Chapter 19.28

*State law reference— For statutory provisions on dedications, see Gov. Code § 66475 et seq. and §§ 66439 and 66447.

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SAN JOSÉ CODE

§ 19.28.010

• 19.28.030 Waiver of direct access rights authorized when.

• 19.28.040 Private streets.

• 19.28.050 Street planting strips, parks and open space.

• 19.28.060 Reservation of land for certain public uses.

• 19.28.070 Offers of dedication.

Such easements for public utilities, streets, pedestrian ways, alleys, street lighting, sanitary sewers, drainage, flood-control channels, water systems, public access routes, slope easements, bicycle paths designated for the purpose of accommodating bicycles in the case of subdivisions containing on the final map 200 or more parcels, easements along the banks of public waterways, rivers and streams bordering or lying within a proposed nonindustrial subdivision fronting upon a public waterway, river or stream, shall be dedicated for public use by separate instrument or on the final map, in locations specified by the director, as the director determines are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage and sanitary needs. (Prior code § 9236.)

All parcels of land intended for public use in a subdivision and shown on a final map or parcel map shall be offered for dedication for public use prior to approval of the final map by the city engineer or the city council on appeal or the parcel map by the city engineer. Such dedication may be made on the map or by separate instrument. If dedications required for the filing of a final map or parcel map are made by separate instrument, such dedications shall be recorded prior to the final map or parcel map being filed for record. (Prior code § 9237; Ord. 26386.)

The director may, as a condition precedent to approval of a tentative map, require a waiver of direct access rights to any street or freeway from any property shown on the final map or parcel map as abutting thereon, when the director, in the exercise of reasonable discretion, deems that such waiver is desirable.

(Prior code § 9238.)

Any street which is intended to be kept physically closed to public travel or posted as a private street at all times, may be shown as a private street. In any such case, the final map shall contain a conditional offer of dedication which may be accepted by the city council at such time as the street shall have ceased to remain so physically closed or posted, and shall have been opened to public travel for a period of three months or more. Sufficient data shall be shown on each private street to define its boundaries and also sufficient mathematical data to show clearly the portion of each lot within such street. The design and improvement of any such private street shall be subject to all of the requirements prescribed by this title for public streets. (Prior code § 9239.)

The director shall not approve any tentative map wherein provision is made for a street planting strip on either side of a roadway of any street in excess of eight feet wide unless such wider planting strip is first approved by the city council. Also, the director shall not approve a tentative map providing for, or in expectation of, or conditioned upon the dedication, conveyance or granting to the city of any land within the proposed subdivision for public parks, or for other public open space other than street planting strips, unless the city council has first approved such dedication, conveyance or grant.

(Prior code § 9240.)

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SUBDIVISIONS

§ 19.28.070

The director may require as a condition for approval of a tentative map that area of real property within the proposed subdivision be reserved for parks, recreational facilities, fire stations, libraries or other public uses based upon and conforming to the general plan or specific plan of the city. The reserved area shall be of such size and shape as to permit the balance of the subdivision within which the reservation is located to develop in an orderly and efficient manner. The amount of land reserved shall not be such as to make the development of the remainder of the subdivision unfeasible. The reserved area shall conform to the general plan or specific plan of the city, and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event it is not acquired within two years after the completion and acceptance of all improvements (unless such time is extended by mutual consent), in which event the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices. The city shall, at the time of approval of the first final map or parcel map covering any portion of the reserved area shown on the tentative map, enter into a binding agreement to acquire such reserved area within two years after completion and acceptance of all improvements required by the tentative map, unless such period of time is extended by mutual agreement. The purchase price of such reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. If the city does not enter such a binding agreement, the reservation of such area shall automatically terminate.

(Prior code § 9240.1.)

• A. If at the time the final map is approved, dedications of any streets, paths, alleys, rights-of-

way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements are rejected, subject to Section 771.010 of the Code of Civil Procedure, the offer of dedication shall remain open and the city council may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder.

• B. In the case of any subdivision fronting upon bay shoreline, the offer of dedication of public access route or routes from public highways to land below the ordinary high water mark shall be accepted within three years after the approval of the final map; in the case of any subdivision fronting upon any public waterway, river, or stream, the offer of dedication of public access route or routes from public highways to the bank of the waterway, river, or stream and the public easement along a portion of the bank of the waterway, river, or stream shall be accepted within three years after the approval of the final map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the state, the offer of dedication of public access route or routes from public highways to any water of such lake or reservoir shall be accepted within five years after the approval of the final map; all other offers of dedication may be accepted at any time.

• C. Offers of dedication which are covered by subsection A. may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code.

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SAN JOSÉ CODE

§ 19.28.070

• D. Offers of dedication which are not accepted within the time limits specified in subsection B. shall be deemed abandoned.

• E. Except as provided in Sections 66499.16, 66499.17, and 66499.18, of the Subdivision Map Act, if resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the new map by the city council.

• (Ord. 22126.)