A.

This chapter sets forth certain area-specific and use-specific height restrictions for development applicable to all zoning districts established by Section 20.10.060 and to planned development districts established by Section 20.10.070.

B.

The purpose of this chapter is to provide for the public peace, health, safety, and welfare by identifying geographic locations within the City of San José and specific uses for which it is appropriate to establish more specific height restrictions than those provided within the general zoning district standards.

C.

The governing height restriction applicable to a particular site or structure shall be determined in accordance with the following rules and priorities:

1.

For single-family or mobile home residential structures located in a residential zoning district, the height restrictions set forth in Section 20.30.200 shall govern and control the maximum allowed height of those structures.

2.

For properties that are not governed by Section 20.85.010 C.1. but that are within a specific plan area, the height restrictions set forth within that specific plan document shall govern and control the maximum allowed heights on those properties.

3.

For properties that are not governed by Sections 20.85.010 C.1. or 2. but that are within a certain geographic area that is described in Part 2 of this chapter, the height restrictions set forth in said Part 2 shall govern and control the maximum allowed heights on those properties.

4.

For those structures that are listed and described in Part 3 of this chapter that are not governed by Sections 20.85.010 C.1., 2. or 3., the height restrictions set forth in said Part 3 shall govern and control the maximum allowed height of those structures.

5.

For properties or structures not otherwise regulated by the provisions of Section 20.85.010 C.1., 2., 3. or 4., and for properties located within an airport influence area overlay as identified in the general plan that are also within the downtown zoning area or within the downtown frame, the height restrictions established for the zoning district in which the property or structure is located or is to be located shall govern and control the maximum heights allowed on those properties or of those structures.

6.

Notwithstanding Section 20.85.010 (C), 2, 3, 4, or 5, certain exceptions to exceed the maximum allowed height prescribed in this Title may be allowed, and shall be regulated by provisions set forth in Part 4, Section 20.85.040.

(Ords. 29012, 29176, 30396.)

The following geographical areas shall be subject to specific height restrictions as described below:

A.

Downtown. For the downtown zoning area defined in Section 20.70.010, the maximum allowable height for new buildings and structures shall be defined by the airspace requirements of the Norman Y. Mineta San José International Airport as determined by the Federal Aviation Administration.

B.

Downtown frame. In the downtown frame area, consisting of the area adjacent to the downtown and bounded by Taylor Street, 11th Street, Keyes Street, Monterey Road, Willow Street, the Union Pacific Railroad line, and the boundaries of the downtown zoning area, the maximum allowable building height is one hundred twenty feet in any event, except:

1.

North 1st Street Local Transit Village Exception. Properties within the boundary of the North 1st Street Local Transit Village shall comply with the maximum building heights specified in the applicable Urban Village Plan; however, in no event shall the maximum allowable height for new buildings and structures exceed the height limitations of the airspace requirements of the Norman Y. Mineta San José International Airport as specified in the Comprehensive Land Use Plan (CLUP) for the Norman Y. Mineta San José International Airport adopted by the Santa Clara County Airport Land Use Commission (ALUC) which requires height to comply with the Federal Aviation Administration Part 77 Surfaces.

C.

Employment centers. The following height restrictions consolidate and set forth those height restrictions applicable to certain geographic areas:

1.

For the North San José area located to the north and west of Interstate 880, the maximum allowable building height shall be as follows:

a.

For the portion of North San José within the area bounded by Zanker Road, Montague Expressway, Orchard Drive, Orchard Parkway, the planned extension of Component Drive, the Guadalupe River, Highway 101, and Zanker Road, the maximum allowable building height shall be defined by the airspace requirements of the Norman Y. Mineta San José International Airport as determined by the Federal Aviation Administration, but shall not exceed two hundred fifty feet in any event; and

b.

For the portion of North San José within the area bounded by North Fourth Street, Highway 101, North First Street and the planned extension of Skyport Drive, the maximum allowable building height shall be defined by the airspace requirements of the Norman Y. Mineta San José International Airport as determined by the Federal Aviation Administration, but shall not exceed three hundred ten feet in any event; and

c.

For the portion of North San José bounded by Headquarters Drive, North First Street and Highway 237, the maximum allowable building height is two hundred ten feet; and

d.

For the portion of North San José within the area bounded by Keoncrest Avenue, Sonora Avenue, Route 87 and Interstate 880, the maximum allowable building height is thirty-five feet; and

e.

For the portion of North San José within the area not otherwise regulated by provisions in Section 20.85.020 C.1.a., b., c., or d., or by provisions in Section 20.85.020 D., or by provisions in Section 20.85.020 E., the maximum allowable building height is one hundred twenty feet.

2.

For the portion of the Old Edenvale area bounded by Great Oaks Boulevard, Highway 85, Miyuki Drive and Santa Teresa Boulevard, the maximum allowable building height shall be defined by the airspace requirements of the Norman Y. Mineta San José International Airport as determined by the Federal Aviation Administration, but shall not exceed two hundred fifty feet in any event.

3.

For properties in the portion of the Old Edenvale area bounded by Monterey Highway, Highway 85 and Cottle Road, the maximum allowable building height is one hundred twenty feet.

4.

For other properties located within the New Edenvale area bounded by Silicon Valley Boulevard, Piercy Road, Hellyer Avenue, the Coyote Creek Trail, Silver Creek Valley Road, and Highway 101, maximum allowable building height is one hundred twenty feet.

5.

In the portion of Coyote Planning Area designated as industrial park on the general plan land use/transportation diagram, the maximum allowable building height is one hundred thirty-five feet.

6.

For those properties within the City of San José bounded by Coleman Avenue, Interstate 880 and the Union Pacific Railroad line, the maximum allowable building height shall be defined by the airspace requirements of the Norman Y. Mineta San José International Airport as determined by the Federal Aviation Administration.

7.

On the Norman Y. Mineta San José International Airport property within the jurisdiction of the City of San José that is bounded by Interstate 880, Highway 101, Route 87, Coleman Avenue, and the jurisdictional boundaries of the City of Santa Clara, which property is designated public/quasi-public on the Envision San José 2040 General Plan Land Use/Transportation Diagram, the maximum allowable building height shall be defined by the airspace requirements of the Norman Y. Mineta San José International Airport as determined by the Federal Aviation Administration.

D.

Transit areas. For properties wholly or partially located within a radius of two thousand feet of an existing or planned passenger rail station along the Guadalupe Light Rail Corridor north of Montague Expressway, the maximum allowable building height shall not exceed two hundred feet. For properties wholly or partially located within a radius of two thousand feet of an existing or planned passenger rail station along the Guadalupe Light Rail Corridor north of downtown and south of Montague Expressway, or along the planned BART corridor (as shown on the general plan land use/transportation diagram), the maximum allowable building height shall not exceed one hundred fifty feet. For properties located wholly or partially within a radius of two thousand feet of other existing or planned passenger rail stations (as shown on the general plan land use/transportation diagram), the maximum allowable building height shall not exceed one hundred twenty feet. In instances where multiple specific height restrictions would apply to a use described in this Section 20.85.020 D., other than uses located within an airport influence area, the most permissive applicable regulation shall govern. For uses located within an airport influence area, the most restrictive applicable regulations shall govern.

1.

North 1st Street Local Transit Village Exception. Notwithstanding any other height exception in Chapter 20.85, properties within the boundary of the North 1st Street Local Transit Village shall comply with the maximum heights specified in the applicable Urban Village Plan; however, in no event will the maximum allowable height for new buildings and structures exceed the height limitations of the airspace requirements specified in the Comprehensive Land Use Plan (CLUP) for the Norman Y. Mineta San José International Airport adopted by the Santa Clara County Airport Land Use Commission (ALUC) which requires height to comply with the Federal Aviation Administration Part 77 Surfaces.

