Chapter 17.76

COMMON INTEREST DEVELOPMENTS

Sections:

• 17.76.115 Residential common interest development project.

• 17.76.117 Director.

• 17.76.120 Plan check and inspection.

• 17.76.130 Fees.

• 17.76.150 Refunds.

As used in this chapter, "common interest development" shall have the same meaning as set forth in California Civil Code Section 1351 as amended. (Ords. 23069, 23924.)

T17:286

BUILDINGS AND CONSTRUCTION

§ 17.76.120

As used in this chapter, the "common area" of a common interest development shall have the same meaning as that set forth in California Civil Code Section 1351 as amended.

(Ords. 23069, 23924.)

As used in this chapter:

• A. "Residential common interest development project" or "project" means a proposed improvement to real property for which a final map for a common interest development for residential use has been approved.

• B. "New residential common interest development project" or "new project" means a residential common interest development project for which no building permit has been issued.

• C. "Phased residential common interest development project" or "phased project" means a residential common interest development project for which construction of common area improvements is to be conducted in phases.

• (Ord. 23924.)

For purposes of this chapter, unless otherwise indicated the term "director" means the director of public works.

(Ord. 24621.)

• A. No building permit for a new project shall be issued unless all of the plans required to be approved have been approved by the director in accordance with all applicable city standards and the provisions of this section.

• B. The director shall review the construction plans and inspect the project improvements for:

  1. Private streets, circulation drives, access roads, parking bays, and parking lots with respect to the following:

     • a. Street layout and geometry;

     • b. Pavement structure;

     • c. Curbs, gutters, attached sidewalks, and detached sidewalks which run parallel with and are separated from a street or parking area by a narrow landscaped strip;

     • d. Driveway approaches;

     • e. Stress pads for garbage trucks;

     • f. Face-of-curb drains;

     • g. Backfill of utility trenches; and h. Monumentation.

  2. The entire storm and sanitary systems which are outside the buildings including, but not limited to, mains and laterals located within residential common interest development projects.

• C. The inspections required under this section are in addition to other inspections required pursuant to this Code in connection with the issuance of building, plumbing, mechanical, electrical and/or grading permits.

• D. In the case of a phased project, the building permits for the first phase or phases to be constructed may be issued upon construction plan approval for the phase to which the permit(s) pertains. No building permit shall be issued and no work shall be commenced on common area improvements pertaining to other subsequent phases until construction plans pertaining to those phases have been reviewed and approved.

• E. It shall be the duty of the person doing the work required to be inspected under this section to notify the director that the work is ready for inspection and to cause the work to be accessible and exposed, as necessary, for inspection purposes.

• F. Prior to the issuance of any certificate of occupancy or release for occupancy, the appli-

T17:287

SAN JOSÉ CODE

§ 17.76.120

cant shall provide a self-certified statement to the satisfaction of the chief building official that the project as constructed meets the City of San José common interest development standards.

(Ords. 23069, 23924, 24621.)

• A. The fees charged to defray the city's costs and the expenses of conducting the inspections and plan reviews required under this chapter shall be as set forth in the schedule of fees established by resolution of the city council.

• B. Fees charged for inspections and plan review conducted pursuant to this chapter shall be due and payable as follows:

  1. Fifty-five percent of the fees applicable to a project are due and payable at the time private street plans are submitted to the department for review;

  2. The remainder of the fees are due and payable prior to approval of the final map or parcel map.

(Ords. 23069, 23924, 24621.)

Fees paid to the city pursuant to this chapter may be refunded in whole or in part, upon a determination by the director of the department to whom the fee was paid that:

• A. The fee or a portion thereof was collected in error; or

• B. Approval of the development expired or was revoked, and no development thereunder commenced prior to said expiration or revocation.

• (Ord. 23069.)