HomeMy WebLinkAboutOrd 2014-3327 ORDINAI�'CE NO. 3327
ORDIi�'ANCE OF THE CIT1' OF CHULA VIST.A UPDATING
THE �'ESTERI`' TRANSPORTATION DEVELOPMEI�'T
IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS
V11THII� �'ESTERI�' CHULA VISTA. AI�4ENDII�'G THE
VIESTERI�' TRAI�'SPORTATIOI� DEVELOPh4ENT IMPACT
FEE BENEFIT AREA. ESTABLISHII�'G THE BAYFRONT
TRANSPORTATION DE\'ELOPMEI�'T IA4PACT FEE. AI�TD
AMEI�'DING CHAPTER 3S� OF THE A9UI�'IC[PAL CODE
VV7IEREAS. since Januan� 1988, the Cit}� has had a proeram in place for the collection of
a transportation development impac[ fee for the financing of street improvements in the area east
of lnterstate 80�: and
�'HEREAS. on March 18: 2008: the Vl%estem Transportation Development Impact Fee
(�4'TDIF) �vas established b�� adoption of Ordinance I�'os. 3106 throu_h 3110. The N'TDIF ���as
codified in Chapter 3.» of the Municipal Code. In addition to preparine the Citv for fumre
groHth in the ���estem portion of the Citv, SA1�'DAG required San Diego Counn� cities to enact a
Cit�l��ide TDIF proeram in order to continue receiving annual TransNet funds for local streets;
and
A%HEREAS, starting on Jul�� 1, 2008; each agencv in the San Diego reeion was required
to contribute �2000 in e�actions (updated annuall��) from the pri��ate sector per Equi��alent
D«�elline Unit to impro��e the Regional Arterial Svstem (RAS). Starting on Juh 1. 2014, the
required�SAI�'DAG contribution to the RAS became �22�4; and
V�'HEREAS, subsequent to adoption of the \�1'estem Transportation De��elopment Impact
Fee, the Pedestrian and Biketi�av �9aster Plans were adopted and the Bavfront Development
Master Plan was developed and prepared in 2013; and
R'HEREAS. due to the amount of ne�i� streets and infrastructure needed in the Ba��front.
the n�pe and quantity of impro��ements needed in the Bayfront azea is significantl}� different from
the impro��ements needed in the rest of the �Vestem azea. Staff thereFore recommends that a
sepazate De��elopment Impact Fee (DIF) be established for the Ba��front area; and
�l'HEREAS; due to ne�� de��elopment projections and projects that ha��e been completed
or received fundine since 2008; as ti�ell as the change in benefit azea (i.e. remo��al of the Ba}front
from the e�istine �i'TDIF area). an update of the N'TDIF is needed; and
WHEREAS. on November 4. 2014, the Cit�� Council oF the Cit�� of Chula Vista held a
dul�� noticed public hearing at ���hich oral or «�ritten presentations regazding the W'estem
Transportation De��elopment Impact Fee (WTDIF) and the Bayfron[ Development Impact Fee
(BFDIF) could be made.
Ordinance No. 3327
Paee No. 2
NOV�', THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section 1. Amend Chapter 3.55 of the Chula Vista Municipal Code to read as
follows:
Chapter 3.55
WESTERN AND BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEES
3.��.010 General intent.
The City's General Plan Land Use and Transportation Element requires that
adequate public facilities be available to accommodate increased population
created by new development ��ithin the City of Chula Vista.
The City Council has determined that new development will create adverse
impacts on the City's existing public Vansportation facilities which must be
mitigated by the financing and construction of certain public transportation
facilities which aze the subject of this chapter. New development contributes to
the cumulative burden on these public transportation facilities in direct
relationship to the amount of vehicular traffic and population �enerated by the
development or the �ross acreage of the commercial or industrial land in the
development.
The Cin� Council has determined that a reasonable means of financing the public
transportation facilities is to charge a fee on all developments within the area of
the Cit}� east of Interstate I-805. Imposition of a transportation development
impact fee �vould be placed on all new development in the Western portion of the
City of Chula Vista (WTDIF) and a separate development impact fee would be
placed on all new development Bayfront area of the City of Chula Vista (BFDIF).
These fees (WTDIF and BFDIF) would only be applied to new development for
which buildine permits have not yet been issued. The imposition and collection of
the WTDIF and the BFDIF are necessar}- in order to protect the public health,
safet}� and N�elfare, thereb}� ensuring effective implementation of the City's
General Plan.
Prior to the development of the Bapfront Development Master Plan; the Westem
and Bayfront portions of the Cit}� of Chula Vista were considered a one area for
��fiich a single development impact fee was charged. However; subsequent to the
development of the Bayfront Development Master Plan, it became apparent that a
significant difference in the type of infrastructure needed in the Bayfront area as
compared to the rest of western Chula Vista esists and equity requires that the two
areas, previousl}� combined, be separated such that each area �vill only be required
to mitigate the transportation-related impacts caused by development within the
respective area: therefore;two separate benefit areas are hereby established with
different rates, the Western Transportation Impact Fee (WTDIF) and Bayfront
Transportation De��elopment Impact Fee (BFDIF), to be applied to the Westem
Area and the Bayfront Area, respectively. (Ord. 31 ]0 § 2, 2008; Ord. 3109 § 2,
2008; Ord. 3108 y 2, 2008; Ord. 3107 § 2, 2008; Ord. 3106 § 2, 2008).
Ordinance No. 3327
Pase No. 3
3.��.020 Definitions.
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For the purposes of this chapter. the folloN•ine words or phrases shall be construed
as defined herein, unless from the contest it appears that a different meanina is
intended.
A. "Buildine permir` means a permit required b}� and issued pursuant to the
' California Buildine Code.
