Vista Municipal Code § 19.08 Street, Sidewalk and Driveway Improvements

Testing - Safety Precautions - Removal of Unsatisfactory Work

Section 19.08.010 Permit Required

No person shall construct or repair or alter any curb, sidewalk, gutter, driveway

approach, roadway surface or structure, including drainage structures, in any public place without first obtaining from the City Engineer a permit to do so. Prior Code 27-4.1.1)

Section 19.08.012 Excavation of Streets Moratorium

A. No excavation shall be made through the final paving course of any city street

prior to, nor within five years following the date of, completion and acceptance of any work of paving or repaving, or three years, in the case of chip sealing or seal coating of city streets, except for emergency repairs or service. B. In those cases where a party must excavate within the five year or three year periods as set forth in Subsection A above, the party requesting authorization to excavate shall agree to replace the affected street section in accordance with established City standards including, but not limited to, those described in Section 19.08.014. This moratorium shall apply to all persons, including but not limited to public utilities or other companies either under regulation of the State Public Utilities Commission or under franchise, license, or permit granted by the City, and having the right, either by general or special permission to excavate in public streets to construct, maintain or repair their facilities. Ord. No. 2008-18, Added, 6/18/08; Ord. No. 2026-05, Amended 05/26/26)

Section 19.08.014 Restoration of Excavated Streets

A. Except as provided in Subsections B and C below, applicant shall comply with

the requirements and standards in the most current Standard Specification for Standards of

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Public Works Construction ( Green Book), in the most current San Diego Region Standard Drawings, and subsequent modifications. Acceptance or approval of any excavation work by the City Engineer or his designee shall not prevent the City from asserting a claim against the applicant and its surety for incomplete or defective work if discovered. The City Engineer’ s, or his designee’ s, presence during the performance of any excavation work shall not relieve the permittee of its responsibilities hereunder. B. In the case of excavations and cuts within new street sections subject to the moratorium set forth in Section 19.08.012 perpendicular to the traffic flow shall include resurfacing of the street section with necessary grinding and an asphalt concrete cap of a minimum thickness of two inches for a distance of five feet on either side of the excavation on a longitudinal basis and at either end of the excavation from curb to curb or the full width of the street. C. In the case of excavations and cuts within new street sections subject to the moratorium set forth in Section 19.08.012 parallel to the traffic flow shall include the resurfacing of the entire traffic lane adjacent to the cut with necessary grinding and asphalt concrete cap of a minimum thickness of two inches from the curb or for streets without curbs, the edge of the traffic lane, to the opposite edge of the traffic lane as identified by a painted line, curb or other divider for the entire length of the cut plus ten feet on either end of the cut or excavation. For those streets without painted or other dividers, the edge of the traffic lane shall be from the edge of the street to the center of the street. For the purpose of this section, a marked bike lane or a marked parking lane located between a marked bike lane and curb or edge of a paved street, shall be considered a separate traffic lane. Ord. No. 2008-18, Added, 6/18/08)

Section 19.08.016 City’s Right to Restore Surface

If the applicant shall have failed to restore the surface of the street or public place to its original and proper condition, upon expiration of the time fixed by such permit, or shall otherwise have failed to complete the excavation work in the same or better condition as it was prior to the excavation for a period of one year after permanent completion of the work and open to public traffic, the City Engineer, at his discretion, shall have the right to do all work and things necessary to restore the street or public place and to complete the excavation work and to restore the street or public place. The applicant shall be liable for the actual cost of the restoration and an additional 30 percent of such cost for general overhead and administrative expense. The City shall have a cause of action for all such cost and the 30 percent overhead for all fees, expenses, and amounts paid out and due for such work. Payment of the amount due the City shall be applied to any funds the applicant has deposited with the City. The City shall also enforce its rights under the applicant’ s surety bond. Ord. No. 2008-18, Added, 6/18/08)

Section 19.08.020 Residential Driveways - Permit - Definitions

No person shall construct any residential driveway without first obtaining from the City

Engineer a permit to do so. For the purposes of this chapter, a residential driveway includes that paving, surfacing or other improvement constructed between the public way to required parking places, including garages and carports. Prior Code 27-4.1.2)

Section 19.08.030 Fees and Deposits Established by Resolution

Every applicant for a permit required by this chapter shall, at the time of making

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application for such permit, pay the fees and make any deposits required for such permit. Fees and deposit amounts may be established by resolution of the City Council and changed or amended from time to time as the Council deems appropriate. Prior Code 27-4.1.3)

Section 19.08.040 Application Required - Plans - Work by Licensed Contractors in Public Places

Application for a permit required by this chapter shall be made upon a form provided by

the City Engineer and shall specify, in detail, the location, nature and extent of the work to be performed or shall refer to a City drawing number. If in the opinion of the City Engineer, the work proposed is of a kind or nature to require the making of plans or the setting of stakes, or both, the City Engineer may require that the application be accompanied by the necessary plans prepared by a registered civil engineer. Any work of a permanent nature performed in a public place shall be performed by a contractor licensed by the State of California for the particular type or kind of work to be done. Prior Code 27-4.1.4)

Section 19.08.050 Release of Liability

On each application filed pursuant to this chapter, the applicant shall sign a statement that he agrees to preserve and hold harmless the City and each officer and employee thereof from any liability or responsibility for any accident, loss or damage happening or occurring as a proximate result of the applicant’ s negligence or the negligence of the applicant’ s agents, servants, employees or contractors in the design or performance of the work undertaken under any permit granted pursuant to such application. Prior Code 27-4.1.5)

Section 19.08.060 Denial of Permit - Prosecution and Progress - Completion of Work by City

If, in the opinion of the City Engineer, the work proposed would result in a condition

hazardous to the traveling public he may refuse to issue a permit for the work or may specify mitigating measures to be included in the proposed work. If the work for which a permit has been granted is not diligently and continuously prosecuted to completion, the City Engineer may revoke the permit and the City may elect to perform and complete the work. In such event, the permittee shall pay to the City upon demand and prior to actual performance and completion of the work by the City or its contractor, the cost of performing and completing the work according to the permit, the plans, if any, and the specifications. In the event the permittee fails to pay such cost to the City upon demand, the City may bring an action in a court of competent jurisdiction to recover such cost, together with reasonable attorney’s fees. Prior Code 27-4.1.6)

Section 19.08.070 Permit Conditions - Changes in Work - Standard Specifications Adopted - Testing - Safety Precautions - Removal of Unsatisfactory Work

All improvements constructed in public places shall conform to the permit and the

approved plans, if any: A. No person shall perform any work in a public place without a permit issued by the City Engineer, nor shall work be performed in an amount greater than, different from or contrary

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to the terms and conditions of such permit. B. No change in any plans, if plans are made, or specifications shall be made unless approved in writing by the City Engineer. C. All improvements constructed in a public place shall be done in accordance with the latest edition of the “Standard Specifications for Public Works Construction,” the San Diego County regional standard drawings, and such other standard drawings and details as may, from time to time, be approved by the City Engineer. D. The inspection, approval, or acceptance of work or materials shall not relieve the permittee of any of his obligations to perform and complete the work according to the plans, specifications and terms and conditions of the permit. E. Safety measures and traffic control precautions shall conform to current practice as specified in the latest edition of the “Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways,” published by the Department of Transportation of the State of California in accordance with Section 21400 of the Vehicle Code, or the latest edition of the “ Traffic Control Manual” published by the San Diego- Imperial Counties Chapter of the American Public Works Association. F. The City Engineer may require such testing of materials incorporated in the finished work as he deems necessary and the cost of such testing shall be borne by the permittee. G. All work shall be done in a manner designed to minimize inconvenience to the public, shall be diligently prosecuted to completion, and all work sites in use by the public shall be maintained in a safe and clean condition. In the event that a work site is not maintained in a satisfactory manner, the City Engineer may order such additional cleanup work or safety precautions as he deems necessary. Upon failure by the permittee to comply within 24 hours, the City Engineer may cause the work to be done and the cost thereof charged to the permittee. H. Upon order of the City Engineer any work or material which does not conform to the permit, the plans, if plans are made, and the specifications shall be removed and replaced to conform to such plans, specifications and permit, notwithstanding that such work or material has been previously inspected, accepted or approved by the City Engineer. Prior Code 27-4.1.7)

