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HomeMy WebLinkAboutReso 2020-036RESOLUTION NO. 2020-036 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE OTAY RANCH VILLAGE EIGHT EAST SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT TO REMOVE 284 RESIDENTIAL DWELLING UNITS I. RECITALS A. Project Site WHEREAS, the area of land that is the subject of this Resolution is represented in Exhibit 1 attached hereto and incorporated herein by this reference, and commonly known as Otay Ranch Village Eight East, and for the purpose of general description herein consists of approximately 575.3 acres generally located south of Main Street and west of SR-125 (Project Site); and B. Project; Application for Discretionary Approvals WHEREAS, in May 2019, a duly verified application requesting an amendment to the Village 8 East Sectional Plan Area (SPA) Plan (MPA19-0013) to remove 284 residential dwelling units (Project), was filed with the City of Chula Vista Development Services Department by HomeFed Village 8, LLC (the “Applicant” and “Owner”); and C. Prior Discretionary Approvals WHEREAS, the Village 8 East SPA Plan was adopted by the City Council on December 2, 2014, by Resolution No. 2014-235 (Exhibit 2), wherein the City Council, in the environmental evaluation of said SPA Plan, relied on the Otay Ranch University Villages Project Environmental Impact Report No. 13-01, SCH No. 2013071077 (EIR- 13- 01); and D. Environmental Determination WHEREAS, the City’s Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project was adequately covered in the previously certified Otay Ranch University Villages Final Environmental Impact Report 13-01, SCH#2013071077 (FEIR-13-01). Thus, no further environmental review or documentation is required; and E. Planning Commission Record of Application WHEREAS, the Development Services Director set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least ten (10) days prior to the hearing; and DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2020-036 Page No. 2 WHEREAS, the Planning Commission held an advertised public hearing on the Project; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project and the Minutes and Resolution resulting therefrom, are incorporated into the record of this proceeding; and F. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, to hear public testimony with regard to the same. The proceedings and any documents submitted to the City Council as the decision-makers shall comprise the entire record of the proceedings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine, as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council through its independent judgment hereby finds that the Project has no substantial changes which would require revisions to the Otay Ranch University Villages FEIR 13-01. Therefore, no new environmental effects or no new mitigation measures are required in addition to those already in existence and made a condition for the implementation of Village 8 East. III. SPA FINDINGS A. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND ITS SEVERAL ELEMENTS. The proposed Village Eight East SPA Plan amendment is consistent with land use designations, circulation, and public facilities in the City of Chula Vista General Plan and the Otay Ranch General Development Plan. The proposed SPA Plan amendment is compatible with previously approved plans and regulations applicable to surrounding sites and, therefore, the proposed SPA Plan amendment can be planned and zoned in coordination and substantial compatibility with surrounding development. DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2020-036 Page No. 3 B. THE PROPOSED SPA PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The proposed Village Eight East SPA Plan amendment will not impact the orderly sequentialized development of the SPA Plan area, and the Project will continue to be developed in a manner that is consistent with the Project’s Planned Community District Regulations, Phasing Plan, and Public Facilities Financing Plan. C. THE PROPOSED SPA PLAN AMENDMENT WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed SPA Plan amendment has been reviewed and has been determined to be consistent with the overall land use pattern and circulation system envisioned in the Chula Vista General Plan and the Otay Ranch General Development Plan. The removal of 284 residential dwelling units reduces the need for public facilities and services. Thus, the proposed SPA Plan will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. IV. CONDITIONS OF APPROVAL All Conditions of Approval for previously approved Village 8 East SPA Plan by City Council Resolution 2014-235 shall remain in full force and effect, and Resolution 2014-235 is attached as Exhibit 2 to this resolution with said Conditions of Approval incorporated herein. V. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other 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 Government Code 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. VI. