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Council Agenda: 12-17-2024
Item Number: 10.3(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
SECTION 20.55.203 OF CHAPTER 20.55 OF TITLE 20,
AMENDING SECTIONS 20.195.010, 20.195.020,
20.195.070, 20.195.080, 20.195.090, AND 20.195.100 OF
CHAPTER 20.195 OF TITLE 20, ADDING A NEW PART 4
TO CHAPTER 20.195 OF TITLE 20, AND ADDING A NEW
SECTION 20.200.1225 TO CHAPTER 20.200 OF TITLE 20
OF THE SAN JOSE MUNICIPAL CODE RELATED TO
STREAMLINED INFILL HOUSING DEVELOPMENT
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), prior to making its determination on the Ordinance, the Council reviewed and considered the Addendum to the Final Program Environmental Impact Report for the Envision San José 2040 General Plan 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 2023-262) and Addenda thereto, in accordance with CEQA; and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, the Council of the City of San José has considered, approved and adopted said Addendum to Initial Study/Negative Declaration under separate Council resolution prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
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Item Number: 10.3(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SECTION 1. Section 20.55.203 of Chapter 20.55 of Title 20 of the San José Municipal Code is amended to read as follows:
20.55.203 Urban Village and Mixed Use Zoning District Use Regulations
Table 20-138
Urban Village and Mixed Use Zoning District Use Regulations
Use Zoning District Applicable Sections & Notes UVC UV MUC MUN UR TR Residential
One-family dwelling - - - P P P Note 6; Note 25
Two-family dwelling - - - P P P Note 6; Note 25
Accessory dwelling
unit
- P P P P P Part 4.5, Chapter 20.30
Mixed use
development
- P P P P P Note 20; Note 25
Chapter 20.195
Mixed use
development in
Neighborhood
Business District
Overlay
- - P P - - Note 27
Multiple dwelling - P P P P P Note 20; Note 25
Chapter 20.195
Streamlined Infill
Housing
Development
(outside of the
Airport Influence
Area)
- PGP PGP - PGP PGP Note 27; Section 20.200.1225;
Chapter 20.195, Part 4
Co-living
community
- S C C S S Part 3.73, Chapter 20.80
Guesthouse - S - S S S
Emergency
residential shelter
within Airport
Influence Area
- S S S S S Section 20.80.500
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Item Number: 10.3(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Emergency
residential shelter
outside of Airport
Influence Area
(more than 150
beds)
- S S S S S Section 20.80.500
Emergency
residential shelter
outside of Airport
Influence Area (150
beds or fewer)
- P P P P P Section 20.80.500, Chapter
20.195
Home Occupation - P P P P P Part 9, Chapter 20.80
Hotel supportive
housing
C - C - - - Note 17;
Part 22, Chapter 20.80
Live/work uses - S S S S S Section 20.80.740
Low barrier
navigation center
- P P P P P Chapter 20.195
Permanent
supportive housing
- P P P P P Note 20;
Chapter 20.195
Residential
accessory
structures or
buildings
- P P P P P Part 5, Chapter 20.30
Residential care
facility for six or
fewer persons
- P P P P P
Residential care
facility for seven or
more persons
- C C C C C
Residential service
facility for six or
fewer persons
- P P P P P
Residential service
facility for seven or
more persons
- C C C C C
Single room
occupancy, living
unit
- - C - - - Note 25;
Part 15, Chapter 20.80
General Retail
Alcohol, off-sale -
beer and/or wine
only
C C C C C C Section 20.80.900
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Alcohol, off-sale -
full range of
alcoholic
beverages
C C C C C C Section 20.80.900
Alcohol, off-sale -
as incidental to a
winery, brewery, or
distillery
A A A A A A Note 1;
Part 5.75, Chapter 20.80
Food, beverages,
and groceries
P P P P P P
Nursery, plant P P P P P P Note 2
Outdoor vending A A A A A A Part 10, Chapter 20.80
Outdoor vending,
fresh fruits and
vegetables
P P P P P P Part 10, Chapter 20.80
Pawnshop/broker C - C - - - See Title 6
Retail art studio P P P P P P Section 20.80.1175
Retail bakery P P P P P P
Retail sales, goods,
and merchandise
P P P P P P
Seasonal sales P P P P P P Part 14, Chapter 20.80
Agriculture & Open Space
Aquaculture,
aquaponics, and
hydroponics
S S S S S S
Certified farmers'
market
S S S S S S Part 3.5, Chapter 20.80
Certified farmers'
market, small
P P P P P P Part 3.5, Chapter 20.80
Community
gardens
P P P P P P
Neighborhood
agriculture
P P P P P P Note 16;
Title 7
Education & Training
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Child day care
center located on
an existing School
Site or as an
incident to a
permitted on-site
church/religious
assembly use
involving no
building additions
or changes to the
site
P P P P P P Note 5
