HomeMy WebLinkAbout2008/03/18 Item 2
ORDlNANCE NO. NO f>.OOPiION
o REf>.OING F\
ORDlNANCE OF THE CITY OF CHULA ~It~ ACCEPTlNG
THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT
FEE REPORT (TF-358) PREPARED BY STAFF AND
ESTABLISHlNG A WESTERN TRANSPORTATION
DEVELOPMENT IMPACT FEE PROGRAM TO MITIGATE
TRANSPORTATION IMPACTS WITHlN "WESTERN CHULA
VISTA EXCLUDlNG PROJECTS - I-5-17, STM-36l, RAS-15, BP-5,
I-805-2, RAS-17, BP-4, BP-2, AND OR-4
WHEREAS, the adoption of the City's General plan indicated that future growth was going to
occur in the City west ofI-805; and
WHEREAS, the traffic studies for the City's General Plan and the Urban Core Specific Plan
show the City's transportation network will be impacted by new development within the western
portion of the City unless new transportation facilities are added to acco=odate the new
development; and
WHEREAS, since January 1987, the City has had a program in place for the collection of a
transportation development impact fee for the fmancing of street improvements in the area east of
Interstate 805.
WHEREAS, the Engineer's Report establishes that the transportation facilities necessitated by
development within the western portion of the City comprise an integrated network; and
WHEREAS, the Western Transportation Development Impact Fee is solely based upon that
portion of the project costs which are attributable to new development; and
WHEREAS, on March 4, 2008, the City Council of the City of Chula Vista held a duly noticed
public hearing at which oral or written presentations regarding the Western Transportation
Development Impact Fee could be made; and
WHEREAS, pursuant to the Municipal Code and California Government Code Sections 66000,
- et.seq., the City Council has accepted a report entitled "Engineer's Report for the W estem
Transportation Development Impact Fee" ("Engineer's Report") dated February, 2008 that analyzed
the Western Transportation Development Impact Fee necessary to fund transportation facilities needed
to serve future development within the western portion of the City; and
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 l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and
WHEREAS, the City Council of the City of Chula Vista is placing this ordinance on its first
reading which will establish a development impact fee per equivalent dwelling unit (EDU) to finance
transportation facilities within the western portion of the City of Chula Vista; and
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ORD#1
WHEREAS, pursuant to Government Code Section 66017(a), the fees proposed by this
ordinance will not become effective until sixty (60) days after its first reading; and
NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista
does hereby adopt Chapter 3.55 of the Chula Vista Municipal Code relating to transportation
development impact fees to pay for various transportation facilities located on the westside of the City
as follows:
SECTION 1: Findings
The City Council finds, after consideration of the evidence presented to it including the "Engineer's
Report for the Western Transportation Development Impact Fee" dated February, 2008, that the
creation of a transportation development impact fee is necessary in order to assure that there are
sufficient funds available to finance the transportation facilities necessary to serve development west
ofI-805;and
The City Council finds that new development within the western portion of the City of Chula Vista
should be required to mitigate the burden created by development through the construction of
transportation facilities; and .
The City Council fmds, based on the evidence presented at the public hearing, and consistent with the
City's General Plan, and the various reports and information received by the City Council in the
ordinary course of its business, that the imposition of traffic impact fees on all development within the
western portion of 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
transportation facilities to assure effective implementation of the City's General Plan; and
The City Council fmds that the amount of the proposed fees levied by this ordinance does not exceed
the estimated cost of providing the transportation facilities.
SECTION 2: Chapter 3.55 of the Chula Vista Municipal Code is hereby adopted and shall read as
follows:
3.55.010 General intent.
The City's General Plan Land Use and Transportation Element requires 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 transportation facilities which must be mitigated by the financing and construction of
certain public transportation facilities which are the subj ect of this chapter. New development
contributes to the cumulative burden on these public transportation facilities in direct relationship to
the amount of vehicular traffic and 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 transportation
facilities is to charge a fee on all developments within the western portion of the City. imposition of
the Western Transportation Development Impact Fee on all new development for which building
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permits have not yet been issued is necessary in order to protect the public health, safety and welfare,
thereby ensuring effective implementation of the City's General Plan.
3.55.020 Definitions.
F or the purposes of this chapter, the following wor~ or phrases shall be construed as defined herein,
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.
B. "City Engineer" means the City Engineer, the City Engineer's designee or the
City Manager's designee.
C. "Density" means dwelling units per gross acre identified for each planning
area shown on the approved tentative map or approved tentative parcel map or
as determined by the City Manager's designee.
D. "Developer" means the owner or developer of a development.
E. "Development permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the City.
F. "Development projecf' or "development" means any activity described as the
following:
1, Any new residential dwelling unit developed on vacant land;
2. Any new commercialloffice 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 (F)(l) 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 Gove=ent Code.
"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.
H. "Western portion of the City of Chula Vista" generally means that area of the
City located between the City boundary on the west, Interstate 805 on the east,
the City boundary on the north and the City's boundary on the south, as shown
on the map entitled "Figure 1" of the Engineering study.
L "Engineering study" and "Engineer' s Report" means the Engineer's Report for
the Western Transportation Development Impact Fee dated February, 2008
and prepared by City staff on file in the Office of the City Clerk.
J. "Regional Arterial System" (RAS) RAS roadways are generally described as
those facilities that act as a critical link in providing direct connections
between communities 2nSirring system continuity and congestion relief in high
i"'IO!"'\.u. ~
volume corridors. They are roadways that are listed in the most recent edition
of SANDAG' s Regional Transportation Plan
K. "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.
1. "Special purpose project" means any for-profit community purpose facility
(e.g., day care).
3.55.030 Public transportation facilities to be financed bv the fee.
A. The public transportation facilities ("facilities") which are the subject matter of the fee, are
listed below as detailed in subsection C of this section and in the Engineer's Report on file in
the Office of the City Clerk.
B. The City Council may modify or amend the list of projects in order to maintain compliance
with the circulation element of the City's General Plan.
C. The facilities are as follows:
1. (1-5-1) 1-5IE Street NB off-ramp restriping add lane
2. (1-5-2) 1-5IE StreetlBay Blvd SB off-ramp restriping add lane
3. (1-5-3) 1-5/NB ramp widening at E, H, J, Ind., Palomar & Main Sts
4. (I-54) E Street bridge widening over 1-5
5. (1-5-5) F Street bridge widening over 1-5
6. (1-5-6) I-SIR Street NB off-ramp restriping add lane
7. (1-5-7) I-SIR Street SB off-ramp restriping add lane
8. (1-5-8) H Street bridge widening over 1-5
9. (1-5-9) 1-5/J Street NB off-ramp restriping add lane
10. (1-5-10) 1-5/J Street undercrossing widening add EB-NB
11. (1-5-11) L Street bridge widening over 1-5 (srw for peds)
12. (1-5-12) 1-5/Bay Blvd (south ofL St.) SB on/off ramps traffic signal
13. (1-5-13) 1-5/Industrial Blvd NB on/off ramps traffic signal
14. (1-5-14) 1-5/Palomar Street bridge widening
15. (1-5-15) I-5/Main Street NB on/off ramps traffic signal
16. (1-5-16) 1-5/Main Street bridge widening
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Interstate-805 Improvements
17. (I-80S-I) NB on-ramp widening & metering at Bonita, East H St (EB-NB), Telegraph
Canyon Road (project 1-805-1 is 100% funded in 2006 RTIP with State funds.)
State Route 54 Improvements
18. (SR-54-1) SR-54 "WE off-ramp restripe at Broadway
19. (SR-54-2) SR-54 EB off-ramp atN. Fourth Avenue - add ramp lane
Regilonal Arterial System (RAS) Projects
20. (RAS-I) Bonita Road from First Avenue to I-80S
21. (RAS-2) Broadway from C Street to south of Main Street (City Limits)
22. (RAS-3) E Street improvements - First Ave to Bonita RoadIE. Flower St
23. (RAS-4) E Street improvements, 1-5 to 300' east ofNB ramp
24. (RAS-5) E Street LRT grade separation (underpass LRT option)
25. (RAS-6) H Street LRT grade separation (underpass LRT option)
26. (RAS-7) H Street at Broadway EB queue jumper lane & traffic signal modifications
27. (RAS-8) H Street 14'-wide median & street light improvements
28. (RAS-9) H Street widening to 6-lanes from Interstate-5 to Broadway
29. (RAS-I0) H Street improvements from Second Ave to Hilltop Drive
(RAS-ll) East H St. north side improvements from Hilltop Dr. to 1-805
(RAS-12) L StreetlBay Blvd traffic signal & add turn lanes
(RAS-l3) L Street improvements south side west of Industrial Blvd
(RAS-14) Telegraph Canyon Road at 1-805 south side sidewalk
(RAS-16) Palomar Street improvements from 1-5 to 1-805
(RAS-18) H St/4th Ave add WB-NB & EB-SB right turn lanes
(RAS-19) H St/4th Ave add WB-NB & EB-SB right turn lanes
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General Plan Impacts and Mitigations
(GP-l) E. St. from Marina Parkway to 1-5
(GP-2) Marina Parkway from E St. to J St.
(GP-3) L St. from Hilltop Drive to I-80S
Parkway (GP-4) Main St. from 1-5 to Broadway
(GP-5) Main St. from Broadway to Hilltop Dr.
(GP-6) Third Avenue from L St. to Palomar St.
(GP-7) H St. from Marina Parkway to 1-5
(GP-8) J St. from Marina Parkway to 1-5
Bicycle & Pedestrian Facilities Improvements (21 % WTDIF share per GPU)
(BP-l) Bayshore Bikeway (bike path) between E Street & F Streets
(BP-3) Industrial Blvd improvements & bike lanes from L St. to Main Street
(BP-6) Develop bicycle paths & pedestrian access to Third Avenue
Midbayfront Local Coastal Program Roadways
(Mid-I) E Street restripe to add EB-NB dual left turn to NB 1-5 on-ramp.
(Mid-2) I-5/E St. SB off-ramp widening to add fourth lane
(Mid-3) Bay Blvd 15' widening along Westerly Curb Line at E St. approach for ISB/3NB
(Mid-4) I-5/E St. NB widen off-ramp to add 3rd lane for Right Turn only lane
(Mid-5) E St revisions to median and North Curb Line east ofI-5 to add 3rd WE lane.
(Mid-6) Marina Parkway 4-lane from E St. to J St.
(Mid-7) E St./W oodlawn Ave EB-SB RT lane plus a Traffic Signal
(Mid-8) E St at Broadway add WE & EB LT lane + WB & EB RT only lane
plus a Traffic Signal & No R/W costs.
(Mid-9) F StlBroadway restriping to provide EB-SB & WB-NB RT lane
(Mid-IO) H Street wide:ning at Broadway for WB Thru & EB Thru & RT only.
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Other Roadways
(OR-I) N. 4th Avenue/Brisbane Ave traffic signal modifications
(OR-2) Second AvenuelD Street all-way stop installation
3.55.040 Territory to which fee alllllicable.
The area of the City of Chula Vista to which the fee herein established shall be applicable is the
territorial limits of the western portion of the City ofChula Vista ("territory") as defined above, as they
may from time to time be amended.
3.55.050 Establishment of a 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 western
portion of the City of Chula Vista. The WTDIF fee in the amounts set forth in CYMC 3.55.030 is
hereby established to pay for transportation improvements and facilities within the western portion of
the City of Chula Vista.
3.55.060 Determination of fees bv land use category.
A. 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. The density of the development type shall be based on the
number of dwelling units per gross acre for single-family or multifamily
residential and shall be based upon the densities identified on the approved
tentative map or approved tentative parcel map entitling the development
unless otherwise approved in writing by the City Manager's designee.
B. Commercial/office and industrial development projects shall be charged on a
per acre or per square footage basis. For purposes of this fee, gross acreage
and lor square footage as it applies to the commercial, industrial and office
development types, means all land area that the City Manager's designee
deems necessary within the boundary of the parcel or parcels of the
development proj ect for which building permits are being requested.
C. The fee multiplied by the total number of dwelling units, square footage or
acres within a given development project represents a developer's fair share
("fair share") for that development project.
3.55.070 Time to deten:niJJe 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. No building permit shall be issued unless the development impact fee is paid. The
fees shall be deposited into a WTDIF fund, which is hereby created, and shall be expended only for the
purposes set forth in this chapter. The Director of Finance is authorized to establish various accounts
within the fund for the various improvements and facilities identified in this chapter and to periodically
make expenditures from the fund for the purposes set forth herein in accordance with the facilities
phasing plan or capital improvement plan adopted by the City Council. The City Council finds that
collection of the fees established by this cha~llt the time of the building permit is necessary to
ensure that funds will be available for the construction of facilities concurrent with the need for those
facilities and to ensure certainty in the capital facilities budgeting for the western part of the City.
3.55.080 PUrDose and use of fee.
The fees collected shall be used by the City for the following purposes as determined by the City
Council:
1. To pay for the construction of facilities by the City, or to reimburse
the City for facilities installed by the City with funds from other
sources.
2. To reimburse developers who have been required by
CVMC3.55.150 A to install improvements that are major streets
and are listed in CVMC 3.55.030.
3. To reimburse developers who have been permitted to install
improvements pursuantto CVMC 3.55.150 B.
3.55.090 Amount of fee.
A. The fee shall be the amounts as set forth below in Table 1. The fee shall be adjusted on July I
of each year beginning in 2009. The annual inflation adjustment will be 2 % or based on
Caltrans highway construction cost index, whichever is higher. The program collects 2% of the
total improvement cost estimate for staff administration and an additional I % for SANDAG
Administrative costs.
B. Adjustments of the fee based upon the annual inflation adjustment or the Caltrans Highway
Construction Cost Index shall be automatic and shall not require further action by the City
Council. The WTDIF 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.
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Prollosed TDIF Fee lIer EDU: I $3,243.00
Land Use Classification I EDUs I TDIF Rate
RESIDENTIAL
Residential (LO W) 0-6 dwelling units ner acre I oer EDU $3,2431 DU
Residential (MED) 6.1 To 20 dwelling units lIer acre .8 per EDU $2,5941 DU
Residential (HIGH) Over 20 dwelling units lIer acre .6 per EDU $1,9461 DU
Mobile Home .5 per EDU $1,6221 DU
COMMERCIAL
Contain 1-5 major dept. stores & usually have
more than 50 tenants. Typically larger than 40
Re~ional Co=ercial acres. 20EDU/Acre $64,860 I Acre
Smaller in that size than regional. Contain junior
Dept. Store or variety Store,( Le. Target Center
with other co=ercial stores)as a major tenant
and have 15 to 50 other tenants. Smaller in size,
Co=unitv Co=ercial 8-20 acres. 28EDU/Acre $90,804/Acre
N el ahborhood Co=erclal Less than 10 acres. Includes supermarket and
drua store. Mav include office sllaces. 48 EDU/ Acre $155,6641 Acre
Neighborhood Co=ercial Same as above but in Souare Footaae 4.8 EDU/KSF $15,664/KSF
Commercial activities found along major streets,
Inot in a planned center with limited on-site
Street Front Commercial "arkina. 16EDU/Acre $51,888/Acre
Retail Co=ercial Soeoialtv Retail/Stri" Co=ercial 16EDU/Acre $S1,888/KSF
Usually located near transportation facilities.
Structures are usually large and cover majority of
~e parcel. Examples are clothing and supply,
Who lesale Trade also includes swa" meet areas. 24 EDU/ Acre $77,832/Acre
OFFICE
Hi <ili Rise Office More than 100,000 S.F. and 6+ Stories 60EDU/Acre $194,580 I Acre
Low Rise Office < 6 Stories 30 EDU/Acre $97,290/Acre
Low Rise Office (in thousands < 6 Stories
of souare feet) 2EDUIKSF $6,486 I KSF
Medical Office Medical and Dental Facilities 50 EDU/ Acre $162,1501 Acre
T ODGING
ow Rise HotellMotel < 4 Stories 20EDU/Acre $64,860 I Acre
u...ow Rise Hotel or Motel < 4 Stories I EDU/Room $3,243 I Room
{igh Rise Hotel >=4 Stories 30/EDU/Acre $97,290/Acre
INDUSTRY
Shipbuilding, airframe, and aircraft
manufacturing. Usually located next to
transportation facilities and co=ercial areas.
Heavv Industry Parcels are tvnlcally 20-50 Acre. 12EDU/Acre $38,916/ Acre
Usually large buildings located near freeways, $19,458iAcre
Warehouse IStorage industrial or stri" co=ercial areas. 6 EDU/ Acre
Office/industrial uses clustered into a center. The
rimari uses are industrial by may inciude high
oercentages of other uses in service or retail
Industrial Park activities. 9EDU/Acre $29,187/Acre
All other industrial uses and manufacturing not
Light Industrial included in cateaories abov2 - 9 20EDU/Acre $64,860 I Acre
Table 1
PROPOSED WTDIF FEE PER LAND USE CLASSIFICATION
3.55.100 Develooment pfojects exemnt from the fee.
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 co=unity 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 subj ect to the fee. In
the event that a court determines that the exemption herein extended to co=unity 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.
3.55.110 Authority fOf accountinl! and expenditures.
A. The fees collected shall be deposited into a Western Transportation Development Impact Fee
financing fund ("WTDIF fee fund," or "fund"), which is hereby created and shall be expended
only for the purposes set forth in this chapter.
B. The director of finance is authorized to establish a single fund for the various facilities
identified in this chapter and to periodically make expenditures from the fund for the purposes
set forth herein.
3.55.120 Findinl!s.
The City Council finds that:
A. Collection of the fee established by this chapter at the time of the building permit issuance is
necessary to provide funds for the transportation facilities identified in CYMC 3.55.030 and to
ensure certainty in the capital facilities budgeting for growth impacted public transportation
facilities; and
B. The purpose of the Fees hereby enacted prevents new development from reducing the quality
and availability of public transportation infrastructure facilities provided to residents of the City
by requiring new development to contribute to the cost of additional capital transportation
infrastructure improvements needed to meet the growth generated by such development; and
C. The revenue from the fees hereby enacted will be used to construct public facilities and
infrastructure and pay for other capital expenditures needed to . serve new development as
identified in the Engineer's Report dated February, 2008; and
D. Based on analysis presented in the Engineer's Report there is a reasonable relationship between
1. The use of the fees and the types of development projects on which they are imposed and
2. The need for facilities and the types of development proj ects on which the fees are imposed.
3. The amount of the fee and the cost of the public facility or portion of the public facility
attributable to the development on which the fee is imposed.
