20.90.900
Applicability.
San Jose Municipal Code · San José Municipal Code § 20.90.900
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A. Applicability. The City shall not issue a Development Permit, Ministerial Permit, Building Permit, or a Certificate of Occupancy that is not in compliance with the requirements of this Part. B. Exemptions. The following Projects are exempt from the requirements of this Part 9 of Chapter 20.90 : 1. Any work on an existing building or structure which does not result in an increase in floor area, except for a project that involves a change of use where the proposed use is defined as a different TDM use category pursuant to Table 20-190 and where the modified square footage qualifies as a Level 1 or Level 2 project pursuant to Table 20-260. 2. Projects in which the new floor area constructed consists of: a. Fewer than 16 single-family detached housing units; or b. Fewer than 26 units of all other home end uses except for single-family detached housing units; or c. 10,000 square feet or less of any combination of commute end uses; or d. 100,000 square feet or less of any combination of visit end uses; or e. 30,000 square feet or less of any combination of other uses; or f. Fewer than 99 guest rooms, or suites of rooms, in a hotel; or g. Fewer than 9,000 seats or 250,000 square feet, whichever is greater, in any arena, stadium, or theater; or h. fewer than 250 students in any charter or private school. 3. Projects that require a development permit pursuant to Chapter 20.100 or a Ministerial Approval pursuant to Chapter 20.195 for which an application has been deemed complete by the City pursuant to Government Code Section 65943 or Government Code 65941.1(a) (unless exceptions are triggered per Government Code § 65589.5(o)) prior to the effective date of Part 9 of Chapter 20.90 , except for where the project is modified subsequent to the determination of completeness where such modifications would change the use categorization per Table 20-260, or if the project applicant elects to use the standards of this Chapter. 4. Projects where a Planned Development Zoning has been effectuated prior to the approval date of this ordinance. 5. Projects that provide 100% restricted affordable units, excluding unrestricted manager units that are; a. Deed restricted by a public entity for a period not less than 55 years for rental units and 45 years for for-sale units to low-income residents (earning 80 percent or less of the Area Median Income) and; b. Are developed at a minimum density of 35 DU/AC and; c. Are located in a High Quality Transit Area (Ord. 30857.)