A.

This chapter sets forth the land use and development regulations applicable to the residential zoning districts established by Section 20.10.060.

B.

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.

C.

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 to eight dwelling units per acre.

2.

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 to sixteen dwelling units per acre.

3.

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.

4.

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.

(Ords. 26248, 26455, 29011, 29821.)

A.

"Permitted" land uses are indicated by a "P" on Table 20-50.

B.

"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.

C.

"Special" uses are indicated by an "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.

D.

"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.

E.

Land uses not permitted are indicated by a "-" on Table 20-50. Land uses not listed on Table 20-50 are not permitted.

F.

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 José Municipal Code.

Table 20-50
Residential Zoning Districts Use Regulations

Notes:

1.

Only one one-family dwelling unit per lot in the R-1, R-2, R-M and R-MH districts, unless allowed pursuant to the provisions of Part 8, Part 9, or Part 9.5 of Chapter 20.30, where applicable.

2.

A maximum of two primary living units per lot, with Accessory Dwelling Units, are permitted in the R-2 district. Accessory Dwelling Units on a lot in the R-2 district may be permitted without a Development Permit in accordance with the provisions of Part 2.75.

3.

No lot may be used solely for an accessory structure or an accessory building.

4.

No driving ranges or miniature golf facilities.

5.

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.

6.

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.

7.

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 hours per day for each vending facility, but not to exceed eight hours per day per lot.

8.

Certain modifications of existing wireless facilities may be permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.

9.

Permitted or special uses allowed in the CP commercial pedestrian zoning district may be allowed with a Special Use Permit for a residential-commercial mixed use project, except that twenty-four-hour non-residential uses or conditional uses allowed in the CP commercial pedestrian zoning district require a Conditional Use Permit.

10.

May be used as Transitional Housing. Supportive housing and transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type within the same zone.

(Ords. 26248, 26388, 26455, 26456, 27468, 27797, 28284, 28320, 28791, 29011, 29122, 29254, 29546, 29678, 29821, 30190, 30290, 30353, 30422, 30480, 30516, 30696, 30786, 30984, 31298.)

In addition to the occupancy of a dwelling as a residence, the following incidental uses are permitted:

A.

The rental of rooms in a One-Family Dwelling to up to three (3) guests; in Two-Family Dwelling to up to two (2) guests, by each Family; and in a Multiple Dwelling Unit to up to two (2) guests per unit, if such use is clearly incidental to the occupancy of the dwelling unit by said Family as its own residence, and such rental is for a period of time longer than thirty (30) days and there are no more than six (6) persons living in the dwelling.

B.

Use of the dwelling, including a permitted Guesthouse, for Incidental Transient Occupancy in compliance with Part 2.5 of Chapter 20.80.

C.

State-licensed Family Day Care Home.

D.

The following non-commercial activities:

1.

A garage sale consisting of the occupants' personal property;

2.

Sale of goods hand-produced by the occupants;

3.

Sales parties held for the purpose of selling goods to invited Guests. Such parties shall be held inside a permanent structure or in the rear yard of the dwelling unit.

E.

To qualify as a non-commercial activity:

1.

No more than two (2) such sales are allowed in any calendar year;

2.

No such sale can be conducted for more than four (4) consecutive days;

3.

Such sales shall only be conducted between the hours of 9:00 a.m. and 9:00 p.m.

(Ords. 26248, 26455, 29523, 30353.)

The following restrictions apply to guesthouses:

1.

Meals and housekeeping services may be provided with the lodging, but only to resident guests.

2.

All cooking facilities must be in a single, common kitchen; no rooms shall have any cooking facilities.

3.

No services may be provided to non-residents.

4.

All required state licenses must be maintained.

5.

No more than three guest rooms may have separate external entryways.

(Ord. 26248.)

No residential use that includes the provision of services to residents may offer services to nonresidents.

(Ord. 26455.)

Wireless communications antennae are allowed in residential districts pursuant to Table 20-50 only if all of the following criteria are met:

A.

The proposed antenna is located upon a parcel with a nonresidential use; and

B.

The proposed antenna is located either:

1.

