HomeMy WebLinkAboutOrd 1994-2592 ORDINANCE NO. 2592
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING SECTION 17.10.100 TO PERMIT PAYMENT
OF REQUIRED FEES 60 DAYS AFTER MAP APPROVAL, AND
AMENDING SECTION 18.16,100 TO CLARIFY LANGUAGE
ALLOWING BONDS TQ BE PROVIDED AFTER MAP APPROVAL
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Section 17.10. 100 ("Collection and Distribution of Fees") of the Municipal
Code is hereby amended to read as follows:
"Section 17.10.100 Collection and Distribution of Fees.
A. Prior to the recordation by the City of a final subdivision map or recordation by
the City of a parcel map or release of either a final subdivision map or parcel
map to a developer for recordation, any required fees shall have been paid to
the city unless an agreement has been entered into between the City, approved
by the City Council, and the map applicant providing for the subsequent
payment of the fee but in no event later than 60 days after map approval. Said
agreement shall provide that such payment shall be, to the satisfaction of the
City Manager and City Attorney, adequately secured by sufficient surety or
letter of credit, and which shall further provide for interest from date of final
map approval at City's average earnings rates, computed and compounded
quarterly, experienced by the City on its average investments (as determined
by the City)("Based Interest Rate") for the first 60 days after map approval, and
thereafter at the Base Interest Rate plus two percentage points until paid,
together with any attorney fees and costs incurred in enforcing said agreement.
Notwithstanding any other provision of law, City may withhold final or interim
inspection of units for which building permits may have been issued and may
withhold issuance of additional building permits, certificates of occupancy if
applicable, or any other processing of entitlements on any property or
improvements included within the territory of the map so approved or otherwise
owned by applicant, until the required fees are received by the City. Any land
to be contributed for the purposes outlined in this chapter shall be dedicated to
the city and shown on the final subdivision or parcel map at the time of
approval. The Director of Finance shall be responsible for the collection and
distribution of fees as set forth in this chapter. Fees collected for neighborhood
and community parks shall be kept in separate funds. However, the City shall
have the ability to shift fee amounts between the neighborhood and community
park funds when necessary.
B. Planned developments shall be eligible to receive a credit as determined by the
City Council, against the amount of land required to be dedicated, or the
amount of the fee impose, for the value of private open space within the
development which is usable for active recreational uses. Such credit, if given,
shall be determined on a case by case basis. (Ord, 2492, § 1, 1994; Ord. 2243
§1 (part), 1987; Ord. 1668 §1 (part), 1976)."
Section 2. Section 18.16.100 ("Improvement agreement-To be filed with security
instruments--Exception.") is hereby amended to read as follows:
"18.16.100 Improvement agreement--To be filed with security
instruments--Exception.
The subdivision improvement agreement, as set forth in Sections 18.16.190
through 18.16.280 of this chapter, shall be fully executed and submitted for the
approval of the city attorney at least eight days prior to city council consideration of
the final map. The security instruments, as required herein, should be filed
concurrently with the subdivision improvement agreement; provided however, such
security instruments may be filed with the city clerk not later than sixty days from the
date of approval and acceptance of the final map but the final map shall not be
recorded or released to the map applicant for recordation until all security instruments
have been properly filed. Failure to comply with this provision, and specifically failure
to provide the required security instruments within 60 days of map approval, shall
automatically void council approval of the final map and the final map must be
resubmitted to the Council for reapproval prior to recordation or release.. In no event
shall said map be recorded prior to the submission of necessary security instruments.
lord. 2592, §2, 1994) Oral. 2100 §1 (part), 1985; Ord, 1369 §2 (part), 1971; prior
code §28.303).
Presented by Approved as to form by
J n Lippitt I~ruce M. Boogaard ;
Public Works Director City Attorney
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day May, 1994, by the following vote:
AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Vicki C. Soderquist, Dep~(..City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby
certify that the foregoing Ordinance No. 2592 had its first reading on May 17, 1994, and its
second reading and adoption at a regular meeting of said City Council on the 24th day of May,
1994.
Executed this 24th day of May, 1994.
Vi~ki C. Soderquist, De~ City Clerk