The City has updated the San José Municipal Code and other regulations governing the conversion of private parking lots to outdoor dining or other outdoor uses in association with an on-site business.

The decision-making hearing process on the draft ordinance update included:

• Planning Commission hearing, May 8, 2024 - View recording.
• City Council hearing, May 21, 2024 - View recording.
• These above hearings were held in response to the City Council's direction on November 29, 2022 and December 6, 2022.  

The update is now operational: View the Conversion of Parking Lot to Outdoor Uses/Dining webpage and the Conversion of Parking to Outdoor Uses/Dining - Permit Application. 

COMMUNITY OUTREACH 

Staff gathered public input on the proposed Zoning Code Update. Comments, concerns, and questions raised at this meeting became part of the public record, helping to inform the ordinance's content as it moved forward in the review process.  

Virtual Community Meeting
Thurs., April 4, 2024
6:00 p.m. to 7:00 p.m.  
Webinar recording

View a brief presentation on the proposed changes with subtitles available in English, Spanish, Vietnamese, or Chinese. 

BACKGROUND 

2005 - The City initiated a Sidewalk Café Pilot Program to encourage active, safe sidewalks and outdoor café environments as part of San José’s Downtown Strategy.

2013 - The City Council approved the Curb Café Pilot Program which allowed downtown businesses to maintain a valid entertainment permit and be designated as a public eating establishment to obtain a sidewalk café permit.

2018 - After a series of program extensions by the City Council, the program was established as the Parklet Program. During the COVID-19 pandemic, the “Order to Shelter-In-Place” issued by the County of Santa Clara resulted in a significant reduction of patrons.

2020 - The City Council approved the “Al Fresco Initiative” to support outdoor dining and help hard-hit businesses by directing staff to waive fees, simplify plan checks, and shorten plan reviews for outdoor dining. Project review and permitting was transferred from the Planning, Building, and Code Enforcement Department to the Public Works Department.  

2019 to 2022 - Planning staff reevaluated car parking and transportation demand management policies to advance Climate Smart San José and Envision San José 2040 General Plan transportation and land use goals. The Ordinance for the Parking and Transportation Demand Management Policy included a revision and additional text to expand/modify processes for issuing outdoor event permits, outdoor vending permits, and conversion of existing parking to outdoor use in Chapter 20.80 Specific Use Regulation under Title 20 of the San José Municipal Code.   

November 23, 2022 - A Supplemental Memorandum was submitted to the City Council to state that the Al Fresco Emergency Order would expire on December 31, 2022, and the new ordinance language would be in effect mid-March of 2023. Planning staff recommended that the Council direct staff to suspend the enforcement of outdoor dining and outdoor uses on private property previously permitted through the Al Fresco Initiative until the Parking and Transportation Demand Management Ordinance is effective with adequate time for businesses to be permitted under the new requirements. Planning staff recommended this date as June 30, 2023.   

November 29, 2022 - Mayor Sam Liccardo added a memorandum to modify the ordinance by providing simpler compliance and greater flexibility for outdoor dining in zoning designations and districts outside of downtown, and to streamline the permit process to enable businesses and restaurants to continue using their private parking lots within 150 feet of residentially zoned property.  

December 6, 2022 - The City Council adopted an update of Title 20 of the Municipal Code with amendments presented under File No. PP22-015 Parking and Transportation Demand Management Ordinance Number 30857 and included the following requirements:   

• Any conversion of existing parking to outdoor dining that does not affect on-site vehicular circulation under Section 20.100.500.A.15 would require a Permit Adjustment.
• A Special Use Permit is required when the conversion of existing parking to outdoor dining does not conform with the current requirements.  

PROPOSED REQUIREMENTS 

The proposed updates would:

• Modify requirements for outdoor dining and other outdoor activities associated with an on-site business and for those within 150 feet of residentially zoned property within Part 10.5 of Chapter 20.80 of Title 20 of the San José Municipal Code.
  
  
• The outdoor dining references that are presently within Chapter 20.40, Chapter 20.50, Chapter 20.55, Chapter 20.75, and Chapter 20.100 in Title 20 of the San José Municipal Code will be addressed by regulations listed within revised Part 10.5 of Chapter 20.80, including hours of operation, separation criteria, permit processing and noise parameters.
  
  
• Proposals that are unable to meet the conditions of the Administrative Permit shall apply for a Special Use Permit.  

STAFF CONTACTS 

Juan Borrelli, City's Small Business Ally  
Email: Juan.Borrelli@sanjoseca.gov  

Aparna Ankola, Supervising Planner 
Email: Aparna.Ankola@sanjoseca.gov 

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

LANGUAGE TRANSLATION 

Please use the Google Translate option located at the top of this webpage. Or for assistance in Spanish or Vietnamese, please contact the translators noted below. 

ENVIRONMENTAL REVIEW 

Pursuant to Section 15168 of the CEQA Guidelines, the City prepared a Determination of Consistency that established the activity associated with this ordinance update is within the scope of earlier approved programs and the Final Program EIRs. The project does not involve new significant effects beyond those analyzed in the Final Program EIRs.