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Home My WebLink About2013/11/05 Item 06 �-m,t.--,-�.-,�t� ��-� CITY COUNCIL �v:?`�:(- ..'' �_�,_,:�-�� r � .. '� �.-��=.. --- AGENDA STATEMENT �*2-. •-- � � �`' � .�`�-- -- �>�� \�I// CITYOF �`CHULA VISTA 11/OS/13, Item 1p ITEA1 TITLE: ORDII�'ANCE OF THE CITY COi�NCIL OF THE CITY OF CHiTLA VISTA AA7ENDIi�'G CITY OF CHULA VISTA ORDII�TAI�'CE TO EXTEND THE TERI�9 OF THE FEE DEFERFLI�L PROGRAA4 VJHICH ALLO\�'S FOR CERTAII�T DEVELOPD4EI�TT FEES TO BE PAID PR10R TO BUILDIi�'G PERI�•IIT FINAL IIvSPECTIOi�' I?�'STEAD OF AT BUILDING PERA4IT ISSUAI`iCE. SUB�4ITTED B1': DIRECTOR OF DEVELOPMENT SERVICES I L�i,� 4 v �� REVIE«'ED BY: CIT1' A4r1NAGER ASSISTAi\'T CITY . I�'AGER� 4fhTHS VOTE: YES � NO � SU7111��RY On Januarv 6: 2009, Cin� Council appro��ed the creation of a payment plan proeram for de��elopment fees due to the current economic do«mtum. This deferral program was enhanced on April 21; 2009 �+°here Cin� Council also appro��ed the deferral of Park Fees. On September 14, 2010 Council further amended the deferral proeram with Ordinance 3161 �ihereb�� development fees were deemed payable at a building permit`s final inspection rather than building permit. The deferral proeram ��as further extended to December 31: 2013. ��ith adoption of Ordinance 3242. This Ordinance extends the expiration to December 31, 201�. E\�'IRONn�NTAI. REVIE�i' The Environmental Review Coordinator has reviewed the proposed aciivit�� for compliance with the Califomia Environmental Qualih� Act (CEQA) and has determined that the acti��ity is not a "Projecr` as defined under Section 1�378 of the State CEQA Guidelines because the proposal consists of a fiscal action that ��ill not result in a potentialh significant phti�sical impact on the en��ironment._ Therefore, pursuant to Section 1�060(c)(3) of the State CEQ.A Guidelines; the activitv is not a subject to CEQA. Thus; no Em�ironmentai re��ie"� is necessar.. RECOA'IMENDATION Council place the ordinance on first reading. 6-1 11/OS/13, Item � Page 2 of 3 DISCUSSION As response to the economic downtum and in an attempt to promote development. the Cit}� Council, on January 6; 2009, approved a payment plan program for certain development fees (`Deferral Program"). On September 14, 2010, Council expanded the Deferral Program to include the ability for developers to defer Park Acquisition and Development fees in addition to those other fees already incorporated in the Deferral Program. Then, on September 14, 2010. through the approval and adoption of City of Chula Vista Ordinance 3163, City Council altered the method of securing payment of development fees deferred under the Deferral Program. Rather than requiring developers to pay fees at permit issuance or enter into an agreement secured by a lien placed on the property to be developed, the new program allo��ed for the payment of fees at final inspection. In addition, City of Chula Vista Ordinance 3163 extended the Deferral Program through December 31, 2011. As the Deferral Pro�ram was about to expire, on December 6, 20ll. City Council further extended the Defenal Program through December 31, 2012. Prior_to the expiration of that extension; Cih� Council further extended the Deferral Program through December 31, 2013. This latest extension is near expiration; and though the current economic climate is better than it was at the time the Deferral Program was implemented, the need to promote development in the City still remains an important goal. Staff, therefore, is proposing an amendment to Ordinance 3163 in order to extend the Deferral Program for an additional one year, until December 31; 2014. Unless further extended by approval of the City Council, the time for the payment of fees ��ill revert back to their traditional triggers: building pern�it issuance or final map approval. The fees to be defened under this ordinance are as outlined in Table below: Table L Fees to be collected prior to final inspection of a building permit Fee Description Authority . Sewer Capacity Fee 1314:090 Municipal Code� Public Facility Development 3.50 n4unicipa] Code Impact Fee (DIF) Eastem Transportation 3.54 Municipal Code Development Impact Fee Westem Transportation 3.55 Municipal Code De�=elopment Impact Fee Telegraph Canyon Drainage Ordinance 2384 . Fee Pogei Can}�on Se��er Ordinance 2�16 Development Impact Fee Salt Creek Se«-er Development Ordinance 2974 Impact Fee Otay Ranch Village 1 and 5 Ordinance 2767 Pedestrian Bridee DIF Otay Ranch Village 1 l Ordinance 2898 � Pedestrian Bridee DIF 6-2 11/OS/13, Item (.