Section 19.08.080 Hearing and Approval by City Council Required

Public improvements not conforming to adopted materials, specifications, or standard

practice may be approved by the City Council, after hearing, for specifically planned areas. Such deviations may consist of tree variety, lighting standards or luminaires, or such other unusual material or application as the City Council may consider an enhancement to the planned area. Prior Code 27-4.2.1)

Section 19.08.090 Supplemental Improvements - Reimbursement of Properties Benefitted

Whenever a street or alley has been improved other than by public improvement proceedings for which assessments are levied, and the cost thereof shall have been paid by only a portion of the property owners benefitted, the City Engineer may, upon final inspection and the acceptance of the improvements by the City, determine the cost of such improvements, the boundary of the area of all property benefitted, and the allocation of the cost of the various parcels of benefitted property. This authority shall extend only to street and alley improvements constructed by parties other than the City itself. However, except as otherwise provided in this chapter, the developer shall be reimbursed for that portion of the cost of such improvements

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including an amount attributable to interest, in excess of the construction required for his own project. Prior Code 27-4.3.1)

Section 19.08.100 Supplemental Improvements - Hearings - Reimbursement Charges and Agreements

A. The City Council shall hold a public hearing to establish the charge, area of benefit or local benefit district, which shall only be established if the City Council finds that the reimbursement charge and the area of benefit or local benefit district are reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. The City Engineer shall report on the reasonableness of the cost of the improvement, and the Council may reduce the charge to the extent that the Council finds the costs to have been unreasonable. The Council shall adopt a resolution formalizing its findings and containing legal descriptions of each property, the charge to be imposed on each property, and the identity of the property owner. If a charge is approved, a certified copy of the resolution shall be recorded with the County Recorder and the City Engineer shall enter into the appropriate reimbursement agreement with the developer. B. In addition to the notice required by Section 66451. 3 of the Government Code, written notice of the hearing shall be given to the developer and to owners of property within the proposed area of benefit and to the potential users of the supplemental improvements insofar as they can be ascertained at the time as shown on the latest equalized assessment roll. Such notices shall be mailed by the City Clerk at least 30 days prior to the date established for hearing. C. In the event owners of parcels subject to a majority of the charge object to the charge, the Council may only approve the charge by the affirmative vote of at least four of its members. D. In the event the developer constructs the improvements before the Council hearing, the City shall not be obligated to reimburse the developer out of City funds should the Council not establish the charge, area of benefit or local benefit district, and all risk of such failure to levy the charge shall be the developer’ s. E. In the event the developer requests City Council action prior to the construction of said improvements, the City Engineer may, upon final approval and signing of improvement drawings, determine the amount of reimbursement based on the submitted engineer’ s cost estimate. The City Council’ s action pursuant to Subsection A of this section shall be a declaration of its intention based on such estimates. The City Council shall hold a second hearing, with appropriate notice, findings and resolution, to actually establish the charges and areas based upon as-built costs after completion and acceptance of the improvements. F. If during the 20-year period following the adoption, pursuant to Subsection A of this section, of the resolution establishing the benefit area, any person who files a tentative map or tentative parcel map or applies for a building permit on a lot for which a charge for street or alley improvements has been established in accordance with this chapter and such person or his predecessor in interest has not paid such charges to the City, the charge established thereunder shall be paid prior to the filing of the final map or parcel map or the issuance of the building permit; provided, however, that such payment shall not be required in connection with building permits having a total improvement value of $ 3,000 or less; provided, further, that the money paid shall include the principal charge plus interest. The rate of interest shall be equal to the yield on the 20-year United States Treasury Note on the date of the adoption of the above referenced resolution per the “h.15” report as published by the Federal Reserve. This interest rate shall be fixed and applied for the entire life of the agreement, compounded annually, and

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prorated for any partial year. Upon the payment of such charge, the City Clerk shall record with the County Recorder a notice satisfactory to the City Attorney that such charge has been paid on such parcel. Prior Code 27-4.3.2; Ord. No. 2008-17, Amended, 6/10/08)

Section 19.08.110 Repayment

All moneys collected under the provisions of this chapter shall be deposited by the

Treasurer of the City into a street and alley improvement trust fund. The City Treasurer shall refund to the person or persons who paid for the improvements for which the charges were collected, or to their assignees, all moneys so collected; except, however, that five per cent of all such moneys collected shall be retained by the City to defray the expenses incurred in administering the trust fund. Prior Code 27-4.3.3)

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Chapter 19. 12

Specific Plan Lines and Hillside Street Declarations

Sections:

19. 12. 010 Purpose of Provisions
20. 12. 020 Definitions

21. 12. 030 Initiation of Proceedings

        and19. 12. 040 Report- Publishing Posting - Hearing

22. 12. 050 Determination by City Council
23. 12. 060 Resolution of Intention - Hearing
24. 12. 070 City Council Action Conclusive
25. 12. 080 Building within Right-of-Way Forbidden
26. 12. 090 Alteration or Enlargement Forbidden
27. 12. 100 Zoning Ordinance Requirements Additional
28. 12. 110 Adopted Specific Alignments - Cypress Drive
29. 12. 120 Adopted Specific Alignments - Bobier Drive, Anza Avenue and Mesa Avenue
30. 12. 130 Specific Plan Line - North Santa Fe Avenue
31. 12. 140 Hillside Streets, Repealed

Section 19. 12. 010 Purpose of Provisions

In order to promote, coordinate and secure orderly, efficient, economical, and consistent developmental plans and improvements, a method for the establishment of specific plan lines is adopted for the purposes more particularly set forth as follows: A. To assist in providing a definite plan of development for the City and to guide, control and regulate the future growth of the City in accordance with the General Plan. B. To provide a guide for the intelligent use of the capital improvement expenditures of the City for street and highway improvements. C. To provide an authentic source of information as to the development of the City for present and prospective residents and investors herein. D. To prevent deterioration of property values and impairment of conditions for desirable residential, commercial, industrial, institutional or public development which would result from the lack of plans designed to promote orderly, harmonious and beneficial development of the City and all sections thereof. Prior Code 27- 6. 1. 1; Ord. No. 2007- 12, Amended 8/ 14/ 07)

Section 19. 12. 020 Definitions

For the purposes of this chapter, certain words and phrases are defined as follows: Building" or " structure" shall be as defined by the Building Code of the City and shall

also include retaining walls, stairways, required off-street parking facilities, any well, whether for water, oil or other hydrocarbon products, and any underground storage facilities in excess of one thousand gallons capacity, provided building or structure does not include any building or structure as defined in this chapter existing on March 22, 1968, or to trees, agricultural crops, temporary off-street parking facilities not required by the City, walks or public utilities installed under authority of a franchise. Specific plan line" means a line defined by legal description, map, or by distance in feet from the established center line, or existing line or regularly established property line, or

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surface or subsurface buildings and structures and adopted pursuant to procedures and requirements of this chapter. Prior Code 27- 6. 1. 2)

Section 19. 12. 030 Initiation of Proceedings

Proceedings for the establishment of specific plan lines for future rights- of-way along any portion of streets or planned streets may be initiated by the City Council, Planning Commission or by petition. A description of the streets or portions of streets along which such specific plan lines are sought to be established shall be given and shall be accompanied by a sketch or map showing the streets, lines of adjacent or abutting property and the proposed right- of-way lines and the distance thereof from the established center line or existing line or regularly established property line, or surface or subsurface building or structure. Prior Code 27- 6. 1. 3; Ord. No. 2007- 12, Amended, 8/ 14/ 07)

Section 19. 12. 040 Report - Publishing and Posting - Hearing

Before any action is taken by the City Council concerning proposed specific plan lines

for future right-of-way or hillside street declaration, such matter shall be referred to the Planning Director for a report and recommendation. The Planning Commission shall hold at least one public hearing and shall give notice of the time and place of such hearing by publishing notice thereof in a newspaper of general circulation published and circulated in the city at least ten days before the hearing and by causing notices to be posted along the planned right- of-way or area of declaration in front of each block to be affected or not more than 500 feet apart, whichever is less. Upon review of the report and recommendation of the Planning Director and, completion of the hearing, the Planning Commission shall submit its report and recommendation to the City Council. Prior Code 27- 6. 1. 4)

Section 19. 12. 050 Determination by City Council

Upon receipt of a report and recommendation from the Planning Commission and

whenever the public peace, safety, comfort, convenience, interest or welfare may require, the City Council shall determine the minimum distance back from the street line, or planned street line, for the erection of buildings or structures along any portion of any street or planned street in the city, or may declare any street or portion thereof to be a hillside street. The City Council may order the establishment of lines to be known and designated as specific plan lines, between which no building or structure may be erected, altered or constructed. Prior Code 27- 6. 1. 5)

