HomeMy WebLinkAboutOrd 1993-2554 ORDINANCE NO. 2554
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER
3.50 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO A
DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC
FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL PLAN
AREA BOUNDARY AND SUPERSEDING ORDINANCE NO. 2432 AND
ORDINANCE NO. 2320
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That the existing Ordinance No. 2432 and Ordinance No. 2320 are
hereby superseded, concurrent with the effective date of a new Ordinance 2554,
and a new Chapter 3.50 is hereby added to the Chula Vista Municipal Code to read
as fol 1 ows:
Cb_apter 3.50
DEVELOPMENT IMPACT FF.F_~ TO PAY FOR VARIOUS PUBLIC FACII.rllF~
3.50.010 General IntenL
The City's General Plan Land Use and Public Facilities Elements require that adequate public
facilities be awailable to accommodate increased population created by new development within the City of
Chula Vista.
The City Council has determined that new development will create adverse impacts on the Citys
existing public facilities which must be mitigated by the Financing and construction of certain public
facilities which are the subject of this chapter. New development contributes to the cumulative burden on
these public facilities in direct relationship to the amount of population generated by the development or
the gross acreage of the commercial or industrial land in the development.
The City Council has determined that a reasonable means of financing the public facilities is to
charge a fee on all developments in the City of Chula Vista. Imposition of the public facilities development
impact fee on all new development for which building permits have not yet been issued is necessary in order
to protect the public safety and welfare in order to ensure effective implementation of the Cites General
Plan.
3.50.020 Definitions.
For the purposes of this chapter, the following words or phrases shall be construed as defined in this
Section, unless from the context it appears that a different meaning is intended.
(a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as
adopted by reference by this City.
(b) "Developer" means the owner or developer of a development.
(c) "Development Permit means any discretionary permit, entitlement or approval for a development
project issued under any zoning or subdivision ordinance of the City.
Ordinance No. 2554
Page 2
(d) "Development Project" or "Development" means any activity described as the following:
1. Any new residential dwelling unit developed on vacant land;
2. Any new commercial/office or industrial development constructed on vacant land;
3. Any expansions to established developments or new developments on non-vacant land in
those land use categories listed in 1 and 2 above, if the result is a net increase in EDUs.
The Fee shall be based solely on this net EDU increase.
4. Any new or expanding Special Land Use project;
5. Any Special Purpose Project developed on vacant land or non-vacant land, or expanded
within a pre-existing site, if the result is a net increase in EDUs. The Fee shall be based on
solely on this net EDU increase.
6. Any other Development Project not listed above but described in Section 65927 and 65928
of the State Government Code.
(e) "Community Purpose Facilit3?' means a facility which serves one of the following purposes:
1. social service activities, including such services as Boy Scouts and Gift Scouts, Boys and
Girls Club, Alcoholic Anonymous and services for the homeless;
2. public schools;
3. private schools;
4. day care;
5. senior care and recreation;
6. worship, spiritual growth and development;
(f) 'Special Land Use' means any non-residential, non-commercial/office or non-induslrial Development
Project (e.g. Olympic Training Center, hospitals, utilities), or non-Special Purpose Project.
(g) "Special Purpose Project' means any for-profit Community Purpose Facility (e.g. day care).
Ch) 'Engineer Report" refers to the April 20, 1993 'Development Impact Fees for Public Facilities'
Report.
3.50.030 Public Facilities to be Financed by the Fee.
(a) The public facilities ("Facilities") which are the subject matter of the Fee include buildings,
equipment and related one-time start-up costs or portions thereof, as detailed in subsection (c)
below and in the Engineer Report on file in the Office of the City Clerk.
(b) The City Counc~ may modify or amend this list of Facilities by written resolution in order to
maintain compliance with the City's General Plan or the Capital Improvement Program.
(c) The Facilities are as follows:
Civic Center Expansion
Police Department Expansion and Improvements
Corporation Yard Relocation
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Page 3
Library System Expansion
Fire Suppression System Expansion
Geographic Information System Development
Mainframe Computer System Expansion
Telephone System Upgrade
Records Management System Development
3.50.040 Tenitory to V~dch Fee Applicable.
The area of the City of Chula Vista to which the Fee herein established shall be applicable shall be
the territorial limits of the City of Chula Vista ("Territory") as they may from time to time be amended.
