The San José City Council or Planning Commission may
hear appeals to the issuance of a development permit,
variance, or exception. Not all permit processes
allow for an appeal. Please refer to Table 20-260 of
Municipal Code 20.100.220 for a complete list of the
types of permit that may be appealed and the related
hearing body.
The decision made by the hearing body is final and shall be effective immediately.
This application form must be completed as instructed
below to facilitate the appeal.
WHO MAY APPEAL
The applicant, or any property owner or tenant of a
property within 1,000 feet of the subject site, may file the appeal. The appellant must sign this application or if signed by the appellant’s lawful power of attorney,
you must submit written evidence to that person’s
authority.
Exception for Tree Removal Permits - For a Tree
Removal Permit, only property owners or occupants of
the subject site or of properties immediately adjacent
or across the street from the subject site may appeal.
Exception for Tentative Maps - Any person may file.
DEADLINE
File this completed application on or no later than 10
calendar days after a copy of the permit decision by
the Planning Commission or Director of Planning has
been mailed to the project applicant. Permit decisions
are typically made on Wednesdays with the issued
permit mailed two days later on a Friday. Therefore,
the 10-day deadline is commonly the second Monday
following the hearing (by 5:00 p.m.).
Exception for Tentative Maps - The appeal must be
filed within 10 calendar days of the permit approval.
FEES & PROCESS
The application filing fee must be paid by the deadline as previously explained. Find the current fee for a
Permit Appeal on the Table of Applications at www.
sanjoseca.gov/PlanningApplications. For Tree Removal
Permits, a Public Noticing fee will also be charged.
HOW TO SUBMIT - 2 OPTIONS
In-Person (no appointment required): Before the
filing deadline stated above, come to the Planning
Offices, third floor of City Hall (200 E. Santa Clara
Street, San José) to submit the application. You may
pay the appeal fee in-person or staff may email you
an invoice which must be paid within 14 calendar
days of the invoice date for the appeal to be valid.
Email: Before the filing deadline stated above, email the completed application and any attachments to
[email protected]. If the appeal is timely
and complete, staff will send you an invoice for the
appeal fee, which must be paid within 14 calendar
days of the invoice date for the appeal to be valid.
WHAT TO SUBMIT
This application form, completed and signed.
Assessor’s parcel map showing the subject site
outlined.
City staff will set a public hearing date with the Planning Commission or City Council as appropriate. The appeal
item will be placed on the agenda. Staff will also
prepare a recommendation of action to the Planning
Commission or City Council.
FOR QUESTIONS
Speak with a City Planner at 408-535-3555; see phone
service hours at www.sanjoseca.gov/Planning.
Para información en español, comuníquese con un
Planificador de la ciudad al 408-793-4100.
Để được hỗ trợ, nói chuyện với Người lập kế
hoạ
ch thành phố tại 408-793-4174.
PLANNING DIVISION 05/20/2024 SUBJECT TO CHANGE
APPEAL OF PERMIT APPLICATION
PLANNING DIVISION 408-535-3555 SAN JOSE CITY HALL, 200 E. SANTA CLARA ST., SAN JOSE, CA 95113 WWW.SANJOSECA.GOV/PLANNING continued >
Exhibit A - Permit Appeal Applications
APPEAL OF PERMIT APPLICATION PAGE 2 OF 2
PLANNING DIVISION 408-535-3555 SAN JOSE CITY HALL, 200 E. SANTA CLARA ST., SAN JOSE, CA 95113 WWW.SANJOSECA.GOV/PLANNING Please download and save this computer-fillable form to your computer. Follow instructions for Digital Forms.
1. The undersigned respectfully requests an appeal to the permit issued for the property located at :
PROPERTY ADDRESS:
PROPERTY OWNER NAME:
PROPERTY OWNER MAILING ADDRESS:
2. REASON/S FOR APPEAL: If more space is needed, attach a separate sheet.
3. PERSON FILING APPEAL
RELATIONSHIP TO SUBJECT SITE CHECK ALL THAT APPLY: Property Owner Adjacent Property Owner Tenant on Site Pr
operty Owner/Tenant Within 1,000 feet Tentative Map Appeal (anyone may appeal) PRINT NAME:
MAILING ADDRESS:
EMAIL: PHONE:
● SIGNATURE OF PERSON FILING THE APPEAL DATE: [MM/DD/YYYY] For electronic submittal or virtual appointments, a Digital ID Signature is required.
