Part 2 — DEVELOPMENT REGULATIONS — San Jose Municipal Code

20.55.100 - Development standards.¶

All development in the Urban Village and Mixed Use Zoning Districts shall conform to the development regulations set forth below in Table 20-136.

For MUN development standards see Table 20-137 in Section 20.55.104.

Mixed use developments in the North 13th Street, Japantown (Taylor Street only), and Willow Glen Neighborhood Business Districts shall conform to the development regulations set forth in Part 5 of Chapter 20.65.

Table 20-136 Urban Village and Mixed Use Zoning Districts Development Standards

Regulations Zoning Districts

UVC UV MUC UR TR

Min. Lot Area 8,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft.

100% Commercial FAR Max. 8.0 Max. 10.0 0.25 - 4.5 1.0 - 4.0 2.0 - 12.0

Mixed use FAR N/A Max. 10.0 0.5 - 4.5 Max. 4.0 Max. 12.0

du/ac N/A Min. 55 Max. 50 Min. 30 Min. 50

100% Residential du/ac N/A 55 - 250 Max. 50 30 - 95 50 - 250

Residential projects must be one-hundred percent affordable deed- restricted housing in the Mixed Use Commercial zoning districts.

Max. Building Height Refer to Approved 85 ft. 135 ft. 270 ft. Urban Village Plan

For additional regulations for building heights refer to Chapter 20.85 Specific Height Restrictions. For development located in areas with approved Urban Village Plans refer to the Urban Village Plan for height regulations. For development in the Neighborhood Business District Overlay refer to Part 5 of Chapter 20.65 for height regulations.

Additional regulations for For development in Urban Villages with an approved plan, Urban Villages refer to the Urban Village Plan for additional information on development standards and requirements

Setback Regulations

Front Setback Maximum 10 ft.

Side Setback Maximum 10 ft.

Rear Setback Minimum 10 ft.

Public Open Space in No setback shall be required to the property line abutting public plazas, Setback areas paseos, POPOS, and other public open spaces, which conform to the Citywide Design Standards and Guidelines for Building Placement and Form, Proportion, and Scale.

Exceptions to Setback Refer to Section 20.55.101 Regulations

Additional Development Regulations

Ground-Floor Commercial Refer to the Citywide Design Standards and Guidelines for additional Regulations for 100% standards and regulations regarding minimum frontage, height, depth, and Commercial or Mixed use other requirements for ground-floor commercial spaces. For development in the Neighborhood Business District Overlay refer to Part 5 of Chapter 20.65 for additional information on additional standards and regulations regarding minimum frontage, height, depth, and other requirements for ground-floor commercial spaces.

Common and Private Open Refer to Section 20.55.102 Space Regulations for 100% Residential and Mixed use

Lighting Refer to Section 20.55.103

Parking For general parking regulations, refer to Chapter 20.90

No unmounted camper or vehicle, other than those vehicles expressly specified and allowed under Title 17 of this Code, shall be kept, stored or parked for a period of time in excess of forty-eight consecutive hours in the front setback area of any lot or parcel containing a residential use. Such parking or storage is limited to paved surfaces.

(Ords. 30603, 30984, 31168.)

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20.55.101 - Exceptions to setback regulations.¶

Except as otherwise specifically provided in other sections of this Title, every part of every setback area shall be kept open, unobstructed, and unoccupied by all buildings or structures above, below, and on the surface of the ground. The following setback exceptions apply to properties located in the UVC, UV, MUC, MUN, UR, and TR districts as follows:

Minor architectural projections such as: sills, eaves, belt courses, cornices, canopies, awnings, bay windows, chimneys, stoops, stairs, landscape retailing walls, porches, decks, balconies, minor building faces, and wells for basement windows may project into required setback areas as follows:

Canopies and awnings may project into setback areas by a maximum of three (3) feet;

Stoops, stairs, and landscape retaining walls may project up to a maximum of six (6) feet into the required setback areas;

Balconies, covered or uncovered, may project into required setback areas if they conform to the Citywide Design Standards and Guidelines; in MUN balconies shall not project within five (5) feet of property lines facing public right-of-way or public open space.

