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Home My WebLink AboutOrd 1978-1836 ORDINANCE NO. 1836 AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING NEW SECTIONS 17 .08 . 440 THROUGH 17 .08 . 510 TO CHAPTER 17 . 08 OF THE CHULA VISTA MUNICIPAL CODE, ALL RELATING TO RIGHTS OF ADJACENT PROPERTY OWNERS TO ENCROACH IN OPEN SPACE DISTRICTS MAINTAINED BY THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I : That Chapter 17 .08 0£ the Chula Vista Municipal Code be, and the same is hereby amended by adding thereto new Sections 17. 08. 440 through 17 .08 .510 to be, and to read as follows: CHAPTER 17 .08 OPEN SPACES. . Sec. 17.08. 440 Purpose and Zntent. It is the intent of the City Council to authorize the use of, or encroachment into, open space maintenance dis- tricts for certain private purposes by property owners of parcels adjacent to and contiguous with said open space maintenance districts under such circumstances where said use or encroachment does not interfere with or obstruct the purpose of the open space district or the continued maintenance of said district. It is the purpose of the Council in adopting this ordinance to provide procedures and regulations so that such property owners may make appropriate use of said open space under circumstances where the grading of - property does not create usable pads conforming to lot lines established on subdivision maps or where property owners wish to undertake the landscaping and maintenance of a por.tion of the maintenance district adjacent to and contiguous with their property in a manner consistent with the overall purpose and development design of the particular maintenance district. Sec. 17 ,08 . 450 Council Authorization Required When. All encroachments into open space maintenance districts shall be authorized by resolution of the City Council, ex- cept those specifically delegated to the Director of Public Works . Applications for permits for .which the provisions of this chapter or schedule of fees do not properly apply shall require authorization by City Council resolution. In all cases requiring authorization by resolution of the C•ity Council, the Director of Public Works shall submit the application with his recommendations to the City Manager for presentation to the City Council. Upon approval of the City Council, the Director of Public Works shall collect the prescribed fees and issue the required permit. -1- Revised 10/3/78 Sec. 17 . 08 . 460 Improvements 21ot Requiring Council Authorization - Temporary Encroachments. The Director of Public �4orks is authorized to issue en- croachment permits without prior authorization from the City Council for the installation of the following improve- ments: 1. Landscaping as approved by the City ' s Landscape Architect. 2, Fences , in accordance with zoning and building codes which encroach. - less than a total of 500 square feet into the open space. 3 . Retaining walls, in accordance with zoning and building codes, not to exceed 18 inches in height and which encroach less than a total of 500 square feet into the open space . 4 . Private utility service, including telephone, gas and electric , cable television and private lighting � system. Sec. 17 . 08 .470 Maintenance and Removal Agreement - Required hThen - Contents . Applications for encroachment permits for any buildings or structures of any nature shall be acco�panied by an encroachment application fee in the sum of one hundred dollars, and an encroachment maintenance and removal agreement, which shall authorize the construction and use of the building or structure and shall be signed by the property owner and properly acknowledged. Said agree- ment shall be prepared by the Director of Public taorks and shall contain the following covenants with the City: A. - The encroachment shall be installed and maintained " in safe and sanitary condition at the sole cost, risk and responsibility of the o�•:ner and successor in interest, who shall hold the City harmless with respect thereto. B. The agreement is made for the direct benefit of the property owner' s land described in the agree- ment and the covenants therein shall run �•rith the property and shall be binding upon the assigns and successors of the owners. C. The encroachment shall be abandoned, removed or relocated by the property owner upon demand in writing by the Director of Public ATorks. The . property owner must remove or relocate said en- croachment within thirty days after such notice or within such longer period as may be provided specifically �aithin said agreement in the instance of buildings or structures which would require a longer period to effectuate such removal or relo- cation. If the owner fails to remove or relocate , the encroachment within the period allotted, the Director of Public T�orks may cause such caork to be done and the cost thereof shall be imposed as a lien upon the prooerty. , D. Encroachments authorized by the Director of Public _ Works need not be recorded. �� _z- - ' Revised 10/3/78 • ' , - : ' ' - ' . Sec. 17 .08. 480 Fees - Payment Required When. The property owner/applicant desiring to encroach into the open space maintenance district shall pay a fee in the amount of one hundred dollars to cover the cost of investigation and processing of such request, provided, however, if a request is considered by the City Council, the fee shall be the sum of two hundred dollars . Such fee is not refundable. Sec. 17 .08. 490 Plat Requirements . The applicant shall submit a plat showing generally the area in which he wishes to encroach into the open space. Such .plat need not be prepared by a registered civil engineer and need only show a general metes and bounds description of the encroachment area. Sec, 17 . 08. 500 Insurance Requirements - Exemptions - Liability Agreements. . A. The Director of Public Works may require submission of insurance which has been approved by the City Attorney, executed and delivered by a reliable insurance 'company authorized to carry on an insurance business in the state, by the terms of which said insurance company assumes re- sponsibility for injuries to persons and property as a result of constructing the work as set forth in the permit. The insurance, when required, shall be in the following amounts: 1. One hundred thousand dollars for property damage; 2 . Two hundred thousand dollars for death or injuries to any person in any one occurrence; 3. Five hundred thousand dollars for death or injuries to two or more persons in any one occurrence. B. Governmental agencies, including the State of California and its political subdivisions, shall not be required to provide the insurance required by this sec- tion, but shall be required to hold the city harmless. C. Any permittee for whom insurance requirements have been waived shall be required to hold harmless and defend the city, its elective and appointive boards, officers , agents and employees from any liability for damage or claims for damage for personal injury, including death, as well as from claims which may arise from permittee, or any subcontractors or agents or employees thereof in performing under the permit. Sec. 17 .08 .510 Approval by the Director of Parks and Recreation. All encroachment permits for purposes provided herein in open space maintenance districts shall also be sub- mitted to the Director of Parks and Recreation and must be approved by the Director of Parks and Recreation in the case of those that are to be processed by the Director of Public Works, or as recommended, shall be forwarded to the City Council from those applications which must be processed by the City Council. -3- �� ; ', ' .: �. SECTION II : This ordinance shall' take effect and be in full force on the thirty-first day from and after its approval. Presented and Approved as to form by ��e� �� George D. Lindberg, City Attor FIRST READ at a regular meeting of the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, held October 3 , 1978 , and finally PASSED AND ADOPTED at an adjourned]regulargme.eting•�thereof held October 19 , 197g , by the following vote, to-wit: AYES: Councilmen: Cox, Egdahl, Hyde, Gillow NAYES: Councilmen: None ABSENT: Councilmen: Scott � (,J�.�, �l� Mayor of the City of Chula Vista ATTES > . City Clerc STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 55. CITY OF CHULA VISTA) I� , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Ordinance No. , and that • the same has not been amended or repealed. DATED City Clerk -4- �0 