HomeMy WebLinkAbout1991/05/28 Item 6
COUNCIL AGENDA STATEMENT
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ITEM TITLE: Ordinance No. 2448 Amending Title 19 of the Municipal Code by Adding
Chapter 19.09 for the Purpose of Managing the City's Growth
SUBMITTED BY: Director of Planning ~.,,/
Director of Public Works ~ If' -
REVIEWED BY: City Manager~' (4/Sths Vote: Yes_No.K)
On Apri123, 1991, the City Council adopted the Growth Management Implementation Ordinance
and held the first reading of said ordinance.
Subsequently staff has researched certain questions raised at the Council hearing regarding the
obligation of projects for which tentative maps were approved after July 11,1989, to pay future
increased fees to finance the interim SR 125 facility. Based on this evaluation, staff is proposing
certain revisions to the Growth Management Ordinance.
The second reading of the ordinance was postponed to ensure the Ordinance contained the
appropriate language to address Council concerns. Due to the revisions proposed to the
Ordinance, the City Attorney advises that Council should re-adopt the Ordinance.
RECOMMENDATION: That Council approve Ordinance No. 2448 for first reading.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The question raised at the Council hearing on April 23 regarding the Growth Management
Ordinance related to whether tentative maps approved after July 11, 1989, located east ofI-805
were properly conditioned to participate in any future fee increases to finance the cost of an
interim facility in the SR 125 corridor.
The City's established policy is to impose a transportation development impact fee at the
building permit stage to pay for transportation facilities in the City's Eastern Territories. This
is accomplished through Ordinance No. 2251 which was adopted on January 19, 1988. Since
that date, all projects have paid the Transportation DIF fee at the time of pulling building
permits.
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Meeting Date 5/21191
The number of projects (tentative maps) approved by Council since the General Plan Update
(July 11, 1989) east of 1-805 is twelve (12). These projects were conditioned appropriately by
staff to ensure compliance with the Transportation Phasing Plan and Growth Management;
however, these conditions were unnecessary to ensure payment of fees for transportation
facilities because the Transportation DIP ordinance automatically requires payment of the most
current fee at the building permit stage.
The Transportation DIP ordinance has been amended twice since its adoption in January, 1988,
once in December 1989 (Ord. No. 2349) and again in December 1990 (Ord. No. 2431). As
future studies and/or needs arise to amend the Transportation DIP, the increased fee will be
applied to all projects at the building permit stage, regardless of when the tentative map was
approved and regardless of whether the tentative map had been conditioned to comply with the
Transportation Phasing Plan and/or DIP ordinance or not. When the SR 125 interim facility
financing study is completed at the end of this year, the Transportation DIP ordinance can be
amended to incorporate the cost of the facility. Thereafter, new building permits would be
issued upon payment of the revised fee.
The changes included in the revised Growth Management Ordinance at Section 19.09.110
represent a clarification that re-states the point that projects approved after July 11, 1989, must
comply with all of the City's fee ordinances in effect at the time building permits are pulled JlliIs
prepare a Water Conservation Plan and Air Quality Improvement Plan.
The other changes to the ordinance include the most current versions of the Water Threshold
Standard and the Economic Threshold Standard, which were inadvertently left out of the
April 23, 1991, draft ordinance.
FISCAL IMPACT: Not applicable.
(A1I3.CIMOCORD)
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ORDINANCE NO. 2448 ""n
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O,o7'IQ
OF CHULA VISTA, CALIFORNIA AMENDING TITLE 19 W
OF THE CHtJLA VISTA ZONING CODE BY ADDING
CHAPTER 19.09 FOR THE PURPOSE OF MANAGING THE
CITY'S GROWTH.
The City Council of the City of Chula Vista, California does
ordain as follows:
SECTION I. This Ordinance shall be known and may be cited as
the Growth Management Ordinance of 1991.
SECTION II. Title 19 of the Chula Vista Zoning Code is
amended by the addition of Chapter 19.09, which Chapter shall read
as follows:
Sections:
19.09.010
19.09.020
19.09.030
19.09.040
19.09.050
19.09.060
19.09.070
19.09.080
19.09.090
19.09.100
19.09.110
10.09.120
19.09.130
19.09.140
19.09.150
19.09.160
19.09.170
Chapter 19.09
Growth Management
Purpose and Intent.
Definitions.
Growth Management Program.
Quality of Life Threshold Standards.
Requirement for Public Facilities Finance
Plans, Air Quality Improvement Plans and
Water Conservation Plans.
Public Facilities Finance Plan contents.
Public Facilities Finance Plan
Preparation.
Public Facilities Finance Plan Review.
Public Facilities Finance Plan
Implementation.
Public Facilities Finance Plan Amendment.
Exceptions and Exclusions.
Extensions of Prior Approvals.
Obligation to Pay Fees or Install
Improvements Required by any other Law.
Implementing Guidelines.
Council Actions, Fees, Notice.
Severability.
