For the purposes of this title, certain words and phrases are defined and certain provisions shall be construed as set forth in this part, unless it is apparent from the context that a different meaning is intended.

(Ord. 26248.)

A.

"Accessory building" is a separate and subordinate building the use of which is purely incidental to that of the main building and which shall not contain living space, sleeping quarters, or storage space for commercial vehicles requiring additional registration fees as provided for in the state vehicle code. An "accessory building" shall be limited to two plumbing fixtures, such as sinks, bathtubs/showers, or toilets, and limited to unconditioned space as defined in Title 24 of the San José Municipal Code. For purposes of this section, water heaters, clothes washers, and clothes dryers are considered appliances and are not considered plumbing fixtures.

B.

Any improvement to real property shall be considered separate from the main building if it does not meet the following criteria:

1.

The structure shares a common wall with the main building; or

2.

The structure shares an integral roof structure having the same framing system and roof covering as the main building and is separated from the main structure by no more than ten feet and any given point.

(Ords. 26248, 26455, 29011.)

"Accessory structure" is a separate and subordinate structure which is open in nature and the use of which is purely incidental to that of the main building. Examples of such structure include but are not limited to fences seven feet or less in height, gazebos, arbors, trellises, and pergolas.

(Ord. 26248.)

"Activity" includes, but is not limited to:

1.

The use or storage in any business of any fixed or movable equipment,

2.

The use, storage, display, sale, delivery, offering for sale, production, or consumption in any business, or by any business invitee on the premises of the business, of any goods, wares, merchandise, products, or foods, or

3.

The performance in any business of any work or services.

(Ord. 26248.)

"Adult book/video store" is a building or portion thereof used by an establishment having as a substantial or significant portion of its stock in trade for sale to the public or certain members thereof, including but not limited to, books, magazines, other publications, videos, novelties, and which are distinguished or characterized by their emphasis on matter depicting, describing, relating to or used in "specified sexual activities" or "specified anatomical areas," as hereinafter defined.

(Ord. 26248.)

"Adult motion picture theater" is a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined, for observation by patrons or customers.

(Ord. 26248.)

"Adult entertainment establishment" is a building or portion thereof or area used for activities, performances, exhibitions, viewings and encounters featuring topless or bottomless dancers, strippers or similar entertainers for patrons or customers.

(Ords. 26248, 29631.)

"Alcoholic beverage" shall have the same meaning as is set forth for said term in Section 23004 of the Business and Professions Code of the state of California.

(Ord. 26248.)

"Alley" is a way which affords only a secondary means of access to abutting property.

(Ord. 26248.)

"Arcade, amusement game" is a building or portion thereof having within its premises:

1.

Ten or more amusement game devices, or

2.

Fifteen percent or more of the net floor area of the primary use used for amusement game devices; or

3.

Any number of amusement game devices when not utilized in conjunction with a primary commercial use that is permitted by right or as a conditional use.

Net floor area for the purpose of this definition is that area available for customer use.

(Ords. 26248, 29631, 30290.)

A.

"Amusement game device" is any electrical or mechanical apparatus or device for which payment is charged for use as a game or contest, including video games and pinball machines, but not including:

1.

Vending machines;

2.

Juke boxes;

3.

Pool tables and billiard tables as those terms are used in Section 6.56.010 of Title 6; and

4.

Peep show devices as defined in Section 6.80.010 of Chapter 6.80 of Title 6.

B.

The use of an amusement game device shall not be deemed to be "active and passive entertainment" as that term is used in this title.

(Ord. 26248.)

"Aquaculture" is the cultivation of aquatic animals or plants under controlled conditions in compliance with Title 7 of this Code as applicable. "Aquaponics" is the integration of aquaculture with hydroponics, in which the waste products from aquatic animals are treated and then used to fertilize hydroponically growing plants.

(Ord. 29312.)

"Area development policy" means any policy defined as such in the text of the General Plan of the City of San José, as amended.

(Ord. 29217.)

Editor's note— Section 20.200.111.5, which pertained to art display structures and derived from Ordinance 29631, was repealed by Ordinance 30290, passed August 6, 2019.

"Instructional art studio" is an establishment that offers instruction involving physical or artistic skills and techniques, including but not limited to dance, music, martial arts and fine arts.

(Ord. 28449.)

"Retail art studio" is a small-scale manufacturing establishment in which artistic items are manufactured from processed or unprocessed raw materials, where the finished product is sold on the premises and is non-combustible and non-explosive. Artistic items include but are not limited to pottery, ceramics, sculptures, and woodcarvings.

(Ord. 28449.)

"Bail bond establishment" means a business that collects a fee for obtaining the release of criminal defendants from jail by pledging money or property as a guarantee that the defendant will appear in a court of law.

(Ord. 28954.)

A "banquet facility" is a facility providing food service with tables and seating which is maintained and operated primarily for the purpose of serving a meal at a hosted party, banquet, or reception.

(Ord. 29218.)

A "base load power plant" is an electrical power generation facility that, regardless of fuel or energy source, is operated by a public utility or independent power producer and whose primary function is the provision of electricity to the electrical distribution system or transmission grid.

(Ords. 26388, 26456, 29218.)

A "basement" (or cellar) is that portion of a building below grade situate between grade and the upper surface of the floor next above, except that if said upper surface of the floor next above is more than six feet above grade, such portion shall be deemed to be a story of the building rather than a cellar or basement.

(Ord. 26248.)

"Bed and breakfast inn" is a commercial- residential use of an existing, owner-occupied residential structure of historical and/or architectural significance, providing visitor lodging on a short-term basis for a limited number of paying guests. A bed and breakfast inn must meet all the criteria set forth in Part 2 of Chapter 20.80.

(Ord. 26248.)

Editor's note— Section 20.200.140, which pertained to billiard rooms and derived from Ordinance 26248, was repealed by Ordinance 30290, passed August 6, 2019.

"Buildable area" is the area of a lot exclusive of the required setback areas.

(Ord. 26248.)

"Building" is any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. "Building" includes the word structure.

(Ord. 26248.)

"Building façade" means that exterior surface of a building facing a street or plaza.

(Ord. 28858.)

"Building frontage" means that portion of a building located adjacent to a street.

(Ord. 28858.)

"Build-to-line" means a line parallel to the front property line that designates the location for the façade of a building. For a corner lot in the pedestrian oriented zoning districts, the build-to-line for the primary street shall extend to the intersecting street.

(Ord. 28858.)

"Business support uses" are commercial uses intended to support the business needs in the area. Such uses include but are not limited to copy shops, mail centers, small business machine repair, records retention, shredding, and technical support centers.

(Ords. 26248, 29364, 30290.)

"Car-share" means a privately-operated automobile-sharing program.

(Ord. 29217.)

Editor's note— Section 20.200.180, which pertained to catalogues and mail orders and derived from Ordinances 26248 and 26455, was repealed by Ordinance 30290, passed August 6, 2019.

A person or company employed to provide and serve food for a large group and usually at a location separate from where the food is prepared. A caterer must provide customer interface, such as a showroom or area for sales and tasting, or may be combined with a public eating establishment.

(Ords. 30190, 30282.)

Editor's note— Ord. No. 30282, § 6, adopted June 25, 2019, amended § 20.200.181 and in doing so changed the title of said section from "Catering facility" to "Caterer," as set out herein.

A "certified farmers' market" means a food facility as defined under Section 27521 of the California Health and Safety Code, as the same may be amended from time to time, whose location and operation meet all of the following criteria and standards:

A.

Have been certified by the Santa Clara County agricultural commissioner through the issuance of a current and valid certified farmers' market certificate; and

B.

Are and remain in full conformance at all times with all state and local laws, and related regulations and guidelines, applicable to a certified farmers' market under Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code, as these state and local laws, regulations and guidelines may be amended from time to time.

(Ord. 29122.)

"Charge station" or "charging station" means a privately-operated facility that provides electrical power for charging motor vehicles directly, charging batteries which power motor vehicles, or other electrical power needed to operate motor vehicles.

(Ord. 29217.)

"Child day care center" is any child day care facility, including a preschool, other than a family day care home, which provides non-medical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis.

