HomeMy WebLinkAboutOrd 1973-1455 , . .
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ORDINANCE N0.1455
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
ARTICLE 2 OF CHAPTER 29 OF TAE CHULA VISTA CITY
CODE BY AMEidDING EXISTING SECTIONS 29 .201 THROUGH
29 .228, ALL RELATIIJG TO LAND GRADING, EXCAVATIOr75
AND FILLS
The City Council of the City of Chula Vista does ordain
as follows :
SECTION I : That Article 2 of Chapter 29 of the Chula
Vista City Code be, and the same is hereby amended, to be and to
read as follows :
ARTICLE 2 . ' GRADING, EXCAVATIONS AND FILLS; LAND
DEVELOPMENT ON PRIVATE PROPERTY. -
Sec. 29 . 201. Purpose and Intent.
The purpose of this article is to establish minimum re-
quirements for grading, excavating and filling of land, to
provide for the issuance of permits and for the enforcement
of the requirements . These provisions are supplementary
and additional to the subdivision and zoning regulations
of this Code and shall be read and construed as an integral
part of said regulations and the land development patterns
and controls established thereby. It is the intent of the
City Council to protect life and property and promote the
general welfare; enhance and improve the physical environ-
ment. o£ the community; and preserve, subject to economic
feasibility, the natural scenic character of the City. In
administering these provisions , the following goals should
be respected:
1 . Ensuring that future development of lands , particu-
larly in the hilly areas of the City, occurs in the manner
most compatible with surrounding areas and so as to have
the least adverse affect upon other persons or lands , or
upon the general public.
2 . Ensuring that soil will not be stripped and removed
from lanns in the more scenic parts of the City, leaving
the same barren, unsightly, unproductive , and subject to
erosion and the hazards of subsidence and faulty drainage.
3 . Encouraging the planning, design and development
of building sites in such fashion as to provide the maxi-
mum in safety and human enjoyment, while adapting develop-
ment to and taking advantage of the best use of the natural
terrain.
4 . Encouraging and directing special attention toward
the retaining, insofar as practical, the natural planting
and a maximum number of existing trees.
Sec. 29 .202 . Definitions.
The following words and phrases , when used in this article,
shall be construed as defined in this section:
' . �• . . \� . .1i _ t . • � • ' _�^.�•�! • . • ...
� � . fI : . . � ���' . � .
.: r�) i � ..'�.� . ' . __ . � - . � -
� : ' . .. . . VS _ ' • - . . . . .- . ^ ..- . ` �
'.'Appurtenant Structures"- 'shall,.mean _man-made structures � _ "
' • . , related_:to and- necessi-tated. by._the� proposed grading-, and-- ' . � ' .
, 'shall' include `paved:;drainage ditches;' inlet: strucfures ; . '
- �: • .- .lined channels, -culverfs, outlet_ structures;>and retaining = . .
• walls`. -
� ' _-"Contractor" shall,mean a contractor _licensed. by the�- _ .
., � State of California`-t'o- do wosk �covered by; this article.._ A - .
, . � _ 'coritractor. may be 'authorized: to acf. for' a property, owner 'in.- ; . . .
_ . • . . .doing:'.such work: - _ ' . . ' _ : _- : �-_. , .
' `"Embankmerit" sha�ll:'mean a deposit',.of earth, :sand, ':." � c , -
� . � gravel, rock, '-or any_: other materia'1 cahich'.' is_ deposited;, � __. .. �
'. •t -' � ;placed,._ pushed,. dtimped,_'pulled, '. transporfed. or moyed' tb;a � -- :
' new location. by man.`. ' - .- . _.
- - - - =ti., -
� . ' � :"Excavation or Cut"• shall meari_any earth, .sand, gr.avel, `
" ' rock 'or any siinilar' material iahich:is 'cut' into, �;dug, quarried; • .
_ ' ;uncoyered, removed; 'displ'aced; _ relocated� or_ bulIdozed by' man,. . -
�_ --. - �-_ 'and �the conditions ;re`sulting therefrom. .:;: " -' _ - . -
' � � "Expansive soil",�shall'mean: any. �soil.which swellsimore .
� � than '.three . -3 :'percent when .prepared 'and tested_by a method . :
- � . _ approved by the �City Eng'irieer�., . : '. ' '
. . .• _ ` � ' , � � �- � .- _ '_ .. . :6=i�:�_;:'_`F:,.;=�.-'--�5'%�; t'`-- � - �
� . . . . .. _ , .
. , . _ . _ _ : � . . . . . . "
. ...�
• : - �_ "Fill" shall _mean 'ariy�.-act _by_man'=byr._which _ear-th;Fsand', • .
- - . gravel , rock -or. any other s3mi-lar material� is deposited, � -�
_ _ . placed, pushed, �pulled 'or transpor,ted, and shall include th'e : " - ' :
, . � conditions resulting therefrom: _ : �_=,'tv Y= ::: _.- �. �- �_-_ - -. . _ _ �
. . . . . . � � 'Y - :j�� i.�`� .
. . • . . .. .' . ' ' x'�' �f : ' '� ����. ��� . . �:: .r� ..
' " ` ' ' .".'' -: _ .: . : • : � � y a + - • • ' + -
. .- : . . . . . . . ;. . . ' ' ' _
..z. , .
• _ '."Grade" shall� mean..the' elevation�arid'c'ross-sect 'ions .`-, . . -� -
' estab— lished for-'the ..finished surface,. - ; All' grades shall be.. '
based upon .th"e official datuin: of the Ci£yt:of Chula Vista::- . . ,
. "Grading" � sHaTl .mean -any-:excaYating`orM1f-iy ling: or - - �_
- - r combination thereof...and � shall include, 'the; 1`and:.in' its:.'=_' . • • ,
- ' . excavated �or fiTled conditions:' _ - _ `� - - ` _ • '
- - - ` , "Land Development"�'shall: mean =the .making, of �excava- ''. - .. . .
