Chapter 18.27
REGULATIONS FOR THE PATRICK HENRY DRIVE AREA (PHD) ZONING DISTRICTS
Sections:
18.27.030 Permitted uses and permit requirements – Residential.
18.27.040 Permitted uses and permit requirements – Office and industrial.
18.27.050 Existing buildings and uses.
18.27.060 Development standards.
18.27.070 Parking requirements.
18.27.080 Minimum bicycle parking requirements.
18.27.010 Application.
The regulations set forth in this chapter apply to the Patrick Henry Drive area (PHD) zoning districts. (Ord. 2045 § 1, 4-5-22).
18.27.020 Intent.
(a) This chapter is designed to implement the general plan designations contained in the Patrick Henry Drive specific plan, creating a high-density, transit-oriented residential district with supportive retail services. Residential uses are authorized in all zoning districts listed below in varying densities, and ground-floor office and retail uses are also allowed in all zoning districts listed below in selected locations. The Patrick Henry Drive plan area is expected to be implemented over time, and this chapter contains provisions for the continuation of existing industrial buildings and uses. This chapter includes the following districts:
(1) Patrick Henry Very-High-Density Residential Zone (PH-R5-100D). The purpose of the PH-R5-100D Patrick Henry very-high-density residential zone is to provide land areas for the construction, use, and occupancy of high density and intensity multifamily developments (i.e., low-rise, mid-rise, and high-rise apartments and condominiums). It is the intent of this zone to encourage development to use innovative site planning, provide on-site recreational amenities and be located near major community facilities, business centers, transportation corridors, and/or major thoroughfares. The residential density range for this zone is fifty-one (51) to one hundred (100) dwelling units per acre. This zone implements the very high-density land use designation in the general plan.
(2) Urban Village (UV-149D). The purpose of the UV-149D urban village zone is to accommodate transit-oriented, multifamily residential development at very high densities between five to twelve (12) stories within the Patrick Henry Drive specific plan. These urban-scale developments feature pedestrian-oriented facades and frontages. Urban village developments include structured or below-grade parking and shared outdoor spaces proximate to transit. The residential density range for this zone is one hundred (100) to one hundred forty-nine (149) dwelling units per acre. This zone implements the urban village land use designation in the general plan.
(3) Village Residential (VR-149D). The purpose of the VR-149D village residential zone is to accommodate multifamily residential development at very high densities between five and twelve (12) stories within the Patrick Henry Drive specific plan. The residential density range for this zone is sixty (60) to one hundred forty-nine (149) dwelling units per acre. This zone implements the village residential land use designation in the general plan.
(4) Urban Center (UC-250D). The purpose of the UC-250D urban center zone is to accommodate transit-oriented, multifamily residential development at very high densities with no height limits except those imposed by the FAA due to flight paths for the San Jose International Airport, within the Patrick Henry Drive specific plan area. These urban-scale developments feature pedestrian-oriented facades and frontages. Urban center developments include structured or below-grade parking and shared outdoor spaces proximate to transit. The residential density range for this zone is one hundred twenty (120) to two hundred fifty (250) dwelling units per acre. Densities over two hundred fifty (250) dwelling units per acre may be allowed for the provision of community benefits agreed upon with the City and formalized in a development agreement. This zone implements the urban center land use designation in the general plan.
(5) High Density Flex (HD Flex). The purpose of the HD flex high density flex zone is to accommodate transit-oriented, multifamily residential development interspersed with office on four parcels along the eastern edge of the Patrick Henry Drive specific plan area. Allowable height ranges between five and twelve (12) stories. The residential density range for this zone is sixty (60) to one hundred forty-nine (149) dwelling units per acre. Office development is allowed up to 2.0 FAR, per the choice of property owners. This zone implements the high-density flex land use designation in the general plan. (Ord. 2045 § 1, 4-5-22).
