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HomeMy WebLinkAboutReso 2012-057PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: AND WHEN RECORDED MAIL,TO~: r C~~/~ (/,~J Tom, C'i9- ~/ 9i~ IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III ~$ APR 2fi, 212 8:~~ AM `~ ~ ~ OFFICIAL RECORDS ^~~ SAN DIEGO COUNTY RECORDER'S OFFICE Iv ~' Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 ~ ~ ° ~~ PAGES: 15 9 9 . ~ 1111111 III IIIII I I IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII THISSP.tCE FOX RECORDER 5 USE ONLY r l e~L e%1 i~C1~ (Please fill in document title(s) on this line) . THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 ReaForcn kR25 i ~~~ ~.. RESOLUTION NO. 2012-057 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP WITHIN OTAY RANCH VILLAGE 2 -CHULA VISTA TRACT 11-01 L RECITALS 1. Project Site 9099 WHEREAS, the parcel, that is the subject matter of this resolution, is represented in Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of general description, is located in the northern portion of Otay Ranch Village 2 Neighborhoods R- 7and R-9, Chula Vista ("Property"); and 2. Project; Applications for Discretionary Approval WHEREAS, on November 22, 2010, a duly verified application for a Tentative Subdivision Map (Chula Vista Tract (CVT) 11-01) was filed with the City of Chula Vista - Development Services Department by Otay Ranch New Homes ("Applicant") to subdivide a 12.0-acre site within Otay Ranch Village 2, Neighborhoods R-7 and R-9, into eighty-five (85) single-family lots; and 3. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS 10-009, in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declaration, IS 10-009 and associated Mitigation and Reporting Program; and 4. Planning Commission Record on Application WHEREAS, on March 14, 2012, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on Tentative Subdivision Map. Notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and mailing to property owners and residents within 500 feet of the exterior boundaries of the Property at least ten (10) days prior to the hearing; and 9100 Resolution No. 2012-057 Page 2 WHEREAS, a hearing at the time and place as advertised, namely March 14, 2012, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision Map CVT 11-01; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 4-1-1-1 that the City of Chula Vista City Council approve the Tentative Subdivision Map CVT 11-01 within Otay Ranch Village 2 Neighborhoods R-7 and R-9; and 5. City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by both publication in a newspaper of general circulation in the City and mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and WHEREAS, on April 3, 2012 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, the City Council of the City of Chula Vista held the duly noticed public hearing to consider said Project: said hearing was thereafter closed. NOW THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: II. 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, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use and Transportation The current General Plan land use designation for Neighborhoods R-7 and R-9 is Low Medium Density Residential (3-6 DU/AC), which represents an average density across all the Village 2 single family neighborhoods. The proposed project is consistent with this land use designation because the average density of the Village 2 single family neighborhoods does not increase above 6 DU/AC. The current Otay Ranch GDP land use designation for Neighborhoods R-7 and R-9 is Medium Residential (6-11 DU/AC). The proposed project results in a density of 8.7 DU/AC (R-7A) and 9.4 DU/AC (R-9), consistent with the GDP land use designation. The GDP land use designation is only Medium Residential for R-7 and R-9 Neighborhoods. However, when averaged with the entire Village 2 single family ,..~,.. Resolution No. 2012-057 9 01 Page 3 ~-~~ neighborhoods, the overall density does not increase above 6 DU/AC, consistent with the General Plan Low Medium Residential land use designation and density range. The existing implementing zone in the Village 2 Planned Community District Regulations is RM1 Multi-Family Residential. The proposed increase of 38 units within R-7A changes the development pattern from traditional linear single family lotting to a more compact four-unit auto court pattern. Additionally, the proposed increase of 11 units/lots in R-9A implements analley-loaded product. Both the alley- loaded and auto-court patterns of development enhance pedestrian activity by removing garages and driveways from street view. Single-family lots will range from 3,111 sq. ft. to 5,976 sq. ft. in size. The proposed project furthers the policy objective for "Urban Villages" to have "higher densities and mixed uses in the village cores" and to "provide a wide range of residential housing opportunities... which promotes a blend of multi family and single family housing styles and densities, integrated and compatible with other land uses in the area. " The proposed project would support Smart Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversity, increase pedestrian orientation and make commercial uses in Village 2 more viable. -- All off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 2. Economic Development The proposed project results in an increase 49 new single-family small lot homes in a more compact format within walking distance of the village core. The four-unit compact court homes and alley-loaded homes support economic policies regarding the pursuit and provision of a wider range of housing options and pricing for potential home-buyers in the current housing market. By adding 49 units, increased patronage to the nearby commercial and public/quasi-public uses can be anticipated to contribute to greater economic development within Village 2 and the City. The Project allows the development of detached small lot single-family homes on separate, fee-simple lots. The four-unit cluster design, around a central auto court, provides a housing type specifically designed to align with today's marketplace and economic conditions. The Project provides homebuyers the opportunity to purchase detached, single-family homes with greater affordability, reduced maintenance/utility costs, and less dependency on the automobile, a guiding principal of the Otay Ranch GDP. The proposed homes also provide further variation in housing opportunities available to Chula Vista residents, consistent with General Plan Objective ED 2. 9102 Resolution No. 2012-057 Page 4 The proposed project also fosters economic development benefits at the community level by providing for increased housing densities within the same development footprint. These increased densities allow for infrastructure and municipal services to be provided at reduced cost per capita (more people served by the same municipal services). Additionally, with increased housing (and population) within the same development footprint, increased densities improve the viability of community serving commercial and public/quasi public uses as well as alternative transportation modes. As a result, the proposed project may serve as a catalyst for small and mid- sized industries and businesses and community serving and neighborhood uses, consistent with General Plan Objectives ED 3 and ED 9. 3. Public Facilities and Services 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. A Supplemental PFFP has been prepared to analyze the additional demand generated by 197 new units, including the 49 new single family units, for public services and facilities, and the phasing needs created by the Project. A project-level water quality technical report was completed for the proposed project. The water quality technical report outlines three options for achieving the water quality treatment and hydromodification requirements of the City of Chula Vista. One of the three options would be implemented and approved by the City Engineer. The proposed project would continue to comply with all applicable rules and regulations including compliance with NPDES permit requirements for urban runoff and storm water discharge. Best Management Practices (BMPs) for design, treatment and monitoring for storm water quality would be implemented as delineated in the Mitigated Negative Declaration with respect to municipal and construction permits. Compliance with all applicable rules and regulations governing water quality as well as implementation of all mitigation measures outlined in the Mitigated Negative Declaration and the water quality technical report would ensure no additional impacts to water quality. Project-specific analyses have been conducted relative to the project's potential sewer and water impacts. The proposed project would increase average projected water demands by 10,500 gallons per day (gpd) which represents less than a 1 % increase village-wide. As such, the water system recommendations from the May 2006 Subarea Master Plan for Village 2 remain unchanged as a result of the proposed project. The proposed project adds 197 units (inclusive of the subject 49 units associated with this Tentative Map) to the Poggi Basin, which results in an increase of approximately 42,400 gpd (160.1 EDU) to the Poggi Basin. Adding 160.1 EDU will not exceed the units foreseen in the 2009 Poggi DIF Update. The Applicant is required to monitor two reaches of the Poggi Canyon Interceptor which have already been identified for future replacement as required by the Supplemental PFFP. However, the proposed project would not require additional reaches of the Poggi Canyon Interceptor to be upgraded in the future. Upon approval of the proposed project, the Development Impact Fee for the Poggi Basin would be updated to reflect the additional units. Resolution No. 2012-057 9 ~ O 3 Page 5 4. Environmental Element The proposed project has been reviewed in accordance with the requirements of CEQA. A Water Quality Technical Report, Traffic Impact Study, Noise Impact Report, Air Quality and Global Climate Change Evaluation, Sewer Service Technical Memo and Water Service Technical Memo have been prepared, reviewed and approved by the City. A Mitigated Negative Declaration (IS-10-009) has been prepared for the project in order to address the proposed addition of 197 units (inclusive of the subject 49 units associated with this Tentative Map) to the Village 2 SPA Plan. No additional, unmitigable significant impacts beyond those previously analyzed in the FEIR, or substantial increases in any identified significant impacts are anticipated. Therefore, the Mitigated Negative Declaration (IS-10-009) and the Mitigation Monitoring Program ensure all environmental impacts will be mitigated to a level less than significant. 5. Growth Mana e~nt The proposed project would result in 197 additional dwelling units (inclusive of the subject 49 units associated with this Tentative Map) in Village 2. A Supplemental PFFP has been prepared which analyzes any potential impacts on public facilities and services, and identifies the facilities, phasing and timing triggers for the provision of facilities and services to serve the project, consistent with the City's Quality of Life Threshold Standards. A project-specific traffic study, the Village 2 SPA Amendment Traffic Impact Study, analyzes the impact of 197 additional units (inclusive of the subject 49 units associated with this Tentative Map) in Village 2. The traffic study concludes the surrounding street segments and intersections as planned or built, including Olympic Parkway and Santa Victoria Road, will continue to operate/serve at an acceptable Level of Service in compliance with the City's traffic threshold standard with the proposed project traffic; however, the project would contribute to a cumulative impact at the all-way stop controlled intersection of Santa Victoria Road/Santa Venetia Street. Signalization of this intersection would fully mitigate this impact. The Project site is within the boundaries of the Chula Vista Elementary School District (CVESD). Based on Student Generation Factors from CVESD, the proposed 197-unit increase would result in roughly 64 additional elementary school students. An elementary school is planned within the Village 2 core to serve the build-out population. It was anticipated the entire Village 2 project would generate approximately 875 students. CVESD sizes elementary schools to accommodate between 750 and 1,000 students; therefore, the addition of 64 students would not result in inadequate school facilities. Further, the District has provided a letter stating it can accommodate the new students generated by the proposed project. The CVESD will determine which elementary _ school students generated by the project will attend on an interim basis. 9lOd Resolution No. 2012-057 Page 6 The Project is also within the attendance area of Olympian High School, within the Sweetwater Union High School District (SUHSD). It is anticipated that approximately I7 middle school and 42 high school students are generated by the Village 2 SPA Amendment project. The project site is within the boundaries of established Communities Facilities Districts for both CVESD (CVESD CFD 17) and SUHSD (SUHSD CFD 17). As such, the Applicant will mitigate impacts on secondary and elementary school facilities through participation in CVESD and SUHSD CFDs. 6. Open Space and Conservation The proposed project meets the minimum open space requirement per the Village 2 SPA Plan and Planned Community District Regulations. The project generates a demand for an additional 1.68 acres of park land. This obligation will be met through the Applicant's existing park "credits," the dedication of parkland, payment park fees, or a combination of park credits, land dedication and fees. As part of the Villages 2 SPA Plan, 101.5 acres of open space was required to be provided to meet Otay Ranch GDP threshold. The Village 2 SPA Plan provided approximately 386.1 acres of on-site open space. The proposed project would increase the population by 632 residents, increasing the open space demand by 7.56 acres. When added to the total from the existing Villages 2 SPA Plan demand, this totals 109.06 acres of open space. The 386.1 acres provided by the Villages 2 Site Utilization Plan exceeds the Otay Ranch GDP open space requirement. In addition, the Otay Ranch Resource Management Plan requires conveyance of 1.188 acres of preserve land for every acre of non-common development area. Therefore, the project generates a requirement to convey 32.8 acres of Preserve land to the Otay Ranch Preserve Owner/Manager (27.6 acres of development x 1.188 = 32.8 acres). The Applicant has an existing conveyance "credit" of over 200-acres which were previously dedicated to the Otay Ranch Preserve Owner/Manager which will be used to satisfy this obligation. The proposed landform grading conforms to the City's grading Ordinance and retains regional and natural open space features. The development of the site is consistent with the goals and policies of the Conservation Element. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allow for the optimum siting of lots for natural and passive heating and cooling opportunities. The development of the site will be subject to site plan and architectural review to ensure 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 generally level and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. Resolution No. 2012-057 _ Pagel 9 I 0 `J E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. III. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL A. Project Site is improved with Project The Applicant, or his/her successors in interest and assigns, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, known Chula Vista Tract 11-O1. V. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval herein contained are 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: Planning Division: Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable _ fees, including any unpaid balances of permit processing fees for deposit account DQ- 1642. 9106 Resolution No. 2012-057 Page 8 All the terms, covenants and conditions contained within the "Exhibit B" of the Otay Ranch Village Two, Three and a portion of Four SPA Plan Resolution 2006-156 shall continue to be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 4. Prior to issuance of the first Building Permit for the Project, the Applicant shall record a deed restriction on 0.9 acres within the Village 7, R-3 neighborhood for Community Purpose Facility uses. In addition, the Applicant will enter into an Agreement with the City for the final resolution of the Village 2 0.9 acre CPF obligation with regard to siting and development provisions, including and not limited to obtaining the necessary entitlements, to the satisfaction of the Development Services Director. 5. Developer shall provide the required affordable housing within Neighborhoods R-28 and/or R-29 to the satisfaction of the Development Services Director. 6. Prior to the issuance of a Certificate of Occupancy for the 150th dwelling unit within the project, the applicant shall provide a public benefit endowment to the City in the amount of $142,000 for additional park enhancement amenities within the future Otay Ranch Community Park, located within Village 4. Land Development Division: 7. 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 Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". 8. All of the terms, covenants and conditions contained within the Tentative Map for Tract No. 06-OS shall continue to be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 9. All of the terms, covenants and conditions contained within the Amendment to the City of Chula Vista Subdivision Manual Section 5-000 for the inclusion of the Standard Conditions of Approval for Tentative Maps shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 10. Developer shall provide one sewer lateral for each unit and all shall be shown on the improvement plans as directed by the City Engineer. 11. Prior to approval of any final map for the Project, Developer shall secure and construct or otherwise enter into an Infrastructure Improvement Agreement for offsite facilities as identified in the Supplemental Public Facilities Financing Plan (PFFP). Developer shall submit security in a form approved by the City Attorney, for any required offsite ,. improvements as shown on the approved Tentative Map or as required by the Resolution No. 2012-057 A ~ ~ 7 Page 9 7 -- Supplemental PFFP. Any offsite permission or right of way that will be required to install such improvements shall be obtained prior to the approval of any final map, to the satisfaction of the City Engineer. 12. Prior to the approval of the first Final Map, Developer shall secure and construct a traffic signal at the intersection of Santa Victoria Road/Santa Venetia Street to the satisfaction of the City Engineer. 13. Prior to the First Final Map developer shall bond for and demonstrate compliance with Mitigation Measure "UTIL-1" and all listed requirements under the Utilities and Service Systems section of the Mitigated Negative Declaration with regard to the upsizing of sewer facilities within the Poggi Canyon Sewer. 14. Prior to the approval of any final map within the Project, Developer shall obtain approval of a Joint Use Agreement and Right of Way crossings for Santa Victoria and Santa Diana over the City of San Diego waterline to the satisfaction of the City Engineer. 15. Prior to the issuance of the Final Map containing the 212' aggregate unit within R7-A, R9-A, R-10, R-28 and R-29, Developer shall deliver the P-3 park site to the City in a graded condition with all-weather access and underground utilities stubbed to the property line pursuant to Village 2 Tentative Map (CVT 06-OS) Conditions 96 and 97, to the satisfaction of the Development Services Director. 16. Developer shall ensure that the Homeowners Association (HOA) maintains all Water Quality Facilities for the Project. Prior to final map approval, the Developer shall obtain the approval from the City Engineer, of the Covenants, Conditions, and Restrictions (CC&R's). Developer shall also demonstrate to the satisfaction of the Development Services Director that such maintenance is accounted for in the HOA annual budget. 17. Prior to approval of any building permit for the Project, Developer shall obtain approval, by the City of Chula Vista, of the `landscape documentation package' that demonstrates that the landscape associated with this Project complies with the City of Chula Vista Landscape Water Conservation Ordinance, Chapter 20.12 of the Municipal Code. The title sheet of the drawings shall contain a signed statement from the landscape architect as follows: "I am familiar with and agree to comply with the requirements for landscape improvement plans as described in Chapter 20.12 of the Municipal Code. I have prepared this plan in compliance with those regulations. I certify that the plan implements the regulations to provide efficient landscape water use." 18. Developer shall ensure that sidewalks immediately adjacent to any low walls shall have a band of scoring to alert pedestrians to the proximity to the wall. The scoring shall be located along the base of the wall and may contain vine-planting pockets. The scoring pattern, the size of the band, and any of its features thereof, including vine-planting pockets, shall be subject to the approval of the City Engineer. 9108 Resolution No. 2012-057 Page 10 19. Developer shall ensure that all existing and proposed perimeter theme walls and fences shall be part of the landscape and irrigation plans for the Project. The landscape and irrigation plans shall show design, height and materials for the walls/fences. 20. Developer shall ensure that prospective purchasers receive a copy of the City of Chula Vista Landscape Water Conservation Checklist. 21. Prior to the issuance of the first occupancy permit for a unit within a neighborhood included in the Final Map and abutting open space, the Developer shall install slope Landscape and Irrigation in accordance with the approved L&I plans in all open space areas immediately adjacent to that neighborhood. The installation shall be coordinated with owners of adjacent neighborhoods when necessary. Fire Department: 22. The Building Permit plans shall demonstrate a fire flow of 1,500 gallons per minute (gpm) fora 2-hour duration (at 20psi). The 1,500 gpm is for homes that are less than 3,600 square feet. For larger homes (3,601 +), they shall meet the fire flow requirements, based upon size and construction type, as stated within the adopted fire code. 23. The Applicant shall provide a water flow letter from the applicable water agency having jurisdiction, to the Chula Vista Fire Department, indicating that the fire flow is available to serve this project. 24. The Applicant shall install Fire Hydrants located not greater than 500 feet apart for single-family and 300 feet apart for multi-family properties. The minimum fire hydrant size shall be: 6" x 4" x 2" '/z x 2 '/s" prior to occupancy. 25. Prior to occupancy, the structure shall be addressed in accordance with the currently adopted code. 26. The Applicant shall comply with the adopted State of California Building Code changes that require all new one and two-family homes and townhouses built in the state starting January 1, 2011, to be equipped with life-saving fire sprinkler systems. B. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 27. Approval of this request shall not waive compliance with all sections of the Chula Vista Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 28. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of this tentative map and (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a Resolution No. 2012-057 ~ 1.O Page 11 copy of this Tentative Subdivision Map where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 29. 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 Developer as to any or all of the Property. 30. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village Two Sectional Planning Area (SPA) Plan and supporting documents including: Village Two Public Facilities Finance Plan and supplemental PFFP; Village Two Parks, Recreation, Open Space and Trails Plan; Village Two SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 31. If any of the terms, covenants or conditions contained herein shall 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 including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damages for their violation. The applicant shall be notified 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. 32. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Mitigated Negative Declaration (IS-10-009) and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 33. The applicant shall comply with all applicable Village Two SPA conditions of approval, (PCM 10-30) as may be amended from time to time. VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San 9110 Resolution No. 2012-057 Page 12 Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. ,` ! Signat e of Property Owner Date Ranie Hunter, Executive VP, Otay Ranch New Homes _ ~' /~ _ ~ Signature of Applicant Date Ranie Hunter, Executive UP, Otav Ranch New Homes VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. VIII. 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 any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution, the map approved hereunder, and any permits issued in reliance hereon shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve Tentative Subdivision Map (CVT-11-O1) subject to conditions listed above to subdivide 12.0- acres into eight-five (85) lots within Otay Ranch Village 2 Neighborhoods R-7 and R-9, on file in the office of the City Clerk. Resolution No. 2012-057 Page 13 Presented by Gary alb , P.E., A CP Assistant ity Manager/ Development Services Director Approved as to form by 9II1 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of April, 2012 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Ramirez v~r ,^ u Cheryl Cox, yor ATTEST: ~~ Lu~/~AiNE ,~ecl~Uc'>i ~jv : Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-057 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 3rd day of April, 2012. Executed this 3rd day of April, 2012 .~~'~ La~i~4irL:C rgc~'WU'T --~ •. -. Donna R. Norris, CMC, City Clerk Resolution No. 2012-057 Page 14 EXHIBIT "A" 9112