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San Jose allows artificial turf in residential yards subject to setbacks, drainage requirements, and HOA design review. California AB 1572 (2023) prohibits the use of potable water to irrigate non-functional grass at commercial, industrial, and institutional properties, accelerating turf conversion for water conservation.
California SB-1383 requires every San Jose resident and business to separate food scraps and yard trimmings from trash. San Jose's Sustainable Materials Management program provides curbside organics carts and enforces participation through franchise haulers and the city.
Santa Clara County regulates tree trimming through Heritage Tree and Hillside ordinances. Light maintenance pruning is allowed, but heritage trees like native oaks require permits for substantial canopy work.
San Jose requires EV charging infrastructure in new construction under CALGreen Tier 2 standards. Residential new builds need 100% EV-ready parking; multifamily and commercial projects face graduated requirements. Public charging stalls are reserved for actively charging vehicles, with fines for non-EVs blocking chargers.
Loading zones in San Jose are marked with yellow paint (commercial freight, typically twenty minutes) and white paint (passenger loading, typically five minutes) under SJMC Title 11 and California Vehicle Code Section 21458, with active loading required throughout the stop.
Painted curbs in San Jose follow California Vehicle Code Section 21458 standard meanings: red prohibits all stopping, yellow allows commercial loading, white permits brief passenger pickup, green sets time-limited parking, and blue marks accessible parking for disabled-placard vehicles only.
San Jose generally permits overnight street parking citywide, but oversized vehicles (over 6 feet tall or 22 feet long) are prohibited from parking on public streets between 2:00 AM and 5:00 AM. Residential Permit Parking zones near downtown and SJSU require permits for overnight stays.
San Jose enforces a 72-hour street parking limit under San Jose Municipal Code 11.36 and tows under California Vehicle Code 22651(k). The Department of Transportation Abandoned Vehicle Abatement Program responds to 311 reports, marks tires, and tows unmoved vehicles. Inoperable vehicles on private property are regulated separately under SJMC 6.66 as a public nuisance with a 10-day notice period.
San Jose restricts RV parking under SJMC §17.72. RVs in front yards must be on pavement and perpendicular to the street. Living in an RV on residential property is prohibited.
San Jose Municipal Code Chapter 11.36 governs on-street parking. Residential streets are swept once per month on a posted day; high-traffic and downtown streets are swept 2–4 times per month between 2:00 AM and 11:00 AM. Vehicles parked in posted no-parking zones during sweeping receive a citation, and tow-zone violators are towed.
In unincorporated Santa Clara County, driveways must not block sidewalks or public rights-of-way, and curb cuts require an encroachment permit from Roads and Airports.
San Jose enforces defensible space requirements under California Public Resources Code §4291 in the East Foothills, Alum Rock, Almaden Valley, and Silver Creek WUI zones. Property owners must maintain 100 feet of defensible space around structures, with annual inspections by San Jose Fire Department and Cal Fire in mapped hazard areas.
San Jose Municipal Code Title 17 Chapter 17.20 adopts the California Fire Code, which incorporates IFC §6101 for liquefied petroleum gas. Residential propane storage is capped, distance setbacks apply, and commercial installations require Fire Department permits.
Cal Fire maps significant portions of eastern and southern San Jose as Very High Fire Hazard Severity Zones, including Alum Rock, East Foothills, Evergreen, Silver Creek, and Almaden Valley rims. Homes in these zones face stricter building codes, defensible space inspections, insurance scrutiny, and AB 38 disclosure requirements on sale.
San Jose enforces California Building Code and Health & Safety Code smoke alarm requirements, mandating working alarms in every bedroom, outside each sleeping area, and on each level of a home. Carbon monoxide alarms are also required. Hardwired interconnected alarms are standard in new construction and major remodels.
All fireworks, including 'safe and sane' varieties, are illegal in San Jose under SJMC §10.17.100. Only professionally permitted displays are allowed.
San Jose and the Bay Area Air Quality Management District restrict backyard fires. Recreational wood fires in portable pits are allowed on non-Spare the Air days, but open burning of yard debris is prohibited year-round in the city. Natural gas and propane fire features are exempt from Spare the Air restrictions and recommended.
Fire pits and portable outdoor fireplaces are allowed in San Jose with clearance requirements under the 2022 Fire Code. Recreational fires need 25-foot setback from structures.
Outdoor burning in Santa Clara County is tightly restricted under BAAQMD Regulation 5 and County Fire rules. Most residential yard-waste burning is prohibited; permits needed for ag and hazard fires.
San Jose permits home-based businesses through a Home Occupation Permit process under Municipal Code Title 20. Businesses must remain incidental to residential use, employ no more than one non-resident worker, generate no significant client traffic, and display no exterior signage. A Business Tax Certificate is required in addition.
San Jose residents can operate a cottage food business under California Health & Safety Code §114365 (the Homemade Food Act). Class A operations (direct sales only) and Class B (indirect sales through retailers) both require registration with Santa Clara County Environmental Health and produce only approved non-potentially-hazardous foods.
Santa Clara County home occupations must generate no more traffic, parking, or deliveries than normal residential use. Appointment-only visits and residential-scale deliveries only.
Santa Clara County allows home occupations in residential zones as an accessory use when clearly incidental to the dwelling, operated by a resident, and limited to 25 percent of floor area.
California H and S Code 1597.40 preempts local zoning for family daycare homes, requiring Santa Clara County to treat licensed family childcare as residential use. State licenses the operators.
Santa Clara County prohibits exterior signs, window displays, and any visible indication of a home-based business. Home occupations must preserve the residential appearance of the property.
San Jose requires sterilization of dogs and cats under SJMC chapter 6.06. Owners who want to keep an intact animal must obtain an intact-animal permit with narrow exemptions for licensed breeders, working dogs, show animals, and verified medical reasons. Unaltered pets pay much higher license fees.
California does not license pet groomers as a regulated profession, but San Jose groomers must hold a city business tax certificate and any state seller permit. Mobile groomers need vehicle permits. Cruelty laws under Penal Code §597 and consumer protection rules still apply.
San Jose Title 20 zoning allows veterinary clinics in Commercial Neighborhood, Commercial General, and Commercial Pedestrian districts, subject to use permits when boarding or outdoor runs are involved. Residential zones generally exclude clinics; large animal hospitals may need special permits and noise mitigation.
San Jose pairs SJMC Title 6 pet limits and care duties with California Penal Code §597 to address hoarding. Animal Care and Services responds to welfare complaints, can seize neglected animals, and refers cruelty cases to SJPD and the District Attorney for criminal prosecution.
San Jose licenses cats under SJMC chapter 6.04, requires current rabies vaccination, and expects ID on outdoor cats. There is no leash law for cats, but owners must prevent nuisances. Animal Care and Services runs licensing, low-cost clinics, and a community cat program.
San Jose requires every licensed dog and cat to be microchipped under SJMC chapter 6.06. Owners must keep contact information current with their chip registry. Microchips dramatically improve return-to-owner rates at the city shelter and are scanned on every impounded animal.
San Jose Animal Care and Services follows a hazing-first coyote response under guidance from California Department of Fish and Wildlife. Residents are urged to scare coyotes away, secure trash and pet food, and never feed wildlife. Lethal removal is reserved for documented public safety threats.
San Jose's Companion Animal Retail ordinance, SJMC chapter 6.86, bars pet stores from selling commercially bred dogs, cats, and rabbits. Stores may only offer animals sourced from public shelters or nonprofit rescues. The local rule predates statewide AB-485, which now imposes a similar standard across California.
SJMC section 6.04.075 caps San Jose households at four dogs and six cats over four months old. Litters and short-term fosters can be exempt under specified conditions. Animal Care and Services issues kennel permits for households exceeding the cap, subject to zoning and welfare standards.
California Fish and Game Code sections 3503 through 3516 protect almost all native birds, nests, and eggs across San Jose. It is illegal to take, possess, or destroy nests or eggs without a permit. The federal Migratory Bird Treaty Act and city urban habitat policies add another protective layer.
California Fish and Game Code requires a CDFW permit to possess or rehabilitate native wildlife. San Jose residents who find injured animals should call the Wildlife Center of Silicon Valley, the area's permitted rehabilitator, rather than attempting home care. Possessing wildlife without a permit is a misdemeanor.
San Jose prohibits intentional feeding of wildlife that creates a nuisance or public safety concern, including coyotes, raccoons, deer, and wild turkeys. Feeding can attract predators to neighborhoods near Alum Rock, Almaden, and Silver Creek foothills, and city enforcement actively responds to complaints.
San Jose Municipal Code Title 7 (Animal Care and Control) requires dogs in public places, city parks, and trails to be on a leash no longer than six feet, replacing the prior 20-foot limit. Dogs four months and older must also be licensed and currently vaccinated for rabies under Title 7, Chapter 7.20. California Food and Agricultural Code Section 30951 authorizes impoundment of stray dogs.
Santa Clara County allows backyard beekeeping in most zones with setback and hive-count limits. Registration with the County Agricultural Commissioner is required under state law, and flyway barriers are typical.
Santa Clara County does not impose breed-specific bans. California Food and Agriculture Code 31683 preempts counties from restricting dog ownership by breed, but dangerous dogs of any breed may be declared and regulated.
Santa Clara County allows backyard chickens in most residential zones with setback requirements. Roosters are restricted in suburban areas, and larger livestock is limited to rural residential and agricultural zones.
Livestock such as horses, cattle, sheep, and goats are allowed in Rural Residential, Hillside, and Agricultural zones of Santa Clara County. Minimum parcel sizes, stocking limits, and Right to Farm protections apply.
San Jose distinguishes hosted short-term rentals (host onsite during stay) from unhosted rentals (host away) under SJMC Section 20.80.140, allowing hosted stays without an annual cap and unhosted stays only at the host's primary residence with a 180-night annual limit.
