HomeMy WebLinkAboutOrd 2002-2866-A ORDINANCE NO. 2866-A
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTER 3.54, RELATING TO DEVELOPMENT IMPACT FEE TO
PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S
EASTERN TERRITORIES
WHEREAS, the City Council is placing an ordinance on its first reading which will
increase the development impact fee (per equivalent dwelling) unit to finance transportation
facilities within the City of Chula Vista; and
WHEREAS, the average daily trips for residential development shall be based on its
density; and
WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that
ordinance will not become effective until sixty (60) days after its second reading; and
WHEREAS, developments in the City which will impact various transportation 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
WI-IEREAS, said interim measure will be effective for thirty (30) days and may be
extended twice for additional thirty (30) day periods upon subsequent action by the City Council;
and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity
is not subject to CEQA; and
WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths
vote.
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 the Eastern Territory should be required to
mitigate the burden created by development through the construction of transportation facilities
within the boundaries of the development, the construction of those transportation facilities
outside the boundaries of the development which are needed to provide service to the
development in accordance with City standards and the payment of a development impact fee to
finance the development's portion of costs of the transportation network; and
Ordinance 2866-A
Page 2
The City Council finds that the legislative findings and determinations set forth in Ordinance No.
2802 and No. 2823 continue to be true and correct; and
The City Council finds, after consideration of the evidence presented to it including the "Eastern
Area Development Impact Fees for Streets" dated July 2002, that certain amendments to Chapter
3.54 of the Chula Vista Municipal Code are necessary in order to assure that there are sufficient
funds available to finance the transportation facilities necessary to serve the eastern territories by
the development impact fee; 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 traffic 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 transportation facilities; and
The City Council finds that it is appropriate to refine the fees for industrial and commercial land
uses, including commercial high-rise, to reflect the findings of the analyses of the industrial and
commercial trip origination and destination whereby only estimated trips generated from outside
the Transportation Development Impact Fee boundary shall be used in determining the fee for
industrial, commercial and commercial high-rise land uses; and
The City Council finds it is necessary to ensure the timely payment of the "Development Impact
Fee (DIF) program monitoring" cost item, included in Table H "Program Funding
Requirements" of the financial and engineering study, "Eastern Area Development Impact Fees
for Streets" dated July, 2002, to adequately fund ongoing and future administration activities and
studies.
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 transportation facilities go into effect immediately in order that all properties in
the eastern section of the City pay their fair share of the cost of public transportation
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 which will result
should there be a shortfall in the amount of money necessary to pay for the various transportation
facilities thereby resulting in severe congestion and failure of the public transportation network
necessary to serve the increased population. The City Council finds that the prospect of a
shortfall, failure of the street system 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 the Development Impact Fee Schedule set forth in Section 3.54.010(C) of the Municipal
Code, and as adjusted annually by the 20 City Construction Cost Index as published monthly in
the Engineering News Record, shall be amended to read as follows:
Ordinance 2866-A
Page 3
C. The amount of the fee for each development shall be calculated at the time of building
permit issuance based upon the following schedule:
Development Type Transportation Fee
Residential
(Low density) 0-8 alu/gross ac $8,180/dwelling unit
(Medium density)>8-20 du/gross ac $6,544/dwelling unit
(High density) >20 du/gross ac $4,908/dwelling unit
Senior housing $3,272/dwelling unit
Commercial $171,780/gross ac
High rise commercial $278,120/gross ac
Industrial $65,440/gross acre
Golf course $572,600/golf course
Medical center $531,700/gross acre
The density of the development type shall be based on the number of dwelling units per gross
acre for single-family or multi-family residential and shall be based upon the densities identified
on the approved tentative map or approved tentative parcel map entitling the development unless
otherwise approved in writing by the city manager's designee. The gross acreage of the
development type for commercial, high rise commercial, industrial and medical center shall
include the gross acreage of all parcels that the city manager's designee deems necessary for the
development project.