Facility Master Plan Reference Documents
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Ordinance No. 2448
Page 2
19.09.010 Purpose and Intent.
A. It is the policy of the City of Chula Vista to:
1. Provide quality housing opportunities for all economic
sections of the community;
2. Provide a balanced community with adequate commercial,
industrial, recreational and open space areas to
support the residential areas of the City;
Provide that public facilities,
improvements meeting City standards
available concurrent with the need
development;
4. Balance the housing needs of the region against the
public service needs of Chula Vista residents and
available fiscal and environmental resources;
3.
services and
exist or become
created by new
5. Provide that all development is consistent with the
Chula vista General Plan;
6. Prevent growth unless adequate public facilities and
improvements are provided in a phased and logical
fashion as required by the General Plan;
7. Control the timing and location of development by
tying the pace of development to the provision of
public facilities and improvements to conform to the
City's Threshold Standards and to meet the goals and
objectives of the Growth Management Program.
8. Provide that the air quality of the City of Chula
Vista improves from existing conditions.
9. Provide that the city of Chula Vista conserve water so
that an adequate supply be maintained to serve the
needs of current and future residents.
B. Findings.
The city Council of the City of Chula Vista hereby finds:
1. The demand for facilities and improvements has
outpaced the supply resulting in shortages in public
facilities and improvements including but not limited
to streets, schools, libraries and general
governmental facilities. These shortages are
detrimental to the public health, safety, and welfare
of the citizens of Chula Vista.
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Page 3
2. Since 1986, the City of Chula Vista has been
undertaking a comprehensive review of its General
Plan. As part of that review a consultant team
prepared a comprehensive report and recommendation to
the City Council. That report was subject to public
hearings by both the Planning Commission and City
Council. Included were recommendations that no new
development should occur unless adequate public
~acilities are available concurrently with need to
serve the new development.
3. Prohibiting new development unless adequate public
~acilities are available concurrently is consistent
with the City's policy to provide housing
opportunities' for all economic sectors of the
community, because sufficient opportunities for new.
housing continue to exist within the City and this
Chapter does not affect the number of houses which may
be built. In addition, development of housing for low
and moderate income persons and families would most
likely occur in areas of the City which are designated
~or highest development priority.
4. Adoption of this Chapter will not adversely affect the
regional welfare. By providing that adequate and safe
public facilities and improvements will exist to serve
all of the development in Chula Vista, and because
many of these facilities and improvements are used by
persons residing in neighboring areas and cities, the
safety and welfare of the whole region is enhanced.
5. That the Growth Management Plan Traffic Monitoring
Report prepared in 1989 found that intersections
within areas in the developed portions of the City (as
shown on the figure contained in the Growth Management
Program entitled "potential development" prepared in
1990 for 1989 traffic counts denoting both areas of
future development as well as existing development),
are operating in conformance with the adopted
Threshold Standards; and, that future large scale
developments planned for the area east of I-80S will
require the provision of major facilities including
facilities within the SR-125 corridor to accommodate
projected traffic and other needs of development in
accordance with the adopted Threshold Standards.
6. This chapter will further the policies, goals and
objectives set forth above, and will help eliminate
the public facility shortages identified above, by
requiring identification of all public facilities and
improvements required for development, by prOhibiting
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Ordinance Ho. 2448
Page 4
development until adequate provisions for the pUblic
facilities and improvements are made within the City,
as herein provided and by giving development priority
to areas of the City where public facilities and
improvements are already in place.
19.09.020
Definitions.
Whenever the following terms are used in this chapter they
shall have the meaning established by this section unless from
the context it is apparent that another meaning is intended:
A. "Available Facility and Service Capacity" shall be
determined by the Director of Planning using generally
accepted planning standards and criteria, including the
Threshold Standards established herein. Specific facility
service capacity shall be determined by subtracting from
the total capacity for a specific facility service, the
demand of existing development plus the demand that will
be created by approved development.
B. "Development" means any land use, building or other
alteration of land and construction incident thereto.
C. "Discretionary Planning Approval" means any permit,
entitlement or approval issued under the authority of the
Zoning Chapter of the Chula Vista Municipal Code, and any
legislative actions such as zone changes, general plan
amendments, sectional planning area plans or general
development plan approval or amendment.
D. "Facilities" means any schools, parks, corporation yard or
recreational areas or structures providing for fire,
library, traffic controls, streets and highways, including
curbs gutters and aidewalks, bridges, overcrossings,
street interchanges, flood control or atorm drain
facilities, sewer facilities, water facilities, lighting
facilities or other governmental services, required to be
identified in a Public Facilities Finance Plan.
E. "Facility and Service Capacity" means the maximum amount
of development which could take place prior to increasing
the number or size of a Facility or the level of Service
as determined by applying the appropriate Threshold
Standard.
F. "Growth Management Program" means a plan prepared and
approved according to Section 19.09.030 which establishes
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Ordinance No. 244E
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compliance with the Threshold Standards, as provided in
Section 19.09.040.
G. "Project" means the activity for which either an
application for a Sectional Planning Area Plan ("SPA") or
a Tentative Map has been or is required to be submitted
and which may be subject to discretionary approvals by the
City.
H. "Public Facilities Finance Plan" ("PFFP") means a project
specific Public Facilities Finance Plan prepared and
approved in accordance with Section 19.09.050.
