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HomeMy WebLinkAboutOrd 1993-2579 ORDINANCE NO. 2579 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, ESTABLISHING AN INTERIM PRE-SR125 DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES 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 (SR) 125 by CALTRANS or others will adversely impact the City's ability to accommodate said increased traffic; and, WHEREAS, the City Council has determined that new development within the Eastern Territories will create adverse impacts on the City's transportation system which must be mitigated by the financing and construction of certain transportation facilities identified in this Ordinance; and, WHEREAS, the City Council has determined that a reasonable means of financing the transportation facilities is to levy a fee on all development in the Eastern Territories of the City; and, WHEREAS, the fee has been justified by the financial and engineering study entitled "Interim State Route 125 Facility Feasibility Study" dated May 1993, and prepared by Howard Needles Tammen & Bergendoff. 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 study and the City's General Plan establish that the transportation facilities necessitated by development in the Eastern Territories comprises an integrated network; and, WHEREAS, developers of land within the Eastern Territories 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 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 fee to finance the development~s portion of the total cost of the transportation network; and, WHEREAS, all development within the Eastern Territories contribute to the cumulative burden on the transportation network in direct relationship to the amount of traffic originated by or destined for the development; and, Ordinance No. 2579 Page 2 WHEREAS, the amount of traffic generated has been determined based upon average daily trips for various land areas based upon studies conducted by SANDAG (commercial trips being modified to eliminate passerby trips) and verified by the financial and engineering study prepared for the purposes of this fee; and, WHEREAS, the SANDAG traffic generation determinations have been used by numerous public agencies in San Diego County for various purposes, including the preparation of General Plan Circulation Elements, the justification of traffic impact fees, and transportation planning, and have been determined to be a reliable and accepted means of allocating the burden on a transportation network to development to be serviced by the network; and, WHEREAS, on July 27, 1993, the City Council held a duly noticed meeting at which oral or written presentations could be made; and, WHEREAS, the City Council determined based upon the evidence presented at the meeting, the City's General Plan and the various reports and other information received by the City Council in the course of its business that imposition of the Interim pre-SR-125 impact fee on all development in the Eastern Territories for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and in order to ensure effective implementation of the City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee 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 1: Establishment of Fee. (a) An interim pre-SR-125 development impact fee in the amounts set forth in subsection (d) is hereby established to pay for transportation improvements and facilities within the Eastern Territories of the City. The fee shall be paid before the issuance of building permits for each development project within the Eastern Territories of the City. The fees shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the fund for the various improvements and facilities identified in this ordinance and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. The City Council finds that collection of the fees established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for those facilities and to ensure certainty in the capital facilities budgeting for - the Eastern Territories. Ordinance No. 2579 Page 3 (b) Said fee shall be in effect commencing January 1, 1995. (c) The fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. (d) The fee for each development shall be calculated at the time of building permit application based upon the following schedule: Development Type Transportation Fee Single Family Detached Dwelling $820/Dwelling Unit Single Family Attached Dwelling $656/Dwelling Unit Multi-Family Dwelling $492/Dwelling Unit Commercial $20,500/Gross Acre Industrial $16,400/Gross Acre The City Council shall 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 planning information. Adjustments to the above fee may be made by resolution amending the Master Fee Schedule. (e) The fees collected shall be used by the City for the following purposes as determined by the City Council: 1. To pay for the construction of facilities by the City, or to reimburse the City for facilities installed by the City with funds from other sources. 2. To reimburse developers who have been required by Section 4(a) of this ordinance to install improvements that are street facilities and are listed in Section 3. 3. To reimburse developers who have been permitted to install improvements pursuant to Section 4(b) of this ordinance. 4. To administer and update the fee program including retaining consultants to perform engineering of financing studies. Ordinance No. 2579 Page 4 SECTION 2: Definitions. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Buildin9 Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 65927 and 65928 of the State Government Code. (e) "Eastern Territories" means that area of the City located between Interstate 805 on the west, the City sphere of influence boundary on the east, Bonita Road on the north, and the alignment of the proposed extension of East Orange Avenue _ on the south, as shown on the Chula Vista General Plan. The property known as Bonita Gateway located at the northeast quadrant of Bonita Road and 1-805 intersection is also included. For the purposes of this fee, Eastern Territories shall be further restricted to exclude the following projects: Eastlake Trails Eastlake Vistas Eastlake Woods Eastlake Business Park II Bonita Meadows Phases of Salt Creek Ranch exceeding 1043 Equivalent Dwelling Units Phases of San Mi9uel Ranch exceedin9 1350 Equivalent Dwelling Units (f) "Financial and engineering study": means the "Interim State Route 125 Facility Feasibility Study" dated May, 1993, and on file in the Office of the City Clerk. SECTION 3: Transportation Facilities to be Financed by the Fee. (a) The transportation facilities to be financed by the fee established by this ordinance are: Ordinance No. 2579 Page 5 Segment Sweetwater Road (Bonita Road to SR-125) 1 Segment Bonita Road (Sweetwater Road To San Miguel Road) 2 Segment San Miguel Road (Bonita Road to Proctor Valley Road) 3 Segment Proctor Valley Road (San Miguel Road to SR-125 corridor) 4 Segment SR-125 Corridor (The SR-125 corridor is the right-of-way reserved through 5 Eastlake and Salt Creek I} {b) The City Council may modify or amend the list of projects in order to maintain compliance with the Circulation Element of the City's General Plan. SECTION 4: Developer Construction of Transportation Facilities. (a) Whenever a developer of a development project would be required by application of City law or policy, as a condition of approval of a development permit to construct or finance the construction of a portion of a transportation facility identified in Section 3 of this ordinance, the City Council may impose an additional requirement that the development install the improvements with supplemental size, length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed, the City Council shall, in its discretion, enter into a reimbursement agreement with the developer, or give a credit against the fee otherwise levied by this ordinance on the development project. (b) A developer may request authorization from the City Council to construct one or more of the facilities listed in Section 3. The request shall be made in writing to the City Council and shall contain the following informational conditions: 1. Detailed description of the project with a preliminary cost estimate. 2. Requirements of developer: preparation of plans and specifications for approval by the City; secure and dedicate any right-of-way required for the project; secure all required permits, environmental Ordinance No. 2579 Page 6 clearances necessary for construction of the project; provision of performance bonds; payment of all City fees and costs. 3. The City will not be responsible for any of the costs of constructing the project. The developer shall advance all necessary funds to construct the project. SECTION 5: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to f m by Ordinance No. 2579 Page 7 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of January, 1994, by the following vote: AYES: Councilmembers: Fox, Hotton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: · Authelet, City Clerk 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. 2579 had its first reading on December 7, 1993, and its second reading and adoption at a regular meeting of said City Council held on the 4th day of January, 1994· Executed this 4th day of January, 1994. Beverly W. Authelet, City Clerk