Urban Village and Mixed Use Zoning Districts

This ordinance was approved by the San José City Council on May 25th, 2021

Here is the link to the meeting agenda . This link includes the memo to City Council, the ordinance, and staff’s presentation to council.

Project Description

This proposed ordinance represents the second phase of work to bring the Zoning Ordinance into conformance with the General Plan. The first phase, which was approved by City Council on June 25th, 2019, included changes to permitting requirements across all zoning districts, revisions or additions to definitions, and general organizational clean up to the code.

In this second phase, the City is proposing six new zoning districts that would help to create a more vibrant urban form in areas that are targeted for mixed-use development and high-density residential or commercial uses.

Benefits of the ordinance update and new zoning districts include:

Streamlining of the development review process;
Aligning the Zoning Ordinance with the Envision San José 2040 General Plan; and
Minor text edits to improve consistency or to clarify definitions in the zoning code.

The six proposed zoning districts are as follows:

1. Urban Village Commercial - Supports commercial development and activity in urban villages. Development under this designation should adopt an urban and pedestrian-oriented form, and minimal parking and automobile circulation from the adjacent street.

2. Urban Village - Supports a mix of residential and commercial development in urban villages as well as a wide variety of commercial, residential, or other land uses with an emphasis on establishing an attractive urban form.

3. Mixed Use Commercial - Supports a mix of commercial and residential uses, appropriate commercial uses include neighborhood retail and mid-rise office. Some light industrial uses, such as food and beverage manufacturing, may be appropriate if they are compatible and do not pose a hazard to other nearby uses.

4. Mixed Use Neighborhood - This district is intended for development with townhouse or small-lot single-family homes and supports infill development and medium-density residential uses such as stacked flats. This district also offers opportunity for live/work, mixed residential and commercial, or small-scale stand-alone commercial uses.

5. Urban Residential - Supports medium-density residential development, mixed-use development, or a broad range of stand-alone commercial uses, including retail, offices, and private community gathering facilities.

6. Transit Residential - Supports new high-density residential or mixed residential and commercial development, located in close proximity to public transit. This district also supports stand-alone intensive commercial employment uses, such as office, retail, hotels, and private community gathering facilities.

DOCUMENTS & helpful links

Drafts of the ordinance update are available for public review. The document is a working draft and subject to change. For an introduction to the contents of the preliminary draft, view the Orientation Video for more information.

Here are some helpful links to interactive map tools to help you understand how these new zoning districts might fit into your neighborhood:

ENVIRONMENTAL DOCUMENTS

The environmental review for this project is a Determination of Consistency.

OUTREACH & community MEETINGS

Public Meeting #1: November 12, 2020 6:30-8:30pm
Meeting Recording

Public Meeting #2: March 1, 2021 1:00-2:30pm
Meeting Recording

Public Meeting #3: March 1, 2021 6:30-8:30pm
Meeting Recording
PowerPoint Presentation with notes: English, Spanish, Vietnamese

NEXT STEPS

After public outreach and environmental review is complete, this project will be considered at a public hearing held by the Planning Commission. The Commission will make a recommendation to the City Council, who will decide on the ordinance at a public hearing.

Once new zoning districts are adopted by the Council, City staff can begin the rezoning properties to ensure conformance with the General Plan.

CONTACT

Send questions or comments to: Brent Carvalho, Planner, brent.carvalho@sanjoseca.gov

LANGUAGE Translation

Alternate languages may be selected through the Google Translate option located at the top of this webpage. If you need a translator, please contact the appropriate translator noted below.

Spanish/Español: Para información en español acerca de esta solicitud, comuníquese con Matias Eusterbrock al 408-793-4100, e índique el número de Proyecto #PP20-013.
Vietnamese/Tiếng Việt: Muốn biết tin tức bằng tiếng Việt về tờ thông tin này, xin quý vị liên lạc Thai-Chau Le ở số 408-793-4174 - Project #PP20-013.

background

As a Charter City, the City of San José has never been required to have the General Plan and the Zoning Ordinance be consistent with one another; wherever the two policies have been inconsistent, the General Plan supersedes. Recent state legislation now requires that Charter Cities align their zoning ordinance and general plan. Aligning the Zoning Ordinance and General Plan involves both updating the zoning ordinance text to create new zoning designations (this phase), and rezoning property to apply the new designations (future phase).

General Plan - The Envision San José 2040 General Plan serves as the blueprint for development in San Jose. It sets the stage for how, when, and where development may occur, and provides general guidance regarding how the zoning ordinance should regulate development. The General Plan includes a land use map and a planned growth area map that lays out where most growth will occur in the city. The General Plan also includes an Urban Village strategy on how development should occur in targeted areas to achieve walkable, bicycle-friendly, transit-oriented, mixed-use settings.

Zoning Ordinance - The Zoning Ordinance, Title 20 of the Municipal Code, implements the General Plan by setting the specific standards for development on each property. Every property in San José has a zoning designation that can be found on the online zoning map, and that zoning designation provides controls on the form and placement of buildings on individual parcels, such as height, setbacks, and parking requirements.

Design Guidelines - The City has design guidelines that further shape how development may occur on a property. This document includes specific design requirements that must be met in addition to the Zoning Ordinance development standards.

SB 330 Shapes Rezoning Efforts - The City's zoning project and design guideline work is further shaped by Senate Bill 330, effective January 1, 2020, which includes the following restrictions:

Provides that no rezoning action can result in a reduction or “downzoning” of the development capacity of a particular site through the imposition of new development standards like open space or setbacks (see Government Code Section §66300(b)(1)(A)1).
Prohibits use of subjective standards for housing development projects. A subjective standard is one that involves personal judgment and/or is not uniformly verifiable, such as requiring that a development is “compatible” with its surroundings. The City may still use objective development standards, such as numeric setback and height limits.
Prohibits addition of new development standards that would prevent a housing project/site from building to the maximum allowable General Plan density.