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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
TITLE 20 OF THE SAN JOSE MUNICIPAL CODE (ZONING
ORDINANCE) (A) TO ADD PART 5 TO CHAPTER 20.65
ENTITLED “OVERLAY DISTRICTS” INCLUDING THE
ESTABLISHMENT OF THE “NEIGHBORHOOD BUSINESS
DISTRICT OVERLAY,” (B) THE ZONING DISTRICT MAP TO
ADD THE NEIGHBORHOOD BUSINESS DISTRICT
OVERLAY ZONING DISTRICT TO 213 PARCELS TO ALLOW
RESIDENTIAL USES IN THE NORTH 13TH STREET AND
JAPANTOWN (TAYLOR STREET ONLY) BUSINESS
DISTRICTS; (C) CHAPTER 20.40 ‘COMMERCIAL ZONING
DISTRICTS AND PUBLIC/QUASI-PUBLIC ZONING
DISTRICT’ TO ALLOW RESIDENTIAL USES, AS
DESCRIBED IN TABLE 20-90 OF SECTION 20.40.100 OF
CHAPTER 20.40, ‘COMMERCIAL ZONING DISTRICTS AND
PUBLIC/QUASI-PUBLIC ZONING DISTRICT USE
REGULATIONS’, WITH SPECIFIC DEVELOPMENT
STANDARDS, AS DESCRIBED IN TABLE 20-100 OF
SECTION 20.40.200 OF CHAPTER 20.40, ‘COMMERCIAL
ZONING DISTRICTS DEVELOPMENT STANDARDS’, IN THE
WILLOW GLEN NEIGHBORHOOD BUSINESS DISTRICT;
AND (D) CHAPTER 20.55 ‘URBAN VILLAGE AND MIXED
USE ZONING DISTRICTS’ TO ALLOW RESIDENTIAL USES,
AS DESCRIBED IN TABLE 20-138 OF SECTION 20.55.203
OF CHAPTER 20.55, ‘URBAN VILLAGE AND MIXED USE
ZONING DISTRICT USE REGULATIONS’, WITH SPECIFIC
DEVELOPMENT STANDARDS, AS DESCRIBED IN TABLE
20-136 OF SECTION 20.55.100 OF CHAPTER 20.55, ‘URBAN
VILLAGE AND MIXED USE ZONING DISTRICTS
DEVELOPMENT STANDARDS’ AND TABLE 20-137 OF
SECTION 20.55.104 OF CHAPTER 20.55, ‘MIXED USE
NEIGHBORHOOD DEVELOPMENT STANDARDS’ IN THE
NORTH 13TH STREET AND JAPANTOWN (TAYLOR
STREET ONLY) NEIGHBORHOOD BUSINESS DISTRICTS
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WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, the 2040 Envision San José General Plan establishes overlay land use designations including the Neighborhood Business District (NBD) Overlay designation; and
WHEREAS, on December 3, 2021, the City Council of the City of San José (“City”) approved inclusion of the Neighborhood Business District overlay districts in the General Plan, with the goal of using these overlay districts to meet the City’s housing goals and promote mixed use communities; and
WHEREAS, on __________, 2024, the City Council of the City of San José (“City”) approved an amendment to Chapter 20.65 of the San José Municipal Code and the Zoning District Map to create the Neighborhood Business District overlay to meet the City’s housing goals and promote mixed use communities and apply the Neighborhood Business District Overlay in the North 13th Street, Japantown (Taylor Street only), and the Willow Glen Neighborhood Business Districts; and
WHEREAS, the Zoning Ordinance and the Zoning District Map require amendment to provide consistency with the General Plan by establishing the corresponding Neighborhood Business District (“NBD”) Overlay District; and WHEREAS, this Council of the City of San José has considered and approves the information contained in the Envision San José 2040 General Plan Final Program Environmental Impact Report and related City Council Resolution No. 76041, and in the Envision San José 2040 General Plan Supplemental Environmental Impact Report and related City Council Resolution No. 77617, and Addenda thereto, and the determination NVF:AXY:DJF
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of consistency therewith prior to acting upon or approving the subject Zoning District Map and ordinance update;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. The foregoing recitals above are incorporated herein.
SECTION 2. The City of San José Zoning District Map of the City is hereby amended accordingly upon the effective date of this ordinance.
SECTION 3. The City of San José Zoning District Map is hereby amended to apply the Neighborhood Business District Overlay on 213 sites in the North 13th Street Neighborhood Business District, the Japantown (Taylor Street only) Neighborhood Business District, and the Willow Glen Neighborhood Business District, shown in Exhibit “A”, Exhibit “B”, and Exhibit “C”, attached hereto, and incorporated herein by reference.
