HomeMy WebLinkAboutOrd 2009-3126ORDINANCE NO. 3126
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING TITLE 17, SECTION 17.10.100
OF 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 pazk fees ("PAD fees") are collected prior to the
recordation of a final map or pazcel 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
have been identified as a possible impediment to development; and
WHEREAS, in those situations where the PAD fees aze not necessary for the public
health or welfaze, a deferral in the collection of such fees would not harm the City or its ability to
provide its citizens and communities with the Pazks 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:
That Chula Vista Municipal Code chapter 17, section 17.10.100 be amended with the
inclusion of sections 17.10.100(c), 17.10.100(d), and 17.10.100(e); as follows:
Ordinance No. 3126
Page 2
Chapter 17, Section 17.10.100
Collection and Distribution of Fees
(C) Notwithstanding the foregoing Section 17.10.100(A), the City may defer the payment of
in-lieu fees for land dedication and/or pazk development for those developments that require a
final subdivision map or pazcel map until the date of permit issuance provided such final map or
pazcel 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 pazk development due at permit issuance until a date 1
yeaz from the permit issuance or until the call for final inspection, whichever is eazlier, provided
the following conditions aze met:
1) The permit for which fee deferral is requested was issued after the adoption of this
Ordinance Section 17.10.100(D) and prior to December 31, 2010.
2) Permit applicant demonstrates, to the. satisfaction of the City Manager, that the payment
of the in-lieu fees at the time of permit issuances creates a financial hazdship.
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 aze 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 defen•ed fees aze 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 with
the date on which the deferral period ends.
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 prepazation and recording of the
agreement and associated lien.
4) For those deferred fees equal to or in excess of $100,000, the Agreement shall be
approved by the City Council. For those deferred fees less than $100,000, the City Manager or
his/her designee shall execute the Agreement. Sepazate 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(D) 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
17.10.100(C) and not the subject of a deferral agreement pursuant to Section 17.10.100(D), 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.
Ordinance No. 3126
Page 3
BE IT FURTHER ORDAINED that this ordinance shall take effect and be in full force
thirty (30) days after its adoption.
Presented by
~,
~~~+
Gary albe .E., AICP
Deputy Ci Manager/Development Services
Director
Approved as to form by
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of April 2009, by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None II''
~V~ ~ . ,
Cheryl Cox ayor
ATTEST:
0,44
Donna R. Norris, MC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3126 had its first reading at a regular meeting held on the 7th day of April 2009
and its second reading and adoption at a regular meeting of said City Council held on the 21st
day of April 2009; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Executed this 21st day of Apri12009.
Donna R. Norris CM ity Clerk