Part 13.7

RETAIL ART STUDIO

Sections:

• A. Retail art studios are a permitted use in the CP, CN, CG, UVC, UV, MUC, MUN, UR, TR, MS-G, MS-C, DC and DC-NT1 districts only if all of the following criteria are met:

  1. The use is located on the ground floor of a building; and

  2. A maximum of one thousand five hundred square feet of the total floor area is

Notwithstanding anything in this title to the contrary, seasonal sales, including the sale of Halloween pumpkins and Christmas trees, may be held on lots in the CO, CP, CN, CG, UVC, UV, MUC, MUN, UR, TR, IP, LI, and HI zoning districts, as well as on lots zoned planned development where the permitted uses align with the permitted uses in the aforementioned lots. Such seasonal sales may also be held on property in any zoning district if such property is designated public/quasi-public on the land use/transportation diagram of the general plan and the property is currently being used for uses consistent with that designation. (Ords. 26248, 30603.)

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The following regulations shall apply to all seasonal outdoor Halloween pumpkin and Christmas tree sales lots:

• A. Seasonal outdoor Halloween pumpkin sales are allowed between October 1 and November 5, inclusive;

• B. Seasonal outdoor Christmas tree sales are allowed between November 6 and December 30, inclusive;

• C. Temporary structures and buildings one hundred twenty square feet or less in floor area are allowed if they are located at least twenty feet from any property line;

• D. Activity associated with seasonal outdoor Halloween pumpkin and Christmas tree sales may not be conducted on any portion of a lot which is closer than one hundred feet to any residentially used lot.

• E. Seasonal outdoor Halloween pumpkin and Christmas tree sales must occur in an area designated for such sale as set forth in any development permit issued for the site.

• (Ords. 26248, 26455, 30603.)

Part 15

SINGLE ROOM OCCUPANCY FACILITIES

Sections:

• A. No conditional use permit may be issued for an SRO living unit facility or SRO residential hotel unless the following criteria are met:

• B. SRO living unit facility.

  1. Excluding the closet and the bathroom area, an SRO living unit must be a minimum of one hundred fifty (150) square

feet in floor area. The average unit size in a living unit facility shall be no greater than two hundred seventy-five (275) square feet and no individual living unit may exceed four hundred (400) square feet.

2. Each SRO living unit shall be designed to accommodate a maximum of two (2) persons.

3. An SRO living unit is not required to but may contain partial or complete kitchen and bath facilities. If individual bath facilities are not provided, common bath facilities must be provided in accordance with Subsection B of Section 17.20.290 of Title 17 of the San José Municipal Code. If individual kitchen facilities are not provided, common kitchen facilities must be provided that adequately serve the residents of the SRO living unit facility. Additional requirements may be imposed by the planning commission.

4. Individual SRO living units may not have separate external entryways.

5. The SRO living unit facility must have a management plan approved by the department of housing.

6. Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every twenty (20) units or fractional number thereof.

7. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold running water must be provided on each floor of the living unit building.

8. The SRO living unit facility shall provide interior common space based on the unit size as follows:

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  - An SRO living unit facility must provide at least two hundred (200) square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways. 

• C. SRO residential hotel:

  1. Excluding the closet and bathroom space, an SRO residential hotel unit must be at least seventy (70) square feet in floor area, and may have a maximum of two hundred nineteen (219) square feet in floor area.

  2. An SRO residential hotel room between seventy (70) and one hundred nineteen (119) square feet in floor area shall be designed to accommodate a maximum of one (1) person, and an SRO residential hotel room between one hundred twenty (120) and two hundred nineteen (219) square feet in floor area shall be designed to accommodate a maximum of two (2) persons.

3. An SRO residential hotel unit may contain partial kitchen and bath facilities. If individual bath facilities are not provided, common bath facilities must be provided in accordance with Subsection B of Section 17.20.290 of Title 17 of the San José Municipal Code.

   4. Individual SRO residential hotel units may not have separate external entryways.

   5. The SRO residential hotel must have a management plan approved by the department of housing.

   6. A closet and designated storage space is required in every SRO residential hotel room.

   7. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold running water must be provided on each floor of the residential hotel room.

