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DEFINITIONS

SJ-MC tit. 18, ch. 18.40, pt. 2
in effect

San José Municipal Code § 18.40.200 Definitions.

18.40.200 - Definitions. The definitions set forth in this part shall govern the application and interpretation of this chapter. Words and phrases not defined in this part shall be interpreted so as to give this chapter is most reasonable application. (Ord. 29203.)

San José Municipal Code § 18.40.210 Building permit.

18.40.210 - Building permit. "Building permit" includes a full structural building permit, as well as a partial permit, such as a foundation-only permit, grading permit, or any other permit or approval for a project authorizing a ground-disturbing activity for a covered activity. (Ord. 29203.)

San José Municipal Code § 18.40.220 Covered activity.

18.40.220 - Covered activity. "Covered activity" means any activity defined in Section 2.3 of Chapter 2 of the HCP/NCCP as a covered activity and not otherwise exempted from the requirements of the HCP/NCCP. Development activity at the Norman Y. Mineta San José International Airport is not a "covered activity" defined in the HCP/NCCP as development activity at the airport, not covered by the April 30, 1997 Airport Master Plan Environmental Impact Report, including all supplements and addenda thereto, is required to comply with Federal Aviation Administration regulations regarding wildlife hazard management on and near airport property for aircraft and public safety purposes, and shall go through an independent review process with the Wildlife Agencies pursuant to the California Environmental Quality Act ("CEQA") and the National Environmental Policy Act ("NEPA"), as applicable. (Ord. 29203.)

San José Municipal Code § 18.40.230 Covered species.

18.40.230 - Covered species. "Covered species" means the species, listed and non-listed, whose conservation and management are provided for in the HCP/NCCP and for which incidental take is authorized by the wildlife agencies pursuant to the take permits. Covered species are also listed in Exhibit A to the implementing agreement. (Ord. 29203.)

San José Municipal Code § 18.40.240 Habitat conservation plan/natural communities conservation plan.

18.40.240 - Habitat conservation plan/natural communities conservation plan. "Habitat Conservation Plan/Natural Communities Conservation Plan" or "HCP/NCCP" means the Santa Clara Valley Habitat Conservation Plan/Natural Communities Conservation Plan adopted by the city council on January 29, 2013, and any amendments thereto. (Ord. 29203.)

San José Municipal Code § 18.40.250 Implementing agreement.

18.40.250 - Implementing agreement. "Implementing agreement" means that agreement made and entered into by and among the United States Fish and Wildlife Service ("USFWS") of the United States Department of the Interior, the California Department of Fish and Wildlife ("CDFW") of the State of California Natural Resources Agency, the Santa Clara Valley Habitat Agency (the "Implementing Entity"), the County of Santa Clara ("County"), the City of San José ("San José"), the City of Gilroy ("Gilroy"), the City of Morgan Hill ("Morgan Hill"), the Santa Clara Valley Water District ("Water District"), and the Santa Clara Valley Transportation Authority ("VTA") that defines the parties' respective roles and responsibilities and provides a common understanding of actions that will be undertaken to implement the HCP/NCCP. (Ord. 29203.)

San José Municipal Code § 18.40.260 Implementing entity.

18.40.260 - Implementing entity. "Implementing entity" means the Santa Clara Valley Habitat Agency formed on January 29, 2013, by and among the County of Santa Clara and the cities of Gilroy, Morgan Hill, and San José pursuant to the Joint Powers Act (Government Code § 6500 et seq.). (Ord. 29203.)

San José Municipal Code § 18.40.270 Local plan area.

18.40.270 - Local plan area. "Local plan area" means that portion of the geographic study area defined in the HCP/NCCP that lies within the corporate boundaries of the City of San José. (Ord. 29203.)

San José Municipal Code § 18.40.280 Mitigation fees.

18.40.280 - Mitigation fees. "Mitigation fees" or "fees" means any habitat plan fee(s) that applies to covered activities in the local plan area as adopted by the implementing entity in accordance with Chapter 9 of the HCP/NCCP and the fee studies in support thereof, and any amendments to those fees, unless otherwise exempted from the fee requirements of the HCP/NCCP by the implementing entity. (Ord. 29203.)

San José Municipal Code § 18.40.290 Planning permit.

18.40.290 - Planning permit. "Planning permit" means any discretionary permit that authorizes a ground disturbing activity for a covered activity, including, but not limited to, tentative map, parcel map, conditional use permit, site development permit, planned development permit, special use permit, or any other discretionary permit, excluding general plan amendments, zoning and rezoning, annexation, specific plans, and area development policies. The term "planning permit" also includes any building permit where no other planning permit is required. (Ord. 29203.)

San José Municipal Code § 18.40.300 Project applicant.

18.40.300 - Project applicant. "Project applicant" means any person or entity applying for a planning permit for a project authorizing a ground-disturbing activity for a covered activity, including any person or entity opting in to the HCP/NCCP pursuant to Chapter 6.2 of the HCP/NCCP. (Ord. 29203.)

San José Municipal Code § 18.40.310 Take.

18.40.310 - Take. "Take" and "taking" have the same meaning provided by the Federal Endangered Species Act ("ESA") (16 U.S.C. §§ 1531-1544) and its implementing regulations with regard to activities subject to the ESA, and also have the same meaning provided in Section 86 of the California Fish and Game Code, with regard to activities subject to the California Endangered Species Act ("CESA") (Fish and Game Code § 2050 et seq.), and the California Natural Community Conservation Planning Act ("NCCPA") (Fish and Game Code §§ 2800-2835). (Ord. 29203.)

San José Municipal Code § 18.40.320 Take permits.

18.40.320 - Take permits. "Take permits" means the federal incidental take permit issued by USFWS to the Implementing Entity, the County, San José, Gilroy, Morgan Hill, the Water District, and VTA (collectively, "Permittees") based on the HCP/NCCP pursuant to Section 10(a)(1)(B) of the ESA, and the state incidental take permit issued by CDFW to the permittees based on the HCP/NCCP pursuant to Section 2835 of the California Fish and Game Code. (Ord. 29203.)
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=TIT18LOPL_CH18.40HACOPL_PT2DEFetched: 11/1/2026

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