Requirements.

San José Municipal Code § 19.38.300

in effect

19.38.300 - Requirements. 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.)

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_CH19.38PADE_PT3RE_19.38.300REFetched: 11/1/2026