A.

This chapter identifies the permits and other approvals required by the various provisions of this title and sets forth the applicable procedures for application, processing and approval.

B.

As a general rule, unless otherwise exempt, any use which involves new construction, erection, placement, paving, or installation or exterior alteration or enlargement of an existing use requires a development permit as defined in Section 20.200.270.

(Ord. 26248.)

A.

The purpose of this part is to establish common procedures for the filing of applications, notice of public hearings, appeal of decisions, and enforcement of permits for all development permits and other approvals governed by this Chapter 20.100.

B.

The procedures of this Part 2 shall apply to all development permits and approvals governed by this Chapter 20.100, unless specifically modified by another section of this chapter.

(Ord. 26248.)

A.

All applications pursuant to this Chapter 20.100 shall be filed with the director in a form prescribed by the director.

B.

Except as provided in Subsection C below, a separate application shall be filed for each site and each application shall be signed by:

1.

All owners of the real property included in the site or sites; or

2.

Such person or persons having the lawful power of attorney of the property owner or a qualified tenant to apply for development permits; or

3.

By a qualified tenant. A "qualified tenant" for purpose of this section shall mean the exclusive tenant of the entire site and parcel subject to the application, under a recorded lease which has a remaining term of five or more years at the time of application; or

4.

An agent of a utility provider, with actual or apparent authority to apply for development permits on behalf of the utility provider, when the utility provider's development activity will occur entirely within the scope and location of a currently existing public services easement or public utility easement; or

5.

The city manager of the City of San José or the executive director of the San José redevelopment agency for property owned or controlled by that respective entity.

C.

The following provisions shall govern development permit applications for the removal and relocation of a building from one parcel to another parcel in the city:

1.

A single application pertaining to both parcels shall be required; and

2.

The application shall be signed by all of the owners of each parcel or by such person or persons having the lawful power of attorney therefor.

(Ords. 26248, 28828.)

No application shall be deemed received until the following have been provided:

1.

All fees for the application as set forth in the schedule of fees established by resolution of the council have been paid. No fee shall be deemed paid until any negotiable instrument has been cleared and funds received on the city's account.

2.

All documents specified as part of the application in this chapter or on the application form have been filed.

(Ord. 26248.)

A.

An application for a permit pursuant to this chapter may be filed and processed concurrently with either:

1.

A petition to rezone the property which is the subject of the application; or

2.

A petition to prezone and annex the subject property to the city; or

3.

Other development permits or approvals required by this title.

B.

When any application is filed concurrently pursuant to this chapter, the applicant shall sign a statement acknowledging that the application shall not be deemed complete and eligible for hearing until either:

1.

The adoption date of the ordinance that rezones the property which is the subject of the application; or

2.

The later effective date of:

a.

An ordinance that prezones the subject property; and

b.

A reorganization which annexes the subject property to the city.

C.

Any approval governed by this title may be approved after final adoption of an ordinance rezoning the property, but shall not be effective unless and until the referendum period has expired without challenge for the ordinance rezoning the property.

(Ords. 26248, 27077.)

A.

Whenever applications for the same site have been filed for one or more development permits or approvals required by this title, such development permit or approvals may be reviewed and acted on in a unified process.

B.

The following actions, where required to implement a project that requires approval of a development permit, may be reviewed and acted on in a unified process:

1.

Determinations of public convenience or necessity governed by Chapter 6.84 of Title 6 of the San José Municipal Code.

2.

Tree removal permits governed by Chapter 13.32 of Title 13 of the San José Municipal Code.

3.

Major Encroachment Permits governed by Chapter 13.37 of the San José Municipal Code.

4.

Historic Preservation permits governed by Chapter 13.48 of Title 13 of the San José Municipal Code.

5.

Development Agreements governed by Chapter 18.02 of Title 18 of the San José Municipal Code.

6.

Subdivision approvals governed by Title 19 of the San José Municipal Code.

7.

Street and Easement Vacations governed by the Government Code or the Streets and Highways Code.

C.

The unified process shall use the public hearing procedures required for the highest level permit or approval. Permits and approvals are ranked as follows with the highest level permit or approval listed first: Development Agreement; rezoning, Major Encroachment Permit; Street or Easement Vacation; conditional use permit; subdivisions; determination of public convenience or necessity; planned development permit; special use permit; site development permit; historic preservation permit, single-family house permit-director's decision; development exception; development variance; tree removal permit-director's decision; single-family house permit-administrative decision; and tree removal permit-administrative decision.

D.

The hearing body shall make the findings, if any, applicable to each permit or approval.

(Ords. 26248, 27077, 27440, 27626, 29195, 30321, 30543.)

A.

Not later than thirty calendar days after an application has been received, the director shall notify the applicant if the application is not complete. The director shall specify those parts of the application which are incomplete and shall indicate the manner in which it can be made complete, including a list and thorough description of specific information needed to complete the application.

B.

Not later than thirty calendar days after the submittal of additional information in response to notification pursuant to the above section, the director shall notify the applicant if the application is still not complete. The director shall specify those parts of the application which are incomplete and shall indicate the manner in which it can be made complete, including a list and thorough description of specific information needed to complete the application.

C.

If the determination, pursuant to the above sections, is not made within the thirty-calendar day period, the application, together with the submitted materials, will be deemed complete and the application shall be eligible for hearing on the merits. Nothing herein shall preclude the director, the planning commission or the city council from denying the application on the grounds that the information provided is inadequate to demonstrate that the application should be approved in accordance with this title.

D.

Nothing herein precludes an applicant from waiving the right to a determination of incompleteness or from extending the period of time for a determination of completeness.

(Ord. 26248.)

A.

The determination of incompleteness by the director may be appealed in writing to the planning commission.

B.

The planning commission shall review the submitted documents at a public meeting and shall issue a final written determination not later than sixty days after the receipt of the written appeal, unless the applicant agrees to extend the time period.

C.

If the determination, pursuant to this section, is not made within the sixty calendar day period, the application together with the submitted materials will be deemed complete and the application shall be eligible for hearing on the merits. Nothing herein shall preclude the director, the planning commission or the city council from denying the application, on the grounds that the information provided is inadequate to demonstrate that the application should be approved in accordance with this chapter.

(Ord. 26248.)

A.

The applicant may amend or withdraw the application at will at any time prior to the opening of the required public hearing on the application. Thereafter, the application may be amended or withdrawn only with the consent of the decision maker before whom the matter is pending.

B.

The application may be amended in any way except where:

1.

A change in boundaries would result in a change in the requirements for notice pursuant to Section 20.100.190; or

2.

A change is determined by the director not to be covered by the environmental clearance issued for the application pursuant to Title 21.

C.

A change in the application may require additional fees to be paid as set forth in the schedule of fees related to the change.

(Ords. 26248, 28511.)

If required by the director, every application shall be accompanied by an application for, or verification of, environmental clearance or exemption for the project in accordance with Title 21 of the San José Municipal Code. Notwithstanding any provision in any other section, part, chapter or title of this Code, the city council shall be the initial decision making body on the application if that application requires certification of an environmental impact report for environmental clearance, unless the project as proposed includes all mitigation measures identified in the draft environmental impact report for the project as necessary to reduce the impacts of the project to a less than significant level.

(Ords. 26248, 29484.)

A.

Notice of time, place, and purpose of any hearing required by this chapter shall be as follows:

1.

To the applicant and any appellants at the addresses designated for such purpose on the application; and

2.

To the owners, as shown on the last equalized assessment roll adopted by the County of Santa Clara, within a three hundred foot radius of the property that is the subject of the application; and

3.

To anyone who has submitted a request for notice as prescribed in Section 20.100.200; and

4.

To any occupant of property within a three hundred foot radius of the property that is the subject of the application.

B.

The director may increase the three hundred- foot radius for notice. Nothing herein shall preclude the city from requiring or providing additional notice to other persons or in any other manner.

C.

Any notice of hearing by the director or planning commission shall be as prescribed by the director and shall be mailed by the director or authorized mail service, postage prepaid, at least ten calendar days before the date set for hearing. Upon the mailing of such notice, a declaration that such notice has been mailed shall be filed in the proceedings.

D.

Any notice of hearing by the city council shall be as prescribed by the city clerk and shall be mailed by the city clerk, or authorized mail service, postage prepaid, at least ten calendar days before the date set for the hearing. Upon the mailing of such notice, a declaration that such notice has been mailed shall be filed in the proceedings.

E.

Notwithstanding the above, the failure of the director or city clerk to mail any notice or the failure of any person to receive the same shall not affect, in any way whatsoever, the validity of any proceedings taken under this part, nor of any action or decision of the director, planning commission or city council made or taken in any such proceedings, nor prevent the director, the planning commission or city council from proceeding with any hearing at the time and place set therefor.

F.

All fees for mailings set forth in the schedule of fees adopted by resolution of the city council shall be paid by the applicant prior to mailing the notice. Failure of the applicant to comply with this provision could result in a delay of a hearing and/or a decision on an application.

(Ords. 26248, 27185.)

Any person may request to be given notice of any public hearing with regard to any application or appeal by filing a request for notice and self-addressed stamped envelopes with the director at any time after the application has been received. Said request shall be filed in the project file. A separate request and envelopes must be provided for each separate permit, approval applied for, or appeal with regard to any project.

(Ord. 26248.)

A.

With respect to any permit or approval, the director, planning commission, or city council as designated by this title, may:

1.