Ground floor porches or decks, covered or uncovered, may project up to ten (10) feet into the required setback areas, subject to compliance with building code; in MUN, ground floor porches or decks shall not project within five (5) feet of property lines facing public right-of-way or public open space.

All other minor architectural projections may project up to a maximum of two (2) feet into the setback area, by no more than ten (10) feet in width, for no more than twenty percent (20%) of the building elevation length.

Air space above public open space shall remain unobstructed and unoccupied.

Short term parking facilities for bicycles or micro mobility devices, as defined by Title 11, may be placed in side or rear setbacks as long as they are in compliance with the provisions of Chapter 20.90. For additional standards on placement and design, refer to the Citywide Design Standards and Guidelines.

Mechanical equipment in setback area:

Tankless water heaters, heat pumps, energy storage units, and power inverters may project horizontally for no more than two (2) feet into either the side or rear setback area, provided such extensions maintain a minimum side setback of three (3) feet, and are not permitted in front setback areas.

Mechanical equipment, including but not limited to pool equipment or HVAC equipment, may be placed in rear setbacks at a minimum of five (5) feet from rear property line and must conform to minimum side setbacks requirements; not permitted in front setbacks or any portion of the front yard which is visible from a public right-of-way or public open space.

A building side setback shall be required for the portion of a building, located on an interior lot, which abuts a lot with a Residential Neighborhood General Plan land use designation and which is developed with a residential use, as follows:

Development built at thirty-five (35) feet or less shall have a minimum side setback of 5 ft.

For development built at more than thirty-five (35) feet, no portion of the building may be developed with less than a ten (10) foot side setback.

Side setbacks greater than ten (10) foot shall be permitted as required by Building or Fire code for public health and safety reasons.

There shall be no rear setback required whenever the entire rear property line abuts property located in any commercial district or less restrictive district where the zoning designation of the site is in conformance

with the General Plan land use designation of the site as determined by Table 20-270. Rear setbacks may be required by Building or Fire Code.

Setbacks abutting a public alley, one-half of such alley as measured from the alley centerline, may be assumed to be a portion of the rear setback area.

The following projections may be placed within required setback areas as long as they comply with the Citywide Design Standards and Guidelines, and Building and Fire codes:

Walkways and driveways for pedestrian or vehicular access to the site;

Overhead wires necessary for electrical and telephone service to a building on the lot;

Underground lines and equipment necessary for the sewerage, drainage, plumbing, water, gas, and electrical needs of the lot or of a building on the lot;

Underground parking facilities, subject to building code requirements.

For information regarding Major or Minor Encroachments in the public right-of-way refer to Chapter 13.37 Encroachment Permits, in Title 13 of the San José Municipal Code.

(Ords. 30603, 31298.)

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20.55.102 - Common and private open space requirements for residential or mixed use developments.¶

The purpose and intent of these regulations is to set the standards for common open space and private open space for residential and mixed use developments. All residential or mixed use developments in the UV, MUC, UR, and TR districts shall provide useable common open space and private open space in conformance with all the requirements of this section.

Developments which include 15 units or more (excluding ADUs) are required to provide both common open space and private open space.

Developments which include less than 15 units (excluding ADUs) are only required to provide private open space.

Projects which are exempted or otherwise not required to provide common open space must provide private open space at the amounts determined in this section.

Refer to the Citywide Design Standards and Guidelines for specific standards and regulations regarding placement and design of common and private open spaces.

Common Open Space Requirements. Common open space is the outdoor space provided for recreation of all residents of a project. Each residential or mixed use development shall comply with the following common open space requirements:

Mixed use development projects shall provide common open space at a minimum of 75 square feet per residential unit;

100% Residential projects shall provide common open space at a minimum of 100 square feet per residential unit;

Any proposed development shall include at least one common open space, which meets the criteria within this section; development projects may reduce or eliminate their common open space requirement by conforming with the exceptions listed in Section 20.55.102 (D).

