HomeMy WebLinkAboutOrd 2015-3339 ORDII�'ANCE \�O. 3339
ORDIN.ANCE OF THE CITY OF CHULA VISTA APPROV[I�'G
AMENDMENTS TO CHULA V[STA MUNICIPAL CODE
CH.APTER 19.09 (GROI�'TH MANAGEMENT)
WHEREAS, in response to ero��nh and in anticipation of additional growth in Chula
Vista, the City Council adopted the Threshold Standards and GroNth I�9anaeement Oversight
Committee Polic�� in 1987 and the Gro«2h A4anasement Proeram and "Gro�;nh Manaeemenr`
ordinance in 1991_ and
�1'HEREAS. in 2003 the City Council, in response to a gro���th boom that began in 1999,
requested that a comprehensi��e re��ie�v of the "Gro�ith Manaeemenr' ordinance and threshold
standazds be conducted to make certain that thev ���orked "in todav`s �rorld": and
�'HEREAS, in 2004 a N�hite paper N�ith obsen-ations and suegestions to explore updates
to the "Gro��rth Manasemenr' ordinance and threshold standards; ���as presented to Council; and
Council accepted the ��hite paper, authorizins a N�ork program for undenakins a "top-to-bottom"
revieti� and the prepazation of resultant re��isions to the Cim's Gro��nh A4anaeement Prooram
provisions; and
V�'HEREAS, subsequent to Council authorization. a consultant and Citv staff prepared a
drafr "Gro�Kh Manaeemenr' ordinance update; and
V�'HEREAS. the Groti�th Management O��ersieht Commission (GMOC) participated in
discussions ���ith the consultant and Citv staff in revisine the "Gro��Kh n9anaeemenr' ordinance:
and - y �
V�'HEREAS; ��arious G1�40C annual reports since 200� ha��e recommended changes to
the ��Gro��th Manaeemenr` ordinance and threshold standards: and
WHEEZEAS, on October 22, 2014, the GMOC revien=ed and accepted the final proposed
re��isions to the "Gro���th Manasement" ordinance: and
�'HEREAS; the Director of Development Senices set a hearine before the Plannine
Commission for the consideration of and recommendation on chanaes to the "Gro��nh
Management" ordinance. Notice of said hearing, together ���ith its purpose_ ���as given b}� its
publication in a ne�+-spaper of seneral circulation in the Cih� at least ten ]0 days prior to the
hearine: and
��l'HEREAS; a hearing ���as held at the time and place as advertised on \'o��ember 12,
2014 at 6:00 p.m. in the Citv Council Chambers; 276 Fourth Avenue; before the Planning
Commission of the Cin� of Chula Vista to recei��e the recommendation of Citv staff and to heaz
public testimony �i-ith reeards to the proposal: and the hearino H�as thereafrer closed: and
Ordinance I�'o. 3339
Page No. 2
WHEREAS, the Planning Commission considered all reports, e��idence. and testimony
presented at the public hearing with respect to the "Gro��th Manaeement" ordinance; and
WHEREAS, the Planning Commission did find and determine that the proposed
ordinance is consistent with the City or Chula Vista General Plan and local, state, and federal
law, and that the public necessity, convenience; general welfare and good zoning practice
support the requests; and
V✓H�REAS, the Planning Commission, afrer considering all evidence and testimony
presented, recommended by a vote of 5-0-0-2 that the City of Chula Vista City Council approve
the revisions to the "Growth ManagemenY' ordinance; and
�VHEREAS, a hearing time and place was set by the City Council of the City of Chula
Vista for consideration of the proposal and notice of said hearing, toeether with its purpose, ���as
gi��en by publication in a newspaper of general circulation in the City at least ten 10 days prior to
the hearing; and
WHEREAS, a duly called and noticed public hearing was held at the time and place as
advertised on .Ianuary li, 201� at 2:00 p.m. in the City Council Chambers; 276 Fourth Avenue,
before the City Council to receive the recommendation of Ciry staff and to hear public testimony
with regards to the proposal; and
WHEREAS, the hearing was continued to January 27 and then to February 17, 201� at
6:00 p.m. with regards to the proposal, and the hearing was thereafrer closed.
NO\�✓; THEREFORE, BE IT ORDAINED that the City Council does hereby find and
detemiine as follo���s:
Section I: Environmental
That the City Council has reviewed the proposed activity for compliance with the
California Quality Act (CEQA) and has determined that there is no possibility that the activity
may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines, the activity is not subject'to CEQA. Thus, no environmental review
is required.
Section I1: General Plan
That the proposed changes to the "Growth Management' ordinance (Chapter 19.09 of the
Chu(a Visla Mwaicrpa! Code) are consistent with the elements of the City's Geraerul Plun.
Section III. Adoption
The City Council does hereby approve the Ordinance that would amend the "Growth
ManagemenT' ordinance (Chapter 19.09 of the Cbulu Vi.rla Municipal Code).
Ordinance I�'o. 3339
Pase No. 3
Section IV. Se��erabilih�
If an� portion of this Ordinance, or its application to anv person or circumstance, is for
am� reason held to be in��alid. unenforceable or unconstitutional. bv a court of competent
jurisdiction. that portion shall be deemed se��erable, and such in��alidit}�. unenforceabilit�� or
unconstirutionalit} shall not affect the ��alidi[y or enforceabilitv of the remaining portions of the
Ordinance, or its application to anv other person or circumstance. The Cit�� Council of the Cit�� of
Chula \rista hereb�� declares that it ���ould ha�e adopted each section. sentence. clause or phrase
of this Ordinance, irrespective of the fact that am� one or more other sec[ions; sentences, dauses
or phrases of the Ordinance be declazed im�alid. unenforceable or unconstitutional.
Section V. Coostruction
The Cit�� Council of the Cit}� of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict. applicable state and federal la�� and this Ordinance shall be construed in
lisht of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth da�� afrer iu final passage.
Section VII. Publication
The Cit�� Clerk shall certif�� to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to la«.
Presented b�� Appro��ed as to form b��
��^'� '\`-��.
Ke y . Broughton, FASLA �Glen R�Gooeins�\\`__\/�J
Director of Development Sen�ices im Attorne�� .
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Ordinance No. 33i9
Page No. 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista.