(Ord. 26248.)

A "Co-generation facility" means an energy or power generation facility that utilizes waste heat or another single primary energy source to generate at least two different forms of useful energy such as electricity, heat, steam, or some other form of energy or power to supply some of the energy or power needs of an individual building or group of buildings or some of the energy or power needs of another land use on a site. Electricity generated by a co-generation facility may be sold back to the electrical distribution system or transmission grid or to other end-users.

(Ords. 26388, 26456, 29364.)

A "Co-Living Community " is a residential facility where individual secure bedrooms rented to one or two persons, are provided for an established period of time with a lease agreement, in exchange for an agreed payment of a fixed amount of money. To be considered a Co-Living Community, shared full kitchen facilities must serve six (6) or more bedrooms, and must include interior common space excluding janitorial storage, laundry facilities and common hallways. An individual bedroom that contains a full kitchen facility is not a Co-Living Community for the purposes of this Section.

(Ord. 30227.)

A "collection facility" is a facility for the deposit or drop-off of recyclable materials. Such a facility does not do processing except limited baling, batching, and sorting of materials other than glass. Collection facilities include the following:

1.

A "small collection facility" is a facility that occupies an area of no more than five hundred square feet and that accepts by donation, redemption, or purchase beverage containers with California redemption value, metals, paper, and other recyclable materials, as defined in this chapter, except for motor oil and other hazardous materials. Acceptable recyclable materials are delivered to the site by the general public; and, such a facility does not accept materials from commercial vehicles. A small collection facility performs minimal preparation of recyclable material prior to transfer to a processing facility. Preparation may include baling, can flattening, or like methods use to reduce the mass of recyclables to facilitate efficient transport of materials.

A small collection facility may include mobile recycling units, unattended containers, boxes, cans, kiosk-type units, bulk reverse vending machines, roll-off bins, and/or other containers or receptacles. Such a facility also may include a properly licensed automobile, truck, trailer, or van.

2.

A "large collection facility" has all the characteristics of a small collection facility but may occupy an area greater than five hundred square feet.

(Ord. 26248.)

A "commercial kitchen" is a non-retail, food facility devoted to the commercial preparation, production, and cooking of food and beverages for off-site consumption.

(Ord. 30290)

"Commercial vehicle storage" refers to sites devoted to on-site storage of commercial vehicles, such as cars, vans, trucks, and buses.

(Ords. 26248, 30290.)

Editor's note— Ord. 30290, § 1, adopted Aug. 6, 2019, changed the title of § 20.200.210 from "Common carrier" to "Commercial Vehicle Storage," as set out herein.

A "common carrier depot" is a facility which is served by one (1) or more commercial vehicles and which is an intermediate destination of passengers, and at which facility, passengers are transferred from one (1) conveyance to another to resume their journeys, and which may include provision for the layover of such passengers and an office.

(Ords. 26248, 28460, 30290.)

"Common private open space" means lands which are privately owned, developed, and maintained for the recreational use and enjoyment in common by all of the owners (or occupants) of the lots into which the subject property is subdivided, and to which each of such owners (or occupants) has the same right of use and enjoyment.

(Ord. 26248.)

A "commercial composting facility" is a facility where waste organic matter, including leaves, brush, and other organic waste, decomposes in a controlled environment and is processed for reuse.

(Ord. 26248.)

"Convalescent hospital" is an establishment where for a minimum of forty hours per week, inpatient nursing care including bed care is provided and where other medical care may be provided for persons who are ill, injured, or infirm (physically or mentally), but excluding/persons with communicable disease. No outpatient care shall be provided.

(Ord. 26248.)

"Corner triangle" is the triangular area formed by the two street lot lines of a corner lot and their projection and a line connecting them at points forty-five feet measured at the outer edge of the curb L from the intersection of the projected lot lines measured at the outer edge of the curb.

(Ord. 26248.)

A Construction/Corporation Yard means a use providing for maintenance, servicing, or storage of motor vehicles, equipment, or construction materials/supplies, or for the dispatching of service vehicles; or distribution of supplies or construction material required in connection with a business activity, transportation service, or similar activity. This use may include accessory offices related to such activities.

(Ord. 30190.)

"Cottage food operation" means an enterprise run by a cottage food operator, as defined in Section 113758 of the California Health and Safety Code, as amended, that makes a cottage food product, as defined in Section 113871 of the California Health and Safety Code, as amended.

(Ord. 29218.)

"Data center" is a facility that houses computer systems and associated components, including but not limited to telecommunications and storage systems.

(Ord. 28321.)

The measurement of the number of housing units in an area or located on a specific parcel or lot. Density is typically expressed through the calculation of dwelling units per acre (du/ac). Dwelling units per acre shall be calculated by dividing the total number of dwelling units proposed under a single development permit by the total project site area, expressed in acres or fractions thereof. Total project site area shall be calculated pursuant to Section 20.200.413.

(Ord. 30603.)

"Development permit" means any permit issued pursuant to Chapter 20.100 of this title.

(Ords. 26248, 28296, 30321.)

"Director" as used in this title and not otherwise identified means the director of planning, building and code enforcement.

(Ord. 26248.)

"Downtown" or "downtown core area" means that area delineated as downtown on the land use/transportation diagram of the general plan of the City of San José as amended.

(Ords. 26248, 26455, 29364.)

A "drinking establishment" is any place where alcohol is sold, offered for sale, or served to patrons independent of any other activity, including but not limited to eating, entertainment, karaoke, etc.

(Ord. 26248.)

A "drive through use" is any use, except gasoline service stations, which are designed or operated to allow patrons, while outdoors on the premises in motor vehicles, to order, request, exchange, donate or receive goods, wares, merchandise, products, foods, beverages, or services.

(Ord. 26248.)

"Dwelling, one-family" or "one-family dwelling" is a detached building of permanent character placed in a permanent location which is designed or used for residential occupancy by one family. A single mobilehome on a foundation system on a single lot is included within this definition. All rooms within a one-family dwelling must be integral to each other.

(Ord. 26248.)

"Junior Accessory Dwelling Unit" or "Junior Accessory Dwelling" means a residential unit that is not more than five hundred (500) square feet in size, and contained entirely within an existing or proposed single-family structure and meets all of the requirements of Section 20.80.178. A Junior Accessory Dwelling Unit may include separate sanitation facilities, or may share sanitation facilities with the existing or proposed single-family structure.

(Ords. 30353, 30984.)

"Accessory Dwelling Unit" or "Accessory Dwelling" means an attached or detached residential dwelling which is ancillary to a One-Family, Two-Family, or Multiple-Family Dwelling and provides complete independent living facilities for one or more persons that include permanent provision for living, sleeping, eating, cooking, and sanitation on the same parcel as the One-Family, Two-Family, or Multiple-Family Dwelling is situated.

(Ords. 28284, 29821, 30353.)

"Tiny Home on Wheels" or "THOW" means a structure intended for separate, independent living quarters for one household that meets all of the following criteria:

1.

Is a detached self-contained unit, designed and built to look like a conventional building structure, and which includes basic functional areas that support normal daily routines such as cooking, sleeping, toilet, and bathing facilities; and

2.

Is licensed and registered with the California Department of Motor Vehicles; and

3.

Meets the American National Standards Institute (ANSI) 119.5 requirements or the National Fire Protection Association (NFPA) 1192 standards, and is certified for ANSI or NFPA compliance. Certification must be made by a qualified third-party inspector; and

4.

Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection and cannot move under its own power; and

5.

Is a minimum of 150 square feet and maximum of 400 square feet as measured within the exterior faces of the exterior walls.

(Ord. 30395.)

"Dwelling, two-family" and "two-family dwelling" is a building of permanent character, placed in a permanent location, which is occupied or designed, intended or arranged for occupancy, for residential purposes by two families living independently of each other, and which, in addition, is not occupied or used for any purpose other than as a residence for not more than two families living independently of each other or as a residence for said two families, living therein as aforesaid, and not more than two guests of each such family if the rental of rooms by each such family to its guests is clearly secondary and incidental to the occupancy of said building by such family as its residence.

(Ord. 26248.)

