HomeMy WebLinkAboutOrd 1979-1880 . . � .. � - ' � , . . � ..
' • ORDINANCE N0. 1880
AMENDING SECTION 12.24.070 �OF TF� CHULA VISTA bfUNICIPAL
CODE RELATING TO PROCESSING OF REQUESTS FOR DEFERRAL OF
IDiPROVEMENTS �
� By a unanimous vote at the meeting of October 23, 1979,
the City Council placed this ordinance on its second reading .
� and adoption. The ordinance amends the-Municipal Code to
designate the City Engineer, rather thari the Planning
Commission, as responsible for acting on requests for
deferral of public improvements. . The right of appeal to the
City Council by.the applicant remains unchanged; and processing
of requests for waivers of .ie�provements will continue to be,
done by the Planning Commission. Deferrals and waivers for �
undergrounding utilities will remain as public hearings before .
the City Council. '_ .
. Copies of the ordinance are available in the office of the .
, City C1erk,City Ha11, 276 Fourth Avenue.
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� F<` . i. y I��. •, .• i . . �' `' t}' `K.�•� �'�
' ' " - ' . . en �e M. ��Fulasz.,, CMC, City C k
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ORDINANCE NO. 1880 �-,.`n
C
AN ORDINANCE OF THE CITY OF CHULA VISTA FIMENDING
SECTION 12 .24 .070 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO PROCESSING OF REQUESTS FOR DEFERRAL OF
IMPROVEMENTS
The City Council of the City of Chula Vista does ordain
as follows : �
SECTION I : That Section 12 . 24.070 of the Chula Vista
Municipal .Code be, and the same is hereby amended- to read as
follows :
Sec. 12.24 .070 Requirements Deferred When -
Deposit. or Bond Required When -
Appeal of Denial.
A. In the event that the installation of all or any of
the improvements required by Section 12 .24 . 040 would,
_ if presently installed, create a hazardous or defec-
tive condition or be impractical, or i£ said instal-
lation of any or all of said improvements would be
, incompatible with the present development of the
neighborhood or be impractical or premature because
of the existing condition o£ the surrounding property,
or that it would be desirable to install said im-
provements as a part of the overall plan for the
development of public improvements in a certain area,
the property owner or his agent may apply to the
City Engineer for a deferral of the requirements of
this chapter, stating the grounds and reasons therefor.
B. I£ the City Engineer, at his discretion, feels that
such grounds or exceptions are reasonable and that
the requested deferral should be granted, the City
Engineer may exempt such applicant from the require-
ments of this chapter, subject to the conditions set
£orth herein. Any exceptions to the requirements for
the installation of public improvements may be limited
to a specified period of time by the City Engineer,
or may be subject to the determination of the City
Engineer as to the time at which said improvements
should be installed. . In the event that the improve-
ments are deferred, the property owner shall deposit
with the city a sum equal to the estimated cost of
the improvements as approved by the City Engineer, plus
ten percent of such cost, or in lieu thereof, shall
post a bond in said amount as approved by the City
_ Attorney. If it is determined that the requirements
for the installation of said public improvements will
not be necessary within a reasonable and feasible
time period, the property owner may grant to the
city, in lieu of said cash deposit or bond, a lien
upon his property in an amount estimated by the City
Engineer to be sufficient to install such public .
improvements at such time as they shall be required
and said lien shall also provide for reasonable
attorney fees and costs in tha event that it becomes
necessary for the city to foreclose upon such lien;
provided further, that said agreement shall stipulate
that should said lien be extinguished by foreclosure
of prior liens or otherwise, the improvements may be
installed or provided by city and the cost thereof
become a lien against said property as provided in
Section 12 . 12 .070.
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C. The City Engineer may, from time to time, extend
' the period of deferral; however, such extension of
time shall be conditioned upon the continued effec-
tiveness of a valid cash deposit, bond or lien, as
established herein. 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 . .
D. 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 for
requests for waiver of public improvements , as
set forth in Section 12 . 24 .060 .
SECTION II : This ordinance shall take effect and be
in full force on the thirty-first day from and after its adoption.
Presented by Approved as to form by
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hn P. Lippftt, i y Engineer George . Lindberg, Ci Attorney
FZRST READ at a regular meeting of the CITY COUNCIL of
the CITY OF CHULA VZSTA, CALIFORNIA, held October 16; " ,
1979 , and finally PASSED AND ADOPTED at a regular meeting thereof
held nrttihPr 23 , 1975, by the following vote, to-wit:
AYES : Councilmen: Scott, Gillow, Cox, Hyde, McCandliss
NAYES: Councilmen: None
ABSENT: Councilmen: None
C��. �°�
Mayor of t e City of Chula Vista
ATTES
Cit Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DZEGO) ss .
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. 1880 , and that
the same has not been amended or repealed. ;DATED
• City C erk
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