HomeMy WebLinkAbout2019-02-27 BOAA Agenda Packet (3)mow,
ca�SL�°SisrA
Board of Appeals & Advisors
REVISED
BOARD
Vsk
SPECIAL MEIN
ETG OE THE BOARD OF APPEALS & ADWSORS
OF THE CITY OF CHULA VISTA
February 29, 2019 Executive Conference Room 103
5:15 Cow Public Service Bldg "A"
296 Fourth Ave., Chula Vim
CALL TO ORDER
ROLL CALL: Chair Doric Committee Members: Combs and Reichard
CONSENT CALENDAR
The Board/Commusion mill enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Board/Commission Member, a member of the public, or
staff requests that an item be removed for discussion. Ifyou wish to speak o e one of these
items, please fill out a "Request to Speak"form and submit it to the Seoemry, prior to the
mewing Items pulled from the Consent Calendar will be discussed immediately following
the Consent Calendar.
1. Approvalof Minutes: Sanuary23,2019
Staff recommendation: Board approves the commit.
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Board/Commisdare on any
subject matter within the Board/Commisslon'sfurisdlation that is not isted as an item on the
agenda State Imv generally prohibits the BoartWommission from discussing or taking
action on any Issue not included on the agenda, but, if appropriate, the Board/Commission
may schedule the topic for future discussion or refer the minter to staff, Comments are
limited to three minutes
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Board/Commission and are expected to elicit discussion and deliberation. R you wish to
speak on any Item, please fill out a "Request to Speak"form and submit it to the Secretary
prior to the meeting.
2. Appeal of a Notice and Ower to Vacant, 1161 Third Avenue, Chula Vista, California.
3. Consideration of pre Findings and Decision on the Appeal of a Notice and Order to
Vacate, 1283 Third Avenue, Chula Vista, California, as rat Unsafe Building and a Public
Nuiatned, which the Board denied on homary 23, 2019 and upheld the Building
Official's recommendation, Uapproved, directing Chah ]oseDoria m execute same
INFORMATION ITEM:
4. Present w Ordinance of the City of Chula Vista amaWing Chapter 15.06 of the Chula
Vista Municipal Code to comply with state law, to extend the life of a building permit
from 180 days to12 months.
OTIMR BUSINESS
5. STATFCOMMETS
6. CIiA1R'S COMMENTS
7. COMMISSIONPRS'BOARD MEMBERS' COMMENTS
ADJOURNMENT to the regular meeting on March 11, 2019 in Development Services
Conference Room 139 Chula Vista, California
Adateriaislarw ded to the Board ojAppeais & Advisors related to any open,sesslon item on this
agenda are avatlablejorpublic review in the Public Service Bldg B, Front Cowuer Reception
area during normal business hours.
In compliance with the
AMEJRGNS WLT%DJS9BILITIESACT
TheC'Iry of China Vista requests congruently who require special accommodations toaccess,
attend, and/or participate In a City meeting, activity, or service, contact the Human Resources
Department at (619) 691-5041 (California Relay Service is avatlablejorthe hearing impaired by
dialing 711) at least jmry-eight hours in advance of the meeting.
I coddle under Cann w or parryry that I am
employed by Ma ::I of Pvla use In
Development 5a des and that Costed this
document on ow_ s.dson board according to
Drown sm requirements
Datad co—y,-s"\ lgned
Page 21 Board of Appeals& Advisors Agenda Pebrvery 27, 2019
MMU'FES OF A SPECIAL MEETING OF THE
BOARD OF APPEALS & ADVISORS
OF THE CITY OF CHULA VISTA
January 23, 2019
5:15 p.m.
A Special Meeting of the Board of Ap icals & Advisers of the City of Chula Vista was celled to
order at 5:15 p.m, in Executive Conference Room 103, located at Public Service Bldg. "A",
Chula Vista, California.
ROLL CALL
PRESENT:
Chair
Darin, Combs,
and Seeman
ABSENT:
None
ALSO PRESENT: Lou EI-Khreen, Building Official, Carol Trujillo, Deputy City
Attorney, Megan McClurg Deputy City Attorney, Justin Gipson,
Chief/Fire Marshall, Brian Catareared Senior Code Pmfomement
Officer, Marisel Aguhers, Code Enforcement Officer, Daniel
Padilla, Code Enforcement Officer and Secretazy Rice
CONSENT CALENDAR
1. Approvalof Mlnutes:December10,2018
Slatf recommendatiom Board approves the mientea.
ACTION: Member Combs moved to approve staffs recommendations sed offered Consent
Calendar Item 1. Member Sclafani seconded the motion, and it carried 3-0.
ITEMS REMOVED FROM THE CONSENr CALENDAR
There were none.
PUBLIC COMMENTS
Nene
ACTION ITEMS
2, Appeal ofa Notice and Order to Vacate, 1161 Third Avenue, Chula Vista, California.
Building Official EI-Khazen explained 0ie appeal for 1161 Third Avenue was going to be
continued to the next regular scheduled meeting, February 11, 2019, at the request of [tic
appellant's attorney. They stated the packet was postmarked January 10, 2019 but wasn't
Page l l Board ofAppwk & Ad gens Annaba ]wuary 23, 2018
rived until January 14th Its did not give them enough time to go through the information.
Also, staff had identified Issues in the initial packet and corrections had to be made to the
exhibits.
3. Appeal of a Notice and Order to Vacate,1283 Third Avenue, Chula Vista, California
Nlr. EI-Khazev noted that the appellant and his attorney were not present Code Enforcement
Officer for the case was Michael .Justin Brow, who also was net present due to a prior
commitment. In his place was Brian Catarrrmn, Senior Code Enforcement Officer and
of icer Bruce's supervisor. Mr. Coloratura had gone over the case with officer Bruce so my
questions concerning the matter could be addressed to him.
As summarized in the amp report, Building Official EI-Khaveq stated Chula Viso Collective
is an illegal cannabis business located at 1283 Third Avenue. The illegal business contains
uvparommed construction alterations including but not limited to interior walls, electrical
doorways, and an uvpermltted change of use resulting in an unsafe building as it is
improperly occupied, bas inadequate egress, is a potential fire hazard, is being assurance as
a public nuisance, and is otherwise dangerous to human life. Since November 8, 2018, staff
has been taking enforcement action against the business and property owner to step the
illegal business and restos the property to its original status. The business and property
owner have ignored the many legal notices issued to Nem and continue to operate with
disregard to local and State rules and regulations. The City issued a Notice and Order to
Vacate watch is being appealed to the Board.
Building Official El-Khaun stated the Chula Vista Municipal Codes (CVMC) mandates any
and all tenant improvements conducted on buildings within the city as subject to the
permitting process as well as inspections under CVMC 15.06D80; Permits, and CVMC
15.06.100; Inspections. Tenant improvements must be inspected and approved by City
Building inspectors and City Fre Officials. The property at 1283 Third Avenue has
undergone tenant improvements including but not limited to the preparation of interior walls
and doors. This tenant improvement has not been permitted by the City of Chula Vista and
cannot be permitted by the city because of the illegal use of the facility as a cannabis
business. Chula Vista Municipal Code 5.66.020; Commercial cannabis business prohibited,
prohibits any cannabis/cannabis business in the city. I1rMermore, CVMC Chapter 5.19;
Commercial Cannabis, prohibits commercial wrmabis businesses that are not issued City and
State licenses authorizing the operation of a cannabis business.
Staff noted the most recent approved permits were to cap off utilities in the shed as well as in
a bathroom at the property in 2016, cases B16 0338 and B16-014, respectively. The only
other approved permit was to replace an exterior staircase in 1993, Case B93-0142.
Mr. EI-Khro en went over the case history described in the staff report and reviewed the
applicable codes and some of the regulations for this case which he and Fire Marshall Gipson
determined were relevant to this case- Item 3; CVMC 1.30.040 states whenever a public
15.06is declared; it may be abated in accordance with the municipal code. Item 4; CVMC
060 (E) Occupancy Violations; Item 7; CVMC 15.O6.075 Unlawful Acts, Item 8;
Page 21 Board ofAppeals & Advisors Min etas &,nary 23,2018
MWice of Violation, Item 10; CVMCI5.06.115(A) Cortication of
.Occupancy, Item 11; California Civil Code Station 3491, Item 12; CVMC 5.66 Commercial
Cannabis Activity; CVMC 5.19 Licensing and regulatory structure for operation of cannabis
business in the City, CVMC 5.19.30 prohibits commercial cannabis business or activity
within the City unless the busincss/activity, has a valid State and City cannabis business
licenses authorizing such business or activity.
Building Official EI-Iaazen is recommending that the Board of Appeals and Advisors deny
the busincss. owner'shenanl's appeal of the Notice and Order to Vacate and uphold the
Building Official's and Fire Marshal's determination that the building at 1263 Third Avenue
is improperly occupied, isnate, and is being maintained as a public nuisance as an
unlawful cannabis business. u
no board members noted the appellant, nor any legal counsel for them, was at the meeting
and they inquired if they had been notified. Officer Canadian affirmed that they had been
notified. They asked if the applicant laid requested a continuance. Staff replied no. Building
Offiial BI-Khazen pointed out there had not han any contact from them other than the
appellant's attorney, Man Shapiro, bad allowed staff to inspect the building and then they
appealed is The board commented ran appeal from the responsible patty (Nicholas Tabbed
listed the notice from the City did not specify what work was uupermited, and they denied
that any structural alterations were made. Attorney McClurg stated the Notice of Violation
that was issued had an Attachment "A" that explained the ampermitted tenant improvements
were the addition of interior walls, utilities and electric magnetic locks. The notice did
include a description of the unpermined work that was done
Chair Dona asked if there were vry more comments from the beard. There were none. He
asked the board to make motion.
ACTION: Merrimac Sia mi made a motion to deny the business miner's/tenant's appeal of
the Notice and Order to Vacate and uphold the Building Official's and Fire
Marshal's determination that the building at 1283 Third Avenue is improperly
occupied, is unsafe, and Is being maintained as a public nuisance as an unlace nt
cannabis business. Member Combs seconded the motion and It combed
unanimously 3-0.
OTHERBUSINESS
4. STAFF COMMENTS -
Mr. Ed Shasta commented Item ft2 (1161 Third Ave.) from today's agenda would be
continued to their February I1. 2019 meeting. In addition, he was working on an
ordinance to comply with the recent State's bill asking jurisdictions to allow permits to
stay active for a year before they expiry. 'Phis ordinance would be going to city council;
however, he may bring it to the board as an Information item.
Page I BuaN ofAppeulsid Ad,ieurs shames January 21, 2018
km
A. CAAIR'SCOMMENTS-None
6. COMMISSIONERSVBOARD MEMBERS, COMMENTS- None
The board Inquired as to how many applications for licenses bad the city received.
Attorney McCImg said they had received 96 applications for the limited type which are
retail and cultivation. There will be a maximurn of 12 retail allowed (3 per district) and
10 cultivation.
Member Selection commented it was a bit confusing trying to determine who was the
responsible patty in the staff report. He suggested for lathe submittals on an Appeal
Notice and Order to Vaeecte that it be clarified as to who is the anchor, who Is the building
owner, and who is appealing. He also asked how the distinction was made as he who was
the responsible party when there was more than one person involved.
City Attomey McClurg explained the responsible party Is anyone that engages and
fuciliiards the violation of the municipal code it could also be the person upon who's land
the violation exist. Thorn was fiuther debate on assessment of fines and Penalties and
whether the City is flexible on settling the penalties with the property owner. The city
attorney replied that they were, and that they did this on numerous occasions.
ADJOURNMENT
At 6:00 pro, Chair Duda adjourned the meeting to a Regular Meeting on February 11, 2019 at
5:15 p.m, m Conference Room 137 harmed at Public Service Bldg "B", 276 Forth Avenue,
Chula Vista, California.
Rosemarie Ree, Secretary
Page) 1 Board Of Appeals se Advisors Minutes Innuary13, 2018
Board of Appeals and Advisors
Meeting Date: oz -3>-2019
Subject: Appeal of Notice had Order to Vacate, 1161 Third Avenue.
submitted By: Lou El -Rh n,Building Official/Cade Enforcement Manager
Justin Gipson, Pare Division Chief ireMarshal
Property Owner PGN 198, INC
Tenant) Chula Vista parties
Appellant
Law Offices of Michael B.
Cindricb,
APC legal counsel for PON 198, LLC
SUMMARY
The "Chula Vista Exotics" is an illegal carmebe business located at 1161 Third Avenue (the
"Property'). The illegal barchoss contains unpermitted construction alterations including but not
limited to interior walls, electrical, doorways, and an unpenuitted use resulting in ah unsafe
building as it is improperly occupied, has inadequate egress, is a potential fire hazard is being
maintained as a public nuisance, and is otherwise dangerous to human life. Since August 2019,
staf'has been taking enforcement action against the business and propany owner to stop me
illegal business and restore the property to its original status. The business and property owner
have ignored the many legal notices issued to them and continue to operate with disregard ro
local and State rules had regulations. The City issued a Notice and Order to Vacate, which is
appealed to the Bored.
RECOMMENDATION
Fort die Board of Appeals bad Advisors deny the business tenant's appeal of the NO I ICE AND
ORDER'TO VACATE and uphold the Building Official's and Fire Marshal's determination that
Ne building at 1161 Third Avenue is unsafe and is being maintained as a public nuisance.
DISCUSSION
As mandated by the Chula Vista Municipal Code, my and all bought improvements conducted on
buildings within the City are subject to the permitting process and inspections under CVMC
15.06.080 (Permits) and CVMC 15.06 100 (inspections). Tourist improvements must be
Inspected and approved by City Building inspectors and City Fra Officials,
The building on the Ikopeny has undergone tenant improvements Including but not limited to the
construction of interior walls and doors. The tenant improvements have not been permitted by
the City of Chula Vista and cannot be permitted by the City because of the illegal use of the
building as a cannabis business. Up until December 12, 2018, the City of Chula Vista proldbited
Wl cannabis businesses pursuant to Chula Vista Municipal Code (CVMC) 5.66.020. Beginning
on December 12, 2018, CVMC 5.19 permits limited commercial cannabis activity In the City by
businesses who are dually licensed by both the State of California and the City of Chula Vista.
However, no licenses have yet been issued by the City of Chula Vista, and the City does not
anticipate issuing any licenses until later in 2019. As a result, all commercial eanno6Lc activity
remains prohibited in the City ofChma Viso.
The most recent approved tenant improvement permit was issued in 2013 to include partfion
walls, dears and miscellaneous electrical - permit B 13-1483 (Exhibit 11)
Photos reflect the changes in construction from 2017 Google map street view se photo taken by
Officer Padilla on January, 15, 2019 (Exhibit 12). Two doors on north side of building have been
sealed along with a window added on the west side of the building.
Case Hster ,
1, On August 15, 2017, shift received a complaint from the Chula Vista Police Department
regarding an illegal cannabis business operating at the property. Officer Padilla drove by
and observed signage indicative to a cannabis business (green cross, 24 hours, blacked
out windows surrounded by green lights). Officer Padilla took photos of the ectmior of
the property (Exhibit 1).
2, On August 16,2017, Officer Padilla researched the cannabis business locator using
website wwww wd=us.c and found a cannabis business advertising itself as "Chula
Vista Probes" with an address of 1161 3u Avenue Chula Vista (Exhibit 2} A code
enforcement case was opened for the rmpermitted business (C 19-0643) and another one
for the urovoca ive charter, (C 17-0646).
3. Prom August 16, 2017 to December 12, 2017, a warning along with several citations
were issued W the property owner and business for unpermlVed sighwge. The signage
was moved by J®uary, 26, 2018 and no fuller citations regarding signage were issued
against the property.
4, On September 18, 2017, sworn law enforcement personnel conducted an undercover
purchase of cannabis been a business identifying itself as Chula Vista Exotics at the
Property.
5. On September 19, 2017, Officer Padilla drafted a Notice of Violation, Pending
Assessment of Administrative Civil Penalties & Intent to Record a Notice of Violation of
unlawful cannabis evil vi ty against me property (CPI -0643). This was mailed to all
interested parties (Chula Vista Investments LLC located at 2142 Canta Lomas El Cajon,
CA and to Chula Vista Exotics at the Property) by first class mail. No appeal was
received (Exhibit 3).
b. On October 23, 2017, Officer Padilla received a call from Mr. Angelo Habib, member of
Chula Vista Investments, LLC asking about issued citations and what is needed to take
place to atop them. He said his lawyer is working on having the tenants removed.
Officer Padilla advised him to shut down the cannabis business, remove the signage and
have that lawyer contact the Deputy City Attorney. Officer Padilla provided Mc Habib
with me Deputy City Attorney's phone number.
7. On December 19, 2017, sworn law enforcement personnel conducted an undercover
purchase of cannabis from a business identifying itself as Chula Vista Exotics at the
Property.
I. On December 20, 2017, Officer Padilla prepared a Civil Penalty Notice and Order against
the property. This was mailed out first class and certified mail to all interested parties
(Chula Vista investments, LLC, Chula Vista Exotics and to the Loan company of San
Diego). No appeal was received (Exhibit 4).
A On April 3, 2018, sworn law enforcement personnel conducted an undercover purchase
of cannabis from a business identifying itself in Chula Vista Exotics at the Property.
10. On June 13, 2018, an inspection of the Property was conducted by a City of Chula Vista
fire lavestigamn7napeetor. The Investigator/Inspector noted several code violations
including the presence ofunpermitted magnetic locking doors, missing signage, and
general building without permit violations (Exhibit 5).
11. On October 31, 2018, Officer Cameron wrote and mailed out an inspection request by
first class mail to the Property (Exhibit 6).
12. On November 8, 2018, a check on fide revealed the Prop ary was quitclaimed on
September 14, 2018 from Chula Vista Investments, LLC to PON 198 Inc. A business
polity check showed The Agent for Service of Process as Tedd Abbot address of 2137
Olympic Parkway Suite 250 Number 348. That same day Officer Padilla, Officer )3mve
and Senior Officer Criterion visited the Property. Upon entering, Officer Padilla
observed a lobby area with interior walls and windows. People behind the window were
speaking with arriving patrons. There was another door leading into a room which
allowed patrons access. This door had magnetic locks on it.
13. On November 9, 2018, a Notice of Violation and Pending Assessment of Administrative
Civil Penalties for construction without a permit or inspections was mailed out to all
interested parties (PON198 INC, Chula Vista investments, LLC mrd to the Property) by
first class and certified mail (Exhibit 7).
14, On December 20, 2018, Officers Padilla and Bruce retained to the Property to post a
Notice and Order to Vacate on the enhance door, The Notice and Order in Vacate
provided ten (10) days to vacate the premises at the Property. Upon entering, Officer
Padilla spoke with the security guard on duty who was sitting behind a Plexiglas window
inside the lobby and advised him ol'the posting. The buildingviolations remained.
Photos were [akar, and copies attached as (Exhibit 8).
15. On December 26, 2018, an appeal was received by mail firm the law Offices of Michael
E. Cindrich for the Notice and Order to Vacate dated December 20, 2018. (Exhibit 9)
16. On Tart 9, 2019, teeing the Marijuana Business location websim,
cowexpeedricapa staff confirmed that 1161'I'hird Avenue is still housed actionable
business knohni as "Chula Vista Exotics".
Copy of screenshot of Weed maps on 1-9-19. (Exhibit 10)
Applicable Codes and Re culations
The following are soles mid regulations applicable to this case
1. Chula Vista Municipal Code (CVMCI 130 authorizes the City Manager W establish a
procedure for the abatement of nuisance.
2. Pursuant to CVMC 1 30020 the "city abatement officer" shall be me city officer for
enforcement of the city ordinances being violated and who initially declares said violation to be
a public nuisance.
3. CVMC 130 040 states whenever a public nuisance is declared; it may be abated in accordance
with the municipal code.
4. CVMC 15 06.060( states: "Occupancy Violations. When a building or structure or building
service, equipment regulated by Us chapter and the technical codes Is being used contrary to the
provisions of this chapter and the technical codes, the Building Official may order such use
discontinued by written notice served on arty person causing such use to be continued. Such
person shall discontinue the use within the time prescribed by the Building Official after receipt
of such notice to make the structure or portion thereof comply with the requirements of this
chapter and the technical codes"
5. CVMC 1506060(K3 states. "Cooperalion of Older Official and Officers. Ibe Building
Official may request, mid shall receive, the assistance and cooperation of other afoids and
employees so far as is required in the disabuse of duties required by Us chapter, the technical
codes or other city pertinent laws or Ordinances."
6. CVMC 15,06.065(D states: "Unsafe buildings, structures or appendages and building service
equipment me public nuisances and shall be abated by repair, rehabilitation, demolition or
removal in accordance with the procedures set forth in Chapter 15.18 CVMC." CVMC 15.18 is
the Abatement of Dangerous Buildings Code.
7. CVMC 15 06 075 (A) stales: "Unlawful Acts. It shall be unlawful for any person to erect,
construct, alter, extend repair, move, remove, demolish or occupy any building armature or
equipment regulated by this chapter and the technical codes, or cause same to be dame, in conflict
with or in violation of any of rhe provisions ofthis chapter and the technical codes."
8. CVMC I S 060'15(B) states: "Notice of Violation. '1'he Building Official is a ithanred to serve
notice of violation or ander on the person responsible for the erection, construction, alteration,
extension, repair, moving removal, demolition or Occupancy of a building or snuctum in
violation of the provisions of (his chapter and the technical codes, or in violation of a permit or
certificate issued ender the provisions of this chapter of the tecMical codes. Such notice of
violation or order shall direct the discontinuance of the illegal action or condition and the
abatement afraid violation.'
9. CVMC 15.06.075(D abates: "Violation Penalties. Any parson who violates a provision Oflhis
chapter or the teohuicW codes or falls to comply with any of the requirements thereof or who
erects, considers, alters or repairs a building or structure in violotionofthe approved coustmetion
documents or directive of the Building Official, or of a permit or cortificate issued under the
provisions of this chapter and the tmMical codes, shall be subject to penalties m prescribed by
law."
1(1 CVMC 15,06.115 ) Certification of Occupancy stabs: "Use or Occupancy. Buildings or
stmotares shall not be used or occupied nor shall a change in the existing occupancy
classification of a building or structure or portion thereof be=ds until the Building Official has
issued a certificate o C occupancy."
11. California Civil Code: Section 3491 carbonizes abatement as a remedy against a public
nuisance, Section 3494 Of the Civil Code authorizes a public body or officer to abate public
nuisance.
12. CVMC 5.66.020, 5.19.030, and 5.19.280. Up until December 12,2018, CVMC chapter 5.66
was the only municipal code chapter addressing commercial mmijuana activity in the City of
Chula Vista. CVMC 5.66,020 read "Commercial marijuana activity is prohibited in the City of
Chula Vista, and no person or association of persons, however formed, shall operate, perform,
participate in or locate a commercial marijuana activity in the City. The City shall not Issue,
approve, or gram any permit, license or other enlidement for the establishment or operation of
commercial marijuana activity in the City of Chula Vista." On December q 2018, CVMC
chapter 5.19 went into effect and created a licensing and regulatory structure fon the operation of
mariparn businesses in the City. CVMC 5.19.030 permits limited commensal cannabis activity
within the City by businesses who have obtained both State and City licenses authorizing such
activity, CVMC 5.19.280(A)(1) states. `It is unlawful to: (1) Operate, conduct, or direct
Commercial Cannabis Activity in the City without a valid City License unpromising such
Activity ... (3) Use any parcel or my portion of sucel of land as a Commercial Cannabis Business
without a valid City License ..(4) "Lease, rent to, or otherwise allow a Commercial Cannabis
Business to occupy any pencil or portion of proof of land in Ne city without a valid City License."
No such City licenses have been issued to date; the business operating in the building at the
Property is therefore prohibited
CONCLUSION:
The building at the Property is currently being used as an illegal business, contains importuned
construction alterations, is being maintained as a public nelsaoee, and is otherwise dangerous to
human life. The business and Property owners have ignored de Notices issued to them. As a
result, City staff respectfully recommend that the Board of Appeals and Advisors deny the
alleged Property tenant's appeal of the Notice and Order to Vacate and uphold the Building
Official's and Fire Marshal's determination that me building at 1161 Third Avenue is improperly
occupied, is unsafe, and is being maintained as a public nuisance.
Re ibits attached:
I. Front sheet elevation photo of exterior property
2. Webpage listing Chula Vista Exotics
3. Notice of Violation
4. Civil Penalty Notice and Order
5. Fire Safety Inspection Report
6. Request for Inspection
T Notice o f Violation, Pending Assessment of Administrative Civil Penalties
8. Notice and Order Dangerous Building
9. Request for Administrative Hearing
10. Webpage listing Chula Vista Exotics
11. Tenant Improvement Permit B13-1483
12. Photos reflecting construction changes
Exhibit 1
v
Exhibit 2
Chula Vista Exoties 24 Hows - Chale Visf,CA-Revie�ss- Menu -Photos -Manjueua... Pagel of
Chula ViSm Esoics2k Hours - Chula Vista, CA -Reviews -Menu -Pbows-Marijuana... Page of
Rights us lith Pdce
SHOW qLL PRICES
Aybrid (21)
IT hest Hi hiliPaw
SHOW qLL PRICES
Extract (88)
IT hwt HelfOmm Pass,
SXOW ALL PRICES
Edible (231)
HlgEdtPTQe
Tophsls (9)
Highest Pfice
Preroll (48)
Highest Poise
Menu xisemed 14 hows ago
Chula Vista Dispensary - Chula Vista Exudes 24 Hours
First-TimePa6®ts
45 GRAMS OF TOP SHELF
-b8 GRAMS OF PRIVATE MERVH LIMIT 10
$12 GRAMS OP EXCLUSIVE UNIFF m
-FREE PRE -ROLL
-25% OFF VAPE CARTRIDGEQ WAX, HDIBLPS, CBD
Announcement
OPEN 24 HOURS EVERYDAY
ATM Ou Site
About Us
We am all about Hallett Caw, add setdng new savdmds.
Come see for yowsalfChuUVista 'a newest Cadiediv , ad receive a FREP Fomt what your at it!
MUST PROVIDE: Valid Cuifenial I.D. sad ORIGINAL letter recommendation to jow em Co11eCevel
Sunday
12'.00am- 12:00am
Monday
12:00em- I200nm
Tuesday
haps://weedmaps.couddispenaaries/chola-vistaaxofic oR11OOmv
Chula Vista Exotics 24ilours-Chits, Vista, CA-2evrews-Month -Photos -Mahijuava._ Page4of8
12.00am- ¢:caan,
wedn,vity
mooars 12 Ham
Thursday
1200a i- 12,00am
Friday
12 00,v,12 Wave
Smnaay
12 Mass 12 ouam
Atltlmss
IItI3rd Ave,
Chula Vista, on, 9 19 11
Phone
(6191655 9996
tonal
chilav stwxctl¢('iemaleo
A,ebook
Twitter
""suras,
Member Since
Aagmt l ltb, 2019
Our Reviews
Add My Review
Featured
Featured
Most Reece
Ma4Flelpful
Piease comfort your enter Neese vstitwg a review. i__. I
Ressntl eme'mnPimetioni —�
so
migarednwn
50
Accessimrry
Sc
Atmosphere
so
Bud Quality
0
price
0
staff
beet spot ever
9 hours NO
httos://weed aos com/dispeusuies/chula-vista-exotic 08/16/2017
Chula Vista Exotids 24 Hours -Chula Vista.CA-Reviews-Mereu-Photos-Mffiijuaoa... Page 5 of
Em bud Porgmrat deals l love thi"pot
rI o' ad UD 'Cultural
50
a,agaretlawn
5.0
Rice
sa
Accessibufty
50
Stuff
5.0
Atruosphars
5.0
Bud (uia ity
New Fay.Spot
20 hours ago
Just lefS aMA flowers luck d mw add Gest with please to chasm from Good locaim vdM porklug.(juR'Pored,
so some tlilnp sa still bang put dtlup.)
Please torso slnyµfim wmmmt
mvmaro
5.0
naoga4down
5.0
Accessibility
50
Price
5.0
Staff
50
Bud Qrsdiy
5.0
Smrosphere
Great dispo
a day ago
Chula Vista pores 24 Hours
Chula Vista Exotica 24 Hours
about2l hoanagu
haps://weedmapacom/dispeos es/chWa-v tax tic Oxn Fnmv
ChNa Vista Exo5es 2r4 Hous -Chula Vista, CA -Reviews- short - Photos -MoriJun,a... Page 6 of
Thank you! See yno again soon!
Pluae ',in or plan at oommenL
5.0
avigaredown
5.0
late,
5.0
Aunosphea
5.0
Bad Quality,
50
Aacesshadly
0
staff
First time
e day aro
Joao was a great poplar ant also exhemely Glenaly she axpkduedtow lois brand new dlspemaryis going to our an to
the new hobppl On 3r1 ave also very fn'eudly IT be coming back intone, assay one ofloe best dope to visit on your
first time
Chalk Vista pashas ZI Hcurs
Chula Vista Causes 24 Hoon
about 21 hams ago
Thank you!! We appreciate you and Lope to see you agave soon!
Please >ors en or to comment.
619420vlone
5.0
swigmedaun
0
Stuff
50
Atmosphere
50
Bud Quality
50
Accessibility
50
Rice
Great
hlrys://weedmeps,com/disponsmies/chula-vista-exolie nen ann,�
Chula Virtu Exotics 24 Hours - Chula Vista, CA- Reviews -Meuu- photos -Madjuuna... Page 7of8
e day ago
Nloe place best people 100%meommand
Chula Vista Ex0tiss 24 Haan
Chula Vista Exotics 24 Flours
about 21 homy ago
Form ywl We Wre m providwg the beet lot dm padents:e
Plaasealmar jas aah ebmment.
Cannabis Deals
First -Time Patients
$5 PRAMS OF TOP SHELP
48 GRAMS OF PRNATE RESERVE LMT lc
$12 GRAMS OP BXCLD9NE LIMIT IC
-FREE PRE -ROLL
-25% OFF VAPB CA FFUDOES, WAX, ED®LES, CBD
Weed Pies
Weed Videos
About Us
vveedinaps
Wnedmapsea, is Na mostretlable onllna restate N Edd canoes sbmEon4, doctors add dome,
Facebeokf
dsWgaro�
TmmmV
M cl
to
NAVIGATION
BRANDS
D SPENSARiES
• DELIVERIES
DOCTORS
STRAINS
• LAB TESTED BUD
• ADD ADISPENSARC
• .ADD A DFLNERV
ADD A DOC] OR
•CONTACTUS
hltps://weedmaps.comdispeu ies/chWa-vista-exotic na.1<n1,1
Exhibit 3
&�wi
CODE ENTORCDMCN'TDMSION
CITymDEVFT,(CTENT SERVICES DEPARTtEll
CHUTAVISTA 276E0uRTIIAVEETE,nns2RECw1AVIST4,CA 91910
PIIONENO.: (619)691-5280 FAXNO.. 619)565-5681
NOTICE OF VIOLATION,
PENDING ASSESSMENT OF ADMINISTRATIVE CIVIL
PENALTIES & INTENT TO RECORD A NOTICE OF
VIOLATION
Notice Date: See 19,201] Violation Date: Sep 14, 2017 Case Numtier: CU -0643
Violation Address
1161 3e Avenue
APN: 629-171-02-00
Chula Vista, CA 91911
Pospa cable Parties.
Chula Vista Investments, LLC A California Limned Liability Company
Chul2142 Cants Loma, El Cajon, CA 92019-3622
TSk
TSN
You are hereby notified of the following violation(s) of Municipal Code Section(s):
Commercial numillena activity Prohibited (566020 CVMC)
Description of Violation:
Operation f a coammerci 1 inexiimana dispensainr atth erty
Comments/Corrective Action(s):
Abate commercial marl Pana activity at the Property. This is the first offense within one year
On the Same br000rty.
The above violatim(s) must be corrected by October 3. 2010. The city will conduct a remepecomm after
that dare. Tithe statements) has (have) act been corrected by date shown above the following actions may
Assecament of Adminirtramve Civil Penalties
Administrative Civil Penalties may be assessed at a rate of lip to $2,500 per day, per violation, for any related
series of violations. Penalties may be assessed for each Individual Code section violated and may aocrric daily
until the violation is corrected as authorized by CVISC 1.41.110.
The crucial date for Civil Penalties subject 0 this notice and order is September 19,201 Padute to comply
mag result in the assessment of higherpemlties.
Page 1 of 3
To avoid Assessment of Civil Penalties, you must make all corrections on or before October 3 2017 -
If
mections include plan submittal, you will not be charged for the days the plass mein plan check, butyou will
N charged for all other days the property remains io violation.
NO EFFECT ON OTHER ENFORCEMENT ACTIONS
This Notice of Pending Assessment of Adrninitradve Civil Peralfies represents a separate and distinct
adomemmt union against the property. It ism addition to any previous enforcement or cost recovery about,
This Notice of Pending Assessment of Administrative Civil Penalties does not negate or replace any previous
fee or penalty assessed against the property, nor does it cancan or modify any previous compliance deadline.
Notice of Violation Recordation
This notice will be recorded asocial Yom property's title in me records of San Diego County and will not be
removed umildre violations) lined above has (have) been corrected and all fees, fines, penalties said costs have
been paid as authorized by CVMC 1.41.040.
As the property o racci4ender/lien holder of the above-described property, you have the right to object be the
ecmding of the Notice of Violation. Your objection meet be m writing, be accompanied by a 3400 deposit
hearing fee, and be received by the Code mhomeporm Division at 276 Fourth Avenue, MS 200, Chula Vista,
CA 91910 by October 3.201]. Please state in your ¢trached Request for Hearing to= the factual evidence you
feel will demmutrate why a violation of the Chula Vista Municipal Code lops not been committed as outlined
above and, therefore, the recordation should not be completed.
You abjection will ufford you the right to a hearing, at which time you may present your evidence to m
impartial hearing examiner. You will be notified of the date, time end 7ocatie¢ofthe hearing.
Chic Hearing Examiner rules that the Notice of Violet rs shall not be recorded, a clearance letter and copy of
the piling will be mailed to the property owner/lender/limholder. AreSmdofthedepositwlllelsobormshdm
the party who paid the deposit.
Ifthe bearing examiner dabermines theproperty is, in act, in violation, or if me owner/leadedlien holder of the
property described above his to inform this department of Nadir Objection to recording the Notice of
Violation within the above-described time, the Development Services Department will record allotice of
Violation with the county recorder. This Notice of Violation, when recorded, shall be comsandve notice of the
violation(s) to all smaeseem-th-vteren th such property.
Note. If the appeal is denied, the ownerdender/lien holder will be responsible for Ed can of the hearing,
including enersiodon a¢d sniff mare. This may require adllom monies to bepaid to the city.
Core: the Notice of Violation has bean recorded, m building permit or other development permit shall be issued
to Father develop said property m oshmil there has been full compliance with the Chula Vista Municipal
Code and any other applicable codes. he Notice of Violation wip remain recorded against the property umtil
the payment of all foes, penalties and costs. The city may still use Turner mopoaemmt action to bring the
property into compliamce after the Notice of Violation has been recorded.
Yea will be responsible for payment of $200 to the City of Chula Vista to have the recordation removed.
In addition, the ownerAimaler/lien holder win be responsible for any and an additional staff time and
direct and indirect costs of enforcement, remediation and her abatement of the violations) per CVMC
Page 2 of 3
h41.140. H the costs are not paid, the city may seek payment by placing a lieu against the property or by
aucssing the costs in the same marcor as municipal tuts.
To schedule a compliance myssiAon appointment, or if you have questions reogm g this nonce, please contact
Cade En nemement Officer Daniel Padilla at (619) 407-3553.
Daniel Perdido 0 d k -?+l
Code Enforcement Officer
Anachmem(s): Request for Heaimg Fo®
Enforcement Remedies
Chute Vista Municipal Code Chapter 15.66.020
M The loan Company of San Diego
Chula Vista otms
Page 3 of 3
MUCITYMMA lAA Development Services Department
Code Enforcement Dimuian
REQUEST FOR ApMINISTRAT H (APPEAL,
You may request a hearing to contest he proposed dauddrve ani on on the properly stead bels
(CVMC 1,40.020). Please Ell lout he iufomwtionrequeared below and deliver his from to the
Department of development Services, City of COWa plata, 2761-ourh Ave., MS•B200, Chula Vism,
CA 91910 before 3:45 pm on of before this (late; ]0.}17
*You mu%pay a deposit amoral of $400 at the time you request a hedhg.
gPloopost Fulminator tPropeM Owner or Bnsponsible Party):
PriaName Sugramre Dare
Caseapart C17-0643 APN: 619-171-0200
Violation Address: 11613"Av CI W V' q 9 I1
recreative Acfim(s) under appeal: N Prn R dC' lP ul'
Code EN'oronned pPocer p peedis Phone Number (619)4073553
peasants) for Hemming: Please be sperdle. You may attach additional numbered pages.
Failure to request a hearing by the data Indicated shall waive your right to appeal and contest the listed
action. This four is provided for your convenience to rhe an appeal.
*rfymu appeal is upheld your depositwill be refunded. Ifyour appeal is headed your deposit will he
credited toward he around owed to the city. Additional costs maybe assessed for heating preparation,
notification and appearance should dr. appeal be denied.
Failure to pay a debt to the city may heart in the placement of Beo on his property.
Compban[e with Americans wRM1 0lssubLIA es Ad
the
The reef mmnlanre triturate
in anclrym tlM, asNt,o reset mae[e regeaeso h aremmmedmpam Mase
par d rind sn ®rr, mmun s and ad da" rn aavana hr sWeGuleh xMws and aanvWea,
elm nspe,ta a ( )n _ n ease ,teda a
276 EOU RTH AVENUE MC B-200* CHULA MSTA. CALI FORMA 9 19 10
Exhibit 4
A;\I/o
,.r.:r CIVIL ?ENALTY NOTICAI AND ORDER
crrc o6 DEVELOPMENT SERVICES DEPARTMENT
CH
UTA VISTA CODE ENFORCEMENT DIVISION
276 Fourth Avenue a Chula vista a CA 91910
YOU ARE HEREBY NOTIFIED Nat vlohdons of the Chula Vista Municipal toes p•evme•'I in on ma
remain pmperty Mentlfletl below and you have been awassoc l civil penalties pursuant o CVMC g 1"rema You are
tinning to violate the law and are ORDERED to pay the amount set forth below. The penpi owner antl any
other reaporwlble parties (such as a tenan4 meJoinfly liable forpayment ofcM/ penalties.
CRY of Chula Vera
ticat Code rCWC-) 111 1 Al. 110 prondes "Of me
A Municipal Code. Peimma(I Iran be assessed for as much Am $21500 erday. Thenoeo(aM are per
valarViolationsof
and are cumulative. Penalties can be assessed the Flrrt da p y d"nllihe are per heama per day
Ma Violation, and all days in between-wbetherobaenced by an officerobservetl the violation, the last tlay he/she observed
by officer or not.
191JANCE DATE:
Officer
PROPERTY LOCATION: 111613'°
AasES6ORE PARCEL NO. 619171 0 2 0 0
RESPONSIBLE PARTY:
Chula Vista Investments, LLC A California Limited Liability Company
MAILING ADDRESS: 2142 Cara Lomas
.ymste: EI Cajon, CA
2lpcotle: 92019-3622
CVMC566.020 Operation of a medical maj. ane dispensary
81,500
hit=Assess -n bENA P� f -
a Ygo . ,osXrM"1t..
ac auAL nra i°^ li TC CA AMOUNT 0
6aP 14 cNov 29, 20t]� ]]ten sa t$t fWs 6i g0
$t 500
f em �m�yyF�li t ly N MlL IowiP or
I9 c .d8rt5
ease operation of the medical marluana dlsp nsary. -
RIGHTS TO APPEAL
Wits and the
(Bo drelena ra ve iryouelrenIla bodies and
regimen Annappal mi from the date pfne cmu Panauy
Code Enforcement Dlvlsien appeal must be made In writing to.
Development Services Department
ATTN: Request to Appeal
Ciry of Chula Vote
276 Foadh Avenue
Chula Vista , CA pride
Toop
tin an amount egualt0 boo
eofi511am euntof or F08
N the farm Ma Perform
l check, cashieYs check or mane
musibesuberrill Once the City has receNetl the"Persft Runless tM1e penalty
is in excess of$1,000, In which casepoly$ p00
ut_
an 0
Aeadng will follow the PlacetlPlay so'0 in Sectlon 1.40 050tof me Chula Vis aeMun <ipa earringCowill be scheduled The
rraeilure am of any person to properly FlIs own
appeal antl susemit the
mgabrad tlepoait within the above-etatetl t4
'alumad 0aya (Or calenal No MOO OOdefdte reeitlents) I dy all
constitute
a delver of your ealeoa
r+ P Poe Ci elf Penalty NptiCe antl Order. Note If you
qualI as an in it gent Pe monetary tle
order
Cmeaf the
Cfly
's Cotle Lina me mat
Division for
more
informston ill (e1g)601-5280. PPeal the
rY positwill bewaived.
M 'T
HOW TO PAY PENALTY
Theemounterthe Penalty is indicated
on the front Cfthis Civ 11 Penahy Noticeantl Ortler. Pa
NshkPubltc Services Bor Ulltlngrapay
men tak made
Payable e matle bfChuIs Vista. Payment maybematle In
eal
ymentcan be Made byPersonal
y mail and
arch, etl tCity of Chute Virtuo tM1¢kllawinB: Perecn et the Chula
276 Fourth Avenue
Chula Vale, CA plate
AM: Cade Enforcement Division, Civil Penalty
then plase follow Me penalty is not paid or contained divan 14 calendar days, assessment will be deemed final and due as an assessment
s do ensure
,Ifuture to coned the violation, nor shall it baoeoauaccuremh by Of Your Payment PaymeMOflhe penal
penalties or further enforcemen. agien by the shall hot ORyse
CONSEQUENCES OF FAIL URE TO PAY THE PENALTY
A(ull Payment of this Civil paned Notice and Order is not received wRM1ln 45 Jaye, the City wh record Me remainder of
Ag asheoronfchimeperty, as auNorized by California Government Code Sectlon 54888.Y
ouryin
h edron——�---TM1e Ciry M1as Ne authority to collect ellmsls assocratetl with the filing (.
CONSEQUENCES OF FAILURE TO CORRECT VIOLATIONS
Ifyou hit he Correct the violations lutea on this Civil Penalty Notice and Order, Civil PenaNes may 1119 on, the City may initiate further enforcement often Indutling, bul not limited b, abatement, criminal
lillgation, recording (ha violamn with the County Recorder and In
of certain State fax benefihnfor a accrue in
substandard
rzsitlentlal ran(alpmperty. These colons emoowerthe Chyle multsb SGuefr ormakete fewo Prosecution ill
arreved, and to Incarcerate violators, Any of these options enablers avallable do the City may be'Sart Roompliance barah
Popende
10 EFFECT ON OTHER ENFORCEMENT ACTIONS
nyrevi Penalty Notce and OrdePact r2presenhe separate and dismict enforcement ad against you. It is in addition to
yy previous enforcement or cast recovery action. This Ch l Penalry Notice and Order tlaes ins negate or replace any
you head further Nous fee or penalty assessetl against you, nor does itexta n l or modify any previous compliance tleatlline.
about
Ph Enforcement Dlvlalon at (619) 691,5280 (of the Penalty, about the viol itons and/or haw to comply P/ please call the
\\11i
.,dUL4VISTA Development. Services Department
Code Enforcement Division
REQUEST FOR ADMINISTRATIVEH (a PPP 1)
You mayreprot a RNI no comer me proposed coaeodve sedge on the property shown below
(CVMC1.40.020). Please fill initial infofmutionrequested below nod delivertais form to the
Department of DnvelopmmttisemIces, City m CI,W.
CA 91910 beVista, 296 Ronrth Ave., 1VI$•B2VU, Chute Vkta,
fee 3:45 pm on or before this data'Ia 3218
*You must pay a deposit amount of IOOo.00 a[ 60 Chad you request s hearing.
Appellant payrdy on(Property Owem or Responsible Party):
Print Name Signemre Date
Mailing Address
Daytime Phone: (_)
Case Number _ Arm.
Violation Address: _
Corrective Action(s) under appeal(_
Code Enfineineut lPficer: _ Phom Number: 6191__
Reasums)fr Rearing PlessebespeciGe Youmayattachadditiwal boredpages.
Railare to requeeta heariugbythe date I¢dioated shall weivethIm rightto appeal end cont Yfe listed
ectral This form is provided fr your co¢veitience to file un appeal.
