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HomeMy WebLinkAbout2006/10/24 Item 14 COUNCIL AGENDA STATEMENT Item:~ Meeting Date: 10/24/06 ITEM TITLE: A. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA. B. ORDINANCE NO. OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA. REVIEWED BY: C. RESOLUTION NO. ADOPTING THE "PUBLIC FACILITIES DEVELOPMENT IMPACT FEE, MARCH 2006 UPDATE". Director of Budget and Analysis ~ /;( City Manager // (4/5ths Vote: Yes _ No--1L) SUBMITTED BY: In August of 1989, Council adopted an ordinance establishing a series of 'supplemental' impact fees. After a more comprehensive review of the City's capital needs over the next year, the Public Facilities Development Impact Fee (PFDIF) program was established in January of 1991, via Ordinance 2432. This program enables the City to implement the intent of the Growth Management Oversight Commission (GMOC) program, and to ensure that existing residents do not bear the costs of new development. This program was last comprehensively updated in November of 2002. Tonight Council will consider approval of the "Public Facilities Development Impact Fee, March 2006 Update". The public hearing has been duly noticed. RECOMMENDATION: That Council: 1. Conduct the Public Hearing; 2. Approve the Ordinance amending Chapter 3.50 of the Chula Vista Municipal Code (first reading), to take effect and be in full force on the sixtieth (60th) day from and after its second reading and adoption; and 3. Approve the Resolution adopting the report prepared by staff. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This discussion represents a brief recap of more detailed information contained in the attached "Public Facilities Development Impact Fee, March 2006 Update" report. 14-1 Page 2, Item: Meeting Date: let 10/24/06 The purpose of the Public Facilities Development Impact Fee (PFDIF) is mitigation of the cumulative burden on public facilities placed by new development. The public facilities financed by the PFDIF include the following eleven (11) components: 1. Civic Center Expansion 2. Police Facilities and Equipment 3. Corporation Yard Relocation 4. Libraries 5. Fire Suppression System 6. Geographic Information System (GIS) 7. Computer Systems 8. Telecommunications Systems 9. Records Management System 10. Administration 11. Major Recreation Facilities Of the eleven (11) PFDIF components detailed above, staff recommended the closure of four (4) support system components earlier this evening; including the Geographic Information System (GIS), Computer Systems, Telecommunications Systems, and Records Management System components. This report assumes the Council's approval of the recommended closures. On November 12, 2002, City Council approved the "Public Facilities DIF, November 2002 Amendment". This represents the last comprehensive update of the PFDIF program. In June of 2005, Council approved the application of an annual inflationary increase for the PFDIF. For those components involving construction of facilities, the annual increase was tied to the Construction Cost Index (CCI) published by the Engineering News Record. For the remaining components, the annual inflationary increase was tied to the annual increase in the Consumer Price Index (CPI) for the San Diego Metropolitan Area. The first such annual increase went into effect in October of 2005, increasing the single family fee per dwelling unit from $5,480 to $5,489. Staff delayed undertaking a comprehensive PFDIF program update in anticipation of the City's General Plan Update, completed in December of 2005. The current update does not include any new major facilities, but instead focuses on updating the program obligation to account for increased construction and financing costs of previously included projects. In addition, the current update includes increased densities and other land use changes included in the General Plan Update approved by Council on December 13th, 2005. The next update will address new facility needs identified in various Master Plan updates currently in progress as appropriate. The fees, facility phasing schedules, and PFDIF cash reserves detailed in the "Public Facilities Development Impact Fee, March 2006 Update" are based on a specific rate of growth which, if different than projected, will require a reevaluation of those fees, facility phasing, and cash reserves in future updates. Public Facilities Development Impact Fee Increase As described above, the City's PFDIF program has not been comprehensively updated since November of 2002. In the ensuing period, a number of factors have led to the increased rates included in the current update. These factors include increased costs for construction materials and project insurance; increased financing costs; the addition of four minor projects; and a reduction in the number of future development units (residential dwelling units and commercial/ 14-2 T Page 3, Item: Meeting Date: 14' 10/24/06 industrial acres) over which to spread the program's costs. New projects reflected in this update include studies and minor capital acquisitions. The relative impact of new projects and construction and financing cost increases is illustrated in the chart below. 2% II Project Costs o Financing Costs . New Projects The majority of the aforementioned reduction in future development units is a direct and unavoidable result of the ongoing development within the City. For example, since the November 2002 PFDIF Update, the City has permitted approximately 4,000 single family and 3,000 multi-family units. This factor would have had greater impact on the program's cost, had the General Plan's increased densities and western redevelopment and infill development not been considered in the current update. These two factors combine to result in a net loss of approximately 1,500 future residential units, between the November 2002 report and the current report. There is an additional impact to the commercial and industrial rates per acre resulting from a significant reduction in the anticipated development for these two land uses, as compared with the November 2002 Update. These changes bring the PFDIF's development projections in line with the recently adopted General Plan Update. The proposed fees are based upon anticipated future development within the City. The projected development for each land use is as follows: land Use Description Units Single Family Dwelling Units Multi-Family Dwelling Units Commercial Acres I ndustrial Acres 4,854 22,467 518.42 881.51 Using these development projections, the PFDIF fee has been calculated for each land use category. The current and proposed fees, as well as the resultant fee increases, are detailed below. land Use Description Current Fee Proposed Fee Increase Single Family Dwelling Unit $ Multi-Family Dwelling Unit $ Commercial Acre $ Industrial Acre $ 5,489 5,109 21,727 4,044 14-3 T $ $ $ $ $ $ $ $ 7,891 7,477 25,181 7,958 2,402 2,368 3,454 3,914 Page 4, Item: Meeting Date: 10/24/06 1'-1 PFDIF fees are calculated individually for each program component. The following table details the component fee for each land use category. Single Family Multi-Family Commercial Industrial Component Dwelling Unit Dwelling Unit Acre Acre Civic Center Expansion $ 2,188 $ 2,073 $ 6,981 $ 2,206 Police Facility $ 1,464 $ 1,581 $ 6,914 $ 1,491 Corporation Yard Relocation $ 393 $ 315 $ 6,684 $ 3,148 Libraries $ 1,258 $ 1,258 $ $ Fire Suppression System $ 1,106 $ 796 $ 2,923 $ 582 Geographic Information System $ - $ - $ $ Computer Systems $ $ - $ $ Telecommunications $ - $ - $ $ Records Management System $ - $ - $ - $ Recreation Facilities $ $ $ - $ Pro ram Administration $ $ $ $ 531 dlll5llili 1Ji'w'"w,d, As illustrated in the table above, no fee has been calculated for the Geographic Information System, Computer Systems, Telecommunications Systems, or Records Management Systems components of the PFDIF; as the March 2006 fee calculation assumes the closure of these support system components. Council will consider the closure of these components via separate action this evening. While the increase per industrial acre remains the highest percent increase, it is worth noting that prior to the November 2002 Update, the rate per industrial acre was significantly higher. For example, in the 1999 Update, the fee per industrial acre was set at $13,090. This rate was then increased in the March 2002 Update to $20,860. It was only in the November 2002 Update that the fee per industrial acre was reduced to $3,848. When considered in this light, the rate per industrial acre currently proposed represents a decrease of 39% from the 1999 rate (a decrease of 6.5% annually); and a reduction of more than 62% from the March 2002 rate. This reduction was achieved by partnering with the development community to further refine the program's cost spreading methodology and improved land use data. Despite fee increases approved since 2002, the PFDIF as a percent of the average single family home sale price (in 2006) has decreased by more than 17%, from 1.43% to 1.18%. This calculation is based upon the average sales price of single family detached homes in the City of Chula Vista, as reported in the San Diego County Regional Multiple Listing Service (MLS). Overall residential impact fees (including school, park, transportation, and other development fees) as a percent of the average single family home sale price have dropped by more than 9%, from 7.7% to 7.0% during the same period. The preceding calculations both assume the implementation of the March 2006 Update PFDIF fee structure in the calculation of the 2006 rates. In light of these declines, it