"Dwelling, multiple" is a building or portion thereof used or designed as a residence for three or more families living independently of each other, and doing their own cooking in said building.

(Ord. 26248.)

"Edenvale Development Policy Area" means that area within the corporate limits of the City of San José, consisting of approximately two thousand three hundred twelve acres, commonly referred to as Old Edenvale, generally bounded by Monterey Road to the northeast, Cottle Road to the west, Santa Teresa Boulevard to the south, and Bernal Road to the southeast, including the U.S. Highway 101, State Highway 85, Bernal Road/Silicon Valley Boulevard interchange, and New Edenvale, generally bounded by Silicon Valley Boulevard to the southeast, the hills to the northeast, U.S. Highway 101 to the southwest (between Silicon Valley Boulevard and Silver Creek Valley Road), Coyote Creek to the west (north of Silver Creek Valley Road), and both sides of Hellyer Avenue between Silver Creek Valley Road to the southeast and the Hellyer Avenue/Highway 101 interchange to the northwest, as specified and depicted in the Edenvale Area Development Policy adopted and as the same may be amended from time to time by the city council.

(Ord. 29447.)

"Efficiency living unit" means a small living unit of no more than five hundred square feet in area.

(Ords. 29011, 29821.)

An "emergency residential shelter" is a building, structure, or series of buildings or structures, where temporary lodging is provided to individuals and households experiencing homelessness, and where on-site supervision is provided whenever such shelter is occupied. For statutory provisions on emergency residential shelters generally, see Gov. Code § 65583 et seq.

(Ords. 26248, 31097; 31149.)

"Family" is one or more persons occupying a premises and living as a single housekeeping unit.

(Ord. 26248.)

"Family day care home" is any residential unit which regularly provides care, protection and supervision to fourteen or fewer children, or as set forth by the state, as an incident to the use of the unit by a family as its residence, for periods of less than twenty-four hours per day.

(Ord. 26248.)

"Fence" is any fence, hedge, wall, or other structure in the nature of a fence.

(Ord. 26248.)

"Financial Services" refers to companies which offer financial advice and services including but not limited to: investment banking, portfolio management, private equity, and venture capital. Financial services are distinct from retail banking in that there is limited customer interaction, typically by appointment only.

(Ord. 30290.)

"Fixed-base host" means any permitted use, other than a residential use, located within a permitted building or structure on the same parcel or lot and which shares parking, sanitary facilities, trash disposal and other support facilities with a vending facility or certified farmers' market.

(Ords. 26248, 29122, 29254.)

"Flag lot" is an interior lot accessed by a corridor having a street frontage of less than twenty-seven feet.

(Ords. 26248, 29254.)

A.

For the purpose of determining floor area ratio, the floor area of a building or buildings shall be the sum of the gross horizontal areas of the floor(s) of such buildings measured from the exterior faces of exterior walls or from the center line of common walls separating two (2) buildings and shall exclude:

1.

Basement space if the basement story height is less than 6 ft. above grade;

2.

Unenclosed stairwells at each floor;

3.

Floor space used for mechanical equipment where the structural headroom is less than 7½ ft.;

4.

Equipment, open or enclosed, located on the roof, such as bulkheads, water tanks and cooling towers;

5.

Attic floor space where the structural headroom is less than 7½ ft.;

6.

Underground parking structures;

7.

Accessory buildings.

B.

For the purpose of determining gross floor area for single-family dwellings refer to Section 20.100.1020.

C.

For the purposes of calculating parking requirements refer to Section 20.90.050.

(Ord. 30603.)

A.

The floor area of the building or buildings divided by the total project site area. For calculating the floor area ratio of a single-family home, refer to Part 10 of Chapter 20.100 - Administration and Permits. Total project site area is determined as follows:

1.

The area of land covered under a single development permit, exclusive of any area dedicated by the project for public right of way, public park, or public school purposes.

2.

Areas covered by sidewalk easements shall be included in the total project site area.

(Ord. 30603.)

A "food and goods distribution facility" is a facility that distributes food or goods in the form of meals, groceries, clothing, or other household items directly to a citizen in need. No compensation is accepted by a food and goods distribution facility or its staff for the distribution of said food or goods.

(Ord. 26495.)

"Foundation system" is an assembly of materials constructed below, or partially below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external natural forces.

(Ord. 26248.)

"Frontage" is the portion of all property abutting on a side of a street between two intersecting or terminating streets, or at the end of such street if it does not meet another.

(Ord. 26248.)

"Fuel cell" is an advanced energy conversion device that combines hydrogen-bearing fuels with airborne oxygen in an electrochemical reaction to produce electricity very efficiently and with minimal environmental impact.

(Ord. 29364.)

"Fuel service station" is a business establishment operated at a fixed location at which fuel is offered for sale at retail, and, when sold, is dispensed from fixed tanks by pump, or otherwise, directly into the fuel system storage tanks of automobiles or other motor vehicles.

(Ords. 26248, 30290.)

Editor's note— Ord. 30290, § 1, adopted Aug. 6, 2019, changed the title of § 20.200.440 from "Gasoline service station" to "Fuel Service Station," as set out herein.

"Guest" is any person who rents a room for sleeping purposes.

(Ord. 26248.)

"Guest room" is a room occupied or intended, arranged, or designed for occupation by one or more guests.

(Ord. 26248.)

"Guesthouse" means a building which is designed or used to accommodate a maximum of ten guests, where guest rooms are provided:

A.

For a fixed period of at least thirty consecutive calendar days, in exchange for an agreed payment of a fixed amount of money or other compensation based on the period of occupancy; or

B.

For incidental transient occupancy in compliance with Part 2.5 of Chapter 20.80.

(Ords. 26248, 29523.)

A "large guesthouse" is a residential use which has all of the characteristics of a guesthouse, and which accommodates eleven or more guests.

(Ord. 26248.)

A "hazardous waste facility" means a site, including all contiguous land and structures, used for the treatment, transfer, storage, resource recovery, or recycling of hazardous waste, as defined in California Health and Safety Code Section 25117.

(Ords. 26248, 26455.)

A "Health club, gymnasium" refers to a business which offers exercise equipment or exercise training sessions for the express purpose of physical exercise, typically in exchange for a regular reoccurring fee. The business may include a combination of retail sales and service uses related to exercise and fitness.

(Ord. 30290.)

The "height" of a structure at any point is the vertical distance between its top surface and the "grade" immediately below it. For purposes of this section, "grade" shall be determined as follows:

A.

For any point on the top surface of a structure, "grade" is the intersection of the vertical line, through said point, with a straight line which passes through:

1.

The vertical line, and

2.

The nearest point of the property line nearest to the vertical line, and

3.

A point on a second property line opposite to the first property line.

Said property lines shall be property lines of the same lot on which the structure being measured is constructed or installed and said property lines shall be assumed to lie on the surface of the finished ground elevation.

B.

When the point described in subsection A.2. or in subsection A.3. of this section is more than seventy-five feet from the nearest exterior surface of the structure, such point shall be moved along the same bearing, as was established pursuant to subsection A. of this section, to a point at finished ground elevation and seventy-five feet from said exterior surface.

C.

When there is an on or off-site retaining wall located within six inches of the property line at the point established by subsection A.2. or by subsection A.3., said point shall be moved along the same bearing, as was established pursuant to subsection A., to a point at finished ground elevation and twelve inches off-site.

(Ords. 26248, 26455.)

A "historic landmark structure" means a building or structure that the city council has designated a historic landmark on the Historic Resources Inventory or a building or structure individually listed on the California or National Register. A historic landmark structure includes the parcel on which the structure is located.

(Ord. 28791.)

A "home occupation" is a business or commercial activity which is conducted from or in a one-family dwelling, two-family dwelling, multiple dwelling, or mobilehome and which is clearly incidental to the use of the dwelling as a residence and which conforms to the criteria as set forth in Part 9 of Chapter 20.80 of this title.

(Ord. 26248.)

A "hospital" is an institution that maintains and operates facilities for inpatient medical care, including x-ray, laboratory and surgical, for the diagnosis, care and treatment of human illness, injury and disease (physical or mental). Outpatient care may also be provided.

