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HomeMy WebLinkAboutReso 2005-036 RESOLUTION NO. 2005-036 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE 6.95 ACRES AT 1441 SANTA LUCIA ROAD INTO A ONE-LOT CONDOMINIUM TENTATIVE SUBDIVISION MAP CONTAINING 168 RESIDENTIAL UNITS 1. RECITALS WHEREAS, a duly verified application for a tentative subdivision map was filed on August 23, 2004, with the City of Chula Vista Planning and Building Department by the Lyon Otay Ranch LLC ("Applicant") requesting approval of a tentative subdivision map to convert 168 apartment units into individually owned 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 the Crossings at Otay Ranch Chula Vista Tract No. 05-08, and for the purpose of general description herein consists of 6.95 acres, located at 1441 Santa Lucia Road ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, On August 23, 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 168-unit apartment complex to 168 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 or recommendations for approval: I) Planning Commission recommendation of approval of PCS-05-08, tentative subdivision map for a 168-unit condominium conversion on January 12,2005; and 2) Zoning Administrator approval of DRC-05-13 subsequent to the City Council approval; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on January 12,2005, and after hearing staffs presentation and public testimony voted 4-0-0-2 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 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 Resolution 2005-036 Page 2 owners within 500-feet of the exterior boundary of the project and its mailing to the current tenants residing at 1441 Santa Lucia Road, 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 February I, 2005, 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 January 12, 2005, 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. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised its 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 1441 Santa Lucia Road, is in conformance with the elements of the City's General Plan, based on the following: 1. 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. 2. Circulation All on-site improvements exist or will be upgraded to serve the subdivision. All off-site public streets required to serve the subdivision currently exist. No street improvements are required. 3. Housing Resolution 2005-036 Page 3 The Project is consistent with the density prescribed within the General Plan and provides attached condominium units for individual ownership. The conversion of 168 apartment units to 168-condominium units creates additional opportunities for residential ownership. 4. Open Space The Project includes adequate, existing on-site open space areas as well as a swimming pool for resident use. 5. 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 with some minor alterations to roadway access surface treatments meets the City Threshold Standards for emergency services. B. The configuration, orientation and topography of the site allow 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 CONDOMINIUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUNICIPAL 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 has determined that the project as built in 2001 is in compliance with the Uniform Building Code. Since the project was built after 1995, a Physical Elements Report was not required and the project was found to be in substantial conformance with the requirements of the Building Code. C. Storage Space: Section 15.56.020 requires storage area for each unit. There are 66 one-bedroom units, 74 two-bedroom units, and 28 three-bedroom units, and each one, two or three bedroom unit is required to possess 150,200 or 250 cubic feet of storage area respectively. A total of 70 percent of the required storage shall be contiguous to the unit served. Of the total storage area provided, that which can be considered contiguous is located adjacent to patios, balconies or attached garages. There are 18 one-bedroom units with 62 cubic feet of storage, 48 one-bedroom and 62 two-bedroom units with 72 cubic feet of storage, 12 two-bedroom units Resolution 2005-036 Page 4 with 200 cubic feet of storage, and 28 three-bedroom units with 104 cubic feet of storage adjacent to a patio or balcony. The Applicant then proposes to provide 179 cubic feet of storage in the 104 attached single-car garages and 220 cubic feet in the 64 detached single-car garages utilizing cages above the rear wall and hanging storage along the side. Therefore, the amount of storage area and the location of the proposed storage for each unit do not meet the standards of CVMC Section 15.56.020 (C); however, Section 15.56.070 allows for exceptions to the storage requirements based upon overall project acceptability. In accordance with the recommendation of the Planning Commission, the City Council hereby finds that the merits of the project warrant the granting of exception to the project from the City's storage requirements based upon the City's desire to provide alternative entry-level homeowner opportunities in the project location, the project's overall conformance with the City's General Plan, ordinances, and policies, and its conformity with the average storage space requirements for a