The Building Strong Neighborhoods committee at the Oct. 17 meeting wanted further clarification on how the city would enforce regulations for existing secondary-units that are nonconforming, as well as requirements for owner occupancy, after permits are obtained to construct the units.

Under the proposed plan the city will approve either 100 permits or will end the program within a year, depending on which comes first.

The units may be built only in single-family neighborhoods or developments, and must follow specific guidelines.

The parameters require that each unit is no larger than 600 square feet, with a maximum of 400 square feet for a bedroom. The unit must include a bathroom, full kitchen and one on-site parking space.

The secondary units must also be constructed of the same materials used for the primary residence. The front door of the secondary unit should not be visible from the street.

Along with the building requirements, each homeowner must prove that he or she will be living on the property at the time the individual applies for the permit. The implementation of this requirement was a concern for two of the committee members, District 5 Councilwoman Nora Campos and District 10 Councilwoman Nancy Pyle.

"This is a major loophole," Campos said.

She is concerned that residents who own multiple properties will abuse this part of the program. Enforcing the homeowner rule will be difficult, she said, because a homeowner could move out of one property and into the next just to obtain a secondary-unit permit.

Pyle also questioned the city's ability to enforce the program if it's approved by the city council.

"There are more than 2,700 illegal units in the city that are nonconforming," Pyle said.

She asked San Jose Housing director Leslye Krutko how the city would track down and enforce the new requirements for preexisting illegal units. Pyle was also concerned about the safety of old buildings.

"Some of these illegal units are accidents waiting to happen," she said. "I understand the need for housing but the units should not cause additional hardship for the occupants and the community."

The pilot program will also include a permit process for homeowners with existing illegal secondary units, said Laurel Prevetti, deputy director of the Planning Department.

District 9 Councilwoman Judy Chirco, who is the third member of the committee, believes this program is long overdue.

"I really like how this process has unfolded," said Chirco, whose district includes a portion of Willow Glen.

She said that the city has "diverse" living needs and has to start looking at ways to house elderly and disabled residents. Chirco believes this is a good solution to the city's affordable housing needs.

Residents in North Glen Willow are not so sure.

Ken Eklund, who lives on Fuller Avenue, said, "Right now, residents are the code enforcers. If there is a second unit, it is probably illegal and residents can call code enforcement. But with this pilot program, it becomes impossible for neighbors to know what is being built legally and what isn't."

In District 6, which includes Willow Glen, there are 9,237 parcels that are more than 6,000 square feet and 3,462 parcels that are more than 8,000 square feet.

Eklund doesn't want the city to take a "one-size-fits-all" approach.

"A high-density community will be affected differently than a low-density one," he said. "The city isn't taking that into consideration. Vintage neighborhoods such as those found in Willow Glen aren't ideal areas for these secondary units."

Approving the program reverses a 1984 ban on secondary units, also called granny or mother-in-law units. The San Jose City Council, at its May 3 meeting, approved the granny-unit pilot program. San Jose is the last city in Santa Clara County to approve secondary units.

Krutko said the pilot project's draft is to be presented to the city council in November, with a second hearing in December. Implementation of the program is planned for January.