STATEWIDE UPDATE: New California ADU Bills SB13, AB68, AB881, AB670 have passed. These laws will create more options for building an ADU in San Jose in 2020. To prepare for the upcoming changes use our ADU Services to learn how these laws will effect your property!
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San Jose ADU Guidelines Last Updated 11/06/19

codes

The city government of San Jose has updated its local zoning codes to comply with the State ADU mandate.
The California Building Code (CBC) 2016 is adopted with the following amendment(s): 29806, 29807
Relevant state bill updates for SB13, AB68, AB881, AB670 are shown in green below.


hintsights

City Hint: In The City of San Jose, permitting fees for ADUs have been reduced recently due to a new waiver program to incentivize housing development in the city.

City Hint: The city permitted a total of 190 ADU project(s) in the past year of 2018, which is below the average compared to other cities in California.


Zoning

Number of ADUs allowed:

One Accessory Dwelling Unit is allowed per lot.

AB68 & AB881 Update: Properties which convert existing space to create ADUs may be eligible for one ADU -AND- one JADU.

Types of ADUs allowed:

Attached ADU, detached ADU and conversion ADUs are allowed.

Lot size:

A minimum lot size of 3,000 square feet is required.

AB68 & AB881 Update: Properties will not be subject to minimum lot standards by ordinance or of the applicable zoning district.

ADU size:

The maximum ADU size is determined by lot size: (a.) Lots of 3,000 to 5,444 square feet, 600 square feet is allowed. (b.) Lots of 5,445 to 9,000 square feet, 700 square feet is allowed. (c.) Lots of 9,001 to 10,000 square feet, 800 square feet is allowed. (d.) Lots of 10,001 square feet, to Up 900 square feet is allowed.

AB68 & AB881 Update: Properties will be allowed up to 850 square feet for a one bedroom or up to 1,000 square feet for a two bedroom ADU.

Setbacks:

Same as the zoning district. Also subject to the provisions below. Single-story unit - Rear setback can be reduced to fit, if ADU occupies 50% or less of area between 5 feet and required rear setback. Above an attached garage – Rear and side setback can be 5 feet. Garage conversion - If an existing legal garage is converted to an ADU, no additional setback is required. Riparian - For a lot greater than or equal to ½ acre, a minimum 100 foot riparian setback is required.

AB68 & AB881 Update: The maximum required setback for a detached new construction ADU shall be no more than 4 feet from the rear or side property lines.

Parking:

One space in addition to the required parking spaces for the primary dwelling, unless ADU qualifies for exemptions. (The list of exemptions below)

1) The parking space must be located on a mud-free, dust free surface.

2) The parking space must be located outside of the front and side setbacks of the property, except that the parking space may be allowed in the front setback if it is located within a garage driveway apron that is a minimum of 18 feet in length

AB68 & AB881 Update: Properties which convert an existing garage will not be subject to replacement parking requirements.

Fire Safety:

Fire sprinklers are required if required in the primary home.

Shape, materials and style:

Detached units do not need to meet any specific design standards. Attached ADUs and detached ADUs on properties listed on the Historic Resources Inventory must incorporate architectural style and elements of the primary dwelling.

Height:

Attached – Same requirement as the zoning district Detached - One story, 18 feet maximum and 14 feet average (20.30.150.J.5)

Design review:

Ministerial review process. Allowed by right in accordance with zoning and building code.

Number of Bedrooms

A studio or only one bedroom, maximum 400 square feet permitted.

Ownership:

Unit is not intended for sale separate from the primary residence and may be rented. (State requirements)

SB13 Update: Owner-occupancy requirements for ADUs will be voided statewide for 5 years.

Utility connections:

Local health officer approval where a private sewage disposal system is being used, if required. (State requirements)

Permit Fees

SB13 Update: Local impact fees for ADUs will be reduced substantially statewide.

Entry

Front Door for Attached Unit cannot be on same street-facing façade as that of primary residence, unless all other locations for placing front door would require a pathway that is unobstructed, clear to the sky and extending from a street to the front door. (20.30.150.K.3)

Rear Yard Coverage:

Note that the current rule of a maximum 40% coverage of the rear yard will continue to be required.

Allowed Zones

Please refer to the following Zoning Code Section for information related to ADU's: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT20ZO_CH20.30REZODI_PT2USAL_20.30.150SEUN -- You could also review this webpage: http://www.sanjoseca.gov/documentcenter/view/78534

AB68 & AB881 Update: ADUs will be allowed statewide in all single-family or multi-family zoning districts.

Storage / Closet

Maximum of 60 square feet of closet space allowed per entire ADU.

Lot Coverage

Rear Yard Coverage

The cumulative total of the rear yard covered by detached unit, accessory buildings, and accessory structures cannot exceed 40%. (20.30.150.J.7)

Kitchen / Bath

(a) Kitchen required (sink, food storage, permanent cooking facilities)
(b) Maximum one bathroom

Location

Attached – (1) Share a wall or (2) have integral roof structure with primary residence, and separated by no more than 10 feet. (20.30.150.J.2)

Detached - (1) Must be located in the rear yard, with a 6-foot separation from the main residence. (20.30.150.J.3 & 4) (2) May be attached to detached garage, if it meets Building and Fire Code; but may not be attached to other accessory buildings.(20.30.150.J.6)

Exemptions

PARKING EXEMPTION (20.30.150.I): No additional parking shall be required for a Secondary Dwelling that meets any of the following criteria:
The Secondary Dwelling is located within one-half (1/2) mile of, and has a path of travel that is always publicly accessible to a Site containing an existing public rail-transit station or at least one (1) public bus route with a frequency-of-service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.
The Secondary Dwelling is located within a Historic District identified in the City’s Historic Resources Inventory as defined in Chapter 13.48 of Title 13 this Municipal Code.
The Secondary Dwelling is part of the existing primary residence or part of an existing Accessory Structure.
When on-Street parking permits are required but not offered to the occupant of the Secondary Dwelling.
When there is a motor vehicle that is operated as part of a regional fleet by a public agency or publicly leased motor-vehicle-sharing organization and provides hourly and daily service located within one (1) block of the Secondary Dwelling.

Residential Building Code:

The California Building Code (CBC) 2016 is adopted with the following amendment(s): 29806, 29807

San Jose City Planning Offices
Permitting

City of San Jose, Development Services Permit Center

200 E Santa Clara St., San Jose, CA San Jose, CA 95113

San Jose ADU Marketplace

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Featured Financing Program

ADU Financing

CA Statewide


Tailored to ADU construction.

Based on project size & appreciation.

Learn how to qualify.


Karyn Jones

Program Representative

Call Now (760) 496-5959

Read San Jose Housing Market Update

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A recent customer review:

"If you are not sure where to start on an ADU project, a Hausable property report gives you all the basic information you need to know where to start. Property set backs, parking requirements, square footage and height restrictions. It really helped me narrow down what was possible and help me focus as I move forward."

Peyton in Los Angeles, CA

Customer since January, 2019


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Estimate ADU Potential
Financing
Costs / ROI

APPRECIATION ESTIMATE

* upon completion of ADU

CONSTRUCTION COST ESTIMATE

* based on local average price per sqft

RENTAL ESTIMATE

* estimated by location

MORTGAGE ESTIMATE

* 30 years / 5% interest rate / 20% down payment

BASED ON LOCAL AVERAGE PROPERTY DATA & VALUE

Appreciation Estimate = (Base Value: $) / (Home's Living Space: sqft) * (ADU's Living Space: sqft)

Rental Estimate = (Rent Per Sqft: $4.18) * (ADU's Living Space: sqft)




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