Chula Vista Municipal Code Ch. 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. 17.10.050 Park 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 Limitation on use of land and/or fees.

• 17.10.090 Commencement of park development.

• 17.10.100 Collection and distribution of fees.

• 17.10.110 Periodic review and amendment authorized. 17.10.120 Geographical distribution of in-lieu fees for land dedication.

*** Prior legislation:** Ords. 1668, 1806, 1858, 1961, 2243, 2506, 2592 and 2616.

Pursuant to the authority granted by Section 66477 of the Government Code of the state, every subdivider, or developer of new residential developments, shall, for the purpose of providing neighborhood and community park and recreational facilities directly benefiting and serving the residents of the regulated subdivision, or in the case of a development not requiring a subdivision of land, benefiting and serving the residents of those new developments, dedicate a portion of the land and develop improvements thereon or in lieu thereof pay fees for each dwelling unit in the subdivision or residential development, or do a combination 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 and new residential developments not required to file a subdivision plan 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 CVMC. (Ord. 3303 § 1 (Att. A), 2014; Ord. 2945 § 1, 2004; Ord. 2886 § 1, 2002).

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 herein set forth in CVMC 17.10.050 and as generally set forth in the park and recreation master plan and in the park and recreational element of the General Plan of the City adopted by Resolution No. 3519 on September 22, 1964, and as thereafter amended. (Ord. 3303 § 1 (Att. A), 2014; Ord. 2886 § 1, 2002).

The provisions of this chapter shall apply to all subdivisions and divisions created by parcel maps and residential developments not requiring final subdivision or 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 30 days after the effective date of this chapter. (Ord. 3303 § 1 (Att. A), 2014; Ord. 2945 § 2, 2004; Ord. 2886 § 1, 2002).

The amount of parkland dedication required, in accordance with CVMC 17.10.010 through 17.10.110, is based on a standard of three acres per 1,000 people and shall be offered at the time of filing of the final map, or in the case of a residential development that is not required to submit a final map, at the time of the first building permit application. The area to be dedicated shall be as follows:

A. Single-family dwelling units, including single-family detached homes and detached condominiums, 3.52 persons per dwelling unit, 460 square feet per unit, or one acre per 95 units;

B. Multiple-family dwelling units, including attached condominiums, townhouses, duplexes, triplexes and apartments, 2.61 persons per dwelling unit, 341 square feet per unit, or one acre per 128 units;

• C. Mobilehomes, 1.64 persons per dwelling unit, 214 square feet per unit, or one acre per 203 units.

Development projects which have received tentative map approval as of November 12, 2002, shall not be required to contribute additional acreage based on the revised persons per dwelling factors as set forth above. (Ord. 3303 § 1 (Att. A), 2014; Ord. 2945 § 3, 2004; Ord. 2886 § 1, 2002).

In addition to the dedication of land as required in CVMC 17.10.040, it shall be the responsibility of the subdivider or building permit applicant to develop all or a portion of such land for neighborhood or community park purposes to the satisfaction of the Director of Recreation and the Director of General Services. All parks shall include, to the satisfaction of the City, the following elements; meet the following minimum standards; and will be designed, developed, and maintained in accordance with the requirements of the City landscape manual and the Chula Vista parks and recreation master plan:

A. Grading shall be in accordance with the grading ordinance, street design manual, the Chula Vista parks and recreation master plan, and the City landscape manual.

• B. Improvements that may be required by the City may include:

  1. Drainage system.

  2. Street improvements.

  3. Parking lot with lighting.

  4. Concrete circulation system.

  5. Security lighting system.

6. Park fixtures, including, but not limited to, identification and informational signage, picnic tables, benches, trash receptacles, hot ash containers, drinking fountains and bike racks, shall be provided and installed.

7. Landscaping, including trees, shrubs, ground cover, and turf.

8. Automatic irrigation system.

9. Restroom/maintenance facility.

10. Play areas, with equipment for preschoolers and primary school-age children, shall be installed. Disabled individual accessible surfacing shall be installed.

11. One picnic table shall be provided for every 600 people. Half of required number of picnic tables shall be provided under a shelter.

12. The following sports facilities (night lighting may be required for all of the following):

• a. One tennis court shall be provided for every 3,200 people.

• b. One baseball (organized adult) field shall be provided for every 12,200 people.

• c. One baseball field (organized youth) shall be provided for every 4,400 people.

  • d. One baseball (practice/informal) field shall be provided for every 3,300 people.

  • e. One softball (organized adult) field shall be provided for every 7,900 people.

  • f. One softball (organized youth) field shall be provided for every 12,700 people.

  • g. One softball (practice/informal) field shall be provided for every 2,850 people.

  • h. One basketball court shall be provided for every 2,150 people.

  • i. One soccer field (organized games) shall be provided for every 5,400 people.

  • j. One soccer field (practice/informal) shall be provided for every 2,450 people.

• C. All utilities shall be extended to the property line. (Ord. 3303 § 1 (Att. A), 2014; Ord. 2945 § 4, 2004; Ord. 2886 § 1, 2002).

Acceptance of land for parkland is at the City Council’s discretion, and in exercising its discretion, the Council may consider the following criteria, in addition to any other the Council considers relevant:

• A. Topography, soils, soil stability, and drainage location of land in subdivision available for dedication.

• B. Size and shape of the subdivision and land available for dedication.

