September 24, 2006

Citizens for a Livable San Jose (CalSJ) respectfully submit the following recommendations regarding the PDO/PIO in-lieu fee alternatives and base changes proposed by Staff as of 8/31/06:

CalSJ Supports:

• Adjustment of fees to 100% of 2005 land values. Using the 2000 Federal census data as required by the Quimby Act and bringing adjustment into the fees and charges process.
• Timing of changes proposed to be 30 days following the 2^nd reading of the ordinance.
• Enhancement and clarification regarding dedicated parkland: “…at least 1 acre in size…”
• Treating high-rise development in a manner similar to other projects without payment delays, except as noted below.
• San Jose Downtown Association’s recommendation to discount the first 2500 high-rise units in the downtown core (including current pipeline units) with no private recreation credits under specific conditions. If the proposal is deemed legally viable, payment may be deferred on half of a project’s units until Certificate of Occupancy (COO) is awarded. Payment must be at least 50% of land value at time of COO, not less than 50% of 2005 land value, and 100% of current land value must be in place throughout the city.
• Continued inclusion of SRO units as housing type for purpose of calculating PDO/PIO.
• Continued exemption from PDO/PIO fees of Low and Very Low Income units with a minimum 30-year restriction on them. We would also support a fee discount on for-sale moderate-income units in 100% affordable developments only, if deemed legally viable.
• Proposed additions to amenities listed for private recreation credits (garden & pet areas...)
• Inclusion of “...or recreational facilities…” to reflect language of the state Quimby Act and allow more flexibility of fund usage (trails, community gardens…).
• Enhanced wording regarding joint use agreements, and careful application of such agreements to ensure financial justification and minimum levels of public access.

CalSJ Recommends:

• Limiting private recreation credits and credits for encumbered property on dual use sites to 25% (not 50%). This is a new policy that is experimental and needs monitoring.
• Actively pursuing internal and external funding sources (e.g. HUD grants) and funding a staff position, if needed. This will ensure all citizens of San Jose, regardless of economic status, have equal access to recreational facilities. This will also compensate for the loss of previous RDA funding through the voucher program, which has sunsetted.

CalSJ Does Not Support:

• Two-year extension for pipeline projects to obtain building permits or final maps in order to be subject to the fee in place at the time the permit or map was approved by the city.

Respectfully,

Kerri Hamilton, Chair

download Word document for printing

return to CalSJ homepage

LLA 10/9/06