B. "Cit� Eneineer'` means the Cit�� Eneineer. the Cin� Eneineer`s desienee or the
Ciri Manaeers desienee. �
C. "Densit��' means dwelline units per gross acre identified for each plannine azea
shoHn on the appro��ed tentative map or approved tentati��e parcel map or as
determined b<<the Citv Manaeer`s desi�nee.
D. `�Developer' means the o��mer or developer of a development.
E. "Development permir means anv discretionar�� permit, entitlement'or appro��al
for a development project issued under an}� zonine or subdivision ordinance of the
Cit��.
F. "De��elopment project" or "development` means anv activin� described as the
followine:
1. An}� new residential d«�elling unit developed on vacant land;
2. An}� neH commercial/office or industrial de��elopment constructed on
vacant land:
3. An�� espansions to established de��elopments or new developments on
non-vacant land in those land use cateeories listed in subsections (F)(1) and
(Z) of this section, if the result is a net increase in dwelline units. The fee
shall be based soleh� on this net dwellina unit increase:
4. Am� ne�� or expanding special land use project;
5. An}� special purpose project developed on vacant land or non-vacant land,
or ezpanded ��ithin a pre-existine site, if the result is a net increase in
d�velline units. The fee shall be�based solelv on this net dwellina unit
increase:
6. Any other development project not listed abo��e but described in Section
6�927 and 6�928 of the State Govemment Code.
G. "Communitv purpose facilit}� ` means a facility ���hich serves one of the
following purposes:
Ordinance No. 3327
Page No. 4
]. Social service activities, including such sen�ices as Boy Scouts and Girl
Scouts. Bovs and Girls Club. Alcoholics Anonvmous and services for the
homeless: .
Z. Public schools:
3. Private schools; ,
4. Day care;
5. Senior care and recreation:
6. Worship; spiritual gro�lh and development.
H. "Western Area" generally means that area of the City of Chula Vista located
between [nterstate � on the west; Interstate 805 on the east, the City boundary on
the north and the City boundary on the south; also including the area to the north
of E Street, south of Naples Street and to the west of Interstate 5, as shoNm on the
map entitled "Attachment 6" of the Council agenda statement for this ordinance;
on file in the office of the Citv Clerk.
I. "Bayfront Area" means that area of the City of Chula Vista generally west of
Intersiate 5 and between E Street and Naples Street, eaduding the United
Technologies parcels; as shown on the map entitled `'Attachment 6" of the
Council agenda statement for this ordinance, on file in the office of the City
Clerk.
J. '`Engineering smdy" and '`Enaineer`s Report" means the Engineer's Report for
the Vlestern Transportation Development Impact Fee prepared by City staff; dated
February 2008; and the Enaineer`s Report (Nexus Study) for the Westem
Transportation Development Impact Fee dated October; 2014, and the Engineer's
Report (Nexus Smdy) for the Bayfront Transportation Development Impact Fee,
both prepared b�� City staff on file in the office of the City Clerk.
K. "Regional Arterial System (RAS)." RAS roadways are generally described as
those facilities that act as a critical link in providing direct connections between
communities ensuring system continuity and congestion relief in high volume
corridors. They are roadways that are listed in the most recent edition of
SANDAG's Regional Transportation Plan (RTP) or have been accepted for
inclusion into the RTP.
L. "Special land use' means any nonresidential; noncommercial/office or
nonindustrial development project (e.g, Olympic Training Center, hospitals,
utilities), or non-special purpose project.
M. `'Special purpose projecr' means any for-profit community purpose facility
(e.g., day care). (Ord. 3110 § 2; 2008; Ord. 3109 § 2, 2008; Ord. 3108 § Z, 2008;
Ord. 3107 � 2, 2008; Ord. 3]06 § 2, 2008).
Ordinance No. 3327
Paee No. �
3.��.030 Public transportation facilities to be financed b� the N'TDIF.
A. The public transportation facilities (facilities) ti�hich are the subject matter of
the V�'TDIF are listed belo�� as detailed in subsection (C) of this section and in the
En�ineer`s Report on file in the office of the Cit�• Clerk.
B. The Cin Council ma�� modif�� or amend the list of projects in order to maintain
compliance ��ith the Circulation Element of the Ciri�'s General Plan.
C. The facilities aze as follo���s:
lnterstate � lmpro��emeots
1. (I-�-1) I-�/E Street?�'B off-ramp re-striping. add lane
2. (I-�-2) I-�/E StreetBa�= Boulevard SB off-ramp re-stripin�, add lane
3. (I-�-4) E Street bridee H�idenin� over I-� (2�0' X 20')
4. (I-�-�) F Street bridge widenina over I-� (2�0' ?{ 20')
�. (1-�-6) I-�/H Street NB off-ramp re-stripins, add lane
6. (I-�-7) I-�/H Street SB off-ramp re-stripine, add lane
7. (I-�-8) H Street bridee ���idening over I-� (Z00' S; 40')
8. (I-�-9) I-�/J Street NB off-ramp re-striping, add lane
9. (I-�-10) 1-�/J Street under-crossing widenine; add EB-I�TB (17�' X 20' X �3�0.00/s�
]0. (I-�-11) L Street bridge N�idenine o��er I-� (S/R' for peds 300' X 12') (18%)
11. (I-�-12) I-�Bay Boulevard (south of L Street) SB on-/off-ramps traffic sienal
12. (I-�-li) I-�/Industrial Boulevazd I�TB on-/off=ramps, traffic siQnal
13. (I-�-14) I-�/Palomaz Street bridge ti�idening �
14. (I-�-16) I-�/Main Street bridge widenino (27� ]f X 201f)
1�. (I-�-17) I-� HOV add managed lanes from SR 90� to SR �4 (�0% in C\'
