Tip: This works for most web pages. Some document viewers or secure sites may require the manual Google Translate method.
1:30 PM
Council Chambers
MATT MAHAN, MAYOR ROSEMARY KAMEI, DISTRICT 1 PAMELA CAMPOS, DISTRICT 2 ANTHONY TORDILLOS, DISTRICT 3 DAVID COHEN, DISTRICT 4
PETER ORTIZ, DISTRICT 5 MICHAEL MULCAHY, DISTRICT 6 BIEN DOAN, DISTRICT 7 DOMINGO CANDELAS, DISTRICT 8
PAM FOLEY, VICE MAYOR, DISTRICT 9 GEORGE CASEY, DISTRICT 10
Please scroll to the end for information about the City Council Agenda and for the Rules of Conduct of the meeting.
Public Comment in Person Only
For live translations in over 50 languages, please go to https://attend.wordly.ai/join/FAYU-7105 American Disability Act
To request an alternative format agenda under the Americans with Disabilities Act for City-sponsored meetings, events or printer materials, please call (408) 535-1260 as soon as possible, but at least three business days before the meeting.
Accommodations
Any member of the public who needs accommodations should email the ADA Coordinator at ADA@sanjoseca.gov or by calling (408) 535-8430. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests.
Adaptaciones para discapacitados serán proporcionadas a pedido. Mande correo electrónico ADA@sanjoseca.gov; Llame (408) 535-8430.
Bất kỳ ai trong công-đồng cần sự hỗ-trợ xin gửi điện-thư cho Điều-phối-viên ADA theo địa-chỉ
ADA@sanjoseca.gov hoặc gọi đến số (408) 535-8430.
THE LEVINE ACT
How to observe the Meeting (no public comment):
Cable Channel 26.
https://sanjoseca.gov/news-stories/watch-a-meeting
https://youtube.com/CityofSanJoseCalifornia
By Phone: (888) 475 4499. Webinar ID is 931 9759 7876. Alternative phone numbers are: US: +1
(213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free).
Online at: https://sanjoseca.zoom.us/j/93197597876
Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer.
How to submit written Public Comment before the City Council Meeting:
By email to city.clerk@sanjoseca.gov by 8:00 a.m. the day of the meeting. Those emails will be attached to the Council Item under “Letters from the Public.” Please identify the Agenda Item Number in the subject line of your email.
How to provide spoken Public Comment during the City Council Meeting:
You may speak to the City Council about any discussion item that is on the agenda, and you may also speak during Open Forum on items that are not on the agenda and are within the subject matter jurisdiction of the City Council. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during Open Forum. According to State Law (the Brown Act) items must first be noticed on the agenda before any discussion or action.
Each speaker generally has two minutes to speak per item. The total amount of time allocated for public testimony for each public speakers or for an agenda item may be limited at the Mayor’s discretion, depending on the number of speakers or the length of the agenda. (California Government Code Section 54954.3; Council Policy 0-37)
Fill out a Yellow Speaker’s Card and submit it to boxes at the bottom of the Chambers. Do this before the meeting or before the item is heard. This will ensure that the name on the card is called for the item(s) that you wish to address, and it will help ensure the meeting runs smoothly for all participants by calling speakers in an orderly manner. You may remain anonymous, but please fill out a card so we may call you. You can put “anonymous speaker” or “no name” on the card. When the Council reaches your item on the agenda,
the Mayor will open the public hearing and call your name. Please address the Council from the podium, which is located to the left of the City Clerk’s table. To assist you in tracking your speaking time, there is a display on the podium. The green light turns on when you begin speaking; the yellow light turns on when you have 30 seconds left; and the red light turns on when your speaking time is up.
Call to Order and Roll Call
9:30 a.m. - Closed Session, Call to Order in Council Chambers Open Session, Labor Negotiations Update (See Item 3.2)
Adjourn to Closed Session in Council Chambers Conference Room, W133 See Separate Agenda
25-876 Closed Session Agenda
Attachments Closed Session Agenda
1:30 p.m. - Regular Session, Council Chambers, City Hall
6:00 p.m. - Evening Session, Council Chambers, City Hall – Cancelled
*The previously scheduled Evening Session has been cancelled.
