GUÍA PARA LAS AUDIENCIAS PÚBLICAS SOBRE PROPUESTAS DE DESARROLLO

HƯỚNG DẪN CÁC PHIÊN ĐIỀU TRẦN CÔNG KHAI VỀ CÁC PHÁT TRIỂN ĐƯỢC ĐỀ XUẤT

Want to give feedback on a new development or new use being proposed in the City of San José? This guide explains how the public hearing process works for proposed developments or uses, and how you can engage and provide comments.

First, here are ways to learn about proposed development projects:

Subscribe to our Development Projects Update List – You’ll receive a weekly email that lists proposed projects by Council District. Sign Up!

Follow us – We list community meetings and public hearings on our social media. Follow us @BuildingSanJose: Facebook  Twitter  Instagram and see our posts on Nextdoor.com (requires setting up an account).

Receive our Department news – Subscribe to our monthly newsletter that provides updates on programs, policies, surveys, and more: www.bit.ly/PBCENewsletter-Signup

COMMON QUESTIONS ON THE PUBLIC HEARING PROCESS for development projects 

1. How does the City inform the public about proposed developments or proposed new uses?

Following the City’s Public Outreach Policy for Pending Land Use and Development Proposals, the Planning Division informs the public of a proposed development/use by mailing notices to all residents and property owners within a 300-, 500- or 1,000-foot distance from the project, depending on the type and size of project.

You may also see a Proposed Development Project sign at the project site. Our department also uses the publicity methods noted at the top of this webpage.

2. Does a project sign posted on a property mean the project is approved?

No. The sign only provides information about the proposed project. Project applicants are required to post the sign soon after applying for a development or use permit. City staff will mail a notice regarding a public hearing notice several weeks or months later, depending on the size or complexity of the project.

At the public hearing, decision-makers will consider approval of the project. If you see a project sign and have concerns, act soon to contact the project manager. 

3. I received notices for a community meeting and a public hearing. What is the difference?

A community meeting is held to obtain early public comment on the project, before a formal public hearing on the project takes place. At the community meeting, the project applicant will explain the project, answer questions, and receive comments. Projects are not approved or denied at community meetings.

At a public hearing, decision-makers will approve, deny, or possibly schedule another meeting for further consideration of the project. You can provide input at these hearings. The decision-making body will consider all public input as well as the City staff recommendation before they make their decision.  

Note: It is most effective if you provide your input early in the review process.

4. Do all projects require community meetings and public hearings?

No. Most small additions to commercial, industrial, or residential buildings and most new single-family homes do not require a public hearing or a project sign. Such projects can proceed if they comply with City regulations, such as property line setbacks and height limits.

5. How can I see the project plans? Who can I talk to about them?

The project manager can provide a copy of the plans (or a link by email) and can answer your questions. The project manager’s name and contact information is on the project sign. If you subscribe to our Development Updates, you will see that every listed project includes the project manager information.

6. What kind of input can I give on a project? How can I influence the project design?

Developers are often sensitive to neighborhood concerns and typically make reasonable adjustments to address them. Giving feedback early in the process enables the developer to consider design solutions. Feedback that is specific is most helpful.

Here are examples of feedback that is helpful:

• The back wall of the proposed apartment building is too close to my backyard. There are balconies that will look right into my property.
• The proposed parking lot lights might shine into my windows.
• The proposed outdoor common area would be next to my property line. I’m concerned there will be parties and noise. Can it be relocated?
• For this proposed drive-through restaurant, it looks like the order speaker box would be near my bedroom window. Can it be moved?
• I support the new proposed grocery store, but I’m concerned about noise late at night. What can be done?

The City has development policies and design guidelines that address these kinds of issues, but it is still important and helpful to hear from the community about specific concerns.

7. What must decision-makers consider when making their decision? How do I influence the decision on the project?

The San José Municipal Code requires decision-makers to consider and find that the project:

1. Is consistent with City policies, regulations, and design guidelines;
2. Is compatible with the surrounding neighborhood both in use and building design;
3. Will not adversely affect the public health, safety and welfare; and
4. Demonstrates a significant, overriding need for the project if it will have significant and unavoidable impacts on the environment, as determined by the environmental analysis process.

Your input helps decision-makers assess if the project fulfills all of these requirements.

And your input is most effective when provided early in the project review process and at community meetings. At this stage, City staff are reviewing the plans with the developer and are discussing any needed changes.

If you wait until the public hearing, at that stage, it is difficult to change the project. AT the public hearing, decision-makers are tasked with approving or denying the project as presented. Decision-makers can direct some types of changes at the hearing, but any fundamental change to the project would require further analysis and another round of public hearings.

8. If there is neighborhood opposition, will the project still be approved?

As discussed in #7, if decision-makers find that the development follows policies, regulations, and design guidelines, then they will typically approve it. This follows the direction of the City’s General Plan. The General Plan is the publicly-approved blueprint for the City’s growth. The General Plan broadly defines the type and intensity of development envisioned for all properties in the City.

For example, if an apartment building is proposed in an area that is designated for multifamily development in the General Plan, then City decision-makers will generally support the project. The specific design of that project, however, may be modified to address public concerns. See Question #6.

Community feedback on proposed developments is important. It is this feedback that balances specific neighborhood concerns with the development goals of the General Plan.

9. Comments about larger issues around a proposed project

Like all large cities, San José experiences issues with traffic, parking, homelessness, housing affordability, construction noise, public safety, and more. Some of the City’s strategies to manage these larger issues includes placing requirements on development projects. Such requirements may include fees to fund parks; making improvements to roadways or transportation in the immediate project area; funding or directly constructing affordable housing units; and more.  

Such requirements must be proportionate to the project size and its impact. One project alone cannot solve the traffic problems of a large area, but it can make improvements in the immediate area that could help manage traffic.  A developer might pay fees into a fund that -- when combined with fees from other projects -- can make impactful improvements to the larger area. 

more information

See the following links for more information:

• City Council Development Policies
• Design Guidelines
• General Plan Information
• Zoning Ordinance