San Jose Municipal Code Part 9 Single-Family House Permit

A. The purpose of this part is to promote orderly development, to enhance the character, stability, integrity and appearance of single-family neighborhoods and zoning districts, to maintain and protect the stability and integrity of land values, and to secure the general purposes of this title and the San José General Plan.

B. In order to accomplish the purpose, it is necessary for the city to review and regulate the aesthetic and functional aspects of single-family houses and sites and to require, as the city determines necessary, aesthetic and functional improvements to the site and to any structures thereon and to require off-site improvements.

(Ords. 26248, 27076, 30603.)

The Single-family House Permit regulations shall only apply to single-family homes developed in the R-1, R-2 and RM zoning districts.

(Ord. 30603.)

For purposes of this part, "single-family house" means a structure designed and/or used as an R-3 occupancy as defined in the building code and otherwise designated a one-family dwelling elsewhere in this Code.

(Ords. 26248, 27076, 29785, 30603.)

For purposes of this part, "floor area ratio" means the gross floor area of the single-family house divided by the total lot area. Garages, basements and accessory structures are not included in the gross floor area for the purposes of this part. The floor area includes the sum of all the floors in the main structure measured to the outside surface of the exterior walls. It includes the stairwells at all floors and all areas that are greater than fifty percent enclosed with walls and covered.

(Ords. 26248, 27076, 29785, 30603.)

A. A valid single-family house permit issued under this Part is required prior to the issuance of a building permit for a single-family house that is a covered activity, as the terms building permit and covered activity are defined in Sections 18.40.210 and 18.40.220 of Chapter 18.40 of Title 18 of this Code, if:

1. The single-family house is located within one hundred (100) feet of a riparian corridor as measured from top of bank or vegetative edge, whichever is greater; and

2. The single-family house site is equal to or greater than one-half acre in size. Proof of payment of all applicable fees that are required under Title 18 Chapter 18.40 of this Code must be submitted to the Director prior to issuance of a building permit for any project that is subject to payment of fees under Part 3 of Chapter 18.40 of Title 18 of this Code.

B. A valid single-family house permit issued under this Part is required prior to the issuance of a building permit for the following activities, unless specifically exempted by Subsection D. below:

1. Erection, construction, enlargement, placement or installation of a single-family house on any site; or

2. Exterior alteration of a single-family house.

C. A valid single-family permit issued under this Part is required if the project results in the creation, replacement, alteration or reconfiguration of ten thousand (10,000) square feet or more of impervious surface on a site used for a single-family house, regardless of whether a building permit or grading permit is required. Such project is subject to City Council Policy No. 6-29, entitled City Council Policy on Post Construction Urban Runoff Management. The project is also subject to the administrative procedures set forth in this part unless the project otherwise requires a public hearing.

D. No single-family house permit is required under Subsection B. above if any of the following applicable criteria and conditions is met:

1. The issuance of the building permit will result in a single-family house in any residential district with a floor area ratio equal to or less than forty-five hundredths or height equal to or less than thirty feet and/or equal to or less than two stories; or the site is not an historic resource listed on the historic resources inventory pursuant to Chapter 13.48 of Title 13 of this Code, unless allowed pursuant to the provisions of Part 8, Part 9, and Part 9.5 of Chapter 20.30.

2. The site is located in a planned development zoning district. All construction in a planned development zoning district shall be governed by the provisions of Part 8 of this Chapter that may require issuance of a Planned Development Permit for the review of any single-family house construction, addition, or alteration.

3. The issuance of building permits is for exterior alterations or maintenance of an existing single-family house for which alterations or maintenance:

a. Would not expand the exterior footprint or increase the overall square footage of the existing single-family house or result in height that is greater than thirty feet and/or greater than two stories; and

b. Meet the development regulations of the R-1-8 residential zoning district; and

c. If the house is listed as a historic resource on the City's historic resources inventory, would solely repair pieces of existing features on a single-family house that is a historic resource, but is not a City landmark or located in a City landmark historic district, with like materials of the same size, shape, pattern and substance and in a manner that fully conforms to approved design guidelines.

