This chapter shall apply only to properties with a zoning designation consistent with this chapter and located within the downtown area bounded by Julian Street; properties fronting both sides of North Fourth Street; East St. John Street; 7th Street; East San Fernando Street; South 4th Street; Interstate 280; the Union Pacific Railroad line; Stockton Avenue; Taylor Street and Coleman Avenue; which area is sometimes referred to as the downtown zoning area.

(Ords. 26248, 27091, 28338, 28791, 29011, 30290.)

A.

This chapter sets forth the land use and development regulations applicable to the downtown zoning districts established by Section 20.10.060.

B.

This chapter further sets forth land use and development regulations applicable to a portion of the DC Downtown Primary Commercial Zoning District, which is designated as the Ground Floor Active Use Area Overlay (AUA) and is described in Section 20.70.520.

C.

No building, structure, or land shall be used, and no building or structure shall be erected, enlarged, or structurally altered, in the Downtown Primary Commercial (DC) and Downtown Commercial - Neighborhood Transition 1 (DC-NT1) Zoning Districts except as set forth in this chapter.

(Ords. 26248, 27091, 28447, 29631, 30290.)

A.

"Permitted" land uses are indicated by a "P" on Table 20-140.

B.

"Permitted" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by a "PGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only in compliance with the General Plan land use restrictions related to residential use.

C.

"Conditional" uses requiring Planning Commission approval as the initial decision-making body are indicated by a "C" on Table 20-140. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit approved by the Planning Commission, or City Council on appeal, as set forth in Chapter 20.100.

D.

"Conditional" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by a "CGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100; and in compliance with the General Plan land use restrictions related to residential use.

E.

"Special" uses are indicated by an "S" on Table 20-140. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Special Use Permit as set forth in Chapter 20.100.

F.

"Special" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the General Plan, as amended, with a land use designation that allows some residential use, are indicated by an "SGP" on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in compliance with a Special Use Permit as set forth in Chapter 20.100; and in compliance with the General Plan land use restrictions related to residential use.

G.

"Administrative" uses are indicated by an "A" on Table 20-140. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with an Administrative Permit as set forth in Chapter 20.100.

H.

"Restricted" land uses are indicated by an "R" on Table 20-140. These uses may occur in such designated districts, as an independent use, but only upon issuance of and in full compliance with a valid and effective zoning code verification certificate as set forth in Chapter 20.100.

I.

Land uses not permitted are indicated by a "-" on Table 20-140. Land uses not listed on Table 20-140 are not permitted.

J.

The column of Table 20-140, under the heading "Additional Use Regulations for the Ground Floor Active Use Area Overlay", identifies further regulations on the uses of ground-floor building space within a portion of the DC zoning district. The portion of the DC downtown primary commercial district included in the Active Use Area Overlay is described in Section 20.70.520.

K.

When the right column of Table 20-140 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote apply to the use. In addition, all uses are subject to any other applicable provision of this Title 20 and any other title of the San José Municipal Code.

Table 20-140 Downtown Zoning Districts Use Regulations

Notes applicable to the Downtown Primary Commercial (DC) Zoning District, including the Active Use Area Overlay:

1.

No Lot may be used solely for an Accessory Structure or Accessory Building.

2.

Incidental repair includes air conditioning service, carburetor and fuel injection service, electrical service, radiator service, and tune-up, lube, oil change, and smog check, as well as tires, batteries, and accessories installation. Does not allow body repair or painting.

3.

Outdoor vehicle display, storage, sales, or service is not permitted.

4.

Non-engine and exhaust-related service and repair allowed as incidental use.

5.

Maximum occupancy load shall be that maximum occupancy load determined by the City fire marshal.

6.

Pedestal Charge Stations that are incidental to a separate primary use, that do not impact on-site or off-site vehicular circulation, and that serve patrons of the primary use on-site are permitted in all Downtown Zoning Districts.

