NF:JVP:JMD File Nos. GPT21-003, PP21-008, and C21-018
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Council Agenda: 05-03-2022
Item No.: 10.2(d)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
TITLE 20 OF THE SAN JOSE MUNICIPAL CODE (ZONING
ORDINANCE) TO ADD CHAPTER 20.65 ENTITLED
“OVERLAY DISTRICTS” INCLUDING THE
ESTABLISHMENT OF THE TRANSIT EMPLOYMENT
RESIDENTIAL (TERO) OVERLAY ZONING DISTRICT, AND
AMENDING THE ZONING DISTRICT MAP TO ADD THE
TERO OVERLAY ZONING DISTRICT
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, Senate Bill (SB) 1333 took effect in January 2019 and requires charter cities to make consistent their General Plan and Zoning Ordinance; and WHEREAS, the 2040 Envision San José General Plan establishes overlay land use designations including the Transit Employment Residential Overlay (TERO) designation; and
WHEREAS, the Zoning Ordinance and the Zoning District Map require amendment to provide consistency with the General Plan by establishing the corresponding TERO Transit Employment Residential Overlay District; and
WHEREAS, on May 3, 2022, the City Council adopted a resolution adopting an Addendum to the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041) and Supplemental Environmental Impact Report to the Envision San José General Plan Final Program Environmental Impact Report (Resolution No. 77617), and Addenda thereto in conformance with CEQA (File Nos.
GPT21-003, PP21-008, and C21-018);
NF:JVP:JMD File Nos. GPT21-003, PP21-008, and C21-018
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Council Agenda: 05-03-2022
Item No.: 10.2(d)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. The recitals above are incorporated herein.
SECTION 2. Chapter 20.65 is hereby added to Title 20 of the San José Municipal Code to read as follows:
“Chapter 20.65
OVERLAY DISTRICTS
20.65.010 Overlay districts
A. This chapter establishes overlay districts which specify development standards applying to applications for land use permits on sites that fall within an overlay designation established in the City of San José Envision 2040 the General Plan.
B. Where a site is located within an overlay district and an application is made for development consistent with the land use provisions for the overlay designation, such a site may only use the standards and allowed uses that apply to the zoning overlay district as set forth in this chapter.
Part 1
TERO Transit Employment Residential Overlay
20.65.020 Purpose
TERO Transit Employment Residential Overlay. The TERO overlay identifies sites within North San José that may be appropriate for residential and commercial development if NF:JVP:JMD File Nos. GPT21-003, PP21-008, and C21-018
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Council Agenda: 05-03-2022
Item No.: 10.2(d)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
they are consistent with the standards and conditions specified in Part 1 of Chapter 20.65 and comply with the other requirements of this title. Development within this category is intended to make efficient use of land to provide residential units in support of nearby industrial employment centers. Site specific land use issues and compatibility with adjacent uses shall be evaluated and addressed through the development permit application process.
20.65.030 Applicability and overlay location
The TERO Transit Employment Residential Overlay applies to sites in the areas identified with the Transit Employment Residential Overlay on the General Plan Land Use/Transportation Diagram in the Envision San José 2040 General Plan and the Zoning District Map.
20.65.040 Overlay regulations and development standards
The allowed uses and development standards for the TERO Transit Employment Residential Overlay Zoning District are specified below:
Category Standard
Min. Lot Area 6000 sq. ft.
Mixed Use Allowed, no minimum or maximum floor
area ratio (FAR)
100% Residential DU/AC 75 -250 DU/AC
Maximum Building Height 270 feet
Setback Regulations
Front
Side
Rear
Maximum 10 feet
Maximum 10 feet
Minimum 10 feet
Ground Floor Commercial
Spaces
Refer to North San José Urban Design
Guidelines and Citywide Design
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Item No.: 10.2(d)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Standards (as applicable) for minimum
frontage, height, depth and other
requirements for ground-floor
commercial spaces.
Common and Private Open
Space Regulations for 100%
Residential and Mixed Use
Refer to Section 20.55.102
Lighting Refer to Section 20.55.103
Parking For general parking regulations, refer to
Chapter 20.90
No unmounted camper or vehicle, other than
those vehicles expressly specified and allowed
under Title 17 of this Code, shall be kept, stored
or parked for a period of time in excess of forty-
eight consecutive hours in the front setback area
of any lot or parcel containing a residential use.
Such parking or storage is limited to
paved surfaces.
SECTION 3. All that real property hereinafter described in this section, hereinafter referred to as "subject property," is hereby rezoned to the TERO Transit Employment Residential Overlay Zoning District.
The subject property referred to in this section is all that real property situated in the County of Santa Clara, State of California, depicted in Exhibit “A,” entitled “Transit Employment Residential Overlay District Zoning Map,” attached hereto and incorporated herein by this reference.
SECTION 4. The district map of the City shall be amended accordingly upon the effective date of this ordinance.
NF:JVP:JMD File Nos. GPT21-003, PP21-008, and C21-018
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Item No.: 10.2(d)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
PASSED FOR PUBLICATION of title this ___ day of ______, 2022 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
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Council Agenda: 05-03-2022
Item No.: 10.2(d)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Exhibit A
Transit Employment Residential Overlay District Zoning Map