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CHAPTER 20.75 - PEDESTRIAN ORIENTED ZONING DISTRICTS

San José Municipal Code — CHAPTER 20.75 - PEDESTRIAN ORIENTED ZONING DISTRICTS
in effect

San José Municipal Code § 20.75.010 Pedestrian oriented zoning districts.

A. This chapter sets forth the land use and development regulations applicable to the pedestrian oriented 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 a pedestrian oriented district except as set forth in this chapter. C. The pedestrian oriented zoning districts are intended to foster urban development that encourages pedestrian movements and supports transit, cycling and other alternatives to vehicular travel through: 1) design standards that place building mass at the street front and emphasize pedestrian connections while minimizing vehicular/pedestrian conflicts; and 2) land use regulations that provide a critical intensity and mix of uses. (Ord. 28858.)

San José Municipal Code § 20.75.020 MS main street districts.

A. Applicability. The MS main street districts as established by Section 20.10.060 shall be applicable only to properties located within the Alum Rock Neighborhood Business District, as that district is described and identified in the general plan (as the same may be updated and/or amended from time to time). B. Purpose. The MS main street districts are intended to provide a pedestrian-oriented commercial shopping district with ground-floor retail along the main street in a configuration that supports transit and other alternative travel modes including bicycles, car share and vanpools. The MS districts require transparent storefronts at the ground level to accommodate active commercial uses and orient buildings to a wide pedestrian zone that connects businesses along the street, allows for outdoor cafés, accommodates bicycle parking facilitates, provides access to transit and connects with pedestrian and bicycle facilities in the surrounding neighborhood. 1. MS-G main street ground floor commercial district. The MS-G main street ground floor district is intended to provide a mix of commercial and residential uses integrated in a pedestrian-oriented design with a focus on active commercial uses at the ground level along the main street frontage. 2. MS-C main street commercial district. The MS-C main street commercial district is intended to provide a concentration of primarily commercial uses within a pedestrian-oriented design, and allows a mix of commercial and residential uses only where such uses can be integrated on a large site in a pedestrian-oriented design that maximizes commercial opportunities. C. Street designations. 1. Street designations. The following street designations shall apply to streets within the main street districts: a. Main street. The main street designation shall apply to the commercial street or streets which provide primary public access to the business district. Lots with frontage on and direct access to a main street shall be considered to have a main street frontage. b. Major cross street. The major cross street designation shall apply to an arterial street that intersects the main street or to any other street that is primarily nonresidential in character and where commercial uses would generally be expected to front onto the street. Lots with frontage on and direct access to a major cross street shall be considered to have a major cross street frontage. c. Minor cross street. The minor cross street designation shall apply to a neighborhood or neighborhood collector street that intersects the main street or to any other neighborhood street where commercial uses are appropriate. Lots with frontage on and direct access to a minor cross street shall be considered to have a minor cross street frontage. d. Residential street. The residential street designation shall apply to a street that is primarily residential in character that does not intersect the main street. Lots with frontage on and direct access to a residential street shall be considered to have a residential street frontage. 2. Street hierarchy. The street designations in this section are related to each other in a hierarchical manner as indicated below: a. First priority - Main street. b. Second priority - Major cross street. c. Third priority - Minor cross street. d. Forth priority - Residential street. For a parcel with two or more street frontages, the higher priority street shall be considered the primary street and those regulations shall govern as identified in this chapter. (Ords. 28858, 29011.)

San José Municipal Code § 20.75.105 Lot size.

A. The minimum lot size shall be six thousand square feet. B. Notwithstanding the provisions of Subsection 20.75.105A., in the pedestrian oriented districts, the minimum area of a lot, whose area as shown on a final subdivision map approved by the city, is less than the minimum required but not less than five thousand square feet, shall be the area shown for such lot or parcel on such subdivision map. C. The minimum unit size for a nonresidential condominium space shall conform to the requirements of Subsection 20.175.042B. (Ords. 28858, 29011.)

San José Municipal Code § 20.75.110 Building placement.

