HomeMy WebLinkAboutItem 2 - Attch 2 - ResolutionATTACHMENT 2
RESOLUTION NO. PCS -16 -01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING TENTATIVE SUBDIVISION
MAP PCS -16 -01 TO SUBDIVIDE A 9.8 SITE INTO TWO
HUNDRED AND ONE (201) RESIDENTIAL CONDOMINIUM
UNITS FOR INDIVIDUAL OWNERSHIP FOR OTAY RANCH
VILLAGE TWO NEIGHBORHOOD R -11.
WHEREAS, on November 12, 2015, a duly verified application for a Tentative
Subdivision Map was filed with the City of Chula Vista Development Services Department by
Baldwin & Sons (Applicant); and
WHEREAS, the application'requests approval to subdivide 1 lot 201 condominiums
(Project); and
WHEREAS, the area of land that is the subject of this Resolution is an existing 9.8 -acre
parcel within Otay Ranch Village 2, located on the east side of Santa Alexia Avenue between
Santa Diana Road and Santa Victoria Road (Project Site); and
WHEREAS, The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project is adequately covered in previously adopted Final Second Tier FIR (EIR- 02 -02) and a
Supplemental Environmental Impact Report (SEIR- 12- O1 /SCH 200309101,2) pursuant to CEQA
15163; and
WHEREAS, the Development Services Director set the date for the hearing of the
Tentative Subdivision Map application, and notice of the hearing, together with its purpose, was
mailed to property owners and residents within 500 feet of the exterior boundaries of the
property at least 10 days prior to the said hearing date; and
WHEREAS, a hearing at the time and place as advertised, namely March 23, 2016, 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 having received certain evidence on March 23,
2016, as set forth in the record of its proceedings therein, recommends approval the Project,
based on certain terms and conditions.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
find, determine and resolve as follows:
PC Resolution PCS -16 -01
April 13, 2016
Page 2
I. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the Planning
Commission 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
The General Plan land use designation for Neighborhood R -11 is Mixed Use
Residential (MUR). The Otay Ranch GDP land use designation for Neighborhood R-
1 I is H (High Density Residential). The proposed project is consistent with this land
use designation as its density (20.5 du/ac) falls within the prescribed GDP range for
this category (18 -27 du /ac). The implementing zone for Neighborhood R -11 in the
Village 2 Planned Community District Regulations is RM -2 (Multi Family 2), which
permits densities from 15+ du/ac. Neighborhood R -11, as shown on the TSM, is
consistent with these designations.
The proposed project furthers the policy objective for "Urban Villages" to have
"higher densities and (nixed 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.
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.
2. Circulation
All off -site public streets required to serve the subdivision already exist or will be
constructed or paid for by the Applicant in accordance with the Conditions of
Approval. The on -site public street is designed in accordance with the City design
standards and/or requirements and provides for vehicular and pedestrian connections.
3. Economic Development
The proposed project allows for further development of 57 multi- family residential
units, which contributes to availability of a wider range of housing options and pricing
for potential home - buyers in the current housing market. By adding these 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 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
PC Resolution PCS -16 -01
April 13, 2016
Page 3
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 was prepared as part of the Village 2 Comprehensive
SPA Plan amendment that was approved in November 2014, which had analyzed the
additional demand generated by up to 60 new units within Neighborhood R -11 for
public services and facilities, and the phasing needs created by the Project.
A project -level water quality technical report was completed as part of Village 2
Comprehensive SPA Plan amendment which included the proposed project. The
water quality technical report outlines the means and methods for achieving the water
quality treatment and hydromodif cation requirements of the City of Chula Vista. The
recommendations of the report will be implemented through grading and
improvement plans 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.
Proj ect- specific analyses have been conducted relative to the project's potential sewer
and water impacts. A Water Supply Assessment and Verification Report analyzing
these new demands was approved by the Otay Water District's Board of Directors on
November 6, 2013.
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. The Development Services Director has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and
PC Resolution PCS -16 -01
April 13, 2016
Page 4
has determined that the project is adequately covered in previously adopted Final
Second Tier EIR (EIR- 02 -02) and a Supplemental Environmental Impact Report
(SEIR- 12- 01 /SCH 2003091012) pursuant to CEQA 15163.