is anticipated that the proposed rates will be borne by residential developers without significantly impacting product affordability, marketability, or development timing. Cost Allocation Methodoloqy The allocation of costs in a development impact fee program must be based upon benefit received. The six (6) project components of the PFDIF program (excluding the Program Administration component) are principally based upon providing infrastructure necessitated by 14-4 T Page 5, Item: Meeting Date: 10/24/06 I~ people-related public service to the community, e.g. fire protection, police protection, public works services, etc. Originally, the PFDIF assigned benefit to future development on the basis of land use types (residential, commercial, and industrial) using population generation factors. The November 2002 Update introduced the use of Service Demand Factors in the allocation of costs among land use types. At that time, the factors were largely based upon the FIND (Fiscal Impact of New Development) model and TDIF (Transportation Development Impact Fee) factors in effect at that time. . The March 2006 report recommends updating the service demand factors using the General Plan Fiscal Impact Model in place of the FIND model, in the calculation of both the Police Facility and Fire Suppression component factors. The FIND model was originally developed for the Otay Ranch annexation only, whereas the General Plan model is a citywide model. In addition, the data used in the General Plan model is more current, making it the more appropriate model for use in the current PFDIF update. The TDIF factors are based on Average Daily Trips, and were updated by Council in June of 2005. These updated trip generation factors were used in the calculation of the Corporation Yard component's service demand factors. Commercial & Industrial Development Service Demand Factors The current update includes one refinement of the service demand factor methodology. This change applies only to commercial and industrial development, and is intended to provide a more equitable cost allocation among land uses and increase the degree of coordination and standardization between the City's public facilities and transportation development impact fee programs. The City's Transportation Development Impact Fee (TDIF) program excludes 'pass-by' trips from the calculation of commercial development fees. As the Corporation Yard component's service demand factors are based upon the TDIF rates, this exclusion is already in use within the PFDIF program. The proposed modification will apply this same methodology to all applicable components. For commercial and industrial development, "pass-by" trips are now reflected in the Police, Fire, and Corporation Yard service demand factors. Pass-by trips are trips in which a stop at a commercial or industrial facility is one part of a linked trip to or from home or work. An analysis of commercial trip origins and destinations was performed as part of this update process. This analysis found that approximately 77 percent of commercial trips are generated from within the PFDIF boundary area and 23 percent are from outside the area. Similarly, 46 percent of trips to industrial uses in the City were identified as originated outside the program boundary. Detailed calculations of external trips for commercial and industrial land uses are included as Attachments 5 and 6 of this report, respectively. This update applies these ratios in the calculation of the service demand factors for commercial and industrial uses. Excluding these pass-by trips from the calculation of commercial and industrial service demand factors limits the PFDIF obligation for these two land-uses to the mitigation of external customers and employees only. These pass-by trips are then used to re- assign the internally generated service demand back to the residential land uses. For new residential development in Chula Vista, all costs associated with mitigating their impact on public services will now be assessed via the residential fee only. 14-5 T Page 6, Item: I Y Meeting Date: 10/24/06 Prepavment Funds In the March 2002 PFDIF update, developers were given the opportunity to prepay fees for two components - the Civic Center Expansion component, and the Police Facility component. The prepay fee was a reduced rate, calculated by excluding financing costs from the fee calculation. This program was designed to allow developers to provide project construction funds up front, eliminating the need to secure these funds through long-term borrowing and protecting developers from project cost increases (other than extraordinary circumstances). An audit of the prepayment program was completed in conjunction with the March 2006 Update. As a result of this audit, staff is recommending that 100% of the prepayment funds received (approximately $6.95 million) be applied to Phase III of the Civic Center Expansion, thereby reducing the construction funds to be financed via long-term borrowing. With a reduction in funds to be borrowed, a reduction in associated financing costs is assumed in the current PFDIF Update. In total, the application of prepayment funds results in an estimated PFDIF financing obligation reduction of approximately $6.25 million. Debt Service ObliQation Of the future program obligation of $226.3 million, approximately $132.6 million (60.2%) is attributable to debt service payments. These payments represent the repayment of principal, as well as finance charges incurred in the long-term borrowing of project construction funds. The debt service obligations of the PFDIF program are detailed in the following table. Debt Service Remaining Obligation 2000 COP A - Corporation Yard 2002 COP - Police Facilities 2003 Refunding COP - 800 MHZ 2003 Refunding COP - CAD System 2003 Refunding COP - Fiscal System Adamo Property Acquisition Civic Center - Phase I Civic Center - Phase II Civic Center - Phase 11/ $ $ $ $ $ $ $ $ $ 14,243,052 46,278,533 10,225 525,507 15,404 408,286 37,920,147 24,972,462 8,229,195 The bonds for the Civic Center Phase III project have not yet been sold, and are therefore a projection based upon the most recent bond sale completed - Phase II of the Civic Center Complex Expansion. The PFDIF Program is unable to sell bonds directly in order to generate project funds; therefore the City is the final guarantor of the PFDIF's debt. Should insufficient PFDIF funds be available to meet the debt service obligation, the City's General fund would have to fill any gap. The City is exploring the possible creation of a 'Market Fluctuation Reserve' to set aside PFDIF funds for unanticipated fluctuations in the housing market and anticipates including the creation of such a reserve fund in the next update of the PFDIF program. 14-6 T Page 7, Item: Meeting Date: ILj 10/24/06 Cash Flow Analvses In conjunction with the current PFDIF Update, several cash flow analyses have been prepared. As these models illustrate, the City has good security to cover PFDIF construction and debt service expenditures, should a major downturn occur. In the future, close monitoring of these models will be critical in ensuring the ongoing viability of the PFDIF program. Attached are the following cash flow models: . Attachment 2 - PFDIF Program Cash Flow Summary . Attachment 3 - PFDIF Program Expenditure Detail . Attachment 4 - PFDIF Program Cash Flow - Debt Service Obligation Minimum Building Permit Activity The first two attachments reflect the program as proposed in the 2006 Update. Attachment 2, the PFDIF Program Cash Flow Summary, illustrates the overall cash flow of the PFDIF program. As shown in the attachment, the PFDIF program will generate sufficient fee revenue to meet all expenditure commitments, resulting in a $0 fund balance at the conclusion of the program. Attachment 3 includes detailed expenditure data, as summarized in Attachment 2. Attachment 4 was created to identify the minimum number of building permits that must be issued annually in order to meet the City's existing PFDIF debt service obligation. This scenario is discussed in greater detail below. This model reflects the same debt service expenditures detailed in Attachment 3, the PFDIF Program Expenditure Detail. During the last five years (FY 2002 - FY 2006) the City permitted an average of approximately 2,500 residential units annually. The future development forecasted by the Planning Department through build out, and reflected in the current update, is as follows: Land Use Description Units Single Family Dwelling Units 4,854 Multi-Family Dwelling Units 22,467 Commercial Acres 518.42 I ndustrial Acres 881.51 From a cash flow perspective, permits issued rather than dwelling units constructed is the salient statistic. It is at the time of permits issuance that impact fees are collected. As such, these models and all related discussions refer only to permits issued. In the attached cash flow analyses and the discussion below, the model is based upon four time increments. These increments are as follows: . Increment 1: 2006 - 2010 . Increment 2: 2011 - 2020 . Increment 3: 2021 - 2030 . Increment 4: 2031 - Build out Debt Service Obligation Minimum Building Permit Activity Scenario As detailed in Attachment 3, the PFDIF's total debt service is forecasted to total approximately $23.2 million in Increment 1, $52.6 million in Increment 2, and approximately $43 million in Increment 3. From 2031 through build out, the remaining debt service will decline to approximately $13.8 million. In all, between 2006 and build out, the PFDIF program will expend more than $132.6 million on debt service payments. 