SECTION 4. A new Part 5 is added to Chapter 20.65 of Title 20 of the San José Municipal Code, to be numbered, entitled and to read as follows:
Chapter 20.65 “Overlay Districts”
Part 5
Neighborhood Business District Overlay
20.65.240 Purpose.
Neighborhood Business District (“NBD”) Overlay. The purpose of the Neighborhood Business District Overlay is to recognize the variety of commercial and non-commercial uses which contribute to neighborhood identity by serving as a focus for neighborhood activity. The NBD designation functions as an “overlay” designation which is applied to predominantly commercial land use designations. The NBD Overlay allows residential NVF:AXY:DJF
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uses in the Japantown (Taylor Street only), North 13th Street, and Willow Glen Neighborhood Business Districts that is consistent with the standards and conditions specified in Part 5 of Chapter 20.65 and comply with the other requirements of this title.
Site specific land use issues and compatibility with adjacent uses shall be evaluated and addressed through the development permit application process.
20.65.250 Applicability and overlay location.
The Neighborhood Business District (“NBD”) Overlay applies to sites in Japantown (Taylor Street only), North 13th Street, and Willow Glen Neighborhood Business Districts on the General Plan Land Use/Transportation Diagram in the Envision San José 2040 General Plan and the Zoning District Map.
20.65.260 Overlay regulations and development standards.
The allowed uses and development standards for the Willow Glen Neighborhood Business District are specified below:
Table 20-142
Willow Glen Neighborhood Business District Overlay Development Standards Category Standard
Mixed Use Allowed, no minimum or maximum floor area
ratio (“FAR”)
Ground Floor Commercial Spaces Replace existing square footage of commercial or industrial space on site by
providing, at a minimum, an equivalent
square footage of ground floor commercial
space.
Where commercial or industrial uses do not
currently exist, no commercial space is
required unless the property is abutting
existing commercial uses that also front
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Lincoln Avenue. In these locations,
commercial space is required to be provided
along at least 60% of the primary street
frontage and must meet the development
standards for commercial space in mixed use
projects that are established in the Citywide
Design Standards and Guidelines document.
Maximum Residential DU/AC Sites less than 1.5 acres: 50 DU/AC Sites more than 1.5 acres: 65 DU/AC
Maximum Building Height Sites less than 1.5 acres: 50 feet Sites more than 1.5 acres: 65 feet
Lighting See Section 20.40.530
Parking See Chapter 20.90
Notes:
1. Setback regulations shall follow the underlying Zoning District.
20.65.270 Overlay regulations and development standards.
The allowed uses and development standards for the Japantown (Taylor Street only) Neighborhood Business District are specified below:
Table 20-143
Japantown (Taylor Street only) Neighborhood Business District Overlay Development Standards
Category Standard
Mixed Use Allowed, no minimum or maximum floor area
ratio (“FAR”)
Ground Floor Commercial Spaces
Replace existing square footage of
commercial or industrial space on site by
providing, at a minimum, an equivalent
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square footage of ground floor commercial
space.
Where commercial or industrial uses do not
exist at time of application for a development
permit, no commercial space is required
unless the property is abutting existing
commercial uses that also front Taylor Street.
In these locations, a residential project shall
provide ground-floor commercial space to
create continuity of the commercial frontage
along the primary street; Commercial space
is required to be provided along at least 60%
of the primary street frontage and must meet
the development standards for commercial
space in mixed use projects that are
established in the Citywide Design Standards
and Guidelines document.
Maximum Residential DU/AC North side of Taylor St: 50 DU/AC South side of Taylor St: 65 DU/AC
Maximum Building Height North side of Taylor St: 50 feet South side of Taylor St: 65 feet
Lighting See Section 20.55.103
Open Space Requirements See Table 20-137 in Section 20.55.104 Parking See Chapter 20.90
Notes:
1. Setback regulations shall follow the underlying Zoning District.
20.65.280 Overlay regulations and development standards.
The allowed uses and development standards for the North 13th Street Neighborhood Business District are specified below:
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Table 20-144
North 13th Street Neighborhood Business District Overlay Development Standards
Category Standard
Mixed Use Allowed, no minimum or maximum floor area
ratio (“FAR”)
Ground Floor Commercial Spaces
Replace existing square footage of
commercial or industrial space on site by
providing, at a minimum, an equivalent
square footage of ground floor commercial
space.
Where commercial or industrial uses do not
currently exist, no commercial space is
required unless the property is abutting
existing commercial uses that also front
North 13th Street. In these locations, a
residential project shall provide ground-floor
commercial space to create continuity of the
commercial frontage along the primary street;
Commercial space is required to be provided
along at least 60% of the primary street
frontage and must meet the development
standards for commercial space in mixed use
projects that are established in the Citywide
Design Standards and Guidelines document.
