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HomeMy WebLinkAboutReso 1971-6165RESOLUTION NO. 6165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH PARK LAND DEDICATION AND/OR IN LIEU FEE REQUIREMENTS AS A CONDITION OF FINAL SUBDIVISION MAPS AND ESTABLISHING A BEDROOM TAX Ord NEW CONSTRUCTION The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista has determined that it is in the public interest to establish a mandatory dedication of land or fees in lieu of land for park and open space purposes as a condition of the approval of final subdivision maps, and WHEREAS, the City Council also desires to impose a tax upon all residential construction in the City of Chula Vista which is not located within a subdivision subject to said mandatory dedication or fees in lieu requirement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it is the intention of the City Council of the City of Chula Vista to adopt said ordinances, attached hereto and by this reference made a part hereof, the same as though fully set forth herein and marked Exhibit "A". BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby fixes Tuesday, the 7th day of September, 1971, in the Council Chambers in the City Hall, 276 Fourth Avenue, Chula Vista, California, as the time and place for hearing all persons interested in or objecting to the adoption of said ordinances. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby directed to cause a copy of this resolution to be published once in the Chula Vista Star News, a newspaper of general circulation published within the City of Chula Vista, and to cause notices of the passage of this resolution to be posted in the manner and form required by law. Presented by Approved as to dorm by Q .y~~' ,~ Bruce H. Warren, Director of Geo e D. Lind~~~'City A rney Planning ORDINANCE NO. follows: AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 35 OF THE CHULA VISTA CITY CODE BY CHANGING THE TITLE THEREOF FROM OUTDOOR ADVERTISING TO ENVIRON- MENTAL IMPROVEMENT, AND ADDING THERETO NEW ARTICLES 2 AND 3 ALL RELATING TO PROCEDURES FOR ACQUIRING OR FINANCING THE ACQUISITION AND DEVELOPMENT OF PARK LANDS AND OPEN SPACE The City Council of the City of Chula Vista does ordain as SECTION I: That Chapter 35 be, and the same is hereby retitled Environmental Improvement. SECTION II: That Chapter 35 be, and the same is hereby amended by adding thereto a new Article .2 entitled Park Lands, Open Space and Public Facilities Dedication. ARTICLE 2. PARK LANDS, OPEN SPACE AND PUBLIC FACILITIES DEDICATIOt1. Sec. 35.201. Dedication for Park and Recreational Purposes. Pursuant to the authority granted by Sections 11510 and 11546 of the Business and Professions Code of the State of California, as amended and added by Chapter 1809, Statutes of 1965, every subdivider shall, for the purpose of providing park and recreational facilities directly benefitinq and serving the residents of the regulated subdivision, dedicate a portion of the land or, in lieu thereof, pay a fee for each dwelling unit in the subdivision or do both, as required by this article. Said dedication or payment of fees in lieu thereof shall be applicable to all residential subdivi- sions of any type allowed under the various and several residential zones of the City of Ciiula Vista. Sec. 35.202. Determination of Perk and Recreational Requirements Benefiting Regulated Sub- divisions. The park and recreational facilities for which dedica- tion of land and/or payment of a fee is required b_y this article shall be those facilities set forth in the park and recreational element of the General Plan of the City of Chula Vista adopted by Resolution No. 3519 on the r 22nd day of September, 1964, and as thereafter amended. 1 ~~P/~~ Sec. 35.203. Application. The provisions of this article shall apply to all subdivisions and divisions created by parcel maps which increase the number of permissible dwelling units as that phrase is defined in Section 11501 et seq. of the Business and Professions Code of the State of California, excepting therefrom industrial and completely commercial subdivisions and those subdivisions or divisions of land for which tentative subdivision or parcel maps have been filed within thirty (30) days after the effective date of this article. Sec. 35.204. Relation of Land Required to Population Density. It is hereby found and determined: 1. That the public interest, convenience, health, welfare and safety require that three (3) acres of property for each one thousand (1,000) persons residing within the City of Chula Vista be devoted to neighbor- hood and community park and recreational purposes; 2. That said requirement will be satisfied in part by cooperative arrangements between the City and the local school districts to make available one (1) acre of property for each one thousand (1,000) persons re- siding within the City for neighborhood and community park and recreational purposes; and 3. That the remainder of the required three (3) acres shall be supplied by the requirements of this article. Sec. 35.205. Population Density. Population density, for the purpose of this article, shall be determined in accordance with the 1970 census of population for the City of Chula Vista, as follows: 1. Single family dwelling units contain 3.7 persons per dwelling unit. 2. Duplexes contain 2.5 persons per dwelling unit. 3. Multiple family dwelling units contain 2.0 persons per dwelling unit. 4. Mobile homes contain 1.8 persons per dwelling unit. - 2 - ~~~~ ~ Sec. 35.205. Criteria Reauirin~~ Dedication of Sites for Parks and Recrea-t_i-on. Where a park or recreational facility has been desig- nated in the park and recreational element of the General Plan of the City of Chula Vista, as amended, and which is found to be located in whole or in part within a proposed subdivision and serves the immediate and future needs of those persons who