Part 2 — USES ALLOWED

Editor's note— Ord. 30857, § 2, adopted Jan. 10, 2023, amended Part 2 in its entirety, in effect repealing and reenacting said Part 2 to read as set out herein. The former Part 2, §§ 20.70.100 - 20.70.150, pertained to similar subject matter and derived from Ords. 26248, 27091, 27441, 27564, 27701, 27757, 28320, 28447, 28694, 28731, 28791, 28958, 29011, 29047, 28089, 29122, 29254, 29420, 29447, 29523, 29546, 29631, 29804, 30029, 30227, 30290, 30372, 30422, 30516, 30696; 30727.

A.

"Permitted" land uses are indicated by a "P" on Table 20-140.

B.

"Permitted" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by a "PGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only in compliance with the General Plan land use restrictions related to residential use.

C.

"Conditional" uses requiring Planning Commission approval as the initial decision-making body are indicated by a "C" on Table 20-140. 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 Planning Commission, or City Council on appeal, as set forth in Chapter 20.100.

D.

"Conditional" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by a "CGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100; and in compliance with the General Plan land use restrictions related to residential use.

E.

"Special" uses are indicated by an "S" on Table 20-140. 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.

F.

"Special" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by an "SGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in compliance with a Special Use Permit as set forth in Chapter 20.100; and in compliance with the General Plan land use restrictions related to residential use.

G.

"Administrative" uses are indicated by an "A" on Table 20-140. 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.

H.

"Restricted" land uses are indicated by an "R" on Table 20-140. 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.

I.

Land uses not permitted are indicated by a "-" on Table 20-140. Land uses not listed on Table 20-140 are not permitted.

J.

The column of Table 20-140, under the heading "Additional Use Regulations for the Ground Floor Active Use Area Overlay", identifies further regulations on the uses of ground-floor building space within a portion of the DC zoning district. The portion of the DC downtown primary commercial district included in the Active Use Area Overlay is described in Section 20.70.520.

K.

When the right column of Table 20-140 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote apply 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 20-140 Downtown Zoning Districts Use Regulations

Use Zoning District Applicable Notes & Regulations

DC DC-NT1 Additional Use Applicable to
Regulations for All
the AUA Downtown
Overlay Districts

Offices and Financial Services

Automatic teller machine P P P Note a; Section 20.80.200

Business support use P P P

Financial services P P P Note b

Retail bank P P P Note b

Offices, business and P P S Section administrative 20.70.110

Payday lending establishment R R - Part 12.5, Chapter 20.80; Section 20.80.875

Research and development P P -

General Retail

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

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

Alcohol, off-sale - as incidental to A A A Note 11; Part a winery, brewery, or distillery 5.75, Chapter 20.80

Food, beverages, and groceries P P P

Outdoor vending A A A Note b; Part 10, Chapter 20.80

Outdoor vending - fresh fruits P P P Note b; Part 10, and vegetables Chapter 20.80

Pawn shop or pawn broker, C C C Note b; incidental to a retail jewelry store Chapter 6.52

Retail bakery P P P

Retail art studio P P P

Retail sales, goods, and P P P Note c merchandise

Seasonal sales P P P Part 14, Chapter 20.80

Agriculture

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

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

Neighborhood agriculture P P P

Education and Training

Day care center P P P Note b

Instructional art studios P P P

Private instruction, personal P P P Note b enrichment

School, elementary - grades K-8 C C C Note b (public or private)

School, secondary - grades 9-12 C C C Note b (public or private)

School, post-secondary P P -

School, trade and vocational P P P Note b

Entertainment and Recreation Related

Arcade, amusement game P - P Note b

Health club, gymnasium P P P

Lighting display A/S A/S A/S Section 20.70.150

Theater, indoor P P P

Poolroom/billiards establishment P - P

Private club or lodge P P -

Recreation commercial/indoor P P P

Food Services

Banquet - facility P P P

Caterer P P P Note b

Drinking establishments S C S

Drinking establishments with an CC - CC Note 5 approved maximum occupancy load of over 250 persons and that operate between 12:00 midnight and 6:00 a.m.

