HomeMy WebLinkAboutOrd 2004-2959
ORDINANCE NO. 2959
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING ORDINANCE 2579, RELATING
TO INTERIM PRE-SR-125 DEVELOPMENT IMPACT FEE
WHEREAS the City's General Plan Land Use and Circulation Elements require
adequate, safe transportation facilities be available to accommodate the increased traffic created
by new development; and
WHEREAS, the City Council determined that potential delays in the construction of
State Route 125 (SR-125) by Caltrans or others will adversely impact the City's ability to
accommodate said increased traffic; and
WHEREAS, Ordinance 2579 established an Interim Pre-SR-125 Development Impact
Fee which recognized the importance of State Route 125 to the City's circulation system in the
Eastern Territories and levied a fee on new development to pay for an interim facility in the
event State Route 125 could not be built; and
WHEREAS, State Route 125 has received financing and is now under construction.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
SECTION I: FINDINGS
The City Council finds that the construction of State Route 125 will provide a greater
benefit in accommodating the increased traffic than will construction of an interim facility within
the general SR-125 corridor which has limited traffic capacity; and
The City Council finds that the construction of SR-125 is no longer delayed and has
began construction; and
The City Council fmds that collecting the fees from the Interim Pre-SR-125 Development
Impact Fee Program is no longer needed to protect the public's health, safety, and welfare or to
assume effective implementation of the City's General Plan because of the progress of
construction of SR-125; and
SECTION 2: Ordinance 2579, is hereby amended to add a new paragraph as follows:
The City shall not collect interim SR-125 fees based upon the findings set forth herein. If
the fmdings are no longer valid the City shall have the discretion to reinstate said fees in
accordance with the requirements of state law. If the fee is reinstated, funding received from the
reinstated fees will be used solely for the purposes set forth in Ordinance 2779, Section I(c) I
through 5.
SECTION 3 Ordinance 2579, Section I (c), Establishment of Fees, is hereby amended to add a
new paragraph as follows:
6. To advance the construction or fmancing of transportation enhancing projects or
transportation programs related to SR-125.
Ordinance 2959
Page 2
SECTION 4: Time Limit for Protest and Judicial Action
Any judicial action or proceeding to attack, review, set aside void or annul this ordinance
shall be brought within the time period as established by law.
In accordance with Government Code Section 66020(d)(l), the ninety-day approval
period in which parties may protest begins upon the effective date of this ordinance.
SECTION 5: Those portions of Ordinances 2579, 2759, and 2770 not amended by this
ordinance.
SECTION 6: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
s Director
(À I1i[A~ Q
Ann Moore ~
City Attorney
Ordinance 2959
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of April, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
None
None
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ATTEST:
~.u.A L ~'~ 0 c'-
Susan Bigelow, CMC, City lerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2959 had its fITst reading at a regular meeting held on the 6th day of April, 2004
and its second reading and adoption at a regular meeting of said City Council held on the 20th
day of April, 2004.
Executed this 20th day of April, 2004.
~ tLt., c=3: ¡< ~
Susan Bigelow, CMC, City Clerk