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HomeMy WebLinkAboutOrd 1982-2011 ORDINANCE NO. 2011 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SEVERAL CHAPTERS AND SECTIONS OF THE CHULA VISTA MUNICIPAL CODE, ALL RELATING TO THE MASTER FEE SCHEDULE The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Sections 6.20.030E, 12.20.100B and D, 12.28.020, 12.28.030A, 12.28.060A, 15.04.290, 15.08.070, 15.16.010, 15.24.160, 15.28.010, 18.28.080, 18.28.090, 19.07.010, 19.14.030F, 19.14.070, 19.14.160, 19.14.260, 19.14.360, 19.14.490, 19.14.510, 19.14.577, 19.14.590, 19.58.370B, 19.58.380C, 19.60.020 and 19.62.190 of the Chula Vista Municipal Code be, and the same are hereby amended to read as follows: Sec. 6.20.030 Application required-Procedure- Transfer licensing procedures. E. When any dog owner presents evidence that a previously licensed dog is deceased or executes a declaration under penalty of perjury of such a fact, said owner may secure a transfer of the license previously issued to such an animal to a newly acquired dog for the balance of the license period upon the payment of a fee as presently designated, or as may in the future be amended, in the Master Fee Schedule and the presentation to the finance officer of proof of vaccination against rabies. The finance officer shall note on the original applica- tion the name and description of the animal to which the license has been transferred. Sec. 12.20.100 Permit-Fees required-Exemptions- Refunds. B. The permit fees required by this section shall be collected prior to issuance of a public works construction permit. D. Permit fees for public works construction permits shall be as presently designated, or as may in the future be amended, in the Master Fee Schedule. -1- Sec. 12.28.020 Council authorization required when -Procedure All encroachments in the public rights-of-way shall be authorized by resolution of the city council, except those specifically delegated to the city engineer and those exempted below; provided further, that the following types of encroachments are specifically reserved for council authorization. Applications for permits for which the provisions of this chapter or schedule of fees do not properly apply shall require authorization by city council resolution. In all cases requiring authorization by resolution of the city council, the city engineer shall submit the application with his recommendations to the city manager for presentation to the city council. Upon approval of the city council, the city engineer shall collect the prescribed fees and issue the required permit. Sec. 12.28.030 Improvements not requiring council authorization-Temporary encroachments. A. The city engineer is authorized to issue encroach- ment permits without prior authorization from the city council for the installation of the following improvements. 1. Fences, in accordance with zoning and building codes; 2. Retaining walls, in accordance with zoning and building codes, not to exceed five feet in height. Sec. 12.28.060 Fees-Payment required when-Schedule -Exemptions. A. Engineering and permit fees required by this section shall be collected by the city engineer. Such fees shall be as presently designated, or as may in the future be amended, in the Master Fee Schedule. 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 city engineer. -2- Sec. 15.04.290 Fees-Collection-Method of estimation -Verification-Payment required- Exemption. 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 desig- nated, or as may in the future be amended, in the Master Fee Schedule. B. No permit shall be issued, and no land development shall be permitted until the fees applicable under this chapter have been received by the city engineer. 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. Sec. 15.08.070 Building Permit Fees. Fees for processing and inspecting building permits shall be as presently designated, or as may in the future be amended, in the Master Fee Schedule. Sec. 15.16.010 Uniform Mechanical Code, 1976 Edition adopted by reference. There is hereby adopted by reference that certain document known and designated as the "Uniform Mechanical Code, 1976 Edition, Appendix A, Chapter 22 of Appendix B, and Appendix "C", as copyrighted by the International Conference of Building Officials, three copies of which are on file in the office of the city clerk. Said document is hereby adopted as the mechanical code of the city for providing for and regulating the complete installation and maintenance of heating, ventilating, cooling and refrigeration systems, providing for the issuance of permits therefor, and each and all such regulations, provisions, penalties, conditions, and terms of the Uniform Mechanical Code, 1976 edition, Appendix A, Chapter 22 of Appendix B and Appendix C are hereby referred to, adopted, and made part hereof as though fully set forth in this chapter, excepting such portions as are deleted, modified or amended in this chapter. Exceptions: Fees shall be as presently designated, or as may in the future be amended, in the Master Fee Schedule. -3- Sec. 15.24.160 Fees for permits and inspections- Schedule. Fees for processing and inspecting electrical permits shall be as presently designated, or as may in the future be amended, in the Master Fee Schedule. Sec. 15.28.010 Adopted by reference. There is adopted by reference that certain document known and designated as the "Uniform Plumbing Code, 1979 Edition" and Appendix I as copyrighted by the Inter- national Association of Plumbing and Mechanical Officials, three copies of which are on file in the office of the city clerk. Said document is hereby adopted as the plumbing code of the city for providing for and regulating the complete installation, mainte- nance and