H24-046 & ER24-195 - Administrative Hearing on the Appeal of the Planning Director’s Environmental Determination and Approval of a Site Development Permit Located at 1301 West San Carlos Street.

The memorandum discusses an administrative hearing regarding the appeal of the Planning Director’s approval for a Site Development Permit at 1301 West San Carlos Street. The project involves constructing a one-story, approximately 5,139-square-foot quick-service restaurant with an outdoor patio and removing 20 ordinance-size trees. The City Council is recommended to conduct the hearing, deny the environmental appeal, and approve the permit appeal with modifications. The document outlines the background of the project, public comments, and the rationale for the recommendations.

Key points

• The project site is located at 1301 West San Carlos Street and 255-263 Race Street.
• The proposed project includes the construction of a quick-service restaurant and the removal of 20 trees.
• The City Council is to consider the appeal of the Planning Director's decision regarding the Site Development Permit.
• The memorandum includes recommendations for the City Council to uphold the Planning Director’s decision and deny the environmental appeal.
• The document details public concerns regarding the project, including its consistency with the Urban Village Plan and potential business displacement.

Limitations

• The text appears to be truncated, missing some details and conclusions.
• There are unresolved placeholders and incomplete sections that affect the summary.

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The source text indicates this attachment appears to be a draft document.

This document is a draft resolution from the City Council of San José denying an environmental appeal related to the 1301 West San Carlos Chick-fil-A Project. The resolution upholds the Director of Planning, Building and Code Enforcement's reliance on a Categorical Exemption Memorandum as the environmental clearance for the project, which involves the construction of a quick-service restaurant and the demolition of an existing commercial building.

Key points

• The resolution denies an environmental appeal regarding the 1301 West San Carlos Chick-fil-A Project.
• The project involves constructing a one-story, approximately 5,139-square-foot quick-service restaurant.
• The project site is located at 1301 West San Carlos Street and 255-263 Race Street.
• The project includes the demolition of an approximately 3,817-square-foot commercial building and the removal of 20 ordinance-size trees.
• The Categorical Exemption Memorandum concluded that the project would not result in significant environmental impacts.
• The appeal was filed by Joshua Safran on behalf of The Zotta Family Trust.
• The resolution states that the Categorical Exemption Memorandum complies with the California Environmental Quality Act (CEQA).

Limitations

• The document contains unresolved placeholders for the resolution number and the adoption date.
• The document is marked as a draft and may not represent the final decision.

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Exhibit B contains correspondence regarding a Development Permit application (File No. H24-046) for a proposed Chick-fil-A restaurant at 1301 West San Carlos Street in San José. The Buena Vista Neighborhood Association (BVNA) has formally expressed opposition to the project, citing concerns about its inconsistency with city plans, environmental impacts, and the removal of existing trees. The correspondence includes communications between city planner Jason Lee and various stakeholders, including the BVNA and other neighborhood associations, discussing the project's implications and community feedback.

Key points

• The proposed project involves the demolition of a commercial building and removal of twenty trees for a Chick-fil-A restaurant.
• The BVNA opposes the project, citing its inconsistency with the West San Carlos Urban Village Plan and environmental concerns.
• The project is seen as car-centric, contradicting the plan's vision for a pedestrian-oriented environment.
• Concerns include increased traffic, loss of mature trees, and the potential precedent for future developments.
• The correspondence indicates ongoing communication between the city planner and community members regarding the project.

Limitations

• The text includes unresolved placeholders and lacks specific details such as dates for future meetings or additional project updates.
• Some sections of the correspondence are truncated, which may affect the completeness of the information.

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The source text indicates this attachment appears to be a draft document.

Exhibit C outlines the appeal process for an Environmental Determination Application in San José, detailing who may appeal, the deadline for filing, submission requirements, and the fee structure. It includes a specific case involving The Zotta Family Trust and a proposed redevelopment project that faced a condition imposed by a Hearing Officer, which the Trust is appealing. The appeal argues that the condition invalidates the categorical exemption under CEQA, lacks a legitimate public purpose, and violates due process rights.

