HomeMy WebLinkAboutCC RESO 12,098RESOLUTION NO. 12,098
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND THE
DIXIELINE LUMBER COMPANY TO GUARANTEE THE
REMOVAL OF MATERIAL FROM THE SITE AT 3460
HIGHLAND AVENUE
BE IT RESOLVED by the City Council of the City
of National City that the Mayor is hereby authorized and
directed to execute that certain Agreement between the
City of National City and the Dixieline Lumber Company
to guarantee the removal of material from the site at
3460 Highland Avenue.
PASSED AND ADOPTED this 20th day of July, 1976.
ATTEST:
AGREEMENT
BETWEEN CITY OF NATIONAL CITY,AND DIXIELINE
LUMBER COMPANY REGARDING GUARANTEE OF REMOVAL
OF STORED LUMBER AND TRUSSES
RUUSSESAFROMEITS SITE AT
3460
WHEREAS, the Dixieline Lumber Company applied for a
conditional use permit to allow the manufacture and sale of
roof and floor trusses and the storage of raw lumber at its
leased site at 3460 Highland Avenue; and
WHEREAS, the Planning Commission of National City
resolved that said application be approved subject to the
following conditions:
Before any conditional use permit granted pursuant
to the provisions of Section 990-5.04:11 of the National City
Land Use Code shall become effective, the applicant shall file
a written statement, in the form to be prescribed by the City
Attorney,.with the Planning Department, acknowledging and ac-
cepting all of the conditions imposed upon such conditional
use permit. Failure to file such written statement. within 30
days after notice from the City to do so shall automatically
terminate the conditional use permit.
1) All areas of the site shall be maintained free of all
weeds, tash' or other debris._
2) Access driveway to Highland Avenue shall be paved with
minimum 3 inch thick asphalt surfacing or minimum 2
inch thick asphalt surfacing over 4 inch base of com-
pacted material approved by the City Engineer. All
such paving shall thereafter be properly maintained.
3) Truck operation on "D" or "F" Avenues is prohibited.
4) No encroachment upon stream bed.
5) No storage outside fenced and designated storage area.
6) A11 existing areas of landscape along Highland Avenue
frontage shall be maintained and kept in a growing and
•
(10')
scape guidelines of the National City Land Use Code.
7) Those areas of the property used for truss manufacture
and 'lumber storage shall be completely enclosed within a
6' high 9-gauge 3-1/2" x 5" mesh chain link fence with
inserts of 2-1/2" x 5/16" redwood slats installed ver-
healthy condition. Upon completion of the propose'
Interstate Freeway 54, provisions shall be made for
the permanent installation of the required ten foot
landscaped setback in accordance with the land-
tically.
8) The use allowed by this conditional use permit shall not
commence and thereafter shall not continue in the absence
of an approved Agreement between the user and the City
providing for:
a. Upon notification by the City Engineer, Dixieline
Lumber Company will remove all stored lumber and
trusses from -the Highland Avenue site within 8
hours of such notification. -Upon Dixieline's fail-
ure to perform, City may enter and do the required
work and chatge all costs to Dixieline.
b. •Dixieline Lumber Company shall post a bond in the
City Engineer to be suf-
c.
amount determined by the
ficient for any and all costs incurred_by the City.
In no more than 5 years the City Engineer shall
review the amount of this Bond and may thereafter
make adjustments in the amount necessary to reflect
current cost estimates. In the event the City
that the posted bond is no
cover said costs, Dixieline
be required to post a new
bond in the amount determined by the City Engineer
to be sufficient; and
Engineer determines
longer sufficient to
Lumber Company shall
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WHEREAS, condition No. 8 requires that an
agreement must be reached between Dixieline Lumber Company
and the City of National City to guarantee the removal
of all stored lumber and trusses from said site within
8 hours of notification of the City Engineer; and
WHEREAS, the City of National City and the
Dixieline Lumber Company agree to the requirements im-
posed by condition No. 8;
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
That upon notification by the City Engineer,
the Dixieline Lumber Company will remove all stored
lumber and trusses from its site at 3460 Highland Avenue
which is the subject of Conditional Use -Permit No. 1976-7
within 8 hours of such notification.
That upon Dixieline's failure to perform the
City may enter the property and do the required work
and charge all costs of labor and materials to Dixieline
Lumber Company.
That Dixieline-Lumber Company shall post a
bond in theamount of $5,000 with the Director of Finance
for any and 'all costs incurred by the City in entering
the property and doing the required work upon Dixieline's
failure to perform..
That the City Engineer shall review the amount
of the required bond every 5 years and may upon said
review make adjustments in the amount necessary to
reflect current cost estimates. In the event the City
Engineer determines that the posted bond is no longer
sufficient to cover said costs, Dixieline Lumber Company
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shall be required to post a new.bond in the amount
determined by the City Engineer to be sufficient.
Dated this day of , 1976.
DIXIELINE LUMBER COMPANY CITY OF NATIONAL CITY
WILLIAM S. COWLING, JR.
KILE MORGAN
President Mayor
Secretary City Clerk
(NOTARY)
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