HomeMy WebLinkAboutPCC 2012-04 11.2E
RESOL'JIION PCC-12-004
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION GRANIING CONDIIIONAL USE PE,RMII
PCC-12-004 FOR IHE RELOCATION OF IHE VILLAGE
CLUB CARD ROOM FROM 249 BROADWAY IO 271. AND
285 BAY BOULEVARD
WHEREAS, the parcels which are the subject matter of this resolution are represented in
Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of the
general description are located at 271 and 285 Bay Boulevard ("Subject Property"); and
WHEREAS, on January 1'7, 2012 a duty verified application for a conditional use permit
(PCC-12-004) was filed with the City of Chula Vista Development Services Department by
Harvey Souza dba the Village Club ("Applicant"); and
WHEREAS, the Applicant proposes to relocate the Village Chrb Card Room ("Card ~
Room") and restaruant-bar from its existing location at 429 Broadway to the existing building at
285 Bay Boulevard and use the adjacent site at 271 Bay Boulevard for surplus parking and the
building as annex to be used as employee lounge, office space, employee training center and
storage space ("Project"); and 'I
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WHEREAS, the Applicant will own the two parcels that constitute the Subject Property
and sign and record a Lot Tie Agreement which shall, for purposes of the requested Conditional
IJse Permit, hold the two parcels as one parcel and no portion shall be sold separately; and
WHEREAS, the proposed Card Room, restaurant-bar, and Annex Building space shall be
operated as more fully described in the submitted application packet and revisions thereto; and
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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 qualifies for a Class 1 Categorical Exemption pursuant to 15301 (Use of Existing
Facilities) of the State CEQA Guidelines. the proposed project consists of negligible or no ~
expansion of an existing use. Thus, no further environmental review is necessazy; and
WHEREAS, the Development Services Director set the time and place for a hearing on I
the Conditional Use Permit and notice of the hearing, together with its purpose, was given by its I
publication in a newspaper of general circulation in the city and its mailing to property owners
and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to
the hearing; and
WHEREAS, a duly called and noticed public heazing was held at the time and place as
advertised on .June 13, 2012, at 6:00 p.m in the City Council Chambers, 2'76 Fourth Avenue,
before the Chula Vista Planning Commission to receive the recommendation of City staff and to
hear public testimony with regard to the Project, and said hearing was thereafter closed; and
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Resolution PCC-12-004 i ~ I ~ ~ Page 2
WHEREAS, the Planning Commission considered all reports, evidence, and testimony
presented at the public hearing with respect to subject application.
NOW, IHEREFORF, BF II RESOLVED that the City of Chula Vista Planning
Commission does hereby find, determine, and resolve as follows: I
The proceedings and all evidence introduced before the Planning Commission at their public
heaing on the Project held on .June 13, 2012, and the minutes and Resolution resulting there
from, aze hereby incorporated into the record of this proceeding, I
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the Planning Commission has exercised their independent review and judgment and concurs
with the Development Services Director's determination that the Project qualifies for a Class 1
(Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines
BE IT FURIHER RESOLVED IHAI the City of Chula Vista Planning Commission
does hereby make the findings required by the City's rules and regulations for the issuance of
conditional use permits, as herein below set forth, and sets forth, thereunder, the evidentiary
basis that permits the stated finding to be made.
CONDIIIONAL USE, PF,RMIT FINDINGS
1. That the proposed use at this location is necessary or' desirable to provide a service or' '
facility which will contribute to the general well being of the neighborhood or the
community.
