HomeMy WebLinkAboutItem 3 - Attachment 2 - Ordinance - StrikeOut-Underline VersionATTACHMENT 2 — Strike - out /Underline Version
Chapter 19.09
GROWTH MANAGEMENT
Sections:
19.09.010 Purpose/ and +Intent Policies and Findings.
19.09.020 Definitions,
19.09.030 Growth mManagement pProgram Implementation Manual.
19.09.040 Quality of life tThreshold sStandards for City Facilities and
19.09.0560
19.09.0670 Moratorium on Building rermRS Hnoweg �_"
19.09.07-80 Requirement for - Public #Facilities #Finance
Plans and Water Conservation Plans 1
19.09.0690 — Public #Facilities #Finance pPlan (PFFP)C
19.09.01900 Public #Facilities #Finance pPlan PFFP
,.
19.09.1010 Public #Facilities €Finance pPlan (PFFP)F
19.09.14-20 Public Facilities Finance Plan (PFFP) Imp
19.09.1330 Public Facilities Finance Plan (PFFP) Am
19.09.1340 ' Exceptions and Exclusions.
Implementing ProceduresSeveFaNii .
Council Actions, Fees. Notice.
19 090 200 Facility Master Plans.
1
19.09.010 Purpose /�flntent Policies and Findings.
A. it is the PGIOGY ef the GitY ef Chula Vista toPurpose/Intent
The purpose and intent of this chapter is to: 1) Implement the policy framework established by Chula Vista's
General Plan for Chula Vista's Growth Management Program: 2) Codify threshold standards designed to
1 Provide that public facilities infrastructure'and services meet the threshold standards set forth in this
support the residential areas of the city;
45. Balance the regional housing needs of o the Tagainst the public service needs of Chula Vista residents
and available fiscal resources, arm environmental constraints, sand quality of life considerations;
56. Provide that all development is consistent with the Chula Vista general plan;
67. Limit or azprevent grewt #additional development unless c'°.;:: °'.e if public facilities, infrastructure and
servic are not provided in a timely'
phased and logical manner#asb+erF, as required by the gGeneral pPlan;
8. Control the timing and location of development by tying the pace of development to the provision efthat
public facilities, infrastructure and services improvements 4G-conform to the city's threshold standards, and to
meet the goals and objectives of the gGrowth mManagement pProgram;
the commercial corridors;
810. Provide that the air quality of the city of Chula Vista is maintained consistent with app
standards' ;
811. Provide that the Gity of Chula Vista Require development to conserves water so that an adequate supply
isbe maintained to serve the needs of current and future,,residents.
SC. Findings. The city council of the city of Chula Vista 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;
3
2 New development demand for 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 health safety, and welfare of the citizens of Chula Vista;
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.
171
11 A11
keep pace with growth.
concurrent with,growth.
36. Prohibiting new -or limiting development unless adequate public facilities- infrastructure and services are
available in advance of, or concurrently with, development is consistent with the city's policy to provide housing
opportunities for all economic segmentssesters. of the community, because sufficient opportunities for new
housing continue to exist within the city, and this chapter does not affect the number of houses which may be
built. In addition, development of housing for low- and moderate- income persons and families would most likely
occur in areas of the city thatw#ish are designated for highest development priority.
47. Adoption of this chapter will not adversely affect the regional welfare. By providing that adequate and safe
public faci
will exist to serve all of the development in Chula
Vista, 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.
4
68. This chapter will further the policies_, goals and objeGtives set forth above, a d will h °I^ °!iFniRat.° the ^ "h''^
f., •li+ shortages identified above, by_ requiring identification for ef-all public facilities, infrastructure and
services ' required feF-as a result of development; b1by- prohibiting or limiting development until
adequate provisions for the public facilities infrastructure and services 'm ° ^t, are made within the city,
as herein provided- _jby- giving development priority to areas of the city where public facilities
infrastructure and ►' ^services are already in place. (Ord. 2448 § 2, 1991)
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 i
A. "Air
07
Implementation Manual.