More than thirty-five feet away from the nearest residential use; or at least one foot away from the nearest residential use for every foot of monopole height, whichever distance is greater; or

2.

More than twenty feet away from the nearest residential use if the proposed antenna is mounted on an existing utility structure within a utility corridor.

(Ord. 27468.)

Wireless communications antennae of any type located on residentially zoned property with a residential use shall require a conditional use permit pursuant to the provisions of Chapter 20.100 of this title, except for certain modifications pursuant to Section 20.80.1915 of Chapter 20.80.

(Ords. 27468, 29546.)

Editor's note— Ord. No. 30353, § 3, adopted Jan. 7, 2020, repealed § 20.30.150, which pertained to secondary units and derived from Ords. 28284, 29821, 30133, 30254, 30282, and 30336.

All development in the residential zoning districts shall conform to the development regulations set forth below in Table 20-60.

Table 20-60
Residential Zoning Districts Development Standards

Notes:

1.

Refer to Part 9 of Chapter 20.100 regarding single-family house permit requirements and Section 20.200.510 regarding the definition of "height."

2.

An alternative maximum height may be established as described in Chapter 20.85. Where an alternative maximum height restriction has been established as described in Chapter 20.85, that regulation described in Chapter 20.85 shall govern and control over the provisions in this section.

3.

Refer to Section 20.200.120 regarding the definition of "basement;" refer to Section 20.200.1210 regarding the definition of "story;" and refer to Section 20.200.1220 regarding the definition of "half story."

4.

An alternative maximum height may be established as described in Chapter 20.85. Where an alternative maximum height restriction has been established as described in Chapter 20.85, that regulation described in Chapter 20.85 shall govern and control over the provisions of this section.

5.

The minimum driveway length shall also comply with the minimum setback requirements for the zoning district in which the lot is situated.

6.

Refer to section 20.30.260 for side setback exceptions in the R-M and R-MH districts.

(Ords. 26248, 29011, 29176, 29821, 30190.)

A.

Corner lot. If a lot exceeds the defined dimensions of a corner lot it cannot be considered a corner lot and hence is deemed to have two front property lines abutting the street sides, and a single rear property line and one (or more) side property line(s). The director of planning will make the final determination of where the front, side and rear property lines are of a lot where there is some question.

B.

Irregular shape lot or a lot with more than four sides. In the case of an irregular shaped lot or a lot with more than four sides where there is some question as to what are the front, side and rear property lines, there shall be at a minimum, one front property line and one rear property line. The rear property line shall be the lot line directly parallel to the front property line and of a width of at least thirty feet in length. If no such lot line exists, the director shall make the final determination as to the rear property line of such lot.

(Ord. 26248.)

In computing the depth of a rear setback area for any building, where such rear setback area opens onto an alley, one-half of such alley may be assumed to be a portion of the rear setback area.

(Ord. 26248.)

A.

Notwithstanding the provisions of Section 20.30.200, the minimum area of a lot or parcel whose area, as shown on a final subdivision map approved by the City of San José, is less than the minimum lot area required for said zoning district, but not less than three thousand square feet, shall be the area shown for such lot or parcel on such subdivision map.

B.

The minimum lot area shall not apply to SRO living unit facilities.

(Ords. 26248, 26761.)

In the R-1-8, R-1-5, R-2, and R-M Residence Districts, when lots comprising forty percent or more of the frontage on one side of a street between two intersecting streets have been developed with buildings having an average front setback with a variation in depth of not more than ten feet, but less than the minimum front setback required by Section 20.20.200, the minimum front setback applicable to such lots shall be said existing average rather than the setbacks as otherwise referenced in this title. No additional exceptions to the front setback are allowed to further reduce the front setback.

(Ords. 26248, 29011.)

Notwithstanding the provisions of Section 20.30.200, where an interior lot is situated in a R-1 or R-2 residence district, and such lot has been of record since prior to July 1, 1929, and such lot is and has been since said date less than fifty feet in width, the side setback requirements for such lot, if it is an interior lot, shall be:

1.

