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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 THE
DEFINITION OF EMERGENCY RESIDENTIAL SHELTER IN
CHAPTER 20.200 , AMEND THE SPECIFIC USE
REGULATIONS FOR EMERGENCY RESIDENTIAL
SHELTER IN CHAPTER 20.80, AND AMEND THE
EMERGENCY RESIDENTIAL SHELTER USE WITHIN
TABLE 20-90 OF SECTION 20.40.100 OF CHAPTER 20.40,
‘COMMERCIAL ZONING DISTRICTS AND PUBLIC/QUASI-
PUBLIC ZONING DISTRICTS,’ TABLE 20-110 OF SECTION
20.50.100 OF CHAPTER 20.50, ‘INDUSTRIAL ZONING
DISTRICTS,’ AND TABLE 20 -138 OF SECTION 20.55.203
OF CHAPTER 20.55, ‘URBAN VILLAGE AND MIXED USE
ZONING DISTRICTS ,’ AND TABLE 20 -140 OF SECTION
20.70.100 OF CHAPTER 20. 70, ‘ DOWNTOWN ZONING
REGULATIONS’
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under File No. PP PP17-008 (General Procedure & Policy Making resulting in no changes to the physical environment); and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, this Council has reviewed and considered the "not a project" determination under CEQA 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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SECTION 1. Section 20.200.360 of Chapter 20.200 of Title 20 of the San José Municipal Code is amended to read as follows:
20.200.360 Emergency Residential Shelter
A. An "emergency residential shelter" is a building, structure, or series of buildings or structures, where temporary lodging is provided to individuals and households experiencing homelessness, and where on-site supervision is provided whenever such shelter is occupied. For statutory provisions on emergency residential shelters generally, see Gov. Code § 65583 et seq.
SECTION 2. Section 20.80.500 of Chapter 20.80 of Title 20 of the San José Municipal Code is amended to read as follows:
20.80.500 Emergency Residential Shelter
A. An emergency residential shelter must provide at least one security guard during the shelter’s hours of operation.Temporary shelter in an emergency residential shelter may be provided for a period not to exceed sixty (60) days. A Conditional Use Permit may allow an exception to the maximum stay of sixty days for those persons enrolled in drug or alcohol recovery or treatment programs conducted on-site as an incidental use to the shelter program. Such extended stays may not exceed eighteen (18) months.
B. All lighting or illumination shall conform with any lighting policy adopted by the City Council.
CB. Medical assistance, training, counseling, and personal services essential to enable homeless persons to make the transition to permanent shelter may be NVF:AXY:KMF
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provided, with or without meals, as an incident to the operation of an emergency residential shelter.
DC. A Shelter Management Plan shall be a condition of any Conditional Use Permit approved and should address issues including good neighbor issues, transportation issues, client supervision, client services, and food services.
SECTION 3. Table 20.90 in Section 20.40.100 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 NVF:AXY:KMF
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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 an "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 an "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 s ection number or footnote NVF:AXY:KMF
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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 Applicable Sections & Notes
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 Certified farmers'
market, small
P P P P P Part 3.5, Chapter 20.80
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
Recreation, commercial
outdoor
- C C C C Note 21
Relocated cardroom - - - C - Section 20.80.1155
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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
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
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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 20.80
Small collection facility A A A A A Part 13, Chapter 20.80 Residential
Emergency residential
shelter within Airport
Influence Area
- S S S S Section 20.80.500
Emergency residential
shelter, outside of
Airport Influence Area
(more than 100 150
beds)
- S S S S Section 20.80.500
Emergency residential
shelter, outside of
Airport Influence Area
(100 150 beds or fewer)
- P P P P Section 20.80.500, Chapter
20.195
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, -25 and 26
Permanent supportive
housing
- - - - P Note 27; Chapter 20.195
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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
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
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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
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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 onsite 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.
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 NVF:AXY:KMF
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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.
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.
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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.