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and the Developer shall execute this document by signing the lines provided below, said execution indicating that the Property Owner and Developer/Applicant have each read, understood and agreed to the conditions contained in DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2020-036 Page No. 4 this Resolution and will implement same to the satisfaction of the Development Services Director. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the Property Owner and/or Developer/Applicant, and a signed, stamped copy returned to the City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the Property Owner and Developer/Applicant's desire that the Project, and the corresponding application for Building Permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Erin Ruhe, Vice President Date HomeFed Village 8, LLC. Signature of Applicant Erin Ruhe, Vice President Date HomeFed Village 8, LLC. VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Applicant or successor in interest by the City approval of this Resolution. VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the City Council so determines in its sole discretion, this Resolution shall be deemed to be revoked and no further in force or in effect ab initio. DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B 3/6/2020 3/6/2020 Resolution No. 2020-036 Page No. 5 BE IT FURTHER RESOLVED, that based on the above-referenced findings and Conditions of Approval, the City Council does hereby approve the Village Eight East SPA Plan amendment. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of February 2020 by the following vote: AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2020-036 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of February 2020. Executed this 18th day of February 2020. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2020-036 Page No. 6 EXHIBIT “1” DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B RESOLUTIOI I O. 2014-235 RESOLUTIOI' OF THE CITY COUt'CIL OF THE CITY OF CHLIL.A VIST.A APPROVII G THE OTA1' RAI CH VILLAGE EIGHT EAST SECTIOI'AL PLAI'T ilr'G AREA (SPA) PL.AI' PROPOSII'G 943 SII'GLE-FAMILY DVdELLIt'G UI'ITS. 2.617 MULTI-FAMILl' DA'ELLING U1'ITS. AND A MIt`iIMUM OF 20,000 SQUARE FEET OF RETAIL COMMERCIAL USES FOR AI' APPROXiLATELY 7.3 ACRE SI7'E LOCATED PRLMARILl' SOUTH OF MAII' STREET AND V'EST OF SR- 12 I.RECITALS A. Project Site WHEREAS, the area of land that is the subject of this Resolution is dia rammaticall represented in Ezhibit "1" attached to and incorporated into this Resolution. and commonl} l:no n as Otav Ranch Village Eight East; and for the purpose of eeneral description herein consists of approzimatel} 7 3 acres generalh located south of A4ain Street and west of SR-12 (Project Site); and B. Project; Application for Discretionarv Approvals V'HEREAS, on March 8, 2012, a duly erified application requesting appro al of Sectional Plan Area (SPA) Plan (PCM-12-04): as filed with the Cin of Chula Vista De elopment Senices Department b SSBT LCRE V, LLC (the "Applicanr' and "O mer''): and WHEREAS, the proposed SPA Plan is entitled '`Sectional Plannin Area Plan. Village Eieht East. Jul- 2014" (the "Project") hich includes and is incorporated therein all of the attached Appendices, on file in the Office of the City Clerk; and C. Prior Discretionar}Appro als WHEREAS, the de elopment of the Project Site has been the subject matter of a General Plan Amendment GPA-10-02; and the Otay Ranch General Development Plan Amendment GDPA 09-28: approved by the City Council on December 2, 2014, by Resolution No. 2014-233 (GPA/GDPA Resolution) wherein the Cin Council; in the environmental evaluation of said GPA/GDPA. relied on the Otav Ranch Universit Villaees Project En ironmental Impact Report No. li-01, SCH No. 2013071077 (EIR- li-01); and Exhibit 2 DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2014-23 Page No. 2 D. Environmental Determination VdHEREAS, the Ciq's Development Services Director has reviewed the Project for compliance ith the CaliFomia Environmental Qualit Act (CEQA) and determined that the Project would result in a significant impact to the environment, and therefore has prepared the Universin Villages Project EIR-13-01 that includes the Village Eieht East Sectional Planning Area and Village Eight East Tentative Map; and E. Planning Commission Record of Application WHEREAS, the Development Services Director set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the Cit} and its mailing to property owmers within 500 feet of the exterior boundary of the Project Site at least ten (]0) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 19, 2014; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on November 19, 2014 and the Minutes and Resolution resulting therefrom, are incorporated into the record of this proceeding; and F. City Council Record of Application VdHEREAS; the City Clerk set the time and place far the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a neH spaper of general circulation in the City and its mailing to property owners vithin 500 feet of the ezterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project