NVF:DHZ:JMD File No. PP22-009
10/13/2022
1 T-32508.002/1964326
Council Agenda: 10-25-2022
Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO. ________
AN UNCODIFIED ORDINANCE OF THE CITY OF SAN
JOSE TEMPORARILY EXTENDING THE TERM OF
SPECIFIED LAND USE AND HISTORIC PRESERVATION
PERMITS BY TWO YEARS FROM THEIR EXPIRATION
DATES DUE TO PERSISTENT ADVERSE ECONOMIC AND
PUBLIC HEALTH IMPACTS FROM THE COVID- 19
PANDEMIC
WHEREAS, on August 11, 2020, in response to a proclaimed state of emergency due to the COVID-19 pandemic, the City Council of the City of San José (“City Council”) adopted Ordinance No. 30460 to temporarily extend the expiration date of permits issued pursuant to San José Municipal Code Title 20 and Chapter 13.48 that received final approval on or before March 17, 2020; and
WHEREAS, the City Council acknowledged it was necessary to grant this temporary extension to continue to encourage and support development projects in the City of San José (“City”) that expended considerable time and resources to apply for and obtain the required permits from the City but had been delayed or constrained by adverse economic and public health impacts from the COVID-19 pandemic; and
WHEREAS, the City Council now wishes to adopt this uncodified Ordinance to grant a further extension of two (2) years for permits specified in this Ordinance due to the persistent adverse impacts from the ongoing state of eme rgency from the COVID -19 pandemic; and
WHEREAS, adoption of this Ordinance is not a “project” within the meaning of Section 15378 of the State California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in direct or indirect physical change in the environment; and
NVF:DHZ:JMD File No. PP22-009
10/13/2022
2 T-32508.002/1964326
Council Agenda: 10-25-2022
Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, the City Council has reviewed this O rdinance and finds it is consistent with all elements of the Envision San José 2040 General Plan and in compliance with the San José Municipal Code and state law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. The foregoing recitals are her eby incorporated as findings as though set forth in the body of this Ordinance.
SECTION 2. Applicants who qualified for permit extensions pursuant to Ordinance No. 30460 for any category of permits listed below, including all associated permits under one entitlement approval, are hereby granted a n additional two (2)-year extension from the most recent extended permit expiration date, but not extending past March 17, 2024, unless a permit adjustment is issued pursuant to San José Municipal Code Section
20.100.500:
(1) Site Development Permit pursuant to Part 5 of Chapter 20.100; (2) Conditional Use Permit pursuant to Part 6 of Chapter 20.100; (3) Special Use Permit pursuant to Part 7 of Chapter 20.100; (4) Planned Development Permit pursuant to Part 8 of Chapter 20.100; (5) Single Family House Permit pursuant to Part 9 of Chapter 20.100; (6) Administrative Permits pursuant to Part 10 of Chapter 20.100; (7) Development Variances and Exceptions pursuant to Part 11 of Chapter 20.100; and
(8) Historic Preservation Permits pursuant to Chapter 13.48.
SECTION 3. Notwithstanding the provisions of Section 2 above, this Ordinance shall not extend the term of any permit that specifies the permit may only be extended by an action NVF:DHZ:JMD File No. PP22-009
10/13/2022
3 T-32508.002/1964326
Council Agenda: 10-25-2022
Item No.: 10.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
of the Director of Planning, Building, and Code Enforcement (“Planning Director”) , Planning Commission, or City Council, as applicabl e, following a duly noticed public hearing. Any application for extension of the term of such a permit by the Planning Director, Planning Commission, or City Council shall also comply with any specific hearing notice procedures specified in the permit.
SECTION 4. If a court of competent jurisdiction invalidates, for any reason, any section, sentence, clause or phrase of this Ordinance, such decision does not affect the validity of the remaining portions of this Ordinance and the remaining portion will rem ain in full force and effect.
SECTION 5. This Ordinance shall take effect 30 days after final adoption (“Effective Date”).
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