Deny the permit or approval; or

2.

Grant a permit or approval based on the plan proposed by the applicant, and may make such permit or approval subject to conditions; or

3.

Grant a permit approval based on a plan substantially different from the plan proposed by the applicant, and may make such permit or approval subject to conditions; provided, however, that any variance or such exception shall not be greater than the amount of variance or exception requested in the application, nor, in the case of a variance, be a different type of variance or for a variance which covers a different part of the subject property from that designated in the application.

B.

The director shall mail a copy of the decision to the applicant at the addresses shown for such purpose on the application.

(Ords. 26248, 27185.)

Decisions on permits or approvals pursuant to this chapter are subject to appeal as set forth in Table 20-260 which lists the initial decision maker and the decision making body which will hear any appeal.

1.

The City Council is the initial decision making body for a project that requires certification of an environmental impact report for environmental clearance unless the project as proposed includes all mitigation measures identified in the draft environmental impact report for the project as necessary to reduce the impacts of the project to a less than significant level.

2.

The City Council is the appeal decision making body for all projects in which appeals have been filed for both approval of the project under this chapter and environmental clearance for the project under Title 21 of this Code.

(Ords. 26248, 26455, 27091, 27185, 28731, 28958, 29046, 29195, 29312, 29364, 29484, 29690, 30321.)

A.

An appeal may be filed by the applicant or any property owner or any tenant of property within one thousand feet of the subject site.

B.

Any appeal must be accompanied by the fee as set forth in the schedule of fees adopted by resolution of the city council.

(Ord. 26248.)

A.

A notice of appeal must be filed with the director of planning within ten calendar days after the copy of the written decision of the initial decision maker is mailed to the applicant. If no such appeal is filed by 5:00 p.m. on the tenth day, the decision of the initial decision maker becomes final on the eleventh day.

B.

Any notice of appeal shall set forth the specific grounds of the appeal.

(Ord. 26248.)

An appeal may be withdrawn by the appellant at their will prior to the expiration of the appeal period set forth in Section 20.100.240. Any request for withdrawal made after the appeal period shall be acted upon by the planning commission or city council at the scheduled public hearing on the appeal.

(Ord. 26248.)

If a notice of appeal has been duly accepted by the director, the decision of the initial decision maker shall not be final and it shall be of no force and effect unless the appeal is withdrawn prior to the appeal hearing.

(Ord. 26248.)

Any appeal to the planning commission is subject to the following:

1.

The director shall, subject to the rules of the commission, set a date for the hearing. The date of hearing shall be not less than ten nor more than sixty calendar days after receipt of the notice of appeal.

2.

The planning commission shall hold at least one public hearing on the matter. The director shall provide a report and recommendation to the commission. In addition, the director shall file with the commission at its hearing all relevant papers, documents, and exhibits which are part of the file. The planning commission shall hear the matter de novo.

3.

Within a reasonable time after the commission has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The decision of the planning commission is final and is not subject to further appeal.

4.

A copy of the decision of the planning commission shall be mailed to the applicant and the appellant at the addresses shown for such purpose on the application and notice of appeal.

(Ord. 26248.)

Any appeal to the city council is subject to the following:

1.

The director shall, within ten calendar days of receipt of the appeal, file a copy of the application and the notice of appeal with the city clerk.

2.

The council shall hold at least one public hearing on the matter. The hearing of the city council shall be de novo. The city clerk shall set the date of the public hearing by the council. The date of hearing shall be the first available date not less than ten days after receipt of the notice of appeal. Within a reasonable time after the council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter.

3.

The decision of the council shall be final. The city clerk shall mail a certified copy of the decision of the council to the applicant and the appellant at the addresses shown for such purpose on the application and notice of appeal.

(Ords. 26248, 27185.)

A.

After the time for any appeal has expired and no appeal has been filed by a qualified appellant, the permit or other approval issued shall be deemed final, subject to the provisions of Subsection 20.100.290 D. below.

B.

If the applicant fails to file a timely and valid appeal of the permit or other approval within the applicable appeal period, such inaction by the applicant shall be deemed to constitute all of the following on behalf of the applicant:

1.

Acceptance of the permit or approval by the applicant; and

2.

Agreement by the applicant to be bound by, to comply with, and to do all things required of or by the applicant pursuant to all of the terms, provisions, and conditions of the permit or other approval and the provisions of this title applicable to such permit or other approval.

C.

If the applicant is a qualified tenant, such tenant shall, and it shall be the responsibility of such tenant to, inform the property owner(s) of the issuance of the permit or other approval, together with the terms, conditions and provisions of such Permit or other approval, including without limitation provisions contained in such permit or approval that require dedication of land, restrictive covenants or other commitments beyond the scope of a tenancy.

D.

No permit or other approval shall have any force or effect prior to, and a permit shall be deemed effective on, the date that all of the following have occurred:

1.

The elapse of the appeal period applicable to that permit; and

2.

The fulfillment of all conditions precedent to the effectiveness of that permit as set forth in the permit; and

3.

The payment to city in full of all fees applicable to that permit.

(Ords. 26248, 27185, 28677.)

A.

Within thirty (30) days of the permit or other approval becoming effective, in accordance with the provisions of Section 20.100.290, fulfillment of all conditions precedent to release pursuant to this chapter and the payment of fees, a certificate identifying the permit or other approval shall be recorded by the city. The permit or other approval and the rights and restrictions therein shall run with the land to the fullest extent allowed by law.

B.

If any permit or other approval is revoked after a hearing on an order to show cause pursuant to this chapter, a certificate of revocation shall be recorded with the county recorder's office.

C.

The provisions of Sections 20.100.300A. and B. above shall not apply to the following permits:

1.

Administrative permits that do not include the installation of utility structures; or

2.

Tree removal permits; or

3.

Special use permits that only include demolition of existing buildings or structures; or

4.

Planned development permits that only include demolition of existing buildings or structures; or

5.

Single-Family House Permits subject to administrative approval under Section 20.100.1040.A. or B.

(Ords. 26248, 27185, 28677, 29195, 30133.)

A.

No person shall use, maintain or suffer the use or maintenance of any real property except in full and complete compliance with this chapter and in precise conformity to all the requirements and conditions of any permit or approval issued pursuant to this chapter.

B.

Any use permitted by this title shall be conducted in full compliance with all local and state laws. Any permit hereunder is subject to revocation if it is conducted in such a manner as to cause a nuisance as defined by this title.

(Ord. 26248.)

A.

The director may issue a notice of noncompliance for any failure to comply with any requirement of this title or any condition of a development permit or approval.

B.

The notice of noncompliance shall be sent by certified mail to the address of the subject property and the owner of the property at the address shown on the last equalized assessment roll adopted by the County of Santa Clara.

C.

Such notice shall set forth the action necessary to come into compliance and a time frame for compliance.

(Ord. 26248.)

If the noncompliance is not abated, corrected, or rectified within the time specified by the director in said notice, the director may issue an order to show cause why such permit or approval shall not be revoked, suspended or modified. An order to show cause shall be set for a public hearing before the planning commission, except that in the case of a conditional use permit for which the city council is the initial decision-making body, the order to show cause shall be set for a public hearing before the city council, all pursuant to Section 20.100.340.

(Ords. 26248, 28731.)

A.

At the time specified in the order to show cause or at such later time to which the matter is continued, the planning commission, or city council as appropriate, shall hold a hearing to determine if the permit or approval shall be revoked.

B.

The procedures set forth in this Chapter 20.100 shall equally apply to a hearing on an order to show cause except as hereinafter expressly set forth.

C.

The decision of the planning commission shall be final except for conditional use permits and single-family house permits-city council decision. The decision of the city council shall be final on permits for which the city council is the initial decision-making body or the appellate body.

D.

The decision of the planning commission on an order to show cause relating to a conditional use permit may be appealed to the city council by the owner or tenant of the subject property.

(Ords. 26248, 28731.)

After a hearing on an order to show cause, the planning commission, or city council as appropriate under the processes set forth in this chapter, at its discretion may revoke, suspend, or modify any permit or other approval upon finding that:

1.

A violation of any condition of a development permit, development variance, development exception or other approval was not abated, corrected or rectified within the time specified on the notice of violation; or

2.

A violation of any city ordinance or state law was not abated, corrected or rectified within the time specified on the notice of noncompliance; or

3.

A use as presently conducted creates a nuisance.

(Ords. 26248, 28731.)

A.

When a revocation of a permit or approval has become final, the city shall file a revocation certificate with the county recorder.

B.

Any building or structure built under any approval which is later revoked shall be deemed to be in violation of this chapter and this title as if no such approval had ever been issued.

C.

Irrespective of prior permits or approvals issued, it shall be a violation of this title to utilize any property for which the approval has been revoked, for any purpose which requires an approval under this title, without obtaining the necessary approvals pursuant to this chapter, except as set forth in Section 20.100.370.

(Ord. 26248.)

Upon revocation or nonrenewal of a conditional use permit:

1.

A residential property which was subject to a conditional use permit may be utilized for unconditionally permitted residential purposes in accordance with this title.

2.

A property, other than residential, which was subject to a preexisting site development permit may be utilized in accordance with and conformity to the site development permit.

3.

