Chapter 20.20 - OPEN SPACE & AGRICULTURAL ZONING DISTRICTS

San José Municipal Code — Chapter 20.20 - OPEN SPACE & AGRICULTURAL ZONING DISTRICTS

in effect

San José Municipal Code § 20.20.010 Open space and agricultural zoning districts.

A. This chapter sets forth the land use and development regulations applicable to the open space and agricultural zoning districts established by Section 20.10.060 . B. No building, structure, or land shall be used, and no building or structure shall be erected, enlarged, or structurally altered, in the OS Open Space and A Agricultural Districts except as set forth in this chapter. C. The purposes of the open space and agriculture zoning districts are as follows: 1. OS Open Space District. The purpose of the OS Open Space District is to provide for the public peace, health, safety, and welfare by conserving open space to ensure the continued availability of land for the preservation of natural resources, for the managed production of resources, for outdoor recreation, and for the enjoyment of scenic resources, and by protecting the people and property in the City of San José against physical environmental hazards. The regulations contained in the OS District are designed to enhance the scenic a visual qualities of the land as well as to implement the open space and hillside policies of the general plan. 2. A Agricultural District. The purpose of the A Agricultural District is to provide for areas where agricultural uses are desirable. The regulations contained in this district are intended to provide for a wide range of agricultural uses as well as implementing the goals and policies of the general plan. (Ords. 26248, 29012.)

San José Municipal Code § 20.20.100 Allowed uses and permit requirements.

A. "Permitted" land uses are indicated by a "P" on Table 20-30. B. "Conditional" uses are indicated by a "C" on Table 20-30. 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 . C. "Special" uses are indicated by a "S" on Table 20-30. 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 . D. Land uses not permitted are indicated by a "-" on Table 20-30. Land uses not listed on Table 20-30 are not permitted. E. When the right column of Table 20-30 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 and any other title of the San José Municipal Code. Table 20-30 Agricultural and Open Space Zoning District Use Regulations Use Zoning District Applicable Section & Notes OS A Agriculture and Resource Uses Animal breeding (except fish, frogs, rabbits, poultry, and hogs) P P Note 1 Animal breeding (fish, frogs, rabbits, poultry, and hogs) C P Note 1 Any use or improvement for the conservation of water, reclamation, and erosion control P P Note 1 Botanical conservatories, nature garden, nature study areas, and similar uses not within greenhouses or structures P - Note 1 Certified farmers' market S S Note 1 Certified Farmers' Market - Small P P Note 1; Part 3.5, Chapter 20.80 Dairies P P Note 1 Extraction of chemicals from water by natural evaporation C - Note 1 Extraction of minerals from the ground, including quarrying C - Note 1 Filling or removal of earth, including grading C - Note 1 Grazing P P Note 1 Livestock ranch, excluding hogs P P Livestock ranch, hogs C C Natural resource preservation/reservation P - Note 1 Pasture P P Note 1 Planting, cultivating, growing, harvesting, and drying of crops C P Note 1 Tree farms and forestlands C S Note 1 Wholesale sale of any animals, articles, wares, goods, merchandise, or commodities produced on-site in the conduct of any permitted or conditional use C C Note 1 Wildlife refuge P - Note 1 Education and Training Child day care center located on an existing school site or as an incident to an on-site church/religious assembly use involving no building additions or changes to the site P P Note 1 Educational, charitable, and philanthropic activities that provide environmental and nature related services/education and are dedicated to the protection and preservation of the environment and/or rural and landscape preservation S S Note 1 Entertainment and Recreation Equestrian and riding club C C Note 1 Golf course C - Note 1 and Note 2 Marinas and other uses and facilities incidental to water recreation C - Note 1 Shooting range C - Note 1 Trails and paths, including equestrian, pedestrian, and bicycle P P Note 1 Residential Uses Home occupations P P Part 9, Chapter 20.80 One-family dwelling C C Note 1 and Note 3; Section 20.30.110 Temporary farm labor camp necessary to the gathering of crops grown on the site - C Transportation and Utilities Community television antenna systems - C Utility Facilities, excluding corporation yards, storage or repair yards and warehouses C C Note 1 Wireless communication antenna C C Note 1 and Note 2; Sections 20.100.1300 , 20.80.1915 Wireless communication antenna, slimline monopole C S Note 1 and Note 4; Sections 20.80.1900 , 20.80.1915 Wireless communication antenna, building mounted P P Note 1 and Note 4; Sections 20.80.1910 , 20.80.1915 Utilities, Electric Power Generation Solar photovoltaic power system P P Section 20.100.610 (C)(7) Stand-by/backup facilities that do not exceed noise or air standards S S Stand-by/backup facilities that do exceed noise or air standards C C Notes: 1. The erection, enlargement, structural alteration, or use of any permanent building or structure for any permitted or conditional use in the OS open space district requires the issuance of a conditional use permit, with the exception of certain modifications of existing wireless facilities pursuant to Section 20.80.1915 . 2. Clubhouses, pro shops, snack shops, restaurants, bars, and driving ranges may be operated in conjunction with, but not independent of, the golf course. "Miniature golf courses" are not allowed. 3. A one-family dwelling may be used for a residential care facility or residential service facility for six or fewer residents. No services may be provided to non-residents. 4. Certain modifications of existing wireless facilities may be permitted with an administrative permit in accordance with Section 20.80.1915 of Chapter 20.80 . (Ords. 26248, 26456, 27468, 28320, 29218, 29546, 30290.)

