HomeMy WebLinkAboutOrd 2015-3350 ORDI?�'AIvCE IvO. 3350
ORDII�?AI�'CE OF THE CITY OF CHLJLA VISTA AMENDIi�'G
THE S.ALT CREEI: SER'ER BASIIv DEVELOP?�4E?�TT IMPACT
FEE
VdHEREAS. the Cite`s General Plan Land Use and Public Facilities Elements require
that adequate public facilities be a��ailable to accommodate increased population created b� ne�e
development: and
l�'HEREAS, ne��� development within the Cit�� of Chula Vista creates ad�=erse impacts
and places additional burdens on certain e�isting public facilities: and
V✓HEREAS, land developers within the Citv are required to mitieate the impacts created
b}� their de��elopment b�� the construction of neH� Facilities or improvement of existine facilities
needed to pro��ide sen�ice to their respecti��e de��elopments or by the payment of a fee to finance
their fair share ponion of the total cost of such ne�� facilities or impro��ements; and
V�'HEREAS. se�t�er facilities are one of the man�� t�-pes of facilities that are impacted b}�
ne�v de��elopment; and
WHEREAS. the impact on seti�er facilities has been determined to be in direct
relationship to the amount of population generated b�� the development or the gross acreage of
the commercial or industrial land in the de��elopment: and
R'HEREAS, the Salt Creek Sew�er Basin (Basin) is that azea of land through which
wastewater ��ill floti� bv gra��ity from just west of the Upper Otay Resen�oir into the Otay Ri��er
Valley (which also includes the portion land referred to as "\4'olf Canyon Basin"); and
WHEREAS, on December 6, 1994; Citv Council. by Ordinance I�'o. 2617, approved the
establishment of the De��elopment Impact Fee to pay For sewer impro��ements ���ithin the Basin as
a condition of issuance of buildine permits; and
WHEREAS. on Aueust 24. 2004. Cih� Council. bv Ordinance No. 2974, increased the
De��elopment Impact Fee to �1.330 to cover the costs associated with the financing and
construction of seH�er improvements identified in this ordinance; and
VdHEREAS. the modification of the Development Impact Fee, applicable to all ne��
seti�er connections, is proposed as a means of fundine the necessary se��=er impro��ements that
�aill benefit propenies ���ithin the Basin: and
ll'HEREAS. consistent ��ith California Go��ernment Code Sections 66000. et seq._ the
City Council recendv caused a studv to be conducted to reanal��ze and reevaluate the adequac}�
of the existine and future Salt Creek se���er facilities to sustain the lons-term ero«th of the Basin.
and further reevaluate and reanal��ze the fee necessan� to pay for the se�i�er facilities: �vhich stud�
was prepazed by Bartle Wells Associates; [nc. and is entitled "Salt Creek SeH�er Basin
De��elopment Impact Fee Studv' (the "Report") dated June 201�; and
Ordinance No.33�0
Page No. 2
WHEREAS, the Report has determined that new development within the Basin will
create adverse impacts on the City's existing sewer facilities, to wit there are no existing sewers
which can serve gra��ity sewage flows expected to be generated from new development within
the Basin. This impact must be mitigated by the financing and construction of certain sewer
facilities identified in this ordinance; and
WHEREAS, the Report includes an estimate of ultimate sewer flows anticipated from the
Basin: recommends se��er facilities needed to transport these flows, including additional
facilities known as Rock Mountain Road/Main Street Trunk Sewer, Heritage Road Trunk Sewer,
and Hunte Parkway Extension; and establishes a fee payable by persons obtaining building
permits for developments within the Basin benefiting from the construction of t6ese facilities;
and
WHEREAS, the Report supports, and staff recommends, the modification of the
Development Impact Fee to require new users wiYhin the Basin to fully fund the sewer facilities
required to mitigate their impacts without imposing a burden on existing customers; and
WHEREAS, City staff recommends and this ordinance establishes, in accordance with
the Report, annual adjustments to the fee occurring each October lst, based on the July to July
annual change in the Engineering News-Record Construction Cost Index, for the Los Angeles
area to ensure that the Development Impact Fee is adjusted as new facility construction costs
increase; and
WHEREAS, the Development Services Director has reviewed the proposed activity for
compliance with the Califomia Environmental Qualiry Act (CEQA) and has determined that the
proposed ordinance is not a "ProjecP' as defined under Section 15378(b)(4) of the CEQA
Guidelines because the activity consists of modifying a Development Impact Fee program in
accordance with the Report. Although no environmental review is necessary at this time, when
projects covered by the DIF are further defined, environmental review will be necessary prior to
the commencement of any of the improvements identified in the DIF Program.
NOW, THEREFORE, fhe Ciry Council of the City of Chula Vista does ordain as follow�s:
Section I.
