Parking and Transportation Demand Management (TDM) Ordinance Update

The San José City Council voted unanimously on December 6, 2022 to update its parking ordinance to no longer have minimum parking requirements for development proposals and to favor other modes of transportation. The new ordinance is in effect as of April 10, 2023.

In a first significant shift in parking rules since 1965, the City Council agreed with the Planning staff's reasoning that zoning requirements for minimum parking is an obstacle to the expansion of housing and the reduction of carbon emissions. Learn more about the Council's decision in the Background section below. View the final ordinance as recorded by the City Clerk.

The new ordinance provides for new processes as described below.

New TDM Process for development Proposals

As of April 10, 2023, development project application packages must include the supplemental Transportation Demand Management (TDM) Checklist.

The first step in this checklist is determining whether the project is exempt from the new ordinance's TDM requirements.

Exempt projects. Generally, the following projects are exempt:

  • Commute End Uses (such as offices) that add less than 10,000 square feet.
  • Visit End Uses (such as retail, restaurants, personal services) that add less than 100,000 square feet.
  • Residential End Uses (such homes or apartments) less than 25 multifamily units or 15 single-family detached units.
  • Other Uses (most industrial uses) that add less than 30,000 square feet.

To determine which use type your specific project falls under, see Table 20-190.  Additional exemptions can be viewed in section 20.90.900.B.

Exempt projects must still complete part of the form and submit it with their application package.

Non-exempt projects. If the proposed project is not exempt, the checklist must be completed in full and a TDM Plan must be provided per section 20.90.905. To determine what TDM measures are acceptable to fulfill your TDM Plan requirements, please review the City of San Jose’s Transportation Analysis Handbook 

For existing uses. The removal of minimum parking requirements may enable more flexibility with the types of uses that may be allowed in existing buildings, and enables the opportunity to explore alternative uses for under-utilized parking areas.

IMPORTANT. Any changes to existing approved parking facilities still requires permitting through the City of San José’s Planning Division. The conversion of existing parking spaces into outdoor dining (previously accomplished through the Al Fresco program) or other outdoor uses has been streamlined for review through an administrative process per 20.100.500.A.15 (Permit Adjustment) or 20.80.892 (Administrative Permit) when there are changes to vehicular circulation due to the location of the outdoor use area.

BACKGROUND

You can view the City Council meeting agenda; this was Item #22-1876 which includes links to includes the staff memorandum and presentation to Council and more. 

Over the course of four years (2019-2022), City staff reevaluated car parking and transportation demand management policies to advance Climate Smart San José, and Envision San José́ 2040 General Plan transportation and land use goals. During this policy update process, City staff and project partners:

  1. Evaluated existing parking, equity, and development issues in San José;

  2. Reviewed parking and TDM policies implemented in other cities; and

  3. Engaged residents and community stakeholders on this topic. More than 1,600 attendees had the opportunity to provide feedback at over 40 separate events.

In December 2022, City Council adopted and updated Title 20 (the Zoning Ordinance) of the Municipal Code to remove mandatory minimum parking requirements based on the project size and use. In conjunction, the ordinance expanded transportation demand management project requirements to encourage new and existing residents to shift trips from single-occupancy vehicles to alternatives such as transit, biking and walking. These transportation demand management requirements can be fulfilled with infrastructure (such as building or expanding bicycle and pedestrian facilities) or programs such as providing transit passes or bike share memberships to tenants.

CONTACT

Send questions or comments to:

1. Why is the City updating its parking and TDM standards?
2. What are minimum parking requirements?
3. Why is the City considering eliminating its minimum parking requirements?
4. What is TDM?
5. If enacted, how would the TDM program work?
6. Why are new TDM standards being proposed?
7. What are the benefits of the proposed zoning code updates?
8. What outreach has been conducted?