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HomeMy WebLinkAboutRDA Reso 2002-1783 RESOLUTION NO. 1783 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING A SPECIAL USE PERMIT (SUPS-01-05) TO PERLA BARRAZAISMART-MEX, INCORPORATED I LIGHTNING AUTO CENTER PARTNERS FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA A. RECITALS 1 . Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1616 Third Avenue/304 Montgomery Street ("Project Site"); and 2. Project Applicant WHEREAS, on January 31, 2001, a duly verified application for Special Use Permit SUPS-01-05 was filed with the City of Chula Vista Planning Department and the Community Development Department by F. Leland Hope, Architect ("Applicant"); and 3. Project Description; Application for Special Use Permit WHEREAS, the Applicant's original request was to construct a 1 ,240-sq. ft. automatic car wash and 840-sq. ft. two bay center, and 435-sq. ft. customer service building, including required on-site parking, landscaping and driveways; and WHEREAS, the Applicant revised the Project proposal to address Redevelopment Agency ("Agency") concerns regarding land use intensity and vehicle queuing onto the Project site; and, WHEREAS, the Applicant revised the Project proposal to be less intensive by eliminating the lube center, adding an auto detail center, and by redesigning the site plan to adequately address vehicle queuing onto the project site; and WHEREAS, Applicant requests permission to construct a 564-sq. ft. customer service building, and automatic 1,164-sq. ft. car wash with accompanying auto detail center, and required on-site parking, landscaping and driveways ("Project"); and, 4. Planning Commission Record of Application WHEREAS, in absence of a Southwest Project Area Committee, and pursuant to the Redevelopment Agency Resolution No. 1536 (City Council Resolution No. 18624), the Planning Commission has been designated as the body to provide recommendations for development projects located in the Southwest Project Area presented to the City Council and/or Agency for consideration pursuant to the authority granted in the Zoning Ordinance and the Southwest Redevelopment Plan; and Resolution No. 1783 Page 2 WHEREAS, the Planning Commission advertised a public hearing for the original Project submittal for December 12, 2001 that was continued to a public hearing on January 9, 2002, where it was continued again to a public hearing on January 23, 2002, and where the Planning Commission provided no formal recommendation to the Agency; and 5. Redevelopment Agency of the City of Chula Vista Record of Application WHEREAS, a duly called and noticed public hearing for the original Project submittal was held before Agency on March 19, 2002, to hear public testimony with regard to the Project; and WHEREAS, Agency continued the Project to allow the Applicant the opportunity to address Agency concerns regarding land use intensity and vehicle queuing onto the Project site; and, WHEREAS, the continued public hearing for the revised Project proposal was held before the Agency on June 4, 2002, to hear public testimony with regard to the Project; and NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence for the original Project submittal introduced before the Planning Commission at their public hearings held on December 12, 2001, January 9,2002 and January 23, 2002 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-01-38, in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator .has prepared a Mitigated Negative Declaration, IS-01-38. The Environmental Review Coordinator has determined that only minor technical changes or additions to the Mitigated Negative Declaration are necessary to address changes to the project subsequent to the preparation of this document and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, IS-01-38. Resolution No. 1783 Page 3 D. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. The Agency hereby considers addendum IS- 01-38. E. SPECIAL USE PERMIT FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of special use permits, as herein below set forth, and sets forth, hereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community, The proposed use at this location will provide a service or facility that will contribute to the general well being of the neighborhood or community. The Project redevelops an underutilized parcel designated for commercial use, and assists in the elimination of physical and economic blighting conditions as found in the Otay neighborhood and within the Montgomery community, and will provide necessary services that are consistent with the goals and objectives of the Montgomery Specific Plan, and the Southwest Redevelopment Plan and Implementation Plan. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed development will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The design of the customer area and car wash with accompanying auto detail area will conform to the design manual guidelines for commercial developments. Per the Montgomery Specific Plan, a complete 15-ft. wide landscape setback will be provided along Third Avenue (arterial thoroughfares) and along Montgomery Street (residential collectors). Landscaping and a screening wall will also be provided along the rear property line adjacent to the existing apartment building to provide noise attenuation and to minimize visual impacts. The driveway access for the car wash will be limited to one exclusive entrance driveway and one exclusive exit driveway along the frontage of Third Avenue. All car wash stacking will be conducted on-site. The employee parking spaces will be accessed from .