HomeMy WebLinkAboutReso 1991-16431 RESOLUTION NO. 16431
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, WAIVING PAD FEE INCREASE FOR PROGRESS
CONSTRUCTION, INC., AND AUTHORIZING REIMBURSEMENT OF
SAME
WHEREAS, Progress Construction, Inc., ("Progress") a developer proposing
to develop a single lot condominium project consisting of 45 units in Chula Vista
at 1424 Third Avenue ("Project"), had a tentative/parcel map before the Planning
Commission on or about March 14, 1990; and,
WHEREAS, on April 23, 1991 ("Date of Increase"), the City Council approved
a substantial increase in Park Acquisition and Development Fees ("PAD Fees"),
fees which are imposed under the authority of Government Code Section 66477, et.
seq., to be imposed for the purpose of increasing Park Land in the City and which
fees are required to be paid at the time for final approval of subdivision maps;
and,
WHEREAS, prior the Date of Increase, the PAD Fees for Progress's proposed
Project would have been $73,125; and,
WHEREAS, after the Date of Increase, and as a result thereof, the PAD Fees
for Progress's Project were $134,550; and,
WHEREAS, although all notices of the PAD Fee Increase was given in the
manner required by law, the City gave special notice individually to all persons
with tentative map applications pending before the City Council that Council was
contemplating the PAD Fee Increase prior to the Date of Increase; and,
WHEREAS, City failed to give such special notice to Progress of the PAD Fee
Increase primarily because their map was pending, properly, before the City's
Planning Commission, and not the City Council; and,
WHEREAS, Progress has applied to the City Council, on August 22, 1991, for
a waiver ("Waiver Request") of the amount of the PAD Fee representing the
increase ("Progress's PAD Fee Increase") as a result of their Project, to wit:
$61,425; and,
WHEREAS, at the City Council meeting of November 5, 1991, Council
considered the Wavier Request, and, at said meeting, a motion was made that
Progress's PAD Fee Increase be waived; which motion failed on a two to two vote;
and,
WHEREAS, following said meeting, Progress paid the new PAD Fee of $134,550,
which included the amount of the increase; and,
Resolution No. 16431
Page 2
WHEREAS, at the City Council meeting of December 10, 1991, the Council
entertained a motion for reconsideration of the Waiver Request, and at said
meeting, said motion passed with a majority vote;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY
FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
SECTION 1: City Council does hereby find that Progress did not have notice of
the increase prior to the Date of Increase, and that if that had
been given notice, they could have, and would have paid the PAD Fee
then in effect prior to the increase.
SECTION 2: The City Council does hereby waive, under the authority of Section
3.45.010 of the Municipal Code, the amount of Progress's PAD Fee
Increase, to wit: $61,425.00 ("Waived Amount").
SECTION 3: The City Council does hereby direct the return of said Waived Amount to Progress.
SECTION 4: This resolution shall take and be in full force and effect
immediately upon the passage and adoption hereof.
SECTION 5: The City Clerk shall certify to 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 ~~o fo~
Jess Vale~nzu~lel~
Resolution No. 16431
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this lOth day of December, 1991, by the following vote:
YES: Councilmembers: Malcolm, Moore, Nader, Rindone
NOES: Councilmember: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Grasser Horton
Tim Nade~'
ATTEST:
/
B ~c Authelet, 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. 16431 was duly passed, approved,
and adopted by the City Council held on the lOth day of December, 1991.
Executed this lOth day of December, 1991.
Beverly ~Authelet, City ~le~k