HomeMy WebLinkAboutReso 2024-100
RESOLUTION NO. 2024-100
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 16 (DEVELOPMENT
& IN-LIEU FEES) AND CHAPTER 19 (HOUSING AUTHORITY
FEES) OF THE CITY’S MASTER FEE SCHEDULE TO ADD
FEES RELATED TO AFFORDABLE HOUSING PROJECT
ADMINISTRATION AND MONITORING
WHEREAS, on May 21, 2024, the City Council conducted a first reading of Ordinance
No. 3572, which adds Chapter 19.91 (Inclusionary Housing) to the Chula Vista Municipal Code
(“CVMC”), codifying the requirement for housing developers to provide affordable housing units
within new housing developments; and
WHEREAS, CVMC section 19.91.070 provides that the inclusionary housing
requirements may be satisfied by payment of an in-lieu fee instead of providing affordable units
on-site; and
WHEREAS, CVMC section 19.91.070 provides that the City Council shall, by resolution
establish the amount of the inclusionary in-lieu fee; and
WHEREAS, the City of Chula Vista (“City”) commissioned RSG, Inc., a consulting firm,
to prepare a study dated April 29, 2024 to determine an appropriate in-lieu fee amount based on
construction costs, rental revenue, and development funding gaps for affordable housing units; and
WHEREAS, CVMC Chapter 19.91.070 provides that all monies collected by the City in
lieu of constructing affordable units on-site shall be deposited into the Housing Inclusionary fund
maintained by the City for use in producing, protecting, and preserving affordable housing; and
WHEREAS, to establish the in-lieu fees under CVMC section 19.91.070, the City wishes
to amend Chapter 16 of the City’s Master Fee Schedule to add section “Inclusionary Housing In -
Lieu Fee,” as set forth in Exhibit 1, attached hereto and incorporated herein by reference as if set
forth in full; and
WHEREAS, the City incurs costs associated with the review and administration of projects
requiring a regulatory agreement, including projects applying for and receiving a density bonus
pursuant to CVMC Chapter 19.90, and projects providing onsite affordable units pursuant to
CVMC Chapter 19.91; and
WHEREAS, the City also incurs costs associated with the ongoing monitoring of
affordable projects and in its collection of fees for the review, administration, and ongoing
monitoring of affordable projects provides its services to a limited segment of the public,
specifically developers of affordable housing; and
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WHEREAS, an analysis of the staff effort and the current fully burdened hourly rates for
impacted staff associated with the review, administration, and ongoing monitoring of affordable
projects, as well as an analysis of the cost of third-party contracts, has been conducted to determine
the cost of service associated with providing these administrative services; and
WHEREAS, to achieve full and equitable cost recovery for the review, administration, and
monitoring services provided, the City Council wishes to amend Chapter 19 of the City’s Master
Fee Schedule to add section “Compliance Fees (Non-Bond)”, as set forth in Exhibit 2, attached
hereto and incorporated herein by reference as if set forth in full; and
WHEREAS, the proposed fees do not exceed the estimated reasonable cost of providing
the associated services; and
WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate
to increase any levy, charge, or exaction imposed by a local government, unless specifically
exempted; and
WHEREAS, the proposed fees are exempt from the vote requirement per Sections 1(e)(2)
and 1(e)(3); and
WHEREAS, the proposed amendments to the Master Fee Schedule Chapters 16 and 19
shall become effective upon adoption of this Resolution by the City Council and the Housing
Authority; and
WHEREAS, in accordance with the requirements of the California Environmental Quality
Act (“CEQA”), the Environmental Review Coordinator has determined that the activity is not a
“Project” as defined under Title 14, Section 15378 of the California Code of Regulations, and that
therefore, pursuant to Section 15060(c)(3) of the California Code of Regulations, 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 Chapter 16 (Development & In-Lieu Fees) of the City’s Master Fee
Schedule to establish an inclusionary in-lieu fee 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 19 (Housing Authority Fees) of the City’s Master Fee Schedule to establish
administrative fees related to the review, administration, and ongoing monitoring of affordable
projects as set forth in Exhibit 2 to this Resolution.
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Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo
Director of Housing and Homeless Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of May 2024 by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Morineau, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, 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. 2024-100 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 21st day of May 2024.
Executed this 21st day of May 2024.
Kerry K. Bigelow, MMC, City Clerk
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Exhibit 1
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Exhibit 2
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