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HomeMy WebLinkAboutOrd 2000-2809-AORDINANCE NO. 2809A AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA' S GENERAL PLAN AREA BOUNDARY WHEREAS, the City Council is placing an ordinance on its first reading which will increase the development impact fee to finance public 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 public facilities will be applying for building permits during the interim period before the development impact fee increase becomes effective; and WHEREAS, Govemment 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 and WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths vote; WHEREAS, the current list of public facilities was established in 1990-1991 and is now in need of updating; and WHEREAS, the purpose of the PFDIF is to finance and construct public facilities within the City of Chula Vista; and WHEREAS, the current fee does not include financing costs nor does it offset fees for projected interest earnings; and WHEREAS, the single, most costly PFDIF project - a new police facility - had not been previously included in the PFDIF program; and WHEREAS, the last real fee change occurred in 1990-1991, pending a complete fee analysis after annexation of the Otay Ranch; and WHEREAS, that complete fee analysis has now been concluded effective April 2000; NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Ordinance 2809A -- Page 2 SECTION 1: Findings The City Council finds that developers of land within Chula Vista's General Plan area boundary should be required to mitigate the burden created by development through the payment of an impact fee for construction of public facilities within the boundaries of the development and for public facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards; and The City Council finds that the legislative findings and determinations set forth in Ordinance No. 2554 continue to be true and correct and incorporate those findings herein; and The City Council finds, after consideration of the evidence presented to it including the "Development Impact Fee for Public Facilities 1999 Update," that certain amendments to Ordinance No. 2554 are necessary in order to assure that there are sufficient funds available to finance public facilities including police and fire facilities necessary to maintain public safety service levels; 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 public facilities 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 public facilities. SECTION 2: Finding of Urgency That the City Council of the City of Chula Vista finds that it is necessary that its development impact fee for public facilities go into effect immediately in order that all developers of properties in the eastem section of the City pay their fair share of the cost of public facilities 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 that will result should there be a shortfall in the amount of money necessary to pay for the various public facilities thereby resulting in a decline in police and fire service levels. The City Council finds that the prospect of a shortfall, inadequacy of public safety facilities and concems 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 Sections 3.50.030(c), 3.50.070, and 3.50.090(c) of the Chula Vista Municipal Code shall be amended to read as follows: Ordinance 2809A Page 3 3.50.030 Public Facilities to be Financed by the Fee. (c) The facilities are as follows: Civic Center Expansion Police Department Facilities and Equipment Corporation Yard Relocation/Expansion Library System Expansion Fire Suppression System Expansion Geographic Information System Computer System Upgrades Telecommunication System Upgrade Records Management System 3.50.070 Time to Determine Amount Due. The 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 were granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit, except that a developer of a development project providing low- and/or moderate-income housing in accordance with Section III, Objective 1 of the 1991 Housing Element of the General Plan, may request authorization to prepay the Fee for up to 500 EDUs and said request may be approved at the sole discretion of the City Manager. Upon prepayment, the developer of said development project shall receive EDU credit based on the then current fee. 3.50.090 Amount of Fee. (c) The Fee shall be the following, depending on land use: LAND USE Residential Commercial/Office Industrial Special Land Use Olympic Training Center Public Purpose Non-profit Community Purpose Facility Special purpose project, including for-profit day care I FEE $2,618/dwelling unit $13,090/acre $13,090/acre $13,090/acre $3,273/aere Exempt Exempt $7,854/acre SECTION 4: That Section 3.50.140(b) is hereby added to the Chula Vista Municipal Code as follows: Ordinance 2809A "- Page 4 3.50.140 Developer Construction of Facilities. (b) Unless otherwise stated herein, all Developer Credits shall be calculated on a dollar basis and converted into EDUs at the time building permits are pulled, based on the then current Fee. SECTION 5: That Section 3.50.155 is hereby added to the Chula Vista Municipal Code as follows: See. 3.50.155 Developer Transfer of Credits A Developer who, in accordance with the provisions of Sections 3.50.140 and 3.50.150, receives credits against future payments of the Fee for one or more Fee Components may transfer those credits as provided herein to another Developer. (a) The Developer shall provide the City with written notice of such transfer within thirty days. The notice shall provide the following information: The name of the Developer to whom the credits were transferred; The dollar value of transferred credits; The Fee Component(s) against which the credits will be applied; and The projected rate, by Fiscal Year, that the credits will be applied, until said credits have been fully redeemed. (b) Credits granted to a Developer of a low-and/or moderate-income project in accordance with Section 3.50.70, can only be transferred to another low-and/or moderate-income Development Project. SECTION 6: 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 7: Expiration of this ordinance This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 8: Effective Date This Ordinance shall become effective immediately upon four-fifths vote. Ordinance 2809A Page 5 Presented by Assistant City Manager Approved as to form by Jo . Kaheny PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23th day of May, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Shir~(or~t//'~' Susan Bigelow, City Clerk~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Urgency Ordinance No.2809A had its reading and adoption at a regular meeting held on the 23rd day of May, 2000. Executed this 23rd day of May, 2000 Sus~LfB~geTow,~ity/t~Clerk~