3.50.050 Establishment of Fee.
A Development Impact Fee ("Fee"), to be expressed on a per Equivalent Dwelling Unit ("EDU") basis,
is hereby established to pay for the Facilities within the Territory. The Fee shall be paid upon the issuance
of building permits for each Development Project within the City of Chula Vista.
3.50.060 Determination of Equivalent Dwelling Uni~,
Each new single family detached dwelling, single family attached dwelling, or unit within a multi-
family dwelling or mobilehome dwelling in a Development Project shall be considered one EDU for purposes
of this Fee. Commercial/Office and Industrial Development Projects shall be charged at the rate of 5.00
EDU's per gross acre of land. The EDU rate for each Special Land Use Development Project, as defined in
Section 3.50.020, shall be charged at the rate of 5.00 EDUs per gross acre of land, except that the Olympic
Training Center shall be charged at the rate of 1.25 EDLPs per gross acre of land. The EDU rate for each
Special Purpose Project, as defined in Section 3.50.020, shall be charged at the rate of 3 EDUs per gross acre
of land. The charges shall be those outlined in Section 3.50.090(c). The Fee multiplied by the total number
of EDUs within a given Development Project represents a Developer's fair share ("Fair Share") for that
Development Project.
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 mount as indicated at that time and not when the tentative map or final map were granted or
applied for, or when the bu~ding permit plan check was conducted, or when application was made for the
building permit.
3.50.080 Purpose and Use of Fee.
The Fee collected shall be used by the City for the following purposes in such order and at such time
as determined by the City Council:
(a) To pay for such of the Facilities that the City Council determines should be constructed, installed
or purchased at that time, or to reimburse the City for Fac~ities funded by the City from other
SOurces.
Ordinance No. 2554
Page 4
(b) To reimburse developers who have been required or permitted by Section 3.50.140{a) to construct,
install or purchase approved Facilities listed in Section 3.50.030(c), in such amounts as the Council
deems appropriate.
(c) To repay any and all persons who have, pursuant to prior Fee Ordinance 2320 or 2432, or pursuant
to this Ordinance, advanced or otherwise loaned funds for the construction of a Facility identified
herein.
(d) To repay the City for administration costs associated with administration of the Fee.
3.50.090 Amount of Fee.
(a) The Fee shall be the amounts set forth in Section 3.50.090(b) and (c). The City Council may adjust
the amount of this Fee as necessary to reflect changes in the costs of the Facilities as may be
reflected by such index as the Council deems appropriate, such as the Engineering-News Record
Construction Index, or such other basis; changes in the type, size, location or cost of the Facilities
to be financed by the Fee, changes in land use designation in the city's General Plan, and upon other
sound engineering, financing and planning information. Adjustments to the Fee may be made by
resolution amending this Section.
(b) The Fee shall have portions which are, according to the Engineer Report, allocated to a specific
Facility ("Fee Components") which correspond to the costs of the various Facilities, plus the
Administration cost for the Fee, which is a percentage of the Fee Components' total cost divided by
total EDUs, as indicated in Section 3.50.090.
(c) The fee shall be the following, depending on land use:
landU~e Fee
Residential $2,150/dwetllng unit
Commercial/Office $10,750/acre
Industrial $10,750/acre
Special Land Use $10,750/acre
Olympic Training Cente~ $2,688/acre
Public Purpose Exempt
Non-profit Community Exempt
purpose Facility
Special Purpose Project, $6,450/acre
including For-Profit Day
Care
3.50.100 Development Projects Exempt hum the Fee.
{a) Development Projects by public agencies shall be exempt from the provisions of the Fee if those
projects are designed to provide the public senrice for which the agency is charged ("Public
Purpose").
Ordinance No. 2554
Page 5
(b) Community Purpose Facilities which are not operated for profit ('Non-Profit Community Purpose
Facilities") are also exempt inasmuch as these institx/tions provide benefit to the community as a
whole including all land use categories which are the subject matter of the Fee. The City Council
hereby determines that it is appropriate to spread any impact such Non-Profit Community Purpose
Facilities might have to the other land use categories subject to the Fee. In the event that a court
determines that the exemption herein extended to Community Purpose Facilities shall for any reason
be invalid, the City Council hereby allocates the Non-Profit Community Purpose Facilities' Fair Share
to the City of Chula Vista and not to any of the land use categories which are the subject matter of
the development impact land use categories.
