HomeMy WebLinkAboutReso 2004-377
RESOLUTION NO. 2004-377
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE 3.88
ACRES AT 321 RANCHO DRIVE INTO A ONE-LOT
CONDOMINIUM TENTATIVE SUBDIVISION MAP
CONTAINING 48 RESIDENTIAL UNITS
I. RECITALS
WHEREAS, a duly verified application for a tentative subdivision map was filed on
September 9, 2004, with the City of Chula Vista Planning Department and Building Department
by the Donia Family Limited Partnership ("Applicant") requesting approval of a tentative
subdivision map to convert 48 apartment units into individually own condominiums ("Project");
and
A. Project Site
WHEREAS, the area of land which is the subject matter of this resolution is
diagrammatically represented in Exhibit "A", copies of which are on file in the Office of
the City Clerk, incorporated herein by reference, and commonly known as Chula Vista
Tract No. 05-11, Tentative Subdivision Map, 321 Rancho Drive and for the purpose of
general description herein consists of 3.88 acres, located at 321 Rancho Drive ("Project
Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on September 9, 2004, the Applicant filed a tentative subdivision
map with the City of Chula Vista Planning and Building Department requesting approval
of the tentative subdivision map to convert an existing 48-unit apartment complex to 48
condominium units for individual ownership; and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the project site has received the following
discretionary approvals and recommendations: 1) Planning Commission
recommendation of approval of PCS-OS-ll, tentative subdivision map for a 48-unit
condominium conversion on November 10, 2004; and 2) Zoning Administrator approval
ofDRC-04-62 on November 17, 2004; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on November 10, 2004, and after hearing staff's presentation and public
testimony voted 4-0 to recommend that the City Council approve the Project, in
accordance with the findings and subject to the conditions listed below; and
E. Council Record of Applications
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Page 2
WHEREAS, the City Clerk set the time and place for the public hearing on the
Project's tentative subdivision map application; and notice of said hearing, together with
its purpose, was given by its publication in a newspaper of general circulation in the City,
its mailing to property owners within 500 feet of the exterior boundary of the project and
its mailing to the current tenants residing at 321 Rancho Drive, at least 10 days prior to
the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on November 23, 2004, in the Council
Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same.
NOW THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Project held on November 10, 2004, and the minutes and resolution
resulting therefrom, are hereby incorporated into the record of this proceeding.
III. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
proposed project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to
Section 15301 of the State CEQA Guidelines. Thus no further environmental review or
documentation is necessary.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and concurs with
the Environmental Review Coordinator's determination that the Project qualifies for a Class I
(Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines.
V. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Govemment Code Section 66473.5 of the Subdivision Map Act, the
City Council finds that the tentative subdivision map, as conditioned herein for 321
Rancho Drive, is in conformance with the elements of the City's General Plan, based on
the following:
a. Land Use
It is the City's goal to accommodate diversified housing types. The site is
designated medium-high density consistent with the General Plan. Thus, the
Project, as conditioned, is in substantial compliance with the adopted General
Plan.
b. Circulation
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All on-site and off-site public streets required to serve the subdivision
currently exist. No street improvements are required.
c. Housing
The Project is consistent with the density prescribed within the General
Plan and provides attached condominium units for individual ownership. The
conversion of 48 apartment units to 48 condominium units creates additional
opportunities for residential ownership.
d. Open Space
The Project includes adequate, existing on-site open space areas as well as
a swimming pool for resident use.
e. Safety
The Fire Department and other emergency service agencies have reviewed
the proposed subdivision for conformance with City safety policies and have
determined that the proposal meets the City Threshold Standards for emergency
services.
B. The configuration, orientation and topography of the site allows for a feasible
setting for passive or natural heating and cooling opportunities as required by
Government Code Section 66473.1.
C. The site is physically suited for residential development and the proposal
conforms to all standards established by the City for such project.
D. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extend to the impact created
by the proposed development.
VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION
REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL
ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA
MUICIPAL CODE
Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the
City Council finds that the project meets the following:
A. Fire Protection: The Fire Marshall has determined that the project is in
substantial conformance with fire protection standards. The project is conditioned to
comply with current fire protection requirements.
B. Uniform Building Code: The Building Department reviewed the "Property
Condition Assessment Report" prepared by JCEPlHuang Consulting Engineers, Inc., and
found that the Project will satisfY the Building Code requirements if the recommended
improvements set forth in the report are constructed or put in place.
