HomeMy WebLinkAboutOrd 2002-2855-A ORDINANCE NO. 2855-A
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING SECTIONS 3.50.020,
3.50.030, 3.50.050, 3.50.070, AND 3.50.090 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO A
DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS
PUBLIC FACILITIES WITHIN THE CITY OF CHULA
VISTA'S GENERAL PLAN AREA BOUNDARY
WHEREAS, the City Council is placing an ordinance on its first reading which will
increase the development impact fee to finance public facilities within the City of Chula Vista;
and
WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that
ordinance will not become effective until sixty days after its second reading; and
WHEREAS, developments in the City which will impact various public facilities will be
applying for building permits during the interim period before the development impact fee
increase becomes effective; and
WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim
fee as an urgency measure upon making a finding describing the current and immediate threat to
the public health, welfare, and safety; and
WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths
vote; and
WHEREAS, cost estimates for the current list of needed public facilities, have been
updated; and
WHEREAS, new master plans for the police facility and civic center expansion - the two
most costly Public Facilities Development Impact Fee (PFDIF) projects - were approved by
Council on July 17, 2001, containing updated costs that necessitate a fee increase; and
WHEREAS, current developers of low/moderate-income housing may need to defer or
prepay impact fees at the current rate for up to 500 EDUs, in order to financially protect the
public-purpose project; and
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: FINDINGS
The City Council finds that developers of land within Chula Vista's General Plan area
boundary should be required to mitigate the burden created by development through the payment
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of an impact fee for construction of public facilities within the boundaries of the development
and for public facilities outside the boundaries of the development which are needed to provide
service to the development in accordance with City standards; and
The City Council finds that the legislative findings and determinations set forth in
Ordinance No. 2810 continue to be tree and correct; and
The City Council finds, after consideration of the evidence presented to it including the
"Public Facilities DIF, 2002 Update", that certain amendments are necessary in order to assure
that there are sufficient funds available to finance police and fire facilities necessary to maintain
public safety service levels; and
The City Council finds, based on the evidence presented at the meeting, the City's
General Plan, and the various reports and information received by the City Council in the
ordinary course of its business, that the imposition of public facilities impact fees on all
development in the eastern territories for which building permits have not been issued is
necessary in order to protect the public health, safety and welfare and in order to assure effective
implementation of the City's General Plan; and
The City Council finds that the amount of the amended fees levied by this ordinance does
not exceed the estimated cost of providing the public facilities.
SECTION 2: Finding of Urgency
That the City Council of the City of Chula Vista finds that it is necessary that its
development impact fee for public facilities go into effect immediately in order that all
developers of properties in the eastern section of the City pay their fair share of the cost of public
facilities improvements relating to the impacts caused by their development. Immediate
implementation of this fee is necessary due to the current and immediate threat to public safety
that will result should there be a shortfall in the amount of money necessary to pay for the
various public facilities thereby resulting in a decline in police and fire service levels. The City
Council finds that the prospect of a shortfall, inadequacy of public safety facilities and concerns
about an increased charge to remaining property owners constitutes a current immediate threat to
the public health, welfare and safety justifying the immediate imposition of this fee.
SECTION 3: That Sections 3.50.020, 3.50.030, 3.50.050, 3.50.070 and 3.50.090 of the Chula
Vista Municipal Code shall be amended to read as follows:
3.50.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be construed as
defined in this section, unless from the context it appears that a different meaning is intended.
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A. "Building permit" means a permit required by and issued pursuant to the Uniform
Building Code as adopted by reference by this city.
B. "Developer" means the owner or developer of a development.
C. "Development permit" means any discretionary permit, entitlement or approval for a
development project issued under any zoning or subdivision ordinance of the city.
D. "Development project" or "development" means any activity described as the following:
1. Any new residential dwelling unit developed on vacant land.
2. Any new commercial/office or industrial development constructed on vacant land.
3. Any expansions to established developments or new developments on non-vacant
land in those land use categories listed in 1 and 2 above, if the result is a net
increase in EDUs. The fee shall be based solely on this net EDU increase.
4. Any new or expanding special land use project.
5. Any special purpose project developed on vacant land or non-vacant land, or
expanded within a pre-existing site, if the result is a net increase in EDUs. The
fee shall be based solely on this net EDU increase.
6. Any other development project not listed above but described in Section 65927
and 65928 of the State Government Code.
E. "Community purpose facility" means a facility, which serves one of the following
purposes:
1. Social service activities, including such services as Boy Scouts and Girl Scouts,
Boys and Girls Club, Alcoholic Anonymous and services for the homeless;
2. Public schools;
3. Private schools;
4. Daycare;
5. Senior care and recreation;
6. Worship, spiritual growth and development.
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F. "Special land use" means any non-residential, non-commemial/office or non-industrial
development project (e.g. Olympic Training Center, hospitals, utilities), or non-special purpose
project.
