Part 2 — USES ALLOWED

A.

"Permitted" land uses are indicated by a "P" on Table 20-90.

B.

"Conditional" uses are indicated by a "C" on Table 20-90. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100. "Conditional" uses which may be approved only on parcels designated on the land use/transportation diagram of the General Plan, as amended, with a designation that allows residential use are indicated by a "C GP" on Table 20-90. These uses may be allowed in such designated districts, as a part of mixed use residential/commercial, 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 20-90. These uses may be allowed in such designated districts, as an independent use, 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 20-90. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Special Use Permit as set forth in Chapter 20.100. "Special" uses which may be approved only on parcels designated on the land use/transportation diagram of the General Plan, as amended, with a designation that allows residential use are indicated by an "S GP " on Table 20-90. These uses may be allowed in such designated districts, as a part of mixed use residential/commercial, 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 20-90. These uses may be allowed in such designated districts, as an independent use, 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 20-90. These uses may occur in such designated districts, as an independent use, 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 not permitted are indicated by a "-" on Table 20-90. Land uses not listed on Table 20-90 are not permitted.

H.

When the right column of Table 20-90 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.

Table 20-90 Commercial Zoning Districts and Public/Quasi-Public Zoning District Use Regulations

Use Zoning District Notes & Section CO CP CN CG PQP

General Retail

Alcohol, off-sale - beer and/or wine - C C C - Note 21; only Section 20.80.900

Alcohol, off-sale - full range of - C C C - Note 21; Section alcoholic beverages 20.80.900

Alcohol, off-sale - as incidental to a - S S S - Note 4 winery, brewery, or distillery

Food, beverages, and groceries - P P P S

Nursery, plant P P P P P Note 1

Outdoor vending - A A A A Part 10, Chapter 20.80

Outdoor vending, fresh fruits, and P P P P P Part 10, Chapter vegetables 20.80

Pawn shop/broker - C C C - See Title 6

Retail art studio - P P P - Note 21; Section 20.80.1175

Retail bakery - P P P - Note 21

Retail sales, goods, and - P P P - Note 21 merchandise

Seasonal sales P P P P - Part 14, Chapter 20.80

Agriculture

Aquaculture, aquaponics, and S S S S S hydroponics

Certified farmers' market S S S S S Part 3.5, Chapter 20.80

Certified farmers' market, small P P P P P Part 3.5, Chapter 20.80

Neighborhood agriculture P P P P P Note 19; Title 7

Drive-Through Uses

Drive-through uses in conjunction - - C C C with any use

Education and Training

Child day care center located on an P P P P P Note 21 existing School Site or as an incident to a permitted on-site church/religious assembly use involving no building additions or changes to the site

Day care center S S S S S

Instructional art studios - P P P S

Private instruction, personal - P P P S enrichment

School, elementary and secondary C C C C S Note 16, Note (public or private) 20, and Note 21

School, driving (class C & M license) - P P P S Note 2, Note 20, and Note 21

School, post-secondary - P P P S Note 3, Note 20, and Note 21

School, trade and vocational - C C C S Note 16, Note 20, and Note 21

Entertainment and Recreation

Arcade, amusement game - P P P - Note 21

Health club, gymnasium - P P P S

Performing arts rehearsal space - P P P -

Poolroom/billiards establishment - P P P - Note 21

Private club or lodge C C C C -

Recreation, commercial indoor - P P P S Note 21

Recreation, commercial outdoor - C C C C Note 21

Relocated cardroom - - - C - Section 20.80.1155

Stadium, 2,000 seats or fewer - C C C C Note 17

Stadium, more than 2,000 seats - CC CC CC CC Note 17 and Note 18

Theater, indoor - S S S S Note 21

Theater, outdoor - - - S S Note 21

Food Services

Banquet facility - S S S S

Caterer - P P P S

Commercial kitchen - S P P -

Drinking establishments - C C C - Note 21

Drinking establishments interior to a - P P P - Section full-service hotel or motel that 20.80.475; Note includes 75 or more guest rooms 21

