HomeMy WebLinkAboutOrd 2000-2802ORDINANCE NO. 2802
AN ORDINANCE OF THE CITY OF CHULA VISTA,
CALIFORNIA AMENDING THE TRANSPORTATION
DEVELOPMENT IMPACT FEE PROGRAM, ADDING CHAPTER
3.54, DEVELOPMENT IMPACT FEE TO PAY FOR
TRANSPORTATION FACILITIES IN THE CITY'S EASTERN
TERRITORIES, TO THE CHULA VISTA MUNICIPAL CODE
AND REPEALING ORDINANCE 2251 AND AMENDMENTS
THERETO
WHEREAS, in January 1988, the City Council of the City of Chula Vista adopted Ordinance
No. 2251 establishing a development impact fee for transportation facilities in the City's eastern
territories; and
WHEREAS, pursuant to Ordinance No. 2251, the City has commenced the collection of
development impact fees to be used to construct transportation facilities to accommodate increased
traffic generated by new development within the City's Eastern Territories; and
WHEREAS, Ordinance No. 2251 has been modified or amended at least six times including
by Ordinance Nos. 2289, 2348, 2349, 2431, 2580, 2604 and 2671; and
WHEREAS, pursnant to Section l(c) of Ordinance No. 2251 and California Government
Code Sections 66000, et. seq., the City Council has caused a study to be conducted to reanalyze and
reevaluate the impacts of development on the transportation system for the City's eastern territories
and, to further re-analyze and evaluate the development impact fee necessary to pay for the
transportation facilities which Financial and engineering study prepared by Project Design
Consultants, is entitled "Eastern Area Development Impact Fees for Streets 1999 Update" (the
Update) dated October 25, 1999; and
WHEREAS, the financial and engineering studies and the City's General Plan show that tile
transportation network will be adversely impacted by new development within the eastern territories
unless new transportation facilities are added to accommodate the new development; and
WHEREAS, the financial and engineering studies and the City's General plan establish that
the transportation facilities necessitated by development in the eastern territories comprise and
integrated network; and
WHEREAS, Ordinance No. 2251 anthorizes the City Council to amend or modify the list of
projects to be financed by the fee; and
WHEREAS, on November 16, 1999, the City Council of the City of Chula Vista held a duly
noticed meeting at which oral or written presentations regarding the development impact fee for the
City's eastern territories could be made; and
Ordinance 2802
Page 2
WHEREAS, the City's Environmental Review Coordinator has determined that any impacts
associated with the proposed update of the Transportation Development Fee have been previously
addressed by EIR 90-01 (Otay Ranch GDP Program EIR) and has therefore prepared an addendum
to that document.
WHEREAS, the City Council of the City of Chula Vista has previously reviewed, analyzed,
considered, and certified EIR 90-01 (Otay Ranch GDP Program EIR);
WHEREAS, the City's Environmental Review Coordinator has reviewed the Project 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.
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 boundaries of the development, the construction of those transportation facilities outside
the boundaries 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, aRer 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 held for this
Ordinance, 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
Ordinance 2802
Page 3
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 revise the fees for Industrial 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 that the "Eastern Area Development Impact Fees for Streets 1999
Update" has determined the extent to which new development of land will generate traffic volumes
impacting the City's roadway system and that this Ordinance establishes a fair and equitable method
for distributing the unfunded costs of transportation improvements necessary to accommodate the
traffic volumes generated by such developments.
The City Council finds that the fee established by this ordinance are based on the findings of
the "Eastern Area Development Impact Fees for Streets 1999 Update" and that all such findings are
incorporated herein by this reference, on file in the office of the City Clerk.
The City Council finds it is necessary to ensure the timely payment of the "DIF program
monitoring" cost item, included in Table E "Prograin Funding Requirements" of the Financial and
engineering study to adequately fund ongoing and fi~ture administration activities and studies; 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.
SECTION 2:
That Ordinances 2251, 2289, 2348, 2349, 2431, 2580, 2604, and 2671 are hereby repealed
and shall be of no further force and effect.
SECTION 3:
That Chapter 3.54 shall be added to the Municipal Code to read as follows:
Chapter 3.54
Transportation Development Impact Fee
3.54.010
Establishment of Fee.
A development impact fee in the amounts set forth in Section 3.54.010(C) is hereby
established to pay for transportation improvements and facilities within the Eastern
Ordinance 2802
Page 4
Territories of the City. The fee shall be paid before the issuance of building permits
for each development project within the Eastern Territories of the City. No building
permit shall be issued unless the development impact fee is paid. The fees shall be
deposited into an Eastern Territories Transportation Facilities 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
various improvements and 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.
The City Council finds that collection of the fees established by this ordinance at the
time of the building permit is necessary to ensure that funds 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 Eastern Territories.
The 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.
The amount of the fee for each development shall be calculated at the time of building
permit issuance based upon the following schedule:
Development Type
Single Family Detached Dwelling
Single Family Attached Dwelling
Multi-Family Dwelling
Senior Housing
Commercial
Commercial (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
$414,400/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.
Ordinance 2802
Page 5
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
resulting from the above reviews may be made by resolution amending the Master Fee
Schedule.
The fees collected shall be used by the City for the following purposes as determined
by the City Council:
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.
To reimburse developers who have been required by Section 3.54.040(A) to
install improvements that are major streets and are listed in Section 3.54.030.
To reimburse developers who have been permitted to install improvements
pursuant to Section 3.54.040(B).
3.54.020 Definitions.
For the purposes of Chapter 3.54, the following words or phrases shall be construed as
defined herein, unless from the context it appears that a different meaning is intended.
"Building Permit" means a permit required by and issued pursuant to the Uniform
Building Code.
B. "Developer" means the owner or developer of a development.
"Development Permit" ~neans any discretionary permit, entitlement or approval for a
development project issued under any zoning or subdivision ordinance of the City.
"Development Project" or "Development" means any activity described in Sections
66000 of the State Government Code.
"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 north 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
Ordinance 2802
Page 6
3.54.030
A
entitled "Figure 1" 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.
"High Rise" Commercial means commercial office usage 5 or more stories in height.
Transportation Facilities to be Financed by the Fee
The transportation facilities and progralns to be financed by the fee established by this
ordinance are:
1.* State Route 125 from San Miguel Road to Telegraph Canyon Road.
2.* State Route 125 from Telegraph Canyon Road to Orange Avenue.
Telegraph Canyon Road from Paseo Del Rey to east of Paseo Ladera/north
side.
3a. Telegraph Canyon Road at 1-805 interchange/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 Ill 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 Ridgeback Road.
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Page 7
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 fi'om OIeander Ave. to Sunbow Eastern Boundary
17b. East Palomar Street from Sunbow eastern boundary to Medical Center Drive.
18.** Telegraph Canyon Road from eastern boundary of EastLake to Hunte
Parkway.
19.** EastLake Parkway from Otay Lakes Road to EastLake High School southern
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 Parkxvay from EastLake Parkway to Hunte Parkxvay.
23a. Paseo Ranchero from Telegraph Canyon Road to East Palomar Street.
23b. Paseo Ranchero from East Palomar Street to Olympic Parkway.
24a. Olympic Parkway froln Paseo Ranchero to La Media Road.
Ordinance 2802
Page 8
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 Boundanj to Paseo Ranchero.
27. East Palomar Street at 1-805 Interchange.
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 froln 1-805 to Hidden Vista Drive.
33,** Bonita Road at Otay Lakes Road Intersection.
34.** Otay Lakes Road at Ehnhurst Drive Intersection.
35.** East "H" Street at Otay Lakes Road Intersection.
36. Traffic Signal Interconnection B Eastern Territories.
37. EastLake Parkway from EastLake High School southern 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.
Ordinance 2802
Page 9
42. Birch Road from La Media Road to SR125.
43. Birch Road from SR125 to EastLake Parkway.
44. Birch Road from EastLake Parkway to Hunte Parkxvay,
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 fi-om 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.
Ordinance 2802
Page 10
3.54.040
A.
60. Rock Mountain Road from SR 125 to Otay Valley Road.
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.
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.
Developer Construction of Transportation Facilities
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
3.54.030 of this ordinance, 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 ordinance on the development project, or some
combination thereof.
A developer may request authorization from the City Council to construct one or
more of the facilities listed in Section 3.54.030.