   8. The SRO residential hotel shall provide a minimum two hundred (200) square feet of interior common area.

• D. Kitchen and bathroom facilities:

  1. For purposes of this section, a partial bathroom contains a water closet and sink which may be utilized for both hygiene and cooking purposes.

  2. A full kitchen contains all of the following: a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these facilities.

  3. The planning commission or the city council shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate that the project will comply with these criteria.

(Ord. 26248.)

Part 16

TEMPORARY OUTDOOR USES OF PRIVATE PROPERTY

Sections:

20.80.1400 Outdoor private property special event.

• 20.80.1410 Director.

• 20.80.1420 Permit required.

• 20.80.1440 Residential zoning districts.

• 20.80.1450 Event permits for outdoor private property special events.

• 20.80.1460 Reserved.

20.80.1470 Reserved.

• 20.80.1480 Reserved.

• 20.80.1490 Regulations.

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• 20.80.1530 Conduct of outdoor private property special event.

• 20.80.1550 Revocation.

• 20.80.1560 Notice of decision.

An outdoor private property special event is a temporary outdoor use of private property that meets the criteria in either subsections A. or B. below.

• A. The outdoor private property special event will displace parking for the existing use or uses on the site.

• B. The outdoor private property special event requires a permit under the jurisdiction of any of the following agencies:

  1. San José Police Department;

  2. San José Fire Department; or

  3. California Department of Alcohol Beverage Control.

(Ords. 26248, 26455, 29218, 30857.)

Unless otherwise stated, the term "director" as used in this part shall mean the director of Office of Economic Development or the head or director of the department designated by the city manager to administer the provisions of this part. (Ords. 26248, 30373.)

• A. No person shall operate or allow or suffer the operation of an outdoor private property spe-

cial event except in compliance with an event permit issued pursuant to this part, or a special use permit, or a conditional use permit issued pursuant to Chapter 20.100 pursuant to the provisions of this part.

• B. Subject to the provisions of Subsection 20.80.1420.D below, an applicant for an outdoor private property special event that will not exceed thirty (30) consecutive days and forty-five (45) total days in any calendar year but does not meet the requirements for an event permit may apply for and shall be required to first obtain a special use permit issued pursuant to the provisions of Chapter 20.100.

• C. Subject to the provisions of Subsection 20.80.1420.D below, an applicant for an outdoor private property special event that will exceed thirty (30) consecutive days and fortyfive (45) total days in any calendar year but does not meet the requirements for an event permit may apply for and shall be required to first obtain a conditional use permit issued pursuant to the provisions of Chapter 20.100.

• D. Notwithstanding the provisions of Subsections 20.80.1420.B and C above, an applicant for an outdoor private property special event of any length within the downtown core area may apply for and shall be required to first obtain an event permit issued pursuant to the provisions of this part when the outdoor event also is authorized to use outdoor public property as an integral component of the outdoor event and any one (1) of the following permits for the outdoor event have been issued by the city:

  1. A Paseo/Plaza Use Permit pursuant to the provisions of Chapter 13.22 of Title 13 of this Code; or

  2. A park use permit pursuant to the provisions of Chapter 13.44 of Title 13 of this Code; or

  3. A street closure permit pursuant to the provisions of Chapter 13.16 of Title 13 of this Code; or

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4. A parade permit pursuant to the provisions of Chapter 13.12 of Title 13 of this Code.

• (Ords. 26248, 27441, 28449.)

Outdoor private property special events in residential zoning districts shall be permitted only at schools, church/religious assembly, or other lawful non-residential uses excluding vacant properties. (Ords. 26248, 30373.)

• c. The outdoor private property special event adjacent to residential dwellings, except within the downtown core or at school or church/ religious assembly use, shall occur only on Thursday, Fridays and/or Saturdays between the hours of 9:00 a.m. and 10:00 p.m. and/or Sundays between the hours of 9:00 a.m. and 9:00 p.m.

• (Ords. 26248, 30373.)

property special events.

