HomeMy WebLinkAboutReso 1991-16366 RESOLUTION NO. 16366
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN ENCROACHMENT PERMIT FOR A MONUMENT
SIGN AND TEMPORARY DRIVEWAY TO BE PLACED IN CITY OPEN
SPACE MAINTENANCE DISTRICT ZONE D SALT CREEK I
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, The Baldwin Company has applied for an encroachment permit to
place a temporary monument sign, temporary driveway, and certain vegetation
within that portion of Open Space Lot No. A of Map 12829 within the EastLake
Open Space Maintenance District, as more fully described in the map attached as
Exhibit A ("Encroachment Area"); and,
WHEREAS, due to the nature of these encroachmerits, the permit must be
approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the issuance of an Encroachment Permit to Baldwin
Company ("Permittee") for a monument sign, temporary driveway and certain
vegetation to be placed in the Encroachment Area subject to the following
conditions:
1. A stop sign at Permittee's cost will be required for motorists exiting the
subdivision (from the driveway to East "H" Street), the cost of which
Permittee will agree to pay by agreement executed by Permittee in a form
satisfactory to the City Attorney prior to the issuance of said
Encroachment Permit.
2. The exact placement of the three 48" box California Pepper trees will be
with the approval of the City's Traffic Engineer prior to installation.
3. An additional insured endorsement certificate is required and must meet
the satisfaction of the City's Risk Manager.
4. The permit may be canceled by the City on 30 days advance written notice
to Permittee without cause but in any event shall terminate without any
further notice not later than 12:00 p.m., two years after date of
issuance.
5. Upon termination, Permittee shall remove the driveway, the monument and
any other encroaching objects (except as herein specified with regard to
trees) in the Encroaching Area, regardless of whether authorized by the
permit, and shall restore the entire area to the condition required by
approved landscape plans for said open space area, and if none have been
approved at the time of termination, then to its original condition.
Notwithstanding anything else herein contained, all trees planted in the
Encroachment Area by Permittee, or his designee, shall be removed and
replanted at Permittee's cost to a site to be designated by the Parks and
Resolution No. 16366
Page 2
Recreation Department. The Permittee's obligations requi red by this
condition shall be referred to as "Permittee's Restoration Duty" and shall
be contained in an agreement executed by Permittee in a form satisfactory
to the City Attorney prior to the issuance of said Encroachment Permit.
6. Permittee shall complete the Permittee's Restoration Duty ninety {90) days
after termination, but in any event, not later than January 1, 1994.
Permittee shall continuously maintain the Encroachment Area in the
revegetated condition requi red by the Permittee's Restoration Duty for a
period of 12 consecutive months after complete execution of Permittee's
Restoration Duty. The Permittee's obligations required by this condition
shall be referred to as "Permittee's Encroachment Area Maintenance Duty"
and shall be contained in an agreement executed by Permittee in a form
satisfactory to the City Attorney prior to the issuance of said
Encroachment Permit. Said agreement shall provide that the City's Parks
and Recreation Director shall be the judge of whether the Permittee has
properly maintained the Encroachment Area for 12 consecutive months.
7. A gate will be installed at the northern end of Ocean Breeze way blocking
through access to Mountain Ridge Road, prior to the occupancy of any units
in Salt Creek I. The driveway will not become a road.
BE IT FURTHER RESOLVED that the Director of Parks and Recreation is hereby
authorized to issue an encroachment permit when the above conditions are met by
the applicant.
Presented by _~~a~io fo ~ ~
Jes~ ~(~C~t~ &~TyS~ BTuce M. Boogaar
Resolution No. 16366
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 8th day of October, 1991, by the following vote:
YES: Councilmembers: Grasser Horton, Moore, Nader, Rindone
NOES: Councilmember: None
ABSENT: Councilmembers: Malcolm
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16366 was duly passed, approved,
and adopted by the City Council held on the 8th day of October, 1991.
Executed this 8th day of October, 1991.
~th~let, City Clerk