San Jose Regulations

BACKYARD OFFICE REQUIREMENTS:

Permit Restrictions

• Planning Permit: Typically not required for a unit < 120 square feet with no electrical or plumbing

• The addition of electrical would require a permit and inspection

• Attached decks < 200 square feet and < 30" do not require a permit

• Building Permit: Required if the structure is > 120 square feet or has electricity

• Fire restrictions:

  • > 120 square feet & < 5 feet from the property line: one-hour fire protection walls needed on walls parallel to the property line

Setback and Height Restrictions

• Setback rules: Check the city "track map" in order to see the restrictions specific to your zone

• Unit limitations:

  • Cannot be > one story tall

  • Cannot be air-conditioned

• Yard Coverage Regulations:

  • Total maximum lot coverage of all accessory structures: 650 square feet

    • Can be overruled by a special use permit

  • Rear yard coverage:

    • With pool: maximum 60%

    • Without pool: 40%, with accessory buildings not exceeding 30%

• Maximum height: 12 feet

  • if the roof is pitched, the height halfway (at any slope) can be a maximum of 12 feet with the total maximum height at 16 feet

• Minimum separation from another structure: 6 feet

• Minimum Setback Requirements:

  • Front property line: 60 feet

  • Side property line:

    • key lot: 4 feet

    • interior lot: no requirements

  • Rear property line:

    • Key lot: 4 feet

    • Interior lot: no requirements

  • Corner lots: 9 feet from structure to the street property line

• Opening restrictions:

  • <3 from the property line: none allowed

  • 3-5 feet from the property line: 25% of the maximum allotment of openings allowed

• Overhang restrictions: must be placed > 2 feet from the property line

ADU REQUIREMENTS:

Zoning Restrictions

• All of the following zoned single-family or multi-family homes are permitted to have ADUs:

  • R-1 (most single-family homes)

  • R-2, R-M (duplexes & multi-family)

  • PD (planned development)

Setback and Height Restrictions

• Setback Requirements: Determined by zoning (check specific zone)

  • All side lots: 10 feet from street required

  • Single-family zoned homes (one-story ADU):

    • Front property line: 45 feet

    • Side property line: > 3 feet

    • Rear property line: > 3 feet

  • Single-family zoned homes (two-story or >40% of rear lot ADU):

    • Front property line: 45 feet

    • Side property line: > 4 feet

    • Rear property line: > 4 feet

  • Multi-family or duplex zoned homes (one-story ADU)

    • Must be located in the rear yard OR 45 feet from the front property line

    • 2nd story must be 4 feet from the side and rear property lines

• Height maximum is dependent on zoning:

  • Single-family zoned homes:

    • One-story ADU: 18 feet

    • Two-story ADU: 24 feet

    • One-story ADU with an existing JADU: 16 feet

  • Multi-family zoned homes: 16 feet

Other Restrictions

• Short-term rentals < 30 days are not allowed