Day care center S S S S S S Note 5
Instructional art
studios
P P P P P P
Private instruction,
personal
enrichment
P P P P P P
School, elementary
and secondary
(public or private)
C C C C C C Note 13
School, driving
(class C & M
license)
P P P P P P Note 3
School, post
secondary
P P P P P P
School, trade and
vocational
P/S P/S P/S P/S P/S P/S Note 4 and Note 13
Entertainment and Recreation
Arcade,
amusement game
P P P P P P
Health club,
gymnasium
P P P P P P
Performing arts
rehearsal space
P P P P P P
Poolroom/billiards
establishment
P P P P P P
Private club or
lodge
S S S S S S
Recreation,
commercial indoor
P P P P P P
Recreation,
commercial outdoor
- S - - - -
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Stadium, 2,000
seats or fewer
C C - - - -
Stadium, more than
2,000 seats
CC CC - - - - Note 14 and Note 15
Theater, indoor S S S - S S
Theater, outdoor S S S - S S
Food Services
Banquet facility S S S S S S
Caterer P P P P P P
Commercial kitchen P P P - S S
Drinking
establishments
S S S - S S
Drinking
establishments
interior to a full-
service hotel or
motel that includes
75 or more guest
rooms
P P P P P P Section 20.80.475
Public eating
establishments
P P P P P P
Public eating
establishment or
retail establishment
with incidental
outdoor dining
P P P P P P Section 20.40.520
Public eating
establishment in
conjunction with a
winery, brewery, or
distillery
P P P P P P Part 5.75, Chapter 20.80
Taproom or tasting
room in conjunction
with a winery,
brewery, or
distillery
A A A A A A Part 5.75, Chapter 20.80
Taproom or tasting
room with off-sale
of alcohol
A A A A A A Part 5.75, Chapter 20.80
General Services
Bail Bonds
Establishment
S S S - S S Note 11;
Part 1.5, Chapter 20.80
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Item Number: 10.3(b)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Bed and breakfast
inn
P P P P P P Part 2, Chapter 20.80
Dry cleaner P P P P P P
Hotel or motel P P P P P P
Single room
occupancy (SRO)
hotel
C C C C C C Part 15, Chapter 20.80
Laundromat P P P P P P
Maintenance and
repair, small
household
appliances
P P P P P P
Messenger
services
P P P P P P
Mortuary and
funeral services
P P P P P P
Personal services P P P P P P Section 20.200.880
Bail Bonds
Establishment
S S S - S S
Bed and breakfast
inn
P P P P P P
Health and Veterinary Services
Animal boarding,
indoor
P P P P P P Note 7
Animal grooming P P P P P P Note 7
Cannabis retail
storefront
R R R - R R Part 9.75, Chapter 20.80
Emergency
ambulance service
C C C - C C
Hospital/in-patient
facility
C C C - C C
Medical cannabis
collective
dispensary site only
R R R - R R Part 9.75, Chapter 20.80
Medical cannabis
dispensary
R R R - R R Part 9.75, Chapter 20.80
Office, medical P P P P P P
Veterinary clinic P P P P P P
Historic Reuse
Historic landmark
structure reuse
S S S S S S Part 8.5, Chapter 20.80
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Industry and Manufacturing
Laboratory,
processing
P P P - - -
Manufacturing and
assembly, light
P P P - - - Note 22
Office, research
and development
P P P - S S Note 21
Offices and Financial Services
Automatic teller
machine
P P P P P P Section 20.80.200
Business support P P P P P P
Office, general
business
P P P P P P
Retail bank /
Financial services
P P P P P P
Public, Quasi-Public and Assembly Uses
Cemetery C C C C C C
Church/religious
assembly
S S S S S S
Museums, libraries,
parks, playgrounds,
or community
centers (publicly
operated)
P P P P P P
Museums, libraries,
parks, playgrounds,
or community
centers (privately
operated)
S S S S S S
Recycling Uses
Reverse vending
machine
A A A A A A Part 13, Chapter 20.80
Small collection
facility
A A A A A A Part 13, Chapter 20.80
Transportation and Utilities
Community
television antenna
systems
C C C C C C
Off-site, alternating
use and alternative
parking
arrangements
S S S - S S Section 20.90.200
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Parking
establishment, off-
street
S - S - - - Note 23
Television, radio
studios without
antenna/dishes
C C C - - -
Utility facilities,
excluding
corporation yards,
storage or repair
yards and
warehouses
C C - - - -
Utility facilities
including
corporation yards,
storage or repair
yards and
warehouses
- - - - - -
Wireless
communication
antenna
C C C C C C Note 18;
Sections 20.100.1300, 20.80.1915
Wireless
communication
antenna, slimline
monopole
S S S S S S Note 19;
Sections 20.80.1900, 20.80.1915
Wireless
communication
antenna, building
mounted
P P P P P P Note 19;
Sections 20.80.1910, 20.80.1915
Utilities, Electrical Power Generation
Co-generation
facility
S S S S S S
Fuel cells P P P P P P
Private electrical
power generation
facility
C C C C C C
Solar photovoltaic
system
P P P P P P Section 20.100.610 C.7.
