Part 1 — PLAN ADOPTION AND VARIANCES

In accordance with the provisions of the Conservation and Planning Act of the state, there is hereby adopted a street and highway plan as a part of the master plan of the city.

(Prior code § 7100.)

The aforesaid street and highway plan is adopted, and is declared to be established to conserve and promote the public health, safety, peace, morals, comfort, convenience and general welfare, and for the accomplishment thereof is adopted for the purposes more particularly set forth as follows:

A.

To assist in providing a definite plan of development for the city, and to guide, control and regulate the future growth of the city in accordance with said plan;

B.

To obviate the menace to the public safety resulting from inadequate provisions for traffic thoroughfares in connection with, and as a result of the development of the city;

C.

To provide a guide for the intelligent outlay of the capital expenditures of the city for street and highway improvements;

D.

To provide an authentic source of information as to the development of the city for prospective residents and investors therein;

E.

To provide a pattern for such future subdivisions of land as may take place in the city;

F.

To show the general locations and widths of a comprehensive system of managing traffic thoroughfares and other trafficways and of streets, the recommended treatment thereof, and building line setbacks.

G.

To prevent deterioration of property values and impairment of conditions making for desirable residential, commercial or industrial development;

H.

To provide light and air to those occupying property, protection against fire, protection against traffic accidents, and to provide room for children to play.

(Prior code § 7101.)

The street and highway layout of any subdivision of land falling under the provisions of subdivision title, Title 19 of this Code, shall be based upon the aforesaid street and highway plan.

(Prior code § 7102.)

For the full accomplishment of the provisions of this chapter, the official plan lines of streets and highways which shall be incorporated into the aforesaid street and highway plan shall be established as particularly set forth on maps, each of which shall be entitled: "Official Plan Lines Map, Being a Part of the Street and Highway Plan of the Master Plan of the City of San José." Said maps, and all notations, information and data appearing thereon, shall be incorporated herein and made a part of this chapter.

(Prior code § 7103.)

The adoption of the aforesaid street and highway plan shall in all particulars have the full force and effect provided by law, and specifically by the provisions of the Conservation and Planning Act of the state. Said street and highway plan is set forth on that certain map entitled: "Major Street and Highway Plan, San José and Vicinity," being a part of the master plan of the city. Said map, together with all notations, information and data contained thereon, is hereby made a part of this chapter. Any amendments to said map shall be set forth on a series of section maps, each of which shall be entitled: "Section _________ of the Major Street and Highway Plan." Said section maps, together with all notations, information and data contained thereon, shall be made a part of this chapter. The city council hereby declares it to be its intention to amend this chapter from time to time by including therein such additions to the street and highway plan as public necessity and convenience may require.

(Prior code § 7104.)

No building, structure or other improvement shall hereinafter be erected or placed within the official plan lines of streets and highways as adopted by this chapter, and no permit therefor shall be issued by the superintendent, department of building; except that this provision shall not apply to gardens and such other ordinary front-yard uses, nor to front-yard fences or other more or less nonpermanent structures presently permitted under the ordinances of the city.

(Prior code § 7105.)

The city council, upon the recommendation of the city planning commission, shall have power to grant adjustments or variances in the strict application of the provisions of the preceding Section 13.04.060 in cases in which the strict application of such provisions would result in the serious impairment of substantial property rights.

(Prior code § 7106.)

Application for any adjustment or variance permissible under the provisions of Sections 13.04.060 and 13.04.070 shall be made to the city planning commission. Upon receipt of any such application, the city planning commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the city, within ten days next preceding the date of said hearing. At said hearing, the applicant shall present a written statement in such form as the city planning commission may require, showing:

A.

That there are special circumstances or conditions attached to the property upon which the proposed building, structure or other improvement is sought to be erected or placed;

B.

That the granting of the application is necessary for the preservation and enjoyment of substantial property rights.

(Prior code § 7107.)

The city planning commission shall thereupon make its decision upon the said application, and shall report such decision to the city council within thirty days after receipt of the application.

(Prior code § 7108.)

In recommending the granting of any adjustment or variance under the provisions of this Part 1, the city planning commission shall designate such conditions in connection therewith as will, in its opinion, result in the adjustment or variance causing the minimum possible interference with the purposes of this chapter, and with the ultimate accomplishment of the objectives of the aforesaid street and highway plan. In reporting its decision to the city council, the city planning commission shall report its finding with respect thereto, and all facts in connection therewith, and shall specifically and fully set forth any adjustment or variance which is recommended, and the condition designated in connection therewith.

(Prior code § 7109.)

Upon receipt of such report, the City Council shall, by resolution, make its decision upon the aforesaid application. If such decision shall approve the granting of an adjustment or variance, the permit applied for shall be issued, subject to the conditions designated by the City Planning Commission, or such modification thereof as the City Council shall approve. In all cases in which adjustments or variances are

granted, the City Council shall require such guarantees, upon recommendation of the City Planning Commission, as it may deem necessary in connection with the granting of such adjustment or variance.

The Design Criteria for the street right of way - Geometric Cross sections are listed in Table 1 in Section 13.05.070. Each street designation shown has expected functional class and typology in conformance with City's General Plan. Cross sections of each street designation showing right of way and traveled way widths are shown on Figures in the City's Complete Streets Design Standards and Guidelines. All street design submitted on tentative maps and site plans that include City streets shall comply with design criteria in said guidelines.

(Prior code § 7110; Ord. 30100.)

The secretary of the city planning commission is hereby instructed to cause to be recorded in the office of the county recorder a full, true and correct copy, duly attested, of all maps of the official plan lines which are hereafter added to this chapter by amendment.

(Prior code § 7111.)

The city engineer is hereby instructed to post notices conspicuously in each block, or part of a block, along each street and highway for which official plan lines shall hereafter be established, by the addition of maps of this chapter by amendment. Said notices shall be printed, and shall each contain the following words (with the blanks appropriately filled):

"The width of _______ is hereby established as _____ feet, according to the Master Plan of the City of San José. Keep all buildings or other structures hereafter erected outside the established official street and building lines, as shown upon the official plan line of map of _______, as filed for record in the office of the County Recorder of the County of Santa Clara, in Book _____ of Official Plan Line Maps, at page on the ___ day of ____, 19"

(Prior code § 7112.)