City of San Jose Proposed Zoning

What's New

Tue, 22 Apr 2008 10:32:42 -0700

Alum Rock NBD Zoning District - Proposal to develop a form-based zoning district or overlay district for the Alum Rock Business District between Alum Rock and I-680. Status: Community meeting to discuss potential zoning parameters anticipated in June, 2008.

Retaining Walls and Fences - Proposal to amend Residential Zoning Districts to streamline regulation of retaining walls, clarify and revise fence regulations and make other changes to the residential zoning districts.

New Residential Zoning Districts - Proposal to create additional multi-family zoning districts to streamline the approval process for multi-family residential projects and to comply with requirements of State law for the promotion of affordable housing development.

Tree Removal Permit Processing - Proposal to streamline the process for Tree Removal Permits on single-family properties, including potential reassignment of review and processing to the City Arborist.
Massage - Proposal to amend Title 20, the Zoning Ordinance, to modify provisions that allow massage uses in large shopping centers to eliminate the requirement that such shopping centers must be designated Regional Commercial on the General Plan Land Use/Transportation Diagram, and to amend both Title 6 and Title 20 to clarify massage requirements and to better align police permit and zoning requirements of the Municipal Code for massage uses.
Off-Sale of Alcohol - Proposal to revise the approval process for off-sale of alcohol to eliminate Planning Commission review of those permits for off-sale of alcohol that the Commission does not have the authority to approve and to send these Permits directly to the City Council for a decision.

Proposed Ordinances

Mon, 28 Jan 2008 10:25:45 -0700

Tree Removal Permit Processing – Proposal to streamline the process for Tree Removal Permits on single-family properties, including potential reassignment of review and processing to the City Arborist.

Secondary Units – Proposal to adopt a permanent ordinance to allow for the review and permitting of secondary residential units.

Industrial Zoning Districts – Proposal to modify the City’s Industrial Zoning Districts to streamline the permit process for specific uses.

Sign Ordinance Update – Major update of the City’s Sign Ordinance focusing on signage in the Downtown area and the City’s commercial and industrial Zoning Districts. Currently an RFP for consultant services is under preparation. Outreach activities anticipated to begin in April 2008.

Downtown Zoning District – Proposal to create special zoning overlay districts within the Downtown to either streamline or further regulate entertainment uses. The area to which the Downtown Zoning Districts can be applied may also be expanded to incorporate additional areas designated as part of the Downtown by the City’s General Plan. Outreach to be conducted between February and June of 2008.

New Residential Zoning Districts – Proposal to create additional multi-family zoning districts to streamline the approval process for multi-family residential projects and to comply with requirements of State law for the promotion of affordable housing development.

Retaining Walls - Proposal to streamline regulation of retaining walls on single-family residential properties and other minor changes to the residential zoning districts.

Stormwater Requirements - Proposal to update the City’s Stormwater Requirements

Alum Rock NBD Zoning District – Proposal to develop a form-based zoning district or overlay district for the Alum Rock Business District between Alum Rock and I-680.

Proposed Ordinance Changes (Under Consideration)

Mon, 28 Jan 2008 10:25:01 -0700

Tree Removal Permit Processing – Proposal to streamline the process for Tree Removal Permits on single-family properties, including potential reassignment of review and processing to the City Arborist.

Secondary Units – Proposal to adopt a permanent ordinance to allow for the review and permitting of secondary residential units.

Industrial Zoning Districts – Proposal to modify the City’s Industrial Zoning Districts to streamline the permit process for specific uses.

Sign Ordinance Update – Major update of the City’s Sign Ordinance focusing on signage in the Downtown area and the City’s commercial and industrial Zoning Districts. Currently an RFP for consultant services is under preparation. Outreach activities anticipated to begin in April 2008.

Downtown Zoning District – Proposal to create special zoning overlay districts within the Downtown to either streamline or further regulate entertainment uses. The Downtown Zoning distract area may also be expanded to incorporate additional areas designated as part of the Downtown with the City’s General Plan. Outreach to be conducted between February and June of 2008.

