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Pending / Future Amendments
Municipal Code Amendments

Public Hearing

The following changes to the Zoning Code are being considered at the November 15th, 2016 City Council Hearing at 1:30 p.m., City Council Chambers, City Hall, 200 E. Santa Clara Street, San José, CA, 95113

1) Amend various sections of Chapter 20.30 “Residential Zoning Districts” all to:
  • Add mixed residential-commercial use as an allowable use, to allow secondary dwellings (accessory dwelling units or ADUs) in the R-2 Two Family Residence District
  • Modify development standards for residential uses including reducing minimum required setbacks
  • Delete maximum number of stories in the R-M Multiple Residence Zoning District while maintaining maximum allowable height
  • Modify the permit type for exceedance of decibel levels indicated in Table 20-85
  • Amend Section 20.30.150 “Secondary Units” in compliance with newly adopted State law pertaining to ADUs  

2) Amend Section 20.90.220 “Reduction in Required Off-Street Parking Spaces” in Chapter 20.90, “Parking and Loading” to allow reductions in parking spaces for residential uses in compliance with newly adopted State law

3) Amend Section 20.200.325 - Dwelling, Secondary in compliance with newly adopted State law, and r
e-number various sections within Chapter 20.200 so that the sections are listed in alphabetical order

4) Make other technical, non-substantive, or formatting changes within those sections of Title 20.

For additional information refer to the November 15th, 2016 City Council Agenda, item 4.3, Council Memorandum, and Draft Ordinance. Leading up to this public hearing, you can monitor the Council Agenda for additional links to documents or updates on item 4.3 through the link provided above.

The following Zoning Code amendments are targeted for Planning Commission and City Council consideration in 2016.

California State Housing Density Bonus and Incentives Law:
  • Add a new chapter to the Zoning Code to implement the California State Housing Density Bonus and Incentives Law and provide affordable housing incentives consistent with the Envision San José 2040 General Plan. Consider reducing setbacks and parking as incentives for providing affordable housing in compliance with State Density Bonus law. 

Residential Zoning Standards:
  • Expand Provisions for Uses related to Urban Agriculture – including Aquaculture/Aquaponics and Plant Nurseries if approved with a Special Use Permit. 

The following Zoning Code amendments are targeted for Planning Commission and City Council consideration in Spring 2017.

  • Temporary homeless shelter and safe overnight parking in assembly spaces - Allow temporary shelter and/or safe overnight parking as an incidental use to an assembly space. Streamline the permitting process and include performance criteria.  
Future Municipal Code Amendments and Policy Changes

Per prioritization established by the City Council, the City is also working on possible Municipal Code and/or policy changes to address the following topics:  
  • Zoning Ordinance Quarterly Modification - Minor changes to the Zoning Code conducted as part of ongoing maintenance of the Code on a regular basis.
  • Development Agreement Policy - Update criteria
  • Procedures for closure of mobilehome parks
  • Modernize provisions for Single-Room-Occupancy (SRO) Living Unit Facilities and SRO Hotels.

Zoning Code and Title 6 (Business Licenses and Regulations) - Offsale of Alcoholic Beverages:
  • Currently, a full-service grocery store that applies for an offsale alcoholic beverage license from the State Department of Alcoholic Beverage Control must go through the process of obtaining a Conditional Use Permit (CUP) approved first by the City of San José Planning Commission and then the City Council. Full service grocery stores must also obtain a determination of public convenience or necessity (PC or N) for offsale of alcohol. The City is considering simplifying this process by allowing the issuance of a Special Use Permit (SUP) and determination of PC or N as approved by the Planning Director, in conformance with State laws that regulate the concentration in neighborhoods of the number of businesses selling alcoholic beverages for off-site consumption.


Jenny Nusbaum, Supervising Planner, Ordinance and Policy Team
Email or (408) 535-7872