HomeMy WebLinkAboutPCS 2016-0006RESOLUTION NO, PCS16-0006
Riti',St)1t.,1lTIO-N OF THE CITY OF CHi7LA VISTA PLANNING
COiJMISSI0P4 APPROVING A "T'EN'TATIVE SUBDIVISION MAP
PCS16-0006 TO ADJUST LOT LTNES AND NEIG14BORII00D
:BOUNDARIES LOCATED IN THE O`I'AY RANCH VILLAGE 2 SOU'T'H
AREA NEIGHBORHOODS R -17A, R-17B(a), R-18A(c), R-18A(d), R-
18B(A), R -19A, R-20 AND R -21A
WIIEREA S, on June 23, 2016, a duly verified application for a Tentative Subdivision
Map (PCS16-0006, Chula Vista Tract No. 16-0006) was filed with the City of Chula Vista
Development Services Department by Baldwin & Sons, LCC and Cornerstone Communities
("Applicant" and "Owner"); and
WHEREAS, Applicant requests approval to adjust lot lures and neighborhood boundary
lines as a. result of new ownership and density I3e1weell neighborhoods resulting in the
k:'doctiorr of 17 multi -tinnily units from ncighrborlioocl R-17131(bf and tr::Insferring an equivalent of
10 single-family ltnits to neighborhoods R-18B(a), R -19a, and R -21a. Neighborhood boundary
lot lines adjustments will also occur in neighbortloods R -17A, R-17B(a), R-18A(c),R-18A(d),
&Tv -1 (�-'20 within the OR VLC, 2 South area (`Project") an(J1 said project site; and
WHEREAS, the area
J. itL
lcfcparcel ltit;3ted in
R -17A, R-17B(a), R-.18A(e),
(`Project Site"); and
of land that is the subject of this Resolution is an existing
the cL-3tcm 1.or•tioit o" €3tay Ranch Village 2 Neighborhood
R-18A(d), R-18B(a), R -19a, R-20, and R -21a, Chula Vista
WHEREAS, the Development Services Director .has reviewed the proposed project for
compliance with the California Environmental Quality Act (CI QA) and has detenrlined that the
project was adequately covered in previously adopted Final Second "Pier EIR (FSEIR -12-02). No
further environmental review or docurnentation isnecessary; and
W4IEREAS, the Development Services :Director set the date for the hearing of the
E entative Subdivision Map application, and notice of the hearing was given by its publication in
a newspaper of general circulation in the City, together with its purpose, and mailed to property
owners and residents within. 500 feet of the exterior boundaries of the Project Site at least 10
days prior to said hearing date; and
WHEREAS, the Bearing was held at the time and place as advertised, namely September
28, 2016 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Conunission and the hearing was thereafter closed; and
WHEREAS, the City of Chula Vista Plamiing Commission reviewed and considered the
Tentative Subdivision Map (PCS 16-0006).
PC Resolution PCS16-0006
September .28, 2016
Page 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Conu-nission does hereby
find and determine as follows:
I. ENVIRONMENTAL REVIEW
That the Planning Commission of the City of Chula Vista, in the exercise of its
independent judgment, as set forth in the record of its proceedings, considered the review
conducted by the Director of Development Services for compliance with the CEQA, and
has determined that the Project was adequately covered in previously adopted Final
Second Tier EIR (FSEIR -1202). No further enviromnental review or documentation is
necessary.,
II. PLANNING COMMISSION RECORD
Record of the proceedings of the Planning Commission at their public hearing on
September 28, 2016, including their vote upon the Planning Commission Resolution
recommending approval, along with any relevant comments, are hereby incorporated into
the record of this proceeding. These documents, along with any documents submitted to
the decision makers, shall comprise the entire record of the proceedings for any CEQA
claims.
III. WAIVER OF PUBLIC FACILITIES FINANCING PLAN
Pursuant to Chula Vista Municipal Code (CVMC) 19.09.080, the Planning Commission
hereby finds that the requirement for a Public Facilities Financing Plan is hereby waived
because the Project is infill development located in a developed portion of the City where
adequate public facilities exist or wilt be provided concurrent with development of the
Project Site, therefore, there are no public service, facility or phasing needs that warrant
the preparation of a Public Facilities Financing Plan.
