HomeMy WebLinkAbout2009/04/21 Item 3
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ORDINANCE NO. e-\J~~ ~~
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ORDINANCE OF THE CITY OF gJ;l~-VISTA AMENDING
TITLE 17, SECTION 17.10.1~~F THE CHULA VISTA
MUNICIPAL CODE TO FACILITATE THE DEFERRAL OF
IN-LIEU PARK FEES
WHEREAS, the City of Chula Vista is desirous of both assisting economic
development and providing parklands for the community, and; .
WHEREAS, currently, in-lieu park fees ("PAD fees") are collected prior to the
recordation of afirial map or parcel map or for development that does not require a final
map or parcel map, at the time of permit issuance; and _
WHEREAS, the existing requirements related to the timing of the collection of
PAD fees has been identified as a possible impediment to development; and
WHEREAS, in those situations where the PAD fees are not necessary for the
public health or welfare, a deferral in the collection of such fees would not harm- the City
or its ability to provide its citizens and communities with the Parks they need; and
WHEREAS, the deferral of PAD fees will also provide developers with relief from the
upfront capital requirements, so that they may begin pulling building permits; and
WHEREAS, on December 16, 2008, the City Council approved an ordinance for
the deferral of certain development impact fees and other fees associated with
development due to the economic downturn; and
WHEREAS, similarly, in order to permit the deferral of the collection of PAD fees,
the City must amend its Municipal Code by adopting an ordinance; and
WHEREAS, the City desires to limit the applicability of such deferred payments of PAD
fees to those final maps, parcel maps approved and recorded and those permits issued
after the adoption of this Ordinance
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
- DOES ORDAIN AS FOLLOWS:
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THAT CHULA VISTA ;v1U'r5!V~~!;AL CODE CHAPTER 17. SECTION 17.10.100
BE AMENDED WITH THE10N,}:;LUSION OF SECTIONS 17.10.100(C),
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17.10.100(0), AND 17.10.1 OO(E); P\S.C};3..LLOWS:
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Chapter 17, Section 17.10.100
Collection and Distribution of Fees
(C)
Notwithstanding the foregoing. Section 17.10.1 OO(A), the City
may defer the payment of in-lieu fees for land dedication
and/or park development for those developments that
require a final subdivision map or parcel map until Hie date
of permit issuance provided such final map or parcel map is
approved and recorded after the adoption of this ordinance
Section 17.10.100(C) and prior to December 31,2010. The
amount of the fees due shall be those fees in effect at the
time of permit issuance.
(D)
Notwithstanding the foregoing Section 17.10.100(A), the City
may defer the payment of in-lieu fees for land dedication
and/or park development due at permit issuance until a date
1 year from the permit issuance or until the call for final
inspection, whichever is earlier, provided the following
conditions are met:
1) The permit for which fee deferral is requested was issued
after the adoption of this Ordinance Section 17.10.100(0)
and prior to December 31, 2010.
2) Permit applicant demonstrates, to the satisfaction of the
City Manager, that the paxment of the in-lieu fees at the
time of permit issuances creates a financial hardship.
3) An agreement with the City in a form approved by the
City Attorney is executed containing the following terms
and conditions: .
a. . Interest shall accrue on the deferred fees at the
City's average earning rate from the date of permit
issuance until the deferred fees are paid in full.
b. The City may withhold interim or final inspection,
issuance of any additional permits, and/or
certificates of occupancy, if applicable, until the
deferred fees are paid in full.
c. The payment of the deferred fees and accrued
interest shall be secured by a lien recorded on the
property for which the permit was issued and such
lien shall run with and encumber the property.
d. Fees and Accrued Interest shall be paid with a
certified check prior to or concurrent wi:h the date
on which the deferral period ends.
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e. If the Owner sells or transfers the property or any
portion of the property in any manner, the property
shall not be released from any of the obligations,
covenants, or conditions under the Agreement
relating to the property or portion. of the property
being acquired
f. Permit.applicant shall pay all fees associated with
the preparation and recording of the agreement
and associated lien.
4) For those deferred fees equal to or in excess of
$100,000, the Agreement shali be approved by the City
Council. For those deferred fees less than $100,000, the.
City Manager or his/herdesignee shall execute the
Agreement. Separate Agreements shall not be created
or executed in order to avoid the approval limitations or
requirements of this section.
(E) The provisions of Sections 17.10.100(C) and 17.10.100(0) shall
expire, terminate, and become void at midnight on December 31,
2010. Upon expiration of this ordinance, all fees for development
required to record a final or parcel map, deferred pursuant to the
Section 17.10.1 OO(C) and not the subject of a deferral agreement
pursuant to Section 17.10.100(0), shall be due and payable on or
before January 1, 2011. The amount of the fees due and payable
shall be the amount of the fees in effect at the time of payment.
BE IT FURTHER ORDAINED that this ordinance shall take effect and be in full
force thirty (30) days after its adoption.
Presented by
Gary Halbert
Director of Engineering and Public Works
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