San Jose Municipal Code Part 6 Site Development

A. Environmental Review. Except to the extent exceptions are provided in the Shelter Crisis Act or other State law, the development of Homeless Shelters shall be subject to review under the California Environmental Quality Act of 1970 ("CEQA"), together with related State CEQA Guidelines and Title 21 of the San José Municipal Code.

B. Air Quality. Homeless Shelters shall comply with the CEQA guidelines of the Bay Area Air Quality Management District dated May 2017.

C. Biological. Homeless Shelters shall comply with the federal Migratory Bird Treaty Act and with City of San José habitat conservation plan, to the extent applicable.

D. Cultural. The development of Homeless Shelters sites shall obtain a Historic Resources Assessment report; and in the event that report identifies historic resources, impact and analysis study will be required.

E. Geology and Soils. Development of Homeless Shelters shall comply with the requirements of the City's or other applicable National Pollutant Discharge Elimination System permits, to the extent applicable.

F. Greenhouse Gas Emission. Homeless Shelters shall comply with the State Greenhouse Gas Emission reporting rules, to the extent applicable.

G. Emergency Response Plan. Homeless Shelters shall prepare prior to occupancy an Emergency Response Plan developed in consultation with the Fire Department.

H. Hydrology. Development of Homeless Shelters shall comply with the requirements of the City or other applicable National Pollutant Discharge Elimination System permits, any California Department of Transportation permits and Council Policies 6-28, 6-29, and 8-14, to the extent applicable.

I. Land Use. Development of Homeless Shelters shall comply with the Santa Clara Valley Habitat Plan, to the extent applicable.

J. Noise and Vibration. Development of Homeless Shelters should be on sites with exterior noise levels not in excess of 70dbA (24 hour leq) in the Homeless Shelter areas or as determined by the Enforcing Agency. Interior noise levels shall be further limited as determined by the Enforcing Agency.

K. Emergency Access. Homeless Shelters shall prepare prior to construction an Emergency Vehicle Access Plan developed in consultation with the Fire Department.

L. Utilities and Service Systems. Development of Homeless Shelter and Mobile Shelter Community sites shall comply with the requirements of City or other applicable National Pollutant Discharge Elimination System permits and any California Department of Transportation permits, to the extent applicable.

(Ord. 30969.)

A. Buildings on same lot. Buildings or structures used for emergency housing, shall be separated from each other and from other buildings on the same lot as set forth in Section 705.3 of the California Building Code, except where National Fire Protection Association (NFPA) Standard 1194 applies. The Building Official and City Fire Marshal may accept reasonable alternatives to these requirements provided reasonably equivalent fire and life safety is achieved.

B. Fire extinguishers. Portable fire extinguishers shall be provided in accordance with Section 906.1 of the California Fire Code.

C. Flammable or combustible liquids. The possession or storage of any flammable or combustible liquids or gases shall not be permitted (intact cigarette lighters excepted). The use of any type of open flame indoors or outdoors is prohibited unless approved by the City Fire Marshal.

D. Homeless Shelters shall comply with NFPA 1194, Standards for Recreational Vehicle Parks and Campgrounds unless otherwise approved by the approved by the City Fire Marshal.

E. Water supply. An approved fire protection water supply complying with Section 507 of the California Fire Code, or as approved by the City Fire Marshal, shall be provided for each structure, group of structures or premises used for emergency housing.

F. Fire Access. Fire Department access to buildings and premises used for emergency housing shall be in compliance with Section 503, Appendix D and Section 504 of the California Fire Code, as approved by the City Fire Marshal.

G. Identification. Emergency housing and tent or RV spaces shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the RV, Tent, building or structure. Each identification character shall be not less than 4 inches (102 mm) in height and not less than 0.5 inch (12.7 mm) in width, installed/painted on a contrasting background.

H. Accessibility. Emergency housing shall comply with the applicable requirements in Chapter 11B of the California Building Code and/or the US Access Board Final guidelines for Emergency Transportable Housing.

(Ord. 30969.)