(Ord. 26248.)

A "hotel" or "motel" is a commercial use with the following characteristics:

1.

Use of a guest room is based on an agreed payment of a fixed amount of money in exchange for use of the guest room for a fixed period of time.

2.

Meals may be provided with the lodging, but separate cooking facilities may be provided in no more than twenty-five percent of the guest rooms.

3.

No residential care or residential service as defined in Sections 20.200.1030 and 20.200.1040, respectively, may be provided.

4.

There are accommodations for one or more of the following:

a.

Four or more guests whose fixed payment is for a period of time not to exceed twenty-nine days.

b.

Four or more guests and there is an external entryway to four or more guest rooms.

c.

Thirteen or more guests, or eleven or more guest rooms, regardless of the period of payment.

(Ord. 26248.)

"Hotel supportive housing" is a provisional and incidental residential use in an existing commercial hotel or motel building, where not more than forty nine percent of the units, nor more than forty nine percent of the hotel or motel building floor area is used as supportive housing in accordance with Part 22 of Chapter 20.80.

(Ord. 29447.)

A full-service hotel or motel means a hotel or motel that includes at least one public eating establishment as defined in California Business and Professions Code Section 23038, or its successor, which public eating establishment is accessible from the interior of the hotel or motel.

(Ord. 29011.)

A 100% "deed-restricted affordable housing" development is a type of housing project designed to provide affordable housing to low-income households earning 80% or less of the Area median Income, and the term "deed-restricted" refers to the fact that the property is subject to certain restrictions and/or limitations recorded on the property to ensure long-term affordability of those units.

(Ord. 30984.)

"Employee Housing" as defined and regulated by the Section 17008, "Employee Housing Act," of the California Health and Safety Code.

A.

Pursuant to Section 17021.5 of the California Health and Safety Code, employee housing for up to six (6) persons per dwelling at one time may be permitted in a Zoning district that includes a one-family dwelling unit as an enumerated use, with the same permitting process applicable to a One-Family Dwelling.

B.

Pursuant to Section 17021.6 of the California Health and Safety Code, any employee housing consisting of no more than thirty-six (36) beds in a group quarter, or twelve (12) units or spaces designed for use by a single family or household, or any agricultural (farm) employee housing shall be deemed an agricultural land use for the purposes of this Section. Such use may be subject to a streamlined ministerial approval process and siting requirements pursuant to Section 17021.8 of the California Health and Safety Code.

(Ord. 30984.)

A "small household appliance" is a device or instrument such as a toaster, a television or a vacuum cleaner, which is:

1.

Carried by hand;

2.

Commonly used in a dwelling; and

3.

A finished good, not a component part, such as a motor or a thermostat, of another finished good.

(Ord. 26248.)

An "impervious surface" is any surface, on or above ground, that prevents the infiltration or passage of water into the soil. Impervious surfaces include, but are not limited to, non-absorbent rooftops, paved or covered patios, driveways, parking lots, paved walkways, compacted soil or rock, and streets.

(Ord. 26995.)

"Indoors" means within a building which has a roof composed of weatherproof material and which is enclosed on at least sixty-five percent of its perimeter with exterior walls composed of weatherproof materials.

(Ord. 26248.)

"Industrial services" includes establishments providing industrial services to individuals or businesses. This classification includes dry cleaning plants; metal, machine and welding shops; cabinetry and woodworking shops; furniture upholstery shops; and similar business engagements in custom fabrication and repair.

(Ords. 26248, 26455.)

"Information center" is a building or portion thereof or place where the primary purpose is providing information to the general public. Information may be communicated through a variety of means, including, but not limited to books, papers, audio, video, three-dimensional models, and the like for use either on or off the premises. The information may be offered free of charge or for sale. An information center is distinguished from a retail business in that the primary use is the dissemination of information, rather than the sale of retail items or services.

(Ord. 27091.)

"International Business Park Area" means and consists of that area within the corporate limits of the City of San José bounded by Interstate Highway 880, Montague Expressway, Trade Zone Boulevard, the Union Pacific Railroad line, Murphy Avenue, and Brokaw Road.

(Ord. 29447.)

"Key lot" is the first interior lot abutting the rear of a corner lot. The front lot line of the key lot is a continuation of the side lot line of the corner lot, excluding any lot which is separated from a corner lot by an alley.

(Ord. 26248.)

"Kitchen" is any room used, or intended or designed to be used, for cooking and preparing food.

(Ord. 26248.)

"Laboratory" is an establishment or facility engaged in routine testing or analysis of medical specimens or chemical compounds; performing limited laboratory processing procedures, such as the small scale production of custom-made or custom-fitted products, such as eyeglasses, dentures and prostheses; and other similar activities. This use excludes establishments where product design and testing, industrial or scientific research, or prototype development is a primary activity.

(Ord. 26248.)

"Large format commercial establishment" is a retail or wholesale commercial establishment consisting of a single occupant greater than one hundred thousand (100,000) square feet, which may include the sale of alcohol.

(Ord. 28321.)

Any lawful use of land or structure, which ceases to conform to the provisions of this title upon a rezoning or annexation, or because of changes in the regulations under this title, shall be deemed to be a legal nonconforming use.

(Ord. 26248.)

A legally constructed building or structure that met all applicable development regulations at the time of construction that does not meet the development regulations, including setbacks, height, floor area ratio, and parking set out for the zone in which such building or structure is located shall be deemed to be a legal nonconforming structure.

(Ord. 26248.)

Lighting display means the display of light consisting of changing patterns of light, color and images that may be projected onto a screen from a stationary source, but shall not include any display of commercial speech as defined in Title 23 of the San José Municipal Code or be used to engage in the commercial enterprise of generating revenue by advertising or promoting businesses, establishments or causes.

(Ord. 29631.)

"Live/work" means a residential occupancy, by a single housekeeping unit, of one or more rooms or floors in a building which includes:

1.

Cooking space and sanitary facilities in conformance with city building standards; and

2.

Adequate working space accessible from the living area, reserved for, and regularly used by, one or more persons residing therein.

(Ord. 26248.)

A room designed for living, sleeping, eating or food preparation, including but not limited to a den, study, library, home office, sewing room or recreational room.

(Ord. 26248.)

"Living unit" means a building or a portion of a building planned, designed, or used as a residence for one family only living independently of other families or persons and having its own bathroom and housekeeping facilities included in said unit; for example, a mobilehome, a one-family dwelling, each unit of a two-family dwelling, each unit of a multiple dwelling, and each apartment in an apartment house or other establishment, shall be deemed to be a separate "living unit."

(Ord. 26248.)

"Lot" is a contiguous unit of land which may be lawfully sold as a separate parcel in conformity with the provisions of Title 19 of this Code.

(Ord. 26248.)

A.

A corner lot is a lot having at least two frontages on intersecting streets; and

1.

A residential corner lot is a lot in a residential district on a corner fronting not more than one hundred twenty feet on one street and not more than one hundred twenty feet on another. If both of the street frontages exceed the specified frontage widths, the lot is considered to have two front property lines.

2.

A commercial corner lot is a lot in a commercial zoning district on a corner fronting not more than one hundred fifty feet on one street and not more than one hundred fifty feet on another. If both of the street frontages exceed the specified frontage width, the lot is considered to have two front property lines.

B.

Notwithstanding the provisions of Section 20.200.670.A, in a pedestrian oriented zoning district, a "corner lot" means a lot having at least two frontages on intersecting streets. Such "corner lot" shall have a minimum of two front lot lines regardless of the dimensions of the lot.

(Ords. 26248, 28858.)

"Lot, interior" is a lot other than a corner lot.

(Ord. 26248.)

"Lot, through" is a lot having frontage on two parallel or approximately parallel streets.

(Ord. 26248.)

"Lot line" is defined to include:

A.

"Front lot line" is the boundary line of a lot which abuts the closest edge of a public or private right-of-way whether that right-of-way is owned in fee title or through an easement.

B.

"Front lot line of a corner lot" is the narrower lot line abutting a public or private right-of-way whether that right-of-way is owned in fee title or through an easement.

C.

