Part 17.5

INCIDENTAL SAFE PARKING USE ON PLACES OF ASSEMBLY AND CITY PARCELS

Sections:

• 20.80.1670 Findings.

• 20.80.1675 Conduct of use.

• 20.80.1680 Safe parking exception to permit requirement.

• 20.80.1685 Incidental safe parking - City property.

The following definitions are for purposes of this Part:

1. "Assembly Building" means a Building that is primarily used for Assembly Use.

2. "Assembly Use" means a use involving the gathering of persons to participate in a group or common activity or to observe a presentation, performance, or exhibition.

3. "Incidental Safe Parking" means the providing of shelter of homeless people as an incidental use to an existing primary Assembly Use or another use identified in this Part provided that the safe parking use occupies less than fifty (50%) percent of the paved square footage of the Site, and where the shelter is provided in vehicles located in designated paved "Safe Parking Area(s)."

4. "Place of Assembly" means a Site that contains Assembly Uses including but not limited to religious assemblies, gymnasiums, libraries, theaters, schools, and community centers.

   5. "Safe Parking Area" means the paved area(s) where the vehicles are parked for the Incidental Safe Parking use.

• (Ord. 30226.)

• A. An Assembly Use may provide Incidental Safe Parking to homeless persons in compliance with Section 20.80.1680 and will not need to amend their current permit or obtain a new permit.

• B. If a legal Assembly Use does not comply with Section 20.80.1680, Incidental Safe Parking may only be provided if:

  1. The use is specifically allowed by a conditional use permit or Planned Development permit issued for the Assembly Use; or

  2. With an amendment to an existing conditional use permit or Planned Development permit for Assembly Use; or

  3. With a special use permit if no conditional use permit or Planned Development permit is required for the Assembly Use.

• C. A management plan shall be submitted as part of any permit application for Incidental Safe Parking on Assembly Building site(s).

• (Ord. 30226.)

• A. The Director or Planning Commission may issue a special use permit only after finding that:

  1. The Incidental Safe Parking use at the location requested will not adversely affect the health, safety, or welfare of persons residing or working in the surrounding area.

  2. The proposed Site is adequate in size and shape to accommodate the Incidental Safe Parking use.

• B. The application shall be denied where the information which is either submitted by the

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§ 20.80.1670

applicant or presented at the public hearing fails to satisfactorily substantiate such findings.

• (Ord. 30226.)

• K. A restroom or portable toilet, water, refuse disposal, and sufficient trash and recycling receptacles shall be provided for the participants.

• (Ord. 30226.)

An Assembly Use that is a legal use may provide Incidental Safe Parking to homeless persons subject to each of the following limitations:

• A. Incidental Safe Parking use may be allowed on a legal Parcel that is at least three thousand (3,000) square feet in size.

• B. 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.

• C. All persons receiving Incidental Safe Parking shall shelter within the vehicles, except as otherwise provided in the approved management plan that is completed as part of registration with the Housing Department. No person shall be housed in tents, lean-tos or other temporary facilities.

• D. No site shall be enlarged or modified for Incidental Safe Parking use without an approved Development Permit as required by Chapter 20.100 of this Title.

• E. The Incidental Safe Parking use 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.

• F. The Incidental Safe Parking use shall also comply with the requirements of Section 20.80.1665 or Section 20.80.1680.

• G. During weekdays, vehicles using the Incidental Safe Parking use shall arrive after 7:00 p.m. and depart before 10:00 a.m.

• H. No fires of any kind shall be permitted.

• I. No audio, video or other amplified sound may be played or generated that is audible outside participants' vehicles.

• J. Camping tarps or equipment erected beyond the participant's vehicle are prohibited.

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 singlestory occupied structure where no sound barrier exists.

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§ 20.80.1690

• iii. Sixty-five (65) feet from a secondstory 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.)

Notwithstanding this Part, an Incidental Safe Parking use may be provided on a Parcel owned or leased by the City, provided that the Safe Parking Area(s) shall include no more than 49% of the paved area.

(Ord. 30226.)

• A. Council Policy 6-16 (Uses of Public Property) and Chapter 6.46 of Title 6 of this Code (regulating Mobilehomes and Mobilehome Parks) shall not apply to Incidental Safe Parking.

