HomeMy WebLinkAboutReso 2005-1282006-0479850
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Recording requested
by:
City of Chula Vista
JUL 07.2006 10'01 AM
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After recording
return to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
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This space for Recorder's use only
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RESOLUTION NO. 2005-128
DOCllIMnt Tith
RESOLUTION NO. 2005-128
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DIVIDE 2.04
ACRES LOCATED AT 1655 SYCAMORE DRIVE INTO 10
SINGLE-F AMIL Y RESIDENTIAL LOTS
1. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, on June 18,2004, a duly verified application was filed with the City
of Chula Vista Planning and Building Department by the Norton Construction Company
("Applicant") requesting approval of a tentative subdivision map to subdivide 2.04 acres
into 10 single-family residential lots ("Project"); and
B. Project Site
WHEREAS, the area of land commonly known as Sycamore Estates Tentative
Subdivision Map (PCS-04-09), Chula Vista Tract No. 04-09, which is the subject matter
of this resolution, and is diagrammatically represented in Exhibit "A", attached hereto
and incorporated herein by this reference, and for the purpose of general description
herein consists of 2.04 acres located at 1655 Sycamore Drive, located within the
Residential Low-Medium Designation (3-6 dwelling units per acre) of the General Plan
and Montgomery Specific Plan, and the Residential Single-Family (R-I-7) zone,
consisting of APN 624-032-14, 47 and 48, ("Project Site"); and
C. Environmental Determination
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
Project for compliance with the California Environmental Quality Act (CEQA) and has
conducted an Initial Study, IS-04-034 in accordance with CEQA.
WHEREAS, based on the results of the Initial Study, the Environmental Review
Coordinator has determined that there is no substantial evidence, in light of the whole
record before the City of Chula Vista, that the proposed Project may have a significant
effect on the environment; therefore, the Environmental Review Coordinator has
prepared a Negative Declaration, IS-04-034.
WHEREAS, on February 21, 2005, the Resource Conservation Commission
determined that Initial Study IS-04-034 for the Project was adequate, and recommended
adoption of the Negative Declaration, 1S-04-034. Furthermore, on April 6, 2005, the
Planning Commission also recommended adoption of Negative Declaration.
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on April 6, 2005, and after hearing staff's presentation and public testimony voted
to recommend that the City Council approve the Project, in accordance with the findings
and subject to the conditions listed below; and
Resolution 2005-128
Page 2
E. City Council Record on 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 owners within 500 feet of the exterior boundary of the Project, 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 April 19, 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 April 6, 2005, and the minutes and resolution resulting
therefrom, are hereby incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT
JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and concurs with
the Planning Commission, Resource Conservation Commission, and Environmental Review
Coordinator's determination that Negative Declaration (IS-04-034), in the form presented, has
been prepared in accordance with requirements of the California Environmental Quality Act
(CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of
Chula Vista and is hereby approved.
IV. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the
City Council finds that the tentative subdivision map, as conditioned herein for 1655 Sycamore
Drive, is in conformance with the elements of the City's General Plan, based on the following:
1. Land Use
The General Plan and Montgomery Specific Plan land use designation is
Low-Medium Residential (3-6 dwelling units per acre). The proposed 10-lot
subdivision will be developed at a density of 5 dwelling units per acre, which is
within the allowable density and permitted number of dwelling units.
2. Circulation
All of the on-site and off-site public streets required to serve the
subdivision already exist or will be constructed or paid for by the Applicant in
accordance with the Conditions of Approval. The public streets within the Project
will be designed in accordance with the City design standards and/or requirements
and provide for vehicular and pedestrian connections
Resolution 2005-128
Page 3
3. Public Facilities
The Project has been conditioned to ensure that all necessary public
facilities and services will be available to serve the Project concurrent with the
demand for those services. There are no public service, facility, or phasing needs
created by the Project that warrants the preparation of a Public Facilities
Financing Plan, therefore this requirement is waived.
4. Housing
The Project is consistent with the density prescribed within the Residential
Low-Medium General Plan designation, and provides additional opportunities for
single-family residential home ownership.
5. Growth Management
The Project proposes 10 lots, which is less than the 50 unit minimum
requirement necessary to require compliance with applicable Growth
Management Element requirements.
