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HomeMy WebLinkAboutReso 2006-207 e e e RESOLUTION NO. 2006-207 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION MAP TO DIVIDE INTEREST IN 7.95 ACRES AT 1301 MEDICAL CENTER DRIVE FOR A ONE-LOT CONDOMINIUM PROJECT CONTAINING 156 RESIDENTIAL UNITS I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on July 19, 2005, with the City of Chula Vista Planning and Building Department by Mark Gosselin Trust (Applicant) requesting approval of a Tentative Subdivision Map to convert 156 apartment units into individually owned condominiums (Project); and B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", attached hereto, and incorporated herein by reference, and commonly known as Chula Vista Tract No. 06-01, Tentative Subdivision Map, and for the purpose of general description herein consists of 7.95 acres located at 1301 Medical Center Drive (Project Site); and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: I) Sunbow Sectional Planning Area Plan; 2) Sunbow Tentative Map; and 3) Design Review for original project; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 31, 2006, and after hearing staff's presentation and public testimony voted 4-0-1-0 to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 1301 Medical Center Drive, at least 10 days prior to the hearing; and Resolution No. 2006-207 Page 2 WHEREAS, the duly called and noticed public hearing on the Project was held before the ~ City Council of the City of Chula Vista on July 11, 2006, in the Council Chambers in City Hall, Chula Vista Civic Center, 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 of the City of Chula Vista 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 May 31, 2006, and the minutes and Resolution resulting there from, are hereby incorporated into the record ofthis proceeding. III. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Project qualifies for a Class 1 (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 1301 Medical Center Drive, 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 Residential Medium High (11 - 18 dwelling units/acre) and is located within the Sunhow II Section Planning Area (SPA), where it is designated RM Residential Multifamily Under the Sunbow II SPA, the project site is designated for 160 dwelling units; therefore, the Project, as conditioned, is in substantial compliance with the adopted General Plan. 2. Circulation All off-site streets required to serve the subdivision currently exist. No street improvements are required. ......... e e e Resolution No. 2006-207 Page 3 3. Housing The Project is consistent with the density prescribed within the Sunbow Villas II Sectional Planning Area (SPA) Plan and provides attached condominium units for individual ownership. The conversion of 156 apartment units to 156 condominium units creates additional opportunities for residential ownership. 4. Open Space The Project includes adequate, existing on-site open space areas in the form of private open space for each unit (patio or balcony) as well as landscaped common open space areas and a 3,300 sq.ft. community clubhouse (including a meeting facility, fitness center, business center, and kitchen), a swimming pool, BBQ areas, and playground for residents' use. 5 Safety The City Engineer, Fire and Police Departments have reviewed the proposed subdivision of existing apartments to condominiums for conformance with City safety policies and have determined that the proposal meets the City Standards for seismic safety and 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 CONDOMINUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUlCIPAL 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 City Council concurs with the Fire Marshall determination that the project as conditioned will be in substantial conformance with current fire protection standards. B. Uniform Building Code: City Council concurs with the Building Division of the Planning and Building Department's determination that the original building permits issued by the City ofChula Vista in 2001 for the existing project adequately addresses compliance with the Building Code for the existing construction. Resolution No. 2006-207 Page 4 C. Storage: Section 15.56.020 requires mlmmum storage area for each unit. The City Council finds that the merits of this project compensate for the minor shortfall of storage space in 48 of the units (where 90 - 95% of the storage requirement is provided); that the project meets the overall qualities desired by the City in its condominium housing product; that it will provide high quality for-sale multi-family units desirable to the public; and that those units not providing 100 percent of the storage requirement shall change out the existing hot water heaters for tankless hot water units, thereby freeing up more of the exterior utility closet space for the required storage. ......... D. Housing Code: The Project will be required to comply with housing inspection requirements. E. Protective Lighting Standards: This project went through Design Review in September, 1999 as part of the original development application. All the original Design Review conditions regarding lighting were fulfilled to the satisfaction of the City, including conformance with Section 17.28.030 and 17.28.040 of the Municipal Code. F. Off-street parking: Per CYMC 19.62.050, l-BR units need 1.5 parking spaces, 2-BR units 2 parking spaces, and 3-BR units 2 parking spaces. The Project meets the parking requirement, providing a total 303 parking