San Jose Municipal Code Part 1 General Provisions

The purpose of this chapter is to:

A. Promote effective vehicle circulation, reduce congestion, increase safety and aesthetics within the off-street parking and off-street loading areas.

B. Promote proper siting of the off-street vehicle parking or off-street loading areas to minimize potential adverse effects on adjacent land uses.

C. Encourage the use of alternative modes of transportation and reduce trips by establishing standards for on-site shower and changing rooms.

D. Ensure access and maneuverability for emergency vehicles.

E. Encourage bicycles as an alternative mode of transportation by providing adequate, convenient, and secure bicycle parking facilities to meet the needs generated by specific uses.

F. Ensure that new development is designed to support sustainable transportation choices for residents, employees, and visitors. The provisions contained herein implement Envision San José 2040, and Climate Smart San José, state legislation including Senate Bill (SB) 743, the Sustainable Communities and Climate Protection Act of 2008 (SB 375), the California Global Warming Solutions Act of 2006 (AB 32), the California Complete Streets Act of 2008, and Bay Area Air Quality Management District (BAAQMD) Regulation 14.

G. Reduce dependence on drive-alone trips and increase sustainable mode share to comply with the directives of SB 743, including the development of multimodal transportation system and a diversity of land uses, and applicable requirements under Bay Area Air Quality Management District (BAAQMD) Regulation 14.

H. In compliance with SB 743, mitigate the transportation impacts resulting from new development by providing sustainable, accessible, and affordable transportation options that support the journeys of people of all income levels and modal choices.

I. Support the strong link between land use and transportation through promotion of infill development and mixed land uses that bring common destinations closer to people and make efficient use of infrastructure.

J. Improve air quality and public health outcomes, and reduce San José's contribution towards climate change-through encouragement of sustainable mobility options and reduction of Vehicle Miles Traveled (VMT) and associated greenhouse gas emissions generated by driving.

K. Advance equity, particularly in disadvantaged communities whose transportation access has been historically underserved, through the provision of safe, affordable, and accessible travel options that: connect people to jobs, services, and opportunities; improve health outcomes; and increase the resilience of environmentally impacted communities.

L. Improve street safety and reduce transportation-related collision risks through the provision of bicycle, pedestrian, and transit infrastructure and services. Support the goal of Vision Zero to eliminate traffic fatalities and severe injuries, particularly in areas of the City with the highest incidences, which disproportionately includes disadvantaged communities.

M. Implement a balanced transportation network by embracing Complete Streets principles of safety, comfort, and convenience for all users of the public right-of-way.

(Ords. 26248, 28836, 28858, 30857.)

A. Every building for which a building permit application for new square footage was submitted on or after January 1, 2011, shall provide the required bicycle parking spaces in compliance with the provisions of this chapter.

B. Every development that creates more than five thousand square feet of outdoor uses for which a development permit application was submitted on or after January 1, 2011 shall provide the required bicycle parking spaces for the outdoor uses in compliance with the provisions of this chapter.

(Ords. 26248, 27091, 28836, 29217, 30857.)

A. This chapter incorporates by reference and adopts the objectives, criteria, and procedures for mandatory bicycle parking requirements contained in the California Green Building Standards Code.

B. This title implements the mandatory bicycle parking requirements of the California Green Building Standards Code. To the extent there is any conflict between this title and the mandatory parking standards contained in the California Green Building Standards Code, the mandatory bicycle parking standards contained in the California Green Building Standards Code shall prevail whenever those standards are stricter or more restrictive than the standards set forth in this title. To the extent that the bicycle parking standards in this title are more stringent than the mandatory parking standards contained in the California Green Building Standards Code, the parking standards contained in this title shall prevail.

(Ords. 28836, 30857.)

A. Off-street vehicle parking spaces existing on February 19, 2001, and/or required as a condition of any permit or approval by the City of San José, shall not be reduced in number or size without an approved development permit, or a permit adjustment if no development permit is required, in accordance with the requirements of Chapter 20.100.

B. Off-street bicycle parking spaces existing on December 31, 2010 and/or required as a condition of any permit or approval by the City of San José shall not be reduced in number or size without an approved development permit in accordance with the requirements of Chapter 20.100.

(Ords. 26248, 28836, 29217, 30857.)

An off-street vehicle parking space for one use shall not be considered to provide a required off-street parking space for any other use except in the case of an alternating use in accordance with Section 20.90.200.

(Ords. 26248, 28836.)

