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These pages contain information to assist the home owner in understanding key aspects of San Jose’s permitting process as it pertains to single family remodel and addition projects. These pages are intended to help you identify critical building and zoning issues, understand some common challenges, and make informed choices to avoid costly mistakes prior to starting your project.
What do I need to know before starting my home remodel or addition?
How Do I Apply for My Permit?
How do I check the status of my project?
What permits will I need and what will they cost?
Who reviews my project?
The City of San Jose reviews all construction projects to ensure that they conform to land-use and construction safety codes. Prior to starting your project, you should research the following information.
Your Zoning designation sets limitations on the type, size and location of the structure(s) on your property. There may be additional restrictions if your property is covered by a non-conventional zoning such as a Planned Development Zoning. You can determine the zoning of your property on-line at www.sjpermits.org. If you have questions regarding the zoning restrictions for your property, please contact Development Services at (408) 535-3555.
If your property has a historic designation, is in a Geo-hazard, or flood zone area, additional restrictions may apply. You can determine your property information on-line at www.sjpermits.org. If you have questions regarding the property information for your address, please contact Development Services at (408) 535-3555.
You should research what permits were approved by the City for your property. If a prior owner performed substantial work without a permit that does not meet land use or construction codes, you may be required to address that work in your new construction project if the unauthorized work presents a serious safety or neighborhood issue. You can research your permit history on-line at www.sjpermits.org. If you are proactive in bringing any outstanding code issues into compliance, no financial penalties will be assessed to your project. If you have questions regarding your permit history, please contact Development Services at (408) 535-3555.
If your property is associated with a homeowners association, there may restrictions your association has regarding the construction addition or alteration that is allowed. The City of San Jose does not review projects for compliance with your association. However, your association may require you to remedy work that does not meet their requirements.
Your project will proceed faster and with fewer problems if you hire a licensed contractor to complete the work. The California State Licensing Board (CSLB) has the following tips regarding hiring a contractor.
- Hire only licensed contractors
- Verify the license owner, business name and address and ask for a picture I.D.
- Verify the contractor's license by checking with the CSLB at www.cslb.ca.gov
- Get three bids and check references
- Get a written contract
- Do not pay more than 10 percent down or $1,000, whichever is less
- Do not let payments get ahead of the work
- Do not pay cash
You will be asked to provide a description of the scope of work proposed. Examples could include adding a room, remodeling a kitchen or bathroom, or changing out your windows (window change-outs). You will need to describe all plumbing, mechanical, and electrical work you will be doing. A description of the basic project types is provided below.
Alterations involve the remodeling the interior or exterior of an existing single-family residence. Single-family alterations also include changing from septic to sewer and new swimming pools. Alterations do NOT result in the enlargement of the building. Planning permits may be required for exterior alterations to residences in Planned Development (PD) Districts or Cluster developments, as well as to residences listed on the Historic Resources Inventory.
Constitute changes to an existing single-family residence that will add living space to the house and increase the floor area or "footprint" of the building. Additions include increases to living space that change outside characteristics of the building but not the footprint itself, such as dormer and second floor additions. This could also apply to a permit to convert an attic or basement of an existing single family dwelling to living space. This does NOT apply to projects that will result in an additional dwelling unit . Planning permits are typically required for exterior additions to residences in Planned Development (PD) Districts or Cluster developments, as well as to residences listed on the Historic Resources Inventory.
Permits are required to construct detached garages and storage sheds, decks, trellises and patio covers. Planning permits may also be required for these structures, if their size or coverage exceeds what is allowed by the Zoning Code, and if located in a Planned Development Zoning district or a Cluster development or fir demolition of accessory structures listed on the Historic Resources Inventory. Contact Planning for information and further clarification.
Permits to install, repair, or replace plumbing fixtures or piping, electrical fixtures or wiring, install or repair sewer line, and perform mechanical work such as heating, cooling, or ventilation system installations or repairs for a single family home are called "Sub-Trade” or “Trade Permits.”
Before starting work on site, check with Development Services staff (Building, Planning and/or Public Works) to verify whether or not activities require a permit and what other requirements or restrictions apply. Zoning regulations, erosion control and on-site stormwater detention requirements generally affect changes to a site.
- A site improvement or alteration may include:
- Change to landscaping, sound walls, perimeter fencing/gates
- Changes to topography, grade changes, and/or an addition to retaining walls
- Adding or removing paving or other hard surface
- Using site for exterior work activities or storage
- Ground disturbance
Historic Resources Inventory
The Inventory is the City’s comprehensive list of historic resources and is a reference guide used in land use planning and development permits. A property’s listing on the Historic Resources Inventory includes Structures of Merit, Identified Structures, and Conservation Areas, which require Single Family House Permits; and City Landmarks and City Landmark Historic Districts, which require Historic Preservation Permits.
