FAQs

Q. What did the Planning Commission recently recommend regarding the Envision 2040 General Plan Update?

A. At the June 24, 2026, hearing, the San José Planning Commission voted 9 to 2 to recommend an advisory framework that would permanently and irreversibly increase city-wide residential density limits to 32 primary units/acre for all residential neighborhood parcels excluding ADUs. For reference, you can review the official vote details on the San José Planning Commission Agendas & Minutes Page.

Q. Are Accessory Dwelling Units (ADUs) included in these new density limits?

A. No. Per California state law, ADUs are strictly excluded from baseline residential density calculations, meaning developers can build them on top of the primary unit allowances.

Q. When does the City Council vote on this proposal, and can it be stopped?

A. The City Council will consider and vote on this recommendation on Tuesday, August 18, 2026. The City Council has the power to change, revise, or completely omit the recommendation. This is our last opportunity to protect local control—once up-zoning of this magnitude occurs, the state prohibits cities from down-zoning or reducing density in the future. You can find the upcoming agenda posted 3 days before the meeting on the San José Legistar Portal.

Q. What does "By-Right" permitting mean for my neighborhood?

A. "By-Right" means that a residential homeowner or renter would be completely unaware of a major up-zoning project next door. There will be no neighborhood notifications, no community feedback opportunities, and no public hearings. Once approved, a developer can build over 16 units on a lot, and the first time neighbors will find out about the project is when heavy construction equipment arrives.

Q. What are the expected heights and parking rules under this new framework?

A. Although full design standards (like setbacks, lot coverage, and Floor-to-Area Ratio) will be defined later, developments are expected to reach 3 stories with zero off-street parking requirements. This will heavily restrict parking availability citywide and complicate neighborhood garbage collection and street sweeping.

Q. How does San José's Missing Middle proposal compare to California state housing laws like SB9, SB1123, and SB79?

A. San José’s framework aggressively exceeds existing state mandates. For comparison:·        

• • SB9: Allows up to 4 units on a single-family lot (though San José independently chose to allow additional ADUs on top of this).*       

• • SB1123: Allows up to 10 units, but restricts this strictly to vacant single-family lots.*

  • SB79 (Abundant and Affordable Homes Near Transit Act): Legally mandates taller, dense multi-family developments, but limits them strictly to areas near high-capacity public transit stops.*

San José is currently the only city in the entire Bay Area pushing to expand extreme high-densification framework rules past transit corridors and directly into standard, quiet residential neighborhoods.

Q. Will this local up-zoning create more affordable housing opportunities?

A. No. This framework primarily benefits corporate investors and developers by increasing market-rate rental properties. It removes opportunities for traditional family homeownership while failing to address hidden, costly citywide infrastructure needs—straining local libraries, parks, public transit, police, and fire departments without planning or funding for the increased population. 

A city consultant completed an economic study in 2021 (report starts on pg 20) with the expectation that it would document a decrease in housing prices.  The actual result showed that four and eight plex units per lot do NOT make housing more affordable. Basically, each unit = same price as replaced single-family-home.

Q. Will this framework impact the environment and our quality of life?

A. Yes. Eliminating yard space for multi-unit, 3-story buildings will result in a substantial loss of neighborhood tree canopies, driving up localized heat island effects and creating potential fire insurance risks in our communities.