For one-family or two-family dwellings or uses accessory thereto, ten percent of the width of such lot in lieu of the setback established by Section 20.30.200, provided that in no case shall the side setback requirement be less than four feet; and

2.

For buildings used or intended to be used for any purpose other than a one-family or two-family use or uses accessory thereto shall have a side setback of not less than five feet.

(Ords. 26248, 29821.)

Notwithstanding the provisions of Section 20.30.200, in the R-M and R-MH residence districts, if a building situated or proposed to be situated within a lot has more than two and one-half stories, the side setback established by the provisions of Section 20.30.200 for such lot, if it is an interior lot, shall be increased one foot for each additional story above the second story. If, however, such lot shall have been of record since prior to July 1, 1929, and has a width of less than fifty feet, the side setback established by the provisions of Section 20.30.200 shall be reduced, in such instances, to ten percent of the width of such lot, but to not less than four feet.

(Ord. 26248.)

With respect to any interior or corner lot in an R-1 or R-2 residence district, and with respect to an interior lot in an R-M residence district, the rear setback may be reduced to twenty percent of the depth of such lot if the depth of such lot is less than one hundred feet and if, in addition, such lot has been of record, with such lesser depth, since prior to July 1, 1929. In no case can the rear setback be less than fifteen feet.

(Ord. 26248.)

Notwithstanding the provisions of Section 20.30.200, the rear setback for a garage that is attached to a primary dwelling unit on a corner lot in a R-1 or R-2 residence district, may be reduced to five feet where all of the following provisions are met:

A.

The portion of the garage which is situated within twenty feet of the rear lot line of said corner lot maintains a corner side setback of ten feet. Notwithstanding this provision, the garage must meet the driveway length requirement of Section 20.90.130(C); and

B.

The portion of the garage which is situated within twenty feet of the rear lot line of said corner lot does not exceed sixteen feet in height.

(Ords. 26248, 29821, 30696.)

In the R-1 residence districts, new construction of a one-family dwelling or an addition, added to an existing one-family dwelling, that is a single story or an open or enclosed patio, where the maximum height of said new construction or addition with a sloped roof as measured halfway up any slope of the roof does not exceed twelve feet, and no portion of said addition exceeds a maximum height of sixteen feet above grade, shall have a minimum rear setback of fifteen feet, provided that such addition shall not occupy more than fifty percent of the area between the minimum required rear setback as designated in Section 20.30.200 and said fifteen-foot rear setback.

(Ords. 26248, 26455, 29821, 30336.)

Where mobilehome lots rented to tenants in a mobilehome park in a R-MH residence district are proposed to be converted to separate lots or parcels, the minimum lot area and setbacks of the proposed lots or parcels may correspond to those of the mobilehome lots existing prior to the conversion.

(Ord. 26248.)

In the R-1 and R-2 residence districts, the maximum height of a chimney, weather vane or other similar architectural embellishment mounted on a building and having a horizontal cross section of no more than twenty square feet may be increased to forty feet, provided that it does not exceed the height of the building on which it is mounted by more than five feet.

(Ords. 26248, 29011, 29821.)

One-story additions, including Accessory Dwelling Units, may be erected with the same side setback as an existing structure subject to the following restrictions:

A.

No such addition shall reduce, or further diminish a nonconforming setback.

B.

The total square footage of the proposed encroachment into the nonconforming side setback shall be no more than the square footage of the existing areas encroaching within the nonconforming Side Setback Area or one hundred fifty (150) square feet in area, whichever is less.

C.

Said addition is a single-Story addition and shall not exceed twenty (20) feet in height.

D.

Only one such addition shall be Permitted.

(Ords. 26248, 29011, 29821, 30353.)

Except as otherwise expressly and specifically provided in other sections of this Title, every part of every setback area shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground, and below the surface of the ground by all buildings or structures except as follows:

A.

Sills, eaves, belt courses, cornices, canopies, and other similar architectural features may project horizontally for a distance of not more than two feet into the air space above the surface of the ground in any setback area;

B.

In the R-1-2, R-1-1 and R-1-RR districts only, sills, eaves, belt courses, cornices, canopies, and other similar architectural features may project horizontally for a distance of not more than four feet into the air space above the surface of the ground in any setback area;

C.

