§ 20.40.100. Allowed uses and permit requirements.

A.

"Permitted" land uses are indicated by a "P" on Table 20-90.

B.

"Conditional" uses are indicated by a "C" on Table 20-90. 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 as set forth in Chapter 20.100. "Conditional" uses which may be approved only on parcels designated on the land use/transportation diagram of the general plan, as amended, with a designation that allows residential use are indicated by a "C ^GP " on Table 20-90. These uses may be allowed in such designated districts, as a part of mixed use residential/commercial, but only upon issuance of and in compliance with a conditional use permit as set forth in Chapter 20.100.

C.

"Conditional" uses requiring city council approval as the initial decision-making body are indicated by a "CC" on Table 20-90. 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 city council as set forth in Chapter 20.100. Applications for these uses shall first be considered by the planning commission at a public hearing of the commission for the commission's report and recommendation on the application to the city council pursuant to the processes set forth in Chapter 20.100.

D.

"Special" uses are indicated by a "S" on Table 20-90. 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. "Special" uses which may be approved only on parcels designated on the land use/transportation diagram of the general plan, as amended, with a designation that allows residential use are indicated by a "S ^GP " on Table 20-90. These uses may be allowed in such designated districts, as a part of mixed use residential/commercial, but only upon issuance of and in compliance with a special use permit as set forth in Chapter 20.100.

E.

"Administrative" uses are indicated by an "A" on Table 20-90. 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.

F.

"Restricted" land uses are indicated by an "R" on Table 20-90. 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.

G.

Land uses not permitted are indicated by a "-" on Table 20-90. Land uses not listed on Table 20-90 are not permitted.

H.

When the right column of Table 20-90 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote applies 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 20-90
Commercial Districts and Public/Quasi-Public Zoning District
Land Use Regulations