Section 19. 12. 060 Resolution of Intention - Hearing

Before ordering the establishing of any specific plan lines as authorized in this chapter, the City Council shall adopt a resolution of intention describing the proposed action, which resolution shall be published once in a newspaper of general circulation, published and circulated in the city. A copy of such resolution shall be posted conspicuously in front of each block to be affected or not more than 500 feet apart, whichever is less. Such resolution shall contain a notice of the time and place when and where any person having an objection to the establishment of the specific plan line may appear to be heard before the City Council. The time for hearing shall be not less than 15 nor more than 30 days from the date of adoption of the

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resolution of intention and the publication, and posting shall be made at least ten days before the date of such hearing. Prior Code 27- 6. 1. 6; Ord. No. 2007- 12, Amended, 8/ 14/ 07)

Section 19. 12. 070 City Council Action Conclusive

At the time set for hearing or any time to which the hearing may be continued, the City

Council shall proceed to hear and pass upon all objections and protests to establishment of the proposed plan lines, and its decision shall be conclusive and final. The City Council has the power and jurisdiction to sustain any protests or objections and abandon such proceeding or to deny any and all protests or objections and order by ordinance the establishment of plan lines as described in the resolution of intention or modified as the City Council may deem proper. Prior Code 27- 6. 1. 7; Ord. No. 2007- 12, Amended, 8/ 14/ 07)

Section 19. 12. 080 Building within Right- of-Way Forbidden

After the adoption of the resolution of intention and prior to the time an ordinance

establishing specific plan lines is adopted, no building permit shall be issued for the erection of any building or structure between such proposed plan lines and any permit so issued shall be void. Prior Code 27- 6. 1. 8)

Section 19. 12. 090 Alteration or Enlargement Forbidden

After the effective date of any ordinance establishing specific plan lines, no building or

structure nonconforming as to specific plan line requirements shall be altered or enlarged in any manner. A variance may be granted from the provisions of this chapter where unnecessary or unusual hardship is shown and where such variance will not defeat the purpose of this chapter. The procedures required for variances and appeals from the zoning ordinance shall likewise apply to variances and appeals from the provisions of this chapter. Prior Code 27- 6. 1. 9)

Section 19. 12. 100 Zoning Ordinance Requirements Additional

Yard and other requirements of the zoning ordinance shall be separately applied as requirements additional to specific plan line setbacks, provided, however, that the area of any parcel between existing right- of-way line and specific plan line shall be considered as part of the lot area when determining the number of dwelling units that may be placed on a parcel or the percentage of lot area that may be covered by buildings or structures. Prior Code 27- 6. 1. 10)

Section 19. 12. 110 Adopted Specific Alignments - Cypress Drive

In accordance with the provisions set out in Sections 19. 12. 010 through 19. 12. 100 of

this chapter, the specific plan lines for Cypress Drive, from Monte Vista Drive to South Santa Fe Avenue, are established for a 60- foot- wide right- of-way and are located 30 feet on each side of the following described center line, said right-of-way being described as follows: A. A 60- foot width right-of-way located within Orleavo Heights Unit No. 2 in the City, County of San Diego, State of California, according to Map No. 2035 filed in the Office of the County Recorder of said San Diego County on June 15, 1927, the center line of said 60- foot road easement is described as follows:

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Beginning at the center line intersection of Santa Fe Avenue and Cypress Drive formerly known as Avocado Drive) same as shown on said Map No. 2035; thence north 19 degrees 35 minutes 26 seconds east 274.61 feet to the beginning of a tangent 300.00- foot- radius curve, concave southeasterly; thence northeasterly along the arc of said curve through a central angle of 40 degrees 13 minutes 04 seconds a distance of 210. 58 feet to a point of reverse curvature of a tangent 200. 00- foot- radius curve, concave westerly, a radial line to said point bears south 30 degrees 11 minutes 30 seconds east; thence northeasterly, northerly, and northwesterly, along the arc of said curve through a central angle of 92 degrees 38 minutes 30 seconds a distance of 323. 38 feet; thence north 32 degrees 50 minutes 00 seconds west 56. 12 of a tangent 200. 00- foot- radius curve, concave easterly; thencefeet to the beginning northwesterly, northerly, and northeasterly along the arc of said curve through a central angle of 37 degrees 50 minutes 00 seconds a distance of 132. 06 feet to a point of compound curvature of a tangent 224. 58- foot- radius curve, concave southeasterly, a radial line to said point bears north 85 degrees 00 minutes 00 seconds west; thence northeasterly along the arc of said curve through a central angle of 81 degrees 28 minutes 00 seconds a distance of 319. 32 feet; thence north 86 degrees 28 minutes 00 seconds east 101. 21 feet to the beginning of a tangent 150. 00- foot-radius curve, concave northwesterly; thence northeasterly along the arc of said curve through a central angle of 66 degrees 44 minutes 27 seconds a distance of 174. 73 feet; thence north 19 degrees 43 minutes 33 seconds east 387.80 feet to the beginning of a tangent 200. 00- foot- radius curve, concave northwesterly; thence northeasterly along the arc of said curve through a central angle of 10 degrees 49 minutes 17 seconds a distance of 37. 77 feet; thence north 08 degrees 54 minutes 16 seconds east 111. 06 feet to the center line intersection of Avocado Drive and Monte Vista Drive same as shown on said Map No. 2035. Setbacks from said right- of-way shall be as set forth in Section 2168( d) of the Zoning Ordinance.* was repealed Editor' s Note: Section 2168 of the Zoning Ordinance by Ord. No. 87- 17 § 3, adopted May 26, 1987. Prior Code 27- 6. 2. 1)

Section 19. 12. 120 Adopted Specific Alignments - Bobier Drive, Anza Avenue and Mesa Avenue

In accordance with the provisions set out in Sections 19. 12. 010 through 19. 12. 100 of this chapter, the specific plan lines for the alignment of Bobier Drive, Anza Avenue and Mesa Avenue from a point near the intersection of Mesa Avenue and Calle Jules westerly to the western limits of the City are established to provide a future right-of-way 100 feet in width and with each of the future right-of-way lines of the following described center line: Beginning at the northeast corner of Lot 7, as shown on Map No. 2185 on file in the Office of the San Diego County Recorder in the State of California; thence north 0 degrees 02 minutes 18 seconds east 20. 03 feet to the center line of Mesa Avenue, said point being the true point of beginning; said point also being the beginning of a 649. 31- foot-radius curve, concave northerly, having a central angle of 9 degrees 55 minutes; thence westerly along said curve 112. 38 feet; thence north 79 degrees 58 minutes west, 33.81 feet to the beginning of a 1000. 00- foot-radius curve concave southerly having a central angle of 15 degrees 00 minutes; thence westerly along said curve 261. 80 feet; thence south 85 degrees 02 minutes west, 100. 00 feet to the beginning of a 450. 00- foot-radius curve concave northeasterly having a central angle of 89 degrees 21 minutes; thence northwesterly along said curve 701. 75 feet; thence north 5 degrees 37 minutes west 154. 07 feet to the beginning of a 450-foot- radius curve concave southwesterly having a central angle of 43 degrees 15 minutes 18 seconds; thence northwesterly along said curve 339. 72 feet to a point of reverse curvature with a 450. 00- foot- radius curve concave northeasterly with a central angle of 12 degrees 03 minutes 54 seconds; thence northwesterly along said curve 171. 81 feet to a point of reverse curvature with a 500.00- foot-radius curve,