Drinking establishments interior P P - Section to a full-service hotel or motel 20.80.475 with 75 or more guest rooms

Public eating establishments P P P Note 7

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

Taproom or tasting room in A S A Part 5.75, conjunction with a winery, Chapter 20.80 brewery, or distillery

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

General Services

Bed and breakfast inn P P P Note b; Part 2, Chapter 20.80

Hotel or motel P P P

Laundromat P P P Note b

Maintenance and repair of small P P P Note b household appliances

Personal services P P P Note d

Printing and publishing P P P Note b and Note f

Health and Veterinary Services

Animal grooming P P P Note b

Animal boarding, indoor P P P Note b

Cannabis retail storefront R R R Part 9.75, Chapter 20.80

Emergency ambulance service C - -

Hospital/in-patient facility C - -

Medical cannabis dispensary R R R Part 9.75, Chapter 20.80

Office, medical P P P Note b

Veterinarian P P P Note b

Historic Reuse

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

Public, Quasi-Public and Assembly Uses

Auditorium C - C

Church/religious assembly P P -

Information center P P P

Museums and libraries P - P

Parks, playgrounds, or P P S community centers

Recycling Uses

Reverse vending machine S S - Part 13, Chapter 20.80

Small collection facility S S - Part 13, Chapter 20.80

Residential GP

Emergency residential shelter, CGP - - Note e; Section more than 150 beds 20.80.500

Emergency residential shelter, PGP - - Note e; Section 150 beds or fewer 20.80.500, Chapter 20.195

Live/work uses PGP SGP Note e; Section 20.70.120

Low barrier navigation center PGP PGP - Chapter 20.195

Permanent supportive housing PGP PGP - Chapter 20.195

Residential, multiple dwelling PGP PGP - Note 12, Note 13, and Note e

Co-living community S S - Note e; Part 3.75, Chapter 20.80

Residential care facility for seven CGP CGP - Note e or more persons

Residential services facility, for CGP CGP - Note e seven or more persons

Hotel supportive housing CGP CGP - Note 9 and Note e; Part 22

of Chapter 20.80

Single room occupancy (SRO) SGP SGP - Note 12 and living unit facility Note e; Part 15, Chapter 20.80

Single room occupancy (SRO) S S - Note 12 and residential hotel Note e; Part 15, Chapter 20.80

Residential Accessory Uses GP

Accessory buildings and PGP PGP - Note 1 accessory structures

Transportation and Communication

Community television antenna C - - systems

Off-street parking establishment P P -

Short term parking lot for uses or S S - events other than on-site

Radio and television studios P - -

Wireless communications S - - Note 8; antenna Sections 20.80.1900, 20.80.1915

Wireless communications P - - Note 8; antenna, building mounted Sections 20.80.1900, 20.80.1915

Utilities, Power Generation

Private electrical power C C - generation facility

Solar photovoltaic power system P P - Section

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

Temporary stand-by/backup P P - generators

Vehicle Related Uses

Car wash, detailing P - -

Fuel service station or charge P - - Note 6 station, no incidental service or repair

Fuel service station or charge P - - Note 2 station, with incidental service or repair

Sale and lease, vehicles and P - - Note 3 equipment (less than one ton)

Sale and lease, Zero Emission P - - Note 10 Zero Vehicles and equipment Emission Vehicles and Equipment Defined by California Code of Regulations, Title 13, Section 1962.2(i)(18)

Tires, batteries, accessories, P - - Note 4 lube, oil change, smog check station, air conditioning

Sale, vehicle parts, new P - -

Notes applicable to the Downtown Primary Commercial (DC) Zoning District, including the Active Use Area Overlay:

No Lot may be used solely for an Accessory Structure or Accessory Building.

Incidental repair includes air conditioning service, carburetor and fuel injection service, electrical service, radiator service, and tune-up, lube, oil change, and smog check, as well as tires, batteries, and accessories installation. Does not allow body repair or painting.

Outdoor vehicle display, storage, sales, or service is not permitted.

Non-engine and exhaust-related service and repair allowed as incidental use.

Maximum occupancy load shall be that maximum occupancy load determined by the City fire marshal.

Pedestal Charge 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 Downtown Zoning Districts. Hydrogen-fueling stations shall be permitted pursuant to Government Code 65850.7.

Includes on-site outdoor dining area(s).

Certain modifications of existing Wireless Facilities may be Permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.

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, 2026.1

Outdoor storage of inventory vehicles is permitted only if the parking spaces are fully screened and located at a minimum setback of one hundred fifty (150) feet from the front property lines. The maximum number of parking spaces is limited to fifteen percent (15%) of all parking and paved areas or a maximum outdoor storage area of five thousand (5,000) square feet, whichever is more restrictive. Any other outdoor vehicle display, storage, sales, or service is not permitted. Notwithstanding this provision, one new vehicle may be displayed on a paved area outside of any on-site parking area, provided the display vehicle is not located within the public right-of-way and does not extend past the front of any on-site buildings.

