Exception - Administrative permit.
San José Municipal Code § 20.80.893
in effectNothing in this part shall regulate or prohibit the following uses: 1. The conversion of existing parking to outdoor dining or other outdoor activity area may be allowed through a Permit Adjustment, pursuant to section 20.100.500.A.15. if the following requirements are met: a. Outdoor dining or other outdoor activity area does not affect on-site vehicular circulation. b. Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district, it shall conform to this Part except that the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet; and c. Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district, it shall conform to this Part except that the use shall not operate between the hours of 9:00 p.m. to 7:00 a.m. on Monday through Thursday, and 10:00 p.m. to 7:00 a.m. on Friday through Sunday. 2. The conversion of existing parking to outdoor dining or other outdoor activity area that would not be in conformance with this Part may only be allowed through a Special Use Permit, pursuant to Chapter 20.100 , Part 7. (Ords. 30857, 31079.)
Source: San José Municipal Code (Municode library)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinancesFetched: 7/25/2026