14-7 T Page 8, Item: Meeting Date: 1+ 1 0/24/06 The cash flow presented in Attachment 4 shows the minimum residential building permit activity necessary to meet the PFDIF's anticipated debt service obligation, as described above. This analysis, therefore, assumes no future staff time or other project expenditures from the program. Project expenditures omitted from this model include future Rancho del Rey Library funding, as well as the future EUC Library, EUC Fire Station, and two recreation facilities to be sited in Otay Ranch Village 4. This model has also been updated to reflect all actual expenditures and revenues realized in fiscal year 2006. In the interest' of being conservative, no future commercial or industrial development has been assumed in this'model. It should be noted that no annual residential development is reflected in Increment 1. This is a result of the available cash balance of the PFDIF fund, reducing the program's need by approximately $24.4 million in the first increment. With only $23.2 million in debt service payments during this period, no additional fee revenue is necessary to meet the PFDIF's debt service obligation through 2010. Non-debt service expenditures incurred through the end of fiscal year 2006 are fully offset by actual revenues received during the same accounting period. The minimum annual development necessary to meet the PFDIF's anticipated debt service obligation has been calculated for both single family and multi-family residential uses. As mentioned previously, no additional development is required in Phase I to meet the PFDIF's debt service obligations during that phase. In Increment 2, in order to meet the debt service obligations of the PFDIF fund, either 622 single family units, OR 656 multi-family units would have to be permitted annually. Most likely, actual development will be some combination thereof. In Increments 3 and 4, the permitting of 292 - 575 residential units annually will be necessary to meet the program's debt service obligation. It should be noted that as far back as 1986, annual residential growth has never fallen below 800 units. During the last five years, the City has permitted an average of 2,500 residential units. These historic trends suggest that residential development in the City will not fall below the levels necessary to meet the PFDIF's debt service obligation. Developer Discussions The City has a long history of working collaboratively with the development community to ensure the most successful development impact fee programs possible. In order to continue this successful partnership, the 2006 PFDIF Update process included multiple meetings with interested parties during a five (5) month period. A representative from the Building Industry Association (BIA), along with representatives from all major developers in the City were invited to attend these meetings. Meetings with the development community resulted in the identification of five (5) primary issues of concern. These issues include the allocation of program costs between residential and commercial I industrial land uses; the use of prepayment fees; financing costs associated with the Rancho del Rey Library; the planned University Area of the Otay Ranch; and land use tabulations. As described above, the issues of cost allocations between land uses and the use of prepayment fees have been addressed in the final PFDIF report. Issues related to financing the Rancho del Rey Library, the University Area, and land use tabulations are discussed below. Rancho del Rey Library Historically, the PFDIF program has not included financing costs associated with the Rancho del Rey Library. Instead, the program assumed the construction of the facility using State Grant funds and other cash on hand. The City was unable to secure the anticipated State Grant, and 14-8 T , Page 9, Item: /4- Meeting Date: ~ is now required to move forward with construction of the facility. In conjunction with the current update, a review of the PFDIF's cash flow and development projections revealed the need to secure project funding through long-term borrowing. As a result, anticipated financing costs were added to the initial draft of the March 2006 PFDIF Update. During the aforementioned meetings with the development community, a number of developers voiced concern over the addition of these financing costs to the PFDIF program, and the subsequent impact of those costs on the fee schedule. The Otay Ranch Company proffered their pending bonded infrastructure CFD (Communities Facilities District) for Otay Ranch Village 2 as a potential solution. Following analysis by City staff, it was determined that the PFDIF obligation for this village is sufficient to meet anticipated Rancho del Rey Library facility construction costs. As a result of the availability of this CFD's bond sale proceeds, the City may not have to seek long- term borrowing to construct this facility. With this understanding and agreement, all financing costs associated with this facility were removed from the final Library component fee calculation. Should the Otay Ranch Village 2 CFD be delayed, or not be formed as planned, it may be necessary to delay construction of the library, and I or consider long-term financing in the future. Any decision to seek long-term borrowing in the future would be based upon PFDIF cash flow projections and other applicable considerations. Planned University Area of Otay Ranch Since its inception in 1989, the PFDIF program has excluded all units within the planned University site from the overall unit count. This exclusion is consistent throughout the City's development impact fee programs. In the 2000 PFDIF Update, this issue was explicitly addressed in the report's Introduction section. This section reads as follows (bold emphasis added): For the purposes of this report, the "Area of Benefit" is generally defined as all land to be developed within the City of Chula Vista, as detailed in this report (ref Methodology Section, pages 2-7). The Rancho San Miguel project area has not, as yet, annexed into the City. However, this project has been included in the area of benefit since it has an approved City SPA plan. Conversely, the Mid-Bayfront project is not being included at this time since there is no approved plan detailing the project's proposed residential units and/or industrial/commercial acres. Once a Mid-Bayfront plan is adopted, the PFDIF will need to be amended to include this project. The planned University site in the Otay Ranch project area is not included since the University will be responsible for developing its own facilities. The exclusion of these units is also addressed in both 2002 PFDIF Update reports. Each of these reports included a discussion of the newly initiated Prepayment Program. In the discussion of this program, the reports discuss potential future changes to planned development. In both reports, the future inclusion of residential units from the University Site is used as an example of a significant Equivalent Dwelling Unit ("EDU") change, which could occur in the future. In addition, the March 2002 report Appendix included detailed acreage projections for both commercial and industrial land uses. This projection excluded all commercial and industrial acreage within the planned University site. The omission of these acres from the total acreage projection directly leads to the exclusion of the acres from the fee calculation itself. As described above, the exclusion of the University site from the program is consistent with the City's other impact fee programs. The City's Transportation Development Impact Fee ("TDIF") was also updated in 1999. In the staff report presented to City Council, the exclusion of the University site from the program is directly addressed. The report reads as follows: 14-9 T Page 10, Item: Meeting Date: -B- 10/24/06 The TDIF report excludes Villages 9 & 10 of/he Otay Ranch (Which have a primary land use designation as the University site) and related roadway improvements from the Area of Benefit. The secondary land uses (i.e., residential and commercial) are identified in the report but not counted toward the EDUs generating fees. A final recommendation on the TDIF for this planning area will be presented to Council upon approval of its ultimate land use. The report goes on to explain why the University site was excluded from the TDIF Area of Benefit: It is anticipated that the University, if approved, would be responsible for constructing suitable transportation facilities. If the University is not constructed and the area develops according to the approved alternative, future updates will incorporate said area and related facilities into the program. Discussions to this effect were also included in the staff reports presented to City Council for the 2002 and 2005 TDIF Updates. As described in the above excerpt from the 1999 PFDIF report, the Mid-Bayfront project was also excluded from the PFDIF program at that time. Now that a detailed development plan for this project has been completed, the projected development associated with this site has been included in the 2006 PFDIF fee calculation. The same process is anticipated for the University site. In order to include this project in the fee program in the future, any impacts to service delivery resulting from the development of the University site will be analyzed, taking into account the provision of public facilities by the University itself. For instance, most University campuses include library, recreation, and public safety services. The precise nature of the facilities and services to be provided on-campus is not