HomeMy WebLinkAboutReso 2013-106RESOLUTION NO. 2013-106
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MAINTENANCE
AGREEMENT BETWEEN THE CITY AND SOUTHERN SAN
DIEGO PROPERTIES, LLC (PROPERTY OWNER) FOR THE
PALOMAR GAS AND CARWASH PROJECT 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 Declazation 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 squaze 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, 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 City requires the property owner enter into a Maintenance Agreement
with the City to transfer the maintenance obligation for landscape and`irrigation improvements in
the State Highway right-of--way from the City to the property owner and successors and assigns;
and
WHEREAS, the Maintenance Agreement for the Project sets forth the property owner's
obligation to maintain the subject landscaping and irrigation improvements located in the State
Highway right~f--way in perpetuity.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Maintenance Agreement between the property owner and the City
for the Palomar Gas and Carwash Project.
BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista is
hereby authorized to execute said Maintenance Agreement on behalf of the City of Chula Vista.
Resolution No. 2013-106
Page No. 2
Presented by
Gazy lbert, .E., ICP
Assistant Cit Manager/Director of
Development Services
Approved as to form by
en R. ogins
Att ey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of June 2013 by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
~ 6/(/n iS.1C1
Donna R.R. No~City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
Cheryl Cox, M or
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2013-106 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.
Donna R. Norris, CMC, City Clerk