San Jose City Council
September 16, 2025

Item 10.3
Permit and Environmental Appeal on the Planning Director’s Decision on the Race Street and San Carlos Street Chick-fil-A Project File Nos. H24-046 & ER24-195
September 16, 2025
Presenter: Christopher Burton, Director, Planning, Code and Building Enforcement
Project Components
www.sanjoseca.gov/planning
• Applicant is requesting a Site Development Permit to allow construction of a 5,139 SF quick-service restaurant with an outdoor patio through the demolition of a 3,817 SF commercial building and removal of 20 ordinance-size trees
• Site Development Permit approved at June 11, 2025, Director’s Hearing with a condition (“Condition 6”) to retain the existing commercial building, as the Hearing Officer stated the permit findings for demolition could not be made.
• Owner made timely appeals of both the permit (specifically Condition 6) and environmental decisions, including additional information rebutting the Hearing Officer’s decision regarding demolition. 2 Project Review
www.sanjoseca.gov/planning
Project Reviewed for Conformance with:
• Envision San José 2040 General Plan
• West San Carlos Urban Village Plan
• Municipal Code
• Citywide Design Guidelines and
Standards
• City Council Policy 6-30: Public
Outreach
• California Environmental Quality Act
(CEQA)
3 Environmental Review
www.sanjoseca.gov/planning
• Class 32 Exemption for In-Fill Development Projects
• The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
• The proposed development occurs within city limits on a project site of no more than five acres, substantially surrounded by urban uses. • The project site has no value as habitat for endangered, rare, or threatened species.
• Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
• The site can be adequately served by all required utilities and public service. 4 Public Outreach
www.sanjoseca.gov/planning
• On-site sign posted on December 9, 2024
• Community Meeting held March 27, 2025
• 139 e-mails received over project review period (5 for, 134 against)
• Change.org petition with over 3,200 signatures opposing the project was included in public comment package
4 Staff Recommendation
www.sanjoseca.gov/planning
Recommendation that the City Council:
• 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. • 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. 4