HomeMy WebLinkAboutOrd 1971-1366 ORDINANCE NO. 1366 ;d0.' 1366
AN OFDItIA?dCE OF T3E CIi'Y i.�F CH[iLA VT.STa t1M1',NDING
CHP.PTER 35 O? T�?F CHULA VISTA CITY CODE BY Cfit�vGIIvG
TfIE TITL� THEriEOc FRO�? OOTDOOP. AD'JERTISING TO ENVIRON-
b;ENT:�I, Ii�iPRCVEI�iSivT� �;AID ?DDING THSF.ETG�NEi�i aP.TICliES
- 3 AND:4 ALL P.EI,?^lING TO FROCEDUnES FOR A�.QUiRI1VG OR
FINANCIid� THE ACQUIS7:TION �IIdD D�t�ELOPMEIvT OF PARK
LANDS AND Or�EN SPACE
The City Council of. the City of Chula Vista does ordain as
follows :
SECTION I : That Chapter 35 be , zad the same is hereby
retitled Enviror.mental Is,provement. '
SECTIO*i ZI : That Chap*er 35 be , and the same is herebv
an�eaded by adding �hereto a new Article 3, enti*led Park Lands , Open
- Space and Public Facilities Dedication.
�RTZCLE 3 . PARI: LPs\DS , OPEN Sr�t��E y;1D PUBLIC
� rtiCILiTIES llEDICAi^T_ON .
Sec. 35 .:3G1 . Dedication for Park_ and ?tecreational
Purposes . -
� Pursuant to the authori"ty grar:ted by Sections 11510
and 11540 of the Business and 2rofessions Code of the
J State of California, as amended and added by Chaocer
� 1209 , StatuLes of 1965 , every subdivi�er sha�l , for the
� �D purpose of provi.ding park anc� recre3ticnal facilities
\ direct2y benefiting �ad serv�ng the resi3en�s of tne
� � r2gulated s��bd_vision, de3icate a portion o� tl-:e �and
or, in lieu *ner�of, pay a. fee ror each d:aelling uni't
� in the subdivision or do both , as reauired by this
� � article. Said dedication or payment of fees in lieu
thereof shall be applicable to zll resider.tial s�di�i-
�� sions of any type alloo:ed under the various and several
residential zcnes of the City of Chula Vista.
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� �\ , Sec. 35. 3Q2 . Determination of Park and Recreational
, _C Reauirem2n�s Benefitinq Reyulated Sub-
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� divisior_s .
The par.l- ar.8 recreational facilities for which 3edica-
tion of lan3 and/or pay:nent of a tee is requir�d by this
article shalZ be those facilicies set forth in the park
and recreatienal e?ement of the General Plan of the City
of Chula Vis�a z�op'te3 by Resolution No. 3519 cn the
22nd day of September, 1964 , and as tnereafter amerded.
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Sec. 35.�303. Applica*_io.^..
The provisions ot thi.s article shall apply to all
subdivisicns anc divisions created by parcel maps which
increase the number of permissible dwelling uni�s as
that phrase is defined in Section 115Q1 et sec. of the
Business aad Professions Code of the State of California,
excepting therefro� industrial and completely commercial
subaivisions 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. 35.304. Relation of Land Revuired to Po ulation
Density.
It is hereby found and determined:
1. That the public interest , convenience, health,
welfare and aafety 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 caill be satisfied in oart
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 pur�oses ; and
3. That �he remainder of the required three (3)
acres shall be supplied by tne requirements of this
article.
Sec. 35.3 �5. Pooulation Densit .
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 far.iily dwelling units contain 3. 7 persons
per dwelling unit.
2 . Duplexes contain. 2 . 5 persons per dwellir.g unit.
3. Multiple family dwelling ur.its contain 2 .0 persons
per dwelling unit.
4 . Mobile homes contain 1. 8 persons per dwelling
unit.
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Sec. 35. 306 . Criteria Requirin�c Dedication of Sites �
for Parks and Recrea_ion.
, Where a park or recreationaZ facility has been desig-
nated in the park a�id recreational element of the General
Plan of the City of Chula Vista, as amended, and which is
found to be located in whoie or in part within a oropose3
subdivision and serves the irunediate and future needs of
those persons who will reside within the proposed sub-
division , the subdivider shall be required to dedicate
an amount of lar.d in accordance with the standards set
forth in Sections 35 .303 and 35 .304 of this article
for a neighborhood or community park . Said park shall
be sufficient in size ar.d suitable by virtue of slopes ,
topography and geology, as well as its surroundings ,
viewed in liaht of the- proposed subdivision design, to
serve the residents oi 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 es'tablished pursuant to the standards estab-
lished by Sections 35 .303 and 35 .304 , the City shall
compensa�e =he subdivider for the acquisition of said
lands in accordance with the fair market value thereof
as defined in this article. If the amour.t of land re-
quired to be dedicated pursuant to this article is less
than -tiie land ratios established by Sections 35 .303
and 35 . 304 , 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 iecreational facilities
benefit.ing said regulated subdivision .
Sec. 35 .3U7 . Criteria for �equiring a Fee Deposit or
Lazd Dedication .