: - tions and-enbanlstents on private property and _the construc- -
.' " . tion of.: slopes; .drainage structures, fences,;:. 'and other ' _ _ -
' . - '-. .facilities :i.nc,ic3ental-'thereto, cahere= it.�is_ necessary .to - . . .- -
' •' safeguard_ life,: _limb,"healtli, property, and _public welfaie _ • -
.:. . �by ,regulating. and. controlling ' the' de.sign'; construction. and . ' �
. :quality `of material�s. " ' ', . . -. _ ' . -� ' _
' ' � "�Landscape i•ianual•" shall mean _the ,current' ".City -of� � . . -
� _ - Chula Vista Landscape _t;ianual" _ approved .by �resolution of the � : .
- :. ' City Council of .the City of Chula- Vista. _ _,_ ° ' �
-- ' - . . ' - - . _ . ' ' - . , ;
. � - "Natural�• sTope." shall mean: the predominant slope: or.'. _ . -
' . slopes of land in its original conditions_ pribr �to' any ; _ _
. gradin5•" _ . - . _ _ ' : ' , . _ . .
- . . - - . - , , ... , . _ - .
. .� . - . - . . . . ' -
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- - . . _ . , .. '
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' . ' ' . = ' . . , . • . - t�_ . .. , . .
� ' . . �.' . ' _ - . . , � ' . ' '
"Natural terrain" shall nean the original contou�r .of . �_
a site prior to any grading. � � . _ .
. "Permittee" -shall ,mean any 'person to .whom a permit '
� is issued pursuant to this article. ' , � .
"Private . contract" - shall mean_ an agreement bet�•�een a ' �
property owner and" a qual'ified contractor to do land develop=
ment work. - '
"Private engineer" shall mean a civil -engineer regis-. _ - .
tered by the State of California. A .private engineer may
, be authorized to act for a property, owner in _doing -work ' �
covered by this . article: • _ � .•. . '
. "Property owner" shall mean the owner, subdivider or
developer of real property which will �be benefitted by the - �
proposed land development work and who makes application. .
- to do such work. ' . - . . .
"PUblic improvement"- shall mean .publicly owned con-
struction, structures or 'facilities in the public .right of . ' - '
way des,igned for the public use , safety �or general .caelfare:
' � "Public rights of way" shall �mean public easements or '
dedications for streets, alleys and/or other use. _ :
"Public property" shall mean property owned in fee by' . �
' � tlie City, or. dedicated for public use. ' . . . - ' ,
"Slope" shall, mean .the .inclined exposed surface bf a ' � �-
� fill, _excavation or natural terrain. �
. . "Soil erigineer" shall mean- a registered civil .eng'ineer '
_ ' who submits .evidence to' the satisfaction of the City Erigineer .
that: ' . . • .
1. He is engaged..in the practice -of civil' engineer- - _
ing and spends a majority of his time in the field
� of applied soil mechanics and foundations engineering'.
� . . 2 . . He has. at least four years of �responsible practical
' ' .experience in the field of applied soil �mechanics.
_ . 3 . ' He maintairis an' adequately,equipped soils_�testing ' "
_ laboratory. ' -' ; . _-_ -'___ . , ,. i j:t _ .
� 4 . . He is qual'ified to make � the� investigations and .
� deterriinations, render the reports and opinions arid .
' .perform tfie .duties of' a soil engineer, as:,required� by
this article. '. ' . - . . : .- . . . *." •.- .
� . e __ . ". .
;�`� . _ . -- . . � _� _ .
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. . , . . : � � ' . . . .
_ .:- . . , . � . 1 � ����`1' . _
• All pe'rsons meeting the qualificatibris 'set forth '-above ' .
. or submitting written'certification of., recognition as a' '
- soil engineer by the County � BOard of Review under the 'pro- -
� : visions of� Ordinance 2925 by the Board of Supervisors, of ' � _
- . . San. Diego County shall be recognized by the City Engineer -' . �_
as. qualified to perform soil engineering under the :pro- � _ � .
-- �disions of this article: � " ' � ._ .
' . "Subdivider" shall mean a� person, firm, corporation, . ' _, '
partners— hip r association who causes land. to be divided : ., _ _
� into one or "more subdivisions for himself . or others . as � '
defined by those sections' of the Government 'Code known 'as:: . , _ ,
- • - the "Subdivision P4ap Act" . � - . � . � - - '
� : "Uncontrolled embankmen,t" .snall mean- any _embankment ''. . ' = -
. constructed as land deyelopment ori •which no soil test.ing, - � '
- was�performed or no compact"ion reports or ottier soils � .
'reports were prepared or submitted. �- - . ' ' - '_
' �Sec : 29.203 .-=; � General Requirements for' Land=Development; . � .
� - ' Permit .Required. , - . -
- No person, •either as property owner; contractor, private _
: engineer;,-or otherwise , shall do or sha13 cause. to be done
- - any: land, development.work without_ first having bbtained a- � ,
: '" permit. to do such work. ' _ _ . '
� All� work done in land development shall be done •in accor-'- ` �
' . dance with-the_ conditions of the -required permit , and shall
. conform to the• approved .plans", standard drawings',. specifica- - '�
tions, landscape manual, 'and general conditions as may be � � -
: determined by the City Engineer to be� applicable to the � .
'work. ' . - , • � .. .
This � article shall not affect the requirements .of any � ' � "
other article of. the City Code requiring permits, fees , or
other�charges�, including those for secver: and. services , or
affect any provisions concerning the grant"ing of franchises. �
- The. following provisions of this section shall apply un- , �
less� provision is otherwise made by.an agreement pursuant ' ' '
'to . Section 29 . 206 of �this • article. . _ . ..
� 1. In -the event the City is .required .to place , replace -
. or maintain�.a City-ocaned facility within a public right of
way over iahich the property owner has done larid development �
work, the property owner shall pay the 'City that portion of ` .
• the cost of- placement , replacement or:maintenance- caused by ' .
the construction, 'or existence of the.owrier' s:- land develop- .
. ment work: � : - . ' -
- - � - . - . . - � . � . � . , : _�r ;�-.' . . ...
