Chapter 19.08

19.08.020 Alley.

19.08.030 Building department.

19.08.040 City council.

19.08.050 City engineer.

19.08.060 Collector street.

19.08.070 Commission.

19.08.080 Cul-de-sac street.

19.08.090 Dead-end street.

19.08.100 Design.

19.08.110 Director.

19.08.120 Drainage facility.

19.08.130 Driveway.

19.08.140 Earth.

*State law reference— For statutory definitions in the Subdivisions Map Act, see Gov. Code § 66414 et seq.

19.08.180 Freeway.

19.08.190 Frontage.

19.08.200 Frontage road.

19.08.210 General plan.

19.08.220 Geological hazard.

19.08.230 Hillside area - Map incorporated by reference.

19.08.240 Improvement.

19.08.250 Inundation.

19.08.260 Lot.

19.08.270 Major street.

19.08.280 Minor street.

19.08.290 Minor subdivision.

19.08.300 One-way street.

19.08.310 Parcel.

19.08.320 Parcel map.

19.08.330 Pedestrian way.

19.08.340 Planning department.

19.08.345 Remainder.

19.08.350 Roadway.

19.08.360 Shall and may.

19.08.370 Sight distance.

19.08.380 Slope easement.

19.08.390 Split-level street.

19.08.400 Standard specifications and details.

19.08.410 Street.

19.08.420 Structural design.

19.08.430 Subdivider.

19.08.440 Subdivision.

19.08.450 Subdivision Map Act.

19.08.460 Tentative map.

19.08.470 Zoning ordinance.

For the purpose of this Title 19, certain words and phrases are defined and certain provisions shall

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§ 19.08.010

be construed as herein set forth unless it shall be apparent from their context that a different meaning is intended. (Prior code § 9206.)

"Dead-end street" means a minor street having but one outlet for vehicular traffic, without special provision for turning around. (Prior code § 9206ff.)

"Alley" means a public way, other than a freeway or street as defined in this chapter, intended primarily for vehicular access to the back or side of properties otherwise abutting on a street. (Prior code § 9206a.)

"Building department" means the building department of the City of San José. (Prior code § 9206b.)

"City council" means the city council of the City of San José. (Prior code § 9206e.)

"City engineer" means the director of public works of the City of San José. (Prior code § 9206c.)

"Collector street" means a street whose primary function is to carry vehicular traffic from minor streets to a freeway, expressway or major street.

(Prior code § 9206dd.)

"Commission" means the city planning commission of the City of San José. (Prior code § 9206d.)

"Cul-de-sac street" means a minor street having but one outlet for vehicular traffic with special provision for turning around. (Prior code § 9206ee.)

"Design" means design as defined in the Subdivision Map Act. (Prior code § 9206f.)

"Director" means the director of planning of the City of San José. (Prior code § 9206g.)

"Drainage facility" means any device or structure which may be used to control the flow of water, including, but not limited to, pipes, ditches, berms, channels, gutters, curbs, walls, pavement, and appurtenant safety devices. (Prior code § 9206h.)

"Driveway" means a private minor vehicular right-of-way, other than a street, the primary function of which is to provide access to property from a street as defined herein. (Prior code § 9206i.)

"Earth" means rocks, bedrock, minerals, soils, organic materials or any combinations thereof, irrespective of their mode or origin or their physical characteristics.

(Prior code § 9206i.1.)

"Expressway" means a street that is used, or is intended to be used, for the primary purpose of serving through traffic to which the owners of abutting lands may have only limited or restricted rights

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§ 19.08.240

or easements of access to or from their abutting lands and which may have grade separations at intersections.

(Prior code § 9206gg.)

"Final map" means a map showing a subdivision for which a tentative and final map is required under Section 66426 of the Subdivision Map Act, prepared in accordance with the provisions of this title and the Subdivision Map Act and designed to be recorded in the office of the county recorder. (Prior code § 9206j; Ord. 18750.)

"Flood hazard" means a potential danger to life, land or improvements due to water runoff having sufficient velocity to transport or deposit debris, to scour the surface soil, or to dislodge or damage buildings or erode the banks of watercourses. (Prior code § 9206k.)