Use	Zoning District					Notes & Section
	CO	CP	CN	CG	PQP
General Retail
Retail sales, goods and merchandise	-	P	P	P	-	Note 21
Alcohol, off-site sales - beer and/or wine only	-	C	C	C	-	Section 20.80.900; Note 21
Alcohol, off-site sales, full range of alcoholic beverages	-	C	C	C	-	Section 20.80.900; Note 21
Aquaculture/ Aquaponics	S	S	S	S	S
Auction	-	-	-	C	C
Bakery, retail	-	P	P	P	-	Note 21
Certified Farmers' Market	S	S	S	S	S	Part 3.5, Chapter 20.80
Certified Farmers' Market - Small	P	P	P	P	P	Part 3.5, Chapter 20.80
Food, beverage, groceries	-	P	P	P	S
Neighborhood Agriculture	P	P	P	P	P	Title 7; Note 19
Nursery, Plant	P	P	P	P	P	Note 1
Outdoor Vending	-	A	A	A	A	Part 10, Chapter 20.80
Outdoor Vending - Fresh Fruits and Vegetables	P	P	P	P	P	Part 10, Chapter 20.80
Pawn shop/broker	-	C	C	C	-	See Title 6
Seasonal sales						Part 14, Chapter 20.80
Retail Art Studio	-	P	P	P	-	Section 20.80.1175, Note 21
Education and Training
Child Day Care Center located on an existing School Site or as an incident to a permitted on-site church/religious assembly use involving no Building additions or changes to the Site	P	P	P	P	P-	Note 21
Day care center	C	C	C	C	C
Instructional Art Studios	-	P	P	P	S
Instructional Art Studios, with live models	-	C	C	C	C
Private instruction, personal enrichment	-	P	P	P	S
School - elementary and secondary (public or private)	C	C	C	C	S	Note 16; Note 20; Note 21
School, driving (class C & M license)	-	P	P	P	S	Note 2; Note 20; Note 21
School, Post Secondary	-	P	P	P	S	Note 3; Note 20; Note 21
School, Trade and Vocational	-	C	C	C	S	Note 16; Note 20; Note 21
Entertainment and Recreation Related
Arcade, Amusement Game	-	C	C	C	-	Note 21
Dancehall	-	C	C	C	C	Note 21
Poolroom/billiards establishment	-	C	C	C	-	Note 21
Private club or lodge	C	C	C	C	-
Recreation, Commercial indoor	-	P	P	P	S	Note 21
Recreation, Commercial outdoor	-	C	C	C	C	Note 21
Relocated Cardroom	-	-	-	C	-	Section 20.80.1155
Stadium, 2,000 seats or fewer	-	C	C	C	C	Note 17
Stadium, more than 2,000 seats	-	CC	CC	CC	CC	Note 17; Note 18
Theatre, indoor	-	C	C	C	C	Note 21
Theatre, outdoor	-	-	-	C	C	Note 21
Food Services
Banquet Facility	-	C	C	C	C
Caterer	-	P	P	P	S	Note 4
Drinking Establishments	-	C	C	C	-	Note 21
Drinking Establishments interior to a full-service hotel/motel that includes 75 or more guest rooms	-	P	P	P	-	Section 20.80.475; Note 21
Public Eating Establishments	-	P	P	P	-	Note 21
Outdoor dining, incidental to a Public Eating Establishment or a retail establishment	-	P	P	P	-	Section 20.40.520; Note 21
Wineries, breweries	-	C	C	C	-	Note 21
Incidental recreational dancing as part of a Public Eating Establishment or Drinking Establishment	-	P	P	P	-	Note 21
Health and Veterinary Services
Animal boarding, indoor	P only as incidental to Neighborhood Agriculture; Otherwise prohibited.	P	P	P	P only as incidental to Neighborhood Agriculture; Otherwise S.	Section 20.40.120
Animal grooming	P only as incidental to Neighborhood Agriculture; Otherwise prohibited.	P	P	P	P only as incidental to Neighborhood Agriculture; Otherwise S.	Section 20.40.120
Emergency ambulance service	C	C	C	C	C
Hospital/in-patient facility	C	C	C	C	C	Note 21
Office, Medical	P	P	P	P	S	Note 21
Veterinary Clinic	-	P	P	P	C	Note 16
General Services
Bail Bond Establishment - outside main jail area	-	P outside of Urban Village; S in Urban Village	P	P	-	Part 1.5, Chapter 20.80
Bail Bond Establishment - within main jail area	-	P outside of Urban Village; S in Urban Village	P	P	-	Note 14; Part 1.5, Chapter 20.80
Bed and Breakfast Inn	-	P	P	P	-	Part 2, Chapter 20.80; Note 21
Dry cleaner	-	P	P	P	-	Note 21
Hotel or Motel	-	P	P	P	-	Note 21
Single Room Occupancy (SRO) Hotel	-	C	C	C	-	Part 15, Chapter 20.80
Laundromat	-	P	P	P	-	Note 21
Maintenance and repair, small household appliances	-	P	P	P	-	Note 21
Messenger services	P	P	P	P	-	Note 2; Note 21
Mortuary and Funeral Services	P	P	P	P	-	Note 21
Personal Services	-	P	P	P	-	Section 20.200.880; Note 21
