HomeMy WebLinkAboutOrd 1987-2243 Revised 12/10/87
ORDINANCE NO. 2243
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
17.10 OF THE CHULAVISTA MUNICIPAL CODE RELATING TO
NEIGHBORHOOD PARK AND COMMUNITY PARK REQUIREMENTS
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Chapter 17.10 of the Chula Vista Municipal Code be,
and the same is hereby amended to read as follows:
Chapter 17.10
PARKLANDS AND PUBLIC FACILITIES
Sections:
17.10.010 Dedication of land and development of improvements for park
and recreational purposes.
17.10.020 Determination of park and recreational requirements benefiting
regulated subdivisions.
17.10.030 Application
17.10.040 Area to be dedicated-Required when-Amounts for certain uses.
17.10.07 5_0 S~M4f~f/~/ark development
improvements-Specifications.
17.10.060 Criteria for area to be dedicated
17.10.070 In lieu fees for land dedication and/or park development
improvements
17.10.080 Limitations on use of land and fees.
17.10.090 Commencement of park development.
17.10.100 Collection and distribution of fees.
17.10.110 Periodic review and amendment authorized.
17.10.010 Dedication of land and development of improvements for park and
recreational purposes.
Pursuant to the authority granted by Section 66477 of the Government Code
of the state, every subdivider shall, for the purpose of providing
neighborhood and con~nunity park and recreational facilities directly
benefiting and serving the residents of the regulated subdivision, dedicate a
portion of the land and develop improvements thereon or in lieu thereof pay
~ fees for each dwelling unit in the subdivision or do ~f~M a
cembin~ion 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 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 of this code.
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7.10.020 Determination of park and recreational requirements benefiting
regulated subdivisions.
The park and recreational facilities for which dedication of land and
improvements thereon and/or payment of a fee is required by this chapter shall
be those facilities as generally set forth in the park and recreational
element of the general plan of the city adopted by Resolution No. 3519 on the
22nd day of September, 1964, and as thereafter amended.
17.10.030 Application.
The provisions of this chapter shall apply to all subdivisions and
divisions created by 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 thirty days after
the effective date of this chapter.
17.10.040 Area to be dedicated-Required when-Amounts for certain uses.
The amount of parkland dedication required_, in accordance with Sections
17.10.010 through 17.10.130, is based on a standard of 3 acres per 1000 people
and shall be offered at the time of filing of the final map. The area to be
dedicated shall be as follows:
A. Single-family dwelling units, ~X7 3.22 persons per dwelling unit,
%M;f~//M~{M~]f~//~M~L~ four hundred twenty three square feet per
unit, or one acre per one hundred ~/M~rf~f~ three units;
B. Attached, cluster housing or planned unit developments under either
condominium or subdivided ownership, ~Xl 2.80 persons par dwelling
unit, ~//~/~4~-~W~ three hundred sixty-six square feet per
unit, or one acre per one hundred ~f~ nineteen units;
C. Duplexes, l~ 2.48 persons per dwelling unit,
three hundred twenty-five square feet per unit, or one acre par
M~M~f~ one hundred thirty four units;
D. Multiple family dwelling units, l~ 2.21 persons per dwelling unit,
~M~/J~/~f~l/7~f~ff two hundred eighty-eight square feet per unit,
or one acre per ~4~/M~(~f~/f~f~ one hundred fifty-one units;
E. Mobile homes, i~ 1.64 persons per dwelling unit, ~///h~Y~/~
fff~M two hundred fifteen square feet per unit, or one acre per
two hundred ~M~M~ three units.
F. Residential and transient motels/hotels, 1.50 persons per dwelling unit,
one hundred ninety-six square feet per unit, or one acre per two hundred
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Criteria for area to ~ dedi~ted.
Acceptance of land for ~rkland is at the City Council's discretion and in
exercising its discretion, Council my consider the following criteria, in
addition to any other the ~uncil ~nsiders relevant:
A~ ~graphy, soils, soil st~ility, drainage location of land in
subdivision available for dedication.
B. Size and shaF of the subdivision and land avail~le for dedi~tion.
C~ ~ysical relationship of the site to the surrounding neighborhood.
L~ation of the site with regard to accessibility to the residents of the
neig~orh~d ~d its ~ntribution to neig~orh~d security.
E~ ~e ~ount, usability, and location of ~blicly o~ed pro~rty avail~le
for co~ination with dedicated lands in the forration of p~lic ~rk and
recreation facilities.
F. Reco~endation of the Parks ~d Recreation Co~ission.
~ offer of dedication ~y be acce ted or rejected by the Cit ~uncil.
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U.10.07 5_0 ~4M~X~f~flllllll~Park development
i~provements- Specf~ications.
In addition to the dedication of land as required in Section 17.10.040, it
shall be the responsibility of the subdivider to develop all or a portion of
such land for neighborhood or community park purposes to the satisfaction of
the Director of Parks and Recreation and the Parks and Recreation Commission
in accordance with the following ~M~f~I criteria:
A. Parklands 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.
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F__. Landscaping, including trees, shrubs and other plant material, shall be
planted in accordance with the City's Landscape Manual.
