Chula Vista Municipal Code Ch. 17.08 Open Space District Encroachments

Sections:

• 17.08.010 Purpose and intent.

• 17.08.020 Council authorization required when.

• 17.08.030 Improvements not requiring Council authorization – Temporary encroachments.

• 17.08.040 Maintenance and removal agreement – Required when – Contents.

• 17.08.050 Fees – Payment required when.

***** For provisions of the Open Space Maintenance Act authorizing cities to preserve undeveloped areas, see Gov. Code § 50575, et seq.

CROSS REFERENCES: Improvement District Administration, see Ch. 2.22 CVMC. Residential Construction Tax, see Ch. 3.32 CVMC.

A. It is the intent of the City Council to authorize the use of or encroachment into open space maintenance districts for certain private purposes by property owners of parcels adjacent to and contiguous with said open space maintenance districts under such circumstances where said use or encroachment does not interfere with or obstruct the purpose of the open space district or the continued maintenance of said district.

B. It is the purpose of the Council, in adopting the ordinance set forth in this chapter, to provide procedures and regulations so that such property owners may make appropriate use of said open space under circumstances where the grading of property does not create usable pads conforming to lot lines established on subdivision maps, or where property owners wish to undertake the landscaping and maintenance of a portion of the maintenance district adjacent to and contiguous with their property in a manner consistent with the overall purpose and development design of the particular maintenance district. (Ord. 2331 § 1, 1989; Ord. 1836 § 1, 1978).

A. All encroachments into open space maintenance districts shall be authorized by resolution of the City Council, except those specifically delegated to the Director of Parks and Recreation.

B. 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.

C. In all cases requiring authorization by resolution of the City Council, the Director of Parks and Recreation shall submit the application with his recommendations to the City Manager for presentation to the City Council. Upon approval of the City Council, the Director of Parks and Recreation shall collect the prescribed fees and issue the required permit. (Ord. 2385 § 1, 1990; Ord. 2331 § 1, 1989; Ord. 1836 § 1, 1978).

The Director of Parks and Recreation is authorized to issue encroachment permits without prior authorization from the City Council for the installation of the following improvements:

A. Landscaping, as approved by the City’s Landscape Architect, or a maximum 20-foot firebreak as approved by the Director of Parks and Recreation. The encroachment shall be exempt from the permit fee authorized by CVMC 17.08.050;

B. Fences, in accordance with zoning and building codes, which encroach less than a total of 500 square feet into the open space;

C. Retaining walls, in accordance with zoning and building codes, not to exceed 18 inches in height and which encroach less than a total of 500 square feet into the open space;

D. Private utility service, including telephone, gas and electric, cable television and private lighting systems. (Ord. 2385 § 2, 1990; Ord. 2331 § 1, 1989; Ord. 2006 § 1, 1982; Ord. 1836 § 1, 1978).

Applications for encroachment permits for any buildings or structures of any nature shall be accompanied by an encroachment application fee in the sum of $100.00, and an encroachment maintenance and removal agreement, which shall authorize the construction and use of the building or structure, and which shall be signed by the property owner and properly acknowledged. Said agreement shall be prepared by the Director of Parks and Recreation and shall contain the following covenants with the City:

A. The encroachment shall be installed and maintained in safe and sanitary condition at the sole cost, risk and responsibility of the owner and successor in interest, who shall hold the City harmless with respect thereto.

B. The agreement is made for the direct benefit of the property owner’s land, described in the agreement, and the covenants therein shall run with the property and shall be binding upon the assigns and successors of the owners.

C. The encroachment shall be abandoned, removed or relocated by the property owner upon demand in writing by the Director of Public Works. The property owner must remove or relocate said encroachment within 30 days after such notice, or within such longer period as may be provided specifically within said agreement in the instance of buildings or structures which would require a longer period to effectuate such removal or relocation. If the owner fails to remove or relocate the encroachment within the period allotted, the Director of Parks and Recreation may cause such work to be done and the cost thereof shall be imposed as a lien upon the property.

D. Encroachments authorized by the Director of Parks and Recreation need not be recorded. (Ord. 2385 § 3, 1990; Ord. 2331 § 1, 1989; Ord. 1836 § 1, 1978).

The property owner/applicant desiring to encroach into the open space maintenance district shall pay the required fee(s) to cover the cost of investigation and processing of such request. (Ord. 2506 § 1, 1992; Ord. 2331 § 1, 1989; Ord. 1836 § 1, 1978).

The applicant shall submit a plat showing generally the area in which he wishes to encroach into the open space. Such plat need not be prepared by a registered civil engineer and need only show a general metes-and-bounds description of the encroachment area. (Ord. 2331 § 1, 1989; Ord. 1836 § 1, 1978).

A. The Director of Parks and Recreation may require submission of insurance which has been approved by the City Attorney, executed and delivered by a reliable insurance company authorized to carry on an insurance business in the state, by the terms of which said insurance company assumes responsibility for injuries to persons and property as a result of constructing the work as set forth in the permit. The insurance, when required, shall be in the following amounts:

1. One hundred thousand dollars ($100,000) for property damage;

2. Two hundred thousand dollars ($200,000) for death or injuries to any person in any one occurrence;

3. Five hundred thousand dollars ($500,000) for death or injuries to two or more persons in any one occurrence.

B. Governmental agencies, including the state of California and its political subdivisions, shall not be required to provide the insurance required by this section, but shall be required to hold the City harmless.

C. Any permittee for whom insurance requirements have been waived shall be required to hold harmless and defend the City, its elective and appointive boards, officers, agents and employees, from any liability for damage or claims for damage for personal injury, including death, as well as from claims which may arise from the permittee, or any subcontractors or agents or employees thereof, in performing under the permit. (Ord. 2385 § 4, 1990; Ord. 1836 § 1, 1978).