Pledge of Allegiance
Invocation (District 8)
Evergreen Studio of Music and the Arts
Orders of the Day
Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.
Adjournment Recognition
This meeting is adjourned in memory of Dr. Robert “Bob” Gross, who passed away on July 4, 2025. Dr. Gross was a longtime resident of Alviso and Berryessa, as well as a former Valley Water Board director. His legacy lives on in the infrastructure he helped champion, the natural resources he worked to protect, and the community he proudly served.
Closed Session Report
To be heard after Ceremonial Items
CEREMONIAL ITEMS
Presentation of a proclamation declaring September 2025 as National Preparedness Month in the City of San José to raise awareness about the importance of disaster preparedness, encourage family and community planning, and recognize the contributions of Community Emergency Response Teams, Radio Amateur Civil Emergency Services, and volunteer heroes. (Mayor, Casey and Candelas)
Presentation of a proclamation declaring September 16, 2025 as Mexican Independence Day to celebrate the heritage and contributions of the Mexican-American community in the City of San José. (Ortiz)
CONSENT CALENDAR
Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council requests discussion on a particular item, that item may be removed from the Consent Calendar and considered separately.
Approval of City Council Minutes.
Final Adoption of Ordinances.
Approval of Council Committee Minutes.
Mayor and Council Excused Absence Requests.
City Council Travel Reports.
Report from the Council Liaison to the Retirement Boards.
25-966 Approval of Adjusted Campaign Contribution Limits.
Recommendation: Adopt a resolution approving the campaign contribution limits adjusted in accordance with San José Municipal Code Section 12.06.210.E. CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (City Clerk)
Attachments Memorandum
25-971 Administrative Update to the San José Energy and Water Building Performance Ordinance.
Recommendation: Approve an ordinance amending Sections 17.85.120 and 17.85.200 of Chapter 17.85 of Title 17 of the San José Municipal Code to update the responsible agency for the City of San José Energy and Water Building Performance Ordinance from the Environmental Services Department to the Energy Department, as established under Section 2.04.4600 of the San José Municipal Code.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Energy)
Attachments Memorandum
25-972 Amendment to the Citywide Project Labor Agreement.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute Amendment Number 2 to Amendment Number 1 of the First Amended and Restated Citywide Project Labor Agreement to align it in accordance with the public bidding requirements as set forth in Chapter 27.10 or the design-build requirements as set forth in Chapter 27.14 of Title 27 of the San José Municipal Code.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Public Works)
Attachments Memorandum
25-973 Amendment to the Restated Agreement with the San José Community Media Access Corporation dba CreaTV San José for Public Access Channels and Community Media Center.
Recommendation: Approve the fifth amendment to the Restated Agreement with the San José Community Media Access Corporation dba CreaTV San José, extending the term of the Restated Agreement from December 31, 2025, to December 31, 2032.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Public Works)
Attachments
Memorandum Agreement
25-1012 Amendment to San José Municipal Code Chapter 12.08 - Gift Limits.
Recommendation: Approve an ordinance amending Section 12.08.110 of Chapter 12.08, Title 12 of the San José Municipal Code increasing the City’s annual gift limit amount from $50 to $200, while maintaining the $50 annual gift limit amount from lobbyists.
Approval of this item requires 8 or more affirmative votes (two-thirds) (City Charter Section 607).
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Cohen and Foley)
[Council referral 9/9/2025 - Item 2.16 (25-965)] [Rules Committee referral 9/10/2025 - Item A.1.a]
Attachments
Memorandum from Kamei, 9/8/25 Ordinance
STRATEGIC SUPPORT
Report of the City Manager, Jennifer Maguire (Verbal Report).
Labor Negotiations Update.
Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M.
