Part 7 — SPECIAL USE PERMITS

Editor's note— Ord. 31298, § 33, adopted Feb. 3, 2026, amended Part 7 in its entirety, in effect repealing and reenacting said Part 7 to read as set out herein. The former Part 7, §§ 20.100.800 - 20.100.860, pertained to similar subject matter and derived from Ords. 26248, 27185, 29484, 29785, 30857, 31079.

The provisions of this Part apply to and govern the issuance of all permits made subject to the provisions of this Part. All permits governed under this Part shall hereinafter be referred to as Special Use Permits, and shall be issued by the Director or by the Planning Commission on appeal from a decision of the Director, except that the City Council shall issue certain Special Use Permits as identified in Section 20.100.220, Table 20-260 and for any project that requires certification of an environmental impact report for environmental clearance unless the project as proposed includes all mitigation measures identified in the draft environmental impact report for the project as necessary to reduce the impacts of the project to a less than significant level.

(Ord. 31298.)

Upon finding of an application for a Special Use Permit completed pursuant to this Chapter, the Director shall review the application and shall set a public hearing on the application.

(Ord. 31298.)

A.

In addition to any findings required by any other section of this Title, the Director, Planning Commission or City Council as appropriate, may issue a Special Use Permit only if all the following findings are made:

The Special Use Permit, as approved, is consistent with and will further the policies of the General Plan and applicable specific plans and area development policies; and

The Special Use Permit, as approved, conforms with the zoning code and all other provisions of the San José Municipal Code applicable to the project; and

The Special Use permit, as approved, is consistent with applicable City Council policies, or counterbalancing considerations justify the inconsistency; and

The proposed use at the location requested will not:

a.

Adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area; or

b.

Impair the utility or value of property of other persons located in the vicinity of the site; or

c.

Be detrimental to public health, safety, or general welfare; and

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate the use with existing and planned uses in the surrounding area; and

The proposed site is adequately served:

a.

By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; or by other forms of transit adequate to carry the kind and quantity of individuals such use would generate; and

b.

By other public or private service facilities as are required.

The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative affect on adjacent property or properties.

Project must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable.

B.

The Director, Planning Commission, or City Council as appropriate, shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ord. 31298.)

A.

A Special Use Permit may be time-conditioned, as appropriate, by the Director of Planning, Building and Code Enforcement, the Planning Commission or City Council, as appropriate.

B.

If the use authorized by the Special Use Permit is discontinued for a period of twelve (12) months, the Special Use Permit will expire and the Special Use Permit will no longer be in effect.

(Ord. 31298.)

A.

The permit holder may seek renewal of a time-conditioned Special Use Permit by filing a timely renewal application on the form provided by the Director.

B.

An application for renewal must be filed more than ninety (90) calendar days but less than one hundred eighty (180) calendar days prior to the expiration of the Special Use Permit.

C.

Once a renewal application has been filed in a timely manner, the expiration date of the Special Use Permit is automatically extended until either the issuance or denial of the application for renewal has become final.

D.

Any application filed after the renewal filing period has expired shall be deemed to be an application for a new Special Use Permit. If a new Special Use Permit is not issued prior to the expiration of the Special Use Permit, the continuation of any use which requires such permit shall be in violation of this Code.

E.

The procedures set forth in this Chapter for the processing of an application for a Special Use Permit shall equally apply to a renewal application except as hereinafter expressly set forth.

(Ord. 31298.)

A.

Consideration of a renewal application shall be based on a rebuttable presumption that the use as permitted by the Special Use Permit meets the findings of this Part.

B.

The presumption shall be rebutted by any evidence of noncompliance with any condition of any prior permit or law or ordinance, or by evidence of any changed condition in the neighborhood, or by evidence that the continued use creates a nuisance as defined by this title, or an impairment of public peace, health, safety, morals or welfare.

C.

Once the presumption has been rebutted, the Special Use Permit shall not be renewed unless the findings required by this part have been made and the Director, or Planning Commission, is satisfied that full compliance with all conditions, laws and ordinances is assured.

(Ord. 31298.)

A.

An amendment may be granted by the Director, upon a finding that the amendment does not negate any findings required by this Part.

B.

Nothing in this Section shall preclude the Commission or the City Council from modifying, adding, or deleting any condition in order to protect the public peace, health, safety, morals or welfare.

(Ord. 31298.)

The appeal of any action taken under this Part shall be governed by the procedures set forth in Sections 20.100.220 through 20.100.280.

(Ord. 31298.)