Whenever a developer requests reimbursement, or a credit against fees, for work to
be done or paid for by the developer under Subsections (A) or (B) of this section, the
request shall be submitted in writing to the City Council before commencement of the
work. The request shall contain the following information and, if granted, shall be
subject to the following conditions:
Detailed description of the project with a preliminary cost estimate. That
portion of the project which involves the specified improvements authorized
Ordinance 2802
Page 11
by Section 3.54,030 is referred to herein as the Transportation Facility
Project.
Requirements of developer:
preparation of plans and specifications for approval by the City;
secure and dedicate any right-of-way required for the Transportation
Facility project;
secure all required permits and environmental clearances necessary
for the Transportation Facility project;
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);
payment of all City fees and costs.
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.
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. If qualified, the developer may agree to perform the work at a price
equal to or less than the low bid. 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 Transportation Facility Project
and excludes any work attributable to a specific subdivision project. The
estimate is preliminary and subject to final determination by the Director of
Public Works upon completion of the Transportation Facility Project.
Upon approval of the estimated cost by the Director of Public Works, the
developer shall be entitled to immediate credit for 50 percent of the estimated
cost of the construction attributable to the Transpoi~ation 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.
Ordinance 2802
Page 12
10.
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.
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 Director of Public Works
shall make the final determination on expenditures which are eligible for credit
or cash reimbursement.
After final determination of eligible expenditures has been made by the
Director of Public Works, the final amount of Development Impact Fee
credits shall be determined. 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 thirty (30) days to pay the deferred fee. If the deferred fees are not
paid within the thirty-day period, the City may make a demand against the
liquid security and apply the proceeds to the fee obligation.
The developer will receive any credit against required Development Impact
Fees incrementally at the time building permits are issued for the developer's
project. 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 Director ofPublic Works 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.
If the total eligible construction cost for the Transportation Facility Project is
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 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 Development
Impact Fee obligations. The City may, in its discretion, enter into an
Ordinance 2802
Page 13
3.54.050
A.
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 Section 3.54.040(C) may, in the City's discretion, be
modified through an agreement entered into with the developer.
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.
Procedure for Fee Waiver or Reduction.
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,
Ordinance 2802
Page 14
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 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 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 ~vritten 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
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. lfa fee reduction is permitted, the City Council may allow developer to
pay the Development Innpact 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 hearing should be held within sixty
(60) days after its filing. The decision of the City Council shall be final. Ifa 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.
3.54.060 Payment of DIF Program Support
Ordinance 2802
Page 15
The "DIF Program Support" shall, with no exceptions, be paid in cash concurrently with the
development impact fee at a rate equal to 3% of the total applicable fee.
3.54.070 Exemptions
Development projects by public agencies shall be exempt from the provisions of this fee.
Exempt development uses with the following characteristics or activities as a principal use of
land, generally described as "Community Purpose Facility":
B
C
D.
E
Social service activities, including such services as Boys Scouts, Girl Scouts, Boys
Club and Girls club, Alcoholics Anonymous, YMCA and services for the homeless;
Public Schools (elementary and secondary);
Private Schools (elementary and secondary);
Day Care (non-profit only);
Senior Care And Recreation (non-profit only);
Worship, Spiritual growth and Development
3.54.080 Assessment Districts
If any assessment or special taxing district is established for any or all of the facilities
listed in Section 3.54.030, 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 developments attributable portion of the
cost of the authorized improvements as determined by the Director of Public Works, plus
incidental costs normally occurring with a construction project, but excluding costs associated
with assessment district proceedings or financing.
SECTION 4:
EXPIRATION OF THIS ORDINANCE
This ordinance shall be of no further force and effect when the City Council determines that
the amount of fees which have been collected reaches an amount equal to the cost of the
transportation facilities or reimbursements.
SECTION 5:
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 66020 after the
effective date of this ordinance.
Ordinance 2802
Page 16
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 6: EFFECTIVE DATE.
This Ordinance shall become effective 60 days after its adoption.
Presented by Approved as to form
~t~lic Works Director
J ~ M. Kaheny
~Attorney
Ordinance 2802
Page 17
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 30th day of November, 1999, by the following vote:
AYES: Councilmembers: Davis, Padilia, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Moot
ATTEST:
I 1
Susan Bige ow, City C erk
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.2802 had its first reading at a regular meeting held on the 16 ' day of November, 1999
and its second reading and adoption at a regular meeting of said City Council held on the 30th day of
November, 1999.
Executed this 30~h day of November, 1999.
Susan Bigelow, City Clerk