A June 29 meeting at the Hoover Community Center drew residents from various communities, including the Rose Garden and Willow Glen, on the controversial topic. But there was as much discussion about the problems with existing "granny units" as there was on lifting the current ban on secondary-unit construction.

"We need to address current problems before we add additional problems," said resident Jordan Dancer, whose comment received enthusiastic applause.

Dancer, a Buena Vista Neighborhood Association board of directors member, said her organization does not support the current proposal because "it needs stronger wording and regulation. There are individual rights and there are community rights, but I don't want to live where we're always fighting over this issue."

The secondary-units issue is tentatively scheduled for a vote by San Jose City Council in November, but the ordinance would not go into effect until January 2005. After one year, the city council would reevaluate the ordinance, city officials said.

United Neighborhoods board member Ken Henning raised the concern that health and safety in Strong Neighborhood Initiative areas—neighborhoods that the city is trying to revitalize—would only be worsened by adding secondary housing units.

"The parking and overcrowding we already have is why we are branded 'blighted,'" said Henning, who lives in the Buena Vista neighborhood. He questioned whether the city would be defeating its purpose of enhancing certain neighborhoods by allowing secondary units.

San Jose Senior Planner of Zoning Ordinance John Davidson told the group that if secondary units were done legally, they should not contribute to blight.

Willow Glen resident and Willow Glen Neighborhood Association second vice president Ellen Santomauro told those at the meeting that she also has issues with existing granny units and didn't know how code enforcement could handle more cases.

"The inspectors have more than 100 cases each, and it takes months for them to get back to me," she said. "If the city throws additional work on them, it's setting them up to fail."

Rose Garden resident Bob Martinez reiterated this point when he said the city should focus on approving the existing secondary units.

Rose Garden homeowner Henni Kaufman also had concerns that related to parking. Because of existing secondary units on her street, she is experiencing a parking shortage and lack of privacy.

"I spent a lot of money to be comfortable, and I can't even park in front of my home," she said. "If I wanted to have neighbors that close, I'd move to an apartment."

Yet not everyone was opposed to the idea of secondary units.

Marlee Benefiel said she wanted to build a secondary unit for her own personal use, but understood the concerns of residents in densely populated neighborhoods.

"I don't wish on them any more problems," she said.

Davidson said that only 12 percent of residential parcels in District 6 meet the legal eligibility requirements as secondary units.

The city's secondary-unit requirements specify that these dwellings can be attached to or detached from the primary residence, but, if detached, must remain separated by at least 6 feet. The minimum lot size allowed for adding a secondary unit is 6,000 square feet, and the maximum unit size is 650 square feet with one bedroom. The unit must comply with the same lot setbacks and height limitations as the main house, and the property owner must live in one of the two units, and the property would be recorded at the county recorder's office. An additional parking space would also be required.

Davidson added that the state is currently reviewing legislation that would not require the owner to occupy one of the units, but he said San Jose is requiring it.

Davidson also told the group that not all lots would meet the ordinance requirements even if they meet the size requirements. Depending on the shape of the lot and parking arrangement, even an 8,000-square-foot lot might not accommodate a secondary unit, he said.

Davidson said the city's impetus to revisit its previous ban on second units was the passage of a 2002 state law that mandates cities allow secondary units or prove that they have adverse health and safety effects.

Willow Glen Neighborhood Association first vice president Ed Rast said a lot of the frustration in the community was coming from the fact that the city needs to address three separate issues: a need for additional living space, the existing use of illegal secondary units and better regulations on new secondary units.

"If you address only one piece, you end up with an incomplete solution," he said.