Key points

• Any person may file an appeal of the environmental determination made by City staff.
• The completed application must be filed by 5:00 p.m. of the third business day following the public hearing.
• The appeal must state specific reasons why the Environmental Determination is incomplete or non-compliant with CEQA.
• Only issues raised at the public hearing or in writing prior will be considered.
• The Zotta Family Trust is appealing a condition imposed on their redevelopment project that they argue invalidates the categorical exemption under CEQA.

Limitations

• The text appears to be a draft as it includes placeholders and incomplete sections.
• Specific dates and details regarding the appeal process, such as the exact fee amounts, are not provided.
• Some sections contain unresolved placeholders and formatting artifacts that may affect clarity.

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The source text indicates this attachment appears to be a draft document.

Exhibit D outlines the appeal process for a permit application in San José, detailing who may appeal, deadlines, fees, and submission requirements. It includes a specific appeal regarding a Site Development Permit for the property at 1301 West San Carlos Street & 255-263 Race Street, filed by The Zotta Family Trust. The appeal contests the imposition of Condition 6, which requires the retention of an existing building on the site, arguing that it is impractical and unsupported by evidence. The document includes background information on the property and the reasons for the appeal, emphasizing the need for redevelopment and the challenges posed by the existing structure.

Key points

• The San José City Council or Planning Commission hears appeals for development permits, variances, or exceptions.
• The appeal can be filed by the applicant or property owners/tenants within 1,000 feet of the site.
• The appeal must be filed within 10 calendar days after the permit decision is mailed.
• Fees for the appeal must be paid by the deadline, with specific processes for in-person and email submissions.
• The appeal regarding the Site Development Permit for 1301 West San Carlos Street contests the requirement to retain an existing building, claiming it undermines the feasibility of the new project.

Limitations

• The document appears to be a draft as indicated by the presence of placeholders and incomplete sections.
• Specific dates and details regarding the filing and decision processes are not fully provided.
• Some sections are truncated, limiting the completeness of the appeal's arguments.

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Exhibit E pertains to the Chick-fil-A Project located at 1301 West San Carlos Street in San José, California. The project involves the demolition of an existing building and the construction of a new 5,480 square foot Chick-fil-A restaurant. The site is 1.09 acres and includes various environmental considerations under the California Environmental Quality Act (CEQA). The project is categorized as a Class 32 Categorical Exemption, indicating it meets specific criteria for infill development. Construction is expected to last approximately eight months, starting in March 2026. The project will include necessary utility infrastructure and landscaping improvements.

Key points

• Project location: 1301 West San Carlos Street, San José, CA.
• Project involves demolition of an existing 3,817 square foot building and construction of a 5,480 square foot Chick-fil-A restaurant.
• Site area: 1.09 acres, surrounded by urban uses.
• Project categorized as a Class 32 Categorical Exemption under CEQA.
• Construction anticipated to last approximately eight months, beginning March 2026.
• Includes necessary utility infrastructure and landscaping improvements.

Limitations

• The text is truncated and does not provide complete information on all aspects of the project.
• Specific dates for construction start and end are inferred from the text and may not be definitive.

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The source text indicates this attachment appears to be a draft document.

This document is a Site Development Permit for a project located at the northwest corner of Race Street and West San Carlos Street in San José. The permit allows for the construction of a one-story, approximately 5,139-square-foot quick-service restaurant with an outdoor patio and the removal of 20 ordinance-size trees on a 1.09-gross-acre site. The project is exempt from CEQA guidelines for in-fill development projects. The Planning Director's action on this permit can be appealed to the Planning Commission by June 30, 2025, with a specified fee. The document outlines various analyses regarding the project's compliance with zoning and urban design policies, emphasizing its alignment with the Urban Village designation and the West San Carlos Urban Village Plan.

Key points

• The project is located at 1301 West San Carlos Street and 255-263 Race Street.
• It involves the construction of a quick-service restaurant and the removal of 20 trees.
• The site is designated as Urban Village in the General Plan.
• The project is exempt from CEQA guidelines for in-fill development.
• The permit can be appealed by June 30, 2025, with a fee of $13,991.00.

Limitations

• The document appears to be a draft as it contains incomplete sections and unresolved placeholders.
• Specific details such as the exact conditions of the permit and further project specifications are truncated.

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The source text indicates this attachment appears to be a draft document.

