Part 8.75 — San Jose Zoning Code

CONVERSIONS OF AN EXISTING USE TO ANOTHER USE WITH A DIFFERENT TRANSPORTATION DEMAND MANAGEMENT (TDM) USE DESIGNATION

Sections:

20.80.680 Special use permit required. ¶

A. In the case where no other development permit would be required, no person shall convert, in whole or in part, an existing or proposed building from one TDM Use Category as identified in Table 20-190 to a different TDM use category without a Special Use Permit in the case of conversion to a permitted or special use in the district, or a Conditional Use Permit in the case of conversion to a conditional use in the district, with the following exceptions:
1. No Special Use Permit shall be required if the conversion of TDM Use Category is from any other use category to the Category of Other.
2. No Special Use Permit shall be required if the conversion would otherwise be exempted from Transportation Demand Management requirements pursuant to 20.90.900.B.
3. No Special Use Permit shall be required for a conversion of an existing building to a residential use within the downtown zoning area defined by Section 20.70.010,

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where that building received a Certificate of Occupancy prior to April 10, 2023. Such conversions shall not be subject to the requirement to prepare a Transportation Demand Management Plan.

B. The following requirement shall be applied by the Director, Planning Commission, or City Council, in granting a Special Use Permit or Conditional Use Permit under this Part:
1. Transportation Demand Management. The project shall be subject to the requirements of Part 9 of Chapter 20.90.

20.80.710 Performance criteria. ¶

20.80.720 Prohibited uses. ¶

20.80.700 General. ¶

A home occupation meeting the criteria of this part is allowed in a one-family dwelling, twofamily dwelling, multiple dwelling, accessory dwelling unit or mobilehome as an incidental use of such dwelling.

(OrdS. 26248, 30480.)

(Ords. 30857, 31226.)

20.80.710 Performance criteria. ¶

Part 9 Sections:

HOME OCCUPATIONS

A business or commercial activity is a home occupation only if it conforms to each of the performance criteria, set forth in Table 20-160 below:

20.80.700 General. ¶

Table 20-160 Performance Criteria


Signage	Signage must conform to the residential signage requirements set forth
	in Part 4 of Chapter 23.04 of Title 23.
Business Vehicles	A maximum of one business vehicle with a manufacturer's gross vehi-
	cle weight of less than ten thousand pounds is permitted to be kept,
	garaged or parked on the lot or parcel associated with the home occu-
	pation.
Clients Employees and Assistants	A maximum of two clients at a time are permitted at the dwelling. Only occupants of the dwelling may be employees or unpaid volun-
	teers of the business or commercial activity; provided, however, that
	Note 1 below this Table 20-160 applies to and shall govern and control
	over cottage food operations.
Environmental Constraints	There shall be no obnoxious odors, vibrations, glare, fumes, dust, elec-
	trical interference or noise detectable by normal human sensory per-
	ception outside the dwelling or through vertical or horizontal party
	walls.
Hours of Operation	Clients are permitted at the residence only between the hours of 9:00
	a.m. and 9:00 p.m.
Location
Dwelling Unit	Home occupations, including storage, are permitted in the dwelling
	unit.
Accessory Building	Home occupations, including storage, are limited to one hundred
	square feet of floor area in an accessory building provided any re-
	quired parking provided in the accessory building is retained and ac-
	cessible.

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Attached Garage	Home occupations are permitted in an attached garage provided the
	required parking is retained and accessible.
Carports Yard Areas	Home occupations are not permitted in carports. Home occupations, with the exception of activities that meet the defi-
	nition of neighborhood agriculture, are not permitted in yard areas.
Manufacture or Assembly	No manufacture or assembly, other than hand-crafted products, is per-
	mitted.
Sales	The direct sale of products off display shelves or racks to the general
	public shall be limited to no more than fifteen square feet of space;
	however, an order may be filled on the premises if placed earlier by a
	customer using online, telephone or mail order communications, or
	through attendance at an off-site sales party.

Notes applicable to performance criteria for home occupations:

Note 1: Cottage food operations are allowed as home occupations so long as the cottage food operations are in compliance with the requirements for those operations contained in the California Government Code and the California Health and Safety Code, as amended. Where the provisions of State law pertaining to cottage food operations, or state regulations promulgated thereunder, conflict with the performance criteria set forth in Table 20-160 above, such state law or regulations shall govern and control over the criteria set forth in Table 20-160 above.

(Ords. 26248, 29011, 29218.)

20.80.720 Prohibited uses. ¶

The following are not permitted as home occupations:

A. Animal breeding except for small scale activity involving no more than a total of six adult small animals (animals of six months in age or greater) as set forth in Title 7.
B. Appliance repair, other than the repair of small household appliances, as defined in Section 20.200.550.
C. Firearm sales and service.
D. Motorized garden tool repair, such as, but not limited to, lawnmowers, chainsaws, and leaf blowers.
E. Massage parlor, as provided in Part 1 of Chapter 20.80 of this title, and the business of massage as provided in Section 6.44.010A.
F. Pest control.
G. Upholstery and furniture repair.
H. Food catering, excluding cottage food operations, that are allowed under and fully

comply with the requirements therefor contained in the California Government Code and the California Health and Safety Code, together with applicable regulations promulgated thereunder, as amended.

I. Vehicle-related uses such as, but not limited to, the following: storage of vehicles, cleaning, dismantling, embellishment, installation, manufacture, repair or service, sale, lease or rental, towing, driving schools, and dispatching of vehicles located at the site.
J. Welding.
K. Any use which requires a hazardous materials permit from the fire department.
L. Any off-sale of alcohol.
M. Any other use which does not comply with each of the criteria provided in Table 20-160.
(Ords. 26248, 26455, 29011, 29218.)

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