HomeMy WebLinkAboutOrd 2014-3328 ORDII�'ANCE �O. 3328
ORDII�AI�'CE OF THE CITY COUt`TCIL OF THE CITl' OF
CHLTLA VISTA. AMENDING CHULA VISTA MUI�'ICIPAL
CODE CHAPTER 3.�4. RELATII�'G TO DEVELOPMET�'T
IMPACT FEE TO PAY FOR THE TRAI�'SPORTATION
FACILITIES IN THE CITY'S EASTERt�T TERRITORIES
Vd"I-IEREAS, in Januarv 1988. the Citv Council of the Cit�� of Chula Vista adopted
Ordinance I�'o. 22�1 establishin2 a de��elopment impact fee for transportation facilities in the
Cin's eastem temtories: and
�1'HEREAS, pursuant to Ordinance No. 22�1. the Cin� has commenced the collection of
de��elopment impact fees to be used to construct ttansportation facilities to accommodate
increased traffic generated by ne�a development within the Cirv's eastern temtories; and
R'HEREAS, Ordinance No. 22�1 as amended by Ordinance Nos. 2289. 2348, 2349,
2431. 2�80. 2604. and 2671 ti�ere repealed b}� Ordinance No. 2802 in January 1999; and
R'HEREAS, by Ordinance 2802, the Transportation Development Impact Fee (TDIF)
���as placed in Municipal Code Chapter 354: and
�'l'HEREAS. Municipal Code Chapter 3.�4 was amended bv Ordinance No. 2866; and
Vl'T-IEREAS, bv Ordinance No. 3029. on May 10. 200�, the Transportation De��elopment
Impact Fee Program �vas updated to include ne�v costs and facilities; and
R'HEREAS. pursuant to the Municipal Code, Califomia Govemment Code Sections
66000: et. seq.; and in accordance N�ith City Council direction, City staff, has prepazed a report
entitled "Eastem Area Transportation Development Impact Fee" dated September 2014, in which
the impacts of de��elopment on the transportation system for the City's eastern territories.
pre��iouslv anal}�zed in the respective eastem temton� traffic studies for each of the master
planned communities have been reanalvzed and ree��aluated to identify capital impro��ements
necessar}� to mitieate the impacts on the transportation s��stem caused b}� ne�ti� de��elopment in the
eastem territories of Chula Vista and establish the costs associated therefor: and
A'HEREAS, the financial and engineerine studies and the City's General Plan sho�<< the
transportation net���ork will be adversely impacted by new� development «ithin the eastem
territories unless new transportation facilities aze added to accommodate the ne�v development;
and
WHEREAS. the financial and enaineerine smdies and the Citds General Plan establish
that the transportation Facilities necessitated b}� development in the eastern temtories comprise
and inteerated net�a�ork: and
Ordinance No. 3328
Page No. 2
WHEREAS; the Citys Municipal Code authorizes the Cit}� Council to amend or modify
the list of projects to be financed b}� the fee; and
WHEREAS, the City's 'Municipal Code 3.54.060 Development Impact Fee program
support will be at a rate equal to three percent (3%) of the program's hard project costs
consistent with the neaus study; and
WHEREAS, on October 28, 2014, the City Council of the City of Chula Vista held a duly
noticed hearing at which oral or wTitten presentations regarding the development impact fee for
the City's eastem temtories could be made; and
WHEREAS; the City`s Environmental Re��iew Coordinator has reviewed the proposed
activity for compliance with the Califomia Environmental Quality Act (CEQA) and has
determined that the activity is not a "ProjecP' as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity
is not subject to CEQA.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: Findinas
The City Council finds that developers of land within the Eastern Territory should be required to
mitigate the burden created by development through the construction of transportation facilities
within the boundaries of the development, the construction of those transportation facilities