lnterstate-80� lmprovemeots
16. (I-80�-2) Main Street under-crossing ���idenine for EB-I�rB left tum lane
State Route 54 Impro��ements
17. (SR-�4-2) SR-�4 EB off=ramp at 1�'. Fourth Avenue— add ramp lane
Regional Arterial S��stem (RAS) Projects
18. (RAS-1) Bonita Road from First Avenue to 1-805
19. (RAS-2) Broad�+�av from C Street to south of Main Street (City Limits)
20. (RAS-3) E Street improvements— First Ave to Bonita Road/E. Flower Street
21. (RAS-4) E Street improvements. I-� to 300 feet east of NB ramp
22. (RAS-�) E Street LRT grade separation (underpass LRT option)
23. (RAS-6) H Street LRT grade sepazation (underpass LRT option)
24. (RAS-7) H Street at Broadwa�� EB queuejumper lane and traffic signal
modifications
2�. (RAS-9) H Street �videning to si� lanes from 1-� to Broad���a}�
26. (RAS-]0) H Street improvements from Second Avenue to Hilltop Dm�e
27. (RAS-11) East H St. north side improvements from Hilltop Drive to 1-80�
28. (RAS-13) L Street impro��ements south side N�est of Industrial Boulevard
29. (RAS-14) Telegraph Can}�on Road at 1-80� south side side���alk
Ordinance No. 3327
Page No. 6
30. (RAS-1�) Orange A��enue from Palomar Street tpo Hilltop Drive
�I. (RAS-16) Palomar Street improvements from I-5 to 1-805
32. (RAS-17) Main St. improvements from 1-5 to 1-805 (See GPU Table �.10-6)
33. (RAS-18) H StreeU4th A��enue add WB-NB and EB-SB right tum lanes
34. (RAS-19) H StreeU4th Avenue add WB-NB and EB-SB right turn lanes
31. TF-358 N'estern Transporiation Development Impact Fee
.i2. (RAS-21) Palomar Street LRT Grade Separation
�3. (BP-4) Main Street bike lanes from Industrial Boulevard and 1-805
34. (BP-7) H Street: Broadway to Second Ave. ped improvements
35. (BP-8) Broadway: D Street to Main Street ped impmvements
Bic��cle and Pedestrian Facilities Improvements
36. (BP-1) Bayshore Bikeway (bike path) between E Street and F Streets
37. (BP-2) F Street sidewall:/bike lane improvements from 1-5 to Fourth Avenue
38. (BP-3) Industrial Boulevard improvements and bike lanes from L Street to Main
Street
45. (BP-9) Bayshore Bikeway (bike path)
Other Roadwavs
39. (OR-2) Second Avenue/D Street all-way stop installation
40. (OR-4) Traffic Management Center
(Ord. 3110 § 2, 2008; Ord. 3109 § 2, 2008; Ord. 3108 § 2; 2008; Ord. 3107 § 2;
2008; Ord. 3106 § 2. 2008).
35�.03� Public transportation facilities to be financed b�� the BFDIF.
. . ......................
A. The public transportation facilities (facilities) which are the subject matter of
the BFDIF are listed below as detailed in subsection (C) of this section.
B. The City Council may modify or amend the list of projects in order to maintain
compliance with the Circulation Element of the City's Genera] Plan.
C. The facilities are as folloN�s:
Interstate 5 Improvements
1. (1-5-1) I-5/E Street NB off-ramp re-striping, add lane
2. (I-�-2) I-�/E StreeUBa}� Boulevard SB off-ramp re-striping, add lane
3. (I-�-4) E Street bridge �videning over 1-5 (250' X 20')
4. (I-�->) F Street bridee ��idenine over ]-5 (Z50' X 20')
5. (I-5-6) I-5/H Street NB off-ramp re-striping, add lane
6. (I-�-7) I-5/H Street SB off-ramp re-striping, add lane
7. (I-�-8) H Street bridge N�idening o��er I-5 (200' X 40' )
8. (I-5-9) I-5/J Street NB off-ramp re-striping, add lane
9. (I-5-11) L Street bridae widening over ]-5 (S/W for peds 300' X 12')
10. (I-5-12) I-�/Bay Bh�d. (south of L Street) SB on/off ramps traffic signal
11. (I-5-13) I-�/Industrial Blvd. NB on/off ramps traffic signal
12. Q-�-14) I-�/Palomar Street bridge widening (275 lf X 50 l�
Ordinance No. 3327
Pase 1�'0. 7
li. (I->-16) 1-�/A4ain Street bridse ��dening (27� lf� 20 l�
14. (I-5-17) 1-5 HO\' add managed lanes from SR 90� to SR �� (50% in CV)
Regio�al Arterial S}�stem (RAS) ProjeMs
1�. (RAS-�) E Street LRT erade separation (underpass LRT option)
16. (RAS-6) H Street LRT erade separation (underpass LRT option)
17. (RAS-9) H Street N�idenine to 6 lanes from I-� to Broad��a}�
Bic��cle and Pedestrian Facilities Impro��ements (21% �i'TDIF share per GPU)
18. (BP-1) Ba��shore Bike�va�� (bike path) benveen E Street and F Street
19. (BP-9) Ba��shore Bike���av (bike path) betN�een F Street and H Street
20. (BA1'-1>) Laeoon Dri��e (9�0 l� bike and pedestrian trail
2L (BA1'-27) Ba��shore Bike���a�� Ba��front Loop (14:4001�
Ba��front Road�va��s – RAS
22. (BA1'-13) E Street extension Bay Bl��d. to H Street (�2`��4�0')
23. (BAY-17) H Street from E Street to Marina Pk��y. (�Z`x16�0`)(BAY-6)
24. (BA1'-18) A4arina PkH��. 2-lane from H Street to C Street (�Z'xl ]00')(GP-2)(BAI'-
g� -
2�. (BAY-20) Marina Pk�a��. 2-lane from J Street to C Street (�2'z1��0') (GP-2)(BAl'-
8� -
26. (BA1'-9) I-�/J Street I�'B on-ramp add EB-LT R V�'B-RT lanes (also I-�-]0)
27. (BAY-22) J Sveet from n4arina Pk�+�. to Ba}� Blvd. (16�0 lfl (GP-8)(BAP-10)
28. (BAY-29) Pump Station and Se��er Relocation Costs (Marina Pk���. And J Sveet)
Ba��fro�t Road�r•avs – non-RAS
28. (BAY-14) F Street from Bav Blvd. to «est cul-de-sac (1863 I�
29. (BAY-19) �`Sveei A" from H Street to C Street (74'x11�0`) (BAY-] 1)
30. (BAY-21) "Street A" from C St. to J St (1400 l� (BAI'-11)
31. (BAY-2>) "Street A" – South of J Street to Street "B"
32. (BA1'-23) �'Street C" – A4arina Pk«�. To Bati� Blvd. (2600 l�
33. (BAY-16) G Street (3001�
34. (BAY-26) ��Street B" – "A Street" to Bav Bl��d. (26001�
3�. (BAY-24) Marina V1'ay (11001�
37. (BAY-28) Traffic Sienals (seven)
38. (BAI'-16) G Street (3001�
35�.040 Territory to ���hich fee applicable.
