San Jose Chick-Fil-A Moves Forward After Planning Mistake

A contentious Chick-fil-A project is moving forward after hitting a road bump.

The San Jose City Council unanimously approved removing a condition Tuesday that would have required a recently approved Chick-fil-A to construct the development without demolishing existing commercial buildings at 1301 W. San Carlos Street. Property owner Zotta Family Trust and applicant 4G Development & Consulting said the restraint would have prevented the 5,139-square-foot development from going through, leaving blighted old buildings to sit on the 1.09-acre site.

City planning staff said the last-minute condition was a mistake because the applicant wasn’t given the chance to speak about how it would hamper the project.

Joshua Safran, legal counsel representing owner Rosemary Zotta, said the decision was the right thing to do because Zotta is 89 and has been trying to retire from property management for years. Her family has owned the property for more than 50 years, and she’s lived her whole life in the neighborhood.

“She would have to leave (the old building) there like an open wound and try to wedge something new around it,” Safran said at the meeting. “This is Rosemary’s last chance at leaving a legacy for the neighborhood and for the next generation.”

Councilmember Michael Mulcahy, who represents District 6 where the project is, supported the condition’s removal because the restriction didn’t make sense to him. He said he hasn’t seen a condition like this in his 25 years of experience with planning hearings.

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