Part 4.5

TINY HOME ON WHEELS*

Sections:

Notwithstanding any other provision of this Title to the contrary, Tiny Home on Wheels (THOW) shall be allowed on a lot consisting of One-Family Dwelling, subject to all of the following criteria:

1. The lot does not contain a detached Accessory Dwelling Unit, except the lot may

*Editor’s note— Ord. 30984, § 2, adopted Dec. 12, 2023, repealed the former Part 4.5, §§ 20.30.460 - 20.30.495, and enacted a new Part 4.5 as set out herein. The former Part 4.5 pertained to accessory dwelling units and derived from Ords. 30353, 30395, 30396, 30480, 30516.

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§ 20.30.495

contain an attached Accessory Dwelling Unit or Junior Accessory Dwelling Unit;

2. Only one THOW is allowed on a lot;

3. A THOW shall be subject to ADU permitting requirements in accordance with Section 20.80.175, only if the wheels are removed and unit is attached to a conventional foundation;

4. A THOW shall be located in the rear yard of the lot of the One-Family Dwelling with a minimum setback of four (4) feet from any interior side or rear property line and ten (10) feet from a corner property line;

5. If the size of the rear yard is insufficient to accommodate a THOW, a THOW may be located in the interior side yard area and shall meet a minimum front setback of forty-five (45) feet from the front property line and maintain a minimum setback of four (4) feet from an interior side property line;

6. The THOW shall be located a minimum of six (6) feet away from the One-Family Dwelling;

7. The THOW undercarriage (wheels, axles, tongue and hitch) shall be hidden from view from the public right of way;

8. The THOW shall be parked on a paved or alternate pad that include bumper guards, curbs, or other installations adequate to prevent movement of the THOW. The wheels and leveling or support jacks must sit on a paving surface that meet either of the following criteria:

   • a. A parking area for a moveable THOW shall be paved with hard, durable asphaltic paving that is at least two inches thick after compaction, or with cement paving at least three inches thick; or

   • b. Alternative paving materials may consist of porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers,

decomposed granite, crushed rock or gravel, plastic or concrete grid system confined on all sides and filled with gravel or grass in the voids, or other similar materials that meet the following requirements:

  - i. Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of 80 mm (3.14 inches); and 

  - ii. Products and underlying drainage material shall be installed to meet manufacturers' specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications. 

9. No additional parking shall be required for the THOW, and displaced parking resulting from the construction of a THOW is not required to be replaced;

10. The THOW shall be connected to electric, water, and sewer utilities with the issuance of required building permits;

11. The THOW is not required to have sprinklers but shall meet the ANSI A119.5 or NFPA 1192 standards relating to health, fire and life-safety;

12. The THOW shall incorporate all of the following design elements:

• a. Cladding and trim: Materials used on the exterior of the THOW shall exclude single piece composite laminates, or interlocked metal sheathing;

• b. Windows and doors: Windows shall be at least double pane glass, and include exterior trim. Windows and doors shall not have rounded corners;

• c. Roofing: Roofs shall have a minimum of a 2:12 pitch for greater than 50 percent of the roof area and not be composed of wooden shingles;

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• d. Extensions. All exterior walls and roof of a THOW used shall be fixed with no slide-outs, tip-outs, nor other forms of mechanically articulating room area extensions;

• e. Mechanical equipment shall be incorporated into the structure and not be located on the roof; and

13. The THOW shall be no greater than two stories, and shall not exceed a maximum height of 16 feet. Maximum height shall be determined in accordance with San José Municipal Code Section 20.200.510.

(Ord. 30984.)

Part 5

• A. All accessory buildings and accessory structures in the residential zoning districts shall conform to the development regulations set forth below in Table 20-70.

• B. When the right column of Table 20-70 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote apply.

ACCESSORY BUILDINGS AND STRUCTURES

Sections:

Table 20-70 Accessory Buildings and Structures Development Regulations

1. Measured from front property line which is opposite the designated side property line.

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2. On a corner lot, no accessory buildings or accessory structures, excluding fences and retaining walls, shall be built within ten feet of the side property line adjacent to a street.