7.

Includes on-site outdoor dining area(s).

8.

Certain modifications of existing Wireless Facilities may be Permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.

9.

Hotel Supportive Housing may be Permitted only with a Conditional Use Permit pursuant to Part 22 of Chapter 20.80 and only until December 31, 2026.1

10.

Outdoor storage of inventory vehicles is permitted only if the parking spaces are fully screened and located at a minimum setback of one hundred fifty (150) feet from the front property lines. The maximum number of parking spaces is limited to fifteen percent (15%) of all parking and paved areas or a maximum outdoor storage area of five thousand (5,000) square feet, whichever is more restrictive. Any other outdoor vehicle display, storage, sales, or service is not permitted. Notwithstanding this provision, one new vehicle may be displayed on a paved area outside of any on-site parking area, provided the display vehicle is not located within the public right-of-way and does not extend past the front of any on-site buildings.

11.

Off-sale limited to items produced on-site otherwise a Conditional Use Permit is required.

12.

Transitional Housing may be allowed as any residential housing type using the permit process for such housing type.

13.

100% deed-restricted affordable housing is a permitted use for residential housing type, and commercial space requirements shall not apply; subject to conformance with General Plan policies and state law mandates. Refer to Chapter 20.195 for information regarding the ministerial approval process.

Notes applicable to the Active Use Overlay only:

a.

Automatic Teller Machines must be a secondary use and must be architecturally integrated into the building on which they are placed. Automatic Teller Machines may not be standalone structures. Use may not be an ATM vestibule lobby.

b.

Not permitted in corner tenant spaces. Corner tenant spaces are defined as storefronts that extend up to or beyond 30 feet along the street in either direction from the intersection.

c.

Second-hand stores not dealing primarily in antiques, artworks, or vintage clothing require a Special Use Permit.

d.

Excludes check-cashing services and bail bond services.

e.

A residential pedestrian entry portal not exceeding 25 feet in length is permitted in the Ground Floor Active Use Area.

f.

Only if dedicated primarily to on-site retail customer copy services, otherwise not Permitted.

(Ords. 30857, 30984, 31095; 31149.)

A.

Any project within a Historic District shall conform to applicable guidelines adopted, and as amended by the City Council.

B.

For purposes of this Section, "Historic District" and "Historic Landmark" refer to any site, building, structure, or area that has received city, state or federal landmark status.

C.

New structures exceeding one hundred fifty (150) feet and an FAR of 6:1 which are constructed within one hundred (100) feet of a City Landmark or Contributing Structure in a designated landmark district shall be reviewed by the Historic Landmarks Commission prior to consideration or approval of a development permit for new construction. The comments of the Historic Landmarks Commission shall be included in any development permit staff report subsequently presented to the Director of Planning, Building and Code Enforcement, Planning Commission or City Council.

(Ord. 31095.)

All live-work uses in the Downtown Zoning Districts shall be subject to all of the following criteria:

A.

All work activities shall be limited to the permitted uses of the Downtown Zoning Districts adopted, and as amended by the City Council.

B.

All work activities and storage shall take place in fully enclosed areas.

C.

Prohibited Uses:

1.

Any use not permitted within the Downtown Zoning Districts, as specified in Table 20-140 or under Section 20.80.720 for home occupation uses.

2.

Entertainment, drinking and public eating establishments.

3.

The sale of food and/or beverages.

4.

Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale.

5.

Storage or recycling, except as incidental to and in support of a permitted use in the Downtown Zoning Districts.

6.

Activities involving biological or chemical substances that require a controlled environment or may pose a health hazard.

7.

Work activities that involve hazardous material or generate odors, vibration, glare, fumes, dust, electrical interference outside the dwelling or through vertical separation between the living units, greater than those generated by routine household activities.

D.

The living unit must be occupied by an owner, employee, or volunteer of the business associated with the live/work unit.

E.