Stand-by/backup
facilities that do not
exceed noise or air
standards
A A A A A A
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Stand-by/backup
facilities that do
exceed noise or air
standards
C C C - - -
Temporary stand-
by/backup
P P P P P P
Vehicle Related Uses
Sale or leasing of
vehicles, showroom
only
P P P - - - Note 24
Sale, vehicle parts S S S - S S Note 9
For all other vehicle related uses refer to the General Use Regulations as described in section 20.55.201 (K)
Notes:
1. Alcohol, off-sales are limited to products manufactured on-site for wineries, breweries, or distilleries.
2. Landscaping materials, such as rock, mulch, and sand are limited to prepackaged sales.
3. Classroom use only, no driving courses or on-site storage of vehicles permitted in UVC, UV, MUC, MUN, UR or TR Zoning Districts.
4. Indoor uses related to trade or vocational schools are Permitted, any outdoor uses will require a Special Use Permit.
5. If the Daycare use exceeds the noise standards, as set forth in Chapter 20.40 in Section 20.40.600, it will require a Special Use Permit.
6. One-family dwellings or two-family dwellings are allowed as part of a larger development which meets the minimum density requirement in the UR and TR zoning districts.
7. Except as an incidental use to neighborhood agriculture, all uses involving any type of care for animals, including but not limited to grooming, boarding, medical care, must be conducted wholly inside a building.
8. Incidental repair includes non-invasive engine service, maintenance, and repair, including but not limited to, air conditioning service, fuel system service, electrical service, coolant system service, tune-up, fluid exchanges, steering and suspension system service, brake system service, transmission adjustment and service, lube, oil change, smog check, diagnostics and vehicle inspections, stock catalytic converters and manifolds, as well as tires, batteries and accessories installation. Does not allow body repair, welding, vehicle restorations, other types of exhaust system repair, the removal of cylinder heads, engines, transmissions/transfer cases and differentials, or painting.
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
9. No outdoor sales areas or dismantling allowed.
10. All vehicle-related repair, service, and accessory or other installation shall be conducted within a fully enclosed building.
11. Bail bond establishments shall not be located and are prohibited uses on the ground floors of structures located within the main jail area, as that area is defined in Section 20.80.070 of Chapter 20.80 of this Title. Bail bond establishments are allowed as shown on Table 20-138 on other, above-ground floors of structures. All bail bond establishments shall meet all distance requirements specified in Section 20.80.075 of Chapter 20.80 of this Title.
12. Charging stations that are incidental to a separate primary use that do not impact on-site or off-site vehicular circulation, and that serve patrons of the primary use on-site are permitted in all commercial zoning districts.
13. Public schools are subject to the regulations of this Title, subject to the provisions of California Government Code Section 53094 for classroom facilities.
14. Primary uses include sporting events, assembly venues, concerts, and entertainment events of similar character and intensity. Incidental support uses include offices, locker rooms, retail, public eating establishments, drinking establishments, outdoor vending facilities, and other commercial uses of similar character and intensity.
