HomeMy WebLinkAbout2018/10/2 Item 2 � CITY COUNCIL
AGENDA STATEMENT
i
v
CITY OF
CHULA VISTA
S4ptember-25, 20180ctober 2, 2018 File ID: .18-0376
18-0462
TITLE
ORDINANCE OF THE CITY OF CHULA VISTA CONSOLIDATING THE EASTERN TRANSPORTATION
DEVELOPMENT IMPACT FEE, WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE, AND
BAYFRONT DEVELOPMENT IMPACT FEE CHAPTERS OF THE CHULA VISTA MUNICIPAL CODE BY
REPEALING AND REPLACING CHAPTER 3.-54 (TRANSPORTATION DEVELOPMENT IMPACT FEE) AND
REPEALING CHAPTER 3.55 (WESTERN AND BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT
FEES) (FIRST READING)
RECOMMENDED ACTION
Council conduct the public hearing and place the ordinance on first reading.
SUMMARY
The City of Chula Vista assesses three geographically based transportation development impact fees
(TDIFs): an Eastern Transportation Development Impact Fee (ETDIF), a Western Transportation
Development Impact Fee (WTDIF) and a Bayfront Development Impact Fee (BFDIF) (see Attachment 1 for
the location-of the three TDIF areas). The ETDIF is codified in Chapter 3.54 of the Chula Vista Municipal
Code (CVMC), while the WTDIF and BFDIF are codified in Chapter 3.55. Consolidation of all three
transportation DIFs into a single chapter of the CVMC is recommended in order to ensure consistency
between programs and to simplify ordinance administration. The proposed consolidated ordinance also
reflects minor modifications to improve readability; clarify application and administration of the fee
programs; and updated fee waiver, reduction, and deferral provisions. No change to the ETDIF, WTDIF, or
BFDIF fee is recommended in conjunction with this action.
ENVIRONMENTAL REVIEW
The City's Development Services Director 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.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
Page 1
DISCUSSION
The ETDIF was originally adopted by the City Council in January of 1988, via Ordinance 2251. The ETDIF
was established as a mechanism for new development within the eastern area of the City(generally located
east of I-805) to mitigate project impacts on transportation facilities. Since its inception in 1988,the ETDIF
program has been updated several times to reflect new land use approvals, changes to the City's General
Plan,updated cost estimates,and updated administrative regulations. The ETDIF was last updated in 2014,
and the current version of the ordinance is codified in Chapter 3.54 of the CVMC (see Attachment 2).
In March of 2008, the City Council adopted Ordinance 3106, establishing a WTDIF and creating Chapter
3.55 of the CVMC. At that time,the WTDIF generally applied to all development occurring west of the 1-805.
The WTDIF was amended in 2014 via Ordinance 3327 to reduce the applicability of the WTDIF to only
those areas generally located between 1-5 and I-805 and to create a separate BFDIF applicable to the Chula
Vista Bayfront Master Plari Area (generally those areas west of I-5). Both the WTDIF and the BFDIF are
codified in Chapter 3.55 of the CVMC.(see Attachment 3).
Consolidation of the three existing transportation TDIFs into a single chapter of the CVMC is recommended
to ensure consistency between the three TDIF programs (when appropriate) and to simplify ordinance
administration. In order to consolidate the TDIFs into a single chapter of the CVMC, the repeal and
replacement of Chapter 3.54 is recommended, along with the repeal of Chapter 3.55. This action does not
increase the ETDIF, WTDIF, or BFDIF fee. The proposed replacement Chapter 3.54 is provided as
Attachment 4 to this report.
While the majority of the changes proposed to Chapter 3.54 result from the consolidation of the three
transportation TDIF programs, additional updates are also recommended to clarify applicability of the
ordinance, streamline administration, and improve readability. In preparing the proposed replacement
Chapter 3.54, staff reviewed all other City development impact fee (DIF) ordinances, as codified, as well as
published ordinances of other jurisdictions to determine DIF ordinance best practices. A number of
updates are recommended based upon this review. For example, Chapters 3.54 and 3.55 currently include
a list of all eligible transportation facilities for each program from inception. This information is not
.required in the ordinances and can instead be incorporated via reference to the applicable nexus studies or
other published documents. As a result,the elimination of the transportation facility list from Chapter 3.54
is recommended.
Similarly, both chapters currently list calculated fees for certain potential land uses. This is not a
comprehensive list, and the land uses assumed are not consistent between the two chapters. For all three
fee programs, fees per Equivalent Dwelling Unit (EDU) and average daily trip (ADT) drive the ultimate fee
calculation in each nexus study (1 EDU = 10 ADTs). In order to simplify and clarify applicability of the
ordinance, removal of the fees by land use from the CVMC is recommended. Instead, the new CVMC
Chapter 3.54 will list only the fee per ADT for each TDIF program and explicitly allow for the determination
of project fees using published traffic generation rates, traffic generation studies, traffic count data, traffic
impact studies, other relevant data and analysis, and/or engineering judgement (see Section 3.54.060).
This change will reduce confusion in administration of the TDIFs and ensure that the most appropriate fees
are charged for each project, supporting reasonable and proportionate project mitigation of transportation
.............................................__------------
impacts. This approach is consistent with the City's historic practice in assessing impact fees and also
streamlines the existing fee modification and reduction process (see discussion to follow). Schedules of
fees for various common land uses will be developed and published administratively for ease of reference.
Applicability of the ETDIF,WTDIF,and BFDIF to Accessory Dwelling Units,as defined in CVMC 19.58.022,is
also clarified in the new ordinance (see Section 3.54.020(G)).
Updates to the fee waiver, reduction, and deferral provisions are recommended in order to simplify the
subject process and to broaden the City Council's deferral authority. The existing TDIF ordinances provide
for fee waivers,reductions, or deferrals in the following circumstances:
ETDIF,WTDIF,&BFDIF Ordinances
• If a Developer contends that the fee assessed to their project is unconstitutional or unrelated to
mitigation of the impacts of their project, they may apply to the City Council for a modification or
reduction of the fee.
• Developments designated and intended as a temporary use (10 years or less) may apply to the City
Council for a waiver or reduction.
• Deferrals may be granted by the City Council based on economic hardship, if the use offers a
significant public benefit, market rate interest is charged, and the deferred amount is adequately
secured by agreement with the applicant.
• The above applications to the City Council for modification, reduction, or deferral of the fee must be
made in writing and filed with the City Clerk no later than ten (10) days after notice of the public
hearing on the development project, or, if no public hearing is required, no later than ten (10) days
from building permit application. The City Council must then hold a public hearing to consider the
application. If granted, an agreement must be entered into between the City and the applicant or
property owner.
ETDIF Ordinance Only
• Developers of golf courses that contend that the ETDIF is unrelated to mitigation of their project
may apply to the City Council for a reduction in fees based on the nature of the proposed golf
course. An interim reduction may be granted based upon a preliminary traffic study that supports
the developer's contention. The final fee determination is based on a traffic study to be conducted
within the fourth year of operation of the fully developed golf course, to be paid for by the
developer and submitted for approval by the City's Public Works Director. If the developer fails to
submit the traffic study and receive the City's approval, the entire fee imposed by Chapter 3.54
becomes immediately due and payable. If a reduction is permitted, the City Council may allow the
developer to pay the impact fee over a 10-year period.
Staff recommends the following provisions be included in the new consolidated TDIF chapter,to be applied
to the ETDIF,WTDIF,and BFDIF (see Section 3.54.160):
• If a Developer contends that the fee assessed to their project is unconstitutional or unrelated to
mitigation of the impacts of their project, they may apply to the City Manager for a modification or
reduction of the fee. The City Manager shall make a determination within ten (10) business days of
—..........
---— --- ------------- _ -- -- - ----
Page 13
the developer's application for modification or reduction. The developer may appeal the City
Manager's decision to the City Council.
• Developments designated and intended as a temporary use (10 years or less) may be granted a fee
waiver, as determined by the City Manager, or designee. The developer may appeal the City .
Manager's decision to the City Council.
• Appeals shall be filed with the City Clerk within ten (10) business days of the City Manager's
decision. The City Council should consider the appeal within 60 days after its filing and the decision
of the City Council will be final.
• Deferrals may be granted by the City Manager or designee based on economic hardship, if market
rate interest is charged, and the deferred amount is adequately secured by agreement with the
applicant.
• Deferrals may be granted by the City Manager or designee if a project provides a significant public
benefit, market rate interest is charged, and the deferred amount is adequately secured by
agreement with the applicant.
• Elimination of the special golf course reduction and deferral provision (ETDIF only).
• Creation of a new provision that would apply only to hotels/motels that do not receive any other
form of economic subsidy from the City. These projects would be allowed to apply for a deferral
and/or reduction in their TDIFs (ETDIF,WTDIF, or BFDIF). If approved, a deferral could be granted
for a period of up to four (4) years from the Certificate of Occupancy for the project._ The deferral
would require an agreement between the City and the developer, to include an acceptable security
instrument. The final determination of fees for the project would be based on a traffic study to be
paid for by the developer and submitted for approval by the Director.of Development Services. If
the developer fails to submit the traffic study and obtain City approval, the entire fee imposed
would be immediately due and payable. The outstanding balance would also become due and
payable if the-developer transfers the property to any other party without the reasonable advance
approval of the City and the acceptance of the other party of the obligation.
Additional recommended updates include inserting references to the City's newly adopted procurement
guidelines for developer constructed public works (CVMC 2.56.160(H)) and the City's Interfund Loan Policy
(City Council Policy 220-06). Updates to allow for interfund loans outside the annual budget adoption
process are also recommended (see CVMC 3.54.190(A)).
The previously authorized annual inflationary updates to the ETDIF, WTDIF, and BFDIF are preserved (see
CVMC 3.54.090). The next such increase will be effective October 1, 2018.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently,the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal.Gov't Code§87100,etseq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
_.................._.........._......_............._._..........._.._._..__._._.._................_-_.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. Consolidating the Eastern
Transportation Development Impact Fee, Western Transportation Development Impact Fee, and Bayfront
Development Impact Fee into a single Transportation Development Impact Fee chapter of the Chula Vista
Municipal Code supports the Operational Excellence goal by enhancing consistency between transportation
DIF programs and simplifying ordinance administration. Streamlining and simplifying the transportation
DIF reduction, waiver, and deferral processes supports the Economic Vitality goal as it seeks to lower
economic barriers to new growth, while ensuring projects continue to mitigate their transportation
impacts.
CURRENT-YEAR FISCAL IMPACT
All costs associated with the-preparation of this report are borne by the transportation development
impact fee programs, resulting in no net impact to the General Fund or the Development Services Fund.
ONGOING FISCAL IMPACT
The proposed ordinance consolidates the City's three transportation development impact fee programs
into a single chapter of the Chula Vista Municipal Code with no change to the rates. No impacts to fee
program revenues are anticipated as a result of this action.
Streamlining and simplifying the fee reduction,waiver, and deferral process and creating a new process for
deferral and reduction of fees for uses that generate a significant public benefit, including hotels/motels,
supports development of economically desirable uses while ensuring the City continues to collect
appropriate-fees to mitigate the impacts of these facilities. If adopted, these new provisions are anticipated
to incentivize the development of projects that generate positive fiscal impacts to the City's General Fund.
ATTACHMENTS
1. TDIF Boundaries
2. Existing CVMC Chapter 3.54 (Transportation Development Impact Fee)
3. Existing CVMC Chapter 3.55 (Western and Bayfront Transportation Development Impact Fees)
4. Proposed Replacement CVMC Chapter 3.54 (Transportation Development Impact Fees)
Staff.Contact: Tiffany Allen, Assistant Director of Development Services & Scott Barker, Transportation
Engineer
--- ------� �— Page 5
SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
CONSOLIDATING THE EASTERN TRANSPORTATION
DEVELOPMENT IMPACT FEE, WESTERN
TRANSPORTATION DEVELOPMENT IMPACT FEE, AND
BAYFRONT DEVELOPMENT IMPACT FEE CHAPTERS OF
THE CHULA VISTA MUNICIPAL CODE BY REPEALING
AND REPLACING CHAPTER 3.54 (TRANSPORTATION
DEVELOPMENT IMPACT FEE) AND REPEALING CHAPTER
3.55 (WESTERN AND BAYFRONT TRANSPORTATION
DEVELOPMENT IMPACT FEES)
WHEREAS, the City of Chula Vista currently assesses three geographically based
Transportation Development Impact Fee (TDIF) programs, the Eastern TDIF (ETDIF), the
Western TDIF (WTDIF), and the Bayfront TDIF (BFDIF); and
WHEREAS, the boundaries of the three ,geographically based TDIF programs are
presented in Exhibit 1, attached hereto and incorporated by reference; and
WHEREAS, in January 1988, the ETDIF was established as a development impact fee to
fund transportation facilities in the City's Eastern Territories via adoption of Ordinance No.
2251; and
WHEREAS, pursuant to Ordinance No. 2251 the City has commenced the collection of
development impact fees to be used to construct transportation facilities to accommodate
increased traffic generated by new development within the City's Eastern Territories; and
WHEREAS, Ordinance No. 2251 as amended by Ordinance Nos. 2289, 2348, 2349,
2431, 2580, 2604, and 2671 were repealed by Ordinance No. 2802 in January 1999; and
WHEREAS, by Ordinance No. 2802, the ETDIF was placed in Municipal Code Chapter
3.54; and
WHEREAS, by Ordinance Nos. 3029 and 3328, the ETDIF program was updated to
include new costs and facilities; and
WHEREAS, on March 18, 2008, the WTDIF was established as a development impact
fee to fund transportation facilities in the City's Western Territories via adoption of Ordinance
Nos. 3106 through 3110, as codified in Chapter 3.55 of the Municipal Code; and
WHEREAS, in addition to preparing the City for future growth in the western portion of
the City, the San Diego Association of Governments (SANDAL) required San Diego County
cities to enact a Citywide TDIF program in order to continue receiving annual TransNet funds
for local streets; and
Ct\Users\shereek\AppData\Roamine\L5\Temp\8c8bf897-3150-46b4-af84-d3ef81 e4e75 f docx
Ordinance
Page 2
WHEREAS, starting on July 1, 2008, each agency in the San Diego region was required.
to contribute $2,000 in exactions (updated annually) from the private sector per Equivalent
Dwelling Unit (EDU) to improve the Regional Arterial System (RAS); and
WHEREAS, on January 31, 2015, the WTDIF was amended to remove the Bayfront Area
from the fee program and the BFDIF was established as a separate fee program to fund
transportation facilities in the City's Bayfront Area via adoption of Ordinance No. 3328; and
WHEREAS, in order to ensure consistency between the ETDIF, WTDIF, and BFDIF
programs and to simplify ordinance administration, the consolidation of all three fee programs
into a single chapter of the Chula Vista Municipal Code (CVMC) is recommended (Chapter
3.54); and
WHEREAS, the proposed consolidated Transportation Development Impact Fee Chapter
3.54 includes additional language to clarify application of the existing code, to streamline
administration, and to improve readability; and
WHEREAS, updates to simplify the fee modification, waiver, and deferral process,
including granting additional authority to the City Council to approve fee deferrals for projects
which provide significant public benefit are also recommended; and
WHEREAS, the City recognizes the positive economic benefits of hotel/motel land uses
and that such uses may not achieve stabilized operations until several years after construction is
complete; and
WHEREAS, the City Council therefore desires to allow for deferral of ETDIF, WTDIF,
and BFDIF fees for up to four years from Certificate of Occupancy for hotel/motel uses that do
not receive any other economic subsidy from the City, with the ultimate fee determination to be
based upon a traffic study of actual trip generation; and
WHEREAS, this action does not increase or decrease the ETDIF, WTDIF, or BFDIF
rates currently in effect; and
WHEREAS, the following findings are intended to establish a nexus between the impact
of future development and the use of the fees collected; and
WHEREAS, the City's General Plan indicates the increased population will contribute to
increased traffic volumes; and
WHEREAS, engineering studies show the transportation network will be adversely
impacted by new development within the City's Eastern Territories, Western Area, and Bayfront
Area; and
WHEREAS, engineering studies and the City's General Plan establish that the
transportation facilities necessitated by development in the City's Eastern Territories, Western
Area, and Bayfront Area comprise integrated networks; and
Ordinance
Page 3
WHEREAS, on September 25, 2018, the City Council of the City of Chula Vista did
conduct a duly-noticed public hearing for consideration of a revision to the TDIF program; and
WHEREAS, the City's Development Services Director 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.
