20.195.310

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 20.195.230 for the implementation of this Chapter 20.195 : 1. Housing Development Projects located within 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 Approval shall not be issued where any of the following apply: 1. The development would require the demolition or alteration of a historic resource as defined and outlined below. 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. 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. The site contains wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). 4. The site is within a very high fire hazard severity zone, as determined by the California Department of Forestry and Fire Protection pursuant to Government Code 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. The site is a hazardous waste site that is listed pursuant to Government Code 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: 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 Government Code 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. The 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 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 the 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 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. 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), a 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 public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. C. Infill Housing Standards. In addition to the requirements stated in this Part, an Infill Housing Development Project must meet all of the following criteria to be eligible for a streamlined ministerial approval process: 1. Land Use and Zoning a. The project site must have a General Plan land use designation of Urban Residential, Transit Residential, Urban Village, or Mixed Use Commercial. i. 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. a. The project is zoned Urban Residential, Transit Residential, Urban Village, or Mixed Use Commercial. b. 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 uses 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. 2. Location a. The project is located in an approved urban village (excluding Alum Rock Avenue Urban Village), Capitol Caltrain Urban Village Plan, Jackson-Taylor Specific Plan, Martha Gardens Specific Plan, or Midtown Specific Plan. b. The project is within one-half (½) mile of an existing major transit stop as defined by Public Resource Code Section 21064.3, as amended. c. The project site is not within the Airport Influence Area approved by Council. d. The project site is not located within one hundred (100) feet of a City Landmark or City Landmark District. e. The project is not located on a site known to contain archaeological or paleontological resources, or human remains. f. The project is not located on a site within a mobilehome park. g. The project is not located within three hundred (300) feet of a creek or edge of riparian vegetation, whichever is most restrictive. h. The project site is not located on a hazardous waste site included in any list compiled pursuant to Section 65962.5 of the California Government Code. 3. Demolition. The Housing Development Project does not: a. Demolish a unit occupied by tenants in a multi-unit dwelling (consisting of three (3) or more units) within the last five (5) years; b. Demolish a project subject to an affordable housing regulatory agreement; c. Demolish a unit protected under the Ellis Act; or d. Reduce the total number of existing dwelling units on the site. 4. The project does not include or require the concurrent review of a: a. Development Exception; b. Variance; c. Use Permit; or d. Planned Development Permit. (Ord. 31298 .)