HomeMy WebLinkAboutOrd 1976-1668 ORDINANCE NO. 1668
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 17 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING
THERETO A NEtQ CHAPTER 17 .10 CONTAINING SECTIONS
17 . 10 . 010 THROUGH 17 .10. 130, AND REPEALING ORDINANCES
NOS . 1366 SECTION II AND 1492 AND SECTIONS 17 .08.440
THROUGH 17 , 08 . 490 OF THE CHULA VISTA MUNICIPAL CODE,
AL+L,RELATING TO PI.RK LAND DEDICATION AND IN LIEU FEE
REQUIREMENTS FOR THE ACQUISITION AND DEVELOPPiEI3T OF
PARK LANDS AND OPEN SPACE AND THE DEDICATION OF
_ S.CHOOL SITES
The City Council of the City of Chula Vista does ordain
as follows :
SECTION I : That Title 17 of the Chula Vista Municipal
Code is hereby amended by adding thereto a new Chapter 17 .10 con-
taining Sections 17 . 10 .010 through 17 . 10 . 130 to be and to read as `
follows :
CHAPTER 17. 10 PARK LANDS AND PUBLIC FACZLITIES .
Sec. 17 . 10 .010 Dedication for Park and
Recreational Purposes.
.
Pursuant to the authority granted by Section 66477
of the Governnent Code of the State o£ California,
every subdivider shall, for the purpose of providing
park and recreational facilities directly benefiting
and serving the residents of the regulated subdivision,
dedicate a portion of the land or, in lieu thereof, pay
a fee for each dwelling unit in the subdivision or do
both, as required by this chapter. Said dedication or
payment of fees in lieu thereof shall be applicable to
all residential subdivisions of any type allowed under
the various and several residential zones of the City
of Chula Vista.
Sec. 17 . 10 , 020 Determination of Park and Recre-
ational Requirements Benefiting
Regulated Subdivisions.
The park and recreational facilities for which dedi-
cation of land and/or payment of a fee is required by
this chapter shall be those facilities set forth in
the Park and Recreational Element of the General Plan
of the City of Chula Vista adopted by Resolution No.
3519 on the 22nd day of Septeiaber, 1964 , and as there-
after amended.
Sec. 17 . 10. 030 Application.
The provisions of this chapter shall apply to all
subdivisions and divisions created by parcel maps
which increase the number of permissible dwelling
units as that phrase is de£ined in Section 66410 of
the Government Code of the State of California, ex-
cepting therefrom industrial and completely commercial
, .
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• subdivisions and those subdivisions or divisions of land
for which tentative subdivision or parcel maps have been
filed within thirty (30) days after the effective date
of this chapter.
Sec. 17 . 10 . 040 Area to be Dedicated - Required
When - Amounts for Certain Uses.
Amount of park land dedication required in accordance
with Sections 17 . 10. 010 through 17 . 10 . 130 shall be as
follows :
A. Single-family duielling units: 3 .7 persons per
dwelling unit 322 square feet per unit or one acre
per 135 units;
B. Attached, cluster housing or planned unit develop-
ments under either condominium or subdivided ownership:
3 . 1 persons per dwelling unit 272 square feet per unit
or one acre per 160 units;
C. Duplexes : 2 . 5 persons per dwelling unit 218
square feet per unit or one acre per 200 units;
D. Multiple-family dwelling units: 2 .0 persons per
dwelling unit 174 sguare feet per unit or one acre
per 250 units;
E. Mobile homes: 1 . 8 persons per dwelling unit 157
square feet per unit or one acre per 278 units .
These amounts of land shall be offered at the time of
filing of the final map. If , in the judgment of the City,
suitable land does not exist within the subdivision, or
for subdivisions containing fifty lots or less, only the
payment of £ees in lieu of land and improvements may be
required. In such cases the amount of the fee shall be
equivalent to the value of the land which would otherwise
be required to be dedicated, plus the value of the im-
provements required under Section 17 .10 . 070 of this code.
[9here the City deems that a combination of dedication
and payment, as provided in this section, would better
serve the public and the park and recreation needs of the
future residents o£ a particular subdivision, it may re-
guire such combination.
Sec. 17 . 10. 050 Fair ldarket Value - Method of
Determination.
