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HomeMy WebLinkAboutOrd 1994-2582 ORDINANCE NO. 2582 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING THE TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE TO PROVIDE FOR THE CONTINGENT CONSTRUCTION OF SEWER IMPROVEMENTS WITHIN THE TELEGRAPH CANYON SEWER BASIN IF SEWAGE IS DIVERTED FROM SALT CREEK AND POGGI CANYONS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION IN THE TELEGRAPH CANYON SEWER PUMPED FLOWS BASIN WHEREAS, developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facili- ties outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's appropriate portion of the total cost of the sewer facilities; and, WHEREAS, all development within the City contributes to the cumulative burden on various sewer 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; and, WHEREAS, the Telegraph Canyon Sewer Pumped Flows Basin ("Pumped Flows Basin") is that area of land shown on the map attached hereto as Exhibit "2" (Exhibit 1 omittedry~ which map is generally comprised of those portions of Poggi Canyon and Salt Creek drainage basin within the City of Chula Vista, or its sphere of influence, from which wastewater will be collected and pumped into the Telegraph Canyon Sewer Basin ("Gravity Basin"); and, WHEREAS, the City desires and desired to oversize the Gravity Basin sewer facilities as a backup plan in order to accommodate sewage flow from the Pumped Flows Basin in the event that flows from the Pumped Flows Basin, in combination with the Gravity Basin flows, exceed the capacity of the Gravity Basin sewage system before adequate alternate sewage facilities (gravity drainage, treatment plants, reclamation plants, etc.) are available in the Salt Creek and Poggi Canyon drainage basins to handle the Pumped Flows; and, WHEREAS, this was and is intended to be a "backup plan"' inasmuch as the City expects that the flows in the Pumped Flows Basin will, with the construction of the necessary sewer facilities ("Poggi Canyon/Salt Creek Facilities"), eventually drain by gravity flow into the Poggi Canyon and Salt Creek Sewer Basins ("Poggi Canyon/Salt Creek Sewer Gravity Basins"), and then into the Otay Valley; and, WHEREAS, at such time as it appears, in the sole discretion of the City Council, that such Poggi Canyon/Salt Creek Facilities are imminent of construction, it is the intention of the City Council to terminate the imposition of this Development Impact Fee, and further, at such time and in such manner as the City Council, in its sole discretion, determines to be fair and Ordinance No. 2582 Page 2 equitable return any unused funds to the property owners existing at that time of the properties for which the fee was collected initially; and, WHEREAS, on February 25, 1992 the City Council passed Resolution No. 16518 approving an amendment to the agreement between the City of Chula Vista and Willdan Associates for preparation of said Backup Plan, therein referred to as the "Amended Plan"; and, WHEREAS, on February 25, 1992 the City Council passed Resolution No. 16519 approving the First Amendment to the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement to provide that EastLake should pay for the preparation of the "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows" ("Backup Plan"). WHEREAS, pursuant to said agreement with Willdan, Willdan Associates have prepared a proposed Backup Plan dated June 9, 1993 for approval by the City Council (herewith done); and, WHEREAS, on September 21, 1993 a public meeting was held between Staff and the developers of developments located within the Pumped Flows Basin to discuss the final Backup Plan and City Staff recommendations for establishing the Telegraph Canyon Sewer Pumped Flows Basin Development Impact Fee; and, WHEREAS, on December 7, 1993 a Public Hearing was opened but not completed before the City Council to provide an opportunity for interested persons to be heard on the approval of the Backup Plan and establishment of the Telegraph Canyon Sewer Pumped Flows Fee; and, WHEREAS, said hearing was continued various times the final one of which was to February 15, 1994 (hereinafter referred to as the "Public Hearing"); and, WHEREAS, the proposed Backup Plan determines that new development within the Pumped Flows Basin will create adverse impacts on the City's existing sewer facilities within the Gravity Basin (to wit, that the sewage expected to be generated from new development within the Pumped Flows Basin, when combined with the sewage flows from the Gravity Basin, will exceed the capacity of the current sewer system in the Gravity Basin). These impacts must be mitigated by the financing and construction of certain sewer facilities identified in this ordinance; and, WH EREAS, said proposed Backup Plan (1) includes an estimate of ultimate sewer flows anticipated from the Pumped Flows Basin; (2) recommends improvements to handle the combined incremental increases of sewage flow anticipated from the Pumped Flows Basin and from the Gravity Basin; and (3) establishes a fee payable by persons obtaining building permits