It shall be a violation to this title to utilize any property, which was not subject to a separate site development permit, other than for residential or agricultural purposes in accordance with other provisions of this title, after a conditional use permit has been revoked or not renewed (either because of failure to apply for a new or renewed conditional use permit or because of denial), without obtaining a new development permit pursuant to this chapter.

(Ord. 26248.)

A.

In the event that a real property owner desires to have their property released from a final permit or other approval previously granted and issued by the city, the property owner may apply for such release of permit or other approval on a form provided by the director.

B.

Each application for release of permit or other approval shall be subject to the following requirements:

1.

For permits or other approvals that have not been implemented in any manner and whose term of expiration has not yet elapsed, the director may administratively accept and grant such release requests in writing.

2.

For permits or other approvals that have been implemented in whole or in part, the director may accept and consider such release requests and may grant a release request in writing only if the director first determines that releasing the permit or other approval would meet all of the following criteria:

a.

Releasing the permit or other approval would not result in any harm or other adverse impact upon the real property, persons located on the real property, persons or property in the area surrounding the real property or to the city; and

b.

Releasing the permit or other approval would not result in a situation that would constitute a violation of any applicable law.

C.

Nothing contained in this section shall prevent or preclude the director from determining that the protection, preservation or furtherance of the public interest, health, safety or welfare would be better served through the processing of an amendment or adjustment to the original permit or other approval or a new permit or other approval rather than granting a release of such permit or other approval. The director shall require an amendment or adjustment to a permit or other approval or a new permit or other approval for any release application that does not meet the criteria of Subsection 20.100.380.B.2., above.

D.

Any applicant for a release of permit or other approval who is granted a release of the permit or other approval shall thereafter use the real property released from the permit or other approval only in a manner that conforms to the provisions of this title as if no such permit or other approval had been issued. Irrespective of prior permits or other approvals issued, it shall be a violation of this title to utilize any property for which a permit or other approval has been released for any purpose that requires a permit or other approval under this title without having first obtained the required permit or other approval; provided, however, that the property may be utilized in a manner that would be allowed under the provisions of Section 20.100.370, as if the permit or other approval had been revoked rather than released.

E.

When a permit or other approval has been released pursuant to the provisions of this section, the city shall file a release certificate with the county recorder in the same manner as a revocation certificate.

(Ord. 27185.)

A.

The director of planning shall have the authority to pursue a final decision on any permit or other approval application on file with the director for a period of at least six months where there is inactivity on the application on the part of the applicant for at least six consecutive months.

B.

Alternatively, if an applicant fails to process his or her application on file with the director and such inactivity by the applicant on the application continues for a period of at least six consecutive months and additional work would be required by the director to continue to process the application, the director shall have the authority to require the applicant to first pay additional fees to continue processing the application in order to account for work that was not paid for under the original application fee or in cases where the application fees paid by the applicant were at a different rate than those fees in effect at the time of reactivation of the application after a period of inactivity by the applicant.

C.

In addition to the ability provided to the director pursuant to the provisions of this section to pursue a final decision on any permit or other approval application on file with the director, the director also shall have the authority to deem an application withdrawn without holding any hearing on that application where the period of inactivity on an application on the part of the applicant has transpired for at least twelve consecutive months. The director shall provide a courtesy notice to the applicant at the last known address of the applicant on record with the director of the director's intention to deem an application withdrawn at least thirty days prior to deeming such application withdrawn, and the notice shall specify the date that the application is to be deemed withdrawn.

D.

For purposes of this section "inactivity" on an application means that the director has requested from the applicant or has provided the applicant with notice of additional information, materials and/or fees needed by the director from the applicant to continue to process the application and the applicant has failed to adequately respond to that request or notice.

(Ords. 27185, 28511.)

Development permits shall automatically expire after twenty-four months, unless otherwise provided in the permit, from and after the date of issuance of the development permit if within such twenty-four-month period, the proposed use of the site or the construction of buildings has not commenced, pursuant to and in accordance with the provisions of the development permit, subject to the provisions of Section 20.100.500 below.

(Ords. 26248, 26820.)

A.

The permit or approval, as issued, may be substantially different from the project proposed by the applicant.

B.

Certain conditions may be imposed by the director, the planning commission or the city council as conditions prior to release of permit or approval. Such conditions are conditions precedent to the effectiveness of the permit or approval. In such cases, the director shall receive the acceptance as set forth in Section 20.100.290, but shall maintain custody of the permit or approval and no certificate of permit or approval shall be recorded until the condition has been satisfied.

(Ord. 26248.)

It shall be a violation of this title for any person who has signed the acceptance of a permit or approval issued pursuant to this chapter to fail to secure any public improvements required by the permit or approval within the time period specified. If no time period is specified, the time period for completion of improvements shall be deemed to be one year from the issuance of a building permit unless an extension has been granted in writing by the director or, if no building permit is required, one year from the issuance of the permit or approval.

(Ord. 26248.)

It shall be a violation of this title for any person responsible for construction including but not limited to the permit holder and any contractor thereof to fail to keep the public right of way free from construction dirt and debris. All on-site construction debris shall be removed at least weekly.

(Ord. 26248.)

Unless otherwise indicated on an approved plan or in the approved permit, all first-floor, ground floor windows for any commercial use shall consist of transparent glass.

(Ord. 26455.)

It shall be a violation of this title for any property owner or other person in control of any lot to fail to install or maintain any landscaping required by a permit or approval issued pursuant to this chapter or otherwise in a manner that fails to fully comply with the provisions of Chapters 15.10 or 15.11 of Title 15 of this Code. Any vegetation, required by a permit or approval, or otherwise by Chapters 15.10 or 15.11 of Title 15 of this Code, which is dead or dying, shall be replaced within sixty days.

(Ords. 26248, 29243.)

A.

Unless otherwise expressly allowed in a development permit or other planning approval, no applicant or agent of an applicant shall suffer or allow any construction activity on a site located within 500 feet of a residential unit before 7:00 a.m. or after 7:00 p.m., Monday through Friday, or at any time on weekends.

B.

Without limiting the scope of Section 20.100.310, no applicant or agent of an applicant shall suffer or allow any construction activity on a site subject to a development permit or other planning approval located within 500 feet of a residential unit at any time when that activity is not allowed under the development permit or planning approval.

C.

This section is applicable whenever a development permit or other planning approval is required for construction activity.

(Ords. 26248, 26594.)

On-site recycling of construction debris and/or materials shall only be allowed in conjunction with an approved development permit which sets forth the conditions applicable to such activity.

(Ords. 26248, 26455.)

A.

Any proposed development of real property that will create, on or above ground through installation, construction, or replacement, five thousand (5,000) square feet or more of impervious surface including within the public right of way shall be designed, comply, and be maintained in conformance with City Council Policy 6- 29, Post Construction Urban Runoff Management City Council Policy 8-14 Post- Construction Hydromodification Management, and the provisions of this Code.

B.

Any proposed development of real property that will require the demolition of a structure shall comply with City Council Policy 6-28, Management of Pollutants During the Demolition of Applicable Projects and all other requirements of federal and state law, rule or regulation, and this Code.

(Ord. 30906.)

A.

All development projects with an approved Development Permit shall conform with the City of San José National Pollutant Discharge Elimination System (NPDES) Storm Water Permit and shall include Best Management Practices (BMPs) as specified in Council Policy 6-37, Projects Disturbing Less than One Acre: Construction Best Management Practices, to control the discharge of storm water pollutants, including sediments associated with construction activities.

B.

Prior to the issuance of a grading permit, the applicant may be required to submit an Erosion Control Plan to the City Project Engineer, Department of Public Works.

C.

The Erosion Control Plan shall comply with Council Policy 6-37, Projects Disturbing Less than One Acre: Construction Best Management Practices, to reduce impacts on the City's storm drainage system from construction activities.

(Ords. 26248, 26789, 31082.)

A.

All development projects with an approved development permit that result in a land disturbance of one (1) acre or more shall, prior to the commencement of any clearing, grading or excavation, comply with the City of San José National Pollutant Discharge Elimination System (NPDES) General Construction Activities Permit as follows:

1.

The applicant shall develop, implement and maintain a storm water pollution prevention plan (SWPPP) to control the discharge of storm water pollutants including sediments associated with construction activities.

2.

The applicant shall file a notice of intent (NOI) with the state water resources control board (SWRCB).

B.

Along with these documents, the applicant may also be required to prepare an erosion control plan. The erosion control may include BMPs as specified in the California Storm Water Best Management Practice Handbook for reducing impacts on the city's storm drainage system from construction activities.

C.

Prior to the issuance of a grading permit, the applicant shall submit copies of the NOI and erosion control plan (if required) to the city project engineer, department of public works.

D.

The applicant shall maintain a copy of the most current SWPPP on site and shall provide a copy to any city representative or inspector on demand.

E.

The applicant shall implement and maintain all best management practices (BMPs) or control measures identified in the SWPPP and/or erosion control plan.

F.

Any proposed development of real property that will create, on or above ground through installation, construction, or replacement of one acre or more of impervious surface shall be designed in conformance and comply with City Council Policy No. 8-14, entitled Post-Construction Hydromodification Management, and the provisions of this chapter.

(Ords. 26248, 26789, 26995, 28301, 30906.)

A.

Any development permit holder may, at any time, file an application form for a permit amendment with the director. An amendment shall mean any addition, deletion, or modification of any development permit, provided that such amendment does not alter the general character, use, or intensity of the development permit to be amended.

B.

