HomeMy WebLinkAboutOrd 2008-3110
ORDINANCE NO. 3110
ORDINANCE OF THE CITY OF CHULA VISTA ACCEPTING
THE WESTERN TRANSPORTATION DEVELOPMENT
IMPACT FEE REPORT (TF-358) PREPARED BY STAFF AND
ESTABLISHING A WESTERN TRANSPORTATION
DEVELOPMENT IMPACT FEE PROGRAM TO MITIGATE
TRANSPORTATION IMPACTS 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 1988, 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
ofI-805;and
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
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 ofthe State CEQA
Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity
is not subject to CEQA; and
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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
WHEREAS, pursuant to Govemment Code Section 660] 7(a), the fees proposed by this
ordinance will not become effective until sixty (60) days after its second reading.
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
west side 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 ofl-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 Genera] 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.
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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 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:
I. Any new residential dwelling unit developed on vacant land;
2. Any new commercial/office or industrial development constructed on vacant land;
3. Any expansions to established developments or new developments on non-vacant
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 non-vacant 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.
"Community purpose facility" means a facility which serves one of the following
purposes:
I. 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;
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5. Senior care and recreation;
6. Worship, spiritual growth and development.
G.
"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.
"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 ofthe City Clerk.
"Regional Arterial System" (RAS) RAS roadways are generally
described as those facilities that act as a critical link in providing
direct connections between commurrities ensuring 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
"Special land use" means any nonresidential, non-
commercial/office or non-industrial development project (e.g.,
Olympic Training Center, hospitals, utilities), or non-special
purpose project.
"Special purpose project" means any for-profit community
purpose facility (e.g., day care).
H.
1.
J.
K.
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.
E. 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.
e. The facilities are as follows:
1. (1-5-1) I-5/E Street NB off-ramp re-striping add lane
2. (1-5-2) I-5/E Street/Bay Blvd SB off-ramp re-striping add lane
3. (1-5-3) I-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 re-striping add lane
7. (1-5-7) I-5/H Street SB off-ramp re-striping add lane
8. (1-5-8) H Street bridge widening over 1-5 (200'X40'X$350/sf)
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9. (]-5-9) ]-5/J Street NB off-ramp re-striping add lane
]0. (]-5-]0) 1-5/J Street under crossing widening add EB-NB (175x20X$350)
] 1. (I - 5- ] ]) L Street bridge widening over 1-5 (S/W for peds 300' X ] 2' )(2] %)
]2. (1-5-]2) ]-5/Bay Blvd (south ofL St.) SB on/offramps traffic signal
13. (1-5-13) ]-5/lndustria] Blvd NB on/off ramps traffic signal
]4. (1-5-]4) ]-5/Palomar Street bridge widening (2751fX 501fX $350/sf)
]5. (1-5-]5) 1-5/Main Street NB on/off ramps traffic signal (CV share $]20k)
]6. (1-5-]6) 1-5/Main Street bridge widening (2751fX 201fX $350/sf)
] 7. (1-5-]7) ]-5 HOV & Managed Lanes from SR905 to SR54 (63.4% in CV)
]8. STM 36]
a. 1-5 Multi-Modal Corridor Study (80% Fed. DEMO funds)
b. (SANDAG cost estimate is $4.3M & CV share TBD)
Interstate-80S Improvements
] 9. (1-805-1) NB on-ramp widening & metering at Bonita, East H St (EB-NB),
Telegraph Canyon Road (Project ]-805-] is ]00% funded in 2006 RTIP with State
funds. )
20. (]-805-2) Main St. under crossing widening for EB-NB left turn lane
State Route 54 Improvements
21. SR-54-1) SR-54 WB off-ramp re-stripe 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 Road/E. 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)
