San Jose Municipal Code Part 4 Credit Requirements

Footnotes:

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

A. Where private open space or recreation improvements, or both, are provided in a proposed residential project including, but not limited to, an apartment complex, a partial credit shall be given against the requirement of this chapter as provided in this section.

B. The amount of the credit and the improvements eligible for credit shall be determined pursuant to the schedule of fees and credits. The total credit shall not exceed fifty (50) percent of the requirement imposed under this chapter.

C. Credit will be given only when the applicant has entered into an agreement with the city in which the applicant has agreed to construct the eligible private recreation improvements within a specified time period.

D. No credits will be granted for improvements other than those specified in the schedule of fees and credits.

E. Private recreation improvements shall be owned by the owner(s) of the parcel(s) on which they have been constructed.

(Ord. 27949.)

A. The applicant may enter into a parkland agreement, prior to issuance of the applicant's building permit(s), which obligates the applicant to make public park and recreation improvements to property dedicated by the applicant to the city or to either existing park facilities or recreational facilities in exchange for credit towards the applicant's obligations under this chapter. Credit may be granted up to the actual cost of the improvements in accordance with this section.

B. In order for park facilities improvements and recreational facilities improvements to be eligible for credit, the director must find that the improvements are consistent with the city's construction standards, policies and practices and that it is in the best interest of the city to accept the improvements.

(Ord. 27949.)

A. Real property dedicated by the applicant for a new public school will be eligible for credit equal to its square footage if the following requirements are met:

1. The real property dedicated to the school district would be available and open to the general public for recreational use during non-school hours; and

2. The real property is improved with public park improvements in accordance with city's standards; and

3. The school district grants an easement to the city in a form acceptable to the city attorney which restricts the improved school property for public park and recreational purposes.

B. Credit for public agency property will be eligible for credit equal to its square footage if the following requirements are met:

1. The public agency property is not available for public park or recreational purposes and meets the requirements for land dedication for park facilities purposes as specified in Section 14.25.320; and

2. The public agency property is improved with public park improvements in accordance with city's standards; and

3. The public agency grants an easement to city in a form, acceptable to the city attorney, which allows use of the property for public park and recreational purposes; and

4. The public agency property is no more than fifty (50) percent of an improved park site dedicated to the city pursuant to this chapter.

(Ord. 27949.)

A. Real property that is dedicated by the applicant to the city for public park and recreational purposes which also serves as a storm water detention facility for the applicant's residential project will be eligible for credit against the requirements of this chapter as provided in this section.

B. Credit may be granted if the storm water detention facility meets the following criteria:

1. The stormwater detention facility meets applicable city requirements for management of peak stormwater runoff flow, volume and duration, and/or reduction of stormwater pollutant loading from applicant's residential project.

2. The stormwater detention facility is a minimum of eight thousand (8,000) square feet of uninterrupted flat contiguous turf having a grade suitable for active recreational purposes, excluding the area for vegetated swales, infiltration basins, or the intake area around the drain inlet of the stormwater detention facility, and the applicant demonstrates to the satisfaction of the director that the stormwater detention facility will be available for public park and recreational purposes for at least three hundred (300) calendar days per year.

3. The applicant has provided the city with the management and maintenance requirements for the stormwater detention facility demonstrating to the satisfaction of the director and the director of public works that the stormwater detention facility can be operated and maintained to manage peak stormwater runoff flow, volume and duration, and/or reduce stormwater pollutant loading during the full range of storm events for which it was designed.

4. The applicant has demonstrated to the satisfaction of the director and the director of public works that the stormwater detention facility can be maintained:

a. In accordance with applicable maintenance standards for stormwater detention facilities and city park maintenance standards; and

b. To conform to all applicable laws and regulations relating to stormwater detention facilities.

5. The applicant must also demonstrate to the satisfaction of the director that there is a funding mechanism in place that will provide for the ongoing maintenance needs of the stormwater detention facility as a stormwater detention facility and as a park facility.

C. The total amount of credit for the dedication of a stormwater detention facility to the city shall be fifty (50) percent of the actual square footage of the stormwater detention facility that is used for eligible park and recreational purposes.

D. Credit will be given only when the applicant has entered into an agreement with the city in which the applicant has agreed to construct the stormwater detention facility and eligible park and recreational improvements within a specified time period or phase of the project.

E. Credit for stormwater detention facilities under this section is a pilot program and shall expire and be of no further force and effect as of February 10, 2008 unless council by further action amends or extends the pilot program.

(Ord. 27949.)

A. Real property dedicated by the applicant to city for a trail will be eligible for credit equal to the square footage of land to be dedicated if the following requirements are met:

1. The real property to be dedicated meets the city's trail requirements; and

2. The applicant dedicates the real property to city in accordance with the procedures specified in Section 14.25.330; and

3. The real property to be dedicated shall be used for a trail that is identified in the city's general plan or in the city's master plan for parks and recreational facilities; and

4. The real property to be dedicated is not less than twenty-four (24) feet wide; and

5. The real property to be dedicated is not already dedicated for public park or recreational purposes.

(Ord. 27949.)

The applicant may propose that a community facilities district or special assessment district be formed, pursuant to the provisions of this Code or applicable state law, in order to fund the construction or acquisition of park facilities and/or recreational facilities that will meet or exceed the requirements of this chapter. If the city agrees, and such a district is formed to fund the construction or acquisition of park facilities and/or recreational facilities that will meet or exceed the requirements of this chapter, the applicant's obligation under this chapter will be deemed satisfied.

(Ord. 27949.)