Public eating establishments - P P P - Note 21

Public eating establishment or retail - P P P - Note 21; Section establishment with incidental 20.40.520 outdoor dining

Public eating establishment in - P P P - conjunction with a winery, brewery, or distillery

Taproom or tasting room with off- - A A A - Part 5.75, sale of alcohol Chapter 20.80

General Services

Bail bond establishment - outside - P/S P P - Note 5; Part 1.5, main jail area Chapter 20.80

Bail bond establishment - within - P/S P P - Note 5 and Note main jail area 14; Part 1.5, Chapter 20.80

Bed and breakfast Inn - P P P - Note 21; Part 2, Chapter 20.80

Dry cleaner - P P P - Note 21

Hotel or motel - P P P - Note 21

Single room occupancy (SRO) hotel - C C C - Part 15, Chapter 20.80

Laundromat - P P P - Note 21

Maintenance and repair, small - P P P - Note 21 household appliances

Messenger services P P P P - Note 2 and Note 21

Mortuary and funeral Services P P P P - Note 21

Personal services - P P P - Note 21; Section 20.200.880

Photo processing and developing - P P P - Note 21

Printing and publishing - P P P - Note 21

Social service agency - S S S S

Health and Veterinary

Animal boarding, indoor P/- P P P P/S Note 8, Section 20.40.120

Animal grooming P/- P P P P/S Note 8 Section 20.40.120

Emergency ambulance service C C C C C

Hospital/in-patient facility C C C C C Note 21

Medical cannabis dispensary - R R R - Part 9.75, Chapter 20.80

Cannabis retail storefront - R R R - Part 9.75, Chapter 20.80

Medical cannabis collective - R R R - Part 9.75, dispensary site only Chapter 20.80

Office, medical P P P P S Note 21

Veterinary clinic - P P P C Note 16

Historic Reuse

Historic landmark structure reuse S S S S S Part 8.5, Chapter 20.80

Offices and Financial Services

Automatic teller machine P P P P S Section 20.80.200

Business support - P P P - Note 21

Financial services P P P P - Note 21

Office, general business P P P P S Note 21; Section 20.40.110

Payday lending establishment - R/- R R - Note 24 Part 12.5, Chapter 20.80 Section 20.200.875

Retail bank P P P P - Note 21

Public, Quasi-Public and Assembly Uses

Cemetery C C C C C

Church/religious assembly S S S S S Note 16, Note 20, and Note 21

Construction/corporati on yard - - - - C associated with public, quasi-public or assembly use or transportation or utility use

Museums, libraries, parks, P P P P P Note 21 playgrounds, or community centers (publicly operated)

Museums, libraries, parks, C C C C S Note 20 and playgrounds, or community centers Note 21 (privately operated)

Recycling Uses

Reverse vending machine A A A A A Part 13, Chapter 20.80

Small collection facility A A A A A Part 13, Chapter 20.80

Residential

Emergency residential shelter within - S S S S Section Airport Influence Area 20.80.500

Emergency residential shelter - S S S S Section outside of Airport Influence Area 20.80.500 (more than 150 beds)

Emergency residential shelter - P P P P Section outside of Airport Influence Area 20.80.500, (150 beds or fewer) Chapter 20.195

Hotel supportive housing C C C C C Note 22; Part 22, Chapter 20.80

Live/work uses - S S S - Note 6; Section 20.80.740

Low barrier navigation center - P P P P Chapter 20.195

Mixed use residential/commercial - C/S C CGP - Note 6, 25 and outside Neighborhood Business 26 District Overlay

Mixed use residential/commercial - P P P - Note 28, 29 and within Neighborhood Business 30 District Overlay

Permanent supportive housing - - - - P Note 27; Chapter 20.195

Residential care facility for seven or C C C C C more persons

Residential service facility for seven P P P P P or more persons

Single room occupancy, living unit - C C C - Note 6; Part 15, Chapter 20.80

Transportation and Utilities

Data center - - - C - Note 21

Commercial vehicle storage S - - S S

Common carrier depot S - S S S Note 21

Community television antenna C C C C C systems

Parking establishment, off-street C - C C -

Short term parking lot for uses or - - - C C Note 7 events other than on-site

Television, radio studios without - - - C C antenna/dishes

Utility facilities, excluding C C C C C corporation yards, storage or repair yards and warehouses

