San Jose Municipal Code Part 16 Temporary Outdoor Uses of Private Property

An outdoor private property special event is a temporary outdoor use of private property that meets the criteria in either subsections A. or B. below.

A. The outdoor private property special event will displace parking for the existing use or uses on the site.

B. The outdoor private property special event requires a permit under the jurisdiction of any of the following agencies:

1. San José Police Department;

2. San José Fire Department; or

3. California Department of Alcohol Beverage Control.

(Ords. 26248, 26455, 29218, 30857.)

Unless otherwise stated, the term "director" as used in this part shall mean the director of Office of Economic Development or the head or director of the department designated by the city manager to administer the provisions of this part.

(Ords. 26248, 30373.)

A. No person shall operate or allow or suffer the operation of an outdoor private property special event except in compliance with an event permit issued pursuant to this part, or a special use permit, or a conditional use permit issued pursuant to Chapter 20.100 pursuant to the provisions of this part.

B. Subject to the provisions of Subsection 20.80.1420.D below, an applicant for an outdoor private property special event that will not exceed thirty (30) consecutive days and forty-five (45) total days in any calendar year but does not meet the requirements for an event permit may apply for and shall be required to first obtain a special use permit issued pursuant to the provisions of Chapter 20.100.

C. Subject to the provisions of Subsection 20.80.1420.D below, an applicant for an outdoor private property special event that will exceed thirty (30) consecutive days and forty-five (45) total days in any calendar year but does not meet the requirements for an event permit may apply for and shall be required to first obtain a conditional use permit issued pursuant to the provisions of Chapter 20.100.

D. Notwithstanding the provisions of Subsections 20.80.1420.B and C above, an applicant for an outdoor private property special event of any length within the downtown core area may apply for and shall be required to first obtain an event permit issued pursuant to the provisions of this part when the outdoor event also is authorized to use outdoor public property as an integral component of the outdoor event and any one (1) of the following permits for the outdoor event have been issued by the city:

1. A Paseo/Plaza Use Permit pursuant to the provisions of Chapter 13.22 of Title 13 of this Code; or

2. A park use permit pursuant to the provisions of Chapter 13.44 of Title 13 of this Code; or

3. A street closure permit pursuant to the provisions of Chapter 13.16 of Title 13 of this Code; or

4. A parade permit pursuant to the provisions of Chapter 13.12 of Title 13 of this Code.

(Ords. 26248, 27441, 28449.)

Outdoor private property special events in residential zoning districts shall be permitted only at schools, church/religious assembly, or other lawful non-residential uses excluding vacant properties.

(Ords. 26248, 30373.)

An event permit for outdoor private property special events may be issued only if the following requirements are met:

1. No more than twenty-six (26) outdoor private property special events may be held at the same location within a twelve (12) month period.

2. Events shall not occur for more than four (4) consecutive days per event in a one-week period.

3. Residential Dwelling Unit Adjacency Considerations

a. All outdoor private property special events in a residential district, other than at a school or church/religious assembly use, shall be located at least fifty (50) feet from the nearest residential dwelling structure.

b. All outdoor private property special events in a commercial or industrial zoned area, except in the downtown core, shall be located at least fifty (50) feet from any residential dwelling structure, except when the outdoor private property special event falls within a designated Urban Village or Neighborhood Business District designated within the Envision San José 2040 General Plan or within the Mixed-use Commercial zoning district.

c. The outdoor private property special event adjacent to residential dwellings, except within the downtown core or at school or church/religious assembly use, shall occur only on Thursday, Fridays and/or Saturdays between the hours of 9:00 a.m. and 10:00 p.m. and/or Sundays between the hours of 9:00 a.m. and 9:00 p.m.

(Ords. 26248, 30373.)

Editor's note— Ord. 31254, § 2, adopted Nov. 4, 2025, repealed § 20.80.1460, which pertained to event permits for outdoor private property special events in commercial zoning districts and derived from Ords. 26248, 30373.

