Chapter 19.38

19.38.075 Recreational facilities.

19.38.080 Regional park.

19.38.085 Residential care facility for the elderly.

19.38.090 Schedule of fees and credits.

19.38.095 Stormwater detention facility.

19.38.100 Subdivider.

19.38.105 Tentative map.

PARKLAND DEDICATION

19.38.110 Trail.

Parts:

• 1 Definitions

• 2 Purpose

• 3 Requirements

• 4 Credit Requirements

• 5 Exemptions

• 6 Residential Care Facilities for the Elderly

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 27949.)

*Editor’s note— Ord. 27949, § 2, adopted January 9, 2007, amended Parts 1, 2, 3, 4, and 5 in their entirety, to read as herein set out.

T19:53

SAN JOSÉ CODE

§ 19.38.010

"Affordability Restrictions" shall mean covenants, conditions and restrictions running with the land and recorded in the Office of the Santa Clara County Recorder in connection with a residential unit to be utilized by Lower or Moderate Income Households within the City. The Affordability Restrictions shall require that the residential unit be utilized by Low or Moderate Income Households for a minimum period as may be required by local, state or federal law.

(Ords. 27949, 30541.)

"Affordable Housing Unit" is defined as residential units that have an Affordability Restriction. (Ord. 30541.)

"Community park" shall mean a city park serving the community that may include more specialized or unique facilities that are not typically provided in a neighborhood park to serve the diverse needs of the community such as: lighted sports fields, community gardens, swimming pools, dog parks, skate parks and community centers. (Ord. 27949.)

"Director" shall mean the director of planning, building and code enforcement or such other director as designated by the city manager. (Ord. 27949.)

"Gross Household Income" means the sum of income available to a family at the time of application. Gross Family Income shall be based on all income or compensation earned or received in the last four (4) consecutive weeks. Gross Household Income shall not include: Supplemental Security Income (SSI), income from trusts fully funded by SSI payments, Temporary Assistance to Needy Families (TANF), or any other governmental assistance. Generally, Gross Family Income shall in-

clude, but not be limited to, the following: (a) Wages and salary; (b) Child support; (c) Alimony; (d) Unemployment compensation; (e) Worker's compensation; (f) Retirement Income; (g) Veteran's pension; (h) Social Security; (i) Pensions and annuities; (j) Dividends and interest on savings, stocks, and bonds; (k) Income from estates and trusts; (l) Net rental income or royalties; (m) Net income from self employment; and (n) Other forms of compensation or financial contributions.

(Ord. 30541.)

"Joint use agreement" shall mean a written agreement between the city and a public agency that provides for the development or renovation of park facilities and/or recreational facilities on the public agency property and that shall at a minimum include:

• A. The specific times, days, hours, responsibilities and types of use of the public agency property by the city and the public agency; and

• B. A provision ensuring that the dollar amount invested by the city will be commensurate with the hours of city use; and

• C. A provision that the term of the joint use agreement shall be commensurate with the useful life of the proposed park facilities and/or recreational facilities.

(Ord. 27949.)

"Low Income Unit" shall mean a residential unit subject to an Affordability Restriction that limits occupancy to households that earn between 0% - 80% of the Area Median Income or as established and amended from time to time pursuant to Health and Safety Code Section 50079.5 as amended. In the event such standards are discontinued, the Council shall, by resolution, establish eligibility standards for Lower Income Households. (Ords. 27949, 30541.)

T19:54

SUBDIVISIONS

§ 19.38.085

"Lower income households" shall mean persons and families whose incomes do not exceed the qualifying limits for lower income households as established and amended from time to time pursuant to Health and Safety Code Section 50079.5 as amended. In the event such standards are discontinued, the council shall, by resolution, establish eligibility standards for lower income households. (Ord. 27949.)

"Parkland fee" shall mean the fee established by the city council pursuant to this chapter. (Ord. 27949.)

"Public agency" shall mean a public utility or any government agency.

(Ord. 27949.)

"Moderate Income Unit" shall mean a residential unit subject to an Affordability Restriction in compliance with and pursuant to a recorded Affordable Housing Agreement required by Chapter 5.08 of San José Municipal Code that limits occupancy to households that earn between 80% - 120% of the Area Median Income or as established and amended from time to time pursuant to Health and Safety Code Section 50079.5 as amended. In the event such standards are discontinued, the Council shall, by resolution, establish eligibility standards for Lower Income Households. (Ord. 30541.)

"Neighborhood park" shall mean a city park that serves a neighborhood and includes amenities such as play fields, hard courts, tot lots, picnic areas and open turf or natural areas. (Ord. 27949.)

"Park facilities" shall mean community parks, neighborhood parks, and the neighborhood and community-serving elements of regional parks. (Ord. 27949.)

"Parkland agreement" shall mean a written agreement between the city and the subdivider to satisfy the subdivider's obligations under this chapter. (Ord. 27949.)

"Public agency property" shall mean real property which the public agency owns in fee simple or the public agency owns an easement over the real property.

(Ord. 27949.)

"Recreational facilities" shall mean recreational improvements that are not typically provided in either a neighborhood park or a community park such as trails or community gardens. Recreational facilities shall also mean recreational improvements, such as community centers or sports fields, that are not located in either a neighborhood park or a community park. (Ord. 27949.)

"Regional park" shall mean a city park that has unique features that attracts visitors from throughout the city, that protects and interprets the city's natural and cultural resources or that provides specialized outdoor recreational facilities, such as festival sites, that are not typically duplicated in other parks in the city. (Ord. 27949.)

"Residential care facility for the elderly" shall mean a residential development licensed to provide care to the elderly pursuant to California Health and Safety Code Section 1569.10 and Chapter 8 of Division 6 of Title 22 of California Code of Regulations, as may be amended from time to time. (Ord. 27949.)

T19:55

SAN JOSÉ CODE

§ 19.38.090

"Schedule of fees and credits" shall mean the resolution of the city council setting forth the schedule of parkland fees and credits applicable to residential units subject to this chapter. (Ord. 27949.)

"Stormwater detention facility" shall mean a facility designed to manage peak stormwater runoff flow, volume and duration, and/or a treatment control device designed to reduce stormwater pollutant loading from a developed site or a portion of a developed site. (Ord. 27949.)

"Subdivider" shall mean a person who submits a tentative map for city's approval that is subject to the provisions of this chapter. (Ord. 27949.)

"Tentative map" shall mean both a tentative map and a tentative parcel map. (Ord. 27949.)

"Trail" shall mean a linear corridor which provides a completely separated right-of-way with crossflows by motorists minimized and which is designated for recreational purposes such as walking, running, horseback riding, bicycling, or in line skating.

(Ord. 27949.)

Part 2

PURPOSE*

chapter are in accordance with the parks and recreation goals and policies of the General Plan of the City of San José and advance the parks and recreation goals and policies of the general plan.

• B. This chapter is enacted consistent with Section 66477 of the Government Code of California and pursuant to the Charter of the City of San José.

• C. This chapter shall only apply in the event of the subdivision of land.

• D. Nothing in this chapter restricts the ability of the director to require dedication of land, payment of fees or construction of improvements for needs other than or in addition to park facilities and recreational facilities.

• (Ord. 27949.)