A. Building placement and building setbacks shall conform to the regulations set forth in Table 20-151. Table 20-151 MS-G and MS-C Main Street Districts Required Build-to-Lines and Setbacks Regulations Main Street or Major Cross Street Frontage Minor Cross Street Frontage Residential Street Frontage Notes and Sections Front build-to-line 5 ft. from front lot line 2 ft. from front lot line 15 ft, from front lot line Section 20.75.110B. and C. Front setback 10 ft. maximum 10 ft. maximum Percent of building façade that is required to be located on the build- to-line or set back no more than one foot from the build-to-line 1 70% minimum 30% minimum Side interior setback 2 None None Minimum setback from any lot line adjacent to a property located in a residential zoning district 3 15 ft. 15 ft. 15 ft. Section 20.75.120A. Setback from any other lot line None None None Note 1 Notes: 1. Building Code setbacks may apply. B. Building placement requirements and exceptions. Building placement shall conform to the following: 1. The front build-to-line shall apply to that portion of a building located below the elevation of the fifth finished floor. 2. No portion of the building shall be located within the minimum setback area between the build-to-line and the street, except as expressly allowed in Section 20.75.130A. 3. For purposes of calculating the percentage of building façade located at the build-to-line, a window that is inset from the surrounding building façade shall be assumed to be at the same plane as the surrounding building façade. C. Buildings with a residential street frontage shall conform to the following: 1. That portion of a building façade located below the elevation of the second finished floor, except recessed building entries, windows and balconies, shall be located on the build-to-line. 2. No portion of the building shall be located within the minimum setback area between the build-to-line and the street, except as expressly allowed in Section 20.75.130B. (Ords. 28858, 29011.)

San José Municipal Code § 20.75.115 Building placement exceptions.

A. Notwithstanding the provisions of Table 20-151, in Section 20.75.110 the decision maker may approve a building fronting onto a main street, major cross street or minor cross street frontage with a front setback that is greater than the maximum front setback set forth in Table 20-151, based on a finding that a greater setback is needed in order to provide one or more recessed pedestrian entries or a pedestrian plaza, or to accommodate pedestrian ramps in a flood zone. B. Notwithstanding the provisions of Table 20-151 in Section 20.75.110 , the decision maker may approve a building on a main street or cross street frontage with less than seventy percent of the building façade located at the building-to-line based on a finding that such a reduction is needed to accommodate recessed pedestrian entries at the ground level or residential balconies at the elevation of the second finished floor or above. C. Notwithstanding the provisions of Table 20-151 in Section 20.75.110 , no setback is required from that portion of a property situated in a residential zoning district that is located less than one hundred feet from the main street. D. Notwithstanding the provisions of Table 20-151 in Section 20.75.110 , an interior side setback of less than five feet, but greater than zero, shall be allowed to accommodate Title 24 requirements regarding building expansion. (Ord. 29011.)

San José Municipal Code § 20.75.120 Setback regulations.