California, this 14th da}� of April 2015, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary alas, Mayor
ATTEST:
Donna R. Norris, C C; City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris; Citv Clerk of Chula Vista, California, do hereby certify that the foregoine
Ordinance No. 3339 had its first reading at a regular meeting held on the 17th day of February
201� and its second reading and adoption at a regular meeting of said Ciry Council held on the
]4th day of April 2015; and �aas duly published in summary form in accordance with the
requirements of state la�i- and the Cit}- Charter.
r� � ��+ '
� o! �� � c ��
D ted Donna R. Norris, CMC, City Clerk
Ordinance No. 3339
Chapter 19.09
GROWTH MANAGEMENT
Sections:
19.09.010 Purpose/Inient, Policies and Findings.
19.09.020 Definitions.
19.09.030 Growth Management Program Implementation Manual.
19.09.040 Threshold Standards for Ciry Facilities and Services.
19.09.050 Threshold Standards for Exiernal Facilities and Services.
19.09.060 Amendments and Supplemental Threshold Standards.
19.09.070 Moratorium on Building Permits Allowed.
19.09.080 Requirement for Public Facilities Finance Plans(PFFP), Air Quality Improvement
Plans and Water Conservation Plans
19.09.090 Public Facilities Finance Plan (PFFP) Contents.
19.09.100 Public Facilities Finance Plan (PFFP) Preparation.
19.09.110 Public Facilities Finance Plan (PFFP) Review.
19.09.120 Pubiic Facilities Finance Plan (PFFP) Implementation.
19.09.130 Public Facilities Finance Plan (PFFP)Amendment.
19.09.ta0 Exceptions and Exclusions.
19.09.150 Extensions of Prior Approvals.
19.09.160 Obligation to Pay Fees or Install Facilities Required by Any Other Law.
19.09.170 Implementing Procedures.
19.09.180 Council Actions, Fees, Notice.
19.090.190 Severability.
19.090.200 Facility Master Plans.
19.09.010 Purposellntent, Policies and Findings____ _ _
A. Purpose/Intent
The purpose and intent of this chapter is to: 1) Implement the policy framework established by Chula Vista's
General Plan for Chula Vsta's Growth Management Program; 2) Codify threshold standards designed to
assure that, as new development occurs, public facilities, infrastructure and services will exist, or concurrently
be provided, to meet the demands generated by new development, and service levels to existing residents will
not be reduced; and 3) Establish administration and compliance mechanisms.
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Ordinance No. 3339
B. Policies
It is the policy of the city of Chula Vista to:
1. Provide that public facilities, infrastructure and services meet the threshold standards set forth in this
chapter, and are provided in advance of, or concurrent with, the demands created by new development;
2. Assure that individual development projects measure potential impacts upon public facilities, infrastructure
and services, and provide a plan for funding improvements needed to meet the threshold standards set forth in
this chapter;
3. Provide quality housing opportunities for all economic segments of the community;
4. Provide a balanced community with adequate commercial, industrial, recreational and open space areas to
support the residential areas of the city;
5. Balance the regional housing needs against the public service needs of Chula Vista residents and available
fiscal resources, environmental constraints, and quality of life considerations;
6. Provide that all development is consistent with the Chula Vista general plan;
7. Provide the City Council the regulatory framework to limit or prevent additional development if certain public
facilities, infrastructure and services meeting the threshold standards set forth in this chapter are not provided
in a timely, phased and logical manner, as required by the General Plan;
8. Control the timing and location of development by tying the pace of development to the provision that public
facilities, infrastructure and services conform to the city's threshold standards, and to meet the goals and
objectives of the Growth Management Program;
9. Promote orderly revitalization and redevelopment of older portions of the city, including the Urban Core and
the commercial corridors;
10. Provide that the air quality of the city of Chula Vista is maintained consistent with applicable standards;
11. Require development to conserve water so that an adequate supply is maintained to serve the needs of
current and future residents.
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Ordinance No. 3339
C. Findings. The city council of the city of Chula Vsta hereby finds:
1. New development creates incremental demands for public facilities, infrastructure and services provided by
the city and other public agencies serving the area;
2. New development demand tor public facilities, infrastructure and services, if not concurrently met with
expansion of public facilities, infrastructure and services,would result in facility and service shortages,
including, but not limited to, streets, schools, libraries and general governmental facilities. These shortages
would be detrimental to the public heaith, safety, and welfare of ihe citizens of Chula vsta;
3. The city has adopted and regularly updates facility master plans to ensure adequate infrastructure and
services will be available to support the build-out demands of the adopted General Plan.
4. Since 1991, the ciry has maintained a growth management ordinance to achieve the"Purpose°outlined in
"A°, above, and has adopted a variety of retated fee and funding programs to ensure thai public improvements
keep pace with growth.
5. Chula vsta's adopted General Plan inGudes provisions requiring facilities and services in advance of, or
concurrent with, growth.
6. Prohibiting or limiting development unless adequate public facilities, infrastructure and services are available
in advance of, or concurrent with, development is consistent with the city's policy to provide housing
opportunities for all economic segments of the community. Development of housing for low-and moderete-
income persons and families would most likely occur in areas of the city that are designated for highest
development priority.
7. Adoption of this chapier will not adversely affect the regional welfare. By providing that adequate and safe
public facilities, infrastructure and services will exist to serve all of the development in Chula vsta, and
because many of these facilities and improvements are used by persons residing in neighboring areas and
cities, the public health, safety and welfare of the whole region is enhanced.
8. This chapter will further the policies set forth above by: a) requiring identification for all public facilities,
infrastructure and services required as a result of development; b) prohibiting or limiting development until
adequate provisions for certain public facilities infrastructure and services are made within the city, as herein
provided; and c)giving development priority to areas of the city where public facilities, infrastructure and
services are already in place. (Ord. 2448 § 2, 1991)
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Ordinance No. 3339
9. The city has influence upon, but not control of, the actions of other public agencies involved in providing
services to the residents of Chula Vista, including school districts and water service purveyors.
19.09.020 Definitions.
Whenever the following terms are used in this chapter, they shall have the meaning established by this section
unless from the context it is apparent that another meaning is intended:
A. "Air Quality Improvement Plan" (AQIP) means a project-specific Air Quality Improvement Plan prepared and
approved in accordance with CVMC 19.09.080, and Appendix A of the Growth Management Program
Implementation Manual.
B. "Available facility and service capacity" shall be determined by the Development Services Director, using
generally accepted planning standards and criteria, including the threshold standards set forth in this chapter.
Specific facility service capacity shall be determined by subtracting from the total capacity for a specific facility
service the demand of existing development plus the demand that will be created by approved development.
