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HomeMy WebLinkAboutReso 1993-17311RESOLUTION NO. 17311 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A FEE RECOVERY DISTRICT FOR OTAY VALLEY ROAD WHEREAS, on June 23, 1992, the City Council approved the formation of Assessment District No. 90-2 for the territory shown in the Engineer's Report dated June 25, 1992 ("AD No. 90-2 Territory") to provide financing to improve Otay Valley Road between 1-805 and the easterly city limits (the "Improvement"); and, WHEREAS, in conjunction with the formation of said Assessment District, the Council conceptually approved the formation of a Fee Recovery District in order to aid in a more even distribution of the cost of the Improvement based on future land uses that may develop to a higher traffic generating intensity than industrial; and, WHEREAS, Section 66484 of the Government Code authorizes a City to establish, by ordinance, a procedure for imposing a fee to recover the costs for building thoroughfares ("Thoroughfare Fee"); and, WHEREAS, the City of Chula Vista exercised said authority by the adoption of Chapter 15.54 of the Municipal Code, entitled: "ASSESSMENT AND COLLECTION OF BRIDGE AND THOROUGHFARE FEES"; and, WHEREAS, pursuant to the authority of Government Code Section 66484 and Chapter 15.54, on September 28, 1993, the City Council, by Resolution No. 17261, set for public hearing at the City Council meeting of November 9, 1993, the matter of establishing a proposed area of benefit ("Area of Benefit") for the imposition of a Thoroughfare Fee as set forth in the City Engineer's Report hereinbelow referenced, a copy of which Area of Benefit is attached hereto as Exhibit "A" for the purposes of convenience only; and, WHEREAS, said public hearing was, on November 9, continued to the meeting of November 16, 1993; and, WHEREAS, the City Engineer has filed with the City Clerk the Engineer's Report required by Section 66484 of the Government on September 22, 1993, and said Report was modified by the City Engineer on November 1, 1993 ("Modified Engineer's Report"); and, NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, resolve, determine and order as follows: SECTION 1. That the public hearing at which this resolution was adopted was duly noticed and held in the manner required by law. SECTION 2. That the owners of property to be benefitted by the Improvements in the Fee Recovery District hereby adopted were given the opportunity, pursuant to Section 15.54.030 (B), to file protests for the imposition of said Fee Recovery District. Resolution No. 17311 Page 2 SECTION 3. The discretionary action accomplished by this Resolution is part and parcel of the Project previously reviewed in that environmental impact report entitled: "Final Environmental Impact Report, Otay Valley Road Widening Project, Chula Vista" dated August 1991, including but not limited to the Addendum attached thereto which recognizes that the financing aspect of the Project "does not in any way change or alter the conclusions regarding environmental impacts described in the FEIR for th road widening project." The Council has reviewed and considered same for the purposes of this discretionary action and has used its independent determinations made in Resolution No. 16599, adopted by this Council on April 21, 1992, as if same were set forth in full herein, including but not limited to the findings of significant impacts, the feasibility of mitigation measures and alternatives, and the adoption and approval of the mitigation and monitoring program. SECTION 4. That the City Council did conduct the public hearing in the manner required by law and determined that persons representing more than one-half of the area of the property within the proposed area of benefit hereinafter established, did not file protests to the imposition of said Thoroughfare Fee, therefore, the City Council finds that a majority protest has not been directed against the establishment of the Area of Benefit herein contemplated or against all or a portion of the Improvements benefitring such area of benefit, and any such protests, if any filed, are hereby deemed insufficient. SECTION 5. The City Council does hereby declare that the territory shown on the map attached hereto as Exhibit "A", and entitled: "Fee Recovery District, Otay Valley Road" is the Area of Benefit, said area comprising the parcels listed on Exhibit "B" by Assessor Parcel Number, which Area of Benefit will, in fact be benefitted by the Improvements identified in the Modified Engineer's Report. SECTION 6. The City Council does hereby approve the Modified Engineer's Report establishing the Fee Recovery District for Otay Valley Road. SECTION 7. Establishment of Fee. (a) A thoroughfare fee in the amounts set forth in subsection (c) is hereby established to pay for Otay Valley Road Improvements and facilities within the boundary of the Fee Recovery District ("District"). The fee shall be paid before the approval of any final map or issuance of a Building Permit within the District, or a change of use for a building from an industrial use to any other use. The Resolution No. 17311 Page 3 (b) (c) (d) fees shall be deposited into a District Fund, which is hereby created, and shall be expended only for the purposes set forth in this resolution. The fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or development. The fee for each development shall be $19,000/industrial acre or $95/vehicle trip as estimated and determined by the City Engineer with reference to industry accepted traffic generation rates (except that, without regard to industry accepted traffic generation rates, the traffic generation rate for all industrial land uses shall, for the purposes of imposing this fee, be assumed to be 200 traffic trips per acre) and applied pursuant to the Modified Engineer's Report dated November 1, 1993. The fee may be satisfied to the extent of the parcel's participation in Assessment District No. 90-02, under the authority of Section 66484(f), as determined by the City Engineer, under rules