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Park Impact and Parkland Dedication Ordinances
Overview

The Park Impact Ordinance (SJMC 14.25 PIO) and the Parkland Dedication Ordinance (SJMC 19.38 - PDO) help meet the need for providing or improving recreational facilities (i.e. parks, trails, community centers) by requiring new residential projects to:

• Provide at least three acres of parkland for each 1,000 new residents added by the housing development
• Make a payment of a park impact in-lieu fee equal to the value of the required land dedication
• Complete improvements to existing recreational facilities or construct new facilities
• Or, by providing a negotiated agreement for a combination of these options.

An executed Parkland Agreement that outlines how a project will comply with the PIO/PDO is required prior to the issuance of a Parcel Map or a Final Subdivision Map. Payment of park impact fees is required prior to the issuance of a new construction Building Permit.

Applicants are encouraged to meet with PRNS Planning staff as soon as possible to develop a program to complete the
Parkland Agreement.

Contact: Ruchtia Acharya Phone: (408) 793-41778 or Email: ruchita.acharya@sanjoseca.gov for any assistance.
PIO/PDO Fees and Credits


Park Impact In-Lieu fees effective March 1, 2018
Any projects that: (1) have not fully paid parkland fees before March 1, 2018; or (2) have not entered a fully executed parkland or turnkey parkland agreement before March 1, 2018, are subject to the current Schedule of Parkland Fees set forth in Exhibit A of Resolution #78474 (adopted 12/15/2017). 

NEW! Downtown Core High-Rise Fee Category
On December 19, 2017, the City Council adopted a new permanent Downtown Core High-Rise Fee Category (Resolution no. 78474) for projects that are 12-stories (or more) located in the Downtown Core. 

Projects that are participating in the current Downtown High Rise Incentive Program, or that may opt out of the program, do not qualify for this fee rate.  Projects that qualify for this high-rise fee rate can apply for private recreation and affordable housing credits.

Private Recreation Credits
Projects subject to the PIO/PDO can apply for Private Recreation Credits to receive up to 50% credit towards the required parkland obligation by providing a variety of public and private residential on-site amenities as part of the project. This includes children play lots, picnic areas, hard game courts, turf playing fields, publicly accessible plazas and gardens, pet yards, swimming pools, community and recreational rooms.

Affordable Housing Credit
Deed restricted residential units that meet the City’s affordable housing criteria qualify for a 50% credit towards park impact fees.

Downtown High-Rise Incentive Program
The City Council voted to approve a Downtown High-Rise Incentive Program on December 13, 2016 to encourage additional residential development in the downtown area. The program includes reduced parkland impact fees and some suspended building and structure construction taxes for qualifying residential projects. A project must be at least twelve stories tall and be in the Downtown Core to qualify and if:

• The first Building Permit is secured prior to July 1, 2018
• The Certificate of Occupancy is issued by December 31, 2020
• The developer of the project retains contractors licensed by the State of California
• The developer of the project employs only construction workers who possess necessary licenses and certifications required by the State of California

The parkland fees are due and payable to the City prior to scheduling the first residential occupancy inspection for 80% of the residential units.

Projects that qualify for this program do not qualify for Private Recreation or Affordable Housing credits. The program automatically expires on December 31, 2020. This program is not applicable towards and does not retroactively apply to any parkland agreements or parkland obligations that were entered or satisfied prior to the effective date of the adopted resolution for the program.

Parks and Community Facilities
Development Capital Improvement Program Status Report

The Parks and Community Facilities Development Capital Improvement Program (abbreviated P&CFD CIP) is a five-year program that supports planning, rehabilitation, and construction of new parks, trails, community centers, and a wide range of recreational facilities.

Funding sources include the Construction and Conveyance Tax Fund, Park Trust Fund, miscellaneous grants and the year 2000 Measure P Bond. This annual report reviews the P&CFD CIP, including various funding sources dedicated to parks purposes, significant projects and strategic planning efforts.

The key themes that are anticipated to influence the P&CFD CIP moving forward are currently being evaluated as the City updates the 
Greenprint study, the 20-year strategic plan that guides the expansion of park and recreation opportunities to fit with the adopted Envision San Jose 2040 General Plan and other relevant policy documents.

The following information has more details: