Chapter 20.55

3 Uses Allowed

Part 1

URBAN VILLAGE AND MIXED USE ZONING DISTRICTS

GENERAL

Parts:

Sections: 1 General 20.55.010 Urban village and mixed use 2 Development Regulations zoning districts.

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§ 20.55.020

• A. This chapter sets forth the land use and development regulations applicable to the Urban Village and Mixed Use Zoning Districts established by Section 20.10.060.

• B. No building, structure, or land shall be used, and no building or structure shall be erected, enlarged, or structurally altered, in the UVC, UV, MUC, MUN, UR, and TR Zoning Districts except as set forth in this chapter.

• C. The Urban Village and Mixed Use Zoning Districts are intended to support implementation of the General Plan by providing flexibility for the development of employment uses, high density housing, and mixed use development. The purposes of the Urban Village and Mixed Use Zoning Districts are as follows:

  1. UVC Urban Village Commercial District. The UVC Urban Village Commercial district is intended to implement the Urban Village Commercial general plan designation. Residential uses are not permitted in the UVC district.

  2. UV Urban Village District. The UV Urban Village district is intended to implement the Urban Village general plan land use designation.

  3. MUC Mixed Use Commercial District. The MUC Mixed Use Commercial district is intended to implement the Mixed Use Commercial general plan land use designation.

  4. MUN Mixed Use Neighborhood District. The MUN Mixed Use Neighborhood district is intended to implement the Mixed Use Neighborhood general plan land use designation.

  5. UR Urban Residential District. The UR Urban Residential district is intended to implement the Urban Residential general plan land use designation.

  6. TR Transit Residential District. The TR Transit Residential district is intended to implement the Transit Residential general plan land use designation.

• D. The Zoning Districts set forth throughout Chapter 20.55 - Urban Village and Mixed Use zoning districts shall not apply to those properties which are located in the Diridon Station Area Plan and which fall under the Airport Influence Area of the San José International Airport.

• (Ord. 30603.)

• A. The General Plan establishes the concept for Urban Villages as one of the Major Strategies for achieving active, dense, mixed use growth areas and for identifying locations for public open spaces within the city. The Urban Village and Mixed Use zoning districts (UVC, UV, MUC, MUN, UR, and TR) will be applied to and conform to their respective General Plan Land Use Designations throughout the Urban Villages.

• B. Urban Village Planning Process. The Urban Village planning process (as described in General Plan Appendix 6) is an intensive community outreach process to adopt policies, standards, and guidelines for development in a specific area. Once the planning process is completed, the Urban Village plans are then heard by the Planning Commission in a public hearing which makes a recommendation to City Council before the plan is voted on and approved by the City Council in a public hearing. Once approved, the plans become official policy documents which are specific to their respective areas.

  1. Approved Urban Village Plans. For development projects located in an ap-

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  - proved Urban Village area, the standards for development provided by the Urban Village Plan shall prevail over the standards in this Chapter. However, when a plan does not contain a regulation which is detailed in this Chapter, the zoning standard of development shall be applied. For residential or mixed use development in approved Urban Village Plan areas where there are no objective standards, the Zoning Districts and Citywide Design Standards and Guidelines shall prevail. 

2. Unplanned, Urban Village Planning Areas. Urban Villages that have been designated but have not completed the Urban Village planning process are considered to be unplanned. For those Urban Villages that are unplanned, the development regulations in this Chapter shall prevail.

• C. Mixed Use zoning outside of Urban Villages. The MUC, MUN, UR and TR zoning districts may also be applied to properties that exist outside of identified Urban Villages.

• D. Development in the Urban Village and Mixed Use Zoning Districts is subject to a variety of policies and standards, the following is a list of policy documents with standards for development:

  1. The General Plan

  2. Approved Urban Village Plans

  3. Urban Village and Mixed Use Zoning Districts

  4. Citywide Design Standards and Guidelines

• (Ord. 30603.)

