HomeMy WebLinkAboutOrd 1998-2759ORDINANCE NO. 2759
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
ORDINANCE NO. 2579 RELATING TO ESTABLISHING A
PROCEDURE FOR FEE WAIVER OR REDUCTION WITHIN THE
INTERIM PRE-SR-125 DEVELOPMENT IMPACT FEE
WHEREAS, Ordinance No. 2579 establishing an interim pre-SR-125 Development
Impact Fee to pay for transportation facilities in the City's eastern territories was adopted by
the City Council on January 4, 1994; and
WHEREAS, as adopted, that ordinance did not have a procedure for fee waiver or
reduction; and
WHEREAS, based on a recent development which paid an estimated fee with an
understanding that actual traffic generation rates would be studied after the project was
opened, a portion of the fee payment should be refunded; and
WHEREAS, therefore, Ordinance No. 2579 needs to be amended to adopt regulations
permitting such a refund.
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION h That Ordinance No. 2579 is hereby amended by adding a new Section 5
to establish a procedure for fee waiver or reduction for the Pre-SR-125 Development Impact
Fee to read as follows:
SECTION 5. Refund Provision.
Any developer who, because of the nature or type of uses proposed for a development
project contends that application of the fee imposed is unconstitutional, unrelated to
mitigation of the traffic needs or burdens of the development, or may have been
incorrectly assessed, may apply for a waiver or reduction of the fee. The application
for the waiver or reduction shall be made in writing and filed with the City Engineer not
later than the ten days after notice of public hearing on the development permit
application is given, or if no development permit is required, at the time of the filing of
the building permit application. The application for a waiver or reduction shall state in
detail the factual basis for the claim of waiver or reduction. The City Council shall
consider the application for a waiver or reduction within sixty days after its filing or as
otherwise mutually agreed upon by the developer and the City and that the decision
of the City Council shall be final. It further provides that if a reduction or waiver is
granted, any change in use within the project shall subject the development to
payment of the 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
ordinance.
SECTION Ih This ordinance shall take effect and be in full force on the thirtieth day
from and after its second reading and adoption.
Ordinance 2759
Page 2
Presented by
Public Works Director
Approved as to form by
·' K
Job a e y
Ordinance 2759
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of October, 1998, by the following vote:
AYES:
NAYS:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Moot, Padilia, Rindone, Salas and Horton
None
None
ABSTAIN: Councilmembers:
None
ATTEST:
~Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 2759 had its first reading at a regular meeting held on the 6th day of
October, 1998, and its second reading and adoption at a regular meeting of said City Council
held on the 13th day of October, 1998.
Executed this 13thday of October, 1998.
~uthelet, City Clerk