Unhosted short-term rentals in San Jose are permitted only at the host's primary residence under SJMC Section 20.80.140, defined as the dwelling the host occupies for at least sixty consecutive days or 185 days a year and uses on tax filings.
San Jose enforces platform and host liability through SJMC Section 20.80.140 paired with California's Hosting Platform rules; platforms must verify registration numbers, remit Transient Occupancy Tax, and remove non-compliant listings, while hosts retain primary liability for code, tax, and nuisance violations.
Unlike Los Angeles, San Jose does not offer an Extended Home-Share permit allowing more than 180 hosted nights per year. SJMC Chapter 20.80 governs Incidental Transient Occupancy with caps tied to host presence rather than a separate extended tier.
Under SJMC Section 20.80.140 and the city's administrative citation framework, repeat short-term rental violations such as exceeding night caps, party-house complaints, or unpermitted operation lead to escalating fines, registration suspension, and ultimately permanent revocation.
San Jose STR hosts must provide on-site parking matching the zoning requirement for the underlying residential use, typically two off-street spaces for single-family homes. Guest parking spilling onto residential streets is a leading complaint source and may trigger citations under the city's residential permit parking program.
San Jose caps short-term rental occupancy at 2 persons per bedroom plus 2 additional, with an absolute ceiling of 10 guests regardless of bedroom count. The limit appears on the Business Tax Certificate and must be posted inside the unit. Daytime gathering limits further restrict guest counts during events.
San Jose requires all short-term rental operators to register the property, obtain a Business Tax Certificate, and comply with the Incidental Transient Occupancy ordinance codified in Municipal Code Chapter 20.80. Hosts must collect and remit a 10% Transient Occupancy Tax and identify a local contact available 24/7 for complaints.
San Jose caps unhosted short-term rentals at 180 nights per calendar year under Municipal Code Chapter 20.80. Hosted rentals, where the operator remains on-site, have no night limit. The city tracks occupancy through platform data-sharing agreements and complaint-based audits.
San Jose imposes a 10% Transient Occupancy Tax (TOT) on short-term rentals of 30 consecutive days or less, levied under SJMC Chapters 4.72 (6%) and 4.74 (4%). Operators must also obtain a Business Tax Certificate before renting and comply with the Incidental Transient Occupancy provisions in SJMC Title 20 Chapter 20.80 (Part 2.5).
Short-term rentals in San Jose are subject to the same noise standards as all other residential property. SJMC Chapter 10.16 sets a quiet-hours period from 10:00 p.m. to 7:00 a.m., with reduced nighttime decibel limits at the property line, and STR operators must designate a local contact reachable around the clock to respond to noise and nuisance complaints under SJMC Title 20 Chapter 20.80 Part 2.5.
San Jose regulates STRs under SJMC §20.80 Part 2.5. Hosts must obtain a business tax certificate. Owner-occupied rentals have unlimited days; non-owner-occupied are capped at 180 days per year.
Santa Clara County STR hosts typically need at least 500,000 dollars liability insurance, either via a dedicated policy or equivalent platform coverage. Standard HO-3 policies usually exclude STRs.
San Jose allows front-yard fences up to 3 feet tall and side/rear-yard fences up to 6 feet tall without a permit. Fences over 7 feet require a building permit. Corner lots have additional sight-triangle setback restrictions for traffic safety.
San Jose enforces California Health & Safety Code §115920 pool safety requirements, mandating at least two of seven approved drowning-prevention measures. Fence barriers must be 60 inches tall minimum with self-closing self-latching gates. Compliance is verified at permit final and on resale inspections.
San Jose allows fences up to 3 feet in front yards and 7 feet in side/rear yards without a permit under SJMC §20.30.600.
California Civil Code 841 (Good Neighbor Fence Act) presumes equal cost-sharing for boundary fences between Santa Clara County neighbors. Written 30-day notice is required before shared fence work.
Santa Clara County prohibits barbed wire, razor wire, and electrified fences in residential zones. Foothill VHFHSZ areas recommend non-combustible fencing within 5 feet of structures for ember resistance.
Santa Clara County requires building permits for retaining walls over 3 feet tall measured from bottom of footing to top. Hillside and foothill properties often need geotechnical reports and engineered plans.
Santa Clara County unincorporated areas require building permits for fences over 6 feet tall. Side and rear yard fences up to 6 ft are exempt, and front yard fences are limited to 3 ft solid.
San Jose restricts gas-powered leaf blowers through state-mandated emissions rules and local noise limits. California's AB 1346 phases out sales of new gas-powered small off-road engines, and San Jose enforces noise standards under Municipal Code Title 20 when blowers operate outside daytime hours or exceed residential decibel limits near property lines.
Outdoor amplified music in San Jose is regulated under the noise ordinance and the Special Events permitting process. Residential backyard parties must comply with dBA limits and quiet hours after 10:00 PM. Commercial venues hosting amplified outdoor music require a Special Events or Entertainment Permit through the Office of Cultural Affairs.
San Jose enforces numeric decibel limits under Municipal Code Chapter 20.100, with residential zones capped at 55 dBA daytime and 50 dBA nighttime measured at the receiving property line. Commercial and industrial zones carry higher ceilings. Exceedances of 5 dBA for any 15-minute period trigger violation, and sustained exceedances prompt Code Enforcement action.
San Jose enforces residential noise limits of 55 dBA daytime and 45 dBA nighttime under SJMC Chapter 10.16, with quiet hours from 10 PM to 7 AM.
Industrial noise in unincorporated Santa Clara County must comply with the County Noise Ordinance and CEQA thresholds. Industrial-zone limits are 70 dBA day and 65 dBA night at property lines.
Santa Clara County regulates amplified music through its noise ordinance with decibel limits and quiet hours. Outdoor amplified sound generally requires a permit and must meet property-line limits.
Aircraft noise is regulated federally by the FAA, not by Santa Clara County. San Jose International (SJC) operates under an FAA Part 150 noise compatibility program with a voluntary curfew from 11:30 PM to 6:30 AM.
San Jose permits tiny homes on foundations as Accessory Dwelling Units under California Government Code §65852.2 and local ADU ordinance. Movable tiny homes on wheels (THOWs) can qualify as ADUs if they meet ANSI 119.5 or HUD standards and are installed with utilities. Homeless tiny-home villages operate under city-sanctioned programs.
San Jose regulates ADUs and JADUs under San Jose Municipal Code §20.30.150, originally updated by the City Council in mid-2018 and amended to track state law. Detached ADUs are capped at 1,200 sq ft (on lots of 9,000 sq ft or larger; 1,000 sq ft cap on smaller lots), and JADUs at 500 sq ft within the primary single-family dwelling.
San Jose allows conversion of an existing garage to an ADU or JADU under SJMC §20.30.150, consistent with California Government Code §65852.2. No replacement parking is required when an existing garage is converted to an ADU, and the existing setbacks are preserved for the conversion footprint.
San Jose regulates carports as part of off-street parking under San Jose Municipal Code Chapter 20.90 (Parking and Loading), with the citywide parking minimum repealed by the Council on December 6, 2022 and effective April 10, 2023. Carports built as accessory structures are still permitted but no longer mandated, and the standard 90-degree parking stall under Table 20-220 is 9 feet wide by 18 feet long.
San Jose processes ADU applications ministerially under San Jose Municipal Code Section 20.30.150 with a 60-day decision deadline mandated by California Government Code Section 65852.2. Detached new-construction ADUs are capped at 800 sq ft with a 4-foot rear and side setback. Conversions of existing space (garage, basement) face no separate setback, and attached ADUs may reach 1,200 sq ft or 50 percent of the main dwelling, whichever is less. Submittal is through the Permit Center.
Under California Government Code Section 65852.2(f)(3) and San Jose Municipal Code Section 20.30.150, ADUs under 750 sq ft are exempt from all city impact fees including the Building and Structure Construction Tax, the Commercial-Residential-Mobile Park Tax, and park dedication fees. ADUs of 750 sq ft or larger pay impact fees prorated by floor area relative to the primary dwelling. Utility connection fees are capped for conversions of existing space.
Standard ADUs permitted between January 1, 2020 and January 1, 2025 carry no owner-occupancy requirement under California Government Code Section 65852.2(a)(6) and SJMC 20.30.150. AB 976 (2023) made that prohibition on owner-occupancy mandates permanent. Owners may rent both the main house and the ADU to separate long-term tenants. Junior ADUs (JADUs) up to 500 sq ft within the primary dwelling still require the owner to live on-site in either the JADU or the main house.
San Jose prohibits short-term rentals of ADUs and JADUs. Under SJMC 20.30.150 and SJMC 20.80.460, both ADUs and Junior ADUs may only be rented for terms of 31 days or longer. Hosted short-term rentals (under 30 days) are only allowed in the primary dwelling. Long-term rentals of standard ADUs face no owner-occupancy requirement, but JADUs remain tied to owner occupancy of either unit.
Sheds in San Jose count toward rear yard coverage. Total rear yard structure coverage may not exceed 40% or 800 sq ft (whichever is greater). Structures over 650 sq ft need a Special Use Permit.
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.
Santa Clara County hot tubs over 18 inches deep need a building permit and must use VGB Act anti-entrapment drains. A locking ASTM F1346 safety cover satisfies most barrier requirements.
Santa Clara County requires a building permit for pools and spas over 18 inches deep, with mandatory compliance to the California Swimming Pool Safety Act (H and S 115920) drowning prevention rules.
Residential pools and spas in unincorporated Santa Clara County are governed by California Health and Safety Code Sections 115920 through 115929 (the Pool Safety Act), enforced through the California Building Standards Code as adopted in County Title B. Section 115922 requires at least two of seven drowning prevention features whenever a pool or spa is built or remodeled. Zoning Ordinance Section 4.20.020(J) adds a five-foot setback for pools and pool equipment from any property line.
