San Jose Municipal Code Part 2 Modification Process

A. Any request for a modification to the UGB, as shown on the land use/transportation diagram or the text of the general plan with regard to the UGB, shall be filed by December 1 to qualify for hearing during the annual review process of the general plan for the succeeding year.

B. If, within ninety days after the application is filed, the director determines the request clearly qualifies as a minor modification based on the strict interpretation of the criteria set forth in Section 18.30.220, the modification may be considered during the annual review of the general plan.

C. If, within ninety days after the application is filed, the director determines the request does not qualify as a minor modification based on the strict interpretation of the criteria set forth in Section 18.30.220, the request shall be set for hearing pursuant to Section 18.30.260.

(Ords. 25301, 25302, 25706, 26082.)

To qualify as a minor modification, a proposed modification to the UGB must meet the criteria in subsections A., B., C., or D. below.

A. Subject to the limitations of subsections B., C., and D. below, lands proposed for inclusion within the UGB must be:

1. Be no larger than five acres in size unless the proposal would further the goals of the UGB by creating a permanent open space buffer or other clear limit to future urban development in the vicinity; and

2. Located below the fifteen percent slope line, as defined in the general plan; and

3. Be contiguous to lands with an urban land use designation on the city's general plan land use /transportation diagram.

B. Lands adjacent to the Coyote Valley Urban Reserve, proposed for inclusion within the UGB must meet all of the following additional criteria:

1. Be no larger than five acres in size; and

2. Be located partly within the UGB; and

3. Be proposed for development with a single, master plan process and coordinated implementation, such as a single planned development zoning and permit, that addresses uses and development on the entirety of such lands and that is compatible with neighboring uses and development.

C. Land proposed for inclusion in the UGB for public service or facility uses must meet all of the following additional criteria:

1. Require urban services; and

2. Be required to serve existing or planned development within the urban service area.

D. Lands within the Alviso Planning Area proposed for inclusion within the UGB must meet all of the additional criteria set forth in either subsection 1. or subsection 2. below:

1. Type I criteria:

a. Be no larger than five acres in size; and

b. Be located partly within the UGB; and

c. Be proposed for development with a single master plan process and coordinated implementation, such as a single planned development zoning and permit, that addresses uses and development on the entirety of such lands and that is compatible with neighboring uses and development; or

2. Type II criteria:

a. Notwithstanding the five-acre size requirement set forth in subsection A. above, be no larger than twenty acres in size; and

b. Have a solid waste disposal site designation on the city's general plan land use/transportation diagram; and

c. Be proposed for a use and for development in a manner that is auxiliary to or connected with an adjacent landfill use; and

d. Be contiguous to lands with an urban land use designation on the city's general plan land use/transportation diagram and to the city's urban service area on at least twenty percent of its boundaries; and

e. Be visually not distinguishable from contiguous, existing urban uses; and

f. Be proposed for development with a single master plan process and coordinated implementation, such as a single planned development zoning and permit, that addresses uses and development on the entirety of such lands and that is compatible with neighboring uses and development; and

g. Inclusion of the lands proposed for inclusion within the UGB will be consistent with the goals of the UGB by creating a permanent open space buffer or other clear limit to future urban development in the vicinity; and

h. No lands immediately adjacent to the lands proposed for inclusion within the UGB have been processed under the minor modification provisions of this section; and

i. Development of the lands will provide an environmental benefit.

(Ords. 25301, 25302, 25706, 26082, 26631.)

A. If the director determines that the application does not qualify as a minor modification, the director shall set hearings before the planning commission and the city council on the issue of whether:

1. The application qualifies as a minor modification; or

2. A comprehensive update of the general plan is currently underway or scheduled, and that the application should be referred to that process; or

3. A comprehensive update of the general plan shall be undertaken.

B. Notice of the time and place of the hearing by one publication in a newspaper of general circulation in the city at least ten days before the date set for the planning commission and city council hearings.

C. If the city council initiates a comprehensive update of the general plan, the request for a significant modification shall be referred to the update process.

D. The modification request shall be denied unless the city council:

1. Determines that the application qualifies as a minor modification; or

2. Refers the application to an existing comprehensive update of the general plan; or

3. Initiates a comprehensive update of the general plan based on the findings in Section 18.30.270.

(Ords. 25301, 25302, 25706, 26082.)

A. Significant modifications to the UGB are strongly discouraged in order to ensure the long term stability of the boundary by directing urban growth to areas of the city that are urbanized or planned for urbanization.

B. The city council shall refer a significant modification to a comprehensive update of the general plan only if it makes one of the following findings:

1. A comprehensive update of the general plan is being scheduled for reasons independent of this application; or

2. The applicant has demonstrated that without the modification, an owner would be denied economically viable use of his or her land.

(Ords. 25301, 25302, 25706, 26082.)

A filing fee, as set forth in the schedule of fees adopted by resolution of the city council, shall be submitted with each request for a modification to the UGB.

(Ords. 25301, 25302, 25706, 26082.)