IV. 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 and Circulation
The General Plan land use designation is Residential Low -Medium. The
implementing zone is Planned Community. The proposed project is consistent with
this land use designation as its density falls within the prescribed GDP range for each
neighborhood, Otay Ranch GDP and Village 2 SPA Plan permit density/intensity
transfer of units between neighborhoods and land uses. The Otay Ranch GDP do not
restrict transfer between different land uses, so the applicant is proposing a 1.67 SF to
MF unit equivalency ratio based on the higher development impacts that Single-
PC Resolution PCSI6-0006
September 28, 2016
Page 3
Family units generate. A total of 17 multi -family units are needed to offset 10
additional single-family units. The 17 multi -family units are proposed to be
transferred front Neighborhood R -I 7B(b), which is zoned RM -2.
The proposed project furthers the policy objective for "Urban Villages" to `provide a
wide range of residential housing opporlunities... 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. Economic Development
The Project will provide new, high-quality, energy-efficient single-family homes that
will erdiance the image and appearance of the neighborhood, and create jobs related
to construction of the homes that will benefit the local economy. Approval of the
Project will help achieve General Plan objectives that seek to promote a variety of job
and housing opportunities to improve the City's jobs/housing balance, provide a
diverse economic base, and encourage the growth of small businesses.
3. Public Facilities and Services
The Project is within the boundaries of the Chula Vista Elementary School District
(CVESD). Two elementary schools are planned within the Village 2 core to serve the
build -out population, The Project is also within the attendance area of Rancho del
Rey Middle School until a 7-12 grade school is constructed in Otay Ranch Village
Eleven. The Project is also within the attendance area of Otay Ranch High School,
within the Sweetwater Union High School District (SUHSD). The proposed Project
will not require any changes since no additional residential units are being proposed.
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
demand for the total number of units within the Otay Ranch Village 2 SPA 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
PC Resolution PC:S16-0006
September 28, 2016
Page 4
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.
4. Housir�
The Project is consistent with the density prescribed within the Residential Low-
Modiutn General. Plan designation, and will provide additional opportunities for high-
quality, market -rate single-family residential home ownership and multi -family
homes in the eastern portion of the City. Project construction will be required to
comply with the 2013 California Green Building Standards, the City's Green
Building Standards and the City's Energy Efficiency Ordinance, therefore energy-
efficient homes will be developed.
5, Growth Manag_enment
The Project. is in compliance with applicable Growth Management Element
requirements because no additional units are being proposed that will be served by
the existing or future public infrastructure. A Supplemental PFFP had been prepared
as part of Village 2 Comprehensive SPA Plan amendment, which allowed the
development of these units within Otay Ranch Village 2 South. 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.
6. Enviromnental
The proposed project has been reviewed in accordance with the requirements of
CEQA. The Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has
determined that the project was adequately covered in previously adopted Final
Second Tier EIR (FSEIR -12-01). No further environmental review or documentation
is necessary.
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 development of the site
will be subject to site plan and architectural review to insure the maximum utilization of
natural and passive heating and cooling opportunities.
PC Resolution PCS16-0006
September 2.8, 2016
:Page 5
C, Pursnatit 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. Pursuant to Government Code Section 66474 (a) -(g) of the Subdivision Map Act, the
proposed Project:
(a) is consistent with applicable general and specific plans as specified in Section 65451
because the General Plan designation Residential Medium Low (RLM), allows for a 1.67
SF to MF unit equivalency ratio based on the higher development impacts that Single -
Family units generate.
(b) design or improvement is consistent with applicable general and specific plans. The
Project's design is consistent with the Planned Community (PC) zoning classification
which is consistent with the General Plan's RLM designation.
(c) site is suitable for the proposed density of development. The Project's meets the
allowed density range of a 1.67 SF to MF unit equivalency ratio based on the higher
development impacts that Single -Family units generate.
(d) site is physically suitable for the type of development. The Project is surrounded by
single family and multi -family development with existing and future access and
infrastructure to serve the Project.
(e) the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat. 'rite Project has been designed to minimize landform disturbance with cut
and fill slopes balance, and a habitat restoration plan has been prepared that avoids
permanent disturbance or injury to wildlife or their habitat.
(f) the design of the subdivision or type of improvements is not likely to cause serious
public health problems because the Project has been designed to have plenty of
separation between homes, able to be served by fire and emergency services, and located
over 500 feet from a major highway.
