Home · Remodeling permits · Driveway and curb cut permits

Do you need a permit to widen a driveway or add a curb cut in San José?

Yes, for most changes. The City of San José requires a permit before relocating or modifying a driveway or sidewalk and before laying a new one. Resurfacing a driveway, or repairing it on your side of the sidewalk, does not need a permit.1

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The short version

Widening, moving or adding a driveway: permit

If a driveway is expanded or changes location, you need a clearance or permit from the City's Public Works Department.1

Repair or resurfacing on your side: no permit

Repairing or resurfacing the driveway where it sits on the private property side of the sidewalk needs no permit.1

Front yard paving: limited by zoning

The City calls it illegal to expand a driveway so it excessively paves over the front yard. Zoning caps the paved share of the front setback.14

How the driveway permit works

The City's published steps, in order.13

  1. Sort out what you are changing

    Resurfacing or repair on the private side: no permit. Expanding or moving a driveway: Public Works. Changes or repairs to the sidewalk, curb or driveway apron: Transportation Department, 408-794-1901.

  2. Check the front yard paving limit

    Municipal Code 20.30.440 limits paving in the required front setback. On a lot with 40 feet or more of frontage, no more than 50 percent can be paved. See the questions below for narrower lots.

  3. Fill out the Driveway Permit Application

    The Public Works Driveway and Sidewalk page lists the Driveway Permit Application and the Driveway Permit Instructions. The Driveway / Sidewalk permit covers new driveways or sidewalk for single family homes.

  4. Send it to Public Works

    The City says to email the application and all required documents to pwgeneralinfo@sanjoseca.gov. For questions call 408-535-7803.

  5. Plan for street trees and utilities

    A street tree in the way needs its own free permit from the City. Work in the public right-of-way can also bring plans, fees and a security deposit, depending on the permit type.

What to know before you pour

Right-of-way work
The strip between your property line and the street is City right-of-way. The City issues encroachment permits to private developers or residents who do work there. Driveway / Sidewalk is one of the permit categories, for new driveways or sidewalk for single family homes. Encroachment permits typically require a plan showing the work, fees and a security deposit.2
Replacing in the same place
To remove and replace an existing driveway in the same location, or repair an existing sidewalk, the City points you to the Department of Transportation at 408-794-1901 instead of Public Works.23
Paving too much
The City warns that expanding a driveway to excessively pave the front yard may bring a code enforcement action, and you will be required to remove the pavement.1

Widening a driveway? We handle the permit and the work.

Tell us about the house and the driveway. We walk the job, prepare the permit paperwork with Public Works, and do the concrete and site work.

  • The city and the address
  • Current driveway width and what you want
  • Whether a street tree, pole or utility box is nearby

Prefer to talk? Call (408) 667-4946 or send a text. Office hours: Monday to Friday, 7 am to 3 pm.

David and Tristan, the owners, stay involved from the first walkthrough to the final check. We reply the same business day, Monday to Friday.

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Driveway and curb cut permits: common questions
Do I need a permit to widen a driveway in San Jose?
Yes. The City says a permit is required before relocating or modifying an existing driveway or sidewalk and before laying a new one, except for resurfacing a driveway. If the driveway is expanded or changes location, you need a clearance or permit from the Public Works Department.
Do I need a permit to add a curb cut or a second driveway?
Yes. A new driveway needs a permit before it is built. The City's Public Works Driveway / Sidewalk permit covers new driveways or sidewalk for single family homes. Changes to the curb or the driveway apron need a permit from the Transportation Department. Call Public Works at 408-535-7803 or Transportation at 408-794-1901 to confirm which one fits your plan.
Do I need a permit to repair or resurface my driveway?
Not for the part on your side of the sidewalk. The City says that if the project repairs or resurfaces the driveway on the private property side of the sidewalk, no permit is needed. Repairs to an existing sidewalk, or removing and replacing a driveway in the same location, go through the Department of Transportation at 408-794-1901.
How much of my front yard can I pave in San Jose?
The City says it is illegal to expand a driveway in a way that excessively paves over the front yard, and it can lead to code enforcement and an order to remove the pavement. Under Municipal Code 20.30.440, no more than 50 percent of the required front setback can be paved for a lot with a one-family dwelling or an R-1 lot with 40 feet or more of frontage. On a lot under 40 feet wide, paving in the front setback is limited to 10 feet in width or 50 percent of the lot width, whichever is greater, with a limited exception for two side-by-side required parking spaces.
What if a street tree is in the way of the new driveway?
Street trees need their own permit. The City says it is required before pruning, removing or planting a street tree, and the permit is free. Removal is allowed on set criteria, including a conflict with an approved development permit for the adjacent property or right-of-way. Contact the City Arborist at 408-794-1901 early, because the tree review has its own steps and notice period.

Sources

This page explains the City's published rules for driveway work. The City decides what applies to your property. Check the City pages for current details and fees.