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HomeMy WebLinkAboutOrd 1994-2580 ORDINANCE NO. 2580 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 1 (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 City staff, is entitled "Eastern Area Development Impact Fees for Streets 1993 Revision" dated July 13, 1993; 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 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 July 27, 1993, 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, Ordinance No. 2580 Page 2 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 levied by this Ordinance does not exceed the estimated cost of providing the transportation facilities; and, WHEREAS, the City Council determines that it is appropriate to resolve the fees for commercial land uses to reflect the fact that many of the trips associated with the commercial land uses are in fact, trips associated with other land uses that incorporate an intermediate stop at a commercial land use (passerby trips); and, WHEREAS, it is necessary to ensure the timely payment of the "DIF program support" cost item, included in Table 2 "Capital Improvement projects - cost estimate summary" of the financial and engineering study to adequately fund ongoing and future administration activities and studies; and, WHEREAS, the City Council recognizes that reduction of trips from commercial land uses may place an inordinate burden on commercial land uses where public facility assessments have been placed on the affected properties in anticipation of payment of transportation fees, and as a result of said adjustment, the proposed fees are now lower than the value of the assessments. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: That the development impact fee schedule set forth in Section 1 (c) of Ordinance No. 2251 shall be, amended on January 1, 1995, to read as follows: Ordinance No. 2580 Page 3 Development Type T~portafion Fee Single Family Detached Dwelling $3,998/Dwelling Unit Single Family Attached Dwelling $3,198/Dwelling Unit Multi-Family Dwelling $2,399/Dwelling Unit Commercial $99,gS0/Gross Acre Industrial $79,960/Gross Acre Religious Institutional $15,992/Gross Acre Golf Course $3,198/Gross Acre Medical Center $2Sg,870/Gross Acre Olympic Training Center (OTC) $13,313/Gross Acre Adjacent to OTC $139,930/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 planning information. Adjustments to the above fees may be made by resolution amending the Master Fee Schedule. SECTION 2: That the definition "Eastern Territories" as set forth in Section 2e of Ordinance 2251 is amended to read as follows: "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 map entitled "Developable Land Area (Map 1 )" of the financial and engineering study. The property known as Bonita Gateway located at the northeast quadrant of Bonita Road and 1-805 intersection is also included. SECTION 3: 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 Ordinance No. 2580 Page 4 dated November 1987, the "Eastern Area Development Fees for Streets" study prepared by Willdan Associates dated November 19, 1990, and the "Eastern Development Impact Fees for Streets - 1993 Revision" study prepared by City staff dated July 13, 1993, which are on file in the Office of the City Clerk". SECTION 4: That the list of facilities and programs set forth in Section 3(a) of the Ordinance No. 2251 is amended to read as follows: The transportation facilities and programs to be financed by the fee established by this Ordinance are: 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 Canon Road - Phase III Apache Drive to Rutgets Avenue. 7. East H Street - 1-805 interchange modifications. 8. * * East H Street from EastLake Drive to SR-125. 9.** Otay Lakes Road from Camino del Cerro Grande to Ridgeback Road. 10. Otay Lakes Road from Telegraph Canyon Road to East Orange Avenue. 11. Bonita Road from Otay Lakes Road to Central Avenue. 12. Bonita Road from Central Avenue to San Miguel Road. Ordinance No, 2580 Page 5 13. San Miguel Road from Bonita Road to SR-125 14. * * East H Street from State Route 125 to San Miguel Road. 15. Proctor Valley Road (East H Street) from San Miguel Road to Hunte Parkway. 16, Orange Avenue from Oleander Avenue to Sunbow Eastern Boundary. 17. Palomar Street from Oleander Avenue to Sunbow Eastern Boundary. 18.** Telegraph Canyon Road from eastern boundary of EastLake to Hunte Parkway. 19.** EastLake Parkway from Telegraph Canyon Road to EastLake High School southern boundary. 20. Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road. 21.** Hunte Parkway from Telegraph Canyon Road to Club House Drive. 21a. Hunte Parkway from Club House Drive to East Orange Avenue. 22. Orange Avenue from EastLake Parkway to Hunte Parkway. 23. Paseo Ranchero Road to Telegraph Canyon Road to East Orange Avenue. 24. East Orange Avenue from eastern Sunbow Boundary to EastLake Parkway. 25. East Orange Avenue - 1-805 Interchange Modifications. 26. East Palomar Street from eastern Sunbow Boundary to Paseo Ranohero. 27. East Palomar Street at 1-805 Interchange. 28. Telegraph Canyon Road from Hunte Parkway to Wueste Road, Ordinance No. 2580 Page 6 29. East Orange Avenue from Hunte Parkway to Olympic Training Center. 30. Telegraph Canyon Road from SR-125 to EastLake Parkway. 31. EastLake Parkway from Fenton Street to Telegraph Canyon Road. 32. East "H" Street from 1-805 to Hidden Vista Drive 33. Bonita Road at Otay Lakes Road Intersection, 34, Otay Lakes Road at Elmhurst Drive Intersection. 35. East "H" Street at Otay Lakes Road Intersection. 36. Traffic Signal Interconnection - Eastern Territories. 37. EastLake Parkway from EastLake High School Southern Boundary to East Orange Avenue. 38. East "H" Street from Paseo Del Rey to Tierra del Rey. 39. Bonita Road from 1-805 to Plaza Bonita Road. *Project is now included in the interim pre-SR125 transportation facility fee. * *Project has been completed, SECTION 5: PAYMENT OF "DIF PROGRAM SUPPORT"' The "DIF Program Support" shall with no exceptions be paid in cash concurrently with the development impact fee at a rate equal to 5% of the total applicable fee. SECTION 6: This section shall become effective concurrent with the date the City Council determines the interim Pre-SR125 fee to be effective per Ordinance No. 2579. Commercial land uses with street improvement assessments placed on the property shall be eligible for a refund of the amount that the current Transportation Development Fee exceeds the initial value of the assessment placed on the property. Said refund shall be in one of the following forms: Ordinance No. 2580 Page 7 1. Credit against payment of interim Pre-SR125 DIF fees. 2. Reduction in the value of lien against the property and assessments associated with such lien. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective 60 days after its adoption. Presented by ~ t~/2~orm b ~ Joh~nP. LiFppitt~y//~ Bruce M. Boogaard Director of Public Works City Attorney Ordinance No. 2580 Page 8 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, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: ~v~ 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. 2580 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 A./Authelet, City Clerk