6. Open Space and Conservation
The Environmental Review Coordinator has prepared a Negative
Declaration, IS-04-034, which addressed the goals and policies of the
Conservation Element and found the development of the site to be consistent with
the goals and policies ofthe Conservation Element.
7. Parks and Recreation
The Project includes adequate areas for on-site, privately-maintained open
space to serve each dwelling unit, and has been conditioned to pay park
acquisition and development fees prior to recordation of the Final Map.
8. Safety
The City Engineer, Fire and Police Departments have reviewed the
proposed subdivision for conformance with City safety policies and have
determined that the proposal meets those standards.
9. Noise
The Project has been reviewed for compliance with the Noise Element and
will comply with applicable noise measures at the time of issuance of the building
permit. The Project has been conditioned to require that all dwelling units be
designed to preclude interior noise levels over 45 dBA and exterior noise
exposure over 65 dBA for all outside private yard areas.
10. Scenic Highway
This Project Site is not located adjacent to or visible fÌom a designated
scenic highway.
Resolution 2005-128
Page 4
II. Seismic Safety
The Project site is not within a mapped earthquake fault zone, and there
are no known or suspected seismic hazards associated with the Project.
Conditions of approval have been included which require that a soils report and
geo-technical study be prepared in conjunction with grading plans.
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of
lots for natural and passive heating and cooling opportunities and that the development of
the site will be subject to site plan and architectural review to insure the maximum
utilization of natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the
Council certifies that it has considered the effect of this approval on the housing needs of
the region and has balanced those needs against the public service needs of the residents
of the City and the available fiscal and environmental resources.
D. The site is physically suited for residential development because it is graded, level
and is presently utilized for residential development. The Project conforms to all
standards established by the City for a residential development.
E. 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.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
V. GENERAL CONDITIONS OF APPROVAL
A. Project Site is Improved with Project
The Applicant, or his/her successors in interest, shall improve the Project Site
with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No.
04-09,1655 Sycamore Drive.
VI. SPECIAL CONDITIONS OF APPROVAL
A. 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 by the Applicant or
successor-in-interest to the City's satisfaction prior to approval of the Final Map, unless
otherwise specified:
GENERAL! PLANNING AND BUILDING
I. 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.
Resolution 2005-128
Page 5
2. Applicant and his/her successors in interest 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 March 23,2005. 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 and his/her successors in interest will continue to
comply, remain in compliance, and implement such plans.
3. Any and all agreements that the Applicant is required to enter into
hereunder shall be in a form approved by the City Attorney.
4. Design and construct all street improvements in accordance with Chula
Vista Design Standards, Chula Vista Street standards, and the Chula Vista
Subdivision Manual unless otherwise approved by the City Engineer. Where
proposed street improvements do not meet City standards, the Project engineer
shall submit a written signed and stamped request to deviate fÌom City standards
and that the deviation shall not reduce public safety and the deviation conforms to
common engineering practices and standards.
5. Obtain City Engineer approval of detailed improvement plans prepared by
a registered Civil Engineer licensed in the State of California detailing horizontal
and vertical alignment of said streets. Transitions shall be designed to meet
existing improvements in Sycamore Drive and Spruce Road to the satisfaction of
the City Engineer. Said improvements shall include, but not be limited to, asphalt
concrete pavement and base, concrete curb, gutter, sidewalk, driveways, street
name signs, sewer and water utilities, drainage facilities, streetlights, and fire
hydrants. Existing sewer lines to be abandoned shall be removed from the ground
and disposed. Realignment design of the existing sewer system shall be to the
satisfaction ofthe City Engineer.
6. All improvements set forth in Conditions A.4 and A.5 shall extend to the
limits of Sycamore Drive realignment work as determined by the City Engineer
and include driveways and associated grading and landscaping work to the
adjacent residents affected by the realignment.
7. Guarantee prior to approval of the Final Map the construction of public
street improvements deemed necessary to provide service to the subject
subdivision in accordance with City standards.
8. Present written verification to the City Engineer from the
California-American Water Company that the subdivision will be provided
adequate water service and long-term water storage facilities.
