Item 10.2
Environmental Appeal and Permit Appeal of the Director’s Decision on the Site Development Permit and In-fill Exemption prepared for the 1295 Curtner Avenue Residential Project
File Nos. H25-021 & ER25-133
August 18, 2026
Presenters: Manira Sandhir, Deputy Director, Planning, Building and Code Enforcement David Keyon, Principal Planner, Environmental Review
John Tu, Division Manager, Planning Division
1 Site Description
www.sanjoseca.gov/planning
• Site Address: 1295 Curtner Avenue
• Site Area: 0.65 gross acres
• Existing Use: Residential
• General Plan Land Use Designation:
Residential Neighborhood
• Zoning District: R-1-8 Single-Family
Residence
• This housing project uses State Density
Bonus Law
2 Project Description
www.sanjoseca.gov/planning
• H25-021: Site Development Permit for 12 units,
utilizing the State Density Bonus Law (SDBL),
demolition of a single-family home
and removal/replacement of 24 trees.
The SDBL application provides 2 affordable units:
• 1 Very-low-income (50-80% AMI)
• 1 Moderate-income (80-120% AMI)
T25-017: Vesting Tentative Map for subdivision of
one lot into ten residential lots and one common
area for a private street.
3 Site Development Permit Review
Project was reviewed for consistency with the following:
• Envision San Jose 2040 General Plan
• Municipal Code
• Citywide Design Standards and Guidelines
• City Council Policy 6-30 (Public Outreach)
• California Environmental Quality Act (CEQA)
• State Density Bonus Law
www.sanjoseca.gov/planning
4 Environmental Review
• Class 32 In-Fill Exemption prepared in accordance CEQA • Consistent with General Plan and Zoning
• Developed urban infill lot with no suitable habitat for endangered, rare, or threatened species
• No significant traffic, noise, air quality, or water quality impacts • Existing utilities and other public services available to serve the site • No impacts to historic resources and not a hazardous waste site www.sanjoseca.gov/planning
5 Director’s Actions and Appeals
• Director's Hearing on March 25, 2026
• Members of the public provided testimony for and against the project • 13 members of the public spoke on the project (12 against, 1 in favor) • Concerns about traffic and safety during school drop-off and pick-up times, height compared to nearby residences, construction noise and dust, density bonus waivers, incompatibility with surrounding uses, negative impacts on property values • Supporters noted the project was well-thought-out plan for middle-income people who can’t afford a multi-million dollar home
• The Hearing Officer approved the proposed Site Development Permit and In- Fill Exemption to allow for development of the project
www.sanjoseca.gov/planning
6 Permit and Environmental Appeals
• Appeal of Site Development Permit (File No. H23-030) received on April 13, 2026. • The appellant asserts that the project is not compliant with several sections of the Citywide Design Standards and Guidelines, not adequately addressing traffic and safety concerns, inadequacy with fire requirements, lack of justification for the 14 waivers granted under SDBL, lack of scrutiny near proximity to school and lack of access to hearing materials. • Appeal of In-Fill Exemption (File No. ER25-133) use received on March 29, 2026. • The appellant asserts that the project does not qualify for a CEQA Section 15332 infill exemption because unusual circumstances would result in significant environmental effects, the project does not satisfy all applicable exemption criteria, and the CEQA review failed to adequately analyze construction-phase traffic impacts. The appellant further asserts that the project presents public health and safety concerns requiring additional findings and environmental review.
www.sanjoseca.gov/planning
7 Staff Responses to Permit Appeal
• The Site Development permit properly analyzed applicable City development standards, Municipal Code, Council policies and State policies approve the project.
• State Density Bonus Application requested 14 waivers. The project would not be able to build all proposed units on the site without granting of the waivers. • Fire Department clearance to proceed with permitting. Compliance with applicable Fire and Building requirements will be verified during the Building stage. No quantifiable health or safety risks were identified during Planning review.
• Public Works and DOT reviewed the project proposal for compliance with San Jose's Complete Street Design Standards.
• Cited Government Code provisions regarding school proximity do not apply because this project involves redevelopment of an existing residential property, not a school site. • The March 25 Director’s Hearing recording was posted during the appeal period. Project materials posted before the City Council hearing for public review. www.sanjoseca.gov/planning
8 Staff Responses to Environmental Appeal
• The project meets the applicable criteria under CEQA Guidelines Section 15332 and no exception under Section 15300.2 applies. • Surrounding conditions and existing traffic concerns are not unusual circumstances
• No potential for significant environmental effects
• Construction-related traffic is not a CEQA transportation impact • Project design would not substantially increase hazards • No anticipated health and safety impacts due to project size or location www.sanjoseca.gov/planning
9 Staff Recommendations
• Staff recommends City Council:
• Adopt a Resolution denying the permit appeal and upholding the Director's decision to approve the Site Development Permit, File No. H25-021, for subject project. • Adopt a resolution denying the environmental appeal and upholding the Planning Director’s reliance on the In-Fill Exemption prepared for the 1295 Curtner Avenue Project and related administrative records related to Site Development Permit No. H25-021. www.sanjoseca.gov/planning
10 Item 10.2
Environmental Appeal and Permit Appeal on the Director’s Decision on the Site Development Permit and In-fill Exemption prepared for the 1295 Curtner Avenue Residential Project
File Nos. H25-021 & ER25-133
August 18, 2026
Presenters: Manira Sandhir, Deputy Director, Planning, Building and Code Enforcement David Keyon, Principal Planner, Environmental Review
John Tu, Division Manager, Planning Division
11