Any portion of a building including but not limited to bay windows, chimneys, or architectural elements that project out from the primary surface of the building facade, whether on a foundation or cantilevered, not occupying in the aggregate more than twenty percent of the length of the side of the building, may project horizontally for a distance of not more than two feet into any setback area, provided that such extensions maintain a minimum side setback of at least three feet and a minimum rear setback of at least ten feet;

D.

Tankless water heaters, heat pumps, and power inverters may project horizontally for a distance of not more than two feet into any setback area, provided such extensions maintain a minimum side setback of three feet;

E.

Wells for basement windows or stairs of up to ten feet in length each, not occupying in the aggregate more than twenty percent of the length of the side of the building on which they are located, may project horizontally for a distance of not more than two feet into the side and rear setback areas, provided that such extensions maintain a minimum side setback of three feet and a rear setback of fifteen feet;

F.

Overhead wires necessary for utility service to a building on the lot;

G.

Underground lines necessary for the sewerage, drainage, plumbing, water, gas, and electrical and other utility needs of the lot or of a building on the lot;

H.

Walks and driveways for vehicular or pedestrian access to the lot that are situated in any setback area shall not be higher than two feet above grade; and

I.

Mechanical equipment, including but not limited to, pool equipment and HVAC equipment, may be placed in the rear setback and shall maintain a five-foot setback from the rear property line, maintain a setback from the side property line a distance equal to that of the side setback requirements of the respective zoning district, and adhere to the required front setback of the respective zoning district.

(Ords. 26248, 26455, 29011, 29821, 30396, 31095, 31298.)

Unenclosed porches and stairways, if they do not extend more than three feet above surface grade may extend into a front setback area not more than five feet. Porches and stairs may be covered.

(Ords. 26248, 26455, 29821.)

The following encroachments are permitted into the air space above the surface of the ground in the rear setback area required Section 20.30.200; provided, however, that the horizontal distance, measured at any and all points between the vertical projection of any accessory building or structure (except an uncovered swimming pool, no part of which, other than diving boards, slides and ladder rails, is more than twelve inches above surface grade) and the vertical projection of such encroachments shall be not less than six feet, said permitted encroachments being as follows:

A.

In the R-M residence district, balconies, decks and corridors of the residential building if they are uncovered and unenclosed, and if the lowest part thereof is not less than eight feet above surface grade, may project horizontally for a distance of not more than five feet into the air space above the surface of the ground in the rear setback area as set for in Table 20-60. Such balconies, decks and corridors shall not be supported by nor attached to any columns or walls situate in such required rear setback area which is covered by them or be enclosed with glass, screening or walls of any kind nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to them.

B.

Fire escapes of the residential building, if they are uncovered and unenclosed, and if the lowest part thereof when in a retracted position is not less than eight feet above surface grade, may project horizontally for a distance of not more than five feet into the air space above the surface of the ground in the rear setback area required by Section 20.30.200.

C.

Eaves of the residential building and/or a roof (e.g., a patio cover) which is attached to the residential building may project horizontally for a distance of not more than four feet into the air space above the surface of the ground in the rear setback area required by other provisions of this title. Such eaves and/or such roof shall not be supported by nor attached to any columns or walls situate in such required rear setback area; nor shall any part of such required rear setback area which is covered by such eaves and/or such roof be enclosed with glass, screening or walls of any kind, nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to any part of such eaves or such roof.

D.

Eaves of the residential building and/or a roof (e.g., a patio cover) which is attached to the residential building may project for a greater distance than four feet into the air space above the surface of the ground in the rear setback area required by Section 20.30.200, provided that:

1.

Such eaves and/or such roof may cover up to, but not more than, fifteen percent of such required rear setback area;

2.

No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required rear setback area shall be less than seven feet above surface grade;

3.

No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required rear setback area shall be more than ten feet above surface grade;

4.

No part of that portion of such eaves and/or of such roof which encroaches more than four feet into such required setback area shall have a vertical thickness of more than thirty-six inches;

5.