• A. The San José Citywide Design Standards and Guidelines provide detailed design regulations regarding placement, scale, shape, form, and intensity of design arrangement of buildings and open spaces and their relationship to the

neighborhoods and the city. Those standards and guidelines shall be used together with the Urban Village and Mixed Use Zoning District development standards to inform future development; where the documents contain standards, which cover the same topic, one document does not supersede the other; development shall meet both standards. (Ord. 30603.)

• A. To calculate density and development intensity, refer to Table 20-136 in Section 20.55.100 for information on each zoning district's standards for floor area ratio (FAR) or dwelling units per acre (du/ac).

• B. For development projects that are 100% Commercial, the FAR standards shall apply.

  1. UVC shall require a maximum FAR of up to 8.0;

  2. UV shall require a maximum FAR of up to 10.0;

  3. MUC shall require a minimum FAR of 0.25 and a maximum FAR of 4.5;

  4. MUN shall require a minimum FAR of 0.25 and a maximum FAR of 2.0;

  5. UR shall require a minimum FAR of 1.0 and a maximum FAR of 4.0;

  6. TR shall require a minimum FAR of 2.0 and a maximum FAR of 12.0;

• C. For mixed use development, standards for both FAR and du/ac shall apply. In addition to meeting the FAR standard, projects are required to provide a minimum du/ac; there is no maximum du/ac, except in MUC and MUN.

  1. Calculating mixed use FAR shall include the combined floor area of both the commercial and residential portions of the entire project.

  2. Mixed use development du/ac and FAR standards:

     • a. The UV zoning district shall require a minimum density of 55 du/ac and maximum overall FAR of 10.0;

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• b. The UR zoning district shall require a minimum density of 30 du/ac and maximum overall FAR of 4.0;

• c. The TR zoning district shall require a minimum density of 50 du/ac and maximum overall FAR of 12.0;

• d. The MUN zoning district shall require a maximum density of 30 du/ac and an overall minimum FAR of 0.25 and a maximum FAR of 2.0;

• e. The MUC zoning district shall require a maximum density of 50 du/ac and an overall minimum FAR of 0.50 and a maximum FAR of 4.5;

• 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. 
  

• D. For projects that are 100% Residential the standard for du/ac shall apply.

  1. UV shall require 55 to 250 du/ac;

  2. UR shall require 30 to 95 du/ac;

  3. TR shall require 50 to 250 du/ac;

  4. MUN shall have a maximum of 30 du/ ac. In addition to the standard for du/ac, single-family homes shall conform to the FAR standards detailed in Table 20-137 in Section 20.55.104.

• (Ord. 30603.)

Part 2

DEVELOPMENT REGULATIONS

Sections:

20.55.101 Exceptions to setback regulations.

• 20.55.102 Common and private open space requirements for residential or mixed use developments.

• 20.55.103 Lighting.

20.55.104 MUN mixed use neighborhood development standards.

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§ 20.55.100

Table 20-136

Urban Village and Mixed Use Zoning Districts Development Standards

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(Ords. 30603, 30984, 31168.)

Except as otherwise specifically provided in other sections of this title, every part of every setback area shall be kept open, unobstructed, and unoccupied by all buildings or structures above, below, and on the surface of the ground. The following setback exceptions apply to properties located in the UVC, UV, MUC, UR, and TR districts as follows:

• A. Minor architectural projections such as: sills, eaves, belt courses, cornices, canopies, awnings, bay windows, chimneys, stoops, stairs, landscape retailing walls, porches, decks, balconies, minor building faces, and wells for basement windows may project into required setback areas as follows:

1. Canopies and awnings may project into setback areas by a maximum of 3 feet;

2. Stoops, stairs, and landscape retaining walls may project up to a maximum of 6 feet into the required setback areas;

3. Balconies, covered or uncovered, may project into required setback areas if they conform to the Citywide Design Standards and Guidelines; in MUN balconies shall not project within 5 ft of property lines facing public right-of-way or public open space.

4. Ground floor porches or decks, covered or uncovered, may project up to 10 feet into the required setback areas, subject to compliance with building code; in MUN, ground floor porches or decks

   • shall not project within 5 ft of property lines facing public right-of-way or public open space.

