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HomeMy WebLinkAbout2012/01/24 Item 09CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF ~~ CHULAVISTA JANUARY 24, 2012 Item -! ITEM TITLE: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING TITLE 12.24 OF THE MUNICIPAL CODE RELATING TO THE THRESHOLDS FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CITY COUNCIL POLICY 563- 02 FOR ON-SITE IMPROVEMENT ACTIVITY TO TRIGGER INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE CITY ENGINEER TO ENTER INTO DEFERRAL AGREEMENTS WITH QUALIFIED APPLICANTS SUBMITTED BY: DIRECTOR OF DEVELOPMENT SERVICESSISTANT CITY MANAGER REVIEWED BY: CITY MANAGER~~ 4/STHS VOTE: YE5 ~ NO ~X SUMMARY The amendment to City Council Policy 563-02 and the Municipal Code would revise the thresholds for the type and value of private, on-site improvements that may require the installation of public improvements. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the activity consists of the modification to an existing governmental fiscal policy which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the envirorunent. Therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 9-1 Item No. Meeting Date: 1-24-12 Page 2 of 3 RECOMMENDATION That Council adopt the ordinance and resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The Development Services Process Streamlining Steering Committee has determined that better guidance is needed on when public improvements should be required for building permit applications. The existing Ordinance and City Council Policy guides staff to determine when to add the requirement to dedicate right-of-way and/or install or alter adjacent public right of way improvements for ministerial building permit applications. Current policy requires improvements to be installed by single family residential, commercial, industrial and multi- family residential projects when they exceed the threshold dollar value of a building permit as stated in Municipal Code Section 12.24.020. Typically, projects that have triggered the need to install public infrastructure have processed a deferral, as public improvements are best constructed one block at a time. This policy and ordinance, which has not been updated since it was adopted in 1993, is being brought forward for Council consideration of the following changes: Single-Family Residential • Eliminate the use of building valuation as a threshold to determine when single family residential projects must improve the adjacent roadway infrastructure: all additions, remodels, secondary dwellings, detached garages and accessory use structures would not trigger the installation of public improvements unless there was a public safety issue needing to be addressed. Dedications would still be required. • All new buildings (other than the above-listed exemptions), move-on structures, or projects considered a burden to the public's health and safety would be required to install all necessary public infrastructure, up to 25% of the building permit valuation, and dedicate any necessazy right of way. • Certain projects that do trigger the installation of adjacent roadway infrastructure may request a deferral of such obligation. A condition of deferral would be for the applicant to enter into a deferral agreement, which would include a commitment not to protest an assessment district or similaz proceeding and to dedicate any required right of way. Commercial Industrial and Multi-Family Residential • Raises the minimum valuation amount specified in C.V.M.C. Section 12.24.020, from $20,000 to $50,000. The $50,000 amount would be indexed to the July 2011 value of the 20 City Average Building Cost Index (Engineering News Record) and would be adjusted annually on October 1 according to changes in that index. The code currently automatically adjusts for inflation, making the 1993 $20,000 valuation a $34,577 2 9-2 Item No. Meeting Date: 1-24-12 Page 3 of 3 valuation threshold in 2011. The threshold is being increased to $50,000 to ensure that only significant modifications to the owner's site trigger this requirement so that there is abetter nexus to require the public improvements. Public improvements will also be required ifsite-specific safety and health issues are at stake, no matter the valuation. • Limits the cost of reconstructing existing street improvements to meet current standards to 25% of the building permit valuation. • Requires Americans with Disabilities Act (ADA) pedestrian improvements in the right of way, if any are lacking or substandazd. The required ADA improvements would be limited to 20% of the building permit valuation. Development Services Oversight Committee The genesis for the refinement of the policy was the Development Services Oversight Committee where it was proposed that there should be a better nexus between the proposed amount of public infrastructure improvements required and the on-site private improvements being permitted. The Oversight Committee recommends approval of the ordinance and policy. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable. CURRENT YEAR FISCAL IMPACT There will be no change in the current fiscal year since the staff time spent in processing the agreements not to protest the formation of an assessment district will be offset by the staff time saved by not processing deferrals. ONGOING FISCAL IMPACT The changes to requirements placed on single-family residential projects will result in less staff time spent on deferrals of public infrastructure. This savings in staff time will be offset by the time spent on processing the agreements not to protest the formation of an assessment district resulting in no change fiscally. The construction of the ultimate street improvements is best done one street at a time, apportioning out the costs to those fronting on the street through an assessment district process. Since single family detached land uses will be required to enter into an agreement not to protest the formation of an assessment district, the ultimate cost of the improvements will not be fully borne by the General Fund. ATTACHMENTS 1. Council Policy 563-02 (Redline) 2. Form of an Agreement not to Protest the Formation of an Assessment District Prepared by: Tom Adler, Development Services. 3 9-3 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: ON-SITE IMPROVEMENT ACTIVITY POLICY NUMBER EFFECTIVE TO TRIGGER INSTALLATION OF DATE PAGE PUBLIC IMPROVEMENTS 563-02 2/23/93 1 OF 2 ADOPTED BY: Resolution No. 16994 DATED: 2/23/93 AMENDED BY: BACKGROUND Section 12.24.020 of the Municipal Code designates the dollar value of a building permit which triggers the need to install public improvements. In addition, Section 12.24.010 states, "[t]he nature and extent of the requirements imposed herein shall be limited to those dedications and improvements reasonably related and roughly proportional to the impacts created or added and/or the harm posed by the development." PURPOSE It is the purpose of this policy to provide a reasonable alternative to the requirement of CVMC Chapter 12.24 that public improvements be installed prior to final inspection, completion certificate or certificate of occupancy in certain, limited circumstance. This policy has been adopted pursuant to Chapter 12.24 section 12.24.080(E) and shall only apply to ministerial projects. POLICY No building permit shall be issued unless the application is in conformance with Section 12.24 of the al Code and this policy t& hcr~ 1>ubll~u ~731Itlf~l c{}2e~}t5 ally' 3~:~~1t{ircEl~a~~tt the u~}tstriielio}} F>f the Munici p H}1piF}}~Ci7le'._ritS.(:alr bt dc.l l'rrl(1 dS d~t_n}linl,El-_bV_t}}c {_`ltb Er14~i}(,iF:_1h }lh ~l ::E:l_i}FC,E-1 c1C{~?,ri it 3t:l l'ii}'ltiit ctt}fxo~.c.~}(.i3 tl}c.E-j~y,_~ttf~}~r~',`.~n~#khe_-E,H}l,t~~ijs~c;t. A. Single Familv Residential Prooerty: 1. The owner of a single family residential property shall not be required to install improvements, provided: a) the work being performed is remodeling, an addition, the construction of accessory secondary dwelling, a detached garage, or an accessory use structure as defined in 19.04.006; b) the proposed development is not known to create a danger to the general public or the users of the streets and highways within the City; and c) the owner enters into an agreement with the City not to protest the formation of a Block Act, assessment district or similar proceeding to cause the improvements to be installed. 2. The owner of a single family residence other than those covered by section A(1), above, shall comply with the requirements of CVMC Chapter 12.24 to dedicate needed right-of-way and construct public improvements. 3. The cost of the public improvements shall be limited to 25% of the building permit valuation. B. COMMERCIAL INDUSTRIAL AND MULTI FAMILY RESIDENTIAL: 9-4 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: ON-SITE IMPROVEMENT ACTIVITY POLICY EFFECTTVE TO TRIGGER INSTALLATION OF NUMBER DATE PAGE PUBLIC IMPROVEMENTS 563-02 2/23/93 2 OF 2 ADOPTED BY: Resolution No. 16994 DATED: 2/23/93 AMENDED BY: 1. The owners of property on which commercial, industrial, or multifamily residential development is to occur shall not be required to install improvements, provided: a) the owner enters into an agreement with the City not to protest the formation of a Block Act or similar proceeding to cause the improvements to be installed and development and either: 1) the on- site work involves only exterior, cosmetic improvements, which are intended to improve the appearance of the building, or 2) the on-site work involves tenant or lessee improvements with no change in use and/or no additional floor space. 2. In circumstances where public improvements are in place, but do not meet current adopted street standards, or are not consistent with the Circulation Element of the City's General Plan or any Specific Plan adopted by the City, and the building permit valuation exceeds the amount specified in C.V.M.C., Section 12.24.020, adjusted for inflation, the reconstruction of street improvements, including widening, will be required. The cost of public improvements shall be limited to 25% of the building permit valuation. In as far as American with Disabilities Act ("ADA") sidewalks and facilities are lacking or substandard within the public right of way, adjacent to the project, either full ADA improvements or 20% of the building permit valuation in ADA improvements shall be required. 