B. "Available facility and service capacity" shall be determined by the d+reGtGF of Development Services
Directorplaaalag, using generally accepted planning standards and criteria, including the threshold standards
set forth in this chaptere 6tabloshe-d h-reri n. Specific facility service capacity shall be determined by subtracting
Y
from the total capacity fora , specific facility service the demand of existing development plus the demand that
will be created by
43C.
rvina that development are in
D. °Development" means any land use, building or other alteration of land and construction incident thereto.
Department or their designee.
CF. "Discretionary planning approval' means any permit, entitlement or approval issued under the authority of
the zoning and subdivisionthls titles of the Chula Vista Municipal Code (CVMC), and any legislative actions
such as zone changes, gGeneral pPlan amendments, sSectional pPlanning aArea SPA plans or gGeneral
dDevelopment pPlan approvals or amendments.
5
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.
13H. "Facilities" means any schools, public safety facilities, infrastructure, civic buildings I corporation
yards, er-park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways,
including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be
identified in a pPublic fFacilities fFinance p !Ian.
's th
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.
FK. "Growth mManagement pProgram 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.
GM. "Project' means the activity for which either an application for a sSectional pPlanning aArea (SPA) plan, or
a Jentative,.n}Map (TM) WConditional 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 pPublic fFacilities (Finance pPlan prepared
and approved in accordance with CVMC 19 09.0580 through 19.09.130 and Appendix C of the Growth
Management Program Implementation Manual.
d0. "SPA plan" means a sSectional pPlanning aArea plan as prescribed in CVMC 19.48.
P "Statement of Concern" means an implementation measure the Growth Management Oversight Commission
(GMOC) may issue in its annual report: 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
A * -innrl ha +ho (- hArlr• nr 9% fnr n thrachnlrl ctnnriarrl that is ni lrrPntly failing or forecasted to fail. and
if it
KQ. "Substantial compliance" means performance meeting the intent
obligations imposed pursuant to the PFFP. (Ord. 2448 § 2, 1991
R.. "Quality ef life thFe6hold standafdsLojhreshold standards") means
CVMC 19.09.040 and 19.09.050 specifying the facilities'and services rE
needs of the city.
with respect to the
in standards identified in
to support the present and future
- i. �UMMU M.LT r-
'
.T.Tll�lt:Mi:T.7NUMM M It
VA
The city council shall adopt, by resolution, a
Growth Management Program Implementation Manual 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 ggrowth mManagement perogram Implementation Manual witlshall incorporate and interpret the
�s
threshold standards as set forth in this chapter
C. The gGrowth mManagement pErogram Implementation Manual willshall i
adopted facility master plans
well alse shall address air quality and eseRereisfiscal issues.
D. The g jowth mManagement pBrogram Implementation Manual ,
related fiscal and economic issues.
€F. The city coundshall appoint °a gGrowth rManagement oOversight cCommission (GMOC), and the GMOC
aR areal report and, upon doing
so, taGMOC shall submit such report to the planning commission for input and recommendation, and to the
city
€G. The city council should annually review and, by resolution, act upon the gGrowth mManagement
oOversight sCommission's annual report.
GH. Amendments to the gGrowth mManagement pErogram 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 application. (Ord. 2448 § 2, 1991).
8
19.09.040 Threshold sStandards 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.
provide police service at the desired level throughout the city.
Threshold Standards:
1. Priority 1 — Emergency Calls'RespGnse. Property equipped and staffed police units shall respond to at least
81 % persen of "Priority 19ne" emergeasy calls within > eyeP7 minutes 30 seconds and shall maintain an
average response time of 6 minutes or less for te-all "Priority 1 calls GR
site address, otherwise referred to as "received to arrive."
Implementation Measures:
1. Should the GMOC determine that the Priority 1 — Emergency Calls Tthreshold standard is not being
satasfiedmet due to growth impacts, then the Gcity Gcouncil sha4should; within 60 days of the GMOC's report,
D
schedule and hold a public hearing to_fer- perflese eta) consider adopting a moratorium on the
aGGeptaRGe of new tentative map appliGati issuance of new building permits: or b) adopt other actions
sufficient to rectify the deficiency(ies).
a
Threshold Standard:
Emergency Response`. Properly equipped and staffed fire and medical units shall respond to calls throughout
the -city within 7 1 inutes inat least 80% of the cases (measured annually).
