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San Jose, CA Building Safety: Anti-Mansionization (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

No-permit FAR ceiling
0.45
No-permit height ceiling
30 ft / 2 stories
Administrative tier
FAR 0.45–0.65 w/ design criteria
Hearing tier
FAR >0.65 or criteria unmet
Zones covered
R-1, R-2, RM only

Summary

San Jose requires a Single-Family House Permit once a new house or addition exceeds a 0.45 floor area ratio, or is taller than 30 feet or more than two stories, under Municipal Code Chapter 20.100 Part 9.

The issuance of the building permit will result in a single-family house in any residential district with a floor area ratio equal to or less than forty-five hundredths or height equal to or less than thirty feet and/or equal to or less than two stories; or the site is not an historic resource listed on the historic resources inventory pursuant to Chapter 13.48 of Title 13 of this Code, unless allowed pursuant to the provisions of Part 8, Part 9, and Part 9.5 of Chapter 20.30.

Source: SJMC Title 20 — ZoningView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).

Full Breakdown

Chapter 20.100 Part 9 is San Jose's mansionization control for R-1, R-2 and RM lots. Build within a 0.45 floor area ratio (gross floor area divided by lot area, excluding garages and basements) and stay at or under 30 feet and two stories, and no Single-Family House Permit is needed. Cross a 0.45 FAR up to 0.65 and meet added design criteria (no more than 60% second-story-to-first-floor ratio, 10-foot second-story setback, matching roofline and materials) and the Planning Director can approve it administratively. Miss those criteria, exceed 0.65 FAR, or exceed the height/story cap outright, and the project needs a public hearing before the Director or Planning Commission.

Violations & Fines

No building permit for a single-family house or addition can issue until the required Single-Family House Permit is obtained; building past the FAR/height threshold without one risks a stop-work order from the Building Division.

Frequently Asked Questions

Does San Jose regulate oversized 'mansionization' houses?
Yes. Municipal Code § 20.100.1030 requires a Single-Family House Permit once a house's floor area ratio tops 0.45 or it exceeds 30 feet/two stories, triggering Planning Division design review before a building permit can issue.
Can a big addition still be built without a hearing?
Yes, if the FAR stays at or under 0.65 and the addition meets § 20.100.1040(B)'s criteria, limited second-story size, a 10-foot setback, and matching roofline and materials, the Director can approve it administratively, no public hearing.

Sources & Official References

Other rules in San Jose

All San Jose rules

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Anti-Mansionization in Nearby Cities

How other cities in Santa Clara County handle anti-mansionization.

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