"Fair market value" shall be determined as of the
time of filing the final map in accordance with the
following:
A. The fair market value as determined by the City
Council based upon the then assessed value , modified
to equal market value in accordance with current
practice of the County Assessor; or
B. If the subdivider objects to such evaluation he
may, at his expense , obtain an appraisal of the pro-
perty by a gualified real estate appraiser approved
by the City, which appraisal may be accepted by the
City Council if found reasonable.
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Sec. 17. 10 . 060 Combination of Dedication and
Fee Paynent Permitted When.
The following circumstances may arise which require
, a combination of the dedication of land and payment of
fees :
A. Only a portion of the land to be subdivided i_s
proposed on the general plan as the location for a
local park. That portion of the land within the sub-
division falling caithin the park location as shown
on the general plan shall be dedicated for local park
purposes, and a fee shall be required for any addi-
tional land that would have been required to be
dedicated.
B. A major part of the local park or recreation site
has already been acquired, and only a small portion
of land is needed £rom the subdivision to complete
the site. The renaining portion shall be required by
dedication, and a fee required for the remainder to
pay £or improvement of the park and recreation facili-
ties in the area serving the subdivision.
C. A residential development may constitute only a
small portion of a particular neighborhood park dis-
trict and upon completion of the subdivision, which
may be the only developed area in said district, there
may be no need for a fully improved neighborhood park.
Under such circumstances the developer may be required
to dedicate land in accordance with Section 17 . 10. 040
herein, and in addition thereto deposit the £ollowing
fees for development of the park in the £uture:
1. Single-family dwellings : $130 .00 per unit;
2 . Attached, cluster housing or planned unit
developments under either condominium or
subdivided ownership: $100 .00 per unit;
3 . Duplex units: $85 .00 per unit; �
4 . Multiple-family units: $70 . 00 per unit;
5 . idobile homes : $65 .00 per unit.
For the purpose of implementing the above fee schedule,
any rooms as shown on plans submitted by the subdivider,
regardless of their designation thereon , which may be used
for bedroom purposes shall be regarded as a bedroom. Resi-
dential motels and hotels and transient motels and hotels
shall only be required to deposit. in lieu £ees pursuant
to the schedule in Section 17 . 10 .040 ,
Sec. 17 . 10 . 070 Subdivider Park Development
Responsibility - Specifications.
In addition to the dedication of land as required in
Section 17 . 10 . 040 above, it shall be the responsibility
of the subdivider to develop such land for park purposes
in accordance with the following general criteria:
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A. Park lands are to be graded in accordance with
a plan which shall be subject to the approval of
, the Director of Parks and Recreation;
B. All street improvements shall be installed;
C. All utilities shall be extended to the property
line;
D. An automatic irrigation system shall be installed;
E . Turf shall be installed;
F. One tree per thousand square feet of land area
shall be planted.
In the event the City determines that the improvement
of the park land shall be delayed for a substantial
period of time after said park land has been dedicated,
the subdivider shall not be required to install such
improvements, but instead shall pay the fee indicated
in Section 17 . 10 . 060 above .
Sec. 17. 10. 080 Limitations on Use of Land and
Fees. .
The land and fees received under this chapter shall
be used only for the purpose of providing park and rec-
reational facilities to serve the subdivision for which
received and the location o£ the land and amount of fees
shall bear a reasonable relationship to the use of the
park and recreational £acilities by the future inhabi-
tants o£ the subdivision.
Sec. 17 . 10 . 090 Commencement of Park Developnent.
The City will acquire land for park purposes within
' . a specific facilities service zone as soon as su£ficient
funds are available, and will commence improvements at
the time building permits have been issued relative to
at least eighty percent (808) of the residentially zoned
property within the specified zone. Improvenent shall
continue based upon revenues received within each zone.
Sec. 17. 10 . 100 Collection and Distribution of Fees.
Prior to, the acceptance oP a final subdivision map
or approval of a parcel map, any required fees shall
have been paid to the City. Any land to be contributed
for the purposes outlined in this chapter shall be dedi-
cated to the City and shown on such final subdivision
or parcel map. The Director of Finance of the City of
Chula Vista shall be responsible for the collection and
distribution of fees as set forth in this chapter, and
the City Council shall review, at least annually, the
Park and Recreational Element of the General Plan, in-
cluding the service areas for parks reguired to be dedi-
cated or acquired pursuant to the terms of this chapter.