*If your appeal is upheld your deposit will be reflmded. If their appeal is denied your deposit will be
creditedmwad the amount owed f the city. Additional corn may be assessed for belying preparation,
nofPydAt An and appearance should your appeal be den sod.
Pailore to pay e debt to the city may result hr me placement of His on this property.
C andareare wRhegmen'cans Way Johnailltlas nR
TM1d -/ qu0 sen m mune %dna en e 4 wed
miBr�o senna), es uth who ell ad
medism, m ems"aire�e, ane/xr�arun�ekme pry me 1y • ma
F Ave
brtenhht has'
)11 vo w, A, III end Ma dap In eennce %r sMNulensertJ&¢soany amusias. wCjg Wase mntast a code
It ME9o.
276 POO RTHAVENUE M5laden 'Corg NSTA• CALIFORNIA 91910
Exhibit 5
p, FIRE SAFETY INSPECTION REPORT Ty ,I NRd,yIjL-
'� FIiHKEVPNTION DIVISION - 'Ankh Ai RudiffingC, Suite R -I' a v1n,CA91910
161916915@9 f,,olYI6915i revwcA Azv ppea. gov/gotoffreprennllon
R I„ IL xw a oaNw NSA HEv. i J/A
pIW " "IffeIvx I'Y h S _ P nOaYe�e1/P
comvlvei¢nExnaa,ev: 11 �.1 'L nl d sunm ve Pbon¢
OwnarPmpeM Manogunen✓ComoWc 09TVC PM1ooa.
11p�l�� we r ,Lc�,a19
❑NovrD1AaON5 ❑Epd,YRILIAL
CODE #j
COMPLIANCE REQUIRED
INITIAL
DATE
Large imiicui Rl rby imr
clistea
11 m�mm�o ,has
u e urcw.iMn
� 1y.ou� d�c perks N1 xf
as, noLas to di mry M pmc'uvJ u a oammal off zM
va Page,
ander hen, La If No = IY II
3rd
6add v II _�h✓
{!s
ILr
a 1 _fi^s
if � E liw eN vn-IcC�cC wTC�e
❑ a wR o_.. .—
Pa nEa ,,:
❑ moo:.
_
R� YP
H S'Ai
Rr._nse9x _ISN vd sio„�__a�rA
�r:, uTu( azof_
CJ�ucn
�1d n..Yni S�eII__1A_l• bl IYs f
__�
ANA AHD.Ili ana,city o,,,u,o..aP,,...:,..Mail caps a,b,,,..IN
RNPASPECDCANDArEsl NSPECTOR TMESPENT
Large imiicui Rl rby imr
clistea
11 m�mm�o ,has
u e urcw.iMn
as, noLas to di mry M pmc'uvJ u a oammal off zM
va Page,
ander hen, La If No = IY II
3rd
6add v II _�h✓
IASAga b I holy Aum M1
Ai 113 5 TAl
❑ a wR o_.. .—
Pa nEa ,,:
❑ moo:.
—
❑
R� YP
H S'Ai
ANA AHD.Ili ana,city o,,,u,o..aP,,...:,..Mail caps a,b,,,..IN
Exhibit 6
CHULAVISTA Development Services Department
Code Enforcement Division
Request For Inspection
October 31, 2018
Scott Fronozek
7345 Alberdi Drive
roman Grove, CA 91945
RE: 1161 Thhd Avenue, Chula Vista, CA 91911; APN: 619-171-02-Ot Case lICl]-0643
The City of Chula Vista Code Endorsement Division has attempted to (soma you on the following
occasions regarding possible code violations at the site address above:
• On 05/01/2018, a Notice of Vlola6on, Pending Assessment ofAd dstr five Civil
Penalties, intent to Record a Notice of Violation and Notice and Order to Abate, waa sent
naregular and mortified mail.
To date,
O s have not responded to the City of Chula Vista's notices. OR
�_ on rumors to refuse access to the area in question.
The city is askinis that you volmilar ly allow Or inspection of annular of the building.
It you have not contacted Code Fnf eramem by November 8, 2018 m schedth
alea inspection and
the inspection is not held by November 15, 2018, the city voR seek an inspection warrant for this
inspection. Failure to allow an inspection after a around has been issued is a misdemeanor
violation of slate law.
To schedule an inspcctiegplease call (619) 585-5796.
Evan Catacomb
Senior Code Enforcement Officer
cc. Building Official/Code Enforcement Manager
D. Padilla, Code Enforoement Officer IF
Exhibit 7
CODE ENFORCEMENTDIVISION
CIWOFDEVELOPMENT SERVICES DEPARTMENT'
CHULAVISTA 296 FOURTH AVENUE, MS 200, CHULA VISTA, CA 91910
NOTICE OF VIOLATION,
PENDINGASSESSMENT OFADMINISTRATIVE CIVIL
PENALTIES
11613m Avenue PON198,INC a California Limited Liability Company
Chula Vista, CA 91911 Agent for ServiccofPmcric' Todd M. Abbott
2127 Olympic Parkway Suite 250, No 348
Chula Vista, CA 91915
Chula Vista Investments, LLC
2142 Ceuta Lomas
Unnemutted Wrom improvement including but notlimited t M f f'nacricar Wallis,d paperboard
utilities.
Comments/Corrective Acfian(s):
Remove uv d temant Improvements and utilities
The above violatimAd must be connected by 11/23/2018. The city will conduct a re uslo etton after that date.
If the violation(s) has (have) not been corrected by date shown above the following serious my occur.
F—IIf box is checked, you must obtain a permit to restore[ d/or mithies per instrued
below.
A budding permit application and building pians shall be submitted to the Building Division by N/A. Arden
&me fee is required at the time ofsubmittal. An investigation fee with be charged. This iuves6gation f ism
additional amount equal to the permit f .
1 the event imperious to plans aro required, the imported plans must be submitted to the Building Division
within 10 days of notification of the required corrections.
Page 1 of
Upon approval of the plans, you must pay the appropriate fees and obtain the building penult within 5 days of
notification. All building consumption work prc40usly perfumed without a ending permit must have an
inspection requested within 10 days of obtaining the Permit. Any required roveetions noted by the building
inspector must be completed and must have an inspection mgaested within 10 days of receipt of the arra rmor
notice. If Ore canshrctioa project was completed without a Carom, then al inspections, including a fuel
rejection, most be obtained within the timeframes idmlihed above.
If you fail to comply with the schedule identified above, further enforcement action will be taken which
may result In the assessment of full cost recovery and/or other related fines or penalties as authorized by
CVMC Section 1.41.060 which is attached to this notice. These charges will Include a0 pins annual costs for
Had spent conducting taverfigations, enforcement, and remediation Or abatement of the violation as
drealbed in CVMC Section IA1.140 which is attached to this notice. The City will bill the responsible
pmson(s) for these costs, and if the costs are not paid, the city may seek payment by placing a hen against
the property or by assessing the costs in the same manner as municipal tares. Contact the City Code
Enforcement Officer listed below at (619) 407-3553 IT you have any quesfions concarsng this matter.
Assessment of Administrative
YOU ARF. HE, REBY NOTIFIED that you are subject to Civil Penalties pursuant to CVMC $ 1.41.110.
'the properly owner and any Other responsible parties as defined m CVMC $1.04.010 are jointly liable for
payment of evil penalties. Any assessed penalties MAY be Hen againat
Me Prepare's
title.
Administrative Civil Penalties may be assessed at a rate of up to $2,500 per day, per violation; for any related
sales of violations. Penalties may be assessed for each individual code section violated and may accme daily
Until the violation is eomected as authorized by CVMC 1.41.110.
The accrual date for Civil Penalties subject to this notice and order is 11/9/2018. Fagare to comply may result in
the assessment Of higher penalties.
TO avoid Assessment of CIA] Penalties, you must make all corrections on Or before 11/23/2918. If
reactions include plan submittal, you will not be charged for the days the plans are in plan check, but you will
be oharged for all other days the property remains in violation.
CORRECTIVE ACTIONS SEEDED
Remove all umermidedimprovements and utilities
Faulty rates we established using Me following criteria: duration of the violation, Impotency of odwencrce of
this of other violations during the period; seriousness, Idstory and impact of the violation on surrounding
propaniw; good/bad India effort toward complianeq the actions to hinder m intaiem with correction; and
financial abilityoftheresponaibleparCyto correct the violation. Civil Penalties maybe accrued mrsoorive to the
date me violations ware last discovered, as evidenced bythe issuance of a Notice o£Vielanum pursuant to CVMC
¢1.41.030.
u10 EFFECT ON OTHER ENFORCEMENT ACTIONS
Paget Of
This Notice of Peodmg Assessment of Administrative Civil Penalties represents a separate and distinct
enforcement aotlon against The property. It is in addition to any previous enforcement or cost recovery action.
Nix Notice o£Pers ing Assessment ofAderiquarative Cdvil Penalties does not negate mreplace stypmvious fee
or penalty assessed against the Property, nor does it extend or modify anyprevious compliance deadline.
In addition, the onaevleada-Men holder will be responsible for any and alladdi dm al staff time and direct
and Indirect costs of enforcement, remediation and /or abatement of due t olichath) per CpMC 1.41.140.
If the costs are not paid, the city may seek payor®t by placing alien against the property or by assessing
the coats In the same manner as municipal taxes.
To schedule a compliance inspection appointment, or if you have mechanist regarding this noticed please contact
Code Enforcement Officer Daniel Padilla at (619) 407-3553.
Daniel Padilla
Cade EnPorcnment Oftieer
Attachment(s): Enforccment Remedies
CVMC 15.06.080
CVMC 15.06.100
cm Scott Fromseek
Page 3 of 3
Exhibit 8
(,}{(HAYly7p Development Services Deparar t -
Code Enforammt Division
December 20, 2018
PON 198, Inc.,
A California Corporation
Todd M. Abbott
2129 Olympic Pkwy Ste 250 No 348
Chula Vista, CA 91915
NOTICE AND ORDER
DANGEROUS BUDDING
11613"' Avenue, Chula Vista, CA 91911; APN: 619-171-02-00
Pursuant to Chula Vista Municipal Code("CVMC") chapter 15.06 and based upon
evidence that wpemnitted construction and/or alterations exist, I have determined the
building at 1161 3°' Avenue, Chula Visor, CA 91911, APN: 619-171-02-00, m be am
havens build ss as it is improperly Public
has imdegtion egress, is a potential firs
CVMC is bing as`n maintained pubhcnuie rsiv svmalis otherwise
and
CVMC 5.19.030 as an mmlawfd marijuana busimss, and is otttarwise dangerous to
hmnan life.
The building at 1161 3itl Avenue, Chula Vista, CA 91911 must be smand within ten (10)
days. Nym fad W comply with this NOTICE AND ORDE$1 may cause the building at
issue W be vacated, seamed, and maintained against entry in accordance with all
applicable laws; the cost of said abatement may be levied and assessed against Cm
property as a special assessment lien or billed deettly to the property owner.
Any person having arecord title Or legal interest in the building may appeal this notice
and order or any aefion of the building official to the Board of Appeals and Advisors
provided the appeal is made m writing and filed with[he Building Official at the address
listed below prior to the expiration of nu rrbor of days specified above requiring the
building to be vacated. Failure to appeal will constitute a waiver of all right te an
administrative hearing and deterounation of the matter.
Sincerely,
ovE nun, PE, CBO, CASP
utg Official/CodeEnforcement Manages
Development Services Department
276 rovua Avmmq Cnob Psm, CA AIM vwdh.IIIIIA Ver 1 I619)oa-ss 1 61161914Wnea
JV �_
ODA DeMopm m sery m ueo+mmen
CIA, Flon,renIf mann.
Fbe mM201`11e
KIN 196, Irc,
m c"mim
TMJM Abhm
2117 Ulymp< PI q A<]50 NO 346
Uull Vi CA 9 191
NOTICEANDORDER
DANGEROUS BURDING
u611^ Awmc CbUl. VFu V 91911: APN 5l%I7 1axm
Wnuun bQuh Vnu Munin yl CMer ClT1Cl rYyo II N, W Nml upon
...Jeer,, Ilex npmuneJ mn mmWa ew.I w,, letmrMu
buddtg al 11613In Neper. Oul+ V, v4 C A 9919 J, ANN: 614171-0aA. It Nm
""I. buiumb 11111& hlr y va<upel Ire tM 9p Y.,, mwmW f
I Vjl l<hIN moi"O' d" I ry61k nwmnee rn ml+2u M CAME 5 A6 No ,J
CVMe 519010 m At rmhnful trejuw Fmrrc M Intl b M w mm
bums bfe
IDe htld,4411611'+Auenm, ITuh V10, lA 91911 meet h<o¢J unhln un 1101
Jup ¢10
0be
xfulwe,gteuneA wM1e BmJ+uNnwUmdf gANlwD UawRDyGin,+1<etejfi tewiIh elul
eppligMkhtrc.lbe<ol
llEiNne
ofaiJ I... w mmayre IniMhe nm utwl eh
peyem +' u Iptt'1.1 u.'amem 1 im er a11m Jeemly w eN portr mneu,
Ate ting «oN tile 11 leµrmenm m Ne filM104=3 V e`a' "t m! e
uuloNeral ny nnivn oNrc hllduNwb e9 M Be Buvd MANlcAI mod Ad"twIt.
pmuNN Pey¢A n mntlt in muoa" fl'w hJe BUWiNan,t,de Je Wrzn
hXMMlox MMIno Ommp"hwam"Ib 6Yt+AiGynbretryuin02 be
NOJing Ino h r"W VaJxem nppol w11 empWYe+Wm of Jl ngMuu
tlmmenevire levnnO eetl MemJn6onef 0r nine
5lreerd�.
to I'rNkmr.r'<BO.USP
dmg0lBein
Lll-tt'lflI,,,I SMet, DINIUxrvmnr M+uge
,-A
Exhibit 9
MICHAELE CINDIUCH APC
December26,2018
Sent via FedEx Oul
City ofChma Vista
Development Services Department
276 Fourth Avenue, MS B-200
Chula Vista, CA 91910
Re: REQUESTFORAO11MSTRATIVEMARING(AppEAL),
BUILDING "DRESS: 11613" AVENUE, CRULA VISTA, CA 91911
Lou El-IChazen or To Whom It May Conten,
Please be advised then the Tom Offices of MichaelH. Chobich, APC, has been retained as legal
counsel for Appellant CHIILA VISTA EXOTICS, having legal interest of and as the tenant of the
property located at 11613'^ Avenue, Chula Vista, California 91911, APN: 619-171-02A0.
This letter w01 hereby coN'irtn the Appellant's appeal of the origiml ,Nmice and Order" dated
December 20, 2018 (attechtvl for reference) and Request for Admimstmdve Hearing.
If you have my questions or concems regarding the above, please contact my afro. Also, please
be advised that all notices and communications to my client should be sent to my office.
Sincerely,
LAW OFFICES OF
Nl CHAEL E.CCMRIC£I, APC
By:
Ernie Chen
Associate Attorney
Enclosure
P (619) 262 25001 r [6191 et9-93421225 Bnemway. Sane 1900, an mego. CA 921011 www.Mle6eel01adnahcom
Exhibit 10
0
P
S
A
u
T
A
J
e
r
g
N
IE3
_
}
C
s
a
u
e
Exhibit 11
Exhibit 12
Ll
ZAP 3
IN THE MATTER BEFORE THE BOARD OF APPEALS 6 ADVISORS
OF THE CITY OF CHULA VISTA,
FINDINGS AND DECISION
ON A HEARING ON THE APPEAL OF A NOTICE AND ORDER TO VACATE,
1283 THIRD AVENUE, CHULA VISTA, CALIFORNIA AS AN UNSAFE
BUILDING AND A PUBLIC NUISANCE
The above entitled matter regarding notice and an order to vacatel283 Third Avenue, Chala Vista,
California as improperly occupied, an unsafe building and a public nuisance, in violation of
muuemus sections o'the Chula Vista Municipal Cede, an appeals hearing washeard on humor 29,
2019. The matter was heard by the Board of Appeals ct Advisors of dee City of Chula Vista at a
special meeting open to the public, which was properly said publiwpy noticed as such. Appellant,
Nicholas Dsmaeo, did not appear. The following staff members were present fortheir respective City
of Chula Vista departments: Lon EI-Khazen, Rosemarie Rice, Brian Contacted, Dan Padilla and
Mansol Author for the Code Enforcement Division; Justin Gipson for the Ere Department; and
Megan McClurg and Carol Trujillo, fordte City Attorney's Office. 'the matter was recorded via m
audio recording device.
Mc EI-Khazen reviewed me appeals packet for staffs Investigation, which was attached to the
agenda as Item 3. The appeals packet is available to the public and was provided in advance of the
meeting to Appellant mid the Board members. Staff answered board members' questions about line
investigation and discussed components of dee appeals packet A board member asked whether
Appellant had contacted statfabout the appeal hearing ore tell staff he would not attend the appeal
hearing, and staff responded no,
Having beard and considered all available evidence— that is, the appeals packet and staffstatements
at fire hearing -- the Board unanimously found, based on a preponderance of the evidence, that
Appellant's appeal is DENIED and Me Notice and Order to Vacate is UPHELD.
The Heard based its decision on staffs appeals packet, which is incorporated In its entirely with this
written decision. The Hoard upheld the determinations oftheBulding Oficial and the Aire Marshall.
Specifically, the Board concluded the building at 1283 Third Avenue in Chula Vista, California has
unparmitted construction and alterations, as noted in the appeals packet, which make this structure an
unsafe building. 'the Board also concluded, based on the appeals packet, that the building has
inadequate egress, which makes it a fire hazed. Lastly, the Hoard concluded that the building,
during the period noted in the appeals packet, was maintained as an unlawful morijuana business,
making it a public nuisance and a danger to human life.
burden, the Board finds that rise appeal fee will be added to tine City's costs ofabateme d/ vacation,
which will be billed to Appellant or evied and assessed agautst the property as a special assessment
lien. pursuant to CVMC section 1.40.020.H, unless and until a timely request forjudlclal review Is
filed, enforcement of the final decision may proceed in due course.
1 of 2
Notice Pursuant to California Code of Civil Procedure Section 1094.6
Notice Is hereby provided Ural Appellant may appeal this decision by filing an appeal in the San
Diego Superior Court pursuant to Government Cada section 53069.4(b)(1) an or beforedre 9o'^
day after this decision is served This decision is deemed served on the date noted in the attached
Certificate of Meiling/Pmofof Service,
By:
Date:
Jose Dost
Chair
Bond of Appeals & Advisors
Arrangements;
I. Appeal packet for Item No. 3, 1283 Third Avenue
2. Certificate of Mailing/ProofoiService
2of2
ATTACHMENT 1
M
Boat'd ofAppeals antl Advisors u3
Meeting Date: 1-23-2019
sybjnsere year a Notes and Order to Vaster, 1283 Land Avenne.
3Vbm Pttl 6y Lou Id-Missun iMaing adithadUColdc Fief mental manage
Justin(di. Fire Division Chleffim Marshall
S IN dAFY;
I le'schule visa, comealsoo,Ilegal coramb s hueaness hi at 183 Th' d Ave The
Llevgal bros"Reas Caaarrillhairamilted.coashich,ln ahadiOialading but im hm led i
m"Os el h i d y T -P
is . pe R I t eresU g ofeh Id �.(t
➢P P 11 Qiand
I e'd Poled Ind t 'Ao d 64 inlamedasa
Public i d d 't fr If blood.No bar g, 2018, staff has
beer' ta k i -( on
b itis and t the til b 5 dpropose e p tap 0illogi
'pit (t 1 g I,I hodpololcrtntri ignored
the m YT I t'e -sora t their'd t ( Nip anNd dmloenl and Elate
oSand realadiDm TheCas "coed.Notice andOl to Vacate Nhs appoledlo lou.
Board.
RFCOININENDAlI(en
That the dead OFAppoods and Ad-socv deny the business Owner &1nan es appeal of the
NO ICArds) ORDER To AC/072nd n Ahold the Pul ding mift and Pile ldandal'a
dcloarlillanal that no building 11283 Third Ave p ipml
ypc IxdispnsaYt_,nndisb9mg
ITURamed as afabric R_iu i Coallaiboslness,
INSCl1SSiON'
As nienI ted by Is C&ilaVista Municipal Code may andalItenant fillbriwunnords.marinated on
billing vidlin fle Cityais bread t The pennttgp „wall as
CVMC ISol 080Y e. (Alb4c ti.O6. Mo. 1 p I rs'1, poo°a nndop
m5peelW andppim adh Cd Padding los p eaddERa mun be
Y g pevaora Nid City Fire OlLdals
The peppert} al 1283 TNN A%c has undcrdoue (anent bai Cmen6 iirebding pmnot limited to
the UQnSaftintoo 011 rIalls andd This tranarat firrapnesvissadlhas methe gpa'nihodby
theCip'arndrda VdW mailcannot a pollinated Ps thnty breasnuse ofthe [[legal rate ofthe
Pliably as a ca ebis btsmtss Cala Vista Mtl])icjpdlCde(CRMC)566(1(hantrarcad
lesions business foollb lied, prohibits any caimabis/cannabis business ]a [he City. Farthavenore,
Chula Vista Municipal Code Chaii 5.19; Comfaccul i Cabngbis, pmbi ato mcoin
ca ahis businesses Over are issued City and Stan, peansztauthorizing the Operation mencia of a
enmabis business.
Tilt p t to haP Off' blies in I shed aneyed as in a batla'oo@at
pre Property 2016 cases B160138 Chad16014,isexpectloody.Th my other approved Espen[
was to replace an exterior sta[aase in teal, Case B93-0142
Case History
1 OnNovember 8201R Officers Bruce and.Pdilla want fireadc ofah P perry and viewed
night imporionablE includingb t'lot l alliedto Continued oil ofinold or U.alls, el cc tri cal,
and dOOrvoYs. UP oil elitering the but Id ay Officerf3dwou was met with a strong oder
wholi based on his gaining and 4experience fic b tieved dies other to be that of Cam,abia
2 Using IlCannabis f3alliess locationb e v d corm Parker BEFLIOCfovnd
flat 1283 Third Avema forced a Ca b II szvitl toDrainers SCh 1 Vista
bolleet Oe. He obtained copy o[Po S D'g Counq oesevors secrd of 1283
Third A .) 9 tho record, l.. b %ed there inhoo an pearilto file recent tavaa
imPlOcaterns.O1F Bruce ENO id k d the City Ofalga Vhbt. building porm4
lcowrds V lolag (he jsivardsjhe Observedd no Pelcur t centtenant
ablairgralte Officer Bunco -also obtained file Coal darm read oil the property. thoane
thetmaenbmpmvcrz encs vete done pnM1ont Deman;, Offiefrl}rupc opened Cate
En'foranueatCase C 19 ogoys.
