Part 2.75

ACCESSORY DWELLING UNITS

Sections:

20.80.175 General. 20.80.176 Streamlined approval. 20.80.178 Junior accessory dwelling units - Single family dwelling lot. 20.80.179 Amnesty program.

Pursuant to Section 66314 of the Government Code, this Section provides for the creation of Accessory Dwelling Units in areas zoned to allow single-family or multifamily dwelling residential use. An Accessory Dwelling Unit that conforms to all applicable requirements shall not be considered to exceed the allowable density for the lot upon which it is located and is deemed to be a residential use that is consistent with the existing General Plan and Zoning designations for the lot.

Pursuant to Section 66321 of the Government Code and notwithstanding any provisions stated in

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the streamline approval process or any other provision of this Title to the contrary, Accessory Dwelling Units shall be allowed pursuant to the provisions of this Part:

• A. Zoning District. An Accessory Dwelling Unit that is attached to or detached from a one-family dwelling shall be permitted on a lot, consisting of an existing singlefamily and multi-family dwelling unit.

• B. Number of Units Allowed.

  1. Single-Family. On lots that contain an existing or proposed single-family dwelling, one (1) attached or one (1) detached Accessory Dwelling Unit, and one (1) Junior Accessory Dwelling Unit may be created in any order totaling two (2) units.

  2. Multifamily. On lots that contain an existing or proposed multifamily dwelling structure, one (1) attached or one (1) detached Accessory Dwelling Unit is allowed per lot.

• C. Density. An Accessory Dwelling shall not be included in calculation of residential density for the purpose of determining General Plan conformance.

• D. Development Standards.

  1. Maximum Floor Area. The Accessory Dwelling Units shall comply with all of the following:

     • a. If there is an existing primary dwelling, the total floor area of an attached Accessory Dwelling Unit shall not exceed fifty percent (50%) of the existing primary dwelling.

     • b. One thousand (1,000) square feet for an Accessory Dwelling on a lot with an area of up to nine thousand (9,000) square feet.

     • c. One thousand two hundred (1,200) square feet for an Ac-

cessory Dwelling on a lot with an area greater than nine thousand (9,000) square feet.

• d. No maximum for conversion of an existing detached Accessory structure into an Accessory Dwelling Unit.

Table 20-55

Lot size Maximum floor area Up to 9,000 square 1,000 square feet feet Greater than 9,000 1,200 square feet square feet

2. Height.

   • a. A detached one-story Accessory Dwelling shall be limited to a maximum height of eighteen (18) feet.

   • b. A detached two-story Accessory Dwelling shall be limited to a maximum roof height of twenty-five (25) feet above grade.

   • c. A detached Accessory Dwelling shall not exceed two (2) stories.

   • d. An attached Accessory Dwelling shall be limited to a maximum roof height of twentyfive (25) feet above grade and not exceed two (2) stories.

3. Setbacks.

   • a. Front setback: Front setback of the zoning district, unless such setback prohibits an eight hundred (800) square foot Accessory Dwelling Unit.

   • b. Side setback: 0 feet.

• c. Rear setback: 0 feet.

  • d. Existing structures converted into an Accessory Dwelling Unit may maintain existing setbacks.

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• e. Second Story Accessory Unit - A minimum setback of four (4) feet from the side and rear lot lines, with an overhang of one (1) foot or less, shall be required for any second story of a detached Accessory Dwelling.

• f. Additional setback requirements may apply under the Building and Fire Codes or as a result of "no-build" easements or require compliance with existing easement restrictions.

4. Required Facilities. An Accessory Dwelling shall include all of the following facilities:

   • a. A kitchen (including a sink, food preparation counter, storage cabinets, and permanent cooking facilities such as a range or cooktop that meet Building Code standards); and

   • b. A full bathroom (including sink, toilet, and shower and/or bath facilities).

5. Siting.

   • a. An attached Accessory Dwelling shall share a common wall with the One-Family or multiple family Dwelling or shall share an integral roof structure having the same framing system and roof covering as the One-Family or multiple family Dwelling and shall be separated from the One-Family or multiple family Dwelling by no more than ten (10) feet at any given point.

   • b. A detached Accessory Dwelling shall be located in the rear yard of the lot of the OneFamily Dwelling or shall be

required to meet minimum setback requirements for an Accessory Building in accordance with Section 20.30.500, except that a new detached Accessory Dwelling Unit that maintains a minimum interior side setback of four (4) feet may be located at a distance of fortyfive (45) feet from the front property line.

