HomeMy WebLinkAboutOrd 2000-2801-CORDINANCE NO. 2801-C
AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA,
CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING
TO DEVELOPMENT IMPACT FEE TO PAY FOR THE
TRANSPORTATION FACILITIES IN THE CITY'S EASTERN
TERRITORIES
WHEREAS, the City Council placed Ordinance No. 2802 on first reading on November 16,
1999, increasing the development impact fee to finance transportation facilities within the City of
Chula Vista, and
WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that
ordinance will not become effective until sixty days after its second reading, and
WHEREAS, developments in the City which will impact various transportation facilities will
be applying for building permits during the interim period before the development impact fee
increase becomes effective, and
WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim fee
as an urgency measure upon making a finding describing the current and immediate threat to the
public health, welfare, and safety, and
WHEREAS, said interim measure will be effective for thirty days and may be extended twice
for additional thirty day periods upon subsequent action by the City Council, and
WHEREAS, the City adopted Urgency Ordinance No. 2801-A, amending Transportation
Development Impact Fee Ordinance No. 2251, which will expire on December 16, 1999; and
WHEREAS, the City adopted Urgency Ordinance No. 2801-B, amending Transportation
Development Impact Fee Ordinance No. 2251, which will expire on January 13, 2000; and
WHEREAS, the City' s Environmental Review Coordinator has determined that any impacts
associated with the proposed update of the Transportation Development Fee (including the interim
measure) have been previously addressed by EIR 90-01 (Otay Ranch GDP Program EIR) and has
therefore prepared an addendum to that document, and
WHEREAS, the City Council of the City of Chula Vista has previously reviewed, analyzed,
considered, and certified EIR 90-01 (Otay Ranch GDP Program E1R), and
WHEREAS, the City's Environmental Review Coordinator has reviewed the update to the
Transportation Development Impact Fee (including the interim measure) and prepared an addendum
to EIR 90-01 (Otay Ranch GDP Program EIR) which concluded that updating the Transportation
Development Impact Fee would not result in significant impacts pursuant to Section 15164 of the
State CEQA Guidelines, and therefore found that the revisions would result in only minor technical
changes or additions which are necessary to make the EIR adequate under CEQA, and
WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths vote.
Ordinance 2801-C --,
Page 2
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: FINDINGS
The City Council finds that developers of land within the Eastern Territory should be
required to mitigate the burden created by development through the construction of transportation
facilities within the botmdaries of the development, the construction of those transportation facilities
outside the botmdaries of the development which are needed to provide service to the development
in accordance with City standards and the payment of a development impact fee to finance the
development's portion of costs of the transportation network; and
The City Council finds that the legislative findings and determinations set forth in Ordinance
No. 2251 continue to be true and correct; and
The City Council finds, after consideration of the evidence presented to it including the
"Eastern Area Development Impact Fees for Streets 1999 Update," that certain amendments to
Ordinance No. 2251 are necessary in order to assure that there are sufficient funds available to
finance the transportation facilities necessary to serve the eastern territories by the development
impact fee; and
The City Council finds, based on the evidence presented at the meeting, 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 in the eastern territories
for which building permits have not been issued is necessary in order to protect the public health,
safety and welfare and in order to assure effective implementation of the City's General Plan; and,
The City Council finds that the amount of the amended fees levied by this ordinance does
not exceed the estimated cost of providing the transportation facilities; and,
The City Council finds that it is appropriate to resolve the fees for commercial land uses to
reflect the fact that many of the trips associated with the commercial land uses are in fact, trips
associated with other land uses that incorporate an intermediate stop at a commercial land use
(passerby trips); and
The City Council finds it is necessary to ensure the timely payment of the "DIF program
monitoring" cost item, included in Table E "Program Funding Requirements" of the Financial and
engineering study to adequately fund ongoing and future administration activities and studies; and
The City Council finds that reduction of trips from commercial land uses may place an
inordinate burden on commercial land uses where public facility assessments have been placed on
the affected properties in anticipation of payment of transportation fees, and as a result of said
adjustment, the proposed fees are now lower than the value of the assessments; and
The City Council finds that the Addendum prepared to EIR 90-01 reflects the independent
judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to EIR
90-01.
Ordinance 2801-C
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SECTION 2: Finding of Urgency.