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the proposed uses are considered necessary and desirable because they will continue to ~
provide an entertainment venue for the community, The proposed Card Room has been
operating in the City for several decades and under the same family without major incidents
and/or problems. The proposed sites on Bay Boulevard represent a desirable location for the
Card Room because they offer a setting with less traffic, located away from a primarily
residential district, and containing amenities such as more parking and better access and
circulation, which are more conducive to the operation of the Card Room the relocation of i
the Card Room will remove the pressures at the existing location on Broadway created by
increased circulation and parking resulting from the continuous success and growth of the j
Card Room. The Card Room uses at the proposed location will operate without creating
undue pressures and problems related to traffic circulation, parking, and other potential
impacts on the neighborhood or community
2. That such use will not under the circumstances of the particular case be detrimental to
the health, safety or general welfare of persons residing or working in the vicinity or j
injurious to property or' improvements in the vicinity. '
The proposed uses will not be detrimental to the persons residing or working in the vicinity
nor injurious to property, because the proposed uses are being relocated to an area with a
zoning designation for the provision of entertainment facilities, such as card rooms,
Resolution PCC-12-004 ~ ~ ~ ~ fl Page 3
restaurants-bars, night clubs and other entertainment venues, Ihe proposed Card Room and
its ancillary uses are consistent with the uses permitted in the CI zone. Currently, there aze
no residential properties or residents in the vicinity of the Subject Property, and they aze not I
expected to be in the near future. Ihe Traffic Study commissioned by the Applicant and
reviewed/approved by the Traffic Engineer determined that the traffic to be generated by the
proposed uses is not expected to create significant traffic impacts The street segments and
intersections in the vicinity will continue to operate at levels A, B, and C, The Subject
Property has sufficient parking to fully meet the minimum parking requirements of the Chula
Vista Municipal Code Even though the proposed relocation of the Card Room represents an
increase in the number of Iable Games and players, the increased level of activity will take
place in a different setting with less traffic, away from a primarily residential neighborhood,
and enhanced amenities such as parking,
3, That the proposed use will comply with the regulations and conditions specified in the
code for such use„ ~I
Ihe use of the Subject Property for a card room facility is permitted within the CI zone by
way of this conditional use permit. Ihe existing building on the Subject Property are in
conformance with current development standards, including parking, access/circulation and
landscaping Ihe proposal is also consistent with the City's Local Coastal Program because it
does not represent an intensification of the land use, The proposed Card Room and ancillary
uses are less intensive or equally intensive as The previous restaurant uses (Ihe Soup
Exchange and EI Iozito Restaurants) for which the sites were originally developed in the ~!i
1980's. In addition, the proposed Card Room operation is consistent with the provisions of ~
the City's Gaming Ordinance (Gaming Plan).. The Card Room operation is subject to the 1
City's Gaming Plan, which was recently amended by the City Council Ihe Gaming Plan 1
establishes the rules and regulations related to the Card Room operations, such as type and
number of tables and players that can participate in the table games,
4.. That the granting of this Conditional Use Permit will not adversely affect the General
Plan of the City or the adopted plan of any government agency.
Ihe proposed relocation of the Card Room to the Subject Property will not adversely affect
the General Plan of the City or the adopted plan of any government agency, Ihe proposed
Card Room is consistent with the land use designation of the General Plan for Visitor
Commercial, which includes entertainment uses such as card room, restaurants bars, night
clubs, etc 'Ihe proposed use will not affect the General Plan because the Local Coastal
Program (Land Use Plan and Specific Plan, codified in the Zoning Ordinance) implement the
vision and objectives of the General Plan. Because the proposed Card Room is consistent '
with and meets the requirements of the Zoning Ordinance, it helps implement the vision and
objectives of the General Plan.
5. That the proposed conditional use, if located in the coastal zone, is consistent ~Eith the
certified local coastal program and is consistent with the intent of the zoning district.
1Gi~l
Resolution PCC-12-004 Page 4
the proposed Card Room and ancillary uses is consistent with the Local Coastal Program
and the intent of the CI zoning district the proposed Card Room is listed as a permitted use
in the CI zone subject to approval of a Conditional Use Permit; the restaurant-bar and the
office annex uses are permitted by right Although the Subject Property is located within the
Coastal Zone, the Project does not require the issuance of a Coastal Development Permit
(CDP) because the proposal does not involve new development of the site or construction of
buildings. the Subject Property was fully developed to its maximum capacity pursuant to
the LCP and other City regulations in the 1980's The proposal is also consistent with the
LCP because it does not represent an intensification of the land use, the proposed Card
Room and ancillary restaurant-bar and office annex axe less intensive or equally intensive as
the previous restaurant uses (The Soup Exchange and El Iorito Restaurants) for which the
sites were originally developed A traffic study commissioned by the Applicant and
reviewed/approved by the City's Traffic Engineer demonstrated that the proposed uses will
not create any significant traffic impacts in the area.. Street segments and intersections will
continue to operate at acceptable levels A, B, and C the conditions included in the CUP
will ensure that the proposal is consistent with and meets all the requirements of the CT Zone
and the Local Coastal Program.
