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Council Agenda: 12/17/2024
Item No.: 10.3(a)
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 ADOPTING AN ADDENDUM TO THE
ENVISION SAN JOSE 2040 GENERAL PLAN FINAL
PROGRAM ENVIRONMENTAL IMPACT REPORT,
SUPPLEMENTAL PROGRAM ENVIRONMENTAL IMPACT
REPORT – GREENHOUSE GAS EMISSION ANALYSIS,
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT –
2023-2031 HOUSING ELEMENT UPDATE AND ADDENDA
THERETO, PREPARED FOR AMENDMENTS TO TITLE 20
OF THE SAN JOSE MUNICIPAL CODE ANALYZING THE
MINISTERIAL APPROVAL PROCESS FOR INFILL
HOUSING DEVELOPMENTS IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San José (“City”), acting as lead agency under the California Environmental Quality Act (“CEQA”), certified the Envision San José 2040 Final Program Environmental Impact Report (Resolution No. 76041), Supplemental Program Environmental Impact Report – Greenhouse Gas Emission Analysis (Resolution No. 77617), Supplemental Environmental Impact Report – 2023-2031 Housing Element Update (Resolution No. RES2023-262) and Addenda thereto (“prior Environmental Impact Reports”); and
WHEREAS, the City of San José’s Sixth Housing Element Cycle (2023-2031) identified the adoption and implementation of a Ministerial Ordinance as a strategy (Strategy P-7) to facilitate the development of housing; and this strategy would streamline approval of infill housing developments that meet specific objective standards without a public hearing, and qualify for a CEQA ministerial exemption under the CEQA Guidelines Section 15268; and
WHEREAS, the City prepared an ordinance amending the City’s Municipal Code Section
20.55.203 of Chapter 20.55 of Title 20, amending Sections 20.195.020, 20.195.070,
20.195.080, 20.090, and 20.195.100 of Chapter 20.195 of Title 20, adding a new Part 4 NVF:AXY:JMD
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Council Agenda: 12/17/2024
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
To Chapter 20.195, and adding a new section to Chapter 20.200 of Title 20 (Planning File No. PP24-011) (“City Infill Housing Ministerial Approval Ordinance”); and
WHEREAS, the City Infill Housing Ministerial Approval Ordinance created a streamlined review process for infill housing developments in designated growth areas on City properties and operating in compliance with the San José Municipal Code; and
WHEREAS, the City of San José Director of Planning, Building and Code Enforcement prepared an Addendum to the prior Environmental Impact Reports, pursuant to CEQA Guidelines Section 15164, to make minor modifications and allow a Streamlined Infill Housing Development use on the designated growth area sites (the “Addendum”); and
WHEREAS, the Addendum analyzes the proposed modifications of adding a new streamlined review process for infill housing developments (the “Project”) and demonstrates that the potential environmental impacts associated with the proposed modifications would be within the envelope of impacts already evaluated in the prior Environmental Impact Reports; and
WHEREAS, implementation of the Project would not result in new significant effects on the environment, nor will the Project result in an increase in the severity of effects identified in the prior Environmental Impact Reports; and
WHEREAS, the City Council has reviewed and considered the prior Environmental Impact Reports and intends to take action on the Project in compliance with CEQA; and
WHEREAS, the prior Environmental Impact Reports and the Addendum for the Project are on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José California, 95113, and are available for inspection by any interested person at that location and on the NVF:AXY:JMD
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Council Agenda: 12/17/2024
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Department of Planning, Building and Code Enforcement website (www.sanjoseca.gov/Planning);
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
A. The foregoing recitals, the prior Environmental Impact Reports, and the Addendum, thereto, are hereby incorporated by reference as if fully set forth in the body of this Resolution.
B. The City Council hereby makes the following findings: (1) it has independently reviewed and analyzed the prior Environmental Impact Reports as modified by the Addendum, as well as other information in the record and has considered the information contained therein, prior to acting upon or approving the Project; (2) the Addendum has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA; and (3) the Addendum represents the independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.
C. The City Council hereby finds that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Addendum prepared for the Project (Planning File No. ER24-250). The prior Environmental Impact Reports and the Addendum are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and on the NVF:AXY:JMD
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Council Agenda: 12/17/2024
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Department of Planning, Building and Code Enforcement’s website, and (2) available for inspection by any interested person.
ADOPTED this ______day of ___________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk