A.

No business otherwise permitted in any district shall be permitted on any lot or parcel of land any part of which is located within five hundred feet of the campus of any public or private elementary or secondary school (schools containing grades kindergarten through twelfth grade or any one or more of such grades), or any child day care center:

1.

If the business is an establishment which serves food, beverages, or food and beverages, including, but not limited to, alcoholic beverages, for consumption on premises of such establishment and if any person who acts as a waiter, waitress, or entertainer (with or without compensation) in such establishment does so in the nude; or

2.

If in the conduct of such business, any live act, demonstrations, or exhibitions occur by persons in the nude in public places, or places open to public view.

B.

The provisions of this section shall not apply to any theater, concert hall, or similar establishment which is primarily devoted to theatrical performances.

C.

For the purposes of this section, a person shall be deemed to be nude if:

1.

In the case of a male person, his genitals, pubic areas, or buttocks are visible.

2.

In the case of a female person, (i) her genitals, pubic areas, or buttocks are visible, or (ii) the nipple or areola of either of her breasts is visible.

(Ord. 26248.)

A.

The purpose of this part is to provide reasonable regulations to prevent the adverse effect of the concentration or clustering of certain uses of real property, specifically adult book/video stores, adult motion picture theaters, adult entertainment establishment, and massage parlors, and to prevent the location of such uses in the downtown core area, which is the subject of an extensive revitalization process in order to counter the past trends of deterioration and economic decline.

B.

No lot or any structure thereon or any portion thereof shall be used for an adult book/video store, adult motion picture theater, adult entertainment establishment or massage parlor unless said lot, parcel, building or structure is located in a CG commercial district, or in a planned development district that allows uses of the CG commercial district, and is located outside the downtown core area as that area is defined in the city's general plan.

C.

Notwithstanding anything elsewhere in this Code to the contrary, no lot in any zoning district or any structure thereon or any portion thereof, shall be used for an adult book/video store, adult motion picture theater, adult entertainment establishment or massage parlor at a location closer than two hundred feet to other such use situated within or outside the city, except that a massage parlor meeting all of the following criteria may be located at a distance closer than two hundred feet to another massage parlor that also meets all of the following criteria:

1.

The massage parlor is located on a commercial site that is at least thirty-five acres in size; and

2.

The commercial site has a general plan designation of regional commercial; and

3.

The massage parlor is fully contained within a commercial center or facility, which center or facility has an aggregate square footage of at least two hundred fifty thousand square feet.

D.

For purposes of this section, a "commercial site" means an area comprising a group of contiguous parcels of land that was or is being developed under a single planning process and coordinated implementation, such as a single permit, that addresses uses and development on the entirety of the contiguous parcels within the area. Contiguous parcels does not include parcels separated by a public right-of-way.

(Ords. 26248, 26705.)

A.

The purpose of this section is to prevent the adverse effect of the location of certain uses of real property, specifically adult book/video stores, adult motion picture theaters, adult entertainment establishment, and massage parlors, in close proximity to residentially zoned property or schools.

B.

Notwithstanding anything elsewhere in this Code to the contrary, no lot or parcel of property in any zoning district or any building or structure thereon or any portion thereof, shall be used for an adult book/video store, adult motion picture theater, adult entertainment establishment or massage parlor at a location closer than two hundred feet to any lot or parcel, within or outside the city, situated in a residential district or TM district, except that a massage parlor meeting all of the following criteria may be located at a distance closer than two hundred feet to a lot or parcel, within or outside the city, situated in a residential district or TM district:

1.

The massage parlor is located on a commercial site that is at least thirty-five acres in size; and

2.

The commercial site has a general plan designation of regional commercial; and

3.

The massage parlor is fully contained within a commercial center or facility, which center or facility has an aggregate square footage of at least two hundred fifty thousand square feet.

C.

Notwithstanding anything elsewhere in this Code to the contrary, no lot or parcel of property in any zoning district or any building or structure thereon or any portion thereof, shall be used for an adult book/video store, adult motion picture theater, adult entertainment establishment or massage parlor at a location closer than five hundred feet from any school, college or university within or outside the city.

D.

For purposes of this section, a "commercial site" means an area comprising a group of contiguous parcels of land that was or is being developed under a single planning process and coordinated implementation, such as a single permit, that addresses uses and development on the entirety of the contiguous parcels within the area. Contiguous parcels does not include parcels separated by a public right-of-way.

(Ords. 26248, 26705.)

Any adult use as defined in Sections 20.200.050, 20.200.060, 20.200.070 or 20.200.740 of this title which was a legal use at the time of annexation of the property into the city but which does not conform to the provisions of this chapter shall be terminated within two years of the date of annexation, unless an extension of time has been approved by the city council in accordance with the provisions of Section 20.80.050.

(Ord. 26248.)

A.

The operator of a nonconforming use as described in Section 20.80.040 may apply under the provisions of this section to the city council for an extension of time within which to terminate the nonconforming use.

B.

An application for an extension of time within which to terminate a use made nonconforming upon annexation may be filed by the owner of the real property upon which such use is operated or by the operator of the use. Such an application must be filed with the city clerk at least ninety days but no more than one hundred eighty days prior to the time established in Section 20.80.040 for termination of such use.

C.

The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be as set forth in the schedule of fees established by resolution of the city council.

D.

Upon filing of an application for extension, the city clerk shall, subject to the rules of the city council, set a date for a public hearing which shall be held by the city council on the application. The hearing date shall be not less than twenty nor more than sixty days from the date the application was filed and all filing fees were paid.

E.

The city clerk shall cause notice of the time and place of the hearing on the application to be given in accordance with the procedure set forth in Section 20.100.190 of this title.

F.

Within a reasonable time after the public hearing on an application for extension has been conducted, the city council shall by resolution take action on the request for the extension. Unless the extension is approved by at least a majority of the council, it shall be deemed denied. An extension under the provisions of this section shall be for no more than one year and shall be approved only if the city council makes all of the following findings:

1.

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to annexation.

2.

The applicant will be unable to recoup said investment as of the date established for termination of the use.

3.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with this chapter.

(Ord. 26248.)

The purposes of this part are to provide reasonable regulations to govern the appropriate siting of certain uses of real property, specifically bail bond establishments; to prevent adverse effects that can result from the concentration or clustering of such uses in close proximity to residential uses, and to retain business opportunities for uses other than bail bond establishments within close proximity to the Santa Clara County department of correction main jail complex.

(Ord. 28954.)

The location and operation of a bail bond establishment shall comply with all of the following criteria at the time that the bail bonds establishment locates at a site if no development permit is required or at the time a development permit is issued if a development permit is required:

A.

All property lines of the real property on which the bail bond establishment is located are at least two hundred feet from other bail bond establishments situated within or outside the city; and

B.

All property lines of the real property on which the bail bond establishment is located are at least two hundred feet from real property zoned for residential uses or on which a public park or public or private kindergarten-twelfth grade school is located.

(Ord. 28954.)

Notwithstanding the provisions of Section 20.40.500 of Chapter 20.40 of this title related to late night use and activity in commercial districts, a bail bond establishment may operate between the hours of midnight and 6:00 a.m. within those commercial zoning districts specified in Section 20.40.100 of Chapter 20.40 of this title without first obtaining a conditional use permit for such late night operations only if the location and late night operations of that bail bond establishment fully conform with all of the following standards and criteria at all times:

A.

The real property on which the bail bond establishment is located is outside of the main jail area, which "main jail area" means, for purposes of this title, the area bounded by Highway 87, Rosemary Street, Sixth Street, Empire Street, and Hawthorne Street; and

B.

The provisions of Section 20.80.075 above are met; and

C.

The bail bond establishment does not exceed two thousand square feet of floor area; and

D.

The late night activity of the bail bond establishment does not involve any customers, deliveries, employee errands, or other arrivals to and departures from the bail bond establishment between the hours of midnight and 6:00 a.m.; and

E.

The bail bond establishment removes all litter, graffiti, or other materials on the site of the bail bond establishment between the hours of 8:00 a.m. and 10:00 p.m.; and

F.

The bail bond establishment meets all other requirements of this title, including but not limited to all regulations contained in Chapter 20.40 for commercial zoning districts.

(Ord. 28954.)

A.

No development permit may be issued for a bed and breakfast inn unless the following criteria are met:

1.

The inn is owner-occupied.

2.

The building is of historical and/or architectural significance and was designed for residential occupancy.

3.

No separate cooking facilities for guests are provided.

4.

No more than one daily meal, breakfast, is served to guests.

5.

No more than one guest room has an external entryway.

6.

No guest may occupy accommodations in the inn for a period of more than thirty calendar days, counting portions of calendar days as a full calendar day.

7.

A certificate of occupancy for group R occupancy is obtained from the city building division, and all applicable building and fire regulations are met.

8.

Any loan funds provided by the City of San José or the redevelopment agency for rehabilitation and/or repair of the subject building as a residential building have been repaired [repaid] in full.

B.

The criteria set forth in subsection A., above, shall be deemed to be conditions of any development permit for a bed and breakfast inn, and failure to adhere to said criteria shall be a violation of this title.

C.

All development permits for a bed and breakfast inn shall set forth the maximum number of guest rooms or guests that may occupy the premises, at any given time, for overnight lodging.

(Ords. 26248, 29523.)

The definitions set forth in the section shall govern the interpretation of this part:

A.

"Adjacent properties" means the dwelling units located to the sides, rear, front, including across the street, above and below, the dwelling unit in which the incidental transient occupancy is located.

B.

"Host" means any person, as defined in Title 1 of this Code, who is the owner of record of residential real property, or any person who is a lessee of residential real property pursuant to a written agreement for the lease of such real property, who offers a dwelling unit, or portion thereof, for incidental transient occupancy.

C.

"Host present" means the host is present on the premises of the dwelling unit that is being used for incidental transient occupancy during the term of the transient occupancy at all times between the hours of 10:00 p.m. and 6:00 a.m.

D.

"Hosting platform" means a person that provides a means through which a host may offer a dwelling unit, or portion thereof, for incidental transient occupancy. This service is usually, though not necessarily, provided through an internet based platform and generally allows an owner or tenant to advertise the dwelling unit through a website provided by the hosting platform and provides a means for potential incidental transient users to arrange incidental transient occupancy and payment therefor, whether the transient user pays rent directly to the host or to the hosting platform.

E.

"Incidental transient occupancy" means the use or possession or the right to the use or possession of any room or rooms, or portions thereof for dwelling, sleeping or lodging purposes in any one-family dwelling, two-family dwelling, multiple dwelling, mobilehome, live/work unit, or accessory dwelling unit, by a transient user.

F.

"Local contact person" means a person designated by the host who shall be available at all twenty-four hours per day, seven days per week during the term of any transient occupancy for the purpose of (i) responding within sixty minutes to complaints regarding condition or operation of the dwelling unit or portion thereof used for incidental transient occupancy, or the conduct of transient users; and (ii) taking remedial action to resolve such complaints.

G.

"Primary residence" means a permanent resident's usual place of return for housing as documented by motor vehicle registration, driver's license, voter registration or other such evidence.

H.

"Transient user" means a person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full calendar days.

(Ords. 29523, 30480.)

Incidental Transient Occupancy meeting the criteria of this Part is an allowed use in any One-Family Dwelling, Two-Family Dwelling, Multiple Family Dwelling, Mobilehome, Live/Work Unit, or Guest House. Incidental Transient Occupancy shall not be allowed in an Accessory Dwelling Unit.

(Ords. 29523, 30353.)

Incidental transient occupancy of a residential dwelling is only allowed as an incidental use of such dwelling if the incidental transient occupancy conforms to each of the performance criteria set forth in Table 20-165 below.

(Ord. 29523.)

Pursuant to Section 66314 of the Government Code, this Section provides for the creation of Accessory Dwelling Units in areas zoned to allow single-family or multifamily dwelling residential use. An Accessory Dwelling Unit that conforms to all applicable requirements shall not be considered to exceed the allowable density for the lot upon which it is located and is deemed to be a residential use that is consistent with the existing General Plan and Zoning designations for the lot.

Pursuant to Section 66321 of the Government Code and notwithstanding any provisions stated in the streamline approval process or any other provision of this Title to the contrary, Accessory Dwelling Units shall be allowed pursuant to the provisions of this Part:

A.

Zoning District. An Accessory Dwelling Unit that is attached to or detached from a one-family dwelling shall be permitted on a lot, consisting of an existing single-family and multi-family dwelling unit.

B.

Number of Units Allowed.

1.

Single-Family. On lots that contain an existing or proposed single-family dwelling, one (1) attached or one (1) detached Accessory Dwelling Unit, and one (1) Junior Accessory Dwelling Unit may be created in any order totaling two (2) units.

2.

Multifamily. On lots that contain an existing or proposed multifamily dwelling structure, one (1) attached or one (1) detached Accessory Dwelling Unit is allowed per lot.

C.

Density. An Accessory Dwelling shall not be included in calculation of residential density for the purpose of determining General Plan conformance.

D.

Development Standards.

1.

Maximum Floor Area. The Accessory Dwelling Units shall comply with all of the following:

a.

If there is an existing primary dwelling, the total floor area of an attached Accessory Dwelling Unit shall not exceed fifty percent (50%) of the existing primary dwelling.

b.

One thousand (1,000) square feet for an Accessory Dwelling on a lot with an area of up to nine thousand (9,000) square feet.

c.

One thousand two hundred (1,200) square feet for an Accessory Dwelling on a lot with an area greater than nine thousand (9,000) square feet.

d.

No maximum for conversion of an existing detached Accessory structure into an Accessory Dwelling Unit.

Table 20-55

2.

Height.

a.

A detached one-story Accessory Dwelling shall be limited to a maximum height of eighteen (18) feet.

b.

A detached two-story Accessory Dwelling shall be limited to a maximum roof height of twenty-five (25) feet above grade.

c.

A detached Accessory Dwelling shall not exceed two (2) stories.

d.

An attached Accessory Dwelling shall be limited to a maximum roof height of twenty-five (25) feet above grade and not exceed two (2) stories.

3.

Setbacks.

a.

Front setback: Front setback of the zoning district, unless such setback prohibits an eight hundred (800) square foot Accessory Dwelling Unit.

b.

Side setback: 0 feet.

c.

Rear setback: 0 feet.

d.

Existing structures converted into an Accessory Dwelling Unit may maintain existing setbacks.

e.

Second Story Accessory Unit - A minimum setback of four (4) feet from the side and rear lot lines, with an overhang of one (1) foot or less, shall be required for any second story of a detached Accessory Dwelling.

f.

Additional setback requirements may apply under the Building and Fire Codes or as a result of "no-build" easements or require compliance with existing easement restrictions.

4.

Required Facilities. An Accessory Dwelling shall include all of the following facilities:

a.

A kitchen (including a sink, food preparation counter, storage cabinets, and permanent cooking facilities such as a range or cooktop that meet Building Code standards); and

b.

A full bathroom (including sink, toilet, and shower and/or bath facilities).

5.

Siting.

a.

An attached Accessory Dwelling shall share a common wall with the One-Family or multiple family Dwelling or shall share an integral roof structure having the same framing system and roof covering as the One-Family or multiple family Dwelling and shall be separated from the One-Family or multiple family Dwelling by no more than ten (10) feet at any given point.

b.

A detached Accessory Dwelling shall be located in the rear yard of the lot of the One-Family Dwelling or shall be required to meet minimum setback requirements for an Accessory Building in accordance with Section 20.30.500, except that a new detached Accessory Dwelling Unit that maintains a minimum interior side setback of four (4) feet may be located at a distance of forty-five (45) feet from the front property line.

c.

A detached Accessory Dwelling shall be located at least six (6) feet away from the One-Family or multiple family Dwelling.

d.

A detached Accessory Dwelling may be attached to an existing or proposed accessory building, including a garage so long as current Building Code requirements and requirements to address fire or safety hazards are met. A detached Accessory Dwelling that is attached to an existing or proposed accessory building, including a detached Accessory Dwelling constructed above an existing or proposed Accessory Building or basement, shall not have any connecting opening between the Accessory Building and Accessory Dwelling, unless all connected areas meet current Building Code and Fire Code requirements, and the maximum gross square footage for all connected areas does not exceed the limits set forth in Section 20.80.175 C and/or Section 20.80.175 G above. Notwithstanding the provisions above, a detached Accessory Dwelling that is attached to an existing or proposed garage may have a connecting opening, provided the garage does not have a connecting opening to any other Accessory Building not used as a garage, and such garage area shall not be included in the maximum Accessory Dwelling floor area tabulation. All Accessory Buildings and Structures shall meet the requirements in accordance with Section 20.30.500, and all connected areas shall meet current Building Code and Fire Code requirements.

e.

The cumulative total of the rear yard covered by the Accessory Dwelling, Accessory Buildings, and Accessory Structures, except pools, shall not exceed forty percent (40%) of the rear yard except that such ratio shall not prohibit an eight hundred (800) square foot Accessory Dwelling Unit with minimum four (4) foot side and rear yard setbacks.

f.

If situated on a lot that is equal to or greater than one-half (½) an acre in size, an Accessory Dwelling shall be located more than one hundred (100) feet from a riparian corridor as measured from top of bank or vegetative edge, whichever is greater.

6.

Roof. Roof height shall be determined in accordance with San José Municipal Code Section 20.200.510.

E.

Design Standards. Accessory Dwellings shall comply with the following design standards:

1.

Any new addition for an attached Accessory Dwelling Unit, on a property listed on the San José Historic Resources Inventory, shall be located along the rear wall of an existing primary dwelling, unless the Accessory Dwelling Unit is fully enclosed within the existing building walls.

a.

The attached Accessory Dwelling Unit shall not result in the enclosure of or net loss of any existing porch, unless such porch is located along the rear façade, and the enclosure of or net loss does not exceed ten percent (10%) or more of an existing porch.

b.

The roofline and materials of the attached Accessory Dwelling Unit shall be differentiated from the primary dwelling.

c.

A detached Accessory Dwelling Unit may be constructed on any property listed on the City's Historic Resources Inventory, provided the Accessory Dwelling Unit is set back at least forty-five (45) feet from the front property line.

2.

The front door of any attached Accessory Dwelling shall not be located on the same facade as the front door of the One-Family Dwelling if that facade fronts onto a street, unless all other locations for placement of the Accessory Dwelling front door would require a passageway as defined in Government Code Section 66314(d)(6).

3.

Any portion of balconies and landings with areas greater than fifty percent (50%) enclosed with walls and covered shall be included in the total unit floor area, measured to exterior framing, except that the floor area of an internal stairwell will be counted once.

4.

Any porches or balconies that project beyond the footprint of the Accessory Dwelling Unit shall be included in the cumulative total of the rear yard coverage tabulation.

F.

Application-Owner Certification. Nothing in this Section shall be deemed to affect the legal status of an Accessory Dwelling built with a lawfully issued permit if the property is subsequently transferred or sold, or if the one-family dwelling or Accessory Dwelling is subsequently rented or leased.

The requirements of Subsection F shall not apply to an Accessory Dwelling Unit constructed on a property developed by a Qualified Non-profit Corporation and there is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. Accessory Dwelling Units meeting these requirements may be sold or conveyed separately from the primary residence to a qualified buyer in conformance with Government Code Section 65852.25 or that has been reviewed and approved by the process stated in Section 20.80.177 of this Municipal Code.

G.

Compliance with Building and Zoning Codes. An Accessory Dwelling shall be built in accordance with the building code set forth in Title 24 of the San José Municipal Code and in conformance with Title 20 of the San José Municipal Code.

H.

Located on One Lot. An Accessory Dwelling shall be located within the same subdivision unit and on the same legal parcel as the One-Family Dwelling or multiple dwelling to which it is ancillary.

I.

Parking. No off-street parking spaces are required for an Accessory Dwelling Unit, and the applicant shall not be required to replace any covered parking spaces that are removed or demolished as a result of the construction of the Accessory Dwelling Unit.

J.

Other Legal Requirements. Accessory Dwelling Units shall comply with all other applicable legal requirements that are not inconsistent with this Chapter.

(Ords. 30984, 31095.)

Pursuant to Section 65852.2(e) of the Government Code, this Section provides for the streamlined and ministerial approval of certain Accessory Dwelling Units. This Section may be used instead of, but not in addition to, the Accessory Dwelling Units allowed pursuant to Section 65852.2(a) of the Government Code nor Section 20.80.175 of the San José Municipal Code. Accessory Dwelling Units pursuant to the provisions of this Part, shall be allowed:

A.

