HomeMy WebLinkAboutOrd 2008-3104
ORDINANCE NO. 3104
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
SECTION 15.04.018 TO THE CHULA VISTA MUNICIPAL
CODE RELATING TO "EXCAVATION, GRADING,
CLEARING, GRUBBING AND FILLS"
WHEREAS, on January 24, 2007, the San Diego Regional Water Quality Control Board
(Regional Board) adopted a new National Pollutant Discharge Elimination System (NPDES)
Municipal Permit, Order No. R9-2007-0001 (New Permit); and
WHEREAS, the New Permit requires the eighteen cities of San Diego County, the San
Diego Unified Port District, the San Diego County Regional Airport Authority, and the County
of San Diego (Copermittees) to review and upgrade their storm water, grading and other relevant
ordinances and standards, as necessary, to comply with the more stringent requirements of the
New Permit; and
WHEREAS, proposed amendments to Chula Vista Municipal Code (CVMe) Chapter
15.04 would incorporate, by reference, the City's "Development Storm Water Manual, January
2008" and establish new requirements and guidelines for storm water management on
development and redevelopment projects, during both the construction and post-construction
phases of projects; and
WHEREAS, adding Section 15.04.018 to CVMC Chapter 15.04 incorporates, by
reference, the City's Development Storm Water Manual, January 2008 into the Excavation,
Grading, Clearing, Grubbing and Fills Ordinance.
NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby
ordain as follows:
SECTION 1. That Section 15.04.018 is added to the Chula Vista Municipal Code to read as
follows:
Chapter 15.04
EXCAVATION, GRADING, CLEARING, GRUBBING AND FILLS*
Sections:
15.04.005 Purpose and intent of provisions.
15.04.0 10 Definitions.
15.04.015 Permit required for all land development work and soil investigations.
15.04.017 Other required permits.
15.04.018 Additional Planning, Design, Construction, and Post-Construction Requirements for
All Land Development and Redevelopment Projects 15.04.020. Compliance with
conditions and specifications required - Deviations from standards permitted when.
15.04.025 Provisions not to affect other code requirements.
Ordinance 3104
Page 2
15.04.030 Facilities within public rights-of-way - Assignment of costs.
15.04.035 Commencement and completion of work - Extension of time.
15.04.040 Slopes - Design requirements generally.
15.04.045 Building pads - Design requirements.
15.04.050 Embankment requirements - Soil engineer may be required.
15.04.055 Expansive soil grading requirements.
15.04.060 Landscaping and irrigation system.
15.04.065 Slopes - Tops and toes to be rounded.
15.04.070 Slopes - Blending into existing terrain.
15.04.075 Slopes - Horizontal slope rounding.
15.04.080 Preservation of existing monuments.
15.04.085 Work in conjunction with subdivision of property - Requirements generally.
15.04.090 Work in conjunction with subdivision of property - Standard land development
permit - Requirements.
15.04.095 Work in conjunction with subdivision of property - Contract for completion of
improvements - Requirements - Bonds.
15.04.100 Building construction - Land development permit required - Prerequisite to building
permit.
15.04.105 Damaged or disused public improvements - Notification - Corrective action required.
15.04.110 Public to be protected from hazards during construction - Fences and barricades
required when.
15.04.115 Safety precautions.
15.04.120 Fence specifications - Modification permitted when.
15.04.125 Noncompliance.
15.04.130 Modification of approved plans.
15.04.135 Responsibility of permittee - Compliance with plans and requirements.
15.04.140 Completion of work - Final reports.
15.04.145 Notification of completion.
15.04.150 Exemptions from applicability designated.
15.04.155 Contractor - Qualifications required.
15.04.160 Work to be performed by licensed contractor.
15.04.165 Inspection of land development work - Responsibility therefor.
15.04.170 Transfer of responsibility for approval.
15.04.175 Plans and reports to be prepared by engineers.
15.04.180 Private contract performance bond - Required when - Issuance conditions generally.
15.04.185 Private contract performance bond - Conditions - Notice of default - Contents -
Effect.
15.04.190 Private contract performance bond - Principal or surety liable for cost of completing
work when.
15.04.195 Private contract performance bond - Liability of City for performance of certain
work.
15.04.200 Private contract performance bond - Cash deposit accepted in lieu when - Default
correction procedure.
15.04.205 Private contract performance bond - Not required when.
15.04.210 Private contract performance bond - Required from certain contractors when-
Exception.
Ordinance No. 3104
Page 3
15.04.215 Private contract performance bond - Conditions - Compliance with certain terms and
provisions required.
15.04.220 Private contract performance bond - Method of estimating amount - Schedule.
15.04.225 Release ofbonds/security.
15.04.230 City Engineer - Enforcement responsibility and permit issuance authority.
15.04.235 City Engineer - Powers and duties generally.
15.04.240 City Engineer - Authority to determine applicable fees.
15.04.245 City Engineer - Duty to consider certain recommendations and deny certain
applications.
15.04.250 City Engineer - Grounds for cancelling permit or amending plans.
15.04.255 Appeals - Authorized when - Determination authority.
15.04.260 Appeals - Time limit for filing - Form.
15.04.265 Permits - Application - Procedure generally - Detailed plan required.
15.04.270 Permits - Application - Detailed plans and specifications required.
15.04.275 Permits -Issuance - Prerequisites and contents.
15.04.280 Investigations authorized and required when - Fee.
15.04.285 Agreement required for uncontrolled embankments - Additional specifications.
15.04.290 Fees - Collection - Method of estimation - Verification - Payment required-
Exemptions.
15.04.295 Fees - Schedule for computation.
15.04.305 Fees - To be doubled in certain cases - Effect of imposition.
15.04.310 Violations - Declared unlawful and public nuisance - Abatement authority.
15.04.315 Abatement of dangerous conditions.
15.04.320 Emergency abatement by City - Liability for costs.
15.04.325 Costs of abatement - Special assessment procedure - Statutory authority.
15.04.330 Conflicts.
* For statutory provisions authorizing cities to abate building nuisances, see Health and Safety Code g 17980, et seq.; for
statutory requirement for cities to pass a soil testing ordinance, see Health and Safety Code g* 17953 - 17957.
15.04.005 Purpose and intent of provisions.
The purpose of this chapter is to establish minimum requirements for land development work,
to provide for the issuance of permits and for the enforcement of the requirements. These
provisions are supplementary and additional to the subdivision and zoning regulations of this
code and shall be read and construed as an integral part of said regulations and the land
development patterns and controls established thereby. It is the intent of the City Council to
protect life and property and promote the general welfare; enhance and improve the physical
environment of the community; and preserve, subject to economic feasibility, the natural scenic
character of the City. In administering these provisions, the following goals should be respected:
A. Ensuring that future development oflands, particularly in the hilly areas of the City, occurs
in the marmer most compatible with surrounding areas and so as to have the least adverse effect
upon other persons or lands, or upon the general public;
B. Ensuring that soil will not be stripped and removed from lands in the more scenic parts of
the City, leaving the same barren, unsightly, unproductive, and subject to erosion and the hazards
of subsidence and faulty drainage;
C. Encouraging the plarming, design and development of building sites in such fashion as to
provide the maximum in safety and human enjoyment, while adapting development to and taking
advantage of the best use of the natural terrain;
Ordinance 3104
Page 4
D. Encouraging and directing special attention toward retaining, insofar as practical, the
natural planting and a maximum number of existing trees;
E. Ensuring any impact to sensitive biological resources, as defined by CVMCI7.35.030, is
consistent with the goals and policies of the Chula Vista MSCP subarea plan.
