HomeMy WebLinkAboutOrd 2014-3303 ORDIt�'AI�'CE NO. 3303
ORDII�'ANCE OF THE CITI' OF CHULA VISTA AMEI�'DI?�'G
CHLiLA VISTA MUNICIPAL CODE CHAPTER 17.10
(PARKLANDS AI�'D PUBLIC FACILITIES) RELATII`'G TO
THE PARK ACQUISITIOI�' AI�TD DEVELOPMEI�'T FEE
REQUIREMENT FOR HOTELS AI`'D MOTELS
VdHEREAS, Chapter 17.10 of the Municipal Code sets forth the requirements for the
dedication and construction of pazl:lands as a condition of new development: and
WI-IEREAS. Section U.10.120 of the Municipal Code currently requires new hotels and
motels to dedicate and construct pazklands; and
VdHEREAS, the City`s standard for pazk lands is 3 acres per 1.000 population; and
R'HEREAS, hotels and motels do not drive changes in population.
NOVd, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follo«�s:
5ection I.
Chula Vista Municipal Code Chapter 17.10 is hereby amended to read as sho«m in
Attachment A, attached hereto and incorporated herein by this reference.
Section II. Se��erabilit��
If any portion of this Ordinance, or its application to any person or circumstance, is for
an�� reason held to be im�alid, unenforceable or unconstitutional, bv a� court of competent
jurisdiction, that portion shall be deemed se��erable; and such invalidity, unenforceabilit}� or
unconstitutionalih- shall not affect the validity or enforceability of the remainine portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the Cih� of
Chula Vista herebv declazes that it w�ould have adopted each section, sentence, dause or phrase
of this Ordinance, irrespective of the fact that an}� one or more other sections; sentences; clauses
or phrases of the Ordinance be declazed invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the Cit�� of Chula Vista intends this Ordinance to supplement, not to
duplicate or convadict, applicable state and federal la�� and this Ordinance shall be construed in
light of that intent.
Section IV. Effecti��e Date
This Ordinance shall tal:e effect and be in force on the thirtieth dav afrer its final passaee.
Ordinance No. 3303
Page 2
Section V. Publication
The Cin� Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
/ � �
� Cti�
Kelly G. oughton, FASLA en R. G ogins
Development Services Director Att ey '�
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia; this 11 th day of February 2014, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None '
Cheryl Cox, A �
ATTEST:
/!�� � /i" Vi�i�--�
Donna R. Nonis; MC,Ciry Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Ordinance No. 3033 had its first reading at a regular meeting held on the 28th day of January
2014 and its second reading and adoption at a regular meeting of said City Council held on the
llth day of February 2014; and was duly published in summary form in accordance ���ith the
requirements of state la�v and the City Charter.
� 2oi� o
Dated Donna R. Norris, MC, City Clerk
Ordinance No. 3303
Paee 3
Attachment A
Chapter 17.10
PARI�L4NDS �ND PUBLIC F�CILITLESx
Sections:
17.10.010 Dedication of land and de�elopment of impro��emenu for park and
recreational purposes.
17.]0.020 Deternunation of park and recreational requiremenu benefitine regulated
subdivisions.
17.10.030 Application.
17.I OA40 Area to be dedicated—Requued H hen—Amounu for cer[ain uses.
17.10.0�0 Pazk development unprovements— Specifications.
17.10.060 Criteria for area to be dedicated.
17.10.070 In-lieu fees for land dedication and/or pazk development impro<<emenu.
17.I O.OSO Limitation on use of land and/or fees.
17.]0.090 Commencement of pazk de��elopment.
17.10.100 Collection and distribution of fees.
17.10.110 Periodic re�•ieH and amendment authorized.
17.10.120 Geo2raphical disuibution of in-lieu fees for land dedication.
* Prior leeislation: Ords. 1668. 1506. 18�8. 1961. 2243. 2�06. 2�92 and 2616.
17.10.010 Dedication of land and decelopment of impro��ements for park and recreational
purposes. ___ __ _ __
Pursuant to the authorit�� eranted b}� Section 66477 of the Go�=ernment Code of the state, e��ery
subdivider, or developer of ne��� residential developmenu; shall: for the purpose of pro�idine
neighborhood and community park and recreational facilities directiv benefiting and serving th�e
residenu of the reeulated subdi��ision, or in the case of a development not requirine a subdivision
of land; benefitine and ser��ing the residents of those ne���developmenu; dedicate a portion of the
land and develop unpro��emenu thereon or in lieu thereof pa} fees for each d��elling unit in the
subdivision or residential development, or do a combination thereof. as required by the city in
accordance w2th this chapter. The dedication, unprovement, or pa��ment of fees in lieu thereof or
combination thereof shall be appiicable to all residential subdi�isions and ne�� residential
developments not requued to file a subdivision plan of any t�pe allou�ed under the rarious and
se��eral residential zones of the cin� and shall be in addition to an� residential construction taa
required to be paid pursuant to Chapter 332 CVMC. (Ord. 29�� § 1; 2004; Ord. 2586 § 1; 2002).
