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.

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.

(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.)

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 and power inverters may project horizontally for a distance of not more than two feet into any setback area;

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.)

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, 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.

(Ord. 30707.)

A.

Lot design requirements:

1.

Lot frontage:

a.

Where 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 30 feet of frontage on a public right-of-way and an average width of 30 feet, or

b.

Where 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 access by a corridor with at least 12 feet but no more than 15 feet of frontage on a public street.

i.

Said access corridor shall maintain a width of at least 12 feet but no more than 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 building or structures of any kind except for lawful fences and underground or overhead utilities.

c.

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.

i.

Said easement shall be a minimum 12 feet but no more than 15 feet in width for the entire length of the easement.

ii.

The length of said easement shall be at minimum the length of the required front setback of the zoning district in which the lot is situated.

iii.

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

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 12 feet to 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 12 foot to 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 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 contain more than two dwelling units, inclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units. In no case shall the city permit more than two 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 attached accessory dwelling unit or two detached accessory dwelling units per lots.

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.)

A.

The cumulative Floor Area Ratio of units that are constructed pursuant to Senate Bill 9, excluding Accessory Dwelling Units and Junior Accessory Dwelling Units, shall be limited to .45 per lot or 800 sf per unit, whichever is greater.

1.

For purposes of this Part, Floor Area Ratio and unit square footage shall be calculated per Section 20.100.1020 of this Code.

B.

Height and stories. Units created pursuant to Senate Bill 9 shall be limited to a maximum height of no greater than thirty feet and no more than two stories. A maximum height of no greater than twenty feet and one story shall be applied to units situated within twenty feet of the rearmost property line.

C.

Additional standards for dwelling units permitted under Senate Bill 9.

1.

Garage frontage limit. The cumulative linear feet of the vehicular doors to a garage or garages that are oriented to face the front property line or side corner property line shall be no wider than one half of the width of the dwelling structure to which the garage or garages are attached.

D.

Encroachments into setback areas are allowed per Chapter 20.30, however, in no case shall an encroachment be closer than three feet from a side property line. Eaves are the only encroachment allowed into a rear property line and must maintain a setback of three feet in any case.

(Ord. 30707.)

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 30 days or less.

(Ord. 30707.)

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.

(Ord. 30786.)