Maximum Residential DU/AC 50 DU/AC
Maximum Building Height 50 feet
Lighting See Section 20.55.103
Open Space Requirements See Table 20-137 in Section 20.55.104 Parking See Chapter 20.90
Notes:
1. Setback regulations shall follow the underlying Zoning District.
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SECTION 5. Table 20.90 Section 20.40.100 of Chapter 20.40 of Title 20 of the San José Municipal Code is hereby amended to read as follows:
20.40.100 Allowed Uses and Permit Requirements.
A. "Permitted" land uses are indicated by a "P" on Table 20-90.
B. "Conditional" uses are indicated by a "C" on Table 20-90. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100. "Conditional" uses which may be approved only on parcels designated on the land use/transportation diagram of the General Plan, as amended, with a designation that allows residential use are indicated by a "C GP" on Table 20-90. These uses may be allowed in such designated districts, as a part of mixed use residential/commercial, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100.
C. "Conditional" uses requiring City Council approval as the initial decision-making body are indicated by a "CC" on Table 20-90. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit approved by the City Council as set forth in Chapter 20.100. Applications for these uses shall first be considered by the Planning Commission at a public hearing of the Commission for the Commission's report and recommendation on the application to the City Council pursuant to the processes set forth in Chapter 20.100.
D. "Special" uses are indicated by 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 NVF:AXY:DJF
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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 section number or footnote applies to the use. In addition, all uses are subject to any other applicable provision of this Title 20 and any other title of the San José Municipal Code.
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Table 20-90
Commercial Zoning Districts and
Public/Quasi-Public Zoning District Use Regulations
Use
Zoning District Applicable Sections & Notes
CO
CP
CN
CG
PQ
P
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 fruitsfruits, 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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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
secondarypost-
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 -
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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
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
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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
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
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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 within Airport
Influence Area
- S S S S Section 20.80.500
Emergency residential
shelter outside of
Airport Influence Area
(more than 150 beds)
- S S S S Section 20.80.500
Emergency residential
shelter outside of
Airport Influence Area
(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
outside Neighborhood
Business District
Overlay
- C/
S
C C
GP
- Note 6, 25 and 26
Mixed use
residential/commercial
within Neighborhood
Business District
Overlay
- P P P - Note 28, 29 and 30
Permanent supportive
housing
- - - - P Note 27; Chapter 20.195
Residential care
facility for seven or
more persons
C C C C C
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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
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Wireless
communication
antenna, building
mounted
P P P P P Note 23; Sections 20.80.1910,
20.80.1915
Utilities, Electrical Power Generation
Co-generation facility S S S S S
Fuel cells P P P P P
Private electrical
power generation
facility
C C C C C Note 2
Solar photovoltaic
system
P P P P P Section 20.100.610 C.7.
Stand-by/backup
facilities that do not
exceed noise or air
standards
A A A P A
Stand-by/backup
facilities that do
exceed noise or air
standards
C C C C C
Temporary stand-
by/backup
P P P P P
Vehicle Related Uses
Accessory installation,
passenger vehicles
and pick-up trucks
- - C P -
Auto dealer, wholesale
- no on-site storage
P P P P -
Car wash, detailing - - C C -
Fuel service station or
charge station, no
incidental service or
repair
- C C P C Note 15
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
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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
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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-usemixed 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.
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10. Includes non-invasive engine service, maintenance, and repair, including but not limited to, air conditioning service, carburetor and fuel injection system service, electrical service, radiator coolant system service, and tune-up, fluid exchanges, steering and suspension system service, brake system service, transmission adjustment and service, lube, oil change, and smog check, diagnostics and vehicle inspections, stock catalytic converters and manifolds, as well as tires, batteries and accessories installation. Does not allow body repair, welding, vehicle restorations, other types of exhaust system repair, the removal of cylinder heads, engines, transmissions/transfer cases and differentials, or painting.
11. No outdoor sales areas or dismantling allowed.
12. In the CG district, incidental repair of vehicles requires a Special Use Permit.
Incidental repair of vehicles is prohibited in all other commercial districts.
13. All vehicle-related repair, service, and accessory or other installation shall be conducted within a fully enclosed building.
14. Bail bond establishments shall not be located and are prohibited uses on the ground floors of structures located within the main jail area, as that area is defined in Section 20.80.070 of Chapter 20.80 of this Title. Bail bond establishments are allowed as shown on Table 20-90 on other, above-ground floors of structures. All bail bond establishments shall meet all distance requirements specified in Section 20.80.075 of Chapter 20.80 of this Title.
15. Charging stations that are incidental to a separate primary use that do not impact on-site or off-site vehicular circulation, and that serve patrons of the primary use on-site are permitted in all commercial zoning districts.
16. Public schools are subject to the regulations of this Title, subject to the provisions of California Government Code Section 53094 for classroom facilities.
17. Primary uses include sporting events, assembly venues, concerts, and entertainment events of similar character and intensity. Incidental support uses include offices, locker rooms, retail, public eating establishments, drinking establishments, outdoor vending facilities, and other commercial uses of similar character and intensity.
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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.
28. The Neighborhood Business District Overlay includes North 13th Street/Luna Park, Japantown (Taylor Street only), and the Willow Glen Neighborhood Business District.
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29. 100% deed-restricted affordable housing is a permitted use 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.