A. Front build-to-line setback requirements. 1. Applicability. All development on lots with frontage on a main street, major cross street or minor cross street shall conform to the build-to-line and pedestrian zone setback requirements of this subsection. 2. Purpose. The pedestrian zone consists of a minimum ten-foot sidewalk and a private property building setback. The regulations of this section for the front building setback are intended to promote an active, safe and attractive pedestrian zone. 3. Pavement. The area between the sidewalk and the build-to-line shall be paved to match the sidewalk. 4. Encroachments. The front setback area between the sidewalk and the build-to-line shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground and below the surface of the ground by all buildings, structures, fences, ramps, or equipment, except as follows: a. Signs, lighting, sills, eaves, belt courses, cornices, canopies, awnings, and other similar architectural features located a minimum of eight feet above grade; and b. Walks and driveways for vehicular or pedestrian access to the lot that are at the same elevation as the adjacent public sidewalk; and c. Overhead wires necessary for utility service to a building on the lot; and d. Underground lines necessary for utility service to the site; and e. Utility structures located entirely below grade; and f. Planters or planting beds, extending not more than eighteen inches into the setback area and no more than eighteen inches in height above grade; and g. Movable tables, chairs, umbrellas, outdoor heaters, and retail displays; and h. Moveable partitions or planters to define an outdoor seating area subject to approval of a development permit or permit adjustment; and i. Bicycle racks; and j. Balconies located at or above the elevation of the third finished floor that project no more than three feet into the airspace above the pedestrian zone setback; and k. Residential stoops on a minor cross street frontage that extend into the pedestrian zone setback a distance of no more than two feet. B. Requirements for all other setbacks. Except as otherwise expressly and specifically provided in Section 20.75.120A., every part of every setback area shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground, and below the surface of the ground by all buildings or structures except as follows: 1. Lighting, sills, eaves, belt courses, cornices, canopies, awnings may project horizontally for a distance of not more than two feet into the air space above the surface of the ground in any setback area, and three feet into the air space above the surface of the ground in the front setback area of a residential street frontage; and 2. On a residential street frontage, balconies may project horizontally for a distance of not more than three feet into the air space above the surface of the ground in the front setback area; and 3. Unenclosed porches, whether or not they are covered, may extend into the minimum front setback area of a residential street frontage not more than eight feet, provided that such porches cover no more than fifty percent of the setback area. Stairs that are uncovered and unenclosed may extend not more than twelve feet into the minimum setback area; 4. Overhead wires necessary for utility service to a building on the lot; and 5. Underground lines necessary for the sewerage, drainage, plumbing, water, gas, and electrical and other utility needs of the lot or of a building on the lot; and 6. Walks and driveways for vehicular or pedestrian access to the lot provided that no part of any such walk or driveway situate in any setback area which abuts upon a public street shall be more than two feet above or more than one foot below the surface grade of the public street on which such setback area abuts. As used in the preceding sentence "surface grade" shall mean the average grade at top of curb, or if there is no curb then at the centerline, of that linear portion of the public street which abuts such setback area; and 7. Mechanical equipment, including but not limited to pool equipment and HVAC equipment, may not be placed in a front setback area. (Ords. 28858, 29011.)

San José Municipal Code § 20.75.130 Building frontage requirements.

A. Active commercial building frontage and residential building frontage shall be provided in conformance with the regulations set forth in Table 20-152. "Active commercial building frontage" means building space adjacent to a street at the ground level of a building that is designed for retail or other customer-oriented commercial use. Such space shall not include vehicle parking, service areas, utility facilities, residential uses, or residential support uses such as lobbies, resident laundry rooms and resident work-out facilities. "Residential building frontage" means building space designed for residential dwelling units located on a residential street frontage in a pedestrian oriented zoning district. Table 20-152 MS-G and MS-C Main Street Districts Building Frontage Requirements Lot Type Minimum Required Active Commercial Building Frontage Main street frontage Corner lots 65% of the first 100 linear feet of site frontage plus 75% of any additional site frontage beyond the first 100 linear feet Interior lots - frontage of 100 linear feet or more 60% of the first 100 linear feet of site frontage and 75% of site frontage beyond the first 100 linear feet Interior lots - frontage of less than 100 linear feet 50% of the first 50 linear feet of site frontage plus 70% of any additional site frontage between 50 and 100 linear feet Major cross street frontage Corner lots with main street frontage 25 linear feet of site frontage within 50 feet of the main street All other lots 50% of the linear dimension of the site frontage Minor cross street frontage Corner lots with main street frontage 20 linear feet of site frontage within 50 feet of the main street All other lots 50% of the linear dimension of the site frontage Residential street frontage All lots Any portion of a building located within 50 feet of the public right-of-way of a residential street shall be designed for residential uses B. Active commercial building frontage exceptions. 1. Notwithstanding the provisions of Table 20-152 in Section 20.75.140 , the decision maker may reduce the required active commercial building frontage for lots with less than one hundred linear feet of frontage with a development permit based on a finding that: a. Reduced active commercial building frontage is needed to allow for vehicular access to the site; and b. Access cannot feasibly be provided through lot assembly or shared access though an adjacent site. 2. If the director cannot make the findings required in Section 20.75.140B., up to two thousand square feet of building area shall be allowed with no on-site vehicle access or parking, provided the building area conforms to all other provisions of this title. 3. The active commercial building frontage requirements shall not apply to an off-street parking establishment for which the planning commission or the city council on appeal approves a conditional use permit which finds that the off-street parking establishment is needed to serve commercial uses in the area on an interim basis until such time as the site is developed consistent with the active commercial building frontage requirements of this chapter. (Ords. 28858, 29011.)