15.04.010 Definitions.
The following words and phrases, when used in this chapter, shall be construed as defined in
this section:
"Appurtenant structures" means manmade structures related to and necessitated by the
proposed grading and includes paved drainage ditches, inlet structures, lined channels, culverts,
outlet structures and retaining walls.
"Building pad" means that portion of an embankment and/or excavation contained within an
area bounded by a line five feet outside the foundation footing.
"Building site" means that portion of an embankment and/or excavation containing the
building pad(s) and lying within an area bounded by the top of slopes and/or toe of slopes within
the lot or parcel.
"Certify" or "certification" means a signed written statement that the specific inspection and
tests which were required have been performed and that the works comply with the applicable
requirements of this chapter, the plans, and the permit.
"Clearing" means the cutting of natural vegetation by any means, without disturbance to the
soil and root system.
"Clearing and grubbing permit" means a permit issued pursuant to this chapter that allows
clearing and grubbing that is not in association with other land development work.
"Compaction" means densification of a soil or rock fill by mechanical or other acceptable
procedures.
"Contract, private" means an agreement between a property owner and a qualified contractor
to do land development work.
"Contractor" means a contractor licensed by the state to do work covered by this chapter. A
contractor may be authorized to act for a property owner in doing such work.
"Embankment" or "fill" means any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and the
conditions resulting therefrom.
"Embankment, uncontrolled" means any embankment constructed as land development on
which no soil testing was performed or no compaction reports or other soil reports were prepared
or submitted.
"Engineer, private" means a civil engineer registered by the state. A private engineer may be
authorized to act for a property owner in doing work covered by this chapter.
"Engineering geologist" means a certified engineering geologist, registered by the state, who
is engaged in the practice of applying geological principles and data to engineering problems
dealing with naturally occurring rock and soil for the purpose of assuring that geological factors
are recognized and adequately interpreted in engineering practice.
"Erosion" means the process by which the ground surface is worn away by the action of water
or wind.
"Excavation or cut" means any earth, sand, gravel, rock or any similar material which is cut
into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed by man, and the
conditions resulting therefrom.
Ordinance No. 3104
Page 5
"Grade" means the elevation and cross-sections established for the finished surface. All grades
shall be based upon the official datum of the City.
"Grading" means any excavating or filling or combination thereof and shall include the land in
its excavated or filled conditions.
"Grubbing" means the removal of natural vegetation by any means including removal of the
root system.
"Land development permit" means a permit issued pursuant to this chapter to conduct land
development work.
"Land development work" means the making of excavations and embankments on private
property and the construction of slopes, drainage structures, fences and other facilities incidental
thereto, where it is necessary to safeguard life, limb, health, property and public welfare by
regulating and controlling the design, construction and quality of materials. Land development
work also includes other associated grading, and clearing andlor grubbing conducted in
preparation for such development.
"Landscape architect" means a landscape architect, registered by the state, who performs
professional work in physical land planning and integrated land development, including the
design oflandscape planting programs.
"Landscape manual" means the current "City of Chula Vista Landscape Manual" approved by
resolution of the City Council.
"Minor slope" means a slope four feet or less in vertical dimension in either cut or fill,
between single-family lots and not parallel to any roadway.
"Natural terrain" means the original contour of a site prior to any grading.
"Permittee" means any person to whom a permit is issued pursuant to this chapter.
"Property owner" means the owner, subdivider or developer of real property which will be
benefited by the proposed land development work.
"Property, public" means property owned in fee by the City, or dedicated for public use.
"Public improvement" means publicly owned construction, structures or facilities in the public
right-of-way designed for the public use, safety or general welfare.
"Public rights-of-way" means public easements or dedications for streets, alleys andlor other
use.
"Rough grading" is the condition where the ground surface approximately conforms to the
design grade, generally within 0.5 feet.
"Slope" means the inclined exposed surface of a fill, excavation or natural terrain.
"Slope, natural" means the predominant slope or slopes of land in its original condition prior
to any grading.
"Soil engineer" means a civil engineer registered by the state who submits evidence to the
satisfaction of the City Engineer that:
1. He is engaged in the practice of civil engineering and spends a majority of his time in the
field of applied soil mechanics and foundations engineering;
2. He has at least four years of responsible practical experience in the field of applied soil
mechanics;
3. He is qualified to make the investigations and determinations, render the reports and
opinions, and perform the duties of a soil engineer as required by this chapter.
All persons meeting the qualifications set forth above shall be recognized by the City Engineer
as qualified to perform soil engineering under the provisions of this chapter.
Ordinance 3104
Page 6
"Soil, expansive" means any soil which swells more than three percent when prepared and
tested by a method approved by the City Engineer.
"Subdivider" means a person, firm, corporation, partnership or association who causes land to
be divided into one or more subdivisions for himself or others as defined by those sections of the
Government Code known as the Subdivision Map Act.
15.04.015 Permit required for all land development work and soil investigations.
No person, either as property owner, contractor, private engineer or otherwise, shall do or shall
cause to be done any land development work without first having obtained either a land
development permit or clearing and grubbing permit to do such work and having held a
pregrading or preclearing meeting if required by the City Engineer, except as provided in
CYMCI5.04.l50.
Soil investigations by a soil engineer or engineering geologist which involves trenching or
scarifying of the natural terrain shall require a permit. A special investigation fee shall be paid
prior to issuance of such permit.
15.04.017 Other required permits.
Prior to the City's issuance of a land development permit or clearing and grubbing permit, the
applicant shall show compliance with a habitat loss and incidental take (HUT) permit issued
pursuant to Chapter 17.35 CYMC, for areas that contain sensitive biological resources, as
defined by CYMCI7.35.030, and are within:
A. Development areas outside of covered projects, as defined by CYMCI7.35.030;
B. Seventy-five (75) to 100 percent conservation areas, as defined by CYMCI7.35.030; or
C. One hundred (100) percent conservation areas, as defined by CYMCI7.35.030.
Prior to the City's issuance of a land development permit or clearing and grubbing permit for
areas that contain sensitive biological resources, as defined by CYMCI7.35.030, and are within
the development areas of covered projects, as defined by CYMCI7.35.030, the applicant shall
show compliance with all applicable provisions of previous project entitlements issued by the
City and with any applicable conditions of coverage listed in the Chula Vista MSCP subarea
plan, as determined by the director of planning and building or designee.
Prior to the City's issuance of a land development permit or clearing and grubbing permit for
areas that will result in impacts to wetlands or to listed noncovered species, as defined by
CYMCI7.35.030, the applicant shall obtain, and show compliance with, all applicable federal
and/or state permits.
15.04.018 Additional Planning, Design, Construction, and Post-Construction Requirements
for All Land Development and Redevelopment Projects.
The City of Chula Vista Development Storm Water Manual is a part of this Ordinance and is
incorporated by reference as though set forth in full in this Ordinance. No land owner or
development project proponent in the City of Chula Vista shall receive any City permit or
approval for land development activity or significant redevelopment activity unless the project
meets or will meet the requirements of this Ordinance and the Development Storm Water
Manaul.
The Development Storm Water Manual includes, among other requirements, the following
requirements:
Phased grading during construction (limitation of grading to a maximum
disturbed area before either temporary or permanent erosion controls are
implemented)
Compliance with Low Impact Development (UD) principles
--.--J
Ordinance No. 3104
Page 7
Compliance with Interim Hydromodification Criteria and Hydrograph
Modification Management Plan (HMP) requirements
Compliance with post-construction Best Management Practices self
inspections, maintenance, record keeping, and maintenance certification
The City of Chula Vista generally accepts standards established in the most up-to-date
editions of the following documents for Best Management Practices, however, the City Engineer
will make the final determinatiion to approve or disapprove any proposed BMPs:
Stormwater Best Management Practice Handbooks developed by the
California Stormwater Quality Association
Caltrans Treatment BMP Technology Report
County of San Diego Low Impact Development Handbook
Long-term maintenance obligations of all proposed Best Management Practices must
be approved in an agreement that runs with the land in perpetuity prior to the issuance of
a grading or other construction permit.
15.04.020 Compliance with conditions and specifications required - Deviations from
standards permitted when.
Except as herein provided, all land development work done shall be done in accordance with
the conditions of the required permit, and shall conform to the approved plans, standard
drawings, specifications, landscape manual, subdivision manual, and general conditions as may
be determined by the City Engineer to be applicable to the work. Such documents are on file in
the office of the City Engineer and shall be kept for public distribution in accordance with fee
schedules in said office. In connection with land development work, deviations from the
requirements of these standards may be permitted by the City Engineer based upon written
reports and recommendations by qualified and recognized authorities subject to review by the
City.
15.04.025 Provisions not to affect other code requirements.
This chapter shall not affect the requirements of any other chapter of this code requiring
permits, fees or other charges, including those for sewer and services, or affect any provisions
concerning the granting of franchises.
15.04.030 Facilities within public rights-of-way - Assignment of costs.
The following provisions of this section shall apply unless provision is made by an agreement
pursuant to CVMC 15.04.085 through I 5.04.095:
A. The property owner shall pay the City for all the cost of placing, repairing, replacing or
maintaining a City-owned facility within a public right-of-way when the City's facility has been
damaged or has failed as a result of the construction or existence of the owner's land
development work during the process of such work.
B. The costs of placing, replacing or maintaining the City-owned facility shall include the cost
of obtaining a necessary alternate easement.
15.04.035 Commencement and completion of work - Extension of time.
All land development work shall be executed in accordance with the provisions of this chapter
and the terms of the permit issued by the City Engineer. Once commenced, work shall be carried
out diligently until completed. Unless otherwise specified upon the permit, all work shall be
completed within 180 days from the date of issuance of the permit. The City Engineer may grant
one extension of time for the completion of the work. Such extension shall not exceed the
original length of time designated on the permit.
Ordinance 3104
Page 8
15.04.040 Slopes - Design requirements generally.
The inclination of each cut or fill surface resulting in a slope shall not be steeper than two
horizontal to one vertical (2: I) except for minor slopes as herein defined.
All constructed minor slopes shall be designed for proper stability considering both geological
and soil properties. A minor slope may be constructed no steeper than one and one-half
horizontal to one vertical (1.5:1) contingent upon:
A. Submission of reports by both a soil engineer and a certified engineering geologist
containing the results of surface and subsurface exploration and analysis. These results should be
sufficient for the soil engineer and engineering geologist to certify that in their professional
opinion the underlying bedrock and soil supporting the slope have strength characteristics
sufficient to provide a stable slope and will not pose a danger to persons or property; and
B. The installation of an approved special slope planting program and irrigation system.
15.04.045 Building pads - Design requirements.
All building pads and building sites shall drain to an approved drainage facility unless
otherwise approved by the City Engineer.
15.04.050 Embankment requirements - Soil engineer may be required.
A. Unless otherwise specified on the permit, all embankments for land development work
shall be compacted in conformance with the provisions of the standard specifications. The permit
may require that an engineering geologist and/or soil engineer, as appropriate, be responsible for
the inspection and testing of the embankment work and inspection of excavations. The soil
engineer and engineering geologist, if one or both are required by the permit, shall file with the
City Engineer reports as required by CYMC 15.04.140 and 15.04.270(B).
B. Where, in the opinion of the City Engineer, the construction of an uncontrolled
embankment would not be contrary to the public interest or welfare, a permit for such land
development may be issued in accordance with CYMCI5.04.285. Plans for uncontrolled
embankment shall be complete in all respects except for soil analysis and compaction
requirements. Uncontrolled embankment slopes shall not be steeper than three horizontal to one
vertical (3: 1).
15.04.055 Expansive soil grading requirements.
If, during the land development work, expansive soil is found within two feet in cut or three
feet in fill of the finished grade of any area intended or designed as the location for a building,
the permittee shall cause such expansive soil to be removed from such building area to a
minimum depth of two feet in cut or three feet in fill and replaced with non expansive soil
properly compacted; provided, however, the City Engineer may, upon receipt of a report by a
soil engineer certifying that he has investigated the property and recommending a design or
footings or floor slab or other procedure that in his opinion will alleviate any problem created by
such expansive soil, waive the requirement that such expansive soil be removed and replaced
with nonexpansive soil.
15.04.060 Landscaping and irrigation system.
All cut and fill slopes shall be planted and irrigated in accordance with an approved plan. Said
plan shall be prepared in accordance with the City landscape manual and shall be approved by
the City Landscape Architect, and the Director of Planning and Building or designee, as
necessary.
Ordinance No. 3104
Page 9
15.04.065 Slopes - Tops and toes to be rounded.
The tops and toes of all major slopes in public view shall be rounded in accordance with the
City standard drawings.
15.04.070 Slopes - Blending into existing terrain.
All manmade slopes shall be blended into existing terrain to produce a natural-appearing
transition from the face of manmade slopes into natural ground. This blending shall be
accomplished in accordance with City of Chula Vista standard drawings. Undulating tops and
toes of slopes and variable slope ratios should be used to achieve natural-appearing slopes.