30. One-hundred percent residential projects may be permitted if they meet ground floor commercial space standard in Table 20-142, Table 20-143, or Table 20- 144.
SECTION 6. Table 20-100 in Section 20.40.200 of Chapter 20.40 of Title 20 of the San José Municipal Code is amended to read as follows:
20.40.200 Development standards.
All development in the Commercial Zoning Districts and the Public/Quasi-Public Zoning District shall conform to the development regulations set forth below in Table 20-100.
Table 20-100
Commercial Zoning Districts
Development Standards
Regulations Zoning District
CO CP CN CG PQP
Minimum lot
area (square
feet or
acreage)
6,000 6,000; or as
established
in approved
Urban Village
Plan
6,000; or as
established
in approved
Urban Village
Plan
1 acre (none
if lot is
located in a
shopping
center with
shared
access and
shared
parking
among the
lots)
6,000
Minimum Setback (feet)
Front 10, or 15
where
adjacent to
side property
no minimum,
10 feet
maximum; or
as
10, or as
established
in approved
15 10; less than
10 if
established
in approved
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line of R-1
district
established
in approved
Urban Village
Plan
Urban Village
Plan
development
permit
Side,
interior
5 none; or as
established
in approved
Urban Village
Plan
None, or as
established
in approved
Urban Village
Plan
none 10; less than
10 if
established
in approved
development
permit
Side, corner 12.5 none; or as
established
in approved
Urban Village
Plan
12.5, or as
established
in approved
Urban Village
Plan
12.5 10; less than
10 if
established
in approved
development
permit
Rear,
interior
25 25; or as
established
in approved
Urban Village
Plan
None, or as
established
in approved
Urban Village
Plan
none 10; less than
10 if
established
in approved
development
permit
Rear,
corner
25 25; or as
established
in approved
Urban Village
Plan
None, or as
established
in approved
Urban Village
Plan
none 10; less than
10 if
established
in approved
development
permit
Maximum
height (feet)
(Note 1 and
3)
35, unless a
different
maximum is
established
in Chapter
20.85 50, unless a
different
maximum is
established
in Chapter
20.85; or as
established
in approved
Urban Village
Plan
50, unless a
different
maximum is
established
in Chapter
20.85, or as
established
in approved
Urban Village
Plan
65, unless a
different
maximum is
established
in Chapter
20.85 65, unless a
different
maximum is
established
in Chapter
20.85 Maximum
individual
occupant
square
footage
2,500/
Personal
service shop
5,000/Eating,
drinking or
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(square feet)
(Note 2)
entertain-
ment
establish-
ment
15,000/All
other uses
(See Note 2);
None in
approved
Urban Village
Plan
Parking
See Chapter
20.90 See Chapter
20.90; or
established
in approved
Urban Village
Plan
See Chapter
20.90, or as
established
in approved
Urban Village
Plan
See Chapter
20.90 See Chapter
20.90 unless
a different
minimum is
established
in an
approved
Development
Permit
Notes:
1. An alternative maximum height may be established as described in Chapter
20.85. Where an alternative maximum height restriction has been established as described in Chapter 20.85, that regulation described in Chapter 20.85 shall govern and control over the provisions of this section.
2. In the CP commercial pedestrian district, lots located wholly within the West San Carlos Street neighborhood business district, as indicated on the general plan land use diagram, shall not be subject to the maximum individual occupant square footage requirements set forth in this section.
3. An alternative maximum residential density and height may be established in the Neighborhood Business District Overlay as described in Part 5 of Chapter
20.65. Where an alternative maximum heights and residential density restrictions has been established as described in Part 5 of Chapter 20.65, that regulation shall govern and control over the provisions of this section.
SECTION 7. Table 20-136 in Section 20.55.100 of Chapter 20.55 of Title 20 of the San José Municipal Code is amended to read as follows:
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20.55.100 Development standards.
A. All development in the Urban Village and Mixed Use Zoning Districts shall conform to the development regulations set forth below in Table 20-136.
B. For MUN development standards see Table 20-137 in Section 20.55.104.
C. Mixed use developments in the North 13th Street, Japantown (Taylor Street only), and Willow Glen Neighborhood Business Districts shall conform to the development regulations set forth in Part 5 of Chapter 20.65.
Table 20-136
Urban Village and Mixed Use Zoning Districts
Development Standards
Regulations Zoning Districts
UVC UV MUC UR TR
Min. Lot Area 8,000 sq.
ft.
6,000 sq.
ft.
6,000 sq.
ft.
6,000 sq.
ft.
6,000 sq.
ft.
100% Commercial
FAR
Max. 8.0 Max. 10.0 0.25 - 4.5 1.0 - 4.0 2.0 - 12.0
Mixed use FAR N/A Max. 10.0 0.5 - 4.5 Max. 4.0 Max. 12.0 du/ac N/A Min. 55 Max. 50 Min. 30 Min. 50
100% Affordable
Residential du/ac
N/A 55 - 250 Max. 50 30 - 95 50 - 250
Residential projects must be one-hundred percent
affordable deed-restricted housing in the Mixed Use
Commercial zoning districts.