That the City Cotmcil of the City of Chula Vista finds that it is necessary that its development
impact fee for transportation facilities go into effect immediately in order that all properties in the
eastern section of the City pay their fair share of the cost of public transportation improvements
relating to the impacts caused by their development. Immediate implementation of this fee is
necessary due to the current and immediate threat to public safety which will result should there be
a shortfall in the amount of money necessary to pay for the various transportation facilities thereby
resulting in severe congestion and failure of the public transportation network necessary to serve the
increased population. The City Council finds that the prospect of a shortfall, failure of the street
system and concerns about an increased charge to remaining property owners constitutes a current
immediate threat to the public health, welfare and safety justifying the immediate imposition of this
fee.
SECTION 3: That the Development Impact Fee Schedule set forth in Section 1 (c) of Ordinance
No. 2251, as amended by Ordinance No. 2671, shall be amended to read as follows:
1 .(c) The fee for each development shall be calculated at the time of building permit
application based upon the following schedule:
Development Type
Single Family Detached Dwelling
Single Family Attached Dwelling
Multi-Family Dwelling
Senior Housing
Commercial
Commemial (High Rise)
Industrial
Golf Course
Medical Center
Transportation Fee
$5,920/Dwelling Unit
$4,736/Dwelling Unit
$3,552/Dwelling Unit
$2,368/Dwelling Unit
$148,000/Gross Acre
$236,800/Gross Acre
$88,800/Gross Acre
$4 l 4,400/Golf Course
$384,800/Gross Acre
The amount of the fee shall be adjusted, starting on October 1, 2000, and on each
October 1 st thereafter, based on the one year change (from July to July) in the 20
City Construction Cost Index as published monthly in the Engineering News Record.
For Reference purposes, the July 1999 20 City Construction Cost Index is 6076.25.
Adjustments to the above fees based upon the Construction Cost Index shall be
automatic and shall not require further action of the City Council.
The City Council shall at least annually review the amount of the fee. The City
Council may adjust the amount of the fee as necessary to reflect changes in the type,
size, location or cost of the Transportation Facilities to be financed by the fee,
changes in land use designations in the City's General Plan, and upon other sound
engineering, financing and planning information. Adjustments to the above fees
Ordinance 2801-C _-.
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resulting from the above reviews may be made by resolution amending the Master
Fee Schedule.
SECTION 4: Ordinance 2251, Section 2: Definitions, is hereby amended to add the definition of
"High Rise Commercial" as follows:
(g) "High Rise Commercial" means commercial office usage 5 or more stories in height.
SECTION5: Thatthedefiniti~nsf~r``EasternTerrit~ries~~and``Financia~andEngineeringStudies~~
as set forth in Section 2 of Ordinance 2251 are amended to read as follows:
{e)
"Eastern Territories" generally means that area of the City located between Interstate
805 on the west, the City sphere of influence boundary on the east and northeast, the
City boundary on the noah and the City' s southern boundary on the south, excepting
Villages 9 and 10 of the Otay Ranch the University Site as shown on the map
entitled Figure I of the Update of the Financial and engineering studies. The
property known as Bonita Gateway located at the northeast quadrant of Bonita Road
and 1-805 intersection is also included.
"Financial and engineering studies" means the "Interim Eastern Area Development
Impact Fee for Streets" study prepared by George T. Simpson and Willdan
Associates dated November 1987, the "Eastern Area Development Fee for Streets"
study prepared by Willdan Associates dated November 19, 1990, the "Eastern
Development Impact Fee for Streets B 1993 Revision" study prepared by City Staff
dated July 13, 1993, and the study prepared by Project Design Consultants ("Eastern
Area Development Impact Fees for Streets, 1999 Update") dated October 25,1999
which are on file in the Office of the City Clerk.
SECTION 6: That the list of facilities and programs set forth in Section 3(a) of Ordinance 2251 is
amended to read as follows:
(a)
The transportation facilities and programs to be financed by the fee established by
this ordinance are:
1 .* State Route 125 from San Miguel Road to Telegraph Canyon Road.
State Route 125 from Telegraph Canyon Road to Orange Avenue.
Ordinance 2801-C
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3. Telegraph Canyon Road from Paseo Del Rey to east of Paseo
Ladera/north side.
3a. Telegraph Canyon Road at 1-805 imerchange/Phase II.
4** Telegraph Canyon Road B Phase I Rutgers Avenue to EastLake
Boundary.
