San Jose Municipal Code Part 8 Senate Bill 9 Implementation

A. This Part implements Government Code sections 68582.21 and 66411.7 as amended, 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.

(Ords. 30707, 31298.)

A. Lot design requirements:

1. Lot Frontage

a. Where fifty-five (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 thirty (30) feet of frontage on a public right-of-way and an average width of thirty (30) feet, or

b. Where thirty (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 an access corridor of either at least four (4) but no more than seven (7) feet or at least twelve (12) feet but no more than fifteen (15) feet of frontage, subject to vehicle travel lane width requirement on a public street, as required by subsection c. below.

i. Said access corridor shall maintain a width of at least four (4) feet to seven (7) feet or twelve (12) feet to fifteen (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 buildings or structures of any kind except for lawful fences and underground or overhead utilities.

c. Said access corridor width in subsection b. shall be subject to the minimum vehicle travel lane width as provided below:

Note: Travel Lane width is measured from extents of the inner edges of the lane, from center of edgeline to center of edgeline, and shall not include bike lanes, bike buffers, street parking, paved shoulders, curb or sidewalks. Where striping is not installed, street parking is presumed to have a width of seven (7) feet.

d. 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-of-way must be provided through an easement for ingress and egress and emergency access. Said easement shall have the same dimension requirements of subsection b.

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

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 four (4) but no more than seven (7) feet or at least twelve (12) feet to fifteen (15) feet in width:

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

b. The front setback area is the entire length of the four (4) but no more than seven (7) foot or at least twelve (12)-foot to fifteen (15)-foot-wide 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 (1) 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 each contain more than two (2) dwelling units, inclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units. In no case shall the City permit more than two (2) 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 (1) attached accessory dwelling unit or two (2) detached accessory dwelling units per lot.

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, 31298.)

The development regulations of the R-1 Zoning District in which the lot is located shall apply, except as modified in this Section:

A. Number of Units.

1. A maximum of two (2) main dwelling units is permitted per lot, either as two (2) one-family dwellings or one (1) two-family dwelling.

2. The total number of units shall not exceed four (4) on any undivided lot or two (2) on each subdivided lot, inclusive of Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs).

3. The units may be attached or detached, and all structures must comply with the California Building Code.

B. Height and Setbacks.

1. The maximum building height shall not exceed thirty (30) feet or two (2) stories, whichever is lower. Roof height shall be measured in accordance with Section 20.200.510 of this Code.

2. Any detached or attached two-story units located within fifteen (15) feet of the rear property line shall be limited to a maximum height of twenty-five (25) feet.

3. The minimum setbacks from all side and rear property lines shall be four (4) feet.

C. Floor Area Ratio and Lot Coverage.

1. For purposes of this Part, the maximum Floor Area Ratio for each lot shall be 0.65, calculated in accordance with Section 20.100.1020 of this Code.

2. The maximum lot coverage, calculated in accordance with Section 20.200.675 of this Code, shall not exceed the below requirements:

3. The Floor Area Ratio or lot coverage calculations shall not preclude a second dwelling unit with a maximum eight hundred (800) square feet on a lot that comprises of an existing or proposed dwelling unit.

4. Floor Area and lot coverage tabulation calculations shall apply to the entire undivided lot, irrespective of any subsequent subdivision into separate parcels.

D. Additional Standards.

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 property line and must maintain a setback of three (3) feet in any case.

E. Conversion of an Accessory Dwelling Unit. All new units shall comply with current Building and Fire Code requirements. Any conversions of an existing Accessory Dwelling Unit to a new dwelling unit greater than one thousand two hundred (1,200) square feet shall comply with fire sprinkler requirements.

(Ords. 30707, 31298.)

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 thirty (30) days or less.

C. The applicant shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the Urban Lot Split.

(Ords. 30707, 31298.)

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.

(Ords. 30786, 31298.)