HomeMy WebLinkAboutOrd 2002-2886-BORDINANCE NO. 2886-B
URGENCY 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
(PAD) FEES TO PAY FOR PARKLAND ACQUISTION AND VARIOUS PARK
FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA
BOUNDARY
WHEREAS, on November 19, 2002 the City Council adopted Ordinance 2886 which will
increase the Park Acquisition and Development fee to finance public parks within the City of
Chula Vista; and
WHEREAS, pursuant to Governmem Code Section 66017(a), the fees increased by that
ordinance will not become effective until sixty (60) days after adoption; and
WHEREAS, developments in the City which will impact various parks will be applying
for final map approval during the interim period before the development impact fee increase
becomes effective; and
WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim
fee as an urgency measure upon making a finding describing the current and immediate threat to
the public health, welfare, and safety; and
WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths
vote; 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, the City Council adopted the Parks and Recreation Master Plan on
November 12, 2002; and
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION h Findings
The City Council finds that developers of land within Chula Vista's General Plan area
boundary should be required to mitigate the burden created by development through the payment
of an impact fee for acquisition of public parkland and development of public park facilities
within the boundaries of the development and for public facilities outside the boundaries of the
development which are needed to provide service to the development in accordance with City
standards; and
The City Council finds, after consideration of the evidence presented to it including the
"Park Acquisition & Development Fee, 2002 Update", that certain amendments are necessary in
Ordinance 2886-B
Page 2
order to assure that there are sufficient funds available to finance the facilities necessary to
maintain public service levels; and
The City Council finds, based on the evidence presented at the meeting, the City's
General Plan, the City's Parks & Recreation Master Plan, and the various reports and
information received by the City Council in the ordinary course of its business, that the
imposition of park acquisition and development fees on all development for which final map
approval has not been issued is necessary in order to protect the public health, safety and welfare
and in order to assure effective implementation of the City's General Plan; and
The City Council finds that the mount of the amended fees levied by this ordinance does
not exceed the estimated cost of providing public park facilities.
SECTION 2: Finding of Urgency
That the City Council of the City of Chula Vista finds that it is necessary that its
development impact fee for public parks go into effect immediately in order that all developers
of properties in the City pay their fair share of the cost of public parks improvements relating to
the impacts caused by their development. Immediate implementation of this fee is necessary due
to the current and immediate threat to the public welfare that will result should there be a
shortfall in the amount of money necessary to pay for the various public park facilities thereby
resulting in a decline in service levels. The City Council finds that the prospect of a shortfall,
inade, q.uacy of park facilities for the public welfare and concerns about an increased charge to
remammg property owners constitutes a current immediate threat to the public health, welfare
and safety justifying the immediate imposition of this fee.
SECTION 3: That Sections 17.10.020, 17.10.040, 17.10.050, 17.10.060 and 17.10.100 of the
Chula Vista Municipal Code shall be amended to read as follows:
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).
17.10.040 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:
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;
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;
Ordinance 2886-B
Page 3
Mobilehomes, 1.64 persons per dwelling unit, 214 square feet per unit, or one
acre per 203 units;
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:
A. 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.
B. 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 turf.
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.
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.
Ordinance 2886-B
Page 4
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.
(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).
17.10.100 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 f'mal 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 applicam, until the required fees are received by
Ordinance 2886-B
Page 5
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 mount 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).
SECTION 5: Expiration of this ordinance
This ordinance shall be of no further force and effect 30 days after its adoption.
SECTION 6: 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.
SECTION 7: Effective Date
This ordinance shall become effective immediately upon four-fifths vote.
Presented by
Approved as to form by
~-cherYljF~u;hter '
Budget and Analysis Director
Ordinance 2886-B
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of December, 2002, by the following vote:
ATFEST:
Councilmembers:
Councilmembers:
Councilmembers:
AYES:
NAYS:
ABSENT:
Davis, Rindone, Salas, McCann, and Padilla
None
None
Sfephen Pad0111a, Mayor
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2886-B was passed as an urgency measure on the 10th day of December, 2002.
Executed this 10th day of December, 2002.
Susan Bigelow, City Clerk