20.80.1680
Safe parking exception to permit requirement.
San Jose Municipal Code · San José Municipal Code § 20.80.1680
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Notwithstanding Sections 20.80.1665 and 20.80.1670 of this Part, no conditional use permit or special use permit shall be required for any Safe Parking use that meets and remains in full compliance with all of the following requirements: A. The Parcel containing the Incidental Safe Parking Area shall be located within the City's Urban Service Area. B. The boundary of the Incidental Safe Parking Area shall be at least five (5) feet from any exterior property line. C. The Incidental Safe Parking Area shall not be located at a distance closer than the following minimum setback distances from any residential use that is located on another Parcel, measured from the nearest point on the boundary of Incidental Safe Parking Area to the dwelling structure: i. Thirty-five (35) feet from the first story of an occupied dwelling structure where the adjacent residential use is separated by a solid six-foot tall or greater sound barrier with no adjacent second-story residential facades. To be effective, a noise barrier must be solid over the face and at the base of the barrier (i.e., no cracks or gaps), and be constructed from materials having a minimum surface weight of three pounds per square foot (3 lbs./sq. ft). One-inch (nominal thickness) wood fence boards are suitable as well as concrete or masonry block. ii. Sixty-five (65) feet from a single-story occupied structure where no sound barrier exists. iii. Sixty-five (65) feet from a second-story of an occupied dwelling structure. iv. Five feet (5) from an Accessory Dwelling Unit or Secondary Unit, where no openings on the nearest building wall exist. D. The Parcel containing the Incidental Safe Parking use shall comply with City Council Policy Number 4-3 on Outdoor Lighting for Private Developments, as may be amended from time to time. E. Incidental Safe Parking uses shall be registered with the Housing Department and periodically update registration, on such forms as may be approved by the Director of Housing. F. Sites containing Incidental Safe Parking uses shall be inspected for compliance with the Fire Code and Housing Department requirements. G. Quiet hours on any Parcel containing an Incidental Safe Parking 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. H. Any Site containing an Incidental Safe Parking 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. I. Incidental Safe Parking use shall comply with the requirements of Section 20.80.1675 . J. The operator shall work with any neighbor(s) to address impacts that the use may have on the neighboring community. The Management Plan shall require that a contact number be posted in plain view, timely responses be made, and a log of complaints, and responses to those complaints be maintained. (Ords. 30226, 30283.)