San Jose Municipal Code Part 1.5 Bail Bond Establishments

The purposes of this part are to provide reasonable regulations to govern the appropriate siting of certain uses of real property, specifically bail bond establishments; to prevent adverse effects that can result from the concentration or clustering of such uses in close proximity to residential uses, and to retain business opportunities for uses other than bail bond establishments within close proximity to the Santa Clara County department of correction main jail complex.

(Ord. 28954.)

The location and operation of a bail bond establishment shall comply with all of the following criteria at the time that the bail bonds establishment locates at a site if no development permit is required or at the time a development permit is issued if a development permit is required:

A. All property lines of the real property on which the bail bond establishment is located are at least two hundred feet from other bail bond establishments situated within or outside the city; and

B. All property lines of the real property on which the bail bond establishment is located are at least two hundred feet from real property zoned for residential uses or on which a public park or public or private kindergarten-twelfth grade school is located.

(Ord. 28954.)

Notwithstanding the provisions of Section 20.40.500 of Chapter 20.40 of this title related to late night use and activity in commercial districts, a bail bond establishment may operate between the hours of midnight and 6:00 a.m. within those commercial zoning districts specified in Section 20.40.100 of Chapter 20.40 of this title without first obtaining a conditional use permit for such late night operations only if the location and late night operations of that bail bond establishment fully conform with all of the following standards and criteria at all times:

A. The real property on which the bail bond establishment is located is outside of the main jail area, which "main jail area" means, for purposes of this title, the area bounded by Highway 87, Rosemary Street, Sixth Street, Empire Street, and Hawthorne Street; and

B. The provisions of Section 20.80.075 above are met; and

C. The bail bond establishment does not exceed two thousand square feet of floor area; and

D. The late night activity of the bail bond establishment does not involve any customers, deliveries, employee errands, or other arrivals to and departures from the bail bond establishment between the hours of midnight and 6:00 a.m.; and

E. The bail bond establishment removes all litter, graffiti, or other materials on the site of the bail bond establishment between the hours of 8:00 a.m. and 10:00 p.m.; and

F. The bail bond establishment meets all other requirements of this title, including but not limited to all regulations contained in Chapter 20.40 for commercial zoning districts.

(Ord. 28954.)