"Side lot line" is the boundary line of a lot which intersects the front lot line, the rear lot line, and any other side lot line.

D.

"Side corner lot line of a corner lot" is the longer of the two boundary lines abutting a public or private right-of-way whether that right-of-way is owned in fee title or through an easement.

E.

"Rear lot line" is the boundary line of a lot which is generally opposite of the front lot line.

(Ords. 26248, 26455, 28828, 29218, 29631.)

"Low barrier navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing as defined in subdivision (a) of Section 65660 of the California Government Code, as the same may be renumbered or amended from time to time, and provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. Low barrier navigation centers shall be allowed in commercial, public/quasi-public, and the downtown zoning districts.

(Ord. 30422.)

"Light manufacturing and assembly" means product assembling or mixing, where previously processed components or manufactured parts produced off-site are fitted together into a complete machine or blended together to form a non-combustible and non-explosive product. Product packaging, including bottling, canning, packing, wrapping, and boxing of products assembled or manufactured off-site. The assembling or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that create significant negative impacts to adjacent land uses. Odors produced on-site shall not negatively affect other businesses or properties in the area.

Examples of assembling include, but are not limited to, the production of the following: clothes; furniture (where wood is milled off-site); pharmaceuticals; hardware; toys; mechanical components; electric or electronic components; small vehicle assembly; and computer software. Examples of packaging include facilities for bottling beverages, canning and wrapping foods, and boxing electronic components.

(Ord. 26248.)

"Medium manufacturing and assembly" means manufacturing of products from processed or unprocessed raw materials, where the finished product is non-combustible and non-explosive. This manufacturing may produce noise, vibrations, illumination, or particulate that is perceptible to adjacent land users, but is not offensive or obnoxious. Odors produced on-site shall not have a material negative effect on other businesses or properties in the area. This use shall include any packaging of the product being manufactured on-site.

Examples include, but are not limited to, the production of the following: glass products made from manufactured glass; clay and pottery products; food and beverages; candy and other confectionery products; computer hardware; products made from rubber, plastic, or resin; converted paper and cardboard products; fabricated metal products made from semi-finished metals.

(Ord. 26248.)

"Heavy manufacturing and assembly" means manufacturing of products from raw or unprocessed materials, where the finished product may be combustible or explosive. This category shall also include any establishment or facility using large unscreened outdoor structures such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment, that cannot be integrated into the building design, or engaging in large-scale outdoor storage. any industrial use that generates noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious adjacent land uses, or requires a significant amount of on-site hazardous chemical storage shall be classified as under this land use. This use shall include any packaging of the product being manufactured on-site.

Examples include, but are not limited to, the production of the following: large-scale food and beverage operations, lumber, milling, and planing facilities; aggregate, concrete, and asphalt plants; foundries, forge shops, open air welding, and other intensive metal fabrication facilities; chemical blending, mixing, or production, and plastic processing and production.

(Ords. 26248, 26455.)

A.

"Massage parlor" is a building or portion thereof, or a place, where massage is administered for compensation or from which a massage business or service for compensation is operated, except as provided below in this Section 20.200.740.

B.

Notwithstanding the provisions of Section 20.200.740A. above, "massage parlor" does not include any of the following establishments:

1.

Establishments where massage is administered only by persons who each possess a current, active and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code and copies of all such certificates have been provided to the director; or

2.

Establishments where massage is administered in conjunction with:

a.

The practice of a medical doctor, chiropractor, dentist, osteopath, physical therapist or registered nurse; or

b.

A state-approved massage school; or

c.

An athletic club or a full-service barber or beauty salon where not more than fifteen percent of floor space is used for massage activity. For purpose of this definition, a full service barber must at a minimum provide hair styling, including shampoos, and shave services; and a full service beauty salon must at a minimum provide services for hair styling, including shampoos, and facials.

C.

Establishments where massage is administered only by persons who each possess a current, active and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code and copies of all such certificates have been provided to the director are and shall be treated as a personal services use, not a massage parlor use, under this title.

(Ords. 26248, 28811.)

"Miniwarehouse" is a warehouse divided into individual securable tenancies which tenancies are offered to the general public for use as storage space and may include an incidental resident caretaker unit/s.

(Ords. 26248, 28460.)

The combination of commercial and residential uses located on the same property as part of a unified development. Mixed use Development consists of commercial and residential uses integrated either vertically (vertical mixed use) in the same structure or group of structures, or horizontally on the same development site (horizontal mixed use) where parking, open spaces, and other development features are developed or grouped together in order to create a more cohesive overall design.

(Ords. 26248, 30603.)

"Mobilehome" is a structure transportable in one or more sections designed and equipped to contain one living unit, to be used with or without a foundation system, when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Mobilehome does not include a recreational vehicle or travel trailer. When installed on a foundation system (pursuant to Section 18851 of the California Health and Safety Code), a mobilehome shall be deemed a fixture and a real property improvement to the real property to which it is affixed.

(Ord. 26248.)

"Mobilehome lot" is a portion of a mobilehome park or travel trailer park designated or used for the occupancy of one mobilehome, recreational vehicle, or travel trailer.

(Ord. 26248.)

"Mobilehome park" is any area or tract of land where two or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for permanent occupancy.

(Ord. 26248.)

"Mortuary and funeral services" is an establishment wherein the storage, embalming or preparation of the remains of a deceased for burial or shipment occurs and wherein funeral or burial services and arrangements, including viewings, wakes, memorial services, or other similar ceremonies, are provided. Cremation activities are not allowed as a part of mortuary and funeral services.

(Ord. 28460.)

"Mortuary without funeral services" is an establishment wherein the storage, embalming or preparation of the remains of a deceased for burial or shipment occurs.

(Ord. 28460.)

"Neighborhood agriculture" means a use that occupies less than one acre for the production of food or horticultural crops to be harvested, sold or donated or for animal husbandry in compliance with Title 7 of this Code. Neighborhood agricultural use may be a principal or an accessory use on a site. Value-added products, where the primary ingredients of the product are grown and produced on-site, are included as a part of this use. Limited sales and donation of fresh food and/or horticultural products grown on site may occur on site as a part of a neighborhood agriculture use, subject to the provisions of Part 9 of Chapter 20.80, if applicable. Sales, pick-ups, and donations of fresh food and horticultural products grown on-site are also considered a part of a neighborhood agriculture use, subject to the provisions of Part 9 of Chapter 20.80, if applicable.

(Ord. 29011.)

"Neighborhood business district" means any area delineated as such on the land use/transportation diagram of the general plan of the City of San José as amended.

(Ord. 26248.)

"Nuisance" shall mean:

1.

Any use of property contrary to the provisions of this title or any condition of a permit imposed pursuant to this title.

2.

Any act or omission which obstructs or causes substantial inconvenience to the public or any member thereof, in the course of, or by the manner of, the exercise of the right granted by a development permit.

(Ord. 26248.)

A "plant nursery" means a use in which plants and trees are grown, cultivated, produced or managed for on-site or off-site sale or for off-site planting.

(Ord. 29312.)

A "General business office" is a space within which management-level administrative services for firms and institutions are provided; or within which services to individuals, firms, or other entities are provided. Examples of a general business office use include but are not limited to offices within which the following services are provided: real estate, insurance, property management, title companies, investment, personnel, travel, and similar services, and including business offices of public utilities or other activities when the service rendered is a service that is customarily associated with office services.

(Ords. 27701, 29312, 29364.)

"Medical office" means offices of doctors, dentists, chiropractors, physical therapists, acupuncturists, optometrists and other similar health related occupations, where patients visit on a daily basis.

(Ord. 27701.)

"Office, research and development" is an establishment engaged in industrial or scientific research and product design that involves the use of computers and other related office equipment in an office setting. The facility may also include administrative services related to product design or sales, but does not include laboratories, manufacturing or assembly.

(Ord. 28460.)

"Off-sale" means the sale to consumers of alcoholic beverages in original, unopened packages for consumption off the premises where sold.

(Ord. 26248.)

"Off-site storm water runoff treatment facility" is a storm water runoff treatment facility that is provided on a lot other than the lot occupied by the building or use for which the treatment is required.