Single-Family. On lots that contain an existing or proposed single-family dwelling, a maximum of one (1) converted Accessory Dwelling Unit, one (1) detached new construction Accessory Dwelling Unit, and one (1) Junior Accessory Dwelling Unit may be created in any order without prejudice; totaling up to three units if all of the following apply:

1.

The Accessory Dwelling Unit or Junior Accessory Dwelling Unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or Accessory Structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing Accessory Structure. An expansion beyond the physical dimensions of the existing Accessory Structure shall be limited to accommodating ingress and egress.

2.

The space has exterior access from the proposed or existing single-family dwelling.

3.

The proposed detached, new construction, Accessory Dwelling Unit that does not exceed four-foot side and rear yard setbacks. The side and rear setbacks are sufficient for fire and safety.

4.

The front setback shall be in compliance with the underlying zoning district and not to prohibit an eight hundred (800) square foot Accessory Dwelling Unit.

5.

The Accessory Dwelling Unit has a total floor area of no more than eight hundred (800) square feet.

6.

The Accessory Dwelling Unit has a height of no more than eighteen (18) feet.

7.

The Junior Accessory Dwelling Unit complies with the requirements of Section 65852.22.

B.

Multifamily. On lots that contain an existing or proposed multifamily dwelling structure, up to two (2) detached Accessory Dwelling Units are allowed, and at least one Accessory Dwelling Unit may be created within a multifamily dwelling structure; if all of the following apply;

1.

The maximum number of Accessory Dwelling Units created shall not exceed twenty-five percent (25%) of the existing multifamily dwelling units prior to the addition of any Accessory Dwelling Units.

2.

Multiple Accessory Dwelling Units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

3.

Each proposed detached Accessory Dwelling Unit does not exceed four-foot side and rear yard setbacks. The side and rear setbacks are sufficient for fire and safety.

4.

Each proposed detached Accessory Dwelling Unit has a total floor area of no more than eight hundred (800) square feet.

5.

Each proposed detached Accessory Dwelling Unit has a height of no more than eighteen (18) feet.

(Ord. 30984.)

Notwithstanding any other provision of this Title to the contrary, Junior Accessory Dwelling Units, for lots consisting of single-family dwellings, that meet all of the following criteria shall be allowed pursuant to the provisions of this Part:

A.

Shall not exceed five hundred (500) square feet and constructed within the existing walls of the primary dwelling unit, and any exterior alteration is only limited to accommodating ingress/egress requirements.

B.

Shall include a separate entrance from the main entrance to the primary dwelling unit.

C.

Shall include an interior entry to the main living area if sanitation facilities are shared with the existing primary dwelling.

D.

Shall require owner-occupancy in the single-family residence in which the Junior Accessory Dwelling Unit will be permitted. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

E.

Shall require the recordation of a deed restriction, which shall run with the land, and which shall be on file with the City, to include restriction on the size and attributes of the Junior Accessory Dwelling Unit that conforms with this Section; and prohibition on the sale of the Junior Accessory Dwelling Unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

F.

Shall include at least an efficiency kitchen which shall include all of the following:

1.

A cooking facility with appliances; and

2.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior Accessory Dwelling Unit.

G.

A Junior Accessory Dwelling Unit may also be allowed on the same lot with an attached or detached Accessory Dwelling Unit, provided the following criteria are met:

1.

The Accessory Dwelling Unit is fully detached, and the Junior Accessory Dwelling Unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling; and

H.

No additional parking shall be required for construction of a Junior Accessory Dwelling Unit.

I.

When a garage is converted into a Junior Accessory Dwelling Unit, any off-street parking spaces that were provided by such garage are not required to be replaced.

(Ord. 30984.)

Notwithstanding any other provision of this Title, Accessory Dwelling Units that meet all of the provisions set forth in the City of San José Accessory Dwelling Unit Amnesty Program shall be allowed.

(Ord. 30984.)

This Part implements Government Code Section 66342, herein referred to as Assembly Bill 1033 (AB 1033). The purpose of this Part is to apply objective local development standards for subdivisions covered by AB 1033. This Part is applicable only so long as AB 1033 is operative.

Where this Part or AB 1033 conflict with any other provisions of this Code, this Part and AB 1033 shall control. Any development standard or requirement not specifically addressed by this Part or AB 1033 must conform to all other provisions of this Code and all other objective policies and requirements governing subdivisions.

(Ord. 31095.)

Pursuant to Government Code Section 66342, this Section provides for the streamlined approval for conversion of existing or new Accessory Dwelling Units (ADU) into condominiums. These condominiums shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this Part or pursuant to Government Code Section 66341. No condominium conversion to a project shall be permitted in any district unless permitted in such district and without obtaining approval of a Parcel Map pursuant to the provisions of this Title and Title 19 of the San José Municipal Code.

(Ord. 31095.)

Subject to the provisions of Section 20.80.180, to achieve the purposes of this Chapter, all projects shall conform to the following requirements:

A.

A maximum of two ADU condominium units shall be allowed on lots that presently allow ADUs, and could include an attached Accessory Dwelling Unit and/or a detached Accessory Dwelling Unit built in accordance with Part 2.75, (Accessory Dwelling Units), Chapter 20.80. In conjunction with the ADU condominium, the parcel map approved pursuant with this section may also include the subdivision of up to two primary dwelling units, in conformance with Part 8, Senate Bill 9 implementation, into condominiums. This allowance shall not exceed a total of four condominium units on each single-family, two-family or multi-family lot under any circumstances.

B.

All structures and buildings included as part of a condominium project shall conform to the building and zoning requirements applicable to the zoning district in which the project is proposed to be located. Designation of individual condominium units shall not be deemed to reduce or eliminate any of the building and zoning requirements applicable to any such buildings or structures.

C.

The condominium shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).

D.

The condominium shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all other objective requirements of this Part.

1.

Neither a subdivision map nor a condominium plan shall be recorded with the county recorder without each lienholder's consent. The following shall apply to the consent of a lienholder:

a.

A lienholder may refuse to give consent.

b.

A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.

2.

Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder's consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows:

"(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have."

3.

The lienholder's consent shall be included on the condominium plan, or attached to the condominium plan that includes the following information:

a.

The lienholder's signature.

b.

The name of the record owner or ground lessee.

c.

The legal description of the real property.

d.

The identities of all parties with an interest in the real property as reflected in the real property records.

e.

The lienholder's consent shall be recorded in the office of the county recorder of the county in which the real property is located.

E.

An Accessory Dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this Part and of Title 19 of the San José Municipal Code. Prior to approval of a parcel map, a home or property owners' association or similar entity shall be formed for any condominium project. The association shall, at a minimum, provide for the administration, management and maintenance of all common areas including landscaping, drive aisles and parking areas, maintenance of the exterior of all buildings, pool or common roof, the collection of dues, payment of public utilities not billed separately to each unit, and enforcement of standards within the project.

1.

The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.

2.

For purposes of this subparagraph, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association's governing documents, membership approval of the existing association.

F.

The applicant shall prepare a declaration of covenants, conditions and restrictions (CC&Rs) which shall be recorded and apply to each owner of a condominium unit within the project. The CC&Rs shall be recorded at, or prior to, the time of parcel map approval, and shall include all applicable conditions of approval and requirements of the City. The CC&Rs shall, at a minimum, provide:

1.

That any amendment to the CC&Rs related to the conditions of approval or other requirements of this Chapter may not be approved without prior consent of the City.

2.

That there shall be an entity created (e.g., a property or homeowners' association) which shall be financially responsible for and shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities.

3.

A provision containing information regarding the conveyance of units and any assignment of parking, an estimate of any initial assessment fees anticipated for maintenance of common areas and facilities, and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit.

4.

A provision addressing the payment of utilities including water, sewer, gas and electricity by the homeowner or through the association.

5.

A provision requiring that any owner who rents his/her condominium unit shall conform to the homeowners' association which is responsible for management of the common areas and enforcement of the CC&Rs.

G.

In addition to such covenants, conditions, and restrictions that may be required by the Department of Real Estate of the State of California pursuant to Title 6 (Condominiums) of the Civil Code or other State laws or policies, the organization documents shall provide for the following:

1.

Conveyance of units.

2.

Management of common areas within the project where common areas exist.

3.

A proposed annual operating budget containing a reserve fund to pay major anticipated maintenance, repair, or replacement expenses where shared common area infrastructure exists; and indicating the association fees needed for the operating budget and reserve fund.

4.

FHA regulatory agreement, if any.

H.

If an accessory dwelling unit is established as a condominium, the homeowner shall notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.

I.

The ADU shall comply with all applicable technical codes including the California Building and Fire Codes. Prior to approval of the parcel map, a safety inspection of the ADU shall be conducted as evidenced through issuance of a final Building Permit or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.

J.

In addition to other application submittal requirements, the following information shall be provided:

1.

Statement regarding current ownership of all improvements and underlying land.

2.

A site plan and boundary map showing the location of all existing easements, structures, mature and/or scenic trees, and other improvements upon the property.

3.

Dimensions and location of each building or unit and the location of all fences and walls.

4.

The location, size, and design for all common areas, including all facilities and amenities provided within the common areas for use by unit owners.

5.

Location and condition for all paved areas, including pedestrian walkways.

6.

Maintenance plan of all buildings and common areas and facilities.

(Ord. 31095.)

A.

No use shall be conducted in any building containing five hundred square feet or less of floor area in the CO office commercial and less restrictive districts, as such order of restrictiveness is set forth in Section 20.10.060, except upon issuance of and in compliance with a special use permit as provided in this title.

B.

This section shall not apply to off-street parking lot attendant booths, temporary trailers which have been permitted pursuant to this title, or to any residential accessory building.

C.

Notwithstanding subsections A. and B., temporary structures and buildings not exceeding one hundred twenty square feet in floor area may be permitted in conjunction with the seasonal outdoor sale of Halloween pumpkins and Christmas trees, as permitted by Part 14 of Chapter 20.80 without a special use permit.

(Ord. 26248.)

Terms that are defined or described by the provisions of Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code, and related regulations promulgated thereunder, as the same may be amended from time to time, are intended to have their same meaning under the provisions of this part, unless a different meaning is expressly set forth for that term in this Municipal Code.

(Ord. 29122.)

A.

Notwithstanding the provisions of Part 16 of Chapter 20.80 of this title, no event permit or development permit shall be required for a certified farmers' market that meets all of the following criteria:

1.

Said certified farmers' market comprises fifteen or fewer certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market pursuant to state and local laws and regulations, as the same may be amended from time to time; and

2.

Said certified farmers' market does not occupy an area greater than ten thousand square feet; and

3.

Said certified farmers' market meets all of the requirements set forth in Sections 20.80.270 and 20.80.275 of this part.

B.

A certified farmers' market that meets all of the criteria set forth above in this Section 20.80.255 is referred to in this title as a "small certified farmers' market."

C.

In addition to the maximum of fifteen certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market as set forth in Section 20.80.255A.1. above, a small certified farmers' market may also include up to one vendor of nonagricultural products located near a small certified farmers' market, in the manner allowed by laws and regulations of the State of California and County of Santa Clara as the same may be amended from time to time, for every five certified producers or producers of agricultural products at the small certified farmers' market.

(Ord. 29122.)

Notwithstanding the provisions of Part 16 of Chapter 20.80 of this title, any certified farmers' market comprising sixteen or more certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market, or a certified farmers' market that does not meet the requirements described in Section 20.80.255 of this part, shall first obtain a special use permit pursuant to the provisions of Part 7 of Chapter 20.100 prior to the commencement of any operation of the certified farmers' market.

(Ord. 29122.)

Certified farmers' markets, including small certified farmers' markets, located in residential zoning districts are allowed to operate only at school sites, library sites, community center sites, or church/religious assembly sites.

(Ord. 29122.)

A.

It shall be unlawful for any person or any certified farmers' market, including small certified farmers' markets, to operate in a manner that does not fully comply with the provisions of this title, including without limitation the operational requirements set forth in this part.

B.

Each and every certified farmers' market, including small certified farmers' markets, and each and every certified producer, producer or other vendor at a certified farmers' market or small certified farmers' market shall fully and timely comply with all of the following operational requirements:

1.

All operations shall fully comply with all federal, state and local laws, regulations and guidelines including without limitation those applicable to the certified farmers' market operations, including without limitation the California Health and Safety Code, the California Food and Agricultural Code, and all regulations and guidelines promulgated by the State of California and the County of Santa Clara thereunder, as the same may be amended from time to time;

2.

All activities, and the duration of those activities, shall first have been approved and authorized by the owner of the real property on which those activities are planned to occur;

3.

Any and all permits or approvals from the building division or fire department of city for any tents or other temporary membranes shall have first been obtained prior to the commencement of use of such tents or temporary membranes;

4.

All certified farmers' markets, including small certified farmers' markets, and each certified producer or producer of agricultural products shall accept as a form of payment for eligible goods or products sold, or shall allow a legitimate and duly authorized third party to occupy space within the certified farmers' market area to operate a redemption program for, CalFresh electronic benefits transfers, as well as federal farmers' market nutrition program coupons (both through the special supplemental nutrition program for women, infants and children as well as the seniors farmers' market nutrition program), all in a manner allowed by, and in conformance with, both federal and state laws and regulations, as those laws and regulations may be amended from time to time, and said legitimate and duly authorized third party redemption program operator who is not a certified producer, producer or vendor shall not constitute a certified producer, producer or vendor for purposes of Section 20.80.255A.1. and/or Section 20.80.255C. above; and

5.

All certified farmers' markets, including small certified farmers' markets, and each certified producer, producer and/or other vendor shall completely remove all equipment, merchandise and other materials, including without limitation waste materials, from the site upon of the conclusion of their respective activities, excepting such interior storage of equipment, merchandise or materials as may be allowed on the site with the permission of the owner or operator of the site.

(Ord. 29122.)

In addition to the operational requirements set forth in Section 20.80.270, a small certified farmers' market, and each certified producer, producer of agricultural products, or other vendor at a small certified farmers' market, shall at all times conform to and comply with the following additional operational requirements and must so conform and comply in order to qualify as a small certified farmers' market:

A.

Shall not operate more than two days per calendar week at the same location;

B.

Shall neither operate, including any setup or breakdown activities, more than six hours per day nor between the hours of 9:00 p.m. and 7:00 a.m.;

C.

Shall operate only on paved surfaces and not on landscaped areas nor adversely impact any landscaping or landscaped areas;

D.

Shall not offer for sale or otherwise distribute any alcoholic beverage;

E.

Shall not use amplified sound for any purpose;

F.

Shall operate as a physically cohesive collection of vendors on a site, excepting only those limited physical separations as may be required by state or local law for vendors of non-agricultural products located near a certified farmers' market;

G.

Shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the site;

H.

Shall have secured with the property owner of the site on which the certified farmers' market plans to operate, and prior to the commencement of any operation of the certified farmers' market, provision for all of the following services in a manner that comports with state and local laws and regulations, as the same may be amended from time to time:

1.

Refuse disposal and sufficient trash and recycling receptacles within the area of the certified farmers' market;

2.

Litter removal within and within three hundred feet of the boundaries of the certified farmers' market; and

3.

Access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets.

(Ord. 29122.)

A.

It shall be unlawful for any person to allow, in a direct, indirect or passive manner, a small certified farmers' market to operate at particular site for more than two days per calendar week.

B.

It shall be unlawful for any person to operate, or to allow in a direct, indirect or passive manner the operation of, a small certified farmers' market on a vacant parcel or lot. Every small certified farmers' market must operate only on a site with an existing fixed-base host in operation on the site.

(Ord. 29122.)

A.

Bedrooms within a Co-Living Community are considered sleeping units as defined in Chapter 2 of the California Building Code as adopted in Chapter 24.03 of the San José Municipal Code. Each bedroom within a Co-Living Community is considered a separate living quarter to be occupied by permanent residents.

B.

No special use permit may be issued for a Co-Living Community unless the following criteria are met:

1.

Excluding the closet and the bathroom area, the bedroom size must be at least one hundred (100) square feet in floor area if occupied by one (1) person, and one hundred fifty (150) square feet in floor area if occupied by two (2) persons. The average size of all of the bedrooms within a Co-Living Community shall be no greater than two hundred seventy-five (275) square feet and no bedroom may exceed four hundred (400) square feet.

2.

Each bedroom shall be designed to accommodate a maximum of up to two (2) persons, along a lateral or loft configuration.

3.

A bedroom may contain partial kitchen facilities. If individual partial or complete bath facilities are not provided in a bedroom, common bath facilities must be provided in accordance with Subsection B of Section 17.20.290 of Title 17 of the San José Municipal Code.

4.

Common full kitchen facilities must be provided to adequately serve the residents of the Co-Living Community and must serve six (6) or more bedrooms.

5.

No bedroom shall have a separate external entryway.

6.

A Co-Living Community shall provide a minimum of 20 square feet of interior common space per bedroom, excluding janitorial storage, laundry facilities and common hallways. The interior common space may be located on different floors than the corresponding bedrooms.

7.

A closet or designated storage space, which could consist of furniture that provides storage, is required in every bedroom.

8.

A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold running water must be provided on each floor of the facility.

9.

Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every twenty (20) bedrooms or fractional number thereof.

10.

A Co-Living Community is subject to regulatory programs and requirements administered by the Department of Housing. With respect to those programs and requirements and the implementing regulations, each bedroom shall be considered a co-living dwelling unit, and the heated common areas associated with the bedrooms will not be excluded from the determination of square footage.

11.

An application for a special use permit for a Co-Living Community shall have an operations management plan. The operations management plan is subject to the approval of both the Director and the Director of Housing. The operations and management plan shall be adhered to during the operation of the Co-Living Community.

12.

A Co-Living Community shall conform to the design guidelines in Section 20.70.500.

13.

A Transportation Demand Management Program (TDM), in conformance with Section 20.90.220, shall be required for a Co-Living Community, regardless of whether a reduction in parking is requested.

C.

Kitchen and bathroom facilities:

1.

For purposes of this section, a partial bathroom contains a water closet and sink. A full bathroom includes sink, toilet, and shower and/or bath facilities.

2.

A full kitchen contains all of the following: a sink, food preparation counter, storage cabinets, and permanent cooking facilities such as an oven and range or cooktop. A partial kitchen shall not include permanent cooking facilities.

D.

The Director shall deny the special use permit application for a Co-Living Community where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate that the proposed Co-Living Community will comply with the requirements of this Section.

(Ord. 30227.)

A.

No one-family dwelling in any district shall be converted to any other use except upon issuance of and in compliance with a:

1.

Site development permit for conversion to a two-family dwelling or a multiple dwelling; or

2.

Special use permit for conversion to any nonresidential use identified as a permitted, or special use in the district with the one-family dwelling; or

3.

Conditional use permit for conversion to any nonresidential use identified as a conditional use in the district with the one-family dwelling.

B.

No two-family dwelling or multiple dwelling in any district shall be converted to any other use except upon issuance of and in compliance with a:

1.

Permit adjustment for conversion of a two-family dwelling to a one-family dwelling; or

2.

Site development permit for conversion to a one-family, two-family, or multiple dwelling; or

3.

Special use permit for conversion to any nonresidential use identified as a permitted, or special use in the district with the two-family or multiple-family dwelling; or

4.

Conditional use permit for conversion to any nonresidential use identified as a conditional use in the district with the two-family or multiple-family dwelling.

C.

Nothing contained in this section shall be deemed or construed to permit approval of any one-family dwelling, two-family dwelling or multiple dwelling use in any district in which such use is not otherwise allowed pursuant to the provisions of Chapters 20.20 through 20.70 of this title.

(Ords. 26248, 26455, 29011.)

For the purpose of this part, "demolition permit" means a building permit issued by the building division pursuant to Section 301 of the uniform building code, as adopted pursuant to the provisions of Chapter 24.02 of Title 24 of this Code, for the purpose of allowing the demolition of a structure.

(Ord. 26248.)

For the purpose of this part, "demolition" means removal of more than fifty percent of the exterior walls of a building.

A.

A wall, or portion of a wall, is deemed "removed" when its structure is removed or moved to another location or elevation on site, or when the wall is enclosed behind newly constructed space.

B.

For the purposes of calculating the amount of exterior walls removed, the remaining exterior walls must be contiguous.

C.

Removal and replication of framing and/or siding for purposes of repair only does not constitute removal or demolition.

(Ords. 26248, 26455.)

For the purpose of this part, "removal permit" means a building removal permit which is issued pursuant to Chapter 17.36 of Title 17 of this Code for the purpose of moving a building over public streets.

(Ord. 26248.)

A.

Except as specifically exempted by Section 20.80.450, no demolition permit or removal permit shall be issued unless and until a development permit which specifically approves such demolition or removal has been issued and has become effective pursuant to the provisions of Chapter 20.100 and the provisions of this part.

B.

A special use permit or other applicable development permit shall be required for the following:

1.

Demolition of a building which would not otherwise require a development permit pursuant to the requirements of Chapter 20.100; and/or

2.

Removal of a building from a parcel located within the City of San José; and/or

3.

Relocation of a building to a parcel located within the City of San José.

C.

The approval of a development permit which allows the demolition, removal or relocation of a building shall expressly include consideration of the criteria set forth in Section 20.80.460 of this part.

D.

Nothing herein shall waive any requirement for a demolition or removal permit pursuant to the provisions of Title 17 of this Code.

(Ord. 26248.)

No development permit shall be required for the following:

1.

Demolition or removal of a single-family home, as defined by Section 20.80.420 of this title, when:

a.

A single-family house permit is not required by Chapter 20.100 of this title; and

b.

Building permits have been issued for a replacement single-family house.

2.

Demolition or removal of a building where such demolition or removal is pursuant to the approval of a non-residential development project funded by a public entity.

3.

Demolition or removal of a building which the city building official has determined to be an immediate threat to public health or safety.

4.

Demolition or removal of a building that has been ordered to be removed or demolished by the appeals hearing board or by a court of law.

5.

Demolition or removal of residential accessory structures, as defined in Section 20.80.420 of this title and Section 20.80.430, and for commercial or industrial buildings no greater than one thousand square feet, except for properties listed on the historic resources inventory.

6.

Demolition or removal of a building which is required under the provisions of Part 3 of Chapter 17.40 of Title 17 of this Code.

(Ord. 26248.)

Prior to the issuance of any Development Permit which allows for the demolition, removal or relocation of a Building, the Director, or on appeal the Planning Commission or City Council, shall determine whether the benefits of permitting the demolition, removal or relocation outweigh the impacts of the demolition, removal or relocation. In making such a determination, the following shall be considered:

1.

The failure to approve the permit would result in the creation or continued existence of a nuisance, blight or dangerous condition;

2.

The failure to approve the permit would jeopardize public health, safety or welfare;

3.

The approval of the permit should facilitate a project which is compatible with the surrounding neighborhood;

4.

The approval of the permit should maintain the supply of existing housing stock in the City of San José;

5.

Both inventoried and non-inventoried Buildings, Sites and districts of historical significance should be preserved to the maximum extent feasible;

6.

Rehabilitation or reuse of the existing Building would not be feasible; and

7.

The demolition, removal or relocation of the Building without an approved replacement Building should not have an adverse impact on the surrounding neighborhood.

8.

The permit applicant has provided evidence that either the existing Building or Structure is not a Multiple Dwelling or Mobile home Park or that the permit applicant has complied with all relocation obligations under state and local law, including but not limited to the obligations in Chapters 17.20, 17.23 and 20.200 of the Municipal Code.

9.

The permit applicant has provided evidence of compliance with all applicable pre-demolition permit conditions and all other requirements in City Council Policy 6-28, Management of Pollutants During the Demolition of Applicable Projects.

(Ords. 26248, 29945, 30906.)

A.

Drinking establishments that fully conform to all of the following criteria at all times are permitted in full service hotels or motels with seventy-five or more guest rooms:

1.

The drinking establishment is accessible only from the interior of the hotel or motel; and

2.

The drinking establishment is operated entirely within the interior of the hotel or motel; and

3.

The drinking establishment does not operate between the hours of 12:00 midnight and 6:00 a.m.; and

4.

No noise related to any activities of the drinking establishment is plainly audible from a residential use that is located fifty feet or more from the hotel or motel.

B.

A conditional use permit shall be required for any drinking establishment that does not fully conform to all of the requirements and criteria of Section 20.80.475A. at all times.

(Ord. 29011.)

No person shall place or operate or allow or suffer the operation of any taproom or tasting room facility which serves members of the public on any privately-owned parcel or lot except in compliance with an administrative permit issued pursuant to this title. The application for such administrative permit may be filed by the operator of the taproom or tasting room pursuant to the requirements of Chapter 20.100. Alternatively, applicants can apply for a special use permit or conditional use permit for uses which do not meet the regulations of the administrative permit.

(Ords. 30372, 30603.)

A.

The administrative permit shall be granted only if the director makes the following findings:

1.

The taproom or tasting room facility, as designed and at the location requested, will not create adverse impacts on the health, safety, or welfare of persons residing or working in the surrounding area; and

2.

The proposed site is adequate in size and shape to accommodate the taproom or tasting room, and any manufacturing uses on site.

B.

The director shall deny the application where the information submitted by the applicant fails to satisfactorily substantiate such findings.

(Ords. 30372, 30603.)

A.

In Downtown Zoning Districts, an Administrative Permit may be issued pursuant to the applicable provisions of this Title for the off-sale of alcohol or the addition of a tap room or tasting room, only if the applicant meets the following criteria:

1.

Use Authorization. The Administrative Permit authorizes the following uses to be implemented on the property subject to the Permit:

a.

A drinking establishment (taproom or tasting room) in conjunction with a winery, brewery, or distillery.

b.

Off-sale of alcohol as incidental to a winery, brewery, or distillery.

c.

A standalone drinking establishment (taproom or tasting room) with off-sale of alcohol.

2.

Alcohol Service and Sale. Alcohol service shall be conducted in full compliance with the issued ABC license.

3.

Limitation on Area of Alcohol Sales. In Downtown Zoning Districts there are no restrictions on the size of retail space, including taprooms, tasting rooms, or any retail display areas. The alcohol available for retail sale shall be limited only to those alcoholic beverages manufactured and produced on-site or in the case of a duplicate license, at the ABC license holder's primary manufacturing site.

4.

Vendor Delivery Parking. The permittee shall discourage vendors from parking delivery vehicles illegally on City streets and shall identify to vendors the available legal loading and unloading zones.

5.

Warehousing, Storage and Bottling. In Downtown Zoning Districts the manufacturing space should not exceed 70% of the total square footage. All aspects of manufacturing should be conducted in a fully enclosed building.

6.

Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the approved plan set.

7.

Outdoor areas. Outdoor seating or dining areas shall not be located within 150 horizontal feet of any residential unit and shall be closed to the public by 10:00 p.m. Existing, previously approved, outdoor seating areas may be permitted within 150 feet of residential units. Locations within 150 from residential units may be permitted if they conform to the following criteria:

a.

The outdoor area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet; and

b.

The outdoor area does not include any equipment to produce any noise that does not comply with Section 20.40.600 of Chapter 20.40; and

c.

The outdoor dining area does not operate between the hours of 10:00 p.m. and 6:00 a.m.

8.

Hours of Operation: Taproom or tasting room uses shall not be open to the public before 11:00 a.m. and shall not be open past 12:00 a.m.

9.

Food trucks. One food truck per site may be permitted, subject to the outdoor vending regulations detailed in Part 10 of Chapter 20.80.

10.

Nuisance. This use shall be operated in a manner that does not create a public or private nuisance. Any such nuisance shall be abated immediately upon notice by the City.

11.

Noise and Acoustics. The permittee shall prevent disturbing or unreasonable noise which can be heard from neighboring properties. Ambient music provided for the listening enjoyment of customers is exempted.

12.

Anti-Graffiti. The permittee shall remove all graffiti from buildings, fences, and wall surfaces within 48 hours of defacement.

13.

Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris:

a.

Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage.

b.

The operator of the proposed use shall clean the public right of way immediately adjacent to the subject site before 8:00 a.m. each day, unless it is a participant in a Property Business Improvement District which provides such sidewalk cleaning services for the neighborhood in the vicinity of the project site, including the immediately adjacent public right of way.

c.

Mechanical equipment used for outside maintenance, including blowers and street sweepers may not be used between 10:00 p.m. and 6:00 a.m. daily.

14.

Revocation, Suspension, Modification. The Administrative Permit may be revoked, suspended or modified by the Director of Planning on appeal, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter 20.100, Title 20 of the San José Municipal Code a finding is made under Section 20.100.350.

(Ords. 30372, 30603.)

A.

In Commercial, Urban Village, and Mixed Use Zoning Districts, an Administrative Permit may be issued pursuant to the applicable provisions of this Title for the off-sale of alcohol or the addition of a tap room or tasting room, only if the applicant meets the following criteria:

1.

Use Authorization. The Administrative Permit authorizes the following uses to be implemented on the property subject to the Permit:

a.

A drinking establishment (taproom or tasting room) in conjunction with a winery, brewery, or distillery.

b.

Off-sale of alcohol as incidental to a winery, brewery, or distillery.

c.

A standalone drinking establishment (taproom or tasting room) with off-sale of alcohol.

2.

Alcohol Service and Sale. Alcohol service shall be conducted in full compliance with the issued ABC license.

3.

Limitation on Area of Alcohol Sales. In Commercial, Urban Village, and Mixed Use Zoning Districts the size of retail space, including tap rooms, tasting rooms, or any retail display areas must not exceed 5,000 square feet. The alcohol available for retail sale shall be limited only to those alcoholic beverages manufactured and produced on-site or in the case of a duplicate license, at the ABC license holder's primary manufacturing site.

4.

Vendor Delivery Parking. The permittee shall discourage vendors from parking delivery vehicles illegally on City streets and shall identify to vendors the available legal loading and unloading zones.

5.

Warehousing, Storage and Bottling. In Commercial, Urban Village, and Mixed Use Zoning Districts the manufacturing space should not exceed 70% of the total square footage. All aspects of manufacturing should be conducted in a fully enclosed building.

6.

Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the approved plan set.

7.

Outdoor areas. Outdoor seating or dining areas shall not be located within 150 horizontal feet of any residential unit and shall be closed to the public by 10:00 p.m. Existing, previously approved, outdoor seating areas may be permitted within 150 feet of residential units. Locations within 150 from residential units may be permitted if they conform to the following criteria:

a.

The outdoor area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet; and

b.

The outdoor area does not include any equipment to produce any noise that does not comply with Section 20.40.600 of this chapter; and

c.

The outdoor dining area does not operate between the hours of 10:00 p.m. and 6:00 a.m.

8.

Hours of Operation: Taproom or tasting room uses shall not be open to the public before 11:00 a.m. and shall not be open past 10:00 p.m.

9.

Food trucks. One food truck per site may be permitted, subject to the outdoor vending regulations detailed in Part 10 of Chapter 20.80.

10.

Nuisance. This use shall be operated in a manner that does not create a public or private nuisance. Any such nuisance shall be abated immediately upon notice by the City.

11.

Noise and Acoustics. The permittee shall prevent disturbing or unreasonable noise which can be heard from neighboring properties. Ambient music provided for the listening enjoyment of customers is exempted.

12.

Anti-Graffiti. The permittee shall remove all graffiti from buildings, fences, and wall surfaces within 48 hours of defacement.

13.

Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris:

a.

Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage.

b.

The operator of the proposed use shall clean the public right of way immediately adjacent to the subject site before 8:00 a.m. each day, unless it is a participant in a Property Business Improvement District which provides such sidewalk cleaning services for the neighborhood in the vicinity of the project site, including the immediately adjacent public right of way.

c.

Mechanical equipment used for outside maintenance, including blowers and street sweepers may not be used between 10:00 p.m. and 6:00 a.m. daily.

14.

Revocation, Suspension, Modification. The Administrative Permit may be revoked, suspended or modified by the Director of Planning on appeal, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter 20.100, Title 20 of the San José Municipal Code a finding is made under Section 20.100.350.

(Ords. 30372, 30603.)

A.

In Industrial Zoning Districts, an Administrative Permit may be issued pursuant to the applicable provisions of this title for the off-sale of alcohol or the addition of a tap room or tasting room, only if the applicant meets the following criteria:

1.

Use Authorization. The Administrative Permit authorizes the following uses to be implemented on the property subject to the Permit:

a.

A drinking establishment (taproom or tasting room) in conjunction with a winery, brewery, or distillery.

b.

Off-sale of alcohol as incidental to a winery, brewery, or distillery.

2.

Alcohol Service and Sale. Alcohol service shall be conducted in full compliance with the issued ABC license.

3.

Limitation on Area of Alcohol Sales. In Heavy Industrial (HI) and Light Industrial (LI) Zoning Districts the size of retail space, including tap rooms, tasting rooms, or any retail display areas must not exceed 20% of the total tenant space (inclusive of outdoor areas). There is no limit on the size of the retail space in other Industrial Zoning Districts. The alcohol available for retail sale shall be limited only to those alcoholic beverages manufactured and produced on-site.

4.

Vendor Delivery Parking. The permittee shall discourage vendors from parking delivery vehicles illegally on City streets and shall identify to vendors the available legal loading and unloading zones.

5.

Warehousing, Storage and Bottling. In Industrial Zoning Districts there are no limits on the size of manufacturing space. All aspects of manufacturing should be conducted in a fully enclosed building.

6.

Outdoor Storage. No outdoor storage is allowed or permitted unless designated on the approved plan set.

7.

Outdoor Areas. Outdoor seating or dining areas shall not be located within 150 horizontal feet of any residential unit and shall be closed to the public by 10:00 p.m. Existing, previously approved, outdoor seating areas may be permitted within 150 feet of residential units. Locations within 150 from residential units may be permitted if they conform to the following criteria:

a.

The outdoor area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet; and

b.

The outdoor area does not include any equipment to produce any noise that does not comply with Section 20.40.600 of Chapter 20.40; and

c.

The outdoor dining area does not operate between the hours of 10:00 p.m. and 6:00 a.m.

8.

Hours of Operation: Taproom or tasting room uses shall not be open to the public before 11:00 a.m. and shall not be open past 10:00 p.m.

9.

Food trucks. One food truck per site may be permitted, subject to the outdoor vending regulations detailed in Part 10 of Chapter 20.80.

10.

Nuisance. This use shall be operated in a manner that does not create a public or private nuisance. Any such nuisance shall be abated immediately upon notice by the City.

11.

Noise and Acoustics. The permittee shall prevent disturbing or unreasonable noise which can be heard from neighboring properties. Ambient music provided for the listening enjoyment of customers is exempted.

12.

Anti-Graffiti. The permittee shall remove all graffiti from buildings fences, and wall surfaces within 48 hours of defacement.

13.

Anti-Litter. The site and surrounding area shall be maintained free of litter, refuse, and debris:

a.

Cleaning shall include keeping all publicly used areas free of litter, trash, cigarette butts and garbage.

b.

Mechanical equipment used for outside maintenance, including blowers and street sweepers may not be used between 10:00 p.m. and 6:00 a.m. daily.

14.

Revocation, Suspension, Modification. The Administrative Permit may be revoked, suspended or modified by the Director of Planning on appeal, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 2, Chapter 20.100, Title 20 of the San José Municipal Code a finding is made under Section 20.100.350.

(Ords. 30372, 30603.)

A.

An emergency residential shelter must provide at least one security guard during the shelter's hours of operation.

B.

All lighting or illumination shall conform with any lighting policy adopted by the City Council.

C.

Medical assistance, training, counseling, and personal services essential to enable homeless persons to make the transition to permanent shelter may be provided, with or without meals, as an incident to the operation of an emergency residential shelter.

D.

A Shelter Management Plan shall be a condition of any Conditional Use Permit approved and should address issues including good neighbor issues, transportation issues, client supervision, client services, and food services.

(Ords. 26248, 28460; 31149.)

A.

No person, firm or corporation shall convert, in whole or in part, a gasoline service station to any other use without a special use permit in the case of conversion to a permitted or special use in the district, or a conditional use permit in the case of conversion to a conditional use in the district.

B.

The following requirements shall be applied by the director, or the planning commission on appeal, in granting a special use permit under this part:

1.

Tank safeguarding or removal. All flammable or combustible liquid storage tanks shall be safeguarded or removed in compliance with the provisions of Chapter 17.68 of Title 17 of the San José Municipal Code, and the area shall be resurfaced and landscaped in a manner appropriate to the proposed converted use.

2.

Equipment. Pumps, pump island, mechanical equipment, wells, offices, accessory structures, insignias, trademarks, billboards, signs, kiosks and the supporting structures, mounting, and foundations of the listed items, and any and all other improvements situated on the site, and formerly utilized for the gasoline service station use, shall be removed or found to be compatible with the proposed conversion.

3.

Soil testing and clean-up. The lot may be tested for soil contamination. If such contamination is found, the soil shall be rendered free of such contamination through clean-up procedures which are in accordance with applicable federal, state and local regulations.

4.

Driveway closure. Existing driveways shall be closed as determined by the director to minimize ingress and egress to the site to reduce potential hazards to pedestrian and vehicular circulation.

5.

Landscaping. Landscaping shall be included in the site design to enhance the overall aesthetics of the converted site.

(Ords. 26248, 27626.)

The intent of this part is to facilitate the continued use and occupancy of historic landmark structures by allowing consideration of a wider variety of potential uses through the creation of a discretionary process for the approval of uses in a historic landmark structure that would not otherwise be allowed in a particular zoning district.

(Ords. 28791, 30603.)

A.

In any residential district, additional uses beyond those allowed in the applicable district are allowed in or at a historic landmark structure subject to a conditional use permit as delineated in Part 6 of Chapter 20.100 Administration and Permits. Such additional uses shall be limited to permitted and conditional uses of any other residential district and permitted or conditional uses of the CP Commercial Pedestrian District, excepting vehicle-related uses.

B.

In a commercial, urban village, mixed use, industrial, or downtown district, additional, un-enumerated uses beyond those allowed by right or conditionally in the applicable district, as well as enumerated uses that are not currently allowed, may be allowed in or at a historic landmark structure subject to a special use permit, as delineated in Part 7 of Chapter 20.100, Administration and Permits.

(Ords. 28791, 30603.)

A.

In addition to any findings required by any other section of this title, the director, or planning commission on appeal, may issue a special use permit, and the planning commission, or city council on appeal, may issue a conditional use permit, all pursuant to the provisions of this title, for a use of a historic landmark structure as described and allowed pursuant to the provisions of this part only if all of the following additional findings also can be made:

1.

The proposed use of the historic landmark structure is compatible with and will not cause adverse impacts to the surrounding uses; and

2.

The proposed use of the historic landmark structure will not cause adverse impacts to the historic landmark structure; and

3.

Any changes proposed to the historic landmark structure, or the site on which this historic landmark structure is located, as part of a project will comply with the United States Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings; and

4.

The proposed re-use of the historic landmark structure complies either with the Uniform Building Code or the State Historic Building Code; and

5.

If the historic landmark structure is located in a residential district, the proposed re-use of the historic landmark structure will not impair the integrity of the surrounding residential neighborhood or the surrounding area is not predominately residential in character.

B.

The director, or planning commission on appeal, or the planning commission, or city council on appeal, as applicable, shall deny the development permit application where the decision-maker cannot make any one of the findings set forth in Subsection A. above, or other required finding under this title, based upon substantial evidence in the record.

(Ords. 28791, 30603.)

A.

In the case where no other development permit would be required, no person shall convert, in whole or in part, an existing or proposed building from one TDM Use Category as identified in Table 20-190 to a different TDM use category without a Special Use Permit in the case of conversion to a permitted or special use in the district, or a Conditional Use Permit in the case of conversion to a conditional use in the district, with the following exceptions:

1.

No Special Use Permit shall be required if the conversion of TDM Use Category is from any other use category to the Category of Other.

2.

No Special Use Permit shall be required if the conversion would otherwise be exempted from Transportation Demand Management requirements pursuant to 20.90.900.B.

3.

No Special Use Permit shall be required for a conversion of an existing building to a residential use within the downtown zoning area defined by Section 20.70.010, where that building received a Certificate of Occupancy prior to April 10, 2023. Such conversions shall not be subject to the requirement to prepare a Transportation Demand Management Plan.

B.

The following requirement shall be applied by the Director, Planning Commission, or City Council, in granting a Special Use Permit or Conditional Use Permit under this Part:

1.

Transportation Demand Management. The project shall be subject to the requirements of Part 9 of Chapter 20.90.

(Ords. 30857, 31226.)

A home occupation meeting the criteria of this part is allowed in a one-family dwelling, two-family dwelling, multiple dwelling, accessory dwelling unit or mobilehome as an incidental use of such dwelling.

(OrdS. 26248, 30480.)

A business or commercial activity is a home occupation only if it conforms to each of the performance criteria, set forth in Table 20-160 below:

Table 20-160
Performance Criteria

Notes applicable to performance criteria for home occupations:

Note 1: Cottage food operations are allowed as home occupations so long as the cottage food operations are in compliance with the requirements for those operations contained in the California Government Code and the California Health and Safety Code, as amended. Where the provisions of State law pertaining to cottage food operations, or state regulations promulgated thereunder, conflict with the performance criteria set forth in Table 20-160 above, such state law or regulations shall govern and control over the criteria set forth in Table 20-160 above.

(Ords. 26248, 29011, 29218.)

The following are not permitted as home occupations:

A.

Animal breeding except for small scale activity involving no more than a total of six adult small animals (animals of six months in age or greater) as set forth in Title 7.

B.

Appliance repair, other than the repair of small household appliances, as defined in Section 20.200.550.

C.

Firearm sales and service.

D.

Motorized garden tool repair, such as, but not limited to, lawnmowers, chainsaws, and leaf blowers.

E.

Massage parlor, as provided in Part 1 of Chapter 20.80 of this title, and the business of massage as provided in Section 6.44.010A.

F.

Pest control.

G.

Upholstery and furniture repair.

H.

Food catering, excluding cottage food operations, that are allowed under and fully comply with the requirements therefor contained in the California Government Code and the California Health and Safety Code, together with applicable regulations promulgated thereunder, as amended.

I.

Vehicle-related uses such as, but not limited to, the following: storage of vehicles, cleaning, dismantling, embellishment, installation, manufacture, repair or service, sale, lease or rental, towing, driving schools, and dispatching of vehicles located at the site.

J.

Welding.

K.

Any use which requires a hazardous materials permit from the fire department.

L.

Any off-sale of alcohol.

M.

Any other use which does not comply with each of the criteria provided in Table 20-160.

(Ords. 26248, 26455, 29011, 29218.)

Any conditional use permit or special use permit issued for live/work uses shall be subject to the following criteria:

A.

Only owners or employees of the business associated with the live/work unit may occupy the living unit portion; and

B.

The live/work unit complies with Title 24 of the San José Municipal Code.

(Ords. 28858, 29011.)

Editor's note— Section 20.80.740 was formerly Section 20.80.760. The numbering of this section was corrected by Ordinance 29011, passed December 13, 2011.

The purpose of this part is to further fulfill the purposes and intents set forth in Chapter 6.88 of Title 6 of the San José Municipal Code.

(Ord. 29420.)

For the purpose of this Part, words and phrases shall have the meanings ascribed to them in Chapter 6.88 of Title 6 of the San José Municipal Code, except for the following:

A.

Downtown shall have the same definition as Downtown Growth Area defined in the Envision San José 2040 General Plan as outlined on the Planned Growth Area Diagram.

B.

Urban Village shall have the same definition as Urban Village Boundary Area, or Urban Village Planning Area defined in the Envision San José 2040 General Plan as outlined on the Land Use/Transportation Diagram.

C.

Youth Center shall have the definition given in California Health and Safety Section 11353.1.

(Ords. 29420, 30727.)

A.

No person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business; provided, however, that a person may assert an affirmative defense to a criminal or civil enforcement action brought to enforce the provisions of this Title where the person, collective, business or activity is in full compliance with all of the applicable terms, provisions and conditions of this Code, including without limitation the provisions of this Part.

B.

In addition to the requirements set forth in Section 20.80.760 A. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business until such time as a Zoning Code Verification Certificate has been duly applied for and issued by the Director pursuant to the provisions of Chapter 20.100 of this Title, which Zoning Code Verification Certificate confirms full conformance of a proposed Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business with all of the applicable locational siting requirements of this Title; provided a licensed Medical Cannabis Collective may expand its use to include a Medical Cannabis Business or Non-medical Cannabis Business without having to obtain a new Zoning Code Verification Certificate pursuant to this Section 20.80.760 B. The application for such Zoning Code Verification Certificate shall be filed pursuant to the requirements and processes set forth in said Chapter 20.100.

C.

In addition to the requirements set forth in Sections 20.80.760 A. and 20.80.760 B. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, a Medical Cannabis Collective Cultivation Site Only, a Medical Cannabis Collective Dispensary Site Only, a Medical Cannabis Business, or a Non-medical Cannabis Business until such time as all required state licenses have been duly applied for and issued by the State of California and are effective pursuant to the provisions of state law.

D.

Notwithstanding the provisions of this Section 20.80.760, all persons who choose to be involved with Cannabis, Medical Cannabis, a Medical Cannabis Collective, a Medical Cannabis Collective Cultivation Site Only, a Medical Cannabis Collective Dispensary Site Only, a Medical Cannabis Business, or a Non-medical Cannabis Business do so entirely at their own risk that such involvement may constitute a violation of federal or state law.

(Ords. 29420, 30029, 30209, 30727.)

The location and operation of, and any person operating, or allowing or suffering the operation of, a Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Dispensary, or Cannabis Retail Storefront shall be subject to and shall comply with, or shall cause the compliance with, all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on said business or location under or pursuant to other provisions of the San José Municipal Code or other applicable State or local laws, regulations or policies, at all times; provided, however, that if there is a conflict between the provisions of this Section and the provisions of any other applicable State or local law, the most restrictive law allowed to apply shall govern and control:

A.

No person, or Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business, shall receive a Zoning Code Verification Certificate if another such Certificate exists within the distances established in Table 20-165 from another Medical Cannabis Dispensary or Cannabis Retail Storefront.

B.

No Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront shall be located or shall operate on any floor of a retail commercial shopping center located on a Parcel or Parcels totaling over forty (40) acres in size.

C.

All activities conducted at a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront shall at all times fully comport with the provisions of the Compassionate Use Act, the Medical Marijuana Program Act, the Medicinal and Adult Use Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, and any other applicable state laws, as the same may be amended from time to time; and

D.

All activities conducted at a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront shall at all times fully comport with the provisions of Chapter 6.88 of Title 6 of this Code.

E.

The proposed Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront would not lead to the grouping of more than four of any combination of the following uses within a one thousand- foot radius: Medical Cannabis Collective Dispensary sites only, Medical Cannabis Dispensaries, or Cannabis Retail Storefronts. This shall be measured from the nearest exterior wall of the cannabis business' occupied tenant space in a shared building, or to the nearest exterior wall of the cannabis business' building envelope if the business is the sole tenant of a building.

(Ords. 30227, 30929.)

The provisions of this Part are not intended to and shall not regulate the cultivation or possession of cannabis for personal use cultivation in full compliance with all applicable state and local laws at their primary residence located within a zoning district that allows for residential uses.

(Ords. 29420, 30029.)

A.

All restrictions and conditions for a Medical Cannabis Collective Dispensary Site Only, or a Medical or Non-medical Cannabis Business shall conform to the regulations set forth below in Table 20-165.

B.

All restrictions and conditions apply at the time of issuance of a zoning code verification certificate.

Table 20-165
Medical Cannabis Dispensary Sites Only,
or Medical or Non-medical Cannabis Business
Setback Standards

(Ords. 30727, 30929.)

A.

The distances established in Table 20-165 above for a public or private elementary school, or secondary school, youth center, or child daycare center, shall be measured as follows:

1.

In a straight line at a minimum of 500 feet from the property line of the public or private elementary school, or secondary school, youth center, or child daycare center, to the closest property line of the lot on which the Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront is to be located without regard to intervening structures.

2.

Path of travel at a minimum of 1,000 feet from the nearest public entrance of the public or private elementary school, or secondary school, youth center, or child daycare center, to the nearest public entrance of the Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront. For purposes of this part, path of travel includes a continuous, unobstructed way of pedestrian passage by means of which the use may be approached, entered, and exited, where open to the public.

3.

The most restrictive measurement shall control.

B.

The distances established in Table 20-165 above for parks, community and recreation center, library, substance abuse rehabilitation center, emergency residential shelter, or another dispensary or Cannabis Retail Storefront shall be measured, as follows:

1.

For a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront, from any parks, community and recreation center, library, substance abuse rehabilitation center, or emergency residential shelter located in a multi-tenant Building with tenant spaces occupied by uses other than the dispensary, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the collective's occupied tenant space in the shared Building.

2.

For a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront, from any parks, community and recreation center, library, substance abuse rehabilitation center, or emergency residential shelter that is the sole occupant of a building or buildings, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the dispensary's closest building envelope.

C.

The distances established in Table 20-165 above for residential uses shall be measured as follows:

1.

For a Medical Cannabis Collective Dispensary site only, Medical Cannabis Dispensary, or Cannabis Retail Storefront; the distance shall be measured from the nearest public entrance to the closest residential use following path of travel. For purposes of this part, path of travel includes a continuous, unobstructed way of pedestrian passage by means of which the use may be approached, entered, and exited, where open to the public.

(Ords. 29420, 29804, 30029, 30727, 30929.)

Editor's note— Ord. 30929, § 4, adopted June 20, 2023, repealed § 20.80.780, which pertained to Police Beat Exclusion Area and derived from Ord. 30727.

The purpose of this Part is to further fulfill the purposes and intents set forth in Chapter 6.88 of Title 6 of the San José Municipal Code.

Unless expressly defined in this Title otherwise, the terms used in this Part shall have the meanings ascribed to them in Chapter 6.88 of Title 6 of the San José Municipal Code.

(Ord. 30209.)

"Youth Center" shall have the definition given in California Health and Safety Section 11353.1.

(Ord. 30727.)

A.

No person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business; provided, however, that a person may assert an affirmative defense to a criminal or civil enforcement action brought to enforce the provisions of this Title where the person, collective, business or activity is in full compliance with all of the applicable terms, provisions and conditions of this Code, including without limitation the provisions of this Part.

B.

In addition to the requirements set forth in Section 20.80.798 A. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business until such time as a Zoning Code Verification Certificate has been duly applied for and issued by the Director pursuant to the provisions of Chapter 20.100 of this Title, which Zoning Code Verification Certificate confirms full conformance of a proposed Cannabis Cultivation, Delivery Only, Distribution, Manufacturing (Type 6), Processing, or Testing Business with all of the applicable locational siting requirements of this Title; provided an existing registered Medical or Non-medical Cannabis Business may expand its operation to include cannabis manufacturing (Type 6) or cannabis distribution but must obtain a new Zoning Code Verification Certificate pursuant to this Section 20.80.760 B. if such activity is conducted at a new site. The application for such Zoning Code Verification Certificate shall be filed pursuant to the requirements and processes set forth in Chapter 20.100.

C.

In addition to the requirements set forth in Sections 20.80.798 A. and 20.80.798 B. above, no person shall own, operate, tolerate, allow the operation of, or profit from the ownership of a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business until such time as all required State licenses have been duly applied for and issued by the State of California and are effective pursuant to the provisions of State law.

D.

Notwithstanding the provisions of this Section 20.80.798, all persons who choose to be involved with cannabis, and a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business do so entirely at their own risk that such involvement may constitute a violation of federal or state law.

(Ords. 30209, 30727.)

The provisions of this Part are not intended to and shall not regulate the cultivation or possession of cannabis for personal use in full compliance with all applicable state and local laws at their primary residence located within a zoning district that allows for residential uses.

(Ord. 30727.)

The location and operation, and any person operating, or allowing or suffering the operation of, a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall be subject to and shall comply with, or shall cause the compliance with, all of the following restrictions and conditions set forth in this Section, in addition to those restrictions and conditions that may be imposed on said business under or pursuant to other provisions of the San José Municipal Code or other applicable State or local laws, regulations or policies, at all times; provided, however, that if there is a conflict between the provisions of this Section and the provisions of any other applicable State or local law, the most restrictive law allowed to apply shall govern and control:

A.

At the time of issuance of a Zoning Code Verification Certificate, no Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall be located closer than a minimum of six hundred (600) feet from any Parcel on which a public or private preschool, elementary school, or secondary school exists; and

B.

At the time of issuance of a Zoning Code Verification Certificate, no Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall be located closer than a minimum of six hundred (600) feet from any Parcel on which any of the following uses exist: a Child Day Care Center, Youth Center; and

C.

At the time of issuance of a Zoning Code Verification Certificate, no Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall be located closer than a minimum of six hundred (600) feet from any Parcel on which any of the following uses exist: a community/recreational facility, a park, or a library; and

D.

At the time of issuance of a Zoning Code Verification Certificate, no Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall be located closer than a minimum of one hundred fifty (150) feet from any Parcel with residential use, including a residential legal nonconforming use that is not incidental to a primary nonresidential use; and

E.

The distances established in Subsections A. through D. above shall be measured as follows:

1.

For a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business located in a multi-tenant Building with tenant spaces occupied by uses other than the Cannabis Business, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the Cannabis business' occupied tenant space in the shared Building.

2.

For a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business that is the sole occupant of a Building, the distance shall be measured in a straight line from the Parcel boundary of the sensitive use to the nearest exterior wall of the Cannabis Business' Building envelope.

F.

All activities conducted at a Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall at all times fully comport with the provisions of Chapter 6.88 of Title 6 of this Code; and

G.

A Medical Cannabis Collective, Medical Cannabis Collective Cultivation site only, Cannabis Cultivation, Cannabis Delivery Only, Cannabis Distribution, Cannabis Manufacturing (Type 6), Cannabis Processing, or Cannabis Testing Business shall not operate between the hours of 12:00 a.m. and 6:00 a.m. except pursuant to and in compliance with a Conditional Use Permit as provided in Chapter 20.100.

H.

No outdoor activity, including loading, sweeping, landscaping or maintenance shall occur within fifty (50) feet of any residentially zoned property 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.

I.

Performance Standards

1.

In the IP, LI and HI industrial districts no primary, secondary, incidental or conditional use or activity related thereto shall be conducted or permitted:

a.

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

b.

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

c.

In a manner that creates a public or private nuisance.

2.

Without limiting the generality of the preceding subsection, the following specific standards shall apply in the industrial zoning districts:

a.

Incineration. There shall be no incineration on any site of any waste material.

b.

Vibration. There shall be no activity on any site that causes ground vibration which is perceptible without instruments at the property line of the site.

c.

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, Building and Code Enforcement.

3.

Noise.

a.

The sound pressure level generated by any use or combination of uses shall not exceed the decibel level at any property line as shown in Table 20-135, except upon issuance and in compliance with a special use permit as provided in Chapter 20.100.

(Ords. 30209, 30727.)

The purpose of this Part is to confirm that:

A.

The cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, is a prohibited land use in all zoning districts in the City of San José. Nonmedical marijuana is any marijuana or marijuana product, as defined in Division 10 of the California Health and Safety Code, which is not regulated by the City under Chapter 6.88 of Title 6 of this Code.

B.

Notwithstanding, Subsection A., if Proposition 64 (also known as the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") passes at the November 8, 2016 statewide general election, not more than six (6) living marijuana plants may be planted, cultivated, harvested, dried, or processed by a person over the age of twenty one (21) inside a private residence, or inside an accessory building to a private residence that is fully enclosed and secure and located upon the grounds of the private residence, as an incidental use to the primary private residential use, provided that marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this Part must be stored in a locked space on the grounds of the private residence not visible from the public right-of-way. Any personal cultivation under this Part shall comply with all requirements of this Code, including without limitation, Chapter 17.12 of this Code and Title 24 of this Code.

(Ord. 29813.)

A.

Subsection B. of Section 20.80.780 of this Chapter shall automatically sunset and have no force or effect in the event AUMA fails to pass at the November 8, 2016 statewide general election.

B.

In the event AUMA fails to pass at the November 8, 2016 statewide general election, the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, whether indoors or outdoors, shall continue to be prohibited in all zoning districts of the City of San José.

(Ord. 29813.)

This part regulates vending facilities established on private properties, typically in parking lots or on private pedestrian walkways. Such uses may, when properly integrated with surrounding uses, become a valued component of the urban environment. The specific purposes of this part are to safeguard the urban environment by permitting such uses in a manner consistent with safe and efficient circulation of pedestrian and vehicles and by protecting the integrity and character of the surrounding neighborhood, properties and uses.

(Ord. 26248.)

A.

No person shall place or operate or allow or suffer the placement or operation of any stationary vending facility which serves members of the public outdoors on any privately owned parcel or lot except in compliance with an administrative permit issued pursuant to this title. The application for such administrative permit may be filed by the operator of the vending facility and shall be countersigned by the owner of the subject lot or parcel, or by the authorized agent of the owner, pursuant to the requirements of Chapter 20.100.

B.

A stationary vending facility is a vending facility which remains or operates on any single parcel or lot for more than a total of two hours in any twenty-four-hour period.

C.

An administrative permit is required for each individual stationary vending facility.

(Ords. 26248, 29254, 29678.)

A.

Nothing in this part shall regulate or prohibit the following uses:

1.

The seasonal sale of Halloween pumpkins and Christmas trees and associated greenery pursuant to this title.

2.

The peddling of any product from an approved location within the sidewalk portion of a public street pursuant to Chapter 6.54 of Title 6.

3.

The placement or maintenance of a newsrack within the public right-of-way pursuant to Chapter 13.18 of Title 13.

4.

The vending of beverages, goods, wares, merchandise or services for the use of an on-site business when covered by other provisions in this title.

B.

Notwithstanding the provisions of this part, no administrative permit shall be required for the placement or operation of a vending facility which solely involves the vending of whole, uncut, fresh fruits and vegetables and that meets and remains in full compliance with all of the following location and operational requirements:

1.

The vendor shall attend the vending facility at all times.

2.

The vending facility shall operate only on a site with an existing fixed-base host in operation on the site.

3.

All operations shall fully comply with all federal, state and local laws, regulations and guidelines including without limitation those applicable to the vending of fresh fruits and vegetables, including without limitation the California Health and Safety Code, the California Food and Agricultural Code, and all regulations and guidelines promulgated by the State of California and the County of Santa Clara thereunder, as the same may be amended from time to time.

4.

All activities, and the duration of those activities, shall first have been approved and authorized in writing by the owner of the real property on which those activities are planned to occur. The vendor shall have this written authorization available on-site and shall present it to the city upon the city's request.

5.

The vendor shall completely remove all equipment, merchandise and other materials, including, without limitation, waste materials, from the site upon the conclusion of the vending activities, excepting such interior storage of equipment, merchandise or materials as may be allowed on the site with the permission of the owner or operator of the site.

6.

The hours of operation of a vending facility shall be limited to the hours of operation of the fixed-base businesses on the fixed-base host site; however, the vending facility shall not operate, including any setup or breakdown activities, between the hours of 10:00 p.m. and 7:00 a.m. During hours in which the fixed-base host businesses are closed, the vending facility shall be removed from the parcel or lot on which it operates, or shall be stored indoors.

7.

The vending facility shall be placed or operated only on paved surfaces and not on landscaped areas, nor shall the vending facility adversely impact any landscaping or landscaped areas.

8.

The vendor shall not offer for sale or otherwise distribute any products other than whole, uncut, fresh fruit and vegetables.

9.

Each vendor shall not use amplified sound for any purpose.

10.

The vending facility or activities shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the site.

11.

The maximum dimensions of the vending facility shall be as follows:

a.

The maximum height of any portion of each vending facility, including any folding or collapsible appendage, shall not exceed ten feet.

b.

The maximum width of each vending facility or cart, including any folding or collapsible appendage, shall not exceed ten feet.

c.

The maximum length of each vending facility or cart, including any folding or collapsible appendage, shall not exceed twenty-four feet.

12.

The vending facility shall not be placed on or operate within the boundaries of a hypothetical triangular area described by the point of intersection of the curb-line extensions of perpendicular or nearly perpendicular streets, and a line joining two points thirty feet from that point of intersection, measured along those curb-lines.

13.

The vending facility shall not be placed or operate less than one hundred feet from a freeway on or off ramp.

14.

The vending facility shall not be placed or operate less than twenty feet from a driveway curb cut.

15.

The vending facility shall not be placed or operate within fifty feet of an exclusively residentially used lot as measured from nearest point of vending facility to nearest point of the exclusively residentially used lot.

16.

No vending facility shall be placed within or operate from a structure or stand which is attached to or bears directly upon or is supported by the surface of the site. Vending facilities shall operate exclusively from vehicles or carts or other conveyances which are fully mobile and have operational wheels in place at all times. Vending facilities shall not connect to temporary or permanent on-site water, gas, electricity, telephone or cable sources.

17.

Vending facilities shall not be located less than fifteen feet from a parcel or lot line or a public right-of-way.

18.

The vendor shall not place or utilize displays of fruits or vegetables that are detached from the vending facility or visible off-site.

19.

All signs used in conjunction with any vending facility shall comply with the requirements of Title 23 of this Code and with the following requirements:

a.

Free-standing signs shall not be allowed. All signs shall be mounted or attached to the exterior surfaces of the vending facility and shall not extend beyond the top, bottom, or side lines of the exterior surface to which it is mounted or attached. The dimensions of mounted or attached signs shall be included in measuring and calculating the maximum height, width, and length of a vending facility under Section 20.80.870.

b.

No sign shall revolve, rotate, move or create the illusion of movement, rotation, or revolution, or have any visible moving, revolving, or rotating surface parts.

c.

No sign shall be illuminated, directly or indirectly; but this restriction does not preclude the incidental illumination of such signs by service lighting needed in the conduct of nighttime operations.

d.

No signs shall emit or broadcast any sound, outcry, or noise.

20.

The vendor shall maintain the vending facility and the area around the vending facility in a clean and orderly manner that does not create a public or private nuisance. For purposes of this part, a "nuisance" shall mean any act or omission which obstructs or causes substantial inconvenience or damage to the public or any member thereof, in the course of, or by the manner of, the exercise of rights created by this title.

21.

Each vending facility shall display in a manner legible and visible to its clientele:

a.

The name and phone number of the vendor operating the vending facility;

b.

The number of the city business license issued to the vending facility; and

c.

The property owner's name and phone number.

22.

Each vendor shall have secured with the property owner of the site on which the vendor plans to operate, and prior to the commencement of any operation of the vendor, provision for all of the following services in a manner that comports with state and local laws and regulations, as the same may be amended from time to time:

a.

Refuse disposal and sufficient trash and recycling receptacles within the area of the vending;

b.

Litter removal within three hundred feet of the boundaries of the vending facility; and

c.

Access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets.

(Ords. 26248, 29254, 29678, 30857.)

An outdoor vending facility shall be used only for purposes that are permitted in a fixed-base use in the district in which the vending facility is located.

(Ord. 26248.)

Vending facilities shall not be permitted on vacant parcels or lots. Each vending facility shall be located on the same site as, and shall share support facilities, including parking, sanitary and trash disposal facilities, with a fixed-base host.

(Ord. 26248.)

The following standards shall be applied by the director, or by the planning commission on appeal, in granting an administrative permit for a vending facility. The director or planning commission may impose stricter standards as an exercise of discretion, upon a finding that stricter standards are reasonably necessary in order to implement the general intent of this part and the purposes of this title. The standards for vending facilities are set forth in Table 20-170:

(Ords. 26248, 30857.)

Detached displays of food, beverage, goods, wares, and merchandise and displays of such articles visible off-site shall not be allowed.

(Ord. 26248.)

All signs used in conjunction with any vending facility shall comply with the requirements of Title 23 and with the following requirements:

1.

Free-standing signs shall not be allowed.

2.

Signage shall be mounted or attached to the exterior surface of the vending facility and shall not extend beyond the top, bottom, or side lines of the exterior surface to which it is attached. Signage mounted or attached to the vending facility does not require a separate Sign Permit. Vending facility signage shall be approved with the Administrative Permit approving the vending facility.

3.

No sign shall revolve, rotate, move or create the illusion of movement, rotation or revolution, or have any visible moving, revolving or rotating surface parts.

4.

No sign shall be illuminated, directly or indirectly; but this restriction does not preclude the incidental illumination of such signs by service lighting needed in the conduct of nighttime operations.

5.

No signs shall emit or broadcast any sound, outcry, or noise.

(Ords. 26248, 30857.)

A.

The administrative permit shall be granted only if the director makes the following findings:

1.

The vending facility, as designed and at the location requested, will not create a potentially adverse impact on pedestrian or vehicular safety or interfere with or in any way impede on-site traffic circulation; and

2.

The location of a proposed vending facility is not in such close proximity to another such facility or facilities as to create or contribute to vehicle traffic congestion of the area which can result from compaction of such facilities; and

3.

The proposed vending facility will not impair the landscaping required for any concurrent use by this title or any permit issued pursuant thereto; and

4.

The proposed vending facility location must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable.

B.

The director shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ords. 26248, 30857.)

All outdoor vending facilities must comply with the following conditions:

A.

Vending facilities coming within the definition of "mobile food preparation unit," "vehicle," or "temporary food facility," as set forth in the Health and Safety Code of the State of California, Division 22, Chapter 4, Article 2, Sections 27526, 27538, and 27540, or their successor, shall, as a condition of approval for issuance of an Administrative Permit for outdoor vending facility, display at all times a current health permit issued to the vendor for the vending facility by the health officer of the County of Santa Clara.

B.

As a condition of approval of an administrative permit for a vending facility, the operator of such facility shall provide to the director of planning an agreement signed by the owner of the lot or parcel, or the owner or operator of the fixed base use, if different from the owner of the lot or parcel, to provide the support facilities required by this part.

C.

A vendor shall attend the vending facility at all times.

D.

The vendor shall maintain the area around the vending facility in a clean and orderly fashion.

E.

The vending facility shall be maintained in a manner which does not create a public or private nuisance. For purposes of this part, a nuisance shall mean any act or omission which obstructs or causes substantial inconvenience or damage to the public or any member thereof, in the course of, or by the manner of, the exercise of rights created by the grant of the administrative permit.

F.

Vending facilities shall be kept in a good state of repair and shall be maintained with surfaces which are clean and not cracked, peeling, or faded.

G.

Each vending facility shall display in a manner legible and visible to its clientele:

1.

The name and phone number of the vendor operating the vending facility;

2.

The administrative permit number and date of issuance issued to the vending facility; and

3.

The city business tax registration number issued to the vending facility.

H.

The hours of operation of a vending facility shall be limited to the hours of operation of the fixed-base businesses on the fixed-base host site; however, no vending facility shall operate during the hours from 10:00 p.m. through 6:00 a.m. During hours in which the fixed-base host site businesses are closed, the vending facility shall be removed from the parcel or lot on which it operates, or shall be stored indoors.

(Ords. 26248, 26455, 30857.)

This part regulates the conversion of previously permitted vehicular parking areas into areas designated for outdoor dining or other outdoor uses associated with an on-site business, including outdoor dining uses within 150 feet of residentially zoned property. The specific purposes of this part are to safeguard the urban environment by permitting such uses in a manner consistent with safe and efficient circulation of pedestrian and vehicles, protecting the safety of users of the outdoor areas and by protecting the integrity and character of the surrounding neighborhood, properties and uses.

(Ords. 30857, 31079.)

No person shall convert a previously permitted vehicular parking area into space designated for outdoor dining or other outdoor uses associated with an on-site use on any privately owned parcel or lot except in compliance with an administrative permit issued pursuant to this title.

(Ords. 30857, 31079.)

Nothing in this part shall regulate or prohibit the following uses:

1.

The conversion of existing parking to outdoor dining or other outdoor activity area may be allowed through a Permit Adjustment, pursuant to section 20.100.500.A.15. if the following requirements are met:

a.

Outdoor dining or other outdoor activity area does not affect on-site vehicular circulation.

b.

Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district, it shall conform to this Part except that the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet; and

c.

Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district, it shall conform to this Part except that the use shall not operate between the hours of 9:00 p.m. to 7:00 a.m. on Monday through Thursday, and 10:00 p.m. to 7:00 a.m. on Friday through Sunday.

2.

The conversion of existing parking to outdoor dining or other outdoor activity area that would not be in conformance with this Part may only be allowed through a Special Use Permit, pursuant to Chapter 20.100, Part 7.

(Ords. 30857, 31079.)

All conversions of parking to outdoor dining or other outdoor activity area must comply with the following conditions:

1.

Outdoor dining or other outdoor activity areas shall be designed to maintain necessary clearances for circulation and access to public right-of-way; and

2.

In areas no longer used for parking, wheel stops and striping shall be removed; and

3.

Circulation and drive aisles shall be modified as necessary to ensure continuous safe operation of the remaining parking and drive aisles; and

4.

Seating areas shall be differentiated from parking area through grade differentials (minimum 6 inches) or permanent barriers that are architecturally consistent with the site; and

5.

Driveways and curb cuts that are no longer utilized shall be removed; and

6.

Chain link fencing is prohibited; and

7.

Outdoor dining area or other outdoor activity areas must not have electrical cords that may cause injury; and

8.

The existing facility must meet on-site bicycle parking requirements per Chapter 20.90, Part 2.5; and

9.

A maximum of fifty (50) seats and 800 square feet may be allowed per establishment; and

10.

If the dining area or other outdoor activity area will include a temporary canopy larger than 700 square feet or a tent larger than 400 square feet in the outdoor dining area, it will also require a permit from the San José Fire Department; and

11.

For outdoor dining or other outdoor activity area outside of downtown that is within 150 feet of residentially zoned property, no amplified sound is allowed unless the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet. If the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet, amplified sound is permitted where it is not audible to adjacent sites; and

12.

For outdoor dining or other outdoor activity area that is not within 150 feet of a residential zoning district no amplified sound that is audible to adjacent sites with the exception of downtown. No amplified sound that is disturbing or unreasonably loud to persons on neighboring property shall be audible to adjacent sites in downtown; and

13.

The outdoor dining or other outdoor activity area shall not produce any noise that does not comply with the performance standards of the Zoning district it is situated within; and

14.

Outdoor dining or other outdoor activities shall not operate between the hours of 12:00 midnight and 6:00 a.m.; Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district the use shall not operate between the hours of 9:00 p.m. to 7:00 a.m. on Monday through Thursday, and 10:00 p.m. to 7:00 a.m. on Friday through Sunday; and

15.

The outdoor dining or other outdoor activity area is operated in a manner that does not create a private or public nuisance; and

16.

Project must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable.

(Ords. 30857, 31079.)

A.

A conditional use permit may be issued pursuant to the applicable provisions of this title for the off-sale of any alcoholic beverages only if the decision-making body first makes the following additional findings, where applicable:

1.

For such use at a location closer than five hundred feet from any other such use involving the off-sale of alcoholic beverages, situated either within or outside the city, that the proposed location of the off-sale alcohol use would not result in a total of more than four establishments that provide alcoholic beverages for off-site consumption within a one thousand foot radius from the proposed location.

2.

For such use at a location closer than five hundred feet from any other use involving the off-sale of alcoholic beverages, situated either within or outside the city, where the proposed location of the off-sale of alcoholic beverages use would result in a total of more than four establishments that provide alcoholic beverages for off-site consumption within a one thousand foot radius from the proposed location, that the resulting excess concentration of such uses will not:

a.

Adversely affect the peace, health, safety, morals, or welfare of persons residing or working in the surrounding area; or

b.

Impair the utility or value of property of other persons located in the vicinity of the area; or

c.

Be detrimental to public health, safety or general welfare.

3.

For such use at a location closer than five hundred feet from any child care center, public park, social service agency, residential care facility, residential service facility, elementary school, secondary school, college or university, or one hundred fifty feet from any residentially zoned property, that the building in which the proposed use is to be located is situated and oriented in such a manner that would not adversely affect such residential, child care center, public park, social service agency, residential care facility, residential service facility and/or school use.

B.

The off-sale of alcohol as incidental sales in conjunction with the sale of gift baskets, balloons and flowers is exempt from the requirement of a conditional use permit.

C.

Where a conditional use permit application requesting the off-premises sale of alcoholic beverages also would require a determination of public convenience and necessity under the provisions of Chapter 6.84 of Title 6 of this Code, and the planning commission cannot make the required findings under Section 6.84.030 of Chapter 6.84 of Title 6 of this Code, the planning commission shall make a report and recommendation to the city council on said conditional use permit application. In this instance, the city council shall be the initial and final decision-making body on said conditional use permit application.

D.

In the Downtown Primary Commercial Zoning District (DC), an Administrative Permit or a Special Use Permit may be issued for a taproom or tasting room with off-sale of alcohol either as a standalone use or in conjunction with an alcohol manufacturing site such as a winery, brewery, or distillery, pursuant to the regulations set forth in Part 5.75 of Chapter 20.80, and are not subject to the above conditional use permit requirements.

E.

In Commercial Zoning Districts (CP, CN, and CG), Urban Village (UV and UVC), Mixed Use (MUC, MUN, UR, and TR), and Industrial Zoning Districts (CIC, TEC, IP, HI, and LI), an Administrative Permit or a Special Use Permit may be issued for a taproom or tasting room with off-sale of alcohol in conjunction with a winery, brewery, or distillery, pursuant to the regulations set forth in Part 5.75 of Chapter 20.80, and are not subject to the above conditional use permit requirements.

(Ords. 26248, 27564, 29046, 30372, 30603.)

A.

No person shall place or operate or allow or suffer the placement or operation of any pay telephone which serves the members of the public on any privately owned parcel or lot that does not meet the criteria set forth in Table 20-180.

B.

A pay telephone which does not meet the criteria set forth in Table 20-180 may be approved with a special use permit issue pursuant to this title.

Table 20-180
Pay Telephone Criteria

(Ords. 26248, 26455.)

Any pay telephone for use by the general public existing on February 19, 2001, which does not conform to the provisions of this part, shall be regarded as a nonconforming use. Any such pay telephone existing on September 21, 2001 that does not conform to the additional provisions of this part that became effective on that date, regarding location of a public pay telephone on a wall containing a primary entrance and/or regarding a minimum five-foot pedestrian access between the public pay telephone and the private property line, shall be regarded as a nonconforming use. Such pay telephones shall abide by the provisions for amortization in Section 20.150.300 of this title.

(Ords. 26248, 26455.)

A.

No person shall operate or suffer or allow the operation of a payday lending establishment until such time as a zoning code verification certificate has been duly applied for and issued by the director pursuant to the provisions of Chapter 20.100 of this title applicable to zoning code verification certificates, which zoning code verification certificate confirms full conformance of a proposed payday lending establishment with all of the applicable locational siting and licensing requirements of this title. The application for such zoning code verification certificate shall be filed pursuant to the requirements and processes set forth in Chapter 20.100 applicable to zoning code verification certificates.

B.

A person intending to commence operation of a payday lending establishment at the same location occupied or previously occupied by a legally operating payday lending establishment may be issued a zoning code verification certificate without full conformance with the locational siting requirements of this title, so long as the prior payday lending establishment use has not been discontinued or abandoned for a period of six months or more.

(Ord. 29089.)

The location and operation of payday lending establishments shall be subject to and shall comply with all of the restrictions and conditions set forth in this section, in addition to those restrictions and conditions that may be imposed on a payday lending establishment under or pursuant to other provisions of the San José Municipal Code or other applicable state or local laws, regulations or policies. Anyone operating or allowing or suffering the operation of a payday lending establishment shall comply with, or shall cause the compliance with, all of the restrictions and conditions set forth in this section, in addition to those restrictions and conditions that may be imposed on a payday lending establishment under or pursuant to other provisions of the San José Municipal Code or other applicable state or local laws, regulations or policies.

A.

At the time of issuance of a zoning code verification certificate, no payday lending establishment shall be located within a census tract identified by the most recently available census data from the U.S. census bureau's American Community Survey as having a median household income below that defined by the U.S. department of housing and urban development as "very low income" for a two-person household ("very low income census tract") or closer than a minimum of one thousand three hundred twenty feet from the boundary of a very low income census tract, measured from the parcel line of the parcel on which the payday lending establishment is located.

B.

At the time of issuance of a zoning code verification certificate, no payday lending establishment shall be located on a parcel of real property that is closer than a minimum of one thousand three hundred twenty feet from any parcel on which another payday lending establishment is located, measured from the closest parcel lines of the respective parcels.

C.

A payday lending establishment shall hold, maintain and be in compliance with a valid license issued by the State of California under the California Deferred Deposit Transaction Law, as amended from time to time.

(Ord. 29089.)

No more than a maximum of thirty-nine payday lending establishments shall be sited in the city.

(Ord. 29089.)

A.

No person shall place or permit the placement, construction, or operation of any recycling facility, including a reverse vending machine, small collection facility, transfer facility, processing facility, or composting facility, without first obtaining a permit pursuant to the provisions set forth in this title.

B.

A PD zoning may expressly permit or prohibit recycling facilities. Where a PD zone does not specifically address such facilities but allows uses permitted in the CO, CP, CN, CG, LI, and/or HI zoning districts, a small collection facility may be permitted with an administrative permit in accordance with Chapter 20.100.

(Ord. 26248.)

A single administrative permit may be granted to allow more than one reverse vending machine or more than one small collection facility, even if located on different sites, but only if all of the following criteria and conditions are fully met:

A.

The operator of each of the proposed machines and/or facilities is the same;

B.

The real property owner of each of the proposed sites is the same;

C.

All of the applicable criteria and standards set forth in this part are met for each such proposed machine and/or facility; and

D.

The proposed machines and/or facilities are determined by the director to be similar in nature, size, and intensity of activity.

(Ords. 26248, 29265.)

At any given time, the maximum number of valid and unexpired administrative permits issued for unattended collection containers shall not exceed eighteen.

(Ord. 29265.)

An applicant shall declare, under penalty of perjury, that a recycling use subject to an administrative permit is and at all times will be maintained to conform with each and every one of the applicable criteria and standards set forth in Section 20.80.1130 below. An administrative permit shall not be issued unless all of the applicable criteria are met.

(Ord. 26248.)

A.

Each owner of a site on which a recycling facility is to be located and each operator of the recycling facility shall first obtain an administrative permit to allow that recycling facility to be located and operate on the site. Each owner of a site on which a recycling facility is allowed to be located with an administrative permit and each operator of the permitted recycling facility shall thereafter be required to ensure that the recycling facility meets all of the applicable criteria and standards listed below. Those recycling facilities permitted with a site development permit, special use permit, or conditional use permit shall meet the applicable criteria and standards listed below, provided that the director, planning commission, or city council, as the case may be, may relax such standards or impose stricter standards as set forth in that permit as an exercise of discretion, upon a finding that such modifications are reasonably necessary in order to implement the general intent of this part and the purposes of this title at a particular site. The criteria and standards for recycling facilities are as follows:

B.

Reverse vending machines.

1.

Shall be established only in conjunction with a fixed-base host business which is in compliance with all applicable provisions of the San José Municipal Code, including without limitation the zoning, building and fire codes of the City of San José;

2.

Shall be located within fifteen feet of a primary building entrance of the fixed-base host business and shall not obstruct pedestrian or vehicular circulation;

3.

Shall be constructed and maintained with durable waterproof and rustproof material, and shall be covered;

4.

Shall be clearly marked to identify the type of material to be deposited;

5.

Shall be allowed a maximum of four square feet of sign area, and all sign(s) shall be attached to the respective machine or facility;

6.

Shall, in the aggregate, number no more than three machines and/or facilities per fixed-base host business;

7.

Shall be no more than fifty cubic feet in bulk and no more than eight feet in height;

8.

Reverse vending machines located indoors do not require any permits under this title.

C.

Small collection facilities.

1.

A small collection facility shall be established only in conjunction with a fixed-base host business in compliance with all applicable provisions of the San José Municipal Code, including without limitation the zoning, building and fire codes of the City of San José;

2.

A small collection facility shall be operated and maintained as a facility for the deposit or drop-off of recyclable material;

3.

All containers of a small collection facility shall be constructed and maintained with durable, vector-resistant, watertight, waterproof and rustproof material, and shall be covered;

4.

The recycling containers of a small collection facility shall be kept clean and sanitary and shall be maintained in a manner that repels and keeps away flies, vermin, birds and rodents;

5.

The recycling containers of a small collection facility shall be maintained free of graffiti, and any graffiti shall be removed from such recycling containers on at least a daily basis;

6.

All containers of the small collection facility shall be clearly marked to identify the type of recyclable or recyclables which may be deposited;

7.

The small collection facility shall be clearly marked to identify the name and telephone number of the operator of the small collection facility and the owner of the site on which the small collection facility is located;

8.

The site on which the small collection facility is located shall be swept and maintained in a dust-free, litter-free condition on at least a daily basis;

9.

The small collection facility shall be placed and maintained on a site in compliance with the Americans with Disabilities Act and shall not obstruct on-site or off-site pedestrian or vehicular circulation;

10.

The small collection facility shall be set back at least ten feet from the nearest edge of any street right-of-way;

11.

The small collection facility shall not impair the landscaping required for any concurrent use of the site by this title or any permit issued pursuant thereto;

12.

The noise level created by the operation of the small collection facility shall not at any time exceed 55 dBA as measured at the property line of residentially zoned or occupied property and shall not exceed 70 dBA as measured at all other adjacent property lines of the site;

13.