The procedures set forth in this chapter for the processing of an application for a development permit shall equally apply to an application for amendment except as hereinafter expressly set forth. The review of the application for an amendment shall be limited to consideration of those conditions or specifications proposed to be amended in the application.

(Ord. 26248.)

A.

The director may, at the director's sole discretion, approve an adjustment for the following elements of a previously-issued development permit, subject to and in accordance with the provisions of this section:

1.

General Extensions. An extension of the term of an approved development permit for a period of up to but not exceeding one year; provided, that no more than two such term extensions may be approved for any development permit.

2.

Changes to an approved development permit, but only for minor modification of architectural elements or landscape details, (including but not limited to minor storefront alterations, relocation of doors, equipment screening, minor landscape furniture and structures, benches, small trellises, and planters) which do not affect the use, intensity, general character, architectural style, circulation or other site function of the project.

3.

Signs which conform to Title 23, minor changes to approved sign programs, and sign programs that are a condition of a development permit.

4.

Additions, accessory buildings and minor structures such as trellises, patio covers, swimming pools and decks for one-family residences which were approved and are subject to an existing planned development permit, site development permit, or a low density cluster permit issued under previously existing provisions of this title.

5.

Building mounted wireless communications antenna.

6.

Tract sales, model homes sales, or leasing offices associated with an approved housing development.

7.

Temporary construction or storage yards in connection with the construction of houses or other buildings in an adjacent subdivision or lot or parcel.

8.

Solar photovoltaic systems.

9.

The creation, on or above ground through installation, construction, or replacement, of less than one gross acre of impervious surface.

10.

The replacement, repaving, reconfiguration, or re-striping of parking spaces on existing surfaces.

11.

Building additions of less than five thousand square feet in area to nonresidential buildings, except that the maximum building addition size for a fast food restaurant, a twenty-four-hour convenience market, or a convenience market with gas pumps shall be one thousand square feet in area and the maximum building addition to a bank with a drive through shall be three thousand square feet in area.

12.

Generators meeting performance standards for noise and air pollution.

13.

Above-ground storage tanks of two thousand gallons or less in zoning districts other than industrial zoning districts and an above-ground storage tank of twenty thousand gallons or less in an industrial zoning district.

14.

Building additions of less than two hundred square feet in total area or less than ten percent of the building area prior to the addition, whichever is smaller, to two-family dwellings, provided that current parking regulations are being met and would continue to be met after the completion of any addition.

15.

The conversion of on-site vehicle parking to landscaping or outdoor seating (maximum 50 seats) or other outdoor activity areas associated with an on-site business in conformance with 20.40.520 and 20.55.201.1 as long as the site meets minimum on-site bicycle parking requirements, and

a.

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

b.

Seating areas shall be differentiated from parking area through grade differentials (minimum 6 inches) or permanent barriers; and

c.

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

d.

Outdoor dining area or other outdoor activity areas associated with an on-site business only replaces parking spaces and does not affect drive aisles; and

e.

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

B.

Adjustments may be issued only where issuance of the adjustment would be consistent and comply with all applicable local laws in effect at the time of issuance, including without limitation the city's general plan, the provisions of this title, and the provisions of Title 21 of this Code.

C.

An application for an adjustment must be filed on the form provided by the director on or before the date that is three business days prior to the expiration of the development permit proposed for adjustment and accompanied by the fees as set forth in the schedule of fees adopted by resolution of the city council.

D.

The decision to grant, deny or condition an adjustment is an administrative determination and requires no hearing or notice. The action of the director shall be final, and nothing herein shall be deemed or construed to confer on an applicant a right to an adjustment or to require the director to issue an adjustment. If the director denies an adjustment, nothing herein shall preclude the applicant from thereafter filing an application for an appropriate development permit.

E.

Where property was developed prior to the requirement of a site development permit, adjustments for projects as set forth in Section 20.100.610(A) may be approved without the necessity of the issuance of a full site development permit.

F.

If a structure or site is designated on the City of San José Historic Resources Inventory pursuant to Chapter 13.48 of Title 13 of this Code as a city landmark structure and/or a structure located in a city landmark historic district, then proposed work that is within the parameters outlined in Section 13.48.340D. of Part 3 of Chapter 13.48 of Title 13 of this Code shall be governed by and considered pursuant to the provisions of Chapter 13.48 that require issuance of a historic preservation permit or historic preservation permit adjustment. Notwithstanding the provisions of this Section 20.100.500 setting forth the requirements for development permit adjustments, no additional development permit adjustment issued pursuant to Title 20 of this Code shall be required for work performed on a site or structure that is designated as a city landmark structure, or on a structure located in a city landmark historic district, for which a historic preservation permit or historic preservation permit adjustment has been issued.

(Ords. 26248, 26388, 26455, 26456, 26820, 26995, 27075, 27757, 27851, 28282, 28320, 28448, 28460, 28576, 28686, 29011, 29054, 29785, 30282, 30603, 30857, 31079.)

A.

The purpose of this part is to promote orderly development, to enhance the character, stability, integrity and appearance of neighborhoods and zoning districts, to maintain and protect the stability and integrity of land values, and to secure the general purposes of this title and of the San José General Plan.

B.

In order to accomplish the purpose, it is necessary for the city to review and regulate the aesthetic and functional aspects of structures and sites and to require, as the city determines necessary, the aesthetic and functional improvements to the site and to any structures thereon and to require off-site improvements.

(Ords. 26248, 30603.)

A.

A valid site development permit, issued under this part, is required prior to the issuance of any building permit or installation permit for the following activities:

1.

Erection, construction, enlargement, placement or installation of a building or structure on any site, except for one one-family dwelling on a single lot or parcel that would be subject to Part 9 of Chapter 20.100 regarding requirements for a single-family house permit; or

2.

Erection, construction, enlargement, placement or installation of a one-family dwelling on a single lot or parcel as provided for in Section 20.100.1030(A)(4) regarding single-family house permits; or

3.

Exterior alteration of a building or structure; or

4.

Use of a lot for storage purposes; or

5.

Installation of pavement on any portion of a lot; or

6.

Underground installation.

B.

No single site development permit shall be issued for more than one site. However, the removal and relocation of a building from one parcel to another separate parcel located within the city requires a single application pertaining to both parcels pursuant to Section 20.100.650.

C.

The provisions of this part shall not apply:

1.

If a permit is expressly not required by Section 20.100.1030 of this title or a permit is issued under other provisions of this chapter unless procurement of a site development permit is made an express condition of such permit.

2.

If temporary structures or buildings are to be constructed on a lot situate in a CP, CN, CG commercial districts, or the downtown zoning districts, the IP, LI or HI industrial districts, or an A agricultural district and are intended to be and are used in connection with the sale of Christmas trees or Halloween pumpkins in accordance with this title, and remain on the site only for the temporary period specified for such uses in this title.

3.

If the underground installation is for the sole purpose of replacing an existing underground tank or tanks with a new tank or tanks whether or not total tank capacity on the site is increased.

4.

If skylights are installed on existing dwellings provided that the parcel has four or fewer dwellings.

5.

If the re-roof is installed on an existing building or structure which is not designated a historic landmark and does not involve any alteration to the existing roof line, provided that the material used in the re-roof meets all of the following conditions:

a.

Is of the same material or is of a replacement material(s) that is superior to or is an upgrade from the existing material in terms of quality, aesthetics or safety features as determined by the director of planning; and

b.

Meets or exceeds all applicable fire and building code requirements.

6.

Accessory structures on lots with one-family house, unless a permit is otherwise required by this title.

7.

A solar photovoltaic system mounted on the surface of an existing building or structure with a building permit in a manner that conforms to the provisions of this title.

(Ords. 26248, 26455, 26761, 26995, 27091, 28320, 30603.)

Upon finding of an application for a site development permit completed pursuant to this chapter, the director shall review the application and shall set a public hearing on the application. Development within the Mixed Use Neighborhood zoning district that uses the Alternate standards, pursuant to Section 20.55.104, requires a subdivision and cannot be acted upon unless they are submitted and acted upon at the same time.

(Ords. 26248, 30603.)

A.

In addition to any other findings required by any other section of this title, the director, the planning commission, or city council, as set forth in Table 20-260, shall grant the site development permit after review of project design, only if all of the following findings are made:

1.

The site development permit, as approved, is consistent with and will further the policies of the general plan and applicable specific plans and area development policies.

2.

The site development permit, as approved, conforms with the zoning code and all other provisions of the San José Municipal Code applicable to the project.

3.

The site development permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency.

4.

The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on-site are mutually compatible and aesthetically harmonious.

5.

The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.

6.

The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative affect on adjacent property or properties.

7.

Landscaping, irrigation systems, walls and fences, features to conceal outdoor activities, exterior heating, ventilating, plumbing, utility and trash facilities are sufficient to maintain or upgrade the appearance of the neighborhood.

8.

Traffic and pedestrian access are adequate.

B.

The director, the planning commission, or the city council, as set forth in Table 20-260, shall deny the application where the information submitted by the applicant or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ords. 26248, 26995, 27091, 29484, 29785, 30603, 30857.)

A.

Amendments to an approved site development permit may only be approved if there is a finding by the director, or planning commission on appeal, that the amendment does not negate any findings required by Section 20.100.630.

B.

Nothing in this section shall preclude the director, or the planning commission on appeal, from modifying, adding or deleting any condition in order to protect the public peace, health, safety, morals or welfare.