Such eaves and/or such roof may be supported by columns which are situate in such required rear setback area, but shall not be supported by nor attached to walls which are situate in such required rear setback area;

6.

No part of such eaves nor of such roof nor of any columns supporting such eaves and/or such roof shall be closer than fifteen feet, horizontally, to the rear property line; and

7.

No part of such required rear setback area which is covered by such eaves and/or such roof shall be enclosed with glass, screening or walls of any kind nor shall any glass, screening or walls of any kind situate in such required rear setback area be attached to any part of such eaves, such roof or columns supporting such eaves and/or such roof.

(Ords. 26248, 26455.)

No unmounted camper or vehicle, other than those vehicles expressly specified and allowed under Title 17 of this Code, shall be kept, stored or parked for a period of time in excess of forty-eight consecutive hours in the front setback area of any lot or parcel situated in a residential district or containing a residential use. Such parking or storage is limited to paved surfaces.

(Ords. 26248, 26711.)

No more than fifty percent (50%) of the required front setback for any lot containing a one-family dwelling or any lot located in any R-1 residence district with a frontage width of forty (40) feet or greater shall be paved with asphalt, cement or any other impervious or pervious surface.

1.

For lots which have a frontage width less than forty (40) feet, paving in the front setback area is limited to ten (10) feet in width or fifty percent (50%) of the width of the lot an any given point, whichever is greater.

2.

Notwithstanding subsection 1, for lots which have a frontage width less than forty (40) feet, a paved area directly contiguous with, and providing primary access to, two side by side required parking spaces, may exceed the fifty percent (50%) limitation as long as it is no more than twenty-five (25) feet long and eighteen (18) feet wide.

(Ords. 26248, 30133.)

Notwithstanding any other provision of this Title to the contrary, Tiny Home on Wheels (THOW) shall be allowed on a lot consisting of One-Family Dwelling, subject to all of the following criteria:

1.

The lot does not contain a detached Accessory Dwelling Unit, except the lot may contain an attached Accessory Dwelling Unit or Junior Accessory Dwelling Unit;

2.

Only one THOW is allowed on a lot;

3.

A THOW shall be subject to ADU permitting requirements in accordance with Section 20.80.175, only if the wheels are removed and unit is attached to a conventional foundation;

4.

A THOW shall be located in the rear yard of the lot of the One-Family Dwelling with a minimum setback of four (4) feet from any interior side or rear property line and ten (10) feet from a corner property line;

5.

If the size of the rear yard is insufficient to accommodate a THOW, a THOW may be located in the interior side yard area and shall meet a minimum front setback of forty-five (45) feet from the front property line and maintain a minimum setback of four (4) feet from an interior side property line;

6.

The THOW shall be located a minimum of six (6) feet away from the One-Family Dwelling;

7.

The THOW undercarriage (wheels, axles, tongue and hitch) shall be hidden from view from the public right of way;

8.

The THOW shall be parked on a paved or alternate pad that include bumper guards, curbs, or other installations adequate to prevent movement of the THOW. The wheels and leveling or support jacks must sit on a paving surface that meet either of the following criteria:

a.

A parking area for a moveable THOW shall be paved with hard, durable asphaltic paving that is at least two inches thick after compaction, or with cement paving at least three inches thick; or

b.

Alternative paving materials may consist of porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, decomposed granite, crushed rock or gravel, plastic or concrete grid system confined on all sides and filled with gravel or grass in the voids, or other similar materials that meet the following requirements:

i.

Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of 80 mm (3.14 inches); and

ii.

Products and underlying drainage material shall be installed to meet manufacturers' specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications.

9.

No additional parking shall be required for the THOW, and displaced parking resulting from the construction of a THOW is not required to be replaced;

10.

The THOW shall be connected to electric, water, and sewer utilities with the issuance of required building permits;

11.

The THOW is not required to have sprinklers but shall meet the ANSI A119.5 or NFPA 1192 standards relating to health, fire and life-safety;

12.

The THOW shall incorporate all of the following design elements:

a.

Cladding and trim: Materials used on the exterior of the THOW shall exclude single piece composite laminates, or interlocked metal sheathing;

b.