Implementation Measures:
1. Should the GMOC determine that the Tthreshold Sstandard is not being met due to -growth
impactssatisfied, and the Facility Master Plan milestone targets are not being met, then the Gcity Gcouncil
shallshould, within 60 days of the GMOC's annual report, schedule and hold a public hearing to a fGr-t
PUrpese consider adopting a moratorium on the
10
Of Oho f„'I„k.,;A9 Griter;,:issuance of building permits, or b) adopt 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: a) is not being met but the reason is not due to growth impacts or b) is not being met due to growth
impacts but the Facility Master Plan is meeting its milestone targets, in which case the Fire Department will
address the adequacy of the Facility Master Plan.
Goal: To provide a high= quality, contemporary library system thavv� meets the varied needs of the
community.
Threshold Standard: PepulatieR Fatie� 500 square feet (gFGss) of adequately equipped and 6taffed library
The city shall ,
eve'r thp 1, ine 30, 2000, GSF= total, iR the area east Gf interstate 905 by buildeut. The GonstruGtioR A-f
not fall below the city -wide ratio of 500 gross square feet (GSF)
per 1,000 pepwlatiGR. Library faGilities are to be of library space, adequately equipped and staffed, per 1,000
population.
11
Implementation Measures:
1. Should the GMOC determine that the Tthreshold Sstandard is not being met° or is expected to
fail within three years (based on forecasted growth and planned improvements), then the Gcity managerCeansil
should present to city council, for their consideration, a plan of action,
which includes timing benchmarks and a finance plan that will bring the library system into conformance.
hou
D. Parks and Recreation Afeas.
Goal: To provide a diverse and flexible
recreational; needs of the nitizensresi dent
meets both the active and passive
Objective: Provide public park and recreational opportunities in a timely manner, implementing a 5-yeaf
facility master plan, whiGhplan that describes the location, facility improvements, operational policies and
funding program for proposed;,, ublic parks and recreation facilities.
mum of every five
Threshold
I for their consi
1. : Three acres of neighborhood and Gemmunffitypgblic park land, with appropriate
facilities, shall be provided per 1,000 residents for new development, citywideeast of 1-805.
2. Park demand created by new development in Chula Vista west of Interstate 805 shall be met by new
park facilities in Chula Vista west of Interstate 805.
12
Implementation Measures:
1. Should the GMOC determine that the Tthreshold Sstandards +care not being metsa#isfd, then the
Ccity managerCeuasit sha4should present to the city council, for their consideration, a plan of action that
includes timing benchmarks and a finance plan that will fbanally adopt and fund taGtOGS te bring the parks and
recreation system into conformance.
within three "care.
2. If construction of needed new park and recreation facilities is not started within three years of?the
deficiency reported by the GMOC, then the Ccity OeURsiIshallmanager should, within 60: days of the GMOC's
report, schedule and hold a public hearing ferthe purpose -efto: a) consider adopting a moratorium on the
acceptance of new
FE. SewerWater.
Goal: To provide, a healthful and' sanitary sewer collection and disposal system for the residents of the Ccity
of Chula Vista, dorfsistent With the city's
projects will provide necessary improvements consistent with Sewer near +eF Plan(s),
and- -Ccity €engineering Sstandards. Treatment capacity should be acquired in advance of demand.
Threshold Standards:
1. Existing and projected facility Ssewage flows and volumes shall not exceed city engineering standards for
the current system and for budgeted improvements, as set forth in the sSubdivision mManual. adopted by city
13
2. The city shall annually ensure adequate contracted capacity in a -the San Diego Metropolitan Sewer
Authority or other means sufficient to meet the projected needs of development. w4th a 12 +e 1 st me„fh
develepment fbrec-,ast and- request GOnfirmatien that the pMeGt*GR 06 within the Gity'S PUFGhased GapaGity rights
and aR evaluation of their ability to aGGOMFnedate the feFeE;ast and Gontinuing growth, eF the Gity eRgiReeFiRg
department 6taff ohall gather then ry data
Implementation Measures:
1.
b. Ability of affestedsewer facilities
absorb forecasted growth over the next five years;
c. Evaluation of funding and site availability for budgeted and projected new facilities; and
"F. Drainage.