An event permit for outdoor private property special events may be issued only if the following requirements are met:

1. No more than twenty-six (26) outdoor private property special events may be held at the same location within a twelve (12) month period.

2. Events shall not occur for more than four (4) consecutive days per event in a oneweek period.

3. Residential Dwelling Unit Adjacency Considerations

   • a. All outdoor private property special events in a residential district, other than at a school or church/ religious assembly use, shall be located at least fifty (50) feet from the nearest residential dwelling structure.

   • b. All outdoor private property special events in a commercial or industrial zoned area, except in the downtown core, shall be located at least fifty (50) feet from any residential dwelling structure, except when the outdoor private property special event falls within a designated Urban Village or Neighborhood Business District designated within the Envision San José 2040 General Plan or within the Mixed-use Commercial zoning district.

Editor’s note— Ord. 31254, § 2, adopted Nov. 4, 2025, repealed § 20.80.1460, which pertained to event permits for outdoor private property special events in commercial zoning districts and derived from Ords. 26248, 30373.

Editor’s note— Ord. 31254, § 3, adopted Nov. 4, 2025, repealed § 20.80.1470, which pertained to event permits for outdoor private property special events in industrial or manufacturing zoning districts and derived from Ords. 26248, 30373.

Editor’s note— Ord. 31254, § 4, adopted Nov. 4, 2025, repealed § 20.80.1480, which pertained to event permit parking limitations and derived from Ords. 26248, 30857.

The director is authorized to issue written regulations consistent with the provisions of this part.

(Ord. 26248.)

• A. The application for an event permit may be filed by the event organizer and shall be countersigned by the owner of the lot(s) or par-

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• cel(s), designated as the outdoor private property special event venue or by the owner's authorized agent.

• B. The event permit application shall be on a form provided by the director.

• C. The event permit application shall be submitted with the event permit fee as set forth in the schedule of fees established by council resolution.

• (Ord. 26248.)

• A. The director shall issue event permits to applicants who comply with the permit application procedure and requirements set forth in this part and who agree to comply with the regulations and event permit conditions.

• B. The director is authorized to attach reasonable time, place and manner conditions, consistent with this part and regulations, to the issuance of any event permit.

• C. The director shall issue the permit or deny the application within forty-five (45) days of receipt of the event permit application.

• D. The director's decision to deny an event permit application shall be in writing and shall be mailed to the outdoor private property special event applicant at the address on the application.

• E. If the director denies the event permit application, the outdoor private property special event applicant may alternatively seek either a special use permit or conditional use permit, as may be applicable.

• (Ords. 26248, 30373.)

outdoor private property special events.

• A. No event permit for a outdoor private property special event shall be issued unless the

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following conditions have been met and the applicant agrees in writing to comply with these conditions:

1. All amusement rides, booths, tents and equipment shall be located at least twenty (20) feet from all frontage streets.

2. The outdoor private property special event venue shall have direct vehicular access from a public street.

3. The size, configuration and location of the outdoor private property special event venue shall be suitable for the proposed number of attendees taking into account other events which are scheduled to occur during the same time period at locations in proximity to the proposed site for the outdoor private property special event.

4. The outdoor private property special event applicant has made provision for each of the following:

   • a. refuse disposal and sufficient trash receptacles within the event site;

   • b. litter removal within a three hundred foot radius of the boundaries of the event site;

   • c. scheduled maintenance of the outdoor private property special event venue during the course of the event, including removal of animal waste, if applicable;

   • d. sanitary facilities, including adequate restrooms and/or portable toilets.

5. The San José police department has approved the applicant's security and traffic plans, if applicable. The thresholds for requiring either a security or traffic plan or both shall be set forth in the regulations issued pursuant to this part.

6. The applicant shall be responsible for reimbursing the city for the direct cost of police services in the event that the outdoor private property special event requires extra police services in addition to

the regular patrol services provided in the police district in which the outdoor private property special event site is located. The criteria for assessing whether the outdoor private property special event will necessitate additional police services shall be set out in the regulations issued pursuant to this part.

7. The applicant shall be responsible for reimbursing the city for the direct cost of litter removal within a three hundred foot radius of the boundaries of the event site in the event that the applicant fails to comply with this requirement.

