20.100.960

The director shall not issue a planned development permit providing for public open space, and no planned development permit issued by the director which provides for public open space shall be valid, unless before the issuance of such permit, the city council shall have approved the provisions of such public open space and the size, shape, location, and dimensions thereof. As used in this part, "public open space" means public park or playground land which shall be owned in fee by the City of San José. The city's title to and ownership of public open space shall be vested and complete as soon as such public open space shall have been conveyed to the city pursuant to the provisions of any planned development permit, and immediately upon such conveyance the city shall have exclusive right to the possession and use of such public open space for public park or playground purposes, including, without limiting the generality of the foregoing, the right to construct buildings or structures thereon for such purposes; and nothing contained in this part or in any other section of this title, shall be construed to defeat the title or ownership of city to any public open space which shall have been conveyed to the city, nor to deny the city such right of possession and use. (Ord. 26248.)