I. "Quality of Life Threshold Standards" means those certain
standards identified in Section 19.09.040 specifying the
"facilities and services required to support the present
'and future needs of the city.
J. "SPA Plan" means a Sectional Planning Area Plan.
K. "Substantial compliance" means performance meeting the
intent of the parties with respect to the obligations
imposed pursuant to the PFFP.
19.09.030
Growth Management Program.
A. To implement the City's General Plan and to provide that
development does not occur unless facilities and
improvements are available to support that development,
the City Council shall adopt, by resolution, a Growth
Management Program. . The program shall: Identify all
facilities and improvements necessary to accommodate land
uses specified in the General Plan and the Zoning chapter
of the Municipal Code, specify size, capacity, service
level and Threshold Standards for each identified
facility; project total buildout development levels and
identify projected facility and improvement needs; provide
a policy for timing the construction of each facility and
improvement; identify the financing method or methods for
each facility and improvement.
B. The Growth Management Program will incorporate and
interpret the Threshold Standards as referenced in
19.09.040.
C. The Growth Management Program will incorporate the
Facility Master Plans for fire protection, schools,
libraries, parks, water, sewer, drainage, traffic, civic
center, and corporation yard. The Growth Management
Program will also address air quality and economic issues.
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Ordinance Ro. 2448
Page 6
D. The Growth Management Program will incorporate a defined
public facilities developme~t phasing policy. This policy
will inter-relate the timing, location, facility capacity
limitations, and fiscal/economic considerations for each
public facility and service identified in Section
19.09.040. This phasing policy will insure that approved
development has priority to available public facility
capacity and that developed areas of the City have
priority over undeveloped areas.
E. The Growth Management OVersight Commission should
annually review the Growth Management Program and prepare
an annual report and, upon doing so, shall submit such
report to the Planning Commission and the City Council.
F. The City. Council should annually review the Growth
Management OVersight Commission annual report.
G. Amendments to the Growth Management Program may be
initiated by action of the Planning Commission or City
Council, or upon request of an applicant. The City
Council shall act on the requested application.
19.09.040
Quality of Life Threshold Standards.
In order to provide that public facilities and services,
government and other utility services, and improvements are
adequate to meet present and future needs of the City, the
City Council hereby adopts Quality of Life Threshold Standards
for each facility or improvement listed below.
A. Police.
1. Emergency Response: Properly equipped and staffed
police units shall respond to 84 percent of ~Priority
One" emergency calls within 7 minutes and maintain an
average response time to all "Priority One" emergency
calls of 4.5 minutes or less.
2. Respond to 62 percent of "Priority Two Urgent" calls
wi thin 7 minutes and maintain an average response time
to all "Priority Two" calls of 7 minutes or less.
B. Fire and Emergency Medical.
1. Emergency response: Properly equipped and staffed
fire and medical units shall respond to calls
throughout the City within seven (7) minutes in 85
percent (current service to be verified) of the cases
(measured annually).
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Page 7
c. Schools.
The city shall annually provide the two local school
districts with a 12 to 18 month development forecast and
request an evaluation of their ability to accommodate the
forecast and continuing growth. The Districts' replies
should address the following:
1. Amount of current capacity now used or committed.
2. Ability to absorb forecast growth in affected
facilities.
3. Evaluation of funding and site availability for
projected new facilities.
4. Other relevant information the District(s) desire(s)
to communicate to the city and GMOC.
The growth forecast and school district response letters
shall be provided to the GMOC for inclusion in its review.
D. Libraries.
Population ratio: 500 square feet (gross) of adequately
equipped and staffed library facility per 1,000
population.
E. Parks and Recreation Areas.
Population ratio: Three (3) acres of neighborhood and
community park land with appropriate facilities per 1,000
residents east of 1-805.
F. Water.
1. Developer will request and deliver to the City a
service availability letter from the Water District
for each project.
~ The citv shall annuallv Drovide the San Dieao Countv
Water Authoritv. the Sweetwater Authoritv. and the
Otav MuniciDal Water District with a 12 to 18 month
develoDment forecast and reauest an evaluation of
their abilitv to accommodate the forecast and
continuina arowth. The Districts' reDlies should
address the followina:
L.
Water availabilitv to
considerina both
DerSDectives.
the Citv and Plannina Area.
short and lona term
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Ordinance No. 2448
Page 8
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Water availabilitv to the Citv and Plannina ~:~
considerina both short and lena
Dersnectives.
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Amount: Df current CI1Dl1ci tv. includina storaae
c_Daci~v. now used or committed.
.G.a.
Abilitv of affected facilities to absorb forecast
Growth.
JL.
Evaluation of tundina and .ita availability for
nro;ected new facilities.
L.
Other relevant information the Dist~~~~ (s\
desirefs\ to comm~nicate to the City and.
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G. Sewer.
1. Sewage flows and volumes shall not exceed City
Engineering Standards as set forth in the Subdivision
Manual adopted by City Council Resolution Number 11175
on 2/12/83 as may be amended from time to time.