17.10.020 Determination of park and recreational requirements benefiting re�ulated
cubdi��isions.
The pazk and recreational facilities for which dedication of land and improvements thereon
and/or papment of a fee is required b}� this chapter shal] be those facilities as herein set forth in
C\�D4C 17.10.0�0 and as eenerallv set forth in the pazk and recreation master plan and in the
Ordinance No. 3303
Page 4
pazk and recreational element of the general plan of the cit}� adopted b}� Resolution i�'o. 3519 on
September 2Z; 1964. and as thereafrer amended. (Ord. 2886 § 1; 2002).
1710.030 Applicatioa
The pro��isions of this chapter shall appl}� to all subdivisions and di��isions created by pazcel
maps and residential developments not requiring final subdivision or parcel maps, eacepting
therefrom industrial and completel}� commercial subdivisions and tl�ose subdivisions or di��isions
of land for Nhich tentati��e subdivision or parcel maps have been filed within 30 da}�s after the
effective date ofthis chapter. (Ord. 294� § 2; 2004; Ord. 2SS6 § 1, 2002).
17.10.040 Area to be dedicated —Reyuired ��•heu —Amounts for certain uses.
_.................. ....._....._.............. ......... . ........................._.........._........
The amount of pazkland dedication required, in accordance with CVMC 17.10.010 through
17.10.110, is based on a standard of three acres per 1,000 people and shall be offered at the time
of filine of the final map, or in the case of a residential development that is not required to
submit a final map, at the time of the first building permit application. The area to be dedicated
shall be as follows:
A. Single-family d��elling units; includine single-famil}� detached homes and detached
condominiums, 3.�2 persons per dwelline unit; 460 squaze feet per unit, or one acre per 9� units;
B. Multiple-family dwelling units; including attached condominiums, townhouses, duplexes,
tripleaes and apartments, 2.61 persons per dwelling unit, 341 square feet per unit; or one acre per
12S units;
C. n4obilehomes, 1.64 persons per dwelling unit, 214 square feet per unit, or one acre per 203
units;
Development projects which have received tentative map approval as of November 12; 2002,
shal] not be requued to contribute additional acreage based on the revised persons per d�+�elling
factors as set forth abo��e. (Ord. 2945 § 3, 2004; Ord. 2886 § 1, 2002).
17.10A�0 Park development impro�ements—Specifications.
In addition to the dedication of land as required in CVMC 17.10.040; it shall be the
responsibility of the subdivider or building permit applicant to develop all or a portion of such
land for neighborhood or community park purposes to the satisfaction of the director of
recreation and the director of eeneral services. Al] parks shall include, to the satisfaction of the
city; the follo���ine elements; meet the follo���ing ininimum standazds; and will be designed,
developed; and maintained in accordance���ith the requirements of the city ]andscape manual and
the Chula Vista pazks and recreation master plan:
A. Grading shall be in accordance with the erading ordinance, street design manuaL the Chula
Vista parks and recreation master plan, and the city landscape manual.
Ordinance ?�o. 3303
Pase �
B. Improvements that ma�� be required by the cin� ma� include:
1. Draina2e svstem.
2. Sveet impro��emenu.
3. Parkins lot H2th liohtins.
4. Concrete circulation s��stem.
�. Securirv liehtina s�stem.
6. Pazk fixtures. includine. but not limited to. identification and informational
si�aee; picnic tables; benches; trash receptacles, hot ash containers, drinkins
fountains and bike racks. shall be pro�-ided and installed. �
7. Landscapine. induding trees; shrubs: ground cover, and turf.
S. .Automatic imaation svstem.
9. Resuoom/maintenance facilirv.
10. Pia}� azeas; with equipment for preschoolers and priman school-aee children.
shall be installed. Disabled individual accessible surfacine shall be installed.
i l. One picnic table shall be provided for every 600 people. Half of required
number of picnic tables shall be procided under a shelter.
12. The folloN�ine sports facilities (night lighting may be required for all of the
follo�ving):
a. One tennis court shall be provided for e��erv 3,200 people.
b. One baseball (organized adult)field shall be provided for e��ery 12,200
people.
c. One baseball field (oreanized}outh) shall be provided for everv 4;400
people.
d. One baseball (practice/informal) field shall be pro�ided for e��en�3;300
people.
e. One sofrball (organized adult)field shall be provided for every 7,900
people.
f. One softball (oreanized }�outh) field shall be provided for every 12.700
people.
g. One sofrball (practice/informal) field shall be provided for even� 2,8�0
people.
h. One basketball court shall be pro�ided for every 2,1�0 people.
i. One soccer field (organized eames) shall be provided for every 5;400 people.
j. One soccer field (practice/informal) shall be provided for every 2,��0
people.