Photo processing and developing	-	P	P	P	-	Note 21
Printing and publishing	-	P	P	P	-	Note 21
Offices and Financial Services
Automatic teller machine	P	P	P	P	S	Section 20.80.200
Business Support	-	P	P	P	-	Note 21
Financial institution	P	P	P	P	-	Note 21
Office, General Business	P	P	P	P	S	Section 20.40.110; Note 21
Payday Lending Establishment	-	R outside of Urban Village; Prohibited in Urban Village	R	R	-	Part 12.5, Chapter 20.80; Section 20.200.875
Public, Quasi-Public and Assembly Uses
Cemetery	C	C	C	C	C
Church/religious assembly	C	C	C	C	S	Note 16; Note 20; Note 21
Construction/ corporation yard associated with Public, Quasi-Public or Assembly Use or Transportation or Utility Use	-	-	-	-	C
Museums, libraries, parks, playgrounds, or community centers (publicly operated)	P	P	P	P	P	Note 21
Museums, libraries, parks, playgrounds, or community centers (privately operated)	C	C	C	C	S	Note 20; Note 21
Residential
Emergency Residential Shelter	C	C	C	C	C	Section 20.80.500
Live/Work Uses	-	S	S	S	-	Note 6; Section 20.80.740
Mixed Use residential/commercial	-	C GP outside of Urban Village; S GP in Urban Village	C	C GP	-	Note 6
Residential Care Facility for seven or more persons	C	C	C	C	C
Residential Service Facility for seven or more persons	C	C	C	C	C
Hotel Supportive Housing	C	C	C	C	C	Note 22; Part 22 of Chapter 20.80
Single Room Occupancy Living Unit	-	C	C	C	-	Note 6; Part 15, Chapter 20.80
Drive-Through Uses
Drive-through Uses in conjunction with any use	-	-	C	C	C
Recycling Uses
Reverse Vending Machine	A	A	A	A	A	Part 13, Chapter 20.80
Small Collection Facility	A	A	A	A	A	Part 13, Chapter 20.80
Transportation and Utilities
Data Center	-	-	-	C	-	Note 21
Common Carrier	-	-	-	-	C	Note 21
Common Carrier Depot	-	-	-	-	S	Note 21
Community television antenna systems	C	C	C	C	C
Off-site, Alternating Use and Alternative Parking Arrangements	S	S	S	S	S	Section 20.90.200
Parking Establishment, Off-street	C	C	C	C	C
Short term parking lot for uses or events other than on-site	-	-	-	C	C	Note 7
Television, radio studios without antenna/dishes	-	-	-	C	C
Utility Facilities, excluding corporation yards, storage or repair yards and warehouses	C	C	C	C	C
Utility Facilities including corporation yards, storage or repair yards and warehouses	-	-	-	-	C
Wireless Communication Antenna	C	C	C	C	C	Note 23, Sections 20.100.1300, 20.80.1915
Wireless Communication Antenna, Slimline Monopole	S	S	S	S	S	Note 23, Sections 20.80.1900, 20.80.1915
Wireless Communication Antenna, Building Mounted	P	P	P	P	P	Note 23, Sections 20.80.1910, 20.80.1915
Electrical Power Generation
Fuel Cells	P	P	P	P	P
Private Electrical Power Generation Facility	C	C	C	C	C	Note 2
Co-generation Facility	S	S	S	S	S
Stand-by/Backup
Facilities that do not exceed noise or air standards	A	A	A	P	A
Facilities that do exceed noise or air standards	C	C	C	C	C
Temporary Stand-by/Backup	P	P	P	P	P
Solar Photovoltaic System	P	P	P	P	P	Section 20.100.610 C.7.
Vehicle Related Uses
Accessory installation, passenger vehicles and pick-up trucks	-	C	C	P	-
Auto dealer, wholesale, no on-site storage	P	P	P	P	-
Car wash, detailing	-	-	C	C	-
Gasoline Service or Charge Station	-	C	C	P	C	Note 8, Note 15
Gasoline Service or Charge Station with incidental service and repair	-	C	C	P	C	Note 9, Note 13
Glass sales, installation and tinting	-	-	C	P	-	Note 13
Leasing (rental) passenger vehicles, pick-up trucks not exceeding twenty-five feet in length, and motorcycles	-	C	C	P	-	Note 2
Sale, brokerage, or lease, commercial vehicles	-	C	C	C	-	Note 13
Sale or brokerage, Passenger Vehicles, pick-up trucks not exceeding twenty-five feet in length, and motorcycles	-	C	S	P	-	Note 12, Note 13
Sale, vehicle parts	-	S	P	P	-	Note 11
Tires, batteries, lube, oil change, smog check station, air conditioning servicing of passenger vehicles and pick-up trucks	-	C	C	P	-	Note 10, Note 13
Historic Reuse
Historic Landmark Structure reuse	S	S	S	S	S	Part 8.5, Chapter 20.80

