San Jose Municipal Code § 20.40.100 Allowed uses and permit requirements

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

Notes applicable to all commercial districts:

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

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

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

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

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

6. 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.

7. Use must be less than twenty-four hours.

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

9. 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.

10. 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.

11. No outdoor sales areas or dismantling allowed.

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

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

14. 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.

15. 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.

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

17. 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.

18. 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.

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

20. 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.

21. 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.

22. 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.

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

24. Restricted outside of Urban Villages; Prohibited in Urban Villages.

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

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

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

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

29. 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.

30. 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.

31. Child Day Care Centers are considered a permitted use when co-located as part of a multi-family housing development that is equal or less in square footage when compared to the multi-family development.

(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, 31329.)

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:

1. 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;

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

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

4. 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;

5. 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.