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Attachment 7 - Draft Amendments to PFFP Guidelines.pdf

Chula Vista City Council
January 23, 2024

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Attachment 7 - Draft Amendments to PFFP Guidelines.pdf
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January 23, 2024
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Chula Vista City Council
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1 Attachment #7 – Draft Amendments to PFFP Guidelines

Public Facility Finance Plans Guidelines

A Public Facility Finance Plan (PFFP) is a document that details infrastructure requirements for particular projects, and how the improvements will be funded. The Chula Vista Municipal Code (19.92.0309.080) requires Public Facilities Finance Plans ( PFFPs) for S ectional Planning Area (S PA) plans and Tentative Maps.; Tthey are also required for development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater.

I. Initiation and Preparation

Typically, PFFPs are prepared early in the development review process, at the time a SPA plan is prepared; or, if no SPA is involved, as a part of the Te ntative Map application. In some instances, the city may choose to incorporate the PFFP into other documents that meet the basic policy and technical requirements of a PFFP. For example, a PFFP could be incorporated into a Specific Plan or an area - specific financing plan sponsored by the city.

In some in stances, the city will sponsor preparation of a PFFP; for example, when the geographic coverage involved encompasses a large area with multiple landowners and no single development project. The procedures for such city-sponsored PFFPs will be similar to developer-sponsored PFFPs.

Adoption of a PFFP does not establish any entitlement or right to any particular gGeneral pPlan or zoning designation, or any particular development proposal.

A PFFP may be ini tiated by filing an application with the Director of Development Services. The applicant shall pay a deposit at the time any application for a PFFP is accepted , and the PFFP shall be prepared by the city, or a consultant selected by the city (which is typical), according to the procedures established by this section. In some instances, developer cooperation in the preparation of PFFPs (e.g., infrastructure design and cost estimating) is acceptable. In the case of a city-prepared PFFP, the city may recove r the cost of PFFP preparation by adding the cost to the impac t fees (or other financing mechanisms) created to fund the required public facility improvements.

II.I. Content

PFFP content requirements are outlined below.

A. A PFFP shall include a complete de scription of the proposed development project , and a complete description of all public facilities included within the boundaries of the plan and off- site facilities that will service the development ., as defined by the Development Services DirectorDirector o f Development Services. It shall also include a description of the individual and cu mulative impacts of the proposed development on the community a s it re lates to the Growth Management Program, the specific facility master plans. and the threshold standards.

B. The PFFP shall consist of maps, graphs, table s, and narrative text and shall be based upon the General Plan, Sectional Planning Area (SPA) , and zoning applicable within the area of impact. It 2 shall be consistent with the Growth M anagement Program and threshold standards and shall implement the Growth Management Program within the area.

C. The boundaries of th e PFFP shall be established by the city at the time a SPA plan o r Tentative Map is submitted by the applicant. The boundaries shall be b ased upon the impact created by the project on existing a nd future need for facilities. The project boundaries will co rrelate the proposed development project with existing and futur e development proposed for the area of impact to provide for the economic ally efficient and timely installation of both on -site and off- site facilities and improvements required by the develop ment. In establishing the boundaries for the PFFP, the city shall be guided by the following considerations:

1. Service areas or drainage or sewer basins that serve the project;

2. Extent to which facilities or improvements are in place or available;

3. Ownership of property;

4. Project impact on public facilities relat ionships, especially the impact on the city’s planned major circulation network;

5. Special district service territories; and

6. Approved fire, drainage, sewer, or other facilities or improvement master plans.

D. The boundaries shall be established by resolution after a public hearing, notice of which is given pursuant to CVMC 19.12.070.

ED. The PFFP shall show how and when the f acilities and services necessary to accommodate development within the area will be installed or and financed:

1. Police;

2. Fire/Emergency Medical Services;

3. Schools;

4. Libraries;

5. Parks and Recreation;

6. Water;

7. Sewer;

8. Drainage; and

9. Traffic;

3 FE. The PFFP shall include the following information with regard to each facility and service listed in Section E, above:

1. List of Facilities and Services. A list or schedule of facili ties a nd service requirements correlated to individual development projects within the area.

2. Inventory. An inventory o f present and future requirements for each facility and service . based u pon the threshold standards. The inventory shall include life c ycle c ost (LCC) projections for each element in Section E, above, as they pertain to city fiscal responsibility.

The LCC projections shall be for estimated life cycle for each element analyze d. The model used shall be able to identify and estimate initia l and recurring life cycle costs for the above elements. Be cause requirements for certain facilities and services may ov erlap plan boundaries, the plan shall address the need for coordination and shal l propose a coordination plan for facilities and service s e xtending from one project boundary area to another. Cost estimates for funding public facilities and services direct ly related to the impact created by the project as well as for proposals for fun ding existing deficiencies required by the project prior to the phasing schedule set forth in the Growth Management Program shall be included. It must be shown that developmen t in the area will not reduce the existing facilities or services capabilities within the project boundaries or create facilities or imp rovements shortages in other areas or reduce capability in any area below the threshold standards, which are established pursuant to CVMC 19.09. 040-050. The growth inducing impact of the out-of-area improvements shall be assessed and mitigation provided, if appropriate, to the satisfaction of the city council.

3. Phasing Schedule. A phasing schedule that complies with the adopted development phasing policy as set forth in the Growth Management Program and the threshold standards, which establishes the timing for installation or provision for facilities and services required by the project. The phasing schedule shall ensure t hat development of one area will not utilize more than the area’s pro rat a share of facility or service capacity within the projected service area of a facility unless sufficient capacity is ensur ed for other areas at the time of development. The phasing schedule shall include a schedule of development within the area and when facilities are built in relation to the units a cas h flow a nalysis f or financing of facilities and services for the PFFP are a. The phasing schedule shall identify periods where the demand for facilities and improvements may exceed t he capacity and provide a plan for eliminating the shortfall. If a projec t cannot demonstrate consistency with the phasing schedule, the PFFP must demonstrate, to the city’s satisfaction, how facilities required for the project in advance of the phasing s chedule as set forth in the master plan will be provided. If no facility master plan or threshold standard exists for a particular facility, the PFFP for the project must demonstrate how that facility will be provided and financed in a phased and timely manner.

4. Financing Plan. A financing plan establishing specific methods o f funding each facility and service identified in the PFFP, which allocat es the cost to the various properties within the plan area. The plan shall identify those facilities and ser vices that would otherwise be provided as a requirement of processing a de velopment project (i.e., requirements imposed as a condition of a develop ment permit) or provided by the developer in order to establish consistency with the General Plan, Growth Management Program or facility master plans, and those facilities and improve ments for which new funding methods shall be sufficient to 4 ensure that fu nds are available to construct or provide facilities or services when required by the phasing schedule for th e project. Where facilities or services are required for property within the PFFP area, other than the project, the phasing plan shall identify th ose other properties and the PFFP for each property shall be coordinated. Coordination, however, shall not require identical funding methods.

GF. The PFFP shall establish the proportionate share of the cost of facilities and services identified in the Growth Management Program and the facility master plans attributable to the development of each property in the PFFP area.

HG. In the event that an applicant provides private financing for public facilities or services to service a project in advance of the normal time frame for constructing such facilities, the approval of credits against any city fees for such a dvanced private financing may be postponed until the estimated time of suc h construction as specified in the specific facility master plan or the city’s capital improvement program budget.

In lieu of a facility master plan phasing schedule, such determin ation shall be made by the cCity cCouncil after reviewing information from the Development Se rvices Director Director of Development Services, City Engineer, Finance Director, and Deputy City Manager. In no event shall a developer receive interest on funds for providing public facilities or services in advance of the city’s schedule.

The d eveloper shall also b ecome respo nsible for the maintenance and operation costs associated with the early construction of said facility. No repayment will be made to the developer for the funds provided for maintenance and operational costs. All repayments will be considered in accordance with the city’s projected construction dates for said facilities.

I. Assessment Special tax districts requested by the developer shall not be given credit for facil ity fees when a facility is constructed above the st andards established by the respectiv e fa cility master plan or standards imposed as conditions on the approval of the project by the Ccity cCouncil.

JH. A fiscal impact analysis (FIA)/economic impact rep ort shall be provided identifying capital budget impacts on the city as well as maintenance and operation costs for each proposed phase of development. The report shall include an analysis of the project impact on school districts and water agencies as we ll as the life cycle analysis set forth in Section F.2, above. Each year during the deve lopment of th e project, the Development Services Director Director of Development Services may require the applicant to provide the city with an updated fiscal impact report reflecting the actual reve nue and expenditure impacts based upon the development of the project. The proje ct shall be conditioned to provide funding for periods where expenditures exceed projected revenues.

K. Developer contributions shall not be required as a source of funding for that proportion of the cost of any facility or service that is needed to reach threshold standards due to the demands created by existing development. (Ord. 2790, 1999; Ord. 2448 § 2, 1991).

III.II. Public Facilities Finance Plan Amendment

5 The cCity cCouncil may initiate an a mendment t o any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate facilities and improvements, and subsequent permits will be conditioned on conformance. An applicant can also initiate an amendment to a P FFP th at was originally adopted for their project, followin g the sa me procedures as those for establishing a new PFFP.

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