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HomeMy WebLinkAboutReso 2013-244 RESOLUTION NO. 2013-244 RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF CHULA VISTA APPROVII�'G A TENTATIVE MAP SUBJECT TO THE CONDITIOI�'S COI�'TAII�TED HEREII�' FOR THE COLOI`'Y MIXED-USE PROJECT IN THE UC-I ZOI�'E OF THE URBAI�' CORE SPECIFIC PLAt�' AREA. TO COMBII�TE MULTIPLE PARCELS IT�TTO ONE FOR 162 COI�TDOMII�TIUM UI�'ITS AND ONE COMMERCIAL UI��IT ON APPROXIMATELY 2.61 ACRES LOCATED AT �3� THIRD AVEI�TUE I. RECITALS A. Project Site R'HEREAS; the parcel of land ��hich is the subject matter of this Resolution is depicted in Exhibit "A," attached hereto and incorporated herein by this reference: and commonl}� known as The Colon}�, and for the purpose of general description herein consists of 2.61 acres locate at 43� Third Avenue (`Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on October 23, 2012, a duly verified application for a Tentative Subdivision Map (PCS-12-06), �+�as filed with the City of Chula Vista Development Sen�ices Department by Sweet��ater Union High School District ("Applicant' and "O���ner'), for the subdivision of a 2.61-acre site into one lot consistine of 162 condominium units and one retail unit located at 43� Third A��enue: and y C. Environmental Determination WHEREAS, The Development Sen�ices Director has completed a Secondap� Study (IS- 12-002), in order to determine the project's consistency with the Urban Core Specific Plan ' EIR (PEIR-06-01). Based on the environmental analysis contained within this Secondarv � Study the proposed action N�ill not ha��e an�� sienificant effect on the environment other than as identified in the PEIR. In addition, the rezoning of the pazcels to an Urban Core density of up to 60 du/acre was analyzed in the 200� General Plan Update EIR (EIR-0�-01) as part of the 200� General Plan Update. The proposal is consistent �;�ith the analysis and conclusions of EIR-0�-01. Therefore, a negati��e declaration, subsequent environmental impact report, supplement to environmental impact report, or addendum to environmental impact repoR has not been prepared; and Resolution No. 2013-244 Page 2 D. Consolidated Review WHEREAS, this project is going throu�h the consolidated review process, in accordance with the Consolidation of Processing regulations contained in Municipal Code Section 19.14.050(C). The decision to appro��e, conditionally approve; or deny the project has been consolidated to the highest decision maker, which is the City Council; and E. City Council Record on Application WHEREAS, a hearing time and place was set by the City Clerk for consideration of the Project, and notice of the hearing, together with its purpose; was given by its publication in a ne�vspaper of general circulation in the City and its mailing to property owners within 500 Feet of the exterior boundary of the Project, at least ]0 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council on November 19, 2013, in City Council Chambers, 276 Fourth Avenue, at 2:00 p.m. to hear public testimony. Said hearing �vas thereafrer closed; and WHEREAS, the City Council reviewed and considered the Tentative Map (PCS-12-06). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby find and determine as follows: II. 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 the 435 Third Avenue Project, is in conformance with the elements of the City's General Plan, based on the following: , 1. Land Use and Circulation The General Plan land use designation is Mixed-Use in a Transit Focus Area in the Urban Core (28-60 dwelling units per acre). The proposed subdivision will be dcveloped at a density which is within the allo�vable density and permitted number of d�i�ellin� units. The project fronts on Third Avenue, and all related street and other public improvements required to serve the project either esist or will be provided in accordance ���ith the conditions of approval. Projects proposed for western Chula Vista are required to pay the Westem Transportation Development [mpact Fee prior to building permit issuance, to pay their share of costs associated with future road construction and capital improvements. Resolution I�o. 2013-2�� Pase 3 2. Economic Development The Project ���ill provide 162 ne���_ tugh-qualit��, energy-efficient multi-family homes and 3.000 square feet of commercial space that N211 enhance the image and appearance of Third Avenue, pro��ide customers for the urban core businesses, and create jobs related to construction that H�ill benefit the local economy. Approval of the Project ���ill help achieve the General Plan objectives that seek to promote a variet�� of job and housine opportunities to impro��e the Cih�'s jobs/housine balance, pro��ide a diverse economic base, and encourage the gro��nh of small businesses. 