for developments within the Pumped Flows Basin benefiting from Gravity Basin trunk sewer improvements; and, Ordinance No. 2582 Page 3 WHEREAS, sewer improvements and a fee to be levied on new development in the Pumped Flows Basin have been justified in the proposed Backup Plan; and, WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Backup Plan and the various reports and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Telegraph Canyon Sewer Pumped Flows Basin in the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Approval of Backup Plan. The City Council has independently reviewed the proposed Backup Plan herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk, and on file in the Office of the City Engineer. SECTION 2. "Facilities". The facilities which are the subject matter of the fee herein established are fully described in the Backup Plan at page 24 thereof, and the locations at which they will be constructed are more fully described on Plates I through 14 under the section thereof entitled "Improvement Locations", all of which facilities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow. SECTION 3. Territory to Which Fee Is Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth as an Exhibit to the Backup Plan, entitled "Developments Subject to Pumping (Pumped Flows Basin), Telegraph Canyon Sewer Basin, Improvement and Financing Plan Amendment, Incorporating Pumped Flows," shown as being "Prepared: June 23, 1993" not yet revised, shall be referred to herein as the "Territory" or alternatively Ordinance No. 2582 Page 4 "Pumped Flows Basin"' and is generally described as that area to the East of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins. SECTION 4, Purpose. By Ordinance No. 2533, the City Council approved a plan ("Gravity Basin Plan") for the financing and construction of the sewer-related facilities necessary to serve only the sewage transmission demands for the EDU's in the Gravity Basin. The purpose of this ordinance is to provide the necessary financing to oversize such sewer-related facilities in the Telegraph Canyon Sewer Gravity Basin, as defined in Ordinance No. 2533, Section 2, Territory ("Gravity Basin"), to accommodate sewage flows pumped into the Gravity Basin from the Pumped Flows Basin. SECTION 5. Establishment of Fee. A development impact fee ("Fee"), to be expressed on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of a building permit unless security therefore by Letter of Credit, as herein permitted, is on deposit with the City, for a development project within the Territory, is hereby established. SECTION 6. Due on Issuance of Building Permit; Exception for Letters of Credit Procedure. A. When Payable. The Fee shall be paid in cash upon (early payment is not permitted) the issuance of a building permit, except as provided in subparagraph B. B. Letter of Credit. A building permit may issue without the payment of the Fee in cash if (use of the following procedure shall herein be referred to as the "Letter of Credit Procedure") the Property owner of the property for which the building permit is sought, or her/his predecessor in interest, has placed on deposit with the City Engineer at or prior to the time a final subdivision map is approved by the City for the units which would otherwise be subject to the Fee on the issuance of a building permit, a letter of credit in a form acceptable to the City Attorney and which, at a minimum, provides for the following: (1) The Letter of Credit shall be irrevocable until released in writing by the City in the manner herein provided. It shall also specifically provide that a change of ownership of the property for which the Fee is payable shall not be a basis for releasing or Ordinance No. 2582 Page 5 cancelling the Letter of Credit. (2) The Letter of Credit shall be for a term not less than 3 years unless a shorter term is allowed by the City Attorney in conjunction with the City Engineer. (3) The Letter of Credit shall provide that at the expiration of the Term, the bank issuing the Letter of Credit shall pay the full amount over to the City unless the Term thereof is extended or the obligation excused by written direction of the City Attorney and City Engineer. (4) The Letter of Credit shall provide that the City may unconditionally draw on all or part of the Amount on demand by the City by written notice thereof and without offering any other justification or documentation (Authority for draws on the Letter of Credit as between the City and the Beneficiary is hereinbelow provided). (5) The Letter of Credit shall initially be in a minimum amount as determined by applying the rate of the Fee times the number of Equivalent Dwelling Units ("EDUs') within the territory of the Final Map. Such amount shall be increased or decreased from time to time as the rate of the Fee is adjusted by the City Council. C. Right of City to Draw on the Letter of Credit. The City may exercise its right to draw on the letter of credit in any of the following circumstances. (1) The property owner who would otherwise be responsible for paying the Fee hereunder