San Jose Municipal Code Part 2 Uses Allowed

A. "Permitted" land uses are indicated by a "P" on Table 20-110.

B. "Permitted" uses which may be approved only on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the Combined Industrial/Commercial land use designation or, in the case of Hotel or Motel establishments, which may also be approved on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the Preferred Hotel Site Overlay, are indicated by a "P GP" on Table 20-110.

C. "Conditional" uses are indicated by a "C" on Table 20-110. 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 property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the Combined Industrial/Commercial Designation or, in the case of Hotel or/Motel establishments, may also be approved on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the preferred Hotel Site Overlay, are indicated by a "C GP" on Table 20-110. 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.

D. "Conditional" uses requiring City Council approval as the initial decision-making body are indicated by a "CC" on Table 20-110. 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.

"Conditional" uses which may be approved only on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with the Combined Industrial/Commercial designation are indicated by a "CC GP" on Table 20-110. 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.

E. "Special" uses are indicated by an "S" on Table 20-110. 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. "Administrative" uses are indicated by an "A" on Table 20-110. 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.

G. "Restricted" land uses are indicated by an "R GP" on Table 20-110. 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. "Restricted" uses may only occur on property designated on the Land Use/Transportation Diagram of the General Plan, as amended, with a Combined/Industrial Commercial, Industrial Park, Light Industrial, or Heavy Industrial designation.

H. Land uses not permitted are indicated by a "-" on Table 20-110. Land uses not listed on Table 20-110 are not permitted.

I. When the right column of Table 20-110 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 20-110 Industrial Zoning District Use Regulations

Notes:

1. Site must be seven (7) acres or more.

2. In TEC, only allowed in existing buildings with a valid certificate of occupancy as of (the effective date of this ordinance). Not allowed more than 5% expansion of the existing building floor area ratio for the portion of the building occupied by the use subject to this note.

3. 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.

4. All vehicle-related repair, service, and accessory or other installation, excepting the cleaning of vehicles, shall be conducted within a fully enclosed Building.

5. Commercial support uses are subject to and limited by Section 20.50.110. Commercial support uses subject to Section 20.50.110 A. are permitted (P) uses. Commercial support uses subject to Section 20.50.110 B. in the primary Industrial Park Building(s) require an administrative (A) permit. Commercial support uses subject to Section 20.50.110 C. in a single-use Building require a Development Permit. Public Eating Establishments in the LI or HI districts are limited to a maximum of six hundred fifty (650) gross square feet in size.

6. Refer to the General Plan for criteria to determine if the use is permissible at the proposed location.

7. Crematories shall be separated by at least five hundred (500) linear feet from residential uses, schools, and day care centers, which distance(s) shall be measured from the nearest points of the Parcel boundary on which the crematory is proposed and the Parcel boundary on which the residential, school or day care center use is located.

8. 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 Industrial Zoning Districts. Hydrogen-fueling stations shall be permitted pursuant to Government Code 65850.7.

9. Vehicle parts sales are permitted in the LI district when the total floor area dedicated to retail display and open to the public occupies no more than fifteen (15%) percent of the gross floor area of the individual tenant space. Vehicle parts sales establishments that exceed fifteen (15%) percent of the gross floor area of the individual tenant space are subject to a Special Use Permit.

10. Any incidental vehicle-related repair, service, and accessory or other installation, excepting the cleaning of vehicles, shall be conducted within a fully enclosed building.

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

12. Off-sale of alcoholic beverages. The total square footage of alcoholic beverages on display in a retail area and the total square footage of retail floor area in which alcoholic beverages are displayed for sale shall be the lesser of the following:

a. Two hundred fifty (250) gross square feet; or

b. Five (5%) percent of the winery's, brewery's, or distillery's entire gross floor area; and any and all alcoholic beverages made available for retail sale shall be limited only to those alcoholic beverages manufactured and produced on-site.

13. At least two hundred (200) rooms and four (4) or more stories in height are required for hotels located in the TEC Transit Employment Center Zoning District.

14. The use is allowed in the TEC district only on the first or second floor of a building containing another permitted, special, or conditional use of the TEC Zoning District that is not subject to this note. Not allowed as a standalone use.

15. Primary uses include sporting events, large assembly, 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.

16. Use permit applications for stadiums that consist of more than two thousand (2,000) seats and that are in an airport influence area shall be referred to the Santa Clara Airport Land Use Commission prior to approval by the City.

17. 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.

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

19. Vehicle auctions are permitted as part of a Vehicle tow yard.

20. Day care centers are allowed in the IP and TEC Zoning Districts as incidental uses to the primary TEC or IP development, not as a standalone use.