outside the boundaries of the development which are needed to provide service to the
development in accordance with City standards and the payment of a development impact fee to
finance the development's portion of costs oFthe transportation network; and
The City Council finds that the legislative Gndings and determinations set forth in Ordinance
No.2802 continue to be true and correct; and
The City Council finds, after consideration of the evidence presented to it induding the "Eastern
Area Transportation Development Impact Fee" dated September 2014, that certain amendments
to Chapter 3.54 of the Chula Vista Municipal Code are necessary in order to assure that there are
sufficient funds a��ailable to finance the transportation facilities necessary to serve the eastern
temtories by the development impact fee; and
The City Council finds, based on the evidence presented at the meeting, the City's General Plan,
and the various reports and information received by the City Council in the ordinary course of its
business, that the imposition of traffic impact fees on all development in the eastem territories
for which building permits have not been issued is necessary in order to protect the public health,
safety and welfare and in order to assure effective implementation of the City's General Plan;
and
The City Council finds that the amount of the ainended fees levied by this ordinance does not
e�ceed the estimated cost of providing the transportation facilities; and
Ordinance I�'o. 3328
Paee I�TO. 3
The City Council finds that it is appropriate to refine the Fees for office and commercial land
uses. includine hiah rise commercial. to reflect the findines of the analvses of the commercial
trip origination and destination �fiereb}� onl}� estimated trips generated from outside the
Transponation Development Impact Fee boundar�� shall be used in determinina the fee for
commercial land uses: and
The City Council finds it is necessan� to ensure the timel�� pa��nent of the "DIF proeram
monitorinQ ` cost item, included in Table H "Program Fundina Requirements ' of the financial
and engineering stud��. "Eastern Area Development Impact Fees for Streets" dated September
2014, to adequatel�� fund on�oine and future administration acti�ities and studies.
SECTION 2:
That the Development Impact Fee Schedule set forth in Section 3.�4.010(C) of the Municipal
Code, and as adjusted annually b}� the Los Angeles Construction Cost Index as published
monthh� in the Eneineerine Ne�i�s Record, shall be amended to read as folloti�s:
C. The amount of the fee for each development shall be calculated at the time of buildine permit
issuance based upon the folloti�in� schedule:
TABLE J
PROPOSED TD1F FEE PER LAND USE CLAS5IFICATION
Proposed TDIF Fee per EDU: sS13;035�00�
�Land Use Classification �., _ . - - .-.mU's =: -��" -=.s��TDIF RateF;_=:�_'
R_>i�.,ntial(LOVJ) R5 d•a�ellmg un�ts oa aae' 1!] EDU!]U 5 1 j�'_•�:� o;.r�L�
R�;id:r�5ai(1.4=?) 6.1-13 d�n�e�mg imits oer acr-e' 0:3 EDUN7J S 10,=.x:�3C� oer�U
Residential(,�IGj) >io.i dv:�lling unts per eae' O.o EDU,�U 5 i,`�_t!?�� o_r DU
Senior��ou�irt9 �).= EDUf7U 5 ;2i=..� o.r�U
R�iden5al A4a�Us." >ie dv,:l6nq un3s par su:' �]." EDU,'?U 5 :.21":!7C� Dc7 7U
CA�tmercial I,h'a.:,d U�" 16!] EDUC1�)�J�?�?Sa ft S 2��3�°_;��u� rr=u,'-'uu_°ua ft
Cic�tictc�1Ai11'11cfpE�(."+CfB� �i1Vc(�)54Xt=i 91 hEtOhi 7�:�) E�1I�;�'.Cf." �y��lj�riui�ll'� �f.".U�
R�lonel Comlilclqul(.4Ctc) >5G�j,G�jC�sq R 11�7 EDU;-.aa S 14;'�".•�p� a;,r„aa
F'�oh�JiF COlM7."YGuI i".a:) >iv:(:):tai�a�n;iaht ?�i0 EDU!=.ae 5 3c—".,�'d!Oi� o:r Aaa
�7��ice(Aaz) <iv:('_•)�t�xi�m heioht f.�] EpU1.-•.ae S 111:'�i`�? xr.�ua
Ir�du��i(."-.cre) 90EDU;Aa, 511i:'•t`!x� �r;;c�a
R�iOnul TcChn0loay F�ri;(."-.ae) =�] EDUI.;aa S iD'.:_:�-n� per',a=
iF-No".Go:fCow•,.: i0.�] EDUICour�. S31?.=`A.Oi� xrC-e�ua.
