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HomeMy WebLinkAboutReso 1972-6563RESOLUTION 6563 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING DEFERRAL OF REQUIREMENT OF THE CITY CODE RELATING TO THE UNDERGROUNDING OF PUBLIC UTILITIES IN CONTINENTAL APARTMENTS SUBDIVISION The City Council of the City of Chula Vista does hereby resolve as follows. WHEREAS, on August 8, 1972, the City Council of the City of Chula Vista considered the request of Continental Apartments for the waiver of undergrounding utilities as a condition of that certain sub- division known as Continental Apartments Subdivision, and WHEREAS, the Planning staff has recommended that said waiver be granted based upon the fact subdivider would be faced with unnecessary hardship in undergrounding a portion of existing overhead electrical and telephone lines and said undergrounding would actually, under the present circumstances, result in the necessary installation of an additional pole and would, in no way, materially affect the overhead utility pattern in the area and the waiver of undergrounding at the present time would not be detrimental to the health, safety and general welfare of the neighbor- hood, and WHEREAS, it is understood and agreed that in the undergrounding of utilities program for fiscal year 1976-1977, this area would be subject to undergrounding and it is therefore desired that the subdivider enter into an agreement with the City of Chula Vista, binding upon his heirs and successors in interest for the purpose of insuring the undergrounding of service lines at the appropriate time, which undergrounding of service lines should be undertaken concurrently with the undergrounding of utilities upon the development of the new office building on the west side of Fourth Avenue, opposite the proposed subdivision, and WHEREAS, it is apparent that it will be both practical and feasible to underground utilities at this project within the foreseeable future. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that based upon the testimony given at said hearing, the City Council does hereby deny the waiver of undergrounding utilities requirement, provided however that said requirement may be deferred to the appropriate time in the future when said undergounding becomes both feasible and practical. BE IT FURTHER RESOLVED that subdivider shall provide, prior to approval of the final map, an agreement insuring the undergrounding of service lines concurrent with the development of the new office building to be located on the west side of Fourth Avenue, opposite the proposed subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby authorized and directed to forward a certified copy of this resolution to Continental Apartments. Presented by c~ ~ Lane F. Cole, Director 'o Public Works Approved as to form by -~ - - - orge D. ndberg, City Attorne ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFOR'VIA, this 15th • day of August by the following vote, t:o-wit: AYES: NAYES: ABSENT: Cau.r1C~ CmZ /~, Hyde, Egdahl, Scott, Hamilton Cauvtc.cP..me~ None C O u n ~-c..~ m~ r1 Hobe 1 Maya. a {~ f, ATTEST. '~..~ ! ~ z .~_-' /~ ~! ,.(~'-cJ, _- C~.t y C en -~ ~; STATE OF CALl`FORNIA j ~:GuNTY OF SAN DIEGO ) ss e CITY OF CHULA VISTA } ~~ ~'L ~ ~ ~ti~ y a {~ Cn u~a V ~ za :, J~NNIE M„ ~UiASZ, C~.~y C~enFz u~ xhe C~.~y a~ China V,c~,,~a; Ca.~.~~annta, DO h~REB~ C~RTIFy ~ha~ the aba~:e and ~a~cegv.~ng ~:~ a ~y~.~..C, ~nue and ean.~.ec~t ecry a~ and ~:Gca~t the c amE ha nab been amended an .n.e~ea~ed~. D.AT ~ D C~.x y C en , 197$, ~__ ~ .