5. Growth Management
The proposed project allocates additional 57 dwelling units in Neighborhood R -11.
A Supplemental PFFP had been prepared as part of Village 2 Comprehensive SPA
Plan amendment, which allowed the development of 60 additional units within
Neighborhood R -11. It 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 Traffic -Impact Analysis Village 2 Comprehensive
SPA Amendment, analyzed the impact of 1,562 additional units in Village 2, which
included up to 60 additional units within Neighborhood R -11. Any direct traffic
impacts would be mitigated through signal and road improvements that are covered
by the TD IF program (towards which the project will pay all appropriate fees).
The Project site is within the boundaries of the Chula Vista Elementary School
District (CVESD). An elementary school is planned within the Village 2 core to serve
the build -out population. The Project is also within the attendance area of Otay
Ranch High School, within the Sweetwater Union High School District (SUHSD).
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. Olen Spacc and Conservation
The Otay Ranch Resource Management Plan requires conveyance of 1.188 acres of
preserve land for every acre of non - common development area. Applicant will be
responsible for satisfying this requirement concurrently with the processing of the
final maps.. The Applicant has existing "credits" which were previously dedicated to
the Otay Ranch Preserve Owner/Manager which will be used to partially satisfy this
obligation.
7. Parks and Recreation f
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 1.61 acres of park land. This obligation will be met through the
Applicant's dedication of parkland.
PC Resolution PCS -16 -01
April 13, 2016
Page 5
8. S afety
The City Engineer, Fire and Police Departments have reviewed the proposed
subdivision for conformance with City safety policies and have determined that the
proposal meets those standards.
9. Noise
The Project has been reviewed for compliance with the Noise Element and will
comply with applicable noise measures at the time of issuance of the building permit.
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 Planning
Commission 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.
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.
II. 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 Planning Commission does hereby approve the
Project subject to the general and special conditions set forth below.
PC Resolution PCS -16 -01
April 13, 2016
Page 6
III, TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by Iaw: (a) the conditions and Code requirements set
forth below shall be completed prior to the related Final Map as determined by the Development
Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the
appropriate easement, rather than fee title. Where an easement is required the Applicant shall be
required to provide subordination of any prior lien and easement holders in order to ensure that
the City has a first priority interest and rights in such land unless otherwise excused by the City.
Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these conditions of approval, any conflict
shall be resolved by the City Manager or designee.
GENERAL/DEVELOPMENT SERVICES
1. The Applicant, or his/her successors in interest, shall develop and maintain the Project
Site in accordance with the approved plans, which include site plans, floor plans, and
elevations plan on file in the Planning Division, the conditions contained herein, and Title
19.
2, The Project shall comply with approved General Plan Amendment GPA -12 -04 and
General Development Plan Amendment PCM- 12 -17, , and the Sectional Planning Area
(SPA) Plan PCM- 12 -18, all approved November 4, 2014, including all supporting
documents including but not limited to Public Facilities Finance Plan, Parks, Recreation,
Open Space and Trails Plan, Affordable Housing Plan and Non - Renewable Energy
Conservation Plan, Air Quality Improvement Plan, Water Conservation Plan Fire
Protection Plan; and the City of Chula Vista Standard Tentative Map Conditions, as
attached hereto and incorporated herein.
3. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account
No. DQ 1696.
4. All of the terms, covenants and conditions contained within the Tentative Map for Tract
No. 11 -05 shall continue to be binding upon and inure to the benefit of the heirs,
successors, assigns and representative of the Developer as to any or all of the Property.
5. The Applicant shall implement, to the satisfaction of the Development Services Director
and the City Engineer, the mitigation measures identified in the Supplemental
Environmental Impact Report (CV SEIR 12 -01) for Amendments to the Chula Vista
General Plan (GPA 12 -04) and Otay Ranch General Development Plan. (PCM- 12 -17) and
associated Mitigation Monitoring and Reporting Program (MMRP) for the Project; and
the Otay Ranch Sectional Planning Area (PCM- 12 -18) Supplemental Environmental
Impact Report (CV SEIR 12 -01) and associated Mitigation Monitoring and Reporting
Program (MMRP) for the Project, within the timeframe specified in the MMRP.