For the purposes of this Chapter 20.90, the following definitions apply:

A. "Off-street vehicle parking space" means the area, other than a public street, public way, or other public property, (and exclusive of off-street loading spaces) permanently reserved or set aside for the parking of one automobile or other motor vehicle or clean air vehicle under one and one-half ton capacity, together with and plus maneuvering areas as are hereinafter specified in this title; and whenever in this title the unmodified term "parking space" is used it shall, unless the context clearly requires otherwise, be construed as meaning off-street vehicle parking space.

B. "Number of employees" means the greatest number of employees who are or may be on the premises associated with a specific use during any one working shift or period of time of the day or night, as determined by the director of planning.

C. "Full-time employee" means the total number of hours all employees spend on the parcel during the peak eight-hour occupancy period of the parcel divided by eight hours.

D. "Floor area" shall mean eighty-five percent of the "total gross floor area" of the building.

E. "Total gross floor area" shall mean the sum of the gross horizontal areas of the several floors of the building, (including floors below as well as above ground), confined within the interior faces of the exterior walls of the building. A party wall between buildings shall be deemed an exterior wall of each of the buildings of which it is a part.

F. "Long-term bicycle parking facilities" are secure bicycle storage facilities for tenants or occupants of a building or development that fully enclose and protect bicycles and may include:

1. A covered, access-controlled enclosure such as a fenced and gated area with short-term bicycle parking facilities;

2. An access-controlled room with short-term bicycle parking facilities; and

3. Individual bicycle lockers that securely enclose one bicycle per locker.

G. "Short-term bicycle parking facilities" mean bicycle facilities accessible and usable by visitors, guests or business patrons and may include:

1. Permanently anchored bicycle racks;

2. Covered, lockable enclosures with permanently anchored racks for bicycles;

3. Lockable bicycle rooms with permanently anchored racks; and

4. Lockable, permanently anchored bicycle lockers.

H. "Clean air vehicles" means any combination of low-emitting, fuel efficient, and carpool or van pool vehicles.

I. "Home-End Uses (HEU)" are uses whose parking demand and VMT are largely determined by vehicle ownership rates and use frequency among the residents of these uses.

J. "Commute-End Uses (CEU)" are uses whose parking demand and VMT are largely determined by the volume of commuters driving to jobs generated by these uses.

K. "Visit-End Uses (VEU)" are uses whose parking demand and VMT are largely determined by the volume of visitors driving to access goods, services, and social connection provided through these uses.

L. "Other Uses (OTH)" are uses that typically generate moderate or minimal personal automobile parking demand and/or are typically minimally responsive to TDM mitigation efforts.

M. "TDM Use Category" defines which category a specific land use falls under to determine the applicable TDM strategies than can be applied.

N. "TDM Coordinator" is the designee of the City Manager that acts to review, monitor and enforce TDM requirements.

O. "Point Target" means a number of points calculated based on the applicable Level and amount of parking proposed for the Project. The Point Target determines the total points a project shall achieve by implementing selected TDM Strategies.

P. "Transportation Demand Management," or "TDM" means a program that includes incentives, services, policies, and physical improvements aimed at reducing drive-alone trips and Vehicle Miles Traveled (VMT). TDM encourages sustainable travel such as, but not limited to, public transit, bicycling, walking, and carpooling/vanpooling. TDM also includes strategies that reduce the need for trips altogether, such as telecommuting for work trips, and land use strategies that increase access to destinations. The City of San José's TDM Program is the set of regulations, requirements, processes, and implementation strategies set forth in this ordinance and the City of San José Transportation Analysis Handbook.

Q. "Transportation Demand Management Plan Compliance Documentation," or "TDM Plan Compliance Documentation" means documentation provided by the property owner, no sooner than the Project has received a certificate of occupancy, to the TDM Coordinator demonstrating continued compliance with the Project's approved TDM Plan, including maintenance of all TDM Strategies. TDM Plan Compliance Documentation shall be provided on an annual basis unless it is waived by the TDM coordinator pursuant to the provisions of this ordinance and the TDM Program Guidelines.

R. "Transportation Demand Management Monitoring Report," or "TDM Monitoring Report" means annual monitoring data that provides a reasonable sample period of travel characteristics, including but not limited to the percentage of modes of travel to and from the site and parking hour utilization. The TDM Monitoring Report shall be provided on an annual basis unless it is waived by the TDM Coordinator pursuant to the provisions of this ordinance and the TDM Program Guidelines.

S. "Transportation Demand Management Plan," or "TDM Plan" means a Project's documentation, including a site plan and/or other documentation, that describes the TDM Strategies the project will implement in order to comply with the TDM Ordinance for the Project site as approved by the Director of Planning, Planning Commission or City Council.

