HomeMy WebLinkAboutOrd 2002-2892-A ORDINANCE NO. 2892-A
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE OTAY RANCH
VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT
IMPACT FEE TO INCLUDE VILLAGE 6 TO PAY FOR
PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION
OF ISSUANCE OF BUILDING PERMITS
WHEREAS, the City Council is placing an ordinance on its first reading which will
amend the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee to include
financing of pedestrian bridge facilities within Otay Ranch Village 6; 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 are required to install pedestrian bridge
facilities will be applying for building permits during the interim period before the Pedestrian
Bridge Development Impact Fee increase becomes effective; and
WHEREAS, Govemment 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, 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; and
WHEREAS, the City Council has determined that new development within certain areas
within the City of Chula Vista as identified in this ordinance, will create adverse impacts on
certain existing public facilities which must be mitigated by the financing and construction of
those facilities identified in this ordinance; and
WHEREAS, developers of land within the City are required to mitigate the burden
created by their development by the construction or improvement of those facilities needed to
provide service to their respective developments or by the payment of a fee to finance their
portion of the total cost of such facilities; and
WHEREAS, development within the City contributes to the cumulative burden on
pedestrian 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; and
WHEREAS, the goal of the Otay Ranch General Development Plan is to organize land
uses based upon a village concept to produce a cohesive, pedestrian friendly community,
encourage non vehicular trips and foster interaction amongst residents; and
WHEREAS, a component of the Otay Ranch circulation system is a comprehensive trail
system to provide for non-vehicular alternative modes of transportation; and
Ordinance 2892-A
Page 2
WHEREAS, the Otay Ranch General Development Plan (GDP) requires a non-auto -
circulation system, such as pedestrian walkways and bike paths, shall be provided between
villages. And, where appropriate and feasible, a grade separated arterial crossing should be
provided to encourage pedestrian activity between villages; and
WHEREAS, the City Council adopted the Otay Ranch Village I and 5 Pedestrian Bridge
Development Impact Fee ("Impact Fee") by Ordinance 2767 in order to pay for pedestrian bridge
facilities that will serve Otay Ranch Villages 1, 5 and 6; and
WHEREAS, the Sectional Planning Area Plan for Otay Ranch Village 6 identifies two
potential pedestrian bridges on its Trails Plan; including one pedestrian bridge that is partially
funded by the original Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee;
and
WHEREAS, the Conditions of Approval for Otay Ranch Village 6 tentative maps require
that a funding mechanism be established to pay for one-half of each of the two Village 6 bridges;
and
WHEREAS, pedestrian facilities have been built, or are proposed to be built, that will
directly connect Villages 1, 5 and 6, including a continuous Village Pathway and cartpath
system. The pedestrian facilities cross major streets and their use would be encouraged and
facilitated by the provision of over-crossings of these major streets; and
WHEREAS, the completion of the pedestrian bridges in Village 6 that will complete the
linkage of the pedestrian facilities in Village l, 5 and 6, serving to enhance overall pedestrian
access in and among these Villages would be facilitated by including the funding for the
construction of the bridges required by the Village 6 tentative maps in the current Impact Fee
program by: l) amending the per unit fees payable at issuance of a building permit; 2) revising
the facilities to be financed by the Impact Fee; and 3) revising the territory to which the Impact
Fee is applicable to include Village 6; and
WHEREAS, the original Pedestrian Bridge Development Ordinance used the persons per
dwelling unit rates established in Section 17.10.040 of the Chula Vista Municipal Code for the
various residential land use categories in deriving the Equivalent Dwelling Unit ratio upon which
the Impact Fee is based; and
WHEREAS, the persons per dwelling unit rates for Parkland Dedication in Sec.
