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.
San Jose City Council voted in 2024 to make the Al Fresco SJ outdoor dining program permanent, replacing the temporary pandemic Emergency Order. Restaurants can now apply through Planning, Building and Code Enforcement for sidewalk dining, private parking lot dining, or parklets in the public right-of-way. Permits require ADA path-of-travel compliance, four-foot minimum clear sidewalk path, and structural review for parklets including drainage, fire access, and traffic safety. Annual encroachment fees apply to right-of-way occupation, scaled by square footage and high-pedestrian-traffic district. SJ Downtown Association and Willow Glen Business Association maintain district-level Al Fresco design guidelines aligned with Public Works engineering standards. Parklets must be removable for street maintenance.
Operating without a permit triggers stop-use orders and citation under SJMC Title 13 with $250 to $1,000 administrative fines. ADA path-of-travel violations expose owners to private lawsuits under the Unruh Civil Rights Act. Unpermitted outdoor alcohol service brings ABC discipline.
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