known at this time, nor has a detailed land use plan been developed for the University site. On December 13'", 2005, Council approved an update of the City's General Plan. At that time, significant uncertainty existed with regard to land use changes in the Planned University Area of the Otay Ranch, including Villages 8, 9, and 10. As a result of this uncertainty, the approval of these villages was deferred for a period of 120 days. This deferral was then extended for two additional 120-day periods on April 11, 2006 and July 25, 2006. Until the Council approves a General Plan Update for these two villages, the previous General Plan land uses remain in effect. Staff has targeted the end of calendar year 2006, or early 2007, for Council approval of an updated General Plan for these villages. Following this approval, staff will begin the process of performing a detailed analysis of the impacts of the planned University site on public services. Upon the completion of this analysis, the City will bring forward an update to the PFDIF program. This update will incorporate additional units and acreages as appropriate, while reflecting the impact of the University project on the delivery of City services. It is the position of the development community that these units should be included in the PFDIF program in advance of the finalization of University plans. Inclusion of any projected development from these villages would act to reduce the fee per unit throughout the program boundary, while increasing the level of risk assumed by the General Fund, should projected development not occur. It is staff's opinion that it is the most prudent course of action to continue excluding these units until the General Plan Update for the Otay Ranch University Area has been approved and an analysis of resultant public service impacts has been completed. 14-10 T Page 11, Item: Meeting Date: J:L 10/24/06 Land Use Tabulations The PFDIF fee calculation is based upon projections of residential units and commercial I industrial acres to be developed in the City. These numbers are projections only, and are subject to change and revision as land use plans evolve. In preparing the March 2006 PFDIF Update, revised commercial and industrial fees per acre were calculated. When compared with existing fees, a significant increase was apparent. This ihcrease is largely attributable to a decrease in the number of commercial and industrial acres projected for development within the program boundaries. In an effort to understand this decreased development projection, prior PFDIF Update reports were reviewed. Staff identified a significant increase in the November 2002 Update commercial and industrial acreage development projection, as compared with the March 2002 Update. These additional acres acted to reduce the PFDIF fees per acre for these land uses. The November 2002 Update was the result of a successful collaborative effort between the City of Chula Vista and the local development community. The commercial I industrial development acreage projection applied in the November 2002 update was based upon data provided by the San Diego Association of Governments (SANDAG). In conjunction with the current PFDIF update, this projection was revised to reflect the City's updated General Plan land use densities. It is the position of the development community that the change in commercial/industrial acreage projected between the March 2002 and November 2002 updates represents an error on the part of the City, and that the City bears responsibility for any fee revenue not collected as a result of this error. In contrast, it is the position of staff that regular adjustments and updates made to bring projections inline with actual revenues, expenditures, and development are inherent to the nature of impact fee calculations. In addition, the City may use, at its discretion, such standardized analytical documentation available to allow the City to determine effective land use projections, in order to calculate reasonable fee allocation figures. In this instance, the City utilized what, at the time, was the best available information to complete the March and November 2002 updates. Further, the development community was fully informed of the land use tabulation that the City utilized, and did not object to utilizing this standard information. As discussed herein, presently, staff is utilizing the recent General Plan Update for land use tabulation purposes; as the General Plan Update is now considered the best available information. The City has always, and will continue to, use the best information available at the time in regards to facility costs; financing costs, and development projections. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review and a CEQA determination may be required prior to the approval of final design plans and the awarding of construction contracts for facilities funded through Public Facilities Development Impact Fees. 14-11 T Page 12, Item: Meeting Date: 10/24/06 I~f DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council and has found two (2) conflicts exist, in that Councilmembers Jerry Rindone and Steve Castaneda have property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT: Facilities included in the Public Facilities Development Impact Fee (PFDIF) program total $250.7 million, with a future program need of $226.3 million ($24.4 million in funds on hand). Revenues resulting from this fee update will provide the funds necessary to offset the costs associated with the construction and financing of all PFDIF projects. Attachments: 1. Public Facilities Development Impact Fee, March 2006 Update 2. PFDIF Program Cash Flow Summary 3. PFDIF Program Expenditure Detail 4. PFDIF Program Cash Flow - Debt Service Obligation Minimum Building Permit Activity 5. Commercial Land Use External Trip Analysis 6. Industrial Land Use External Trip Analysis 14-12 T '" '" '" ... ~ ... '" ... ... ., N '" N N '" ~ ... ... '" '" ~ ., ... ~ 0 0 ., 0 '" CO ... '" ., ...J ..; ..; -i' on ... 0 0 ...J -i' ... ~ 0 ... '" ~ 0 ... 0 ~ N '" '" 0 0 '" ... ... ..; ,.: ..; ,.: ... .n ... 0 '" '" ~ '" '" N 0 .... ~ ~ .... -w.......... ......... - 0 <0 "' r::: ::l "' "' 0 ... 0 N CO ~ "', - :!:! eD ,.: -i' c: '" ... ... .. ':; '" N 00 E III ..; 0 ..; l!! , ~ ~ " ~ .E '" 0 N ... """""" "" "" """" ... 0 <0 "' '" ... 0> 0 "' ... <0 0 0> ~ '" ... N '" <0 '" '" '" 0 <D ... "' ., N ... ... - '" 0' -i' ,.: ..; ..; 05 eD .0 c: 0 <D 0 "' ... ... N '" Ol N ... ~ ... ... 0> 0> '" E -i' ..; ..; ..; N ,.: ..; Ol ~ ... ... ~ N " 0 .E N ... 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'" .!2 ~ ~ N i!l ,50 !j e o .2 '0 -2 ~ 0 .Q <: " " " " ~ ~ '" '" '" '" <( <( '-- ~ 2251 San Diego Ave. Suite A270 San Diego, CA 92110-2926 619.683.2933 we 619.683.7982 koasd@katzokitsu.com www.katzokitsu.com Los Ange/es 323.260.4703 Fax: 323.260.4705 Tustin 714.573.0317 (.x, 714.573.9534 San Bernardino 909.890.9693 fax,909.890.9694 _Katz, Okitsu & Associates ~~ Planning and Engineering ATTACHMENT 5 July 19,2006 A644 I Tiffany Allen City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 SUBJECT: SUMMARY OF CHULA VISTA COMMERCIAL PFDIF ANALYSIS Dear Ms. Allen: Katz, Okitsu & Associates has prepared this memorandum to assist in the update of the Commercial service demand factor (SDF) for the City's PFDIF (Public Facilities Development Impact Fee) program. The following analysis methodology was employed to isolate commercial trips originating/terminating outside the City limits from commercial trips traveling within the City limits. Commercial trips within the City limits are considered to be Chula Vista residents whom already contribute via their residential fees. Therefore, the City has suggested that only the "outside" commercial trips be applied to the SDF calculations for the PFDIF program. Analysis Methodology: I) Identify predominantly commercial traffic analysis zones (T AZs) within the City of Chula Vista. 2) Commission SANDAG (San Diego Association of Governments) to run a combined select zone model based on the chosen commercial-dominant zones, after removing all non- commercial land uses from each zone. 3) Based on the model output, identify all commercial trips originating I terminating outside the City of Chula Vista limits. 4) Calculate the average commercial trip rate per acre from the model. S) Calculate the Commercial external SDF based on the percentage of "outside" commercial model trips (as compared to the total number of commercial trips generated by the model). Katz, Okitsu & Associates worked with the City of Chula Vista Traffic Engineer to identify commercial-dominant T AZs within the City of Chula Vista limits. Eight zones were selected from different parts of the City as to provide a more global representation of commercial activity. Collectively, the eight zones contain community commercial, regional commercial and street front commercial land uses, thereby providing a variety of commercial components and a range of trip generation rates. SANDAG produced a combined select zone model for all eight commercial-dominant TAZs using the City of Chula Vista's General Plan Update preferred land use alternative for Buildout conditions (AltS8c). All non-commercial land uses were removed so that strictly commercial trips were represented. Average daily traffic volumes from the eight zones were distributed throughout the network. A cordon was identified on the select zone plot to represent the 14-17 T ~ Katz, Okitsu & Associates ...... Planning and Engineering , Ms,Allen July 19, 2006 Page 2 of 2 A644 I ATTACHMENT 5 City boundary. Otay Ranch - University Villages 9 and 10, located in the southeast portion of the City of Chula Vista, are not currently included in .the City's PFDIF Program. Therefore, these villages were placed outside of the cordon. As previously described, trips traveling toHrom each commercial zone within the City boundary are considered to be Chula Vista residents whom already contribute via residential impact fees. Therefore, the total number of commercial trips originating / terminating outside the cordon was calculated, and then divided over the total number of trips generated by the model (approximately 172,000 daily trips) to equal the "percentage of outside trips". The percentage of outside trips was found to be 23%. In conclusion, the calculated external service demand for commercial development within the City of Chula Vista's PFDIF program area is 23% of the total commercial service demand. Sincerely, Katz, Okitsu & Associates J. Arnold Torma, P.E. Principal Engineer SLM Attachments: Attachment A - Commercial External SDF Calculations for City's PFDIF Program 14-18 T <tl u; :> <tl -s .c () ,S "' " <: 0 N C' <tl <: 'E 0 9 <ti .