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HomeMy WebLinkAboutOrd 1988-2251 Revised 1/7/83 ORDINANCE NO. 2251 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, ESTABLISHING A DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, the City's General Plan Land Use and Circulation Elements require that adequate, safe transportation facilities be available to accommodate the increased traffic created by new development, and WHEREAS, the City Council has determined that new development within the Eastern Territories will create adverse impacts on the City's transportation system which must be mitigated by the financing and construction of certain transportation facilities identified in this Ordinance, and WHEREAS, the City Council has determined that a reasonable means of financing the transportation facilities is to levy a fee on all development in the Eastern Territories of the City, and WHEREAS, the fee has been justified by the financial and engineering study entitled "Interim Eastern Area Development Impact Fees for Streets" dated November, 1987, and prepared by George T. Simpson and Willdan Associates, and WHEREAS, the financial and engineering study and the City's General Plan show that the transportation network will be adversely impacted by new development within the Eastern Territories unless new transportation facilities are added to accommodate the new development, and WHEREAS, the financial and engineering study and the City's General Plan establishes that the transportation facilities necessitated by development in the Eastern Territories comprises an integrated network, and WHEREAS, developers of land within the Eastern Territories should be required to mitigate the burden created by development through the construction of transportation facilities within the boundaries of the development, the construction of those transportation facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards, and the payment of a fee to finance the development's portion of the total cost of the transportation network, and -1- WHEREAS, all development within the Eastern Territories contribute to the cumulative burden on the transportation network in direct relationship to the amount of traffic generated by the development, and WHEREAS, the amount of traffic generated has been determined based upon average daily trips for various land areas based upon studies conducted by SANDAG and verified by the financial and engineering study prepared for the purposes of this fee, and WHEREAS, the SANDAG traffic generation determinations have been used by numerous public agencies in San Diego County for various purposes, including the preparation of General Plan Circulation Elements, the justification of traffic impact fees, and transportation planning, and have been determined to be a reliable and accepted means of allocating the burden on a transportation network to development to be served by the network, and WHEREAS, on January 12, 1988, the City Council held a duly noticed meeting at which oral or written presentations could be made, and WHEREAS, on January 12, 1988, the City Council ordered and approved a negative declaration and supporting documentation regarding the proposed fee, and WHEREAS, the City Council determined based upon the evidence presented at the meeting, the City's General Plan and the various reports and other information received by the City Council in the course of its business that imposition of the traffic impact fee on all development in the Eastern Territories for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and in order 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 transportation facilities. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: Establishment of Fee. (a) A development impact fee in the amounts set forth in subsection (c) is hereby established to pay for transportation improvements and facilities within the Eastern Territories of the City. The fee shall be paid before the issuance of building permits for each development project within the Eastern Territories of the City. The fees shall be -2- deposited into an Eastern Territories Transportation Facilities Fund, which is hereby created, and 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 various improvements and 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. 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 those facilities and to ensure certainty in the capital facilities budgeting for the Eastern Territories. (b) The fee established by this section 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. (c) The fee for each development shall be calculated at the time of building permit application based upon the following schedule: Development Type Transportation Fee Single Family ~2101/Dwelling Unit Detached Dwelling Single Family $1681/Dwelling Unit Attached Dwelling Multi-Family ~1260/Dwelling Unit Dwelling Commercial $84,040/Gross Acre Industrial $63,030/Gross Acre The City Council shall annually review the amount of the fee. The City Council may adjust the amount of the fee as necessary to reflect changes in the Engineering-News Record Construction Index, the type, size, location or cost of the Transportation Facilities to be financed by the fee, changes in land use designations in the City's General Plan, and upon other sound engineering, financing and -3- planning information. Adjustments to the above fee may be made by resolution amending the Master Fee Schedule. (d) The fees collected shall be used by the City for the following purposes as determined by the City Council: 1. To pay for the construction of facilities by the City, or to reimburse the City for facilities installed by the City with funds from other sources. 