Indoor recreation space counts toward a maximum of fifty percent of the common open space requirement if the entire area of the indoor space is designed exclusively for recreational use that is available for use by residents of the development without additional use fees (including but not limited to swimming pools, exercise facilities, or multi-use recreation rooms).

Private Open Space Requirements. Private open space is the outdoor space attached to a living unit and provided for the use of the residents of the living unit. Private open space can occur in the form of a patio, balcony, deck, or rear yard. The private open space requirement is calculated based on the total number of units and each development shall meet the following private open space requirements:

Mixed use development projects shall provide private open space in the following manner:

Studios and 1 bedroom units shall provide a minimum of 30 square feet per residential unit;

Units with 2 or more bedrooms shall provide a minimum of 45 square feet per residential unit;

100% Residential projects shall provide private open space in the following manner:

Studios and 1 bedroom units shall provide a minimum of 40 square feet per residential unit;

Units with 2 or more bedrooms shall provide a minimum of 60 square feet per residential unit;

At least 50% of all dwelling units shall have direct access to private open space in the form of a balcony, patio, or roof terrace;

Refer to the Citywide Design Standards and Guidelines for additional standards and regulations for dwelling units which face public streets and public open spaces.

Exceptions to common and private open space requirements.

Projects located within a quarter mile walking distance, by way of a pedestrian accessible public right-of- way or easement, of existing public open spaces or POPOS shall be exempted from common open space requirements. Projects located between a quarter mile and a half mile walking distance of existing public open spaces or POPOS shall have the common open space requirement reduced by 50%.

Development projects may reduce their private open space requirement by up to 50% under the following conditions:

Up to 50% of the total private open space requirement may be fulfilled through the development of an equivalent amount of common open space in addition to the common open space requirement detailed in Section 20.55.102(B).

For development projects which are exempted from common open space requirements because of their proximity to public open space or POPOS, up to 50% of the total private open space requirement may be fulfilled through the development of an equivalent amount of common open space.

Development projects shall not provide private open space for less than 50% of the total number of units.

On site development of POPOS, pursuant to the regulations of the Citywide Design Standards and Guidelines, shall serve to fulfill common open space requirements based on the following ratio: every 1 square foot of POPOS included in a development shall fulfill 2 square feet toward the total common open space requirement.

On site development of public open space, that is dedicated to the City pursuant to the Parkland Dedication Ordinance (PDO) and/or the Park Impact Ordinance (PIO), shall serve to fulfill common open space requirements based on the following ratio: every 1 square foot of public open space included in a development shall fulfill 2 square feet toward the total common open space requirement.

(Ord. 30603.)

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20.55.103 - Lighting.¶

The purpose and intent of these regulations is to ensure that adequate and appropriate lighting is provided for developments located in the UV, MUC, MUN, UR, and TR districts.

All lighting or illumination shall conform to any lighting policy adopted by the City Council.

Any and all lighting facilities hereafter erected, constructed, or used in connection with any use conducted on any property adjacent to a site or lot used for residential purposes shall conform to the Citywide Design Standards and Guidelines for Site Lighting.

Any lighting located adjacent to riparian areas shall be directed downward and away from riparian areas.

Lighting adjacent to residential properties.

Any and all lighting facilities hereafter erected, constructed, or used in connection with any use conducted on any property situate adjacent to a site or lot used for residential purposes shall be arranged and shielded that all light will be reflected away from any residential use so that there will be no glare which will cause unreasonable annoyance to occupants of such property, or otherwise interfere with the public health, safety, or welfare.

(Ord. 30603.)

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20.55.104 - MUN mixed use neighborhood development standards.¶

The MUN Mixed Use Neighborhood district provides conventional development standards and alternate development standards in order to accommodate a mix of housing product types.

Conventional standards: Applicable to developments where all lots have frontage on and direct access to a public street, and where all buildings provide a setback to property lines.

