Allowed uses and permit requirements.

San José Municipal Code § 20.70.100

in effect

A. "Permitted" land uses are indicated by a "P" on Table 20-140. B. "Permitted" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by a "PGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only in compliance with the General Plan land use restrictions related to residential use. C. "Conditional" uses requiring Planning Commission approval as the initial decision-making body are indicated by a "C" on Table 20-140. 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 Planning Commission, or City Council on appeal, as set forth in Chapter 20.100 . D. "Conditional" uses requiring City Council approval as the initial decision-making body are indicated by a "CC" on Table 20-140. These uses may be allowed in such designated districts, 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 . E. "Conditional" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by a "CGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100 ; and in compliance with the General Plan land use restrictions related to residential use. F. "Special" uses are indicated by an "S" on Table 20-140. 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 . G. "Special" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by an "SGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in compliance with a Special Use Permit as set forth in Chapter 20.100 ; and in compliance with the General Plan land use restrictions related to residential use. H. "Administrative" uses are indicated by an "A" on Table 20-140. 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 . I. "Restricted" land uses are indicated by an "R" on Table 20-140. 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 . J. Land uses not permitted are indicated by a "-" on Table 20-140. Land uses not listed on Table 20-140 are not permitted. K. The column of Table 20-140, under the heading "Additional Use Regulations for the Ground Floor Active Use Area", identifies further regulations on the uses of ground-floor building space within a portion of the DC zoning district. The portion of the DC downtown primary commercial district included in the Active Use Area is described in Section 20.70.520 . L. When the right column of Table 20-140 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote apply 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 20-140 Downtown Zoning Districts Use Regulations Use Zoning District Applicable Notes & Regulations DC DC-NT1 Additional Use Regulations for the AUA Overlay Applicable to All Downtown Districts Offices and Financial Services Automatic teller machine P P P Note a; Section 20.80.200 Business support use P P P Financial services P P P Note b Retail bank P P P Note b Offices, business and administrative P P S Section 20.70.110 Payday lending establishment R R - Part 12.5, Chapter 20.80 ; Section 20.80.875 Research and development P P - General Retail Alcohol, off-sale - beer and/or wine only C C C Section 20.80.900 Alcohol, off-sale - full range of alcoholic beverages C C C Section 20.80.900 Alcohol, off-sale - as incidental to a winery, brewery, or distillery A A A Note 11; Part 5.75, Chapter 20.80 Food, beverages, and groceries P P P Outdoor vending A A A Note b; Part 10, Chapter 20.80 Outdoor vending - fresh fruits and vegetables P P P Note b; Part 10, Chapter 20.80 Pawn shop or pawn broker, incidental to a retail jewelry store C C C Note b; Chapter 6.52 Retail bakery P P P Retail art studio P P P Retail sales, goods, and merchandise P P P Note c Seasonal sales P P P Part 14, Chapter 20.80 Agriculture Certified farmers' market P P P Part 3.5, Chapter 20.80 Certified farmers' market, small P P P Part 3.5, Chapter 20.80 Neighborhood agriculture P P P Education and Training Child Day Care Center P P P Note b Child Day Care Center co-located with Multifamily housing development P P - Note 14 Instructional art studios P P P Private instruction, personal enrichment P P P Note b School, elementary - grades K-8 (public or private) C C C Note b School, secondary - grades 9-12 (public or private) C C C Note b School, post-secondary P P - School, trade and vocational P P P Note b Entertainment and Recreation Related Arcade, amusement game P - P Note b Health club, gymnasium P P P Lighting display A/S A/S A/S Section 20.70.150 Theater, indoor P P P Poolroom/billiards establishment P - P Private club or lodge P P - Recreation commercial/indoor P P P Food Services Banquet - facility P P P Caterer P P P Note b Drinking establishments S C S Drinking establishments with an approved maximum occupancy load of over 250 persons and that operate between 12:00 midnight and 6:00 a.m. CC - CC Note 5 Drinking establishments interior to a full-service hotel or motel with 75 or more guest rooms P P - Section 20.80.475 Public eating establishments P P P Note 7 Public eating establishment in conjunction with a winery, brewery, or distillery P P P Taproom or tasting room in conjunction with a winery, brewery, or distillery A S A Part 5.75, Chapter 20.80 Taproom or tasting room with off-sale of alcohol A A A Part 5.75, Chapter 20.80 General Services Bed and breakfast inn P P P Note b; Part 2, Chapter 20.80 Hotel or motel P P P Laundromat P P P Note b Maintenance and repair of small household appliances P P P Note b Personal services P P P Note d Printing and publishing P P P Note b and Note f Health and Veterinary Services Animal grooming P P P Note b Animal boarding, indoor P P P Note b Cannabis retail storefront R R R Part 9.75, Chapter 20.80 Emergency ambulance service C - - Hospital/in-patient facility C - - Medical cannabis dispensary R R R Part 9.75, Chapter 20.80 Office, medical P P P Note b Veterinarian P P P Note b Historic Reuse Historic landmark structure reuse S S S Part 8.5, Chapter 20.80 Public, Quasi-Public