COPY of Cou rti Astonishes Record (Evbiblt t)
COPY ofquitcleintllced (Exhibit 2)
3 Oil Novender13, 2018 OffecryjrUee traded alloticenfViolation ,Ischitg
Assessment ofAd nmtstrnnve Civil Penalties and intent to Robust allotice Of Vlolae_on
for an unixernatiodtenant hadersvinall. Chiral Brunco onsuiedfl dmnmeiit to all
intervened Parties bydust classnait(PoilE(rsvicoi Elena stalactite I tested .at2021
disinherit chourand Mamas Financial LLC located 'at251 Via Card in Sad Diego,
Ca).
COPY OfNoffae ofVbeh oq Pending Assessmrvn of Achatrustuative Civil Penalties, and
Intent to Reveal (Exnlbit3)
4. Also oil November 13, 2018 OfficorBanco n nsved notification fiefureth Chula Vista
Police Depmnentfltt undercoverOffcs successfully made Proclasses of cannabis at
tireClntla YWa Collective at 1262 Third Avenuc on Novembm 8, 2018. Because the
location sop V _ a cnallB 5 is
orchala Vista,Or .H-pan dL d P tc1
permitted k OpxsldnoCot
Noticeof Viol f eaLC CI&09b.B dreeday
Pending
amentofAdvninamnCivil Penalties and Intent to
Record ationce cl V' f f' n for infertile,
C 'r 1 cannabisi'Activity Healso
dfld a Notice andOd to Abuse. 0I Brava naildbell, d len¢taall
Interested Partiy bypast class rallQ p jy Owner Elcut Iscold(fill located at 2021
chandoelay'Pon "finverpinann al Ll C located at 2351 ViaC psi in San Diego, Car
D chup V sIn C 11 t vc)-
S OR Novialr 15, 2018,Office Bn a 1' p9 of ConNotice f Violation, fora ipg
Assessment ofAd i t -CivilP It d ho to Record a Nonco FViplaqun
(Cig nets)to hic Chula Vista Collctisbusiness located ; the propel iy.
6 On Novallsox1 2018. OrEverPtace and Sel ke- ,CodeE Y conductedrOf aryCatacatan
alAttn gl ftl eOut ld g;OMelt Shap'n, attorney represonhAdre
b ZZ� .R noedctIn oa0bariddoavocaysive,nall
cleQnic rontineticl k arremoved trh fanftile lnp to Offler BrgoeStill fill ce.'13e
onNI Photographs Nor Ing inspection.
Copies of photographs (Exhibit 4)
T OnNO' in Gv7,2018, Officer Bmw [tem m Neproparry again and Obtained
pl t Ih sheat gtl b Was ➢ spin C
d Office,'Brae h dfle sernd of tile- p d til entrance
Oft H n g t I hu d sm cage mg.
ceporningcentteip d[ open[)le'duo5 hmtrem,q .�slnslecassfcl due to dm locq
OfficerB
i. On NOo sober 28, 2018 Of place I nottied to thep Perry ti Post allofce and
O I t j ate ooln f t l of [n b It 1261 TI d saar tro He also
near Id opy0Cln _t by IS ind fidcoal to tnapropI Toper Cad 611 those
�Vqm I oconded'vevxt the To op,,ry 111c NOnce and Ordt to Vacate p : didtenN0)
days t linfap , Upot ariv111)
sound of0et uh wince door, Officer Banat nea<d the
1 lock] g l
dq F @' iak open theas ocsshidaemN lock gargng The N tlee eOntaineodmt
introcif
dh act Office'
Bi OP11 carprncemn,splasane#d ay t eposr the Notice vvjlh entreat
dmes.Otilar Amce ontained photographs during the poskng.
Plmrogrpphs tins, 11.28-16(EKhiblt 5)
Copy of Notice and Orda to Vacate (Exhibit ✓)
9, On Noveinba?8,2s180fficnr Dmce slMo mailed a[uP Oos(Aecsvery a9d aCibil
Partly Notice & Onder by llSand bundled moil b the Pd)i owner andall those
Mith recorded intereels in Pat property.
Copy of Civil Penalty Coice & Onad old Fill Cost Recovery (1sh [bit 7)
I O. On Novemket 29, 2018, Officer8mceposted a Notice and Older to Vice, oil the froat
door of the cannabis bnmhess at 1283 Third Avenue and failed a Cdpy Of the Justice by
NS aid coldiferl a] I to the proper Y assn andall those 'th recopied interests in the
PerhoupIIncOunce and OrderfoVacate prorided en (10) days to vacce Cie pfmises.
Officer Bruce obtained photaerephs during Ute Posting.
Copies of,Photos apha(Exhibit 8)
]IOrIffeceintrocar 5, 201 S Officer Bracnopliclnodrecatiot&mthe Chute. Vista Pollee
DprtnnR that arl cover ofictag succesdailly manop hales of CeenabtSatthe
Chula VONCOI lective at183'rlondAvenue Decefh .3,2018
IOil Deenber 6, MI8Nicholas blicd (Tititurainper Co al Leesc aeleement).(ilad
all pp: ad of the afficm ana Order to vacche and paid theappe,fee. Ncho o also
provided a copy of as ]etucagtacmenhvith bfzic¢ Pinsdarel LLC.
Caples Of Appeal I quest and Lease Agreement(E,hOrt 9)
13.OnJanmry2,2019,asing[he Cannabia AusSness localim�wejisile, yecdd
Off B efst Hhat 1283 TLitdA enue stlll k9adud C bis Rugines vpmthe
buymass `Ghrda Vista CoumCtye`.
Capiesofwreeushat of Weed maps on 1-8.19, (Pxplet 10)
Aonlicable Codesa dR TT
The fiblionving are codes and regulations applicable to this case
1, Cht la Vista Municipal Code (CVMC) 130 authorizes the City Manager to establish a
Pa reactor for the abarenem of doesace
2. PULadmi to CVMC 130.020 lire rc't obstacles officials a II L the city officer tar
anf d f[he elg d being violated dl
ablt e. inif Ilyd 1 saidvoland, to be
ecW. CVMCp1 30040 slab cvhrnevor a public ounai i
ante vath the lino dcipal aside. s declarLL Silly ay bs abated In
-0. C4MG ]5:06o6hr[istatesO ypt t y 1 f WI land y Senate, or
building c9uipr t
redfli by 4 It Ind H 6 bl �g used
ode 5s
nt f t tile fthi,, Simple, rad tl . t
' Icodes,
d theB Idgg O
att
ttel may b a dmIrld by Undn1 d oil
eaddililsed pass Pershall dnued t�1 g huse abcdtime P bedby
the 1uJngOfficialaR L oMs h i t miF II arp honfineat Gsm vMottherefill nlils art andt fhm'mlcdm
1 C�VM( 15.00 oial, anstatesl_"balance,a f done.Off 1 and Officers The Building
Cnh° y 1 �S add II e the d poop armor of afher officials add
employees [ tireq d t discharge Fd 'es tubed by live chat the codinoal
edea II t an is
so ej ed'names.
6 Cbmc Is orbes{uj Sales, unedy, lonedJEcto Seedlike or sliamedholges add bribing
or removal at occoadance evit[d the Service 9 P I are PUbho monerese5 cold shall he shared by repair rooliabliallilarb demolition
stheAr t t fnaag ms fildldmgs Cade_ ford, In Chapter 15 18 CV4dC" pUMC15.18
7 C 'M(- 15 06 oSsi8Ad sterols ' LdflaVehIl e It 'll
be achI f rr r1 t lane, ype-o elect,
tl d bSred m d 11atblip Ir dtl Ed,:stCr
conflict or
t idadt codes, or
same la bedone,
provisions Lotions nbpm d l
I Ia l Sid
8 (lothA( ] Ob 07Tp1 sl plane or vialariQrl-Ile Building pi is anty ri>eI to
LaSac isoace oft lTai d tile
"I',pe _W' f t.
Or t Scroll aft et iyblC,r[dti 14 l6igoIpl dlhtlucubs, illi at
polll Il optical 1 IIory tIli t A Itests'filed aided t ilia
sit', lai dolloblifust or of d essone noticelse t cof the fl a action or eondnla and
t thatmaRhe violation, me
9.CVK4C1 06013(llfi stafieV VioNion f. dt A I dialect vo,siolales a provision ofthis
Chapter or the Iceland] codes Ser helps t Ib
internal Stands ) f flies 1 ( Ili P
COJ1uuct dl t hr rp bikilateritem den oft .app vd
u C -Collective I [h Sdupl E 011 I of Qf p t. certificate 'rsded
under III, provisions ofd(, 'hiptic andthe ( I al codes, Strait be Lj 'I to prnalCes as
prevtsibed bl law.
IO CbIC 150611 115 ) Ceiffitultionofp ps yslt _Elfoon Occupancy, Eluldings or
structures -hll not bed a I occupied nor shall a c Ilaelse i t1hw oxisti I) g occupiany
Lsaura paricerb1 holt structure part,,,) tun eam
fbesti"nal the Errfdlng official has
wart of occifer toy.'
11 C I f - --CikilCode Section 2491 scuti Issas aleattereent as a reni against o publics
SacLion 3494 of the Civil Code cattlysirizes a public body or officer to %bale public
mita ce
12. Oil Mxy 16 2017. The City ofClnla Cit Coulacal amended and adrpred 6hapter CVMC
5,66 Commercial Cam t A t q hichp (b1 1 activity tboCity
Of Cholu Vistar CMC5 dCOirests: "C ld Coal Entla ty-is prolulated in the City
Of Chulat Vista. d all porsou oi associated Of fousuma hiltyrsor Pointed, shall operate
Problem, participate in Or loctse SCUM 311CIC I Ell Cannabis vanish if tile Cty. I hee City such ail
issue, Pp gram alp, Pearrinit. lownse or Corelitis t Sa SO cstablislaclut or
Operation f lourraccial cannons solely in the Cit} ofCl 1- Vista. On bfv h 16 2018 City
Council adoplod CVMC 5,1 ishiCL Consist a Imenaing End regalanry stnchre for the
Ourstradou an Cannabis fatalists in tile City, CMC 5 1930 prohibits oma crvu L cannabis
busaints Or activitywithin the Cityunless the bosintossici bas a valid State and C4)y
cannallas lbrar gs unawares authorizing such business Cr activity, The premises at 1283 Third
Avenue arelac heeased as a avicubisbgHEess by the Cityaor Sfare.
Ataala�ietirebolubt6;
Exhibit
Clay of County Assessor's Record
Exlaiblt2,
Cunt of Quitclaim Dead
Exldbitis
COPY of Notice of Violation dated l l-13-18
Pori 4.
Phomgmphs from lnspeotiort on 11-2118
.Exhibit 5.
Photographs from Y1-28-18
Exhibit 6.
Copy OfNoiiceand 0rder to Vacate dated 11.28-18
Exhibit 7, COPY of,Civil Penalty Native As Rarer and pull Cost Recovery dated 11-2918
Exhibit 8. Photographs Cron l l-9-18
Exhibit 9, COPY of Appeal Request and Lease AgteBmont
Exhibit 10 C01doe of ncmenshor o£weed„wpsoil l-819
CONCT USION:
The ll is cunentlp used at all Illegal bIl lness which contains unpevnitod construction
111011li➢noan undermined change lCuse, lieu cad as apubllo outsanns, and is Oloseanse
dadessectoo u alonsailife The SS aild pospenyo have ignored the legal notices Issued
10 then' It l listth Board OrApl and Advi deny lisa pi b ant's
d)PQd ofd Nni ICT AIS ORDPR TO VACATE and uphold the Belding Official's endFire
M¢ determination @at the building at 1289 Turd Aconite is iatpmperly occupied
uiaak, and is being molntahied as gpubli¢ nuisance as an unlawful cannabis bnsinass. , s
LxbibitI
[
�� ��
�
�`!
!
I� r'ts-
�
r
,!i E►I
�
if
iifjiFFF
,�j
ht�l4 �Ii�it I I [i I
�
!
i
'Y3
III1
ry.
l
-
1
�-
- ht -{n tai I., i is
t ff(ii
if
Ill
izTil
t tt SII I
I
I
��iP
iir
I
fly''qp
ll'i;
'h
I
11i i,l i I I,ifI
1
1 1 I
1 t
iifl L���'�
r'rF
TJrf
TTT
1
-'-I
I
,
iT�yi,
_
L
I
i•
1,
_I
To
-f
F'
t
I
I
l
t
k
i
k
m
il^�p
t
�
I
I1F'-
II,
Exhibit 2
' P£41W➢IIgXEtl1E91E09y:
DOC# 2015-0036804
EaNm,me. aANaGca
111118 foIj01111IN@Iji $oINo on
AND INAaREMMEDUAL m
shmm d,,L,
pu
��'
Jan 28.
J 28, 2015 08:00 AM
jP21 /�I �dalJ
/
RECORDS
Cfl}{(JA}✓I $Tl'AI CA
�y
"llOjj
---
mutGO COMBg RECO
SAN OIEFEES
—
YTE940ROER
ANN, e1695ZW0
THE UNDEROGNE0 GRPMOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX Is NO W CITY TRANSi£RTAX 1950 W
[X] compNai on R11 AMP N popery mrvMpO,w
I ] �pN�ee3NUWaMaIWasNalnenrllem meenemmemeeremam�reaznme�+eaa
.[ 7 ortmdRmlaL ams �x)cnyo3cnanwal. Ano
fOfl AVPLIIPBLE CONSIpEFNTON, rexip)JMuchn M1ereEyazkazwleygetl.
Lcx Proper) Holdings. LLC, a CalHwnla Radiad LIebIllry Company
her&yGRAOM)Iv
Etna MaMOMd0. a r single Woman and,NARSF.R FINANCIAL LLC A CALIFORNIA LIMITNO
MCIdlmvlripdwobcE rmlpropoly lnlM Cwnly MBan Obga.9�alsof CalROmm:LIABILITY COMPANY each
as' to an undivided 5B}
See EMIM'A'ebHCFedlMeloend madc apaRM1weolfawmplah lWg INIMAR AL interest as tenants
AI(A:12]73MAvndACAOb NiB.CA9HH1 an conwon.
Road'. Oe cam 11,011
Law Pop �Holtlln
SY EvelY�1J A //14ner
MNL TAX STATEMENTS TO'. Ee aM,I"a
-074
1277 SM Amu%ChW W CA F911
0a :pp rIt R%G
gm+4�NfiFmbvallgaV�
bdMdutl WnelgiNMe�wAW mis
tc p roe nl1 Md Nd�� ulnny
wmmnxow�em.
STAMOFCP{1FpRMgy
COVMYOF AV OA/
r xom vux
,mom m u.ma.naa�mr urevioenmwoomace�nnVl.�wae�net ds�eaa�wncaawme xlammmmam
mW %�aeereeadm.melYmsnmger .m:�,mem.®mem emx.dCm,=umem®w blbAamm.f or�n�Meq
.unom�K+7m�mem.w�du4w�a®+%L,ueenur„em smenm�munu.o�,�,aaa. e.aaw uKwo-�a�.m
� w2rruntle,rlJtumortEvaumoneorme�swnmeLml.meellkmumelmenrepdre wro�aM mwe auam.m�x
Wm ESSmrbm
SIP,"+lure 11
WIMRVAY
9bmm�e NNdvy 3 CmwY�b 110(q@
WMP¢YeLalRvga
BuggoLmtt{
cammsamra;,,00nmm: / 2 Is—
comm.mou.mxv.mle
ORGER N0. 301431193
EXHIBIT "A"
LOT 14 IN DUARTERSOCIFON 1420F CHUUVBTA AS UB01NS10N OF RANCHO OR LAMACION.
I N THE MUNDT OF SAN OIEGO.STATE OF CALIFORNIA.A000ROINO TO MAP THEREOF N0. 50E.
FILED IN THE OFFICE OF THE COUNTY MODELER OF SAID COUNTY. MARCH 13:1333.
IXCEFRMG THE BOUMERLY 15BA0 FEET OF THE WESTERLY330.00 FEMNEREOF.
ALSO E%CEWINGTHAT PORTION DESCRIBED AS FOLLOWS:
SEGINI AT THE SOUTHEASTERLY CORNER OF THE SOUTHERLY I SS.OD FEET OF THE
WESTEELY 330.00 FEET OFSAIO LOT 14 THENCE ALONG TNF EASTERLY ANO NORTHERLY LINES
THEREOF. NORM IW IV SY WEST, MOO FEET ANO SOUTH TI' 99' 05' WEST. MOM FEET TO
THEINTERSECTgN WILK THE WESTERLY LINEOE SAID LOT I9. THENCE N0RTH IV 13' 53 WEST
ALONGMDWESTERLYLINE53.00FE 7THENGENORTH71'4B05' EASTPARAILLELWITHTHE
SOUMERLYONE OF SAID LOT 14 A DISTANCE OF 330.00 FEET TORN INTERSECTION WRHTM
FASTERLYLINE OF TME WESTERLYS30.00 FEB OFSND LOT: THENCE NOUN IV IV ST WEST,
ALOMANN EASTERLYLINE 82.00 MUMORE OR LESS TO THE IMERSECTIONIMH THE
NORTHERLY LINE OF SMD LOT 1A: THENCE NORTH TY 0' iV EAET.ALONGSMO NORTHERLY
ONE MOO FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF SAID LOT 14. THENCE
SOUTH19'IV 4V EAST ALONG THE EASTERLY LINE OPENS LOT 14A DISTANCE OF 200.70 FEET
TO THE 30UMEASTERLY CORNER THEREOF. THENCE SOUTH 71' 43'05' WEST ALONG THE
SOUMERLY U HE OF SAID LOT 14 A DISTANCE OF 20.67 FEET TO THE POINT OF REGI NMMG.
SHORING THEREFROM ONE.HALF OF ALL OIL, AND MIN REAL RIG HTS THEREIN, AS REGEWED
BY BERT M. NES AND MEE.IN DEED RECORDED DECEMBER 9,197, IN B00K 2573, PAGE 401 OF
OFFXPA. RECORDS.
^'END OF LEGAL DESCRIPTION^
Fadubi[ 3
tlS/1
1 CODE ENFORCEWAI DIVISION
D=OPME1TI SERVICES DEPARi
—�FIFfLAV
l — 276FODRII-I wEeflJE. M� ,cacn.AV1Sy C"eej& -
NOTICE OF VIOLATION,
PENDING ASSESSMENT OFAWYMVISTRATIVE CIVIL
PENALTIES S INTENT TO RECORD A NOTICE OF
VIOLATION
Notice plats: ID13/2018
ViolmonDam s: 11/8/2018 Case Number: C18-0863
Violation Addtess
Responsible Parties:
1283 Third Ave.
Mona Maldonado
Chula Vista Ca. 91911
2021 (1randonuay Tu.
Chula Vista, Ca 91913
APN: 619222-20-00
Business Name: ChnlaVisto Collective -
You arc hereby notified of the following violation(s) of Municipal Code Section(s):
See Attachment "A"
Description of Violation: -
See Attachment "A"
Comments/Carrecffie Action(s):
See Attachment "A"
Me above yioletiono) nm t be corrected by 11-27-18. The chy will eondnct a r inspection after dam
lore. 1£ the violaduuCs) bas (bve) not been corrected by date shoran above the following aedom may
® If both cheeped you must obtain a permit to restore structures and/or wilifies per herroatmer
hdaw
hbnilding permit spplication and mildiug pens shall ba submitted to the Building Division by 11-27-18 .
Aplau checkfee h reputed atffie tie of nllynhe al. An investigation fee will be charged. Ibis mvestleatioa
&cis an additional amormt sepal b the pemmfee.
I ffit event c=eios to plays me required, the cortectedplans must be snbvnittIto the Building Division
eifin 10 days of aodhoation ofthereguhed cosection.
Upon approval of the plan, you mus pay the appropriate fees and obtain the building permit within, 5 days of
nofficatim. All biding constuctim work previosly, performed without a building pemrit most have an
ebenboa regrusad vrithm 10 days of obtaining the permit. Any required correction noted by the beildinu
aspector must be completed and mus have m inspection requested within 10 days of receipt of the correepon
Page 1 of4
wince. 1f the conaenction pr jeer was completed withom a pemrit: th
"Pecvon, muat be obtaimedvdttintbe 6meffemea idenpfied above. an all inspectimus, including a fmy
IIyon fail to comply with the sehedole identified above, farther enforcement action will 6e taken which
may result in the aseesemeni of fay coat recovery and/or other related ffies or penalties ae authorized by
fM12•:C Seetiva 1.41.050 which ss at®ched to this ¢odea. These charges vyl include all
brume spent conducting investi�adorus, enforecmeny and remediation or abatement m£
dmn{bed in CYNIC Section 1.41.I4p which is attached to th4s notlr%. The paraonael coats
person(s)fmr these ¢osis, andSthecosts are not aid, th¢violation as
theproPer P the city may seek CrtY will biy the responsible
ty or by assessing the cosh va the same m � P%Yenmtby placingayeu agaiast
1Aobrcomenf OfficerHsted below at 619 6915 �ar� � mmicipal lazes. Contact the CS
� ) 280 ifymuhape any questions concernin ryCmde
AS+9vm fAd gtbti matter.
