HomeMy WebLinkAboutOrd 1969-1205 . T
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t > ORDINANCE NO. 1205. '
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AN ORDINANCE OF THE CITY OF CHULA VISTA, REPEALING
'- � SECTIONS 20 . 3 ; 20 .4 AND 20 . 5 OF CHAPTER 20 , AND. F.LL
OF CAAPTERS 27 AND 32 OF THE CHULA VISTA CITY CODE, e
� �. AND ESTABLISHING A NEW CHAPTER 27 , ENTITLED "PUBLIC
' RIGHTS-OF-WAY" , INCORPORATING THE PROVISIONS CONTAINED
' � THEREIN
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-� The City Council of .the City of Chula Vista does ordain
; as follows :
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% ' SECTION I : That Sections 20 .3 , 20 . 4 and 20 . 5 of Chapter 20 ,
f 3nd a11 of Chapters 27 and 32 of the Chula Vista City Code be, and
' `he same are hereby repealed .
_ ; SECTION II : Tliat Chapter 27 , entitled "Public Rights-
' `of-Way" is hereby established, to read as follows :
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CHAPTER 27 . , PUBLIC RIGHTS-OF-WAY.
q ` ARTICLE 1. GENERAL PROVISIONS; STREETS AND HIGHWAYS;
3 DESIGNATING AND NAMING.
� Sec . 27 . 101 . Short� Title .
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Ttiis chapter shall be known and may be cited as the
t ' Public Rights-of-Way Improvement Code.
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Sec. 27 . 102 . Public Rights-of-way Improvements; Maps ��
' �' or Plans . �
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"i All street and highway improvements , _as contained in �I
� this chapter shall relate to those streets and highways ��
' ; indicated on the Street Select System as it presently �
� � exists or as it may from time to time be amended, the ! '
` street and highway element of the General Plan of the , ���)
t � City of Chula Vista adopted by Resolution No. 3519 on '� �
; the 22nd day of September, 1964 , as amended, and such I' `
` other specific plans for streets and highways as may be � ; I
" adopted from time to time by the City Council of the '. �'
` � City of Chula Vista. ('
- The term "drainage facility" as contained herein shall i.
i -`. relate to those facilities indicated in plans and studies �
provided by or on file in the Office of the Director of �
+ � Public Works of the City of Chula Vista and shall be
; � .' undertaken in accordance with plans and specifications ' i�,
therefor as approved by the City Council of the City of ' �
Chula Vista. I
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In addition to `street and highway improvements , this
chapter shall provide regulations for "the installation i � �
of all street furnishings and landscaping as a part of !
land development of public rights-of-way, including but (
not limited to benches , street lighting, trash containers
, and street trees in accordance with maps, plans , standards ,�I�I.
'� and specifications adopted by the City Councii . , ,I1
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: 'r Sec . 27 . 103 . Street Names .
0£ficial street names for all streets and highways
within the City of Chula Vista shall be those recommended
.. by the Planning Commission of the City of Chula Vista,
; ,' approved and adopted by the City Council of the City of
Chula Vista. All names presently assigned to streets
prior to the effective date of this ordinance are here-
by accepted as the official names £or said streets .
� .� ; In the event that street names are changed in the
� .-�• ;.: future, said name changes shall be undertaken upon the
recommendation of the Planning Commission to the City
Council . There shall be no requirement that a public
-, hearing be held by either the Planning Commission or the
City Council in considering the proposed name changes;
provided, however, that either of said bodies may con-
, duct a public hearing, giving a written notice by mail
to all parties to be af£ected by said name change, i .e . ,
the residents of the subject street, or, in the event
that a large number of residents are affected, by post-
- ing of notices along the street and by subject publica-
, tion of said notice at least ten (10) days prior to the
: F � date of the hearing.
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It shall be the duty of the City Council , _in desig-
nating street names and in accepting recommendations
for changes of street names to provide nar:,es which do
not cause confusion and uncertainty to police, fire or
_ `� . other emergency vehicles by virtue of similarity of
! spelling or sound of said street names , and to act in
changing such names so as to eliminate such confusion
, � and uncertainty.
Sec ,. 27 . 104 . Street Numbering System.
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Buildings in the City shall be numbered in accordance
with the following system:
` :� 1. One number shall be allotted to each fifty feet
(50 ' ) of street frontage; provide, however, that where
the frontage pursues a curved or irregular line it shall
be the duty of the Director of Public Works , on applica-
tion by the owner af£ected, to designate .the proper
� frontage to which each number shall be allotted and to �
conform as nearly as possible to the plan hereinafter
provided , j
- 2 . Numbers on the northerly side of streets the gen- '
, eral direction of which are east and west shall be odd,
and those on the southerly side shall be even.
3 . Numbers on the easterly side of streets the gen-
, eral direction of which are north and south shall be odd,
, and those on the westerly side shall be even. j'
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� Sec . 27 . 105. Designation of Street Numbers .
All building permits hereinafter. issued in the City
shall give the correct number of the structure affected
and it shall be the duty of the Director of Public
Works, upon application, to inform the owner or occu-
s. � pant of any building in the City of the correct number
� � � to be placed upon such building .
Sec . 27 . 106 . Size . and Placement of Numbers .
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A. Regulations . All numbers shall be placed in figures
at least two and one-half inches (2-1/2" ) in height at
some place in front of the building where the numbers may
be easily seen £rom the street.
1. Numbering Existing Buildings . It shall be the
� � duty of the lessee, occupant, or owner of any
existing building to obtain the proper building
= � number from the Director of Building and Housing
Inspection and to place this number on said build-
ing within thirty (30) days from the ef£ective date
of this ordinance.
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2. Numbering Ne� BuiZdings . It shall be the duty
° t of the lessee, occupant or owner of any new building
2ti� to place the number assigned by the Director of ,
Building and Housing Inspection on said building
on or before the day final inspection is made by '
the Building Inspector . �
� }' B. Enforcement; Notice . If the Director o£ Building and
Housing Inspection shall find any building upon which the �
- proper number has not been properly placed as requiied by
this section, he may order the applicant , lessee, occupant
' ' or owner to obtain and properly place such number within
ten (10) days . i
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l. Posting of Notice. The posting of a notice upon �
; � the entrance door of such building shall meet the ;
requirements of this section for legal service of '
r� such notice or order. I
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2. Duty to CompZy . It shall be the duty of the lessee, ;
occupant and/or owner of said building to comply with �
said order . i
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'' Sec. 27 . 107 . Painting of Numbers on Curbs; Regulations . I
A. By O�ner or Oecupant. The occupant of a residence inay, t
- t at his own expense, paint or have painted the street number
of such_ residence on the curb . No person other than the j
, occupant shall paint street numbers upon the curb unless he �
, shall first have permission of the occupant of the residence �
for which the numbers are proposed to be painted. Street
numbers painted upon curbs shall meet the following specifica-
tions :
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1. Street numbers may be painted only upon the
- vertical face of the curb abutting the residence.
� 2. Numbers shall be block numbers, and shall be
four inches (4" ) in height, with a stroke width of
not less than one-half inch (1/2") . The numbers
shall be of sufficient dimensions to provide a one
inch (1") margin around all figures .
3 . All paint used for painting of street numbers
on curbs shall be of good quality and shall con-
form or be equal to standard City specifications
, - for traffic paint.
' " , 4 . Under no circumstances shall the City be re-
sponsible for maintenance or replacement of street
�� numbers painted on curbs .
B. Curb Painting SoZicitors; Special Registration Card.
It is the policy of the City Council of the City of Chula
Vista to restrict the business of painting street numbers
+, '; ' upon curbs , except for the occupants of the premises , to
non-profit civic organizations located within the City of
�, ; Chula Vista. All persons or organizations engaged in
painting or soliciting for the painting of street numbers
on curbs shall carry on their persons at all times for pre-
sentation to the occupant or owner of the premises a special
registration card which shall state thereon the maximum
charge for such service. Said cards may be obtained, upon
application, £rom the Chief of Police after approval has
been granted by the City Council for the curb painting � �
project. Solicitors shall comply strictly with the pro-
visions set forth hereinabove, and shall exhibit such
special registration card to the occupant when securing
the permission required in subsection A hereof, calling
attention to the maximum charge stated thereon. Failure
;� ; to comply with any of the provisions and conditions con-
r tained herein shall be grounds for revocation of permis-
sion thus granted and termination of the project by either
the Chief of Police or the City Council .
ARTICLE 2. MAINTENANCE AND REPAIR OF PUBLIC RIGHTS-OF-
WAY.
Sec. 27 .201 . Damage to Streets and Sidewalks .
It shall be unlawful for any person to use any of the
streets and sidewalks within the corporate limits of the
City for the purpose of transporting machinery or _
implements of any kind over, upon or across any of such
streets or sidewalks without doing the same in such manner
that the streets or sidewalks shall not be damaged.
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l �" Sec. 27 .202 . Irrigation Waters Prohibited.
� F' It shall be unlawful for any person owning or having ,
; charge of irrigating lands in the City to so irrigate said
- lands that waters used in such irrigation shall be cast
� upon or over or permitted to flow upon or over any of the
- x� public stri:efs , alleys or public places in the City; pro-
vided, however, that in the event of an unavoidable acci-
� dent in the process of such irrigation, whereby the water
� is uncontrollable, it shall not be deemed an offense, as
� t hereinabove described, if such water is prevented from
,`, t. flowing upon or over such public streets , alleys or public
places within a reasonable time sufficient to repair such
r � accident.
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' � Sec . 27 .203 . Obstructions Prohibited.
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� s = . It shall be unlawful. for any person owning or having
;. t charge of any properties in the City to allow vegetation
' to grow in such a manner so as to obstruct the streets,
' = sidewalks, curbs and gutters so as to interfere with the
"� `�. passage of pedestrians or vehicles or to impede the use
' ` ' of street cleaning equipment.
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?- Sec . 27 .204 . Maintenance and Repair of Sidewalks
Required.
" Any person owning, or having charge of any properties
=F in the City is hereby charged with the duty of maintain-
� ing sidewalks , curbs and gutters adjacent to or contig-
uous to said properties free and clear of all dirt, rocks ,
debris and other materials which would tend to obstruct
� � ; said sidewalks, curbs, and gutters . Said persons shall
, also be liable for the proper maintenance of street lines
' � and sidewalks , as required by Section 5610 of the Streets
1 and Highways Code of' the State of California. In the
� '' event that said persons fail to maintain sidewalks , curbs ,
gutters and streets in accordance with the requirements
; . of this section and the Streets and Highways Code of the
` { ' State of California, notice shall be given, as provided
, '� ; in this Code and/or in the Streets and Highways Code,
and in the event .that the City is required to perform such
maintenance, a lien shall be imposed to cover the cost of
such work. Said lien shall be collected as a part of the
t assessment of the regular tax bill levied against the lot
or parcel of land as provided in Section 5628 of the
' �? � Streets and Highways Code of the State of California. .
