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Pending/Future Zoning Ordinance Amendments

A community meeting is scheduled for Wednesday, February 8th, at 6:00 PM in (Please note – REVISED MEETING LOCATION) ROOM 332 (3rd Floor) IN THE CITY HALL TOWER BUILDING to discuss proposed amendments that are scheduled to go the City Council in March.

Off-Sale Alcohol Permit Process (February 2012)
Revise the permit process for off-sale of alcohol to allow the Planning Commission to make a recommendation to City Council rather than a decision for mandatory denial of off-sale of alcohol permits that the Commission does not have the authority to approve.

Economic Streamlining #2 (March 2012)
Continue implementation of direction provided by the City Council as part of the City’s Economic Development Strategy to revise the Zoning Ordinance to facilitate economic development by

• Providing more flexibility for specific industrial and commercial uses (e.g., vehicle leasing, mini-storage, etc.) within the Commercial and Industrial Zoning Districts.
  

• Allowing ground floor offices that meet certain criteria with the “DG Area” of the DC Downtown Core Zoning District. • Streamlining the regulatory process for off-sale of alcohol at full service grocery stores by making a citywide determination of Public Convenience or Necessity for such uses.
  

• Extending the timeframe (retroactive from November 2011) for potential reactivation of expired Development and Historic Permits

• Revising the Historic Mills Act Contract process to align with new State law.
  

• Allowing up to two dwelling structures in the R-2 District.

Payday Lending/Alternative Financial Services (March/April 2012)
Establish land use regulations pertaining to payday lending establishments and other alternative financial services such as check cashing. This effort has been made possible in part by a grant from Silicon Valley Community Foundation.

Envision General Plan Implementation (June 2012)
Further revise the Zoning Ordinance to implement the new Envision San Jose 2040 General Plan, including:

• Revisions to building height restrictions.

• Creation of an Urban Village zoning designation

• Revise parking standards for mixed-use and supporting commercial uses.

Access to Healthy Food (June 2012)
Revise land use regulations pertaining to farmers' markets and mobile vending to reduce barriers that hinder the accessibility of affordable fruits and vegetables to San Jose residents. This effort is being done in conjunction with the Health Trust as part of the "The Campaign for Healthy Food San Jose".

If you have any questions or concerns regarding these or other issues, please contact Richard Buikema Senior Planner by email or at (408)535-7835.

Low Impact Development (LID) Stormwater Treatment

On October 4, 2011, the City Council approved an update to City Council Policy 6-29 :Post-Construction Urban Runoff Management, to bring the Policy into conformance with the requirements of the Regional Water Quality Control Board’s Municipal Regional Stormwater NPDES Permit (MRP). The MRP contains provision C.3.c Low Impact Development, which has new requirements for the use of source control, site design and the exclusive use of feasible Low Impact Development (LID) Stormwater Treatment measures on-site or at a joint stormwater treatment facility. These new requirements will apply to Planning permits (Site Development, Planned Development, Conditional Use Permits, etc) for new and redevelopment projects that create and/or replace 10,000 square feet or more of impervious surface that obtain final approval after December 1, 2011. Please take these new requirements into consideration in the process of preparing applications to the City of San Jose.

In addition to measures that reduce the amount of pollutants that enter stormwater (source control) LID measures include the following techniques to reduce the quantity and/or improve the quality of stormwater at or near its source:

• Rainwater Harvesting-capturing and storing stormwater runoff for later use including irrigation and non-potable interior uses. (Toilet flushing and laundry)

• Infiltration- treatment and/or retention of stormwater runoff onsite with natural or engineered pervious surfaces.

• Evapotranspiration- loss of water to the atmosphere by the combined processes of evaporation (from soil and plant surfaces) and transpiration (from plant tissues).

• Biotreatment (if prior LID measures determined to be infeasible)- treatment of stormwater runoff by filtration through vegetation, growing media and soil.

Please contact Richard Buikema or (408) 535-7835 with any comments or questions.

For additional information on implementing Low Impact Development measures is available from the EPA's web site and the Santa Clara Valley Urban Runoff Prevention Program.

Coordinated Expedited Review for Planning Applications

The Coordinated Expedited Review for Planning Applications (CER) process is an optional, fee-based service offered to select small project applicants to allow them to move quickly and efficiently through Planning entitlement processes.  Within the CER process, both the applicant and City agree to perform at an accelerated pace in providing necessary information to move a project forward.  The agreement to move at a faster pace does not guarantee City support, nor allow deviation from any applicable rules and guidelines.  A thorough and complete application is needed, and all regulations must be met. 

Click here for more information about the process and what projects qualify.

Outdoor Lighting Policy for Private Development

The City of San Jose is exploring revisions to City Policy 4-3 - Outdoor Lighting for Private Developments.  This policy update will include San Jose-specific provisions for the control of lighting in the outdoor areas of private developments in order to achieve the following objectives:

• Effective (accurate and uniform) Outdoor Lighting for safety and security.

• Use of state of the art/ energy efficient lighting technology to conserve energy.

• Prevention of Light Trespass and Glare

• Visibility of the Night Sky for San Jose residents and astronomers.

The current Policy is outdated with respect to recent technological advancements in longer-life, lower wattage broad spectrum (white) lighting technologies such as light emitting diodes (LED), and induction (a type of fluorescent) that provide more uniform and directional lighting with better color rendition than Low Pressure Sodium lighting that the Policy currently specifies. Current technology allows for lights to be dimmed in the later hours of the night and early morning to save energy and minimize sky glow interference with the astronomical research at the Lick Observatory.

Policy revisions that are being considered include limitations on the hours in which lighting can be operated at full power and Correlated Color Temperature (CCT) specifications more conducive to astronomical research to counteract the potential detrimental impacts of broad spectrum (white) light.

Input from the community members and lighting professionals on how the City should update this Policy is appreciated in advance of taking any proposals to the City Council for approval later this year. Please contact Rich Buikema by email or (408)535-7835 with any comments or questions.

4-21-11 City Council Memorandum: Energy Efficient Exceptions to City Council Policy 4-3 

Interim Standards for Broad-Spectrum (White) Light for Private Development

Fee Schedule for 2011-2012 (effective on August 15th, 2011)

Application filing fees for the various Planning Division processes, as well as fees for Public Works and Department of Transportation review of those processes.