(g) subdivision or the type of improvements will not conflict with easements, acquired by
the public at large, for access through or use of, property within the proposed subdivision.
In this connection, the governing body may approve a map if it finds that alternate
easements, for access or for use, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This subsection shall apply only to
easements of record or to easements established by judgment of a court of competent
jurisdiction and no authority is hereby granted to a legislative body to determine that the
public at large has acquired easements for access through or use of property within the
proposed subdivision. The project's roadways and utilities are within and are not in
conflict with existing easements.
PC Resolution PCS 16-0006
September 28, 2016
Page 6
E. The site is physically suited for residential development, because it is an infill site and is
located adjacent to existing residential developments. The Project conforms to all
standards established by the City for a residential developrnent.
F. The conditions herein imposed on the grant of permit or other entitlement herein
contained are approximately proportional both in nature and extent to the impact created
by the proposed development.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
approve the Project subject to the general and special conditions set forth below.
V. '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 Tentative Subdivision Map, Chula Vista Tract No. 16-0006, located in
neig(rborhoods R-1SB(a), R-1 9a, and R -21a within the OR VLG 2 South area.
VI. SPECIAL, CONDITIONS OF APPROVAL
A. Unless otherwise specified, all conditions and code requirements listed below shall be fully
completed by the Applicant, Owner or Successor -in -Interest to the satisfaction of the
Development Services Director, or designee, prior to approval of the Final Map, unless
otherwise specified:
GENERAL/DEVELOPMENT PLANNING
1. The Project shall comply with the City of Chula Vista Standard Tentative Map
Conditions, described in Section 5 of the City Subdivision Manual,
2. Prior to issuance of the first building permit for the Project, the Applicant shall pay in full
any unpaid balance for the Project, including Deposit Account No. DQ3223.
3. Prior to the first building permit, the Applicant shall submit to the Development Services
Department four (4) copies and a CD of the updated tables and maps to the Otay Ranch
SPA 2 Plan.
LAND DEVELOPMENT DIVISION
4. The Applicant shall comply with all applicable conditions of approval for Tentative Map
No. 11-05 and the City's standard conditions per Section 500 of the Subdivision Manual
and PFFP.
PC Resolution PCS 16-0006
September 28, 2016
Page 7
5, The Applicant shall be required to pay Land. Development Fees based on the final
approved building plans for the project.
a. Sewer Connection and Capacity Fees
b. Traffic Signal Fees
c. Public Facilities Development Impact Fees (PFDIF)
d. Western Transportation Development Impact Fees (WTDIF)
e. Other Engineering Fees as applicable per attached Master Fee Schedule.
6. Additional deposits or fees in accordance with the City Subdivision Manual, and Master
Fee Schedule will be required for the submittal of the following items:
a. Grading Plans
b. Street Improvement Plans
c. Construction Permit
d. Tentative Map, and Final Map
7. Payment of the Park Acquisition and Development (PAD) fee per dwelling unit is
required prior to the issuance of the first Building Permit in accordance with CVMC
17.10.100. The PAD fee is adjusted on an annual basis on October 1 based on the
Engineer Construction Cost Index.
8. Prior to the approval of any building permit, the Applicant shall submit duplicate copies
of all commercial, industrial or multifamily Projects in digital format, such as (DXF)
graphic file, on a CD or through e-mail based on California State Plane Coordinate
System (NAD 83, Zone 6) in accordance with the City's Guidelines for Digital Submittal.
DXF file shall include a utility plan showing any and all proposed sewer or storm drains
on site.
9. All driveways shall conform to the City of Chula Vista's sight distance requirements in
accordance with Section 18.16.220 of the Municipal Code. Landscaping, street furniture,
or signs shall not obstruct the visibility of driver at the street intersections or driveways.
10, The Applicant shall obtain a Land Development Permit prior to beginning any earthwork
activities at the site and before issuance of Building Permits in accordance with
Municipal Code Title 15.05. Applicant 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 by
the City 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 downstream properties
and storm drain facilities are impacted. Design shall incorporate detention of
PC Resolution PCS16-0006
September 28, 2016
Page 8
storm water runoff if Post -Development flows exceed Pre -Development flows;
analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms.
e. Drainage study shall also demonstrate that no property damage w411 occur during
the 100 -year storm event.
d. Drainage study shall show any offsite flows.
e. All onsite drainage facilities shall be private.
f. Any offsite work will require Letters of Permission from the adjacent property
owner(s).