3. The owner of commercial, industrial, or multi-family residential other than those covered under section B(1), above, shall comply with the requirements of CVMC Chapter 12.24 to dedicate needed right-of--way and construct public improvements. 9-5 LIr`AGf1.r~ E,u T Z Recording requested by and please rentrn to: City Clerk City ofChula Vista P.O. IIox lOS7 Chula Vista, CA 91912 [\] This rfocumenr 6encJits pernvittee. Recording fie required. for r\ffects Assessor's Parcel No(s) C.V. Pile No. 0740-20-PD[file «] AGREED~IEN"P BETV','EEN THE CITY OF CHULA VISTA ANll (INSERT PROPERTY O\VNER N.M4Ej NOT TO CONTEST FUTURE ASSESSMENT DISTRICT REGARDING THE PROPERTY KNO\YN AS [INSERT PROPERTY ADDRESS[ IN THE CI'CY OF CHULA VISTA THIS AGREGNIENT, made and entered into this day of , 2011, by and behveen the Cl'f1' OP CHULA VISTA. a municipal corporation, hereinafter referred to as "City" and [insert property owner nameJ, hereinafter referred to as "Property Owner". City and Property Ottmer may be referred to individually as "Parn~" and coltectivcly as "Parties". 4VITN_L-SSETI_I \\/HL-RLAS, the property which is the subject maeter of this agreement is commotily known as [htsert Property Address], Chula Vista, California, and is identified in the County Assessor records as Parcel No. [Insert APN ] in the City of Chula Vista. County of Smt Diego, State of California [Property]; mrd WI-16REAS. Property is owned by the Property Owner; and \VI-ILRL-AS. Property Owner is desirous of making improvements described in [Insert Permit. Drawine; or other Related Document NmnbersJ [Project] upon Property; and \VI-IE-RLr\S. Section 12.2=F.040 of the Chula Vista Nfunicipal Code provides, generally, for the installation of certain public improvements upon any dedicated alley, street or streets adjacent to a tot or parcel upon which a structure or building is to be installed, erected, or moved upon; and tVl-1CRL-AS, Property Owner, as a condition of the Project, and by the above described authority. is oblieated to enter into an agreement not to contest any present or furore assessment district Cor dte installation of public street or alley improvements [Improvements], abusing the subject Property; and \VI-IEREAS, The above-listed recitals are true and correct and are hereby incorporated by reference; and NO\V. TIILRL-FORL, IT 1S MUTUALLY AGRL-ED by and between the parties hereto as follows: Pale l 9-6 .4I2TICLE I. PARTICIPA"['ION IN FUTURE PROCEEDINGS 1.1 It is understood and agreed that Property Owner shall at such tune as a 1911 Ac[ or 1913 Act petition is circulated, si_n said petition and that said Property Owner does hereby waive all rights to protest in the event such a 191 l or 1913 Act proceeding is instituted or shall pay pro rata share. ARTICLE II. DUR4Ti0N OF AGREEMENT 2.1 `Chic Aereement shall be effective on the date it is executed by the last Party to sign the Agreement and shall be effective wail all Improvements abutting the subject property are completed to the satisfaction of the Ciq~ Engineer and accepted by the City. ARTICLE III. RE-IEDIES 3.1 Breach. It is understood, aereed and acknotv(edged 6y the Property Owner that, upon failure of the Property Owner, to si~at a 1911 Act or 19]3 Ac[ petition at such time as said petition is circulated, or at such time as said Property Owner protests such a 1911 or 1913 Act proceeding, the City may, but is not required to, pursue any remedy, available at law or equity, and Property Owner shall pay reasonable nttornevs' fens and costs to be rased as a cost in said proceedings. 6.19.1 No Lirnitatrnu on Remedies. Nothing in this Agreement, including the Remedies identified in section 3, shall constitute a limitation on the remedies provided at late or equity. 3? Costs. Any costs associated with enforcing the terms and conditions of this r\greement, inchtding attorneys' fees, shall be chargeable to the Property and payable by the Properq~ Owner. AR'CICLE I}'. INDENINI'I'1' S DUTY TO DEFEND 4.1 Indemnific•ttion and Hold Harmless Aereement. Property Otvner agrees to defend, indemnity, protect, and hold harmless the City, its agents, officers and employees, tram and against all claims, demands, causes of action, liability or loss asserted or established for damages or injuries to any person or property arising out of or related to this Agreement. The indemnification and hold harmless obligation contained in this section includes claims, demands, causes of action, liability or loss asserted or established by the Property Owner's employees, agents or officers, or judgments arising directly or indirectly out of or related to this A<,reernent. Claims. demands, causes of action, liability or loss that arise from, are connected with.. or are caused or claimed to be caused by the acts or omission of the Property Owner [he Property Owner's agents, officers and employees are covered. Also covered are the