Part 6 — GENERAL REGULATIONS

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.

(Ords. 26248, 27091, 30190.)

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, quasi-public 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:

Santa Clara Street from San Pedro Street to Fourth Street;

Post Street from Almaden Boulevard and to First Street;

San Fernando Street from Highway 87 to Second Street;

Park Avenue from Almaden Boulevard to First Street;

San Carlos Street from Market Street to Fourth Street;

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

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.