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concave southwesterly, having a central angle of 12 degrees 03 minutes 54 seconds; thence northwesterly along said curve 105. 29 feet to the beginning of a 450. 00- foot- radius curve concave southerly and having a central angle 43 degrees 11 minutes 15 seconds; thence northwesterly along said curve 339. 19 feet to a point of reverse curvature with a 700. 00- foot- radius curve, concave northerly, having a central angle of 18 degrees 02 minutes 52 seconds; thence westerly along said curve 220. 50 feet to a point of reverse curvature of a 1000. 00- foot- radius curve concave southerly and having a central angle of 14 degrees 21 minutes 04 seconds; thence westerly along said curve 250.47 feet; thence south 78 degrees 32 minutes 42 seconds west, 410. 72 feet to the beginning of a 1000. 00- foot- radius curve concave a central angle of 10 degrees 34 minutes 18 seconds; thencesoutheasterly having southwesterly along said curve 184. 51 feet; thence north 89 degrees 07 minutes west 898. 51 feet to the beginning of a 950. 00- footradius curve concave southerly having a central angle of 5 degrees 52 minutes 52 seconds; thence westerly along said curve 97. 51 feet to the beginning of a 950. 00- foot radius, reverse curve concave northerly having a central angle of 5 degrees 52 minutes 52 seconds; thence westerly along said curve 97. 51 feet; thence north 89 degrees 07 minutes west 343.39 feet to the beginning of a 540. 00-foot-radius curve concave southerly having a central angle of 23 degrees 13 minutes 10 seconds; thence westerly along said curve 218. 84 feet to the beginning of a 570. 65-foot-radius reverse curve concave northerly having a central angle of 22 degrees 32 minutes 54 seconds; thence westerly along said curve 224.58 feet; thence north 89 degrees 47 minutes 46 seconds west 1800. 00 feet to the beginning of a 1000. 00- foot-radius curve concave northerly having a central angle of 8 degrees 06 minutes 35 seconds; thence westerly along said curve 141. 54 feet to the beginning of a 1000. 00- foot- radius reverse curve concave southerly and having a central angle of 8 degrees 06 minutes 35 seconds; thence westerly along said curve 141. 54 feet; thence north 89 degrees 47 minutes 46 seconds west 441. 24 feet; thence north 89 degrees 48 minutes 32 seconds west 450. 24 feet to the beginning of a 1000. 00- foot- radius curve concave southerly and having a central angle of 5 degrees 43 minutes 55 seconds; thence westerly along said curve 100.04 feet to the beginning of a 1000. 00- foot- radius reverse curve concave northerly and having a central angle of 5 degrees 43 minutes 55 seconds; thence westerly along said curve 100. 04 feet; thence north 89 degrees 48 minutes 32 seconds west 87. 92 feet to a point on the existing center line of Bobier Drive, said point also being on the westerly city limits of the City of Vista. Prior Code 27- 6. 2. 2)

Section 19. 12. 130 Specific Plan Line - North Santa Fe Avenue

In accordance with the provisions set out in Sections 19. 12. 010 through 19. 12. 100 of this chapter, the Specific Plan lines for the alignment of North Santa Fe Avenue from East Vista Way, north to the vicinity of Knapp Drive are established to provide a future right-of-way 100 feet in width and with each of the future right- of-way 100 feet in width and with each future right- of-way lines 50 feet on each side of the following described centerline as set forth in Exhibit "A" of this Ordinance. Ord. No. 91- 21, Enacted, 08/ 27/ 91)

Section 19. 12. 140 Hillside Streets

Ord. No. 91- 42, Enacted, 12/ 10/ 91; Ord. No. 2005- 6, Amended, 03/ 22/ 05; Ord. No. 2007- 12, Repealed, 8/ 14/ 07)

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Chapter 19. 16

Encroachments

Sections:

19. 16. 010 Scope of Regulations
20. 16. 020 Permit Required
21. 16. 030 Application for Permit
22. 16. 040 Permittee Liable for Damages
23. 16. 050 Insurance
24. 16. 060 Permits Nontransferable
25. 16. 070 Protective Measures Required
26. 16. 080 Additional Conditions
27. 16. 090 Removal of Encroachments
28. 16. 100 Restoration of Highway
29. 16. 110 Permit Fee
30. 16. 120 Special Deposit
31. 16. 130 General Deposit
32. 16. 140 Deductions from Deposit
33. 16. 150 Refund of Deficiency Payment
34. 16. 160 Cancellation of Permit
35. 16. 170 Exemptions

Section 19. 16. 010 Scope of Regulations

The provisions of this chapter apply only to the placing, changing or renewing of an

encroachment. Prior Code 27- 8. 1. 1)

Section 19. 16. 020 Permit Required

No person shall place, change or renew an encroachment in, under or over any portion

of the public right- of-way, without first obtaining from the City Engineer a written permit in accordance with this chapter. Prior Code 27- 8. 1. 2)

Section 19. 16. 030 Application for Permit

Application for a permit shall be made in writing on a form supplied by the City Engineer.

The application shall specify in detail: A. The location, description and justification for the encroachment and the extent to which it will interfere with the public use and maintenance of the right- of-way. B. The duration for which a permit is sought and the date it is requested to be

effective. C. Such other information that the City Engineer may require. Prior Code 27- 8. 1. 3)

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Section 19. 16. 040 Permittee Liable for Damages

Every permit shall contain an agreement, signed by the applicant that the City and any officer or employee thereof shall be saved harmless by the applicant from any liability or responsibility for any accident, loss or damage to property, injury or death of persons, happening or occurring as the proximate result of any placement, change or renewal of an encroachment under the terms of this application and the permit or permits which may be granted in response thereto; except in a loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of the City, its contractors, officers, agents or employees. Prior Code 27- 8. 1. 4)

Section 19. 16. 050 Insurance

The permittee shall maintain a policy of liability insurance for both bodily injury and

property damage in an amount of not less than $ 1, 000, 000 for any one occurrence. Worker's compensation insurance is required for issuance of all permits unless the permittee signs a declaration stating that he shall not employ any person in any manner so as to become subject to the worker's compensation laws of the State of California. City development services center will retain a file of all certificates of insurance furnished with the first permit issued. New certificates will not be required on subsequent permits if the certificate shows insurance is in

effect. Prior Code 27- 8. 1. 5)

Section 19. 16. 060 Permits Nontransferable

Permits issued under this chapter are nontransferable.

Prior Code 27- 8. 1. 6)

Section 19. 16. 070 Protective Measures Required

In any permit issued, the City Engineer may specify what lights, barriers, warning signs

or other measures designed to protect the traveling public must be erected by the permittee, both for the construction period and for a permanent installation. If the permit does not specify what protective measures are required, every encroachment which in any way interferes with the public use of any traveled way, shoulder, parking lane, side path or sidewalk, shall be lighted, barricaded and signed. Prior Code 27- 8. 2. 1)

Section 19. 16. 080 Additional Conditions

The City Engineer may, either at the time of the issuance of the permit or at any time

thereafter until the completion of the work, prescribe such additional conditions as he may deem necessary for the protection of the highway or for the prevention of undue interference with traffic or to assure the safety of persons. Prior Code 27- 8. 2. 2)

Section 19. 16. 090 Removal of Encroachments

Permits issued under the authority of this chapter may specify a duration of five days or

less from their effective date, in which case they shall be revocable without notice. Other

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permits issued under the authority of this chapter shall be classified as of indefinite duration and shall be revocable after notice given to the permittee. In the event a permit is revoked, the City shall not be held liable for removal, damage or disposal of the permittee' s private property associated with such permit. Every permit shall contain an agreement, signed by the applicant, that if the permit expires, is revoked by the City Engineer, or is vacated or abandoned, the permittee shall, within a reasonable time and to the satisfaction of the City Engineer, restore the highway to the equivalent or better condition than it was prior to the date that permit became effective or prior to the date the encroachment was first placed, whichever is earlier. Prior Code 27- 8. 3. 1)

Section 19. 16. 100 Restoration of Highway

Every permit shall contain an agreement, signed by the applicant, that if the permit expires, is revoked by the City Engineer, or is vacated or abandoned, the permitee shall, within a reasonable time and to the satisfaction of the City Engineer, restore the highway to the equivalent or better condition than it was prior to the date that permit became effective or prior to the date the encroachment was first placed, whichever is earlier. Prior Code 27- 8. 3. 2)

Section 19. 16. 110 Permit Fee

Every person applying for a permit required by this chapter shall, at the time of making

application for the permit, pay an issuance fee of$ 50. Prior Code 27- 8. 4. 1)

Section 19. 16. 120 Special Deposit

Each applicant for a permit, in addition to a payment of the issuance fee, shall deposit a

sum with the City Engineer to guarantee the placement of protective measures if required, and the removal of the encroachment" and restoration of the highway. The amount of the deposit shall be twice the estimated cost of removing the encroachment, but in no case less than $ 50. Such a deposit may be waived by the City Engineer if the encroachment existed prior to the adoption of this chapter. Prior Code 27- 8. 4. 2)