9. Provide evidence to the satisfaction of the City Engineer of ties to
established survey monuments to the proposed street centerlines prior to issuance
of any grading or construction permits or approval of the Final Map.
10. A conceptual landscape plan for the landscape parkway street planting and
all slopes shall be prepared by a registered Landscape Architect per the City's
Resolution 2005-128
Page 6
Landscape Manual, City Grading Ordinance and Subdivision Manual. This
conceptual plan shall be provided prior to the grading permit submittal and
approved by the Director of Building and Planning or his/her designee.
II. Detailed street tree and Landscape Erosion Control Plans for the Project
shall be submitted concurrent with grading plan submittal and approved prior to
approval of the Grading Permit by the Director of Building and Planning or
designee. Plans shall be prepared by a registered Landscape Architect pursuant to
the City's Landscape Manual, City Grading Ordinance and Subdivision Manual.
12. Submit a revised tentative map showing all existing structures,
improvements and grading for adjacent properties within 100 feet of the
subdivision boundary, location of one fire hydrant in the vicinity of the Spruce
Road and Sycamore Drive intersection, estimated quantities of cut and fill, public
street cross-section, and updated legal description, to the satisfaction of the
Director of Planning and Building and the City Engineer.
13. Obtain a demolition permit fÌom the Building Division and remove all
existing structures prior to approval of the Final Map.
14. Prior to recordation of the Final Map, obtain consent of property owner to
remove building, and obtain approval of a demolition permit from the Building
Division for the structure located at 1610 Sycamore Drive.
GRADING/DRAINAGE/NPDES
15. Submit and obtain approval by the City Engineer of grading plans
prepared by a registered Civil Engineer. All grading and pad elevations shall be
within 2 feet of the grades and elevations shown on the approved tentative map or
as otherwise approved by the City Engineer and Planning Director. Grading and
improvement plans shall be based on NA VD88 vertical datum. All offsite
grading and construction shall require signed and notarized letters of permission
fÌom the affected property owners.
16. Design all lot grading so that lot lines are located at the top of slopes. This
may require the use of retaining walls along some lot lines, subject to height
limitations of the zoning ordinance. Deviation from this standard may be
approved by the City Engineer upon submittal of grading plans together with an
explanation by the Project Engineer why the standard cannot be met.
17. Submit and obtain approval by the City Engineer for an erosion and
sedimentation control plan as part of grading plans.
18. Show the location of cut/fill lines based on existing topography on grading
plans.
19. Submit a list of proposed lots indicating whether the structure will be
located on fill, cut, or a transition between the two situations prior to approval of
the Final Map.
Resolution 2005-128
Page 7
20. Submit a detailed geo-technical report prepared and signed and stamped
by both a registered Civil Engineer and certified Engineering Geologist prior to
approval of grading plans and issuance of a grading permit.
21. Submit a precise drainage study prepared by a registered Civil Engineer
and approved by the City Engineer prior to issuance of a grading permit or other
development permit. Design of the drainage facilities shall consider existing
onsite and offsite drainage patterns. The drainage study shall show how
downstream properties and existing storm drain facilities are impacted. The
drainage study shall address pre-developed versus post-developed flows, address
downstream drainage facilities. The extent of the study shall be as the need for
detention of increased flows and shall demonstrate that any increased flows due to
the development shall not cause offsite erosion nor negatively impact existing
approved by the City Engineer.
22. All public storm drain facilities (storm drains collecting runoff from public
streets) shall be located within public drainage easements. The City Engineer
upon submittal of the grading plans shall determine minimum width of said
easements. Drainage easements shall not split lot lines. Onsite public drainage
easements shall be shown on the Final Map and any needed offsite public
drainage easements shall be obtained by separate instrument prior to approval of
grading plans. Stabilized vehicle and equipment access shall be provided to said
storm drain easements and facilities.
23. The Applicant's Project Engineer shall demonstrate that the proposed curb
outlet on Spruce Road shall not negatively impact the existing drainage pattern or
cause hazardous driving conditions due to increased storm flows in the street to
the satisfaction of the City Engineer.