-..'.------------------- Resolution No. 1783 Page 4 the existing dedicated alley, satisfactorily minimizing overall circulation conflicts onto public right-of-ways and dedicated alleys. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed development conforms to the zoning restrictions and development standards and is consistent with the regulations of the CCP zone and the Montgomery Specific Plan, and is in conformance with the Southwest Redevelopment Plan and Implementation Plan. The construction of a car wash center has been analyzed within the environmental document and determined to be a less than significant. 4. That the granting of this Special Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The proposed development is consistent with the General Plan land use designation of Central Commercial with a Precise Plan, and the goals and objectives of the Land Use Element regarding commercial development, which identifies automobile-oriented services in conjunction with other central commercial uses in the vicinity and the Southwest Redevelopment Plan. F. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Use Permit SUPS-01-05 subject to the fOllowing conditions whereby the Applicant and/or property owner shall: 1. Prior to the issuance of any of the following permits required by the City of Chula Vista for the development of the subject property in reliance on this approval, the Applicant shall satisfy the following requirements: Planning and Building Department Conditions: a. Provide revised plans and elevations incorporating all conditions of approval. The revised plans and elevations shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permit. b. Provide planting and irrigation plans incorporating all conditions of approval. The planting and irrigation plans shall be revised in conformance with a revised conceptuallandsca pe plan, subject to review and approval by the Landscape Planner prior to issuance of building permit. c. A water management plan shall be provided in conjunction with the conceptual landscape plan for review and approval by the Landscape Planner prior to issuance of building permit. Resolution No. 1783 Page 5 d. A fencing plan shall be provided indicating all perimeter fencing to be provided. The fencing plan shall be incorporated with the planting and irrigation plans and submitted for review and approval by the Landscape Planner prior to the issuance of building permit. The fence on the west property line shall connect to the southwest corner of the wing wall. e. Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.020 of the Municipal Code. A lighting plan shall be provided prior to the issuance of building permit that includes details showing that the proposed lighting shall be shielded to remove any glare from adjacent properties, and shall be reviewed and approved to the satisfaction of the Planning and Building Director. f. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. g. All building permit plans shall be reviewed for conformance with this Special use Permit. Building Plans shall comply with 1998 Building, Mechanical, Plumbing, and National Electrical Code article 500. Building shall comply with handicapped accessibility requirements and 2001 Title 24 energy requirements. Show fire rated walls on plans. If the car wash wall is adjacent to the property line it must be a one- hour fire rated wall. No wall openings shall be permitted if less than 5-ft. unless fire protected. Fire protection is required if less than 10-ft. separation. Adjust the building occupancy type from "M" occupancy for the office to "S3" for the lube and car wash (areas with cars inside). Firewall separation is required between differing types of occupancy for construction. Provide ladder as a secondary exit from the lube pit area. h. A separate building permit shall be required for the wall sign permits. All proposed signage shall be submitted to the Planning Division for review prior to the application for the building permit for conformance with Design Review Committee considerations. The wall sign permit application shall include scaled plans ensuring that the channel letters for both the "Shell Rapid Lube" and "Lightning Auto Center" consist of similar font style and size, in addition to the proposed logos. Environmental Section (Mitigation Monitoring) Conditions: j. The Applicant shall contract with an environmental consultant certified by the State of California to conduct testing for the presence of asbestos in buildings to be demolished prior to the issuance of building permit. A report shall be submitted to the City of Chula Vista Planning and Building Department that identifies whether or not asbestos is present. If required, a remedial work plan for the removal and disposal of asbestos shall be submitted for review and approval by the City of Chula Vista Planning and Building Department and San Diego