PC Resolution PCS -16 -01
April 13, 2016
Page 7
6. The CC &R's for each HOA within the project shall contain a provision that provides all
new residents with an overflight disclosure document that discloses the following
information during any real estate transaction or prior to lease signing, as required by the
Brown Field ALUCP:
NOTICE OFAIRPORT VICINITY. This property is presently located in the vicinity of an
airport, within what is known as an airport influence area. For that reason, the property
may be subject to some of the annoyances or inconveniences associated with proximity to
airport operations (for example: noise, vibration, or odors). Individual sensitivities to
those annoyances can vary from person to person. You may wish to consider what
airport annoyances, if any, are associated with the property before you complete your
purchase or lease and determine whether they are acceptable to you.
A copy of this disclosure document shall be recorded with the City of Chula Vista as part
of project approval. Each prospective homeowner shall sign the disclosure document
confirming they have been ibformed of the vicinity of the airport prior to the purchase of
a home.
7. The Applicant shall obtain approval of a subsequent Final Map showing condominium
ownership prior to development of condominiums within any Planning Area proposing
mixed residential /commercial or multi - family residential uses.
8. The Applicant shall construct public facilities in compliance with the Otay Ranch Village
2 Comprehensive SPA Public Facilities Finance Plan (as amended from time to time) as
specified in the Threshold Compliance and Recommendations Section for each public
facility chapter. At the applicant's request, the City Engineer and Development Services
Director may, at their discretion., modify the sequence, schedule, alignment and design of
improvement construction should conditions change to warrant such a revision.
9. Prior to the first final map, the applicant will enter into an agreement to provide funding
for periods where project expenditures exceed projected revenues in compliance with
CVMC 19.09.060(J).
10. The Applicant shall dedicate, with the applicable final map, for public use all the public
streets shown on the tentative map within the subdivision boundary. The applicant shall
construct or enter into an agreement to construct and secure all street and intersection
improvements as necessary to mitigate the ;impacts of the Project and as specified in Otay
Ranch Village 2 SPA Plan Supplemental Public Facilities Finance Plan Table B.5
"Phasing Summary" and Table C.6 "Project Frontage & Access ". The Applicant shall
construct the public improvements and provide security satisfactory to the City Engineer
and City Attorney.
11. Prior to approval of any final map showing public or private streets, the Applicant shall
obtain approval of street names to the satisfaction of the Development Services Director
and City Engineer.
PC Resolution PCS -16 -01
April 13, 2016
Page 8
12. In accordance with Standard Tentative Map Condition 40: The applicant shall notify the
City at least 60 days prior to consideration of the first snap by the City if any of -site right -
of-way or any interest in real property needed to construct or install offsite improvements
cannot be obtained as required by the Conditions of Approval. After said notification, the
developer shall comply with the requirements set forth in Standard Condition 40.
13. Prior to approval of the first Final Map for the Project, the Applicant(s) shall provide an
approved amendment to the Subarea Water Master Plan (SAMP) by the Otay Water
District. The SAMP will provide more detailed information on the project such as
project phasing; pump station and reservoir capacity requirements, and extensive
computer modeling to justify recommended pipe sizes. (Engineering, Planning).
14. Prior to approval of each Final "B" Map, present verification to the City Engineer in the
form of a letter from Otay Water District that the subdivision will be provided adequate
water service and long -term water storage facilities. (Engineering, Planning)
15. Prior to approval of each Final Map or Grading Plan for the Project, the Engineer-of-
Work shall submit and obtain approval by the City Engineer a waiver request for all
subdivision design items not specifically waived on the Tentative Map, and not
conforming to adopted City standards. The Engineer -of -work request shall outline the
requested subdivision design deviations from adopted City standards and state that in
his /her professional opinion, no safety issues will be compromised. The waiver is subject
to approval by the City Engineer in the City Engineer's sole discretion. (Engineering)
16. Prior to approval of any construction permit, Applicant shall ensure that all emergency
access roads are designed with a Traffic Index of 5 and constructed out of concrete or as
approved by the City Engineer. (Engineering)
Public Facilities:
17. Prior to approval of the Final Map that contains the public transit facilities, the Developer
shall provide a deposit in the amount of $20,000 for each transit stop payable to the City
of Chula Vista for a Capital Improvement Project for future transit improvements, or
enter into an agreement to construct future transit improvements to the satisfaction of the
Chula Vista Transit Coordinator and MTS.