New Residential Zoning Districts – Proposal to create additional multi-family zoning districts to streamline the approval process for multi-family residential projects and to comply with requirements of State law for the promotion of affordable housing development.

Proposal to streamline regulation of retaining walls on single-family residential properties and other minor changes to the residential zoning districts.

Update Stormwater Requirements

Alum Rock NBD Zoning District – Proposal to develop a form-based zoning district or overlay district for the Alum Rock Business District between King Road and I-680.

Projected Light Sign Ordinance

Wed, 10 Oct 2007 11:07:25 -0700

This ordinance proposes to allow projected light signs (signs projected from an external light source onto a message surface) in the Downtown Sign Zone subject to specific parameters. The City Council will consider this ordinance at 1:30 p.m. on October 16, 2007 in the City Council Chamber at 200 East Santa Clara Street, San Jose, CA 95113. White Paper Public Hearing Notice Staff Report

Historic Sign Relocation Ordinance
This ordinance proposes to allow the Director of Planning to approve relocation of historic signs that are listed on the Historic Resources Inventory in a manner that preserves the historic sign. The City Council will consider this ordinance at 1:30 p.m. on October 16, 2007 in the City Council Chamber at 200 East Santa Clara Street, San Jose, CA 95113. White Paper

Secondary Unit Pilot Program Extension Ordinance

Thu, 20 Sep 2007 09:04:40 -0700

This ordinance proposes the extension of the Secondary Unit Pilot Program and the associated suspension of park impact fees for an additional six months, to April 30, 2008. The pilot program is currently scheduled to end on October 31, 2007. The proposed extension would not change the maximum 100 total units allowed under the pilot program, but does include changes to the development parameters. The Planning Commission will hold a public hearing to consider the ordinance on September 26, 2007 at 6:30 p.m. Public Hearing Notice. The City Council will hold a public hearing on the ordinance on October 16, 2007 Public Hearing Notice. Both of these hearings will be held in the City Council Chamber at 200 East Santa Clara Street, San Jose, CA 95113.

Second Units Pilot Program Presentation

Second Units webpage

Projected Light Sign Ordinance

This ordinance proposes to allow projected light signs (signs projected from an external light source onto a message surface) in the Downtown Sign Zone subject to specific parameters. The City Council will consider this ordinance at 1:30 p.m. on October 16, 2007 in the City Council Chamber at 200 East Santa Clara Street, San Jose, CA 95113. White Paper Public Hearing Notice

Historic Sign Relocation Ordinance

This ordinance proposes to allow the Director of Planning to approve relocation of historic signs that are listed on the Historic Resources Inventory in a manner that preserves the historic sign. The City Council will consider this ordinance at 1:30 p.m. on October 16, 2007 in the City Council Chamber at 200 East Santa Clara Street, San Jose, CA 95113. White Paper Public Hearing Notice

Downtown Soft Closing Pilot Program.

Fri, 27 Jul 2007 10:42:06 -0700

Ordinance No. 28072. (Adopted 6-26-07, effective 7-27-07) This ordinance allows bars, nightclubs and restaurants in specific areas of Downtown San Jose (see Pilot Program Location Map) that are currently authorized to remain open until 2:00 a.m., to remain open until 3:00 for a 90-day pilot program (effective until October 25, 2007). During the pilot program, businesses authorized to remain open until 3:00 a.m. may engage in all activities between 2:00 and 3:00 a.m. that are currently authorized between 1:00 and 2:00 a.m., except the sale of alcoholic beverages. The ordinance gives the City Manager the authority to extend the pilot program for an additional 90 days if she determines that this is necessary to collect additional information or to establish processes through which the pilot program could be made permanent.

Secondary Unit Pilot Program Extension

Mon, 9 Jul 2007 13:56:06 -0700

Ordinance No. 28055. (Adopted 6-5-07; effective 7-5-07). This ordinance extends the Secondary Unit Pilot Program through 10-31-07 and continues to exempt secondary units built under the ordinance from park impact fees. The program was previously scheduled to end on 6-30-07. The ordinance does not change the pilot program limit of 100 secondary unit applications.