4. The single-family houses are approved with a single Site Development Permit issued pursuant to Part 5 of this Chapter. A Site Development Permit may be approved if the site is located:

a. In an R-1 residential zoning district; and

b. Includes construction of more than five (5) new single-family houses, unless allowed pursuant to the ministerial approval provisions of Section 20.195.440 of Chapter 20.195.

5. The issuance of building permits will result in a single-family house in any residential zoning district with a floor area ratio equal to or less than forty-five hundredths and a height greater than thirty feet and/or two stories, provided that all of the following additional criteria or conditions are met:

a. The proposed house will be located on a site within a flood zone with a one hundred-year flood depth that requires elevation of the first finished floor of the proposed house to a height of at least five (5) feet above grade; and

b. The height of the proposed house will be equal to or less than thirty (30) feet plus the required one hundred-year flood depth elevation or the maximum height of the residential zoning district in which the proposed house will be located, whichever height is less; and

c. The site is not an historic resource listed on the historic resources inventory pursuant to Chapter 13.48 of Title 13 of this Code.

d. Notwithstanding the above provisions, the floor area ratio established in Parts 8, 9 and 9.5 of Chapter 20.30 is pursuant to provisions specific to those Code Sections.

6. The issuance of building permits is for a solar photovoltaic system mounted on the surface of a single-family house in a manner that conforms with the provisions of this Title.

E. If the site is a historic resource listed on the historic resources inventory of the City pursuant to Chapter 13.48 of Title 13 of this Code and the site is a City landmark house and/or a house located in a City landmark historic district, then all work performed on a City landmark or in a City landmark historic district shall be governed by the provisions of Chapter 13.48 of Part 3 of Title 13 of this Code that require issuance of a historic preservation permit. No single-family house permit shall approve work performed on a City landmark house or a house located in a City landmark historic district.

(Ords. 26248, 26455, 27076, 27279, 27378, 28320, 29785, 30603, 30906, 31298.)

A. Issuance of a single-family house permit subject to the administrative procedures set forth in this Part is required if the issuance of a building permit will result in a single-family house that is a historic resource, but is not a City landmark or located in a City historic district, with a floor area ratio equal to or less than forty-five hundredths, unless allowed pursuant to the provisions of Part 9.5 of Chapter 20.30 or if the issuance of a building permit is for minor modifications involving incidental enlargement, reconstruction, replacement, repair, remodeling, rehabilitation, restoration and/or exterior alteration of a historic resource, that fully conforms to approved design guidelines, and does not affect the historic significance or character, use, intensity, architectural style, circulation or other site function of the property.

B. Issuance of a single-family house permit is subject to the administrative procedures set forth in this Part, if the issuance of the building permit will result in a single-family house with a floor area ratio greater than forty-five hundredths but equal to or less than sixty-five hundredths, unless allowed pursuant to the provisions of Part 8, Part 9, and Part 9.5 of Chapter 20.30, and all of the following applicable criteria are met:

1. Building permit does not authorize removal of more than fifty percent (50%) of the exterior walls of an existing house;

2. Building permit is for an addition to an existing house and the addition is for either one or both of the following:

3. A single story and ground floor addition; and/or

4. A second-story addition which results in a second story which is no larger than sixty percent (60%) of existing first floor area and which is set back ten feet from the required front setback;

5. A first-story or second-story infill addition into an existing space within a house constructed prior to requirement to obtain a single-family house permit for certain single-family construction.

6. Building permit does not authorize the enclosure or net loss of ten percent (10%) or more of an existing porch;

7. Building permit authorizes an attached garage only if the houses on each side of the subject lot have existing attached garages;

8. Building permit requires the roofline, materials, trim and decoration details of the new construction to be the same as that on the existing house;

9. Building permit authorizes alteration to a single-family house that is a historic resource but is not a City landmark or located in a City landmark historic district, which alterations fully conform to or exceed approved design guidelines.

C. Subject to the provisions of Section 20.100.1030, if the issuance of a building permit will result in a single-family house with a floor area ratio greater than forty-five hundredths and all the applicable criteria of either Subsection 20.100.1040 A or 20.100.1040 B are not met, issuance of a single-family house permit shall be subject to the Director public hearing procedures set forth in this Part, unless allowed pursuant to the provisions of Part 8, Part 9, and Part 9.5 of Chapter 20.30.

