HomeMy WebLinkAboutOrd 2014-3324 ORDII�'ANCE NO. .i324
ORDit�'.ANCE OF THE CITY OF CHULA V]STA AMENDI?�'G
THE FEE DEFERRAL PROGRAM TO REQUIRE PAl'MENT
OF FEES PRIOR TO BUILDING PERMIT FII�'AL II�'SPECTIOI�'
TI�'STEAD OF BUILDING PERn4IT ISSUANCE
�'IIEREAS, on Januarv 6, 2009, Cit}� Council passed Ordinance 1�'0. 31 ZO establishine
the Development and Processins Impact Fee Pa}�nent Plan Proeram (`Fee Deferral Prooram') to
encourage the construction of residential and non-residential de��elopment projects N�ithin the
Citv. This Ordinance allo���ed Developers to pay all fees subject to the Fee Deferral Proeram up
to 12 months from the date of issuance oF building permits; in addition to limiting the duration of
the Fee Deferral Pro�am to December 31. 2010: and
V�'HEREAS. on April 21, 2009, Citv Council expanded the Fee Deferral Program to
include Park Fees bv the adoption of Ordinance No. 3126; and
R'HEREAS, on September 14. 2010: Cin� Council adopted Ordinance No. 3163
modifi�ina the Fee Deferral Proeram to allo��� for the payment of the fees subject to the Fee
Deferral Proeram prior to final inspection or certificate of occupancy upon request of the
Developer and the determination b�� the Cit�� that such fees were not needed at an earlier time;
and
�VHEREAS, on December 6. ZO1 l: City Council adopted Ordinance I�'o. 3220 to extend
the Fee Deferral Proeram to December 31. 2012: and
V�'HEREAS, on December 1 1, 2012, Cin� Council adopted Ordinance No. 3242 to e�tend
the Fee Deferral Proeram to December 31. 2013: and
R'HEREAS. on I�'ovember 19; 2013, Cit�� Council adopted Ordinance No. 3280 to extend
the Fee Deferral Proeram to December 31. 2014: and
�VZ-IEREAS, Citv staff is recommending that City Council adopt an ordinance to
permanentl}� require the fees subject to the Fee Deferral Program prior to final inspection. If at a
later date. Cih� Council determines that these fees aze needed at a time earlier than final
inspection, it can tal:e another Council action per Govemment Code 66007 to establish a new
timino for payment.
NOW. THEREFORE. the Citv Council of the Citv oFChu]a Vista does ordain as follo���s:
Sectioo I. Section 8 of Ordinance No. 3163 to be amended as follo���s:
Section 8. Expiration of this Ordinance
Ordinance No. 3324
Page No. 2
This Ordinance shall take effect thirty days afrer final passage. Notwithstanding the
foregoing, any building permit issued prior to expiration of this Ordinance shall not be
required to pay fees until Final Inspection, provided none of the events identified in
Section 6(B) have occurred.
Section II. All other provisions of Ordinance No. 3163 shall remain in full force and
effect.
Section III. This amendment of Ordinance No. 3163 shall take effect 30 days afrer its
second reading and approval.
Section IV. Severabilit��
If any portion of this Ordinance, or its application to any person or circumstance; is for
an}� reason held to be im�alid, unenforceable or unconstitutional, by a court of competent
jurisdiction; that portion shall be deemed se��erable; and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance; or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it �aould have adopted each section; sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared im�alid; unenforceable or unconstitutional.
Section V. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement; not to
duplicate or contradict, applicable state and Federal law and this Ordinance shall be construed in
light of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VIL Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
(, �
Kelly G. Br ghton, FASLA Glen R. Googiris
Director of Development Services 'ty Attorney
Ordinance No. 3324
Paae No. 3
PASSED. APPROVED. and ADOPTED b� the Citv Council of the Citv of Chula Vista.
Califomia. this 1 Sth da�� of No��ember 2014. b�� the followina vote:
.41'ES: Councilmembers: Aeuilaz. Bensoussan. Ramirez. Salas and Coa
T'AYS: Councilmembers: I�'one
ABSEI�TT: Councilmembers: None
Chen 1 Co�:. I� vo
ATTEST: � �
_ �0���.�
Donna R. I�'oms. CMC. Citv Clerk
STATE OF CALIFORI�'IA )
COUI�'TY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Norris. Citti� Clerk of Chula Vista Califomia. do herebv certifi� that the foreeoine
Ordinance No. 3324 had its first readine at a reeular meetine held on the 4th da�� of No��ember
2014 and its second readine and adoption at a reeulaz meetine of said City Council held on the
18th da}� of November 2014; and �+�as dul�� published in summarv form in accordance ��ith the
requirements of state law and the Citv Charter.
�.e,rwGl�., 2, 20/5! �
Dated Donna R. I�TOrris. MC. Citv Clerk