(Ords. 26248, 30603.)

A site development permit for the relocation of a building or part thereof onto a lot or parcel within the City of San José may be conditioned upon the applicant providing a performance bond, or some equivalent means satisfactory to the director of guaranteeing that all work permitted and/or required by the site development permit be completed in a timely manner. The permit shall include time limitations for the commencement and completion of the relocation, and for the commencement and completion of any required architectural and other required improvements.

(Ords. 26248, 30603.)

The appeal of any action taken under this part shall be governed by the procedures set forth in Sections 20.100.220 through 20.100.280.

(Ords. 26248, 30603.)

A.

The provisions of this part apply to and govern the issuance of all permits made subject to the provisions of this part. All permits governed under this part shall hereinafter be referred to as conditional use permits, and shall be issued by the planning commission or by the city council as described in this Chapter 20.100.

B.

Use exception permits, legal nonconforming use enlargement permits, permits for parking areas or structures in residence districts, development permits in the T-M district, quarry permits, cluster permits and low density cluster permits issued under previously existing provisions of this title shall be deemed to be conditional use permits and shall be governed by this part.

(Ords. 26248, 28731.)

Upon finding an application for a conditional use permit complete pursuant to this chapter, the director shall review the application and shall set a public hearing thereon before the planning commission or city council, as appropriate pursuant to the provisions of this Chapter 20.100.

(Ords. 26248, 28731.)

A.

In addition to any findings required by any other section of this title, the planning commission, or the city council, may issue a conditional use permit only after finding that:

1.

The conditional use permit, as approved, is consistent with and will further the policies of the general plan, applicable specific plans and area development policies; and

2.

The conditional use permit, as approved, conforms with the zoning code and all other provisions of the San José Municipal Code applicable to the project; and

3.

The conditional use permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency; and

4.

The proposed use at the location requested 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 site; or

c.

Be detrimental to public health, safety or general welfare; and

5.

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and

6.

The proposed site is adequately served:

a.

By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; or by other forms of transit adequate to carry the kind and quantity of individuals such use would generate; and

b.

By other public or private service facilities as are required.

7.

The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative affect on adjacent property or properties.

B.

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 such findings.

(Ords. 26248, 29690, 29785, 30857.)

A.

A conditional use permit may be time-conditioned, as appropriate, by the planning commission or city council.

B.

If the use authorized by the conditional use permit is discontinued for a period of 12 months, the conditional use permit will expire and the conditional use permit will no longer be in effect.

(Ord. 26248.)

A.

The permit holder may seek renewal of a time-conditioned conditional use permit by filing a timely renewal application on the form provided by the director.

B.

An application for renewal must be filed more than ninety calendar days but less than one hundred eighty calendar days prior to the expiration of the conditional use permit.

C.

Once a renewal application has been filed in a timely manner, the expiration date of the conditional use permit is automatically extended until either the issuance or denial of the application for renewal has become final.

D.

Any application filed after the renewal filing period has expired shall be deemed to be an application for a new conditional use permit. If a new conditional use permit is not issued prior to the expiration of the conditional use permit, the continuation of any use which requires such permit shall be in violation of this title.

E.

The procedures set forth in this chapter for the processing of an application for a conditional use permit shall equally apply to a renewal application except as hereinafter expressly set forth.

(Ord. 26248.)

A.

Consideration of a renewal application shall be based on a rebuttable presumption that the use as permitted by the conditional use permit meets the findings of this part.

B.

The presumption shall be rebutted by any evidence of noncompliance with any condition of any prior permit or law or ordinance, or by evidence of any changed condition in the neighborhood, or by evidence that the continued use creates a nuisance as defined by this title, or an impairment of public peace, health, safety, morals or welfare.

C.

Once the presumption has been rebutted, the conditional use permit shall not be renewed unless the findings required by this part have been made and the planning commission, or city council, is satisfied that full compliance with all conditions, laws and ordinances is assured.

(Ord. 26248.)

A.

An amendment may be granted by the planning commission, or the city council, upon a finding that the amendment does not negate any findings required by this part.

B.

Nothing in this section shall preclude the commission or the city council from modifying, adding or deleting any condition in order to protect the public peace, health, safety, morals or welfare.

(Ord. 26248.)

The appeal of any action taken under this part shall be governed by the procedures set forth in Section 20.100.220 - 20.100.280.

(Ord. 26248.)

The provisions of this part apply to and govern the issuance of all permits made subject to the provisions of this part. All permits governed under this part shall hereinafter be referred to as special use permits, and shall be issued by the director or by the planning commission on appeal from a decision of the director, except that the city council shall issue certain special use permits as identified in Section 20.100.220, Table 20-260 and for any project that requires certification of an environmental impact report for environmental clearance unless the project as proposed includes all mitigation measures identified in the draft environmental impact report for the project as necessary to reduce the impacts of the project to a less than significant level.

(Ords. 26248, 29484.)

Upon finding of an application for a special use permit completed pursuant to this chapter, the director shall review the application and shall set a public hearing on the application.

(Ord. 26248.)

A.

In addition to any findings required by any other section of this title, the director, planning commission or city council as appropriate, may issue a special use permit only if all the following findings are made:

1.

The special use permit, as approved, is consistent with and will further the policies of the general plan and applicable specific plans and area development policies; and

2.

The special use permit, as approved, conforms with the zoning code and all other provisions of the San José Municipal Code applicable to the project; and

3.

The special use permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency; and

4.

The proposed use at the location requested 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 site; or

c.

Be detrimental to public health, safety, or general welfare; and

5.

The proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate the use with existing and planned uses in the surrounding area; and

6.

The proposed site is adequately served:

a.

By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; or by other forms of transit adequate to carry the kind and quantity of individuals such use would generate; and

b.

By other public or private service facilities as are required.

7.

The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative affect on adjacent property or properties.

8.

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

B.

The director, planning commission, or city council as appropriate, 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, 29484, 29785, 30857, 31079.)

A.

A special use permit may be time-conditioned, as appropriate, by the director of planning, the planning commission or city council, as appropriate.

B.

If the use authorized by the special use permit is discontinued for a period of twelve months, the special use permit will expire and the special use permit will no longer be in effect.

(Ords. 26248, 27185, 29484.)

A.

The permit holder may seek renewal of a time-conditioned special use permit by filing a timely renewal application on the form provided by the director.

B.

An application for renewal must be filed more than ninety calendar days but less than one hundred eighty calendar days prior to the expiration of the special use permit.

C.

Once a renewal application has been filed in a timely manner, the expiration date of the special use permit is automatically extended until either the issuance or denial of the application for renewal has become final.

D.

Any application filed after the renewal filing period has expired shall be deemed to be an application for a new special use permit. If a new special use permit is not issued prior to the expiration of the special use permit, the continuation of any use which requires such permit shall be in violation of this Code.

E.

The procedures set forth in this chapter for the processing of an application for a special use permit shall equally apply to a renewal application except as hereinafter expressly set forth.

(Ord. 26248.)

A.

Consideration of a renewal application shall be based on a rebuttable presumption that the use as permitted by the special use permit meets the findings of this part.

B.

The presumption shall be rebutted by any evidence of noncompliance with any condition of any prior permit or law or ordinance, or by evidence of any changed condition in the neighborhood, or by evidence that the continued use creates a nuisance as defined by this title, or an impairment of public peace, health, safety, morals or welfare.

C.

Once the presumption has been rebutted, the special use permit shall not be renewed unless the findings required by this part have been made and the director, or planning commission, is satisfied that full compliance with all conditions, laws and ordinances is assured.

(Ord. 26248.)

The appeal of any action taken under this part shall be governed by the procedures set forth in Sections 20.100.220 through 20.100.280.

(Ord. 26248.)

The provisions of this part shall apply to and govern the issuance of planned development permits, commonly referred to as "PD permits" for planned developments in combined base and planned development districts, hereinafter also referred to in this part as "combined districts" or "planned development zonings." A planned development permit is a use permit as well as a permit which addresses aesthetic and functional aspects of development. Any planned development permit issued under this part shall be subject to the general provisions of this chapter related to development permits and the provisions of said section shall control over any inconsistent provisions of this part.

(Ord. 26248.)

Unless the base zone is being utilized:

A.

No building or structure shall be erected, constructed, enlarged, placed or installed or moved onto any site nor shall there be any exterior alteration of any structure which is in a planned development district, and no building permit or installation permit shall be issued for such work, except pursuant to and in accordance with a planned development permit.

B.

No use shall be added, changed, modified, enlarged or altered on any site which is in a planned development district except pursuant to and in accordance with a planned development permit.

C.

A planned development permit may be issued for all or any part of the property situated in a planned development district.

D.

A planned development permit or amendment to a planned development permit may be issued for:

1.

The use of new dwelling units, which are not yet occupied for residential purposes, as model homes or sales offices in connection with the sale of dwelling units in a planned development district.

2.

The use of structures, such as mobile homes, as sales offices in connection with the sale of dwelling units in a planned development district.

3.

The use of land in the planned development district for off-street parking or other uses incidental to the sales office or model home operation. Such use shall be limited to the duration of the sales office or model home operation.

E.

A planned development permit is not required for building additions, exterior alterations, and accessory structures on parcels eight thousand square feet or less which are used for single-family detached residential use if the additions, alterations, or structures:

1.