E.

Urban village areas. For properties identified on the general plan land use/transportation diagram as being located wholly or partially within an urban village area boundary, and which have an urban village, neighborhood/community commercial, regional commercial or public quasi/public general plan land use/transportation diagram designation, the maximum allowable building height shall not exceed one hundred twenty feet on the property, or portion thereof, located within the urban village area boundary. Notwithstanding the general height restriction applicable in an urban village area boundary, the maximum allowable building height within the following specifically-identified urban village sub-areas shall be as follows:

1.

Rincon South Urban Village. For the Urban Village area bounded by Old Bayshore Highway, North First Street, Skyport Drive, Technology Drive and Airport Parkway, the maximum allowable Building Height shall be defined by the airspace requirements of the Norman Y. Mineta San José International Airport as determined by the Federal Aviation Administration, but not to exceed two hundred feet in any event, except that on the southeasterly corner of Airport Parkway and Old Bayshore Highway, the maximum allowable building height shall be defined by the airspace requirements of the Norman Y. Mineta San José International Airport as determined by the Federal Aviation Administration, but shall not exceed two hundred twenty feet in any event.

(Ords. 29012, 29176, 29281, 29348, 30741.)

Subject to the provisions of Section 20.85.010C., the following uses shall be subject to the following specific height restrictions when such uses are located in an area subject to this chapter as referenced in Sections 20.30.200, 20.40.200 and 20.50.200. In instances where multiple specific height restrictions would apply to a use described in this Section 20.85.030, other than uses located within an airport influence area, the more permissive applicable regulation shall govern. For uses located within an airport influence area, the most restrictive applicable regulations shall govern.

A.

Communication towers and other structures. For communication towers, antennae and monopoles, net poles, and other similar non-building structural uses, including structures on top of buildings, such as energy-saving devices, bell towers, wireless communication antennae, and associated structures, specific height limits may be established in the context of development project review provided, however, that the maximum allowable height is one hundred fifty feet on sites with nonresidential or non-urban land use designations, and up to one hundred sixty feet on sites with an existing PG&E substation or high tension line corridor exceeding two hundred KV, or the maximum allowable building height for the subject property established elsewhere within Title 20, whichever is greater, if all the following criteria are met:

1.

The site, structure, and related use are located or constructed to minimize public visibility;

2.

The project provides visual amenities, such as landscaping, to address and offset the visual impacts associated with the project use and related structures; and

3.

The decision-maker reasonably determines that there is substantial evidence that technical necessity requires greater height, and, in the case of cellular facilities, the increased height will result in a reduction in the number of existing or future freestanding monopoles.

B.

Single-room occupancy (SRO). For single-room occupancy (SRO) buildings, wholly used as such or combined with commercial uses, the maximum allowable building height is sixty feet.

(Ords. 29012, 29176, 29312.)

A.

The Director of Planning, Planning Commission, or City Council may grant through issuance of a Development Permit certain exceptions to allow elevator shafts and stairwells to exceed the general zoning district height limitation for the zoning district in which the structure is located, but only up to seventeen (17) feet above the general zoning district height limitation and subject to design review, and including but not limited to accessible bathroom, roof canopies, mechanical equipment, screening and safety guardrail requirements, subject to the requirements below:

1.

This allowance shall not apply to allow any structure(s), including all elevator shafts and stairwells, to exceed the height limitations applicable under the airspace requirements of the Norman Y. Mineta San José International Airport as determined by the Federal Aviation Administration, for uses located in an airport influence area.

2.

The maximum roof area coverage by all structure(s) and equipment shall not exceed of thirty (30%) percent of the total roof area.

3.

This allowance may apply to any mechanical equipment and appurtenances required for the operation and maintenance of the building, including devices for the collection of solar or alternative energy, and screening for those features.

(Ord. 30396.)