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Item No.: 10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
TITLE 20 (ZONING ORDINANCE OR ZONING CODE) OF
THE SAN JOSE MUNICIPAL CODE TO AMEND SECTION
20.40.100 TABLE 20-90 OF CHAPTER 20.40, AMEND
SECTION 20.50.100 TABLE 20-110 OF CHAPTER 20.50,
AMEND SECTION 20.55.203 TABLE 20-138 OF CHAPTER
20.55, AMEND SECTION 20.70.100 TABLE 20-140 OF
CHAPTER 20.70, AMEND SECTION 20.75.200 TABLE 20-
156 OF CHAPTER 20.75, AMEND PART 9.75 OF CHAPTER
20.80, AMEND PART 9.76 OF CHAPTER 20.80, AMEND
PART 13 OF CHAPTER 20.100, AND TO MAKE OTHER
TECHNICAL, NON-SUBSTANTIVE, OR FORMATTING
CHANGES WITHIN THOSE SECTIONS OF TITLE 20 OF
THE SAN JOSÉ MUNICIPAL CODE
WHEREAS, an Initial Study/Negative Declaration was prepared in conformance with the California Environmental Quality Act of 1970 (CEQA), as amended, for this Ordinance under File Number PP21-002 (the “Initial Study/Negative Declaration”); and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, this Council of the City of San José has considered, approved and adopted said Initial Study/Negative Declaration under separate Council resolution prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
SECTION 1. Section 20.40.100 Table 20-90 of Chapter 20.40 of Title 20 of the San José Municipal Code is amended to read as follows:
20.40.100 Allowed Uses and Permit Requirements
A. "Permitted" land uses are indicated by a "P" on Table 20-90.
B. "Conditional" uses are indicated by a "C" on Table 20-90. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a conditional use permit as set forth in Chapter
20.100. "Conditional" uses which may be approved only on parcels designated on the land use/transportation diagram of the general plan, as amended, with a designation that allows residential use are indicated by a "C GP " on Table 20-90.
These uses may be allowed in such designated districts, as a part of mixed use residential/commercial, but only upon issuance of and in compliance with a conditional use permit as set forth in Chapter 20.100.
C. "Conditional" uses requiring City Council approval as the initial decision-making body are indicated by a "CC" on Table 20-90. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a conditional use permit approved by the City Council as set forth in Chapter 20.100. Applications for these uses shall first be considered by the planning commission at a public hearing of the commission for the commission's report and recommendation on the application to the City Council pursuant to the processes set forth in Chapter 20.100.
D. "Special" uses are indicated by a "S" on Table 20-90. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and NVF:TLC:JMD
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
in compliance with a special use permit as set forth in Chapter 20.100. "Special" uses which may be approved only on parcels designated on the land use/transportation diagram of the general plan, as amended, with a designation that allows residential use are indicated by a "S GP " on Table 20-90. These uses may be allowed in such designated districts, as a part of mixed use residential/commercial, but only upon issuance of and in compliance with a special use permit as set forth in Chapter 20.100.
E. "Administrative" uses are indicated by an "A" on Table 20-90. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with an administrative permit as set forth in Chapter
20.100.
F. "Restricted" land uses are indicated by an "R" on Table 20-90. These uses may occur in such designated districts, as an independent use, but only upon issuance of and in full compliance with a valid and effective zoning code verification certificate as set forth in Chapter 20.100.
G. Land uses not permitted are indicated by a "-" on Table 20-90. Land uses not listed on Table 20-90 are not permitted.
H. When the right column of Table 20-90 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote applies to the use. In addition, all uses are subject to any other applicable provision of this Title 20 and any other title of the San José Municipal Code.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Table 20-90
Commercial Zoning Districts and
Public/Quasi-Public Zoning District Use Regulations
Use Zoning District Notes &
Section CO CP CN CG PQP
General Retail
Alcohol, off-sale - beer and/or wine only - C C C - Note 21; Section
20.80.900
Alcohol, off-sale - full range of alcoholic
beverages - C C C - Note 21; Section
20.80.900
Alcohol, off-sale - as incidental to a
winery, brewery, or distillery - S S S - Note 4
Food, beverages, and groceries - P P P S
Nursery, plant P P P P P Note 1
Outdoor vending - A A A A Part 10, Chapter
20.80 Outdoor vending, fresh fruits and
vegetables P P P P P Part 10, Chapter
20.80 Pawn shop/broker - C C C - See Title 6
Retail art studio - P P P - Note 21; Section
20.80.1175
Retail bakery - P P P - Note 21
Retail sales, goods, and merchandise - P P P - Note 21 Seasonal sales P P P P - Part 14, Chapter
20.80 Agriculture
Aquaculture, aquaponics, and hydroponics S S S S S
Certified farmers' market S S S S S Part 3.5, Chapter
20.80 NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Certified farmers' market, small P P P P P Part 3.5, Chapter
20.80 Neighborhood agriculture P P P P P Note 19; Title 7 Drive-Through Uses
Drive-through uses in conjunction with any
use - - C C C
Education and Training
Child day care center located on an
existing School Site or as an incident to a
permitted on-site church/religious
assembly use involving no building
additions or changes to the site
P P P P P Note 21
Day care center S S S S S
Instructional art studios - P P P S
Private instruction, personal enrichment - P P P S School, elementary and secondary (public
or private) C C C C S Note 16, Note 20,
and Note 21
School, driving (class C & M license) - P P P S Note 2, Note 20, and Note 21
School, post secondary - P P P S Note 3, Note 20, and Note 21
School, trade and vocational - C C C S Note 16, Note 20, and Note 21
Entertainment and Recreation
Arcade, amusement game - P P P - Note 21
Health club, gymnasium - P P P S
Performing arts rehearsal space - P P P -
Poolroom/billiards establishment - P P P - Note 21 Private club or lodge C C C C -
Recreation, commercial indoor - P P P S Note 21
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Recreation, commercial outdoor - C C C C Note 21
Relocated cardroom - - - C - Section
20.80.1155
Stadium, 2,000 seats or fewer - C C C C Note 17
Stadium, more than 2,000 seats - CC CC CC CC Note 17 and Note 18 Theater, indoor - S S S S Note 21
Theater, outdoor - - - S S Note 21
Food Services
Banquet facility - S S S S
Caterer - P P P S
Commercial kitchen - S P P -
Drinking establishments - C C C - Note 21
Drinking establishments interior to a full-
service hotel or motel that includes 75 or
more guest rooms
- P P P -
Section
20.80.475; Note
21 Public eating establishments - P P P - Note 21 Public eating establishment or retail
establishment with incidental outdoor
dining
- P P P - Note 21; Section
20.40.520
Public eating establishment in conjunction
with a winery, brewery, or distillery
- P P P -
Taproom or tasting room with off-sale of
alcohol
- A A A - Part 5.75,
Chapter 20.80
General Services
Bail bond establishment - outside main jail
area - P/S P P - Note 5; Part 1.5,
Chapter 20.80
Bail bond establishment - within main jail
area - P/S P P -
Note 5 and Note
14; Part 1.5,
Chapter 20.80
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Bed and breakfast Inn - P P P - Note 21; Part 2,
Chapter 20.80
Dry cleaner - P P P - Note 21
Hotel or motel - P P P - Note 21
Single room occupancy (SRO) hotel - C C C - Part 15, Chapter
20.80 Laundromat - P P P - Note 21
Maintenance and repair, small household
appliances - P P P - Note 21
Messenger services P P P P - Note 2 and Note
21 Mortuary and funeral Services P P P P - Note 21 Personal services - P P P - Note 21; Section
20.200.880
Photo processing and developing - P P P - Note 21 Printing and publishing - P P P - Note 21
Social service agency - S S S S
Health and Veterinary Services
Animal boarding, indoor P/- P P P P/S Note 8, Section
20.40.120
Animal grooming P/- P P P P/S Note 8 Section
20.40.120
Emergency ambulance service C C C C C
Hospital/in-patient facility C C C C C Note 21
Medical/Non-medical cannabis dispensary - R R R - Part 9.75, Chapter 20.80
Cannabis retail storefront - R R R - Part 9.75,
Chapter 20.80
Medical cannabis collective dispensary
site only - R R R - Part 9.75,
Chapter 20.80
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Office, medical P P P P S Note 21
Veterinary clinic - P P P C Note 16
Historic Reuse
Historic landmark structure reuse S S S S S Part 8.5, Chapter
20.80 Offices and Financial Services
Automatic teller machine P P P P S Section 20.80.200 Business support - P P P - Note 21
Financial services P P P P - Note 21
Office, general business P P P P S Note 21; Section
20.40.110
Payday lending establishment - R/- R R -
Note 24 Part 12.5,
Chapter 20.80
Section
20.200.875
Retail bank P P P P - Note 21
Public, Quasi-Public and Assembly Uses
Cemetery C C C C C
Church/religious assembly S S S S S Note 16, Note 20, and Note 21
Construction/
corporation yard associated with public,
quasi-public or assembly use or
transportation or utility use
- - - - C
Museums, libraries, parks, playgrounds, or
community centers (publicly operated) P P P P P Note 21 Museums, libraries, parks, playgrounds, or
community centers (privately operated) C C C C S Note 20 and Note 21 Recycling Uses
Reverse vending machine A A A A A Part 13, Chapter
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Small collection facility A A A A A Part 13, Chapter
20.80 Residential
Emergency residential shelter S S S S S Section 20.80.500 Hotel supportive housing C C C C C Note 22; Part 22, Chapter 20.80
Live/work uses - S S S - Note 6; Section
20.80.740
Mixed use residential/commercial - C/S C C
GP - Note 6 and Note
25 Residential care facility for seven or more
persons C C C C C
Residential service facility for seven or
more persons C C C C C
Single room occupancy, living unit - C C C - Note 6; Part 15, Chapter 20.80
Transportation and Utilities
Data center - - - C - Note 21
Commercial vehicle storage S - - S S
Common carrier depot S - S S S Note 21
Community television antenna systems C C C C C
Off-site, alternating use and alternative
parking arrangements S S S S S Section 20.90.200
Parking establishment, off-street C - C C -
Short term parking lot for uses or events
other than on-site - - - C C Note 7
Television, radio studios without
antenna/dishes - - - C C
Utility facilities, excluding corporation
yards, storage or repair yards and
warehouses
C C C C C
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Utility facilities including corporation yards,
storage or repair yards and warehouses - - - - C
Wireless communication antenna C C C C C
Note 23; Sections
20.100.1300,
20.80.1915
Wireless communication antenna, slimline
monopole S S S S S
Note 23; Sections
20.80.1900,
20.80.1915
Wireless communication antenna, building
mounted P P P P P
Note 23; Sections
20.80.1910,
20.80.1915
Utilities, Electrical Power Generation
Co-generation facility S S S S S
Fuel cells P P P P P
Private electrical power generation facility C C C C C Note 2 Solar photovoltaic system P P P P P Section
20.100.610 C.7.
Stand-by/backup facilities that do not
exceed noise or air standards A A A P A
Stand-by/backup facilities that do exceed
noise or air standards C C C C C
Temporary stand-by/backup P P P P P
Vehicle Related Uses
Accessory installation, passenger vehicles
and pick-up trucks - - C P -
Auto dealer, wholesale - no on-site
storage P P P P -
Car wash, detailing - - C C -
Fuel service station or charge station, no
incidental service or repair - C C P C Note 15
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Fuel service station or charge station with
incidental service and repair - - C P C Note 9 and Note 13 Glass sales, installation, and tinting - - C P - Note 13 Leasing (rental) passenger vehicles, pick-
up trucks not exceeding twenty-five feet in
length, and motorcycles
- - C P - Note 2
Sale, brokerage, or lease, commercial
vehicles - - C C - Note 13
Sale or brokerage, passenger vehicles,
pick-up trucks not exceeding 25 feet in
length, and motorcycles
- - S P - Note 12 and Note
13 Sale, vehicle parts - - P P - Note 11
Tires, batteries, lube, oil change, smog
check station, air conditioning servicing of
passenger vehicles and pick-up trucks
- - C P - Note 10 and Note
13 Notes applicable to all commercial districts:
1. In the CP district, landscaping materials, such as rock, mulch, and sand are limited to prepackaged sales.
2. Classroom use only, no driving courses or on site storage of vehicles permitted in the CP, CN, and CG Zoning Districts.