   5. All other minor architectural projections may project up to a maximum of 2 feet into the setback area, by no more than 10 feet in width, for no more than 20% of the building elevation length.

   6. Air space above public open space shall remain unobstructed and unoccupied.

• B. Short term parking facilities for bicycles or micro mobility devices, as defined by Title 11, may be placed in side or rear setbacks as long as they are in compliance with the provisions of Chapter 20.90. For additional standards on placement and design, refer to the Citywide Design Standards and Guidelines.

• C. Mechanical equipment in setback area:

  1. Tankless water heaters, energy storage units, and power inverters may project horizontally for no more than 2 feet into either the side or rear setback area and are not permitted in front setback areas.

  2. Mechanical equipment, including but not limited to pool equipment or HVAC equipment, may be placed in rear setbacks at a minimum of 5 ft. from rear property line and must conform to minimum side setbacks requirements; not permitted in front setbacks or any portion of the front yard which is visible from a public right-of-way or public open space.

• D. A building side setback shall be required for the portion of a building, located on an interior lot, which abuts a lot with a Residential

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Neighborhood General Plan land use designation and which is developed with a residential use, as follows:

1. Development built at 2.5 stories or less shall have a minimum side setback of 5 ft.

2. For development built at more than 2.5 stories, no portion of the building may be developed with less than a 10 ft. side setback.

• E. Side setbacks greater than 10 ft. shall be permitted as required by Building or Fire code for public health and safety reasons.

• F. There shall be no rear setback required whenever the entire rear property line abuts property located in any commercial district or less restrictive district where the zoning designation of the site is in conformance with the General Plan land use designation of the site as determined by Table 20-270. Rear setbacks may be required by Building or Fire code.

• G. Setbacks abutting a public alley, one-half of such alley as measured from the alley centerline, may be assumed to be a portion of the rear setback area.

• H. The following projections may be placed within required setback areas as long as they comply with the Citywide Design Standards and Guidelines, and Building and Fire codes:

  1. Walkways and driveways for pedestrian or vehicular access to the site;

  2. Overhead wires necessary for electrical and telephone service to a building on the lot;

  3. Underground lines and equipment necessary for the sewerage, drainage, plumbing, water, gas, and electrical needs of the lot or of a building on the lot;

  4. Underground parking facilities, subject to building code requirements.

• I. For information regarding Major or Minor Encroachments in the public right-of-way refer to Chapter 13.37 Encroachment Permits, in Title 13 of the San José Municipal Code.

• (Ord. 30603.)

• A. The purpose and intent of these regulations is to set the standards for common open space and private open space for residential and mixed use developments. All residential or mixed use developments in the UV, MUC, UR, and TR districts shall provide useable common open space and private open space in conformance with all the requirements of this section.

  1. Developments which include 15 units or more (excluding ADUs) are required to provide both common open space and private open space.

  2. Developments which include less than 15 units (excluding ADUs) are only required to provide private open space.

  3. Projects which are exempted or otherwise not required to provide common open space must provide private open space at the amounts determined in this section.

  4. Refer to the Citywide Design Standards and Guidelines for specific standards and regulations regarding placement and design of common and private open spaces.

• B. Common Open Space Requirements. Common open space is the outdoor space provided for recreation of all residents of a project. Each residential or mixed use development shall comply with the following common open space requirements:

  1. Mixed use development projects shall provide common open space at a minimum of 75 square feet per residential unit;

  2. 100% Residential projects shall provide common open space at a minimum of 100 square feet per residential unit;

  3. Any proposed development shall include at least one common open space, which meets the criteria within this section; development projects may reduce or elimi-

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§ 20.55.102

nate their common open space requirement by conforming with the exceptions listed in Section 20.55.102 (D).

4. Indoor recreation space counts toward a maximum of fifty percent of the common open space requirement if the entire area of the indoor space is designed exclusively for recreational use that is available for use by residents of the development without additional use fees (including but not limited to swimming pools, exercise facilities, or multi-use recreation rooms).

