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New construction · San Jose

Can I tear down and rebuild my house in San Jose?

Tear-down and rebuild is allowed in San Jose on most legally conforming parcels, but the path depends on the parcel's zoning, lot conformance, and any historic / hillside / coastal overlays. Hillside lots constrained by slope, ridgeline protection, and biology. Flat infill mostly governed by FAR and setbacks.

What changes the answer in San Jose.

San José uses R-1 with detailed FAR/coverage rules; Hillside (HS) and Conservation zones in foothills add slope and biology constraints. Single-family Design Review applies in some districts; hillside permits require Planning Commission for larger projects.

  • Hillside lots constrained by slope, ridgeline protection, and biology. Flat infill mostly governed by FAR and setbacks.
  • Single-family Design Review applies in some districts; hillside permits require Planning Commission for larger projects.
  • Almaden and east-foothill Hillside (HS) zoning with slope-based limits.
  • Foothill parcels in VHFHSZ; Chapter 7A applies.

Source-backed note

Demolition + new construction are reviewed by City of San José Planning, Building & Code Enforcement (PBCE) — Building Division alongside any required planning / coastal / hillside review.

Local authority: City of San José Planning, Building & Code Enforcement (PBCE) — Building Division

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