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Temporary & Incidental Shelter Program

On August 22, 2017, the San José City Council adopted a permanent ordinance (Ordinance No. 29976) amending Title 20 of the San José Municipal Code to revise land use provisions for temporary and incidental shelter of homeless people. 

Ordinance No. 29663 is available for your review.

An incidental shelter use is a shelter use that is incidental to the primary assembly use on the site, if it occupies less than 50% of the usable square footage of the building(s) that are primarily used for assembly use on the parcel. The maximum occupancy shall be 50 persons or as set forth by the Fire Code, whichever is more restrictive. A primary assembly use includes, but is not limited to all religious assemblies, and other places such as gymnasiums, libraries, movie theaters, nightclubs, schools and community centers.

An incidental shelter use must be registered with the City of San José Housing Department. Please contact Lorena Negrete at 408-975-4456 with any questions about the Temporary & Incidental Shelter Program in San José.  If you are interested in participating in the Temporary & Incidental Shelter Program, please submit the registration packet via email to or through U.S. mail: Attention: Lorena Negrete 200 E. Santa Clara St., 12th Floor San José, CA, 95113.