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1 2024 General Plan Amendment (Cycle 2)
GPT24-001
T-1201.089 / 2150556
Council Agenda: 10/22/2024
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
RESOLUTION NO. _____
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE AMENDING THE ENVISION SAN JOSE 2040
GENERAL PLAN PURSUANT TO TITLE 18 OF THE SAN
JOSE MUNICIPAL CODE TO UPDATE TEXT AND MAPS IN
THE ENVISION SAN JOS E 2040 GENERAL PLAN AND
THE DIRIDON STATION AREA PLAN REFLECTING THE
UPDATED AIRPORT LAND USE COMPATABILITY PLAN
FOR THE SAN JOSE MINETA INTERNATIONAL AIRPORT
AND REPLACING THE AIRPORT INFLUENCE AREA (AIA)
FOR SAN JOS E MINETA INTERNATIONAL AIRPORT
DIAGRAM WITH A DIAGRAM OF THE CITY-APPROVED
MODIFIED AIA FOR SAN JOSE MINETA INTERNATIONAL
AIRPORT
2024 General Plan Amendment Cycle (Cycle 2)
File No. GPT24-001
WHEREAS, the City Council is authorized by Title 18 of the San José Municipal Code and state law to adopt and, from time to time, amend the General Plan governing the physical development of the City of San José; and
WHEREAS, on November 1, 2011, the City Council adopted the General Plan entitled, "Envision San José 2040 General Plan, San José, California” by Resolution No. 76042, which General Plan has been amended from time to time (hereinafter the "General Plan"); and
WHEREAS, in accordance with Title 18 of the San José Municipal Code, all General Plan and Specific Plan amendment proposals are referred to the Planning Commission of the City of San José for review and recommendation prior to City Council consideration of the amendments; and
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GPT24-001
T-1201.089 / 2150556
Council Agenda: 10/22/2024
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, on September 25, 2024, the Planning Commission held a public hearing to consider the proposed text amendments to the General Plan to update text and maps in the Envision San José 2040 General Plan and the Diridon Station Area Plan related to the City-approved modified Airport Influence Area ( “AIA”) overlay for San José Mineta International Airport (File No. GPT2 4-001), as specified in Exhibit “A” hereto (“General Plan Text Amendment”), at which hearing interested persons were given the opportunity to appear virtually and pr ovide public comments with respect to said proposed amendment; and
WHEREAS, at the conclusion of the public hearing, the Planning Commission transmitted its recommendations to the City Council on the proposed General Plan Text Amendment; and
WHEREAS, pursuant to Title 18 of the San José Municipal Code, public notice was given that on October 22, 2024, at 1:30 p.m., the Council would hold a public hearing where interested persons could appear, be heard, and present their views with respect to the proposed General Plan Text Amendment (Exhibit “A”); and
WHEREAS, a copy of the proposed General Plan Text Amendment is on file with the City of San José Director of Planning, Building and Code Enforcement and available online digitally at sjpermits.org, with copies submitted to the City Council for its consideration ; and
WHEREAS, on October 22, 2024, the Council held a duly noticed public hearing; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act (CEQA), together with related State CEQA Guidelines and Title 21 of the San José Municipal Code, the Director of Planning, Building and Code Enforcement has NVF:JAC:AXY:KMF
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GPT24-001
T-1201.089 / 2150556
Council Agenda: 10/22/2024
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
determined that the provisions of this Resolution do not constitute a project, under File No. PP17 -008 (General Procedure & Policy Making resulting in no changes to the physical environment); and
WHEREAS, the Council of the City of San José is the decision -making body for the proposed General Plan Text Amendment;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE AS FOLLOWS:
SECTION 1. The Council’s determination regarding General Plan Text Amendment File No. GPT24-001 is hereby specified and set forth in Exhibit “A,” attached hereto and incorporated herein by reference.
SECTION 2. The General Plan Text Amendment listed under File No. GPT24-001, as set forth in Exhibit “A” of this Resolution, shall take effect immediately following the adoption of the Resolution.
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4 2024 General Plan Amendment (Cycle 2)
GPT24-001
T-1201.089 / 2150556
Council Agenda: 10/22/2024
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ADOPTED this _____ day of _____________, 20__, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk
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Council Agenda: 10/22/2024
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
STATE OF CALIFORNIA )
) ss
COUNTY OF SANTA CLARA )
I hereby certify that the amendments to the San José General Plan specified in the attached Exhibit “A” were adopted by the City Council of the City of San José on _______________, as stated in its Resolution No. ________.
