This chapter implements the goals and objectives of the general
plan toward the siting and development of a wide range of industrial
uses. This chapter establishes permitted uses and identifies processes
necessary to evaluate certain uses to determine suitability within
industrial zoning districts.
(Ord. 2623-99 § 1)
(a)
The M-S industrial and service zoning district is reserved for the
construction, use and occupancy of buildings and facilities for offices,
research, limited manufacturing, hotels and motels, restaurants, financial
uses, retail sales and services, professional services and other uses
compatible with the zoning district.
(b)
The M-3 general industrial zoning district is reserved for the construction,
use and occupancy of buildings and facilities for office, research,
general manufacturing, and other uses compatible with the zoning district.
(Prior zoning code §§ 19.32.130(a), 19.32.140(a); Ord. 2623-99 § 1)
(a)
Use Table. Table 19.22.030 sets forth those uses which are permitted,
conditionally permitted, and prohibited in industrial zoning districts,
and the type of permit a use requires.
(1)
Permitted (P). A use shown with "P" in the table is allowed subject to compliance with all applicable provisions of this title. If the proposed use includes new construction, changes to the exterior of a building or other site modification, design review is required in accordance with the provisions of Chapter 19.80, Design Review.
(2)
Miscellaneous Plan Permit (MPP). A use shown with "MPP" in the table requires the approval of a miscellaneous plan permit, in accordance with the provisions of Chapter 19.82, Miscellaneous Plan Permit. If there is an existing valid miscellaneous plan permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another miscellaneous plan permit.
(3)
Use Permit and Special Development Permit (UP and SDP). A use shown with "UP" or "SDP" requires approval of a use permit or special development permit, in accordance with the provisions of Chapter 19.88, Use Permit, or Chapter 19.90, Special Development Permit, whichever applies. If there is an existing valid use permit or special development permit for the use, and no new construction or expansion is proposed, then such use may be conducted without requiring another use permit or special development permit.
(4)
Prohibited (N). A use shown with "N" in the table is prohibited.
(b)
Compliance. It is a violation of this chapter to:
(c)
Uses in Enclosed Buildings. Unless otherwise authorized by a permit,
all permitted or conditionally permitted uses in an industrial zoning
district shall be conducted entirely within an enclosed building.
Where unenclosed uses are authorized by a permit, such uses (excepting,
e.g., outdoor seating, plazas, etc.) shall be prohibited within required
front yards in industrial zoning districts and shall be screened from
view from any public street or adjacent property by suitable landscaping
or fencing. This does not apply to recycling centers for which a valid
use permit has been granted.
|
Table 19.22.030
| ||
|---|---|---|
|
Permitted, Conditional Permitted and Prohibited Uses in
Industrial Zoning Districts
| ||
|
In the table, the letters and symbols are defined as follows:
| ||
|
P
|
=
|
Permitted use
|
|
MPP
|
=
|
Miscellaneous Plan Permit required
|
|
UP
|
=
|
Use Permit required
|
|
N
|
=
|
Not permitted, prohibited
|
|
FAR
|
=
|
Floor area ratio restrictions
|
|
>
|
=
|
Greater than
|
|
N/A
|
=
|
FAR does not apply
|
|
Use Regulations by Zoning District USE
|
M-S Zoning Districts FAR3
|
M-S Zoning Districts
|
M-S/POA Zoning Districts
|
M-3 Zoning Districts FAR3
|
M-3 Zoning Districts
| |
|---|---|---|---|---|---|---|
|
1.
|
Manufacturing
|
|
|
|
|
|
|
A.
|
Packing or rendering plants, or slaughterhouses for the processing
of animals and animal by-products
|
N/A
|
N
|
N
|
N/A
|
N
|
|
B.
|
Foundries for the casting of aluminum
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
C.
|
Foundries, processing plants, fabrication facilities or mills
for metals other than aluminum
|
N/A
|
N
|
N
|
N/A
|
UP
|
|
D.
|
Manufacture, compounding or processing of commercial explosives
not related to research and development
|
N/A
|
N
|
N
|
N/A
|
N
|
|
E.
|
Manufacture, processing or bulk storage of feed, fertilizer,
grain or soil conditioners
|
N/A
|
N
|
N
|
N/A
|
UP
|
|
F.
|
Manufacture of agricultural, construction, industrial, or mining
heavy equipment
|
N/A
|
N
|
N
|
N/A
|
UP
|
|
G.
|
Manufacture, milling, mixing, processing, or bulk storage of
asphalt, brick, cement, gravel, lumber, rock, sand, and similar construction
materials
|
N/A
|
N
|
N
|
N/A
|
UP
|
|
H.
|
Manufacture, processing, refining or bulk storage for off-premises
delivery of coal, coke, compressed gases, liquefied petroleum gases
or other fuels, except gasoline or motor oil
|
N/A
|
N
|
N
|
N/A
|
UP
|
|
I.
