Part 5.75

RESERVED*

Part 6

GENERAL REGULATIONS

Sections:

*Editor’s note— Ord. 30857, § 5, adopted Jan. 10, 2023, repealed Part 5.75, which pertained to downtown clean air vehicle parking requirements and derived from Ord. 28836.

T20:110

ZONING

§ 20.70.600

For any project in the downtown zoning districts that are subject to a development permit, that project shall be subject to design guidelines adopted by the city council for the applicable area. (Ord. 27091.)

• A. No retail commercial establishment (including but not limited to a public eating establishment and/or retail sales) or entertainment establishment (without alcohol) shall be open between the hours of 12:00 midnight and 6:00 a.m. in the DC and DC-NT1 districts except with a special use permit as provided in Chapter 20.100.800 of this title.

• B. No drinking establishment shall be open between the hours of 12:00 midnight and 6:00 a.m. in the DC or DC-NT1 districts except with a conditional use permit as provided in Chapter 20.100 of this title.

  3. San Fernando Street from Highway 87 to Second Street;

  4. Park Avenue from Almaden Boulevard to First Street;

  5. San Carlos Street from Market Street to Fourth Street;

  6. San Pedro Street from St. John Street to San Fernando Street; and

  7. First Street from Santa Clara Street to William Street.

• B. Tenant spaces in the Active Use Area shall conform with the San José Downtown Design Guidelines and Standards as approved by City Council on April 23, 2019.

(Ords. 26326, 27091, 27441, 30290.)

Editor’s note— Ord. 30290, § 1, adopted Aug. 6, 2019, changed the title of § 20.70.520 from "Definitions of DG overlay area" to "Definitions of the Ground Floor Active Use Area Overlay (AUA)," as set out herein.

(Ords. 26248, 27091, 30190.)

Part 7

• A. "Active Use Area Overlay" (AUA) means ground-floor, street frontage, building space. The overlay requires "active uses," store front style façade design, and window transparency. Permitted uses include general retail, education and training, entertainment and recreation, food service, personal services but not financial services, medical and veterinary services, other general services, public, quasipublic and assembly. Prohibit residential, and other uses not mentioned above (although a residential portal not exceeding 25 feet in width will be allowed). These design requirements and uses apply to the following street frontages:

  1. Santa Clara Street from San Pedro Street to Fourth Street;

  2. Post Street from Almaden Boulevard and to First Street;

PERMIT REVIEW PROCEDURES

Sections:

Except as otherwise provided in this chapter:

• A. Issuance of any development permits required by this chapter shall be governed by Chapters 20.100 of this Code.

• B. Issuance of permits or approvals relating to nonconforming uses in the DC and DC-NT1 downtown districts shall be governed by Chapter 20.150 of this Code.

• C. Issuance of any variances for properties in the DC and DC-NT1 districts shall be governed by Part 11 of Chapter 20.100 of this Code.

(Ords. 26248, 27091.)

T20:111

SAN JOSÉ CODE

§ 20.70.700

Part 8

DOWNTOWN WEST REGULATIONS AND STANDARDS

Part 1

GENERAL

Sections:

Sections:

The standards applicable in the Downtown West Planned Development Zoning District, including but not limited to permitted land uses, building heights, open space requirements, design standards, and subsequent conformance review and approval and appealability requirements, shall be as set forth in City Council Ordinance No. 30609, which established the Downtown West Planned Development Zoning District and adopted the Downtown West General Development Plan. Notwithstanding any other provision of this Title 20, City Council Ordinance No. 30609 establishes the applicable standards and requirements for the Downtown West Planned Development Zoning District. In the event of a conflict between Title 20 and City Council Ordinance No. 30609, City Council Ordinance No. 30609 shall control and shall govern development within the Downtown West Planned Development Zoning District. (Ord. 30608.)

• A. This chapter sets forth the land use and development regulations applicable to the pedestrian oriented 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 a pedestrian oriented district except as set forth in this chapter.

• C. The pedestrian oriented zoning districts are intended to foster urban development that encourages pedestrian movements and supports transit, cycling and other alternatives to vehicular travel through: 1) design standards that place building mass at the street front and emphasize pedestrian connections while minimizing vehicular/pedestrian conflicts; and 2) land use regulations that provide a critical intensity and mix of uses.

• (Ord. 28858.)