Goal: To provide a safe and efficient storm water drainage system to protect residents and property in the
6city of Chula Vista.
14
Objective: Individual projects will provide necessary improvements consistent with the DraiRage Ma6te.
Waa(S) -aa4- current Gcity €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 set forth OR the 6ubduviswe
Ne. 11175 on February 23 1983 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 goals and objectives for drarnageabeve.
Implementation Measures:
p�
1. Should the GMOC determine that the Tthreshold Sstandards mare not being metsatlsfied, with respect to
new development, then the Ccity managerGe,►asil shall should present tAhe crtv council, for their
fwd tastiss to bring the storm drain system i
scheduled to commence within three years.
1G. Traffic.
Goals:
ben6Kftiarks and a finance plan that will formally adep�aad
nformance Construction or other actual solution shall be
1. To provide, and maintain safe and efficient street system for all modes of transportation within the Gcity of
Chuht Vista.
2. Jo 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.
15
4. To defiRemaintain a level of service value that represents a high quality of traffic flow under constrained
operating conditions during peak periods of traffic activity.
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�ea Element".
Threshold Standards:
1.
Signalized aFteri ,i those
hours of the day.
2.
Gity -w+de Those Traffic Monitoring Program (TMP)
in
19
"C or better as measured by observed average travel speed on all
>t,,that during peak hours, a-LOS °D" can occur for no more than two
a
for no more than two hours per da 1. '"rest of inteFg.t _Ate Rl1G Those Signalized inteFsentinns whinh do not meet
the staand�;;M_ -abeve may GORtinue to operate at their c.-UrreRt (yeaF 1991) 1=05, but shall not worsen.
3, Notes to Standards.
a1. Arterial sSegment_ LOS measurements shall be for the average weekday peak hours, excluding seasonal
and special circumstance variations.
16
d2. The LOS measurement of arterial segments atnd freeway ramps shall be a growth management
consideration in situations where proposed developments have aJsignificant impact at interchanges.
Q. Circulation improvements should be implemented prior to anticipated deterioration of LOS below
established standards.
A. The criteria for calculating arterial LOS and defining arterial lengths and classifications shall follow the
procedures detailed in
confirmed by the
Highway Capacity Manual (HCM) and shall be
h5. Level of service values for arterial segments shall be based on the HCM.fellewing table.
17
COURG", WashingtOR, D.C., 1995.
Implementation Measures:
h ;
1. Should the GMOC determine that the Tthreshold standard '+care not being metsa#is€iad, due to growth
impacts, then the Ocity Gcouncil sha4should, within 60 days of the GMOC's report, schedule and hold a public
hearing f^. the p uF^^s^ ^f to consider adopting a moratorium on the acceptance of new building
ep rmitateRt tive FR ppli^^f;^. S or b) other a
aR4-,
18
ClaSS ,�
C1asc2
C4asS4
A
>-35
>-30
>45
>29
x--24
>4-8
S
>-2-2
>48
>443
B
>4-7
>44
—9
€
>4-3
>40
>-7
F=
e-43
COURG", WashingtOR, D.C., 1995.
Implementation Measures:
h ;
1. Should the GMOC determine that the Tthreshold standard '+care not being metsa#is€iad, due to growth
impacts, then the Ocity Gcouncil sha4should, within 60 days of the GMOC's report, schedule and hold a public
hearing f^. the p uF^^s^ ^f to consider adopting a moratorium on the acceptance of new building
ep rmitateRt tive FR ppli^^f;^. S or b) other a
aR4-,
18
Monitorinq 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
period measurement and a two -hour PM peak period measurement.
M.
In
KH. Fiscal.