3. Public Facilities and Sen�ices The Project site is located in the attendance azea of the Rosebanl: Elementary School, ���ithin the boundaries of the Chula Vista Elementary School District. The Project is also ���ithin the attendance azea of Hilltop Middle School and Hilltop High School, ��ithin the S���eetwater Union High School District. Both school districts responded that they ���ould be able to accommodate the additional students Qenerated by the Project. and that the schools would not be adversely impacted by the approval of the Project. The project site is within the boundaries of the Citv of Chula Vista ti�aste���ater sen�ices area. Ne�;� sewer laterals are proposed to sen�ice the property. A Se�+er Analysis ti�as completed for the project by Atkins North America Inc. Based on the model simulations. there aze no capacit}� deficiencies along the G Street Trunk Sewer. No adverse impacts to the City`s se�i�er system or City's se���er threshold standazds «<ill occur as a result of the proposed project. The Project has been conditioned to ensure that all necessarv public facilities and services ���ill be available to serve the Project concurrent with the demand for those sen�ices. The City Engineer, Fire and Police Departments ha��e revieH�ed the proposed subdi��ision for conformance ���ith City safetv policies and have determined that the proposal meets those standazds. The Project has been conditioned to pay pazk acquisition and development fees prior to issuance of buildine permits. Project construction �i�ill be required to comply with the 2010 Califomia Green Buildine Standazds; the City's Green Building Standards and the City's Energy Efficiency Ordinance, and therefore energy-efficient homes w�ill be developed. 4. Housina The Project is consistent with the density prescribed H�ithin the Transit Focus Area desienation of the General Plan and the UC-1 subdistrict of the Urban Core Specific Plan, and H�ill provide additional opportunities for high-qualit}�, market-rate multi- familv residences in the Citv's Urban Core. �. Gro�tinh Manaeement The Project is in compliance with applicable GroHnh Manaeement Element requirements because it is an infill project that ��ill be sen�ed by esisting public infrastructure. There aze no public sen�ice, facilit��; or phasing needs that warrant the preparation of a Public Facilities Financine Plan. Resolution No. 2013-244 Page 4 6. Environmental That a Secondary Study (IS-1 Z-002) has been completed in order to determine project consistency �vith the Urban Core Specific Plan EIR (PEIR-06-01). Based on the environmental anal}'sis contained within this Secondary Study, the proposed actions will not have any significant efFect on the environment other than as identified in the PEIR. In addition, the rezoning of the parcels to an Urban Core density of up to 60 du/acre H�as analyzed in the 2005 General Plan Update EIR (EIR-0�-01) as part of the 2005 General Plan Update. The proposal is consistent with the analysis and conclusions of EIR-OS-01. Therefore, a negative declaration, subsequent environmental impact report; supplement to environmental impact report; or addendum to environmental impact report has not been prepared. 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 ��ill be subject to site plan and architectural review to ensure the ma�imum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Go�-ernment Code Section 664123 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 ser��ice needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for mised-use development because it is graded, level, and vacant, and is surrounded by esisting public streets, as well as commercial and residential development. As conditioned, the Project conforms to all standards established by the City for a mised-use development. 