Meet the development regulations of the R-1-8 residence district; and

2.

The construction would not require the issuance of a single-family house permit, pursuant to Part 9 of this Chapter 20.100, if the property were not situated in a planned development zoning district; and

3.

The addition, alterations or accessory structures otherwise conform to the requirements of the planned development zoning district.

F.

A planned development permit is not required for mechanical equipment in planned development districts consisting solely of detached, one family dwelling uses. The setbacks for all mechanical equipment in these planned development districts must meet the setback requirements set forth in the particular planned development district. If no setback standards have been set forth for a particular planned development district, the setbacks requirements shall be those standards set forth in Section 20.60.080.

G.

A valid planned development permit or amendment, issued under this part, is required for the creation, replacement, alteration or reconfiguration of impervious surface on any portion of a site not used solely for one single-family residence or for the creation, replacement, alteration or reconfiguration of 10,000 square feet or more of impervious surface on any portion of a site used for one single-family residence within a planned development district.

(Ords. 26248, 26455, 26495, 26995, 30336, 30906.)

A.

Pursuant to and in accordance with the provisions of this part, the director, or the planning commission on appeal, may issue planned development permits. For projects which require certification of an environmental impact report for environmental clearance, the planning director or planning commission may issue planned development permits only if the project as proposed includes all mitigation measures identified in the draft environmental impact report for the project as necessary to reduce the impacts of the project to a less than significant level. The city council may issue planned development permits for projects which require certification of an environmental impact report for environmental clearance and the project as proposed does not include all mitigation measures identified in the draft environmental impact report for the project as necessary to reduce the impacts of the project to a less than significant level.

B.

Under no circumstances shall any applicant have the right to have a planned development permit issued for any property in a planned development district and nothing contained in this part shall, in any event or under any circumstances, be deemed or construed to confer on any applicant the right to have a planned development permit issued for any property.

(Ords. 26248, 29484.)

Upon finding of an application for a planned development permit complete pursuant to this chapter, the director shall review the application and shall set a public hearing on the application.

(Ord. 26248.)

A.

The director, the planning commission on appeal, or the city council as appropriate, may issue a planned development permit only if all of the following findings are made:

1.

The planned development permit, as issued, is consistent with and furthers the policies of the general plan; and

2.

The planned development permit, as issued, conforms in all respects to the planned development zoning of the property; and

3.

The planned development permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency; and

4.

The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious; and

5.

The environmental impacts of the project, including, but not limited to noise, vibration, dust, drainage, erosion, storm water runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties.

B.

The director, the planning commission on appeal, or the city council as set forth in Table 20-260 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, 26995, 29484, 29690, 29785.)

A.

Amendments may be granted at the discretion of the director, planning commission on appeal, or city council as appropriate upon a finding that the amendment does not negate any findings required by Section 20.100.940.

B.

Nothing in this section shall preclude the director, planning commission or city council from making reasonable modifications, additions or deletions to any condition in order to protect the public peace, health, safety, morals or welfare.

(Ords. 26248, 29484.)

The director shall not issue a planned development permit providing for public open space, and no planned development permit issued by the director which provides for public open space shall be valid, unless before the issuance of such permit, the city council shall have approved the provisions of such public open space and the size, shape, location, and dimensions thereof. As used in this part, "public open space" means public park or playground land which shall be owned in fee by the City of San José.

The city's title to and ownership of public open space shall be vested and complete as soon as such public open space shall have been conveyed to the city pursuant to the provisions of any planned development permit, and immediately upon such conveyance the city shall have exclusive right to the possession and use of such public open space for public park or playground purposes, including, without limiting the generality of the foregoing, the right to construct buildings or structures thereon for such purposes; and nothing contained in this part or in any other section of this title, shall be construed to defeat the title or ownership of city to any public open space which shall have been conveyed to the city, nor to deny the city such right of possession and use.

(Ord. 26248.)

A planned development permit for the relocation of a building or part thereof may be conditioned upon the applicant providing a performance bond, or some equivalent satisfactory to the director of planning, ensuring that all work permitted and/or required by the planned development permit be completed in a timely manner. The permit shall include time limitations on the commencement and completion of the relocation, and on the commencement and completion of any required architectural and other required improvements.

(Ord. 26248.)

The appeal of any action taken under this part shall be governed by the procedures set forth in Sections 20.100.220 - 20.100.280.

(Ord. 26248.)

A.

The purpose of this part is to promote orderly development, to enhance the character, stability, integrity and appearance of single-family neighborhoods and zoning districts, to maintain and protect the stability and integrity of land values, and to secure the general purposes of this title and the San José General Plan.

B.

In order to accomplish the purpose, it is necessary for the city to review and regulate the aesthetic and functional aspects of single-family houses and sites and to require, as the city determines necessary, aesthetic and functional improvements to the site and to any structures thereon and to require off-site improvements.

(Ords. 26248, 27076, 30603.)

The Single-family House Permit regulations shall only apply to single-family homes developed in the R-1, R-2 and RM zoning districts.

(Ord. 30603.)

For purposes of this part, "single-family house" means a structure designed and/or used as an R-3 occupancy as defined in the building code and otherwise designated a one-family dwelling elsewhere in this Code.

(Ords. 26248, 27076, 29785, 30603.)

For purposes of this part, "floor area ratio" means the gross floor area of the single-family house divided by the total lot area. Garages, basements and accessory structures are not included in the gross floor area for the purposes of this part. The floor area includes the sum of all the floors in the main structure measured to the outside surface of the exterior walls. It includes the stairwells at all floors and all areas that are greater than fifty percent enclosed with walls and covered.

(Ords. 26248, 27076, 29785, 30603.)

A.

A valid single-family house permit issued under this part is required prior to the issuance of a building permit for a single-family house that is a covered activity, as the terms building permit and covered activity are defined in Sections 18.40.210 and 18.40.220 of Chapter 18.40 of Title 18 of this Code, if:

1.

The single-family house is located within one hundred feet of a riparian corridor as measured from top of bank or vegetative edge, whichever is greater; and

2.

The single-family house site is equal to or greater than one-half acre in size. Proof of payment of all applicable fees that are required under Title 18Chapter 18.40 of this Code must be submitted to the director prior to issuance of a building permit for any project that is subject to payment of fees under Part 3 of Chapter 18.40 of Title 18 of this Code.

B.

A valid single-family house permit issued under this part is required prior to the issuance of a building permit for the following activities, unless specifically exempted by Subsection D. below:

1.

Erection, construction, enlargement, placement or installation of a single-family house on any site; or

2.

Exterior alteration of a single-family house.

C.

A valid single-family permit issued under this part is required if the project results in the creation, replacement, alteration or reconfiguration of 10,000 square feet or more of impervious surface on a site used for a single-family house, regardless of whether a building permit or grading permit is required. Such project is subject to City Council Policy No. 6-29, entitled City Council Policy on Post Construction Urban Runoff Management. The project is also subject to the administrative procedures set forth in this part unless the project otherwise requires a public hearing.

D.

No single-family house permit is required under Subsection B. above if any of the following applicable criteria and conditions is met:

1.

The issuance of the building permit will result in a single-family house in any residential district with a floor area ratio equal to or less than forty-five hundredths or height equal to or less than thirty feet and/or equal to or less than two stories; or the site is not an historic resource listed on the historic resources inventory pursuant to Chapter 13.48 of Title 13 of this Code.

2.

The site is located in a planned development zoning district. All construction in a planned development zoning district shall be governed by the provisions of Part 8 of this chapter that may require issuance of a planned development permit for the review of any single-family house construction, addition, or alteration.

3.

The issuance of building permits is for exterior alterations or maintenance of an existing single-family house which alterations or maintenance:

a.

Would not expand the exterior footprint or increase the overall square footage of the existing single-family house or result in height that is greater than thirty feet and/or greater than two stories; and

b.

Meet the development regulations of the R-1-8 residential zoning district; and

c.

If the house is listed as a historic resource on the city's historic resources inventory, would solely repair pieces of existing features on a single-family house that is a historic resource, but is not a city landmark or located in a city landmark historic district, with like materials of the same size, shape, pattern and substance and in a manner that fully conforms to approved design guidelines.

4.

The single-family houses are approved with a single site development permit issued pursuant to Part 5 of this chapter. A site development permit may be approved if the site is located:

a.

In an R-1 residential zoning district; and

b.

Includes construction of more than five new single-family houses.

5.

The issuance of building permits will result in a single-family house in any residential zoning district with a floor area ratio equal to or less than forty- five hundredths and a height greater than thirty feet and/or two stories, provided that all of the following additional criteria or conditions are met:

a.

The proposed house will be located on a site within a flood zone with a one hundred-year flood depth that requires elevation of the first finished floor of the proposed house to a height of at least five feet above grade; and

b.

The height of the proposed house will be equal to or less than thirty feet plus the required one hundred-year flood depth elevation or the maximum height of the residential zoning district in which the proposed house will be located, whichever height is less; and

c.

The site is not an historic resource listed on the historic resources inventory pursuant to Chapter 13.48 of Title 13 of this Code.

6.

The issuance of building permits is for a solar photovoltaic system mounted on the surface of a single-family house in a manner that conforms with the provisions of this title.

E.

