HomeMy WebLinkAboutReso 2017-012RESOLUTION NO. 2017-012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF AN
ENCROACHMENT PERMIT (PE1006) TO ALLOW THE
CONSTRUCTION AND MAINTENANCE OF A BUILDING
OVERHANG 29 FEET ABOVE STREET LEVEL
ENCROACHING FOUR FEET WITHIN THE CITY RIGHT OF
WAY OF MONTAGE AVENUE, AND AN ENCROACHMENT
MAINTENANCE AGREEMENT THEREFOR
WHEREAS, the area of land which is the subject of this Resolution is one existing
parcel located in the Millenia/Eastem Urban Center (EUC) Sectional Planning Area (SPA) in the
Mixed Use Civic/Office Core District (District 5, Lot 7 of Final Map 16081); and
WHEREAS, a duly verified application for a Design Review Permit was filed on April
21, 2016, with the City of Chula Vista Development Services Department, by LMC-Millenia
Investment Company, L.P. (Chesnut Properties and Applicant) for 318,000 square feet of office
development with 1,373 parking spaces within the Mixed Use Civic/Office Core District
(Project); and
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
Project was adequately covered in previously adopted Final Second Tier Environmental Impact
Report, EIR-07-01, therefore no further environmental review is required; and
WHEREAS, the Applicant proposed the construction of a new building with a second
story deck, 72'-6" long and 29' above street level, which overhangs and encroaches four feet into
the City right-of-way of Montage Avenue; and
WHEREAS, the .Applicant hereby requests permission for the above-mentioned
encroachment on City property at the location specified in accordance with the terms and
conditions stated in the Encroachment Maintenance Agreement (PEI 006); and
WHEREAS, the City Clerk set the time and place for the hearing on the Project application,
including the subject Encroachment Maintenance Agreement (PE1006), and notices of said
hearing, together with its purpose given by its publication in a newspaper of general circulation in
the City at least ten (10) days prior to the hearing; and
WHEREAS, the duly noticed and called public hearing on the Project was held before the
City Council in the Council Chambers in City Hall, Chula Vista Civic Center, 276 Fourth Avenue,
to hear public testimony with regard to the same.
Resolution No. 2017-012
Page No. 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby approves the Encroachment Maintenance Agreement for Lot 7 of Map
16081 between the City and LMC-Millenia Investment Company, L.P. (Chesnut Properties) in
the form presented, with such minor modifications as may be required or approved by the City
Attorney, a copy of which shall be kept on file in the Development Services Department and in
the Office of the City Clerk and authorizes the City Manager to execute the same.
Presented by,
Approved as to form by
Kelly G. Broug ton, FASLA Gen R. Gbogins
Director of Development Services Ci Atto ey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of January 2017 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
�
Mary Sgas, Mayor
ATTEST:
'
Donna R. Norris, CMC, City 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. 2017-012 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 10th day of January 2017.
Executed this 10th day of January 2017.
Donna R. Norris, CMC, City Clerk