HomeMy WebLinkAboutOrd 2015-3344 ORDINAI�'CE NO. 3344
ORDII�'ANCE OF THE CITY OF CHULA VISTA ADDR�'G
CI-IAPTER 3.�6 TO THE CHULA VISTA MUI�'ICIPAL CODE
RELATING TO DEVELOPMENT IMPACT FEES TI�'
WESTERN CHULA VISTA
V�'HEREAS, the Chula Vista Municipal Code establishes cenain de��elopment impact
fees that appl�� to development projects in the ���estem portion ofthe Cit�; and
V��HEREAS. pa}�nent of these de��elopment impact fees at the time of permit issuance or
occupanc�- has been found, in the absence of the redevelopment asenc}�, to create an impediment
to needed de��elopment in the western portion of the Cit}; and �
WI-IEREAS, in order to encouraee needed development in the westem portion of the Citv
w�hile also requirine pa�-ment of impact Fees, the City Council desires to allow for the deferral of
the pa}�ment of impact fees, subject to the terms and conditions of this ordinance.
NOV�'. THEREFORE. the Cit�� Council of the Ciri� of Chula Vista does ordain as follo«s:
Section L Chapter 3.�6 is hereb�� added to the Chula Vista Municipal Code to read as
follows:
Chapter 3.56
Development Impact Fees In
V1'estern Chula Vista
Sections:
3.�6.010 Generallntent
3.56.020 Definitions
3.56.030 Requirements for Fee Deferral
3.56.0�0 Contents of De��elopment Fee Deferral Agreement
356.050 �i'estern Chula Vista Development Impact Fee Financing
Communih� Facilities District
3.�6.010 Generallntent
The Ciri� Council has determined that neN� de��elopment and redevelopment in Western
Chula Vista. as defined herein. is an essential element to the overall Qro��nh and
prosperitv of the City, and is beneficial to the health. safety and ��-elfare of its residents.
In the absence of a state-authorized redevelopment proeram or a communiri� facilities
district, ���hich �vould assist in such de��elopment, certain projects that ma}� ha��e
othen;�ise been de��eloped and that �i�ould have provided significant benefit to the Cin�
may not currentiv be financiallv feasible, due to the upfront costs related to de��elopment
impact fees. To encourage such development, the City Council believes it is imperative
Ordinance No. 3344
Page No. 2
to allow� for the deferral of certain development impact fees for those projects that it
finds: (a) will provide a significant public benefit; and (b) would be infeasible absent
such a deferraL This chapter is intended to set forth the requirements under which such a
deferral may be granted. This chapter is also intended to provide a framework for the
possible creation, in the City Council's sole discretion and if deemed appropriate b}� the
City Council in the future, of a Western Chula Vista Development Impact Fee Financing
Communitv Facilities District.
3.56.020 Definitions
For the purposes of this chapter; the fo1loN�ing words or phrases shall be construed as
defined herein, unless from the contekt it appears that a different meaning is intended.
A. "Developer" means the person applying for the developmeut permit for the
development project.
B. `�Development fee deferral agreement" means an agreement between the City, the
developer, and the property owner, if different than the developer, which oblisates the
developer and property owner, if different than the developer, to pay the development
impact fees applicable to the development project.
C. "Development impact fee" means the Public Facilities Development Impact Fee,
the Westem Transportation Development Impact Fee or the Park Development Fee, as
established by chapters 3.50, 3.55 and 17.10 of tl�e Chula Vista Municipal Code.
D. "Development permiY' means any discretionary permit, entitlement, or approval
for a development project issued under any zoning or subdivision ordinance of the City.
E. "Development projecr' or "development" means any of the activities described
below that occur��ithin western Chula Vista:
I. Any new residential dwelling unit;
2. Any new commercial/office or industrial development;
3. Any expansions to established developments or new developments on
nom�acant land in those land use categories listed in subsections (E)(1) and (2) of
this section, if the result is a net increase in dwelling units;
4. Any new or expanding special land use project;
5. Any special purpose project developed on vacant land or nonvacant land.
or expanded within a pre-existing site, if the result is a net increase in dwellins
units: and
6. Any other development project not listed above but described in Section
65927 and 65928 of the State Government Code.
Ordinance I`'o. .i344
Paae No. 3
F. "Propem o��ner` means the oµmer of the fee title to the land on ��hich the
de��elopment project is developed.