2. The city shall annually provide the San Diego
Metropolitan Sewer Authority with a 12-18 month
development forecast and request confirmation that the
projection is within the City's purchased capacity
rights and an evaluation of their ability to
accommodate the forecast and continuing growth, or the
City Engineering Department staff shall gather the
necessary data. The information provided to the GMOC
shall include the following:
a. Amount of current capacity now used or committed.
b. Ability of affected facilities to absorb forecast
growth .
c. Evaluation of funding and site availability for
projected new facilities.
d. Other relevant information.
The growth forecast and Authority response letters
shall be provided to the GMOC for inclusion in its
review.
H. Drainage.
1. Storm water flows and volumes shall not exceed city
Engineering Standards as set forth in the Subdivision
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Ordinance No. 2448
Page 9
Manual adopted by City Council Resolution Number 11175
on 2/23/83 as may be amended from time to time.
2. ~e GMOC sha-ll annually review the performance of the
City's storm drain system to determine its ability to
meet the goals and objectives above.
I. Traffic.
1. city-wide: The Level of Service ("LOS") at all
intersections, City-wide, shall be "C" or better, with
the exception that LOS "0" may occur at signalized
intersections for a period not to exceed a total of
two hours per day. City-wide, no intersection shall
operate at LOS. "E" or "F" as measured for the average
weekday peak hour.
2. West of Interstate 805: Those signalize4
intersections which do not meet Standard #1 above may
continue to operate at their 1987 Level of Service,
but shall not worsen.
3. Notes to Traffic Standards:
a. LOS measurements shall be for the average weekday
peak hour, excluding seasonal and special
circumstance variations.
b. The measurement of LOS shall be by the lCU
(Intersection Capacity Utilization) calculation
utilizing the City's published Designs Standards
Policy adopted by City Council Resolution Number
15349 on 10/17/89 as may be amended from time to
time.
c. The measurement of LOS at intersections of City
arterials and freeway ramps shall be a growth
management consideration in situations where
proposed developments have a significant impact
at interchanges.
d. Circulation improvements should be implemented
prior to anticipated deterioration of LOS below
established standards.
J. Air Quality.
The City shall anually provide the San Diego Air Pollution
Control District with a 12 to 18 month development
forecast and request an evaluation of its impact on
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Ordinance No. 2448
Page 10
current and future air quality management programs, along
with recent air quality data. The growth forecast and APeD
response letters ahall be provided to the GMOC for
inclusion in its review.
K. Economics.
1.
The GMOC shall be provided with an annual fiscal
imnact report vhLeh ...~...e8 ~e a.efteai. .eft.i~ieft
af _he Bi~ aft. i~.-~..i.eftt., IftBl~.ift' a 12 Ita 15
ae,,_h .e7.1.,.aft~ fe~..a.~ aft. aft .val~a'i8ft ., 1\.
."tiei,.,.. 888"..i. .ff&.\... n. re'8~' will iJllBl\lde
.'.tia\18a .ft. lI.t. rel.78ft' _. the ..8ft.aie veIl
"ei", af reat..",. ift ,eftersl (.<ow., tlle8.. 1e":e1,
averave k.a. .~J.e., .'8.), '19.e -:i'ali'~- 8f leea1
InI8L".88 Ce.,.., !,---""er af lI\Isift888 1iB81\888,
.e..ereial ~.Baftey aft. lease ra~e8, 8te.), aRa
ai,,,i!!_."' fi.ea1 8~a",e8 V8~er tke ,ast y.a~. Tke
8...1\_.8 will 87al\late tke .,pareftt eesIl..ie effee~B
af 1e8al tle7818'8.'" ,elLey tlesisL.R. aft. rapert any
.tI-.~e.se '-Pas.. .~ ~eee..e,ule. pelley adj~B_e"~s.
which nrovides an evaluation of the imDacts of arowth
on the citv" both in terms of oDerations and caDital
illlDrovements. This r~nort IIhould evaluate ;~t~;l
arowth over the nrevious 12-month neriod. as well as
nro1ected arowth over the next 12-18 month neriod. a;:;d
3-5 year neriod.
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The GMOC shall be .nrovided with an annual "economic
JIlonitorina r.nort". which 1)rovides an analvsi~ ~f
economic develoDment activity and indicators over the
next nrevious 12-month neried. as well as nre1ected
.Growth over the next 12-18 month neriod. and 3-5 vear
neriod.
L. Amendments and Suppl_ental Thresholds.
The standards may be amended from time to time on approval
by the City Council. The Growth Management Commission,
following its annual review of the program, may make
suggestions on proposed recommendations to the City
Council. Further, City Council may supplement each
Threshold Standard and adopt procedures for its
implementation through its Growth Management Program and
Facility Master Plans.
19.09.050
Requirement for Public Facilities Finance
Air Quality Improvement Plans, and
Conservation Plans.
Plans,
Water
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Page 11
A. Public Facilities Financing Plans.
No application for a SPA Plan, or, if a SPA Plan is not
required, no application for a Tentative Map, shall be
deemed complete or accepted for review unless:
1. Zt is accompanied by an PFFP which has been approved
by the City; or
2. An PFFP which includes the Project has already been
initiated; or
3. The applicant initiates the preparation of an PFFP.
The PFFP may be waived by the City Council upon a showing
that there are no public service, facility or phasing
.needs warranting the preparation of an PFFP.
