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HomeMy WebLinkAboutOrd 2004-2945 ORDINANCE NO. 2945 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUrA VISTA AMENDING MUNICIPAL CODE CHAPTER 17.lD, "PARKLANDS AND PUBUC FACILmES," RELATING TO THE COLLECTION OF IN-LIEU PARK ACQUISTION AND DEVELOPMENT FEES FROM RESIDENTIAL DEVELOPMENTS TIfAT ARE NOT REQUIRED TO SUBMIT A SUBDIVISION MAP OR PARCEL MAP WHEREAS, the City has previously adopted Ordinance No. 2886, as amended, pertaining to the collection of Pm;k AcquisitiQ.n and Development Fees (pAD Fees); and WHEREAS, the current regulations refer to those residential developments that are required to submit a subdivision map or parcel map as part of the land development approval process; and WHEREAS, it is anticipated that some areas of the City will be developed or redeveloped in a manner that does not require the submission of a subdivision map or parcel map; and WHEREAS, the development of new residential dwelling units, regardless of the manner in which the development plans are proposed, processed and approved, have the same effects on the need for park and recreational facilities in the City; and WHEREAS, it is the position of the City that all new residential developments should be treated consistently and uniformly throughout the City as they relate to the collection of PAD Fees; and NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Section 17.1O.0lD of the Municipal Code be amended to read as follows: "17.lD.OlD Dedication of land and development of improvements for park and recreational purposes. Pursuant to the authority granted by Section 66477 of the Govermnent Code of the state, every subdivider or developer of new residential developments, shall, for the purpose of providing neighborhood and community park and recreational facilities directly benefiting and serving the residents of the regulated subdivision, or in the case of a development not requiring a subdivision of land, benefiting and serving the residents of those new developments, dedicate a portion of land and develop improvements thereon or in lieu thereof pay fees for each dwelling unit in the subdivision or residential development, 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 and new residential developments not required to file a subdivision plan 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 CYMC. (Ord. 2886 §1, 2002)." SECTION II: That Section 17.lD.030 of the Municipal Code be amended to read as follows: Ordinance 2945 Page 2 "17.lD.030 Application. The provisions of this chapter shall apply to all subdivisions and divisions created by parcel maps and residential developments not requiring fmal subdivision or parcel maps, excepting therefrom 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. 2886 §1, 2002)." SECTION III: That Section 17.10.040 of the Municipal Code be amended to read as follows: "17.lD.040 Area to be dedicated - Required when - Amounts for certain uses. The amount of parkland dedication required, in accordance with CVMC 17.lD.OlD 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, or in the case of a residential development that is not required to submit a final map, at the time of the first building permit application. 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 95units; 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. 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. (Ord. 2886 §1, 2002)." SECTION IV: That Section 17.10.050 of the Municipal Code be amended to read as follows: "17.10.050 Park development improvements - Specifications. In addition to the dedication of land as required in CYMC 17.lD.040, it shall be the responsibility of the subdivider or building permit applicant to develop all or a portion of such land for neighborhood or community park purposes to the satisfaction of the Director of Recreation and the Director of General Services. All parks shall include, to the satisfaction of the City, the following elements;....." The remaining portions off the section remain unchanged. SECTION V: That Section 17.10.070 of the Municipal Code be 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 -~-~~~----------~---------~-- ---~ ----- --------~ Ordinance 2945 Page 3 subdivision, or for subdivisions containing 50 lots or less, 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 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 require to deposit the required fee(s) in lieu of dedication of land. 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 in-lieu fees 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.lD.050. However, when a condominium project, stock cooperative or cormnunity 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 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 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 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.lD.050. Residential motels and hotels and transient motels and hotels shall be require to deposit the required fee(s) in lieu of park development improvements. (Ord. 2886 §1, 2002)." SECTION VI: That Section 17.lD.080 of the Municipal Code be amended to read as follows: "17.lD.080 Limitation on use of land and/or fees. The amount 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 or residential development 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 I I I L Ordinance 2945 Page 4 recreational facilities by the future inhabitants of the subdivision or residential development. (Ord. 2886 §1,2002)." SECTION VII: follows: That Section 17.lD.lDO of the Municipal Code be amended to read as "17.lD.loo 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 or, prior to the issuance of the first building permit for a development that is not required to submit either a final subdivision map or a parcel map, any required fees shall have been paid to the City unless an agreement has been entered into between the City, approved by the City Council, and the map applicant or building permit applicant providing for the subsequent payment of the fee, but in no event later than 60 days after map approval or at the time of the first building permit issuance if no final subdivision map, parcel map or separate agreement exists. 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 the date of final map approval or the first building permit issuance 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 or the first building permit issuance, and thereafter at the base interest rate plus two percentage points until paid, together with any attorney fees and costs incurred in enforcing the 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 or approved development plan so approved or otherwise owned by the applicant, until the required fees are received by the City. Any land contributed for the purposes outlined in this chapter shall be dedicated to the City and shown on the final subdivision or parcel map or approved development plan 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. 2886 §1, 2002)." SECTION VIII: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. ---------- - Presented by Ordinance 2945 Page 5 Approved as to form by J~~ General ices Director CA. ~~ L Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of January, 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Davis, McCann, Rindone, Salas and Padilla None None ~~ ATTEST: ~¡jA~~~.-/ Susan Bigelow, CMC, City rk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHUrA VISTA I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2945 had its first reading at a regular meeting held on the 16th day of December, 2003 and its second reading and adoption at a regular meeting of said City Council held on the 6th day of January, 2004. Executed this 6th day of January, 2004. ~ LI LLL~~~ Susan Bigelow, CMC, City rk