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, Sec . 27 .205. Putting Debris in Streets .
� No person shall throw, deposit or drop, or cause to be
: ,'<' .�, thrown, deposited or dropped, any dirt, debris , boulders ,
� ` pebbles , hardpan, rock, glass or any material whatsoever
�- '? <'' on any street in the City, or permit any dirt, debris,
� c pebbles, hardpan, rock, boulders , or glass to drop, roll
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or leak from any vehicle on any street in the City.
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`"� F Sec . 27 . 206 . Reserved .
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� << Sec. 27 . 207 . Storing Building Materials in Streets, etc.
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# � It shall be unlawful for any person to use any street,
i alley or public place in the City for depositing and
� - storing building materials to be used in the construction
" ' ;� of buildings or structures adjacent to such part of the
' - street so to be used for any length of time, but not more
_ than seven (7) days, without first obtaining a temporary
£ :- encroachment permit so to use such street, alley or public
; j � way from the Director of Public Works . Whenever such
;� permit is granted, it shall be deemed to be upon condition
� ,' that (1) not more than twenty feet (20 ' ) immediately in
` `` front of the building_ or structure proposed to be constructed
shall be so used; (2) the materials are easily removable
and cause no obstruction to vehicular traffic; (3) during
such construction, whenever practicable, a portion of the
.' sidewalk in front of such work shall be kept open for
public travel; and (4) , that lights , during the period of
� "� darkness , shall be placed on such material deposited in
' `' the street in such manner that they may be plainly seen
by travelers passing along such street, and afford suf-
ficient warning against danger of driving or riding into
or upon such obstruction.
� `� ' The fee for such application for a temporary encroach-
ment permit shall be three dollars ($3 . 00) .
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. �� Sec. 27 .208 . Placing Materials in the Streets, etc . ,
" ' ' Likely to Injure Tires .
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E It shall be unlawful for any person to place upon the
� surface of any street, alley or public place in the City
`: , any naiJ.s, broken glass, sharp implements , crushed rock,
; � or any other substance tending to cause injury to the
� ,�_ tires of vehicles passing along such street, alley or
f ` public place.
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: ; Sec . 27 . 209 . Removal of Obstructions .
' � - In the event that any unauthorized obstructions or
�� debris are placed upon the sidewalks , curbs , gutters or
"- ' streets, the Director of Public Works shall immediately
notify the owner of record, the occupant or occupants ,
or person having charge of the real property lying adja-
cent to or contiguous to said portion of the public right-
of-way containing said unauthorized obstructions which
have been placed thereon at any time either prior to or
. sukisequent to the effective date of this ordinance, and
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'_ being any obstruction, thing, object, material, whether
organic or inorganic, that said obstruction shall be re-
- �• moved within two (2) weeks after receipt of said notice.
� In the event that said property owner , occupant or occu-
� ' pants , or person having charge of the property shall
� `} fail to remove the obstruction within two (2) weeks ,
the Director of Public Works shall cause said obstruc-
tion to be removed and a lien shall be imposed against
� the property in the manner provided in Sections 5610
�" � through 5630 of the Streets and Highways Code of the
` ' i' State of California, and said lien shall be collected
as a portion of the regular tax assessment as provided
'! ?' in Section 5628 of the Streets and Highways Code.
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Sec. 27 .210 . Reserved.
- Sec . 27 . 211. Reserved.
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' � - ' Sec. 27 . 212 . Damage to Streets; Movement of Overweight
- Vehicles or Loads .
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; ;;_:+ 1. Purpose and Intent. It is the purpose and intent of
- the Council to permit the .controlled operation and moving
of vehicles or loads upon highways under its jurisdiction
` in excess of size and weight of vehicles allowed to be moved
>: <"" or operated on highways under the provisions of the Vehicle
- � Code of the State of California, and protect the public
= ` safety and welfare by requiring a permit and the filinq �
' '?�� of a policy of insurance protecting the public against j
, j;.'.': personal injury and property damage . :
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Sec .. 27 .213 . Overload Moving; Permit Required.
�� - F, 1. Transportation Permit Required. No person shall �
move or cause to be moved over or across any public right-
- of-way under the jurisdiction of the City of Chula Vista
' ' � any vehicle, load, truiler, or combinations thereof,
which exceed the height, width, length, size or weight
of vehicle or load limitations provided in Division 15
of the Vehicle Code of the State of California, without
; ` ; first obtaining a transportation permit therefor from
' the Director of Public Works .
2 . Term of Permit. Said permit may be designated by
the Director of Public Works as either a single-move
_ ' transportation permit for the movement of a vehicle or '
• . ; . =, load over a designated route and for a move on a speci-
. � � ` fied date or dates , or a multiple load transportation ;
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, ,-z permit issued for the period specified on the permit but �
t not to exceed six (6) months . Multiple load transporta-
��` tion permits may be issued on the type of vehicle carry- �,
' � ; ing the load in the case of nonself-propelled vehicles
'� F and on the specific vehicle in the case of the self-
� -� propelled vehicles . Multiple load permits shall author-
� ize the movement of the vehicles or loads specified on
- the permit; provided, however, that the vehicle or load
shall not exceed a width of thirteen feet (13 ' ) , a height
'. ; ; of sixteen feet (16 ' ) , or a length of one hundred feet
' (100 ' ) . If the load proposed under the multiple load
' transportation permit exceeds the weight limits as pre-
�� +r scribed in Division 15 of the Vehicle Code of the State
= of California by more than twenty-five percent (25g) ,
� ' said move shall be subject to such route restrictions
as designated by the Director of Public Works .
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3 . Permit DeniaZ. The Director of Public Works shall
not issue a transportation permit if any one of the follow-
" ing conditions exists :
1. If the overweight per axle exceeds the limits ,
. provided in Division 15 of the Vehicle Code of
the State of California by fifty percent (SOo) ;
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2 . If the move is determined by the Director of
Public Works to be prohibitive from the standpoint
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of public safety or contrary to the public interest;
" ` 3 . If the applicant has repeatedly violated con-
; ', ditions of previously issued permits , or if the
applicant has unsettled claims against him for
damages resulting from past moves .
2 4 . If the applicant has failed to obtain a permit
, r on the next regularly scheduled working day follow- i
ing interim approval for an emergency move.
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� Sec: 27 .214 . Application for Permit; Insurance Required.
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} Any person desiring a transportation permit shall make
application in writing to the Director of Public Works ,
? which application shall specifically describe the vehicle �
or load to be operated or moved, the type of permit re- �
quested, and such other information as the Director of �
Public Works may require. Thereafter, the Director of '
, Public Works may issue a transportation permit to appli-
cant when:
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i:. 1. Applicant has prov.ided the Director ef Public Works
. f with a policy 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 of California, by the terms of f
i�. ; which said insurance company assumes responsibility for
= ; . injuries to persons and property as a result o£ moving ,,
�� the vehicle or load by permittee, in the following
' amounts , to-wit: (�
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. , Fifty Thousand Dollars ($50 , 000 .00) for property �
damage;
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One Hundred Thousand Dollars ($100 ,000 .00) for "
death or injuries to two or more persons in any
one occurrence; j:
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' ^ Three Hundred Thousand Dollars ($300 ,000 .00) for
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� death or injuries to two or more persons in any
�� x one occurrence.
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f ; . Governmental agencies , including the State of California
' ' and its political subdivisions , shall not be required to
provide the insurance required by this section, but shall
; 't, be required to hold the City harmless as hereinafter pro-
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vided.
� f 2. The Director of Public Works has satisfied himself
�' : as to qualifications of applicant and that applicant has
" complied with all of the requirements of this article .
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` ' 3 . All fees provided for in Section 27 .215 have been
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paid .
`` � Duplicate copies of a transportation permit designated as
� � a multiple load permit may be obtained when the permit is
- intended to authorize the movement of more than one non-
self-propelled vehicle. Transportation permits shall be
` � carried on the vehicle whose movement is authorized by
; such permit and shall be available for inspection by any
' ' police officer or any authorized agent of the City of Chula �
- Vista. Transportation permits issued pursuant hereto shall
{ �` be nontransferable .
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� � Sec . 27 .215. Permit Fees .
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Permit fees required in this Article shall be collected
by the Director of Public Works . Transportation permit
: .;. fees are hereby established as follows :
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4 : 1 . Single move transportation permit. . . . . . . . . . . $5 . 00 '
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2 . Multiple load transportation permit for a
' � period up to six (6) months . . . . . . . . . . . . . . . . $25 .00 '
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� , ' 3 . Duplicate copies of continuing transportation ,
� permit, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1. 00
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4 . IInergency move permit fees shall be double the A
single move fee.
Governmental agencies , including the State of California
- and any of its political subdivisions, shall make applica-
tion for permits under the provisions of this article, and ,
shall be issued a no-fee permit in accordance with the
provisions herein. A contractor working for a governmental
agency shall not be considered to be acting on behalf o£
that governmental agency and shall not be exempt from the
, payment of fees . �
` An extension of the effective date or an amendment to a
single move permit may be made without payment of additional .
fees if approved by the Director o£ Public Works , provided
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- # that the request for such extension or amendment is received �
� ' , before the expiration of the permit. �
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-�.a4 Sec. 27 . 216 . Overload Moving• Regulations .
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`r., . 1. All moving operations under a transportation permit
.;�. � shall be in conformance with all general and special condi-
- tions set forth by the Director of Public Works on said
2:� permit.
;:�' 2. The permittee shall have the responsibility to ascer-
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� ,-„ tain the adequacy of the route requested for t e move.
When an over-height load is authorized (over thirteen feet,
' six inches (13 ' 6") , the permittee shall check all underpasses ,
;�; � bridges , overhead wires , and other limiting structures or
�'3;; facilities for adequate clearance. The permittee shall
notify the owners of all overhead lines or structures sub-
; ;t ject to disturbances or damage by his move and shall make
._�- ; arrangements for the temporary removal or relocation of the
=3 ; conflicting facility if required. The permittee shall bear
� y all costs for such relocation where the facility is located
'� g in accordance with State and local regulations .
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';._ ` 3 . For any move involving a load or vehicle whose ver-
�"% � tical height is twenty feet (20 ' ) or over, or whose width
?, _: •; is thirty feet (30 ' ) or more, the permittee shall submit to
,3� ; the agencies whose facilities will be affected by such move
�., �, the proposed route for approval at least seventy-two (72)
`_' � hours in advance of the move. No permit shall be issued
until clearances have been received from the power company
'� � and telephone company . Applicant shall be responsible for
obtaining such clearances .
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E 4 . Permittee shall hold the City harmless from any loss
�i �' arising out of injury to persons or damage to property re-
,'_ `� sulting directly or indirectly from the operation permitted
; ' '[ by the transportation permit, including the defense of any
>; ' action arising therefrom at no cost to City .
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:'" 5 , permittee shall provide "wide load" signs as necessary
tt t to be visible from both the front and rear of all loads in
"�' ` excess of ten feet (10 ' ) in width. Signs shall be at least
�; = three feet by five feet (3 ' x 5 ' ) in dimension; shall have ;
a yellow background with black lettering; shall spell out
"WIDE LOAD" in bold letters; and shall have an amber flasher
� `� mounted on each of the upper corners of such sign.
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��� °4 6 . In case of damage to any street or other public street
`+ z improvement by reason of the moving of any vehicle or load ,
`- under transportation permit, the City shall cause such work
,> =`' to be done as may be necessary to restore the public street
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� improvement to as good a condition as the same was in prior
:; to such damage, and shall charr,e the cost thereof to the
permittee. Such damages as occur may be recovered from the
- _ insurance required under Section 27 .214 of this article. i
- 7 . Movement of oversize loads and/or vehicles shall be
° ' prohibited during the hours of darkness (one-half hour after �
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sunset to one-half hour before sunrise) , and between the hours
. ' . of 7 :00 a.m, and 9 :00 a.m. , and 4 :00 p.m. and 6 :00 p.m. un- I
= less otherwise approved by the Chief of Police. �
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Sec . 27 .2ll . Emergency Moves . 1,��13
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For moves which, because o£ their emergency nature, re- { '
quire approval during periods other than the regularly fl�i
scheduled working hours of the City of Chula Vista, the
Director of Pub].ic Works , or Chief o£ Police, or authorized
representatives thereof, may grant interim approval for +
such moves- on the condition that a permit wi11 be acquired
during the next regularly scheduled working day . Failure �:
to acquire such permit may result in disqualification for I
� r a six (6) month period.
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Sec.. 27 .218 . Moves Excluded. ,
The requirements of this article shall not affect the �
requirements of any other article of the City Code requirinq
'„ permits , fees , and bonds , including the requirements for
- " moving and relocating structures .
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ARTICLE 3 . AUTHORIZATION FOR ENCRCACHMENT IN PUBLIC
r .'
RIGHTS-OF-WAY.
{ ,
} Sec .. 27 . 301. Intent and- Purpose .
It is the intent of the City Council to authorize the use '� �
of, or encroachment into, the public rights-of-way for cer- ;,
tain private purposes by property owners in those instances
�_ T and under such circumstances that siad use or encroachment ',�
does not interfere with or obstruct the overriding public ii�
T use for which said rights-of-way have been dedicated. It '
' �. is the purpose of the Council in adopting this article to � ';,,
� ;' . provide procedures and regulations so that such property .{�•
� owners may make appropriate �se of the dedicai:ed public �'�'
�, .
� � rights-of-way adjacent to or contiguous to their private �iE
property. � ''`
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�s` Sec. 27 . 302 . Council Authorizatiom Required. „, ,
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All encroachments in the public rights-of-way shall be + p!
authorized by resolution of the City Council , except those "^� '
! � specifically delegated to the Director of Public Works; ;�"�,
�: t provided further that the following types of encroachments +;�
are hereby specifically reserved for Council authorization : 7',;
i:��.,
Applications for permits for which the provisions of ���
this article or schedule of fees do not properly apply j ;�
shall require authorization by City Council. resolution. �
� �
, �
; In all cases requiring authorization by resolution of + 7.
' . the City Council , the Director of Public Works- shall submit .��,
`' r the application with his recommendations to the Chief
� '
Administrative Of£icer for presentation to the City Council . ; •
. Upon approval of the City Council, the Director of Public ', ,
' L� . Works shall collect the prescribed fees and issue the �,
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required permit.
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- Sec . 27 .303 . Ericroachments Authorized by Director of Public
.j ,
Works .
- The Director of Public Works is hereby authorized to issue
encroachment permits without prior authorization from the
City Council £or the installation of the following improve-
s' � � ments :
t �
i i , .,
i ,� , 1. Fences in accordance with zoning and building codes .
� f � 2 . Retaining walls in accordance with zoning and building
, codes , not to exceed five feet (5 ' ) in height.
3 . Private utility service, including telephone, gas
; r and electric, cable television, sprinkling system, private
! ` lighting system and mail box.
4 . In addition thereto, the Director of Public Works may
permit temporary encroachments in the public right-of-way
upon application for an encroachment permit and the payment
�' ` = of the fee as prescribed in Section 27 . 207 of this chapter
for the placing of materials or equipment in the public �
' right-of-way, for a period not to exceed ninety (90) days ,
' provided that said materials are of such a nature as to
be easily removable and cause no obstruction to the free
• � ;� . passage of vehicular and pedestrian traffic along the public
"4 right=of-way, and said encroachment is necessitated by
'._ : the applicant ' s construction or development of his property .
t =
: ; , All other encroachments in the public right-of-way of
any nature other than those defined as temporary shall con-
`� y stitute permanent encroachments for which permits may be
- issued and fees collected as prescribed in this chapter.
� r �� The issuance of said permits by the Director of Public Works
.�- � shall conform with the requirements of this article .
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� f
{��'.
� ; ' Sec.. 27-.304 . Encroachment Maintenance and Removal Agree-
° ' ments . ,
Applications for encroachment permits for any buildings
or structures of any nature shall be accompanied by an
encroachment application fee in the sum of Three Dollars
($3 . 00) , 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 Agreement shall be prepared
by the Director o£ Public Works and shall contain the
following covenants �vith the City of Chula Vista:
1. The encroachment shall be installed and maintained in
, a safe and sanitary condition at the sole cost, risk and
responsibility of the owner and successor in interest, who
- shall hold the City harmless with respect thereto.
_ ;.
s '< 2. The agreement is made for the direct benefit of the
; .-' property owner 's land described in the agreement, and the
, covenants therein shall run with the property and shall be
binding upon the assigns and successors of the owners .
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' = 3 ., The encroachment shall be abandoned, removed or re- , ,
r located by the property owner upon demand in writing by the �
� Director of Public Works . The property owner must remove ' i
+ ' or relocate said encroachment within thirty (30) days after
such notice or within such longer period as may be provided
( . , specifically within said agreement in the instance of build-
' ings or structures which would require a longer period to
; � effectuate such removal or relocation. If the owner fails
- to remove or relocate the encroachment within the period
• allotted, the Director of Public Works may cause such work �
� � to be done and the cost thereof shall be imposed as a lien
upon the property as provided in Section 27 . 209 of this
chapter, relating to removal of unauthorized obstructions �
� � - in the public rights-of-way .
4 . Said Encroachment Maintenance and Removal Agreement
for buildings or structures built over or upon the public
rights of way shall be recorded in the Office of the County
Recorder of San Diego County, and shall constitute an
obligation and burden upon said property, provided, however,
that said agreement encompassing encroachments authorized
by the Director of Public Works pursuant to Section 27 . 303
need not be recorded.
I
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Sec . 27 .305 . Encroachments; Fees .
' f 1. Engineering and permit fees required by this section
- shall be collected by the Director of Public Works . Such
� � fees shall be based upon estimates for the work to be con-
, � i structed, except for permanent encroachment structures to
i be built over and covering the public rights-of-way, in
= which case the estimate shall include the cost of the re- �
? t placement or relocation of the facility to be eliminated �
by the permanent encroachment structure, including the �
cost of any alteration of the facility for its protec- �
tion. The estimates shall be made or verified by the i
' i ` Director of Public Works . No permit shall be issued and
, .
no work in the public rights-of-way shall be permitted
until the fees applicable under this section have been
received by the Director of Public Works .
'�
2 , The State of California, or any of its political �,I
; , subdivisions , or any governmental agency shall file appli- „
cations for permits and shall be issued permits as required ;
by this section; provided, however, that no fees shall be ,
- required when the work is done by persons working directly
- for the State or agency . '
�,
«
3 . A contractor working for the State of California or :
any of its political subdivisions or any governmental agency .
shall obtain a permit and pay the permit fee. Permit fees
� are hereby established pursuant to the following schedule . ^
,. - (All figures shown are in dollars unless otherwise noted) : �
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6
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�' � Special �
� Estimated Private Plan Prepara- Investigation
Construc- Plan tion & Prelim- Construction Inspec- Encroachment '
' tion Cost Review inary Survey Surveys tions Only
' 0-104 10 10 10 5 10
105-144 10 12 12 6 12
145-194 10 15 15 8 15
195-254 10 19 19 lf 19
255-329 10 23 23 14 23
330-419 10 27 27 19 27
420-529 10 31 31 24 31
530-659 15 36 36 30 36
660-809 15 41 41 37 41
810-989 15 45 45 45 45
990-1209 15 50 50 50 50
4 - , 1210-1479 15 55 55 55 55
1480-1819 20 61 61 61 61
� � 1820-2259 20 67 67 67 67
' � 2260-2699 20 73 73 73 73
2700-3139 20 78 78 78 78
- 3140-3579 20 83 83 83 83
3580-4059 20 88 88 88 88
4060-4579 25 92 92 92 92
4580-5139 25 98 98 98 98 •
� � 5140-5739 25 104 104 104 104
5740-6339 25 110 110 110 110
6340-6979 30 116 116 116 116
' i ,- 6980-7659 30 122 122 122 122
' � ` 7660-8379 30 128 128 128 128
� � 8380-9119 35 134 134 134 134
9120-10 ,000 35 140 140 140 140
, ' f . . over 10 ,000 0 .35$ 1. 40 1 . 4� 1. 4� 1. 4g
`_ � Special investigation application fees are. not refundable.
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- Sec . 27 . 306 . Refunding of Permit Fee, i
In the event a permit fee refund is requested by permittee, �
;� and the Director of Public Works has determined that it is �
in the public interest to allow the permittee to abandon the �
r work, the Director of Public Works shall cancel the permit �
's . and refund the unusued portion of the fee, but no more than
- ninety percent of the Plan Preparation & Preliminary Survey „
Fee, and ninety percent of the Inspection Fee, if no work
has been done by the Engineering Department. �
� -
� Sec. 27 .307 . Bond Requirements .
Every person constructing buildings or structures as �
encroachments in the public rights-of-way shall provide a
� performance bond as required by Sections 27 . 402 and 27 . 403 . ,
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No performance bond, under the provisions of this ��
article, shall be required for the construction of those
encroachments for which authorization has been specifically
delegated to the Director of Public .Works and for which
he has authority to issue a permit as set forth in Sec-
tion : 27 .303 .
� ARTICLE 4 . CONSTRUCTION OF PUBLIC IMPROVEMENTS IN THE
PUBLIC RIGHTS-OF-WAY.
Sec .. 27 . 401. Application and Performance Bond.
Every person, other than subdividers authorized pursuant
f to subdivision improvement agreements , constructing public
improvements in the public rights-of-way shall present an
application and performance bond to the Director of Public
Works.. Said work shall be undertaken by a properly qualified
contractor, licensed under the laws of the State of California;
; provided, however, that in the case of encroachments being
constructed in the public rights-of-way which do not affect
public improvements either requiring the construction, re-
construction or relocation thereof , may be performed by the
� � property owner as provided in Article 3 of this chapter.
