20.80.1640
Incidental shelter exception to conditional use permit or special use permit.
San Jose Municipal Code · San José Municipal Code § 20.80.1640
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Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, no conditional use permit or special use permit shall be required for any Incidental Shelter use that meets and remains in full compliance with all of the following requirements: 1. The maximum occupancy for any Incidental Shelter use shall be fifty (50) persons or as set forth by the City's Fire Code, whichever is more restrictive. 2. The Incidental Shelter use shall be allowed on a legal Parcel that is at least three thousand (3,000) square feet in size. 3. The Incidental Shelter use shall be located on a Site that has a Frontage and legal access to the Parcel where Incidental Shelter is provided. 4. The Parcel containing the Incidental Shelter use shall be located within the City's Urban Service Area. 5. The Incidental Shelter use shall not be located closer than a minimum distance of five hundred (500) feet from any Parcel on which another Incidental Shelter use exists, where the distance between the Parcels is measured from the nearest Parcel line to the nearest Parcel line. 6. The portion of a Building containing the Incidental Shelter use shall not be located at a distance closer than a minimum of one hundred and fifty (150) feet from any residential use that is located on another Parcel, measured from the nearest Building wall containing the Incidental Shelter use to the nearest Parcel line of a Parcel containing a residential use. 7. The Parcel containing the Incidental Shelter use shall comply with City Council Policy Number 4-3 on Outdoor Lighting for Private Developments, as may be amended from time to time. 8. Any Development Permit requirement associated with interior or exterior modifications for the Building containing the Incidental Shelter shall not be waived by this Section. 9. Incidental Shelter uses shall be registered with the Housing Department, on such forms as may be approved by the Director of Housing. 10. Facilities containing Incidental Shelter uses shall be inspected for occupancy compliance with the Fire Code. 11. Quiet hours on any Parcel containing an Incidental Shelter use shall be maintained between 10:00 p.m. and 7:00 a.m., seven (7) days a week, 365 days a year. Quiet hours do not preclude outdoor activities, such as smoking in designated outdoor areas or exiting the Site. 12. Any Site containing an Incidental Shelter use including public access and parking shall be maintained in a clean and safe condition, and in compliance with a management plan that is completed as part of registration with the Housing Department. 13. The Incidental Shelter Use shall comply with the requirements of Section 20.80.1630 . (Ord. 29976.)