. _ . . . -_ ' . . . f'-- �.- ��{ . .- � ' � - �. — � . � � �.. . .
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`as� . - � : _ � . , .. '- . - _. - � - � : - - "- :. .
- � . .. " - ' . ' �. . ' ' ` #. , "'+',,p
2 . The property owner shall pay .the. City for all the .
cost of placing;_ replacing. or maintaining a. City-owned _
facility within a' public right of way e�hen' the City' s fa- .
� cil 'ity -has faileci as a �result of the construction or exis-
' tence of the owner ' s land development work.
' 3. The 'costs of placing, replacing or maintaining the
� City-o���ned facility shal'1 include the cost of obtaining a
necessary._alternate easer.ient. � .
All grading and land developinerit work-shall be _executed
in accordance with the provisions of,.`this� article and_.the
terns •of'. tiie permit issued by the .City Engineer. Work shall, ' •
. commence within thirty. (30) days, from the date of issue of .
the permit and shall be carried out' diligently- until com- �
�'pleted. ' Unless. otherwise specified�'upon •the. permib,� aTl ; , _
. work -shall be cbmpleted within 180 calendar 'days 'from� the • ' �
date of issuance of the permit. , The .City Engineer may grant
� one extension of .time`. for the completion of `_the work. Such
extension .shall not exceed the original Length �of time desig- ,
nated on the .permit._ • -- - �' �
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Sec: 29 . 204 . Special Requirements for Land:.Dev,elopment. � � �
1. - ,All .slopes to be constructed 'iri connection with land
. development shall be designed for proper stability after
� carefully considering such geological factors and soil pro-
perties whicti may affect that stability: ' The design .bf all
slopes whicH have a gradient steeper than two� (2) horizontal -
to one. (1) vertical in fill or one and one-half (1-1/2) hori=
zontal to one (1) vertical in cut shall be substantiated with
a report by a Soil Engineer, ' certifying that he has inves- .
.tiga£ed the property and that in his opinion the proposed .
, steeper slope c•�ill not endanger any public �or private pro-
perty.'
2 . '. linless otherwise- specified .on the permit, all embank-
ment. for. land. development stiall be compacted in conformance
with .the provisions of_ the Standard Specifications. The .
perriit may revuire that a Soil Engineer be responsible for �
� the inspection_ and _testing of the eribankment� work and in-
_ spection of excavations. The Soil Engineer, if such engi-
neer is required' by the permit,. shall file, with the City _
Engineer,_ upon completion of the work, a report certifying '
. , , that inspections and tests caere made �during the grading, and . �
� . ttiat in' his opinion all. embankments and excavations are in
� accordance witli' the provisions of this .article and the pernit . .
and are acceptabTe for their intended use. , .
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Where , in the opinion of tlie City Engineer, the construc-
tion of an uncontrolled embankment would not be contrary to
the public interest or welfare, a permit for such land devel-
opment may be issued. Plans for uncontrolled embankment
shall be complete in all respects eticept for soil analysis
and compaction reauirements. Uncontrolled embankment fill
slopes shall not be steeper than three (3) horizontal to
one (1) vertical. Uncontrolled embankment shall be situated
and/or graded in such manner as to -prevent erosion of the
er,ibanked material. No ponding of water shall be permitted.
A notice of uncontrolled embankment snall be recorded in tne
o£fice of the County Recorder, San Diego County, by tYie City
Engineer. The recordation shall be made immediately upon
the conunencement of anv work under the terms of the permit.
3 . If , during the grading operation, expansive soil is
found within two (2) feet in cut or three (3) feet in fill
of the finished lot grade of any area intended or designed
as the location for a building, the permittee shall cause
such expansive soil to be removed from such building area
to a minimum depth of two (2) feet in cut or three (3) feet
in fill and replaced t��ith nonexpansive soil properly com-
pacted; provided, hocaever, the City Engineer may, upon
receipt of a report by a Soil Engineer certifyinq that he
has investigated the property and recommending a design
of footings or floor slab or other pr.ocedure that in his
opinion will alleviate any problem created b� such expan-
sive soil , waive the requirement that such expansive soil
be removed and replaced with .nonexpansive soil.
4 . All cut and fill slopes shall be planted. All
' slopes six (6) feet or more in height shall in addition
be irrigated in accordance witti ttie City of Chula Vista
landscape manual . All landscaping and irrigat'ion systems
shall be installed within thir.ty (30) days of the completion
of grading coork, or for lots where building permits have
been issued, within thirty (30) days of final inspection
of the building. Reauests for variance in this procedure
shall be made in writing to the City Engineer. ?�ith each
variance request, the permitee shall pay a special inves-
� tigation fee.
5. When the installation of landscaping and irrigation
facilities is completed, ttie permittee sha11 request appro-
val of the installation. Comr�encing coith the approval , the
permittee shall guarantee the installation for a period of
one (1) year. During the first ninety (90) days of such
guarantee, the permittee shall actively maintain the land-
scaping.
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6 . The top of all slopes and the toes of slopes in full
public view sha11 be rounded in accordance with the followir.g
table:
(Radius is shown in feet from tangents to the theoretical
hinge point)
Minimum Radius
lotal Height of Slope Steeper than 2 : 1 2 : 1 to 3: 1 Flatter than 3 : 1
Less than 10 ' S 3 -
11' -15 ' 8 5 . 3
16 '-25 ' 10 8 - 5
26 '-35 ' 15 10 8
36 '-45 ' 25 20 12
46 '+ 30 25 15
7 . All slopes sliall be blended into existing terrain to
produce a natural appearing transition from the face of man made
slopes into natural groun�. This, blending shall be accomplished by
utilization of 100 foot mininum radius horizontal contour curves. '
A lesser radius may be considered by the Director of Public P7orks
• if a hardship is created. Var-iable �slope ratios shall be used to
create esthetically pleasing slopes .' ' �,
8 . When the faces of two slopes intersect each other at less
than a 140 degree angle; or greater� than`a 220 degree angle, the hori-
zontal contours of each slope shall be tied together usir.g a radius
from the following table:
Angle Total Height of Slope
41 + 30-40 21-30 ' 11-20 0 '
0°-30° or 330°-360° 5 ' S ' S ' -
31°-60° or 300°-329° 20 ' 10 ' 10 ' 5 ' - .