B. Air Quality Zmprovement Plans.
No application for an SPA Plan, or, if an SPA Plan is not
required, no application for a Tentative Map, shall be
deemed complete or accepted for review unless:
1. zt is accompanied by an Air Quality Improvement Plan
which has been approved by the City; or
2. An Air Quality Improvement Plan which includes the
project has already been initiated; or
3. The applicant initiates the preparation of an Air
Quality Improvement Plan in such form and/or
containing such information including maps, drawings,
diagrams, etc., as the City Planning Director shall
require.
C. Water Conservation Plans.
No application for an SPA Plan, or, if an SPA Plan is not
required, no application for a Tentative Map, shall be
deemed complete or accepted for review unless:
1. It is accompanied by a Water Conservation Plan which
has been approved by the City; or
2. An Water Conservation Plan which includes the project
has already been initiated; or
3. The "applicant initiates the preparation of a Water
Conservation Plan in such form and/or containing such
information including maps, drawings, diagrams, etc.,
as the City Planning Director shall require.
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Ordinance No. 2448
Page 12
D. No SPA Plan, nor any Tentative Subdivision Map shall be
approved or deemed approved, without an approved PFFP, an
approved Air Quality Zmprovement Plan and a Water
Conservation Plan. To provide consistency. and
implementation of said Plans, the City Council may impose
any condition to the ap~oval of a SPA Plan or Tentative
Subdivision Map necessary to implement the PFFP, the Air
Quality Zmprovement Plan, the Water Conservation Plan, the
Growth Management Program, or the Master Facility Plans.
E. No final map shall be approved until all the conditions of
the PFFP, the Water Conservation Plan and the Air Quality
Plan have been met, or the Project applicant has provided
adequate security to the City that said Plans will be
implemented.
F. No other discretionary planning approvals shall be granted
unless the City Council finds that the Project is
consistent with an approved PFFP, an Air Quality
Zmprovement Plan, and a Water Conservation Plan.
G. No building permit shall be issued unless the permit is
consistent with any applicable PFFP, the Air Quality
Improvement Plan and the
Water Conservation Plan and all applicable fees, including
but not limited to, development impact fees, traffic
impact fees, drainage fees, school fees, park fees, sewer
fees, water fees, or other development fees adopted by the
city Council have first been paid or provision for their
payment has been made to the satisfaction of the City
Council.
H. No development shall occur in a PFFP area if the demand
for any public facilities and services exceeds capacity
and it is not feasible to increase capacity prior to
completion of development unless means, schedule and
financing for increasing the capacity is established
through the execution of a binding Agreement providing for
installation and maintenance of such facilities or
improvements in advance of City's phasing schedule.
19.09.060
Public Facilities Finance Plan Contents.
A. A PFFP shall contain a complete description of the
proposed development project and a complete description of
all public facilities included within the boundaries of
the Plan as defined by the Director of Planning. The Plan
shall contain a description of the individual and
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Ordinance No. 244l
Page 13
CUJIlulative impacts or the proposed development on the
community as it relates to the Growth Management Program,
the specific Facility Master Plans and the Threshold
Standards.
B. The PFFP shall consist or maps, qraphs, tables, and
narrative text and shall be based upon the General Plan
and zoning applicable within the area of impact. The PFFP
shall be consistent with the Growth Management Program and
Threshold Standards and shall implement the Growth
Management Program within the area.
C. The boundaries of the PFFP shall be established by the
City at the time a SPA Plan or Tentative Map is submitted
by the applicant. The boundaries shall be based upon the
impact created by the Project on existing and future need
. for facilities. The project boundaries will correlate the
proposed development project with existing and futurtt
development proposed for the area of impact to provide for
the economically efficient and timely installation of both
onsite and offsite facilities and improvements required by
the development. In establishing the boundaries for the
PFFP, the City shall be guided by the following
considerations:
1. Service areas or drainage or sewer basins which serve
the Project;
2. Extent to which facilities or improvements are in
place or available;
3. ownership of property;
4. proj ect impact on public facilities relationships,
especially the impact on the City's planned major
circulation network;
5. Special district service territories;
6. Approved fire, drainage, sewer, or other facilities or
improvement master plans.
D. The boundaries shall be established by resolution after a
public hearing notice of which is given pursuant to
Section 19.12.070.
E. The PFFP shall show how and when the facilities and
services necessary to accommodate development within the
area will be installed or financed:
1. Police
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Ordinance No. 2448
Page ~4
2. Fire/EMS
3. Schools
4. Libraries
5. Parks and Recreation
6. Water
7. Sewer
8. Drainage
9. Trarric
10. Civic Facilities
~1. Corporation Yard
F. The PFFP shall include the following information with
regard to each facility and service listed in
subsection E:
1. List of Facilities and Services
A list or schedule of facilities and service
requirements correlated to individual development
projects within the area.
