HomeMy WebLinkAboutAgenda Statenent 1978/10/17 item 29 CITY OF CHULA VISTA
COUNCIL AGEiVDA STATEMEiVT Ite� ►vo. _� 29
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For meeti ng of i o/�' ��
ITEM TITLE Ordinance #1836 - Relating to Rights of Adjacent Property Owners
to Encroach in Open Space Districts Maintained by the City of
Chula vista ��,Lqi.,�p ��,;Di;:�� r,f�D F�,D�F'TtQN
SUBMITTED BY City Attorney
ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES NO X )
In several subdivisions , concern has been expressed regarding the fact
that lot lines do not necessarily conform to the top of slopes leaving
portions of the pad area within open space maintenance districts not
susceptible to use by the adjacent propertyo uwner.
In addition, there have been circumstances where the property owner
has requested permission to encroach into areas dedicated for open
space maintenance districts. It is felt that such an encroachment
either to obtain full utilization of the pad or for the private interest
of the property owner is in no way in conflict with the purpose of the
open space maintenance district and could often result in a decrease of
the cost of maintenance if a portion of the area were to be taken over
by the property owner.
Therefore, an ordinance has been prepared establishing provisions similar
to those used for encroachment permits in the public riqht of way which
would authorize property owners to make application for encroachment into
open space maintenance districts . The fee requirement is $100 for appli-
cations processed by the Director of Public Works and $200 if the matter
goes to the Council , which is required in any case where a building or
structure is sought to be erected in the open space maintenance district.
As indicated in the ordinance, applications would only be considered with
a clear understanding that any use �o be made of the property by the pro-
perty owner would be �ully consistent. with the purpose of the open space
district�
EXNIBITS
Agreement Resolution Ordinance x Plat Notification List
Other ENVIRONMENTAL DOCUMENT: Attached Submitted on
FINANCIAL IMPACT N/A
STAFF RECOMMENDATION Place ordinance on First Reading
BOARD/COMMISSION RECOMMENDATION
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Fo rm A-113 (Rev. 5/77)