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. TENTATIVE MAP 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, known as The Colony, Chula Vista Tract No. 12-06, located at 435 Third Avenue. IV. SPECIAL CONDITiONS OF APPROVAL A. THE CONDITIONS HGREIN IMPOSED ON THE TENTATIVE MAP APPROVAL HEREIN CONTAINED ARE APPROXIMATELY PROPORTIONAL BOTH TO NATURE AND EXTGNT OF IMPACT CREATED BY THE PROPOSED DEVELOPMENT. UNLESS OTHERWISE SPECIFIED, ALL CONDITIONS AND CODE REQUIREMENTS LISTED BELOW SHALL BE FULLY COMPLETED BY THE APPLICANT. OWNER OR SUCCESSOR-IN-INTEREST TO THE CITY'S SATISFACTION PRIOR TO APPROVAL OF THE F1NAL MAP, UNLESS O'CHERWISE SPECIFIED: Resolution No. 2013-2�4 Pase � Planuiog 1. The site shall be developed and maintained in accordance ���ith the appro��ed plans; ���hich include site plans, floor plan. and ele��ation plan on file in the Planning Division. the conditions contained herein, and Title 19. 2. Prior to. or in conjunction ��th ihe issuance of the first buildina permit, pay all applicable fees. including an}� unpaid balances of permit processing fees for deposit account DQ-1703. 3. Prior to the approval of building permits, the colors and materials specified on the building plans must be consistent H�th the colors and materials sho�m on the site plan and materials board approved by the City Council on November 19, 20li, or as subsequentl}� modified in accordance ���ith their direction. 4. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonn� walls; bermina_ and/or landscaping to the satisfaction of the Director of Development Services. y 5. All roof appurtenances, including air conditioners and other roof mounted equipment � and/or projections. shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Development Services Director. Such screening shall be architectwally integrated with the building design and constructed to the satisfaction of the Development Services Director. 6. A graffiti resistant treatment shall be specified for all �vall and building surfaces. This shall be noted for anv buildin2 and w�all plans and shall be re��iewed and approved by the Development Services Director prior to the issuance of buildine permits. Additionaily, the project shall conform to Sections 9.20A» and 9.20.03� of the CVMC regazding graffiti control. 7. All exterior liehting shall include shieldine to remove any glaze from adjacent residents. Details for said lighting shall be included in the azchitectural plans and shall be reviewed and approved to the satisfaction of the Deeelopment Sen�ices Director, prior to the issuance of the first building permit. 8. The Applicant shall implement to the satisfaction of the Development Sen�ices Director and the City Engineer the mitigation measures identified in the Environmental Impact Report for the UCSP (PEIR-06-01) and associated Mitisation Monitorin� and Reporting Program. V Land Development 9. Prior to the issuance of the first building permit, the Applicant shall pay all associated development impact fees to the satisfaction of the Development Services Director, includine: Resolution No. 2013-244 Page 6 a. Sewer Connection and Capacit�� Fee b. Traffic Signal Fee c. Western Transportation Development Impact Fee d. Public Facilities Development Impact Fees e. Other Engineering Fees as applicable per Master Fee Schedule 10. The Applicant shall be required to pay additional deposits or fees in accordance with the City Subdi��ision Manual, and Master Fee Schedule with the submittal of the following items: a. Grading Plans b. Street Improvement Plans c. Tentative Map, Final Map 1 l. Park obligations shall be met per Chapter 17.10 prior to the issuance of the first Building Permit unless waived. 12. Prior to issuance of the first building permit the applicant must demonstrate compliance with the Uniform Building Code, minimum sewer grade (2%) from the farthest unit in the site to the sewer main in Third Avenue. 13. The Developer shall obtain a Land Development Permit prior to beginning any earthwork acti�-ities at the site and before issuance of Building Permits in accordance with Municipal Code "Citle 15A�. Developer shall submit Grading Plans in conformance with the City s Subdivision Manual and the City`s Development Storm Water Manual requirements, including, but not limited to the following: a. Grading Plans shall be prepared by a registered Civil Engineer and approved b}� the Cit}� Engineer. b. Drainage Study and Geotechnical/Soils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre- Development and Post-Development flows and show how downstreain properties and storm drain facilities are impacted. Design shall incorporate detention of srorm water runoff if Post-Development flows esceed Pre-Development flo�vs; analysis shall include flows from 2 yr, ]0 yr, and 50 }�r return frequency storms. c. Drainage study shall also demonstrate that no property damage will occur during the 100-year storm event. d. Drainage study shall sho�v any offsite flows. e. All onsite drainage facilities shall be private. f. Any offsite �vork will require Letters of Permission from the property owner(s). 