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3.55.130 Fee additional to other fees and char!!:es.
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
3.55.150 DevelolDer construction of translDortation 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 the
construction of a portion of a transportation facility identified in Section 3.55.030 the City
Council may impose an additional requirement that the developer install the improvements
with suppl=ental size, length or capacity in order to ensure efficient and timely construction
of the transportation facilities network. If such a requirement is imposed, the City Council
shall, in its discretion, enter into a reimbursement agreement with the developer, or give a
credit against the fee otherwise levied by this chapter on the development project, or some
combination thereof.
B. Whenever a developer requests reimbursement, or a credit against fees, for work to be done or
paid for by the developer under subsection (A) of this section, the request shall be submitted in
writing to the City Manager's designee.
1. The request shall contain a description of the project with a detailed cost estimate
which itemizes those costs of the construction attributable to the transportation facility
project and excludes any work attributable to a specific subdivision project. The
estimate is preliminary and the amount of reimbursement or credit against fees is
subject to final determination by the City Manager's designee. Additional information
shall be provided to the City by the developer upon request of the City.
2. Such reimbursement or credit against fees shall be subject to the following conditions:
a. Requirements of Developer.
i. Preparation of plans and specifications for approval by the City;
ii. Secure and dedicate any right-of-way required for tL'J.e transportation facility
project;
iii. Secure all required permits and environmental clearances necessary for the
transportation facility project;
iv. Provision of performance bonds (where the developer intends to utilize provisions
for immediate credit, the performance bond shall be for 100 percent of the value of the
transportation facility project);
v. Payment of all City fees and costs.
b. The City will not be responsible for any of the costs of constructing the
transportation facility project. The developer shall advance all necessary funds to construct the
transportation facility proj ect.
c. The developer shall secure at least three qualified bids for work to be done and shall
award the construction contract to the lowest qualified bidder. The developer may combine the
construction of the transportation facility project with other development-related work and
award one construction contract for the combined work based on a clearly identified process
for determining the low bidder, all as approved by the City Manager's designee. Should the
construction contract be awarded to a qualified bidder who did not submit the lowest bid for
the transportation facility project portion of the contract, the developer will only receive
transportation development impact fee credit based on the lowest bid for the transportation
facility portion of the contract. Any claims for additional payment for extra work or charges
shall be justified, shall be documented to the satisfaction of the City Manager's designee and
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shall only be reimbursed at the prices for similar work included in the lowest bid for the
transportation facility portion of the contract.
d. Upon complying with the conditions set forth in subsections (B)(l) and (B)(2)(a) of
this section as determined by the City and upon approval of the estimated cost by the City
Manager's designee, the developer shall be entitled to immediate credit for 50 percent of the
estimated cost of the construction attributable to the transportation facility project. Once the
developer has received valid bids for the project which comply with subsection (B)(2)(c) of
this section, entered into binding contracts for the construction of the project, and met the
conditions set forth in subsections (B)(1) and (B)(2)(a) of this section as determined by the
City, all of which have been approved by the City Manager's designee, the amount of the
immediate credit shall be increased to 75 percent of the bid amount attributable to the
transportation facility project. The immediate credits shall be applied to the developer's
obligation to pay transportation development impact fees for building permits issued after the
establishment of the credit. The developer shall specify these building permits to which the
credit is to be applied at the time the developer submits the building permit applications.
e. If the developer uses all of the immediate credit before final completion of the
transportation facility project, then the developer may defer payment of development impact
fees for other building permits by providing to the City liquid security such as cash.or an
irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the
remaining amount of the estimated cost of the transportation facility project.
f. 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 transportation facility proj ect
to the City. The City Manager's designee shall make the final determination on expenditures
which are eligible for credit or cash reimbursement.
g. After final determination of eligible expenditures has been made by the City
Manager's designee and the developer has complied with the conditions set forth in subsection
(B) of this section, the final amount of transportation development impact fee credits shall be
determined by the City Manager's designee. The developer shall receive credit against the
deferred fee obligation in an amount equal to the difference between the final expenditure
determination and the amount of the 75 percent immediate credit used, if any. The City shall
notify the developer of the final deferred fee obligation, and of the amount of the applicable
credit. If the amount of the applicable credit is less than the deferred fee obligation, then the
developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the
30-day period, the City may make a demand against the liquid security and apply the proceeds
to the fee obligation.
h. At the time building permits are issued for the developer's proj ect, the City will
incrementally apply credit which the developer has accrued in lieu of collecting the required
transportation development impact fees. The amount of the credit to be applied to each
building permit shall be based upon the fee schedule in effect at the time of the building permit
issuance. The City Manager's designee shall convert such credit to an EDU basis for
residential development and/or a gross acre basis for co=ercial or industrial development for
purposes of determining the amount of credit to be applied to each building permit.
i. !fthe total eligible construction cost for the transportation facility project is more than
the total transportation development impact fees which will be required for. the developer's
project, then the amount in excess of development impact fees will be paid in cash when funds
are available as determined by the City Manager; a reimbursement agreement will be executed;
or the developer may waive reimbursement and use the excess as credit against future
transportation development impact fee obijg~1;i9)OS. The City may, in its discretion, enter into
an agreement with the developer to convert~x~~s credit into EDU and/or gross acre credits for
use against future development impact fee obligations at the fee rate in effect on the date of the
agreement.
j. The requirements of this subsection (B) of this section may, in the City's discretion,
be modified through an agreement between the developer and the City and approved by City
Council.
C. \X/henever a transportation development impact fee credit is generated by
constructing a transportation facility using assessment district or co=unity
facilities district financing, the credit shall only be applied to the
transportation development impact fee obligations within that district.
3.55.160 Procedure for fee waiver or reduction.
A. Any developer who, because of the nature or type of uses proposed for a
development project, contends that application of the fee imposed' by this
chapter is unconstitutional, or unrelated to mitigation of the traffic needs or
burdens of the development, may apply to the City Council for a waiver,
reduction, or deferral of the fee. A development which is designed and
intended as a temporary use (10 years or less) and which is conducted in
facilities which are, by their nature, short-term interim facilities such as a
portable or modular building (including mobile homes, trailers, etc.) may
qualify for a waiver, reduction, or deferral. In addition, a deferral may be
granted on the basis of demonstrated economic hardship on the condition that:
(1) the use offers a significant public benefit; (2) the amount deferred bears
interest at a fair market rate so as to constitute an approximate value
equivalent to a cash payment; and (3) the amount deferred is adequately
secured by agreement with the applicant. Unless the requirement for timely
filing is waived by the City, 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 or 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 waiver or reduction.
B. The Ciry Council shall consider the application at a public hearing on same,
notice of which need not be published other than by description on the agenda
of the meeting at which the public hearing is held. Said public hearing should
be held within 60 days after its filing. The decision of the City Council shall
be final. If a deferral, reduction or waiver is granted, it should be granted
pursuant to an agreement with the applicant, and the property owner, if
different from the applicant, providing that any change in use within the
project shall subject the development to payment of the full fee. The procedure
provided by this section is additional to any other procedure authorized by law
for protesting or challenging the fee imposed by this chapter.
3.55.170 Exemptions.
Development projects by public agencies shall be exempt from the provisions of this fee. Exempt
development uses with the following characteristics or activities as a principal use of land, generally
described as "co=unity purpose facility" as defined above in CV11C Section 3.55.020.
2-13
3.55.180 Assessment districts.
If any assessment or special taxing district is established for any or all of the facilities listed in Section
3.55.030 the owner or developer of a project may apply to the City Council for a credit against the fee
in an amount equal to the development's attributable portion of the cost of the authorized
improvements as determined by the City Manager's designee, plus incidental costs normally occurring
. with a construction project, but excluding costs associated with assessment district proceedings or
financing.
3.55.190 Economic incentive credit.
The City Council may authorize the City to participate in the financing of transportation facility
projects or portions oftran.sportation facility projects as defined in Section 3.55.030 at the time of the
appropriation of funds by City Council for the construction of an eligible transportation facility, the .
City shall be eligible to receive a credit known hereafter as an economic incentive credit. Such
economic incentive credit may be applied to development impact fee obligations for those projects
which the City Council determines, in its sole discretion, to be beneficial to the City. The use of the
economic incentive credit may be subject to conditions which shall be set forth in a written agreement
between the developer of the project and the City and approved by City Council.
The City may receive economic incentive credit only for those eligible projects identified in Section
3.55.030 for amounts of funding not identified in the financial and engineering study "Western
Transportation Development Impact Fee" report dated February 2008.
3.55.195 Ftmd loans.
A.
B.
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 or upon resolution of the City Council 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.
Developer Loans. A developer may loan funds to the City as outlined
in CYMC 3.55.150. The City may repay said developer loans with
interest, under the terms listed in subsection (A) ofthis section.
3.55.200 Effective date.
This chapter shall become effective
SECTION 3: Effective Date
This Ordinance shall become effective 60 days after its second reading and adoption.
Presented by
Approved as to form by
Jack Griffin
Engineering and General Services Director
Ann~ - 'Yn.8 ~
City Attorney
2-14
ORDINANCE NO. ~NO {>.OOPi\ON
R~O\NG f".
ORDJNANCE OF THE CITY OF c~v...c~1ffi:A ACCEPTING
THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT
FEE REPORT (TF-358) PREPARED BY STAFF AND
ESTABLISHING . A WESTERN TRANSPORTATION
DEVELOPMENT Th1l'ACT FEE PROGRAM TO lYIITIGATE
TRANSPORTATION IMPACTS WITHIN WESTERN CHULA
VISTA JNCLUDJNG PROJECTS - 1-5-17, STM-36l, RAS-15 AND
BP-5
WHEREAS, the adoption of the City's General J?lan indicated that future grovvth was going to
occur in the City west ofI-805; and
WHEREAS, the traffic studies for the City's General Plan and the Urban Core Specific Plan
show the City's transportation network will be impacted by new development within the western
portion of the City unless new transportation facilities are added to acco=odate the new
development; and
WHEREAS, since January 1987, the City has had a program in place for the collection of a
transportation development impact fee for the financing of street improvements in the area east of
Interstate 805.
WHEREAS, the Engineer's Report establishes that the transportation facilities necessitated by
development within the western portion of the City comprise an integrated network; and
WHEREAS, the Western Transportation Development Impact Fee is solely based upon that
portion of the project costs which are attributable to new development; and
WHEREAS, on March 4, 2008, the City Council of the City of Chula Vista held a duly noticed
public hearing at which oral or written presentations regarding the Western Transportation
Development Impact Fee could be made; and
WHEREAS, pursuant to the Municipal Code and California Gove=ent Code Sections 66000,
et. seq., the City Council has accepted a report entitled "Engineer's Report for the Western
Transportation Development Impact Fee" ("Engineer's Report") dated February, 2008 that analyzed
the Western Transportation Development Impact Fee necessary to fund transportation facilities needed
to serve future development within the western portion of the City; and
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 defmed under Section 15378 of the State CEQA Guidelines; therefore,
pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and
WHEREAS, the City Council of the City of Chula Vista is placing this ordinance on its first
reading which will establish a development impact fee per equivalent dwelling unit (EDU) to finance
transportation facilities within the western portion of the City of Chula Vista; and
2-15
ORD#2
WHEREAS, pursuant to Government Code Section 66017(a), the fees proposed by this
ordinance will not become effective until sixty (60) days after its first reading; and
NOW, THEREFORE BE IT ORDAINED, thai: the City Council of the City of Chula Vista
does hereby adopt Chapter 3.55 of the Chula Vista Municipal Code relating to transportation
development impact fees to pay for various transportation facilities located on the westside of the City
as follows:
SECTION 1: Findings
The City Council finds, after consideration of the evidence presented to it including the "Engineer's
Report for the Western Transportation Development Impact Fee" dated February, 2008, that the
creation of a transportation development impact fee is necessary in order to assure that there are
sufficient funds available to finance the transportation facilities necessary to serve development west
ofI-805; and
The City Council finds that new development within the western portion of the City of Chula Vista
should be required to mitigate the burden created by development through the construction of
transportation facilities; and
The City Council finds, based on the evidence presented at the public hearing, and consistent with the
City's General Plan, and the various reports and information received by the City Council in the
ordinary course of its business, that the imposition of traffic impact fees on all development within the
western portion of 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
transportation facilities to assure effective implementation of the City's General Plan; and
The City Council finds that the amount of the proposed fees levied by this ordinance does not exceed
the estimated cost of providing the transportation facilities.
SECTION 2: Chapter 3.55 of the Chula Vista Municipal Code is hereby adopted and shall read as
follows:
3.55.010 General intent.
The City's General Plan Land Use and Transportation Element requires that adequate public facilities
be available to acco=odate 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 transportation facilities which must be mitigated by the financing and construction of
certain public transportation facilities which are the subject of this chapter. New development
contributes to the cumulative burden on these public transportation facilities in direct relationship to
the amount of vehicular traffic and population generated by the development or the gross acreage of
the co=ercial or industrial land in the development.
The City Council has determined that a reasonable means of financing the public transportation
facilities is to charge a fee on all developments within the western portion of the City. imposition of
the Western Transportation Development Impact Fee on all new development for which building
2-16
permits have not yet been issued is necessary in order to protect the public health, safety and welfare,
thereby ensuring effective implementation of the City's General Plan.
3.55.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be construed as defined herein,
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.
B. "City Engineer" means the City Engineer, the City Engineer's designee or the
City Manager's designee.
C. "Density" means dwelling units per gross acre identified for each planning
area shown on the approved tentative map or approved tentative parcel map or
as determined by the City Manager's designee.
D. "Developer" means the owner or developer of a development.
E. "Development permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the City. .
F. "Development project" or "development" means any activity described as the
following:
1. Arly new residential dwelling unit developed on vacant land;
2. Arly new connercialloffice or industrial development constructed on vacant land;
3. Arly expansions to established developments or new developments on nonvacant land in
those land use categories listed in subsections (F)( 1) 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. Arly new or expanding special land use project;
5. Arly special purpose proj ect 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. Arly other development project not listed above but described in Section 65927 and
65928 of the State Government Code.
"Connunity 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 Arlonymous 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.
H. "Western portion of the City of Chula Vista" generally means that area of the
City located between the City boundary on the west, Interstate 805 on the east,
the City boundary on the north and the City's boundary on the south, as shown
on the map entitled "Figure 1" of the Engineering study.
1. "Engineering study" and "Engineer's Report" means the Engineer's Report for
the Western Transportation Development Impact Fee dated February, 2008
and prepared by City staff on file in the Office of the City Clerk.
J. "Regional Arterial System" (RAS) RAS roadways are generally described as
those facilities that act as a critical link in providing direct connections
between co=unities i~g system continuity and congestion relief in high
OROll2
volume corridors. They are roadways that are listed in the most recent edition
of SANDAG's Regional Transportation Plan
K. "Special land use" means any nomesidential, non-coIilmercialJoffice or
nonindustrial development project (e.g., Olympic Training Center, hospitals,
utilities), or non-special purpose proj ect.
1. "Special purpose project" means any for-profit co=unity purpose facility
(e.g., day care).
3.55.030 Public transDortation facilities to be financed bv the fee.
A. The public transportation facilities ("facilities") which are the subj ect matter of the fee, are
listed below as detailed in subsection C of this section and in the Engineer's Report on file in
the Office of the City Clerk.
B. The City Council may modify or amend the list of projects in order to maintain compliance
with the circulation element of the City's General Plan.
C. The facilities are as follows:
1. (1-5-1) 1-5/E Str"et NB off-ramp restriping add lane
2. (1-5-2) 1-5/E Street/Bay Blvd SB off-ramp restriping add lane
3. (1-5-3) 1-5/NB ramp widening at E, H, J, Ind., Palomar & Main Sts (21 %)
4. (1-5-4) E Street bridge widening over 1-5 (250' X 20' X $350/sf)
5. (1-5-5) F Street bridge widening over 1-5 (250' X 20' X $3501sf
6. (1-5-6) I-5/H Street NB off-ramp restriping add lane
7. (I-5-7) I"5/H Street SB off-ramp restriping add lane
8. (1-5-8) H Street bridge widening over 1-5 (200'X40'X$350/sf)
9. (1-5-9) I-5/J Street NB off-ramp restriping add lane
10. (I-5-10) I-5/J Street undercrossing widening add EB-NB (175x20X$350)
11. (I-5-Il) L Street bridge widening over 1-5 (S/W for peds 300' X 12')(21 %)
12. (1-5-12) 1-5/Bay Blvd (south ofL St.) SB on/off ramps traffic signal
13. (I-5-13) 1-5/Industrial Blvd NB on/off ramps traffic signal
14. (I-5-l4) I-5/Palomar Street bridge widening (275lfX 50lfX $350/sf)
15. (I-5-15) I-5/Main Street NB on/off ramps traffic signal (CV share $120k)
16. (I-5-16) 1-5/Main Street bridge widening (275lfX 20liX $350/sf)
17. (1-5-17) 1-5 HOV & Managed Lanesfrom SR905 to SR54 (63.4% in 0)
18. STM 361
2-18
ORD#2
a. 1-5 Multi-Modal Corridor Study (80% Fed. DEMO funds)
b. (SANDAG cost estimate is $4.3M & CV share TBD.)
Interstate-805 Improvements
19. (I-80S-I) NB on-ramp widening & metering at Bonita, East H St (EB-NB),
Telegraph Canyon Road (Project 1-805-1 is 100% funded in 2006 RTIP with State
funds.)