• B. Incidental Safe Parking use is exempt from maximum exterior noise level of 55 dB, measured at the property line adjacent to a property used or zoned for residential purposes.

• (Ords. 30226, 30283.)

Part 18

TEMPORARY TRAILERS

Sections:

• 20.80.1720 Zoning districts and permit required.

• 20.80.1730 Temporary use trailer - Permit required.

20.80.1740 Temporary use trailer - Conditions of issuance.

• 20.80.1750 Temporary antenna trailer - Permit required.

20.80.1760 Temporary antenna trailer - Conditions of issuance.

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§ 20.80.1700

This part is to allow temporary trailers to be used only for the following purposes:

• A. The continuation of a commercial, industrial or manufacturing business while a primary structure is undergoing alteration or restoration; and

• B. The temporary erection of antennas mounted on trailers for short term operation while permitted alterations of existing wireless communication antennas are being constructed or for short term testing of coverage for wireless communication systems.

(Ords. 26248, 29364, 30603.)

The following definitions are for purposes of this part:

• A. "Primary structure" means an existing building in which a principal permitted commercial, industrial or manufacturing use has been conducted and as to which an applicant for a permit under this part has demonstrated a need for retrofit, restoration or other such work.

• B. "Temporary use trailer" means a trailer, modular unit or other moveable prefabricated structure which is 2,000 (two thousand) square feet or less in floor area.

• C. "Temporary antenna trailer" means a temporary, portable antenna, along with attendant cabinets and other equipment, mounted on a trailer that is licensed by the California Department of Motor Vehicles and is capable of towing by a single axle pickup truck.

• (Ords. 26248, 30603.)

No temporary use trailer or temporary antenna trailer shall be used on any property unless:

• A. The property is located in a commercial zoning district, in an urban village or mixed use zoning district, in an industrial zoning district, or those planned devel-

opment zoning districts which permit uses in the commercial or industrial districts; and

• B. The property owner has obtained a valid permit issued in conformance with this part.

• (Ords. 26248, 30603.)

• A. A temporary use trailer for use as a replacement structure during retrofit, restoration or other such work on a primary structure requires one of the following permits:

  1. An administrative permit, as provided in Chapter 20.100 of this title, and in conformance with the requirements of this section and Section 20.80.1740; or

  2. In the event the owner cannot meet the requirements of this part or the director denies an administrative permit, a special use permit, as provided in Chapter 20.100.

• B. All applications for a permit for a temporary use trailer shall set forth facts demonstrating to the satisfaction of the director the need to use a temporary use trailer to continue to conduct a commercial, industrial, or manufacturing use, which was in compliance with this title, at a primary structure located on the same lot for which the permit is being requested and in order to accomplish one or more of the following:

  1. Retrofit for seismic safety;

  2. Restoration of the primary structure necessitated by the total or partial destruction or damage of the structure by catastrophic event or sudden cause;

  3. Modification of the primary structure, or of equipment or processes at the facility, that requires on-site workers to vacate the primary structure while work is undertaken; or

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§ 20.80.1740

4. Other such work determined by the director to be in the interest of public health and safety.

• C. All applications shall demonstrate that the proposed temporary use trailer shall be maintained in conformance with the provisions of Section 20.80.1740.

• D. Upon a determination that the application meets the requirements of this part, the director may issue the administrative permit.

• (Ords. 26248, 29011, 30603.)

The use of any temporary use trailer shall be in accordance with all of the following conditions:

• A. The use of the temporary use trailer may be permitted for up to one year, and renewed for one additional year at the discretion of the Director.

• B. No more than one temporary use trailer per lot shall be permitted at any given time, except that in the case where temporary use trailers are being used to temporarily house on-site workers displaced from the primary structure due to temporary construction activities under the provisions of Section 20.80.1730 B.3., additional temporary use trailers may be permitted as needed to temporarily house those displaced workers provided that each and all of the temporary use trailers do not conflict with applicable development standards including without limitation setback and parking requirements.

• C. Temporary use trailers shall be located a minimum of fifteen feet from the front property line.

• D. No temporary use trailer shall be used in such a manner that circulation aisles are blocked.

• E. The minimum number of required offstreet parking spaces for the site shall be calculated according to the provisions of Chapter 20.90 based upon the cumula-

tive square footage of temporary use trailers and any remaining useable space in the primary structure.

• F. Not more than one sign shall be permitted per lot. Such sign shall be attached to the trailer and shall not exceed six square feet in area.

• G. The hours of operation shall be the same as for the preexisting use in the primary structure.

• H. Nothing herein excuses full compliance with the provisions of Section 20.150.020 of this title.

• I. The temporary use trailer shall comply with all applicable building and fire safety standards.

• J. All necessary city permits, in addition to those required by this part, shall be obtained prior to installation of the temporary use trailer.

• K. The temporary use trailer shall be removed and the construction site shall be cleared of all debris upon completion of the retrofit, reconstruction or other work on the primary structure or upon revocation or expiration of the administrative or special use permit, whichever occurs first.

• L. No certificate of occupancy, as provided for in Section 307 of the building code, shall be issued for the primary structure until after the temporary use trailer has been completely removed from the lot and all utilities have been disconnected from the temporary use trailer in a safe manner.

• M. Revocation of any permit issued hereunder shall be in accordance with the provisions of this title which are applicable to the type of permit issued.

• (Ords. 26248, 29011, 30603.)

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§ 20.80.1750

• A. A temporary antenna trailer for the testing of a wireless communication network requires the following permit:

  1. An administrative permit, as provided in Chapter 20.100 of this title, and in conformance with the requirements of this section and Section 20.80.1760; or

  2. In the event the owner cannot meet the requirements of this part or the director denies an administrative permit, a special use permit, as provided in Chapter 20.100.

• B. All applications for permit for a temporary antenna trailer shall set forth facts demonstrating to the satisfaction of the director that the temporary antenna trailer will be used to determine if the site is necessary for a wireless communications network.

• C. All applications shall demonstrate that the proposed temporary antenna trailer shall be maintained in conformance with the provisions of Section 20.80.1760.

• (Ords. 26248, 26455, 29364, 30603.)

The use of a temporary antenna trailer shall be in accordance with all of the following conditions:

• A. The temporary antenna trailer shall not exceed forty-five feet in height, or the maximum height of the zoning district, whichever is less; and

• B. The temporary antenna trailer shall operate for no more than one year at the site if for testing purposes; and

• C. If not for testing purposes the temporary antenna trailer shall operate for no longer than the duration of constructing permitted alterations of existing wireless communication antennas; and

  • D. No temporary antenna trailer, for testing purposes, shall have operated within two thousand feet of the proposed site in the previous two years; and

  • E. The issuance of the administrative permit is intended only for the temporary operation while permitted alterations of existing wireless communication antennas are being constructed or for the temporary testing of operation or design of the wireless communications network and the approval of such a temporary antenna trailer shall not serve as a justification or basis for future approvals of wireless communication antennas on the site; and

  • F. No more than one temporary antenna trailer per site may be permitted at any given time; and

  • G. The temporary antenna trailer shall be located a minimum of fifty feet from the property line; and

  • H. No temporary antenna trailer shall block any circulation aisles; and

  • I. The temporary antenna trailer shall comply with all applicable building and fire safety standards; and

  • J. All necessary permits shall be obtained prior to installation of the temporary antenna trailer; and

  • K. Revocation of any permit issued hereunder shall be in accordance with the provisions of this title which are applicable to the type of permit issued.

• (Ords. 26248, 29364, 30603.)

Part 19

UTILITY STRUCTURES

Sections:

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§ 20.80.1820

20.80.1820 Minimum development criteria - Utility structures located on property used or zoned for single-family use.

• A. No provider may construct a utility structure except within a private, public utility or public service easement and pursuant to an administrative permit issued pursuant to Chapter 20.100 of this title, a conditional use permit pursuant to Chapter 20.100 of this title or a development permit pursuant to subsection B.

• B. If a property owner requires installation of a utility structure as the result of property development requiring a development permit pursuant to Chapter 20.100, the location and placement of any utility structure shall be addressed as part of the development permit and is not subject to requirements of this part.