~ " E E 0 () $ "' '.. >- <ti <: <0: " <: 0 N 1:3 <0: " a; f0- CI) z t!l w :::;; <0: :r: 0 z () <0: <0: CI) 1= <: <0: 0 " " "' <tl .c "' <: ,Q 16 -s " <ti () " 16 a: <ti 'u 0; E E 0 () u.. 0 u.. 0- <tl u; :> <tl :; .c () 15 ;?;- G ~ ~ ~ ~ c ~ . . . c . 0 0 ~ . . 0: 0: 0 ,; ~ . . 0: > :. 0 . .. '" Q. ~ ~ . j ~ ~ 0 .. ~ 0 . '" .. ~ ~ . 0: E ~ . . . .. ~ ~ iii i5 i5 . Q. " 0 iii ~ ~ ~ c c ~ .. . z c c 0 . c . E 0 . . 0 . . ~ 0. 0 " ~ ~ ~ ~ ii5 . " ~ . . Z Q. ~ ~ . 0 ~ - ~ .Q ~ ~ ." <J ~ ~ .. .. ~ c c c . . . 0 Q. a. ~ ~ a. ~ ~ ~ ..J 0 0 iii iii . . . . 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N. 225 1 San Diego Ave. Suite A270 San Diego, CA 92110-2926 619.683.2933 fax; 619.683.7982 koasd@kaCIokitsu.com www.kaCIokitsu.com Los Angeles 323.260.4703 Fax; 323.260.4705 Tustin 714.573.0317 fax; 714.573.9534 San Bemardino 909.890.9693 fax; 909.890.9694 _ Katz, Okitsu & Associates Planning and Engineering ATTACHMENT 6 July 19, 2006 A644 I Tiffany Allen City of Chula Vista 276 Fourth Avenue Chula Vista, CA 919 I 0 SUBJECT: SUMMARY OF CHULA VISTA INDUSTRIAL PFDIF ANALYSIS Dear Ms. Allen: Katz, Okitsu & Associates has prepared this memorandum to assist in the update of the Industrial service demand factor (SDF) for the City's PFDIF (Public Facilities Development Impact Fee) program. The following analysis methodology was employed to isolate industrial trips originatinglterminating outside the City limits from industrial trips traveling within the City limits. Industrial trips within the City limits are considered to be Chula Vista residents whom already contribute via their residential fees. Therefore, the City has suggested that only the "outside" industrial trips be applied to the SDF calculations for the PFDIF program. Analysis Methodology: I) Identify predominantly industrial traffic analysis zones (T AZs) within the City of Chula Vista. 2) Commission SANDAG (San Diego Association of Governments) to run a combined select zone model based on the chosen industrial-dominant zones, after removing all non- industrial land uses from each zone. 3) Based on the model output, identify all industrial trips originating I terminating outside the City of Chula Vista limits. 4) Calculate the average industrial trip rate per acre from the model. S) Calculate the Industrial external SDF based on the percentage of "outside" industrial model trips (as compared to the total number of industrial trips generated by the model). Katz, Okitsu & Associates worked with the City of Chula Vista Traffic Engineer to identify industrial-dominant T AZs within the City of Chula Vista limits. Four zones were selected from different parts of the City as to provide a more global representation of industrial activity. Collectively, the four zones contain the following industrial land uses: industrial park, light industry and heavy industry, thereby providing a variety of industrial components and a range of trip generation rates. SANDAG produced a combined select zone model for all four industrial-dominant T AZs using the City of Chula Vista's General Plan Update preferred land use alternative for Buildout conditions (AltS8c). All non-industrial land uses were removed so that strictly industrial trips were represented. Average daily traffic volumes from the four zones were distributed throughout the network. A cordon was identified on the select zone plot to represent the City boundary. Otay Ranch - University Villages 9 and 10, located in the southeast portion of 14-20 T _ Katz, Okitsu & Associates Planning and Engineering Ms. Allen July 19, 2006 Page 2 of 2 A644 I ATTACHMENT 6 the City of Chula Vista, are not currently included in the City's PFDIF Program. Therefore, these villages were placed outside of the cordon. As previously described, trips traveling tolfrom each industrial zone within the City boundary are considered to be Chula Vista residents whom already contribute via residential impact fees. Therefore, the total number of industrial trips originating I terminating outside the cordon was calculated, and then divided over the total number of trips generated by the model (approximately 37,000 daily trips) to equal the "percentage of outside trips". The percentage of outside trips was found to be 46%. In conclusion, the calculated external service demand for industrial development within the City of Chula Vista's PFDIF program area is 46% of the total industrial service demand. Sincerely, Katz, Okitsu & Associates J. Arnold Torma, P.E. Principal Engineer SLM Attachments: Attachment A -Industrial External SDF Calculations for City's PFDIF Program 14-21 , '" 1;; :> '" "5 .c () .S '" " e: 0 N C '" .S E 0 "" <ii .;:: 1;; ::l "0 E S '" .;;; >- <ii e: <{ " e: 0 N ti <{ " 0; I- en z <:i w ::;; <{ I 0 () Z <{ ~ en l- e: <{ 0 "0 " '" '" .0 '" e: .Q (;j "5 " <ii () " (;j a: <ii .;:: 1;; ::l "0 E u.. 0 u.. "- '" 1;; :> OJ "5 .c () (; C:- O ~ 0; 0; . ~ 0; 0 ~ iii a: iii ~ . c iii ID -' ." ~ ~ " c ."l c ~ ." . " ~ 0; c Z . . ~ 0 <'5 ~ . c iii 0 . ~ ~ c ~ c " ID " . > <.> ID E <( > 0 0 0 ID . C " c "S ..J ID 0 ~ a. 1 OJ c " ID ID ~ ID C ~ C . ."l ~ ID ID C'i OJ a D a a 0; :f 0; 0; E a c c 0 " " u ti u u UJ ID UJ ;: Z ;: Z '" >< .. ;;; 1i ~ ~~ a: ... ;': '" :e ;; - - ... 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" c :Q1 " . .9- '" ~ ti o -g1Q' -~ ~~ 2J<( ON 0", '" '" .. 14-22 ATTACHMENT 6 " ~ <( 0; ~ :;; .9 .9 . ~ . N <( f- ~ ~ ID a .2 e ID .s c o ~ ID ~ D ~ ID l' C> '. . ." ID t; '" . Q. E .. '" " ID e ~ ID " "S u " " ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY. OF CHULA VISTA . WHEREAS, on January 81h, 1991, the City Council of the City of Chula Vista adopted Ordinance No. 2432, establishing the Public Facilities Impact Fee (PFDIF or Impact Fee); and WHEREAS, on June 141h, 2005, the City Council of the City of Chula Vista adopted Ordinance No. 3010, increasing the PFDIF from $5,048 to $5,480 per single family dwelling unit; and WHEREAS, cost estimates for the current list of needed public facilities have been updated; and WHEREAS, PFDIF allocation factors have been recalculated using General Plan Fiscal Impact Model analysis; and WHEREAS, the Impact Fee is solely based upon that portion of the project costs which are attributable to new development; and WHEREAS, the fee increase was developed in conjunction with developers and the Building Industry Association (BIA); and WHEREAS, development is considered to take place in accordance with the Phasing Plan established by the City's Planning Department, which is subject to change depending on actual development phasing; WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA, NOW THEREFORE BE IT ORDAINED, that the City Council of the City Of Chula Vista does hereby adopt and amend Chapter 3.50 of the Chula Vista Municipal Code relating to development impact fees to pay for various public facilities as follows: SECTION 1: Findinqs The City Council finds, after consideration of the evidence presented to it including the "Public Facilities Development Impact Fee, March 2006 Update", that certain amendments to Chapter 3.50 of the Chula Vista Municipal Code are necessary in order to assure that there are sufficient funds available to finance the public facilities necessary to serve new development within the City of Chula Vista by the development impact fee; and 14-23 T The City Council finds, based on the evidence presented at the public hearing, and consistent with the City's General Plan, that the imposition of public facility impact fees on all development within the City of Chula Vista for which building permits have not been issued is necessary in order to protect the public health, safety and welfare by providing for the public facilities and services to assure effective implementation of the City's General Plan; and The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the public facilities. SECTION 2: That the existing Ordinance Nos. 2432, 2320, 2554, 2810, 2855 and 2886 are hereby superseded, and Chapter 3.50 of the Chula Vista Municipal Code is amended to read as follows: 3.50.010 General intent. The city's general plan land use and public facilities elements require that adequate public facilities be available to accommodate increased population created by new development within the city of Chula Vista. The city council has determined that new development will create adverse impacts on the city's existing public facilities which must be mitigated by the financing and construction of certain public facilities which are the subject of this chapter. New development contributes to the cumulative burden on these public facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development. The city council has determined that a reasonable means of financing the public facilities is to charge a fee on all developments in the city of Chula Vista. Imposition of the public facilities development impact fee on all new development for which building permits have not yet been issued is necessary in order to protect the public safety and welfare, thereby ensuring effective implementation of the city's general plan. (Ord. 2887 S 1, 2002). 