P
you ARE Fi" hBy a �T1yF�,y that you are subject to CKII pemaities pnrsaaut to C�ypC
'f Le proper
tar payment o£ civil y o marble Paa'des as deynad th CWi IC 1.04.010 are join IY liable
roc nov' tid Pemolines, An ed e�l8ee m be recorded as a rioi
T a athst the
Acu,
pmadd�s mor
sofvrolalanrsypemlties maybe assessed at aea late
of up to 0,500 put day, per violanue lir an
utithe violadmris cen'rad asay be MS(b C Cobb section violated and any nomad
Y VkfC 1.41.110, maY acmne daily
vccual date for Civil penalties wbjectto this entice and order is 1�201a. Failure to rumrlymay rasnat
cot esessmen[ ofhigheriamer es
rm moid Assessment of CYvilpenaltl
wnatious iucludeplan submittal, as, you must make all corrections on or before 1107/2018, y
youwill otbe charged£ tbedaystheplaus,inplsncLeck, but
lx drag'{orall atl rdavatheProper5remaius-ia-taektiort— - __ _._ ytmv tl
CORRECTIVE ACTIONS NEEDED;
9xAttacDm =A�
hId
Penalty rates are aiurnsdur during mo
the . von ug Criteria duration of the violadmm; frequency of occmnence of
dw et other violsid h during the period; seriousness, hinory and impact of the violaisom on smroundin
pmPepes; good/bad foidr effort toward cmapliame; the actions to himder or
interfere with core
floes l ability of no responsible g
N daa the vimlatioms were fua discovered,
viola5ou Civil Penalties may be accrued 'mmmctivcrt eto
WMC§1.41.030. 'hscovenad,azevidenced by the issuance of a Notice Of Vimlation pnrsuant to
NOEFFECT ON OTHERENFORCEMENT ACTIONS
P Votice of Pending Assesaaemt of Admimishadve Civil ponalties represents a separate and distinct
mt,,.ument action agaivst the pmpaty. Itis i to any previous euP ¢Cmenp or costrecovpy
ibis Notice of Pending Assessment of Ad alive C
ee o<p®slly assessed aesnsl theprmperty, nor does it extend o modLd any ious
prev
5' an oes mot negate or replace ypxevious compliance deadline,
Paget mf4
Notice of Violation Recordation
IfNola6ons listedinEaeNotiw o{Violavon dotal 1113 C18 melt cosecied by l2/13Y1018 the Deparmrent
ofDevelapmeateervices wiltxaoxdthe Notice ofViolafian an "ar your pxepertpa doe wird San Diego
C mty. 1Lis no5ceailtbe recorded egos n yorxpraperTy's titleo the records of San Diego County and aidrem
mtbe oved aril the violumsels) listed above has @ave) been corrected and al£ees, fares, jomsdecs d
costshavebeenp6dasal thoriz dby CVMC 1,41.040. rad
As the property ovma/leadadlien holder of the above-deged ed property, you have the right to object m the
according of the f ome of Violedoa. Your objection must be iu glipag, be accompanied by a $400 deposit
hraing fee, are bs received by the Cade Rnforc¢ment Division at 276 Food, Average, NES 200, Cantu Vists,
G91910by11/2I/3018:Pleasestate inyour attacbed Requrtt fox Heazsng £arm [hef teal evidence you feet
will deenoldrom why a golledon of the Chula VinaMwicipal Code has not been committed la outlined above
east therefore, the reroadadon aboard not be completed.
Yen obi action vier snood you rhe right to ahearing. at which ame you may plagued your evidence to en
impartial hearing aamiva. You vhL be roiled ofthe date, tune and location of the hearing.
If Oe Hearing Examine rules that the Notice olVioladon shall aotbeaecorded, a cleazancelettersad copy of
the ruling will bemledm the pmpaiy ovme*Jlender/len horde. 9xefund o£,ke deposit will also be meiledto
rtxparty who paid the deposit.
Ltthe hearing exam;ver detemilnes Eae pmpzrtyis, in£act,oviolation, or 1'the ovma/IeadaJlwholder, ¢,the
pmper[y describedahotre fails to infbms nils depar�mmt ofhis/her objectionm rewrding Eae Nova of
Violavoa withinthe above-described Tme, the Development Services Dpar�ev wilt xecm3 sNovice of
Violation with the co�recader. Phis Notfce_ofViolavog wh,.nxecorded, shall becoushucV.venoticco€tba— ._
�iola¢on(s)m vlvl successors-in-intuestin suehpropeay.
bore: If the appeal is denied, the ownerfleuda/tieu holder still be responsible fm Rod cost of the hearing,
mduding przparatioaendsfafftime. Taismayrequieu additicrommonies to be paidto the city.
teethe develpeaftl voahas beee/antded,me hats bug tell sorordedeveropme Coula shall Municipal m de era develop seri property dog Tell N there has beaa fel ll e, go
e vith the Chula Vita Mu,�iemb
(Ade and mmy alba der,
Penalties
cedes. The Notice of Violation rill swain recorded ao�mu-attic topnty mmti
he payment o£ all fess, putties and casts, lafi city may smc use further enfoxczseut acvon to bring the
peaty into cospllauce after the Novice o£Violationhas beeercorrled.
You will be responsible for payment of 52200 to the City of Chula Vista to have the recordation removed.
N addition, the owner/lender/ven holder trill be responsible for any and all additional staff tot¢ and
direct and indrect coats of oMhrc®ent, r enedYavm and /or abatement of the riolafion(s) per CVMC
:41.140. If the mgrs arenot Todd, the city may seek payment by placiag alien against the property or by
sawing the costs is the same manner as harm idpal taxes.
To schedule a compliame inspectim appointment, ori£yovhave gnesdons ragudr'ng this nodce, please wntact
Q& Enforcement Meer Michael Bruce at (619) 409-3813.
Page 3 of 4
M-�--
btichae113ruca
Cade EnlDxcem tOfficer
A'>Ochment(s): Request{m HeadngF®
F�rceme¢i Remedies
Chula Visa Mwicipal Cade Chapter 15.06.080
Chula Vista Muuiapal Cede Chaptu 11.06.100
oc 2351 ar Finacial LbC
LAA VL4 CAPRI Ci
LA IOLLA, CA 92037
Nm4 of
Att cL MtA
TO NOTICE OF V OLAUON
HUIL_D_I_NGWITHO=APE
11-13-18
Re: 1283 F d Ave, Chula VL , CA 91911(APN: 619-M-20-00)
Case&: C18-0863
- Dcscriptimt of covsfruction.location, aadviolation:
1. Unpemnedmnanttle xe ement, including but dOn dtedto, addition ofinteriex
vrells,:mli Gcs, end elecMemagnetic locl¢ instilled on doors.
Rwldivgwffiou Ps t CV C15.06.080
Rcguitedlmpec = C C15.06,100
CammwWC=ectiveAnion:
1. ltgm Plan%: obtampemirts xe9�dxed iespect 070 order to attempt to
Iewlvzthecoastrud innscurrentscam OR rzsove uvpetmtted additional
erells, tmilifleg and elecaicmagnetic lode and c etbesimmia gaviously
pemutfM wndition
Carxecdve actions mustbec pleiedby ll -2i-18. Ifxe_'Rd,sebmitplencexxecti n
witria102aysofmv fim. Uponissoenwofanyandapexmits,]taveinspecti=
conducted every 10 days, including chs finelin.,_ ection and approval.
\111
CHULAIRSM Development Services Department
Code Enfamement Divimm
REQUEST FOR ADMINISTRATIVE HEARING AppEAL
mOo mayrequat).heanngro covteat alaoposedcorrecGve ac e. m lheprewe shoem below
VMC 1.40.020). Pleasefdl om the iafomrafion requested below food dohveribu form to the
Department ofDevdopmeat Services, City of Chula Vista, 276 Fourth Ave., MS.D200, Chat, Visa,
CA 91910 before 3:45 pm on or before flys date:-
*You mush pay depoelt are at of 5400 at the itme you request abearine
Appel boat lnformalioa (properly Owner or Respablible Party):
PamtNeme T'tme Data
Care Number'. 16-0363 APN: 619-222-20-00
Violation Address: 1_> 831hird Ave
CorrecIIve ileyet{s) under appear NoticeofEa R
--Code-Ea_orement{1&rcec M�Brace —_-_ -- PhoneNumber,(619)409-
361'_--
Reasons)Nrn `Um : pleve be specific. You may aVacb edditioaal Rumbered
— pages.
ctia eSlvsform 3heerm8h}'the date mtlrcete3 shallwarve your rightto appeal and coolenthe]isted
luovid% for your convenience to Sle an appeal.
*Ifyow appemfso termuyowdepositvdllbe Additional
m appealis de red for hedepoaitwipbe
credi'.ed mwardthe emowt owed to the city. gddieoval costr maybe assayed fmhearingpreparatioq
noli5cation aadappearance shouldyour appal be devied
Failure ropey a debtt0 the cirymay raultiathe placemrn[ of alien onitisprcpaty.
Compliance w)thgmadceas Map Disabilftlesgct
a
x ay or ae, wort m an ran wren ce ee n - - a rvfla, az
mdawn w w%as'roac and/v CaNtly ena q(yrpm nrorbNtlo A to reks �sdals wbo 29upe Spee
erter9bv hx rl 10 ermcrt al ... _ Oat's in eevan[eeAersN¢p%y Send' and aefMpes apeee. �o3R e C ez
5299.
276 FOUWH lcrC UE MS a 200•CH U1 N317q. CALIFORNIA 91910
Exhibit 4
F:
;�
FzF bit 5
'i
��
��
exhibit 6
"�Qttyp��
C{V1A M lOmIvPment Services Depaztment
Cods £aefo reams±MMsion
November 28, 2018
ElevaMaldonEdo MErcr Fimvcial LLC
2021 Chardasay Ter, 2351 Via Capri
Chula Vista, Ca 91913 La Jolla, CA 92037
NOTICE AND ORDER TO VACATE
1283 Third Ave, Chula Vista, CA 91911; APN: 619-222-2o-00
Pursuant to Chula Vista Municipal Code (" CVMC'7 chapter 15.06 and that the buildivg
has uupe®itted consauction/a1taERons, I have detemiaedthe building at 1283 Thud
Ave, Chala Vista, CA 91911, APN: 619-222-20-00, to be soumafe building. as it has
inadequate egress, is a potential Ere hazard, is being maintained as apuhlic nuisance in
violation ofCVMC 5.66.020 as an udawfiil marijnanabusiness, and is Otherwise
dangerous to hiwan Iifr.
The bu lding Cr 1283 Third Ave, Chna Vista, CA 9 19 11 must be vacswd within ten (10)
days. Ifyoafail to complywithdUs NOTICE AND ORDIR TO VACATE, I may cause
The builu'vg a[ bieel ro ; is,
vacated, waded, endmsNaiaed against d rae seed a ahat
with all ryicablelaws; ihecostrat Jim abatWrho,oays, viedanerry sed against
the property az especial assessment lieo m billed direNYto theproPerty awna.
order
ror any
actimoftebuflrlegal intaj to the board ofA,,yappeal djso ce
andoxdexoraayectismoeebnlldiago iedtheBoeB ofAppealsand Advisors,
pmvided[he sppealismede insvrivvg and filedwiththe Bwldivg Olticial at Eae addrese
listedbelowprioosetheeaprarion o£mlCsT ofdaysspecifieduof Eregwraathe
buildingfe be vacated and Failure to appeal will constitute awaiver of all rigMto an
admim'nmdve hearing and detemivliono£the mmter.
SincuelY,
1-'ca'a; P$s CASA
B gOinciaVCoe Fmfoxcement Mavaga
evelopmeut9ervices D partment
n6s". -,tet aw, Can ca 9uc 1 Tnw,a, 5aevpov 1 (srs)zstssr I
CHULAMSTA Development Services Department
Code EnforeementDivision
FeEQUEST
_ ORA MNSThswI HE1u NG(APPEAL)
You may neatest a hearing to comat the proposed co loodae action oo the pmperty shown below
(CVMC 1.40.020). Pleesefi0 out theivformation xeques[edbelow and delivatluisiorm tothe
Department ofDevelti meat Services, City of Chula Veleta, 276 Fourth Ave., M9.13200, ChWu Vista,
CA 91910befine 3:45 pm onorbeforethis date: 12-13-18.
`You rnmpay a deposit ammmt of $400 at the time you request a hearing.
Appedento undreamed (Property Ovmer or Resp ble Party):
Print Namz Sign,n,.. Date
Cosebumba: C18=0863 AFN: 619-222-20-00
Virelation AdAes: 1283Thirdosedo
Corrective Aotion(s) order appeal: Notice& Order toVemete
Code Entreatment, Mcer: M. Rnce Phone Number: (619)409 813
Rer mrs)far Hearing: Please be spec5c. You may attacb Windom numbered pages.
Failure to request aheariog by dm date indicated shall waive you right to appeal a 0d wetest the listed
action. This four, is provided for yearcomenieace to Ve an Weal.
°If you appeal is upheld your deposit will be renamed. If year appeal is demi dywr dmomseli be
credited mwadl the mount owed to the city. Addition on casts ally be oescssedfor heading preparation,
aotifcati®and appearance sbouldyou appeal be deoied.
Faileret to Pay a debt to the city may resoltm the Placement of alien one thine property.
mpeanca wlM Americans with DlhoaerLha Act,de tow "B m aatitlrs a c bemeu,k wno tender : cum
be America,, n at 4nN.
r,, i, ,Nnd,Weer parMlF� rn a rou m"doe adouto" dru, mare4esstreG e¢ammedd" atlart
stY,eight Cots InIE na¢ to, g rYaIdad, dap In aCvan,, nr en.dolW sen�cr a. ss. elasse mnbtt a code
Enmmemeu me pecodsact r our 5280
276 FOO" ASN'JE. MB B 4 • C:il1L4k NSTA • CALIPoRNN o191
Ex bit?
w�i
,:., CIVIL PENALTY NOTIGr AND ORDER
rnv oR DEVELOPMENT SERVICES DEPARTMENT
CHLRA VISTA CODE ENFORCEMENT DIVISION
276 Fourth Avenue a Chula Mete a CA 91910
("CVMc") remain on tFe
you ARE-RMp(-N0TlFtED-tFat vlo 8ns of tFe cni!= Ysfz Munlclp3l GcaePlow
are
identified below end you bays been assessed civil penalties pursuant to C Property
tlan
pmperve below Th owns0. er and
roung 10 violate due iaw and are
areJolnlpay
civil penaf0es.
rylabfe forpayment orth
otFvresponsiblepartescarn,
pura as a tenant)
vista Mumvpal Code (,CVMC� Section 1141A10 pmVlaes forme issuance Ofcivll pesetas for solders of
Cc of Chula
Pastas be assessed pr tees much as $2,500 per tlay. The panahies era f er VIdle0n, Pe
r ahs
oe Mun!Clpal Code. ban l0b aon, last day
Poll is Can be aS=ssed File fiat day an clear observed Ne Vinland
tend are cummaUre_
marad the vielallon, and all days inbelx'een-whether observed by an officer or not
leel,NGE DATE: 11-2A-18
ISSUING OFEICER'e NAMEAts Ellw ATURE: M. sauce s -
1283 Third Ave.
PROPERTY LOGATION:
Chula Ylsta, Ga M 911
AeSES5OR'S PARCELNO.
815-222-20-00
RESPONSIBLE PARTY: Elena Maldonado Mercer Pinancull LLC
oldl ADDRESS: 2021 Chardonnay Tended. 2351 Via Capri
La Jolla -CA.
Caffrey: Chula NAabi C _
ass's
]pCd&C 51513 _ FnG1
a II a kYE➢ C -rip tv Son _ _ _ 1 -9
LNIL MORON Bstsin,sAs"PIrr,65oc00
.s-Rtjj]�iI
esu i
TOTALAMOUN DUE
Pentad
11-13de[o1lfi'L28-18 AAr5wun
I A StiRw
Subaxrtlaas, obtaspamusandxequved inspecSovs In ocda to ettemptto IzgaUze the co Gauchos s rt
"Cllvwt state ORseaovermy..mi+'sed adinional wall, utili4es, and eleC ma�ehe —Dc—ks and xcloxc
the me to iv przviorlsly'Pe�lv`-d condifion. d
RIGHTS TO APPEAL
You have the duty to appeal Ne Civet Penalty Real and Order Vouln 14 calendar days from Ne date of five CMI Penaly
area and OrdeF(30 alentlar days If you are not a California resident). An appeal orates made in wring to:
Code Enforcement Oivfsim
Oaveionat Services Department
ATTN: Request to Appeal
CTy of Chula Vats
276 Fourth Avenue
Chula Vista, CA 91910
ID nitrate, YOU MUST ALSO SUBMIT A DEPOSIT N the farm of a Personal check, cashiers check or money omeq
mote out in an amount equal to the fug amount of the penalty, unless are penalty is in excess Of 31 ,DX in which case
N $1,000 must be submi¢etl. Once the City has received the Request to Appeal and pepos b a hisadnu will be
uladuled, The hesurn ivIl llow Na pmcsEures set forth in Section 1.40 050 of the nine Vista Munidpal Darden
Failure of any person to property Do a written appeal and submit the required depositvi n the aeure,stated 14
alentlar days (30 intruder days for car-ofstate roaldented shall SOMFUtute a waiver M your right to appeal the
Issuance of the CNII Penalty Ndllce and Order. Note: If you quality as an indigent. the mainland, tleposR Wel be
vaned Contact VieCry's. Dotle Enfurcmant prod" for more Information a',(619)69M15260.
NOW TO PAY PENALTY
The amount Of Ne penalty t indlcead on the front M this Civil Penalty No de and Order. Payment can be made by
pemonal check, money hear Orceshiers check matle payable to Ciy of CM1UIa Vist_. Payment may be made in person at
Tel Visa Public Services Eulltling. Payment may also be mads by nail and addressed to the tolloving:
City of Clue Vista
276 Forth Avenue
Chula Vista OA 91910 -
Atlnr Code Enforcement tandq Oiell Penaly
"'A penalty is not not or contested wfthm 14 calendar days, aasessmeat will be deeper final and due as a
rhOddleant Per. Please triol tie instructions to ensure proper Moder n9 of your pamemb Payment of the penalty
shall pot excuse the tenure to correct he Orbiter, nor shall it bar accrual of additional penalfies or fuller enforcement
soon by the Cly.
CONSEQUENCES OF FAILURE TO PAY THE PENALTY
tiiugpayment of Nis Civil Pandy Nothe and Order is not received within 45 days, are Ciy will mord the remainder Of
dablss atax lisn on your progany, as sufinesed by California Gavammert Cade Sedon 549116. You have the right to
appeal fheo oosetl l'emOutlined libitons,The City has the austraW to collect all vests aesoclated vnN the filing of
sudl-ochons
CONSEQUENCES OF FAILURE TO CORRECT VIOLATIONS
Ifyou NJ to caned five VoNfions fisted on this Civil Penalty Notice and Order, Civil Penatiss may Centers t awme. In
all the City may InA'ate fudher enformmelli action including, but not Ilmiled to, abatement, cdminal prosxvfioq civil
Inceil Footnoting in- vleatlen 2h the Oounry, Recorder and forretlure Of certain Sot No benefits for sO6siandard
Faidentlae renbl property These ONOO empower are Clby to demolish structures or melee necessary repairs at the
On fN expense, and to locamerate NordDur Any Of these Options Or Others available t the City may be used rt
compares, IS not achieved. Y
NO EFFECT ON OTHER ENFORCEMENTACTION E
T9 Civil Penalty Notice and Ortlu represents a separate and dladmt enihmement action against you It i5 N add ran to
any previous enforcement or mat recovery Oodaro This Civil Penalty Notice and Order core not negate or replace any
Tom' WJis Or Penalty assessed against you, For does It stoped or modify any Previous compliance de su e,
IN�i need Under confusion decor payment of The penalty, about the viol-at;ons yeador how 0 comply, please Cell the
f cnkrcemeet DiNtuan at(619)6915260_
QHS/t
"ffi
CHrLAAVtSiA Development Services Department
Code FnPrzcemmt Division --
REQUEST FOR AOM N STMiNEHEAW Ns (APPECL)
You may requeN a L'^ F to comer the proposed corrective aeti0n® the prcpbny ehowm below
(CYNIC I40020). please fill ommeiuformafioarequestedbelow and de]ivu this formmthx
Departm®t ofDevelopment Services; City of ChaIn Vista, 216 Fourth Ave., MSIt+00, Chulu Vista,
CA919JTbd, 3:4ipmonortbferethud#e: 121018.
"You must pay s deposit ammmt of 1400 at the Rmeyou request a Eeming.
Appellant ]¢formation (Hoperty Oemer or Responsible party):
PriatNeme Sigvat Data
Case NumberIG 80863 APN: 619-222-20-00
Violation Ad&ea: 1283'Ih"ndAvmue
COrrediva Aotiov(s)mda appeal: Civil Pe WN<Aw&@ds
Code Eniomemmt Moen. uKBmce PboaeNumber: (6191409-3813
Reasov(s) fOrHeazins: Pleazebe speci5c. Youmay attach eddifioml nvmberedpaves.
Failure torah t a homing by pee date i aeol shallweiveyom right to appeal and comatbelistxd
action. ibis folm is FOcukd far y0ts e0nve>ve¢ee to 5Ie an appeal.
croditemeb iappeelisnphxld your dope willberefimded I£your appeal¢dmiedyovr deo0sit will be
dtomudlheavow[ owedmthec appeal be
itl deweewsG msy be azsxssed forbearing prepaed0q
notification end appeaavr_ should your appeal bed
Failure to pay ad.btm Wecitymay resut:i¢the placement of a Leo oatbiaprope y.
Compliao ce vnrM1 Am edcans WlK ODsablilltles AR MO Dlti NR (AOA), I - -
e "alarm ,,o, 1.11411]11 pled"s l'.; a neon u� a, e, ascan c-`
ro-el ao,�1 edne�c, m,m _5'11 "I I'a dOM In aarnc ro scnmwee$a,'b" end em.ms. vl._sc ant rL a teee
e. mtn�br. s"Mystae(fsle -,z .
176 FOURM AVENUE MS 6100• CMIIA VISIA•=re)P A91910
\1Ir
o�w
CHLAVjSiA Development Services Department
Code Enfarrxmeet Division
Cost Recovery Invoice
11-28-18
Elena Maldonado
Macer Financial LLC
2021 Chazdmmay Tex.
2351 Via Capri
Ceuta Vista, Ca 91913 -
Lalolla, CA. 92039
I&E: 1283'@ifd Ave; APM. 619-Z -20-00; Case#CIS-0863
The City of Chola Vista Code Enforcement inspected the above -referenced property on 11.8-]8.
The violA9an(s) observed atthat time wEreiorrazed in a mtiee ofviolatiaa (VOV) dated 11-13-18.
he NOV was mailed to the pxoperty owner as sbown on the latera records of the Co utty Assessor's
office.
The NOV advised that -
® Violations were to be corrected no later boor 1127_18
® Plans vete to be submitted earbor all illegal 0ensates0a removed 110 lata than 11-2i-18.
