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HomeMy WebLinkAboutOrd 1998-2767ORDINANCE NO. 2767 AN ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA ESTABLISHING THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITIC)N OF ISSUANCE OF BUILDING PERMITS WHEREAS, the City's General Plan Land Use and Public Facilities Elements require that adequate public facilities be available to accommodate increased population created by new development; and WHEREAS, the City Council has determined that new development within certain areas within the City of Chula Vista as identified in this ordinance, will create adverse impacts on certain existing public facilities which must be mitigated by the financing and construction of those facilities identified in this ordinance; and WHEREAS, developers of land within the City are required to mitigate the burden created by their development by the construction or improvement of those facilities needed to provide service to their respective developments or by the payment of a fee to finance their portion of the total cost of such facilities; and WHEREAS, development within the City contributes to the cumulative burden on pedestrian facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and WHEREAS, the goal of the Otay Ranch General Development Plan is to organize land uses based upon a village concept to produce a cohesive, pedestrian friendly community, encourage non vehicular trips and foster interaction amongst residents; and WHEREAS, a component of the Otay Ranch circulation system is a comprehensive trail system to provide for non-vehicular alternative modes of transportation; and WHEREAS, the Otay Ranch GDP requires a non-auto circulation system, such as pedestrian walkways and bike paths, shall be provided between villages. And, where appropriate and feasible, a grade separated arterial crossing should be provided to encourage pedestrian activity between villages; and WHEREAS, Otay Ranch, Villages 1 and 5 is that area of land within the City of Chula Vista and the County of San Diego surrounded by Telegraph Canyon Road, Otay Lakes Road, Paseo Ranchero, Olympic Parkway and SR-125. This area is shown on the map marked Exhibit "1," and included as an attachment to the City of Chula Vista Pedestrian Bridge Development Impact Fee Report, dated November 6, 1998, on file in the Office of the City Engineer; and WHEREAS, City Engineering Staff has approved the City of Chula Vista Pedestrian Bridge Development Impact Fee Report ("Report") dated November 6, 1998; and WHEREAS, said the City of Chula Vista Pedestrian Bridge Development Impact Fee Report, recommends pedestrian over crossing facilities needed for pedestrian access, and Ordinance 2767 Page 2 establishes a fee payable by persons obtaining building permits for developments within Otay Ranch Villages 1 and 5 benefitting from the construction of these facilities; and WHEREAS, a series of meetings have been held with the owners and developers of properties located within Otay Ranch Villages 1 and 5 to discuss the Report and city staff recommendations establishing the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee ("Impact Fee"); and WHEREAS, the Environmental Impact Report 95-01 adequately addressed the issue of pedestrian safety and design features of the pedestrian bridges; and WHEREAS, on Decernber 8, 1998, a Public Hearing was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and establishment of the Impact Fee; and WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the Impact Fee on all developments within Otay Ranch Villages 1 and 5 in the City of Chula Vista is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and WHEREAS, the City Council has determined that the amount of the Impact Fee levied by this ordinance does not exceed the estimated cost of providing the public facilities identified by the Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CiTY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Environmental Review The Environmental Impact Report 95-01 adequately addressed environmental concerns associated with the construction of pedestrian facilities. SECTION 2. Approval of Report The City Council has reviewed the proposed Report and has adopted the same, by Resolution No.19283, in the form on file in the Office of the City Clerk. SECTION 3. "Facilities" The facilities to be financed by the Impact Fee are fully described in the Pedestrian Bridge Development Impact Fee Report and incorporated herein by this reference, ("Facilities"), all of which Facilities may be modified by the City Council from time to time by resolution. The locations at which the Facilities will be constructed are shown on Exhibit "4," of the approved City of Chula Vista Pedestrian Bridge Development Impact Fee Report which is included in the Report. The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual pedestrian generation. Ordinance 2767 Page 3 SECTION 4. Territory to Which Fee Is Applicable The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth on Exhibit "4" of the Report and is generally described herein as the "Territory." SECTION 5. Purpose The purpose of this ordinance is to establish the Impact Fee in order to provide the necessary financing to construct the Facilities within the areas shown in Exhibit "1" of the Report, in accordance with the City's General Plan. SECTION 6. Establishment of Fee The Impact Fee, to be based on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of building permits for residential development projects within the Territory, is hereby established to pay for the Facilities. SECTION 7. Due on Issuance of Building Permit The Impact Fee shall be paid in cash upon the issuance of a residential building permit. Early payment is not permitted. No building permit shall be issued for residential development projects subject to this Ordinance unless the developer has paid the Impact Fee imposed by this Ordinance. SECTION 8. Determination of Equivalent Dwelling Units Residential land uses shall be converted to Equivalent Dwelling Units for the purpose of this fee based on the following table: Land Use Single Family Detached ("SFD") Fee by Land Use People per household 3.22 Single Family Attached 2.80 ("SFA") Duplexes ("DUP") Multi Family ("MF") 2.48 2.21 EDUs 1 0.87 0.77 0.69 "SFD" means a single residential unit on a single assessor's parcel provided such assessor's parcel has a lot size greater than 3,000 square feet. "SFA" means all residential units that are not classified as SFD, DUP or MF. Ordinance 2767 Page 4 "DUP" means a residential structure that contains two separate living units that share a common wall and roof. "MF" means a condominium unit or apartment unit. SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited. The Impact 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 was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION 10. Purpose and Use of Fee The purpose of the Impact Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, to other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Impact Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Impact Fee. SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule The initial Impact Fee shall be calculated at the rate of $545 per EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section E, which shall read as follows: "E." Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. 2767, but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that there are additional rules applicable to the imposition of the Impact Fee, the language of the Ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth in Exhibit "1" of the City of Chula Vista Pedestrian Bridge Development Impact Fee Report dated November 6, 1998, and is generally described as the area surrounded by Telegraph Canyon Road, Otay Lakes Road, Paseo Ranchero, SR-125 and Olympic Parkway. b. Rate per Residential Land Use and Fee The Impact Fee shall be calculated at the rate of $545 per EDU and translated into a fee per land use based on the people per household factor given below, which rate shall be adjusted from time to time by the City Council. Ordinance 2767 Page 5 Residential Land use EDU's ' Fee Single Family Detached 1 ! $545 (SFD) Attached, Cluster 0.87 $474 Housing ("SFA") Duplexes ("DUP") 0.77 $420 Multi Family("MF") 0.69 $374 c. Residential land use categories defined. "SFD" means a single residential unit on a single assessor's parcel provided such assessor's parcel has a lot size greater than 3,000 square feet. "SFA" means all residential units that are not classified as SFD, DUP or MF. "DUP" means a residential structure that contains two separate living units that share a common wall and roof.. "MF" means a condominium unit or apartment unit. d. When Payable. The Impact Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Council shall review the amount of the Impact Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this Impact Fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are not limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Impact Fee; changes in land use in the City's General Plan; other sound engineering, financing and planning information. Adjustments to the above Impact Fee may be made by resolution amending the Master Fee Schedule. SECTION 12. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Impact Fee shall be deposited into a public facility financing fund ("Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee Fund," or alternatively herein "Fund") which is hereby created and shall be expended only for the purposes set forth in this ordinance, The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance 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. Ordinance 2767 Page 6 SECTION 13. Findings. The City Council hereby finds the following: The establishment of the Impact Fee is necessary to protect the public safety and welfare and to ensure the effective irnplementation of the City's General Plan. The h'npact Fee is necessary to ensure that funds will be available for the construction of the Facilities concurrent with the need for these Facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. The amount of the fee levied by this ordinance does not exceed the estimated cost of providing the Facilities for which the fee is collected. New development projects within the Territory will generate a significant amount of pedestrian traffic that current pedestrian facilities can not service, therefore construction of the Facilities will be needed to service new development projects. SECTION 14. Impact Fee Additional to other Fees and Charges. The Impact Fee established by this section 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. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer is required as a condition of approval of a developrnent permit to construct or cause the construction of the Facilities or a portion thereof, the City may require the developer to install the Facilities according to design specifications approved by the City and in the size or capacity necessary to accommodate estimated pedestrian traffic as indicated in the Report and subsequent amendments. If such a requirement is imposed, the City shall offer, at the City's option, to reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this Ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this Ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee. The City may update the Impact Fee calculation as City deems appropriate prior to making such offer. This duty to offer to give credit or reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, Ordinance 2767 Page 7 the City may, as part of a written agreement, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this Ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this Ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Impact Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 15 or 16 above shall be conditioned on the developer complying with the terms and conditions of this section: Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the construction of the Facilities, excluding any work attributable to a specific subdivision project. The request for authorization shall contain the following information, and such other information as may from time to time be requested by the City: (1) Detailed descriptions of the work to be conducted by the developer with the preliminary cost estimate. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (1) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the improvement work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the improvements; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indennnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the improvements. Ordinance 2767 Page 8 (7) (8) (9) (10) (11) (12) (13) (14) The developer shall advance all necessary funds for the improvements, including design and construction. The City will not be responsible for any of the costs of constructing the facilities. The developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the improvements. Soils Engineering shall be limited to 7.5 percent of the project cost, Civil Engineering shall be limited to 7.5 percent of the hard cost and landscape architecture shall be limited to 2 percent of the landscaping cost. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. The agreement may provide that upon determination of satisfactory incremental cornpletion of the public facility project, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payrnent but shall provide in such case for the retention of 25 percent of such costs until issuance by the City of a Notice of Completion. The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the h-npact Fee for building permits to be applied for in the future. 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 project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Impact Fees required by this ordinance against the City's duty to reimburse the developer. After offset, if any funds are due the developer under this section, the City may at its option, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this Ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their required contribution to such Facilities as required by this Ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating Ordinance 2767 Page 9 of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. (15) A developer may transfer a credit against the Impact Fee to another developer with the written approval of the Director of Public Works in the Director's sole discretion. SECTION 18. Procedure for Fee Modification. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the Impact Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the City Council for a waiver or modification of the Impact Fee or the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten days after notice is given of the public hearing on the development permit application for the project, 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 modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Impact Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Impact Fee. SECTION 20. Assessment District. If any assessment, community facilities district or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund or a credit in an amount equal to that portion of the cost included in the calculation of the Impact Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the Report, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. Expiration of this Ordinance. This ordinance shall be of no further force and effect when the City Council determines that the amount of Impact Fees which have been collected reaches an amount equal to the cost of the Facilities. Ordinance 2767 Page 10 SECTION 22. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 66022 after the effective date of this ordinance. SECTION 23. Other Not Previously Defined Terms. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 66000 of the State Government Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. SECTION 24. Effective Date. This ordinance shall become effective sixty days after its second reading and adoption. Presented by Approved as to form by John/~. Lippitt Public Works Director Ordinance 2767 Page 11 PASSED, APPRQVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5'h day of January, 1999, by the following vote: AYES: Councilmembers: Davis, Padilia and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Salas ABSTAIN: Councilmembers: Moot ATTEST: Shirley H~'~or Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2767 had its first reading at a regular meeting held on the 15'h day of December, 1998 and its second reading and adoption at a regular meeting of said City Council held on the 5t~ day of January, 1999. Executed this 5'h day of January, 1999. Susan Bigelow, City Clerk