25-974 Summer Intergovernmental Relations Report.
Recommendation: (a) Accept the 2025 Summer Intergovernmental Relations Report.
Reaffirm all City positions summarized in the 2025-2026 Intergovernmental Relations Priority Federal Legislation Log.
Reaffirm all City positions summarized in the 2025-2026 Intergovernmental Relations Priority State Legislation Log. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)
Attachments
Memorandum Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H Attachment I
25-1011 Report on Request for Proposal for General Banking, Lockbox, Merchant Card, and Investment Custodial Services.
Recommendation: Accept the report on the Request for Proposal and adopt a resolution authorizing the City Manager or her designee to:
Negotiate and execute agreements with JPMorgan Chase Bank, N.A., for general banking and merchant card processing services with an initial term beginning on the date the agreements are executed by the parties through June 30, 2032, with a total compensation not to exceed
$13,000,000, and the annual compensation amount, subject to the appropriation of funds;
Negotiate and execute amendments to any of the agreements with JPMorgan Chase Bank, N.A., subject to appropriation of funds by the City Council to add new banking services, revise existing banking services, and adjust compensation based on the volume of services provided; and
Exercise up to two two-year options to extend the term of the agreements through June 30, 2036, subject to the appropriation of funds.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance)
[Deferred from 9/9/2025 – Item 3.4 (25-948)]
Attachments Memorandum
25-1014 Verbal Report from the County of Santa Clara on the Fiscal Impacts of H.R.1 (One Big Beautiful Bill Act) on the County’s Services.
Recommendation: Accept a verbal report from the County of Santa Clara on the fiscal impacts of H.R.1 (One Big Beautiful Bill Act) on the County’s services. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (City Manager)
[Rules Committee referral 9/10/2025 - Item A.1.a]
Attachments Memorandum
PUBLIC SAFETY SERVICES
25-976 Reinstatement of the San José Police Department Horse Mounted Unit.
Recommendation: (a) Approve the reinstatement of the San José Police Department Horse Mounted Unit as a collateral, part-time operation using existing funding for Fiscal Year 2025-2026.
Adopt a resolution authorizing the City Manager or her designee to accept a donation from the San José Police Foundation of six horses, two trucks, two horse trailers, uniforms, officer training, and miscellaneous tack and gear valued at approximately $390,000. CEQA: Not a Project, File No. PP17-010, Organizational and Administrative Activities, resulting in no physical changes to the environment. (Police)
[Deferred from 8/19/2025 – Item 4.2 (25-840)]
Attachments
25-977 Actions Related to the Funding and Purchase of a Fixed Wing Aircraft for the Police Department.
Recommendation: (a) Adopt a resolution authorizing the City Manager or her designee to:
Negotiate and execute a contract with Daher Kodiak for one model Kodiak 100 fixed wing aircraft, in an amount not to exceed $3,800,000, including the base configuration fixed wing, configuration options as required by the Police Department, maintenance and warranty package, and pilot training, exclusive of any applicable taxes and fees, subject to the appropriation of funds;
Negotiate and execute a contract with Hangar One in an amount not to exceed $1,023,953, for equipment and configuration, as required by the Police Department, exclusive of any applicable taxes and fees, subject to the appropriation of funds; and
Approve a contingency of $300,000 for any unforeseen changes or modifications to the fixed wing and/or final configuration of the fixed wing aircraft.
Approve the proposed 2024-2026 Spending Plan for the Supplemental Law Enforcement Services grant in the amount of
$1,497,156 and authorize the Chief of Police to amend the Spending Plan to conform to the budget priorities set out in this memorandum, and in the event the Supplemental Law Enforcement Services Grant payments are less or more than expected.
Approve the revised 2023-2025 Spending Plan for the Supplemental Law Enforcement Services Grant in the amount of $2,903,332.
