San Jose Municipal Code Part 4 Credit Requirements

Footnotes:

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

A. No credit shall be given for private recreation improvements in the subdivision except as provided in this section.

B. A common interest development, as defined in Section 1351 of the California Business and Professions Code, as amended, shall be eligible for a partial credit against the requirements of this chapter.

C. Credit will be given only when the subdivider has agreed to construct the eligible improvements and has entered into a parkland agreement which requires construction of the improvements within a specified time period.

D. 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 50 percent of the requirement imposed under this chapter.

E. Private recreation improvements shall be owned by:

1. An incorporated nonprofit homeowners association composed of all property owners in the subdivision and any of the subdivisions annexed into the association, and which is an organization, operated under recorded land agreements through which each lot owner in the subdivision is automatically a member, and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities; or

2. In the case of apartments, the owner(s) of the parcel(s).

F. Use of the private recreation improvements shall be restricted for recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which expressly cannot be defeated or eliminated without the consent of the city.

(Ord. 27949.)

A. The subdivider may enter into a parkland agreement which obligates the subdivider to make public park and recreation improvements to property dedicated by the subdivider to the city or to existing park facilities or recreational facilities in exchange for credit towards subdivider's dedication requirements. Credit will 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 subdivider 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 dedicated 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 dedication for park facilities purposes as specified in Section 19.38.305; 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 city's attorney, which allows use of the property for public park and recreational purposes; and

4. The public agency property is no more than 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 subdivider to the city for public park and recreational purposes which also serves as a storm water detention facility for the subdivider'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 subdivider'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 subdivider demonstrates to the satisfaction of the director that the stormwater detention facility will be available for public park and recreational purposes for at least 300 calendar days per year.

3. The subdivider 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 subdivider 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 subdivider 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 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 subdivider has entered into an agreement with the city in which the subdivider 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 subdivider 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 subdivider dedicates the real property to the city in accordance with the procedures specified in Section 19.38.330; 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 24 feet wide; and

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

(Ord. 27949.)

The subdivider 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 subdivider's obligation under this chapter will be deemed satisfied.

(Ord. 27949.)