If coss m ectianplans vrefe r tired, tbe comeoted plats were to be submitted to toe Building
Division within l0 days of notification ofthe required corxctions. Upoaappmvaloftheplans, you
must pay t - appropriate fees and obtain the building pent[ within 5 days of notification. AE
building c0lobactIM workpreviouslyper£bmed vrithort abuildmgpetmit muahave an hOpeasm
regaested vi m 10 days of obta sg fire permit Any wreafous noted by fire baitding inspector
must be campleted and must bave an iaspectioat TMT =e`�ed witbiv 10 days of receipt of the
wneadon notice. if the Conrwction project was completed without a pewit, thea all iwpecflons,
including a batt ire f ectim must be obtained within the timeframes ide atfied above.
However, your case was revievred ooXor reinspected on 11-28-18, revealing Ne following:
Z The followitg violations have not beno Oatatcd:
t Un "' dt an" -1 din but tlimitedi add "rad '
or
walls, roUities and elecaic mammeiio lacks irrstalld oa do CVMC(1'060°0)
2. Noiutecbaaco�u dl15061001
® laitiAVcorected plats have not bensubmitted according 0 the above timeframes.
No pamlt(s) has/have been obtained.
1� IMPOO'SoaS we not being performed or requested according w the above timeframes.
As referenced in the NOV, the Chula Vista Municipal Code (CWC) Section 1.41.140 auHwriees.
the City to charge for its costs touted vfiile enb reins, rvar d rbn of abadug vial bons of the
not eipal code.
Since the violadons have not been corrected as required m the 11-8-18 NOV, this letter is the
invoice fox Cenfly owed
incurred to Chala,iVsta isx$547. CVMC. Theammmtof to ally Olery
charges comely owed the City h Chula Vista is E54'/.74_ This u iu addition ea any o -a
out dim Sues and Penalties such e3 civil peaaldzs and_admiio=ish'miv< citations- Ar pedis-a —..
- --—iepov�--satrobbefg, all costs reported w date responding to riolafions of the municipal code. This
notice be being mailed to all parties havi ie a recorded merest in the pmprary. Responsible parties
are jointly andsewoslly liable for all costs.
A retrospection of the property motor review ofthe case will be pabora d m or after 12-10-18. apedcharges fa ffie prepazarion andperfomance of the inspection will be charged to you Costs wiL
continue to be ebargedte lhepmpartymmtil the viohdanha been eoaected.
This bill musibz paidto the C V of Chale Visfaby l-11-19. PlArw pay ottbe City of Chula Vbsra
Public Service; coarrts, locates at 276 Fourth Avenue, Chula Visa, CA 91910. The office is open
between 9:00 am. and 4:00 pm., Monday through Thursday. If full payment of this bill is not
received witlim 45 days, the City will record the remainder of debt as atax lien on your pmpsq, as
authorized by Coliforms Covemmeot Coda Section 54988. You have the right to appeal the
proposed lien ess outlined below.
You heve thetight to appeal ttis conxecovery. The appeal musbefitedwirh:,14 colendardays
(30 calendar days if you are not a Ceirreema resident) from the date of this letter. The appeal must
be in writing On the attached Request fox Heating farm and delivered to the Code Emfomement
Division. A deposit of $400 is repaired to process the Request for Hearing. Upon xsapt of a
complete appeal, on admin iatra&e heaving will be scheduled. You will be notified of the date,
time, and plaee of the heating at lean 10 days in advance. The adminisnafive hearing will be
conductediwill be notateith the
is eb forth heCVMC will
to theac is of
the deposit snip be re0nned. If the appeal is dewed, the deposit will be applied m the costs of the
hearing.
Pallurc to 8k a ,hte, appeal within the above stated t me constitutes a waiver of your right
to a hearing.
La the ewer 6g stational ioferrmsaon is rem jaPa please call me at (619) 409-3813.
Nu'chael Since
CodeF fomemeut OfScer
Attacbr oppe
1. Regbobfor Reining Fotea
2. Cost Recovery Worksheet
3. FullCost Recovery Estimate
4. Sumtoebcf CodeIorforcement Remedies
co: Mars Fivacaal LLC
A Caf exvia Limited Liability Coar anY
2351 VLA CAPRI CT
La 7o0s Ca 42039
�ltl�
CHUW�VlSfA Development Services Department
Code Enfomemext ifiaisson _-
- � p rvEHEnnR1NG (APPEaLI
YOamay.40 MD). poi¢g mcoet tb, epraposedcoaecdd below
ddeliver
elivmper Hwwtothe
below
CCVMC1.40 of De Pleasefill om@eivfmmaof uhlYedb 276 end de Ave,,us Som 0l,C
Department ora 3:elopmm bcfQIc,atyet: 121Vista, 296 Poarth Ave.blS•B200, Chula Vista,
CA 91910 t,{ace 3:45pm On ox lwfoxe@is datz: 22
'Yoamustpyadepositam0untof 400atthetimeyoumgaeRabemi¢?.
Appellmtlfmatlm CaOPe th apespommleParty)'.
PriutName Si�mtme Dme
Daytime Pho¢e, (_7
Case Number: C18=0963 _ - - APN: 619-M220-00.
Vielatiov Add w: 12BTlaox! Avenue
Corzetive Acrto¢(s)mdec appeal: C the 1 0 _
Code Eal'mczmert Obrs: NLBrlwe PhOUNambec (619)409-3813
Re,(s)forHeaxi¢g. PleacebespeoHic. You may abtcchebdiaor cwbebaedpepes.
Feilmzt0 r.SveM1 ahea<iy by Poe dam mdicrted sllallwai<Ryoln right:0 ap*Fal mdcmtastthe listed
action Ttisfecs ispcovidedf0ryour cos.emenceto file mappeal.
'IfyomappeslisuphaldyowdepoaitwillbcrelundoU lfyoac appealbde¢iedyowdepwitwi0be
creditedtoxa-0tbe vaoant owed to the city. Addiooual cash may be asbessei for hearing pcepmcdcb'
aotificsaon ar' appee•aace she¢ldyom appealbe denied.
FailuretopayedetttothecitymaYresn ffiep'acc ntofalis¢ootbispmpertY.
bomplian cee W'r.6 Pmulwns Web Oisabllives A a IoT dIld"li w,to r.�u1- -
n zdmt'S io,'bm vlv and H. Eays I a�--o_ rlls�ufed 5Pfasa =eFL a Coee
r'H'S ns, 25re 6pz .YR a. (6]9)Ep,i 50.
276 FOURTH AVENUE, M5 ER0a• CHUi M A - V11F0RNIA91910
Covent Cl gn: Fhst Cosi Recovery Invoice
DFSCRiPTION
A OWi.1.
(HPL VMsTA
Development Services Department
Mailing f n
Code Enforcement Division
Civil Pemllns(see ever ter Civilpeoal[yNoticea�Order)
Cost Recovery Worksheet
Date:
11-26-18
Property
Ownau PAena Maldoaedol Marear Financial LLC
Address:
1283 ThirdAvnus, Chula crista 91911
AT'N:
619-222-20-00
Casek
C18-0863
Covent Cl gn: Fhst Cosi Recovery Invoice
DFSCRiPTION
A OWi.1.
Current cost recovery charges forstaff time spent on case (see attached
Ful CostRew 7Estimate)
$547.74
Mailing f n
$18.00
Civil Pemllns(see ever ter Civilpeoal[yNoticea�Order)
$$,000.(10
&enrdiug costs
$p
AdmimmiaNvecitaIlov (see attached ciffition/s)
gp
Abatement conhacmr
$p
Hearing Fsamineifrz -
$p
Total
$8,S65J4
Previous Halaws: $0.00
Amount Due: $8,565.74
City of Chula Vista FINANCE USE
Full Cost Recovery Estimate ONLY
TRANS CODE
Code Enforcement Case Activity 4=3]
_ C18-0863 type: comWe:n<uupecvan apenetl. 11/i11e
Pdtlteas: 1203T MAV Ste.ue: Irvolatlan
w0rkH0wFcR
.G
IV13/1B VIISm Eountl
_ MIQIAFe
I
058
IV18
_
N pIn
v4m
1261NC
RMMC
PrsAppeal M
1.00
n.G
i
28115 Y mPemanng
FVlowop RPon
0.50
174at
1112W1S h-Er
LOLa
l
Effi¢mV.tTos
1.00
¢14.6 2
napeotion FCR
_
TOW Due
$54].]4
PLEASETAIO:TI NOTICEWIT£IYOUW NATPLY NFORYE Int
Saalag and plenamgpermlts may be applied for at Me building mm[erarplaaatiagcomter 0276 Fourthgveaue, Chala
Amm CA. Please teleerhme(619)691-MM for general information about getting Me requored permits andfar(619) 58511611
so ass ing and siw permit information.
FAILURE TO CANSLY P.1iFFTFIIS NOTfCF OF VIOLATION MAY RSSOL'I£It ANY 0r, OR A COMBINATION OF'ffbd
FOLIAWLVG ENFORGEMENfgCT[ONS. IfresolJmg me wimlouioa mvoha Ge israsace o£sperms,®invastigetiyefce sballbe
n.weam aes-ay mt,.peme rfmnesegadm ma mfmmmmt.
pamlarl ochre IXYstlm: s Is c of stool s2Co, te taro per rotaao¢ for 1^, 2vtl, cr 3'n. cittiou tespecdvzly Eacb say m# mz
Crista oC�otim.misis up tr ereaammuno Sl,oGu
er rims Prosecu[iou: Fmrs up m e memuum of St,OCo wr�h e possibduy of up to 6 muffs imprtsoammt for each ase i6z
cycon er
and nein o.aer:Anord.rm netts au aettinyiaandc:aa,amnLsinn. Imm;n£gme n�aer:.am;saamemnr.
Felssoction Feaz: Fhllomtmwvay fs ell mspeetimz8thavloletion isn@ uvrervsdwRhm metlme£moz idmti6ed-m ma Notice
6Y'en
Nobeeo Vi, rmReovvyon: A Notice of
oievbemowv eaquout de trumpery
bur evfoar,,
Pokeofbriiaam ian Retardation: ANone of boUtlon dry be rvor@d a Mbe debessad per Mme Cmmry Rzcod¢fn+
Ndru, AbateetitleaeaNr. Aeemaa5onendemcWOGm ofrecmdation costs w5116e assesseapv CMC Sectim141.0:0.
Noharo Aba:emmt: FolRming due proces, me C'rymey take e¢y ecaon nxess ry [o elimma[e the viulmion "]he viol£or abell
rmhirethe Cry. fo z4ws4 aseocieteavrithmz mvestigarimi end abatement
CKPonance ofPermdr: Any Ciryisrvedp¢mit mayb,wimtsldtmtilviolaitnhasbeencnrrated. -
CiNPmalties:FinatAl
wEheach deybzioas meramoff a,
Beelprooertv Liens: Alimmeybep4neda�mstthemelpmpertyazumean oft5cIvering cod inaortH by me City azamorous
_ andevii
RmrNeft Assessor
msmmt by ssCryto qTO e be mlbdea m to Mme mater as mmicipzl tazaz, may be aevraed as a means of
aweentg cam �amrea IF me shy a a twntt xaeapmd'vy m e arae v-;nlaourn
Cont recovery shall be asswed ender the provtdona of the Chula Vlstr Nfmictpal Code as se[ four m Seeao¢s 1.41140,
L41150 and 1.41.160.
Section
alarmed
sl for abalmzrl a nmmurbes, tog --u`¢'
vnbod:
ad apphom a wv6ead of Mass ATy
sans,er pm'®al mvobed m or,
,,ba,mzul 'rod objectors, or
c. Aes add stuffs;
dmitisSa.Tve from and eiol pm,m,o Imposed
parte[tar,sd pla;
H Remspution fzes pwsaaotm CVMC 141.060:
I Costs of retrieving pmgama ozcasay fw mrt.Ymg,
abadq= or mitoros g meroncma
molt oro
1. Any oder fee, cost or seems easonarry and
rationally rcem to me two eamtc:me: arm, to
About a Mmmaace or cosec[ a vialaior of mu code of
applicable seam bee
K. Treble deo reentrant, Toronto, to Govemmat
Code Sodim 38773,7. (See CVM(C 1.41.160(m). (Ord.
2718 § 3, 1998)
d'smcansrmasraofeoati: morent re out
Can &a d rust
dj aamt, meq aopentq of n w¢ecMe mpeor [Se aicabs.
sbaa noofy me pmpetj moa nt f coms;ete resesimaT ala
pe(ds ll a prapwN az mznt of mss egeias. each
iodlr.,allr dna of
Gm o es'sesam,m epai¢d merest prae
Juwaz Le subjed of ebuemsnt orm¢egve aLdoo. Notiee and antl
m opportwey to be had end coraco me hmis fo Me
w5mr,,rt of cart' or 4m !hall he pmviael to dose partes w
colada wim Cheptor LO CYMC Fogowing ®y ban'ng or
TV711,17 dceei, Hie shy maneg¢ may flu isme ofor rods, oe
conhrmtion a more afftbat da reapealive Norbert- per,
(Ord 2718 $3,199 H).
1A1.160E,ean,mem:
A In ecmadmcew3b Gnvevmvt Coag Serial 3Per de oty
mega or a dveacto or beth e, apprOF kes, mr, eafitce de
coaarmation rectors es foo n
1. As ep¢aoaz]ohlig5icn agvnMareapons3lay¢fy; and
2. FNaer
As e mraed lien wild the primily of a
n. rvdgm®t ten in do rest faopaty beetles a
Me 5`10"T of reabsorb Q, conlrrivu serum
or
b. As sus esssmmt amt me propmy which
SuhjN b ebatemat or crnecam &,nor,
M ba conform is the same mawm M
mosticipertaxer
E. The cry mar=s,, city Morose or ahator, is auderierd w
obeaajuaii ] enmrcemom our de Innsiaure afore Gen. wbez
Mums 6e. la edailitq pmmaR. to Govsmmmt Cotle Sec[ior
38]]3.y the city memge, may seek treble aammw for me
abeamout cowhore de structures terms rose an of or
mastiarka a semnd or mhseg:¢at cavil or cornmealjadmmml
wfd:ia a too-yeeb pvtod of TesJded but in dee mart
r.
FnacmrgR of this sobsztior eooimmel Ma madMed of ran
oawace amhoieriig de moovery of Lobe danmges or
3`If9g)cewhh GavemmeW Code Sectlon38]];.].(Ord 2]185
1996).
L4 bt8
Exhibit 9
VISNA Development 5ervicesDepartm_ext
Code Euforremmt DAIS{OR
RPQU"l FM Prawn SX.AT F.WWfAw Q
You rnri regm%shwrtngto omtmttlie ProPa�d c�xc[iee eniw en nc Pto yaho wb¢fow
(C1MC m.SU.SiO). Pleer Gll om Neia;crm�im bri'aal aelivxrliiutoemmus
Department a'Dnei =Rt fwml , atJ aFCtDU ViPtx Si6faur Ave., MS•BMC6ala Vhtac
CA91914bcfmk5pmoaa hfbmt dme: m 98
rYoumust pay adepositam tcf54Dnatlice timc PPo mqu abcuing
Appeltaal Waawuaa (HapsetyOuv aRcpwlo3k Perryry;
Ncholns Fehoho 12/06/18
prim Nar¢C Siv� 1)rte
KgUgg Ail3ttac 11831Da'd Avcnne Chulay to CA91911
N)Y6 ei9t 1619) 8633111
G Na .. O&199 AW.61%=1 4t1 F10
Yotam Adtmc 128 nAraAu
I'll t �2111 AM
Fbilmzmaeq�eheeriap by � damvdicaTd elrall afrcyceurygh[to �eaCaad�tAclistN
� his fan's mm idd for Your mnraeisas (aiiE m appwt
'ltYms apW L epuMyoar&pmit»Til bem'md lfyo ayma3 1st nWid dcpit xrD132
aet'rud towed theamoam awNtuAe dq..M1d:+iam+f mm my ke sstiessN fa:6evrngwgaraticu,
ewifimri>e cil apwa�ca sFpuld Yam I be dcoad.
Fa�ala pyzdcbtmY ciq may+ewltmme Plea®ema[et�eathlswai�i.
csrswea � wrf.+ucazara wun wnt�r!� ut
ra�mm�tw .ars. we a„:.,+aaa ras�c .w.as �,d.+�+e.��sv.rwA
seemmrrtrst m+-srF.
aFE:31NpNAYEMF° a66P>15.vzaFLivafA•Gita9�4sf9ta
COMMERCIAL LEASE
This Commercial Lease Agreomant (the "Lease') is effective as of Septa leer
6, 2018, and is by anlbetween Mazcex Financial, LLC, hereioa4ter referred to ss
"Landlord," and Nicholas Fehoko Lendro r referred to as "Teaan:", whereby
Landlord leases to Tent that portion of the real estate located at 1283 Third
Avenue, Chnlavista, CA 91911 herearaHer refoo ed to as the Trxemises", phonily
following terms and can hbov.
1. TERM OF LEASE
1.1. 0. al Term The term ofthis Lease shallbe fa aperiod alone
(1) year commencing May 6, 2018 and ending May 30, 2019 unless
sooner terminated as herein provided.
1.2. 0 t' tG Renew Le
as Tenant shall have the option to renew the
term of this Leave £oT two (2) additional period(s) of two (2)
yeax(s) each commencing on eapnotion of the fild term specified in
Section Ll of this Lease provided:
1.2.1. Tenant shall have is and f ithfiilLv naT£oxmed ell the
terms, covenants, and w litiocc of this Lease or any
eatension of said Lease Fox the fah term specified in Section
1.1 of 1616 Lease. -----------
1.2.2. Written notice of Tenants election to renew tLe term of this
Lease iS served by Tenant on landlord at least 120 days prior
to expiration of the f1dl term specified in Section 1.1 0£ this
Lease, and, if apyLeable, at toast 180 days prior to expiation
of any optional renewal period with respect to subsequent
option renewal periods.
1.2.3. The renewed term of this Lease shall be subject W the same
terms and coalitions as era contained in tlds Lease with the
saception ofthe rental rate.
1.2.4. The Base Montbly Rental Rate and the additional rent rental
rate for each renewed term shall be as determined m Section
2.1. and 2.2., below.
1.3. Holdingoval. Should Tenant hold over and continue in possession
of said Premises after texmination of the term of this Lease or any
renewal or extension of the taps of this Lease, Tenant's continued
Commercial Lease Page 1
occupancy of said Premises shall be deemed merely a tenancy from
month to month at a minimum rental of the Base Rent as defined
below and subject to all the terms and conditions, including the
provisions for additional rent, contained in this Losse.
2. RENT. TAXES AND OTHER CHARGES PAYABLE BYTENANT
2.1. Base Monthly Rent. Tenant agrees to pay to Landlord as monthly
base rent for the use and occupancy of said Premises during the term
ofthie Losse specified in Section 2.1.1, and 2.1.2.:
211.
2.2. Other Expenses T BePaid bTonant.
2.2:1. Personal Pro rt T Tenant shall pay all taxes
charges against trade Stares, furcrshinge, equipment or may
Other personal property associated with the Premises or
belonging to Tenant.
2.2.2. Utilities. Tenant shall pay directly to the appropriate
supplier, the cost of all natural gas, heat, light, pone¢, sewer
s rviee, telephone, water, refuse disposal and other utilities
and services supplied to the Premises. However, if any
services Cr utilifies ere jointly metered with other property,
Landlord stall make a reasonable determination of Tenants
nroporrianate share £ the st £ such tiliti d _
and Tenant shall pay such shaze to Ism CU dwithin (15) days
after rete pt of landlord's written statement.
2.2.3. Late Rent Chadve. In the event say rentala
P yment is ten
(10) days past due, Tenant agrees topayLaadiord e jaws
erc
charge is the amount of ten pent (10%) of the bass ent
due For thatperiod. -
3. R PAERS AND MAINTENANCE
31. Present Condition of Premises. Tenant ogees and hereby
stipulates with Landlord that said Premises are be goad and
temptable condition on the date of this Leaae and that the
improvements on said Premises have been delivered to Tenant in
good and tenantable wndition.
3.2. Maintenance of the Premises By Tenant. Tenant sball, at
Term's own coat and expense, during the term of this Lease or any
renews' or extension Cf the term of this Lease:
3.2.1. keep the side walls, structural Supports, ard foundation of the
building on said Premises in good repair; and
3.2.2. keep and maintain said Premises in goad order, repair, and a
teaent able condition including withant limitation
Oommercial Lease
Paw 9
maintaivng yards, grounds, Pavia, exterior roof, building
doom, and glazing in good order and repay; and
3.2.3. make all necasseby repair; to, or replacements; of the _ _-
-_ --_ - --_—PludIi-Proiea�g,tieolidirly employ
a l iiy me on
said Premises, and regnlam employ a heating and air
conditioning h mance fro to service,aintain repair
and replace, the Leamenfait and airsem coni eep to soiree en said
Promises the extent neoeseary to hoop the azure is good
uvoxMng order; and
3.2.4. repair any defects in the side waIls, structural supports, and
foundation= of the building on said Premises caused by the
negligence of to abcee of the bolding by Tenant or any
employeea, agents, subtenant,, ox inmtws of ^tenant.
3.3. Tenant to Make No Alterations. Tenant shall not mala or permit
any, other person to make any alterations to saiei Premises or to any
improvement thereon on facility appurtenant thereto without the
written cement of Landlord feet had and obtained. de Landlord'a
meat to snob improyemeota shelf not be , ,easernbly witbbnld.
focwheamose, any and al alterations, additions, improvement, and
fixtures, except To I re and tsede faunhes, made o placed in or on
and Premises by Tenant or mey other permn aha.L he paid fir safely
by the Tenant and on expiation or eooner termination of this Leasc
— — — — _
Indiana The property o: Z ldxc slica remain -,aid Yreanac&'
provided, however, that Landlord may on aspiration or sooner
termination of tare Lease remThe_.Il, at lorant`s Tote cast and
expense to remove any altsratione, additions, improvemeuts,, ar
fvctenes placed on said Pxem'vms by Tenant or aqy person acting for
or on authority inception
3.4. Landlord's Rieht of Inspection. Landlord or Lanrllmd's duly
authorized agents map enter said Premises at any and all recamandla
Pines dining the term of the, Lease or any renewal or exporter
thereof to drrtexnaine whether Tenanti omplgiag with the terms and
onditiens of this Lease ort perform any other acts authorized by
thio donate to be perfovned by Landlord or reasonably necessary, to
protect Landlord's rights embitters Lease.