I•/,,di�.J Gen:zr A=.O EOU�^-.a:, S 3"7:27`!?i� o�r:;aa
�1.'m mo:.^aaea�
,�.'lw�ect is con7c+ard commarciai m'v.sd us�only�q�sSiMng r.-sidanJal ma��us�=i�(oc.fzd on secord�ax; ct rghar.
abova commtrci&i oro;'ect
Ordinance No. 3328
Page No. 4
The density of the de��elopment type shall be based on the number of dwelling units per gross
acre for single-family or multi-famil}� residential and shall be based upon the densities identified
on the approved tentative map or approved tentative parcel map entitling the development unless
other��ise approved in writing by the city manager's designee. Gross acreage as it applies to the
commercial; high rise 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 aze being requested.
The amount of the fee shall be adjusted, starting on October ], 201�, and on each October lst
thereafrer, based on the one-year change (from July to July) in the Los Angeles Construction
Cost Indes as published monthl}� in the Engineering News Record. For reference purposes, this
update is based on the Jul}� 2014, Los Angeles Construction Cost [ndex of 10.737.43.
Adjustments to the above fees based upon the Construction Cost Index shall be automatic and
shall not require further action of the cit}� council.
The city council may adjust the amount of the fee as necessary to rellect changes in the type,
size, location or cost of the transportation facilities to be financed by the fee, changes in land use
designations in the city's general plan, and upon other sound engineeriag, financing and planning
information. Adjustments to the above fees resulting from the above reviews may be made by
resolution amending the master fee schedule.
SECTION 3:
A. That Section 3.54.020 of the Municipal Code, shall be amended to read as follows:
3.54.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be construed as defined
herein, unless from the context it appears that a different meaning is intended.
H. '`Financial and engineering studies' means the `Interim Eastern Area Development
Impact Fee for Streets" study prepared by George T. Simpson and Willdan Associates dated
November 1987; the `'Eastern Area Development Fee for Streets ' study prepared by Willdan
Associates dated November 19; 1990; the Eastern Development Impact Fee for Streets - 1993
Revision" study prepared by city staff dated July 13, ]993; the study prepared by Project Design
Consultants ("Eastern Area De��elopment Impact Fees for Streets, 1999 Update") dated October
25 1999; the study prepared by Willdan ("Eastern Area Deve]opment Impact Fees for Streets'
dated July 2002); the study prepared by city staff(`Eastem Area Transportation Development
Impact Fees ' dated Mazch 2005) and; the study prepared by city stafF ("Eastem Area
Development Impact Fees' dated September 2014, which are on file in the office of the cit}�
clerk.
Ordinance?�'o. 3328
Paee Ivo. �
B. 7'hat Section 3.�4.030(A) of the Chula Vista n9unicipal Code shall be amended as
folloN�s:
3.�430 Transponation facilities to be financed bv the fee.
A. The transportation facilities R proarams to be financed b�� the fee established bv this chapter
aze:
�. CD 17: F..... C.,,. AA:....el D.....� �.. T�7�..�....1. !`......,... D,...,1
7 CD i K F..... T.,7.,..�....L. /"......,... D....,J � l�I. ...._.:,. D..�1... ...
_. _ C
3.** Teleeraph Cam�on Road from Paseo Del Re}� to east of Paseo Ladera north side
3a.** Telegraph Canyon Road/ I-805 interchange, Phase Ii.
36.** Teleeraph Canyon Road from I-80� interchange to 200` east of Teleeraph Can}�on
Shoppine Center
4.** Telegraph Can}�on Road, Phase I: Ruteers Avenue to Eastlake Boundarv.
�.** Telegraph Can}�on Road, Phase II: Paseo Ladera to Apache Drive.
6.** Tele_raph Canyon Road. Phase ]II: Apache Drive to Ruteers A��enue.
7a.** East H Street throueh Rancho Del Rev
76.** East H Street / I-80� interchange modifications, Phase I
7c.** East H Street / I-80� interchange modifications, Phase II
8.** East H Street from Eastlake Drive to SR-12�.