C. "Developed areas of the city" means those areas of a predominantly urban character where development
has already occurred and public facilities, infrastructure and services serving that development are in place.
D. "Development" means any land use, building or other alteration of land and construction incident thereto.
E. "Development Services Director"or"Direcror" means the Director of the city's Development Services
Department or their designee.
F. "Discretionary planning approval" means any permit, entitlement or approval issued under the authority of
the zoning and subdivision titles of the Chula Vista Municipa/Code (CVMC), and any legislative actions such
as zone changes, Genera/P/an amendments, Sectional Planning Area (SPA) plans or General Development
Plan approvals or amendments.
G. "External public facilities and services" means the threshold standard topics that pertain to facilities and
services provided from outside the city, such as schools, water and air quality.
H. "Facilities" means any schools, public safety facilities, infrastructure, civic buildings, corporation yards,
park/recreational areas or structures providing for fire, libreries, traffic controls, streets and highways, including
curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities,
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Ordinance No. 3339
sewer facilities, water facilities, lighting facilities or other govemmenial services, required to be identified in a
Public Facilities Finance Plan.
I. "Facility Master Plan"means any adopted master plan for future facility needs for services associated with
the Growth Management Program's threshold standards, including, but not limited to: sewer, drainage, water,
police,fire and emergency services, libraries and parks.
J. "Facility and service capacity"means the maximum amount of development which could take place prior to
increasing the number or size of a facility or the level of service as determined by applying the appropriate
threshold standard.
K. "Growth Management Progrem Implementation Manual' means a plan prepared and approved according to
CVMC 19.09.030. which establishes compliance with the threshold standards, as provided in CVMC 19.09.040
and 19.09.050.
L. "Moretorium° means building permits will not be issued for an area that has been identified as having a direct
causat relationship to a specified threshold standard failure. City council must make specific findings and follow
specific procedures as provided in CVMC 19.09.070.
M. "Project" means the activity for which either an application for a Sectional Planning Area (SPA) plan a
Tentative Map (TM), a Conditional Use Permit (CUP), or a similar activity has been or is required to be
submitted and which may be subject to discretionary approvals by the city.
N. "Public facilities finance plan (PFFP)° means a project specific Public Facilities Finance Plan prepared and
approved in accordance with CVMC 19.09.080 throuqh 19.09.130. and Aooendix C of the Growth Manaaement
Prooram Im�lemenfation Manual.
O. "SPA plan" means a Sectional Planning Area plan, as prescnbed in CVMC 19.48.
P. "Statement of Concem' means an implementation measure the Growth Management Oversight Commission
(GMOC) may issue in its annual repoR: 1)for an external public facilities and services threshold standard, to
highlight what action the city can take in order to solve a specified issue and encourage further or additional
inter-agency cooperation/coordination. There may also be a recommendation for the issuance of
correspondence or a resolution by the city council to the external agency, if the situation so warrants, as
determined by the GMOC; or 2)for a threshold standard that is currently failing or forecasted to fail, and may
include elements dealing with city management and organization, budgei priorities, and responsiveness to
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Ordinance No. 3339
previous GMOC requests; or 3) in response to an overall or general quality of life consideration, irrespective to
whether a particular threshold standard has been exceeded, or if it is a non-growth-related issue. It can offer a
finding or make recommendations regarding city management, organization and budget priorities.
Q. "Substantial compliance" means performance meeting the intent of the parties with respect to the obligations
imposed pursuant to the PFFP. (Ord. 2448§2, 1991).
R. "Threshold standards" means those certain standards identified in CVMC 19.09.040 and 19.09.050
specifying the facilities and services required to support the present and future needs of the city.
S. "Transportation Monitoring Program (TMP)" means the technical analysis of traffic operetion on all urban and
suburban arterials with average weekday traffic volumes greater than 20,000 vehicles per day. The TMP shall
be based on the current Highway Capacity Manual, as may be amended from time-to-time. The technical
analysis shall be conducted annually or as directed by the city council in order to monitor actual traffic
operations and to predict future traffic levels and related deterioration in the level of service.
T. "Water Conservation Plan" means a project-specific water conservation plan prepared and approved in
accordance with CVMC 19.09.080, and Appendix B of the Growth Management Program/mplementation
Manual.
19.09.030 Growth Management Program Implementation Manual.
_.... ........ . .........
A. The city council shall adopt, by resolution, a Growth Management Prog�am /mplementation Manua/that
specifies how the policies and threshold standards set forth in this chapter are to be implemented, and, in so
doing, assure that new development does not occur unless public facilities, infrastructure and services
consistent with the threshold standards are available in advance of, or concurrently with, development.
B. The Growth Management Program Implementation Manua/shall incorporate and interpret the threshold
standards as set forth in this chapter.
C. The Growth Management Program Implementation Manual shall incorporate, by reference, the adopted
facility master plans prepared by certain city departments, and shall address air quality and fiscal issues.
D. The Growth Managemenf Piagram Implementation Manual shall provide procedures for implementing any
limits on building permits established pursuant to CVMC 19.09.070, and address growth-related fiscal and
economic issues.
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Ordinance No. 3339
E. The Growth Management Pragram Implementation Manual shall define the wntents of Public Facilities
Finance Plans (PFFPs)that are required for all development projects pursuant to CVMC 19.09.080.
F. The city council shall appoint a Growth Management Oversight Commission (GMOC), and the GMOC shall
annuaily prepare a report and, upon doing so, the GMOC shall submit such report to the planning commission
for input and recommendation, and to the city council for their action.
G. The city council shall annually review and, by resolution, act upon the Growth Management Oversight
Commission's annual report.
H. Amendmenis to the Growth Management P�gram Implementation Manual may be initiated by action of the
planning commission or city council, or upon request of an applicant. The city council shall act on the requested
appiication. (Ord. 2445 § 2, 1991).
19.09.040 Threshold Standards for City Facilities and Services.
Threshold standards for city facilities and services are those under the direct control of the city, and apply to
eight public facility and services topics, including: Drainage; Fire and Emergency Services: Fiscal; Libraries;
Parks and Recreation; Police; Sewer; and Traffic.
In order to provide that public facilities and services, govemment and other utility services, and improvements
that are adequate to meei present and future needs of the city, the city council hereby adopts threshold
standards for each facility or improvement listed below:
A. Police.
Goal: To maintain and improve the current Ievel of police service in the city of Chula Vsta.
