HomeMy WebLinkAboutOrd 1989-2309 ORDINANCE 2309
PEOPLE'S PROPOSED ORDINANCE'
AN ORDINANCE THAT REQUIRES CONTROLS BE PLACED ON THE
GROIRrrH THAT CAN OCCUR IN CHULA VISTA AND ITS SPHERE OF
INFLUENCE AND ENSURES THAT: (t) THOSE RESPONSIBLE FOR
FUTURE GROWTH PROVIDE FOR, IN ADVANCE OF ANY FUTURE
GROIRrI'H, THE HEEDS OF CHULA VISTA ASSOCIATED WITH SUCH
GROWTH TO INCLUDE NEV/CITY STREETS, UPGRADING CURRENT
CITY STREET~ SCHOOL FACILITIES, WATER AND SEWER SYSTEMS,
RECREATIONAL'AND PARK FACILITIES, AND, (2) FUTURE GROWTH
CONSCIOUSLY ADDRESSES ANY IMPACT ON THE CITY'S
· ENVIRONMENTAL QUAIJTY AND QUALITY OF LIFE IN GENERAL
'rite people of the CIty of Chufa Vieta do ordain and hereby add Chapter i9.80 to
' the Chute VIsta Municipal Code es follows:
Chapter 19.80, CONTROLLED RESIDEIflIAL DEVELOPMENT
Chapter 19.80, CONTROLLED RESIDENTIAL DEVELOPMENT
Sections:
19.80,10 Findings -
19.80.20 Statement of Purposes and Intent
19.80.30 No Development Without Adequate Public Services and
· Facilities
19.80.40 Funding of Public Se~'inee and Faclritiaa
lg.,o.,o
Tim Renovation or Expansion of Public Sayices and
· 19,80,60 Limitations of Residential Development Exemptions
19.80.80
19,80.90 Ordinances in Conflict
19.80.100 Modfficetion
19.80,110 Statement of Voter intent
19.80.120 Judicial Review
. 19.80.130 Severability
19.80.140 Codification
19.80.150 Effective Date
19.80.160 Publication
SECTION 19.80.10 FINDINGS,
a. The Ci Council of Chuia Vista has had more than adequate time to produce
a General Ran ~at will protect the quality of life and home town character of Chula
Vista, now and in the future, and has failed to do so.
b. The city is experiencing a edod of intense residential development which
adverady affects the health, safety andPweifaro of the citizens of Chuia Vista, and;
c. This Intense development has ovedceded the ca .p. acity of the c' streets and
thoroughfares to move tmff'm safely, efficiently, and has faded to meet 1~c demands,
and;d. This Intense devd~pment has impacted neighborhood schools' capacity to
absdrb children, and;
e..This intense devdopmer~t has overburdened existIng open space for
reereetional facilities and parks and
f. This intense development has hindered the city's ability to provide police, fire
end paramedic protection at a satisfactory level.
SECTION 19.80.20 STATEMENT OF PURPOSES AND INTENT.
a. Chuia Vista has experienced and cont hues to expedence uncontrolled rapid
residential growth. This unprecedented growth is having a sedous impact on the city's
traffic flow, schools, street maintenance, water and sewer services, environmental
quality and the city's overall quality of I'Ve today and in the foreseeable future. The
u ose of this measure is to qualify an effective and fair growth management ordinance
~r~onitiative petition of the voters, one that w II contro growth and protect the quality of
I':fYe. This measure is not designed to halt quality growth, but to ensure that rampant,
unplanned development does not overtax facilities and destroy the quality .end home
town character of Chuia Vista. '
b. It is the intent of the sop e of the city to betler p an for and control the rate of
residential growth in the city ~ order that the serv ces provided by city, school, park,
utility and/or service a encms operating In the city can be properly and effectively
eta ed In a manner ~t~ich will not overextend e~jsting fadilties, and in order that
deSCent sendices may be brought up to requred and necessa standards while
minimizing, by means of Ion -ran e financial planning, the avoid/able problems of
shodsighted piecemeal gro~t~. ?n~ order to accomplish this, this ordnance will
guarantee that any fees collected for drainage, schoo s, streets, utilities, parks and
recreation facilities shall be collected or assured by the devdopers in advance of
development impacts and shall be ropefly utitized and spent by the ci or agency in a
Ordinance 2309
c. It is the intent of the people of the city to establish control over the quality and Page 2 o f 3
rate of growth of the city in the interest of:. preserving the'character of the community;
protecting the open space of the , protecting the quality of life in the city ensudn
the adequacy of city facilities, scc~o~Pl facilities, recreation mad park faciites an~
sentices; ensuring the balanced development of the city;, prevmatng further the
significant deterioration of eovironmeotal quality; ensudng that the future traffic demands
do not exceed the capacity of streets; ensuring the character of the ' 's existing
neighborhoods are preserved; ensuring the adequacy of fire and police anc~tparamed c
protection; and masuring adequate water and sanitary sewer systems.
