19.38.305 - Determination of land dedication and/or payment of parkland fees.
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.)
