Modifications or waivers authorized when.
San José Municipal Code § 19.04.050
in effect19.04.050 - Modifications or waivers authorized when.
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.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT19SU_CH19.04GEPR_19.04.050MOWAAUWHFetched: 11/1/2026