15. Use permit applications for stadiums that consist of more than 2,000 seats and that are in airport influence areas shall be referred to the Santa Clara Airport Land Use Commission prior to approval by the City.
16. Neighborhood agriculture in conformance with this Title is a permitted use that may operate on a site without a permanent building on that site.
17. Hotel supportive housing may be permitted only with a Conditional Use Permit pursuant to Part 22 of Chapter 20.80 and only until December 31, 2026.
18. Certain modifications of existing wireless facilities may be permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.
19. Conditional Use Permit required outside of Urban Villages; Special Use Permit in Urban Villages.
20. Permanent supportive housing is a permitted use as mixed use or residential- only development. For information regarding the ministerial approvalMinisterial Approval process, refer to Chapter 20.195 for more information.
21. Research and Development is allowed through a Special Use Permit in TR and UR if the use on site does not involve activity that would create noxious sounds, smells, or vibrations.
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
22. For the purposes of Chapter 20.55, Food and Beverage manufacturing is considered to be permitted under the Manufacturing and Assembly, light use, if it meets all of the following criteria:
a. The use must include a retail space which is accessible from and adjacent to the street and open to the public during regular business hours. b. Odors produced on-site shall not have a material negative effect on other businesses or properties in the area.
23. Surface parking which does not serve a use contained on the same site or under the same Development Permit is not permitted. Standalone parking structures are allowed under the following conditions:
a. Parking structures shall comply with the Citywide Design Standards and Guidelines.
b. In addition, the parking facility must meet one of the following criteria:
i. The parking facility shall be designed as a structured aboveground parking facility with ground floor commercial spaces, which are located along public rights-of-way or public open spaces, and which comply with Citywide Design Standards and Guidelines for ground floor commercial spaces.
ii. The parking facility shall be designed as an underground parking facility with a POPOS at grade level, which is open to the public 24 hours a day, and which complies with the Citywide Design Standards and Guidelines.
24. In UVC and MUC, sale and leasing of vehicles is permitted in the form of an interior showroom only with no on-site storage of vehicles other than display models in the showroom.
25. May be used as Transitional Housing.
26. 100% deed-restricted affordable housing is a permitted use for residential housing type that meet minimum density requirement in the UR and TR zoning districts, and commercial space requirements shall not apply; subject to conformance with General Plan policies and state law mandates. Refer to Chapter 20.195 for information regarding the ministerial approval process.
27. The Neighborhood Business District Overlay includes North 13th Street/Luna Park, Japantown (Taylor Street only), and the Willow Glen Neighborhood Business District.
28. Ministerial streamlined review process for housing development projects. See Section 20.200.1225 and Chapter 20.195 for projects that qualify.
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
SECTION 2. Section 20.195.010 of Chapter 20.195 of Title 20 of the San José Municipal Code is amended to read as follows:
20.195.010 Purpose
The purpose of this Chapter is to:
A. Specify how the City will implement the review and approval requirements of California Government Code Sections, 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier Navigation Centers Law"), 65913.4 et seq. ("State Streamlined Ministerial Approval Process"), 65912.100 et seq. ("AB 2011"), 65583 et seq. ("State Emergency Residential Shelters Law"), and California Health and Safety Code Section 17021.8 ("Agricultural Employee Housing Law"); and
B. Specify local ministerial approval process for certain housing applications as set forth in Chapter 20.65, Parts 2, 3 and 4; and
C. Specify local ministerial approval process for streamlined infill housing developments; and
CD. Facilitate the development of affordable housing consistent with the goals, objectives, and policies of the City's General Plan Housing Element as may be amended from time to time.
SECTION 3. Section 20.195.020 of Chapter 20.195 of Title 20 of the San José Municipal Code is 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.
20.195.020 Definitions
A. All terms used in this Chapter that are defined in the State Supportive Housing Law, State Low Barrier Navigation Centers Law, State Emergency Residential Shelters Law, AB 2011, and the State Streamlined Ministerial Approval Process shall have the meaning established by their respective sections, as the same may be amended from time to time.
1. As of date of publication of the ordinance adopting this Chapter
20.195, the following terms are defined in the State Supportive Housing Law:
a. Supportive Housing;
b. Supportive Services;
c. Target Population;
d. Use by Right; and
e. Lower Income Households.
2. As of date of publication of the ordinance adopting this Chapter
20.195, the following terms are defined in the State Low Barrier Navigation Centers Law:
a. Low Barrier Navigation Center;
b. Use by Right; and
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
c. Coordinated Entry System.