All live/work units must fully comply with any and all Uniform Building Code requirements applicable to the collocation of uses at the particular site.

(Ord. 31095.)

Incidental Transient Occupancy in compliance with Part 2.5 of Chapter 20.80 of a Live/Work Unit or Multiple Dwelling is a permitted incidental use of the dwelling.

(Ord. 31095.)

A.

Except as otherwise specified in this chapter, properties located in the downtown zoning districts shall only be subject to the height limitations necessary for the safe operation of San José International Airport.

B.

No building or structure, together with any equipment or objects attached to such building or structure, shall be permitted of a height that exceeds the elevation restrictions prescribed under Federal Aviation Regulations Part 77 (14 C.F.R. Part 77), as amended, unless the proposed height is specifically reviewed in an aeronautical study prepared by the Federal Aviation Administration in accordance with such federal regulations and the study concludes that the proposed building or structure does not constitute an obstruction or hazard to air operations.

(Ords. 26248, 27091.)

Except as otherwise specified in this chapter, properties located in the DC districts shall not be subject to any minimum setback requirements.

(Ords. 26248, 27091.)

All development regulations in the DC-NT1 district shall conform to the development regulations set forth below in Table 20-150.

(Ord. 27091.)

Properties in the downtown zoning districts shall be subject to the off-street loading requirements of this part.

(Ords. 26248, 27091.)

All references to "off-street loading" in this chapter shall have the definition set forth in 20.90.400 of this title.

(Ord. 27091.)

Notwithstanding any other provision of this title, an addition to a city landmark that increases the original net square feet of the building by up to one hundred percent shall be exempt from all off-street loading requirements.

(Ords. 26248, 27091.)

Offices with one hundred thousand to one hundred seventy five thousand square feet of total gross floor area shall provide one loading space. One additional loading space shall be included for each one hundred thousand square feet of total gross floor area in excess of one hundred seventy five thousand square feet.

(Ords. 26248, 27091.)

A.

Retail and commercial stores and shops, restaurants, bars and drug stores greater than ten thousand GFA and less than thirty thousand one GFA shall provide one loading space.

B.

Retail and commercial stores and shops, restaurants, bars and drug stores greater than thirty thousand GFA and less than fifty thousand one GFA shall provide two loading spaces.

C.

Retail and commercial stores and shops, restaurants, bars and drug stores greater than fifty thousand GFA shall provide two loading spaces plus one loading space for each twenty-five GFA over fifty thousand GFA.

(Ords. 26248, 27091.)

A.

Multiple dwelling residential uses of greater than fifty units and less than two hundred units shall provide at least one off-street loading space.

B.

Multiple dwelling residential uses of two hundred units or greater and less than five hundred units shall provide at least two off-street loading spaces.

C.

Multiple dwelling residential uses of five hundred units or more shall provide at least three off-street loading spaces.

(Ord. 27441.)

A.

Hotels and all other uses not addressed under Sections 20.70.430 or 20.70.435 of this part of greater than one hundred thousand GFA and less than two hundred thousand one GFA shall provide at least one off-street loading space.

B.

Hotels and all other uses not addressed under Sections 20.70.430 or 20.70.435 of greater than two hundred thousand GFA and less than five hundred thousand one GFA shall provide at least two off-street loading spaces.

C.

Hotels and all other uses not addressed under Sections 20.70.430 or 20.70.435 of greater than five hundred thousand one GFA shall provide at least two off-street loading spaces plus at least one additional off-street loading space for each four hundred thousand GFA increment above the initial five hundred thousand one GFA.

(Ords. 26248, 27091, 27441.)

A.

The director may authorize the reduction of two on-site loading spaces to one on-site loading space in connection with the issuance of a development permit if the director finds that sufficient on-street loading space exists to accommodate circulation and manipulation of freight.

B.

The director may reduce the number of off-street loading spaces based on the available loading space within the public right-of-way.