A Single-Family House Permit is required if a proposed addition to the house would cause it to exceed 30 feet or 2 stories in height, if the floor area ratio (F.A.R.) (see 'What is a F.A.R.?') of the house exceeds .45, or if the house or site is listed on the City's Historic Resources Inventory, but is not a City Landmark or located in a Historic District. . Work performed on a property listed on the Historic Resources Inventory, but not as a City Landmark or located in a City Landmark District, for exterior changes requiring building permits will require a Single Family House Permit. ‘Your Old House: Guide for Preserving San Jose Homes’ design guidelines describe how to rehabilitate the exterior of San Jose’s historic homes in a way that is sensitive and thoughtful in order to maintain the character of individual homes as well as neighborhoods. Exterior alterations following “Your Old House’ guidelines may qualify for the reduced fee, Category 1 Historic Single Family House Permit. Projects limited to maintenance of historic homes following ‘Your Old House’ guidelines would not typically require a Single Family House Permit. More information on this subject can be found at http://www.sanjoseca.gov/planning/dev_review/sfhp.asp.
Historic Preservation Permits
A property’s listing on the Inventory includes City landmarks or historic districts i.e., which requires a Historic Preservation (HP) permit or Adjustment for exterior work. Also listing of property on the Inventory that is not a City landmark requires a Single Family House Permit for additions and/or exterior alterations.
Work performed on a property listed on the Historic Resources Inventory as a City Landmark or located in a City Landmark District for exterior changes to a building or site will require a Historic Preservation Permit or Permit Adjustment. ‘Your Old House: Guide for Preserving San Jose Homes’ design guidelines describe how to rehabilitate the exterior of San Jose’s City Landmarks and Historic Districts in a way that is sensitive and thoughtful in order to maintain the character of individual homes as well as neighborhoods. Maintenance to City Landmark houses and Historic Districts following ‘Your Old House’ guidelines would not typically require a Historic Preservation Permit.
Projects that do not require building plans can be done over the Internet at www.sjpermits.org. A list of simple permits can be found at www.sjpermits.org/permits/permits/help/permitsavailable.asp. Simple Permits may require a Planning review/permit for exterior changes to a building i.e., vinyl siding, window replacements, security bars, skylights, etc. If the property for which a simple permit is being requested is listed on the City’s Inventory, you will be referred to the Development Services Center and Planning staff, to review the proposal and address any needed Planning review/permits. You can also obtain these permits at the Development Services Center. Although not required, it is highly recommended that you schedule an appointment to avoid waiting for service.
Prior to having a contractor prepare plans, you should know what permits will be required for the work involved. Once you know your zoning, property information, and scope of work, you should contact Development Services at (408) 535-3555 to determine what permits you will need and to schedule an appointment for the appropriate service. You will be required to provide a credit card as a deposit. Your credit card will not be charged unless you fail to show up for an appointment without prior notice.
Once you have determined what type of permits you need and have your appointment scheduled, you and/or your contractor will bring your properly completed building plans to the City for your appointment. Instructions as to what constitutes a properly completed plan submittal package are provided at http://www.sanjoseca.gov/building/Plan.asp
At the Development Services Center, you will meet with a member of the Development Services staff to review for completeness of Planning requirements and essential structural, fire/life safety, and energy conservation information.
After meeting with the Development Services staff, if your application materials are complete, you may pay review fees and turn in your plans for full review. If your application is incomplete, you will be told what is missing and you will have to return at another time to submit your application.
Applications will not be processed or routed for any reviews until the required plan check fees have been paid in full.
After competition of your intake appointment and paying intake fees, your project will be "Under Review." Plan Reviewers from Development Services representing Life Safety and Structural disciplines, Planning, and Public Works will all participate in a review of your plans.
The Development Services staff will route your plans to all the reviewers who need to approve your application. When all mandatory reviews are complete and approved, Development Services will prepare your permit package and notify you about how to pay for, and pick up your permits.
Several Divisions will review your application to see that your plans meet with current code requirements. If there are any deficiencies in your plans, or a reviewer needs additional information about your project, they will send you what is called a "Plan Check Comments.”
If a Development Services Staff member from any department sends you plan check comments, the City takes no further action on that review until you respond to the plan check comments, and corrections are received.
When corrections are addressed, Development Services staff will notify you that your permits are ready to be picked up, and tell you the amount of your final issuance fees. The Cashier is located on the first floor of the Development Services Center. You may pay for permit fees by cash, check, VISA, or MasterCard. Note: Either the property owner or the contractor can complete and sign the permit application on behalf of the property owner.
When you pick up your permits in the Development Services Center, you will be given a manila inspection card. The manila inspection card must be posted at the construction site and is used for recording all of your inspections.
