San Jose ADU / Granny Flat Ordinance

http://caladu.org/ordinance/San-Jose-11-15-2016a.pdf

City Clerk

CITY OF SAN JOSE, CALIFORNIA

 

Office of the City Clerk

200 East Santa Clara Street San Jose, California 95113 Telephone (408) 535-1260

FAX (408) 292-6207

STATE OF CALIFORNIA) COUNTY OF SANTA CLARA) CITY OF SAN JOSE)

I, Toni J. Taber, City Clerk & Ex-Officio Clerk of the Council of and for the City of San Jose, in said County of Santa Clara, and State of California, do hereby certify that “Ordinance No. 29821 “, the original copy of which is attached hereto, was passed for publication of title on the 15th day of November, 2016, was published in accordance with the provisions of the Charter of the City of San Jose, and was given final reading and adopted on the 29th day of November, 2016, by the following vote:

AYES: CARRASCO, HERRERA, JONES, KALRA, KHAMIS, M. NGUYEN, T. NGUYEN, OLIVERIO, PERALEZ, ROCHA; LICCARDO.

NOES: NONE.

ABSENT: NONE.

DISQUALIFIED: NONE. VACANT: NONE.

Said Ordinance is effective as of 30th day of December, 2016.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of San Jose, this 22nd day of December, 2016.

(SEAL) _ TONI J. TABER, CMC

CITY CLERK & EX-OFFICIO

CLERK OF THE CITY COUNCIL

/rmk

ORDINANCE NO. 29821

AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING TITLE 20 OF THE SAN JOSE MUNICIPAL CODE TO AMEND VARIOUS SECTIONS OF CHAPTER

20.30 ALL TO ADD MIXED RESIDENTIAL-COMMERCIAL USE AS A CONDITIONAL USE, TO ALLOW SECONDARY DWELLINGS IN THE R-2 TWO FAMILY RESIDENCE DISTRICT, TO MODIFY DEVELOPMENT STANDARDS FOR RESIDENTIAL USES INCLUDING REDUCING MINIMUM REQUIRED SETBACKS, TO DELETE MAXIMUM NUMBER OF STORIES IN THE R-M MULTIPLE RESIDENCE ZONING DISTRICT WHILE MAINTAINING MAXIMUM ALLOWABLE HEIGHT, TO CHANGE EXCEEDANCE OF DECIBEL LEVELS INDICATED IN TABLE 20-85 FROM A CONDITIONAL USE TO A SPECIAL USE, TO AMEND SECTIONS

20.30.150 AND 20.200.325 IN COMPLIANCE WITH NEWLY ADOPTED STATE LAW REGARDING SECONDARY UNITS; TO AMEND SECTION 20.90.220 OF CHAPTER 20.90 TO ALLOW REDUCTIONS IN PARKING SPACES FOR RESIDENTIAL USES IN COMPLIANCE WITH NEWLY ADOPTED STATE LAW; TO RE-NUMBER VARIOUS SECTIONS WITHIN CHAPTER 20.200 SO THAT THE SECTIONS ARE LISTED IN ALPHABETICAL ORDER; AND TO MAKE OTHER TECHNICAL, NON-SUBSTANTIVE, OR FORMATTING CHANGES WITHIN THOSE SECTIONS OF TITLE 20

WHEREAS, pursuant to Section 15168 of the CEQA Guidelines, the City of San Jose has determined that the proposed amendments to Title 20 of the San Jose Municipal Code are pursuant to, in furtherance of and within the scope of the previously approved Envision San Jose 2040 General Plan ElR, Resolution No. 76041, and Supplemental EIR to Envision San Jose General Plan EIR, Resolution No. 77617, and Addenda thereto; Downtown Strategy 2000 EIR, Resolution No. 72767, and Addenda thereto; North San Jose Development Policies EIR, Resolution No. 72768, and Addenda thereto; and Diridon Station Area Plan EIR, Resolution No. 77096 and Addenda thereto

(collectively, the “Final Program EIRs”).and does not involve new significant effects beyond those analyzed in the Final Program EIRs; and

WHEREAS, the City Council of the City of San Jose is the decision-making body for the proposed amendment to Title 20 of the San Jose Municipal Code; and

WHEREAS, this Council of the City of San Jose has considered and approves the information contained in the FEIR and related City Council Resolutions No. 76041, 77617, 72767, 72768, and 77096;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:

SECTION 1. Section 20.30.010 of Part 1 of Chapter 20.30 of Title 20 the San Jose Municipal Code is hereby amended to read as follows

20.30.010 Residential Zoning Districts

A This Chapter sets forth the land use and development regulations applicable to the Residential Zoning Districts established by Section 20.10.060.