15.04.075 Slopes - Horizontal slope rounding.
Rounding shall be accomplished in accordance with the City of Chula Vista standard
drawings.
15.04.080 Preservation of existing monuments.
All existing survey monuments shall be shown on the grading plan. Evidence indicating that
arrangements have been made for the preservation and/or relocation of existing monuments shall
be submitted to the City Engineer prior to issuance of a land development permit.
15.04.085 Work in conjunction with subdivision of property - Requirements generally.
A subdivider of land required to do land development work as the result or condition of the
approval of the tentative map shall perform such work under one of the following procedures, as
set forth in CVMC 15.04.090 and I 5.04.095.
15.04.090 Work in conjunction with subdivision of property - Standard land development
permit - Requirements.
Should the subdivider desire to do certain land development work prior to entering into a
contract with the City to install and complete all subdivision and land development work, he may
make application to do so under a standard land development permit or clearing and grubbing
permit, if the land development work is limited to clearing and grubbing only. This application
shall be accompanied by detailed plans and specifications based upon the approved tentative map
and in conformity with the provisions of CVMC 15.04.017 and 15.04.040 throughI5.04.075. A
schedule and estimate based upon such plans and specifications shall accompany the application.
15.04.095 Work in conjunction with subdivision of property - Contract for completion of
improvements - Requirements - Bonds.
A. Should the subdivider desire to do certain land development work in conjunction and
concurrently with installation and construction of required public improvements, he may enter
into a contract with the City to make, install and complete all improvements and land
developments in accordance with approved plans and specifications.
B. Prior to any construction of improvements and/or land development work, the subdivider
shall have complied with and performed the following requirements:
1. Subdivider shall file with the City Clerk detailed plans and specifications (or a statement
that work will be accomplished in accordance with standards and specifications of the City)
approved by the City Engineer for all public improvements and land development together with a
detailed cost estimate approved by the City Engineer and an estimate of time reasonably
necessary to complete the same.
2. Subdivider shall enter into a contract with the City to make, install and complete within
the time fixed by the City Engineer, but in no case more than two years from the date of
execution of said contract, all improvements and land development in accordance with the
Ordinance 3104
Page 10
approved plans, and shall cause to be filed with the City Clerk a faithful performance bond
payable to the City which shall ensure the performance of the contract and the completion of the
improvements and land development work. The subdivider shall additionally file with the City
Clerk a labor and material bond to inure to the benefit of those persons entitled to the protection
of Part III, Title IV, Chapter II of the Code of Civil Procedure. A cash deposit or letter of credit
may be submitted in lieu of bonds hereinbefore described. Bonds and other forms of guarantee
shall be in full conformity with the requirements for subdivision guarantees as set forth in the
subdivision ordinance codified at CVMC Title 18.
3. The bond or other guarantee shall be based on the City Engineer's estimate of the cost of
the work and in accordance with the following schedule:
a. Faithful performance bond:
Public improvements: 50 percent of cost estimate,
Land development: 50 percent of cost estimate;
b. Labor and material bond:
Public improvements: 50 percent of cost estimate,
Land development: 50 percent of cost estimate.
15.04.100 Building construction - Land development permit required - Prerequisite to
building permit.
A. An owner of land desiring to do land development work incidental to and in connection
with the construction of a building or structure shall present an application and obtain a land
development permit or clearing and grubbing permit. The City Engineer may require an on-site
field inspection of the rough grading phase of the work between representatives of the City's
Engineering, Planning and Building Departments and the permittee; civil engineer; soil engineer;
biologist, as defined by CVMC 17.35.030; and engineering geologist, as appropriate, before the
issuance of a building permit. The permittee shall request a field inspection of the rough grading
phase, if required, five working days prior to the inspection. The rough grading phase of the land
development work described on form PW-E-106B shall be completed prior to the issuance of a
building permit except as provided below. The City may suspend any building permit where it is
found that land development work is being done or has been done without a land development
permit or clearing and grubbing permit until a land development permit or clearing and grubbing
permit is issued. The City may not certify to the completion of the building where land
development work has been done until a land development permit is obtained and certified as
complete.
B. Notwithstanding any provisions to the contrary in subsection (A) of this section, walls
which are designed and constructed to retain earth and are also integral portions of buildings may
be constructed under building permits concurrently with grading work within the project site.
15.04.105 Damaged or disused public improvements - Notification - Corrective action
required.
The City Engineer shall notifY the property owner of such damage or failure as set forth in
CVMCI5.04.030. The City may withhold certification of the completion of a building or other
permitted work where a notice has been issued.
15.04.110 Public to be protected from hazards during construction - Fences and barricades
required when.
During the land development work, the contractor and owner shall take all necessary measures
to eliminate any hazard resulting from the work to the public in its normal use of public property
-- -'
Ordinance No. 3104
Page II
or right-of-way. Any fences or barricades installed shall be substantially constructed and shall be
properly maintained as long as the hazard resulting from the work exists.
15.04.115 Safety precautions.
If at any stage of the work the City Engineer determines that further land development work as
authorized is likely to endanger any public or private property or result in the deposition of
debris on any public way or interfere with any existing drainage course, the City Engineer may
require, as a condition to allowing the work to be continued, that such reasonable safety
precautions be taken as he considers advisable to avoid such likelihood of danger. The permittee
will be responsible for removing any silt and debris deposited upon adjacent and downstream
public or private property resulting from his grading operations. Silt and debris shall be removed,
and damage to adjacent and downstream property repaired, as directed by the City Engineer.
Erosion and siltation control may require temporary or permanent siltation basins, energy
dissipaters, or other measures as field conditions warrant, whether or not such measures are a
part of approved plans.
15.04.120 Fence specifications - Modification permitted when.
A. Where a slope is created adjacent to a public right-of-way or other publicly used property,
and the top of slope is within 10 feet of the property line and the height of the slope is three feet
or greater and steeper than four horizontal to one vertical (4:1), a 48-inch-high fence shall be
erected between property line and the top of slope. The design of said fence shall be approved by
the City Engineer. "Publicly used property" is that property used frequently by persons other
than the residents.
B. The City Engineer may modify or delete the above requirements where it is evident that the
land development work will present no hazard to the adjacent property or public right-of-way.
15.04.125 Noncompliance.
A. If, in the course of fulfilling his responsibility under this chapter, the private engineer or the
soil engineer or biologist, as defined in CVMCI7.35.030, finds that the work is not being done in
substantial conformance with this chapter or the plans approved by the City Engineer or in
accordance with accepted practices, he shall immediately notify the permittee, the person in
charge of the land development work and the City Engineer, in writing, of the nonconformity
and of the corrective measures which should be taken.
B. In the event the work does not conform to the permit or the plans or specifications or any
instructions of the City Engineer, notice to comply shall be given in writing by the City Engineer
to the permittee. As soon as practical after a notice to comply is given, the permittee or his
contractor shall begin to make the corrections.
