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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 ADD PREVIOUSLY
APPROVED TEXT WITHIN (A) CHAPTER 20.30, SECTION
20.30.100 TO RECTIFY TABLE 20-50, AND NEW SECTION
20.30.840 ‘EXEMPTION FOR ADDITION’; (B) CHAPTER
20.40, SECTION 20.40.100 TO RECTIFY TABLE 20-90; (C)
CHAPTER 20.50, SECTION 20.50.100 TO RECTIFY TABLE
20-110, AND SECTION 20.50.110 'COMMERCIAL
SUPPORT’; (D) CHAPTER 20.75, SECTION 20.75.200 TO
RECTIFY TABLE 20-156; AND (E) TO MAKE OTHER
TECHNICAL, NON-SUBSTANTIVE, OR FORMATTING
CHANGES WITHIN THOSE SECTIONS OF TITLE 20 OF
THE SAN JOSÉ MUNICIPAL CODE.
WHEREAS, pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined that this Ordinance is pursuant to, in furtherance of and within the scope of the previously approved program evaluated in the Final Program Environmental Impact Report for the Envision San José 2040 General Plan (the “FEIR”), for which findings were adopted by City Council through its Resolution No. 76041 on November 1, 2011, and Supplemental Environmental Impact Report (the “SEIR”), through Resolution No. 77617, adopted by City Council on December 15, 2015, and Addenda thereto, and does not involve new significant effects beyond those analyzed in the FEIR and SEIR; 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 and approves the information contained in the FEIR, as supplemented and addenda thereto, and related NVF:TLC:JMD File No. PP22-002
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City Council Resolution Nos. 76041 and 77617 and the determination of consistency therewith prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Section 20.30.100 of Chapter 20.30 of Title 20 of the San José Municipal Code is amended to read as follows:
20.30.100 Allowed Uses and Permit Requirements
A. Permitted" land uses are indicated by a "P" on Table 20-50.
B. "Conditional" uses are indicated by a "C" on Table 20-50. 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 an "S" on Table 20-50. 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. "Restricted" land uses are indicated by an "R" on Table 20-50. 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.
E. Land uses not permitted are indicated by a "-" on Table 20-50. Land uses not listed on Table 20-50 are not permitted.
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F. When the right column of Table 20-50 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 20-50
Residential Zoning Districts Use Regulations
Use Zoning District Applicable
Sections
& Notes R-1 R-2 R-M R-MH
Residential Uses
One-family dwelling P P P C Note 1 and
Note 10;
Section
20.30.110
Accessory dwelling unit (ADU) P P P - Note 2, Note 3, and Note 10;
Part 4.5,
Chapter 20.30
Two-family dwelling - P P - Note 2 and
Note 10;
Section
20.30.110
Multiple dwelling - - P - Note 10
Guesthouse - - C - Note 10;
Section
20.30.120
Mobilehome parks - - - P Note 10
Permanent supportive housing - - P - Chapter
20.195
Travel trailer parks - - - C
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Residential care facility, six or
fewer persons
P P P P
Residential care facility, seven or
more persons
- - C C
Residential service facility, six or
fewer persons
P P P P
Residential service facility,
seven or more persons
- - C C
Single room occupancy living
unit facility
- - C - Note 10; Part
15, Chapter
20.80 Sororities, fraternities, and
dormitories occupied exclusively
(except for administrators
thereof) by students attending
college or other educational
institutions
- - C -
Residential Accessory Uses and Improvements
Accessory buildings and
structures
P P P P Note 3;
Section
20.80.200
Home occupations P P P P Part 9, Chapter
20.80 Mixed use,
residential/commercial
- - S - Note 9 and
Note 10
Agriculture
Certified farmers' market S S S S Note 6
Certified farmers' market, small P P P P Part 3.5, Chapter 20.80;
Note 6
Neighborhood agriculture P P P P Part 9, Chapter
20.80 Education and Training
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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 P P
Day care center S S S S
School, elementary and
secondary (public)
P P P -
School, elementary and
secondary (private)
C C C -
Entertainment and Recreation
Equestrian and riding club C - - -
Golf course C - - - Note 4
Private club or lodge - - C -
Swim or tennis club C C C C
General Services