IERMS OF GRANI OF PERMIT
the Planning Commission hereby grants Conditional Use Permit PCC-12-004, subject to the
following conditions whereby the Applicant/Representative, Property Owners and/or Successors-
In-Interest shall satisfy the following requirements:
DEVELOPMENT SERVICES DEPARTMENT CONDITIONS
Planning Division
1 Applicant shall establish and maintain the Project as shown on the conceptual site plan,
elevations, and landscape plan submitted with the Application on Januazy I7, 2012 and
subsequently revised. Applicant shall submit to the City revised plans in compliance with
all conditions of approval prior to the issuance of building permits,
2 the Card Room and restaurant-bar shall be located and operated only in the building at 285
Bay Boulevard; the office, employee lounge and training, and storage space shall be located
in the annex building at 271 Bay Boulevard.
3 The Card Room and ancillary uses shall operate as indicated in the application's project
description and operational profile submitted for this CUP; the Card Room will contain
eighteen (18) game tables (10 Class I tables and 8 Class II/IA tables), which would
accommodate a maximum of 234 players at one time.
4 Prior to issuance of first building permit, Applicant shall sign and record a Lot Iie
Agreement in order to maintain the two parcels that represent the Subject Property as one and
to guarantee that the Card Room and ancillary uses will have sufficient parking to meet the
parking requirement of the Chula Vista Mrmicipal Code.
Resolution PCC-12-004 ~ ~ 1 3 ~ Page 5
5 The Project shall provide one (1) parking space per 1 5 card players; based on the maximum '
number of players currently permitted by the Gaming Plan (234 players), the number of
spaces required for the Card Room is 156 spaces; the applicable parking ratio for the
restaurant-bar and office space shall be as listed in the parking regulations of the Chula Vista
Municipal Code (19 62.020)
6, Applicant shall operate the Project in conformance with the Security Plan as approved by the
Chief of Police In the event that the applicant fails to operate the facility in conformance
with the Security Plan as approved by the Police Department, or if there are any irregularities
or violations of the conditions placed on the card tables, such as the number of persons
playing at card tables or the prescribed seating at the card tables as proposed that are
occurring at any time, the Conditional Use Permit will be reviewed pursuant to CVMC i
19.14.270 and possible amendment to the Gaming Plan, II
7. Applicant shall comply with the requirements of the City's Recycling and Solid Waste I
Planning Manual Prior to approval of the first building permit, Applicant shall submit I
detailed drawings for the construction or enhancement of the trash enclosure in compliance
with the Recycling and Solid Waste Standards for Commercial and Industrial Businesses -
Centra] Collection Bin Service Ihese drawings shall show location, dimensions, number
and type of bins and any other ancillary services that may be placed in the trash enclosure.
the trash enclosure must have a solid cover roof, the drawings must include a plane view
and elevations of the enclosure and shall be reviewed and approved by the Environmental
Services Manager.
8 the parking area shall be equipped with lighting of sufficient power to illuminate and make
easily discernible the appearance and conduct of all persons on ar about the parking lot,
Lighting for the facility shall be shown on a revised site plan and shall be in conformance
with Section 17.28 of the Chula Vista Municipal Code. The lighting plan shall includes
details showing that the proposed lighting shall be kept within the property lines and shielded ,
to remove any glare from adjacent properties, and shall be reviewed and approved to the
satisfaction of the Development Services Director and the Chief of Police.
