HomeMy WebLinkAboutOrd 2000-2824ORDNANCE NO. 2824
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 18.28 OF THE CHULA
VISTA MUNICIPAL CODE REGARDiNG DEPOSITS FOR
PUBLIC STREET TREES IN SUBDIVISIONS IN WHICH THE
COMPLETION OF FULL PARKWAY LANDSCAPE
IMPROVEMENTS IS GUARANTEED BY SUFFICIENT SURETY
WHEREAS, Section 18.36.010 of the Chula Vista Municipal Code requires subdividers to
provide public street trees as part of minimum improvements; and
WHEREAS, subdividers are required, pursuant to Section 18.16.220 of the Chula Vista
Municipal Code, to provide surety to guarantee the completion of full improvements within
subdivisions including those in which full landscape improvements, consisting of, but not limited
to, the installation of irrigation systems and the planting of vegetation and street trees, are required
in the area between the public curb line and public sidewalk ("parkway"); and
WHEREAS, Section 18.28.010 of the Chula Vista Municipal Code requires subdividers to
deposit a fee with the Director of Finance for each lot in which a street tree has not been installed
at the time of acceptance of public improvements; and
WHEREAS, staff has determined that the deposit of a fee with the Director of Finance for
each lot in which a street tree has not been installed in the parkway at the time of acceptance of
public improvements is duplicative and is not required in subdivisions in which the completion of
full parkway landscape improvements has been guaranteed by sufficient surety, thus insuring that
the parkway improvements including the street trees will be installed; and
WHEREAS, the City of Chula Vista has conducted legally noticed public hearings on
September 12, 2000, and has provided all interested parties an opportunity to be heard on these
issues.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I:
street trees --
follows:
That Section 18.28.010 of the Chula Vista Municipal Code, entitled "Deposits for
Required -- Amounts -- Disposition -- Labor costs." is hereby amended to read as
18.28.010 Deposits for street trees--Required--Amounts--Disposition--Labor costs.
The subdivider is required to install approved street trees in accordance with Section
18.32.110 as lots within the development are occupied. For those street trees which
have not been installed at the time of acceptance of public
improvements, the subdivider shall deposit with the Director of Finance the Required
Ordinance 2824
Page 2
Deposit Fee(s). For subdivisions in which full landscape improvements, including
but not limited to the installation of irrigation systems and the planting of vegetation
and street trees, are required in the area between the public curb line and the public
sidewalk and in which the subdivider has provided sufficient surety to guarantee
completion of said landscape improvements, no Deposit Fee is required as a
prerequisite to the acceptance of public improvements.
No acceptance of public improvements shall be given until such sums, if required
pursuant to Paragraph A, are received by the Director of Finance. Such sums shall
be deposited in the public works street tree trust fund. Sums in this fund shall be
used for the purchase and planting of trees at such time as the lots become occupied.
Costs for labor and equipment required to plant trees for which deposits have been
made shall be determined by the Director of Public Works. The Director of Finance
shall transfer sums so determined to appropriate operating accounts upon receipt of
a summary of planting costs and request for transfer of funds from the Director of
Public Works.
In any instance where the planting of a tree at a specific site is determined by the
director of public works to be impractical or where the adjacent property owner
makes practical objection to the planting of a tree, the deposit for such tree may be
utilized for the pumhase and planting of trees at any location within the public street
system of the city.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after
its second reading and adoption.
Presented by
Approved as to form by
XDirector
· Kaheny ~
ey
- Ordinance 2824
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this I0th day of October, 2000, by the following vote:
AYES:
NAYS:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
Davis, Moot, Padilla, Salas and Horton
None
None
ATTEST:
Shirl~ayorff~J
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2824 had its first reading at a regular meeting held on the 26th day of September,
2000 and its second reading and adoption at a regular meeting of said City Council held on the
10th day of October, 2000.
Executed this 10th day of October, 2000
Susan Bigelow, City Clerk