3. With respect to accessory buildings or accessory structures, where any such building or structure is proposed to be constructed on a corner lot which abuts upon a key lot which is for residential use, such building or structure shall be set back not less than four feet from the rear lot line of such lot, provided that the setback for swimming pools shall not, in any event, be reduced to less than five feet.

4. Maximum height of two feet measured from existing grade, unless a greater height is otherwise approved with a Special Use Permit, pursuant to Chapter 20.100, Part 7.

5. The size of an individual accessory building or accessory structure or the total aggregate square footage of all accessory buildings and accessory structures built on any property may be increased to exceed six hundred fifty square feet only pursuant to a special use permit, as provided for in Chapter 20.100 of this Title.

6. For purposes of this Section, the calculation of square footage shall not include any square footage of an accessory building or accessory structure that is entirely below grade.

7. Per Section 20.200.020, an accessory building shall not contain living space or sleeping quarters, and shall be limited to two plumbing connections to serve an appliance or fixture, and unconditioned space as defined in Title 24 of the San José Municipal Code.

8. Increased setbacks may be required based upon fire and life safety requirements in this Code.

• (Ords. 26248, 28320, 28448, 29011, 29821, 30282, 30696, 31095.)

• A. The cumulative total of the rear yard covered by any part of accessory buildings and accessory structures (not including built-in swimming pools) built in the rear yard shall not exceed 40% (forty percent), of which accessory buildings cannot exceed 30% (thirty percent). For the purposes of this Section, eave projections of up to two feet will not be counted towards rear yard coverage for an accessory building and accessory structure.

• B. The cumulative total of the rear yard covered by any part of a built-in swimming pool shall not exceed 60% (sixty percent). In calculating the maximum allowable rear yard coverage for a built-in swimming pool, the cumulative total of any part of any accessory building(s) and structure(s) shall be added to the area of the built-in swimming pool.

• (Ords. 26248, 31095.)

The horizontal distance between any and all points between the building walls of any accessory building and the building walls of any other building on the property including any other accessory building(s) shall not be less than six feet. Eaves may be closer than six feet but will have to meet any applicable building code regulations. (Ords. 26248, 28448.)

• A. Notwithstanding Section 20.30.500, in the R-1, R-2 and R-M residence districts, the maximum height of an accessory building or structure with a sloped roof may exceed twelve feet provided the height halfway up any slope of a pitched, gable or hip roof does not exceed twelve feet and no portion of the accessory building exceeds a maximum height of sixteen feet.

• B. Notwithstanding any other provision of this part, the maximum height of a solar photovoltaic system mounted on an accessory building may exceed the maximum height allowed by Section 20.30.500 and Section 20.30.530 A if the solar photovoltaic system conforms to the following criteria:

  1. The solar photovoltaic system is mounted on an accessory building in a manner that conforms to the height requirements of a roof on that structure; or

  2. The solar photovoltaic system is mounted on an accessory building and no portion of the solar photovoltaic system extends more than five feet above the height of the existing roof and no portion of the solar photovoltaic system exceeds a maximum height of twenty-one feet.

• (Ords. 28320, 29821, 30696.)

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§ 20.30.630

Part 6

FENCE REGULATIONS

Sections:

20.30.600 Fence regulations.

20.30.610 Measurement of height.

20.30.620 Maximum height - Exception.

20.30.630 Posts and gates.

20.30.640 Prohibited fences.

20.30.650 Swimming and wading pool fencing requirements.

All fences on lots with a single one-family dwelling in any zoning district shall conform to the development regulations set forth below in Table 20-80. Fences which comply with these requirements do not require approval from the director. No fence may be erected or constructed which exceeds the height specified in Table 20-80 except as specifically allowed by a variance or in conformance with this title. All other fencing shall require approval from the director.

Table 20-80 Fence Regulations R-1 Residence Districts

(Ords. 26248, 30373.)

For purposes of this chapter, the measurement of fence height shall be measured from the grade of the public right-of-way, and from existing grade in the case of all other property lines. (Ord. 26248.)