• C. Private Open Space Requirements. Private open space is the outdoor space attached to a living unit and provided for the use of the residents of the living unit. Private open space can occur in the form of a patio, balcony, deck, or rear yard. The private open space requirement is calculated based on the total number of units and each development shall meet the following private open space requirements:

  1. Mixed use development projects shall provide private open space in the following manner:

     • a. Studios and 1 bedroom units shall provide a minimum of 30 square feet per residential unit;

     • b. Units with 2 or more bedrooms shall provide a minimum of 45 square feet per residential unit;

  2. 100% Residential projects shall provide private open space in the following manner:

     • a. Studios and 1 bedroom units shall provide a minimum of 40 square feet per residential unit;

• b. Units with 2 or more bedrooms shall provide a minimum of 60 square feet per residential unit;

  3. At least 50% of all dwelling units shall have direct access to private open space in the form of a balcony, patio, or roof terrace;

  4. Refer to the Citywide Design Standards and Guidelines for additional standards and regulations for dwelling units which face public streets and public open spaces.

• D. Exceptions to common and private open space requirements.

  1. Projects located within a quarter mile walking distance, by way of a pedestrian accessible public right-of-way or easement, of existing public open spaces or POPOS shall be exempted from common open space requirements. Projects located between a quarter mile and a half mile walking distance of existing public open spaces or POPOS shall have the common open space requirement reduced by 50%.

  2. Development projects may reduce their private open space requirement by up to 50% under the following conditions:

     • a. Up to 50% of the total private open space requirement may be fulfilled through the development of an equivalent amount of common open space in addition to the common open space requirement detailed in Section 20.55.102(B).

     • b. For development projects which are exempted from common open space requirements because of their proximity to public open space or POPOS, up to 50% of the total private open space requirement may be fulfilled through the development of an equivalent amount of common open space.

     • c. Development projects shall not provide private open space for less than 50% of the total number of units.

  3. On site development of POPOS, pursuant to the regulations of the Citywide Design Standards and Guidelines, shall serve to fulfill common open space requirements based on the following ratio: every 1 square foot of POPOS included

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in a development shall fulfill 2 square feet toward the total common open space requirement.

4. On site development of public open space, that is dedicated to the City pursuant to the Parkland Dedication Ordinance (PDO) and/or the Park Impact Ordinance (PIO), shall serve to fulfill common open space requirements based on the following ratio: every 1 square foot of public open space included in a development shall fulfill 2 square feet toward the total common open space requirement.

(Ord. 30603.)

The purpose and intent of these regulations is to ensure that adequate and appropriate lighting is provided for developments located in the UV, MUC, MUN, UR, and TR districts.

• A. All lighting or illumination shall conform to any lighting policy adopted by the City Council.

• B. Any and all lighting facilities hereafter erected, constructed, or used in connection with any use conducted on any property adjacent to a site or lot used for residential purposes shall conform to the Citywide Design Standards and Guidelines for Site Lighting.

noyance to occupants of such property, or otherwise interfere with the public health, safety, or welfare.

(Ord. 30603.)

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 smalllot 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 standards require that site development permits and subdivisions must be reviewed and acted upon concurrently. 

• C. Any lighting located adjacent to riparian areas shall be directed downward and away from riparian areas.

• D. Lighting adjacent to residential properties.

  1. Any and all lighting facilities hereafter erected, constructed, or used in connection with any use conducted on any property situate adjacent to a site or lot used for residential purposes shall be arranged and shielded that all light will be reflected away from any residential use so that there will be no glare which will cause unreasonable an-

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§ 20.55.104

Table 20-137

Mixed Use Neighborhood Development Standards

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§ 20.55.200

(Ords. 30857, 31168.)

Part 3

USES ALLOWED

Sections:

• 20.55.200 Allowed uses and permit requirements.

• 20.55.201 General use regulations.

• 20.55.202 Performance standards.

• 20.55.203 Urban village and mixed use zoning district use regulations.