3. Includes public and private colleges and universities, as well as extension programs and business schools.
4. Alcohol, off-sales are limited to products manufactured onsite for wineries, breweries, or distilleries.
5. Permitted outside of Urban Village; Special use permit in Urban Villages.
6. In an urban village, mixed-use residential/commercial only if the residential portion of the use is 100% deed restricted and affordable to persons of low, very low, and/or extremely low income as defined in California Government Code Section 65915 et seq. and in conformance with all criteria in the general plan for such use. Live/work in an area with an urban village designation or urban village overlay in the general plan shall be consistent with applicable approved urban village plans.
7. Use must be less than twenty-four hours.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
8. Permitted only as incidental to neighborhood agriculture; otherwise prohibited in CO.
In PQP the use is permitted only as incidental to neighborhood agriculture; otherwise a special use permit is required
9. Incidental repair includes non-invasive engine service, maintenance, and repair, including but not limited to, air conditioning service, fuel system service, electrical service, coolant system service, tune-up, fluid exchanges, steering and suspension system service, brake system service, transmission adjustment and service, lube, oil change, smog check, diagnostics and vehicle inspections, stock catalytic converters and manifolds, as well as tires, batteries and accessories installation. Does not allow body repair, welding, vehicle restorations, other types of exhaust system repair, the removal of cylinder heads, engines, transmissions/transfer cases and differentials, or painting.
10. Includes non-invasive engine service, maintenance, and repair, including but not limited to, air conditioning service, carburetor and fuel injection system service, electrical service, radiator coolant system service, and tune-up, fluid exchanges, steering and suspension system service, brake system service, transmission adjustment and service, lube, oil change, and smog check, diagnostics and vehicle inspections, stock catalytic converters and manifolds, as well as tires, batteries and accessories installation. Does not allow body repair, welding, vehicle restorations, other types of exhaust system repair, the removal of cylinder heads, engines, transmissions/transfer cases and differentials, or painting.
11. No outdoor sales areas or dismantling allowed.
12. In the CG district, incidental repair of vehicles requires a special use permit. Incidental repair of vehicles is prohibited in all other commercial districts.
13. All vehicle-related repair, service, and accessory or other installation shall be conducted within a fully enclosed building.
14. Bail bond establishments shall not be located and are prohibited uses on the ground floors of structures located within the main jail area, as that area is defined in Section
20.80.070 of Chapter 20.80 of this title. Bail bond establishments are allowed as shown on Table 20-90 on other, above-ground floors of structures. All bail bond establishments shall meet all distance requirements specified in Section 20.80.075 of Chapter 20.80 of this title.
15. Charging stations that are incidental to a separate primary use that do not impact on- site or off-site vehicular circulation, and that serve patrons of the primary use on-site are permitted in all commercial zoning districts.
16. Public schools are subject to the regulations of this title, subject to the provisions of California Government Code Section 53094 for classroom facilities.
17. Primary uses include sporting events, assembly venues, concerts, and entertainment events of similar character and intensity. Incidental support uses include offices, locker rooms, retail, public eating establishments, drinking establishments, outdoor vending facilities, and other commercial uses of similar character and intensity.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
18. Use permit applications for stadiums that consist of more than 2,000 seats and that are in airport influence areas shall be referred to the Santa Clara Airport Land Use Commission prior to approval by the city.
19. Neighborhood agriculture in conformance with this title is a permitted use that may operate on a site without a permanent building on that site.
20. The City Council is the decision-making body for special use permit appeals for this use pursuant to Section 20.100.220 of this title.
21. In the PQP public/quasi-public zoning district, the following uses may be allowed as a use supporting and incidental to a primary PQP use:
a. Offices, retail, public eating establishments, and other commercial uses of similar character and intensity, with approval of a special use permit; and b. Drinking establishments, off-sale of alcoholic beverages, arcade amusement games, poolroom/billiards establishments, wineries, breweries, distilleries, and data centers, with approval of a conditional use permit.
22. Hotel supportive housing may be permitted only with a conditional use permit pursuant to Part 22 of Chapter 20.80 and only until December 31, 2026.
23. Certain modifications of existing wireless facilities may be permitted with an administrative permit in accordance with Section 20.80.1915 of Chapter 20.80.
24. Restricted outside of Urban Villages; Prohibited in Urban Villages.
25. Conditional use permit required outside of Urban Villages; Special use permit in Urban Villages.
SECTION 2. Section 20.50.100 Table 20-110 of Chapter 20.50 of Title 20 of the San José Municipal Code is amended to read as follows:
20.50.100 Allowed Uses and Permit Requirements
A. "Permitted" land uses are indicated by a "P" on Table 20-110.
B. "Permitted" uses which may be approved only on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the Combined Industrial/Commercial land use designation or, in the case of Hotel or Motel establishments, which may also be approved on property designated on the Land NVF:TLC:JMD
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Use/Transportation Diagram of the General Plan, as amended, with the Preferred Hotel Site Overlay, are indicated by a "P GP " on Table 20-110.
C. "Conditional" uses are indicated by a "C" on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter
20.100.
"Conditional" uses which may be approved only on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the Combined Industrial/Commercial Designation or, in the case of Hotel or/Motel establishments, may also be approved on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the preferred Hotel Site Overlay, are indicated by a "C GP " on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter
20.100.
D. "Conditional" uses requiring City Council approval as the initial decision-making body are indicated by a "CC" on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit approved by the City Council as set forth in Chapter 20.100. Applications for these uses shall first be considered by the planning commission at a public hearing of the Commission for the Commission's report and recommendation on the application to the City Council pursuant to the processes set forth in Chapter 20.100.
"Conditional" uses which may be approved only on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Combined Industrial/Commercial designation are indicated by a "CC GP " on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100.
E. "Special" uses are indicated by a "S" on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Special Use Permit as set forth in Chapter 20.100.
F. "Administrative" uses are indicated by an "A" on Table 20-110. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with an Administrative Permit as set forth in Chapter
20.100.
G. "Restricted" land uses are indicated by an "R GP " on Table 20-110. These uses may occur in such designated districts, as an independent use, but only upon issuance of and in full compliance with a valid and effective Zoning Code Verification Certificate as set forth in Chapter 20.100. "Restricted" uses may only occur on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with a Combined/Industrial Commercial, Industrial Park, Light Industrial, or Heavy Industrial designation.
H. Land uses not permitted are indicated by a "-" on Table 20-110. Land uses not listed on Table 20-110 are not permitted.
I. When the right column of Table 20-110 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote applies to the NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
use. In addition, all uses are subject to any other applicable provision of this Title 20 and any other title of the San José Municipal Code.
Table 20-110
Industrial Zoning Districts Use Regulations
Use
Zoning District Applicable
Sections &
Notes CIC TEC IP LI HI
Industry
Construction/corporation yard S - - P P
Establishment for the repair,
cleaning of household,
commercial or industrial
equipment or products
- - - P P
Extraction of minerals from the
ground, including quarrying - - - - C
Hazardous materials storage
facility - - - C C
Hazardous waste facility - - - - C
Junkyard - - - - C
Industrial services - - - P P
Laboratory, processing P P P P P
Manufacturing and assembly,
light P P P P -
Manufacturing and assembly,
medium P P P P P
Manufacturing and assembly,
heavy - - - - P
Miniwarehouse/ministorage - - - C -
Outdoor uses or storage,
industrial - - - S P Section 20.50.210
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Research and development P P P - -
Stockyard, including slaughter - - - - C
Warehouse/distribution facility P P P P P Note 2
Wholesale sale establishment P S S P P Note 2
Additional Uses
Any use not set forth in Tables
20-30, 20-50, 20-90 - - - - C
Any use without a permanent
fully enclosed building on-site C C C S S
Commercial support - P P - - Note 5; Section
20.50.110
Agriculture
Aquaculture, aquaponics, and
hydroponics S - S S S
Certified farmers' market S S S - - Part 3.5, Chapter
20.80 Certified farmers' market -
small P P P - - Part 3.5, Chapter
20.80 Neighborhood agriculture P - P P P
Drive-Through Use
Drive-through in conjunction
with any use C - - - -
Education and Training
Day care center S S S - - Note 20
Instructional art studios P P - - - Note 14
Private instruction, personal
enrichment P P - - - Note 14
School, driving (class A & B
license) P/S - - P P Note 23
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
School, driving (class C & M
license) P/S - - S S Note 23 and Note
24 School, elementary and
secondary (public or private) C C - - - Note 11
School, post secondary C C C - -
School, trade and vocational S C S S S
Entertainment and Recreation
Health club, gymnasium P S - - - Note 14; Section
20.50.110
Performing arts production
and rehearsal space,
excluding performances
P C C - -
Recreation, commercial/indoor P S - - - Note 2 and Note 5; Section 20.50.110
Recreation,
commercial/outdoor C - - - -
Relocated cardroom C GP C GP C GP C GP - Section 20.80.1155 Stadium, 2,000 seats or fewer
including incidental support
uses
C C - - - Note 15
Stadium, more than 2,000
seats including incidental
support uses
CC
GP - - - - Note 15 and Note
16 Food Services
Caterer P P - - -
Commercial kitchen P P P P - Note 2 and Note 14