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The azeas of the Citv of Chula Vista to ���hich the fees herein amended and
established shall be applicable aze as follo���s: the VdTDIF shall applp to the
territorial limits of the V�'estern Area and the BFDIF shall apply to the Ba}�front
Area as such areas are defined above. or as thev ma�� be amended from time to
time. (Ord. 3110 y 2, 2008; Ord. 3109 y 2. 2008: Ord. 3108 5 2. 2008; Ord. 3107
§ 2; 2008; Ord. 3106 § 2. 2008).
Ordinance No. 3327
Page No. 8
3.5�.050 Establishment of a V1'estero and a Ba��front De��elopment Impact
Fee.
_................_.. .__ ___ __ ..__.. .._......... _.__..... _.......____....... .__.............................
Development impact fees (fees) are hereb}� established to pay for the facilities
N�ithin the territories. The fees shall be paid upon the issuance of building permits
for each de��elopment project within the Western Area and the Bayfront Area. The
WTDIF and the BFDIF fees in the amounts sel forth in CVMC 3.��.090 are
herebv established to pay for transportation improvements and facilities ���ithin the
Vdestern and Bayfront Areas. (Ord. 3110 § 2, 2008; Ord. 3109 � 2, 2008; Ord.
3108 � 2, 2008; Ord. 3]07 ti Z. 2008; Ord. 3106 § 2, 2008).
3.5�.060 Determination uf fees bv land use categon�.
_......................................... ..................... � _ _......._................................
A. For purposes of these fees. single-family dwelling units shall include sinRle-
Family detached homes and detached condominiums; multifamily dwelling units
shall indude attached condominiums, townhouses, duplexes, triplexes, and
apartments. The density of the development type shall be based on the number of
dwelling units per gross acre for single-family or multifamily residential and shall
be based upon the densities identified on the approved tentative map or approved
tentative parcel map entiiling the development unless otherwise approved in
�i�riting by the City Manager's designee.
B. Commercial/office and industrial development projects shal] be charged on a
per acre or per square footage basis. For purposes of this fee, gross acreage and/or
square footage as it applies to the commercial, industrial and office development
types means all land area that the City Manager's designee deems necessary
within the boundary of the parcel or parcels of the development project for which
building permits are beine requested.
C. The fee multiplied by the total number of dwelling units; square footage or
acres ���ithin a gi��en development project represents a developers fair share (`fair
share') for that de��elopment project. (Ord. 31 ]0 § 2, 2008; Ord. 3]09 § 2; 2008;
Ord. 3108 § 2. 2008; Ord. 3107 § 2, 2008; Ord. 3106 § 2, 2008).
3.�i.070 Time to determine amount due.
_._._..............._. .............................. _. _............................
The fee for each development shall be calculated at the time of building permit
issuance and shall be the amount as indicated at that time, and not when the
tentative map or final map was granted or applied for, or �vhen the building permit
plan check ��as conducted. or �ifien application �i�as made for the building permit.
No building permit shall be issued unless the development impact fee is paid.The
City Council finds that collection of the fees established by this chapter at the
time of the building pennit is necessary to ensure that funds will be available ror
the construction of facilities concurrent with the need for those facilities and to
ensure certainty in the capital facilities budgeting far the western part of the City.
(Ord. 3110 § 2, 2008; Ord. 3109 ,��' 2. 2008; Ord. 3108 § 2, 2008; Ord. 3107 y 2,
2008; Ord. 3106 § 2, 2008).
Ordinance I�o. 3327
Paee No. 9
3.55.080 Pur op se and use of fee.
_....... — --._....... --
The fees collected shall be used b} the Cin for the following purposes as
determined b��the Cit�� Council:
A. To pay for the construction of facilities b�� the Cin-, or to reimburse the Cin�
for facilities installed bv the Cirv ���ith funds from other sources.
B. To reimburse developers H�ho ha��e been required b}� CVn4C 3.>j.l�0(.A) to
install impro��ements that are major streeu and are listed in CVMC 3.��.030 or
3.>j.03�.
C. To reimburse developers N�ho ha��e been permitted to install improvements
pursuant to CVA4C 3.».1�0(B). (Ord. 3110 § 2. 2008; Ord. 3109 § 2, 2008; Ord.
3108 § 2, 2008; Ord. 3107 § 2, 2008; Ord. 3106 § 2, 2008).
3.��.090 Amount of fees.
--..............._.._.._-----................._.......____....._........_...._..... ....._......_.................._........__-------....... --
A. The Fees shall be the amounts as set forth below in Table 1. The amount of a
fee shall be adjusted on October 1. 201� and on each October 151 thereafrer. The
annual inflation adjustment N�ill be based on the one-yeaz change (from July to
Jul}�) in the Calvans Highwav Construction Cost Index or the Los Angeles
Construction Cost Index as published b}� the Eneineering I�'e���s Record (ENR), or
an increase of at least t�a�o percent. The proQram coilects nvo percent of the total
hazd project cost estimate for proeram administration.
