HomeMy WebLinkAboutOrd 2002-2887-AORDINANCE NO. 2887-A
URGENCY ORDiNANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDiNG CHAPTER 3.50 OF THE
CHULA VISTA MUNICIPAL CODE RELAT1NG TO UPDATES
IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES
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 (60) 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, a new recreation component of the Public Facilities Development Impact
(PFDIF) will include funding for major recreation facilities such as community centers,
gymnasiums, and swinuning pools; and
WHEREAS, separate PFDIF allocation factors have been derived for four land use
categories; and
WHEREAS, the City Council adopted the Parks and Recreation Master Plan by
Resolution 2002-450, on November 12, 2002; 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
of an impact fee for construction of public facilities within the boundaries of the development
and for public facilities outside the botmdaries of the development which are needed to provide
service to the development in accordance with City standards; and
Ordinance 2887-A
Page 2
The City Council finds that the legislative findings and determinations set forth in
Ordinance No. 2855 continue to be true and correct; and
The City Council finds, after consideration of the evidence presented to it including the
"Public Facilities DIF, November 2002 Amendment", that certain amendments are necessary in
order to assure that there are sufficient funds available to ftnance the facilities necessary to
maintain public service levels; and
The City Council finds, based on the evidence presented at the meeting, the City's
General Plan, the City's Parks & Recreation Master 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 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 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 3.50.010, 3.50.020, 3.50.030,3.50.050, 3.50.060, 3.50.090, 3.50.140
and 3.50.150 of the Chula Vista Municipal Code shall be amended to read as follows:
3.50.010 General Intent.
The City's general plan land use and public facilities elements require that adequate
public facilities be available to accommodate increased population created by new development
within the City of Chula Vista.
The City Council has determined that new development will create adverse impacts on
the City's existing public facilities which must be mitigated by the financing and construction of
certain public facilities which are the subject of this chapter. New development contributes to
the cumulative burden on these public facilities in direct relationship to the amount of population
generated by the development or the gross acreage of the commercial or industrial land in the
development.
The City Council has determined that a reasonable means of financing the public
facilities is to charge a fee on all developments in the City of Chula Vista. Imposition of the
Public Facilities Development Impact Fee on all new development for which building permits
have not yet been issued is necessary in order to protect the public safety and welfare thereby
ensuring effective implementation of the City's general plan.
Ordinance 2887-A
Page 3
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.
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:
o Any new residential dwelling unit developed on vacant land;
O
Any new commercial/office or industrial development constructed on
vacant land;
O
Any expansions to established developments or new developments on
non-vacant land in those land use categories listed above, if the result is a
net increase in dwelling units. The fee shall be based solely on this net
dwelling unit increase.
o Any new or expanding special land use project;
O
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
dwelling units. The fee shall be based solely on this net dwelling unit
increase.
O
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;
Ordinance 2887-A
Page 4
F. "Special land use" means any non-residential, non-commercial/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 dwelling unit change" means an increase or decrease in the
number of remaining planned residential dwelling units or commercial/industrial acres
for which building permits have not yet been pulled, which changes the existing total by
more than 2,000 dwelling units or 200 commemial/industrial acres. (Ord 2855'1, 2002).
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.
8. Telecommunication system expansion.
9. Records management system expansion.
10. Major recreation facilities (community centers, gymnasiums, swimaning
pools). (Ord 2855'1, 2002).
3.50.050 Establishment of Fee.
A development impact fee ("fee"), 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 fees that would be applicable to the
developer's future 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
Ordinance 2887-A
Page 5
Index (CPI) or Building Construction Index (BCI), or (3) "extraordinary dwelling unit changes".
(Ord 2855'1,2002).
3.50.060 Determination of Fees by Land Use Category.
Development Impact Fees for single family, multi-family, commercial and industrial land
uses shall be based on the demand for service generated by that land use, for each public facility
set forth in CVMC 3.50.030:
SERVICE DEMAND GENERATED BY LAND USE
Single Multi-
family family
dwelling dwelling Commercial Industrial
PUBLIC FACILITY unit unit Acre Acre
Police Department Facilities and
· 1725 .4125 .3825 .0325
Equipment
Corporation Yard Relocation/Expansion .395 .288 .225 .092
Library System Expansion (residential .524 .476 .000 .000
only)
Fire Suppression System Expansion .380 .370 .200 .050
Major Recreation Facilities (residential .524 .476 .000 .000
only)
GENERAL GOVERNMENT
Civic Center Expansion .357 .408 .201 .034
Geographic Information System .357 .408 .201 .034
Expansion
Computer System Expansion .357 .408 .201 .034
Telecommunication System Expansion .357 .408 .201 .034
Records Management System Expansion .357 .408 .201 .034
Administration .357 .408 .201 .034
The rate for each special land use development project, as defined in Section 3.50.020,
shall be equivalent to the commercial/office rate per gross acre of land. The Olympic Training
Center shall be equivalent to the industrial rate per gross acre of land. The rate for each special
purpose project, as defined in Section 3.50.020, shall be equivalent to one-half the
commercial/office rate per gross acre of land. The charges shall be those outlined in Section
3.50.090.C. The fee multiplied by the total number of dwelling units or acres within a given
development project represents a developer's fair share ("fair share") for that development
project.