California's Swimming Pool Safety Act covers above-ground pools deeper than 18 inches, requiring uniform drowning-prevention features and barriers regardless of pool type.
California Penal Code section 53071 preempts most local firearm regulation, but San Jose enacted a first-in-the-nation gun harm reduction insurance and fee ordinance under its police powers in 2022.
San Jose Police Department issues California concealed carry weapon (CCW) permits under state law, applying objective shall-issue standards after SB-2 reshaped sensitive places where carry is prohibited.
California prohibits open carry of loaded and unloaded handguns and long guns in public statewide, leaving San Jose with no separate municipal rule because the state ban already applies citywide.
California Penal Code section 25400 prohibits concealed carry in vehicles without a permit, and transport must follow strict unloaded and locked-container rules that San Jose enforces alongside state agencies.
Under the San Jose Apartment Rent Ordinance, landlords of pre-1979 apartments may pass through certain capital improvement, debt service, and utility costs only with Housing Department approval. Add-ons must be itemized and sunset when costs fully amortize.
Under San Jose's Tenant Protection Ordinance, landlords ending an apartment tenancy for no-fault reasons must pay tiered relocation assistance. Amounts equal multiple months of rent and add a higher tier for qualified vulnerable households.
California Civil Code 1950.5, amended by AB-12 effective July 2024, caps residential security deposits at one month's rent for most landlords. San Jose follows state law without adding a local cap or registration requirement.
San Jose's Tenant Buyout Ordinance regulates cash-for-keys deals at covered apartments. Landlords must serve a written disclosure of tenant rights, allow a 30-day rescission period, and file the executed agreement with the Housing Department.
Under San Jose's Tenant Protection Ordinance, a landlord may end a covered tenancy without tenant fault only for owner or relative move-in, Ellis Act withdrawal, demolition, or substantial remodel. Each path requires advance notice and relocation pay.
San Jose's Tenant Anti-Harassment Ordinance prohibits 14 categories of landlord conduct designed to pressure covered tenants out, including utility shutoffs, lockouts, threats, false notices, and refusal to accept rent. Violations carry civil penalties and tenant damages.
California Government Code 12955 bans landlord discrimination based on a tenant's lawful source of income, including Section 8 vouchers and other government rental assistance. San Jose enforces these protections through state agencies and its rental rights program.
The Santa Clara County Housing Authority administers Section 8 Housing Choice Vouchers across San Jose. Landlords must accept voucher holders under California source-of-income protection and follow SCCHA inspection, payment-standard, and contract rules.
San Jose requires landlords of rent-stabilized units to register with the City's Rent Stabilization Program. Landlords must pay an annual Rental Unit Tax and provide tenants with notices of their rights under the Apartment Rent Ordinance. The registration requirement applies to all rental units in buildings with 3+ units that received a certificate of occupancy before September 7, 1979. The City maintains a database of registered rental properties for program administration and tenant protection.
San Jose's Ellis Act and Tenant Protection Ordinance under SJMC Chapter 17.23 requires just cause for eviction of tenants in rent-stabilized units. Landlords must demonstrate one of the enumerated just cause grounds including nonpayment of rent, breach of lease, nuisance, illegal use, owner move-in, or withdrawal from the rental market (Ellis Act). Additionally, California's Tenant Protection Act (AB 1482) provides just cause eviction protections statewide for tenancies of 12+ months in covered properties.
San Jose's Apartment Rent Ordinance (ARO) under SJMC Chapter 17.23 is one of California's strongest local rent control laws. The ARO covers rental units in buildings with 3+ units that received a certificate of occupancy before September 7, 1979. Annual rent increases are capped at 5% of the current rent. Landlords must petition the Rent Stabilization Program for increases exceeding the annual allowable amount. The City also enforces the statewide Tenant Protection Act (AB 1482) for units not covered by the local ordinance.
San Jose Municipal Code Chapter 6.86 imposes one of California's most rigorous tobacco retail licensing schemes, requiring annual permits, density caps, school buffers, and compliance inspections covering all vape and tobacco sellers.
Federal Tobacco 21 law and California SB-793 set a hard 21-year-old minimum for tobacco and vape sales in San Jose, with no exceptions for military or grandfathering, enforced through retail license inspections.
San Jose's 2018 flavored tobacco sales ban under SJMC 6.86 prohibits menthol, fruit, candy, and mint flavors in tobacco and vape products citywide, predating California's statewide SB-793 ban now in effect.
San Jose enforces a 1,000-foot buffer between cannabis dispensaries (medical marijuana collectives) and schools, parks, libraries, community centers, daycares, and treatment facilities under SJMC Section 20.80.495, exceeding the 600-foot baseline set by California law.
Commercial cannabis activity in San Jose, including the city's permitted medical marijuana collectives, is limited to designated light-industrial zoning districts under SJMC Section 20.80.495 and Title 20, with strict separation from residential zones, schools, parks, and other sensitive uses.
San Jose runs a limited cannabis equity assistance program built on California's MAUCRSA framework, channeling state Cannabis Equity Grant funds toward fee deferrals and technical assistance for applicants harmed by past cannabis enforcement in the city's regulated medical-marijuana retail market.
Cannabis delivery in San Jose is permitted only by California Department of Cannabis Control-licensed retailers and microbusinesses with a delivery endorsement; deliveries to San Jose addresses follow state transport, manifest, GPS, and age-verification rules under California Code of Regulations Title 4.
Adults 21 and older in San Jose may cultivate up to six cannabis plants per residence for personal use under California Proposition 64 and Health and Safety Code Section 11362.1, with indoor cultivation expressly protected and outdoor cultivation subject to local visibility and security rules.
San Jose regulates commercial cannabis operations under SJMC Chapter 6.88. Dispensaries and retail cannabis businesses require a Cannabis Regulatory Permit from the City and must comply with strict zoning requirements. Cannabis businesses are generally limited to commercial and industrial zoning districts and must maintain buffer distances of at least 150 feet from schools, 1,000 feet from other cannabis businesses, and specified distances from residential zones, parks, and community centers.
Under California Proposition 64 and SJMC Chapter 6.88, adults 21+ may cultivate up to six cannabis plants per residence for personal use. Plants must be grown indoors or in a secure, enclosed area not visible from public right-of-way. San Jose does not require a permit for personal cultivation within these limits. Medical patients with a physician's recommendation may cultivate additional plants as allowed under state law (Health & Safety Code §11362.77).
San Jose's Polystyrene Foam Foodware Ordinance under SJMC Chapter 9.10, effective 2014, prohibits restaurants and food vendors from using expanded polystyrene cups, plates, clamshells, and trays citywide.
California AB-1884 prohibits dine-in restaurants from automatically providing plastic straws unless requested, and San Jose layers SJMC Chapter 9.10 single-use foodware rules pushing toward compostable or paper alternatives.
California Assembly Bill 1276 (Health and Safety Code Section 42271) prohibits food-service businesses statewide from automatically providing single-use foodware accessories, requiring customer request first. San Jose enforces alongside SJMC Chapter 9.10 single-use foodware rules.
San Jose adopted its Bring Your Own Bag (BYOB) Ordinance effective January 1, 2012, banning single-use plastic carryout bags at all retailers (one of the earliest large-city bans). Paper bags carry a minimum 10-cent fee with 40% recycled content. SB 1053 ends the thicker reusable plastic exemption January 1, 2026.
San Jose sets its own minimum wage above California's state floor. SJMC Chapter 4.100 requires covered employers to pay city-set rates that adjust each January based on the regional Consumer Price Index.
California SB-616 (Labor Code §246) requires at least 40 hours or five days of paid sick leave annually. San Jose has not enacted its own city paid-leave ordinance, so the state floor controls for San Jose workers.
San Jose's Opportunity to Work Ordinance (SJMC Chapter 4.101, 2017) requires employers with 36 or more workers to offer additional hours to qualified part-time employees before hiring new staff or using subcontractors.
California Senate Bill 525 (Labor Code Section 1182.14) sets a phased healthcare-worker minimum wage rising to $25 per hour. San Jose has no separate healthcare-industry wage and defers to state law for covered hospital and clinic employees citywide.
San Jose is a Welcoming City under City Council resolutions affirming sanctuary policy, and California SB-54 (Values Act) bars city resources from federal civil immigration enforcement absent a judicial warrant.
Federal law does not mandate E-Verify for most private employers, and California AB-1236 (Labor Code §2814) bars cities including San Jose from requiring private employers to enroll. San Jose imposes no E-Verify mandate.
California Civil Code §3482.5 shields established agricultural operations from nuisance suits after three years of consistent activity. San Jose applies the state rule; the city has no separate right-to-farm ordinance beyond zoning.
SJMC Title 20 establishes the A (Agriculture) zone for limited farming and ranching, concentrated in Coyote Valley and parts of Almaden. Urban-agriculture provisions allow community gardens and limited produce sales citywide.
San Jose has no city health department, so Santa Clara County Department of Environmental Health inspects every restaurant, market, and mobile food unit in the city. SCC uses online numerical scoring rather than letter-grade placards, with reports searchable on the DEH portal.
San Jose Municipal Code Title 8 lets the city abate rodent harborage as a public nuisance, while Santa Clara County Vector Control District handles outdoor surveillance and resident complaints. California AB-1788 bans second-generation anticoagulant rodenticides for non-licensed users to protect raptors and bobcats.
California Civil Code §1954.603 requires every San Jose landlord to give tenants a written bed-bug information notice and disclose known infestations before signing a lease. SJ Code Enforcement and SCC DEH handle complaints; treatment cost typically falls on the landlord under habitability law.
