20.40.100

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 Use Zoning District Notes & Section CO CP CN CG PQP General Retail Alcohol, off-sale - beer and/or wine only - C C C - Note 21; Section 20.80.900 Alcohol, off-sale - full range of alcoholic beverages - C C C - Note 21; Section 20.80.900 Alcohol, off-sale - as incidental to a winery, brewery, or distillery - S S S - Note 4 Food, beverages, and groceries - P P P S Nursery, plant P P P P P Note 1 Outdoor vending - A A A A Part 10, Chapter 20.80 Outdoor vending, fresh fruits, and vegetables P P P P P Part 10, Chapter 20.80 Pawn shop/broker - C C C - See Title 6 Retail art studio - P P P - Note 21; Section 20.80.1175 Retail bakery - P P P - Note 21 Retail sales, goods, and merchandise - P P P - Note 21 Seasonal sales P P P P - Part 14, Chapter 20.80 Agriculture Aquaculture, aquaponics, and hydroponics S S S S S Certified farmers' market S S S S S Part 3.5, Chapter 20.80 Certified farmers' market, small P P P P P Part 3.5, Chapter 20.80 Neighborhood agriculture P P P P P Note 19; Title 7 Drive-Through Uses Drive-through uses in conjunction with any use - - C C C Education and Training Child day care center located on an existing School Site or as an incident to a permitted on-site church/religious assembly use involving no building additions or changes to the site P P P P P Note 21 Child Day Care Center S S S S S Child Day Care Center co-located with Multifamily housing development - P P P - Note 31 Instructional art studios - P P P S Private instruction, personal enrichment - P P P S School, elementary and secondary (public or private) C C C C S Note 16, Note 20, and Note 21 School, driving (class C & M license) - P P P S Note 2, Note 20, and Note 21 School, post-secondary - P P P S Note 3, Note 20, and Note 21 School, trade and vocational - C C C S Note 16, Note 20, and Note 21 Entertainment and Recreation Arcade, amusement game - P P P - Note 21 Health club, gymnasium - P P P S Performing arts rehearsal space - P P P - Poolroom/billiards establishment - P P P - Note 21 Private club or lodge C C C C - Recreation, commercial indoor - P P P S Note 21 Recreation, commercial outdoor - C C C C Note 21 Relocated cardroom - - - C - Section 20.80.1155 Stadium, 2,000 seats or fewer - C C C C Note 17 Stadium, more than 2,000 seats - CC CC CC CC Note 17 and Note 18 Theater, indoor - S S S S Note 21 Theater, outdoor - - - S S Note 21 Food Services Banquet facility - S S S S Caterer - P P P S Commercial kitchen - S P P - Drinking establishments - C C C - Note 21 Drinking establishments interior to a full-service hotel or motel that includes 75 or more guest rooms - P P P - Section 20.80.475 ; Note 21 Public eating establishments - P P P - Note 21 Public eating establishment or retail establishment with incidental outdoor dining - P P P - Note 21; Section 20.40.520 Public eating establishment in conjunction with a winery, brewery, or distillery - P P P - Taproom or tasting room with off-sale of alcohol - A A A - Part 5.75, Chapter 20.80 General Services Bail bond establishment - outside main jail area - P/S P P - Note 5; Part 1.5, Chapter 20.80 Bail bond establishment - within main jail area - P/S P P - Note 5 and Note 14; Part 1.5, Chapter 20.80 Bed and breakfast Inn - P P P - Note 21; Part 2, Chapter 20.80 Dry cleaner - P P P - Note 21 Hotel or motel - P P P - Note 21 Single room occupancy (SRO) hotel - C C C - Part 15, Chapter 20.80 Laundromat - P P P - Note 21 Maintenance and repair, small household appliances - P P P - Note 21 Messenger services P P P P - Note 2 and Note 21 Mortuary and funeral Services P P P P - Note 21 Personal services - P P P - Note 21; Section 20.200.880 Photo processing and developing - P P P - Note 21 Printing and publishing - P P P - Note 21 Social service agency - S S S S Health and Veterinary Animal boarding, indoor P/- P P P P/S Note 8, Section 20.40.120 Animal grooming P/- P P P P/S Note 8 Section 20.40.120 Emergency ambulance service C C C C C Hospital/in-patient facility C C C C C Note 21 Medical cannabis dispensary - R R R - Part 9.75, Chapter 20.80 Cannabis retail storefront - R R R - Part 9.75, Chapter 20.80 Medical cannabis collective dispensary site only - R R R - Part 9.75, Chapter 20.80 Office, medical P P P P S Note 