as held before the Cip Council on December 2, 2014 in the Council Chambers in the Cin Hall, Chula Vista Civic Center; 276 Fourth Avenue, at 2:00 p.m. to hear public testimony with regazd to the same. The proceedings and any documents submitted to the City Council as the decision-mal;ers shall comprise the entire record of the proceedings; and HEREAS, immediately prior to this action, the City Council reviewed and certified Final E[R li-Ol (FEIR-L.i-01) and adopted the Findings of Fact, Statement of Ovemding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution No. 2014-232. NOW, THEREFORE, BE IT RESOLVED that the City Council of the Ciry of Chula Vista does hereby find, de[ermine, and resolve as follows: DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2014-235 Paee No. 3 II. CERTIFICATIO?v OF COMIPLIANCE 'ITH CEQA The City Council, in the exercise of theu independent revie and judgrnent; immediateh prior to this action, re iewed and certified FEIR-li-01 and adopted the Findings of Fact, Statement of Ovemding Considerations. and Mitieation A4onitorine and Reporting Pro am. as represented in Exhibit "2" which is incorporated herein b}this reference and on file in the Office of the Cirn Clerk. llI. SPA FII TDIIvGS A. THE PROPOSED SECTIONAL PLAI TI iING AREA PLAI' ]S II' CONFORI 4ITY 4'ITH THE OTAZ' RAI'CH GEI TERAL DEVELOPMEI'T PLAI`' AI`iD ITS SEVERAL ELENLENTS. The proposed Village Eight East SPA Plan reflects land use desienations; circulation, and public facilities that aze consistent vith the Otav Ranch General Development Plan and the Cin- of Chula Vista General Plan. The proposed SPA Plan is compatible tiith previousl} appro ed plans and regulations applicable to surrounding sites and, therefore. the proposed SPA Plan can be planned and zoned in coordination and substantial compatibility ith surroundine de elopment. B. THE PROPOSED SPA PLAI' WILL PROMOTE THE ORDERLY SEQUEI iTIALIZED DEVELOPA4EI TT OF THE INVOLVED SECTIONAL PLP.i\TII iG AREAS. The proposed VillaQe Eiaht East SPA Plan -ill promote the orderlv sequentialized development of the SPA Plan area because the project ill be de eloped in a manner that is consistent ti th the projecrs Planned Communirv District Rewlations. Phasine Plan. and Public Facilities Financin¢ Plan. C. THE PROPOSED SPA PL.Ai\' 1%OULD \'OT ADVERSELY AFFECT ADJ.ACE1'T LAi\TD liSE. RESIDENTIAL EI'JOYIvIENT. CIRCULATION OR ENVIRO\TMENTAL QUALITl'. The proposed SPA Plan has been re ie i ed and has been determined to be consistent ith the o=erall land use pattem and circulation s stem en isioned in the Ota} Ranch General De elopment Plan. Em ironmental Impact Report FEIR - li-01 and iu associated A4itieation D4onitoring and Reponing Pro am ha e been prepared and an} impacts associated cith the proposed SPA Plan would be mitigated to the extent feasible. Thus, the proposed SPA Plan ill not adverseh affect the adjacent land uses; residential enjo}nent. cuculation or environmental qualin of the surroundine uses. DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2014-235 Paee No. 4 N. COI'DITIONS OF APPROVAL 1. Prior to approval of anv land development permits, the Applicant shall demonstrate that the applicable Air Qualit} Improvement Plan (AQIP) project design features and measures outlined in the Air Quality lmprovement Plan pertaining to the design, construction and operational phases of the project have been incorporated in the Project design. 2. Prior to issuance of buildine permits or approval of landscape construction plans, the Applicant shall implement the applicable mandatory water qualiry conservation measures of the Water Conservation Plan of the SPA Plan. 3. Prior to approval of any Project proposing private development of propert} designated for a school use, prior to the eapiration of the school site reservation, the Applicant sha1L• a. Pro ide evidence and proof of agreement from the applicable school district that the site has not been determined by the district to be needed for use as a school site. b. Obtain approval of a SPA and Administrative Amendment appro ing the underlying use for the site(s) pursuant to SPA Section 10. 4. 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 an} or all of the Property. For the purpose of this document "Developer" shall have the same meaning as "Applicant." 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 al] 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. 