.o oEvELoPME.T . .OUT ADEO,.TE PUBL,C SE. CES
The City Council shaft ensure that the revised General Ran wi~ have a specific clement
known as the "Public Services and Facilities Element". The pu ose of the clement s to
ensure development shall not occur in the City of Chuis C~sta that wou d degrade
existing public services mad facilIties below acceptable standards until eli additional
necessm,/ ubftc services and facilities required for that devdopment are assured or
scheduled })otr timely cempleUon as determined by the City Council in accordance with
but not limited to the following cdterta:
e. if the existing major city streets and thoroughfares do not have the capacity tO
accommodate the proposed devdopment without substantially altering existing traffic
patterns or ovedoadin the existin street s tern then COnstruction or wdening of a '
major link or links in tffe major tre~c netwo~2shall be staged as necessary to ensure
runoff of the proposed develo ment, then incremen~ construction of major mad/or
minor water course fadlities sha~l be required.
c. If the existing water storage and dletdbution systems cannot service the needs
of the proposed development, then incremental COnstruction of major water system
improvements shell be required.
d. If the adstin city parks and recreation faciitties are, accordng to the
established standards, ~nadequate to serve the proposed devdopmmat, tlnanelng mad/or
COnetraction of parks end recreation radiities shall be required.
e. The Rra mad Police Departments.shell have the cepadty to provide fire and
poftce protection in accordance with established response standards and fiscal policies
of the city. ·
- f, The ap ropriste school districts shall have the capacity to absorb the child~n
expected to inh~a~It the roposed developmenL .
· The libraries sKall have the capacity to properly serv ca the people expected to I
hebg~ the proposed development.
h. The capacity of sanitary sewer p ants and effluent lines to dispose of waste of
· roposed development shall be sufficient, or contdbutions by the proposed
ever;pment tOWard additional COnstruction of additional sewer system improvements
shaft be required.. .
SECTION 19.80.40 FUNDING OF PUBLIC SERVICES AND FACILITIES.
a. The City Council shaft require that an indlvldua, padncrship, jdint venture or
eorporetion receiving approval of a tentative su;~div s on ma or any other discretionary
approvals for any. development project shall assure · funanPs necessary to meet Public
Service and Facitity Element needs and assure developer's participation in the timely
construction and financing of facilities.
b. Assurance of construction end itnanelng is defined as any acceptable
ancing method including but not limited to bonding, reimbursement agreements,
evelopment agreements, assessment districts, community facilities districts that
provides assurance to the ci that the raquked funds or Im rovements shall become
available for the timely renova~Yon or expansion of impacted Pu~;ic Services and facilIties.
c. The City Council shall expmad ell funds COllected under 19.80.40a. solely for
· purpose for which they were edvanced.
SECTION 19.80.50 TIMELY RENOVATION OR EXPANSION OF PUBLIC SERVICES
AND FACILITIES.
Occupancy of residential development pro]acts shall occur only In Increments until
related a reed upon renovations or expansions to Public Services and Facilities are
achepuke:it for timely completion.
SECTION 19.80.60 LIMITATIONS OF RESIDENTIAL DEVELOPMENT EXEMPTIONS,
The following are the only allowable exemptions under ths ord nanco: '
a. Single family dwellings on existing alngle-fami.l'f lots.
b. Rehabilitation, or remodeling of existing dwe ngs or re iscement of an existing
dwefiing br a ccnvemion of apartments to condominiums not ad~iin~g an units.
c. Any development project that has vested dghts dor to J~ 1, 1988, This
measure shall apply to all roposed development or reaP;elopment of Chuis Vista
exc t · development or reaPerv(r(elopment roposal which has obtained a '%/ested dght"
data o, ,h,. m__ur. pu.s. o, lhis m.sure.."vested Itg,,"
1 "A pro ect's d ht Is vested where a property owner has performed
substantis/work and ncu~r~?substantisl liabilities In good faith reliance upon · pmmit
issued by the City."
