HomeMy WebLinkAboutOrd 1991-2448 ORDINANCE NO. 2448
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA AMENDING TITLE 19 OF THE CHULA 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 lg91.
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:
Chapter 19.09
Growth Management
Sections:
19.09.010 Purpose and Intent.
19.09.020 Definitions.
lg.09.030 Growth Management Program.
lg.09.040 Quality of Life Threshold Standards.
lg.09.050 Requirement for Public Facilities Finance
Plans, Air Quality Improvement Plans and
Water Conservation Plans.
19.09.060 Public Facilities Finance Plan Contents.
lg.09.070 Public Facilities Finance Plan
Preparation.
19.09.080 Public Facilities Finance Plan Review.
19.09.090 Public Facilities Finance Plan
Implementation.
19.09.100 Public Facilities Finance Plan Amendment.
19.09.110 Exceptions and Exclusions.
10.09.120 Extensions of Prior Approvals.
19.09.130 Obligation to Pay Fees or Install
Improvements Required by any other Law.
lg.09.140 Implementing Guidelines.
19.09.150 Council Actions, Fees, Notice.
19.09.160 Severability.
19.09.170 Facility Master Plan Reference Documents
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;
3. Provide that public facilities, services and improvements
meeting City standards exist or become available concurrent with
the need created by new development;
4. Balance the housing needs of the region against the public
service needs of Chula Vista residents and available fiscal and
environmental resources;
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. '
Ordinance No. 2448
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 facilities are available
concurrently with need to serve the new development.
3. Prohibiting new development unless adequate public facilities
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 for 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 1-805 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 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.
Ordinance No. 2448
Page 4
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
sidewalks, bridges, overcrossings, street interchanges, flood control
or storm 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 lg.09.030 which establishes compliance with the
Threshold Standards, as provided in Section lg.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. '
Ordinance No. 2448
Page 5
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.
D. The Growth Management Program will incorporate a defined public
facilities development 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.
Ordinance No. 2448
Page 6
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 within 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).
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.
Ordinance No. 2448
Page 7
O. 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.
2. The City shall annually provide the San Diego County Water
Authority, the Sweetwater Authority, and the Otay Municipal
Water District 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:
a. Water availability to the City and Planning Area,
considering both short and long term perspectives.
b. Amount of current capacity, including storage capacity, now
used or committed.
c. Ability of affected facilities to absorb forecast growth.
d. Evaluation of funding and site availability for projected
new facilities.
e. Other relevant information the District{s} desire{s} to
communicate to the City and GMOC.
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.
Ordinance No. 2448
Page 8
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 Manual adopted by City
Council Resolution Number 11175 on 2/23/83 as may be amended
from time to time.
2. The GMOC shall 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
"D" 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 signalized 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 ICU (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.
Ordinance No. 2448
Page 9
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 current and future air quality management
programs, along with recent air quality data. The growth forecast and
APCD response letters shall be provided to the GMOC for inclusion in
its review.
K. Economics.
1. The GMOC shall be provided with an annual fiscal impact report
which provides an evaluation of the impacts of growth on the
City, both in terms of operations and capital improvements.
This report should evaluate actual growth over the previous 12-
month period, as well as projected growth over the next 12-18
month period, and 3-5 year period.
2. The GMOC shall be provided with an annual "economic monitoring
report", which provides an analysis of economic development
activity and indicators over the next previous 12-month period,
as well as projected growth over the next 12-18 month period,
and 3-5 year period.
L. Amendments and Supplemental 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 Plans, Air
Quality Improvement Plans, and Water Conservation Plans.
A. Public Facilities Financing Plans.
Ordinance No. 2448
Page 10
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. It 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 Improvement 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 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 formand/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.
Ordinance No. 2448
Page 12
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 future
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. Project 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
2. Fire/EMS
3. Schools
4. Libraries
5. Parks and Recreation
' 6. Water
7. Sewer
Ordinance No. 2448
Page 11
D. No SPA Plan, nor any Tentative Subdivision Map shall be approved or
deemed approved, without an approved PFFP, an approved Air Quality
Improvement Plan and a Water Conservation Plan. To provide
consistency and implementation of said Plans, the City Council may
impose any condition to the approval of a SPA Plan or Tentative
Subdivision Map necessary to implement the PFFP, the Air Quality
Improvement 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 Improvement 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, drai~ge
fees, school fees, park fees, sewer fees, water fees, or F r
development fees adopted by the City Council have first been pa, ~r
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 cumulative impacts of 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 of maps, graphs, tables, and narrative text
and shall be based upon the General Plan and zoning applicable w~-~n
the area of impact. The PFFP shall be consistent with the G. h
Ordinance No. 2448
Page 13
8. Drainage
9. Traffic
10. Civic Facilities
11. 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 {"LCC") projections for
each element in 19.09.060(E) above as they pertain to City
fiscal responsibility. The LCC 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
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 provision for facilities and services required
Ordinance No. 2448
Page 14
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 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 PFFP 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
Ordinance No. 2448
Page 15
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 Di rector, 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 maintenance 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 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.