Drinking establishments C C - - -
Drinking establishments
interior to a full-service hotel or
motel that includes 75 or more
guest rooms
P S/P P GP - -
Note 13 and Note
21; Section
20.80.475
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Public eating establishments P P - C C
Note 5; Sections
20.50.110,20.50.11
3 Outdoor dining, incidental to a
public eating establishment P S/P - C C
Note 5 and Note
21; Sections
20.50.110,20.50.11
3 Taproom or tasting room in
conjunction with a winery,
brewery, or distillery
A A A A A Part 5.75, Chapter
20.80 Winery, brewery, and distillery P P P P P Note 2 and Note 14 General Retail
Alcohol, off-sale - beer and/or
wine only C C - - - Note 5; Section
20.50.110
Alcohol, off-sale - full range of
alcoholic beverages C C - - - Note 5; Section
20.50.110
Alcohol, off-sale - as incidental
to a winery, brewery, or
distillery
A A A A A Note 12; Part 5.75,
Chapter 20.80
Food, beverages, and
groceries P P - - -
Note 5 and Note
14; Section
20.50.110
Nursery, plant P - P C C
Outdoor vending A A - A A Part 10, Chapter
20.80 Outdoor vending - fresh fruits
and vegetables P P P P P Part 10, Chapter
20.80 Warehouse retail - C C C C Note 2; Section
20.50.130
Retail sales, goods, and
merchandise P P - - -
Note 5 and Note
14; Section
20.50.110
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Retail art studio P P - - - Note 14
Retail bakery P P - - -
Note 5 and Note
14; Section
20.50.110
Sales, industrial equipment
and machinery P P P P - Note 2
Seasonal sales P P P P P Part 14, Chapter
20.80 General Services
Crematory - - - - C Note 7
Dry cleaner P P - - - Note 14
Hotel or motel P P C - - Note 13
Laundromat P P - - - Note 14
Mortuary, without funeral
services - - - P P
Personal services P - - - - Note 5; Section
20.50.110
Printing and publishing P P P P P
Social service agency S - - - -
Health and Veterinary Services
Animal boarding P/S - - - - Note 22
Animal grooming P - - - -
Cannabis cultivation business R GP - - R GP R GP Part 9.76, Chapter
20.80 Cannabis delivery only
business R GP - R GP R GP - Part 9.76, Chapter
20.80 Cannabis distribution business R GP - R GP R GP - Part 9.76, Chapter
20.80 Cannabis manufacturing (Type
6) business R GP - R GP R GP R GP Part 9.76, Chapter
20.80 NVF:TLC:JMD
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Cannabis processing business R GP - - R GP R GP Part 9.76, Chapter
20.80 Cannabis testing business - - R GP - - Part 9.76, Chapter
20.80 Emergency ambulance service C - - - -
Hospital/in-patient facility C C C - - - Note 6
Medical cannabis collective R GP - R GP R GP R GP Part 9.765, Chapter
20.80 Medical cannabis collective
cultivation site only R GP -- R GP R GP R GP Part 9.756, Chapter
20.80 Medical/Non-medical cannabis
dispensary R GP R GP - - - Part 9.75, Chapter
20.80 Cannabis retail storefront R GP R GP - - - Part 9.75, Chapter
20.80 Medical cannabis collective
dispensary site only R GP - R GP R GP R GP Part 9.75, Chapter
20.80 Medical cannabis business R GP - R GP R GP R GP Part 9.75, Chapter
20.80 Non-medical cannabis
business R GP - R GP R GP R GP Part 9.75, Chapter
20.80 Office, medical P P C - - Note 14, Note 5,
Section 20.50.110
Veterinary clinic P - - - -
Historic Reuse
Historic landmark structure
reuse S S S S S Part 8.5, Chapter
20.80 Offices and Financial Services
Automatic teller machine P P P P P Section 20.80.200 Business support use P P P - -
Financial institution P P - - - Note 5; Section
20.50.110
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Office, general business P P P - -
Office, research and
development P P P - -
Public, Quasi-Public and Assembly Uses
Church/religious assembly C - - - -
Recycling Uses
Processing facility - - C S S
Transfer facility, recycling - - C S S
Collection facility, large - - - - P
Reverse vending machine A A A A A
Collection facility, small A A A A A
Residential
Emergency residential shelter,
more than 50 beds C - - - - Section 20.80.500
Emergency residential shelter,
50 beds or fewer P - - - - Section 20.80.500
Hotel supportive housing C C C C C Note 17; Part 22 of Chapter 20.80
Living quarters, custodian,
caretakers - - - - C Note 1
Transportation and Utilities
Commercial vehicle storage S - - S S
Common carrier depot S S S S S
Community television antenna
systems C C C C C
Data center S S S S S Note 2
Off-site, alternating and
alternative use parking
arrangements
S S S S S Section 20.90.200
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Off-street parking
establishment C - C C C
Television, radio studio C C C C C
Utility facilities, excluding
corporation yards, storage or
repair yards and warehouses
C C C C C
Wireless communications
antenna C C C C C
Note 18; Sections
20.100.1300,
20.80.1915
Wireless communications
antenna, slimline monopole S S S S S
Note 18; Sections
20.80.1900,
20.80.1915
Wireless communications
antenna, building mounted P P P P P
Note 18; Sections
20.80.1910,
20.80.1915
Utilities, Power Generation
Base load power plant - - - - C
Co-generation facility S S S S S
Private electrical power
generation facility C C C C C
Solar photovoltaic power
system P P P P P Section 20.100.610
C.7.
Stand-by/backup facilities that
do not exceed noise and air
standards
P P P P P
Stand-by/backup facilities that
do exceed noise and air
standards
C C C C C
Stationary peaking power
plant - - - C C
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Temporary stand-by or backup
electrical power generation
facility
P P P P P
Transportable peaking power
plant - - - C C
Vehicle Related Uses
Auto dealer, wholesale, no on-
site storage P P P - -
Car wash, detailing C C - - -
Fuel service station or charge
station, no incidental service
or repair
P - C - - Note 8
Fuel service station or charge
station with incidental service
and repair
P - - - - Note 3
Repair and cleaning of
vehicles C - - P P Note 4
Sale, brokerage, or lease
(rental) of passenger vehicles,
pick-up trucks not exceeding
25 feet in length, and
motorcycles
S - - - - Note 10
Sale or lease of commercial
trucks, buses, trailers,
campers, boats, mobilehomes,
construction equipment
C - - C -
Sale, vehicle parts P - - P/S - Note 9
Vehicle tow yard - - - C S Note 19
Vehicle wrecking, including
sales of parts - - - - C
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Warehouse retail indoor sale
of passenger vehicles, pick-up
trucks not exceeding 25 feet in
length, and motorcycles
C C C C C Note 2; Section
20.50.140
Notes:
1. Site must be seven (7) acres or more.
2. In TEC, only allowed in existing buildings with a valid certificate of occupancy as of (the effective date of this ordinance). Not allowed more than 5% expansion of the existing building floor area ratio for the portion of the building occupied by the use subject to this note.
3. Incidental repair includes air conditioning service, carburetor and fuel injection service, electrical service, radiator service, and tune-up, lube, oil change, and smog check, as well as tires, batteries, and accessories installation. Does not allow body repair or painting.
4. All vehicle-related repair, service, and accessory or other installation, excepting the cleaning of vehicles, shall be conducted within a fully enclosed Building.
5. Retail; recreation, commercial/indoor establishments; Health club, gymnasium; Public Eating Establishments; outdoor dining, incidental to a public eating establishment; financial institutions; medical clinics; medical offices; and Personal Service establishments are Permitted in the IP district subject to the limitations of Commercial Support Use, Section 20.50.110. Public Eating Establishments in the LI or HI districts are limited to a maximum of six hundred fifty (650) gross square feet in size.
6. Refer to the General Plan for criteria to determine if the use is permissible at the proposed location.
7. Crematories shall be separated by at least five hundred (500) linear feet from residential uses, schools, and day care centers, which distance(s) shall be measured from the nearest points of the Parcel boundary on which the crematory is proposed and the Parcel boundary on which the residential, school or day care center use is located.
8. Charge Stations that are incidental to a separate primary use, that do not impact on- site or off-site vehicular circulation, and that serve patrons of the primary use on-site are Permitted in all Industrial Zoning Districts.
9. Vehicle parts sales are permitted in the LI district when the total floor area dedicated to retail display and open to the public occupies no more than fifteen (15) percent of the gross floor area of the individual tenant space. Vehicle parts sales establishments that exceed fifteen (15) percent of the gross floor area of the individual tenant space are subject to a Special Use Permit.
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
10. Any incidental vehicle-related repair, service, and accessory or other installation, excepting the cleaning of vehicles, shall be conducted within a fully enclosed Building.
11. Public schools are subject to the regulations of this Title, subject to the provisions of California Government Code Section 53094 for classroom facilities.
12. Off-sale of alcoholic beverages. The total square footage of alcoholic beverages on display in a retail area and the total square footage of retail floor area in which alcoholic beverages are displayed for sale shall be the lesser of the following:
a. Two hundred fifty (250) gross square feet; or
b. Five (5%) percent of the winery's, brewery's, or distillery's entire gross floor area; and any and all alcoholic beverages made available for retail sale shall be limited only to those alcoholic beverages manufactured and produced on-site.
13. At least two hundred (200) rooms and four (4) or more stories in height are required for Hotels located in the TEC Transit Employment Center Zoning District.
14. The use is allowed in the TEC district only on the first or second floor of a building containing another permitted, special, or conditional use of the TEC Zoning District that is not subject to this note. Not allowed as a standalone use.
15. Primary uses include sporting events, large assembly, concerts, and entertainment events of similar character and intensity. Incidental support uses include offices, locker rooms, retail, Public Eating Establishments, Drinking Establishments, Outdoor Vending Facilities, and other commercial uses of similar character and intensity.
16. Use permit applications for stadiums that consist of more than two thousand (2,000) seats and that are in an airport influence area shall be referred to the Santa Clara Airport Land Use Commission prior to approval by the City.
17. Hotel Supportive Housing may be Permitted only with a Conditional Use Permit pursuant to Part 22 of Chapter 20.80 and only until December 31, 2026.
18. Certain modifications of existing Wireless Facilities may be Permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.
19. Vehicle auctions are permitted as part of a Vehicle tow yard.
20. Day care centers are allowed in the IP and TEC Zoning Districts as incidental uses to the primary TEC or IP development, not as a standalone use.
21. Special use permit required if within 150 feet of residentially used or zoned lot; Permitted if not within 150 feet of residentially used or zoned lot.