61°-90° or 270°-299° 25 ' 20 ' 15 ' 10 ' 5 '
91°-120° or 240°-269° 30 ' 25 ' 20 ' 15 ' 10 '
121°-140° or 220°-239° 35 ' 30 ' 25 ' 20 ' 15 '
Sec. 29 .205. Standards for Land Development.
Except as herein provided, all work in connection with land
development shall be done in accordance cvith the current standard
drawinas and specifications, landscape manual ar.d general con-
ditions of the City of Chula Vista. Such documents are on file
in the office of the City Clerk and shall be kept for public
distribution in accordance caith fee schedules in the office
of the City Engir.eer. In connection with land development
work, deviations from the requirements of these standards
will be permitted based upon written reports and recor.uaenda-
tions by qualified and recoanized authorities subject to
review by the City Engineer.
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Sec. 29 .206. Land Developnent Prior to Subdivision
of property. . '
A subdivider of land required to '•do land development
work as the result or condition of bhe approval of the
tentative map shall perform such work under one of the
following procedures: .
A. Subdivision Grading Under Standard Land DeveZop-
ment Permit. Should the subdivider desire to do certain
land development work prior to entering into contract with
the City of Chula Vista .to install and complete all sub-
division and land .development work, he may make application
to do so under a standard land development permit. This
application shall be accompanied by detailed plans and-
specifications based upon the approved tentative map and
in conformity with the provisions of Sections 29 .204 and �
29 .205 of this article. A schedule and estimate based
upon such plans and specifications shall accompany the
application. ,
B. Subdivision Grading Under Contract for Completion
of Improvements. Should the subdivider desire to do certain .
land development work in conjunction and concurrently with
installation and construction of required public improvements
he may enter into a contract with the City of Chula Vista to
make, install and complete all improvements and land develop-
ments in accordance with approved plans and specifications.
. Prior to any construction of improvements and/or land devel-
opment, the subdivider shall Have complied with' and performed
the following requirements: .
1. Subdivider shall file with the� City Clerk
detailed plans and specifications (or- statement �
that worY, will be accomplished in accordance
. with standards arid specifications of the City)
approved by the City- Engineer for all public
improvenents. and land-�development together with
a'.detailed cost estimate approved by. the City
Engineer and- an es£imafe of fime';reasonably-
necessary to complete the same. - �
2 . Subdivicler��sha11 �ent'er into a contract
with the. City of Chula Vista to make, install and com-
' plete .within the time fixed by the City Engineer
but in no case tnore than two (2) years from the
date of execution of said contract, all' improve-
ments and land development in accordance iaith the
approved plans and shall cause to be £iled with
the City Clerk a faithful performance bond payable
to the City of Chula Vista which shall insure the
performance of the said contract and the completion
of the said improvements and land' development. 'The
subdivider shall additionally .file with the City .
Clerk a labor and material bond to inure to the
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benefit of those .persons entitled to the protection
of Part III, Title IV, Chapter II of the Code of �
Civil Procedu"re. A cash deposit or letter of
credit may be submitted in lieu of bonds herein-
before described. Bonds and other forrts of guarantee
shall be in full conformity with the requirements
for subdivision guarantees as set forth in the
Subdivision Ordinance.
3 . The bond or other guarantee shall be based on
the City Engineer' s estimate of the cost of the
work and in accordance with the following schedule :
Faithful Performance Bond: ' ..
'. Public Improvements. . . . . . . . . . . 1100 of . cost estimate
. Land Development. . . . . . . . :. . . . . 100a' of cost estimate
Labor and Material Bond:
' Public Improvements. . . . . . . . . . . . 55s of cost estimate
Land Development. . . . . . . . . . . . . . . 55� of cost estimate
Sec. 29.207. Land Devel6pment Work Incidental to a
Building or Structure.
An ooJner, of land desiring to do .land development work
incidental to and in connection with the construction of
a building or structure shall present an application and
obtain a land development permit prior .to_ the obtaining of
'a building pernit. The City may suspend any building per-
. mit where it is found fhat' land development is being done
or has been .done without a land developmenc. permit until
a land development permit is issued. The City may not ' '
certify to the completion of a building where land develop- �
ment work has been done until a land development permit is
obtained and certified as compl'ete.
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Sec. 29 .208. Land Development Affecting Public � '
' Improvements.` � . .
1 . Wtiere', in the `course of %development of private
property, adjacent public inprovements , are damaged, re-
moved, disconnected; or dislocated;: the property owner .
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shall , at no cost to the City, repair or replace such
public improvements to the satisfaction of the City
Engineer.
2 . jdhere , in the course of development of private
property, a driveway is abandoned and is no longer suited
for vehicular use, the property owner shall remove the
' depressed -curb section and apron and restore the right of
way to the standards normally required.
3. The City Engineer shall notify the property owner
of such disuse or damage and the property owner shall
take corrective action within thirty (30) days of such
notice. The City may not certify to the completion of a
building or other permitted work where a notice has been
issued and corrective action has' not been taken.
Sec. 29 .209. Protection of Public Right of Way
During Land nevelopment.
1. During the construction of land development, the
contractor and owner shall take all necessary measures
- to protect adjacent property and public right of way from
damage which may result from the work and to provide the
necessary fences , and barricades to eliminate any hazard
to the public in its normal use of such property or right ' �
of way. In addition to the requirements of the Standard
Specifications, fences shall be provided adjacent to the
top of the excavation in accordance with the provisions
herein where the slope is one (1) foot horizontal to one
(1) foot vertical or steeper. Such fences or barricades
shall be substantially constructed and shall be properly
maintained as long as the hazard resulting from the exca-
vation exists.
Sec. 29 .210. Protective Fences.