14. The Applicant sliall provide two copies of the following technical reports with the 151 submittal of grading plans: a. Drainage study b. Water Quality Technical Report Resolution No. 2013-2�� Page 7 1�. The Applicant shall comply with the fo1loH�ing regulations for retaining walls prior to the approval of a erading permit. a. All retainin� ���alls shall be noted on the grading plans and include a detailed ti�all profile. b. Structural ���all calculations aze required if �valls aze not built per San Dieeo Reeional Standazd Dra���ings, or City of Chula Vista Construction Standazds CVCS-30 thru 40, and if fences are to be placed on top of retaining walls. c. Retainine �+�alls that ��ill be part of a building wall must be approved as part of the building permit for the project. d. Retainine walls around trash bin (if an}�) shall be noted on the grading plans and called out per standard. e. Detail ho«� retaining wall drains tie into the drainage system. 16. The project shall comply with all requirements of the Chula Vista De��elopment Storm Water Manual (Storm Water Manual) for both construction and post- construction phases of the project. Prior to building permit approval, documentation shall be pro��ided, to the satisfaction of the City Engineer or designee, to demonstrate such compliance. 17. De��elopment of this project shall compl}� with all requirements of State Water Resources Control Board (SV✓RCB) NPDES General Permit No. CAS000002, Waste Dischazge Requirements for Dischazses of Storm Water Runoff Associated with Construction Activity, and any subsequent re-issuances thereo£ In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program Plan shall be developed and implemented concurrent with the commencement of grading acti�ities. The SWPPP shall specifi� construction structural and non-strucmral pollution pre��ention measures. 18. All on-site drainaee inlets and catch basins shall be provided with permanent stenciling and sienaee accordine to the City of Chula Vista Standards to prohibit illegal discharee to the storm drain system. 19. Prior to issuance of any Grading or Building Permits, ti�hichever occurs first, o��mer must enter into a Storm �i'ater Manasement Facilities Maintenance Agreement to perpetually maintain pri��ate Best Management Practices (BMP's) located within the project. 20. Prior to issuance of the gradine permit for the project. a complete and accurate Notice-of-Inteni (i�'OI) must be filed ���ith the SRVdCB. A copy of the acknowledgement from the SRVVCB that a NOI has been received for this project shall be filed with the City of Chula Vista when recei��ed. Further, a copy of the completed NOI from the SR\�'CB showine the Permit I�'umber for this project shall be filed ���ith the Citv of Chu1a Vista ���hen recei��ed. I Resolution No. 2013-244 Page 8 21. Permanent storm water requirements. including site design; source control, treatment control, and hydro-modification control BMPs, all as sho�m in the appro��ed Water Quality Technical Report (WQTR), shall be incorporated into the project design, and shall be shown on the plans. Provide sizing calculations and speciYications for each BMP. Any structural and not-structural BMP requirements that cannot be shown graphicallti- must be either noted or stapled on the plans. 