San José Municipal Code § 20.75.140 Commercial building design.

A. All active commercial building frontage required pursuant to Section 20.75.140 in the MS-G and MS-C main street districts shall conform to the design requirements set forth in Table 20-153. Table 20-153 MS-G and MS-C Main Street Districts Requirements for Active Commercial Building Frontage Requirements Less than 8,000 sq. ft. of contiguous commercial space 8,000 or more sq. ft. of contiguous commercial space Notes and Sections Minimum height of first story 1 15 ft. 18 ft. Note 1 Minimum first floor commercial space depth 2 45 ft. 60 ft. Note 2 Minimum glazing area Building façades facing a street shall consist of storefronts with clear, untinted glass or other glazing material on at least 70% of the surface area of the façade between a height of 18 inches and 96 inches. Building entries All ground-level commercial space fronting on a street shall have a primary building entry situated along and accessible from the pedestrian zone. "Pedestrian zone" means the pedestrian zone setback and the adjacent public sidewalk. Buildings located on corner lots shall have a primary building entrance along and accessible from the primary street. Notes: 1. "First story height" is the distance between the upper surface of the ground floor and the upper surface of the floor next above. 2. For a lot with two or more street frontages, this provision shall apply only to the primary street frontage as defined in Section 20.75.020C.2. "Depth of a first floor commercial space" is the length of a line extending perpendicular to the street between the building wall located at the street frontage and the opposing building wall at the rear of the commercial space. The measurement shall be from the interior wall surfaces at grade and shall reflect the minimum distance between the opposing walls along 75% or more of their horizontal dimension. B. Residential building frontage design. Residential building frontage required pursuant to Section 20.75.110C. shall conform to the design requirements set forth in Table 20-154. Table 20-154 MS-G and MS-C Main Street Districts Residential Building Frontage Design Requirements Requirements MS-G Elevation of first finished floor Maximum: 48 inches above grade Structured parking on a residential building frontage Ventilation openings for partially below-grade parking shall not face a residential street. Building entries A minimum of one pedestrian building entry shall be provided to the street front for each 50 feet of residential street frontage. (Ords. 28858, 29011.)

San José Municipal Code § 20.75.160 Building height and story regulations.

A. Maximum height and stories. All buildings and structures in the MS-G and MS-C main street districts shall be limited to the number of stories and maximum height as set forth in Table 20-155. Table 20-155 MS-G and MS-C Main Street Districts Maximum Stories and Height Category Requirement Notes and Sections Maximum allowed stories 5 stories above grade Maximum allowed height 1 75 feet above grade Section 20.75.160B Maximum allowed height within 50 feet of property located in a residential zoning district allowing 8 units or less per acre 2 35 feet maximum height within 20 feet of the residentially zoned property, increasing by one foot for every one additional foot of setback Section 20.75.160.B Maximum allowed height within 50 feet of property located in a residential zoning district allowing 9 to 30 units per acre 2 45 feet maximum height within 20 feet of the residentially zoned property, increasing by one foot for every one additional foot of setback Subsection 20.75.160.B Maximum allowed height within 40 feet of a residential street 35 feet above grade 20-156 B. Building height exceptions. 1. Notwithstanding the provisions of Table 20-155 in Section 20.75.160 , the maximum height limits for a building or structure located within fifty feet of a residential zoning district shall not apply to any portion of a building or structure located within one hundred feet of the main street. 2. Notwithstanding the provisions of Table 20-155 in Section 20.75.160 , the decision maker may increase the allowed height for that portion of a building or structure located within fifty feet of a residential zoning district with a development permit based on the following findings: a. The property located in a residential zoning district is not developed with a residential use; and b. The orientation, location and elevation of the proposed building(s) is compatible with adjacent development; and c. The development does not exceed a height of seventy-five feet above grade. 3. Notwithstanding the provisions of Table 20-155 in Section 20.75.160 , elevator shafts, roof equipment and other non-habitable building elements that do not exceed an area equal to ten percent of the area of the fifth floor of the building, may extend to a height of eighty feet. The area of any roof screen that exceeds a height of seventy-five feet above grade shall include the area encompassed by that roof screen. (Ords. 28858, 29011.)