C. If the City Engineer finds any existing conditions not as stated in the application, land
development permit, clearing and grubbing permit, or approved plans, he may refuse to approve
work until approval is obtained for a revised grading or clearing and grubbing plan which will
conform to the existing conditions.
15.04.130 Modification of approved plans.
A. Modifications of the approved grading or clearing and grubbing plan must be in writing and
be approved by the City Engineer andlor his designated representative. All necessary soil and
geological reports shall be submitted with any substantial proposal to modify the approved
grading plan.
B. No land development work in connection with any proposed modifications shall be
permitted without the approval of the City Engineer andlor his designated representative.
Ordinance 3104
Page 12
15.04.135 Responsibility of permittee - Compliance with plans and requirements.
All permits issued hereunder shall be presumed to include the provision that the permittee, his
agent, contractors and employees shall carry out the proposed work in accordance with the
approved plans and specifications and in compliance with all the requirements of the permit and
this chapter. The civil engineer shall file a report as specified in CVMCI5.04.140.
15.04.140 Completion of work- Final reports.
Upon completion of the work the following reports shall be filed with the City Engineer unless
waived by him:
A. A written statement by the private engineer that all land development work and/or
associated drainage facilities have been completed in conformance with CVMC 15.04.165 and
15.04.225.
B. An as-built plan of the completed work prepared by a civil engineer.
C. A final as-built soil engineer's report which shall include a written statement that
inspections and tests were made during the grading, and that in his opinion all embankments and
excavations are in accordance with the provisions of this chapter and the permit and are
acceptable for their intended use. Soil-bearing capacity (except where the City Engineer
determines such is inapplicable), summaries of field and laboratory tests and locations of tests if
not previously submitted, and the limits of compacted fill on an as-built plan shall be included in
the report. The report shall include reference to the presence of any expansive soil or other soil
problems which, if not corrected, would lead to structural defects in buildings constructed on the
site. If such report discloses the presence of such expansive soil or such other soil problems, it
shall include recommended corrective action designed to prevent structural damage to each
building proposed to be constructed upon the site. The final as-built report shall also contain a
seepage statement or study as appropriate.
D. A final as-built engineering geology report by an engineering geologist based on the as-
built plan, including specific approval of the grading as affected by geological factors. Where
required by the City Engineer, the report shall include a revised geologic map and cross-sections
and recommendations regarding building restrictions or foundation setbacks.
E. A final biology report, if determined necessary by the Director of Planning and Building or
designee, which includes an assessment of the impacts on sensitive biological resources affected
by the land development work.
15.04.145 Notification of completion.
The permittee shall notify the City Engineer when the land development work is ready for
final inspection. He shall also notify the City Landscape Architect and the Director of Planning
and Building, or designee, when planting and irrigation are completed. Final approval shall not
be given until all work, including installation of all drainage structures and facilities, sprinkler
irrigation systems, planting and all protective devices, has been completed and any required
planting established and all as-built plans and reports have been submitted. The City Engineer
may accept in writing the completion of all work, or any portion of the work, required by the
permit issued in accordance with this chapter and thereupon accept said work or portion thereof.
15.04.150 Exemptions from applicability designated.
No person shall do any land development work without first having obtained a land
development permit or clearing and grubbing permit, except for the following:
A. The depositing of materials in any disposal area operated or licensed by the City;
Ordinance NO.3] 04
Page 13
B. The making of excavation on any site or contiguous sites held under one ownership, in
which all of the following are characteristic of the work:
I. A cut slope having a maximum steepness of three horizontal to one vertical,
2. A cut having a maximum vertical depth of three feet at any point and a maximum average
depth of ] 8 inches,
3. No adverse effect upon an existing drainage pattern,
4. A top of slope no closer than one foot from an exterior boundary line, and
5. The movement ofless than 250 cubic yards of material;
C. The making of an embankment on any site or contiguous sites held under one ownership, in
which all ofthe following are characteristic of the work:
1. None of the embankment exceeds three feet in vertical depth or has an average maximum
depth in excess of 18 inches,
2. None of the embankment is placed on existing ground having a slope steeper than five
horizontal to one vertical (5: I),
3. Proposed fill slopes are no steeper than three horizontal to one vertical (3: I),
4. The embankment does not change or adversely affect the existing drainage pattern,
5. Adequate provisions are proposed to protect the embankment from erosion,
6. The toe of the embankment is no closer than one and one-half feet to an exterior property
line, and
7. The total volume of embankment does not exceed 250 cubic yards of material;
D. Excavation for foundations of buildings, structures, basements, cellars, swimming pools or
basins which are authorized by appropriate permits obtained from the Planning and Building
Department;
E. Excavation or embankment performed by a governmental agency, franchise holder, or its
contractor incidental to the construction of roadways, pipelines, or utility lines within its rights-
of-way;
F. "Foundations," as referred to herein, shall not be construed to include foundations for
retaining walls, drainage structures, or other structures appurtenant to the land development;
G. Routine maintenance of ornamental landscaping;
H. Agricultural operations, as defined pursuant to CVMC 17.35.030;
1. Maintenance of vegetation in accordance with an approved habitat management plan, or
other such similar plan, if consistent with such plan, and prepared pursuant to the Chula Vista
MSCP subarea plan;
J. Maintenance of vegetation in a designated fuel modification zone, consistent with the Chula
Vista MSCP subarea plan;
K. Clearing and grubbing in an area located entirely within a mapped development area, as
defined by CVMC 17.35.030, where it has been demonstrated to the satisfaction of the director
of planning and building, or designee, that no sensitive biological resources, as defined by
CVMC 17.35.030, exist;
1. Clearing and grubbing entirely located in a development area outside of a covered project,
as defined by CVMC 17.35.030, in an area that is one acre or less in size, is not part of a larger
contiguous clearing and grubbing project, and does not impact sensitive biological resources,
wetlands or listed noncovered species, as defined by CVMC 17.35.030.
15.04.155 Contractor - Qualifications required.
Every person doing land development work shall meet such qualifications as may be
determined by the City Engineer and/or director of planning and building to be necessary to
Ordinance 3104
Page 14
protect the public interest. The City Engineer and/or Director of Planning and Building may
require an application for qualification which shall contain all information necessary to
determine the person's qualifications to do the land development work.
15.04.160 Work to be performed by licensed contractor.
All land development work shall be performed by a contractor licensed by the state.
15.04.165 Inspection ofland development work - Responsibility therefor.
A. City Engineer. The City Engineer shall be responsible for all inspections of work not
otherwise delegated to some other person. These inspections include, but are not limited to,
drainage facilities, fencing, and compliance with state and City regulations in regard to the health
and safety of the general public.