County Air Pollution Control District. Resolution No. 1783 Page 6 k. Prior to demolition activities, the Applicant shall conduct a lead-based paint survey and shall submit the results to the Planning and Building Department. If the presence of lead-based paint is confirmed on any structure scheduled for demolition, an environmental consultant certified by the State of California shall remove it. The Applicant shall be responsible for obtaining all the required permits from all affected state and local and regulatory agencies including, but not limited to, the Air Pollution Control District, and shall provide proof to the Planning and Building Department of having obtained said permits prior to the issuance of any building permit. I. The Applicant shall obtain an Industrial User Discharge Permit from the County of San Diego Industrial Wastewater Control Program and comply with all conditions contained in any permit issued prior to the issuance of a building permit. m. The Applicant shall be responsible for obtaining all required permits related to hazardous materials from state and local regulatory agencies, including the San Diego County Department of Environmental Health, and shall provide proof of having obtained such permits to the Planning and Building Department prior to issuance of a building permit. n. Applicant shall comply with all mitigation measures contained within Mitigated Negative Declaration IS-01-38. Resource Recycling and Conservation Coordinator Conditions: o. Applicant shall have the proposed trash enclosure, including proposed bins or carts approved to the design specifications of the Recycling and Conservation Coordinator prior to the issuance of building permit. The locations and orientation of storage bins and dumpsters shall also be pre-approved by the City franchise trash hauling company. Trash enclosure shall provide sufficient space for designated recyclables as determined by the Recycling and Conservation Coordinator. The Recycling and Conservation Coordinator may permit a shared paper/cardboard bin, along with food and beverage container cart with other storage. A commercial trash enclosure large enough for solid waste, mixed paper, and a cart for food and beverage containers must be provided to meet the minimum 50 percent recycling requirement. Contact the City Conservation Coordinator at (619) 691-5122 prior to the issuance of building permit. Fire Department Conditions: p. Obtain all necessary penmits from the Fire Department. Applicant shall obtain a permit for storage and use of hazardous materials. Provide a fire extinguisher per 3,000-sq. ft. or every 75-ft. of travel distance, with a minimum rating of 2A-10BC, or the building must include a fire sprinkler system. A fire alarm is needed and must be approved by the Fire Marshall prior to installation. Fire hydrants must be available within 300-ft., or a fire hydrant will be required at the time of construction. A one-way check valve between the post indicator valve and the Fire Department connection is required at the time of construction. Resolution No. 1783 Page 7 Public Worns Department Conditions: q. All requirements of the Public Works Department shall be met prior to issuance of the building permit. Applicant shaH guarantee, by mechanisms to be determined by the City Engineer, and install all missing street improvements along Third Avenue, Montgomery Street, and the dedicated alley, including the two driveway approaches per Chula Vista Construction Standard No.1, and installation of new curb, gutter and sidewalk at 32-ft. from centerline and installation of curb return with handicap ramp on Third Avenue to match existing sidewalk improvements on Montgomery Street. Right- of-way dedication along Third Avenue will be required 42-ft. from centerline. Handicap ramps are required at curb openings if alley type driveway openings are proposed. Installation of 100-watt street light standard on Montgomery Street, including conduits traffic signal puH box, and relocation of existing street light standard on Third Avenue. Applicant shall submit a striping plan, which shall match existing striping for street improvements prior to the issuance of building permit. r. The City Engineer shall approve all directional signage and striping at the time of construction. Due to traffic conflicts that may be imposed by left turn movements from northbound Third Avenue, a 4-ft. wide raised median shall be installed to eliminate left turns beyond the intersection of Montgomery Street into the facility, and shall be accomplished to the satisfaction of the City Engineer prior to the issuance of building permit. s. Applicant shall pay all required fees, including, but not limited to fees for sewer capacity and connections, development impact for public facilities, and traffic signal fees as defined in the development checklist as part of the building permit application. t. Applicant shall provide a sewage generation study/analysis showing the flow to be generated by the project and determining the adequacy of existing infrastructure, or the need to upgrade the existing infrastructure to accommodate the proposed deveiopment prior to issuance of building permit. u. The Applicant shall submit plans for car wash water recycling at the