The application shall be filed on forms provided by the
Director of Public Works and shall contain assurances or
stipulations that the applicant is such a licensed contractor
and that he will construct all work or improvements in a
good and workmanlike manner and in strict conformity to the
� _ . provisions of this article and the standards and specifica-
i tions adopted by the City of Chula Vista as presently exist-
� ing or as same may be amended . Said application for the
construction and installation of public improvements by
private contractor meeting said qualifications shall be
i ` accompanied by a performance bond of the nature and in the i
amount set forth in Sections 27 . 402 and 27 . 403; provided, `.
however, the following are exempt from the requirements of
depositing said. performance bond : ��
1. No performance bond, under the provisions of this �
' r article, shall be required from the State of California or �
any of its political subdivisions or any governmental agency . 3
, 2 . A contractor working for the State of California, r
or any of its political subdivisions or any governmental �
agency shall present a performance bond unless proof is
submitted that the work is covered by a bond inuring to `
� the benefit of the State or agency . �'
' ;�
' The application fee shall be the sum of Three Dollars ��
' ($3 .00) . ;i
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z Sec. 27 . 402. Private Contract Performance Bond Required. V� I�
z I
� Persons performing private contract work under a permit j' �`
` issued in accordance with this article shall furnish a bond , ��
or cash deposit in accordance with the following provisions . �: �'
Said performance bond shall be issued by a surety company �
authorized to do business in the State of California, and
shall be approved as to form by the City Attorney . The bond
shall be in favor of the City of Chula Vista and shall be
conditioned upon the completion, free of liens , of the work ? .
- authorized by the permit in accordance with the requirements 'i
of this article and the conditions prescribed by the. permit. ,
1. That all such work to be done and improvements to be '
made shall be done and made to the official grade and accord-
ing to the specifications therefor as prescribed by the ord-
inances of the City in force at the time of making such
improvements or doing such work; that when such improvement �
or work consists of or includes sidewalk, that portion of
the sidewalk not paved shall be graded to the official grade;
'>� that all debris and surplus material shall be removed from
the street upon the completion of such work or improvement.
Every bond executed under the provisions of this section �.
shall inure to the benefit of the City, and to and for the �
� � benefit of all persons who may suffer damage by reason of
the breach of any of the conditions thereof and any person
so damaged may bring suit upon such bond in his own name . '
No such bond shall be void upon the first recovery thereof ,
� f but suit may be afterwards brought from time to time and
� ` judgments may be recovered thereon by the City or any per-
; � son to whom a right of action has accrued against the
��. principal and sureties of this bond until the whole penalty
; � of such bond is exhausted. �
-
2 . That in the event any person giving such bond, or
t` his assigns , shall fail to procure or comolete such work `,'.:
_ �� according to this article and the specifications contained ���
in the ordinances of the City governing such work, and in �'
�f accordance with the contract, or to grade the unpaved por-
` i.` tion of the sidewalk to the official grade thereof, or shall ,�: �
E � fail to remove the debris or surplus dirt upon completion of !�
such work, the street department , or the person owning the ';j
: �j property fronting upon the street or other public place ��
where the work is contracted to be done, may do or complete ' 'i;'
- such work according to the contract and the specifications • �;�•
in force at the time such work is done, and may remove the � �i�'
debris and material from the street, as the case may be,
' `- and such person giving such bond, and the sureties thereon, +�;
' s
shall be liable to the City, or to the person causing the ' �'
, work to be completed, in a civil action upon such bond for 4
, � the costs and expenses necessarily incurred in connection i
with the completion of such contract and the removal of such ' •
debris and surplus material.
! ; 3 . The bond shall be conditioned upon the payment to the • +4
City of any costs incurred by the City in completing the ;i,�
required work or in employing a private contractor to com- j•
plete such work . Whenever the Director of Public Works finds ''
that a default has occurred in the performance of any term �'�
or condition of work authorized by a permit, he shall give ���
written notice of such default to the principal and surety '
of the bond. Such notice shall state the work remaining to ii •
be done, the estimated cost of completion and the time ' '
estimated by the Director of Public Works to b"e necessary ����
for the completion of the work . After receipt of such notice, (i
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the principal or the surety must, within the time specified, �
either complete the work satisfactorily or deposit with the �
City of Chula Vista an amount egual to the Director of Public
Works estimate of the completion cost plus an additional sum
- equal to twenty-five percent (25B) of such cost.
r . ;
4 . 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 twenty-five per-
cent (25�) with the City, the Director of Public Works may
cause . the required work to be completed . The principal and
the surety shall be liable for the cost of completing such
work .
5 . If the principal or surety deposits the estimated
, cost plus twenty-five percent (258) as set forth in the notice,
the Director of Public Works shall cause the required work to
be completed. The unexpended money shall be returned to the
depositor at the completion of such work, together with an
itemized accounting of the cost. The principal and surety
shall hold the City blameless from any liability in connec-
tion with the work so performed by the City or the contractor
employed by the City. The City shall not be liable in con-
nection with such work other than for the expenditure of
said money .
6 . In lieu of a surety bond, the permittee may post a
cash deposit with the City Finance Officer in an amount
equai to the required bond. Notice of default as provided
� ' above shall be given to the principal and if the default is�
not corrected within the time specified, the Director of
Public Works shall proceed without delay and without further
notice of proceedings whatever to use the cash deposit or
' � any portion of such deposit to complete the required work .
� t; The balance, if any of such cash deposit shall, upon com-
pletion of the work, be returried to the depositor or to his
- successors or assigns after deducting the cost of the work. �
5 �
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;; �. Sec. 27 . 403 . Type and Amount of Performance Bond Established . � �
a ��
. j : 1. The performance bond may be for a specific private �
contract or an annual and continuing bond may be filed with �
the City covering the costs of several private contracts .
; �. The amount of the bond covering a specific job shall be �
� based on the amount of the estimate submitted by the per- I
son doing the work and approved by the Director of Public
Works. and in accordance with the schedule in subsection 2 �
, ' of this section. An annual and continuing bond may be in
an ambunt of $1, 000 .00 , $2 , 000 . 00 , $3 , 000 .00 , $4, 000 .00 , I
$5 ,000 .00 , $10 ,000 .00 or any larger amount in multiples �
, of $5 , 000 .00 . This bond shall qualify the contractor to '
, - do work for which the aggregate total of bond amounts as �
� determined from the schedule in subsection 2 of this sec- I
tion and approved cost estimates of work in progress shall �
not exceed the amount of the bond. Annual and continuing ��
bonds shall have a non-cancellation without notice clause.
� . 2. The bond or cash deposit amount shall be based on an
estimate of the cost of the work approved by the Director
of Public Works and in accordance with the following
schedule :
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,` �� " Public Improvements . . . . . . . 110� of cost estimate �
,. .
� ? ' Encroachments . . . . . . . . . . . . . 1108 of cost estimate
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3 . Bonds shall be filed with the City of Chula Vista.
3 . .
, 4 . Notice of cancellation shall be sent to the City of
Chula Vista.
, 5. In lieu of said surety bond, a cash deposit in the '
amounts indicated may be deposited with the City of Chula
Vista.
_ Sec. 27 . 404 . Reserved.
�
�t � , Sec . 27 . 405. Standards and Specifications . �
� - All public improvements constructed in the public rights-
; ', of-way shall conform to the standards and specifications as
� adopted by the City of Chula Vista, as presently existing or
- as they may be amended from time to time .
Sec. 27 . 406 . Specific Improvements ; Installation of
Driveways; Permit Required .
� No person shall cut, break or remove an existing sidewalk :�
or curb for the installation of a driveway or any other pur- ,
pose without first obtaining a permit therefor from the
Director of Public Works . No oermit shall be issued to re- ,
x' move any curbing unless a concrete driveway between curbing
� . :
and sidewalk is to be installed.
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Sec. 27 .407 . Reserved. ,
� ' � . Sec .. 27 . 408 . Installation of Driveways; Specifications
, and Regulations .
The Director of Public Works shall grant the permits re- _
' quired by. this article for the installation or construction
of driveways or the cutting, breaking or removal of any
', ' curbs or sidewalk, and such permits shall be subject to the
�. . . following conditions : r
i �
l. Maximum Width; CeneraZly . The maximum width of any
' driveway, other than a commercial driveway, shall be not F
more than twenty-five feet (25 ' ) , as measured at the top t
of the curbing. �R
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2. Maximum Width; CommerciaZ, Industrial. Maximum width
of any commercial or industrial driveway shall be not more
r than thirty-five feet (35 ' ) as measured at the top of curb-
ing.
3 . Minimum Distance. Minimum distance between driveway
on any single property shall be twenty-two feet (22 ' ) .
4 . Driveway Frontage. Not more than forty percent (400)
? of the frontage upon any street of any lot or parcel of
land which is used for residential purposes or sixty percent
(60�) of street frontage in a "C" Zone or Industrial Zone
shall be devoted to driveways .
5. Location. No driveway shall be located so as to
interfere with intersecting sidewalks , traffic signals ,
. :
lampposts , fire hydrants, or utility poles . ,
6 . Concrete Specifications . All concrete work shall
, � �' be done in accordance with the standards and specifications
adopted by the City Council as presently existing or as
they may be amended from time to time .
7 . Gutter Obstruction. No driveway shall be constructed
'= so as to cause a gutter obstruction.
8 . Grade. Applicant shall construct the driveway to
an official grade in accordance with the latest revisions
. of the standards and specifications adopted by the City
. � ' Council as presently existing or as they may be amended
i from time to time .
� � 9 . Safety during Construction. Applicant shall maintain
" i the premises in a safe manner and shall provide adequate
barricades and lights at his own expense to protect the
safety of the public using adjacent streets or sidewalks ,
and shall hold the City free from any damage resulting
� "� from said construction.
� ; :
' 10 . Removal of Debris . All debris and surplus materials
; - shall be promptly and properly removed upon completion of
the work by the applicant.
_ �
Sec. 27 . 409 . Installation of Driveways; Specifications
� and Regulationsj Exceptions .
The City Council may, in special cases, by resolution,
order the issuance of a permit to construct and maintain
driveways in excess of the limitations contained in sub-
, sections 1, 2 and 3 of Section 27 .408 . Applications for
, _ such special permits shall be made to the Director of Public
Works who shall recommend to the Council the granting or
denial of the same. A non-refundable fee of ten dollars
($10 .00) shall accompany each application for such special
permit. No application shall be considered unless such
� fee shall have been paid .
