HomeMy WebLinkAboutReso 1991-16337 RESOLUTION NO. 16337
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, WAIVING, UNDER SPECIFIC
CIRCUMSTANCES, THE PUBLIC FACILITIES DEVELOPMENT IMPACT
FEES FOR THE SALVATION ARMY IN CONNECTION WITH THEIR
CONSTRUCTION OF THE SILVERCREST APARTMENTS PROJECT
WHEREAS, the Salvation Army Chula Vista Residences, Inc., Project No. 122-
EH122-WAH-LB, ("Proponent"} is the proponent of a very low income senior citizen
housing project ("Silvercrest Apartment Project") to be built at 636 Third
Avenue, Chula Vista ("Site"}; and,
WHEREAS, at the time Proponent commenced the planning for the construction
of the Project (in approximately 1988), the City had advised them that the fees
would be in the approximate amount of $88,000 ("Original Fees Estimate"}; and,
WHEREAS, Proponent has relied on said Original Fees Estimate in the
financial planning of the Project; and,
WHEREAS, since the Original Fees Estimate was given to Proponent, the City
has increased the amount and number of fees that are chargeable to a new project,
to be collected at the time building permits are received; and,
WHEREAS, Proponent does not have the means for redistributing the
escalating cost of the fees to the eventual users because the Project is a
federally subsidized, rent-regulated project designed to deliver critically-short
housing services to senior citizens on a very low income; and,
WHEREAS, the Housing Element of the General Plan, at Section 3.3,
Subsection 4, establishes as a principal policy of the City, the reduction or
waiver of municipal fees where necessary to advance the general goal of the city
to house low and moderate income residents; and,
WHEREAS, Ordinance No. 2320, enacted in approximately August 1989, was
designed to recover the cost of certain designated public facilities from new
development by the imposition of the Public Facilities Development Impact Fee
{"PFDIF"}; and,
WHEREAS, Section 5 of Ordinance No. 2320 permits the City Council, upon
application of a developer, to waive or reduce the fee upon a determination that,
as applied to a particular development, the PFDIF is "unconstitutional or
unrelated to mitigation of the burdens of the development"; and,
WHEREAS, the PFDIF was designed to help provide financing for the following
type of public facilities: Civic Center Expansion, Civic Center Parking, Police
Facility Remodeling, Corporation Yard Relocation, Libraries, Fire Suppression
System, Geographic Information System, Mainframe Computer, Telephone System
Upgrade, and Records Management System;
Resolution No. 16337
Page 2 '
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY
FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
SECTION I. The City Council hereby finds that waiver of the PFDIF is
appropriate in this case due to the existence of all of the
following combination of reasons, all of which are
specifically weighted by the Council based on the
circumstances applicable to this unique situation:
reliance by the Proponent on the Original Fee Estimate; the
inability of the Proponent to conveniently redistribute the
increase in fees from the Original Fee Estimate; the
purpose of the project as being one that meets the uniquely
important goals, as established by the Housing Element of
our General Plan, of providing critically-short housing for
very low income senior citizens; and the limited extent of
the specific impact that the proposed Project will have on
the public facilities sought to be financed by the PFDIF.
SECTION II. The City Council does hereby waive the entire Public
Facilities Development Impact Fee for the Proponent of the
Silvercrest Apartment Project.
SECTION III. This resolution shall take and be in full force and effect
immediately upon the passage and adoption hereof.
SECTION IV. The City Clerk shall certifyto the passage and adoption of
this Resolution; shall enter the same in the book of
original Resolutions of said City; and shall make a minute
of the passage and adoption hereof in the minutes of the
meeting at which the same is passed and adopted.
Presented by Approved as to form by
Chris Salomone Bruce M. Boog
Commun i ty Deve 1 opment Di rector C i ty Attorn~
Resolution No. 16337
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this gth day of September, lg91, by the following vote:
YES: Councilmembers: Grasser Hotton, Moore, Nader, Rindone
NOES: Councilmember: None
ABSENT: Councilmembers: Malcolm
ABSTAIN: Councilmembers: None
ATTEST:
B'ev~'ly ~'Auth~let, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16337 was duly passed, approved,
and adopted by the City Council at a joint City Council/Redevelopment Agency
meeting held on the gth day of September, 1991.
Executed this gth day of September, 1991.
Beverly~/. Authelet, City Clerk