  1. No Building, Structure, or land shall be used, and no Building or Structure shall be erected, enlarged, or structurally altered, in the R-1, R-2, R-M, and R-MH Residential Districts except as set forth in this Chapter.
  1. The purposes of the Residential Districts are as follows:
    1. R-1 Single-Family Residence District. The purpose of the Single-family Residence District is to reserve land for the construction, use and

occupancy of single-family subdivisions. The allowable density range for the R-1 districts is one (1) to eight (8) dwelling units per acre.

    1. R-2 Two-Family Residence District. The purpose of the Two-family Residence District is to reserve land for the construction, use and occupancy of single-family and two-family subdivisions. The allowable density range for the R-2 District is eight (8) to sixteen (16) dwelling units per acre.
    1. R-M Multiple Residence District. The purpose of the Multiple Residence District is to reserve land for the construction, use and occupancy of higher density residential development and higher density residential­ commercial Mixed Use development.
    1. R-MH Mobilehome Park District. The purpose of the Mobilehome Park District is to reserve land for the construction, use and occupancy of Mobilehome development.

SECTION 2. Section 20.30.100 of Part 2 of Chapter 20.30 of Title 20 the San Jose Municipal Code is hereby amended to read as follows:

20.30.100 Allowed Uses and Permit Requirements

  1. “Permitted” land uses are indicated by a “P” on Table 20-50.
  1. “Conditional” uses are indicated by a “C” on Table 20-50. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Conditional Use Permit as set forth in Chapter 20.100.
  1. “Special” uses are indicated by a “S” on Table 20-50. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a Special Use Permit as set forth in Chapter 20.100.
  1. “Restricted” land uses are indicated by an “R” on Table 20-50. These uses may occur in such designated districts, as an independent use, but only upon issuance of and in full compliance with a valid and effective Zoning Code Verification Certificate as set forth in Chapter 20.100.
  1. Land uses not Permitted are indicated by a “-” on Table 20-50. Land uses not listed on Table 20-50 are not Permitted.
  1. When the right column of Table 20-50 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote apply to the use. In addition, all uses are subject to any other applicable provision of this Title 20 and any other title of the San Jose Municipal Code.

Table 20-50 Residential Districts Land Use Regulations

Use Zoning District Applicable Sections & Notes
R-1 R-2 R-M R-MH
Residential Uses
One-Family Dwelling p p p c Note 1, Section 20.30.110
Secondary Dwelling p p Note 2, Section 20.30.150
Two-Family Dwelling p p Note 2, Section 20.30.110
Multiple Dwelling p
Guesthouse c Section 20.30.120
Mobilehome Parks p
Travel Trailer Parks c
Residential Care Facility, six (6) or fewer persons p p p p
Residential Care Facility, seven (7) or more persons c c
Residential Service Facility, six (6) or fewer persons p p p p
Residential Service Facility, seven (7) or more persons c c
Servants quarters attached to a One-Family Dwelling or attached to a garage Structure p Note 3
Sororities, fraternities and dormitories occupied exclusively (except for administrators thereof) by students attending college or other educational institutions c
Single Room Occupancy Living Unit Facility c Part 15, Chapter 20.80
Residential Accessory Uses and Improvements

Entertainment and Recreation Related

Education and Training

Child Day Care Center located on an existing School Site or as an incident to an on-site church/religious assembly use involving no Building additions or changes to the Site p p p p
Day care center c c c c
School- elementary and secondary (Public) p p p
School- elementary and secondary (Private) c c c
Public, Quasi-Public and Assembly Uses

Health and Veterinary Services

General Services

Section 20.80.11O

Transportation and Utilities

Community television antenna systems c c c c
Off-site, alternating use and alternative use parking arrangements s s s s Section 20.90.200
Parking Establishment, Off-street c c c c Section 20.90.150
Utility Facilities, excluding corporation yards, storage or repair yards and warehouses c c c c
Wireless Communication Antenna c c c c Note 9, Sections

20.30.130, 20.30.140,

20.80.1900, 20.100.1300

and 20.80.1915

Wireless Communication Antenna, Slimline Monopole s s s s Note 9, Sections

20.30.130, 20.30.140,

20.80.1900, 20.100.1300

and 20.80.1915

Wireless Communication Antenna, Building Mounted p p p p Note 9, Sections

20.30.130, 20.30.140,

20.80.1910, 20.100.1300

and 20.80.1915

Electrical Power Generation
Stand-by/Backup
Facilities that do not exceed noise or air standards s s s s Note 6
Facilities that do exceed noise or air standards
Solar Photovoltaic System p p p p Sections 20.100.610 C.7.

and 20.100.1030 A.6.