B. Adjustments to the fees based upon the annual adjustment authorized in
CVMC 3.».090(A) shall be automatic in accordance «�ith annual action tal:en by
the San Die�o Association of Governments (SANDAG) Board of Directors and
shall not require further action bv the Cit�� Councii. The �'l'TDIF and BFDIF inay
also be revie��=ed and amended bv the Cit�• Council as necessarv based on chanses
in the t��pe, size; location or cost of the facilities to be financed b}� the fee;
changes in land use desienation in the Cit�'s General Plan; and upon other sound
engineerine; financine and plannins information.
Table 1
PROPOSED �VTDIFBFDIF FEE PER LAND USE CLASSIFICATION
Proposed TDIF Fee per EDU: I S3,907 I S9,4�2
BFDIF
Land Use Classification EDUs ��'TDIF Rate Rate
RESIDENTIAL I
Residential (LOV1) 0 to 6 d«�elling units per acre 1 per EDU 53,907/DU 59,442/DU
Residential (A4ED) 6.1 to 20 d���ellins units per acre 0.8 per EDU I S3,125/DU S7,554/DU
Residential (HIGH) O��er 20 d��elline units per acre 0.6 per EDU S2,34�/DU S�,665/DU
Ordinance No. 3327
Page No. 10
Mobile Home 0.> per EDU �1,953/DU �4,721/DU
COMMERCIAL
Regiona] Commercia] Contain ] — 5 major dept. stores
and usually have more than 50 �78,140/ 5188,8�0/
tenants. Tvpically larger than 40 ZO EDU/Acre pere Acre
acres.
Community Smaller in that size than regional.
Commercial Contain junior dept. store or
vaziety store, (i.e., Target Center
with other commercial stores) as a 28 EDU/Acre ��09,396/ �264,376/
major tenant and have l 5 to 50 Acre Acre
other tenants. Smaller in size, 8 —
�0 acres.
Neighborhood Less than 10 acres. lncludes �187,536/ �453,216/
Commercial supermazket and drug store. May 48 EDU/Acre
include office spaces. Acre Acre
Neighborhood Same as abo��e but in square 5�5,322/
4.8 EDU/KSF �18 753/ KSF
Commercial footage. ' KSF
Street Front Commercial activities found along
Commercial major streets, not in a planned �62,512/ �151,072/
center��ith limited on-site �6 EDU/Acre Acre Acre
parking.
Retail Commercial Specialty retail/strip commercial. �6 �DU/Acre �62,512/ $151,072/
Acre Acre
Wholesale Trade Usuall}� located near
transportation facilities. Structures
are usually lazge and cover 24 EDU/Acre �93,768/ �226,608/
majority of the parcel. Examples Acre Acre
are clothing and supply; also
includes swap meet areas.
OFFICE
Hi�h Rise Office n9ore than ]00;000 S.F. and 6+ �234 420/ �566 520/
� Stories 60 EDU/Acre Acre Acre
Loti� Rise Office < 6 Stories 30 EDU/Acre �117,210/ 5283,260/
Acre Acre
Low Rise Office (in < 6 Stories
thousands of square 2 EDU/KSF ��>814/ �18,884/
feet) KSF KSF
Medical Office Medical and dental facilities 50 EDU/Acre �195,350/ �472,100/
Acre Acre
LODGING
Ordinance No. 3327
Paee No. I 1
Low Rise Hotel/Motei <4 Stories S78,140/ 5188,840/
�0 EDU/Acre
� Acre Acre
Low Rise Hotel/I�4otel <4 Stories 1 EDU/Room �3,907/ 59,�42/
Room Room
High Rise Hotel >=4 Stories 30/EDU/Acre �117,210/ 5283,260/
Acre Acre
INDUSTRI' I
Hea��� Industry Shipbuildine. airframe, and
aircraft manufacturin�. Usuall��
located nezt to transportation 546,88d/ 5113,304/
facilities and commercial areas. �� EDU/Acre Acre Acre
Parcels are t��pically 20— �0
acres.
\Varehouse/Storage Usuall}� lazse buildines located 523,442/ S56,652/
near free���a��s, industrial or strip 6 EDU/Acre pere Acre
commercial azeas.
� Industrial Pazk Office/industrial uses clustered
into a center. The primarv uses aze 535,163/ S84,978/
industria] b�� ma}� include hieh 9 EDU/Acre
percentaees of other uses in Acre Acre
service or retail acti��ities.
Light Industrial Ali other industria] uses and
manufacturina not included in 20 EDU/Acre 578,140/ 5188,8�0/
cateeories above. Acre Acre
(Ord. 3246 § 1, 2012; Ord. 3214 � 1, 2011; Ord. 3110 § 2, 2008; Ord. 3109 § 2,
2008; Ord. 3108 § 2. 2008; Ord. 3107 y 2, 2008: Ord. 3106 y 2, 2008).
3.�>.100 De��elopment projects esempt from the fee.______
A. Development projects b�� public agencies shall be exempt from the provisions
of the fee iFthose projects are designed ro provide the public sen�ice for ���hich the
agenc}� is charged (public purpose).
B. Communih� purpose facilities ��hich are not operated for profit (nonprofit
communit�� purpose facilities) are also exempt inasmuch as these institutions
provide benefit to the community as a �+hole. includine ail land use cateeories
��hich are the subject matter of the fee. The Cit�� Council hereby determines that it
is appropriate to spread anti� impact such nonprofit communin� purpose facilities
mieht ha��e to the other land use categories subject [o the fee. In the e��ent that a
court determines that the exemption herein extended to communitv purpose
facilities shall for am� reason be im�alid. the Citv Council hereb�� allocates the
nonprofit community purpose facilities fair share to the Cit}� of Chula Vista and
not to an}� of the land use categories ti�hich are the subject matter of the
de��elopment impact land use categories.