• C. The replacement of any existing utility structure is not subject to the requirements of this part if:

  1. The cubic volume of the replacement utility structure is no more than twenty percent greater than the existing utility structure; and

  2. The replacement utility structure does not contain any power generating equipment.

• (Ord. 26248.)

All utility structures shall conform to all of the applicable minimum criteria:

1. Utility structures shall be located in a private, public utility, or public service easement.

   2. Sight lines shall remain unobstructed at intersections or driveways consistent with the Caltrans Traffic Safety Manual on file with the director of public works.

   3. Utility structures shall be enclosed or screened, to the extent possible, to match existing fencing, screening, or landscaping.

   4. Utility structures shall be constructed and treated with appropriate materials which discourage or repel graffiti.

   5. Utility structures shall be sited to avoid impacts on ordinance sized trees.

2. No utility structure shall exceed one hundred ten cubic feet or a maximum height of five and one-half feet above grade, exclusive of meter panels or pedestals.

(Ord. 26248.)

• A. Utility structures located on property zoned or used for R-1 single-family residential uses shall conform to the following additional criteria:

  1. Utility structures shall maintain a minimum sixty feet setback from the front property line; and

  2. Utility structures shall not be located in the front setback; and

  3. Utility structures may be located in side setback areas or along a back fence if the backyard is along a major street;

  4. Utility structures shall maintain a minimum five-foot setback from the side property line or be located as closely as possible to an existing fence, whichever is less; and

  5. Utility structures shall not be located within six feet of a residential structure as measured from the wall of the residential structure.

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§ 20.80.1820

6. Utility structures must serve the immediate residential area in which it is located; and

7. A three hundred-foot separation shall be maintained between all utility structures located on land zoned R-1 or used for single-family residential purposes.

• (Ord. 26248.)

Utility structures that contain power generating equipment shall meet all of the following applicable minimum criteria:

1. Utility structures shall contain an automatic excess flow gas shutoff valve or other comparable equipment.

2. Maximum noise levels emanating from the utility structure shall be subject to the general plan noise policies.

3. The cabinet exhaust system and port:

   • a. The exposed exhaust stream temperature shall not exceed one hundred fifty eight degrees Fahrenheit and

   • b. The exhaust port shall be affixed with a warning label to indicate the danger of exposure to the exhaust temperature.

   • c. Backup batteries shall be programmed to vary their duration of operation with the length of power outage up to a maximum of thirty minutes. As technology allows and without increasing the size of the cabinets, cabinets should be retrofitted with higher capacity batteries capable of providing full service operation for a maximum of two hours a full (6.1fW) load.

The director shall include the following conditions in all permits for utility structures:

  1. The provider shall agree to be responsible for any damage caused by its activities to any existing public or private structure or facilities. 

  2. The provider shall indemnify and hold harmless the city and any officers and employees thereof against and from all claims, loss, liability, damages, judgments, decrees, costs and expenditures which the city or such officer or employee may suffer, or which may be recovered from or obtainable against the city or such officer or employee, proximately caused by and growing out of or resulting from the exercise of the permit. 

  3. The provider shall maintain all utility structures in a safe and clean manner. 

  4. The provider shall promptly remove all graffiti on any structure. In the event the provider fails to remove all graffiti from the structure within two business days following receipt of notification from the city, the city shall have the right to remove any graffiti and the provider shall reimburse the city for all costs incurred for the removal within thirty days of receipt of a bill for the work done. 

  5. Testing of emergency power equipment shall be limited to weekdays between the hours of 9:00 a.m. to 5:00 p.m., unless alternate hours are requested at the time the application is filed and agreed to, in writing, by all abutting property owners. 

  6. Any other condition deemed appropriate by the director. 

• (Ord. 26248.)

• (Ord. 26248.)

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§ 20.80.1915

Part 20

WIRELESS COMMUNICATION ANTENNA

Sections:

The maximum height of a wireless communication antenna may be increased over the required maximum height of the zoning district in which it is located up to a maximum of sixty feet provided that the antenna is a wireless communications antenna slimline monopole. (Ords. 26248, 27468.)