18.27.030 Permitted uses and permit requirements – Residential.
|
Residential Buildings (Permit Requirements) |
|
|---|---|
|
P |
Allowed by Right |
|
MUP |
Minor Use Permit |
|
CUP |
Conditional Use Permit |
|
TUP |
Temporary Use Permit |
|
– |
Not allowed |
|
Land use (see Article 8 for land use definitions) |
PHD residential zones |
|
Dwelling, accessory units |
P |
|
Dwelling, multifamily |
P |
|
Dwelling, second unit |
– |
|
Dwelling, single-family |
– |
|
Dwelling, two-family |
– |
|
Employee housing |
P |
|
Home occupations |
P |
|
Live-work facilities |
MUP |
|
Mobile home park |
– |
|
Organizational houses |
– |
|
Rooming and/or boarding houses |
– |
|
Supportive housing |
P |
|
Transitional housing |
P |
|
Assisted living facilities |
CUP |
|
Day care homes, up to 14 children |
P |
|
Community care facilities, small |
P |
|
Community care facilities, large |
CUP |
|
Emergency shelters |
– |
|
Community gardens |
P |
|
Parks and public plazas |
P |
|
Retail and office uses (ground floor only, in mixed-use buildings only) |
|
|
Retail |
P |
|
Off-sale of alcohol |
P |
|
Restaurants, including on-sale of alcohol |
P |
|
Bars |
CUP |
|
Office uses |
P |
(Ord. 2045 § 1, 4-5-22).
18.27.040 Permitted uses and permit requirements – Office and industrial.
|
Office and Industrial Uses, HD Flex Zone (Permit Requirements) |
|
|---|---|
|
P |
Allowed by Right |
|
MUP |
Minor Use Permit (Chapter 18.124) |
|
CUP |
Conditional Use Permit (Chapter 18.124) |
|
TUP |
Temporary Use Permit (Chapter 18.122) |
|
– |
Not allowed |
|
Land use (see Article 8 for land use definitions) |
HD flex |
|
Residential Uses |
|
|
Caretaker housing |
CUP |
|
Transitional housing facilities |
– |
|
Human Services Uses |
|
|
Community care facilities, small |
– |
|
Community care facilities, large |
– |
|
Emergency shelters |
– |
|
Recreation, Education, and Public Assembly Uses |
|
|
Cemeteries and mausoleums |
– |
|
Crematories |
– |
|
Fitness facilities |
P |
|
Parks and public plazas |
P |
|
Public schools |
CUP |
|
Private schools |
CUP |
|
Public/private colleges and universities |
– |
|
Equipment/machine/vehicle training facilities |
CUP |
|
Vocational/trade schools |
– |
|
Utility, Transportation, and Communication Uses |
|
|
Broadcasting and recording studios |
– |
|
Fuel storage and distribution centers |
– |
|
Park and ride facilities |
P |
|
Parking facilities |
CUP |
|
Wireless telecommunications facilities and towers, co-location/small cell |
P |
|
Wireless telecommunication facilities and towers, minor (less than 70 feet) |
MUP |
|
Wireless telecommunication facilities and towers, major (70 feet or higher) |
CUP |
|
Transit stations and terminals |
P |
|
Utility facilities and infrastructure |
CUP |
(Ord. 2045 § 1, 4-5-22).
18.27.050 Existing buildings and uses.
(a) Notwithstanding any other provision in this chapter, the lawful use of buildings existing prior to the adoption of this chapter may continue, and shall continue to be governed by the standards of the prior zoning (including any retenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty), until such time as (1) the existing building in its entirety is demolished voluntarily (unless for the purposes of implementing maintenance, repair, replacement, expansion or restoration in the event of casualty), and/or (2) the existing use (including any expansions) has been discontinued in its entirety or is replaced with a use not permitted in the prior zoning regulations but permitted or conditionally permitted by this chapter, at which time the prior zoning shall become inapplicable and the other sections of this chapter shall apply from that point forward.
(b) Allowed Uses. For parcels with legal uses of buildings existing prior to the adoption of this chapter, permitted uses of the prior zoning district are allowed, and none of the other sections of this chapter shall apply to such building and use, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section.
(c) Conditional Uses. For parcels with legal uses of buildings existing prior to the adoption of this chapter, conditional uses of the prior zoning district are conditionally permitted, and none of the other sections of this chapter shall apply, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section.
(d) Development Standards. For parcels with legal uses of buildings existing prior to the adoption of this chapter, development standards of the prior zoning district shall apply, and none of the other sections of this chapter shall apply, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section. (Ord. 2045 § 1, 4-5-22).
18.27.060 Development standards.
|
Development Feature (minimum unless otherwise indicated) |
PH-R5-99D |
UV-149D |
VR-149D |
UC-250D |
HD Flex |
|---|---|---|---|---|---|
|
Parcel Area (minimum) – Area required for each NEWLY CREATED parcel |
|||||
|
Parcel area |
10,000 |
10,000 |
10,000 |
8,500 |
8,500 |
|
Street frontage (feet) |
70 |
70 |
70 |
60 |
70 |
|
Structure Coverage (maximum percentage) |
|||||
|
Parcel area (less than 10,000 sq. ft.) |
None |
None |
None |
None |
None |
|
Parcel area (less than 10,000 sq. ft.) |
None |
None |
None |
None |
None |
|
Setbacks (minimum) – Setback lines are measured from the back of walk |
|||||
|
Residential (front, side corner and interior) |
10 |
10 |
10 |
10 |
10 |
|
Mixed-use (front, side corner and interior) |
0 |
0 |
0 |
0 |
0 |
|
Office (front, side corner and interior) |
0 |
0 |
0 |
0 |
0 |
|
Setback encroachments (i.e., awning, balconies, stoops) |
Setback encroachments are allowed per the quantitative standards of the PHD plan. |
||||
|
Height (maximum) measured in feet |
|||||
|
Height (within 20 feet of the R1-6L, R1-8L, and R2 zones) |
32 |
32 |
32 |
32 |
32 |
|
Height (all other zones) |
135 |
160 |
160 |
FAA |
160 |
|
Number of Stories (maximum) |
|||||
|
Number of stories (all other zones) |
10 |
12 |
12 |
FAA |
12 |
|
Gross Residential Density (minimum to maximum) shown in number of dwelling units per acre |
|||||
|
Allowable density |
51 – 99 |
100 – 149 |
60 – 149 |
120 – 250 |
60 – 149 |
|
Recreation Space for Multifamily Dwellings (minimum) measured in square feet per dwelling unit |
|||||
|
Private recreation space (required for a minimum of 50 percent of units) |
Per the PDO and PHD plan |
||||
|
Common recreation space (per unit) |
Per the PDO and PHD plan |
||||
(Ord. 2045 § 1, 4-5-22).
18.27.070 Parking requirements.
(a) Minimum Parking Requirements.
|
Use |
For Residents/Employees |
For Visitors/Customers |
|---|---|---|
|
Residential |
Minimum 1 space per unit for units greater than 550 SF Minimum 0.5 spaces per unit for units less than 550 SF |
Minimum 0.05 spaces per unit |
|
Retail/Flex |
None required |
Minimum 1 space per 1,000 SF |
|
Office |
Minimum 1 space for each 500 SF of gross floor area |
Minimum 1 space per 3,000 SF |
|
Community/ |
None required |
None required |
(b) Shared Parking. Parking shared among uses is encouraged, and up to twenty percent (20%) of parking spaces provided may be shared between two uses. For the purposes of this title, those parking spaces shared between two uses count towards the parking requirement of both.
(c) Surface Parking. Surface parking is only allowed as a temporary or interim use.
(d) Mechanical parking stackers/lifts and tandem parking may be used to satisfy minimum requirements.
(e) Unbundled Parking. A maximum of one parking space shall be rented or sold with each unit. Additional parking spaces shall be rented or sold separately.
(1) As an alternative to renting or selling parking spaces separately from residential unit, property managers may implement a parking preference program, with prospective renters without cars put on a separate waiting list from renters with cars, and renters being chosen alternately from the two lists. (Ord. 2045 § 1, 4-5-22).
18.27.080 Minimum bicycle parking requirements.
(a) For each multifamily unit, one Class 1 bicycle parking space per unit and one Class 2 bike rack, accommodating two bikes, per fifteen (15) units is required.
(b) Mixed-Use Developments. One Class 1 bicycle parking space per thirty (30) employees and one Class 2 bike rack for every one thousand (1,000) square feet of retail, flex or community use.
(c) Office Developments. One bicycle parking space per six thousand (6,000) square feet with seventy-five percent (75%) as Class 1 spaces and twenty-five percent (25%) as Class 2 racks. (Ord. 2045 § 1, 4-5-22).