State Route 54 Improvements
20. (SR-54-1) SR-54 VIE off-ramp restripe at Broadway
21. (SR-54-2) SR-54 EB off-ramp at N. Fourth Avenue - add ramp lane
Regional Arterial System (RAS) Projects
22. (RAS-1) Bonita Road from First Avenue to 1-805
23. (RAS-2) Broadway from C Street to south of Main Street (City Limits)
24. (RAS-3) E Street improvements - First Ave to Bonita RoadiE. Flower St
25. (RAS-4) E Street improvements, 1-5 to 300' east ofNE ramp
26. (RAS-5) E Street LRT grade separation (underpass LRT option)
27. (RAS-6) H Street LRT grade separation (underpass LRT option)
28. (RAS-7) H Street at Broadway EB queue jumper lane & traffic signal modifications
29. (RAS-8) H Street 14' -wide median & street light improvements (same as RAS-9)
30. (RAS-9) H Street widening to 6-lanes from Interstate-5 to Broadway
31. (RAS-10) H Street improvements from Second Ave to Hilltop Drive
32. (RAS-11) East H St. north side improvements from Hilltop Dr. to I-80S
33. (RAS-12) L Street/Bay Blvd traffic signal & add turn lanes
34. (RAS-13) L Street improvements south side west of Industrial Blvd
35. (RAS-14) Telegraph Canyon Road at I-80S south side sidewalk
36. (BAS-I5) Orange A venue from Palomar Street to Hilltop Drive
37. (RAS-I6) Palomar Street improvements from 1-5 to I-80S
38. (RAS-18) H St/4th Ave add VIE-NB & EB-SB right turn lanes
2-19
ORD # 2
39. (RAS-19) H St/4th Ave add WB-NB & EB-SB right turn lanes
General Plan Impacts and Mitigations
40. (GP-1) E. St. from Marina to I-5
41. (GP-2) Marina Parkway from E-J St.
42. (GP-3) L St. from Hilltop to I-805
43. (GP-4) Main St. from I-5 to Broadway
44. (GP-5) Main St. from Broadway to Hilltop Dr.
45. (GP-6) Third Avenue from L St. to Palomar St.
46. (GP-?) H St. from Marina to I-5
47. (GP-8) J St. from Marina to I-5
Bicycle & Pedestrian Facilities Improvements (21 % WTDJ1i' share per GPU)
48. (BP-1) Bayshore Bikeway (bike path) between E Street & F Streets
49. (BP-3) Industrial Blvd improvements & bike lanes from L St. to Main Street
50. (lJP-5) Orange Ave. bike lanes from Palomar Sf. to Hilltop Drive
51. (BP-6) Develop bicycle paths & pedestrian access to Third Avenue
Midbayfront Local Coastal Program Roadways
52. (Mid-I) E Street restripe to add EB-NB dual left turn to NB I-5 on-ramp.
53. (Mid-2) I-5/E St. SB off-ramp widening to add fourth lane
54. (Mid-3) Bay Blvd 15' widening along Westerly Curb Line at E St. approach for
lSB/3NB
55. (Mid-4) I-5/E St. NB 'N'iden off-ramp to add 3rd lane for Right Tum only lane
56. (Mid-5) E St revisions to median and North Curb Line east of I-5 to add 3rd WE
lane.
57. (Mid-6) Marina Parkway 4-lane from E St. to J St.
58. (Mid-7) E St./Woodlawn Ave EB-SB RT lane plus a Traffic Signal)
59. (Mid-8) E St. at Broadway add WE & EB L T lane + WB & EB RT only lane. plus
a Traffic Signal & No RIW costs.
60. (Mid-9) F StlBroadway restriping to p~ EB-SB & WB-NB RT lane
61. (1vfid-IO) H Street widening at Broadway for VVB Thru & EB Thru & RT only.
Other Roadways
62. (OR-I) N. 4th Avenue/Brisbane Ave traffic signal modifications
63. (OR-2) Second AvenuelD Street all-way stop installation
3.55.040 Territorv to which fee annlicable.
The area of the City of Chula Vista to which the fee herein established shall be applicable is the
territorial limits of the western portion of the City of Chula Vista ("territory") as defined above, as they
may from time to time be amended.
3.55.050 Establishment of a 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 ofbuilding permits for each development project within the western
portion of the City of Chula Vista. The WIDIF fee in the amounts set forth in CVMC 3.55.030 is
hereby established to pay for transportation improvements and facilities within the western portion of
the City of Chula Vista.
3.55.060 Determination of fees bv land use catel!:orv.
A. F or 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. The density of the development type shall be based on the
number of dwelling units per gross acre for single-family or multifamily
residential and shall be based upon the densities identified on the approved
tentative map or approved tentative parcel map entitling the development
unless otherwise approved in writing by the City Manager's designee.
B. Co=ercialloffice and industrial development projects shall be charged on a
per acre or per square footage basis. For purposes of this fee, gross acreage
and lor square footage as it applies to the co=ercial, industrial and office
development types, means all land area that the City Manager's designee
deems necessary within the boundary of the parcel or parcels of the
development project for which building permits are being requested.
C. The fee multiplied by the total number of dwelling units, square footage or
acres within a given development project represents a developer's fair share
("fair share'') for that development proj ect.
3.55.070 Time to determine 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. No building permit shall be issued unless the development impact fee is paid. The
fees shall be deposited into a WTDIF fund, which is hereby created, and shall be expended only for the
purposes set forth in this chapter. The Director of Finance is authorized to establish various accounts
within the fund for the various improvements and facilities identified in this chapter and to periodically
make expenditures from the fund for the purposes set forth herein in accordance with the facilities
phasing plan or capital improvement plan ado~~~y the City Council. The City Council finds that
collection of the fees established by this chapter at the time of the building permit is necessary to
ensure that funds will be available for the construction of facilities concurrent with the need for those
facilities and to ensure certainty in the capital facilities budgeting for the western part of the City.
2-22
3.55.080 Puroose and use of fee.
The fees collected shall be used by the City for the following purposes as determined by the City
Council:
1. To pay for the construction of facilities by the City, or to reimburse
the City for facilities installed by the City with funds from other
sources.
2. To reimburse developers who have been required by
CVMC3.55.150 A to install improvements that are major streets
and are listed in CVMC 3.55.030.
3. To reimburse developers who have been permitted to install
improvements pursuant to CVMC 3.55.150 B.
3.55.090 Amount of fee.
A. The fee shall be the amounts as set forth below in Table 1. The fee shall be adjusted on July I
of each year beginning in 2009. The annual inflation adjustment will be 2 % or based on
Caltrans highway construction cost index, whichever is higher. The program collects 2% of the
total improvement cost estimate for staff administration and an additional 1 % for SANDAG
Administrative costs.
B. Adjustments of the fee based upon the annual inflation adjustment or the Caltrans Highway
Construction Cost Index shall be automatic and shall not require. further action by the City
Council. The WIDIF 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.
2-23
ORD # 2
PraDosed TDIF Fee Der EnU: I $3,243.00
" - " -. . ,.-- "".-,~.. ...., '~""'-~~'_:: """.- " '" .
Land' Use Classification' EDUs TDIF Rate
RESIDENTIAL
Residential (LOW) 0-6 dwellino units per acre 1 Der EDU $3,243 I DU
Residential (MED) 6.1 To 20 dwellino units per acre .8 per EDU $2,5941 DU
Residential rHTGH) Over 20 dwellino units per acre .6 per EDU $1,946/DU
Mobile Home .5 per EDU $1,6221 DU
COMMERCIAL
Contain 1-5 major dept. stores & usually have
IRelrional Commercial more than 50 tenants. Typically larger than 40
acres. 20EDUlAcre $64,860 I Acre
Smaller in that size than regional. Contain junior
Dept. Store or variety Store,( i.e. Target Center
with other commercial stores)as a major tenant
and have 15 to 50 other tenants. Smaller in size,
Community Commercial 8-20 acres. 28EDU/Acre $90,804 I Acre
~ ei~borhood Commercial Less than 10 acres. Includes supermarket and
drug store. Mav include office spaces. 48EDU/Acre $155,664 I Acre
~eiahborhood Commercial Same as above but in Square Footaoe 4.8EDU/KSF $15,664/KSF
Commercial activities found along major streets,
not in a planned center with limited on-site
Street Front Commercial parkina. 16EDU/Acre $S1,888/Acre
Ketail Commercial Soecialtv Retail/Stri" Commercial l6EDU/Acre $51,888/KSF
Usually located near transportation facilities.
Structures are usually large and cover majority of
Wholesale Trade the parcel. Examples are clothing and supply,
also includes swan meet areas. 24EDU/Acre $77,832/ Acre
OFFICE
High Rise Office More than 100,000 S.F. and 6+ Stories 60EDU/Acre $194,580 I Acre
Low Rise Office < 6 Stories 30EDU/Acre $97,290 I Acre
Low Rise Office (in thousands < 6 Stories
of square feet) 2EDU/KSF $6,486 I KSF
Medical Office Medical and Dental Facilities 50EDU/Acre $162,150 I Acre
LODGING
LOW Rise HoteVMotel < 4 Stories 20EDU/Acre $64,860 I Acre
Low Rise Hotel or Motel < 4 Stories I EDU/Room $3,243 I Room
High Rise Hotel >=4 Stories 30/EDU/Acre $97,290 I Acre
INDUSTRY
Shipbuilding, airframe, and aircraft
Imanufacturing. Usually located next to
transportation facilities and commercial areas.
lHeavy IndustrY IParcels are tvuically 20-50 Acre. 12 EDU/ Acre $38,916/Acre
!warehouse IStoraae IV sually large buildings located near freeways,
industrial or &trio commercial areas. 6EDU/Acre $19,458 I Acre
Office/industrial uses clustered into a center. The
primary uses are industrial by may include high
percentages of other uses in service or retail
Industrial Park activities. 9 EDU/ Acre $29,187/Acre
Light Industrial All other industrial uses and manufacturing not
included in cate.ories above. 2 - 2 4 20EDU/Acre $64,860 I Acre
Table 1
PROPOSED WTDIF FEE PER LAND USE CLASSIFICATION
3.55.100 Development proiects exempt from the fee.
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. Connunity purpose facilities which are not operated for profit ("nonprofit connunity purpose
facilities") are also exempt inasmuch as these institutions provide benefit to the co=unity 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
connunity purpose facilities might have to the other land use categories subj ect to the fee. In
the event that a court determines that the exemption herein extended to connunity purpose
facilities shall for any reason be invalid, the City Council hereby allocates the nonprofit
connunity 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 connerciallindustrial acreage.
3.55.110 Authority for accountin!! and exnenditures.
A. The fees collected shall be deposited into a Western Transportation Development Impact Fee
financing fund ("WTDIF fee fund," or "fund"), which is hereby created and shall be expended
only for the purposes set forth in this chapter.
B. The director of finance is authorized to establish a single fund for the various facilities
identified in this chapter and to periodically make expenditures from the fund for the purposes
set forth herein.
3.55.120 Findi.n!!s.
The City Council finds that:
A. Collection of the fee established by this chapter at the time of the building permit issuance is
necessary to provide funds for the transportation facilities identified in CYMC 3.55.030 and to
ensure certainty in the capital facilities budgeting for growth impacted public transportation
facilities; and
B. The purpose of the Fees hereby enacted prevents new development from reducing the quality
and availability of public transportation infrastructure facilities provided to residents of the City
by requiring new development to contribute to the cost of additional capital transportation
infrastructure improvements needed to meet the growth generated by such development; and
C. The revenue from the fees hereby enacted will be used to construct public facilities and
infrastructure and pay for other capital expenditures needed to serve new development as
identified in the Engineer's Report dated February, 2008; and
D. Based on analysis presented in the Engineer's Report there is a reasonable relationship between
1. The use of the fees and the types of development projects on which they are imposed and
2. The need for facilities and the types of development projects on which the fees are imposed.
3. The amount of the fee and the cost of the public facility or portion of the public facility
attributable to the development on which the fee is imposed.
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ORD#2
3.55.130 Fee additional to other fees and chal'2:es.
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
3.55.150 Develooer construction of transportation 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 the
construction of a portion of a transportation facility identified in Section 3.55.030 the City
Council may impose an additional requirement that the developer install the improvements
with supplemental size, length or capacity in order to ensure efficient and timely construction
of the transportation facilities network. If such a requirement is imposed, the City Council
shall, in its discretion, enter into a reimbursement agreement with the developer, or give a
credit against the fee otherwise levied by this chapter on the development project, or some
combination thereof.
B. Whenever a developer requests reimbursement, or a credit against fees, for work to be done or
paid for by the developer under subsection (A) of this section, the request shall be submitted in
writing to the City Manager's designee.
1. The request shall contain a description of the project with a detailed cost estimate
which itemizes those costs of the construction attributable to the transportation facility
project and excludes any work attributable to a specific subdivision project. The
estimate is preliminary and the amount of reimbursement or credit against fees is
subject to final determination by the City Manager's designee. Additional information
shall be provided to the City by the developer upon request of the City.
2. Such reimbursement or credit against fees shall be subject to the following conditions:
a Requirements of Developer.
i. Preparation of plans and specifications for approval by the City;
ii. Secure and dedicate any right-of-way required for the transportation facility
project;
iii. Secure all required permits and environmental clearances necessary for the
transportation facility project;
iv. Provision of performance bonds (where the developer intends to utilize provisions
for immediate credit, the performance bond shall be for 100 percent of the value of the
transportation facility project);
v. Payment of all City fees and costs.
b. The City will not be responsible for any of the costs of constructing the
transportation facility project. The developer shall advance all necessary funds to construct the
transportation facility project.
c. The developer shall secure at least three qualified bids for work to be done and shall
award the construction contract to the lowest qualified bidder. The developer may combine the
construction of the transportation facility project with other development-related work and
award one construction contract for the combined work based on a clearly identified process
for determining the low bidder, all as approved by the City Manager's designee. Should the
construction contract be awarded to a qualified bidder .who did not submit the lowest bid for
the transportation facility project portion of the contract, the developer will only receive
transportation development impact fee credit based on the lowest bid for the transportation
facility portion of the contract. Any claims for additional payment for extra work or charges
shall be justified, shall be documented to the satisfaction of the City Manager's designee and
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shall only be reimbursed at the prices for similar work included in the lowest bid for the
transportation facility portion of the contract.
d. Upon complying with the conditions set forth in subsections (B)(l) and (B)(2)(a) of
this section as determined by the City and upon approval of the estimated cost by the City
Manager's designee, the developer shall be entitled to immediate credit for 50 percent of the
estimated cost of the construction attributable to the transportation facility project. Once the
developer has received valid bids for the project which comply with subsection (B)(2)(c) of
this section, entered into binding contracts for the construction of the project, and met the
conditions set forth in subsections (B)(l) and (B)(2)(a) of this section as determined by the
City, all of which have been approved by the City Manager's designee, the amount of the
immediate credit shall be increased to 75 percent of the bid amount attributable to the
transportation facility project. The immediate credits shall be applied to the developer's
obligation to pay transportation development impact fees for building permits issued after the
establishment of the credit. The developer shall specify these building permits to which the
credit is to be applied at the time the developer submits the building permit applications.
e. If the developer uses all of the immediate credit before final completion of the
transportation facility project, then the developer may defer payment of development impact
fees for other building permits by providing to the City liquid security such as cash or an
irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the
re1J1~iT1iT1g amount of the estimated cost of the transportation facility project.
f. 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 transportation facility project
to the City. The City Manager's designee shall make the final determination on expenditures
which are eligible for credit or cash reimbursement.
g. After final determination of eligible expenditures has been made by the City
Manager's designee and the developer has complied with the conditions set forth in subsection
(B) of this section, the final amount of transportation development impact fee credits shall be
determined by the City Manager's designee. The developer shall receive credit against the
deferred fee obligation in an amount equal to the difference between the final expenditure
determination and the amount of the 75 percent immediate credit used, if any. The City shall
notify the developer of the final deferred fee obligation, and of the amount of the applicable
credit. If the amount of the applicable credit is less than the deferred fee obligation, then the
developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the
3D-day period, the City may make a demand against the liquid security and apply the proceeds
to the fee obligation.
h. At the time building permits are issued for the developer's project, the City will
incrementally apply credit which the developer has accrued in lieu of collecting the required
transportation development impact fees. The amount of the credit. to be applied to each
building permit shall be based upon the fee schedule in effect at the time of the building permit
issuance. The City Manager's designee shall convert such credit to an EDU basis for
residential development and/or a gross acre basis for co=ercial or industrial development for
purposes of determining the amount of credit to be applied to each building permit.
i. If the total eligible construction cost for the transportation facility proj ect is more than
the total transportation development impact fees which will be required for the developer's
project, then the amount in excess of development impact fees will be paid in cash when funds
are available as determined by the City Manager; a reimbursement agreement will be executed;
or the developer may waive reimbursement and use the excess as credit against future
transportation development impact fee obligations. The City may, in its discretion, enter into
an agreement with the developer to conv~Ness credit into EDU and/or gross acre credits for
ORD I! 2
use against future development impact fee obligations at the fee rate in effect on the date of the
agreement
j. The requirements of this subsection (B) of this section may, in the City's discretion,
be modified through an agreement between the developer and the City and approved by City
Council.
C. Whenever a transportation development impact fee credit is generated by
constructing a transportation facility using assessment district or co=unity
facilities district financing, the credit shall only be applied to the
transportation development impact fee obligations within that district.
3.55.160 Procedure for fee waiver or reduction.
A. Any developer who, because of the nature or type of uses proposed for a
development project, contends that application of the fee imposed by this
chapter is unconstitutional, or unrelated to mitigation of the traffic needs or
burdens of the development, may apply to the City Council for a waiver,
reduction, or deferral of the fee. A development which is designed and
intended as a temporary use (10 years or less) and which is conducted in
facilities which are, by their nature, short-term interim facilities such as a
portable or modular building (including mobile homes, trailers, etc.) may
. qualify for a waiver, reduction, or deferral. In addition, a deferral may be
granted on the basis of demonstrated economic hardship on the condition that:
(1) the use offers a significant public benefit; (2) the amount deferred bears
interest at a fair market rate so as to constitute an approximate value
equivalent to a cash payment; and (3) the amount deferred is adequately
secured by agreement with the applicant. Unless the requirement for timely
filing is waived by the City, 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 or the proj ect 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 waiver or reduction.