C. All utilities shall be extended to the propem� line. (Ord. 294� § 4, 2004; Ord. 2SS6 y 1; 2002).
17.10.060 Criteria for area to be dedicated.
Ordinance No. 3303
Page 6
Acceptance of ]and for pazl:land is at the cit}� counciPs discretion, and in eaercisine its
discretion, the counci] ma}� consider the following criteria; in addition to anp other the council
considers relevant
.A. Topoeraphp, soils; soil stabilih�; and drainage location of land in subdi�ision available for
dedication.
B. Size and shape of the subdivision and land available for dedication.
C. Physical relationship of the site to the surrounding neighborl�ood.
D. Location of the site ��ith reeard to accessibility to the residents of the neighborhood and its
contribution to neiehborhood security. •
E. The amount, usabilim. and location of publicly owned property available for combination �vith
dedicated lands in the formation of public park ar�d recreation facilities.
F. Recommendation of the parks and recreation commission. An offer of dedication may be
accepted or rejected by the cit}� council.
G. Consistency with the soals and policies contained in the Chula Vista parks and recreation
master plan. (Ord. 2586 § 1; 2002).
1710.070 In-lieu fees for land dedication and/or park development impro�_ements____ ____ __
A. In-Lieu Fees for Land Dedication. If, in the judgment of the citp, suitable land does not esist
���ithin the subdivision or within the development if it is not part of a subdivision, or for
subdivisions containing 50 lots or less, the paycnent of fees in lieu of land shall be required. In
such cases; the required fee(s) shal] be based on the area to be dedicated as set forth in CVMC
17.10.040. Ho���ever; �hen a condominium project, stock cooperative or community apartment
project esceeds �0 d���ellina units, dedication of land may be required notwithstanding that the
number of pazcels may be less than 50.
R�here the city deems that a combination of dedication and payment; as provided in this chapter;
���ould better sen�e the public and the park and recreation needs of the future residents of a
particulaz subdivision or residential development, it may require such combination; provided,
hoH�ever,-the city council ma}�; by resolution, ���aive all or any portion of said dedication or in-
lieu fee requirements in the interests of stimulating the construction of housing for lo���- and
moderate-income families.
B. ln-Lieu Fees for Park Development Improvements. If, in the judgment of the cit}�, suitable
]and does not exist �a�ithin the subdivision or ��.�ithin the development if it is not part of a
subdivision, or for subdivisions containina �0 lots or less; the payment of fees in lieu of
developing improvements shall be required. In such cases; the amount of the required fee(s) shall
be based on the improvements required in CVn4C 17.10.0�0. Ho�i�ever; when a condominium
Ordinance No. 3303
Pase 7
project; stock cooperative or communirn apartment project esceeds �0 dwelling units,
unprovements ma� be required not��thstandina that the number of parcels ma��be less than �0.
\a'here the cin• deems that a combination of improvemenu and pa}ment. as pro��ided in this
chapter, would better serve the public and the park and recreation needs of tbe future residents of
a particulaz subdi�ision or residential developmen� it ma}� require such combination; provided;
bow'e�er; the cin' council may, b�' resolution, wai�e all or an�• portion of said impro��emenu or
in-lieu fee requiremenu in the interesu of stimulatine the construction of housine for low�- and
moderate-income fanulies. �
In the event the cin• determines that the improvement of the pazkland shall be dela}�ed for a
substantial period of time afier the pazkland has been dedicated, the subdivider or buildine
permit applicant shall not be required to install such impro��ements, but instead shall pay th�e
required fee(s) for the �alue of impro��ements required in C\'b4C 17.10.0�0.
1 i.10.080 Limitation on use of land and/or fees.
The amount of land. unpro��ements or in-lieu fees, or combination thereof received under this
chapter shall be used for the purpose of pro�idine neiehborhood and communitv park and
recreational facilities to sen�e the subdivision or residential development for�chich received. The
amount and location of the land or in-lieu fees. or combination thereof. shall beaz a reasonable
relationship to the use of the park and recreational facilities by the future inhabitants of the
subdi��ision or residential development. (Ord. 2945 § 6; 2004; Ord. 2886 § 1; 2002).
17.10.090 Commencement of park decelopment.
The city will acquire land for park purposes �rithin a subdi��ision as soon as sufficient funds are
a�•ailable. An�� fees collected under this chapter shall be committed �rithin fi�e ��eazs after the
papment of such fees or the issuance of buildine permiu on one-half of the lots created b}� this
subdi��ision; whiche�er occurs later. (Ord. 2886 § 1, 2002).