Objective: Ensure that Police staff is adequately equipped and trained to provide police service at the desired
level throughout the city.
Threshold Standards:
1. Priority 1 —Emergency Calls'. Properly equipped and staffed police units shall respond to at least 81%of
Priority 1 ca�ls within 7 minutes 30 seconds and shall maintain an average response time of 6 minutes or less
for ali Priority 1 calis (measured annually).
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Ordinance No. 3339
2. Priority 2—Urgent Calls'. Properly equipped and staff police units shall respond to all Priority 2 calis within
12 minutes or less (measured annually).
'Prioritv 7 —Emerqencv Calls are life-threatenina calls felonv in proqress orobabilitv of iniurv(crime or accidenfl� robberv or panic
alarms uroent cover calls from offcers Resoonse� Immediate response bv two offcers from anv source or assiqnment immediate
resoonse bv oaramedics/fire if iniuries are believed to have occurred .
'Prioritv 2—Urqent Calls are misdemeanor in oroqress oossibilitv of iniurv�serious non-routine calls(domestic violence or other
disturbances with ootential for violencet burqlar alarms Resoonse� Immediate resoonse bv one or more officers from clear unRS or
those on interruotible activities(traffic feld interviews etc.)
Note For arowth manaqement purposes response time includes disoatch and travel time to the buildinq or
site address othenvise referred to as"received to arrive."
Imolementation Measures:
1. Should the GMOC determine that the Priority 1 —Emergency Calls threshold standard is not being met due
to growth impacts, then the city council should, within 60 days of the GMOC's report, schedule and hold a
public hearing to: a) consider adopting a moratorium on the issuance of new building permits; or b) adopt
other actions sufficient to rectify the deficiency(ies).
2. Should the GMOC determine that the Priority 2— Urgent Calls threshold standard is not being met, it may
issue a Statement of Concern in its annual report.
B. Fire and Emergency Medical Services.
Goal: To maintain and improve the quality of f re protection and emergency medical services (EMS) in the city
of Chula Vista.
Objective: Ensure that Fire/EMS staff are properly equipped and trained to provide the desired level of service
throughout the city.
Facility Master Plan: A minimum of every five years, or whenever an update is needed, the city manager shall
bring a fire and emergency medical services master plan to the city council for their consideration. The master
plan shall include provisions for facilities, equipment and deployment.
Threshold Standard:
Emergency Response: Properly equipped and staffed fire and medical units shall respond to calls throughout
the city within 7 minutes in at least 80% of the cases (measured annually).
Note: For growth management purposes, response time includes dispatch, turnout and travel time to the
building or site address.
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Ordinance No. 3339
Impiementation Measures:
1. Should the GMOC determine that the threshold standard is not being met due to growth impacts, and the
Facility Master Plan milestone targets are not being met, then the city council should, within 60 days of the
GMOC's annual report, schedule and hold a public hearing to a) consider adopting a moratorium on the
issuance of building pertnits, or b) adopt other actions sufficient to rectify the deficiency(ies).
2. The GMOC may issue a Statemeni of Concern in its annual report if it determines that the threshold
standard: a) is not being met, but the reason is noi due to growth impacts; or b) is noi being met due to growth
impacts, bui the Facility Master Plan is meeting its milestone targets, in which case the Fire Department will
address the adequacy of the Facility Master Plan.
C. Libreries.
Goal: To provide a high-quality, contemporary library system that meets the varied needs of the community.
Objective: Supplement existing libraries by providing and operating library facilities sufficient to meet the needs
of city residents.
Facility Master Plan: A minimum of every five years, or whenever an update is needed, the city manager shall
bring a libraries master plan to city council for their consideration. The master plan shall define the adequacy
of library facilities and equipment and what constitutes adequate staffing and appropriate hours of operation,
and identify library square footage needs consistent with the threshold standard at build-out.
Threshold Standard: The city shall not fail below the citywide ratio of 500 gross square feet(GSF) of librery
space, adequately equipped and staffed, per 1,000 residents.
Implementation Measures:
1. Should the GMOC determine that the threshold standard is not being met or is expected to fail within three
years (based on forecasted growth and planned improvements), then the city council should,within 60 days of
the GMOC's report, schedule and hold a public hearing to: a)consider adopting a moratorium on the issuance
of new building permits; or b) adopt other actions suff�cient to rectify the deficiency(ies).
2. The GMOC shall be provided with an annual report that documents the appropriate staffing levels,
equipment and operating hours of library facilities over the past year, current year operation, and anticipated
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Ordinance No. 3339
hours of operetion. Should the GMOC determine that the libraries are not adequately staffed, equipped, or are
not maintaining appropriate hours of operation, it may issue a Statement of Concern in its annual report.
D. Parks and Recreation Areas.
Goal: To provide a diverse and flexible park system that meets both the active and passive recreational needs
of the citizens of Chula Vista.
Objective: Provide public park and recreational opportunities in a timely manner, implementing a 5-year master
plan, which describes the location, facility improvements and funding program for proposed neighborhood and
community parks.
Threshold Standard: Population ratio-Three acres of neighborhood and community park land with appropriate
facilities per 1,000 residents east of I-805.
Implementation Measures:
Should the GMOC determine that the Threshold Standard is not being satisfed, then the City Council shall
formally adopt and fund tactics to bring the park and recreation system into conformance. Construction or other
actual solution shall be scheduled to commence within three years.
If construction of needed new park and recreation facilities is not started within three years of the defciency
reported by the GMOC, then the City Council shall, within 60 days of the GMOC's report, schedule and hold a
public hearing for the purpose of adopting a moratorium on the acceptance of new tentative map applications,
based on all of the following criteria:
1. That the moratorium is limited to an area wherein a causal relationship to the problem has been established;
and,
2. That the moratorium provides mitigation measure to a specifically identified impact.
Should a moratorium be established, the time shall be used to expeditiously prepare specific mitigation
measures for adoption, which are intended to bring the condition into conformance. Any such moratorium shall
be in effect until construction of the needed new park and recreation facilities has commenced.
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Ordinance No. 3339
E. Sewer.
Goal: To provide a healthful and sanitary sewer collection and disposal system for the residents of the city of
Chula Vsta, consistent with the city's Wastewater Master Plan.
Objective: Individual projects will provide necessary improvements consistent with ciry engineering standards.
Treatment capacity should be acquired in advance of demand.
Threshold Standards:
1. Existing and projected facility sewage flows and volumes shall not exceed city engineering standards for the
current system and for budgeted improvements, as set forth in the Subdivision Manual.
