Planning, Building and Code Enforcement
City of San José
Environmental Review Policy
Environmental Review Handbook
Environmental Review Standard Permit Conditions
Title 21 Amendment
City Council
May 19, 2026
Presenter:
David Keyon, Principal Planner, Planning, Building and Code Enforcement Department
1 Planning, Building and Code Enforcement
Overview
Background
Environmental Review Policy
• Environmental Review Handbook
• Environmental Standard Permit Conditions
Title 21 Ordinance Amendment
• Changes to appeal noticing requirements
2 Planning, Building and Code Enforcement
Background
California Environmental Quality Act (CEQA): Public agencies must disclose environmental impacts of projects and identify mitigation measures to reduce impacts
National Environmental Policy Act (NEPA): Requires disclosure of environmental impacts of projects with federal funds and/or approvals Both frequently require technical analysis, and reviews can be costly and time consuming
City Auditor’s office published a report in March 2022 on improvements to City’s environmental review process
3 Planning, Building and Code Enforcement
A City Council Policy to adopt the Environmental
Review Handbook and Environmental Standard
Permit Conditions
Adoption of this Policy will implement several
recommendations from 2022 Audit and City Council
direction to streamline environmental review.
Policy will formally adopt:
• The Environmental Review Handbook
• Environmental Standard Permit Conditions
Proposed Environmental Review Policy
4 Planning, Building and Code Enforcement
Environmental Review Handbook
The Environmental Review Handbook:
• Defines roles and expectations including target review timelines, scope of work guidance, and deliverables
• Define and clarify thresholds of significance
• Provide a standardized approach to analysis methodology • Provide guidance for preparing CEQA and NEPA documents Goal:
• Improve clarity and consistency for consultants and staff • Reduce timelines and project costs
5 Planning, Building and Code Enforcement
Environmental Standard Permit Conditions
Purpose of the Environmental Standard Permit Conditions:
• Address the most common impacts from typical projects • Eliminate or reduce project-specific technical analysis • Provide criteria for when standard conditions apply
• Implement General Plan and City policies for protecting workers, residents, and habitat for statutorily exempt projects (Assembly Bill 130 and Senate Bill 131)
6 Planning, Building and Code Enforcement
Environmental Standard Permit Conditions
Standard permit conditions apply for common development impacts:
• Developed with a consultant and technical experts
• Shared with stakeholders and developers for feedback and input • Will reduce or eliminate need for technical studies for some projects • May not apply to all projects
• Build upon work for the City's Residential Ministerial Ordinance Common Impacts Addressed by Permit Conditions
Air quality (construction and operation) Nesting migratory birds Archeological and tribal cultural
resources Roosting bats
Non-CEQA historic resources Geology and soils
Hazardous materials (pesticides and soil) Hydrology and water quality Noise (construction) Vibration (construction)
7 Planning, Building and Code Enforcement
Residential Example: 1295 Curtner Ave
• Demolition of existing single family dwelling and
removal of all trees
• Build 12 residences (eight townhomes and four
condominiums)
• No underground parking
Based on criteria:
• Standard permit conditions apply
• No construction air quality health risk assessment
• No construction noise assessment
• Still needed Tree survey and Phase I Environmental
Site Assessment
Examples of How Standard Conditions will Apply
Curtner Avenue Residential Project
Site Plan
8 Planning, Building and Code Enforcement
Title 21 Municipal Code Amendment
Amend Title 21 (21.04.140(E)(6)) of Municipal Code regarding Environmental Appeal noticing requirements:
• Remove requirement to mail hard copies of staff reports to appellants, the applicant, and to adjacent neighbors for environmental appeals
• Notice would continue per the City's Outreach Policy
• Would follow same noticing process as appeal procedures • This would reduce staff time and cost
• All documents would be available online and hearing notices would be provided in the same manner as currently required
9 Planning, Building and Code Enforcement
Outreach
The Draft Environmental Review Handbook and Draft Environmental Standard Permit Conditions were published on the City’s website on March 26, 2026.
The website link was sent to Developer’s Roundtable contacts, Environmental Consultants Roundtable contacts and environmental groups for review.
Received four comments from consultants, and environmental groups staff met with one consultant and one applicant representative.
10 Planning, Building and Code Enforcement
Recommendation
Recommendation from the Planning Commission (9-0-2) that the City Council take the following actions:
1) Consider the Determination of Consistency to the Environmental Impact Reports for the Envision San José 2040 General Plan and Downtown Strategy 2040 in accordance with CEQA
2) Adopt a resolution approving the Environmental Review Policy, which adopts the Environmental Review Handbook and Environmental Standard Permit Conditions
3) Approve an ordinance amending Section 21.04.140 of the San José Municipal Code
11 Planning, Building and Code Enforcement
City of San José
Environmental Review Policy
Environmental Review Handbook
Environmental Review Standard Permit Conditions
Title 21 Amendment
City Council
May 19, 2026
Presenter:
David Keyon, Principal Planner, Planning, Building and Code Enforcement Department
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