17.10.100 Collection and distribution of fees.
A. Prior to the recordation by the cit�� of a fmal subdi�ision map or recordation b� the city of a
pazcel map or release of either a final subdi��ision map or pazcel map to a deaeloper for
recordation or; prior to the issuance of the first buildine permit for a de��elopment that is not
required to submit either a final subdi��ision map or a parcel map; an}� required fees shall have
been paid to the cirv unless an aereement has been entered into berneen the cin, appro��ed b��the
city council; and the map applicant or building permit applicant providine for the subsequent
pa}�nent of the fee; but in no event later than 60 da}�s afrer map approval or at the time of the
first buildins permit issuance if no final subdi��ision map, parcel map or separate aereement
e�isu. Said aereement shall provide that such pa}ment shall be; to the satisfaction of the cit}�
manaeer and citv attorney, adequatel�� secured b�� sufficient suren or letter of credit, and shall
further provide for interest from date of fina] map approva] or the first building permit issuance
at Cit}�'s averaee earnines rates; computed and compounded quarterl}�, ekperienced bv the Cin�
on iu averaee in�esunents (as determined by the Cit��) (`base interest rate"); for the first 60 da��s
Ordinance No. 3303
Pace 8
afrer map appro��al or the first building permit issuance; and thereafter at the base interest rate
plus two percentage points until paid. toeether with any attomey fees and costs incurted in
enforcing the aereement. I�TOtwithstanding any other provision of law, the Cirn may ���ithhold
final or interim inspection of units for ti-hich building permits may have been issued and ma��
�vithhold issuance of additional building permits, certificates of occupanc} if applicable, or an}�
other processine of entitlements on any property or improvements included within the territory
of the map or approved development plan so approved or otherwise oNmed by applicant, until the
required fees are received by the Citv. An}� land to be contributed for the purposes outlined in
this chapter shall be dedicated to the City and shown on the fina] subdi�ision or parcel map or
approved de�=elopment plan at the time of approval. The Director of Finance shall be responsible
for the collection and distribution of fees as set forth in this chapter.
B. Planned de��elopments shall be eligible to receive a credit as detemuned b�� the City Council.
against the amount of land required to be dedicated, or the amount of the fee imposed; for the
value of private open space �vithin the development which is usable for active recreational uses.
Such credit, if given, shall be determined on a case-by-case basis. (Ord. 3163, 2010; Ord. 2945
§ 7, 2004; Ord. 2886 § 1; 2002).
17.10.110 Periodic review and amendment authorized.
Costs of constructing park facilities; population density, and local conditions chanee over the
years, and, as such; the specified formulas for the calculation and payment of fees for acquisition
and development of pazk sites as stated in this chapter is subject to and shall be periodically
reviewed and amended by the city council. The development portion of the fee shall be adjusted,
starting on October 1, 2004, and on each October lst thereafter, based on the one-�-ear change
(from July to Jul}�) in the 20-City Construction Cost lndex, as published montlily in the
Eneineering I�reN�s Record. Adjustments to the fees based upon the Construction Cost Index shall
be automatic and shal] not require further action by the city council. The park development
component of the fee; as well as the land acquisition component of the fee, may also be reviewed
and amended b} city council as necessary to reflect current mazket conditions, as ti�ell as sound
engineering, financing; and planning information. Adjustments to the fees resulting from these
discretionary revieN�s may be made by resolution amending the master fee schedule. (Ord. 2971
§ �, �ooa; ora. zas6 , i, zooz�.
Ordinance No. 3303
Paee 9
17.10.120 Georraphical distribution of in-lieu fees far laud dedication.
A. The colleccion of in-lieu fees for land dedication ��11 be separated into tu�o eeoeraphical
cateeories, azeas east of the I-80� and azeas «�est of the I-S0� and the fee for these areas N2ll be
as follo��s:
1. Areas east of I-50�.
IParlJaod Acquisition ISingle-Famih' IDlultifamih� In'Iobile Home I I
IDUs per Pazk Acre I9� I 128 I203 I I
IAcquisitionCostPerAcre IS1,20�,200 IS1,204;200 I51,20�,200 I I
IProposed In-Lieu Fee Per Unit IS12,676 IS9,408 IS�,932 I I
2. Areas ���est of I-50�.
Parl:land Acquisition ISingle-Famih� I�lultifamih• I�'fobile Home I I
�DUs per Park .Acre I9� I12g I2p3 I I
.Acquisition Cost/.-�cre I5474.443 I5474:443 IS�74.443 I I
Current In-Lieu Fee Per Unit I54,994 IS3;707 IS2,337 I I
(Ord. 3026 y 1, 200�).