HomeMy WebLinkAboutReso 1971-6026
RESOLUTION NO. 6026
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, OPPOSING SENATE BILL 489 AND ASSEMBLY BILL 52,
PROHIBITING A REQUIREMENT BY MUNICIPALITIES FOR DEDICA-
TION OF STREET RIGHTS-OF-WAY AS A CONDITION OF GRANTING
ZONING VARIANCES, CONDITIONAL USE PERMITS OR OTHER PERMITS
The City Council of the City of Chula Vista does hereby resolve
as follows:
WHEREAS, Senate Bill 489 (Coombs) and Assembly Bill 52 (Thomas)
are presently being considered by the legislature of the State of
California, which bills would seriously limit or prohibit the right of
municipalities to require, as a condition of granting zoning variances,
conditional use permits and other permits, the dedication of street
rights-of-way, and
WHEREAS, said practice of requiring such dedications has been
accepted as a reasonable and ordinary procedure on the part of munici-
palities throughout the State, based upon the clear and logical proposi-
tion that if a property owner desires a more intensive use of his
property and imposes a greater burden upon the public rights-of-way,
.he should be required by all standards of equity and justice to accept
his responsibility for said burden by making necessary dedications and
installing demanded public improvements, and .
WHEREAS, an examination of Senate Bill 489 would, on its face,
indicate 'that said legislation constitutes a restatement of the law as
presently accepted, and therefore negates the entire purpose of such
legislation, except that said legislation would probably create great
areas of confusion and generate a multiplicity of litigation, and
WHEREAS, Assembly Bill 52 constitutes a totally unacceptable
limitation upon the police powers of municipalities, and would, in
effect, impose the entire burden for the acquisition and development
of public rights-of-way upon the taxpayer in general rather than upon
the party whose acts create the need for the expansion and improvement
of the public rights-of-way, thus subsidizing the private developer at
the expense of the taxpayer in general.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista, on behalf of themselves and the taxpayers of the
entire Chula Vista community, do hereby strongly oppose Senate Bill 489
and Assembly Bill 52 relative to the prohibition of imposing dedication
as a condition of the issuance of zoning variances, conditional use
permits and other permits, and further urge both the.Senate and Assembly
of the State of California to defeat such measures.
BE IT FURTHER RESOLVED that the City Council considers said
measures as being totally regressive and lacking in basic considerations
for either the rights of private property owners or the total community
interests.
,
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula
Vista be, and she is hereby authorized and directed to forward certified
copies of this Resolution to Senator James Mills, Assemblyman Waddie
Deddeh, Assemblyman John Knox, Chairman of the Local Government Committee,
and to all members of the San Diego County legislative delegation.
Z;'
?dv_---
/Bruce H. Warren, Director of
Planning
Approved as to form by
~~
George D.hLindberg, City
';jV'
Attorney
~.
,
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this
13th day of
April
, 192!.-, by the
following vote, to-wit:
AYES:
Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES:
Councilmen None
ABSENT:
Councilmen None
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, JENNIE Mo FULASZ, City Clerk of the City of Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a full,
true and correct copy of
" and tha t the
same has not been amended or repealed"
DATED:
City Clerk
Cfts. 6o:2b