HomeMy WebLinkAbout2007/08/14 Item 14
CITY COUNCIL
AGENDA STATEMENT
~'Y~ C1TYOF
"" ---- (HULA VISTA
Item No.: /'1
Meeting Date: 8-14-2007
ITEM TITLE:
PUBLIC HEARING:PCM-05-13;REQUEST TO AMEND THE FREEWAY
COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN TO
INCREASE THE ALLOWABLE SQUARE FOOTAGE OF THE OTAY RANCH
TOWN CENTER BY 93,000 SQUARE FEET FROM 867,000 SQUARE FEET
TO 960,000 SQUARE FEET. APPLICANT - GENERAL GROWTH
PROPERTIES
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE OTAY RANCH FREEWAY
COMMERCIAL SECTIONAL PLANNING AREA PLAN FOR THE OT A Y
RANCH TOWN CENTER.
SUBMITTED BY:
DIRECfOR OF PLANNING AND BUlLDING"f>
CITY MANAGER
ASSIST ANT CIT
REVIEWED BY:
4/STHS VOTE: YES
NO X
BACKGROUND: General Growth has applied to amend the FC-I area of the Freeway
Commercial SPA Plan to allow an additional 93,000 square feet for up to 960,000 square feet of
floor area in the Otay Ranch Town Center.
ENVIRONMENTAL REVIEW: The City's Environmental Review Coordinator has reviewed
the proposed project for compliance with the California Environmental Quality Act and has
determined that the proposed project was adequately covered in previously adopted Freeway
Commercial SPA Plan Final EIR 04-02. Thus, no further environmental review or
documentation is necessary.
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Item NO.:~
Meeting Date:8-14-2007
Page 2 of 5
RECOMMENDA nON:
That the City Council adopt the resolution approving the amendment to the Freeway Commercial
SPA Plan.
BOARDS/COMMISSION RECOMMENDA nON:
The Planning Commission met on August 8, 2007 and recommended adoption of the SPA
Amendment..
DISCUSSION:
Planning Area (PA) 12 of the Otay Ranch General Development Plan contains both the Freeway
Commercial and Eastern Urban Center. In March of2003, the City Council approved a SPA Plan
for the Freeway Commercial portion ofPA 12. The PA 12 - Freeway Commercial area is divided
into two parcels with two separate owners. The Freeway Commercial SPA Plan covered both the
McMillin Companies and the Otay Ranch Company ownerships. McMillin Companies owned
approximately 86.1 acres in the southern portion (identified as FC-I) and Otay Ranch Company
owns approximately 34.4 acres in the northern portion (identified as FC-2).
General Growth Properties (GGP) acquired the FC-I site from McMillin and has built the Otay
Ranch Town Center. That project was limited by the SPA Plan to 867,000 square feet of building
area. The GGP development concept in the SPA Plan included three department stores, movie
theater complex, bookstore, restaurants and in-line specialty shops. The original site plan
approved by the Design Review Committee was limited to 867,000 square feet with 2
department stores due the limitation on square footage in the SPA Plan. GGP applied to amend
the SPA Plan to increase the square footage for the third department store in 2005 but that
application was put on hold in order to focus on the construction of the Town Center to meet
GGP's time line of opening the center in October oflast year. GGP is now ready to complete the
SPA Plan amendment in order to have the land use approvals for the additional department store.
1. Site Characteristics
The Otay Ranch Town Center in the Freeway Commercial SPA Plan has been graded for one
large pad with no internal slopes. The site has been developed into a regional shopping center
with a "Main Street" at Kestrel Falls. Street access is also provided off Olympic Parkway at
Town Center Drive and two driveways off Birch Road.
The fully developed community of EastLake Greens and the EastLake Terraces are located
directly to the north of the Project adjacent to Olympic Parkway. Other villages and planning
areas of the Otay Ranch GDP bound the FC site. Village Six is located to the west, separated by
SR-125; Village II is located to the east, across EastLake Parkway; and the future EUC is
located to the south across Birch Road.