� Page 3 of 3 Park :�cquisition and 1710 Municipal Code De��elopment Fees In addition to this proposed Ordinance, Staff; at a later date ��ill be recommendine an amendment to the Cit�`s Master Fee Schedule to account for the e�tra costs that stafF incurs in processine these fee deferrals under the Deferral Pro2ram. Staff anticipates that this amendment ��ill accompany tbe second reading of this proposed Ordinance, if it is approved tonight. DECISION D'IA.KER CONFLICT Staff has revie�ved the decision contemplated b} this action and has deternuned that it is not site specific and consequently the �00 foot rule found in Califomia Code re�ulations section 18704.2 (a)(1) is not applicable. RELATIONSHIP TO THE CITY'S STATEGIC PLAN The City's Strateeic Plan has five major goals: Operational Ezcellence, Economic Vitality, Health}� Communin�, Strong and Secure I`Teiehborhoods and a Connected Communitv. The deferral pro�am supports the Economic Vitaliry goal as it seeks to lower economic barriers to ne�� ero��th. CUI2RENT YEAR FISCAL IMPACT Approval of this ordinance and resolution has no Genera] Fund lmpact. The net effect due to tune �alue of mone�� issues (the Cih� recei�-es funds later than traditional) �vill be offset b}� the fact the fees will be priced at the time of pa}�nent, not the time of building permit issuance, which for inflation indexed fees, n�pically means a hieher amount. ONGOING FISCAL I!�SPACT None ATTACHII�NTS Attachment No.l: Cit�� Ordinance No. 3220 Attachment No.2: Cirv Ordinance I�'o. 3242 H:�DSD�.Aeendas and Resos�2013�\'0�� >�Deferrall 6-3 Attachment 1 ORDNAI�ICE NO. 3220 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8 OF ORDIT�TANCE 3163 IN ORDER TO EXTEivD THE FEE DEFERRAL PROGRAM V✓HEREAS, as a response to the economic downtum and in an attempt to promote development, the Cin� Council, on December 16, 2008, approved a payment plan program for certain development fees (`Deferral Prograzn"); and V1'HEREAS, on April 21, 2009, Council expanded the Deferral Program to include Park fees; and WHEREAS, on August ]7, 201Q through the approval and adoption of City of Chula Vista Ordinance 3163, City Council altered the nature of the Defeaal Program; and WHEREAS, the new Deferral Program, rather than requiring developers to pay fees at permit issuance or enter into an agreement secured by a lien placed on the property to be developed, allowed for the payment of fees at fina] inspection; and V✓HEREAS, the Deferral Program is due to eapire on December 31, 201 1; and WHEREAS. the current economic climate is little better than it was at the time the Deferral Program was implemented; and WHEREAS, the need to promote development in the City still remains; and WHERE,4S, in light of the above, staff is proposing an amendment to Ordinance 3163 in order to extend the Deferral Program for an additional year, until December 31, 2012; and WHERE.AS, on January 1, 2013, ihe time for the payment of fees will revert back to their traditional triggers: building permit issuance or final map approval. NOVr', THEREFORE, the City Council of the Ciry of Chula Vista does ordain that: I. Ordinance 3]63 be amended to read as follo��s: Section 8. Expiration of this Ordioaoce This Ordinance shall �al:e effect thiRy days after final passage and shall automatically expire on December 31, 2012, and as of that date, is deemed repealed. Notwithstanding the foregoing; any building permit issued prior to the ekpiration of this Ordinance shall not be. required to pay fees until Final Inspection or Certificate of Occupancy, provided none of the events identified in Section 6(B) have occurred. 