Part 3.75

CO-LIVING COMMUNITY

Sections:

• A. Bedrooms within a Co-Living Community are considered sleeping units as defined in Chapter 2 of the California Building Code as adopted in Chapter 24.03 of the San José Municipal Code. Each bedroom within a Co-Living Community is considered a separate living quarter to be occupied by permanent residents.

• B. No special use permit may be issued for a Co-Living Community unless the following criteria are met:

  1. Excluding the closet and the bathroom area, the bedroom size must be at least one hundred (100) square feet in floor area if occupied by one (1) person, and one hundred fifty (150) square feet in floor area if occupied by two (2) persons. The average size of all of the bedrooms within a Co-Living Community shall be no greater than two hundred seventy-five (275) square feet and no bedroom may exceed four hundred (400) square feet.

  2. Each bedroom shall be designed to accommodate a maximum of up to two (2) persons, along a lateral or loft configuration.

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§ 20.80.290

3. A bedroom may contain partial kitchen facilities. If individual partial or complete bath facilities are not provided in a bedroom, common bath facilities must be provided in accordance with Subsection B of Section 17.20.290 of Title 17 of the San José Municipal Code.

4. Common full kitchen facilities must be provided to adequately serve the residents of the Co-Living Community and must serve six (6) or more bedrooms.

5. No bedroom shall have a separate external entryway.

6. A Co-Living Community shall provide a minimum of 20 square feet of interior common space per bedroom, excluding janitorial storage, laundry facilities and common hallways. The interior common space may be located on different floors than the corresponding bedrooms.

7. A closet or designated storage space, which could consist of furniture that provides storage, is required in every bedroom.

8. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold running water must be provided on each floor of the facility.

9. Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every twenty (20) bedrooms or fractional number thereof.

10. A Co-Living Community is subject to regulatory programs and requirements administered by the Department of Housing. With respect to those programs and requirements and the implementing regulations, each bedroom shall be considered a co-living dwelling unit, and the heated common areas associated with the bedrooms will not be excluded from the determination of square footage.

11. An application for a special use permit for a Co-Living Community shall have

an operations management plan. The operations management plan is subject to the approval of both the Director and the Director of Housing. The operations and management plan shall be adhered to during the operation of the Co-Living Community.

12. A Co-Living Community shall conform to the design guidelines in Section 20.70.500.

13. A Transportation Demand Management Program (TDM), in conformance with Section 20.90.220, shall be required for a Co-Living Community, regardless of whether a reduction in parking is requested.

• C. Kitchen and bathroom facilities:

  1. For purposes of this section, a partial bathroom contains a water closet and sink. A full bathroom includes sink, toilet, and shower and/or bath facilities.

  2. A full kitchen contains all of the following: a sink, food preparation counter, storage cabinets, and permanent cooking facilities such as an oven and range or cooktop. A partial kitchen shall not include permanent cooking facilities.

• D. The Director shall deny the special use permit application for a Co-Living Community where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate that the proposed Co-Living Community will comply with the requirements of this Section.

• (Ord. 30227.)

Part 4

CONVERSION OF RESIDENTIAL DWELLINGS

Sections:

• A. No one-family dwelling in any district shall be converted to any other use except upon issuance of and in compliance with a:

  1. Site development permit for conversion to a two-family dwelling or a multiple dwelling; or

  2. Special use permit for conversion to any nonresidential use identified as a permitted, or special use in the district with the one-family dwelling; or

  3. Conditional use permit for conversion to any nonresidential use identified as a conditional use in the district with the onefamily dwelling.

• B. No two-family dwelling or multiple dwelling in any district shall be converted to any other use except upon issuance of and in compliance with a:

  1. Permit adjustment for conversion of a two-family dwelling to a one-family dwelling; or

  2. Site development permit for conversion to a one-family, two-family, or multiple dwelling; or

  3. Special use permit for conversion to any nonresidential use identified as a permitted, or special use in the district with the two-family or multiple-family dwelling; or

  4. Conditional use permit for conversion to any nonresidential use identified as a conditional use in the district with the twofamily or multiple-family dwelling.

• C. Nothing contained in this section shall be deemed or construed to permit approval of any one-family dwelling, two-family dwelling or multiple dwelling use in any district in which such use is not otherwise allowed pursuant to the provisions of Chapters 20.20 through 20.70 of this title.

(Ords. 26248, 26455, 29011.)