Max. Building Height Refer to Approved
Urban Village Plan
85 ft. 135 ft. 270 ft.
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For additional regulations for building heights refer to Chapter 20.85 Specific Height Restrictions.
For development located in areas with approved Urban
Village Plans refer to the Urban Village Plan for height regulations.
For development in the Neighborhood Business District
Overlay refer to Part 5 of Chapter 20.65 for height
regulations.
Additional regulations
for Urban Villages
For development in Urban Villages with an approved plan, refer to the Urban Village Plan for additional information on development standards and requirements
Additional Regulations
for the Neighborhood
Business District
Overlay
For development in the Neighborhood Business District
Overlay, refer to Part 5 of Chapter 20.65 for additional information on development standards and requirements.
Setback Regulations
Front Setback Maximum 10 ft.
Side Setback Maximum 10 ft.
Rear Setback Minimum 10 ft.
Public Open Space in
Setback areas
No setback shall be required to the property line abutting public plazas, paseos, POPOS, and other public open
spaces, which conform to the Citywide Design Standards
and Guidelines for Building Placement and Form,
Proportion, and Scale.
Exceptions to Setback
Regulations
Refer to Section 20.55.101
Additional Development Regulations
Ground-Floor
Commercial
Regulations for 100%
Commercial or Mixed
use
Refer to the Citywide Design Standards and Guidelines
for additional standards and regulations regarding minimum frontage, height, depth, and other requirements for ground- floor commercial spaces.
For development in the Neighborhood Business District
Overlay refer to Part 5 of Chapter 20.65 for additional information on additional standards and regulations
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regarding minimum frontage, height, depth, and other
requirements for ground-floor commercial spaces.
Common and Private
Open Space
Regulations for 100%
Residential and Mixed
use
Refer to Section 20.55.102
Lighting Refer to Section 20.55.103
Parking For general parking regulations, refer to Chapter 20.90 No unmounted camper or vehicle, other than those vehicles expressly specified and allowed under Title 17 of this Code, shall be kept, stored or parked for a period of time in excess of forty-eight consecutive hours in the front setback area of any lot or parcel containing a residential use. Such parking or storage is limited to paved surfaces.
SECTION 8. Table 20-137 in Section 20.55.104 of Chapter 20.55 of Title 20 of the San José Municipal Code is amended to read as follows:
20.55.104 MUN mixed use neighborhood development standards.
The MUN Mixed Use Neighborhood district provides conventional development standards and alternate development standards in order to accommodate a mix of housing product types.
A. Conventional standards: Applicable to developments where all lots have frontage on and direct access to a public street, and where all buildings provide a setback to property lines.
B. Alternate standards: Applicable to small-lot development characterized by access to lots provided off courts, driveways, and private streets, and/or with buildings without setbacks to property lines. Development using the Alternate NVF:AXY:DJF
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standards require that site development permits and subdivisions must be reviewed and acted upon concurrently.
Table 20-137
Mixed Use Neighborhood Development Standards
Regulations MUN
Conventional Alternate
Minimum Lot Area
(excluding Accessory
Dwelling Units)
1,452 square feet per unit No Minimum. Entire
project must be covered by
a single development
permit. Cannot exceed 30
dwelling units/acre
Lot Frontage
Requirements to Public
Right-of-Way
Requires at least 30 ft. of
contiguous frontage on a
public right-of-way, with
vehicular and/or
pedestrian access to the
right-of-way
None required, provided all
lots have access from a
public right-of-way
provided by easement
Floor Area Ratio
100% Commercial FAR 0.25 - 2.0 100% Commercial
development must follow
Conventional Standards
Mixed use
Additional
regulations
for the
Neighborho
od Business
District
Overlay
Alternative maximum height and residential density
restrictions been established in the Neighborhood
Business District Overlay as described in Part 5 of
Chapter 20.65, that regulation described in Part 5 of
Chapter 20.65 shall govern and control over the
provisions of this section.
FAR 0.25 - 2.0
du/ac Max. 30
100% Residential du/ac Max. 30
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FAR for Single-family
Detached Residences, not
including ADUs
3,000
sq. ft. or
less
0.6 Max
FAR
Max. 2.0 FAR
across the entire
development site
3,000 -
6,000
sq. ft.
0.5 Max
FAR
6,000
sq. ft. or
greater
0.45 Max
FAR
FAR for single-family
homes and duplexes in
floodplain areas
For the purposes of this Chapter, development in the
Mixed Use Neighborhood zoning district, which is
located on a site within a flood zone with a one hundred- year flood depth, where City policy requires elevation of the first finished floor of the proposed house to a height of at least five feet above grade, shall comply with the following provisions
1. Where the finished first story is elevated by at least five feet above grade:
a. The at grade, unoccupied space shall not
constitute a story or floor and shall not count toward the overall FAR calculation or the maximum number of
stories as described in this section.
b. The at grade unoccupied space shall not constitute
a floor or story as it relates to the Conventional or
Alternate Setbacks regulations within this section.
c. The overall maximum building height, including at
grade space that is not occupiable, is set at a maximum of 40 feet.