Historic Reuse
Historic Landmark Structure Reuse c c c c Part 8.5, Chapter 20.80

Notes:

    1. Only one One-Family Dwelling unit per Lot in the R-1, R-2, R-M and R-MH Districts.
    1. A maximum of two (2) Living Units per Lot are permitted in the R-2 District. A Secondary Dwelling on a Lot in the R-2 District may be Permitted without a Development Permit in accordance with the provisions of Section 20.30.150 if there is only one (1) primary Living Unit on the Lot and that primary Living Unit is a One-Family Dwelling.
    1. Only Permitted in the R-1-1 Estate Residential District.
    1. No Lot may be used solely for an Accessory Structure or an Accessory Building.
    1. No driving ranges or miniature golf facilities.
    1. Stand-by or backup generators that would not otherwise require some permit from the City (including but not limited to Building, electrical, or mechanical), and do meet the applicable noise and air standards are not subject to the Special Use Permit requirement.

    1. Allowed on School Sites, library Sites, community center Sites, church/religious assembly Sites, and other publicly accessible Sites that contain government operations including but not limited to United States Post Offices or State of California Department of Motor Vehicles offices.
    1. The activity must conform with the location and operational requirements in Section 20.80.820 of Part 10, Chapter 20.80. Allowed for up to eight (8) hours per day for each

Vending Facility, but not to exceed eight hours (8) per day per Lot.

    1. Certain modifications of existing wireless facilities may be permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.
    1. Permitted or Special Uses allowed in the GP-Commercial Pedestrian Zoning District may be allowed with a Special Use Permit for a Residential-Commercial Mixed Use Project, except that 24-Hour non-residential uses or Conditional Uses allowed in the GP-Commercial Pedestrian Zoning District require a Conditional Use Permit.

SECTION 3. Section 20.30.150 of Part 2 of Chapter 20.30 of Title 20 the San Jose Municipal Code is hereby amended to read as follows:

20.30.150 Secondary Dwellings

Notwithstanding any other provision of this Title to the contrary, Secondary Dwellings that meet all of the following criteria shall be allowed pursuant to the provisions of this Chapter:

A. Zoning District. A Secondary Dwelling that is attached to or detached from a One-Family Dwelling shall be Permitted only in the R-1 Zoning Districts, the R-2 Zoning District in accordance with the provisions of Section 20.30.100, or in Planned Development Zoning Districts that are authorized in accordance with Chapter 20.60 of this Title and that are subject to the standards and allowed uses of an R-1 Zoning District.

  1. Minimum Lot Size. The minimum Lot size on which a Secondary Dwelling shall be allowed is five thousand four hundred and forty five (5,445) square feet.
  2. Density. A Secondary Dwelling shall not be included in calculation of residential density for the purpose of determining General Plan conformance.
  1. Maximum Secondary Dwelling Floor Area. The increased floor area of an attached Secondary Dwelling shall not exceed fifty (50) percent of the existing living area of the primary dwelling._A Secondary Dwelling shall not exceed the following maximum gross floor area:

RD:MD:CER

11/2/2016

ORD. NO. 29821

    1. Six hundred (600) square feet for a Secondary Dwelling on a Lot with an area of nine thousand (9,000) square feet or less;
    1. Six hundred fifty (650) square feet for a Secondary Dwelling on a Lot with an area of greater than nine thousand (9,000) and up to ten thousand (10,000) square feet;
    1. Eight hundred (800) square feet for a Secondary Dwelling on a Lot with an area greater than ten thousand (10,000) square feet.
  1. Required Facilities. A Secondary Dwelling shall include all of the following facilities:
    1. A kitchen (including a sink, food storage, and permanent cooking facilities such as an oven and range or cooktop); and
    1. A full bathroom.
  1. Bedroom Requirement and Maximum Bedroom Area. A Secondary Dwelling is required to contain a combined sleeping and living area or one (1) bedroom and shall include no more than one (1) bedroom. The floor area of the bedroom shall not exceed four hundred (400) square feet.
  1. Bathroom Limit. A Secondary Dwelling shall contain no more than one (1) bathroom.

H. Maximum Accessory Storage Area. The total size of any closet or other enclosed storage area within the Secondary Dwelling shall not exceed sixty (60) square feet of floor area.