Building Division
9, Prior to the issuance of building permits, the Project shall comply with the following building
codes and any other applicable regulations:
a 2010 Edition of the California Building Code as amended and adopted by the City of
Chula Vista (Municipal Code Chapter 15.08)
b 2010 Edition of the California Mechanical Code as amended and adopted by the City of
Chula Vista (Municipal Code Chapter 15,16)
c 2010 Edition of the Califarnia Plumbing Code as amended and adopted by the City of
Chula Vista (Mtnicipal Code Chapter 15.28)
d 2010 Eflition of the California Electrical Code as amended and adopted by the City of
Chula Vista (Municipal Code Chapter 15.24)
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Resolution PCC-12-004 Page 6
e 2010 Edition of the California F ire Code as amended and adopted by the City- of Chula
Vista (Municipal Code Chapter 15.36)
f 2010 Edition of the California Green Building Standards as amended and adopted by the
City of Chula Vista (Municipal Code Chapter 15.12)
g 2008 Edition of the California Energy Code as amended and adopted by the City of
Chula Vista (Municipal Code Chapter 15 26)
10 Prior to the issuance of building permits, the Pro,ject's plans shall show compliance with the
2010 Edition of the California Green Building Standards as amended and adopted by the
City.
11 the Project shall be designed by an Architect or Engineer licensed by the State of California
pursuant to California Business and Professional Code 5536..1, 6735, I
12 Prior to the issuance of building permits, plans shall provide a Building Code Data Legend
on the title (first) sheet of the plans. Plans shall include the following code information for
each building or space proposed:
a, Occupancy Group classification, CBC Ch 3 ~
b I ype of Construction, CBC Ch 6
c Iype of Fire Sprinklered, CBC Ch 9
d. Provide fire alarm system per CBC Section 907 and 907..23 ~
13 Prior to the issuance of building permits, Applicant shall submit an exit plan that labels and
clearly shows compliance with all required egress features such as, but not limited to the j
following: I
a Specify the use, and area (square footage) of each space (e.g rooms) on exit floor plans
b, Specify the occupant load factor applicable to each space on exit floor plans, [CBC Iable j
1004..1.1], ~
c Determine the occupant load of each space (rooms, etc) [CBC Iable 1004,1 1] on the exit
floor plans.
d Required exit from each building area or portion..
e Common path of travel [CBC Sec.. 1014.3], i
f' Maximum travel distance [CBC Sec, 1016]
g Required number of exits [CBC Sec. 1015, I-1015.1, I-021 1 and I-1020.2]..
h Use arrows to show the travel path from each building area all the way to exit discharge
element (i e exit, etc) or public way (the general exit flow patterns)
i Provide tactile exit sign at the required back exit door, pursuant to ii
CBC Sec 1011.3, 1117B 5 5, & 1117B 5 6.
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14 Prior to the issuance of building permits, the proposed tenant improvements shall comply
with accessibility requirement of CBC Chapter 11B, 1104b, 1106B, etc.
15. Applicant shall provide plumbing fixtures count analysis per CPC Iable 4-1 the total
number of water closets for females shall be equal to the total numbers of water closets and
urinals required for males.. CPC Iable 4-1 footnote #14
Resolution PCC-12-004 Page 7
Land Development Division ~ ~
16, Prior to the occupancy of the buildings, Applicant shall improve, and continuously maintain
thereafter; all of the landscaping and plantings in a manner that promotes healthy growth and
a neat and orderly site per professional industry standards. Currently the existing
landscaping appears not to be adequately maintained, particularly along the north and east
edges of the site, resulting in plant deterioration and plant stress. All plantings that are
deteriorated and/or stressed shall be restored to reflect the original City approved landscape j
design, the applicant shall refurbish and restore all plantings and irrigation to the originally
approved landscape plan The applicant shall notify the City when the restoration has been
completed so a determination by the City can be made regax'ding adequate restoration of the
plantings
17 Applicant shall pay the following fees based on the Final Building Plans submitted:
a Sewer Connection and Capacity Fees
b. Traffic Signal Fees i
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18 Additional deposits or fees in accordance with the City Subdivision Manual and Master Fee
Schedule will be required fox the submittal of the Construction Permit.
