Hardship exemption.
San José Municipal Code § 17.845.050
in effect17.845.050 - Hardship exemption.
A. If an applicant for a Newly Constructed Building believes that the type of project or physical site conditions, necessary operational requirements, or the public health, safety, or economic welfare in the event of an electric grid outage make it a hardship or infeasible to meet the requirements of this Chapter, or the project meets the City's adopted sustainability and environmental policies, then the applicant may request an exemption or modification from the Director. The burden shall be on the applicant to demonstrate the grounds for any exemption.
B. In making a determination in response to an application under Subsection A above, if the Director determines that the facts offered in support of an application demonstrate that the purposes of this Chapter will have been achieved to the maximum extent reasonably allowed by the circumstances, then the Director may issue a decision requiring compliance with less than the full extent of the requirements of this Chapter but to the fullest extent reasonably achievable given the circumstances, provided such requirements meet or exceed the electrical readiness requirements in San José Municipal Code Chapter 24.12.
C. The Director's decision shall contain a statement of the facts upon which the decision was based, as well as the reduced compliance level requirements that must be achieved. The Director's decision shall become a condition of the development or building permit issued for the project.
D. The Director's decision shall be mailed or electronically mailed to the applicant to the address shown on the application.
(Ords. 30330, 30502.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT17BUCO_CH17.845PRNAGAINNECOBU_17.845.050HAEXFetched: 11/1/2026