Can I do a lot split under SB-9 in San Jose?

Hello there!

Navigating the SB-9 regulations for lot splits can indeed be complex, especially when trying to align state guidelines with local zoning laws. Let’s break down your questions to help you understand how you might proceed with your property in San Jose.

### **Eligibility and Lot Size Considerations**

Your 7,200 sq ft lot does meet the minimum size requirement under SB-9, which allows lot splits for parcels zoned for single-family use, provided the original parcel is at least 2,400 sq ft. This makes your property eligible for a split under the state law. However, San Jose may have additional requirements or restrictions that could affect your project.

In San Jose, the lot must also comply with local zoning ordinances that might impose additional restrictions or requirements. It's crucial to verify your zoning district and any overlay zones that may apply to your property. San Jose typically updates its zoning maps and regulations to incorporate state laws, but it’s wise to confirm current zoning specifics with the San Jose Planning Department.

### **Interplay with Local Zoning Laws**

San Jose has its own nuances when it comes to implementing SB-9. While the state law facilitates two units on each lot post-split, local interpretations can influence setbacks, maximum lot coverage, and design standards. Check:

1. **Zoning Ordinance**: Review the Residential Single-Family (R-1) zoning regulations, which often apply to neighborhood lots.
2. **Historic Districts**: If your property is within a historic district, additional restrictions may apply.
3. **Infrastructure Requirements**: Ensure your lot can accommodate infrastructure demands, such as utility connections, which are mandatory for new developments.

### **Timeline for Approvals and Construction**

The process for a lot split and subsequent development under SB-9 in San Jose typically involves several phases:

1. **Pre-Application Consultation**: Before submitting a formal application, consider a pre-application meeting with the San Jose Planning Department to address specific concerns related to your property.

2. **Application Submission**: Once ready, submit a lot split application. The city aims to process SB-9 applications within 60 days, but this can vary depending on workload and complexity.

3. **Environmental and Impact Reviews**: Though SB-9 seeks to streamline processes, certain projects may still require environmental reviews, especially if the land is near sensitive habitats or within special zoning areas.

4. **Construction Permits**: After approval, obtaining construction permits can take an additional 1-3 months. Delays may occur if plans require revisions to meet codes or standards.

### **Budget and Costs**

Estimating costs accurately is crucial. For a lot split and ADU construction in San Jose, consider the following:

- **Lot Split Application Fee**: Expect to pay around $3,000 to $5,000 for application processing, depending on specific requirements and additional studies.
- **Survey and Engineering**: A professional survey and engineering services for the split could range from $5,000 to $10,000.
- **Construction Costs**: Building a new unit can vary widely, but anticipate $250 to $400 per square foot, translating to $150,000 to $300,000+ for a modest 600-800 sq ft ADU.
- **Utility Connection Fees**: These can add another $10,000 to $15,000 depending on the existing infrastructure.

### **Practical Tips and Warnings**

- **Consult Professionals Early**: Engage with architects or planners experienced in San Jose’s specific requirements early in the process to avoid costly redesigns.
- **Understand Local Community Concerns**: Neighbors' concerns can sometimes delay projects. Open communication can preemptively address these issues.
- **Monitor Legislative Updates**: Keep an eye on local legislative changes, as cities are continually adjusting their ordinances to better align with state laws.

### **Next Steps**

1. **Contact the San Jose Planning Department**: Obtain confirmation on zoning specifics and procedural requirements.
2. **Engage a Local Architect or Planner**: Someone familiar with San Jose’s process can provide invaluable assistance in navigating the permits and design requirements.
3. **Budget Planning**: Develop a comprehensive budget, including a contingency fund for unexpected expenses.

By taking these steps, you’ll be better prepared to navigate the complexities of SB-9 and move forward with your project. Good luck with your plans, and feel free to reach out if you need further clarification as you proceed!

Warm regards,

[Your Name]
ADU Consultant