B. Private Engineer. The private engineer shall be responsible for all surveying work
necessary for proper construction of the grading and drainage facilities. He shall inspect the site
to ensure that the embankment and cut slopes are placed at their proper line and grade. He shall,
prior to the release of bonds and surety, provide a written statement that, in his professional
opinion, all work incorporated in the grading and drainage plans, authorized under the grading
permit to include grading, drainage, and construction of appurtenant structures, has been
constructed to the lines and grades in substantial conformance with the approved plans, and any
approved revisions thereto.
C. Soil Engineer. The soil engineer shall be responsible for the testing of compaction and
determination of stability of the various slopes. He shall, prior to release of the bond and surety,
provide a written statement that inspections and tests were made by him, or under his
supervision, and that, in his professional opinion, all embankments have been compacted to City
standards and in accordance with the earthwork specifications for the project.
D. Landscape Architect. All landscaping work shall be designed under the supervision of a
landscape architect; however, a registered civil engineer or registered architect may be
responsible for the inspection of all landscaping and irrigation required in accordance with the
grading permit and plans if it is in conjunction with a project he has been contracted to do. He
shall, prior to the release of the bond and surety, provide a written statement that in his
professional opinion all work incorporated in the landscape and irrigation plans authorized under
the permit has been constructed in accordance with the approved plans and revisions thereto.
E. Biologist. A biologist, as defined by CVMC 17.35.030, shall be required to inspect all land
development or clearing and grubbing sites prior to work occurring in areas of sensitive
biological resources, as defined by CVMC 17.35.030, to ensure compliance with the permit
issued pursuant to this chapter. The biologist shall identify areas to be protected with appropriate
staking and fencing, ensure that these sensitive biological resources, as defined by CVMC
17 .35.030, are correctly identified on the grading or clearing and grubbing plan, and inspect the
staking and fencing after installation to ensure installation according to plan. In addition, the
biologist shall conduct an inspection after the work is completed. Prior to the release of the bond
and surety, the biologist shall provide a written statement that in his/her professional opinion all
work was conducted as authorized under the permit in accordance with approved plans and
revisions thereto.
F. Prior to the release of building permits for any given lot or lots, the private engineer shall
submit a statement (Form PW-E-I06B) as evidence that rough grading for land development has
been completed within standard tolerance in accordance with the approved plans, and that all
embankments and cut slopes and pad sizing are as shown on the approved plans.
Ordinance No. 3104
Page 15
The soil engineer will submit a statement that all embankments, under his direction, have been
completed to an indicated 90 percent relative compaction of dry density.
15.04.170 Transfer of responsibility for approval.
If the private engineer, soil engineer, landscape architect, engineering geologist, or biologist,
as defined in CVMC 17.35.030, of record is changed during the course of the work, the work
shall be stopped until the replacement has agreed to accept the responsibility within the area of
their technical competence for approval upon completion of the work.
15.04.175 Plans and reports to be prepared by engineers.
A. Plans for public improvements and land development work authorized under this chapter
shall be prepared by a civil engineer. Where soil or geologic reports or soil and geologic
investigations are required, the reports and investigations shall be prepared and conducted by an
engineering geologist and/or soil engineer as appropriate.
S. A seepage statement or study is required as a part of all soil reports. All soil engineering,
geologic, and geologic engineering reports shall consist of a preliminary and a final as-built
report. Whenever blasting is to be performed or bedrock is to be exposed, a seepage study must
be performed to determine method of handling excess water infiltration.
C. Plans prepared for land development work, which includes clearing and grubbing only,
shall be prepared with input from a biologist.
15.04.180 Private contract performance bond - Required when - Issuance conditions
generally.
Persons performing private contract work under a permit issued in accordance with this
chapter shall furnish a bondlbonds or cash deposit or instrument of credit executed by the owner
or his agent, or both, as principal in accordance with the provisions codified in this section
through CVMC 15.04.215.
The performance bondlbonds shall be issued by a surety company authorized to do business in
the state and shall be approved as to form by the City Attorney. The bondlbonds shall be in favor
of the City and shall be conditioned upon the completion, free of liens, of the work authorized by
the permit in accordance with the requirements of this chapter and the conditions prescribed by
the permit. Slope planting and irrigation bonds will be separate from the performance bond
requirements for appurtenant structures and grading. They will be held in the office of the
director of planning and building until satisfactory compliance with landscaping and irrigation
has been accepted.
15.04.185 Private contract performance bond - Conditions - Notice of default - Contents-
Effect.
The bondlbonds shall be conditioned upon the payment to the City of any costs incurred by the
City or its agent in completing the required work or performing work necessary to leave the site
in a nonhazardous condition and restoring habitat as may be needed. The bondlbonds shall be
further conditioned upon the payment to the City or its agents in completing the work required to
protect or repair adjacent public or private properties from damage from work performed under
the permit. Whenever the City Engineer 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 be done, the
estimated cost of completion and the time estimated by the City Engineer to be necessary for the
completion of the work. After the receipt of such notice, the principal or the surety must, within
the time specified, either complete the work satisfactorily or deposit with the City an amount
Ordinance 3104
Page 16
equal to the City Engineer's estimate of the completion cost plus an additional sum equal to 25
percent of such cost.
15.04.190 Private contract performance bond - Principal or surety liable for cost of
completing work when.
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 25 percent with the City, the City
Engineer may cause the required work to be completed. The principal and the surety shall be
liable for the cost of completing such work.
15.04.195 Private contract performance bond - Liability of City for performance of certain
work.
If the principal or surety deposits the estimated cost plus 25 percent as set forth in the notice,
the City Engineer 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
connection with the work so performed by the City or contractor employed by the City. The City
shall not be liable in connection with such work other than for the expenditure of said money.
15.04.200 Private contract performance bond - Cash deposit accepted in lieu when-
Default correction procedure.
In lieu of a bond, the permittee may post a cash deposit with the director of finance in an
amount equal 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 City Engineer should
proceed without delay and without further notice of proceeding whatever to use the cash deposit
or any portion of such deposit to complete the required work. The balance, if any, of such cash
deposit shall, upon the completion of the work, be returned to the depositor or to his successors
or assigns after deducting the cost of the work.
15.04.205 Private contract performance bond - Not required when.
No performance bond under the provisions of this chapter shall be required from the state, or
any of its political subdivisions, or any governmental agency.
15.04.210 Private contract performance bond - Required from certain contractors when-
Exception.
A contractor working for the state 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.
15.04.215 Private contract performance bond - Conditions - Compliance with certain
terms and provisions required.
Every bond or other performance guarantee shall include conditions that the permittee shall:
A. Comply with all provisions of this chapter;
B. Comply with all terms and conditions of the land development permit or clearing and
grubbing permit;
C. Complete the land development work within the time limit specified in the land
development permit or clearing and grubbing permit.