The City Council finds after consideration of the evidence presented to it at the hearing,
including documents, testimony and reports, that:
1. The legislative findings and determinations set forth in the ordinances referred to in the
above recitals continue to be true and correct; and
2. Developers of land within the City should be required to mitigate the burden created by
development through the payment of a fee to finance a development's fair share of the
total cost of the sewer improvements; and
Ordinance ?vo. 33�0
Paee No. 3
3. The imposition of the Development Impact Fee on all future de��elopments ��ithin the
Basin for N�hich building pemuts ha��e not been issued is necessar} in order to protect the
public health. safet�� and welfaze: and
4. The amount of the fee le��ied bv this ordinance does not e�ceed the estimated reasonable
cost of pro��idine the se���er facilities and service for �tihich the fee is established (i.e.
facilities sen�ing de��elopments ���ithin the Basin) in accordance N•ith California
Govemment Code Section 6600�: and
�. Includine an annual. indexed adjustment to the impact fee is necessarv to ensure the chat
the costs of the impro��ements at the time of construction are more accuratel� represented
and calculated and that the E\TR Construction Cost Inde� for the Los Anaeles Area is an
appropriate index to use to estimate the increased costs of construction; and
6. The collection of the De�-elopment Impact Fee, established by Ordinance No. 2617, at the
time the building permit is issued is necessar}� and ��°ill ensure that funds «ill be a��ailable
to pa}� for the financino and construction costs of se�ver improvements required �rithin
the Basin: and
Section II. California En�•ironroental Qualih� Act (CEQA) Findings for Statuton
Exemption
The Cin- Council of the Cin� of Chula Vista does hereby find that the De��elopment
[mpact Fee herein imposed is for the purpose of mitigating the financing and construction costs
of those facilities necessary to maintain sen�ice N�ithin the Basin. The proposed activity does not
invoh�e am� commitment to anv specific project "�hich mav result in a potentiall}� significant
physical impact on the environment Therefore, the Cit�� finds tha[ the adoption of this ordinance
is stamtorily exempt under the pro��isions of CEQA Guidelines Section 1�060(c)(3).
Section lll. "Facilities"
The Citv Council of the Cit}� of Chula Vista does herebv find that the facilities ��hich aze subject
matter of the impact Fee are full�� described in Table 2 of the Report on pa�e 1 l. attached as
Exhibit 1, and incorporated herein b}' this reference, (Facilities). The locations at «�hich the
Facilities ��=ill be constructed are sho���n on Fieure 1. H�hich is included in the Report. The City
Council may modify or amend the list of projects herein considered to be part of the Facilities
from time to time b�� ��Titten resolution in order to maintain compliance with the Cit�'s Capital
Impro��ement Program or to reflect chanees in land de��elopment and estimated and acrual
wastewater flo���.
Section IV. Territon� to �i'hich Fee is Applicable
The Cit�� Council of the Citv of Chula Vista does hereb�� find that the area of the Cirv of Chula
\'ista to �ehich the Impact Fee herein established shall be applicable is set forth on Figure Z of
the Report.
Ordinance No. 33�0
Page No. 4
Section V. Adjusting the Development Impact Fee
The City Council of the City of Chula Vista does hereby find that the amount of the
Development Impact Fee shall be adjusted, starting on October 1, 2015 and on each October lst
thereafter, based on the one-vear change (from July to July) in the Los Angeles Construction
Cost Index as published monthly in the Engineering News Record. Adjustments to the above fee
based upon the Construction Cost Index shall be automatic and shall not require further action of
the Ciry Council.
Section VI. Time Limit for Protest and Judicial Action
Any judicial action or proceeding to attack, review, set aside, void or anuul this
Ordinance shall be brought within the period as established by law.
In accordance with Government Code Section 66022, the 120 period to attack, review, set
aside, void or annul this ordinance shall commence on the effective date of this Ordinance.
Section ViI. Severability
lf 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, irrespecrive of tbe fact that any one or more other sections, sentences, clauses
or pluases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Sectiou VIII. 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 IX. Effective Date
This Ordinance shall become effective sixty (60) days after its second reading and
adoption.
Section X. 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.
Ordinance No. 33�0
Page No. �
Presented b�� Approved as to form bv
� -. .
Richazd A. H kins en R. Goo ins
Director of Public orks C�uv A,�u�e<
PASSED. APPROVED. and ADOPTED bv the Cit�� Council of the Cit� of Chula Vista.
Califomia_ this 21 st dav of Julv 201�. b�� the follo���ine vote:
AI'ES: Councilmembers: AQuilaz. Bensoussan. D4iesen and Salas
\'AYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAI?�': Councilmembers: n�cCann
I�4arv las. Ma��or
ATTEST:
� ��
Donna R. Noms. CA4C. Cih� Clerk
STATE OF CALIFOR\'IA )
COUI�TTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Noms. Cim Clerk of Chula Vista. Califomia. do hereb�� certifv that the foreeoina
Ordinance No. 33�0 had its first readin� at a reeular meetins held on the 14th da�� of Julv 201�
and its second reading and adoptio� at a reeular meetine of said Cin� Council held on the 21st
da�� of Jul�� 201�; and ���as dul<< published in summan� form in accordance �rith the requirements
of state law and the Cin� Charter.
�{ 2�/ °J ���� � '�
Dated Donna R. I�TOrris. CI�4C. Cih� Clerl:
Ordinance No. 33�0
Paae No. 6
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