C. Storage: Section 15.56.020 requires storage area for each unit. Each unit
contains two bedrooms, which requires 200 cubic-feet of storage area for each unit. The
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Applicant proposes to provide approximately 200 cubic-feet of combined storage space
in the existing one-car garages located along the north and east property lines, and
immediately adjacent to the balconies of each unit. While the amount and location of the
proposed storage does not meet the standards found in CVMC Section 15.56.020 (C),
Section 15.56.070 allows a deviation from those requirements if good cause can be
shown and the merits of the project, as a whole, make such an exception worthwhile.
Staff believes that the project is meritorious because it is of good quality and will
increase the supply of low and medium priced homes in the area. Furthermore,
incorporating 200 cubic-feet of adjacent storage space into all 48 units would require
extensive structural changes to the existing building and significantly reduce each unit's
habitable space.
D. Housing Code: The Project is required to pass a housing inspection prior to final
map approval.
E. Protective Lighting Standards: The Project will maintain the existing protective
lighting standards.
F. Off-street parking: Section 19.62.050(13) requires two parking spaces for each
two-bedroom unit. Each of the 48 units contains two bedrooms. The Project provides
125 off-street parking spaces for resident use.
G. Design Guidelines: Generally, the design of the building and its surrounding area
are adequate. The Applicant does not propose significant exterior structural changes to
the existing buildings, but shall be required to upgrade the building's appearance by
repairing and re-painting exterior surfaces and replacing windows and window trimming,
and add storage space adjacent to the balcony of each unit.
H. Separate Service Meters: A Homeowners Association will be responsible for the
water and sewer service utility meters. The Applicant shall provide written evidence how
this will be satisfied.
I. Housing Department Compliance Survey: The Project is required to pass a
housing inspection prior to final map approval, and perform all corrections listed in the
Apartment Inspection Report prior to occupancy.
J. CC&Rs: The Project is conditioned to provide evidence of declarations of
covenants, conditions and restrictions in conjunction with the final map.
K. Open Space: Common Open Space: Section 19.28.090 requires 400 square-feet
of common usable open space per unit; therefore, the project must provide a minimum of
19,200 square-feet of open space. The existing open space includes a swimming pool
and approximate 80,780 square-feet oflandscaped area.
VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5
Noticing Documentation
Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right
to a public hearing. The City of Chula Vista provided notices to tenants and surrounding
property owners of all required public hearing for the Project, and the Applicant has satisfied the
following noticing requirements at the time of submittal of the tentative map, which includes a
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60-day "Notice ofIntent to Convert", a "Notice to Prospective Tenants ofIntent to Convert", and
a 180-day notice for "Notice to Tenants ofIntention to Convert and Termination of Tenancy".
BE IT FURTHER RESOLVED that the City Council does hereby approve tentative
subdivision map, Chula Vista Tract No. 05-11 as represented in Exhibit "B" subject to the
general and special conditions set forth below.
VIII. GENERAL CONDITIONS OF APPROVAL
A. Project Site is Improved with Project
The Applicant, or their successors in interest, shall improve the Project Site with
the Project as described in the tentative subdivision map, Chula Vista Tract No. 05-11,
321 Rancho Drive.
B. Design Consistency
The Applicant shall develop the condominium units in accordance with the City
of Chula Vista Design Guidelines and in accordance with DRC 04-62 approved by the
Zoning Administrator on November 17,2004.
IX. SPECIAL CONDITIONS OF APPROVAL
The conditions herein imposed on the tentative map approval or other entitlement herein
contained is approximately proportional both to nature and extent of impact created by the
proposed development. Unless otherwise specified, all conditions and code requirements listed
below shall be fully completed to the City's satisfaction prior to approval of the final map.
GENERAL I PLANNING AND BUILDING
1. All of the terms, covenants and conditions contained herein shall be
binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Applicant as to any or all of the property.
2. Applicant shall, comply, remain in compliance and implement, the terms,
conditions and provisions, as are applicable to the property which is the subject
matter of this tentative subdivision map and as recommended for approval by the
Planning Commission on November 10,2004, and DRC 04-62 as approved by the
Zoning Administrator on November 17, 2004. The Applicant shall enter into an
agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation procedures as
the City may require compliance with the above regulatory documents. Said
agreement shall also ensure that, after approval of the final map, the Applicant
will continue to comply, remain in compliance, and implement such plans.
