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Pending / Future Amendments
Proposed Fall Municipal Code Amendments

Public Hearing
The proposed Zoning Code Amendments described below are scheduled for hearings September 23, 2015, 6:30 PM with Planning Commission and October 6, 2015, 1:30 PM with City Council

Downtown Zoning Districts: 
  • Modify the permit process and expand the Downtown Ground-floor Space (DG Overlay Area) eligibility to include auctions, second-hand stores, photography studios, weight loss centers, interior decorating, auditoriums, and community centers.
  • For Amusement Game Arcades, modify the existing permit process in the DC-Downtown Primary Commercial Zoning District and add Amusement Game Arcades as an enumerated use in the DG Overlay Area.
  • Allow "Art Display Structure" as a newly enumerated use in the DC-Downtown Primary Commercial Zoning District and the DG Overlay Area.
  • Allow and regulate Lighting Displays in parking lots in the Downtown Zoning Districts.
  • Add language to clarify where residential uses are allowed in conformance with the Envision San José 2040 General Plan. 
  • Add and amend definitions related to Amusement Game Arcades, Art Display Structure, Lighting Display and other non-substantive changes.  
Chapter 20.200 Definitions: modify definitions of Adult Entertainment Establishment, Amusement Game Arcade, Lot Line, Front Setback Area, and Side Setback Area.

Other Code Amendments: The following Zoning Code amendments are targeted for Planning Commission and City Council consideration in 2015 / 2016.

Zoning Code and Title 6 (Business Licenses and Regulations) - Offsale of Alcoholic Beverages:
  • Currently, a full-service grocery store that applies for an offsale alcoholic beverage license from the State Department of Alcoholic Beverage Control must go through the process of obtaining a Conditional Use Permit (CUP) approved first by the City of San José Planning Commission and then the City Council. Full service grocery stores must also obtain a determination of public convenience or necessity (PC or N) for offsale of alcohol. The City is considering simplifying this process by allowing the issuance of a Special Use Permit (SUP) and determination of PC or N as approved by the Planning Director, in conformance with State laws that regulate the concentration in neighborhoods of the number of businesses selling alcoholic beverages for off-site consumption.

Municipal Code changes related to Economic Development
  • Outdoor Vending of Fresh Fruits and Vegetables: Make modifications to Outdoor Vending of Fresh Fruits and Vegetables on private property in Residential Zoning Districts to reduce the minimum allowable distance from such Vendors to residential uses and to extend the maximum allowable time to vend fresh fruits and vegetables.

Residential Zoning Standards
  • Reduce Setbacks and Parking for Residential Zoning Districts - Consider reducing setbacks and parking as incentives for providing affordable housing in compliance with State Density Bonus law. 
  • Maximum Allowable Height and Story Modification for R-M Multiple Residence Zoning District - Consider increasing maximum allowable height and stories for R-M to align with Urban Residential and Transit Residential land use designations in the Envision San Jose 2040 General Plan.

Distinctive Neighborhoods Program
The City is developing a Distinctive Neighborhoods Program to add further protection and enhancement to unique residential neighborhoods, such as historic neighborhoods. The goals for the program include defining the characteristics of distinct neighborhoods based on input from community groups, neighborhood associations, the development community, and other interested parties and reviewing existing protections while also proposing potential revised and/or new protection options including identifying potential Municipal Code or other policy changes. Extensive outreach and policy analysis were done in 2009 and the City Council approved funding for the implementation of two Distinctive Neighborhood Program policy options.

Implementation of these policy options requires amendments to Title 13.48 (Historic Preservation Ordinance) and Title 20 (Zoning Code) of the City of San José Municipal Code as follows:

Title 13 - Historic Preservation Code
  • Conservation Area streamlined designation process – Amendments to the Code are proposed that would modify the process for the establishment of Conservation Areas. The proposed change would remove the requirement that all structures must be individually evaluated as part of a survey of a proposed Conservation Area, and instead require preparation of a context statement evaluating the neighborhood as a whole.
  • Conservation Area interim regulations – Amendments to the Code would also provide interim regulations for homes within proposed Conservation Areas after a complete Conservation Area application has been filed, during the period that the City is processing the neighborhood’s Conservation Area application.

Title 20 - Zoning Code
  • Require a Planning Permit for proposals to demolish older homes located anywhere within the City – To address concerns about the demolition of older homes that contribute to neighborhood character, code revisions are proposed that would require that a Single Family House Permit be obtained for proposals to demolish single-family homes that were built before 1965. 
  • Demolition Definition – Changes are proposed to the definition of “Demolition” as it applies to single family homes built prior to 1965 or homes listed on the Historic Resources Inventory. These revision would give more emphasis to the amount of building being removed or altered that faces a street(s). Demolition would now include the removal of more than forty percent (40%) of the surface of building elevations facing a street(s).

Public Hearing for Distinctive Neighborhoods Program

  • May 7, 2014 Historic Landmarks Commission Meeting: The Historic Landmarks Commission provided their recommendation and comments to the City Council.
  • Planning Commission and City Council Meetings: The proposed Ordinances are tentatively scheduled for Planning Commission and City Council consideration in 2015 / 2016.

Future Municipal Code Amendments and Policy Changes
Per prioritization established by the City Council, the City is working on possible Municipal Code and/or policy changes to address the following topics:  
  • Zoning Ordinance Quarterly Modification - Minor changes to the Zoning Code conducted as part of ongoing maintenance of the Code on a regular basis.
  • Riparian Corridor Policy/Ordinance - Study a Riparian Corridor Ordinance proposal.
  • Mobilehome Park - Modify the Zoning Code and / or General Plan to provide increased protection for mobilehome parks.
  • Secondary Units (granny flats) -Consider allowing secondary units in the R-2 Two-Family Residence Zoning District on lots with one primary dwelling that is a single-family residence.
  • Tattoo Parlors - Adopt regulations specific to Tattoo Parlors and other related businesses. 
  • Development Agreement Policy - Update criteria
  • Wood Burning Appliances - Revise criteria for operation to reduce air pollution.
  • Newsracks in Neighborhood Business Districts (NBDs) - Create criteria for location and signage. 


Jenny Nusbaum, Supervisor of Ordinance and Policy Team.
Email or (408) 535-7872