Dated: ________________ ___________________________ TONI J. TABER, MMC
City Clerk
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DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
EXHIBT “A”
File No. GPT24-001. The Envision San José 2040 General Plan is hereby amended as follows:
1. Chapter 5, “Land Use Designations” section, “Land Use Designations” subsection, page 6 and 7, is hereby amended to read as follows:
Downtown
Density: Up to 800 DU/AC; FAR Up to 30.0 (3 to 30 stories) This designation includes office, retail, service, residential, and entertainment uses in the Downtown. Redevelopment should be at very high intensities, unless incompatibility with other major policies within the Envision General Plan (such as Historic Preservation Policies) indicates otherwise. Where single-family detached homes are adjacent to the perimeter of the area designated as Downtown, new development should serve as a transition to the lower intensity use while still achieving urban densities appropriate for the perimeter of downtown in a major metropolitan city. All development within this designation should enhance the “complete community” in downtown, support pedestrian and bicycle circulation, and increase transit ridership.
Residential projects within the Downtown designation should generally incorporate ground floor commercial uses. This designation does not have a minimum residential density range (DU/AC) in order to facilitate mixed-use projects that may include small amounts of residential in combination with significant amounts of non-residential use. Such mixed-use projects should be developed within the identified FAR range of up to 30.0. While this land use designation allows up to 800 dwelling units to the acre, achievable densities may be much lower in a few identified areas to ensure consistency with the Santa Clara County Comprehensive Land Use Plan (CLUP) airport land use compatibility plan (ALUCP) adopted by the Santa Clara County Airport Land Use Commission (ALUC) for San José the Norman Y.
Mineta San José International Airport. The broad range of uses allowed in Downtown could also facilitate medical office uses or full-service hospitals.
The Downtown Urban Design Policies speak to the urban, pedestrian-oriented nature of this area. As such, uses that serve the automobile should be carefully controlled in accordance with the Downtown Land Use Policies.
2. Chapter 6, “Transportation Policies” section, “Airport” subsection, page 55 and 56, is hereby amended to read as follows:
Airports provide an important transportation and economic development function for the City of San José and the region. The San José Mineta International Airport, owned and operated by the City of San José, serves as the primary commercial airport for Silicon Valley. Its location near the center of the urbanized North Santa Clara Valley makes it convenient for Silicon Valley businesses and residents. The Airport Master Plan, as adopted by the City Council in June 1997, last amended in 2020, and as amended over time, guides the long-term physical development
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of the airport to accommodate projected commercial (passenger and cargo) and corporate general aviation demand.
The Airport Approach Zone identifies an area south of the San José Mineta International Airport where the impacts of aircraft noise and potential safety hazards to persons and property on the ground are primary considerations. Proposed re-use of City-owned land within the Airport Approach Zone that was acquired with FAA funds (including amendments to the Guadalupe River Park and Gardens master plans) require FAA review or approval.
The City’s only other airport is Reid-Hillview Airport, which is located in east San José. This Santa Clara County owned and operated airport serves primarily small piston aircraft and general aviation demand. Moffett Federal Airfield, located just outside the northwest corner of the City of San José, is a NASA owned and operated facility that presently has restricted aviation services but could provide beneficial aviation services to the City and the Silicon Valley region in the future, including emergency disaster relief.
The Airport Influence Area (AIA) is the airport land use planning area identified in the airport land use compatibility plan (ALUCP) which sets the boundaries for application of ALUC policies for San José Mineta International Airport and Reid-Hillview Airport. The latest San José Mineta International Airport ALUCP was adopted by the ALUC on March 27, 2024, and was subsequently adopted by the City Council with a modified AIA on October 22, 2024. As further described in resolution RES2024-xxx, the City overruled the AIA for San José Mineta International Airport adopted by the ALUC on March 27, 2024 because ALUC used inaccurate and artificially inflated aircraft operations data, which resulted in the ALUC adopting an expanded AIA that was inconsistent with both the City’s 2020 Airport Master Plan and the California Department of Transportation, Aeronautics Program’s (Caltrans Aero) guidance. The City-approved modified AIA reflects the more accurate data contained in the 2020 Airport Master Plan that was accepted by both the Federal Aviation Administration and Caltrans Aero.
3. Chapter 6, “Transportation Policies” section, page 56, Policy TR-14.1, is hereby amended to read as follows:
TR-14.1
Foster compatible land uses within the identified City-approved modified Airport Influence Area overlays for San José Mineta San José International Airport and the ALUC-approved Airport Influence Area overlay for Reid-Hillview aAirports.