Section 19. 16. 130 General Deposit

In lieu of making the special deposits required by Section 19. 16. 120, an applicant for temporary permits having a duration of five days or less, may make and maintain with the City Engineer a general deposit in an amount estimated by the City Engineer to be sufficient to pay the cost of permit fees and to guarantee performance as required in Section 19. 16. 100 for future encroachments. Such a deposit shall not exceed $ 1, 000. While a general deposit is maintained in the amount sufficient to cover the fees and deposits required for the placing, changing or renewing of all encroachments sought to be made, the applicant need not make any special deposit. If, in the opinion of the City Engineer, a general deposit is not sufficient for the proper protection of the public interest in the public right-of-way on which encroachment permits are sought, a special deposit may be required under the provisions of Section 19. 16. 120. Prior Code 27- 8. 4. 3)

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Section 19. 16. 140 Deductions from Deposit

The City shall deduct from any deposit made by the permittee:
A. The permit issuance fee, if that has not otherwise been paid.
B. The cost of any inspections by the City Engineer or his representative.
C. The cost to the City of the placement of any protective measures if required in

the replacement or removal of the encroachment and restoration of the highway if the permittee fails or refuses to do so. Prior Code 27- 8. 4. 4)

Section 19. 16. 150 Refund of Deficiency Payment

After making the required deductions, the City shall refund to the applicant any amounts

still remaining in the special deposit in the manner as provided by law for the repayment of trust moneys. If any deposit made is less than sufficient to pay all fees and costs to be deducted, the permittee shall, upon demand, pay to the City Engineer an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full any additional City permits shall not be issued to such permittee. Prior Code 27- 8. 4. 5)

Section 19. 16. 160 Cancellation of Permit

The City Engineer may cancel the permit if the work authorized is not commenced within

30 days of the issuance of the permit and thereafter, if, in the opinion of the City Engineer, is not diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the same to the applicant by ordinary mail to the address shown on the application. Prior Code 27- 8. 5. 1)

Section 19. 16. 170 Exemptions

The City Engineer may waive permit fees, deposits and insurance requirements if it is determined the permit is a minor encroachment permit. Minor encroachment permits shall constitute nonconstruction encroachments such as sidewalk tables, awnings and freestanding signs. Prior Code 27- 8. 6. 1)

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Chapter 19. 18

Locations and Standards for Newsracks on Public Right-of-Way

Sections:

19. 18. 010 Purpose and Intent
20. 18. 020 Definitions
21. 18. 030 Prohibition
22. 18. 040 Standards for Newsracks
23. 18. 050 Permit Required
24. 18. 060 Location of Newsracks
25. 18. 070 Applicability in Residential Zones
26. 18. 080 Enforcement
27. 18. 090 Appeal
28. 18. 100 Public Nuisance
29. 18. 110 Abandonment
30. 18. 120 Violations
31. 18. 130 Constitutionality

Section 19. 18. 010 Purpose and Intent

The City Council of the City of Vista finds and declares that:
A. The uncontrolled placement of newsracks in public rights- of-way presents an

inconvenience and danger to the safety and welfare of persons, using such rights- of- way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services. B. Newsracks located so as to cause an inconvenience or danger to persons using public rights- of-way, and unsightly newsracks located therein, constitute public nuisances. C. The uncontrolled proliferation of newsracks detracts from the appearance of streets, sidewalks and adjacent businesses. D. The uncontrolled placement of newsracks inhibits safe entry and departure of vehicles. E. The uncontrolled placement of newsracks impairs the vision and distracts the attention of motorists and pedestrians, particularly small children, and may cause injury to the person or property of such persons. F. The placement of newsracks without a permit based on detailed findings in public rights-of-way adjacent to residential areas detracts from and reduces neighborhood aesthetics and increases the exposure of residents to noise, traffic volume and hazards and congestion. G. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public safety and general welfare of persons in the City of Vista in their use of public rights- of-way. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 020 Definitions

Whenever the following words and phrases are used in this chapter, they shall have the meaning ascribed to them in this section: A. " Distributor" means the person responsible for placing and maintaining a newsrack in a public right- of-way.

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B. " Newsrack" means all self- service or coin- operated box, container, storage unit,

or other dispenser installed, used or maintained for the display, sale or distribution of publications. C. " Parkway" means the area between the sidewalk and curb of a roadway, and where there is no sidewalk, that area between the edge of the traveled roadway and the edge of a public right- of- way. " Parkway" also includes any area within a roadway that is not open to vehicular travel. D. " Public right-of-way" means any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square, and any other similar public way. E. " Roadway" means that part of a public right- of-way that is designated and used primarily for vehicular travel. F. " Sidewalk" means that part of a public right- of-way that is designated and ordinarily used for pedestrian travel. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 030 Prohibition

No person shall knowingly place, install, use or maintain any newsrack which rests in

whole or in part upon, in or on any portion of a public right- of-way or which projects onto, into or over any part of a public right-of-way, except in compliance with the provisions of this chapter. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 040 Standards for Newsracks

Any newsrack which rests in whole or in part upon, in or on any portion of a public right- of-way or which projects onto, into or over any part of a public right-of-way shall comply with the standards set forth in this section: A. No newsrack shall exceed 48 inches in height, 26 inches in width, or 20 inches in thickness. B. No advertising signs or material, other than those dealing with the name of the publication contained within the newsrack, shall be displayed on the outside of the newsrack. C. Each newsrack shall be equipped with a coin- return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin- return mechanisms shall be maintained in good working order. D. Each newsrack shall have affixed to it in a readily visible place, so as to be seen by anyone using the newsrack, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to a report a malfunction, or to secure a refund in the event of a malfunction of the coin- return mechanism, or to give the notices provided for in this chapter. E. Each newsrack shall be maintained in a neat and clean condition and in good without limiting the generality of the foregoing, eachrepair at all times. Specifically, but newsrack shall be serviced and maintained so that: 1. It is reasonably free of dirt and grease. 2. It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof. 3. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereof.

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4. The clear plastic or glass parts thereof, if any, through which the

publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration. 5. The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading. 6. The structural parts thereof are not broken or unduly misshapen. F. Newsracks in existence on January 1, 1991, shall be allowed to remain at the same location, provided they are not determined to be a public nuisance or dangerous to the public safety or general welfare, for a period of one year following adoption of the ordinance codified in this chapter. In order to benefit from this section, the Engineering Department within 60 days of the date of the ordinance, shall compile an inventory of such existing newsracks. Thereafter, all such newsracks shall be required to comply with all provisions of this chapter. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 050 Permit Required

No person shall place, install, use or maintain any newsrack which rests in whole or in

part upon, in or on any portion of the public rights- of-way without having obtained a no fee encroachment permit from the City Engineer. This permit will be valid for all newsrack locations approved by the City. The permittee shall provide the City Engineer with a certificate of liability insurance naming the City as an additional insured and with a minimum limit or liability set by the risk manager in accordance with City policy. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 060 Location of Newsracks

Any newsracks which rests in whole or in part upon, in or any portion of a public right-of- way or which project onto, into or over any part of a public right- of-way shall be located in accordance with the provisions of this section: A. No newsrack shall be located in whole or in part in any roadway. B. Newsracks shall be located at the rear of the sidewalk farthest from the street or roadway curb ( or, if there is no curb, the edge of the roadway) or the wall of a building. Newsracks located near the curb shall be located no less than 18 inches nor more than 24 inches from the roadway edge of the curb. Newsracks located adjacent to a building shall be located parallel to and not more than six inches from the wall thereof. No newsrack shall be located directly in front of any display window of any building abutting a sidewalk or parkway except near the curb. No newsrack shall be located on the sidewalk or parkway directly opposite a newsstand or another newsrack. C. No newsrack shall be chained, bolted or otherwise attached to any fixture located in the public right-of-way, except to other newsracks. D. Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than ten feet along a curb, and a space of not less than five feet shall separate each group of newsracks. E. No more than 12 newsracks shall be located on any City block. Newsracks shall be allowed on a first come, first served basis. If a newsrack is removed from a location, it can only be replaced if it complies with this section. F. No newsrack shall be placed, installed, used or maintained: 1. Within a 25- foot sight triangle created by measuring along the curb beginning at the curb return to form a triangle free of any obstructions in excess of 30 inches in height in accordance with City of Vista engineering standard design criteria for sight distance for streets.