2. The city shall annually ensure adequate contracted capacity in the San Diego Metropolitan Sewer Authority
or other means suffcient to meet the projected needs of development.
Implementation Measures:
1. The city engineering department shall annually gather and provide the following information to the GMOC:
a.Amount of current capacity in the Metropolitan Sewer System now used or committed and the status of
Chula vsta's contracted share;
b. Ability of sewer facilities and Chula Vista's share of the Metropolitan Sewer System's capacity to absorb
forecasted growth over the next five years;
c. Evaluation of funding and site availability for budgeted and projected new facilities; and
d. Other relevani information.
2. Should the GMOC determine that a potential problem exists with meeting the projected needs of
development with respect to sewer, it may issue a Statement of Concern in its annual report.
F. Drainage.
Goal: To provide a safe and efficient storm water drainage system to protect residents and property in the city
of Chula�lsta.
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Ordinance No. 3339
Objective: Individual projects will provide necessary improvements consistent with current city engineering
standards and local, state and federal regulations.
Threshold Standards:
1. Storm water flows and volumes shall not exceed city engineering standards and shall comply with current
local, state and federal regulations, as may be amended from time to time.
2. The GMOC shall annually review the performance of the city's storm drain system, with respect to the
impacts of new development, to determine its ability to meet the goal and objective for drainage.
Implementation Measures:
1. Should the GMOC determine that the threshold standards are not being met, with respect to new
development, then the city manager should present to the city council, for their consideration, a plan of action
that includes timing benchmarks and a finance plan that will bring the storm drain system into conformance.
Construction or other actual solution shall be scheduled to commence within three years.
2. Should the GMOC determine that the threshold standard is not being met, with respect to existing
development, it may issue a Statement of Concern in its annual report.
G. Traffic.
Goals:
1. To provide and maintain a safe and efficient street system for all modes of transportation within the city of
Chula Vista.
2. To accurately determine existing and projected levels of service (LOS)for motorists, using the Highway
Capacity Manual (HCM) performance measurement methodology.
3. To recognize the unique nature of urbanizing neighborhoods as destinations, and to establish a
commensurate street classification and LOS threshold that encourages alternative modes of transportation,
such as public transit, biking and walking.
4. To maintain a level of service value that represents an acceptable level of traffic flow under constrained
operating conditions during peak periods of traffc activity.
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Ordinance No. 3339
Objectives:
t. Ensure timely provision of adequate local, multi-modal circulation system capacity in response to planned
growth, and mainiain acceptable levels of service.
2. Plan, design and construct new roadway segments and signalized intersections to maintain acceptable LOS
standards at build-out of the General Plan's"Land Use and Transportation ElemenY.
3. Plan, design and construct bicycle and pedestrian infrastructure improvements pursuant to the most current
Bikeway Master Plan and Pedestrian Master Plan.
Threshold Standards:
1. ARerial Level of Service (ALOS)for Non-Urban Streets: Those Traffic Monitoring Program (TMP) roadway
segments classified as other than Urban Streets in the "Land Use and Transportation ElemenY of the city's
General Plan shall maintain LOS "C'or better as measured by observed average travel speed on those
segments; except, that dunng peak hours, LOS "D" can occur for no more than two hours of the day.
2. Urban Street Level of Service (ULOS): Those TMP roadway segments classified as Urban Streets in the
"Land Use and Transportation ElemenY of the city's General Plan shall maintain LOS "D" or better, as
measured by observed or predicted average travel speed, except that during peak hours, LOS"E°can occur
for no more than two hours per day. Notes to Standards:
1. Arterial Segment: LOS measurements shall be for the average weekday peak hours, exGuding seasonal
and special circumstance variations.
2. The LOS measurement of arterial segments at freeway ramps shall be a growth management consideration
in situations where proposed developments have a significani impact at interchanges.
3. Circulation improvements should be implemented prior to the anticipated deterioration of LOS below
established siandards.
4. The criteria for calculating arterial LOS and defining aRerial lengths and Gassifications shall follow the
procedures detailed in the most recent Highway Capacity Manual (HCM) and shall be confirmed by the city's
traffic engineer.
5. Level of service values for arterial segments shall be based on ihe HCM.
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Ordinance No. 3339
Implementation Measures:
1. Should the GMOC determine that the threshold standard are not being met, due to growth impacts, then the
city council can, within 60 days of the GMOC's report, schedule and hold a public hearing to consider
adopting: a) a moratorium on the acceptance of new building permits, or b) other actions sufficient to rectify the
deficiency(ies).
2. The GMOC may issue a Statement of Concern in its annual report if it determines that the threshold
standard will likely not be met within three years, due to growth impacts.
3. The Department of Public Works shall annually report on progress made in implementing construction of
facilities listed in the Bikeway Master Plan, Pedestrian Master Plan, the Transportation Development Impact
Fee Program (TDIF), and the Westem TDIF.
Monitoring Methodology
1. Identify all Traffic Monitoring Program (TMP) corridors and classify according to the latest Highway
Capacity Manual (HCM) methodology. Typically, a TMP roadway is four lanes with a volume of 16,500
trips and at least one mile and a half in length. If the Average Daily Trip (ADT)-based level of service
is"C" or worse on a street segment located within a city TMP corridor, then the city shall consider
conducting a TMP measurement. ADT volume data shall not be older than two years.
2. A TMP measurement shall consist of a two-hour AM peak period measurement, a two-hour mid;day
period measurement, and a two-hour PM peak period measurement.
3. TMP measurement shall be conducted by following the current protocol in the latest adopted HCM.
4. Any speed collection and volume data methodology that utilizes the latest technology consistent with
HCM protocol can be used in obtaining arterial LOS, subject to approval by the city's traffic engineer.
H. Fiscal.
Goal: To implement land uses and activities that generate an adequate tax and revenue base that meets the
economic needs of the residents of the city of Chula Vista, with new project development providing self-
fnancing of capital projects.
Objectives:
1. Monitor the impacts of growth on the city of Chula Vista's fiscal well-being, considering both operating and
capital improvement costs and revenues.
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Ordinance No. 3339
2. Monitor and update the effectiveness of the development impact fee programs, considering the appropriate
and timely use of such funds.
3. Monitor and update the effectiveness of various public facility master plans to ensure adequate funding will
be available to meet the demands of growth.