If the site is a historic resource listed on the historic resources inventory of the city pursuant to Chapter 13.48 of Title 13 of this Code and the site is a city landmark house and/or a house located in a city landmark historic district, then all work performed on a city landmark or in a city landmark historic district shall be governed by the provisions of Chapter 13.48 of Part 3 of Title 13 of this Code that require issuance of a historic preservation permit. No single-family house permit shall approve work performed on a city landmark house or a house located in a city landmark historic district.

(Ords. 26248, 26455, 27076, 27279, 27378, 28320, 29785, 30603, 30906.)

A.

Issuance of a single-family house permit subject to the administrative procedures set forth in this part is required if the issuance of a building permit will result in a single-family house that is a historic resource, but is not a city landmark or located in a city historic district, with a floor area ratio equal to or less than forty-five hundredths, or if the issuance of a building permit is for minor modifications involving incidental enlargement, reconstruction, replacement, repair, remodeling, rehabilitation, restoration and/or exterior alteration of a historic resource, that fully conforms to approved design guidelines, and does not affect the historic significance or character, use, intensity, architectural style, circulation or other site function of the property.

B.

Issuance of a single-family house permit is subject to the administrative procedures set forth in this part, if the issuance of the building permit will result in a single-family house with a floor area ratio greater than forty-five hundredths but equal to or less than sixty-five hundredths, and all of the following applicable criteria are met:

1.

Building permit does not authorize removal of more than fifty percent of the exterior walls of an existing house;

2.

Building permit is for an addition to an existing house and the addition is for either one or both of the following:

a.

A single story and ground floor addition; and/or

b.

A second-story addition which results in a second story which is no larger than sixty percent of existing first floor area and which is set back ten feet from the required front setback;

c.

A first-story or second-story infill addition into an existing space within a house constructed prior to requirement to obtain a single-family house permit for certain single-family construction.

3.

Building permit does not authorize the enclosure or net loss of ten percent or more of an existing porch;

4.

Building permit authorizes an attached garage only if the houses on each side of the subject lot have existing attached garages;

5.

Building permit requires the roofline, materials, trim and decoration details of the new construction to be the same as that on the existing house;

6.

Building permit authorizes alteration to a single-family house that is a historic resource but is not a city landmark or located in a city landmark historic district, which alterations fully conform to or exceed approved design guidelines.

C.

Subject to the provisions of Section 20.100.1030, if the issuance of a building permit will result in a single-family house with a floor area ratio greater than forty-five hundredths and all the applicable criteria of either Subsection 20.100.1040 A or 20.100.1040 B are not met, issuance of a single-family house permit shall be subject to the director public hearing procedures set forth in this part.

(Ords. 26248, 26455, 27076, 27279, 27378, 29785, 30133, 30516, 30603.)

Subject to the provisions of Section 20.100.1030 A.5, if the issuance of a building permit will authorize new construction greater than thirty feet high and/or two stories tall, the single-family house permit is subject to the director public hearing procedures set forth in this part.

(Ords. 26248, 27076, 27279, 29785, 30516, 30603.)

For any application for a single-family house permit which is subject to the administrative approval procedures:

A.

The director may, in the director's sole discretion, approve an administrative level single-family house permit.

B.

The decision is an administrative determination and requires no hearing or notice.

C.

The action of the director is final. If the application is denied, nothing in this section shall preclude the applicant from filing an application for a director approval pursuant to this part.

(Ords. 26248, 27076, 30603.)

For any application for a single-family house permit which is subject to the director public hearing procedures:

A.

Upon finding an application for a single-family house permit completed pursuant to Part 1 of this chapter, the director shall review the application and shall set a public hearing on the application.

B.

The director shall cause notice of the time and place, at which all persons may appear before the director and be heard, to be given in accordance with Section 20.100.190.

C.

The director, or planning commission on appeal, may approve, conditionally approve, or deny the application only upon making the findings set forth in this part.

(Ords. 26248, 27076, 30603.)

Any action taken by the director under this part may be appealed to the planning commission by filing with the director a written notice of appeal within ten calendar days after a copy of the decision of the director has been placed in the mail to the applicant. The applicant or any property owner or tenant of property within three hundred feet of the subject site may file such a notice of appeal. When such notice has been accepted by the director for filing:

A.

The director shall set a date for the public hearing before the planning commission.

B.

The director shall cause notice of the time and place, at which all persons may appear before the director and be heard, to be given in accordance with Section 20.100.190.

C.

The decision of the planning commission shall be mailed to the applicant, at the address shown on the application, and to all persons eligible to appeal who have requested such notice pursuant to Section 20.100.200.

(Ords. 26248, 27076, 29785, 30603.)

A.

The director, or planning commission on appeal, shall grant the single-family house permit only after making the following applicable findings:

1.

The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on-site are mutually compatible and aesthetically harmonious.

2.

The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.

3.

The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties.

4.

For projects that require a single-family house permit under Section 20.100.1030 A. of this part, the director, or the planning commission, as set forth in Table 20-260, shall grant the single-family house permit after review of project design, only if the director or the planning commission finds that the project complies with Title 18, Chapter 18.40 of this Code.

5.

For projects that require a single-family house permit under Section 20.100.1030 C. of this part, the director shall grant the single-family permit only if the director finds that the project complies with Chapter 20.95 of this Code.

B.

The director, or planning commission on appeal 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, 27076, 29785, 30603, 30906.)

A.

Notwithstanding any contrary provision of this part, no single-family house permit shall be required for the construction of a single-family house if:

1.

A special use permit for demolition of an existing single-family house was approved prior to December 31, 2000; and

2.

Plans for the replacement single-family house were submitted as part of the special use permit application; and

3.

Building permits are obtained prior to December 31, 2000.

B.

Construction of the single-family house shall be in conformance with the plans submitted as part of the special use permit application.

C.

If an appeal of a special use permit is heard after the effective date of this part, the plans for the replacement dwelling may be evaluated and considered as part of the appeal. The planning commission on appeal shall approve the plans for the replacement single-family home.

(Ords. 26248, 27076, 30603.)

Notwithstanding any contrary provision of this part, no single-family house permit shall be required for the construction of a single-family house(s) if:

A.

The single-family house is situated on a lot created by a final map for twenty-five or more lots in an R-1 residential zoning district which was approved after January 1, 1999, and prior to the effective date of this part; and

B.

Building permits for the single-family house(s) are issued prior to December 31, 2000.

(Ords. 26248, 27076, 30603.)

The provisions of this part apply to and govern the issuance of all permits made subject to the provisions of this part. All permits governed under this part shall hereinafter be referred to as administrative permits, and shall be issued by the director.

(Ords. 26248, 26455.)

In addition to the requirements of Section 20.100.110, an application which includes a utility structure shall be signed by the utility provider. The utility provider shall submit the following with the application:

1.

Evidence that the utility provider has provided, at least ten days' prior to application submittal to the city, written notice to the owner(s) and occupant(s) of the underlying residential real property for which the application is submitted, and all owners and occupants of residential real property abutting that residential real property, which notice includes of all of the following information:

a.

The location for the placement of the utility structure; and

b.

The physical dimensions of that utility structure; and

c.

The anticipated dates that work will be occurring on the real property, together with the nature and length of any service interruptions that may affect the residential real properties receiving the notice required pursuant to this section; and

d.

A current and valid phone number of a contact person for the utility provider who will be available during specified reasonable hours and can be contacted if issues arise in connection with the utility structure; and

e.

Notice that the utility provider is first required to obtain an administrative permit from the city for the utility structure prior to commencement of construction.

2.

Evidence of the private, public utility or public service easement; and

3.

A comprehensive network plan showing the locations of each utility structure planned by the provider.

(Ords. 26248, 28828.)

Any administrative permit for a utility structure approved pursuant to this part shall contain the applicable conditions set forth in Part 19 of Chapter 20.80.

(Ords. 26248, 26455.)

A.

Whenever an administrative permit is denied hereunder, the director shall notify the applicant in writing of the grounds upon which such denial is based.

B.

The applicant may seek a special use permit, or conditional use permit where otherwise required, if an administrative permit has been denied.

(Ords. 26248, 26455, 29546.)

A.

A copy of the permit issued hereunder shall be conspicuously posted on a window, door, or other appropriate location of the business premises in a manner visible to the public at all times. The permit shall notify the public that any complaints with regard to the use authorized by such permit may be reported to the director.

B.

Notwithstanding Subsection A. above, a permit for a utility structure does not need to be displayed. However, the permit number, or other mutually agreeable identification system, shall be permanently displayed on a readily visible location on the structure.

C.

Notwithstanding Subsection A. above, a copy of the permit issued for an unattended collection container shall be conspicuously displayed in a publicly visible location on the unattended collection container.

D.

Notwithstanding Subsection A. above, a permit for a tap room and tasting room, conversion of parking to outdoor dining or TDM Plan Modification does not need to be displayed.

(Ords. 26248, 29265, 30857.)

A.

A permit issued pursuant to this part shall be initially issued for a period of up to three years, except that a permit for an unattended collection container shall be initially issued for a period of up to one year. Whenever a permit is reissued, it may be granted for a period of up to five years, except that a permit reissued for an unattended collection container shall be issued for a period of up to one year. The applicant shall submit an application for a new permit term at least fifteen days prior to the expiration of the term of any permit issued hereunder.

B.

Notwithstanding Subsection A. above, a permit for a utility structure, tap room and tasting room, conversion of parking to outdoor dining or TDM Plan Modification shall have no time limit.

(Ords. 26248, 29265, 30857.)

