Part 10.5

CONVERSION OF PARKING TO OTHER OUTDOOR USES

Sections:

20.80.892 Administrative permit required.

20.80.893 Exception - Administrative permit.

20.80.895 Conditions of issuance.

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§ 20.80.895

This part regulates the conversion of previously permitted vehicular parking areas into areas designated for outdoor dining or other outdoor uses associated with an on-site business, including outdoor dining uses within 150 feet of residentially zoned property. The specific purposes of this part are to safeguard the urban environment by permitting such uses in a manner consistent with safe and efficient circulation of pedestrian and vehicles, protecting the safety of users of the outdoor areas and by protecting the integrity and character of the surrounding neighborhood, properties and uses. (Ords. 30857, 31079.)

No person shall convert a previously permitted vehicular parking area into space designated for outdoor dining or other outdoor uses associated with an on-site use on any privately owned parcel or lot except in compliance with an administrative permit issued pursuant to this title. (Ords. 30857, 31079.)

Nothing in this part shall regulate or prohibit the following uses:

1. The conversion of existing parking to outdoor dining or other outdoor activity area may be allowed through a Permit Adjustment, pursuant to section 20.100.500.A.15. if the following requirements are met:

   • a. Outdoor dining or other outdoor activity area does not affect on-site vehicular circulation.

   • b. Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district, it shall conform to this Part except that the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of

one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet; and

  - c. Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district, it shall conform to this Part except that the use shall not operate between the hours of 9:00 p.m. to 7:00 a.m. on Monday through Thursday, and 10:00 p.m. to 7:00 a.m. on Friday through Sunday. 

2. The conversion of existing parking to outdoor dining or other outdoor activity area that would not be in conformance with this Part may only be allowed through a Special Use Permit, pursuant to Chapter 20.100, Part 7.

• (Ords. 30857, 31079.)

All conversions of parking to outdoor dining or other outdoor activity area must comply with the following conditions:

1. Outdoor dining or other outdoor activity areas shall be designed to maintain necessary clearances for circulation and access to public right-of-way; and

2. In areas no longer used for parking, wheel stops and striping shall be removed; and

3. Circulation and drive aisles shall be modified as necessary to ensure continuous safe operation of the remaining parking and drive aisles; and

4. Seating areas shall be differentiated from parking area through grade differentials (minimum 6 inches) or permanent barriers that are architecturally consistent with the site; and

5. Driveways and curb cuts that are no longer utilized shall be removed; and

6. Chain link fencing is prohibited; and

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§ 20.80.895

7. Outdoor dining area or other outdoor activity areas must not have electrical cords that may cause injury; and

8. The existing facility must meet on-site bicycle parking requirements per Chapter 20.90, Part 2.5; and

9. A maximum of fifty (50) seats and 800 square feet may be allowed per establishment; and

10. If the dining area or other outdoor activity area will include a temporary canopy larger than 700 square feet or a tent larger than 400 square feet in the outdoor dining area, it will also require a permit from the San José Fire Department; and

11. For outdoor dining or other outdoor activity area outside of downtown that is within 150 feet of residentially zoned property, no amplified sound is allowed unless the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet. If the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet, amplified sound is permitted where it is not audible to adjacent sites; and

12. For outdoor dining or other outdoor activity area that is not within 150 feet of a residential zoning district no amplified sound that is audible to adjacent sites with the exception of downtown. No amplified sound that is disturbing or unreasonably loud to persons on neighboring property shall be audible to adjacent sites in downtown; and

13. The outdoor dining or other outdoor activity area shall not produce any noise that does not comply with the performance standards of the Zoning district it is situated within; and

14. Outdoor dining or other outdoor activities shall not operate between the hours of 12:00 midnight and 6:00 a.m.; Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district the use shall not operate between the hours of 9:00 p.m. to 7:00 a.m. on Monday through Thursday, and 10:00 p.m. to 7:00 a.m. on Friday through Sunday; and

15. The outdoor dining or other outdoor activity area is operated in a manner that does not create a private or public nuisance; and

16. Project must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable.

• (Ords. 30857, 31079.)

Part 11

OFF-SALES OF ALCOHOLIC BEVERAGES

Sections:

• A. A conditional use permit may be issued pursuant to the applicable provisions of this title for the off-sale of any alcoholic beverages only if the decision-making body first makes the following additional findings, where applicable:

  1. For such use at a location closer than five hundred feet from any other such use involving the off-sale of alcoholic beverages, situated either within or outside the city, that the proposed location of the off-sale alcohol use would not result in a total of more than four establishments

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§ 20.80.900

that provide alcoholic beverages for offsite consumption within a one thousand foot radius from the proposed location.

