Part 3 — USES ALLOWED

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 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.

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.

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.

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 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:

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

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

No services may be provided to non-residents.

All required state licenses must be maintained.

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

F.

Live/work units.

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.

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.

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

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

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

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.

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.

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

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:

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

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

In a manner that creates a public or private nuisance.

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:

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.

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

Use Zoning District Notes & Sections

UVC UV MUC MUN UR TR

Residential

One-family dwelling - - - P P P Note 6; Note 25

Two-family dwelling - - - P P P Note 6; Note 25

Accessory dwelling unit - P P P P P Part 4.5, Chapter 20.30

Mixed use development - P P P P P Note 20; Note 25; Chapter 20.195

Mixed use development - - P P - - Note 27 in Neighborhood Business District Overlay

Multiple dwelling - P P P P P Note 20; Note 25; Chapter 20.195

Streamlined Infill - P GP P GP - P GP P GP Note 27; Housing Development Section 20.200.1225; (outside of the Airport Chapter 20.195, Part 4 Influence Area)

Co-living community - S C C S S Part 3.73, Chapter 20.80

Guesthouse - S - S S S

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

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

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

Home Occupation - P P P P P Part 9, Chapter 20.80

Hotel supportive C - C - - - Note 17; Part 22, housing Chapter 20.80

Live/work uses - S S S S S Section 20.80.740

Low barrier navigation - P P P P P Chapter 20.195 center

Permanent supportive - P P P P P Note 20; Chapter 20.195 housing

Residential accessory - P P P P P Part 5, Chapter 20.30 structures or buildings

Residential care facility - P P P P P for six or fewer persons

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

Residential service - P P P P P facility for six or fewer persons

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

Single room occupancy, - - C - - - Note 25; living unit Part 15, Chapter 20.80

General Retail

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

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

Alcohol, off-sale - as A A A A A A Note 1; incidental to a winery, Part 5.75, Chapter 20.80 brewery, or distillery

Food, beverages, and P P P P P P groceries

Nursery, plant P P P P P P Note 2

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

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

Pawnshop/broker C - C - - - See Title 6

Retail art studio P P P P P P Section 20.80.1175

Retail bakery P P P P P P

Retail sales, goods, and P P P P P P merchandise

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

Agriculture & Open Space

Aquaculture, S S S S S S aquaponics, and hydroponics

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

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

Community gardens P P P P P P

Neighborhood P P P P P P Note 16; Title 7 agriculture

Education & Training

Child day care center P P P P P P Note 5 located on an 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 S Note 5

Instructional art studios P P P P P P

Private instruction, P P P P P P personal enrichment

School, elementary and C C C C C C Note 13 secondary (public or private)

School, driving (class C P P P P P P Note 3 & M license)

School, post secondary P P P P P P

School, trade and P/S P/S P/S P/S P/S P/S Note 4 and Note 13 vocational

Entertainment and Recreation

Arcade, amusement P P P P P P game

Health club, gymnasium P P P P P P

Performing arts P P P P P P rehearsal space

Poolroom/billiards P P P P P P establishment

Private club or lodge S S S S S S

Recreation, commercial P P P P P P indoor

Recreation, commercial - S - - - - outdoor

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

Stadium, more than CC CC - - - - Note 14 and Note 15 2,000 seats

Theater, indoor S S S - S S

Theater, outdoor S S S - S S

Food Services

Banquet facility S S S S S S

Caterer P P P P P P

Commercial kitchen P P P - S S

Drinking establishments S S S - S S

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

Public eating P P P P P P establishments

Public eating P P P P P P Section 20.40.520 establishment or retail establishment with incidental outdoor dining

Public eating P P P P P P Part 5.75, Chapter 20.80 establishment in conjunction with a winery, brewery, or distillery

Taproom or tasting room A A A A A A Part 5.75, Chapter 20.80 in conjunction with a

winery, brewery, or distillery

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

General Services

Bail Bonds S S S - S S Note 11; Establishment Part 1.5, Chapter 20.80

Bed and breakfast inn P P P P P P Part 2, Chapter 20.80

Dry cleaner P P P P P P

Hotel or motel P P P P P P

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

Laundromat P P P P P P

Maintenance and repair, P P P P P P small household appliances

Messenger services P P P P P P

Mortuary and funeral P P P P P P services

Personal services P P P P P P Section 20.200.880

Bail Bonds S S S - S S Establishment

Bed and breakfast inn P P P P P P

Health and Veterinary Services

Animal boarding, indoor P P P P P P Note 7

Animal grooming P P P P P P Note 7

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

Emergency ambulance C C C - C C service

Hospital/in-patient C C C - C C facility

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

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

Office, medical P P P P P P

Veterinary clinic P P P P P P

Historic Reuse

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

Industry and Manufacturing

Laboratory, processing P P P - - -

Manufacturing and P P P - - - Note 22 assembly, light

Office, research and P P P - S S Note 21 development

Offices and Financial Services

Automatic teller machine P P P P P P Section 20.80.200

Business support P P P P P P

Office, general business P P P P P P

Retail bank / Financial P P P P P P services

Public, Quasi-Public and Assembly Uses

Cemetery C C C C C C

Church/religious S S S S S S assembly

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

Museums, libraries, S S S S S S parks, playgrounds, or community centers (privately operated)

Recycling Uses

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

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

Transportation and Utilities

Community television C C C C C C antenna systems

Off-site, alternating use S S S S S Section 20.90.200 and alternative parking arrangements

Parking establishment, S - S - - - Note 23 off-street

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

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

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

Wireless communication C C C C C C Note 18; Sections antenna 20.100.1300, 20.80.1915

Wireless communication S S S S S S Note 19; antenna, slimline Sections 20.80.1900, monopole 20.80.1915

Wireless communication P P P P P P Note 19; antenna, building Sections 20.80.1910, mounted 20.80.1915

Utilities, Electrical Power Generation

Co-generation facility S S S S S S

Fuel cells P P P P P P

Private electrical power C C C C C C generation facility

Solar photovoltaic P P P P P P Section 20.100.610 C.7. system

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

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

Temporary stand- P P P P P P by/backup

Vehicle Related Uses

Sale or leasing of P P P - - - Note 24 vehicles, showroom only

Sale, vehicle parts S S S - S S Note 9

For all other vehicle related uses refer to the General Use Regulations as described in section 20.55.201 (K)

Notes:

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

Landscaping materials, such as rock, mulch, and sand are limited to prepackaged sales.

Classroom use only, no driving courses or on-site storage of vehicles permitted in UVC, UV, MUC, MUN, UR or TR Zoning Districts.

Indoor uses related to trade or vocational schools are Permitted, any outdoor uses will require a Special Use Permit.

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.

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.

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.

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.

No outdoor sales areas or dismantling allowed.

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 20-138 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.

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.

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.

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

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.

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.

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.

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.

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.

May be used as Transitional Housing.

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.

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

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, 31298.)