The amount of the fee shall be adjusted, starting on October 1, 2003, and on each October 1st
thereafter, based on the one-year change (from July to July) in the 20 City Construction Cost
Index as published monthly in the Engineering News Record. For reference purposes, the July
2002, 20 City Construction Cost Index is 6604.82. Adjustments to the above fees based upon the
Construction Cost Index shall be automatic and shall not require further action of the city
council. The city council shall at least annually review the amount of the fee.
The city council may adjust the amount of the fee as necessary to reflect changes in the type,
size, location or cost of the transportation facilities to be financed by the fee, changes in land use
designations in the city's general plan, and upon other sound engineering, financing and planning
information. Adjustments to the above fees resulting from the above reviews may be made by
resolution amending the master fee schedule.
SECTION 4:
That the del'tuitions as set forth in Section 3.54.020 of the Municipal Code, shall be amended to
read as follows:
3.54.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be construed as defined
herein, unless from the context it appears that a different meaning is intended.
A. "Building permit" means a permit required by and issued pursuant to the Uniform
Building Code.
B. "Director of Public Works" means the director of public works, the director of
public works' designee or the city manager's designee.
Ordinance 2866-A
Page 4
C. "Density" means dwelling units per gross acre identified for each planning area
shown on the approved tentative map or approved tentative parcel map or as determined
by the city manager's designee.
D. "Developer" means the owner or developer of a development.
E. "Development permit" means any discretionary permit, entitlement or approval
for a development project issued under any zoning or subdivision ordinance of the city.
F. "Development project" or "development" means any activity described in Section
66000 of the State Government Code.
G. "Eastern Territories" generally means that area of the city located between
Intemtate 805 on the west, the city sphere of influence boundary on the east and
northeast, the city boundary on the north and the city's southern boundary on the south,
excepting Villages 9 and 10 of the Otay Ranch (the University Site) as shown on the map
entitled "Figure I" of the update of the financial and engineering studies. The property
known as Bonita Gateway located at the northeast quadrant of Bonita Road and 1-805
intersection is also included.
H. "Financial and engineering studies" means the "Interim Eastern Area
Development Impact Fee for Streets" study prepared by George T. Simpson and Willdan
Associates dated November 1987; the "Eastern Area Development Fee for Streets" study
prepared by Willdan Associates dated November 19, 1990; the Eastern Development
Impact Fee for Streets - 1993 Revision" study prepared by city staff dated July 13, 1993;
the study prepared by Project Design Consultants ("Eastern Area Development Impact
Fees for Streets, 1999 Update") dated October 25 1999; and the study prepared by
Willdan/Munifinancial ("Eastern Area Development Impact Fees for Streets" dated July
2002), which are on file in the office of the City Clerk.
I. "High rise commercial" means commercial office usage five or mom stories in
height.
J. "Transportation facility project" means that project or portion of project which
involves the specified improvements authorized by Section 3.54.030.
SECTION 5:
That the transportation facilities to be financed by the fee as set forth in Section 3.54.030(A)
shall be amended as follows:
3.54.30 Transportation facilities to be financed by the fee.
A. The transportation facilities and programs to be financed by the fee established by
this chapter are:
1.* State Route 125 from San Miguel Road to Telegraph Canyon Road.
2.* State Route 125 from Telegraph Canyon Road to Olympic Parkway.
3.** Telegraph Canyon Road from Paseo Del Rey to east of Paseo Ladera/north side.
3a.** Telegraph Canyon Road at Interstate 805 Interchange/Phase IL
4.** Telegraph Canyon Road / Phase I Rutgers Avenue to Eastlake Boundary.
5.** Telegraph Canyon Road / Phase II Paseo Ladera to Apache Drive.
6.** Telegraph Canyon Road / Phase III Apache Drive to Rutgers Avenue.
7. East H Street / Interstate 805 Interchange modifications.
8.** East H Street from Eastlake Drive to State Route 125.
9.** Otay Lakes Road from Camino del Cerro Grande to Ridgeback Road.
10a. La Media Road from Telegraph Canyon Road to East Palomar Street.
10b. La Media Road from East Palomar Street to Olympic Parkway.
Ordinance 2866-A
Page 5
- 11. Bonita Road from Otay Lakes Road to Central Avenue.
12. Bonita Road from Central Avenue to San Miguel Road.
13.* San Miguel Road from Bonita Road to State Route 125.