2 . :Inventory
An inventory of present and future requirements for
each facility and service based upon the Threshold
Standards. The inventory shall include Life Cycle
Cost ("LeC") projections for each element in
19.09.060(E) above as they pertain to City fiscal
responsibility. The LeC projections shall be for
estimated life cycle for each element analyzed. The
model used shall be able to identify and estimate
initial and recurring life cycle costs for the above
elements. Because requirements for certain facilities
and services may overlap plan boundaries, the plan
shall address the need for coordination and shall
propose a coordination plan for facilities and
services extending from one project boundary area to
another. Cost estimates for funding public facilities
and services directly related to the impact created by
the Project as well as for proposals for funding
existing deficiencies required by the project prior to
the phasing schedule set forth in the Growth
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Ordinance No. 2448
Page 15
Management Program shall be included. It must be
shown that development in the area will not reduce the
existing facilities or services capabilities within
the Project boundaries or create facilities or
improvements shortages in other areas or reduce
capability in any area below the Threshold standard
which is established pursuant to Section 19.09.040.
The growth inducing impact of the out of area
improvements shall be assessed and mitigation
provided, if appropriate, to the satisfaction of the
city Council.
3. Phasing Schedule
A phasing schedule, which complies with the adopted
development phasing policy as set forth in the Growth
Management Program and the Threshold Standards which.
establishes the timing for installation or provisio~
for facilities and services required by the project.
The phasing schedule shall ensure that development of
one area will not utilize more than the area's prorata
share of facility or service capacity within the
projected service area of a facility unless sufficient
capacity is ensured for other areas at the time of
development. The phasing schedule shall include a
schedule of development within the area and a cash
flow analysis for financing of facilities and services
for the PFFP area. The phasing schedule shall
identify periOds where the demand for facilities and
improvements may exceed the capacity and provide a
plan for eliminating the shortfall. If a Project
cannot demonstrate consistency with the phasing
schedule, the PFFP must demonstrate to the City's
satisfaction, how facilities required for the
Project in advance of the phasing schedule as set
forth in the Master Plan will be provided. If no
Facility Master Plan or Threshold Standards exists for
a particular facility, the PFFP for the project must
demonstrate, how that facility will be provided and
financed in a phased and timely manner.
4. Financing Plan
A financing plan establishing specific methods of
funding each facility and service identified in the
PFFP which allocates the cost to the various
properties within the plan area. The plan shall
identify those facilities and services which would
otherwise be provided as a requirement of processing
a development project (i.e. requirements imposed as a
condition of a development permit) or provided by the
developer in order to establish consistency with the
(, --/7
Ordinance No. 2448
Page 16
General Plan, Growth Management Program, Facility
Master Plans or this Section, and those facilities and
improvements for which new funding methods which shall
be sufficient to ensure that funds are available to
construct or provide facilities or services when
required by the phasing schedule for the Project.
Where facilities or services are required for property
within the PFFP area, other than the Project, the
phasing plan shall identify those other properties and
the PFFP for each property shall be coordinated.
Coordination, however, shall not require identical
funding methods.
G. The PFPP shall establish the proportionate share of the
cost of facilities and services identified in the Growth
Management Program and the Master Facilities Plans
attributable to the development of each property in the
PFFP area.
H. In the event that an applicant provides private financing
for public facilities or services to service a Project in
advance of the normal time frame for constructing such
facilities, the approval of credits against any city fees
for such advanced private financing may be postponed until
the estimated time of such construction as specified in
the specific Facility Master Plan or the City's Capital
Improvement Program budget. In lieu of a Facility Master
Plan phasing schedule, such determination shall be made by
the City Council after reviewing information from the
Planning Director, City Engineer, Finance Director, and
Deputy City Manager. In no event shall a developer
receive interest on funds for providing public facilities
or services in advance of the City's schedule. The
developer shall also become responsible for the maintenanc
e and operation costs associated with the early
construction of said facility. No repayment will be made
to the developer for the funds provided for maintenance
and operational costs. All repayments will be considered
in accordance with the City's projected construction dates
for said facilities.
I. Assessment districts requested by the developer shall not
be given credit for facility fees when a facility is
constructed above the standards established by the
respective facility master plan or standards imposed as
conditions on the approval of the project by the City
Council.
J. A fiscal analysis/economic impact report shall be provided
identifying capital budget impacts on the City as well as
maintenance and operation costs for each proposed phase of
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Ordinance No. 2446
Page 17
development. The report shall include an analysis of the
Project impact on school districts and water agencies as
well as the life cycle analysis set forth in Section F.2.
Each year during the development of the Project, the
Director of Planning may require the applicant to provide
the City with an updated fiscal impact report reflecting
the actual revenue and expenditure impacts based upon the
development of the Project. The project shall be
conditioned to provide funding for periods where
expenditures exceed projected revenues.
IC. Developer contributions shall not be required as a source
of funding for that proportion of the cost of any facility
or service that is needed to reach Threshold standards due
to the demands created by existing development.
19.09.0 70 Public Facilities Finance Plan Preparation.
.
A. An PFFP, an Air Quality Improvement Plan, and a Water
Conservation Plan may be processed concurrently with the
SPA Plan or Tentative Map.
