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HomeMy WebLinkAboutReso 2019-207RESOLUTION NO. 2019-207 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 478-01 (PARTICIPATION BY PRIVATE DEVELOPERS IN THE FINANCING AND/OR INSTALLATION OF TRAFFIC SIGNALS) AND CHAPTER 16 (DEVELOPMENT AND IN-LIEU FEES) OF THE CITY’S MASTER FEE SCHEDULE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, on August 18, 1978, the City Council adopted Council Policy 478-01 via Resolution No. 9221, establishing the Traffic Signal Fee to regulate the equitable contribution by private developers of residential, commercial and industrial uses in the financing and/or installation of traffic signals on public streets within the City; and WHEREAS, Senate Bill 13 (Accessory Dwelling Units) was signed into law on October 9, 2019; and WHEREAS, Senate Bill 13 prohibits the collection of development impact fees from Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) smaller than 750 square feet in size; and WHEREAS, Senate Bill 13 requires development impact fees collected from ADUs and JADUs of 750 square feet or larger be proportional to the primary residence on a square footage basis; and WHEREAS, pursuant to Chula Vista Municipal Code (CVMC) Section 19.58.023(A), JADUs may not exceed 500 square feet in size; and WHEREAS, the City Council did previously place an ordinance implementing the development impact fee related provisions of Senate Bill 13, with respect to the City’s Public Facilities Development Impact Fee Program, CVMC Chapter 3.50 on first reading; and WHEREAS, the City Council will consider an ordinance in conjunction with this agenda item implementing the development impact fee related provisions of Senate Bill 13, with respect to the City’s remaining development impact fee programs adopted by ordinance; and WHEREAS, the City Council desires to implement the development impact fee related provisions of Senate Bill 13, with respect to the Traffic Signal Fee program, as shown in Exhibit 1, attached hereto and incorporated by reference as if set forth in full; and WHEREAS, Chapter 16 (Development and In-Lieu Fees) of the City’s Master Fee Schedule provides a consolidated listing of all of the City’s development impact and in-lieu fee schedules, for ease of reference; and DocuSign Envelope ID: 8EE1A87A-DF5B-46E5-970D-C51F280D4EF3 Resolution No. 2019-207 Page No 2 WHEREAS, amendments to Chapter 16 to clarify the applicability of development impact and in-lieu fees to Accessory Dwelling Units and Junior Accessory Dwelling Units are recommended, as shown in Exhibit 2, attached hereto and incorporated by reference as if set forth in full; and WHEREAS, the proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend Council Policy 478-01 (Participation by Private Developers in the Financing and/or Installation of Traffic Signals), as set forth in Exhibit 1 to this Resolution. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend Chapter 16 (Development and In-Lieu Fees) of the City’s Master Fee Schedule as set forth in Exhibit 2 to this Resolution. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 8EE1A87A-DF5B-46E5-970D-C51F280D4EF3 Resolution No. 2019-207 Page No. 3 Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of November 2019 by the following vote: AYES: Councilmembers: Diaz, Galvez, McCann, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2019-207 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of November 2019. Executed this 5th day of November 2019. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 8EE1A87A-DF5B-46E5-970D-C51F280D4EF3