Editor's note— Ord. 31254, § 3, adopted Nov. 4, 2025, repealed § 20.80.1470, which pertained to event permits for outdoor private property special events in industrial or manufacturing zoning districts and derived from Ords. 26248, 30373.

Editor's note— Ord. 31254, § 4, adopted Nov. 4, 2025, repealed § 20.80.1480, which pertained to event permit parking limitations and derived from Ords. 26248, 30857.

The director is authorized to issue written regulations consistent with the provisions of this part.

(Ord. 26248.)

A. The application for an event permit may be filed by the event organizer and shall be countersigned by the owner of the lot(s) or parcel(s), designated as the outdoor private property special event venue or by the owner's authorized agent.

B. The event permit application shall be on a form provided by the director.

C. The event permit application shall be submitted with the event permit fee as set forth in the schedule of fees established by council resolution.

(Ord. 26248.)

A. The director shall issue event permits to applicants who comply with the permit application procedure and requirements set forth in this part and who agree to comply with the regulations and event permit conditions.

B. The director is authorized to attach reasonable time, place and manner conditions, consistent with this part and regulations, to the issuance of any event permit.

C. The director shall issue the permit or deny the application within forty-five (45) days of receipt of the event permit application.

D. The director's decision to deny an event permit application shall be in writing and shall be mailed to the outdoor private property special event applicant at the address on the application.

E. If the director denies the event permit application, the outdoor private property special event applicant may alternatively seek either a special use permit or conditional use permit, as may be applicable.

(Ords. 26248, 30373.)

A. No event permit for a outdoor private property special event shall be issued unless the following conditions have been met and the applicant agrees in writing to comply with these conditions:

1. All amusement rides, booths, tents and equipment shall be located at least twenty (20) feet from all frontage streets.

2. The outdoor private property special event venue shall have direct vehicular access from a public street.

3. The size, configuration and location of the outdoor private property special event venue shall be suitable for the proposed number of attendees taking into account other events which are scheduled to occur during the same time period at locations in proximity to the proposed site for the outdoor private property special event.

4. The outdoor private property special event applicant has made provision for each of the following:

a. refuse disposal and sufficient trash receptacles within the event site;

b. litter removal within a three hundred foot radius of the boundaries of the event site;

c. scheduled maintenance of the outdoor private property special event venue during the course of the event, including removal of animal waste, if applicable;

d. sanitary facilities, including adequate restrooms and/or portable toilets.

5. The San José police department has approved the applicant's security and traffic plans, if applicable. The thresholds for requiring either a security or traffic plan or both shall be set forth in the regulations issued pursuant to this part.

6. The applicant shall be responsible for reimbursing the city for the direct cost of police services in the event that the outdoor private property special event requires extra police services in addition to the regular patrol services provided in the police district in which the outdoor private property special event site is located. The criteria for assessing whether the outdoor private property special event will necessitate additional police services shall be set out in the regulations issued pursuant to this part.

7. The applicant shall be responsible for reimbursing the city for the direct cost of litter removal within a three hundred foot radius of the boundaries of the event site in the event that the applicant fails to comply with this requirement.

8. The San José fire department has approved applicant's plans for fire control devices, tents and canopies, cooking equipment, pyrotechnics and emergency vehicle access, if applicable.

9. The California Department of Alcohol Beverage Control has issued a permit for the sale of alcohol or the applicant has certified that the sale of alcohol will not occur.

10. The applicant will provide written notification of the outdoor private property special event, including time, date and description of activities to property owners within three hundred (300) feet of the outdoor private property special event site at least fourteen (14) days in advance of the first day of the event. An event permit holder who is issued a permit fewer than fourteen (14) days in advance of the first day of the event shall provide the required notice within twenty-four (24) hours following the issuance of the permit but no later than two (2) business days in advance of the first day of the event.

11. Project must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable.

B. The issuance of either a conditional use permit or a special use permit for an outdoor private property special event shall be subject to the conditions set forth in Subsection A.1. through A.9. of this section.

(Ords. 26248, 30857.)

