Exemption for certain parcels in minor subdivisions - Notation required on parcel map.
San José Municipal Code § 19.16.190
in effect19.16.190 - Exemption for certain parcels in minor subdivisions - Notation required on parcel map.
A. Whenever a parcel of real property is divided so as to become a minor subdivision, the director may, but shall not be required to, exempt the portion to remain in the original owner from the provisions and regulations of this title, except to the extent that such provisions and regulations are necessary to serve the parcel or parcels to be transferred or developed, or are necessary to insure adequate access to the parcel or parcels remaining in such owner, provided that the director finds that:
1. The parcel or parcels so exempted are not currently proposed for development and are subject to the issuance of a development permit or use permits, PD, conditional or site permit or permits before development can occur; and
2. Dedication of land, construction of improvements, payment of sanitary sewer connection fees, storm drainage fees and other fees normally required for parcels at the time of development are not needed for the parcel or parcels exempted at the time the development or use permit is approved and the parcel map recorded, and there is assurance that they will be provided if necessary or required under appropriate regulations at the time of development of such exempted parcel or parcels.
B. Approval of the tentative map for a minor subdivision and recordation of a parcel map therefor shall not preclude the city from requiring further dedication of land and improvements and payment of applicable fees including, but not limited to, sanitary sewer connection fees and storm drainage fees for the parcel or parcels exempted under the provisions of this section, at the time of development of such parcel or parcels, and shall not be construed to be a waiver of requirements of such dedication, improvement and fees for such exempted parcel or parcels at the time of development, notwithstanding the provisions of Section 19.40.100 of the San José Municipal Code and Section 66499.35 of the Subdivision Map Act. Each tentative map and parcel map for minor subdivisions which contain a parcel or parcels exempted under this section shall contain the following notation which shall refer to the exempted parcel or parcels marked thereon:
"Parcel (or parcels) No.(s) _________ (insert the appropriate lot number or numbers of exempted parcel or parcels) is (are) subject to future dedication and improvement requirements under Site Development Permit(s), PD Permit(s), Conditional Use Permit(s), or similar regulations and payment of applicable sanitary sewer connection fees and storm drainage fees and other applicable fees before development."
(Prior code § 9234.1; Ord. 26734.)
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_CH19.16FIMAPAMA_19.16.190EXCEPAMISUOTREPAMAFetched: 11/1/2026