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Sec. 27 . 410 . Removal of Abandoned Driveways . ��
` It shall be unlawful for any property owner, occupant �'
' or occupants , or person having the charge and care of any
property to maintain upon such property, parcel or premises
an abandoned driveway . An abandoned driveway shall be
defined as any driveway which does not serve the purpose
� '; of affording ingress and egress to the subject property or
premises . Any abandoned driveway shall be removed and the
curbs and sidewalks shall be properly restored to conform
to the condition of curbs and sidewalks adjacent thereto
by said property owner, occupant or occupants , or person
having charge or care of such property . The Director of
Public Works shall cause a written notice of such abandoned
driveway to be delivered to said responsible party, and
in the event that the driveway has not been removed and
the curb and sidewalk properly restored, said work shall
be undertaken by the Director of Public Works and a lien
imposed in the manner provided in Section 27 . 209 of this
chapter relating to the removal of obstructions in public
rights-of-way, including the use of adding the amount of
` ' said lien to the tax assessment on said property as the
j � method of collection.
t �
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; . Sec. 27 . 411. Reserved .
: .
� z; Sec. 27 . 412 . Reserved.
Sec. 27 . 413 . Reserved.
x .
� � Sec.. 27 . 414 . Interpretation of Article .
s -
t =. The provisions of this article shall be interpreted as
; . imposing additional requirements and restrictions, and not
3 as repealing existing laws relating to the same subject
matter . Where this article imposes a greater restriction i'
on the construction of sidewalks , curbs or gutters or the
granting of permits and licenses therefor than are imposed
or required by other laws, the provisions of this article
i shall control. •
,.
' Sec.. 27.. 415 . Violations of Article. �
�
'' Any person violating any of the terms , requirements , ,
regulations or provisions of this article, or wilfully
making and subscribing to any statement which is false �
. or untrue as to any material matter contained in any
- application or report required by this article, sha11 '
I. ' be guilty of a misdemeanor .
,
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ARTICLE 5. JU�TIONEWITHTBUILDINGICON6TRUCTZONN CON-
Sec. 27 •501. Pur ose and Intent.
Council of the City of Chula Vista finds that
The City often encourages or forces
lack of sideweSkeciallynscho llchildren, to walk in the
pedestrians , P sub �ected to the hazards of vehicular
streets , thus being � season, waters create incon-
traffic, and durinq the rainy
a hazard to the health uadeswidth
veniences constituting hways of inadeq
of pedestrians; streets and hig
and design hinder vehicular moveofnusers;ethetlackeof
hazard to the health and safety roved alleys results
curbs , storm drain facilities and imp
htinq contributes to the
in poor drainage and a collection of filth and waste mat er ;
uate street lig ersons and property;
and the lack of adeq on the rights of p
criminal infringement up found and declared to
therefore, such conditions are hereby of the inhabi-
be dangerous to the public health and safety
It is the purpose of the City osenreason-
tants of the City . to imp
in adopting the provisions of this article , rovement upon
able requirements of dedication anedsinetheldevelopment and
individuals and corporations eng g
s or structures which th�d of
construction of new buildongthe existing public rig
make increased" demands uP ublic health and safety .
Way and streets and highways in the City of Chula Vista,
thereby increasing the danger to the p
It is the intent of the Council to extend the basic require-
ments of the Subdivisi•on Map Act of the State of California
standards and requirements for street ment
by establishing it is the
cation and improvement in connection with land deve oP
read the costs of public improve-
in which no subdivision is involved . Furt er ,
purpose of the Council toro erty in an equitable manner and
ments upon all abutting p P rovements required by
to cause the instalTOteT{y aboutstolbe developed at the time
to serve p p Council sha11 require, in
the City ment. The City the dedica-
of .its develop rovisions of this articleincluding streets ,
accordance with the P hts-of-way,
tion of portions of the Public rig and construction
highways , alleys and storm drain favinitcontiguous to the i
of curbs , gutters , sidewalks and p 4 ,
property from the property line to the center line of the
public rights-of-way , and storm drain facilitiesofndhetbuild- �
lighting as necessitated by the nature and tYP I
ing or structure being constructed and the use to which �e '
ut. The nature and extent of the dedica- f
property is being P uired pursuant to this article shall (
tion or improvements req that the proposed development or �
ose a burden �
be limited to the dang add or imp I
construction will tend to creaoflthe City of Chula Vista. �
' upon the public rights-of-way j
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Defin_ i�°=5 ' '
3, Sec .. 27 .502. ;
r, For the purposes of this article, the following words `
� and phrases shall have the meanings respectively ascribed
' to them by. this section. ,
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? ? �' "Alley shall mean a public or private way, permanently
; .`'�- reserved as a secondary means of access to abutting property.
� ..
_ ` "Building or structure" shall mean any building or
� ; ' structure of which the cost price of erecting the same is
'> . in excess of five thousand dollars ($5, 000 .00) , or any
building or structure moved or installed upon property
�i� � for residential, commercial and industrial use, or such
�t building or structure for use as a place for the assemblage
of persons .
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;� ; Sec . 27 . 503 . Requirements for Dedication.
M
} No building permit shall be issued for the erection,
u `� construction, enlarging, altering, repairing, improving,
f converting or relocation of any building or structure as
i herein defined in the City of Chula Vista until the owner
;, of the parcel or property upon which the building or
>�:� structure is to be situated shall have provided, by means
of an of£er of dedication or other appropriate conveyance
�� - as approved by the City Attorney, a dedication of any
necessary street, highway, or alley right-of-way as shown
`+ � . or designated as being necessary on the adopted State
� ', Select System, the street and highway element of the
General Plan of the City of Chula Vista, or upon any
specific plan adopted by the City Council of the City of
Chula Vista, as such may presently exist or as they may,
�� : from time to time , be amended. Said dedication of addi-
- tional street, highway, or alley right-of-way is required
in order to properly align curb, gutter, sidewalk or paving
with the existing or planned improvement in the same block �
frontage in accordance with said Select System, General
, � Plan or speci£ic plans . In addition, the City may require
;. i the dedication of necessary rights-of-way for storm drain
facilities in order' to properly align said facilities with
existing or planned storm drains in conformance with the
adoptecl General Plan or specific plans and studies as
approved by the City Council of the City of Chula Vista;
, provided that such dedication shall not be required in the �
�` ' R-1 or R-2 zones unless fifty percent (50�) or more of the �
i ; street or alley-way in the block in which the subject
' property is located has been previously dedicated . . �
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" Sec . 27 . 504 . Requirements for Installation of Public '
Improvements .
Ever erson erectin �
. Y P g, constructing, enlarging, alter-
ing, repairing, improving, converting or relocating any '.
, ; building or structure as de£ined herein in the City of '
. `>' Chula V3sta shall install, prior .to the completion of such
' building or structure, in conformity with the provisions �
' of this article and other ordinances of the City of Chula
'� Vista, sidewalks , curbs and gutters , pavement in streets, �
' highways and alleys from the gutter or eclge of travelway, '
, ; if no gutters have been required, to the centerline or such �
f - portion of major streets as are required for subdivisions, '
� F .
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i � and necessary drainage facilities and lighting structures .
�. Al1 public improvements required pursuant to this section
shall be installed in accordance with standards and specifi-
i cations adopted by the City Council of the City of Chula
; Vista', and in conformity to the State Select System of
i Streets and Highways , the circulation element of the General
�� Plan of the City of Chula Vista, and any specific plan adopted
° by the City of Chula Vista; provided, further, that street
t lighting, including ornamental street lighting shall be in-
r stalled in those cases where specific plans have been adopted
z or where adopted standards of lighting are in existence
� . which would require the installation of additional lighting
`r - units .
� ` The permits required for the construction of said public
improvements shall be secured prior to the placing of any
; ` Portland cement concrete in connection with the construction
� � or erection of any building or structure; provided, however,
� � that the placing of said Portland cement concrete may be per-
mitted upon the acceptance of an appropriate acknowledgment
- of the nature and extent of the obligations contained in
� this a.r�icle, guaranteeing compliance with the requirements �
'- contained herein prior to the completion of said building
�. .
�� .. or structure. .
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;- - Sec. 27 . 505. Completion Certificate; Certificate of
1 Occupancy .
r ;: '
No final inspection, Completion Certificate, or Certifi-
cate of Occupancy shall be issued for any building or struc-
ture installed or erected after the effective date of this
` ordinance until complete compliance shall be had with the
- ! terms and requirements of this article . ��
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��. Sec. 27 .506 . Waiver of Requirements for Public Improvements . �'
5 , ' ;�
� The property owner or his agent may apply to the Planning �"'
Commission for a waiver of the requirements of Section 27 . 505
in circumstances and conditions including but not limited to i�
the following: ,
;
1. Where adequate improvements of the nature and type ;
required already exist. �I
.
2.' Sidewalks may be waived where the topography is such
, that the installation of sidewalks would be impractic-able. ;;
�
� 3 . Where the street or alley, for practical reasons , has �
� not or cannot be readily graded to the established grade.
�
4 . Where installation of sidewalks would be hazardous to
' pedestrians because of grade.
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; 5. Where the City Council has, by resolution, in conjunc- �
� '; tion with the development of a subdivision or otherwise, '
-� , waived or modified the requirement of curbs, gutters , side- �
walks , paving or dedication, or any combination thereof,
,�' which resolution shall include a finding that due to the
- � : nature of the topography. or development in the area, the
� ; ' installation of said improvements would not be feasible or
; ' consistent therewith .
r
� In the event that the Planning Commission shall deny the .
request for . a waiver of said improvements , the property
owner or his agent may appeal said denial to the City Council
� of the City of Chula Vista, by filing said appeal with the ,
.� City Clerk of the City of Chula Vista within ten (10) days
from the date of such ruling of the Planning Commission.
The Council shall thereupon, at their next regular meeting,
or at such time thereafter as they may designate, consider
the. waiver of such requirements, in accordance with the cir-
cumstances and conditions set forth herein, orovided such
. ! ` findings shall be made by resolution of the City Council .
� ,
•, ., If the City Council shall fail to act upon said appeal with-
iri twenty (20) days of filing the appeal, the waiver shall
be deemed to be approved .
' If the erection of new structures as contemplated by this
article is to be undertaken in subdivisions approved by the �
City Council wherein sidewalks have not been required as a
•� � condition of the map and have purposely been omitted, no
�` . application for waiver or deferral shall be required .
? ,
Sec.. 27 . 507 . Deferral of Requirements for Public Improve-
' ments .
' � i
In the event that the installation of all or any of the
improvements required by Section 27 . 504 would, if presently
installed, create a hazardous or defective condition or be
'= impractical, or if said installation of any or all of said �
' improvements would be incompatible with the present develop-
ment of the neighborhood or be impractical or premature be- �
cause of the existing condition of the surrounding property, t
or that it would be desirable to install said improvements ;
� 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 Planning Commission for a de£erral '
of the requirements of this article, stating the grounds ,
and reasons therefor . �
' If the Planning Commission, in its discretion, feels '
that such grounds or exceptions are reasonable and that the
requested deferral should be granted, the Planning Commission
may exempt such applicant from the requirements of this I
article, subject to the conditions set forth herein. Any
exceptions to the requirements for the installation of i
public improvements may be limited to a specified period �
of time by the Planning Commission, or may be subject to I
• the determination of the Director of Public Works as to the
time at which said improvements should be installed. In ;
the event that the improvements are deferred, the property
owner shall deposit with the City a sum equal to the estimated
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�s cost of the improvements plus ten percent (10�) of such ,�
cost, or in lieu thereof, shall post a bond in said ,�
' amount as approved by .the City Attorney. If it is '
p determined that the requirements for the installation �I
' of said public improvements will not be necessary with-
` � in a reasonable and feasible time period, the property
owner may grant to the City, in lieu of said cash de-
�,i `- posit or bond, a lien upon his property in an amount
estimated by the Director of Public Works to be suf-
ficient 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
the 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 ex-
r tinguished 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 27 . 204 .