• 20.55.200 Allowed uses and permit requirements.

• A. "Permitted" land uses are indicated by a "P" on Table 20-138.

• B. "Conditional" uses are indicated by a "C" on Table 20-138. These uses may be allowed in such designated districts, 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 20-138. These uses may be allowed in such designated districts, 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 20-138. These uses may be allowed in such designated districts, but only upon issuance of and in compliance with a special use permit as set forth in Chapter 20.100. These uses may be allowed in such designated districts, as a part

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of mixed use, 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 20-138. These uses may be allowed in such designated districts, 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 20-138. These uses may occur in such designated districts, 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 that are not permitted are indicated by a "-" on Table 20-138. Land uses not listed on Table 20-138 are not permitted.

• H. When the right column of Table 20-138 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.

• (Ord. 30603.)

• A. Permanent structure required. No use shall be deemed to be a permitted use on a site in any UVC, UV, MUC, MUN, UR, or TR district unless it is being conducted as part of a business, residence, or mixed use development which maintains on that site a permanent, fully enclosed building erected pursuant to a valid building permit issued for that site, excepting only those uses specifically permitted, under this part or this title, to operate without a permanent building on site.

• B. Late night use and activity.

  1. No establishment other than office uses, in any, UVC, UV, MUC, MUN, UR, or TR Zoning District shall be open between the hours of 12:00 midnight and

6:00 a.m. except pursuant to and in compliance with a special use permit as provided in Chapter 20.100.

2. No outdoor activity, including loading, sweeping, landscaping or maintenance shall occur within one-hundred fifty feet of any residentially designated property between the hours of 12:00 midnight and 6:00 a.m. except pursuant to and in compliance with a conditional use permit as provided in Chapter 20.100.

• C. Incidental Uses.

  1. Residential. In addition to the occupancy of a dwelling as a residence, the following incidental uses are permitted:

     • a. The rental of rooms in a One-Family Dwelling to up to three (3) guests; in Two-Family Dwelling to up to two (2) guests, by each Family; and in a Multiple Dwelling Unit to up to two (2) guests per unit, if such use is clearly incidental to the occupancy of the dwelling unit by said Family as its own residence, and such rental is for a period of time longer than thirty (30) days and there are no more than six (6) persons living in the dwelling.

     • b. Use of the dwelling, including a permitted Guesthouse, for Incidental Transient Occupancy in compliance with Part 2.5 of Chapter 20.80.

     • c. State-licensed Family Day Care Home.

     • d. The following non-commercial activities:

       • i. A garage sale consisting of the occupants' personal property;

       • ii. Sale of goods hand-produced by the occupants;

       • iii. Sales parties held for the purpose of selling goods to invited Guests. Such parties shall

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be held inside a permanent structure or in the rear yard of the dwelling unit.

     - iv. To qualify as a non-commercial activity: 

        - I. No more than two (2) such sales are allowed in any calendar year; 

        - II. No such sale can be conducted for more than four (4) consecutive days; 

        - III. Such sales shall only be conducted between the hours of 9:00 a.m. and 9:00 p.m. 

• D. Accessory Dwelling Units (ADUs). ADUs are permitted and shall conform to Part 4.5 of Chapter 20.30.

• E. Guesthouses. The following restrictions apply to guesthouses:

  1. Meals and housekeeping services may be provided with the lodging, but only to resident guests.

  2. All cooking facilities must be in a single, common kitchen; no rooms shall have any cooking facilities.

  3. No services may be provided to nonresidents.

4. All required state licenses must be maintained.

   5. No more than three guest rooms may have separate external entryways.

• F. Live/work units.

  1. All live/work uses in the Urban Village and Mixed Use zoning districts shall be subject to all of the following criteria:

     • a. All work activities shall be limited to the permitted uses of the Urban Village and Mixed Use zoning districts, specified in Table 20-138, unless otherwise noted in this chapter.

     • b. All work activities and storage shall take place in fully enclosed areas.