3. As of date of publication of the ordinance adopting this Chapter
20.195, the following terms are defined in the State Streamlined Ministerial Approval Process:
a. Objective Zoning Standards;
b. Objective Subdivision Standards;
c. Objective Design Review Standards;
d. Project Labor Agreement;
e. Skilled and Trained Workforce;
f. Affordable Housing Cost;
g. Affordable Rent;
h. Development Proponent;
i. Completed Entitlements;
j. Moderate Income Housing Units;
k. Production Report;
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l. State Agency;
m. Subsidized;
n. Reporting Period; and
o. Urban Uses.
B. All terms used in this Chapter that are defined in Chapter 20.200 of this Code shall have the meaning established in Chapter 20.200. Where terms that are defined in the State Housing Density Bonuses and Incentives Law are inconsistent with the definitions of the same terms set forth in Chapter
20.200 of this Code, the meaning of the terms in the State Housing Density Bonuses and Incentives Law shall prevail.
C. Whenever the following terms are used in this Chapter, they shall have the meaning established by this Section:
1. "Applicant" means the owner of the property, or person or entity with the written authority of the owner, that submits an application for Ministerial Approval.
2. "Director" means the Director of Planning, Building and Code Enforcement.
3. “Infill” means a site that was previously developed or a vacant site where at least seventy-five percent (75%) of the perimeter of the site adjoins parcels that are developed with urban uses.
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
34. "Ministerial Approval" means:
a. Any approval related to a housing development, Agricultural Employee Housing, Low Barrier Navigation Center, or
Emergency Residential Shelter that meets the requirements of the State Supportive Housing Law, the State Low Barrier Navigation Centers Law, the State Emergency Residential Shelters Law, AB 2011, and/or the State Streamlined
Ministerial Approval Process and does not require the exercise of judgement or deliberation by the Director; or
b. Any approval related to a housing development that meets the requirements of Chapter 20.65, Parts 2, 3 or 4, and does not require the exercise of judgement or deliberation by the Director.
45. "Restricted Affordable Unit" means a dwelling unit within a housing development that will be available at an Affordable Rent or Affordable Housing Cost as specified in the State Supportive Housing Law, AB 2011, and the State Streamlined Ministerial Approval Process.
56. "State Housing Density Bonuses and Incentives Law" means Government Code Section 65915 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to the provision of housing Density Bonus(es) and Incentives.
67. "State Low Barrier Navigation Centers Law" means Government Code Section 65660 et seq. and all amendments and additions thereto, now NVF:AXY:KMF
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or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals and Uses by Right.
78. "State Streamlined Ministerial Approval Process" means Government Code Section 65913.4 and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals.
89. "State Supportive Housing Law" means Government Code Sections 65650 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals and Uses by Right.
910. "AB 2011" means Government Code Sections 65912.100 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals and Uses by Right.
1011. "State Emergency Residential Shelters Law" means Government Code Section 65583 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals and Uses by Right.
1112. "Agricultural Employee Housing Law" means Health and Safety Code Section 17021.8 et seq. and all amendments and additions thereto, now or hereinafter enacted, that impose requirements applicable to the City related to Ministerial Approvals and Uses by Right.
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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
1213. "Eligible Agricultural Employee Housing" has the same meaning as "Eligible Agricultural Employee Housing Development" defined in Health and Safety Code Section 17021.8 et seq., or as later amended.
1314. "Housing Development Project" has the same meaning as defined in Government Code Section 65589.5, or as later amended.
SECTION 4. Part 3 of Chapter 20.195 of Title 20 of the San José Municipal Code is amended to read as follows:
Part 3
Local Ministerial Approvals
20.195.070 Local Ministerial Approvals
Ministerially Approved Developments:
A. The City will Ministerially Approve a housing development, located in the Affordable Housing Overlay, Mixed-Income Housing Overlay, or Housing Element Residential Overlay that meets the requirements specified in Chapter 20.65 when an Applicant submits an application as specified by this Chapter 20.195.
B. The City will Ministerially Approve an Emergency Residential Shelter that meets the requirements specified in Chapter 20.80 when an Applicant submits an application as specified by this Chapter 20.195.
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C. The City will Ministerially Approve a Streamlined Infill Housing Development that meets the requirements specified in Section 20.195, Parts 3 and 4, when an Applicant submits an application as specified in this Chapter 20.195.
