Department Overview
Development Review
One of the chief responsibilities of the Planning Division is the processing of land development applications. Its central focus is to implement the General Plan and other adopted City Council policies through the review of the various development applications. Each year, staff processes approximately 1,000 permit applications. The purpose of the major categories of permits is described below.
Check out the Development Review section of this website.
While the General Plan sets the broad parameters for growth and establishes future land use patterns, zoning is the way in which we establish the use and development standards of property. Since zoning property is a legislative act, it is under the authority of the City Council.
The role of the Division is to advise the San Jose Planning Commission and the City Council on zoning matters. Frequently, proposals for re-zoning involve projects that are complex or require certain, specific land use controls to ensure compatible development. In these cases a Planned Development or PD zoning is required. Each PD zoning district is separate and unique. This allows the zoning to be fine-tuned to the particular characteristics of each neighborhood. The bulk of residential zonings in recent years have been PD zonings for these reasons.
Property is normally zoned upon petition to the Department by private property owners. Occasionally, the City Council or Planning Director will initiate a rezoning of property, especially where there is local opposition due to a zoning district that is out of context with the neighborhood land use pattern and the General Plan.
Before a Planned Development zoning can be utilized and before a building permit can be issued, a Planned Development Permit must be issued. The Planned Development permit covers the site planning, building design, landscaping, circulation, signs and other development aspects. These permits are issued by the Director of Planning, Building & Code Enforcement.
Applications for Tentative parcel and final maps, Lot Combining permits, Certificates of Compliance and Lot Line adjustments are filed with the Plan Implementation Division of the department. Often Tentative map applications are processed in conjunction with development permits. These permits are issued by the Director of Planning, Building & Code Enforcement. Final and parcel maps are processed through the Department of Public Works.
Site Development permits are the land development permits that are issued for all zoning districts other than planned development. The various design policies set forth for commercial, industrial and residential development are used in the development review process to assure the high quality of architecture, site design and landscaping to which San Jose residents have become accustomed. These permits are issued by the Director of Planning, Building & Code Enforcement.
Conditional Use permits are required for uses that the City Council has determined may cause significant impacts on the community. Examples of conditional uses include emergency shelters, drive-up businesses, churches, wrecking yards and nightclubs. The design and operation of these uses are subject to conditions that ensure their compatibility with neighboring development. Parking, building size, appearance and hours of operation are typical conditions. Conditional Use permits are approved by the City Planning Commission and may be appealed to the City Council.
Development Variances are issued by the Director of Planning, Building & Code Enforcement and allow minor variations to the development standards in regular or conventional zoning districts (not Planned Development Districts). Most Development Variances are issued for minor encroachments into setbacks and often allow minor house additions. Development Variances are only issued if there is a unique or exceptional physical circumstance associated with the property itself, such as an irregular lot shape.
There are other minor land use permits such as Tree Removal permits, Special Use permits and Administrative permits. These permits are routinely handled at staff level.