The maximum height of a building mounted wireless communication antenna may be increased over the required maximum height of the zoning district in which it is located provided that all of the following criteria are met:

• A. The antenna and/or related building alterations project no more than ten feet above the building surface on which it is located; or the antenna and/or related building alterations project no more than ten feet plus an additional foot of height for every ten feet the antenna is set back from the building parapet to a maximum height of fifteen feet; and

• B. The antenna is architecturally integrated into the building and all ancillary equipment is adequately screened; or

• C. The antenna does not add to the visual clutter of the building or structure.

• (Ord. 27468.)

• A. This section is adopted pursuant to Section 6409(a) of the 2012 Middle Class Tax Relief and Job Creation Act now codified at 47 U.S.C. Section 1455(a) ("Section 6409(a)") and Federal Communications Commission Report and Order FCC-14-153 ("Wireless Infrastructure Order") and shall be retroactive to April 9, 2015, the effective date of the Wireless Infrastructure Order.

• B. For purposes of this section, the following definitions shall apply:

  1. "Baseline condition" means:

     • a. As to height, the height of the original wireless tower or base station where the transmission equipment is proposed to be separated horizontally from the existing transmission equipment, such as on building rooftops, and for all other deployments, the height of the wireless tower or base station, inclusive of originally approved equipment and all modifications approved prior to February 22, 2012.

     • b. As to width, the width inclusive of originally approved equipment and all modifications approved prior to February 22, 2012.

  2. "Base station" means a non-wireless tower supporting structure at a fixed location which has transmission equipment that enables FCC licensed or authorized wireless communications between user equipment and a communications network.

  3. "Collocation" means the mounting or installation of transmission equipment on a wireless tower or base station for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

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§ 20.80.1915

4. "Concealment elements" means camouflaging methods applied to wireless towers and base stations that render wireless towers or base stations more visually appealing or blend the wireless tower or base station into an existing structure or visual backdrop in such a manner as to render the wireless tower or base station minimally visible to the casual observer. Concealment may utilize, but does not require, concealment of all components of the wireless transmission equipment.

5. "Current site" means:

   • a. For wireless towers, the current boundaries of the leased or owned property surrounding the wireless tower and any related access or utility easements; and

   • b. For base stations, the current boundaries of the leased or owned property surrounding the base station and any related access or utility easements, and further restricted to the area in proximity to the base station and other transmission equipment already deployed on the ground.

6. "Existing wireless tower" or "existing base station" means a wireless tower or base station, with both a physical and a legal existence, and does not include structures that (1) merely could support transmission equipment; (2) were illegally constructed without all proper wireless site review; or (3) were legally constructed but at a time when applicable local law did not require wireless site review, provided that a wireless tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

ission equipment; (2) were illegally constructed without all proper wireless site review; or (3) were legally constructed but at a time when applicable local law did not require wireless site review, provided that a wireless tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

7. "FCC" means the Federal Communication Commission.

8. "Modification" means removal or replacement of an antenna or any other wireless

transmission equipment or hardening of a wireless tower or base station, but does not include complete replacement of a wireless tower or base station.

9. "Substantially change the physical dimensions" means any of the following, and refers to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the baseline conditions for the wireless tower or base station that would have any of the effects described below:

   • a. Changing the physical dimensions or exposed surface area of a wireless tower or base station, where the changes would be inconsistent with the design of the baseline condition concealment; or

   • b. Entails excavation or deployment outside the current site boundaries.

   • c. Increasing the height of an existing wireless tower or base station, as measured against the baseline condition, by the greater of more than ten percent, or the height of one additional antenna array with separation from the nearest existing antenna, not to exceed twenty feet; or increasing the height of a base station by the greater of more than ten percent or ten feet, whichever is greater; or

   • d. Increasing the width of an existing wireless tower by adding an appurtenance to the body of the tower that would protrude from the edge of the tower by more than twenty feet or more than the width of the tower at the level of appurtenance, whichever is greater; or increasing the width of a base station by adding an appurtenance to the structure that would protrude more than six feet.

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§ 20.80.1915

  - e. Installing more than the standard number of new equipment cabinets for the technology involved, not to exceed four cabinets, installing new equipment cabinet(s) on the ground at base stations if there are no existing cabinets associated with the base station, or installing ground cabinets at base stations that are more than ten percent larger in height or overall volume that any other ground cabinet associated with the base station. 