24. The proposed Project is subject to NPDES General Construction Permit
requirements. Applicant shall any obtain permits and develop a Storm Water
Pollution Prevention Plan (SWPPP) prior to the issuance of a Land Development
(Grading) Permit. The SWPPP shall include construction and post-construction
Best Management Practices (BMPs) for storm water pollution prevention, as well
as funding mechanisms for post-construction BMPs.
25. Upon submittal of the Project grading plans, the Applicant is required to
complete the applicable forms required by the City of Chula Vista's Development
and Redevelopment Storm Water Management Requirements Manual, and
comply with the manual's requirements.
26. According to the NPDES Municipal Permit, Order No. 2001-01, this
Project is considered a Priority Development Project, and therefore is subject to
the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMPs)
and Numeric Sizing Criteria.
27. 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.
Resolution 2005-128
Page 8
28. Trucks hauling dirt and debris shall be properly covered to reduce
windblown dust and spills.
29. A twenty miles per hour (20 mph) speed limit on unpaved surfaces in
connection with the Project shall be enforced.
30. 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 weather.
31. On-site stockpiles of excavated materials shall be covered or watered.
32. Disturbed areas shall be hydro-seeded, landscaped, or developed as
directed by the City, to reduce dust generation.
33. 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 and operation to reduce
emissions of nitrogen oxide, to the extent available and feasible.
34. Remit to City Parkland Acquisition and Development (PAD) fees of
$87,710 for 10 single-family residential lots, pursuant to Chapter 17.10 of the
Municipal Code. This fee shall be re-calculated prior to approval of the Final
Map and may be subject to change.
SEWER
35. All proposed public sewer lines shall be located within a 15-foot wide
public sewer easement. Developer shall be responsible for obtaining any needed
offsite sewer easements. Onsite public sewer easements shall be shown on the
Final Map and any needed offsite public sewer easements shall be obtained by
separate instrument prior to approval of the improvement plans.
36. Provide paved access to all proposed sewer manholes and existing sewer
manholes within the subdivision. Sewer access roads shall be a minimum width
of 12 feet within the 15- foot wide sewer easements. All paved access shall be
designed based upon a Traffic Index (TI) of 5.0.
STREETS
37. Provide a total of three 100-watt street lights on concrete standards. Two
shall be located on Sycamore Drive and one on Spruce Road. Street light
locations shall be approved by the City Traffic Engineer.
38. Transitions to existing street improvements along Sycamore Drive and
Spruce Road shall include but not be limited to, asphalt berms, asphalt sidewalk
ramps and asphalt pavement needed to feather into existing pavement as required
by the City Engineer. Street cross sections at 50-foot intervals shall be submitted
with the improvement plans for all widened street segments.
--_.._-~--~--_..--"_.~----
Resolution 2005-128
Page 9
EASEMENTS
39. Dedicate additional right-of-way for all public streets adjacent to the
development to residential street standards, including any right-of-way required
for offsite transitions to existing improvements.
40. Grant to the City a 5.5-foot wide street tree planting and maintenance
easement along all public streets within the subdivision as shown on the tentative
map.
AGREEMENTS
41. Applicant and his/her successors in interest agree to defend, indemnify
and hold harmless the City and its agents, officers, and employees, ITOm 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.
42. Applicant and his/her successors in interest agree to hold the City
harmless ITom any liability for erosion, siltation, increase flow of drainage, or
spillage of sewage resulting from this Project, now and in the future.
43. Applicant and his/her successors in interest agree to ensure that all
ITanchised cable television companies ("Cable Company") are permitted 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 ITanchise 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.
44. Pay in full any unpaid balance for the Tentative Map Deposit Account No.
DQ-I076 and Project Account No. CA296.
45. Applicant shall enter into separate agreements with the Sweetwater Union
High School District and Chula Vista Elementary School District regarding
annexation into Community Facilities District No. 10, or pay school fees as
required by State Law, to the satisfaction of the above school districts prior to
issuance of the first building permit for the Project.
Resolution 2005-128
Page 10
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46. Tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
47. Submit copies of the Final Map and improvement plan 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 12 HD floppy disk prior to the
approval of the Final Map.
48. Driveway dimensions shall include the width of the driveway flares.
Driveways shall comply with the City of Chula Vista driveway standards per
CVCS 1.
49. Comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista Subdivision
Ordinance and Subdivision Manual.