22. Prior to obtaining any Building Permits, or approval of the Final Map, whichever occurs first, the applicant shall obtain a Construction Permit if the project's total on- site improvements exceed Engineering Threshold of CVMC, Section 12.24.020, to perform the following work in the City's right-of-way which may include, but is not limited to: a. Installation of curb, gutter, and sidewalk per SDRSD G-3 along the projecYs frontage. Sidewalk shall be designed and constructed with proper transitions to e�istin� conditions. b. Installation of all driveway(s) meeting design standards as sho�vn in Chula Vista standard detail CVCS-lA. Dedication of public right-of-way (R/W) as needed in order for driveway to comply with American Disability Act (ADA) requirements. c. Installation of pedestrian ramp on the corner of Third Avenue and Alvarado Street, per Chula Vista Consiruction Standards CVCS-25. d. Installation of 2 se�ver manholes per SDRSD S-2 is required at the connection of the 8" sewer laterals to the main public sewer line. e. Installation of all sewer laterals per SDRSD 5-13. £ Trenching and restoration of utilities per CVCS-3 & 4. g. Replacement of public improvements (to include 8' sidewalk) and addition of sis street trees in the adjacent right-of way on Church Avenue, in accordance with Chula Vista Landscape Manual. h. Construction of rivo pedestrian ramps and addition of two pedesVian crossing signs at the southem terminus of Church Avenue north of the project's private drive�i-ay, in accordance with City regulations. 23. All utilities serving tl�e proposed project shall be underground pursuant to CVMC 15.32. 24. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be obtained as necessary. 25. Any improvements in the right-of-way beyond the project limits shall be designed and constructed as to not interfere w�ith adjacent businesses, as approved by the City Engineer. 26. The wnstruction and completion of all improvements and release requirements shall be secured in accordance with Section 18.16.220 of the Municipal Code. Resolution I`'o. 2013-244 PaQe 9 27. Any esistino sew�er laterals and storm drain connections that aze to be used by the ne�v de��elopment shall be inspected b}� the Public Works Operations Section and replaced as needed. 28. The onsite sewer and storm drain s��stem shall be private. All se�;�er laterals and storm drains shall be privatel}� maintained from each buildine unit to the City- maintained public facilities. 29. All proposed side���alks, walkH�ays; pedestrian ramps, and disabled parkina shall be designed to meet the City of Chula Vista Design Standards, ADA Standazds; and Title 24 standazds, as applicable. 30. Prior to Final Map. Gradine or Street Improvement Plan appro��aL the O«ner/Applicant shall upload copies of the Street Improvement Plan, Grading Plan, Final Map and Site Improvement Plan in digital format such as AutoCAD DWG or DXF (AutoCAD version 2000 or above), ESRI GIS shapefile, file, or personal geodatabase (ArcGIS version9.0 or above). The files should be transmitted directly to the GIS section using the Cit}�'s digital submittal file upload website at http:/h��»�.chula��istaca.so��/soto/GIS. The data upload site only accepts zip formatted files. 31. Submit CC&Rs for revie��� and approval by the Cin� Eneineer, City Attomey and Development Services Director prior to approval of the Final Map. The CC&Rs shall include the folloti�ing: a. Indemnification of City for private se���er spillage. b. Listing of maintained private facilities c. The Ciry-s right but not the obligation to enforce the CCRRs d. Maintenance of all walls, fences, lighting structures, paths, recreational amenities and structures. se�+�aee facilities, drainage strucmres and landscaping. e. [mplement education and enforcement program to prevent the dischazge of pollutants from all on-site sources to the storm ���ater conveyance system. 32. The CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrentl�� w�th the Final Map. 33. All utilities serving the property and existing utilities located within or adjacent to the property shall be under grounded in accordance with the Chula Vista Municipal Code Section prior to the issuance of Buildins Permit. 34. Concurrent w=ith building permit submittals, the Applicant shall provide detailed landscape and imgation plans prepazed by a registered landscape architect for review and approvaL Plans shall be prepazed per Landscape manual, UCSP and CVMC requirements. Etisting landscape that is to be reinstalled must utilize drought tolerant landscapine in compliance ���ith Chapter 20.12 of the CVMC. I�'o turf shall be used. I Resolution No. 20]3-244 Page ]0 The `'Concept Design StatemenP' must include a reference to Chula Vista Landscape Water Conservation Ordinance. 35. Concurrent with building permit submittal, provide a detailed open space elhibit and accompanying landscape plans that clarify the construction details for each of the open space areas identified on said exhibit. Said exhibit and plans shall be in substantial accord with those approved by City Council on November 19, 2013. 