Chapter 20.20

OPEN SPACE & AGRICULTURAL ZONING DISTRICTS

Parts:

• 1 General

• 2 Use Regulations 3 Development Regulations 4 Performance Standards

Part 1

GENERAL

Sections:

1. An alternative maximum height may be established as described in Chapter 20.85. Where an alternative maximum height restriction has been established as described in Chapter 20.85, that regulation described in Chapter 20.85 shall govern and control over the provisions of this section.

2. In the A Agriculture Zoning District, lots located wholly within the Coyote Valley Agriculture Overlay, as indicated on the general plan land use diagram, shall have a minimum lot area of 40 acres.

(Ords. 26248, 29176, 30690.)

Where the boundaries of a district are not clearly identifiable, the following rules of interpretation shall apply:

1. The boundary of a district is the center line of the street unless otherwise clearly delineated.

2. The boundaries shall be deemed to be on the property line wherever it appears to be on the line.

• (Ord. 26248.)

Unless specifically otherwise indicated or prohibited by ordinance of the city council or by applicable law, the director of planning shall be authorized to charge a fee as set forth in and in the manner described in a resolution adopted by the city council for each and every permit, accommodation, process or other authorization to be administered by the director under this title, which fee shall not exceed the costs incurred by the city in processing and providing the permit, accommodation, process or other authorization. (Ord. 26896.)

• A. This chapter sets forth the land use and development regulations applicable to the open space and agricultural zoning districts established by Section 20.10.060.

• B. No building, structure, or land shall be used, and no building or structure shall be erected, enlarged, or structurally altered, in the OS Open Space and A Agricultural Districts except as set forth in this chapter.

• C. The purposes of the open space and agriculture zoning districts are as follows:

  1. OS Open Space District. The purpose of the OS Open Space District is to provide for the public peace, health, safety, and welfare by conserving open space to ensure the continued availability of land for the preservation of natural resources, for the managed production of resources, for outdoor recreation, and for the enjoyment of scenic resources, and by protecting the people and property in the City of San José against physical environmental hazards. The regulations contained in the OS District are designed to enhance the

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2. A Agricultural District. The purpose of the A Agricultural District is to provide for areas where agricultural uses are desirable. The regulations contained in this district are intended to provide for a wide range of agricultural uses as well as implementing the goals and policies of the general plan.

• (Ords. 26248, 29012.)

Part 2

USE REGULATIONS

Sections:

• 20.20.100 Allowed uses and permit requirements.

• A. "Permitted" land uses are indicated by a "P" on Table 20-30.

• B. "Conditional" uses are indicated by a "C" on Table 20-30. 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.

• C. "Special" uses are indicated by a "S" on Table 20-30. 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.

• D. Land uses not permitted are indicated by a "-" on Table 20-30. Land uses not listed on Table 20-30 are not permitted.

• E. When the right column of Table 20-30 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 and any other title of the San José Municipal Code.

Table 20-30 Agricultural and Open Space Zoning District Use Regulations

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§ 20.20.100

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ZONING § 20.20.200

Notes:

1. The erection, enlargement, structural alteration, or use of any permanent building or structure for any permitted or conditional use in the OS open space district requires the issuance of a conditional use permit, with the exception of certain modifications of existing wireless facilities pursuant to Section 20.80.1915.

   2. Clubhouses, pro shops, snack shops, restaurants, bars, and driving ranges may be operated in conjunction with, but not independent of, the golf course. "Miniature golf courses" are not allowed.

   3. A one-family dwelling may be used for a residential care facility or residential service facility for six or fewer residents. No services may be provided to non-residents.

2. 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, 26456, 27468, 28320, 29218, 29546, 30290.)

Part 3

DEVELOPMENT REGULATIONS

Sections:

20.20.200 Development standards. 20.20.210 Minimum lot area - Exceptions.

All development in the OS Open Space and A agricultural districts shall conform to the development regulations set forth below in Table 20-40.

Table 20-40 OS Open Space and A Agricultural District Development Standards

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The minimum area of a lot or parcel whose area, as shown on a final subdivision map approved by the city prior to February 19, 2001, is less than twenty acres shall be the area shown for such lot or parcel on such subdivision map. (Ord. 26248.)

In the A agricultural district the maximum height of a chimney, weather vane or other similar architectural embellishment mounted on a building and having a horizontal cross section of no more than twenty square feet may be increased to forty feet provided that it does not exceed the height of the building on which it is mounted by more than five feet.

(Ord. 26248.)

• A. The director may grant a reduction in the minimum required setback from an abutting property zoned or used for residential purposes for additions to existing structures or new structures on a lot located in either the A-Agriculture or OS-Open Space Zoning District if the director finds that granting the reduction in the minimum required setback would not impair the utility or value of adjacent property or the general welfare of the neighborhood and, in addition, finds that the proposal meets all of the following criteria:

  1. The subject site or lot:

     • a. Is located adjacent to a residentially zoned property or is located next to a residential use; and

     • b. Has substantial existing development on the subject site; and

  2. The sizes of any and all additions or structures to be added to the subject site or lot shall not exceed fifty percent of the square footage of the existing structures on the subject site or lot and for which development permits were obtained prior to February 19, 2001; and

  3. The aggregate total square footage of all additions or new structures to be added to the subject site or lot shall not exceed fifty percent of the square footage of the existing structures on the subject site or lot as of February 19, 2001; and

  4. Any addition or structure to be added to the subject site or lot shall not significantly diminish the existing, legal nonconforming setback, and, in any event, no addition or structure to be added to the subject site or lot shall reduce a setback to less than fifty feet; and

  5. Any new addition or structure shall not exceed the height of existing structures located on the subject site or lot, or the maximum height allowance established pursuant to this title for the zoning district, whichever height is less.

• (Ord. 26712.)

Part 4

PERFORMANCE STANDARDS

Sections:

• A. In the OS open space and A agricultural districts, no primary, secondary, incidental or conditional use or activity related thereto shall be conducted or permitted:

  1. In a manner that causes or results in the harmful discharge of any waste materials into or upon the ground, into or within any sanitary or storm sewer system, into or within any water system or water, or into the atmosphere; or

  2. In a manner that constitutes a menace to persons or property or in a manner that is dangerous, obnoxious, or offensive by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust vibration, radiation, or fumes; or

  3. In a manner that creates a public or private nuisance.

• B. Without limiting the generality of the preceding subsection, the following specific standards shall apply in the open space and agricultural zoning districts:

  1. Air pollution. Total emissions from any use or combination of uses on a site shall not exceed the emissions and health risk thresholds as established by the director of planning.

  2. Noise. The sound pressure level generated by any use or combination of uses on a property shall not exceed the decibel levels indicated in Table 20-45 at any property line, except upon issuance and in compliance with a special use permit as provided in Chapter 20.100.

Table 20-45 Additional Noise Standards

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