Threshold Standards:
1. Fiscal Impact Analyses and Public Facilities Financing Plans, at the time they are adopted, shall ensure that
new development generates sufficient revenue to offset the cost of providing municipal services and facilities to
that development.
2. The city shall establish and maintain, at sufficient levels to ensure the timely delivery of infrastructure and
services needed to support growth, consistent with the threshold standards, a Developmeni Impact Fee, capital
improvement funding, and other necessary funding programs or mechanisms.
Implementation Measures:
1. Use Fiscal impact Analyses (FIA) and Public Facility Financing Plans (PFFPs)to evaluate and ensure that
new development requiring the preparation of a SPA plan, or equivalent, pursuant to CVMC 19.09.040 and
19.48, contribute to the city's fiscal well-being by generating revenues and related economic activity that, at a
minimum, offset the cost of providing municipal services for the new development.
2. The GMOC shall be provided with an annual fiscal impact repoR that provides an evaluation of the impacts
of growth on the city in terms of operations and capital improvements. This report should evaluate actual
growth over the previous 12-month period, as well as projected growth over the next 5-year period.
3. The GMOC shall be provided with an annual "developmeni impact fee report,°which provides an analysis of
development impact fees collected and expended over the previous 12-month period and projected for
expenditure for projects included within the DIF programs.
19.09.050 Threshold Standards for External Facilities and Services.
A. Air Quality and Climate Protection.
Goal: To maintain and improve the ambient air quality enjoyed by the residents of Chula Vista.
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Ordinance No. 3339
Objectives:
1. In an effort to address the impacts of transportation and building-related energy use at both the regional and
local level, the city shall endeavor to implement applicable air quality improvement strategies and programs
that meet or exceed those established through the current adopted Regional Air Quality Strategy (RAQS),
California's Global Warming Solutions Act of 2006 (AB32), and the Chula Vista Climate Protection Program.
2. In an effort to maintain and improve ambient air quality, the city shall endeavor to locally mitigate any new
stationary source development project's criteria air pollutant emissions that exceed local air quality standards.
Threshold Standard:
The city shall pursue a greenhouse gas emissions reduction target consistent with appropriate city climate
change and energy efficiency regulations in effect at the time of project application for SPA plans or for the
following, subject to the discretion of the Development Services Director:
a. Residential projects of 50 or more residential dwelling units;
b. Commercial projects of 12 or more acres (or equivalent square footage);
c. Industrial projects of 24 or more acres (or equivalent square footage); or
d. Mixed use projects of 50 equivalent dwelling units or greater.
Implementation Measures:
t. In order to determine compliance with the air quality and climate protection threshold standard, city staff
shall provide the GMOC with an annual report that evaluates the city's progress toward adherence with
relevant federal, state, regional, and local air quality improvement strategies, regulations, and programs. The
report shall include the following:
a. An overview and evaluation of local development projects approved during the prior year identifying
compliance levels and progress towards meeting the air quality and climate protection threshold standard.
b. An assessment of whether the greenhouse gas emissions reduction levels should be revised based on
updated state and federal standards, as applicable.
c. Additional information on non-development activities being undertaken by the city that contribute to meeting
or fuRhering the air quality and climate protection threshold standard, including the city's most recent
greenhouse gas emissions inventory.
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Ordinance No. 3339
2. After the city prepares an annual evaluation report, it shall provide a copy of the repoR to the Air Pollution
Control District(APCD) for its response. The APCD should provide the city with a report on overall regional
and local air quality conditions, the status of regional air quality improvement implementation efforts under the
Regional Air Quality Strategy and related federal and state programs, and the effect of those efforts/programs
on the city of Chula vsta and local planning and development activities.
3. Should the GMOC determine that a deficiency exists with respect to any of the above air quality and climate
protection implementation measures, either Iocaliy, regionally or both, it may issue a Siatement of Concem in
its annuai report.
B. Schools
Goal: To ensure that the Chula Vista Elementary School District(CVESD) and Sweetwater Union High School
District(SUHSD) have the necessary school sites, infrasVucture and funding mechanisms to meet the needs of
students in new development areas in a timely manner.
Objective: Provide school district personnel with current development forecasts so that they may plan and
implement school building and/or allocation programs in a timely manner.
Facility Master Plan: The GMOC will request updates of the school districts'facility master plans or equivalent
documents that define ihe schools' essential facility needs necessary to provide adequate physical
accommodation.
Threshold Standard:
The city shall annually provide the Chula vsta Elementary School District (CVESD) and the Sweetwater Union
High School District(SUHSD)with the city's annual 5-year residential growth forecast and request an
evaluation of their ability to accommodate forecasted growth, both citywide and by subarea. Replies from the
school districts should address the following:
1. Amount of current classroom and"essential facility° (as defined in the Facility Master Plan)capacity now
used or committed;
2. Ability to absorb forecasted growth in affected facilities and identification of whai facilities need to be
upgraded or added over the next five years;
3. Evaluation of funding and site availability for projected new facilities identified; and
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Ordinance No. 3339
4. Other relevant information the school district(s) desire(s)to communicate to the city and the Growth
Management Oversight Commission (GMOC).
Implementation Measure:
Should the GMOC determine that a capacity problem exists with respect to physically accommodating
students, either currently or within the neut fve years it may issue a Statement of Concern in its annual report.
The annual report shall be provided to both school districts, with follow-up, to assure appropriate response.
C. Water
Goal: To ensure that adequate supplies of potable and recycled water are available to the city of Chula Vista.
Objectives:
1. Ensure that adequate storage, treatment and transmission facilities are constructed concurrently with
planned growth.
2. Ensure that water quality standards requirements are met during growth and construction.
3. Encourage diversification of water supply, conservation and use of recycled water where appropriate and
feasible.
Threshold Standards:
1. Adequate water supply must be available to serve new development. Therefore, developers shall provide
the city with a service availability letter from the appropriate water district for each project.
2. The city shall annually provide the San Diego County Water Authority, the Sweetwater Authority and the
Otay Municipal Water District with the city's annual 5-year residential growth forecast and request that they
provide an evaluation of their ability to accommodate forecasted growth. Replies should address the following:
a. Water availability to the city, considering both short- and long-term perspectives.
b. Identify current and projected demand, and the amount of current capacity, including storage
capacity, now used or committed.
c. Ability of current and projected facilities to absorb forecasted growth.
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Ordinance No. 3339
d. Evaluation of funding and site availability for projected new facilities.
e. Other relevant information the district(s) desire to communicate to the ciry and the Growth
Management Oversight Commission (GMOC).