3. Applicant shall coordinate with the City of Chula Vista Planning and
Housing Division to schedule a meeting with the current and prospective tenants
to present housing program opportunities and relocation assistance programs prior
to final map approval.
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4. Prior to recordation of the final map, the Applicant shall submit evidence
that the following City of Chula Vista noticing forms have been delivered to the
existing and prospective tenants:
a. 10-day notice to all existing tenants of an application of a Public Report
- "Form C".
b. 1 O-day Notice to all existing tenants of final map approval- "Form D".
c. Notice to all prospective tenants of option to purchase/termination of
tenancy - "Form E".
d. 90-day Notice to all existing tenants of option to purchase/termination
of tenancy - "Form F".
e. 180-day notice to all existing tenants of intent to convert/termination of
tenancy - "Form G".
S. Prior to final map approval, incorporate the recommended improvements
specified in the "Property Condition Assessment Report" prepared by
JCEPlHuang, which include the following:
a. Replace all existing heating units with new energy-efficient heating
units.
b. Replace windows with e-glaze dual pane, energy efficient windows.
c. Repair, seal-coat and re-stripe the asphalt paved driveway and parking
lot within one year.
d. Paint building exteris, including walls, stairs, railing, balcony
enclosures, light posts, garages, etc.
e. Re-roofthe buildings with a fire-rated roofing material.
f. Replace wooden garage doors with aluminum roll-up doors and install
electric or automatic openers.
g. Replace water heaters more than 10 years old with new energy efficient
water heater units. These units shall be properly secured with metal
straps.
6. The following items shall be submitted for approval by the Director of
Planning and Building and/or the City Landscape Planner:
a. Provide a conceptual landscape and irrigation plan to refurbish the
existing landscaped areas for review and approval by the Landscape
Planner. Upon approval of the conceptual plan, submit detailed landscape
planting and irrigation plans.
b. Provide a tot-lot and picnic area that is easily accessible to project
residents.
c. A water management plan and a perimeter fencing plan in conjunction
with the planting and irrigation plan.
7. The project shall meet current fire protection standards and shall maintain
all existing fire protection facilities.
8. Walls, which meet the current Uniform Building Code standards, shall be
installed between airspaces of the condominium units. In addition, Applicant
shall install one-hour rated party walls on the upper unit ceilings.
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9. Prior to final map approval, the Applicant shall add a trash enclosure in an
acceptable location near the parking area near the south end of the site. All trash
enclosures shall be constructed as a 20' x 10" enclosure to accommodate trash
and mixed paper recycling bins. The enclosure shall allow access without the
need to move other containers out of the way. Furthermore, all trash container
areas shall be paved with an impervious surface, designed to not allow run-on
from adjoining areas, screened or walled to prevent off-site transport of trash, and
provide attached lids on all trash containers that exclude rain or provide a roof or
awning to minimize direct precipitation. The Applicant shall develop and submit
a "Recycling and Solid Waste Management Plan" to the Conservation
Coordinator for review and approval as a part of the permit process. The plan
shall demonstrate those steps the applicant will take to comply with Municipal
Code, including but not limited to Sections 8.24 and 8.25, and meet the State
mandate to reduce or divert at least 50 percent of the waste generated by all
residential, commercial and industrial developments. The applicant shall contract
with the City's franchise hauler throughout the construction and occupancy phase
of the project.
10. Applicant shall install a minimum of 200 cubic-feet of storage area for
each unit. Storage space must be easily accessible and can be placed in the
garages. A portion of the required storage space shall be located immediately
adjacent to each unit.
11. All lighting shall meet the protective current lighting standards of the
current Uniform Building Code.
12. The Project's exterior upgrades shall be in accordance with the approved
DRC-04-62 design review permit including but not limited to, repairing and
re-painting exterior surfaces, replacing existing windows with noise and energy
efficient windows, add window trimming, add storage units adjacent to the
balcony of each unit, etc.
13. The Homeowners Association shall be responsible for service utilities
including water and sewer, and the billing and payment of these utility costs.
14. Prior to final map approval, the Applicant shall submit an application to
the Housing and Building Department for a compliance survey. If the survey
identifies any deficiencies, the Applicant shall correct them prior to issuance of
the occupancy certificate.
