Single-Family House Permit
This site is intended to provide information and help clarify the Single-Family House Permit Ordinance related to the rebuilding and remodeling of single-family homes in the City of San Jose.
On January 11, 2000, the City Council adopted an urgency ordinance amending the Zoning Code to include discretionary review of single-family houses. A new permit, Single-Family House Permit, may now be required for new construction or the remodel of a single-family house in certain instances.
A Single-Family House Permit would be required if the house exceeds 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 a designated City Landmark, listed on the City's Historic Resources Inventory, or is in a Historic District or Historic Conservation Area. If no Single-Family House Permit is required, you may proceed to the Building Division for building permits.
A Single-Family House Permit is obtained from the Department of Planning, Building, and Code Enforcement. This permit may go through one of three levels of approval involving either the Director of Planning or the City Council depending on the size and scope of work involved. The permit can be approved by the Director of Planning at an administrative level or through a public hearing, or by the City Council which involves a public hearing before both the Planning Commission and the City Council.
Single-Family Design Guidelines (PDF) 2,424 k  have been developed for use by homeowners, builders, architects, and others designers to address issues specifically related to neighborhood character and compatibility. These guidelines are available for purchase at the Department of Planning, Building, and Code Enforcement.
Answer the questions below to determine whether you need to obtain a Single-Family House Permit.
1. Is the new house or addition greater than 30 feet in height?
If yes, you need a Single-Family House Permit approved by the City Council.
2. Is the new house or addition greater than 2 stories?
If yes, you need a Single-Family House Permit approved by the City Council.
3. Is the floor area ratio of your house greater than .45 but equal to or less than .65?
If yes, you need a Single-Family House Permit approved by the Director of Planning.
4. Is the F.A.R. of the house greater than .65?
If yes, you need a Single-Family House Permit approved by the City Council.
5. Is your house or site a designated City Landmark, listed on the Historic Resources Inventory, or located in a Historic District or Historic Conservation Area?
If yes, you need a Single-family House Permit.
If you answered 'no' to all of the questions above, a single-family house permit is not required for your house. You may proceed to the Building Division for building permits.
A Special Use Permit is only required if you do not have an approved Single-Family House Permit or you have obtained building permits for a replacement house.
If the checklist above indicates the need for a Single-Family House Permit approved by City Council, there will be a public hearing for your permit before the Planning Commission and the City Council. If no Council approval is indicated, the Director of Planning is the decision making body. To determine the process involved with a Director's decision, use the criteria listed below.
The issuance of building permits:
- will not require removal of more than 50% of the exterior walls;
- are for a house not to exceed 30 feet in height and two (2) stories;
- are for a single-story addition;
- are for a second-story addition where the total second-story floor area does not exceed 60% of the total first floor area (including attached garage floor area), and the addition is set back an additional 10 feet from the required front setback;
- will not result in the enclosure or net loss of 10% or more of an existing front porch area;
- are for an attached garage only if there is an existing attached garage on either side of the subject lot;
- that require the roofline, materials, trim and decoration details of the new construction to be the same as that on the existing house.
If all of the above criteria are met, no public hearing is involved with the review of a Single-Family House Permit.
The floor area ratio is defined as the aggregate sum of all the floors in a house in relation to the lot area. Please see the question and response below regarding how the F.A.R. is calculated.
The F.A.R. includes the sum of all the floors in a main structure measured to the outside surface of the exterior walls, including stairwells at all floors, and all areas that are greater than 50% enclosed with walls and covered. It does not include garage square footage (attached or detached), square footage of accessory structures on the lot, or square footage of basements.
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