G. "Special purpose project" means any for-profit community purpose facility (e.g. daycare).
H. "Engineer report" refers to the April 20, 1993 "development impact fees for public
facilities" report.
I. "Extraordinary project cost increases" means increases resulting from costs that could not
have been reasonably foreseen at the time a project budget was established.
J. "Extraordinary EDU change" means an increase or decrease in the number of remaining
planned equivalent dwelling units (EDUs) for which building permits have not yet been pulled,
which changes the existing total by more than 2,000 EDUs.
3.50.030 Public Facilities to be financed by the Fee.
A. The public facilities ("facilities") which are the subject matter of the fee include
buildings, equipment, and related one-time start-up costs or portions thereof, as detailed in
Subsection C below and in the engineer report on file in the office of the city clerk.
B. The city council may modify or amend this list of facilities by written resolution in order
to maintain compliance with the city's general plan or the capital improvement program.
C. The facilities are as follows:
1. Civic Center Expansion
2. Police Department Facilities and Equipment
3. Corporation Yard Relocation/Expansion
4. Library System Expansion
5. Fire Suppression System Expansion
6. Geographic information system expansion;
7. Computer system expansion;
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8. Telecommunication system expansion;
9. Records management system expansion.
3.50.050 Establishment of Fee.
A development impact fee ("fee"), to be expressed on a per equivalent dwelling unit
("EDU") basis, is hereby established to pay for the facilities within the territory. The fee shall be
paid upon the issuance of building permits for each development project within the city of Chula
Vista, except that, at the discretion of the city manager, a developer may prepay all or part of
civic center expansion and/or police facilities fees that would be applicable to the developer's
furore development projects. Prepayment would occur at the then current rate; however, the
developer has sole responsibility for paying subsequent fee increases resulting from (1)
"extraordinary project cost increases", (2) normal annual adjustments in the Consumer Price
Index (CPI) or Building Construction Index (BCI), or (3) "extraordinary EDU changes".
3.50.070 Time to Determine Amount Due.
The fee for each development shall be calculated at the time of building permit issuance
and shall be the amount as indicated at that time, and not when the tentative map or final map
were granted or applied for, or when the building permit plan check was conducted, or when
application was made for the building permit, except that a developer of a development project
providing low and/or moderate-income housing in accordance with Section III, Objective 1 of
the 1991 housing element of the general plan may request authorization to prepay or defer the fee
for up to 500 EDUs and said request may be approved at the sole discretion of the city manager.
In order to facilitate those low and/or moderate-income projects which are planned for
construction through March 24, 2005, the fee for said projects shall be the fee existing as of
March 25, 2002.
3.50.090 Amount of Fee.
A. The fee shall be the amounts set forth in Section 3.50.090.B and C. The city council may
adjust the amount of this fee as necessary to reflect changes in the costs of the facilities as may
be reflected by such index as the council deems appropriate, such as the Engineering-News
Record Construction Index, or such other basis; changes in the type, size, location or cost of the
facilities to be financed by the fee, changes in land use designation in the city's general plan, and
upon other sound engineering, financing and planning information. Adjustments to the fee may
be made by resolution amending this section.
B. The fee shall have portions which are, according to the engineer report, allocated to a
specific facility ("fee components") which correspond to the costs of the various facilities, plus
the administration cost for the fee, which is a percentage of the fee components' total cost
divided by total EDUs, as indicated in Section 3.50.090.
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C. The fee shall be the following, depending on land use:
Land Use Fee
Residential $ 4,888/dwelling unit
Commercial/Office $20,860/acre
Industrial $20,860/acre
Special land use $20,860/acre
Olympic Training Center $ 6,110/acre
Public purpose Exempt
Nonprofit community purpose facility Exempt
Special purpose project $14,664/acre
including for-profit day care
SECTION 5: Expiration of this ordinance
This ordinance shall be of no further force and effect 30 days after its adoption.
SECTION 6: Time limit for protest and judicial action
Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance -.
shall be brought within the time period as established by law.
In accordance with Government Code Section 66020(d)(1), the ninety-day approval
period in which parties may protest begins upon the effective date of this ordinance.
Section 7: Effective Date
This Ordinance shall become effective immediately upon four-fifths vote.
Presented by Approved as to form by
~ M. Kaheny ~
Budget and Analysis Director ~,~ity Attorney
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of March, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley-H°rto~ Mayor
ATTEST:
Donna Norris, Assistant City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna Norris, Assistant City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 2855-A was passed as an urgency measure on the 26th day of March,
2002.
Executed this 26th day of March, 2002.
Donna Norris, Assistant City Clerk