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.)

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.)

All development in the pedestrian oriented districts shall conform to the regulations set forth in this part.

(Ord. 28858.)

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.)

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

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.)

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.)

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.)

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

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.)

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

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

(Ords. 28858, 29011.)

Editor's note— Section 20.75.150 was repealed by Ordinance 29011, passed December 13, 2011. See Section 20.75.140.

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

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.)

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.)

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

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.

(Ords. 28858, 29011, 29254, 29546, 30422, 30480, 30516, 30727, 30786, 30984.)

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.)

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.)

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.)

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.)

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.)

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.)

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.)

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

(Ord. 28858.)

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.)

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.)

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.)

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.)