Single-Family House Permit

New home construction or additions may need a Single-Family House Permit from the Planning Division before a building permit will be issued.

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Watch Designing an Addition to Your Single-Family Home on the San José Permit Center YouTube channel! Spanish and Vietnamese subtitles are included.

 

Projects That Require a Single-Family House Permit

A Single-Family House Permit is required if any of the following conditions apply:

  1. The new house or addition will exceed 30 feet or two stories in height.
  2. The floor area ratio of the house will exceed 0.45 (see definition below).
  3. Construction will be within 100 feet of a riparian corridor (creek) and the lot is 1/2 acre or larger.
  4. The house or site is listed on the City's Historic Resources Inventory. If the house or site is a City Landmark or in a City Landmark District, instead of a Single-Family House Permit, you will need to get a Historic Preservation Permit. Learn more at the Historic Preservation page. 
  5. There will be the creation, replacement, alteration, or reconfiguration of 10,000 square feet or more of impervious surface.
    Refer to the stormwater evaluation form for the definition of “impervious surface”.

Zoning Code Section 20.100.1000 explains in detail the requirements for single-family house permits. If not required, you may proceed with securing a building permit from the Building Division.

See also the Single-Family Design Guidelines that outlines design issues relating to neighborhood character and compatibility.

Floor Area Ratio (FAR)

The floor area ratio (FAR) is defined as the floor area of a house in relation to the size of the lot.

  • FAR 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.

  • FAR does not include the square footage of:
    • garage (attached or detached)
    • basement
    • accessory structures on the lot
    • an ADU (secondary unit)

See our handout on how to calculate FAR and a sample of a FAR diagram.

How to Apply

  • Complete the Single-Family House Permit Application. Follow the instructions on the form for preparing an application package that includes plans.

  • Submit the application package in person to:
    Planning Counter
    Development Services Permit Center, City Hall
    200 E. Santa Clara St., San José, CA
    Take the bus or we validate if you park under the City Hall Tower.

Permit Approval Process 

The permit must be approved by the Director of Planning. The Director will consider your permit application through either an administrative review or a public hearing process, based on the criteria outlined below. 

Administrative Review Process

For projects that meet all of the criteria below, the Director of Planning will review the application and make a decision. This decision cannot be appealed.

Criteria

  1. Project removes no more than 50% of the exterior walls.

  2. House will not exceed 30 feet in height or 2 stories.

  3. If project includes a second-story addition:
    a) the total second-story floor area does not exceed 60% of the total first floor area, including attached garage floor area; and
    b) the addition is set back an additional 10 feet from the required front setback.

  4. The front porch will not be enclosed or have a net loss of greater than 10% of the existing porch area.

  5. A project that involves an attached garage must be adjacent to lots that have attached garages.

  6. The roofline, materials, trim, and decoration details of the new construction must match that of the existing house (does not apply to accessory dwelling units).

Public Hearing Process

If your project doesn’t qualify for administrative review, then it will go through a public hearing process. This involves more time and an additional fee to cover public notification of the hearing. Public notification is outlined in the Public Outreach Policy for Development Proposals. The neighborhood up to 300 feet around your project site will be notified of the hearing date. The Director of Planning will allow for public testimony as part of the decision-making process.

Demolition

A Special Use Permit is only required if you do not have an approved Single-Family House Permit or you have not obtained a building permit for a replacement house.