21 Veterinary clinic - P P P C Note 16 Historic Reuse Historic landmark structure reuse S S S S S Part 8.5, Chapter 20.80 Offices and Financial Services Automatic teller machine P P P P S Section 20.80.200 Business support - P P P - Note 21 Financial services P P P P - Note 21 Office, general business P P P P S Note 21; Section 20.40.110 Payday lending establishment - R/- R R - Note 24 Part 12.5 , Chapter 20.80 Section 20.200.875 Retail bank P P P P - Note 21 Public, Quasi-Public and Assembly Uses Cemetery C C C C C Church/religious assembly S S S S S Note 16, Note 20, and Note 21 Construction/corporation yard associated with public, quasi-public or assembly use or transportation or utility use - - - - C Museums, libraries, parks, playgrounds, or community centers (publicly operated) P P P P P Note 21 Museums, libraries, parks, playgrounds, or community centers (privately operated) C C C C S Note 20 and Note 21 Recycling Uses Reverse vending machine A A A A A Part 13, Chapter 20.80 Small collection facility A A A A A Part 13, Chapter 20.80 Residential Emergency residential shelter within Airport Influence Area - S S S S Section 20.80.500 Emergency residential shelter outside of Airport Influence Area (more than 150 beds) - S S S S Section 20.80.500 Emergency residential shelter outside of Airport Influence Area (150 beds or fewer) - P P P P Section 20.80.500 , Chapter 20.195 Hotel supportive housing C C C C C Note 22; Part 22, Chapter 20.80 Live/work uses - S S S - Note 6; Section 20.80.740 Low barrier navigation center - P P P P Chapter 20.195 Mixed use residential/commercial outside Neighborhood Business District Overlay - C/S C CGP - Note 6, 25 and 26 Mixed use residential/commercial within Neighborhood Business District Overlay - P P P - Note 28, 29 and 30 Permanent supportive housing - - - - P Note 27; Chapter 20.195 Residential care facility for seven or more persons C C C C C Residential service facility P P P P P Single room occupancy, living unit - C C C - Note 6; Part 15, Chapter 20.80 Transportation and Utilities Data center - - - C - Note 21 Commercial vehicle storage S - - S S Common carrier depot S - S S S Note 21 Community television antenna systems C C C C C Parking establishment, off-street C - C C - Short term parking lot for uses or events other than on-site - - - C C Note 7 Television, radio studios without antenna/dishes - - - C C Utility facilities, excluding corporation yards, storage or repair yards and warehouses C C C C C Utility facilities including corporation yards, storage or repair yards and warehouses - - - - C Wireless communication antenna C C C C C Note 23; Sections 20.100.1300 , 20.80.1915 Wireless communication antenna, slimline monopole S S S S S Note 23; Sections 20.80.1900 , 20.80.1915 Wireless communication antenna, building mounted P P P P P Note 23; Sections 20.80.1910 , 20.80.1915 Utilities, Electrical Power Generation Co-generation facility S S S S S Fuel cells P P P P P Private electrical power generation facility C C C C C Note 2 Solar photovoltaic system P P P P P Section 20.100.610 C.7. Stand-by/backup facilities that do not exceed noise or air standards A A A P A Stand-by/backup facilities that do exceed noise or air standards C C C C C Temporary stand-by/backup P P P P P Vehicle Related Uses Accessory installation, passenger vehicles and pick-up trucks - - C P - Auto dealer, wholesale - no on-site storage P P P P - Car wash, detailing - - C C - Fuel service station or charge station, no incidental service or repair - C C P C Note 15 Fuel service station or charge station with incidental service and repair - - C P C Note 9 and Note 13, Glass sales, installation, and tinting - - C P - Note 13 Leasing (rental) passenger vehicles, pick-up trucks not exceeding twenty-five feet in length, and motorcycles - - C P - Note 2 Sale, brokerage, or lease, commercial vehicles - - C C - Note 13 Sale or brokerage, passenger vehicles, pick-up trucks not exceeding 25 feet in length, and motorcycles - - S P - Note 12 and Note 13 Sale, vehicle parts - - P P - Note 11 Tires, batteries, lube, oil change, smog check station, air conditioning servicing of passenger vehicles and pick-up trucks - - C P - Note 10 and Note 13 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 .)