The purpose of this Chapter is to establish City's approach to implementation of specific state law mandates. It is intended to support the City's General Plan, policies and goals, while providing a framework for development that ensures compliance with applicable state law provisions.

(Ord. 31316.)

A.

All terms used in this Chapter that are defined in state law shall have the meaning established by their respective sections, as the same may be amended from time to time. Any definitions not included in the statute shall be governed by applicable provisions of the City's Municipal Code.

B.

As of the date the ordinance adopting this Chapter 20.197 is passed by City Council, wherever the following terms are used in this Chapter, they shall have the meaning established by this Section pursuant to Government Code Section 65912.160:

"Industrial Employment Hub" means a contiguous area of at least 250 acres designated in the jurisdiction's general plan on or before January 1, 2025, as an employment lands area and the parcels within such area primarily dedicated to industrial uses. Such areas are designated as Employment Areas in the Envision San José 2040 General Plan Planned Growth Areas Map as amended on September 22, 2022.

(Ord. 31316.)

This Part implements Government Code Sections 65912.155 through 65912.162.1 as amended and herein referred to as Senate Bill 79 (SB 79). Qualifying transit-oriented housing developments are permitted as an allowed use on parcels within transit-oriented development zones as defined by and in accordance with SB 79 provisions. This Part is applicable only so long as SB 79 is operative.

Notwithstanding any other provision of this Code, transit-oriented housing developments pursuant to SB 79 shall not be permitted on any parcels within an Industrial Employment Hub established from the employment area boundaries designated in the City's General Plan, except as specified in this Part.

(Ord. 31316.)

A.

Consistent with Government Code Section 65912.160(e)(2), Industrial Employment Hubs are hereby exempted from the provisions of SB 79 and housing shall not be a permitted use on any of the sites so excluded.

1.

North San José - The area defined by the North San José Area boundary map, described as north and west of Interstate 880 and south of State Route 237, consistent with the adopted Area Development Policy and the General Plan land use designations.

2.

Berryessa International Business Park/Lundy/Milpitas BART - The area situated around the Berryessa/North San José BART station and bounded by the I-880 freeway to the west.

3.

East Gish/Mabury - The area north of downtown San José, near the Guadalupe River/Highway 87 and Highway 101 intersection, and area bounded by N. 1st Street to the west, King Road to the east, and I-880 to the north.

4.

Monterey Business Corridor - The area bounded by Alma Avenue to the north, Blossom Hill Road to the south, State Route 87 to the west, and Senter Road to the east.

5.

Old Edenvale/Old Edenvale Transit Employment Center - The area bounded by Highway 85 to the south, Monterey Road to the north and east, and Charlotte Drive to the west, and area to the northeast of the Santa Teresa neighborhood and northwest of Coyote Valley.

B.

Notwithstanding Section 20.197.030(A), properties with a general plan designation or overlay that allows residential use are not exempted from the provisions of SB 79.

(Ord. 31316.)

The boundaries of identified Industrial Employment Hubs are exhibited on a map entitled "Envision San José 2040 General Plan Industrial Employment Hub Area Diagram Map" and maintained by the Department of Planning, Building and Code Enforcement.

(Ord. 31316.)