HomeMy WebLinkAboutReso 1991-16395 RESOLUTION NO. 16395 NOT APPROVED
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING REQUEST TO WAIVE THE NEW PARK
ACQUISITION AND DEVELOPMENT (PAD) FEES FOR PROGRESS
CONSTRUCTION CO., INC. AT 1425 THIRD AVENUE
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, on April 23, 1991, Council approved an increase in Park
Acquisition and Development (PAD) fees, which fees increased substantially,
reflecting the actual current costs of acquiring land and installing park
improvements; and,
WHEREAS, the ordinance implementing the PAD fee schedule became effective
on June 22, 1991; and,
WHEREAS, PAD fees are paid by a developer before Final Map approval and the
ordinance does not have a provision for waiver of fees, except as a reason to
stimulate low and moderate income housing; and,
WHEREAS, on August 22, 1991, Progress Construction Co., Inc., developer of
a 45-unit condominium complex at 1425 Third Avenue, delivered a written request
to the office of the City Manger, requesting a waiver of the PAD fee increase for
their development; and,
WHEREAS, Progress Construction believes they were not properly notified of
an impending fee increase, and had they been so notified, wold have paid the
required PAD fees in advance of the increase date in June; and,
WHEREAS, the waiver policy under Chula Vista Municipal Code Master Fee
Schedule Section 3.45.010 permits the waiver of fees on finding of:
1. Peculiar economic hardship or other injustice.
2. Need for revenue
3. Need for a uniform system of collecting revenue
WHEREAS, it is staff's belief that Progress Construction Co., Inc. has
suffered an injustice by not receivin9 the full notification provided to other
developers/contractors in the pipeline at the time of the PAD fee increase and
recommends approving Progress Construction's request for a waiver.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the request to waive the new Park Acquisition and
Development fees for Progress Construction Co., Inc. at 1425 Third Avenue.
Presented by Approved as to form by
Jess Valenzuela Bruce M. Boogaard
Director of Parks and Recreation City Attorney
Resolution No. 16395
Page 2
NOT PASSED, APPROVED, or ADOPTED by the City Council of the City of Chula
Vista, California, this 5th day of November, 1991:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk