Loading...
HomeMy WebLinkAboutOrd 2002-2886ORDINANCE NO. 2886 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PARKS ACQUISITION AND DEVELOPMENT FEES TO PAY FOR PARKLAND ACQUISITION AND VARIOUS PARK FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY WHEREAS, in April 2001, the City Council of the City of Chula Vista adopted Resolution No. 2001-091, increasing the Parks Acquisition and Development (PAD) Fee from $2,260 to. $2,934 per single family dwelling unit; and WHEREAS, cost estimates to develop the needed public parklands and park facilities have been updated; and WHEREAS, the cost to acquire suitable parkland has been updated; and WHEREAS, the average number of people occupying new households has increased, placing a greater impact on parks and recreation usage; and WHEREAS, PAD fees have historically been insufficient to construct large recreation facilities such as community centers, gymnasiums, and swimming pools; and WHEREAS, the fees are solely based upon that portion of project costs which are attributable to new development; and WHEREAS, the fee increase was developed in conjunction with developers and the Building Industry Association (BIA); and WHEREAS, the City Council adopted the Parks and Recreation Master Plan by Resolution 2002-450, on November 12, 2002; and NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1. That the existing Ordinance Nos. 2243, 2506, 2592 and 2616 are hereby superseded, and a new Chapter 17.10 is hereby added to the Chula Vista Municipal Code to read as follows: PARKLANDS AND PUBLIC FACILITIES Sections: 17.10.010 17.10.020 17.10.030 17.10.040 17.10.050 17.10.060 Dedication of land and development of improvements for park and recreational purposes. Determination of park and recreational requirements benefiting regulated subdivisions. Application. Area to be dedicated - Required when -Amounts for certain uses. Park development improvements - Specifications. Criteria for area to be dedicated. Ordinance 2886 Page 2 17.10,070 17.10.080 17.10.090 17.10.100 17.10.110 In-lieu fees for land dedication and/or park development improvements. Limitation on use of land and/or fees. Commencement of park development. Collection and distribution of fees. Periodic review and amendment authorized. 17.10.010 purposes. Dedication of land and development of improvements for park and recreational Pursuant to the authority granted by Section 66477 of the Government Code of the state, every subdivider shall, for the purpose of providing neighborhood and community park and recreational facilities directly benefiting and serving the residents of the regulated subdivision, dedicate a portion of the land and develop improvements thereon or in lieu thereof pay fees for each dwelling unit in the subdivision, or do a combination thereof, as required by the city in accordance with this chapter. The dedication, improvement, or payment of fees in lieu thereof or combination thereof shall be applicable to all residential subdivisions of any type allowed under the various and several residential zones of the city and shall be in addition to any residential construction tax required to be paid pursuant to Chapter 3.32 CVMC. (Ord. 2243 § 1, 1987; Ord. 1806 § 1, 1978; Ord. 1668 § 1, 1976). 17.10.020 Determination of park and recreational requirements benefiting regulated subdivisions. The park and recreational facilities for which dedication of land and improvements thereon and/or payment of a fee is required by this chapter shall be those facilities as herein set forth in CVMC 17.10.050 and as generally set forth in the Parks and Recreation Master Plan and in the park and recreational element of the general plan of the city adopted by Resolution No. 3519 on September 22, 1964, and as thereafter amended. (Ord. 2243 § 1, 1987; Ord. 1668 § 1, 1976). 17.10.30 Application. The provisions of this chapter shall apply to all subdivisions and divisions created by parcel maps, excepting there from industrial and completely commercial subdivisions and those subdivisions or divisions of land for which tentative subdivision or parcel maps have been filed within 30 days after the effective date of this chapter. (Ord. 1858 § 1,1979; Ord. 1806 § 1, 1978; Ord. 1668 § 1, 1976). 17.10.040 Area to be dedicated - Required when - Amounts for certain uses. The amount of parkland dedication required, in accordance with CVMC 17.10.010 through 17.10.110, is based on a standard of three acres per 1,000 people and shall be offered at the time of filing of the final map. The area to be dedicated shall be as follows: A. Single-family dwelling units, including single family detached homes and detached condominiums, 3.52 persons per dwelling unit, 460 square feet per unit, or one acre per 95 units; Ordinance 2886 Page 3 B. Multiple-family dwelling units, including attached condominiums, townhouses, duplexes, triplexes and apartments, 2.61 persons per dwelling unit, 341 square feet per unit, or one acre per 128 units; C. Mobilehomes, 1.64 persons per dwelling unit, 214 square feet per unit, or one acm per 203 units; D. Residential and transient motels/hotels, 1.50 persons per dwelling unit, 196 square feet per unit, or one acre per 222 units. (Ord. 2243 § 1, 1987; Ord. 1806 § 1, 1978; Ord. 1668 § 1, 1976). Development projects which have received tentative map approval as of November 12, 2002, shall not be required to contribute additional acreage based on the revised persons per dwelling factors as set forth above. 17.10.050 Park development improvements -Specifications. In addition to the dedication of land as required in CVMC 17.10.040, it shall be the responsibility of the subdivider to develop all or a portion of such land for neighborhood or community park purposes to the satisfaction of the director of building and park construction. All parks shall include, to the satisfaction of the City, the following elements; meet the following minimum standards; and will be designed, developed, and maintained in accordance with the requirements of the City landscape manual and the Chula Vista Parks and Recreation Master Plan: Grading shall be in accordance with the grading ordinance, street design manual, the Chula Vista Parks and Recreation Master Plan, and the City landscape manual. Improvements that may be required by the City may include: 1. Drainage system. 2. Street improvements. 3. Parking lot with lighting. 4. Concrete circulation system. 5. Security lighting system. 6. Park fixtures, including, but not limited to identification and informational signage, picnic tables, benches, trash receptacles, hot ash containers drinking fountains and bike racks, shall be provided and installed. 7. Landscaping, including trees, shrubs, ground cover, and tuff. 8. Automatic irrigation system. 9. Restroom/maintenance facility. 10. Play areas, with equipment for preschoolers and primary school-age children, shall be installed. Disabled individual accessible surfacing shall be installed. 11. One picnic table shall be provided for every 600 people. Half of required number of picnic tables shall be provided under a shelter. 12. The following sports facilities (night lighting may be required for all of the following): a. One tennis court shall be provided for every 3,200 people. b. One baseball (Organized Adult) field shall be provided for every 12,200 people. Ordinance 2886 Page 4 c. One baseball (Organized Youth) field shall be provided for every 4,400 people. d. One baseball (Practice/Informal) field shall be provided for every 3,300 people. e. One softball field (Organized Adult) shall be provided for every 7,900 people. f. One softball field (Organized Youth) shall be provided for every 12,700 people. g. One softball field (Practice/Informal) shall be provided for every 2,850 people. h. One basketball court shall be provided for every 2,150 people. i. One soccer field (Organized Games) shall be provided for every 5,400 people. j. One soccer field (Practice/informal) shall be provided for every 2,450 people. All utilities shall be extended to the property line. 1. (Ord. 2616 § 2, 1994; Ord. 2243 § 1, 1987; Ord. 1668 § 1, 1976). 17.10.060 Criteria for area to be dedicated. Acceptance of land for parkland is at the City Council's discretion, and in exercising its discretion, the Council may consider the following criteria, in addition to any other the Council considers - relevant: Topography, soils, soil stability, and drainage location of land in subdivision available for dedication. Size and shape of the subdivision and land available for dedication. Physical relationship of the site to the surrounding neighborhood. Location of the site with regard to accessibility to the residents of the neighborhood and its contribution to neighborhood security. The amount, usability, and location of publicly owned property available for combination with dedicated lands in the formation of public park and recreation facilities. Recommendation of the parks and recreation commission. An offer of dedication may be accepted or rejected by the City Council. Consistency with the goals and policies contained in the Chula Vista Parks and Recreation Master Plan. (Ord. 2243 § 1, 1987; Ord. 1961 § 1, 1982; Ord. 1668 § 1, 1976). 17.10.70 A. In-lieu fees for land dedication and/or park development improvements. In-Lieu Fees for Land Dedication. If, in the judgmem of the City, suitable land does not exist within the subdivision, or for subdivisions containing 50 lots or less, the payment of fees in lieu of land shall be required. In such cases, the required fee(s) shall be based on the area to be dedicated as set forth in CVMC 17.10.040. However, when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling traits, dedication of land may be required notwithstanding that the number of parcels may be less than 50. Ordinance 2886 Page 5 Where the City deems that a combination of dedication and payment, as provided in this chapter, would better serve the public and the park and recreation needs of the future residents of a particular subdivision, it may require such combination; provided, however, the City Council may, by resolution, waive all or any portion of said dedication or in-lieu fee requirements in the interests of stimulating the construction of housing for low- and moderate-income families. Residential motels and hotels and transient motels and hotels shall be required to deposit the required fee(s)in lieu of dedication of land. In-Lieu Fees for Park Development Improvements. If, in the judgment of the City, suitable land does not exist within the subdivision, or for subdivisions containing 50 lots or less, the payment of fees in lieu of developing improvements shall be required. In such cases, the amount of the required fee(s) shall be based on the improvements required in CVMC 17.10.050. However, when a condominium project, stock cooperative or community