Goal: To implementpev+de land uses and
19
Threshold Standards:
1. Fiscal_ Impact Analyses and Public Facilities Financing Plans, at the time they are adopted, shall ensure that
new development offsets the cost of development.
mpwvements- This Fep@4 sh—ld — --luate aetual growth ever the pFevin-i-Is do Mani.
PA
Implementation Measures:
2. The GMOC shall be provided with an annual fiscal impact report whir #that provides an evaluation of the
impacts of growth on the city -i -beth in terms of operations and capital improvements. This report should
evaluate actual growth overt previous 12 -month period, as well as projected growth over the next 12 to 18
5 =year period.
M'
3_ The, GMOC shalt be provided with an annual "development 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 protects included within the DIF programs.
19.09.050 Threshold Standards for External Facilities and Services.
JA. Air Quality and Climate Protection.
Goal: To maintain and improve the ambient air quality enjoyed by the dtizensresidents of Chula Vista.
FM
Objectives:
1._ReGegnizing that air quality 06 an issue WhiGh Reeds te be addFeGsed In an effort to address the impacts of
transportation and building- related energv use at both the regional and local level, the Ccity shall endeavor to
implement applicable air quality improvement strategies and programs that meet or exceed those established
through the currently adopted Regional Air Quality Strategy (RAQS) California's Global Warming Solutions Act
21
2. After Tthe city shall prepares art annual evaluation report, it shall provide a copy of thesald report to the aAir
Pollution sControl Qistncf {A CD) for its response . 1a- add+tiec , The APCD sha#should
provide the city with a.,report on overall regional and local air quality conditions, the status of regional air quality
, v,
improvement implementation efforts under the rRegional aAir GlQuality sStrategy and related federal and state
efforts /programs on the city of Chula Vista and local planning and
3. Should the GMOC determine that a deficiency poteRtially SeFiGus problem exists with respect to any of the
above air quality and climate protection implementation measures,_; rnprevemeRt ofG.06 -a+ either the- locallly, of
regionally leve , or both, it may adW ssue a fernaal "Statement of Concern" within its annual report. SUGh a
22
B. Schools
Goal: To ensure that the Chula Vista G4) l- entary School District CVESD and Sweetwater Union High
School District (SUHSD) have the necessary school sites, infrastructure 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 ma
equivalent documents that define the schools' essential facility needs necessary to provide
accommodation.
Threshold Standard:
Ea
The city shall annually provide the Chula Vista Elementary School DistricQCVESD) and th
12 tQ 18 MORth forecast and request an evaluation of their ability to accommodate #1,--forecasted
and Geet+RWieg growth, both citywide and by subarea., T" 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 forested growth in affected facilities and identification of what facilities need to be
3. Evaluation of funding and site availability for projected new facilities identified; and
4. Other relevant information the school district(s) desire(s) to communicate to the city and the gGrowth
mManagementeOversight GCommission (GMOC).
23
Implementation Measure:
Should the GMOC determine that a pOteRtially serieuscapacity problem exists with respect to physically
accommodating students, either currently or within the next five years wheels; it may issueadW a formal
"Statement of Concern" within its annual report. The annual report shall be provided to both school districts,
with follow -up, to assure appropriate response.
Goal: To ensure that adequate supplies of potable and recycled water
are available to the Ccity of Chula Vista.
Objectives:
1. Ensure that adequate storage, treatment and
planned growth.
2. Ensure that water quality standards
Threshold Standards:
1. Adeauate water
during growth and construction.
Ccity with a service availability letter from the appropriate Wwater
2. The "Ccity 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 the - forecasted grad
seetORW+Rg growth. The ^° GReplies should address the following:
a. Water availability to the Ccity and Planning Area, considering both short- and long -term
perspectives.
24
b. Identify current and proiected demand, and the Aamount of current capacity, including storage
capacity, now used or committed.
C. Ability of current and proiectedaffested facilities to absorb forecasted growth.
d. Evaluation of funding and site availability for projected new facilities.
adWissue a feFFnal"Statement of Concern" within its annual rep
reSPGRse by that agenGy.