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Sec. 17. 10.110 Periodic Review and Amendment
Authorized.
Costs, population density and local conditions change
over the years and the specified formula for the payr.ient
of fees for acquisition of park sites as stated herein
is subject to periodic review and amendment by the City
Council.
Sec. 17 . 10 . 120 Dedication of School Sites.
A. DweZling Unit Defined for School Site Dedication.
"Dwelling Unit" as used in this chapter means a
place of residence and may be located in either a
single or multiple dwelling unit building.
B. Subdividers Must Offer SchooZ Site .
Every subdivider and his successor who, within
three (3) years or less , develop or complete the devel-
opment of one or more subdivisions comprised o£ a single
parcel or contiguous parcels having more than four hun-
dred (400) dwelling units within the Chula Vista City
School District or the Sweetwater Union High School
District shall dedicate to the school districts such
lands as the Council shall deen to be necessary for
the purpose of constructing thereon schools necessary
to assure the residents of the subdivision adequate
school service.
C. Exemption from SchooZ Site Dedication.
The provisions of this chapter shall not be appli-
cable to a subdivider who has owned the land being
subdivided for more than ten (10) years prior to the
filing of the tentative maps.
D. Nonacceptance of Offer Terminates Sehool Site
Dedication.
The requirement of dedication shall automatically
terminate unless the Chula Vista City School District
or the Sweetwater Union High School District offers to
enter into a binding commitment with the subdivider to
accept the dedication within thirty (30) days after
the requirement is imposed by the Council.
E . Time to Dedicate SehooZ Site .
The required dedicatiD'n may be made at any time
prior to the construction of the 401st dcaelling unit.
F. Payments to Subdivider for SchooZ Site Dedications.
The Chula Vista City School District or the Sweet-
water Union High School District shall , if they accept
said dedications , repay to the subdivider or his suc-
cessors the subdivider' s original cost of the dedicated
land, plus a sum equal to the total of the following
amounts:
1 . The cost of any improvements to the dedicated
land since acquisition by the subdivider.
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2 . The taxes assessed against the dedicated land
from the date demand 'for dedication is made.
3 . Any other costs incurred by the subdivider in
maintenance of such dedicated land, including
interest costs incurred on any loan covering
such land.
Sec. 17. 10. 130 Principles and Standards .
The following principles and standards are intended
to serve as a general guide in determining the neighbor-
hood facilities £or which sites normally will be required
in accordance with the General Plan:
A. An elementary school site of approxinately ten
(10) acres will be required for each six hundred
(600) families , more or less , required to be served
by such school. Such school site shall be central to
the population to be served and shall not be fronted
on a major thorough£are.
B. Whenever possible, playground and neighborhood
recreation areas shall be developed in conjunction
with elementary school sites . A park site, if re-
quired, shall not normally be less than seven (7) acres
in area, except that such site, when adjacent to a
school, shall not normally be less than three (3) acres
and such sites shall specifically include areas with
natural advantages for park development.
SECTION II : That Section II o£ Ordinance 1366 and -al•1�?.of Ordi-
nance 1492 be , and the same are hereby repealed.
SECTION III : That Sections 17. 08. 440 through 17 . 08. 490
of the Chula Vista Piunicipal Code be , and the same are hereby repealed.
SECTION IV: This ordinance shall take effect and be in full
force on the thirty-first day from and after its adoption.
Presented by Approved as to form by
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D. J. Peterson, Director o George D': Lindberg, City Attorney
Planning
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ADOPI�D A�iD P3PROVED 3Y TiiE CITY COUi1CIL OF THE CIiY OF
Ce�ULA VIS1^A, CALIFORidIA this 24th day of February �
197 6 , by t:Ze following vote, to-wit :
AYES : CounciZmen Egdahl , Hobel , Hamilton, Hyde
:IAYES : Councilmen NOn2
A3SEidT : Councilmen $COtt
Mayor oj the City of Chula V ' ta
ATTES�
City Zer <
�TATE OF CALIFOR:dIA )
COUNTY OF SA1V DIEGO ) ss .
CZTY OF CiIULA VISTA )
I, JENNIE M. cULASZ, CMC, City Clerk of the City oj Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a fuZl,
true and correct copy of and
that the same has not been amended or repealed.
DATED
City CZerk
(SEAL)
CC-660
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