HomeMy WebLinkAboutOrd 2015-3349 ORDINANCE NO. 3349
ORDIIvANCE OF THE CITY OF CHULA VISTA AMENDIIvG
CHAPTER 19.02 OF THE CHliL9 VISTA A4UI�TICIPAL CODE
BY ADDI?�'G SECTION 19.02.060 RELATED TO I1�TDEMI�TITY
PROVISIOI�'S FOR CITY ISSliED PERMITS
WHEREAS, the Califomia Constitution in article XI. §7, authorizes a "counn or citv
ma� mal:e and enforce within its limits all local, police, sanitan�. and other ordinances and
regulations not in conflict with eeneral la�-s." This authority is termed "police poti�er'; and
WTIEREAS. Land development and use is a traditional subject for the eaercise of police
po��er b}� a cit��: and
WHEREAS. one aspect of land development is the issuance of permits to land oHners
and de��elopers; and
�'HEREAS, in the issuance of permits, a citv incurs certain direct costs, such as those for
processing and inspection, and the la��� permits the cit�� to require applicants and propem owners
to reimburse the citv for these costs: and
WHEREAS. there are also indirect costs that a cirv mav incur. such as those associated
��-ith challenges to the issuance of the permit or actions of an applicant or property oNmer
associated therew�ith: and
VJHEREAS, throueh indemnity proeisions, the citv ma� require that the applicant and
propert}� oHmer bear these costs, rather than have the costs be bome by the eeneral taxpayers;
and
WHEREAS. it has come to the attention of the Ciri Attomeds Office that certain
insurance policies contain languaee etcluding coverage for indemnity obligations that aze
conditions of a permit unless the cin� has an ordinance permittine the ciri- to require an applicant
to indemnifi�the citv_ and
V�'HEREAS. this ordinance is intended to assist applicants in obtainine insurance for their
projects in those situations «�here the}� �i�ould othernise not be able to acquire it and to protect
the cit�� and its ta�pa}�ers from risk associated «�ith permit issuance.
I�'OV�'. THEREFORE. the Cit� Council of the Cin� of Chula V'ista does ordain as follo�i=s:
Section I. Amendmeut to Chapter 19.02 — General Pro�'isions
Chapter 19.02 of the Chula Vista Municipal Code shall be amended to indude Section
19.02.060. which shall read as follo�i s:
19.02.060 — Indemnit�= Provisions in Citv Permits.
Ordinance No. 3349
Page No. 2
In the issuance of permits, the City may require property owners and applicants to
indemnify, protect, defend and hold City, its City Council members, officers, employees and
representatives, harmless from and against any and all liabilities, losses, damages, demands,
claims, expenses, and costs. including court costs and attorney's fees (collectively, Liabilities)
incurred by the City arising, directly or indirectly, from any challenge to the City's approval and
issuance of such permits and any actions taken or conduct by property owner or applicant in
connection therewith. Such requirement shall be on terms approved as to form by the Cit}�
Attomey and may include other terms deemed necessary or appropriate to protect the City from
special risks related to business operations under the permit not specifically identified herein.
Section II. Se��erabilit��
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be in��alid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IIL Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section N. Effecti��e Date
This Ordinance shall take effect and be in force on the thirtieth day afrer its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
, �
/ � <�;<���
len R. Googins � G,len R:Googins
ity Attamey �� ity Attorney �
Ordinance No. 3349
Paae No. 3
P.ASSED, APPROVED. and ADOPTED b� the Cit�� Council of the Citv of Chula Vista.
Califomia� this 21 st dav of Jul�� 201�. b�� the folio��ine vote:
AYES: Councilmembers: Aeuilaz. Bensoussan. ?�4cCann. ?�4iesen and Salas
NAYS: Councilmembers: None
ABSEI�'T: Councilmembers: tione
Marv S . n4a�or
ATTEST:
,�'/,.�=
Donna R. Norris. CA4C. Cit�� Clerk
STATE OF CALIFORT�'IA )
COIJ?�'TI' OF SAN DIEGO )
CITY OF CHULA VISTA )
1. Donna R. Noms. Cir�� Clerk of Chula Vista. California. do herebvi certifi- that the foreaoine
Ordinance No. 33�9 had its first readina at a reeulaz meetina held on the 14th da�� of Juh� 201�
and its second reading and adoption at a regular meetina of said Cin� Council held on the Z 1 st
da�� of Jul�� 2015; and ti�as duly published in summary form in accordance ��ith the requirements
of state la�i� and the Cit�� Chaner.
S _�
Dat d � Donna R. Noms. CMC. Cin� Clerk