Windows and doors: Windows shall be at least double pane glass, and include exterior trim. Windows and doors shall not have rounded corners;

c.

Roofing: Roofs shall have a minimum of a 2:12 pitch for greater than 50 percent of the roof area and not be composed of wooden shingles;

d.

Extensions. All exterior walls and roof of a THOW used shall be fixed with no slide-outs, tip-outs, nor other forms of mechanically articulating room area extensions;

e.

Mechanical equipment shall be incorporated into the structure and not be located on the roof; and

13.

The THOW shall be no greater than two stories, and shall not exceed a maximum height of 16 feet. Maximum height shall be determined in accordance with San José Municipal Code Section 20.200.510.

(Ord. 30984.)

A.

All accessory buildings and accessory structures in the residential zoning districts shall conform to the development regulations set forth below in Table 20-70.

B.

When the right column of Table 20-70 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote apply.

Table 20-70
Accessory Buildings and Structures Development Regulations

Notes:

1.

Measured from front property line which is opposite the designated side property line.

2.

On a corner lot, no accessory buildings or accessory structures, excluding fences and retaining walls, shall be built within ten feet of the side property line adjacent to a street.

3.

With respect to accessory buildings or accessory structures, where any such building or structure is proposed to be constructed on a corner lot which abuts upon a key lot which is for residential use, such building or structure shall be set back not less than four feet from the rear lot line of such lot, provided that the setback for swimming pools shall not, in any event, be reduced to less than five feet.

4.

Maximum height of two feet measured from existing grade, unless a greater height is otherwise approved with a Special Use Permit, pursuant to Chapter 20.100, Part 7.

5.

The size of an individual accessory building or accessory structure or the total aggregate square footage of all accessory buildings and accessory structures built on any property may be increased to exceed six hundred fifty square feet only pursuant to a special use permit, as provided for in Chapter 20.100 of this Title.

6.

For purposes of this Section, the calculation of square footage shall not include any square footage of an accessory building or accessory structure that is entirely below grade.

7.

Per Section 20.200.020, an accessory building shall not contain living space or sleeping quarters, and shall be limited to two plumbing connections to serve an appliance or fixture, and unconditioned space as defined in Title 24 of the San José Municipal Code.

8.

Increased setbacks may be required based upon fire and life safety requirements in this Code.

(Ords. 26248, 28320, 28448, 29011, 29821, 30282, 30696, 31095.)

A.

The cumulative total of the rear yard covered by any part of accessory buildings and accessory structures (not including built-in swimming pools) built in the rear yard shall not exceed 40% (forty percent), of which accessory buildings cannot exceed 30% (thirty percent). For the purposes of this Section, eave projections of up to two feet will not be counted towards rear yard coverage for an accessory building and accessory structure.

B.

The cumulative total of the rear yard covered by any part of a built-in swimming pool shall not exceed 60% (sixty percent). In calculating the maximum allowable rear yard coverage for a built-in swimming pool, the cumulative total of any part of any accessory building(s) and structure(s) shall be added to the area of the built-in swimming pool.

(Ords. 26248, 31095.)

The horizontal distance between any and all points between the building walls of any accessory building and the building walls of any other building on the property including any other accessory building(s) shall not be less than six feet. Eaves may be closer than six feet but will have to meet any applicable building code regulations.

(Ords. 26248, 28448.)

A.

Notwithstanding Section 20.30.500, in the R-1, R-2 and R-M residence districts, the maximum height of an accessory building or structure with a sloped roof may exceed twelve feet provided the height halfway up any slope of a pitched, gable or hip roof does not exceed twelve feet and no portion of the accessory building exceeds a maximum height of sixteen feet.

B.

Notwithstanding any other provision of this part, the maximum height of a solar photovoltaic system mounted on an accessory building may exceed the maximum height allowed by Section 20.30.500 and Section 20.30.530 A if the solar photovoltaic system conforms to the following criteria:

1.

The solar photovoltaic system is mounted on an accessory building in a manner that conforms to the height requirements of a roof on that structure; or

2.