  - f. Would result in the wireless tower or base station as modified being out of compliance with any baseline conditions associated with the wireless tower or base station, other than those conditions related to height, width, equipment cabinets, excavation/deployment, or concealment elements.

10. "Transmission equipment" means any equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennae and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply.

11. "Wireless" means any FCC authorized wireless communications service.

12. "Wireless tower" means any structure built for the sole or primary purpose of supporting any FCC licensed or authorized antennas and their associated facilities.

• C. Notwithstanding any other provision of Title 20 of this Code, a request for collocation or modification that will not substantially change the physical dimensions of an existing wireless tower or base station, shall be approved, conditionally approved or denied in accordance with the procedures set forth in Part 10 of Chapter 20.100 of this Code, with the excep-

tion of Sections 20.100.1210, 20.100.1220, 20.100.1250 and 20.100.1260, provided that the director finds that the proposed collocation or modification will comply with generally applicable building, structural, electrical and safety codes and all other objective standards set forth in this Code related to health and safety.

• D. In addition to all administrative permit application requirements otherwise applicable, each application for an administrative permit that is submitted under this section shall clearly identify the application as a Section 6409(a) wireless application and shall be accompanied by:

  1. A detailed written description of the proposed modifications to the existing facilities;

  2. A photograph or graphic description to scale, and a written description of the wireless tower or base station as originally constructed, if available, and a photograph of the existing wireless tower or base station, and a graphic depiction to scale of the wireless tower or base station after collocation or modification, showing all relevant dimensions overlayed on the current site;

  3. A description of all construction that will be performed in connection with the proposed collocation or modification, including any excavation;

  4. A signed declaration by the applicant certifying the baseline condition as to height and the current site boundaries.

  5. An environmental exemption form or approved environmental clearance issued by the city for the project.

  6. If the existing wireless tower or base station was approved by a jurisdiction or entity other than the City of San José, a copy of the original permit or approval and any amendments or modification to such permit or approval.

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§ 20.80.1915

7. Such other information as the director may deem necessary in order to allow review of the application for compliance with this Section 20.80.1915.

• E. The approval of a collocation or modification pursuant to this Section 20.80.1915 shall not extend the term of the initial development permit approval.

• F. This Section 20.80.1915 is adopted to maximize the city's ability to exercise discretionary review of applications for modification or collocation of wireless towers and base stations as consistent with Section 6409(a) and the Wireless Infrastructure Order. This section shall become null and void if Section 6409(a) or the Wireless Infrastructure Order is rescinded or invalidated. All permits issued pursuant to this Section 20.80.1915 shall terminate on the ninety-first day after Section 6409(a) or the Wireless Infrastructure Order is rescinded or invalidated.

• (Ord. 29546.)

Part 21

STAND-BY/BACKUP ELECTRICAL POWER GENERATION

Sections:

The intent of this part is to enable the expeditious permitting of energy generation facilities on properties without creating adverse conditions or impacts on neighboring properties. (Ords. 26388, 26456.)

No person shall place, construct or operate, or permit the placement, construction, or operation

of, any electrical power generation equipment or facility for the purpose of providing stand-by or backup power, either permanent or temporary, without first obtaining a permit pursuant to the provisions set forth in this title.

(Ords. 26388, 26456.)

stand-by/backup equipment.

• A. An applicant for an administrative permit to allow the placement, construction or operation of a stand-by or backup electrical power generation facility shall, in addition to all other administrative permit requirements, declare under penalty of perjury that the stand-by or backup electrical power generation facility sought for use subject to an administrative permit will at all times be maintained in full conformance with each and every one of the criteria and standards set forth in this part.

• B. An administrative permit to allow a stand-by or backup electrical power generation facility shall not be issued unless the director determines that all of the applicable criteria and standards set forth in this part are met.

• (Ords. 26388, 26456, 27757.)

• A. Any stand-by or backup electrical power generation facility shall meet all of the following criteria and standards listed below. Any electrical power generation uses that may be permitted with a site development permit, special use permit, or conditional use permit shall meet the standards and criteria below, provided that the director, planning commission, or city council, as the case may be, may relax such standards or impose stricter standards as a reasonable exercise of their discretion, upon a finding that such modifications are reasonably necessary in order to implement the general intent of this part and the purposes of this title.