T. "Transportation Demand Management Program Standards," or "TDM Program Standards" means the City of San José's Standards that contain details of the TDM Program goals and benefits, processes, point targets, TDM Strategies, evaluation and reporting, and technical justifications. These program standards are contained within Chapter 5 of the City of San José's Transportation Analysis Handbook.

U. "Transportation Demand Management Strategy," or "TDM Strategy" means a programmatic and/or physical strategy that aims to reduce drive-alone trips and/or VMT, and/or encourages sustainable mobility in a way that meets the intent of this Ordinance. TDM Strategies are assigned a point value and are listed in the TDM Program Standards.

V. "User-Defined TDM Strategy" means a TDM Strategy that is not currently listed in the TDM Program Guidelines and is proposed by an applicant for inclusion in a Project's TDM Plan. A proposed User-Defined TDM Strategy shall aim to reduce drive-alone trips and/or VMT, and/or encourage sustainable mobility options in a way that meets the intent of this Ordinance. A User-Defined TDM Strategy shall be approved through the process outlined in Section 20.90.925.

W. "Project" for the purposes of Chapter 20.90, means any building, group of buildings, or use which is permitted or the use is authorized through a single development permit or ministerial permit.

X. "High Quality Transit Area" are within one half mile of a high-quality transit corridor or major transit stop. A high-quality transit corridor is defined in the California Public Resources Code, Section 21155(b) as may be amended. A major transit stop is defined in the California Public Resources Code, Section 21064.3 as may be amended.

Y. "Vehicle Miles Travelled (VMT)" as defined by City Council Policy 5-1.

(Ords. 26248, 28836, 30857.)

A. Off-Street Vehicle Spaces. All vehicle parking spaces may be any combination of sizes as set forth in Section 20.90.100, with the exception that no more than 40% of the spaces may be designated as small car spaces.

B. Number of Bicycle Parking Spaces Required.

1. The minimum number of bicycle parking spaces required for uses permitted under this Title is set forth in Table 20-190.

2. Except as otherwise expressly permitted in this Chapter, the minimum number of bicycle parking spaces required under this Title shall be provided on private property on a parcel or development site in an area, other than a public street, public way, or other public property, permanently reserved or set aside for bicycle parking spaces.

3. A minimum of two short-term bicycle parking spaces and one long-term bicycle parking space shall be provided for each site that has a nonresidential use set forth in Table 20-190.

4. If the number of bicycle parking spaces hereinafter required contains a fraction, such number shall be rounded to the nearest higher whole number.

5. When part or all of the bicycle parking spaces required for a land use is based on the number of full-time employees, that portion shall be provided in long-term bicycle parking facilities. When part or all of the bicycle parking spaces required for a land use is based on classrooms, that portion shall be provided in short-term bicycle parking facilities. When the bicycle parking required for a land use is based solely on square footage or other criteria in the table, at least eighty percent of the bicycle parking spaces shall be provided in short-term bicycle parking facilities and at most twenty percent shall be provided in long-term bicycle facilities.

6. For bicycle parking spaces for multiple-dwelling residential use, at least sixty percent (60%) of the bicycle parking spaces shall be provided in long-term bicycle parking facilities, and at most forty percent (40%) shall be provided in short-term bicycle facilities.

Table 20-190 Bicycle Parking Spaces Required by Land Use and TDM Land Use Categorization

Table 20-211 Multiple Dwellings in the Pedestrian Oriented Zoning Districts

(Ords. 26248, 26455, 26495, 27075, 27607, 27797, 27955, 28321, 28449, 28460, 28579, 28836, 28858, 29011, 29217, 30227, 30290, 30372, 30396, 30857, 31095.)

A. For uses that have company vehicles, parking spaces shall be provided for all company vehicles. In the case of vehicle rental facilities, parking spaces shall be provided for a minimum of 25% of vehicle inventory. These parking spaces may be provided off-site but shall not occur in a public or private right of way.

B. For uses that include a vehicle work station such as auto repair and/or detailing, a vehicle storage area shall be provided to allow a minimum of four vehicles per vehicle work station. This area can be in either a conventional or tandem configuration.

C. Existing residential uses that were permitted or deemed legal prior to November 10, 1965 shall maintain, at minimum, their parking per their original approved development permit or original legalized configuration (with the exception of single family residences).

(Ord. 30857.)

A. Every use, including a change or an expansion of a use, shall provide on-site those showers and changing rooms required as set forth in Table 20-216.

B. All showers and changing rooms shall be accessible to all employees.

Table 20-216 Showers Required

(Ord. 28836.)