San Jose Municipal Code Part 10.5 Conversion of Parking to Other Outdoor Uses

This part regulates the conversion of previously permitted vehicular parking areas into areas designated for outdoor dining or other outdoor uses associated with an on-site business, including outdoor dining uses within 150 feet of residentially zoned property. The specific purposes of this part are to safeguard the urban environment by permitting such uses in a manner consistent with safe and efficient circulation of pedestrian and vehicles, protecting the safety of users of the outdoor areas and by protecting the integrity and character of the surrounding neighborhood, properties and uses.

(Ords. 30857, 31079.)

No person shall convert a previously permitted vehicular parking area into space designated for outdoor dining or other outdoor uses associated with an on-site use on any privately owned parcel or lot except in compliance with an administrative permit issued pursuant to this title.

(Ords. 30857, 31079.)

Nothing in this part shall regulate or prohibit the following uses:

1. The conversion of existing parking to outdoor dining or other outdoor activity area may be allowed through a Permit Adjustment, pursuant to section 20.100.500.A.15. if the following requirements are met:

a. Outdoor dining or other outdoor activity area does not affect on-site vehicular circulation.

b. Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district, it shall conform to this Part except that the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet; and

c. Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district, it shall conform to this Part except that the use shall not operate between the hours of 9:00 p.m. to 7:00 a.m. on Monday through Thursday, and 10:00 p.m. to 7:00 a.m. on Friday through Sunday.

2. The conversion of existing parking to outdoor dining or other outdoor activity area that would not be in conformance with this Part may only be allowed through a Special Use Permit, pursuant to Chapter 20.100, Part 7.

(Ords. 30857, 31079.)

All conversions of parking to outdoor dining or other outdoor activity area must comply with the following conditions:

1. Outdoor dining or other outdoor activity areas shall be designed to maintain necessary clearances for circulation and access to public right-of-way; and

2. In areas no longer used for parking, wheel stops and striping shall be removed; and

3. Circulation and drive aisles shall be modified as necessary to ensure continuous safe operation of the remaining parking and drive aisles; and

4. Seating areas shall be differentiated from parking area through grade differentials (minimum 6 inches) or permanent barriers that are architecturally consistent with the site; and

5. Driveways and curb cuts that are no longer utilized shall be removed; and

6. Chain link fencing is prohibited; and

7. Outdoor dining area or other outdoor activity areas must not have electrical cords that may cause injury; and

8. The existing facility must meet on-site bicycle parking requirements per Chapter 20.90, Part 2.5; and

9. A maximum of fifty (50) seats and 800 square feet may be allowed per establishment; and

10. If the dining area or other outdoor activity area will include a temporary canopy larger than 700 square feet or a tent larger than 400 square feet in the outdoor dining area, it will also require a permit from the San José Fire Department; and

11. For outdoor dining or other outdoor activity area outside of downtown that is within 150 feet of residentially zoned property, no amplified sound is allowed unless the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet. If the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet, amplified sound is permitted where it is not audible to adjacent sites; and

12. For outdoor dining or other outdoor activity area that is not within 150 feet of a residential zoning district no amplified sound that is audible to adjacent sites with the exception of downtown. No amplified sound that is disturbing or unreasonably loud to persons on neighboring property shall be audible to adjacent sites in downtown; and

13. The outdoor dining or other outdoor activity area shall not produce any noise that does not comply with the performance standards of the Zoning district it is situated within; and

14. Outdoor dining or other outdoor activities shall not operate between the hours of 12:00 midnight and 6:00 a.m.; Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district the use shall not operate between the hours of 9:00 p.m. to 7:00 a.m. on Monday through Thursday, and 10:00 p.m. to 7:00 a.m. on Friday through Sunday; and

15. The outdoor dining or other outdoor activity area is operated in a manner that does not create a private or public nuisance; and

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

(Ords. 30857, 31079.)