Bed and breakfast inn C C C - Section
20.80.110
Outdoor vending, fresh fruits and
vegetables
P P P P Note 6 and
Note 7;
Part 10,
Chapter 20.80;
Health and Veterinary Services
Emergency ambulance service C C C C
Historic Reuse
Historic landmark structure
reuse
C C C C Part 8.5,
Chapter 20.80
Public, Quasi-Public and Assembly Uses
Cemetery C C C C
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Church/religious assembly C C C C
Museums, libraries, parks,
playgrounds, or community
centers (privately operated)
C C C C
Museums, libraries, parks,
playgrounds, or community
centers (publicly operated)
P P P P
Transportation and Utilities
Community television antenna
systems
C C C C
Off-site, alternating use and
alternative use parking
arrangements
S S S S Section
20.90.200
Parking establishment, off-street C C C C Section
20.90.150
Utility facilities, excluding
corporation yards, storage or
repair yards and warehouses
C C C C
Wireless communication
antenna
C C C C Note 8;
Sections
20.30.130,
20.30.140,
20.80.1900,
20.100.1300
and
20.80.1915
Wireless communication
antenna, slimline monopole
S S S S Note 8;
Sections
20.30.130,
20.30.140,
20.80.1900,
20.100.1300
and
20.80.1915
Wireless communication
antenna, building mounted
P P P P Note 8;
Sections
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20.30.130,
20.30.140,
20.80.1910,
20.100.1300
and
20.80.1915
Utilities, Electrical Power Generation
Solar photovoltaic system P P P P Sections
20.100.610 C.7
and
20.100.1030
A.6
Stand-by/backup facilities that
do not exceed noise or air
standards
S S S S Note 5
Stand-by/backup facilities that
do exceed noise or air standards
- - - -
Notes:
1. Only one one-family dwelling unit per lot in the R-1, R-2, R-M and R-MH districts.
2. A maximum of two primary living units per lot, with Accessory Dwelling units, are permitted in the R-2 district. Accessory Dwelling units on a lot in the R-2 district may be permitted without a development permit in accordance with the provisions of Part 4.5.
3. No lot may be used solely for an accessory structure or an accessory building.
4. No driving ranges or miniature golf facilities.
5. Stand-by or backup generators that would not otherwise require some permit from the City (including but not limited to building, electrical, or mechanical), and do meet the applicable noise and air standards are not subject to the special use permit requirement.
6. Allowed on school sites, library sites, community center sites, church/religious assembly sites, and other publicly accessible sites that contain government operations including but not limited to United States Post Offices or State of California Department of Motor Vehicles offices.
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7. The activity must conform with the location and operational requirements in Section
20.80.820 of Part 10, Chapter 20.80. Allowed for up to eight hours per day for each vending facility, but not to exceed eight hours per day per lot.
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. Permitted or special uses allowed in the CP commercial pedestrian zoning district may be allowed with a special use permit for a residential-commercial mixed use project, except that twenty-four-hour non-residential uses or conditional uses allowed in the CP commercial pedestrian zoning district require a conditional use permit.
10. May be used as Transitional Housing.
SECTION 2. Sections 20.30.810 and 20.30.840 of Part 8, Senate Bill 9 Implementation, Chapter 20.30 of Title 20 of the San José Municipal Code are amended to read as follows:
Part 8
Senate Bill 9 Implementation
20.30.800 Purpose and Applicability
A. This Part implements Government Code sections 68582.21 and 66411.7, herein referred to as Senate Bill 9. The purpose of this Part is to apply objective local development standards for projects covered by Senate Bill 9. This Part is applicable only so long as Senate Bill 9 is operative.
B. Where this Part or Senate Bill 9 conflict with any other provisions of this Code, this Part and Senate Bill 9 shall control. Any development standard or requirement not specifically addressed by this Part or Senate Bill 9 must conform to all other provisions of this Code and all other objective policies and requirements governing subdivisions and/or construction of one-family or two-family dwellings.
