So you’ve comes to terms with the reasons why you want to build an ADU and have a good idea of what it will cost, now what’s the next step?
Some people say grab a pencil and paper and come up with a rough drawing of your ADU, even the City’s nine-step plan to a completed ADU recommends as a first step drawing a sketch, but I disagree. I think you have to see if your property qualifies to build an ADU before you begin to dream about an ADU design.
Fortunately, San Jose has put together an ADU Universal Checklist. The checklist has twenty yes/no questions and is divided into 5 sections:
Section A: Properties That Qualify
Section B: Property Designations
Section C: Development Standards
Section D: Fire Safety And Emergency Access
Section E: Miscellaneous
I'll answer each of the twenty questions using my home as the designated property. To follow along I suggest you pull up the City’s ADU Universal Checklist found at the following link:
Section A: Properties That Qualify
Zoning: Yes, my property is zone R1-8
Section B: Property Designations
2. Easements: There are utility poles that run electricity and cable in my and my neighbors back yard.
3. Historic Designation: Yes, my property is located in a Historic District so simplified design standards apply. I need to speak with a planner at 408.535.3555
4. GeoHazard Zone: No
5. Flood Zone: No, property is located in Zone D which is excluded from requirements
Section C: Development Standards - Per Municipal Code Section 20.30.150
6. Location: Yes, I’m building a single-family detached ADU located in the rear yard no more than 128 ft from the front property line and 30 ft from the main dwelling
7. Size: Yes, I’m building an ADU that does not exceed 800 sq. ft.(640 sq. ft.) on a 9600 sq. ft. lot.
8. Setbacks: This is not clearly spelled out since I’m trying to use my existing garage which was built in 1910 right on the side and rear property lines.
The fire department says they need a 3 ft clearance around all sides of the ADU (down from 5 ft) but others have said that if you don’t increase the size of your building the old setbacks stay. I need to talk with planning to get the definitive answer.
9. Height: Yes, height for a single-story detached ADU is 18 ft. and I'm looking at a height of 15 ft.
10. Sleeping Area: Yes, single bedroom less than 400 sq. ft.
11. Kitchen, Bathroom, Storage: Yes, full kitchen, bathroom and closet less than 60 sq. ft.
12. Second Story Window Sill Height: NA since I’m building a single story ADU
13. Parking Requirements: Meet the requirements: My ADU will be located within .5 miles of a public bus stop (bus stop is located less than 100 ft away) and the ADU will be located/built in a Historic District.
Section D: Fire Safety And Emergency Access
14. Fire sprinklers. Is the primary residence protected by fire sprinklers? No
Outcome: If yes, the ADU must have a fire sprinkler system.
15. Fire sprinklers and attached ADUs. Is the project an attached ADU greater than 500 square feet AND does the overall gross floor area with the main unit exceed 3,600 square feet?
No, I’m am building a detached ADU.
16. ADU Address. Does the ADU have its own address and is the address visible and legible from the street?
No, so it looks like I have to go fill out an Address Assignment Request which requires a Site Plan drawn to scale and showing property lines, building footprint, and entrance to the building and an Addressing Fee (2-hour minimum) of $372.00.
17. ADU Access. Is the distance from the street curb of the lot to all portions of the proposed ADU no greater than 200 feet as measured along a minimum 3-foot clear path to all sides of the ADU?
The ADU will be located 140 ft from the curb in the rear yard, but again the 3 ft clear path is a problem. The garage is on the property line and my neighbor’s side fence terminates into the garage and my rear neighbor's fence is 18” from the garage wall with the garage eaves hanging over the said fence right on the property line.
Now if I apply for a variance I have to fill out a Variance Application that has a fee: 3 hours minimum at $690 per hour.
18. Hydrant Proximity. Are all exterior walls of the ADU within 600 feet of a fire hydrant?
Yes, fire hydrant is less than 300 ft from the farthest exterior wall.
19. Hydrant Water Flow. Yes
You must submit a letter from your Water Company that contains this water flow data with your building permit application.
If the flow is other than 1,000 gpm at 20 psi, Fire staff will review flow data and will evaluate if additional fire safety measures are required.
SECTION E. Miscellaneous
20. Tree Removal. Will constructing an ADU require removal of an ordinance-size or heritage tree? No
Done, so it looks like I need to take to a planner about a simplified design that meets the requirements of my historic district, an ADU address, a possible fire variance with respect to setbacks and weather I need the hydrant flow info or not.
So on we go!
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