Fo
r in-person appointments, an original ink signature is required.
4. CONTACT PERSON IF DIFFERENT FROM PERSON FILING APPEAL PRINT NAME:
MAILING ADDRESS:
EMAIL: PHONE:
OFFICE USE ONLY
FILE NUMBER:
INTAKE DATE: BY: PAID: $
COMMENTS:
This letter formally appeals the approval of Site Development Permit H24-057 and the associated Mitigated Negative Declaration (MND) ER24-245 for the proposed 24/7 warehouse/logistics facility at 2334 Lundy Avenue. After reviewing all publicly available documents, we conclude that the approval process suffered from procedural defects and that the MND fails to disclose, analyze, or mitigate significant environmental impacts. Under CEQA, a full Environmental Impact Report (EIR) is required.
Abhinab Mohanty
12/08/2025
Abhinab Mohanty & Minal V Laad
2063 Tarob ct, Milpitas, CA, 95035
2063 Tarob ct, Milpitas, CA , 95035
Exhibit A - Permit Appeal Ap plications
The San José City Council or Planning Commission may
hear appeals to the issuance of a development permit,
variance, or exception. Not all permit processes
allow for an appeal. Please refer to Table 20-260 of
Municipal Code 20.100.220 for a complete list of the
types of permit that may be appealed and the related
hearing body.
The decision made by the hearing body is final and shall be effective immediately.
This application form must be completed as instructed
below to facilitate the appeal.
WHO MAY APPEAL
The applicant, or any property owner or tenant of a
property within 1,000 feet of the subject site, may file the appeal. The appellant must sign this application or if signed by the appellant’s lawful power of attorney,
you must submit written evidence to that person’s
authority.
Exception for Tree Removal Permits - For a Tree
Removal Permit, only property owners or occupants of
the subject site or of properties immediately adjacent
or across the street from the subject site may appeal.
Exception for Tentative Maps - Any person may file.
DEADLINE
File this completed application on or no later than 10
calendar days after a copy of the permit decision by
the Planning Commission or Director of Planning has
been mailed to the project applicant. Permit decisions
are typically made on Wednesdays with the issued
permit mailed two days later on a Friday. Therefore,
the 10-day deadline is commonly the second Monday
following the hearing (by 5:00 p.m.).
Exception for Tentative Maps - The appeal must be
filed within 10 calendar days of the permit approval.
FEES & PROCESS
The application filing fee must be paid by the deadline as previously explained. Find the current fee for a
Permit Appeal on the Table of Applications at www.
sanjoseca.gov/PlanningApplications. For Tree Removal
Permits, a Public Noticing fee will also be charged.
HOW TO SUBMIT - 2 OPTIONS
In-Person (no appointment required): Before the
filing deadline stated above, come to the Planning
Offices, third floor of City Hall (200 E. Santa Clara
Street, San José) to submit the application. You may
pay the appeal fee in-person or staff may email you
an invoice which must be paid within 14 calendar
days of the invoice date for the appeal to be valid.
Email: Before the filing deadline stated above, email the completed application and any attachments to
[email protected]. If the appeal is timely
and complete, staff will send you an invoice for the
appeal fee, which must be paid within 14 calendar
days of the invoice date for the appeal to be valid.
WHAT TO SUBMIT
This application form, completed and signed.
Assessor’s parcel map showing the subject site
outlined.
City staff will set a public hearing date with the Planning Commission or City Council as appropriate. The appeal
item will be placed on the agenda. Staff will also
prepare a recommendation of action to the Planning
Commission or City Council.
FOR QUESTIONS
Speak with a City Planner at 408-535-3555; see phone
service hours at www.sanjoseca.gov/Planning.
Para información en español, comuníquese con un
Planificador de la ciudad al 408-793-4100.
Để được hỗ trợ, nói chuyện với Người lập kế
hoạ
ch thành phố tại 408-793-4174.
