How to Navigate Zoning Laws for Your ADU or Garage Conversion

Accessory Dwelling Units (ADUs), also known as garage conversions, in-law suites, granny flats, or backyard cottages, have become increasingly popular in California. These additional living spaces offer homeowners versatile solutions for extended family housing, rental income, or personal use. However, navigating the zoning laws and regulations for ADU construction can be complex. Misunderstandings or oversights can lead to delays, fines, or even legal issues. This guide provides a comprehensive overview of the key regulations and requirements you need to understand to ensure your ADU or garage conversion project in San Jose complies with all applicable laws.

San Jose Zoning Laws and ADU Regulations

San Jose is a leader in promoting ADUs as a solution to the city's housing challenges. Here's what you need to know about the city's ADU regulations and zoning laws:

Zoning and Eligibility for ADUs

In San Jose, ADUs/garage conversions are permitted on properties zoned for single-family or multi-family use. This includes properties with the following zoning codes:

• R-1: Most single-family homes.
• R-2 and R-M: Duplexes and multi-family homes.
• PD: Planned developments.

If your property falls under one of these zoning categories, it is eligible for ADU construction. However, special considerations may apply if your property is in a historic district or subject to additional local overlays.

Understanding ADU Types and Definitions

San Jose permits two types of ADUs:

• 1.Standard ADUs: Can be detached, attached, or converted from existing structures.
• 2.Junior ADUs (JADUs): Smaller units (max 500 sq. ft.) converted from existing living space within the primary residence.

Standard ADUs must be equipped with independent living facilities, including:

• Living Area: A space designated for daily activities, such as a living room.
• Sleeping Area: A designated bedroom or sleeping space.
• Sanitation Facilities: A bathroom with a toilet, sink, and shower or bathtub.
• Cooking Facilities: A kitchen equipped with a sink with running water, countertops, cabinetry, a refrigerator, and a permanent range or cooktop that doesn't exceed 120V or use natural/propane gas.

Number of Units

The number of ADUs you can build on your property depends on how your lot is zoned:

• Single-Family Zoned Lots: May add one ADU and one JADU.
• Duplex Zoned Lots: May be allowed to add up to two detached ADUs.
• Multifamily Zoned Lots: May qualify for attached ADUs equivalent to up to 25% of the existing units (e.g., a building with 12 units may qualify for three attached ADUs).

Building Size and Height

Maximum building size and height are determined by your lot size, zoning, and ADU type:

• For Single-Family Zoned Lots (up to 9,000 sq. ft.): Detached ADUs can be up to 1,000 sq. ft. and attached ADUs can be up to 800 sq. ft. or 50% of the primary residence, not exceeding 1,000 sq. ft.
• For Larger Lots (9,000 sq. ft. and greater): Detached ADUs can be up to 1,200 sq. ft., and attached ADUs have the same limits as smaller lots.
• For Lots with Existing JADUs: Detached ADUs are limited to 800 sq. ft., and attached ADUs are not allowed if a JADU exists.

The maximum height for ADUs on single-family lots is generally 18 feet for single-story units and 24 feet for two-story units. On duplex or multifamily lots, detached ADUs are limited to 16 feet in height, and attached ADUs must maintain the existing structure's height.

Setbacks

Setback requirements are determined by the zoning and type of ADU:

• For Single-Family Lots: Detached ADUs must be set back at least 45 feet from the front property line, with rear and side setbacks of less than 3 feet potentially subject to fire mitigation measures. Second-story ADUs or new ADUs that cover more than 40% of the rear yard must be set back 4 feet from rear and side property lines.
• For Duplex or Multifamily Lots: Detached ADUs must be located in the rear yard or at least 45 feet from the front property line. Second-story ADUs must also have a 4-foot setback from rear and side property lines.

Owner-Occupancy and Rental Regulations

From January 1, 2020, to January 1, 2025, San Jose has waived the owner-occupancy requirement for ADUs, presenting a unique opportunity for rental property owners. While this relaxation facilitates ADU development, it's crucial to remember that:

• Long-Term Rentals: Only rentals of 30 days or more are permitted.
• Short-Term Rentals: Rentals of less than 30 days are prohibited under current regulations.

These rules are designed to ensure that ADUs contribute to the long-term housing stock in San Jose, rather than being used primarily for short-term lodging.

Overcoming Common Challenges

Navigating zoning laws for ADUs and garage conversions can present several challenges. For instance, homeowners may face issues related to parking, neighborhood opposition, or compliance with historic preservation requirements. Here are some strategies to overcome these challenges:

• Parking: If your project does not meet the parking exemption criteria, consider creative solutions such as shared parking arrangements with neighbors or utilizing available public parking options.
• Neighborhood Opposition: Engage with your neighbors early in the process to address any concerns they might have. This proactive approach can help you gain their support and avoid potential delays.
• Historic Preservation Compliance: If your property is in a historic district, consult with local preservation authorities to ensure your ADU design is compatible with the historical character of the neighborhood.

Navigating the Permit Approval Process

It takes a thorough grasp of both local and state laws to successfully navigate San Jose's ADU regulations. By staying informed and working closely with experienced contractors and local officials, you can ensure that your ADU project not only meets all legal requirements but also enhances your property's value.

Consult with a Local Contractor

It can be difficult to navigate the complexities of zoning laws and regulations for your garage conversion or ADU. Even with a clear understanding of the requirements, the process can be time-consuming and intricate. To ensure your project is compliant and avoids costly delays, consider consulting with a local contractor who has experience in San Jose's specific zoning laws and building codes. Future Vision Remodeling has extensive experience in ADU and garage conversion projects throughout San Jose and can help ensure your project meets all local regulations. Contact us today to learn how we can help you create the perfect ADU for your property.