San José Municipal Code § 20.75.180 Residential recreation space requirements.

All residential development in the MS-G and MS-C main street districts shall provide useable common recreation space in conformance with all of the requirements of this section. A. Useable common recreation space shall be provided equal to one hundred or more square feet per residential unit and shall: 1. Be accessible to all residents of the building or site; and 2. Provide a minimum horizontal dimension of fifteen feet and a minimum contiguous area of three hundred square feet; and 3. Be designed primarily for recreational use; and 4. Not include pedestrian circulation unless such circulation is integral to the recreational use of a larger outdoor recreation area, or the pedestrian facility is a jogging trail, exercise course or other facility that is primarily recreational in purpose. B. Useable common recreation space may include recreation space that is interior to a building if that interior recreation space conforms to the following additional requirements: 1. The entire area of the indoor space is designed exclusively for recreational use (including but not limited to swimming pools, work-out facilities, tennis courts or multi-use recreation rooms) and is available to all residents of the building or site; and 2. The area of the indoor recreation space does not exceed fifty percent of the total useable common recreation space required for the building or site. C. Private open space shall be provided equal to sixty or more square feet per residential unit for a minimum of fifty percent of the total residential units on the site. Private open space shall be directly accessible from the residential unit it serves and shall have a minimum horizontal dimension of six feet. D. Notwithstanding the provision of Section 20.75.180A., a residential development with twenty residential units or fewer shall not be required to provide useable common recreation space, if private open space is provided for every residential unit in the amount and with the configuration specified in Section 20.75.180C. E. Notwithstanding the provisions of Section 20.75.180C., the decision maker may reduce the percentage of residential units required to have private open space to less than fifty percent of the total units through a development permit based on a finding that the private open space that would otherwise be required has been replaced on that site on a one-for-one basis by additional useable common recreation space that is above and beyond the amount required in Section 20.75.180A. (Ords. 28858, 29011.)

San José Municipal Code § 20.75.200 Allowed uses and permit requirements.

A. "Permitted" land uses are indicated by a "P" on Table 20-156. B. "Conditional" uses are indicated by a "C" on Table 20-156. 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 20-156. 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. "Administrative" uses are indicated by an "A" on Table 20-156. 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 . E. Land uses not permitted are indicated by a "-" on Table 20-156. Land uses not listed on Table 20-156 are not permitted. F. When the right column of Table 20-156 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. G. "Restricted" land uses are indicated by an "R" on Table 20-156. 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 . Table 20-156 Pedestrian Oriented Districts Land Use Regulations Use Main Street Zoning Districts Applicable Sections & Notes MS-G MS-C Ground Floor Commercial Frontage Residential Street Frontage All Other General Retail Retail sales, goods and merchandise P - P P Off-sale Alcoholic Beverages - beer and/or wine only C - C C Section 20.80.900 Off-sale Alcoholic Beverages - full range of Alcoholic Beverages C - C C Section 20.80.900 Bakery, retail P - P P Certified Farmers' Market S - S S Part 3.5, Chapter 20.80 Certified Farmers' Market - small P - P P Part 3.5, Chapter 20.80 Food, beverage, groceries P - P P Neighborhood Agriculture - P - - Part 9, Chapter 20.80 Nursery, Plant - - P P Note 1 Outdoor Vending A - A A Part 10, Chapter 20.80 Outdoor Vending - fresh fruits and vegetables P - P P Part 10, Chapter 20.80 Pawn shop/broker C - C C See Title 6 Seasonal sales P - P P Part 14, Chapter 20.80 Art Studio, Retail P - P P Part 13.7, Chapter 20.80 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 Child Day Care Center S - S S Child Day Care Center co-located with Multifamily housing development P P P P Note 16 Art Studio, Instructional P - P P Art Studio, Instructional, with live models C - C C Private Instruction, personal enrichment P - P P School-elementary and secondary (public) P - P P School-elementary and secondary (private) C - C C School, driving (class C & M license) P - P P Note 2 School, Post-Secondary P - P P Note 3 School, Trade and Vocational C - C C Entertainment and Recreation Related Amusement Game Arcade C - C C Dancehall C - C C Poolroom/Billiard-Room C - C C Private club or lodge C - C C Recreation, Commercial/Indoor P - P P Recreation, Commercial/Outdoor - - C C Relocated Cardroom - - - - Theatre, indoor C - C C Theatre, outdoor - - C C Assembly C - C C Food Services Banquet - Facility C - C C Caterer P - P P Note 4 Drinking Establishments C - C C Drinking Establishment interior to a full-service Hotel/Motel with 75 or more guest rooms P - P P Section 20.80.475 Public Eating Establishments P - P P Outdoor dining, incidental to a Public Eating Establishment or a retail establishment P - P P Section 20.75.320 Wineries, breweries C - C C Health and veterinary services Animal boarding, indoor - - P P Note 5 Animal grooming P - P P Note 5 Emergency ambulance service - - C C Hospital/in-patient facility C - C C 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 Medical clinic/out-patient facility P - P P Office, Medical P - P P Veterinary clinic P - P P General Services Bed and Breakfast Inn - - P P Part 2, Chapter 20.80 Dry cleaner P - P P Hotel/Motel - - P P Laundromat P - P P Maintenance and repair, Small Household Appliances P - P P Messenger services P - P P Note 2 Mortuary and Funeral Services P - P P Personal Services P - P P Section 20.200.880 Photo processing and developing P - P P Printing and publishing P - P P Social service agency P - P P Offices and Financial Services Automatic teller machine P - P P Section 20.80.200 Business Support Use P - P P Financial institution P - P P Office, General Business P - P P Public, Quasi-Public and Assembly Uses Cemetery - - - - Church/religious assembly C - C C Museums, libraries, parks, playgrounds, or community centers (publicly operated) P - P P Museums, libraries, parks, playgrounds, or community centers (privately operated) C - C C Residential/Mixed Use Multiple dwellings - P P P Section 20.75.210 ; Note 13 Residential accessory uses, including, recreation facilities, mail rooms, laundry facilities, storage and other similar facilities - P P P Section 20.75.210 Home Occupation - P P P Part 9, Chapter 20.80 Mixed Use/ground floor commercial with residential above P - P P Section 20.75.210 ; Note 14 100% deed-restricted affordable housing P P P P Note 15 Emergency Residential Shelter - - - - Section 20.80.500 Live/Work Uses C - S - Part 