April 8, 2004

San Jose City Council contemplates ‘mother-in-law’ apartments

By Sheila Sanchez
Staff Writer

A proposed ordinance that would allow the construction of so-called “granny units” in 6,000-square-foot single-family lots has many Almaden Valley residents worried that the character of their neighborhoods will be destroyed.

The San Jose City Council voted unanimously to overturn the 1984 ban on second units, at their April 6 meeting.

The council requested that city planners hold community meetings before the city attorney's office draws up a draft ordinance, which is expected back before the council in August. City planners had suggested that the meetings occur after the draft ordinance was completed. The council also requested that the city planners find a way to make existing second unit structures legal.

Supporters tout the change as beneficial for families who may want build an extra house on their property for an elderly relative. Opponents believe the proposal would create extra housing units for renters in general.
Crowding, noise, and parking problems would result, opponents say. And due to these negative factors, some appraisers think there is a potential for property devaluation.

Affordable housing experts argue that city restrictions against such units are contrary to city and state policy that encourages their construction. The units are also known as secondary dwelling units, and in-law quarters.
Described as small, second dwellings on residential property with their own kitchen and bathroom facilities, they’ve been approved by several cities in the state, including San Diego and Oakland, which have adopted ordinances making it easier for homeowners to build them.

State housing officials believe more such units would help reduce the state’s housing shortage without increasing sprawl, as well as provide homeowners having trouble paying their mortgages enough money to stay in their neighborhoods.

A state law approved in 2002, AB 866, sponsored by former Los Angeles Assemblyman Rod Wright at the urging of housing advocates, requires cities to review permit requests without notifying neighbors or holding public hearings.

Wright said the law was necessary because many cities were blocking construction of such units by charging high permit fees, requiring excessive parking or holding long public reviews.

Hilda Turner, a longtime Almaden resident, says, “Adding second housing units with multiple renters would be an invasion of privacy.  Where once you had peace and quiet, now you would be faced with more congestion, noise, traffic and parking problems. The character of a residential neighborhood would certainly be affected by increased crowding and accompanying activity.”

“We’re livid,” rants another Almaden senior, who declined to be identified. “If we had somebody coming and building within 5 feet of our property or fence line and potentially putting a lot of renters there, we’re talking about the neighborhood being deteriorated.”

Almaden Valley resident Mitzi Fishman, who’s lived in the Pierce Ranch neighborhood for six years, says, “I’m not crazy about the idea. I hope the Council will listen to what property owners have to say. I know people in my neighborhood are against it.”

According to the draft ordinance, the proposed units must be 650 square feet with one bedroom and have one additional parking space, in addition to the two-covered parking spaces required for the primary unit.

The secondary units must also be built with the same materials used to build the main house, with a matching roof pitch. “Together, these two standards should help ensure that new second units complement the existing house and the surrounding neighborhood,” says the proposed ordinance.

Access to the units can’t be visible from the street and one of the two units on the property will have to be owner-occupied, to prevent the properties from becoming entirely occupied by renters.

The actual number of secondary units constructed is expected to be relatively low because of cost and the proposed location criteria, according to the draft ordinance.

San Jose District 2 Councilman Forrest Williams, who chairs the Driving a Strong Economy Committee, presided over a March 22 committee meeting in which the proposed ordinance was discussed.

“It’s a way for us to address some of the housing needs,” explains Williams about the proposed policy. “I just want to make sure the units will be quality and that they don’t detract from the neighborhood and don’t cause problems with parking.”

Williams doesn’t anticipate an onslaught of secondary units being built. “We don’t believe that (an unprecedented number will be built) based on the research we’ve done and looking at other cities that have ordinances for these units. We think we’ll get a request in the city for one or two units a year, or something like that. It will cost money to put these units in versus a return on the investment. If they’re put in, the question is, are the residents going to get the return they’re looking for?” Williams says city code allows about two people per 70 square feet of sleeping space, plus one additional person for every 50 square feet beyond that. Williams says those restrictions will apply to the secondary units, if approved. “This won’t decrease property values.”

Williams says large lots in neighborhoods located in Almaden Valley, Willow Glen and in Rose Garden could potentially house the secondary units.

The number of parcels zoned R-1 that are more than 6,000 square feet is approximately 86,000 in the city, said John Davidson, senior planner for the city’s Department of Planning, Building and Code Enforcement. “The number of units that could possibly be built on those properties is substantially less,” says Davidson.

Denelle Fedor, a spokeswoman for Vice Mayor Pat Dando, says the council will ask the city attorney to draft a formal ordinance and then schedule meetings throughout the city to get community input.

Fedor says her office has received several phone calls from District 10 residents who want more information about the ordinance. She says residents calling have not voiced opposition or support regarding the ordinance, “They just want to know more,” she says.

“This is preliminary. We’re developing the framework for discussion and then after the meeting, planning and housing will get community feedback,” stresses Fedor.

Fedor says Dando will conduct a meeting in District 10, which includes Almaden Valley, to ensure interested residents voice their concerns or comments about the ordinance. Asked whether Dando favors the change, Fedor says it’s premature to take a position on the ordinance as it’s in the preliminary stages of discussion. “The vice mayor never makes a decision until she hears from the community. It’s important for the community to share its thoughts and concerns,” adds Fedor.

Second dwelling units are not allowed in single-family neighborhoods located in what the city calls the “R-1 Residence Zoning Districts.” A secondary attached dwelling unit may be allowed in addition to a single-family house only if the property is located in a R-2 or R-M Residence Zoning District and requires a site development permit.