HomeMy WebLinkAboutReso 1994-17485RESOLUTION NO. 17485
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING PARTIAL PAYMENT OF PUBLIC FACILITIES
DEVELOPMENT IMPACT FEES FOR THE PROPOSED MARINA
GOLF CENTER (ASSESSOR'S PARCEL NUMBER 760-048-59)
AND AUTHORIZING THE CITY ENGINEER TO EXECUTE SAID
AGREEMENT WITH THE DEVELOPER FOR THE COLLECTION OF
THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE IN
YEARLY INCREMENTS
WHEREAS, Johnson International is a prospective lessee of 14.7 acres of an 18 acre
parcel located at the northeast corner of the intersection of J Street and Marina Parkway; and,
WHEREAS, the prospective lessee is requesting that Public Facilities Development
Impact Fees (PDIF) be waived for his proposed temporary golf driving range; and,
WHEREAS, under Ordinance 2547, which adopted the Master Fee Schedule, Council
must conduct a public hearing, which has been noticed for April 26, 1994; and,
WHEREAS, staff concurs with the Developer that his intended use is "land intensive"
and consequently recommends that calculation of a fee based on the entire acreage of the
parcel would create a fee that is higher than the development's impact and supports a fee
based on the "operational area" to be paid annually in 5% increments (~2,257.50); and,
WHEREAS, staff recommends that the developer be required to enter into an
agreement with the City to make payments annually in 5% increments which annual
increment will be based on the PDIF fee in effect at the time of payment, as adopted by
Council with the first payment being collected prior to issuance of a building permit and the
following payments due in one year increments from that date for as long as the Developer
maintains a lease on the property or until the developer has paid the full fee based on the 4.2
acres; and,
WHEREAS, staff further recommends that Council authorize the City Engineer to
execute said agreement with the developer for the collection of the Public Facilities
Development Impact Fee in yearly increments.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the plan recommended by staff for the partial payment of Public Facilities
Development Impact Fees for the proposed Marina Golf Center (Assessor's Parcel Number
760-048-59) as outlined in the Council Agenda Report dated and presented for Council
approval May 1 O, 1994; and authorizes the City Engineer to execute an agreement to be
prepared by the City Engineer and approved by the City Attorney with the developer
consistent with said recommendation, and which shall, at a minimum provide, and shall not
have provisions inconsistent with, the developer's payment of the Public Facilities
Development Impact Fee ("PDIF") prorated for 4.2 acres ("Prorated Acreage") of the 14.7
acres, and payable according to the following schedule:
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Resolution No. 17485
Page 2
Commencing upon the withdrawal of building permits, an initial payment in an
amount equal to the number of firm years in the developer's initial lease with
the Port District not including option periods ("Initial Term") times 2/3rds the
current PDIF times the Prorated Acreage times 10%.
Commencing upon any extension period ("Extension Term") of the lease which
is for a multi-year period, at the beginning of such Extension Term, the payment
in an amount equal to the number of firm years in the Extension Term not
including option periods times 2/3rds the then current PDIF times the Prorated
Acreage times 10%.
For any year of occupancy within the first 10 years by the developer after the
Initial Term which is not covered by a muFti-year lease, the developer shall pay,
at the commencement of such year, an amount equal to 2/3rds the then current
PDIF times the Prorated Acreage times 10%.
At the end of the lOth year of occupancy, developer shall pay the then current
PDIF times the Prorated Acreage less all prior payments made.
The agreement shall adequately secure the City that payment shall be made at the
times indicated.
Presented by
j Lip//pitt~~
Director of Public Works
II I['
Resolution No. 17485
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of May, 1994, by the following vote:
YES: Councilmembers: Fox, Horton, Rindone
NOES: Councilmembers: Nader
ABSENT: Councilmembers: Moore
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly
Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
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. 17485 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 10th day of May,
1994.
Executed this 10th day of May, 1994.
B'e~eriy ~.A'uthelet, City Clerk