California Health and Safety Code §118286 bans home-generated sharps from trash and recycling. Santa Clara County Public Health and the SCC S.A.F.E. (Sharps Assistance For Everyone) Centers distribute free containers and operate drop-off sites across San Jose. Mail-back kits are also available.
Calorie labeling on San Jose menus is governed by federal FDA rules at 21 CFR §101.11, which require chains with 20 or more locations to post calorie counts. Santa Clara County DEH inspectors check compliance during routine retail food inspections. California AB-1100 adds beverage warnings.
Under California Health and Safety Code §113948, every food handler in San Jose must obtain an ANSI-accredited food handler card within 30 days of hire. Cards are valid for three years. Santa Clara County DEH inspectors verify compliance during routine retail food inspections.
San Jose has no standalone healthy food retail ordinance. Santa Clara County Public Health Department's Healthy Stores and food-access programs operate citywide alongside California's Nutrition Incentive Program and CalFresh Healthy Living to expand fresh food in underserved neighborhoods.
California Title 24 Part 6 sets cool-roof solar reflectance and thermal-emittance minimums for low-slope and steep-slope roofs. San Jose reach codes under SJMC Chapter 17.84 layer additional efficiency requirements on new construction and major reroofs.
San Jose properties in mapped Very High Fire Hazard Severity Zones, including Almaden Valley and Coyote Valley, must maintain 100 feet of defensible space around structures under California Public Resources Code §4291, with annual San Jose Fire Department inspections.
California Code of Regulations Title 13 §2485 caps heavy-duty diesel truck idling at five minutes statewide, and §2480 prohibits school-bus idling near schools. San Jose enforces these limits through Bay Area Air Quality Management District and police officers.
San Jose Ordinance 30739, adopted 2022, bans the use, sale, and rental of gas-powered leaf blowers citywide. California AB-1346 separately phases out new small off-road gas engine sales statewide starting 2024 through CARB.
San Jose adopted Climate Smart San Jose in 2018 and committed to community-wide carbon neutrality by 2030. Reach codes under San Jose Municipal Code Chapter 17.84 require all-electric new construction and accelerated building decarbonization citywide.
San Jose's Sustainable Procurement Policy directs all departments to specify environmentally preferable products in contracts, including recycled-content paper, low-VOC supplies, EPEAT-rated electronics, and zero-emission fleet vehicles wherever commercially available.
San Jose Public Works runs cool-pavement pilot installations applying reflective coatings to selected city streets to reduce surface temperatures, lower urban heat island effect, and support Climate Smart San Jose adaptation goals in heat-vulnerable neighborhoods.
Climate Smart San Jose targets a 25% citywide tree canopy by 2040 to mitigate urban heat island effects. The Community Forest Management Plan and tree-protection rules guide planting, replacement, and species selection across public and private property.
San Jose enforces strict stormwater management under Municipal Code Chapter 20.95 and the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) NPDES permit. All new development and redevelopment projects disturbing 10,000+ sq ft must implement post-construction stormwater treatment per the C.3 provisions. Low Impact Development (LID) measures such as bioretention, pervious paving, and green roofs are required. Illicit discharges to the storm drain system are prohibited under SJMC §20.95.300.
San Jose requires erosion and sediment control plans for all construction and grading activities under SJMC Title 17 (Building Code) and Title 20 (Zoning). Projects disturbing one or more acres must file a Notice of Intent with the State Water Resources Control Board and prepare a Stormwater Pollution Prevention Plan (SWPPP). The City enforces erosion controls during the rainy season (October 15 through April 15) with heightened inspection and compliance requirements.
San Jose is an inland city located at the southern end of San Francisco Bay and is not within the California Coastal Commission's jurisdiction. The Coastal Act's coastal development permit requirements do not apply to San Jose. However, development near waterways, wetlands, and the bayfront is subject to local environmental review, CEQA compliance, and permits from agencies such as the US Army Corps of Engineers and the San Francisco Bay Conservation and Development Commission (BCDC) for projects within 100 feet of the bay shoreline.
San Jose has significant flood risk areas along Coyote Creek, Guadalupe River, and other waterways. SJMC Chapter 17.08 establishes floodplain management regulations implementing FEMA's National Flood Insurance Program (NFIP). Properties in Special Flood Hazard Areas (SFHA) must comply with elevation requirements, flood-proofing standards, and development restrictions. The February 2017 Coyote Creek flood prompted major infrastructure investments and updated floodplain mapping.
San Jose regulates grading and drainage through SJMC Chapter 17.04 (Grading Ordinance) and Title 20 (Zoning). A grading permit is required for excavation or fill exceeding 50 cubic yards, cuts or fills exceeding 5 feet in depth, or any grading on slopes steeper than 20%. All grading must maintain pre-development drainage patterns or provide engineered drainage solutions that prevent adverse impacts to neighboring properties.
San Jose's Green Building Ordinance (SJMC Chapter 17.84) plus its CALGreen Tier 1/Tier 2 reach code require new construction to meet enhanced energy, electrification, water-efficiency, and EV-readiness standards beyond statewide California Green Building Standards Code Title 24 Part 11.
San Jose requires automatic fire sprinklers in all new one- and two-family dwellings and townhouses under California Residential Code R313, adopted locally through SJMC Title 17 and enforced by the San Jose Fire Department's Bureau of Fire Prevention.
Childcare centers in San Jose need both a state license from the California Department of Social Services Community Care Licensing Division and local building, fire, and zoning approvals under SJMC Title 17 and Title 20, including playground and emergency-egress standards.
California Fire Code §1010 (adopted by San Jose through SJMC Title 17 and Title 9) regulates door locking, panic hardware, and electromagnetic locks on egress doors. Public-facing doors in assembly, education, and high-occupancy buildings need single-action egress release.
San Jose's zoning code (SJMC Title 20) controls oversized single-family construction through floor-area ratio, lot coverage, height, and daylight-plane setback rules tied to each base zone (R-1, R-2, R-M), preventing out-of-scale homes that overshadow neighbors.
Santa Clara County pre-1978 home renovation follows EPA RRP rules and CA Health and Safety Code 17920.10. Contractors disturbing more than 6 sq ft interior or 20 sq ft exterior painted surfaces must be lead-certified.
Santa Clara County elevators are regulated by Cal/OSHA under Labor Code 7300 to 7324. Every conveyance needs annual inspection and a current permit. HOA and condo elevators follow commercial rules.
Santa Clara County pest control follows CA DPR and County Ag Commissioner rules under Food and Ag Code 11701. Licensees register yearly and notify neighbors before fumigation. Tenants get 24 hour notice.
Santa Clara County scaffolding follows CA Labor Code 7150 through 7157 and Title 8 CCR 1635 to 1662. Scaffolds over 36 feet need engineered plans. All must have guardrails, toeboards, and pre-shift inspection.
California Government Code §65915 grants developers up to 50–80 percent density bonuses, parking reductions, and three concessions for restricting units to lower-income or moderate-income tenants. San Jose implements the state law through SJMC Title 20 and Title 18.27 inclusionary housing.
San Jose's land-use framework combines Envision San Jose 2040 General Plan, the Diridon Station Area Plan, North San Jose Area Development Policy, and 70+ Urban Villages with focused growth areas around transit, layered over SJMC Title 20 zoning.
San Jose's transit-oriented development strategy concentrates housing and jobs around BART, Caltrain, light rail, and high-frequency bus through the Diridon Station Area Plan, 70+ Urban Villages, and reduced parking minimums in the Envision 2040 General Plan.
San Jose Municipal Code Chapter 6.86 requires every tobacco and electronic-smoking-device retailer to hold a city Tobacco Retail License. The ordinance bans flavored tobacco, sales by pharmacies, and sets density and proximity limits.
San Jose smoke shops, vape stores, and hookah lounges must hold a Tobacco Retail License under SJMC 6.86, comply with the flavor ban, and meet Title 20 zoning that limits where new tobacco-specialty retailers may locate.
San Jose restricts adult bookstores, theaters, and cabarets to limited industrial zones under Title 20 zoning. Operators must obtain a regulated use permit and stay outside buffer distances from schools, parks, churches, and homes.
California Business and Professions Code Section 4600 requires individual massage therapists to be certified by CAMTC. San Jose layers a local massage establishment permit through SJMC Chapter 6.92 covering operators, premises, and inspections.
California's Safe Body Art Act and Penal Code 653 govern tattooing, piercing, and branding. In San Jose, the Santa Clara County Department of Environmental Health issues body art facility and practitioner registrations, and minors face strict consent rules.
California Business and Professions Code Section 21626 and SJMC Chapter 6.18 require secondhand dealers to obtain a state license through SJPD, hold purchases for 30 days, and report every transaction electronically.
California Financial Code Section 21000 governs pawnbrokers, with rate caps and reporting duties. SJMC Chapter 6.18 layers a San Jose Police pawnbroker permit, daily CAPSS reporting, and a 30-day hold on every pledged item.
San Jose Municipal Code Title 20 zoning prohibits operating a commercial automotive repair business out of a residence. Home occupation rules forbid customer vehicle traffic, outdoor storage, hazardous materials, and noisy mechanical work in residential zones.
California Vehicle Code Section 22658 governs private property and police-initiated tows. San Jose Police Department runs an Official Police Tow program that vets, inspects, and rotates tow operators handling police-ordered tows in the city.
Measure E, approved by San Jose voters in 2020 and codified at SJMC 4.59, imposes a tiered real property transfer tax on sales above $2 million. Rates rise from $7.50 per $1,000 to $15 per $1,000, with revenue dedicated to affordable housing and homelessness prevention.
SJMC Chapter 4.74 imposes a 10% Parking Tax on the gross receipts of every commercial parking lot, garage, and valet operator in San Jose. Operators collect from customers, file monthly returns with the Finance Department, and remit, with audits and penalties for non-collection.