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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-IO) H Street improvements from Second Ave to Hilltop Drive
33. (RAS-II) East H St. north side improvements from Hilltop Dr. to 1-805
34. (RAS-12) L Street/Bay Blvd traffic signal & add turn lanes
35. (RAS-B) L Street improvements south side west ofIndustrial Blvd
36. (RAS-14) Telegraph Canyon Road at 1-805 south side sidewalk
37. (RAS-15) Orange Avenue from Palomar Street to Hilltop Drive
38. (RAS-16) Palomar Street improvements from 1-5 to 1-805
39. (RAS-17) Main St. improvements from 1-5 to 1-805 (See GPU Table 5.10-6)
40. (RAS-18) H Stl4th Ave add WB-NB & EB-SB right turn lanes
41. (RAS-19) H Stl4th Ave add WB-NB & EB-SB right turn lanes
General Plan Impacts and Mitigations
42. (GP-I) E. St. from Marina to 1-5
43. (GP-2) Marina Parkway from E-] 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)] St. from Marina to 1-5
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Bicycle & Pedestrian Facilities Improvements (21 % WTDIF share per GPU)
50. (BP-I) Bayshore Bikeway (bike path) between E Street & F Streets
51. (BP-2) F Street sidewalklbike lane improvements from 1-5 to Fourth Avenue
52. (BP-3) Industrial Blvd improvements & bike lanes from L St. to Main Street
53. (BP-4) Main Street bike lanes from Industrial Blvd & 1-805
54. (BP-5) Orange Ave. 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 re-stripe to add EB-NB dual left turn to NB 1-5 on-ramp.
57. (Mid-2) I-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) I-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.
61. (Mid-6) Marina Parkway 4-lane from E St. 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 R/W costs.
64. (Mid-9) F St/Broadway re-striping to provide EB-SB & WB-NB RT lane
65. (Mid-IO) H Street widening at Broadway for WB Thru & EB Thru & RT
only.
Other Roadways
66. (OR-I) N. 4th Avenue/Brisbane Ave traffic signal modifications
67. (OR-2) Second Avenue/D Street all-way stop installation
68. (OR-4) Traffic Management Center (30%TDIF/30%WTDIF/40%TSFund)
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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 project 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 ofChula Vista.
3.55.060 Determination offees bv land use catelwrv.
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.
S. 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/or 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
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 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
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Ordinance No. 3110
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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 Purpose and use offee.
The fees collected shall be used by the City for the following purposes as determined by the City
Council:
I. 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 offee.
A. The fee shall be the amounts as set forth below in Table I. 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.
Ordinance No. 3110
Page 10
Pronosed TDIF Fee Der EDU: I $3.243.00
LltlldUseClassil'iciltlon r I EIlIJS <I TOIFRatll<
RESIDENTIAL
ResidentiallLOW) 0-6 dwellin~ units Der acre I ner EDU $3.2431 DU
Residential lMEDl 6.1 To 20 dwellin~ units Der acre .8 per EDU $2.594/DU
ResidentiallHIGH) Over 20 dwellin~ units Der acre .6 per EDU $19461 DU
Mobile Home .5 per EDU $16221 DU
COMMERCIAL
Contain 1-5 major dept. stores & usually have
more than 50 tenants. Typically larger than 40
Re~ional Commercial acres. 20 EDUI Acre $64.860 I Acre
Smaller in that size than regional. Contain
"unior Dept. Store or variety Store,( i.e. Target
Center with other commercial stores )as a
Community Commercial major tenant and have 15 to 50 other tenants.
Smaller in size 8-20 acres. 28 EDUI Acre $90804/Acre
Neichborhood Commercial Less than 10 acres. Includes supermarket and
dru~ store. Mav include office SDaces. 48 EDUI Acre $155.6641 Acre
Neichborhood Commercial Same as above but in Square F oota~e 4.8 EDU/KSF $15664/KSF
Commercial activities found along major
streets, not in a planned center with limited on-
Street Front Commercial site Darkin~. 16EDU/Acre $51 8881 Acre
Retail Commercial Soecialty RetaiVStrio Commercial 16EDU/Acre $51.888/KSF
Usually located near transportation facilities.
Structures are usually large and cover majority
of the parcel. Examples are clothing and
Wholesale Trade sUDolv. also includes swao meet areas. 24EDU/Acre $77832/Acre
OFFICE
Hi~h Rise Office More than 100,000 S.F. and 6+ Stories 60EDUlAcre $194580/Acre
Low Rise Office < 6 Stories 30 EDU/Acre $97 290 I Acre
Low Rise Office (in thousands < 6 Stories
of sauare feen 2 EDU/KSF $64861 KSF
Medical Office Medical and Dental Facilities 50 EDUI Acre $1621501 Acre
LODGING
Low Rise HotellMotel < 4 Stories 20EDU/Acre $64 860 I Acre
Low Rise Hotel or Motel < 4 Stories 1 EDUlRoom $3 2431 Room
High Rise Hotel >=4 Stories 30 IEDUI Acre $97 290 I Acre
INDUSTRY
Shipbuilding, airframe, and aircraft
manufacturing. Usually located next to
Heavv Industrv transportation facilities and commercial areas.
Parcels are tvoicallv 20-50 Acre. 12 EDUI Acre $38 9161 Acre
Usually large buildings located near freeways,
Warehouse IStorage industrial or strio commercial areas. 6 EDUI Acre $19458/Acre
Office/industrial uses clustered into a center.
The primary uses are industrial by may include
high percentages of other uses in service or
Industrial Park retail activities. 9EDU/Acre $29187/Acre
Li~t Industrial All other industrial uses and manufacturing
not included in cate2:ories above. 20 EDUI Acre $64.860 I Acre
Table 1
PROPOSED WTDIF FEE PER LAND USE CLASSIFICA TION
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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. Community purpose facilities which are not operated for profit (nonprofit community
purpose facilities) are also exempt inasmuch as these institutions provide benefit to the
community as a whole, including all land use categories which are the subject matter of
the fee. The City Council hereby determines that it is appropriate to spread any impact
such nonprofit community purpose facilities might have to the other land use categories
subject to the fee. In the event that a court determines that the exemption herein extended
to community purpose facilities shall for any reason be invalid, the City Council hereby
allocates the nonprofit community purpose facilities' fair share to the City of Chula Vista
and not to any of the land use categories which are the subject matter of the development
impact land use categories.
C. Development projects which are additions or expansions to existing dwelling units or
businesses, except special land use projects, shall be exempt if the addition or expansion
does not result in a net increase in dwelling units or commercial/industrial acreage.
3.55.110 Authority for accountinl! and expenditures.
A. The fees collected shall be deposited into a Western Transportation Development Impact
Fee financing fund (WTDlF 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 CVMC
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
I. 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.
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Page 12
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.
3.55.130 Fee additional to other fees and chan!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.
I. 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 ofthe 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 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-
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Ordinance No. 3110
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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 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 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 wruch 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
Ordinance No. 3110
Page 14
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 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 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 convert excess
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 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 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
...__.~J
B.
Ordinance No. 3110
Page 15
building permit application. The application shall state in detail
the factual basis for the claim of waiver or reduction.
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 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.
3.55.180 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.
3.55.190 Fund loans.
A.
Loans by the City. The City may loan funds to the fund to pay for
facilities should the fund have insufficient funds to cover the cost
of said facility. Said loans, if granted, shall be approved upon the
adoption of the annual City budget 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
Ordinance No. 3110
Page 16
B.
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 May 17, 2008.
SECTION 3: Effective Date
This Ordinance shall become effective 60 days after its second reading and adoption.
Presented by
Approved as to form by
General Services Director
~~~-t~~\
Ann Moore
City Attorney
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Ordinance No.3 I 10
Page 17
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of March 2008, by the following vote:
AYES: Councilmembers:
Castaneda, Ramirez, and Cox
NA YS: Councilmembers:
McCann
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
Rindone
ATTEST:
ch",~bt,~1
(
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No.3 I 10 had its first reading at a regular meeting held on the 4th day of
March 2008 and its second reading and adoption at a regular meeting of said City Council held
on the 18th day of March 2008; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Executed this 18th day of March 2008.
Donna R. Norris,