) The "substantiality" of the expenditures incurred and of construction
erformed2and the question of whether or not such expenditures and construction were
~"good faith" are questions of fact to be determ ned on a case by case basis by the
d, ~cept for e, b, and c of this section, any deveopment shall provide all
Ordinance 2309
Page 3 of 3
SECTION 19.80,70 CHULA VISTAZONING CODE MODIFICATION,
a. Rezon n of property designated fo~ resident el development under the dty's
Zoning COde a~l~l~ be permitted coly to the next hi heat residential density Category in
-- any two year pedod according to the following sch~l~ule:
A Agdcufturel Zone
R-E Residential Estaten Zo e
n
R-1 Single Family Residential Zone
R-3
erty In the county pre-zoned for annexation as dart of · lanned Community
ch~a l be deemed in compliance with this section regardless oFthe county zonin
aiDproved for the property. Prop in the city zoned or roposed to be rezon~:~
es pa.'t of a planned Community ahem/be deemed in Compl~nCa with this section.
This section shaft not apply to rezones from a residential to a residential agricultural
category.
b. A~y annexation of lands within the 's sphere of influence shall conform to
· e purposes, intent and reduirements of this orc~nance. -
O c. After property is annexed by the cit~. the prezoning approved for the sub act
property cannot be amended or changed jn any way for a two year pedod. ~hia
provision shsl apply only to prezones approved after the effective date of this
rdinance.
d. Rezonin commercial or industrtal property to a residential zone shall be
permitted only to~he maximum residential density correspondin to the potential traffic
generation that was applicable pdor to the rezomng to residential. In addition, properly
which is rezoned from residential to commercial or industrial may not be rezolted o a
residential category of higher dens than that which was appliCable prior totthe
rezoning to 'Commercial or Industi~aitT.. This provision shall apply only to rezones
approved after the effective date of this Ordinance.
e. Property which has been previous zoned which changes unit configuration
resulting In the same or a dectossed levd sol~density (units) shaft not be considered a
h
zone c ange under this section.
SECTION 19.80.80 ADOPTION OF CONSISTENT POLICIES.
The City Council of the City of Chuia Vista is hereby authorized end directed to adopt
such further ordinances, resolutions, policies or procedures consistent with the
purposes, intents and requirements of this ordinanCe. ·
SECTION 19.80.90 ORDINANCES IN CONFLICT,
All provisions of the Charter, City ordinances or provisions thereof In Conflict with this
Chapter are hereby repealed.
SECTION 19.80.100 MODIFICATION.
The City Council ma , after a public hesdng, and by an affirmative vote of no less than
five members of the ~ity Council, amend any part of this Ordinance, ff said amendment
and only if said amendment is clcady in keeping with the intent of this Ordinence. Or,
by no less than three affirmative votes of the City Councft, the City Council may place a
proposed amendment unto a ballot for the purpose of obtaining a binding vote of the
people of the city concerning said amendment
SECTION 19.80.110 STATEMENT OF VOTER INTENT,
This ordinance is inconsistent with and intended as an alternative to any initiative or
ordinance which would place a fixed nume Cal limitation on the rate of residential
construction or establish inflexible standards or the re~tuirements of pubftc radiities to
be provided b any development project. f this ordinance and any suoh initiative
ordinance are ~oth passed by a majority voting therann then the one with the most
votes shall prevail.
SECTION 19.80.120 JUDICIAL REV1ENV,
a. An le al act/on to challenge a decision or denial of the Council or any other
government ~;o~ pedorming a function under this Ordinance, must be filed In a court of
competent Juds~ction within thl (30) days immediately following the action challenged.
b. Any legal action to cl~a~lenge any provision of this Ordinance or to chatlenge
the intent of this OrdinanCe, must be vigorously defended by the dty.
SECTION 19.80.130 SEVERABILITY.
If any provision of this OrdinanCe or the appliCation theroof, to any person or
circumstance is held invalid by a court of competent jurisdiction, the validity of the
'remainder of this Ordinance and the application of such proviaions to other persons or
drcumstances shall not be affected thereby,
SECTION 19.80.140 CODIFICATION.
This Ordinance shall be codified.
SECTION 19.8Q,150 EFFECTIVE DATE,
This Ordinance shall be considered as adopted upon the date that the vote ia certified
by the City Clerk, and shall go into effect immediately thereafter.
SECTION 19.80.160 PUBLICATION.
The Ci Clerk of the Ci of Chule Vista is hereby directed to ubftsh this Ordinance
within ~t~een (15) days ;ai~r~ its passe e in the Chuia Vista Stareewe, s newspaper of
general circulation In the City of Chuia~sta.
GENERAL ELECTION
CITY OF CHULA VISTA
Proposition V
November 8, 1988