Is an easement on the property?

If yes, typically, you cannot build within the easement.

An exception may be Wire Clearance Easements, which often stipulate the maximum height of construction below any utility wires. The required clearance space must be maintained per the National Electric Code (NEC). For help with a wire clearance easement, contact your utility. 

If you are submitting plans and have an easement, you must show the easement on the project plans. The title report issued during the purchase of the home should indicate any easements. If necessary, contact the title company for a copy. Tract and parcel maps at the Santa Clara County Surveyor Record Index tool may also show easements but may be less accurate than a title report.

Is the property located in a flood zone, geologic hazard zone, or seismic hazard landslide or liquefaction zone? 

How to find these zones:  

• At SJPermits.org, enter the project address. Zone designations, if any, will be listed.
• For flood zones, check the Flood Hazard Zone Map or email FloodZoneInfo@sanjoseca.gov with your property address.

Is the property in Flood Zone A, AE, AH, or AO and does the project entail the submittal of building plans?

If yes, follow the floodplain design considerations in the Building Division's Plan Set Instructions.

Is the property in a geologic or seismic landslide hazard zone and does the project entail the submittal of building plans?

If yes, you must obtain a Geologic Hazard Clearance. 

Does the project entail construction of two or more units and is the property in a liquefaction zone?

If yes, you must obtain a Geologic Hazard Clearance. 

Will the project entail grading? 

If yes, you will need either a Grading Permit or Notice of Exemption from the Public Works Department.

For smaller projects, a “Notice of Exemption” may be issued if it is determined that your project meets the specific code criteria. 

For assistance:
Call 408-535-7803
Email PWGeneralinfo@sanjoseca.gov

Is the house or site listed on the City's Historic Resources Inventory?

If yes, your request for a building permit will include a review by a City planner. If appropriate to your project, you may need to get a Historic Preservation Permit. Learn more at the Historic Preservation page.  

For assistance:
Submit a Help Ticket to Planning
Or speak with a City planner — view Planning's Phone Service.  

Is the property located in a Planned Development (PD) Zone? 

If yes, you must adhere to the architectural standards of the PD Zone and any HOA CCR rules.

To determine zoning: Enter the property address on the Zoning Map.

For assistance:
Submit a Help Ticket to Planning
Or speak with a City planner — view Planning's Phone Service.  

Will the project entail repairs or changes to the driveway or sidewalk?

If yes, view Driveways & Sidewalks.

Will the project entail removing a tree? 

Will the project entail the use of the public right-of-way, including debris boxes or equipment set at the curb, crane construction, covered walkways, etc.?

For construction, demolition, and debris hauling - Only a City-approved hauler is authorized to haul temporary waste bins, and the hauler will typically take care of securing the necessary permit. Using a City-approved hauler helps to ensure safe, proper practices and disposal of your project materials. 

The necessary permit is a Revocable Encroachment Permit and it can be obtained online at SJPermits.org.

For assistance:
Call 408-535-7803
Email PWGeneralinfo@sanjoseca.gov

Is the property in a Wildland Urban Interface (WUI) area? See the map on page 3 of the WUI Fire Conformance Policy.

Construction in WUI areas is subject to the requirements for materials and construction methods of the WUI Fire Conformance Policy.

The zoning district of the project location outlines required setbacks, height limitations, and other development standards; these may affect your project design. 

To determine zoning: Enter the property address on the Zoning Map. 

Find the required setbacks and other development standards as outlined in the San José Municipal Code as appropriate to your type of property:

Residential Development Standards (Table 20-60)

Commercial Development Standards (Table 20-100)

Industrial Development Standards (Table 20-120)

On larger projects such as additions, subdivisions, new developments, and certain business uses, some applicants opt for a fee-based Preliminary Review. A City planner will review the project concept to help ensure that the project design meets all zoning requirements prior to investing in detailed building plans. 

For assistance:
Submit a Help Ticket to Planning
Or speak with a City Planner — view Planning's Phone Service.