18. Prior to issuance of any building permit kbr a residential unit located within the City of
San Diego's easement for the Otay II Pipeline, Applicant shall relocate the waterline
from within Village Two to Olympic Parkway and La Media Road.
19. Prior to the issuance of any building permit, Applicant shall dedicate to the City of Chula
Vista, Right of Way for Santa Diana Road, Santa Victoria Road and Ortega Road within
any portion of City of San Diego's property or easement.
20. Prior to the issuance of the Applicant's 155th building permit for a unit sewering south to
the Salt Creek sewer basin, Applicant shall construct a minimum of two lanes of Heritage
PC Resolution PCS -16 -01
April 13, 2016
Page 9
Road from Olympic Parkway to Main Street to the satisfaction of the Director of
Development Services.
21. Prior to the first final map for the project developer shall agree not to protest the
formation of a reimbursement district for the construction of non -TDIF eligible
improvements associated with the construction of Heritage Road.
22. Prior to each final map developer shall either demonstrate that Poggi Sewer has adequate
capacity or upsize the inadequate segment, all to the satisfaction of the Director of
Development Services.
23. Prior to the first final map, Developer shall fund the updates of the Poggi Canyon and
Salt Creels Sewer DIFs to include the projects proposed additional units. Further, prior to
the first final map developer shall agree not to protest the update of the Poggi and Salt
Creek Sewer DIF.
24. Applicant shall agree to update the pedestrian bridge DIF to incorporate additional units
or change in facility cost or location refinements facilities prior to approval of the first
final map.
Affordable Housing:
25. Prior to approval of the first final map for the project, the Developer shall enter into a
Balanced Communities Affordable Housing Agreement, in compliance with applicable
City and State of California regulations. If an existing Affordable Housing Agreement is
already in place, Applicant shall adhere to the terms thereof.
Grading:
26. Grading plans that include freestanding walls or sound walls adjacent to 2:1 or greater
slopes more than 6 feet high shall include a minimum 2 ft. wide level bench for
landscaping and maintenance access adjacent to the wall
27. Applicant whose property is adjacent to graded slopes where landscape and irrigation is
required to be installed shall be responsible for that portion of the slope landscape and
irrigation installation.
28. Prior to City acceptance of any landscaped° areas, Applicant shall install permanent water
meters in accordance with the approved landscape and irrigation plans to the satisfaction
of the Development Services Director.
29. Prior to issuance of any grading permit, the Applicant shall ensure that all earthwork shall
balance to the satisfaction of the development services director and the city engineer.
(Land Development)
PC Resolution PCS -16 -01
April 13, 2016
Page 10
30. Prior to the issuance of any construction or grading permit which impacts off -site
property, the Applicant shall deliver to the City, a notarized letter of permission to
construct or grade and drain for all off -site grading. (Engineering)
31. Prior to issuance of any grading or construction permit based on plans proposing the
creation of down slopes adjacent to public or private streets, Applicant shall obtain the
City Engineer's approval of a study to determine the necessity of providing guardrail
improvements at those locations. Applicant shall construct and secure any required
guardrail improvements in conjunction with the associated construction permit as
determined by and to the satisfaction of the City Engineer. The guardrail shall be
installed per CalTrans Traffic Manual and Roadside Design Guide requirements and
American Association of State Highway and Transportation Officials (AASHTO)
standards to the satisfaction of the City Engineer.
32. Applicant shall ensure that, all private lot drainage and slopes comply with the current
building code used by the City of Chula Vista.
3 3. Prior to the first final map or grading permit for the Project, Applicant shall enter into an
agreement to maintain and repair any erosion caused by the Project on any offsite
property to the satisfaction of the Director of Development Services.
34. Prior to the first final map, developer shall agree to physically grade all industrial
property within Village Two South to the satisfaction of the Director of Development
Services, prior to the final map proposing the 3'000t1 unit in Village 2
Parks:
35. The Applicant shall offer for dedication, with the appropriate final maps, for public use,
all the remaining park sites identified in the SPA plan and tentative maps that have not
been previously offered for dedication (except the 0.3 acre located within R -413(b) lot 2
which shall be offered for dedication, if necessary to meet parkland obligations, prior to
approval of the final map for Neighborhood R -0(b).
