Are you considering building an Accessory Dwelling Unit (ADU) on your property in San Jose? This comprehensive checklist will help you navigate the process, ensuring your project complies with local zoning and building codes. Here, we'll cover the key questions and answers to guide you through the initial stages of planning and permitting your ADU.
Section A: Properties That Qualify
This section determines whether your property is eligible for an ADU. It covers zoning designations and property types that can accommodate ADUs. Understanding these qualifications is crucial as it forms the foundation for your ADU project.
01. Zoning
- Question: Is the property in a residential zone (R-1, R-2, R-M, or PD) or in a specific General Plan designation such as Residential Neighborhood, Mixed-Use Neighborhood, Urban Residential, etc.?
- Outcome: If not, an ADU is not allowed. If yes, single-family properties can have one ADU and one JADU, while duplexes or multifamily lots can have up to two detached ADUs, with additional allowances for attached ADUs.
- Explanation: This ensures that your property is correctly zoned for ADU development.
Section B: Property Designations
This section evaluates specific property characteristics such as easements, historic designations, geohazard zones, and flood zones. These factors can significantly influence the feasibility and design requirements of your ADU project.
02. Easements
- Question: Does the property have a dedicated easement?
- Outcome: If yes, construction may be restricted within the easement area.
- Explanation: Easements can limit where you can build on your property, affecting ADU placement.
03. Historic Designation
- Question: Is the property located in a Historic District?
- Outcome: If yes, simplified design standards apply, and consultation with a Planner is recommended.
- Explanation: Historic designations often come with additional design standards to preserve the character of the area.
04. Geohazard Zone
- Question: Is the property in a designated geohazard or landslide zone?
- Outcome: If yes, a Geologic Hazard Clearance is required.
- Explanation: Building in geohazard zones requires extra precautions to ensure safety.
05. Flood Zones
- Question: Is the property in Flood Zones A, AE, AH, or AO?
- Outcome: If yes, specific flood zone design requirements must be followed.
- Explanation: Properties in flood zones need to meet additional requirements to mitigate flood risks.
Section C: Development Standards
This section outlines the specific development standards your ADU must meet. It includes guidelines on location, size, setbacks, height, sleeping areas, and other structural requirements to ensure your ADU complies with local building codes.
06. Location Requirements
- Question: Is your proposed ADU located according to the specific requirements for single-family or multifamily properties?
- Outcome: If yes, the location complies. If no, the plans will not be approved.
- Explanation: Proper placement of your ADU ensures it meets zoning requirements and does not disrupt the neighborhood layout.
07. Size Limits
- Question: Is the size of the proposed ADU within the maximum limits?
- Outcome: If yes, the size complies. If no, the plans will not be approved.
- Explanation: Size limitations help maintain the balance between the primary residence and the ADU.
08. Setbacks
- Question: Does your proposed ADU comply with the setback requirements?
- Outcome: If yes, the setbacks comply. If no, the plans will not be approved.
- Explanation: Setbacks are necessary to ensure sufficient space between buildings and property lines for safety and privacy.
09. Height Limits
- Question: Does your proposed ADU comply with height limitations?
- Outcome: If yes, the height complies. If no, the plans will not be approved.
- Explanation: Height limits prevent the ADU from overshadowing neighboring properties and maintain aesthetic consistency.
10. Sleeping Area
- Question: Does the sleeping area or bedroom comply with the standards (up to two bedrooms, max size 400 sq. ft.)?
- Outcome: If yes, the layout is allowed. If no, the plans will not be approved.
- Explanation: These standards ensure the ADU provides adequate but not excessive living space.
11. Kitchen, Bathroom, Storage
- Question: Does your ADU comply with requirements for kitchens, bathrooms, and storage?
- Outcome: If yes, the design complies. If no, the plans will not be approved.
- Explanation: Proper facilities are essential for the ADU to be functional and comfortable.
12. Second Story Window Sill Height
- Question: Are window sills on the second story at least 5 feet from the floor near rear and side property lines?
- Outcome: If yes, the design complies. If no, the plans will not be approved.
- Explanation: This rule is for privacy and safety, ensuring windows do not overlook neighboring properties too closely.
13. Parking Requirements
- Question: Does your ADU provide a parking space or qualify for an exemption?
- Outcome: If yes, the project complies. If no, the plans will not be approved.
- Explanation: Adequate parking is necessary to accommodate the additional dwelling unit without overburdening street parking.
Section D: Fire Safety & Emergency Access
This section ensures your ADU meets fire safety regulations and provides adequate emergency access. Compliance with these requirements is essential for the safety of the occupants and the overall neighborhood.
14. Fire Sprinklers
- Question: Is the primary residence protected by fire sprinklers?
- Outcome: If yes, the ADU must also have a fire sprinkler system.
- Explanation: Fire sprinklers enhance safety by providing automatic fire suppression.
15. Fire Sprinklers and Attached ADUs
- Question: Is the attached ADU greater than 500 sq. ft. and does the overall area exceed 3,600 sq. ft.?
- Outcome: If yes, the entire house and ADU require fire sprinklers.
- Explanation: Larger ADUs increase the fire load, necessitating comprehensive fire safety measures.
16. ADU Address
- Question: Does the ADU have its own address that is visible from the street?
- Outcome: If no, an address must be assigned and clearly displayed.
- Explanation: A visible address ensures emergency services can locate the ADU quickly in case of an emergency.
17. ADU Access
- Question: Is the distance from the street curb to the ADU within 200 feet along a clear path?
- Outcome: If no, a Fire Variance may be required.
- Explanation: Easy access is crucial for emergency personnel to reach the ADU promptly.
18. Hydrant Proximity
- Question: Are all exterior walls within 600 feet of a fire hydrant?
- Outcome: If no, a Fire Variance may be required.
- Explanation: Proximity to a fire hydrant ensures an adequate water supply for firefighting.
19. Hydrant Water Flow
- Question: Is the minimum flow from the closest hydrant 1,000 gpm at 20 psi?
- Outcome: If no, additional fire safety measures may be necessary.
- Explanation: Sufficient water flow is necessary to effectively combat fires in the ADU.
Section E: Miscellaneous
This section covers additional considerations such as tree removal and other miscellaneous requirements that might impact your ADU project.
20. Tree Removal
- Question: Will constructing an ADU require removing an ordinance-size or heritage tree?
- Outcome: If yes, you must comply with the City's tree removal rules.
- Explanation: Protecting significant trees helps preserve the local environment and aesthetic.
Need Help?
For more detailed guidance and to ensure your project complies with all requirements, contact the ADU Ally at adu.ally@sanjoseca.gov or 408-793-5302.
Building an ADU can be a complex process, but with this checklist, you'll be well on your way to creating a compliant and functional additional dwelling space on your property.
For more information, visit the City of San Jose's ADU resource page at https://www.sanjoseca.gov/business/development-services-permit-center/accessory-dwelling-units-adus
Assistance from SFBAYADU
SFBAYADU, with their many years of experience building in San Jose and neighboring cities, is ready to assist you in resolving both preparatory and construction tasks for your ADU project. We are focused on the end result, and our job is to ensure the process leads to the desired outcome while maintaining the expected quality. Let us help you achieve your ADU goals efficiently and effectively.