|
Manufacture, processing, repair, compounding, packaging, assembly,
or treatment plants or facilities for equipment, materials or products
|
To 35%
|
P
|
P
|
To 35%
|
P
|
|
|
>35%
|
UP
|
UP
|
> 35%
|
UP
| |
|
J.
|
Manufacture, processing, repair, compounding, packaging, assembly,
or treatment plants and facilities for explosives related equipment,
materials or products
|
N/A
|
N
|
N
|
N/A
|
N
|
|
2.
|
Office, Research and Development
|
|
|
|
|
|
|
A.
|
Administrative, professional, medical and research and development
offices
|
To 35%
|
P
|
P
|
To 35%
|
P
|
|
|
> 35%
|
UP
|
UP
|
> 35%
|
UP
| |
|
B.
|
Medical clinics
|
To 35%
|
MPP
|
MPP
|
To 35%
|
MPP
|
|
|
> 35%
|
UP
|
UP
|
> 35%
|
UP
| |
|
C.
|
Financial institutions, banks, and savings and loan associations
without drive-through facilities
|
To 35%
|
MPP
|
MPP
|
To 35%
|
UP
|
|
|
> 35%
|
UP
|
UP
|
> 35%
|
UP
| |
|
D.
|
Explosive or propellant research and development related manufacturing,
processing, assembly and storage
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
3.
|
Commercial
|
|
|
|
|
|
|
A.
|
Automobile service stations and vehicle repair facilities
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
1.
|
Retail sale of groceries at permitted stations4
|
MPP
|
MPP
|
MPP
|
MPP
|
MPP
|
|
2.
|
Retail sale of beer and wine at permitted stations4
|
UP
|
UP
|
UP
|
N/A
|
UP
|
|
B.
|
Auto wrecking, junk, salvage, scrap metal or waste material
storage yards
|
N/A
|
N
|
N
|
N/A
|
N
|
|
C.
|
Businesses selling merchandise or products at retail or providing
services (such as real estate)
|
To 35%
|
MPP
|
MPP
|
To 35%
|
MPP
|
|
|
>35%
|
UP
|
UP
|
>35%
|
UP
| |
|
D.
|
Commercial canning, processing, or reduction plants for fruits
and vegetables
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
E.
|
Commercial storage and warehouses
|
To 50%
|
P
|
P
|
To 50%
|
UP
|
|
|
>50%
|
UP
|
UP
|
>50%
|
P
| |
|
F.
|
Child care centers, business-sponsored
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
G.
|
Drive-through businesses
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
H.
|
Hotels and motels
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
I.
|
Restaurants and fast food restaurants that may have on sale
beer and wine alcohol beverage service
|
N/A
|
MPP
|
MPP
|
N/A
|
MPP
|
|
J.
|
Restaurants and fast food restaurants that have on sale general
alcohol beverage service
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
K.
|
Self storage (mini warehouse)
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
4.
|
Education, Recreation, and Places of Assembly
|
|
|
|
|
|
|
A.
|
Education—Recreation and enrichment
|
N/A
|
N
|
UP
|
N/A
|
N
|
|
B.
|
Education—Primary and high school
|
N/A
|
N
|
N
|
N/A
|
N
|
|
C.
|
Education—Institution of higher learning
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
D.
|
Recreational and athletic facilities
|
N/A
|
N
|
UP
|
N/A
|
N
|
|
E.
|
Places of assembly—Business serving
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
F.
|
Places of assembly—Community serving
|
N/A
|
N
|
UP
|
N/A
|
N
|
|
G.
|
Cardrooms
|
N/A
|
N
|
N
|
N/A
|
N
|
|
5.
|
Residential
|
|
|
|
|
|
|
A.
|
Residential uses, alone or combined with other uses compatible
with the zoning district
|
N/A
|
N5
|
N5
|
N/A
|
N5
|
|
B.
|
Single room occupancy living unit facilities
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
C.
|
Single room occupancy residential hotels
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
D.
|
Convalescent homes, home for the aged, hospitals, sanitariums
and similar institutions
|
N/A
|
N
|
N
|
N/A
|
N
|
|
6.
|
Other
|
|
|
|
|
|
|
A.
|
Adult business establishment
|
N/A
|
P1
|
P1
|
N/A
|
P1
|
|
B.
|
Agricultural dwellings, buildings and uses
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
C.
|
Bulk storage for off-premises delivery of compressed gases and
liquefied petroleum gases
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
D.
|
Bus terminals and other public transportation facilities
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
E.
|
Educational uses
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
F.
|
Emergency containers meeting criteria described in this chapter
(ARKs)
|
N/A
|
P
|
P
|
N/A
|
P
|
|
G.
|
Emergency containers other than ARKs
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
H.
|
Emergency shelter
|
N/A
|
UP
|
P
|
N/A
|
UP
|
|
I.
|
Hazardous materials storage as defined in Titles 20 (above ground)
and 21 (underground)
|
N/A
|
P
|
P
|
N/A
|
P
|
|
J.
