San Jose Municipal Code Part 3 Special Freight Loading Zones

The director is authorized to establish special freight loading zones in the Central Traffic District consistent with the requirements of this Part 3.

(Ord. 26356.)

The director may establish a special freight loading zone upon the request of a business if each of the following conditions exist:

A. The business requesting the special freight loading zone is a large live entertainment venue; and

B. The business requesting the special freight loading zone is located on the side of the block immediately adjacent to the proposed zone; and

C. An ongoing and regular part of the business requesting the special freight loading zone involves deliveries or pick ups at least two days per week, with each delivery or pick up requiring the loading or unloading of freight in excess of two consecutive hours; and

D. The delivery needs of the business requesting the special freight loading zone can only be accommodated through the use of the immediately adjacent public street; and

E. The establishment of a special freight loading zone would not result in inadequate on-street parking or inadequate freight loading zones established pursuant to Part 2 to accommodate the needs of other businesses located on either side of the street on the city block upon which the proposed special freight loading zone would be established.

(Ord. 26356.)

A. The director shall not establish a special freight loading zone of a length greater than reasonably appropriate to accommodate the needs of any business to be served by the zone. The director shall consider the on-street parking, and the loading and unloading needs of other businesses in determining the length of the special freight loading zone.

B. Any block containing a special freight loading zone shall not be subject to the restriction set forth in Section 11.52.340.

(Ord. 26356.)

A. The director shall designate a special freight loading zone by a yellow paint line upon the top and face of the curb within such zone and by signs indicating such special freight loading zone placed adjacent to the painted curb at the beginning and end of the zone.

B. The signs designating a special freight loading zone shall give notice that parking or stopping within the zone is prohibited except for vehicles displaying a special freight loading zone permit issued pursuant to this Part 3.

C. The signs designating a special freight loading zone shall also give notice that parking or stopping in violation of the prohibition set forth in this Part 3 may result in removal of the vehicle.

(Ord. 26356.)

Upon the proper application of a business, the director shall issue the applicant business a special freight loading zone permit in the Central Traffic District if each of the following requirements exist:

A. The business requesting the special freight loading zone permit is a large live entertainment venue; and

B. The business requesting the special freight loading zone permit is located on the side of the block immediately adjacent to the proposed zone; and

C. An ongoing and regular part of the business requesting the special freight loading zone permit involves deliveries or pick ups at least two days per week, with each delivery or pick up requiring the loading or unloading of freight in excess of two consecutive hours; and

D. The applicant business does not have sufficient on-site or off-site areas to accommodate the loading and unloading of freight in excess of two consecutive hours, and such loading and unloading needs can only be accommodated through the use of the immediately adjacent public street.

(Ord. 26356.)

The director shall issue to each applicant business that qualifies to use a special freight loading zone no more than the number of permits needed by the business.

(Ord. 26356.)

A. The holder of a special freight loading zone permit is authorized to display the permit on any vehicle making a delivery or pick up of freight to the permit holder.

B. A vehicle properly displaying a special freight loading zone permit is authorized to park in a special freight loading zone for no longer than the time necessary to complete the loading or unloading of freight to the permit holder.

C. The holder of a special freight loading zone permit shall use only the special freight loading zone for all of its other freight loading and unloading needs to the extent the zone is not occupied or needed for the loading and unloading of freight anticipated to be in excess of two consecutive hours.

D. The holder of a special freight loading zone permit is authorized to use freight loading zones for its other loading and unloading needs only to the extent the special freight loading zone is unavailable because of use by vehicles making deliveries or pickups in accordance with this Part 3. All vehicles parking in the freight loading zone shall strictly adhere to the regulations applicable to freight loading zones.

E. A special freight loading zone permit is only valid in the special freight loading zone for which it is issued.

F. A valid special freight loading zone permit does not guarantee or reserve to the permit holder a parking space within a special freight loading zone.

(Ord. 26356.)

A. No person shall park or stop a vehicle in a special freight loading zone without displaying, in the manner required by the director, a valid special freight loading zone permit and acting in compliance with the conditions set forth in Section 11.52.560.

B. No person to which a special freight loading zone permit has been issued shall use the permit except as set forth in this Part 3.

(Ord. 26356.)

A. The director shall fix the period during which special freight loading zone permits are valid, provided that no such permit shall be valid for longer than two years.

B. The director will automatically renew a special freight loading zone permit upon affirmative evidence showing that the same business use that formed the basis for the original permit issuance is continuing.

C. Renewal of special freight loading zone permits shall be in accordance with the rules established by the director.

(Ord. 26356.)

Except as otherwise provided in Section 11.52.560, no business that has been issued a special freight loading zone permit shall sell, transfer or allow another business to use the permit.

(Ord. 26356.)

The fees for obtaining, renewing, and replacing a special freight loading zone permit shall be as set forth in the schedule of fees established by resolution of the city council.

(Ord. 26356.)

The director may deny an application for issuance or renewal of a special freight loading zone permit upon determining that the applicant or permittee has:

A. Supplied the director with incorrect information;

B. Violated any conditions placed upon the permit; or

C. Otherwise failed to comply with the provisions of Part 3.

(Ord. 26356.)

A. The director shall notify an applicant or permittee, in writing, of the director's decision to deny or revoke a special freight loading zone permit.

B. The notice of decision shall state the grounds for denial of the application or revocation of the special freight loading zone permit and shall notify the applicant or permittee of the opportunity and procedures for a hearing.

C. The notice of decision shall become final unless a written request for hearing is received by the director within ten days after the date of the notice of decision.

(Ord. 26356.)

A. Upon receipt of a timely written request for a hearing on a notice of decision to deny an application of a special freight loading zone permit or to revoke such a permit, the director shall schedule a hearing. The director shall promptly notify the applicant or permittee of the hearing date, time and location.

B. The hearing with the director shall be held within ten business days after receipt of the written request for hearing.

C. The hearing will be informal and the technical rules of evidence shall not apply. The permittee or applicant may be represented by any person.

D. After closing the hearing, the director shall give a decision sustaining, reversing or modifying the decision to deny or revoke a special freight loading zone permit. A written notice of final decision shall be hand delivered or sent by mail to the permittee or applicant within five business days following the hearing.

(Ord. 26356.)