  2. Prohibited uses:

     • a. Any use not permitted within the Urban Village and Mixed Use zoning districts, as specified in Table 20-138 or under Section 20.80.720 for home occupation uses.

     • b. Entertainment, drinking and public eating establishments.

     • c. The sale of food and/or beverages except for food or beverages prepared on-site as part of a Cottage Food Operation, in conformance with applicable public health regulations.

     • d. Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale.

     • e. Storage or recycling, except as incidental to and in support of a permitted use in the Urban Village and Mixed Use zoning districts.

     • f. Activities involving biological or chemical substances that require a controlled environment or may pose a health hazard.

     • g. Work activities that involve hazardous material or generate odors, vibration, glare, fumes, dust, electrical interference outside the dwelling or through vertical separation between living units, greater than those generated by routine household activities.

  3. The living unit must be occupied by an owner, employee, or volunteer of the business associated with the live/work unit.

  4. All live/work units must fully comply with any and all Uniform Building Code requirements applicable to the collocation of uses at the particular site.

• G. Development adjacent to Historic Landmarks or Districts

  1. Any project within a historic district shall conform to applicable guidelines adopted, and as amended by the city council.

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2. For purposes of this section, "historic district" and "historic landmark" refer to any site, building, structure, or area that has received city, state or federal landmark status.

3. New structures exceeding one hundred fifty feet and an FAR of 6:1 which are constructed within one hundred feet of a city landmark or contributing structure in a designated landmark district shall be reviewed by the Historic Landmarks Commission prior to consideration or approval of a development permit for new construction. The comments of the Historic Landmarks Commission shall be included in any development permit staff report subsequently presented to the executive director of the redevelopment agency, director of planning, planning commission or city council.

• H. Outdoor uses within 150 feet of residential zoning district.

1. No use, which in whole or in part, consists of, includes, or involves any outdoor activity or sale or storage of goods, products, merchandise or food outdoors shall occur on any lands if any part of such lands or any part of the lot on which such buildings are located is situated within one hundred fifty feet of residentially zoned property situated within or outside the city except with a special use permit as provided for in Chapter 20.100, except for the following:

   • a. Seasonal sales in accordance with the provisions in Part 14, Chapter 20.80.

   • b. Service windows for pedestrians or automatic teller machines for pedestrians, both of which are associated with financial institutions.

   • c. Outdoor retail displays located in the front setback that are associated with a commercial use on the property.

   • d. Plant nursery sales.

   • e. Outdoor vending of whole, uncut, fresh fruits and vegetables in conformance with Part 10, Chapter 20.80.

   • f. Small certified farmers' markets that are in conformance with Part 3.5, Chapter 20.80.

• I. Outdoor dining incidental to a public eating establishment or a retail establishment or other outdoor uses associated with an on-site business shall be pursuant to and in compliance with Part 10.5 of Chapter 20.80. Outdoor dining within 150 feet of a residential zoning district that does not conform to Part 10.5 of Chapter 20.80 requires issuance of a Special Use Permit.

• J. Screening of non-residential uses adjacent to residentially zoned properties.

  1. Any non-residential use conducted on any property shall be effectively screened at the property line from any abutting property in a residential district. The screening required hereby shall be a masonry wall or a solid wooden fence five feet in height, except that any portion thereof situate in the required setback area from abutting public streets shall be not more than four feet; and in the event such use included any outdoor activity, such screening shall also include such trees or plants as the director deems reasonable necessary to effectively screen such use from the adjoining residence district. Such screening shall at all times be maintained in good condition and be kept free at all times of signs. In addition, where a use involving outdoor activity is on a lot or parcel adjoining a residential district, such lot or parcel shall be landscaped in a manner approved by the director.

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• K. Wireless Communication.

  1. Wireless communications antennae are allowed in Urban Village and Mixed Use districts pursuant to Table 20-50 only if all of the following criteria are met:

     • a. The proposed antenna is located upon a parcel with a nonresidential use; and

     • b. The proposed antenna is located either:

       • i. More than thirty-five feet away from the nearest residential use; or at least one foot away from the nearest residential use for every foot of monopole height, whichever distance is greater; or

• ii. More than twenty feet away from the nearest residential use if the proposed antenna is mounted on an existing utility structure within a utility corridor.