fails to maintain the Letter of Credit in the minimum amount required by this Ordinance, in which case the full amount of the Letter of Credit may be drawn upon by the City. (2) The City determines, in its sole discretion, that all or a portion of the Letter of Credit is necessary to plan, design or construct, or otherwise assist in the planning, design or construction of, all or a portion of the Facilities, in which case the City is authorized to draw, for each such Facility. or portion thereof, from time to time as planning, design and construction proceeds, an amount which represents the entire actual cost of the Facility, including extra work and overruns, times a fraction, the numerator of which equals the estimated costs of the Facility to be borne by the Pumped Sewer Flows, as set forth in the latest Engineer's Report updating the DIF, and the denominator of which represents the Ordinance No. 2582 Page 6 total cost of the Facility as estimated in the latest Engineer's Report updating the DIF. (3) The property owner otherwise responsible for the payment of the Fee takes any act or suffers any act, or the bank on which the Letter of Credit is drawn takes any act or suffers any act, which, in the sole opinion and discretion of the City, creates a reasonable risk that the Letter of Credit may not be honored on demand by the City, in which case the City is authorized to draw on the Letter of Credit in such an amount as the City determines is necessary to avoid the risk of loss. D, Release of the Letter of Credit by City, The City shall issue to the Bank written release of the Letter of Credit, or such appropriate portion thereof, in any of the following circumstances: ( 1 ) The beneficiary has constructed, or caused to be constructed, to the satisfaction of the City, the Facilities or portion thereof agreed to by the City in accordance with the procedures for developer construction hereinbelow set forth in Sections 12 and 13. (2) The City Council has determined, in its sole discretion, that such Poggi Canyon/Salt Creek Facilities are imminent of construction. E. Remedies of City if Letter of Credit procedure violated. In the event that a draw on the Letter of Credit is not honored on demand as herein provided, the beneficiary (e.g., the Developer) of the Letter of Credit shall immediately deposit with the City the full amount thereof in cash, which shall be deemed to be a debt immediately due and payable of the beneficiary, and upon the failure to do so, the City is authorized among other remedies, to institute litigation and to withhold approval of any additional permits or other entitlements. SECTION 7. Determination of Equivalent Development Units. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi- family dwelling shall be considered .75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with Figure 5, Page 9 of the Backup Plan. SECTION 8. Time to Determine Amount Due; Advance Payment Prohibited. Unless the Letter of Credit Procedure is used, the Fee for each development Ordinance No. 2582 Page 7 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 was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. If the Letter of Credit Procedure is used, the amount of the Letter of Credit shall be determined at the time the Final Map is approved and shall be adjusted from time to time as the City determines appropriate. SECTION 9. Purpose and Use of Fee. The purpose of the Fee is to pay for the planning (including preparation of the Backup Plan), design, construction, repair, maintenance, and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. SECTION 10. Amount of Fee; Amendment of Master Fee Schedule. The Fee shall be calculated at the rate of (~560 per EDU. Chapter XV of the Master Fee Schedule is hereby amended to add Section B, which shall read as follows: "B. Telegraph Canyon Sewer Pumped Flows Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. 2547, but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that additional rules applicable to the imposition of the Fee, the language of the Ordinance governs. a. Territory to which Fee applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth as an Exhibit to the Backup Plan, entitled "Developments Subject to Pumping (Pumped Flows Basin), Telegraph Canyon Sewer Basin, Improvement and Financing Plan Amendment, Incorporating Pumped Flows," shown as being "Prepared: June 23, 1993" not yet revised, shall be referred to herein as the "Territory" or alternatively "Pumped Flows Basin" and is generally described as that area to the East of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins. Ordinance No. 2582 Page 8 b. Rate per EDU. The Fee shall be calculated at the rate of $560 per EDU, which rate shall be adjusted from time to time by the City Council. c. EDU calculation. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered .75 EDU, Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with Figure 5, Page 9 of the Backup Plan, d. When Payable. The Fee shall be paid in cash not later than immediately prior to the issuance of a building permit, except that a Letter of Credit Procedure is permitted for this Fee in the adopting Ordinance, as same may, from time to time, be amended." The City Council intends to review the amount of the Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this Fee as necessary to assure construction and operation of the Facilities, the reasons for which adjustments may include, but are limited to, the following: 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; changes in the type, size, location or cost of the Facilities to be financed by the Fee; changes in land use on approved tentative maps or Specific Plan Amendments; other sound engineering, financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule. SECTION 11. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Fee shall be deposited into a public facility financing fund ("Telegraph Canyon Sewer Basin Pumped Flows Development Impact Fee Fund", or alternatively herein "Fund" or "TCSBPF DIF Fund") which is hereby created and such proceeds shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. Ordinance No. 2582 Page 9 SECTION 12. Revision and Refund of Fees. A. Suspension. At such time ("Gravity Access Point in Time") as a parcel of property within the Territory is, in the opinion of the City Engineer, able to obtain sewer service by virtue of gravity sewer service available in the Salt Creek or the Poggi Canyon Basins, the Fee for such parcel shall be suspended. B. Refund. If the Fee has already been paid in cash for the parcel, the Fee shall be returned to the owner or owners of the property at the time the Council passes a written resolution certifying the completion of the entire planned Poggi/Salt Creek Facilities for the Poggi/Salt Creek Sewer Gravity Basin system, and then to each owner in a manner deemed fair and equitable by the City Council. In the absence of an alternative determination of fairness by the City Council, a refund which divides the remaining unused balance by the EDU's which contributed to the Fund shall be deemed a fair method. C. Release of Letters of Credit. If the cash payment of the Fee has been avoided by a developer by the deposit of a Letter of Credit pursuant to the Letter of Credit Procedure herein authorized, the Letter of Credit shall be released either (1) at such time that the City Council certifies by written resolution that the entire Poggi/Salt Creek Sewer Gravity Basin Facilities exists for all parts of the Salt Creek and Poggi Canyons or (2) at such sooner time as the City Council determines that the total balance of the letters of credit is not necessary to complete the planning, design and construction of the Facilities (i.e., in Telegraph Canyon Sewer Basin), certifies the amount needed to complete construction of the Facilities, and authorizes the release of 75% of the remainder by written resolution, specifying the recipients of such released Letters of Credit in a fair and equitable manner. SECTION 13. Findings. The City Council finds that collection of the Fees established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for these facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. SECTION 14. Fee Additional to other Fees and Charges. The Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the Ordinance No. 2582 Page 10 construction or the financing of the construction of public improvements within subdivisions or developments, and is specifically intended to be in addition to a development impact fee for the construction of the Poggi Canyon and/or Salt Creek Sewer Gravity Basin Facilities, such that a payor of this fee may also be required to pay any development impact fee charged for such facilities. SECTION 15. Mandatory Oversizing of Facility; Duty to Tender Reimbursement Offer. Whenever a developer of a development project in the Territory of the Pumped Flows Basin is required as a condition of approval of an entitlement (e.g., General Plan Amendment, Pre-zoning, General Development Plan, SPA Plan, etc.) to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Gravity Basin Plan to be oversized under the Backup Plan, the City may require the developer to install the Facilities according to design specifications approved by the City, that being with the supplemental size or capacity in order to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall first grant credits against the developer's obligation to pay the Fee, and, as to any excess, offer to reimburse the developer from the Fund either in cash or over time 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, and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 17. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a por- tion of the Facilities in conjunction with the prosecution of a development project within the Territory ("Work"), the City may, as part of the written agreement, grant credits against the Developer's obligation to pay the Fee, and may thereafter, use the proceeds of the Fund to reimburse the developer from the Fund either at the time the expenditures are incurred or over time 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, and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty Ordinance No. 2582 Page 11 to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 18. Procedure for Entitlement to Reimbursement Offer. The City's extension of a credit or a reimbursement offer to a developer pursuant to Section 15 or 16 above shall be conditioned on the developer complying with the terms and conditions of this section: 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 Work. B. Therequestforauthorizationshallcontainthefollowinginformation, and such other information as may from time to time be requested by the City: (1) Detailed descriptions of the Work with the preliminary cost estimate. 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 to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the Work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the project; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the construction of the project. (7) The developer shall advance all necessary funds to design and construct the project. Ordinance No. 2582 Page 12 (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. 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. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Work. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. (10) The agreement may provide that upon determination of satisfactory incremental completion of a Facility, as approved and certified by the Director of Public Works, the City may pay the developer progress payments, or grant incremental credits, in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25% of such costs until issuance by the City of a Notice of Completion. (11) The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Fee for building permits to be applied for in the future. (12) 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 reimbursement. (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Fees required by this ordinance against the City's duty to reimburse the developer. (14} If, after offset if any, funds are due the developer under this section, the City shall reimburse the developer from the Fund either at the time the expenditures are incurred or over time as Fees are collected, at the option of the City, for eligible 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; or the developer may waive reimbursement and use the amount due Ordinance No. 2582 Page 13 them as credit against future Development Impact Fee obligations. SECTION 18. Procedure for Fee Modification Any developer who, because of the nature or type of uses prol~osed for a development project, contends that application of the Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the City Council for a modification of the Fee and the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice is given of the public hearing on the development permit application for the project, 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, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Fee. SECTION 20. Assessment District, If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount equal to that portion of the cost included in the calculation of the Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the Backup Plan, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. Ordinance No. 2582 Page 14 SECTION 21. Expiration of this Ordinance. This ordinance shall be of no further force and effect when the City Council determines that the amount of Fees which have been collected reaches an amount equal to the cost of the Facilities. SECTION 22. 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 23. CEQA Findings for Statutory Exemption. The City Council does hereby find that the Fee herein imposed is for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas. The Council finds that the proposed Facilities are in existing rights of way parallel to or replacing existing sewer lines. Therefore, the City finds that the adoption of this Ordinance is statutorily exempt under the provisions of Public Resources Code Section 21080 (b) (8) and CEQA Guidelines Section 15273. SECTION 24. Other Not Previously Defined Terms. For the purposes of this ordinance, 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. D."Development Project" or "Development" means any activity described in Section 65927 and 65928 of the State Government Code. E."Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling; each on their own lot. Ordinance No. 2582 Page 15 SECTION 25. Effective Date. This ordinance shall become effective sixty (60) days after its second reading and adoption. Presented by ApproV as t!o fo~rm y ~! Lippit~~ t ~ruce M. Boogaa'r Director of Public Works City Attorney Ordinance No. 2582 Page 16 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day March, 1994, by the following vote: AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: B~verly A/Au~helet, 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. 2582 had its first reading on March 8, 1994, and its second reading and adoption at a regular meeting of said City Council on the 15th day of March, 1994. Executed this 15th day of March, 1994, / Beverly A/Authelet, City Clerk