(c) Development Projects which are additions or expansions to existing dwelling units or businesses,
except Special Land Use projects, shall be exempt ff the addition or expansion does not result in a
net increase in EDUs.
3.50.110 Authority for Accounting and R=xT~nditures.
a) Fees collected before the effective date of the Ordinance codifylug this Section.
1. All fees which have accrued shall remain in separate accounts ("Accounts') corresponding
to the Facilities listed in Section 3.50.030, as established by the Director of Finance, and
shall only be expended for the purposes associated with each Facility account.
2. The Director of Finance is authorized to maintain Accounts for the various Facilities
identified in this chapter and to periodically make expenditures from the Accounts for the
purposes set forth herein.
b) Funds collected on or after the effective date of the Ordinance codifying this Section.
1. The Fees collected shall be deposited into a public facility financing fund ("Public Facilities
Development Impact Fee Fund," or alternatively herein "Fund") which is hereby created and
shall be expended only for the purposes set forth in this chapter.
2. The Director of Finance is authorized to establish a single Fund for the various Facilities
identified in this chapter and to periodically make expenditures from the Fund for the
purposes set forth herein.
3.50.120 Findings.
The City Council finds that collection of the Fee established by this chapter at the time of the
building permit issuance is necessary to provide funds for the Facilities and to ensure certainty in the capital
facilities budgeting for growth impacted public facilities.
3.50.130 Fee Additional to Other Fees and Charges.
This Fee is in addition to the requirements imposed by other City laws, policies or regulations
relating to the construction or the financing of the construction of public improvements within subdivisions
or developments.
Ordinance No. 2554
Page 6
3.50.135 Mandatory 0versivjng of Facility;, Duty to Tender Reimbursement Offer.
Whenever a Developer of a Development Project is required as a condition of approval of a
Development Permit to cause a Facility or a portion of a Fac~ity to be bu~t to accommodate the demands
created by the Development Project, the City may require the Developer to install, purchase or construct the
Fac~ity according to design specifications approved by the City, that being with such supplemental size or
capacity required by the City ("Oversized Capacity Requirement"). If such a Oversized Capacity Requirement
is imposed, the City shall offer to reimburse the Developer from the Fund either in cash or over time, with
interest at the fair market value of money, as Fees are collected, at the option of the City, for costs incurred
by the Developer for the design and construction of the Facility not to exceed the estimated cost of that
particular Facility as included in the calculation and updating of the Fee. The City may update the Fee
calculation as City deems appropriate prior to making such offer. This duty to offer reimbursement shall
be independent of the developer's obligation to pay the Fee.
3.50.140 Developer Conslruction of 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 a Facility, or if
a developer proposes to design and construct a portion of a Facility in conjunction with the
prosecution of a development project within the Territory, and follows the procedure for doing same
hereinbelow set forth, the City Council shall, in the following applicable circumstances, tender only
the credit or reimbursement hereinbelow identified for that circumstance.
1) If the cost of the Facility, incurred by the Developer and acceptable to the City, is
less than or equal to that portion of the Developez's Fair Share related to the Fee
Component for that Facility, the City may only give a credit ('Developer Credit')
against the that portion of the Developez~s Fair Share related to the Fee Component
for that Facility ('Fair Share of the Fee Component'); or,
2) If the cost of the Facility, incurred by the Developer and acceptable to the City, is
greater than that portion of the Developer's Fair Share related to the Fee
Component for that Fac~ity, but less than or equal to the Developer's total Fair
Share, the City may give a credit which credit shall first be applied against that
portion of the Fair Share related to the Fee Component for that Facility, and the
excess costs for the Facility shall then be applied as credits against such other Fee
Components of the Developez's total Fair Share as the City Manager, in his sole and
unfettered discretion, shall determine; or,
3) If the cost of the Facility, incurred by the Developer and acceptable to the City, is
greater than the Developer's total Fair Share, the City may give a credit against the
Developer's total Fair Share as the City Manager, in his sole and unfettered
discretion, shall determine; and/or, the City may tender to the Developer a
reimbursement agreement to reimburse said Developer only from the Fund as
monies are available, over time, with interest at the fair market value of money, at
the option of the City.
