Part 5 — SITE DEVELOPMENT PERMIT

A.

The purpose of this part is to promote orderly development, to enhance the character, stability, integrity and appearance of neighborhoods and zoning districts, to maintain and protect the stability and integrity of land values, and to secure the general purposes of this title and of the San José General Plan.

B.

In order to accomplish the purpose, it is necessary for the city to review and regulate the aesthetic and functional aspects of structures and sites and to require, as the city determines necessary, the aesthetic and functional improvements to the site and to any structures thereon and to require off-site improvements.

(Ords. 26248, 30603.)

A.

A valid Site Development Permit, issued under this Part, is required prior to the issuance of any building permit or installation permit for the following activities:

Erection, construction, enlargement, placement or installation of a building or structure on any site, except for one (1) one-family dwelling on a single lot or parcel that would be subject to Part 9 of Chapter 20.100 regarding requirements for a single-family house permit, or a one-family dwelling or two-family dwelling pursuant to the provisions of Part 8, Part 9, or Part 9.5 of Chapter 20.30; or

Erection, construction, enlargement, placement or installation of a one-family dwelling on a single lot or parcel as provided for in Section 20.100.1030(A)(4) regarding single-family house permits; or

Exterior alteration of a building or structure; or

Use of a lot for storage purposes; or

Installation of pavement on any portion of a lot; or

Underground installation.

B.

No single Site Development Permit shall be issued for more than one site. However, the removal and relocation of a building from one parcel to another separate parcel located within the City requires a single application pertaining to both parcels pursuant to Section 20.100.650.

C.

The provisions of this Part shall not apply:

If a permit is expressly not required by Section 20.100.1030 of this Title or a permit is issued under other provisions of this Chapter unless procurement of a Site Development Permit is made an express condition of such permit.

If temporary structures or buildings are to be constructed on a lot situate in a CP, CN, CG commercial districts, or the downtown zoning districts, the IP, LI or HI industrial districts, or an A agricultural district and are intended to be and are used in connection with the sale of Christmas trees or Halloween pumpkins in accordance with this Title, and remain on the site only for the temporary period specified for such uses in this Title.

If the underground installation is for the sole purpose of replacing an existing underground tank or tanks with a new tank or tanks whether or not total tank capacity on the site is increased.

If skylights are installed on existing dwellings provided that the parcel has four or fewer dwellings.

If the re-roof is installed on an existing building or structure which is not designated a historic landmark and does not involve any alteration to the existing roof line, provided that the material used in the re-roof meets all of the following conditions:

a.

Is of the same material or is of a replacement material(s) that is superior to or is an upgrade from the existing material in terms of quality, aesthetics or safety features as determined by the Director of Planning, Building and Code Enforcement; and

b.

Meets or exceeds all applicable fire and building code requirements.

Accessory structures on lots with one-family house, unless a permit is otherwise required by this Title.

A solar photovoltaic system mounted on the surface of an existing building or structure with a building permit in a manner that conforms to the provisions of this Title.

(Ords. 26248, 26455, 26761, 26995, 27091, 28320, 30603, 31298.)

Upon finding of an application for a site development permit completed pursuant to this chapter, the director shall review the application and shall set a public hearing on the application. Development within the Mixed Use Neighborhood zoning district that uses the Alternate standards, pursuant to Section 20.55.104, requires a subdivision and cannot be acted upon unless they are submitted and acted upon at the same time.

(Ords. 26248, 30603.)

A.

In addition to any other findings required by any other section of this title, the director, the planning commission, or city council, as set forth in Table 20-260, shall grant the site development permit after review of project design, only if all of the following findings are made:

The site development permit, as approved, is consistent with and will further the policies of the general plan and applicable specific plans and area development policies.

The site development permit, as approved, conforms with the zoning code and all other provisions of the San José Municipal Code applicable to the project.

The site development permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency.

The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on-site are mutually compatible and aesthetically harmonious.

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.

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 affect on adjacent property or properties.

Landscaping, irrigation systems, walls and fences, features to conceal outdoor activities, exterior heating, ventilating, plumbing, utility and trash facilities are sufficient to maintain or upgrade the appearance of the neighborhood.

Traffic and pedestrian access are adequate.

B.

The director, the planning commission, or the city council, as set forth in 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.

(Ords. 26248, 26995, 27091, 29484, 29785, 30603, 30857.)

A.

Amendments to an approved site development permit may only be approved if there is a finding by the director, or planning commission on appeal, that the amendment does not negate any findings required by Section 20.100.630.

B.

Nothing in this section shall preclude the director, or the planning commission on appeal, from modifying, adding or deleting any condition in order to protect the public peace, health, safety, morals or welfare.

(Ords. 26248, 30603.)

A site development permit for the relocation of a building or part thereof onto a lot or parcel within the City of San José may be conditioned upon the applicant providing a performance bond, or some equivalent

means satisfactory to the director of guaranteeing that all work permitted and/or required by the site development permit be completed in a timely manner. The permit shall include time limitations for the commencement and completion of the relocation, and for the commencement and completion of any required architectural and other required improvements.

(Ords. 26248, 30603.)

The appeal of any action taken under this part shall be governed by the procedures set forth in Sections 20.100.220 through 20.100.280.

(Ords. 26248, 30603.)