Adopt the following 2025-2026 Appropriation Ordinance and Funding Sources Resolution amendments in the Supplemental Law Enforcement Services (SLES) Fund:
Increase the Beginning Fund Balance by $36,200;
Increase the estimate for Revenue from the State of California by
$2,909,026;
Establish the SLES Grant 2024-2026 appropriation to the Police Department in the amount of $1,497,156; and
Increase the SLES Grant 2023-2025 appropriation to the Police Department by $1,448,070.
Adopt the following 2025-2026 Appropriation Ordinance amendments in the Federal Drug Forfeiture Fund:
Increase the Beginning Fund Balance by $112,606;
Establish the Police Fixed Wing Aircraft Replacement appropriation to the Police Department in the amount of $600,285; and
Decrease the Ending Fund Balance by $487,679.
Adopt the following 2025-2026 Appropriation Ordinance amendments in the (f) State Drug Forfeiture Fund:
Increase the Beginning Fund Balance by $604,611;
Attachments
Establish the Police Fixed Wing Aircraft Replacement appropriation to the Police Department in the amount of $2,266,414; and
Decrease the Ending Fund Balance by $1,661,803.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Police/City Manager)
TRANSPORTATION & AVIATION SERVICES
ENVIRONMENTAL & UTILITY SERVICES
NEIGHBORHOOD SERVICES
COMMUNITY & ECONOMIC DEVELOPMENT
25-978 Actions Related to the Agreement with the County of Santa Clara’s Office of Supportive Housing for the Homelessness Prevention System Program. - DROP
Recommendation: (a) Adopt a resolution authorizing the Housing Director, or his designee, to negotiate and execute a grant agreement amendment with the County of Santa Clara’s Office of Supportive Housing, in an amount not to exceed $5,500,000, retroactive from July 1, 2025, to June 30, 2026, for the countywide Homelessness Prevention System Program.
Adopt the following 2025-2026 Appropriation Ordinance amendments in the Real Property Transfer Tax Fund:
Decrease the Measure E - 10% Homeless Prevention and Rental Assistance Reserve by $275,000; and
Increase the Homeless Prevention and Rental Assistance (10% HPRA) appropriation to the Housing Department by $275,000. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Housing/City Manager)
DROP PER ADMINISTRATION
Attachments Replacement Memorandum, 9/11/25
REDEVELOPMENT – SUCCESSOR AGENCY
LAND USE
Notice to the public: There will be no separate discussion of Land Use Consent Calendar (Item 10.1) as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council requests discussion on a particular item, that item will be removed from the Land Use Consent Calendar (Item 10.1) and considered separately.
Land Use on Consent Calendar – TO BE HEARD IMMEDIATELY AFTER CONSENT
25-979 C25-019, C25-020, C25-021, C25-022, C25-023, C25-024, C25-025, C25-026, C25-027, C25-028, C25-029, C25-030, C25-031, C25-032, C25-033, C25-034,
C25-035 - City-Initiated Rezoning of 951 Parcels to Align a Property’s Zoning Designation to its General Plan Land Use Designation in Response to Senate Bill 1333.