19 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.. Also, landscaping, street
furniture, or signs shall not obstruct the visibility of driver at the street intersections or
driveways.
20, Plans shall clearly show the existing and proposed sanitary sewer lines and how the site will
connect to the City's public sewage system, No sewer lines shall be allowed to be located
under existing or proposed buildings Indicate whether sewer lines are private or public, j
21 Prior to obtaining any Building Permit for the Project, or approval of the Final Map
(whichever occurs first), if' project's total on-site improvements exceed Engineering
Ihreshold of (currently: $33,762,11), per CVMC, Section 12 24,020, then the applicant shall
be required to obtain a Construction Permit from the Land Development Section of the
Department of Development Services, the On-Site Improvements Irigger for Installation of
Public Improvements is adjusted on an annual basis on ,July 1 based on the Engineer
Construction Cost Index A Construction Permit is required to perform the following work 1
in the City's right-of=way, which may include, but is not limited to:
a. Removal and replacement of any broken or damaged curb, gutter; and sidewalk per I
SDRSD G-2, and G-7 along the project's frontage to the satisfaction of the City Engineer.
Sidewalk shall be designed and constructed with proper transitions to existing conditions.
b. Removal and replacement of existing driveway(s) meeting design standards as shown in
Chula Vista Construction Standard CVCS-1. Current Driveway(s) shall be replaced, if it
does not meet the City of Chula Vista Design Standards/ADA Standards, or if existing
Resolution PCC-12-004 Page 8
driveway is cracked or broken. Dedication of R/W as needed in order for driveway to
comply with American Disability Act (ADA) requirements..
1D1.35
22 In accordance with Section 12,24.040 of the Chula Vista Municipal Code (CVMC) and
Council Policy No, 563-02, if a Building Permit is issued for the on-site work valued at more
than the threshold indicated in Section 12.24.020 of the CVMC ($20,000 plus the percentage
increase in the "Construction Cost Index" since July 1, 1993, as published in the Engineering
News Record), the City may impose the requirement to construct certain public
improvements, which may include, but not be limited to, curb and gutters and driveway
approach
FIRE DEPARTMENT CONDITIONS
23 Automatic gates shall be provided with both an Opticom Detection System and a Knox Key I
Switch ovetride. Provisions shall be taken to operate the gate upon the loss of power..
24 Commercial cooking equipment that produces grease laden vapors shall be provided with a
Iype I hood and an automatic fire extinguisher system that is listed and labeled for its
intended use.
25 Applicant shall provide one (1) serviced fire extinguisher, and show location on the plan.
Indicate the size of the fire extinguisher Minimum required is 2:A-10:B:C
26 Upon submittal of building plans, show fire extinguisher locations on plans. the maximum
travel distance to a fire extinguisher is 75 ft, It is highly recommended that the fire
extinguishers be installed in dedicated cabinets.
27 Applicant shall provide door schedules that contain adequate hardware details to show that
the correct exiting hardware, panic hardware, and fire exit hardware is provided I
28, Provide an egress plan, showing exits, travel distance to exits, separation of exits and all
portions of the means of egress including exit access, exit and exit discharge.
29 Occupant load signs shall be posted in each individual area of the buildings, i
POLICE DEPARTMENT CONDITIONS
30 Restaurant owners, managers, and employees shall prevent underage patrons from obtaining
alcoholic beverages by closely monitoring clientele and intervening whenever necessary.
31 Project management or designees shall remove and bar from re-entry, any patron involved in
providing, furnishing, or passing alcoholic beverages to any individual inside the facility who
is under 21 ,years of age In addition, Project management or designees shall remove and bar
fiom re-entry any individual who is under 21 years of age who possesses and/or consumes
alcohol inside the facility,
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Resolution PCC-12-004 Page 9
32 the use of any amplifying system or device inside the premises shall not be audible outside
of the ABC designated alcohol service areas
1~Ji.36
33, Loitering is prohibited on or around the premises under control of the licensee Project
management shall police the area under their control in an effort to prevent loitering
34 All doors shall be kept closed at all times during the operation of the premises except in cases
of emergency Said door(s) not to consist solely of a screen or ventilated security door.
