San Jose Municipal Code Part 2 Uses Allowed

Footnotes:

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Editor's note— Ord. 30857, § 2, adopted Jan. 10, 2023, amended Part 2 in its entirety, in effect repealing and reenacting said Part 2 to read as set out herein. The former Part 2, §§ 20.70.100 - 20.70.150, pertained to similar subject matter and derived from Ords. 26248, 27091, 27441, 27564, 27701, 27757, 28320, 28447, 28694, 28731, 28791, 28958, 29011, 29047, 28089, 29122, 29254, 29420, 29447, 29523, 29546, 29631, 29804, 30029, 30227, 30290, 30372, 30422, 30516, 30696; 30727.

A. "Permitted" land uses are indicated by a "P" on Table 20-140.

B. "Permitted" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by a "PGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only in compliance with the General Plan land use restrictions related to residential use.

C. "Conditional" uses requiring Planning Commission approval as the initial decision-making body are indicated by a "C" on Table 20-140. 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 Planning Commission, or City Council on appeal, 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 20-140. 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.

E. "Conditional" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by a "CGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100; and in compliance with the General Plan land use restrictions related to residential use.

F. "Special" uses are indicated by an "S" on Table 20-140. 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.

G. "Special" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by an "SGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in compliance with a Special Use Permit as set forth in Chapter 20.100; and in compliance with the General Plan land use restrictions related to residential use.

H. "Administrative" uses are indicated by an "A" on Table 20-140. 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.

I. "Restricted" land uses are indicated by an "R" on Table 20-140. 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.

J. Land uses not permitted are indicated by a "-" on Table 20-140. Land uses not listed on Table 20-140 are not permitted.

K. The column of Table 20-140, under the heading "Additional Use Regulations for the Ground Floor Active Use Area", identifies further regulations on the uses of ground-floor building space within a portion of the DC zoning district. The portion of the DC downtown primary commercial district included in the Active Use Area is described in Section 20.70.520.

L. When the right column of Table 20-140 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote apply 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 20-140 Downtown Zoning Districts Use Regulations

Notes applicable to the Downtown Primary Commercial (DC) Zoning District, including the Active Use Area:

1. No Lot may be used solely for an Accessory Structure or Accessory Building.

2. 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.

3. Outdoor vehicle display, storage, sales, or service is not permitted.

4. Non-engine and exhaust-related service and repair allowed as incidental use.

5. Maximum occupancy load shall be that maximum occupancy load determined by the City fire marshal.

6. Pedestal 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 Downtown Zoning Districts. Hydrogen-fueling stations shall be permitted pursuant to Government Code 65850.7.

7. Includes on-site outdoor dining area(s).

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

9. 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, 2026.1

10. Outdoor storage of inventory vehicles is permitted only if the parking spaces are fully screened and located at a minimum setback of one hundred fifty (150) feet from the front property lines. The maximum number of parking spaces is limited to fifteen percent (15%) of all parking and paved areas or a maximum outdoor storage area of five thousand (5,000) square feet, whichever is more restrictive. Any other outdoor vehicle display, storage, sales, or service is not permitted. Notwithstanding this provision, one new vehicle may be displayed on a paved area outside of any on-site parking area, provided the display vehicle is not located within the public right-of-way and does not extend past the front of any on-site buildings.

11. Off-sale limited to items produced on-site otherwise a Conditional Use Permit is required.

12. Transitional Housing may be allowed as any residential housing type using the permit process for such housing type.

13. 100% deed-restricted affordable housing is a permitted use for residential housing type, 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.

14. 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.

Notes applicable to the Active Use Area only:

a. Automatic Teller Machines must be a secondary use and must be architecturally integrated into the building on which they are placed. Automatic Teller Machines may not be standalone structures. Use may not be an ATM vestibule lobby.

b. Not permitted in corner tenant spaces. Corner tenant spaces are defined as storefronts that extend up to or beyond 30 feet along the street in either direction from the intersection.

c. Includes secondhand stores that deal with antiques, artworks, or vintage clothing. Secondhand stores shall accept donated goods only indoors and during regular business hours.

d. Excludes check-cashing services and bail bond services.

e. A residential pedestrian entry portal not exceeding 25 feet in length is permitted in the Ground Floor Active Use Area.

f. Only if dedicated primarily to on-site retail customer copy services, otherwise not Permitted.

(Ords. 30857, 30984, 31095; 31149, 31298, 31329.)

A. Any project within a Historic District shall conform to applicable guidelines adopted, and as amended by the City Council.

B. 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.

C. New structures exceeding one hundred fifty (150) feet and an FAR of 6:1 which are constructed within one hundred (100) 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 Director of Planning, Building and Code Enforcement, Planning Commission or City Council.

(Ord. 31095.)

All live-work uses in the Downtown Zoning Districts shall be subject to all of the following criteria:

A. All work activities shall be limited to the permitted uses of the Downtown Zoning Districts adopted, and as amended by the City Council.

B. All work activities and storage shall take place in fully enclosed areas.

C. Prohibited Uses:

1. Any use not permitted within the Downtown Zoning Districts, as specified in Table 20-140 or under Section 20.80.720 for home occupation uses.

2. Entertainment, drinking and public eating establishments.

3. The sale of food and/or beverages.

4. Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale.

5. Storage or recycling, except as incidental to and in support of a permitted use in the Downtown Zoning Districts.

6. Activities involving biological or chemical substances that require a controlled environment or may pose a health hazard.

7. Work activities that involve hazardous material or generate odors, vibration, glare, fumes, dust, electrical interference outside the dwelling or through vertical separation between the living units, greater than those generated by routine household activities.

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

E. 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.

(Ord. 31095.)

Incidental Transient Occupancy in compliance with Part 2.5 of Chapter 20.80 of a Live/Work Unit or Multiple Dwelling is a permitted incidental use of the dwelling.

(Ord. 31095.)