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Transportation and Environment Committee (t&e)
August 29, 2022

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August 29, 2022
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Transportation and Environment Committee (t&e)
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Update to
Transportation
Policy 5-1
Transportation and
Environment Committee
City of San José
August 29, 2022
Ramses Madou
Division Manager
Planning, Policy, and Sustainability
DOT
Michael Brilliot
Deputy Director
Citywide Planning
PBCE
Council Policy 5-1: Transportation Analysis
• Adopted February 2018;
• Established Vehicle Miles Traveled (VMT) in Transportation Analysis as San Jose's CEQA metric for transportation, removing Level of Service (LOS); • Aligned City CEQA rules with state requirements (Senate Bill 743); • Focuses on Regional Level Impacts – Environmental, Public Health, and Access; • Promotes Infill Development near Transit.
2 What is an Override?
• Development Projects need to be
below the VMT threshold
• Some Projects can mitigate VMT
to meet the threshold
• Mitigation can be done by
constructing or funding
transportation improvements
• Even with mitigations some
Projects can't meet the threshold
• Council can adopt a Statement of
Overriding Consideration and
certify EIR
• Statement that project benefits
outweighs identified
environmental impacts
• Housing Projects must be 100%
affordable (80% AMI)
Project below threshold
Project needs mitigation
Project needs mitigation
& Council Override
3 Direction from T & E – May 2 , 2022
Explore amendments that would Support a
Statement of Overriding Considerations for proposed
General Plan Amendments for:
• Market Rate Housing Projects
• Outside of growth Areas
• That have immitigable VMT
4 Direction from T & E – May 2 , 2022
Direction was provided on these amendments:
• Must align with General Plan and Transportation strategies • Must significantly contribute to solving the housing crisis • Include specific process and criteria
• Include transportation and public benefit packages equal to impact • Full public outreach process
• Employment lands should not be converted to residential • Projects must be large enough to provide a balance of use • Projects must contribute to the vitality of their neighborhood 5 Ballot Measure C in 2018 is a potential framework
• Framework for residential conversion of land inconsistent with General Plan • Similar geographic scope
• Threatened Employment lands have immitigable VMT
• Establishes criteria for development
• Furthers City’s goals related to affordable Housing
• Passed overwhelmingly by voters
Proposed Policy 5-1 Criteria for a Statement of Overriding Considerations 6 Ballot Measure C in 2018 is a potential framework
• Proposal required to prepare a Fiscal and Jobs/Housing Balance Impact Study • For-sale residential: 50% of units have to be affordable at 110% AMI but can be sold to households making up to 120 AMI
• Rental residential: 35% of units have to be affordable to moderate income units and 20% have to be affordable to very low income households.
• Must use recycled water when area served by recycled water system.

Measure C Criteria
7 Proposed Policy 5-1 Criteria for a Statement of Overriding Considerations Applicable Areas
• Lands within the Urban Growth Boundary/
Urban Service Area
• Lands Designated Private Recreation
• Few if any vacant or underutilized lands
designated Residential Neighborhood or
Mixed- Use Neighborhood
• Lands designated Rural Residential and Lower
Hillside are not infill locations
• Public Quasi Public lands will be considered
through Yes On School Land process
Potential Infill site at Tully and
White Roads Courtesy Google Maps
City Edge at Gurdwara Ave
Courtesy Google Maps
8 Proposed Policy 5-1 Criteria for a Statement of Overriding Considerations Criteria
Affordable Housing
• 35% affordable to moderate income households (120% AMI) • 10 – 15% Affordable to low income households consistent with Inclusionary Housing Ordinance (IHO)
• Total below market rate requirement would be 45 – 50% • IHO would need to be met by providing affordable units on site. 9 Proposed Policy 5-1 Criteria for a Statement of Overriding Considerations Criteria Continued…
Transportation
• Mitigate VMT impact to the maximum extent feasible
• Construct or fund multimodal improvements
Other Improvements
• Required use of recycled water if and when recycled water is available to site
10 Proposed Policy 5-1 Criteria for a Statement of Overriding Considerations Process
Public Engagement
• Conduct outreach consistent with “Projects of Significant Community Interest” under Public Outreach Council Policy 6-30 • Outreach should be conducted throughout the entitlement process
• Conducted in predominate languages of the area
Fiscal Analysis
• Proposal required to do Fiscal Analysis to identify fiscal effects of the project upon the City
• Paid for by applicant but prepared by consultants working for the City
11 Proposed Policy 5-1 Criteria for a Statement of Overriding Considerations Process Continued…
Entitlement Process
• Project proposal would need to be submitted and considered with General Plan Amendment
• Provides more clarity as to what would be approved
12 Next Steps
• Planning Commission - November 9th
• City Council – November 29th
Proposed Policy 5-1 Criteria for a Statement of Overriding Considerations 13 Update to
Transportation
Policy 5-1
Transportation and
Environment Committee
City of San José
August 29, 2022
Ramses Madou
Division Manager
Planning, Policy, and Sustainability
DOT
Michael Brilliot
Deputy Director
Citywide Planning
PBCE

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