The manila card lists all the inspections you will likely need during your new home construction project, and what work needs to be done first. Depending on your individual project needs, your inspections may vary somewhat from the standard manila card listing. Major categories of inspections include:
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Footing (Foundation)
-
Under slab/floor Plumbing and Framing
- Rough Electrical, Plumbing, Mechanical and/or Framing Inspections
- Insulation
- Gas Test
- Final Electrical, Plumbing, Mechanical and/or Building Inspections
When all of your required inspections are approved, your project is considered “finaled” or complete. Your signed off manila inspection card is your Certificate of occupancy.
The number to call to request an inspection is (408) 535-3555. You may also schedule inspections on-line at www.sjpermits.org or automatically via touch-tone phone. Inspections can be scheduled using the automated services during non-business hours. Please contact a customer services representative at the number above for details.
You can check the status of your project via the Internet at www.sjpermits.org You can search for permits by address or by permit number. One you have located the specific permit, click on that permit number and scroll to the bottom of the page where you will find the “Permit Process” information
The City of San Jose’s Development Services Center is funded from fees charged on all construction projects to cover the cost of providing the development & construction approval service. State and City law mandates that staff provide the services in order to ensure that projects are built in conformance with land use, building safety and health regulations.
What type and how many permits you need will depend on the scope of your project.
Planning Land Use Approval Fees – If the proposed project does not conform to the existing use or zone, Planning Division approval will be required and associated fees will be assessed.
Plan Check and Review Fees - Each Division that reviews your plans for conformance to Zoning Code development, life safety and structural regulations charges fees for this review. These fees are common to all construction projects and must be paid when your plans are submitted to the City.
Construction Permit Fees - These fees fund the inspections the City will perform while your project is under construction. Depending on types of permits required for your project, fees may include those for zoning, structural, plumbing, electrical, mechanical, Fire Safety, erosion control.
Other Fees - Additional fees for assigning an address to the site, record retention, school fee, energy inspection, and permit processing, may be applicable. These will depend on your specific project.
Construction Excise Taxes – Construction Taxes are assessed at the time of Building Permit Issuance. These taxes fund traffic infrastructure maintenance and improvements. They are typically based on a percentage of the project’s estimated construction valuation. Work on City Landmarks approved according to the Historic Preservation Permit process is exempt from CRMP taxes.
Construction Demolition and Diversion Deposit Program (CDDD) - CDDD is San José’s incentive program to encourage the recovery of construction and demolition debris. The City of San José will collect a deposit and fully refund it if the construction and demolition debris is diverted from burial in the landfill.
The City Development Services Center is located on the first three halls of the City Hall Tower located at 200 E Santa Clara Street. All the staff required to review your project is located at this facility. Depending upon the scope of the project, the following work groups may be required to review your project.
Single-family site review is the initial plan review submittal appointment. This review includes zoning conformance review of the proposal, for setbacks, height, and other development regulations.
Public Works staff reviews projects to ensure the payment of sewer fees and the need for any Public Works permits. The most common permits issued for these types of projects include: Grading permits, New Driveway permits and Sanitary Sewer Lateral permits.
If the property is located in a Flood Hazard Zone or a Geologic Hazard Zone / Seismic Landslide Zone, additional review and clearances will be required before a Building permit can be issued. These technical reviews may require the submittal of additional information, so the applicant is strongly encouraged to talk with Public Works staff as early in the process as possible.
The Building Division is responsible for reviewing and inspecting private sector buildings for compliance with fire and life safety provisions of state and locally adopted codes. The Building Division offers several types of plan review services.
Regular Plan Review is for projects that required substantive review. The first cycle review time varies from 1.5 weeks to 2.5 weeks depending on the type of project and its scope of work.
Small Project Expedited Plan Review (Express) is available for one or two-family dwelling with one story addition no greater than 500 square feet conventionally framed or structurally designed by an engineer or architect. The review is performed within a one-hour appointment.
Large Project Expedited Plan Review (Intermediate) is for projects that do not qualify for Small Project Expedited Plan Review and are of sufficient quality and completeness to qualify. This option is dependent upon staffing availability to meet the five (working days) first cycle review time. The review is available for one or two-story additions up to 80 square feet conventionally framed or structurally designed by an engineer or architect.
Other organizations besides the City of San Jose may be required to review your project depending upon the scope and location of your project. Approvals from the following agencies may be required.
- School District – Proof of school impact fee payment if the addition is 500 sq. ft or more.
- Bay Area Air Quality Management - For complete demolition or partial structural demolition.
- State OSHA - For projects with over 5 feet of excavation.
When you submit your application to the City you will be notified if these approvals are required. Please contact 408-535-3555 if you want more information regarding these clearances.
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