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HomeMy WebLinkAboutOrd 1988-2257 ORDINANCE NO. 2257 AN INTERIM ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING AN INTERIM DEVELOPMENT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, the City Council is placing an ordinance on its first reading which will establish a development impact fee to pay for transporation facilities in the City's Eastern Territories, and WHEREAS, pursuant to Government Code Section 65962, that ordinance will not become effective until sixty (60) days after its second reading, and WHEREAS, developments in the Eastern Territories which will impact transportation facilities will be applying for building permits during the interim period before the development impact fee becomes effective, and WHEREAS, Government Code Section 65962 authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate threat to the public health, welfare and safety, and WHEREAS, said interim measure may be effective for thirty (30) days and may be extended twice for additional thirty (30) day periods upon subsequent action by the City Council, and WHEREAS, state law requires said interim ordinance to be adopted by a four-fifth's vote. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chula Vista as follows: SECTION 1: Finding of Urgency. That the City Council of the City of Chula Vista finds that it is necessary that its development impact fee go into effect immediately in order that all properties in the Eastern Territories pay their fair share of the costs of public improvements related to the impacts caused by their development. Immediate implementation of this fee is necessary to avoid a possible shortfall in the amount of money necessary to pay for the street improvements or an increased charge to the remaining property owners. The City Council finds that the prospect of a shortfall and concerns about the propriety of an increased charge to remaining property owners -1- constitutes a current and immediate threat to the public health, welfare and safety justifying immediate imposition of this fee. SECTION 2: 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 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 Dwelling $1260/Dwelling Unit Commercial $84,040/Gross Acre Industrial ~63,030/Gross Acre -2- 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 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 5(a) of this ordinance to install improvements that are major streets and are listed in Section 4. 3. To reimburse developers who have been permitted to install improvements pursuant to Section 5(b) of this ordinance. SECTION 3: 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. -3- (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. (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 4: 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. (Including Interchange Improvements at 1-805). 4. Telegraph Canyon Road from Paseo Ladera to Otay Lakes Road. 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. -4- 13. Bonita Road from Otay Lakes Road to Sweetwater Road. 14. Sweetwater Road from Bonita Road to State Route 54. 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 5: 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 4. 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; -5- - 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. 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 6: 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 -6- 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. SECTION 7: Exemptions. Development projects by public agencies shall be exempt from the provisions of this fee. SECTION 8: 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 9: Expiration of this Ordinance. This interim ordinance shall be of no further force and effect in thirty (30) days. SECTION 10: 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 11: Effective Date. This ordinance shall become effective upon its first reading and adoption if passed by at least four (4) affirmative votes of the City Council as an interim ordinance. Presented by Approved as to form by Jo n P. p of Thomas J. Harron, City Attorney P orks 3692a -7- FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE C' OF CHULA VISTA~ CALIFORNIA~ HELD March 15 19 88 AND , · FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD March 15 19 88 , BY THE FOLLOWING VOTEr TO-WIT: AYES: Councilmen McCandliss, Nader, Malcolm, Cox, Moore NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None '/~M~or~f the/~'City o~('/'Chulo Vista ATTESTatiOn/~, ~ STy, E 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 above and foregoing is o full, true and correct copy of ORDINANCE NO. 2257 ,end fhot the some has nor been amended or repealed. DATED ~ City Clerk OF CHUI.A VlS!'A CC-660