HomeMy WebLinkAboutReso 1990-15658 RESOLUTION NO. 15658
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REPEALING RESOLUTION NO. 15442 ON THE BASIS OF LACK OF
SUFFICIENT NOTICE, A RESOLUTION WHICH HAD APROVED THE
TENTATIVE SUBDIVISION MAP FOR SUN-UP VISTA, CHULA VISTA
TRACT 89-12 - GOLD KEY DEVELOPMENT
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, at the City Council meeting of May 8, 1990, the City Council
conducted a public hearing on the issue of approving the tentative subdivision
map known as Sun-Up Vista, Chula Vista Tract 89-12, a project which proposes
to subdivide 2.31 acres on the south side of Telegraph Canyon Road, east of
Hilltop into 6 single family lots and 1 open space/recreational lot; and
WHEREAS, it was later determined that those surrounding property owners
legally entitled to notice had not been properly given notice of the
aforementioned public hearing; and
WHEREAS, it is the Council's desire to conduct a public hearing on the
issuance of the tentative subdivision map in a fair, impartial and unbiased
manner, affording full due process rights to both the applicant and to the
surrounding property owners and to all other persons entitled by law to
consideration at said public hearing; and
WHEREAS, following the repeal of the aforementioned Resolution No. 15442,
it is the City Council's desire and intention to conduct an open, fair,
impartial and unbiased public hearing with regard to the tentative subdivision
map in the same manner as if it were a matter of first impression.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista:
Section 1: The City Council hereby finds and determines that Resolution
No. 15442, a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE TENTATIVE SUBDIVISION MAP FOR SUN-UP VISTA, CHULA VISTA TRACT
89-12 - GOLD KEY DEVELOPMENT, was void ab initio due to the failure to have
provided legal notice to interested parties in the manner required by law and
by the federal and state constitutions.
Section 2: The City Council does hereby revoke, repeal and rescind
Resolution No. 15442 entitled "Resolution of the City Council of the City of
Chula Vista Approving the Tentative Subdivision Map for Sun-Up Vista, Chula
Vista Tract 89-21 ~ Gold Key Development" in its entirely as if same had never
been issued by the City of Chula Vista.
Resolution No. 15658
Page 2
Section 3: The City Council does hereby find that the applicant, having
been provided notice of its intention to repeal said resolution and not having
objected thereto to the City Council prior to the adoption of this resolution,
has waived any claim or right to object to the repeal of said Resolution No.
15442.
Section 4: The City Council does hereby find that, upon the effective
repeal hereof, that the City Council is, and will remain, an unbiased and
impartial tribunal free to exercise its full and unfettered discretion with
regard to the tentative subdivision map which was the subject matter of the
aforementioned resolution.
Presented and Appro d as to form by
Resolution No. 15658
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 5th day of June, 1990 by the following vote:
AYES: Councilmembers: Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: McCandliss
ABSTAIN: Councilmembers: Malcolm
cCX:
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. 15658 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 5th day of
June, 1990.
Executed this 5th day of June, 1990.