will reside within the proposed sub- division, the subdivider shall be required to dedicate an amount of land in accordance with the standards set forth in Sections 35.203 and 35.204 of this article for a neighborhood or community park. Said park shall be sufficient in size and suitable by virtue of slopes, topography and geology, as well as its surroundings, viewed in light of the proposed subdivision design, to serve the residents of the regulated subdivision. In those instances where the neighborhood or community park is designated at a particular site within the regu- lated subdivision and the area required therefor exceeds the areas established pursuant to the standards estab- lished by Sections 35.203 and 35.204, the City shall compensate the subdivider for the acquisition of said lands in accordance with the fair market value thereof as defined in this article. If the amount of land re- quired to be dedicated pursuant to this article is less than the land ratios established by Sections 35.203 and 35.204, the subdivider shall pay a fee proportionate to the additional lands determined by such density ratios in said sections in accordance with the schedule set forth herein, to provide funds for the acquisition of sites required for park and recreational facilities benefiting said regulated subdivision. Sec. 35.207. Criteria for Requiring a Fee Deposit or Land Dedication. When dedication is impossible, impractical or unde- sirable, the subdivider shall be required to deposit in lieu of said dedication a fee based upon the following schedule, which fee shall be used solely and exclusively for the purpose of acquiring lands to be dedicated for park purposes for the use and benefit of the residents of the regulated subdivision. The deposit of fees in accordance with said schedule shall be applied to the acquisition of said park and recreational facilities, and in the event that the amounts required for deposit shall exceed the actual costs, the balance thereof shall be returned to the subdivider. Should the actual costs of acquisition exceed the fees deposited, the City shall provide funds for said excess. 1. The subdivider shall deposit the following fees: Single Family Dwelling Units - $230.00 per unit Duplex Units - $147.50 per unit Multiple Family Dwelling Units - $118.00 per unit Mobile Homes - $106.00 per unit - 3 - ~i~ s These fetes are intended to substantially represent the cost of acquiring land and developing park and rec- reation facilities to serve the future inhabitants of the regulated subdivision. The fair market value of acceptable park lands contributed shall be credited against these fees. 2. "Fair Market Value" shall be determined as of the time of filing the final map in accordance with the fol- lowing: The fair market value as determined by the City Council based upon the then assessed value, modi- fied tc equal market value in accordance with current practice of the County Assessor; or If the subdivider objects to such evaluation he may, at his expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the City Council if found reasonable. 3. Park land required in accordance with this sec- tion shall be as follows: Single Family - 322 sq. ft. of usable park Dwelling Units land per dwelling unit or one (1) acre per 135 units. Duplexes - 218 sq. ft. of usable park land per dwelling unit or one (1) acre per 200 units. Multiple Family - 174 sq. ft. of usable park Dwelling Units land per dwelling unit or one (1) acre per 250 units. Mobile Homes - 157 sq. ft. of usable park land per dwelling unit or one (1) acre per 278 units. These amounts of land shall be offered at the time of filing of the final map. If, in the judgment of the City, suitable land does not exist within the subdivision, or for subdivisions containing 50 lots or less, only the payment of fees shall be required. 4. Costs, population density, and local conditions change over the years and the specified formula for the payment of fees for acquisition of park sites as stated herein is subject to periodic review and amendment by the City Council. 5. Circumstances Requiring Both Dedication and Deposit of Fee. The following circumstances may arise requiring a combination. of the dedication of land and deposit of fees: (a) Only a portion of the land to is proposed on the General Plan as for a local park. That portion of the subdivision falling within the as shown on the General P1a.n shall for local park purposes,~and a fee quired for any additional land that been required to be dedicated. _~_ be subdivided the location the land within park location be dedicated shall be re- would have ~~~/~ S~ (b) A major part of the local park or recreation site has already been acquired, and only a small portion of land is needed from the subdivision to complete the site. The remaining portion shall be required by dedication, and a fee required for the remainder to pay for improvement of the park and recreation facilities in the area serving the subdivision. Sec. 35.208. Credit for Park and Recreational Facilities. 