Recommendation: Approve an ordinance of the City of San José rezoning 153 properties from the R-M Multiple Residence Zoning District to the MUN Mixed Use Neighborhood Zoning District, 91 properties from the LI Light Industrial Zoning District to the HI Heavy Industrial Zoning District, 82 properties from the R-2 Two-Family Residence Zoning District to the MUN Mixed Use Neighborhood Zoning District, 61 properties from the R-M Multiple Residence Zoning District to the UR Urban Residential Zoning District, 55 properties from the R-1-8 Single-Family Residence Zoning District to the MUN Mixed Use Neighborhood Zoning District, 53 properties from the A Agricultural Zoning District to the OS Open Space Zoning District, 52 properties from the R-1-8 Single-Family Residence Zoning District to the OS Open Space Zoning District, 42 properties from the IP Industrial Park Zoning District to the LI Light Industrial Zoning District, 36 properties from the Heavy Industrial Zoning District to the LI Light Industrial Zoning District, 25 properties from the R-2 Two Family Residence Zoning District to the OS Open Space Zoning District, 24 properties from the R-1-8 Single-Family Residence Zoning District to the PQP Public/Quasi-Public Zoning District, 23 properties from the LI Light Industrial Zoning District to the UV Urban Village Zoning District, 20 properties from the IP Industrial Park Zoning District to the CIC Combined Industrial/Commercial Zoning District, 19 properties from the IP Industrial Park Zoning District to the HI Heavy Industrial Zoning District, 17 properties from the CG Commercial General Zoning District to the UV Urban Village Zoning District, 17 properties from the HI Heavy Industrial to the CIC Combined Industrial/Commercial Zoning District, 16 properties from the A Agricultural Zoning District to the R-1-8 Single-Family Residence Zoning District, 13 properties from the LI Light Industrial Zoning District to the MUN Mixed Use Neighborhood Zoning District, 11 properties from the R-M Multiple-Family Residence Zoning District to the OS Open Space Zoning District, ten properties from the LI Light Industrial Zoning District to the OS Open Space Zoning District, nine properties from the A Agricultural Zoning District to the PQP Public/Quasi-Public Zoning District, eight properties from the LI(IP) Light Industrial Planned Development Zoning District to the IP Industrial Park Zoning District, seven properties from the R-1-8 Single Family Residence Zoning District to the LI Light Industrial Zoning District, seven properties from the LI Light Industrial Zoning District to the CIC Combined Industrial/Commercial Zoning District, six properties from the CP Commercial Pedestrian Zoning District to the R-1-8 Single Family Residence Zoning District, six properties from the HI Heavy
Industrial Zoning District to the TEC Transit Employment Center Zoning District, five properties from the CG Commercial General Zoning District to the CIC Combined Industrial/Commercial Zoning District, four properties from the IP Industrial Park Zoning District to the TEC Transit Employment Center Zoning District, four properties from the R-1-1 Single Family Residence Zoning District to the OS Open Space Zoning District, three properties from the LI Light Industrial Zoning District to the R-1-8 Single Family Residence Zoning District, three properties from the CP Commercial Pedestrian Zoning District to the PQP Public/Quasi-Public Zoning District, three properties from the R-1-2 Single Family Residence Zoning District to the OS Open Space Zoning District, three properties from the IP Industrial Park Zoning District to the OS Open Space Zoning District, three properties from the R-1-5 Single Family Residence Zoning District to the MUN Mixed Use Neighborhood Zoning District, two properties from the CP Commercial Pedestrian Zoning District to the UR Urban Residential Zoning District, two properties from the IP Industrial Park Zoning District to the CN Commercial Neighborhood Zoning District, two properties from the A Agricultural Zoning District to the IP Industrial Park Zoning District, two properties from the A Agricultural Zoning District to the LI Light Industrial Zoning District, two properties from the R-MH Mobilehome Park Zoning District to the LI Light Industrial Zoning District, two properties from the CN Commercial Neighborhood Zoning District to the MUN Mixed Use Neighborhood Zoning District, two properties from the CP Commercial Pedestrian Zoning District to the MUN Mixed Use Neighborhood Zoning District, two properties from the R-1-2 Single Family Residence Zoning District to the MUN Mixed Use Neighborhood Zoning District, two properties from the R-MH Mobilehome Park Zoning District to the OS Open Space Zoning District, two properties from the R-1-5 Single Family Residence Zoning District to the OS Open Space Zoning District, two properties from the HI Heavy Industrial Zoning District to the OS Open Space Zoning District, two properties from the R-2 Two Family Residence Zoning District to the PQP Public/Quasi-Public Zoning District, two properties from the CN Commercial Neighborhood Zoning District to the R-1-8 Single Family Residence Zoning District, two properties from the R-MH Mobilehome Park Zoning District to the R-1-8 Single Family Residence Zoning District, two properties from the MUC Mixed Use Commercial Zoning District to the TR Transit Residential Zoning District, two properties from the MUN Mixed Use Neighborhood Zoning District to the UR Urban Residential Zoning District, two properties from the CN