14.** East H Street from State Route 125 to San Miguel Road.
15.** Proctor Valley Road (East H Street) from San Miguel Road to Hunte Parkway.
16.** Olympic Parkway from Brandywine Avenue to Pasco Ranchero.
17.** East Palomar Street from Oleander Avenue to Medical Center Drive.
17a.** East Palomar Street from Medical Center Drive to Pasco Ladera.
17b. East Palomar Street from Pasco Ladera to Sunbow eastern boundary.
18.** Telegraph Canyon Road from eastern boundary of Eastlake to Hunte Parkway.
19.** Eastlake Parkway from Otay Lakes Road to Eastlake High School southern
boundary.
20.** Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road.
21.** Hunte Parkway from Telegraph Canyon Road to Club House Drive.
2la.** Hunte Parkway from Club House Drive to Olympic Parkway.
22a. Olympic Parkway from San Diego Gas & Electric easement to Hunte Parkway.
22b. Olympic Parkway from State Route 125 to SDGE easement.
23a.** Paseo Ranchero from Telegraph Canyon Road to East Palomar Street.
23b. **Paseo Ranchero from East Palomar Street to Olympic Parkway.
24a. Olympic Parkway from Paseo Ranchero to La Media Road.
24b. Olympic Parkway from La Media Drive to East Palomar Street.
24c. Olympic Parkway from East Palomar Street to State Route 125.
24d. Olympic Parkway from State Route 125 to Eastiake Parkway.
25a. Olympic Parkway /Interstate 805 Interchange modifications to Brandywine
Avenue.
25b.** Olympic Parkway from Oleander to Brandywine.
26a.** East Palomar Street from Pasco Ranchero to Santa Maria.
26b.** East Palomar Street from Sunbow eastern boundary to Santa Maria.
27. Deleted project (East Palomar Street at Interstate 805 interchange).
28. Otay Lakes Road from Hunte Parkway to Wueste Road.
29.** Olympic Parkway from Hunte Parkway to Wueste Road.
30. Otay Lakes Road from State Route 125 to Eastlake Parkway.
31. Eastlake Parkway from Fenton Street to Otay Lakes Road.
32a. East "H" Street from Interstate 805 to HiddenVista Drive.
32b. East "H" Street eastbound to Terra Nova Shopping Center.
33.** Bonita Road at Otay Lakes Road intersection.
34.** Otay Lakes Road at Elmhurst Drive intersection.
35.** East "H" Street at Otay Lakes Road intersection.
36. Traffic Signal Interconnection / Eastern Territories.
37. EastLake Parkway from Eastlake High School southern boundary to Olympic
Parkway.
38.** East "H" Street from Paseo Del Rey to Tierra del Rey.
39.** Bonita Road from Interstate 805 to Plaza Bonita Road.
40. Alta Road from State Ronte 125 to Eastlake Parkway.
41.** Brandywine/Medical Center Drive from Medical Center Court to Olympic
Parkway.
42. Birch Road from La Media Road to State Route 125.
43. Birch Road from State Route 125 to Eastlake Parkway.
44. Deleted project (Birch Road from Eastlake Parkway to Hunte Parkway).
45. Easflake Parkway from Olympic Parkway to Birch Road.
46. Eastlake Parkway from Birch Road to Alta Road.
47a. Mt. Miguel Road from Proctor Valley Road North to SR 125.
Ordinance 2866-A
Page 6
4To. Mt. Miguel Road from State Route 125 to Proctor Valley Road (South),
previously named East "H" Street.
48. Hunte Parkway from Olympic Parkway to Eastlake Parkway.
50. Deleted project. [La Media Road bridge crossing the Otay River (one-half the
cost)].
51. La Media Road from Olympic Parkway to Birch Road.
52. La Media Road from Birch Road to Rock Mountain Road.
53. La Media Road from Rock Mountain Road to Main Street (previously named
Otay Valley Road).
54. La Media Road from Main Street to southern city boundary.
55. Otay Lakes Road from East H Street to Telegraph Canyon Road.
56a. Main Street from Nirvana to Rock Mountain Road.
56b. Main Street from Rock Mountain Road to La Media Road.
56c. Main Street from La Media Road to State Route 125.
56d. Main Street at Interstate 805 Underpass widening.
57. Paseo Ranchero from Olympic Parkway to Main Street.
58a. Paseo Ranchero from Main Street to southern City boundary (excludes bridge
crossing the Otay River).
58b. Paseo Ranchero bridge crossing the Otay River (0% of cost).
59a. Proctor Valley Road from Hunte Parkway to Rolling Hills Ranch Neighborhood 9
west entrance.
59b. Proctor Valley Road from Rolling Hills Ranch Neighborhood 9 west entrance to
easterly city boundary.
60. Rock Mountain Road from State Route 125 to Main Street.
61. Willow Street from Bonita Road to Sweetwater Road (including bridge over
Sweetwater River).
62. East H Street from Buena Vista Way to Otay Lakes Road.
63. Intersection signalization area wide within the Eastern Territories.
64. Development impact fee program support.
* Project is now included in the interim pre-State Route 125 transportation facility fee.
** Project has been completed.
SECTION 6:
That the developer authorization for construction of transportation facilities as set forth in
Section 3.54.040(B) shall be deleted:
SECTION 7:
That the developer construction of transportation facilities as set forth in Section 3.54.040(C)
shall be amended as follows:
B. Whenever a developer requests reimbursement, or a credit against fees, for work
to be done or paid for by the developer under subsections (A) of this section, the request shall be
submitted in writing to the city manager's designee.
1. The request shall contain a description of the project with a detailed cost
estimate which itemizes those costs of the construction attributable to the transportation
facility project and excludes any work attributable to a specific subdivision project. The
Ordinance 2866-A
Page 7
estimate is preliminary and the mount of reimbursement or credit against fees is subject
to final determination by the city manager's designee. Additional information shall be
provided to the city by the developer upon request of the city.
2. Such reimbursement or credit against fees shall be subject to the following
conditions:
a. Requirements of Developer.
i. Preparation of plans and specifications for approval by the city;
ii. Secure and dedicate any right-of-way required for the
transportationfacility project;
iii. Secure all required permits and environmental clearances necessary
for the transportation facility project;
iv. Provision of performance bonds (where the developer intends to
utilize provisions for immediate credit, the performance bond shall be 100
percent of the value of the transportation facility project);
v. Payment of all city fees and costs.
b. The city will not be responsible for any of the costs of constructing the
transportation facility project. The developer shall advance all necessary funds to construct
the transportation facility project.
c. The developer shall secure at least three qualified bids for work to be done
and shall award the construction contract to the lowest qualified bidder. The developer may
combine the construction of the transportation facility project with other development-related
work and award one construction contract for the combined work based on a dearly
identified process for determining the low bidder, all as approved by the city manager's
designee. Should the construction contract be awarded to a qualified bidder who did not
submit the lowest bid for the transportation facility project portion of the contract, the
developer will only receive transportation development impact fee credit based on the lowest
bid for the transportation facility portion of the contract. Any claims for additional payment
for extra work or charges shall be justified, shall be documented to the satisfaction of the city
manager's designee and shall only be reimbursed at the prices for similar work included in
the lowest bid for the transportation facility portion of the contract.
d. Upon complying with conditions set forth in Section 3.54.040(B)1. and 2.a.
above as determined by the city and upon approval of the estimated cost by the city
manager's designee, the developer shall be entitled to immediate credit for 50 percent of the
estimated cost of the construction attributable to the transportation facility project. Once the
developer has received valid bids for the project which comply with Section 3.54.040(B)2.c.,
entered into binding contracts for the construction of the project, and met the conditions set
forth in Section 3.54.040(B)1. and 2.a. above as determined by the city, all of which have
been approved by the city manager's designee, the amount of the immediate credit shall be
increased to 75 percent of the bid amount attributable to the transportation facility project.