15. All utilities serving the subject property and existing utilities located
within or adjacent to and serving the subject property shall be placed underground
in accordance with the Chula Vista Municipal Code. Further, all new utilities
serving the subject property shall be placed underground prior to the issuance of
building permits.
16. Any and all agreements that the Applicant is required to enter into
hereunder shall be in a form approved by the City Attorney.
DRAINAGEINPDES
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17. Fully implement NPDES best management practices ("BMPs") to reduce
the amount of pollutants entering the City's storm water conveyance system,
including but not limited to:
The erection of signs near storm drain inlets and public access point along channels and
creeks; installation of efficient irrigation systems and landscape design; employment of
integrated pest management principles; and the creation and implementation of inspection and
maintenance programs for structural treatment control BMPs and private sewer lines.
a. Providing storm drain system stenciling and signage; more specifically:
i. Provide and maintain stenciling or labeling near all storm drain
inlets and catch basins.
ii. Post and maintain City-approved signs with language and/or
graphical icons that prohibit illegal dumping at public access
points along channels and creeks.
b. Installing and using efficient irrigation systems and landscape design;
more specifically:
i. Employ rain shutoff devices to prevent irrigation after
precipitation.
ii. Adjust irrigation systems to each landscape area's specific
water requirements.
iii. Using flow reducers or shutoff valves triggered by a pressure
drop to control water loss in the event of broken sprinkler heads or
lines.
iv. Employing other comparable, equally effective, methods to
reduce irrigation water runoff.
c. Employing integrated pest management principles. More specifically,
eliminate and/or reduce the need for pesticide use by implementing
Integrated Pest Management (IPM), including: (1) planting pest-resistant
or well-adapted plant varieties such as native plants; (2) discouraging pests
in the landscaping design; (3) distributing IPM educational materials to
homeowners/residents. Minimally, educational materials must address the
following topics: keeping pests out of buildings and landscaping using
barriers, screens, and caulking; physical pest elimination techniques, such
as, weeding, squashing, trapping, washing, or pruning out pests; relying on
natural enemies to eat pests; and, proper use of pesticides as a last line of
defense.
d. Educate the Public. More specifically, the Homeowners Association,
through Property Management, etc., shall inform residents about the City's
non-storm water and pollutant discharge prohibitions. This goal can be
achieved by distributing informative brochures (some available free from
the City of Chula Vista) to new home buyers and dedicating sections of
newsletters to storm water quality issues, as applicable.
e. NPDES Codes, Covenants, and Restrictions provisions. The Codes,
Covenants, and Restrictions ("CC&Rs") shall include provisions for the
perpetual and routine maintenance of structural BMPs, private sewer and
storm drain facilities for the purpose of preventing and in such a manner
as to prevent the discharge of non-storm water pollutants to the public
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SEWER
STREETS
CC&RS
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storm water conveyance system. The CC&Rs shall include the
requirement to maintain records for the past 10 years of BMP
implementation, inspections, and maintenance activities.
18. The onsite sewer system shall be private. All sewer laterals shall be
privately maintained from each building and/or condo unit to the City maintained
public sewer main within Rancho Drive.
19. Establish a Homeowners Association to fund and oversee a contract for
the maintenance of the onsite private sewer system. The frequency of
maintenance of the sewer system shall be contained in the provisions of the
Codes, Covenants and Restrictions. The City Engineer and Director of Public
Works shall approve the provisions of the CC&Rs regarding the onsite private
sewer system.
20. The street within the development shall be private.
21. Remove and replace both existing driveways along the project frontage for
compliance with ADA pedestrian access route requirements. Said work shall be
done under a Chula Vista construction permit using Chula Vista Construction
Standard CVCS-l for driveways. Driveway replacement shall be guaranteed
prior to recordation of the final map.
22. Submit CC&Rs to the City Engineer, Director of Planning and Building
and City Attorney for approval prior to approval of the final map. Said CC&Rs
shall include the following:
a. The creation of a Homeowner's Association ("HON'), which shall,
among other things, be responsible for maintaining all common facilities
within the Project including, but not limited to: walls, fences, water
fountains, lightning structures, paths, trails, access roads, drainage
structures, water treatment facilities, landscaping, trees, streets, parking
lots, driveways, and private sewage and storm drain systems.
b. Language stating that the landscaping shall be maintained by the HOA
in a healthy and thriving condition at all times.
c. Language that indemnifies and holds harmless the City from any
claims, demands, causes of action liability or loss, including claims arising
from the maintenance activities of the HOA.
d. The City's right to enforce CC&Rs.
e. An insurance provision requiring the HOA to maintain a policy of
comprehensive general liability insurance written on a per-occurrence
basis in an amount not less than one million dollars ($1,000,000.00)
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Page 10
combined single limit. The policy shall be acceptable to the City and
name the City as additional insured.
f. Any revisions to provisions of the CC&Rs that may particularly affect
the City must be approved by the City. Furthermore, the HOA shall not
seek approval from the City of said revisions without the prior consent of
100 percent of the holders of first mortgages and property owners -
unless, the Director of Planning and Building waives this requirement.
g. The HOA shall not seek to be released by the City of any maintenance
obligations without the prior consent of the City and 100 percent of the
holders of first mortgages and property owners - unless, the Director of
Planning and Building waives this requirement.
h. Implement education and enforcement program to prevent the
discharge of pollutants from all on-site sources into the storm water
conveyance system.
i. The HOA shall maintain, in perpetuity, membership in an advance
notice service/system such as the USA Dig Alert Service and shall cause
any private facilities of the property owners or HOA to be marked out
whenever work is performed in the area.
Said CC&Rs shall be consistent with Chapter 18.44 of the subdivision
ordinance, and shall be recorded concurrently with the final map.
23. Submit a Homeowners Association budget for review and approval by the
City Engineer for the maintenance of private streets, storm drains and sewage
systems. Said budget shall include the following maintenance activities:
a. Streets must be sealed every 7 years and overlaid every 20 years
b. Sewers must be cleaned once a year with the contingency for
emergencies
c. Red curbs/striping must be painted once every three years
EASEMENTS
24. All existing easements and irrevocable offers of dedication shall be shown
on the final map. A title report dated within 60 days of submittal of the final map
shall be submitted together with backing documents for all existing public utility
easements and offers of dedication. Applicant shall submit evidence of noticing
to all existing public utility easement holders within the project boundaries as
required by the Section 66436 of the Subdivision Map Act.
AGREEMENTS
25. Applicant shall and does agree to defend, indemnify and hold harmless the
City and its agents, officers, and employees, from any claim, action or proceeding
against the City, or its agents, officers or employees to attack, set aside, void or
annul any approval by the City, including approval by its Planning Commission,
City Councilor any approval by its agents, officers, or employees with regard to
this subdivision provided the City promptly notifies the subdivider of any claim,
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Resolution 2004-377
Page 11
action or proceeding and on the further condition that the City fully cooperates in
the defense.
26. The Applicant shall and does agree to hold the City harmless from any
liability or erosion, siltation or increase flow of drainage resulting from this
project.
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27. The Applicant shall permit all franchised cable television companies ("Cable
Company") equal opportunity to place conduit and provide cable television
service to each lot within the subdivision. Restrict access to the conduit to only
those franchised cable television companies who are, and remain in compliance
with, all of the terms and conditions of the franchise and which are in further
compliance with all other rules, regulations, ordinances and procedures regulating
and affecting the operation of cable television companies as same may have been,
or may from time to time be issued by the City of Chula Vista.
28. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83).
29. Submit copies ofthe final map in a digital format such as (DXF) graphic file prior
to approval of the final map. Provide Computer Aided Design (CAD) copy of the
final map based on accurate coordinate geometry calculations and submit the
information in accordance with the City guidelines for digital submittal in
duplicate prior to the approval of the final map.
30. Submit a conformed copy of a recorded tax certificate covering the property prior
to approval of the final map.
X. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits, deny,
revoke, or further condition all certificates of occupancy issued under the authority of approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions
or seek damages for their violation. The Applicant shall be notified ten (10) days in advance
Resolution 2004-377
Page 12
prior to any of the above actions being taken by the City and shall be given the opportunity to
remedy any deficiencies identified by the City within a reasonable and diligent time frame.
XI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in the
event that anyone or more terms, provision, or conditions are determined by a court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to
be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
s D. Sandoval
ing and Building Director
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Ann Moore
City Attorney
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of November, 2004, by the following vote:
AYES:
Councilmembers:
Davis, Rindone, Salas and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
McCann
ATTEST:
-~lí .~ ð .c.---"
Susan Bigelow, MMC, Ci Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Resolution No. 2004-377 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 23rd day of November, 2004.
Executed this 23rd day of November, 2004.
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Susan Bigelow, MMC, City lerk