B. A PFFP may be initiated by filing an application with the
Planning Director. The applicant shall pay a deposit at
the time any application for a PFFP is accepted.
C.
A PFFP for
consultant
procedures
a project shall be prepared by the City,
selected by the City, according to
established by this section.
or a
the
D. The cost of PFFP preparation shall be advanced to the City
by the applicant and any participating owner or owners
prior to PFFP preparation.
19.09.080
Public Facilities Finance Plan Review.
A. PFFP's shall be reviewed according to the following
procedure:
1. A completed PFFP complying with this chapter, and
accompanied by a processing fee in an amount
established by City Council resolution, may be
submitted to the Planning Director for processing. If
the Planning Director determines that the plan
complies with the provisions of this Chapter, the
Director shall accept the PFFP for review. Once the
PFFP has been reviewed and complies with the
provisions of this Chapter, it shall be set for public
hearing before the Planning Commission together with
the accompanying development plan.
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Ordinance No. 2448
Page 18
2. The hearing shall be noticed according to the
provisions of Section 19.12.070. A staff report
containing recommendation on the PFFP shall be
prepared and furnished to the public, the applicant,
and the Planning Commission prior to the hearing.
3. The Planning Commission shall hear and consider the
application and shall by resolution prepare
recommendations and findings for the City Council.
The action of the Commission shall be filed with the
City Clerk, and a copy shall. be mailed to the
applicant.
4. When the Planning Commission action is filed with the
City Clerk, the Clerk shall set the matter for public
hearing before the City Council. The hearing shall be
noticed according to the provisions of
Section 19.12.070.
5. The City Council shall hear the matter, and after
considering the findings and recommendations of the
Planning Commission, may approve, conditionally
approve, or deny the plans. The City Council may
include in the resolution adopting the PFFP any fees
or facilities improvement requirements provided for in
City ordinances in order to implement the Growth
Management Program, the Master Facility Plans and the
PFFP.
6. A PFFP may be amended following the same procedures
for the original adoption.
19.09.090
Public Facilities Finance Plan Implementation.
A. The City Manager shall monitor the development activity
for each PFFP and shall require the preparation of an
annual report by the applicant consisting of maps, graphs,
charts, tables and text and includes a developmental
activity analysis, a facilities and improvements adequacy
analysis, a facility revenue/expenditure analysis and any
necessary amendments to the PFFP, if necessary.
B. In the event that the City Council finds that the Project
is not in substantial compliance with the PFFP as modified
or amended, the developer shall be deemed to be in default
and no further building or development permits shall be
issued and development shall cease.
19.09.100
Public Facilities Finance Plan Amendment.
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vmo7.wp Ordinance No. 2448
Page 19
A. Adoption of a PFFP does not establish any entitlement or
right to any particular General Plan or zoning designation
or any particular development proposal.
B. fte city Council shall annually review the PFFP Report
prepared by the applicant at the time it considers the
Growth Management Oversight Commission Annual Report.
C. If the city Manager determines that facilities or
improvements within a PFFP are inadequate to accommodate
any further development within that area the City Manager
shall immediately report the deficiency to the City
Council. If the city Council determines that such events
or changed circumstances adversely affect the health,
safety or welfare of city, the city may require the
amendment, modification, suspension, or termination
-(hereinafter "change") of an approved PFFP. If the City
requires such change, the City shall (i) give Notice to
applicant or owner of (a) City's intended action to change
the PFFP, and (b) the reasons and factual basis for City'S
determination; (ii) give Notice to the applicant or owner
at least thirty (30) days prior to the hearing Date, of
the time and place of the hearing; and (iii) hold a City
Council hearing on the determination, at which hearing the
applicant or owner shall have the right to present
witnesses, reports, and oral and written testimony. Prior
to approving any change, the City shall find that: (i) the
circumstances were unknown or that the circumstances have
changed; and, (ii) the health, safety or welfare of the
community require the change of the PFFP. This provision
shall neither limit nor expand the rights of liabilities
of either of the Parties with respect to the PFFP or the
Development of the Property.
If, after notice and hearing, the Council determines that
a deficiency exists then no further building or
development permits shall be issued within the affected
area, and development shall cease until an amendment to
the applicable PFFP which mitigates the deficiency is
approved by the City Council.
D. The City council may initiate an amendment to any PFFP at
any time if, in its discretion, it determines that an
amendment is necessary to provide adequate facilities and
improvements and subsequent permits will be conditioned on
conformance.
19.09.110
Exceptions and Exclusions.
A. Building Permits for Approved Projects.
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Ordinance No. 2448
Page 20
Building permits will be issued for Projects for which eH,
relf\l1relllle-.-elep.eft_ pa_i~a tentative maDS were issued or
approved on or before the effective date of the General
Plan Update adopted July 11, 1989, and upon payment of all
required fees, except that Projects with SPA Plans or
Tentative Maps approved after July 11, 1989, and prior to
the effective date of this ordinance shall not be issued
building permits until the Dermit aDDlicant shall have
comnlied wi~h all condi~ions of existina tentative man~:
and. an Air Quality Improvement Plan and a Water Conser-
vation Plan has been approved by the City Council. and ;~e
~ermit .nnlicant has naid all Park Acauisition d
Develonment Fees. Public Facilities DevelQnment rmD&ct
Fees. TransDort:ation Develonment Imnact Fees. Drainaae
Fees. and such other fees imDosed bv the City in effect at
the time the buildina Dermits are Dulled. Nothinq in this
paragraph shall alter or amend the terms and conditions of
any Development Agreement entered into between the City
and a developer or any tentative maD. SPA. PFFP. GDP. or
any other nlan issued bv the City.
