HomeMy WebLinkAboutOrd 2024-3573ORDINANCE NO. 3573
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 17.10
(“PARKLANDS AND PUBLIC FACILITIES”) TO EXEMPT
AFFORDABLE UNITS FROM PARKLAND ACQUISITION
AND DEVELOPMENT FEES
WHEREAS, new housing developments are required to provide usable open space,
pursuant to Chula Vista Municipal Code (“CVMC”) Chapter 19.28; and
WHEREAS, as an alternative method of compliance, housing developments may instead
be assessed an in-lieu fee, known as the Parkland Acquisition and Development (“PAD”) fee, to
be used for the offsite acquisition and improvement of parkland in Chula Vista, pursuant to CVMC
Chapter 17.10; and
WHEREAS, CVMC Chapter 17.10 currently allows that City Council may, by resolution,
waive all or any portion of the PAD in-lieu fee in the interests of stimulating the construction of
housing for low- and moderate-income families; and
WHEREAS, the production of housing affordable to low- and moderate-income
households is an area of critical need for Chula Vista residents, as reflected in the City of Chula
Vista’s Regional Housing Needs Allocation (“RHNA”) targets set forth in its 2021-2029 Housing
Element of the General Plan (the “Housing Element”); and
WHEREAS, PAD in-lieu fees are a constraint on the production of housing affordable to
low- and moderate-income families; and
WHEREAS, various affordable housing programs administered by the State of California
treat an exemption or waiver from development fees as a local monetary contribution to a project,
thereby increasing the competitiveness of such projects for state funding; and
WHEREAS, the current discretionary procedures for a waiver of such fees impose
administrative costs on City of Chula Vista staff and may create uncertainty and delays in project
completion, and could be improved through a streamlined process providing a categorical
exemption for 100% affordable housing projects; and
WHEREAS, for the reasons described above, establishing a categorical exemption for
100% affordable housing projects serves a public purpose.
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Ordinance No. 3573
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NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Findings
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this ordinance No. 3573 qualifies for the “common sense” exemption under
State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and
organizational changes to the CVMC. Furthermore, the action of updating and modifying the
CVMC with procedural and clerical changes will not result in an intensification of uses or a change
in development potential within the City above what already is permitted under the existing land
use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature
and type of these procedural and clerical changes to the CVMC, there is a certainty that there is no
possibility that the action may have a significant effect on the environment.
Section II. The Chula Vista Municipal Code Section 17.10.070 is hereby amended to read
as follows:
17.10.070 In-lieu fees for land dedication and/or park development improvements.
A. In-Lieu Fees for Land Dedication. If, in the judgment of the City, suitable land does not exist
within the subdivision or within the development if it is not part of a 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 units, dedication of land may be required, notwithstanding that the number of
parcels may be less than 50.
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 or residential development, it may require such combination , provided,
however, the City Council may, by resolution, waive all or any portion of s aid dedication or in-
lieu fee requirements in the interests of stimulating the construction of housing for low- and
moderate-income families.
B. In-Lieu Fees for Park Development Improvements. If, in the judgment of the City, suitable
land does not exist within the subdivision or within the development if it is not part of a 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 apartment 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 futur e residents of
a particular subdivision or residential development, it may require such combination .; provided,
however, the City Council may, by resolution, waive all or any portion of said improvements or
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Ordinance No. 3573
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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 or building permit
applicant 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.
C. Land Uses Exempt from In-Lieu Fees. “Accessory Dwelling Units” and “Junior Accessory
Dwelling Units,” as defined in CVMC 19.58.022 and 19.58.023, respectively, are exempt from
payment of in-lieu fees for parkland dedication and park development as they offer lower-cost
housing supply to low- and moderate-income families. Housing developments in which 100% of
units, except any units reserved exclusively for use by staff, are restricted as affordable to persons
or families of low or moderate income, as defined in California Health and Safety Code Section
50093, shall also be exempt from payment of in-lieu fees for parkland dedication and park
development, provided that such units are restricted through a regulatory agreement, recorded in
the official records of San Diego County, with the City of Chula Vista, the Chula Vista Housing
Authority, the California Tax Credit Allocation Committee, or the California Department of
Housing and Community Development. (Ord. 3424 § 3, 2018; Ord. 3303 § 1 (Att. A), 2014; Ord.
2945 § 5, 2004; Ord. 2886 § 1, 2002).
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable, or unconstitutional by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability, or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance or i ts
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause, or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law, and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
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Ordinance No. 3573
Page No. 4
Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo
Director Housing and Homeless Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of May 2024, by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Morineau, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3573 had its first reading at a regular meeting held on the 21st day of May 2024,
and its second reading and adoption at a regular meeting of said City Council held on the 28th day
of May 2024 and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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6/27/2024