majority of the 168 units. The City Council further finds that good cause exists for granting an exception because this is a relatively new project with each unit having at least one walk-in closet and the two bedroom and three bedroom units having two walk-in closets. Strict compliance with Section 15.56.020 would require significant modifications to the units and would unduly raise the price of this housing that is inconsistent with the City's desire to provide cost effective housing. Staff also believes that an exception can be made because there is sufficient cubic storage space overall on average for a majority of the 168 units. D. Housing Code: The Project shall obtain building inspections for the installation of the overhead and side mounted garage storage units to ensure compliance with overhead and side clearance requirements as well as inspections of any interior remodeling requiring any alterations to the existing plumbing or electrical systems in compliance with building and fire codes prior to the close of escrow for the sale of each unit. E. Protective Lighting Standards: The Project will maintain the existing protective lighting standards. F. Off-street Parking: The Otay Ranch SPA One Plan Planned Community District Regulations requires 1.5, 2, or 2.25 parking spaces for one, two, and three-bedroom units respectively. Therefore, the Project requires a minimum 310 off-street parking spaces for the 168-unit complex consisting of 66 one-bedroom, 74 two-bedroom and 28 three-bedroom units. The Project provides 314 off-street parking spaces with a minimum one single-car garage space per unit. There are 176 single-car garage spaces and 138 open parking spaces. G. Design Guidelines: The II three-story residential buildings, the clubhouse, and detached garage buildings will remain as originally approved by the Design Review Committee September 9, 1999 (DRC-99-65). The Applicant does not propose any exterior changes to the existing buildings (which were constructed in 2001), but will upgrade the general appearance of the complex with various cosmetic landscaping and paving improvements. There will also be standard and premium interior improvements to each of the individual units. Overhead and side mounted metal storage cages will be added to the garages. H. Separate Service Meters: Each unit is individually metered for gas and electric service. A Homeowners Association will be responsible for the water and sewer service utility meters that are common for units within the 11 residential buildings in conjunction with the common utility maintenance of the clubhouse, pool, and common open space areas. The Applicant shall provide written evidence how this will be satisfied. Resolution 2005-036 Page 5 1. Housing Department Compliance Survey: The Project obtained an apartment safety inspection on October 7, 2004 and the Applicant made the necessary repairs or corrections as noted in a letter of compliance dated November 15, 2004. J. Conditions, Covenants & Restrictions (CC&R's): The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with the Final Map. K. Common Open Space: The Otay Ranch SPA One Plan Planned Community District Regulations defers to Zoning Code Section 19.28.090, which requires 400 square-feet of common usable open space per one and two-bedroom unit, and 480 square-feet of common usable open space per three-bedroom unit, and the project provides 69,440 square-feet of common open space. 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 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. 05-08 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. 05-08, 1441 Santa Lucia Road. B. Design Consistency Any improvements made to the condominium units by the Applicant shall be in accordance with the Otay Ranch and City of Chula Vista Design Guidelines and in accordance with DRC-05-13 approval by the Zoning Administrator subsequent to the City Council approval. 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. PLANNING AND BUILDING Resolution 2005-036 Page 6 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 or its successors 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 January 12, 2005, and DRC-05-13 as approved by the Zoning Administrator. The Applicant or its successors 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 or its successors will continue to comply, remain in compliance, and implement the requirements of this tentative map and design review approval. 3. Applicant shall coordinate with the City of Chula Vista Planning and Housing Divisions and provide an informational meeting with current tenants presenting alternative rental housing opportunities and assistance in relocation in conj unction with the presentation of the schedule for the phasing of the conversiQn of the apartments to condominiums prior to final map approval. 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 - "Fonn C". b. 10-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 their right to purchase their unit - "Form F" - if the Department of Corporations' conditional public report is received before final map recordation. Otherwise, an informal notice stating the tenant's right to purchase shall be delivered to all existing tenants prior to final map recordation (Note: Delivery of an informal notice does not extinguish the duty to deliver the formal 90-day Notice. e. 