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HomeMy WebLinkAboutOrd 1990-2431 ORDINANCE NO. 2431 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, in January, 1988, the City Council of the City of Chula Vista adopted Ordinance No. 2251 establishing a development impact fee for transportation facilities in the City's eastern territories, and WHEREAS, pursuant to Ordinance No. 2251, the City has commenced the collection of development impact fees to be used to construct transportation facilities to accommodate increased traffic generated by new development within the City's Eastern Territories, and WHEREAS, pursuant to Section l(c) of Ordinance No. 2251 and California Government Code Sections 66000, et. seq., the City Council has caused a study to be conducted to reanalyze and reevaluate the impacts of development on the transportation system for the City's eastern territories and, to further reanalyze and reevaluate the development impact fee necessary to pay for the transportation facilities which financial and engineering study prepared by Willdan Associates, is entitled "Eastern Area Development Impact Fees for Streets" dated November, 1990, and WHEREAS, the financial and engineering study and the City's General Plan show that the transportation network will be adversely impacted by new development within the eastern territories unless new transportation facilities are added to accommodate the new development, and WHEREAS, the financial and engineering studies and the City's General Plan establish that the transportation facilities necessitated by development in the eastern territories comprise an integrated network, and WHEREAS, the City Council has determined that developers of land within the eastern territory should be required to mitigate the burden created by development through the construction of transportation facilities within the boundaries of the development, the construction of those transportation Ordinance No. 2431 Page 2 facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards and the payment of a development impact fee to finance the development's portion of the costs of the transportation network, and WHEREAS, the City Council hereby determines that the legislative findings and determinations set forth in Ordinance NO. 2251 continue to be true and correct, and WHEREAS, on December 4, 1990, the City Council of the City of Chula Vista held a duly noticed meeting at which oral or written presentations regarding the development impact fee for the City's eastern territories could be made, and WHEREAS, after consideration of the evidence presented to it including the eastern areas development impact fees for streets study the City Council determined that certain amendments to Ordinance No. 2251 are necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve the eastern territories by the development impact fee, and WHEREAS, the City Council determines, based on the evidence presented at ' the meeting 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, and WHEREAS, the City Council has determined that the amount of the amended fees as levied by this Ordinance does not exceed the estimated cost of providing the transportation facilities. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: SECTION l: That the development impact fee schedule set forth in Section l(c) of Ordinance No. 2251 is amended to read as follows: Ordinance No. 2431 Page 3 Development Type Transportation Fee Single Family $3060/Dwelling Unit Detached Dwelling Single Family $2448/Dwe]]ing Unit Attached Dwelling Mu] ti-Fami]y $]836/Dwe]]ing Unit Dwelling Commercial $122,400/Gross Acre Industrial $61,200/Gross Acre Religious Institutional $11,400/Gross Acre The City Council shall at least annually review the amount of the fee. The City Council may adjust the amount of the fee as necessary to reflect changes in the Engineering-News Record Construction Index, the type, size, location or cost of the Transportation Facilities to be financed by the fee, changes in land use designations in the City's General Plan, and upon other sound engineering, financing and pl arming information. Adjustments to the above fees may be made by resolution amending the Master Fee Schedule. SECTION 2. That the definition of "Financial and Engineering studies" as set forth in Section 2f of Ordinance No. 2251 is amended to read as follows: "Financial and engineering 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 Willdan Associates dated November 19, 1990, which are on'file in the office of the City Clerk". SECTION 3. That the list of facilities and programs 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: Ordinance No. 2431 Page 4 1. State Route 125 from San Miguel Road to Telegraph Canyon Road. 2. State Route 125 from Telegraph Canyon Road to Orange Avenue. 3. Telegraph Canyon Road from Paseo del Rey to east of Paseo Ladera/north side. 3a. Telegraph Canyon Road at 1-805 interchange/Phase II. 4. Telegraph Canyon Road - Phase I Rutgers Avenue to EastLake Boundary. 5. Telegraph Canyon Road - Phase II Paseo Ladera to Apache Drive. 6. Telegraph Canyon Road - Phase III Apache Drive to Rutgers Avenue. 7. East "H" Street - I -805 Interchange Modifications. 8. East "H" Street from EastLake Drive to SR-125. 9.* Otay Lakes Road from Camino del Cerro Grande to Ridgeback Road. lO. Otay Lakes Road from Telegraph Canyon Road to the southern fee area boundary. ll. Bonita Road from Otay Lakes Road to Central Avenue. 12. Bonita Road from Central Avenue to San Miguel Road. 13. San Miguel Road from Bonita Road to SR-t25. 14. East "H" Street from State Route 125 to San Miguel Road. 15. East "H" Street from San Miguel Road to Hunte Parkway. 16. Orange Avenue from Oleander Avenue to eastern DIF boundary. 17. Palomar Street from Oleander Avenue to eastern DIF boundary. Ordinance No. 2431 Page 5 18. Telegraph Canyon Road from eastern boundary of EastLake to Hunte Parkway. lg. EastLake Parkway from Telegraph Canyon Road to southern DIF boundary. 20. Hunte Parkway from East "H" Street to Telegraph Canyon Road. 21. Hunte Parkway from Telegraph Canyon Road to Orange Avenue. 22. Orange Avenue from EastLake Parkway to Hunte Parkway. 23. Paseo Ranchero Road from Telegraph Canyon Road to southern DIF boundary. A. ENR Index Adjustment B. DIF program Support *Project has been completed. SECTION 4. Effective Date. This Ordinance shall become effective 60 days after its adoption. Presented by Ap d aito rm b~~ Ordinance No. 2431 ' Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this llth day of December, 1990, by the fQllowing vote: AYES: Councilmembers: McCandliss, Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None GaXle L. McCandl~ss, MayOr ATTEST: Severl~YAu~he]et, City C~rk 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. 2431 had its first reading on December 4, 1990, and its second reading and adoption at a regular meeting of said City Council held on the llth day of December, 1990. Executed this llth day of December, 1990. S~ly A~/Au~let, City Clerk