claims, demands, causes of action, liability or loss arising from, connected with, caused by, or claimed to be caused by the active or passive negligence acts or omissions of the City, its agents., officers, or employees which may be in combination with the negligence of the Property Owner, its employees, a~==cots or officers, or any third party. The Property Owner's duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arisine fi~om the established sole negligence or sole willful misconduct of the City, its agents, officers or employees. -t1 Enforcement Costs. The Property Otvner agrees to pay any and all costs the City incurs to enforce the indemnity and defense provisions set forth in section ~. It City chooses, at its own election, to conduct its own defense. participate in its own defense or obtain independent legal counsel in defense on any claim related to work provided raider this Agreement, Property Otvner agrees to pay the reasonable value oC attorneys' fees and all of Ciq~'s reasonable costs. -1.3 Futl Face and Effect This Article shall remain in full force and effect for one (I) year following acceptance of the Improvements by the City. Pale 2 9-7 ARTICLE V. NOTICES ~,l \\'ritinC. An}' demand upon or notice required or permitted to 6e given by one-Party to the other Party shall be in writing. 5? Effective Date. L•xcept as otherwise provided by law, any demand upon or notice required or pernvtted to be given by one Party to the other Party shall be effective: (i) on personal delivery, (ii) on the second business day after mailing by certified or registered U.S. Mail, return receipt requested, (iii) on the succeeding business day after mailing by L-xpress Mail or after deposit with a private delivery service of ~~eneral use (e.g., Federal Express) postage or Fee prepaid as appropriate, or (iv) upon successful transmission of facsimile. 7.. Rccinicn[s. "fo the City: City ofChuta Vista 276 4th Ave Chula vista, CA 91910 Attn: Development Services Department Land Development/Permits Section Property Owner: [Insert Name) (Insert Address] [Insert City, State. "Lip] i.:{ Ch~n~e of Address. Notification of a change of address shall be given iu the manner described in this Article. ARTICLE VI. DIISCELLANEOUS G.l Headines. All article headings are for convenience only and shall not affect the interpretation of this Agreement. G.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the phual number. G3 Reference to }'nra~ranhs. Each reference in this Agreement to a section refers, unless otherwise stated, to a section of this Agreement. G.A Luornor'ttinn of Recitals. Alt recitals herein are incorporated into this Agreement anti are made a part hereof. 6.: Cotenants and Conditions. r\II provisions of this Agreement expressed as either covenants or conditions on the part of the Ciry or the Property Owner, shall be deemed to be both covenants and conditions. G.6 Lrteeratian. This Agreement and the references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No chance, alteration, or modification of the tetnrs or conditions of this Aereement, and no verbal understandine of the Parties, their officers, agents. or employees shall be valid unless made in the form of a written change aereed to in writing by both Parties or an amendment to this Agreement agreed to in writing by both Parties. All prior negotiations and agreements are merged into this Agreement. 6.7 Severabilih•. The unenforceabiliq', invalidity, or illegality of any provision oC this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. Pave 3 9-8 6.S Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, semis and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision, which is the sole responsibility of each Party. This Aereement shall not be construed in Favor of or against either Party by reason of the extent to which each Parry participated in the drafting of the Agreement. G.9 Conticts Between Ternu. If an apparent conflict or inconsistency exists between an applicable federal, state, or local lave, tide, regulation, order, or code and this Agreement, the law, rule, regulation, m'der. or code shall control. Varying degrees of stringency among the main body of this Agreement, and laws, rules, regulations, orders, or codes are no[ deemed conflicts, and the most stringent requirement shall control. Lich Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concetning this Agreement. 6J0 Further Assurances. City and Properly Owner each agrees to execute and deliver suds additional documents as may be required to eftechtate the purposes of this Agreement. G.11 Complilnce with Controlling Law. The Property Owner shall comply with all laws, ordinances, regulations, and policies of the federate state, and local governments applicable to this Agreement. In addition. [he Property Owner shall comply invnediatety with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, tides, or regulations. The laws of the State of California shall govern and conu~ol the terms and conditions of this Agreement. G.12 ,iurisdietion, Venue, and Attorney Fees. The venue for any suit or proceeding concerning dtis Agreement, the interpretation or application of any of its temrs, or any related disputes shall be in the County of San Diego, State of California. The prevailing Party in any such suit or proceeding shall be entitled to a reasonable award of attorney Cees in addition to any other award made in such suit or proceeding. 