4. Chapter 6, “Transportation Policies” section, page 56 and 57, Policy TR-14.3, is hereby amended to read as follows:
TR-14.3
For development in the City-approved modified Airport Influence Area overlays for San José Mineta International Airport, and the ALUC-adopted Airport Influence Area overlay for Reid- Hillview Airport, ensure that land uses and development are consistent with the height, safety, and noise policies identified in the respective Santa Clara County Airport Land Use Commission
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(ALUC) airport land use compatibility plans (ALUCP) comprehensive land use plans for San José Mineta San José International Airport and Reid-Hillview Airportairports, or find, by a two-thirds vote of the governing body, that the proposed action is consistent with the purposes of Article
3.5 of Chapter 4 of the 6 State Aeronautics Act, Public Utilities Code Section 21670 et seq.
5. Chapter 6, “Transportation Policies” section, “Airport Influence Area Diagram” map, page 58, is hereby amended to read as follows:
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DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
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DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
The Diridon Station Area Plan is hereby amended as follows:
1. Chapter 2, “Land Use” section, “Building Heights” subsection, page 49, is hereby amended to
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DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
read as follows:
Flight Path Restrictions
The Diridon Station area is subject to height and land use restrictions related to the Norman Y.
San José Mineta International Airport. Restrictions are defined by the Federal Aviation Administration (FAA) and Santa Clara Airport Land Use Commission (ALUC). The City also establishes aviation policies in the Envision San José 2040 General Plan.
The Federal Aviation Administration (FAA) administers regulations to protect the airspace for safe aircraft operations. In particular, Federal Aviation Regulations, Part 77, Objects Affecting Navigable Airspace (commonly referred to as “FAR Part 77”), sets forth standards and review requirements for airspace protection, primarily through restricting the height of proposed structures and minimizing other potential hazards (such as reflective surfaces, flashing lights, and electronic interference) to aircraft in flight. These regulations require that the FAA be notified of proposed construction projects located within an extended zone defined by an imaginary slope radiating outward for several miles from the airport’s runways, or which otherwise stand at least 200 feet in height above ground. The entire Diridon Station Area falls under the imaginary airspace notification surface for San José International Airport, ranging in elevation from approximately 120 feet above mean sea level at the north end of the Diridon Station Area to approximately 170 feet above mean sea level at the south end (note: ground elevation within the Diridon Station Area varies roughly from about 75-95 feet above mean sea level in a north/ south direction). Therefore, any proposed structure or object which would penetrate the imaginary notification surface, whether permanent or temporary, must be filed with the FAA for an aeronautical study to determine whether the specific structure would constitute a hazard to aircraft. Please refer to the FAR Part 77 for further details. Pursuant to the City’s Envision San José 2040 General Plan, all such projects must obtain “determinations of no hazard” from the FAA and comply with any conditions set forth in those determinations.
The ALUC, under State regulations, maintains a Comprehensive Land Use Plan (CLUP) airport land use compatibility plans (ALUCP) for Aareas Ssurrounding Santa Clara County Airports, including the Norman Y. San José Mineta International Airport. The San José Mineta International Airport ALUCPCLUP establishes land use policies for the regulation of height, air safety, and noise compatibility within the defined City-approved modified Airport Influence Area (AIA). As a large portion of the Diridon Station Area (primarily the eastern half) falls within the City-approved modified CLUP’s AIA, certain proposed land use projects within thise AIA, including General Plan, sSpecific pPlan, zoning, or building regulation changes, must be submitted to the ALUC for an ALUCPCLUP consistency determination.
The City’s Envision San José 2040 General Plan also requires projects within the City-approved modified Mineta International Airport AIA to be consistent with height, safety, and noise policies identified in the San José Mineta International Airport ALUCPCLUP, or find, by a two- thirds vote of the governing body, that the proposed action is consistent with the purposes of Article 3.5 of Chapter 4 of the State Aeronautics Act, Public Utilities Code Section 21670 et seq.
All property owners in the Diridon Station Area within the City-approved modified Mineta
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International Airport AIA who rent or lease property for residential use shall include in the rental/lease agreement with the tenants, where applicable, a statement advising that the tenants are living within an exterior aircraft noise exposure area designated by the ALUC as greater than the 65dBA CNEL in a manner that is consistent with current state law including AB2776 (2002). Consistent with Goal EC-1 of the Envision San José General Plan 2040, with the California Building Code, and with ALUC Policy N-4, interior noise levels in residences, hotels, motels, residential care facilities, and hospitals will not exceed 45 dBA DNL. See the Santa Clara County ALUC’s San José Mineta International Airport ALUCP CLUP for San José International Airport for further details. The City-approved modified San José Mineta International Airport AIA for the Norman Y. Mineta International Airport is illustrated in Figure 2-3-12.
2. Chapter 2, “Land Use” section, Figure 2-3-12: Airport Influence Area (AIA), page 50, is hereby amended to read as follows:
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DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Council District: Citywide