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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
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
TITLE 20 (ZONING ORDINANCE OR ZONING CODE) OF
THE SAN JOSE MUNICIPAL CODE TO AMEND VARIOUS
SECTIONS OF CHAPTER 20.100, ‘ADMINISTRATION AND
PERMITS,’ INCLUDING SECTIONS 20.100.630 OF PART 5,
SITE DEVELOPMENT PERMIT; 20.100.720 OF PART 6,
CONDITIONAL USE PERMITS; 20.100.820 OF PART 7,
SPECIAL USE PERMITS; 20.100.940 OF PART 8,
PLANNED DEVELOPMENT PERMITS; AND TO MAKE
OTHER TECHNICAL, NON-SUBSTANTIVE, OR
FORMATTING CHANGES WITHIN THOSE SECTIONS OF
TITLE 20 OF THE SAN JOSE MUNICIPAL CODE
WHEREAS, pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined that this Ordinance is pursuant to, in furtherance of and within the scope of a Determination of Consistency to Final Program Environmental Impact Report for the Envision San José 2040 General Plan (the “FEIR”), for which findings were adopted by City Council through its Resolution No. 76041 on November 1, 2011, and Supplemental Environmental Impact Report (the “SEIR”), through Resolution No. 77617, adopted by City Council on December 15, 2015, and the Supplemental Environmental Impact Report – 2023-2031 Housing Element Update (Resolution No. RES2023-262) and Addenda thereto, and does not involve new significant effects beyond those analyzed in the FEIR and SEIR; and
WHEREAS, on May 6, 2026, the Planning Commission of the City of San José conducted a public hearing, under File No. PP25-007, to amend various sections of Chapter 20.100 of Title 20 of the San José Municipal Code to implement state law and implement City of San José’s 2023-2031 Housing Element Action Item P-41, standard permit conditions (findings); and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, this Council of the City of San José has considered and approves the information contained in the FEIR, as supplemented and addenda thereto, and related City Council Resolution Nos. 76041 and 77617 and the determination of consistency therewith prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Section 20.100.630 of Part 5 of Chapter 20.100 of Title 20 of the San José Municipal Code is amended to read as follows:
20.100.630 Findings
A. In addition to any other findings required by any other section of this tTitle, the dDirector, the pPlanning cCommission, or cCity cCouncil, as set forth in Section
20.100.220,Table 20-260, shall grant the sSite dDevelopment pPermit after review of project design, only if all of the following findings are made:
1. The sSite dDevelopment pPermit, as approved, is consistent with and will further the policies of the general plan and applicable specific plans and area development policies.
2. The sSite dDevelopment pPermit, as approved, conforms is consistent with the zoning code and all other provisions of the San José Municipal Code applicable to the project.
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
3. The site development permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency.
4. The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on-site are mutually compatible and aesthetically harmonious.
5. The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.
36. The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative aeffect on adjacent property or properties.
47. Landscaping, irrigation systems, walls and fences, features to conceal outdoor activities, exterior heating, ventilating, plumbing, utility and trash facilities are sufficient to maintained or upgraded the appearance of the neighborhood to be free from any structural damage and visible deterioration.
58. Traffic and pedestrian access are adequate consistent with the applicable site plans approved in accordance with the Department of Transportation (DOT) requirements.
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
6. The proposed project at the location shall be consistent with all applicable local, regional, state, and federal public health and safety policies; and shall not result in measurable impacts that would exceed applicable standards established for public health and safety including for noise, illumination, air quality or emissions; or hazards related to circulation or structural safety and shall comply with applicable building and fire codes; and shall conform to the City’s objective design standards.
7. Proposed projects that include non-residential uses shall comply with the following requirements:
a. The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on site are mutually compatible and aesthetically harmonious.
b. The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.
c. The proposed use shall not:
i. Adversely affect or be detrimental to the health, safety, or welfare of persons residing or working in the surrounding area; or
ii. Impair the utility or value of property of other persons located in the vicinity of the site; and
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
8. Project must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable.
B. The dDirector, the pPlanning cCommission, or the cCity cCouncil, as set forth in Section 20.100.220, Table 20-260, shall deny the application where the information submitted by the applicant or presented at the public hearing fails to satisfactorily substantiate such findings.
SECTION 2. Section 20.100.720 of Part 6 of Chapter 20.100 of Title 20 of the San José Municipal Code is amended to read as follows:
20.100.720 Findings
A. In addition to any findings required by any other section of this tTitle, the pPlanning cCommission, or the cCity cCouncil, may issue a cConditional uUse pPermit only after finding that:
1. The cConditional uUse pPermit, as approved, is consistent with and will further the policies of the general plan, applicable specific plans and area development policies; and
2. The cConditional uUse pPermit, as approved, conforms is consistent with the zoning code and all other provisions of the San José Municipal Code applicable to the project; and
3. The cConditional uUse pPermit, as approved, is consistent with applicable cCity cCouncil policies, or counterbalancing considerations justify the inconsistency; and
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
4. The proposed use at the location requested will not:
a. Adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area; or
b. Impair the utility or value of property of other persons located in the vicinity of the site; or
c. Be detrimental to public health, safety or general welfare; and
45. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping and other development features prescribed in this tTitle, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and
56. The proposed site is adequately served:
a. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; or by other forms of transit adequate to carry the kind and quantity of individuals such use would generate; and
b. By other public or private service facilities as are required.
