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San Jose Ca.Gov
File #: 26-074    Version: 1
Type: Community & Economic Development Status: Agenda Ready
File created: 1/13/2026 In control: City Council
On agenda: 1/27/2026 Final action:
Title: Downtown Residential Incentive Program Expansion to Include Commercial-to-Residential Conversion Projects.
Attachments: 1. Memorandum, 2. (a) Resolution, 3. (b) Ordinance, 4. (c) Resolution, 5. (d) Resolution

...Title

Downtown Residential Incentive Program Expansion to Include Commercial-to-Residential Conversion Projects.

...Recommendations

(a) Adopt a resolution renaming the Downtown Residential High-Rise Incentive Program to the Downtown Residential Incentive Program, expanding the Program to include appropriate commercial-to-residential conversion projects for mid-rise and high-rise buildings located in the Downtown Planned Growth Area, and reducing the Inclusionary Housing In-Lieu Fee to $0 for eligible conversion projects and 0% deed restricted residential units.

(b) Approve an ordinance amending Section 4.46.036 of Chapter 4.46 and amending Section 4.47.089 of Chapter 4.47 of Title 4 of the San José Municipal Code to provide for conversion projects eligible under the Downtown Residential Incentive Program that waive:

 (1) 100% of the Building and Structure Construction Tax and the Commercial-Residential-Mobilehome Park Building Tax for up to 500 units in projects that obtain building permits by December 31, 2026, and pass first inspection within 12 months of obtaining a building permit; and

 (2) 50% of the taxes for the next 1,000 units in projects that obtain building permits by December 31, 2027, and pass first inspection within 12 months of obtaining a building permit.

(c) Adopt a resolution for conversion projects eligible under the Downtown Residential Incentive Program and provide: 

 (1) 50% reduction in the Parkland In-Lieu fees for the first 500 units in projects that obtain building permits by December 31, 2026, and pass first inspection within 12 months of obtaining a building permit; and 

 (2) 30% reduction in the Parkland In-Lieu fees for the next 1,000 units in projects that obtain building permits by December 31, 2027, and pass first inspection within 12 months of obtaining a building permit. 

(d) Adopt a resolution amending the Fiscal Year 2025-2026 Schedule of Fees and Charges to revise the Rental Inclusionary In-Lieu Fee for eligible projects under the Downtown Residential Incentive Program.

CEQA: Statutorily Exempt, File No. PP17-005, CEQA Guidelines Section 15273, Adjustment to Fees, Rates and Fares without changes to or expansion of services. (Housing/City Manager)