A.

A permit issued hereunder may not be transferred or reassigned.

B.

Notwithstanding subsection A. above, a permit for a utility structure, tap room and tasting room, conversion of parking to outdoor dining or TDM Plan Modification may be transferred.

(Ords. 26248, 30857.)

Pursuant to and in accordance with the provisions hereinafter set forth in this part, the director or the planning commission on appeal may, but shall not under any circumstances be required to, grant the following variances and exceptions:

A.

Development variance.

1.

Variances hereinafter referred to as "development variances," to the height, number of stories, frontage, setback, coverage, density, area, off-street parking, fencing, loading and landscaping requirements and regulations of this title.

B.

Development exception.

1.

Certain exceptions, hereinafter referred to as "development exceptions" as follows:

a.

Exceptions permitting an incursion by buildings or structures of up to, but not more than, five feet into the rear setback area prescribed by this title, provided, however, that no exception granted hereunder shall permit the vertical projection of any building or structure to be closer than ten feet, measured horizontally, to the rear property line.

b.

Exceptions permitting church steeples, church bell towers, church roofs, wireless communication antenna and associated structures which exceed in height the height limitations prescribed in this title; provided, however, that the following exception from these provisions shall apply.

i.

Wireless communication antennae that meet the height limitations of Section 20.80.1900 or 20.80.1910, as applicable, shall not be subject to the development exception requirements set forth in this part.

c.

Exceptions from the area requirements for a lot or parcel in any residential district having an area of less than three thousand square feet, provided such area is not less than the area of such lot or parcel on March 1, 1977 (or, if the lot was created after March 1, 1977, then as approved by the city) and that no such exception shall permit any diminution in such area and provided further that if such lot or parcel has or is to have a structure or structures thereon, no such exception shall be issued for such lot or parcel unless all such structures are dwelling structures or structures accessory thereto, and all such structures comply with the height and setback requirements of this title. An exception permitted by this subsection may be issued at the same time as an exception provided for in Subsection 1. above.

d.

Exceptions to the off-street parking and loading requirements and regulations of this title.

(Ords. 26248, 26761, 27468, 29217, 30190, 30282, 30336.)

Upon finding of an application complete pursuant to this chapter, the director shall review the application and shall set a public hearing on the application.

(Ords. 26248, 29217.)

A.

Development variance. Neither the director, nor the planning commission on appeal, shall grant a development variance, except for fencing, unless it is found that:

1.

Because of special circumstances uniquely applicable to the subject property, including (but not limited to) size, shape, topography, location, or surroundings, but expressly excluding any consideration of:

a.

The personal circumstances of the petitioner; or

b.

Any changes in the size or shape of the subject property made or occurring while the subject property was situate in the zoning district in which it is situated at the time of the filing of the petition, regardless of whether such changes were caused by the petitioner or his predecessors in interest, the strict application of the requirements and regulations prescribed in this title and referred to in Section 20.100.1300A., deprives such property of privileges enjoyed by other property in the vicinity of and in the same zoning district as the subject property; and

2.

The variance, subject to such conditions as may be imposed thereon, will not impair:

a.

The utility or value of adjacent property or the general welfare of the neighborhood; and

b.

The integrity and character of the zoning district in which the subject property is situated.

B.

Fence variance. Neither the director, nor the planning commission on appeal, shall grant a fence variance unless it is found that:

1.

Because of special circumstances uniquely applicable to the subject property, the strict application of the requirements and regulations prescribed in Part 6 of Chapter 20.30 of the title deprives such property of privileges enjoyed by other property in the vicinity of and in the same zoning district as the subject property. The special circumstances to be considered include, but are not limited to, size, shape, topography, location or surroundings of the subject property.

a.

In the case of a corner lot, special circumstances to be considered under the subsection above include the fact that the legal front lot line of the corner lot does not serve as the actual front entry into the residence.

b.

The fence variance for a side corner lot shall not be granted unless it is found that the fence variance will not result in an adverse impact upon the neighboring properties any differently than if the side corner lot line were the actual front lot line.

2.

The fence variance, subject to such conditions as may be imposed thereon:

a.

Will not substantially impair the utility or value of adjacent property or the general welfare of the neighborhood; and

b.

Will not substantially impair the integrity and character of the zoning district in which the subject property is situated.

C.

Development exception. Neither the director, nor the planning commission on appeal, shall grant a development exception unless it is found that the exception, subject to such conditions as may be imposed thereon, will not impair:

1.

The utility or value of adjacent property or the general welfare of the neighborhood; and

2.

The integrity and character of the zoning district in which the subject property is situated.

(Ords. 26248, 29217.)

Any variance or exception permit issued pursuant to this part may include any conditions reasonably necessary to secure the general purposes of this title. Without limiting the generality of the preceding sentence, such conditions may include time limitations on the commencement of the use of the variance or exception, architectural and site improvement approval, specifications on materials to be used, street right-of-way dedications, street improvements, and revocation for failure to comply with conditions.

(Ord. 26248.)

For sidewalk seating or parklets in the public right-of-way refer to the procedures for encroachment permits set forth in Chapter 13.37 of Title 13 of this Code.

(Ord. 30321.)

A.

The provisions of this part apply to and shall govern the issuance of zoning code verification certificates, which certificates are required whenever the provisions of this title so mandate.

B.

The director is authorized to issue a zoning code verification certificate in accordance with the provisions of this part.

(Ord. 28958)

The purpose of this part is to provide for a ministerial process by which the director can provide ministerial confirmation of the compliance of a site with the applicable provisions of this title.

(Ord. 28958)

A.

The application for a zoning code verification certificate shall comport with the processes and requirements, including without limitation the payment in full of applicable fees, set forth in Parts 1 and 2 of this Chapter, provided, however, that no public hearing on a zoning code verification certificate is required.

B.

The application for a zoning code verification certificate for a Cannabis Business, as defined in Section 6.88.206 of Title 6 of this Code, shall not be accepted until the City Manager has confirmed the initiation of the registration process under Chapter 6.88 of Title 6 of this Code.

(Ords. 28958, 30727)

A.

The director shall issue, or cause the issuance of, a zoning code verification certificate when the director determines that the application evidences full compliance with all of the applicable provisions of this title.

B.

The director shall not issue, nor allow the issuance of, a zoning code verification certificate when the director determines that the application evidences noncompliance with any applicable provision of this title.

C.

The director shall not issue, nor allow the issuance of, a zoning code verification certificate for a Medical Cannabis Dispensary Site Only, Medical Cannabis Dispensary, or Cannabis Retail Storefront in Council District 7.

D.

The director's determination under this section shall be in writing, in the form of issuance of a zoning code verification certificate or a writing describing the noncompliance that prevents the issuance of a zoning code verification certificate.

E.

The director's determination under this section shall be final.

F.

The zoning code verification certificate for a Cannabis Business, as defined in Section 6.88.206 of Title 6 of this Code, will cease to be operative if any of the following apply:

1.

The registration of the Cannabis Business is deemed null and void pursuant to Section 6.88.350 of Title 6 of this Code; or

2.

The Cannabis Business receives a Notice of disqualification as outlined in Section 6.88.330 of Title 6 of this Code; or

3.

If the Cannabis Business does not commence operations at the location, as specified on the zoning code verification certificate application, within a period of 24 months from the time of issuance.

(Ords. 28958, 30727)

A.

A Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall keep, or cause to be kept, a true and correct copy of the Zoning Code Verification Certificate issued by the Director for that Medical Cannabis Collective, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing (Business in legible condition, on the premises of that Medical Cannabis Collective, Medical Cannabis Collective, Dispensary Site Only, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business.

B.

A Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall present, or cause to be presented, the copy of its Zoning Code Verification Certificate to the City Manager or his/her designee, a City police officer or City code enforcement officer who is at the Site of the Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business immediately upon request.

(Ords. 29420, 29804, 30029, 30209.)

Editor's note— Ord. 30209, § 5, adopted 1-29-2019, amended § 200.100.1530, and in so doing changed the title of said section from "Availability of Certificate - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business" to "Availability of Certificate - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business," as set out herein.

A Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business shall apply for a new Zoning Code Verification Certificate whenever it intends to modify its operations in a manner that may impact compliance with the provisions and conditions set forth in this Title.

(Ords. 29420, 30029, 30209.)

Editor's note— Ord. 30209, § 6, adopted 1-29-2019, amended § 200.100.1535, and in so doing changed the title of said section from "Updated Certificate - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business" to "Updated Certificate - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business, or Cannabis Testing Business," as set out herein.

A Zoning Code Verification Certificate may not be transferred or assigned, except that a Zoning Code Verification Certificate may be transferred or assigned to another Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business that plans to operate on the same Site and has obtained a new or updated registration pursuant to Chapter 6.88 of the Code authorizing such transfer or assignment.

(Ords. 29420, 30029, 30209.)

Editor's note— Ord. 30209, § 7, adopted 1-29-2019, amended § 200.100.1540, and in so doing changed the title of said section from "Nontransferability - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, or Non-medical Cannabis Business" to "Nontransferability - Medical Cannabis Collective, Medical Cannabis Collective Cultivation Site Only, Medical Cannabis Collective Dispensary Site Only, Medical Cannabis Business, Non-medical Cannabis Business, Cannabis Manufacturing (Type 6) Business, Cannabis Distribution Business, or Cannabis Testing Business," as set out herein.