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Item No.: IJ
Meeting Date:8-tttJ07
Page 3 of 5
2. General Plan, Zoning and Land Use
The City's General Plan and Otay Ranch GDP designated Planning Area 12 for large regional
commercial opportunities that are excluded from the Village Core's mixed-use areas. The GDP
specifically designated Freeway Commercial as a land use category for regional uses which
require an automobile orientation near regional transportation systems.
The Otay Ranch is zoned Planned Community (PC) as are other master planned communities.
Land development regulations are contained in the Planned Community (PC) District
Regulations within each master planned community SPA Plan, along with a zoning boundary
map that designates a zone for each neighborhood. The Freeway Commercial SPA Plan Zoning
District Map identifies a single zoning district for the FC project, "FC - Freeway Commercial".
General Growth Properties acquired the site from McMillin Companies and processed a SPA
Plan amendment to change the layout to the department store anchored concept. The City
Council approved the SPA Plan amendment on September 14, 2004 with 3 department stores but
with the limitation of 867,000 square feet to be consistent with the environmental review and
traffic studies for the original plan. City staff worked with General Growth to design the
conceptual plan for FC-l area as "life-style" center with three fashion-department store anchors,
movie theater complex, restaurant row, sports stores and smaller in-line shops and food service.
The in-line shops have been designed as "liner" stores in front of the department stores to
provide a continuous pedestrian frontage along the main street through the center. On street
parking is provided along the main street with pedestrian courts and plazas.
On December 20, 2004, the Design Review Committee (DRC) reviewed and approved General
Growth's application for the regional shopping center with two fashion department store anchors
within the 867,000 square foot limit. A site was reserved for an additional department store in the
third phase of the project. A Macy's department store was planned for Major 2 location and
Robinson-May for the Major 3 site. Subsequently, these two stores consolidated and in
November of 2005, the committee approved modifications to the center's site plan for the
relocation of the Robinson May department store to the Major 2 site. This store ultimately
opened as Macy's. GGP subsequently applied for smaller single-story buildings to replace the
Major 3 building site in the center. The Major 3 site was originally approved for a two story
140,000 square-foot department store. The application for two- 20,000 square foot buildings to
replace a portion of the department store square-footage was subsequently approved by DRC.
The balance of square footage was made up with the two additional restaurant buildings
(Macaroni Grill and Chilies) and future buildings in Phase Three of the project.
3. Proposed Plan
General Growth has applied to amend the Freeway Commercial SPA Plan to increase the
allowable building square footage from 867,000 to 960,000 square feet to accommodate an
additional department store.
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Item NO.:~
Meeting Date:8-14-2007
Page 4 of 5
4. Analysis
This amendment to allow the additional square footage was anticipated in General Growth's
conceptual plans for the center with three department stores. The original traffic study analyzed a
large format discount center at 867,000 square feet. An updated study was prepared for this
amendment and the traffic engineers have taken under consideration the change in commercial
uses from the large format discount center to the regional shopping center. The San Diego
Association of Governments (SANDAG) traffic generation rates for regional centers are actually
less than large format discount centers. So the updated traffic study concludes that, while there is
a proposed increase of93,000 square feet, the actual number of trips will be less than the original
assumptions due to the change in shopping center format and the different generation rates.
The DRC approved site plan has reserved area for both the additional department store and
parking field in the established grid system of the center. With the approval of this SPA Plan
amendment, the future department store will just need DRC approval of the department store
architecture and site plan.
CONCLUSION:
The Otay Ranch GDP policies for Freeway Commercial planned for an auto oriented large-scale
retail center. The General Growth proposal for major retailer stores instead of discount retail
stores was found consistent with these GDP policies for Freeway Commercial by the City
Council in 2005. The proposed amount of square footage was kept identical to that in the
approved SPA and that authorized by the GDP in order to meet General Growth's time line to
open the center in October of last year. This amendment will allow an additional 93,000 square
feet for an additional department store. General Growth proposal for a high quality retail
department store is consistent with the Otay Ranch GDP policies.