"General plan" means the latest revised general plan for the City of San José. (Prior code § 9206n.)

"Geological hazard" means any condition in earth, whether naturally occurring or artificially created, which is dangerous or potentially dangerous to life, property or improvement due to the movement, failure or shifting of earth. (Prior code § 9206o.)

"Hillside area" means the land so designated on the map entitled, "Hillside Area Map," dated December 5, 1967, which map is hereby adopted and incorporated herein by reference, a copy of which said map is on file in the office of the city clerk, available for public inspection, reference to which said copy is hereby made. (Prior code § 9206p.)

"Freeway" means a public right-of-way that is used, or intended to be used, for the primary purpose of serving through traffic to which the owners of abutting lands have no right or easement of access to or from their abutting lands. (Prior code § 9206hh.)

"Frontage" means that portion of the boundary of a lot which abuts a street providing access to such a lot.

(Prior code § 9206l.)

"Frontage road" means a street generally parallel and adjacent to a freeway or expressway which affords limited access to such freeway or expressway, and direct access to abutting property and/or minor streets. (Prior code § 9206m.)

• A. "Improvement" means street work and utilities, including drainage facilities and sanitary sewer facilities, to be installed or agreed to be installed by the subdivider within land to be used for public or private streets, pedestrian ways, alleys, ways, rights-of-way and easements as are necessary for the general use of the lot owners in the subdivision, and local neighborhood traffic, drainage and sanitary needs as a condition precedent to the approval and acceptance of the final map or parcel map. Such street work and utilities may include street grading and paving, Portland cement concrete curbs and gutters, Portland cement concrete sidewalks, Portland cement concrete driveway approaches, ornamental fences and landscaping, where double frontage lots are approved, catch basins, sanitary sewer mains, laterals and appurtenances, street lights, including electrical conduits and cables,

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§ 19.08.240

street name signs, fire hydrants, street trees, flood-control channels and facilities, and erosion-control structures.

• B. "Improvement" shall also mean such specific improvements or types of improvements the installation of which, either by the subdivider, by public agencies, by private utilities, or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general and specific plans of the City of San José.

(Prior code § 9206q.)

"Inundation" means ponded water of sufficient depth or water in motion of sufficient depth to cause damage to person or property or to the public health, safety or welfare due to the mere presence of the water or to deposition of silt. (Prior code § 9206r.)

"Lot" means a parcel of land identified on a final or parcel map recorded in the office of the council recorder with a separate and distinct number or letter.

(Prior code § 9206s; Ord. 18570.)

"Major street" means a street which is designated as a major collector or arterial on the land use transportation diagram of the approved general plan of the City of San José. (Prior code § 9206ii; Ord. 19216.)

"Minor street" means a street that is used or is intended to be used for the primary purpose of providing access to abutting property and serving local as distinguished from through traffic. (Prior code § 9206jj.)

"Minor subdivision" means any subdivision composed of four or less lots or parcels. (Prior code § 9206ss.)

"One-way street" means a street in which the movement of vehicular traffic is in one direction only.

(Prior code § 9206kk.)

"Parcel" means a separate piece of real property. (Prior code § 9206t.)

"Parcel map" means a map showing a subdivision for which a parcel map is required under Subdivision (a), (b), (c) or (d) of Section 66426 of the Subdivision Map Act, and other subdivisions for which a final map is not required under the Subdivision Map Act prepared in accordance with the provisions of this chapter and the Subdivision Map Act designed to be recorded in the office of the county recorder. (Prior code § 9206u.)

"Pedestrian way" means a right-of-way for the use of the public for pedestrian and bicycle traffic only.

(Prior code § 9206v.)

"Planning department" means the planning department of the City of San José. (Prior code § 9206w.)

When a subdivision, as defined in Section 19.08.440, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing.

For such a designated remainder parcel, the fulfillment of construction requirements for improvements shall not be required until such time as a permit or other grant of approval for development of the remainder parcel is issued by city or

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§ 19.08.440

until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and city. In the absence of such an agreement, city may require fulfillment of such construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the city, that fulfillment of the construction requirements is necessary for reasons of:

1. The public health and safety; or

2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.