The solar photovoltaic system is mounted on an accessory building and no portion of the solar photovoltaic system extends more than five feet above the height of the existing roof and no portion of the solar photovoltaic system exceeds a maximum height of twenty-one feet.

(Ords. 28320, 29821, 30696.)

All fences on lots with a single one-family dwelling in any zoning district shall conform to the development regulations set forth below in Table 20-80. Fences which comply with these requirements do not require approval from the director. No fence may be erected or constructed which exceeds the height specified in Table 20-80 except as specifically allowed by a variance or in conformance with this title. All other fencing shall require approval from the director.

Table 20-80
Fence Regulations R-1 Residence Districts

(Ords. 26248, 30373.)

For purposes of this chapter, the measurement of fence height shall be measured from the grade of the public right-of-way, and from existing grade in the case of all other property lines.

(Ord. 26248.)

When the difference in grade along a common property line exceeds two feet, any fence along the common property line shall not exceed more than six feet in height.

(Ord. 26248.)

Support posts or columns, not exceeding four feet in height and eighteen inches in width, and gates and trellises used for pedestrian purposes, not exceeding eight feet in height and five feet in length shall be permitted, provided such entry is at least fifteen feet away from an intersection.

(Ord. 26248.)

The following materials and fence types are prohibited from use on any parcel of property in the city that is used for residential purposes and is not subject to a development permit:

1.

Barbed wire

2.

Razor wire

3.

Electric fences

4.

Glass

5.

Other sharp materials

(Ord. 26248.)

Swimming and wading pools are required to meet the fencing requirements found in Title 17 of the San José Municipal Code and/or as amended by state law.

(Ord. 26248.)

A.

In the R-1, R-2, R-M, and R-MH residential districts, no primary, secondary, incidental or conditional use or activity related thereto shall be conducted or permitted:

1.

In a manner that causes or results in the harmful discharge of any waste materials into or upon the ground, into or within any sanitary or storm sewer system, into or within any water system or water, or into the atmosphere; or

2.

In a manner that constitutes a menace to persons or property or in a manner that is dangerous, obnoxious, or offensive by reason of the creation of a fire, explosion, or other physical hazard, or by reason of air pollution, odor, smoke, noise, dust, vibration, radiation, or fumes; or

3.

In a manner that creates a public or private nuisance.

B.

Without limiting the generality of the preceding subsection, the following specific standards shall apply in the residential zoning districts:

1.

Air Pollution. Total emissions from any use or combination of uses on a site shall not exceed the emissions and health risk thresholds as established by the director of planning.

2.

Noise. The sound pressure level generated by any use or combination of uses on a property shall not exceed the decibel levels indicated in Table 20-85 at any property line, except upon issuance and in compliance with a special use permit as provided in Chapter 20.100.

Table 20-85
Noise Standards

3.

Vibration. There shall be no activity on any site that causes ground vibration that is perceptible without instruments at the property line of the site.

(Ords. 26388, 26456, 26505, 29821.)

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.)

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.)

A.

This Part is enacted to establish objective design standards for streamlined ministerial development of up to two (2) one-family dwellings or one (1) two-family dwelling on a single lot located within R-1 or R-2 Zoning Districts, for properties of lesser significance listed on the San José Historic Resources Inventory. This requirement would exclude historical resources that are listed or determined eligible for listing on the National Register of Historic Places, California Register of Historic Resources, and/or the San José Historic Resources Inventory as a City Landmark or Historic District or Candidate City Landmark which are eligible for two-unit development under Sections 20.30.865 and 20.30.866 with the issuance of a Single Family House Permit or Historic Preservation Permit.

B.

If a property of lesser significance (such as property in a Conservation Area) listed in the Historic Resources Inventory is also classified as a historical resource (listed or determined eligible for listing on the National Register of Historic Places, California Register of Historic Resources and/or, the San José Historic Resources Inventory as a City Landmark or Historic District or Candidate City Landmark), then the property is not considered one of lesser significance. Section 20.30.866 would apply, or Section 20.30.865 if the property is also a designated City Landmark, and the project shall not be processed using the streamlined ministerial development process and objective design standards.

C.

