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HomeMy WebLinkAboutReso 1967-4563RESOLUTION N0. 4563 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A POLICY REGARDING THE INSTALLATION OF TEMPORARY CUL DE SACS IN NEW SUBDIVISIONS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, in the design of rights-of-way in subdivisions it is occasionally necessary to require a subdivider to obtain slope right easements from adjacent property owners in order to continue the im- provement of streets dedicated on the subdivision map to the subdivision boundary, and WHEREAS, if said slope rights can be secured it is possible to install a temporary cul de sac either immediately adjacent to the subdivision boundary or upon the property of the adjoining owner so that the street may be continued at the time of the development of the adjacent property simply by the removal of the temporary cul de sac and the continuation of full street improvements, and WHEREAS, problems have arisen in the past in those instances where the adjacent property owner refuses to grant said slope right easements, and it is necessary to construct the terminus of the street with a temporary cul de sac set back from the boundary of the subdivision, and WHEREAS, no definite policy has been established as to whether the subdivider or the adjacent property owner, in such instances, should be required to bear the cost of removing said temporary cul de sac and installing full street improvements to the boundary of the subdivision at such time as the street is continued by the developer of the adjacent property, and WHEREAS, it is the desire of the City Council to establish a policy to cover such circumstances, which will-provide a reasonable solution and an equitable division of the burden between the subdivider and future developers of adjacent property, and will insure the installa- tion of standard street improvements as approved by the Director of Public Works, which policy shall be applied uniformly in all such situations henceforth and be incorporated as a condition of the tentative map and a part of the subdivision improvement agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the following policy relating to the installation of temporary cul de sacs at the terminus of streets at a subdivision boundary be, and the same is hereby adopted, to establish the responsibility of the respective parties for the costs of the removal of the temporar cul de sacs and installation of full street improvements, and to insure full improvement of said cul de sac.-in the event the street is not extended within a reasonable period of time. 1. All dead end streets, or streets terminating at the bound- aries of a subdivision or unit of a subdivision shall terminate in a properly constructed cul de sac, provided, however, that the Director of Public Works may waive said requirement if the circumstances justify. It shall be the responsibility of the subdivider to acquire necessary slope rights from adjacent property owners to install said cul de sac immediately adjacent to said boundary or upon the property of the adjacent owner, provided, however, if said adjacent owner refuses to grant the necessary slope rights and City has been assured that appropriate requests have been made for the acquisition of said slope rights but that it was impossible to acquire them, the cul de sac may be constructed at a reason- able distance from the boundary of the subdivision. 2. In all cases where it is contemplated that the cul de sac will be temporary and will be removed if and when the street is extended, subdivider shall provide the necessary easements for its construction on the adjacent property, which easements will stipulate that they shall automatically be extinguished when and if the street is continued and appropriate curbs, gutters and sidewalks installed. -1- .-...-..., .. ..~ .. ~. ~~...,, ~. ~ ~. r,u i~ay v ~i.: u: c.:~ ~ .:u Sul ~:, shall be constructed in a permanent manner, in accordance with the stand- ards established by the Director of Public Works and in accordance with accepted standards and specific plans for the construction of said cut de sac, including the full improvement thereof as if the construction were to be permanent, provided, however, that subdivider may install a tempor- ary asphaltic berm rather than standard improvements if he shall deposit with the City of Chula Vista a bond, cash or other approved security in an amount sufficient to remove the temporary improvement and install the permanent cul de sac improvements, including the construction of driveways, sidewalks, walls and Fences, planting and landscaping on the adjacent lots to the cul de sac. The condition of said bond or deposit shall be that subdivider agrees to install said permanent improvement if and in the event that the adjacent property is not developed within a period of five (5) years and the street right-of-way is nat. extended as a part of the design of the development of said adjacent property. If at any time with- in said five (5) year period the adjacent property is developed and the street right-of-way extended, including the installation cf full standard improvements, said bond shall be exonerated or cash deposit refunded to subdivider, or if at any time within the said five (5) year period the ad- jacent property is developed and such development is such that it is evident that said street will not be extended, then the developer shall install the full standard improvements at that time. 4. The total cost of removing the cul de sac improvement whether temporary or permanent, and insvallinq_ the full standard street improvement, including curb, gutter and sidewalk, upon the extension of the right-of-way shall be borne by trie adjacent property owner. 5. Exceptions. In those cases where the ead end street is at the boundary of a unit of a subdivision and the adjacent property consti- tutes an additional unit of the same subdivision for whic!: a tentative map has been filed and approved, it shall not be necessary to install said temporary or permanent cul de sac, provided that the subdivider shall be required to grant easements of the nature set forth herein above to the City and deposit with the City a bond or cash deposit in an amount necessary to install a permanent cul de sac, which bond shall be exonerated or cash deposit refunded at such time as a final map of the adjacent unit has been filed and approved and an improvement agreement executed providing for the extension of the street right-of-way. Presented by Approved as to form by Lane F. Cole, Director of Public Works George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 26th day of September , 1~i7 , by the following vote, to-wit: AYES: Councilmen Sylvester. "nderson. McCorguodale. McAlister spar ling NAYES: Councilmen ABSENT; Councilme / ~ / r ATTEST ~ L~-~ -c~.~ «_c~~~~a_«.~L G~~~~' ~. City Clerk 5)~~~f,f ~~jxrs~2-.~~C~ f a or o 'the City ,df China Vista STATE OF CALIFORNIA j COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED . City Clerk ~- ~156~