time of the submittal for grading and improvement plans. Storm drain inlets shall be protected at all times during the demolition of existing buildings, and construction of the new buildings and improvements v. The grading aJld improvement plans shall include temporary and permanent erosion control and pollution prevention components, as well as all drainage facilities. A geo- technical/soils study shall be submitted and approved by the City Engineer prior to issuance of grading permit and prior to approval of improvement plans. w. Applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) permit for a high priority commercial facility, in conformance with the NPDES Municipal Permit Order No. 2001-01, and comply with the relevant requirements and conditions of the permit, including implementation of minimum Best Management Practices for Resolution No. 1783 Page 8 pollution prevention, and site inspections as needed. Contact the San Diego Regional Water Quality Control Board at (858) 467-2971 to insure compliance with the relevant laws and regulations. Police Department Conditions: x. The security lighting fixtures shall be low wattage bulbs. The lighting for the signage and interior nightlights shall be independently wired so that they can be independently used. This will aid in complying with the Governor's Executive Order D-19-01. y. The final site plan shall show a wrought-iron fence along the west property line between the apartment building and the car wash to provide better security in conformance with crime prevention unit specifications. z. The Applicant shall obtain a security survey from the Crime Prevention Unit of the Police Department prior to issuance of the building permit. The Applicant shall comply with all reasonable requirements of the Crime Prevention Unit related to access control, surveillance detection, and police response. In addition, training of management and employees in security procedures and crime prevention shall coincide with the commencement of operations. The Crime Prevention Unit should be contacted at (619) 691-5127 for more information. Other Agency Conditions: aa. Due to the proximity of the project to the Sweetwater Authority's ("Authority") existing and proposed demineralization facilities, the Authority is concerned about the use or storage of potentially hazardous chemicals that may be harmful to groundwater. The Applicant shall provide the Authority with the necessary information about the use or storage of potentially hazardous chemicals, and modify the site plan as required by the Authority prior to the issuance of a building permit. bb. The Authority will determine if there is a need for new or substantial alteration to the existing water systems available on site, as well as the availability of water for operational and fire protection purposes. The Applicant shall contact the Chula Vista Fire Department about the fire flow requirements for the proposed project site and then submit a letter to the Authority stating the Fire Department requirements. cc. The Applicant shall pay all applicable school fees for the Sweetwater Union High School District and the Chula Vista Elementary School District prior to issuance of the building permit. 2. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met: a. The site shall be developed and maintained in accordance with the approved pia ns which include site plans, architectural elevations, exterior materials and colors, Resolution No. 1783 Page 9 landscaping, sign program and grading on file in the Planning Division, the conditions contained herein, Title 19 of the Chula Vista Municipal Code, and the Montgomery Specific Plan. b. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Director of Planning and Building. c. All landscape and hardscape improvements shall be installed in accordance with the approved landscape plan and the comments of the City Landscape Planner. d. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. e. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. f. A fire flow of 3,000 gallons per minute for duration of three (3) hours must be provided. The back flow preventor shall be screened from view, and the Fire Department connection shall not be located with the back flow preventor. g. Best Management Practices (BMP's) according to the Engineering Department, shall be implemented during and after construction to prevent erosion and sedimentation in the downstream storm drain system. Applicant shall control short-term erosion to by installing a temporary de-silting and erosion control devices. These devices include de- silting basins, berms, hay bales, silt fences, dikes, and shoring. h. All unpaved construction areas shall be sprinkled with water or other acceptable dust control agents during dust-generating activities to reduce dust emissions. Additional watering or dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. i. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. j. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shall be enforced. k. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce re-suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry Resolution No. 1783 Page 10 weather. I. On-site stockpiles of excavated material shall be covered or watered. m. Disturbed areas shall be hydro seeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. n. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, construction equipment shall be equipped with pre-chamber diesel engines (or equivalent) together with proper maintenance. o. The northern driveway entrance shall be a minimum 40-ft. width and shall be striped for ingress only. The southern driveway exit shall be a minimum 30-ft. width and shall be striped for egress only. p. The Applicant shall install red curbing along the Third Avenue frontage to prevent on- street pa rki ng. q. The Special Use Permit approval shall expire if building permits are not issued or the approved use has not commenced within one year from the date of this approval, unless a written request for an extension is received prior to the expiration date. 3. The following on-going conditions shall apply to the subject property as long as it relies upon this approval. a. Approval of this request shall not waive compliance with any sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building penmit issuance. b. Buildings and landscaping shall be maintained according to the approved plans unless modifications are approved by the City of Chuia Vista. c. Fire lanes shall have an unobstructed width of not less than 20-ft. width and 13-1/2-ft. vertical clearance. d. The Applicant shall obtain a permit from the City of Chula Vista Fire Department for any repair work done on-site or for the storage of hazardous materials exceeding those listed in the California Fire Code 1998 (CFC 98). Petroleum spills shall be immediately reported to the Fire Department, and spilled petroleum removed from the site as directed by the Fire Department. e. This Special Use Permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be --_._-~_._---~-. - Resolution No. 1783 Page 11 reviewed by the City for additional conditions or revocation. f. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. g. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, Agency, Agency members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directiy or indirectly, from (a) City's approval and issuance of this special use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's construction. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this special use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditionai use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. h. Applicant shall be responsible for any and all relocation expenses related to the project. Applicant indemnifies, holds harmless, protects, and defends City from any and all relocation claims arising from or related to any action taken by the Agency, including the consideration, and/or approval of this Special Use Permit or related documents. i. Obtain an annual inspection of the auto detail center from the Fire Department. j. The Design Review Notice of Decision is subject to any and all additional conditions as required in the Special Use Permit to be approved by the Planning Commission and Redevelopment Agency. k. The Car Wash facility shall comply with Section 19.58.060 of the Zoning Code, meaning that all car wash equipment will be sufficiently soundproofed, the hours of operation shall be limited to 8:00 AM to 6:00 PM (summer) and 8:00 AM to 5:00 PM (winter), stacking will be limited to eleven (11) vehicles in front of the vacuum manifold for the car wash, and two (2) vehicles in the detail center, and site drainage will conform to required mitigation for sewer and storm water systems. I. The Automobile Service facility shall comply with Section 19.58.280 of the Zoning Code, meaning that automotive services to vehicles outside the automated car wash will be limited to the interior vehicle vacuum manifold area entering the car wash, the drying area located near the car wash exit, and the auto detail center adjacent to the customer Resolution No. 1783 Page 12 service area. In addition, no outside sales or display shall be allowed at the car wash facility. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego at the sole expense of the property owner and/or Applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Agency's secretary. Failure to return said document to the Agency's secretary shall indicate the property owners/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Agency's office and known as Document No. Resolution No. 1783. {p / / / / o;¿ Date ! &' /1- 07- Date H. ENVIRONMENTAL NOTICE The Redevelopment Agency directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency 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, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Resolution No. 1783 Page 13 Presented by: Approved as to form by: ~~)~/ Chris Salomone Community Development Director -_.._,_.._._--,-~----------,- Resolution No. 1783 Page 14 PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 4th day of June, 2002 by the following vote: AYES: Members Davis, Padilla, Rindone, Salas NOES: None ABSENT: Chair/Mayor Horton ABSTENTIONS: None Mu/ü//izbv¡ Shirley Hoibn Chairman ATTEST: ~~~ Chris Salomone Executive Secretary STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1783 and that the same has not been amended or repealed. Dated: June 5, 2002 ~~ Chris Saloinone Executive Secretary