20.30.810 Urban Lot Split Standards
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A. Lot design requirements:
1. Lot frontage:
a. Where 55 feet of frontage on a public right-of-way is not proposed for both lots created by an Urban Lot Split, pursuant to Government Code Section 66411.7, each lot shall have a minimum of 30 feet of frontage on a public right-of-way and an average width of 30 feet, or b. Where 30 feet of frontage on a public right-of-way is not proposed for both lots created by an Urban Lot Split, one of the lots shall be provided with access by a corridor with at least 12 feet but no more than 15 feet of frontage on a public street.
i. Said access corridor shall maintain a width of at least 12 feet but no more than 15 feet for the entire length of the corridor. ii. The length of said access corridor shall be at minimum the required front setback of the zoning district in which the lot is situated.
iii. The access corridor shall be kept free and clear of building or structures of any kind except for lawful fences and underground or overhead utilities.
c. Where one of the lots created by an Urban Lot Split does not propose frontage on a public right-of-way, direct access to the public right of way must be provided through an easement for ingress and egress and emergency access.
i. Said easement shall be a minimum 12 feet but no more than 15 feet in width for the entire length of the easement.
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ii. The length of said easement shall be at minimum the length of the required front setback of the zoning district in which the lot is situated.
iii. Said easement shall be recorded as a Covenant of Easement on the Parcel Map for the Urban Lot Split.
2. Maximum lot depth, as required by Section 19.36.230 of this Code, shall be waived for lots created by an Urban Lot Split.
B. Property line and setbacks:
1. For lots accessed by a corridor of 12 feet to 15 feet in width:
a. Front property line is the property line that abuts the public street. b. The front setback area is the is the entire length of the 12 foot to 15- foot-wide access corridor.
c. The rear property line is any property line that is generally parallel to the public right of way from which the lot gains access, and that abuts properties that are not a part of the Urban Lot Split.
d. The remaining property lines shall be considered side property lines.
2. For lots that do not abut a public street that are accessed by an easement:
a. There shall be no front property line.
b. The rear property line is any property line that is generally parallel to the public right of way from which the lot gains access, and that abuts properties that are not a part of the Urban Lot Split.
c. The remaining property lines shall be considered side property lines.
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C. All required utility connections shall be placed on the same parcel as the unit or units the utilities are serving, or shall be located within a utility easement.
D. A minimum of one dwelling unit shall exist on a lot being subdivided at time of recordation of a Parcel Map for an Urban Lot Split.
E. Lots created through an Urban Lot Split shall not contain more than two dwelling units, inclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units.
In no case shall the city permit more than two units per lot created by an Urban Lot Split.
F. Lots that contain a two-family dwelling created pursuant to Senate Bill 9 without an Urban Lot Split shall be limited to one attached accessory dwelling unit or two detached accessory dwelling units per lots.
G. For purposes of Government Code 66411.7(a)(3)(G), "acting in concert with" means knowing participation in a joint activity or parallel action towards a common goal whether or not pursuant to an express agreement. Examples include, but are not limited to, an adjacent parcel previously subdivided by a person acting on behalf of, acting for the predominant benefit of, acting on the instruction of, or actively cooperating with, the owner of the parcel that is being subdivided.
20.30.820 Dwelling Unit Standards
A. The cumulative Floor Area Ratio of units that are constructed pursuant to Senate Bill 9, excluding Accessory Dwelling Units and Junior Accessory Dwelling Units, shall be limited to .45 per lot or 800 sf per unit, whichever is greater.
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1. For purposes of this Part, Floor Area Ratio and unit square footage shall be calculated per Section 20.100.1020 of this Code.
B. Height and stories. Units created pursuant to Senate Bill 9 shall be limited to a maximum height of no greater than thirty feet and no more than two stories. A maximum height of no greater than twenty feet and one story shall be applied to units situated within twenty feet of the rearmost property line.
C. Additional standards for dwelling units permitted under Senate Bill 9.
1. Garage frontage limit. The cumulative linear feet of the vehicular doors to a garage or garages that are oriented to face the front property line or side corner property line shall be no wider than one half of the width of the dwelling structure to which the garage or garages are attached.
D. Encroachments into setback areas are allowed per Chapter 20.30, however, in no case shall an encroachment be closer than three feet from a side property line.
Eaves are the only encroachment allowed into a rear property line and must maintain a setback of three feet in any case.
20.30.830 Additional Requirements
A. For projects covered by Senate Bill 9, the applicant shall submit a statement under penalty of perjury that within the last three years there has been no tenant in a dwelling unit that is proposed to be altered or demolished.