28. 100% deed-restricted affordable housing is a permitted use for residential housing type, and commercial space requirements shall not apply; subject to conformance with General Plan policies and state law mandates. Refer to Chapter 20.195 for information regarding the ministerial approval process.
SECTION 4. Table 20-110 in Section 20.50.100 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 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 NVF:AXY:KMF
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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 pPlanning cCommission 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 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 an "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.
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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 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 District Use Regulations
Use Zoning District Applicable Sections & Notes
CIC TEC IP LI HI
Industry
Construction/corporation
yard
S - - P P
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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 NVF:AXY:KMF
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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
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
Public eating
establishments
P P - C C Note 5; Sections 20.50.110,
20.50.113
Outdoor dining, incidental
to a public eating
establishment
P S/P - C C Note 5 and Note 21; Sections
20.50.110, 20.50.113
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
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 9.76, 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
Collection facility, large - - - - P
Reverse vending machine A A A A A
Collection facility, small A A A A A
Residential
Emergency residential
shelter within Airport
Influence Area (more than
50 beds)
C - - - - Section 20.80.500
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Emergency residential
shelter within Airport
Influence Area (50 beds or
fewer)
P - - - - Section 20.80.500
Emergency residential
shelter, outside of Airport
Influence Area (more than
100 150 beds)
C - - - - Section 20.80.500
Emergency residential
shelter, outside of Airport
Influence Area (100 150
beds or fewer)
P - - - - Section 20.80.500, Chapter
20.195
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
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
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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. 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.
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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.
SECTION 5. Section 20.55.203 of Chapter 20.55 of Title 20 of the San José Municipal Code is amended to read as follows:
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
20.55.203 Urban Village and Mixed Use Zoning District Use Regulations Table 20-138
Urban Village and Mixed Use Zoning District Use Regulations
Use Zoning District Applicable Sections & Notes
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
within Airport
Influence Area
- S S S S S Section 20.80.500
Emergency
residential shelter,
outside of Airport
Influence Area
(more than 100 150
beds)
- S S S S S Section 20.80.500
Emergency
residential shelter,
outside of Airport
Influence Area (100
150 beds or fewer)
- P P P P P Section 20.80.500, Chapter
20.195
Home Occupation - P P P P P Part 9, Chapter 20.80
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
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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 & 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
School, driving
(class C & M
license)
P P P P P P Note 3
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 - - - -
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
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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
Personal services P P P P P P Section 20.200.880
Bail Bonds
Establishment
S S S - S S
Bed and breakfast
inn
P P P P P P
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
Cannabis retail
storefront
R R R - R R Part 9.75, Chapter 20.80
Emergency
ambulance service
C C C - C C
Hospital/in-patient
facility
C C C - C C
Medical cannabis
collective
dispensary site only
R R R - R R Part 9.75, Chapter 20.80
Medical cannabis
dispensary
R R R - R R Part 9.75, Chapter 20.80
Office, medical P P P P P P
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
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
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Museums, libraries,
parks, playgrounds,
or community
centers (publicly
operated)
P P P P P P
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 - - - -
Utility facilities
including
corporation yards,
storage or repair
yards and
warehouses
- - - - - -
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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 sSection 20.55.201 (K)
Notes:
1. Alcohol, off-sales are limited to products manufactured on -site for wineries, breweries, or distilleries.
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 fo r animals, including but not limited to grooming, boarding, medical care, must be conducted wholly inside a building.
8. Incidental repair includes non -invasive engine service, maintenance, and repair, including but not limited to, air conditioning ser vice, 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, transmission s/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 vend ing 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 C ommission 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.
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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.
20. Permanent supportive housing is a permitted use as mixed use or residential -only development. For information regarding the ministerial appr oval 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 o n 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 w hich 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.
26. 100% deed-restricted affordable housing is a permitted use for residential housing type that meet minimum density requirement in the UR and TR zoning districts, and commercial space requirements shall not apply; subject to conformance with General Plan policies and state law mandates. Refer to Chapter 20.195 for information regarding the ministerial approval process.
