Good morning.

It's 9 a.m.

Uh we are calling to order the planning director's hearing of September 23rd, 2026.

My name is Jared Ferguson, 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 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 raise hand feature on until planning support staff identify your turn 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 in to 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 the 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.

One, I will identify each project as described on the agenda.

Two, 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 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 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 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 permits are appealable in accordance with the requirements of Title 20 of the municipal code or the zoning ordinance.

The

planning director's actions on the environmental review for permits under the California Environmental Quality Act or CEQA are separately appealable in accordance with the requirements of Title 21 of the municipal code or the environmental clearance ordinance.

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.

The

meeting of

the

planning director's hearing will come now come to order.

Okay, so we have our call to order.

Um next is deferrals.

I don't have any deferrals to remove items or defer items.

So we will move on to the consent uh calendar.

So on consent today, and again, as a reminder, there's no separate discussion of these items, although I guess there's only one item today.

Um, these items uh are considered routine and will be considered in one action unless an item is moved to the public hearing calendar for separate discussion.

Um the consent today, we have item 3a, which is SP 26-025 and ER25-217.

Um this is a special use permit that allows the continued use of an existing transfer recycling facility, California Waste Solution Material Recovery Facility, which has been in continuous operation without timely renewal required under a prior permit, which is file number CP07 39 on an approximately 3.57 gross acre site located at the northwest, northeast, excuse me, northeast corner of Timothy Drive and Yard Court at 1005 Timothy Drive.

And Council District 3, the CEQA is exempt pursuant to CECA guidelines section 15301 for existing facilities.

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

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

If so, or request that it be removed from the consent calendar, um, please use the raised hand feature in Zoom or click star nine on your phone if you wish to speak.

Okay, I do not see any hands raised um wishing to speak.

So with that, I will uh

go

ahead and approve the consent calendar um, which includes the SP26 025 and ER25 217.