8. The San José fire department has approved applicant's plans for fire control devices, tents and canopies, cooking equipment, pyrotechnics and emergency vehicle access, if applicable.

9. The California Department of Alcohol Beverage Control has issued a permit for the sale of alcohol or the applicant has certified that the sale of alcohol will not occur.

10. The applicant will provide written notification of the outdoor private property special event, including time, date and description of activities to property owners within three hundred (300) feet of the outdoor private property special event site at least fourteen (14) days in advance of the first day of the event. An event permit holder who is issued a permit fewer than fourteen (14) days in advance of the first day of the event shall provide the required notice within twenty-four (24) hours following the issuance of the permit but no later than two (2) business days in advance of the first day of the event.

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

• B. The issuance of either a conditional use permit or a special use permit for an outdoor

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private property special event shall be subject to the conditions set forth in Subsection A.1. through A.9. of this section.

• (Ords. 26248, 30857.)

• A. Any outdoor private property special event permitted by this part shall be conducted in full compliance with all local and state laws.

• B. The outdoor private property special event shall not be conducted in such a manner as to cause a nuisance as defined by Section 20.200.810 of this Code.

• (Ord. 26248.)

Both the event permit holder and the property owner are responsible to pursue full compliance with the event permit and with any and all conditions imposed on the event permit. (Ord. 26248.)

The director may revoke a event permit for any of the following grounds:

1. Fraud, misrepresentation or false statement contained in the application for the event permit or in the carrying out of the outdoor private property special event in a way not consistent with the application;

2. Failure to comply with the provisions of this chapter or the regulations; or

3. Failure to comply with the conditions set forth in the event permit.

• (Ord. 26248.)

• A. The director shall notify an event permit holder, in writing, of the director's decision to revoke an event permit, if the revocation is prior to the date of the proposed activity.

• B. The notice of decision shall state the grounds for revocation of the event permit and shall notify the event permit holder of the hearing opportunity pursuant to Section 20.80.1570.

• C. If the notice of decision to revoke or deny an event permit is issued less than twenty (20) business days, but more than three (3) business days prior to the proposed event, the request for hearing must be received by the director no later than the end of the second business day after delivery of the notice of decision to the event permit holder.

• D. If the notice of decision to revoke an event permit is issued three (3) or fewer business days prior to the proposed activity, the notice of decision shall also notify the event permit holder of the time, date and location of the hearing.

• E. If the notice of decision to revoke an event permit is issued more than twenty (20) business days prior to the proposed activity, a written request for hearing must be received by the director no later than five (5) business days after the date of the notice of decision.

• F. The notice of decision shall become final, unless a written request for hearing is received within the time limits set forth in this section.

• (Ord. 26248.)

• A. Upon receipt of a timely written request for a hearing on a notice of decision to revoke an event permit, the director shall schedule a hearing. The director promptly shall notify the event permit holder of the hearing date, time and location.

• B. The hearing with the director shall be held within the following time frames:

  1. Five (5) business days after receipt of the request for hearing, if the proposed activity is to occur more than twenty (20) business days after timely receipt of the request for hearing; or

  2. No more than two (2) business days after receipt of the request for hearing, if the

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  - proposed event is to occur less than twenty (20) business days but more than three (3) business days after timely receipt of the request for hearing; 

3. If the proposed event is to occur three (3) or fewer business days after the director's issuance of the notice of decision, the notice of decision shall also state the time, date and location of the hearing. When reasonably possible, the hearing shall occur at least twenty-four (24) hours prior to the proposed event. The director, when reasonably possible, shall also provide the event permit holder at least twentyfour (24) hours advance notice of the hearing.

• C. At the hearing, the event permit holder may present any relevant evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. The event permit holder may be represented by any person.

• D. If the proposed event is to occur three (3) or fewer business days from the date of the hearing, the director shall give a decision sustaining, reversing or modifying the decision to revoke the event permit upon concluding the hearing. The decision may be given orally. A written notice of final decision shall be hand delivered or sent by mail to the event permit holder no later than twenty-four (24) hours following conclusion of the hearing.