The small collection facility shall not include power-driven sorting and/or consolidation equipment, such as crushers or balers; bulk reverse vending machines may be permitted;

14.

Signs may be provided on a small collection facility as follows:

a.

An unattended collection container not over fifty cubic feet in bulk and not over eight feet in height may have a maximum sign area of four square feet; and

b.

Other containers or units may have one flat-mounted sign per side of container or wall of enclosure of twenty percent of the surface of the side or six square feet, whichever is greater;

15.

The minimum average illumination of the portion of the site on which the small collection facility is located shall be one-half foot-candle;

16.

Use of the small collection facility for collection of solid waste or hazardous material, as defined in Sections 9.10.280 and 9.10.150 of Title 9 of this Code, is prohibited;

17.

The small collection facility shall be removed from site on the day following permit expiration;

18.

Attended small collection facilities shall be in operation only during those hours that the fixed-base host business is in operation;

19.

The small collection facility shall conform to all development regulations for the zoning district in which it is located; for an attended small collection facility, a minimum of one parking space per attendant shall be provided;

20.

The small collection facility shall be located in such a manner that any required parking for the fixed-base host business is not displaced;

21.

The permittee shall be responsible for the proper disposal of any hazardous material or other solid waste that is placed in the container or otherwise dropped off at the permittee's small collection facility;

22.

Unattended collection containers shall not be located within any applicable minimum setback areas required by this Code and shall be setback at least ten feet from any property line that abuts a public park or a public trail.

23.

The front of each unattended collection container shall conspicuously display all of the following:

a.

The name, address, telephone number, and, if available, the internet web address of the owner and operator of the unattended collection container.

b.

A statement, in at least two-inch typeface, that discloses whether the owner and/or operator of the unattended collection container is a nonprofit or for-profit organization. If the owner and operator is a for-profit organization, the statement shall read, "This collection box is owned and operated by a for-profit organization." If the owner and operator is a nonprofit organization, the statement shall read, "This collection box is owned and operated by a nonprofit organization." If the owner and operator are different entities, one a nonprofit organization and the other a for-profit organization, the statement shall identify the nonprofit or for-profit status of both the owner and the operator. For purposes of this section, a "nonprofit organization" means an organization that is exempt from taxation, pursuant to Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code. Further, for purposes of this section, a "commercial fundraiser," as defined in California Government Code Section 12599, as it may be amended, shall be classified as a for-profit organization.

c.

Any other statements or disclosures required under applicable State or Federal law including, but not limited to, California Welfare and Institutions Code Section 151, as it may be amended.

D.

Transfer facilities.

1.

Operations shall take place within a fully enclosed building or:

a.

Within an area enclosed by a solid wood or masonry fence at least six feet in height; and

b.

At least one hundred fifty feet from property planned, zoned or occupied for residential use;

2.

Setbacks from property lines shall be those provided for in the zoning district in which the facility is located, but if such setback is less than twenty-five feet, then the transfer facility shall be buffered by a landscape strip at least ten feet wide along each property line;

3.

If the transfer facility is located within five hundred feet of property planned, zoned or occupied for residential use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m.;

4.

Noise levels from transfer facility operations shall not exceed 55 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA as measured at all other adjacent property lines of the site;

5.

Sign criteria shall be those provided for the zoning district in which the transfer facility is located.

E.

Processing facilities.

1.

Operations shall take place within a fully enclosed building, or:

a.

Within an area enclosed by a solid wood or masonry fence at least six feet in height; and

b.

At least one hundred fifty feet from property planned, zoned or occupied for residential use;

2.

Setbacks from property lines shall be those provided for in the zoning district in which the processing facility is located, but if such setback is less than twenty-five feet, then the processing facility shall be buffered by a landscape strip at least ten feet wide along each property line;

3.

If the processing facility is located within five hundred feet of property planned, zoned or occupied for residential use, it shall not be in operation between the hours of 7:00 p.m. and 7:00 a.m.;

4.

Noise levels from processing facility operations shall not exceed 55 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA as measured at all other adjacent property lines of the site;

5.

Sign criteria shall be those provided for the zoning district in which the processing facility is located.

F.

Composting facilities.

1.

Setbacks of all outdoor uses including, but not limited to, compost heaps and structures, shall be those provided for in the zoning district in which the composting facility is located, but shall not be less than twenty-five feet;

2.

A landscape strip of at least fifteen feet in width shall be provided along all property lines;

3.

Noise levels of composting facility operations shall not exceed 55 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA as measured at all other adjacent property lines of the site;

4.

Sign criteria shall be those provided for in the zoning district in which the composting facility is located;

5.

Sufficient water shall be available on site to put out any fire which may occur;

6.

The stockpiling of composted material, and the composting and processing of such material, shall be accomplished in a manner which will protect the health and safety of all composting facility employees.

7.

Composting facilities where mixed waste is composted shall be enclosed by a solid wood or masonry fence. Sufficient slope shall be provided to allow the drainage of all water; and

8.

All composting facilities shall be maintained in a manner that repels and keeps away flies, vermin, birds and rodents (i.e., free of pests) and shall not constitute a nuisance in terms of odor or dust.

(Ords. 26248, 29265.)

The criteria provided in Section 20.80.1130 above shall be deemed conditions of any administrative permit or development permit for any recycling facility. It shall be unlawful to violate said criteria.

(Ord. 26248.)

The owner or operator of any recycling facility, small collection facility, transfer facility, or processing facility shall cause or ensure that, on at least a daily basis, any and all recyclable materials or refuse that have accumulated or are deposited outside the container, bins, or enclosures intended as receptacles for such materials are removed from the respective facility's location. Upon the failure to remove said materials from areas on the site that are visible to or open to the general public, the city may revoke any approvals issued by the city for the respective recycling facility, collection facility, transfer facility, or processing facility in the manner specified in this Code for such revocation.

(Ords. 26248, 29265.)

A.

No conditional use or planned development permit shall be issued for a relocated cardroom unless all of the following criteria are met:

1.

The lot or parcel to which a relocated cardroom proposes to relocate is not located closer than one hundred fifty feet from any lot or parcel, within our outside the city, situate in a residential district, or R-MH Mobilehome Park District, nor closer than five hundred feet from any school, college, university, or hospital location situate within or outside the city, nor closer than five hundred feet from another cardroom use, including without limitation another relocated cardroom, situate within or outside the city.

2.

The lot or parcel to which a relocated cardroom proposes to relocate meets all locational criteria applicable to that relocated cardroom that may be set forth in federal, state or local law, regulation, license or other approval.

B.

In addition to the zoning districts in which a relocated cardroom may be conditionally permitted with a conditional use permit, a relocated cardroom may be allowed in a planned development zoning district, subject to the requirements of that district and the issuance of a planned development permit in accordance with the provisions of Part 8 of Chapter 20.100 of this title.

C.

Permits and approvals issued under this title are intended to promote and further the purposes of this title as set forth in Section 20.10.020 of Chapter 20.10 of this title, whereas those provisions related to cardrooms set forth in Title 16 of this Code are intended to further the purposes set forth in Section 16.02.010 of Chapter 16.02 of Title 16 of this Code. This provision is declarative of existing law.

D.

In addition to the findings required for the issuance of a conditional use permit or a planned development permit set forth elsewhere in this title, no conditional use permit or planned development permit for a relocated cardroom shall be issued unless all of following additional findings, based upon substantial evidence in the record, are made:

1.

The granting of the development permit would not violate any city, state or federal law, regulation or written policy; and

2.

The existing operations of a cardroom that desires to obtain a development permit to be a relocated cardroom are in full compliance with all city laws, regulations, permits, approvals and written policies applicable to that existing cardroom as of the date of issuance of any development permit for a relocated cardroom; provided, however, that a determination of compliance with Title 16 of this Code shall mean and be limited to a determination that the existing cardroom possesses a current and valid cardroom permit under Title 16 of this Code; and

3.

The granting of the development permit would not violate any court order; and

4.

The location to which the relocated cardroom proposes to relocate meets the criteria of this part.

Notwithstanding the above provisions of this subsection, no conditional use permit or planned development permit issued to a relocated cardroom pursuant to the provisions of this title shall impose restrictions or conditions upon a relocated cardroom for reasons that are based upon the regulatory authorities and concerns addressed by Title 16 of this Code and that have no articulated land use implication, basis or impact.

E.

For the purpose of making a finding under Section 20.100.720A.1. of Chapter 20.100 of this title, or other similar finding required for a land use determination under another section of this title, there shall be a rebuttable presumption that a relocated cardroom that holds a current and valid cardroom permit issued pursuant to the provisions of Title 16 of this Code will not, solely due to its status as a cardroom use, adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area, nor impair the value of property of others located in the vicinity of the site, nor be detrimental to public health, safety or welfare. This provision shall not preclude a decision maker for a development permit or approval from finding that a relocated cardroom will adversely affect the peace, health, safety, morals or welfare of persons residing or working in the surrounding area of a relocated cardroom, or will impair the value of property of others located in the vicinity of the site, or will be detrimental to public health, safety or welfare, on grounds unrelated to and not based upon the mere status of the relocated cardroom use as a cardroom use.

F.

A determination of compliance with applicable laws, regulations, policies, permits, and other approvals made under this part shall be made only for the purposes of this part after review of information submitted for a development permit application. No such finding made under this part shall preclude a contrary finding from being made a future date or outside of the context of this part.

G.

Obtaining a development permit or other approval under the provisions of this title shall not be construed or deemed to be a license or permit to operate a relocated cardroom under the provisions of Title 16 of this Code or state or federal law nor in any way constitute a fulfillment of the requirement to obtain such an operational license or permit under Title 16 of this Code or under state or federal law.

(Ord. 28579.)

A.

Retail art studios are a permitted use in the CP, CN, CG, UVC, UV, MUC, MUN, UR, TR, MS-G, MS-C, DC and DC-NT1 districts only if all of the following criteria are met:

1.

The use is located on the ground floor of a building; and

2.

A maximum of one thousand five hundred square feet of the total floor area is devoted to manufacturing of artistic items, and shall be contiguous to the area of retail sales use; and

3.

A minimum of twenty percent of the total floor area shall be devoted to retail sales; and

4.

All activities, except for activities that conform to Section 20.40.520 or Section 20.75.320, shall be conducted in a fully enclosed building; and

5.

The use shall conform to all applicable building and fire code regulations of the City of San José.

B.

A retail art studio that does not conform to all of the requirements set forth in Section 20.80.1175 A. may be allowed through the approval of a special use permit.

(Ords. 28858, 30603.)

Notwithstanding anything in this title to the contrary, seasonal sales, including the sale of Halloween pumpkins and Christmas trees, may be held on lots in the CO, CP, CN, CG, UVC, UV, MUC, MUN, UR, TR, IP, LI, and HI zoning districts, as well as on lots zoned planned development where the permitted uses align with the permitted uses in the aforementioned lots. Such seasonal sales may also be held on property in any zoning district if such property is designated public/quasi-public on the land use/transportation diagram of the general plan and the property is currently being used for uses consistent with that designation.

(Ords. 26248, 30603.)

The following regulations shall apply to all seasonal outdoor Halloween pumpkin and Christmas tree sales lots:

A.

Seasonal outdoor Halloween pumpkin sales are allowed between October 1 and November 5, inclusive;

B.

Seasonal outdoor Christmas tree sales are allowed between November 6 and December 30, inclusive;

C.

Temporary structures and buildings one hundred twenty square feet or less in floor area are allowed if they are located at least twenty feet from any property line;

D.

Activity associated with seasonal outdoor Halloween pumpkin and Christmas tree sales may not be conducted on any portion of a lot which is closer than one hundred feet to any residentially used lot.

E.

Seasonal outdoor Halloween pumpkin and Christmas tree sales must occur in an area designated for such sale as set forth in any development permit issued for the site.

(Ords. 26248, 26455, 30603.)

A.

No conditional use permit may be issued for an SRO living unit facility or SRO residential hotel unless the following criteria are met:

B.

SRO living unit facility.

1.

Excluding the closet and the bathroom area, an SRO living unit must be a minimum of one hundred fifty (150) square feet in floor area. The average unit size in a living unit facility shall be no greater than two hundred seventy-five (275) square feet and no individual living unit may exceed four hundred (400) square feet.

2.

Each SRO living unit shall be designed to accommodate a maximum of two (2) persons.

3.

An SRO living unit is not required to but may contain partial or complete kitchen and bath facilities. If individual bath facilities are not provided, common bath facilities must be provided in accordance with Subsection B of Section 17.20.290 of Title 17 of the San José Municipal Code. If individual kitchen facilities are not provided, common kitchen facilities must be provided that adequately serve the residents of the SRO living unit facility. Additional requirements may be imposed by the planning commission.

4.

Individual SRO living units may not have separate external entryways.

5.

The SRO living unit facility must have a management plan approved by the department of housing.

6.

Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every twenty (20) units or fractional number thereof.

7.

A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold running water must be provided on each floor of the living unit building.

8.

The SRO living unit facility shall provide interior common space based on the unit size as follows:

An SRO living unit facility must provide at least two hundred (200) square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.

C.

SRO residential hotel:

1.

Excluding the closet and bathroom space, an SRO residential hotel unit must be at least seventy (70) square feet in floor area, and may have a maximum of two hundred nineteen (219) square feet in floor area.

2.

An SRO residential hotel room between seventy (70) and one hundred nineteen (119) square feet in floor area shall be designed to accommodate a maximum of one (1) person, and an SRO residential hotel room between one hundred twenty (120) and two hundred nineteen (219) square feet in floor area shall be designed to accommodate a maximum of two (2) persons.

3.

An SRO residential hotel unit may contain partial kitchen and bath facilities. If individual bath facilities are not provided, common bath facilities must be provided in accordance with Subsection B of Section 17.20.290 of Title 17 of the San José Municipal Code.

4.

Individual SRO residential hotel units may not have separate external entryways.

5.

The SRO residential hotel must have a management plan approved by the department of housing.

6.

A closet and designated storage space is required in every SRO residential hotel room.

7.

A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold running water must be provided on each floor of the residential hotel room.

8.

The SRO residential hotel shall provide a minimum two hundred (200) square feet of interior common area.

D.

Kitchen and bathroom facilities:

1.

For purposes of this section, a partial bathroom contains a water closet and sink which may be utilized for both hygiene and cooking purposes.

2.

A full kitchen contains all of the following: a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these facilities.

3.

The planning commission or the city council shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate that the project will comply with these criteria.

(Ord. 26248.)

An outdoor private property special event is a temporary outdoor use of private property that meets the criteria in either subsections A. or B. below.

A.

The outdoor private property special event will displace parking for the existing use or uses on the site.

B.

The outdoor private property special event requires a permit under the jurisdiction of any of the following agencies:

1.

San José Police Department;

2.

San José Fire Department; or

3.

California Department of Alcohol Beverage Control.

(Ords. 26248, 26455, 29218, 30857.)

Unless otherwise stated, the term "director" as used in this part shall mean the director of Office of Economic Development or the head or director of the department designated by the city manager to administer the provisions of this part.

(Ords. 26248, 30373.)

A.

No person shall operate or allow or suffer the operation of an outdoor private property special event except in compliance with an event permit issued pursuant to this part, or a special use permit, or a conditional use permit issued pursuant to Chapter 20.100 pursuant to the provisions of this part.

B.

Subject to the provisions of Subsection 20.80.1420.D below, an applicant for an outdoor private property special event that will not exceed thirty (30) consecutive days and forty-five (45) total days in any calendar year but does not meet the requirements for an event permit may apply for and shall be required to first obtain a special use permit issued pursuant to the provisions of Chapter 20.100.

C.

Subject to the provisions of Subsection 20.80.1420.D below, an applicant for an outdoor private property special event that will exceed thirty (30) consecutive days and forty-five (45) total days in any calendar year but does not meet the requirements for an event permit may apply for and shall be required to first obtain a conditional use permit issued pursuant to the provisions of Chapter 20.100.

D.

Notwithstanding the provisions of Subsections 20.80.1420.B and C above, an applicant for an outdoor private property special event of any length within the downtown core area may apply for and shall be required to first obtain an event permit issued pursuant to the provisions of this part when the outdoor event also is authorized to use outdoor public property as an integral component of the outdoor event and any one (1) of the following permits for the outdoor event have been issued by the city:

1.

A Paseo/Plaza Use Permit pursuant to the provisions of Chapter 13.22 of Title 13 of this Code; or

2.

A park use permit pursuant to the provisions of Chapter 13.44 of Title 13 of this Code; or

3.

A street closure permit pursuant to the provisions of Chapter 13.16 of Title 13 of this Code; or

4.

A parade permit pursuant to the provisions of Chapter 13.12 of Title 13 of this Code.

(Ords. 26248, 27441, 28449.)

Outdoor private property special events in residential zoning districts shall be permitted only at schools, church/religious assembly, or other lawful non-residential uses excluding vacant properties.

(Ords. 26248, 30373.)

An event permit for outdoor private property special events may be issued only if the following requirements are met:

1.

No more than twenty-six (26) outdoor private property special events may be held at the same location within a twelve (12) month period.

2.

Events shall not occur for more than four (4) consecutive days per event in a one-week period.

3.

Residential Dwelling Unit Adjacency Considerations

a.

All outdoor private property special events in a residential district, other than at a school or church/religious assembly use, shall be located at least fifty (50) feet from the nearest residential dwelling structure.

b.

All outdoor private property special events in a commercial or industrial zoned area, except in the downtown core, shall be located at least fifty (50) feet from any residential dwelling structure, except when the outdoor private property special event falls within a designated Urban Village or Neighborhood Business District designated within the Envision San José 2040 General Plan or within the Mixed-use Commercial zoning district.

c.

The outdoor private property special event adjacent to residential dwellings, except within the downtown core or at school or church/religious assembly use, shall occur only on Thursday, Fridays and/or Saturdays between the hours of 9:00 a.m. and 10:00 p.m. and/or Sundays between the hours of 9:00 a.m. and 9:00 p.m.

(Ords. 26248, 30373.)

Editor's note— Ord. 31254, § 2, adopted Nov. 4, 2025, repealed § 20.80.1460, which pertained to event permits for outdoor private property special events in commercial zoning districts and derived from Ords. 26248, 30373.

Editor's note— Ord. 31254, § 3, adopted Nov. 4, 2025, repealed § 20.80.1470, which pertained to event permits for outdoor private property special events in industrial or manufacturing zoning districts and derived from Ords. 26248, 30373.

Editor's note— Ord. 31254, § 4, adopted Nov. 4, 2025, repealed § 20.80.1480, which pertained to event permit parking limitations and derived from Ords. 26248, 30857.

The director is authorized to issue written regulations consistent with the provisions of this part.

(Ord. 26248.)

A.

The application for an event permit may be filed by the event organizer and shall be countersigned by the owner of the lot(s) or parcel(s), designated as the outdoor private property special event venue or by the owner's authorized agent.

B.

The event permit application shall be on a form provided by the director.

C.

The event permit application shall be submitted with the event permit fee as set forth in the schedule of fees established by council resolution.

(Ord. 26248.)

A.

The director shall issue event permits to applicants who comply with the permit application procedure and requirements set forth in this part and who agree to comply with the regulations and event permit conditions.

B.

The director is authorized to attach reasonable time, place and manner conditions, consistent with this part and regulations, to the issuance of any event permit.

C.

The director shall issue the permit or deny the application within forty-five (45) days of receipt of the event permit application.

D.

The director's decision to deny an event permit application shall be in writing and shall be mailed to the outdoor private property special event applicant at the address on the application.

E.

If the director denies the event permit application, the outdoor private property special event applicant may alternatively seek either a special use permit or conditional use permit, as may be applicable.

(Ords. 26248, 30373.)

A.

No event permit for a outdoor private property special event shall be issued unless the following conditions have been met and the applicant agrees in writing to comply with these conditions:

1.

All amusement rides, booths, tents and equipment shall be located at least twenty (20) feet from all frontage streets.

2.

The outdoor private property special event venue shall have direct vehicular access from a public street.

3.

The size, configuration and location of the outdoor private property special event venue shall be suitable for the proposed number of attendees taking into account other events which are scheduled to occur during the same time period at locations in proximity to the proposed site for the outdoor private property special event.

4.

The outdoor private property special event applicant has made provision for each of the following:

a.

refuse disposal and sufficient trash receptacles within the event site;

b.

litter removal within a three hundred foot radius of the boundaries of the event site;

c.

scheduled maintenance of the outdoor private property special event venue during the course of the event, including removal of animal waste, if applicable;

d.

sanitary facilities, including adequate restrooms and/or portable toilets.