22. Outdoor Animal Boarding is allowed through a Special use permit in the CIC Zoning District.
23. Permitted in the CIC district for classroom use only, outside vehicle storage requires a Special use permit.
24. Only schools which offer driving instruction for commercial vehicles are permitted in this zoning district.
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
SECTION 3. Section 20.55.203 Table 20-138 of Chapter 20.55 of Title 20 of the San José Municipal Code is amended to read as follows:
20.55.203 Urban Village and Mixed Use Zoning District Use Regulations
Table 20-138
Urban Village and Mixed Use Zoning Districts Use Regulations Use Zoning District Notes & Sections UVC UV MUC MUN UR TR Residential
One-family dwelling - - - P P P Note 6; Note 25
Two-family dwelling - - - P P P Note 6; Note 25
Accessory dwelling unit - P P P P P Part 4.5, Chapter
20.30 Mixed use development - P P P P P Note 20; Note 25 Chapter 20.195
Multiple dwelling - P P P P P Note 20; Note 25
Chapter 20.195
Co-living community - S C C S S Part 3.73,
Chapter 20.80
Guesthouse - S - S S S
Emergency residential
shelter - S S S S S Section
20.80.500
Home Occupation - P P P P P Part 9, Chapter
20.80 NVF:TLC:JMD
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Hotel supportive
housing C - C - - -
Note 17;
Part 22, Chapter
20.80 Live/work uses - S S S S S Section
20.80.740
Low barrier navigation
center - P P P P P Chapter 20.195
Permanent supportive
housing - P P P P P
Note 20;
Chapter 20.195
Residential accessory
structures or buildings - P P P P P Part 5, Chapter
20.30 Residential care facility
for six or fewer persons - P P P P P
Residential care facility
for seven or more
persons
- C C C C C
Residential service
facility for six or fewer
persons
- P P P P P
Residential service
facility for seven or
more persons
- C C C C C
Single room occupancy,
living unit - - C - - -
Note 25;
Part 15, Chapter
20.80 NVF:TLC:JMD
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
General Retail
Alcohol, off-sale - beer
and/or wine only C C C C C C Section
20.80.900
Alcohol, off-sale - full
range of alcoholic
beverages
C C C C C C Section
20.80.900
Alcohol, off-sale - as
incidental to a winery,
brewery, or distillery
A A A A A A
Note 1;
Part 5.75,
Chapter 20.80
Food, beverages, and
groceries P P P P P P
Nursery, plant P P P P P P Note 2
Outdoor vending A A A A A A Part 10, Chapter
20.80 Outdoor vending, fresh
fruits and vegetables P P P P P P Part 10, Chapter
20.80 Pawnshop/broker C - C - - - See Title 6
Retail art studio P P P P P P Section
20.80.1175
Retail bakery P P P P P P
Retail sales, goods, and
merchandise P P P P P P
Seasonal sales P P P P P P Part 14, Chapter
20.80 NVF:TLC:JMD
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Agriculture & Open Space
Aquaculture,
aquaponics, and
hydroponics
S S S S S S
Certified farmers'
market S S S S S S Part 3.5, Chapter
20.80 Certified farmers'
market, small P P P P P P Part 3.5, Chapter
20.80 Community gardens P P P P P P
Neighborhood
agriculture P P P P P P Note 16;
Title 7
Education and Training
Child day care center
located on an existing
School Site or as an
incident to a permitted
on-site church/religious
assembly use involving
no building additions or
changes to the site
P P P P P P Note 5
Day care center S S S S S S Note 5
Instructional art studios P P P P P P
Private instruction,
personal enrichment P P P P P P
School, elementary and
secondary (public or
private)
C C C C C C Note 13
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
School, driving (class C
& M license) P P P P P P Note 3
School, post secondary P P P P P P
School, trade and
vocational P/S P/S P/S P/S P/S P/S Note 4 and Note
13 Entertainment and Recreation
Arcade, amusement
game P P P P P P
Health club, gymnasium P P P P P P
Performing arts
rehearsal space P P P P P P
Poolroom/billiards
establishment P P P P P P
Private club or lodge S S S S S S
Recreation, commercial
indoor P P P P P P
Recreation, commercial
outdoor - S - - - -
Stadium, 2,000 seats or
fewer C C - - - -
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Stadium, more than
2,000 seats CC CC - - - - Note 14 and
Note 15
Theater, indoor S S S - S S
Theater, outdoor S S S - S S
Food Services
Banquet facility S S S S S S
Caterer P P P P P P
Commercial kitchen P P P - S S
Drinking establishments S S S - S S
Drinking establishments
interior to a full-service
hotel or motel that
includes 75 or more
guest rooms
P P P P P P Section
20.80.475
Public eating
establishments P P P P P P
Public eating
establishment or retail
establishment with
incidental outdoor
dining
P P P P P P Section
20.40.520
Public eating
establishment in
conjunction with a
winery, brewery, or
distillery
P P P P P P Part 5.75,
Chapter 20.80
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33 T-3014/1896784
Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Taproom or tasting
room in conjunction
with a winery, brewery,
or distillery
A A A A A A Part 5.75,
Chapter 20.80
Taproom or tasting
room with off-sale of
alcohol
A A A A A A Part 5.75,
Chapter 20.80
General Services
Bail Bonds
Establishment S S S - S S
Note 11;
Part 1.5, Chapter
20.80 Bed and breakfast inn P P P P P P Part 2, Chapter
20.80 Dry cleaner P P P P P P
Hotel or motel P P P P P P
Single room occupancy
(SRO) hotel C C C C C C Part 15, Chapter
20.80 Laundromat P P P P P P
Maintenance and
repair, small household
appliances
P P P P P P
Messenger services P P P P P P
Mortuary and funeral
services P P P P P P
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Personal services P P P P P P Section
20.200.880
Printing and publishing P P P P P P
Social service agency S S S S S S
Health and Veterinary Services
Animal boarding, indoor P P P P P P Note 7
Animal grooming P P P P P P Note 7
Emergency ambulance
service C C C - C C
Hospital/in-patient
facility C C C - C C
Office, medical P P P P P P
Medical cannabis
collective dispensary
site only
R R R - R R Part 9.75,
Chapter 20.80
Medical/Non-medical
cannabis dispensary R R R - R R Part 9.75,
Chapter 20.80
Cannabis retail
storefront R R R - R R Part 9.75,
Chapter 20.80
Veterinary clinic P P P P P P
Historic Reuse
Historic landmark
structure reuse S S S S S S Part 8.5, Chapter
20.80 NVF:TLC:JMD
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Industry and Manufacturing
Laboratory, processing P P P - - -
Manufacturing and
assembly, light P P P - - - Note 22
Office, research and
development P P P - S S Note 21
Offices and Financial Services
Automatic teller
machine P P P P P P Section
20.80.200
Business support P P P P P P
Office, general
business P P P P P P
Retail bank / Financial
services P P P P P P
Public, Quasi-Public and Assembly Uses
Cemetery C C C C C C
Church/religious
assembly S S S S S S
Museums, libraries,
parks, playgrounds, or
community centers
(publicly operated)
P P P P P P
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Museums, libraries,
parks, playgrounds, or
community centers
(privately operated)
S S S S S S
Recycling Uses
Reverse vending
machine A A A A A A Part 13, Chapter
20.80 Small collection facility A A A A A A Part 13, Chapter
20.80 Transportation and Utilities
Community television
antenna systems C C C C C C
Off-site, alternating use
and alternative parking
arrangements
S S S - S S Section
20.90.200
Parking establishment,
off-street S - S - - - Note 23
Television, radio
studios without
antenna/dishes
C C C - - -
Utility facilities,
excluding corporation
yards, storage or repair
yards and warehouses
C C - - - -
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Utility facilities including
corporation yards,
storage or repair yards
and warehouses
- - - - - -
Wireless
communication antenna C C C C C C
Note 18;
Sections
20.100.1300,
20.80.1915
Wireless
communication
antenna, slimline
monopole
S S S S S S
Note 19;
Sections
20.80.1900,
20.80.1915
Wireless
communication
antenna, building
mounted
P P P P P P
Note 19;
Sections
20.80.1910,
20.80.1915
Utilities, Electrical Power Generation
Co-generation facility S S S S S S
Fuel cells P P P P P P
Private electrical power
generation facility C C C C C C
Solar photovoltaic
system P P P P P P Section
20.100.610 C.7.
Stand-by/backup
facilities that do not
exceed noise or air
standards
A A A A A A
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Council Agenda: 02-15-2022
Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Stand-by/backup
facilities that do exceed
noise or air standards
C C C - - -
Temporary stand-
by/backup P P P P P P
Vehicle Related Uses
Sale or leasing of
vehicles, showroom
only
P P P - - - Note 24
Sale, vehicle parts S S S - S S Note 9
For all other vehicle related uses refer to the General Use Regulations as described in section 20.55.201 (K)
Notes:
1. Alcohol, off-sales are limited to products manufactured on-site for wineries, breweries, or distilleries.
2. Landscaping materials, such as rock, mulch, and sand are limited to prepackaged sales.
3. Classroom use only, no driving courses or on-site storage of vehicles permitted in UVC, UV, MUC, MUN, UR or TR Zoning Districts.
4. Indoor uses related to trade or vocational schools are Permitted, any outdoor uses will require a Special Use Permit.
5. If the Daycare use exceeds the noise standards, as set forth in Chapter 20.40 in Section 20.40.600, it will require a Special Use Permit.
6. One-family dwellings or two-family dwellings are allowed as part of a larger development which meets the minimum density requirement in the UR and TR zoning districts.
7. Except as an incidental use to neighborhood agriculture, all uses involving any type of care for animals, including but not limited to grooming, boarding, medical care, must be conducted wholly inside a building.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
8. Incidental repair includes non-invasive engine service, maintenance, and repair, including but not limited to, air conditioning service, fuel system service, electrical service, coolant system service, tune-up, fluid exchanges, steering and suspension system service, brake system service, transmission adjustment and service, lube, oil change, smog check, diagnostics and vehicle inspections, stock catalytic converters and manifolds, as well as tires, batteries and accessories installation. Does not allow body repair, welding, vehicle restorations, other types of exhaust system repair, the removal of cylinder heads, engines, transmissions/transfer cases and differentials, or painting.
9. No outdoor sales areas or dismantling allowed.
10. All vehicle-related repair, service, and accessory or other installation shall be conducted within a fully enclosed building.
11. Bail bond establishments shall not be located and are prohibited uses on the ground floors of structures located within the main jail area, as that area is defined in Section
20.80.070 of Chapter 20.80 of this title. Bail bond establishments are allowed as shown on Table 20-138 on other, above-ground floors of structures. All bail bond establishments shall meet all distance requirements specified in Section 20.80.075 of Chapter 20.80 of this title.
12. Charging stations that are incidental to a separate primary use that do not impact on- site or off-site vehicular circulation, and that serve patrons of the primary use on-site are permitted in all commercial zoning districts.
13. Public schools are subject to the regulations of this title, subject to the provisions of California Government Code Section 53094 for classroom facilities.
14. Primary uses include sporting events, assembly venues, concerts, and entertainment events of similar character and intensity. Incidental support uses include offices, locker rooms, retail, public eating establishments, drinking establishments, outdoor vending facilities, and other commercial uses of similar character and intensity.
15. Use permit applications for stadiums that consist of more than 2,000 seats and that are in airport influence areas shall be referred to the Santa Clara Airport Land Use Commission prior to approval by the city.
16. Neighborhood agriculture in conformance with this title is a permitted use that may operate on a site without a permanent building on that site.
17. Hotel supportive housing may be permitted only with a conditional use permit pursuant to Part 22 of Chapter 20.80 and only until December 31, 2026.
18. Certain modifications of existing wireless facilities may be permitted with an administrative permit in accordance with Section 20.80.1915 of Chapter 20.80.
19. Conditional use permit required outside of Urban Villages; Special use permit in Urban Villages.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
20. Permanent supportive housing is a permitted use as mixed use or residential-only development. For information regarding the ministerial approval process, refer to Chapter 20.195 for more information.
21. Research and Development is allowed through a Special Use Permit in TR and UR if the use on site does not involve activity that would create noxious sounds, smells, or vibrations.
22. For the purposes of Chapter 20.55, Food and Beverage manufacturing is considered to be permitted under the Manufacturing and Assembly, light use, if it meets all of the following criteria:
a. The use must include a retail space which is accessible from and adjacent to the street and open to the public during regular business hours. b. Odors produced on-site shall not have a material negative effect on other businesses or properties in the area.
23. Surface parking which does not serve a use contained on the same site or under the same development permit is not permitted. Standalone parking structures are allowed under the following conditions:
a. Parking structures shall comply with the Citywide Design Standards and Guidelines.
b. In addition, the parking facility must meet one of the following criteria:
i. The parking facility shall be designed as a structured aboveground parking facility with ground floor commercial spaces, which are located along public rights-of-way or public open spaces, and which comply with Citywide Design Standards and Guidelines for ground floor commercial spaces. ii. The parking facility shall be designed as an underground parking facility with a POPOS at grade level, which is open to the public 24 hours a day, and which complies with the Citywide Design Standards and Guidelines.