1. Where a slope is created adjacent to a public right of
way or other publicly-used property, and the top of slope
is within ten (10) feet of the property line, a forty-eight
(48) inch high chain-link or equivalent fence shall be '
erected at the. top of slope.
2 . The City Engineer may modify or delete the above
requirements where it is evident that th'e land development
work will present no hazard to the adjacent property or
public right of way.
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Sec. 29.211. Nuisance Prevention.
The permittee shall take such steps as are reasonably
necessary to prevent. creation of a nuisance.
Sec.. 29 .212. Land Development Work not Subject to
Regulation.
Land development will be exempt from regulation under
this section of the City Code when it conforms to the
following description; provided, however, that whenever a
portion of a land development project fails to comply with
any one of the exemption provisions of this section, other
than subsection (4) herein, the entire project shall be
considered as non-exempt land development.
1. The depositing of materials in any disposal area
operated or licensed by the City.
2 . The making of excavation on any site or contiguous
sites held under one ownership, which produces and/or
results in:
(a) A cut slope having a maximum steepness of
three (3) horizontal to one (1) vertical;
(b) A cut having a maximum vertical depth of
three (3) feet at any point and a maximum average
depth of eighteen (18) inches;
'(c) No adverse affect upon an existing drainage
pattern; '
(d) A top of slope no closer than one (1) foot
• from an exterior boundary line; and
(e) The movement of less than 250 cubic yards of
material.
3. The making of embankment on any site or contiguous
sites held under one ownership, in which all of the follow-
ing are found to exist:
(a) None o£ the embankment exceeds three (3) feet
in vertical depth or has an" average maximum depth
in excess of eighteen (18) inches;
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. (b) ?�IOne of the embankment is placed on existing
ground having a slope steeper than five (5) hori-
zontal to one (1) vertical;
(c) Proposed fill slopes are no steeper than three
(3) horizontal to one (1) vertical;
(d) The emban;cment does not change or adversely
affect tae existing drainage pattern;
(e) Adequate provisions are proposed to protect
the embankment from erosion;
(f) The toe of the embankment is no closer than
three (3) feet to an exterior property line; and
(g) The total volume of embankment does not exceed
250 cubic vards of material.
4 . Excavation for foundations of buildings , structures,
basements, cellars , swimming pools, or basins which are
authorized by appropriate permits obtained from the Building and
Housing Department provided such excavation does not affect public
property or iights of way and no public interest is involved.
Foundations , as referred to herPin, shall not be con-
strued to include foundations for retaining walls, drainage
structures, or otlier structu'res appurtenant -to the land
development. _ _ _ ,
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5. Excavation or embankment performed by a governmental
agency, franchise holder, or their contractor incidental to
the construction of roadways , pipelines , or utility lines
within their rights of way.
The above exceptions shall not affect the applicability
of this article to, nor the requirement for a land develop-
ment permit for any embankment or excavation or caork done
at anotner site wnere material is transported to or from
above projects .
Sec. 29 .213 . Qualifications to do [dork - Contractor.
1. Every person doing land development shall meet such
qualifications as may be determined by the City Engineer
to be necessary to protect the public interest. The City
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Engineer may require an application for qualification which
shall contain all informatton necessary to determine the
person' s qualifications to do the land development.
2 . Except as otherwise provided herein, all land
development shall be perforr,ied by a contractor, who has
been duly licensed.
3 . Plans for public improvement and major work involving
land development authorized under this article shall be pre-
pared by a private engineer. Where soils reports or soils
investigations are required, the reports and investigations
shall be prepared and conducted by a Soil Engineer.
Sec. 29 .214 . Property Owners Qualification to do
Work , Exclusive of Subdividers. and
Deve opers.
l. Any property owner may present an application to do
land development work on his own �proper-ty, provided:
(a) The earth�vork does not exceed a volume of
250 cubic yards of material; •
(b) The work will not alter any existing� drainage
course; and �
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(c) All work is performed in accordance with
Section 29.204 .
2. The City Engineer may approve a grading plan prepared
by the property owner for work to be performed on private
property as a result of a property owner' s application, pro-
vided that conditions (a) , (b) and (c) of paragraph 1 are
evident.
3. Any work authorized by permit issued as a result of
a property owner' s application shall be supervised or per-
formed personally by the property owner.
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Sec. 29 .215 . Special Bond Requirements .
1. Where land development work involves excavation
adjacent to the public right of way in excess of six (6)
feet with a slope of one (1) foot horizontal to one (1)
vertical or steeper, the City Engineer may require a Special
Bond� to indemnify the City against danage to the improvements
within the right of way which ma� result from such land dev-
elopment. The amount o'f tne Special Bond shall be determined
by the City Enqineer and such bond shall remain in force and
effect until the land development has been completed, the
lateral support for the slope, if required, -has been constructed,
and it has been determined by the City Engineer that the ad-
jacent improvements are no longer in jeopardy.
2 . . The Special Bond shall be conditioned upon tne pay-
ment to the City' of any costs incurred by the City in re-
pairing, restoring, or replacing improvements which may be
damaged as a result of the adjacent �land development. Pro-
cedures . for notice, performance of work, and payment to the
City where such work is. performed by tlie City shall conform
to Section 29 .216 , subsection 1; provided, however, where delay
in reoair to t}ie improvement would constitute a hazard to the
public or to other improvements within the immediate area, the
City Engineer may perform such emergency work as may be required
and shall recover the cost thereof from the principal and surety
of the bond.
Sec. 29 .216 . Private Contract Performance Bond Reauired.
Persons perforning private contract work under a permit
issued in accordance wi.th this article shall furnish a bond
or cash deposit or instrument of credit executed by the
owner or by the contractor, or both, as principal in
accordance with the following provisioris:
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The performance bonii shall be issued by a surety company
authorized to do business in the State of California and
shall be approved as 'to' form by tne` City�AEtorney. The
bond shall be in favor of the Citv of Chula Vista and shall
be conditioned upon the completion, free of liens , of the
work authorized by the permit in accordance caith tne re-
quirements of this article and the conditions prescribed
by the permit.