Implementation Measure:
Should the GMOC determine that a current or potential problem exists with respect to water, it may issue a
Statement of Concem in its annual report.
19.09.060 Amendments and Supplemental Threshold Standards.
These standards may be amended from time to time on approval by the city council. (Ord. 2860§§ 1, 2, 2002;
Ord. 2859§ 1, 2002; Ord. 2748 § 3, 1999; Ord. 2486§ 1, 1991; Ord. 2448 § 2, 1991).
19.09.070 Moratorium on Building Permits Allowed
A. Imposing Temporary Limits on Building Permits
The city council may, by ordinance, impose a limit on building permits for construction of residential and/or non-
residential development after making specific findings as to the health, safety and welfare concems of
continued development, as set forth in "B' below.
B. Findings Required
Prior to adopting an ordinance imposing a limit on building permits, the city council shall consider making one
or more of the following findings:
1. That continued development will make it unlikely for the intent of the Growth Management Program to
be achieved, as expressed by the "Growth Management ElemenY of the General Plan and this
chapter.
2. That continued development will cause deterioration of the city's quality of life, and compromise the
health, safety and welfare in the city of Chula Vsta.
3. That continued development will strain the city's fiscal resources an ability to deliver high quality
services to all its residents.
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Ordinance No. 3339
C. Procedures for Implementing Limits on Building Permits.
If the city council makes the necessary required f ndings to impose a limit on building permits, then it shall
adopt an ordinance that specifies;
1. Area where the moratorium applies;
2. Duration of the moratorium (when it begins and ends);
3. Any exemptions or exceptions or conditions. These shall be consistent with the overall objectives
of the city action and broader land use policy. Exemptions could include "affordable" housing units
(units sold or rented at below market rates to meet the city's Housing Element requirements).
Exceptions might include units that have been allocated as part of a separate agreement(e.g., a
development agreement);
4. Any conditions that would allow the moratorium to be lifted prematurely; and
5. How the building permits shall be allocated.
19.09.080 Requirement for Public Facilities Finance Plans (PFFP), Air Quality
Improvement Plans, and Water Conservation Plans.
_ _ ___ _..... .......... . _....... __._.. ._._.......
A. Public Facilities Financing Plans.
No application for a SPA plan, or, if an SPA plan is not required, no application for a Tentative Map, shall be
deemed complete or accepted for review unless:
1. It is accompanied by a PFFP which has been approved by the city; or
2. A PFFP„that includes the project, has already been initiated; or
3. The applicant initiates the preparation of a PFFP.
The PFFP may be waived by the city council upon a showing that there are no public facilities, infrastructure
and service needs warranting the preparation of a PFFP.
B. Air Quality Improvement Plans. No application for a SPA plan, or, if an SPA plan is not required, no
application for a Tentative Map,shall be deemed complete or accepted for review unless:
1. It is accompanied by an Air Quality Improvement Plan that has been approved by the city; or
2. An Air Quality Improvement Plan that includes the project, has already been initiated; or
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Ordinance No. 3339
3. The applicant initiates the preparation of an Air Quality Improvement Plan in such form and/or containing
such information, including maps, drawings, diagrams, etc., as the city Development Services Director
shall require.
The required contents of an Air Quality Improvement Plan are outlined in Appendix A of the city's Growth
Management Implementation Manual, as may be amended from time to time.
C. Water Conservation Plans. No application for a SPA plan, or, if a SPA plan is not required, no application for
a Tentative Map shall be deemed complete or accepted for review unless:
1. It is accompanied by a Water Conservation Plan thai has been approved by the city; or
2.A Water Conservation Plan, that includes the project, has already been initiated; or
3. The applicant initiates the preparation of a Water Conservation Plan in such form and/or containing such
information, inGuding maps, drawings, diagrams, etc., as the city Development Services Director shall
require.
The required contents of a Water Conservation Plan are ouilined in Appendix B of the city's Giowth
Management Implementation Manual, as may be amended from time to time.
D. No SPA plan, nor any Tentative Map, shall be approved, or deemed approved,without an approved PFFP,
an approved Air Quality Improvement Plan and an approved Water Conservation Plan. To provide consistency
and implementation of said plans, the city council may impose any condition to the approval of a SPA plan or
Tentative Map necessary to implement the PFFP, the Air Quality Improvemeni Plan, the Water Conservation
Plan, the Growth Management Program, or the Facility Master Plans.
E. No Final Map shall be approved until all the conditions of the PFFP, the Air Quality Improvement Plan and
the Water Conservation Plan have been met, or the project applicant has provided adequate security to the city
that said plans will be implemented.
F. No other discretionary pfanning approvals shall be granted unless the city council fnds that the project is
consistent with an approved PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan.
G. No building permit shall be issued uniess the permit is consistent with any applicable PFFP, the Air Quality
Improvement Plan and the Water Conservation Plan and alt applicable fees, including, but not limited to,
development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees,water fees, or
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Ordinance No. 3339
other development fees adopted by the city council, have first been paid or provision for their payment has
been made to the satisfaction of the city council.
H. No development shall occur in a PFFP area if the demand for any public facilities, infrastructure and
services exceeds capacity and it is not feasible to increase capacity prior to completion of development unless
the means, schedule and financing for increasing the capacity are established through the execution of a
binding agreement providing for installation and maintenance of such facilities or improvements in advance of
the city's phasing schedule. (Ord. 2790, 1999; Ord. 2448 §2, 1991).
19.09.090 Public Facilities Finance Plan (PFFP) Contents.
A. The required contents of a Public Facilities Finance Plan (PFFP), including a fiscal impact analysis, are
outlined in Appendix C of the city's Growth Management Program Imp/ementation Manual, as may be
amended from time to time. The fscal analysis/economic impact report shall be provided for each proposed
project and the project shall be conditioned to provide funding for periods where expenditures exceed projected
revenues.
19.09.100 Public Facilities Finance Plan (PFFP) Preparation.
_..._.__.__ _ —.......
A. A PFFP, an Air Quality Improvement Plan, and a Water Conservation Plan may be processed concurrently
with the SPA plan or Tentative Map.
B. A PFFP may be initiated by fling an application with the Development Services Director. The applicant shall
pay a deposit at the time any application for a PFFP is accepted.
C. A PFFP for a project shall be prepared by the city, or a consultant selected by the city, according to the
procedures established by this chapter.