24. In UVC and MUC, sale and leasing of vehicles is permitted in the form of an interior showroom only with no on-site storage of vehicles other than display models in the showroom.
25. May be used as Transitional Housing.
SECTION 4. Section 20.70.100 Table 20-140 of Chapter 20.70 of Title 20 of the San José Municipal Code is amended to read as follows:
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
20.70.100 Allowed Uses and Permit Requirements
A. "Permitted" land uses are indicated by a "P" on Table 20-140.
B. "Permitted" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the general plan, as amended, with a land use designation that allows some residential use, are indicated by a "PGP " on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only in compliance with the general plan land use restrictions related to residential use.
C. "Conditional" uses requiring planning commission approval as the initial decision- making body are indicated by a "C" on Table 20-140. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a conditional use permit approved by the planning commission, or city council on appeal, as set forth in Chapter 20.100.
D. "Conditional" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the general plan, as amended, with a land use designation that allows some residential use, are indicated by a "CGP " on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in compliance with a conditional use permit as set forth in Chapter 20.100; and in compliance with the general plan land use restrictions related to residential use.
E. "Special" uses are indicated by a "S" on Table 20-140. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a special use permit as set forth in Chapter 20.100.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
F. "Special" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the general plan, as amended, with a land use designation that allows some residential use, are indicated by an "SGP " on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in compliance with a special use permit as set forth in Chapter 20.100; and in compliance with the general plan land use restrictions related to residential use.
G. "Administrative" uses are indicated by an "A" on Table 20-140. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with an administrative use permit as set forth in Chapter 20.100.
H. "Restricted" land uses are indicated by an "R" on Table 20-140. These uses may occur in such designated districts, as an independent use, but only upon issuance of and in full compliance with a valid and effective zoning code verification certificate as set forth in Chapter 20.100.
I. Land uses not permitted are indicated by a "-" on Table 20-140. Land uses not listed on Table 20-140 are not permitted.
J. The column of Table 20-140, under the heading "Additional Use Regulations for the Ground Floor Active Use Area Overlay", identifies further regulations on the uses of ground-floor building space within a portion of the DC zoning district. The portion of the DC downtown primary commercial district included in the Active Use Area Overlay is described in Section 20.70.520.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
K. The "Parking" column of Table 20-140 establishes the required parking. The amount of parking may not be increased or decreased unless modified by the director as set forth in Sections 20.70.320 and 20.70.330 of this chapter.
L. When the right column of Table 20-140 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote apply to the use. In addition, all uses are subject to any other applicable provision of this Title 20 and any other title of the San José Municipal Code.
Table 20-140
Downtown Zoning Districts Use Regulations
Use Zoning District Applicable Notes & Regulations
DC DC-
NT1
Additional Use
Regulations
for the AUA
Overlay
Parking Applicable
to All
Downtown
Districts
Offices and Financial Services
Automatic teller
machine
P P P No parking Note a;
Section
20.80.200
Business support use P P P No parking
Financial services P P P 2.5 per
1,000 sq.
ft.
Note b
Retail bank P P P No parking Note b
Offices, business and
administrative
P P S 2.5 per
1,000 sq.
ft.
Section
20.70.110
Payday lending
establishment
R R - No parking Part 12.5,
Chapter
20.80;
Section
20.200.875
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Research and
development
P P - 2.5 per
1,000 sq.
ft.
General Retail
Alcohol, off-sale—
beer and/or wine only
C C C No parking Section
20.80.900
Alcohol, off-sale—full
range of alcoholic
beverages
C C C No parking Section
20.80.900
Alcohol, off-sale—as
incidental to a winery,
brewery, or distillery
A A A No parking Note 11;
Part 5.75,
Chapter
20.80 Food, beverages, and
groceries
P P P No parking
Outdoor vending A A A No parking Note b;
Part 10,
Chapter
20.80 Outdoor vending—
fresh fruits and
vegetables
P P P No parking Note b;
Part 10,
Chapter
20.80 Pawn shop or pawn
broker, incidental to a
retail jewelry store
C C C No parking Note b;
Chapter
6.52 Retail bakery P P P No parking
Retail art studio P P P No parking
Retail sales, goods,
and merchandise
P P P No parking Note c
Seasonal sales P P P No parking Part 14,
Chapter
20.80 Agriculture
Certified farmers'
market
S S S No parking Part 3.5,
Chapter
20.80 NVF:TLC:JMD
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Certified farmers'
market, small
P P P No parking Part 3.5,
Chapter
20.80 Neighborhood
agriculture
P P P
Education and Training
Day care center P P P No parking Note b
Instructional art
studios
P P P No parking
Private instruction,
personal enrichment
P P P 1 per 360
sq. ft.
Note b
School, elementary—
grades K-8 (public or
private -)
C C C 1 per
teacher
and
employee
Note b
School, secondary—
grades 9-12 (-public
or private)
C C C .75 per
teacher
and
employee
and 1 per
each 10
students
Note b
School, post-
secondary
P P - 1 per 360
sq. ft.
School, trade and
vocational
P P P 1 per 360
sq. ft.
Note b
Entertainment and Recreation Related
Arcade, amusement
game
P - P No parking Note b
Health club,
gymnasium
P P P No parking
Lighting display A/S A/S A/S No parking Section
20.70.150
Theater, indoor P P P No parking
Poolroom/billiards
establishment
P - P No parking
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Private club or lodge P P - 1 per 360
sq. ft.
Recreation
commercial/indoor
P P P No parking
Food Services
Banquet—facility P P P No parking
Caterer P P P No parking Note b
Drinking
establishments
S C S No parking
Drinking
establishments with
an approved
maximum occupancy
load of over 250
persons and that
operate between
12:00 midnight and
6:00 a.m.
CC - CC No parking Note 5
Drinking
establishments
interior to a full-
service hotel or motel
with 75 or more guest
rooms
P P - No parking Section
20.80.475
Public eating
establishments
P P P No parking Note 7
Public eating
establishment in
conjunction with a
winery, brewery, or
distillery
P P P No parking
Taproom or tasting
room in conjunction
with a winery,
brewery, or distillery
A S A No parking Part 5.75,
Chapter
20.80 NVF:TLC:JMD
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Taproom or tasting
room with off-sale of
alcohol
A A A No parking Part 5.75,
Chapter
20.80 General Services
Bed and breakfast inn P P P .35 per
room
Note b;
Part 2,
Chapter
20.80 Hotel or motel P P P .35 per
room
Laundromat P P P No parking Note b
Maintenance and
repair of small
household appliances
P P P No parking Note b
Personal services P P P No parking Note d
Printing and
publishing
P P P No parking Note b and
Note f
Health and Veterinary Services
Animal grooming P P P No parking Note b
Animal boarding,
indoor
P P P No parking Note b
Emergency
ambulance service
C - - No parking
Hospital/in-patient
facility
C - - 1.5 per
doctor
Medical/Non-medical
cannabis dispensary
R R R No Parking Part 9.75
Chapter
20.80 Cannabis retail
storefront
R R R No Parking Part 9.75
Chapter
20.80 Medical cannabis
collective
R - - No parking Part 9.75,
Chapter
20.80 Medical cannabis
collective dispensary
site only
R - - No parking Part 9.75,
Chapter
20.80 NVF:TLC:JMD
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Medical cannabis
business
R - - No parking Part 9.75,
Chapter
20.80 Non-medical
cannabis business
R - - No parking Part 9.75,
Chapter
20.80 Office, medical P P P No parking Note b
Veterinarian P P P 1.5 per
doctor
Note b
Historic Reuse
Historic landmark
structure reuse
S S S Section
20.90.220
E.
Part 8.5,
Chapter
20.80 Public, Quasi-Public and Assembly Uses
Auditorium C - C No parking
Church/religious
assembly
P P - No parking
Information center P P P No parking
Museums and
libraries
P - P No parking
Parks, playgrounds,
or community centers
P P S No parking
Recycling Uses
Reverse vending
machine
S S - No parking Part 13,
Chapter
20.80 Small collection
facility
S S - No parking Part 13,
Chapter
20.80 ResidentialGP
Residential shelter CGP - - 1 per 4
beds, 2.5
per 1,000
sq. ft.
Note e
Live/work uses P GP S GP 1.5 per
unit
Note e;
Section
20.70.120
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Low barrier navigation
center
PGP P GP - No parking Chapter
20.195
Permanent supportive
housing
PGP P GP - No parking Chapter
20.195
Residential, multiple
dwelling
PGP P GP - 1 per unit Note 12
and Note e
Co-living community S S - .25 per
bedroom
Note 10
and Note e;
Part 3.75,
Chapter
20.80 Residential care
facility for seven or
more persons
CGP C GP - .75 per
employee
Note e
Residential services
facility, for seven or
more persons
CGP C GP - .75 per
employee
Note e
Hotel supportive
housing
CGP C GP - .35 per
room
Note 9 and
Note e;
Part 22 of
Chapter
20.80 Single room
occupancy (SRO)
living unit facility
SGP S GP - .6 per unit Note 12
and Note e;
Part 15,
Chapter
20.80 Single room
occupancy (SRO)
residential hotel
S S - .6 per unit Note 12
and Note e;
Part 15,
Chapter
20.80 Residential Accessory UsesGP
Accessory buildings
and accessory
structures
PGP P GP - No parking Note 1
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Transportation and Communication
Community television
antenna systems
C - - No parking
Off-site and
alternating use
parking arrangements
P P P N/A Section
20.90.200
Off-street parking
establishment
P P - N/A
Short term parking lot
for uses or events
other than on-site
S S - N/A
Radio and television
studios
P - - No parking
Wireless
communications
antenna
S - - No parking Note 8;
Sections
20.80.1900,
20.80.1915
Wireless
communications
antenna, building
mounted
P - - No parking Note 8;
Sections
20.80.1900,
20.80.1915
Utilities, Power Generation
Private electrical
power generation
facility
C C - 1 for each
vehicle
used in the
operation
of such
facility
Solar photovoltaic
power system
P P - No parking Section
20.100.610
C.7.
Stand-by/backup
facilities that do not
exceed noise or air
standards
A A - N/A
Temporary stand-
by/backup generators
P P - N/A
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Vehicle Related Uses
Car wash, detailing P - - No parking
Fuel service station or
charge station, no
incidental service or
repair
P - - No parking Note 6
Fuel service station or
charge station, with
incidental service and
repair
P - - No parking Note 2
Sale and lease,
vehicles and
equipment (less than
one ton)
P - - 1.5 per
employee
Note 3
Tires, batteries,
accessories, lube, oil
change, smog check
station, air
conditioning
P - - 2 per bay
or .75 per
employee
Note 4
Sale, vehicle parts,
new
P - - No parking
required
Notes applicable to the Downtown Primary Commercial (DC) Zoning District, including the Active Use Area Overlay:
1. No Lot may be used solely for an Accessory Structure or Accessory Building.
2. Incidental repair includes air conditioning service, carburetor and fuel injection service, electrical service, radiator service, and tune-up, lube, oil change, and smog check, as well as tires, batteries, and accessories installation. Does not allow body repair or painting.