Lot splits are not permitted on properties of lesser significance listed on the San José Historic Resources Inventory and located within the R-1 and R-2 Zoning Districts when they conform with Section 20.30.863.

(Ord. 31298.)

This Section establishes objective design standards to allow two (2) one-family dwellings or one (1) two-family dwelling on properties located within R-1 Zoning District or R-2 Zoning District as established in Section 20.30.860.

A.

Demolition. New dwelling units shall not result in the demolition of more than twenty-five percent (25%) demolition of the exterior wall/s of an existing one-family dwelling unit on site and shall be limited to side and/or the rear wall or side wall not visible from the public right-of-way.

B.

Facade Preservation. New dwelling units shall not physically alter or modify existing one-family dwelling unit facades visible from the public right-of-way.

C.

Exterior Materials. Primary exterior materials of new dwelling units shall match in type and finish the primary exterior cladding and roofing materials of the existing dwelling unit or new materials demonstrate a similar level of visual weight, surface texture, reflectivity, and color value when viewed from the public right-of-way, with the exception of non-contributing buildings in a Conservation Area where materials shall match in type and visible finish those found on at least sixty percent (60%) of contributing buildings in the Conservation Area within two hundred (200) feet of the project site.

D.

Massing. New dwelling units shall be less than the height and width of the existing one-family dwelling unit and shall have rectangular building forms.

E.

Roofs. New dwelling units shall have a primary roof type that is hipped and/or gable. Flat, shed, or butterfly roofs are not permitted unless they are a defining characteristic of the existing dwelling unit or immediate context in the Conservation Area. The roof slope shall be within ±10 degrees (or ±2:12 pitch ratio) of the average roof pitch of the existing dwelling unit on site or contributing buildings in a Conservation Area within two hundred (200) feet of the property and the horizontal projection (overhang) of eaves shall be within ±20% of the average projection of the existing dwelling on site or contributing buildings in a Conservation Area within two hundred (200) feet of the property.

F.

Siting for Attached Dwelling Units. New dwelling units proposed to be attached to an existing one-family dwelling unit shall be located on the rear of that existing one-family dwelling unit.

G.

Front Setback for Detached Dwelling Units. New detached dwelling units shall be set back at least forty-five (45) feet from the front property line.

H.

Side Setback: New dwelling units shall maintain a minimum setback of four (4) feet from all side and rear interior property lines. The side of the new dwelling unit/s facing a secondary street shall be set back at least ten (10) feet from the corner property line or within ±10% of the average setback of contributing buildings within two hundred (200) feet in a Conservation Area.

I.

Windows: New dwelling units shall incorporate window height-to-width ratios that match the predominant ratios of the existing dwelling unit. Windows shall align vertically and horizontally with patterns established by the existing dwelling unit on site, and the primary window type (e.g., double-hung, casement, awning, or fixed) shall match the predominant type of the existing dwelling unit. A project may use a secondary window type only if it is consistent with the location and function of similar windows on the existing dwelling or is required by building code. Modern window types (e.g., sliding windows) are not permitted unless documented as historically appropriate for the building style of the existing dwelling unit.

J.

Site Features. Landscape, fences, walls, paving, walkways, and other site features visible from the public right-of-way that are documented in an evaluation prepared by a qualified consultant that meets the Secretary of the Interior's Professional Qualification Standards (36 CFR Part 61) as contributing to the historic character of the property shall be retained.

(Ord. 31298.)

Historical resources that are listed or determined eligible for listing on the National Register of Historic Places, California Register of Historic Resources, and/or the San José Historic Resources Inventory as a Candidate City Landmark are eligible for two unit development with conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the issuance of a Single Family House Permit under Part 9 of Chapter 20.100 of the San José Municipal Code.

If a property listed in the Historic Resources Inventory has more than one classification and one of those classifications is a designated City Landmark or property located in a City Historic District, then Section 20.30.866 would apply.

(Ord. 31298.)

Designated City landmarks and properties within a designated City Historic District are eligible for two-unit development with the issuance of a Historic Preservation Permit under Chapter 13.48 of the San José Municipal Code.

(Ord. 31298.)