When the difference in grade along a common property line exceeds two feet, any fence along the common property line shall not exceed more than six feet in height.

(Ord. 26248.)

Support posts or columns, not exceeding four feet in height and eighteen inches in width, and

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gates and trellises used for pedestrian purposes, not exceeding eight feet in height and five feet in length shall be permitted, provided such entry is at least fifteen feet away from an intersection. (Ord. 26248.)

The following materials and fence types are prohibited from use on any parcel of property in the city that is used for residential purposes and is not subject to a development permit:

1. Barbed wire

2. Razor wire

3. Electric fences

4. Glass

5. Other sharp materials

• (Ord. 26248.)

Swimming and wading pools are required to meet the fencing requirements found in Title 17 of the San José Municipal Code and/or as amended by state law. (Ord. 26248.)

Part 7

PERFORMANCE STANDARDS

Sections:

• A. In the R-1, R-2, R-M, and R-MH residential districts, no primary, secondary, incidental or conditional use or activity related thereto shall be conducted or permitted:

  1. In a manner that causes or results in the harmful discharge of any waste materials into or upon the ground, into or within any sanitary or storm sewer system, into or within any water system or water, or into the atmosphere; or

  2. In a manner that constitutes a menace to persons or property or in a manner that is dangerous, obnoxious, or offensive by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust, vibration, radiation, or fumes; or

  3. In a manner that creates a public or private nuisance.

• B. Without limiting the generality of the preceding subsection, the following specific standards shall apply in the residential zoning districts:

  1. Air Pollution. Total emissions from any use or combination of uses on a site shall not exceed the emissions and health risk thresholds as established by the director of planning.

  2. Noise. The sound pressure level generated by any use or combination of uses on a property shall not exceed the decibel levels indicated in Table 20-85 at any property line, except upon issuance and in compliance with a special use permit as provided in Chapter 20.100.

Table 20-85 Noise Standards

3. Vibration. There shall be no activity on any site that causes ground vibration that is perceptible without instruments at the property line of the site.

(Ords. 26388, 26456, 26505, 29821.)

Part 8

SENATE BILL 9 IMPLEMENTATION

Sections:

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§ 20.30.810

• A. This Part implements Government Code sections 68582.21 and 66411.7, herein referred to as Senate Bill 9. The purpose of this Part is to apply objective local development standards for projects covered by Senate Bill 9. This Part is applicable only so long as Senate Bill 9 is operative.

• B. Where this Part or Senate Bill 9 conflict with any other provisions of this Code, this Part and Senate Bill 9 shall control. Any development standard or requirement not specifically addressed by this Part or Senate Bill 9 must conform to all other provisions of this Code and all other objective policies and requirements governing subdivisions and/or construction of one-family or two-family dwellings.

• (Ord. 30707.)

• A. Lot design requirements:

  1. Lot frontage:

     • a. Where 55 feet of frontage on a public right-of-way is not proposed for both lots created by an Urban Lot Split, pursuant to Government Code Section 66411.7, each lot shall have a minimum of 30 feet of frontage on a public right-of-way and an average width of 30 feet, or

     • b. Where 30 feet of frontage on a public right-of-way is not proposed for both lots created by an Urban Lot Split, one of the lots shall be provided with access by a corridor with at least 12 feet but no more than 15 feet of frontage on a public street.

       • i. Said access corridor shall maintain a width of at least 12

feet but no more than 15 feet for the entire length of the corridor.

     - ii. The length of said access corridor shall be at minimum the required front setback of the zoning district in which the lot is situated. 

     - iii. The access corridor shall be kept free and clear of building or structures of any kind except for lawful fences and underground or overhead utilities. 

  - c. Where one of the lots created by an Urban Lot Split does not propose frontage on a public right-of-way, direct access to the public right-ofway must be provided through an easement for ingress and egress and emergency access. 

     - i. Said easement shall be a minimum 12 feet but no more than 15 feet in width for the entire length of the easement. 

