20.80.1650

Temporary shelter exception to permit requirement.

San Jose Municipal Code · San José Municipal Code § 20.80.1650

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A. Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, any Assembly Use that is a legal use may provide temporary shelter to homeless persons subject to each of the following limitations: 1. An Assembly Use may provide temporary shelter to no more than thirty (30) persons in one twenty-four (24) hour period. 2. An Assembly Use may provide temporary shelter up to two (2) times in a calendar year. The total amount of days for such shelter may not exceed ninety (90) days in any calendar year. 3. At no time shall the number of persons sheltered in any Assembly Buildings exceed the maximum square footage and occupancy standards set forth in Title 17 of this Code. 4. No Assembly Building or other Structure shall be erected, enlarged or modified without an approved Development Permit as required by Chapter 20.100 of this Title. 5. All persons receiving temporary shelter shall sleep and eat within Assembly Buildings. No person shall eat or be housed in tents, lean-tos or other temporary facilities. 6. The temporary shelter shall be operated in a manner that is fully in conformance with all State and local laws including regulations and permit requirements which are not otherwise in conflict with the provisions of this Part. 7. An Assembly Use providing temporary shelter shall be registered with the Housing Department, on such forms as may be approved by the Director of Housing. B. Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, any Assembly Use that provided temporary shelter to the homeless consistent with the terms of Ordinance No. 29663 during the period between June 30, 2017 and the effective date of this Ordinance shall be deemed to have been in compliance with this Part during that period. C. For illustrative purposes only, below is a table comparing the significant features of temporary shelter to incidental shelter: Temporary Shelter Incidental Shelter Maximum duration 90 days in one calendar year, up to twice a year Year-round Maximum number of persons 30 persons in any 24-hour period 50 persons or as restricted by the Fire Code Required conformance to ALL performance standards (e.g., 150-foot minimum distance from shelter use to parcel with residential use) No Yes (If unable to meet any standard, approval of use permit is required) Required Housing Department Registration Yes Yes (Ord. 29976.)

San Jose CA 20.80.1650 | Municipal Law | Corpus