"standard details," approved by resolution of the city council and which are applicable at the time of approval of the tentative map.

• B. The standard specifications and standard details are incorporated herein by reference and prescribe the materials and workmanship to be used in the construction of improvements required under this Title 19.

(Prior code § 9206bb; Ord. 24108.)

"Street" means a public or private right-ofway, excluding freeways, whose primary function is to carry vehicular traffic. (Prior code § 9206cc.)

(Ord. 22126.)

"Roadway" means that portion of a right-ofway for a street intended to accommodate the movement and parking (if allowed) of vehicles. (Prior code § 9206x.)

"Shall" is mandatory and "may" is permissive. (Prior code § 9206y.)

"Sight distance" means the contiguous length of street ahead visible to the driver. (Prior code § 9206z.)

"Slope easement" means an easement for cuts or fills which are required for the construction or maintenance of a street.

"Structural design" means the determination of the thickness of subbases and pavements to be placed over basement soil. (Prior code § 9206mm.)

"Subdivider" means the person, individual, group of individuals, persons, firm or firms, corporation or corporations, association or associations, syndicate or syndicates, partnership or partnerships, or any other legal entity or entities, or any combination of the foregoing, who proposes to divide, divides or causes real property to be divided into a subdivision, as that term is defined in this chapter, for himself or others, except that employees and consultants of such persons or entities acting in such capacity are not subdividers. (Prior code § 9206nn; Ord. 18570.)

(Prior code § 9206aa.)

"Split-level street" means a street which provides for vertical separation of vehicular traffic. (Prior code § 9206ll.)

• A. "Standard specifications" means the specifications entitled "standard specifications" and

• A. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated

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§ 19.08.440

by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1351 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. "Subdivision" does not include:

1. Buildings divided into apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks for the purpose of leasing or financing;

2. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, if such project is subject to review under other ordinances of city regulating design and improvement;

3. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

4. Land divided by mineral, oil or gas leases;

5. Land dedicated for cemetery purposes under the Health and Safety Code of the state;

6. Leases of agricultural land for agricultural purposes, that is, cultivation of food or fiber or the grazing or pasturing of livestock;

7. A lot line adjustment between four or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not hereby created, provided the lot line adjustment is approved by the director. The review and determination of approval of the lot line adjustment is limited to whether or not the parcels resulting from the lot line adjustment will conform

   • to the general plan, any applicable coastal plan, and zoning and building ordinances. No conditions or exactions shall be imposed on approval of a lot line adjustment except to conform to the general plan, any applicable coastal plan, or zoning and building ordinances. No requirement for the prepayment of real property taxes, or the relocation of existing utilities, infrastructure, or easements shall be required prior to the approval of the lot line adjustment. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded by the property owner. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code;

or to the approval of the lot line adjustment. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded by the property owner. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code;

8. Land divided into four or less parcels for construction of removable commercial buildings having a floor area of less than 100 square feet;

9. Any other exclusion cited in Section 66412 of the Subdivision Map Act.

• B. Any conveyance of land to a governmental agency, public entity or public utility or subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.

• C. "Subdivision" also includes a condominium project, as defined in Civil Code Section 1351, containing two or more condominiums, as defined in Civil Code Section 783, or a community apartment project, as defined in Business and Professions Code Section 11004, containing two or more parcels, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code.

• D. Nothing in this section shall prevent a purchaser of a unit of land created under the

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§ 19.12.010

provisions of the Subdivision Map Act or this title from subdividing such land one time, pursuant to the provisions of the Subdivision Map Act, prior to the time that an equalized county assessment roll has been completed reflecting the creation of the unit proposed to be subdivided.

(Prior code § 9206oo; Ords. 18570, 19215, 22126, 26635.)

"Subdivision Map Act" means the Subdivision Map Act of the state, Division 2 of Title 7 of the Government Code of the state of California. (Prior code § 9206pp.)

"Tentative map" means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property. (Prior code § 9206qq; Ord. 18570.)

"Zoning ordinance" means the zoning ordinance of the City of San José contained in Title 20 of this San José Municipal Code. (Prior code § 9206rr.)