K. 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.
lg.Og.070 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.
Ordinance No. 2448
Page 16
C. A PFFP for a project shall be prepared by the City, or a consultant
selected by the City, according to the procedures established by this
section.
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.
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 lg.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.
Ordinance No. 2448
Page 17
19.0g.OgO 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.
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. The 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.
Ordinance No. 2448
Page 18
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
i f, 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.
Building permits will be issued for Projects for which tentative maps
were issued or approved on or before the effective date of the
General Plan Update adopted July 11, 198g, and upon payment of all
required fees, except that Projects with SPA Plans or Tentative Maps
approved after July 11,198g, and prior to the effective date of this
ordinance shall not be issued building permits until the permit _
applicant shall have complied with all conditions of existing
tentative maps; and, an Air Quality Improvement Plan and a Water Con-
servation Plan has been approved by the City Council, and the permit
applicant has paid all Park Acquisition and Development Fees, Public
Facilities Development Impact Fees, Transportation Development Impact
Fees, Drainage Fees, and such other fees imposed by the City in
effect at the time the building permits are pulled. Nothing 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 map, SPA, PFFP, GDP, or any other plan issued by the
City.
B. Developed Portions of City.
It is the policy of the City to encourage development in areas where
public facility thresholds are met before allowing development in
areas where facilities and improvements are not assured to meet the
needs of such development. Accordingly, pursuant to the findings in
Section 19.0g.010 of this Ordinance, that adequate facilities within
the developed portions of the City as shown as "Existing Development"
in the figure of the Growth Management Program "Potential
Development" attached as Exhibit A, are operating 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.
Ordinance No. 2448
Page 19
C. Exclusions.
Development projects which consist of facilities, or structures
constructed by a city, county, special district, state, or federal
government or any agency, department, or subsidiary thereof for
governmental purposes are excluded from the provisions of this
chapter. To the extent that the City has authority to regulate 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.
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 deems 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 a builder,
developer or subdivider from any requirement to provide public
facilities, to dedicate property or to pay fees, which requirement is
imposed pursuant to this Code or pursuant to any City Council policy.
19.09.140 Implementing Guidelines.
The City Council may adopt any guidelines 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.
Ordinance No. 2448
Page 20
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 section,
subsection, sentence, clause and phrase thereof, irrespective of the fact
that any part thereof be declared invalid or unconstitutional.
19.09.170 Facility Master Plan Reference Documents
A. Police "A master Plan for the Chula Vista Civic Center
Solving City Space Needs Through Year 2010," dated May
8, 1989
B. Fire/EMS "Fire Station Master Plan," dated March 23, 1989
C. Schools Sweetwater Union High School District -Sweetwater
Union High School District LongRange Comprehensive
Master Plan," dated November 1984
D. Water Sweetwater -"Sweetwater Authority Water Master Plan,"
dated December, lg89
E. Sewer "City of Chula Vista Wastewater Master Plan," dated
July 19, 1989
F. Libraries "Chula Vista Public Library Master Plan. Facility
Planning to the Year 2010," dated April 30, 1987
G. Parks & There is no existing detailed master
Recreation plan. The Chula Vista General Plan Parks and
Recreation Element dated July, 1990 serves as the
parks master plan
H. Drainage "City of Chula Vista Public Facilities Plan Flood
Control Summary Report, dated March 1989 (Phase II)"
G. Traffic "East Chula Vista Transportation Phasing P 1 a n ,"
approval date pending
J. Air Quality 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."
Ordinance No. 2448
Page 21
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.
Presented by: /~a~t
o by:
Robert Leiter Bruce M.~Boogaard
Director of Planning City Att rney
Ordinance No. 2448
Page 22
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 28th day of May, 1991, by the following vote:
AYES: Councilmembers: Malcolm, Moore, Nader, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Mayor, Pro-Tempore
ATTEST:
Beverly Af Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2448 had its first reading on May
21, 1991, and its second reading and adoption at a regular meeting of said City
Council held on the 28th day of May, 1991.
Executed this 28th day of May, 1991.
B~verly Ax/~lAu~helet, City Cler~