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Park Impact and Parkland Dedication Ordinances
Background

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 the 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.
    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 Resolution 77926 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 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 Resolutions #73587 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).


    Information Required by the Mitigation Fee Act

  • 2015-2016 Mitigation Fee Act Report

Contact Us

Contact Rebekah Ross by phone at (408) 535-3804 or via email at  if you would like additional information about the PIO and PDO ordinances and associated Resolutions or to schedule a meeting to start the Parkland Agreement process.