HomeMy WebLinkAboutOrd 2000-2826ORDINANCE NO. 2826
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING ORDINANCE NO. 2579
RELATING TO AN INTERIM PRE-STATE ROUTE 125
DEVELOPMENT IMPACT FEE TO PAY FOR
TRANSPORTATION FACILITIES IN THE CITY'S EASTERN
AREA AND TO PAY FOR COSTS ASSOCIATED WITH
ADVANCING THE CONSTRUCTION OF STATE ROUTE 125
WHEREAS, the City's General Plan Land Use and Circulation Elements require that
adequate, safe transportation facilities be available to accommodate the increased traffic created
by new development; and
WHEREAS, the City Council has 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 2251, the original Transportation Development Impact Fee
Ordinance included State Route 125 from State Route 54 to the Southem Eastlake Boundary as a
project to be financed by the fee established by that ordinance in recognition of the importance of
that facility to the City's overall transportation network; and
WHEREAS, Ordinance 2579 established an Interim Pre-State Ronte 125 Development
Impact Fee which recognized the importance of the State Route 125 to the City's cimulation
system in the Eastern Tenitories and levied a fee on new development to pay for an interim
facility in the event State Route 125 could not be built.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: FINDINGS The City Council finds that the construction of State Route 125 will
mitigate the adverse impacts on the City's transportation system caused by increased traffic
resulting from new development; and
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 State Route 125 corridor which has limited traffic capacity: and
The City Council finds that the adverse effects of Caltrans' delay in constructing SR-125
can be avoided by use of the Interim State Route 125 Development Impact Fee to advance the
construction of State Route 125 all to the benefit of public safety; and
The City Council finds that the use of the Interim Pre-State Route 125 Development
Impact Fee funds to advance the construction of State Route 125 is a reasonable means of
spreading the burden among all of the developers in the Eastem Territories; and
The City Council finds that the use of the Interim Pre-State Route 125 Development
Impact Fee funds is an equitable and reasonable mariner of financing the activities necessary to
advance the construction of State Route 125; and
Ordinance 2826
Page 2
The City Council finds that using the collected fees to advance the construction of State
Route 125 will benefit overall transportation in the City of Chula Vista; and
The City Council finds that the "Interim State Route 125 Facility Feasibility Study"
prepared by the firm of Howard Needles Tammen & Bergendoff in May, 1993, references the
importance of State Route 125 and the need for a transportation facility in the corridor in order to
accommodate increasing traffic due to development; and
The City Council finds that there is a demonstrated need for a permanent facility to serve
the needs created by new development and that such a need is bene~cially met by using
transportation fees for purposes related to such a permanent facility rather than solely relying on
an interim, temporary solution; and
The City Council finds that the legislative findings and determinations set forth in
Ordinance Nos. 2579, 2759 and 2770 continue to be true and correct; and
The City Council finds, based on the evidence presented at the meeting held for this
Ordinance, including the "Interim State Route 125 Facility Feasibility Study" prepared by the
firm of Howard Needles Tammen & Bergendoff in May, 1993, the City's General Plan, and the
various reports and information received by the City Council in the ordinary course of its
business, that the imposition of traffic impact fees on all development in the eastern territories
for which building permits have not been issued is necessary in order to protect the public,
health, safety and welfare and in order to assure effective implementation of the City's General
Plan.
SECTION 2: Ordinance 2579, Section I (e), Establishment of Fees, is hereby amended to add a
new paragraph as follows:
To advance the construction of State Route 125 the expenditures
for which include, but are not limited to, the costs related to
studying the feasibility of purchasing the franchise, purchasing the
franchise, acquiring right of way, and constructing State Route 125
as either a toll facility or freeway.
SECTION 3: 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 Govemment Code Section 66020(d)(1),
the ninety-day approval period in which parties may protest begins upon the effective date of this
ordinance.
SECTION 4: Those portions of Ordinances 2579, 2759 and 2770 not amended by this ordinance
shall remain in full force and effect.
SECTION 5: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
-- Ordinance 2826
Page 3
Presented by
Approved as to form by
isttDirector
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of October, 2000, by the following vote:
AYES:
Councilmembers:
Davis, Moot, Padilla, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Shirley HortoZMayor
Susan Bigelow, City Cler~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Ordinance No. 2826 had its first reading at a regular meeting held on the l0th day of October,
2000 and its second reading and adoption at a regular meeting of said City Council held on the
17th day of October, 2000.
Executed this 17th day of October, 2000
Susan Bigelow, City Cler