(Ords. 26248, 27091.)

Loading spaces, driveways and maneuvering space in on-site loading areas shall comply with Sections 20.90.420 and 20.90.430.

(Ords. 26248, 27091.)

Any new structure approved pursuant to this title shall provide facilities, circulation and maneuvering space to accommodate participation in the city's recycling program.

(Ords. 26248, 27091.)

Any use that generates garbage, as defined in Section 9.10.120 of this Code, shall provide an enclosed and ventilated space with drain and wash systems adequate to accommodate anticipated waste.

(Ords. 26248, 27091.)

The number of required bicycle parking spaces shall be as set forth in Chapter 20.90 of this title.

(Ords. 28836, 30857.)

For any project in the downtown zoning districts that are subject to a development permit, that project shall be subject to design guidelines adopted by the city council for the applicable area.

(Ord. 27091.)

A.

No retail commercial establishment (including but not limited to a public eating establishment and/or retail sales) or entertainment establishment (without alcohol) shall be open between the hours of 12:00 midnight and 6:00 a.m. in the DC and DC-NT1 districts except with a special use permit as provided in Chapter 20.100.800 of this title.

B.

No drinking establishment shall be open between the hours of 12:00 midnight and 6:00 a.m. in the DC or DC-NT1 districts except with a conditional use permit as provided in Chapter 20.100 of this title.

(Ords. 26248, 27091, 30190.)

A.

"Active Use Area Overlay" (AUA) means ground-floor, street frontage, building space. The overlay requires "active uses," store front style façade design, and window transparency. Permitted uses include general retail, education and training, entertainment and recreation, food service, personal services but not financial services, medical and veterinary services, other general services, public, quasi-public and assembly. Prohibit residential, and other uses not mentioned above (although a residential portal not exceeding 25 feet in width will be allowed). These design requirements and uses apply to the following street frontages:

1.

Santa Clara Street from San Pedro Street to Fourth Street;

2.

Post Street from Almaden Boulevard and to First Street;

3.

San Fernando Street from Highway 87 to Second Street;

4.

Park Avenue from Almaden Boulevard to First Street;

5.

San Carlos Street from Market Street to Fourth Street;

6.

San Pedro Street from St. John Street to San Fernando Street; and

7.

First Street from Santa Clara Street to William Street.

B.

Tenant spaces in the Active Use Area shall conform with the San José Downtown Design Guidelines and Standards as approved by City Council on April 23, 2019.

(Ords. 26326, 27091, 27441, 30290.)

Editor's note— Ord. 30290, § 1, adopted Aug. 6, 2019, changed the title of § 20.70.520 from "Definitions of DG overlay area" to "Definitions of the Ground Floor Active Use Area Overlay (AUA)," as set out herein.

Except as otherwise provided in this chapter:

A.

Issuance of any development permits required by this chapter shall be governed by Chapters 20.100 of this Code.

B.

Issuance of permits or approvals relating to nonconforming uses in the DC and DC-NT1 downtown districts shall be governed by Chapter 20.150 of this Code.

C.

Issuance of any variances for properties in the DC and DC-NT1 districts shall be governed by Part 11 of Chapter 20.100 of this Code.

(Ords. 26248, 27091.)

The standards applicable in the Downtown West Planned Development Zoning District, including but not limited to permitted land uses, building heights, open space requirements, design standards, and subsequent conformance review and approval and appealability requirements, shall be as set forth in City Council Ordinance No. 30609, which established the Downtown West Planned Development Zoning District and adopted the Downtown West General Development Plan. Notwithstanding any other provision of this Title 20, City Council Ordinance No. 30609 establishes the applicable standards and requirements for the Downtown West Planned Development Zoning District. In the event of a conflict between Title 20 and City Council Ordinance No. 30609, City Council Ordinance No. 30609 shall control and shall govern development within the Downtown West Planned Development Zoning District.

(Ord. 30608.)