Conventional Setback Regulations
Front Setback Minimum 10 ft.
Interior Side Setback Minimum 3 ft. for development up to 2.5 stories; Minimum 5 ft. setback for development up to 2.5 stories for properties adjacent to property designated as
Residential Neighborhood
Minimum 8 ft. for development more than 2.5 stories;
Minimum 10 ft. setback for development more than 2.5
stories for properties adjacent to property designated as Residential Neighborhood
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Street Side Setback Minimum 5 ft. for development up to 2.5 stories; Minimum 10 ft. for development more than 2.5 stories
Rear Setback Minimum 10 ft. for development up to 2.5 stories; Minimum 15 ft. for development more than 2.5 stories
Distance between
structures
Garage door to garage door must have a minimum of
20 ft min.
The front of structures must be at least 15 ft. distance.
Exceptions to Setback
Regulations
Refer to Section 20.55.101
Alternate Setback Regulations
Setback to Public Right-of-
Way
Minimum 10 ft.
Minimum 20 ft. to face of garage door to face of garage door
Setback to adjoining
property line of property
not covered by same
development permit
Minimum 5 ft. side setback for development up to 2.5
stories;
Minimum 10 ft. side setback for development up to 2.5
stories for properties adjacent to property designated as Residential Neighborhood.
Minimum 10 ft. rear setback for development more than
2.5 stories;
Minimum 15 ft. rear setback for development more than
2.5 stories for properties adjacent to property
designated as Residential Neighborhood.
Setback to property line
within project boundary
covered by same
development permit
Front to front setbacks shall be no less than 15 ft.
Dwelling units shall be setback a minimum of 6 ft. from accessory structures.
No side setbacks are required; subject to compliance
with Building and Fire Codes
Distance between
structures
Face of garage door to face of garage door shall have a minimum
distance of 20 ft. from each other.
The front of structures shall be developed at a minimum of 15 ft. distance from each other.
Exceptions to Setback
Regulations
Refer to Section 20.55.101
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Additional Development Regulations for Conventional
and Alternate
Single-
Family
dwelling unit
(Detached)
Two-family
dwelling unit
(Duplex)
Townhouse
or
Rowhouse
Multiple
Dwelling,
Mixed use,
or 100%
Commercial
Max. Building Height 35 ft. 35 ft. 40 ft. 45 ft
Max. Number of Stories 2.5 2.5 3 4
Private Open Space
Requirements for 100%
Residential or Mixed use
Development
400 sq. ft.
per unit
300 sq. ft.
per unit
300 sq. ft.
per unit
60 sq. ft.
per unit
Minimum width for Private open space shall be 15 ft.
Common Open Space
Requirements
Mixed use Development which includes 15 or more
units shall provide common open space at a minimum
of 75 square feet per residential unit
100% Residential Development which includes 15 or
more units shall provide common open space at a
minimum of 100 square feet per residential unit
Ground-Floor Commercial
Regulations for 100%
Commercial or Mixed use
Refer to the Citywide Design Standards and Guidelines
for additional information regarding minimum frontage,
height, depth, and other requirements for ground-floor
commercial spaces.
Regulations for
development in Urban
Villages
For development in approved Urban Village areas, refer
to the Urban Village Plan for additional regulations and requirements for development standards.
Regulations for
development in the
Neighborhood Business
District Overlay
For development in the Neighborhood Business
Districts, refer to Part 5 of Chapter 20.65 for additional regulations and requirements for development
standards.
Lighting Refer to Section 20.55.103
Fence Regulations Refer to Table 20-80 in Chapter 20.30 for fence regulations.
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No unmounted camper or vehicle, other than those
vehicles expressly specified and allowed under Title 17 of this Code, shall be kept, stored or parked for a period of time in excess of forty-eight consecutive hours in the front setback area of any lot or parcel containing a
residential use. Such parking or storage is limited to
paved surfaces.
Front Setback and Façade Regulations for Single-family
Homes
Floor level of ground floor The finished floor level of the ground floor (1st floor) must be within four vertical feet of the closest sidewalk.
Finished floor is defined as the uppermost surface of a floor once construction has been completed and all floor finishes have been applied.
Residential Frontages
facing a public right of way
Every dwelling that fronts a public street must have a
door, other than a garage door, which is accessible to
the street and enters a living space that is not a garage or bedroom.
Minimum 20% clear glazing per individual ground floor
of a dwelling unit
No more than 50% of the required front setback shall be paved with asphalt, cement or any other impervious or
pervious surface.