9a.** Otav Lakes Rd intersection H�ith East H Street
96.** Ota�� Lakes Road from Camino del Cerro Grande to Ridgeback Road.
]0.** Central A��enue from Bonita Road to Corral Camon Road
10a.** La Media Road from Teleeraph Can}�on Road to East Palomaz Street.
l Ob.** La D4edia Road from East Palomar Street to Oh�mpic Pazk���a��.
11.** Bonita Road from Otav Lal:es Road to �'illoH= Street.
-1'_'. �e..:.., n,...,, F,..� �,...:_.., ...eEwe-te �r�:�Qel-F��
19 C.... T,1:......1 D,.,,A C,..„ D,.„:�.. D,.,.,� �,. CD 17:
14.** East H Street from SR-125 to San Mieuel Road (A�t. Miguel Road).
1�.** Proctor Valle}� Road (East H Street) from San Miguel Road (Mt. Mieuel Road) to �
Hunte Parkwav.
16.** Ol}�mpic Park�va�� from Brand��rine Avenue to Paseo Ranchero.
17.** East Palomar Sveet from Oleander Avenue to Medical Center Drive.
17a.** East Palomar Sveet from Medical Center Dm�e to Paseo Ladera.
17b.** East Palomar Street from Paseo Ladera to SunboH� eastem boundan�.
18.** Telearaph Canyon Road, Phase IV: from eastern boundary of Eastlal:e to Hunte
Pazkw�a��.
19.** Eastlal:e Pazk��av from Otav Lakes Road to Eastlal:e Hieh School southern
boundarv.
20.** Hunte Park���ay from Proctor Valley Road to Teleeraph Canyon Road.
2L** Hunte Parkway from Telegraph Cam�on Road to Club House Drive.
21a.** Hunte Parkway from Club House Drive to Olympic ParkH�ay.
22a.** Ol��mpic Pazk���av. Phase N: from SDGRE easement to Hunte Pazkwav.
22b.** Olympic Pazkwa}�_ Phase V: from SR-12� to SDGRE easement.
Ordinance No. 3328
Page No. 6
23a.** Paseo Ranchero from Telegraph Canyon Road to East Palomaz Street.
23b.** Paseo Ranchero from East Palomar Street to Olympic Pazkway.
24a.** Olympic Park�i�ay, Phase 1: from Paseo Ranchero to La Media Road.
24b.** Olympic Parkway, Phase ll: from La Media Drive to East Palomar Street.
24c.** Olympic Parkway, Phase lll: rrom East Palomaz Street to SR-125.
24d. ni. .,, ,, n.._i........ c,..., co ��c .,, c,.,..i..i-o n.,.i...,
24e.** Olympic Park���ay, Phase VI: from Heritage Road to SR-125
25a.** Olympic Parkway/I-805 interchange modifications.
25b.** Olympic Parkti�ay from Oleander Avenue to Brandywine Avenue.
26.** East Palomar Street from Heritage Road to the Sunbow eastern boundary.
��. c,.,.. n..t,...,..,._ c._,.,.. i r onc :...,,_,.t.,..,..e
28a.** Otay Lakes Road from Hunte Parkway to Lal:e Crest Drive.
28b. Otay Lakes Road from Lake Crest Drive to Wueste Road
29.** Olympic Parkway from Hunte Parkway to Wueste Road.
30.** Otay Lakes Road from SR-125 to Eastlake Parkway.
31.** Eastlake ParkN�ay from Fenton Street to Otay Lakes Road.
32a.** East "H" Street (westbound) from 1-805 to Hidden Vista Drive.
32b.** East "H" Street (eastbound) from 1-805 to Terra Nova Shopping Center.
33a.** Bonita Road at Otay Lakes Road intersection.
33b.** Telegraph Canyon Road /I-805 interchange modifications, Phase 1
34. n.,... i ..i.e.. n,..,a .,. rt.,,t,.. ... n. „ro.n z'°;:
35.** East "H" Street at Otay Lakes Road intersection.