20.195.080 Local Ministerial Standards
A. Development Standards. The following shall meet all objective site, design, and construction standards included in Title 17 (Building and Construction), Title 19 (Subdivisions), and Title 20 (Zoning) of this Code, and shall also comply with all objective design guidelines included in applicable specific plans or otherwise adopted by the City Council, and all administrative regulations adopted pursuant to Section 20.195.060 for the implementation of this Chapter 20.195:
1. Housing Development in the Affordable Housing Overlay, Mixed-Income Housing Overlay, or Housing Element Residential Overlay.
2. Emergency Residential Shelters that meet the requirements specified in Chapter 20.80.
3. Streamlined Infill Housing Development that meets the requirements specified in Chapter 20.195, Parts 3 and 4.
B. Ministerial approvalApproval shall not be issued where any of the following apply:
1. The development would require the demolition of a historic structure that was placed on the National Register of Historic Places, California Register of Historic Resources, or is listed as a City Landmark or Candidate City Landmark on the City’s Historic Resources Inventory.or alteration of a historic resource as defined and outlined below.
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a. Property listed in the San José Historic Resources Inventory, including property located within a designated or eligible National Register, California Register or City Landmark Historic District or designated historic district or Conservation Area classified in the Historic Resources Inventory as an Identified Structure.
i. An Identified Structure may be demolished if a historic report prepared by a qualified historic resources consultant meeting the Secretary of the Interior Professional Qualification Standards (Code of Federal Regulations, 36 CFR Part 61) documents and evaluates the property and determines it is not eligible for listing in the National Register, California Register, or the City of San José Historic Resources
Inventory as a Candidate City Landmark.
b. Properties not listed in the San José Historic Resources Inventory containing one or more building(s) over 45 years old shall be documented and evaluated in a historic report prepared by a qualified historic resources consultant meeting the Secretary of the Interior Professional Qualification Standards (Code of Federal Regulations, 36 CFR Part 61). If the qualified historic resources consultant determines that the property is eligible for listing in the National Register, California Register, or the City of San José Historic Resources Inventory as a Candidate City Landmark, the building(s) may not be demolished through a ministerial process. If the qualified historic resources consultant determines that the property is not eligible under the above criteria, the building(s) may be demolished.
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2. The site is designated as either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
3. WetlandsThe site contains wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
4. WithinThe site is within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
5. AThe site is a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
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a. The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
b. The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
6. WithinThe site is within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part
2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
7. Within a special flood hazard area subject to inundation by the one percent (1%) annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order NVF:AXY:KMF
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to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
b. The site meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
8. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply NVF:AXY:KMF
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with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
9. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
10. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
11. Lands under conservation easement.
12. The development would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
20.195.090 Application Requirements and Timing
A. General. Any Local Ministerial Approval sought by an Applicant shall be made pursuant to this Chapter.
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B. Application. All applications pursuant to this Chapter 20.195 shall be filed with the Director in a form prescribed by the Director. The application shall be signed by:
1. All owners of the real property included in the housing development; and
2. The person or entity with written authority of the owner(s) to apply for Ministerial Approval for a housing development.
C. Application Received. No application for Ministerial Approval shall be deemed received until the following have been provided:
1. All fees for the application as set forth in the schedule of fees established by resolution of the City Council have been paid. No fee shall be deemed received until any negotiable instrument has been cleared and funds deposited on the City's account.
2. All documents specified in this Chapter and on the application form have been filed.
D. Subdivision Application. Notwithstanding the Subdivision Map Act (Division 2 (commencing with Section 66410)), or any other applicable law authorizing the subdivision of land, the subdivision of a parcel for the housing development pursuant to Chapter 20.65 that also meet all the requirements of this Chapter for Ministerial Approval, shall be subject to a ministerial approvalMinisterial Approval process as set forth above and shall be processed concurrently with the ministerial approvalMinisterial Approval for the housing development.
E. Tree Removal Application. Notwithstanding Chapter 13.32, removal of trees, excluding heritage tree as defined in Section 13.32.140 or a palm tree in the NVF:AXY:KMF
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Palm Haven Conservation Area, necessitated by the housing development pursuant to Chapter 20.65 that also meet all the requirements of this Chapter for Ministerial Approval, shall be subject to a ministerial approvalMinisterial Approval process as set forth above and shall be processed concurrently with the ministerial approvalMinisterial Approval for the housing development.