Utility facilities including corporation - - - - C yards, storage or repair yards and warehouses

Wireless communication antenna C C C C C Note 23; Sections 20.100.1300, 20.80.1915

Wireless communication antenna, S S S S S Note 23; slimline monopole Sections 20.80.1900, 20.80.1915

Wireless communication antenna, P P P P P Note 23; building mounted Sections 20.80.1910, 20.80.1915

Utilities, Electrical Power Generation

Co-generation facility S S S S S

Fuel cells P P P P P

Private electrical power generation C C C C C Note 2 facility

Solar photovoltaic system P P P P P Section

Stand-by/backup facilities that do A A A P A not exceed noise or air standards

Stand-by/backup facilities that do C C C C C exceed noise or air standards

Temporary stand-by/backup P P P P P

Vehicle Related Uses

Accessory installation, passenger - - C P - vehicles and pick-up trucks

Auto dealer, wholesale - no on-site P P P P - storage

Car wash, detailing - - C C -

Fuel service station or charge - C C P C Note 15 station, no incidental service or repair

Fuel service station or charge station - - C P C Note 9 and Note with incidental service and repair 13,

Glass sales, installation, and tinting - - C P - Note 13

Leasing (rental) passenger vehicles, - - C P - Note 2 pick-up trucks not exceeding twenty-five feet in length, and motorcycles

Sale, brokerage, or lease, - - C C - Note 13 commercial vehicles

Sale or brokerage, passenger - - S P - Note 12 and vehicles, pick-up trucks not Note 13 exceeding 25 feet in length, and motorcycles

Sale, vehicle parts - - P P - Note 11

Tires, batteries, lube, oil change, - - C P - Note 10 and smog check station, air conditioning Note 13 servicing of passenger vehicles and pick-up trucks

Notes applicable to all commercial districts:

In the CP district, landscaping materials, such as rock, mulch, and sand are limited to prepackaged sales.

Classroom use only, no driving courses or onsite storage of vehicles permitted in the CP, CN, and CG Zoning Districts.

Includes public and private colleges and universities, as well as extension programs and business schools.

Alcohol, off-sales are limited to products manufactured onsite for wineries, breweries, or distilleries.

Permitted outside of Urban Village; Special Use Permit in Urban Villages.

Mixed use residential/ commercial development may be approved only on parcels designated on the land use/transportation diagram of the General Plan with a designation that allows residential use or through a General Plan or Urban Village Policy that allows mixed use development on a non-residential parcel.

Use must be less than twenty-four hours.

Permitted only as incidental to neighborhood agriculture; otherwise prohibited in CO. In PQP the use is permitted only as incidental to neighborhood agriculture; otherwise, a Special Use Permit is required.

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.

Includes non-invasive engine service, maintenance, and repair, including but not limited to, air conditioning service, carburetor and fuel injection system service, electrical service, radiator coolant system service, and tune-up, fluid exchanges, steering and suspension system service, brake system service, transmission adjustment and service, lube, oil change, and 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.

No outdoor sales areas or dismantling allowed.

In the CG district, incidental repair of vehicles requires a Special Use Permit. Incidental repair of vehicles is prohibited in all other commercial districts.

All vehicle-related repair, service, and accessory or other installation shall be conducted within a fully enclosed building.

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 20-90 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.

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. Hydrogen-fueling stations shall be permitted pursuant to Government Code Section 65850.7.

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

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.

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.

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

The City Council is the decision-making body for Special Use Permit appeals for this use pursuant to Section 20.100.220 of this Title.

In the PQP public/quasi-public zoning district, the following uses may be allowed as a use supporting and incidental to a primary PQP use:

a.

Offices, retail, public eating establishments, and other commercial uses of similar character and intensity, with approval of a Special Use Permit; and

b.