NOW THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Substantive Action
Chapter 3.54 of the Chula Vista Municipal Code is hereby repealed and replaced in its entirety.
Chapter 3.55 of the Chula Vista Municipal Code is hereby repealed. New Chula Vista Municipal
Code Chapter 3.54 shall read as follows:
Chapter 3.54
TRAiNSPORTATION DEVELOPMENT IMPACT FEES
Sections:
3.54.010 General intent.
3.54.020 Definitions.
3.54.030 Transportation facilities to be financed by the fees.
3.54.040 Areas to which fees are applicable.
3.54.050 Establishment of fees.
3.54.060 Determination of fees by land use category.
3.54.070 Time to determine fee amount due.
3.54.080 Purpose and use of fees.
3.54.090 Amount of fees.
3.54.100 Development projects exempt from fees.
3.54.110 Authority for accounting and expenditures.
3.54.120 Findings.
3.54.130 Fees additional to other fees and charges.
3.54.140 Developer construction of transportation facilities.
3.54.145 Mandatory oversizing of facility—Duty to tender reimbursement offer.
3.54.150 Procedure for issuance of credits or tender of reimbursement offer.
3.54.155 Developer transfer of credits.
3.54.160 Procedure for fee modification or reduction.
3.54.170 Assessment and special tax districts.
3.54.180 Economic incentive credit.
3.54.190 Fund loans.
3.54.200 Effective date.
Ordinance
Page 4
3.54.010 General intent.
The City's General Plan Land Use and Transportation element requires that adequate
Transportation Facilities be available to accommodate increased population created by new
development within the City of Chula Vista.
I
The City Council of the City of Chula Vista 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 Transportation Facilities that are the subject of this chapter. New
development contributes to the cumulative burden on Transportation Facilities in direct
relationship to the demand for service generated by the development.
The City Council of the City of Chula Vista has determined that a reasonable means of financing
the impacted Transportation Facilities is to charge a Fee on all developments located within the
following subareas of the City of Chula Vista: the Eastern Area, the Western Area, and the
Bayfront Area. Imposition of the transportation development impact fees 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.
3.54.020 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. "Accessory Dwelling Unit"means a dwelling unit as defined in CVMC 19.58.022.
B. "Bayfront Area" generally means that area of the City of Chula Vista generally west of
Interstate 5 and between E Street and Naples Street as shown on the map entitled
"Attachment 1" of the Council agenda statement for the ordinance codified in this chapter, on
file in the office of the City Clerk.
C. "BFDIF"means the Bayfront Transportation Development Impact Fee.
D. "Building Permit" means a permit required by and issued pursuant to the Uniform Building
Code, as adopted by reference by this City.
E. "Developer"means the owner or developer of a Development Project.
F. "Development Permit" means any discretionary permit, entitlement or approval for a
Development Project issued under any zoning or subdivision ordinance of the City.
G. "Development Project" or"Development"means any activity described as the following:
1. Any new residential dwelling unit, including any accessory dwelling unit, developed
on vacant land;
Ordinance
Page 5
2. Any new residential dwelling unit, including any accessory dwelling unit, developed
on nonvacant land, if the result is a net increase in demand for service. The fees shall
be based solely on the net increase in service demand;
3. Any physical conversion of an existing residential structure to create an accessory
dwelling unit, for which a Building Permit has been issued after September 25, 2018;
4. Any new non-residential Development constructed on vacant land;
5. Any expansion or intensification of non-residential Developments on nonvacant land,
if the result is a net increase in demand for service. The fees shall be based solely on
the net increase in service demand.
H. "Eastern Area" generally means that area of the City of Chula Vista located between
Interstate 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 as shown on the
map entitled "Attachment 1" of the Council agenda statement for the ordinance codified in
this chapter, on file in the office of the City Clerk.
1. "Engineer's Reports" mean 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; the study prepared by Willdan ("Eastern Area Development Impact Fees
for Streets" dated July 2002); the study prepared by City staff("Eastern Area Transportation
Development Impact Fees" dated March 2005); and the study prepared by City staff
("Eastern Area Development Impact Fees" dated September 2014), which are on file in the
office of the City Clerk. "Engineer's Report's" also mean the Engineer's Report for the
Western Transportation Development Impact Fee prepared by City staff, dated February
2008; and the "Western Transportation Development Impact Fee Nexus Study Update" dated
October 2014, and the "Bayfront Transportation Development Impact Fee Nexus Study"
dated October 2014, both prepared by City staff on file in the office of the City Clerk.
J. "ETDIF"means the Eastern Transportation Development Impact Fee.
K. "Fees" means the Transportation Development Impact Fees established pursuant to CVMC
3.54.050 and assessed in accordance with the Mitigation Fee Act (Government Code
§§66000-66025), as described in relevant Engineer's Reports on all Development Projects
located within the Eastern Area, the Western Area, and the Bayfront Area.
L. "Fee Credit" means credits that Developers may receive for costs they incur designing and
constructing the Transportation Facilities in accordance with CVMC 3.54.150.
M. "Nonprofit Community Purpose Facility" means a facility that is not operated for profit and
that serves one of the following purposes:
Ordinance
Page 6
1. Social and human service activities, including such services as Boy Scouts and Girl
Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the homeless;
2. Public schools (primary and secondary only);
3. Private schools (primary and secondary only);
4. Day care;
5. Senior care and recreation;
6. Worship, spiritual growth, and development.
N. "Published traffic generation rates" means rates used to calculate traffic generation that are
prepared and disseminated by local agencies, regional entities (such as Metropolitan Planning
Organizations), and professional societies with expertise in the development of traffic
generation rates.
O. "TDIF"means Transportation Development Impact Fee.
P. "Transportation Facility" means the project or portion of a project which involves the
specified improvements authorized by CVMC 3.54.030.
Q. "Western Area" generally means that area of the City of Chula Vista located between
Interstate 5 on the west, Interstate 805 on the east, the city boundary on the north and the City
boundary on the south, also including the area to the north of E Street, south of Naples Street
and to the west of Interstate 5, as shown on the map entitled "Attachment I" of the Council
agenda statement for the ordinance codified in this chapter, on file in the office of the City
Clerk.
R. "WTDIF"means Western Transportation Development Impact Fee.
3.54.030 Transportation facilities to be financed by the fees.
A. The Transportation Facilities which are the subject matter of the ETDIF, WTDIF, and
BFDIF, include (but are not limited to) Freeways, Expressways, Prime Arterials, Major
Streets, Collectors, Town Center Arterials, Gateway Streets, Urban Arterials, Commercial
Boulevards, Downtown Promenades, traffic signals, bicycle and pedestrian facilities, and
capacity-enhancing transportation management technologies and associated capital
expenditures, as detailed in the Engineer's Reports on file in the office of the City Clerk. The
Transportation Facilities also include related one-time start-up costs or portions thereof.
B. The City Council of the City of Chula Vista may modify or amend the lists of Transportation
Facilities by resolution in order to maintain.compliance with the City's General Plan or the
capital improvement program.
Ordinance
Page 7
C. The Transportation Facilities are those listed in the Engineer's Reports, included by
reference.
3.54.040 Areas to which fees are applicable.
The areas of the City of Chula Vista to which the fees herein established shall be applicable shall
be the Eastern Area, the Western Area, and the Bayfront Area, as they may from time to time be
amended by ordinance of the City Council.
3.54.050 Establishment of fees.
A. Development impact fees in the amounts set forth in CVMC 3.54.090 are hereby established
to pay for the Transportation Facilities within the Eastern Area, the Western Area, and the
Bayfront Area. The Fees shall be paid no earlier than upon the issuance of Building Permits
and no later than Final Inspection or Certificate of Occupancy for each Development Project
within the City of Chula Vista.
B. Notwithstanding CVMC 3.54.050(A) above, the City Manager, in his/her sole discretion,
may require payment of the Fees in advance of Final Inspection or Certificate of Occupancy
upon the occurrence of any of the following events:
1. The change of ownership of the Development, or any portion or portions thereof;
2. Upon the Finance Director's determination that the Fees are necessary based on the
adopted facilities program in accordance with California Government Code Section
66007(b)(1);
3. Upon a determination by the Finance Director that there exists a risk associated with the
collection of the Fees at a date later than permit issuance.
In no instance shall the Fees be paid earlier than Building Permit issuance.
3.54.060 Determination of fees by land use category.
The Fees shall be determined based on the average daily traffic generation of the Development
Project. The City Manager or designee shall calculate the traffic generation of the Development
Project using published traffic generation rates, traffic generation studies, traffic count data,
traffic impact studies, other relevant data and analysis, and/or engineering judgment.
For purposes of the Fees, single-family dwelling units shall include single-family detached
homes and detached condominiums; multi-family dwelling units shall include attached
condominiums, townhouses, duplexes, triplexes, accessory dwelling units, and apartments. The
traffic generation for residential land uses shall be calculated based on the-number of dwelling
units proposed in the Development Project.
The traffic generation for non-residential land uses shall be calculated using various measures of
development intensity as described in published traffic generation rates. For these uses, rates
based on the square footage of the Development Project will in most cases be selected over rates
based on gross acreage, as determined by the City Manager or designee. As it applies to non-
residential land uses, gross acreage means all land area that the City Manager's designee deems
Ordinance
Page 8
necessary within the boundary of the parcel or parcels of the Development Project for which
building permits are being requested.
In the ETDIF, the traffic generation rates for commercial retail land uses shall be reduced by
72% to recognize the capture of locally-generated residential traffic as documented in "Eastern
Area Transportation Development Impact Fees" Engineer's Report, dated March 2005.
3.54.070 Time to determine amount due.
The Fees for each Development shall be calculated based on the rates in effect at the time of
payment.
3.54.080 Purpose and use of fees.
The Fees collected shall be used by the City for the following purposes, in such order and at such
time as determined by the City Council:
A. To pay for such of the Transportation Facilities that the City Council determines should be
constructed, installed or purchased at that time, or to reimburse the City for Transportation
Facilities funded by the City from other sources.
B. To reimburse Developers who have been required or permitted by CVMC 3.54.140 to
construct, install or purchase approved Transportation Facilities identified in the Engineer's
_Reports, in such amounts as the City Council deems appropriate.
C. To pay for costs associated with administration of the Fees.
3.54.090 Amount of the fees.
A. The Fees shall be the amounts set forth in subsection (B) of this section.
The ETDIF shall be adjusted, starting on October 1, 2018, and on each October 1st
thereafter, based on the one-year change (July to July) in the Engineering News Record,
Construction Cost Index for the Los Angeles Region. Adjustments of the Fees based upon
annual changes to the applicable index shall be automatic and shall not require further action
by the City Council.
The BFDIF and WTDIF- shall be adjusted on October 1, 2018, and on each October 1st
thereafter. The annual inflation adjustment will be based on the one-year change (from July
to July) in the Caltrans Highway Construction Cost Index or the Los Angeles Construction
Cost Index as published by the Engineering News Record (ENR), or an increase of at least
two percent. The program collects two percent of the total hard project cost estimate for
program administration. Adjustments to BFDIF and WTDIF authorized in this section shall
also be automatic in accordance with annual action taken by the San Diego Association of
Governments (SANDAG) Board of Directors and shall not require further action by the City
Council.
The Fees may also be reviewed and.amended by the City Council as necessary based on
changes in the type, size, location or cost of the Transportation Facilities to be financed by
Ordinance
Page 9
the Fees; changes in land use designation in the City's General Plan; and upon other sound
engineering, financing, and planning information.
B. The Fees as of October 1, 2017 are as follows:
BFDIF: $1,029.70 per average daily trip
ETDIF: $1,412.60 per average daily trip
WTDIF: $426.00 per average daily trip
C. Developer shall pay an Administrative Fee in cash concurrent with the Fees pursuant to
CVMC 3.54.090(B) to fund staff activities related to administering the Fee.
3.54.100 Development projects exempt from the fees.
A. Development Projects by public agencies shall be exempt from the provisions of the Fees if
those projects are designed to provide the public service for which the agency is charged
("Public Purpose").
B. Nonprofit 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 Fees. The City Council hereby determines that it is appropriate to spread
any impact such Nonprofit Community Purpose Facilities might have to the other land use
categories subject to the Fees. In the event that a court determines that the exemption herein
extended to Nonprofit Community Purpose Facilities shall for any reason be invalid, the City
Council hereby allocates the Nonprofit 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.
C. Development Projects that are additions or expansions to existing dwelling units or additions,
expansions, or changes of use to businesses shall be exempt if the addition, expansion or
change of use does not result in a net increase in dwelling units or non-residential intensity.
The Fees shall be assessed on any net additional dwelling units or non-residential intensity.
Any net reduction in dwelling units or non-residential intensity shall not be entitled to a
refund, but the property retains credit based on the former number of dwelling units or non-
residential intensity.