DECISION-MAKER CONFLICTS:
No Property within 500 feet:
. Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is subject to this action.
FISCAL IMPACT
There are no impacts the General Fund. The cost for review and preparation of this report were
covered by the developer's deposit account.
ATTACHMENTS
1. Locator Map
2. Freeway Commercial SPA Plan Site Utilization Plan Map.
3. Freeway Commercial SPA Plan Amendment Planning Commission Resolution (PCM 05-13)
4. Disclosure Statement
14-4
Item No.: \ 4-
Meeting Date:8-14-2007
Page 5 of 5
Prepared by: Richard M Rosaler, AlCP, Principal Planner, Planning and Building Department
DocumentI I
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PROJECT
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: General Growth Properties MISCELLANEOUS
PROJECT Qlay Ranch Towncenter Request: Proposal for a SPA amendment to incresase (FAR)
ADDRESS: 2015 Birch Rd. floor area ratio. Total square footage authortzed by SPA plan
SCALE: FILE NUMBER: is being increased.
NORTH No Scale PCM-05-13 RBlatBd cases: PCZ.o5-01 , IS.o5-022
L:\Gabe Files\locators\pcm0513_updated.cdr 07.16.07
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A~4Cif/vf.C)JT "2--
Prooosed Amendment to Exhibit 5 from Freewav Commercial SPA Plan. adooted AU2ust 1.2004
Proposed Site Utilization Plan
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Detail of Freeway Commercial Land Use
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FC.1 NeNNe, Area
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Land Uae
FC-1 Freeway Commercial
FC-2 Freeway Commercial
Sub-total
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Project Total
Village 6
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Village 11
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Birch Rd.
Eastern Urban Center
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FAR~ ! (OOO'.).~
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34.5 0.25
120.7
12.4
133.1
26.9
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160.0
80.9
Total
FC.2 NeUNet Ante
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120.7
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O&~ OTAY RANCH
14-7
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All AGt-t /l.;( e:- .Afi 3
RESOLUTION NO. PCM-05-13
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA RECOMMENDING THE CITY COUNCIL
APPROVE AN AMENDMENT TO THE FREEWAY COMMERCIAL
SECTIONAL PLANNING AREA (SPA) PLAN FOR THE OTAY
RANCH TOWN CENTER.
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached hereto and is commonly known as Otay Ranch Town Center ("Property"); and
WHEREAS, an application to consider an amendment to the Freeway Commercial SPA Plan
allowing up to 960,000 square feet of floor area for the Otay Ranch Town Center as depicted in
Exhibit "B" was filed with the City of Chula Vista Planning and Building Department on May 13,
2005 by General Growth Properties ("Applicant"); and,
WHEREAS, the applicant subsequently requested that consideration of the SPA Plan
amendment be suspended in order for the applicant and City to concentrate on the construction of the
Otay Ranch Town Center to meet the applicant's opening date of October 27,2006 and the applicant is
now ready to complete the processing of the SPA Plan amendment; and,
WHEREAS, the Project was evaluated in the Otay Ranch General Development Plan
Program Environmental hnpact Report 90-01, and the Otay Ranch Freeway Commercial SPA Plan
Final Second-Tier Environmental hnpact Report 04-02; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch, Freeway Commercial SPA Plan amendment and notice of said 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 boundaries of the Project site at least ten days prior
to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
August 8, 2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval of the Freeway
Commercial SPA Plan amendment for Otay Ranch Town Center allowing up to 960,000 square feet
of floor area is consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan, and all other applicable Plans, and that the public necessity, convenience, general
welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the
City Council adopt a resolution approving Otay Ranch FreewayCommercial SPA Plan amendment
(PCM-05-13) for the Otay Ranch Town Center in accordance with the findings contained in the
14-8
attached City Council Resolution; and,
And that a copy of this resolution be transmitted to the owners of the property and the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 8th day of August, 2007 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
William Tripp, Chair
ATTEST:
Diana Vargas, Secretary
J :\Planning\Otayranch\Freeway Cormnercial SPA \General Growth\2007 SPA Amend\FC_ PC _ SPA _ RESO _05-13.doc
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4trAG H.A16IfT -f
p I ann
ng & Building Department
Planning Division I Development Processing
CnY OF
CHUlA VISfA
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a Ctty of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., .owner, applicant, contractor, subcontractor, material supplier.
