Please note: the project scope has been revised. Please see below for updated project description and updated list of properties. 

This Zoning Ordinance Update stem from commitments that San Jose has made in its state mandated Housing Element.  Please visit this page for information on San Jose’s Housing Element. 

Proposed Housing Element Residential Overlay (HERO)

The Housing Element Residential Overlay is used to encourage the production of affordable homes. The sites selected are a part of the 5th Cycle Housing Element. Since no housing was built, and the sites are included in the 6th Cycle Housing Element, the City is required by state law to rezone these sites. The rezoning will allow residential use by right for housing development in which at least 20 percent of the units are affordable to lower income households. In addition, sites must allow a minimum density of at least 15 dwelling units per acre. Pursuant to Gov. Code § 65583.2(i), “use by right” means the housing development may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval. For more information about state law requirements, please visit Gov. Code § 65583.2

The proposal:

Implement the Housing Element Residential Overlay on 7 sites (see list below) 

In order to fulfill the obligations of the Housing Element Residential Overlay, each project would have to provide at least 20% of the units affordable to lower income households and comply with the City’s Inclusionary Housing Ordinance.

The project will also include amendments to Chapter 20.195, “Ministerial Approval,” to establish a local ministerial approval process.

For questions, please contact Kenneth Chou, Planner II at (408) 535-7721 or KennethWeiChe.Chou@sanjoseca.gov.

List of Proposed Housing Element Residential Overlay Sites 

List of Proposed Housing Element Residential Overlay Sites