3.3. Surrender of Premises On expiration o sooner termination of
the, Lease Tenant shall promptly surrender possession of said
Promisee to Landlord in as good condition as said Premises one now
on the date of this Lease, raaaonable wear and too and damage do
the elements or fire or any asually beyond the control or Tenant
excepted. Tenant, at any time within ninety (90) days prior to the
expixatian of the tam of this Lease, or any renewal or extension of
Commenied Lease Page 3
the term Of this Lease, shall allow Landlord to place and maintain
reasonable "To Let" or "For Sale" signs on said premises.
I SE OF PREMISES
4.1. Permitted Use Of Promises. Teaent shall use said Premises for
operating and conducting thereon abusiness and for no other purpose
without the written consent of Landlord.
4.2. Comnllence With L Said Premises shall not be used O
Permitted by Tenant to be used in violation of any law or ordinance.
Tempt shall msintain said Premises in a clean one aumb y saner
and in compliance with
4.2.1. All State end local laws, ordinances, rules, and xegulatiens
applicable to said Premises enacted or promulgated by any
public or governmental authority ox agency having
iurisdiction ower said Premises.
4.2.2. The recorded xestrictiom governing the industrial para if
mmg i which said Premises are located.
4.3. SiEru. Tenant may erect and maintain a shm Tenant may do "
on said Premises provided the signs so erected:
4.5.1. comply with the rules and regulations of the city and Ic _
in San Diego snd architectural m
tral Or other committee of the
i�catried park having jurisdiction Over such matters in
which said Premises are located; and
4.3.2. are removed at the sole Celt end expense of Tenant without
damage to any building on said Premises or to said Premises
On expiration or sooner t rmanation of this Lease; and
4.3.3. axe erected by Tenant and not by some other person on space
leased by Tenant without Landlord's written consent to some
other person for advertising purposes. -
4.4. IIesponsibilitc LOT Hazardous Material 'd Thaderescooreff
StOraEe Tangs.
4.4.1. Definitions, As used in thv paragraph, the foLlowing terms
shall have the following meanings:
4.4.1.1. 'Mazardous Material' seam any substance.
material or waste which is reasonably considered by Tenant to pose an actual or potential threat to
health or safety or which is of at anytime hereafter
becomes regulated as "hazardous," "resit" ox under
Conuneacvl Leans Page 4
any other similar designation by any local, state, or
I
ederal government authority. Such term includes,
without Incitation
--
4.4.1.1.2. any petroleum products, .
4.4.1.1.3. any material, snbstameor waste defined
as a "hazardous wasL " pursuant to
Section 1004 ofthe Resource
Consxrvatlon and Recovery Act (42
U.S.C. § 6901, et em.),
4.4.1.1.4. any material substance, or waste
defined ss a "heaardors substance"
Pursuant to Section 101 off the
ConionIs nsive Environmental
Response, Compeuation amt Liability
Act (42 U.S.C. § 9601, at seq.) or
4.4.1.1.6. arge material, aubatance or waste defined
as a "regulated substance" porrsuaat to
Subchapter I% of the Solid Waste -
- - Distress] And (42 U.S.C. § 6991, et seq.).
_ 4.4.1.2. "IndemniSed Person" m ars Landlord arm
dmectox, officer, employee, or agent of Landlord or
of any lender or lending iveUtuhari of Landlord,
and any person claiming under or through
Landlord.
4.4.2. RePresentatiouts and Warctries of Landlord. Landlord,
prior to the commencing of this Lease, has provided Tensnt
nth a Phase I Environmental Report with respect to the
Prremises. Landlord represents and warrants to Tenant that
to the beat of its Im ledge and belief,
4.43._1. no leak, spill, release, discharge, scissor or
disposed of any Hazerders Material has occanied on
or affectzd the Premises,
4.4.2.2. the Premises, at the date of commencement of this
Lease, 4, free of any Hazaxdous Material;
4.4.2.3. there are no underground storage tanks currently
located in the Pxecises. The foregoing
representations and wmsantiss shall survive the
termination of this Lease.
CommercilLease - Page
4.4.3. Reereseme,tioms and Warmantlo,
f T
amart
represents and wToroad
arrants to Landlord dmiag the term of this
Lease, including eatensiore thereof, it shall not allow;
4.4.3.1. the handling, framePamItiam storage, treatment or
us
age o£ Hazardous Material upon the Premises,
without the prim written consent o£Landlord;
4.4.3.2, any leak, apill, release, discharge,- emission or
disposal of any Hazardous Material to occur, on or
affect the Premises,
4.4.3.3. keep the Premises free of spy Hazazdons Material
throughout the term dthis Lease and
44.3.4. any underground storage tanks to be installed or
located on the Premises,
4.4.3.5. The foregoing repxeaentatioxm and wmxanties shall
survive the termination of this Lease.
4.4.3.6. Termination. Notwithstanding any ather
Provision herein, in the event of say breach a
Landlord's repxesentatio� and warranties set fact,,
above or in the event Landlord £ails to undertake
remedial or maintenance work required of it
bcreund x and
dilisea , tQ_
ecamletcaa Temnt may, by hatice to Landlord --
terminate this Lease as of the date to be specified
in such notice.
4.4,4. Iademvi£cation by Tenant, Tenant hemb
mdemm[o, defend and hold each Inde y agrees to
harmless from and a wed Person
Beinany and loss, cost, damage and
expense that arises duringg or chow athe
term of this Lease as a
reach of
4.4.4.1. the presenco, suspected presence or release at a>;y
time o4 any Eaz rrdous Material in, on or from the
Premises, regardless of the source of suer
Hazazdoua Material (except as setforth below),
4.4.4.2. the Presence at any time of any underground
storage tank on the Premises, or
4.4.4.3the inaccuracy or breach of any of the -
representations or wereanties set forth in Section
4.4.3. above, The costs covered by Tenante
indemnification iadudsI witho,h litmtmion, costs
iuemxed in the i ereedigatihn of site conditions, fees
Commexasl Lease
Page 6
e3 momaeys, Bngiueme end other mmulaorms, costs
and eaperem, Exolnded from the TensnYs
re
romficaaon shall be any loss, coat, dom age or
expense _resulting—from pre lusssoom s- — — -
-- --- - _ - Hazardom Material damodneed onto the Premises
by muylnd =iced Perms.
4AA. Noticars Lendlord and Temmt agree to promptly notiff the _
otl ea it's sweat such party becomes aware of the presence
of any Ilarardcus oslatereal or any underrgammd storage tam
ontbe Promisee.
4.4.6. D tom nt of Remedial Plau_ If at arty time ancto the
rn of this Lease; Landlord becomes aw:ve of the presence,
,measured from
presence or .eor be of anyHazardous1 aP Material for
art8om theon by as exbecomes aware of any Pendencyar
threatened action by any federal, state or local goveanrenta
anthorily with respect tbereto. Landlord may so notify
Tenant and request that Teramt institute remedial action.
Tenant and Londlord shall comer on what remedial action
may be appropriate and within twenty (20) days of Tenant's
receipt of such notice, Tenant ¢hall delver to Landlord a
written plan des ting in detail the proposed x¢medial -
actiot. It at aqn time during the term of thisLease,
_tea-sdlnrd-bBenues-&, a o`, any -�':�dngbarnd-atmage-ts.� _—
located on the leanness. landlord say so noriry Torrent and
request that Tenant i. titrate mancedill notion. Tamm and
Landlord shall confer on what remedal action may be
appropriate, and within twenty (20)days of Tenant's receipt
of Each teams Tsnmt sl all disiwcx to Landlord a written plan
describing m detail the remedial actonwhi h is necessary to;
4.4.6.1.rrisk of any present or fats e leakage o£
sube+xncee Som the tial, and
4.4.6.2. nimin to the possibility that the presence of arch
tank aria, at arstime during the term of this
Lease, pose a tmeat to health or snfety ox man, at
any time daring the ton= of this Lease, oegmi b
such maintenancu r pair or other work so as to
itter£sre eath too condna of business in the
Presises.
4.46.3. Any pan developed pursusnt to this sub=ameraph
shat, withnn6 limitation of the foregoing, cense the
Prsuiwes to warbler rlh all applicable federal,
-,tate and local laws, oadinancss end revelations
Page 7
and shall be sufficient to abate any pending or
threatened ac5on with respect to the Practises by
any federal, state or local gwpapsome, authority.
4.4.7. Tenaination. If,
4.4.7-1. any Plan required by the preceding eub
is of delivered to Landlord witldn tyame
time
prescribed, the tme
4.4.7.8. any such plan is not acceptable to Landlord fr all
respects, or
4.4.7.3. Landlord detenxi es that the actusl or suspected
presence Of Hazardous Material or any
underground storage tank has had or may bate a
material adverse effect on Premises or syg business
conducted from tba Leased Spare or that the
implementation of such plan may have such an
effect, -Landlord may, by notice to Tenant within
(20) day& of Lendiord's receipt o£ such plan (or, i£
Tenant fails to provide such plan, within (20) days
of the aspiration Of the time for Tenant to provide
aoah Plan) terminate this lease, such termmatian
to be effective as Of the date to be specified in such
4.4.8. Lnnle tof If Tenant deal
required hareunder within the s vers the plan
does not terminate this Lease paS fronded herain time and Landlord
twithin ten (10) days of Landlord's u Gee to Tenant ththe
plan is acceptable (or I endlard's failure to terminateathe
Lease prior to the expiration of the tuna for Landlord to do
nt ce
so), Tenawill commence safe, nessery to implement the
plan and diligently pursue such action to completion. A,
work xegmeed hereunder will be at Temnt'e sole expense
without any reimbursement from any Indemnified Peram and
willbe performed strictly in accordance with the plan and in
accordance with all applicable jaws, ordinances and
regulation gawwroing anon worrk.
4.4.9. Performance by Landlord. If Tenant fails to deliver splen
for monedml action within the time Prescribed above and
Landlord does nat terminate this Lesse, or if Tenant fails to
undartake such walk as is required hereunder sum diligentl
ursue
psuch work to completion y
Landlord may, but shall not
be required to, take such remedial action as it deems
Commercial Lease
Page 8
necessary and Tenant shall promptly reimburse Landlord for
all costs incurred in such action
4.4.10. Ad eition To Rent_ Landlord shall be entitled add to the
-___Tent pnadalo hereunde sion loss, -cast ]wage ur mpyama------
coiceed by the Teaant' s iademnlflcabon obligations set forth
-
in Section 4.4.4. above.
4.4.11. Nonexclusive Remedies. Landlord said be under no
obligation to castles any remedy which may be provided
hereunder and no failure to cruise sae such remedy shall -
mcpadice any Other remedy available hereunder or under law.
The x nrerhes presided herein shall not be considered
exclusive or preclude any claim for damages or any other
remedy which may be available under this Leave or Trader
law.
4.4.12. Enyboareamat 1 Studies and Reports. Tenant represents
to Landlord that it received from Leotard full, accurate and
complete copies of any and all reports, studies, and other_
infarmation, as has had the right to seal: from Landlord,
anything m Landlord's possession Islafing to the issue of the.
p s aence or suspected presence of any Hazardous Material on
- - - - the Premises. - - -
_ 44_13.3Laa, Ard xo....,+ 0 I --
Upon termination of this Lease, Tenant OUUM that it Shall,
at its own avatars and cost, provide Landlord with a Phase I
Envircmam t,l Repot and to the ertent that it appears, to
the Soils Engineering Consultant which has prepared the _
Phase I report, that a release of Hazardous Materials has, or
may have, occurred Tenant shall also provide Landlord with
a Phase II Environmental Report at its sole cost.
4.6. In urance bo Landlord. Should Tenant at guy time led to procure
or maintain the insurance required by this Article, Landlord may
obtain such insurance end pay the premiums on seen imure ac s he
the benefit of Tenant Any amounts paid by landlord to procure or
maintain insomence pursuant to this 6ectionshdtl be immediately due
ami repayable to Landlord by Tenant together with interest thereon
at the rate of thirteen and one half percent (1350A) per annum more
paid.
DESTRUCTION OF PREbIISES
5.1. Landl d' D t t Re Restore. Should mey
improvements, including buildings and other structures; located on
Commercial Lease Page 9
aria l Damn s he damaged or an, near dmdng the term o{ t]ia Lease
ox any renewal or e�eusion thereof Landlord shall promptly repair
or replace the damaged or dostoyed improvementa in the fellohving
or rep 2:
6.1.1. Where the damage or destuctimr t sawed by a pard against
this
inemance is required to be carried by Section 5.7 of
this Lease, £row the proceeds or stub in r, if . "
�mPmce has lapsed or yet been carh.'ed,atthnosole be and-
expense of Tenant.
6.12. Whele the damage oz des nation is caused by a peril against
which inanxauc is not required to be carried by thie Leese, at
the sole cost and e Pease of Landlord �� Tormdnation foe Uninsured L
pxoahmon of this Lease, should ass. 'pra\otwithstandare ani. other
Preparelie damaged or destroyedato such nemeut located on sold
than llvo `bpp d PYfty Thousand Dollars eatntitva] co.t more
replace them; and the d (dp5A000.00) to repair er
saintwlssch ins:manm �`o destm top is Caused by a P&
either Lwdloxd of 1'e wt mauTtq ana I i7ve Lea ¢ b3 t Lea=e,
Other whiff u notice of tem;ntion. The notce mast be y €auras the -
thhrty (tp) d-ays a_km, ocewrence B=vOn�hin
provided, bnwevor, that Tensnt can of the a C ox deatrnction;
-by—L— cam lsavent termiarpti of t7his Logs=
by Teuent of naPn ti to e�imrwn n�t3'C60 Mye after aorvde -
7Wo 13undred nation the estivTatod coat in eaceae of
eat H1fty 'Phew-and DI))ara (MD, 000.00) oP aspsid� or
o�g the �md destroyed improvements and peyine the
balance of su h excess of
Bollara ($250,000.c0 T<vo blanche hSfty Thousand
a£the To,,)Promptly on their detGern eaten on cosp]etion
aixe m'reesotafaon.
5.8. Trans for Construction of Re airs.
rosmra4nn of improvements ie ' and aI1 repays and
Commenced by Lim Jlord quned by this Article shall be
the damage or dGatvction tivu a reasonah>e time after occurrence of
be diligently punned after red
ia, m' the repass or restoration, such
eelthin a reseonablet g I Sema cad, and shall be completed
hmea§er the loss.
6.4. Abatement of Rent. The damage or maspoimit
destruction of an-
Lease, except located at said PTemiaea shall not terminst this Lease, e�ept as Ol provided in t AxycleI bnt any rent
payablab Tenant
ora under t]vs Lease eha11
6.41 Whore the dsmape ox deletion is caused by a peril against
wlilch insurance is not required to be Carded by this Lease, be
abated Lr the time and to the extent Teuam is Prevented
Coniniercial
from occupying said Premises for the uses authorized in this
Lease.
5.42. Where the damage or destruction is cawed by a peril agtinst
this Leoe,coninue norbeeotaibe-camedhy Sac Per
pro Lease, continue to be in fail
to be paid by Tenant es
provided in this Lease in roll though the damage or
destruction reorders said Premises either paxtially or
completely usnlrcbiteble for the uses authorized by this
Lease.
6.5. Sia -Month Termination. Should any damage or destruction as
dese bed in Section 6-, including its subsections, rendes said
premises only partially unardes table for the ones permitted by this
Lease, Landlord shall take such steps as Will avoid any unreasonable
interference with the use of said Premia cs by Tenant far such uses
during the period Landlord is repairing or aeplacing the damaged or
destroyed improvements, on said Premises; prodded, however, that
should Landlord be unable to resums fall use of all of said Premises to
Tenant Ea the uses permitted by this Lease w£thin sin month& from
the date of occurrence of damage sm destruction to any impaovements
on said Premises, Tenant may terminate this Lease by giving written
notice of termination to Landlord.
6. CONDEMNATION
C.I. Total Condemnation Defined. The term "total condemnation" as
used in this Artice shall mean the taking by eminent domain, herein
called "condemnation," by a pubic or gnaai-public agency or entry
having the power of eminent domain, herein called "condemnor," of
either:
6.1.1. M02ethan65percentofthegrormdereaofeaid Premises;or
6.1.2. Less than 55 percent cf the ground area of said Premisea at a
time when ma remaining buildings or improvements on said
Premises cannot reasonably be restored to a condition
suitable for Tenant's occupancy for the uses perrmtted by this
Lease witbia 66 normal claim hour working days render all
laws and aegal_area s then applicable; or
6.1.3. Less than 35 percent of the ground area of said Prenu ms in
such a moaner that Tenant is aubsiantially prevented from
carrying on his operations of a permitted use. under this Leasa
on the remaivng portion of said l:emaes.
6.2, Partial Condemnation Defined, The term "partial condemnation"
as used in this Antacid shall mean any condemnatian of a portion of
Commeaciallease Page 11
ssid Aemics that is not a tote] cond
thds Leaseemnatiaa tends, Ssdion 7_1 of
6.3. Termination for Toted Cond -
enmation. In the event of a total
ooademuation of said 1'emises dufsg the kers of bell Lease, this
Lowe shall without £usher notice terminate m x512-;01 AW
poOil etch
date and a rmpt and proper robead or paymenE of rent shall be
made. On the ,salting of such rent aajuatmeat, both Landlord and
Tenmrt will be releaead and dischd for,any and all fmthe,
Obligations under this Lease. arge
6_9_ Effect of Partial Condemnation. in the e of narHal
condemnation of said premises d veni
terminate as to the"s'mg this Leese. irisLease neo
Ph y&iry poesesaropfit 01 on of said $omisa= taken an the date act sal
n hat po tion is to en by the condemnor but
shall remain in hffi e �d effect to flee remainder of said
Promisee; provided, hoaevex, that firLhwith a_Poerthm taL'ug of actual
physio poesaeeioa by the condemnor of the portion taken by
condemnation, Landlo,d shall restate, at Landlord's oyn cast and
expam-a, the imp,ovemenis on the remainder of acid P,emie Cost
a a
con ante making said A.enilsee tenantohIf by Tenant for the'uses
date a ted by this Leans. Aayront payable undeft his Lease aft,, the
date actual physical possaesian is taken by the condemnor of the -
poatiaa of said Premises condemned shun he ,educed by the
— _--percmntags-tke-graun�axoa¢f
bears to the tonal grm�nd a,'Pexfivn `rahnrbr em cnrdonra*s
Lease. In addition, the rent ea bl sed 1'rsrvsea an the date of t
abated dining the time and arable undsz this Lease ehaL1 bo 5rrt„har
oceu to tab exteat Tenant is }oventad from
p Yba all of the rsmaindar of said Premises be tiro work of
xee . kion xagnired by tiva section to be performed by 211 Ord,
6,5. Landlo d' Power't Sell in Lieu o£ Qondemn) 211 1
may, without any obliagution or liability to Tenant and tancllcrd
needing the validity or continuation of this Lease `athout
expressly pxorided in Id 6 Section 7, a other than or
mnde�or, vritbout first xeo r ee to Bell or convey to the
mndyear on ba 3>i�iag that an ac6cn o, preceading for
sought b h rmtrtuted m tried the portion of said Premises
y t e wnrlamm0, fi'do from t}Ss Lease and the rights see
fervent, ssld Premises ather than as provided iu this 6ectioli 7.04
6.6. Condc�a d. All mmpem=ation and damagae awarded or
paid for the condemnation of said Lee or �Y por5on of said
Prenusee, or fox any sale in Ilan of co¢demnation as authorized b}
Section 7.5 t in this Lesse, shall, except as otherwiea expxossly
pranded rTenant her bT belong to ,u, d be the sole property of
L ord;
mi ht y assigning to Lanr➢ord any davit Tenach—
g 5x°° escap` £nc this Provision agairLti Landlord, the demised
Comme,ciel Leese
Page L
Premises, m condemior for diminution in value of the leasehold
estate Posted by this Lease or the value of the unexpired term of this
Leese; provided, however. that Tenant is entitled to seek to recover
from the condem on but not from Landlord, fee
6.6.1. The cast of removing anv trade features. fiimiture, or
equipment from the Portion of said Premises taken by
condemnation;
6.6.2. The value of any trade £ice axes and any structures retailed
by Tenant on the portion of said Premises taken by
condemnation that oculi have been removed by Tenant on
eaphatian of flus Lease; and
6.6.3. The than amortized value of all improvements made by
Tenant on the portion of said Premises taken by
candem�tion that could not be removed by Tenant on
saphation of this Lease either because of provisions of this
Lease either because of provisions of this Lease or because the
improvements would have no eem mic value on removal loom
said Premises
7. INDEMATPY FROM IIABjLI'j'Y. - _ -
7.1 _HOld-Harmless Clause TBIlPnY ehml ' d '{v nd T 1 T dimd—
and the property, of Landlord, deluding said Premises, free and
harmless from any and all l abrlity, claims, loss damages, or
espemes, including cremsel fees and costs, a>;=ing by rreasoll of the
death or injury Of say person, including Tenant or any person who is
an employee or agent of Tenaem or by recon of damage on or
destruction Of any property, including property owned by Tenant an
any person who is an employee OF agent of Tenant, caused ar
allegedlyasusedby
7.1.1, aqv cause whatsoever while such person or property is in or
on said Premiez or in any way commected with said Premien
e with any jepxovesents or personal prone ty on said
Premises;
7.1.2. some condition of said Premises or some building or
imprevement on said Peemisess;
7.1.3. some act or omiqmua on said Premises of Tenant or ary-
peraon s, on, or about said Premises with the permission and
mnamA of Tenant; ox
7.1.4. any matter connected with Tenant's occupation and rae of
said Premises.
Comme-¢al Lease Page 18
42. Us, entedAt £L
Sectuen 8.1 of t—' N°twithstsading the provisions Of
and hold Landlord m Tenant shall be under no duty to Made r. ,
harmless from any liability, chime, or damages
arising because ofLandlord's failure to make any repairs requior damages
d b
twildna his Leese to be made by Landlord or because of any intentional
Laadloxd a°�°rhe any person who is an agent or emor
in ployee o£
employment. Colum cad stairs of their agency or
4.3. Liability In
expense, sec roann Tenant shall, at Temnt's own cost and
during the entire ter , of atter execution o£this years and maintaiu
such term a broad £ of this Lease and any renewal or extension of
liability ma rem comprehensive coverags policy of public
smaby to which Sections 6.2 and 5.3 oft his Lease 86x71
apply, issued by d insurance company acceptable to Landlord
insuring Tenant and Landlord against lees ox liability caused by ox
coanected with Tenant's occupation and use of said Premises ander
this lease in amounts not less thea
4.3.1. One Hundred Thousand dollars ($100,000) forr injury , or
death of one Nelson and, subject to such
�dn)arKoc-d��uh .,r „__ __ limitation for the
Thousan3 Mt. (($ip Op g nadxe�--
MOM Persons as a ,salt of an urY to or death of two or
y one accident or incident, and
4'3'2' One hundred Thousand dollars ($100,000) for damage to or
deetruntion of airy property of others.