Alternate standards: Applicable to small-lot development characterized by access to lots provided off courts, driveways, and private streets, and/or with buildings without setbacks to property lines. Development using the Alternate standards require that site development permits and subdivisions must be reviewed and acted upon concurrently.

Table 20-137 Mixed Use Neighborhood Development Standards

Regulations MUN

Conventional Alternate

Minimum Lot Area 1,452 square feet per unit No Minimum. Entire project must (excluding Accessory Dwelling be covered by a single Units) development permit. Cannot exceed 30 dwelling units/acre

Lot Frontage Requirements to Requires at least 30 ft. of None required, provided all lots Public Right-of-Way contiguous frontage on a public have access from a public right- right-of-way, with vehicular of-way provided by easement and/or pedestrian access to the right-of-way

Floor Area Ratio

100% Commercial FAR 0.25 - 2.0 100% Commercial development must follow Conventional

Standards

Mixed use Additional Alternative maximum height and residential density restrictions regulations for established in the Neighborhood Business District Overlay as the described in Part 5 of Chapter 20.65, that regulation described in Neighborhood Part 5 of Chapter 20.65 shall govern and control over the provisions Business of this section. District Overlay du/ac Max. 30

100% Residential du/ac Max. 30

FAR for Single-family Detached 3,000 sq. ft. or 0.6 Max FAR Max. 2.0 FAR across the entire Residences, not including ADUs less development site

3,000 - 6,000 0.5 Max FAR
sq. ft.

6,000 sq. ft. or 0.45 Max FAR
greater

FAR for single-family homes and For the purposes of this Chapter, development in the Mixed Use duplexes in floodplain areas Neighborhood zoning district, which is located on a site within a flood zone with a one hundred-year flood depth, where City policy requires elevation of the first finished floor of the proposed house to a height of at least five feet above grade, shall comply with the following provisions 1. Where the finished first story is elevated by at least five feet above grade: a. The at grade, unoccupied space shall not constitute a story or floor and shall not count toward the overall FAR calculation or the maximum number of stories as described in this section. b. The at grade unoccupied space shall not constitute a floor or story as it relates to the Conventional or Alternate Setbacks regulations within this section. c. The overall maximum building height, including at grade space that is not occupiable, is set at a maximum of 40 feet.

Conventional Setback Regulations

Front Setback Minimum 10 ft.

Interior Side Setback For development up to 35 ft. in height: Minimum 3 ft. setback Minimum 5 ft. setback for properties adjacent to property designated as Residential Neighborhood

For development more than 35 ft. in height:

Minimum 8 ft. setback

Minimum 10 ft. setback for properties adjacent to property designated as Residential Neighborhood

Street Side Setback For development up to 35 ft. in height: Minimum 5 ft. setback For development more than 35 ft. in height: Minimum 10 ft. setback

Rear Setback For development up to 35 ft. in height: Minimum 10 ft. setback; For development more than 35 ft. in height: Minimum 15 ft. setback

Distance between structures Garage door to garage door must have a minimum of 20 ft min. The front of structures must be at least 15 ft. distance.

Exceptions to Setback Refer to Section 20.55.101 Regulations

Alternate Setback Regulations

Setback to Public Right-of-Way Minimum 10 ft. Minimum 20 ft. to face of garage door to face of garage door

Setback to adjoining property line For development up to 35 ft. in height: of property not covered by same Minimum 5 ft. side and rear setback development permit Minimum 10 ft. rear setback for properties adjacent to property designated as Residential Neighborhood.

For development more than 35 ft. in height:

Minimum 10 ft. side and rear setback Minimum 15 ft. side and rear setback for properties adjacent to property designated as Residential Neighborhood.

Setback to property line within Front to front setbacks shall be no less than 15 ft. project boundary covered by Dwelling units shall be setback a minimum of 6 ft. from accessory same development permit structures.

No side setbacks are required; subject to compliance with Building and Fire Codes

Distance between structures Face of garage door to face of garage door shall have a minimum distance of 20 ft. from each other.