G. A concrete walkway system shall be installed.
H__i. Park fixtures, such as signage, tables, benches, trash receptacles,
drinking fountains and bike racks, shall be installed.
I. A drainage system shall be installed, if necessary.
.I~ Play areas, with play equipment for pre-schoolers and primary school-age
children, shall be installed.
K__. Security lighting fixtures shall be provided.
L__. One picnic shelter shall be provided for every 1,000 people.
M. One tennis court shall be provided for every 2,000 people.
N. One baseball/softball field shall be installed for every 5,000 people.
O_L. One multi-purpose court for basketball, volleyball, and badminton shall be
installed for every 5,000 people.
P. One soccer field shall be constructed for every 10,000 people.
In addition to those items listed above, the following facilities shall be
required in a community park:
Q_~. One 50 meter swimming pool with related facilities, such as dressing
rooms, will be constructed for every 20,000 people.
R__. One community center and gymnasium will be constructed for every 24,000
people.
S. One lighted softball field shall be developed for every 5,000 people.
T. A restroom facility shall be constructed in every community park and may
be constructed in neighborhood parks.
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 for
subdivisions containing 50 lots or less, the payment of fees in lieu
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of land shall be required. In such cases, the amount of the fee shall
be the amount established by the city council in the master fee
schedule by resolution and based on the area to be dedicated as set
forth in Section 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, it may require such combination. Provided, however, the
city council may, by resolution waive all or any pertion 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
required to deposit fees in lieu of dedication of land required in
Section 17.10.050 pursuant to the fees in the master fee schedule.
B. In lieu fees for park development inprovements: If, in the judgment
of the city, suitable land does not exist within the 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 fee shall be the amount established by the city council
in the master fee schedule by resolution and based on the improvements
required in Section 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 future residents of a particular
subdivision, it may require such combination; provided, however, the
city council may, by resolution waive all or any pertion 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 shall not be required to install such improvements,
but instead shall pay the fee as set forth in the master fee schedule for the
value of improvements required in Section 17.10.050.
Residential motels and hotels and transient motels and hotels shall be
required to deposit fees in lieu of park development improvements required in
Section 17.10.050 pursuant to the fees in the master fee schedule.
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~7.10.080 Limitation on use of land and/or fees.
The amount of landL improvements ~'~ or in lieu fees or combination
thereof received under this chapter shall be used ~MI~ for the purpose of
providing neighborhood and community park and recreational facilities to serve
the subdivision for which received. The amount and location of the land or in
lieu ~//~5~i~//~f fees or combination thereof shall bear a reasonab"Fl~
relationship to the use of the park and recreational facilities by the future
inhabitants of the subdivision.
17.10.090 Co~nencement of park development.
The city will acquire land for park purposes ~/~/~//~ff~
f~XX~X~//~/f~//~ as soon as sufficient funds are available. Any
fees collected under this chapter shall be committed within five years after
the payment of such fees or the issuance of building permits on one-half of
the lots created b the subdivision, whichever occurs later. ~Md//~fIX
17.10.100 Collection and distribution of fees.
A. Prior to the acceptance of a final subdivision map or approval of a
parcel map, any required fees shall have been paid to the city. Any land to
~e contributed for the purposes outlined in this chapter shall be dedicated to
Lhe city and shown on the final subdivision or parcel map. The director of
finance shall be responsible for the collection and distribution of fees as
set forth in this chapter.~//~f~d//~f~//q~k/~/~hY3X~/~fg~fI//~///~/X~
flb/e//t~tK~//~f//J~J~//~M~fX F~s collected for neighborhood and co~unity
parks shall be kept in serrate funds. However, the City shall have the
ability to shift fee a~unts between ~e neighborhood and co~unity park funds
when necessary.
B. Plyned develop~nts shall be eligible to receive a credit as
determined by the City Council, against the ~unt of land r~uired to be
dedicated, or the ~unt of the fee im~sed, for the value of private o~n
s~ce within the develop~nt which is usable for active recreational uses.
Such credit, if given, shall ~ determined on a ~se by case basis.
17.10.110 Periodic review and amendment authorized.
Costs, population density, and local conditions change over the years, and
the specified formula for the payment of fees for acquisition of park sites as
stated in this chapter is subject to periodic review and amendment by the city
council.
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SECTION II: 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
~anuel Mollinedo, Director of D. Rudolf, ~tant
Parks and Recreation City Attorney
3574a
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
~' OF CHULA VISTA· CALIFORNIA, HELD December 8 . 19 87 ~ AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD December 15 ·
19 87 , BY THE FOLLOWING VOTE, TO-WIT:
AYES: Councilmen Moore, Malcolm, Nader
NAYES: Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen cox, McCandliss
MAYOR PRO TEMPORE OF THE CITY OF CHULA VISTA
SiATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CiTY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Californio,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true and correct copy of
ORDINANCE NO. 2243 ,and thor the same has not been omendad or repealed.
DATED
City Clerk
CITY OF
CHULA VlS'rA
CC-660