F. Notwithstanding Chapter 5.08, Part 2, project must comply with Chapter 5.08, as amended.
20.195.100 Review and Approval Process
A. The California Environmental Quality Act (CEQA) does not apply to ministerial approvals.Ministerial Approvals, as they are statutorily exempt pursuant to Guidelines Section 15268, as may be amended. Ministerial Approvals complying with the requirements of this Chapter are not subject to CEQA.
B. General. An application for Ministerial Approval shall be acted upon by the Director.
C. Conditions for Approval. Before approving an application for Ministerial Approval, the Director must make the following findings based on evidence in the record, as applicable, that:
1. The housing development is eligible for Ministerial Approval.
2. If the application includes a request for a density bonus, incentive, waiver, or modification under Chapter 20.190, a finding that all the requirements for density bonuses and/or other incentives that are specified in Chapter
20.190 have been or will be met.
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D. Conditions for Denial.
1. The Director may deny an application for Ministerial Approval if the findings required by Subsection C above, as applicable, cannot be made.
2. The Director may deny a Ministerial Approval if doing so would be contrary to state and federal law, and this finding is made in writing.
3. The Director may deny a Ministerial Approval if the development would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
4. Nothing in this Chapter 20.195 limits the City's right to deny an affordable housing project under Government Code Section 65589.5.
E. Permit Conditions.
1. Term. Local Ministerial Approvals shall automatically expire after four (4) years from and after the date of issuance of the Local Ministerial Approval if within such four (4)-year period the vertical construction of buildings has not commenced, pursuant to and in accordance with the provisions of the Local Ministerial Approval.
a. The Director may issue a one-time, one-year extension of a Local Ministerial Approval if a complete building permit application for the project approved under the Local Ministerial Approval has been submitted.
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b. The application for an extension must be filed on the form provided by the Director on or before the date that is three (3) business days prior to the expiration of the development permit proposed for extension and accompanied by the fees as set forth in the schedule of fees adopted by resolution of the City Council.
c. The decision to grant, deny, or condition an extension is a ministerial determination.
2. Conditions. Following approval of an application under the Streamlined Ministerial Approval Process, but prior to issuance of a building permit for the development, the Director may require one-time changes to the development that are necessary to comply with the objective uniform construction codes (including, without limitation building, plumbing, electrical, fire, and grading codes), to comply with federal or state laws, or to mitigate a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without modifying the development. A "specific, adverse impact" has the meaning defined in Government Code section 65589.5(d)(2).
3. Failure to install public improvements. It shall be a violation of this Title for any person who has signed the acceptance of a permit or approval issued pursuant to this Chapter to fail to secure the completion of the public improvements required by the permit or approval within the time period specified. If no time period is specified, the time period for completion of improvements shall be deemed to be one (1) year from the issuance of a building permit unless an extension has been granted in writing by the NVF:AXY:KMF
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Director or, if no building permit is required, one (1) year from the issuance of the permit or approval.
4. Construction clean up. It shall be a violation of this Title for any person responsible for construction including but not limited to the permit holder and any contractor thereof to fail to keep the public right-of-way free from construction dirt and debris. All on-site construction debris shall be removed at least weekly.
5. Window Glazing. Unless otherwise indicated on an approved plan or in the approved permit, all first-floor, ground floor windows for any commercial use shall consist of transparent glass.
6. Maintenance of Landscape. It shall be a violation of this Title for any property owner or other person in control of any site to fail to install or maintain any landscaping required by a permit or approval issued pursuant to this Chapter or otherwise in a manner that fails to fully comply with the provisions of Chapters 15.10 or 15.11 of Title 15 of this Code. Any vegetation, required by a permit or approval, or otherwise by Chapters
15.10 or 15.11 of Title 15 of this Code, which is dead or dying, shall be replaced within sixty (60) days.
7. Hours of Construction within five hundred (500) feet of a residential unit.
No applicantApplicant or agent of an applicantApplicant shall suffer or allow any construction activity on a site located within five hundred (500) feet of a residential unit before 7:00 a.m. or after 7:00 p.m., Monday through Friday, or at any time on weekends. No extension of construction hours are allowed through a Permit Amendment or Permit Adjustment.
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8. All projects approved under this Chapter 20.195 shall follow the stormwater management requirements listed in Sections 20.100.470 and
20.100.480, as applicable.
