Additional suspension - Downtown commercial high rise.
San José Municipal Code § 4.46.039.11
in effect4.46.039.11 - Additional suspension - Downtown commercial high rise.
A. The collection of one hundred percent of the tax imposed under this chapter, to the extent not already suspended, shall be suspended and the tax shall not be collected with respect to construction of one downtown commercial high rise structure as provided in this section.
B. A "downtown commercial high rise structure" means a new structure that is one hundred fifty feet or higher located in the downtown planned growth area as designated in the San José 2040 General Plan to be used for commercial purposes, as defined in this chapter.
C. The suspension shall apply to the first downtown commercial high rise structure for which a building permit has been issued in the downtown planned growth area from January 1, 2015 through and including May 31, 2017, provided that the downtown commercial high rise structure meets each of the following:
1. A completed application for a development permit has been filed with the director of planning, building and code enforcement on or before December 31, 2016. A development permit for purposes of this section shall be as defined in Title 20 of the San José Municipal Code; and
2. A building permit for the construction of the downtown commercial high rise structure has been issued on or before May 31, 2017.
3. All building permits for the construction of the downtown commercial high rise structure have been issued on or before December 31, 2018.
D. In the event that the downtown commercial or industrial structure that was eligible for the suspension provided for in this section has not been issued all building permits issued on or before December 31, 2018, then one percent of one hundred percent of the valuation determined and used by the building official of the building or structure, or portion thereof of the tax shall be paid to the building official prior to the issuance of building permits issued after December 31, 2018 so long as the use of the commercial high rise qualifies as an office, research and development use, as defined in Section 20.200.818 of this Code. All building permits issued after December 31, 2018 for the commercial high rise structure that do not meet the definition of used as an office, research and development use, as defined in Section 20.200.818 of this Code shall pay the full amount of the tax.
E. The suspension set forth in Subsection A shall be effective until December 31, 2019.
(Ords. 29798, 29822.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT4REFIBUTA_CH4.46BUSTCOTA_4.46.039.11ADSUOWCOHIRIFetched: 11/1/2026