• E. If the proposed event is to occur three (3) or more business days from the date of the hearing, the director shall give a decision sustaining, reversing or modifying the decision to revoke the event permit no later than three (3) business days following the hearing date or twenty-four (24) hours in advance of the proposed event. The written notice of final decision shall be hand delivered or sent by mail to the event permit holder.

• F. The decision of the director shall be final. (Ord. 26248.)

• A. Any event permit may be revoked on the day of the permitted event without prior written notice and without a hearing, if either the city council, the city manager, the director, the fire chief or the chief of police determines that:

  1. revocation is in the interest of the immediate public health or safety because of fire, casualty, act of God or a public emergency; or

  2. the permittee is in violation of the provisions of the part, the regulations, or the terms of the event permit.

• B. The event permittee immediately upon receipt of the notification the event permit has been revoked shall cease the conduct of the event and shall commence with restoring the permit site to its condition prior to the commencement of the event.

• (Ord. 26248.)

Part 17

TEMPORARY AND INCIDENTAL SHELTER USE IN A PLACE OF ASSEMBLY*

Sections:

20.80.1600 Definitions.

20.80.1610 Permit required.

20.80.1620 Findings.

• 20.80.1630 Conduct of use.

• 20.80.1640 Incidental shelter exception to conditional use permit or special use permit.

*Editor’s note— Ord. 29976, § 1, adopted Aug. 22, 2017, effective Sept. 22, 2017, amended Part 17 in its entirety to read as herein set out. Former Part 17, §§ 20.80.1600 - 20.80.1620, pertained to temporary shelter in church, and derived from Ord. 26248.

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The following definitions are for purposes of this Part:

1. "Assembly Building" means a Building that is primarily used for Assembly Use.

2. "Assembly Use" means a use involving the gathering of persons to participate in a group or common activity or to observe a presentation, performance, or exhibition.

3. "Incidental Shelter" means the providing of shelter of homeless people as an incidental use to an existing primary Assembly Use provided that the incidental use occupies less than fifty (50%) percent of the usable square footage of the Assembly Building(s), and the shelter is provided inside existing Building(s) that are constructed and operating in compliance with the San José Municipal Code. Incidental Shelter is not an Emergency Residential Shelter.

4. "Place of Assembly" means a Site that contains Assembly Uses including but not limited to religious assemblies, gymnasiums, libraries, theaters, schools, and community centers.

• (Ord. 29976.)

• A. An Assembly Use that is a legal use may provide Incidental Shelter to homeless persons:

  1. If specifically allowed by a conditional use permit or Planned Development permit issued for the Assembly Use; or

  2. With an amendment to an existing conditional use permit or Planned Development permit for Assembly Use; or

  3. With a special use permit if no conditional use permit or Planned Development permit is required for the Assembly Use.

• B. A management plan shall be submitted as part of any permit application for Incidental Shelter in Assembly Building(s).

• (Ord. 29976.)

• A. The Director or Planning Commission may issue a special use permit only after finding that:

  1. The Incidental Shelter use at the location requested will not adversely affect the health, safety, or welfare of persons residing or working in the surrounding area.

  2. The proposed site is adequate in size and shape to accommodate the Incidental Shelter use.

• B. The application shall be denied where the information which is either submitted by the applicant or presented at the public hearing fails to satisfactorily substantiate such findings.

• (Ord. 29976.)

An Assembly Use that is a legal use may provide Incidental Shelter to homeless persons subject to each of the following limitations:

1. Assembly Buildings may be used as Incidental Shelter on a legal Parcel that is at least three thousand (3,000) square feet in size.

2. Assembly Buildings may provide Incidental Shelter to no more than fifty (50) persons in one twenty-four (24) hour period.

3. At no time shall the number of persons sheltered in any Assembly Buildings exceed the maximum square footage and occupancy standards set forth in Title 17 of this Code.

4. No Assembly Building or other Structure shall be erected, enlarged or modified without an approved Development Permit as required by Chapter 20.100 of this Title.

