20.55.102
Common and private open space requirements for residential or mixed use developments.
San Jose Municipal Code · San José Municipal Code § 20.55.102
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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.)