6.13 \4unicipll Powers. Nothing contained in this Agreement shall be consnned as a limitation upon the powers of die City as a chartered city of the State of California. 6.1~ Third Parh~ Relnlionsltips. Nothing in this Agreement shall create a contractual relationship between City and any third party. G.li Non-Assignment. The Property O~wter shall not assign the obligations under this Agreement, whether by express assignment or b}' sale of the company, nor any monies due or to become due, without the City's prior written approval. Any assignment in violation of this paragraph shall constihde a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee. 6.1 G No Protest of Au[Itorih~ of the City: Q}' executing this Agreement, Property Owner agrees that the City is vested with the authority to require the Property Owner to enter into said agreement and fiudter agrees not to protest or challenge i^ any manner die aforementioned authority. G.17 4pnrovnl. ~\'here the consent or approval of a party is required or necessary wider this Agreement, the consent or approval shall not be unreasonably withheld. 6.IS No Waiver. No failure of either the City or the Propery- Owner to insist upon the strict performance by the other of any covenant, term m' condition of this Agreement, tior any failurrto exercise any riglu or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver oC any such breach of such covenant, tehm or condition. No waiver of mty breach shall affect or alter this Aereement, and each and every covenant, condition, and term hereof shall ~contimre in full force and effect to any existing or subsequent breach. Page 4 9-9 G.19 SieninE Authority. The representative for each Party signine mt behalf of a corporation, parmership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation. partnership, joint venhu'e, or emi[y and agrees to hold the other Parq~ or Parues hereto harmless if it is later determined that such authority does vot exist. 6.20 4dministratiee Ciaims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against the City unless a clams has first been presented in nsiting and filed with the City and acted upon by the City in accordance with the procedures set forth ni Chapter 1.34 of the Chula Vista Ntunicipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Permittee shall meet and confer in good faith with Ciq~ For the purpose of resolving any dispute over the terms of this Agreement. ]\ NITNL-SS WI-IEREOP, the PARTIGS hereto have caused this agreement to be executed the day and year hereinabove set forth. CITl' OF CHULA VISTA Signed: Date: Tom Adler or Kirk P. Ammerman Cor Director of Public \Vorks/City D-ngineer (City Clerk to attach acknowledgment.) PROPERTY OR'IVER Date: [Insert Property Owner Name] Date: [Insert Property Owner Nmne] (Propery Otcner'(s/ m attach nornrr nchnon~lerlgmenl fnr encG signrrlor}~J (Capa'ore ~ludmrin~ requirerljor each Signatory, ifrrpplicnGle.J J:\Engineer\PL-RNIITS\PD -Deferrals\PDxsx Agreement Not to Contest .Assessment Discrict.doc Page 5 9-10 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING TITLE 12.24 OF THE MUNICIPAL CODE RELATING TO THE THRESHOLDS FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS WHEREAS, It is the intent of the City Council to protect life and property and promote the general welfare as well as enhance and improve the physical environment of the community, sustainably; and, WHEREAS, the City's General Plan Theme 4 is "Improved Mobility", of which Goal 6.1 is "Safe; healthy, walkable and vibrant communities with a balance of jobs and housing" and Goal 6.3 is "A sustainable circulation /mobility system that provides transportation choices and is well integrated with the City's Land uses"; and, WHEREAS, one way the City implements the General Plan is with the issuance of building permits and Title 12.24 sets for the requirements for public improvements not associated with a subdivision; and, NOW THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: I. AMENDMENT TO CHULA VISTA MUNICIPAL CODE CHAPTER 12.24 That Chula Vista Municipal Code Chapter 12.24 shall be amended to read as follows: Chapter 12.24 DEDICATIONS Sections: 12.24.010 Purpose and intent of provisions. 12.24.020 Definitions. 12.24.030 Dedications -Required. 12.24.040 Installation of public improvements - Required. 12.24.050 Installation of public improvements - Standards. 12.24.060 Installation of public improvements - Permits. 12.24.0'70 Installation of public improvements -Prerequisite to issuance of certificates. 12.24.080 Installation of public improvements -Exceptions and limitations of obligation. 12.24.090 Installation of public improvements -Application for waiver -Content and fees. 12.24.100 Installation of public improvements -Application for waiver -Hearing. 