HomeMy WebLinkAboutOrd 2019-3461ORDINANCE NO. 3461
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
ORDINANCE NO. 2384 RELATING TO THE
ESTABLISHMENT OF THE TELEGRAPH CANYON
DRAINAGE DEVELOPMENT IMPACT FEE
WHEREAS, the City’s General Plan and “Growth Management” ordinance require
adequate public facilities be available to accommodate new development; and
WHEREAS, in the early 1990’s, development of properties was proposed within the
boundaries served by the Telegraph Canyon Drainage Basin, which handled a limited amount of
surface and storm water runoff; and
WHEREAS, recognizing that additional drainage facilities would be needed to
accommodate the surface and storm water runoff resulting from new development, the City
Council held a public hearing on August 7, 1990 and adopted Ordinance No. 2384; and
WHEREAS, Ordinance No. 2384 approved a report entitled, “City of Chula Vista,
California, Telegraph Canyon Drainage Plan,” dated June 6, 1990, and on file with the City Clerk,
which establishes the boundaries of the Telegraph Canyon Drainage Basin, the boundaries of the
Telegraph Canyon Drainage Improvement District and the boundaries of the area of benefit of the
Telegraph Canyon Drainage Improvements, the extent of the additional drainage facilities needed
to accommodate new development in the Drainage District, and a proposed allocation of fees to
pay for the drainage facilities; and
WHEREAS, Ordinance No. 2384 also established the Telegraph Canyon Drainage Basin
Development Impact Fee in the amount of $3,922.00 per gross benefit acre of undeveloped land
identified within the Telegraph Canyon Drainage Plan; and
WHEREAS, on April 21, 1998 the City Council held a public hearing and approved
Resolution 18965, which increased the per acre fee to $4,579.00 based upon inflationary
adjustments contemplated in the original ordinance, and to date, remains unchanged; and
WHEREAS, there are no remaining properties within the boundaries established by the
Telegraph Canyon Drainage Plan that are subject to the Telegraph Canyon Drainage Basin
Development Impact Fee; and
WHEREAS, the Telegraph Canyon Drainage Basin improvements are incomplete; and
WHEREAS, the existing balance in the Telegraph Canyon Drainage Development Impact
Fee and future grant funding will be used to complete the improvements in the Telegraph Canyon
Drainage Basin that are needed to protect the public’s health, safety and welfare, and to assume
effective implementation of the City’s General Plan and “Growth Management” ordinance; and
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Ordinance No. 3461
Page No. 2
WHEREAS, the activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required. In addition, notwithstanding the foregoing, this
subject action also qualifies for an Exemption pursuant to Section 15061(b)(3) of the California
Environmental Quality Act State Guidelines.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Ordinance 2384 is repealed in its entirety.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. 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.
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Ordinance No. 3461
Page No. 3
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of September 2019, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3461 had its first reading at a regular meeting held on the 23rd day of July 2019
and its second reading and adoption at a regular meeting of said City Council held on the 10th day
of September 2019; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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9/17/2019