HomeMy WebLinkAboutReso 2013-105RESOLUTION NO. 2013-105
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY AND CALTRANS FOR LANDSCAPE
MAINTENANCE WITHIN THE STATE HIGHWAY RIGHT-
OF-WAY OF INTERSTATE 5 AT PALOMAR STREET
WITHIN THE CITY OF CHULA VISTA AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, on February 17, 2011, the Zoning Administrator of the City of Chula Vista
adopted Mitigated Negative Declaration IS-08-012 and approved the Conditional Use Permit
(PCC-08-016) and Design Review (DRC-08-25) for the Palomar Gas and Carwash Project,
which included requirements to install landscaping and construct irrigation improvements on a
4,000 square foot azea of land within the Interstate 5 State Highway right-of--way (Project),
within the jurisdiction of the State of California Department of Transportation (Caltrans); and
WHEREAS, on May 23, 2012, the Property Owner, Southern San Diego Properties, LLC
submitted applications to the City requesting approval of Grading Plans (PG 839) and
Improvement Plans (PC 2132) for the Project; and
WHEREAS, Caltrans requires approval of an Encroachment Permit for the Project to
construct landscaping and irrigation improvements in the State Highway right-of--way; and
WHEREAS, prior to approval of the Encroachment Permit, Caltrans requires that the
City enter into a Landscape Maintenance Agreement with Caltrans to maintain landscaping and
irrigation improvements in the State Highway right-of--way required for the Project; and
WHEREAS, the subject Landscape Maintenance Agreement between the City and
Caltrans for the Project sets forth the City's obligation to maintain certain landscaping and
irrigation improvements located in the State Highway right-of--way; and
WHEREAS, Caltrans has acknowledged within the subject Landscape Maintenance
Agreement that the City will pass the subject landscape maintenance obligations to the project
proponent/property owner in accordance with that certain Maintenance Agreement executed
concurrently with the Landscape Maintenance Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Landscape Maintenance Agreement between the City and
Caltrans for the Palomar Gas and Carwash Project.
Resolution No. 2013-105
Page No. 2
BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista is
hereby authorized to execute said Landscape Maintenance Agreement on behalf of the City of
Chula Vista.
Presented by
Halbe , P. AIC
Assistant ty Manager/Director of
Development Services
Approved as to form by
e
G1 n oogins
Ci y Atto y
PASSED, APPROVED, and ADOPTED by the City Counci] of the City of Chula Vista,
California, this 11th day of June 2013 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None ~ D
l~
Cheryl Cox, Ma r
ATTEST:
Donna R. Norris, C ity Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2013-105 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of June 2013.
Executed this 11th day of June 2013.
~~ ~ ~h~~
Donna R. Norris, MC, City Clerk
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