PLANNING DIVISION 05/20/2024 SUBJECT TO CHANGE
APPEAL OF PERMIT APPLICATION
PLANNING DIVISION 408-535-3555 SAN JOSE CITY HALL, 200 E. SANTA CLARA ST., SAN JOSE, CA 95113 WWW.SANJOSECA.GOV/PLANNING continued >
Exhibit A - Permit Appeal Applications
APPEAL OF PERMIT APPLICATION PAGE 2 OF 2
PLANNING DIVISION 408-535-3555 SAN JOSE CITY HALL, 200 E. SANTA CLARA ST., SAN JOSE, CA 95113 WWW.SANJOSECA.GOV/PLANNING Please download and save this computer-fillable form to your computer. Follow instructions for Digital Forms.
1. The undersigned respectfully requests an appeal to the permit issued for the property located at :
PROPERTY ADDRESS:
PROPERTY OWNER NAME:
PROPERTY OWNER MAILING ADDRESS:
2. REASON/S FOR APPEAL: If more space is needed, attach a separate sheet.
3. PERSON FILING APPEAL
RELATIONSHIP TO SUBJECT SITE CHECK ALL THAT APPLY: Property Owner Adjacent Property Owner Tenant on Site Pr
operty Owner/Tenant Within 1,000 feet Tentative Map Appeal (anyone may appeal) PRINT NAME:
MAILING ADDRESS:
EMAIL: PHONE:
● SIGNATURE OF PERSON FILING THE APPEAL DATE: [MM/DD/YYYY] For electronic submittal or virtual appointments, a Digital ID Signature is required.
Fo
r in-person appointments, an original ink signature is required.
4. CONTACT PERSON IF DIFFERENT FROM PERSON FILING APPEAL PRINT NAME:
MAILING ADDRESS:
EMAIL: PHONE:
OFFICE USE ONLY
FILE NUMBER:
INTAKE DATE: BY: PAID: $
COMMENTS:
Please see attached appeal letter following this form and attached in the email.
ZHUANGZHUANG ZHANG
12/05/2025
FirstCarbon Solutions
2999 Oak Road, Suite 250Walnut Creek, CA 94597
2334 Lundy Place
Exhibit A - Permit Appeal Ap plications
APPEAL OF SITE DEVELOPMENT PERMIT H24-057 AND MITIGATED NEGATIVE DECLARATION ER24-245
Project: 2334 Lundy Avenue, San José, CA 95131
Appellant: Zhuangzhuang Zhang
Date: 12/05/2025
To: City of San José – Planning Commission / City Council Department of Planning, Building, and Code Enforcement
I. INTRODUCTION
This letter formally appeals the approval of Site Development Permit H24-057 and the associated Mitigated Negative Declaration (M
ND) ER24-245 for the proposed 24/7
warehouse/logistics facility at 2334 Lundy Avenue. After reviewing all publicly available documents, we conclude that the approval process suffered from procedural defects and that the MND fails to disclose, analyze, or mitigate significant environmental impacts. Under CEQA, a full Environmental Impact Report (EIR) is required.
II. PROCEDURAL DEFECTS INVALIDATE THE APPROVAL
1. Inadequate Notice to Affected Residents, Schools, and the KB Homes Community The MND identifies Northwood Elementary School and Brooktree Elementary School as sensitive receptors, yet neither appears to have been notified. No public com ments were
received from parents or residents. Only three comments were submitted before the hearing, all from business-park stakeholders rather than the affected residential population.
Critically, the KB Homes residential community, located directly across a two-lane street from the project site and positioned to experience the first and greatest impacts from nighttime noise, diesel truck traffic, and light pollution, was not notified of the project, its MND, or the public hearing. Our community is the closest residential neighborhood to this development—far closer than the schools listed in the MND—yet no notices were mailed, posted, or delivered in any form.
The lack of notice to the nearest and most directly impacted homes violates the fundamental CEQA requirement of meaningful public participation. A project of this scale and intensity cannot proceed when the community most affected was never informed.
2. Hearing Deficiencies and Failure to Consider Resident Objections At the hearing, numerous supporters appeared unrelated to the surrounding community, while the objections of directly affected residents were dism issed without substantive
discussion. The immediate approval suggests the hearing functioned as a procedural formality rather than a genuine CEQA review.
