HomeMy WebLinkAboutOrd 1994-2604 ORDINANCE NO. 2604
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING ORDINANCE NO. 2251, AS AMENDED, TO
PROVIDE FOR A PROCEDURE FOR REDUCTION AND/OR
DEFERRAL OF THE TRANSPORTATION DEVELOPMENT IMPACT
FEE FOR SHORT TERM, INTERIM FACILITY USERS
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Section 5 of Ordinance No. 2251, as has been from time to time
amended, is hereby further amended to read as follows:
"Section 5. Procedure for Fee Waiver or Reduction.
Any developer who, because of the nature or type of uses proposed for a development project,
contends that application of the fee imposed by this ordinance is unconstitutional, or unrelated to
mitigation of the traffic needs or burdens of the development, may apply to the City Council for a
waiver, reduction, or deferral of the fee. A development which is designed and intended as a
temporary use (10 years or less) and which is conducted in facilities which are, by their nature,
short term interim facilities such a portable or modular buildings (including mobile homes, trailers,
etc.) may qualify for a waiver, reduction or deferral. In addition, a deferral may be granted on the
basis of demonstated economic harship on the condition that (1) the use offers a significant public
benefit; (2) the amount deferred bears interest at a fair market rate so as to constitute an
approximate value equivalent to a cash payment; and (3) the amount deferred is adequately secured
by agreement with the applicant. Unless the requirement for timely filing is waived by the City, the
application shall be made in writing and filed with the City Clerk not later than ten (10) days after
notice of the public hearing on the development permit application for the project is given, 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 waiver or reduction. The City
Council shall consider the application at a public hearing on same notice of which need not be
published other than by description on the agenda of the meeting at which the public hearing is
held. Said public hearing should be held within sixty (60) days after its filing. The decision of the
City Council shall be final. If a deferral, reduction or waiver is granted, it should be granted
pursuant to an agreement with the applicant, and the property owner, if different from the
applicant, providing that any change in use within the project shall subject the development to
payment of the full fee. The procedure provided by this Section is additional to any other procedure
authorize by law for protesting or challenging the fee imposed by this ordinance."
Presented by Approved as to foi T by
/
Lippitth P Bruce M. Boogaarc
Director of Public Works City Attorney
Ordinance No. 2604
Page 2
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day September, 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:
Beverly N.~ 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. 2604 had its first reading on September 13, 1994, and its
second reading and adoption at a regular meeting of said City Council on the 20th day of
September, 1994.
Executed this 20th day of September, 1994.
Beverly/X'. Authelet, City Clerk