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DEFINITIONS

SJ-MC tit. 19, ch. 19.38, pt. 1
in effect

San José Municipal Code § 19.38.005 Definitions.

19.38.005 - Definitions. The definitions set forth in this part shall govern the application and interpretation of this chapter. (Ord. 27949.)

San José Municipal Code § 19.38.010 Affordability restrictions.

19.38.010 - Affordability restrictions. "Affordability Restrictions" shall mean covenants, conditions and restrictions running with the land and recorded in the Office of the Santa Clara County Recorder in connection with a residential unit to be utilized by Lower or Moderate Income Households within the City. The Affordability Restrictions shall require that the residential unit be utilized by Low or Moderate Income Households for a minimum period as may be required by local, state or federal law. (Ords. 27949, 30541.)

San José Municipal Code § 19.38.015 Affordable housing unit.

19.38.015 - Affordable housing unit. "Affordable Housing Unit" is defined as residential units that have an Affordability Restriction. (Ord. 30541.)

San José Municipal Code § 19.38.020 Community park.

19.38.020 - Community park. "Community park" shall mean a city park serving the community that may include more specialized or unique facilities that are not typically provided in a neighborhood park to serve the diverse needs of the community such as: lighted sports fields, community gardens, swimming pools, dog parks, skate parks and community centers. (Ord. 27949.)

San José Municipal Code § 19.38.025 Director.

19.38.025 - Director. "Director" shall mean the director of planning, building and code enforcement or such other director as designated by the city manager. (Ord. 27949.)

San José Municipal Code § 19.38.028 Gross household income.

19.38.028 - Gross household income. "Gross Household Income" means the sum of income available to a family at the time of application. Gross Family Income shall be based on all income or compensation earned or received in the last four (4) consecutive weeks. Gross Household Income shall not include: Supplemental Security Income (SSI), income from trusts fully funded by SSI payments, Temporary Assistance to Needy Families (TANF), or any other governmental assistance. Generally, Gross Family Income shall include, but not be limited to, the following: (a) Wages and salary; (b) Child support; (c) Alimony; (d) Unemployment compensation; (e) Worker's compensation; (f) Retirement Income; (g) Veteran's pension; (h) Social Security; (i) Pensions and annuities; (j) Dividends and interest on savings, stocks, and bonds; (k) Income from estates and trusts; (l) Net rental income or royalties; (m) Net income from self employment; and (n) Other forms of compensation or financial contributions. (Ord. 30541.)

San José Municipal Code § 19.38.030 Joint use agreement.

19.38.030 - Joint use agreement. "Joint use agreement" shall mean a written agreement between the city and a public agency that provides for the development or renovation of park facilities and/or recreational facilities on the public agency property and that shall at a minimum include: A. The specific times, days, hours, responsibilities and types of use of the public agency property by the city and the public agency; and B. A provision ensuring that the dollar amount invested by the city will be commensurate with the hours of city use; and C. A provision that the term of the joint use agreement shall be commensurate with the useful life of the proposed park facilities and/or recreational facilities. (Ord. 27949.)

San José Municipal Code § 19.38.035 Low income unit.

19.38.035 - Low income unit. "Low Income Unit" shall mean a residential unit subject to an Affordability Restriction that limits occupancy to households that earn between 0% - 80% of the Area Median Income or as established and amended from time to time pursuant to Health and Safety Code Section 50079.5 as amended. In the event such standards are discontinued, the Council shall, by resolution, establish eligibility standards for Lower Income Households. (Ords. 27949, 30541.)

San José Municipal Code § 19.38.040 Lower income households.

19.38.040 - Lower income households. "Lower income households" shall mean persons and families whose incomes do not exceed the qualifying limits for lower income households as established and amended from time to time pursuant to Health and Safety Code Section 50079.5 as amended. In the event such standards are discontinued, the council shall, by resolution, establish eligibility standards for lower income households. (Ord. 27949.)

San José Municipal Code § 19.38.042 Moderate income unit.

19.38.042 - Moderate income unit. "Moderate Income Unit" shall mean a residential unit subject to an Affordability Restriction in compliance with and pursuant to a recorded Affordable Housing Agreement required by Chapter 5.08 of San José Municipal Code that limits occupancy to households that earn between 80% - 120% of the Area Median Income or as established and amended from time to time pursuant to Health and Safety Code Section 50079.5 as amended. In the event such standards are discontinued, the Council shall, by resolution, establish eligibility standards for Lower Income Households. (Ord. 30541.)

San José Municipal Code § 19.38.045 Neighborhood park.

19.38.045 - Neighborhood park. "Neighborhood park" shall mean a city park that serves a neighborhood and includes amenities such as play fields, hard courts, tot lots, picnic areas and open turf or natural areas. (Ord. 27949.)

San José Municipal Code § 19.38.050 Park facilities.

19.38.050 - Park facilities. "Park facilities" shall mean community parks, neighborhood parks, and the neighborhood and community-serving elements of regional parks. (Ord. 27949.)

San José Municipal Code § 19.38.055 Parkland agreement.

19.38.055 - Parkland agreement. "Parkland agreement" shall mean a written agreement between the city and the subdivider to satisfy the subdivider's obligations under this chapter. (Ord. 27949.)

San José Municipal Code § 19.38.070 Public agency property.

19.38.070 - Public agency property. "Public agency property" shall mean real property which the public agency owns in fee simple or the public agency owns an easement over the real property. (Ord. 27949.)

San José Municipal Code § 19.38.075 Recreational facilities.

19.38.075 - Recreational facilities. "Recreational facilities" shall mean recreational improvements that are not typically provided in either a neighborhood park or a community park such as trails or community gardens. Recreational facilities shall also mean recreational improvements, such as community centers or sports fields, that are not located in either a neighborhood park or a community park. (Ord. 27949.)

San José Municipal Code § 19.38.080 Regional park.

19.38.080 - Regional park. "Regional park" shall mean a city park that has unique features that attracts visitors from throughout the city, that protects and interprets the city's natural and cultural resources or that provides specialized outdoor recreational facilities, such as festival sites, that are not typically duplicated in other parks in the city. (Ord. 27949.)

San José Municipal Code § 19.38.085 Residential care facility for the elderly.

19.38.085 - Residential care facility for the elderly. "Residential care facility for the elderly" shall mean a residential development licensed to provide care to the elderly pursuant to California Health and Safety Code Section 1569.10 and Chapter 8 of Division 6 of Title 22 of California Code of Regulations, as may be amended from time to time. (Ord. 27949.)

San José Municipal Code § 19.38.090 Schedule of fees and credits.

19.38.090 - Schedule of fees and credits. "Schedule of fees and credits" shall mean the resolution of the city council setting forth the schedule of parkland fees and credits applicable to residential units subject to this chapter. (Ord. 27949.)

San José Municipal Code § 19.38.095 Stormwater detention facility.

19.38.095 - Stormwater detention facility. "Stormwater detention facility" shall mean a facility designed to manage peak stormwater runoff flow, volume and duration, and/or a treatment control device designed to reduce stormwater pollutant loading from a developed site or a portion of a developed site. (Ord. 27949.)

San José Municipal Code § 19.38.100 Subdivider.

19.38.100 - Subdivider. "Subdivider" shall mean a person who submits a tentative map for city's approval that is subject to the provisions of this chapter. (Ord. 27949.)

San José Municipal Code § 19.38.110 Trail.

19.38.110 - Trail. "Trail" shall mean a linear corridor which provides a completely separated right-of-way with crossflows by motorists minimized and which is designated for recreational purposes such as walking, running, horseback riding, bicycling, or in line skating. (Ord. 27949.)
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_CH19.38PADE_PT1DEFetched: 11/1/2026

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