The Planning Commission may, from time to time, extend
the period of deferral; however, such extension o£ time
shall be conditioned upon the continued effectiveness of
a valid cash deposit, bond or lien, as established herein.
: The applicant for a deferral of such improvements shall
pay a fee in the amount of fifteen dollars ($15. 00) to
cover the cost of investigation and processing of such .
requests .
;' 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 27 . 506 .
�
ARTICLE 6. EXCAVATIONS IN PUBLIC RIGHTS-OF-WAY.
Sec.. 27 . 601 . Notice to be Given. �
It shall be unlawful for any person to excavate or •
cause to be excavated any hole, trench or ditch in any
street, alley or sidewalk within the City limits of the '
3 � City of Chula Vista without .first having notified either i
the Department of Public Works of the City between the ,
hours of 8 : 00 a.m, and 5 :00 p.m. , or the Police Depart- �
ment before 8 :00 a.m. and after 5: 00 p.m. , of their inten-
tion .to do so, stating the time and place and approximate
• � duration of such excavation. Where the place of ezcava-
tion is not specifically fixed by a franchise or permission,
- the place shall be designated by the Director of Public
' Works or the superintendent of streets and the work done
• under the direction of such individual .
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Sec . 27 . 602. Regulations; Generally .
1 . Work to be Done Expeditiously . Any work of excavating
the streets, sidewalks, alleys or public places of the City
shall be done with all possible expedition. �
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� = ,. 2. Placing of Poles . All poles shall be placed and set,
'' and all excavations made so that the same shall discommode
' adjoining property owners and the general public as little as
;��� , possible.
i . .
. 3 . Barricades and Lights . It shall be unlawful for any
person to excavate or cause to be excavated any hole, trench
or ditch in any street, alley or sidewalk within the City
i ` limits of the City without maintaining barricades on such
hole, ditch or trench with adequate lights and other warnings
to the public of the location of such hole, trench or ditch .
i- ' All such excavations shall at all times be safely guarded
against the possibility of persons, vehicles or animals or
� other property being injured by the same.
;
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• Sec . 27 . 603 . Return of Area to Original Condition.
1 . GeneraZZy . All ditches , trenches or excavations shall
be refilled and replaced and the street, alley or sidewalk
shall be placed in the same condition it was prior to such
' ` excavation to the satisfaction of the Department of Public
Works :
2 . BackfiZling. All excavations in the public streets ,
alleys , sidewalks or other public places in the City shall
be backfilled without undue delay. Backfilling shall be
accomplished in accordance with standard specifications as
- approved by the City Council of the City of Chula Vista .
3 . Repaving. All excavations in paved surfaces shall
be repaved in accordance with said standard specifications .
,': ; Any person so repaving an excavation shall inspect the same
after thirty (30) days has expired to detect and to correct,
at his own expense, any settlement. If, in the opinion of
the Director of Public Works, a seal coat of bitumuls and
screenings is necessary, the same shall be applied at once
by any person so repaving such excavations at any time
within two (2) years after repaving is completed .
„ .
� Sec . 27 . 604 . Bond Requirements .
Any person, other than a public utility, or persons who
have obtained permits pursuant to Articles 3 , 4 or 5, who
_ shall apply for a franchise or permit to cut or excavate a
surfaced or paved street, alley, public place or sidewalk
for any purpose mentioned in Section 27 . 702 shall post
with the City a good and sufficient surety company bond
• or a cash deposit in an amount equal to twice the estimated
cost of replacing such surfaced or paved street, alley,
sidewalk or public place in the same condition as before
the same is excavated or cut, to insure and to guarantee
, all cost of replacing such surfacing or paving in the
� same. condition as before the same was cut or excavated and
in the manner provided for in Section 27 . 603 , and to in-
sure and guarantee the cost of maintaining such surfacing
or paving for a period of two (2) years from the date the
same is replaced . The Director of Public Works shall de-
termine the amount of such bond in accordance with this
section, and his determination o£ the estimated cost of
replacing such surfacing or paving shall be final.
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Any general contractor, licensed by the State and the �
� City may, in lieu of posting a bond for each job as above ;
provided, post a cash deposit or a blanket bond in the
sum of four thousand dollars ($4 , 000 .00) issued by a
�� � surety company acceptable to the City and approved by
s ; the City Attorney, which, by its terms , is made to
" = guarnatee the replacing and maintenance of such surfaced
' streets , alleys , sidewalks of public places as above
'� provided, and which shall, by its terms , not be subject
3" to withdrawal or cancellation without the consent of the
4= Council until two (2) years have expired since the last
job performed by such contractor involving excavations
r in such surfaced streets, alleys , sidewalks or other
' public places has been completed .
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� ARTICLE 7 . PUBLIC UTILITIES IN PUBLIC RIGHTS-OF-WAY.
'- ` ` Sec. 27 .701. Franchise Required.
3 .
4� It shall be unlawful, without first obtaining a franchise
_ _ therefore from the City Council, or having a valid franchise
f heretofore granted by the City, for any person or public
utility, their agents or employees , to use, connect, install,
keep or maintain any meter, or to measure any service, or
; . to enter into a contract, agreement, promise or under-
standing with any consumer or person to sell, furnish, trans-
mit or carry any service to such consumer or person; or to
make any charge or debit, or to render any bill or state- �
ment for _any service; or engage in the business of a public
utility for any service.
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;: Sec. 27 .702. Use of Streets ; Defined. �
r �
_ It shall be unlawful, without first obtaining a permit
therefor from the Director of Public Works or a franchise _ �
therefor -from the City Council, or having a valid franchise .
heretofore granted by the City for any person or public �
utility, their agents or employees , to place, string, lay,
erect, maintain, keep or use any pole , wire, pipe or equip-
ment, in, on, upon, over or under any street, avenue, alley
or public place in the City for any of the following uses '
or purposes , which are herein defined for the purpose of
• this article as "services" :
1. For transmitting electricity for light, heat, power
� communication, or for any other use or purpose. �
' � 2. For transporting or piping gas for light, heat,
; power, or for any other use or purpose. '
� .
3 . For a sewer for carrying sewage.
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4 . For water or carrying water, or for any other use,
purpose. or service whatever .
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+ � Sec . 27 .703 . Services Delivered via Public Ways Subject ��
g . Subject to Franchise Tolls . ��
,
; All electricity, gas , or other service furnished, sold, !,
`` . transmitted or delivered to any person or consumer thereof,
'; � through the use of the public streets , alleys , avenues or
other public places in the City, or through the use, opera-
�x • ' tion or possession of a franchise, shall be deemed and held
to be sold, transmitted or delivered solely for the uses or �
purposes, or service or services , for which any franchise
was granted, regardless of the use or purpose for which such
,, ` electricity, gas , or other service or part thereof may be
� �� devoted by any person or a consumer thereof, and the fran-
- chise toll for the use of such public streets , alleys,
avenues or other public places shall be paid thereon, and
, ,, „ the gross receipts therefor shall be included in the state-
ment furnished to the City and deemed to be gross receipts
arising from the use , operation or possession of the fran-
�; � chise, and the tolls must be paid thereon.
Sec. 27 . 704 . Reserved .
- Sec. 27 . 705. Reserved .
, Sec . 27 . 706 . . Reserved.
Sec . 27 . 707 . Public Telephones in Public Rights-of-Way.
Purpose and Intent. It is in the public interest that
public telephones be placed on the public sidewalks of the
City of Chula Vista at locations to be approved as provided
- in Section 27 .708 of this article. Such telephones will,
among other things , aid fire protection, the prevention and
detection of crime and the reporting of accidents and other
emergencies . Such telephones will also be a convenience to
- the public . When so located, such telephones will not un-
reasonably interfere with the rights of the public to use
� such sidewalks and will be consistent with their dedication
to the public . I
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Sec. 27 . 708 . Permits Required .
Issuance . The Director of Public Works is authorized to
r issue permits from time to time to the serving telephone
company for the installation and maintenance of public
telephones on the public sidewalks of the City of Chula
Vista. . The Director of Public Works shall approve the
� number and location of such public telephones so as to
� best serve the pui�lic interest.
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� � Sec . 27 .709 . Permits; Contents . �
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Permits issued pursuant to Section 27 .708 shall include
s �, the following provisions :
f . 1. The permittee shall maintain the public telephones
and any associated booths in good repair and safe and sightly
condition at permittee ' s expense and to the satisfaction of .
the Director of Public Works .
2 . The permittee shall save the City of Chula Vista
harmless from any and all losses , claims or judgments for
damages to any person or property arising from the installa-
� tion, maintenance or presence of the public telephones .
3 . The permit shall be revocable on thirty (30) days '
prior written notice to the permittee from the Director of
; Public Works , in which event the permittee shall, at its own
� expense, remove the public telephone or telephones installed
r pursuant to the permit and shall restore the sidewalk as
�s . nearly as practicable to its condition prior to such instal-
lation.
, Sec . 27 .710 . Violations of Article .
Any person or public utility violating any provision of
this article shall be deemed guilty of a misdemeanor and
each day 's continuance of any such violation shall consti- '
- tute a separate offense.
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ARTICLE 8 . STREET TREES AND SHRUBS IN PUBLIC RIGHTS- ,
OF-WAY .
;� Sec. 27 . 801 . Purpose and Intent; Definitions . ��
; . . �
Purpose and Intent. It is the purpose and intent of the
Council to establish rules and regulations to control and
protect planting within the public rights-of-way in the
City of Chula Vista. Such regulations shall include pro-
visions £or the planting of street trees and other land-
scaping materials , as well as provisions for care,trimming
and preservation of all vegetation within the public rights-
of-way.
• Definitions . For the purpose of this article, the words
• . and phrases contained herein shall have the meaning respec-
' tively ascribed to them by this section :
"City" shall mean the City of Chula Vista, acting by and
. through its authorized representatives .
"Hedge" shall include any plant material, shrub or plant
when planted in dense, continuous line of area so as to
form a thicket or barrier .
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' "Person" as used herein shall mean individuals, firms,
� ' associations and corporations and agents , employees ; or ,
' ' ' representatives thereof .
,.� .
� � "Plant" shall include all other plant material, non-woody,
' annual or perennial in nature, not necessarily hardy.
j
"Shrub" shall include any woody perennial- plant, normally
low, several-stemmed, adaptable to .shaping, trimming and
pruning without injury, within the area planted.