San José Municipal Code § 20.20.200 Development standards.

All development in the OS Open Space and A agricultural districts shall conform to the development regulations set forth below in Table 20-40. Table 20-40 OS Open Space and A Agricultural District Development Standards Regulations Zoning District OS A Minimum Lot Area (Note 2) 20 acres 20 acres Setbacks (feet) From abutting streets and highways 50 50 From abutting property zoned or used for residential purposes 300 300 From abutting property zoned or used for other than residential purposes 50 50 Maximum Height (Note 1) 35 or established in Chapter 20.85 35 or established in Chapter 20.85 Maximum Floor Area Ratio None .80 Parking See Chapter 20.90 See Chapter 20.90 Notes: 1. An alternative maximum height may be established as described in Chapter 20.85 . Where an alternative maximum height restriction has been established as described in Chapter 20.85 , that regulation described in Chapter 20.85 shall govern and control over the provisions of this section. 2. In the A Agriculture Zoning District, lots located wholly within the Coyote Valley Agriculture Overlay, as indicated on the general plan land use diagram, shall have a minimum lot area of 40 acres. (Ords. 26248, 29176, 30690.)

San José Municipal Code § 20.20.210 Minimum lot area - Exceptions.

The minimum area of a lot or parcel whose area, as shown on a final subdivision map approved by the city prior to February 19, 2001, is less than twenty acres shall be the area shown for such lot or parcel on such subdivision map. (Ord. 26248.)

San José Municipal Code § 20.20.220 Maximum height - Exceptions.

In the A agricultural district the maximum height of a chimney, weather vane or other similar architectural embellishment mounted on a building and having a horizontal cross section of no more than twenty square feet may be increased to forty feet provided that it does not exceed the height of the building on which it is mounted by more than five feet. (Ord. 26248.)

San José Municipal Code § 20.20.230 Setback - Exception.

A. The director may grant a reduction in the minimum required setback from an abutting property zoned or used for residential purposes for additions to existing structures or new structures on a lot located in either the A-Agriculture or OS-Open Space Zoning District if the director finds that granting the reduction in the minimum required setback would not impair the utility or value of adjacent property or the general welfare of the neighborhood and, in addition, finds that the proposal meets all of the following criteria: 1. The subject site or lot: a. Is located adjacent to a residentially zoned property or is located next to a residential use; and b. Has substantial existing development on the subject site; and 2. The sizes of any and all additions or structures to be added to the subject site or lot shall not exceed fifty percent of the square footage of the existing structures on the subject site or lot and for which development permits were obtained prior to February 19, 2001; and 3. The aggregate total square footage of all additions or new structures to be added to the subject site or lot shall not exceed fifty percent of the square footage of the existing structures on the subject site or lot as of February 19, 2001; and 4. Any addition or structure to be added to the subject site or lot shall not significantly diminish the existing, legal nonconforming setback, and, in any event, no addition or structure to be added to the subject site or lot shall reduce a setback to less than fifty feet; and 5. Any new addition or structure shall not exceed the height of existing structures located on the subject site or lot, or the maximum height allowance established pursuant to this title for the zoning district, whichever height is less. (Ord. 26712.)

San José Municipal Code § 20.20.300 Performance standards.

A. In the OS open space and A agricultural districts, no primary, secondary, incidental or conditional use or activity related thereto shall be conducted or permitted: 1. In a manner that causes or results in the harmful discharge of any waste materials into or upon the ground, into or within any sanitary or storm sewer system, into or within any water system or water, or into the atmosphere; or 2. In a manner that constitutes a menace to persons or property or in a manner that is dangerous, obnoxious, or offensive by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust vibration, radiation, or fumes; or 3. In a manner that creates a public or private nuisance. B. Without limiting the generality of the preceding subsection, the following specific standards shall apply in the open space and agricultural zoning districts: 1. Air pollution. Total emissions from any use or combination of uses on a site shall not exceed the emissions and health risk thresholds as established by the director of planning. 2. Noise. The sound pressure level generated by any use or combination of uses on a property shall not exceed the decibel levels indicated in Table 20-45 at any property line, except upon issuance and in compliance with a special use permit as provided in Chapter 20.100 . Table 20-45 Additional Noise Standards Maximum Noise Level in Decibels at Property Line Open space or agricultural use adjacent to a property used or zoned for residential purposes 55 Open space or agricultural use adjacent to a property used or zoned for commercial purposes 60 Open space or agricultural use adjacent to a property used or zoned for industrial or use other than commercial or residential purposes 70 3. Vibration. There shall be no activity on any site that causes ground vibration that is perceptible without instruments at the property line of the site. (Ords. 26456, 29364.)

Source: San José Municipal Code (Municode library)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinancesFetched: 7/25/2026