3.50.020 Definitions. For the purposes of this chapter, the following words or phrases shall be construed as defined in this section, unless from the context it appears that a different meaning is intended: A. "Building permit" means a permit required by and issued pursuant to the Uniform Building Code, as adopted by reference by this city. B. "Developer" means the owner or developer of a development. C. "Development permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the city. D. "Development project" or "development" means any activity described as the following: 1. Any new residential dwelling unit developed on vacant land; 2. Any new commercial/office or industrial development constructed on vacant land; 3. Any expansions to established developments or new developments on nonvacant land in those land use categories listed in subsections (D)(1) 14-24 T and (2) of this section, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 4. Any new or expanding special land use project; 5. Any special purpose project developed on vacant land or nonvacant land, or expanded within a pre-existing site, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; . 6. Any other development project not listed above but described in Section 65927 and 65928 of the State Government Code. E. "Community purpose facility" means a facility which serves one of the following purposes: 1. Social service activities, including such services as Boy Scouts and Girl Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the homeless; 2. Public schools; 3. Private schools; 4. Day care; 5. Senior care and recreation; 6. Worship, spiritual growth and development. F. "Special land use" means any nonresidential, non-commercial/office or nonindustrial development project (e.g., Olympic Training Center, hospitals, utilities), or non-special purpose project. G. "Special purpose project" means any for-profit community purpose facility (e.g., day care). H. "Engineer report" refers to the April 20, 1993, "development impact fees for public facilities" report. I. "Extraordinary project cost increases" means increases resulting from costs that could not have been reasonably foreseen at the time a project budget was established. J. "Extraordinary dwelling unit change" means an increase or decrease in the number of remaining planned residential dwelling units or commercial/industrial acres for which building permits have not yet been pulled, which changes the existing total by more than 2,000 dwelling units or 200 commerciallindustrial acres. (Ord. 2887 S 1, 2002). 3.50.030 Public facilities to be financed by the fee. A. The public facilities ("facilities"), which are the subject matter of the fee, include buildings, equipment and related one-time start-up costs or portions thereof, as detailed in subsection (C) of this section and in the engineer report on file in the office of the city clerk. B. The city council may modify or amend this list of facilities by written resolution in order to maintain compliance with the city's general plan or the capital improvement program. C. The facilities are as follows: 1. Civic Center expansion; 2. Police department facilities and equipment; 3. Corporation yard relocation/expansion; 4. Library system expansion; 5. Fire suppression system expansion; 6.~ Geographic information system expansion; 7.~ Computer system expansion; 14-25 T 8.~ Te/ecommunication system expansion; 9.~ Records management system expansion; 10. Major recreation facilities (community centers, gymnasiums, swimming pools). (Ord. 2887 S 1, 2002). "Facilitv oroiects are como/ete. No future oroiects will be added. 3.50.040 Territory to which fee applicable. The area of the city of Chula Vista to which the fee herein established shall be applicable shall be the territorial limits of the city of Chula Vista ("territory"), as they may from time to time be amended. (Ord. 2887 S 1, 2002). 3.50.050 Establishment of fee. A development impact fee ("fee") is hereby established to pay for the facilities within the territory. The fee shall be paid upon the issuance of building permits for each development project within the city of Chula Vista, except that, at the discretion of the city manager, a developer may prepay all or part of civic center expansion fees that would be applicable to the developer's future development projects. Prepayment would occur at the then current rate; however, the developer has sole responsibility for paying subsequent fee increases resulting from (1) extraordinary project cost increases, or (2) normal annual adjustments in the Consumer Price Index (CPI) or Building Construction Index (BCI), or (3) extraordinary dwelling unit changes. (Ord. 2887 S 1, 2002). 3.50.060 Determination of fees by land use category. For purposes of this fee, single-family dwelling units shall include single-family detached homes and detached condominiums; multifamily dwelling units shall include attached condominiums, townhouses, duplexes, triplexes, and apartments. Commercial/office and industrial development projects shall be charged on a per acre basis. Development impact fees for single-family, multifamily, commercial and industrial land uses shall be based on the demand for service generated by that land use, for each public facility set forth in CVMC 3.50.030: Service Demand Generated by Land Use Public Facility Single- Family Multifamily Commercial Industrial Dwelling Dwelling Unit Acre Acre Unit Police department .~150 .~747 .~075 .~028 facilities and equipment Corporation yard .~125 .~65 .~228 .~182 relocation/expansion Library system expansion (residential .~178 .4+5822 .000 .000 only) Fire suppression system .~212 .J7G707 .~060 .GW020 expansion - Major recreation facilities .~.178 .4+5.822 .000 .000 (residential only) 14-26 T General Government Civic Center expansion .:>&7169 .400742 .~058 .Gd4031 Geogruphic information ~ 4G8 ~ 0004 system expaAsion Computer eyetem ~ 4G8 ~ 0004 expansion Telecommunication ~ 4G8 ~ 0004 system eXl3aneion Recorde management ~ 4G8 ~ 0004 eyetem expansion I Administration .:>&7169 .400742 .~058 .Gd4031 The rate for each special land use development project, as defined in CVMC 3.50.020, shall be equivalent to the commercial/office rate per gross acre of land. The Olympic Training Center shall be equivalent to the industrial rate per gross acre of land. The rate for each special purpose project, as defined in CVMC 3.50.020, shall be equivalent to one-half the commercial/office rate per gross acre of land. The charges shall be those outlined in CVMC 3.50.090(C). The fee multiplied by the total number of dwelling units or acres within a given development project represents a developer's fair share ("fair share") for that development project. (Ord. 2887 ~ 1, 2002). 3.50.070 Time to detenmine amount due. The fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time, and not when the tentative map or final map were granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit, except that a developer of a development project providing low- and/or moderate-income housing in accordance with Section III, Objective 1 of the 1991 housing element of the general plan may request authorization to prepay or defer the fee for up to 500 equivalent dwelling units (EDUs) and said request may be approved at the sole discretion of the city manager. In order to facilitate those low- and/or moderate-income projects which are planned for construction through March 24, 2005, the fee for said projects shall be the fee existing as of March 25, 2002. (Ord. 2887 ~ 1, 2002). 3.50.080 Purpose and use of fee. The fee collected shall be used by the city for the following purposes, in such order and at such time as determined by the city council: A. To pay for such of the facilities that the city council determines should be constructed, installed or purchased at that time, or to reimburse the city for facilities funded by the city from other sources. B. To reimburse developers who have been required or permitted by CVMC 3.50.140(A) to construct, install or purchase approved facilities listed in CVMC 3.50.030(C), in such amounts as the council deems appropriate. C. To repay any and all persons who have, pursuant to prior fee Ordinance Nos. 2320 or 2432, or pursuant to this chapter, advanced or otherwise loaned funds for the construction of a facility identified herein. D. To repay the city for administration costs associated with administration of the fee. (Ord. 2887 ~ 1, 2002). 