21. Special Use Permit required if within 150 feet of residentially used or zoned lot; Permitted if not within 150 feet of residentially used or zoned lot.

22. Outdoor Animal Boarding is allowed through a Special Use Permit in the CIC Zoning District.

23. Permitted in the CIC Zoning district for classroom use only, outside vehicle storage requires a Special Use Permit.

24. Only schools which offer driving instruction for commercial vehicles are permitted in this zoning district.

(Ords. 26248, 26304, 26305, 26388, 26455, 26456, 26495, 26704, 27076, 27106, 27231, 27468, 27607, 27701, 27757, 27797, 28320, 28321, 28460, 28579, 28791, 28958, 29011, 29012, 29042, 29122, 29218, 29254, 29312, 29420, 29447, 29546, 29804, 30029, 30190, 30209, 30254, 30290, 30372, 30480, 30696, 30727, 30786, 31097; 31149, 31298.)

A. With the exception of commercial support uses that are subject to Subsections B or C herein, commercial support is permitted in the IP Industrial Park and TEC Transit Employment Center districts only when all of the following criteria are met:

1. Such commercial uses serve the immediate area; and

2. Such commercial uses are located entirely within Buildings occupied by primary uses permitted in the IP or TEC districts; and

3. The sum of all such commercial uses in any single building on the site occupies no more than ten (10%) percent of the gross floor area of the building or no more than twenty thousand square feet, whichever is less; or, in the case of medical offices as the sole commercial support use in a building, the sum of such medical office use in any single building on the site occupies no more than twenty (20%) percent of the gross floor area of the building or no more than twenty thousand square feet, whichever is less; and

4. Such commercial uses are limited to the following:

5. Retail; including off-sale of alcohol, subject to a conditional use permit, except that retail sales incidental to a winery, brewery, or distillery which are regulated by Part 5.75 of Chapter 20.80 do not require a conditional use permit.

6. Recreation, commercial/indoor.

7. Health club, gymnasium.

8. Personal service establishment.

9. Public eating establishment.

10. Outdoor dining, incidental to a public eating establishment.

11. Financial institution.

12. Medical clinic.

13. Medical office.

14. Amusement game devices, up to nine per business establishment, as an (incident) to one or more of the above enumerated commercial uses.

B. Commercial support uses in any single building occupying more than ten (10%) percent of the gross floor area of the building or more than twenty thousand (20,000) square feet is permitted within the boundaries of the North San José Area Development Policy only when all of the following criteria are met:

1. Such commercial uses are consistent with the North San José Area Development Policy; and

2. Such commercial uses are located in the IP Industrial Park District; and

3. Such commercial uses serve the immediate area; and

4. Such commercial uses are located entirely within Buildings occupied by primary uses permitted in the IP district; and

5. Such commercial uses meet all of the following criteria:

a. Must be developed under an approved Administrative (A) Permit;

b. Is developed in support of Research and Development uses or Office, Research and Development, and has a General Plan land use designation that support such uses; and

c. Includes a parking arrangement that is established through reciprocal cross-access easements or other enforceable mechanism(s) to serve all uses on the Site; and

6. The sum of all such commercial uses on any single Site occupies no more than twenty (20%) percent of the gross floor area of the Building or no more than forty thousand (40,000) square feet, whichever is less; and

7. Such commercial uses are limited to the following:

a. Retail, including off-sale of alcohol subject to a conditional use permit.

b. Recreation, Commercial/Indoor.

c. Personal Service Establishment.

d. Public Eating Establishment.

e. Outdoor dining, incidental to a public eating establishment, subject to a special use permit if within one hundred and fifty (150) feet of residentially-used or residentially-zoned lot.

f. Amusement Game Devices, up to nine (9) per business establishment, as incidental to one or more of the above enumerated commercial uses, subject to approval of license by the chief of police.

C. Commercial support in a single-use Building is permitted within the boundaries of the North San José Area Development Policy only when all of the following criteria are met:

1. Such commercial uses are consistent with the North San José Area Development Policy; and

2. Such commercial uses are located in the IP Industrial Park District; and

3. Such commercial uses serve the immediate area; and

4. Such commercial uses are situated within a Site that also meets all of the following criteria:

a. Must be developed under an approved Development Permit that encumbers the primary Industrial Park Building(s) on the Site as well as the incidental single-use Building;

b. Is developed in support of Research and Development uses or Office, Research and Development, and is in a Zoning District and has a General Plan land use designation that support such uses; and

c. Includes a parking arrangement that is established through reciprocal cross-access easements or other enforceable mechanism(s) to serve all uses on the Site; and

5. The sum of all such commercial uses on any single Site occupies no more than twenty (20%) percent of the gross floor area of Buildings or no more than forty thousand (40,000) square feet, whichever is less; and

6. Such commercial uses are limited to the following:

a. Retail, including off-sale of alcohol subject to a conditional use permit.

b. Recreation, Commercial/Indoor.

c. Personal Service Establishment.

d. Public Eating Establishment.

e. Outdoor dining, incidental to a public eating establishment, subject to a special use permit if within one hundred and fifty (150) feet of residentially-used or residentially-zoned lot.

f. Amusement Game Devices, up to nine (9) per business establishment, as incidental to one or more of the above enumerated commercial uses, subject to approval of license by the chief of police.