Ordinance No. 3327
Page No. 12
C. Development projects which are additions or expansions to eaistino dwelline
units or businesses. escept special land use projects, shall be exempt if the
addition or expansion does not result in a net increase in dwelline units or
commercial/industrial acreage. (Ord. 3110 § Z; 2008; Ord. 3109 § 2. 2008; Ord.
3108 § 2, 2008; Ord. 3]07 § Z. 2008: Ord. 3106 § 2, 2008).
3.».110 Authorih� for accountinR and expenditures.
................................................................ ......................... ...... e ..
............ .......... ...
A. The fees collected shall be deposited into a specific fund based on the area
��ithin which the de��elopment occurs. Fees collected for development within the
Westem Area shall be deposited into a Western Transportation Development
Impact Fee financing fund and a fees collected from development within the
Bayfront Area shall be deposited in a Bayfmnt Development lmpact Fee
financing fund (WTDIF and BFDIF fee funds, or funds), which funds are hereby
created.
B. The Director of Finance is authorized to establish two separate funds for the
facilities identified in this chapter, to establish accounts within the funds for the
various improvements and facilities identified in this chapter, and to periodically
mal:e expenditures from the funds only for the purposes set forth herein in
accordance with the facilities phasing plan or capital improvement plan adopted
by the City CounciL (Ord. 3110 § 2, 2008; Ord. 3109 § 2, 2008; Ord. 3108 � 2,
2008; Ord. 3107 § 2, 2008; Ord. 3106 § 2, 2008).
3.5�.120 Findings.
_.... ._.................... ................................................................................................................ .................. .
The City Council finds that:
A. Collection of the fee established by this chapter at the time of the building
permit issuance is necessar}� to provide funds for the transportation facilities
identified in CVMC 3.��.030 and 3.JJ.03� and to ensure certainty in the capital
facilities budgeting for gro�rth-impacted public transportation facilities; and
B. The purpose of the fees hereby enacted prevents new development from
reducing the quality and availabilit�� of public transportation infrastructure
facilities provided to residents of the City by requiring new development to
contribute to the cost of additional capital transportation infrastructure
improvements needed to meet the gro�rth generated by such development; and
C. The revenue from the fees hereby enacted will be used to construct public
facilities and infrastructure and pay for other capital eapenditures needed to serve
new development as identified in the Engineers Report dated February, 2008, the
2014 WTDIF Nexus Study, the 2014 BFDIF Nesus Study and as provided b}� the
San Diego Unified Port District (collectively "Fee Studies"); and
D. Based on analyses presented in the Fee Studies there is a reasonable
relationship between:
Ordinance No. 3327
Paee I`'o. 13
1. The use of the fees and the tvpes of development projects on H�hich the�
are imposed;
2. The need for facilities and the t��pes of de��elopment projects on ���hich the
fees aze imposed; and
3. The amount of the fee and the cost of the public facilitv or portion of the
public facilit}� attributable to the de��elopment on which the fee is imposed.
(Ord. 3110 § 2. 2008; Ord. 3109 § 2. 2008; Ord. 3108 § 2. 2008; Ord. 3107
§ 2, 2008; Ord. 3106 § 2. 2008).
3.�i.130 Fee additional to other fees and char;es.
---._........---._.._....---- -------........-----._..... .........__. --------
This fee is in addition to the requirements imposed b�� other Cit}� la���s; policies or
reeulations relatine to the construction or the financins of the construction of
public improvements ���ithin subdivisions or developments. (Ord. 31 10 § 2, 2008:
Ord. 3109 § 2, 2008; Ord. 3108 � 2, 2008; Ord. 3107 � 2, 2008; Ord. 3106 § 2,
2008).
3.i51�0 Developer construction of transportation facilities.
-----......................_..........
.A. V�'henever a developer of a development project ���ould be required by
application of City la�+� or policy; as a condition of appro��al of a de��elopment
permit, to construct or finance the construction of a portion of a transportation
facilih- identified in CVMC 3.».030 or 3.».03�, the Cit�� Council may impose
an additional requirement that the developer install the impro��ements u�ith
supplemental size, leneth or capacit�� in order to ensure efficient and timel��
construction of the transportation facilities netw�ork. If such a requirement is
imposed, the Cit�� Council shall, in its discretion; enter into a reimbursement
agreement �ti�ith the de��eloper, or give a credit aeainst the fee otherH�ise levied bv
this chapter on the de��elopment project, or some combination thereof.
B. �l'hene��er a de��eloper requests reimbursement; or a credit against fees. for
work to be done or paid for b�� the developer under subsection (A) of this section,
the request shall be submitted in ���ritine to the Cit�� 1�4anaeers desienee.
1. The request shall contain a description of the project ���ith a detailed cost
estimate �vhich itemizes those costs of the construction attributable to the .
transportation facilit�� project and excludes anv work attributable to a
specific subdi��ision project. The estimate is preliminarv and the amount of
reimbursement or credit asainst fees is subject to final determination b}� the
City 1�4anaeers designee�Additional information shall be pro��ided to the
Cit�� b}� the de��eloper upon request of the Citv.
2. Such reimbursement or credit aeainst fees shall be subject to the
follo�+�ine conditions:
a. Requirements of Developer.