spaces, consisting of 35 parking stalls in garages, 68 carport stalls, and 200 open spaces. Eleven handicapped spaces are included in the total. G. Design Guidelines: Pursuant to the City's "Residential Condominium Conversions Procedural Guide & Requirements," it has been determined by the Zoning Administrator that since this project went through Design Review as part of the original development --.... application (DRC-99-61, approved September 7, 1999) and is not proposing any exterior building upgrades or modifications as part of the Tentative Map application, further Design Review is not required. All the original Design Review conditions were fulfilled to the satisfaction of the City and any other applicable agencies. H. Separate Service Meters: Each unit has individual electric and gas meters. A Homeowners Association will be responsible for the payment of fees for water and sewer service. The Applicant shall provide CC&Rs prior to final map approval showing how this will be satisfied. I. Housing Department Compliance Survey" The Project has completed a housing inspection, and will be required to perform any corrections listed in the Apartment Inspection Report prior to final inspection of a Condominium unit. J CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with the Final Map. K. Open Space: CYMe Section 19.28.090 requires 480 square feet of common usable open space per 3-bedroom unit, and 400 square feet per 2-bedroom or I-bedroom unit; therefore, the project must provide a minimum of 64,800 square feet of open space. This project provides 80,000 SF of open space, an excess of 15,200 SF, thus satisfYing the CVMC. ......... e e e Resolution No. 2006-207 Page 5 VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Govemment 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 hearings for the Project, and the Applicant has satisfied the requirements for a 60-day "Notice of Intent to Convert", and a "Notice to Prospective Tenants ofIntent to Convert at the time of submittal of the Tentative Map." BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision Map, Chula Vista Tract No. 06-01 as represented in Exhibit "C", attached hereto, and 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 his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 06-01, l301 Medical Center Drive. IX. 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: 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. 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 May 31, 2006. The Applicant shall enter into an agreement (Subdivision Improvement Agreement and Supplemental Subdivision Improvement 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 Applicant shall coordinate with the City of Chula Vista Planning and Community Development divisions to schedule a meeting with the current tenants to present alternative rental housing opportunities and assistance in relocation in conjunction with the presentation of the schedule for the phasing of the conversion of the apartments to condominiums. Resolution No. 2006-207 Page 6 4 The Applicant shall comply with all applicable notlcmg requirements set forth in -..... Government Code Section 66427 1 Applicant shall submit evidence to the Director of . Planning and Building that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants per Section 66427.1 of the Subdivision Act or a schedule detailing required future notifications: a. 1 a-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Department of Real Estate prior to Final Map approval). 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 option to purchase/termination of tenancy - "Form. F". e. 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Form G". 5 Submit plans and information to the satisfaction of the Fire Marshall that proposed condominium units meet current California Fire Code, including but not limited to fire access, water supply, sprinkler systems, and fire alarms. Any modification to the fire sprinkler or alarm system shall be submitted to the Chula Vista Fire Department for approval. 6. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. ~ 7. Applicant shall comply with the requirements of the City's approved "Recycling and Solid Waste Management Plan" to the satisfaction of the City's Conservation Coordinator. 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. 8. Units not providing 100 percent of the storage requirement shall change out the existing hot water heaters for tankless hot water units, thereby freeing up more of the exterior utility closet space for the required storage. Prior to approval of the Final Map, a revised floor plan for all units shall be submitted to staff showing the type, location, and total cubic feet provided for storage. The storage provided for each individual unit shall comply with Section 15.56.020 of the CVMC. DRAINAGEINPDES --.. 9 All onsite drainage facilities shall be private. e e e Resolution No. 2006-207 Page 7 10. Any private surface flows shall be treated prior to entering into a public right of way. If such treatment occurs in a street inlet then the Developer shall provide a funding mechanism for perpetual maintenance prior to the final map approval. II. Prior to the approval of the Final Map for the Project, Applicant shall enter into an agreement with the City of Chula Vista, wherein the Applicant agrees to the following: a. Comply with the requirements of the Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, and as amended from time to time, including revision of plans as necessary b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Applicant, any agent or employee, subcontractors, or others. The applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City c. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. 12. Applicant shall submit and obtain approval of a Water Quality Study and Technical Report and comply with all NPDES requirements. 13. The developer agrees to fully implement NPDES best management practices (BMPs) to reduce the amount of pollutants entering the city's storm water conveyance system, including but not limited to: a. The erection of signs near storm drain inlets and public access point along channels and creeks; installation of efficient irrigation systems and landscape design; employment of integrated pest management principles; and the creation and implementation of inspection and maintenance programs for structural treatment control BMPs and private sewer lines. b. Providing storm drain system stenciling and signage; more specifically' i. Provide and maintain stenciling or labeling near all storm drain inlets and catch basins. 11. Post and maintain City-approved signs with language and/or graphical icons that prohibit illegal dumping at public access points along channels and creeks. Resolution No. 2006-207 Page 8 c. Installing and using efficient irrigation systems and landscape design; more ......... specifically' 1. Employ rain shutoff devices to prevent irrigation after precipitation. ll. Adjust irrigation systems to each landscape area's specific water requirements. iii. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. IV Employing other comparable, equally effective, methods to reduce irrigation water runoff. d. Employing integrated pest management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: (1) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. e. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-storm water and pollutant discharge prohibitions. This goal can be achieved by distributing informative brochures (some available free from the City of Chula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. ......... SEWER 14 The onsite sewer system shall be private. All sewer laterals shall be privately maintained from each building and/or condominium unit to the City maintained public sewer main within Medical Center Drive. 15 The Developer/Owner 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 Covenants, Conditions & Restrictions (CC&Rs). The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite private sewer system. STREETS 16. Streets and driveways within the development shall be private. ......... e e e Resolution No. 2006-207 Page 9 17. Prior to the Final Map, the Developer/Owner shall secure and replace all driveways and pedestrian ramps within the right of way adjacent to the project to conform with the City's most recent adopted Americans with Disability Act standards and submit an engineering report demonstrating that the driveway along the project frontage is in compliance with the current ADA pedestrian access route requirements. Any work determined to be required shall be done under a Chula Vista construction permit using Chula Vista Construction Standard CVCS-lA for driveways. Driveway replacement shall be guaranteed prior to recordation of the Final Map. CC&RS 18. Submit Covenants, Conditions, and Restrictions (CC&Rs) as approved by the City Attorney to the City Engineer and Director of Planning and Building for approval prior to approval of the first Final Map. Said CC&Rs shall include the following: a. The creation of a Homeowner's Association (BOA), 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, fire sprinklers and alarm systems, paths, trails, access roads, drainage structures, water treatment facilities, recreational amenities and structures, landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain systems. b. Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times. c. A listing of all maintained private facilities. d. Language that indemnifies and holds harmless the City from any claims, demands, causes of action liability or loss, including claims arising from the maintenance activities of the HOA, including but not limited to private sewer spillage. e. The City's right but not the obligation to enforce CC&Rs. f. An insurance provision requiring the HOA to maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars ($1,000,000) combined single limit. The policy shall be acceptable to the City and name the City as additional insured. g. The City must approve any revisions to provisions of the CC&Rs 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 percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners- unless the Director of Planning and Building waives this requirement. h. The HOA shall not seek to be released by the City of any maintenance obligations without the prior written consent of the City and one-hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners - unless the Director of Planning and Building waives this requirement. Resolution No. 2006-207 Page 10 I. Implement an education and enforcement program to prevent the discharge of """" pollutants from all on-site sources into the storm water conveyance system. J. The HOA shall maintain, in perpetuity, membership in an advance notice service/system such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is performed in the area. k. The CC&Rs shall include NPDES proVISIOns for the perpetual and routine maintenance of structural BMPs, private sewer and storm drain facilities for the purpose of preventing and in such a manner as to prevent the discharge of non-storm water pollutants to the public storm water conveyance system. The CC&Rs shall include the requirement to maintain records for the past 10 years of BMP implementation, inspections, and maintenance activities. 