Setback to garage Minimum 20 ft. from front property line No more than one curb cut per 30 ft of frontage shall be permitted.
Setback to front porch,
balconies, bay windows,
awnings, open patios, and
stoops
Minimum 5 ft. from front property line
Setbacks from adjoining
property to balconies and
unenclosed stairs
Dwelling units which that share property lines with
property containing a single-family residence or two-
family residence, that is are designated as Residential Neighborhood, shall ensure that balconies, porches, or
unenclosed stairs maintain a minimum setback of 15 ft.
from the rear and side property line measured from the
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not be located along building walls parallel to side or rear property lines.
Variation in architectural
styles for development of 5
units or more under a
single development permit
Architectural variation shall be achieved through the
following criteria:
Front Setbacks and Porches
1. No more than 3 adjacent dwelling structures may
be constructed with the same front setback; front
setbacks must vary by at least 5 ft.
2. No more than 3 adjacent units shall have the same
porch dimensions or orientation
Roof Lines
1. No more than 3 adjacent dwelling unit structures
may have the same angles of roof pitch, styles, or
roofing materials
2. Development of 5-10 units shall have at least 3
different angles of roof pitch, styles, or roofing materials
3. Development of 11-20 units shall have at least 5
different angles of roof pitch, styles, or roofing materials
4. Development of more than 20 units shall have at
least 7 different angles of roof pitch, styles, or roofing materials
Building Materials and Colors
1. At least 20% of dwelling unit façades shall be
composed of different building materials or colors
2. At least 50% of dwelling units shall introduce a
different building material for 20% of the exterior façade.
SECTION 9. Table 20-138 in 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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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 Notes & Sections
UVC UV MUC MUN UR TR
Residential
One-family dwelling - - - P P P Note 6; Note 25
Two-family dwelling - - - P P P Note 6; Note 25
Accessory dwelling
unit
- P P P P P Part 4.5, Chapter
20.30 Mixed use
development
- P P P P P Note 20; Note 25
Chapter 20.195
Mixed use
development in
Neighborhood
Business District
Overlaover
- - P P - - Note 27
Multiple dwelling - P P P P P Note 20; Note 25
Chapter 20.195
Streamlined Infill
Housing
Development
(outside of the
Airport Influence
Area)
- PGP PGP - PGP PGP Note 28; Section
20.200.1225;
Chapter 20.195,
Part 4
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
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Emergency
residential shelter
outside of Airport
Influence Area
(more than 150
beds)
- S S S S S Section 20.80.500
Emergency
residential shelter
outside of Airport
Influence Area (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
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
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 fruitsfruits,
and vegetables
P P P P P P Part 10, Chapter
20.80 Pawnshop/broker C - C - - - See Title 6
Retail art studio P P P P P P Section 20.80.1175 Retail bakery P P P P P P
Retail sales, goods,
and merchandise
P P P P P P
Seasonal sales P P P P P P Part 14, Chapter
20.80 NVF:AXY:DJF
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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Item No.: 10.2
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
School, driving
(class C & M
license)
P P P P P P Note 3
School, post-
secondary
P P P P P P
School, trade and
vocational
P/S P/S P/S P/S P/S P/S Note 4 and Note 13
Entertainment and Recreation
Arcade,
amusement game
P P P P P P
Health club,
gymnasium
P P P P P P
Performing arts
rehearsal space
P P P P P P
Poolroom/billiards
establishment
P P P P P P
Private club or
lodge
S S S S S S
Recreation,
commercial indoor
P P P P P P
3Recreation,
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
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Item No.: 10.2
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Commercial kitchen P P P - S S
Drinking
establishments
S S S - S S
Drinking
establishments
interior to a full-
service hotel or
motel that includes
75 or more guest
rooms
P P P P P P Section 20.80.475
Public eating
establishments
P P P P P P
Public eating
establishment or
retail establishment
with incidental
outdoor dining
P P P P P P Section 20.40.520
Public eating
establishment in
conjunction with a
winery, brewery, or
distillery
P P P P P P Part 5.75, Chapter
20.80 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 NVF:AXY:DJF
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
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 NVF:AXY:DJF
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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
Museums, libraries,
parks, playgrounds,
or community
centers (publicly
operated)
P P P P P P
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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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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
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Sale, vehicle parts S S S - S S Note 9
For all other vehicle related uses refer to the General Use Regulations as described in section 20.55.201 (K)
Notes:
1. Alcohol, off-sales are limited to products manufactured on-site for wineries, breweries, or distilleries.
2. Landscaping materials, such as rock, mulch, and sand are limited to prepackaged sales.
3. Classroom use only, no driving courses or on-site storage of vehicles permitted in UVC, UV, MUC, MUN, UR or TR Zoning Districts.
4. Indoor uses related to trade or vocational schools are Permitted, any outdoor uses will require a Special Use Permit.
5. If the Daycare use exceeds the noise standards, as set forth in Chapter 20.40 in Section 20.40.600, it will require a Special Use Permit.