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
Ordinance 2887-A
Page 6
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 Equivalent Dwelling Units (EDU's) 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. (Ord 2855'1, 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.
C. The fee shall be the following, depending on land use:
Land Use
Residential Single family dwellings
Residential Multi-family dwellings
Commercial/Office
Industrial
Special Land Use
Olympic Training Center
Public Purpose
Nonprofit community purpose facility
Special purpose project
Fee
$5,048/DU
$4,726/DU
$20,764/acre
$3,848/acre
$20,764/acre
$3,848/acre
Exempt
Exempt
$10,382/acre
3.50.100 Development Projects Exempt from the Fee.
A. Development projects by public agencies shall be exempt from the provisions of
the fee if those projects are designed to provide the public service for which the agency is
charged ("public purpose").
B. Community purpose facilities which are not operated for profit ("non-profit
community purpose facilities") are also exempt inasmuch as these institutions provide benefit to
the community as a whole including all land use categories which are the subject matter of the
fee. The City Council hereby determines that it is appropriate to spread any impact such non-
profit community purpose facilities might have to the other land use categories subject to the fee.
In the event that a court determines that the exemption herein extended to community purpose
facilities shall for any reason be invalid, the City Council hereby allocates the non-profit
community purpose facilities' fair share to the City of Chula Vista and not to any of the land use
categories which are the subject matter of the development impact land use categories.
Ordinance 2887-A
Page 7
C. Development projects which are additions or expansions to existing dwelling
units or businesses, except special land use projects, shall be exempt if the addition or expansion
does not result in a net increase in dwelling units or commercial/industrial acreage.
3.50.140 Developer Construction of Facilities.
A. Whenever a developer of a development project would be required by application
of City law or policy as a condition of approval of a development permit to construct or finance a
facility, or if a developer proposes to design and construct a portion of a facility in conjunction
with the prosecution of a development project within the territory, and follows the procedure for
doing same hereinbelow set forth, the City Council shall, in the following applicable
circumstances, tender only the credit or reimbursement hereinbelow identified for that
circumstance.
1. If the cost of the facility, incurred by the developer and acceptable to the
City, is less than or equal to that portion of the developer's fair share related to the
fee component for that facility, the City may only give a credit ("developer
credit") against that portion of the developer's fair share related to the fee
component for that facility ("fair share of the fee component"); or
2. If the cost of the facility, incurred by the developer and acceptable to the
City, is greater than that portion of the developer's fair share related to the fee
component for that facility, but less than or equal to the developer's total fair
share, the City may give a credit which credit shall first be applied against that
portion of the fair share related to the fee component for that facility, and the
excess costs for the facility shall then be applied as credits against such other fee
components of the developer's total fair share as the city manager, in his sole and
tmfettered discretion, shall determine; or
3. If the cost of the facility, incurred by the developer and acceptable to the
City, is greater than the developer's total fair share, the City may give a credit
against the developer's total fair share as the City Manager, in his sole and
unfettered discretion, shall determine; and/or, the City may tender to the
developer a reimbursement agreement to reimburse said developer only from the
fund as monies are available, over time, with interest at the fair market value of
money, at the option of the City.
B. Unless otherwise stated herein, all Developer Credits shall be calculated on a
dollar basis and converted into dwelling units or commercial/industrial acreage equivalents at the
time building permits are pulled, based on the then current fee.
3.50.150 Procedure for Issuance of Credits or Tender of Reimbursement Offer.
The City's extension of credits or tender of a reimbursement offer to a developer pursuant
to Section 3.50.140 shall be conditioned on the developer complying with the terms and
conditions of this section:
A. Written authorization shall be requested by the developer from the City and issued
by the City Council by written resolution before developer may incur any costs eligible for
reimbursement relating to the facility.
Ordinance 2887-A
Page 8
B. The request for authorization shall contain the information listed in this section
and such other information as may from time to time be requested by the City.
C. If the Council grants authorization, it shall be by written agreement with the
developer, and on the following conditions among such other conditions as the council may from
time to time impose:
1. Developer shall prepare all plans and specifications and submit same for
approval by the City.
