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San Jose, CA Special Events & Permits: Parklets (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
SJMC § 20.100.1400
Process used
Chapter 13.37 encroachment permit
Permit type
Minor Encroachment permit
Approving authority
Director of Public Works
Unpermitted structure
Misdemeanor, city may remove

Summary

San Jose has no standalone parklet ordinance. SJMC § 20.100.1400 routes sidewalk seating and parklets in the public right-of-way straight into the Chapter 13.37 encroachment permit process, run by the Department of Public Works.

For sidewalk seating or parklets in the public right-of-way refer to the procedures for encroachment permits set forth in Chapter 13.37 of Title 13 of this Code.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).

Full Breakdown

Under SJMC § 20.100.1400, anyone wanting sidewalk seating or a parklet in the public right-of-way must go through Chapter 13.37's encroachment permit procedure rather than a zoning-code process. A parklet fits the Chapter 13.37 definition of a "Minor Encroachment": a temporary, non-structural, readily removable improvement, expressly including facilities for special activities and dining facilities tied to an adjacent business (§ 13.37.110(F)). Minor Encroachment permits are approved administratively by the Director of Public Works (§ 13.37.500(A)), not by the City Council, and require an executed Encroachment Agreement plus proof of insurance before the permit takes effect (§ 13.37.300(B)).

Violations & Fines

An unpermitted parklet or sidewalk seating structure in the right-of-way is an unlawful encroachment under § 13.37.200: the city gives written notice, and if the owner doesn't remove it or apply for authorization within 30 days, the city removes it and bills the owner for all direct and indirect costs. Violating Chapter 13.37 is also a misdemeanor under § 13.37.640.

Frequently Asked Questions

Does San Jose have a dedicated parklet ordinance?
No. SJMC § 20.100.1400 sends sidewalk seating and parklets directly into the Chapter 13.37 encroachment permit process: there's no separate parklet code chapter.
Who approves a parklet permit in San Jose?
The Director of Public Works, treating it as a Minor Encroachment permit under SJMC § 13.37.500 since a parklet is temporary and readily removable.
What happens if I install a parklet without a permit?
It's an unlawful encroachment under § 13.37.200: the city can order it removed within 30 days and bill you for removal costs, and the violation is a misdemeanor under § 13.37.640.

Sources & Official References

Other rules in San Jose

Sidewalk Dining & CafésSignificant RestrictionsStreet Fair RulesSignificant RestrictionsParade PermitsSome RestrictionsBlock Party PermitsSome RestrictionsPark Event PermitsSome RestrictionsNoise Ordinances: Aircraft NoiseSignificant RestrictionsParking Rules: Curb Color RulesSome RestrictionsParking Rules: Preferential Parking DistrictsSignificant RestrictionsParking Rules: Driveway RulesSome RestrictionsParking Rules: Commercial & Oversized VehiclesSignificant RestrictionsFence Regulations: Fence Permit RequirementsSome Restrictions

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