San Jose Municipal Code Part 1 Definitions

This Chapter 14.10 supplements the prevailing wage requirements in Chapter 14.09 of this Title 14.

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The definitions in this Part 1 govern the application and interpretation of this Chapter 14.10.

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"Affordable Housing Cost" has the same meaning as that phrase has in Section 5.08.105 of Chapter 5.08 of Title 5 of the San José Municipal Code, as it may be amended.

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"Area Median Income" has the same meaning as that phrase has in Section 5.08.130 of Chapter 5.08 of Title 5 of the San José Municipal Code, as it may be amended.

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"De Minimis" has the same meaning as that word has in California Labor Code Section 1720(c)(3), as it may be amended.

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"Financially Infeasible" means that the typical Private Construction Projects, as that term is defined in Section 14.10.090 of this Chapter 14.10, in a Subcategory of Use, as that term is defined in Section 14.10.100 of this Chapter 14.10, are not likely to be built absent a reduction in fees and/or taxes applicable to the Projects.

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"Good Faith Efforts" means the efforts that a reasonable Person would determine is a diligent and honest effort under the same or similar set of facts or circumstances.

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"Local Resident" means an individual who is domiciled, as defined by Section 349(b) of the California Election Code, as it may be amended, within Santa Clara County for at least seven (7) calendar days before commencing work on a Private Construction Project.

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A. "Private Construction Project" means a project that is owned and controlled by one or more private Persons and that is for the construction of one or more buildings or structures.

B. Private Construction Project includes any development project that is owned and controlled by one or more private Persons and that includes a plan to undertake construction of one or more buildings or structures.

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"Subcategory of Use" means a specified category of land use, other than one of the five general land use categories specified in Section 14.10.300, in which all the Private Construction Projects within the category share one or a combination of the following characteristics:

A. The same limited geographical boundaries;

B. A specified building typology;

C. A specified use as defined in Title 20 of the San José Municipal Code; and/or

D. A determined building size or range, as defined by building area or unit count.

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Subject to the exclusions in Part 4 of this Chapter 14.10, "Subsidy" means either of the following:

A. The City's contribution of land, money or other direct financial assistance to a Private Construction Project; or

B. The City's reduction, permanent suspension or exemption of any fee or tax applicable to a single Private Construction Project or to multiple Private Construction Projects.

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A. "Total Work Hours" means the total hours of work needed to complete construction of a Private Construction Project and performed by any journey level, apprentice or other construction worker employed by any contractor or subcontractor.

B. Notwithstanding Subsection A, "Total Work Hours" does not include hours of work on construction of the Private Construction Project performed by residents of states other than California.

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"Underrepresented Worker" means an individual who meets any one of the following conditions at the time the individual begins work on a Private Construction Project:

A. The individual is a risk of losing his/her home, the individual is homeless, or the individual is housed within the past twelve (12) months before which he/she was homeless;

B. The individual is receiving public assistance;

C. The individual is participating in a reentry program or was formerly incarcerated;

D. The individual has been continuously unemployed for the previous year;

E. The individual has a family or household income that falls below the current United States Department of Housing and Urban Development threshold for low income households in Santa Clara County;

F. The individual has been emancipated from the foster care system;

G. The individual is a veteran of the United States military;

H. The individual is participating in a program for "at-risk" youth; or

I. The individual is a survivor of labor trafficking.

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