B. Prior to approval of a Parcel Map for an Urban Lot Split or Ministerial Approval for a Senate Bill 9 project, the applicant shall record a deed restriction identifying that the units on the parcel or parcels may not be rented for a term of 30 days or less.
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20.30.840 Waiver
In the event these standards physically preclude the creation of a second unit pursuant to Senate Bill 9, applicants may seek a waiver through a process to be defined in administrative guidelines promulgated by the Director of Planning, Building and Code Enforcement.
SECTION 3. 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 NVF:TLC:JMD File No. PP22-002
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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 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.
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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.
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
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Agriculture
Aquaculture, aquaponics, and hydroponics S S S S S
Certified farmers' market S S S S S Part 3.5, Chapter
20.80 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 -
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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
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
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Bail bond establishment - within main jail
area - P/S P P -
Note 5 and Note
14; Part 1.5,
Chapter 20.80
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 cannabis dispensary - R R R - Part 9.75,
Chapter 20.80
Cannabis retail storefront - R R R - Part 9.75,
Chapter 20.80
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Medical cannabis collective dispensary
site only - R R R - Part 9.75,
Chapter 20.80
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 NVF:TLC:JMD File No. PP22-002
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Recycling Uses
Reverse vending machine A A A A A Part 13, Chapter
20.80 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
Low barrier navigation center - P P P P Chapter 20.195
Mixed use residential/commercial - C/S C C
GP - Note 6, and Note-
25 and 26
Permanent supportive housing - - - - P Note 27; Chapter
20.195
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 -
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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
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 -
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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
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. Mixed use residential/ commercial development may be approved only on parcels designated on the land use/transportation diagram of the general plan with a designation that allows residential use or through a general Plan or urban Village Policy that allows mixed-use development on a non-residential parcel.In an urban village, mixed-use NVF:TLC:JMD File No. PP22-002
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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.
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.
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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.
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.
26. Permanent supportive housing is allowed as a residential component of mixed use residential/ commercial.
27. Permanent supportive housing is only allowed in the PQP district as 100% of the residential use.
SECTION 4. 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.
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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 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 NVF:TLC:JMD File No. PP22-002
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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 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.
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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 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 -
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Outdoor uses or storage,
industrial - - - S P Section 20.50.210
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 /A - - 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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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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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
Retail art studio P P - - - Note 14
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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 Cannabis processing business R GP - - R GP R GP Part 9.76, Chapter
20.80 NVF:TLC:JMD File No. PP22-002
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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 9.76, Chapter
20.80 Medical cannabis collective
cultivation site only R GP - R GP R GP R GP Part 9.76, Chapter
20.80 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 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
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
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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
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
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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
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
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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
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; NVF:TLC:JMD File No. PP22-002
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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. Commercial support uses are subject to and limited by Section
20.50.110. Commercial support uses subject to Section 20.50.110.A are permitted (P) uses. Commercial support uses subject to Section 20.50.110.B in the primary Industrial Park Building(s) require an administrative (A) permit. Commercial support uses subject to Section 20.50.110.C in a single-use Building require a Development Permit. 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.
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, NVF:TLC:JMD File No. PP22-002
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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.
SECTION 5. Section 20.50.110 of Chapter 20.50 of Title 20 of the San José Municipal Code is amended to read as follows:
20.50.110 Commercial support
A. With the exception of commercial support uses that are subject to Subsections B or C herein, Ccommercial support is permitted in the IP Industrial Park and TEC Transit Employment Center districts only when all of the following criteria are met:
A1. Such commercial uses serve the immediate area; and
B2. Such commercial uses are located entirely within Buildings occupied by primary uses permitted in the IP or TEC districts; and
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C3. The sum of all such commercial uses in any single building on the site occupies no more than ten percent of the gross floor area of the building or no more than twenty thousand square feet, whichever is less; or, in the case of medical offices as the sole commercial support use in a building, the sum of such medical office use in any single building on the site occupies no more than twenty percent of the gross floor area of the building or no more than twenty thousand square feet, whichever is less; and D4. Such commercial uses are limited to the following:
1. Retail; including off-sale of alcohol, subject to a conditional use permit, except that retail sales incidental to a winery, brewery, or distillery which are regulated by Part 5.75 of Chapter 20.80 do not require a conditional use permit.