(Ords. 26248, 26455, 27076, 27279, 27378, 29785, 30133, 30516, 30603, 31298.)

Subject to the provisions of Section 20.100.1030 A.5, if the issuance of a building permit will authorize new construction greater than thirty feet high and/or two stories tall, the single-family house permit is subject to the director public hearing procedures set forth in this part.

(Ords. 26248, 27076, 27279, 29785, 30516, 30603.)

For any application for a single-family house permit which is subject to the administrative approval procedures:

A. The director may, in the director's sole discretion, approve an administrative level single-family house permit.

B. The decision is an administrative determination and requires no hearing or notice.

C. The action of the director is final. If the application is denied, nothing in this section shall preclude the applicant from filing an application for a director approval pursuant to this part.

(Ords. 26248, 27076, 30603.)

For any application for a single-family house permit which is subject to the director public hearing procedures:

A. Upon finding an application for a single-family house permit completed pursuant to Part 1 of this chapter, the director shall review the application and shall set a public hearing on the application.

B. The director shall cause notice of the time and place, at which all persons may appear before the director and be heard, to be given in accordance with Section 20.100.190.

C. The director, or planning commission on appeal, may approve, conditionally approve, or deny the application only upon making the findings set forth in this part.

(Ords. 26248, 27076, 30603.)

Any action taken by the director under this part may be appealed to the planning commission by filing with the director a written notice of appeal within ten calendar days after a copy of the decision of the director has been placed in the mail to the applicant. The applicant or any property owner or tenant of property within three hundred feet of the subject site may file such a notice of appeal. When such notice has been accepted by the director for filing:

A. The director shall set a date for the public hearing before the planning commission.

B. The director shall cause notice of the time and place, at which all persons may appear before the director and be heard, to be given in accordance with Section 20.100.190.

C. The decision of the planning commission shall be mailed to the applicant, at the address shown on the application, and to all persons eligible to appeal who have requested such notice pursuant to Section 20.100.200.

(Ords. 26248, 27076, 29785, 30603.)

A. The director, or planning commission on appeal, shall grant the single-family house permit only after making the following applicable findings:

1. The interrelationship between the orientation, location, and elevations of proposed buildings and structures and other uses on-site are mutually compatible and aesthetically harmonious.

2. The orientation, location and elevation of the proposed buildings and structures and other uses on the site are compatible with and are aesthetically harmonious with adjacent development or the character of the neighborhood.

3. The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties.

4. For projects that require a single-family house permit under Section 20.100.1030 A. of this part, the director, or the planning commission, as set forth in Table 20-260, shall grant the single-family house permit after review of project design, only if the director or the planning commission finds that the project complies with Title 18, Chapter 18.40 of this Code.

5. For projects that require a single-family house permit under Section 20.100.1030 C. of this part, the director shall grant the single-family permit only if the director finds that the project complies with Chapter 20.95 of this Code.

B. The director, or planning commission on appeal shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ords. 26248, 27076, 29785, 30603, 30906.)

A. Notwithstanding any contrary provision of this part, no single-family house permit shall be required for the construction of a single-family house if:

1. A special use permit for demolition of an existing single-family house was approved prior to December 31, 2000; and

2. Plans for the replacement single-family house were submitted as part of the special use permit application; and

3. Building permits are obtained prior to December 31, 2000.

B. Construction of the single-family house shall be in conformance with the plans submitted as part of the special use permit application.

C. If an appeal of a special use permit is heard after the effective date of this part, the plans for the replacement dwelling may be evaluated and considered as part of the appeal. The planning commission on appeal shall approve the plans for the replacement single-family home.

(Ords. 26248, 27076, 30603.)

Notwithstanding any contrary provision of this part, no single-family house permit shall be required for the construction of a single-family house(s) if:

A. The single-family house is situated on a lot created by a final map for twenty-five or more lots in an R-1 residential zoning district which was approved after January 1, 1999, and prior to the effective date of this part; and

B. Building permits for the single-family house(s) are issued prior to December 31, 2000.

(Ords. 26248, 27076, 30603.)