^� T...CC... C:,.«..I l..a,.�,.,......,..�:,... / C....�e«.. Te«.:�..«:o..
37.** Eastlake Parkway from CWA Easement to Olympic Parkway.
38.** East "H" Street from Paseo Del Rey to Tierra del Rey.
39.** Bonita Road from I-805 to Plaza Bonita Road.
�. A 1�.. D,....1 f..... CD 1'1[ t.. L'....�i..L,. D..�1........
41.** Brandywine/Medical Center Drive from Medica] Center Court to Olympic
Parkwav.
42.** Birch Road froin La Media Road to SR-125.
43. Birch Road from SR-125 to Eastlake Parkwav.
�. I]:�,.L. D..,..I ...... C....N„I.e D..«L.. ,.., a.. ll..«�,. D....1-..,....
45.** Eastlake Parkway from Olympic Parkway to Birch Road.
46. Eastlake Parkwap from Birch Road to Hunte Parkway / Rock Mountain
Road.
47a. San Miguel Ranch Road (formerly Mt. Miguel Road) from Proctor Valley
Road North to SR-125.
47b.** Mt. Miguel Road from SR-125 to Vroctor Valley Road (South); previously named
East "H" Street.
48.** Hunte Parkway from Olympic Parkway to Eastlake Parkway.
�. i ,, n�,.a:,. o,.,.a t��:a,.,, ,._ „ .w,. n.,.., o:.,,,� r,...,, w,.iv.�,. ,. ,.n
Sla.** La Media Road from Olympic Parkwa}� to Santa Venetia Street.
Slb.** La Media Road from Santa Venetia Street to Birch Road.
37 T .. TA,,.I:.. D.....7 f..... T1;,.,.1. D,....I �.. D....I. AA......t..:.. D..,,.]
52a.** La Media Road from Birch Road to Santa Luna Street
52b. La Media Road from Santa Luna Street to Main Street Couplet intersection.
Ordinance No. 3328
Pase No. 7
�3. ba ?�9e�ia-F�e..,, �,.....��. C,.... D..,.7- TA,.....�..'.. D....A n..... �r..n o,...a
a��.�a-�rc-rcrm�rr-ccvcic-.xvancmn-rvu�m-vm�--�c�xrC'mitonv:
53a. La �ledia Road Couplet �rithin Village 8 to Ota�� Valle}� Road.
�3b. A7ain Street Couplet Road ��•ithio Village 8W.
53c. Ota�� Vallev Road from La A7edia Road to SR-125 R/��'.
B�. i .. AAvA:� D.....1 C...... AA..:.. C��..,,. . ..1....... .. �.. 1.,.,...,1..�..
SSa. Ota}� Lakes Road from East H Street to Telegraph Cao��on Road.
»b.** Ota�� Lakes Road from Can��on Drive to East H Street
�6a.** A4ain Street from Nirvana A��enue to 1600` ��%est of Heritase Road /Rock
Mountain Road. �
��-o�A4a���ei-fro�-Daek-AR,......,.:_ o,...a .,, r .. �,re�i��-�a�
56c. Ota�� Valle�• Road (formerl�� A9ain Street) from La ?1ledia Road to SR 125.
�6d.** A4ain Street at 1-80� Underpass w�idening
56e. A1ain Street from 1600' west of Heritage Road /Rock Alountain Road to
Heritage Road / Rock Mountain Road (1.14ain Street extension).
57. Heritage Road (formerly Paseo Ranchero) from OI}'mpic Par6-��•a�� to AZaio
Street.
58a. Heritage Road (formerl�� Paseo Ranchero) from nlain Street to southern Cih�
boundary� (excludes bridge crossiog the Ota�- Ri�-er).
�8b. Heritage Road Bridge (formerlp Paseo Ranchero) crossing the Otay Ri��er.
�9a.** Proctor Valley Road from Hunte Pazkw�a}� to Rolline Hills Ranch Neighborhood 9
ti�est entrance.