12.24.110 Installation of public improvements -Appeal of director of development services's ruling 12.24.120 Installation of public improvements -Appeal -Findings. 12.24.130 Installation of public improvements -Deferral of requirements. 9-11 Ordinance No. Page 2 12.24.010 Purpose and intent of provisions The City Council finds as follows: (A) that lack of sidewalks within the City often encourages or forces pedestrians to walk in the streets, subjecting them to the hazards posed by vehicular traffic; (B) that during the rainy season, moving, high, and stagnant waters in city streets create additional dangers and inconveniences; (C) that streets and highways of inadequate width and design hinder vehicular movement and increase congestion; (D) that the lack of curbs, storm drain facilities and improved alleys results in poor drainage allowing for the collection of filth and waste matter; (E) the lack of adequate street lighting reduces visibility and allows for and contributes to the criminal infringement upon the rights of persons and property. The City Council, therefore, finds and declares all of the preceeding conditions to be dangerous to the health, safety, and welfare of the inhabitants of the city and to the users of its streets and highways. It is the purpose of the City Council, in adopting the provisions of this chapter, to mitigate these dangers, to the extent reasonably possible, by imposing reasonable requirements of dedication and street improvement upon individuals and corporations engaged in the development and construction of buildings or structures that tend to increase demands upon the existing public rights-of-way, streets, and highways within the city and, thereby, increase the danger to the public health and safety. It is the intent of City Council to accomplish this goal by applying the fundamental principles of the California Subdivision Map Act to development in the city for which no subdivision is necessary. Application of these principles would impose reasonable requirements for the dedication ofright-of--way and installation of public improvements in connection with such development, ensuring that the costs associated with additional risks to the health and safety of the public and the burdens or demands upon existing infrastructure that may result from such development are borne by those causing the development. The nature and extent of the requirements imposed herein shall be limited to those dedications and improvements reasonably related and roughly proportional to the impacts created or added and/or harm posed by the development. 12.24.020 Definitions A. "Alley" means a public or private way that is permanently reserved as a secondary means of access to abutting property. B. "Building" means any structure used or intended for supporting or sheltering a use or occupancy. C. "Development" means the erection, construction, enlarging, altering, repairing, improving, converting, or relocation of any building on a parcel or property. 12.24.030 Dedications -Required A. No building permit shall be issued for development in the city, the cost of which exceeds $50,000, until the owner of the pazcel or property upon which The building is, or is proposed to be, situated shall have provided, by means of an offer of dedication or other appropriate conveyance, as approved by the City Attorney, a dedication of the following: 9-12 Ordinance No. Page 3 1. Any necessary street, highway, or alley right-of=-way, if such street, highway, or alley right-of--way is shown or designated on the Street and Highway Element of the general plan of the city or upon any specific plan adopted by the City Council, as such may presently exist or as they may, from time to time, be amended, in order to properly align curb, gutter, sidewalk or paving with the existing or planned improvements in the same block frontage, in accordance with said general or specific plans or standards; 2. Any necessary city street that does not meet city standards, as such may presently exist or as they may, from time to time, be amended, in order to properly align curb, gutter, sidewalk or paving with the existing or planned improvements in the same block frontage in accordance with said city standards; 3. Easements for storm drain or other public facilities necessary to properly align said facilities with existing or planned public facilities, in conformance with the adopted general or specific plans and studies as approved by the City Council; and 4. Any other easement necessary to connect said parcel or property to an existing paved roadway; B. The cost of development that triggers the obligation for dedication in sections 12.24.030(A) shall be adjusted in either of the following manners: 1. Automatically on an annual basis, starting October 1, 2012, based on the one-year change (from July to July) in the 20-City Average Building Cost Index as published by the Engineering News Record from the date of the last adjustment; or 2. By City Council resolution adopting or amending a Council Policy in which an alternate methodology for automatic, annual adjustments is identified or a