1. Trash and Recycling program requirements shall be incorporated into the project CC&Rs to the satisfaction of the City's Conservation Coordinator. m. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. n. Fire service lateral and water supply to buildings, including on-site fire hydrants, must be maintained and operational at all times to the satisfaction of the Fire Marshal. ~ 19. Submit a Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets and drives, storm drains, and sewage systems. Said budget shall include the following maintenance activities: a. Street, drive, sewer, and storm drain maintenance. b. Water quality facility maintenance and inspection. EASEMENTS 20 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 provide all off-site sewer easements necessary for the site up to the right of way 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. ......., e Resolution No. 2006-207 Page II AGREEMENTS 21. Applicant shall enter into an agreement wherein the Applicant agrees to: a. Defend, indemnifY and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.3 7 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. b. 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. c. Maintain storm water quality treatment measures in accordance with an approved maintenance and inspection plan. d. Implement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report. MISCELLANEOUS 22. Payoff any unpaid balance for the 1301 Medical Center Drive Tentative Map Deposit account DQl238 and Project account CA313 e 23. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary prior to approval of each Final Map. Submit an apportionment form and provide a deposit as determined by and to the City to cover costs. (Engineering) e 24. Developer shall tie the boundary of the subdivision to the Califomia System-Zone VI (NAD '83). Developer shall 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 prior to the approval of the Final Map. Developer shall provide a digital copy of the fire plan for emergency access prior to the approval of the Final Map. 25. Applicant shall submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. 26. Applicant shall submit to the Fire Marshal and complete to his satisfaction the following: 1. Provide a proposed detail of an illuminated directory along the main entran.ce to the project site to the Chula Vista Fire Department for review and approval prior to construction and/or installation. Resolution No. 2006-207 Page 12 ii. Provide a pdffile of the approved directory to the Fire Marshal prior to directory's --... construction and/or installation. 27. Any automatic gated entries must install an Opticom system with a remote knox key switch to the satisfaction of the Fire Marshal. B. The following Conditions of Approval shall be satisfied pnor to sale of the first condominium unit unless otherwise noted: 1. For any condominium unit in a structure containing multiple condominium units, correct any deficiencies listed in the Property Condition Report as needing "immediate repair, and correct any violations identified by the Housing Inspection, to the satisfaction of the Director of Planning and Building. 2. For any condominium unit in a structure containing multiple condominium units, provide in that structure type 2A-IOBC fire extinguishers every 75 feet of travel distance, smoke detectors for each unit to the satisfaction of the Chula Vista Fire Department. 3 All lighting shall meet the protective current lighting standards of the current Uniform Building Code. 4. So as to ensure compliance with Section 17.24.40 and 17.24.050 of the Chula Vista Municipal Code, Applicant shall show that walls and ceilings meeting the current Uniform Building Code standards regarding fire and sound attenuation have been """" maintained between airspaces of the condominium units, to the satisfaction of the City Building Official and Director of Planning and Building. If said walls and ceiling do not meet said standards, then the walls and ceiling shall be modified to conform to the Uniform Building Code. 5. Anyon-site sales or leasing office shall obtain a Conditional Use Permit. 6. Submit evidence satisfactory to the Director of Planning and Building that the Applicant has complied with all tenant noticing requirements of the California Govermnent Code and ChuJa Vista Municipal Code. 7 Submit evidence satisfactory to the Director of Planning and Building that the Applicant has complied with the approved homebuyer assistance program requirements for existing residents who choose to purchase their condominium units, as outlined in the Applicant's letter dated May 22, 2006. 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 e e e Resolution No. 2006-207 Page 13 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 ~t"~\'\~~~~ Ann Moore ' City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11th day of July 2006 by the following vote: AYES. Councilmembers: Chavez, McCann, Rindone, and Padilla NAYS. Councilmembers: None ABSENT Councilmembers: C:4- Uc9cut ;(/f Stephen C. Padilla, Mayor ATTEST: ~ J1Io"~ r Susan Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2006-207 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 11th day of July 2006. Executed this 11th day of July 2006. J~~ , #gft},vJ (J'1-- Susan Bigelow, 'MMC, City Clerk