HomeMy WebLinkAboutOrd 2013-3282 ORDII�'ANCE NO. 3282
ORDIi�'ANCE OF THE CITI' OF CHULA VIS7�A AMENDII�'G
CHliLA VISTA n4LJNICIPAL CODE SECTIOI�' 12.24.li0
RELATII�'G TO THE 17�'STALLATION OF PUBLIC
IMPROVEMENTS — DEFERRAL OF REQUIREMENTS
�'�'HEREAS. Council last re��ised Chapter 12?4 of the �4unicipal Code on Februan� 14,
2012. throu�h the second readin� of Ordinance \o. 3223: and
�'��HEREAS. on \o��ember �. 20li. Council is considerins a resolution to re��ise Council
Policv No. �0�-01: Formation of.Assessment Districts ���ith Cih• Panicipation for Construction
of Infill Street Impro��ements. This re��ision is necessary due to chan�es in a��ailable financinv.
The administration of deferrals is an important consideration in the formation of assessment
districts: and
���HERE�S. certain minor chanoes need to be made to the deferral process in order to
impro�=e the assessment district implementation and administration process. A minor chan�e
needs to be made to D9unicipal Code Section 12?4.130 in order to maintain consistencv �rith
Council Polic��No. �0�-01.
N0�'�'. THEREFORE. the Cit�� Council of the Cin� of Chula Vista does hereb�� ordain as
follo���s:
SECTION I. CHULA VISTA MiJNICIPAL CODE
That Chula Vista n-tunicipal Code Section 12.2�}.li0 shall be amended to read as follo�i�s:
12.24.130 [nstallation of public improvements — Deferral of requirements.
A. [n the event that the installation of all or any of the improvements required by CVMC
12.24.040 would, if presendy installed, create a hazardous or defective condition or be
impractical. or if said installation of am� or all of said improvements �vould be incompatible N�ith
the present de��elopment of the neighborhood or be impractica] or premature because of the
existine condition of the surrounding property, or that it would be desirabie to install said
improvements as a part of the overall plan for the de��elopment of public improvements in a
certain area, the propert}� o���ner or his aeent mav apply to the Cit}� Engineer for a deferral of the
requirements of this chapter; stating the grounds and reasons therefor.
B. If the City Engineer, at his discretion, feels that such grounds or exceptions are reasonable and
that the requested deferral should be granted, the Cit�� Eneineer ma}� defer imposition of the
requirements of this chapter on such applicant, subject to the conditions set forth herein.
Ordinance No. 3282
Paee 2
1. The applicant shall eaecute a deferral agreement through ���hich the applicant
ackno�i�ledges his obliQation to install the improvements at such time as requested by the
City Engineer and agrees not to protest the formation of an assessment district or similar
mechanism intended to finance the improvements.
2. The applicant for a deferral of such improvements shall pay a fee as presently
designated, or as may be in the future amended, in the master fee schedule to cover
investigation and processing of such requests.
3. The applicant o��mer shall provide the City with security equal to the estimated cost of
the improvements, as approved by the City Engineer, plus ]0 percent of such cost. The
security shall be in the form of a cash deposit, a lien on the subject parcel, or other form
individuall}� approved by the City..
a. A lien shall also provide for reasonable attorney fees and costs in the event that it
becomes necessary for the City to roreclose upon such lien.
b. The defettal agreement required in subsection (B)(1) of this section shall stipulate
that should said lien be extineuished by foreclosure of prior liens or othenvise, the
improvements may be installed or provided by the City and the cost thereof becomes a
lien against said property.
c. The denial of a request for a deferral of public improvements may be appealed to
the City Council in the same manner as provided for appeal of requests for waiver of
public improvements, as set forth in CVMC 12.24.110. (Ord. 3223 § l, 2012).
SECTION [1. EFECTIVE DATE
This Ordinance shall tal:e effect and be in full force on the thiRieth day from and after its final
adoption.
SECTION Ill. PUBLICATION
The City Clerk shall certif}� to the passage and adoption of this Ordinance and shall cause the
same to be published or posted acording to law.
Presented by Approved as to form by
.
Richard A. H �i len R. Googins �
Director of Public Works Ci ey
,_
Ordinance No. 3282
Pa�e 3
PASSED. APPROVED. and ADOPTED b�� the Cin� Council of the Citv of Chula Vista
California� this 19th da� of I�'ovember 2013. bv the follo���ins vote:
AYES: Councilmembers: Aeuilaz. Ramirez. Salas and Cos
NAI'S: Councilmembers: None
ABSEI�'T: Councilmembers: Bensoussan
Chen�l Cox. Mavor
AT7�EST:
Donna R. Norr s. A4C. Citv Clerk
STATE OF CALIFORI�TIA )
COUIVTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. I�'orris. Cit�� Clerk of Chula Vista. Califomia. do hereb�� certifi� that the foreaoina
Ordinance No. 3282 had its firs[ readine at a reeular meetine held on the �th dav of November
20li and its second reading and adoption at a reQular meetine of said City Council held on the
19th da}� of No��ember 2013; and �vas duly published in summan� form in accordance ���ith the
requirements of state la�e and the Cin� Charter.
� �I�1� � �/�U/�ft.�—e
�Dated Donna R. I�'orris. CMC. Cih� Clerk