The immediate credits shall be applied to the developer's obligation to pay transportation
development impact fees for building permits issued after the establishment of the credit. The
developer shall specify those building permits to which the credit is to be applied at the time
the developer submits the building permit applications.
e. If the developer uses all of the immediate credit before final completion of the
transportation facility project, then the developer may defer payment of development impact
fees for other building permits by providing to the city liquid security such as cash or an
irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the
remaining amount of the estimated cost of the transportation facility project.
f. When all work has been completed to the satisfaction of the city, the developer
shall submit verification of payments made for the construction of the transportation facility
Ordinance 2866-A
Page 8
project to the city. The city manager's designee shall make the final determination on
expenditures which are eligible for credit or cash reimbumement.
g. After final determination of eligible expenditures has been made by the city
manager's designee and the developer has complied with the conditions set forth in this
Section 3.54.040(B) as determined by the city, the final amount of transportation
development impact fee credits shall be determined by the city manager's designee. The
developer shall receive credit against the deferred fee obligation in an amount equal to the
difference between the final expenditure determination and the mount of the 75 percent
immediate credit used, if any. The city shall notify the developer of the final deferred fee
obligation, and of the amount of the applicable credit. If the amount of the applicable credit
is less than the deferred fee obligation, then the developer shall have 30 days to pay the
deferred fee. If the deferred fees are not paid within the 30-day period, the city may make a
demand against the liquid security and apply the proceeds to the fee obligation.
h. At the time building permits are issued for the developer's project, the city
will incrementally apply credit which the developer has accrued in lieu of collecting the
required transportation development impact fees. The amount of the credit to be applied to
each building permit shall be based upon the fee schedule in effect at the time of the building
permit issuance. The city manager's designee shall convert such credit to an EDU basis for
residential development and/or a gross acre basis for commercial or industrial development
for purposes of determining the amount of credit to be applied to each building permit.
If the total eligible construction cost for the transportation facility project is more than the
total transportation development impact fees which will be required for the developer's
project, then the amount in excess of development impact fees will be paid in cash when
funds are available as determined by the city manager; a reimbursement agreement will be
executed; or the developer may waive reimbursement and use the excess as credit against
future transportation development impact fee obligations. The city may, in its discretion,
enter into an agreement with the developer to convert excess credit into EDU and/or gross
acre credits for use against future development impact fee obligations at the fee rate in effect
on the date of the agreement.
i. The requirements of Section 3.54.040(B) may, in the city' s discretion, be
modified through an agreement between the developer and the city and approved by city
council.
SECTION 8:
That the developer construction of transportation facilities as set forth in Section 3.54.040(D)
shall be amended as follows:
C. Whenever a transportation development impact fee credit is generated by constructing
a transportation facility using assessment district or community facility district financing, the
credit shall only be applied to the transportation development impact fee obligations within that
district.
SECTION 9:
That Section 3.54.090 is added as follows:
3.54.090 Economic Incentive Credit
Ordinance 2866-A
Page 9
The city council may authorize the city to participate in the financing of transportation facility
projects or portions of transportation facility projects identified in Section 3.54.030. At the time
of the appropriation of fimds by city council for the construction of an eligible transportation
facility, the city shall be eligible to receive a credit known hereafter as an Economic Incentive
Credit. Such economic incentive credit may be applied to development impact fee obligations
for those projects which the city council determines, in its sole discretion, to be beneficial to the
city. The use of the economic incentive credit may be subject to conditions which shall be set
forth in a written agreement between the developer of the project and the city and approved by
city council. The amount of the credit shall be determined pursuant to Section 3.54.040(B).
The city may receive Economic Incentive Credit only for those eligible projects (i) identified in
Section 3.54.030 and (ii) for amounts of funding not identified in the financial and engineering
study, "Eastern Area Development Impact Fee for Streets" dated July 2002.
SECTION 10: Expiration of this ordinance
This ordinance shall be of no further force and effect 30 days afier its adoption.
SECTION 11: 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 12: Effective Date
This Ordinance shall become effective immediately upon four-fifths vote.
Presented by Approved as to form by
Ordinance 2866-A
Page 10
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of August, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, and S alas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Horton
ATTEST:
Susan Bigelow, City Clerk ~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2866-A was passed as an urgency measure on the 13th day of August, 2002.
Executed this 13th day of August, 2002.
Susan Bigelow, City Clerk