General Growth Properties, lne
(~publicaUy traded company on the NY Stock Exc.)
McMillin Compallies
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all Individuals with
a $2000 investment in the business (corporation/partnership) entity.
General'Growth Properties, IlIc. is ~ publicaDy tradcd cottipllny on the NeW York Stock Exchange
McMillin Companies
3. If any person' identified pursuant to (1)above is a non-prota organization or trust, list the names of any person
serving as ditectorof the non-ptOfit organization or as trustee or beneficiary or trustor of the trust
4. Please identify every person, including any agents, employees, consuttants, or independent contractors you have
assigned to represent you before the cay in this matter.
lohn Bergstrom DouQlas McChane
Kris Longson Gary Cinti
Louis Bucksbautn Chuck Moore
5. Has any person' associated wtth this contract had any financial dealings with an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No-1L
If Yes, briefly describe the nature of the financial interest the official'" may have in this contract
6. Have you made a contribution of more than $250 wahin the past twelve (12) months to a current member of the
Chula Vista City Council? No.K Yes _If yes, which Council membet?
276 Fourth Avenue
Chula Vista I California
14-10
91910
(619) 691-5101
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH FREEWAY COMMERCIAL SECTIONAL
PLANNING AREA (SPA) PLAN FOR THE OTAY RANCH
TOWN CENTER.
WHEREAS, the property which is the subject matter of this resolution is
identified as Exhibit "A" attached hereto and is commonly known as Otay Ranch Town
Center ("Property"); and,
WHEREAS, an application to consider an amendment to the Freeway
Commercial SPA Plan allowing up to 960,000 square feet of floor area for the Otay
Ranch Town Center as depicted in Exhibit "B" was filed with the City of Chula Vista
Planning and Building Department on May \3, 2005 by General Growth Properties
("Applicant"); and,
WHEREAS, the applicant subsequently requested that consideration of a Sectional
Planning Area (SPA) Plan amendment be suspended in order for the applicant and City staff
to concentrate on the construction of the Otay Ranch Town Center to meet the applicant's
opening date of October 27,2006 and the applicant is now ready to complete the processing
of the SPA Plan amendment; and,
WHEREAS, the Project was evaluated in the Otay Ranch General Development
Plan Program Environmental Impact Report 90-0 I, and the Otay Ranch Freeway
Commercial SPA Plan Final Second-Tier Environmental Impact Report 04-02; and,
WHEREAS, the Planning Commission set the time and place for a hearing on
said Otay Ranch Freeway Commercial SPA Plan amendment (PCM-OS-\3) and notice of
said 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 boundaries of the Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m. August 8, 2007 in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and the Planning Commission recommended approval of the
Project and said hearing was thereafter closed; and,
WHEREAS, a duly noticed public hearing was scheduled before the City Council
of the City ofChula Vista on the Freeway Commercial SPA Plan amendment.
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Resolution No. 2007-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing held on August 8, 2007 and the minutes and resolutions
resulting therefrom, 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 California
Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the
Second-Tier Final EIR 04-02, and Addendum thereto, would have no new effects
that were not examined in said Final EIR (Guideline 15168 (c)(2)).
III. ACTION
The City Council hereby approves the Otay Ranch Freeway Commercial SPA
Plan based upon findings contained herein and is consistent with the City of
Chula Vista General Plan, the Otay Ranch General Development Plan, and all
other applicable Plans, and that the public necessity, convenience, general welfare
and good planning and zoning practice support their approval and
implementation.