San Jose voters approved Measure M in November 2024 authorizing an Empty Homes Tax on residential units left vacant more than half the year. Owners must self-report annually; revenue funds affordable housing and homelessness services, with exemptions for owner death, repairs, and active marketing.
SJMC Chapter 18.27 requires residential developers of 20 or more units to make 15% of units affordable or pay an in-lieu fee. SJMC Chapter 18.31 imposes a Commercial Linkage Fee on new office, R&D, and warehouse projects to fund affordable housing.
SJMC Chapter 4.76, modernized by Measure G in 2016, taxes every business operating in San Jose based on gross receipts and number of employees. The tax includes a small-business exemption, annual CPI indexing, and a base unit charge plus per-employee charges for larger employers.
San Jose has a limited inventory of pre-1980 non-ductile concrete buildings and has not adopted a mandatory retrofit ordinance. Voluntary seismic evaluations are encouraged following ASCE 41 standards, with statewide AB-2681 requiring jurisdictions to inventory at-risk concrete buildings.
California SB-721 and SB-326 (the Balcony Bill) require statewide periodic inspections of exterior elevated elements (balconies, decks, walkways) on multifamily buildings of three or more units, with the first inspection due January 1, 2025.
San Jose's mandatory soft-story retrofit ordinance (No. 31123) targets approximately 3,500 wood-frame buildings containing about 25,000 housing units. Originally effective April 1, 2025, City Council delayed the start to April 1, 2026. Buildings are divided into three groups: Group 1 (pre-1978, 5+ units) must complete retrofit by April 2031, Group 2 (1978-1990, 5+ units) by April 2032, and Group 3 (pre-1990, 3+ units) by April 2033.
San Jose follows the California Existing Building Code (CEBC) Chapter A3 for foundation anchoring of older wood-frame homes. Pre-1978 homes without bolted sill plates should be anchored to foundations. The state Earthquake Brace + Bolt (EBB) program offers up to $3,000 in incentives for qualifying homeowners in high-risk San Jose ZIP codes near the Hayward and Calaveras faults.
San Jose follows the California Unreinforced Masonry Building Law (Government Code §8875) requiring identification and mitigation of URM buildings constructed before 1934. Under San Jose Municipal Code and CEBC provisions, URM building owners must post earthquake risk notices and may be required to retrofit or demolish. San Jose has a relatively small URM inventory compared to older California cities.
San Jose follows California Plumbing Code and local building code requirements for seismic gas shutoff valves (SGSOV). Installation is required for new construction, certain permitted renovations, and at point of sale. Valves must be installed downstream of the gas meter and carry manufacturer warranties. San Jose is served by PG&E, which provides gas shutoff guidance for seismic safety.
Urinating or defecating in public view violates San Jose Municipal Code Chapter 10.06 and California Penal Code section 647(c) when conduct is offensive, with citations issued downtown, near bars, and during major events.
San Jose prohibits aggressive solicitation under SJMC Chapter 10.40, targeting threatening conduct, blocking pedestrians, and panhandling near ATMs, bus stops, and outdoor dining, while protecting passive requests as constitutionally protected speech.
San Jose Municipal Code section 11.32.380 prohibits skateboarding on sidewalks within designated business districts, while parks rules restrict skateboarding to designated facilities like Lake Cunningham Action Sports Park and Roosevelt Skate Park.
San Jose enforces loud party rules through SJMC Chapter 10.06 disturbing the peace, California Penal Code section 415, and a second-response cost recovery program billing hosts for SJPD return visits within twenty-four hours.
Generic loitering enforcement is constitutionally limited under California cases. SJPD applies California Penal Code section 647(b) prostitution loitering and 647(h) loitering on private property only with specific predicate intent.
San Jose's Smoke-Free Air Ordinance under SJMC Chapter 8.36 prohibits smoking and vaping in city parks, transit stops, outdoor dining, multi-unit housing units, and balconies, with one of California's strongest local rules.
California Assembly Bill 2147, the Freedom to Walk Act, prohibits jaywalking citations unless a reasonably careful person would foresee immediate collision risk, dramatically reducing pedestrian stops and equity-focused enforcement statewide.
California Health and Safety Code section 11362.3 prohibits cannabis consumption in public places, vehicles, and within one thousand feet of schools, with San Jose adding parks and smoke-free zones to restricted areas.
San Jose Municipal Code Chapter 10.16 and California Business and Professions Code section 25620 prohibit drinking or possessing open alcohol containers in public streets, parks, sidewalks, and parking lots, with limited entertainment district exceptions.
San Jose Water Company customers and Valley Water (Santa Clara Valley Water District) service area face permanent outdoor-watering limits: no watering between 10 a.m. and 8 p.m., no runoff, no watering within 48 hours of rain, with stricter caps during drought stages.
Valley Water and partner retailers operate recycled water programs distributing tertiary-treated water through purple-pipe systems for irrigation and industrial use. South Bay Water Recycling and the SVAWPC supply Santa Clara County under California Code Title 22 standards.
SJMC Chapter 4.72 imposes a 10% Transient Occupancy Tax on every hotel, motel, and short-term rental stay under 30 days in San Jose. Operators register, collect from guests, and remit monthly to Finance, on top of a separate Tourism Improvement District assessment.
San Jose's 2020 Hotel Worker Right of Recall ordinance and California SB-93 require hotel operators to offer laid-off workers their old jobs back when positions reopen. Recalls go to laid-off workers in seniority order before new hires, with private right of action for violations.
SJMC Chapter 4.100 requires city service contractors and tenants at Mineta San Jose International Airport to pay a living wage well above state minimum, indexed annually. Health benefits offset is allowed; covered workers also accrue paid sick leave and protections against retaliation.
Unlike Los Angeles, San Jose has no LAMC §41.18 equivalent. SJMC Chapter 13.44 prohibits camping in parks, SJMC Chapter 10.06 restricts overnight stays on city property, and SJMC Chapter 6.36 limits oversized-vehicle and RV parking. Enforcement must comply with Martin v. Boise.
San Jose enforces sit/lie and camping restrictions through SJMC Chapter 10.06, SJMC Chapter 13.44 (parks), and traffic laws on sidewalk obstruction. Constitutional limits from Martin v. Boise and Johnson v. Grants Pass require shelter availability before criminal enforcement of sleeping outdoors.
San Jose Department of Public Works conducts encampment abatements with at least 72-hour written notice, offers shelter through outreach, and stores unattended personal property for 90 days under Lavan v. Los Angeles (9th Cir. 2012). Hazardous waste is handled under California EPA standards.
San Jose has aggressively expanded interim housing through California Project Homekey hotel conversions and modular Emergency Interim Housing villages. SJMC zoning amendments and AB-2553 streamline siting in commercial and industrial zones, with state CEQA exemptions for qualifying projects under Government Code §65660.
San Jose Municipal Code Title 20 zoning requires outdoor security and floodlights to be fully shielded and aimed downward to prevent glare and trespass onto neighboring properties. Eastern hillside areas near Mt. Hamilton fall under additional dark-sky measures protecting Lick Observatory's astronomical research.
Temporary holiday and seasonal lighting displays in San Jose are exempt from the city's standard outdoor-lighting shielding and Kelvin requirements when installed and removed within a reasonable seasonal window. Excessive brightness, traffic hazards, or extended runs can still trigger nuisance enforcement.
San Jose Municipal Code Title 23 caps billboard luminance, requires automatic dimming after dusk, and prohibits animation or flashing. The Highway Advertising Control Act and Caltrans separately enforce statewide brightness rules on digital billboards visible from California freeways.
San Jose addresses light trespass through its outdoor lighting standards and nuisance provisions in SJMC Title 20 (Zoning). Outdoor lighting on commercial and residential properties must be directed downward and shielded to prevent light from spilling onto adjacent properties. Complaints about light trespass can be filed with the City's Code Enforcement Division, which evaluates whether lighting constitutes a nuisance under the municipal code.
San Jose enforces a low-pressure sodium-preferred outdoor lighting ordinance to protect Lick Observatory on Mount Hamilton. All new fixtures must be fully shielded, and color temperature is capped at 2700K in observatory-proximate zones. Non-essential lighting must extinguish by 11:00 PM.
Helicopter operations over San Jose are regulated almost entirely by the FAA under 49 USC §40103, not by city noise code. SJMC Title 20.100 noise rules cannot dictate flight altitudes or routes. Residents can file complaints with the FAA Western-Pacific Region or Mineta SJC noise office.
SJMC Title 20.100 limits construction equipment noise at residential property lines to 75 dBA daytime, with work permitted only between 7 a.m. and 7 p.m. weekdays and 9 a.m. to 7 p.m. weekends. Pile drivers, jackhammers, and impact tools require additional mitigation under California Building Code chapters.
California Vehicle Code §27007 prohibits operating any vehicle with modified or defective exhaust systems exceeding statutory decibel limits. SJMC Title 11 covers loading-zone hours and back-up alarms. Residential overnight delivery noise is also limited by SJMC 20.100 nighttime ambient standards of 50 dBA.
Norman Y. Mineta San Jose International (SJC) and Reid-Hillview Airport publish voluntary helicopter and fixed-wing noise abatement procedures under FAA Part 150. Routes follow Highway 101 and Coyote Creek to avoid neighborhoods. Compliance is voluntary because federal law preempts mandatory local flight restrictions.
Mineta SJC and Reid-Hillview restrict aircraft engine maintenance runups to designated pads during specified daytime hours under their FAA Part 150 noise compatibility programs. Nighttime runups generally require special permission. Operators ignoring local procedures face airport access discipline rather than city citations.