Ordinance No. 3327
Page No. 14
i. Prepazation of plans and specifications for approval by the City;
ii. Secure and dedicate any right-of-way required for the
transportation facilit}� project;
iii. Secure all required permits and em�ironmental clearances
necessan� for the transportation facility project;
i�. Pro��ision of performance bonds (�fiere the developer intends
to utilize provisions for immediate credit, the performance bond
shall be for ]00 percent of the value of the transportation facility
project);
v. Pavment of all Citv fees and costs.
b. The City ���ill not be responsible for any of the costs of constructing
the transportation facility project. The developer sha11 advance all
necessar}� funds to construct the transportation facility project.
c. The developer shall secure at least three qualified bids for work to be
done and shall a��azd the construction contract to the lowest qualified
bidder. The developer may combine the construction of the
transportation facility project with other development-related work and
award one construction contract for the combined work based on a
clearly identified process for determining the low bidder, all as
approved by the City Manager's desi�nee. Should the construction
contract be awarded to a qualified bidder who did not submit the
lowest bid for the transportation facility prqject portion of the contract,
the developer �vill only receive transportation development impact fee
credit based on the lowest bid for the transportation facility portion of
the contract. Any claims for additional payment for eatra work or
charges shall be justified, shall be documented to the satisfaction of the
City Manager's designee and shall only be reimbursed at the prices for
similar work included in the lowest bid for the transportation facility
portion of the contract.
d. Upon complying with the conditions set forth in subsections (B)(1)
and (B)(2)(a) of this section as determined by the Cit}� and upon
appro��al of the estimated cost by the City Managers designee, the
developer shall be entitled to immediate credit for 50 percent of the
estimated cost of the construction attributable to the transportation
facilirn project. Once the developer has recei��ed valid bids for the
project ��hich comply w�ith subsection (B)(2)(c) of this section, entered
into binding contracts for the construction of the project; and met the
conditions set forth in subsections (B)(1) and (B)(2)(a) of this section
as determined b}� the Cih�. all of which have been approved by the City
Manaeer's designee, the amount of the immediate credit shall be
Ordinance No. 3327
Pase No. 1�
increased to 7� percent of the bid amount attributable to the
transponation facilitv project. The immediate credits shall be applied to
the developer`s obligation to pa�� transportation development impact
fees for buildine permits issued afrer the establishment of the credit.
�I�he developer shall specifi� these buildine permits to �;�hich the credit
is to be applied at the time the de��eloper submits the buildin_ permit
applications.
e. If the developer uses all of the immediate credit before final
completion of the transportation facilit�� project; then the developer
mav defer pa��ment of de��elopment impact fees for other building
permits by pro��idine to the City liquid securitv such as cash or an
irre��ocable ]etter of credit. but not bonds or set-aside letters. in an
amount equal to the remainine amount of the estimated cost of the
transportation facilit�� project.
f. R1ien all ���ork has been completed to the satisfaction of the Citv, the
de��eloper shall submit verification of pa��ments made for the
construction of the vansponation facility project to the City. The Citv
Manager's designee shall mal:e the final determination on expenditures
which aze eligible for credit or cash reimbursement.
g. Afrer final determination of eligible e�penditures has been made by
the City Manasers desi=nee and the developer has complied ���ith the
conditions set fonh in subsection (B) of this section, the final amount
of transportation development impact fee credits shall be determined
by the Cin� Manaeers desienee. The developer shall recei��e credit
asainst the deferred fee obligation in an amount equal to the difference
ben��een the final e�penditure determination and the amount of the 7�
percent immediate credit used, if an��. The Citv shall notifi� the
de��eloper of the final deferred fee oblieation, and of the amount of the
applicable credit. If the amount of the applicable credit is less than the
deferred fee oblieation; then the de��eloper shall ha��e 30 davs to pay
the deferred fee. If the deferred fees are not paid within the 30-dav
period; the Citv ma�� make a demand aeainst the liquid security and
apph� the proceeds to the fee oblieation.
h. At the time building permits are issued for the developer's project,
the City ���ill incrementall�� apply credit ���hich the developer has
accrued in lieu of collecting the required transportation development
impact fees. The amount of the credit to be applied ro each buildin_
permit shall be based upon the fee schedule in effect at the time of the
building permit issuance. The Cit�� nlanaeers designee shall convert
such credit to an EDU basis for residential�de��elopment and/or a �ross
acre basis for commercial or industrial development for purposes of
determining the amount of credit to be applied to each buildine permit.
Ordinance No. 3327
Page No. 16
i: If the total eligible construction cost for the transportation facilit}�
project is more than the total transportation development impact fees
which ti�ill be required for the developer's project, then th"e amount in
e�cess of development impact fees will be paid in cash when funds are
available as determined by the City Manager; a reimbursement
agreement will be eaecuted; or the developer may waive
reimbursement and use the eacess as credit against future
transportation de��elopment impact fee obligations. The City may, in its
discretion. enter into an agreement with the developer to convert excess
credit into EDU and/or gross acre credits for use against future
development impact fee obligations at the fee rate in effect on the date
of the agreement.
j. The requirements of this subsection (B) of this section may, in the
City's discretion, be modified through an agreement between the
developer and the City and approved by City Council.
C. Whenever a transportation development impact fee credit is generated by
wnstructing a transportation facility using assessment district or community
, facilities district financine. the credit shall only be applied to the transportation
development impact fee obligations within that district (Ord. 3110 § 2, 2008;
Ord. 3109 § 2; 2008; Ord. 3108 § 2, 2008; Ord. 3107 § Z, 2008; Ord. 3106 y 2,
2008).
3.i�.160 Procedure for fee wai��er or reduction.
A. Any developer ti�ho, because of the nature or type of uses proposed for a
development project, contends that application oSthe fee imposed by this chapter
is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the
development. may apply to the City Council for a waiver, reduction, or deferral of
the fee. A development which is designed and intended as a temporary use (10
years or less) and which is conducted in facilities which are, by their nature, short-
term interim facilities such as a portable or modular building (including mobile
homes, trailers, etc.) may qualify for a ��aiver, reduction, or deferraL In addition,
a deferral ma}� be granted on the basis of demonstrated economic hardship on the
condition that: (1) the use offers a significant public benefit; (2) the amount
deferred bears interest at a fair market rate so as to constitute an approximate
value equi��alent to a cash payment; and (3) the amount deferred is adequately
secured by agreement ti�ith the applicant. Unless the requirement for timel,y filing
is wai��ed by the City, the application shall be made in �vriting and filed with the
Cit}� Clerk not later than 10 days afier notice of the public hearin� on the
development permit application or the project is given or, if no development
permit 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.