Drinking establishments, off-sale of alcoholic beverages, arcade amusement games, poolroom/billiards establishments, wineries, breweries, distilleries, and data centers, with approval of a Conditional Use Permit.

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.

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

Restricted outside of Urban Villages; Prohibited in Urban Villages.

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

Permanent supportive housing is allowed as a residential component of mixed use residential/ commercial.

Permanent supportive housing is only allowed in the PQP district as 100% of the residential use.

The Neighborhood Business District Overlay includes North 13th Street/Luna Park, Japantown (Taylor Street only), and the Willow Glen Neighborhood Business District.

100% deed-restricted affordable housing is a permitted use 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.

One-hundred percent residential projects may be permitted if they meet ground floor commercial space standard in Table 20-142, Table 20-143, or Table 20-144.

(Ords. 26248, 26326, 26388, 26455, 26456, 26704, 27091, 27468, 27564, 27701, 27757, 27797, 28320, 28321, 28449, 28579, 28694, 28791, 28954, 28958, 29011, 29012, 29042, 29089, 29122, 29218, 29254, 29364, 29420, 29447, 29546, 30190, 30290, 30372, 30422, 30480, 30516, 30696, 30727, 30786, 30984, 31097, 31149, 31168, 31298.)

Subject to the conditions, limitations and restrictions hereinafter set forth, space situate entirely within a building used for business, professional or administrative office purposes may be used for the operation of a restaurant, café or newsstand if:

The use of such space for a restaurant, café or newsstand is incidental and auxiliary to the primary and main use of the building for one or more of the above uses;

The gross floor area of such building is fifty thousand square feet or more;

Two hundred fifty or more persons are employed in such building;

The only public access to the restaurant, café, newsstand is by way of an interior lobby or court, and there is not direct access thereto from outside the building;

The total combined gross floor area of all restaurants, cafés, and newsstands in any one building shall not exceed one-tenth the total gross floor area of the entire building.

(Ords. 26248, 29364.)

Where residential use has been permitted pursuant to a conditional use permit, special use permit or administrative permit, incidental transient occupancy in compliance with Part 2.5 of Chapter 20.80 is a permitted incidental use of the permitted dwelling.

(Ord. 29523.)

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.

(Ords. 26248, 29364.)

Editor's note— Ord. 28858, adopted November 30, 2010, repealed § 20.40.130, which pertained to live/work units. Please see § 20.80.740.

Editor's note— Ord. 28858, adopted November 30, 2010, repealed § 20.40.140, which pertained to retail art studio. Please see § 20.80.1175.

Part 3 - DEVELOPMENT REGULATIONS

All development in the Commercial Zoning Districts and the Public/Quasi-Public Zoning District shall conform to the development regulations set forth below in Table 20-100.

Table 20-100 Commercial Zoning Districts Development Standards

Regulations Zoning District

CO CP CN CG PQP

Minimum lot 6,000 6,000; or as 6,000; or as 1 acre (none if 6,000 area (square established in established in lot is located in feet or acreage) approved approved a shopping Urban Village Urban Village center with Plan Plan shared access and shared parking among the lots)

Minimum Setback (feet)

 Front 10, or 15 where no minimum, 10, or as 15 10; less than 10 adjacent to 10 feet established in if established in side property maximum; or approved approved line of R-1 as established Urban Village development district in approved Plan permit Urban Village Plan

 Side, interior 5 none; or as None, or as none 10; less than 10 established in established in if established in approved approved approved Urban Village Urban Village development Plan Plan permit

Side, corner 12.5 none; or as 12.5, or as 12.5 10; less than 10 established in established in if established in approved approved approved Urban Village Urban Village development Plan Plan permit

 Rear, interior 25 25; or as None, or as none 10; less than 10 established in established in if established in approved approved approved Urban Village Urban Village development Plan Plan permit

 Rear, corner 25 25; or as None, or as none 10; less than 10 established in established in if established in approved approved approved Urban Village Urban Village development Plan Plan permit

