Are you operating a restaurant, café, or other business and looking to convert the adjacent sidewalk or street parklet or adjacent on-site parking lot spaces to outdoor dining or other outdoor use?

There are several pathways to obtaining a permit for your project. Learn more below:

Converting a sidewalk or street parklet

If you want to convert an adjacent public sidewalk or street parklet to an outdoor use/dining space, you must use the Public Works Department's Al Fresco process; click the image below. Do not continue with this webpage. For questions about a parklet or sidewalk seating permit, call Public Works staff at 408-535-7802.

Al Fresco Process to Convert
a Sidewalk or Street Parklet

CONVERTING parking lot spaces

If you are converting a private parking lot/property to outdoor uses/dining, there are a few pathways to a permit, including:

1. Permit Adjustment
2. Administrative Permit
3. Special Permit

Here is a comparison to help you select
the right permit process for your project.

1.  Permit Adjustment

• Fastest and lowest-cost permit process.
• Project review timeframe: 2 weeks
• Permit cost: $1,036 (subject to change; verify at Planning Applications)
• We find that only a few projects qualify for this type of permit.

Required Conditions
Your project must meet ALL conditions

1. Maximum area and seating: 800 square-foot area / 50 seats
   
   
2. Parking lot: The parking lot is adjacent to the business and is on private property.
   
   
3. Zoning: The proposed outdoor use/dining area must be zoned CO, CP, CN, CG, PQP, DC, DC-NT1, CIC, TEC, IP, LI, HI, MS-G, MS-C, UVC, UV, MUC, MUN, UR, or TR. Enter the site address on the Zoning Map to determine zoning.
   
   
4. Separation from residential properties: The project must be at least 150 feet from the nearest residentially zoned property or, if closer, there must be either a non-residential building OR a minimum 100-foot wide street separating the residence and project site. Scroll down to see diagram. 
   
   
5. Altered vehicular circulation: The proposed outdoor use/dining design must NOT alter the vehicular circulation of the parking lot. 
   
   
6. Design and operational compliance: The project must meet ALL design and operational conditions as outlined on the Design and Operational Conditions webpage. 

» If your project meets ALL above conditions, click below to proceed with a Permit Adjustment application:

Permit Adjustment Application
for a Parking Lot Conversion

2. Administrative Permit

• This is a streamlined permit compared to a Special Use Permit.
• Project review timeframe: 4 weeks
• Permit cost: $3,795 (subject to change; verify at Planning Applications)
• We find that many projects qualify for this type of permit.

» Click below to use the Administrative Permit Application to determine if you qualify. If you qualify, proceed with submitting the application:

Administrative Permit Application
for a Parking Lot Conversion

3. Special Use Permit

• For projects that don't qualify for a Permit Adjustment or Administrative Permit, as outlined above.
• Includes public noticing and a Director’s hearing.
• Project review timeframe: 7 months
• Permit cost: $17,650 (subject to change; verify at Planning Applications) 

Common issues that require using the Special Use Permit process:

• Project is larger than 800 square feet or has more than 50 seats; 
• Project is associated with a drinking establishment, such as a bar; 
• Other factors requiring a Special Use Permit.  

» Click below to use the Development/Use Permit Application to apply for a Special Use Permit. Important: Your project may seek an exception to limits for project size/seating, tent or canopy size, or propose outdoor cooking, but it must still comply with all other Design Requirements and Operational Conditions on the Design and Operational Conditions webpage. Speak with a City Planner about your proposal before submitting the application.

Special Permit Application
for a Parking Lot Conversion

4. Get Advice from a City Planner

If your project is in any of the following scenarios, you should seek advice from a City Planner on how to proceed:

• Non-compliant zoning - After checking the Zoning Map, I found that my project site is NOT in one of these zones: CO, CP, CN, CG, PQP, DC, DC-NT1, CIC, TEC, IP, LI, HI, MS-G, MS-C, UVC, UV, MUC, MUN, UR, or TR.
  
  
• No on-site business - My proposed project is not associated with an on-site business.
  
  
• Other issues or questions.
  
  » Contact a Planner about your options, see contact info below. 

CONTACT

Juan Borrelli, Small Business Ally, hablo español
Email: Juan.Borrelli@sanjoseca.gov

Rina Horie, Planner I
Email: Rina.Horie@sanjoseca.gov

DIAGRAM

Outdoor Dining/ Use
Required Separation From a Residential Property

Per Municipal Code Chapter 20.80, Part 10.5, the outdoor project must be at least 150 feet from the nearest residentially zoned property or, if closer, there must be either a non-residential building OR a minimum 100-foot wide street separating the residential property and project site.

Disability Access Considerations 

When exploring your outdoor space for business, make sure to consider these disability access resources:

California Commission on Disability Access Business Connect

Open-air Dining & Curbside Pickup Disability Access Considerations are available in English, Spanish, Traditional Chinese  and Simplified Chinese.

BACKGROUND

The new administrative permit process for business operators who want to convert a private parking lot to outdoor uses/dining in association with their on-site business resulted from the City Council's approval of the Outdoor Dining Ordinance Update (File No. PP24-001) that became effective July 5, 2024.

View Ordinance No. 31079 for the full ordinance text.