HomeMy WebLinkAboutCC ORD 2010-2340 Amend Title 4 Transportation Development Impact FeesORDINANCE NO. 2010 — 2340
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY
AMENDING SECTIONS 4.52.050 AND 4.52.140 OF CHAPTER 4.52,
TITLE 4, OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING
TO TRANSPORTATION DEVELOPMENT IMPACT FEES
BE IT ORDAINED by the City Council of the City of National City that
Chapter 4.52 of the National City Municipal Code is amended by amending Sections
4.52.050 and 4.52.140 to read as follows:
Chapter 4.52.050 Definitions.
The definitions set forth in this section shall govern the application and
interpretation of this Chapter:
"Applicant" means developer or person seeking a development permit.
"Building permit" means a permit required and issued by the City of National City.
"City" means the City of National City.
"City of National City transportation impact fee program" is the fee study entitled
"City of National City Transportation Impact Fee Program," dated March 2008, approved
and adopted by the city council on April 1, 2008. The City of National City transportation
impact fee program is maintained for public review in the engineering department of the
City of National City.
"Construction" means design, performance of estimates, environmental
assessments and studies, determination of fees, acquisition of right-of-way,
administration of construction contracts, and actual construction.
"Developer" means the owner or developer of a development seeking a
development permit.
"Development permit" means any permit or approval from the City of National
City including, but not limited to, a general plan amendment, zoning or rezoning of
property, a conditional use permit, a design permit, a coastal development permit, a
variance permit, a planned development permit, subdivision map, parcel map, building
permit, or any another permit for construction, reconstruction, or development.
"Development project" or "development" means any activity described in Section
66000 et seq., of the California Government Code.
"Industrial" means any use of land specified as an industrial use in Title 18 of this
Code.
"Institutional Units" mean a nursing home, home for the aged, assisted living
facility, or similar institutional units.
"Multifamily" means any use of land specified as a multifamily use in Title 18 of
this Code.
"New development" means any development requiring a development permit.
"Residential" means any use of land specified as a residential use in Title 18 of
this Code.
"Single-family" means any use of land specified as a residential use in Title 18 of
this Code.
"TDIF" means Transportation Development Impact Fee.
"TDIF facilities" means the transportation facilities, or portions thereof, identified
in the City of National City Transportation Impact Fee Program, or future city approved
alternatives that substantially fulfill the transportation needs identified and represented
by a listed facility.
"TDIF reports" means the City of National City Transportation Impact Fee
Program report dated March 2008, and approved and adopted by the city council on
April 1, 2008. This report shall be changed or periodically updated by action of the city
council pursuant to Section 4.52.100 of this Chapter. The current adopted reports are
on file with the city clerk of the City of National City.
"Transportation facility project" means that project or portion of project, which
involves the specified improvements in the City of National City Transportation Impact
Fee Program.
4.52.140 Exemptions.
The following new development shall be exempt for the application of the
provisions of this Chapter:
A. Public facilities, government buildings, public buildings, public schools.
B. Uses with the following characteristics or activities as a principal use of
land, generally described as "community purpose facility":
1. Social service activities, including such services as Boy Scouts, Girl
Scouts, Boys Club and Girls Club, YMCA and services for the homeless;
2. Public schools (elementary and secondary);
3. Private schools (elementary and secondary);
4. Day care (nonprofit only);
5. Senior care and recreation (nonprofit only); and
6. Worship, spiritual growth and development.
C. Condominium conversions.
D. Moderate, low, very low, and extremely low income residential units as
defined by Health and Safety Code Sections 50079.5, 50093, 50105, 50106, and by
reference in Government Code Section 65585.1.
E. Rehabilitation and/or reconstruction of any legal residential structure
and/or the replacement of a previously existing residential unit.
F. Development projects subject to development agreements prior to May
28, 2004 that expressly prohibit the imposition of impact fees, however, if the terms of
the development agreement are extended beyond July 1, 2008, then the requirements
of this chapter shall apply,
G. Guest dwellings.
H. Additional residential units located on the same parcel regulated by the
provisions of any agricultural zoning.
Kennels and catteries established in conjunction with an existing
residential unit.
J. The sanctuary building of a church, mosque, synagogue, or other house of
worship eligible for property tax exemption.
K. Institutional Units if the following findings are made and documented prior
to the issuance of a final occupancy permit:
Ordinance No. 2010 — 2340
Page 2 Amending Chapter 4.52
Transportation Development Impact Fees
1. The individual units will not have both a bathroom and permanent
built-in kitchen facilities equipped with a cooking range, refrigerator, and sink; and
2. The principal reason a person will live in the unit is because the
person needs medical and/or nursing care; and
3. The developer has agreed that the unit in substance will be used as
a health care facility rather than as a residence.
PASSED and ADOPTED this 18th day of May, 2010.
ATTEST:
ri
Michael R. Dalla,'City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ordinance No. 2010 — 2340
Ron Morrison, Mayor
Page 3 Amending Chapter 4.52
Transportation Development Impact Fees
Passed and adopted by the Council of the City of National City, California, on May 18,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
11
Jerk of the City off
City National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on May 4, 2010 and on May 18, 2010.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not Tess than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2010-2340 of the City Council of the City of National City, passed
and adopted by the Council of said City on May 18, 2010.
City Clerk of the City of National City, California
By:
Deputy