A. Any outdoor private property special event permitted by this part shall be conducted in full compliance with all local and state laws.

B. The outdoor private property special event shall not be conducted in such a manner as to cause a nuisance as defined by Section 20.200.810 of this Code.

(Ord. 26248.)

Both the event permit holder and the property owner are responsible to pursue full compliance with the event permit and with any and all conditions imposed on the event permit.

(Ord. 26248.)

The director may revoke a event permit for any of the following grounds:

1. Fraud, misrepresentation or false statement contained in the application for the event permit or in the carrying out of the outdoor private property special event in a way not consistent with the application;

2. Failure to comply with the provisions of this chapter or the regulations; or

3. Failure to comply with the conditions set forth in the event permit.

(Ord. 26248.)

A. The director shall notify an event permit holder, in writing, of the director's decision to revoke an event permit, if the revocation is prior to the date of the proposed activity.

B. The notice of decision shall state the grounds for revocation of the event permit and shall notify the event permit holder of the hearing opportunity pursuant to Section 20.80.1570.

C. If the notice of decision to revoke or deny an event permit is issued less than twenty (20) business days, but more than three (3) business days prior to the proposed event, the request for hearing must be received by the director no later than the end of the second business day after delivery of the notice of decision to the event permit holder.

D. If the notice of decision to revoke an event permit is issued three (3) or fewer business days prior to the proposed activity, the notice of decision shall also notify the event permit holder of the time, date and location of the hearing.

E. If the notice of decision to revoke an event permit is issued more than twenty (20) business days prior to the proposed activity, a written request for hearing must be received by the director no later than five (5) business days after the date of the notice of decision.

F. The notice of decision shall become final, unless a written request for hearing is received within the time limits set forth in this section.

(Ord. 26248.)

A. Upon receipt of a timely written request for a hearing on a notice of decision to revoke an event permit, the director shall schedule a hearing. The director promptly shall notify the event permit holder of the hearing date, time and location.

B. The hearing with the director shall be held within the following time frames:

1. Five (5) business days after receipt of the request for hearing, if the proposed activity is to occur more than twenty (20) business days after timely receipt of the request for hearing; or

2. No more than two (2) business days after receipt of the request for hearing, if the proposed event is to occur less than twenty (20) business days but more than three (3) business days after timely receipt of the request for hearing;

3. If the proposed event is to occur three (3) or fewer business days after the director's issuance of the notice of decision, the notice of decision shall also state the time, date and location of the hearing. When reasonably possible, the hearing shall occur at least twenty-four (24) hours prior to the proposed event. The director, when reasonably possible, shall also provide the event permit holder at least twenty-four (24) hours advance notice of the hearing.

C. At the hearing, the event permit holder may present any relevant evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. The event permit holder may be represented by any person.

D. If the proposed event is to occur three (3) or fewer business days from the date of the hearing, the director shall give a decision sustaining, reversing or modifying the decision to revoke the event permit upon concluding the hearing. The decision may be given orally. A written notice of final decision shall be hand delivered or sent by mail to the event permit holder no later than twenty-four (24) hours following conclusion of the hearing.

E. If the proposed event is to occur three (3) or more business days from the date of the hearing, the director shall give a decision sustaining, reversing or modifying the decision to revoke the event permit no later than three (3) business days following the hearing date or twenty-four (24) hours in advance of the proposed event. The written notice of final decision shall be hand delivered or sent by mail to the event permit holder.

F. The decision of the director shall be final.

(Ord. 26248.)

A. Any event permit may be revoked on the day of the permitted event without prior written notice and without a hearing, if either the city council, the city manager, the director, the fire chief or the chief of police determines that:

1. revocation is in the interest of the immediate public health or safety because of fire, casualty, act of God or a public emergency; or

2. the permittee is in violation of the provisions of the part, the regulations, or the terms of the event permit.

B. The event permittee immediately upon receipt of the notification the event permit has been revoked shall cease the conduct of the event and shall commence with restoring the permit site to its condition prior to the commencement of the event.

(Ord. 26248.)