Can I build a two-story ADU in San Jose?

Hello there,

Building a two-story ADU in San Jose can be a rewarding project, but navigating local regulations can indeed be a bit daunting. Let’s break down your questions and concerns step by step.

### Height Restrictions and Zoning Laws

In San Jose, the maximum height for ADUs typically depends on the location and specific zoning of your property. Generally, the height limit for detached ADUs is 16 feet, but if your ADU is within a certain distance from the main dwelling or located in certain zones, you might be allowed to go up to 24 feet. Given that you're considering a two-story structure, it’s crucial to verify the specific zoning designation of your lot. You can do this through the San Jose Planning Division's online resources or by contacting them directly.

For your detached garage, converting it into an ADU or building above is often feasible. However, the structure must meet the same height and setback requirements. You’ll need to ensure that the garage's foundation can support a second story, which might require a structural assessment.

### Setbacks

San Jose requires specific setbacks for ADUs, which are often 4 feet from the rear and side property lines. For a narrow lot like yours, these can impact the design significantly. While variance applications are possible, they can be time-consuming and not always granted. It's advisable to design your ADU to fit within these existing setback requirements to avoid delays and additional expenses.

### Impact Fees

Regarding impact fees, you are correct that for ADUs under 750 square feet, certain impact fees are waived as per California state law (AB-68), which San Jose adheres to. This waiver applies regardless of whether the ADU is single-story or two-story, as long as the total square footage remains under 750 sq ft. If your ADU exceeds this size, you will be subject to some impact fees, which can increase costs. Always verify with the local planning office as these laws are subject to updates and interpretations.

### Budget Considerations

With a budget of $250,000, you are in a reasonable range for constructing a two-story ADU in San Jose, though costs can vary. Construction costs in the area can range from $250 to $400 per square foot, depending on finishes and additional complexities like architectural designs or structural reinforcements. Be sure to factor in costs for permits, design, and potential utility upgrades.

### Timelines

The timeline for completing an ADU project can range from 12 to 24 months, depending on the complexity of your design and the permitting process. The initial planning and design phase can take 3-6 months, followed by a permitting phase of approximately 3-4 months. Construction itself could take another 6-12 months.

### Practical Tips and Common Pitfalls

1. **Design Flexibility:** Work with an architect experienced in San Jose ADUs to ensure your design maximizes space within regulatory limits.

2. **Early Engagement:** Engage with the San Jose Planning Division early. They offer pre-application meetings that can provide valuable insights and prevent costly changes later.

3. **Utility Connections:** Verify the existing utility capacity. Adding an ADU might require upgrades to your water, sewer, or electrical systems.

4. **Neighbors' Concerns:** Address potential privacy concerns from neighbors due to the height of your ADU. Thoughtful design, like strategic window placement, can mitigate these issues.

5. **Legal Advice:** Consult with a land use attorney if you plan to apply for variances or face complex zoning issues.

### Next Steps

1. **Site Analysis:** Conduct a thorough site analysis with a professional to ensure your plans align with local requirements.

2. **Architectural Plans:** Hire an architect to draft plans that meet both your needs and regulatory constraints.

3. **Engage Contractors:** Obtain multiple quotes from local contractors familiar with ADU projects in San Jose.

4. **Financial Planning:** Consider financing options like home equity lines of credit or ADU-specific loans to manage your budget effectively.

5. **Permitting:** Submit your plans to the San Jose Building Division for approval, being prepared for possible revisions.

For more information, you can visit the San Jose ADU Program website or reach out to local ADU workshops and seminars for homeowners. Best of luck with your project—your vision of a two-story ADU in San Jose is certainly achievable with the right planning and resources. If you have further questions or need clarifications, feel free to ask!

Warm regards,

[Your Name]
ADU Consultant