D. For the purposes of this Section, "single-use building" means a building limited in use to only those uses enumerated in Section 20.50.110 C.6.

(Ords. 26248, 26704, 27607, 27701, 27797, 28460, 29312, 30290, 30372, 30786.)

Public eating establishments are permitted in the LI light industrial and HI heavy industrial districts only when such use occupies no more than six hundred fifty gross square feet of floor area.

(Ord. 28460.)

Editor's note— Section 20.50.115, which pertained to large format commercial establishment, associated commercial and derived from Ordinance 28321, was repealed by Ordinance 30290, passed August 6, 2019.

Incidental retail sales are a permitted use in the LI Light Industrial and HI Heavy Industrial Districts, only when the incidental retail sales use meets all of the following conditions:

1. The incidental retail sales is directly related to and supportive of an existing industrial permitted or conditional use operating on the site, and;

2. The incidental retail sales:

a. Occupies no more than fifteen (15) percent of the building floor area used and occupied by the existing subject industrial permitted or conditional use; or

b. Is incidental to the wholesale of construction materials including but not limited to lumber, tile, stone, plumbing materials, garage doors, windows and roofing, and no more than thirty percent of the building floor area is used for product display/retail sales.

(Ords. 27607, 28321.)

A. Incidental office use is a permitted use in the LI Light Industrial and HI Heavy Industrial Districts, only when the incidental office use meets all of the following conditions:

1. The incidental office use is directly related to and supportive of an existing industrial permitted, conditional, or special use operating on the site; and

2. The incidental office use occupies a total of no more than fifteen (15) percent or up to 5,000 square feet, whichever is greater, of the site area used and occupied by the existing subject industrial permitted, conditional, or special use.

B. No additional parking will be required for the incidental office use if the incidental office use occupies no more than fifteen (15) percent or up to 5,000 square feet, whichever is greater, of the site area used and occupied by the existing subject industrial permitted, conditional, or special use.

(Ords. 30190, 30282.)

A conditional use permit may be issued for warehouse retail in the IP industrial park, LI light industrial, and HI heavy industrial districts only when all of the following criteria are met:

A. Such warehouse retail use occupies a minimum of ten thousand square feet of floor area; and

B. The display of large items, including but not limited to furniture, appliances and machinery, occupies a minimum of ninety percent of the retail display floor area; and

C. A maximum of one parking space per two hundred fifty square feet of floor area shall be provided to serve the use; and

D. The planning commission, or city council on appeal, finds that the proposed warehouse retail use is compatible with the industrial character of the surrounding neighborhood and will not constrain the use of adjacent properties for industrial purposes or constrain future use of the site for industrial purposes.

(Ord. 28460.)

A. A conditional use permit may be issued for warehouse indoor retail sale of passenger vehicles, pick-up trucks not exceeding twenty-five feet in length, and motorcycles in the industrial zoning districts only when all of the following criteria are met:

1. Such warehouse use occupies a minimum of ten thousand square feet of floor area in existing industrial buildings; and

2. The display of passenger vehicles, pick-up trucks not exceeding twenty-five feet in length or motorcycles, occurs solely indoors and occupies a minimum of ninety percent of the floor area that is open to the public in the existing industrial buildings; and

3. A maximum of one vehicle parking space per two hundred fifty square feet of floor area shall be provided to serve the use; and

4. The planning commission, or city council on appeal, finds that the proposed use is compatible with the industrial character of the surrounding neighborhood and will not constrain the use of adjacent properties for industrial purposes or constrain future use of the site for industrial purposes.

5. On sites that have a general plan land use/transportation diagram designation of heavy industrial or light industrial the following additional provisions shall apply:

a. Retail sale of vehicle parts is prohibited.

b. Scheduled appointments shall be required for the public to visit the portion of the site where the use is located.

B. No minimum vehicle parking is required for the use, notwithstanding the vehicle parking requirements in Chapter 20.90 of this title.

(Ord. 29312.)