repair of plumbing, drainage systems, water systems, gas systems, private sewage disposal systems, and providing for the issuance of permits. The fee amounts shall be as presently designated, or as may in the future be amended, in the Master Fee Schedule. In each and all such regulations, provisions, penalties, conditions and terms of the Uniform Plumbing Code,, 1979 Edition and Appendix I are hereby referred to, adopted and made a part hereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or amended. Sec. 18.28.080 Recordation fee. Upon the filing of the final map with the city council, the property owner or subdivider shall deposit with the city clerk a sum sufficient to cover the cost of recording the map, as presently designated, or as may in the future be amended, in the Master Fee Schedule. Upon recordation of the final map, the property owner or subdivider shall submit to the city engineer one dupli- cate mylar print of the recorded final map together with eight blue-line prints of the recorded final map. Sec. 18.28.090 Public works inspection -Additional payments required when. In addition to the Master Fee Schedule relative to public works inspections, subdivider or contractor shall pay to the city, prior to the acceptance of public -4- improvements in any subdivision or street right-of-way or easement for public purposes, the amount as presently designated, or as may in the future be amended, in the Master Fee Schedule for those public works inspections undertaken outside of regular working ho~rs or on Saturdays, Sundays and legal holidays during the course of construction of any public improvements. Sec. 19.07.010 Specific plans - Statutory authority -Scope of. Sections 65450 through 65507 of the Government Code of the State relating to the authority for and scope of specific plans, and the procedures for the adoption of specific plans, are hereby adopted and incorporated herein by reference as though set forth in full. The fee for processing specific plan amendments and specific plan development proposals or modifications shall be as set forth in the Master Fee Schedule. Sec. 19.14.030 Zoning administrator - Actions authorized without public hearing. F. Fees: A fee in the amount as presently designated, or as may in the future be amended, in the Master Fee Schedule shall accompany each application for a variance or conditional use permit or modifications thereto considered by the zoning administrator without a public hearing. Sec. 19.14.070 Conditional use permit - Application - Fee - Public Hearing. Applications for conditional use permits or modifications thereto shall be made to the planning commission in writing on a form prescribed by the planning commission and shall be accompanied by plans and data sufficient to show the detail of the proposed use or building. The application shall be accompanied by a fee as presently designated, or as may in the future be amended, in the Master Fee Schedule. The director of planning or the planning commission shall have the discretion to include in notice of the hearing on such application notice that the planning commission will consider classification of other than that for which application is made and/or additional properties and/or uses. In those cases where the application conforms to the requirements of Section 19.14.030A, the application shall be directed to the zoning administrator. Sec. 19.14.160 Variance - Fee required. The fee for a variance or modification thereof shall be as presently designated, or as may in the future be amended, in the Master Fee Schedule, no part of which shall be refundable. Sec. 19.14.260 Conditional use permit or variance - Time limit for utilization - Void when - Extensions - Validity. Any conditional use permit or zone variance granted by the city as herein provided shall be conditioned upon the privileges granted being utilized within one year after the effective date thereof. A variance or conditional use permit shall be deemed to be utilized if the property owner has substantially changed his position in reliance upon the grant thereof. Evidence of change of position would include completion of construction or any expenditures of money by the property owner preparatory to construction and shall also include the use of the property as granted. If there has been a lapse of work for three months after commencement, the conditional use permit or zone variance shall be void. The commission may, by resolution, grant an extension of time contained in a currently valid zone variance or conditional use permit without a public hearing upon appeal of the property owner, provided that there has been no material change or circumstances since the granting of the variance or conditional use permit which would be injurious to the neighborhoed or otherwise detrimental to the public welfare. The fee for an extension of time for a variance or conditional use permit shall be as set forth in the Master Fee Schedule. Sec. 19.14.360 Planned unit development - Fees. The fee for a planned unit development or modification thereof shall be as presently designatedf or as may in the future be amended, in the Master Fee Schedule. Sec. 19.14.490 Home Occupations - Permit Required When - Restrictions and Requirements - Revocation when - Appeals. In any R zone, a customary home occupation may be permitted subject to a home occupation permit granted by the director of planning which is merely incidental and secondary to residence use. Each such permit shall be accompanied by a filing fee as set forth in the Master Fee Schedule. The following are typical home occupations: fine arts, handicrafts, dressmaking, millinery, laundering, preserving, home cooking, route salesman; or secondary office of a