20.55.104
MUN mixed use neighborhood development standards.
San Jose Municipal Code · San José Municipal Code § 20.55.104
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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 Regulations MUN Conventional Alternate Minimum Lot Area (excluding Accessory Dwelling Units) 1,452 square feet per unit No Minimum. Entire project must be covered by a single development permit. Cannot exceed 30 dwelling units/acre Lot Frontage Requirements to Public Right-of-Way Requires at least 30 ft. of contiguous frontage on a public right-of-way, with vehicular and/or pedestrian access to the right-of-way None required, provided all lots have access from a public right-of-way provided by easement Floor Area Ratio 100% Commercial FAR 0.25 - 2.0 100% Commercial development must follow Conventional Standards Mixed use Additional regulations for the Neighborhood Business District Overlay Alternative maximum height and residential density restrictions established in the Neighborhood Business District Overlay as described in Part 5 of Chapter 20.65 , that regulation described in Part 5 of Chapter 20.65 shall govern and control over the provisions of this section. FAR 0.25 - 2.0 du/ac Max. 30 100% Residential du/ac Max. 30 FAR for Single-family Detached Residences, not including ADUs 3,000 sq. ft. or less 0.6 Max FAR Max. 2.0 FAR across the entire development site 3,000 - 6,000 sq. ft. 0.5 Max FAR 6,000 sq. ft. or greater 0.45 Max FAR FAR for single-family homes and duplexes in floodplain areas For the purposes of this Chapter, development in the Mixed Use 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 Regulations Refer to Section 20.55.101 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 of property not covered by same development permit For development up to 35 ft. in height: Minimum 5 ft. side and rear setback 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 project boundary covered by same development permit Front to front setbacks shall be no less than 15 ft. Dwelling units shall be setback a minimum of 6 ft. from accessory 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 Regulations Refer to Section 20.55.101 Additional Development Regulations for Conventional and Alternate Single- Family dwelling unit (Detached) Two-family dwelling unit (Duplex) Townhouse or Rowhouse Multiple Dwelling, Mixed use, 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 Requirements for 100% Residential or Mixed use Development 400 sq. ft. per unit 300 sq. ft. per unit 300 sq. ft. per unit 60 sq. ft. per unit Minimum width for Private open space shall be 15 ft. Common Open Space Requirements Mixed use Development which includes 15 or more units shall 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 Regulations for 100% Commercial or Mixed use Refer to the Citywide Design Standards and Guidelines for additional information regarding minimum frontage, height, depth, and other requirements for ground-floor commercial spaces. Regulations for development in Urban Villages For development in approved Urban Village areas, refer to the Urban Village Plan for additional regulations and requirements for development standards. Regulations for development in the Neighborhood Business District Overlay For development in the Neighborhood Business Districts, refer to Part 5 of Chapter 20.65 for additional regulations and requirements 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 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. 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 public right of way Every dwelling that fronts a public street must have a door, other than 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, balconies, bay windows, awnings, open patios, and stoops Minimum 5 ft. from front property line Setbacks from adjoining property to balconies and unenclosed stairs Dwelling units which share property lines with property containing a single-family residence or two-family residence, that is designated as 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 development of 5 units or more under a single development permit Architectural variation shall be achieved through the following criteria: Front Setbacks and Porches 1. No more than 3 adjacent dwelling structures may be constructed 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 .)