San Jose Municipal Code Part 4 Specific Requirements

This Part establishes additional standards and requirements that apply to the approval of ministerial projects pursuant to applicable State housing laws.

(Ord. 31298.)

Agricultural Employee Housing pursuant to California Health and Safety Code Section 17021.8 et seq. or as amended shall conform to, in addition to Part 3, the following requirements:

A. Development Standards. All applications pursuant to this Part shall follow the requirements as follows:

1. Setbacks. Maintain setback requirements applicable to the zoning district in which the property is located.

2. Residential Uses. Any residential uses must be located at least seventy-five (75) feet from any barn, pen, or other structure that houses livestock or poultry, and fifty (50) feet from any other agricultural use.

3. Environment. No ground disturbance is allowed within one hundred (100) feet of a riparian corridor as measured from the top of the bank or vegetative edge, whichever is greater.

4. Access. The development must have access to and from a public street composed of a dustless and compacted surface with gravel or similar permeable surface, or asphalt.

B. Additional application requirements. All applications pursuant to this Part shall incorporate the following requirements:

1. Indicate the housing type and description of the total number of units and beds proposed.

2. Indicate the number of agricultural employees occupying the housing and a description of whether the housing is temporary, seasonal, or permanent.

3. A description of the agricultural workplace and employer.

4. Identification of the entity responsible for housing maintenance.

(Ord. 31298.)

State Supportive Housing pursuant to Government Code Sections 65650 et seq. and all amendments and additions thereto shall conform to, in addition to Part 3, the following requirements:

A. Application Requirements.

1. Applicant must submit documentation demonstrating that the onsite supportive services provided meet the requirements of the Supportive Housing Law.

2. If a reduction in Supportive Housing Units is requested due to the termination of project-based rental assistance or operating subsidy through no fault of the project owner, an explanation of good faith efforts by the owner to find other sources of financial support, how any change in the number of Supportive Service Units is restricted to the minimum necessary to maintain the project's financial feasibility, and how any change to the occupancy of the Supportive Housing Units is made in a manner that minimizes tenant disruption and only upon the vacancy of Supportive Housing Units.

(Ord. 31298.)

Low Barrier Navigation Center Ministerial Approval pursuant to Government Code Section 65660 et seq. and all amendments and additions thereto shall conform to, in addition to Part 3, the following requirements:

A. Application Requirements.

1. Applicant Identification. The application shall identify all owners of the real property where the Low Barrier Navigation Center is located or the person or entity with written authority of the owner(s) to apply for Ministerial Approval for a housing development.

2. The application shall include the following information:

a. A brief description of the proposed housing development including, as applicable, the total number of Low Barrier Navigation Center beds.

b. A site plan showing the location of, as applicable, Low Barrier Navigation beds, and all other dwelling units within the Low Barrier Navigation Center.

(Ord. 31298.)

Emergency Residential Shelters pursuant to Government Code Section 65583 et seq. and all amendments and additions thereto shall conform to the additional requirements established in Section 20.80.500 of Part 6 of Chapter 20.80 of this Title.

(Ord. 31298.)

A. Purpose and applicability

1. The purpose of this Section is to implement the provisions of California Government Code Sections 65852.28 and 66499.41, as amended, that require cities to allow certain subdivisions resulting in ten (10) or fewer parcels, and ten (10) or fewer residential units on the proposed lot to be subdivided, to be approved ministerially without discretionary review or public hearings.

2. Residential development may incorporate One-family dwelling units, Two-family dwelling units and/or Multifamily dwelling units to not exceed a maximum total of ten (10) units for the entire residential subdivision development project.

3. An applicant may request a waiver of a development or design standard to the extent that it physically precludes development, except that maximum height may not be waived for a project proposed on a parcel in a single-family zoning district.

4. Any housing development project that does not conform to the requirements of this Chapter or siting criteria in accordance with state law shall be subject to discretionary review.

B. Definitions.

1. "Director" means the Director of Planning, Building, and Code Enforcement.

2. "Uninhabitable" means the living space of the existing structure is damaged beyond minor to major repair, does not have fundamental services such as water, electricity, heat or plumbing, not safe, structurally unsound, unsanitary, or not fit to occupy and requires the demolition of the existing structure.

3. "Net habitable square feet" means the average of the total finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and a half (6.5) feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements, pursuant to Government Code Section 66499.41, as amended.

C. Dwelling Unit standards.

1. Utility. 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.

2. Setbacks and Height. New structures shall maintain a minimum setback of four (4) feet from all side and rear property lines that abut the adjoining properties. The dwelling unit(s) shall comply with the front setback and height requirement allowed under the existing base zoning district applicable to the lot.

3. ADUs. Accessory dwelling units shall not be allowed for housing development projects covered under this Section except for attached ADUs that conform to required standards.

4. Encroachments. Encroachments into setback areas are allowed per Chapter 20.30, however, in no case shall an encroachment be closer than three (3) feet from a side property line. Eaves are the only encroachment allowed into a rear setback and must maintain a setback of three (3) feet in any case. Additional setback requirements may apply under the Building and Fire Codes or as a result of "no-build" easements or required compliance with existing easement restrictions.

D. Additional Requirements.

1. The housing development project shall comply with the City's affordable housing requirements as set forth in Chapter 5.08.

2. Each dwelling unit shall be assigned a separate address number and shall comply with all applicable addressing requirements.

3. Issuance of a building permit is contingent on the approved tentative or parcel map and its conditions of approval. Any dedication, improvement, and sewer requirements identified in the approved tentative or parcel map or its conditions shall be addressed at the time the building permit is issued.

4. All projects that utilize this Section shall comply with the objective standards contained in the Comprehensive Land Use Plan (CLUP) for the Reid-Hillview Airport, as adopted by the Santa Clara County Airport Land Use Commission, to the extent permitted by state law.

E. Application Process.

1. If any existing housing is proposed to be demolished, the owner of the property shall sign an affidavit, in the form approved by the Director, stating that none of units proposed to be demolished were occupied by renters and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past five years on a form approved by the Director.

(Ord. 31298.)