Hospital helipads at Santa Clara Valley Medical Center, Good Samaritan, and Kaiser San Jose are permitted under SJMC Title 17 building rules and California Department of Public Health licensing. FAA regulates flight operations; city environmental review imposes flight-path mitigation, but emergency medical transports are exempt from local noise limits.
SJMC Chapter 20.100 lets Code Enforcement measure low-frequency bass on the C-weighted decibel scale and apply a 5 dB penalty when dB(C) minus dB(A) exceeds 10. Bass complaints from clubs, car audio, and home theaters can be cited even when A-weighted readings appear within limits.
San Jose regulates HVAC equipment noise under SJMC Chapter 20.30 (zoning) and Chapter 10.16 (noise). Mechanical equipment must be set back at least 5 feet from the rear property line and screened with a 5-foot masonry wall or solid fence. Noise must not be plainly audible past the property line during nighttime hours.
San Jose regulates entertainment venue noise under SJMC Chapter 10.16 and conditional use permit requirements. Bars and nightclubs near residential areas face strict enforcement for music and patron noise. Venues require entertainment permits and must contain sound within the premises.
San Jose regulates car alarm noise under SJMC Chapter 10.16 general noise provisions and California Vehicle Code Section 27007. Alarms that sound continuously and disturb the peace may be cited. Vehicle noise audible beyond 50 feet from a parked vehicle on public property is a violation.
San Jose regulates generator noise under SJMC Chapter 10.16 general noise provisions. Portable and standby generators must not produce noise plainly audible past the property line during nighttime hours (10 PM–7 AM) or exceed 75 dB(A) at the property boundary in residential areas.
Most of San Jose lies within controlled airspace around Mineta SJC, Reid-Hillview, and the San Martin general aviation airport. FAA Part 107 and recreational pilots must obtain Low-Altitude Authorization (LAANC) before flying drones in these zones, and altitudes are capped well below the standard 400 feet.
FAA Temporary Flight Restrictions automatically establish drone no-fly zones over Levi's Stadium 49ers games, SAP Center events, and other large gatherings. San Jose adds local rules under SJMC Title 13 and venue policies; violators face FAA penalties and criminal charges under California Penal Code §402.
San Jose restricts drone use in city parks under SJMC §13.44.140 and related Parks, Recreation and Neighborhood Services rules. Most parks prohibit launching and landing without a permit, while a few designated areas (such as Lake Cunningham Action Sports Park's vicinity) have been used by AMA hobby clubs. Stadium TFRs apply around PayPal Park and SAP Center.
Recreational drone operation in San Jose is governed primarily by FAA regulations (14 CFR Part 107 and the Exception for Limited Recreational Operations under 49 USC §44809). San Jose does not have a comprehensive local drone ordinance but restricts drone use in city parks and near city facilities. Recreational operators must follow FAA rules including flying below 400 feet AGL, maintaining visual line of sight, and avoiding restricted airspace around San Jose International Airport (SJC) and Moffett Federal Airfield.
Commercial drone operations in San Jose require an FAA Part 107 Remote Pilot Certificate. Operators must comply with all Part 107 regulations including flying below 400 feet AGL, maintaining visual line of sight, operating during daylight or civil twilight with anti-collision lights, and yielding to manned aircraft. LAANC authorization is required for operations in San Jose's controlled airspace near SJC and Moffett Field. The City does not require a separate local permit for commercial drone operations.
San Jose imposes demolition delays and CEQA review on City Landmarks, Structures of Merit, and contributing properties in Historic Districts and Conservation Areas under SJMC Chapter 13.48, requiring Historic Preservation Permits before any demolition permit issues.
San Jose protects historic neighborhoods through Historic District (HD) and Conservation Area (CSA) overlay zones under SJMC Chapter 13.48, requiring Historic Preservation Permits for exterior alterations, additions, and demolitions on contributing properties within designated districts.
San Jose offers Mills Act historical property tax contracts under California Government Code Section 50280 for City Landmarks and Structures of Merit, providing reduced property tax assessments in exchange for owner commitments to maintain and rehabilitate historic features.
San Jose designates individual properties as City Landmarks or Structures of Merit under SJMC Chapter 13.48, with City Council approval after Historic Landmarks Commission recommendation, triggering Historic Preservation Permit review for exterior alterations and demolition.
The San Jose Office of Cultural Affairs Film Office issues location permits for commercial filming on city property, public streets, and parks. Standard turnaround is five business days with insurance, traffic plan, and SJPD coordination required for street closures. Daily fees scale with crew size and impact.
The San Jose Film Office offers reduced fees for accredited student productions from San Jose State, De Anza, Stanford, and similar institutions. Students must submit a faculty letter, syllabus, and insurance certificate, but base permit and location fees are waived for noncommercial coursework.
SJMC Chapter 10.18 requires a parade permit from SJPD for any procession of vehicles, persons, or animals that interferes with normal traffic on city streets. Apply at least 30 days ahead with route map, insurance, and SJPD coordination for traffic control and escort officers.
San Jose's Al Fresco SJ outdoor dining program became permanent in 2024 after pandemic-era expansion. Restaurants can use sidewalks, private parking lots, and approved parklets in public right-of-way. Permits run through Planning, Building and Code Enforcement with annual encroachment fees and ADA compliance review.
Block parties requiring street closure in San Jose need a Block Party Application processed through the San Jose Police Department Permits Unit. Applications must be submitted at least 30-45 days before the event depending on scope. The Office of Cultural Affairs coordinates larger street events on public property. Liability insurance and neighborhood notification are typically required.
Events in San Jose parks require permits from the Parks, Recreation and Neighborhood Services Department. A Limited Activity Permit covers events with up to 100 attendees for 2 hours or less. Larger activities need a full Outdoor Special Event Permit Application submitted to the Special Park Use Office. Events on city property require coordination through the Office of Cultural Affairs.
SJMC Chapter 13.32 designates heritage trees including all native oaks, sycamores, and redwoods over 12 inches diameter at breast height. Removal requires a permit, arborist report, and replacement plan. Violations can trigger $10,000 fines per tree plus restitution, plus potential criminal misdemeanor charges.
San Jose Public Works and Department of Transportation manage parkway-strip tree planting between sidewalks and curbs under SJMC Chapter 13.32 and Council Policy 7-12, requiring a Street Tree Planting Permit and use of approved species from the city's street tree list.
San Jose's Community Forest Management Plan and Urban Forest Master Plan, adopted under the Envision San Jose 2040 General Plan, set citywide canopy goals and prioritize tree planting in low-canopy, heat-vulnerable neighborhoods often correlated with historic redlining patterns.
San Jose Municipal Code Chapter 13.32 protects Heritage Trees (any tree formally designated by City Council for size, age, or historical value) and Ordinance-size trees (single-trunk 56-inch circumference, 18-inch DBH; multi-trunk 38-inch). Removal requires a tree removal permit, posting, and 2:1 replacement.
San Jose has one of California's most comprehensive tree protection ordinances under SJMC Chapter 13.32. A Tree Removal Permit is required to remove any ordinance-size tree (circumference of 56 inches or more measured at 4.5 feet above ground, or 38 inches for native species). Permits are issued by the City Arborist and require documented justification such as disease, hazard, or development necessity. Replacement planting is required for all approved removals.
San Jose requires replacement planting for all approved tree removals under SJMC Chapter 13.32. The standard replacement ratio is at least 1:1 with a 15-gallon or larger tree for each ordinance-size tree removed. For Heritage Trees or multiple tree removals on development sites, higher replacement ratios of 2:1 or 3:1 may be required. When on-site replanting is not feasible, developers may pay into the City's Tree Replacement Fund at the appraised value per tree.
San Jose Municipal Code Title 23 (Sign Code) prohibits new off-site outdoor advertising displays citywide and limits electronic message signs in most zones. The California Outdoor Advertising Act and Caltrans permits separately govern any billboard visible from state highways and freeways.
San Jose Municipal Code Title 23 limits permanent window signs in most commercial zones to roughly 25 percent of the window area. Temporary banners, neon, and interior-lit displays count toward overall sign allowance and may need a city sign permit for non-exempt installations.
Any sign visible from US 101, I-280, I-680, I-880, SR-87, or SR-85 in San Jose requires a Caltrans Outdoor Advertising permit under California Business and Professions Code §5200. The city additionally enforces SJMC Title 23 zoning, height, and lighting limits on freeway-facing displays.
San Jose regulates political signs as part of content-neutral temporary sign rules in SJMC Chapter 23. Residential properties may display temporary signs up to 8 square feet per sign without permits. Signs in the public right-of-way are prohibited. The city rewrote sign rules after Reed v Gilbert to apply uniformly to all temporary signs regardless of message.
Seasonal and holiday displays on private residential property in San Jose are generally permitted under SJMC Title 23. Temporary holiday decorations including lights, inflatable displays, and yard decorations do not require permits. Displays must not create traffic hazards, obstruct visibility at intersections, or violate electrical safety codes. There are no specific time limits for residential holiday displays, though the City may enforce nuisance standards if displays create persistent light trespass or safety concerns.
Garage sale signs in San Jose are governed by the temporary sign provisions of SJMC Title 23. Signs advertising garage or yard sales may be placed on the property where the sale is being held without a permit. Off-site directional signs placed on public property, utility poles, or in the right-of-way are prohibited. Signs must be removed immediately after the sale ends.
California Government Code §65850.5 (SB-379 and AB-2188) requires San Jose to expedite small residential solar permits with checklist-only review. The city accepts NREL's SolarAPP+ portal for instant automated approval of qualifying rooftop PV and battery installations, often issuing permits the same day.
California's Community Renewable Energy Program (SB-43) and successor frameworks let renters and customers without rooftops subscribe to off-site shared solar. In San Jose this is delivered through San Jose Clean Energy CCA programs and PG&E's regulated community solar tariffs.
Under the California Solar Rights Act (Civil Code §714), HOAs in San Jose cannot prohibit or unreasonably restrict solar panel installations. HOAs may impose reasonable restrictions related to aesthetics but cannot increase the cost of the system by more than $1,000 or decrease its efficiency by more than 10%. AB 274 (2021) strengthened protections by voiding any CC&R provision that effectively prohibits solar installations and imposing fines on HOAs that delay approvals beyond 45 days.
San Jose requires building permits for solar photovoltaic (PV) installations per SJMC Title 17 and California Solar Permitting Guidebook standards. The City has adopted AB 2188 (now Government Code §65850.5) streamlining solar permits with an expedited review process for residential rooftop systems. Residential systems up to 10 kW on single-family homes typically qualify for over-the-counter approval with a standard plan review taking 1-3 business days.
California Senate Bill 1383 requires every San Jose household and business to separate food scraps and yard waste from trash starting 2022. San Jose's residential haulers (GreenWaste, Recology, Garden City) collect organics weekly, with violations subject to escalating administrative fines.
San Jose offers weekly curbside yard-trimmings pickup as a loose pile placed at the curb, plus optional cart service. Materials are mulched or composted under California SB 1383. Christmas trees are collected free for two weeks after Christmas.
San Jose mandates recycling and organics diversion under SJMC Chapter 9.10 and California's SB 1383 (organics recycling) and AB 341 (commercial recycling). All residents and businesses must separate recyclables and organic waste from garbage. The City's three-cart system makes source separation mandatory. Commercial generators producing 2+ cubic yards of waste per week must have recycling service. Multi-family properties with 5+ units must provide recycling and organics collection per SB 1383.
San Jose requires carts to be placed at the curb with lids closed and handles facing the house, at least 3 feet apart from each other and from obstacles such as vehicles, mailboxes, and utility poles. Carts must be placed on the street side of the sidewalk with wheels touching the curb. On streets without curbs, carts should be placed at the edge of the roadway. Carts must not block sidewalks, driveways, or bike lanes.
San Jose provides curbside collection of garbage, recycling, and organics through a contracted waste hauler. Collection occurs weekly on assigned days. Carts must be placed at the curb by 6:00 AM on collection day with handles facing the house. Carts should be set out no earlier than 5:00 PM the day before collection and retrieved by midnight on collection day. The City provides three carts: blue for recycling, green for organics/yard waste, and brown/gray for garbage.
San Jose offers free bulky item pickup for residential customers through the City's waste collection program. Residents may schedule up to two free bulky item pickups per year for items such as furniture, appliances, mattresses, and large electronics. Items must be placed at the curb on the scheduled day. The City also operates the San Jose Reuse and Recycling Center for drop-off of large items, construction debris, and materials not accepted in curbside collection.
California Penal Code §632 requires all-party consent to record confidential conversations, including audio captured by Ring or Nest doorbell cameras. San Jose homeowners face civil and criminal exposure for recording neighbors' private conversations; visible camera notices are a recommended best practice.
San Jose's Surveillance Technology Use Policy ordinance requires City Council approval, public hearings, and an annual audit before any city department deploys facial recognition, ALPRs, predictive policing, or similar tools. The ordinance has functioned as a de facto check on facial recognition since adoption.
San Jose Police Department operates automated license plate readers under California Civil Code §1798.90 (SB-34) data security requirements and the city's Surveillance Technology Use Policy. SJPD must publish a use policy, retention schedule, and annual audit; misuse can trigger discipline and civil penalties.
San Jose has no specific ordinance regulating residential security cameras. California law permits video recording on your own property and in public. Cameras must not record areas with a reasonable expectation of privacy. California Penal Code §647(j) prohibits voyeurism.
California is a two-party (all-party) consent state. Recording private conversations without consent of all parties is a criminal offense under CA Penal Code §632. Video recording in public is legal. Wiretapping carries felony penalties.
San Jose allows privacy fences up to 6 feet in side and rear yards without a permit. Front yard fences are limited to 3 feet. Fences over 7 feet require both a planning and building permit. The finished side must face outward.
Tree of heaven (Ailanthus altissima) is a California Invasive Plant Council high-impact invasive and a host for spotted lanternfly. San Jose property owners must control it under SJMC weed-abatement rules, with detection coordinated by the Santa Clara County Agricultural Commissioner.
San Jose has no citywide palm-replacement program comparable to Los Angeles, but treats most palms as protected trees under SJMC Chapter 13.32 once they reach the qualifying trunk diameter, requiring permits for removal and replacement under city tree-canopy goals.
San Jose does not have a specific ordinance banning bamboo. However, bamboo that encroaches on neighboring properties or public areas may be considered a nuisance under SJMC Chapter 9.12. Property owners are responsible for controlling spread.
San Jose follows the California Invasive Plant Council (Cal-IPC) guidance and the Santa Clara Valley Habitat Plan. Prohibited species for new landscaping include pampas grass, English ivy, and Scotch broom. The city's street tree list excludes invasive species.
San Jose allows front yard vegetable gardens. California AB 2561 (2022) protects the right to grow food on residential property. The city encourages edible landscaping and water-wise gardening. Gardens must be maintained and not create a public nuisance.
San Jose's Multiple Housing Program (MHP) under SJMC Chapter 17.20 systematically inspects every apartment complex of three or more units roughly every one to four years, charging owners annual fees and issuing notices of violation for habitability and code defects.
California Code of Regulations Title 17 Sections 35001-36100 govern lead-based paint hazard identification and abatement in California rentals. San Jose's Multiple Housing Program inspects pre-1978 apartments for deteriorated paint, referring confirmed lead hazards to CDPH and Santa Clara County Public Health.
San Jose requires all multifamily rental properties to obtain a Residential Occupancy Permit (ROP) under SJMC Section 17.20.520, renewed annually. Code Enforcement routinely inspects building exteriors, common areas, and a percentage of individual units for safe, decent, and sanitary conditions.
San Jose enforces habitability standards through the Multiple Housing Inspection Program and California Civil Code Section 1941.1. Rental units must have working plumbing, heating, electrical, weatherproofing, sanitation, and structural integrity. Landlords must maintain premises in habitable condition.
San Jose tenants can file complaints with Code Enforcement to trigger inspections of their unit, building exterior, or common areas under the Multiple Housing Inspection Program. The city issues correction notices to landlords and tracks compliance. Retaliation against complaining tenants is prohibited.
San Jose adopts the California Fire Code (CFC) through SJMC Chapter 17.12. CFC Section 308.1.4 prohibits open-flame cooking devices and charcoal burners on combustible balconies and within 10 feet of combustible construction in any building with three or more dwelling units. Exceptions exist for buildings protected by an automatic sprinkler system, for one- and two-family dwellings, and for LP-gas containers of no more than 1 pound (the 2.5-pound water-capacity rule).
A built-in outdoor kitchen in San Jose typically requires multiple permits: a building permit for any structural roof or counter exceeding the patio cover exemption, a plumbing permit for the gas line and sink, and an electrical permit for outlets and lighting. Permits are issued under the California Building, Plumbing, Electrical, and Mechanical Codes as adopted in SJMC Title 17. Detached structures must meet zoning setbacks in SJMC Chapter 20.30.
San Jose does not have a dedicated ordinance for backyard smokers, pellet grills, or wood-fired ovens. Use is governed by the multifamily balcony restrictions in California Fire Code Section 308 (open-flame cooking) and by the general nuisance provisions in SJMC Chapter 17.20. Bay Area Air Quality Management District Spare the Air days may temporarily prohibit wood smoke during winter inversions.
San Jose has no city ordinance specifically regulating residential inflatable holiday displays. Size, height, and motor noise are not restricted by the municipal code. Generic enforcement levers include the noise ordinance (SJMC 6.20) for blower motors that run after 10 p.m., the nuisance code (SJMC 17.20) for displays that obstruct sidewalks or sight lines, and HOA CC&Rs which often cap height or require deflation overnight.
San Jose has no ordinance limiting the duration, brightness, or hours of residential holiday lighting. The general nuisance provisions in SJMC Title 6 and the sign code in SJMC Chapter 20.120 (which exempts residential holiday displays) apply only when a display causes documented light trespass, amplified noise, or traffic hazards. HOA CC&Rs may impose stricter take-down dates and brightness limits independently of the city.
San Jose imposes no general restriction on year-round lawn ornaments, statuary, or religious displays on private residential property. The sign code (SJMC Chapter 20.120) exempts non-commercial residential displays. Political signs are protected speech subject only to setback and size limits in SJMC 20.120.860. HOA CC&Rs may impose architectural review and material standards that the city does not.
San Jose prohibits minors under 18 from being in public places between 11:30 PM and 5:00 AM Sunday through Thursday, with the same overnight window applied Friday and Saturday. Exceptions include parental accompaniment, employment, and school or religious events. The city emphasizes diversion over citation for first-time offenders.
San Jose city parks are closed to the public from one-half hour after sunset to one-half hour before sunrise under SJMC Chapter 13.44 (Parks and Recreation). Persons found in parks during closed hours may be cited for trespass. Exceptions may be granted for permitted events, authorized activities, and City-approved programs. Trails and open space areas may have different closure times posted at trailheads.
San Jose requires that trash, recycling, and organics carts be stored out of public view when not set out for collection. Under SJMC Chapter 9.10 and the City's solid waste collection regulations, carts may be placed at the curb no earlier than 5:00 PM the day before collection and must be retrieved by midnight on collection day. Carts must be stored behind the front building line, in a garage, or screened from public view.
San Jose does not require permits for garage or yard sales held on residential property. Sales are limited to personal household items and may not include commercially purchased merchandise for resale. The City encourages residents to use the San Jose Reuse and Recycling Center for items that cannot be sold. Neighborhood-wide garage sales are also permitted without special permits.