11. The Applicant shall provide 2 copies of the following technical reports with the 1St
submittal of Grading Plans:
® Drainage Study
• Water Quality Technical Report
Geotechnical Report
12. Temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street right
of way, city easements or City -owned Open Space Lots will require an encroachment
permit.
13. Prior to approval of the Grading Plan, clearly identify the limits of the 100 year flood
plain boundaries of the drainage way located within the property.
14. The project shall comply with all requirements of the Chula Vista Development Storm
Water Manual (Storm Water Manual) for both construction and post -construction phases
of the project. Prior to building permit approval, documentation shall be provided, to the
satisfaction of the- City Engineer, to demonstrate such compliance.
15. Site design shall include features to meet NPDES Municipal Pennit Standards. These
features shall maximize infiltration and minimize impervious land coverage while
conveying storm water runoff.
16. Site runoff shall be directed to a bioretention BMP. The bioretention BMP shall be
designed in accordance with criteria established in the Countywide Model SUSMP and
the California Stormwater Quality Association (CASQA) Storm Water Best Management
Practices Handbook, BMP # TC -32. Details of the bioretention facilityshall be shown on
the final Grading Plans.
17. The Applicant shall enter into a Storm Water Management Facilities Maintenance
Agreement to perpetually maintain private BMP's. located within the project prior to
issuance of any Grading or Building Permits, whichever occurs first.
18.Irnprovement Plans in conformance with the City's Subdivision Manual and a
Construction Permit will be required prior to issuance of any Building Permits. The
Improvement Plan shall include but not be limited to:
® Removal and replacement of any broken or damaged curb, gutter, and sidewalk
per SDRSD G-2, and G-7 along the project's frontage to the satisfaction of the
PC Resolution PCS16-0006
September 28, 2016
Page 9
City Engineer. Sidewalk shall be designed and constructed with proper transitions
to existing conditions.
® Additional asphalt paving for the replacement of the existing curb, gutter and
sidewalk.
® Installation of curb, gutter, and sidewalk per SDRSD G-3 along the project's
frontage. Sidewalks shall be designed and constructed with proper transitions to
existing conditions,
0 Install a Concrete bus pad and a bus shelter on Santa Diana Road.
• Relocation of existing utilities, as determined by the City Engineer.
19. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
20. The construction and completion of all improvements and release requirements shall be
secured in accordance with Section 18.16.220 of the Municipal Code including offsite
improvements surrounding the Project.
21. For the proposed private sewer facilities, manholes shall be used where 6" mains or
larger are connected to public sewer.
22. The onsite sewer and storm drain system shall be private. All sewer laterals and storm.
drains shall be privately maintained from each building unit to the City -maintained public
facilities.
23. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24
standards, as applicable.
24. The Applicant shall enter into an agreement prior to approval of the Final Map to secure
all Public Improvements required for the development of the Project.
25. The Applicant shall be required to process a Final Map (FM) to create the 48 multi-
family units. The form and content of the FM shall be in accordance with the City of
Chula Vista Subdivision Manual. The preparation of the FM must be under the direct
supervision of a Registered Civil Engineer. A Registered Civil Engineer stamp must be
included on the FM.
26. Prior to Final map, Grading or Street Improvement Plan approval, the 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), SSRI GIS shapefile, file, or personal geodatabase (ArcGIS version 9.0 or
above). The files should be transmitted directly to the GIS section using the city's digital
submittal file upload website at 11ttp://www.chulavistaca.gov/goto/GIS. The data upload
site only accepts zip formatted files.
PC Resolution PCS16-0006
September 28, 2016
Page 10
27. The Applicant shall submit CC&,R's as approved by the City. Attorpey to the City
Engineer and Development Services Director for approval prior to approval of the Final
Map. Said CC&R's shall include the following:
a) Indemnification of City for private sewer spillage.
b) Listing of maintained private facilities.
c) The City's right but not the obligation to enforce CC&R's
d) Provision that no private facilities shall be requested to become public unless all
homeowners and 100% of the first mortgage oblique have signed a written
petition.
e) Maintenance of all walls, fences, lighting structures, paths, recreational amenities
and structures, sewage facilities, drainage structures and landscaping,
f) Implement education and enforcement program to prevent the discharge of
pollutants from all onsite sources to the storm water conveyance system.
