HomeMy WebLinkAboutOrd 2017-3402ORDINANCE NO. 3402
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
ORDINANCE NO. 2533, RELATING TO THE
ESTABLISHMENT OF THE TELEGRAPH CANYON SEWER
BASIN DEVELOPMENT IMPACT FEE
WHEREAS, the City's General Plan and "Growth Management" ordinance require
adequate, safe sewer facilities to be available to accommodate the increased flow created by new
development; and
WHEREAS, the City Council determined that potential delays in the construction of
improvements to the Telegraph Canyon Sewer Basin (Basin) would adversely impact the City's
ability to accommodate said increased -flows; and
WHEREAS, on January 23, 1990 the City Council passed Resolution No. 15449, which
approved the Telegraph Canyon Sewer Basin Monitoring and Gravity Basin Usage Agreement,
requiring the City to prepare the Telegraph Canyon Sewer Basin Improvement and Financing
Plan (Basin Plan); and
WHEREAS, the Basin Plan, entitled "Telegraph Canyon Sewer Basin Improvement and
Financing Plan'' was prepared and dated July 31, 1992, with a subsequent addendum entitled
"Addendum to Telegraph Canyon Sewer Basin Plan" dated September 25, 1992; and
WHEREAS, the Basin Plan determined that sewage expected to be generated from new
development within the Basin would exceed the capacity of the existing sewer system to handle
the additional sewage, which would need to be mitigated by financing and constructing certain
sewer facilities; and
WHEREAS, the Basin Plan justified sewer improvements in the Basin and a fee levied
on all new development discharging into the Basin; and
WHEREAS, on September 22, 1992, the City Council passed Resolution No. 16819,
setting a hearing to approve the Telegraph Canyon Sewer Basin Plan and establish the Telegraph
Canyon Sewer Basin Development Impact Fee (DIF); and
WHEREAS, on October 20, 1992, the City Council held a public hearing and determined
that the sewer facilities DIF would be necessary on all developments for which building permits
had not yet been issued within the Basin service area east of Interstate 805; and
WHEREAS, the City Council also determined that the amount of the fee levied by
Ordinance No. 2533 would not exceed the estimated cost of providing improvements to Basin
facilities; and
Ordinance No. 3402
Page No. 2
WHEREAS, on November 10, 1992, the City Council adopted Ordinance No. 2533,
which established the Telegraph Canyon Sewer Basin DIF to fund improvements to the Basin
necessitated by additional development; and
WHEREAS, the Telegraph Canyon Sewer Basin improvements are complete, and
collecting the fees from the Telegraph Canyon Sewer Basin DIF is no longer needed to protect
the public's health, safety and welfare or to assume effective implementation of the City's
General Plan or "Growth Management" ordinance.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain that
Ordinance No. 2533 is hereby repealed in its entirety.
Section I. Effective Date
This ordinance shall take effect and be in full force 30 days after its adoption.
Section Il. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by
Kelly G. Broughton, FASLA
Director of Development Services
Approved as to form by
Gl n R. oogins
Ci Att ey
Ordinance No. 3402
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of May 2017, by the following vote:
AYES: Councilmembers: Aguilar, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Diaz
. C. Mayor
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ATTEST:
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Donna R. Norris, MC, 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. 3402 had its first reading at a regular meeting held on the 9th day of May 2017
and its second reading and adoption at a regular meeting of said City Council held on the 16th
day of May 2017; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
t- vav 2v/ 7
Dated Donna R. Norris, CMC, City Clerk