B. The City Council shall consider the application at a public hearing on same,
notice of which need not be published other than by description on the agenda of
Ordinance I�'o. 3327
PaQe I�'o. 17
the meetine at Nhich the public hearine is held. Said public hearina should be
held ��ithin 60 davs after its filine. The decision of the Cirv Council shall be final.
If a deferral. reduction or ��ai��er is eranted. it should be eranted pursuant to an
agreement �ith the applicant and the propem- o��ner. if different from the
applicant. providin� that an�� change in use �rithin the project shall subject the
de�-elopment to pa��ment of the full fee. The procedure provided b}� this section is
additional to anv other procedure authorized b}� la�i- for protesting or challeneine
the fee imposed by this chapter. (Ord. 3110 � 2. 2008; Ord. 3109 § 2, 2008: Ord.
3108 5 2, 2008; Ord. 3]07 y 2. 2008: Ord. 3106 § 2, 2008).
35�.170 Assessment districts.
_.._................._._......_.—_..__ .._.._.._......._..__._.......................----.._..__....................._...._...---....... ..._...._..----...........................
lf an}� assessment or special ta.�ine district is established for anv or all of the
facilities listed in CVMC �.».030 or 3.>j.03�. the o���ner or developer of a
project ma}� apph to the Cin� Council for a credit aeainst the fee in an amount
equa] to the developmenrs attributable ponion of the cost of the authorized
improvements as determined bv .the Cirv Manager's designee, plus incidental
costs normalh occumne �vith a construction project, but e�cludine costs
associated ��ith assessment district proceedings or financine. (Ord. 3110 § 2;
2008; Ord. 3109 � 2, 2008; Ord. 3108 � 2, 2008; Ord. 3107 �2. 2008; Ord. 3106
� 2, 2005).
3.��.180 Eco�omic incentice credit.
__- __----- - - - - - - __ _ _ _...
The Ciri- Council ma}� authorize the Ciri- to participate in the financin_ of
transportation facility projects or portions of transportation facilitv projects as
defined in C\TMC 3.��.0�0 or 3.>j.03� at the time of the appropriation of funds
b�� City Council for the construction of an elieible transportation faciliri; the Citv
shall be elieible to receive a credit knonn hereafrer as an economic incentive
credit. Such economic incentive credit may be applied to de��elopment impact fee
oblieations for those projects �vhich the Cin- Council determines. in its sole
discretion. to be beneficial to the Citv. The use of the economic incentive credit
ma}� be subject to conditions ���hich shall be set forth in a ��ritten asreement
benveen the de��eloper of the project and the City and appro��ed b}� Cin� Council.
The Ciri� ma� receive economic incenti��e credit onlv for those eligible projects
identified in CVMC 3.».030 and 3.>j.03� for amounts of fundine not identified
in the most recent eneineering smdy. (Ord. 3ll 0 � 2: 2008; Ord. 3109 � 2. 2008;
Ord. 3108 § Z. 2008; Ord. 3107 § 2, 2008; Ord. 3106 � 2, 2008).
3.��190 Fund loans.
A. Loans bv the Citv. The Cit�� mav loan funds to the funds to pa}� for facilities
should the funds ha��e insufficient funds to cover the cost of said facilit��. Said
loans, if granted, shall be approved upon the adoption of the annual Cit} budeet or
upon resolution of the Citv Council and shall cam interest rates as set b� the Cit}�
Council for each fiscal vear. A schedule for repa}�ment of said loans shall be
established at the time the} are made and approved bv the Council, ���ith a
ma�:imum term not to exceed the life of the fund.
Ordinance No. 3327
Page No. l 8
B. Developer Loans. A developer may loan funds to the City as outlined in
CVMC �.».1 i0. The City may repa}� said developer loans with interest. under
the terms listed in subsection (A) of this section. (Ord. �I 10 § 2, 2008; Ord. 3109
j 2. 2008; Ord. 3108 § 2, 2008: Ord. 3107 § 2, 2008; Ord. 3106 § 2, 2008).
3.5�.200 Effective date.
This chapter shall become effective January 18, 2014. (Ord. 31 ]0 § 2, 2008: Ord.
3109 § 2, 2008: Ord. 3108 § Z, 2008; Ord. 3107 § 2, 2008; Ord. 3106 § 2, 2008).
Section II. Se�•erabilit�•
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction. that portion shall be deemed severable, 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 would 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 invalid, unenforceable or unconstitutional.
Section III. 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 iV. Effective Date
This Ordinance shall become effective 60 days after its second reading and adoption.
Section V. Publication
The City Clerk shall certif}� 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
_ `
Richard A�-I }. 8° len R. gins ( �
Director of Publ Works C Atto y �
Ordinance No. 3327
Page No. 19
PASSED. APPROVED. and ADOPTED b�� the Citv Council of the Cin of Chula V"ista.
Califomia. this 2nd da�� of December 2014. b�� the followine vote:
.AYES: Councilmembers: Bensoussan. Ramirez. Salas and Co�
\Al'S: Councilmembers: I�'one
.ABSEI�'T: Councilmembers: Aeuilar
Patricia AQuil . epu[y A4a}�or
ATTEST:
Donn R. I`'oms. CM . Citv Clerk
STATE OF CALIFOR�'IA )
COLT?�TTY OF S.4i\' DIEGO )
CITY OF CHULA VIS7A )
I, Donna R. ?�'orris. Cit�� Clerk of Chula Vista, Califomia, do herebvi certifi� that the foreQoine
Ordinance No. 3327 had its first readin� at a reeulaz meetine held on the 18th da�= of November
2014 and its second readine and adoption at a regulaz meeting of said Cirv Council held on the
2nd dav of December 2014; and was duh� published in summan� form in accordance ��ith the
requirements of state la�v and the Cit�� Chaner.
/�. �
Dated Donna . Noms. Cn C. Ci Clerk