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SB9: Duplex

nkaliape

Registered User
Joined
Jan 25, 2022
Messages
3
Location
San Jose
Under Senate Bill 9 (SB 9) passed in 2021, you may construct up to two units on a property zoned for single-family residential, and under the City's Ordinance 30706 passed in December 2021 and as allowed by SB 9, the zoning district must be R-1 or PD and the two units must be a duplex. More specifically: • You may create a duplex by remodeling the existing house or adding on to it; • You may demolish an existing house and build a new duplex; or • You may build a new duplex on a vacant lot that is zoned single-family residential (R-1 or PD zones). • Existing structures on a lot are not a constraint if those structures could be converted or demolished to make room for the new units.

My property is of 13500sqft lot with 1800+ SFH as of today.
I'm planning to add second unit (not ADU) and call it a duplex. (two dwelling units in one lot) - similar to R2 zoning.

Is that acceptable? does it need to share the wall to be duplex?

all duplex requirements with respect to Floor Area Ratio, Easements, parking, everything is MET. But just curious - does it need to share wall?
Please advise.
 
Welcome to the forum. I hope someone here will feel comfortable answering your inquiry... that said, most of us deal with building codes, and your questions relate to zoning regulations.
 
I think yes, it must share a wall and possibly the roof. You may create a duplex by remodeling the existing house or adding on to it; That doesn’t say build a new separate structure.
 
I say it would need to be attached. Check with your local building/zoning department.

Welcome!
 
As others have said, check the definitions in the zoning code and discuss with zoning office. Typically, a Duplex has a common wall or floor. Two free standing houses on the same lot would be a Tandem House.
 
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