Ordinance NO.3] 04
Page 17
15.04.220 Private contract performance bond - Method of estimating amount - Schedule.
The amount ofthe bonds or cash deposits covering a specific job shall be based on the amount
of the estimate submitted by the person doing the work and approved by the City Engineer and in
accordance with the following schedule:
A. Appurtenant structures: 100 percent of the estimated cost of retaining walls. drainage
facilities or other grading appurtenances;
B. Grading: 25 percent of the estimated cost. This percentage may be varied by the City
Engineer to fit conditions which are unusual in his opinion;
C. Slope planting and irrigation: 100 percent of the estimated cost ofrequired landscaping and
irrigation facilities;
D. Maintenance oflandscaping: 100 percent of the estimated cost of maintaining landscaping
for the period specified upon the permit;
E. Habitat restoration: 100 percent of the estimated cost of repairing or replacing sensitive
biological resources, as defined by CVMC 17.35.030, including short-term maintenance and
long-term monitoring (typically five years), as specified by a biologist.
15.04.225 Release of bonds/security.
Bonds and other security shall be released 35 days after filing a "notice of completion" with
the county recorder (recorded copy to City Engineer) for improvements accepted by this City and
upon acceptance of completed Form PW-E-I 06 ("request for release of bonds") submitted by the
permittee. This form is available in the office of the City Engineer. Such form may not be
accepted until the end of the maintenance period for the required landscaping, unless a separate
bond is or has been submitted to guarantee maintenance of landscaping.
15.04.230 City Engineer - Enforcement responsibility and permit issuance authority.
The City Engineer shall enforce the provisions of this chapter. He shall, upon application by
qualified persons, issue permits in connection with land development work when all applicable
conditions established by this chapter for such permits have been met.
15.04.235 City Engineer - Powers and duties generally.
The City Engineer shall cause land development work being done without a permit to be
stopped until a permit has been obtained. He may require that such work done without a permit
be removed or corrected, including habitat restoration, at the expense of the responsible person.
Where land development work involves an embankment improperly constructed or constructed
without adequate testing, he shall cause such embankment to be reconstructed or, in lieu thereof,
shall cause a declaration of improper land development to be recorded in the office of the county
recorder. He shall have work done in connection with land development to ensure compliance
with the provisions of this chapter and shall release the bond when such work is properly
completed.
15.04.240 City Engineer - Authority to determine applicable fees.
The City Engineer shall determine the fees applicable under the provisions of this chapter.
15.04.245 City Engineer - Duty to consider certain recommendations and deny certain
applications.
When the nature of the work requested is such that it comes within the requirements of, or
affects the operation of, any other department of the City, the City Engineer shall obtain and
consider the recommendations of applicable City departments in determining the disposition of
the application. He shall deny applications which are not in the interest of the public health,
Ordinance 3104
Page 18
safety or general welfare, or do not constitute a reasonable use of land as indicated by the
existing zoning or an approved land use plan.
15.04.250 City Engineer - Grounds for cancelling permit or amending plans.
The City Engineer may cancel a permit or may require the plans to be amended when it is in
the interest of public health, safety and welfare and under any ofthe following:
A. Upon the request of the permittee;
B. When the facts are not as presented by the permittee in application;
C. When work as constructed or as proposed to be constructed creates a hazard to public
health, safety and welfare.
15.04.255 Appeals - Authorized when - Determination authority.
An applicant may appeal the City Engineer's denial of, or the conditions of approval of, an
application for a land development or clearing and grubbing permit to the City council.
15.04.260 Appeals - Time limit for filing - Form.
The applicant for a permit issued pursuant to this chapter, or the permittee, may appeal to the
City Council from any decision of the City Engineer within ten working days after said decision.
Appeals shall be in writing and shall state the specific nature of the appeal. Appeals shall be filed
with the City Clerk.
15.04.265 Permits - Application - Procedure generally - Detailed plan required.
Applications for permits authorizing land development work shall be made in accordance with
procedures established by the City Engineer. Applications shall be accompanied by such detailed
plans, specifications and schedules as listed in the subdivision manual, landscape manual, and as
otherwise required by the City Engineer. See CVMC 15.04.290 and 15.04.295 regarding fees.
15.04.270 Permits - Application - Detailed plans and specifications required.
A. Detailed plans and specifications for land development shall include, but not be limited to:
I. Those requirements listed in the subdivision manual;
2. A vicinity sketch or other data adequately indicating the site location;
3. A plot plan showing the location of the land development boundaries, lot lines, and
public and private rights-of-way lines;
4. A contour map showing the present contours of the land and the proposed contours or
grid elevations. Contours will extend beyond the limits of h'fading at least 100 feet;
5. The location of any buildings or structures within the land development boundaries, and
the location of any building or structure on adjacent property which is within fifteen feet of the
land development boundary;
6. Typical sections showing details concerning proposed cut and fill slopes;
7. Adequate plans of all drainage devices, walk or other protective devices to be constructed
in connection with, or as a result of, the proposed work, together with a map showing the
drainage area of land tributary to the site and the estimated runoff of the area served by any
drainage facilities and devices;
8. An estimate of the quantity of excavation and fill involved, quantities relative to
construction of appurtenant structures, estimate of cost and estimated starting and completion
dates;
9. A landscape and irrigation plan indicating the total landscaped square footage, plant
quantity, spacing, type and location and the layout of the irrigation system, and an estimate of
cost of the landscaping and irrigation facilities;
Ordinance NO.3] 04
Page 19
]0. A map, prepared by a biologist, as defined by CYMC ]7.35.030, illustrating the
proposed land development work relative to sensitive bio]ogical resources in compliance with
the applicable habitat loss and incidental take permit issued pursuant to Chapter 17.35 CYMC;
11. An erosion control plan as may be required by the City Engineer or the director of
Planning and Bui]ding.
B. A soil investigation may be required to correlate surface and subsurface conditions with the
proposed land development plan. The results of the investigation shall be presented in a soil
report by a soil engineer which shall include, but not be limited to: location of faults; data
regarding the nature, distribution, and strength of existing soil and rock on the site; the soil
engineer's conclusion; recommendations for grading requirements, including the correction of
weak or unstable soil conditions and treatment of any expansive soil that may be present; and his
opinion as to the adequacy of building sites to be developed by the proposed land development
operations. The soil engineer shall provide an engineering geology report by an engineering
geologist when required by the City Engineer. A seepage statement or a study is required as a
part of all soil reports. Whenever blasting is to be performed or bedrock is to be exposed, a
seepage study must be performed to determine method of handling excess water infiltration.
C. The City Engineer may require other data or information as he deems necessary. He may
eliminate or modify any of these requirements where, in his opinion, they will serve no practical
purpose.
15.04.275 Permits - Issuance - Prerequisites and contents.
The City Engineer shall issue permits for land development work upon approval of
applications and plans, receipt of the prescribed fees and bonds, and receipt of letters from the
private engineer, soil engineer, engineering geologist, landscape architect, biologist, and others,
as required by the City Engineer, that they have been retained by the permittee to perform the
work specified in CYMC 15.04.165. The permits shall include, or refer to, the conditions, plans
and specifications which shall govern the work authorized.