36. An encroachment permit is required for all structures located within City right-of-way and easements prior to Building Permit issuance. 37. Applicant shall obtain approval of street addresses to the satisfaction of the Development Services Director. Building 38. Building permit applications submitted on or after January 1, 2011 shall comply with the follo�ving bui]ding codes and any other applicable reeulations: a. 2010 Edition of the California Building Code as amended and adopted by the City of Chu1a Vista (Municipal Code Chapter 15.08); b. 2010 Edition of the California Mechanical Code as amended and adopted by the City of Chula Vista(Municipal Code Chapter 15.16); c. 2010 Edition of the California Plumbing Code as amended and adopted by the City of Chula Vista (Municipal Code Chapter 15.28); d. 2010 Edition of the Califomia Electrical Code as amended and adopted by the City of Chula Vista (Municipal Code Chapter 15.24); e. 2010 Edition of the California Fire Code as amended and adopted by the City of Chula Vista (Municipal Code Chapter 15.36); and f. ZO10 Edition of the California Green Building Standards as amended and adopted by the City of Chula Vista. Fire 39. Prior to the approval of any building permit, the Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating fire flow is available to serve this project. 40. Prior to approval of the first building permit, the Applicant shall pro��ide a �vater supply analysis (technical report) to the Chula Vista Fire Department for review and approval. This report shall be a node to node analysis using the Hazen-Williams formula. The analysis shall show that the required fire flow is available at the hydrants and that simultaneously, the sprinkler demand is available at the most demand sprinkler riser. Resolution No. 20]3-2�4 Page 11 41. Fire Hvdrants shall be located not ereater than 300 feet apart. The minimum fire hydrant size shall be: 6" x 4" x 2 %" x 2 Yi'. Eight hydrants aze required to serve this project. 42. Prior to an}� construction; all Fire DepaRment access and ���ater supply need to be installed. 43. Prior to occupancy, an automatic fire spriril:ler and fire alarm system will be required to be installed per the Fire Departments re�ulations. The Applicant shall mitieate the restricted access to the property in several H�ays includine, but not limited to: a. Installation of a NFPA 13 fire sprinl:ler sti�stem throu2hout the building. b. Upgrades to the sprinl:ler and alarm system as identified b}� a fire consultant and approved to the satisfaction of the Fire DepaRment. 44. Emergency Vehicle Access shall be maintained throueh the project driveway and to the southem dm�e���ay entrance of the adjacent property at 43� Church A��enue, in accordance ��th Chula Vista Fire Department Regulations. Public Works 4�. Prior to the approval of the first building permit the Applicant shall develop and submit a "Recvcline and Solid Waste Mana2ement Plan ' to the Consen-ation Coordinator for re��iew and approval as a part of the permit process. The plan shall demonstrate those steps the applicant will take to comply with the CVMC, including but not limited to Section 8.24. 8.2�. and 19.58340 and meet the State mandate to reduce or di��ert at least �0% of the w�aste generated by the residential developments. The applicant shall contract �vith the Ciry's franchise hauler throughout the construction and occupancy phase of the project. The "Rec}�cling and Solid Vlaste Manaeement Plan` features shall be identified on the buildine plans. 46. Prior to the approval of the first building permit, the Applicant shall submit the required performance deposit fee. B. THE FOLLOV�'ING ON-GOING CONDITIONS SHALL APPLY TO THE PROJECT SITE AS LONG AS IT RELIES OI�' THIS APPROVAL: 1. The site shall be developed and maintained in accordance w�th the approved plans, which include site plans; floor plan, and elevation plan on file in the Plannine Division, the conditions contained herein. and Title 19. 