2. To reimburse developers who have been required by Section 4(a) of this ordinance to install improvements that are major streets and are listed in Section 3. 3. To reimburse developers who have been permitted to install improvements pursuant to Section 4(b) of this ordinance. SECTION 2: Definitions. 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 Sections 65927 and 65928 of the State Government Code. (e) "Eastern Territories" means that area of the City located between Interstate 805 on the West, the City sphere of influence boundary on the East, Bonita Road on the North, and the ridge line between the extensions of Telegraph Canyon Road and Orange Avenue on the South, as shown on the map entitled "Area of Benefit and Street Project Location (Map 1)" of the financial and engineering study. -4- (f) "Financial and engineering study: means the "Interim Eastern Area Development Impact Fees for Streets: study prepared by George T. Simpson and Willdan Associates dated November, 1987, and on file in the Office of the City Clerk. 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 Sweetwater Road. 14. Sweetwater Road from Bonita Road to State Route 54. -5- 15. Certain reconstruction and traffic management systems within fee boundaries necessary to ensure safe and efficient operations of the traffic system. (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 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 4 of this ordinance, the City Council may impose an additional requirement that the development 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. (b) A developer may request authorization from the City Council to construct one or more of the facilities listed in Section 3. The request shall be made in writing to the City Council and shall contain the following informational conditions: 1. Detailed description of the project with a preliminary cost estimate. 2. Requirements of developer: - 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; - payment of all City fees and costs. 3. The City will not be responsible for any of the costs of constructing the project. The developer shall advance all necessary funds to construct the project. -6- 4. The developer shall secure at least three (3) qualified bids for work to be done. Any extra work or charges during construction shall be justified and shall be documented. 5. 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. 6. The developer will receive a credit against required Development Impact Fees 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 property, then the amount in excess of Development Impact Fees will be paid in cash when funds are available as determined by the City Manager, or a reimbursement agreement will be executed. 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 or reduction of the fee. 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 within sixty (60) days after its filing. The decision of the City Council shall be final. If a reduction or waiver 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 protesting or challenging the fee imposed by this ordinance. -7- SECTION 6: Exemptions. Development projects by public agencies shall be exempt from the provisions of this fee. SECTION 7: Assessment Districts. If an assessment or special taxing district is established for any or all of the facilities listed in Section 4, 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 assessment or taxes paid. SECTION 8: 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 transportation facilities or reimbursements. SECTION 9: 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 10: Effective Date. Pursuant to Government Code Section 65962, this ordinance shall become effective sixty (60) days after its second reading and adoption. Presented by Approved ?F/~to form by Joh P. L pi of Thomas J. Harron, City Attorney Pu orks 3688a -8- FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE C OF CHULA VISTA, CALIFORNIA· HELD January 12 . 19 88 -, AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD Jannary 19 · 19 88 , BY THE FOLLOWING VOTE, TO-WIT: AYES: Councilmen Cox, Malcolm, Nader, Moore NAYES: Councilmen None ABSTAIN: Councilmen McCandliss ABSENT: Councilmen Nn~ of City'6~' Chula 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 Vista, California, DO HEREBY CERTIFY that the obove ond foregoing is 0 full, true ond correct copy of ORDINANCE NO. 2251 ,and fhot the some hos not been omendedor repealed. DATED City Clerk CIIY OF CHULA VISTA cc- o ORDINANCE NO. 2251 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, ESTABLISHING A DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY~S EASTERN TERRITORIES At the meeting of January 19, 1988, the City Council placed the ordinance on second reading and adoption. The purpose of the development impact fee is to equitably share the responsibility for providing the circulation system in the eastern area. Fees will be collected as building permits are pulled and any fees in the program could be used to build any of the facilities as priorities are determined by City Council. It will also serve as a basis of equitably sharing the responsibity and determining reimbursements and credits as the larger developers install facilities included in the program. Copies of the ordinance are available at the office of City Clerk, City Hall, 276 Fourth Avenue, Chula Vista, CA. DATED: 1/21/88 ' . sz, CMC, ~ty Clerk