2. Recreation, commercial/indoor.
3. Health club, gymnasium.
4. Personal service establishment.
5. Public eating establishment.
6. Outdoor dining, incidental to a public eating establishment.
7. Financial institution.
8. Medical clinic.
9. Medical office.
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10. Amusement game devices, up to nine per business establishment, as an (incident) to one or more of the above enumerated commercial uses.
B. Commercial support uses in any single building occupying more than ten (10) percent of the gross floor area of the building or more than twenty thousand (20,000) square feet is permitted within the boundaries of the North San José Area Development Policy only when all of the following criteria are met:
1. Such commercial uses are consistent with the North San José Area Development Policy; and
2. Such commercial uses are located in the IP Industrial Park District; and
3. Such commercial uses serve the immediate area; and
4. Such commercial uses are located entirely within Buildings occupied by primary uses permitted in the IP district; and
5. Such commercial uses meet all of the following criteria:
a. Must be developed under an approved Administrative (A) Permit; b. Is developed in support of Research and Development uses or Office, Research and Development, and has a General Plan land use designation that support such uses; and
c. Includes a parking arrangement that is established through reciprocal cross-access easements or other enforceable
mechanism(s) to serve all uses on the Site; and
6. The sum of all such commercial uses on any single Site occupies no more than twenty (20) percent of the gross floor area of the Building or no more than forty thousand (40,000) square feet, whichever is less; and NVF:TLC:JMD File No. PP22-002
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7. Such commercial uses are limited to the following:
a. Retail, including off-sale of alcohol subject to a conditional use permit.
b. Recreation, Commercial/Indoor.
c. Personal Service Establishment.
d. Public Eating Establishment.
e. Outdoor dining, incidental to a public eating establishment, subject to a special use permit if within one hundred and fifty (150) feet of residentially-used or residentially-zoned lot.
f. Amusement Game Devices, up to nine (9) per business
establishment, as incidental to one or more of the above enumerated commercial uses, subject to approval of license by the chief of police.
C. Commercial support in a single-use Building is permitted within the boundaries of the North San José Area Development Policy only when all of the following criteria are met:
1. Such commercial uses are consistent with the North San José Area Development Policy; and
2. Such commercial uses are located in the IP Industrial Park District; and
3. Such commercial uses serve the immediate area; and
4. Such commercial uses are situated within a Site that also meets all of the following criteria:
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a. Must be developed under an approved Development Permit that encumbers the primary Industrial Park Building(s) on the Site as well as the incidental single-use Building;
b. Is developed in support of Research and Development uses or Office, Research and Development, and is in a Zoning District and has a General Plan land use designation that support such uses; and c. Includes a parking arrangement that is established through reciprocal cross-access easements or other enforceable
mechanism(s) to serve all uses on the Site; and
5. The sum of all such commercial uses on any single Site occupies no more than twenty (20) percent of the gross floor area of Buildings or no more than forty thousand (40,000) square feet, whichever is less; and
6. Such commercial uses are limited to the following:
a. Retail, including off-sale of alcohol subject to a conditional use permit.
b. Recreation, Commercial/Indoor.
c. Personal Service Establishment.
d. Public Eating Establishment.
e. Outdoor dining, incidental to a public eating establishment, subject to a special use permit if within one hundred and fifty (150) feet of residentially-used or residentially-zoned lot.
f. Amusement Game Devices, up to nine (9) per business
establishment, as incidental to one or more of the above enumerated commercial uses, subject to approval of license by the chief of police.
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D. For the purposes of this Section, “single-use building” means a building limited in use to only those uses enumerated in Section 20.50.110.C.6.
SECTION 6. 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.
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 NVF:TLC:JMD File No. PP22-002
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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.
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 NVF:TLC:JMD File No. PP22-002
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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
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
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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
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
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Emergency
ambulance service
- - C C
Hospital/in-patient
facility
C - C C
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
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Business Support
Use
P - P P
Financial institution P - P P
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 134
Emergency
Residential Shelter
- - - - Section
20.80.500
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Live/Work Uses C - S - Part 9.5,
Chapter
20.80 &
Section
20.75.210
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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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
Co-generation Facility S - S S
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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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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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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.
14. Permanent Supportive Housing is allowed as a residential component of Mixed Use/ground floor commercial with residential above.
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