  2. Wireless communications antennae of any type located on a property zoned for Urban Village or Mixed Use, with a residential use shall require a conditional use permit pursuant to the provisions of Chapter 20.100 of this title, except for certain modifications pursuant to Section 20.80.1915 of Chapter 20.80.

• L. Vehicular related uses in Urban Village and Mixed Use Zoning Districts.

  1. Continued operation of existing use allowed with only 10% expansion of existing structures, unless specified through an Urban Village Plan that allows greater intensity of the use. Uses allowed by the Stevens Creek and 24th and William Urban Village Plans are not subject to the maximum 10% expansion of use.

  2. New vehicle related uses allowed only pursuant to the provisions of the Stevens Creek and 24th and William Urban Village Plans, as amended.

3. Sale, leasing, or brokerage of passenger vehicles, pick-up trucks not exceeding 25 feet in length, and motorcycles are allowed to include the following incidental uses as part of their operation:

   • a. Accessory installation, passenger vehicles and pick-up trucks.

   • b. Car wash, detailing, not open to the public.

   • c. Fuel service station or charge station, including incidental service or repair, not open to the public.

   • d. Glass sales, installation, and tinting.

   • e. Sale, vehicle parts, with onsite installation.

   • f. Tires, batteries, lube, oil change, smog check station, air conditioning servicing of passenger vehicles and pick-up trucks.

(Ords. 30603, 30984, 31079.)

• A. In the UVC, UV, MUC, MUN, UR, and TR Districts no primary, secondary, incidental or conditional use or activity related thereto shall be conducted or permitted:

  1. In a manner that causes or results in the harmful discharge of any waste materials into or upon the ground, into or within any sanitary or storm sewer system, into or within any water system or water, or into the atmosphere; or

  2. In a manner that constitutes a menace to persons or property or in a manner that is dangerous, obnoxious, or offensive by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust vibration, radiation, or fumes; or

  3. In a manner that creates a public or private nuisance.

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§ 20.55.202

• B. Without limiting the generality of the preceding Section 20.55.202 (A), the following specific standards shall apply in the UVC, UV, MUC, MUN, UR and TR Districts:

  1. Air Pollution. Total emissions from any use or combination of uses on a site shall not exceed the emissions and health risk thresholds as established by the director of planning.

2. Vibration. There shall be no activity on any site that causes ground vibration that is perceptible without instruments at the property line of the site.

(Ord. 30603.)

Table 20-138 Urban Village and Mixed Use Zoning District Use Regulations

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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.

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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 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.

11. 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.

12. Public schools are subject to the regulations of this Title, subject to the provisions of California Government Code Section 53094 for classroom facilities.

13. 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.

14. 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.

15. Neighborhood agriculture in conformance with this Title is a permitted use that may operate on a site without a permanent building on that site.

16. 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.

17. Certain modifications of existing wireless facilities may be permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.

18. Conditional Use Permit required outside of Urban Villages; Special Use Permit in Urban Villages.

19. 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.

20. 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.

21. For the purposes of Chapter 20.55, Food and Beverage manufacturing is considered to be permitted under the Manufacturing and Assembly, light use, if it meets all of the following criteria:

• a. The use must include a retail space which is accessible from and adjacent to the street and open to the public during regular business hours.

• b. Odors produced on-site shall not have a material negative effect on other businesses or properties in the area.

23. Surface parking which does not serve a use contained 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.

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25. May be used as Transitional Housing.

26. 100% deed-restricted affordable housing is a permitted use for residential housing type that meet minimum density requirement in the UR and TR zoning districts, and commercial space requirements shall not apply; subject to conformance with General Plan policies and state law mandates. Refer to Chapter 20.195 for information regarding the ministerial approval process.

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.

(Ords. 30603, 30727, 30984, 31097, 31149, 31168, 31169.)