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Home My WebLink AboutOrd 1973-1492 � � . . ��ourth revision , . � . � . . . . • 8/6/73 ORDINANCE NO. 1492 AN ORDINANCE OF THE CITY OF CHULA VISTA I�MENDING SECTION 35..i:07 OF ARTICLE 3 OF CHAPTER 35 OF THE CHULA VZSTA CITY CODE RELATING TO THE CRITERIA FOR PARK LAND DEDICATION AND IN LIEU FEE REQUIREMENTS. The City Council of the City of Chula Vista does ordain as follows : SECTION I : That Section 35.307 of Article 3 of Chapter 35 of the Chula Vista City Code be, and the same is hereby amended to read as follows : Sec. 35 .307 . Criteria for Requiring Park Land Dedi.cation an in Lieu Fees. 1 . Amount of park land dedication required in accordance with this section shall be as follows : Single Family - 3 . 7 persons per dwelling unit 322 sguare Dwelling Units feet per unit or one acre per 135 units Attached, Cluster - 3 . 1 persons per dwelling unit 272 square Housing or Planned feet per unit or one acre per 160 units Unit Developments Under Either Condo- � minium or Subdivid- � ed Ownership . \ Duplexes - 2 . 5 persons per dwelling unit 218 square feet per unit or one acre per 200 units � Multiple Family - 2 . 0 persons per dwelling unit 174 square � Dwelling Units feet per unit or one acre per 250 units Mobile Homes - 1. 8 persons per dwelling unit 157 square feet per unit or one 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. , �� 2 . "Fair Market Value" shall be determined as of the time � of filing the final map in accordance with the following: The fair market value as determined by the City Council based upon the then assessed value , modified to equal market value in accordance with current practice of the County Assessor; or Zf 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. � � -1- 3 . Criteria for requiring a fee deposit in lieu of land dedication. When dedication is impossible, impractical or undesirable , 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 and the development of said lands for said purposes. The deposit of fees in accord- ance with said schedule shall be applied to the acquisition and development of said lands for said purposes , 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 and development exceed the fees deposited, the City shall pro- vide funds for said excess. Said fees are intended to substantially represent the cost of acquiring land and developing park and recreational facilities to serve the future inhabitants of the regulated subdivision. The fair market value of acceptable park lands con- tributed shall be credited against these fees . The sub- divider shall at the time building permits are requested deposit fees in , the following amounts. It is further understood and agreed that for purposes of this section the issuance of building permits are a discretionary act conditioned upon the deposit of said fees. Deposits required for acquisition and development. Single Family - $250 . 00 per unit plus $10. 00 for Dwelling Units each bedroom in excess of one bedroom Attached, Cluster - $220. 00 per unit plus $10 .00 for Housing or Planned Unit each bedroom in excess of one Developments Under Either bedroom Confiominium or Subdivided Ownership Duplex Units - $170 . 00 per unit plus $10. 00 for each bedroom in excess of one bedroom Multiple Family Units - $140 . 00 per unit plus $10. 00 for each bedroom in excess of one bedroom Mobile Homes - $130 .00 per unit plus $10 . 00 for each bedroom in excess of one bedroom For the purpose of implementing the above fee schedule , any rooms as shown on plans submitted by the subdivider, regardless of their designation thereon, which may be used for bedroom purposes shall be regarded as a bedroom. -2- 4 . Dedication and Payment of Fee. The following circumstances may arise which require a combination of the dedication of land and payment of fees: (a) Only a portion of the land to be subdivided is proposed on the General Plan as the location for a local park. That portion of the land within the subdivision falling within the park location as shown on the General Plan shall be dedicated for local park purposes , and a fee shall be required for any additional land that would have been required to be dedicated. (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. . (c) A residential development may constitute only a small portion of a particular neighborhood park district and upon completion of the subdivision, which may be the only developed area in said dis- trict, there may be no need for a fully improved neighborhood park. Under such circumstances the developer may be required to dedicate land in accordance with subsection 1 herein, and in addition thereto deposit the following fees for development of the park in the future: Single family dwellings - $130 . 00 per unit Attached, cluster housing - $100 . 00 per unit or planned unit developments under either condominium or subdivided ownership Duplex units - $ 85 . 00 per unit Multiple family units - $ 70. 00 per unit Mobile homes - $ 65. 00 per unit For the purpose of implementing the above fee schedule, any rooms as shown on plans submitted by the subdivider, regardless of their designation thereon, which may be used for bedroom purposes shall be regarded as a bedroom. Residential motels and hotels and transient motels and hotels shall only be required to deposit in lieu fees pursuant to the schedule in subsection 3. 5 , Park Development - Subdivider' s Responsibility. In addition to the dedication of land as required in subsection 1 above, it shall be the responsibility of the subdivider to develop such land for park purposes in accordance with the following general criteria: -3- ' I . � � � � � � . (a) Park lands are to be graded in accordance with a plan which shall be subject to the approval of the Director of Parks and Recreation. (b) All street improvements shall be installed. (c) All utilities shall be extended to the property line. (d) An automatic irrigation system shall be installed. (e) Turf shall be installed. (f) One tree per 1 ,000 sq. ft. of land area shall be planted. In the event the City determines that the improvement of the park land should be delayed for a substantial period of time after said park land has been dedicated, the sub- divider shall not be required to install such improvements , but instead shall pay the fee indicated in subsection 4 above. 6 . Periodic Review. 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. SECTION II : This ordinance shall take effect and be in full force on the thirty-first day from and after its passage and approval. Presented by Approved as to form by � ' !�/�� ,�� Z!�i�. _J�`. �� George D. Lindberg, City Atto ey George D Lindberg, City Attorn A ADOPTED Ai�'D APPROV�D BY TIIE CITY COO?7CIL. OF T1�E CI'PY OF CHULA VIS'P1a, CALIFORI7ZA, this .28th day of Auqust , 197 3, by the folio:•:ir.g �-ote , to-�:�it : AYES : Cot:;2CtiPm�ii Scott, Hobel, Hamilton, Hyde NAYES : Cowic�.tmen None • ABSENT : Cuucie�.Cmeii . Egdahl . t,''i��ZGdQ��L�'`��- ddCC�Uh G � �L112 C-i.L� U5(.ItUeCa-�o�i.0 ATTEST C.c.t� e,z z STATE OF CALIFORA'IA ) � � COUNTY Or SAN DIEGO ) ss. CITY OF CHULP. VISTA ) I , JEh�NIE �A. FllinSZ , C�.ty CCe��fz o5 .the C�,�j us C{iu�'a V�oxa, CaC�.6o2n�.a, DO ffEP.EBY CERTIFy .tha.t .tlee .above arid �o�eego�.ng �.a a �uxk, .t�ue and coi�ee.t� cop� 05 a�id .tizati the. eame hae nu�t been ame;�ded :,2 2epea2ed, DATED: . . .czy �'Enk y "�' � - , �