 

Notes applicable to all commercial districts :

1.

In the CP district, landscaping materials, such as rock, mulch, and sand are limited to prepackaged sales.

2.

No on site storage of vehicles permitted in the CP and CN zoning districts.

3.

Includes public and private colleges and universities, as well as extension programs and business schools.

4.

Not a catering facility.

5.

No on site storage of vehicles permitted.

6.

In an urban village, mixed-use residential/commercial only: (a) under an approved urban village plan with an implementation financing strategy approved by the city council; or (b) without an approved urban village plan in a signature project consistent with the general plan or (c) if residential portion of use is 100% deed restricted and affordable to persons of low very low and/or extremely low income as defined in California Government Code Section 65915 et seq. and in conformance with all criteria in the general plan for such use. Live/work in an area with an urban village designation or urban village overlay in the general plan shall be consistent with applicable approved urban village plans.

7.

Use must be less than twenty-four hours.

8.

No incidental repair or service permitted.

9.

Incidental repair includes non-invasive engine service, maintenance and repair, including but not limited to, air conditioning service, fuel system service, electrical service, coolant system service, tune-up, fluid exchanges, steering and suspension system service, brake system service, transmission adjustment and service, lube, oil change, smog check, diagnostics and vehicle inspections, stock catalytic converters and manifolds, as well as tires, batteries and accessories installation. Does not allow body repair, welding, vehicle restorations, other types of exhaust system repair, the removal of cylinder heads, engines, transmissions/transfer cases and differentials, or painting.

10.

Includes non-invasive engine service, maintenance and repair, including but not limited to, air conditioning service, carburetor and fuel injection system service, electrical service, radiator coolant system service, and tune-up, fluid exchanges, steering and suspension system service, brake system service, transmission adjustment and service, lube, oil change, and smog check, diagnostics and vehicle inspections, stock catalytic converters and manifolds, as well as tires, batteries and accessories installation. Does not allow body repair, welding, vehicle restorations, other types of exhaust system repair, the removal of cylinder heads, engines, transmissions/transfer cases and differentials, or painting.

11.

No outdoor sales areas or dismantling allowed.

12.

In the CG district, incidental repair of vehicles requires a special use permit. Incidental repair of vehicles is prohibited in all other commercial districts.

13.

All vehicle-related repair, service, and accessory or other installation shall be conducted within a fully enclosed building.

14.

Bail bond establishments shall not be located and are prohibited uses on the ground floors of structures located within the main jail area, as that area is defined in Section 20.80.070 of Chapter 20.80 of this title. Bail bond establishments are allowed as shown on Table 20-90 on other, above-ground floors of structures. All bail bond establishments shall meet all distance requirements specified in Section 20.80.075 of Chapter 20.80 of this title.

15.

Charging 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 commercial zoning districts.

16.

Public schools are subject to the regulations of this title, subject to the provisions of California Government Code Section 53094 for classroom facilities.

17.

Primary uses include sporting events, assembly venues, concerts, and entertainment events of similar character and intensity. Incidental support uses include offices, locker rooms, retail, public eating establishments, drinking establishments, outdoor vending facilities, and other commercial uses of similar character and intensity.

18.

Use permit applications for stadiums that consist of more than 2,000 seats and that are in airport influence areas shall be referred to the Santa Clara Airport Land Use Commission prior to approval by the city.

19.

Neighborhood agriculture in conformance with this title is a permitted use that may operate on a site without a permanent building on that site.

20.

The city council is the decision-making body for special use permit appeals for this use pursuant to Section 20.100.220 of this title.

21.

In the PQP public/quasi-public zoning district, the following uses may be allowed as a use supporting and incidental to a primary PQP use:

a.

Offices, retail, public eating establishments, and other commercial uses of similar character and intensity, with approval of a special use permit; and

b.

Drinking establishments, off-sale of alcoholic beverages, arcade amusement games, poolroom/billiards establishments, wineries, breweries, and data centers, with approval of a conditional use permit.

22.

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.

23.

Certain modifications of existing wireless facilities may be permitted with an administrative permit in accordance with Section 20.80.1915 of Chapter 20.80.

(Ords. 26248, 26326, 26388, 26455, 26456, 26704, 27091, 27468, 27564, 27701, 27757, 27797, 28320, 28321, 28449, 28579, 28694, 28791, 28954, 28958, 29011, 29012, 29042, 29089, 29122, 29218, 29254, 29364, 29420, 29447, 29546; Ord. 30190.)