San Jose Municipal Code Part 9 City Permitted Streamlined Implementation for Two-Unit Developments on A…

A. This Part is enacted to allow up of two (2) one-family dwellings or one (1) two-family dwelling on a single lot within the R-2 Two-Family Zoning Districts. This Part will establish objective design standards to facilitate streamlined ministerial processing wherein the applicant requests and demonstrates eligibility. The provisions of this Part expedite the construction of two (2) dwelling units on a single lot and enable ownership opportunities for residential units within San José.

B. Lot Splits within the R-2 Two-Family Zoning Districts are not permitted under this Section. Subdivision of lots shall only occur through the ministerial small-lot subdivision process established in Chapter 20.195.

C. Development pursuant to this Section is not permitted on parcels located within a flood zone, fire hazard zone, earthquake fault zone, hazardous waste site, prime farmland, or environmentally protected areas, including conservation zones and endangered species habitats.

(Ord. 31298.)

The development regulations of the base 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 main dwelling units is permitted per lot, either as two (2) one-family dwellings or one (1) two-family dwelling.

2. Dwelling units may include Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) pursuant to Government Code Section 66313 and Section 20.80.176 of this Code, as follows:

a. Where two (2) detached one-family dwellings are permitted, one (1) detached ADU, one (1) converted ADU, and one (1) JADU may also be allowed, for a maximum of five (5) units on any undivided lot.

b. Where one (1) attached two-family dwelling is permitted, up to two (2) detached ADUs and one (1) attached ADU may also be allowed, for a maximum of five (5) units on any undivided lot.

c. Dwelling units may be attached or detached, provided all structures 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 per 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 roof height of twenty-five (25) feet.

3. The minimum setbacks from all side and rear property lines shall be four (4) feet. Structures shall not be constructed on lot lines.

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.

1. 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 under any circumstance. Additional setback requirements may apply under the Building and Fire Codes or as a result of "no-build" easements or require compliance with existing easement restrictions.

2. Building Separation. The horizontal distance between any and all points between the building walls of an accessory building and the building walls of any other building on the property, including any other accessory building(s), shall comply with Building and Fire Code regulations.

E. Additional Requirements. Prior to approval of Ministerial Approval, 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.

(Ord. 31298.)

A. Applicability. This Section applies to properties within the R-2 Two-Family Zoning District that contain one (1) or more dwelling units built prior to 1950 and not listed on the San José Historic Resources Inventory.

B. Evaluation Required. As part of a permit for streamlined approval to construct an additional dwelling unit that includes the alteration and/or demolition of an existing dwelling unit built before 1950 within the R-2 Two Family Zoning District the applicant must submit a historic report prepared by a qualified historic resources consultant that meets the Secretary of the Interior's Professional Qualification Standards (36 CFR Part 61). The report shall include DPR523 series forms that document and evaluate the property for eligibility for listing in the National Register of Historic Places, the California Register of Historical Resources, and/or the San José Historic Resources Inventory as a Candidate City Landmark pursuant to the landmark significance criteria outlined in Chapter 13.48 of the San José Municipal Code.

C. Findings of Eligibility.

1. If the consultant determines the property is not eligible for listing in the National Register of Historic Places, California Register of Historic Resources, or San José Historic Resources Inventory as a Candidate City Landmark or designated City Landmark, the standards for streamlined ministerial approval established in Part 9 of Chapter 20.30 shall apply.

2. If the consultant determines the property is eligible for listing in the National Register of Historic Places, the California Register of Historic Resources, or the San José Historic Resources Inventory as a Candidate City Landmark, the construction of an additional dwelling unit shall conform to the requirements in 20.30.865 with the issuance of a Single-Family House Permit.

(Ord. 31298.)