D. The cost of PFFP preparation shall be advanced to the city by the applicant and any participating owner or
owners prior to PFFP preparation. (Ord. 2790, 1999; Ord. 2448 §2, 1991).
19.09.110 Public Facilities Finance Plan (PFFP) Review.
____..... _ -
A. PFFPs shall be reviewed according to the following procedure:
1. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount
established by city council resolution, may be submitted to the Development Services Director for processing.
If the Development Services Director determines that the plan complies with the provisions of this chapter, the
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Ordinance No. 3339
Director shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions
of this chapter, it shall be set for public hearing before the planning commission together with the
accompanying development plan.
2. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing
recommendations on the PFFP shall be prepared and fumished to the pubiic, the applicant, and the planning
commission prior to the hearing.
3. The planning commission shall hear and consider the application and shall by resolution prepare
recommendations and findings for the city council. The action of the commission shall be filed with the city
clerk, and a copy shall be mailed to the applicant.
4. When the planning commission action is filed with the city clerk, the Gerk shall set the matter for public
hearing before the city council. The hearing shall be noticed according to the provisions of CVMC 19.12.070.
5. The city council shall hear the matter, and after considering the findings and recommendations of the
planning commission, may approve, conditionally approve, or deny the plans. The city council may include in
the resolution adopting the PFFP any fees or facilities improvement requirements provided for in city
ordinances in order to implement the Growth Management Program, the facility master plans and the PFFP.
6.A PFFP may be amended following the same procedures for the original adoption. (Ord. 2790, 1999; Ord.
2448§ 2, 1991).
19.09.120 Public Facilities Finance Plan (PFFP) Implementation.
A.The Development Services Director shall ensure that PFFPs are prepared for afi SPA plans and Tentative
Maps, or equivalent projects pursuant to CVMC 19.48.
B. In the event that the Development Services Director or his designee finds that the project is not in substantial
compliance with the PFFP as modified or amended, the developer may be deemed to be in default and
continued issuance of building or deve�opment permits may be affected. (Ord. 2448 § 2, 1991).
19.09.130 Public Facilities Finance Plan (PFFP) Amendment.
A. Adoption of a PFFP does not establish any entitlement or right to any paRicular general plan or zoning
designation or any particular development proposal.
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Ordinance No. 3339
B. If the Development Services Director, pursuant to CVMC 19.09.110, determines that facilities or
improvements within a PFFP are inadequate to accommodate any further development within that area, then
development shall cease or be metered until a remedy is implemented. If the Development Services Director
determines that such events or changed circumstances adversely affect the health, safety or welfare of the city,
the city may require the amendment, modification, suspension, or termination (hereinafter"change") of an
approved PFFP. If the city requires such change, the city shall (1) give notice to applicant or owner of(a)the
city's intended action to change the PFFP, and (b)the reasons and factual basis for the city's determination; (2)
give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the
hearing; and (3) hold a city council hearing on the determination, at which hearing the applicant or owner shall
have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the
city shall f nd that (i) the circumstances were unknown or that the circumstances have changed; and (ii)the
health, safety or welfare of the community requires the change of the PFFP. This provision shall neither limit
nor expand the rights of liabilities of either of the parties with respect to the PFFP or the development of the
property.
If, after notice and hearing, the council determines that a deficiency exists, then no further building or
development permits shall be issued within the affected area and development shall cease until an amendment
to the applicable PFFP mitigating the defciency is approved by the city council.
C. The city council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an
amendment is necessary to provide adequate facilities and improvements and subsequent permits will be
conditioned on conformance. (Ord. 2448 § 2, 1991).
19.09.140 Exceptions and Exclusions.
A. Exceptions. Nothing in this chapter shall alter or amend the terms and conditions of any development
agreement entered into between the city and a developer.
B. Exclusions. Development projects which consist of facilities or structures constructed by a city, county,
special district, state, or federal government or any agency, department, or subsidiary thereof for governmental
purposes are excluded from the provisions of this chapter. To the extent that the city has authority to regulate
such development projects, such projects shall not be exempt. For example, any private development
occurring on land leased from a public agency would not be exempt. This exclusion shall not apply to
development projects to which a possessory interest tax would be applicable. (Ord. 2448§2, 1991).
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Ordinance No. 3339
19.09.150 Extensions of Prior Approvals.
After approval of an applicable PFFP for a development project, an extension of the expiration date of a
Tentative Map may only be granted if the project is in conformance with the PFFP and the Growth
Management Program. The extension may be conditioned on such matters as the city deems appropriate or
necessary to make the Tentative Map conform to the PFFP and the Growth Management Program, including,
but not limited to, requiring the developer to submit any information, studies, plans and diagrams to show
compliance with the applicable PFFP. (Ord. 2448§2, 1991).
19.09.160 Obligation to Pay Fees_or Install Facilities Required by Any Other Law.
Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement
to provide public facilities, to dedicate property or to pay fees,which requirement is imposed pursuant to this
title or pursuant to any city council policy. (Ord. 2448 § 2, 1991).
19.09.170 Implementing Procedures.
The city council may adopt any procedures it deems necessary to implement this chapter, including procedures
for administering the Growth Management Program or facility master plans. (Ord. 2448 §2, 1991).
19.09.180 Council Actions, Fees, Notice.
A.Whenever this chapter requires or permits an action or decision of the city council,that action or decision
shall be accomplished by resolution and/or ordinance, as appropriate.
B. The city council shall establish application and processing fees for the submission and processing of Public
Facilities Financing Pians (PFFPs).
C.Whenever written notice is required to be given to property owners under this chapter, the notice shall be
mailed by first class mail to the owners shown on the last equalized assessment roll. (Ord. 2448§2, 1991).
19.09.190 Severebility.
If any section, subsection, sentence, clause or phrese of the ordinance codified in this chapter 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 the ordinance codified in this chapter. The city council
declares that it would have passed the ordinance codified in this chapter, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any part thereof be declared invalid or
unconstitutional. (Ord. 2448 § 2, 1991).
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Ordinance No. 3339
19.09.200 Facility Master Plans.
The city shall maintain a series of facility master plans, as may be amended from time to time, for infrastructure
and services throughout the city that regard the threshold standards in this chapter, including, but not limited to,
police, fire and emergency services, libreries, parks and recreation, wastewater, drainage and circulation. In
anticipation of service demands, these master plans shall contain an analysis of existing facilities, existing and
projected demand, and proposed maintenance and capital improvement projects. They shall also identify
financing plans to accomplish identified improvements.
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