35 the rear doors of the premises shall be equipped on the inside with an automatic locking
device and shall be closed at all times, and shall not be used as a means of access by patrons
to and from the licensed premises, Iemporary use of these doors for delivery of supplies
does not constitute a violation
36 the Applicant shall provide a minimum of one (1) security guard in the parking lot at all
times and two (2) security guards on Friday and Saturday nights from 9:00 p m to 5:00 a m
the following day.. Parking lot security guards shall maintain order therein and prevent any I
activity, which would interfere with the quiet enjoyment of the nearby properties. Said
personnel shall be clothed in such a manner as to be readily identifiable as security. Parking
lot attendants can double as "doormen" but have to walk the parking lot at least every 15
minutes.
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37 From Monday through Thursday fiom 5:00 a m to '7:00 p,m, Applicant shall provide a total
of two (2) security guards and shall provide three (3) security guards from 7:00 p m to 5:00
a.m. On Friday and Saturdays, Applicant shall provide a total of four (4) security guards
fiom 5:00 a m, to 7:00 p.m and five (5) secarity guards from '7:00 p m. to 5:00 a m On
Sunday, the Applicant shall provide a total of fora (4) security guards from 9:00 a m to 3:00 ~
p m, and a total of three (3) security guards fiom 3:00 p.m. to 9:00 a m the "total" number
of guards shall include the parking lot/doormen security guard
38 Specific duties of security personnel shall include, but not be limited to: ensuring only
individuals 21 years of age or older possess and consume alcohol or engage in gambling;
access control; and patrolling the interior and exterior areas of the premises to alleviate police j
problems, excessive noise, abusive behavior; disturbances and any other violations of law
that occur on or about the licensed premises. Security Guards shall maintain order therein
and prevent any activity, which would interfere with the quiet enjoyment of the nearby
properties
39 the sale of alcoholic beverages for consumption off the premises is strictly prohibited..
40, Signs must be posted at all exits advising customers that open containers of alcohol are
prohibited outside of the ABC established services areas j
41 All servers/managers/owners shall attend LEAD training given by ABC. i
42, the Applicant shall equip the ABC licensed area with cameras above and behind each
alcohol service area to include the bar and patron seating areas;
Resolution PCC-12-004 Page 10
43, All data from video cameras shall be recorded on high quality digital recorders and
maintained inside of a locked office One video monitor shall be positioned at the manager's
and/os security office, which give the employee of choice the ability to monitor all cameras
simultaneously or view one at a time. All video cameras shall be set to record at all times trnhe
business is open. ~ U 1.3 l
44, All areas will have sufficient lighting to identify persons on the video surveillance system
45 Digital recording media will be maintained in the locked office for 21 days and be available
for review at any time by the Chula Vista Police Department
46 Ihere shall be no public dance conducted at the premises without a license as required by
Chula Vista Municipal Code, Any licenses or special permits issued must be kept at the ~
premises and be presented to ABC or City officials upon request.
47 The Police Department reserves the right to impose additional security conditions as part of
any dance, live entertainment, or special event permit approval process
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48 If complaints are received regarding excessive crime, disorder, noise, parking ~
violations/availability, lighting, building access, and the like, associated with the
establishment, the City may at its discretion, take action to review the conditional use permit,
pursuant to CVMC 19.14.2'70 'i
49 the Applicant shall comply with all applicable provisions of the Department of Justice
Minimum Internal Control Standards (DOJ MICS)
50. the Applicant shall comply with all provisions of the Chula Vista Gaming Plan.