The document discusses a permit and environmental appeal regarding the Chick-fil-A project at Race Street and San Carlos Street. The applicant seeks a Site Development Permit for a 5,139 SF restaurant, which involves demolishing a 3,817 SF building and removing 20 trees. The initial permit was approved with a condition to retain the existing building, which the owner is appealing. The project has undergone environmental review and public outreach, with significant opposition noted. Staff recommends that the City Council conduct an Administrative Hearing to consider the appeal and potentially approve the modified permit.

Key points

• The applicant requests a Site Development Permit for a 5,139 SF quick-service restaurant.
• The project involves demolishing a 3,817 SF commercial building and removing 20 ordinance-size trees.
• The initial permit was approved with a condition to retain the existing building, which is being appealed.
• Environmental review indicates the project qualifies for a Class 32 Exemption under CEQA.
• Public outreach included a community meeting and a petition with over 3,200 signatures opposing the project.
• Staff recommends conducting an Administrative Hearing to consider the appeal and potentially approve the modified permit.

Limitations

• The document appears to be a draft, as indicated by the presence of placeholder sections and unresolved details.
• Specific dates for the community meeting and other outreach efforts are mentioned, but the overall timeline is unclear.

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Rosemary Zotta, the sole owner of the property at 1301 West San Carlos Street, addressed the San Jose City Council regarding her appeal against Condition 6 of the Chick-fil-A project approval. She expressed her family's long-term ownership of the property and their efforts to redevelop it since 2019. Zotta highlighted her partnership with Chick-fil-A as a viable option and requested the removal of Condition 6, which she claims violates her property rights and hinders future development opportunities.

Key points

• Rosemary Zotta is the sole owner of the property at 1301 West San Carlos Street.
• Her family has owned the property since 1915.
• Zotta has been working on redeveloping the property since 2019.
• She has partnered with Chick-fil-A for the redevelopment project.
• Zotta requests the removal of Condition 6, which she believes violates her property rights.

Limitations

• The text appears to be a transcript of an audio message, which may not capture all details accurately.
• There are unresolved placeholders regarding specific dates and project details.

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This document contains a series of emails regarding public comments on the appeal of a project (File No. H24-046) involving the proposed establishment of a Chick-fil-A restaurant at the corner of Race Street and San Carlos Street, which currently houses Eduardo's Taqueria. Various community members express their concerns about the impact of this project on local businesses and traffic, advocating for the preservation of Eduardo's Taqueria and opposing the appeal by Chick-fil-A.

Key points

• Community members are concerned about the establishment of a Chick-fil-A at the location currently occupied by Eduardo's Taqueria.
• Concerns include increased traffic, the displacement of local businesses, and the need for neighborhood-serving uses.
• Several emails express support for Eduardo's Taqueria and opposition to the appeal by Chick-fil-A, emphasizing the importance of local businesses.

Limitations

• The document contains multiple emails but lacks specific details about the project timeline, decision-making processes, and the exact nature of the appeal.
• Some email addresses and names are partially obscured or incomplete, which may affect the understanding of the context.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

The source text indicates this attachment appears to be a draft document.

The document is a letter addressed to District 6 Councilmember Michael Mulcahy, Mayor Matt Mahan, and the San Jose City Council from Greg Ripa, a resident of Lincoln Ave. It discusses File No. H24-046 regarding the property at 1301 W San Carlos. Ripa recommends denying an environmental and planning appeal while retaining Condition 6, which requires the preservation of an existing commercial building. The letter argues that retaining Condition 6 aligns with the San Jose General Plan and other relevant policies, and that the project can proceed feasibly with the existing building intact. Ripa rebuts claims made by the applicant regarding the infeasibility of retaining the building, asserting that alternative solutions exist. The letter includes a detailed analysis of the project and the implications of the appeal, emphasizing the importance of Condition 6 for future development and community goals.

Key points

• The letter is addressed to local government officials regarding a specific development project.
• The author recommends denying an appeal while retaining Condition 6, which mandates the preservation of an existing commercial building.
• The author argues that retaining Condition 6 aligns with city planning goals and policies.
• The letter includes a rebuttal to claims made by the project applicant about the infeasibility of retaining the existing building.
• The author asserts that alternative solutions exist to address concerns raised by the applicant.

Limitations

• The text appears to be a draft as it includes incomplete sections and is truncated.
• Specific dates, votes, and dollar amounts are not provided in the text.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.