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Form G". 5. 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 renovation plans and irrigation plans for the proposed changes to 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. Retain or upgrade the existing tot-lot and picnic areas. c. An updated water management plan if requested by the City Landscape Planner shall be provided in conjunction with the planting and irrigation plan. Resolution 2005-036 Page 7 6. The project shall meet current fire protection standards and shall maintain all existing fire protection facilities. 7. The Applicant shall include the party wall and floor/ceiling assembly as-built condition exhibits provided with the record building plans, and ensure that the details are certified by the Building Department to meet the Uniform Building Code standards prior to approval of the final map. 8. The Applicant shall ensure that the seven trash enclosures hold sufficient space to accommodate all necessary trash dumpsters and recycling bins. The enclosure spaces shall allow for hauler 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. 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 submit a copy of the contract with the City's franchise hauler to the Conservation Coordinator for review and approval prior to final map approval. 9. The Applicant shall install a minimum of 179 cubic-feet of storage area in the single car garage space for each unit with an attached garage and 220 cubic feet of storage area in the single car garage space for each unit with a detached garage. The remaining storage space shall be retained as located in the existing closet spaces adjacent to the patios or balconies in each unit. Storage space containers must be easily accessible and shall consist of cages in the back of the garages and hanging storage shelves on the sides of the garages above head height. The applicant shall obtain building inspections for the installation of the overhead and side mounted garage storage units to ensure compliance with overhead and side clearance requirements of the fire and building code prior to the close of escrow for the sale of each unit. Prior to approval of the final map for the Project, Applicant shall enter into a recorded agreement with the City of Chula Vista, wherein Applicant agrees to construct the storage areas required by this tentative map. The Applicant shall also be required to submit a bond or another form of financial assurance, approved by the City Attorney, to guarantee the storage area's construction. After all storage areas have been installed in compliance with state and local laws and the Applicant's construction plans, the bond or financial assurance shall be released. 10. All lighting shall meet the protective lighting standards of the Uniform Building Code. 11. The Project's interior upgrades may include replacing kitchen and bathroom hardware, flooring, counters, sinks, faucets, light fixtures, refrigerators, shower heads, etc. in accordance with the statement of proposed interior upgrades. Any interior remodeling requiring any alterations to the existing plumbing or electrical systems shall require a building inspection in compliance with building and fire codes prior to the close of escrow for the sale of each unit. Resolution 2005-036 Page 8 12. The Homeowners Association shall be responsible for shared utility services, including water and sewer, and the billing and payment of these utility costs. 13. Prior to final map approval, the Applicant shall submit an application to the Planning and Building Department for a compliance survey. If the survey identifies any deficiencies, the Applicant shall correct them prior to the close of escrow for the sale of each unit. 14. 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. 15. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. DRAINAGE 16. All onsite drainage facilities shall be private. SEWER 17. The onsite sewer system shall be private. All sewer laterals and onsite mains shall be privately maintained from each building and/or condo unit to the City maintained public sewer main within Santa Lucia Drive. 18. As part of the Department of Real Estate approval process, the Applicant shall 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 Conditions, Covenants & Restrictions (CC&R's). The City Engineer and Director of Public Works shall approve the provisions of the CC&R's regarding the onsite private sewer system. STORM WATER QUALITY MANAGEMENT 19. Obtain approval by the City Engineer and Public Works Director of the Water Quality Technical Report dated October II, 2004, or revisions thereto. 20. Prior to approval of the final map, install to the satisfaction of the Director of Public Works the onsite storm water quality best management practices treatment measures recommended in the approved Water Quality Technical Report. STREETS 21. Streets within the development shall be private. ACCESS TO PUBLIC STREET Resolution 2005-036 Page 9 22. The existing access driveway from Monarch Drive shall be reconstructed with a hard surface pavement to the satisfaction of the Fire Marshal and shall have a structural section designed to withstand H-20 loading. The applicant shall submit the design of the access paving and structural section to the City Engineer for approval. 