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
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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.
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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.
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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:
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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:
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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
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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.
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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.
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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.
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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.
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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.
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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
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