SECTION 6. Table 20-140 in Section 20.70.100 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.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 pPlanning cCommission 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 an "S" on Table 20-140. These uses may be allowed in such designated districts, as an independent use, but only upon NVF:AXY:KMF
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
issuance of and in compliance with a Special Use Permit as set forth in Chapter
20.100.
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 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.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
K. 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
Applicable to All
Downtown
Districts
Offices and Financial Services
Automatic teller machine P P P Note a; Section
20.80.200
Business support use P P P
Financial services P P P Note b
Retail bank P P P Note b
Offices, business and
administrative P P S Section 20.70.110
Payday lending establishment R R -
Part 12.5,
Chapter 20.80;
Section 20.80.875
Research and development P P -
General Retail
Alcohol, off-sale—beer and/or
wine only C C C Section 20.80.900
Alcohol, off-sale—full range of
alcoholic beverages C C C Section 20.80.900
Alcohol, off-sale—as
incidental to a winery,
brewery, or distillery
A A A
Note 11; Part
5.75, Chapter
20.80 NVF:AXY:KMF
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Food, beverages, and
groceries P P P
Outdoor vending A A A Note b; Part 10,
Chapter 20.80
Outdoor vending—fresh fruits
and vegetables P P P Note b; Part 10,
Chapter 20.80
Pawn shop or pawn broker,
incidental to a retail jewelry
store
C C C Note b; Chapter
6.52 Retail bakery P P P
Retail art studio P P P
Retail sales, goods, and
merchandise P P P Note c
Seasonal sales P P P Part 14, Chapter
20.80 Agriculture
Certified farmers’ market P P P Part 3.5, Chapter
20.80 Certified farmers’ market,
small P P P Part 3.5, Chapter
20.80 Neighborhood agriculture P P P
Education and Training
Day care center P P P Note b
Instructional art studios P P P
Private instruction, personal
enrichment
P P P Note b
School, elementary—grades
K-8 (public or private -)
C C C Note b
School, secondary—grades
9-12 (-public or private)
C C C Note b
School, post-secondary P P -
School, trade and vocational P P P Note b
Entertainment and Recreation Related
Arcade, amusement game P - P Note b
Health club, gymnasium P P P
Lighting display A/S A/S A/S Section 20.70.150
Theater, indoor P P P
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Poolroom/billiards
establishment
P - P
Private club or lodge P P -
Recreation commercial/indoor P P P
Food Services
Banquet—facility P P P
Caterer P P P Note b
Drinking establishments S C S
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 Note 5
Drinking establishments
interior to a full-service hotel
or motel with 75 or more
guest rooms
P P - Section 20.80.475
Public eating establishments P P P Note 7
Public eating establishment in
conjunction with a winery,
brewery, or distillery
P P P
Taproom or tasting room in
conjunction with a winery,
brewery, or distillery
A S A Part 5.75,
Chapter 20.80
Taproom or tasting room with
off-sale of alcohol
A A A Part 5.75,
Chapter 20.80
General Services
Bed and breakfast inn P P P Note b; Part 2,
Chapter 20.80
Hotel or motel P P P
Laundromat P P P Note b
Maintenance and repair of
small household appliances
P P P Note b
Personal services P P P Note d
Printing and publishing P P P Note b and Note f
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Health and Veterinary Services
Animal grooming P P P Note b
Animal boarding, indoor P P P Note b
Cannabis retail storefront R R R Part 9.75,
Chapter 20.80
Emergency ambulance
service
C - -
Hospital/in-patient facility C - -
Medical cannabis dispensary R R R Part 9.75,
Chapter 20.80
Office, medical P P P Note b
Veterinarian P P P Note b
Historic Reuse
Historic landmark structure
reuse
S S S Part 8.5, Chapter
20.80 Public, Quasi-Public and Assembly Uses
Auditorium C - C
Church/religious assembly P P -
Information center P P P
Museums and libraries P - P
Parks, playgrounds, or
community centers
P P S
Recycling Uses
Reverse vending machine S S - Part 13, Chapter