(Ord. 26995.)

An "off-street parking establishment" is a parking facility which is not designed and used to serve the parking needs of a use occupying the same lot or site as the parking facility.

(Ord. 26248.)

Outdoor art means a tangible, physical display of visual art that is visible off the site on which the outdoor art is located or from any outdoor parking lot or outdoor pedestrian walkway accessible for use by the public, including paintings, drawings, still photographs, sculptures and multi-media, but not including other art forms such as films or productions of the performing arts.

(Ord. 29631.)

"Outdoors" means on or above the surface of the ground but not within a building which has a roof composed of weatherproof material and which is enclosed on at least sixty-five percent of its perimeter with exterior walls composed of weatherproof material.

(Ord. 26248.)

"Parcel" is synonymous with "lot" for purposes of this title.

(Ord. 26248.)

A "parking facility" is any parking space, parking lot or parking structure used for the parking of licensed motor vehicles. A parking facility as defined shall be maintained in accordance with the requirements of Chapter 20.90 of this title.

(Ord. 26248.)

A "passenger vehicle" is any motor vehicle designed, used and maintained primarily for the transportation of persons for non-commercial purpose. A passenger vehicle does not include a motor vehicle designed and equipped for human habitation, excepting a motor vehicle to which a camper has been temporarily attached.

(Ord. 26248.)

"Payday lending establishment" is a person or entity that offers, originates, or makes a deferred deposit transaction, whereby a person or entity defers depositing a customer's personal check until a specific date, pursuant to a written agreement. Payday lending establishment is equivalent to a "deferred deposit originator" as defined in Section 23001(f) of the California Financial Code, as amended from time to time. "Payday lending establishment" does not include a state or federally chartered bank, thrift, savings association, industrial loan company, or credit union.

(Ord. 29089.)

"Permittee" means the person(s) as defined in Title 1 of the San José Municipal Code to whom a permit has been issued pursuant to the provisions of Title 20.

(Ord. 29265.)

"Personal services" includes establishments which provide non-medical services of a retail character to patrons which may involve the sale of goods associated with the service being provided. These establishments include beauty or barber shops, shoe repair shops, self-service laundries, tanning salons, tailoring establishments, interior decorating, clothing rental, portrait photography and diet and weight reduction centers.

(Ord. 26248.)

"Poolroom" is a building or portion thereof having within its premises three or more pool tables or billiard tables, or combination thereof, regardless of size, and whether activated manually or by the insertion of a coin, token or other mechanical device.

(Ords. 26248, 30290.)

Editor's note— Ord. 30290, § 1, adopted Aug. 6, 2019, changed the title of § 20.200.890 from "Poolroom" to "Poolroom/billiards establishment," as set out herein.

A "private electrical power generation facility" is an electrical power generation facility that, regardless of fuel or energy source, is operated by a private property owner or lessee, and whose primary function is the provision of electricity to the permitted use(s) on the site the facility is located.

(Ord. 26456.)

"Private instruction" shall mean instruction received for personal and professional enrichment. Examples of private instruction include, but are not limited to, academic tutoring, language instruction, computer training and driver's training. Private instruction does not include instruction received through a trade or vocational school as defined in Section 20.200.1075, nor a post-secondary school as defined in Section 20.200.1065.

(Ords. 26704, 27607.)

A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

(Ords. 28858, 30603.)

Open space which is publicly accessible in perpetuity of the development by easement and/or agreement and is located on privately owned land and maintained by a private property owner or business operator.

(Ord. 30603.)

A "processing facility" is a facility that involves methods such as sorting, compacting, flattening, baling, shredding, grinding, or crushing of recyclable material. Processing can also include the processing of collected recyclable materials into aggregate, building materials and other products. Processing may also involve composting and the decomposing of organic matter, including leaves, brush, wood waste and other organic waste in a controlled environment for reuse.

(Ord. 26248.)

"Provider" or "utility provider" shall mean the furnisher of gas, water, telephone, electricity or telecommunications services to inhabitants of the city through a franchise or other legal authority. Telecommunications services includes, but is not limited to, the transmission of voice, data, video or other information by wire, radio, light and other electronic or electromagnetic systems.

(Ords. 26248, 28828.)

"Public eating establishment" is a building or area where meals may be purchased and eaten. As an incident to the primary use of operating public eating establishment which is a bona fide public eating place, as defined in the California Business and Professions Code Section 23038, or its successor:

A.

Any alcoholic beverage may be sold, offered for sale, or served to the patrons of such bona fide public eating place for consumption with their meals on the premises thereof;

B.

Instrumental and vocal music or other forms of entertainment may be provided for the listening or viewing pleasure of the patrons of the public eating establishment.

(Ords. 26248, 26455, 29011.)

Publicly owned parks, plazas, trails, community/neighborhood centers, and other spaces meant for repose and recreation which are accessible by members of the public.

(Ord. 30603.)

"Commercial/indoor recreation" includes such uses as a skating rink, bowling alley, paintball, children's playland, and other similar indoor uses.

(Ords. 26248, 26704, 30290.)

"Commercial/outdoor recreation" includes such uses as a swim or tennis club, miniature golf course, water slide park and other similar outdoor uses.

(Ord. 26248.)

"Recreational vehicle" is a vehicle, including motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy.

(Ord. 26248.)

"Recyclable material" means materials which are segregated from other waste material for the purpose of recycling and includes, but is not limited to, paper, glass, metals, wood, plastics, yard wastes as defined in Section 9.10.380, bulky goods as defined in Section 9.10.040, and waste oil as defined in Section 9.10.370.

(Ord. 26248.)

A "recycling facility" is a facility involved with the collecting, processing, and/or transferring of reusable or recyclable materials.

(Ord. 26248.)

"Relocated cardroom" means a cardroom, as defined in Title 16 of this Code, that holds a valid cardroom permit issued pursuant to Title 16 and is relocated from an existing site in accordance with the provisions of Part 13.5 of Chapter 20.80 of this title.

(Ord. 28579.)

A "research and development" facility is an establishment or facility engaged in industrial or scientific research, product design, development and testing, and limited manufacturing necessary for the production of prototypes.

(Ord. 26248.)

"Residential building frontage" means building space designed for residential dwelling units located on a residential street frontage in a pedestrian oriented zoning district.

(Ord. 28858.)

"Residential care facility" is a facility licensed by the State of California where care, services or treatment is provided to persons living in a community residential setting.

(Ords. 26248, 29821.)

"Residential district" means land located in, and the street area immediately in front of and across the street from, any areas zoned or used, in conformance with the provisions of this title, for residential use in the city, including all residential zoning districts as set forth in Chapter 20.30 of this title, and any planned development (PD) district in which residential uses are permitted.

(Ord. 26248.)

"Residential service facility" is a residential facility, other than a residential care facility or single housekeeping unit, where the operator receives compensation for the provision of personal services, in addition to housing, including but not limited to, protection, supervision, assistance, guidance, training, therapy or other nonmedical care.

(Ords. 26248, 29821.)

"Residentially zoned property" means real property situated in any of the residential zoning districts as set forth in Chapter 20.30 of this title or any planned development (PD) district in which residential uses are permitted.

(Ords. 26248, 29821.)

"Retail Bank" refers to commercial and non-profit banks and credit unions which are primarily focused on in-person customer services such as, checking and savings accounts, mortgages, personal loans, and debit or credit card services.

(Ord. 30290.)

A "reverse vending machine" is a mechanical device which accepts one or more types of empty beverage containers, including aluminum cans, glass and plastic bottles, and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the containers' redemption value.

(Ord. 26248.)

"Riparian" means pertaining to the bank and other adjacent terrestrial (as opposed to aquatic) environs or freshwater bodies, watercourses, estuaries, and surface-emergent aquifers (springs, seeps, oases), whose transported freshwaters provide soil moisture sufficiently in excess of that otherwise available through local precipitation to potentially support growth of mesic vegetation.

(Ord. 29785.)

"Riparian corridor" means any defined stream channel, including the area up to the bank full-flow line, as well as all characteristic streamside vegetation in contiguous adjacent uplands. Stream channels include perennial and intermittent streams shown as a solid or dashed blue line on USGS topographic maps.