14-27 T 3.50.090 Amount of fee. A. The fee shall be the amounts set forth in subsections (8) and (C) of this section. The fee shall be adjusted, starting on October 1, 2005, and on each October 1st thereafter, based on the following two indexes: For the Civic Center expansion, libraries, fire suppression and major recreation facilities: the Engineering News Record, Building' Construction Cost Index for the Los Angeles Area. ' For the police, corporation yard, geographic information systems, computer systems, telecommunications systems, records management and administration components: The U.S. Department of Labor, Bureau of Labor Statistics (San Diego Metropolitan Statistical Area). Adjustments of the fee based upon annual changes to these two indexes shall be automatic and shall not require further action by the city council. The PFDIF may also be reviewed and amended by the city council as necessary based on changes in the type, size, location or cost of the facilities to be financed by the fee; changes in land use designation in the city's general plan; and upon other sound engineering, financing and planning information. Adjustments to the fee resulting from these discretionary reviews may be made by resolution amending this section. B. The fee shall have portions which are, according to the engineer report, allocated to a specific facility ("fee components"), which correspond to the costs of the various facilities, plus the administration cost for the fee", which is a percentage of the fee GGmponents' GGsl. C. The fee shall be the following, depending on the land use: Land Use Fee Residential - Single-family $M007,891/DU dwellings Residential - Multifamily dwellings ~7.477/DU Commercial/Office $21,7Q725,181/acr e Industrial $4,-G4G7,958/acre Special land use $25,18121,707/acr e Olympic Training Center $7,958/4;MQ/acre Public purpose Exempt Nonprofit community purpose Exempt facility Special purpose project $10,!lsd12,590/acr e (Ord. 3010 S 1, 2005; Ord. 2887 S 1, 2002). 3.50.100 Development projects exempt from the fee. 14-28 T A. Development projects by public agencies shall be exempt from the provisions of the fee if those projects are designed to provide the public service for which the agency is charged ("public purpose"). B. Community purpose facilities which are not operated for profit ("nonprofit community purpose facilities") are also exempt inasmuch as these institutions provide benefit to the community as a whole, including all land use categories which are the subject matter of the fee. The city council hereby determines that it is appropriate to spread any impact such nonprofit community purpose facilities might have to the other land use categories subject to the fee. In the event that a court determines that the exemption herein extended to community purpose facilities shall for any reason be invalid, the city council hereby allocates the nonprofit community purpose facilities' fair share to the city of Chula Vista and not to any of the land use categories which are the subject matter of the development impact land use categories. C. Development projects which are additions or expansions to existing dwelling units or businesses, except special land use projects, shall be exempt if the addition or expansion does not result in a net increase in dwelling units or commercial/industrial acreage. (Ord. 2887 ~ 1, 2002). 3.50.110 Authority for accounting and expenditures. A. Fees Collected Before the Effective Date of the Ordinance Codified in This Chapter. 1. All fees which have accrued shall remain in separate accounts ("accounts") corresponding to the facilities listed in CVMC 3.50.030, as established by the director of finance, and shall only be expended for the purposes associated with each facility account. 2. The director of finance is authorized to maintain accounts for the various facilities identified in this chapter and to periodically make expenditures from the accounts for the purposes set forth herein. B. Funds Collected On or After the Effective Date of the Ordinance Codified in This Chapter. 1. The fees collected shall be deposited into a public facility financing fund ("public facilities development impact fee fund," or alternatively herein "fund"), which is hereby created and shall be expended only for the purposes set forth in this chapter. 2. The director of finance is authorized to establish a single fund for the various facilities identified in this chapter and to periodically rnake expenditures from the fund for the purposes set forth herein. (Ord. 2887 ~ 1, 2002). 3.50.120 Findings. The city council finds that collection of the fee established by this chapter at the time of the building permit issuance is necessary to provide funds for the facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. (Ord. 2887 ~ 1, 2002). 3.50.130 Fee additional to other fees and charges. This fee is in addition to the requirements imposed by other city laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. (Ord. 2887 ~ 1, 2002). 14-29 T 3.50.135 Mandatory oversizing of facility - Duty to tender reimbursement offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a facility or a portion of a facility to be built to accommodate the demands created by the development project, the city may require the developer to install, purchase or construct the facility according to design specifications approved by the city, that being with such supplemental size or capacity required by the city ("oversized capacity requirement"). If such an oversized capacity requirement is imposed, the city shall offer to reimburse the developer from the fund either in cash or over time, with interest at the fair market value of money, as fees are collected, at the option of the city, for costs incurred by the developer for the design and construction of the facility, not to exceed the estimated cost of that particular facility as included in the calculation and updating of the fee. The city may update the fee calculation as the city deems appropriate prior to making such offer. This duty to offer reimbursement shall be independent of the developer's obligation to pay the fee. (Ord. 2887 ~ 1, 2002). 3.50.140 Developer construction of facilities. A. Whenever a developer of a development project would be required by application of city law or policy as a condition of approval of a development permit to construct or finance a facility, or if a developer proposes to design and construct a portion of a facility in conjunction with the prosecution of a development project within the territory, and follows the procedure for doing same hereinbelow set forth, the city council shall, in the following applicable circumstances, tender only the credit or reimbursement hereinbelow identified for that circumstance: 1. If the cost of the facility, incurred by the developer and acceptable to the city, is less than or equal to that portion of the developer's fair share related to the fee component for that facility, the city may only give a credit ("developer credit") against that portion of the developer's fair share related to the fee component for that facility ("fair share of the fee component"); or 2. If the cost of the facility, incurred by the developer and acceptable to the city, is greater than that portion of the developer's fair share related to the fee component for that facility, but less than or equal to the developer's total fair share, the city may give a credit, which credit shall first be applied against that portion of the fair share related to the fee component for that facility, and the excess costs for the facility shall then be applied as credits against such other fee components of the developer's total fair share as the city manager, in his sole and unfettered discretion, shall determine; or 3. If the cost of the facility, incurred by the developer and acceptable to the city, is greater than the developer's total fair share, the city may give a credit against the developer's total fair share as the city manager, in his sole and unfettered discretion, shall determine; and/or the city may tender to the developer a reimbursement agreement to reimburse said developer only from the fund as moneys are available, over time, with interest at the fair market value of money, at the option of the city. B. Unless otherwise stated herein, all developer credits shall be calculated on a dollar basis and converted into dwelling units at the time building permits are pulled, based on the then-current fee. (Ord. 2887 ~ 1, 2002). 3.50.150 Procedure for issuance of credits or tender of reimbursement offer. 14-30 T The city's extension of credits or tender of a reimbursement offer to a developer pursuant to CVMC 3.50.140 shall be conditioned on the developer complying with the terms and conditions of this section: A. Written authorization shall be requested by the developer from the city and issued by the city council by written resolution before developer may incur any costs eligible for reimbursement relating to the facility. B. The request for authorization shall contain the information listed in this section and such other information as may from time to time be requested by the city. C. If the council grants authorization, it shall be by written agreement with the developer, and on the following conditions among such other conditions as the council may from time to time impose: 1. Developer shall prepare all plans and specifications and submit same for approval by the city; 2. Developer shall secure and dedicate any right-of-way required for the facilities; 3. Developer shall secure all required permits and environmental clearances necessary for construction of the facilities; 4. Developer shall provide performance bonds in a form and amount and with a surety satisfactory to the city (where the developer intends to utilize provisions for immediate credit, the perfonmance bond shall be for 100 percent of the value of the project); 5. Developer shall pay all city fees and costs; 6. The city shall be held harmless and indemnified, and upon tender by the city, defended by the developer for any of the costs and liabilities associated with the construction of the facilities; 7. The city will not be responsible for any of the costs of constructing the facilities. The developer shall advance all necessary funds to construct the facilities; 8. The developer shall secure at least three qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. If qualified, the developer may agree to perform the work at a price equal to or less than the low bid. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the director of public works; 9. The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the facilities and exclude any work attributable to a specific subdivision project. The estimate is preliminary and subject to final determination by the director of public works upon completion of the facilities; 10. The city may grant partial credit for costs incurred by the developer on the facility upon determination of satisfactory incremental completion of the facility, as approved and certified by the director of public works, in an amount not to exceed 75 percent of the cost of the construction completed to the time the partial credit is granted, thereby retaining 25 percent of such credits until issuance by the city of a notice of completion; 11. When all work has been completed to the satisfaction of the city, the developer shall submit verification of payments made for the construction of the facility to the city. The director of public works shall make the final determination on expenditures which are eligible for credit or reimbursement. (Ord. 2887 S 1, 2002). 14-31 T 3.50.155 Developer transfer of credits. A developer who, in accordance with the provisions of CVMC 3.50.140 and 3.50.150, receives credits against future payments of the fee for one or more fee components may transfer those credits as provided herein to another developer. A. The developer shall provide the city with written notice of such transfer within 30 days. The notice shall provide the following information: 1. The name of the developer to whom the credits were transferred; 2. The dollar value of the transferred credits; , 3. The fee component(s) against which the credits will be applied; and 4. The projected rate, by fiscal year, that the credits will be applied, until said credits have been fully redeemed. B. Credits received by a developer of a low- and/or moderate-income project in accordance with CVMC 3.50.070 can only be transferred to another low- and/or moderate-income development project. (Ord. 2887 S 1, 2002). 3.50.160 Procedure for fee modification or reduction. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of this fee is unconstitutional or unrelated to mitigation of the burdens of the development may apply to the city council for a modification or reduction of the fee. The application shall be made in writing and filed with the city clerk not later than 10 days after notice of the public hearing on the development permit application for the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of modification or reduction. The city council shall make reasonable efforts to consider the application within 60 days after its filing. The decision of the city council shall be final. If a reduction or modification is granted, any change in use within the project shall subject the developer to payment of the fee. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging this fee. (Ord. 2887 S 1, 2002). 3.50.170 Fund loans. A. Loans by the City. The city may loan funds to the fund to pay for facilities should the fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall be approved upon the adoption of the annual city budget and shall carry interest rates as set by the city council for each fiscal year. A schedule for repayment of said loans shall be established at the time they are made and approved by the council, with a maximum term not to exceed the life of the fund. B. Developer Loans. A developer may loan funds to the city as outlined in CVMC 3.50.140 and 3.50.150. The city may repay said developer loans with interest, under the terms listed in subsection (A) of this section. (Ord. 2887 S 1, 2002). 3.50.180 Effective date. This chapter shall become effective sixtv (60) days followino its second readino and adoption January 1 g, 200:3 (Ord. 2887 S 1, 2002). 14-32 T SECTION 3: This chapter shall become effective sixty (60) days following its second reading and adoption. Presented by Approved as to form by Edward Van Eenoo Director of Budget and Analysis 14-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE "PUBLIC FACILITIES DEVELOPMENT IMPACT FEE, MARCH 2006 UPDATE". WHEREAS, on January 8th, 1991, the City Council of the City of Chula Vista adopted Ordinance No. 2432, establishing the Public Facilities Im'pact Fee (PFDIF); and , WHEREAS, the purpose of the PFDIF is mitigation of the cumulative burden on public facilities placed by new development; and WHEREAS, staff has prepared a comprehensive update of the PFDIF program, including a public facility expenditure plan for 2006 - 2030, development projections, and impact fee calculations; and WHEREAS, development is considered to take place in accordance with the Phasing Plan established by the City's Planning Department which is subject to change depending on actual development phasing; and WHEREAS, the 2006 - 2030 expenditure plans for public facilities are detailed in each PFDIF component in the "Public Facilities Development Impact Fee, March 2006 Update" and summarized in the Cash Flow Analysis; and WHEREAS, the 2006 - 2030 expenditure plan serves the purpose of identifying the planned use of all Public Facilities DIF funds; and WHEREAS, the "Public Facilities Development Impact Fee, March 2006 Update" was developed in conjunction with developers and the Building Industry Association (BIA); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the "Public Facilities Development Impact Fee, March 2006 Update". Presented by Approved as to form by Edward Van Eenoo Director of Budget & Analysis 14-34 T 9201 Spectrum Center Blvd., Suite 110 San Diego, CA 92123-1407 'Recud.. IO/2J.:!Ol..# 5:3Qp", !+etv\ 14 P 858.450.1221 F 858.552.1445 October 24, 2006 www.blasandiego.org PRESIDENT Horace Hogan II Brehm Communities Mayor Stephen Padilla and Members of the City Council City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 VICE PRESIDENT Scott Brusseau Newport National Corp. TREASURER / SECRETARY Paul Barnes Shea Homes Re: Public Facilities Development Impact Fee Update Agenda Item #14 Dear Mayor Padilla, IMMEDIATE PAST PRESIDENT The Building Industry Association of San Diego County ("BIA") SRcoh' sanddsA'rom. H f C I'f renresents 1450 member companies including de,velopers, builders, and Ie man merrcan ames 0 a I arnl~ associates comprising a work force of 165,000. We have reviewed the city of Chula Vista's proposed Public Facilities Development Impact Fee ("PF-DIF".) CHIEF EXECUTIVE OffiCER Paul A. Tryon California Building Industry Association I would like to thank your staff for diligently working with the BIA and its members to address a number of concerns we raised early in this review and update, their diligence in working on these issues has essentially narrowed our concerns to two specific areas. AFfiLIATES National Association of Home Builders The Staff Report ("SR") accurately reflects concerns raised by the BIA regarding two specific issues 1) the Planned University Area of Otay Ranch ("University") (SR at page 9) and 2) Land Use Tabulations (SR at page 11.) In both instances we believe that staffs proposal for the PF-DIF either shifts responsibility for un-accounted for development or impermissibly shifts the City existing responsibility to future development. National Association of Industrial and Office Properties In the case of the University site the staff has not satisfied our concerns that responsibility for the anticipated impacts created by the University will be solely bourn by the University. There is no guarantee, for example, that fire and police service will be provided on site by any proposed academic use. At a minimum Chula Vista needs to account for that eventuality by explicitly analyzing the impact of the proposed university use on all facilities with in the PF-DIF. In addressing our concerns regarding the land use tabulation error made in the November 2002 PF-DIF update, the staff report minimizes the significance of this miscalculation by lumping it in with the adjustments generally acknowledged as necessary when "bringing projections in line BUILDING INDUSTRY ASSOCIATION OF SAN DIEGO COUNTY actual revenues, expenditures and development." The sort error addressed here is not merely the result of minor adjusts related to markets, and materials, but a significant miscalculation that is now in the arena of existing development. Once a fee has been paid for a particular unit the City takes on that unit as a part of its existing responsibility. It is not appropriate to now ask for current development to pay for what is essentially an existing deficiency. The city of Chula Vista has, in the past, been one of the few cities I have worked with that has been willing to acknowledge and correct its past errors in the calculation of their PF-DIF. I urge the City Council to continue this admirable stance by directing staff to return with a fee corrected to acknowledge this accounting error as one that should be assumed by the city of Chula Vista as an obligation of existing development. I again want to thank the Finance Department staff for working with us on these and other issues. I appreciate their professionalism and dedication. I am particularly pleased with the vastly improved reporting format designed for this particular addition of the PF- DIF. Thank you for considering my request in this matter. Sincerely, r Jerry Livingston Staff Counsel