23. The project CC&R's shall contain a provision that prohibits any control and/or barrier placed across the driveway to Monarche Drive unless a vote of on hundred (100) percent of the condominium owners approve said control and/or barrier. Furthermore, if the condominium owners elect to install such a control or barrier, then it shall incorporate a mechanical gate with a "Knox" override key switch and a "Opticom" strobe system, or other automated operating system and/or fail safe feature, all to the satisfaction of the Fire Marshal and Police Chief. Any barrier or control installed across the driveway without expressed written approval of both the Fire Marshal and Police Chief shall be subject to immediate removal by the City. CONDITIONS, COVENANTS, AND RESTRICTIONS (CC&Rs) 24. Submit CC&R's as approved by the City Attorney to the City Engineer and Director of Planning and Building for approval prior to approval of the final map. Said CC&R's shall include the following: The creation of a Homeowner's Association ("HOA"), 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. Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times. Language that indemnifies and holds harmless the City ftom any claims, demands, causes of action liability or loss, including claims arising from the maintenance activities of the HOA. The City's right to enforce CC&R's. 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 two million dollars ($2,000,000) combined single limit. The policy shall be acceptable to the City and name the City as additional insured. The City must approve any revisions to provisions of the CC&R's that may particularly affect the City. Furthermore, the HOA shall not seek approval from the City of said revisions without the prior consent of one hundred (100) percent of the holders of first mortgages and property owners - unless, the Director of Planning and Building waives this requirement. The HOA shall not seek to be released by the City of any maintenance obligations without the prior consent of the City and one hundred (100) percent of the holders of first mortgages and property owners - unless, the Director of Planning and Building waives this requirement. Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources into the storm water conveyance system. 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 Resolution 2005-036 Page 10 facilities of the property owners or HOA to be marked out whenever work is performed in the area. Said CC&R's shall be consistent with Chapter 18.44 of the subdivision ordinance, and shall be recorded concurrently with the final map. 25. Submit a HOA budget for review and approval by the City Engineer for the maintenance of private streets, storm drains, treatment measures and sewage systems. Said budget shall include the following maintenance activities: Streets must be sealed every 7 years and overlaid every 20 years. Sewers must be cleaned once a year with a contingency for emergencies. Red curbs / striping must be painted once every three years. Storm Water quality facilities inspected prior to and after every rain event and cleaned as necessary (twice a year minimum); media inserts replaced as recommended by the manufacturer; with a contingency for emergencies. The budget shall also include a monitoring program including sampling and preparation of an annual report, when required by the City. EASEMENTS 26. 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. Developer 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 27. Prior to approval of the final map the Applicant shall enter into an agreement wherein the Applicant agrees 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 Council or any approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. Hold the City harmless from any liability for erosion, siltation or increased flow of drainage resulting from this project and spillage of sewage generated by the project onto adjacent public or private streets or into offsite storm water conveyance systems. Ensure that all franchised cable television companies are permitted equal opportunity to place conduit and provide cable television service to each unit within the project. 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 Resolution 2005-036 Page II operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. Maintain storm water quality treatment measures in accordance with an approved maintenance and inspection plan. Implement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report. MISCELLANEOUS 28. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 29. Submit copies of the 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 on 3 Y2 HD floppy disk 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 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 es D. Sandoval ing and Building Director Q~ Ann Moore City Attorney Resolution 2005-036 Page 12 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 1st day of February, 2005, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: M-jJL -~ Å.CuJ~~.j ~ Susan Bigelow, MMC, City lerk 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. 2005-036 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1st day of February, 2005. Executed this 1st day of February, 2005. "-~J l~~ ~ 1>- Susan Bigelow, MMC, City C k -