19.09.060 Amendments and Supplemental
L. AMeRdments and c, rilcn,enta% Thre&hGklo These standards may be amended from time to time on
approval by the city council (Ord 28601,§ 1, 2, 2002; Ord. 2859 § 1, 2002; Ord. 2748 § 3, 1999; Ord. 2486
residential development after making specific findings as to the health safety and welfare concerns of
continued development, as set forth in "B" below.
25
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
chapter.
2. That cor
health, safety and welfare in the city of Chula Vista.
services to all its residents.,
C. Procedures for Implementing Limits on Building Permits.
adopt an ordinance that specifies;
19.09.0580 Requirement for pPublic Facilities Finance gPlans P( FFP), a}Air gguality
+Improvement Plans, and wWater sConservation �Plans ..................................... ...............................
A. Public Facilities Financing Plans.
No application for ae SPA plan, or, if an SPA plan is not required, no application for a Jentative nWap, shall
be deemed complete or accepted for review unless:
1. It is accompanied by a PFFP which has been approved by the city; or
26
2. A PFFP which t� 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 seFvise, facilities
infrastructure and servicey� needs warranting the preparation of are PFFP.
B. Air Quality Improvement Plans. No application for an SPA plan, or, if an SPA plan is not required, no
application for a tTentative mmap, shall be deemed complete or accepted for review,. unless
�
1. It is accompanied by an aAir gQuality ilmprovement pPlan whiehthat has been approved by the city; or
e.
2. An aAir gQuality ilmprovement pPlan w4ieh that includes the project, has already been 'initiated; or
3. The applicant initiates the preparation of an aAir gQuality ilmprovement pPlan in such form and /or
containing such information, including maps, drawings, diagrams, etc,* as thd'bity director of Development
Services Director shall require::;.
C. Water Conservation Plans. No application for an SPA plan, or, if an SPA plan is not required, no application
for a tTentative mMap, shall be deemed complete or'accepted for review unless:
a
1 wxs�s:f'x
A
1. It is accompanied by a wWater sConservation pPlan whishthat has been approved by the city; or
2. A wWater sConservation O_Plan, wnishthat includes the project, has already been initiated; or
3. The applicant initiates th'e,preparation of a wWater sConservation pPlan in such form and /or containing
such information, including maps, drawings, diagrams, etc., as the city director of Development Services
shall require.
D. NdSPA plan; nor any Qentative subdivision rnMap, shall be approved, or deemed approved, without an
approved aAir gQuality ilmprovement pPlan and an approved wWater sConservation
p !lan. To provide consistency and implementation of said plans, the city council may impose any condition to
the approval of are SPA plan or tTentative won rnMap necessary to implement the PFFP, the aAir
gQuality ilmprovement pPlan, the wWater sConservation pPlan, the 9growth mManagement pProgram, or the
master Facility Master pPlans.
27
E. No #Final mmap shall be approved until all the conditions of the PFFP, the Air Quality Improvement Plan and
the wWater eConservation pPlan and the alp quality 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 planning approvals shall be granted unless the city council finds that the project is
consistent with an approved PFFP, an aAir gQuality +Improvement pPlan, and a wWater sConservation pPlan.
A�..
G. No building permit shall be issued unless the permit is consistent with any applicable PFFP; the aAir
Qualit +Im rovement Plan and the wWater sConservation Plan and all applicable fees mcludm ut not
g_ y �_ p p_ p_ PP � 9,
r,
limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees,
1,_"
water fees, or 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 +care 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, 19911:
0 Public Facilities Finance PPlan PLFFP_LsContents.
28
1. PGIise;
�'¢ l
�� L3 µ4 Y i
.•
29
30
31
,�,
A. A PFFP, an aAir gQuality +Improvement pPlan, and a wWater GConservation p !Ian may be processed
concurrently with the SPX lan ordentative mMap.
B. A PFFP may be initiated by filing an application with the difeeteref Development Services Director g
and building. The appl ant shall pay a deposit at the time any application for a PFFP is accepted.
C A PFFR fq �,a project shall be prepared by the city, or a consultant selected by the city, according to the
this chapter.