4.4. Esoneratr Tenant hereby empxessly waives all
claims for damages and agrees that Landlord shall not be liable for
ary damages or mjuries to Tenant's business, for any loss of income
from Tenant's business, her ayy, damage ox destmetion of property
belonging to Tenant or on said Premises with the destrucOnOonction
o£ Tenant,
or iar any all to Tenant or say person on said Premises with the
consent re Tenant unless such damage, injnry lase, or destruction
directly results from either Landlord's failure after written notice
from Tenant to make any repairs required by this Leese t° be made
by I andlerd °fraentional ar wiRM act of Landlord or some agent
or employee oInn intentional
8. DRF =L AND TRRMMNATI0N
8.1. Remedies on Tensat'a Default. Should TensathreachthisLe
ox abandon said Premises prior to the natural e
xpiration of the ase term
Commercial Lease
Page 14
o£this Lease, Landlord, in addition to any other remedy given
Landlord by law m equity, may:
8.1.1. Continue this Lease be effect by not tarariacaing Tenant's
_—_- right to possession n£saidPremisas, h which event Lamllord- —
eball be. entitled to enforce all Landlord's lights and remedies
under thv faces induding the right to recover the rent
specified ho So is Leese as itbecomes due underthhis Lease: or
8.1.2. Terminate this Lease set recover from Tenon[
8.1.2.1. The worth at the time a£ awazd of the unpaid rent
which had been earned at the time of termination
oftbeLease; -
8.1.2.2. The worth at the time of owned of the amount by
which the unpaid amount by which the unpaid Dent
which would have been earned after termination of
the Lease until thetine of award exceeds the
amount of rental loss that Tenant plocee could
have been reasonably avoided;
8.1.2.8. The worth at the time of award of the amount by
Lehe-ffiPgdzwthe —
e£isx thethe time of award exceeds the mounE of
rental loss that Tenant proves could be reasonably
avoided; and
8.1.2.4. Any other amount necessary to compensate
Landlord fax all detriment proximately caused by
Tenant's failure to penfaim his obligations under
this Lease; ox
8.1.2.5. Terminate the Lease and, in addition to noy
recoveries Landlord may seek under subparagraph
B. of this section, bring en action to re-enter and
Tegain possession of said Premises in the manner
provided by the laws of ab awixd detainer of the
State of Calif curia then be effBor.
8.1,8. Defanit by Tenant All covenants and agreements
contained in this Lease aDe declared to be conditions to this
Lease and to the term hereby demised to Tenant Tenant
shall breach this Lease, giving Landlord the remedies
specified in Section 9.1, and its subparts, of this Lease,
slould:
Cominexcial Lease Page 15
8.1.3.1. Any rent he unpaid when due and remain nnpaid
Ion 6 days after written nosh, to pay snob rent on
surrender Possession Of said Premnes is served on
Tahnetby Landlord: or
8.1.8.2. Torrent default in the performance or breach say
other covenant; condition, or a�eemxnt contained
is this Lease and such default or breach is at
cured within 20 days after wobton entice thereof is
given by LsadlOra to Tenant
814. Insolvenev. Should Tenant become insolvent;
this section, Lnas defined in
adlord may, by giving 20 days' no ce t
Tenant or to the person appointed to manage Tenant's aceairs
at the address {or such peraon app¢a,;"g in t
remade of the court that appointed hien, terminate this Lease
and forfeit Tenant's int., eaIt in said Premises sad in any
improvements or Facilities in, on, or appurtenant to s
Premises. For aid
purposes o£ this section T6�nt Lgll
conclusively presumbe
ed to Lave become insolvent if 8Tenant
should:
8.1.4.1. Have a receiver appoint d to tale pnsesaion of all
or subeinatiaPy all of Tenant's property because of
insolvencc;
8.1.4.2. Make a general assignment fof the benefit of
ne litoem; or
8.1.4.3. Allow any judgment against Tenant to ¢amain
I
o8 tisfied and unbonded for a period of So days or
8.1.6. Cumulative Remedies. The remedies given to Landlord
this Arnett shall not be "collusive ive but shall be cumulative and
in addition to all other remedies now or hereafter allowed by
law or authorized elsewhere in this Lease.
8.1.6. W21MeorOflkreach. Thewaiverby Inndlordof
Tesnnt of any of the provisionsany breach at
of this shall not
constitute a continuing waiver or s waiver o{cryany subsequent
default or breach by Tenant either of the some ox a different
Provision o£this Lease.
9. 1MSCE l ANEOUS
9.1.
S bl A--S Tenant shall be allowed to eneunbar,
assfgh m otherwise transfer this Leave, any right ox interest in tLis
Lease, or shy right or interest in acid-Premises of any 0{ the
impfovoments that may now or hereafter be constructed ar inealled —
Commerxciel Lease
Page 16
on said Premiss without the express wrlbee consent of Landlord
first bad and obtained. Tenant may sublet said Premises or any part
thereof or allow, any part thereof or allow any other person, including
Tn'mNG agante, srmtrebe and employees to ocoupy said Premises or
---esy partthereofwithout. the pxiorw.ittenrpasentofiyandlord. by
encumbrance assigrmsent, tramfar, or subletting without the prior
written cousent of Lualtord, whether it be voluntary or involuntary,
by operation of law or otbernise, is allowable a,. a negotiated
consideration of the Snow.
9.2. Utilities. Tenant shall pay all charges ince ed for the fitrnishina of
gas, electricity, water, telephone service, garbage or refuse service,
and other public utilities to said Premises during the term of this
Lease or any renewals or extensions thereof.
90. Notices. Except as otherwise a tpmessly provided by law, any and
all noticea or other commuscatiom required or permitted by this
Lease or by law to be carved an or given to either party hereto by the
other parry hereta shell be in writing by email and shall be deemed
duly Barred and giyeer when personally delivered to the party to
whom it is directed or to any managing employee or officer, of suck
party or, in lien of auc cl asoma service, when the email is confirmed
received.
9.4 Attorney's Fees. Should any litigntim, mcudivg arbitration
proceedings, be commenced between the parties to this Leaee
concerning said Premises, this Lease, or the rights and duties of
either in relation thereto, the party, Landlord or Tenant, prevai.Lng
in snch htigation sbsll be entitled, in addition to such other rehe£ as
may be granted in the litigation, to a reasonable sum as and for his
aternoy's fens in the litigation which shall be determined by the
cov t in such htigation or in a separate action brought for -that
purpose.
9.5. Bindin¢on Heirs dS -'This Leaeeshahbebindingon
and shall ions to the benafit of the hairs, executers, administrators,
successors and assign of each of the parties hereto, Landlord end
Teaant, but nothing co rnsined in this section shall be construed as a
consent by Landlord to any assignment of this Lease Or any interest
in this Lease by Tenant.
9.6. Timeo£Easenee. 75meie expressly dedaredto be the essence of this
Lease.
9.7. Sole and Orrl A t. This instrument constitutes the sole
and only agreement between Landlord and Tenant respecting said
Premises, the leasing of sad Premises W Tenant, or the Lease terms
Cemmemisl Lease
herein specified, and oensctly seta Forth the obligations e£ Landlord
and Tenant to eaeh other as of its date. Any agreements or
repxesentatioua respecting Said Premises or their leasing by Landlord
and Test not expressly set forth in this instrum
void. yet acs null and
9.8. Severabilit . If any part Of this Lease is adjudged by any court of
competent jurisdiction to be neenfoxceable, said vnen£oxceab7a
Provision shall not affect the other pxovisi.ns hexxen£, and this Lease
shall be construed in all respect as if any invalid ox rmer b ..able
provi Oa were omitted.
P.D. Govex L This Lease shall bo construed
Lams o£the State o£Clifornia with' _ P�ehubeon. the
superior Court in and for the Countyl of Diego.
ae nd venue being the
9.10. Countervarbn This Lease may be executed in
eounterperts, .ail of which taken together shall�ro One or more
inslsvment. gs netit�Ye oae
9.11. Facsimile�ianatures. It is expre6817 agreed that the panties may
eaecate this .Lease via Facsimile signature and su.h £a"='.,,.le
aigmtuxe pages shall be treated as originals fox allpurposes
he Witness hexeo£ the parties have executed this Lease effective as of the
date fist set forth above on the first page Of this Lease,
"Tenant" "Landlord"
holaa Fehoko blarcer Financial LLC
IHY
C9mma<ciel Lease
Page 18
Er bit ]0
3
^
$
�
baa
�
s
�
�
9
3
G
0
�
5rG
K �
€
,3
=
_
�
g
py
_
R
s9�,
G
['e_
6
n
R
sa
baa
_:
,3
_
py
_
R
s9�,
['e_
i�
i f,
z �;'
n
—
€
A
I a
o
s
G
' x
5
>
i�
i f,
z �;'
n
Elm m
Rif
Marcer Financial LLC
2351 Via Capri
La Jolla, CA 92037
is Maldonado
1 Chardonnay Terrace
la Vista, CA 91913
Chula Vista Collective
Attn: Nicholas Fehoko
1283 Third Ave. —
Chula Vista, CA 91911 - --
C��,To`sw
'0 1, 0. on, 1.
9 Pamm.re� rewaneti n,aontcard 10yoere eme
ca a Acorn Ytif caN to the track N t46 mallPiece.
0
on the lWR tl e%ce Pe,mR.
:Elena Maldonado
2021 Chardonnay Terrace
Chula Vista, CA 91913
�IIIIII
a,03190815127l111111111111
' X9590 9403 0989 59 898
1 1 U 62.
IM.
Attn: Nicholas Fen0H0 -
1283 Third Ave.
Chula Vista, CA 91911
omsCstart iiaias i-
9599 940909&9591 SA8165
7016 3010 0000 3621
eml
P,OY _._.entl tl nthe,aveve X
Marcer Financial LLC
2351 Vla Capri,
La Jolla, CA 92037
IDMANIIIIIIIIIIIIIIII
°oa
95MM30983
6913461 ]9
mmiadum�tID +vvm e
-Z"Dom 4
rose
ORDINANCE NO
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDMO
CHAPTER 15.06 Of THE CHULA VISTA FOUNIC@AL CODE TO
COMPLY WITH STATE LAW
WHEREAS, Chula Vida Momcipal Code Chapter 15.06 established miss and regulatiens forthe
adminimandon andeaforcement of certain technical building codes; and
WfIERGA$ Assembly REE 2913 approved on September RI, 2018 extends the life of building
Permits htt rasldeNwl Occupancies Tom 180 days to 12 months, and authoress the Bulking Official to
Want One or more vocations for time periods of not more than 180 days per extension; and
WHEREAS, the revision conmined'm this ONinence to CVMC Chapter 15.06 "Adminl9mtivc
Provisions for the Number Building Codes" will implement AS 2913 and Sections 18938.5 and 189386
of the Health and Safety Cods relating to building permits, and
WINREAS, Ne City Conned of the City of Chula Vista did conduct a duly noticed public
hearing for consideration of revision to CVMC Chapter 15,06; and
)WHEREAS the City's Development Saivism Director has reviewed Ne proposed activity Cr
mmplietes with the Collmenia Luvhoara lQualityAct(CEQA) cal Ins dctemvned that the activity
is not aThr P'ss deal under Section 15378 ofthe State (AQA Guidelines because no development
is proposed by the activity. There is no potential of the bottom resulting In either a direct physical change
m the environment, or a reasonably foreseeable happen physical change in Ne environment. Therefore,
pursuant to Search 15060(m$3) Of the State CEQA Guidelines the activity is nN subject to CEQA.
Nohvllhtmiding the foregoing the City's Development Services Director has also delwmined that too
activity is exempt from CEQA because it can M seen with certainty that we ordinance i) proposes no land
use change and it) amends Provisions imaNA t0 building permit expications and enensbns. Tlwrefom,
there is 110 pmsibdity that the activity In Enestlnn may haw a signifioevt effect on the empappossont,
oCEQ
Thermal to Section 15061 (b$3} Of Me 91s1e CEQq Guidelines, the activity m is neuUb CEQbJeA_
NOW'EDERE.PORE Me City Council of an qty of Chula Vista does hereby ordain as follows_
Smooth I. Substantive Action
Chapter 1506 of are Chula Vista Mmdoipal Code is hereby amended as follows.
Chapter 15.06
ADM ,TRA'fIVE PROVISIONS FORITER, TECHNICAL BUILDING CODES
Session:
15.06.085 Application for aPermit
15.06090 Permarssuanm
A omm'mu
CX'"61d41� Ng ztn
15.06.085 Application for a Permit.
A, Application. To obtain a permit, the applicant shall Atrt file an application In wilting on a form
finished by the City, for that purpose. Every definition shall:
1. Identify and describe the workie be covered by the permit fur whichacplachurn is madn.
2. Describe the land on which the proposed work Is to be dome by legal dcomp tion, greet
address or similar description that will reapply identify and definitely locate the proposed
building orwork
-
3. Indicate the use or occupancy for whlchthe proposed work Is Intended
4. Be accompanied by plans, diagrams, computations and specifications, and other data a
required In subsection DO of this section.
5. Stan the valuation of any new bnildrig or structure or copy addition, remodeling o
alteration to an existing building.
6. Be signed by the applicant, or the applicant's authorized agent.
). Give suchofher data and information as may be required by Oe Building Offeial,
B. Submittal Documents.Plans, spealficarloodeeneding calculations, diagram, all investigation
reports, special Inspechon and structural observation programs and other data shall constitute the
suicidal documents and shill be submitted Inoit, or o sots with each application fur a
warril. when such plane me not prepared by an architect orengineer, the Bonding Official may
require the applicant submitting such playa or other data to demonstrate that slate Inv does not
require that the plans be prepared by a licensed a detect or norpnod. The Building Official may
require plans, compurnlom and sped camorrs to be prepared and designed by an engineer or
indirect Ilopr ed by the state men it not radical by slate law. however, the Building Official
may waive the requirement to submit clams, separations, c nstrttdion inspection codifications
and Other data ifthe nature of the wok applied for is such that reviewing affirm, is not meeeromy
to obtain compliance with lbB chapter.
I. InPoymatlon on Plata and Specifications. Plans and specifications shall be drawn to scale
On substantial paper or cloth and shall be of sufficient tlmity to indicate fee location,
nature and went of the proposed work and show In Triad per the proposed work wl II
conform to the provisions ofties handled, Na rohnlml codes and all relevant laws,
ordinances, rules and regulations. Plans for buildings of other Nan Group R, Division 3
and Group U democracies shall indicate, how real structural and ficoesistive
integrity will be maintained %here penetrations will be made for elecnlsal, mechanical,
flmnhlvgand accumulation act anlis, pipes and similar seetems.
oul w
Pagers6
2. Arabian or Empress of Reason, When it is required that documents be prepared by an
emoted or engineer, the Building Official may require the appllcam to engage and
designato on the budding permit application an architect or engineer who shall act as the
m clunixi or englm rof record. ICshe c resistance require, the applicant may designate
continue architect ore�ineer ofrecord who shall perform all the dutiesrequiredof the
original architect or engineer of record. The applicant shall roti b the Building Official in
crime If the architect or engineer of record is changed or is unable to continue to
perform the Onew. The architect or engineer ofrewNshall MreapomTle forreviewing
and domineering all submitral documents Beparch by others, including deferred
tribunal item; for compatibility with the design of the building.
3. Defered Submittals. Dcfmred larcenous are defined as these portions of the design
which are nm submitted at the time of the application and which mato be submitted m
the Building Official within a specified period. DeRned subMttols shall have prior
approval of the Building Official. The architect or engineer of record shall list the
defamed submihais on the plans at time of application and shall submit the deferred
audited documents for review by the Building Official.
'Ihe architect or engineer of record shell submit the deferred subriftno to the Building
Official with notation indicating that the deferred submittals have been weviewed and that
they have been found to be in general conformance with the design of the building The
defatted submittal items shall not be installed until their dosigo and deferred submittals
have been approvedby the Building Official.
Expansion of Plan Besides. Applications for which no parmit is issued within sxg�e_}SO-aeys
following the date of application shall expire and plans and other dada submitted for review may
thereafter be returned to the applicant or destroyed bythe Building Official, The Building Official
may errant ane nr more omens nn f f 0 -- — - - -
barI period not exceeding 180 days Per extensionwritten request by the applicant showing
that circumstances beyond the control of the applicant have prevented amlon from being wlren.
Whomconaderins
en h 1 shall 'd
need to update the t I' girded biguind d W qe
Bit to '14 A I case lie I .lnorderN maraw reform
an application after
cvPlntion, the applicant shall submit I'requiredsubmittal
and sbal be gubjet to all applicable fees and regulations in effectdata the ti
cation
suboncd__._ __ _ _ __ ____ (Ord. 3087 y 1, 2009).
15 06090 Permit issuance.
A. Issuance The alericatioq plans, spedficetiona computations erd ardor data filed by an applicant
for permit shall be reviewed by the Bwiding Official. Such plains may be reviewed by other
departments of the city to verify compliance with all applicable laws. If the Building Official
finds that the work described In as application for apermlt and the plats, creditatlons and most
data filed therewith conform to the containment of this ebapier, the technical codes, and other
pertinent laws and cNlnarmas, and from the fees specified In CVMC 15.06095 have temporal, the
Building Official shall issue a permit to the applicant.
Ordmnn¢
rosiest
When a permit is issued, and plain and specifications are required for that permit, the Building
Official shell railroad in writing or Act the plans and spetiticnOmss "APPRO'dil Such
approved plans and specifications shall not be ebanSed, modified or altered without authorization
from the Building Official, and all work regulated by this chapter or the technical codes shall be
done in accordance with me approved plans mrd specification.
The Binding Official may Issue a permit for the conversation of pan of a building, structure or
building service equipment before the entire plans and specifications for the whole building,
muGua an building service equipment have been submitted or approved, provided adequate
Interaction and detailed statements have been sled complying who all incorrect requirements of
the technical codes. The Issuance of a partial permit shall not, In rely way, comm it the Building
Official to greena permit for the entire building structure or building career.
B. Itetevlimt ofPlans. The Building Oficial shall malmaw an official sups mlemfrhn, ceremonious
ether type of photographic copy of the plans of every building, during the life of the building, for
which the (Sty Issued a building permit. All pleas for common interest developments as defined
In Section 1351 of the California Civil Code shall bemaiidelned with the following exoeptmari:
]. Single or multiple dwellings not more than two stories and basement in height.
2. Garages and other structures appurtenant to buildings listed in the exception In Subsection
CE(l)ofthis section.
3. Pard or ranch buildings
0 Any one story building where the spun between haying walls does not exceed 25 feet,
except a steel frame or conmGc building.
C. Validity of Permit The issuance of a permit or approval of plans, specifications and eompulsQons
shall not be constmetl to be a permit for, or for approval of, any vlolntlon of any of the provisions
of this chapter or the technical codas orofany other radial of the City, Permits presuming to
give audamily to violate of cancel me provisions of this chapter, the Edfichwl tales, or of other
ordinance of the City shall not be valid.
The issuance of a permit based on plans, spmlficatlons and other data shall not prevent the
Building Official from thereafter regmbing the conviction of errors in these plans, specifications
and other data or prevent the Building Official tom stopping building operations when their is a
violation ofshore plans, specifications and other data, or violations efthls chapter orthe technical
codes or of any other ordinances.
D. P.xplm[lot of Pound Every permit issued by Cc Building official under the provisions of the
Ecfmiced codes shall expire if the building or work authorized by such permit is net commenced
within oy]8B-drys from the date of such permit, or if the building or work authorized by
mefi permit is suspended or abandoned at any Ilene after the work Is commenced for a period of
180 days. `�..eh�— issueF,a '. -a morit-at At Ice for, F
eF t ._ ken-medeonvillk.made-ie-Ihev.:'I form -m f two:.,efrom he all ffi slocift
ommn
Cars, 516
kuadxx
tleliemwgyeuwEaRer-ex:~mt�{hnf wuta
Aoetminee M10 d'nn t coxo red perml� a ppl) for an to aunt n of the me fix rood and
sa Tfactory persons and fro one- f The amount mounted for a new permit provided no changes
foup bgen made o µall be mad¢ n the o 1 an s ecllice Ions A permihegyiM an
li red oermt mev I f f d 'fee
The Building Offers[ morn wont one or mom evideensionse of ¢Hexa -ice time for ardian by the
finance for aperied not exceeding 180 days car correctionupon written request by Wa perminee
showing that circumstances beyond the control of[he pefmluse have prevented action from being
taken. Wheninion xt f B ld' 1 heed
dLddatate to anvnen¢w�adopte —building d I' .tea ft v�
E. Suspension or Rev cation. The Budding Official may in writing suspend or ravolksi a permit
issued d under the provisions of this chap(chapterro
spot the technical codes when c permit is issued in come or on the basis of incorrect Information supplied, or in
violation ofthis chapped the technical
codes or any ether radiance or regulntiep. (Ord. 3087 § 1,20p"]).
Section II. 9<vembllity
If may porion of this Ordinance, or its application to any parson or ehcumsteoce, is for any
reason M1dd to be invalid, unenforceable or mrsons imtlar al, by a court of competent jurisdiction, that
portion scall be deemed severable, and such invalidity, i neaforcesblllty or unconstitutionality small net
affect the validity or enforceability of the remaining portiore of the OtAnance, or its application to Say
char person or circumstance Tire City Council of the City of Chula Vista hereby declines that it would
have adopted each section, sentence, clause or phrase of this @diments, inespentr a of the fact that any
one or more offer semorde, sentences, clavus or chances of the Commerce be declared invalid,
uneNorcmble¢t unconstuatlonul.
Section III. Construction
The City Council of the Che of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable stare and federal law and this Ordinance shall be construed to light of
ihatinlent.
Section W. Effective Date
This Conceded sMllodre effect and be in toms on the thirtieth day after Its Mal passage.
Section V. Publication
The City Clark shall ecrlfy to the passage and adoption of this Ordinance and shall cause the
Shut to be published or posted according to law.
ONmn
Pqv 6/6
Presented to Approved ez to from by:
Kelly G. Broughton, PASLA Glen N. Commons
Director of Development Services City Attorney