• C. Physical relationship of the site to the surrounding neighborhood.

• D. Location of the site with regard to accessibility to the residents of the neighborhood and its contribution to neighborhood security.

E. The amount, usability, and location of publicly owned property available for combination with dedicated lands in the formation of public park and recreation facilities.

• F. Recommendation of the Parks and Recreation Commission. An offer of dedication may be accepted or rejected by the City Council.

G. Consistency with the goals and policies contained in the Chula Vista parks and recreation master plan. (Ord. 3303 § 1 (Att. A), 2014; Ord. 2886 § 1, 2002).

A. In-Lieu Fees for Land Dedication. If, in the judgment of the City, suitable land does not exist within the subdivision or within the development if it is not part of a subdivision or for subdivisions containing 50 lots or less, the payment of fees in lieu of land shall be required. In such cases, the required fee(s) shall be based on the area to be dedicated as set forth in CVMC 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 or residential development, it may require such combination; provided, however, the City Council may, by resolution, waive all or any portion of said dedication or in-lieu fee requirements in the interests of stimulating the construction of housing for low- and moderate-income families.

B. In-Lieu Fees for Park Development Improvements. If, in the judgment of the City, suitable land does not exist within the subdivision or within the development if it is not part of a 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 required fee(s) shall be based on the improvements required in CVMC 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 or residential development, it may require such combination; provided, however, the City Council may, by resolution, waive all or any portion 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 or building permit applicant shall not be required to install such improvements, but instead shall pay the required fee(s) for the value of improvements required in CVMC 17.10.050.

C. Land Uses Exempt from In-Lieu Fees. “Accessory Dwelling Units” and “Junior Accessory Dwelling Units,” as defined in CVMC 19.58.022 and 19.58.023, respectively, are exempt from payment of in-lieu fees for parkland dedication and park development as they offer lower-cost housing supply to low- and moderate-income families. Housing developments in which 100 percent of units, except any units reserved exclusively for use by staff, are restricted as affordable to persons or families of low or moderate income, as defined in California Health and Safety Code Section 50093, shall also be exempt from payment of in-lieu fees for parkland dedication and park development; provided, that such units are restricted through a regulatory agreement, recorded in the official records of San Diego County, with the City of Chula Vista, the Chula Vista Housing Authority, the California Tax

Credit Allocation Committee, or the California Department of Housing and Community Development. (Ord. 3573 § 2, 2024; Ord. 3424 § 3, 2018; Ord. 3303 § 1 (Att. A), 2014; Ord. 2945 § 5, 2004; Ord. 2886 § 1, 2002).

The amount of land, improvements or in-lieu fees, or combination thereof, received under this chapter shall be used for the purpose of providing neighborhood and community park and recreational facilities to serve the subdivision or residential development for which received. The amount and location of the land or in-lieu fees, or combination thereof, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision or residential development. (Ord. 3303 § 1 (Att. A), 2014; Ord. 2945 § 6, 2004; Ord. 2886 § 1, 2002).

The City will acquire land for park purposes within a subdivision 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 by this subdivision, whichever occurs later. (Ord. 3303 § 1 (Att. A), 2014; Ord. 2886 § 1, 2002).

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 or, prior to the issuance of the first building permit for a development that is not required to submit either a final subdivision map or a parcel map, 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 or building permit applicant providing for the subsequent payment of the fee, but in no event later than 60 days after map approval or at the time of the first building permit issuance if no final subdivision map, parcel map or separate agreement exists. 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 shall further provide for interest from date of final map approval or the first building permit issuance at City’s average earnings rates, computed and compounded quarterly, experienced by the City on its average investments (as determined by the City) (“base interest rate”), for the first 60 days after map approval or the first building permit issuance, and thereafter at the base interest rate plus two percentage points until paid, together with any attorney fees and costs incurred in enforcing the agreement. Notwithstanding any other provision of law, the 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 or approved development plan 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 or approved development plan 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.

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 imposed, 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. 3303 § 1 (Att. A), 2014; Ord. 3163, 2010; Ord. 2945 § 7, 2004; Ord. 2886 § 1, 2002).

Costs of constructing park facilities, population density, and local conditions change over the years, and, as such, the specified formulas for the calculation and payment of fees for acquisition and development of park sites as stated in this chapter is subject to and shall be periodically reviewed and amended by the City Council. The development portion of the fee shall be adjusted, starting on October 1, 2004, and on each October 1st thereafter, based on the one-year change (from July to July) in the 20-City Construction Cost Index, as published monthly in the Engineering News Record. Adjustments to the fees based upon the Construction Cost Index shall be automatic and shall not require further action by the City Council. The park development component of the fee, as well as the land acquisition component of the fee, may also be reviewed and amended by City Council as necessary to reflect current market conditions, as well as sound engineering, financing, and planning information. Adjustments to the fees resulting from these discretionary reviews may be made by resolution amending the master fee schedule. (Ord. 3303 § 1 (Att. A), 2014; Ord. 2971 § 1, 2004; Ord. 2886 § 1, 2002).

A. The collection of in-lieu fees for land dedication will be separated into two geographical categories, areas east of the I-805 and areas west of the I-805 and the fee for these areas will be as follows:

1. Areas east of I-805.

2. Areas west of I-805.

(Ord. 3303 § 1 (Att. A), 2014; Ord. 3026 § 1, 2005).