Loading...
HomeMy WebLinkAboutReso 2003-407RESOLUTION NO. 2003-407 RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FEE RECOVERY DISTRICT FOR OTAY VALLEY ROAD, RELATED TO ASSESSMENT DISTRICT NO. 90-2, TO MODIFY THE METHOD FOR DETERMINING THE FEES COLLECTED WHEREAS, on November 16, 1993, Council approved Resolution 17311 establishing a Fee Recovery District for Otay Valley Road (now known as Main Street); and WHEREAS, the fee recovery district was established in conjunction with Assessment District No. 90-2, formed for the financing of the Otay Valley Road improvement and widening; and WHEREAS, Council approved the fee recovery district fee in order to aid in a more even distribution of the cost of the Otay Valley Road improvement and widening based on future land uses that may develop to a higher traffic generating intensity than industrial or other changes in land use; and WHEREAS, fees collected via the fee recovery district shall be used to reduce the costs to property owners participating in Assessment District No. 90-2 and to pay minor formation and administrative costs associated with the fee recovery district; and WHEREAS, Resolution 17311, and therefore collection of the fee recovery district fee, is in force and effect for the duration of the bond issues for Assessment District No. 90-2; and WHEREAS, Resolution 17311 provided that Council may modify the fee recovery district fee based upon sound engineering, financing and planning information; and WHEREAS, it is now recommended that a modification be made to the calculation of the fee recovery district fee based on the years remaining on the bond issue to the number of years bonds were issued determined at the time a land use change is approved; and WHEREAS, the Director of Engineering recommends the modification as an equitable application of the fee recovery district fee; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the Caiifomia Environmental Quality Act (CEQA), and has determined that the project is exempt from CEQA pursuant to Section 15273(a)(4) of the CEQA Guidelines, CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies for the purpose of obtaining funds for capital projects, necessary to maintain service within existing service areas. Thus, no further environmental review is necessary at this time. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, resolve, determine and order as follows: SECTION 1. That the public hearing at which this resolution was adopted was duly noticed and held in the manner required by law. Resolution 2003-407 Page 2 SECTION 2. That the owners of property affected or benefited by collection of the fee recovery district fee were given the opportunity to give testimony and be heard prior to approval of this resolution. SECTION 3. Section 7(a) of Resolution 17311 is hereby by amended in its entirety to read as follows: (a) 1. A thoroughfare fee in the amounts set forth in subsection (c) is hereby established to pay for the Otay Valley Road Improvements and facilities within the boundary of the fee recovery district ("District"). The fee shall be paid before the later of the following to occur: (i) approval of any final map; (ii) issuance of a building permit within the District; or (iii) discretionary approval for a change of use for a building from an industrial use to any other use. 2. The fees shall be deposited into a District fund, which is hereby created, and shall be expended only for the purposes set forth in this resolution. 3. The District fund shall be reviewed annually each March 1st. If at least $20,000 is in the fund, including interest accrued by the District fund, the City shall cause the fees to be distributed pursuant to subsection (d) during the subsequent fiscal year. If less than $20,000 is in the fund, the Director of Engineering may distribute or defer distribution of the fees at his or her discretion in order to minimize costs of administering the District fund. Upon expiration of the fund, any remaining balance shall be SECTION 4. Section 7(c) of Resolution 17311 is hereby amended in its entirety to read as follows: 1. The fee for each development shall be $19,000/industrial acre ($95/trip x 200 trips/acre) or $95/trip as estimated and determined by the Director of Engineering with reference to industry accepted traffic generation rates (except that, without regard to industry accepted traffic generation rates, the traffic generation rate for all industrial land uses shall, for the purposes of imposing this fee, be assumed to be 200 traffic trips per acre) and applied pursuant to the Modified Engineer's Report dated November 1, 1993. 2. The fee may be satisfied to the extent of the parcel's participation in Assessment District No. 90-2, under the authority of Section 66484(0, as determined by the Director of Engineering, under rules and regulations she/he may promulgate for the determination of same. Those properties within the District that develop to a more intense use than outlined by Assessment District No. 90-2 shall pay this fee pursuant to paragraph 3 below. 3. The amount of the District fee not satisfied by participation in Assessment District No. 90-2 pursuant to paragraph 2 above, shall be multiplied by the Multiplier Factor outlined on Exhibit A based upon the date of building permit issuance (or at the time of discretionary approval if no building permit is anticipated to be issued, as determined by the Director of Engineering). 4. The City Council shall annually review the amount of the fee. The City Council may adjust the amount of the fee as necessary to reflect changes in the Engineering-News Record Construction Index, the type, size, location or cost of Resolution 2003-407 Page 3 the facilities to be financed by the fee, changes in land use designations in the City's General Plan, and upon other sound engineering, financ'mg and planning information. Adjustments to the above fee may be made by resolution amending the Master Fee Schedule. SECTION 5. The second Section 7 (Effective Date) of Resolution 17311 is hereby re-numbered as Section 7.5. SECTION 6. Pursuant to Government Code Section 65962, this resolution shall become effective sixty (60) days after its approval. Presented by Approved as to form by En~frltering Director City Attorney Resolution 2003-407 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of September, 2003, by the following vote: A'FFEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, McCann, Rindone, and Salas None Padilla Susan Bigelow, CMC, City Cll~k STATE ~ CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF ~2HULA VISTA ) I, Susan Bigel0w, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-407 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of September, 2003. Executed this 16th day of September, 2003. Susan Bigelow, CMC, City Cle'qk EXHIBIT A Date of building permit issuance September 1993 through effective date of resolution amending Resolution 1731 l Effective date of resolution amending 0.58 Resolution 17311 through August 2004 September 2004 through August 2005 0.54 September 2005 through August 2006 0.50 September 2006 through August 2007 0.46 September 2007 through August 2008 · 0.42 September 2008 through August 2009 0.38 September 2009 through August 2010 0.33 September 2010 through August 2011 0.29 September 20l 1 through August 2012 0.25 September 20 l 2 through August 2013 0.21 September 20 l 3 through August 2014 0.17 September 20 l 4 through August 2015 0.13 September 2015 through August 2016 0.08 September 2016 through August 2017 0.04 September 20 l 7 and beyond 0.00 Multiplier Factor 1.00 Years remaining on bond issues NA 14 13 12 11 10 9 8 7 6 5 4 3 2 l 0 Note: The table is based on years remaining on the bond issues to total bond issue years (24 years).