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2. Within five feet of any fire hydrant, fire call box, police call box or other

emergency facility. 3. Within five feet of the outer end of any bus bench. 4. Within three feet ahead or 15 feet to the rear of any sign marking a designated bus stop. 5. Within three feet of the outer end of any bus bench. 6. At any location whereby the clear space of the passageway of pedestrians is reduced to less than six feet for a ten- foot commercial sidewalk, but in no case less than three feet. 7. Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping. 8. Within five feet of a curb painted blue, pursuant to the provisions of California Vehicle Code Section 21458. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 070 Applicability in Residential Zones

Notwithstanding any other provision of this chapter, newsracks shall be permitted in the

public right-of-way of a public street adjoining land zoned for residential use only if the street is a prime or major arterial as shown in the circulation element of the General Plan. If no prime or major arterial is located within one half mile of a residential neighborhood, the distributor may petition the City Engineer. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 080 Enforcement

Upon a determination by the Code Enforcement Officer that a newsrack has been

installed, used or maintained in violation of any of the provisions of this chapter, he shall cause an order to be issued to the distributor to correct the offending condition. The order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail, return receipt requested to the distributor at the address shown on the notice required by Section 19. 18. 040. The order shall specifically describe the offending condition and specify actions necessary to correct it. If the distributor fails to properly correct the offending condition within seven days ( excluding Saturdays, Sundays and legal holidays) after the date of the order, or to file an appeal as permitted under Section 19. 18. 090. The Code Enforcement Officer shall cause the offending newsrack to be summarily removed and processed as unclaimed property under applicable provision of law relating thereto. If the distributor of the offending newsrack cannot be identified, the newsrack shall be removed immediately and processed as unclaimed property under applicable provisions of law. The foregoing provisions are not exclusive, and are in addition to any other penalty or remedy provided by law. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 090 Appeal

Any person or entity aggrieved by a finding, determination, notice order or action taken under the provisions of this chapter may appeal and shall be advised of his or her right to appeal to the City Manager. An appeal must be perfected within three working days after receipt of the notice of any decision or action by filing with the Code Enforcement Division a letter or appeal briefly stating there in the basis for such appeal. The hearing shall be held on a date no more than ten days after receipt five days notice of the time and place of the hearing. The City Manager shall give the appellant and any other interested party the reasonable

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opportunity to be heard, in order to show cause why the determination of the Code Enforcement Officer should not be upheld. Within five days of the hearing, the City Manager shall make a written decision. His decision may be appealed to the City Council by filing a written notice of appeal with the City Clerk within ten calendar days of the date of the decision of the City Manager. Fees for filing an appeal shall be set by resolution of the City Council. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 100 Public Nuisance

Any newsrack, or any publication offered for sale or distribution, in violation of this

chapter shall constitute a public nuisance, and may be abated in accordance with applicable provisions of law. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 110 Abandonment

In the event a newsrack remains empty for a period of 30 continuous days, the same

shall be deemed abandoned, and may be treated in the manner as provided in Section 19. 18. 080 for newsracks in violation of the provisions of this chapter. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 120 Violations

Any person or corporation who violates any of the provisions of this chapter is guilty of

an infraction except for the fourth or each additional violation of a provision within one year which shall be a misdemeanor. Penalties for a violation of this chapter shall be as designated in Section 1. 12. 010. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

Section 19. 18. 130 Constitutionality

If any section, subsection, sentence, clause, phrase or part of this chapter is for any

reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of this chapter. The City Council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases, or parts be declared invalid or unconstitutional. Ord. No. 91- 11, Enacted, 05/ 28/ 91)

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Chapter 19. 20

Underground Utility Districts

Sections:

19. 20. 010 Definitions
20. 20. 020 Public Hearing by Council
21. 20. 030 Council May Designate by Resolution
22. 20. 040 Unlawful Acts
23. 20. 050 Exception, Emergency or Unusual Circumstances
24. 20. 060 Other Exceptions
25. 20. 070 Notice to Property Owners and Utility Companies
26. 20. 080 Responsibility of Utility Companies
27. 20. 090 Responsibility of Property Owner
28. 20. 100 Enforcement
29. 20. 110 Responsibility of City
30. 20. 120 Extension of Time
31. 20. 130 Violation - Penalty

Section 19. 20. 010 Definitions

Whenever in this chapter the words or phrases defined in this section are used, they

shall have the respective meanings assigned to them in the following definitions: Commission" means the Public Utilities Commission of the State of California. Person" means and includes individuals, firms, corporations, partnerships and their

agents and employees. Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service. Underground utility district" or "district" means that area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 19. 20. 030 of this chapter. Utility" includes all persons or entities supplying electric, communication, television or radio reception or similar or associated service by means of electric materials or devices. Prior Code 30A- 1)

Section 19. 20. 020 Public Hearing by Council

The Council may, from time to time, call public hearings to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least 15 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. Prior Code 30A- 2)

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Section 19. 20. 030 Council May Designate by Resolution

If, after any such public hearing, the Council finds that the public health, safety or welfare

requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. Prior Code 30A- 3)

Section 19. 20. 040 Unlawful Acts

Whenever the Council creates an underground utility district and orders the removal of

poles, overhead wires and associated overhead structures therein as provided in Section 19. 20.030, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 19. 20. 090, and for such reasonable time required to remove such facilities after such work has been performed and except as otherwise provided in this chapter. Prior Code 30A- 4)

Section 19. 20. 050 Exception, Emergency or Unusual Circumstances

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 30 days, without authority of the Council in order to provide emergency service. The Council may grant special permission, on such terms as the Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. Prior Code 30A- 5)

Section 19. 20. 060 Other Exceptions

This chapter and any resolution adopted pursuant to Section 19. 20. 030, unless

otherwise provided in such resolution, shall not apply to the following types of facilities: A. Any municipal facility or equipment installed under the supervision and to the satisfaction of the City Engineer. B. Poles or electroliers used exclusively for street lighting. C. Overhead wires ( exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires

and associated overhead structures are not prohibited. D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 60,000 volts.

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E. Overhead wires attached to the exterior surface of a building by means of a

bracket or other fixture and extending from one location on the building to another location of the same building or to an adjacent building without crossing any public street. F. Antennae, associated equipment and supporting structures used by a utility for furnishing communication services. G. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts. H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. Prior Code 30A- 6)

Section 19. 20. 070 Notice to Property Owners and Utility Companies

Within ten days after the effective date of a resolution adopted pursuant to Section 19. 20.030, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 19. 20. 030, together with a copy of this chapter to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Prior Code 30A- 7)

Section 19. 20. 080 Responsibility of Utility Companies

If underground construction is necessary to provide utility service within a district created

by any resolution adopted pursuant to Section 19.20. 030, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. Prior Code 30A- 8)

Section 19. 20. 090 Responsibility of Property Owner

Every person owning, operating, leasing, occupying or renting a building or structure

within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 19. 20.080, and the termination facility on or within such building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. Prior Code 30A- 9)

Section 19. 20. 100 Enforcement

In the event any person owning, operating, leasing, occupying or renting such property

does not comply with the provisions of Section 19. 20. 090 within the time provided for in the resolution enacted pursuant to the provisions of Section 19. 20. 030, the City Engineer shall proceed pursuant to the following: The City Engineer shall post written notice on the property being served, and shall give notice in writing to the person in possession of such premises, and a notice in writing to the

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owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt and posting of such notice. Thirty days after such posting and giving of notice as provided hereinabove, the City Engineer shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Prior Code 30A- 10)

Section 19. 20. 110 Responsibility of City

The City shall remove at its own expense all City- owned equipment from all poles

required to be removed under the provisions of this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 19. 20. 030. Prior Code 30A- 11)

Section 19. 20. 120 Extension of Time

In the event that any act required by this chapter or by a resolution adopted pursuant to

Section 19. 20. 030 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. Prior Code 30A- 12)

Section 19. 20. 130 Violation - Penalty

It is unlawful for any person to violate any provision or to fail to comply with any of the

requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable according to the provisions of Section 1. 16. 010 of this code. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefore as provided in this chapter. Prior Code 30A- 13)

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Chapter 19. 24

Street Trees, Shrubs and Plants

Sections:

19. 24. 010 Short Title
20. 24. 020 Definitions
21. 24. 030 Prohibitions Respecting Street Trees
22. 24. 040 Ownership of Street Trees, Duties of Owner
23. 24. 050 Director of Public Works - Authority; Powers and Duties
24. 24. 060 Master Street Tree Plan; Contents; Where Filed
25. 24. 070 Protection of Street Trees During Construction Activity
26. 24. 080 Permit for Removal or Planting of Street Tree by Owner
27. 24. 090 Street and Tree Inspections
28. 24. 100 Street Tree Trimming Program; Removal of Hazardous Trees
29. 24. 110 Authority for Replacing or Planting Additional Street Trees
30. 24. 120 Authority for City to Trim or Remove Trees, Hedges, Shrubs and Other Plants on Private Property
31. 24. 130 Liability for Injury or Damage Resulting from Trees
32. 24. 140 Public Nuisances Respecting Street Trees
33. 24. 150 Abatement by Property Owner
34. 24. 160 Owner' s Failure to Abate; Abatement by City
35. 24. 170 Abatement of Nuisance within a Public Street or Right-of-Way
36. 24. 180 All Remedies Cumulative

Section 19. 24. 010 Short Title

This chapter shall be known and cited as the " Street Tree Ordinance of the City of Vista."

Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 020 Definitions

For the purpose of this chapter, the following terms, words, phrases and their derivations

shall have the meanings ascribed to them in this section: Director of Public Works" shall mean the Director of Public Works of the City or his or her authorized agents, assistants or deputies. Hedge" shall mean any group of shrubs planted in a line or in groups such that the branches of one shrub intermingle with the branches of any other shrub in the line or group. Official street trees" are those trees approved as part of the Master Street Tree Plan of the City to be planted within a street. Owner" shall mean the owner of a fee simple title of the property on which a street tree is planted. Parkway strip" shall mean that portion of a public street between the curb and the sidewalk or the sidewalk and the property line or that portion of the public right-of-way which is not designed or used for vehicular or pedestrian travel. Street" shall include every way maintained by a public agency and set apart for public travel or use in the City, including the curb, gutter, planting strip, sidewalk area, easements and rig hts- of-way. Street tree" includes any tree or shrub of a height greater than six feet above the adjacent ground level, by whomever owned or planted, growing within a street or public place, as defined in this section.

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Unofficial street trees" are all street trees which are not on the current Master Street

Tree Plan. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 030 Prohibitions Respecting Street Trees

A. Removal or Planting of Street Trees. No person, other than the Director of Public Works or an authorized employee or agent of the City, shall remove or plant any street tree within the City without first having obtained a no-fee permit for such removal or planting pursuant to Section 19. 24. 080. B. Damage, Destruction or Injury. 1. No person shall willfully or intentionally damage, destroy or injure* any street tree of the City. Pruning a street tree, when undertaken to maintain its normal shape and growth pattern, to remove dead or diseased limbs or branches, or to remove roots, limbs or branches that present an immediate hazard or threat of damage or injury, shall not constitute a violation of this prohibition or Chapter 12. 04 of this Code. * Note: For state laws respecting injury to street trees, see Civil Code Section 3346; Code of Civil Procedure Sections 733, 734; Penal Code Sections 600, 622; and Streets & Highways Code Section 730. 5. 2. No person shall:

a. Cause or suffer any brine water, oil, liquid, dye or other substance

harmful or deleterious to vegetation to lie, leak, pour, flow or drip upon or into the soil under any street tree, nor upon any sidewalk, road or pavement at a point from which such substances may, by lying upon or by flowing, dripping or seeping into such soil, injure or damage a street tree. b. Place, or cause to be placed, or maintain any stone, cement or other impervious substance within the drip line of any street tree such that it will impede the seepage of irrigation or natural water or air to the roots of any street tree, except upon prior written approval from the Director of Public Works. C. Build any fire or place any internal combustion engine or electric motor in such a manner that the heat, vapors or fumes therefrom will cause damage or injure any street tree. d. Suffer any leakage from any natural gas pipe that will cause damage to any street tree. e. Place, apply, affix or attach any wire, rope, sign, paint or other substance, material, structure, thing or device of any kind to any street tree, or to a tree guard or stake intended for the protection of a street tree. C. Interference with Director of Public Works. No person shall interfere with the Director of Public Works or any person acting under his or her authority, while engaged in planting, mulching, pruning, trimming, spraying, treating, removing or otherwise treating any street tree, or in removing any stone, cement or other substance from or about the trunk of a street tree.

of Street Tree Plan. Upon adoption of the D. Planting Street Trees in Violation

Master Street Tree Plan by the City Council, no person shall plant any tree or shrub in within a public right-of-way of the City in violation of, or contrary to, the approved Master Street Tree Plan.

or E. Disturbing, Damaging, Removing Street Landscaping. No person shall

disturb, damage, or remove any plant or other materials within any City street landscaping, unless authorized by the Director of Public Works. This prohibition shall include, without being limited to, picking or removing of flowers, seeds, leaves; digging in or damaging turf or flower

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beds; or defacing, removing, breaking, or damaging any non- plant materials, including gravel, stone, rock, or equipment used in the landscaping. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 040 Ownership of Street Trees, Duties of Owner

A. Rebuttable Presumption of Ownership. There exists a rebuttable presumption that the owner of a street tree is the owner of the fee title of the land on which the tree is growing. The owner of a street tree is presumed to be the fee owner of the adjacent parcel abutting that public right- of- way or street easement. A tree growing on the boundary between two or more abutting parcels is presumed to be owned in common by the owners of each parcel defined by the boundary. B. Owner' s Duty to Maintain Street Trees. The owner of a street tree is charged with the duty to properly maintain the street tree, in accordance with the provisions of this chapter. Specifically, the duties of the owner shall include the following: 1. Prevent the street tree or its limbs, branches or roots, from creating or causing any hazard or dangerous condition to the public, person, or property of another. 2. Notify the Director of Public Works, or an authorized employee, of the occurrence of any damage to a street tree growing within the right-of-way or parkway, or the existence of any dangerous condition with respect to such tree. 3. Water any street tree growing within the right- of-way or parkway strip. Without limiting or affecting the owner' s obligation, the City may from time to time water such trees at the discretion of the Director of Public Works. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 050 Director of Public Works- Authority; Powers and Duties

A. The Director of Public Works is charged with the enforcement of this chapter and

the performance of municipal functions as herein established. B. The Director of Public Works shall have the authority to plant, trim, spray, preserve and remove street trees and shrubs and grassy areas to insure safety or preserve the symmetry and beauty of streets and public places. C. The Director of Public Works shall have the authority to supervise all work done under a permit issued in accordance with the terms of this chapter. D. The Director of Public Works shall have the authority to affix reasonable conditions to the granting of a permit hereunder and to require that applications for permits contain such information as he or she shall find reasonably necessary to a fair determination of whether a permit should be issued. E. The Director of Public Works shall issue any permit provided for in this chapter when he or she finds that the desired action or treatment is necessary and that the proposed method and workmanship are satisfactory. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 060 Master Street Tree Plan; Contents; Where Filed

The Director of Public Works shall develop a Master Street Tree Plan of the City. The plan shall include the following: a map or plat of all City streets, a description of the varieties and species of trees that are permitted to be planted within a City street right- of-way of each City street, a description of the varieties and species of trees that are prohibited from being planted within a City street right-of-way, minimum specifications, conditions or requirements for planting street trees ( e. g., separation requirements, distances from pavement, root barrier requirements,

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approval. From timeetc.). Upon completion, the plan shall be submitted to the City Council for

to time, the Master Street Tree Plan may be changed, modified, altered or amended by the City Council. A copy of the Master Street Tree Plan shall be kept on file in the Office of the City Clerk. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 070 Protection of Street Trees During Construction Activity

Any person undertaking any demolition, construction, grading, or similar activity in

proximity to any street tree, whether within the public right-of-way or adjacent to it, shall install and maintain adequate protective guards or devices, and take other protective measures, to prevent accidental injury or damage to the street tree within the vicinity of the work being performed. All such persons shall obey and conform to the orders and directions given by the Director of Public Works, or an authorized representative, as to the protective guards or devices to be installed and the protective measures to be taken. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 080 Permit for Removal or Planting of Street Tree by Owner

A. Permit Required. The owner of property abutting any public street or right- of-way may remove or plant a street tree within the street or right-of-way upon obtaining a no-fee permit for such removal or planting from the Director of Public Works. B. Permit Application. Application for such permit shall be made on a form approved by the Director of Public Works. The removal permit application shall specify the street tree proposed to be removed, the condition of the tree, and the reasons for such removal. The planting permit application shall specify such information about the tree proposed to be planted as the Director of Public Works shall require. Upon review of the permit application, the permit. The DirectorDirector of Public Works may approve, conditionally approve, or deny the of Public Works may condition the approval for removal of a street tree on replacement by one or more street trees, in conformance with the Master Street Tree Plan. The Director of Public Works may impose such other reasonable conditions as he or she may deem to be in the public interest. A permit for removal or planting of a street tree shall not be valid after 180 days from the date of issuance. C. Review of Decision by City Manager. The decision of the Director of Public Works shall be subject to review and reconsideration by the City Manager, upon written request of the property owner, delivered to the City Manager within ten days of the date of decision by the Director of Public Works. In the event of such review, the decision of the City Manager shall be final. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 090 Street and Tree Inspections