5.

The San José police department has approved the applicant's security and traffic plans, if applicable. The thresholds for requiring either a security or traffic plan or both shall be set forth in the regulations issued pursuant to this part.

6.

The applicant shall be responsible for reimbursing the city for the direct cost of police services in the event that the outdoor private property special event requires extra police services in addition to the regular patrol services provided in the police district in which the outdoor private property special event site is located. The criteria for assessing whether the outdoor private property special event will necessitate additional police services shall be set out in the regulations issued pursuant to this part.

7.

The applicant shall be responsible for reimbursing the city for the direct cost of litter removal within a three hundred foot radius of the boundaries of the event site in the event that the applicant fails to comply with this requirement.

8.

The San José fire department has approved applicant's plans for fire control devices, tents and canopies, cooking equipment, pyrotechnics and emergency vehicle access, if applicable.

9.

The California Department of Alcohol Beverage Control has issued a permit for the sale of alcohol or the applicant has certified that the sale of alcohol will not occur.

10.

The applicant will provide written notification of the outdoor private property special event, including time, date and description of activities to property owners within three hundred (300) feet of the outdoor private property special event site at least fourteen (14) days in advance of the first day of the event. An event permit holder who is issued a permit fewer than fourteen (14) days in advance of the first day of the event shall provide the required notice within twenty-four (24) hours following the issuance of the permit but no later than two (2) business days in advance of the first day of the event.

11.

Project must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable.

B.

The issuance of either a conditional use permit or a special use permit for an outdoor private property special event shall be subject to the conditions set forth in Subsection A.1. through A.9. of this section.

(Ords. 26248, 30857.)

A.

Any outdoor private property special event permitted by this part shall be conducted in full compliance with all local and state laws.

B.

The outdoor private property special event shall not be conducted in such a manner as to cause a nuisance as defined by Section 20.200.810 of this Code.

(Ord. 26248.)

Both the event permit holder and the property owner are responsible to pursue full compliance with the event permit and with any and all conditions imposed on the event permit.

(Ord. 26248.)

The director may revoke a event permit for any of the following grounds:

1.

Fraud, misrepresentation or false statement contained in the application for the event permit or in the carrying out of the outdoor private property special event in a way not consistent with the application;

2.

Failure to comply with the provisions of this chapter or the regulations; or

3.

Failure to comply with the conditions set forth in the event permit.

(Ord. 26248.)

A.

The director shall notify an event permit holder, in writing, of the director's decision to revoke an event permit, if the revocation is prior to the date of the proposed activity.

B.

The notice of decision shall state the grounds for revocation of the event permit and shall notify the event permit holder of the hearing opportunity pursuant to Section 20.80.1570.

C.

If the notice of decision to revoke or deny an event permit is issued less than twenty (20) business days, but more than three (3) business days prior to the proposed event, the request for hearing must be received by the director no later than the end of the second business day after delivery of the notice of decision to the event permit holder.

D.

If the notice of decision to revoke an event permit is issued three (3) or fewer business days prior to the proposed activity, the notice of decision shall also notify the event permit holder of the time, date and location of the hearing.

E.

If the notice of decision to revoke an event permit is issued more than twenty (20) business days prior to the proposed activity, a written request for hearing must be received by the director no later than five (5) business days after the date of the notice of decision.

F.

The notice of decision shall become final, unless a written request for hearing is received within the time limits set forth in this section.

(Ord. 26248.)

A.

Upon receipt of a timely written request for a hearing on a notice of decision to revoke an event permit, the director shall schedule a hearing. The director promptly shall notify the event permit holder of the hearing date, time and location.

B.

The hearing with the director shall be held within the following time frames:

1.

Five (5) business days after receipt of the request for hearing, if the proposed activity is to occur more than twenty (20) business days after timely receipt of the request for hearing; or

2.

No more than two (2) business days after receipt of the request for hearing, if the proposed event is to occur less than twenty (20) business days but more than three (3) business days after timely receipt of the request for hearing;

3.

If the proposed event is to occur three (3) or fewer business days after the director's issuance of the notice of decision, the notice of decision shall also state the time, date and location of the hearing. When reasonably possible, the hearing shall occur at least twenty-four (24) hours prior to the proposed event. The director, when reasonably possible, shall also provide the event permit holder at least twenty-four (24) hours advance notice of the hearing.

C.

At the hearing, the event permit holder may present any relevant evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. The event permit holder may be represented by any person.

D.

If the proposed event is to occur three (3) or fewer business days from the date of the hearing, the director shall give a decision sustaining, reversing or modifying the decision to revoke the event permit upon concluding the hearing. The decision may be given orally. A written notice of final decision shall be hand delivered or sent by mail to the event permit holder no later than twenty-four (24) hours following conclusion of the hearing.

E.

If the proposed event is to occur three (3) or more business days from the date of the hearing, the director shall give a decision sustaining, reversing or modifying the decision to revoke the event permit no later than three (3) business days following the hearing date or twenty-four (24) hours in advance of the proposed event. The written notice of final decision shall be hand delivered or sent by mail to the event permit holder.

F.

The decision of the director shall be final.

(Ord. 26248.)

A.

Any event permit may be revoked on the day of the permitted event without prior written notice and without a hearing, if either the city council, the city manager, the director, the fire chief or the chief of police determines that:

1.

revocation is in the interest of the immediate public health or safety because of fire, casualty, act of God or a public emergency; or

2.

the permittee is in violation of the provisions of the part, the regulations, or the terms of the event permit.

B.

The event permittee immediately upon receipt of the notification the event permit has been revoked shall cease the conduct of the event and shall commence with restoring the permit site to its condition prior to the commencement of the event.

(Ord. 26248.)

The following definitions are for purposes of this Part:

1.

"Assembly Building" means a Building that is primarily used for Assembly Use.

2.

"Assembly Use" means a use involving the gathering of persons to participate in a group or common activity or to observe a presentation, performance, or exhibition.

3.

"Incidental Shelter" means the providing of shelter of homeless people as an incidental use to an existing primary Assembly Use provided that the incidental use occupies less than fifty (50%) percent of the usable square footage of the Assembly Building(s), and the shelter is provided inside existing Building(s) that are constructed and operating in compliance with the San José Municipal Code. Incidental Shelter is not an Emergency Residential Shelter.

4.

"Place of Assembly" means a Site that contains Assembly Uses including but not limited to religious assemblies, gymnasiums, libraries, theaters, schools, and community centers.

(Ord. 29976.)

A.

An Assembly Use that is a legal use may provide Incidental Shelter to homeless persons:

1.

If specifically allowed by a conditional use permit or Planned Development permit issued for the Assembly Use; or

2.

With an amendment to an existing conditional use permit or Planned Development permit for Assembly Use; or

3.

With a special use permit if no conditional use permit or Planned Development permit is required for the Assembly Use.

B.

A management plan shall be submitted as part of any permit application for Incidental Shelter in Assembly Building(s).

(Ord. 29976.)

A.

The Director or Planning Commission may issue a special use permit only after finding that:

1.

The Incidental Shelter use at the location requested will not adversely affect the health, safety, or welfare of persons residing or working in the surrounding area.

2.

The proposed site is adequate in size and shape to accommodate the Incidental Shelter use.

B.

The application shall be denied where the information which is either submitted by the applicant or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ord. 29976.)

An Assembly Use that is a legal use may provide Incidental Shelter to homeless persons subject to each of the following limitations:

1.

Assembly Buildings may be used as Incidental Shelter on a legal Parcel that is at least three thousand (3,000) square feet in size.

2.

Assembly Buildings may provide Incidental Shelter to no more than fifty (50) persons in one twenty-four (24) hour period.

3.

At no time shall the number of persons sheltered in any Assembly Buildings exceed the maximum square footage and occupancy standards set forth in Title 17 of this Code.

4.

No Assembly Building or other Structure shall be erected, enlarged or modified without an approved Development Permit as required by Chapter 20.100 of this Title.

5.

All persons receiving Incidental Shelter shall sleep and eat within Assembly Buildings. No person shall eat or be housed in tents, lean-tos or other temporary facilities.

6.

The proposed Incidental Shelter shall be operated in a manner that is fully in conformance with all State and local laws including regulations and permit requirements which are not otherwise in conflict with the provisions of this Part.

7.

The Incidental Shelter use shall comply with the requirements of Section 20.80.1610 or Section 20.80.1640.

(Ord. 29976.)

Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, no conditional use permit or special use permit shall be required for any Incidental Shelter use that meets and remains in full compliance with all of the following requirements:

1.

The maximum occupancy for any Incidental Shelter use shall be fifty (50) persons or as set forth by the City's Fire Code, whichever is more restrictive.

2.

The Incidental Shelter use shall be allowed on a legal Parcel that is at least three thousand (3,000) square feet in size.

3.

The Incidental Shelter use shall be located on a Site that has a Frontage and legal access to the Parcel where Incidental Shelter is provided.

4.

The Parcel containing the Incidental Shelter use shall be located within the City's Urban Service Area.

5.

The Incidental Shelter use shall not be located closer than a minimum distance of five hundred (500) feet from any Parcel on which another Incidental Shelter use exists, where the distance between the Parcels is measured from the nearest Parcel line to the nearest Parcel line.

6.

The portion of a Building containing the Incidental Shelter use shall not be located at a distance closer than a minimum of one hundred and fifty (150) feet from any residential use that is located on another Parcel, measured from the nearest Building wall containing the Incidental Shelter use to the nearest Parcel line of a Parcel containing a residential use.

7.

The Parcel containing the Incidental Shelter use shall comply with City Council Policy Number 4-3 on Outdoor Lighting for Private Developments, as may be amended from time to time.

8.

Any Development Permit requirement associated with interior or exterior modifications for the Building containing the Incidental Shelter shall not be waived by this Section.

9.

Incidental Shelter uses shall be registered with the Housing Department, on such forms as may be approved by the Director of Housing.

10.

Facilities containing Incidental Shelter uses shall be inspected for occupancy compliance with the Fire Code.

11.

Quiet hours on any Parcel containing an Incidental Shelter use shall be maintained between 10:00 p.m. and 7:00 a.m., seven (7) days a week, 365 days a year. Quiet hours do not preclude outdoor activities, such as smoking in designated outdoor areas or exiting the Site.

12.

Any Site containing an Incidental Shelter use including public access and parking shall be maintained in a clean and safe condition, and in compliance with a management plan that is completed as part of registration with the Housing Department.

13.

The Incidental Shelter Use shall comply with the requirements of Section 20.80.1630.

(Ord. 29976.)

A.

Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, any Assembly Use that is a legal use may provide temporary shelter to homeless persons subject to each of the following limitations:

1.

An Assembly Use may provide temporary shelter to no more than thirty (30) persons in one twenty-four (24) hour period.

2.

An Assembly Use may provide temporary shelter up to two (2) times in a calendar year. The total amount of days for such shelter may not exceed ninety (90) days in any calendar year.

3.

At no time shall the number of persons sheltered in any Assembly Buildings exceed the maximum square footage and occupancy standards set forth in Title 17 of this Code.

4.

No Assembly Building or other Structure shall be erected, enlarged or modified without an approved Development Permit as required by Chapter 20.100 of this Title.

5.

All persons receiving temporary shelter shall sleep and eat within Assembly Buildings. No person shall eat or be housed in tents, lean-tos or other temporary facilities.

6.

The temporary shelter shall be operated in a manner that is fully in conformance with all State and local laws including regulations and permit requirements which are not otherwise in conflict with the provisions of this Part.

7.

An Assembly Use providing temporary shelter shall be registered with the Housing Department, on such forms as may be approved by the Director of Housing.

B.

Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, any Assembly Use that provided temporary shelter to the homeless consistent with the terms of Ordinance No. 29663 during the period between June 30, 2017 and the effective date of this Ordinance shall be deemed to have been in compliance with this Part during that period.

C.

For illustrative purposes only, below is a table comparing the significant features of temporary shelter to incidental shelter:

(Ord. 29976.)

The following definitions are for purposes of this Part:

1.

"Assembly Building" means a Building that is primarily used for Assembly Use.

2.

"Assembly Use" means a use involving the gathering of persons to participate in a group or common activity or to observe a presentation, performance, or exhibition.

3.

"Incidental Safe Parking" means the providing of shelter of homeless people as an incidental use to an existing primary Assembly Use or another use identified in this Part provided that the safe parking use occupies less than fifty (50%) percent of the paved square footage of the Site, and where the shelter is provided in vehicles located in designated paved "Safe Parking Area(s)."

4.

"Place of Assembly" means a Site that contains Assembly Uses including but not limited to religious assemblies, gymnasiums, libraries, theaters, schools, and community centers.

5.

"Safe Parking Area" means the paved area(s) where the vehicles are parked for the Incidental Safe Parking use.

(Ord. 30226.)

A.

An Assembly Use may provide Incidental Safe Parking to homeless persons in compliance with Section 20.80.1680 and will not need to amend their current permit or obtain a new permit.

B.

If a legal Assembly Use does not comply with Section 20.80.1680, Incidental Safe Parking may only be provided if:

1.

The use is specifically allowed by a conditional use permit or Planned Development permit issued for the Assembly Use; or

2.

With an amendment to an existing conditional use permit or Planned Development permit for Assembly Use; or

3.

With a special use permit if no conditional use permit or Planned Development permit is required for the Assembly Use.

C.

A management plan shall be submitted as part of any permit application for Incidental Safe Parking on Assembly Building site(s).

(Ord. 30226.)

A.

The Director or Planning Commission may issue a special use permit only after finding that:

1.

The Incidental Safe Parking use at the location requested will not adversely affect the health, safety, or welfare of persons residing or working in the surrounding area.

2.

The proposed Site is adequate in size and shape to accommodate the Incidental Safe Parking use.

B.

The application shall be denied where the information which is either submitted by the applicant or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ord. 30226.)

An Assembly Use that is a legal use may provide Incidental Safe Parking to homeless persons subject to each of the following limitations:

A.

Incidental Safe Parking use may be allowed on a legal Parcel that is at least three thousand (3,000) square feet in size.

B.

No Assembly Building or other Structure shall be erected, enlarged or modified without an approved Development Permit as required by Chapter 20.100 of this Title.

C.

All persons receiving Incidental Safe Parking shall shelter within the vehicles, except as otherwise provided in the approved management plan that is completed as part of registration with the Housing Department. No person shall be housed in tents, lean-tos or other temporary facilities.

D.

No site shall be enlarged or modified for Incidental Safe Parking use without an approved Development Permit as required by Chapter 20.100 of this Title.

E.

The Incidental Safe Parking use shall be operated in a manner that is fully in conformance with all State and local laws including regulations and permit requirements which are not otherwise in conflict with the provisions of this Part.

F.

The Incidental Safe Parking use shall also comply with the requirements of Section 20.80.1665 or Section 20.80.1680.

G.

During weekdays, vehicles using the Incidental Safe Parking use shall arrive after 7:00 p.m. and depart before 10:00 a.m.

H.

No fires of any kind shall be permitted.

I.

No audio, video or other amplified sound may be played or generated that is audible outside participants' vehicles.

J.

Camping tarps or equipment erected beyond the participant's vehicle are prohibited.

K.

A restroom or portable toilet, water, refuse disposal, and sufficient trash and recycling receptacles shall be provided for the participants.

(Ord. 30226.)

Notwithstanding Sections 20.80.1665 and 20.80.1670 of this Part, no conditional use permit or special use permit shall be required for any Safe Parking use that meets and remains in full compliance with all of the following requirements:

A.

The Parcel containing the Incidental Safe Parking Area shall be located within the City's Urban Service Area.

B.

The boundary of the Incidental Safe Parking Area shall be at least five (5) feet from any exterior property line.

C.

The Incidental Safe Parking Area shall not be located at a distance closer than the following minimum setback distances from any residential use that is located on another Parcel, measured from the nearest point on the boundary of Incidental Safe Parking Area to the dwelling structure:

i.

Thirty-five (35) feet from the first story of an occupied dwelling structure where the adjacent residential use is separated by a solid six-foot tall or greater sound barrier with no adjacent second-story residential facades. To be effective, a noise barrier must be solid over the face and at the base of the barrier (i.e., no cracks or gaps), and be constructed from materials having a minimum surface weight of three pounds per square foot (3 lbs./sq. ft). One-inch (nominal thickness) wood fence boards are suitable as well as concrete or masonry block.

ii.

Sixty-five (65) feet from a single-story occupied structure where no sound barrier exists.

iii.

Sixty-five (65) feet from a second-story of an occupied dwelling structure.

iv.

Five feet (5) from an Accessory Dwelling Unit or Secondary Unit, where no openings on the nearest building wall exist.

D.

The Parcel containing the Incidental Safe Parking use shall comply with City Council Policy Number 4-3 on Outdoor Lighting for Private Developments, as may be amended from time to time.

E.

Incidental Safe Parking uses shall be registered with the Housing Department and periodically update registration, on such forms as may be approved by the Director of Housing.

F.

Sites containing Incidental Safe Parking uses shall be inspected for compliance with the Fire Code and Housing Department requirements.

G.

Quiet hours on any Parcel containing an Incidental Safe Parking use shall be maintained between 10:00 p.m. and 7:00 a.m., seven (7) days a week, 365 days a year. Quiet hours do not preclude outdoor activities, such as smoking in designated outdoor areas or exiting the Site.

H.

Any Site containing an Incidental Safe Parking use including public access and parking shall be maintained in a clean and safe condition, and in compliance with a management plan that is completed as part of registration with the Housing Department.

I.

Incidental Safe Parking use shall comply with the requirements of Section 20.80.1675.

J.

The operator shall work with any neighbor(s) to address impacts that the use may have on the neighboring community. The Management Plan shall require that a contact number be posted in plain view, timely responses be made, and a log of complaints, and responses to those complaints be maintained.

(Ords. 30226, 30283.)

Notwithstanding this Part, an Incidental Safe Parking use may be provided on a Parcel owned or leased by the City, provided that the Safe Parking Area(s) shall include no more than 49% of the paved area.

(Ord. 30226.)

A.

Council Policy 6-16 (Uses of Public Property) and Chapter 6.46 of Title 6 of this Code (regulating Mobilehomes and Mobilehome Parks) shall not apply to Incidental Safe Parking.

B.

Incidental Safe Parking use is exempt from maximum exterior noise level of 55 dB, measured at the property line adjacent to a property used or zoned for residential purposes.

(Ords. 30226, 30283.)

This part is to allow temporary trailers to be used only for the following purposes:

A.

The continuation of a commercial, industrial or manufacturing business while a primary structure is undergoing alteration or restoration; and

B.

The temporary erection of antennas mounted on trailers for short term operation while permitted alterations of existing wireless communication antennas are being constructed or for short term testing of coverage for wireless communication systems.

(Ords. 26248, 29364, 30603.)

The following definitions are for purposes of this part:

A.

"Primary structure" means an existing building in which a principal permitted commercial, industrial or manufacturing use has been conducted and as to which an applicant for a permit under this part has demonstrated a need for retrofit, restoration or other such work.

B.

"Temporary use trailer" means a trailer, modular unit or other moveable prefabricated structure which is 2,000 (two thousand) square feet or less in floor area.

C.

"Temporary antenna trailer" means a temporary, portable antenna, along with attendant cabinets and other equipment, mounted on a trailer that is licensed by the California Department of Motor Vehicles and is capable of towing by a single axle pickup truck.

(Ords. 26248, 30603.)

No temporary use trailer or temporary antenna trailer shall be used on any property unless:

A.

The property is located in a commercial zoning district, in an urban village or mixed use zoning district, in an industrial zoning district, or those planned development zoning districts which permit uses in the commercial or industrial districts; and

B.

The property owner has obtained a valid permit issued in conformance with this part.

(Ords. 26248, 30603.)

A.

A temporary use trailer for use as a replacement structure during retrofit, restoration or other such work on a primary structure requires one of the following permits:

1.

An administrative permit, as provided in Chapter 20.100 of this title, and in conformance with the requirements of this section and Section 20.80.1740; or

2.

In the event the owner cannot meet the requirements of this part or the director denies an administrative permit, a special use permit, as provided in Chapter 20.100.

B.

All applications for a permit for a temporary use trailer shall set forth facts demonstrating to the satisfaction of the director the need to use a temporary use trailer to continue to conduct a commercial, industrial, or manufacturing use, which was in compliance with this title, at a primary structure located on the same lot for which the permit is being requested and in order to accomplish one or more of the following:

1.

Retrofit for seismic safety;

2.

