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HomeMy WebLinkAboutOrd 1990-2348A URGENCY ORDINANCE NO. 2348A AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING A DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, the City Council is placing an ordinance on its first reading which will increase the development impact fee to finance transportation facilities within the City of Chula Vista, and WHEREAS, pursuant to Government Code Section 65962, that the fees increased by that ordinance will not become effective until sixth (60) days after its second reading, and WHEREAS, developments in the City which will impact various transportation facilities will be applying for building permits during the interim period before the development impact fee increase becomes effective, and WHEREAS, Government Code Section 65962 authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate threat to the public heal th, wel fare, and safety, and current and immediate threat to the public health, welfare, and safety, and WHEREAS, said interim measure may be effective for thirty (30) days and may be extended twice for additional thirty (30) day periods upon subsequent action by the City Council, and WHEREAS, state law requires said interim ordinance to be adopted by a four-fifths vote. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chula Vista as follows: SECTION 1. Finding of Urgency. That the City Council of the City of Chula Vista finds that it is necessary that its development impact fee for transportation facilities go into effect immediately in order that all properties especially those in the eastern section of the City pay their fair share of the cost of public transportation improvements relating to the impacts caused by their development, Immediate implementation of this fee is necessary to avoid a possible shortfall in the amount of money necessary to pay for the various public transportation facilities or an increased charge to the remaining property owners. The City Council finds that the prospect of a shortfall and concerns about the property of an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. Ordinance No. 2348A Page 2 SECTION 2. That the development impact fee schedule set forth in Section l(c) of Ordinance No. 2251 is amended to read as follows: DEVELOPMENT TYPE TRANSPORTATION FEE Single Family $2850/Dwellin9 Unit Detached Dwelling Single Family $2280/Dwelling Unit Attached Dwelling Multi-Family $1710/Dwellin9 Unit Dwellin9 Commercial $114,000/Gross Acre Industrial $57,000/Gross Acre SECTION 3. That the definition of "Financial and En9ineerin9 Studies" as set forth on Section l(f) of Ordinance No. 2251 is amended to read as follows: "Financial and en9ineerin9 studies means the 'Interim Eastern Area Development Impact Fees for Streets' study prepared by George T. Simpson and Willdan Associates dated November 1987, and the 'Eastern Area Development Fees for Streets' study prepared by Municipal Finance Administration and Will dan Associates dated November 22, 1989, both of which are on file in the office of the City Clerk". SECTION 4 That the list of facilities and pro9rams set forth in Section 3(a) of Ordinance No. 2251 is amended to read as follows: "(a) The transportation facilities and programs to be financed by the fee established by this Ordinance are: Project Location 1. State Route 125 North San Miguel to Telegraph Canyon Road 2. State Route 125 South Tele9raph Canyon Road to Orange Avenue 3. Telegraph Canyon Road Paseo Del Rey to east of Paseo Ladera/north side 3a. Telegraph Canyon Road 1-805 Interchan9e/Phase II 4. Tele9raph Canyon Road Phase I Rut9ers Road to EastLake Boundary 5. Telegraph Canyon Road Phase II Paseo Ladera to Apache Drive 6. Telegraph Canyon Road Phase III Apache Drive to Rutgers Road 7. East "H" Street 1-805 Interchange Modifications 8. East "H" Street EastLake Drive to State Route 125 Ordinance No. 2348A Page 3 9. Otay Lakes Road Camino del Cerro Grande to Ridgeback Road 10. Otay Lakes Road Telegraph Canyon Road south to DIF boundary 11. Bonita Road Otay Lakes Road to Central Avenue 12. Bonita Road Central to San Miguel 13. San Miguel Road Bonita to State Route 125 14. East "H" Street State Route 125 to San Miguel 15. East "H" Street San Miguel to Hunte Parkway 16. Orange Avenue O1 eander to eastern DIF boundary/north side 17. Pal omar Street O1 eander to eastern D IF boundary/north side 18. Telegraph Canyon Road Eastern boundary of EastLake 1 to Hunte Parkway 19. EastLake Parkway Telegraph Canyon Road to southern boundary 20. Hunte Parkway East "H" Street to Telegraph Canyon Road 21. Hunte Parkway Telegraph Canyon Road to Orange 22. Orange Avenue EastLake to Hunte Parkway 23. Paseo Ranchero Road Telegraph Canyon Road to southern boundary SECTION 5. Effective Date. This Ordinance shall become effective immediately upon its adoption, provided however, that it is approved by a four-fifths vote of Council and shall remain effective for 30 days thereafter, subject to two potential 30 day extensions by subsequent Council action. Presented by Approved as to form by L I J H Ordinance No. 2348A Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of January, 1990, by the following vote: AYES: Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2348A was approved as an urgency measure on the 9th day of January, 1990. Executed this 9th day of January, 1990.