6. One-family dwellings or two-family dwellings are allowed as part of a larger development which meets the minimum density requirement in the UR and TR zoning districts.
7. Except as an incidental use to neighborhood agriculture, all uses involving any type of care for animals, including but not limited to grooming, boarding, medical care, must be conducted wholly inside a building.
8. Incidental repair includes non-invasive engine service, maintenance, and repair, including but not limited to, air conditioning service, fuel system service, electrical service, coolant system service, tune-up, fluid exchanges, steering and suspension system service, brake system service, transmission adjustment and service, lube, oil change, smog check, diagnostics and vehicle inspections, stock catalytic converters and manifolds, as well as tires, batteries and accessories installation. Does not allow body repair, welding, vehicle restorations, other types of exhaust system repair, the removal of cylinder heads, engines, transmissions/transfer cases and differentials, or painting.
9. No outdoor sales areas or dismantling allowed.
10. All vehicle-related repair, service, and accessory or other installation shall be conducted within a fully enclosed building.
11. Bail bond establishments shall not be located and are prohibited uses on the ground floors of structures located within the main jail area, as that area is defined in Section 20.80.070 of Chapter 20.80 of this Title. Bail bond establishments are allowed as shown on Table 20-138 on other, above-ground NVF:AXY:DJF
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floors of structures. All bail bond establishments shall meet all distance requirements specified in Section 20.80.075 of Chapter 20.80 of this Title.
12. Charging stations that are incidental to a separate primary use that do not impact on-site or off-site vehicular circulation, and that serve patrons of the primary use on-site are permitted in all commercial zoning districts.
13. Public schools are subject to the regulations of this Title, subject to the provisions of California Government Code Section 53094 for classroom facilities.
14. Primary uses include sporting events, assembly venues, concerts, and entertainment events of similar character and intensity. Incidental support uses include offices, locker rooms, retail, public eating establishments, drinking establishments, outdoor vending facilities, and other commercial uses of similar character and intensity.
15. Use permit applications for stadiums that consist of more than 2,000 seats and that are in airport influence areas shall be referred to the Santa Clara Airport Land Use Commission prior to approval by the City.
16. Neighborhood agriculture in conformance with this Title is a permitted use that may operate on a site without a permanent building on that site.
17. Hotel supportive housing may be permitted only with a Conditional Use Permit pursuant to Part 22 of Chapter 20.80 and only until December 31, 2026.
18. Certain modifications of existing wireless facilities may be permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.
19. Conditional Use Permit required outside of Urban Villages; Special Use Permit in Urban Villages.
20. Permanent supportive housing is a permitted use as mixed use or residential- only development. For information regarding the ministerial approval process, refer to Chapter 20.195 for more information.
21. Research and Development is allowed through a Special Use Permit in TR and UR if the use on site does not involve activity that would create noxious sounds, smells, or vibrations.
22. For the purposes of Chapter 20.55, Food and Beverage manufacturing is considered to be permitted under the Manufacturing and Assembly, light use, if it meets all of the following criteria:
a. The use must include a retail space which is accessible from and adjacent to the street and open to the public during regular business hours. b. Odors produced on-site shall not have a material negative effect on other businesses or properties in the area.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
23. Surface parking which does not serve a use contained on the same site or under the same Development Permit is not permitted. Standalone parking structures are allowed under the following conditions:
a. Parking structures shall comply with the Citywide Design Standards and Guidelines.
b. In addition, the parking facility must meet one of the following criteria:
i. The parking facility shall be designed as a structured aboveground parking facility with ground floor commercial spaces, which are located along public rights-of-way or public open spaces, and which comply with Citywide Design Standards and Guidelines for ground floor commercial spaces.
ii. The parking facility shall be designed as an underground parking facility with a POPOS at grade level, which is open to the public 24 hours a day, and which complies with the Citywide Design Standards and Guidelines.
24. In UVC and MUC, sale and leasing of vehicles is permitted in the form of an interior showroom only with no on-site storage of vehicles other than display models in the showroom.
25. May be used as Transitional Housing.
26. 100% deed-restricted affordable housing is a permitted use for residential housing type that meets 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.
27. The Neighborhood Business District Overlay includes North 13th Street/Luna Park, Japantown (Taylor Street only), and the Willow Glen Neighborhood Business District.
28. Ministerial streamlined review process for housing development projects. See Section 20.200.1225 and Chapter 20.195 for projects that qualify.
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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
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A-1
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EXHIBIT “A”
NBD OVERLAY SITES - WILLOW GLEN NEIGHBORHOOD BUSINESS DISTRICT
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT “B”
NBD OVERLAY SITES – NORTH 13TH STREET NEIGHBORHOOD
BUSINESS DISTRICT
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C-1
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT “C”
NBD OVERLAY SITES - JAPANTOWN (TAYLOR STREET ONLY)
NEIGHBORHOOD BUSINESS DISTRICT