1. Justi;;°i cation for Credit of Greenbelt and Open Space Lands. Credit for greenbelt and open space land that serve as a park or recreation facility may be approved by the Planning Commission upon the recommendation of the Parks and Recreation Commission. These areas shall be recorded in the park and recreational element of the General Plan of the City of Chula Vista. ~ti'here private open space for park and recreational purposes is provided, such space shall be credited against the requirement of dedication for park a.nd recreation purposes, as set forth herein, provided the City Council finds it is in the pub- lic interest to do so, and that the following standards are met: (a) That yards, court areas, setbacks and open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and (b) That the private ownership and maintenance of the open space is adequately provided for by written agreement; and (c) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or elim- inated without the consent of the City Council; and (d) That the proposed private open space is reasonably adaptable for use for park and recrea- tional purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land; and (e) That the facilities proposed for the open space are in substantial accordance with the provisions of the General Plan and the recreation standards of the Chula Vista Parks and Recreation Master Plan and are approved by the City Council. - 5 - ,~~/~S- Sec. 35.209. Limitations on Use of Land and Fees. The land and fees received under this article shall be used only for the purpose of providing park and rec- reational facilities to serve the subdivision for which received and the location of the land and amount of fees shall bear. a .reasonable relationship to the use of the park and recreational facilities by the future inhabi- tants of the subdivision. Sec. 35.210. Commencement of Park Development. The City will acquire land for park purposes within a specific Facilities Service Zone as soon as sufficient funds are available, and will commence improvements at the time building permits have been issued relative to at least eighty percent (80%) of the residentially zoned property within the specified zone. Improvement shall continue based upon revenues received within each zone. Sec. 35.211. Collection and Distribution of Fees. Prior to the acceptance of a final subdivision map or approval of a parcel map, any required fees shall have been paid to the City. Any land to be contributed for the purposes outlined in this article shall be dedicated to the City and shown on such final subdivision or par- cel map, The Director of Finance of the City of Chula Vista shall be responsible for the collection and dis- tribution of fees as set forth in this article, and the City Council shall review, at least annually, the park and recreational element of the General Plan, in- cluding the service areas for parks required to be dedicated or acquired pursuant to the terms of this article. Sec. 35.212. Dedication of School Sites. 1. Du~eZZing Unit Defined for School Site Dedication. "Dwelling Unit" as used in this article means a place of residence ar_d may be located in either a single or multiple dwelling unit building. 2. Subdividers Must Offer School Site. Every subdi- vider and his successor who, within three (3) years or less, develop or complete the development of one or more subdivisions comprised of a single parcel or contiguous parcels having more than four hundred (400) dwelling units within the Chula Vista City School District or the Sweet- water Union High School District shall dedicate to the school districts such lands as the Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdi- vision adequate school service. - 6 - ~'~/~.s- 3. Exemption frcn Sch.ooZ Site Dedication. The provi- sions of this articJ_e shall not be applicable to a subdi- vider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps. 4. Nonacceptance of Offer Terminates School Site Dedication. The requirement of dedication shall automat- ically terminate unless the Chula Vista City School District or the Sweetwater Union High School District offers to enter into a binding commitment with the subdivider to accept the dedication within thirty (30) days after the requirement is imposed by the Council. 5. Time to Dedicate School Site. The required dedi- cation may be made at any time prior to the construction of the 401st dwelling unit. 6. Paz~ments to Subdivider for School Site Dedication. The Chula Vista City School District or the Sweetwater Union High School District shall, if they accept said dedications, repay to the subdivider or his successors the subdivider's original cost of the dedicated land, plus a sum equal to the total of the following amounts: (a) The cost of any improvements to the dedicated land since acquisition by the subdivider. (b) The taxes assessed against the dedicated land from the date demand for dedication is made. (c) Any other costs incurred by the subdivider in maintenance of such dedicated land, including in- terest costs incurred on any loan covering such land. Sec. 35.213. Principles and Standards. The following principles and standards are intended to serve as a general guide in determining the neighbor- hood facilities for which sites normally will be required in accordance with the General Plan: 1. An elementary school site of approximately ten (10) acres will be required for each six hundred (600) families, more or less, required to be served by such school. Such school site shall be central to the popula- tion to be served and shall not be fronted on a major thoroughfare. 2. Whenever possible, playground and neighborhood recreation areas shall be developed in conjunction with elementary school sites. A park site, if required, .shall not normally be less than seven (7) acres in area, except that such site, when adjacent to a school, shall not nor- mally be less than three (3) acres, and such sites shall specifically include areas with natural advantages for park development. _ ~ ~l~/~ S` Sec. 35.214. Reservations and Dedications for Public Facilities. 1. New subdivisions shall connect to a dedicated and improved (or bonded f'or) street and shall make provision for dedication of necessary public rights-of-way, includ- ing streets, pedestrian ways and utility easements, with- in or adjacent to the subdivision. 2. Aecess Rights. Where it is in the interest of the public safety or welfare to limit the access to any street or highway, the subdivider may be required to waive direct access rights or easement of access to any such street or highway from and- property shown on the final map as abut- ting thereon. 