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� "Streets " shall include all land lying between the
boundaries of property abutting on all public streets,
� boulevards, alleys and walks .
� "Street tree" shall include any woody perennial plant
having a single main axis or stem commonly achieving ten
feet (10 ' ) in height and capable of being shaped and pruned
� to develop a branch-free trunk at least nine feet (9 ' ) in
height.
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' � ; Sec . 27 . 802 . Jurisdiction and Authority.
The Director of Public Works shall exercise jurisdiction
and control over the planting, maintenance, care and removal
- " of trees or plants in all streets or other public rights-of-
way in- the City of Chula Vista, and shall have such power,
authority, jurisdiction and duties in relation thereto as
prescribed in this article. Street tree planting shall be
undertaken in individual lots or in subdivisions by the
`- owners thereof in accordance with rules and regulations
and the standards and specifications as recommended by the
" Director of Public Works and adopted by the City Council of
' ; � the City of Chula Vista.
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' Sec. 27 .803 . Approval o£ Planting . �
, No tree, palm, shrub or plant shall be planted in any �
, '-� of the streets or other public rights-of-way of the City
; of Chula Vista until the Director of Public Works shall �
have first approved the kind and variety, designated the
location . therefor, and granted the permit for planting the
• , same.. The person obtaining such permit shall comply with '
all of the terms and conditions thereof .
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Sec.. 27 . 804 . Application for Permit; Review.
.,
� Any person desiring a permit as required by this article
� shall make application therefor in the office of the Director
of Public Works , on forms provided by that of£ice. The
application shall be reviewed with all interested City
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departments regarding such items as effect on utilities ,
curbs and sidewalks , potential hazard to traffic through
impairment of visibility at street intersections , etc. , and
; , after such investigation and review, the Director of Public
, ' Works may approve, conditionally approve or disapprove the
' application.
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Sec. - 27 , 805. Reserved .
5
i . Sec . 27 . 806 . Reserved.
Sec. 27 .807 . Planting Restrictions .
Shrubs or plants attaining more than two feet (2 ' ) in
height may be planted in the public rights-of-way, pro-
vicled that:
1. They are not planted within thirty feet (30 ' ) of any
intersection; and
k ' 2 . They are spaced not closer than twenty feet (20 ' )
apart.
Hedges, cacti or dense thorny shrubs are prohibited as
planting on any public rights-of-way .
, ' .
Sec. 27 . 808 . Prohibited Species .
It shall be unlawful to plant or permit to be planted on
any public rights=of-way in the City the following named
trees or shrubs :
Acacia Melanoxylou (Blackwood Acacia) ; Acacia Longifolla;
Ailanthus Glandulosa (Tree Heaven) ; Eucalyptus Globulus
' (Blue Gum) ; Juglans Migra (Black Walnut) ; Ailanthus Glandu-
losa (HOney Locust, thorny variety) ; Liriodendron Maclura
Pomifera .(Osage Orange) ; Melia' AZedarach (China Berry) ;
, Melia Azedarach Umbraculiformis (Texas Umbrella Tree) ; Morus
Alba (MUlberry) ; Populus (POpulars) ; Salix (Willows) ; Apples
(except flowering Crab Apples) ; Apricots , Fig, Peach, Nec-
tarines , Pear, Persimmon, .Pomegranates (except varieties of
Punica Granatum) ; Quince (except varieties of Cyclonia
Japonica) ; European Sycamore, Chinese Elm (except where
' parkways or strips are six feet (6 ' ) wide or more) .
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; Sec. 27 . 809 . Removal of Planting without Permit Prohibited. ' I
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= It shall be unlawful for any person to remove or in any �
,' way_ injure or deface the trees ; shrubs , plants, tree stakes �
or tree guards in or upon any public right-of-way within +
the City without first having obtained a written permit �
there£or from the Department of Public Works , setting forth �
- the conditions under which the work may be done. Such per- '
; mit shall specifically describe the work to be done, and
. shall be void after thirty (30) days from the date of
' issuance. The cost of removal of any tree, palm, shrub or
' ' plant for the benefit and convenience of any property owner
shall be paid for by such property owner.
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� ' Sec. 27 .810 . Fastening Animals to Trees , etc .., Prohibited .
No person, firm or corporation shall hitch or fasten any
horse or other animal to any tree , palm, shrub or plant now
� `, or hereafter growing in any public right-of-way in the City
of Chula Vista; nor shall any person, firm or corporation
cause or permit any horse or other animal to stand or be
near enough to any tree, palm, shrub or plant to bite or
run against, or in any manner injure or deface the same, nor
shall any person, firm or corporation place a post for hitch-
ing of horses or other animals within £ive feet (5 ' ) of any
tree, palm, shrub or plant now or hereafter growing in any �
. of the public rights-of-way of the City of Chula Vista.
��: :
Sec. 27 . 811 . Attaching Devices; Detrimental Substances
etc. , to Trees; Prohibited.
� No person, firm or corporation shall attach or place any �
rope, wire, sign, poster or handbill, or other thing on any
tree, palm, shrub or plant now or hereafter growing in any
public right-of-way in the City of Chula Vista, or on any
guard or protection of same, without first having obtained
a written permit .from the Departsnent of Public Works , which ��
permit shall clearly indicate that no harm is being done to ,
such vegetation by such devices; nor shall any person, firm �
or corporation deposit or throw upon any street or public
, highway, or into any gutter thereof, any brine water, oil,
, or any substance detrimental to the growth -of any tree, '
palm, shrub or plant, or deposit in such gutter any recep-
' tacle . containing such substance.
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' Sec . 27 . 812. Removal, Injury of Guard Device; Prohibited.
�r No person, firm or corporation shall remove, injure or
' misuse any guard or device placed to protect any tree, palm,
! :: shurb or plant now or hearafter growing in any public right-
' . of-way in the City of Chula Vista . ,
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Sec . 27 . 813 . Attaching Electrical Devices; Prohibited. �
I
' ' No person, firm or corporation shall attach any electric ;
wire insulator or any other device for holding electric
wires, to any tree, palm, plant or shrub now or hereafter � ,,
growing in any public right-of-way in the City of Chula !
Vista . No person, firm or corporation shall, without
written permission from the Director of Public Works, ,
trim, cut or break any part of such tree, palm, shrub or ,
plant in order to make passage for such wires . Every per-
son, firm or corporation having any wire charged with
� electricity shall securely fasten same so that such wire
shall not come in contact with any tree, palm, shrub or
plant in any public right-of-way in the City of Chula
Vista.
Sec . 27 . 814 . Open Space around Tree; Required.
No person, firm or corporation shall hereafter, without
- written permit from the Director of Public Works , place or
� maintain upon the ground in any public right-of-way of the
? City of Chula Vista, stone , cement or other material with-
out leaving an open space of ground around the trunk of any
tree, in accordance with standard specifications approved
' by the Director of Public Works; and whenever there is no
such open space around any existing trees in any public
right-of-way of the City of Chula Vista, the Director of
Public Works may make such open space or cause the same to
be made.
Sec . 27 . 815. Safeguarding Trees during Alteration, Moving
etc . , of Buildings.
In the erection, alteration, moving or repair of any build- •,
ing, structure or .other object, the owner thereof, or his '
agent, shall place, or cause to be placed, such guards around ,
� all nearby trees in any public right-of-way of the City of ��
Chula Vista as shall effectually prevent injury to them.
Sec . 27 . 816 . Owners of Premises Required to Trim Branches .
The owner , or his agent, of every lot or parcel of land in
� the City of Chula Vista upon which any trees, palms, shrubs
or plants are now, or may hereafter be standing, shall trim,
' or cause to be trimmed, the branches thereof, so that same
shall not obstruct the passage of light from any, street light
located in any street or other public highway adjacent to the
, street or sidewalk, and such owner or his agent shall trim
all branches of any trees, palms , shrubs or plants which
i , overhang any street or other public highway, so that there
� � shall be a clea_ height of eight feet (8 ' ) above the sur-
face of the street or other public highway unobstructed by
• branches; and such owner or his agent shall remove from
, such trees, palms , shrubs or plants all dead, decayed or ,
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I � broken limbs or branches that over;ang such street or
� : ' other ublic hi hwa
p g y, and when any such trees, palms,
� '. , shrubs or plants are dead, such owner or his agent shall � �
remove the same so that they shall not fall in the street
� � ;,, or other public highway. �
�
The Director of Public Works, or his authorized agent, �
is empowered to direct the owner, or his authorized agent, �
of property upon which such tree, palm, shrub or plant
' # t exists to trim such plant. If such person does not comply
>' with such direction of the Director of Public Works, or
� � his authorized agent, within ten (10) days, the Director
,� :.. of Public Works, or his authorized agent, may proceed to
cut and trim such plant so projecting or overhanging any
� } street or other public highway in the City of Chula Vista .
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" Sec . 27 .817 . Notice of Damage, etc . , by Property Owner
'?z ". to Director of Public Works; Removal and
Replacement.
.i
1. Duty of Property Omner . The duty is hereby imposed
' upon a property owner to notify the Director of Public Works
`' when any tree, palm, shrub or plant in a public right-of-way
3 adjacent to his property is injuring or damaging any public
} sidewalk, or other public property, or needs to be removed
to protect the health and safety of the public.
2. RemovaZ; Cost Thereof. The Departlnent of Public Works
- is hereby authorized to have removed, at the expense of the
` . City of Chula Vista, any such tree, palm, shrub or plant,
" � : or to otherwise remedy the dangerous condition. Determina-
tion of the existance of the dangerous condition or need
shall be made by the Director of Public Works . Unless such
dangerous condition or need exists, the cost of removing
trees and shrubs shall be borne by the person requesting '
removal . .
�' ' 3 . RepZacement of Trees and Shrubs . It shall be the
r�{ duty of the Director of Public Works, or his authorized agent,
�� to plant, when possible, a replacement tree or shrub of �'
approved kind for each tree or shrub so removed. �
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,i Sec . :27 .818 . Interfering with Director of Public Works
in Performance of Duties . '
' It shall be unlawful for any person, firm or corporation
' to hinder, prevent or interfere with the Director of Public
� Works , or his authorized agent, while engaged in carrying
out the provisions of this article, or while engaged in the
� care or removal of any tree or shrub in or about a public
• street or parkway in the City of Chula Vista.
�� ' Sec. 27 . 819 . Reserved .
�'.. Sec . 27 . 820 . Reserved .
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Sec. 27 .821. Uniform Street Planting Map.
3 The Director of Public Works shall, from time to time, I�
prepare plans which shall designate by means of a map of
;3 the City streets a uniform method of street tree planting,
. ; zoninq certain streets for a certain specimen of tree or �
�� trees, and shrub or shrubs , showing the distance apart of I
s said trees and shrubs, and the place where each tree or �
shrub is to be planted, and shall submit said plan to the �
Chief Administrative Officer for approval or modification.
� ' After the same has been approved by the Chief Administrative
; { Officer, the same shall be submitted to the City Council
� . for modification or approval, and adoption by that body.