3. All activity must be conducted indoors.
4. Non-engine and exhaust-related service and repair allowed as incidental use.
5. Maximum occupancy load shall be that maximum occupancy load determined by the City fire marshal.
6. Pedestal Charge Stations that are incidental to a separate primary use, that do not impact on-site or off-site vehicular circulation, and that serve patrons of the primary use on-site are permitted in all Downtown Zoning Districts.
7. Includes on-site outdoor dining area(s).
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
8. Certain modifications of existing Wireless Facilities may be Permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.
9. Hotel Supportive Housing may be Permitted only with a Conditional Use Permit pursuant to Part 22 of Chapter 20.80 and only until December 31, 2026.
10. A Co-Living Community with 600 or more units located adjacent, across or within 500 feet of a property line with Residential Neighborhood (RN) designation on the land use/transportation diagram of the General Plan, as amended, shall require 0.6 parking spaces per bedroom.
11. Off-sale limited to items produced on-site otherwise a Conditional Use Permit is required.
12. Transitional Housing may be allowed as any residential housing type using the permit process for such housing type.
Notes applicable to the Active Use Area Overlay only:
a. Automatic Teller Machines must be a secondary use and must be architecturally integrated into the building on which they are placed. Automatic Teller Machines may not be standalone structures. Use may not be an ATM vestibule lobby. b. Not permitted in corner tenant spaces. Corner tenant spaces are defined as storefronts that extend up to or beyond 30 feet along the street in either direction from the intersection.
c. Second-hand stores not dealing primarily in antiques, artworks, or vintage clothing require a Special Use Permit.
d. Excludes check-cashing services and bail bond services. e. A residential pedestrian entry portal not exceeding 25 feet in length is permitted in the Ground Floor Active Use Area.
f. Only if dedicated primarily to on-site retail customer copy services, otherwise not Permitted.
SECTION 5. Section 20.75.200 Table 20-156 of Chapter 20.75 of Title 20 of the San José Municipal Code is amended to read as follows:
20.75.200 Allowed Uses and Permit Requirements
A. "Permitted" land uses are indicated by a "P" on Table 20-156.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
B. "Conditional" uses are indicated by a "C" on Table 20-156. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a conditional use permit as set forth in Chapter
20.100.
C. "Special" uses are indicated by a "S" on Table 20-156. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a special use permit as set forth in Chapter 20.100.
D. "Administrative" uses are indicated by an "A" on Table 20-156. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with an administrative use permit as set forth in Chapter 20.100.
E. Land uses not permitted are indicated by a "-" on Table 20-156. Land uses not listed on Table 20-156 are not permitted.
F. When the right column of Table 20-156 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote applies to the use. In addition, all uses are subject to any other applicable provision of this Title 20 and any other title of the San José Municipal Code.
G. "Restricted" land uses are indicated by an "R" on Table 20-156. These uses may occur in such designated districts, as an independent use, but only upon issuance of and in full compliance with a valid and effective zoning code verification certificate as set forth in Chapter 20.100.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Table 20-156
Pedestrian Oriented Districts
Land Use Regulations
Use
Main Street Zoning Districts
Applicable
Sections
& Notes
MS-G
MS-C Ground Floor
Commercial
Frontage
Residential
Street
Frontage
All
Other
General Retail
Retail sales, goods
and merchandise
P - P P
Off-sale Alcoholic
Beverages—beer
and/or wine only
C - C C Section
20.80.900
Off-sale Alcoholic
Beverages—full
range of Alcoholic
Beverages
C - C C Section
20.80.900
Bakery, retail P - P P
Certified Farmers'
Market
S - S S Part 3.5,
Chapter
20.80 Certified Farmers'
Market—small
P - P P Part 3.5,
Chapter
20.80 Food, beverage,
groceries
P - P P
Neighborhood
Agriculture
- P - - Part 9,
Chapter
20.80 Nursery, Plant - - P P Note 1
Outdoor Vending A - A A Part 10,
Chapter
20.80 Outdoor Vending—
fresh fruits and
vegetables
P - P P Part 10,
Chapter
20.80 Pawn shop/broker C - C C See Title 6
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Seasonal sales P - P P Part 14,
Chapter
20.80 Art Studio, Retail P - P P Part 13.7,
Chapter
20.80 Education and Training
Child Day Care
Center located on an
existing School Site
or as an incident to
an on-site
church/religious
assembly use
involving no Building
additions or changes
to the site
- - P P
Day care center S - S S
Art Studio,
Instructional
P - P P
Art Studio,
Instructional, with live
models
C - C C
Private Instruction,
personal enrichment
P - P P
School-elementary
and secondary
(public)
P - P P
School-elementary
and secondary
(private)
C - C C
School, driving (class
C & M license)
P - P P Note 2
School, Post-
Secondary
P - P P Note 3
School, Trade and
Vocational
C - C C
Entertainment and Recreation Related
Amusement Game
Arcade
C - C C
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Dancehall C - C C
Poolroom/Billiard-
Room
C - C C
Private club or lodge C - C C
Recreation,
Commercial/Indoor
P - P P
Recreation,
Commercial/Outdoor
- - C C
Relocated Cardroom - - - -
Theatre, indoor C - C C
Theatre, outdoor - - C C
Assembly C - C C
Food Services
Banquet—Facility C - C C
Caterer P - P P Note 4
Drinking
Establishments
C - C C
Drinking
Establishment interior
to a full-service
Hotel/Motel with 75 or
more guest rooms
P - P P Section
20.80.475
Public Eating
Establishments
P - P P
Outdoor dining,
incidental to a Public
Eating Establishment
or a retail
establishment
P - P P Section
20.75.320
Wineries, breweries C - C C
Health and veterinary services
Animal boarding,
indoor
- - P P Note 5
Animal grooming P - P P Note 5
Emergency
ambulance service
- - C C
Hospital/in-patient
facility
C - C C
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Medical/Non-medical
cannabis dispensary R - R R
Part 9.75,
Chapter
20.80 Cannabis retail
storefront R - R R
Part 9.75,
Chapter
20.80 Medical cannabis
collective dispensary
site only
R - R R
Part 9.75,
Chapter
20.80 Medical clinic/out-
patient facility
P - P P
Office, Medical P - P P
Veterinary clinic P - P P
General Services
Bed and Breakfast
Inn
- - P P Part 2,
Chapter
20.80 Dry cleaner P - P P
Hotel/Motel - - P P
Laundromat P - P P
Maintenance and
repair, Small
Household
Appliances
P - P P
Messenger services P - P P Note 2
Mortuary and Funeral
Services
P - P P
Personal Services P - P P Section
20.200.880
Photo processing and
developing
P - P P
Printing and
publishing
P - P P
Social service agency P - P P
Offices and Financial Services
Automatic teller
machine
P - P P Section
20.80.200
Business Support
Use
P - P P
Financial institution P - P P
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Office, General
Business
P - P P
Public, Quasi-Public and Assembly Uses
Cemetery - - - -
Church/religious
assembly
C - C C
Museums, libraries,
parks, playgrounds,
or community centers
(publicly
operated)
P - P P
Museums, libraries,
parks, playgrounds,
or community centers
(privately
operated)
C - C C
Residential/Mixed Use
Multiple dwellings - C C C Section
20.75.210;
Note 13
Residential accessory
uses, including,
recreation facilities,
mail rooms, laundry
facilities, storage and
other similar
facilities
- P P P Section
20.75.210
Home Occupation - P P P Part 9,
Chapter
20.80 Mixed Use/ground
floor commercial with
residential above
C - C C Section
20.75.210;
Note 13
Emergency
Residential Shelter
- - - - Section
20.80.500
Live/Work Uses C - S - Part 9.5,
Chapter
20.80 &
Section
20.75.210
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Residential Care
Facility, six or fewer
persons
- P P P Section
20.75.210
Residential Service
Facility, six or fewer
persons
- P P P Section
20.75.210
Residential Care
Facility for seven or
more persons
- C C C Section
20.75.210
Residential Service
Facility for seven or
more persons
- C C C Section
20.75.210
Single Room
Occupancy (SRO)
Residential Hotel
- - C C Note 13;
Part 15,
Chapter
20.80 Single Room
Occupancy (SRO)
Living Unit Facility
- - C C Note 13;
Part 15,
Chapter
20.80;
Section
20.75.210
Drive-Through Uses
Drive Through Uses
in conjunction with
any use
- - C C Section
20.75.330
Recycling Uses
Reverse Vending
Machine
A P A A Part 13,
Chapter
20.80 Small Collection
Facility
A - A A Part 13,
Chapter
20.80 Transportation and Utilities
Data Center - - - -
Community television
antenna systems
- - C C
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Off-site, Alternating
Use and Alternative
Parking
Arrangements
S S S S Section
20.90.200
Off-street Parking
Establishment
C - C C Section
20.75.130
B.3
Utility Structures A A A A Part 19,
Chapter
20.80 and
Section
20.75.120
A.4
Utility Facilities,
excluding corporation
yards, storage or
repair yards and
warehouses
C C C C
Television, radio
studios without
antenna/dishes
- - - -
Short term parking lot
for uses or events
other than on-site
- - C C Note 6
Wireless
Communications
Antenna
- - C C Note 12,
Sections
20.100.1300,
20.80.1915
Wireless
Communications
Antenna, Slimline
Monopole
- - S S Note 12,
Sections
20.80.1900,
20.80.1915
Wireless
Communications
Antenna, Building
Mounted
P P P P Note 12,
Sections
20.80.1910,
20.80.1915
Electrical Power Generation
Private Electrical
Power Generation
Facility
- - C C Note 2
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Co-generation Facility S - S S
Stand-by or Backup
Electrical Power
Generation Facility
Facilities that do not
exceed noise or air
standards
A S A A
Facilities that do
exceed noise or air
standards
C - C C
Temporary Stand-by
or Backup Electrical
Power Generation
Facility
P - P P
Solar Photovoltaic
Power system
P P P P Section
20.100.610
C.7
Vehicle Related Uses
Accessory
installation,
passenger vehicles
and pick-up trucks,
indoors
P - P P
Auto broker,
wholesale, no on-site
storage
P - P P
Car wash, detailing - - - -
Gasoline Service
Station or Charge
Station
- - - -
Gasoline Service
Station or Charge
Station with incidental
service and repair
- - - -
Glass sales,
installation and tinting
P - P P Note 10
Sale or lease,
commercial vehicles
- - - - Note 10
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Sale or lease
passenger vehicles,
pick-up trucks not
exceeding 25 feet in
length, and
motorcycles, indoors
S - S S Note 9, Note
10 Rental passenger
vehicles, pick-up
trucks not exceeding
25 feet in length, and
motorcycles
S - S S Note 2
Sale, vehicle parts S - S S Note 8
Tires, batteries, lube,
oil change, smog
check station, air
conditioning servicing
of passenger vehicles
and pick-up trucks
S - S S Note 7, Note
10 Historic Reuse
Historic Landmark
Structure reuse
S C S S Part 8.5
Chapter
20.80 Notes:
1. Landscaping materials, such as rock, mulch, and sand are limited to prepackaged sales.
2. No on-site storage of vehicles permitted.
3. Includes public and private colleges and universities, as well as extension programs and business schools.
4. Not a catering facility.
5. All uses involving any type of care for animals, including but not limited to grooming, boarding, or medical care must be conducted wholly inside a building.
