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San Jose City Zoning Code

CHAPTER 20

60 - PD - PLANNED DEVELOPMENT DISTRICT

20.60.010 - General provisions.

No building, structure or land shall be used and no building or structure shall be erected, enlarged or structurally altered, or demolished in any planned development district, except in accordance with the provisions set forth in this chapter.

(Ord. 26248.)

20.60.020 - PD district effectuated.

A.

The PD district is effectuated by any of the following:

1.

A valid tentative map in compliance with the PD district;

2.

A valid planned development permit in compliance with the PD district;

3.

A building permit in compliance with a duly issued PD permit; or

4.

Institution of a use consistent with a duly issued PD permit.

B.

If the tentative map expires without a final map having been recorded, or if such planned development permit expires without subsequent issuance of a building permit, or if such building permit expires without construction having commenced, and if no use consistent with the PD permit has been instituted, the PD district will be deemed not to have been effectuated.

(Ord. 26248.)

20.60.030 - Uses.

The use regulations for territory situated in a planned development district shall be as follows:

A.

Unless and until a planned development permit has been issued and been effectuated, property in such territory may be used only as if it were in its base district alone.

B.

If a planned development permit is effective, any use or combination of uses provided for in said permit is allowed in accordance with and in strict compliance with all terms, provisions and conditions of said permit. Each permitted use shall be confined and limited to the particular location designated therefore in said permit. No use, other than the particular uses specified in the permit, shall be permitted, except as set forth elsewhere in this Title 20.

C.

If a planned development permit permits a residential use, incidental transient occupancy in compliance with Part 2.5 of Chapter 20.80 is a permitted use of the permitted dwelling.

D.

If a planned development permit has been issued, the planned development district may nevertheless be disregarded and property in such territory used as if it were in its base district alone if such use is confined to part of the subject territory not covered by the permit and a requirement to make such use of such part is not a condition of such permit.

(Ords. 26248, 29523.)

20.60.040 - Development regulations.

A.

Except where a planned development permit has been implemented, the regulations for development, signs, off-street parking and off-street loading applicable to its base district zoning shall apply to all property located in territory in the planned development district.

B.

When a PD permit has been implemented, the provisions of such permit shall prevail over the regulations applicable to the base district zoning of the property. No structure, facility, improvement or sign of any kind shall be constructed upon such property except in strict compliance with all provisions of such PD permit. In particular:

1.

No structure, facility, improvement or sign shall be constructed upon such property except the particular structures, facilities, improvements, and signs specified in such permit.

2.

Each structure, facility, improvement or sign shall have the exact height, floor area, and dimensions specified for it in such permit.

3.

Each structure or facility used for off-street parking and off-street loading shall have the exact number of off-street parking and off-street loading spaces, and other areas, specified for it in such permit.

4.

Each structure, facility, improvement or sign shall be constructed at the particular location and cover the exact surface area designated for it in such permit.

5.

Each structure, facility, improvement and sign shall be constructed and maintained in strict compliance with all conditions of the PD permit.

(Ord. 26248.)

20.60.050 - Interim uses.

Notwithstanding the provisions of Subsection B of Section 20.60.030 above, conditional use permits issued pursuant to the provisions of Chapter 20.100 of this title may allow an interim use of the subject property which is not shown in the planned development permit provided that:

1.

Any such permit must conform to the planned development zoning of the subject property, and

2.

No such permit shall be effective for a period in excess of one year. No such conditional use permit shall be renewed for more than one additional one-year period.

(Ord. 26248.)

20.60.060 - Change from adult to family mobilehome park.

Where a mobilehome park is an allowed use in a planned development district and such use has been established pursuant to a valid planned development permit, no removal of existing mobilehome spaces shall be required as a result of change of the park from a park where children under eighteen years of age are not permitted residents, to a park where such children are permitted to reside, not withstanding any contrary requirements imposed in a particular planned development district or by a particular planned development permit.

(Ord. 26248.)

20.60.070 - Residential care and residential service facilities.

Unless expressly prohibited by the Planned Development Zoning Ordinance, residential care and residential service facilities are permitted in any planned development zoning district as follows:

1.

Any land zoned or used for one-family or two-family dwellings may be used for a residential care or residential service facility for six or fewer persons as a permitted use. Residential care or residential service facilities for more than persons are not allowed.

2.

Any land zoned or used for multiple dwellings may be:

a.

Used for a residential care or residential service facility for six or fewer persons as a permitted use; or

b.

Used for a residential care or residential service facility for seven or more persons in accordance with a planned development permit authorizing such use.

3.

Any land zoned or used for any use allowed as a permitted use in the commercial zoning districts, as set forth in Chapter 20.40, may be used for a residential care or residential service facility for seven or more persons in accordance with a planned development permit authorizing such use.

(Ord. 26248.)

20.60.080 - Setbacks for mechanical equipment.

Mechanical equipment, including, but not limited to, pool equipment and HVAC equipment, may be placed in the rear setback and must maintain all of the following setbacks:

A.

A minimum five-foot setback from the rear property line; and

B.

A minimum setback from the side property line of a distance equal to that of the side setback requirements of, or the actual side setbacks allowed under, the particular planned development district; and

C.

A minimum front setback of a distance required by or actually allowed under the particular planned development district.

(Ord. 26495.)