San Jose, CA Home Business: Home Occupation Permits (2026)

San Jose Municipal Code regulates home occupations as accessory uses subordinate to the primary residential function. A Home Occupation Permit is required for any income-producing activity conducted at the residence, issued through the Planning Department. Standard conditions include: the business must occupy no more than 25% of the dwelling's floor area; no more than one non-resident employee may work on-site; no merchandise, stock, or supplies may be visible from the street; no exterior signage is permitted; deliveries must not exceed those typical for residential properties; and customer visits must be minimal and by appointment only. Prohibited uses include auto repair, commercial kitchens beyond cottage-food scale, welding shops, kennels, and any activity producing noise, odors, vibration, or fumes detectable at the property line. Professional services (attorneys, accountants, consultants), tutoring (with limits on simultaneous students), and online/remote businesses are typically approved without issue. Short-term rentals fall under a separate ordinance (Chapter 20.80). A Business Tax Certificate, obtained separately through the Finance Department, is required for every home business regardless of scale. Violations are complaint-driven, and unpermitted home businesses face administrative citation and potential closure.