and regulations she/he may promulgate for the determination of same. Those properties within the District which develop to a more intense use than outlined by Assessment District 90-2 shall pay this fee. The City Council shall annually review the amount of the fee. The City Council may adjust the amount of the fee as necessary to reflect changes in the Engineering-News Record Construction Index, the type, size, location or cost of the facilities to be financed by the fee, changes in land use designations in the City's General Plan, and upon other sound engineering, financing and planning information. Adjustments to the above fee may be made by resolution amending the Master Fee Schedule. The fees collected shall be used by the City for the following purposes: To pay for the Improvements by reducing the amount of assessment of those property owners who have contributed to the cost of the Improvements by the imposition of an assessment lien and the inclusion of their property within Assessment District No. 90- 2. To pay costs to form the district and administer the fee not to exceed $25,000 over the term of the fee per Section 7(h) ("Expiration of This Resolution"'. Resolution No. 17311 Page 4 (e) if, after the application of fees as provided in subsection (d)(1), the reduction of a property owner's assessment results in a credit to the property owner, then such fees may be used to reimburse property owners within the territory of Assessment District No. 90-2 who have contributed to the payment of the costs of the Improvements. The property within the District located easterly of the City limits (APN 640-060-06) shall participate in the District upon consent of the County of San Diego. (f) Procedure for Fee Waiver or Reduction. Any property owner within the Area of Benefit who, because of the nature or type of uses proposed for a parcel, contends that application of the fee imposed by this resolution is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the City Council for a waiver or reduction of the fee. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice of the public hearing on the building permit application for the project is given, or if no development is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. The City Council shall consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. If a reduction or waiver is granted, any change in use within the project shall subject the development to payment of the fee. The procedure provided by this section is additional to any other procedure authorized by law for protesting or challenging the fee imposed by this resolution. (g) Exemptions. Parcels owned by public agencies shall be exempt from the provisions of this fee. (h) Expiration of this Resolution. This resolution shall be in force and effect for the duration of the bond issues for Assessment District No. 90- 2. (i) Time Limit for ~udicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this resolution shall be brought Resolution No. 17311 Page 5 SECTION 7. within the time period as established by Government Code Section 54995 after the effective date of this resolution. Effective Date. Pursuant to Government Code Section 65962, this resolution shall become effective sixty {60} days after its approval. Presented by City At{orney ~ Resolution No. 17311 Page 6 )- tU 0 I.u 0 I1: EX~IlBIT A Sheet 1 of ? Resolution No. 17311 Page 7 I- o F-J(HIBIT A Sheet 2 of 2 Resolution No. 17311 Page 8 ASSM'T APN # ASSM'T APN ~ ASSM'T APN 1 * 624-060-09 2 624-060-27 3 624-060-28 4' 624-060-38 5 624-060-45 6 644-040-01 7 644-040-11 8 644-040-13 9 644-040-14 10 644-040-16 11 644-040-23 12 644-040-24 13 644-040-27 14 644-040-28 15 644-040-44 16 644-040-45 17 644-040-36 18 644-040-37 19 644-040-38 20 644-040-40 21 644-040-46 22 644-040-47 23 644-040-48 24 644-040-49 25 644-041-01 26 644-041-02 27 644-041-03 28 644-041-04 29 644-041-05 30 644-041-06 31 644-041-07 32 644-041-08 33 644-041-09 34 644-041-10 35 644-041-11 36 644-041-12 37 644-041-13 38 644-041-14 39 644-041-17 40 644-041-18 41 644-041-19 42 644-050-02 43 644-050-06 44 644-050-07 45 644-050-08 46 644-050-09 47 644-181-01 48 644-181-02 49 644-181-03 50 644-=81-04 51 644-181-07 52 644-181-08 53 644-181-09 54 644-181-10 55 644-181-11 56 644-181-15 57 644-181-16 58 644-181-18 59 644-181-19 60 644-181-20 61 644-181-21 62 644-181-22 63 644-181-23 64 644-181-24 65 644-181-25 66 644-181-26 67 644-181-27 68 644-181-28 69 644-181-29 70 644-181-30 71 644-181-33 72 644-182-01 73 644-182-02 74 644-182-03 75 644-182-06 76 644-182-07 77 644-182-08 78 644-182-09 79 644-182-10 80 644-182-11 81 644-182-12 82 644-182-14 83 644-182-15 84 644-182-16 85 644-182-17 86 644-230-11 87 644-230-12 88 644-230-13 89 644-230-14 90 644-230-15 91 644-230-16 92 644-230-17 93 644-230-18 94 644-230-19 95 644-230-20 96 644-230-21 97 644-230-22 98 644-230-23 99 644-230-24 100 644-230-25 Became APN 624-060-66 101 644-230-26 102 645-021-01 103 645-021-02 104 645-021-03 105 645-021-04 106 645-021-05 107 645-021-06 108 645-021-07 109 645-021-08 110 645-021-09 111 645-021-10 112 645-021-11 113 645-022-01 114 645-022-02 115 645-022-03 116 645-022-04 117 645-022-05 118 645-022-06 119 645-022-07 120 645-021-19 121 645-021-20 122 645-021-21 123 645-021-22 124 645-021-23 125 645-021-24 126 645-021-25 127 645-021-26 128 645-021-27 129 645-021-28 130 645-021-29 131. 645-021-30 132 645-021-31 133 645-021-32 134 645-021-33 135 645-021-34 136 645-021-35 137 645-021-36 138 645-021-37 139 645-021-38 140 645-021-39 141 645-021-40 142 645-021-41 143 645-021-42 144 645-021-43 145 645-021-44 146 645-021-45 147 645-022-08 149 645-020-08 149 645-020-11 149 645-020-12 150 644-060-06 Resolution No. 17311 Page 9 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of November, 1993, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: 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 Resolution No. 17311 was duly passed, approved, and adopted by the City Council at a meeting of the Chula Vista City Council held on the 16th day of November, 1993. Executed this 16th day of November, 1993.