6. The Applicant shall indemnify, protect, defend and hold the City its agents, officers and employees harmless from and against any and all claims, liabilities and costs, induding attomeys' fees, arising from challenges to the Village 8 East Sectional Planning Area Plan and Tentative Map Environmental Impact Repori (EIR-13-01) Mitigation Monitoring and Reporting Program for the Project, the Otay Ranch Village Eight East Sectional Planning Area (SPA, PCM-12-04) Plan, and/or any and all entitlements issued by the Cin in connection with the Project. The Applicant and the City agree that the indemniri provisions contained in the Development Agreement satisfy this condition. DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2014-23 Pace I'o. 7. The Applicant shall comph with all conditions of appro aL guidelines, policies. and any other applicabie requirements of the follo;ng plans and programs, as amended from time to time: The City of Chula Vista Municipal Code; the Chula Vista Subdi ision Manual; City of Chula Vista Multiple Species Conser ation Program (MSCP) Subazea Plan; City of Chula Vista Desien and Construction Standazds, the Development Storm Vdater Manual for Development and Redevelopment Projects: the City of Chu1a Vista Grading Ordinance, CVA4C 1.04: the State of Califomia Subdi ision Map Act; the Cin of Chula Vista General Plan: the Cin's Gro nh Manasement Ordinance: Chula Vista Desian Manual; Chula Vista Landscape Manual; Chula Vista Fire Facilin Master Plan, and Fire Department Policies and Procedures; Ota Ranch General De elopment Plan, Ota Ranch Resource ManaQement Plan (RMP) Phase 1 and Phase 2, including the Preserve Conve ance Schedule; Cin of Chula Vista Adopted Pazks and Recreation Master Plan, Otav Ranch Wide Affordable Housine Plan: Otav Ranch O erall Desi2n Plan: Ota Ranch Villaee Eieht East Sectional Planning Area (SPA; PCM-12-04) Plan and supporting appendices. including: Public Facilities Finance Pian (PFFP), Affordable Housing Plan. .Air Qualin Impro ement Plan (AQIP). Agricultural Plan, Fire Protection Plan. Non-Rene«able Eners Consen ation Plan. Preserve Edee Plan, and Water Consen ation Plan (N'CP), as amended from time to time; and Villaee Eieht East Tentati e Map (TA4) CVT-13-03. The Project shall comph vith all applicable mitisation measures specified in the Uni ersin Villaees Project (EIR-13-01) Mitigation n4onitorine and Reporting Program, as they relate to the Village Eisht East Sectional Plannine Area Plan and Tentative A4ap Environmental Impact Repon to the satisfaction of the Development Sen ices Director. 8. The Applicant acknoN ledees and a rees to compl} ith the pro isions of the City of Chula Vista Greenbelt Master Plan (September 16; 2003) as expressed in the SPA Plan. 9. The Project shall satisfi- the requirements of the Parkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter 17.10. The Ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neiehborhood pazks. O eral] park obli ation shall be met through the pa ment of fees, dedication of land; or a combination thereof in a manner acceptable to the Director of Development Services. 10. Phasine approved H ith the SPA Plan may be amended subject to appro al by the Director of De elopment Services and the Cin Eneineer. l. The Applicant shall enter into supplemental aereement(s) ith the City, prior to approval of each Final Map for am phase or unit. hereb}: a. The De eloper aeree(s) that the City ma ithhold buildine permits for anv units within the Project Site in order to ha e the Project compl} aith the Gro nh Manaaement Proeram: or. if am one of the follo ina occur: DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2014-235 Page No. 6 i. Regional development threshold limits set by a Chula Vista transportation- phasing plan, as amended from time to time, have been reached. ii. Traffic volumes, level of sen-ice, public utilities and/or sen ices either eaceed the adopted City threshold standards or fail to comply with the then effective Grotinh Management Ordinance and Grownh Management Program and any amendments thereto. iii. The Project's required public facilities, as identified in the Public Facilities Finance Plan (PFFP), or as amended or otherwise conditioned, have not been completed or constructed in accordance with the Project entitlements including the Development Agreement to the satisfaction of the Development Services and the City Engineer. The Developer mav propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended after review and approval by the City's Director of Development Services and the City Engineer. The Developer agree(s) that the City may withhold building permits for an} of the phases of development identified in the PFFP for the Project if the Project's required public facilities, as identified in the PFFP or in accordance with the Development Agreement are not meetine the City's standard operating thresholds. Public utilities shall include, but not be limited to, air qualit}, drainage, sewer and water. 12. Afrer final SPA approvaL the Applicant shall submit electronic versions of all SPA documents, including text and graphics, to the Development Services DepaRment in a format specified and acceptable to the Development Services Director. li. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention. As part of any submittal for design review, a fire access and water supply plan prepared by a ]icensed engineering firm, which has been determined to be qualified in the sole discretion of the Fire Marshall, shall be submitted for approval by the City of Chula Vista Fire Marshall. The plan shall detail how and when the Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project whichever occurs earlier: a. 