B. The following Conditions of Approval shall be satisfied prior to issuance of the
first building permit for the Project, unless otherwise noted:
I. Install fire hydrants as determined by the City Fire Marshall. Said hydrant
locations shall be shown on the improvement plans.
2. Submit plans and information to the satisfaction of the Chula Vista Fire
Department that the Project meets the Chula Vista Fire and California Fire Code
requirements, including but not limited to fire access, water supply, sprinkler
systems, and fire alarms.
3. Obtain approval of street addresses to the satisfaction of the Director of
Planning and Building.
4. Design all dwelling units to preclude interior noise levels over 45dBA and
exterior noise exposure over 65 dBA for all outside private yard areas.
...---._.-----_.~-- -
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Resolution 2005-128
Page II
5. Prior to installation of any water system improvements, submit one
hundred percent (100%) design plans to the California American Water District
for review and approval.
6. Dedicate at no cost to the California American Water District the water
main, fire hydrants and water services for lots 4-10 after the Applicant has
installed these facilities to the District's satisfaction.
7. Have the California American Water District install the water service for
Lots I, 2 and 3 by connecting to the existing water main (at Applicant expense).
8. Pay all costs to abandon the existing unused utilities and to relocate
existing utilities in conflict with this Project. The Applicant shall also reconnect
the plumbing of these existing customers to the relocated services. The Applicant
shall be responsible to survey, describe and record any easements needed for
private consumer lines associated with utilities.
9. Submit a detailed wall/fencing plan indicating color, materials, height and
location of fÌeestanding walls, retaining walls, and fences to the Director of
Planning and Building for approval prior to issuance of the first building permit.
The wall plan shall also include details such as accurate dimensions, complete
cross-sections showing required walls, adjacent grading, landscaping,
road/trail/sidewalk improvements, and the location of typical residential
structures. Materials and color used shall be compatible and all walls located in
corner side-yards or rear yards facing public or private streets or pedestrian
connections shall be constructed of a decorative masonry and/or wrought iron
material. Any combination fÌee standing/retaining walls shall not exceed nine (9)
feet in height. The Applicant shall submit a detail and/or cross-section of the
maximum/minimum conditions for all "combination walls," which include
retaining and fÌee standing walls, as part of said wall plan.
10. Process the vacation of the excess right-of-way on Sycamore Drive due to
the realignment of the cul-de-sac. The excess right-of-way vacation shall include
preparation of legal descriptions and grant deeds reflecting the revised property
boundaries to the offsite parcels affected by the vacation deemed necessary by the
City. Said vacation process shall require a separate approval by City Council
resolution and shall be accomplished within 60 days of City's acceptance of
public street improvements.
11. Prepare and obtain approval fÌom the City's Conservation Coordinator a
"Recycling and Solid Waste Management Plan". 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. The plan
shall incorporate any trash enclosure re-design required for compliance with the
City's NPDES permit.
VII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
Resolution 2005-128
Page 12
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 Recorder of the County of San Diego, at the sole expense of the
property owner and the Applicant, and a signed, stamped copy of this recorded document within
ten days of recordation to the City Clerk shall indicate the property owner and 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 City Clerk's
Office.
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é'O~QlJENCE OF F AlLU~ 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.
IX. 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.
Resolution 2005-128
Page 13
Presented by
Approved as to form by
Ú Î1~A~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of April, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
McCann
ATTEST:
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Susan Bigelow, MMC, City Cl k
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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. 2005-128 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of April, 2005.
Executed this 19th day of April, 2005.
<~-;w Ó--L- ~'~ d n---J
Susan Bigelow, MMC, City Cler
RESOLUTION 2005-128
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Norton Construction PROJECT DESCRIFTlON:
C) APPLICANT: Sycamore Estates SUBDIVISION
PROJECT Sycamore Dr. & Spruce Rd. Request Proposal to develop tt single family dwellings on 2.04
ADDRESS:
acres in the R1 P7 zone.
SCALE: FILE NUMBER:
NORTH No Scale PCS-04-09 Related cases: IS-Q4-{J34
J:\planning\carlos\locatars\pcs0409.cdr 07.13.04
f;Y-I-1Iß \ I A