9. Prior to the approval of the Tract or Parcel Map (if applicable) by the Director of Public Works, or the issuance of Building permits, whichever occurs first, all projects approved under this Chapter 20.195 shall satisfy all applicable Public Works clearance and Building Division clearance requirements.
10. All projects approved under this Chapter 20.195 shall, if required by the Zoning Ordinance, satisfy the performance standards of the applicable Zoning Districts.
11. All projects under this ministerial ordinance will be required to conduct Worker Environmental Awareness Program training for construction workers.
12. Any sites located in an archaeologically sensitive area, as mapped by the General Plan, will be required to have archaeological and Tribal monitoring during ground disturbance activities such as tree removal, demolition, and grading, and Tribes that requested consultation shall be notified of any findings made on the project site.
F. Environmental Standard Permit Conditions. Projects subject to a ministerial review process will be subject to the City standard environmental permit conditions adopted by City Council.
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SECTION 5. A new Part 4 is added to Chapter 20.195 of Title 20 of the San José Municipal Code, to be numbered, entitled and to read as follows:
Part 4
Ministerial Approval for City Streamlined Infill Housing Development Projects
20.195.200 City Streamlined Approval
A. The City will ministerially approve a streamlined infill housing development that meets the requirements specified in Chapter 20.195, Part 3 Local Ministerial Approvals, and Section 20.195.250 when an Applicant submits a complete application as specified by this Chapter 20.195.
B. Streamlined Infill Housing Development Projects are subject to the application requirements and timing in Section 20.195.090 for Local Ministerial Approvals and subject to the review and approval process in Section 20.195.100
20.195.250 City Streamlined Approval Standards
In addition to compliance with the local ministerial standards outlined in Section
20.195.080, a streamlined infill housing development project must meet all of the following criteria to be eligible for a streamlined approval process:
A. Land Use and Zoning
1. The project site must have a General Plan land use designation of Urban Residential, Transit Residential, Urban Village, or Mixed Use Commercial.
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a. The project must provide residential units at a net density of forty (40) dwelling units per acre or greater. If the project is located in a General Plan land use designation that allows a density below 40 DU/AC, the project must provide at least 40 DU/AC.
2. The project is zoned Urban Residential, Transit Residential, Urban Village, or Mixed Use Commercial.
3. The infill housing development project is located in an area in which the per-capita VMT is less than or equal to the threshold of significance for residential or the project meets the screening criteria under the City’s Transportation Analysis Policy (City Council Policy 5-1), as amended. If the project includes non-residential uses, the project must the CEQA screening criteria based on the proposed land use in Table 1 of the City’s Transportation Analysis Policy, as amended.
B. Location
1. The project is located in an approved urban village (excluding Alum Rock Ave Urban Village), Capitol Station Area Plan, Jackson-Taylor Specific Plan, Martha Gardens Specific Plan, or Midtown Specific Plan.
2. The project is within one-half (½) mile of an existing major transit stop defined by Public Resource Code §21064.3, as amended.
3. Project site is not within the Airport Influence Area approved by Council.
4. Project site is not within 100 feet of a City Landmark or City Landmark District.
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5. project is not located on a site known to contain archaeological or paleontological resources, or human remains.
6. The project is not located on a site within a mobilehome park.
7. The project is not located within three hundred (300) feet of a creek or edge of riparian vegetation, whichever is most restrictive.
8. The project site is not located on a hazardous waste site included on any list compiled pursuant to Section 65962.5 of the California Government Code.
C. Demolition. The Housing Development Project does not:
1. Demolish a unit occupied by tenants in a multi-unit dwelling (three (3) or more units) within the last five (5) years;
2. Demolish a project subject to an affordable housing regulatory agreement;
3. Demolish a unit protected under the Ellis Act; or
4. Reduce the total number of existing dwelling units on the site.
D. The project does not include or require the concurrent review of a:
1. Development Exception;
2. Variance;
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3. Use Permit; or
4. Planned Development Permit.
SECTION 6. A new Section 20.200.1225 is added to Chapter 20.200 of Title 20 of the San José Municipal Code, to be numbered, entitled and to read as follows:
20.200.1225 Streamlined Review for Infill Housing Development
“Streamlined Infill Housing Development” is a housing development project that complies with all eligibility criteria listed in Section 20.195.080 and Section 20.195.250.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk