San Jose Municipal Code Part 3 Requirements

Footnotes:

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Editor's note— See the editor's note at Part 1.

A. Every residential subdivider shall dedicate land, pay a parkland fee in lieu of dedication, or both, for park or recreational purposes in conformity with the conditions, provisions, standards and formulas contained in this chapter. Alternatively, a subdivider may satisfy the requirements of this chapter by entering into a parkland agreement for the construction of park facilities, recreational facilities or both pursuant to Section 19.38.410.

B. Every tentative map and parcel map (if a tentative map was not required by the city engineer) for a residential project shall contain a condition requiring compliance with this chapter.

C. Except where the condition required by Subsection B. above is fully satisfied by dedication of land, such condition may be deemed satisfied where prior to approval of the parcel map or final map the subdivider has paid the parkland fees due in full or, in the alternative, has entered into a binding parkland agreement with the city. Such agreement shall provide for the payment of fees and/or the construction of improvements. A parkland agreement for the construction of improvements may require the subdivider to pay fees to the city which are incidental to the construction of the improvements.

D. Failure to pay the parkland fees within the time specified in Section 19.38.335 or to construct improvements within the time set forth in the parkland agreement shall result in the imposition of additional charges as set forth in the schedule of fees and credits as well as loss of any credits previously granted pursuant to this chapter.

(Ord. 27949.)

A. The director shall indicate on the tentative map whether the city will accept land dedication or require payment of a fee in lieu thereof, or a combination of both. The director's determination shall be based upon, but not limited to, consideration of the following:

1. The General Plan of the City of San José;

2. The city's policies for the development of park facilities and recreational facilities;

3. The topography, geology, access, and location of land in the subdivision that is suitable for the development or renovation of park facilities or recreational facilities;

4. The size and shape of the subdivision and land available for dedication;

5. The location of existing or proposed park sites and trails.

B. The director shall consult with the director of public works and the director of planning, building and code enforcement in making the determination whether to require the dedication of land.

C. Land to be dedicated shall not be of such size, shape or location as to make the development of the subdivision unfeasible, and shall permit the balance of the subdivision to be developed in an orderly and efficient manner. The director shall determine the feasibility of all dedications pursuant to this section. Additionally, land to be dedicated must meet the following criteria:

1. Be at least ½ acre in size, excluding hillsides over a ten percent grade, riparian set back areas and environmental mitigation areas. The director may accept dedications of land less than ½ acre if the land to be dedicated is located adjacent to an existing or planned park facility or recreational facility; and

2. Can be graded to create a sufficiently flat area of less than three percent grade in any direction; and

3. Be located adjacent to a public street in order to promote public safety and facilitate policing.

D. The subdivider, as required by the city, in addition to the land dedicated pursuant to Subsection A., shall:

1. Provide reasonable improvements and access to the land dedicated including, but not limited to, full street improvements and utility connections, such as curbs, gutters, street paving, traffic control devices, street trees, and sidewalks, to land which is dedicated pursuant to this chapter;

2. Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; and

3. Provide improved drainage through the site.

E. Prior to making a determination to require land dedication pursuant to Subsection A. above, the director may consult with the subdivider as to the desirability of requiring dedication rather than fees, as well as to the nature of any such dedication.

F. Notwithstanding Subsection A. above, if the proposed subdivision contains 50 or fewer parcels and is not a condominium project, stock cooperative or community apartment project as such terms are defined in California Civil Code Section 1351, as amended, the subdivider shall be allowed to pay parkland fees, as determined in accordance with Section 19.38.325.

G. If a phased project results in a total subdivision project of more than 50 parcels, the total project will be treated as one subdivision for purposes of this chapter and the director may require land dedication which could not have been otherwise required pursuant to Subsection F. of this section.

(Ord. 27949.)

A. The amount of land to be dedicated shall be determined pursuant to the following formula:

Minimum acreage dedication = .003 acres × Number of dwelling units × Average number of persons per dwelling unit.

B. For purposes of this section, the estimated residential population of the subdivision shall be determined on the basis of the type of dwelling unit allowed and the average household size for the dwelling unit as indicated in the most recent available federal census data.

C. If the most recent federal census does not include information about the average household size for a particular type of dwelling unit, the city council may adopt a resolution specifying an average household size for that type of dwelling unit.

(Ord. 27949.)

A. The subdivider shall designate on the tentative map the maximum number of dwelling units for the subdivision. Subdividers of condominiums, community apartment projects or stock cooperative projects shall designate the maximum number of dwelling units for the purposes of this chapter only, and such designation shall not, in accordance with Government Code Section 66427, constitute an approval of the design or location of the units. If the number is not designated, the total number of dwelling units shall be the maximum number of such units permitted by the city's general plan, or existing zoning, whichever is greater, on the land included within the proposed subdivision at the time the city approves the tentative map.

B. The subdivider shall designate on the tentative map the dwelling unit type of each dwelling. If the dwelling unit type is not designated by the subdivider, the dwelling unit type which yields the highest subdivision population shall be used to determine the subdivision population.

(Ord. 27949.)

The subdivider shall be required to dedicate additional land and/or pay additional fees, pursuant to the provisions of this chapter, if at any time after the recordation of the final map there is an increase in the number of units to be built or a change in the dwelling unit type designated pursuant to Section 19.38.315 which results in an increase in density. The additional fees, shall be the fees in effect at the time of payment.

(Ord. 27949.)

When a parkland fee is to be paid in lieu of land dedication, the subdivider shall pay the parkland fees as set forth in the schedule of fees and credits. The parkland fees imposed pursuant to this chapter shall be based on the value of land in the City of San José as set forth in the schedule of fees and credits.

(Ord. 27949.)

A. Where a dedication of land is required, it shall be accomplished in accordance with the provisions of the California Subdivision Map Act and this Title.

B. Real property dedicated to the city shall be conveyed by grant deed, free and clear of encumbrances. Deeds, in a form acceptable to the director of public works, shall be given to the director at the time the final subdivision map or final parcel map, for which the deeds are given, is submitted for approval, unless the parkland agreement specifies a different procedure for transmittal of the grant deed.

C. If a subdivision map or a final parcel map is rejected by the city or withdrawn by a subdivider prior to the city's approval, the deeds shall be returned to the subdivider. If the map is approved, the deeds received will be recorded by the director.

D. The subdivider shall provide all instruments required to convey the land and shall also provide a preliminary title report and title insurance in favor of the city in an amount equal to the value of the property being conveyed as estimated by the city.

(Ord. 27949.)

A. When payment of the parkland fee in lieu of dedication of land is required by this chapter, the subdivider may pay the parkland fees due on the subdivider's project in full prior to city's approval of the parcel map or final map. Alternatively, as a condition of city's approval of the subdivider's final map or parcel map, the subdivider shall enter into a parkland agreement with the city which provides for payment of the parkland fees in full, concurrent with the issuance of the first building permit for the subdivider's project, but no later than one year after city's approval of the subdivider's final or parcel map unless the schedule of fees and credits provides for delayed payment of the parkland fees. No building permit shall be issued for property for which payment of parkland fees is a prerequisite unless and until such parkland fees have been paid in full.

B. Subdivisions for which parkland fees required under this chapter have been paid in full shall not be required to pay additional fees under this chapter except to the extent required for any additional or changed residential units pursuant to Section 19.38.320.

C. Unless otherwise specified in the schedule of fees and credits, the parkland fee to be paid shall be the fee set forth in the schedule of fees and credits in effect:

1. At the time of payment in the event the subdivider pays the parkland fee prior to city's approval of the final map or parcel map; or

2. On the date city executes the parkland agreement with the subdivider for the payment of the parkland fee as provided in Subsection A., above.

(Ord. 27949.)

The subdivider may appeal any condition imposed pursuant to this chapter. The appeal procedure shall be as set forth in this title.

(Ord. 27949.)

A. Subject to the requirements of Subsection B., below, the parkland fees collected pursuant to this chapter shall be used for the development, including acquisition of, or renovation of:

1. Park facilities, or

2. Recreational facilities; or

3. Park facilities or recreational facilities on public agency property pursuant to a joint use agreement.

B. The facilities developed or renovated with parkland fees must serve or benefit the residential project that paid such parkland fees.

(Ord. 27949.)

A. Parkland fees shall be deposited into the park trust fund. Money in the park trust fund, including accrued interest, shall be expended solely for the uses specified in Sections 14.25.350 and 19.38.345. The director of finance shall report to the city council at least annually on income, expenditures, and status of the park trust fund.

B. Parkland fees collected pursuant to this chapter shall be committed by the city for a specific project to serve residents of the subdivision. Such commitment shall be in a budgetary year within five years of receipt of payment or within five years after the issuance of building permits on one-half ( 1/2) of the lots created by the subdivision, whichever occurs later.

C. If parkland fees are not committed as specified in Subsection B., these fees shall be distributed and paid to the then record owners of the subdivision in the same proportion that the sizes of their lots bear to the total area of all lots in the subdivision.

D. If the administrative costs of refunding uncommitted fees pursuant to Subsection C. exceeds the amount to be refunded, the city council, after a public hearing, may determine that the uncommitted fees shall be allocated for some other purpose for which fees are collected and which serve the project for which the parkland fees was originally charged.

(Ord. 27949.)

If during the time between dedication of land for park purposes and commencement of development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision, the land may be sold upon the approval of the city council with the proceeds being deposited in the park trust fund and used as provided in Section 19.38.345.

(Ord. 27949.)