5.** Telegraph Canyon Road B Phase II Paseo Ladera to Apache Drive.
6. * * Telegraph Canyon Road B Phase III Apache Drive to Rutgers Avenue.
7. East H Street B 1-805 interchange modifications.
8.** East H Street from Eastlake Drive to SR-125.
9.** Otay Lakes Road from Camino del Cerro Grande to Ridgback Road.
10a. La Media Road from Telegraph Canyon Road to East Palomar Street.
10b. La Media Road from East Palomar Street to Olympic Parkway.
11. Bonita Road from Otay Lakes Road to Central Avenue.
12. Bonita Road from Central Avenue to San Miguel Road.
13.* San Miguel Road from Bonita Road to SR-125.
14.** East H Street from State Route 125 to San Miguel Road.
15.** Proctor Valley Road (East H Street) from San Miguel Road to Hunte
Parkway.
16. Olympic Parkway from Brandywine Ave. to Paseo Ranchero.
17a. East Palomar Street from Oleander Ave. to Sunbow Eastern Boundary
Ordinance 2801 -C
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17b. East Palomar Street from Sunbow eastern boundary to Medical Center
Drive.
18.** Telegraph Canyon Road from eastem boundaty ofEastlake to Hunte
Parkway.
19.** EastLake Parkway from Otay Lakes Road to EastLake High School
southem boundary.
20. * * Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road.
21.** Hunte Parkway from Telegraph Canyon Road to Club House Drive.
21a. Hunte Parkway from South Greensview Drive to Olympic Parkway.
22. Olympic Parkway from EastLake Parkway to Hunte Parkway.
23 a. Paseo Ranchero from Telegraph Canyon Road to East Palomar Street.
23b. Paseo Ranchero from East Palomar Street to Olympic Parkway.
24a. Olympic Parkway from Paseo Ranchero to La Media Road.
24b. Olympic Parkway from La Media Drive to East Palomar Street.
24c. Olympic Parkway from East Palomar Street to SR125.
24d. Olympic Parkway from SR125 to EastLake Parkway.
25. Olympic Parkway B 1-805 Interchange Modifications to Brandywine
Avenue.
26. East Palomar Street from eastern Sunbow Boundary to Paseo
Ranchero.
27. East Palomar Street at 1-805 Interchange.
Ordinance 2801-C
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28. Otay Lakes Road from Hunte Parkway to Wueste Road.
29. Olympic Parkway from Hunte Parkway to Olympic Training Center.
30. Otay Lakes Road from SR-125 to Eastlake Parkway.
31. EastLake Parkway from Fenton Street to Otay Lakes Road.
32. East "H" Street from 1-805 to Hidden Vista Drive.
33.** Bonita Road at Otay Lakes Road Intersection.
34.** Otay Lakes Road at Elmhurst Drive Intersection.
35.** East "H" Street at Otay Lakes Road Intersection.
36. Traffic Signal Intemonnection B Eastern Territories.
37. EastLake Parkway from EastLake High School southem boundary to
Olympic Parkway.
38.** East "H" Street from Paseo Del Rey to Tierra del Rey.
39.** Bonita Road from 1-805 to Plaza Bonita Road.
40. Alta Road from SR125 to EastLake Parkway.
41. Brandywine/Medical Center Drive from Medical Center Court to
Olympic Parkway
42. Bimh Road from La Media Road to SR125.
43. Birch Road from SR125 to EastLake Parkway.
44. Bimh Road from EastLake Parkway to Hunte Parkway.
Ordinance 2801 -C
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45. EastLake Parkway from Olympic Parkway to Birch Road.
46. EastLake Parkway from Birch Road to Rock Mountain Road.
47. Mt. Miguel Road from Proctor Valley Road South to Proctor Valley
Road North
48 Hunte Parkway from Olympic Parkway to Birch Road.
50. La Media Road bridge crossing the Otay River (1/2 the cost).
51. La Media Road from Olympic Parkway to Birch Road.
52. La Media Road from Birch Road to Rock Mountain Road.
53. La Media Road from Rock Mountain Road to Otay Valley Road.
54. La Media Road from Otay Valley Road to southern City boundary.
55. Otay Lakes Road from East H Street to Telegraph Canyon Road.
56.a Otay Valley Road from 1-805 to Rock Mountain Road.
56.b Otay Valley Road from Rock Mountain Road to La Media Road.
56.c Otay Valley Road from La Media Road to SR125.
57. Paseo Ranchero from Olympic Parkway to Otay Valley Road.
58. Paseo Ranchero Otay Valley Road to southern City Boundary
(including bridge crossing the Otay River) (1/2 the cost).
59 Proctor Valley Road from Hunte Parkway to eastern City boundary at
Upper Otay Reservoir.
60. Rock Mountain Road from SR125 to Otay Valley Road.
_. Ordinance 2801-C
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61.
Willow Street from Bonita Road to Sweetwater Road (including
bridge over Sweetwater River).
62. East H Street from Buena Vista Way to Otay Lakes Road.
63. Intersection Signalization area wide within the Eastern Territories.
64. Development Impact Fee program support.
Project is now included in the interim pre-SR125 transportation
facility fee.
Project has been completed.
SECTION 7: That Section 4(c) of Ordinance 2251 as amended by Ordinance No. 2289 shall be
amended to read as follows:
Upon approval of the estimated cost by the Director of Public Works, the developer
shall be entitled to immediate credit for 50 pement of the estimated cost of the
construction attributable to the Transportation Facility Project. Once the developer
has received valid bids for the project which have been approved by the Director of
Public Works, the amount of the immediate credit shall be increased to 75 percent
of the bid amount. The immediate credits shall be applied to the developers'
obligation to pay 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.
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.
The developer will receive the credit against required Development Impact Fees
incrementally at the time building permits are issued for the developer's project.
10.
If the total construction cost amounts to more than the total 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
Ordinance 2801-C ..,
Page 10
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
Developer Impact Fee obligatiolis. '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.
11.
The requirements of this Section 4(c) may, in the City's discretion, be modified
through an agreement entered into with the developer.
SECTION 8: That Ordinance 2251 as amended by Section 5 of Ordinance No. 2604 is amended
to read as follows:
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 ordinance
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 ten
(10) days after notice of the public heating 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.
Any developer who proposes a golf course and contends that the application of the
Development Impact Fee is unrelated to the mitigation of the traffic needs of the golf
course may apply to the City Council for a reduction of the fee based on the nature
of the proposed golf course. An interim reduction may be granted in the City's
discretion pursuant to a written agreement with the developer and upon developer's
submission of a preliminary traffic study which adequately supports the contention
that the fee imposed by this ordinance is not related to the traffic to be generated by
the golf course. The City's final decision on the fee to be imposed on the golf
course will be based on a traffic study to be paid for by developer and prepared and
Ordinance 2801-C
Page 11
submitted for approval by the City' s Director of Public Works within the fourth year
of operation of the fully developed golf course. Should developer fail to submit
such traffic study and obtain the City' s approval thereof during the fourth year of golf
course operation, the entire fee imposed by this ordinance shall be immediately due
and payable. Ifa fee reduction is permitted the City Cotmcil may allow developer to
pay the Development Impact Fee over a ten year period.
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 heating should be held
within sixty 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 ordinance.
SECTION 9: That Ordinance 2251 as amended by Section 5 of Ordinance No. 2580 is amended
to read as follows:
The "DIF Program Support" shall with no exceptions be paid in cash concurrently with the
development impact fee at a rate equal to 3 percent of the total applicable fee.
SECTION10: All remaining provisions ofthe Ordinance amended herein shall remain in full force
and effect until and unless specifically repealed.
SECTION 11. Expiration of this ordinance
This ordinance shall be of no further force and effect 30 days after its adoption.
SECTION 12: Time limit for protest and 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 law.
In accordance with Government Code Section 66020(d)( 1 ), the ninety day approval period
in which parties may protest begins upon the effective date of this ordinance.
SECTION 13: Effective Date.
This Ordinance shall become effective immediately upon four-fifths vote.
Ordinance 2801 -C
Page 12
Presented by
Approved as to form by
hnP
J p
Public Works Director
John M. Kaheny
City Attorney
PASSED, APPROVED, and ADOPTED by the City Cotmcil of the City of Chula Vista,
Califomia, this 11 th day of January, 2000, by the following vote:
AYES:
Councilmembers:
Davis, Moot, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Horton
ATTEST:
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.2801-C had its reading and adoption at a regular meeting of said City Council held on the 11 th
day of January, 2000.
Executed this 11th day of January, 2000.
Susan Bigelow, City Clerk