Good morning.

We are calling to order the Planning Director hearing of July 1st, 2026.

My name is Ruth Gueto, 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.

One, 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 to or click star 9 on their phone.

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

The second way is to call during this meeting 408-535-8517 or email planning support staff at San JoseCA.gov and identify your name.

That is listed on Zoom, phone number that you'll call in to from, 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.

For those items on the consent calendar, I will ask if anyone wishes to speak on the item.

If for 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 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 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 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 specific agenda items only.

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

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

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

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

We will begin today's meeting with 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 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 a hand.

I will now move on to the deferrals and we have two items proposed for deferral today.

The items are APD 20-004 and ER22-112, a plan development permit to allow construction of a new approximately 4,100 4,017 square foot tyco performance building and a mixed-use building, six stories, with 65 residential units and approximately 14,070 square feet of commercial use, including office, workshop, and gallery space, with one level of below grade parking on an existing point seven four gross acre vacant site and the removal of one ordinance sized tree, including extended construction hours on Saturdays from 8 a.m.

to 5 p.m.

Located at 653 North 7th Street in Council District 3.

The CEQA is an addendum to the Japan Town Corporation Yard Redevelopment Project, Final Environmental Impact Report approved by City Council as resolution 74384 on April 21st, 2008.

The staff recommendation is to defer this item to July 8th, 2026, to the July 8th, 2026 Director's Hearing per staff recommendation.

Is there anyone who wishes to speak on this item?

Okay, hearing none.

I will now read the next item to be deferred.

Item 2B, SP 24-031 and ER24-206.

Special use permit to legalize an existing legal nonconforming religious assembly use and allow post-secondary boarding school use on an approximately 2.3 gross acre site.

The project does not include any new construction or tree removals and is located at 1228 Redmond Avenue in Council District 10.

CEQA is an exempt pursuant to SQL Guidelines Section 15301 for existing facilities.

Staff is recommending that we defer this item to July 8th, 2026.

And do we have anyone who wishes to speak on this item?

We do have one hand raised.

Britton, you are unmuted.

Did you have a comment or question?

I hope you can hear me.

What time of day will that meeting be held?

Hi, um it will be the same time as this meeting at 9 a.m.

Okay, thank you.

You're welcome.

Okay, seeing as that is the last comment on both of these items.

The matter of deferrals is now closed, and these items are now deferred to July 8th, 2026.

We will now move on to item 3, consent calendar on the agenda.

There will be no separate discussion of individual consent items as they are considered to be routine and will be considered in one action unless an item is moved to a public hearing calendar for separate discussion by the hearing officer.

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

If you wish to speak on any of these items, please use a raised hand feature in Zoom or click star 9 to raise a hand to speak.

The item on the consent calendar is SP 25-028, ER25-242, a special use permit to allow the construction of retaining walls up to 9 feet in height and removal of existing retaining walls in the rear yard of a single family house on an approximately 0.28 gross acre site located on the north side of Rosemar Avenue, approximately 200 feet northeasterly of the intersection of Fleming Avenue and Rosemar Avenue in Council District 5.

CEQA exemption is pursuant to CEQA Guidelines Section 15303 for new construction of small structures.

The staff recommendation is to consider the exemption in accordance with CEQA and approve a special use permit.

Does staff or anyone from the public wish to speak on this item from the consent calendar?

Okay.

Seeing no request to speak or any hands raised, item number 3A SP 25-028 and ER25-242 is hereby approved.

The matter of consent is concluded, and we will move on to the public hearing portion.

There are no items listed on public hearing.

Therefore, this concludes the director's hearing for July 1st, 2026.

Thank you for joining us.