Accessory Structures in San Jose, CA (2026)
9 verified accessory structures rules for San Jose, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
ADU Rules
San Jose regulates ADUs and JADUs under San Jose Municipal Code §20.30.150, originally updated by the City Council in mid-2018 and amended to track state law. Detached ADUs are capped at 1,200 sq ft (on lots of 9,000 sq ft or larger; 1,000 sq ft cap on smaller lots), and JADUs at 500 sq ft within the primary single-family dwelling.
San Jose ADU Permit Requirements
Few RestrictionsADU Permits
San Jose processes ADU applications ministerially under San Jose Municipal Code Section 20.30.150 with a 60-day decision deadline mandated by California Government Code Section 65852.2. Detached new-construction ADUs are capped at 800 sq ft with a 4-foot rear and side setback. Conversions of existing space (garage, basement) face no separate setback, and attached ADUs may reach 1,200 sq ft or 50 percent of the main dwelling, whichever is less. Submittal is through the Permit Center.
ADU Permits in San Jose
Few RestrictionsADU Impact Fees
Under California Government Code Section 65852.2(f)(3) and San Jose Municipal Code Section 20.30.150, ADUs under 750 sq ft are exempt from all city impact fees including the Building and Structure Construction Tax, the Commercial-Residential-Mobile Park Tax, and park dedication fees. ADUs of 750 sq ft or larger pay impact fees prorated by floor area relative to the primary dwelling. Utility connection fees are capped for conversions of existing space.
ADU Impact Fees in San Jose
Few RestrictionsADU Owner Occupancy
Standard ADUs permitted between January 1, 2020 and January 1, 2025 carry no owner-occupancy requirement under California Government Code Section 65852.2(a)(6) and SJMC 20.30.150. AB 976 (2023) made that prohibition on owner-occupancy mandates permanent. Owners may rent both the main house and the ADU to separate long-term tenants. Junior ADUs (JADUs) up to 500 sq ft within the primary dwelling still require the owner to live on-site in either the JADU or the main house.
ADU Owner Occupancy in San Jose
Few RestrictionsADU Rental Restrictions
San Jose prohibits short-term rentals of ADUs and JADUs. Under SJMC 20.30.150 and SJMC 20.80.460, both ADUs and Junior ADUs may only be rented for terms of 31 days or longer. Hosted short-term rentals (under 30 days) are only allowed in the primary dwelling. Long-term rentals of standard ADUs face no owner-occupancy requirement, but JADUs remain tied to owner occupancy of either unit.
ADU Rental Restrictions in San Jose
Heavy RestrictionsShed Rules
Sheds in San Jose count toward rear yard coverage. Total rear yard structure coverage may not exceed 40% or 800 sq ft (whichever is greater). Structures over 650 sq ft need a Special Use Permit.
San Jose Shed & Outbuilding Rules
Some RestrictionsGarage Conversions
San Jose allows conversion of an existing garage to an ADU or JADU under SJMC §20.30.150, consistent with California Government Code §65852.2. No replacement parking is required when an existing garage is converted to an ADU, and the existing setbacks are preserved for the conversion footprint.
San Jose Garage Conversion to ADU Rules
Few RestrictionsCarport Rules
San Jose regulates carports as part of off-street parking under San Jose Municipal Code Chapter 20.90 (Parking and Loading), with the citywide parking minimum repealed by the Council on December 6, 2022 and effective April 10, 2023. Carports built as accessory structures are still permitted but no longer mandated, and the standard 90-degree parking stall under Table 20-220 is 9 feet wide by 18 feet long.
San Jose Carport and Covered Parking Rules
Few RestrictionsTiny Homes
San Jose permits tiny homes on foundations as Accessory Dwelling Units under California Government Code §65852.2 and local ADU ordinance. Movable tiny homes on wheels (THOWs) can qualify as ADUs if they meet ANSI 119.5 or HUD standards and are installed with utilities. Homeless tiny-home villages operate under city-sanctioned programs.
Tiny Home Rules in San Jose
Some RestrictionsLooking for Santa Clara County county-wide rules?
County ordinances apply to unincorporated areas and may supplement San Jose city rules.
Accessory Structures in Santa Clara County →