Off-sale limited to items produced on-site otherwise a Conditional Use Permit is required.

Transitional Housing may be allowed as any residential housing type using the permit process for such housing type.

100% deed-restricted affordable housing is a permitted use for residential housing type, 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.

Notes applicable to the Active Use Overlay only:

a.

Automatic Teller Machines must be a secondary use and must be architecturally integrated into the building on which they are placed. Automatic Teller Machines may not be standalone structures. Use may not be an ATM vestibule lobby.

b.

Not permitted in corner tenant spaces. Corner tenant spaces are defined as storefronts that extend up to or beyond 30 feet along the street in either direction from the intersection.

c.

Includes secondhand stores that deal with antiques, artworks, or vintage clothing. Secondhand stores shall accept donated goods only indoors and during regular business hours.

d.

Excludes check-cashing services and bail bond services.

e.

A residential pedestrian entry portal not exceeding 25 feet in length is permitted in the Ground Floor Active Use Area.

f.

Only if dedicated primarily to on-site retail customer copy services, otherwise not Permitted.

(Ords. 30857, 30984, 31095; 31149, 31298.)

A.

Any project within a Historic District shall conform to applicable guidelines adopted, and as amended by the City Council.

B.

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.

C.

New structures exceeding one hundred fifty (150) feet and an FAR of 6:1 which are constructed within one hundred (100) 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 Director of Planning, Building and Code Enforcement, Planning Commission or City Council.

(Ord. 31095.)

All live-work uses in the Downtown Zoning Districts shall be subject to all of the following criteria:

A.

All work activities shall be limited to the permitted uses of the Downtown Zoning Districts adopted, and as amended by the City Council.

B.

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

C.

Prohibited Uses:

Any use not permitted within the Downtown Zoning Districts, as specified in Table 20-140 or under Section 20.80.720 for home occupation uses.

Entertainment, drinking and public eating establishments.

The sale of food and/or beverages.

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

Storage or recycling, except as incidental to and in support of a permitted use in the Downtown Zoning Districts.

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

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

generated by routine household activities.

D.

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

E.

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.

(Ord. 31095.)

Incidental Transient Occupancy in compliance with Part 2.5 of Chapter 20.80 of a Live/Work Unit or Multiple Dwelling is a permitted incidental use of the dwelling.

(Ord. 31095.)

Part 3 - DEVELOPMENT REGULATIONS

A.

Except as otherwise specified in this chapter, properties located in the downtown zoning districts shall only be subject to the height limitations necessary for the safe operation of San José International Airport.

B.

No building or structure, together with any equipment or objects attached to such building or structure, shall be permitted of a height that exceeds the elevation restrictions prescribed under Federal Aviation Regulations Part 77 (14 C.F.R. Part 77), as amended, unless the proposed height is specifically reviewed in an aeronautical study prepared by the Federal Aviation Administration in accordance with such federal regulations and the study concludes that the proposed building or structure does not constitute an obstruction or hazard to air operations.

(Ords. 26248, 27091.)

Except as otherwise specified in this chapter, properties located in the DC districts shall not be subject to any minimum setback requirements.

(Ords. 26248, 27091.)

All development regulations in the DC-NT1 district shall conform to the development regulations set forth below in Table 20-150.

Table 20-150

Location Height Setback* Special Supplemental Limit* Conditions* Standards*

Balbach (south side, 10 feet 50-foot setback required between Almaden for portions of buildings Avenue and Almaden above 70 feet Boulevard)

Almaden Avenue (west 35 feet or 2 - 1/2 stories side between Balbach and Reed Streets)

Almaden Boulevard (east 70 feet (to a maximum Planning Commission Portions of buildings side between Almaden depth of 100 feet) may allow heights up to higher than 70 feet shall Blvd. and Almaden 100 feet to a maximum be: Avenue between Balbach depth of 100 feet from 1. Limited to 100 feet in Street and I-280) Almaden Blvd and at a length and a diagonal no minimum distance of 50 greater than 125 feet. feet from Balbach, if Shorter side to be design guidelines are met generally parallel to Almaden Blvd. 2. Set back one foot from common property lines for each two feet in excess of 70 feet

Market Street (west side, 60 feet Front and side setbacks Setbacks allowed for Balbach to Pierce) not permitted recessed entries

Market Street (west side, 120 feet Minimum 10 feet to Height may not exceed a Pierce to Hwy. 280) residential property line slope of 3:2, as measured from ground level at the adjacent residentially zoned property line

• Where no standard is specified, the development standards of the DC District shall prevail

(Ord. 27091.)