The front of structures shall be developed at a minimum of 15 ft. distance from each other.

Exceptions to Setback Refer to Section 20.55.101 Regulations

Additional Development Regulations for Conventional and Alternate

Single- Two-family Townhouse Multiple Family dwelling unit or Dwelling, dwelling unit (Duplex) Rowhouse Mixed use, (Detached) or 100% Commercial

Max. Building Height 35 ft. 35 ft. 40 ft. 45 ft.

Max. Number of Stories 2.5 2.5 3 4

Private Open Space 400 sq. ft. 300 sq. ft. 300 sq. ft. 60 sq. ft. Requirements for 100% per unit per unit per unit per unit Residential or Mixed use Development Minimum width for Private open space shall be 15 ft.

Common Open Space Mixed use Development which includes 15 or more units shall Requirements provide common open space at a minimum of 75 square feet per residential unit

100% Residential Development which includes 15 or more units shall provide common open space at a minimum of 100 square feet per residential unit

Ground-Floor Commercial Refer to the Citywide Design Standards and Guidelines for additional Regulations for 100% information regarding minimum frontage, height, depth, and other Commercial or Mixed use requirements for ground-floor commercial spaces.

Regulations for development in For development in approved Urban Village areas, refer to the Urban Urban Villages Village Plan for additional regulations and requirements for development standards.

Regulations for development in For development in the Neighborhood Business Districts, refer to the Neighborhood Business Part 5 of Chapter 20.65 for additional regulations and requirements District Overlay for development standards.

Lighting Refer to Section 20.55.103

Fence Regulations Refer to Table 20-80 in Chapter 20.30 for fence regulations.

Parking For general parking regulations, refer to Chapter 20.90

Front Setback and Façade Regulations for Single-family Homes

Floor level of ground floor The finished floor level of the ground floor (1 st floor) must be within four vertical feet of the closest sidewalk. Finished floor is defined as

the uppermost surface of a floor once construction has been completed and all floor finishes have been applied.

Residential Frontages facing a Every dwelling that fronts a public street must have a door, other than public right of way a garage door, which is accessible to the street and enters a living space that is not a garage or bedroom.

Minimum 20% clear glazing per individual ground floor of a dwelling unit

No more than 50% of the required front setback shall be paved with asphalt, cement or any other impervious or pervious surface.

Setback to garage Minimum 20 ft. from front property line

No more than one curb cut per 30 ft of frontage shall be permitted.

Setback to front porch, Minimum 5 ft. from front property line balconies, bay windows, awnings, open patios, and stoops

Setbacks from adjoining property Dwelling units which share property lines with property containing a to balconies and unenclosed single-family residence or two-family residence, that is designated as stairs Residential Neighborhood, shall ensure that balconies, porches, or unenclosed stairs maintain a minimum setback of 15 ft. from the rear and side property line measured from the projecting face of the balcony, porch, or stairs; and shall not be located along building walls parallel to side or rear property lines.

Variation in architectural styles for Architectural variation shall be achieved through the following criteria: development of 5 units or more Front Setbacks and Porches under a single development 1. No more than 3 adjacent dwelling structures may be constructed permit with the same front setback; front setbacks must vary by at least 5 ft. 2. No more than 3 adjacent units shall have the same porch dimensions or orientation

Roof Lines 1. No more than 3 adjacent dwelling unit structures may have the

same angles of roof pitch, styles, or roofing materials 2. Development of 5-10 units shall have at least 3 different angles of roof pitch, styles, or roofing materials 3. Development of 11-20 units shall have at least 5 different angles of roof pitch, styles, or roofing materials 4. Development of more than 20 units shall have at least 7 different angles of roof pitch, styles, or roofing materials

Building Materials and Colors 1. At least 20% of dwelling unit façades shall be composed of different building materials or colors

2. At least 50% of dwelling units shall introduce a different building material for 20% of the exterior façade.

(Ords. 30857, 31168, 31298.)

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