3. Required Sites for Public Facilities. Tentative maps for new subdivisions shall indicate sites for required public facilities, including, but not limited to, sites for libraries, fire stations and police substations. The required sites shall be offered to the City for immediate purchase or under exclusive option for a period of two (2) years from the date of execution, at current unsubdivided land fair market values on said date of execution plus in- terest and any necessary costs incurred by subdivider from date of execution to date of exercise of said option, which are beneficial to the City. Such agreements shall be executed prior to City approval of the final map or parcel map, and shall be a condition of such approval. 4. New subdivisions shall make the provision for the continuation of existing streets i.n adjoining or adjacent subdivisions insofar as these may be necessary for public requirements. Streets shall be extended to the boundary of the subdivision to provide suitable access to adjoin- ing property. 5. A street or alley lying along the boundary of a subdivision may be dedicated less than the full required width (but in no case less than one-half [1/2~ the required width) if it is practical to require the dedication of the remaining width when the adjoining property is subdivided. Such portion of a street shall be distinctly designated upon the map or plat as being a portion only of a street, and not the street in full width. 6. Whenever there already exists a dedicated and recorded half street or alley on an adjoining plat, the other half must be dedicated on the proposed plat to com- plete the street or alley right-of-way. 7. Where practicable, access shall be provided to major canyon areas via streets, alleys or other public ways as may be necessary to provide for future develop- ment and public safety. - 8 - ~~/~s~ SEC`i'TON III: That Chapter 35 be, and the same is hereby amended by adding thereto a new Article 3 entitled Residential Construction Tax. ARTICLE 3. RESIDENTIAL CONSTRUCTION TAX. Sec. 35.301. Purpose and Intent. It is the purpose of the City Council of the City of Chula Vista in adopting a residential construction tax to provide a more equitable distribution of the burden of financing parks, open spaces and public facilities and other capital improvements, the need for which is created by the increasing population of the City. It is intended that the residential construction tax shall be applicable to all new residential units and paid by the person con- structing said units if said person has not dedicated park lands or paid fees in lieu thereof as a condition of approval of a subdivision map. The City Council hereby declares that the fees required to be paid hereby are assessed pursuant to the taxing power of the City and solely for the purpose of producing revenue. The con- tinued increase in the development of dwelling units in the City with the attendant increase to the population of the City has created an argency in that there are insuf- ficient funds available for the increased demand for capital items required to serve the increasing population of the City. Sec. 35.302. Residential Construction Tax Schedule. Every person constructing, erecting or placing any new dwelling units in the City of Chula Vista shall pay to the City a residential construction tax in accordance with the following schedule: Single Family Dwelling Units - $220.00 per unit Duplex Dwelling Units - $150.00 per unit Multiple Family Dwelling Units - $120.00 per unit Mobile Homes - $100.00 per unit Such fees shall be due and payable upon application to the City for a building permit for the construction of any such dwelling unit; provided, however, that there shall be a refund of such fees in the event the building permit is not approved, or is nat used, for such construction. Sec. 35.303. Definitions. (a) As used herein the term "person" includes every person, firm, or corporation constructing, erecting or placing a dwelling unit itself or through the services of any employee, agent or independent contractor. (b) As used herein the term "dwelling unit" includes each single family dwelling and each separate habitation unit of an apartment duplex or multiple dwelling structure designated as a separate habitation for one or more persons although a part of the same building or structure, or mobile home. Sec. 35.304. Deposit of Funds. All of the sums collected pursuant to this ordinance shall be deposited in the capital outlay fund and shall be used solely for capital expenditures as needed. Sec. 35.305. Separability. If any section, subsection, sentence, clause, phrase, or portion of_ this ordinance is for any reason held to be invalid or unconstitutional by the decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of this City hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION IV: This ordinance being a revenue measure shall take effect immediately upon its passage. Before the expiration of fifteen (15) days after its passage, this ordinance shall be published once in the Chula Vista Star News, a newspaper of general circulation printed and published in the City of Chula Vista. Presented by Approved as to form by - _ -_.. --. ... George D Lindberg, City Attor y ..,~~.~.~:.: - 10 - ~~~~ ~~~~ ADOPTED AND AFPROVED by the CITY COUNCIL- of the CITY OF CHULA VISTA, CALIFORNIA, this 10th day of August , 19 71 , by the following vote, to-wit: AYES : Councilmen_ Scott, Hobel, Hamilton, Hide E~dahl NAYES : Councilmen None ABSENT: Councilmen None } Mayor of the Cit of Chula Vis:: i ATTEST ~. (~ ity Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1 ss. CITY OF CHULA VISTA ~ Is JENNIE M~ FULASZp City Clerk of the City of Chula Vista., California„ DO HEREBY CERTIFY that the abo~re and foregoing is a full-. true and correct copy of ~ and that. the same has not been amended or repealed. DATED .~_., Cz~.y Cleric a.,..~~s.mr~,_ T___ --~ ~~~ ~ ~~~