28. Said CC&R's shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and
shall be recorded concurrently with the Final Parcel Map.
29. Prior to Improvement Plan or Building Permit approval, the Applicant shall submit and
receive approval for an Encroachment Permit for any private facilities within Public
right-of-way or City easements
30. Prior to approval of any building permit, the Applicant shall submit a construction
landscape plan for the review and approval by the City's Landscape Architect.
31. Prior to approval of the first final map, the Applicant shall submit a conceptual landscape
irrigation plan for the review and approval by the City's Landscape Architect.
32, The Applicant shall be responsible for the installation of the slopes landscape and
irrigation design and installation of all slopes in and adjacent to the properties on this
map. The design and installation shall be completed to the timeline stated in the City of
Chula Grading Ordinance.
FIRE DEPARTMENT
33. The Applicant shall apply for required building permits. Permits shall comply with
applicable codes and requirements, including but not limited to: the current California
edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, and Residential
Code as adopted and amended by the State of California and the City of Chula Vista.
34. Where a portion of the building is more than 400 feet from a hydrant on a fire apparatus
access road, as measured by an approved route around the exterior of the building, on site
fire hydrants and mains shall be provided.
35. Fire Hydrants shall be located and spaced in accordance with California Fire Code.
PC Resolution PCS16-0006
September 28, 2016
Page 11
36. Underground fire service utilities shall be tinned and installed so that miniznuin fire flows
are afforded throughout the phased construction. The phasing shall afford minimum lire
flow and respective pressures.
37. Roadways and water supply shall be constructed and operational at the time combustible
construction is brought on site.
The, following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
38. Approval of this request shall not waive compliance with any sections of the CVMC, and
any other applicable. City Ordinances in effect at the time of building permit issuance.
39. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its Planning Commission members, officers, employees and
representatives, from and against any and all liabilities, Iosses, 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 Resolution 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.
40. 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.
41. 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 pennits, 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.
VII. 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
PC Resolution PCS 16-0006
September 28, 2016
Page 12
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, resp rvations, 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.
VIII. EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood and
agreed to the conditions contained herein, and will implement same. Upon execution, this
document steal be signed and returned to the City's Development Sorvices Department,
signature of Applicant Date ----�_
Printed Nanre of Applicant
Signature of Property Owner----
Printed Name of Property Owner
Signature of Pvdperty Owner
Printed Name of Property Owner
/0Iq it 6
Date
Date
IX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions 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, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. Failure to satisfy the conditions of this
permit may also result in the imposition of civil or criminal penalties.
PC Resolution .PCS16-0006
September 28, 2016
Page 13
X. TNV.^ .LIT)I'T'Y; AUTOMATIC REVOCATION
It is the :intention .of the :Planning Commission that its adoption of this Resolution is
dependent upon the enforceability of each .and every terns, provision and condition herein
stated; and that in the event that any one or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further force
and effect,
BE IT FURTHER RESOLVED that the Planning Commission adopt the
Resolution approving Tentative Subdivision Map PCS16--0006, to adjust lot .lines and
neighborhood boundary lines as a .result of thew ownership and density transfers between
neighborhoods resulting in the reduction of 17 multi -family units from neighborhood R -
1713(b) and transferring an equivalent of 10 singlo-family units located in -neighborhoods
R-18B(a), R-1 9a, and R -21a within the OR VLG 1 Sou h area-
PrEsent�sd by: Npproved as to form by:
Kell% Broughton, FSALA G
Development Services Director. ortaey
PASSED AND APPROVED BY THE PLANNING (--,'O \4N41SSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 28"' day of September, 2016, by the following vote, to wit:
AYES: Anaya, Fuentes, Gutierrez, Livag, Nava
NOES:
ABSF,N`I': Zaker
ABSTAIN: Calvo
41 We % Ll'�4 6 roes C/l/10 I of C. 4 (_ "e 0
Yolanda Calvo, Chairperson
ATTEST:
'212241-4-�
Patricia Laughlin, Secretary `,`