3.54.110 Authority for accounting and expenditures.
All funds collected shall be deposited into specific funds based on the Area within which the
Development occurs. Fees collected for the ETDIF shall be deposited into an Eastern
Transportation Development Impact Fee Fund, Fees collected for the WTDIF shall be deposited
into a Western Transportation Development Impact Fee Fund, and Fees collected for the BFDIF
shall be deposited into a Bayfront .Transportation Development Impact Fee Fund (collectively,
the "Transportation Development Impact Fee Funds") as established by the Director of Finance
and shall only be expended for the purposes identified herein.
Ordinance
Page 10
3.54.120 Findings.
The City Council finds that collection of the Fees established by this chapter is necessary to
provide funds for the Transportation Facilities and to ensure certainty in the capital facilities
budgeting for growth-impacted public transportation facilities.
3.54.130 Fees additional to other fees and charges.
The Fees are 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 Development Projects.
3.54.140 Developer construction of transportation facilities.
Developer may construct or finance a Transportation Facility in accordance with the following:
A. Any Developer of a Development Project required by application of City ordinance,
regulation, or policy, as a condition of approval of a Development Permit to construct or
finance a Transportation Facility, or any Developer that proposes to design and construct a
Transportation Facility in conjunction with the execution of a Development Project shall
follow the procedure for doing same as set forth in this chapter and CVMC 2.56.160(H).
B. Unless otherwise stated herein, 'all Fee Credits shall be calculated on a dollar basis to be
applied toward payment of the assessed Fee at the time Fees are due, based on the then-
current Fee rate.
C. Fee Credits earned by constructing or financing Transportation Facilities financed by the Fee
may only be tendered for payment of the Fee for a Development within the area to which the
Fee is applicable. Fee Credits are not fungible as payment toward a different development
impact fee in the City than the Fee in which Fee Credit was earned.
D. The requirements of CVMC 3.54.145, 3.54.150, and 3.54.155 may, in the City's discretion,
be modified through an agreement between the Developer and the City, as approved by
Resolution of the City Council.
3.54.145 Mandatory oversizing of facility—Duty to tender reimbursement offer.
Whenever a Developer of a Development Project is required as a condition of approval of a
Development Permit to cause a Transportation Facility to be built to accommodate the demands
created by the Development Project, the City may require the Developer to install, purchase, or
construct the Transportation Facility according to design specifications approved by the City,
that being with such supplemental size or capacity required by the City ("Oversized Capacity
Requirement"). If such an Oversized Capacity Requirement is imposed, the City shall tender to
the Developer a reimbursement agreement for City-approved costs associated with the Oversized
Capacity Requirement, to be paid in cash when funds are available, as determined by the City
Manager. The City may, in its discretion, enter into an agreement with the Developer to issue
Fee Credits in-lieu of a reimbursement agreement for costs associated with the Oversized
Capacity Requirement, or some combination thereof.
Ordinance
Page 11
3.54.150 Procedure for issuance of credits or tender of reimbursement offer.
The City's extension of Fee Credits or tender of a reimbursement offer to a Developer pursuant
to CVMC 3.54.140 and 3.54.145 shall be conditioned on the Developer complying with the
following terms and conditions of this section:
A. Developer shall comply with the procedures described in CVMC 2.56.160(H), except that
City Council approval to proceed shall not be required for Developer constructed
Transportation Facilities to be constructed for Fee Credit.
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. In addition to the
requirements identified in CVMC 2.56.160(H), Developer shall perform the following:
1. Developer shall prepare plans and specifications for approval by the City;
2. Developer shall secure and dedicate any right-of-way required for the Transportation
Facility;
3. Developer shall secure all required permits and environmental clearances necessary for
construction of the Transportation Facility;
4. Developer shall provide a detailed cost estimate that itemizes those costs of the
construction attributable to the Transportation Facility and excludes any work attributable
to a specific subdivision project. The estimate shall be preliminary and the final amount
of reimbursement or Fee Credit shall be subject to final determination by the City
Manager or designee upon completion of the Transportation Facility;
5. 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 estimated cost of the
Transportation Facility, pursuant to subsection 4 above);
6. Developer shall pay all City fees and costs;
7. 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 Transportation Facility;
8. The City shall not be responsible for any of the costs of constructing the Transportation
Facility. The Developer shall advance all necessary funds to construct the Transportation
Facility;
9. Developer shall be entitled to immediate Fee Credit equal to fifty (50) percent of the
estimated cost of the Transportation Facility upon City acceptance of the estimate
provided pursuant to subsection 4 above and the provision of performance bonds
pursuant to subsection 5 above;
Ordinance
Page 12
10. Following receipt of valid bids for the Transportation Facility which comply with all
applicable requirements, entering into binding contracts for the construction of the
Transportation Facility; and meeting all requirements and conditions set forth above, as
approved by the City and
or designee, the Developer shall be entitled to additional
Fee Credits, increasing the cumulative immediate Fee Credit award to seventy-five (75)
percent of the bid amount attributable to the Transportation Facility, thereby retaining
twenty-five (25) percent of such Fee Credits until issuance by the City of a final
expenditure determination;
11. 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;
12. When all Transportation Facility construction work has been completed to the
satisfaction of the City Manager .or designee, Developer shall submit to the City
verification of payments made for the construction of the Transportation Facility. City
Manager or designee shall make the final determination of which expenditures are
eligible for Fee Credit or reimbursement. The Developer shall receive additional Fee
Credit in an amount equal to the difference between the final expenditure determination
and the seventy-five (75) percent immediate Fee Credit issued pursuant to subsection 10
above. If the amount of the final Fee Credit award is less than the deferred obligation
pursuant to Subsection 11 above, then the Developer shall have thirty (30) calendar days
to pay the deferred fee. If the deferred fees are not paid within this period, the City may
make a demand against the liquid security and apply the proceeds to the fee obligation.
3.54.155 Developer transfer of credits.
A Developer who, in accordance with the provisions of CVMC 3.54.140, 3.54.145, and
3.54.150, receives Fee Credits against future payments of the Fee may transfer those Fee Credits
as provided herein to another Developer ("Credit Transfer"). If the Developer complies with all
conditions of this section, the City shall permit and execute the Credit Transfer. Fee Credits
associated with facilities acquired or financed by assessment districts or special tax districts are
not eligible for Credit Transfer beyond the boundaries of said district(s).
A. The Developer shall provide the City with written request for Credit Transfer no later than
three (3) business days prior to the desired effective date of the Credit Transfer. The request
shall provide the following information:
1. The name of the Developer receiving the Credit Transfer;
2. The dollar value of the transferred Fee Credits; and
3. The Fee against which the Fee Credits will be applied.
Ordinance
Page 13
B. Credit Transfers must abide by the limitations described in CVMC 3.54.140(C).
3.54.160 Procedure for fee modification or reduction.
A. 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 impacts of the Development may apply to the City Manager, in writing, for a
modification or reduction of the Fee. The application shall state in detail the factual basis for
the claim of modification or reduction. The City Manager shall issue a decision within ten
(10) business days of receipt of the application for Fee modification or reduction. The
decision of the City Manager may be appealed to the City Council. Unless the requirement
for timely filing is waived by the City, the appeal shall be made in writing and filed with the
City Clerk not later than ten (10) business days after issuance of the City Manager's decision.
The appeal shall state in detail the factual basis for the claim of modification or reduction.
The City Council shall consider the application at a public hearing on same, notice of which
need not be published other than by description on the agenda of the meeting at which the
public hearing is held. The City Council shall make reasonable efforts to hold the public
hearing within sixty (60) days of the filing of the appeal. The decision of the City Council
shall be final. If a reduction or modification is granted, any change in use within the
Development Project shall subject the Developer to payment of the Fee for the new use. The
procedure provided by this section is additional to any other procedure authorized by law for
protesting or challenging the Fee imposed by this chapter.
B. A Development Project which is designated and intended as a temporary use (10 years or
less) and which is conducted in facilities which are, by their nature, short-term interim
facilities such as a portable or modular building (including mobile homes, trailers, etc.) may
qualify for a waiver or reduction, as determined by the City Manager or designee. The City
Manager or designee's determination may be appealed to the City Council pursuant to
subsection A above.
C. A deferral of the Fee may be granted on the basis of Developer's demonstrated economic
hardship as determined at the sole discretion of the City Manager or designee, on the
condition that the amount deferred bears interest at a fair market rate so as to constitute an
approximate value equivalent to a cash payment and that the amount deferred is adequately
secured by agreement with the applicant, the terms of which shall be subject to approval of
the City Attorney and the City Manager.
D. A deferral of the Fee may be granted on the basis that the Development Project offers a
significant public benefit as determined at the sole discretion of the City Manager or
designee, on the condition that the amount deferred bears interest at a fair market rate so as
to constitute an approximate value equivalent to a cash payment and that the amount deferred
is adequately secured by agreement with the applicant, the terms of which shall be subject to
approval of the City Attorney and the City Manager.
E. At a minimum, deferral agreements pursuant to CVMC 3.54.160(C) and 3.54.160(D) shall
require the following:
Ordinance
Page 14
1. The Fee obligation be secured through a promissory note and a recorded lien, deed of
trust, or other security instrument acceptable to the City Manager or designee in real
property of at least equivalent value to the Fees due pursuant to CVMC 3.54.090, to be
located within the City of Chula Vista.
2. The outstanding deferred balance shall become due and payable if the Developer
transfers the Development Project property to any other party without the reasonable
advance approval of the City Manager or designee and the acceptance of the other party
of the obligation to pay the outstanding balance of the deferred fees as provided herein,
including, without limitation, the provision of appropriate security acceptable by the City
Manager or designee.
F. Any Developer who proposes the construction of a new hotel/motel, which does not
otherwise receive an economic subsidy from the City, may apply to the City for a deferral
and/or reduction of the Fee based on the nature of hotel/motel.
1. A deferral pursuant to this section may be granted for a period of up to four (4) years
from the Certificate of Occupancy for the Development Project. The deferral period shall
begin upon the issuance of a temporary Certificate of Occupancy, as applicable. The
total amount deferred shall be secured through an agreement between the City and the
developer, the terms of which shall be subject to approval of the City Attorney and the
City Manager. At a minimum, the agreement shall require the following:
i. The Fee obligation be secured through a promissory note and a
recorded lien, deed of trust, or other security instrument acceptable to
the City Manager or designee in real property of at least equivalent
value to the Fees due pursuant to CVMC 3.54.090, to be located
within the City of Chula Vista.
ii. Any sale or transfer of the hotel/motel property shall require the new
owner to assume all obligations of the transferring party, including full
responsibility for the outstanding deferred balance. The City of Chula
Vista shall be provided with notice of the transfer and documentation
satisfactory to the City Manager or designee 'demonstrating that the
new owner has fully assumed all obligations of the transferring party.
Failure to provide such notice and documentation shall cause the
outstanding deferred balance to become due and payable.
iii. The City's final determination of the Fees to be imposed on the
hotel/motel will be based on a traffic study to be paid for by the
developer and prepared and submitted for approval by the City's
Director of Development Services within the fourth year of operation
of the fully developed hotel/motel. The Fees shall be assessed based
upon the rates in effect at the time of payment. Should the developer
fail to submit such traffic study and obtain the City's approval thereof
prior to the expiration of the deferral period, the entire Fee imposed
pursuant to this chapter shall be immediately due and payable.
Ordinance
Page 15
3.54.170 Assessment and special tax districts.
A. If any assessment or special tax district is established for any or all of the Transportation
Facilities listed in Engineer's Reports, the Developer may apply to the City Council for a Fee
Credit in an amount equal to the Development's attributable portion of the cost of the
authorized improvements associated with the Transportation Facility as determined by the
City Manager or designee, plus approved incidental costs normally occurring with a
construction project, but excluding costs associated with assessment district proceedings or
financing.
B. Whenever a Fee Credit is generated by constructing a Transportation Facility using
assessment district or special tax district financing, the credit shall only be applied to the Fee
obligations within that district.
3.54.180 Economic incentive credit.
The City Council may authorize the City to participate in the financing of Transportation
Facilities at the time of the appropriation of funds 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 Fee
obligations for those Development 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
subject Development Project and the City and approved by City Council.
The City shall only receive Economic Incentive Credit for Transportation Facility funding
provided in excess of the funding identified in the most recent Engineer's Reports.
3.54.190 Fund loans.
A. Loans by the City. The City may loan funds to the Transportation Development Impact Fee
Fund to pay for Transportation Facilities should the Transportation Development Impact Fee
Fund have insufficient funds to cover the cost of planned Transportation Facilities. Said
loans, if granted, shall be approved by resolution of the City Council and shall carry interest
rates pursuant to City Council Policy 220-06 (Interfund Loan Policy) or such other Council
Policies as may be subsequently adopted.
B. Developer Loans. A Developer may loan funds to the City as outlined in CVMC 3.54.140
and 3.54.150. The City may repay said developer loans with interest, under the terms listed in
subsection (A) of this section.
3.54.200 Effective date.
This chapter shall become effective on October 25, 2018.
Section Il. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance
Page 16
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by: Approved as to form by:
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
L
o
0
0
v m
0
LL
CU
- r
0
c
o�
mp
m
W CLL_
\ t`C)
F-
}
ro
V)
7
a � U
=JIL
w
� o
z �
0
Z
\• j p W
\\ " t
CO
LL LL
LL
., o
_
9 LL
� o a
Q n �
i% E mp i
� c =
ccc
LL O r
p LnLn
c
m w 8
- EDEg
F -
Q
O U_ Z >
(lu � C, #0� f -.
Co U)
cc
s
,
Chula Vista Municipal Code Page 1/10
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEE
Chapter 3.54
TRANSPORTATION DEVELOPMENT IMPACT FEE
Sections:
3.54.010 Establishment of fee.
3.54.020 Definitions.
3.54.030 Transportation facilities to be financed by the fee.
3.54.040 Developer construction of transportation facilities.
3.54.050 Procedure for fee waiver or reduction.
3.54.060 Payment of DIF program support.
3.54.070 Exemptions.
3.54.080 Assessment districts.
3.54.090 Economic incentive credit.
3.54.010 Establishment of fee.
A.A development impact fee in the amounts set forth in subsection(C)of this section is hereby established to pay
for transportation improvements and facilities within the Eastern Territories of the City.The fee shall be paid before
the issuance of building permits for each development project within the Eastern Territories of the City.No building
permit shall be issued unless the.development impact fee is paid.The fees shall be deposited into an Eastern
Territories transportation facilities fund,which is hereby created,and shall be expended only for the purposes set
forth in this chapter.The Director of Finance is authorized to establish various accounts within the fund for the
various improvements and facilities identified in this chapter 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.The City Council finds that collection of the fees established by this chapter at the time of the
building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with
the need for those facilities and to ensure certainty in the capital facilities budgeting for the Eastern Territories.
B.The 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.