Said plan shall then become the Tree Planting Plan for the
Streets of the City of Chula Vista, and shall be strictly
� ` adhered to in all future street planting improvement pro-
jects and in the removal and replacement of trees , shrubs
t and plants on the streets of the City . Said Uniform Plan
i} : of Tree Planting may, but need not be adopted by the City
_ Council at one time, but the Council may adopt said plan
for different portions of the City within a reasonable
� , � length of time after the completed plan for any particular
; - portion of the City has been submitted to the City Council.
Copies of said plan, or portions thereof, shall be kept
on file in the Office of the Director of Public Works and
may be obtained by the public . -
- ARTICLE 9 . STREET LIGHTING.
_ - Sec . 27 . 901 . Uniform Street Lighting Map.
� � ` The Director of Public Works shall undertake the prepara- '.
tion of a Uniform Street Lighting Map for a portion of or
+ " ', all of the City, and recommend its adoption by the City
Council by resolution. Said Uniform Street Lighting Map
shall indicate types of ornamental light design in partic-
ular locations , and lighting requirements as they may exist
_ in various parts of the City of Chula Vista, and after its
,_ . approval and adoption by the City Council, shall be, unless
' ` modified by resolution of the City Council, adhered to in �
all future street lighting projects. Said map may be `�
amended from time to time by resolution of the City Council.
�
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� ARTICLE 10 . BENCHES, TRASH CONTAINERS AND OTHER OBJECTS �
I � IN THE PUBLIC RIGHTS-OF-WAY.
� ' Sec . 27 . 1001. Installation and Maintenance o£ Benches in
�; I Public Rights-of-Way; Prohibited.
� It shall be unlaw£ul for any person to install or cause
to be installed or to maintain any bench on or in any public
�� ��' . right-of-way in the City of Chula Vista, without written
�'- `' permission from the Director of Public Works first being
� obtained by the person, firm or corporation desiring to
' � install and maintain said bench. The City is exempt from
the provisions of this section, and may install benches
: iri the public rights-of-wa1 at the discretion of the Council.
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; Sec. 27 . 1002. Use of Benches for Advertising Prohibited .
,
-a - It shall be unlawful for any person to install, place �
,, _, upon, or maintain any advertising on any benches presently !
= ' � installed on or in the public rights-of-way by the City, �
� ; or which may hereafter be installed; provided, however,
that the City is exempt from the provisions of this section,
� � and may place such advertising thereon at the discretion of
e ' the Council as they may see fit.
�
< , Sec. 27 . 1003 . Reserved .
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Sec . 27 .1004 . Reserved.
:}
Sec . 27 . 1005 . Trash Containers in Public Rights-of-Way.
All trash or litter containers placed within the public
rights-of-way for the convenience of the public shall be
subject to the approval of the Director of Public Works , in
conformity with accepted standards for street furnishings ,
and none shall be placed within the public rights-of-way
without first establishing the location and placement of
such trash containers .
, ARTICLE 11. STREET SIGNS AND LOADING ZONES .
- Sec. 27 . 1101 . Street Signs; Fees .
a; �
The following fees are hereby established for street
? , signs to be erected in subdivisions and certain street
�;
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'�
1. Street Name and Regulatory Signs , with pole, fee per ;
sign. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35 . 00 ,
2 . Street Name and Regulatory signs, fee per sign. . . . . 15 .00
, ., .
` Sec. 27 . 1102 . Curb Loading Zones; Fees . •
�;
Applicants for a curb loading zone permit shall pay a fee
• , +� of forty dollars ($40 .00) to cover the cost of investigation
and initial installation, plus an annual maintenance fee of
twenty dollars ($20 .00) . In addition, if it is necessary to
" remove an existing parking meter, the sum of fifty dollars
,; - ' ($50 .00) shall be charged to the applicant.
� . .
ARTICLE 12 . RESERVED.
� . ; ARTICLE 13 . RESERVED.
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' ;. ARTICLE 14 . VACATIONS OF PUBLIC RIGHTS-OF-WAY AND ;
; � �� EASEMENTS. �
r_� �
. S � Sec. 27 . 1401 . Purpose and Intent. �
1 �
- ` In order to comply with the State Planning Act, the Street
` Vacation Act of 1941, and the Public Service Easement Vaca-
.�i ; tion Law of the State of California, it is necessary to hold �
a public hearing prior to the vacation of any dedicated street �
� j or easement within the City. As a preliminary to said hear- ,
; ' ings , the City Engineering Department and the City Planning
'` Department shall conduct reasonable investigations to ascer-
.} .
tain whether or not the public interest would be served by
; closing or vacating a specific street or portion thereof,
or by the vacating of a specific easement in said City. It
is the purpose and intent of the City Council to establish
fees which shall be paid by the petitioner upon the filing
� of a request for the processing of an application for such
�j street or easement vacations , in order to reimburse the City
for expenses incurred.
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Sec.- 27 . 1402 . Fees Established; Non-Refundable.
A. Established. The £ollowing fees for the vacation of
public streets or portions thereof, or easements for public
purposes are hereby established:
� 1. A fee of fifteen dollars ($15. 00) for the cost
of investigating proposed street closings or vacations
of easements for public purposes shall be paid to the
Engineering Department at the time of filing of the
application for said closing or vacation. This fee
- . is non-refundable .
2 . A fee of forty dollars ($40 . 00) shall be paid at
the conclusion of the investigation, to cover the cost �
of all services provided by the City in processing
; i the application. Fifty percent ($50 . 00) of this fee ,
shall be refunded if the City is notified in writing -
' prior to the ordering of posting of notice and adver-
- tising of the hearing before the City Council that the
applicant wishes to withdraw his application. �
3 . Whenever it is necessary for the City to prepare
a map, plat or legal description, an additional fee ;
{ of thirty dollars ($30 .00) shall be paid for each �
:�t, such map, plat or legal description. This fee is �
a non-refundable .
B. Refund or Waiver of Fees . The fees established by
' this section are non-refundable; provided, however, that the
' fees established herein to cover the cost of vacating or
closing a dedicated street or a portion thereof shal.l be
waived in those cases where said dedicated street or portion
thereof has previously been acquired by the City and it has
� been determined that the street is not needed by virtue of
a change in plans by the City, or the property involved
' constitutes an unnecessary surplus after construction of
the public improvement. Fees shall be waived in such cases
only if the application for vacation is submitted within
three (3) years of the dedication of the public right-of-
way .
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'' ARTICLE 15. APPEAL PROCEDURES . r
},
, �. .:
' ";� Sec . 27 .1501. Denial of Permits .
'r���
'� The Director of Public Works shall not grant the permits
required by this chapter under any circumstances or upon !
� � any condition when he finds that the granting of such permit
- will adversely interfere with or affect the necessary visi-
bility from the street, necessary drainage in the immediate �
; � ,, vicinity of the encroachment, present or contemplated vehic-
�! _ � ular and pedestrian traffic upon the street, or the main-
,: ' � tenance of streets .
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Sec .. 27 . 1502 . Appeal; Form.
t �
'� ' Any person who applies for a permit under the provisions
� of this chapter may appeal to the City Council from a deci-
sion of the Director of Public Works denying such applica-
�* tion. The Director of Public Works shall give written
y , � notice to such applicant of his failure to grant such
" application and stating the reason therefor .
,: '
��_ Such appeal must be in writing and contain a copy of the
: � written statement of the Director of Public Works denying
'� the application, and such appeal shall speci£y the reasons
, wherein and whereby it is alleged that the decision of the
Director of Public Works is in error and shall be filed with
� the City Clerk within fifteen (15) days after receipt of the
� ' written denial of the proposed permit by the Director of
- q Public Works .
f
_. Sec. 27 . 1502. Decision by Council , i
Upon receipt of such an appeal by the City Clerk, the
�' matter shall be placed upon the agenda of the next meeting
� of the City Council , which shall, by formal resolution, ;
i _ render its decision thereon within forty (40) days from ;
` the date of receipt by the City Clerk. The failure of
the City Council to act upon such appeal within the forty
� ��. (40) day period shall be deemed a denial of such appeal.
�� = �.; The decision of the City Council shall be final and con- . �
' -- clusive. .
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� � ARTICLE 16 . ENFORCEMENT.
9' �
' Sec.. 27 . 1601. L'ien Procedure.
?. In addition to the penalties provided for violations of
' this chapter, which constitute misdemeanors , the City shall
, have the right to secure compliance of all of the provisions
of this chapter by use of the notice and lien procedure as
' set forth in Section 27 . 204 of this chapter .
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� �= � SECTION III : If any secti_on; subsec�io,i se;itence, claitse
- :or phrase oi this or�?r.ance is for any rezson helci to be unconstitu-
, -. ':tional , suc?: decision sha11 not affect the validity of the remrining �
` ;porcio:zs ot tnis ordin�nce, irrespective of. the fact that any one
� , .,or more sectio;is , subsecticn> , sentences , clauses or phrases be
' declarr-_d uricons±itutional . f�
� �- SECTION I�?: A viol.ation of any provision or the failure to 1
� ; .;,coroply �.viih any of the requirements of this o�dinance constitutes a i '
�
i `: misdemeanor . Any person convicted o£ siich viola=ion of such failure
! j shall be punishable by u fine of iiot more than five hunnred dollars
� ($500 . 00) or by iinprisonment in the County jail for a period of not
�more than six (6) month> , or by both such fir.e and imprisonment.
I -
SECTIOid V: 'Phis ordinance shall take effect and be iii full
i ; '�force on �he thirty-rirst dati• from and after its passage. and aoproval .
� � � Preseace by Approved as to form b��
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'� � ::. . . / . . � � . .
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[ -, rLan F . C . e, _irecto af Public George D . indberg, City Attorn -
�� Works
, �
ADOP`PED ANll APPP.O'�T�D by �he CITY COUIdCIL of the CI'PY OF CHOi,A
, VISTA, CALIFOP.NIF�; this 17th day of June , 1° 69 , by the
� iollctding vo±e, to-cait:
� ,
AYES: Councilren Scott, Sylvester, Hamilton, McAllister _
' ' N�YES : Counci].i�i�n None
� - —
ABSENT: Councilm2r, McCorquodale
P•iaycr/ of the Cicy oi Ch�la Vis '
i��,/� � pro tem
.ATTEST `��� �� / �o ; .
��u� 'L� � ;
City Clerk
;
, � �'
i STATE O'r' C�"LIFOP.idIS )
, �COUNTY OF SAN DIEGO ) ss .
_ ' CITY OF CHitLA VIST?� ) E'�
: t
' t ' �
" f I , , City Cler}: o;: the City of Chula
i : �Vista, Califernia, DO HEREBY CERTIFY that the above is a �uil, true and
' � �correct copy of Ordinance No. , and that the same has not been �
;' ; t
' ,. amend.ed or_ repealed . DA^1ED _ _ `
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� ' City Clerk
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