15.04.280 Investigations authorized and required when - Fee.
The City Engineer may require the payment of the prescribed fees for special investigations
when the proposed work or inquiries necessitate that special work be performed by the City.
Special investigations shall include all requests for time extensions or variance requests and shall
be accompanied by the special investigation fee.
15.04.285 Agreement required for uncontrolled embankments - Additiona] specifications.
A. App]ications for land development permits involving uncontrolled embankments shall be
accompanied by an agreement signed by the property owner. The agreement shall be prepared by
the City Engineer and shall contain the following provisions and such other provisions as may in
the opinion of the City Engineer afford protection to the property owner and City:
]. The land development work shal] be designated as an uncontrolled embankment and shall
be constructed in accordance with plans approved by the City Engineer.
2. The owner acknowledges that, as an uncontrolled embankment, the site is not eligible for
a building permit unless special soil analysis and foundation design are submitted.
3. The land development work shall be done and maintained in a safe and sanitary manner
at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold
the City harmless with respect thereto.
B. The agreement for uncontrolled embankments shall be approved by the City Council and
recorded by the City Clerk in the Office of the County Recorder as an obligation upon the land
Ordinance 3104
Page 20
involved. The notice shall remain in effect until release of the agreement is filed by the City
Engineer.
15.04.290 Fees - Collection - Method of estimation - Verification - Payment required -
Exemptions.
A. Fees required by this chapter shall be collected by the City Engineer and deposited with the
director of finance. Such fees shall be as presently designated, or as may in the future be
amended, in the master fee schedule.
B. No permit shall be issued, and no land development work shall be permitted until the City
Engineer has received the fees applicable under this chapter.
C. The state or any of its political subdivisions or any governmental agency shall file
applications for permits and shall be issued permits as required by this chapter. No fees shall be
required when the work is done by persons working directly for the state or agency.
D. The City Manager, or his designee, may authorize, without advance appropriation, the
refund of fees required by this chapter to be collected, or such portion of the fees deemed
appropriate for refund by the City Manager (net of costs incurred by the City in processing the
permit application or unless the City has used the fees to construct facilities for a development
for which the fees were paid), if the City Manager finds that the permit for which they were
collected has been revoked, surrendered or terminated without use by the permittee and the
refund is less than $100,000. All other refunds shall be authorized by the City Council.
15.04.295 Fees - Schedule for computation.
Fees shall be as presently designated, or as may in the future be amended, in the master fee
schedule
15.04.305 Fees - To be doubled in certain cases - Effect of imposition.
In the event that land development work is commenced without a land development or
clearing and grubbing permit, the City Engineer shall cause such work to be stopped until a
permit is obtained. The permit fee, in such instance, shall then be the normally required permit
fee, plus $500.00. The payment of the increased permit fees shall not relieve any person from
fully complying with the requirements of this chapter in the performance of the work. Such fee
shall defray the expense of enforcement of the provisions of this chapter in such cases.
When land development work commences without a permit and results in damage to sensitive
biological resources, as defined by CVMCI7.35.030, restoration requirements (including
maintenance and monitoring) shall be imposed at the sole discretion of the director of planning
and building and the full cost of the restoration shall be borne by the property owner.
When land development work is inconsistent with a permit issued pursuant to Chapter 17.35
CVMC and results in damage to sensitive biological resources, as defined by CVMC 17.35.030,
restoration requirements (including maintenance and monitoring) shall be imposed at the sole
discretion of the director of planning and building and the full cost of the restoration shall be
borne by the property owner. The payment of such fees or penalties as described above shall not
prevent the imposition of any penalty prescribed or imposed by this chapter, Chapter 1.41
CVMC, or other federal or state law.
15.04.310 Violations - Declared unlawful and public nuisance - Abatement authority.
Any land development work commenced, done, maintained or allowed, contrary to the
provisions of this chapter, shall be, and the same is hereby declared to be, unlawful and a public
nuisance. Upon order of the City Council, or upon the determination of the City Manager or the
City Attorney, necessary proceedings for the abatement, removal and/or enjoinment of any such
Ordinance NO.3] 04
Page 2]
public nuisance shall be commenced in the manner provided by law. Alternatively, the
procedures to abate under Chapter].30 CYMC may be used. Any failure, refusal, or neglect by a
responsible party to obtain a permit as required by this chapter shall be prima facie evidence of
the fact that a public nuisance has been committed in connection with any land development
work commenced or done contrary to the provisions of this chapter.
15.04.315 Abatement of dangerous conditions.
Where the City Engineer determines that land development work has created a danger to
public or private property or has resulted in the deposition of debris on any public way or
interferes with any existing drainage course, the City Engineer shall serve written notice on the
property owner, describing the condition and requiring that the property owner abate the
dangerous condition within ten days after the notice is received. If the property owner fails to so
abate the condition, the City Engineer may do so, in which event the property owner shall be
liable for all costs of such abatement, including, but not limited to, reasonable attorney fees. The
expenses of abatement shall be a lien against the property on which it is maintained and a
personal obligation against the property owner.
15.04.320 Emergency abatement by City - Liability for costs.
If it appears to the City Engineer that an emergency exists because land development work has
resulted in a danger to public or private property, then, without following the procedure
established by CYMC ]5.04.315, the City Engineer may order all work necessary to remove,
abate or mitigate the condition creating such emergency. The City Engineer may do the work
with his own employees or may contract to have the work done; in either event, the City
Engineer shall keep a record of the costs of the work and charge the cost of the work to the
property owner who shall repay the City for the cost thereof.
15.04.325 Costs of abatement - Special assessment procedure - Statutory authority.
The costs of abating a dangerous condition within the meaning of this chapter shall be
imposed as a special assessment against the land on which such abatement was done. Costs and
assessment procedures will be in accordance with Chapters].40 and ].4] CYMe. The property
owner may raise and the City Manager shall consider, as a complete or partial defense to the
imposition of the assessment, questions as to the necessity of the abatement and the means in
which it was accomplished. Pursuant to Government Code Section 38773.5, abatement costs
shall be transmitted to the tax collector for collection. This assessment shall have the same
priority as other City taxes.
15.04.330 Conflicts.
Except for exempt projects, if a conflict occurs between this chapter and Chapter] 7.35
CYMC, the stricter regulation shall apply.
SECTION II: This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
~v: 'l'l'\\ ~{~}.~
Ann Moore
City Attorney
Ordinance 3104
Page 22
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 26th day of February 2008, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
J~~
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
)
)
I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 2008-3104 had its first reading at a regular meeting held on the 19th
day of February 2008 and its second reading and adoption at a regular meeting of said City
Council held on the 26th day of February 2008; and was duly published in summary form in
accordance with the requirements of state law and the City Charter.
Executed this 26th day of February 2008.
./1~MA i! ~~J.{.fl
Donna R. Norri~, CM ,Interim City Clerk