(Ord. 29785.)

"Satellite and broadcast reception facility" means satellite dishes, antenna and associated facilities which are used for the reception of transmission signals and which have no broadcast capabilities.

(Ord. 26248.)

"School, post secondary" shall mean an institution of higher learning where one is required to complete education earning a high school diploma, or equivalent, prior to admittance and is on the path to earning either a college degree or a certificate leading to a profession. This includes but is not limited to colleges, universities, as well as junior colleges, either public or private in nature.

(Ords. 26704, 27607.)

"School site" is a site that is operated as a primary or secondary school and which contains all improvements required by local, state, or federal regulations necessary for general primary or secondary academic instruction.

(Ord. 26248.)

"School, trade and vocational" shall mean an establishment where training is received to learn a particular trade or craft that involves skilled labor. Trades and crafts include but are not limited to the various construction trades, auto mechanics, machining, HVAC installation/repair/maintenance and similar trades and crafts.

(Ord. 26704.)

"Setback" is the minimum distance by which buildings, structures, and parking must be separated from any lot line.

1.

"Front setback" is measured from the front lot line.

2.

"Rear setback" is measured from the rear lot line.

3.

"Side setback" is measured from the side lot line(s).

(Ord. 26248.)

A.

For an interior lot, the "front setback area" is the area which extends across the full width of the lot and from the front lot line along the street to a line defined by the front setback, excluding frontage area which is used primarily for ingress or egress to a flag lot; or

B.

For a residentially zoned corner lot, the "front setback area" is the area which extends across the full width of the lot and from the narrower lot line along a public street to a parallel line defined by the front setback line.

C.

The front setback area shall not include any land held as public right-of-way, regardless of whether such land is held in fee title or easement.

(Ords. 26248, 29631.)

A.

For an interior lot, the "rear setback area" is the area which extends across the full width of the lot and from the rear lot line to a parallel line defined by the rear setback distance; or

B.

For a residentially zoned corner lot, the "rear setback area" is the area which extends across the full width of the lot and from the lot line opposite the narrower lot line along a public street to a parallel line defined by the rear setback line.

(Ord. 26248.)

A.

For an interior lot, the "side setback area" is that area which is neither a front setback area nor rear setback area; or

B.

For a corner lot:

1.

"Interior side setback area" is that area which extends from the lot line opposite the wider (larger) street frontage defined as the interior side lot line to a parallel line defined by the side setback; and

2.

"Corner side setback area" is that area which extends from the lot line along the wider street frontage to a parallel line defined by the side setback. The corner setback area shall not include any land held as public right-of-way, regardless of whether such land is held in fee title or easement.

(Ords. 26248, 29631.)

"Sidewalk café" is a portion of an eating or retail sales establishment located on a public sidewalk or mall which functions as an extension of the use of the adjacent private property by an eating or retail sales establishment. A sidewalk café is open to the sky except that it may have awnings or umbrellas.

(Ords. 26248, 28296.)

A "signature project" is a residential mixed use project that meets or exceeds the requirements identified for a signature project in the Envision San José 2040 General Plan Urban Village Planning Policy IP-5.10.

(Ord. 29364.)

"Single housekeeping unit" is the functional equivalent of a traditional family; whose members are a nontransient interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas and sharing household activities and responsibilities such as meals, chores and expenses.

(Ord. 26248.)

"Site" is a contiguous area of land, including a lot or lots or a portion thereof, upon which a project is developed or proposed for development.

(Ord. 26248.)

A "single room occupancy (SRO) living unit facility" is a residential facility where individual secure rooms, of a smaller size than normally found in multiple dwellings, are rented to a one or two-person household. SRO living units are provided for a weekly or monthly period of time, in exchange for an agreed payment of a fixed amount of money or other compensation based on the period of occupancy.

(Ord. 26248.)

A "single room occupancy (SRO) residential hotel" is a commercial facility where individual secure rooms are rented to a one or two-person household. SRO residential hotel units are provided on a daily, weekly, or monthly basis, in exchange for an agreed payment of a fixed amount or money or other compensation based on the period of occupancy.

(Ord. 26248.)

A "social service" is a service or activity undertaken to advance the welfare of citizens in need. A social service may include supporting office uses, supporting medical office or clinic uses, supporting vocational or trade training, supporting personal services and/or a food and goods distribution facility.

(Ord. 26495.)

A "social service agency" is an agency that provides social services.

(Ord. 26495.)

"Solar photovoltaic system" means a system that generates electrical power through the utilization of non-mechanical semiconductor devices or photovoltaic cells, that convert sunlight into direct current electricity.

(Ords. 26388, 26456, 28320, 29364.)

"Specified anatomical areas" are:

1.

Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 26248.)

"Specified sexual activities" are:

1.

Human genitals in a state of sexual stimulation or arousal;

2.

Acts of human masturbation, sexual intercourse, or sodomy; and

3.

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(Ord. 26248.)

"Stand-by or backup electrical power generation facility" means an electrical power generation facility that is operated only during interruptions of electrical service from the distribution system or transmission grid due to circumstances beyond the operator's control. Electrical generation facilities operating where an interruptible service contract has been executed are not considered stand-by or backup electrical power generation facilities.

(Ords. 26388, 26456.)

A "stationary peaking power plant" is an electrical power generation facility permanently installed on a foundation and whose main function is the provision of supplemental power to the electrical distribution system or transmission grid during periods of peak demand. The maximum number of annual hours of operation of a stationary peaking power plant is restricted by a Bay Area air quality management district permit and typically does not exceed one thousand five hundred hours. The typical useful life of a stationary peaking power plant is up to thirty years.

(Ords. 26388, 26456.)

"Story" is that portion of a building, excepting a cellar or basement, included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. For purposes of this title, floor shall mean the lower supporting surface of a structure which one can stand on regardless of height of ceiling.

(Ord. 26248.)

"Story, half" is a story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of each story.

(Ord. 26248.)

"Streamlined Infill Housing Development" is a housing development project that complies with all eligibility criteria listed in Section 20.195.080 and Section 20.195.250.

(Ord. 31169.)

"Street" is a public or private thoroughfare which affords principal means of access to abutting property.

(Ord. 26248.)

"Structure" is anything, except a fence less than seven feet in height, which is constructed, erected or placed on a site, or under the ground or is attached or affixed to something having a permanent location on or under the ground. For the purposes of this title, a structure may also be:

1.

Any object which cannot be moved by hand and has no power of mobility and which is intended to remain or remains on the site for more than seventy-two hours; or

2.

Any object which provides some form of shelter regardless of whether temporary or permanent in nature.

(Ord. 26248.)

"Utility structure" shall mean any above ground structure, except an antenna or utility pole and associated appurtenances, which a provider constructs, erects or places on a site, and is attached or affixed to something having a permanent location on or under the ground which is used to provide its services to customers and which:

1.

Exceeds thirty-two cubic feet total volume or minimum height of four feet above grade; or

2.

Contains any power generating equipment, regardless of size of the structure; or

3.

Has the potential for creating environmental impacts such that it would not be exempt pursuant to the California Environmental Quality Act, as amended.

(Ord. 26248.)

"Structural alteration" is any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

(Ord. 26248.)

"Permanent supportive housing" means housing with no limit on length of stay and that is occupied by a target population as defined in subdivision (f) of Section 65582 of the California Government Code, as the same may be renumbered or amended from time to time, and that is linked to onsite or offsite services that assist supportive housing residents in retaining housing, improving their health status, and maximizing their ability to live and, when possible, work in the residents' community. Supportive housing shall be treated under this Title as a residential use and shall be allowed in residential, commercial, public/quasi-public, and the downtown zoning districts. Pursuant to State law, any 100% deed-restricted affordable housing project with at least twenty-five percent (25%) of the units dedicated to permanent supportive housing while the remainder is rent-restricted low-income housing for households earning eighty percent (80%) Area Median Income or less, shall be considered a permanent supportive housing development in entirety.

(Ords. 28680, 29447, 30422, 31095.)

A.