Recently Adopted Ordinances

Tue, 3 Jul 2007 09:15:56 -0700

Sign Code Amendment. Ordinance No. 28022. (Adopted 5-8-07, effective 6-7-07) This proposal includes changes to the requirements for temporary signs, freestanding signs in specific commercial and industrial zoning districts, and gas station canopies; authorizes a new arcade sign; clarifies the requirements for programmable display kiosks in the Downtown Sign Zone; and clarifies that balloon signs are prohibited except where specifically authorized.

Tree Removal Permit Posting Requirements. Ordinance No. 27978. (Adopted 2/27/07, effective 3/29/07) Amends Title 13 of the San Jose Municipal Code to require that a Tree Removal Permit be posted and available for inspection on the site during removal of an ordinance-size tree (tree that is 56 inches in circumference or greater measured at 2 feet above natural grade).

Parking for Neighborhood Business Districts/Ministorage Uses. Ordinance No. 27955 (Adopted 12/12/06, effective 2/9/07) Amends Chapter 20.90 of the Zoning Code to reduce parking requirements for specific ground floor uses on properties designated with the Neighborhood Business District General Plan overlay, and to reduce parking requirements for ministorage uses citywide.

Proposed Extension of the Secondary Unit Pilot Program

Tue, 3 Jul 2007 09:14:09 -0700

Proposed Extension of the Secondary Unit Pilot Program

This ordinance proposes the extension of the Secondary Unit Pilot Program and the associated suspension of park impact fees for an additional four months, to October 31, 2007. The pilot program is currently scheduled to end on June 30, 2007. The proposed extension would not change the maximum 100 total units allowed under the pilot program. The City Council will hold a public hearing to consider the ordinance on May 22, 2007 at 7:00 p.m. in the City Council Chambers at 200 East Santa Clara Street, San Jose, CA 95125.

The Department of Planning, Building and Code Enforcement has now accepted 57 applications for secondary units, 36 of which have been approved and 10 constructed; has begun evaluating the pilot program; and will be conducting community outreach in May in preparation for making a recommendation to the City Council regarding the issue of a permanent secondary unit ordinance. This proposed extension would ensure continuity of the pilot program while the Council deliberates regarding a permanent secondary unit program. Questions or comments on the proposed extension of the pilot program should be direct to Carol Hamilton at carol.hamilton@sanjoseca.gov. Staff Report

Second Units webpage

Updated March 26, 2007

Tue, 27 Mar 2007 11:26:52 -0700

Tree Removal Permit Posting Requirements. Ordinance No. 27978. (Adopted 2/27/07, effective 3/29/07) Amends Title 13 of the San Jose Municipal Code to require that a Tree Removal Permit be posted and available for inspection on the site during removal of an ordinance-size tree (tree that is 56 inches in circumference or greater measured at 2 feet above natural grade).

Parking for Neighborhood Business Districts/Ministorage Uses. Ordinance No. 27955 (Adopted 12/12/06, effective 2/9/07) Amends Chapter 20.90 of the Zoning Code to reduce parking requirements for specific ground floor uses on properties designated with the Neighborhood Business District General Plan overlay, and to reduce parking requirements for ministorage uses citywide.

Updated February 22, 2007

Thu, 22 Feb 2007 12:20:40 -0700

Tree Removal Permit Posting Requirements. Ordinance No. 27978. (First Reading 2/13/07, Second Reading anticipated 2/27/07). Amends Title 13 of the San Jose Municipal Code to require that a Tree Removal Permit be posted and available for inspection on the site during removal of an ordinance-size tree (tree that is 56 inches in circumference or greater measured at 2 feet above natural grade).

Parking for Neighborhood Business Districts/Ministorage Uses. Ordinance No. 27955 (Adopted 12/12/06, effective 2/9/07) Amends Chapter 20.90 of the Zoning Code to reduce parking requirements for specific ground floor uses on properties designated with the Neighborhood Business District General Plan overlay, and to reduce parking requirements for ministorage uses citywide.