Part 5

DEMOLITION OR REMOVAL OF BUILDINGS

Sections:

20.80.420 Demolition defined.

20.80.430 Removal permit defined.

20.80.440 Development permit required.

• 20.80.450 Exemption from development permit requirement.

• 20.80.460 Evaluation criteria for issuance of permit.

For the purpose of this part, "demolition permit" means a building permit issued by the building division pursuant to Section 301 of the uniform building code, as adopted pursuant to the provisions of Chapter 24.02 of Title 24 of this Code, for the purpose of allowing the demolition of a structure.

(Ord. 26248.)

For the purpose of this part, "demolition" means removal of more than fifty percent of the exterior walls of a building.

• A. A wall, or portion of a wall, is deemed "removed" when its structure is removed or moved to another location or elevation on site, or when the wall is enclosed behind newly constructed space.

• B. For the purposes of calculating the amount of exterior walls removed, the remaining exterior walls must be contiguous.

• C. Removal and replication of framing and/or siding for purposes of repair only does not constitute removal or demolition.

(Ords. 26248, 26455.)

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§ 20.80.430

For the purpose of this part, "removal permit" means a building removal permit which is issued pursuant to Chapter 17.36 of Title 17 of this Code for the purpose of moving a building over public streets.

(Ord. 26248.)

• A. Except as specifically exempted by Section 20.80.450, no demolition permit or removal permit shall be issued unless and until a development permit which specifically approves such demolition or removal has been issued and has become effective pursuant to the provisions of Chapter 20.100 and the provisions of this part.

• B. A special use permit or other applicable development permit shall be required for the following:

  1. Demolition of a building which would not otherwise require a development permit pursuant to the requirements of Chapter 20.100; and/or

  2. Removal of a building from a parcel located within the City of San José; and/or

  3. Relocation of a building to a parcel located within the City of San José.

• C. The approval of a development permit which allows the demolition, removal or relocation of a building shall expressly include consideration of the criteria set forth in Section 20.80.460 of this part.

• D. Nothing herein shall waive any requirement for a demolition or removal permit pursuant to the provisions of Title 17 of this Code.

• (Ord. 26248.)

No development permit shall be required for the following:

1. Demolition or removal of a single-family home, as defined by Section 20.80.420 of this title, when:

   • a. A single-family house permit is not required by Chapter 20.100 of this title; and

     • b. Building permits have been issued for a replacement single-family house.

   2. Demolition or removal of a building where such demolition or removal is pursuant to the approval of a non-residential development project funded by a public entity.

   3. Demolition or removal of a building which the city building official has determined to be an immediate threat to public health or safety.

   4. Demolition or removal of a building that has been ordered to be removed or demolished by the appeals hearing board or by a court of law.

   5. Demolition or removal of residential accessory structures, as defined in Section 20.80.420 of this title and Section 20.80.430, and for commercial or industrial buildings no greater than one thousand square feet, except for properties listed on the historic resources inventory.

   6. Demolition or removal of a building which is required under the provisions of Part 3 of Chapter 17.40 of Title 17 of this Code.

• (Ord. 26248.)

Prior to the issuance of any Development Permit which allows for the demolition, removal or relocation of a Building, the Director, or on appeal the Planning Commission or City Council, shall determine whether the benefits of permitting the demolition, removal or relocation outweigh the impacts of the demolition, removal or relocation. In making such a determination, the following shall be considered:

1. The failure to approve the permit would result in the creation or continued existence of a nuisance, blight or dangerous condition;

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§ 20.80.476

2. The failure to approve the permit would jeopardize public health, safety or welfare;

3. The approval of the permit should facilitate a project which is compatible with the surrounding neighborhood;

4. The approval of the permit should maintain the supply of existing housing stock in the City of San José;

5. Both inventoried and non-inventoried Buildings, Sites and districts of historical significance should be preserved to the maximum extent feasible;

6. Rehabilitation or reuse of the existing Building would not be feasible; and

7. The demolition, removal or relocation of the Building without an approved replacement Building should not have an adverse impact on the surrounding neighborhood.

8. The permit applicant has provided evidence that either the existing Building or Structure is not a Multiple Dwelling or Mobile home Park or that the permit applicant has complied with all relocation obligations under state and local law, including but not limited to the obligations in Chapters 17.20, 17.23 and 20.200 of the Municipal Code.

9. The permit applicant has provided evidence of compliance with all applicable pre-demolition permit conditions and all other requirements in City Council Policy 6-28, Management of Pollutants During the Demolition of Applicable Projects.

(Ords. 26248, 29945, 30906.)