HomeMy WebLinkAboutOrd 2011-3181ORDINANCE NO. 3181
ORDINANCE OF THE CITY OF CHULA VISTA
SUSPENDING THE COLLECTION OF FEES CHARGED
PURSUANT TO CHAPTERS 3.50 (DEVELOPMENT IMPACT
FEES TO PAY FOR VARIOUS PUBLIC FACILITIES), 3.55
(WESTERN TRANSPORTATION DEVELOPMENT IMPACT
FEES), AND 17.10 (PARKLAND AND PUBLIC FACILITIES)
OF THE CHULA VISTA MUNICIPAL CODE FOR SPECIFIED
TYPES OF DEVELOPMENT IN THE REDEVELOPMENT
PROJECT AREAS, EXCLUDING THE BAYFRONT PROJECT
AREA, FOR A PERIOD OF FIVE (5) YEARS
WHEREAS, in August 2009, at a Joint Meeting of the Chula Vista Redevelopment
Corporation (CVRC) and the Chula Vista Redevelopment Agency (Agency), the CVRC was
directed to explore creative options for incentivizing redevelopment; and
WHEREAS, in December 2009, the City hired Economic and Planning Systems, Inc.
(EPS) to review the feasibility of infill development in western Chula Vista; and
WHEREAS, in March 2010, the Memorandum entitled, "City of Chula Vista Westside
Infill Market Review and Feasibility Analysis," was completed, describing current market
conditions in western Chula Vista, analyzing the feasibility of several common development
types, and revealing that none of the development types are feasible under current market and
economic conditions; and
WHEREAS, in August 2010, EPS presented the results of their report at a CVRC
Workshop, noting that Chula Vista's relatively high residential development impact fees could
be a deterrent to new development and could delay economic recovery; and
WHEREAS, at the August Workshop, the CVRC directed staff to come back with a
proposal for addressing certain findings in the Memorandum; and
WHEREAS, on October 14, 2010, the Chula Vista Redevelopment Corporation adopted
Resolution No. 2010-018 recommending that the City Council of the City of Chula Vista
discontirme collecting development impact fees (Western Transportation Impact Fee (WTDIF),
Public Facilities Financing Development Impact Fee (PFFDIF), and Park Acquisition and
Development Fee (PAD) in the redevelopment project azeas, excluding the Bayfront Project
Area, for a period of five years and use tax increment to finance capital improvement projects
identified in the development impact fee program(s); and
WHEREAS, the Bayfront Project Area shall be excluded from this proposal due to
existing and proposed development plans and agreements, which are structured on and rely upon
funding from future development impact fees; and
Ordinance No. 3181
Page 2
WHEREAS, the Redevelopment Agency has entered into an agreement with the City of
Chula Vista (City) committing its revenues to ensure that the development impact fee accounts
are made whole by either: 1) designing and constructing those public facilities and purchasing
certain property required to support such development in the Redevelopment Areas for which
fees are suspended pursuant to this ordinance or 2) paying to the City the dollaz amounts of the
fees suspend on or before the expiration of this ordinance at the then current rates; and
WHEREAS, there will be no negative financial impact to the City of Chula Vista or the
development impact funds as a result of suspension of the collection of development impact fees
in the Redevelopment Project Areas; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines
because it involves administrative activities that will not result in direct or indirect physical
changes to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
NOW, THEREFORE, the City of Chula Vista City Council does hereby ordain as
follows:
I. SUSPENSION OF FEES
The collection of fees charged pursuant to Chapters 3.50 (Development Impact Fees to
Pay for Various Public Facilities), 3.55 (Western Transportation Development Impact Fees), and
17.10 (Parklands and Public Facilities) of the Chula Vista Municipal Code is suspended for a
period of five (5) years for 1) mazket rate residential development in all Redevelopment Project
Areas excluding the Bayfront Project Area; 2) retail, office, and industrial development in the
Otay Valley Project Area; and 3) industrial development in the Southwest Redevelopment
Project Area.
II. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
final adoption.
Presented by
Assistant,(City Manager /
Director of Development Services
Approved as to form by
i
Glen R. ogins
omey
Ordinance No. 3181
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of January 2011, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Castaneda and Ramirez
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Cheryl Cox, M or
ATTEST:
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Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3181 had its first reading at a regular meeting held on the 11th day of January
2011 and its second reading and adoption at a regular meeting of said City Council held on the
18th day of January 2011; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
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Dated Donna R. Norris, CMC, City Clerk