HomeMy WebLinkAboutReso 1982-10971
RECORDING REQUEi.TEO 8~
Please Return To: .
1 ' Crv Clerk
Jennie M. Fu asz"l
P. O. Box IOS7
. C-1:! roia 92012
'Chula VlSta, ...iUllO
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IV7G
82-251182
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1982 AUG 13 PH I: 37
I _ YCh\; l ;: I
L..EEUiHY U\l:\fJE~
RESOLUTION NO. 10971
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING REQUEST TO WAIVE THE REQUIRElffiNTS
FOR REMOVING T~vO UTILITY POLES WITHIN CHULA VISTA
TRACT 81-7, PEPPERTREE ESTATES, AND RELOCATING SAID
POLES OUTSIDE OF THE SUBDIVISION BOUNDARY
NO FEE
The City Council of the City of Ch ula Vista does hereby
resolve as follows:
WHEREAS, the City Council has held a public hearing on
July 27, 1982 to consider a request to waive the requirements to
remove two utility poles from within Chula Vista Tract 81-7, Pepper-
tree Estates, and relocate said poles outside of the subdivision
boundary, in accordance with the requirements of Chapter 15.32 of
the Chula Vista Municipal Code, and
WHEREAS, the City Engineer concurs with the findings of
the San Diego Gas & Electric Company and the developer that it is
not possible to relocate said poles because of an inability to obtain
easements therefor and further that said relocation would not materially
alter the visual impact, and
WHEP~AS, after hearing all testimony and the recommendation
of the City Engineer, it has been determined that because of the extra-
ordinary conditions existing at said location, a waiver of the reloca-
tion of said utility poles would be justified based upon the following
reasons:
1. That extraordinary conditions exist to the extent that
enforcement of this section would result in unnecessary
hardship to the owner or the utility company.
2. That such waiver will not, under the circumstances of
the particular case, be detrimental to the health,
safety or general welfare of the neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby approve the request to waive the re-
quirement to remove two utility poles from within Chula Vista Tract
81-7, Peppertree Estates, and relocate said poles outside of the sub-
division boundary in accordance with the requirements of Chapter 15.32
of the Chula Vista Municipal Code.
-1-
" 1078
Revised 8/11/82
BE IT FURTHER RESOLVED that staff is directed to make
every effort to achieve a mutually satisfactory resolution of
the total undergrounding problem for all parties.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby directed to record a copy of
this resolution with the office of the San Diego County Recorder.
P resen ted by
Approved as to form by
/s/ John P. Lippitt
John P. Lippitt, City
Engineer
. ~
_L./ ...< 0~:~ .
~~~~ ,--- ~
George D. Lindberg, City
Attorney
1-/09'71
-2-
.. 107~;
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
:;HULA VISTA, CALIFORNIA, this
9~ 2 , by the following vote, to-wit:
10th
day of
August
AYES:
NAYES:
ABSTAIN:
ABSENT:
Councilmen
Scott. Cox. Malcolm. Moore
Councilmen
None
Coll'lcilmen
None
Councilmen
McCandliss
/s/ Gregory R. Cox
Mayor of the City of Chula Vista
ATTEST
/s/ Jennie M. Fulasz
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 10971
,and that the same has not been amended or repealed.
DATED August 12, 1982
(seal)
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t/ City Clerk
CC-660
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VIC~NITY._ MAP
NOT ro SCALE
TIT L E
VARIANCE FROM UNDER GROUNDING
REQUIREMENTS
PEPPERTREE ESTATES
DRAWN BY
L. M. G.
D ATE
6 - 8 - 82
!?-/Cf71
>.;;'~,blI- _
Revised 7/23/82
RESOLUTION NO. 10971
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING REQUEST TO WAIVE THE REQUIRErlliNTS
FOR REMOVING TWO UTILITY POLES WITHIN CHULA VISTA
TRACT 81-7, PEPPERTREE ESTATES, AND RELOCATING SAID
POLES OUTSIDE OF THE SUBDIVISION BOUNDARY
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council has held a public hearing on
July 27, 1982 to consider a request to waive the requirements to
remove two utility poles from within Chula Vista Tract 81-7, Pepper-
tree Estates, and relocate said poles outside of the subdivision
boundary, in accordance with the requirements of Chapter 15.32 of
the Chula Vista Municipal Code, and
WHEREAS, the City Engineer concurs with the findings of
the San Diego Gas & Electric Company and the developer that it is
not possible to relocate said poles because of an inability to obtain
easements therefor and further that said relocation would not materially
alter the visual impact, and
WHEP~AS, after hearing all testimony and the recommendation
of the City Engineer, it has been determined that because of the extra-
ordinary conditions existing at said location, a waiver of the reloca-
tion of said utility poles would be justified based upon the following
reasons:
1. That extraordinary conditions exist to the extent that
enforcement of this section would result in unnecessary
hardship to the owner or the utility company.
2. That such waiver will not, under the circumstances of
the particular case, be detrimental to the health,
safety or general welfare of the neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby approve the request to waive the re-
quirement to remove two utility poles from within Chula Vista Tract
81-7, Peppertree Estates, and relocate said poles outside of the sub-
division boundary in accordance with the requirements of Chapter 15.32
of the Chula Vista Municipal Code.
-1-
Revised 8/11/82
BE IT FURTHER RESOLVED that staff is directed to make
every effort to achieve a mutually satisfactory resolution of
the total undergrounding problem for all parties.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby directed to record a copy of
this resolution with the office of the San Diego County Recorder.
Presented by
Approved as to form by
-:L./ (~,~~
~~...~~.. ..r
~" ~ / ~...~:~"
. v' -- / /
John P. Lippitt, City
Engineer
George D. Lindberg, City
Attorney
,f-/t:97/
-2-
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this lath day of August
9) 2 t by the following vote, to-wit:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Councilmen Scott. Cox. Malcolm, Moore
Councilmen None
Councilmen None
Councilmen None
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 10971
, and that the same has not been amended or repealed.
DATED
City Clerk
( seal)
CC-660