Title
RESOLUTION NO. 2015-220 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REFUND OF TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) IN THE AMOUNT OF $331,103 TO LENNAR HOMES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
The City of Chula Vista collected Transportation Development Impact Fees (TDIF) associated with Lennar Homes’ “Lake Pointe” project in the amount of $331,103. The project is currently being assessed for TDIF fees on the annual tax bill under Community Facilities District 06I and is therefore paying for the same facilities twice.
ENVIRONMENTAL REVIEW
Staff has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity, authorization of reimbursement of TDIF funds, is not a “project” as defined under Section 15378(b) (4) of the State CEQA Guidelines, because it is a fiscal activity that will not result in a physical change 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.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Table 1, below provides the summary of TDIF fees paid by Lennar Homes associated with their “Lake Pointe” project on Olympic Parkway, north of the Olympic Training Center. The City assessed these fees in error as the development will pay their TDIF fees by virtue of their participation in Community Facilities District 06I (CFD06I) which constructed the TDIF facilities required by the project.
There will be no impact to planned TDIF transportation projects in the coming fiscal year due to the refund.
Table 1.
Transportation Development Impact Fees paid by Lennar
|
Date |
Receipt No. |
TDIF Paid |
|
01/28/2015 |
549598 |
$29,984 |
|
04/14/2015 |
510907 |
$23,463 |
|
04/14/2015 |
665082 |
$31,284 |
|
04/14/2015 |
602139 |
$31,284 |
|
01/28/2015 |
423926 |
$89,952 |
|
04/14/2015 |
357403 |
$125,136 |
|
|
Total |
$331,103 |
DECISION-MAKER CONFLICT
There are no decision maker conflicts for this item.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The refunding of these fees indicates the perpetual need for continual improvement in operation excellence.
CURRENT YEAR FISCAL IMPACT
Approval of this Resolution will authorize the refund of $331,103 in duplicate TDIF fees collected in error. The refund will reduce the cash balance in the TDIF fund, but will have no impact on the overall fee program. The funds were not assumed in developing the current year capital improvement program; therefore, no projects will be negatively impacted by the refund.
ONGOING FISCAL IMPACT
The subject TDIF fees were collected in error and will be refunded in-full in the current fiscal year. Refunding the fees creates no ongoing fiscal impact to the TDIF fund.
ATTACHMENTS
Staff Contact: Dave Kaplan 691-5025