B. The City Council shall consider the application at a public hearing on same,
notice of which need not be published other than by description on the agenda
of the meeting at which the public hearing is held. Said public hearing should
be held within 60 clays after its filing. The decision of the City Council shall
be final. If a deferral, reduction or waiver is granted, it should be granted
pursuant to an agreement with the applicant, and the property owner, if
different from the applicant, providing that any change in use within the
project shall subject the development to payment of the full fee. The procedure
provided by this section is additional to any other procedure authorized by law
for protesting or challenging the fee imposed by this chapter.
3.55.170 ExemDtions.
Development projects by public agencies shall be exempt from the provisions of this fee. Exempt
development uses with the follovving characteristics or activities as a principal use of land, generally
described as "co=unity purpose facility" as defined above in CVMC Section 3.55.020.
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3.55.180 Assessment districts.
If any assessment or special taxing district is established for any or all of the facilities listed in Section
3.55.030 the owner or developer of a project may apply to the City Council for a credit against the fee
in an amount equal to the development's attributable portion of the cost of the authorized
improvements as determined by the City Manager's designee, plus incidental costs normally occurring
with a construction project, but excluding costs associated with assessment district proceedings or
financing.
3.55.190 Economic incentive credit.
The City Council may authorize the City to participate in the financing of transportation facility
projects or portions of transportation facility projects as defined in Section 3.55.030 at the time of the
appropriation of funds by <:;ity Council for the construction of an eligible transportation facility, the
City shall be eligible to receive a credit known hereafter as an economic incentive credit. Such
economic incentive credit may be applied to development impact fee obligations for those projects
which the City Council determines, in its sole discretion, to be beneficial to the City. The use of the
economic incentive credit may be subj ect to conditions which shall be set forth in a written agreement
between the developer of the project and 'the City and approved by City Council.
The City may receive economic incentive credit only for those eligible projects identified in Section
3.55.030 for amounts of funding not identified in the financial and engineering study "Western
Transportation Development Impact Fee" report dated February 2008.
3.55.195 FlU!d loans.
A.
B.
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 or upon resolution of the City Council 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.
Developer Loans. A developer may loan funds to the City as outlined
in CYMC 3.55.150. The City may repay said developer loans with
interest, under the terms listed in subsection (A) of this section.
3.55.200 Effective date.
This chapter shall become effective
SECTION 3: Effective Date
This Ordinance shall become effective 60 days after its second reading and adoption.
Presented by
Approved as to form by
(A-~
Ann Moore'
City Attorney
Jack Griffin
Engineering and General Services Director
2-29
2-30
ORDINANCE NO. D ~DOP1\O~
E.~D\~G ~~
ORDINANCE OF THE CITY OF C~~JtA ACCEPTING
THE VVESTERN TRANSPORTATION DEVELOPMENT IMPACT
FEE REPORT (TF-358) PREPARED BY STAFF AND
ESTABLISHING A VVESTERN TRANSPORTATION
DEVELOPMENT IMPACT FEE PROGRAM TO MITIGATE
TRANSPORTATION IMPACTS WITHIN VVESTERN CHULA
VISTA INCLUDING PROJECTS - I-805-2, RAS-17 AND BP-4
WHEREAS, the adoption of the City's General plan indicated that future growth was going to
occur in the City west ofI-805; and
WHEREAS, the traffic studies for the City's General Plan and the Urban Core Specific Plan
show the City's transportation network will be impacted by new development within the western
portion of the City unless new transportation facilities are added to acconnodate the new
development; and
WHEREAS, since January 1987, the City has had a program in place for the collection of a
transportation development impact fee for the financing of street" improvements in the area east of
Interstate 805.
WHEREAS, the Engineer's Report establishes that the transportation facilities necessitated by
development within the western portion of the City comprise an integrated network; and
WHEREAS, the Western Transportation Development Impact Fee is solely based upon that
portion of the project costs which are attributable to new development; and
WHEREAS, on March 4, 2008, the City Council of the City of Chula Vista held a duly noticed
public hearing at which oral or written presentations regarding the Western Transportation
Development Impact Fee could be made; and
WHEREAS, pursuant to the Munlcipal Code and California Government Code Sections 66000,
et. seq., the City Council has accepted a report entitled "Engineer's Report for the Western
Transportation Development Impact Fee" ("Engineer's Report") dated February, 2008 that analyzed
the Western Transportation Development Impact Fee necessary to fund transportation facilities needed
to serve future development within the western portion of the City; and
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; and
WHEREAS, the City Council of the City of Chula Vista is placing this ordinance on its first
reading which will establish a development impact fee per equivalent dwelling unit (EDU) to finance
transportation facilities within the western portion of the City of Chula Vista; and
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ORD#3
WHEREAS, pursuant to Gove=ent Code Section 66017(a), the fees proposed by this
ordinance will not become effective until sixty (60) days after its fust reading; and
NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista
does hereby adopt Chapter 3.55 of the Chula Vista Municipal Code relating to transportation
development impact fees to pay for various transportation facilities located on the westside of the City
as follows:
SECTION 1: Findings
The City Council finds, after consideration of the evidence presented to it including the "Engineer's
Report for the Western Transportation Development Impact Fee" dated February, 2008, that the
creation of a transportation development impact fee is necessary in order to assure that there are
sufficient funds available to finance the transportation facilities necessary to serve development west
ofI-805; and
The City Council finds that new development within the western portion of the City of Chula Vista
should be required to mitigate the burden created by development through the construction of
transportation facilities; and
The City Council finds, based on the evidence presented at the public hearing, and consistent with the
City's General Plan, and the various reports and information received by the City Council in the
ordinary course of its business, that the imposition of traffic impact fees on all development within the
western portion of 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
transportation facilities to assure effective implementation of the City's General Plan; and
The City Council fmds that the amount of the proposed fees levied by this ordinance does not exceed
the estimated cost of providing the transportation facilities.
SECTION 2: Chapter 3.55 of the Chula Vista Municipal Code is hereby adopted and shall read as
follows:
3.55.010 General intent.
The City's General Plan Land Use and Transportation Element requires that adequate public facilities
be available to acco=odate 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 transportation facilities which must be mitigated by the financing and construction of
certain public transportation facilities which are the subject of this chapter. New development
contributes to the cumulative burden on these public transportation facilities in direct relationship to
the amount of vehicular traffic and population generated by the development or the gross acreage of
the co=ercial or industrial land in the development
The City Council has determined that a reasonable means of financing the public transportation
facilities is to charge a fee on all developments ,vithin the western portion of the City. imposition of
the Western Transportation Development Impact Fee on all new development for which building
. 2-32
permits have not yet been issued is necessary in order to protect the public health, safety and welfare,
thereby ensuring effective implementation of the City's General Plan.
3.55.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be construed as defined herein,
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.
B. "City Engineer" means the City Engineer, the City Engineer's designee or the
City Manager's designee.
C. "Density" means dwelling units per gross acre identified for each planning
area shown on the approved tentative map or approved tentative parcel map or
as determined by the City Manager's designee.
D. "Developer" means the owner or developer of a development.
E. "Development permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the City.
F. "Development project" or "development" means any activity described as the
following:
1. Any new residential dwelling unit developed on vacant land;
2. Any new connercialJoffice 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 (F)(1) 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 Gove=ent Code.
"Connunity 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 schoo Is;
4. Day care;
5. Senior care and recreation;
6. Worship, spiritual growth and development.
H. "Western portion of the City of Chula Vista" generally means that area of the
City located between the City boundary on the west, Interstate 805 on the east,
the City boundary on the north and the City's boundary on the south, as shown
on the map entitled "Figure I" of the Engineering study.
I. "Engineering study" and "Engineer's Report" means the Engineer's Report for
the Western Transportation Development Impact Fee dated February, 2008
and prepared by City staff on file in the Office of the City Clerk.
J. "Regional Arterial System" (RAS) RAS roadways are generally described as
those facilities that act as a critical link in providing direct connections
between connunities ~g system continuity and congestion relief in high
ORD # 3
volume corridors. They are roadways that are listed in the most recent edition
of SANDAG' s Regional Transportation Plan
K. "Special land use" means any nonresidential, non-co=ercialloffice or
nonindustrial development project (e.g., Olympic Training Center, hospitals,
utilities), or non-special purpose proj ect
1. "Special purpose project" means any for-profit co=unity purpose facility
(e.g., day care).
3.55.030 Public transJlortation facilities to be financed by the fee.
A. The public transportation facilities ("facilities") which are the subject matter of the fee, are
listed below as detailed in subsection C of this section and in the Engineer's Report on file in
the Office of the City Clerk.
B. The City Council may modify or amend the list of projects in order to maintain compliance
with the circulation element of the City's General Plan.
C. The facilities are as follows:
1. (I-5-l) I-51E Street NB off-ramp restriping add lane
2. (I-5-2) I-51E StreetJBay Blvd SB off-ramp restriping add lane
3. (I-5-3) I-SINE ramp widening at E, H, J, Ind., Palomar & Main Sts (21 %)
4. (I-5-4) E Street bridge widening over 1-5 (250' X 20' X $350/sf)
5. (I-5-5) F Street bridge widening over 1-5 (250' X 20' X $350/sf
6. (I-5-6) I-5/H Street NB off-ramp restriping add lane
7. (I-5-7) I-5/H Street SB off-ramp restriping add lane
8. (I-5-8) H Street bridge widening over 1-5 (200'X40'X$350/sf)
9. (I-5-9) 1-5/1 Street NB off-ramp restriping add lane
10. (I-5-10) I-5/J Street undercrossing widening add EB-NB (175x20X$350)
11. (I-5-11) L Street bridge widening overI-5 (SIW for peds 300' X 12')(21 %)
12. (I-5-l2) I-5/Bay Blvd (south ofL St.) SB onlofframps traffic signal
13. (1-5-13) I-5/Industrial Blvd NB onlofframps traffic signal
14. (I-5-14) I-5/Palomar Street bridge widening (275lfX 50lfX $350/sf)
15. (I-5-15) I-5/Main Street NB onlofframps traffic signal (CV share $120k)
16. (1-5-16) I-5/Main Street bridge widening (275lfX 20lfX $350/sf)
17. (1-5-17)1-5 HOV & Managed Lanesfrom SR905 to SR54 (63.4% in CVJ
18. STM 361
2-34
a I.S Multi-Modal Corridor Study (80% Fed. DEMO funds)
b. (SANDAG cost estimate is $4.3M & CV share TBD.)
Interstate-80S Improvements
19. (I-80S-I) NB on-ramp widening & metering at Bonita, East H St (EB-NB),
Telegraph Canyon Road (project 1-80S-1 is 100% funded in 2006 RTIP with State
funds.)
20. (1-805-2) Main St. 11l1dercrossing widening for EB-NB left turn lane
State Route 54 Improvements
21. (SR-S4-1) SR-S4 WB off-ramp restripe at Broadway
22. (SR-S4-2) SR-S4 EB off-ramp at N. Fourth Avenue - add ramp lane
Regional Arterial System (RAS) Projects
23. (RAS-1) Bonita Road from First Avenue to I-80S
24. (RAS-2) Broadway from C Street to south of Main Street (City Limits)
2S. (RAS-3) E Street improvements - First Ave to Bonita RoadIE. Flower St
26. (RAS-4) E Street improvements, I-S to 300' east ofNB ramp
27. (RAS-S) E Street LRT grade separation (underpass LRT option)
28. (RAS-6) H Street LRT grade separation (underpass LRT option)
29. (RAS-7) H Street at Broadway EB queue jumper lane & traffic signal modifications
30. (RAS-8) H Street 14' -wide median & street light improvements (same as RAS-9)
31. (RAS-9) H Street widening to 6-lanes from Interstate-S to Broadway
32. (RAS-10) H Street improvements from Second Ave to Hilltop Drive
33. (RAS-11) East H St. north side improvements from Hilltop Dr. to 1-805
34. (RAS-12) L Street/Bay Blvd traffic signal & add turn lanes
3S. (RAS-13) L Street improvements south side west of Industrial Blvd
36. (RAS-l4) Telegraph Canyon Road at I-80S south side sidewalk
37. (RAS-l5) Or:mge A venue from Palomar Street to HiUtop Drive
38. (RAS-l6) Palomar Street improvements from 1-5 to I-80S
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ORD#3
39. (RAS-17) MailJ St improvements from 1-5 to I-80S (See GPU Table 5.10-6)
40. (RAS-18) H St/4th Ave add WB-NB & EB-SB right turn. lanes
41. (RAS-19) H St/4th Ave add WB-NB & EB-SB right turn. lanes
General Plan Impacts and Mitigations
42. (GP-l) E. St from Marina to I-5
43. (GP-2) Marina Parbvay from E-J St.
44. (GP-3) L St. from Hilltop to I-805
45. (GP-4) Main St. from I-5 to Broadway
46. (GP-5) Main St. from Broadway to Hilltop Dr.
47. (GP-6) Third Avenue from L St. to Palomar St.
48. (GP-7) H St. from Marina to I-5
49. (GP-8) J St. from Marina to I-5
Bicycle & Pedestrian Facilities Improvements (21 % WTDIF share per GPU)
50. (BP-l) Bayshore Bikeway (bike path) between E Street & F Streets
51. (BP-3) Industrial Blvd improvements & bike lanes from L St. to Main Street
52. (BP-4) MailJ Street bilee lanes from Industrial Blvd &- I-80S
53. (BP-5) Orange Ave. bilee lanes from Palomar St. to Hllltop Drive
54. (BP-6) Develop bicycle paths & pedestrian access to Third Avenue
Midbayfrolllt Local Coastal Program Roadways
55. (Mid-I) E Street restripe to add EB-NB dual left turn. to NB I-5 on-ramp.
56. (Mid-2) I-5/E St. SB off-ramp widening to add fourth lane
57. (Mid-3) Bay Blvd 15' widening along Westerly Curb Line at E St. approach for
1 SB/3NB
58. (Mid-4) I-5/E St. NB widen off-ramp to add 3rd lane for Right Turn only lane
59. (Mid-5) E St revisions to median and North Curb Line east of I-S to add 3rd WB
lane.
60. (Mid-6) Marina Parkway 4-lane from ESt. to J St.
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......CI""l,u,':I
61. (Mid-7) E St./Woodlawn Ave EB-SB RT lane plus a Traffic Signal)
62. (Mid-8) E St. at Broadway add WB & EB LT lane + WB & EB RT only lane. plus
a Traffic Signal & No RIW costs.
63. (Mid-9) F St/Broadway restriping to provide EB-SB & WB-NB RT lane
64. (Mid-IO) H Street widening at Broadway for WB Thru & EB Thru & RT only.
Other Roadways
65. (OR-I) N. 4th Avenue/Brisbane Ave traffic signal modifications
66. (OR-2) Second A venue/D Street all-way stop installation
3.55.040 Territorv to which fee aoplicable_
The area of the City of Chula Vista to which the fee herein established shall be applicable is the
territorial limits of the western portion of the City of Chula Vista ("territory") as defined above, as they
may from time to time be amended.
3.55.050 Establishment of a 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 western
portion of the City of Chula Vista. The WTDIF fee in the amounts set forth in CYMC 3.55.030 is
hereby established to pay for transportation improvements and facilities within the western portion of
the City of Chula Vista.
3.55.060 Determination of fees bv land use cate1.!:orv.
A. 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. The density of the development type shall be based on the
number of dwelling UDits per gross acre for single-family or multifamily
residential and shall be based upon the densities identified on the approved
tentative map or approved tentative parcel map entitling the development
unless otherwise approved in writing by the City Manager's designee.
B. Co=erciaIJoffice and industrial development projects shall be charged on a
per acre or per square footage basis. For purposes of this fee, gross acreage
and lor square footage as it applies to the co=ercial, industrial and office
development types, means all land area that the City Manager's designee
deems necessary within the boundary of the parcel or parcels of the
development project for which building permits are being requested.
C. The fee multiplied by the total number of dwelling UDits, square footage or
acres within a given development proj ect represents a developer's fair share
("fair share") for that development proj ect.
3.55.070 Time to determine 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 li!hea~ was conducted, or when application was made for
ORD#3
the building p=it. No building permit shall be issued unless the development impact fee is paid. The
fees shall be deposited into a WTDIF fund, which is hereby created, and shall be expended only for the
purposes set forth in this chapter. The Director of Finance is authorized to establish various accounts
within the fund for the various improvements and facilities identified in this chapter and to periodically
make expenditures from the fund for the purposes set forth herein in accordance with the facilities
phasing plan or capital improvement plan adopted by the City Council. The City Council finds that
collection of the fees established by this chapter at the time of the building permit is necessary to
ensure that funds will be available for the construction of facilities concurrent with the need for those
facilities and to ensure certainty in the capital facilities budgeting for the western part of the City.
3.55.080 Pllroose and use of fee.
The fees collected shall be used by the City for the following purposes as determined by the City
Council:
1. To pay for the construction of facilities by the City, or to reimburse
the City for facilities installed by the City with funds from other
sources.
2. To reimburse developers who have been required by
CVMC3.55.150 A to install improvements that are major streets
and are listed in CYMC 3.55.030.
3. To reimburse developers who have been permitted to install
improvements pursuant to CVMC 3.55.150 B.
3.55.090 Amount offee.
A. The fee shall be the amounts as set forth below in Table 1. The fee shall be adjusted on July 1
of each year beginning in 2009. The annual inflation adjustment will be 2 % or based on
Caltrans highway construction cost index, whichever is higher. The program collects 2% of the
total improvement cost estimate for staff administration and an additional 1 % for SANDAG
Arlminimative costs.
B. Adjustments of the fee based upon the annual inflation adjustment or the Caltrans Highway
Construction Cost Index shall be automatic and shall not require further action by the City
Council. The WTDIF 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.
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Proposed TDW Fee per EDU: I $3,243.00
'L~rlim1ci::ifi~~;;,~.:'f:?;:'. t.>"'- . ,-~;. . ,'..,,-.- ',. . 7."::'/,,,;,<' I: ebus : ~,
". '.: ' :' ,,' ,,;',' OJ ToiF Rate
ro;SIDENTIAL
lResidential (lOW) 0-6 dwelling units ner acre 1 per EDU $3,243 1 DU
Residential CMED) 6.1 To 20 dwelling uni:ts per acre .8 per EDU $2,594/DU
Residential !HIGH) Over 20 dwellina units per acre .6 per EDU $l,946/DU
j};!obiJe Home .5perEDU $1,6221 DU
COMMERCIAL
Contain 1-5 major dept. stores & usually have
Regional Commercial Imore than 50 tenants. Typically larger than 40
acres. 20 EDUI Acre $64,860 1 Acre
Smaller in that size than regional. Contain junior
Dept. Store or variety Store,( Le. Target Center
with other commercial stores las a maj or tenant
and have IS to 50 other tenants. Smaller in size,
Community Commercial 8-20 acres. 28EDU/Acre $90,8041 Acre
N eian borhood Commercial Less than 10 acres. lncludes supermarket and
drug store. May include office spaces. 48EDU/Acre $155,6641 Acre
INeighborhood Commercial Same as above but in Square Footage 4.8 EDUIKSF $15,664 IKSF
Commercial activities found along major streets,
Inot in a planned center with limited on-site
Street Front Commercial foarking. 16EDU/Acre $51,8881 Acre
lItetail Commercial Specialty Retail/Strip Commercial 16EDU/Acre $51,888/KSF
IUsually located near transportation facilities.
Structures are usually large and cover majority of
ithe parceL Examples are clothing and supply,
Wholesale Trade also includes swap meet areas. 24EDU/Acre $77,832 1 Acre
OFFICE
High Rise Office More than 100,000 S.F. and 6+ Stories 60 EDUI Acre $194,5801 Acre
Low Rise Office < 6 Stories 30 EDU/Acre $97,2901 Acre
:Low Rise Office (in thousands < 6 Stories
of sQUare feet) 2 EDU/KSF $6,4861 KSF
Medical Office Medical and Dental Facilities 50EDU/Acre $162,1501 Acre
LODGING
Low Rise HotellMotel < 4 Stories 20EDU/Acre $64,8601 Acre
Low Rise Hotel or Motel < 4 Stories 1 EDUiRoom $3,243 1 Room
IHigh Rise Hotel ~ Stories 30fEDU/Acre $97,290 1 Acre
InrnUSTRY
Shipbuilding, airframe, and aircraft
manufacturing. Usually located next to
lHeavy lndustrv transportation facilities and commercial areas.
h'arcels are typically 20-50 Acre. 12EDU/Acre $38,916 1 Acre
Warehouse /Storage ~ sua1ly large buildings located near freeways,
industrial or strip commercial areas. 6EDU/Acre $19,458/Acre
Office/industrial uses clustered into a center. The
IPrimary uses are industrial by may include high
percentages of other uses in service or retail
IIndustrial Park activities. 9EDU/Acre $29,187/Acre
Light lndustria1 All other industrial uses and manufacturing not
included in categories aboY9~ ':l Q 20EDU/Acre $64,8601 Acre
Table 1
PROPOSED WTDIF FEE PER LAND USE CLASSIFICATION
ORD # 3
3.55.100 Development proiects exempt from the fee.
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. Connunity purpose facilities which are not operated for profit ("nonprofit connunity purpose
facilities'') are also exempt inasmuch as these institutions provide benefit to the connunity as a
whole, including all land use categories which are the subj ect matter of the fee. The City
Council hereby determines that it is appropriate to spread any impact such nonprofit
connunity 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 connunity purpose
facilities shall for any reason be invalid, the City Council hereby allocates the nonprofit
connunity purpose facilities' fair share to the City of Chula Vista and not to any of the land
use categories which are the subj ect 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.
3.55.110 Authoritv for accountID2 and e:menditures.
A. The fees collected shall be deposited into a Westem Transportation Development Impact Fee
financing fund ("WTDIF fee fund," or "fund"), which is hereby created and shall be expended
only for the purposes set forth in this chapter.
B. The director of finance is authorized to establish a single fund for the various facilities
identified in this chapter and to periodically make expenditures from the fund forthe purposes
set forth herein.
3;55.120 Findin2s.
The City Council finds that:
A. Collection of the fee established by this chapter at the time of the building permit issuance is
necessary to provide funds for the transportation facilities identified in CYMC 3.55.030 and to
ensure certainty in the capital facilities budgeting for growth impacted public transportation
facilities; and
B. The purpose of the Fees hereby enacted prevents new development from reducing the quality
and availability of public transportation infrastructure facilities provided to residents of the City
by requiring new development to contribute to the cost of additional capital transportation
infrastructure improvements needed to meet the growth generated by such development; and
C. The revenue from the fees hereby enacted will be used to construct public facilities and
infrastructure and pay for other capital expenditures needed to serve new development as
identified in the Engineer's Report dated February, 2008; and
D. Based on analysis presented in the Engineer's Report there is a reasonable relationship between
1. The use of the fees and the types of development proj ects on which they are imposed and
2. The need for facilities and the types of development projects on which the fees are imposed.
3. The amount of the fee and the cost of the public facility or portion of the public facility
attributable to the development on which the fee is imposed.
2-40
3.55.130 Fee additional to other fees and charl!:es.
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
3.55.150 Developer construction of transportation facilities.
A. 'VVhenever 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 the
construction of a portion of a transportation facility identified in Section 3.55.030 the City
Council may impose an additional requirement that the developer install the improvements
with supplemental size, length or capacity in order to ensure efficient and timely construction
of the transportation facilities network. If such a requirement is imposed, the City Council
shall, in its discretion, enter into a reimbursement agreement with the developer, or give a
credit against the fee otherwise levied by this chapter on the development proj ecl, or some
combination thereof.
B. ''VVhenever a developer requests reimbursement, or a credit against fees, for work to be done or
paid for by the developer under subsection (A) of this section, the request shall be submitted in
writing to the City Manager's designee.
1. The request shall contain a description of the proj ect with a detailed cost estimate
which itemizes those costs of the construction attributable to the transportation facility
project and excludes any work attributable to a specific subdivision project. The
estimate is preliminary and the amount of reimbursement or credit against fees is
subject to final determination by the City Manager's designee. Additional information
shall be provided to the City by the developer upon request of the City.
2. Such reimbursement or credit against fees shall be subject to the following conditions:
a. Requirements of Developer.
i. Preparation of plans and specifications for approval by the City;
ii. Secure and dedicate any right-of-way required for the transportation facility
project;
iii. Secure all required permits and environmental clearances necessary for the
transportation facility project;
iv. Provision of performance bonds (where the developer intends to utilize provisions
for immediate credit, the performance bond shall be for 100 percent of the value of the
transportation facility project);
v. Payment of all City fees and costs.
b. The City will not be responsible for any of the costs of constructing the
transportation facility project. The developer shall advance all necessary funds to construct the
transportation facility project.
c. The developer shall secure at least three qualified bids for work to be done and shall
award the construction contract to the lowest qualified bidder. The developer may combine the
construction of the transportation facility project with other development-related work and
award one construction contract for the combined work based on a clearly identified process
for determining the low bidder, all as approved by the City Manager's designee. Should the
construction contract be awarded to a qualified bidder who did not submit the lowest bid for
the transportation facility proj ect portion of the contract, the developer will only receive
transportation development impact fee credit based on the lowest bid for the transportation
facility portion of the contract. Any claims for additional payment for extra work or charges
shall be justified, shall be documented to the satisfaction of the City Manager's designee and
2-41
shall only be reimbursed at the prices for similar work included in the lowest bid for the
transportation facility portion of the contract.
d. Upon complying with the conditions set forth in subsections (B)(I) and (B)(2)(a) of
this section as determined by the City and upon approval of the estimated cost by the City
Manager's designee, the developer shall be entitled to immediate credit for 50 percent of the
estimated cost of the construction attributable to the transportation facility project. Once the
developer has received valid bids for the project which comply with subsection (B)(2)(c) of
this section, entered into binding contracts for the construction of the project, and met the
conditions set forth in subsections (B)(I) and (B)(2)(a) of this section as determined by the
City, all of which have been approved by the City Manager's designee, the amount of the
immediate credit shall be increased to 75 percent of the bid amount attributable to the
transportation facility project. The immediate credits shall be applied to the developer's
obligation to pay transportation development impact fees for building permits issued after the
establishment of the credit. The developer shall specify these building permits to which the
credit is to be applied at the time the developer submits the building permit applications.
e. If the developer uses all of the . immediate credit before final completion of the
transportation facility project, then the developer may defer payment of development impact
fees for other building permits by providing to the City liquid security such as cash or an
irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the
remaining amount of the estimated cost of the transportation facility proj ect.
f. 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 transportation facility proj ect
to the City. The City Manager's designee shall make the final determination on expenditures
which are eligible for credit or cash reimbursement.
g. After final determination of eligible expenditures has been made by the City
Manager's designee and the developer has complied with the conditions set forth in subsection
(B) of this section, the final amount of transportation development impact fee credits shall be
determined by the City Manager's designee. The developer shall receive credit against the
deferred fee obligation in an amount equal to the difference between the final expenditure
determination and the amount of the 75 percent immediate credit used, if any. The City shall
notify the developer of the final deferred fee obligation, and of the amount of the applicable
credit. If the amount of the applicable credit is less than the deferred fee obligation, then the
developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the
30-day period, the City may make a demand against the liquid security and apply the proceeds
to the fee obligation.
h. At the time building permits are issued for the developer's project, the City will
incrementally apply credit which the developer has accrued in lieu of collecting the required
transportation development impact fees. The amount of the credit to be applied to each
building permit shall be based upon the fee schedule in effect at the time of the building permit
issuance. The City Manager's designee shall convert such credit to an EDU basis for
residential development and/or a gross acre basis for commercial or industrial development for
purposes of deter:mining the amount of credit to be applied to each building permit.
i. If the total eligible construction cost for the transportation facility project is more than
the total transportation development impact fees which will be required for the developer's
project, then the amount in excess of development impact fees will be paid in cash when funds
are available as determined by the City Manager; a reimbursement agreement will be executed;
or the developer may waive reimbursement and use the excess as credit against future
transportation development impact fee obli~ations. The City may, in its discretion, enter into
an agreement with the developer to convert~l{~s credit into EDU and/or gross acre credits for
use against future development impact fee obligations at the fee rate in effect on the date of the
agreement.
j. The requirements of this subsection (B) of this section may, in the City's discretion,
be modified through an agreement between the developer and the City and approved by City
Council.
C. Whenever a transportation development impact fee credit is generated by
constructing a transportation facility using assessment district or connunity .
facilities district financing, the credit shall only be applied to the
transportation development impact fee obligations within that district.
3.55.160 Procedure for fee waiver or reduction.
A. Any developer who, because of the nature or type of uses proposed for a
development project, contends that application of the fee imposed by this
chapter is unconstitutional, or unrelated to mitigation of the traffic needs or
burdens of the development, may apply to the City Council for a waiver,
reduction, or deferral of the fee. A development which is designed and
intended as a temporary use (10 years or less) and which is conducted in
facilities which are, by their nature, short-term interim facilities such as a
portable or modular building (including mobile homes, trailers, etc.) may
qualify for a waiver, reduction, or deferral. In addition, a deferral may be
granted on the basis of demonstrated economic hardship on the condition that:
(1) the use offers a significant public benefit; (2) the amount deferred bears
interest at a fair market rate so as to constitute an approximate value
equivalent to a cash payment; and (3) the amount deferred is adequately
secured by agreement with the applicant. Unless the requirement for timely
filing is waived by the City, 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 or the proj ect 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 waiver or reduction.
B. The City Council shall consider the application at a public hearing on same,
notice of which need not be published other than by description on the agenda
of the meeting at which the public hearing is held. Said public hearing should
be held within 60 days after its filing. The decision of the City Council shall
be final. If a deferral, reduction or waiver is granted, it should be granted
pursuant to an agreement with the applicant, and the property owner, if
different from the applicant, providing that any change in use within the
project shall subject the development to payment of the full fee. The procedure
provided by this section is additional to any other procedure authorized by law.
for protesting or challenging the fee imposed by this chapter.
3.55.170 Exemptions.
Development projects by public agencies shall be exempt from the provisions of this fee. Exempt
development uses with the following characteristics or activities as a principal use of land, generally
described as "co=unity purpose facility" as defined above in CYMC Section 3.55.020.
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3.55.180 Assessment districts.
If any assessment or special taxing district is established for any or all of the facilities listed in Section
3.55.030 the owner or developer of a project may apply to the City Council for a credit against the fee
in an amount equal to the development's attributable portion of the cost of the authorized
improvements as determined by the City Manager's designee, plus incidental costs normally occurring
with a construction project, but excluding costs associated with assessment district proceedings or
financing.
3.55.190 Economic incentive credit.
The City Council may authorize the City to participate in the financing of transportation facility
projects or portions of transportation facility projects as defined in Section 3.55.030 at the time of the
appropriation of funds by City Council for the construction of an eligible transportation facility, the
City shall be eligible to receive a credit known hereafter as an economic incentive credit. Such
economic incentive credit may be applied to development impact fee obligations for those projects
which the City Council determines, in its sole discretion, to be beneficial to the City. The use of the
economic incentive credit may be subject to conditions which shall be set forth in a written agreement
between the developer of the project and the City and approved by City Council.
The City may receive economic incentive credit only for those eligible projects identified in Section
3.55.030 for amounts of funding not identified in the financial and engineering study "Western
Transportation Development Impact Fee" report dated February 2008.
3.55.195 Fund loam.
A.
B.
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 or upon resolution of the City Council 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 t= not
to exceed the life of the fund.
Developer Loans. A developer may loan funds to the City as outlined
in CVMC 3.55.150. The City may repay said developer loans with
interest, under the terms listed in subsection (A) of this section.
3.55.200 Effective date.
This chapter shall become effective
SECTION 3: Effective Date
This Ordinance shall become effective 60 days after its second reading and adoption.
Presented by
Approved as to form by
Jack Griffin
Engineering and General Services Director
I"'- A ~...A_
~
City Attorney
2-44
ORDINANCE NO. NO f\OOPiIOH
o REf\DING p;,
ORDINANCE OF THE CITY OF CHUL~~~A ACCEPTING
THE WESTERN TRANSPORTATION DEVELOPMENT IM:PACT
FEE REPORT (TF-3S8) PREPARED BY STAFF AND
ESTABLISHING A WESTERN TRANSPORTATION
DEVELOPNlENT IMP ACT FEE PROGRAM TO lVITTIGATE
TRANSPORTATION IM:PACTS VIITHIN WESTERN CHULA
VISTA INCLUDING PROJECT BP-2
WHEREAS, the adoption of the City's General plan indicated that future growth was going to
occur in the City west ofI-80S; and
WHEREAS, the traffic studies for the City's General Plan and the Urban Core Specific Plan
show the City's transportation network will be impacted by new development within the western
portion of the City unless new transportation facilities are added to acconnodate the new
development; and
WHEREAS, since January 1987, the City has had a program in place for the collection of a
transportation development impact fee for the fInancing of street improvements in the area east of
Interstate 805.
WHEREAS, the Engineer's Report establishes that the transportation facilities necessitated by
development within the western portion of the City comprise an integrated network; and
WHEREAS, the Western Transportation Development Impact Fee is solely based upon that
portion of the project costs which are attributable to new development; and
WHEREAS, on March 4, 2008, the City Council of the City of Chula Vista held a duly noticed
public hearing at which oral or written presentations regarding the Western Transportation
Development Impact Fee could be made; and
WHEREAS, pursuant to the Municipal Code and California Gove=ent Code Sections 66000,
et. seq., the City Council has accepted a report entitled "Engineer's Report for the Western
Transportation Development Impact Fee" ("Engineer's Report") dated February, 2008 that analyzed
the Western Transportation Development Impact Fee necessary to fund transportation facilities needed
to serve future development within the western portion of the City; and
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 IS060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and
WHEREAS, the City Council of the City of Chula Vista is placing this ordinance on its fIrst
reading which will establish a development impact fee per equivalent dwelling unit (EDU) to fInance
transportation facilities within the western portion of the City of Chula Vista; and
2-45
ORD#4
WHEREAS, pursuant to Gove=ent Code Section 660 17(a), the fees proposed by this
ordinance will not become effective until sixty (60) days after its first reading; and
NOW, TIffiREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista
does hereby adopt Chapter 3.55 of the Chula Vista Municipal Code relating to transportation
development impact fees to pay for various transportation facilities located on the westside of the City
as follows:
SECTION 1: Findings
The City Council finds, after consideration of the evidence presented to it including the "Engineer's
Report for the Western Transportation Development Impact Fee" dated February, 2008, that the
creation of a transportation development impact fee is necessary in order to assure that there are
sufficient funds available to finance the transportation facilities necessary to serve development west
ofI-805; and
The City Council finds that new development within the western portion of the City of Chula Vista
should be required to mitigate the burden created by development through the construction of
transportation facilities; and
The City Council finds, based on the evidence presented at the public hearing, and consistent with the
City's General Plan, and the various reports and information received by the City Council in the
ordinary course of its business, that the imposition of traffic impact fees on all development within the
Western portion of 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
transportation facilities to assure effective implementation of the City's General Plan; and
The City Council finds that the amount of the proposed fees levied by this ordinance does not exceed
the estimated cost of providing the transportation facilities.
SECTION 2: Chapter 3.55 of the Chula Vista Municipal Code is hereby adopted and shall read as
follows:
3.55.010 General intent.
The City's General Plan Land Use and Transportation Element requires 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 transportation facilities which must be mitigated by the financing and construction of
certain public transportation facilities which are the subject of this chapter. New development
contributes to the cumulative burden on these public transportation facilities in direct relationship to.
the amount of vehicular traffic and 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 transportation
facilities is to charge a fee on all developments within the western portion of the City. imposition of
the Western Transportation Development Impact Fee on all new development for which building
2-46
permits have not yet been issued is necessary in order to protect the public health, safety and welfare,
thereby ensuring effective implementation of the City's General Plan.
3.55.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be construed as defined herein,
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.
B. "City Engineer" means the City Engineer, the City Engineer's designee or the
City Manager's designee.
C. "Density" means dwelling units per gross acre identified for each planning
area shown on the approved tentative map or approved tentative parcel map or
as determined by the City Manager's designee.
D. "Developer" means the owner or developer of a development.
E. "Development permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the City.
F. "Development proj ect" or "development" means any activity described as the
following:
1. Any new residential dwelling unit developed on vacant land;
2. Any new co=ercialloffice 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 (F)(l) 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.
"Connunity 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.
H. "Western portion of the City ofChula Vista" generally means that area of the
City located between the City boundary on the west, Interstate 805 on the east,
the City boundary on the north and the City's boundary on- the south, as shown
on the map entitled "Figure 1" of the Engineering study.
1. "Engineering study" and "Engineer's Report" means the Engineer's Report for
the Western Transportation Development Impact Fee dated February, 2008
and prepared by City staff on file in the Office of the City Clerk.
J. "Regional Arterial System" (RAS) RAS roadways are generally described as
those facilities that act as a critical link in providing direct connections
between co=unitie~Hing system continuity and congestion relief in high
volume corridors. They are roadways that are listed in the most recent edition
of SANDAG's Regional Transportation Plan
K. "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.
1. "Special purpose project" means any for-profit co=unity purpose facility
(e.g., day care).
3.55.030 Public trlUJ.Slilortation facilities to be financed bv the fee.
A. The public transportation facilities ("facilities") which are the subject matter of the fee, are
listed below as detailed in subsection C of this section and in the Engineer's Report on file in
the Office of the City Clerk.
B. The City Council may modify or amend the list of projects in order to maintain compliance
with the circulation element of the City's General Plan.
C. The facilities are as follows: .
1. (I-5-l) I-5/E Street NB off-ramp restriping add lane
2. (I-5-2) 1-5/E StreetlBay Blvd SB off-ramp restriping add lane
3. (I-5-3) 1-5/NB ramp widening at E, H, J, Ind., Palomar & Main Sts (21 %)
4. (I-5-4) E Street bridge widening over 1-5 (250' X 20' X $350/sf)
5. (I-5-5) F Street bridge widening over I.5 (250' X 20' X $350/sf
6. (I-5-6) I-5IR Street NB off-ramp restriping add lane
7. (I-5-7) 1-5IR Street SB off-ramp resmping add lane
8. (I-5-8) H Street bridge widening over 1-5 (200'X40'X$350/sf)
9. (I-5-9) 1-5/J Street NB off-ramp restriping add lane
10. (I-5-l0) 1-5/J Street undercrossing widening add EB.NB (175x20X$350)
11. (I-5-11) L Street bridge widening overI-5 (S/W for peds 300' X 12')(21 %)
12. (I-5-12) I-5/Bay Blvd (south of L St.) SB on/off ramps traffic signal
13. (I-5-13) I-5/Industrial Blvd NB on/off ramps traffic signal
14. (I-5-14) I-5/Palomar Street bridge widening (275lfX 50lfX $350/sf)
15. (I-5-15) I-5/Main Street NB on/off ramps traffic signal (CV share $120k)
16. (I-5-16) 1-5/Main Street bridge widening (275lfX 20lfX $350/sf)
17. (l-5-17) [-5 HOV & Managed Lanesfrom SR905 to SR54 (63.4% in CJjl
18. 81M 361
2-48
".
a. I-S Multi-Modal Corridor Study (80% Fed. DEMO funds)
b. (SANDAG cost estimate is $4.3M & CV share TBD.)
Interstate-805 Improvements
19. (I-80S-I) NB on-ramp widening & metering at Bonita, East H St (EB-NB),
Telegraph Canyon Road (Project I-80S-1 is 100% funded in 2006 RTIP with State
funds.)
20. (1-805-2) Main St undercrossingwidening for EB-NB left turn lane
State Route 54 Improvements
21. (SR-S4-1) SR-S4 V/B off-ramp restripe at Broadway
22. (SR-S4-2) SR-S4 EB off-ramp atN. Fourth Avenue - add ramp lane
ReglionalArterial System (RAS) Projects
23. (RAS-l) Bonita Road from First Avenue to 1-805
24. (RAS-2) Broadway from C Street to south of Main Street (City Limits)
2S. (RAS-3) E Street improvements - First Ave to Bonita RoadIE. Flower St
26. (RAS-4) E Street improvements, I-S to 300' east ofNB ramp
27. (RAS-S) E Street LRT grade separation (underpass LRT option)
28. (RAS-6) H Street LRT grade separation (underpass LRT option)
29. (RAS-7) H Street at Broadway EB queue jumper lane & tra..f.fic signal modifications
30. (RAS-8) H Street 14'-wide median & street light improvements (same as RAS-9)
31. (RAS-9) H Street widening to 6-1anes from Interstate-S to Broadway
32. (RAS-10) H Street improvements from Second Ave to Hilltop Drive
33. (RAS-!!) East H St. north side improvements from Hilltop Dr. to I-80S
34. (RAS-!2) L StreetlBay Blvd traffic signal & add turn lanes
35. (RAS-13) L Street improvements south side west of Industrial Blvd
36. (RAS-14) Telegraph Canyon Road at I-80S south side sidewalk
37. (RAS-15) Or:mge A venue from PlIlomar Street to Hilltop Drive
38. (RAS-16) Palomar Street improvements from 1-5 to I-80S
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39. (RAS-17) MaiD St improvements from 1-5 to I-80S (See GPU Table 5.10-6)
40. (RAS-18) H St/4th Ave add WB-NB & EB-SB right turn. lanes
41. (RAS-19) H St/4th Ave add WB-NB & EB-SB right turn. lanes
General Plan Impacts and Mitigations
42. (GP-l) E. St from Marina to 1-5
43. (GP-2) Marina Parkway from E-J St.
44. (GP-3) L St. from Hilltop to 1-805
45. (GP-4) Main St. from 1-5 to Broadway
46. (GP-5) Main St. from Broadway to Hilltop Dr.
47. (GP-6) Third Avenue from L St. to Palomar St.
48. (GP-7) H St. from Marina to 1-5
49. (GP-8) J St. from Marina to 1-5
Bicycle & Pedestrian Facilities Improvements (21 % WTDIF share per GPU)
50. (BP-l) Bayshore Bikeway (bike path) between E Street & F Streets
51. (BP-l) F Street sidewalklbike lane improvements from 1-5 to Fourth A venue
52. (BP-3) Industrial Blvd improvements & bike lanes from L St. to Main Street
53. (BP-4) Main Street bike lanes from Industrial Blvd & I-80S
54. (BP-5) Orange A, ve. bike lanes from Palomar St. to Hilltop Drive
55. (BP-6) Develop bicycle paths & pedestrian access to Third Avenue
Midbayfront Local Coastal Program Roadways
.
56. (Mid-I) E Street restripe to add EB-NB dual left turn. to NB 1-5 on-ramp.
57. (Mid-2) I-51B St. SB off-ramp widening to add fourth lane
58. (Mid-3) Bay Blvd 15' widening along Westerly Curb Line at E St. approach for
I SB/3NB
59. (Mid-4) I-51B St. NB widen off-ramp to add 3rd lane for Right Turn only lane
60. (Mid-5) E St revisions to median and North Curb Line east of 1-5 to add 3rd WB
lane.
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61. (11id-6) Marina Parkway 4-lane from E St. to J St.
62. (11id-7) E St./Woodlawn Ave EB-SB RT lane plus a Traffic Signal)
63. (Mid-8) E St. at Broadway add VIB & EB LT lane + WB & EB RT only lane. plus
a Traffic Signal & No RIW costs.
64. (11id-9) F StlBroadway restriping to provide EB-SB & WB-NB RT lane
65. (Mid-IO) H Street widening at Broadway for VIB Thru & EB Thru & RT only.
Other Roadways
66. (OR-I) N. 4th Avenue/Brisbane Ave traffic signal modifications
67. (OR-2) Second AvenueiD Street all-way stop installation
3.55.040 Territorv to which fee allplicable.
The area of the City of Chula Vista to which the fee herein established shall be applicable is the
territorial limits of the western portion of the City of Chula Vista ("territory") as defined above, as they
may from time to time be amended.
3.55.050 Establishment of a 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 western
portion of the City of Chula Vista. The WIDIF fee in the amounts set forth in CVMC 3.55.030 is
hereby established to pay for transportation improvements and facilities within the western portion of
the City of Chula Vista.
3.55.060 Determilllatioll of fees bv land use catel!:orv.
A. 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. The density of the development type shall be based on the
number of dwelling units per gross acre for single-family or multifamily
residential and shall be based upon the densities identified on the approved
. tentative map or approved tentative parcel map entitling the development
unless otherwise approved in writing by the City Manager's designee.
B. Co=ercialloffice and industrial development projects shall be charged on a
per acre or per square footage basis. For purposes of this fee, gross acreage
and lor square footage as it applies to the co=ercial, industrial and office
development types, means all land area that the City Manager's designee
deems necessary within the boundary of the parcel or parcels of the
development proj ect for which building permits are being requested.
C. The fee multiplied by the total number of dwelling units, square footage or
acres within a given development proj ect represents a developer's fair share
("fair share") for that development project.
3.55.070 Time to determillle amollnt due. 2-51
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. No building permit shall be issued unless the development impact fee is paid. The
fees shall be deposited into a WTDIF fund, which is hereby created, and shall be expended only for the
purposes set forth in this chapter. The Director of Finance is' authorized to establish various accounts
within the fund for the various improvements and facilities identified in this chapter and to periodically
make expenditures from the fund for the purposes set forth herein in accordance with the facilities
phasing plan or capital improvement plan adopted by the City Council. The City Council finds that
collection of the fees established by this chapter at the time of the building permit is necessary to
ensure that funds will be available for the construction of facilities concurrent with the need for those
facilities and to ensure certainty in the capital facilities budgeting for the westem part of the City.
3.55.080 PUr!lose and use of fee.
The fees collected shall be used by the City for the following purposes as determined by the City
Council:
1. To pay for the construction of facilities by the City, or to reimburse
the City for facilities installed by the City with funds from other
sources.
2. To reimburse developers who have been required by
CYMC3.55.150 A to install improvements that are major streets
and are listed in CYMC 3.55.030.
3. To reimburse developers who have been permitted to install
improvements pursuant to CYMC 3.55.150 B.
3.55.090 Amount of fee.
A. The fee shall be the amounts as set forth below in Table 1. The fee shall be adjusted on July I
of each year beginning in 2009. The annual inflation adjustment will be 2 % or based on
Caltrans highway construction cost index, whichever is higher. The program collects 2% of the
total improvement cost estimate for staff administration and an additional 1 % for SANDAG
Administrative costs.
B. Adjustments of the fee based upon the annual inflation adjustment or the Caltrans Highway
Construction Cost Index shall be automatic and shall not require further action by the City
Council. The WIDIF 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.
2-52
Proposed TDIF Fee per EDU: I $3,243.00
.... ....... .......,...... ,....... EDUs TDIF Rate
Land' Use Cr3ssification .
RESIDENTIAL
Residential (LOW) 0-6 dwellin~ units per acre I per EDU $3,2431 DU
Residential (MED) 6.1 To 20 dwellina units per acre .8perEDU $2,5941 DU
ResidentiallHIGH) Over 20 dwellina units per acre .6per EDU $1,9461 DU
Mobile Home .5 per EDU $1,6221 DU
COMMERCIAL
Contain 1-5 major dept. stores & usually have
Recional Co=ercial /Uore than 50 tenants. Typically larger than 40
acres. 20 EDU/Acre $64,860 1 Acre
Smaller in that size than regionaL Contain junior
Dept. Store or variety Store,( i.e. Target Center
with other co=ercial stores)as a major tenant
and have 15 to 50 other tenants. Smaller in size,
Co=unity Co=ercial 8-20 acres. 28 EDUI Acre $90,8041 Acre
Nei~borhood Co=ercial Less than 10 acres. Includes supermarket and
Idnls: store. May include office snaces. 48 EDUI Acre $155,6641 Acre
Neiahborhood Co=ercial Same as above but in Square Foota~e 4.8 EDUlKSF $15,664/KSF
Co=ercial activities found along major streets,
loot in a planned center with limited on-site
Street Front Co=ercial lParkina. 16 EDU/Acre $51,8881 Acre
Retail Co=ercial Specialty Retail/Strin Commercial 16EDUlAcre $51,888/KSF
!Usually located near transportation facilities.
Structures are usually large and cover maj ority of
the parceL Examples are clothing and supply,
"Wholesale Trade also includes swan meet areas. 24EDU/Acre $77,832/Acre
OFFICE
Hi~ Rise Office More than 100,000 S.F. and 6+ Stories 60 EDUI Acre $194,5801 Acre
Low Rise Office < 6 Stories 30 EDU/Acre $97,2901 Acre
Low Rise Office (in thousands < 6 Stories
of square feet) 2EDU/KSF $6,4861 KSF
Medical Office Medical and Dental Facilities 50EDU/Acre $162,1501 Acre
LODGING
Low Rise HotellMotel < 4 Stories 20 EDUI Acre $64,860 1 Acre
Low Rise Hotel or Motel < 4 Stories I EDUlRoom $3,2431 Room
Hi~ Rise Hotel >=4 Stories 30 IEDUI Acre $97,290/Acre
INDUSTRY
Shipbuilding, airframe, and aircraft
~ufacturing. Usually located next to
Heavy Industry ,,"ansportation facilities and co=ercial areas.
!Parcels are tvnicallv 20-50 Acre. 12EDU/Acre $38,916/Acre
U sua1ly large buildings located near freeways,
W arehouse IStora~e industrial or strin co=ercial areas. 6EDU/Acre $19,458/Acre
Office/industrial uses clustered into a center. The
primary uses are industrial by may include high
i=>ercentages of other uses in service or retail $29,1871Acre
Industrial Park activities. 9EDU/Acre
Li~t Industrial iAll other industrial uses and manufacturing nol
included in categories abo~:- 5 3 20EDU/Acre $64,8601 Acre
Table 1
PROPOSED WTDIF FEE PER LAND USE CLASSIFICATION
3.55.100 Development nroiects exempt from the fee.
A. Development proj ects 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. . Co=unity 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 pUIJlose
facilities shall for any reason be invalid, the City Council hereby allocates the nonprofit
co=unity 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.
3.55.110 Authority for accountin!! and enenditures.
A. The fees collected shall be deposited into a Western Transportation Development Impact Fee
financing fund ("WTDIF fee fund," or "fund"), which is hereby created and shall be expended
only for the pUIJloses set forth in this chapter.
B. The director of finance is authorized to establish a single fund for the various facilities
identified in this chapter and to periodically make expenditures from the fund for the purposes
set forth herein.
3.55.120 Findinl!s.
The City Council finds that:
A. Collection of the fee established by this chapter at the time of the building permit issuance is
necessary to provide funds for the transportation facilities identified in CYMC 3.55.030 and to
ensure certainty in the capital facilities budgeting for growth impacted public transportation
facilities; and
B. The pUIJlose of the Fees hereby enacted prevents new development from reducing the quality
and availability of public transportation. infrastructure facilities provided to residents of the City
by requiring new development to contribute to the cost of additional capital transportation
infrastructure improvements needed to meet the growth generated by such development; and
C. The revenue from the fees hereby enacted will be used to construct public facilities and
infrastructure and pay for other capital expenditures needed to serve new development as
identified in the Engineer's Report dated February, 2008; and
D. Based on analysis presented in the Engineer's Report there is a reasonable relationship between
I. The use of the fees and the types of development proj ects on which they are imposed and
2. The need for facilities and the types of development projects on which the fees are imposed.
3. The amount of the fee and the cost of the public facility or portion of the public facility
attributable to the development on which the fee is imposed.
2-54
3.55.130 Fee additional to other fees and charges.
Tills 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
3.55.150 Developer construction of transportation 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 the
construction of a portion of a transportation facility identified in Section 3.55.030 the City
Council may impose an additional requirement that the developer install the improvements
with supplemental size, length or capacity in order to ensure efficient and timely construction
of the transportation facilities network. If such a requirement is imposed, the City Council
shall, in its discretion, enter into a reimbursement agreement with the developer, or give a
credit against the fee otherwise levied by this chapter on th~ development project, or some
combination thereof.
B. Whenever a developer requests reimbursement, or a credit against fees, for work to be done or
paid for by the developer under subsection (A) of this section, the request shall be submitted in
writing to the City Manager's designee.
1. The request shall contain a description of the project with a detailed cost estimate
which itemizes those costs of the construction attributable to the transportation facility
project and excludes any work attributable to a specific subdivision project. The
estimate is preliminary and the amount of reimbursement or credit against fees is
subj ect to final determination by the City Manager's designee. Additional information
shall be provided to the City by the developer upon request of the City.
2. Such reimbursement or credit against fees shall be subject to the following conditions:
a. Requirements of Developer.
i. Preparation of plans and specifications for approval by the City;
ii. Secure and dedicate any right-of-way required for the transportation facility
proj ect;
iii. Secure all required permits and environmental clearances necessary for the
transportation facility project;
iv. Provision of performance bonds (where the developer intends to utilize provisions
for immediate credit, the performance bond shall be for 100 percent of the value of the
transportation facility project);
v. Payment of all City fees and costs.
b. The City will not be responsible for any of the costs of constructing the
transportation facility proj ect. The developer shall advance all necessary funds to construct the
transportation facility project.
c. The developer shall secure at least three qualified bids for work to be done and shall
award the construction contract to the lowest qualified bidder. The developer may combine the
construction of the transportation facility project with other development-related work and
award one construction contract for the combined work based on a clearly identified process
for determining the low bidder, all as approved by the City Manager's designee. Should the
construction contract be awarded to a qualified bidder who did not submit the lowest bid for
the transportation facility project portion of the contract, the developer will only receive
transportation development impact fee credit based on the lowest bid for the transportation
facility portion of the contract. Any claims for additional payment for extra work or charges
shall be justified, shall be documented to the satisfaction of the City Manager's designee and
2-55
shall only be reimbursed at the prices for similar work included in the lowest bid for the
transportation facility portion of the contract.
d. Upon complying with .the conditions set forth in subsections (B)(l) and (B)(2)(a) of
this section as determined by the City and upon approval of the estimated cost by the City
Manager's designee, the developer. shall be entitled to immediate credit for 50 percent of the
estimated cost of the construction attributable to the transportation facility project. Once the
developer has received valid bids for the project which comply with subsection (B)(2)(c) of
this section, entered into binding contracts for the construction of the project, and met the
conditions set forth in subsections (E)(l) and (B)(2)(a) of this section as determined by the
City, all of which have been approved by the City Manager's designee, the amount of the
immediate credit shall be increased to 75 percent of the bid amount attributable to the
transportation facility project. The immediate credits shall be applied to the developer's
obligation to pay transportation development impact fees for building permits issued after the
establishment of the credit. The developer shall specify these building permits to which the
credit is to be applied at the time the developer submits the building permit applications.
e. If the developer uses all of the immediate credit before fina1 completion of the
transportation facility project, then the developer may defer payment of development impact
fees for other building permits by providing to the City liquid security such as. cash or an
irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the
remaining amount of the estimated cost of the transportation facility proj ect.
f. 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 transportation facility proj ect
to the City. The City Manager's designee shall make the final determination on expenditures
which are eligible for credit or cash reimbursement.
g. After final determination of eligible expenditures has been made by the City
Manager's designee and the developer has complied with the conditions set forth in subsection
(B) of this section, the fina1 amount of transportation development impact fee credits shall be
determined by the City Manager's designee. The developer shall receive credit against the
deferred fee obligation in an amount equal to the difference between the final expenditure
determination and the amount of the 75 percent immediate credit used, if any. The City shall
notify the developer of the final deferred fee obligation, and of the amount of the applicable
credit. If the amount of the applicable credit is less than the deferred fee obligation, then the
developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the
30-day period, the City may make a demand against the liquid security and apply the proceeds
to the fee obligation.
h. At the time building permits are issued for the developer's project, the City will
incrementally apply credit which the developer has accrued in lieu of collecting the required
. transportation development impact fees. The amount of the credit to be applied to each
building permit shall be based upon the fee schedule in effect at the time of the building permit
issuance. The City Manager's designee shall convert such credit to an EDU basis for
residential development and/or a gross acre basis for co=ercial or industrial development for
purposes of determining the amount of credit to be applied to each building permit.
i. If the total eligible construction cost for the transportation facility proj ect is more than
the total transportation development impact fees which will be required for the developer's
project, then the amount in excess of development impact fees will be paid in cash when funds
are available as determined by the City Manager; a reimbursement agreement will be executed;
or the developer may waive reimbursement and use the excess as credit against future
transportation development impact fee obligations. The City may, in its discretion, enter into
an agreement with the developer to conver?e~a,s credit into EDU and/or gross acre credits for
use against future development impact fee obligatious at the fee rate in effect on the date of the
agreement.
j. The requirements of this subsection (B) of this section may, in the City's discretion,
be modified through an agreement between the developer and the City and apprDved by City
CDunciL
C. Vlhenever a transpDrtatiDn develDpment impact fee credit is generated by
coustructing a transportation facility using assessment district Dr co=unity
facilities district financing, the credit shall only be applied tD the
transportatiDn develDpment impact fee obligations within that district.
3.55.160 Procedure for fee waiver or reduction.
A. Any developer who, because Df the nature Dr type Df uses prDposed fDr a
develDpment prDject, contends that application Df the fee imposed by this
chapter is unCDnstitutiDnal, or unrelated tD mitigatiDn Df the traffic needs Dr
burdeus of the develDpment, may apply to the City Council for a waiver,
reductiDn, or deferral Df the fee. A development which is designed and
intended as a tempDrary use (10 years Dr less) and which. is conducted in
facilities which are, by their nature, short-term interim facilities such as a
portable or modular building (including mobile homes, trailers, etc.) may
qualify fDr a waiver, reductiDn, or deferral. In addition, a deferral may be
granted on the basis of demoustrated economic hardship on the conditiDn that:
(1) the use offers a significant public benefit; (2) the amount deferred bears
interest at a fair market rate so as to coustitute an approximate value
equivalent to a cash payment; and (3) the amount deferred is adequately
secured by agreement with the applicant. Unless the requirement for timely
filing is waived by the City, 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 or the project is given, Dr 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 fDr the claim
of waiver or reduction.
B. The City Council shall consider the application at a public hearing on same,
notice of which need not be published other than by descriptiDn on the agenda
of the meeting at which the public hearing is held. Said public hearing should
be held within 60 days after its filing. The decision of the City Council shall
be final. If a deferral, reduction or waiver is granted, it should be granted
pursuant to an agreement with the applicant, and the property Dwner, if
different frDm the applicant, providing that any change in use within the
prDject shall subject the develDpment to payment of the full fee. The prDcedure
prDvided by this sectiDn is additiDnal to any other procedure authDrized by law
for prDtesting or challenging the fee imposed by this chapter.
3.55.170 Exemptions.
Development projects by public agencies shall be exempt from the provisions of this fee. Exempt
development uses with the following characteristics or activities as a principal use of land, generally
described as "co=unity purpose facility" as defined above in CVMC SectiDn 3:55.020.
2-57
3.55.180 Assessment districts.
If any assessment or special taxing district is established for any or all of the facilities listed in Section
3.55.030 the owner or developer of a project may apply to the City Council for a credit against the fee
in an amount equal to the development's attributable portion of the cost of the authorized
improvements as determined by the City Manager's designee, plus incidental costs normally occurring
with a construction project, but excluding costs associated with assessment district proceedings or
financing.
3.55.190 Economic incentive credit.
The City Council may authorize the City to participate in the financing of transportation facility
projects or portions of transportation facility projects as defined in Section 3.55.030 at the time of the
appropriation of funds by City Council for the construction of an eligible transportation facility, the
City shall be eligible to receive a credit known hereafter as an economic incentive credit. Such
economic incentive credit may be applied to development impact fee obligations for those projects
which the City Council determines, in its sole discretion, to be beneficial to the City. The use of the
economic incentive credit may be subj ect to conditions which shall be set forth in a written agreement
between the developer of the project and the City and approved by City Council.
The City may receive economic incentive credit only for those eligible projects identified in Section
3.55.030 for amounts of funding not identified in the financial and engineering study "Westem
Transportation Development Impact Fee" report dated February 2008.
3.55.195 Fund loans.
A.
B.
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 or upon resolution of the City Council 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.
Developer Loans. A developer may loan funds to the City as outlined
in CYMC 3.55.150. The City may repay said developer loans with
interest, under the terms listed in subsection (A) oftbis section.
3.55.200 Effective date.
This chapter sha!l become effective
SECTION 3: Effective Date
This Ordinance shall become effective 60 days after its second reading and adoption.
Presented by
APpro~orm~
Ann Moore
City Attorney
Jack Griffin
Engineering and General Services Director
2-58
ORDINANCE NO. S'C.COtiO RC.~O\NG ~NO ~OOPi\ON
ORDINANCE OF THE CITY OF CHULA VISTA ACCEPTING
THE WESTERN TRANSPORTATION DEVELOPMENT Th1PACT
FEE REPORT (TF-358) PREPARED BY STAFF AND
ESTABLISHING A WESTERN TRANSPORTATION
DEVELOPMENT Th1PACT FEE PROGRAl\1 TO MITIGATE
TRANSPORTATION Th1PACTS WITHIN WESTERN CHULA
VISTA INCLUDING PROJECT OR-4
WHEREAS, the adoption of the City's General plan indicated that future growth was going to
occur in the City west ofI -805; and
WHEREAS, the traffic studies for the City's General Plan and the Urban Core Specific Plan
show the City's transportation network will be impacted by new development within the western
portion of the City unless new transportation facilities are added to accommodate the new
development; and
WHEREAS, since January 1987, the City has had a program in place for the collection of a
transportation development impact fee for the fmancing of street improvements in the area east of
Interstate 805.
WHEREAS, the Engineer's Report establishes that the transportation facilities necessitated by
development within the western portion of the City comprise an integrated network; and
WHEREAS, the Western Transportation Development Impact Fee is solely based upon that
portion of the project costs which are attributable to new development; and
WHEREAS, on March 4, 2008, the City Council of the City of Chula Vista held a duly noticed
public hearing at which oral or 'ivritten presentations regarding the Western Transportation
Development Impact Fee could be made; and
WHEREAS, pursuant to the Municipal Code and California Government Code Sections 66000,
et. seq., the City Council has accepted a report entitled "Engineer's Report for the Western
Transportation Development Impact Fee" ("Engineer's Report") dated February, 2008 that analyzed
the Western Transportation Development Impact Fee necessary to fund transportation facilities needed
to serve future development within the westem portion of the City; and
WHEREAS, the City's Enviro=ental Review Coordinator has reviewed the proposed activity
for compliance with the California Enviro=ental 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; and
WHEREAS, the City Council of the City of Chula Vista is placing this ordinance on its fIrst
reading which will establish a development impact fee per equivalent dwelling unit (EDU) to finance
transportation facilities within the western portion of the City of Chula Vista; and
2-59
ORD # 5
WHEREAS, pursuant to Gove=ent Code Section 66017(a), the fees proposed by this
ordinance will not become effective until sixty (60) days after its first reading; and
NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista
does hereby adopt Chapter 3.55 of the Chula Vista Municipal Code relating to transportation
development impact fees to pay for various transportation facilities located on the westside of the City
as follows:
SECTION 1: Findings
The City Council finds, after consideration of the evidence presented to it including the "Engineer's
Report for the Western Transportation Development Impact Fee" dated February, 2008, that the
creation of a transportation development impact fee is necessary in order to assure that there are
sufficient funds available to finance the transportation facilities necessary to serve development west
ofI-805; and
The City Council finds that new development within the western portion of the City of Chula Vista
should be required to mitigate the burden created by development through the construction of
transportation facilities; and
The City Council finds, based on the evidence presented at the public hearing, and consistent with the
City's General Plan, and the various reports and information received by the City Council in the
ordinary course of its business, that the imposition of traffic impact fees on all development within the
western portion of 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
transportation facilities to assure effective implementation of the City's General Plan; and
The City Council finds that the amount of the proposed fees levied by this ordinance does not exceed
the estimated cost of providing the transportation facilities.
SECTION 2: Chapter 3.55 of the Chula Vista Municipal Code is hereby adopted and shall read as
follows:
3.55.010 General intent.
The City's General Plan Land Use and Transportation Element requires that adequate public facilities
be available to acco=odate 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 transportation facilities which must be mitigated by the financing and construction of
certain public transportation facilities which are the subject of this chapter. New development
contributes to the cumulative burden on these public transportation facilities in direct relationship to
the amount of vehicular traffic and population generated by the development or the gross acreage of
the co=ercial or industrial land in the development.
The City Council has determined that a reasonable means of financing the public transportation
facilities is to charge a fee on all developments within the western portion of the City. imposition of
the Western Transportation Development Impact Fee on all new development for which building
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permits have not yet been issued is necessary in order to protect the public health, safety and welfare,
thereby ensuring effective implementation of the City's General Plan.
3.55.020 Definitions.
For the purposes oithis chapter, the following words or phrases shall be construed as defined herein,
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.
B. "City Engineer" means the City Engineer, the City Engineer's designee or the
City Manager's designee.
C. "Density" means dwelling units per gross acre identified for each planning
area shown on the approved tentative map or approved tentative parcel map or
as determined by the City Manager's designee.
D. "Developer" means the owner or developer of a development.
E. "Development permit" means any discretionary permit, entitlement or
approval for a development project issued under any zoning or subdivision
ordinance of the City.
F. "Development project" or "development" means any activity described as the
following:
1. Any new residential dwelling unit developed on vacant land;
2. Any new connerciaVoffice 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 (F)(1) 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.
"Connunity 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.
H. "Western portion of the City of Chula Vista" generally means that area of the
City located between the City boundary on the west, Interstate 805 on the east,
the City boundary on the north and the City's boundary on the south, as shown
on the map entitled "Figure I" of the Engineering study.
1. "Engineering study" and "Engineer's Report" means the Engineer's Report for
the Western Transportation Development Impact Fee dated February, 2008
and prepared by City staff on file in the Office of the City Clerk.
J. "Regional Arterial System" (RAS) RAS roadways are generally described as
those facilities that act as a critical link in providing direct connections
between connunitie91enillring system continuity and congestion relief in high
volume corridors. They are roadways that are listed in the most recent edition
ofSANDAG's Regional Transportation Plan
K. "Special land use" meaus any nonresidential, non-commercial/office or
nonindustrial development project (e.g., Olympic Training Center, hospitals,
utilities), or non-special purpose project.
1. "Special purpose project" meaus any for-profit co=unity purpose facility
(e.g., day care).
3.55.030 Public transportation facilities to be fmanced bv the fee.
A. The public transportation facilities ("facilities") which are the subject matter of the fee, are
listed below as detailed in subsection C of this section and in the Engineer's Report on file in
the Office of the City Clerk.
B. The City Council may modify or amend the list of projects in order to maintain compliance
with the circulation element of the City's General Plan.
C. The facilities are as follows:
1. (I-S-1) I-SIB Street NB off-ramp restriping add lane
2. (I-S-2) I-SIB StreetlBay Blvd SB off-ramp restriping add lane
3. (I-S-3) I-SfN'B ramp widening at E, H, J, Ind., Palomar & Main Sts (21 %)
4. (I-S-4) E Street bridge widening over I-S (2S0' X 20' X $3S0/sf)
S. (I-S-S) F Street bridge widening over I-S (2S0' X 20' X $3S01sf
6. (I-S-6) I-S/H Street NB off-ramp restriping add lane
7. (I-S-7) I-S/H Street SB off-ramp restriping add lane
8. (I-S-8) H Street bridge widening over I-S (200'X40'X$3S0/sf)
9. (I-S-9) I-SIJ Street NB off-ramp restriping add lane
10. (I-S-10) I-SIJ Street undercrossing widening add EB-NB (17Sx20X$3S0)
11. (I-S-ll) L Street bridge widening overI-S (SfW for peds 300' X 12')(21 %)
12. (I-S-12) I-SIBay Blvd (south ofL St.) SB on/off ramps traffic signal
13. (I-S-13) I-S/Industrial Blvd NB on/off ramps traffic signal
14. (I-S-14) I-S/Palomar Street bridge widening (27SlfX SOlfX $3S0/sf)
IS. (I.S-1S) I-S/Main Street NB on/off ramps traffic signal (CV share $120k)
16. (I-S-16) I-S/Main Street bridge widening (27SlfX 20lfX $3S0/sf)
17. (1-5-17) [-5 HOV & Managed Lanes from SR905 to SR54 (63.4% in CI1
18. STM 361
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a. 1-5 Multi-Modal Corridor Study (80% Fed. DEMO funds)
b. (SANDAG cost estimate is $4.3M & CV share TBD.) .
Interstate-805 Improvements
19. (I-805-1) NB on-ramp widening & metering at Bonita, East H St (EB-NB),
Telegraph Canyon Road (project 1-805-1 is 100% funded in 2006 RTIP with State
funds.)
20. (l-805-1) Main St 11l1dercrossil1g wide11il1g for EB-NB lelt turn lane
State Route 54 Improvements
21. (SR-54-1) SR-54 \VB off-ramp restripe at Broadway
22. (SR-54-2) SR-54 EB off-ramp at N. Fourth Avenue - add ramp lane
Regional Arterial System (RAS) Projects
23. (RAS-I) Bonita Road from First Avenue to 1-805
24. (RAS-2) Broadway from C Street to south of Main Street (City Limits)
25. (RAS-3) E Street improvements - First Ave to Bonita RoadIE. Flower St
26. (RAS-4) E Street improvements, 1-5 to 300' east ofNB ramp
27. (RAS-5) E Street LRT grade separation (underpass LRT option)
28. (RAS-6) H Street LRT grade separation (underpass LRT option)
29. (RAS-7) H Street at Broadway EB queue jumper lane & traffic signal modifications
30. (RAS-8) H Street 14'-wide median & street light improvements (same as RAS-9)
31. (RAS-9) H Street widening to 6-lanes from Interstate-5 to Broadway
32. (RAS-I0) H Street improvements from Second Ave to Hilltop Drive
33. (RAS-H) East H St. north side improvements from Hilltop Dr. to I-80S
34. (RAS-12) L Street/Bay Blvd traffic signal & add turn lanes
35. (RAS-l3) L Street improvements south side west of Industrial Blvd
36. (RAS-14) Telegraph Canyon Road at 1-805 south side sidewalk
37. (BAS-iS) Orange A venue from Palomar Street to Hilltop Drive
38. (RAS-16) Palomar Street improvements from 1-5 to I-80S
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39. (RAS-17) MaiD St. improvements from 1-5 to 1-805 (See GPU Table 5.10-6)
40. (RAS-I8) H St/4th Ave add "WB-NB & EB-SB right turillanes
41. (RAS-I9) H St/4thAve add "WB-NB & EB-SB right turillanes
General Plan Impacts and Mitigations
42. (GP-l) E. St. from Marina tol-S
43. (GP-2) Marina Parkway from E-J St.
44. (GP-3) L St. from Hilltop to I-80S
4S. (GP-4) Main St. from l-S to Broadway
46. (GP-S) Main St. from Broadway to Hilltop Dr.
47. (GP-6) Third Avenue from L St. to Palomar St.
48. (GP-7) H St. froIIf Marina to 1-5
49. (GP-8) J St. from Marina tol-S
Bicycle & Pedestrian Facilities Improvements (21 % WTDIF share per GPU)
SO. (BP-I) Bayshore Bikeway (bike path) between E Street & F Streets
51. (BP-l) F Street sidewaJk/bike Jane. improvements from 1-5 to Fourth A venue
S2. (BP-3) Industrial Blvd improvements & bike lanes from L St. to Main Street
53. (BP-4) Main Street bike lues from Industrial Blvd & /-805
54. (BP-5) Oruge A ve. bike lanes from Palomar St. to Hilltop Drive ,
SS:. (BP-6) Develop bicyc1epaths & pedestrian access to Third Avenue
Midbayfront Local Coastal Program Roadways
56. (Mid-I) E Street restripe to add EB-NB dual left t\rm to NB 1-5 on-ramp.
57. (Mid-2) 1-5/E St. SB off-ramp widening to add fourth lane
58. (Mid-3) Bay Blvd 15' widening along Westerly Curb Line at E St. approach for
I SB/3NB '
59. (Mid-4) 1-5/E St. NB widen off-ramp to add 3rd lane for Right Turn only lane
60. (Mid-5) E St revisions to median and North Curb Line east of 1-5 to add 3rd "WB
lane.