Commercial Neighborhood Zoning District to the UV Urban Village Zoning District, two properties from the CP Commercial Pedestrian Zoning District to the UR Urban Residential Zoning District, one property from the A Agricultural Zoning District to the CN Commercial Neighborhood Zoning District, one property from the LI Light Industrial Zoning District to the CG Commercial General Zoning District, one property from the A Agricultural Zoning District to the CP Commercial Pedestrian Zoning District, one property from the R-MH Mobilehome Park Zoning District to the HI Heavy Industrial Zoning District, one property from the CG Commercial General Zoning District to the LI Light Industrial Zoning District, one property from the CIC Combined Industrial/Commercial Zoning District to the LI Light Industrial Zoning District, one property from the A(PD) Agricultural Planned Development Zoning District to the MUC Mixed Use Commercial Zoning District, one property from the LI Light Industrial Zoning District to the MUC Mixed Use Commercial Zoning District, one property from the A(PD) Agricultural Planned Development Zoning District to the MUN Mixed Use Neighborhood Zoning District, one property from the R-MH Mobilehome Park Zoning District to the MUN Mixed Use Neighborhood Zoning District, one property from the
R-2(PD) Two Family Planned Development Zoning District to the OS Open Space Zoning District, one property from the CN Commercial Neighborhood Zoning District to the PQP Public/Quasi-Public Zoning District, one property from the IP Industrial Park Zoning District to the PQP Public/Quasi-Public Zoning District, one property from the R-1-1 Single Family Residence Zoning District to the PQP Public/Quasi-Public Zoning District, one property from the R-1-2 Single Family Residence Zoning District to the PQP Public/Quasi-Public Zoning District, one property from the R-1-5 Single Family Residence Zoning District to the PQP Public/Quasi-Public Zoning District, one property from the R-M Multi Family Residence Zoning District to the PQP Public/Quasi-Public Zoning District, one property from the R-MH Mobilehome Park Zoning District to the PQP Public/Quasi-Public Zoning District, one property from the R-M Multi Family Residence Zoning District to the R-MH Mobilehome Park Zoning District, one property from the CG Commercial General Zoning District to the R-1-8 Single Family Residence Zoning District, one property from the HI Heavy Industrial Zoning District to the R-1-8 Single Family Residence Zoning District, one property from the A(PD) Agricultural Planned Development Zoning District to the UV Urban Village Zoning District, one property from the CP Commercial Pedestrian Zoning District to the UV Urban Village
Attachments
Zoning District, and one property from the R-2 Two Family Residence Zoning District to the UV Urban Village Zoning District, all located on those certain real properties situated within the City of San José.
CEQA: Determination of Consistency with the Envision San José 2040 General Plan EIR (Resolution No. 76041) and the Envision San José General Plan Supplemental EIR (Resolution No. 77617), and Addenda thereto. (Planning, Building and Code Enforcement)
Memorandum, rev. 9/10/25 Ordinance
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
25-980 ST25-003 - Renaming of a Street Segment of North Almaden Boulevard to “Little Italy Way.”
Recommendation: Adopt a resolution approving the renaming of an approximately
400-foot segment of North Almaden Boulevard extending from West St. John Street to West Julian Street to “Little Italy Way.”
CEQA: Exempt per Section 15061(b)(3) of the CEQA Guidelines. Council District 6. (Planning, Building and Code Enforcement)
Attachments
Memorandum from Mayor, Tordillos, Mulcahy, Candelas & Cas Resolution
25-981 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.
Recommendation: (a) Conduct an Administrative Hearing to consider the appeal of the Planning Director’s approval of a Site Development Permit to allow 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 an approximately 1.09-gross-acre site, located on the northwest corner of Race Street and West San Carlos Street (1301 West San Carlos Street and 255-263 Race Street).