D. The cost of PFFP preparation shall be advanced to the city by the applicant and any participating owner or
�'V
owners prior to PFFP preparation. (Ord. 2790, 1999; Ord. 2448 § 2, 1991).
19.09.09110 Public #Facilities Winance_PPlan PFFP fReview. ........................................... ...............................
A. PFFPs shall be reviewed according to the following procedure:
32
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 director of Development Services Director
planning and b0d"Rg for processing. _If the d+rentnrofDevelopment Services Directo[planning and building
determines that the plan complies with the provisions of this chapter, the dDirector 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 reporf contaming
recommendations on the PFFP shall be prepared and furnished to the public, the applicant and,ttie " plenning
commission prior to the hearing.
3. The planning commission shall hear and consider the application and shall by resolution prepare
NIX
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 clerk shall set the matter for public
hearing before the city council. The hearing shall be noticedd'accon:164 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 gGrowth mManagement pProgram, the master facility master plans and
the PFFP.
6. A PFFP may be amended folloiiing the same procedures for the original adoption. (Ord. 2790, 1999; Ord.
2448 § 2, 1991 ) ,
acilities Finance oPlan (PFFP) +Implementation.
A. The sitra►aaDevelopment Services Director shall ensure
8
that PFFPs are prepared for all SPA plans and Tentative Maps, or equivalent projects pursuant to CVMC
19.48. ,
B. In the event that the sityse 4Ps4Development Services Director or his designee finds that the project is not in
substantial compliance with the PFFP as modified or amended, the developer shaAmay be deemed to be in
33
default and „e4uftharcontinued issuance of building or development permits s"^” be issued and develepme^*
shall seasemay be affected. (Ord. 2448 § 2, 1991).
19.09.1030 Public #Facilities #Finance aPlan PFFP aAmendment. ............................ ...............................
................................................................ r�.,........ ........................_...... .
A. Adoption of a PFFP does not establish any entitlement or right to any particular general plan or zoning
designation or any particular development proposal.
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 find
that (i) the circumstances were u known or that the circumstances have changed; and (ii) the health, safety or
welfare of the community requires the charge of the PFFP. This provision shall neither limit nor expand the
w��
rights of liabilities of either of the parties with respect to the PFFP or the development of the property.
If, afte _rnoticeand fearing; the, council determines that a deficiency exists, then no further building or
nt permits shall be issued within the affected area, and development shall cease until an
amendrnent,to the``applicable PFFP whiAhmitigatinn es the deficiency is approved by the city council.
D. 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).
34
19.09.1440 Exceptions and eExclusions.
....... . ...........................................................................................................................................................................................
...............................
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.
GB. Exclusions. Development projects whicl consist of facilities or structures constructed by a city, county,
special district, state, or federat'dovemment or any agency, department, or subsidiary thereof for governmental
dux:
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 6, oublic agency would not be exempt, This exclusion shall not apply to
development prolects,to which a possessory interest tax would be applicable. (Ord. 2448 § 2, 1991).
19.09.1250 Extensions of jaPrior aApprovals ........................................................................................................................................ ..................
.............
After approval of an applicable PFFP for a development project, an extension of the expiration date of a
Jentative won mmap may only be granted if the project is in conformance with the PFFP and the
@Growth mManagement oProgram. The extension may be conditioned on such matters as the city deems
Wapproopriate 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).
35
19.09.1360 Obligation to pPay #Fees or +Install #Facilities rRequired by aAny eOther 1Law.
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).
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 appropna'f
B. The city council shall establish application and processing fees for the submission and processing of pPublic
fFacilities (Financing pPlans 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).
19.09.1690 Severability.
........................................................................................................................................................... ...............................
If any section, subsection, sentence. clause or phrase 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 chose and phrase thereof, irrespective of the fact that any part thereof be declared invalid or
unconstitutional. (Ord. 2448 § 2, 1991).
19.09
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, libraries, parks and recreation, wastewater, drainage and circulation. In
anticipation of service demands, these master plans shall contain an analysis of existing facilities, existing and
36
proiected demand and proposed maintenance and capital improvement projects. They shall also identify
financing plans to accomplish identified improvements.
37