6. Use must be less than twenty-four hours.
7. Non-engine and exhaust related service and repair allowed as incidental.
8. No outdoor sales areas or dismantling allowed.
9. Incidental repair of vehicles is prohibited.
10. All vehicle-related repair, service, and accessory or other installation shall be conducted within a fully enclosed building.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
11. Pedestal charge stations that are incidental to a separate primary use, that do not impact on-site or off-site vehicular circulation, and that serve patrons or residents of the primary use on-site are permitted in all pedestrian oriented zoning districts.
12. Certain modifications of existing wireless facilities may be permitted with an administrative permit in accordance with Section 20.80.1915 of Chapter 20.80.
13. Transitional Housing is allowed as any residential housing type and must follow the permit process for such residential housing type.
SECTION 6. Part 9.75 of Chapter 20.80 of Title 20 of the San José Municipal Code is amended to read as follows:
Part 9.75 MEDICAL CANNABIS COLLECTIVES, MEDICAL CANNABIS
COLLECTIVES CULTIVATION SITES ONLY, MEDICAL CANNABIS COLLECTIVES
DISPENSARY SITES ONLY, MEDICAL CANNABIS BUSINESSES, AND NON-
MEDICAL CANNABIS BUSINESSES
20.80.750 Purpose
The purpose of this Part is to further fulfill the purposes and intents set forth in Chapter
6.88 of Title 6 of the San José Municipal Code.
20.80.755 Definitions
For the purpose of thisUnless expressly defined in this title otherwise, the Part, words and phrasesterms used in this part shall have the meanings ascribed to them in Chapter 6.88 of Title 6 of the San José Municipal Code, except for the following:
A. Downtown shall have the same definition as Downtown Growth Area defined in the Envision San José 2040 General Plan as outlined on the Planned Growth Area Diagram.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
B. Urban Village shall have the same definition as Urban Village Boundary Area, or Urban Village Planning Area defined in the Envision San José 2040 General Plan as outlined on the Land Use/Transportation Diagram.
C. Youth Center shall have the definition given in California Health and Safety Section 11353.1.
20.80.760 Compliance Required
A. No person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business; provided, however, that a person may assert an affirmative defense to a criminal or civil enforcement action brought to enforce the provisions of this Title where the person, collective, business or activity is in full compliance with all of the applicable terms, provisions and conditions of this Code, including without limitation the provisions of this Part.
B. In addition to the requirements set forth in Section 20.80.760A. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business until such time as a Zoning Code Verification Certificate has been duly applied for and issued by the Director pursuant to the provisions of Chapter 20.100 of this Title, which Zoning Code Verification Certificate confirms full conformance of a proposed Medical Cannabis Collective, NVF:TLC:JMD
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business with all of the applicable locational siting requirements of this Title; provided a licensed Medical Cannabis Collective may expand its use to include a Medical Cannabis Business or Non-medical Cannabis Business without having to obtain a new Zoning Code Verification Certificate pursuant to this Section
20.80.760B. The application for such Zoning Code Verification Certificate shall be filed pursuant to the requirements and processes set forth in said Chapter 20.100.
C. In addition to the requirements set forth in Sections 20.80.760A. and 20.80.760B. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, a Medical Cannabis Collective Cultivation Site Only, a Medical Cannabis Collective Dispensary Site Only, a Medical Cannabis Business, or a Non-medical Cannabis Business until such time as all required state licenses have been duly applied for and issued by the State of California and are effective pursuant to the provisions of state law.
D. Notwithstanding the provisions of this Section 20.80.760, all persons who choose to be involved with cCannabis, Medical Cannabis, a Medical Cannabis Collective, a Medical Cannabis Collective Cultivation Site Only, a Medical Cannabis Collective Dispensary Site Only, a Medical Cannabis Business, or a Non-medical Cannabis Business do so entirely at their own risk that such involvement may constitute a violation of federal or state law.
20.80.763 Restrictions and Conditions
The location and operation of, and any person operating, or allowing or suffering the operation of, a Medical Cannabis Collective Dispensary Site Only, or a Medical or Non- NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
medical Cannabis Dispensary Medical Cannabis Dispensary, or Cannabis Retail Storefront shall be subject to and shall comply with, or shall cause the compliance with, all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on said business or location under or pursuant to other provisions of the San José Municipal Code or other applicable State or local laws, regulations or policies, at all times; provided, however, that if there is a conflict between the provisions of this Section and the provisions of any other applicable State or local law, the most restrictive law allowed to apply shall govern and control:
A. No person, or Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business, shall receive a Zoning Code Verification Certificate if another such Certificate exists within the distances established in Table 20-165 from another Dispensary Medical Cannabis Dispensary or Cannabis Retail Storefront.
B. No Medical Cannabis Collective Dispensary site only, or a Medical or Non-medical Cannabis Dispensary Medical Cannabis Dispensary, or Cannabis Retail Storefront shall be located or shall operate on any floor of a retail commercial shopping center located on a Parcel or Parcels totaling over forty (40) acres in size.
C. All activities conducted at a Medical Cannabis Collective Dispensary site only, or a Medical or Non-medical Cannabis Dispensary Medical Cannabis Dispensary, or Cannabis Retail Storefront shall at all times fully comport with the provisions of the Compassionate Use Act, the Medical Marijuana Program Act, the Medical Cannabis Regulation and Safety Actthe Medicinal and Adult Use Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, and any other applicable state laws, as the same may be amended from time to time; and
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
D. All activities conducted at a Medical Cannabis Collective Dispensary site only, or a Medical or Non-medical Cannabis Dispensary Medical Cannabis Dispensary, or Cannabis Retail Storefront shall at all times fully comport with the provisions of Chapter 6.88 of Title 6 of this Code.
20.80.765 Personal Use Cultivation
The provisions of this Part are not intended to and shall not regulate the cultivation or possession of cannabis for personal use cultivation in full compliance with all applicable state and local laws at their primary residence located within a zoning district that allows for residential uses.
20.80.770 Setback Standards
A. All restrictions and conditions for a Medical Cannabis Collective Dispensary Site Only, or a Medical or Non-medical Cannabis Business shall conform to the regulations set forth below in Table 20-165.
B. All restrictions and conditions apply at the time of issuance of a zoning code verification certificate.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Table 20-165
Medical Cannabis Dispensary Sites Only,
or Medical or Non-medical Cannabis Business
Setback Standards
Minimum Setback (Feet)
Areas
Public or
private
preschool,
elementary
school, or
secondary
school
Daycare
Center,
Youth
Center
Parks,
community
and
recreation
center,
library
Substance
abuse
rehabilitation
center,
Emergency
Residential
Shelter
Residential
Another
Medical
Cannabis
Dispensary
or
Cannabis
Retail
Storefront
Downtown 1,000 600 - - - 500
Urban
Village 1,000 1,000 - 500 - 1,000
Outside of
Downtown
or Urban
Village
1,000 1,000 1,000 500 300 1,000
20.80.775 Measurement Restrictions and Conditions
A. The distances established in Table 20-165 above for a public or private preschool, elementary school, or secondary school, youth center, or child daycare center, shall be measured horizontal in a straight line from the property line of the public or private preschool, elementary school, or secondary school, youth center, or child daycare center, to the closest property line of the lot on which the Medical Cannabis Collective Dispensary site only, or a Medical or Non-medical Cannabis Dispensary Medical Cannabis Dispensary, or Cannabis Retail Storefront is to be located without regard to intervening structures.
B. The distances established in Table 20-165 above for parks, community and recreation center, library, substance abuse rehabilitation center, emergency NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
residential shelter, or another dispensary or Cannabis Retail Storefront shall be measured, as follows:
1. For a Medical Cannabis Collective Dispensary site only, or a Medical or Non-medical Cannabis DispensaryMedical Cannabis Dispensary, or Cannabis Retail Storefront, from any parks, community and recreation center, library, substance abuse rehabilitation center, emergency residential shelter, or another dispensary or Cannabis Retail Storefront, located in a multi-tenant Building with tenant spaces occupied by uses other than the dispensary, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the collective's occupied tenant space in the shared Building.
2. For a Medical Cannabis Collective Dispensary site only, or a Medical or Non-medical Cannabis DispensaryMedical Cannabis Dispensary, or Cannabis Retail Storefront, from any parks, community and recreation center, library, substance abuse rehabilitation center, emergency residential shelter, or another dispensary or Cannabis Retail Storefront, that is the sole occupant of a building or buildings, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the dispensary’s closest building envelope.
C. The distances established in Table 20-165 above for residential uses shall be measured as follows:
1. For a Medical Cannabis Collective Dispensary site only, or a Medical or Non-medical Cannabis Dispensary Medical Cannabis Dispensary, or Cannabis Retail Storefront; located in a multi-tenant Building with tenant NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
spaces occupied by uses other than the dispensary or Cannabis Retail Storefront, or as the sole occupant of a Building, the distance shall be measured from the nearest public entrance of the tenant space or Building to the closest residential use following path of travel. For purposes of this part, path of travel includes a continuous, unobstructed way of pedestrian passage by means of which the use may be approached, entered, and exited, where open to the public, pursuant to Section 6.88.420.
The location and operation of Medical Cannabis Collectives, Medical Cannabis Collective Cultivation Sites Only, Medical Cannabis Dispensary Sites Only, Medical Cannabis Businesses, and Non-medical Cannabis Businesses shall be subject to and shall comply with all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business under or pursuant to other provisions of the San José Municipal Code or other applicable State or local laws, regulations or policies. Anyone operating, or allowing or suffering the operation of, a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business shall comply with, or shall cause the compliance with, all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business under or pursuant to other provisions of the San José Municipal Code or other applicable State or local laws, regulations or policies, at all times at the Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business; provided, however, that if there is a conflict between the provisions of this Section and NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
the provisions of any other applicable State or local law, the most restrictive law allowed to apply shall govern and control:
A. At the time of issuance of a zoning code verification certificate, no Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, or Non- medical Cannabis Business shall be located closer than a minimum of one thousand (1,000) feet from any Parcel on which a public or private preschool, elementary school, or secondary school exists; and
B. At the time of issuance of a zoning code verification certificate, no Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, or Non- medical Cannabis Business shall be located closer than a minimum of one thousand (1,000) feet from any Parcel on which any of the following uses exist: a Child Day Care Center, a community or recreation center, a park, or a library; and
C. At the time of issuance of a zoning code verification certificate, no Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, or Non- medical Cannabis Business shall be located closer than a minimum of five hundred (500) feet from any Parcel on which any of the following uses exist: a substance abuse rehabilitation center or an Emergency Residential Shelter; and
D. At the time of issuance of a zoning code verification certificate, no Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, or Non- medical Cannabis Business shall be located closer than a minimum of one NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
hundred fifty (150) feet from any Parcel on which any of the following uses exist:
religious assembly or adult day care center; and
E. The distances established in Subsections A. through D. above shall be measured as follows:
1. For a Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, or Non-medical Cannabis Business located in a multi-tenant Building with tenant spaces occupied by uses other than the collective, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the collective's occupied tenant space in the shared Building.
2. For a Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, or Non-medical Cannabis Business that is the sole occupant of a Building, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the collective's Building envelope.