6-4 Ordinance No. 3220 Page 2 II. .All other provisions of Ordinance 3163 shall remain in full force and effect. III. This amendment to Ordinance 3163 shall take effect 30 davs afrer its second reading and approval. Presented by Approved as to form by Gary al P. . AIC len . oogin Assistant i Manager/Director of ity Att ey Developm nt Sen�ices PASSED, :�PPROVED; and ADOPTED bv the City Council of the City of Chula Vista, Califomia, this 6th day of December 201 ], by the following vote: AYES: Councilmembers: .4guilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSEt�'T: Councilmembers: None �� Cheryl Cox, M r ATTEST: `�� Donna R. Norris, CMC, City Clerk STATE OF CALIFORI�IA ) COUIvTY OF SAIv DIEGO ) CITY OF CHULA VISTA ) l, Donna R. I�'orris, Ciry Clezk of Chula Vista, Califomi� do hereby certify that the foregoing Ordinance No. 3220 had its first readine at a regulaz meeting held on the 1�th day of November 2011 and its second reading and adoption at a regulaz meeting of said Ciry Council held on the 6th day of Deczmber 2011; and was duly published i� summan• form in accordance w�th the requirements of state ]aw and the City Charter. ?3 2o t� � , ,✓o,'h.t.�. Dated Donna R. Norris, CMC, Cit.• Cierk 6-5 Attachment 2 _ I I OP�DFNANCE NO. 3242 02UINANCE QF TIiL CITY OF CHULR ViSTA EXTGND3NG CR�ITFL DECCh1BLR 31, 2013, THE PEE DEPERRAL, PRUGRAM POR CERTAIN DEVEC.OPM�NT FEES TO ; ALLOW PAYML-NT PR3QP. TO BUILBTNG PL-RA9IT PWAL RJSPECTIOIv INSTLAD OF AT BUiLlllNG PERMI7 i 1SStiANCE I V�'HL-REAS, as a response to the economic do�vY�tu�n and in an attempt to pr�mote i developmen[, die City Council, en January 6, 2009,approved a payment plan program for certain � development fees ('"Defe�ral F'ro�ram"); and VV3-tEREAS, on Septeruber 14, 207U, Council expvided the Deferral Pregr�m io include � Park Acquisition and Develorment fezs;and ' WH.EREAS, on September 14, 2010, Q�rough the approval and adoption of City of Chula i V ista On9inance No. 3163, Ciry Council altered the nature of the Deferrai Program and extended ; its effeciiveness tluough December 31,201];and � ��HEREAS, the new Defeiral Progi�am, rather than requiring developers to pay fees at }xnnit issuance or enier iuto an a�eement secured by a lien placed on the property to be develo{>ed, allowed for the paymznt of fees at finai inspection;and 1��1-i�REAS, on llecemixr 6, 20ll, tluough the approval and adoption of Ordinance No. � :220,City Council further extended the Defe�Tai Proaram tluough December ?1, 20L;and I \T�/IfCREAS, the cm�•ent economic climate is n littie better than it was at the time the Defen•a! Program was impiemeuted; and A�I-IEREAS,the i�ezd to promote development in the City stili remains;and I WHEP.EAS, in lighf of the above, staff is proposing an amendment to Ordinance No. I 3163 in order to extend the Defenal Program fur tm addrtional year; until 1]�ecemUer 31, ?U13; and WHCREAS, on Jarn�ary 1,2013, unless furtl�er extended by approval of the City Council, i the time ior the payme.nt of fees will reverf Uacic tn thei�� traditional triggers: building permit issuance or final map approval. NOW,THGREFORE, fhe Ciry Council of the City of Chula Vista does ordain that: � � L Ordinanc�No. =163 be amended to read as foElows: 6-6 O;dinance I��o. 3242 Pase No. 2 Section 8. Expiration of this Ordioance This Ordinance shall take effect thirt}� daps after final passage and shall automatically expire on December 3l, 2013, and as of that date, is deemed repealed. Notw�ithstanding the foreeoing, an_y building permit issued prior to the expiration of this Ordinance shall not be required to pay fees until Final Inspection or Certificate of Occupancy, pro�7ded none of the events identified in Section 6(B) have occurred. II. All other provisions of Ordinance?