13.05.040 - Exceptions.
The Director of the Department of Transportation for transportation capital operations and maintenance projects, and the City Engineer for all other projects, may determine that facilities for pedestrians, bicyclists, transit users, and/or persons of all abilities are not required to be provided in compliance with the Complete Streets Design Standards and Guidelines in the following circumstances:
A. When establishment would be contrary to public safety or to requirements of a grant or law;
B. When the cost would be excessively disproportionate to the project, or probable future use;
C. Where there is no identified probable future need, or is in conflict with adopted City transportation plans;
D. The City cannot feasibly attain the additional right-of-way that would be needed;
E. When routine maintenance of the transportation network is performed that does not change the roadway geometry or operations, designed to keep assets in serviceable condition (e.g., mowing, cleaning, sweeping, spot repair and surface treatments such as chip seal, or interim measures on detour or haul routes). If safety and convenience can be improved within the scope of pavement resurfacing such as grind and overlay and restriping, such projects shall implement Complete Streets as outlined in the adopted San José Bike Plan and other applicable plans to provide access and increase safety for all users. Grind and overlay and restriping projects shall be limited to striping elements as called for in the Complete Streets Design Standards and Guidelines. Signalization or signage changes shall not trigger additional Complete Streets elements; provided, that such improvements shall consider the needs of pedestrians and bicyclists, as well as motorists, including transit users;
F. When the roadway is a limited access roadway, prohibiting by law either nonmotorized or motorized use;
G. Where implementing Complete Streets standards in a small project would create a very short section of improvements with problematic transitions on either end or that are unlikely to be followed by similar improvements at either end resulting in little progress on implementing Complete Streets networks as provided for in the City's transportation plans; and
H. The City Council has directed that Complete Street principles not be applied due to other special factors for a particular street or street segment.
(Ord. 30100.)