2. Developer shall secure and dedicate any right-of-way required for the
facilities.
3. Developer shall secure all required permits and environmental clearances
necessary for construction of the facilities.
4. Developer shall provide performance bonds in a form and amount, and
with a surety satisfactory to the City (where the developer intends to utilize
provisions for immediate credit, the performance bond shall be for 100 percent of
the value of the project).
5. Developer shall pay all City fees and costs.
6. The City shall be held harmless and indemnified, and upon tender by the
City, defended by the developer for any of the costs and liabilities associated with
the construction of the facilities.
7. The City will not be responsible for any of the costs of constructing the
facilities. The developer shall advance all necessary funds to construct the
facilities.
8. The developer shall secure at least three qualified bids for work to be
done. The construction contract shall be granted to the lowest qualified bidder. If
qualified, the developer may agree to perform the work at a price equal to or less
than the low bid. Any claims for additional payment for extra work or charges
during construction shall be justified and shall be documented to the satisfaction
of the Director of Public Works.
9. The developer shall provide a detailed cost estimate which itemizes those
costs of the construction attributable to the facilities and excludes any work
attributable to a specific subdivision project. The estimate is preliminary and
subject to final determination by the Director of Public Works upon completion of
the facilities.
10. The City may grant partial credit for costs incurred by the developer on
the facility upon determination of satisfactory incremental completion of a
facility, as approved and certified by the director of public works, in an amount
not to exceed 75 percent of the cost of the construction completed to the time the
partial credit is granted, thereby retaining 25 percent of such credits until issuance
by the City of a notice of completion.
Ordinance 2887-A
Page 9
11. 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
facility to the City. The Director of Public Works shall make the final
determination on expenditures which are eligible for credit or reimbursement.
3.50.155 Developer Transfer of Credits
A developer who, in accordance with the provisions of Sections 3.50.140 and 3.50.150,
receives credits against future payments of the fee for one or more fee components may transfer
those credits as provided herein to another developer.
(a) The developer shall provide the City with written notice of such transfer within
thirty (30) days. The notice shall provide the following information:
The name of the developer to whom the credits were transferred;
The dollar value of transferred credits;
The fee component(s) against which the credits will be applied; and
The projected rate, by fiscal year, that the credits will be applied, until said
credits have been fully redeemed.
(b) Credits received by a developer of a low-and/or moderate-income project, in
accordance with Section 3.50.070, can only be transferred to another low-and/or
moderate-income development project.
3.50.160 Procedure for Fee Modification or Reduction.
Any developer who, because of the nature or type of uses proposed for a development
project, contends that application of this fee is unconstitutional or unrelated to mitigation of the
burdens of the development, may apply to the City Council for a modification or reduction of the
fee. The application shall be made in writing and filed with the City Clerk not later than ten days
after notice of the public heating on the development permit application for the project is given,
or if no development permit is required, at the time of the filing of the building permit
application. The application shall state in detail the factual basis for the claim of modification or
reduction. The City Council shall make reasonable efforts to consider the application within
sixty days after its filing. The decision of the City Council shall be final. If a reduction or
modification is granted, any change in use within the project shall subject the development to
payment of the fee. The procedure provided by this section is additional to any other procedure
authorized by law for protection or challenging this fee.
3.50.170 Fund Loans.
A. Loans by the city.
The City may loan funds to the fund to pay for facilities should the fund have insufficient
funds to cover the cost of said facility. Said loans, if granted, shall be approved upon the
adoption of the annual city budget and shall carry interest rates as set by the city council for each
fiscal year. A schedule for repayment of said loans shall be established at the time they are made
and approved by the Council, with a maximum term not to exceed the life of the fund.
B. Developer loans.
Ordinance 2887-A
Page 10
A developer may loan funds to the City as outlined in Sections 3.50.140 and
3.50.150(c)(14). The City may repay said developer loans with interest, under the terms listed in
A. above.
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.
SECTION 8. Exempt Projects.
Development projects of a total of 12 units or less, who have received first plan check
approvals for such units as of this date, and who will receive second plan check approvals within
14 days of this date, shall be exempt from provisions of this urgency ordinance.
Presented by
Approved as to form by
Cherkff~ ~Fruchter
Budget and Analysis Director
C~ity M. Kaheny
Attomey
Ordinance 2887-A
Page 11
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of November, 2002, by the following vote:
ATTEST:
Councilmembers:
Councilmembers:
Councilmembers:
AYE S:
NAYS:
ABSENT:
Davis, Padilla, Rindone, Salas, and Horton
None
None
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Ordinance No. 2887-A was passed as an urgency measure on the 12th day of November, 2002.
Executed this 12th day of November, 2002.
Susan Bigelow, City Clerk