2. The Applicant shall install all landscaping and hardscape improvements in accordance �vith the appro��ed landscape plan. 3. The Property O���ner and Applicant shall and do aeree to indemnify,- protect; defend and hold harmless City, its City Council members, officers, employees and representatives, from and against am� and all liabilities, losses, damaees, demands, claims and costs. including court costs and attorne��'s fees (collectively, liabilities) Resolution No. 2013-244 Page 1 Z incurred by the City arising, directly or indirectly, from (a) City's approval and issuance 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 O�mer and Applicant shall acknowledge their agreement to this provision by executing a copy of this Tentative Map Resolution where indicated below. The Property Owmer's and Applicant's compliance with this provision shall be binding on any and all of the Property O�mer's and Applicant's successors and assi�ns. V. 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 e�action described in this resolution begins on thc 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 fecs, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or sen�ice 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. VI. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and the Applicant shall eaecute this document by signing the lines provided below, indicating that the PropeRy O�vner and Applicant have each read, understood, and agreed to the conditions contained herein, and will implement the same. Upon execution; this document shall be signed and returned to the City`s Development Services Department. � /z/���� Applicant: T�a s J. Calhoun, CFE Date Sweehvater �on High School District r � Z/��/� roperty Owne . omas J. Calhoun, CFE Date Sweetwater U 'on High School District VII. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance ���ith the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements ofthe Zoning Ordinance. Resolution I�'o. 2013-2�4 Pase 13 VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If am� of the fore�oing conditions fail to occur, or if the�� aze; bv their terms; to be implemented and maintained o��er time, if an�� of such conditions fail to be so implemented and maintained accordine to their terms, the Citv shall ha��e the rieht to revoke or modifv all approvals herein granted. denv_ or further condition issuance of all future buildin� permiu, denv, revoke, or further condition all certificates of occupanc�� issued under the authorit�� of appro��als herein eranted, institute and prosecute litieation to compel their compliance ���ith said conditions or seek damaees for their ��iolation. The Applicant shall be notified ten (]0) da��s in ad��ance prior to any of the abo��e actions being tal:en by the Cin and shall be siven the opportunin to remedy any deficiencies identified by the Cin� �ithin a reasonable and diliaent time frame. IX. INVALIDITP; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceabilin� of each and every term. pro��ision and condition herein stated; and that in the e��ent that am� one or more terms. provision, or conditions aze determined b�� a Court of competent jurisdictio� to be in��alid, illegal or unenforceable, this resolution shall be deemed to be automaticall�� re��oked and of no further force and effect. BE IT FURTHER RESOLVED. that the Cin� of Chula Vista Cit�� Council does herebv approve Tentati��e Subdi��ision Map (PCS-12-06); subject to the conditions listed above to combine multiple parcels into one for 162 condominium units and 1 commercial unit on appro�imately 2.61 acres located at 43� Third Avenue. Presented b}� Approved as to form b}� . �� ��j �� Kelly G. roughton, FASLA Gl n R. Go sins � \ Director of Development Services Ci � Atto ��� � � Resolution No. 2013-244 Page 14 PASSED. APPROVED, and ADOPTED by the City Council of the Cit}� of Chula Vista, California; this 19th da}� of November 2013 b}�the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None l iK-(l�-.f�1%,cl-i Cheryl Co�, yo ATTEST: ���� Donna R. Noms, C C, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certifj that the foregoing Resolution No. 2013-244 ���as duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 19th day ofNovember 2013. Esecuted this 19th day of November 2013. �%� � ,/�o/4J,.� , Donna R. Norris, CMC, City Clerk � �Q O �j �, C �-J O a ° 7_. 0 �� 0 �, THE COLONY � � TENI'ATIVL TRACT MAP '4' FOR CONDOMINIUM PURPOSES INTIIEQiYOf CIIULAVI9TACOUNTYOf'GNIDIEGO STATE OF CAIIFORNIA . ���"� ..,.�A... 7f°,.. I!UNIL�°.lgm �.A..\`, t�P1�"�� ,.i{'• ..1� {S:n�k�.��"'�A.:u.m';:^�:::t;�:,^»....,.... amm�L...r. . . F:.wr .ni!'.'i �'• �\���\ ::°'.:i...°.::�:.!!.1'IL.C�L�.�.J,.I..t7Af.:i:,'ni:P.. 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