'ater supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Marshali. Any temporaq water suppl} source is subject to prior approval by the Fire Marshal. b. Emer ency vehicle access consisting of a minimum first la}er of hard asphalt surface or concrete surface, with a minimum standard width of 15 feet. c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Marshall. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Marshall. DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution I'o. 2014-23 Pase No. 7 V. GOVERT'MENT CODE SECTION 66020 NOTICE Pursuant to Govemment Code Section 66020(d) (1), NOTICE IS HEREBl' GIVEN that the 90 da period to protest the imposition of am impact fee, dedication; resen ation, or other exaction described in this resolution beeins on the effecti e date of this resolution and anv such protest must be in a manner that complies ith Section 66020(a) and failure to follo timelv this procedure ill baz any subsequent leQal action to attack, set aside, void or annual imposition. The riaht to protest the fees; dedications. resen ations, or other eaactions does not appl} to planning. zonin, erading, or other similaz application processine fees or sen ice fees in connection u ith the project: and it does not apph to an} fees. dedication, reser ations. or other eaactions which have been ei en notice similar to this, nor does it revive challenees to anv fees for rhich the Statute of Limitations has previously expired. VI. EXECUTION OF RESOLUTION OF APPROVAL The Propem O mer and the Developer shall execute this document bv signing the lines pro ided belo: said execution indicating that the Propem O mer and Developer ha e each read. understood and aereed to the conditions contained in Resolution No. 201- 23. and N ill implement same to the satisfaction of the De elopment Services Director. Upon ezecution, this document and a cop of Resolution No. 2014-23 shall be recorded with the Counn Clerk of the Counrv of San Diego, at the sole e pense of the Propem O+mer and/or Developer. and a signed. stamped cop} retumed to the Cin Clerk. Failure to return a siened and stamped copy of this recorded document ithin thim da-s of recordation to the City Clerk shall indicate the Propem OH ner/De eloper's desire that the project; and the correspondine application for building permits and/or a business license, be held in abeyance without approval. Sienature of Propem O«ner Date A n . j . 201 rj Sophie Yang Sienature of Developer Date i%`L2%G cw, . , 2 0 5 Sop ie Yang DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2014-235 Page No. 8 VII. CONSEQUENCE OF FAILIJRE OF CONDITIONS If anv of the foreoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over tune, and any of such conditions fail to be so implemented and maintained accordine to the their terms, the City shall have the right to revoke or modifi all approvals herein granted, deny or further condition issuance of future buildine permits, deny. revoke or further condition all certificates of occupancy issued under the authoriri of approvals herein granted, instituted and prosecute litieate or compel their compliance or seek damages for their violations. No vested rights aze gained by Applicant or successor in interest by the City approval of this Resolution. V1Il. INVALIDITY: AUTONIATIC REVOCATION It is the intention of the Ciq Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the CouR of competent jurisdiction to be invalid, illegal or unenforceable, if the City Council so determines in its sole discretion, this Resolution shall be deemed to be revoked and no further in force or in effect ab initio. BE 1T FURTHER RESOLVED, that based on the above-referenced Findings and Conditions of Approval, the City Council does hereby approve the Village Eight East SPA Plan. Presented by Approved as to form by Kelly G. Broughton, FASLA en R. Googins Director of Development Services C Att DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2014-23i Paee I`'o. 9 PASSED. _4PPROVED. and .ADOPTED b the Cin Council of the Cin of Chula Vista. Califomia this 2nd da of December ZO1 b= the followine vote: AYES: Councilmemben: Bensoussan. Salas and Coz NA1'S: Councilmembers: Ramirez ABSE?T7: Councilmembers: Awilaz Patricia Awilaz. D rv Mavor ATTEST: Donna R. Norris. A4C. Cirv Clerk STATE OF CALIFORI'IA COUi'TY OF SAi\' DIEGO ) CITY OF CHLJLA VISTA I; Donna R. Norris, Cim Clerk of Chula Vista. Califomia, do hereby certifi that the foregoing Resolution No. 2014-23 «as dulv passed, approved. and adopted by the Cih Council at a regular meeting of the Chula Vista Cim Council held on the Znd da of December 201. Executed this 2nd dav of December 2014. P. ,,, Donna R. Noms. CMC. Cin Clerk e DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B Resolution No. 2014-23 Page No. ]0 EXHIBIT 1 oT4y L S Qp' EASf N ST. c9 F P M,aP m Q- m "7 6. o m cauvou y a Otay Ranch Bdy P Q p o s a m 805 BT 125pp pI,yMPIG a I y OT4Y VAGCEYRD. u s? ' S' f oray jO DiAY 2AAICN9fVILLA6E8EA57 PAGN At'. UA/DAKY Otay 2anch&undary yJ4 s a OT4'1 MESA XfJ, 4 wr ro wu DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B