San Jose Municipal Code Part 2 Development Regulations

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

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

C. 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

(Ords. 30603, 30984, 31168.)

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:

A. 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:

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

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

3. 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.

4. 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.

5. 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.

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

B. 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.

C. Mechanical equipment in setback area:

1. 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.

2. 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.

D. 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:

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

2. 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.

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

F. 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.

G. 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.

H. 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:

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

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

3. 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;

4. Underground parking facilities, subject to building code requirements.

I. 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.)

A. 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.

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

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

3. 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.

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

B. 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:

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

2. 100% Residential projects shall provide common open space at a minimum of 100 square feet per residential unit;

3. 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).

4. 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).

C. 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:

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

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

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

2. 100% Residential projects shall provide private open space in the following manner:

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

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

3. 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;

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

D. Exceptions to common and private open space requirements.

1. 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%.

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

a. 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).

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.

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

3. 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.

4. 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.)

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.

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

B. 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.

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

D. Lighting adjacent to residential properties.

1. 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.)

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

A. 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.

B. 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

(Ords. 30857, 31168, 31298.)