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Park Impact and Parkland Dedication Ordinance
Park Impact and Parkland Dedication Ordinances
In 1988, the City Council adopted
Municipal Code Chapter 19.38, the Parkland Dedication Ordinance (PDO)
to help meet the demand for neighborhood and community parks generated by new residential development. In 1992, the City Council adopted
Municipal Code Chapter 14.25, the Park Impact Ordinance (PIO)
which applied parkland dedication requirements to new units in non-subdivided residential projects.
Pursuant to these ordinances a residential project’s parkland obligation under the PDO and PIO is equivalent in value or property to providing three acres of parkland for every 1,000 new residents added by the housing development. Residential projects can comply with this obligation by dedicating land for public parks, paying an in-lieu fee, constructing new park facilities, providing improvements to existing recreational 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 in-lieu fees is required prior to the issuance of a Building Permit. Applicants are encouraged to meet with PRNS Planning staff at their earliest convenience to develop a program to complete the Parkland Agreement.
The City's inventory of parks, recreation, and neighborhood services is summarized on
PRNS' Fast Facts document
Parks and Community Facilities Development Capital Improvement Program Status Report
The Parks and Community Facilities Development (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. Primary funding sources include the Construction and Conveyance Tax Fund, Park Trust Fund, miscellaneous grants and the 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
the 20-year strategic that guides the expansion of park and recreation opportunities to align with the adopted Envision San Jose 2040 General Plan and other relevant policy documents.
Annual Capital Improvement and Bond Projects Report
Provides additional information on the Park Trust Fund revenues and the California Mitigation Fee Act for the Park Impact Fees.
2015 - 2016 Adopted [Citywide] Capital Budget & 2016 - 2020 Capital Improvement Program
Information Required by the Mitigation Fee Act:
2015-2016 Mitigation Fee Act Report
PRNS 2016 Annual Report
Park Impact In-Lieu Fees effective December 1, 2016
Any projects that: (1) have not fully paid parkland fees before December 1, 2016; or (2) have not entered into a fully executed parkland or turnkey parkland agreement before December 1, 2016, are subject to the Schedule of Parkland Fees set forth in Attachment B of
which was adopted by the City Council September 20, 2016.
Private Recreation Credits
Projects 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 building amenities within the project. Credit is given based on the of the whole project (not individual development phases), the actual square footage of the amenities, and compliance with the eligibility requirements, as outlined in City Council
and #77538 and the current adopted fees.
Required common open space areas, landscape corridors, emergency vehicle access easements, walkways, unsuitable topography areas, riparian corridors, and environmental mitigation areas stormwater low impact development areas, are not eligible for credit towards the PIO/PDO fees per City Council Resolution No. 73587 (Section 3.C). .
Fees for Low Income Units and Secondary "Granny" Units
The park impact fees charged for qualifying low income units and secondary ["granny"] units is set at 50% of the applicable parkland fees per SJMC Chapters 14.25 and 19.38) and pursuant to Resolution No. 75540 (adopted by Council on August 24, 2010) and Resolution 74314 (adopted by Council April 8, 2008).
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 located in the
Reduced Parkland Impact Fees
Resolution No. 78079
allows qualifying downtown high rise projects to pay 50% of the applicable parkland fees due for a multi-family residential project that has five or more units located within Multiple Listing District (MLS) Zone #9 if the following criteria are met:
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
Projects that qualify for this program do not qualify for Private Recreation improvement 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 into or satisfied prior to the effective date of the adopted resolution for the program.
Resolution No. 78039 (adopted 12/13/2016) amends Section 2 of Exhibit B of Resolution No. 73587 (as amended) pursuant to Chapters 14.25 and 19.38 of the San Jose Municipal Code.
Resolution No. 78039
amended and replace Resolution No. 78039 on 2/7/17 [adopted].
Reduced Building and Structure Construction Taxes
Ordinance No. 29847 allows qualifying downtown high rise projects to suspend 50% of the Building and Structure Construction Tax (SJMC 4.46) when a building permit is issued between February 10, 2017 through July 31, 2018 provided the project meets the criteria listed in Ordinance No. 29847 (passed for publication 12/13.16, adopted 1/10/2017, effective 2/10/17 amending Chapter 4.46.036 of Chapter 4.46 of Title 4 of the San Jose Municipal Code).
Contact Rebekah Ross by phone at (408) 535-3804 or
if you would like additional information about the PIO and PDO ordinances and associated Resolutions and/or to schedule a meeting to start the Parkland Agreement process.
200 E. Santa Clara St.
San José, CA 95113
408 535-3500 Main
408 294-9337 TTY
The City of San José
is committed to open and honest government and strives to consistently meet the community’s expectations by providing excellent service, in a positive and timely manner, and in the full view of the public.
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