Chapter 19.04

GENERAL PROVISIONS*

Sections:

• 19.04.020 Reference to other laws.

• 19.04.030 Application of title provisions - Annexed areas.

• 19.04.040 Director of planning to be advisory agency - Powers and duties.

• 19.04.050 Modifications or waivers authorized when.

• 19.04.060 Conditions for disapproval of maps

  • Waiver permitted when.

• 19.04.070 Regulations not to apply to certain short-term leases and public conveyances.

• 19.04.080 Passive or natural heating or cooling.

It is the purpose of this Title 19 to regulate and control the division of land within the City of San José and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the city engineer, the director and city council regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be necessary for the preservation of the public health, safety and general welfare.

(Prior code § 9200.)

Whenever reference is made to any portion of this title or to any ordinance or statute, such refer-

*Cross reference— For the general provisions in the Subdivision Map Act, see Gov. Code § 66410 et seq.

ence applies to all amendments and additions to such title provisions, ordinance or statute now or hereafter made.

(Prior code § 9202.)

• A. The regulations set forth in this title shall apply to all subdivisions or parts thereof within the city, and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the city shall be made, and each such map such be prepared and presented for approval, as hereafter provided for and required.

• B. When any area in a subdivision as to which a final map or parcel map has been recorded pursuant to the Subdivision Map Act is thereafter annexed to the city, the final map or parcel map and any agreements relating to such subdivision shall continue to govern such subdivision.

• C. When any area in a subdivision or proposed subdivision as to which a tentative map has been filed but a final map has not been finally approved, or as to which a parcel map is required, but such parcel map has not been recorded, is annexed to the city, all procedures and regulations required by the Subdivision Map Act or this Title 19 shall be deemed to commence as of the effective date of the annexation and the map shall comply with all the requirements including also the payment of fees of any applicable ordinance of the city.

• D. Any subdivider may file a tentative map of a proposed subdivision in a territory adjacent to such city prior to annexation. If such map is approved, such approval shall be conditional upon the annexation of the property to city within a time to be specified in such condition and such approval shall not be effective until annexation of such property to city has been completed. If annexation is not completed within the time specified or any extension

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SAN JOSÉ CODE

§ 19.04.030

thereof, then the approval of such map shall be null and void. No final or parcel map may be filed under this provision unless annexation to the city has been completed. (Prior code § 9201; Ord. 22126.)

The director is designated the "advisory agency" as defined in the Subdivision Map Act, and is charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, and having the authority to approve, conditionally approve, or disapprove tentative maps of proposed subdivisions. (Prior code § 9204.)

tions imposed by the Subdivision Map Act or this title (and in the case of a parcel map or final map, applicable at the time of approval of the tentative map), such maps shall be disapproved by the person or body authorized to approve such maps, provided that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed; provided, that when such failure to comply occurs because of technical and inadvertent error which, in the determination of the director in the case of a tentative map, the city engineer in the case of a parcel map, and the city engineer or the city council on appeal in the case of a final map, does not materially affect the validity of the particular map in question, such failure to comply may be waived, and the map may be approved.

(Prior code § 9205.1; Ords. 18750, 26386.)

The director may modify or waive any regulation contained in this Title 19 if it is found that:

• A. A special individual reason makes it unreasonable or impracticable for the subdivider to observe the strict letter of the regulation;

• B. The modification or waiver does not violate the spirit and purpose of the Subdivision Map Act or of this Title 19; and

• C. The modification or waiver is reasonably necessary or expedient for the preservation and enjoyment of a substantial property right of the subdivider and will not be detrimental to the public welfare, provided, however, that whenever city council approval is required for any deviation from any regulation contained in this chapter the director may not modify or waive such regulation without prior approval of the city council.

• (Prior code § 9205.)

Whenever a tentative parcel or final map fails to comply with any of the requirements or condi-

The regulations of this Title 19 shall not apply to divisions of real property created solely by shortterm leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation, defined as such by Section 230 of the Public Utilities Code or for land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates the application of such regulations to such short-term leases or conveyances in such individual cases. (Prior code § 9293; Ords. 19627, 22126.)

The design of a subdivision for which a tentative map is required pursuant to Section 66426 of the Government Code of the state of California shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision in accordance with the require-

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SUBDIVISIONS

§ 19.08.010

ments of Section 66473.1 of the said Government Code. For the purposes of this section, feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. This section does not apply to condominium projects which consist of the subdivision of this space in an existing building when no new structures are added. (Ords. 19629, 22126.)

Wherever the word "soil report" appears in Sections 19.12.060, 19.12.070 and 19.16.120 of the San José Municipal Code, the said word shall be deemed to be "soils report." (Ord. 19629.)