Before You Build in San Jose, CA: Permit & Rule Checklist (2026)

San Jose exempts retaining walls under 4 feet from a building permit, but residential zoning caps accessory retaining walls at just 2 feet unless a Special Use Permit is granted for greater height.

San Jose caps residential fences at three feet in the front setback and seven feet along rear and side lines under Table 20-80; anything taller needs director approval or a formal variance.

San Jose fences that meet the height limits in Table 20-80 need no permit, but anything over three feet in a front setback or seven feet elsewhere requires director approval under Municipal Code § 20.30.600.

San Jose exempts prefabricated above-ground pools from a building permit only if they're under 24 inches deep and hold no more than 5,000 gallons; bigger, deeper, or in-ground pools need a permit under SJMC § 24.02.120.

San Jose enforces the California Swimming Pool Safety Act (Health & Safety Code §§115920-115929) together with San Jose Municipal Code Title 17 Chapter 17.28 (Swimming Pool Enclosures). Pools and spas deeper than 18 inches require a permanent enclosure at least 60 inches high with self-closing, self-latching gates. New or remodeled pools must include at least two of seven approved drowning prevention features.

San Jose lets homeowners convert an existing garage into livable space by treating it as an accessory dwelling unit, with no floor-area cap and no requirement to replace the lost covered parking anywhere else on the lot.

San Jose allows one accessory dwelling unit plus one junior ADU on any single-family lot by right, capping floor area at 1,000 to 1,200 square feet and requiring no side or rear setback under Municipal Code § 20.80.175.

San Jose treats carports as open accessory structures under Table 20-70: a 60-foot front setback, no side or rear setback, and a 12-foot height cap in residential districts, unless it qualifies as a garage instead.

San Jose allows one Tiny Home on Wheels per single-family lot under SJMC § 20.30.495, with rear-yard placement, a paved pad, utility hookups, and a detailed design checklist.

San Jose Municipal Code § 9.10.820 bans burning any solid waste anywhere in the city, including backyard trash and yard-waste fires. Street and public-property fires are off-limits too, except for fire department personnel or a chief-issued bonfire permit.

San Jose bars burning solid waste and open fires citywide, but the fire prevention bureau chief may permit a bonfire or other outdoor fire under Municipal Code Section 9.10.820(E), via the Chapter 17.12 fire code process.

San Jose bans removing any live or dead tree 38+ inches in trunk circumference from private property without a tree removal permit or development permit under Chapter 13.32 of the Municipal Code.

San Jose bans irrigating outdoor landscaping with potable water between 10 a.m. and 8 p.m., and caps landscape-irrigation-system watering at fifteen minutes per station per day, under Municipal Code § 15.10.290: hand watering, drip irrigation and self-closing hoses are exempt.

San Jose requires street trees to keep an 8-foot vertical clearance over sidewalks and 14-foot clearance over the roadway, and bars pruning or removing a street tree without a permit from the Parks, Recreation and Neighborhood Services director.