Earlier editions: 2026-09
Title 20 — ZONING›Chapter 20.65 — OVERLAY DISTRICTS
San Jose Municipal Code Part 3 Miho Mixed-Income Housing Overlay
San Jose Municipal Code · 2026-10 edition · updated 2026-10-04 · San Jose
Cite as: San Jose Municipal Code Part 3 · Text as of 2026-10-04
20.65.120 - Purpose.¶
MIHO Mixed-Income Housing Overlay. The Mixed-Income Housing Overlay identifies sites within North San José that may be appropriate for mixed-income residential development if they are consistent with the standards and conditions specified in this Part and comply with the other requirements of this title. Development within this category is intended to make efficient use of land to provide residential units in support of nearby industrial employment centers.
(Ord. 30988.)
20.65.130 - Applicability and overlay location.¶
The Mixed-Income Housing Overlay applies to sites in the areas identified with the Mixed Income Housing Overlay on the General Plan Land Use/Transportation Diagram in the Envision San José 2040 General Plan and the Zoning District Map.
(Ord. 30988.)
20.65.140 - MIHO affordable housing development requirements.¶
A. A residential development in this overlay district requires the construction of 25% affordable units, either as rental or for-sale units, in accordance with the limitations set forth in this Chapter for Affordable Housing Developments.
B. No development permit or ministerial approval shall be issued under this Section unless the project includes the requisite affordable housing.
C. Projects that incorporate the dedicated affordable housing units and non-restricted units within the same building may be permitted through a ministerial process pursuant to Chapter 20.195.
D. Projects that provide affordable units in separate buildings from the non-restricted units may be permitted through a ministerial process pursuant to Chapter 20.195 only if the affordable units are constructed prior to or concurrently with the non-restricted residential units. Such timing requirement shall be a condition of the development permit ministerial approval.
E. All restricted affordable units must be dispersed throughout the property and follow amenity guidelines per Section 5.08.470.
(Ord. 30988.)
20.65.150 - Overlay regulations and development standards.¶
The allowed uses and development standards for the Mixed-Income Housing Overlay Zoning District are specified below:
| Category | Standard |
|---|---|
| Min. Lot Area | 6000 sq. ft. |
| Mixed Use | Allowed, no minimum or maximum floor area ratio (FAR) |
| 100% Residential DU/ |
75 - 250 DU/AC |
| Maximum Building Height | 270 feet |
| Setback Regulations • Front • Side • Rear | Maximum 10 feet Maximum 10 feet Minimum 10 feet |
| Ground Floor Commercial Spaces | Refer to North San José Urban Design Guidelines and Citywide Design Standards (as applicable) for minimum frontage, height, depth and other requirements for ground-floor commercial spaces. |
| Common and Private Open Space Regulations for 100% Residential and Mixed Use | Refer to Section 20.55.102 |
| 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. |
(Ord. 30988.)
20.65.160 - Compliance with inclusionary housing requirement.¶
The affordable units constructed through the MIHO may count towards fulfilling the requirements of 5.08.400 of the City of San José Municipal Code.
(Ord. 30988.)
20.65.170 - Application requirements and timing.¶
Applications for projects pursuant to this Part 3 shall comply with the Regulatory Agreement requirement in this Chapter 20.65 and may utilize Local Ministerial Approval pursuant to Part 3 of Chapter 20.195.
(Ord. 30988.)
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