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HomeMy WebLinkAboutPCS 2016-01RESOLUTION NO. PCS -16 -01 RESOLUTION OF TIME 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 I 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 cast 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 EIR (EIR- 02 -02) and a Supplemental Environmental Impact Report (SEIR- 12- O1 /SCH 2003091012) 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 bearing 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- 11 is H (High Density Residential). The proposed project is consistent with this land use designation as its density (20.5 du/ac) fails within the prescribed GDP range for this category (18 -27 du/ac). The implementing zone for Neighborhood R -I1 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 mixed uses in the village cores" and to "provide a uvide range of residential housing opportunities... ivhich promotes a blend of multi family and single-family housing .styles and densities, integrated and compatible n,ith 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 hydromodification 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. Project- 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 TDIF 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. Open Space 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. w 7. Parks and Recreation 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. Safety 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 EIement 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 law: (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. ENERAL/DEVEL,OPMENT 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 OF AIRPORT 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 f°om 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 informed 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 th&impacts of the Project and as specified in Otay Ranch Village 2 SPA Plan Supplemental Public Facilities Finance Plan Table 13.5 "Phasing Surnmary" 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 map 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 for a residential unit located within the City of San Diego's easement for the Otay I1 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 155'h building permit for a unit severing south to the Salt Creek sewer basin, Applicant shall construct a minimum of two lanes of Heritage PC Resolution PCS -I6 -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 Creek 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 pen-nit 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. 33. 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 3,000t11 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 -4B(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- 4B(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 parkland located in the City of San Diego's easement for the Otay H 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 l l 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 1.1$$ acres for each acre of development area, as defined in the Otay Ranch Resource Management Plan. Each tentative snap 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 -ilse, multi- family, and commercial 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 Cow -icil 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. 5. 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, (P CM- 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. Pre s nted by: Kelly Broug zton, FSALA Development Services Director 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: ANAYA, FUENTES, LIUAG, NAVA NOES: NONE ABSENT: FRAGOMENO, GUTIERREZ ABSTAIN: CALVO Yolanda Calvo, Chairperson ATTEST: 6. Patricia Laughlin, Secretary