Restoration of the primary structure necessitated by the total or partial destruction or damage of the structure by catastrophic event or sudden cause;

3.

Modification of the primary structure, or of equipment or processes at the facility, that requires on-site workers to vacate the primary structure while work is undertaken; or

4.

Other such work determined by the director to be in the interest of public health and safety.

C.

All applications shall demonstrate that the proposed temporary use trailer shall be maintained in conformance with the provisions of Section 20.80.1740.

D.

Upon a determination that the application meets the requirements of this part, the director may issue the administrative permit.

(Ords. 26248, 29011, 30603.)

The use of any temporary use trailer shall be in accordance with all of the following conditions:

A.

The use of the temporary use trailer may be permitted for up to one year, and renewed for one additional year at the discretion of the Director.

B.

No more than one temporary use trailer per lot shall be permitted at any given time, except that in the case where temporary use trailers are being used to temporarily house on-site workers displaced from the primary structure due to temporary construction activities under the provisions of Section 20.80.1730 B.3., additional temporary use trailers may be permitted as needed to temporarily house those displaced workers provided that each and all of the temporary use trailers do not conflict with applicable development standards including without limitation setback and parking requirements.

C.

Temporary use trailers shall be located a minimum of fifteen feet from the front property line.

D.

No temporary use trailer shall be used in such a manner that circulation aisles are blocked.

E.

The minimum number of required off-street parking spaces for the site shall be calculated according to the provisions of Chapter 20.90 based upon the cumulative square footage of temporary use trailers and any remaining useable space in the primary structure.

F.

Not more than one sign shall be permitted per lot. Such sign shall be attached to the trailer and shall not exceed six square feet in area.

G.

The hours of operation shall be the same as for the preexisting use in the primary structure.

H.

Nothing herein excuses full compliance with the provisions of Section 20.150.020 of this title.

I.

The temporary use trailer shall comply with all applicable building and fire safety standards.

J.

All necessary city permits, in addition to those required by this part, shall be obtained prior to installation of the temporary use trailer.

K.

The temporary use trailer shall be removed and the construction site shall be cleared of all debris upon completion of the retrofit, reconstruction or other work on the primary structure or upon revocation or expiration of the administrative or special use permit, whichever occurs first.

L.

No certificate of occupancy, as provided for in Section 307 of the building code, shall be issued for the primary structure until after the temporary use trailer has been completely removed from the lot and all utilities have been disconnected from the temporary use trailer in a safe manner.

M.

Revocation of any permit issued hereunder shall be in accordance with the provisions of this title which are applicable to the type of permit issued.

(Ords. 26248, 29011, 30603.)

A.

A temporary antenna trailer for the testing of a wireless communication network requires the following permit:

1.

An administrative permit, as provided in Chapter 20.100 of this title, and in conformance with the requirements of this section and Section 20.80.1760; or

2.

In the event the owner cannot meet the requirements of this part or the director denies an administrative permit, a special use permit, as provided in Chapter 20.100.

B.

All applications for permit for a temporary antenna trailer shall set forth facts demonstrating to the satisfaction of the director that the temporary antenna trailer will be used to determine if the site is necessary for a wireless communications network.

C.

All applications shall demonstrate that the proposed temporary antenna trailer shall be maintained in conformance with the provisions of Section 20.80.1760.

(Ords. 26248, 26455, 29364, 30603.)

The use of a temporary antenna trailer shall be in accordance with all of the following conditions:

A.

The temporary antenna trailer shall not exceed forty-five feet in height, or the maximum height of the zoning district, whichever is less; and

B.

The temporary antenna trailer shall operate for no more than one year at the site if for testing purposes; and

C.

If not for testing purposes the temporary antenna trailer shall operate for no longer than the duration of constructing permitted alterations of existing wireless communication antennas; and

D.

No temporary antenna trailer, for testing purposes, shall have operated within two thousand feet of the proposed site in the previous two years; and

E.

The issuance of the administrative permit is intended only for the temporary operation while permitted alterations of existing wireless communication antennas are being constructed or for the temporary testing of operation or design of the wireless communications network and the approval of such a temporary antenna trailer shall not serve as a justification or basis for future approvals of wireless communication antennas on the site; and

F.

No more than one temporary antenna trailer per site may be permitted at any given time; and

G.

The temporary antenna trailer shall be located a minimum of fifty feet from the property line; and

H.

No temporary antenna trailer shall block any circulation aisles; and

I.

The temporary antenna trailer shall comply with all applicable building and fire safety standards; and

J.

All necessary permits shall be obtained prior to installation of the temporary antenna trailer; and

K.

Revocation of any permit issued hereunder shall be in accordance with the provisions of this title which are applicable to the type of permit issued.

(Ords. 26248, 29364, 30603.)

A.

No provider may construct a utility structure except within a private, public utility or public service easement and pursuant to an administrative permit issued pursuant to Chapter 20.100 of this title, a conditional use permit pursuant to Chapter 20.100 of this title or a development permit pursuant to subsection B.

B.

If a property owner requires installation of a utility structure as the result of property development requiring a development permit pursuant to Chapter 20.100, the location and placement of any utility structure shall be addressed as part of the development permit and is not subject to requirements of this part.

C.

The replacement of any existing utility structure is not subject to the requirements of this part if:

1.

The cubic volume of the replacement utility structure is no more than twenty percent greater than the existing utility structure; and

2.

The replacement utility structure does not contain any power generating equipment.

(Ord. 26248.)

All utility structures shall conform to all of the applicable minimum criteria:

1.

Utility structures shall be located in a private, public utility, or public service easement.

2.

Sight lines shall remain unobstructed at intersections or driveways consistent with the Caltrans Traffic Safety Manual on file with the director of public works.

3.

Utility structures shall be enclosed or screened, to the extent possible, to match existing fencing, screening, or landscaping.

4.

Utility structures shall be constructed and treated with appropriate materials which discourage or repel graffiti.

5.

Utility structures shall be sited to avoid impacts on ordinance sized trees.

6.

No utility structure shall exceed one hundred ten cubic feet or a maximum height of five and one-half feet above grade, exclusive of meter panels or pedestals.

(Ord. 26248.)

A.

Utility structures located on property zoned or used for R-1 single-family residential uses shall conform to the following additional criteria:

1.

Utility structures shall maintain a minimum sixty feet setback from the front property line; and

2.

Utility structures shall not be located in the front setback; and

3.

Utility structures may be located in side setback areas or along a back fence if the backyard is along a major street;

4.

Utility structures shall maintain a minimum five-foot setback from the side property line or be located as closely as possible to an existing fence, whichever is less; and

5.

Utility structures shall not be located within six feet of a residential structure as measured from the wall of the residential structure.

6.

Utility structures must serve the immediate residential area in which it is located; and

7.

A three hundred-foot separation shall be maintained between all utility structures located on land zoned R-1 or used for single-family residential purposes.

(Ord. 26248.)

Utility structures that contain power generating equipment shall meet all of the following applicable minimum criteria:

1.

Utility structures shall contain an automatic excess flow gas shutoff valve or other comparable equipment.

2.

Maximum noise levels emanating from the utility structure shall be subject to the general plan noise policies.

3.

The cabinet exhaust system and port:

a.

The exposed exhaust stream temperature shall not exceed one hundred fifty eight degrees Fahrenheit and

b.

The exhaust port shall be affixed with a warning label to indicate the danger of exposure to the exhaust temperature.

c.

Backup batteries shall be programmed to vary their duration of operation with the length of power outage up to a maximum of thirty minutes. As technology allows and without increasing the size of the cabinets, cabinets should be retrofitted with higher capacity batteries capable of providing full service operation for a maximum of two hours a full (6.1fW) load.

(Ord. 26248.)

The director shall include the following conditions in all permits for utility structures:

1.

The provider shall agree to be responsible for any damage caused by its activities to any existing public or private structure or facilities.

2.

The provider shall indemnify and hold harmless the city and any officers and employees thereof against and from all claims, loss, liability, damages, judgments, decrees, costs and expenditures which the city or such officer or employee may suffer, or which may be recovered from or obtainable against the city or such officer or employee, proximately caused by and growing out of or resulting from the exercise of the permit.

3.

The provider shall maintain all utility structures in a safe and clean manner.

4.

The provider shall promptly remove all graffiti on any structure. In the event the provider fails to remove all graffiti from the structure within two business days following receipt of notification from the city, the city shall have the right to remove any graffiti and the provider shall reimburse the city for all costs incurred for the removal within thirty days of receipt of a bill for the work done.

5.

Testing of emergency power equipment shall be limited to weekdays between the hours of 9:00 a.m. to 5:00 p.m., unless alternate hours are requested at the time the application is filed and agreed to, in writing, by all abutting property owners.

6.

Any other condition deemed appropriate by the director.

(Ord. 26248.)

The maximum height of a wireless communication antenna may be increased over the required maximum height of the zoning district in which it is located up to a maximum of sixty feet provided that the antenna is a wireless communications antenna slimline monopole.

(Ords. 26248, 27468.)

The maximum height of a building mounted wireless communication antenna may be increased over the required maximum height of the zoning district in which it is located provided that all of the following criteria are met:

A.

The antenna and/or related building alterations project no more than ten feet above the building surface on which it is located; or the antenna and/or related building alterations project no more than ten feet plus an additional foot of height for every ten feet the antenna is set back from the building parapet to a maximum height of fifteen feet; and

B.

The antenna is architecturally integrated into the building and all ancillary equipment is adequately screened; or

C.

The antenna does not add to the visual clutter of the building or structure.

(Ord. 27468.)

A.

This section is adopted pursuant to Section 6409(a) of the 2012 Middle Class Tax Relief and Job Creation Act now codified at 47 U.S.C. Section 1455(a) ("Section 6409(a)") and Federal Communications Commission Report and Order FCC-14-153 ("Wireless Infrastructure Order") and shall be retroactive to April 9, 2015, the effective date of the Wireless Infrastructure Order.

B.

For purposes of this section, the following definitions shall apply:

1.

"Baseline condition" means:

a.

As to height, the height of the original wireless tower or base station where the transmission equipment is proposed to be separated horizontally from the existing transmission equipment, such as on building rooftops, and for all other deployments, the height of the wireless tower or base station, inclusive of originally approved equipment and all modifications approved prior to February 22, 2012.

b.

As to width, the width inclusive of originally approved equipment and all modifications approved prior to February 22, 2012.

2.

"Base station" means a non-wireless tower supporting structure at a fixed location which has transmission equipment that enables FCC licensed or authorized wireless communications between user equipment and a communications network.

3.

"Collocation" means the mounting or installation of transmission equipment on a wireless tower or base station for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

4.

"Concealment elements" means camouflaging methods applied to wireless towers and base stations that render wireless towers or base stations more visually appealing or blend the wireless tower or base station into an existing structure or visual backdrop in such a manner as to render the wireless tower or base station minimally visible to the casual observer. Concealment may utilize, but does not require, concealment of all components of the wireless transmission equipment.

5.

"Current site" means:

a.

For wireless towers, the current boundaries of the leased or owned property surrounding the wireless tower and any related access or utility easements; and

b.

For base stations, the current boundaries of the leased or owned property surrounding the base station and any related access or utility easements, and further restricted to the area in proximity to the base station and other transmission equipment already deployed on the ground.

6.

"Existing wireless tower" or "existing base station" means a wireless tower or base station, with both a physical and a legal existence, and does not include structures that (1) merely could support transmission equipment; (2) were illegally constructed without all proper wireless site review; or (3) were legally constructed but at a time when applicable local law did not require wireless site review, provided that a wireless tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

7.

"FCC" means the Federal Communication Commission.

8.

"Modification" means removal or replacement of an antenna or any other wireless transmission equipment or hardening of a wireless tower or base station, but does not include complete replacement of a wireless tower or base station.

9.

"Substantially change the physical dimensions" means any of the following, and refers to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the baseline conditions for the wireless tower or base station that would have any of the effects described below:

a.

Changing the physical dimensions or exposed surface area of a wireless tower or base station, where the changes would be inconsistent with the design of the baseline condition concealment; or

b.

Entails excavation or deployment outside the current site boundaries.

c.

Increasing the height of an existing wireless tower or base station, as measured against the baseline condition, by the greater of more than ten percent, or the height of one additional antenna array with separation from the nearest existing antenna, not to exceed twenty feet; or increasing the height of a base station by the greater of more than ten percent or ten feet, whichever is greater; or

d.

Increasing the width of an existing wireless tower by adding an appurtenance to the body of the tower that would protrude from the edge of the tower by more than twenty feet or more than the width of the tower at the level of appurtenance, whichever is greater; or increasing the width of a base station by adding an appurtenance to the structure that would protrude more than six feet.

e.

Installing more than the standard number of new equipment cabinets for the technology involved, not to exceed four cabinets, installing new equipment cabinet(s) on the ground at base stations if there are no existing cabinets associated with the base station, or installing ground cabinets at base stations that are more than ten percent larger in height or overall volume that any other ground cabinet associated with the base station.

f.

Would result in the wireless tower or base station as modified being out of compliance with any baseline conditions associated with the wireless tower or base station, other than those conditions related to height, width, equipment cabinets, excavation/deployment, or concealment elements.

10.

"Transmission equipment" means any equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennae and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply.

11.

"Wireless" means any FCC authorized wireless communications service.

12.

"Wireless tower" means any structure built for the sole or primary purpose of supporting any FCC licensed or authorized antennas and their associated facilities.

C.

Notwithstanding any other provision of Title 20 of this Code, a request for collocation or modification that will not substantially change the physical dimensions of an existing wireless tower or base station, shall be approved, conditionally approved or denied in accordance with the procedures set forth in Part 10 of Chapter 20.100 of this Code, with the exception of Sections 20.100.1210, 20.100.1220, 20.100.1250 and 20.100.1260, provided that the director finds that the proposed collocation or modification will comply with generally applicable building, structural, electrical and safety codes and all other objective standards set forth in this Code related to health and safety.

D.

In addition to all administrative permit application requirements otherwise applicable, each application for an administrative permit that is submitted under this section shall clearly identify the application as a Section 6409(a) wireless application and shall be accompanied by:

1.

A detailed written description of the proposed modifications to the existing facilities;

2.

A photograph or graphic description to scale, and a written description of the wireless tower or base station as originally constructed, if available, and a photograph of the existing wireless tower or base station, and a graphic depiction to scale of the wireless tower or base station after collocation or modification, showing all relevant dimensions overlayed on the current site;

3.

A description of all construction that will be performed in connection with the proposed collocation or modification, including any excavation;

4.

A signed declaration by the applicant certifying the baseline condition as to height and the current site boundaries.

5.

An environmental exemption form or approved environmental clearance issued by the city for the project.

6.

If the existing wireless tower or base station was approved by a jurisdiction or entity other than the City of San José, a copy of the original permit or approval and any amendments or modification to such permit or approval.

7.

Such other information as the director may deem necessary in order to allow review of the application for compliance with this Section 20.80.1915.

E.

The approval of a collocation or modification pursuant to this Section 20.80.1915 shall not extend the term of the initial development permit approval.

F.

This Section 20.80.1915 is adopted to maximize the city's ability to exercise discretionary review of applications for modification or collocation of wireless towers and base stations as consistent with Section 6409(a) and the Wireless Infrastructure Order. This section shall become null and void if Section 6409(a) or the Wireless Infrastructure Order is rescinded or invalidated. All permits issued pursuant to this Section 20.80.1915 shall terminate on the ninety-first day after Section 6409(a) or the Wireless Infrastructure Order is rescinded or invalidated.

(Ord. 29546.)

The intent of this part is to enable the expeditious permitting of energy generation facilities on properties without creating adverse conditions or impacts on neighboring properties.

(Ords. 26388, 26456.)

No person shall place, construct or operate, or permit the placement, construction, or operation of, any electrical power generation equipment or facility for the purpose of providing stand-by or backup power, either permanent or temporary, without first obtaining a permit pursuant to the provisions set forth in this title.

(Ords. 26388, 26456.)

A.

An applicant for an administrative permit to allow the placement, construction or operation of a stand-by or backup electrical power generation facility shall, in addition to all other administrative permit requirements, declare under penalty of perjury that the stand-by or backup electrical power generation facility sought for use subject to an administrative permit will at all times be maintained in full conformance with each and every one of the criteria and standards set forth in this part.

B.

An administrative permit to allow a stand-by or backup electrical power generation facility shall not be issued unless the director determines that all of the applicable criteria and standards set forth in this part are met.

(Ords. 26388, 26456, 27757.)

A.

Any stand-by or backup electrical power generation facility shall meet all of the following criteria and standards listed below. Any electrical power generation uses that may be permitted with a site development permit, special use permit, or conditional use permit shall meet the standards and criteria below, provided that the director, planning commission, or city council, as the case may be, may relax such standards or impose stricter standards as a reasonable exercise of their discretion, upon a finding that such modifications are reasonably necessary in order to implement the general intent of this part and the purposes of this title.

B.

The standards and criteria for stand-by and back-up electrical power generation uses are as follows:

1.

Maximum noise levels, based upon a noise analysis by an acoustical engineer, will not exceed the applicable noise standards set forth in this title.

2.

If the applicable maximum air quality or noise standards are exceeded in the open space, agricultural, or any commercial or industrial zoning district, a conditional use permit issued in accordance with Part 6 of Chapter 20.100 of this title shall be required.

3.

A Bay Area Air Quality Management District (BAAQMD) permit has been issued for the use or facility.

4.

Operation of a temporary stand-by or backup power generation facility, by definition, shall not exceed a maximum time period of four (4) consecutive months in any twelve (12) month period.

5.

Testing of generators is limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.

(Ords. 26388, 26456, 27757.)

A.

No person shall use any portion of any hotel or motel for hotel supportive housing except with a conditional use permit issued pursuant to the provisions of Chapter 20.100 and this Part 22.

B.

Assistance, training, counseling, and personal services needed to enable persons occupying the hotel supportive housing units to make the transition to permanent housing may be provided, with or without meals, as an incidental use to the operation of hotel incidental housing as permitted by a conditional use permit.

(Ord. 29447.)

In addition to the requirements for a conditional use permit application set forth in Section 20.100.110, the application for a hotel supportive housing conditional use permit shall include submittal of a proposed management plan which addresses management issues including, but not limited to, good neighbor relations, transportation access, security, maintenance and repair responsibility, case management of residents, services for residents, and food services.

(Ord. 29447.)

The Planning Commission may issue a conditional use permit for hotel supportive housing only after making the findings specified in Section 20.100.720, and additionally finding that:

A.

As of August 1, 2014 and through the date of consideration of the conditional use permit, the hotel or motel which will be used for the hotel supportive housing was an existing and a permitted or legal nonconforming use of the property on which it is located;

B.

The hotel or motel which will be used for the hotel supportive housing is not located on a parcel of real property within any of the following areas:

1.

The area north of Skyport Drive within the North San José Area Development Policy Boundary, as defined in Section 14.29.020 D. of Title 14 of this Code; or

2.

The Edenvale Area Development Policy Area, as defined in Section 20.200.342; or

3.

The International Business Park Area, as defined in Section 20.200.578.

C.

A management plan for the operation of said hotel supportive housing as approved by the planning commission adequately addresses management issues including, but not limited to, good neighbor relations, transportation access, security, maintenance and repair responsibility, case management of residents, services for residents, and food services.

(Ord. 29447.)

A.

The conditional use permit for hotel supportive housing shall be limited to a term of not to exceed five years.

B.

If the hotel or motel use is a discontinued for a period of ninety days or more on a site for which a conditional use permit has been issued for hotel supportive housing, the conditional use permit for the hotel supportive housing use will expire and no longer be in effect.

C.

Notwithstanding Section 20.100.750, the planning commission may approve an application for renewal of a conditional use permit for hotel supportive housing for one additional successive terms of not to exceed five years, but only after remaking the findings specified in Section 20.100.720 based on up to date evidence and conditions that exist at the time of the renewal hearing, and finding that there is no evidence of material or continuing noncompliance with any condition of the prior permit.

D.

In no event shall the term for any conditional use permit for hotel supportive housing extend beyond December 31, 2026.

(Ord. 29447.)

In addition to conditioning the conditional use permit for hotel supportive housing on adherence to the management plan approved by the planning commission, the planning commission may require that a manager for the hotel or motel use shall be available on site at all times, and may impose such other conditions as may be necessary to ensure compliance with this Part 22 and to make the findings required under Section 20.100.720 of this Code.

(Ord. 29447.)

This Part 22 shall be effective until December 31, 2026.

(Ord. 29447.)