apa, hnent project exceeds 50 dwelling units, improvements may be required notwithstanding that the number of parcels may be less than 50. Where the City deems that a combination of improvements and payment, as provided in this chapter, would better serve the public and the park and recreation needs of the future residents of a particular subdivision, it may require such combination; provided, however, the City Council may, by resolution, waive all or any portion of said improvements or in-lieu fee requirements in the interests of stimulating the construction of housing for low- and moderate- income families. In the event the City determines that the improvement of the parkland shall be delayed for a substantial period of time after the parkland has been dedicated, the subdivider shall not be required to install such improvements, but instead shall pay the required fee(s) for the value of improvements required in CVMC 17.10.050. Residential motels and hotels and transient motels and hotels shall be required to deposit the required fee(s) in lieu of park development improvements. (Ord. 2506 § 1, 1992; Ord. 2243 § 1, 1987;Ord. 1961 § 1, 1982; Ord. 1668 § 1, 1976). 17.10.080 Limitation on use of land and/or fees. The amotmt of land, improvements or in-lieu fees, or combination thereof, received under this chapter shall be used for the purpose of providing neighborhood and community park and recreational facilities to serve the subdivision for which received. The amount and location of the land or in-lieu fees, or combination thereof, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. (Ord. 2243 § 1, 1987; Ord. 1668 § l, 1976). 17.10.090 Commencement of park development. The City will acquire land for park purposes within a subdivision as soon as sufficient funds are available. Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by this subdivision, whichever occurs later. (Ord. 2243 § 1, 1987; Ord. 1668 § 1, 1976). Ordinance 2886 Page 6 17.10.100 Collection and distribution of fees. Prior to the recordation by the City of a final subdivision map or recordation by the City of a parcel map or release of either a final subdivision map or parcel map to a developer for recordation, any required fees shall have been paid to the City unless an agreement has been entered into between City, approved by the City Council, and the map applicant providing for the subsequent payment of the fee, but in no event later than 60 days after map approval. Said agreement shall provide that such payment shall be, to the satisfaction of the City Manager and City Attorney, adequately secured by sufficient surety or letter of credit, and shall further provide for interest from date of final map approval at city' s average earnings rates, computed and compounded quarterly, experienced by the City on its average investments (as determined by the City) ("base interest rate"), for the first 60 days after map approval, and thereafter at the base interest rate plus two percentage points until paid, together with any attorney fees and costs incurred in enforcing said agreement. Notwithstanding any other provision of law, the City may withhold final or interim inspection of units for which building permits may have been issued and may withhold issuance of additional building permits, certificates of occupancy if applicable, or any other processing of entitlements on any property or improvements included within the territory of the map so approved or otherwise owned by applicant, until the required fees are received by the City. Any land to be contributed for the purposes outlined in this chapter shall be dedicated to the City and shown on the final subdivision or parcel map at the time of approval. The Director of Finance shall be responsible for the collection and distribution of fees as set forth in this chapter. Planned developments shall be eligible to receive a credit as determined by the City Council, against the amount of land required to be dedicated, or the amount of the fee imposed, for the value of private open space within the development which is usable for active recreational uses. Such credit, if given, shall be determined on a case-by- case basis. (Ord. 2592 § 1, 1994; Ord. 2243 § 1, 1987; Ord. 1668 § 1, 1976). 17.10.110 Periodic review and amendment authorized. Costs, population density, and local conditions change over the years, and the specified formula for the payment of fees for acquisition of park sites as stated in this chapter is subject to periodic review and amendment by the City Council. (Ord. 1668 § 1, 1976). SECTION 2: Time limit for protest and judicial action Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety day approval period in which parties may protest begins upon the effective date of this ordinance. Presented by Approved as to form by Ordinance 2886 Page 7 Cher~ruchte~r Budget and Analysis Director ~i~ ~tiomKa~e~nY ~J PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of November, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Horton ATTEST: '~ Steqe Pe~lilla, Deputy Mayor Susan Bigelow, City Clerk~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Ordinance No. 2886 had its first reading at a regular meeting held on the 12th day of November, 2002 and its second reading and adoption at a regular meeting of said City Council held on the 19th day of November, 2002. Executed this 19th day of November, 2002. Susan Bigelow, City Clerk