36. The Applicant shall remove all easements and encumbrances in the IOD areas of park
sites in V2 prior to acceptance of parkland by the City.
37. Prior to City acceptance of parland located in the City of San Diego's easement for the
Otay 11 Pipeline, Applicant shall relocate the waterline'from within Village Two to
Olympic Parkway and La Media Road. No credits will be issued for parkland acquisition
until the easement is removed and the land is unencumbered.
Landscaping/Walls/Fences:
38. Applicant shall comply with Standard Conditions 31, 32, 34, 35, and 37.
PC Resolution PCS -16 -01
April 13, 2016
Page 11
39. Prior to approval of the grading plans for Ind -3, landscape plans depicting edge
treatments of the proposed basins and any necessary walls or fencing shall be submitted
for approval to the satisfaction of the Development Services Director.
Preserve Open Space
40. Prior to the approval of the first final map for the SPA Plan, the applicant shall annex the
project area within the Otay Ranch Preserve Community Facilities District No. 97 -2_
41. Prior to recordation of each final map the applicant shall convey fee title to land within
the Otay Ranch Preserve to the Otay Ranch Preserve Owner Manager or its designee at a
ratio of 1.188 acres for each acre of development area, as defined in the Otay Ranch
Resource Management Plan. Each tentative map shall be subject to a condition that the
applicant shall execute a maintenance agreement with the Preserve Owner Manager
stating that it is the responsibility of the applicant to maintain the conveyed parcel until
the Otay Ranch Preserve Community Facilities District No. 97 -2 has generated sufficient
revenues to enable the Preserve Owner Manager to assume maintenance responsibilities.
The applicant shall maintain and manage the offered conveyance property consistent with
the Otay Ranch Resource Management Plan Phase 2 until the Otay Ranch Preserve
Community Facilities District No. 97 -2 has generated sufficient revenues to enable the
Preserve Owner Manager to assume maintenance and management responsibilities.
Other
42. Prior to construction of a Bus Rapid Transit or Rapid Bus transit station at the corner of
La Media Road and State Street, Applicant shall coordinate with .SANDAG, the Chula
Vista Transit Coordinator and the Development Services Director for the design of such a
facility.
43. Prior to issuance of the first building permit or other discretionary permits for mixed use,
multi- family, or other non - residential developments within the project site, the Applicant
shall comply with applicable provisions of Municipal Code Section 8.24 Solid Waste
and Litter, and Section 8.25 — Recycling, related to development projects, to the
satisfaction of the Department of Public Works, Environmental Services Division. These
requirements include, but are not limited to the following design requirements:
a. The Applicant shall design mixed -u�e, multi - family, and conunercial development
projects to comply with the Recycling and Solid Waste Standards for central
collection bin services.
b. The Applicant shall design each single - family lot or residence to accommodate the
storage and curbside pickup of individual trash, recycling and green waste containers
(3 total), as approved for a small- quantity generator (single family residential use).
B. The following on -going conditions shall apply to the Project Site as long as it relies on
this approval:
PC Resolution PCS -16 -01
April 13, 2016
Page 12
1. 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.
2. 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
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.
3. 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.
4. 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
S. 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.
6. 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 Supplemental Environmental Impact Report (SEIR- 12 -01) and subsequent
PC Resolution PCS -16 -01
April 13, 2016
Page 13
environmental review for the Project and any or all entitlements and approvals issued by
the City in connection with the Project.
7. The applicant shall comply with all applicable Village Two SPA conditions of approval,
(PCM- 12 -18) as may be amended from time to time.
BE IT FUTHER RESOLVED that the Planning Commission adopt the Resolution approving
Tentative Subdivision Map 16 -0001, to subdivide a 9.8 acre site into a total of 201
condominiums.
Presented by:
Kelly Broughton, FSALA
Development Services Director
Approved as to form by:
Glen R. Googins
City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 13th day of April, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Patricia Laughlin, Secretary
Yolanda Calvo, Chairperson