HomeMy WebLinkAboutOrd 1989-2289 Revised 1/6/89
ORDINANCE NO. 2289
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA
AMENDING ORDINANCE 2251 BY PROVIDING FOR DEFERRALS AND
ADDING TRAFFIC SIGNALS TO THE DEVELOPMENT IMPACT FEES
WHEREAS, on January 19, 1988, the City Council enacted
Ordinance No. 2251 adopting a fee to be paid by developers of
land within the Eastern Territories to finance construction of
transportation facilities, and
WHEREAS, developers of land are constructing major
transportation facilities and are also required to pay
Development Impact Fees on new building construction prior to
completion of the transportation facility creating a double cost
to the developer, and
WHEREAS, Ordinance No. 2251 currently provides for a
credit after completion of a transportation facility improvement
and therefore it is necessary to amend Ordinance No. 2251 to
permit a procedure for requesting an early credit for Development
Impact Fees resulting from construction of facilities by
developers, and
WHEREAS, it is necessary to make other minor changes to
Ordinance 2251 in order to assure effective financing of the
transportation facilities, and
WHEREAS, the City Council has received evidence
justifying the addition of traffic signals at the intersection of
East "H" Street and the entrance to Southwestern College to the
list of improvements to be financed by the fee in order to
implement and maintain compliance with the Circulation Element of
the City General Plan, and
WHEREAS, Ordinance No. 2251 authorizes the City Council
to amend or modify the list of projects to be financed by the
fee, and
WHEREAS, the City Council finds that the findings and
determinations made in Ordinance NO. 2251 continue to be true and
correct, and further that the amendment made by this ordinance
will further the purposes of Ordinance No. 2251.
NOW, THEREFORE, the City Council of the City of Chula
Vista does ordain as follows:
SECTION I: Section 3 of Ordinance No. 2251 is amended
to read:
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SECTION 3: Transportation Facilities to be Financed by
the Fee.
(a) The transportation facilities to be financed by the
fee established by this ordinance are:
1. State Route 125 from Otay Lakes Road to State
Route 54.
2. State Route 125 from Southern EastLake
boundary to Otay Lakes Road.
3. Telegraph Canyon Road from Interstate 805 to
Paseo Ladera.
4. Telegraph Canyon Road from Paseo Ladera to
Otay Lakes Road. (Including Interchange
Improvements at 1-805).
5. Otay Lakes Road from Telegraph Canyon Road to
Eastern EastLake I boundaries.
6. Otay Lakes Road from East "H" Street to Bonita
Road.
7. Otay Lakes Road from Telegraph Canyon Road to
the southern fee area boundary.
8. Interchange improvements at Interstate 805 and
East "H" Street.
9. East "H" Street through Rancho del Rey.
10. East "H" Street from Eastlake Drive to SR-125.
11. San Miguel Road from Bonita Road to SR-125.
12. Central Avenue from Bonita Road to Corral
Canyon Road.
13. Bonita Road from Otay Lakes Road to Sweet~ater
Road.
14. Sweetwater Road from Bonita Road to State
Route 54.
15. Certain reconstruction and traffic management
systems within fee boundaries necessary to
ensure safe and efficient operations of the
traffic system.
1__6. Traffic signals on East "H" Street at the
entrance of South%~estern College.
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(b) 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.
SECTION II: Section 4 of Ordinance No. 2251 is amended
to read:
SECTION 4: Developer Construction of Transportation
Facilities.
(a) 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 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.
(b) A developer may request authorization from the City
Council to construct one or more of the facilities
listed in Section 3. ~e//f~//~l~a/1/1//~//~
f~//~/~//c/h/e//~f~/~/~//~/~M~f~
(c) Whenever a developer requests reimbursement, or a
credit against fees, for work done or paid 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:
1. Detailed description of the project with a
preliminary cost estimate. That portion of
the project ~hich involves the specified
improvements authorized by Section 3 of
Ordinance No. 2251 is referred to herein as
the Transportation Facility Project.
2. Requirements of developer:
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preparation of plans and specifications for
approval by the City;
- secure and dedicate any right-of-way
required for the project;
secure all required permits, environmental
clearances necessary for construction of
the 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 project);
payment of all City fees and costs.
3. The City ~ill not be responsible for any of
the costs of constructing the project. The
developer shall advance all necessary funds to
construct the project.
4. 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.
5. The developer shall provide a detailed cost
estimate ~hich 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 uDon
completion of the Transportation Facility
Project.
6. Upon approval of the estimated cost by the
Director of Public Works, the developer shall
be entitled to immediate credit for 75 percent
of the estimated cost of the construction
attributable to the Transportation Facility
Project. The immediate credits shall be
apDlied to the developers' obligation to pay
fees for building permits issued after the
establishment of the credit. The developer
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shall specify these building permits to which
the credit is to be applied at the time the
developer submits the building permit
applications.
7. If the developer uses all of the 75 percent
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 25 percent of the
estimated cost of the Transportation Facility
Project.
8. 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 project to the City. The
Director of Public Works shall make the final
determination on expenditures which are
eligible for credit or cash reimbursement.
9. After final determination of eligible
expenditures has been made by the Public Works
Director, 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 amount of
the deferred fee obligations shall be based
upon the fee fee schedule in effect at the
time of the final credit determination. The
Director of Public Works shall convert the
credit to an EDU basis for residential
development and/or a Gross Acre basis for
commercial or industrial development. 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 ~eferred
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.
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~ 10. The developer will receive ~ the credit
against required Development Impact Fees
incrementally at the time building permits are
issued for the developers' project.
If the total construction cost amounts to more
than the total Development Impact Fees which
will be required for the developer's
~f~ff~ 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.
SECTION III: Section 7 of Ordinance No. 2251 is
amended to read:
SECTION 7: Assessment Districts.
If any assessment or special taxing district is
established for any or all of the facilities listed in
Section 3, 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 ~~//c/r//~;2/~//~f~ 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 IV: 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 54995 after the effective date of this ordinance.
SECTION V: Effective Date.
This ordinance shall become effective thirty (30) da~s
after its second reading and adoption.
Presented by Approved as to form by
J hn ~. rector of 2.b~.othas J.,,[~ron~ City ~ttorney
Works (,.../'
3688a
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA, HELD January 10 , 19 89 ~ AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD January 17
19 89 · BY THE FOLLOWING VOTE, TO-WIT:
AYES: Coun(;i~men: Moore, McCandliss, Nader, Cox, Malcolm
NAYES: Councilmen: None
ABSTAIN: Cot~cilmen ', None
None
ABSENT: Councilmen:
~/~the/~ity of Chulo Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor the above ond foregoing is 0 full, true ond correct copy of
ORDINANCE NO, 2289 ,and that the same has not been amended or repealed.
DATED
City Clerk