5. All persons receiving Incidental Shelter shall sleep and eat within Assembly Buildings. No person shall eat or be housed in tents, lean-tos or other temporary facilities.

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6. The proposed Incidental Shelter shall be operated in a manner that is fully in conformance with all State and local laws including regulations and permit requirements which are not otherwise in conflict with the provisions of this Part.

7. The Incidental Shelter use shall comply with the requirements of Section 20.80.1610 or Section 20.80.1640.

(Ord. 29976.)

Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, no conditional use permit or special use permit shall be required for any Incidental Shelter use that meets and remains in full compliance with all of the following requirements:

1. The maximum occupancy for any Incidental Shelter use shall be fifty (50) persons or as set forth by the City's Fire Code, whichever is more restrictive.

2. The Incidental Shelter use shall be allowed on a legal Parcel that is at least three thousand (3,000) square feet in size.

3. The Incidental Shelter use shall be located on a Site that has a Frontage and legal access to the Parcel where Incidental Shelter is provided.

4. The Parcel containing the Incidental Shelter use shall be located within the City's Urban Service Area.

5. The Incidental Shelter use shall not be located closer than a minimum distance of five hundred (500) feet from any Parcel on which another Incidental Shelter use exists, where the distance between the Parcels is measured from the nearest Parcel line to the nearest Parcel line.

6. The portion of a Building containing the Incidental Shelter use shall not be located at a distance closer than a minimum of one hundred and fifty (150) feet from any residential use that is located on

another Parcel, measured from the nearest Building wall containing the Incidental Shelter use to the nearest Parcel line of a Parcel containing a residential use.

7. The Parcel containing the Incidental Shelter use shall comply with City Council Policy Number 4-3 on Outdoor Lighting for Private Developments, as may be amended from time to time.

8. Any Development Permit requirement associated with interior or exterior modifications for the Building containing the Incidental Shelter shall not be waived by this Section.

9. Incidental Shelter uses shall be registered with the Housing Department, on such forms as may be approved by the Director of Housing.

10. Facilities containing Incidental Shelter uses shall be inspected for occupancy compliance with the Fire Code.

11. Quiet hours on any Parcel containing an Incidental Shelter use shall be maintained between 10:00 p.m. and 7:00 a.m., seven (7) days a week, 365 days a year. Quiet hours do not preclude outdoor activities, such as smoking in designated outdoor areas or exiting the Site.

12. Any Site containing an Incidental Shelter use including public access and parking shall be maintained in a clean and safe condition, and in compliance with a management plan that is completed as part of registration with the Housing Department.

13. The Incidental Shelter Use shall comply with the requirements of Section 20.80.1630.

• (Ord. 29976.)

• A. Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, any Assembly Use

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that is a legal use may provide temporary shelter to homeless persons subject to each of the following limitations:

1. An Assembly Use may provide temporary shelter to no more than thirty (30) persons in one twenty-four (24) hour period.

2. An Assembly Use may provide temporary shelter up to two (2) times in a calendar year. The total amount of days for such shelter may not exceed ninety (90) days in any calendar year.

3. At no time shall the number of persons sheltered in any Assembly Buildings exceed the maximum square footage and occupancy standards set forth in Title 17 of this Code.

4. No Assembly Building or other Structure shall be erected, enlarged or modified without an approved Development Permit as required by Chapter 20.100 of this Title.

5. All persons receiving temporary shelter shall sleep and eat within Assembly Build-

ings. No person shall eat or be housed in tents, lean-tos or other temporary facilities.

6. The temporary shelter shall be operated in a manner that is fully in conformance with all State and local laws including regulations and permit requirements which are not otherwise in conflict with the provisions of this Part.

7. An Assembly Use providing temporary shelter shall be registered with the Housing Department, on such forms as may be approved by the Director of Housing.

• B. Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, any Assembly Use that provided temporary shelter to the homeless consistent with the terms of Ordinance No. 29663 during the period between June 30, 2017 and the effective date of this Ordinance shall be deemed to have been in compliance with this Part during that period.

• C. For illustrative purposes only, below is a table comparing the significant features of temporary shelter to incidental shelter:

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§ 20.80.1670