|
Hazardous materials storage facilities which meet the criteria outlined in Section 19.22.060
|
To 40%
|
MPP
|
MPP
|
To 40%
|
MPP
|
|
K.
|
Hazardous materials storage facilities which do not meet all the criteria outlined in Section 19.22.060
|
To 35%
|
UP
|
UP
|
To 35%
|
UP
|
|
L.
|
Hazardous wastes management facilities which meet the criteria outlined in Section 19.22.070
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
M.
|
Incidental and accessory storage, mechanical equipment which meet criteria in Chapter 19.82 (5 percent net coverage and screened)
|
N/A
|
MPP
|
MPP
|
N/A
|
MPP
|
|
N.
|
Massage establishment
|
N/A
|
P2
|
P2
|
N/A
|
P2
|
|
O.
|
Public utility buildings and services, electric transportation
and distribution substations and public utility service centers
|
To 35%
|
UP
|
UP
|
>35%
|
UP
|
|
|
>35%
|
UP
|
UP
|
To 35%
|
UP
| |
|
P.
|
Recycling centers
|
N/A
|
UP
|
UP
|
N/A
|
UP
|
|
Q.
|
Any use which is obnoxious, offensive or creates a nuisance
to persons in adjacent buildings or premises through emission of dust,
fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations,
or similar disturbances
|
N/A
|
N
|
N
|
N/A
|
N
|
|
R.
|
Payday lending establishment
|
N/A
|
N
|
N
|
N/A
|
N
|
|
Notes:
| |
|---|---|
|
1
|
Subject to provisions of Chapter 19.60.
|
|
2
|
Subject to provisions of Chapter 9.41.
|
|
3
|
5% FAR bonus for green buildings may apply. See Resolution No.
368-09 for green building tables adopted.
|
|
4
|
Automobile service stations with sale of groceries, beer and wine, or both, require findings as set forth in Section 19.98.020(i) and/or (j), as applicable.
|
|
5
|
Except caretaker residence ancillary to a permitted use.
|
(Prior zoning code § 19.32.148; Ord. 2623-99 § 1; Ord. 2649-00 § 3; Ord. 2744-04 § 3; Ord. 2802-06 §
7; Ord. 2848-07 § 4; Ord. 2887-08 § 5; Ord. 2894-09 § 2; Ord. 2905-09 § 3; Ord. 2906-09 § 2; Ord. 2947-10 §
5; Ord. 2966-11 § 8; Ord. 3002-13 § 6; Ord. 3065-15 § 5; Ord. 3077-16 § 4; Ord. 3125-17 § 4; Ord. 3150-19 §
2)
In all industrial zoning districts, a use permit is required
for any condominium project or other common interest development,
as defined in Section 1351 of the Civil Code, including the conversion
of any existing building(s) to a common interest development.
(Ord. 2623-99 § 1; Ord. 2966-11 § 9)
Emergency containers (ARKs) are permitted in the M-S (industrial
and service zoning district) and the M-3 (general industrial zoning
district). ARKs may be established subject to the findings of the
director of community development that the following conditions have
been satisfied:
(a)
That the dimensions of the ARK shall not exceed forty feet by eight
feet wide by eight and one-half feet high;
(b)
That the ARK shall:
(1)
Include a specific inventory of emergency equipment and supplies
as specified from time to time by the emergency services coordinator;
(2)
Be used exclusively for the storage of emergency equipment and emergency
supplies and for no other purpose;
(3)
Be made available for inspection by city staff during regular business
hours;
(4)
Be removed from the site within thirty days if not used for its intended
purpose for a period of sixty consecutive days.
(Prior zoning code § 19.32.147; Ord. 2623-99 § 1; Ord. 2966-11 § 10)
Hazardous materials storage facilities as defined in Title 20
and Title 21 are permitted in the M-S industrial and service zoning
district and the M-3 general industrial zoning district subject to
a miscellaneous plan permit and to the findings of the director of
community development that the following conditions have been satisfied:
(a)
Total on-site FAR does not exceed forty percent; and
(b)
Total aggregate square footage of storage space for hazardous materials
does not exceed two thousand five hundred square feet;
(c)
No more than four hazardous materials buildings are located on-site;
(d)
Height of the storage facility does not exceed fifteen feet;
(e)
Building or addition is designed exclusively for the storage of hazardous
materials;
(f)
Compliance with other applicable zoning requirements;
(g)
Building or addition is compatible with other structures, if visible
from adjacent public or privately owned property; and
(h)
Hazardous materials storage structures six feet or less in height shall not be counted in the total on-site floor area, so long as the total for all such structures is less than five hundred square feet. Hazardous materials storage structures shall be subject to a miscellaneous plan permit pursuant to Chapter 19.82.
(Prior zoning code § 19.32.149; Ord. 2623-99 § 1)
All decisions regarding the siting and construction of off-site
hazardous waste management facilities shall be consistent with the
currently applicable Santa Clara County hazardous waste management
plan.
(Prior zoning code § 19.32.150; Ord. 2623-99 § 1)