20.80 Small collection facility S S - Part 13, Chapter
20.80 Residential GP
Residential Emergency
residential shelter, more than
150 beds
CGP - - Note e; Section
20.80.500
Emergency residential
shelter, 150 beds or fewer
PGP - Note e; Section
20.80.500,
Chapter 20.195
Live/work uses PGP SGP Note e; Section
20.70.120
Low barrier navigation center PGP PGP - Chapter 20.195
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Permanent supportive
housing
PGP PGP - Chapter 20.195
Residential, multiple dwelling PGP PGP - Note 12, Note 13, and Note e
Co-living community S S - Note e; Part 3.75,
Chapter 20.80
Residential care facility for
seven or more persons
CGP CGP - Note e
Residential services facility,
for seven or more persons
CGP CGP - Note e
Hotel supportive housing CGP CGP - Note 9 and Note
e; Part 22 of
Chapter 20.80
Single room occupancy
(SRO) living unit facility
SGP SGP - Note 12 and Note
e; Part 15,
Chapter 20.80
Single room occupancy
(SRO) residential hotel
S S - Note 12 and Note
e; Part 15,
Chapter 20.80
Residential Accessory Uses GP
Accessory buildings and
accessory structures
PGP PGP - Note 1
Transportation and Communication
Community television antenna
systems
C - -
Off-site and alternating use
parking arrangements
P P P Section 20.90.200
Off-street parking
establishment
P P -
Short term parking lot for uses
or events other than on-site
S S -
Radio and television studios P - -
Wireless communications
antenna
S - - Note 8; Sections
20.80.1900,
20.80.1915
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Wireless communications
antenna, building mounted
P - - Note 8; Sections
20.80.1900,
20.80.1915
Utilities, Power Generation
Private electrical power
generation facility
C C -
Solar photovoltaic power
system
P P - Section
20.100.160 C.7.
Stand-by/backup facilities that
do not exceed noise or air
standards
A A -
Temporary stand-by/backup
generators
P P -
Vehicle Related Uses
Car wash, detailing P - -
Fuel service station or charge
station, no incidental service
or repair
P - - Note 6
Fuel service station or charge
station, with incidental service
or repair
P - -
Note 2
Sale and lease, vehicles and
equipment (less than one ton)
P - - Note 3
Sale and lease, Zero
Emission Vehicles and
equipment
P - - Note 10 Zero
Emission Vehicles
and Equipment
Defined by
California Code of
Regulations, Title
13, Section
1962.2(i)(18)
Tires, batteries, accessories,
lube, oil change, smog check
station, air conditioning
P - -
Note 4
Sale, vehicle parts, new P - -
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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. Outdoor vehicle display, storage, sales, or service is not permitted.
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).
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, 2026.1
10. Outdoor storage of inventory vehicles is permitted only if the parking spaces are fully screened and located at a minimum setback of one hundred fifty (150) feet from the front property lines.
The maximum number of parking spaces is limited to fifteen percent (15%) of all parking and paved areas or a maximum outdoor storage area of five thousand (5,000) square feet, whichever is more restrictive. Any other outdoor vehicle display, storage, sales, or service is not permitted. Notwithstanding this provision, one new vehicle may be displayed on a paved area outside of any on-site parking area, provided the display vehicle is not located within the public right-of-way and does not extend past the front of any on-site buildings.
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.
13. 100% deed-restricted affordable housing is a permitted use for residential housing type, and commercial space requirements shall not apply; subject to conformance with General Plan policies and state law mandates. Refer to Chapter 20.195 for information regarding the ministerial approval process.
Notes applicable to the Active Use 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.
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Item No.: 10.1(b)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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.
PASSED FOR PUBLICATION of title this ___ day of ______, 2024 by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk