HomeMy WebLinkAboutOrd 2000-2810ORDINANCE NO. 2810
AN ORDINANCE OF THE CITY COUNCIL 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, in January 1991, the City Council of the City of Chula Vista adopted Ordinance
No. 2432, establishing a development impact fee for public facilities (PFDIF); and
WHEREAS, Ordinance No. 2432 was amended by Ordinance No. 2320 and both were
superceded by Ordinance No. 2554; and
WHEREAS, the current list of public facilities was established in 1990-91 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 impact fee is solely based upon that portion of project costs which are
attributable to new development; and
WHEREAS, development is considered to take place in accordance with the Phasing Plan
established by the City's Planning Department which is subject to change depending on actual
development phasing; and
WHEREAS, for the purposes of assigning benefit and apportioning fees, a common
Equivalent Dwelling Unit (EDU) factor is used; and
WHEREAS, in very limited circumstances, developers o flow/moderate-income housing may
need to prepay their impact fee for up to 500 EDUs, in order to financially protect the public-purpose
project; and
WHEREAS, the current fee does not include financing costs nor does it offset fees for
projected interest eamings; 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; and
Ordinance 2810 '
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NOW, THEEFOE, 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
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 fimds 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
tenitories 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: That Sections 3.50.030(c), 3.50.070, and 3.50.090(c) of the Chula Vista Municipal
Code are hereby amended to read as follows:
3.50.30 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 Up~rades
Ordinance 2810
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
Commercial/Office
Industrial
Special Land Use
Olympic Training Center
Public Purpose
Non-profit Community Purpose
Facility
Special Purpose Project,
including For-Profit Day Care
Fee
$2,618/dwelling unit
$13,090/acre
$13,090/acre
$13,090/acre
$3,273/acre
Exempt
Exempt
$7,854/acre
Ordinance 2810 "
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SECTION 3: That Section 3.50.140(b) is hereby added to the Chula Vista Municipal Code as
follows:
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 4: That Section 3.50.155 is hereby added to the Chula Vista
Mtmicipal 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 5: 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 6: This ordinance shall take effect and be in full force on the sixtieth day from and
after its second reading and adoption.
Ordinance 2810
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Presented by
Approved as to form by
'George Krempl
Assistant City Manager
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6m day of June, 2000, by the following vote:
AYES:
Councilmembers:
Davis, Moot, Padilla, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Salas
ATTEST:
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. 2810 had its first reading at a regular meeting held on the 23rd day of May, 2000 and
its second reading and adoption at a regular meeting of said City Council held on the 6m day of June,
2000.
f une 2000
Executed this 6th day o J ,
Susan Bigelow, City Clerk