When dedication is impossible , impractical or wide-
sirable, the subdivider shall be required to deposit in
lieu of said dedication a fee based upon the following
schedule, �ahich 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. Tne deposit of fees ir.
accordance =with said schedule shall be applied to the
acquisition oi 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 returr.ed to the subdivider. Should the actual
costs of acquisi��ion exceed the fees deposited, the
City shall provide runds for said excess .
1. The subdivider shall deposit the following fees :
Single Family Dwelling Ur.its - $220 . 00 per unit
Duplex Units__ - $750 .00 per unit
Multiple Family Dwelling Units - $120 .00 per u*iit
Mobile Homes � - $100 .00 per unit
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These fees are intended to substantially represent
the cost of acqu:ring land a�d developing park and rec-
reation facilitie�. to serve the future iahabi*_ants of
the regulated sub�ivision. Tne f3ir market value of
accep*_able park lands contributed stiall be credited
against these fees .
2 . "Fair riarket Value" shall be determined as of the
time o� 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 to 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 d�aelling 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
cnarge 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 ar.iendment by
the City Council.
5. Circv.mstanc2s Requiring Both Dedication and Depcsit
of Fee . The follo�.ing circumstanc2s may arise requiring
a combination of the dedication of land and deposit o�
fees :
(a) Only a portion of the land to be subdivided
is proposed on the General Plan as the locatior.
_°or a local park. Tnat portion of the land wichin
the subdivision falling within the park lccation
as shown on the Ger.eral Plan shall be dedicated
for local park our.poses , and a fee shall be re-
quired for any additional land that would have
been reauired to be dedicated.
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(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 £ee required for
the remainder to pay for improvement of the park
and recreation facilities in the area serving the
subdivision.
Sec . 35 . 308 . 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 . 309 . Commencement of Park Develo ment.
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 zoneJ Improvement shall
continue based upon revenues received within each zone.
Sec . 35 .310 . 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 .311 . Dedication of School Sites .
1 . Dwelling Unit Defined for School Site Dedication.
"Dwelling Unit" as used in this article means a place of
residence and 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 .
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3 . E�emption from School Site Dedication. The provi-
sions of this article 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 . Nonaeceptance of Offer Terminates SehooZ 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 . Payments 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. 312. 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.
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SECTION ZII : That Chapter 35 be , and the same is hereby �
amended by adding thereto a new �rticle 4 entitled F.esidential j
Construction Tax. �
ARTICLE 4 . RESIDENTIAL COiQSTRUCTION TAX. II
Sec. 35.:401. 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 aporoval of a subdivisior, map. The City Council
hereby declares that the fees required to be paid hereby
are assessed pursuant to the taxing pewer 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 gopulation of
the City has created an urgency in that there are insuf-
ficiert funds available for the increased demand for
� capital ite�s required to serve the increasing population
of tne City .
Sec. 35 . 402 . Residential Corstruction Tax Schedule .
Every person constructing, erecting or placing any new
dwelling iinits in the City of Chula Vista shall pay to
the City a residential construction tax in accor3ar.ce
with the following schedule :
Single Family Dwelling Units - $220 .00 .per unit
Duplex Dorelling Units - $150 .00 -per unit .
riultiple Fanily 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 t`�ere sha12 be '
a refund of such fees in the event the building permit is
not approved, or is not used, for such construction.
Sec. 35 .q`03. Definitions .
(a) As used herein the term "person" incl��des every
person, firm, or corporation constructing, erecting or
placing a dwelling unit itself or throngh the services
cf any employee , agent or independent contractor. .
(b) As used herein the term "dwelling unit" includes
each single familv dwelling and each separate habitatien
unit of an aoartment duplex or multiple dwelling structur.e
designated as a separate habitation for one or more persons
althouan a part of the same building or structure, or
mobile none .
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Sec. 35 . 404 . Deposit of Funds .
All of the sums collected pursuat;t to this ordinance
shall be deposited in the capital outlay fund and shall
be used solely for capital expenditures as needed.
Sec. 35 . 405 . 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 , senter.ce , clause, phrase or
portion thereof , irrespective of the fact that any one
or more sections , subsections , clauses , phrases or
portior_s be declared invalid or unconstitutional.
_ SECTION IV: This ord?nance 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 pu�lished
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
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��,���''/,/,l��i �� a'„`.e��� / �/,e°� lZ��'�V/���c;�+��
George �H'. Lindberg, City Attorney
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ADOPTED .AND, APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA; tkiis 12th day of October , 19 71 , by the
following vote , to-wit :
AYES : Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES : Councilmen None
e'.BSENT : Counci lmen- None
biayor of the Ci y of Chula .V �a
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ATTEST � / A
City Cier1.
_ " STATE OF CALIFORNIA )
COUNTY OF SAN DZEGO j ss .
CITY OF CHULA VISTA j " •
I , JENNIE M, FULASZ � City Clerk of the Cicy of Chula Vista�
CaliforniaP DO HEREBY CERTIFY that the above and foreg�ing is a full;
true and correct cop}i of , and that the
same has not been amer.ded or repealed..
DATED;
"- City Clerk � ��
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