and Assembly Uses Auditorium C - C Church/religious assembly P P C Information center P P P Museums and libraries P - P Parks, playgrounds, or community centers P P S Recycling Uses Reverse vending machine S S - Part 13, Chapter 20.80 Small collection facility S S - Part 13, Chapter 20.80 Residential GP Emergency residential shelter, more than 150 beds CGP - - Note e; Section 20.80.500 Emergency residential shelter, 150 beds or fewer PGP - - Note e; Section 20.80.500 , Chapter 20.195 Live/work uses PGP SGP Note e; Section 20.70.120 Low barrier navigation center PGP PGP - Chapter 20.195 Permanent supportive housing PGP PGP - Chapter 20.195 Residential, multiple dwelling PGP PGP - Note 12, Note 13, and Note e Co-living community S S - Note e; Part 3.75, Chapter 20.80 Residential care facility for seven or more persons CGP CGP - Note e Residential services facility P P - Note e Hotel supportive housing CGP CGP - Note 9 and Note e; Part 22 of Chapter 20.80 Single room occupancy (SRO) living unit facility SGP SGP - Note 12 and Note e; Part 15, Chapter 20.80 Single room occupancy (SRO) residential hotel S S - Note 12 and Note e; Part 15, Chapter 20.80 Residential Accessory Uses GP Accessory buildings and accessory structures PGP PGP - Note 1 Transportation and Communication Community television antenna systems C - - Off-street parking establishment P P - Short term parking lot for uses or events other than on-site S S - Radio and television studios P - - Wireless communications antenna S - - Note 8; Sections 20.80.1900 , 20.80.1915 Wireless communications antenna, building mounted P - - Note 8; Sections 20.80.1900 , 20.80.1915 Utilities, Power Generation Private electrical power generation facility C C - Solar photovoltaic power system P P - Section 20.100.160 C.7. Stand-by/backup facilities that do not exceed noise or air standards A A - Temporary stand-by/backup generators P P - Vehicle Related Uses Car wash, detailing P - - Fuel service station or charge station, no incidental service or repair P - - Note 6 Fuel service station or charge station, with incidental service or repair P - - Note 2 Sale and lease, vehicles and equipment (less than one ton) P - - Note 3 Sale and lease, Zero Emission Vehicles and equipment P - - Note 10 Zero Emission Vehicles and Equipment Defined by California Code of Regulations, Title 13, Section 1962.2(i)(18) Tires, batteries, accessories, lube, oil change, smog check station P - - Note 4 Sale, vehicle parts, new P - - Notes applicable to the Downtown Primary Commercial (DC) Zoning District, including the Active Use Area: 1. No Lot may be used solely for an Accessory Structure or Accessory Building. 2. Incidental repair includes air conditioning service, carburetor and fuel injection service, electrical service, radiator service, and tune-up, lube, oil change, and smog check, as well as tires, batteries, and accessories installation. Does not allow body repair or painting. 3. Outdoor vehicle display, storage, sales, or service is not permitted. 4. Non-engine and exhaust-related service and repair allowed as incidental use. 5. Maximum occupancy load shall be that maximum occupancy load determined by the City fire marshal. 6. 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 of the primary use on-site are permitted in all Downtown Zoning Districts. Hydrogen-fueling stations shall be permitted pursuant to Government Code 65850.7. 7. Includes on-site outdoor dining area(s). 8. Certain modifications of existing Wireless Facilities may be Permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80 . 9. 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, 2026.1 10. Outdoor storage of inventory vehicles is permitted only if the parking spaces are fully screened and located at a minimum setback of one hundred fifty (150) feet from the front property lines. The maximum number of parking spaces is limited to fifteen percent (15%) of all parking and paved areas or a maximum outdoor storage area of five thousand (5,000) square feet, whichever is more restrictive. Any other outdoor vehicle display, storage, sales, or service is not permitted. Notwithstanding this provision, one new vehicle may be displayed on a paved area outside of any on-site parking area, provided the display vehicle is not located within the public right-of-way and does not extend past the front of any on-site buildings. 11. Off-sale limited to items produced on-site otherwise a Conditional Use Permit is required. 12. Transitional Housing may be allowed as any residential housing type using the permit process for such housing type. 13. 100% deed-restricted affordable housing is a permitted use for residential housing type, 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. 14. 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. Notes applicable to the Active Use Area only: a. Automatic Teller Machines must be a secondary use and must be architecturally integrated into the building on which they are placed. Automatic Teller Machines may not be standalone structures. Use may not be an ATM vestibule lobby. b. Not permitted in corner tenant spaces. Corner tenant spaces are defined as storefronts that extend up to or beyond 30 feet along the street in either direction from the intersection. c. Includes secondhand stores that deal with antiques, artworks, or vintage clothing. Secondhand stores shall accept donated goods only indoors and during regular business hours. d. Excludes check-cashing services and bail bond services. e. A residential pedestrian entry portal not exceeding 25 feet in length is permitted in the Ground Floor Active Use Area. f. Only if dedicated primarily to on-site retail customer copy services, otherwise not Permitted. (Ords. 30857, 30984, 31095; 31149 , 31298 , 31329 .)

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