T20:208

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§ 20.80.2220

• B. The standards and criteria for stand-by and back-up electrical power generation uses are as follows:

  1. Maximum noise levels, based upon a noise analysis by an acoustical engineer, will not exceed the applicable noise standards set forth in this title.

  2. If the applicable maximum air quality or noise standards are exceeded in the open space, agricultural, or any commercial or industrial zoning district, a conditional use permit issued in accordance with Part 6 of Chapter 20.100 of this title shall be required.

  3. A Bay Area Air Quality Management District (BAAQMD) permit has been issued for the use or facility.

  4. Operation of a temporary stand-by or backup power generation facility, by definition, shall not exceed a maximum time period of four (4) consecutive months in any twelve (12) month period.

  5. Testing of generators is limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.

(Ords. 26388, 26456, 27757.)

Part 22

HOTEL SUPPORTIVE HOUSING

Sections:

• 20.80.2210 Permit application.

• 20.80.2220 Findings.

• 20.80.2230 Permit term.

• 20.80.2240 Permit conditions.

• A. No person shall use any portion of any hotel or motel for hotel supportive housing except with a conditional use permit issued pursuant to the provisions of Chapter 20.100 and this Part 22.

• B. Assistance, training, counseling, and personal services needed to enable persons occupying the hotel supportive housing units to make the transition to permanent housing may be provided, with or without meals, as an incidental use to the operation of hotel incidental housing as permitted by a conditional use permit.

• (Ord. 29447.)

In addition to the requirements for a conditional use permit application set forth in Section 20.100.110, the application for a hotel supportive housing conditional use permit shall include submittal of a proposed management plan which addresses management issues including, but not limited to, good neighbor relations, transportation access, security, maintenance and repair responsibility, case management of residents, services for residents, and food services. (Ord. 29447.)

The Planning Commission may issue a conditional use permit for hotel supportive housing only after making the findings specified in Section 20.100.720, and additionally finding that:

• A. As of August 1, 2014 and through the date of consideration of the conditional use permit, the hotel or motel which will be used for the hotel supportive housing was an existing and a permitted or legal nonconforming use of the property on which it is located;

• B. The hotel or motel which will be used for the hotel supportive housing is not located on a parcel of real property within any of the following areas:

  1. The area north of Skyport Drive within the North San José Area Development Policy Boundary, as defined in Section 14.29.020 D. of Title 14 of this Code; or

  2. The Edenvale Area Development Policy Area, as defined in Section 20.200.342; or

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§ 20.80.2220

  3. The International Business Park Area, as defined in Section 20.200.578. 

• C. A management plan for the operation of said hotel supportive housing as approved by the planning commission adequately addresses management issues including, but not limited to, good neighbor relations, transportation access, security, maintenance and repair responsibility, case management of residents, services for residents, and food services.

• (Ord. 29447.)

• A. The conditional use permit for hotel supportive housing shall be limited to a term of not to exceed five years.

• B. If the hotel or motel use is a discontinued for a period of ninety days or more on a site for which a conditional use permit has been issued for hotel supportive housing, the conditional use permit for the hotel supportive housing use will expire and no longer be in effect.

• C. Notwithstanding Section 20.100.750, the planning commission may approve an application for renewal of a conditional use permit for hotel supportive housing for one additional successive terms of not to exceed five years, but only after remaking the findings specified in Section 20.100.720 based on up to date evidence and conditions that exist at the time of the renewal hearing, and finding that there is no evidence of material or continuing noncompliance with any condition of the prior permit.

• D. In no event shall the term for any conditional use permit for hotel supportive housing extend beyond December 31, 2026.

• (Ord. 29447.)

In addition to conditioning the conditional use permit for hotel supportive housing on adherence to the management plan approved by the plan-

ning commission, the planning commission may require that a manager for the hotel or motel use shall be available on site at all times, and may impose such other conditions as may be necessary to ensure compliance with this Part 22 and to make the findings required under Section 20.100.720 of this Code.

(Ord. 29447.)

This Part 22 shall be effective until December 31, 2026.

• (Ord. 29447.)