B. Developed Portions of City.
It is the policy of the City to encouraqe development in
areas where public facility thresholds are met before
allowinq development in areas where facilities and
improvements are not assured to meet the needs of such
development. Accordinqly, pursuant to the findinqs in
Section 19.09.010 of this Ordinance, that adequate
facilities within the developed portions of the City ee
shown as "Existina DeveloDment" in the fiqure of the
Growth Manaqement Program "Potential DeveloDment" attached
as Exhibit A. aa raferaftsell 1ft 19.99.919 85, ar ~eir
stissesser previaiefts, are operatinq in conformance with
adopted Threshold Standards, those portions of the City
shall be exempt from the provisions of this Ordinance
requiring the preparation of a PFFP, Air Quality
Improvement Plan, or a Water Conservation Plan.
C. Exclusions.
Development projects which consist of facilities, or
structures constructed by a city, county, special
district, state, or federal government or any aqeney,
department, or subsidiary thereof for governmental
purposes are excluded from the provisions of this chapter.
To the extent that the City has authority to requlate such
development projects, such projects shall not be exempt.
This exclusion shall not apply to development projects to
which a possessory interest tax would be applicable.
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911107. wp
Ordinance No. 244l
Page 21
19.09.120
Extensions of Prior Approvals.
After approval of an applicable PFFP for a development
project, an extension of the expiration date of a tentative
subdivision map may only be granted if the project is in
conformance with the PFFP and the Growth Management Program.
The extension may be conditioned on such matters as the City
dee1llS just, including, but not limited to, compliance with the
applicable public facilities finance plan.
19.09.130
Obligation to Pay Fees or Install Facilities
Required by any other Law.
Nothing in this chapter shall be construed as relieving "
builder, developer or subdivider from any requirement tr
provide public facilities, to dedicate property or to paj
fees, which requirement is imposed pursuant to this Code o~
pursuant to any City Council policy.
19.09.140
Implementing Guidelines.
The City Council may adopt any quidelines it deems necessary
to implement this chapter, inclUding a Growth Management
Program or Master Facility Plan.
19.09.150
Council Actions, Fees, Notice.
A. Whenever this chapter requires or permits an action or
decision of the City Council, that action or decision
shall be accomplished by resolution.
B. The City Council shall establish application and
processing fees for the SUbmission and processing of
Public Facilities Financing Plans.
C. Whenever written notice is required to be given to
property owners under this section the notice shall be
mailed by first class mail to the owners shown on the last
equalized assessment roll.
19.09.160
Severability.
If any section, subsection, sentence, clause or phrase of the
ordinance codified in this chapter is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance codified
in this chapter. The City Council declares that it would have
passed the ordinance codified in this chapter and each
b15
Ordinance No. 2448
Page 22
,
section, subsection, sentence, clause and phrase thereof,
irrespective of the fact tha~ any part thereof be declared
invalid or unconstitutional.
19.09.170
A. Police
B. Fire/EMS
C. Schools
D. Water
E. Sewer
F. Libraries
G.
Parks ,
Recreation
H.
Drainage
G.
'!'raffic
J.
Air Quality
Facility Kaster Plan Reference Documents
"A master Plan for the Chula Vista Civic
Center Solving City Space Needs Through Year
2010," dated May 8, 1989
"Fire Station Master Plan," dated March 23,
1989
Sweetwater Union High School District
Sweetwater Union High School District Long
Range Comprehensive Master Plan," dated
November 1984
Sweetwater - "Sweetwater Authority Water
Master Plan," dated December, 1989
"City of Chula Vista Wastewater Master
Plan," dated July 19, 1989
"Chula Vista Public Library Master Plan.
Facility Planning to the Year 2010," dated
April 30, 1987
There is no existing detailed master
plan. The Chula Vista General Plan Parks and
Recreation Element dated July, 1990 serves as
the parks master plan
"City of Chula Vista Public Facilities
Plan Flood Control Summary Report, dated
March 1989 (Phase II)"
"East Chula Vista '!'ransportation Phasing
Plan," approval date pending
No local Master Plan exists for Air
Quality.The Air Pollution Control District is
updating the Air Quality Maintenance
Program to comply with the California Clean
Air Act."
SECTION III. This ordinance shall be in full force and effect
on the 30th day after the final adoption hereof by the City Council
on the affirmative vote of three of its members.
~-2 'f
CJDlo7.wp
Presented by:
Robert Leiter
Director of Planning
t ..Zs
Ordinance No. 2448
Page 23
Approved as to form by:
Bruce M. Boogaard
city Attorney
TInS PAGE BlANK
,'z,