�9b.** Proctor Vallev Road from Rolline Hills Ranch I`'eiehborhood 9 �ti-est entrance to
Rolling Hills Ranch Neiehborhood 9 east entrance�
�9c. Proctor Valley Road from Agua Vista Drive�orth��•oods Dri��e (Rolling Hills
Ranch Neighborhood 9 east entrance) to easterl}� cih� boundan�.
60a. Main Street (formerh� Rock Mountain Rd) from Heritage Rd to La Media
Rd.
60b. Main Street (formerh� Rock Mountain Road) from �Volf Canyon Bridge to
La Media Road.
60c. A7ain Street (formerl�� Rock A7ountain Road) Bridge across �Volf Cau��on.
60d. Main Street (formerl�� Rock Mountain Road) from La Media Road to SR-
125.
61. V1'illo��� Street Bridge from Bonita Road to S«•eeri��ater Road.
62. East H Street from 500 LF �rest of Buena Vista �Va�• to Ota�• Lakes Road.
63. S��stem �Vide Intersection signalization area withiu the Eastern Territories.
6d. Hunte Park�r�ay (11ain Street) from SR-125 to Eastlake Par6-�r•a��.
6�. Tra�sportation Demand Management/Traosportation S��stem A7a�agement
(f'ormerly Traffic Management Center).
66." Transportation Demand Management (TDM)
67. Main Street (formerl�� Rock Mountaio Road) Bridge O��ercrossing and
interchange ramps at SR-125.
68. Otap Valle�� Road Bridge Overcrossing and interchanee ramps at SR-12�.
69. Millenia A��enue from Birch Road to Hunte Park���ay (Main Street).
70. Discoverv Falls Dri�•e from Hunte Par6-�vac to Village 9/ Street "B".
71. Street "B" from Hunte Parkway (�'Iain Street) to Ota�� �'alle�• Road.
Ordinance I�ro. 3328
Page No. 8
72. Ota�� Valle�� Road from east of SR-125 R/W to easterlp subdi��ision
boundan�.
**Project lzus been compleled.
Current projects are listed in bold
, c
C That Section 3.54.060 of the Chula Vista Municipal Code shall be amended to read as
follows:
The "DIF program support" shall, ti�ith no exceptions, be paid in cash concurrently H�ith the
development impact fee at a rate equal to three percent (3%) of the DIF program's hard project
costs, as identified in the most recent financial and engineering stud}�, subject to the adjustment
authorized by CVMC 3.54.010(C).
D. That Code Section 3.54.090 of the Chula Vista Municipal shall be amended to read as
follows:
The City may receive economic incentive credit only for those eligible projects (i) identified in
CVMC 3.54.030 and (ii) for amounts of funding not identified in the most recent financial and
engineering stud}�.
SECTION 4: Expiration of this ordinance
This ordinance shall be of no further force when the City Council determines that the amount of
fees which have been collected reaches an amount equal to the cost of the transportation facilities
or reimbursements.
SECTION 5: Effective Date
This ordinance shall become effective 60 days after its adoption.
Presented by Approved as to form by
Richar . H y len R. ins
Director of Publi orks Atto
Ordinance No. 3328
Paee I�'o. 9
PASSED. APPROVED, and ADOPTED bv the Cin� Council of the Citv of Chula Vista.
Califomia. this 2nd dav of December 2014. b�� the follow�ina vote:
AYES: Councilmembers: Bensoussan. Ramirez. Salas and Co�
NAYS: Councilmembers: None
ABSENT: Councilmembers: Aguilaz
Patricia A¢uilar. utv Mavor
ATTEST:
�' �, �
Donna R. I�'orris. CMC. Citv Clerk
STATE OF CALIFORI�'IA )
COiJNTY OF SAI`' DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris. Cim Clerk of Chula Vista. California. do herebti� certifi� that the foreeoina
Ordinance No. 3328 had its first readin� at a re�ulaz meeting held on the 18th day of T�'ovember
2014 and its second reading and adoption at a regular meeting of said Ciri� Council held on the
2nd day of December 2014; and ���as dulv published in summarv form in accordance with the
requirements of state la�v and the City Charter.
/ 2. 1 � �'
Dat c� Donna R. I�'om . CMC. Cin� Clerk
V "