     - ii. The length of said easement shall be at minimum the length of the required front setback of the zoning district in which the lot is situated. 

     - iii. Said easement shall be recorded as a Covenant of Easement on the Parcel Map for the Urban Lot Split. 

2. Maximum lot depth, as required by Section 19.36.230 of this Code, shall be waived for lots created by an Urban Lot Split.

• B. Property line and setbacks:

  1. For lots accessed by a corridor of 12 feet to 15 feet in width:

     • a. Front property line is the property line that abuts the public street.

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  - b. The front setback area is the entire length of the 12 foot to 15-footwide access corridor. 

  - c. The rear property line is any property line that is generally parallel to the public right-of-way from which the lot gains access, and that abuts properties that are not a part of the Urban Lot Split. 

  - d. The remaining property lines shall be considered side property lines. 

2. For lots that do not abut a public street that are accessed by an easement:

   • a. There shall be no front property line.

   • b. The rear property line is any property line that is generally parallel to the public right-of-way from which the lot gains access, and that abuts properties that are not a part of the Urban Lot Split.

   • c. The remaining property lines shall be considered side property lines.

• C. All required utility connections shall be placed on the same parcel as the unit or units the utilities are serving, or shall be located within a utility easement.

• D. A minimum of one dwelling unit shall exist on a lot being subdivided at time of recordation of a Parcel Map for an Urban Lot Split.

• E. Lots created through an Urban Lot Split shall not contain more than two dwelling units, inclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units. In no case shall the city permit more than two units per lot created by an Urban Lot Split.

• F. Lots that contain a two-family dwelling created pursuant to Senate Bill 9 without an Urban Lot Split, shall be limited to one attached accessory dwelling unit or two detached accessory dwelling units per lots.

• G. For purposes of Government Code 66411.7(a)(3)(G), "acting in concert with" means knowing participation in a joint activity or parallel action towards a common goal

whether or not pursuant to an express agreement. Examples include, but are not limited to, an adjacent parcel previously subdivided by a person acting on behalf of, acting for the predominant benefit of, acting on the instruction of, or actively cooperating with, the owner of the parcel that is being subdivided. (Ords. 30707, 30786.)

• A. The cumulative Floor Area Ratio of units that are constructed pursuant to Senate Bill 9, excluding Accessory Dwelling Units and Junior Accessory Dwelling Units, shall be limited to .45 per lot or 800 sf per unit, whichever is greater.

  1. For purposes of this Part, Floor Area Ratio and unit square footage shall be calculated per Section 20.100.1020 of this Code.

• B. Height and stories. Units created pursuant to Senate Bill 9 shall be limited to a maximum height of no greater than thirty feet and no more than two stories. A maximum height of no greater than twenty feet and one story shall be applied to units situated within twenty feet of the rearmost property line.

• C. Additional standards for dwelling units permitted under Senate Bill 9.

  1. Garage frontage limit. The cumulative linear feet of the vehicular doors to a garage or garages that are oriented to face the front property line or side corner property line shall be no wider than one half of the width of the dwelling structure to which the garage or garages are attached.

• D. Encroachments into setback areas are allowed per Chapter 20.30, however, in no case shall an encroachment be closer than three feet from a side property line. Eaves are the only encroachment allowed into a rear property line and must maintain a setback of three feet in any case.

(Ord. 30707.)

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§ 20.40.010

• A. For projects covered by Senate Bill 9, the applicant shall submit a statement under penalty of perjury that within the last three years there has been no tenant in a dwelling unit that is proposed to be altered or demolished.

• B. Prior to approval of a Parcel Map for an Urban Lot Split or Ministerial Approval for a Senate Bill 9 project, the applicant shall record a deed restriction identifying that the units on the parcel or parcels may not be rented for a term of 30 days or less.

• (Ord. 30707.)

In the event these standards physically preclude the creation of a second unit pursuant to Senate Bill 9, applicants may seek a waiver through a process to be defined in administrative guidelines promulgated by the Director of Planning, Building and Code Enforcement.

(Ord. 30786.)