"Above-ground swimming pool" is a swimming pool any part of which (except diving boards, slides and ladder rails) is more than twelve inches above grade.

B.

"Built-in swimming pool" is a swimming pool no part of which (except diving boards, slides and ladder rails) is more than twelve inches above grade.

(Ord. 26248.)

A "taproom or tasting room" is a retail drinking establishment associated with a specific alcohol manufacturer, where members of the public can sample or purchase alcohol produced by the specific alcohol manufacturer for either on-site or off-site consumption.

(Ord. 30372.)

Townhouses or Rowhouses are a group of three or more attached dwelling units which share at least one common wall, with no portion of a dwelling unit, aside from an accessory dwelling unit, which occupies space above or below the primary unit. Both townhouses and rowhouses are characterized by having an attached garage serving the dwelling unit; townhouses have front-loaded garages and rear yards and rowhouses are served by alleys, have rear-facing garages, and no rear yards. Private open space for townhouses and rowhouses may be in the form of a balcony, porch, patio, or deck.

(Ord. 30603.)

A "temporary stand-by or backup electrical power generation facility" means an electrical power generation facility that is operated for and during a period of time not to exceed four consecutive months in any twelve-month period and only during interruptions of electrical service from the distribution system or transmission grid due to circumstances beyond the operator's control. After this four-month maximum time period, a temporary stand-by or backup electrical power generation facility is disassembled and removed. A temporary stand-by or backup electrical power generation facility possesses no permanent foundation. These facilities, by definition, must meet the performance standards set forth in this title. Electrical generation facilities operating where an interruptible service contract has been executed are not considered a temporary stand-by or backup electrical power generation facility.

(Ords. 26388, 26456.)

Editor's note— Ord. 28460, § 15, adopted December 16, 2008, repealed § 20.200.1278, which pertained to vehicle tow yard. See also the Code Comparative Table.

A.

Recycling. A "recycling transfer facility" is defined as a facility that receives recyclable materials, as defined in this chapter, typically from small collection facilities, and commercial vehicles for the purpose of storing, handling, batching and baling, and/or sorting prior to transferring to another facility. Such a facility may be involved with recycling-related collection activities not allowed at small collection facilities.

B.

Solid waste. A "solid waste transfer facility" is defined as a facility that receives primarily solid waste materials, from commercial vehicles for the purpose of storing and handling prior to transferring to another facility. Such a facility may have limited recapture of recyclable materials as defined in this chapter.

(Ord. 26248.)

"Transitional housing" means residential units operated under program requirements that call for 1) the termination of any assistance to an existing program recipient and 2) the subsequent recirculation of the assisted residential unit to another eligible program recipient at some predetermined future point in time, which point in time shall be no less than six (6) months into the future. Transitional housing may be provided in all residential housing types. In all cases, transitional housing is and shall be treated as a residential use under this title and shall be subject only to those restrictions that apply to other residential uses of the same residential housing type located in the same zoning district.

(Ord. 28680.)

A "transportable peaking power plant" is a transportable electrical power generation facility brought on-site on flatbed trailers and left on the trailer or placed on steel skids for a temporary period, which can be for a particular peak season or from season-to-season. A transportable peaking power plant is not permanently installed and its main function is the provision of supplemental power to the electrical distribution system or transmission grid during periods of peak demand. The maximum number of annual hours of operation of a transportable peaking power plant is restricted by a Bay Area air quality management district permit and typically does not exceed five hundred hours. A transportable peaking power plant is typically on-site for up to three years, but one or more such power plants can be installed on-site for a given peak period, then removed.

(Ords. 26388, 26456.)

"Travel trailer" is a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur's license or both, without violating any provision of the California Vehicle Code.

(Ord. 26248.)

"Travel trailer park" is any area or tract of land or a separate designated section within a mobilehome park where one or more mobilehome lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles used for recreational or emergency occupancy.

(Ord. 26248.)

"Unattended collection container" means a box or other container less than or equal to five hundred square feet in area, less than or equal to twelve feet in height, and not attended by a person during at least part of the time that it is accessible for use by the general public, and that may be included in a small collection facility.

(Ord. 29265.)

"Unbundled parking" means vehicular parking that is for sale or lease to residents of a building separate from the sale or lease of living units within that residential building.

(Ords. 28858, 29217.)

"Urban village" means any area delineated as such on the land use/transportation diagram of the General Plan of the City of San José, as amended.

(Ord. 29217.)

"Useable common recreation space" means indoor or outdoor space that is accessible to all residents of a building or site and that is configured and designed for recreational use.

(Ord. 28858.)

Any building, structure, plant, equipment or use for the provision and operation of utility services including, but not limited to water, sewage disposal, telephone service, telegraph service, communications services, telecommunications or cable television. Utility facility does not include electrical power generation facilities but does include electrical transmission facilities, and may include an incidental resident caretaker unit.

(Ords. 26248, 26388, 26456, 30336.)

A vehicle tow yard means a facility for the temporary storage of vehicles towed from the public right-of-way or private property, which facility also may include the dispatching of tow trucks and ancillary lien sales.

(Ord. 28460.)

"Vending facility" means any equipment, apparatus, trailer, vehicle, cart or other conveyance, other than a vending machine, located outdoors, from which a vendor displays, sells, offers for sale, gives away, or offers to give away anything of value including any food, beverage, goods, wares, merchandise or services.

(Ord. 26248.)

"Vending machine" means any unattended self-service device which, upon insertion of a coin, coins, or token, or by similar means, dispenses anything of value including any food, beverage, goods, wares, merchandise or services.

(Ord. 26248.)

A.

"Vendor" means any person or persons, including corporations as well as natural persons, who engage in the activity of vending.

B.

"Vending" means any activity by any person involving the display, sale, offering for sale, offering to give away, or giving away of anything of value including any food, beverage, goods, wares, merchandise or services.

(Ord. 26248.)

A "vehicle work station" is a space intended to accommodate a single motor vehicle together with the persons, equipment and tools required for the repair or servicing of said vehicle provided that if said space contains a service rack, lift or pit, it is no larger than six hundred square feet, and if it does not contain a service rack, lift or pit, it is no larger than four hundred square feet.

(Ord. 26248.)

"Warehouse retail" is an establishment wherein the sale of large items, including but not limited to furniture, appliances, and machinery, occurs in an industrial building.

(Ord. 28460.)

"Williamson Act contract" is a contract entered into and approved by resolution of the council for the preservation of agricultural land pursuant to the provisions of Sections 51200 through 51297.4 of the Government Code of the State of California.

(Ord. 27078.)

A "wireless communications antenna" is an antenna and associated mechanical equipment that is used for a wireless communications network.

(Ord. 26248.)

A "wireless communication antenna, building mounted" is an antenna and associated mechanical equipment that is used for a wireless communications network and is:

1.

Mounted to an existing building or structure; and

a.

The antenna and its related building alterations both meet one of the following criteria:

i.

They project no more than ten feet above the building surface on which the antenna and related building alterations are installed or located; or

ii.

They project no more than ten feet plus an additional foot of height for every ten feet that the antenna is set back from the building parapet to a maximum height of fifteen feet; or

2.

The antenna and its associated mechanical equipment is attached to an existing monopole or other utility structure with no increase to the overall height of either the monopole or other utility structure.

(Ords. 26248, 27468.)

A "wireless communications antenna, slimline monopole" is a single antenna pole not exceeding 1.5 feet in diameter at base of the antenna or pole, with antennas screened by an enclosure not exceeding 3 feet in diameter, and associated mechanical equipment that is used for a wireless communications network.

(Ord. 27797.)

"Yard" is an open space other than a court on the same lot with a building unoccupied and unobstructed from the ground upward except as otherwise provided in this title.

(Ords. 26248, 29821.)

"Front yard" is that yard which extends:

1.

Across the full width of the lot; and

2.

From the front line of the lot to the front of the building.

(Ords. 26248, 29821.)

"Rear yard" is that yard which extends:

1.

Across the full width of the lot; and

2.

From the rear line of the lot to the rear of the building.

(Ords. 26248, 29821.)

"Side yard" is that yard which is neither front yard nor rear yard.

(Ords. 26248, 29821.)