3.50.150 Procedure for Issuance of Credits or Tender of Reimbursement Offer.
The City's extension of credits or tender of a reimbursement offer to a Developer pursuant to Section
3.50.140 shall be conditioned on the Developer complying with the terms and conditions of this Section:
Ordinance No. 2554
Page 7
(a) Written authorization shall be requested by the Developer from the City and issued by the City
Council by written resolution before Developer may incur any costs eligible for reimbursement
relating to the Facility.
(b) The request for authorization shall contain the information listed in this Section and such other
information as may from time to time be requested by the City.
(c) If the Council grants authorization, it shall be by written agreement with the Developer, and on the
following conditions among such other conditions as the Council may from time to time impose:
1. Developer shall prepare all plans and specifications and submit same for approval by the
City.
2. Developer shall secure and dedicate any right-of-way required for the Facilities.
3. Developer shall secure all required permits and environmental clearances necessary for
construction of the Facilities.
4. Developer shall provide performance bonds in a form and amount, and with a surety
satisfactory to the City (where the Developer intends to utilize provisions for immediate
credit, the performance bond shall be for 100 percent of the value of the project).
5. Developer shall pay all City fees and costs;
6. The City shall be held harmless and indemnified, and upon tender by the City, defended by
the Developer for any of the costs and liabilities associated with the construction of the
Facilities.
7. The City will not be responsible for any of the costs of constructing the Facilities. The
Developer shall advance all necessary funds to construct the Facilities.
8. 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 exwa work or charges during construction shall be
justified and shall be documented to the satisfaction of the Director of Public Works.
9. The Developer shall provide a detailed cost estimate which itemizes those costs of the
construction attributable to the Facilities 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 upon completion of the Facilities.
10. The City may grant partial credit for costs incurred by the Developer on the Facility upon
determination of satisfactory incremental completion of a Facility, as approved and certified
by the Director of Public Works, in an amount not to exceed 75 percent of the cost of the
construction completed to the time the partial credit is granted, thereby retaining 25% of
such credits until issuance by the City of a Notice of Completion.
11. 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 Facility to the City. The
Director of Public Works shall make the final determination on expenditures which are
eligible for credit or reimbursement.
Ordinance No. 2554
Page 8
3.50.160 Procedure for Fee Modification or Reduction.
Any Developer who, because of the nature or type of uses proposed for a Development Project,
contends that application of this Fee is unconstitutional or unrelated to mitigation of the burdens of the
Development, may apply to the City Council for a modification or reduction of the Fee. The application shall
be made in writing and Fried with the City Clerk not later than ten (10) days a~ter notice of the public
hearing on the Development Permit application for the project is ~iven, or if no Development Permit is
required, at the time of the filing of the building permit application. The application shall state in detail
the factual basis for the claim of modification or reduction. The City Council shall make reasonable effoxs
to consider the application within sixty (60) days after its filing. The decision of the City Council shall be
final. If a reduction or modification is granted, any change in use within the project shall subject the
Development to payment of the Fee. The procedure provided by this section is additional to any other
procedure authorized by law for protection or challenging this Fee.
3.50.170 Fund Loans.
(a) Loans by the City.
The City may loan funds to the Fund to pay for a Facilities should the Fund have insufficient funds
to cover the cost of said Facfiity. Said loans, if granted, shall be approved upon the adoption of the
annual City budget and shall carry interest rates as set by the City Council for each fiscal year. A
schedule for repayment of said loans shall be established at the time they are made and approved
by the Council, with a maximum term not to exceed the life of the Fund.
(b) Developer Loans.
A Developer may loan funds to the City as outlined in Sections 3.50.140 and 3.50.150(c) (14). The
City may repay said Developer loans with interest, under the terms listed in (a) above.
3.50.180 Effaztlve Date.
This ordinance shall become effective sixty (60) days after its second reading and adoption.
Presented by Appro as to2rm by, k~~,
yt~ '" '- Bruce M. Boogaard
Special Projects Flanager City Attorney
Ordinance No. 2554
Page 9
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 27th day of April, lg93, by the following vote:
AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly A/. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2554 had its first reading on
April 20, 1993, and its second reading and adoption at a regular meeting of said
City Council held on the 27th day of April, 1993.
Executed this 27th day of April, 1993.
Beverly A,/Authelet, City Clerk