�'o. 3163 shall remain in full force and effect. III. This amendment to Ordinaoce No. 3163 shall take effect 30 da}�s afrer iu second reading and approval. Presented by Approved as to form by �� % Gary albe . P. . AICP Glen R. oogins Assistant C Manager/Director of Cit � mey Development Services 6-7 Ordinance No. 3242 ' i Page No. 3 � � ' PASSED, APPROVED, and ADCtipTEp by the City Councik of the City of Chula Vista, i California,this 1 ]th da}� of Uecember?U]2,by the followircg vote: AYES: Comicilmemlxrs: Aguilar, Bensoussa.n, Ramirez, Salas az�d Cux NAYS: Councilmembers-: None ! ABSENT: Councilmembers: None ; /� j' I Vl.l,�-�� 4 � I Cheiyl Cox, ayo ATTEST: �A . �� u i Do�ma- R. Norris,�CMC, City Clerk i STATE OF CAL[FORNIA } COUNTY OF SAN DlEGO ) � CITY vF CHULA VISTA ) I, Dniu�a R. Norris, City Clerk of Chula Vista, Califomia, do hereby cercify that the foregoing � Ordinv�ce No. 3242 had i[s f�sf re2ding at a regular meeting held un the 7_Oth day of Novemher 2612 and its second rr.ading and adoption at a regular meeting of said Ciiy Council held on the l lih day of December 2012; a��d was duly published in summary fomi in accordance with the requirements of siale latia�and the Cily Charter. � � �/' I n��'- � �lJ/ `�- ✓v a�4*%° I Dat d Drnma R.Norris, CMC,City Clerk i I i I 6-8 ORDII�'A\'CE \TO. ORDi�'A\TCE OF THE CITY OF CHULA VISTA AME1VDIi�'G CITY" OF CHLJL.A VISTA ORDIi�'ANCE TO EXTEI�'D TERl�4 OF THE FEE DEFERRAL PROGRA,�4 WHICH ALLO�'�'S FOR CERTAIN DEVELOPi�4ENT FEES TO BE PAl'ED PRIOR TO BUILDII�TG PERI�4IT FI?�'AL II�'SPECTION It�'STEAD OF AT BUILDI�'G PERI�4IT ISSUANCE �VHERE.AS, as response ro the economic do��mtum and in an attempt to promote development, the Citv Council, on Januarv 6, 2009, approved a payment plan proeram for certain development fees ("Deferral Program"); and �VHEREAS; on September 14, 2010, Council expanded the Deferral Program to includz Pazk Acquisition and De��elopment fees, and WI-IEREAS; on September 14, 2010; through the appro��al and adoption of City of Chula Vista Ordinance 3163. Citv Council altered the namre of the Defenal Pro¢ram and extended its effectiveness throush December 31. 2011: and \VHEREAS; the ne�� Deferral Program; rather than requirine developers to pay fees at permit issuance or enter into an a�reement secured bv a lien placed on the property to be developed, allo��ed for the payment of fees at final inspection; and \'�'HEREAS; on Decembe* 6, 2011 through the approral and adoption of ordinance 3220, City Council further extended the Deferral Program throueh December 31, 2012; and NHEREAS, on December 11; 2012 through the approval and adoption of ordinance 3242. Cirv Council further estended the Deferral Proeram throueh December 31. 2013: and �V�-IEREAS. the current economic climate is little better than it was at the time the Deferral Program ��as implemented; and � WHEREAS, the need to promote de��elopment in the City still remains; and ��'HEREAS, in lioht of the above, staff is proposine an amendment to Ordinance 3163 in order to extend the Deferral Proaram for an additional one vear, until December 31. 2014: and �4%HEREAS, on Januan� 1; 2014, unless funher extended by approval of the Cin Council, the time for the payment of Fees ��ill re��ert back to their traditional triegers: buildino permit issuance or final map appro��al. � ):Wttomep�F[�AL RESOS AND ORDI\'ANCES�2013V I 0� 13\Deferral Prosrarn Ordinance.docr 10/29/20li 10:17 M7 6-9 Ordinance I�'o. � Page 2 NOW THEREFORE, the City Council of the City of Chula Vista does ordain that: 1. Ordinance 3163 to be amended to read as follows: Section 8. Espiratinn of this Ordinance This Ordinance shall take effect thirty days after final passage and shall automatically expire on December 31, 2014; and as of that date, is deemed repealed. Notwithstanding the foregoing. an�� building pern�it issued prior to expiration of this Ordinance shall not be required to pay fees until Final lnspection or Certificate of Occupaney; provided none of the events identified in Section 6(B) have occurred. II. All other pro��isions of Ordinance 3163 shall remain in full force and effect IIL This amendment of Ordinance 3163 shall talze effect 30 days after its second readins and approval. Presented b��: App oved as to b . / � Kelly Broughton len R. Go gins Director of Development Services City Ariorney J:Wttomey\FINAL RESOS A\'D ORDI\ANCES\2013U I OS 13\Deferral Program Ordinance.docs 10/29/2013 10:17 AM 6-� �