67. The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative aeffect on adjacent property or properties.
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
7. The proposed project at the location shall be consistent with all applicable local, regional, state, and federal public health and safety policies; and shall not result in measurable impacts that would exceed applicable standards established for public health and safety including for noise, illumination, air quality or emissions; or hazards related to circulation or structural safety and shall comply with applicable building and fire codes; and shall conform to the City’s objective design standards.
8. Proposed projects that include non-residential uses shall comply with the following requirements:
a. The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on site are mutually compatible and aesthetically harmonious.
b. The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.
c. The proposed use shall not:
i. Adversely affect or be detrimental to the health, safety, or welfare of persons residing or working in the surrounding area; or
ii. Impair the utility or value of property of other persons located in the vicinity of the site.
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
9. Project must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable.
B. The pPlanning cCommission, or the cCity cCouncil, as set forth in Section
20.100.200, Table 20-260, shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.
SECTION 3. Section 20.100.820 of Part 7 of Chapter 20.100 of Title 20 of the San José Municipal Code is amended to read as follows:
20.100.820 Findings
A. In addition to any findings required by any other section of this Title, the Director, Planning Commission or City Council as appropriate, may issue a Special Use Permit only if all the following findings are made:
1. The Special Use Permit, as approved, is consistent with and will further the policies of the General Plan and applicable specific plans and area development policies; and
2. The Special Use Permit, as approved, conforms is consistent with the zoning code and all other provisions of the San José Municipal Code applicable to the project; and
3. The Special Use pPermit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency; and
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
4. The proposed use at the location requested will not:
a. Adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area; or
b. Impair the utility or value of property of other persons located in the vicinity of the site; or
c. Be detrimental to public health, safety, or general welfare; and
45. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate the use with existing and planned uses in the surrounding area; and
56. The proposed site is adequately served:
a. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; or by other forms of transit adequate to carry the kind and quantity of individuals such use would generate; and
b. By other public or private service facilities as are required.
67. The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental SAW:AXY:KMF
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
Quality Act (CEQA), will not have an unacceptable negative aeffect on adjacent property or properties.
7. The proposed project at the location shall be consistent with all applicable local, regional, state, and federal public health and safety policies; and shall not result in measurable impacts that would exceed applicable standards established for public health and safety including for noise, illumination, air quality or emissions; or hazards related to circulation or structural safety and shall comply with applicable building and fire codes; and shall conform to the City’s objective design standards.
8. Proposed projects that include non-residential uses shall comply with the following requirements:
a. The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on site are mutually compatible and aesthetically harmonious.
b. The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.
c. The proposed use shall not:
i. Adversely affect or be detrimental to the health, safety, or welfare of persons residing or working in the surrounding area; or
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ii. Impair the utility or value of property of other persons located in the vicinity of the site.
98. Project must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable.
B. The Director, Planning Commission, or City Council as appropriateset forth in Section 20.100.220, Table 20-260, shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.
SECTION 4. Section 20.100.940 of Part 8 of Chapter 20.100 of Title 20 of the San José Municipal Code is amended to read as follows:
20.100.940 Findings
A. The Director, the Planning Commission on appeal, or the City Council as appropriate, may issue a Planned Development Permit only if all of the following findings are made:
1. The Planned Development Permit, as issued, is consistent with and furthers the policies of the general plan; and
2. The Planned Development Permit, as issued, conforms is consistent in all respects to the planned development zoning of the property; and
3. The Planned Development Permit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency; and
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
4. The maximum building height and floor area ratio shall comply with the established underlying district, and building entrances shall be connected to pedestrian walking paths, public sidewalks, and common open spacesThe interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious; and
5. The environmental impacts of the project, including, but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties.
6. The proposed project at the location shall be consistent with all applicable local, regional, state, and federal public health and safety policies; and shall not result in measurable impacts that would exceed applicable standards established for public health and safety including for noise, illumination, air quality or emissions; or hazards related to circulation or structural safety and shall comply with applicable building and fire codes; and shall conform to the City’s objective design standards.
7. Proposed projects that include non-residential uses shall comply with the following requirements:
a. The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on site are mutually compatible and aesthetically harmonious.
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
b. The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.
c. The proposed use shall not:
i. Adversely affect or be detrimental to the health, safety, or welfare of persons residing or working in the surrounding area; or
ii. Impair the utility or value of property of other persons located in the vicinity of the site.
8. Project must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable.
B. The Director, the Planning Commission on appeal, or the City Council as set forth in Section 20.100.220, Table 20-260, shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.
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Council Agenda: 06-02-2026
Item Number: 10.1(a)(2)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk