HomeMy WebLinkAboutOrd 2005-3017
ORDINANCE NO. 3017
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
ORDINANCE NO. 2898 RELATING TO THE PEDESTRIAN
BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR
OTAY RANCH VILLAGE II
WHEREAS, the City Council on February 18, 2003 approved Ordinance No. 2898
establishing a Pedestrian Bridge Development Impact Fee (OIF) Program for Otay Ranch
Village II and the area of benefit; and
WHEREAS, City Engineering Staff has approved the City of Chula Vista Pedestrian
Bridge OIF Report for Otay Ranch Village 11, dated February I, 2003 and the updated
Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village II, dated May 26,
2005 (Report); and
WHEREAS, said Report, recommends the adjustment of the Pedestrian Bridge OIF
payable by persons obtaining building permits for developments within Otay Ranch Village II
benefiting from the construction of these facilities; and
WHEREAS, the City Council determined, based upon the evidence presented at the
Public Hearing, including, but not limited to, the report and other information received by the
City Council in the course of its business, that imposition and adjustment of the OIF on all
developments within Otay Ranch Village II in the City of Chula Vista is necessary in order to
protect the public safety and welfare, and to ensure effective implementation of the City's
General Plan; and
WHEREAS, the City Council has determined that the amount of the OIF levied by this
ordinance does not exceed the estimated cost of providing the public facilities identified by the
report.
NOW, THEREFORE, the City Council ofthe City of Chula Vista does ordain as follows:
SECTION A. Amend Sections 2 and II of Ordinance No. 2898 as follows:
SECTION 2. Acceptance of Report
The City Council has reviewed the proposed Pedestrian Bridge
Development Impact Fee Report for Otay Ranch Village 11, dated May
26, 2005, and has accepted the same, by Resolution No. 2005-287, in the
form on file in the Office of the City Clerk.
SECTION II. Amount of Fee; Establishing Master Fee Schedule
The initial Impact Fee shall be calculated at the rate of $1,808 per Single
Family Dwelling Unit (SFD) and $1,341 per Multiple Family Dwelling
Unit (MF). Chapter XVI, Other Fees, of the Master Fee Schedule is
hereby amended to add Section E, which shall read as follows:
"E." Otay Ranch Village II Pedestrian Bridge Development Impact Fee.
Ordinance No. 3017
Page 2
This section is intended to memorialize the key provisions of Ordinance
No. 3017 that amended Ordinance No. 2898, but said ordinance governs
over the provisions of the Master Fee Schedule. For example, in the event
of a conflict in interpretation between the Master Fee Schedule and the
ordinance, or in the event that there are additional rules applicable to the
imposition of the Impact Fee, the language of the ordinance governs.
a. Territory to which Fee is Applicable
The area of the City of Chula Vista to which the Impact Fee herein
established shall be applicable is set forth in Exhibit "2" of the City of
Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay
Ranch Village II, dated May 26, 2005, and is generally described as the
area surrounded by Olympic Parkway, Hunte Parkway and Eastlake
Parkway.
b. Rate per Residential Land Use and Fee
The Impact Fee shall be calculated at the rate of $1,808 per Equivalent
Dwelling Unit (EDU) and translated into a fee per land use based on the
people per household factor given below.
Residential Land Use
EDU's
Fee
Single Family (SFD)
I
$1,808
Multi Family (MF)
0.74
$1,341
The amount of the fee shall be adjusted, starting on October I, 2006, and
on each October I st thereafter, based on the one-year change (from July to
July) in the Los Angeles Construction Cost Index (ENR-CCI) as published
in the Engineering-News Record Magazine. Adjustments to the above
fees based upon the ENR-CCI shall be automatic and shall not require
further action of the City Council. The reasons for which non-automatic
adjustments may be made include, but are not limited to, the following:
changes in the type, size, location or cost of the facilities to be financed by
the Impact Fee; changes in land use in the City's General Plan; other sound
engineering, financing and planning information. Adjustments to the
above Impact Fee may be made by resolution amending Ordinance No.
2898.
c. When Payable
The Impact Fee shall be paid in cash not later than immediately prior to
the issuance of a building permit.
Ordinance No. 3017
Page 3
SECTION B. Effective Date
This ordinance shall become effective sixty days after its second reading and adoption.
SECTION C. Except as specifically amended by herein, all other provisions of Ordinance No.
2898 shall remain in full force and effect.
Presented by
Approved as to form by
SO~:(~~
City Engineer
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Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of September, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
A:.~
Stephen . Padilla, Mayor
ABSENT:
Councilmembers:
ATTEST:
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Susan Bigelow, MMC, City crerk
)
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Ordinance No. 3017 had its first reading at a regular meeting held on the 23rd day of August,
2005 and its second reading and adoption at a regular meeting of said City Council held on the
13th day of September, 2005.
Executed this 13th day of September, 2005.
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Susan Bigelow, MMC, City lerk