HomeMy WebLinkAboutOrd 2009-3120ORDINANCE N0.3120
ORDINANCE OF THE CITY OF CHULA VISTA
ESTABLISHING THE DEVELOPMENT AND PROCESSING
IMPACT FEE PAYMENT PLAN PROGRAM
WHEREAS, the City of Chula Vista (City) requires the payment of various types of
development impact fees to help address the impacts of new development; and
WHEREAS, on August 7, 1990, pursuant to Ordinance No. 2384, the City Council
established the Telegraph Canyon Drainage Fee; and
WHEREAS, Ordinance No. 2384 requires that the Telegraph Canyon Drainage Fee be
paid before the approval by the City of the development project, or if not paid at the time of
approval of the final map or pazcel map, the fee must be paid before the issuance of the first
building permit for the development; and
WHEREAS, on December 9, 1997, pursuant to Ordinance No. 2716, the City Council
establish the Poggi Canyon Sewer Basin Development Impact Fee; and
WHEREAS, Ordinance No. 2716 requires that the Poggi Canyon Sewer Basin
Development Impact Fee be paid in cash upon the issuance of a building permit; and
WHEREAS, on January 5, 1999, pursuant to Ordinance No. 2767, the City Council
established the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee; and
WHEREAS, Ordinance No. 2767 requires that the Otay Ranch Village 1 and 5 Pedestrian
Bridge Development Impact Fee be paid prior to the issuance of building permits for residential
development projects; and
WHEREAS, on February 18, 2003, pursuant to Ordinance No. 2898, the City Council
established the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11;
and
WHEREAS, Ordinance No. 2898 requires that the Pedestrian Bridge Development
Impact Fee for Otay Ranch Village 11 be paid in cash upon the issuance of a residential building
permit; and
WHEREAS, Chapter 3.32 of the Chula Vista Municipal Code establishes the Residential
Construction Tax; and
WHEREAS, the Residential Construction Tax requires that the tax be paid upon the
application for a building permit; and
Ordinance No. 3120
Page 2
WHEREAS, Chapter 3.50 of the Chula Vista Municipal Code establishes the
Development Impact Fees to Pay for Various Public Facilities (PFDIF); and
WHEREAS, the PFDIF requires that the fee be paid upon the issuance of a building
permit; and
WHEREAS, Chapter 3.54 of the Chula Vista Municipal Code establishes the
Transportation Development Impact Fee for the Eastern Territories of the City (TDIF) and
Chapter 3.55 of the Municipal Code establishes the Western Transportation Development Impact
Fee (WTDIF); and
WHEREAS, both the TDIF and the WTDIF require that the fee be paid upon the issuance
of a building permit; and
WHEREAS, Section 13.14.090 of the Chula Vista Municipal Code establishes the
Sewage Capacity Chazge; and
WHEREAS, the City recognizes that the payment of fees represents a substantial
financial commitment for many projects; and
WHEREAS, the City recognizes that establishing a payment plan for certain fees may
assist in the development of projects; and
WHEREAS, this Ordinance establishes a payment plan for certain development
processing and impact fees for a specified period of time.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section 1. Environmental Review
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.
Section 2. Purpose
The City Counci] of the City of Chula Vista desires to encourage the construction of
residential and nonresidential development projects within the City. The City Council finds that
the eazly payment of certain impact fees for new development creates such a barrier to such
development and desires, by the adoption of this Chapter, to ease such barrier by establishing a
payment plan for certain development impact fees.
Ordinance No. 3120
Page 3
Section 3. Definitions
"Applicant" means the owner of the real property or the developer with an approved
development project who seeks a development impact fee payment plan pursuant to this
Ordinance.
"Approved Residential Development Project" means a mazket rate residential development
consisting of single-family or multifamily residential units sold or rented at prevailing market
rates and free of any affordability restrictions which has received final discretionary action by the
City and which is in compliance with all environmental requirements due prior to issuance of a
building permit.
"Approved Development Project " means a nonresidential development which has received
final discretionary action by the City and which is in compliance with all environmental
requirements due prior to issuance of a building permit.
Section 4. Development Impact Fees Subject to the Payment Plan Program
Notwithstanding the provisions of Chapters 3.32, 3.54 and 3.55 of the Chula Vista Municipal
Code and the Ordinances listed below, the provisions of this Ordinance shall apply only to the
following development impact fees:
(a) the Sewer Capacity Fee codified in Section ]3.14.090 of the Chula Vista Municipal
Code;
(b) the Residential Construction Tax codified in Chapter 3.32 of the Chula Vista Municipal
Code;
(c) the Development Impact Fees to Pay for Various Public Facilities codified in Chapter
3.50 of the Chula Vista Municipal Code;
(d) the Eastern Area Transportation Development Impact Fee codified in Chapter 3.54 of
the Chula Vista Municipal Code;
(e) the Western Transportation Development Impact Fee codified in Chapter 3.55 of the
Chula Vista Municipal Code;
(f) the Telegraph Canyon Drainage Fee established on August 7, 1990 pursuant to
Ordinance No. 2384;
(g) the Poggi Canyon Sewer Basin Development Impact Fee established on December 9,
1997, pursuant to Ordinance No. 2716;
(h) the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee established
on January 5, 1999, pursuant to Ordinance No. 2767; and
Ordinance No. 3120
Page 4
(i) and the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11
established on February 18, 2003, pursuant to Ordinance No. 2898.
Section 5. Establishment of the Development Impact Fee Payment Plan Program
(a) The Development Impact Fee Payment Plan Program is established for those
development impact fees listed in Section 4.
(b) The Development Impact Fee Payment Plan Program shall apply only to Approved
Residential Development Projects and Approved Development Projects as defined in
this Ordinance.
(c) An Applicant may file an application with the City to request a payment plan for any or
all of those development impact fees listed in Section 4.
(d) The Applicant shall deposit with the City an amount to be determined by the City
Manager for an Approved Residential Development Project or an Approved
Development Project at the time the building permits aze issued. No building permit
shall be issued for an Approved Residential Development Project or an Approved
Development Project subject to this Ordinance unless the Applicant has paid this
deposit.
(e) The Applicant, and the owner of the property, if different, shall be required to enter into
an agreement with the City, in a form approved by the City Attorney, agreeing to the
payment plan.
(f) The maximum period for any payment plan pursuant to this Chapter is twelve (12)
months from the date of issuance of building permits. This period may be extended once
for twelve (12) months at the discretion of the City Manager. Any additional extensions
shall be at the discretion of the City Council.
(g) All fees subject to the Development Impact Fee Payment Plan Program shall be paid in
full the eazlier o£ (1) the City's approval and signature on the final inspection cazd by
the Director of Planning and Building, or designee, for an Approved Residential
Development Project; or (2) the issuance of the certificate of occupancy for an Approved
Development Project; or (3) the end of the maximum period described in subsection (f)
of this Section 5.
Section 6. Agreement Shall Constitute a Lien
The Applicant and the owner of the property, if different, shall execute a Development
Impact Fee Payment Plan Program Agreement with the City. The Agreement shall be recorded
by the City and shall constitute a lien against the property for the payment of the fees. The City
Manager shall execute the Agreement on behalf of the City.
Ordinance No. 3120
Page 5
Once the obligation is paid in full, the City shall record a Release of the Lien.
Section 7. Determination of the Amount of Development Impact Fees
The amount of development impact fees owed by the Applicant shall be determined by the
City pursuant to the provisions outlined in the Municipal Code or in the ordinances establishing
the fees. These amounts shall be fixed as of the date of the execution of the Development Impact
Fee Payment Plan Agreement by the City. The amounts of these fees shall not change as long as
the Applicant is in full compliance with all provisions and requirements of this Ordinance and
the Development Impact Fee Payment Plan Program Agreement. If, however, the Applicant fails
to comply with all the provisions and requirements of this Ordinance or the Agreement, the City
may adjust the development impact fees to reflect the current rates for the fees.
Section 8. Not Transferable
The City's approval of a Development Impact Fee Payment Plan is not transferable to any
other project, even if the Applicant is the same and the other project would qualify for the
Development Impact Fee Payment Plan Program.
Section 9. Recordation Costs
The Applicant shall pay all costs of recordation of documents required pursuant to this
Ordinance and the Development Impact Fee Payment Plan Program Agreement at the execution
of the Development Impact Fee Payment Plan Program Ageement by the City.
Section 10. Expiration of this Ordinance
This Ordinance shall take effect thirty days after final passage and shall expire on
December 31, 2010, and as of that date, is repealed.
Presented by
'~.
Richard A. Hopk' s
Engineering Director
Approved as to form by
B . Mies eld
City Atto~ey
Ordinance No. 3 ] 20
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of January 2009, by the following vote:
AYES: Councilmembers: Bensoussan Castaneda, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, ayo
ATTEST:
Donna R. Noms, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3120 had its first reading at a regulaz meeting held on the 16th day of December
2008 and its second reading and adoption at a regulaz meeting of said City Council held on the
6th day of January 2009; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Executed this 6th day of January 2009.
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Donna R. Norris, 'MC, City Clerk