HomeMy WebLinkAboutOrd 2000-2809-BORDiNANCE NO. 2809-B
AN URGENCY ORDiNANCE OF THE CITY OF CHULA VISTA,
CALIFORNIA, AMENDiNG ORDiNANCE 2554 ELATiNG 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 has placed Ordinance 2810 on its second 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 (60) 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, 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, state law requires said urgency ordinance to be adopted by a four-fifths vote;
and
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:
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
Ordinance 2809-B ~'
Page 2
The City Council finds that the legislative findings and determinations set forth in Ordinance
No. 2554 continue to be tree 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 update for public facilities remain in effect on an urgency basis for an additional thirty
(30) days pending adoption of Ordinance 2810 sixty (60) days after its second reading. The City
Council finds that an Urgency Ordinance is necessary in order that all developers of properties in
the eastern section of the City pay their fair share of the cost of public facilities improvements
relating to the impacts caused by their development. Ongoing implementation of this fee is
necessary due to the current and imxnediate 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 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 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:
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
Ordinance 2809-B
Page 3
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
Commemial/Office
Industrial
Special Land Use
Olympic Training Center
Public Purpose
Non-profit Community Purpose Facility
Fee
$2,618/dwelling unit
$13,090/acre
$13,090/acre
$13,090/acre
$3,273/acre
Exempt
Exempt
Special purpose project, including for-profit day care $7,854/acre
SECTION 4: That Section 3.50.140(b) is hereby added to the Chula Vista Municipal Code as
follows:
3.50.140 Developer Construction of Facilities.
Ordinance 2809-B ".
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(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:
Sec. 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 (30) days. The notice shall provide the following information:
The name of the Developer to whom the credits were transferred; and
The dollar value of transferred credits; and
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.
Presented by
Assistant City Manager
Ordinance 2809-B
Page 5
Approved as to form by
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20m day of June, 2000, by the following vote:
AYES: Councilmembers: Davis, Padilia, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Moot
ATTEST:
Shirley Horto;(~d'zn,~ayor
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.2809-B had its reading and adoption at a regular meeting held on the 20th day
of June, 2000.
Executed this 20th day of June, 2000
Susan Bigelow, City ~Zrk