different trigger amount is set. 12.24.040 Installation of improvements -Required. A. Subject to the exceptions and limitations in section 12.24.080, every person causing development in the city, the cost of which exceeds $50,000, shall install, prior to the completion of such development, the following: 1. Sidewalks; curbs and gutters; pavement in streets, highways and alleys from the gutter or edge of travelway, if no gutters have been required, to the centerline or such portion of maj or streets in the same manner and to the same extent as that required for subdivisions; 2. Any necessary drainage facilities; and 3. Any necessary street lighting, including ornamental lighting, where specific plans have been adopted that include standards of lighting requiring the installation of additional lighting units; 9-13 Ordinance No. Page 4 B. The cost of development that triggers the obligation for installation of improvements in sections 12.24.040(A) shall be adjusted in either of the following manners: 1. Automatically on an annual basis, starting October 1, 2012, based on the one-year change (from July to July) in the 20-City Average Building Cost Index as published by the Engineering News Record from the date of the last adjustment; or 2. By City Council resolution adopting or amending a Council Policy in which an alternate methodology for automatic, annual adjustments is identified or a different trigger amount is set. 12.24.050 Installation of public improvements -Standards All public improvements required pursuant to this section shall be installed in accordance with and conform to all rules, regulations, ordinances, city standards and specifications, the circulation element of the general plan of the city, and any specific plan adopted by the city. 12.24.060 Installation of public improvements -Permits Permits required for construction of the public improvements identified in section 12.24.040 shall be secured prior to either the issuance of the building permit or the frame or electrical inspection approval associated with the development. 12.24.070 Installation of public improvements -Prerequisite to issuance of certificates No final inspection, completion certificate, or certificate of occupancy shall be issued for any development occurring after July 18, 1969, until the development is in complete compliance with the terms and requirements of this chapter. 12.24.080 Installation of public improvements -Exceptions and limitations of obligation The obligation to install public improvements identified in section 12.24.040 shall be limited in nature and extent to those improvements reasonably related to and roughly proportional to the danger to the health, safety, and general welfare of the general public and users of the city streets and highways and/or the additional burden on city facilities that such development will tend to create. Additionally, the city may waive the requirement to install some or all of the public improvements if: A. Adequate improvements of the nature and type required already exist; B. The topography is such that the installation of the improvements would be impracticable; C. Installation of improvements would be hazardous to pedestrians because of grade; D. The street or alley, for practical reasons, has not or cannot be readily graded to the established grade; or 9-14 Ordinance No. Page 5 E. The City Council has, by resolution, adopted a Council Policy establishing alternative procedures for or other limitations on the requirement to install public improvements. 12.24.090 Installation of public improvements -Application for Waiver- Contents and fees The property owner or his agent may apply to the Director of Development Services in writing on a form prescribed by the Director of Development Services for a waiver of the some or all of the requirements of CVMC 12.24.040. The application shall identify one or more of the exceptions or limitations listed in section 12.24.080 as well as the facts supporting such claim of exception or limitation. The application shall be accompanied by all fees associated with processing the request, including fees to cover the cost any investigation reasonably necessary for city staff to verify the facts. These fees are nonrefundable. Following the filing of a complete application for waiver, which includes payment of all fees, the Director of Development Services shall cause the matter to be set for a noticed public hearing. 19.24.100 Installation of public improvements -Application for waiver -Hearing The Director of Development Services may approve, partially approve or deny a waiver of the requirements to install improvements. A partial or full a waiver must be supported by written findings of fact establishing any one or more of the exceptions or limitations identified in section 12.24.080. 