San Jose's Code Enforcement Division actively enforces property maintenance standards under SJMC Title 17 (Building Code), the Housing Code (Chapter 17.20), and the Public Nuisance provisions. Property blight includes peeling paint, broken windows, accumulation of junk and debris, inoperable vehicles, overgrown vegetation, graffiti, and structural deterioration. The City operates a Neighborhood Blight Initiative targeting visible deterioration in residential neighborhoods.
San Jose requires owners of vacant lots and unimproved properties to maintain them free of weeds, rubbish, debris, and hazards under SJMC Chapter 9.10 and the City's nuisance abatement provisions. Vegetation on vacant lots must be maintained below 18 inches in height. The City conducts seasonal weed abatement programs and can perform abatement at the owner's expense if violations are not corrected within the compliance period.
San Jose has a Mediterranean climate with no measurable snowfall. The City does not have a snow removal or sidewalk clearing ordinance. Property owners are responsible for general sidewalk maintenance including keeping sidewalks clear of debris, vegetation overgrowth, and obstructions under SJMC Title 13 (Streets, Sidewalks and Public Places). Sidewalk repairs for damage caused by street trees may be addressed through the City's sidewalk repair program.
San Jose regulates mobile vending locations through its zoning code (SJMC Title 20) and business licensing provisions. Food trucks and mobile vendors may operate in commercial and industrial zones and at approved special event locations. The City has established designated vending areas in downtown San Jose and near major employment centers. Vendors must not block pedestrian access, fire hydrants, or emergency access routes. California's Safe Sidewalk Vending Act (SB 946) limits the City's ability to ban sidewalk vending outright.
Food trucks operating in San Jose must obtain a Mobile Food Facility Permit from the Santa Clara County Department of Environmental Health and a San Jose Business Tax Certificate. Operators must also comply with SJMC Chapter 6.54 regulating peddlers and solicitors. Food trucks must meet California Retail Food Code requirements including proper food handling, storage temperatures, and waste disposal. The City has designated certain areas where food trucks may operate and requires compliance with health, fire, and parking regulations.
San Jose Municipal Code Chapter 6.54 requires a peddler/solicitor permit issued by the Chief of Police for door-to-door commercial canvassing. Applicants must submit fingerprints and pass a background check. Religious, political, and charitable canvassers are exempt. "No Soliciting" signs are enforceable for commercial visits.
San Jose residents can post 'No Soliciting' or 'No Trespassing' signs to deter unwanted door-to-door solicitors under SJMC Chapter 6.54. Solicitors must respect posted signs and leave immediately when asked. Ignoring a posted 'No Soliciting' sign constitutes a violation of the solicitor's permit conditions and may also constitute trespass under California Penal Code §602. The City encourages residents to report persistent soliciting violations to the San Jose Police Department non-emergency line.
San Jose establishes maximum building height limits by zoning district under SJMC Title 20. In single-family residential (R-1) zones, the maximum height is generally 35 feet. Multi-family and commercial zones allow greater heights depending on the specific zoning designation and proximity to transit. The City's General Plan envisions taller buildings in Urban Village areas and along transit corridors. Height is measured from the average finished grade to the highest point of the roof.
San Jose establishes minimum setback requirements by zoning district under SJMC Title 20 (Zoning). For single-family residential (R-1-8) zones, the standard setbacks are: 25 feet front, 6 feet interior side, 10 feet street side, and 25 feet rear. Reduced setbacks may be available through the Residential Exceptions process for additions that maintain neighborhood compatibility. Setback requirements vary significantly across San Jose's numerous residential, commercial, and industrial zoning districts.
San Jose regulates lot coverage (the percentage of a lot covered by structures) through SJMC Title 20. In R-1-8 single-family residential zones, the maximum lot coverage is typically 40% of the lot area. Lot coverage includes the footprint of all buildings, covered patios, and accessory structures. Uncovered decks, swimming pools, and pervious surfaces are generally excluded from lot coverage calculations. ADUs and JADUs have specific lot coverage exceptions under state law.
San Jose does not require a permit for residential garage sales but limits each property to a maximum of four sales per calendar year, each lasting up to three consecutive days. Sales must occur between 8:00 AM and sunset. Signs on public property are prohibited. Violations are infractions starting at $100.
San Jose does not codify specific hours for garage sales, but sales should be conducted during reasonable daytime hours consistent with neighborhood standards. The City's noise ordinance (SJMC Chapter 10.12) sets quiet hours that effectively limit early morning and late evening activities. Typical garage sale hours are 8:00 AM to 5:00 PM on weekends. Sales should not generate noise, traffic, or parking disruptions that would constitute a neighborhood nuisance.
San Jose does not impose a specific limit on the number of garage sales a resident may hold per year. However, frequent or ongoing sales of merchandise may be considered commercial activity requiring a Home Occupation Permit and Business Tax Certificate under SJMC Title 20 (Zoning) and Title 4 (Business Taxes). The determination of when garage sales become commercial activity is made on a case-by-case basis by Code Enforcement.
HOAs in San Jose must follow written architectural review procedures under the Davis-Stirling Act. Associations must provide prompt deadlines for reviewing applications and issue decisions in writing. Solar energy systems, EV charging stations, satellite dishes, and drought-tolerant landscaping cannot be unreasonably restricted. San Jose's Green Building Ordinance may affect HOA review of energy-efficient modifications.
HOA boards in San Jose must follow the Davis-Stirling Common Interest Development Act (Civil Code §§4900-4935) for all meetings. Board meetings must be open to members with at least 4 days advance notice. Executive sessions are limited to specific topics (litigation, personnel, contracts, member discipline). Annual meetings require 10-30 days notice. Secret ballots are required for elections.
HOA assessments in San Jose follow the Davis-Stirling Act (Civil Code §§5600-5740). Regular increases over 20% require member approval. Special assessments exceeding 5% of annual budget need a member vote. Foreclosure for delinquent assessments cannot proceed unless debt exceeds $1,800 or is 12+ months overdue. Late fees capped at 10% or $10, whichever is greater.
The Davis-Stirling Act requires HOAs and members in San Jose to attempt Internal Dispute Resolution (IDR) under Civil Code §5900 and Alternative Dispute Resolution (ADR) under Civil Code §5930 before filing lawsuits. Refusing ADR can result in paying the other side's attorney fees at trial. Santa Clara County Bar Association and local mediation services handle HOA disputes.
CC&Rs in San Jose HOAs are enforceable under the Davis-Stirling Act. Associations must provide at least 10 days written notice and a hearing opportunity before imposing fines per Civil Code §5855. CC&R provisions conflicting with California law — including restrictions on solar, EV charging, political signs, flags, and drought-tolerant landscaping — are void and unenforceable.
Sidewalk vendors in San Jose must obtain a permit from the San Jose Police Department under SJMC Chapter 6.54 (Peddler Permit Ordinance) and comply with California SB 946 (Safe Sidewalk Vending Act). Vendors selling for more than 2 hours need an additional Administrative Permit from the Planning Department (SJMC §20.80.820). Food vendors must hold a valid Santa Clara County health permit.
San Jose requires all street vendors to maintain a minimum distance of 500 feet from popular public events. Vendors must keep sidewalks accessible per ADA requirements and maintain clear pedestrian pathways. Vending near schools during school hours and near certified farmers' markets during operating hours is restricted under SB 946 provisions.
Street vending carts in San Jose must be non-motorized conveyances per SB 946 definitions. Food carts must comply with Santa Clara County Department of Environmental Health requirements including proper food handling, temperature maintenance, and handwashing facilities. Carts must display valid permits and may not be stored on public property overnight.
San Jose Municipal Code Sections 14.16.2200–14.16.2270 place full sidewalk repair responsibility on property owners. Owners must maintain the sidewalk, park strip, driveway approach, and curb/gutter adjacent to their property. A sidewalk repair permit is required before starting any work.
San Jose prohibits obstructing public sidewalks under SJMC Chapter 13.36. Objects, merchandise, construction materials, and vegetation must not block pedestrian passage. A minimum 4-foot clear path must be maintained at all times for ADA compliance.
San Jose requires encroachment permits for any private improvements within the public right-of-way. The Department of Public Works issues permits for balconies, overhangs, footings, outdoor dining areas, and other structures extending into sidewalk space.
San Jose does not require permits for fences up to 6 feet in rear/side yards or 3 feet in front yards. Fences 6-7 feet require a building permit. Over 7 feet requires both planning and building permits with plan review.
San Jose requires a building permit for sheds 120 square feet or larger. Sheds under 120 sq ft are exempt if they have no plumbing or electrical, are single-story, and meet setback requirements. All sheds must comply with zoning setbacks.
San Jose requires a building permit for decks over 30 inches above grade. Uncovered patios at grade level generally do not require permits. Covered patios and pergolas with roof structures require permits. Section 311 notification may apply to new decks.
San Jose requires building permits for renovations involving structural changes, electrical, plumbing, or mechanical work. Cosmetic work (painting, flooring, cabinets) is exempt. Permit fees are typically 6-9% of total construction cost. Review times average 10-40+ weeks.
San Jose Code Enforcement accepts reports online at sanjoseca.gov, by phone at 408-535-3500, or via the San Jose 311 app (MySanJose). Reports can be filed anonymously. The online Code Enforcement Service Request Form allows photo uploads.
San Jose Code Enforcement prioritizes cases by severity. Life-safety hazards receive priority response within 24-48 hours. Standard property maintenance cases are typically inspected within 5-10 business days. Complex cases involving permits may take several weeks.
San Jose's most common code violations include unpermitted construction, overgrown vegetation, substandard housing conditions, illegal garage conversions, abandoned vehicles, and illegal business operations in residential zones. San Jose Municipal Code Title 17 and Title 20 govern most violations.