HomeMy WebLinkAboutReso 2020-199RESOLUTION NO. 2020-199
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TOLLING THE DEVELOPMENT IMPACT, IN-
LIEU, AND CAPACITY FEE AUTOMATIC ANNUAL
INFLATIONARY ADJUSTMENTS FOR 2020
WHEREAS, the City of Chula Vista requires the payment of various development impact,
in-lieu, and capacity fees in order to mitigate the impacts of development on public infrastructure;
and
WHEREAS, the majority of these fees are subject to an annual inflationary adjustment
based on established construction and consumer pricing indices, effective each October 1st; and
WHEREAS, in recognition of the significant and ongoing economic impacts of the
COVID-19 pandemic, staff recommends tolling the October 2020 automatic annual inflationary
adjustments; and
WHEREAS, the next automatic increase would occur in October 2021, as currently
authorized, unless the City Council were to take a subsequent tolling action; and
WHEREAS, in order to ensure the ongoing sustainability of the subject fee programs, the
October 2021 increase will reflect the cumulative change in the subject indices for the two-year
period of July 2019 through July 2021; and
WHEREAS, Chula Vista Municipal Code (CVMC) Chapter 3.50 establishes Development
Impact Fees to Pay for Various Public Facilities (PFDIF); and
WHEREAS, CVMC Section 3.50.090(A) provides that the PFDIF shall be adjusted,
starting on October 1, 2020, and on each October 1st thereafter, and that such adjustments of the
PFDIF shall be automatic, shall not require further action by the City Council, and shall be
published in the City’s Master Fee Schedule; and
WHEREAS, CVMC Chapter 3.54 establishes Transportation Development Impact Fees,
including the Eastern Transportation Development Impact Fee (ETDIF), Western Transportation
Development Impact Fee (WTDIF), and the Bayfront Transportation Development Impact Fee
(BFDIF); and
WHEREAS, CVMC Section 3.54.090(A) provides that the ETDIF shall be adjusted,
starting on October 1, 2018, and on each October 1st thereafter, and that such adjustments shall be
automatic and shall not require further action by the City Council; and
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WHEREAS, CVMC Section 3.54.090(A) provides that the WTDIF and BFDIF shall be
adjusted on October 1, 2018, and on each October 1st thereafter, and that such adjustments 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; and
WHEREAS, CVMC Section 13.14.090(A) establishes the City’s Sewer Capacity Fee; and
WHEREAS, CVMC Section 13.14.090(B) provides that the amount of the Sewer Capacity
Fee shall be adjusted, starting on October 1, 2015, and on each October 1st thereafter, and that such
adjustments shall be automatic and shall not require further action of the City Council; and
WHEREAS, CVMC Chapter 17.10 establishes in-lieu fees for Parkland Acquisition and
Development (PAD); and
WHEREAS, CVMC Section 17.10.110 provides that the development portion of the PAD
fee shall be adjusted, starting on October 1, 2004, and on each October 1st thereafter, and that such
adjustments shall be automatic and shall not require further action by the City Council; and
WHEREAS, Ordinance No. 2767 established the original Otay Ranch Pedestrian Bridge
Development Impact Fee to fund the construction of pedestrian bridges between Otay Ranch
Village 1 and 5; and
WHEREAS, Ordinance No. 2892 amended Ordinance No. 2767 to include Otay Ranch
Village 6 and its fair share of the cost of pedestrian bridge improvements; and
WHEREAS, Ordinance No. 3064 amended Ordinance No. 2892 to include Otay Ranch
Village 2 and its fair share of the cost of pedestrian bridge improvements; and
WHEREAS, Ordinance No. 3360 amended Ordinance No. 3064 to reflect additional units
in Otay Ranch Village 2; and
WHEREAS, Ordinance No. 3360 provides that that the Pedestrian Bridge Development
Impact Fee for Otay Ranch Villages 1, 2, 5, & 6 shall be adjusted, starting on October 1, 2016, and
on each October 1st thereafter, and that such adjustments shall be automatic and shall not require
further action of the City Council; and
WHEREAS, Ordinance No. 2898 established the Pedestrian Bridge Development Impact
Fee Program for Otay Ranch Village 11; and
WHEREAS, Ordinance No. 3017 amended Ordinance No. 2898, providing that the
Pedestrian Bridge Development Impact Fee for Otay Ranch Village 11 shall be adjusted, starting
on October 1, 2006, and on each October 1st thereafter, and that such adjustments shall be
automatic and shall not require further action by the City Council; and
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WHEREAS, Ordinance No. 2617 established the Salt Creek Sewer Basin Development
Impact Fee to pay for sewer improvements within the Salt Creek Sewer Basin as a condition of
issuance of building permits; and
WHEREAS, Ordinance No. 2974 amended Ordinance No. 2617, increasing the Salt Creek
Sewer Basin Development Impact Fee to cover costs associated with the financing and
construction of sewer improvements identified in the ordinance; and
WHEREAS, Ordinance No. 3350 amended Ordinance No. 2974, providing that the Salt
Creek Sewer Basin Development Impact Fee shall be adjusted, starting on October 1, 2015 and on
each October 1st thereafter, and that such adjustments shall be automatic and shall not require
further action of the City Council; and
WHEREAS, Resolution No. 9221 adopted City Council Policy 478-01 (Participation of
Private Developers in the Financing and/or Installation of Traffic Signals) establishing the Traffic
Signal Participation Fee; and
WHEREAS, Resolution No. 2001-385 amended City Council Policy 478-01 (Participation
of Private Developers in the Financing and/or Installation of Traffic Signals), providing that the
Traffic Signal Participation Fee shall be adjusted, starting on October 2, 2002, and on each October
1st thereafter, and that such adjustments shall be automatic and shall not require further action of
the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it tolls the development impact, in-lieu, and capacity fee automatic annual inflationary
adjustments for 2020.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
next automatic annual inflationary adjustment shall occur October 1, 2021, at which time the fees
will be adjusted to reflect the two-year change in their respective indices.
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Presented by Approved as to form by
Tiffany Allen 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 25th day of August 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
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. 2020-199 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 25th day of August 2020.
Executed this 25th day of August 2020.
Kerry K. Bigelow, MMC, City Clerk
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