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61. (Mid-6) Marina Parkway 4-lane from ESt. to J St.
62. (Mid-7) E St./Woodlawn Ave EB-SB RT lane plus a Traffic Signal)
63. (Mid-8) E St. at Broadway add WB & EB LT lane + WB & EB RT only lane. plus
a Traffic Signal & No RIW costs.
64. (Mid-9) F St/Broadway restriping to provide EB-SB & WB-NB RT lane
65. (Mid-10) H Street widening at Broadway for WB Thru & EB Thru & RT only.
Other Roadways
66. (OR-I) N. 4th AvenueiBrisbane Ave traffic signal modifications
67. (OR-2) Second AvenuelD Street all-way stop installation
68. (OR-4) Trmc Mal1agement Center (30 % TDIF/30% WTDIF/40%TSFund)
3.55.040 Territorv to which fee applicable.
The area of the City of Chula Vista to which the fee herein established shall be applicable is the
territorial limits of the western portion of the City ofChula Vista ("territory") as defined above, as they
may from time to time be amended.
3.55.050 Establishment of a 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 proj ect within the western
portion of the City of Chula Vista. The WTDIF fee in the amounts set forth in CVMC 3.55.030 is
hereby established to pay for transportation improvements and facilities within the western portion of
the City of Chula Vista.
3.55.060 Deterrmination offees bv land use catel!orv.
A. 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, to"l,vnhouses, duplexes, triplexes,
and apartments. The density of the development type shall be based on the
number of dwelling units per gross acre for single-family or multifamily
residential and shall be based upon the densities identified on the approved
tentative map or approved tentative parcel map entitling the development
unless otherwise approved in writing by the City Manager's designee.
B. Co=ercial/office and industrial development projects shall be charged on a
per acre or per square footage basis. For purposes of this fee, gross acreage
and lor square footage as it applies to the co=ercial, industrial and office
development types, means all land area that the City Manager's designee
deems necessary within the boundary of the parcel or parcels of the
development proj ect for which building permits are being requested.
C. The fee multiplied by the total number of dwelling units, square footage or
acres within a given development project represents a developer's fair share
("fair share") for that a~5>pment project.
3.55.070 Time to determine 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. No building permit shall be issued unless the development impact fee is paid. The
fees shall be deposited into a WTDIF fund, which is hereby created, and shall be expended only for the
purposes set forth in this chapter. The Director of Finance is authorized to establish various accounts
within the fund for the various improvements and facilities identified in this chapter and to periodically
make expenditures from the fund for the purposes set forth herein in accordance with the facilities
phasing plan or capital improvement plan adopted by the City Council. The City Council finds that
collection of the fees. established by this chapter at the time of the building permit is necessary to
ensure that funds will be available for the construction of facilities concurrent with the need for those
facilities and to ensure certainty in the capita! facilities budgeting for the western part of the City.
3.55.080 Puroose and nse of fee.
The fees collected shall be used by the City for the following purposes as determined by the City
Council:
1. To pay for the construction of facilities by the City, or to reimburse
the City for facilities installed by the City with funds from other
sources.
2. To reimburse developers who have been required by
CYMC3.55.150 A to install improvements that are major streets
and are listed in CYMC 3.55.030.
3. To reimburse developers who have been permitted to install
improvements pursuant to CYMC 3.55.150 B.
3.55.090 Amount of fee.
A. The fee shall be the amounts as set forth below in Table 1. The fee- shall be adjusted: on July I
of each year beginning in 2009. The annual inflation adjustment will be 2 % or based on
Caltrans highway construction cost index, whichever is higher. The program collects 2% of the
total improvement cost estimate for staff administration and an additional I % for SANDAG
Administrative costs.
B. Adjustments of the fee based upon the annual inflation adjustment or the Caltrans Highway
Construction Cost Index shall be automatic and shall not require further action by the City
Council. The WTDIF 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.
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Table 1
PROPOSED WTDIF FEE PER LAND USE CLASSIFICATION
Proposed TDIF Fee Der EDD:
. . ..,-c- .
Land Use Classification
RESIDENTIAL
Residential CLOW)
Residential (MED)
Residential' !HIGH)
Mobile Home
COMMERCIAL
Regional Commercial
Community Commercial
Nei<!hborhood Commercial
Nehhborhood Commercial
Street Front Commercial
Retail Co=ercial
Wholesale Trade
OFFICE
1Hi<!h Rise Office
1.ow Rise Office
ILOW Rise Office (in thousands
of sauare feet)
Medica! Office
ILODGING
IT"OW Rise HotellMotel
LOW Rise Hotel or Motel
High Rise Hotel
INDUSTRY
Heavy Industry
Warehouse IStoracre
Industrial Park
Li~ht Industrial
I
I
0-6 dwe llin~ units aer acre
6.1 To 20 dwellina units ner acre
Over 20 dwellina units ner acre
Contain 1-5 major dept. stores & lLSually have
more than 50 tenants. Typically larger than 40
acres.
Smaller in that size than regional. Contain junior
Dept. Store or variety Store;( Le. Target Center
with other commercial stores)as a major tenant
and have 15 to 50 other tenants. Smaller in size,
8-20 acres.
Less than 10 acres. Includes supermarket and
drua store. May include office spaces. .
Same as above but in Sauare Footaae
Commercial activities found along major streets,
not in a planned center with limited on-site
oarkina.
Saecialtv Retail/Stria Commercial
Usually located near transportation facilities.
Structures are usually large and cover majQrity of
~e parcel. Examples are clothing and supply,
also includes swan meet areas.
More than 100,000 S.F. and 6+ Stories
< 6 Stories
< 6 Stories
Medi.a! and Dental Facilities
< 4 Stories
< 4 Stories
>=4 Stories
Shipbuilding, airframe, and aircraft
Imanufacturing. Usually located next to
transportation facilities and co=ercial areas.
IParcels are tvnicallv 20-50 Acre.
L.! sually large buildings Ideated near freeways,
industrial or strin commercial areas.
Office/industrial uses clustered into a center. The
primary uses are industrial by may include high
ercentages of other uses in service or retail
activities.
All other industrial uses and manufacturing not
included in cateaories abov01- 6 7
I
$3,243.00
EDUs
TDIF Rate
lner EDU
.8 per EDU
.6 per EDU
.5 per EDU
$3,243/ DU
$2,594/ DU
$1,946/DU
$1,622/DU
20 EDU/ Acre
$64,860 / Acre
28EDU/Acre
$90,8041 Acre
48 EDU/ Acre
4.8 EDU/KSF
$155,6641 Acre
$15,664/KSF
16EDU/Acre
16 EDU/Acre
$51,888/Acre
$51,888IKSF
24EDU/Acre $77,832/Acre
60EDU/Acre $194,5801 Acre
30 EDU/Acre $97,290IAcre
2EDU/KSF $6,486/ KSF
50 EDU/Acre $162,1501 Acre
20 EDU/ Acre $64,8601 Acre
I EDU/Room $3,243 / Room
30 /EDU/ Acre $97,290/ Acre
12EDU/Acre
$38,916IAcre
6EDU/Acre
$19,458/ Acre
9 EDU/Acre
$29,lg7/Acre
20EDU/Acre
$64,8601 Acre
3.55.100 Development proiects exempt from the fee.
A. Development proj ects by public agencies shall be exempt from the provisions of the fee if those
proj ects are designed to provide the public service for which the agency is charged ("public
purpose").
B. Co=unity purpose facilities which are not operated for profit ("nonprofit co=unity purpose
facilities") are also exempt inasmuch as these institutions provide benefit to the co=unity 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
co=unity 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 co=unity purpose
facilities shall for any reason be invalid, the City Council hereby allocates the nonprofit
co=unity 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 co=erciallindustrial acreage.
3.55.110 Authority for acconntine: and expenditures.
. A. The fees collected shall be deposited into a Western Transportation Development Impact Fee
financing fund ("WTDIF fee fund," or "fund"), which is hereby created and shall be expended
only for the purposes set forth in this chapter.
B. The director of finance is authorized to establish a single fund for the various facilities
identified in this chapter and to periodically make expenditures from the fund for the purposes
set forth herein.
3.55.120 Findine:s.
The City Council finds that:
A. Collection of the fee established by this chapter at the time of the building permit issuai"lce is
necessary to provide funds for the transportation facilities identified in CYMC 3.55.030 and to
ensure certainty in the capital facilities budgeting for growth impacted public transportation
facilities; and
B. The purpose of the Fees hereby enacted prevents new development from reducing the quality
and availability of public transportation infrastructure facilities provided to residents of the City
by requiring new development to contribute to the cost of additional capital transportation
infrastructure improvements needed to meet the growth generated by such development; and
C. The revenue from the fees hereby enacted will be used to construct public facilities and
infrastructure and pay for other capital expenditures needed to serve new development as
identified in the Engineer's Report dated February, 2008; and
D. Based on analysis presented in the Engineer's Report there is a reasonable relationship between
1. The use of the fees and the types of development projects on which they are imposed and
2. The need for facilities and the types of development projects on which .the fees are imposed.
3. The amount of the fee and the cost of the public facility or portion of the public facility
attributable to the development on which the fee is imposed.
2-68
3.55.130 Fee additional to other fees and chaTl!es.
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
3.55.150 Developer construction of transportation 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 the
construction of a portion of a transportation facility identified in Section 3.55.030 the City
Council may impose an additional requirement that the developer install the improvements
with supplemental size, length or capacity in order to ensure efficient and timely construction
of the transportation facilities network. If such a requirement is imposed, the City Council
shall, in its discretion, enter into a reimbursement agreement with the developer, or give a
credit against the fee otherwise levied by this chapter on the development project, or some
combination thereof.
B. Whenever a developer requests reimbursement, or a credit against fees, for work to be done or
paid for by the developer under subsection (A) of this section, the request shall be submitted in
writing to the City Manager's designee.
1. The request shall contain a description of the proj ect with a detailed cost estimate
which itemizes those costs of the construction attributable to the transportation facility
proj ect and excludes any work attributable to a specific subdivision proj ect. The
estimate is preliminary and the amount of reimbursement or credit against fees is
subject to final determination by the City Manager's designee. Additional information
shall be provided to the City by the developer upon request of the City.
2. Such reimbursement or credit against fees shall be subject to the follQ\.ving conditions:
a. Requirements of Developer.
i. Preparation of plans and specifications for approval by the City;
ii. Secure and dedicate any right-of-way required for the transportation facility
project;
iii. Secure all required permits and environmental clearances necessary for the
transportation facility project;
i v. Provision of performance bonds (where the developer intends to utilize provisions
for immediate credit, the performance bond shall be for 100 percent of the value of the
transportation facility project);
v. Payment of all City fees and costs.
b. The City will not be responsible for any of the costs of constructing- the
transportation facility project. The developer shall advance all necessary funds to construct the
transportation facility project.
c. The developer shall secure at least three qualified bids for work to be done and shall
award the construction contract to the lowest qualified bidder. The developer may combine the
construction of the transportation facility project with other development-related work and
award one construction contract for the combined work based on a clearly identified process
for determining the low bidder, all as approved by the City Manager's designee. Should the
construction contract be awarded to a qualified bidder who did not submit the lowest bid for
the transportation facility proj ect portion of the contract, the developer will only receive
transportation development impact fee credit based on the lowest bid for the transportation
facility portion of the contract. Any claims for additional payment for extra work or charges
shall be justified, shall be documented to the satisfaction of the City Manager's designee and
2-69
shall only be reimbursed at the prices for similar work included in the lowest bid for the
transportation facility portion of the contract.
d. Upon complying with the conditions set forth in subsections (B)(l) and (B)(2)(a) of
this section as determined by the City and upon approval of the estimated cost by the City
Manager's designee, the developer shall be entitled to immediate credit for 50 percent of the
estimated cost of the construction attributable to the transportation facility project. Once the
developer has received valid bids for the project which comply with subsection (B)(2)(c) of
this section, entered into binding contracts for the construction of the project, and met the
conditions set forth in subsections (B)(l) and (B)(2)(a) of this section as determined by the
City, all of which have been approved by the City Manager's designee, the amount of the
immediate credit shall be increased to 75 percent of the bid amount attributable to the
transportation facility project. The immediate credits shall be applied to the developer's
obligation to pay transportation development impact fees for building permits issued after the
establishment of the credit. The developer shall specify these building permits to which the
credit is to be applied at the time the developer submits the building permit applications.
e. If the developer uses all of the immediate credit before final completion of the
transportation facility project, then the developer may defer payment of development impact
fees for other building permits by providing to the City liquid security such as cash or an
irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the
remaining amount of the estimated cost of the transportation facility proj ect.
f. 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 transportation facility project
to the City. The City Manager's designee shall make the final determination on expenditures
which are eligible for credit or cash reimbursement.
g. After final determination of eligible expenditures has been made by the City
Manager's designee and the developer has complied with the conditions set forth in subsection
(B) of this section, the final amount of transportation development impact fee credits shall be
determined by the City Manager's designee. The developer shall receive credit against the
deferred fee obligation in an amount equal to the difference between the final expenditure
determination and the amount of the 75 percent immediate credit used, if any. The City shall
notify the developer of the final deferred fee obligation, and of the amount of the applicable
credit. If the amount of the applicable credit is less than the deferred fee obligation, then the
developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the
30-day period, the City may make a demand against the liquid security and apply the proceeds
to the fee obligation.
h. At the time building permits are issued for the developer's project, the City will
incrementally apply credit which the developer has accrued in lieu of collecting the required
transportation development impact fees. The amount of the credit to be applied to each
building permit shall be based upon the fee schedule in effect at the time of the building permit
issuance. The City Manager's designee shall convert such credit to an EDU basis for
residential development and/or a gross acre basis for co=ercial or industrial development for
purposes of determining the amount of credit to be applied to each building permit.
i. If the total eligible construction cost for the transportation facility project is more than
the total transportation development impact fees which will be required for the developer's
project, then the amount in excess of development impact fees will be paid in cash when fimds
are available as determined by the City Manager; a reimbursement agreement will be executed;
or the developer may waive reimbursement and use the excess as credit against future
transportation development impact fee oblig~tions. Th~ ~ity may, in its discretion, enter into
an agre=ent with the developer to convert~xJegs credit mto EDD and/or gross acre credits for
use against future development impact fee obligations at the fee rate in effect on the date of the
agreement.
j. The requirements of this subsection (B) of this section may, in the City's discretion,
be modified through an agreement between the developer and the City and approved by City
Council.
C. "Whenever a transportation development impact fee credit is generated by
constructing a transportation facility using assessment district or community
facilities district financing, the credit shall only be applied to the
transportation development impact fee obligations within that district.
3.55.160 Procedure for fee waiver or reduction.
A. Any developer who, because of the nature or type of uses proposed for a
development proj ect, contends that application of the fee imposed by this
chapter is unconstitutional, or unrelated to mitigation of the traffic needs or
burdens of the development, may apply to the City Council for a waiver,
reduction, or deferral of the fee. A development which is designed and
intended as a temporary use (10 years or less) and which is conducted in
facilities which are, by their nature, short-term interim facilities such as a
portable or modular building (including mobile homes, trailers, etc.) may
qualify for a waiver, reduction, or deferral. In addition, a deferral may be
granted on the basis of demonstrated economic hardship on the condition that:
(1) the use offers a significant public benefit; (2) the amount deferred bears
interest at a fair market rate so as to constitute an approximate value
equivalent to a cash payment; and (3) the amount deferred is adequately
secured by agreement with the applicant. Unless the requirement for timely
filing is waived by the City, 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 or 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 waiver or reduction.
B. The City Council shall consider the application at a public hearing on same,
notice of which need not be published other than by description on the agenda
of the meeting at which the public hearing is held. Said public hearing should
be held within 60 days after its filing. The decision of the City Council shall
be final. If a deferral, reduction or waiver is granted, it should be granted
pursuant ,to an agreement with the applicant, and the property owner, if
different from the applicant, providing that any change in use within the
project shall subject the development to payment of the full fee. The procedure
provided by this section is additional to any other procedure authorized by law
for protesting or challenging the fee imposed by this chapter.
3.55.170 Exemptions.
Development projects by public agencies shall be exempt from the provisions of this fee. Exempt
development uses with the following characteristics or activities as a principal use of land, generally
described as "co=unity purpose facility" as defined above in CYMe Section 3.55.020.
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3.55.180 Assessment districts.
If any assessment or special taxing district is established for any or all of the facilities listed in Section
3.55.030 the owner or developer of a project may apply to the City Council for a credit against the fee
in an amount equal to the development's attributable portion of the cost of the authorized
improvements as determined by the City Manager's designee, plus incidental costs normally occurring
with a construction proj ect, but excluding costs associated with assessment district proceedings or
financing.
3.55.190 Economic incentive credit.
The City Council may authorize the City to participate in the financing of transportation facility
projects or portions of transportation facility projects as defined in Section 3.55.030 at the time of the
appropriation of funds by City Council for the construction of an eligible transportation facility, the
City shall be eligible to receive a credit known hereafter as an economic incentive credit. Such
economic incentive credit may be applied to development impact fee obligations for those projects
which the City Council determines, in its sole discretion, to be beneficial to the City. The use of the
economic incentive credit may be subject to conditions which shall be set forth in a written agreement
betvveen the developer of the project and the City and approved by City Council.
The City may receive economic incentive credit only for those eligible projects identified in Section
3.55.030 for amounts of funding not identified in the financial and engineering study "Western
Transportation Development Impact Fee" report dated February 2008.
3.55.195 FUIlIld loans.
A.
B.
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 or upon resolution of the City Council 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.
Developer Loans. A developer may loan funds to the City as outlined
in CVMC 3.55.150. The City may repay said developer loans with
interest, under the terms listed in subsection (A) of this section.
3.55.200 Effective date.
This chapter shall become effective
SECTION 3: Effective Date
This Ordinance shall become effective 60 days after its second reading and adoption.
Jack Griffin
Engineering and General Services Director
Approved as to form by
0.- YYl/-~
Ann Moore
City Attorney
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Presented by