Exceptions.
San José Municipal Code § 3.04.1560
in effect3.04.1560 - Exceptions.
A. Notwithstanding the provisions of Section 3.04.1550, any person heretofore or hereafter employed on a permanent full-time basis at the city's Tuolomne Camp, located approximately sixteen miles southerly from Groveland, California, may reside at some specified location situate outside the boundaries of the county of Santa Clara, California, so long as such place of residence is not so far distant from such person's place of employment as to adversely affect the performance of his city duties, functions and responsibilities and will not otherwise be contrary or detrimental to the best interests of the city.
B. Notwithstanding the provisions of Section 3.04.1550, the civil service commission, or the city council on appeal from the civil service commission, in its discretion, may authorize an employee of the city to reside at some specified location situated outside the boundaries of a thirty-statute-mile radius, measured from the intersection of First and Santa Clara Streets, San José, or outside the boundaries of the county of Santa Clara, if and when it finds all of the following to be true:
1. That the employee has been an employee of the city continuously, from a date prior to August 26, 1968; and
2. That said employee acquired or contracted to acquire the land situate outside said thirty-mile radius, or outside the county of Santa Clara, whereupon he proposes to reside, on a date prior to August 26, 1968; and
3. That requiring said employee to comply with the provisions of Section 3.04.1550 will cause him unnecessary hardship; and
4. That authorizing said employee to reside at said specified location outside said thirty-mile radius or outside the county of Santa Clara will not adversely affect said employee's performance of his duties, functions and responsibilities, and will not otherwise be contrary or detrimental to the best interests of the city.
C. Any employee seeking to obtain such authorization shall file a written application therefor with the secretary of the civil service commission. Within a reasonable time thereafter, the civil service commission shall consider the matter and grant or deny the authorization requested. The commission, if it should so desire may grant said authorization subject to such terms, conditions and limitations as it may deem necessary.
D. In the event that the civil service commission should deny said application, or in the event that it should grant the authorization as requested, but impose terms, conditions or limitations deemed by the employee to be unreasonable, then in such event the employee may appeal, within not more than thirty days from and after the date on which the civil service commission shall have rendered its decision to the city council for said authorization. The city council shall have full discretion to grant or deny said authorization, subject to such terms, conditions and limitations as it deems reasonable.
(Prior code § 2011.3; Ord. 18299.)
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=TIT3PE_IPERE_CH3.04CISERU_PT13RERE_3.04.1560EXFetched: 11/1/2026