doctor, dentist, lawyer, architect, engineer, teacher or member of another recognized profession. The home occupation shall not: A. Involve the use of power equipment using motors of more than a total of one horsepower capacity or the equivalent thereof, unless a use permit therefor shall have been issued by the planning commission; B. Generate vehicular traffic in excess of that associated with a residential use; C. Create a nuisance by reason of noise, dust, odor, vibration, fumes, smoke, electrical interference, or other causes; D. Permit any external display of products, merchan- dise, or any sign to identify the home occupation. A home occupation permit shall be revoked by the planning director upon violation of any requirement of this chapter, or upon any conditions or limitation of any permit issued, unless such violation is corrected within fifteen days of notice of such violation, and any such permit may be revoked for repeated violation of the requirements of this section or of the conditions of such permit. In the event of denial of any permit, or the revocation thereof, or of objection to the limitations placed thereon, appeal may be made in writing to the planning commission, whose decision shall be final. Sec. 19.14.510 Zoning Permit - Application. Application shall be made by the property owner or agent thereof on a form prescribed by the city, and shall be accompanied by a filing fee as set forth in the master fee schedule. Sec. 19.14.577 Precise plan approval - Modification of the precise plan. Requests for modifications shall be submitted to the planning director in written form and shall be accompanied by a filing fee as set forth in the master -7- fee schedule and such additional maps, statements or other information as may be required to support the modification. If the proposed modification is deemed by the director of planning to be insignificant in nature, the changes may be approved by the director subject to the filing of a written report to the planning commis- sion and city council. If, in the opinion of the director of planning, the proposed changes are signif- icant in scope, the applicant will be notified within ten days of the written request that a new application and hearing will be required. Seco 19.14.590 Fees for appeals and requested actions before the planning commission and zoning administrator. For all appeals from actions of the planning commis- sion, zoning administrator or any appeal filed pursuant to Chapter 19.12 or 19.14, the fee shall be as presently designated, or as may be in the future amended, in the Master Fee Schedule. In addition, any request for action by the planning commission not specifically covered within the fee structure established by this chapter shall be in an amount as presently designated, or as may be in the future amended, in the master fee schedule. Sec. 19.58.370 Outside sales and display - Permanent and temporary. B. Temporary: Temporary outside sales and display of merchandise for a period of twenty-four days in any calendar year, but not exceeding seven consecutive days, shall be permitted upon approval of a tem- porary outside sales permit by the zoning admini- strator. Not more than six permits a year shall be issued to any one business or shopping complex. Each such permit shall be accompanied by a filing fee as set forth in the master fee schedule. Upon application for a permit, the applicant shall submit two site plans showing the location of the proposed outside sales area. The plan shall include sufficient information to insure that the display and sales will be conducted in a safe and proper manner and will not obstruct traffic or cause a hazardous condition based on the standards adopted by the city. The permit shall designate the commencement and termination dates. Other required conditions: a. The application shall be submitted for approval a minimum of two days prior to the requested date of commencement. b. There shall be a minimum of thirty days between the commencement dates of the permits. c. Temporary outside sales are prohibited in the C-O, C-N and C-V zones. d. The sales area shall maintain a twenty-five foot setback from the street when within an area designated for parking. e. The sales area may utilize a portion of required parking to a maximum of twenty percent. f. The sales area shall not interfere with the internal circulation of the site. g. Pennants may be used only for safety and precautionary purposes. h. The sales area shall be kept in a neat and well-kept manner at all times. i. Price signs may be used but shall not exceed twelve by sixteen inches. j. Other signs may be allowed subject to zoning administrator approval. Said signs shall not exceed two square feet of lineal street frontage of the sales area. k. Promotional items allowed in conjunction with a special event, such as anniversaries and grand openings, are not subject to the provisions herein except when an outside sales permit is requested. 