12.24.110 Installation of public improvements -Appeal of director of development services' ruling -Application and fees In the event that the Director of Development Services denies the request for a waiver of obligation to install improvements, the property owner or his agent may file an application with the City Clerk to appeal such denial, which appeal shall be heard by the City Council. Said application must be filed within 10 days of the date on which the Director of Development Services made his ruling, be accompanied by the required appeal fee, and include a written statement describing the basis of the appeal. Following the filing of a complete application, including all associated fees, a hearing before the City Council shall beset for the next regularly scheduled meeting, or at such time thereafter as may be designated, to consider the appeal. 12.24.120 Installation of public improvements -Appeal -Findings. Prior to overturning, in whole or in part, the Director of Development Service's ruling, the City Council shall find either: A. The facts as presented at the hearing before the Director of Development Services support one or more of the justifications for a waiver listed in section 12.24.080. 9-15 Ordinance No. Page 6 B. The installation of some or all of the improvements is not reasonably related to or roughly proportional to the danger to the health, safety, and general welfare of the general public and/or the additional burden on city facilities that such development will tend to create. 12.24.130 Installation of public improvements -Deferral of requirements A. In the event that the installation of all or any of the improvements required by CVMC 12.24.040 would, if presently installed, create a hazardous or defective condition or be impractical, or if said installation of any or all of said improvements would be incompatible with the present development of the neighborhood or be impractical or premature because of the existing condition of the surrounding property, or that it would be desirable to instal] said improvements as a part of the overall plan for the development of public improvements in a certain azea, the property owner or his agent may apply to the City Engineer for a deferral of the requirements of this chapter, stating the grounds and reasons therefore. B. If the City Engineer, at his discretion, feels that such grounds or exceptions are reasonable and that the requested deferral should be granted, the City Engineer may defer imposition of the requirements of this chapter on such applicant, subject to the conditions set forth herein. 1. The applicant shall execute a deferral agreement through which the applicant acknowledges his obligation to install the improvements at such time as requested by the City Engineer and agrees not to protest the formation of an assessment district or similar mechanism intended to finance the improvements. 2. The applicant for a deferral of such improvements shall pay a fee as presently designated, or as may be in the future amended, in the master fee schedule to cover investigation and processing of such requests. 3. The applicant owner shall provide the City with security equal to the estimated cost of the improvements, as approved by the city engineer, plus 10 percent of such cost. The security shall be in the form of a bond, letter of credit, cash deposit, or a lien on the subject parcel. a. Alien shall also provide for reasonable attorney fees and costs in the event that it becomes necessary for the city to foreclose upon such lien. b. The deferral agreement required in section 12.24.130(B)(1) shall stipulate that should said lien be extinguished by foreclosure of prior liens or otherwise, the improvements may be installed or provided by the city and the cost thereof become a lien against said property. C. The denial of a request for a deferral of public improvements may be appealed to the city council in the same manner as provided for appeal of requests for waiver of public improvements, as set forth in CVMC 12.24.110. II. EFFECTIVE DATE That this Ordinance shall take effect and be in full force on the thirtieth day from and after its final adoption. 9-16 Ordinance No. Page 7 Presented by Gary Halbert, AICP, PE Assistant City Manager/ Development Services Director 9-17 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CITY COUNCIL POLICY 563-02 FOR ON-SITE IMPROVEMENT ACTIVITY TO TRIGGER INSTALLATION OF PUBLIC IMPROVEMENTS AND AUTHORIZING THE CITY ENGINEER TO ENTER INTO DEFERRAL AGREEMENTS WITH QUALIFIED APPLICANTS WHEREAS, on February 23, 1993, the City Council adopted Council Policy 563-02; and WHEREAS, the policy applies to ministerial applications that trigger the installation of public improvements; and WHEREAS, the City Council desires to update the requirements contained within said policy and to authorize the City Engineer to enter into deferral agreements with qualified applicants; and WHEREAS, Chula Vista Municipal Code section 2.04.010 provides that the City Council may adopt policies by resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the amended City Council Policy 563-02, "On-site Improvement Activity to Trigger Installation of Public Improvements," and authorize the City Engineer to enter into deferral agreements with qualified applicants. Presented by Gary Halbert, P.E, AICP Assistant City Manager/Development Services Director 9-18