C.The amount of the fee for each development shall be calculated at the time of building permit issuance based
upon the following schedule:
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code ' Page 2/10
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEE
STABLE J
PROPOSED TDIF, FEE. PER- LAND .USE CLASSIF1CATlON
Pro#c d T61F Fee Per EQU;
�T o r- �'.. e'.
u
e~ e ial.l C dly I'M ckoveling urds pft age` 1. :FC Jti l 1 ,03& pq 11tJ
" [tial(�'?) n,I-1S re [ ti s l t3 0. ED oli
10,' ! J
1Gtl} >i 51 H EDWDU 5 7,821M3 W DU
er ,aur 0.4 EDUM S 5,114.E .S W
R al c ,. >1 dv uta per dire' . G S 51 1=. 3 ou
ovnri cia eci Ute" 16,0-D1,M- Sq ft $208,5%001 pi0 84 ft
Gen al C cit(Atte) �,rwepj st.- h ht 16:6 E DU_1A.Ue S 2n 8.5%0,0 Ade
Rzgknal reel(Aw) >BiOOA sq It 11,0FDWA cm 5 143,3 5. 2
,A.pr
d�1t rr erGtal(i cre) .9.live(5)stmt in h$ ht .4 DUTA#? QC 1 f�k A �
fstw(Acte'), {hive 15}At in he0.1 9.0-EDUI'Ave S 117.315,E per Alae.
nt tt l(Altre) 9.0 EDW.. e S1.17,315400 , az
egbrW Tedmlpq/P&k(Aqe) 8,0 EDWAm S 104,2tO Acre
1.6,Hde-GtrCourse 70.0 EDWCoume 5 99 2,4 :00 pv',Gourse
1oW Ia5.0=D e -5347,275,10 W AVe
� d is=S[eted CAltttmiciai m ed use a*if gvaNf vV,to_ fiat trind use is?OwW on wowd Ptd ,or Mgher,
abW&bommmialpqj,d.
The density of the development type shall be based on the number of dwelling units per gross acre for single-family
or multifamily 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."Gross acreage,"as it applies to the commercial,high rise commercial,industrial and office development
types,means all land area that the City Manager's designee deems necessary within the boundary of the parcel or
parcels of the development project for which building permits are being requested.
The amount of the fee shall be adjusted,starting on October 1,2015,and on each October 1st thereafter,based on
the one-year change(from July to July) in the Los Angeles Construction Cost Index as published monthly in the
Engineering News Record.For reference purposes,this update is based on the July 2014 Los Angeles Construction
Cost Index of 10,737.43.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 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.
D.The fees collected shall be used by the city for the following purposes as determined by the city council:
1.To pay for the construction of facilities by the city,or to reimburse the city for facilities installed by the city
with funds from other sources.
2.To reimburse developers who have been required by CVMC 3.54.040(A)to install improvements that are
major streets and are listed in CVMC 3.54.030.
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 3/10
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEE
3.To reimburse developers who have been permitted to install improvements pursuant to CVMC 3.54.040(B).
(Ord. 3328 § 2,2014;Ord. 3029 § 2,2005; Ord. 2866 § 2,2002; Ord.2802 § 3, 1999).
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."City engineer"means the city engineer,the city engineer's designee or the city manager's designee.
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 Interstate 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.
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;the study
prepared by Willdan("Eastern Area Development Impact Fees for Streets"dated July 2002);the study prepared by
City staff("Eastern Area Transportation Development Impact Fees"dated-March 2005);and the study prepared by
City staff("Eastern Area Development Impact Fees"dated September 2014),which are on file in the office of the
City Clerk.
I."High rise commercial"means commercial office usage five or more stories in height.
J. "Transportation facility project"means that project or portion of project,which involves the specified
improvements authorized by CVMC 3.54.030.
K."Regional commercial"means-any large commercial shopping center, larger than 60 acres,and containing more
than 800,000 square feet of commercial space.
L. "Mixed use residential"means residential units constructed above a commercial space.
M."Mixed use commercial"means a commercial project with residential units located on second floor,or higher,
above the commercial space. (Ord. 3328 § 3(A),2014; Ord. 3029 § 3,2005; Ord.2866 § 3,2002;Ord.2802 § 3,
1999).
3.54.030 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:
3.**Telegraph Canyon Road from Paseo Del Rey to east of Paseo Ladera north side.
3a.**Telegraph Canyon Road/I-805 interchange,Phase II.
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 4/10
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEE
3b.**Telegraph Canyon Road from I-805 interchange to 200 feet east of Telegraph Canyon Shopping Center.
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.
7a.**East H Street through Rancho Del Rey.
7b.**East H Street/I-805 interchange modifications,Phase I.
7c.**East H Street/I-805 interchange modifications,Phase II.
8.**East H Street from Eastlake Drive to SR-125.
9a.**Otay Lakes Rd. intersection with East H Street.
9b.**Otay Lakes Road from Camino del Cerro Grande to Ridgeback Road.
10.** Central Avenue from Bonita Road to Corral Canyon Road.
10a.**La Media Road from Telegraph Canyon Road to East Palomar Street.
10b.**La Media Road from East Palomar Street to Olympic Parkway.
11.**Bonita Road from Otay Lakes Road to Willow Street.
14.**East H Street from SR-125 to San Miguel Road(Mt.Miguel Road).
15.**Proctor Valley Road(East H Street)from San Miguel Road(Mt.Miguel Road)to Hunte Parkway.
16.**Olympic Parkway from Brandywine Avenue to Paseo Ranchero.
17:**East Palomar Street from Oleander Avenue to Medical Center Drive.
17a.**East Palomar Street from Medical Center Drive to Paseo Ladera.
17b.**East Palomar Street from Paseo Ladera to Sunbow eastern boundary.
18.**Telegraph Canyon Road,Phase IV: 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.
21a.**Hunte Parkway from Club House Drive to Olympic Parkway.
22a.**Olympic Parkway,Phase IV: from SDG&E easement to Hunte Parkway.
22b.**Olympic Parkway,Phase V: from SR-125 to SDG&E 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,Phase I: from Paseo Ranchero to La Media Road.
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 5110
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEE
24b.**Olympic Parkway,Phase I1: from La Media Drive to East Palomar Street.
24c.**Olympic Parkway,Phase III: from East Palomar Street to SR-125.
24e.**Olympic Parkway,Phase VI: from Heritage Road to SR-125.
25a.**Olympic Parkway/I-805 interchange modifications.
25b.**Olympic Parkway from Oleander Avenue to Brandywine Avenue.
26.**East Palomar Street from Heritage Road to the Sunbow eastern boundary.
28a.**Otay Lakes Road from Hunte Parkway to Lake Crest Drive.
28b.Otay Lakes Road from Lake Crest Drive to Wueste Road.
29.** Olympic Parkway from Hunte Parkway to Wueste Road.
30.** Otay Lakes Road from SR-125 to Eastlake Parkway.
31.**Eastlake Parkway from Fenton Street to Otay Lakes Road.
32a.**East"H"Street(westbound)from I-805 to Hidden Vista Drive.
32b.**East"H"Street(eastbound)from I-805 to Terra Nova Shopping Center.
33a.**Bonita Road at Otay Lakes Road intersection.
33b.**Telegraph Canyon Road/1-805 interchange modifications,Phase 1.
35.**East"H"Street at Otay Lakes Road intersection.
37.**Eastlake Parkway from CWA Easement to Olympic Parkway.
38.**East"H"Street from Paseo Del Rey to Tierra del Rey.
39.**Bonita Road from 1-805 to Plaza Bonita Road.
41.**Brandywine/Medical Center Drive from Medical Center Court to Olympic Parkway.
42.**Birch Road from La Media Road to SR-125.
43.Birch Road from SR-125 to Eastlake Parkway.
45.**Eastlake Parkway from Olympic Parkway to Birch Road.
46.Eastlake Parkway from Birch Road to Hunte Parkway/Rock Mountain Road.
47a.San Miguel Ranch Road(formerly Mt.Miguel Road)from Proctor Valley Road North to SR-125.
47b.**Mt.Miguel Road from SR-125 to Proctor Valley Road(South),previously named East"H"Street.
48.**Hunte Parkway from Olympic Parkway to Eastlake Parkway.
51a.** La Media Road from Olympic Parkway to Santa Venetia Street.
5lb.**La Media Road from Santa Venetia Street to Birch Road.
52a.** La Media Road from Birch Road to Santa Luna Street.
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 6/10
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEE
52b.La Media Road from Santa Luna Street to Main Street Couplet intersection.
53a.La Media Road Couplet within Village 8 to Otay Valley Road.
53b.Main Street Couplet Road within Village 8W.
53c.Otay Valley Road from La Media Road to SR-125 R/W.
55a. Otay Lakes Road from East H Street to Telegraph Canyon Road.
55b.**Otay Lakes Road from Canyon Drive to East H Street.
56a.**Main Street from Nirvana Avenue to 1,600 feet west of Heritage Road/Rock Mountain Road.
56c.Otay Valley Road(formerly Main Street)from La Media Road to SR 125.
56d.**Main Street at I-805 underpass widening.
56e.Main Street from 1,600 feet west of Heritage Road/Rock Mountain Road to Heritage Road/Rock
Mountain Road(Main Street extension).
57.Heritage Road(formerly Paseo Ranchero)from Olympic Parkway to Main Street.
58a.Heritage Road(formerly Paseo Ranchero)from Main Street to southern City boundary(excludes
bridge crossing the Otay River).
58b.Heritage Road Bridge(formerly Paseo Ranchero)crossing the Otay River.
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 Rolling Hills Ranch
Neighborhood 9 east entrance.
59c.Proctor Valley Road from Agua Vista Drive/Northwoods Drive(Rolling Hills Ranch Neighborhood
9 east entrance)to easterly City boundary.
60a.Main Street(formerly Rock Mountain Rd.)from Heritage Rd.to La Media Rd.
60b.Main Street(formerly Rock Mountain Road)from Wolf Canyon Bridge to La Media Road.
60c.Main Street(formerly Rock Mountain Road)Bridge across Wolf Canyon.
60d.Main Street(formerly Rock Mountain Road)from La Media Road to SR-125.
61.Willow Street Bridge from Bonita Road to Sweetwater Road.
62.East H Street from 500 LF west of Buena Vista Way to Otay Lakes Road.
63.System wide intersection signalization area within the Eastern Territories.
64.Hunte Parkway(Main Street)from SR-125 to Eastlake Parkway.
65.Transportation demand management/transportation system management(formerly Traffic
Management Center).
66.**Transportation demand management(TDM).
67.Main Street(formerly Rock Mountain Road)bridge overcrossing and interchange ramps at SR-125.
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 7/10
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEE
68.Otay Valley Road bridge overcrossing and interchange ramps at SR-125.
69.Millenia Avenue from Birch Road to Hunte Parkway(Main Street).
70.Discovery Falls Drive from Hunte Parkway to Village 9/Street"B".
71.Street"B"from Hunte Parkway(Main Street)to Otay Valley Road.
72.Otay Valley Road from east of SR-125 R/W to easterly subdivision boundary.
** Project has been completed.
Current projects are listed in bold.
B.The city council may modify or amend the list of projects in order to maintain compliance with the circulation
element of the city's general plan. (Ord. 3328 § 3(B),2014;Ord. 3029 §4,2005; Ord. 2866 § 4,2002; Ord.2802 §
3, 1999).
3.54.040 Developer construction of transportation 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 the construction of a portion of a
transportation facility identified in CVMC 3.54.030,the city council may impose an additional requirement that the
developer install the improvements with supplemental size, length or capacity in order to ensure efficient and timely
construction of the transportation facilities network. If such a requirement is imposed,the city council shall, in its
discretion,enter into a reimbursement agreement with the developer,or give a credit against the fee otherwise levied
by this chapter on the development project,or some combination thereof.
B. Whenever a developer requests reimbursement,or a credit against fees,for work to be done or paid for by the
developer under subsection(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 estimate is preliminary and the amount 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 transportation facility 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 for 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
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 8/10
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEE
for the combined work based on a clearly 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 the conditions set forth in subsections(13)(1)and(13)(2)(a)of this section 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 subsection(13)(2)(c)of this section,entered into binding contracts for the construction
of the project,and met the conditions set forth in subsections(13)(1)and(13)(2)(a)of this section 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 these 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 project to the city.The city manager's
designee shall make the final determination on expenditures which are eligible for credit or cash
reimbursement.
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 subsection(B)of this section, 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 amount 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.
i. 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
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 9/10
Chapter 3.54 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.
j.The requirements of this subsection(B)of this section may,in the city's discretion,be modified through
an agreement between the developer and the city and approved by city council.
C.Whenever a transportation development impact fee credit is generated by constructing a transportation facility
using assessment district or community facilities district financing,the credit shall only be applied to the
transportation development impact fee obligations within that district. (Ord.2866§§ 5,6,7,2002; Ord. 2823 § 1,
2000;Ord. 2802 § 3, 1999).
3.54.050 Procedure for fee waiver or reduction.
A.Any developer who,because of the nature or type of uses proposed for a development project,contends that
application of the fee imposed by this chapter is unconstitutional,or unrelated to mitigation of the traffic needs or
burdens of the development,may apply to the city council for a waiver,reduction,or deferral of the fee.A
development which is designed and intended as a temporary use(10 years or less)and which is conducted in
facilities which are,by their nature,short-term interim facilities such as a portable or modular building(including
mobile homes,trailers,etc.)may qualify for a waiver,reduction,or deferral.In addition,a deferral may be granted
on the basis of demonstrated economic hardship on the condition that: (1)the use offers a significant public benefit;
(2)the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a
cash payment;and(3)the amount deferred is adequately secured by agreement with the applicant. Unless the
requirement for timely filing is waived by the city,the application shall be made in writing and filed with the city
clerk not later than 10_days after notice of the public hearing on the development permit application or 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 waiver or reduction.
B. Any developer who proposes a golf course and contends that the application of the development impact fee is
unrelated to the mitigation of the traffic needs of the golf course may apply to the city council for a reduction of the
fee based on the nature of the proposed golf course.An interim reduction may be granted in the city's discretion
pursuant to a written agreement with the developer and upon developer's submission of a preliminary traffic study
which adequately supports the contention that the fee imposed by this chapter is not related to the traffic to be
generated by the golf course. The city's final decision on the fee to be imposed on the-golf course will be based on a
traffic study to be paid for by the developer and prepared and submitted for approval by the city's director of public
works within the fourth year of operation of the fully developed golf course. Should the developer fail to submit
such traffic study and obtain the city's approval thereof during the fourth year of golf course operation,the entire fee
imposed by this chapter shall be immediately due and payable. If a fee reduction is permitted, the city council may
allow developer to pay the development impact fee over a 10-year period.
C. The city council shall consider the application at a public hearing on same,notice of which need not be published
other than by description on the agenda of the meeting at which the public hearing is held. Said public hearing
should be held within 60 days after its filing.The decision of the city council shall be final. If a deferral,reduction or
waiver is granted, it should be granted pursuant to an agreement with the applicant,and the property owner, if
different from the applicant,providing that any change in use within the project shall subject the development to
payment of the full fee.The procedure provided by this section is additional to any other procedure authorized by
law for protesting or challenging the fee imposed by this chapter. (Ord. 2802 § 3, 1999).
3.54.060 Payment of DIF program support.
The"DIF program support"shall,with no exceptions,be paid in cash concurrently with the development impact fee
at a rate equal to three percent of the DIF program's hard project costs,as identified in the most recent financial and
engineering study, subject to the adjustment authorized by CVMC 3.54.010(C). (Ord. 3328 § 3(C),2014;Ord. 2802
§ 32 1999).
3.54.070 Exemptions.
Development projects by public agencies shall be exempt from the provisions of this fee.
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 10/10
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEE
Exempt development uses with the following characteristics or activities as a principal use of land,generally
described as"community purpose facility":
A. Social service activities,including such services as Boy Scouts,Girl Scouts,Boys Club and-Girls Club,
Alcoholics Anonymous,YMCA and services for the homeless;
B.Public schools(elementary and secondary);
C. Private schools(elementary and secondary);
D. Day care(nonprofit only);
E. Senior care and recreation(nonprofit only);
F. Worship,spiritual growth and development. (Ord. 2802 § 3, 1999).
3.54.080 Assessment districts.
If any assessment or special taxing district is established for any or all of the facilities listed in CVMC 3.54.030,the
owner or developer of a project may apply to the city council for a credit against the fee in an amount equal to the
development's attributable portion of the cost of the authorized improvements as determined by the director of
public works,plus incidental costs normally occurring with a construction project,but excluding costs associated
with assessment district proceedings or financing. (Ord. 2802 § 3, 1999).
3.54.090 Economic incentive credit.
The City may receive economic incentive credit only for those eligible projects(i) identified in CVMC 3.54.030 and
(ii)for amounts of funding not identified in the most recent financial and engineering study. (Ord.3328 § 3(D),
2014; Ord. 2866 § 8,2002).
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 1/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
Chapter 3.55
WESTERN AND BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEES
Sections:
3.55.010 General intent.
3.55.020 Definitions.
3.55.030 Public transportation facilities to be financed by the WTDIF.
3.55.035 Public transportation facilities to be financed by the BFDIF.
3.55.040 Territory to which fee applicable.
3.55.050 Establishment of a western and a Bayfront development impact fee.
3.55.060 Determination of fees by land use category.
3.55.070 Time to determine amount due.
3.55.080 Purpose and use of fee.
3.55.090 Amount of fees.
3.55.100 Development projects exempt from the fee.
3.55.110 Authority for accounting and expenditures.
3.55.120 Findings.
3.55.130 Fee additional to other fees and charges.
3.55.150 Developer construction of transportation facilities.
3.55.160 Procedure for fee waiver or reduction.
3.55.170 Assessment districts.
3.55.180 Economic incentive credit.
3.55.190 Fund loans.
3.55.200 Effective date.
3.55.010 General intent.
The City's General Plan Land Use and Transportation Element requires 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
transportation facilities which must be mitigated by the financing and construction of certain public transportation
facilities which are the subject of this chapter.New development contributes to the cumulative burden on these
public transportation facilities in direct relationship to the amount of vehicular traffic and 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 transportation facilities is to charge
a fee on all developments within the area of the City east of Interstate 1-805. Imposition of a transportation
development impact fee would be placed on all new development in the western portion of the City of Chula Vista
(WTDIF)and a separate development impact fee would be placed on all new development in the Bayfront Area of
the City of Chula Vista(BFDIF).These fees(WTDIF and BFDIF)would only be applied to new development for
which building permits have not yet been issued.The imposition and collection of the WTDIF and the BFDIF are
necessary in order to protect the public health, safety and welfare,thereby ensuring effective implementation of the
City's General Plan.
Prior to the development of the Bayfront Development Master Plan,the western and Bayfront portions of the City of
Chula Vista were considered one area for which a single development impact fee was charged.However,subsequent
to the development of the Bayfront Development Master Plan, it became apparent that a significant difference in the
type of infrastructure needed in the Bayfront Area as compared to the rest of western Chula Vista exists and equity
requires that the two areas,previously combined,be separated such that each area will only be required to mitigate
the transportation-related impacts caused by development within the respective area;therefore,two separate benefit
areas are hereby established with different rates, the western transportation impact fee(WTDIF)and Bayfront
transportation development impact fee(BFDIF),to be applied to the Western Area and the Bayfront Area,
respectively.(Ord. 3327 § 1,2014;Ord. 3110 § 2,2008;Ord. 3109 § 2,2008;Ord. 3108 §2,2008; Ord. 3107 § 2,
2008;Ord. 3106§ 2,2008).
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 2/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
3.55.020 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 California Building Code.
B."City Engineer"means the City Engineer,the City Engineer's designee or the City Manager's designee.
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 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 nonvacant land in those land use
categories listed in subsections(F)(1)and(2)of this section, if the result is a net increase in dwelling units.The
fee shall be based solely on this net dwelling unit increase;
4. Any new or expanding special land use project;
5.Any special purpose project developed on vacant land or nonvacant 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;
6. Any other development project not listed above but described in Sections 65927 and 65928 of the State
Government Code.
G."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,
Alcoholics Anonymous and services for the homeless;
2.Public schools;
3.Private schools;
4.Day care;
5. Senior care and recreation;
6. Worship,spiritual growth and development.
H. "Western Area"generally means that area of the City of Chula Vista located between Interstate 5 on the west,
Interstate 805 on the east,the City.boundary on the north and the City boundary on the south,also including the area
to the north of E Street,south of Naples Street and to the west of Interstate 5,as shown on the map entitled
"Attachment 6"of the Council agenda statement for the ordinance codified in this chapter,on file in the office of the
City Clerk.
L`Bayfront Area"means that area of the City of Chula Vista generally west of Interstate 5 and between E Street
and Naples Street,excluding the United Technologies parcels,as shown on the map entitled"Attachment 6"of the
Council agenda statement for the ordinance codified in this chapter,on file in the office of the City Clerk.
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 3/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
J."Engineering study"and"Engineer's Report"mean the Engineer's Report for the Western Transportation
Development Impact Fee prepared by City staff,dated February 2008; and the Engineer's Report(Nexus Study) for
the Western Transportation Development Impact Fee dated October 2014,and the Engineer's Report(Nexus Study)
for the Bayfront Transportation Development Impact Fee,both prepared by City staff on file in the office of the City
Clerk.
K.Regional Arterial System(RAS).RAS roadways are generally described as those facilities that act as a critical
link in providing direct connections between communities ensuring system continuity and congestion relief in high
volume corridors.They are roadways that are listed in the most recent edition of SANDAG's Regional
Transportation Plan(RTP)or have been accepted for inclusion into the RTP.
L. "Special land use"means any nonresidential,noncommercial/office or nonindustrial development project(e.g.,
Olympic Training Center,hospitals,utilities),or non-special purpose project.
M."Special purpose project"means any for-profit community purpose facility(e.g.,day care). (Ord. 3327§ I,
2014;Ord. 3110 § 2,2008;Ord. 3109 § 2,2008;Ord. 3108 § 2,2008;Ord. 3107 § 2,2008;Ord.3106 § 2,2008).
3.55.030 Public transportation facilities to be financed by the WTDIF.
A.The public transportation facilities(facilities)which are the subject matter of the WTDIF are listed below as
detailed in subsection(C)of this section and in the Engineer's Report on file in the office of the City Clerk.
B.The City Council may modify or amend the list of projects in order to maintain compliance with the Circulation
Element of the City's General Plan.
C.The facilities are as follows:
Interstate 5 Improvements
1. (1-5-1)I-5/E Street NB off-ramp
restriping,add lane
2. (1-5-2)I-51E Street/Bay
Boulevard SB off-ramp
restriping,add lane
3. (1-54)E Street bridge widening
over 1-5(250'X 20')
4. (1-5-5)F Street bridge widening
over 1-5(250'X 20')
5. (I-5-6)I-5/H Street NB off-ramp
restriping,add lane
6. (1-5-7)1-5/H Street SB off-ramp
restriping,add lane
7. (1-5-8)H Street bridge widening
over 1-5(200'X 40')
8. (1-5-9)1-58 Street NB off-ramp
restriping,add lane
9. (I-5-10)I-5/J Street
under-crossing widening,add
EB-NB(175'X 20'X
5350.00/sf)
10. (1-5-11)L Street bridge
widening over I-5(S/W for peds
300'X IT)(18%)
11. (1-5-12)1-5/Bay Boulevard
(south of L Street)SB
on-/off-ramps traffic signal
12. (1-5-13)I-5/Industrial Boulevard
NB on-/off-ramps,traffic signal
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 4/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
13. (I-5-14)I-5/Palomar Street
bridge widening
14. (1-5-16)I-5/Main Street bridge
widening(275 if X 2010
15. (I-5-17)I-5 HOV add managed
lanes from SR 905 to SR 54
(50%in CV)
Interstate-805 Improvements
16. (1-805-2)Main Street
under-crossing widening for
EB-NB left turn lane
State Route 54 Improvements
17. (SR-54-2)SR-54 EB off-ramp at
N.Fourth Avenue—add ramp
lane
Regional Arterial System(RAS)Projects
18. (RAS-1)Bonita Road from First
Avenue to I-805
19. (RAS-2)Broadway from C
Street to south of Main Street
(City Limits)
20. (RAS-3)E Street improvements
—First Ave.to Bonita Road/E.
Flower Street
21. (RAS-4)E Street improvements,
1-5 to 300 feet east of NB ramp
22. (RAS-5)E Street LRT grade
separation(underpass LRT
option)
23. (RAS-6)H Street LRT grade
separation(underpass LRT
option)
24. (RAS-7)H Street at Broadway
EB queue jumper lane and
traffic signal modifications
25. (RAS-9)H Street widening to
six lanes from 1-5 to Broadway
26. (RAS-10)H Street
improvements from Second
Avenue to Hilltop Drive
27. (RAS-11)East H St.north side
improvements from Hilltop
Drive to I-805
28. (RAS-l3)LStreet
improvements south side west of
Industrial Boulevard
29. (RAS-14)Telegraph Canyon
Road at 1-805 south side
sidewalk
30. (RAS-15)Orange Avenue from
Palomar Street to Hilltop Drive
31. (RAS-16)Palomar Street
improvements from 1-5 to 1-805
32. (RAS-l7)Main St.
improvements from I-5 to 1-805
(See GPU Table 5.10-6)
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 5/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
33. (RAS-18)H Street/4th Avenue
add WB-NB and EB-SB right
tum lanes
34. (RAS-19)H Street/4th Avenue
add WB-NB and EB-SB right
tum lanes
35. TF-358 western transportation
development impact fee
36. (RAS-21)Palomar Street LRT
grade separation
37. (BP-4)Main Street bike lanes
from Industrial Boulevard and
1-805
38. (BP-7)H-Street:Broadway to
Second Ave.ped improvements
39. (BP-8)Broadway:D Street to
Main Street ped improvements
Bicycle and Pedestrian Facilities Improvements
40. (BP-1)Bayshore Bikeway(bike
path)between E Street and F
Street
41. (BP-2)F Street sidewalk/bike
lane improvements from I-5 to
Fourth Avenue
42. (BP-3)Industrial Boulevard
improvements and bike lanes
from L Street to Main Street
43. (BP-9)Bayshore Bikeway(bike
path)
Other Roadways
44. (OR-2)Second Avenue/D Street
all-way stop installation
45. (OR-4)Traffic Management
Center
(Ord.3327§ 1,2014;Ord.3110§2,2008;Ord.3109§2,2008;Ord.3108§2,2008;Ord.3107§2,2008;Ord.
3106§2,2008).
3.55.035 Public transportation facilities to be financed by the BFDIF.
A.The public transportation facilities(facilities)which are the subject matter of the BFDIF are listed below as
detailed in subsection(C)of this section.
B.The City Council may modify or amend the list of projects in order to maintain compliance with the Circulation
Element of the City's General Plan.
C.The facilities are as follows:
Interstate 5 Improvements
1. (1-5-1)1-5/E Street NB off-ramp
restriping,add lane
2. (1-5-2)I-5/E Street/Bay
Boulevard SB off-ramp
restriping,add lane
3. (1-54)E Street bridge widening
over 1-5(250'X 20')
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 6/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
4. (I-5-5)F Street bridge widening
over I-5(250'X 20')
5. (1-5-6)I-5/1-1 Street NB off-ramp
restriping,add lane
6. (I-5-7)1-5/1-1 Street SB off-ramp
restriping,add lane
7. (1-5-8)H Street bridge widening
over 1-5(200'X 40')
8. (1-5-9)I-5/J Street NB off-ramp
restriping,add lane
9. (1-5-11)L Street bridge
widening over 1-5(S/W for peds
300'X IT)
10. (1-5-12)I-5/Bay Blvd.(south of
L Street)SB on-/off-ramps
traffic signal
11. (I-5-13)1-5/Industrial Blvd.NB
on-/off-ramps traffic signal
12. (I-5-14)I-5/Palomar Street
bridge widening(275 if X 50 If)
13.. (I-5-16)I-5/Main Street bridge
widening(275 If X 201f)
14. (I-5-17)1-5 HOV add managed
lanes from SR 905 to SR 54
(50%in CV)
Regional Arterial System(RAS)Projects
15. (RAS-5)E Street LRT grade
separation(underpass LRT
option)
16. (RAS-6)H Street LRT grade
separation(underpass LRT
option)
17. (RAS-9)H Street widening to 6
lanes from 1-5 to Broadway
Bicycle and Pedestrian Facilities Improvements(21%WTDIF
share per GPU)
18. (BP-1)Bayshore Bikeway(bike
path)between E Street and F
Street
19. (BP-9)Bayshore Bikeway(bike
path)between F Street and H
Street
20. (BAY-15)Lagoon Drive(950 If)
bike and pedestrian trail
21. (BAY-27)Bayshore Bikeway
Bayfront Loop(14,400 If)
Bayfront Roadways—RAS
22. (BAY-13)E Street extension
Bay Blvd.to H Street(52'X
5,450')
23. (BAY-17)H Street from E
Street to Marina Pkwy.(52'X
1,650')(BAY-6)
24. (BAY-18)Marina Pkwy.2-lane
from H Street to C Street(52'X
1,100')(GP-2)(BAY-8)
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 7/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
25. (BAY-20)Marina Pkwy.2-lane
from J Street to C Street(52'X
1,450')(GP-2)(BAY-8)
26. (BAY-9)1-5/J Street NB
on-ramp add EB-LT and
WB-RT lanes(also 1-5-10)
27. (BAY-22)J Street from Marina
Pkwy.to Bay Blvd.(1,650 If)
(GP-8)(BAY-10)
28. (BAY-29)Pump station and
sewer relocation costs(Marina
Pkwy.and J Street)
Bayfront Roadways—Non-RAS
29. (BAY-14)F Street from Bay
Blvd.to west cul-de-sac(1,863
10
30. (BAY-19)"Street A"from H
Street to C Street(74'X 1,150')
(BAY-11)
31. (BAY-21)"Street A"from C St.
to J St.(1400 10(BAY-I 1)
32. (BAY-25)"Street A"—South of
J Street to Street"B"
33. (BAY-23)"Street C"—Marina
Pkwy.to Bay Blvd.(2,600 If)
34. (BAY-16)G Street(300 10
35. (BAY-26)"Street B"—"A
Street'to Bay Blvd.(2,600 10
36. (BAY-24)Marina Way(1,100
10
37. (BAY-28)Traffic Signals
(seven)
38. (BAY-16)G Street(300 10
(Ord.3327§ 1,2014).
