Harker parents over stop sign rules.
  • Raji (neighbor since 1989) spoke against the project, citing traffic, noise from 7 a.m. to 8 p.m., and inability to park or unload without getting citations; suggested if expansion proceeds, offer to buy out the neighborhood.
  • Shamit (resident on Dorbal) expressed apprehension about traffic, noting backups on Weston and Bucknell, dangerous conditions for Baker Elementary students, and highlighted community inequality as Harker tuition is $51,000/year while neighborhood quality of life is sacrificed.

Discussion Items

  • Project Description and Environmental Review: Staff (Rena, Court Hitchens) presented the special use permit for Harker School expansion. Phase 1 includes demolition of the library and construction of a 34,156 sq ft multi-purpose building with basement parking; Phase 2 includes demolition of a portable and a 4,300 sq ft classroom addition. Removal of 43 trees (21 ordinance-sized) and planting of 91 new 24-inch box trees. Student capacity increase from 580 to 650, staff up to 190. CEQA review resulted in a mitigated negative declaration with mitigation measures for air quality, hazardous materials, cultural resources, and nesting birds. Noise and vibration assessment concluded operational noise would not exceed 3 dBA DNL at sensitive receptors; construction restricted to 7 a.m. to 7 p.m. weekdays within 500 feet of residences.
  • Traffic and Transportation Analysis: Florence and Rena explained the transportation analysis (January 2026) based on 38 net AM and 17 net PM trips, finding less-than-significant VMT impacts due to continued carpool and private shuttle programs. The project provides a $100,000 monetary contribution for traffic calming measures (e.g., speed humps, crosswalk enhancements) to be determined post-occupancy in coordination with Council District 1 and neighbors. Transportation demand management (TDM) measures include shuttles, education, and marketing of multimodal options.
  • Applicant Response: Brian Yeager (Harker representative) thanked staff and emphasized that the project increases queuing space by 50% and adds 20 parking spots, reducing on-street backup. He addressed parent education efforts, stating the school reinforces rules against parking in driveways and blocking streets. He clarified that the school day ends at 6 p.m., not 8 p.m. (construction hours apply), and that most perimeter redwood trees will remain; replacement trees are similar species (London plane, Chinese pistache, red maple).
  • Hearing Officer Remarks: Ruth Cueto acknowledged public frustration, encouraged a multi-pronged approach to traffic (infrastructure, education, enforcement), and urged neighbors to contact the council office regarding the $100,000 traffic calming funds and to submit enforcement requests to SJPD.

Key Outcomes

  • Approval: Hearing officer approved the special use permit (SP25-008) and considered the mitigated negative declaration (ER25-076) in accordance with CEQA, subject to conditions including the $100,000 traffic calming contribution, tree replacement, construction hour restrictions, and TDM implementation.
  • Deferral: Item 2A (PD 25-019, EV charging station project) was deferred to the May 20, 2026 director hearing per staff request.

Note: The user-provided meeting date (2026-05-11) differs from the transcript (May 6, 2026). This summary uses the date from the transcript.

Meeting Transcript

Good morning. We are calling to order the planning director hearing of May 6, 2026. My name is Ruth Cueto, 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 two 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 to, or click star nine on their phone. Remember to keep your raised hand feature on until planning support staff identify your turn to speak. During the meeting, please call 408 535 8517 or email planning support staff at San Jose CA.gov and identify your name that is listed on Zoom, 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 identify each project as described on the agenda. For those items on the consent calendar, I will ask if anyone wishes to speak on them. 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 their 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 their representative has spoken, any member of the public who wishes to speak on the item may provide testimony for 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 a 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 or someone else raised at this public hearing or in written correspondence delivered to the city at or to the public meeting. 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 Zoning Ordinance. The planning director's actions on the environmental review for the permits under the California Environmental Quality Act CEQA, are separately appealable in accordance with the requirements of Title 21 of the Municipal Code 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 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 removal from the meeting. This meeting of the director hearing will now come to order. We will begin today's meeting with the deferrals. Any items 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 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 raise hand feature in Zoom or click star 9 to raise a hand to speak. We have one item proposed for deferral today. Item 2A, PD 25-019, and ER25-194. Planned development permit to allow paving landscaping, including the removal of one ordinance-sized palm tree, the creation of 30 EV truck charging stalls, and 10 trailer truck storage stalls with charger plugins, the construction of an approximately 3200 square foot maintenance building, and approximately 6,420 square foot recycling and trash enclosure located southeast of the Top Golf Drive and Bay Vista Drive intersection at 4553 North First Street, 4563 North First Street, and 4653 North First Street in Council District 4. Staff's recommendation is dropped to be renoticed for the May 20th, 2026 director hearing per staff request. Is there anyone who wishes to speak on this item? Okay, hearing no none. I will drop item 2A, which will be renoticed for a later date per staff's request. We will move on to item three of the agenda, which is a consent calendar. There are no items on the consent calendar, so we will go ahead and move on to item four on the agenda, which is the public hearing. There is one item on the public hearing, and it is item 4A, SP25 and ER25-076, a special use permit to allow the expansion of a private elementary school, Harker School, from 580 students to up to 650 students in two phases of construction on an approximately 8.9 gross acre site as follows. Phase one, demolition of the existing approximately 4,800 square foot library building, and the construction of a new approximately 34,156 square foot two-story, multi-story multi-purpose building with an approximately 6,398 square foot basement parking garage and reconfiguration of the access driveway, parking lot, and vehicular circulation along Rincon Avenue.