G. "Special land use ' means am� nonresidential, noncommerciaUoffice on
nonindustrial development project (e.g.. Oipmpic Trainine Center, hospitals. utilities), or
non-special purpose project. �
H. "Special purpose project" means anv for-profit communin� purpose faciliri� (e.g..
day care).
I. "Vlestern Chula Vista means the azea of the Cin� of Chula Vista located betu-een
Interstate � on the ��est, Interstate 80� on the east. the Citv boundarv on the north and the
Ciri� boundarv on the south.
3.�6.030 Requirements for Fee Deferral
For development projects located in western Chula Vista that are required to pay a
development impact fee, the de��e]oper. and property owner, if different than the
developer, ma}� receive a deferral of the pa}ment of those fees if the follow�ing conditions
are satisfied:
A. The developer submits an applicatio❑ for a deferral of the de��elopment impact
fee(s) to the Development Services Director prior to issuance of an}� buildine permit for
the development project. �
B. The application for the fee deferral shall state in detail the factual basis for the
deferral sufficient to allow the Cit�� to evaluate the application to determine if the project
qualifies for deferral based on its location. public benefit and need.
C. Based on the evidence presented in the application for deferral and any additional
evidence pro��ided at the hearine on the deferral, the Citv Council makes the findinas
identified in Section 3.56.010 and, in its sole discretion. approves the deferral. �
D. Concurrentiv with the approval of the deferral. the Cit}� Council approves a
development fee deferral aereement consistent with the requirements of Section 3.�6.040
below.
E. The developer a�d propem� o�ner executes a development fee deferral
aereement, the form and content of�i�hich is appro��ed by the Cin- Attomev.
3.56.040 Contents of De��elopment Fee Deferral Agreement
The development fee deferral agreement shall, at a minimum: contain the following
pro��isions:
A. The developer or propem� owner, as applicable, shall not oppose the formation of
the Westem Chula Vista De��elopment Impact Fee Financing Community Facilities
District.
Ordinance No. 3�44
Page No. 4
B. Interest shall accrue on the outstanding balance of the fee(s) from the date the fees
would have otherN�ise been due and payable at a fair market rate as determined by the
City Council at the time of approval of the development fee deferral agreement.
C. The development fee deferral agreement shall be recorded against the proper[y to
be developed and shall be enforceable as a lien on the property.
D. The outstanding balance of the fee(s) shall be paid in full prior to any transfer,
including sale or devise, of the development and associated entitlements to another party
or entity.
E. Such other provisions as may be approved or required by the City Manager and
the City Attorney; as necessary to secure performance from the developer and property
owner.
3.56.050 Western Chula Vista Development Impact Fee Financing Community
Facilities District ("CFD")
If the City Council in the future establishes a CFD to help developers finance
development impact fees in western Chula Vista, a developer who has previously entered
into a development fee deferral agreement may annex into that CFD at its election and
subject to the terms and conditions of the CFD.
Section II. Severability
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 ar
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
ordinance, or its application to any other person or circumstance; provided, however, that if the
invalid, unenforceable or unconstitutional portion cannot be severed from the remaining portions
of the ordinance without defeating the general intent of the ordinance, the remaining portions
shall not apply.
Section IIL 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 take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adopYion of this ordinance and shall cause
the same to be published or posted according to law.
Ordinance No. 334�
Page I�o. �
Presented b�� Approved as to form b��
� /
Eric Crockett G1en R. Go eins
Interim Director of Economic Development C' �� Att e��
PASSED: APPROV"ED: and ADOPTED by the Cit}� Council of the City of Chula
Vista, Califomia, this 21 st day of April 201�, bv the folloN�ine vote:
AYES: Councilmembers: Aeuilar. Bensoussan. McCann and Miesen
NAYS: Councilmembers: None
ABSENT: Councilmembers: Salas
. �
A4ar}� as, Ma}�or
ATTEST:
� �� � ��
Donna R. Norris. CMC. Citv Clerk
STATE OF CALIFORI�'IA )
COiJNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Noms. Cit�� Clerk of Chula Vista. Califomia, do hereb�� certif�� that the foresoins
Ordinance No. 3344 had its first reading at a reeular meeting held on the 14th da�� of April 2015
and its second readins and adoption at a regular meeting of said Cit}� Council held on the 21st
dav of April 201�;�and w�as duh� published in summan� form in accordance N�ith the
requirements of state law� and the Citv Chaner.
s (� r� / �
Dated Donna R. Noms. CI�4C. Cit�� Clerk