Updated January 9, 2007

Fri, 12 Jan 2007 08:54:36 -0700

(Title 20 of the San Jose Municipal Code)

Downtown Height Study

Downtown San Jose is directly under the primary aircraft approach and departure paths for the Norman Y. Mineta San Jose International Airport. The technical analysis for the downtown area has been completed. Click here for more information on the Downtown Height Study.

Neighborhood Business District Parking

On December 12, 2006, the City Council approved an ordinance amending Chapter 20.90 of the Zoning Code to reduce the parking requirements for specific ground floor uses (retail, personal service and food/beverage/entertainment uses) within the Neighborhood Business Districts to 1 space per 400 square feet of net floor area. The ordinance also reduces parking for ministorage uses from 1 space per 2,000 square feet and 1 space per resident manager to 1 space per 5,000 square feet and 1 space per resident manager and includes an exception allowing the Director of Planning to further reduce parking for single-story ministorage buildings which have loading spaces adjacent to the storage units. Final adoption of the ordinance is scheduled for January 9, 2007. If adopted by the City Council on that date, the ordinance will be effective on February 9, 2007.

North First Street Zoning District

Staff is in the preliminary stages of developing zoning districts and other regulatory tools that help to implement the Vision: North San Jose land use policy.

Retaining Walls

Staff is working on a Code revision to permit retaining walls between two and five feet high without requiring a public hearing process.

For more information, please contact carol.hamilton@sanjoseca.gov .

Updated December 18, 2006

Mon, 18 Dec 2006 09:20:49 -0700

Neighborhood Business District Parking

On December 12, 2006, the City Council approved an ordinance amending Chapter 20.90 of the Zoning Code to reduce the parking requirements for specific ground floor uses (retail, personal service and food/beverage/entertainment uses) within the Neighborhood Business Districts to 1 space per 400 square feet of net floor area. The ordinance also reduces parking for ministorage uses from 1 space per 2,000 square feet and 1 space per resident manager to 1 space per 5,000 square feet and 1 space per resident manager and includes an exception allowing the Director of Planning to further reduce parking for single-story ministorage buildings which have loading spaces adjacent to the storage units. Final adoption of the ordinance is scheduled for January 9, 2007. If adopted by the City Council on that date, the ordinance will be effective on February 9, 2007.

Updated May 9, 2006

Tue, 9 May 2006 10:09:14 -0700

(Title 20 of the San Jose Municipal Code)

Zoning Code / Counter-to-Council streamlining

As a part of the Counter-to-Council process, a number of Code changes have been proposed. Each is explained below:

Generators in Industrial Districts

Staff is proposing to allow back-up generators that meet noise and air quality standards in industrial districts and the CG General Commercial district with a Permit Adjustment, issued over the counter, instead of an Administrative Permit or a Special Use Permit.

Building Expansions

Staff is proposing to allow small expansions of industrial and commercial buildings (up to 5,000 square feet in area) without a public hearing process.

New Use Category for Wineries and Breweries

This proposed Code amendment would create a separate use category for wineries and breweries, which would be allowed in the commercial and downtown districts, subject to a Conditional Use Permit.

These proposed Code changes were heard by the Planning Commission on April 26, and will be heard by the City Council on May 16 at 7 p.m. A staff report is available here.

Other proposed Amendments to the Zoning Ordinance

Neighborhood Business District Parking

Staff is currently looking into relaxing parking standards in Neighborhood Business Districts to encourage re-tenanting of existing commercial spaces. As a part of this process, staff is meeting with neighborhood groups and business associations to explain the proposal.

North First Street Zoning District

Staff is in the preliminary stages of developing zoning districts and other regulatory tools that help to implement the Vision: North San Jose land use policy.

Retaining Walls

Staff is working on a Code revision to permit retaining walls between two and five feet high without requiring a public hearing process.

For more information, please contact john.davidson@sanjoseca.gov .