17.10.040 were modified by Ordinance No. 2886. The rates for single family went from 3.22
persons per unit to 3.52 persons per unit and the multiple-family rates went from 2.21 persons
per dwelling units to 2.61 persons per unit. The attached, cluster housing or planned unit
development and the duplex categories were deleted from Sec 17.10.040; and
WHEREAS, Otay Ranch, Villages l, 5 and 6 is that area of land within the City of Chula
Vista surrounded by Telegraph Canyon Road, Otay Lakes Road, Heritage Road, Olympic
Parkway, La Media Road Birch Road and State Route 125. This area is shown on the map
marked Exhibit "2," and included as an attachment to the City of Chula Vista Pedestrian Bridge
Development Impact Fee Report, dated November 6, 1998, and the updated Pedestrian Bridge
Development Impact Fee Report dated December 17, 2002 on file in the Office of the City
Engineer; and
Ordinance 2892-A
Page 3
WHEREAS, City Engineering Staff has approved the City of Chula Vista Pedestrian
Bridge Development Impact Fee Report dated November 6, 1998; and the updated Pedestrian
Bridge Development Impact Fee Report, dated December 17, 2002 ("Report"); and
WHEREAS, said Report, recommends pedestrian over-crossing facilities needed for
pedestrian access, and establishes a fee payable by persons obtaining building permits for
developments within Otay Ranch Villages 1, 5 and 6 benefiting from the construction of these
facilities; and
WHEREAS, a series of meetings have been held with the owners and developers of
properties located within Otay Ranch Villages 1, 5 and 6 to discuss the Report and City staff
recommendations establishing the Otay Ranch Village 1, 5 and 6 Pedestrian Bridge
Development Impact Fee; and
WHEREAS, the Environmental Impact Reports 95-01 and 98-01 adequately addressed
the issue of pedestrian safety and design features of the pedestrian bridges; and
WHEREAS, on, December 17, 2002 a Public Heating was held before the City Council
to provide an opportunity for interested persons to be heard on the approval of the Report and
establishment of the Impact Fee; and
WHEREAS, the City Council determined, based upon the evidence presented at the
Public Hearing, including, but not limited to, the Report and other information received by the
City Council in the course of its business, that imposition of the Impact Fee on all developments
within Otay Ranch Villages 1, 5 and 6 in the City of Chula Vista is necessary in order to protect
the public safety and welfare and to ensure effective implementation of the City's General Plan;
and
WHEREAS, the City Council has determined that the amount of the Impact Fee levied by
this ordinance does not exceed the estimated cost of providing the public facilities identified by
the Report.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: Finding of Urgency
That the City Council of the City of Chula Vista finds that it is necessary that its Otay
Ranch Pedestrian Bridge development impact fee for public facilities go into effect immediately
in order that all developers of properties in the Otay Ranch Villages 1, 5 and 6 pay their fair
share of the cost of pedestrian bridge facilities 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 pedestrian bridges facilities. The City Council finds that
the prospect of a shortfall 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 2. Environmental Review
The Environmental Impact Reports 95-01 and 98-01 adequately addressed environmental
concerns associated with the construction of pedestrian facilities.
Ordinance 2892-A
Page 4
SECTION 3. Approval of Report
The City Council has reviewed the proposed Pedestrian Bridge Development Impact Fee
Report dated December 17, 2002 and has adopted the same, by Resolution No. 2002-527, in the
form on file in the Office of the City Clerk.
SECTION 4. "Facilities"
The facilities to be financed by the Impact Fee are fully described in the Pedestrian
Bridge Development Impact Fee Report and incorporated herein by this reference, ("Facilities"),
all of which Facilities may be modified by the City Council from time to time by resolution. The
locations at which the Facilities will be constructed are shown on Exhibit "1," of the approved
City of Chula Vista Pedestrian Bridge Development Impact Fee Report, which is included in the
Report. The City Council may modify or amend the list of projects herein considered to be part
of the Facilities by written resolution in order to maintain compliance with the City's Capital
Improvement Program or to reflect changes in land development and estimated and actual
pedestrian generation.
SECTION 5. Territory to Which Fee Is Applicable
The area of the City of Chula Vista to which the Impact Fee herein established shall be
applicable is set forth on Exhibit "2" of the Report and is generally described herein as the
"Territory."
SECTION 6. Purpose
The purpose of this ordinance is to establish the Impact Fee in order to provide the
necessary financing to construct the Facilities within the areas shown in Exhibit "2" of the
Report, in accordance with the City's General Plan.
SECTION 7. Establishment of Fee
The Impact Fee, to be based on a per Equivalent Dwelling Unit ("EDU") basis, and
payable prior to the issuance of building permits for residential development projects within the
Territory, is hereby established to pay for the Facilities.
SECTION 8. Due on Issuance of Building Permit
The Impact Fee shall be paid in cash upon the issuance of a residential building permit.
Early payment is not permitted. No building permit shall be issued for residential development
projects subject to this ordinance unless the developer has paid the Impact Fee imposed by this
ordinance.
SECTION 9. Determination of Equivalent Dwelling Units
Residential land uses shall be converted to Equivalent Dwelling Units on the basis of
persons per dwelling unit for the purpose of this fee based on the following table:
Ordinance 2892-A
Page 5
EDU by Land Use
Land Use Persons per dwelling unit EDU's
Single Family ("SF") 3.52 1
Multi Family ("MF") 2.61 0.74
"Single Family" shall mean a residential unit within a subdivision, planning area or
neighborhood with a net density of 8 units per acre or less as shown on the approved tentative
map for said subdivision, planning area or neighborhood.
"Multi-Family" shall mean a residential unit within a subdivision, planning area or
neighborhood with a net density of greater than 8 units per acre as shown on the approved
tentative map for said subdivision, planning area or neighborhood.
SECTION 10. Time to Determine Amount Due; Advance Payment Prohibited.
The Impact 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 was granted or applied for, or when the building permit plan check was conducted, or when
application was made for the building permit.
SECTION 11. Purpose and Use of Fee
The purpose of the Impact Fee is to pay for the planning, design, construction and/or
financing (including the cost of interest and other financing costs as appropriate) of the Facilities,
or reimbursement to the City or, at the discretion of the City if approved in advance in writing, to
other third parties for advancing costs actually incurred for planning, designing, constructing, or
financing the Facilities. Any use of the Impact Fee shall receive the advance consent of the City
Council and be used in a manner consistent with the purpose of the Impact Fee.
SECTION 12. Amotmt of Fee; Amendment to the Master Fee Schedule
The initial Impact Fee shall be calculated at the rate of $783 per EDU. Chapter XVI,
Other Fees, of the Master Fee Schedule is hereby amended to add Section E, which shall read as
follows:
"E." Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee.
This section is intended to memorialize the key provisions of Ordinance No. 2892, but
said ordinance governs over the provisions of the Master Fee Schedule. For example, in the
event of a conflict in interpretation between the Master Fee Schedule and this ordinance, or in
the event that there are additional rules applicable to the imposition of the Impact Fee, the
language of this ordinance governs.
a. Territory to which Fee Applicable.
Ordinance 2892-A
Page 6
The area of the City of Chula Vista to which the Impact Fee herein established shall be -
applicable is set forth in Exhibit "2" of the City of Chula Vista Pedestrian Bridge Development
Impact Fee Report dated December 17, 2002, and is generally described as the area surrounded
by Telegraph Canyon Road, Otay Lakes Road, Heritage Road, Olympic Parkway, La Media
Road, Bimh Road and State Route 125;
b. Rate per Residential Land Use and Fee
The Impact Fee shall be calculated at the rate of $783 per EDU and translated into a fee
per land use based on the EDU factors given below, which rate shall be adjusted from time to
time by the City Council.
Residential Land use EDU's Fee
Single Family ("SF") 1 $783
I Multi Family("MF") 0.74 $580
c. When Payable.
The Impact Fee shall be paid in cash not later than immediately prior to the issuance of a
building permit.
The City Council shall review the amount of the Impact Fee annually or from time to
time. The City Council may, at such reviews, adjust the amount of this Impact Fee as necessary
to assure construction and operation of the Facilities. The reasons for which adjustments may be
made include, but are not limited to, the following: 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 Cost Index (ENR-CCI); changes in the type, size, location or cost of the
Facilities to be financed by the Impact Fee; changes in land use in the City's General Plan; other
sound engineering, financing and planning information. Adjustments to the above Impact Fee
may be made by resolution amending the Master Fee Schedule.
SECTION 13. Authority for Accounting and Expenditures.
The proceeds collected from the imposition of the Impact Fee shall be deposited into a
public facility financing fund ("Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development
Impact Fee Fund," or alternatively herein "Fund") which is hereby created and shall be expended
only for the purposes set forth in this ordinance, the Director of Finance is authorized to establish
various accounts within the Fund for the Facilities identified in this ordinance and to periodically
make expenditures from the Fund for the purposes set forth herein in accordance with the
facilities phasing plan or capital improvement plan adopted by the City Council.
SECTION 14. Findings.
The City Council hereby finds the following:
A. The establishment of the Impact Fee is necessary to protect the public safety and
welfare and to ensure the effective implementation of the City's General Plan.
B The Impact Fee is necessary to ensure that funds will be available for the
construction of the Facilities concurrent with the need for these Facilities and to ensure
certainty in the capital facilities budgeting for growth impacted public facilities.
Ordinance 2892-A
Page 7
C. The amount of the fee levied by this ordinance does not exceed the estimated cost
of providing the Facilities for which the fee is collected.
D. New development projects within the Territory will generate a significant amount
of pedestrian traffic that current pedestrian facilities cannot service, therefore
construction of the Facilities will be needed to service new development projects.
E. That the legislative finding and determination set forth in Ordinance 2767
continue to be true and correct.
SECTION 15. Impact Fee Additional to other Fees and Charges.
The Impact Fee established by this section is in addition to the requirements imposed by
other City laws, policies or regulations relating to the construction or the financing of the
construction of public improvements within subdivisions or developments.
SECTION 16. Mandatory Construction of a Portion of the Facilities; Duty to Tender
Reimbursement Offer.
Whenever a developer is required as a condition of approval of a development permit to
construct or cause the construction of the Facilities or a portion thereof, the City may require the
developer to install the Facilities according to design specifications approved by the City and in
the size or capacity necessary to accommodate estimated pedestrian traffic as indicated in the
Report and subsequent amendments. If such a requirement is imposed, the City shall offer, at the
City's option, to reimburse the developer from the Fund either in cash or over time as Fees are
collected, or give a credit against the Impact Fee levied by this ordinance or some combination
thereof, in the amount of the costs incurred by the developer that exceeds their contribution to
such Facilities as required by this ordinance, for the design and construction of the Facility not to
exceed the estimated cost of that particular Facility as included in the calculation and updating of
the Impact Fee. The City may update the Impact Fee calculation, as City deems appropriate
prior to making such offer. This duty to offer to give credit or reimbursement shall be
independent of the developer's obligation to pay the Impact Fee.
SECTION 17. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender
Reimbursement Offer.
If a developer is willing and agrees in writing to design and construct a portion of the
Facilities in conjunction with the prosecution of a development project within the Territory, the
City may, as part of a written agreement, reimburse the developer from the Fund either in cash or
over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance
or some combination thereof, in the amount of the costs incurred by the developer that exceeds
their contribution to such Facilities as required by this ordinance, for the design and construction
of the Facility not to exceed the estimated cost of that particular Facility as included in the
calculation and updating of the Impact Fee and in an amount agreed to in advance of their
expenditure in writing by the City. The City may update the Impact Fee calculation, as City
deems appropriate prior to making such offer. This duty to extend credits or offer
reimbursement shall be independent of the developer's obligation to pay the Impact Fee.
SECTION 18. Procedure for Entitlement to Reimbursement Offer.
Ordinance 2892-A
Page 8
The City's duty to extend a reimbursement offer to a developer pursuant to Section 15 or -
16 above 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 construction of the Facilities, excluding any work
attributable to a specific subdivision project.
b. The request for authorization shall contain the following information, and the City
may from time to time request such other information as:
(1) Detailed descriptions of the work to be conducted by the developer with
the preliminary cost estimate.
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 to
the City for approval;
(2) Developer shall secure and dedicate any right-of-way required for the
improvement work;
(3) Developer shall secure all required permits and environmental clearances
necessary for construction of the improvements;
(4) Developer shall provide performance bonds in a form and amount, and
with a surety satisfactory to the City;
(5) Developer shall pay all City fees and costs.
(6) The City shall be held harmless and indemnified, and upon demand by the
City, defended by the developer for any of the costs and liabilities associated with
the improvements.
(7) The developer shall advance all necessary fimds for the improvements,
including design and construction. The City will not be responsible for any of the
costs of constructing the facilities.
(8) The developer shall secure at least three (3) qualified bids for work to be
done. The construction contract shall be granted to the lowest qualified bidder.
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 improvements. Soils Engineering
shall be limited to 7.5 percent of the project cost, Civil Engineering shall be
limited to 7.5 percent of the hard cost and landscape architecture shall be limited
to 2 percent of the landscaping cost. The estimate is preliminary and subject to
Ordinance 2892-A
Page 9
final determination by the Director of Public Works upon completion of the
Public Facility Project.
(10) The agreement may provide that upon determination of satisfactory
incremental completion of the public facility project, as approved and certified by
the Director of Public Works, the City may pay the developer progress payments
in an amount not to exceed 75 percent of the estimated cost of the construction
completed to the time of the progress payment but shall provide in such case for
the retention of 25 percent of such costs until issuance by the City of a Notice of
Completion.
(11) The agreement may provide that any funds owed to the developer as
reimbursements may be applied to the developer's obligations to pay the impact
Fee for building permits to be applied for in the future.
(12) 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
project to the City. The Director of Public Works shall make the final
determination on expenditures, which are eligible for reimbursement.
(13) After final determination of expenditures eligible for reimbursement has
been made by the Public Works Director, the parties may agree to offset the
developer's duty to pay Impact Fees required by this ordinance against the City's
duty to reimburse the developer.
(14) After offset, if any funds are due the developer under this section, the City
may at its option, reimburse the developer fi.om the Fund either in cash or over
time as Fees are collected, or give a credit against the Impact Fee levied by this
ordinance or some combination thereof, in the amount of the costs incurred by the
developer that exceeds their required contribution to such Facilities as required by
this ordinance, for the design and construction of the Facility not to exceed the
estimated cost of that particular Facility as included in the calculation and
updating of the Impact Fee and in an amount agreed to in advance of their
expenditure in writing by the City.
(15) A developer may transfer a credit against the Impact Fee to another
developer with the written approval of the Director of Public Works in the
director's sole discretion.
SECTION 19. Procedure for Fee Modification.
Any developer who, because of the nature or type of uses proposed for a development
project, contends that application of the Impact Fee imposed by this ordinance is unconstitutional
or unrelated to mitigation of the burdens of the development, may apply to the City Council for a
waiver or modification of the Impact Fee or the manner in which it is calculated. The application
shall be made in writing and filed with the City Clerk not later than ten days after notice is given
of the public heating on the development permit application for the project, 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 waiver or modification, and shall provide an
engineering and accounting report showing the overall impact on the DIF and the ability of the
City to complete construction of the Facilities by making the modification requested by the
applicant. The City Council shall make reasonable efforts to consider the application within
Ordinance 2892-A
Page 10
sixty days after its filing. The decision of the City Council shall be final. The procedure
provided by this section is additional to any other procedure authorized by law for protection or
challenging the Impact Fee imposed by this ordinance.
SECTION 20. Fee Applicable to Public Agencies.
Development projects by public agencies, including schools, shall not be exempt from the
provisions of the Impact Fee.
SECTION 21. Assessment District.
If any assessment, conununity facilities district or special taxing district is established to
design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the
owner or developer of a project may apply to the City Council for reimbursement from the Fund
or a credit in an amount equal to that portion of the cost included in the calculation of the Impact
Fee attributable to the Work Alternatively Financed. In this regard, the amount of the
reimbursement shall be based on the costs included in the Report, as amended from time to time,
and therefore, will not include any portion of the financing costs associated with the formation of
the assessment or other special taxing district.
SECTION 22. Time Limit for 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 23. Other Not Previously Defined Terms.
For the purposes of this ordinance, 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 in Section
66000 of the State Government Code.
SECTION 24: Expiration of this ordinance
This ordinance shall be of no further force and effect 30 days after its adoption.
SECTION 25: Effective Date
This ordinance shall become effective immediately upon four-fifths vote.
Ordinance 2892-A
Page 11
Presented by Approved as to form by
7~pO~ Lip~iti Jglf~ M. Kaheny ~)
ubhc Works Director ~ity Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of December, 2002, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas, McCann, and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
/Stephen P~lla, Ma);or -
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. 2892-A was passed as an urgency measure on the 17th day of December, 2002.
Executed this 17th day of December, 2002.
Susan Bigelow, City Clerk