San Jose Municipal Code Part 3 Administration

Footnotes:

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State Law reference— For statutory provisions on administration of specific plans, see Gov. Code § 65550 et seq.

No building, structure or other improvement costing more than five hundred dollars to construct or install shall hereafter be placed or constructed within the right-of-way lines for proposed new streets or within the future right-of-way lines for existing streets proposed to be widened, as said right-of-way lines are set forth in any precise plan adopted by the council; and no building, structure or other improvement costing more than five hundred dollars shall hereafter be constructed or placed closer to such right-of-way lines for existing streets proposed to be widened that shall be permitted in any precise regulation adopted by the council limiting the location of buildings, structures or other improvements with respect to such right-of-way lines.

(Prior code § 11120; Ord. 19065.)

The building official shall not issue a building permit for any building, structure or other improvement prohibited under the provisions of Section 18.12.150. He shall inform the applicant of the reason for his refusal to issue a permit.

(Prior code § 11121; Ord. 19065.)

Any person who is refused a building permit pursuant to the provisions of Section 18.12.160 may appeal to the planning commission and request a hearing on the matter before said commission.

(Prior code § 11122; Ord. 19065.)

A. Within ten days after the conclusion of any such hearing, the commission shall direct the building official to issue a building permit if said commission finds all of the following to be true:

1. That the entire property, of which the portion directly affected by the precise plan or regulation is a part, is of such nature that the owner thereof will be substantially damaged by the refusal to grant the permit;

2. That the entire property will not earn a fair return on the owner's investment therein unless the construction involved is authorized;

3. That, balancing the interests of the public in keeping open and unimproved the portion of the owner's entire property directly affected by the precise plan or regulation against the interests of the owner of the entire property in being allowed to make the construction involved, the granting of a permit is clearly required by consideration of justice and equality.

B. If the commission finds that any one of the conditions set forth under subdivisions 1, 2 or 3 above is not true, it shall not direct the building official to issue a building permit.

C. Notwithstanding the provisions of Section 18.12.160, the building official shall issue a building permit when directed to do so by the planning commission.

(Prior code § 11123; Ord. 19065.)

Nothing contained in this Part 3, shall be construed as permitting the construction of any building, structure or other improvement within the right-way lines of existing streets, or within the right-way lines of streets which are hereafter open or dedicated to public use or in contravention of the provisions of any other title of this Code.

(Prior code § 11124; Ord. 19065.)