1. Only merchandise customarily sold on the premises shall be considered for temporary outside sales and display. -9- Sec. 19.58.380 Special events. C. The applicant shall submit a statement stating the reason for the special event and indicating the commencement and ending date. The applicant shall also submit a site plan indicating the location and area of signs and location of promotional items. Each permit shall also be accompanied by a filing fee as set forth in the master fee schedule. Sec. 19.60.020 Installation - Requirements generally - Sign permit required when - Fee. No person except a public officer or employee in performance of a public duty shall paste, post, paint, print, nail, tack, erect, place or otherwise fasten any sign, pennant or notice of any kind, or cause the same to be done, facing or visible from a public street in the city except as provided herein and elsewhere in this title. To insure compliance with this section a sign permit shall be required for any sign except as provided hereinafter: Window signs, real estate signs, subdi- vision signs, and residential signs, as defined in Chapter 19.04 herein. Each sign permit shall be accompanied by a filing fee as set forth in the master fee schedule. Sec. 19.62.190 Residential parking - Two-car garage requirement - Procedure for conversion to living purposes - Approval required. Prior to the issuance of a building permit for the conversion of any existing two-car garage for living purposes, the property owner desiring such conversion shall be required to provide the following conditions and approvals: A. Two paved off-street parking spaces with minimum dimensions of ten feet by nineteen feet for each of said parking spaces shall be provided. Said parking spaces shall be located in back of the front yard setbacks; provided however, that the front yard setback area may be used to accommodate the required off-street parking if the plans for said parking spaces are approved by the zoning administrator. The zoning administrator shall examine said plans to insure that the parking as proposed does not create -10- any obstacles to vehicular or pedestrian traffic and would not be detrimental to the surrounding neighbor- hood. If the zoning administrator disapproves the parking plans, the property owner may file an application for a variance as provided in this chapter. Tandem parking as provided in this chapter will not satisfy the parking requirements. B. Proper enclosed storage space: The required storage unit shall contain a minimum of eighty square feet of floor area for two-car garages and forty square feet for one-car garages, and shall be no less than six feet high, with no other dimension less than four feet, and shall have direct exterior access. C. All plans for the conversion of existing garages for living purposes, as well as plans for new garages or carports, shall be submitted to the planning depart- ment for approval, to insure that the conversion is compatible in design and materials with the existing dwelling. Plans for garage conversions shall show either: 1. The exterior of the garage unchanged; or 2. The exterior of the garage fully altered to match the existing house elevation in colors, materials, and trim. D. A filing fee as set forth in the master fee schedule shall accompany each application for a garage conversion. SECTION II: Sections 12.28.041, 19.08.040, 19.14.485 and 19.14.486 are hereby added to the Chula Vista Municipal Code to be and to read as follows: Sec. 12.28.041 Installations Exempt from Permit Requirements. Sidewalk underdrains, irrigation systems and private utility systems shall be exempt from the requirements of this chapter. -11- Sec. 19.08.040 Violations - Subsequent application - Fee. An application filed subsequent to the violation of any of the provisions of this title for the purpose of determining, after the fact, compliance therewith shall be accompanied by a filing fee as set forth in the Master Fee Schedule of the City. Sec. 19.14.485 Landscape plan approval - Purpose - Required when. The purpose of landscape plan approval is to deter- mine compliance with this title and the provisions of the landscape manual of the City of Chula Vista. Landscape plan approval shall be required for the following projects: Multiple family, commercial, industrial, planned unit development, unclassified uses, remodeling over $10,000 for the above uses, developments with precise plans, parking lots with five or more stalls, and graded slopes. Sec. 19.14.486. Landscape plan approval - Application - Accompanying documents - Fee. Application for landscape plan approval shall be made to the director of planning, and shall be accompanied by the drawings and information prescribed by the landscape manual. Each application shall also be accompanied by a filing fee as set forth in the master fee schedule of the city. SECTION III: Sections 15.04.300 and 18.28.070 of the Chula Vista Municipal Code be, and the same are hereby repealed. SECTION IV: This ordinance shall take effect and be in full force on the thirty-first day from and after its adoption. Presented by Approved as to form by George DoJLindberg, City Manager Attorney -12- FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE TY OF CHULA VISTAj CALIFORNIAj HELD November 9 , 19 82, AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD November 16 · 19 82 ~ BY THE FOLLOWING VOTE, TO-WIT: AYES: Councilmen: Malcolm, Moore, McCandliss, Scott, Cox NAYES: Councilmen: None ABSTAIN: CourK~ilmen: None ABSENT: Councilmen: None ~y~e City of Chulo Vista A T T ~C i ty~ler~'~~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of ORDINANCE NO, 2011 ,and that the some has not been amended or repealed. DATED (seal) City Clerk CC-660 ORDINANCE 2011 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SEVERAL CHAPTERS AND SECTIONS OF THE CHULA VISTA MUNICIPAL CODE ALL RELATING TO THE MASTER FEE SCHEDULE By a unanimous vote on November 16, 1982, the City Council placed the ordinance on second reading and adoption. The ordinance revises the various sections of the Municipal Code as it pertains to specified fees in accordance with Resolution 11063 which amends the Master Fee Schedule. The Master Fee Schedule relates to both land development- related fees and certain non-development-related fees. The purpose of the ordinance is to ensure full cost recovery levels are implemented for the various fees charged by the City. Copies of the ordinance are available at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista. Dated: November 17, 1 982