Recommendation:
Direct the City Manager’s Office to work with the appropriate
departments, including but not limited to, Planning, Building, and Code
Enforcement, the City Manager's Office of Economic Development and
Cultural Affairs, and the City Attorney’s Office, to return with an
analysis and options for potential administrative, regulatory, and
programmatic actions to support the activation of vacant commercial
storefronts and reduction of blight citywide. This referral is intended to
initiate policy analysis and return with recommendations. The analysis
should include identification of workload impacts, fiscal implications,
and alignment with existing departmental work plans.
The analysis should include, but not be limited to, evaluation of the
following:
1. Evaluate potential amendments to San José Municipal Code
Section 20.150, as well as any other relevant ordinances, Municipal
Code sections, or City Council policies, to extend the allowable period
for reestablishing a legal nonconforming use without requiring a new
Special Use Permit from six months to up to three years. Additionally,
evaluate appropriate limitations, safeguards, or categorical exclusions
that may be necessary to address potential impacts associated with such
an extension.
2. Evaluate existing restaurant and small business programs within
the City Manager's Office of Economic Development and Cultural
Affair and the Planning, Building, and Code Enforcement Department
to identify opportunities to strengthen interdepartmental coordination
and better align program resources toward the activation of vacant
storefronts. The analysis should assess program effectiveness,
administrative feasibility, fiscal impacts, and policy implications and
return with recommendations and implementation direction informed by
these considerations.
3. Evaluate potential amendments to San José Municipal Code
Section 20.80 and relevant City Council Policies, including 6-28, 6-29,
and 8-14, to determine whether establishing a ministerial stand-alone
demolition permit process for certain vacant industrial and commercial
buildings is legally feasible and advisable. This evaluation should
consider applicability only where California Environmental Quality Act
permits ministerial approval and where the building is not a designated
or potentially historic resource, and should preserve environmental
screening requirements for polychlorinated biphenyls, commonly known
as PCBs (as referenced in City Council Policy 6-28) and maintain waste
diversion obligations under Section 9.10 of the San José Municipal
Code.
a. The analysis should be options-based and may identify and
assess a range of potential regulatory and implementation approaches
for City Council consideration, without presuming a preferred outcome.