Maximum 35, unless a 50, unless a 50, unless a 65, unless a 65, unless a height (feet) different different different different different (Note 1 and 3) maximum is maximum is maximum is maximum is maximum is established in established in established in established in established in Chapter 20.85 Chapter 20.85; Chapter 20.85, Chapter 20.85 Chapter 20.85 or as or as established in established in approved approved Urban Village Urban Village Plan Plan

Maximum 2,500/Personal individual service shop occupant 5,000/Eating, square footage drinking or (square feet) entertainment (Note 2) establishment 15,000/All other uses (See Note 2); None in approved Urban Village Plan

Parking

See Chapter See Chapter See Chapter See Chapter See Chapter
20.90 20.90; or 20.90, or as 20.90 20.90 unless a
established in established in different
approved approved minimum is

Urban Village Urban Village established in Plan Plan an approved Development Permit

Notes:

An alternative maximum height may be established as described in Chapter 20.85. Where an alternative maximum height restriction has been established as described in Chapter 20.85, that regulation described in Chapter 20.85 shall govern and control over the provisions of this section.

In the CP commercial pedestrian district, lots located wholly within the West San Carlos Street neighborhood business district, as indicated on the general plan land use diagram, shall not be subject to the maximum individual occupant square footage requirements set forth in this section.

An alternative maximum residential density and height may be established in the Neighborhood Business District Overlay as described in Part 5 of Chapter 20.65. Where an alternative maximum heights and residential density restrictions has been established as described in Part 5 of Chapter 20.65, that regulation shall govern and control over the provisions of this section.

(Ords. 26248, 26455, 27457, 29176, 29218, 29364, 30516, 31168.)

In computing the depth of a rear setback area for any building, where such rear setback area opens onto a public alley, one-half of such alley may be assumed to be a portion of the rear setback area.

(Ord. 26248.)

The maximum tenant square footage in the CP district may be exceeded only pursuant to and in conformance with an approved conditional use permit as set forth in Chapter 20.100.

(Ord. 26248.)

Notwithstanding the provisions of Section 20.40.200, in any commercial district, the maximum height restrictions shall not apply to SRO residential hotels, SRO living unit facilities and mixed commercial/residential projects.

(Ords. 26248, 29218, 30336, 30396.)

Notwithstanding the provisions of Section 20.40.200, in all the commercial districts, the minimum area of a lot, whose area as shown on a final subdivision map approved by the city, is less than the minimum required but not less than five thousand square feet, shall be the area shown for such lot or parcel on such subdivision map.

(Ord. 26248.)

Notwithstanding, the provisions of Section 20.40.200 where lots situate on one side of a street between two intersecting streets are situate partly in a commercial district and partly in a residence district, the front setback requirements applicable to such residence district shall apply to all lots in the Commercial District, except that where a lot or lots situate within a Commercial District are located on one side of a street between an intersecting street and a lot located in a Residence District, the front setback requirements of the Residence District shall apply only to that portion of the lot or lots situate in the Commercial District that is located within twenty feet of the lot situate within a Residence District. The provisions of this section shall not apply to lots in the CP Commercial Pedestrian District and lots in the PQP Public/Quasi-Public District.

(Ords. 26248, 28449, 29364.)

The director may grant an exception to the maximum front setback for a lot in the CP commercial district if he finds that the adjacent lot(s) have a greater setback and the allowance of a greater setback on the subject lot would promote a more consistent pattern of development, and/or the greater setback is needed to accommodate building design elements.

(Ords. 26248, 26455.)

Notwithstanding the provisions of Section 20.40.200, in the CP commercial district, a building side setback shall be required for interior lots on that side of each such lot which abuts on the side of a lot situated in a residence district, in which case the side setback requirements shall be a minimum of ten feet.

(Ords. 26248, 27457.)

Notwithstanding the provisions of Section 20.40.200, there shall be no rear setback for property situate in any commercial district whenever the entire rear property line of such property abuts property situate in any commercial district or less restrictive district.

(Ord. 26248.)

Editor's note— Section 20.40.300, pertaining to Exception - Maximum Number of Stories, Height, and Floor Area Ratio Exception, was repealed by Ordinance 29218, Adopted February 26, 2013.