The Director of Public Works is charged with the duty and responsibility periodically to

inspect the streets and public ways of the City to determine whether there exists an immediate or proximate hazard or dangerous condition of, or whether the public access is inconvenienced or impeded by, any street tree or street landscaping, or any tree, shrub, hedge, or other plant growing on property adjacent to any street or public right- of- way. In performing this duty, the Director of Public Works, or a person authorized to perform such duty, may enter upon any private property during normal or reasonable times and in a reasonable manner. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

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Section 19. 24. 100 Street Tree Trimming Program; Removal of Hazardous Trees

The Director of Public Works shall undertake an annual program for pruning and trimming limbs and branches of street trees that are dead, diseased, presenting a hazard to persons or property, or that impede or interfere with the public convenience and unencumbered use of the streets and public ways of the City. The Director may also cause any street tree to be removed, if it is found to be dead or diseased or to constitute a hazard to the public or to any person or property. The scope and extent of the annual program shall be subject to the availability and appropriation of funds for the purpose by the City Council. The City Council may authorize general revenues for the purpose, or it may levy annual assessments on property wide assessment districts. The appropriation ofwithin the City under authority of existing City- revenues from such assessments shall be utilized for the purpose of undertaking activities of general benefit, in addition to benefitting property, within the City. The undertaking of this annual program by the City shall not be deemed to have assumed any duty, or to have relieved any property owner from any of the duties imposed by law or under Section 19. 24.040 above. With respect to the removal of any street trees pursuant to this section, the decision of the Director of Public Works made in accordance with this section shall be final. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 110 Authority for Replacing or Planting Additional Street Trees

As part of the annual street tree trimming program described in Section 19. 24. 090

above, the Director of Public Works is authorized to replace any street tree removed by the City with one or more trees of appropriate species and size, consistent with the approved Master Street Tree Plan. With the written consent of the owner of property abutting any street or public way, or upon the written request of such owner, the Director of Public Works may plant additional street trees within the public right-of-way, consistent with the approved Master Street Tree Plan, and subject to the availability of appropriations made by the City Council for the purpose. With respect to the replacement or addition of any street trees, the decision of the Director of Public Works made in accordance with this section shall be final. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 120 Authority for City to Trim or Remove Trees, Hedges, Shrubs and Other Plants on Private Property

Pursuant to the authority granted under the California Tree Planting Act of 1931, commencing with Section 22000 of the California Streets and Highways Code, the Director of Public Works is authorized to undertake the following activities. A. Removal of Trees. The Director of Public Works, and any assistants or agents, is authorized and empowered to enter upon any property within the City for the purpose of removing any tree or any part of any tree which appears to be dead, is liable to fall, is dangerous or is an obstruction to public travel, whether or not the tree is on any private property and overhangs or projects into any street or is in any street, park, parkway or other public grounds of the City. B. Notice for Removal of Tree, Emergency Exception. Except in the case of manifest public danger and immediate necessity, no tree shall be wholly cut down or removed unless ten days' notice in writing is given to the owner, tenant, or occupant, or agent of the owner, tenant, or occupant of the land upon which the tree is situated. If the owner, tenant, or occupant, or an agent thereof, cannot be found or located, such notice may be given by

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registered mail, first class postage pre- paid, to the last known owner of record of the property, as such owner is shown on the most recent assessment roll of the County Assessor. C. Owner' s Objection to Removal; Determination by City Manager. If, within seven days after notice has been given under Subdivision B above, the owner, tenant, occupant, or agent files with the Director of Public Works a written objection to the removal, the Director shall not cut down or remove the tree and shall instead set the matter for a hearing before the City Manager. The objecting party shall then be given a further written notice of the time, date and place of the hearing at least ten days in advance of such hearing. At the hearing, the Director of reasons for removing the tree. ThePublic Works shall present to the City Manager the objecting party shall have a reasonable opportunity to address the City Manager and to respond to all information presented to the City Manager, following which the City Manager shall determine whether or not the tree shall be removed. The decision of the City Manager shall be final. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 130 Liability for Injury or Damage Resulting From Trees

Nothing in this chapter shall be deemed, construed or interpreted to have imposed liability upon the City, or upon any of its officers and employees, for property damage or injury arising from the performance or failure to perform any authority, duty or responsibility assigned herein. Nothing in this chapter shall be construed or interpreted to the effect that the City has assumed any duty or liability that is imposed by law or this chapter upon an owner of property. Nothing in this chapter shall be construed or interpreted to have relieved a property owner from any duty or liability that is otherwise attributable to the owner. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 140 Public Nuisances with Respect to Street Trees

The following are declared to be public nuisances:
A. Any dead, diseased, infested, or dying tree on public or private property so near

to any street as to constitute a danger to street trees or to the public using any public street, sidewalk, or right- of- way. B. Any tree, or a part thereof including any roots, limbs or branches, that is unsafe and constitutes a hazard to the life, health or safety of the public, or any property, or which constitutes a source of infection for disease or insects that may endanger the health or life of other trees. C. Any tree growing on any property that is of a type or species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees or other official street trees, gutters, sewers, other public improvements, including utility mains, pipes or lines or their appurtenances, the risk of which cannot be effectively and economically mitigated without the removal of the tree. D. Vines or climbing plants growing into or over street trees, public hydrants, poles, or electroliers. E. Any tree that is infested, infected or in danger of becoming infested or infected with objectionable insects, scales, fungus or growth injurious to crops, ornamental vegetation, or trees. F. Any plant or shrub that is growing in a manner inconsistent with the requirements and limitations of Section 18. 56. 060 of the Development Code. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

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Section 19. 24. 150 Abatement by Property Owner

The owner of property on which a nuisance defined under Section 19. 24. 140 is found to

exist, upon receiving a notice to abate such nuisance from the Director of Public Works, shall pursue reasonable measures with due diligence to abate the nuisance. Prior to abating any nuisance requiring the removal of any street tree, the owner shall first apply for and obtain a permit from the Director of Public Works in accordance with Section 19. 24. 080. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 160 Owner' s Failure to Abate; Abatement by City

A. Owner' s Failure to Abate Within a Reasonable Time. If, after receiving a notice

to abate a nuisance defined in Section 19. 24. 140, an owner has not abated such nuisance within the time specified for such abatement by the Director of Public Works, the Director of Public Works shall prepare and issue a Notice of Hearing pursuant to Section 8.36.080 of this Code. Thereafter, the proceedings for determination by the City Council of a public nuisance by the City Council and abatement thereof found in Chapter 8. 36, commencing with Section 8. 36. 090 shall be conducted. B. Upon the conclusion of the proceedings set forth in Chapter 8. 36, if the City Council determines that a public nuisance exists, the Director of Public Works shall proceed with the abatement in accordance with the provisions of Chapter 8. 36. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 170 Abatement of Nuisance within a Public Street or Right- of-Way

Notwithstanding the provisions of Sections 19. 24. 150 and 19. 24. 160, if a nuisance

defined in Section 19. 24. 140 is found to exist within a public street or right- of-way, the Director of Public Works is authorized to proceed with the abatement of such nuisance. The authority to abate under this section is subject to the discretion of the Director of Public Works, in consideration of the amount of funds appropriated and available for such purposes by the City Council. This section shall not be construed or interpreted as relieving the owner of the property abutting such public street or right-of-way on which the nuisance is found from the duty to abate such nuisance, pursuant to Section 19. 24. 150. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

Section 19. 24. 180 All Remedies Cumulative

The remedies prescribed in this chapter are cumulative and in addition to all other

remedies available under this code or authorized by law. Ord. No. 2008- 2, Enacted, 1/ 8/ 08)

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DEVELOPMENT CODE INDEX Television, radio, reception antennas 18.58.510 A - APARTMENT PROJECT CONVERSION A-1 AGRICULTURAL ZONE See CONDOMINIUM CONVERSION See also SINGLE- FAMILY SUBDIVISION LOT AVERAGING APPEALS ZONES Building code decisions, alternative methods Building height regulations 18.10.020, 16.06.040