9.5, Chapter 20.80 & Section 20.75.210 Low barrier navigation center - P P P Chapter 20.195 Permanent supportive housing - P P P Chapter 20.195 Residential Care Facility, six or fewer persons - P P P Section 20.75.210 Residential Care Facility for seven or more persons - C C C Section 20.75.210 Residential Service Facility - P P P Section 20.75.210 Single Room Occupancy (SRO) Residential Hotel - - C C Note 13; Part 15, Chapter 20.80 Single Room Occupancy (SRO) Living Unit Facility - - C C Note 13; Part 15, Chapter 20.80 ; Section 20.75.210 Drive-Through Uses Drive Through Uses in conjunction with any use - - C C Section 20.75.330 Recycling Uses Reverse Vending Machine A P A A Part 13, Chapter 20.80 Small Collection Facility A - A A Part 13, Chapter 20.80 Transportation and Utilities Data Center - - - - Community television antenna systems - - C C Off-site, Alternating Use and Alternative Parking Arrangements S S S S Section 20.90.200 Off-street Parking Establishment C - C C Section 20.75.130 B.3 Utility Structures A A A A Part 19, Chapter 20.80 and Section 20.75.120 A.4 Utility Facilities, excluding corporation yards, storage or repair yards and warehouses C C C C Television, radio studios without antenna/dishes - - - - Short term parking lot for uses or events other than on-site - - C C Note 6 Wireless Communications Antenna - - C C Note 12, Sections 20.100.1300 , 20.80.1915 Wireless Communications Antenna, Slimline Monopole - - S S Note 12, Sections 20.80.1900 , 20.80.1915 Wireless Communications Antenna, Building Mounted P P P P Note 12, Sections 20.80.1910 , 20.80.1915 Electrical Power Generation Private Electrical Power Generation Facility - - C C Note 2 Co-generation Facility S - S S Stand-by or Backup Electrical Power Generation Facility Facilities that do not exceed noise or air standards A S A A Facilities that do exceed noise or air standards C - C C Temporary Stand-by or Backup Electrical Power Generation Facility P - P P Solar Photovoltaic Power system P P P P Section 20.100.610 C.7 Vehicle Related Uses Accessory installation, passenger vehicles and pick-up trucks, indoors P - P P Auto broker, wholesale, no on-site storage P - P P Car wash, detailing - - - - Gasoline Service Station or Charge Station - - - - Gasoline Service Station or Charge Station with incidental service and repair - - - - Glass sales, installation and tinting P - P P Note 10 Sale or lease, commercial vehicles - - - - Note 10 Sale or lease passenger vehicles, pick-up trucks not exceeding 25 feet in length, motorcycles, indoors S - S S Note 9, Note 10 Rental passenger vehicles, pick-up trucks not exceeding 25 feet in length, and motorcycles S - S S Note 2 Sale, vehicle parts S - S S Note 8 Tires, batteries, lube, oil change, smog check station, air conditioning servicing of passenger vehicles and pick-up trucks S - S S Note 7, Note 10 Historic Reuse Historic Landmark Structure reuse S C S S Part 8.5 Chapter 20.80 Notes: 1. Landscaping materials, such as rock, mulch, and sand are limited to prepackaged sales. 2. No on-site storage of vehicles permitted. 3. Includes public and private colleges and universities, as well as extension programs and business schools. 4. Not a catering facility. 5. All uses involving any type of care for animals, including but not limited to grooming, boarding, or medical care must be conducted wholly inside a building. 6. Use must be less than twenty-four hours. 7. Non-engine and exhaust related service and repair allowed as incidental. 8. No outdoor sales areas or dismantling allowed. 9. Incidental repair of vehicles is prohibited. 10. All vehicle-related repair, service, and accessory or other installation shall be conducted within a fully enclosed building. 11. 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 or residents of the primary use on-site are permitted in all pedestrian oriented zoning districts. 12. Certain modifications of existing wireless facilities may be permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80 . 13. Transitional Housing is allowed as any residential housing type and must follow the permit process for such residential housing type. 14. Permanent Supportive Housing is allowed as a residential component of Mixed Use/ground floor commercial with residential above. 15. 100% deed-restricted affordable housing is a permitted use for residential housing type, and any 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. 16. 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. 28858, 29011, 29254, 29546, 30422, 30480, 30516, 30727, 30786, 30984, 31329 .)