• c. A detached Accessory Dwelling shall be located at least six (6) feet away from the OneFamily or multiple family Dwelling.

d. A detached Accessory Dwelling may be attached to an existing or proposed accessory building, including a garage so long as current Building Code requirements and requirements to address fire or safety hazards are met. A detached Accessory Dwelling that is attached to an existing or proposed accessory building, including a detached Accessory Dwelling constructed above an existing or proposed Accessory Building or basement, shall not have any connecting opening between the Accessory Building and Accessory Dwelling, unless all connected areas meet current Building Code and Fire Code requirements, and the maximum gross square footage for all connected areas does not exceed the limits set forth in Section 20.80.175 C and/or Section 20.80.175 G above. Notwithstanding the provisions above, a detached Acces-

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• sory Dwelling that is attached to an existing or proposed garage may have a connecting opening, provided the garage does not have a connecting opening to any other Accessory Building not used as a garage, and such garage area shall not be included in the maximum Accessory Dwelling floor area tabulation. All Accessory Buildings and Structures shall meet the requirements in accordance with Section 20.30.500, and all connected areas shall meet current Building Code and Fire Code requirements.

  - e. The cumulative total of the rear yard covered by the Accessory Dwelling, Accessory Buildings, and Accessory Structures, except pools, shall not exceed forty percent (40%) of the rear yard except that such ratio shall not prohibit an eight hundred (800) square foot Accessory Dwelling Unit with minimum four (4) foot side and rear yard setbacks. 
  
  - f. If situated on a lot that is equal to or greater than one-half (½) an acre in size, an Accessory Dwelling shall be located more than one hundred (100) feet from a riparian corridor as measured from top of bank or vegetative edge, whichever is greater. 
  

  6. Roof. Roof height shall be determined in accordance with San José Municipal Code Section 20.200.510.

• E. Design Standards. Accessory Dwellings shall comply with the following design standards:

  1. Any new addition for an attached Accessory Dwelling Unit, on a prop-

erty listed on the San José Historic Resources Inventory, shall be located along the rear wall of an existing primary dwelling, unless the Accessory Dwelling Unit is fully enclosed within the existing building walls.

• a. The attached Accessory Dwelling Unit shall not result in the enclosure of or net loss of any existing porch, unless such porch is located along the rear façade, and the enclosure of or net loss does not exceed ten percent (10%) or more of an existing porch.

• b. The roofline and materials of the attached Accessory Dwelling Unit shall be differentiated from the primary dwelling.

• c. A detached Accessory Dwelling Unit may be constructed on any property listed on the City's Historic Resources Inventory, provided the Accessory Dwelling Unit is set back at least forty-five (45) feet from the front property line.

2. The front door of any attached Accessory Dwelling shall not be located on the same facade as the front door of the One-Family Dwelling if that facade fronts onto a street, unless all other locations for placement of the Accessory Dwelling front door would require a passageway as defined in Government Code Section 66314(d)(6).

3. Any portion of balconies and landings with areas greater than fifty percent (50%) enclosed with walls and covered shall be included in the total unit floor area, measured to

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  - exterior framing, except that the floor area of an internal stairwell will be counted once. 

4. Any porches or balconies that project beyond the footprint of the Accessory Dwelling Unit shall be included in the cumulative total of the rear yard coverage tabulation.

• F. Application-Owner Certification. Nothing in this Section shall be deemed to affect the legal status of an Accessory Dwelling built with a lawfully issued permit if the property is subsequently transferred or sold, or if the one-family dwelling or Accessory Dwelling is subsequently rented or leased. The requirements of Subsection F shall not apply to an Accessory Dwelling Unit constructed on a property developed by a Qualified Non-profit Corporation and there is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. Accessory Dwelling Units meeting these requirements may be sold or conveyed separately from the primary residence to a qualified buyer in conformance with Government Code Section 65852.25 or that has been reviewed and approved by the process stated in Section 20.80.177 of this Municipal Code.

• G. Compliance with Building and Zoning Codes. An Accessory Dwelling shall be built in accordance with the building code set forth in Title 24 of the San José Municipal Code and in conformance with Title 20 of the San José Municipal Code.

• H. Located on One Lot. An Accessory Dwelling shall be located within the same subdivision unit and on the same legal

  - parcel as the One-Family Dwelling or multiple dwelling to which it is ancillary. 
  

  • I. Parking. No off-street parking spaces are required for an Accessory Dwelling Unit, and the applicant shall not be required to replace any covered parking spaces that are removed or demolished as a result of the construction of the Accessory Dwelling Unit.