3.55.040 Territory to which fee applicable.
The areas of the City of Chula Vista to which the fees herein amended and established shall be applicable are as
follows: the WTDIF shall apply to the territorial limits of the Western Area and the BFDIF shall apply to the
Bayfront Area as such areas are defined above,or as they may be amended from time to time. (Ord. 3327 § 1,2014;
Ord. 3110§ 2,2008; Ord. 3109 § 2,2008;Ord. 3108 § 2,2008; Ord. 3107 § 2,2008;Ord. 3106 § 2,2008).
3.55.050 Establishment of a western and a Bayfront development impact fee.
Development impact fees(fees)are hereby established to pay for the facilities within the territories.The fees shall
be paid upon the issuance of building permits for each development project within the Westem Area and the
Bayfront Area. The WTDIF and the BFDIF fees in the amounts set forth in CVMC 3.55.090 are hereby established
to pay for transportation improvements and facilities within the Western and Bayfront Areas. (Ord. 3327 § 1,2014;
Ord. 3110 § 2,2008;Ord.3109 § 2,2008;Ord. 3108 § 2,2008; Ord.3107 § 2,2008; Ord.3106 § 2,2008).
3.55.060 Determination of fees by land use category.
A.For purposes of these fees, single-family dwelling units shall include single-family detached homes and detached
condominiums;multifamily dwelling units shall include attached condominiums,townhouses,duplexes,triplexes,
and apartments.The density of the development type shall be based on the number of dwelling units per gross acre
for single-family or multifamily residential and shall be based upon the densities identified on the approved tentative
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 8/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
map or approved tentative parcel map entitling the development unless otherwise approved in writing by the City
Manager's designee.
B. Commercial/office and industrial development projects shall be charged on a per acre or per square footage basis.
For purposes of this fee,"gross acreage and/or square footage"as it applies to the commercial,industrial and office
development types means all land area that the City Manager's designee deems necessary within the boundary of the
parcel or parcels of the development project for which building permits are being requested.
C.The fee multiplied by the total number of dwelling units, square footage or acres within a given development
project represents a developer's fair share("fair share")for that development project. (Ord. 3327 § 1,2014;Ord.
3110§ 2,2008; Ord. 3109 § 2,2008;Ord. 3108 §2,2008;Ord. 3107 § 2,2008;Ord. 3106 § 2,2008).
3.55.070 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 was granted or applied for,or when the building
permit plan check was conducted,or when application was made for the building permit.No building permit shall
be issued unless the development impact fee is paid.The City Council finds that collection of the fees established by
this chapter at the time of the building permit is necessary to ensure that funds will be available for the construction
of facilities concurrent with the need for those facilities and to ensure certainty in the capital facilities budgeting for
the western part of the City. (Ord. 3327§ 1,2014;Ord.3110 § 2,2008;Ord. 3109 § 2,.2008;Ord. 3108 § 2,2008;
Ord. 3107 § 2,2008;Ord. 3106 § 2,2008).
3.55.080 Purpose and use of fee.
The fees collected shall be used by the City for the following purposes as determined by the City Council:
A.To pay for the construction of facilities by the City,or to reimburse the City for facilities installed by the City
with funds from other sources.
B.To reimburse developers who have been required by CVMC 3.55.150(A)to install improvements that are major
streets and are listed in CVMC 3.55.030 or 3.55.035.
C.To reimburse developers who have been permitted to install improvements pursuant to CVMC 3.55.150(B). (Ord.
3327 § 1,2014;Ord. 3110§ 2,2008; Ord.3109 § 2,2008;Ord. 3108 § 2,2008;Ord.3107 § 2,2008; Ord. 3106 § 2,
2008).
3.55.090 Amount of fees.
A. The fees shall be the amounts as set forth below in Table 1.The amount of a fee shall be adjusted on October 1,
2015,and on each October 1st thereafter.The annual inflation adjustment will be based on the one-year change
(from July to July)in the Caltrans Highway Construction Cost Index or the Los Angeles Construction Cost Index as
published by the Engineering News Record(ENR),or an increase of at least two percent. The program collects two
percent of the total hard project cost estimate for program administration.
B.Adjustments to the fees based upon the annual adjustment authorized in subsection(A)of this section shall be
automatic in accordance with annual action taken by the San Diego Association of Governments(SANDAG)Board
of Directors and shall not require further action by the City Council. The WTDIF and BFDIF may also be reviewed
and amended by the City Council as necessary based on changes in the type,size,location or cost of the facilities to
be fmanced by the fee;changes in land use designation in the City's General Plan; and upon other sound
engineering, financing and planning information.
Table 1
PROPOSED WTDIF/BFDIF FEE PER LAND USE CLASSIFICATION
Proposed TDIF Fee per EDU: $3,907 $9,442
Land Use Classification EDUs WTDIF Rate BFDIF Rate
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 9/14
Chapter 3.55 WESTERNi AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
Proposed TDIF Fee per EDU: $3,907 $9,442
Land Use Classification EDUs NVTDIF Rate BFDIF Rate
RESIDENTIAL
Residential(LOW) 0 to 6 dwelling units per acre 1 per EDU $3,907/DU $9,442/DU
Residential(MED) 6.1 to 20 dwelling units per acre 0.8 per EDU $3,125/DU $7,554/DU
Residential(HIGH) Over 20 dwelling units per acre 0.6 per EDU $2,344/DU $5,665/DU
Mobile Home 0.5 per EDU $1,953/DU $4,721/DU
COMMERCIAL
Regional Commercial Contain I–5 major dept.stores
and usually have more than 50 20 EDU/Acre $78,140/Acre $188,840/Acre
tenants.Typically larger than 40
acres.
Community Commercial Smaller in that size than
regional.Contain junior dept.
store or variety store,(i.e.,
Target Center with other 28 EDU/Acre $109,396/Acre $264,376/Acre
commercial stores)as a major
tenant and have 15 to 50 other
tenants.Smaller in size,8–20
acres.
Neighborhood Commercial Less than 10 acres.Includes
supermarket and drug store.May 48 EDU/Acre $187,536/Acre $453,216/Acre
include office spaces.
Neighborhood Commercial Same as above but in square 4.8 EDU/KSF $18,753/KSF $45,322/KSF
footage.
Street Front Commercial Commercial activities found
along major streets,not in a 16 EDU/Acre $62,512/Acre $151,072/Acre
planned center with limited
on-site parking.
Retail Commercial Specialty retail/strip commercial. 16 EDU/Acre $62,512/Acre $151,072/Acre
Wholesale Trade Usually located near
transportation facilities.
Structures are usually large and
cover majority of the parcel. 24 EDU/Acre $93,768/Acre $226,608/Acre
Examples are clothing and
supply;also includes swap meet
areas.
OFFICE
High Rise Office More than 100,000 S.F.and 6+ 60 EDU/Acre $234,420/Acre $566,520/Acre
stories
Low Rise Office <6 Stories 30 EDU/Acre $117,210/Acre $283,260/Acre
Low Rise Office(in thousands of <6 Stories 2 EDU/KSF $7,814/KSF $18,884/KSF
square feet)
Medical Office Medical and dental facilities 50 EDU/Acre $195,350/Acre $472,100/Acre
LODGING
Low Rise Hotel/Motel <4 Stories 20 EDU/Acre $78,140/Acre $188,840/Acre
Low Rise Hotel/Motel <4 Stories 1 EDU/Room $3,907/Room $9,442/Room
High Rise Hotel —4 Stories 30/EDU/Acre $117,210/Acre $283,260/Acre
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 10/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
Proposed TDIF Fee per EDU: $3,907 $9,442
Land Use Classification EDUs WTDIF Rate BFDIF Rate
INDUSTRY
Heavy Industry Shipbuilding,airframe,and
aircraft manufacturing.Usually
located next to transportation 12 EDU/Acre $46,884/Acre $113,304/Acre
facilities and commercial areas.
Parcels are typically 20—50
acres.
Warehouse/Storage Usually large buildings located
near freeways,industrial or strip 6 EDU/Acre $23,442/Acre $56,652/Acre
commercial areas.
Industrial Park Office/industrial uses clustered
into a center.The primary uses
are industrial but may include 9 EDU/Acre $35,163/Acre $84,978/Acre
high percentages of other uses in
service or retail activities.
Light Industrial All other industrial uses and
manufacturing not included in 20 EDU/Acre $78,140/Acre $188,840/Acre
categories above.
(Ord.3327§ I,2014;Ord.3246§ 1,2012;Ord.3214§ 1,2011;Ord.3110§2,2008;Ord.3109§2,2008;Ord.
3108§2,2008;Ord.3107§2,2008;Ord.3106§2,2008).
3.55.100 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(nonprofit 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 nonprofit 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 nonprofit 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.
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. (Ord. 3327 § 1,2014;Ord. 3110 § 2,2008; Ord.3109 § 2,2008;Ord.3108 § 2,
2008; Ord. 3107 § 2,2008;Ord. 3106 § 2,2008).
3.55.110 Authority for accounting and expenditures.
A.The fees collected shall be deposited into a specific fund based on the area within which the development occurs.
Fees collected for development within the Western Area shall be deposited into a western transportation
development impact fee financing fund and fees collected from development within the Bayfront Area shall be
deposited in a Bayfront development impact fee financing fund(WTDIF and BFDIF fee funds,or funds),which
funds are hereby created.
B.The Director of Finance is authorized to establish two separate funds for the facilities identified in this chapter,to
establish accounts within the funds for the various improvements and facilities identified in this chapter,and to
periodically make expenditures from the funds only for the purposes set forth herein in accordance with the facilities
phasing plan or capital improvement plan adopted by the City Council. (Ord. 3327 § 1,2014;Ord. 3110 § 2,2008;
Ord. 3109 § 2,2008; Ord.3108 § 2,2008;Ord. 3107§ 2,2008;Ord. 3106 § 2,2008).
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 11/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
3.55.120 Findings.
The City Council finds that:
A. Collection of the fee established by this chapter at the time of the building permit issuance is necessary to provide
funds for the transportation facilities identified in CVMC 3.55.030 and 3.55.035 and to ensure certainty in the
capital facilities budgeting for growth-impacted public transportation facilities;and
B.The purpose of the fees hereby enacted prevents new development from reducing the quality and availability of
public transportation infrastructure facilities provided to residents of the City by requiring new development to
contribute to the cost of additional capital transportation infrastructure improvements needed to meet the growth
generated by such development; and
C.The revenue from the fees hereby enacted will be used to construct public facilities and infrastructure and pay for
other capital expenditures needed to serve new development as identified in the Engineer's Report dated February
2008,the 2014 WTDIF Nexus Study,the 2014 BFDIF Nexus Study and as provided by the San Diego Unified Port
District(collectively"Fee Studies");and
D.Based on analyses presented in the fee studies,there is a reasonable relationship between:
1.The use of the fees and the types of development projects on which they are imposed;
2.The need for facilities and the types of development projects on which the fees are imposed;and
3.The amount of the fee and the cost of the public facility or portion of the public facility attributable to the
development on which the fee is imposed. (Ord. 3327 § 1,2014; Ord. 3110§ 2,2008; Ord. 3109 § 2,2008;
Ord. 3108 § 2,2008; Ord.3107 § 2,2008;Ord. 3106 § 2,2008).
3.55.130 Fee additional to other fees and charges.
This fee 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. (Ord.
3327§ 1,2014;Ord. 3110§ 2,2008;Ord.3109 § 2,2008; Ord. 3108 § 2,2008;Ord.3107 § 2,2008; Ord. 3106§ 2,
2008).
3.55.150 Developer construction of transportation 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 the construction of a portion of a
transportation facility identified in CVMC 3.5 5.030 or 3.55.035,the City Council may impose an additional
requirement that the developer install the improvements with supplemental size, length or capacity in order to ensure
efficient and timely construction of the transportation facilities network.If such a requirement is imposed,the City
Council shall,in its discretion, enter into a reimbursement agreement with the developer,or give a credit against the
fee otherwise levied by this chapter on the development project,or some combination thereof.
B.Whenever a developer requests reimbursement,or a credit against fees,for work to be done or paid for by the
developer under subsection(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 estimate is preliminary and the amount 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;
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 12/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
ii. Secure and dedicate any right-of-way required for the transportation facility 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 for 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 clearly 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 the conditions set forth in subsections(13)(1)and(13)(2)(a)of this section 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 subsection(13)(2)(c)of this section,entered into binding contracts for the construction
of the project,and met the conditions set forth in subsections(13)(1)and(13)(2)(a)of this section 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 these 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 project to the City.The City
Manager's designee shall make the final determination on expenditures which are eligible for credit or
cash reimbursement.
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 subsection(B)of this section,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 amount 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
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 13/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
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.
i. 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.
j.The requirements of this subsection(B)may, in the City's discretion,be modified through an agreement
between the developer and the City and approved by City Council.
C. Whenever a transportation development impact fee credit is generated by constructing a transportation facility
using assessment district or community facilities district financing,the credit shall only be applied to the
transportation development impact fee obligations within that district. (Ord. 3327 § 1,2014;Ord. 3110 § 2,2008;
Ord. 3109 § 2,2008;Ord. 3108 § 2,2008;Ord. 3107 § 2,2008; Ord.3106 § 2,2008).
3.55.160 Procedure for fee waiver or reduction.
A. Any developer who,because of the nature or type of uses proposed for a development project,contends that
application of the fee imposed by this chapter is unconstitutional,or unrelated to mitigation of the traffic needs or
burdens of the development,may apply to the City Council for a waiver,reduction,or deferral of the fee. A
development which is designed and intended as a temporary use(10 years or less)and which is conducted in
facilities which are,by their nature,short-term interim facilities such as a portable or modular building(including
mobile homes,trailers,etc.)may qualify for a waiver,reduction,or deferral. In addition,a deferral may be granted
on the basis of demonstrated economic hardship on the condition that: (1)the use offers a significant public benefit;
(2)the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a
cash payment;and(3)the amount deferred is adequately secured by agreement with the applicant.Unless the
requirement for timely filing is waived by the City,the application shall be made in writing and filed with the City
Clerk not later than 10 days after notice of the public hearing on the development permit application or 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 waiver or reduction.
B.The City Council shall consider the application at a public hearing on same,notice of which need not be
published other than by description on the agenda of the meeting at which the public hearing is held. Said public
hearing should be held within 60 days after its filing.The decision of the City Council shall be final.If a deferral,
reduction or waiver is granted, it should be granted pursuant to an agreement with the applicant and the property
owner,if different from the applicant,providing that any change in use within the project shall subject the
development to payment of the full fee.The procedure provided by this section is additional to any other procedure
authorized by law for protesting or challenging the fee imposed by this chapter. (Ord.3327 § 1,2014;Ord. 3110 § 2,
2008;Ord. 3109 § 2,2008;Ord. 3108 § 2,2008;Ord.3107 § 2,2008;Ord.3106 § 2,2008)..
3.55.170 Assessment districts.
If any assessment or special taxing district is established for any or all of the facilities listed in CVMC 3.55.030 or
3.55.035,the owner or developer of a project may apply to the City Council for a credit against the fee in an amount
equal to the development's attributable portion of the cost of the authorized improvements as determined by the City
Manager's designee,plus incidental costs normally occurring with a construction project,but excluding costs
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 14/14
Chapter 3.55 WESTERN AND BAYFRONT
TRANSPORTATION DEVELOPMENT IMPACT FEES
associated with assessment district proceedings or fmancing. (Ord. 3327 § 1,2014;Ord. 3110 § 2,2008;Ord. 3109
§ 2,2008;Ord. 3108 § 2,2008;Ord. 3107 § 2,2008;Ord. 3106 § 2,2008).
3.55.180 Economic incentive credit.
The City Council may authorize the City to participate in the financing of transportation facility projects or portions
of transportation facility projects as defined in CVMC 3.55.030 or 3.55.035 at the time of the appropriation of funds
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 City may receive economic incentive credit only for those eligible projects identified in CVMC 3.55.030 and
3.55.035 for amounts of funding not identified in the most recent engineering study. (Ord. 3327§ 1,2014;Ord.
3110§ 2,2008;Ord. 3109 § 2,2008;Ord. 3108 § 2,2008;Ord. 3107 § 2,2008;Ord. 3106 § 2,2008).
3.55.190 Fund loans.
A. Loans by the City. The City may loan funds to the funds to pay for facilities should the funds 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 or.upon resolution of the City Council 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.A developer may loan funds to the City as outlined in CVMC 3.55.150.The City may repay
said developer loans with interest,under the terms listed in subsection(A)of this section. (Ord. 3327 § 1,2014;Ord.
3110 § 2,2008;Ord. 3109 § 2,2008;Ord. 3108 §2,2008;Ord. 3107 § 2,2008;Ord. 3106 § 2,2008).
3.55.200 Effective date.
This chapter shall become effective January 31,2015. (Ord.3327 § 1,2014;Ord. 3110 § 2,2008;Ord.3109 §2,
2008;Ord. 3108 § 2,2008; Ord. 3107 § 2,2008;Ord. 3106 § 2,2008).
The Chula Vista Municipal Code is current through Ordinance 3433,passed July 24,2018.
Chula Vista Municipal Code Page 1/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
Chapter 3.54
TRAiNSPORTATION DEVELOPMENT IMPACT FEES
Sections:
3.54.010 General intent..
3.54.020 Definitions.
3.54.030 Transportation facilities to be financed by the fees.
3.54.040 Areas to which fees are applicable.
3.54.050 Establishment of fees.
3.54.060 Determination of fees by land use category.
3.54.070 Time to determine fee amount due.
3.54.080 Purpose and use of fees.
3.54.090 Amount of fees.
3.54.100 Development projects exempt from fees.
3.54.110 Authority for accounting and expenditures.
3.54.120 Findings.
3.54.130 Fees additional to other fees and charges.
3.54.140 Developer construction of transportation facilities.
3.54.145 Mandatory oversizing of facility—Duty to tender reimbursement offer.
3.54.150 Procedure for issuance of credits or tender of reimbursement offer.
3.54.155 Developer transfer of credits.
3.54.160 Procedure for fee modification or reduction.
3.54.170 Assessment and special tax districts.
3.54.180 Economic incentive credit.
3.54.190 Fund loans.
3.54.200 Effective date.
3.54.010 General intent.
The City's General Plan Land Use and Transportation element requires that adequate
Transportation Facilities be available to accommodate increased population created by new
development within the City of Chula Vista.
The City Council of the City of Chula Vista 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 Transportation Facilities that are the subject of this chapter. New
development contributes to the cumulative burden on Transportation Facilities in direct
relationship to the demand for service generated by the development.
The City Council of the City of Chula Vista has determined that a reasonable means of financing
the impacted Transportation Facilities is to charge a Fee on all developments in located within
the following subareas of the City of Chula Vista: the Eastern Area, the Western Area, and the
Bayfront Area. Imposition of the transportation development impact fees on all new
development for which building permits have not yet been issued is necessary.in order to protect
C:\Users\shereek\AppData\Roamine\L5\TemD\f936c52c-3986-4c79-8771-f562dfl21be2.doc:x':`"'infft
chapter 3.54_27: g'8 to edit.dBe i
Chula Vista Municipal Code Page 2/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
the public safety and welfare, thereby ensuring effective implementation of the City's General
Plan.
3.54.020 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. "Accessory Dwelling Unit"means a dwelling unit as defined in CVMC 19.58.022.
B. "Bayfront Area" generally means that area of the City of Chula Vista generally west of
Interstate 5 and between E Street and Naples Street as shown on the map entitled
"Attachment 1" of the Council agenda statement for the ordinance codified in this chapter, on
file in the office of the City Clerk.
C. "BFDIF"means the Bayfront Transportation Development Impact Fee.
D. "Building Permit" means a permit required by and issued pursuant to the Uniform Building
Code, as adopted by reference by this City.
E. "Developer"means the owner,or developer of a Development Project.
F. "Development Permit" means any discretionary permit, entitlement or approval for a
Development Project issued under any zoning or subdivision ordinance of the City.
G. "Development Project" or"Development"means any activity described as the following:
1. Any new residential dwelling unit, including any accessory dwelling unit, developed
on vacant land;
2. Any new residential dwelling unit, including any accessory dwelling unit, developed
on nonvacant land, if the result is a net increase in demand for service. The fees shall
be based solely on the net increase in service demand;
3. Any physical conversion of an existing residential structure to create an accessory
dwelling unit, for which a Building Permit has been issued after September 25, 2018;
4. Any new non-residential Development constructed on vacant land;
5. Any expansion or intensification of non-residential Developments on nonvacant land,
if the result is a net increase in demand for service. The fees shall be based solely on
the net increase in service demand.
H. "Eastern Area" generally means that area of the City of Chula Vista located between
Interstate 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 as shown on the
Chula Vista Municipal Code Page 3/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
map entitled "Attachment 1" of the Council agenda statement for the ordinance codified in
this chapter, on file in the office of the City Clerk.
I. "Engineer's Reports" mean 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; the study prepared by Willdan ("Eastern Area Development Impact Fees
for Streets" dated July 2002); the study prepared by City staff("Eastern Area Transportation
Development Impact Fees" dated March 2005.); and the study prepared by City staff
("Eastern Area Development Impact Fees" dated September 2014), which are on file in the
office of the City Clerk. "Engineer's Report's" also mean the Engineer's Report for the
Western Transportation Development Impact Fee prepared by City staff, dated February
2008; and the "Western Transportation Development Impact Fee Nexus Study Update" dated
October 2014, and the "Bayfront Transportation Development Impact Fee Nexus Study"
dated October 2014, both prepared by City staff on file in the office of the City Clerk.
J. "ETDIF"means the Eastern Transportation Development Impact Fee.
K. "Fees" means the Transportation Development Impact Fees established pursuant to CVMC
3.54.050 and assessed in accordance with the Mitigation Fee Act (Government Code
§§66000-66025), as described in relevant Engineer's Reports on all Development Projects
located within the Eastern Area, the Western Area, and the Bayfront Area.
L. "Fee Credit" means credits that Developers may receive for costs they incur designing and
constructing the Transportation Facilities in accordance with CVMC 3.54.150.
M. "Nonprofit Community Purpose Facility" means a facility that is not operated for profit and
that serves one of the following purposes:
1. Social and human service activities, including such services as Boy Scouts and Girl
Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the homeless;
2. Public schools (primary and secondary only);
3. Private schools (primary and secondary only);
4. Day care;
5. Senior care and recreation;
6. Worship, spiritual growth, and development.
Chula Vista Municipal Code Page 4/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
N. "Published traffic generation rates" means rates used to calculate traffic generation that are
prepared and disseminated by local agencies, regional entities (such as Metropolitan Planning
Organizations), and professional societies with expertise in the development of traffic
generation rates.
O. "TDIF"means Transportation Development Impact Fee.
P. "Transportation Facility" means the project or portion of a project which involves the
specified improvements authorized by CVMC 3.54.030.
Q. "Western Area" generally means that area of the City of Chula Vista located between
Interstate 5 on the west, Interstate 805 on the east, the city boundary on the north and the City
boundary on the south, also including the area to the north of E Street, south of Naples Street
and to the west of Interstate 5, as shown on the map entitled "Attachment I" of the Council
agenda statement for the ordinance codified in this chapter, on file in the office of the City
Clerk.
R. "WTDIF"means Western Transportation Development Impact Fee.
3.54.030 Transportation facilities to be financed by the fees.
A. The Transportation Facilities which are the subject matter of the ETDIF, WTDIF, and
BFDIF, include (but are not limited to) Freeways, Expressways, Prime Arterials, Major
Streets, Collectors, Town Center Arterials, Gateway Streets, Urban Arterials, Commercial
Boulevards, Downtown Promenades, traffic signals, bicycle and pedestrian facilities, and
capacity-enhancing transportation management technologies and associated capital
expenditures, as detailed in the Engineer's Reports on file in the office of the City Clerk. The
Transportation Facilities also include related one-time start-up costs or portions thereof.
B. The City Council of the City of Chula Vista may modify or amend the lists of Transportation
Facilities by resolution in order to maintain compliance with the City's General Plan or the
capital improvement program.
C. The Transportation Facilities are those listed in the Engineer's Reports, included by
reference.
3.54.040 Areas to which fees.are applicable.
The areas of the City of Chula Vista to which the fees herein established shall be applicable shall
be the Eastern Area, the Western Area, and the Bayfront Area, as they may from time to time be
amended by ordinance of the City Council.
3.54.050 Establishment of fees.
A. Development impact fees in the amounts set forth in CVMC 3.54.090 are hereby established
to pay for the Transportation Facilities within the Eastern Area, the Western Area, and the
Bayfront Area. The Fees shall be paid no earlier than upon the issuance of Building Permits
and no later than Final Inspection or Certificate of Occupancy for each Development Project
within the City of Chula Vista.
Chula Vista Municipal Code Page 5/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
B. Notwithstanding CVMC 3.54.050(A) above, the City Manager, in his/her sole discretion,
may require payment of the Fees in advance of Final Inspection or Certificate of Occupancy
upon the occurrence of any of the following events:
1. The change of ownership of the Development, or any portion or portions thereof,
2. Upon the Finance Director's determination that the Fees are necessary based on the
adopted facilities program in accordance with California Government Code Section
66007(b)(1);
3. Upon a determination by the Finance Director that there exists a risk associated with the
collection of the Fees at a date later than permit issuance.
In no instance shall the Fees be paid earlier than Building Permit issuance.
3.54.060 Determination of fees by land use category.
The Fees shall be determined based on the average daily traffic generation of the Development
Project. The City Manager or designee shall calculate the traffic generation of the Development
Project using published traffic generation rates, traffic generation studies, traffic count data,
traffic impact studies, other relevant data and analysis, and/or engineering judgment.
For purposes of the Fees, single-family dwelling units shall include single-family detached
homes and detached condominiums; multi-family dwelling units shall include attached
condominiums, townhouses, duplexes, triplexes, accessory dwelling units, and apartments. The
traffic generation for residential land uses shall be calculated based on the number of dwelling
units proposed in the Development Project.
The traffic generation for non-residential land uses shall be calculated using various measures of
development intensity as described in published traffic generation rates. For these uses, rates
based on the square footage of the Development Project will in most cases be selected over rates
based on gross acreage, as determined by the City Manager or designee. As it applies to non-
residential land uses, gross acreage means all land area that the City Manager's designee deems
necessary within the boundary of the parcel or parcels of the Development Project for which
building permits are being requested.
In the ETDIF, the traffic generation rates for commercial retail land uses shall be reduced by
72% to recognize the capture of locally-generated residential traffic as documented in "Eastern
Area Transportation Development Impact Fees" Engineer's Report, dated March 2005.
3.54.070 Time to determine amount due.
The Fees for each Development shall be calculated based on the rates in effect at the time of
payment.
Chula Vista Municipal Code Page 6/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
3.54.080 Purpose and use of fees.
The Fees collected shall be used by the City for the following purposes, in such order and at such
time as determined by the City Council:
A. To pay for such of the Transportation Facilities that the City Council determines should be
constructed, installed or purchased at that time, or to reimburse the City for Transportation
Facilities funded by the City from other sources.
B. To reimburse Developers who have been required or permitted by CVMC 3.54.140 to
construct, install or purchase approved Transportation Facilities identified in the Engineer's
Reports, in such amounts as the City Council deems appropriate.
C. To pay for costs associated with administration of the Fees.
3.54.090 Amount of the fees.
A. The Fees shall be the amounts set forth in subsection (B) of this section.
The ETDIF shall 'be adjusted, starting on October 1, 2018, and on each October 1st
thereafter, based on the one-year change (July to July) in the Engineering News Record,
Construction Cost Index for the Los Angeles Region. Adjustments of the Fees based upon
annual changes to the applicable index shall be automatic and shall not require further action
by the City Council.
The BFDIF and WTDIF shall be adjusted on October 1, 2018,' and on each October 1st
thereafter. The annual inflation adjustment will be based on the one-year change (from July
to July) in the Caltrans Highway Construction Cost Index or the Los Angeles Construction
Cost Index as published by the Engineering News Record (ENR), or an increase of at least
two percent. The program collects two percent of the total hard project cost estimate for
program administration. Adjustments to BFDIF and WTDIF authorized in this section shall
also be automatic in accordance with annual action taken by the San Diego Association of
Governments (SANDAG) Board of Directors and shall not require further action by the City
Council.
The Fees may also be reviewed and amended by the City Council as necessary based on
changes in the type, size, location or cost of the Transportation Facilities to be financed by
the Fees; changes in land use designation in the City's General Plan; and upon other sound
engineering, financing, and planning information.
B. The Fees as of October 1, 2017 are as follows:
BFDIF: $1,029.70 per average daily trip
ETDIF: $1,412.60 per average daily trip
WTDIF: $426.00 per average daily trip
C. Developer shall pay an Administrative Fee in.cash concurrent with the Fees pursuant to
CVMC 3.54.090(B) to fund staff activities related to administering the Fee.
Chula Vista Municipal Code Page 7/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
3.54.100 Development projects exempt from the fees.
A. Development Projects by public agencies shall be exempt from the provisions of the Fees if
those projects are designed to provide the public service for which the agency ,is charged
("Public Purpose").
B. Nonprofit 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 Fees. The City Council hereby determines that it is appropriate to spread
any impact such Nonprofit Community Purpose Facilities might have to the other land use
categories subject to the Fees. In the event that a court determines that the exemption herein
extended to Nonprofit Community Purpose Facilities shall for any reason be invalid, the City
Council hereby allocates the Nonprofit 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.
C. Development Projects that are additions or expansions to existing dwelling units or
businesses shall be exempt if the addition or expansion does not result in a net increase in
dwelling units or non-residential intensity. The Fees shall be assessed on any net additional
dwelling units or non-residential intensity. Any net reduction in dwelling units or non-
residential intensity shall not be entitled to a refund.
3.54.110 Authority for accounting and expenditures.
All funds collected shall be deposited into specific funds based on the Area within which the
Development occurs.- Fees collected for the ETDIF shall be deposited into an Eastern
Transportation Development Impact Fee Fund, Fees collected for the WTDIF shall be deposited
into a Western Transportation Development Impact Fee Fund, and Fees collected for the BFDIF
shall be deposited into a Bayfront Transportation Development Impact Fee Fund (collectively,
the "Transportation Development Impact Fee Funds") as established by the Director of Finance
and shall only be expended for the purposes identified herein.
3.54.120 Findings.
The City Council finds that collection of the Fees established by this chapter is necessary to
provide funds for the Transportation Facilities and to ensure certainty in the capital facilities
budgeting for growth-impacted public transportation facilities.
3.54.130 Fees additional to other fees and charges.
The Fees are 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 Development Projects.
3.54.140 Deyeloper construction of transportation facilities.
Developer may construct or finance a Transportation Facility in accordance with the following:
Chula Vista Municipal Code Page 8/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
A. Any Developer of a Development Project required by application of City ordinance,
regulation, or policy, as a condition of approval of a Development Permit to construct or
finance a Transportation Facility, or any Developer that proposes to design and construct a
Transportation Facility in conjunction with the prosecution of a Development Project shall
follow the procedure for doing same as set forth in this chapter and CVMC 2.56.160(H).
B. Unless otherwise stated herein, all Fee Credits shall be calculated on a dollar basis to be
applied toward payment of the assessed Fee at the time Fees are due, based on the then-
current Fee rate.
C. Fee Credits earned by constructing or financing Transportation Facilities financed by the Fee
may only be tendered for payment of the Fee for a Development within the area to which the
Fee is applicable. Fee Credits are not fungible as payment toward a different development
impact fee in the City than the Fee in which Fee Credit was earned.
D. The requirements of CVMC 3.54.1.45, 3.54.150, and 3.54.155 may, in the City's discretion,
be modified through an agreement between the Developer and the City, as approved by
Resolution of the City Council.
3.54.145 Mandatory oversizing of facility—Duty to tender reimbursement offer.
Whenever a Developer of a Development Project is required as a condition of approval of a
Development Permit to cause a Transportation Facility to be built to accommodate the demands
created by the Development Project, the City may require the Developer to install, purchase, or
construct the Transportation Facility according to design specifications approved by the City,
that being with such supplemental size or capacity required by the City ("Oversized Capacity
Requirement"). If such an Oversized Capacity Requirement is imposed,'the City shall tender to
the Developer a reimbursement agreement for City-approved costs associated with the Oversized
Capacity Requirement, to be paid in cash when funds are available, as determined by the City
Manager. The City may, in its discretion, enter into an agreement with the Developer to issue
Fee Credits in-lieu of a reimbursement agreement for costs associated with the Oversized
Capacity Requirement, or some combination thereof.
3.54.150 Procedure for issuance of credits or tender of reimbursement offer.
The City's extension of Fee Credits or tender of a reimbursement offer to a Developer pursuant
to CVMC 3.54.140 and 3.54.145 shall be conditioned on the Developer complying with the
following terms and conditions of this section:
A. Developer shall comply with the procedures described in CVMC 2.56.160(H), except that
City Council approval to proceed shall not be required for Developer constructed
Transportation Facilities to be constructed for Fee Credit.
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. In addition to the
requirements identified in CVMC 2.56.160(H), Developer shall perform the following:
1. Developer shall prepare plans and specifications for approval by the City;
Chula Vista Municipal Code Page 9/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
2. Developer shall secure and dedicate any right-of-way required for the Transportation
Facility;
3. Developer shall secure all required permits and environmental clearances necessary for
construction of the Transportation Facility;
4. Developer shall provide a detailed cost estimate that itemizes those costs of the
construction attributable to the Transportation Facility and excludes any work attributable
to a specific subdivision project. The estimate shall be preliminary and the final amount
of reimbursement or Fee Credit shall be subject to final determination by the City
Manager or designee upon completion of the Transportation Facility;
5. 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 estimated cost of the
Transportation Facility, pursuant to subsection 4 above);
6. Developer shall pay all City fees and costs;
7. 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 Transportation Facility;
8. The City shall not be responsible for any of the costs of constructing the Transportation
Facility. The Developer shall advance all necessary funds to construct the Transportation
Facility;
9. Developer shall be entitled to immediate Fee Credit equal to fifty (50) percent of the
estimated cost of the Transportation Facility upon City acceptance of the estimate
provided pursuant to subsection 4 above and the provision of performance bonds
pursuant to subsection 5 above;
10. Following receipt of valid bids for the Transportation Facility which comply with all
applicable requirements, entering into binding contracts for the construction of the
Transportation Facility, and meeting all requirements and conditions set forth above, as
approved by the City Manager or designee, the Developer shall be entitled to additional
Fee Credits, increasing the cumulative immediate Fee Credit award to seventy-five (75)
percent of the bid amount attributable to the Transportation Facility, thereby retaining
twenty-five (25) percent of such Fee Credits until issuance by the City of a final
expenditure determination;
11. 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
Chula Vista Municipal Code Page 10/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
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;
12. When all Transportation Facility construction work has been completed to the
satisfaction of the City Manager or designee, Developer shall submit to the City
verification of payments made for the construction of the Transportation Facility. City
Manager or designee shall make the final determination of which expenditures are
eligible for Fee Credit or reimbursement. The Developer shall receive additional Fee
Credit in an amount equal to the difference between the final expenditure determination
and the seventy-five (75) percent immediate Fee Credit issued pursuant to subsection 10
above. If the amount of the final Fee Credit award is less than the deferred obligation
pursuant to Subsection 11 above, then the Developer shall have thirty (30) calendar days
to pay the deferred fee. If the deferred fees are not paid within this period, the City may
make a demand against the liquid security and apply the proceeds to the fee obligation.
3.54.155 Developer transfer of credits.
A Developer who, in accordance. with the provisions of CVMC 3.54.140, 3.54.145, and
3.54.150, receives Fee Credits against future payments of the Fee may transfer those Fee Credits
as provided herein to another Developer ("Credit Transfer"). If the Developer complies with all
conditions of this section, the City shall permit and execute the Credit Transfer. Fee Credits
associated with facilities acquired or financed by assessment districts or special tax districts are
not eligible for Credit Transfer'beyond the boundaries of said district(s).
A. The Developer shall provide the City with written request for Credit Transfer no later than
three (3) business days prior to the desired effective date of the Credit Transfer. The request
shall provide the following information:
1. The name of the Developer receiving the Credit Transfer;
2. The dollar value of the transferred Fee Credits; and
3. The Fee against which the Fee Credits will be applied.
B. Credit Transfers must abide by the limitations described in CVMC 3.54.140(C).
3.54.160 Procedure for fee modification or reduction.
A. 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 impacts of the Development may apply to the City Manager, in writing, for a
modification or reduction of the Fee. The application shall state in detail the factual basis for
the claim of modification or reduction. The City Manager shall issue a decision within ten
(10) business days of receipt of the application for Fee modification or reduction. The
decision of the City Manager may be appealed to the City Council. Unless the requirement
for timely filing is waived by the City, the appeal shall be made in writing and filed with the
City Clerk not later than ten(10) business days after issuance of the City Manager's decision.
Chula Vista Municipal Code Page 11/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
The appeal shall state in detail the factual basis for the claim of modification or reduction.
The City Council shall consider the application at a public hearing on same, notice of which
need not be published other than by description on the agenda of the,meeting at which the
public hearing is held. The City Council shall make reasonable efforts to hold the public
hearing within sixty (60) days of the filing of the appeal. The decision of the City Council
shall be final. If a reduction or modification is granted, any change in use within the
Development Project shall subject the Developer to payment of the Fee for the new use. The
procedure provided by this section is additional to any other procedure authorized by law for
protesting or challenging the Fee imposed by this chapter.
B. A Development Project which is designated and intended as a temporary use (10 years or
less) and which is conducted in facilities which are, by their nature, short-term interim
facilities such as a portable or modular building (including mobile homes, trailers, etc.) may
qualify for a waiver or reduction, as determined by the City Manager or designee. The City
Manager or designee's determination may be appealed to the City Council pursuant to
subsection A above.
C. A deferral of the Fee may be granted on the basis of Developer's demonstrated economic
hardship as determined at the sole discretion of the City Manager or designee, on the
condition that the amount deferred bears interest at a fair market rate so as to constitute an
approximate value equivalent to a cash payment and that the amount deferred is adequately
secured by agreement with the applicant, the terms of which shall be subject to approval of
the City Attorney and the City Manager.
D. A deferral of the Fee may be granted on the basis that the Development Project offers a
significant public benefit as determined at the sole discretion of the City Manager or
designee, on the condition that the amount deferred bears interest at a fair market rate so as
to constitute an approximate value equivalent to a cash payment and that the amount deferred
is adequately secured by agreement with the applicant, the terms of which shall be subject to
approval of the City Attorney and the City Manager.
E. At a minimum, deferral agreements pursuant to CVMC 3.54.160(C) and 3.54.160(D) shall
require the following:
1. The Fee obligation be secured through a promissory note and a recorded lien, deed of
trust, or other security instrument acceptable to the City Manager or designee in real
property of at least equivalent value to the Fees due pursuant to CVMC 3.54.090, to be
located within the City of Chula Vista.
2. The outstanding deferred balance shall become due and payable if the Developer
transfers the Development Project property to any other party without the reasonable
advance approval of the City Manager or designee and the acceptance of the other party
of the obligation to pay the outstanding balance of the deferred fees as provided herein,
including, without limitation, the provision of appropriate security acceptable by the City
Manager or designee.
Chula Vista Municipal Code Page 12/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
F. Any Developer who proposes the construction of a new hotel/motel, which does not
otherwise receive an economic subsidy from the City, may apply to the City for a deferral
and/or reduction of the Fee based on the nature of hotel/motel.
1. A deferral pursuant to this section may be granted for a period of up to four (4) years
from the Certificate of Occupancy for the Development Project. The deferral period shall
begin upon the issuance of a temporary Certificate of Occupancy, as applicable. The
total amount deferred shall be secured through an agreement between the City and the
developer, the terms of which shall be subject to approval of the City Attorney and the
City Manager. At a minimum, the agreement shall require the following:
i. The Fee obligation be secured through a promissory note and a
recorded lien, deed of trust, or other security instrument acceptable to
the City Manager or designee in real property of at least equivalent
value to the Fees due pursuant to CVMC 3.54.090, to be located
within the City of Chula Vista.
ii. Any sale or transfer of the hotel/motel property shall require the new
owner to assume all obligations of the transferring party, including full
responsibility for the outstanding deferred balance. The City of Chula
Vista shall be provided with notice of the transfer and documentation
satisfactory to the City Manager or designee demonstrating that the
new owner has fully assumed all obligations of the transferring party.
Failure to provide such notice and documentation shall cause the
outstanding deferred balance to become due and payable.
iii. The City's final determination of the Fees to be imposed on the
hotel/motel will be based on a traffic study to be paid for by the
developer and prepared and submitted for approval by the City's
Director of Development Services within the fourth year of operation
of the fully developed hotel/motel. The Fees shall be assessed based
upon the rates in effect at the time of payment. Should the developer
fail to submit such traffic study and obtain the City's approval thereof
prior to the expiration of the deferral period, the entire Fee imposed
pursuant to this chapter shall be immediately due and payable.
3.54.170 Assessment and special tax districts.
A. If any assessment or special tax district is established for any or all of the Transportation
Facilities listed in Engineer's Reports, the Developer may apply to the City Council for a Fee
Credit in an amount equal to the Development's attributable_portion of the cost of the
authorized improvements associated with the Transportation Facility as determined by the
City Manager or designee, plus approved incidental costs normally occurring with a
construction project, but excluding costs associated with assessment district proceedings or
financing.
Chula Vista Municipal Code Page 13/13
Chapter 3.54 TRANSPORTATION DEVELOPMENT
IMPACT FEES
B. Whenever a Fee Credit is generated by constructing a Transportation Facility using
assessment district or special tax district financing, the credit shall only be applied to the Fee
obligations within that district.
3.54.180 Economic incentive credit.
The City Council may authorize the City to participate in the financing of Transportation
Facilities at the time of the appropriation of funds 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 Fee
obligations for those Development 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
subject Development Project and the City and approved by City Council.
The City shall only receive Economic Incentive Credit for Transportation Facility funding
provided in excess of the funding identified in the most recent Engineer's Reports.
3.54.190 Fund loans.
A. Loans by the City. The City may loan funds to the Transportation Development Impact Fee
Fund to pay for Transportation Facilities should the Transportation Development Impact Fee
Fund have insufficient funds to cover the cost of planned Transportation Facilities. Said
loans, if granted, shall be approved by resolution of the City Council and shall.carry interest
rates pursuant to City Council Policy 220-06 (Interfund Loan Policy) or such other Council
Policies as may be subsequently adopted.
B. Developer Loans. A Developer may loan funds to the City as outlined in CVMC 3.54.140
and 3.54.150. The City may repay said developer loans with interest, under the terms listed in
subsection (A) of this section.
3.54.200 Effective date.
This chapter shall become effective on October 25, 2018.