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HomeMy WebLinkAboutOrd 2003-2886-C ORDINANCE NO. 2886-C 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 ACQUISITION 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 Government 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 1: 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 am needed to provide service to the development in accordance with City standards; and Ordinance 2886-C Page 2 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 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 Cotmcil 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 amount 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, inadequacy of park facilities for the public welfare and concerns about an increased charge to remaining 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: 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-C 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 acre 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: 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 f~xtures, 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. 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. Ordinance 2886-C Page 4 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. C. All utilities shall be extended to the property line. D. (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: A. Topography, soils, soil stability, and drainage location of land in subdivision available for dedication. B.Size and shape of the subdivision and land available for dedication. C.Physical relationship of the site to the surrounding neighborhood. D. Location of the site with regard to accessibility to the residents of the neighborhood and its contribution to neighborhood security. E. The amount, usability, and location of publicly owned property available for combination with dedicated lands in the formation of public park and recreation facilities. F. Recommendation of the parks and recreation commission. An offer of dedication may be accepted or rejected by the City Council. G. 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. A. 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 Ordinance 2886-C Page 5 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. B. 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). 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 ~tier~l/Frucht~r ~bSf{n M. Kaheny BudgnSt and Analysis Director ~ity Attorney Ordinance 2886-C Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of January, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: McCann ATTEST: 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-C was passed as an urgency measure on the 7th day of January, 2003. Executed this 7th day of January, 2003. Su~an Bigelow, City ClerkO'