San Jose Municipal Code Part 17 Temporary and Incidental Shelter Use in a Place of Assembly

Footnotes:

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Editor's note— Ord. 29976, § 1, adopted Aug. 22, 2017, effective Sept. 22, 2017, amended Part 17 in its entirety to read as herein set out. Former Part 17, §§ 20.80.1600 - 20.80.1620, pertained to temporary shelter in church, and derived from Ord. 26248.

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 Shelter" means the providing of shelter of homeless people as an incidental use to an existing primary Assembly Use provided that the incidental use occupies less than fifty (50%) percent of the usable square footage of the Assembly Building(s), and the shelter is provided inside existing Building(s) that are constructed and operating in compliance with the San José Municipal Code. Incidental Shelter is not an Emergency Residential Shelter.

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.

(Ord. 29976.)

A. An Assembly Use that is a legal use may provide Incidental Shelter to homeless persons:

1. If 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.

B. A management plan shall be submitted as part of any permit application for Incidental Shelter in Assembly Building(s).

(Ord. 29976.)

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

1. The Incidental Shelter 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 Shelter use.

B. The application shall be denied where the information which is either submitted by the applicant or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ord. 29976.)

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

1. Assembly Buildings may be used as Incidental Shelter on a legal Parcel that is at least three thousand (3,000) square feet in size.

2. Assembly Buildings may provide Incidental Shelter to no more than fifty (50) persons in one twenty-four (24) hour period.

3. At no time shall the number of persons sheltered in any Assembly Buildings exceed the maximum square footage and occupancy standards set forth in Title 17 of this Code.

4. 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.

5. All persons receiving Incidental Shelter shall sleep and eat within Assembly Buildings. No person shall eat or be housed in tents, lean-tos or other temporary facilities.

6. The proposed Incidental Shelter 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.

7. The Incidental Shelter use shall comply with the requirements of Section 20.80.1610 or Section 20.80.1640.

(Ord. 29976.)

Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, no conditional use permit or special use permit shall be required for any Incidental Shelter use that meets and remains in full compliance with all of the following requirements:

1. The maximum occupancy for any Incidental Shelter use shall be fifty (50) persons or as set forth by the City's Fire Code, whichever is more restrictive.

2. The Incidental Shelter use shall be allowed on a legal Parcel that is at least three thousand (3,000) square feet in size.

3. The Incidental Shelter use shall be located on a Site that has a Frontage and legal access to the Parcel where Incidental Shelter is provided.

4. The Parcel containing the Incidental Shelter use shall be located within the City's Urban Service Area.

5. The Incidental Shelter use shall not be located closer than a minimum distance of five hundred (500) feet from any Parcel on which another Incidental Shelter use exists, where the distance between the Parcels is measured from the nearest Parcel line to the nearest Parcel line.

6. The portion of a Building containing the Incidental Shelter use shall not be located at a distance closer than a minimum of one hundred and fifty (150) feet from any residential use that is located on another Parcel, measured from the nearest Building wall containing the Incidental Shelter use to the nearest Parcel line of a Parcel containing a residential use.

7. The Parcel containing the Incidental Shelter use shall comply with City Council Policy Number 4-3 on Outdoor Lighting for Private Developments, as may be amended from time to time.

8. Any Development Permit requirement associated with interior or exterior modifications for the Building containing the Incidental Shelter shall not be waived by this Section.

9. Incidental Shelter uses shall be registered with the Housing Department, on such forms as may be approved by the Director of Housing.

10. Facilities containing Incidental Shelter uses shall be inspected for occupancy compliance with the Fire Code.

11. Quiet hours on any Parcel containing an Incidental Shelter 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.

12. Any Site containing an Incidental Shelter 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.

13. The Incidental Shelter Use shall comply with the requirements of Section 20.80.1630.

(Ord. 29976.)

A. Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, any Assembly Use that is a legal use may provide temporary shelter to homeless persons subject to each of the following limitations:

1. An Assembly Use may provide temporary shelter to no more than thirty (30) persons in one twenty-four (24) hour period.

2. An Assembly Use may provide temporary shelter up to two (2) times in a calendar year. The total amount of days for such shelter may not exceed ninety (90) days in any calendar year.

3. At no time shall the number of persons sheltered in any Assembly Buildings exceed the maximum square footage and occupancy standards set forth in Title 17 of this Code.

4. 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.

5. All persons receiving temporary shelter shall sleep and eat within Assembly Buildings. No person shall eat or be housed in tents, lean-tos or other temporary facilities.

6. The temporary shelter 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.

7. An Assembly Use providing temporary shelter shall be registered with the Housing Department, on such forms as may be approved by the Director of Housing.

B. Notwithstanding Sections 20.80.1610 and 20.80.1620 of this Part, any Assembly Use that provided temporary shelter to the homeless consistent with the terms of Ordinance No. 29663 during the period between June 30, 2017 and the effective date of this Ordinance shall be deemed to have been in compliance with this Part during that period.

C. For illustrative purposes only, below is a table comparing the significant features of temporary shelter to incidental shelter:

(Ord. 29976.)