51 the Applicant shall comply with all provisions of the updated and revised 2012 Village Club '
Security Plan and Surveillance Plan,
52, A copy of these conditions must be maintained on the premises and made available upon the
demand of any peace officer at all times
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ADDIIIONAL IFRMS OF GRANI ~
53 Ihis conditional use permit shall become void and ineffective if not utilized within three
years fiom the effective date thereof; in accordance with Section 19,14 260 of the Municipal
Code. Failure to comply with any conditions of approval shall cause this permit to be
reviewed by the City for additional conditions or revocation,
54 The Applicant/Representative and Property Owner shall and does hereby agree to indemnify, ~
protect, defend and hold harmless City, its City Council members, officers, employees and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the
City arising, directly or indirectly, fiom (a) Ciry's approval and issuance of this Conditional
ii
Resolution PCC-12-004 Page 11
Use Permit, (b) City's approval or issuance of any other permit or action whether
discretionary or non-discretionary, in connection with the use contemplated herein.
Applicant/Representative and Property Owner shall acknowledge their agreement to this
provision by executing a copy of this Conditional Use Permit where indicated herein.
Applicant/Representative and Property Owner's compliance with this provision is an express
condition of this Conditional Use Permit and this provision shall be binding on any and all of
Applicant/Representative and Property Owner's successors and assigns.
1~I38
EXLCUIION AND RECORDATION OF RESOLUIION OF APPROVAL
the Applicant/Representative and Property Owner shall execute this document by making a true
copy and signing the original resolution and copy on the lines provided below, said execution
indicating that the ApplicantlRepresentative and Property Owner have each read, understood,
and agreed to the conditions contained herein, and shall implement the same, Upon execution, j
the true copy of this document with original signatures, along with the Lot Iie Agreement, shall
be recorded with the County Clerk of the County of San Diego, at the sole expense of the
Applicant/Representative and Property Owner, and a signed, stamped copy of this recorded
document shall be returned to the Development Services Department. Failure to return the signed
resolution, along with the recorded Lot Tie Agreement, within thirty days of recordation to the
Development Services Department shall indicate the Applicant/Representative and Property
Owner's desire that the project, and the carresponding application for building permits and/or a
business license, be held in abeyance without approval. Said document wi(1 also be on file in the
City Clerk's Offce and known as document No PCC-t2-004.
Signature o pplic t~R resentative Date
FW~2Jz~%.,~~caz~t
x/_3__1 Z- I
Signature ~ roperty ner ~~Je~.S~uaA Date
CONSEQUENCE, OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented
I
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 approval herein
granted, institute and prosecute litigation to compel their compliance withsaid 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,
Resolution PCC-12-004 Page 12
INVALIDITY; AUIOMATIC REVOCATION ~ ~ 13 9
It is the intention of the City of Chula Vista Planning Commission 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 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 ab initio,
BE II FURIHER RESOLVED that the City of Chula Vista Planning Commission does hereby
adopt this resolution approving Conditional Use Permit PCC-12-004, in accordance with the
findings and subject to the conditions contained herein..
PASSF,D AND APPROVED BY IHE PLANNING COMMISSION OF THE CIIY OF
CHULA VISTA, CALIFORNIA this 13"' day of .June, 2012, by the following vote, to wit: i
YES: Calvo, Anaya, Vinson, Moctezuma, Liuag
NOES:
ABSIAIN: Spethman
ABSENT: Felber ~
AIIESI:
i
Diana Vargas ~ hael Spe an, Ch
Secretary to the Planning Commission
Presented by: Approved as to form by:
_ -
Gary Halbert, P E,, AICP ~rlen R Googms
Assistant City Manager/Development Services Director City-Attorney
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Recording requested ~ ~ SEP 13, ~a12 $:44 AM
by' N ~ OFFICIAL RECORDS
City of Chula Vista ~ SAN DIEGO COUNTY RECORDER'S OFFICE
1 CO ~ EFEESJ DronenburgOJDrO COUNTY RECORDER
After recording
return to: 1 ~ 7 PE~CiiE.~: 14
City of Chula Vista
City Clerk's Office I IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIIII IIIII IIII IIII IIII
276 Fourth Avenue
Chula Vista, CA 91910
Attn: E Brigs
This space for Recorder's use only
Resolution No. PCC-12-004
Document Title