3. Missing and Incomplete Administrative Record
Critical environmental documents, including Appendix A (Air Quality, GHG, and Energy Supporting Information) and the T
ransportation Analysis, were inaccessible during the
Exhibit A - Permit Appeal Applications
public review period. Without these materials, the public could not meaningfully evaluate the project. The lack of hearing materials or recordings on the City’s project website further demonstrates that the administrative record is incomplete.
III. THE MND IS LEGALLY INADEQUATE AND AN EIR IS REQUIRED
1. Significant Noise Impacts
San José’s Municipal Code limits industrial noise to 55 dBA at residential property lines.
A 24/7 logistics facility with 16 loading docks, truck arrivals, backup alarm s, coupling
noise, and idling cannot realistically comply. The single proposed mitigation—an 8-foot sound wall—is inadequate for elevated sources and multi-story homes in the KB Homes community directly across the street. Nighttime noise is linked to cardiovascular disease, sleep disruption, anxiety, and impaired learning. These are significant impacts under CEQA and require EIR-level analysis.
2. Significant Air Quality and Health Impacts on Children Continuous diesel truck operations will emit Diesel Particulate Matter (a carcinogen), NOx, and PM
2.5 pollution. Two elementary schools lie within 0.5 to 1 mile, and the KB Homes community is directly adjacent. Children are highly vulnerable to diesel pollution.
The MND’s “less-than-significant” conclusion contradicts extensive scientific evidence.
Without the missing Appendix A, these claims cannot be evaluated.
3. Significant Light Pollution and Sleep Disruption
A fully illuminated 24/7 truck court, parking lot, and building will produce light trespass and sky glow affecting all residences facing the site, including the KB Hom es community.
Light pollution is linked to circadian disruption, sleep disorders, and mental health impacts. The MND minimizes these effects.
4. Significant Transportation and Safety Impacts
Because the Transportation Analysis was unavailable, the public could not evaluate impacts. T
he project can operate either as a traditional warehouse or as a last-mile delivery hub, with vans and trucks circulating through nearby residential streets. This creates significant conflicts with schoolchildren, pedestrians, and cyclists on Lundy Avenue’s protected bike lane. None of these risks are assessed.
5. General Plan Policy Conflict
The Transit Employment Center (TEC) designation prioritizes high-density employment and R&D uses. A low-employm
ent, truck-intensive 24/7 warehouse is fundamentally
incompatible with this designation. Policy conflicts are themselves significant impacts requiring an EIR.
IV. SUBSTANTIAL EVIDENCE TRIGGERS THE NEED FOR AN EIR
CEQA requires an EIR when substantial evidence suggests a project may cause significant environmental im
pacts. Noise, air pollution, light pollution, traffic safety, land use conflicts, and the lack of adequate mitigation each independently satisfy this requirement. The MND cannot be legally adopted.
Exhibit A - Permit Appeal Applications
V. REQUESTED RELIEF
We respectfully request that the City of San José:
1. Grant this appeal and rescind approval of Site Development Permit H24-057.
2. Set aside the Mitigated Negative Declaration ER24-245.
3. Prepare a full Environmental Impact Report evaluating:
● Nighttime noise impacts on multi-story homes
● Diesel exhaust impacts on two elementary schools and adjacent residences ● Light pollution and sleep disruption
● Last-mile delivery traffic and school safety risks
● Cumulative health impacts
● A “No 24/7 Operations” alternative
● A “No Logistics / R&D Only” alternative consistent with TEC policies ● A “Zero-Emission Truck Fleet” alternative
4. Release all missing technical documents and re-open public review.
5. Re-notice all affected residents, including the KB Homes community, and restart the CEQA comment period.
VI. CONCLUSION
The project would introduce a 24/7 diesel truck facility directly across from a residential comm
unity and near two elementary schools. Significant impacts are unavoidable, and the public was deprived of meaningful participation due to the lack of notice and missing documents. Under CEQA, a full Environmental Impact Report is legally required. We respectfully request that the City uphold this appeal and require proper environmental review.
Sincerely,
Zhuangzhuang Zhang
Exhibit A - Permit Appeal Applications