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1. The bond sYiall be cond'itioned upon the payment to
the City of any costs incurred by the City or its agent in
completing the required work, or performing work necessary
to leave the site in a non-hazardous condition. Whenever
the City Enqineer finds that a default has� occurred in
the performance of any term .or condition; of' work' 'autho- '
rized by a permit,' he shall give written riotice of such
default to the principal and surety of the bond. Such
notice shall state the,work remaining -to be done, the
estimated cost of completion and the time estimated by
the City Engineer to be necessary for the completion of
the work. After the receipt of such notice, the principal
or the surety must, within the time specified, either com-
plete the work satisfactorily or deposit with the City of
Chula Vista an amount equal to the City Engineer' s' estimate
of the completion cost plus an additional sum equal to 25B
of such cost.
2 . In the event that the principal or surety fails to
complete such work within the time specified in the notice , .
or fails to deposit the estimated cost plus 25� with the
City, the City Engineer may cause the required .work to be
comoleted. � The principal and the surety shall be liable
for the cost of completing such work.
3. If the principal or surety deposits the estimated
cost plus 258 as set forth in the notice, the City Engineer
shall cause the required work to be completed. The "unex-
pended money shall be returned to the depositor at the
completion of such work, together with an itemized accoun-
ting of the cost. The principal 'and surety shall hold
the City blameless from any "liability in connection with
the woik so performed by the City or contractor employed
by the City. The City shall not be liable in connection
with such work other than for the expenditure of said
money.
4 . In lieu of a bond, the permittee may post a cash
deposit with the Director of Finance in an amount equal
to the required bond. Dlotice of default as provided above
shall be given to the principal and if the default is not
corrected within the time specified, the City Engineer shall
proceed without delay and without further notice of pro-
ceeding whatever to use the cash deposit or any portion
of such deposit to complete the required work. The balance ,
if any, of such cash deposit shall, upon the completion
of the work, be returned to the depositor or to his suc-
cessors or assigns after deducting the cost of the work.
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5. No performance bond under the provisions of this
article shall be required from the State of California,
or any of its political subdivisions or any governmental
agency.
6 . A contractor working for the State of California,
or any of its political subdivisions or any governmental
agency shall present a performance bond unless proof is
submitted that the work is coyered by. a� bond inuring to
the benefit of the state or agency:f "
7. Every bond or other performance guarantee shall
include conditions th'ai the perniittee shall: _
(a) Comply with all provisions of this article.
(b) Comply with all terms and �conditions of
the land development permit.
(c) Complete the land development work within
the time limit specified in the �land develop-
ment permit. .
Sec. 29 .217 . Amount of Performance Bond Established.
The amount of the bond covering a specific job shall
be_ based on the amount of the estimate submitted by the
person doing the work and approved by the City Engineer
and in accordance with schedule in paragraph 1 of this
section.
' 1. The bond or . cash deposit amount shall be based on
an estimate of the cost of work approved by the City
Engineer and in accordance with the following schedule :
Land Development
. Appurtenant Structures. . . . . 1008 of the estimated
cost of retaining walls, drainage facilities or
other grading appurtenances.
Grading. . . . .25� of the estimated cost. This
percentage may be varied by the City Engineer
to fit conditions which are unusual in his
opinion.
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Slope Planting and Irrigation. . . . . 1008 of the
estimated cost, of� required landscaping and
irrigation facilities. �
Maintenance of Landscaping. . . . .100� of the
estimated cost of maintaining landscaping
for 90 days.
Sec. 29 .218 . Administration by the City Engineer.
1. The City Engineer shall enforce the provisions of
� this article. He shall, upon application by qualified
persons, issue permits in. connection with land development
when all applicable conditions established by this article
for such permits have been met.
2. He shall cause land development being done without
a permit to be stopped until a permit has been obtained.
He may require that such work done without a permit be
removed or corrected at the expense of the responsible
person. P7here land development work involves an embank-
ment improperly constructed or constructed without ade-
quate testing, he shall cause such embankment to be re-
constructed or, in lieu thereof, shall cause a declaration
of improper land development to be recorded in the office
of the County Recorder. He 'shall inspect all work done
in connection with land 'development to insure compliance
. with the provision of this article and shall� certify when
such work is properly completed.
3. The City Engineer shall determine the extent, type
and requirements of land development work requested, the
type of application and permit required and the fees appli-
cable under the provisions of this article.
4 . When the nature of the work requested is such that
it comes within the requirements of , or affects the opera-
tion of any other department of the City, the City Engineer
shall obtain and consider the recommendations of such depart-
ments in determining the disposition of the application. He
shall deny applications which, in his judgment, are not in -
the interest of the public health, 'safety or general wel-
fare , or do not constitute a reasonable use of land as
indicated by the existing zoning or an approved land use
plan.
5. The City Engineer shall fix the time of completion
� of the work when a permit is issiaed in accordance with
Section 29.203. The City Engineer may, upon request of
the permittee made in writing prior to the expiration of
the specified time and for good cause shown, extend the
period of time as provided for in Section 29 .203 .
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6 . The City Engineer may cancel a permit or mat� re-
. quire the plans to be amended cahen• it is in the interest
of public health, safety and_ cvelfare and under any of
the following:
(a) Upon the request of ttie permiLtee. �
(b) The facts are not as presented by tne per-
mittee in application.
(c) L�orks as constructed or as proposed to be con-
structed creates .a hazard to public health,. safety
and welfare . '
Sec. 29 . 219 . Appeal from Decision of the City Bngineer .
1. An applicant may appeal tne City Engineer' s denial
of, or the conditions of approval o£ an application for
a land development permit to the Board of Land Development
Appeals, which sliall investigate appeals and make recommen-
dations to the City Cour.cil w?iose deter.mination snall be
final if t?ie appeal is pursued to the Council.