IV. SPA PLAN FINDINGS
A. THE OT A Y RANCH FREEWAY COMMERCIAL SPA PLAN IS IN
CONFORMITY WITH THE OT A Y RANCH GENERAL
DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL
PLAN.
The amendment to add 93,000 square feet of floor area to the Otay Ranch
Town Center in the Otay Ranch Freeway Commercial SPA Plan reflects
the land uses, circulation system, open space and recreational uses, and
public facility uses consistent with the Otay Ranch General Development
Plan and Chula Vista General Plan.
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Resolution No. 2007-
Page 3
B. THE PROPOSED OT A Y RANCH FREEWAY COMMERCIAL SPA
PLAN AMENDMENT WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREA.
The additional square footage will be in the third phase of the Freeway
Commercial SPA Plan and Freeway Commercial SPA Public Facilities
Finance Plan and is consistent with the provisions and requirements to
ensure the orderly, phased development of the project.
C. THE PROPOSED OTAY RANCH FREEWAY COMMERCIAL SPA
PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR
ENVIRONMENTAL QUALITY.
The land uses within Otay Ranch Freeway Commercial SPA Plan are
designed with arterial streets that separate the Otay Ranch Town Center
from other existing projects. The project will provide a retail commercial
project compatible with existing adjacent land uses, as required by the
Otay Ranch General Development Plan. A comprehensive street network
serves the project and provides for access to off-site adjacent properties.
The proposed SPA Plan follows all existing environmental protection
guidelines and will avoid unacceptable off-site impacts through the
provision of mitigation measures specified in the Otay Ranch Freeway
Commercial SPA Final Second-Tier Environmental Impact Report (EIR
04-02) and Addendum thereto.
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES,
THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA,
LOCATION, AND OVERALL DESIGN AND DEVELOPMENT
STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR
INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY
AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET
PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE.
The Project does not involve areas planned for industrial or research uses.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT
WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL
PLANNING TO THE PURPOSE PROPOSED, AND THAT
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Resolution No. 2007-
Page 4
SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE
EFFECTS FROM SUCH DEVELOPMENT.
The Otay Ranch Freeway Commercial SPA Plan does not involve these
Institutional, Recreational or similar uses.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE
AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC
THEREON.
The circulation system depicted in the SPA Plan is consistent with the
Circulation system identified on the City's General Plan and Otay Ranch
General Development Plan and contains adequate internal circulation
consistent with the policies of the Otay Ranch General Development Plan
and the City's General Plan. Road improvements will be constructed per
the timing and threshold requirements outlined in the Freeway
Commercial SPA Plan Public Facilities Financing Plan.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE
JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED
AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF
THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S).
The location of proposed commercial development area in the Freeway
Commercial SPA Plan is consistent with Otay Ranch GDP. These
commercial uses reflect the Chula Vista General Plan and Otay Ranch
General Development Plan and will provide needed commercial services
to future residents in the area as well as visitors.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE
PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL
COMPATIBILITY WITH SAID DEVELOPMENT.
The Freeway Commercial SPA plan is consistent with the approved plans
and regulations applicable to surrounding areas and therefore, said
development can be planned and zoned in coordination and substantial
compatibility with said development. The proposed Freeway Commercial
SPA Plan is consistent with the Otay Ranch General Development Plan
and Chula Vista General Plan, amended.
14-14
Resolution No. 2007-
Page 5
V. CONDITIONS OF APPROVAL
The City Council hereby approves the Project subject to the conditions set forth in
Exhibit "B", attached hereto and incorporated in the Project.
VI. 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, revoke or further
condition issuance of all future building permits 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.
VII. INV ALInITY ; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and
condition herein stated; and that in the event that anyone or more terms,
provisions, or conditions are determined by a Court of competent jurisdiction to
be invalid, illegal or unenforceable, this resolution shall be deemed to be
automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
!
James A. Sandoval
Planning and Building Director
ft:l(L: n Moore
City Attorney
H:\Attomey\Final Resos\2007\8 14 07\CC_SPA_ RESO_PCM_05-13.doc
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