Publication Date

Fall 2000

Degree Type

Master's Project

Degree Name

Master of Urban Planning (MUP)

Department

Urban and Regional Planning

Abstract

Today urban planners have many tools at their disposal to develop, nurture and endorse proper planning techniques in both future urban developments and existing neighborhoods. However, when it comes to existing neighborhood code enforcement many planning departments lack proper funding to efficiently enforce code compliance issues in existing neighborhoods. Financial constraints placed on our urban planning departments, coupled with increasing urban sprawl, make code enforcement of existing neighborhoods difficult and time consuming. Today’s big city planners are investing more time on current issues like rapid growth, affordable housing, water, sewage, traffic congestion, and other pressing infrastructure issues. In general, neighborhood issues and code compliance have taken a back seat, partly because neighborhood code compliance is difficult and time consuming to manage.

This planning report will examine how Covenants, Conditions and Restrictions interact with the classic theory of neighborhood tensions, transitions and quality of life. It will investigate whether properly written, maintained and enforced neighborhood Covenants, Conditions and Restrictions can provide an effective means of code enforcement while maintaining quality of life standards. The researcher has selected a study area in San Jose, California. The study area is known as Almaden, which is one of fifteen planning areas within San Jose. The San Jose Planning Department has divided San Jose into fifteen planning areas to provide more manageable units with localized geographic identity. Almaden is one of these units, located in the southern portion of San Jose, surrounded by Cambrian-Pioneer, Edenvale, Coyote and Calero as indicated in Map l-I, San Jose Planning Areas.

The study area was selected for several reasons. First, the researcher has over twenty years experience residing in the study area. Secondly, the majority of housing stock and the neighborhood was developed between 1950 and 1980. Lastly, the study area selected has a homeowner association with CC&Rs.

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