San José Municipal Code § 20.75.210 Mixed use development in the MS-C district.

Residential uses in the MS-C district shall only be allowed in a vertical mixed-use configuration under a single development permit covering a minimum site area of eight acres. (Ord. 28858.)

San José Municipal Code § 20.75.220 Residential accessory uses.

Residential accessory uses, including recreation facilities, mail rooms, laundry facilities, storage and other similar facilities shall be allowed on a ground floor commercial frontage pursuant to a conditional use permit, provided such uses do not reduce the required active commercial building frontage required in Table 20-152 of Section 20.75.140 . "Ground floor commercial frontage" means the ground floor area of a lot that has a main street or major cross street frontage located between the build-to-line and a parallel line located sixty feet back from the build-to-line. (Ord. 29011.)

San José Municipal Code § 20.75.230 Incidental use, residential.

Where residential use has been permitted pursuant to a conditional use permit, special use permit or administrative permit, incidental transient occupancy in compliance with Part 2.5 of Chapter 20.80 is a permitted use of the permitted dwelling. (Ord. 29523.)

San José Municipal Code § 20.75.300 Late-night use and activity.

A. No establishment other than office uses, in any pedestrian oriented district shall be open between the hours of 12:00 midnight and 6:00 a.m. except pursuant to and in compliance with a conditional use permit as provided in Chapter 20.100 . B. No outdoor activity, including loading, sweeping, landscaping or maintenance shall occur within one hundred fifty feet of any residential use between the hours of 12:00 midnight and 6:00 a.m. except pursuant to and in compliance with a conditional use permit as provided in Chapter 20.100 . (Ord. 28858.)

San José Municipal Code § 20.75.310 Permanent structure required.

No use shall be deemed to be a permitted use on a site in any pedestrian oriented zoning district unless it is being conducted as part of a business which maintains on that site a permanent, fully enclosed building erected pursuant to a valid building permit issued for that site, excepting only those uses specifically permitted, under this part or this title, to operate without a permanent building on site. (Ord. 28858.)

San José Municipal Code § 20.75.320 Outdoor uses within one hundred fifty feet of residentially zoned property.

No use, which in whole or in part, consists of, includes, or involves any outdoor activity or sale or storage of goods, products, merchandise or food outdoors shall occur on any lands if any part of such lands or any part of the lot on which such buildings are located is situated within one hundred fifty feet of residentially zoned property situated within or outside the city except with a special use permit as provided for in Chapter 20.100 , except for the following: A. Seasonal sales in accordance with the provisions in Part 14, Chapter 20.80 . B. Service windows for pedestrians or automatic teller machines for pedestrians, both of which are associated with financial institutions. C. Outdoor retail displays located in the front setback that are associated with a commercial use on the property. D. Plant nursery sales. E. Outdoor dining incidental to a public eating establishment or a retail establishment or other outdoor uses associated with an on-site business shall be pursuant to and in compliance with Part 10.5 of Chapter 20.80 . Outdoor dining within 150 feet of a residential zoning district that does not conform to Part 10.5 of Chapter 20.80 requires issuance of a Special Use Permit. F. Outdoor vending of whole, uncut, fresh fruits and vegetables in conformance with Part 10, Chapter 20.80 . G. Small certified farmers' markets that are in conformance with Part 3.5, Chapter 20.80 . (Ords. 28858, 29254, 31079.)

San José Municipal Code § 20.75.330 Drive-through uses.

No drive-through use shall be allowed unless the drive-through service window is separated from the main street by a minimum of one hundred feet and a building. (Ords. 28858, 29011.)

San José Municipal Code § 20.75.340 Residential uses - Prohibition on provision of services to nonresidents.

No residential use which includes the provision of service to residents may offer services to nonresidents. (Ord. 28858.)

San José Municipal Code § 20.75.350 Lighting.

A. All lighting or illumination shall conform with any lighting policy adopted by the city council. B. No ground mounted light fixture shall exceed twenty-five feet in height. C. Any lighting located adjacent to riparian areas shall be directed downward and away from riparian areas. (Ord. 28858.)

San José Municipal Code § 20.75.360 Lighting adjacent to residential properties.

Any and all lighting facilities hereafter erected, constructed, or used in connection with any use conducted on any property situate adjacent to a site or lot used for residential purposes shall be arranged and shielded that all light will be reflected away from any residential use so that there will be no glare which will cause unreasonable annoyance to occupants of such property, or otherwise interfere with the public health, safety, or welfare. (Ord. 28858.)

San José Municipal Code § 20.75.370 Screening adjacent to residentially zoned properties.

Any use conducted on any property shall be effectively screened at the property line from any abutting property in a residential district. The screening required hereby shall be a masonry wall or a solid wooden fence five feet in height, except that any portion thereof situated in the required setback area from abutting public streets shall be not more than four feet; and in the event such use includes any outdoor activity, such screening shall also include such trees or plants as the director deems reasonable necessary to effectively screen such use from the adjoining residence district. Such screening shall at all times be maintained in good condition and be kept free at all times of signs. In addition, where a use involving outdoor activity is on a lot or parcel adjoining a residential district, such lot or parcel shall be landscaped in a manner approved by the director. (Ord. 28858.)

San José Municipal Code § 20.75.400 Performance standards.

A. In the pedestrian oriented zoning 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 paragraph, the following specific standards shall apply in the pedestrian oriented 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. 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. (Ord. 28858.)
Source: San José Municipal Code (Municode library)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinancesFetched: 7/25/2026