Adopt a resolution denying the environmental appeal and upholding the Planning Director’s reliance on the Categorical Exemption under Section 15332 of the CEQA Guidelines for the 1301 West San Carlos Street Chick-fil-A Project in accordance with CEQA, as amended, and finding that the:
City Council has independently reviewed and analyzed the Categorical Exemption for the 1301 West San Carlos Street Chick-fil-A Project and related administrative records related to Site Development Permit No. H24-046;
Categorical Exemption for the 1301 West San Carlos Street
Chick-fil-A Project was prepared and completed in full compliance with the CEQA, as amended, together with state and local implementation guidelines;
Reliance on the Categorical Exemption for the 1301 West San Carlos Street Chick-fil-A Project reflects the independent judgment and analysis of the City of San José, as the lead agency for the Project; and
Preparation of an Environmental Impact Report or Mitigated Negative Declaration/Negative Declaration is not required because the appeal does not raise any issues that would disqualify the project from a Categorical Exemption under Section 15332 of the CEQA Guidelines.
Adopt a resolution approving the permit appeal and approving, subject to conditions, a modified Site Development Permit removing Condition 6 and allowing the construction of a one-story, approximately 5,139-square-foot quick-service restaurant with an outdoor patio through the demolition of an approximately 3,817-square-foot commercial building and the removal of 20 ordinance-size trees on an approximately 1.09-gross-acre site, located on the northwest corner of Race Street and West San Carlos Street (1301 West San Carlos Street and 255-263 Race Street).
CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15332 for In-fill Development Projects. Council District 6. (Planning, Building and Code Enforcement)
Attachments
Open Forum
Memorandum Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F
Letters from the Public - 1 of 2 Letters from the Public - 2 of 2
Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council. Members of the public may only speak at Open Forum once.
Adjournment
This meeting is adjourned in memory of Dr. Robert “Bob” Gross, who passed away on July 4, 2025. Dr. Gross was a longtime resident of Alviso and Berryessa, as well as a former Valley Water Board director. His legacy lives on in the infrastructure he helped champion, the natural resources he worked to protect, and the community he proudly served.
All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection online at https://sanjose.legistar.com/Calendar.aspx or at the Office of the City Clerk at San José City Hall, 200 E. Santa Clara Street, Tower 14th Floor, San José, CA 95113 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. Please go to the Clerk’s Records Database https://records.sanjoseca.gov/Pages/Search.aspx for the final document, or
you many also contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanjoseca.gov.
ABOUT THE AGENDA
The City of San José is committed to open and honest government and strives to consistently meet the community’s expectations by providing excellent service, in a positive and timely manner, and in the full view of the public.
Welcome to the San José City Council meeting!
This Agenda contains both a Consent Calendar section for routine business items that require Council approval, and general business items arranged to correspond with San José’s City Service Areas (CSAs). City Service Areas represent the policy-making level for strategic planning, policy setting, and investment decisions in the critical functions the City provides to the community. They are:
Strategic Support - The internal functions that enable the CSAs to provide direct services to the community in an effective and efficient manner.
Public Safety - Commitment to excellence in public safety by investing in neighborhood partnerships as well as prevention, enforcement, and emergency preparedness services.
Transportation & Aviation Services - A safe and efficient transportation system that contributes to the livability and economic health of the City; and provide for the air transportation needs of the community and the region at levels that is acceptable to the community.
Environmental and Utility Services - Manage environmental services and utility systems to ensure a sustainable environment for the community.
Neighborhood Services - Serve, foster, and strengthen community by providing access to lifelong learning and opportunities to enjoy life.
Community & Economic Development - Manage the growth and change of the community in order
to create and preserve healthy neighborhoods and ensure a diverse range of employment and housing opportunities.
The San José City Council meets every Tuesday at 1:30 p.m. and Tuesday at 6 p.m. as needed, unless otherwise noted. The City Council, or less than a quorum, may adjourn any regular, special or adjourned meeting to a later date, time and place specified in the order of adjournment. If all members are absent, the City Clerk may declare the meeting adjourned to a stated date, time and place. If you have any questions, please direct them to the City Clerk’s staff seated at the tables just below the dais. Thank you for taking the time to attend today’s meeting. We look forward to seeing you at future meetings.
Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://sanjose.legistar.com/Calendar.aspx. Council Meetings are televised live and rebroadcast on Channel 26.
CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN THE COUNCIL CHAMBERS AND COMMITTEE ROOMS
The Code of Conduct is intended to promote open meetings that welcome debate of public policy issues being discussed by the City Council, their Committees, and City Boards and Commissions in an atmosphere of fairness, courtesy, and respect for differing points of view.
Public Meeting Decorum:
Persons in the audience will refrain from behavior which will disrupt the public meeting. This will include making loud noises, clapping, shouting, booing, hissing or engaging in any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting.
Persons in the audience will refrain from creating, provoking or participating in any type of disturbance involving unwelcome physical contact.
Persons in the audience will refrain from using cellular phones and/or pagers while the meeting is in session.
Appropriate attire, including shoes and shirts are required in the Council Chambers and Committee Rooms at all times.
Persons in the audience will not place their feet on the seats in front of them.
No food, drink (other than bottled water with a cap), or chewing gum will be allowed in the Council Chambers and Committee Rooms, except as otherwise pre-approved by City staff.
All persons entering the Council Chambers and Committee Rooms, including their bags, purses, briefcases and similar belongings, may be subject to search for weapons and other dangerous materials.
Signs, Objects or Symbolic Material:
Objects and symbolic materials, such as signs or banners, will be allowed in the Council Chambers and Committee Rooms, with the following restrictions: § No objects will be larger than 2 feet by 3 feet.
-No sticks, posts, poles or other such items will be attached to the signs or other symbolic materials.
-The items cannot create a building maintenance problem or a fire or safety hazard.
Persons with objects and symbolic materials such as signs must remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting.
Objects that are deemed a threat to persons at the meeting or the facility infrastructure are not allowed. City staff is authorized to remove items and/or individuals from the Council Chambers and Committee Rooms if a threat exists or is perceived to exist. Prohibited items include, but are not limited to: firearms (including replicas and antiques), toy guns, explosive material, and ammunition; knives and other edged weapons; illegal drugs and drug paraphernalia; laser pointers, scissors, razors, scalpels, box cutting knives, and other cutting tools; letter openers, corkscrews, can openers with points, knitting needles, and hooks; hairspray, pepper spray, and aerosol containers; tools; glass containers; and large backpacks and suitcases that contain items unrelated to the meeting.
Addressing the Council, Committee, Board or Commission:
Persons wishing to speak on an agenda item or during open forum are requested to complete a speaker card and submit the card to the City Clerk or other administrative staff at the meeting.
Meeting attendees are usually given two (2) minutes to speak on any discussion item and/or during open forum; the total amount of time allocated for public testimony for each public speaker or for an agenda item is in the discretion of the Chair of the meeting and may be limited when appropriate. (California Government Code Section 54954.3; Council Policy 0-37) Applicants and appellants in land use matters are usually given more time to speak. Speakers using a translator will be given twice the time allotted to ensure non-English speakers receive the same opportunity to directly address the Council, Committee, Board or Commission.
Speakers should discuss only the agenda item when called to speak for that item, and only topics related to City business when called to speak during open forum on the agenda.
Speakers’ comments should be addressed to the full body. Requests to engage the Mayor, Council Members, Board Members, Commissioners or Staff in conversation will not be honored. Abusive language is inappropriate.
Speakers will not bring to the podium any items other than a prepared written statement, writing materials, or objects that have been inspected by security staff.’
If an individual wishes to submit written information, he or she may give it to the City Clerk or other administrative staff at the meeting.
Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.
Failure to comply with this Code of Conduct which will disturb, disrupt or impede the orderly conduct of the meeting may result in removal from the meeting and/or possible arrest.