2. For such use at a location closer than five hundred feet from any other use involving the off-sale of alcoholic beverages, situated either within or outside the city, where the proposed location of the offsale of alcoholic beverages use would result in a total of more than four establishments that provide alcoholic beverages for off-site consumption within a one thousand foot radius from the proposed location, that the resulting excess concentration of such uses will not:

   • a. Adversely affect the peace, health, safety, morals, or welfare of persons residing or working in the surrounding area; or

   • b. Impair the utility or value of property of other persons located in the vicinity of the area; or

   • c. Be detrimental to public health, safety or general welfare.

3. For such use at a location closer than five hundred feet from any child care center, public park, social service agency, residential care facility, residential service facility, elementary school, secondary school, college or university, or one hundred fifty feet from any residentially zoned property, that the building in which the proposed use is to be located is situated and oriented in such a manner that would not adversely affect such residential, child care center, public park, social service agency, residential care facility, residential service facility and/or school use.

of public convenience and necessity under the provisions of Chapter 6.84 of Title 6 of this Code, and the planning commission cannot make the required findings under Section 6.84.030 of Chapter 6.84 of Title 6 of this Code, the planning commission shall make a report and recommendation to the city council on said conditional use permit application. In this instance, the city council shall be the initial and final decision-making body on said conditional use permit application.

• D. In the Downtown Primary Commercial Zoning District (DC), an Administrative Permit or a Special Use Permit may be issued for a taproom or tasting room with off-sale of alcohol either as a standalone use or in conjunction with an alcohol manufacturing site such as a winery, brewery, or distillery, pursuant to the regulations set forth in Part 5.75 of Chapter 20.80, and are not subject to the above conditional use permit requirements.

oning District (DC), an Administrative Permit or a Special Use Permit may be issued for a taproom or tasting room with off-sale of alcohol either as a standalone use or in conjunction with an alcohol manufacturing site such as a winery, brewery, or distillery, pursuant to the regulations set forth in Part 5.75 of Chapter 20.80, and are not subject to the above conditional use permit requirements.

• E. In Commercial Zoning Districts (CP, CN, and CG), Urban Village (UV and UVC), Mixed Use (MUC, MUN, UR, and TR), and Industrial Zoning Districts (CIC, TEC, IP, HI, and LI), an Administrative Permit or a Special Use Permit may be issued for a taproom or tasting room with off-sale of alcohol in conjunction with a winery, brewery, or distillery, pursuant to the regulations set forth in Part 5.75 of Chapter 20.80, and are not subject to the above conditional use permit requirements.

• (Ords. 26248, 27564, 29046, 30372, 30603.)

• B. The off-sale of alcohol as incidental sales in conjunction with the sale of gift baskets, balloons and flowers is exempt from the requirement of a conditional use permit.

• C. Where a conditional use permit application requesting the off-premises sale of alcoholic beverages also would require a determination

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§ 20.80.1010

Part 12

PAY TELEPHONES ON PRIVATE PROPERTY

Sections:

20.80.1000 Permit required. 20.80.1010 Amortization.

telephone which serves the members of the public on any privately owned parcel or lot that does not meet the criteria set forth in Table 20-180.

• B. A pay telephone which does not meet the criteria set forth in Table 20-180 may be approved with a special use permit issue pursuant to this title.

• A. No person shall place or operate or allow or suffer the placement or operation of any pay

Table 20-180 Pay Telephone Criteria

• Location 1. Pay telephones shall be located inside a building; or, attached to the wall of the building outside or free-standing within one foot of the outside wall, measured horizontally from the wall, at a distance no greater than twenty-five feet from the primary entrance to the building, and in no case on a wall other than that containing the primary entrance.

• 2. All outside pay telephones shall allow for a minimum five-foot pedestrian access between the pay telephone and the edge of the walk or the private property line, whichever is closer.
• 3. No pay telephones shall be allowed on any unimproved parcel.

• Quantity No more than two exterior pay telephones per building are allowed. Lighting Lighting is limited to the pay telephone fixture. No additional lighting shall be placed on the wall of the building except by approval of the director.

• Signage 1. Signage shall be limited to the pay telephone fixture and not exceed one square foot. No signage shall be constructed independent of such pay telephone fixture.

  2. Signage is limited to identification of the pay telephone. No independent advertisement is allowed.

(Ords. 26248, 26455.)

Any pay telephone for use by the general public existing on February 19, 2001, which does not conform to the provisions of this part, shall be regarded as a nonconforming use. Any such pay telephone existing on September 21, 2001 that does not conform to the additional provisions of this part that became effective on that date, regarding location of a public pay telephone on a wall containing a primary entrance and/or regarding a min-

imum five-foot pedestrian access between the public pay telephone and the private property line, shall be regarded as a nonconforming use. Such pay telephones shall abide by the provisions for amortization in Section 20.150.300 of this title. (Ords. 26248, 26455.)

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§ 20.80.1050