2. There is hereby established a &oard of Land Develop-
ment Appeals . The Board snall consist of five (5) members
appointed by tne City Council, none of whor.t s}:all be City
officers or employees : one civil enc�ir.eer registeren ir.
the State of California, engaged predominar.tly in land
development design; one civil engineer registered in the
State of California, with experience and prominence in
soil• mechar.ics and foundation engineering; one contractor
possessing a valicl general engineering contractor' s li-
cense by the State of California; one persoi? representing
builders and land developers; and one otlier person.
3 . Subject to the approval of the City Council, each
member of the Board riav appoint an alternate nenber c.ho
shall possess the qualifications required of the regular
member. The alternate member shall .serve in tne case
of absence or of a conflict of interest involving the
regular member for whom he is the alternate. The City
Engineer stiall decide whether a particular member,
regular or alternate, is disqualified by reason of a
conflict of interest from considering a particular
matter.
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4 . The notice of uncontrolled embanY.ment shall be re-
corded by the Cit�� Engineer in- the office of the County
Recorder as an obligation upon the land involved. The
notice shall remair. in effect until release of ttie notice
is filed by the City Engineer.
Sec. 29 . 224 . Pavment of Fees .
A. Fees required by this division shall be collected
by the Director of• Finance . Such fees shall be in accor-
dance with the provisions contained herein.
In addition to the application fee and prior to issuance
of the qrading permit, the applicant shall pay a permit fee
based upon the approved engineer ' s estimate . The permit fee
base used in the schedule of fees shall be computed by mul-
tiplying the estimated cost of the work by the following .
factors :
(1) Appurtenant structures . . . . . . . . . . . . . . 50�
(2) Grading and landscaping. . . . . . . . . . . . . 25�
(3) Irrigation facilities . . . . . . . . . . . . . . . 50�
B. The estimates shall be made or verified by the City
Engineer. No permit shall be issued and no land develop-
ment shall be permitted until the fees applicable under
this division have been received by the Director of Finance .
(1) The State of California or any of its political
• subdivisions or any governmental ac�ency shall file
applications for permits and shall be issued pernits
as required by th'is article . 2•lo fees shall be re-
quired when the work is done by persons wor}:ing
directly for the state or agency.
(2) A contractor caorY.ing for the State of California
or any of its political subdivisions or any govern-
mental agencv shall obtain a permit and pay the
permit fee .
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Sec . 29 . 221. Issuance of Fermits.
The City Engineer shall issue permits for land develop-
ment work upon approval of the applications and plans, re-
ceipt of the prescribed fees, and posting of ttie required
bond. The pernits shall include, or refer to, tne conditions,
plans , and specifications which shall govern the worr autho-
� rized.
Sec . 29 . 222 . Special Investigations .
The City Engineer nay require the pa;ment of the pre-
scribed fee for a special investigation cahen the proposed
work or inquiries necessitate preliminary studies or special
investigation to be perf.ormed by the City. Al1 requests for
time .extensions or variance requests sha11 be accompanied
by the special investigation fee .
Sec . 29 . 223 . Land Development Involving lincontrolled
Embankment.
I�pplications for land development permits involving un-
controlled embanknent shall be accompanied by a notice of
uncontrolled embankment signed by the property owner. The
notice shall be prepared by the City Engineer aiid shall con-
tain the following provisions and such other provisions as
may in the opinion of the City Engineer afford protection
to the propert� owner and City.
1. The land development work shall be designated as
uncontrolled er,ibankment and shall be constructed in accor-
dance with plans approved by the City Engineer.
2 . The owner acknowledges that as an uncontrolled
embankment the site is not eligible for a building permit
unless special soils analysis and foundation design are
submitted. ,� ,
3. The land development �aor}; sha11 be done and nain-
tained in a safe and sanitar_v manner, at the_ sole cost,
risk, and responsib'ilitv of the owner and his .successors
in interest, who shall hold the City harmless with respect
thereto. • .
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4 . Each member of the Board shall be aopointed by
the City Council and shall sarve for a term of three
(3) years , except that the initial appointments of the
representative of the builders and land developers and
the "one other person" shall be for two (2) years. Any
vacancy shall be filled by the C'ity Council for the
unexpired term.
5. The members of the Board shall serve at the plea-
sure of the City Council and any �member may be removed at
any time by a majority vote of the Council.
6. The City Engineer shall serve as secretary to
the Board. The Board shall annually apoint a chairman
and vice-chairman from its members.
7 . The Board shall meet at least. annually and such
other times 'as may be necessary. _bieetings of the Board
may be called by the chairman, vice-chai:rman or secretary.
Three (3) members shall constitute- a quorum. •Acts of
the Board shall be by a majority vote of the members
present. _ . � ` ; , - . .
8. The Board may adopt rules for. ,the .conduct of its
business and for the time, place and' procedure for the
conduct of its meetings.
9. The Board of Land Development Appeals shall have
the power upon an appeal by an aggrieved person, to
affirm, reverse or modify- any determination made under
' authority of this article by the City Engineer.
10. The applicant for a permit issued pursuant to
this article, or the permittee, may appeal to the Board
from any decision of the City Engineer within ten (10)
days after said decision. Appeals shall be in writing
and shall state the specific nature of the appeal. Ap-
peals shall be filed with the City Engineer.
11. Any decision of the Board may be appealed within
ten (10) days to the City Council by the City Engineer
or any aggrieved person including the applicant for a
permit or the permittee. The City Council may affirm,
reverse or modify the decision of the Board , and its
decision shall be final. Appeal to the City Council
shall be in writing and shall state the specific nature
of the appeal. Such appeal shall be filed with the City
Clerk. '
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12. The City Engineer may refer to the Board for an
advisory technical opinion. �The rendering of such an
opinion by the Board shall not deprive the Board of its
� jurisdiction to consider any appeal. The City Engineer
shall not be bound by any advisory opinion.
13 . The members of the Board shall serve without
compensation and shall serve without traveling expenses
except where expressly authorized by the City Council.
. Sec. 29 .220. Applications for Permits.
