The City of San José Municipal Code Title 20 (Zoning Code) proposed updates are necessitated by recent State law mandates, Housing Element requirements, or direction from the City Council for Senate Bill 9 (SB 9), Group Homes, Accessory Dwelling Units, Density Bonus, Ministerial Approvals, Senate Bill 684 and Senate Bill 1123 (SB 684/1123), Senate Bill 1418 (SB 1418), Entertainment Zone Boundary, Heat Pumps, Mixed Use Neighborhood standards, and Special Use Permit amendment.

* The dates for the Planning Commission and City Council hearings on this ordinance item are November 19, 2025, and December 16, 2025.

PROPOSED TITLE 20 (ZONING ORDINANCE OR ZONING CODE) 

File No. PP25-001: 

Project Scope

The proposed Zoning Code amendments would comply with recent State law updates and the California Department of Housing and Community Development (HCD) directive; comply with City of San José’s 2023-2031 Housing Element (HE) goals and policies; implement City Council’s prior direction; streamline permitting process, update Code references, and ensure consistency with prior amendments.

Items under consideration

SB 9 Expansion

• Implement prior Council direction and Housing Element Action Item to update objective design standards to facilitate SB 9 developments, such as:

• Smaller access corridor for subdivided lots
• Allow bigger units with a higher Floor Area Ratio, but with a new lot coverage standard
• Match rear yard height and setbacks to current ADU allowances

• Allow streamlined 'SB 9-type' two-unit developments in the R-2 Zoning District and include a process to evaluate buildings built before 1950

• Allow 'SB 9-type' two-unit projects on properties on Historic Resources Inventory with standards to protect historic integrity

SB 684/1123 – Small Lot Subdivisions

• Up to 10 subdivisions and up to 10 units for-sale developments in multifamily zones or vacant single-family zoned property per state law (e.g. court homes, townhomes, small condominium buildings)
• The City can choose whether to include or exclude ADUs; the proposed update will only include attached ADUs as part of the housing development project. Per State law, the ADUs would not count towards the 10-unit count

Group Homes

• Group Homes/Residential Services Facilities of seven or more residents will be a permitted use and no longer require a Conditional Use Permit
• Conformance with State’s requirement to comply with Fair Housing Laws

Density Bonus and Ministerial Approval Chapters

• Reformat chapters for clarity and to remove specific references to State laws
• These amendments would reduce the need for future zoning updates as State laws continue to change

Other State law updates

• Incorporate State law provisions to allow up to 8 detached ADUs units on multi-family (SB 1211)
• Streamline permitting for hydrogen fueling stations on commercial and industrial zoned property or on a site previously used as a gas station (SB 1418)
• Eliminate Special Use Permit requirement for secondhand stores within Downtown (AB 2632)

Zoning maintenance items

• Allow any number of State mandated ADUs on a lot to be sold through AB 1033 Parcel Map process
• Add heat pumps as type of mechanical equipment that can encroach into setbacks
• Add reference to Entertainment Zone Boundaries in alcohol off-sale provisions
• Codify amendments to Special Use Permits
• Revise Mixed Use Neighborhood setbacks for improved clarity

PUBLIC OUTREACH /COMMUNITY MEETINGS

Title 20 (Zoning Code) Update, Community Meeting, Project Number PP25-007
Date: Monday, October 6, 2025, 6:00 PM – 8:00 PM
Location: Zoom
Presentation:

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An Addendum to the Envision San José 2040 General Plan Final Program Environmental Impact Report (FEIR), for which findings were adopted by City Council through Resolution No. 76041 on November 1, 2011, and Supplemental EIR Resolution No. 77617, adopted by City Council on December 15, 2015, and Supplemental Environmental Impact Report – 2023-2031 Housing Element Update (Resolution No. 2023-262) and Addenda thereto is prepared in accordance with the California Environmental Quality Act, as amended. The Addendum analyzed the proposed Zoning Code changes and found that the project would not result in new or substantial significant impacts not already addressed in the previous documents. Therefore, no subsequent EIR or Negative Declaration is required pursuant to CEQA Guidelines Section 15164(c).

Rina Horie, Planner I
Email: Rina.Horie@sanjoseca.gov  

Brent Carvalho, Planner III
Email: Brent.Carvalho@sanjoseca.gov

Aparna Ankola, Supervising Planner
Email: Aparna.Ankola@sanjoseca.gov