Many questions were raised concerning this plan including how would projects including could the developer's pedestrian improvements be made in the county pockets. At this time it appears that these improvements will not be allowed in the county pockets. The BCA has questioned this policy since the funds for the projects are from private developers and are still reaching the same goal whether constructed on city or county land. We are awaiting a response from the San Jose Department of Transportation.
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Below are the answers to community’s questions asked at the Midtown South Community Improvement Zone meeting of July 27, 2006:
1. What systems are in place to ensure that the value of the improvements established by engineers is what the developer will spend in constructing the improvements? In other words, if the City determines that there are X dollars worth of improvements to be installed, and the developer installs those improvements for half the cost, does the community lose the money that was not spent? Also, is there some kind of bonding mechanism to ensure that the developer actually installs the improvements?
The estimates will be determined as part of the public improvement plans. Once those estimates are established the developer will be required to construct those improvements. There will be no follow up review to determine if the improvements were more expensive or less expensive. The improvement will be bonded as part of all other public infrastructure through a contract with the City.
2. What is the process for determining the improvements to be installed? Does the city have final say to skip to a lower priority if, for example, a developer is charged with installing a certain value amount of improvements that will not fully cover the improvement that the community wants, even if the community wants that improvement installed as much as possible (for example, widened sidewalks for a certain distance until the money runs out, even though the pedestrian corridor would not be improved for the remainder of the distance until another project comes along)?
There will be a public process as part of each project, however the City, working with the neighborhoods and developer, will make the final determination based on needs and constraints. Construction of partial improvements will need to be reviewed on a case by case basis to determine feasibility.
3. What are the restrictions on pooling of money for improvements (must each project install its own improvements, or can certain projects on-file within one year, or two years, or three years, etc., of each other, be required to pool their money to install improvements)? If projects pool their money, who keeps the money pooled? Are improvements bonded to ensure completion of installation?
The intent is for the developer to build as part of their project and not to pool funds; however, if two projects are occurring simultaneously they could work together to deliver a larger improvement.
4. Do County pockets qualify get improvements installed therein?
Not currently, but as part of the annexation process it could be considered in the future.
5. Will The Alameda (a state route) also get improvements installed therein?
Any improvements that have already been approved by the State but not yet funded could be considered.
6. What projects fall under the program? Starting when (projects that are already on file for development permits, but not yet approved; applications for GP Amendments, or rezoning, or PD permits; or on file for building permits, etc?)
New projects that are required to complete a Transportation Impact Analysis (TIA) and have not received environmental clearance will follow the Transportation Policy.
7. What systems are in place to ensure quality control and/or maintenance of the improvements? Are improvements bonded for quality control and/or maintenance for the first X number of years?
Improvements will be built per city Standards and have the same process as all other public infrastructure