A. Applications for permits authorizing land develop-
" . ment work shall be made in accordance with procedures
' established by the City Engineer. Applications shall be
accompanied by such detailed plans, specifications, and
schedules as may be required .by the City Engineer in
determining the nature and extent of the work and the
application fees. See Sections 29.224 .and 29 .225 of this
article regarding fees. "
B. Detail plans and specifications £or land development
shall include, but not be limited to:
(1) A vicinity sY.etch or other data adequately
. indicating the site location.
(2) A plot plan showing the location of the land
development boundaries, lot lines, and public and
private rights of way -lines. ` .
(3) A contour map showing the present contours
of the land and the proposed contours, or grid
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(4) Location of any buildings_ or structures with-
in the land development' bouridaries , -and the loca-
tion of any building or structure on adjacent
property which is within fifteen_ (15) feet of the
land development boundary.
(5) Typical sections showing details concerning
proposed cut and fill slopes.
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(6) Adequate plans of all drainage devices, walls,
oi other protective devices to be constructed in
connection with, or as- a result of the proposed
work together with a map shooring the drainage area
of land tributary to the site and the estimated
runoff of the area served by any drainage devices.
(7) An estimate of the quantity of excavation
and fill involved; quanttties relative to construc-
tion of appurtenant structures; estimate of cost;
and estimated starting and completton dates.
(8) A landscape and irrigation plan indicating
the planting density, type and location and the
layout of the irrigation system, An estimate of
cost of the landscaping and irrigation facilities.
(9) A soils investigation may be required to cor-
relate surface and sub-surface conditions with the
proposed land development plan. The results of the
investigation shall be presented in a soil report .
by a Soil .Engineer which shall include, but need
� not be limited to, data regarding the nature , dis-
tribution, and strength of existing soils and rock
on the site; the Soil Engineer,' s- conclusions and
recommendations for grading 'requirements, including
the correction of weak or unstable soil conditions
and treatment of any expansive soils that may be
present and his 'opinion as to: the adequacy of
building sites to be� developed by the proposed
land development operations. The Soil Engineer
shall provide an engineering geoTogy report by
an engineering geologist when required by the
City Engineer.
(10) The City Engineer may require other data or
informat3on as He deems necessary. He may elimi-
nate or modify any of these requirements where in
his opinion they will serve no practical purpose.
C. Detail plans shall be prepared on material and to
the size and in the manner designated by the City Engineer
in a standard available for distribution in the bffice of
the City Engineer. _ '
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Sec. 29 . 225 . Schedule of Fees for Land Development Permit.
Fee base shall be computed in accordance �aith Section
29 . 224 A.
FEE BASE ($) PERMIT FEE ($)
0-104 10
105-144 13
145-194 17
195-254 23
255-329 ' 29
330-419 38
420-529 48
530-659 60
660-809 74
810-989 90
990-1209 101
1210-1479 111
1480-1819 122
1820-2259 134
2260-2699 ' 1-46
2700-3139 157
3140-3579 166
3580-4000 175
4000-lip 175 plus 1. 25� of fee
base over $4 , 000
Permit Application Fee - 15
Special Investigation Fee - 25
Special Investigation and Permit Application fees
are not refundable .
Sec. 29 . 226 . Refundinq of Permit Fees .
In the event a land development £ee refund is reguested
bv the applicant and/or permittee, the City Engineer shall
. determine that such work may be abandoned. tipon abandon-
ment, the City Engineer shall reiund the difference between
the fee paid and the amount equal to the cost, plus overhead,
expended by the City. However, such refund shall not exceed
fifty percent (50�) of the fee collected �•�ith the application
for land development.
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Sec. 29 . 227 . Double Fee for Failure to Obtain a Land
Development Permit.
In the event that land development work is comrienced
without benefit of a land development permit the City
Engineer shall cause such cvork_ to be stopped until a per-
mit is obtained. The permit fee in sucfi instance shall
be double that which would normallv be required. The pay-
ment of such double fee shall not relieve any person from '
fully complying with the requirements of this article in
� the performance of �ttie work . Such fee s}iall not be con-
strued to be a penalty, but sha11 be construed_ as an added
fee required to defray the expense of enforcement of the
provisions of this article in such cases . The imposition
or paynent of such double fee shall not prevent the imposi-
tion of any penalty pr.escribed or imposed by t:iis article.
Sec. 29 . 228 . Violations Constitute Public IVuisance.
Pny land development comrtenced or done contrary to the
provisions of t:iis article shall be, and the same is hereby
declared to be, ur.lacoful and a public nuisance. tipon order
of the City Council, the Citv Attorney shall commence
necessary proceedings for ttie abatement, removal and/or
enjoinment of any such public nuisance ir_ the manne: pro-
vided by law, Any failure, refusal or neglect to obtain
a permit as required by this article shall be prima facie
evidence of the fact that a public nuisance has been com-
mitted in connection with any land development commenced
or done contrary to the provisions of this article .
. SECTION II : This ordinance shall take effect and be in full force
on the thirty-first day from and after its passage and approval.
Presented by Approved as to f�
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L`�ne F. C ie, Director of �� George D. Lindberg, City Attorney
Public Works f � _ _ .' ' �
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ADOPTED AND APPROVED BY THE CITY COUNCIL- OF. THE CITY
OF CHULA VISTA, CALIFORNIA, this 27th day of March ,
197 3, by the following vote , to-wit:
AYES : Counc�.2men Scott, Hobel, Hamilton, Hyde, Eqdahl
NAYES : Counc�.2men None
ABSENT : Counc�.�men - None
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ayo� o e �..ty ob tu a za
ATTEST
C.c.ty en z
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss .
CITY OF.:CHULA VZSTA )
I , JENNIE Fd. FULASZ , C�..ty C�eKh o6 �the C�..ty o6 Chu2a V�,e.ta,
Ca2�.�o-tn�.a, DU NEREBY CERTIFY �tha.t .the above and boaego�.ng �.d a SuP2,
.thu2 -and connec.t copy ob
and .tha.t .the aame hah no.t been amended oK rcepea2ed.
DATED :
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