  • J. Other Legal Requirements. Accessory Dwelling Units shall comply with all other applicable legal requirements that are not inconsistent with this Chapter.

• (Ords. 30984, 31095.)

Pursuant to Section 65852.2(e) of the Government Code, this Section provides for the streamlined and ministerial approval of certain Accessory Dwelling Units. This Section may be used instead of, but not in addition to, the Accessory Dwelling Units allowed pursuant to Section 65852.2(a) of the Government Code nor Section 20.80.175 of the San José Municipal Code. Accessory Dwelling Units pursuant to the provisions of this Part, shall be allowed:

• A. Single-Family. On lots that contain an existing or proposed single-family dwelling, a maximum of one (1) converted Accessory Dwelling Unit, one (1) detached new construction Accessory Dwelling Unit, and one (1) Junior Accessory Dwelling Unit may be created in any order without prejudice; totaling up to three units if all of the following apply:

  1. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or Accessory Structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing Accessory Structure.

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An expansion beyond the physical dimensions of the existing Accessory Structure shall be limited to accommodating ingress and egress.

2. The space has exterior access from the proposed or existing single-family dwelling.

3. The proposed detached, new construction, Accessory Dwelling Unit that does not exceed four-foot side and rear yard setbacks. The side and rear setbacks are sufficient for fire and safety.

4. The front setback shall be in compliance with the underlying zoning district and not to prohibit an eight hundred (800) square foot Accessory Dwelling Unit.

5. The Accessory Dwelling Unit has a total floor area of no more than eight hundred (800) square feet.

6. The Accessory Dwelling Unit has a height of no more than eighteen (18) feet.

7. The Junior Accessory Dwelling Unit complies with the requirements of Section 65852.22.

• B. Multifamily. On lots that contain an existing or proposed multifamily dwelling structure, up to two (2) detached Accessory Dwelling Units are allowed, and at least one Accessory Dwelling Unit may be created within a multifamily dwelling structure; if all of the following apply;

  1. The maximum number of Accessory Dwelling Units created shall not exceed twenty-five percent (25%) of the existing multifamily dwelling units prior to the addition of any Accessory Dwelling Units.

  2. Multiple Accessory Dwelling Units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms,

boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

3. Each proposed detached Accessory Dwelling Unit does not exceed fourfoot side and rear yard setbacks. The side and rear setbacks are sufficient for fire and safety.

4. Each proposed detached Accessory Dwelling Unit has a total floor area of no more than eight hundred (800) square feet.

   5. Each proposed detached Accessory Dwelling Unit has a height of no more than eighteen (18) feet.

• (Ord. 30984.)

Notwithstanding any other provision of this Title to the contrary, Junior Accessory Dwelling Units, for lots consisting of single-family dwellings, that meet all of the following criteria shall be allowed pursuant to the provisions of this Part:

• A. Shall not exceed five hundred (500) square feet and constructed within the existing walls of the primary dwelling unit, and any exterior alteration is only limited to accommodating ingress/egress requirements.

• B. Shall include a separate entrance from the main entrance to the primary dwelling unit.

• C. Shall include an interior entry to the main living area if sanitation facilities are shared with the existing primary dwelling.

• D. Shall require owner-occupancy in the single-family residence in which the Junior Accessory Dwelling Unit will be permitted. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

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• E. Shall require the recordation of a deed restriction, which shall run with the land, and which shall be on file with the City, to include restriction on the size and attributes of the Junior Accessory Dwelling Unit that conforms with this Section; and prohibition on the sale of the Junior Accessory Dwelling Unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

• F. Shall include at least an efficiency kitchen which shall include all of the following:

  1. A cooking facility with appliances; and

  2. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior Accessory Dwelling Unit.

• G. A Junior Accessory Dwelling Unit may also be allowed on the same lot with an attached or detached Accessory Dwelling Unit, provided the following criteria are met:

  1. The Accessory Dwelling Unit is fully detached, and the Junior Accessory Dwelling Unit is within the proposed space of a single-family dwelling or existing space of a singlefamily dwelling; and

• H. No additional parking shall be required for construction of a Junior Accessory Dwelling Unit.

• I. When a garage is converted into a Junior Accessory Dwelling Unit, any off-street parking spaces that were provided by such garage are not required to be replaced.

• (Ord. 30984.)

Notwithstanding any other provision of this Title, Accessory Dwelling Units that meet all of the

provisions set forth in the City of San José Accessory Dwelling Unit Amnesty Program shall be allowed.

(Ord. 30984.)