F. At the time of issuance of a zoning code verification certificate, no Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business shall be located on a Parcel of real property that is closer than a minimum of fifty (50) feet from any Parcel on which another Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Cannabis Business is located, as measured in a straight line between the boundary lines of the Parcels that are closest to one another; and
G. At the time of issuance of a zoning code verification certificate, no Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, or Non- medical Cannabis Business shall be located on a parcel of real property that is closer than a minimum of one hundred fifty (150) feet from any residential use, including a residential legal nonconforming use, that is not incidental to a primary nonresidential use, as measured in a straight line between the boundary lines of the Parcels that are closest to one another; and
H. At the time of issuance of a zoning code verification certificate, no Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, or Non- medical Cannabis Business that is located in the Industrial Zoning Districts shall be located on a Parcel of real property that is within any of the following areas:
1. The area within the North San José Area Development Policy Boundary as defined in Section 14.29.020 D. of Title 14 of this Code; or
2. The area within the Edenvale Area Development Policy boundaries, which is that area within the corporate limits of the City of San José, consisting of approximately two thousand three hundred twelve (2,312) acres, as specified and depicted in the Edenvale Area Development Policy adopted and as amended by the City Council.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
3. The area within the International Business Park Boundary, which for purposes of this Title means and consists of that area within the corporate limits of the City of San José bounded by Interstate Highway 880, Montague Expressway, Trade Zone Boulevard, the Union Pacific Railroad line, Murphy Avenue, and Brokaw Road.
I. At the time of issuance of a zoning code verification certificate, no Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non- medical Cannabis Business that is located in the Light Industrial Zoning District shall be located on a Parcel of real property that is within either of the following areas:
1. Those certain enterprise zones that have been or may be created and whose boundaries have been or may be established through a resolution adopted by the City Council or by the City Manager pursuant to a resolution adopted by the City Council; or
2. Those other business incentive zones (such as a foreign trade zone) that may be created and whose boundaries are established through a formal, public action taken by the City Council.
J. No Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business shall be located on the ground floor of Structures or Buildings located on real property that, in whole or in part and at the time of issuance of a zoning code verification certificate, is within the DC- Downtown Primary Commercial Zoning District.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
K. No Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business shall be located or shall operate on any floor of a retail commercial shopping center located on a Parcel or Parcels totaling over forty (40) acres in size.
L. All activities conducted at a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business shall at all times fully comport with the provisions of the Compassionate Use Act, the Medical Marijuana Program Act, the Medical Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, and any other applicable state laws, as the same may be amended from time to time; and
M. All activities conducted at a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business shall at all times fully comport with the provisions of Chapter 6.88 of Title 6 of this Code; and
N. The hours within which a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business may choose to operate shall be within the hours of 9:00 a.m. and 9:00 p.m.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
20.80.780 Police Beat Exclusion Area
No Medical Cannabis Collective Dispensary site only, or a Medical or Non-medical Cannabis DispensaryMedical Cannabis Dispensary, or Cannabis Retail Storefront shall be located or shall operate within a Police Beat area with 20% above the average citywide reported crime rate as defined by the San José Police Department, except for locations within Downtown.
SECTION 7. Part 9.76 of Chapter 20.80 of Title 20 of the San José Municipal Code is amended to read as follows:
Part 9.76 CANNABIS CULTIVATIONMANUFACTURING (TYPE 6) BUSINESS,
DELIVERY ONLY, CANNABIS DISTRIBUTION BUSINESS, MANUFACTURING (TYPE 6), PROCESSING, AND OR CANNABIS TESTING BUSINESS
20.80.796 Purpose
The purpose of this Part is to further fulfill the purposes and intents set forth in Chapter
6.88 of Title 6 of the San José Municipal Code.
20.80.797 Definitions
Unless expressly defined in this Title otherwise, the terms used in this Part shall have the meanings ascribed to them in Chapter 6.88 of Title 6 of the San José Municipal Code.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
20.80.797.5 Youth Center
“Youth Center” shall have the definition given in California Health and Safety Section 11353.1.
20.80.798 Compliance Required
A. No person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing BusinessCannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business; provided, however, that a person may assert an affirmative defense to a criminal or civil enforcement action brought to enforce the provisions of this Title where the person, collective, business or activity is in full compliance with all of the applicable terms, provisions and conditions of this Code, including without limitation the provisions of this Part.
B. In addition to the requirements set forth in Section 20.80.798A. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing BusinessCannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business until such time as a Zoning Code Verification Certificate has been duly applied for and issued by the Director pursuant to the provisions of Chapter 20.100 of this Title, which Zoning Code Verification Certificate confirms full conformance of a proposed Cannabis NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Cultivation, Delivery Only, Distribution, Manufacturing (Type 6), Processing, or Testing Business Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business with all of the applicable locational siting requirements of this Title; provided an existing registered Medical or Non-medical Cannabis Business may expand its operation to include cannabis manufacturing (Type 6) or cannabis distribution but must obtain a new Zoning Code Verification Certificate pursuant to this Section 20.80.760B. if such activity is conducted at a new site. The application for such Zoning Code Verification Certificate shall be filed pursuant to the requirements and processes set forth in Chapter 20.100.
C. In addition to the requirements set forth in Sections 20.80.798A. and 20.80.798B. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing BusinessCannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business until such time as all required State licenses have been duly applied for and issued by the State of California and are effective pursuant to the provisions of State law.
D. Notwithstanding the provisions of this Section 20.80.798, all persons who choose to be involved with cannabis, and a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing BusinessCannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business do so NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
entirely at their own risk that such involvement may constitute a violation of federal or state law.
20.80.798.5 Personal Use Cultivation
The provisions of this Part are not intended to and shall not regulate the cultivation or possession of cannabis for personal use in full compliance with all applicable state and local laws at their primary residence located within a zoning district that allows for residential uses.
20.80.799 Restrictions and Conditions
The location and operation, and any person operating, or allowing or suffering the operation of, a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Businessof Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, and Cannabis Testing Business shall be subject to and shall comply with, or shall cause the compliance with, all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on a Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Businesssaid business under or pursuant to other provisions of the San José Municipal Code or other applicable State or local laws, regulations or policies. Any person operating, or allowing or suffering the operation of, a Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall comply with, or shall cause the compliance with, all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on a Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business under NVF:TLC:JMD
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
or pursuant to other provisions of the San José Municipal Code or other applicable State or local laws, regulations or policies, at all times at the Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business; provided, however, that if there is a conflict between the provisions of this Section and the provisions of any other applicable State or local law, the most restrictive law allowed to apply shall govern and control:
A. At the time of issuance of a Zoning Code Verification Certificate, no Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing BusinessCannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall be located closer than a minimum of six hundred (600) feet from any Parcel on which a public or private preschool, elementary school, or secondary school exists; and
B. At the time of issuance of a Zoning Code Verification Certificate, no Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing BusinessCannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall be located closer than a minimum of six hundred (600) feet from any Parcel on which any of the following uses exist:
a Child Day Care Center, Youth Center or a place of religious assembly with a Child Day Care Center; and
C. At the time of issuance of a Zoning Code Verification Certificate, no Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis NVF:TLC:JMD
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing BusinessCannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall be located closer than a minimum of six hundred (600) feet from any Parcel on which any of the following uses exist:
a community/recreational facility, a park, or a library; and
D. At the time of issuance of a Zoning Code Verification Certificate, no Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall be located closer than a minimum of one hundred fifty (150) feet from any Parcel with residential use, including a residential legal nonconforming use that is not incidental to a primary nonresidential use; and
E. The distances established in Subsections A. through D. above shall be measured as follows:
1. For a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing BusinessCannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business located in a multi-tenant Building with tenant spaces occupied by uses other than the Cannabis Business, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the Cannabis business' occupied tenant space in the shared Building.
2. For a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis NVF:TLC:JMD
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing BusinessCannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business that is the sole occupant of a Building, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the Cannabis Business' Building envelope.
F. All activities conducted at a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing BusinessCannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall at all times fully comport with the provisions of Chapter 6.88 of Title 6 of this Code; and
G. A Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing BusinessCannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall not operate between the hours of 12:00 midnight a.m. and 6:00 a.m. except pursuant to and in compliance with a Conditional Use Permit as provided in Chapter 20.100.
H. No outdoor activity, including loading, sweeping, landscaping or maintenance shall occur within fifty (50) feet of any residentially zoned property between the hours of 12:00 midnight and 6:00 a.m. except pursuant to and in compliance with a Conditional Use Permit as provided in Chapter 20.100.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
I. Performance Standards
1. In the IP, LI and HI industrial districts no primary, secondary, incidental or conditional use or activity related thereto shall be conducted or permitted:
a. In a manner that causes or results in the harmful discharge of any waste materials into or upon the ground, into or within any sanitary or storm sewer system, into or within any water system or water, or into the atmosphere; or
b. In a manner that constitutes a menace to persons or property or in a manner that is dangerous, obnoxious, or offensive by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust vibration, radiation, or fumes; or
c. In a manner that creates a public or private nuisance.
2. Without limiting the generality of the preceding subsection, the following specific standards shall apply in the industrial zoning districts:
a. Incineration. There shall be no incineration on any site of any waste material.
b. Vibration. There shall be no activity on any site that causes ground vibration which is perceptible without instruments at the property line of the site.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
c. Air pollution. Total emissions from any use or combination of uses on a site shall not exceed the emissions and health risk thresholds as established by the Director of Planning, Building and Code Enforcement.
3. Noise.
a. The sound pressure level generated by any use or combination of uses shall not exceed the decibel level at any property line as shown in Table 20-135, except upon issuance and in compliance with a special use permit as provided in Chapter 20.100.
SECTION 8. Section 20.100.1520 of Part 13 of Chapter 20.100 of Title 20 of the San José Municipal Code is amended to read as follows:
20.100.1520 Application
A. The application for a zoning code verification certificate shall comport with the processes and requirements, including without limitation the payment in full of applicable fees, set forth in Parts 1 and 2 of this Chapter, provided, however, that no public hearing on a zoning code verification certificate is required.
B. The application for a zoning code verification certificate for a Cannabis Business, as defined in Section 6.88.206 of Title 6 of this Code, shall not be accepted until the City Manager has confirmed the initiation of the registration process under Chapter 6.88 of Title 6 of this Code.
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
SECTION 9. Section 20.100.1525 of Part 13 of Chapter 20.100 of Title 20 of the San José Municipal Code is amended to read as follows:
20.100.1525 Zoning Code Verification Certificate
A. The director shall issue, or cause the issuance of, a zoning code verification certificate when the director determines that the application evidences full compliance with all of the applicable provisions of this title.
B. The director shall not issue, nor allow the issuance of, a zoning code verification certificate when the director determines that the application evidences noncompliance with any applicable provision of this title.
C. The director's determination under this section shall be in writing, in the form of issuance of a zoning code verification certificate or a writing describing the noncompliance that prevents the issuance of a zoning code verification certificate.
D. The director's determination under this section shall be final.
E. The zoning code verification certificate for a Cannabis Business, as defined in Section 6.88.206 of Title 6 of this Code, will cease to be operative if any of the following apply:
1. The registration of the Cannabis Business is deemed null and void pursuant to Section 6.88.350 of Title 6 of this Code; or
2. The Cannabis Business receives a Notice of disqualification as outlined in Section 6.88.330 of Title 6 of this Code; or
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Item No.:10.2(b)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
REVISED – Per public comment received.
3. If the Cannabis Business does not commence operations at the location, as specified on the zoning code verification certificate application, within a period of 24 months from the time of issuance.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk