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Home My WebLink About2019-02-27 BOAA Agenda Packetntlll�- Iff OF CHUUMBA �ity of Chula Vista Boards & Commissions Boud of Appeals & Advisors (ICVfSCD a -e -w SPECIAL MEETING OF THE HOARD OF APPEALS &ADVISORS OF THE CITY OF CIIULA VISTA February 27, 2019 Executive Conference Room 103 5:15 p.m. Public Service Bldg. "A" 276 Fourth Ave., Chula Vista CALL TO ORDER ROLL CALK Chair Doeia Committee Members: Combe end Selammi CONSENT CALENDAR The Board/Commission will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Board2ommission Member, a member ofthepublic, or staff requests that an item be removes l r discussion. Ifyou wish to spook on one offs ese items, please fill out a "Request to Speak"form and submit it to the Secretary prior to the meeting l ems pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. Approval of Minutes: .lawary 23,2019 Staff adommendatlon: Board approves the minutes. PUBLICCOMMENTS Persons speaking during Public Comments their address the musapCommiamon on any subject matter within the Board/Commissum'sjuridiction that is not listed as an item on the agenda. State law generally prohibits the Board/Commicton from discussing or taking action on any Issue not Included on the agenda but, ifappropriate. the BoashCommisman may schedule the topic for future discussion or refer rhe matter to staff. Comments are limited to three minutes. ACTION ITEMS The Items) listed in this section of the agenda will be considered individually by the Board/Commission and are expected to elicit discussion and deliberation. If 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 Order to Vacate, 1161 Tldrd Avenue, Chula Vise, California SCANNED 3. Consideration of the Findings and Decision on the Appeal of a Notice and Order to Vacate, 1283 Third Ayenu , Chula Vim. California, as an Unsafe Building and a Public Nuisance, which the Board dermad on Ienday 23, 2019 and upheld the Building Official's reoommendadms; ifapproved, directing Cloaked Donato execute same. INFORMATIONITEM: 4. Present an Commands of the City of Chula Vista amending Chapter 15.06 of the Chula Vista Municipal Code to comply with state law, to extend the life of a building person from 180 days m12 months. OTRERBUSINESS 5. STAFFCOMMENTS 6 CHAIR'S COMMENTS 7. COMMISSIONERS'MOARDMEMBERS'COMMENTS ADJOURNMENT W the regular meeting on March I I, 2019 in Development Services Conference Room 137 Chula Vista, Califomla Materials provided to the Board gjAppals & Advisors related to any pm, session item an this agenda are availablefor public review in the Public Service Bldg B, Front Counter Reception area, during normal business hours. In compliance with the AMERICANS WITHDISABHTTIES ACT The City of Chula Vista requests individuals who require special accommodafiom m access, attend, anddepard pare in a City meeting activity, or service, contact the Human Resources Department at (619) 691-5041 (California Relay Service is avallablefor the hearing impaired he dialing 911) at least forty-eight hours in advance of the meeting, I declare under penmv at" over that t am employed by the.!lty of Cnwa v8a In Development-aa2rv'ws and that t rated this document on too: rubes board examine to BordenDated Act co -a9 enb' p�Ov '�.2rt Dated a�_eg ed Page 21 30ard of Appeals & Advisors Agenda February 27, 2019 ON SIRUL FS OF A SPECIAL MEETING OF TBE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA January 23, 2019 5:15 Cm A Special Meeting of the Board of Appeals & Advisors of the City of Chula Vista was called 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 Using, Combs, oral Sclafami ARSFNT: None ALSO PRESENT: Lou RI-Khaeen, Building Official, Carol 'ITuiplo, Deputy City Attorney, Megan McClurg, Deputy City Attorney, Justin Gipson, ChiellFila Marshall, Brian Calandra, Senior Code Enforcement Officer, Marinol Adulator Code Enforcement Officer, Daniel Padilla, Code Enforcement Officer and Secretary Rice CONSP,NTCALENDAR 1. Approval of Minutes: December 10, 2019 Stuff recommendation: Board approves the minutes. ACTION: Member Combe moved to approve s(mrs recommendations and offered Consent Calendar Item L Member SclePnf seconded the motion, and it carried 3-0. ITEMS REMOVED FROM THE CONSENT CA[.ENDAR There were none. PUBLIC COMMENTS None ACTION ITEMS 2. Appeal of a Notice and Order to Vacate, 1161 Third Avenue, Chula Vista, California Building Official EI-Khaeem explained the appeal for 1161 Third Avenue was going to be continued to the next regular scheduled meeting, February 11, 2019, at the request of the appellant's attorney. They stated To packet was postmarked January 10, 2019 but wosdt Pagel 1 Board ofAppears ee Advisers spaces January 23 20 1e 02W received until January 14'" this did not give them enough time to go through the infermadon. Also, staff Md 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 Mr. EI-Khazen noted that the appellant and his attorney were not present Coda Enforcement Officer for the case was Michael Justin Bruce, who also was not present due to a prior commitment. In his prove was Brian Continuum, Senior Code Enforcement Officer and officer Bruce's supervisor. Mt Camoutan had gone over the ease with officer Bruce so any questions concerning the matter could be addressed to him. As summarized in the staff report, Building Official Er-Khazen, stated Chula Vim Collective is an illegal cannabis business located at 1283 Third Avenue. The illegal business contains unrestrained construction alterations Including but not limited to interior walls, electrical doorways, and an undermined change of use resulting in an 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 November 8, 2018, staff has been taking enfomement option against the business and property owner to stop the illegal business and restore the property to its original stews. The business and property owner have ignored the many legal notices issued to them and continue to operate with disregard to local and State adjust and regulations. The City issued a Notice and Order to Vacate which is being appealed to the Board. Building Official FA-EJamon stated the Chula Vista Municipal Codes (CVMC) mandates any and all tenant improvements conducted on buildings within the city we subject to the permitting process as well as inspections under CVMC 15.06.080; Permits, and CVMC 15.06.100; Inspections. Tenant improvements must be Inspected and approved by City Building Inspectors and City Fire Officials. The property at 1283 Third Avenue has undergone tenant improvements intruding but not limited to the construction 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 me illegal use of flue facility as a cannabis business. Chula Vista Municipal Code 5.66.020; Commercial cannabis business prohibited, prohibits any eaunabisecaunabis business in the city. Furthermore, CVMC Chapter 5.19; Commeroial Cannabis, prohibits contractual cannabis 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 816-014, respectively. the only other approved permit was to replace anexterior staircase in 1993, Casa 893-0142. Mr. Fd-Khazen 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 mucance is declared; it may be abated in accordance with the municipal code. Item 4; CVMC 15B6.0 1506.060 (E) Ocuupanry Violations; Item 7; CVMC 15.06.075 II Imtfil Acts, Item 8; Page 2I Board ofAppeels & Advisors voice IDnuary 23, 2019 CVMC15.06095(B) Notice of Violation, Item 10; CVMC15.06.115(A) Certification f Occupancy, Item 11; California Civil Code Section 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 5.1990 prohibits commercial cannabis business or activity within the City unless the business/activity had a valid State and City cannabis business licenses authorizing such business or activity. Building Official EI-Yhazcu is recommending that the Board of Appeals and Advisors deny the business parma'AtermnCs appeal of the Notice and Order to Vacate and uphold the Building Official's and Fire Marshal's determination that the building at 1282 Third Avenue is improperly occupied, is unsafe, and is being maintained as a public nuisance as an unlawful cannabis business. The board members noted the appellant, not any legal counsel for them, was at the meeting and they inquired if they had been runi fred_ Officer Cameron affirmed that they had been notified. They asked if the applicant bad requested a continuance. Staff replied no, Building Official EI-Khazan pointed out there had net been any contact from them other than the appellant's attorney, Matt Shapiro, had allowed staff to inspect the building and then they appealed it. Tho board commented the appeal from the responsible party (Nicholas Fcholi listed the notice from the City did not specify what work was unpermitted, and they denied that my structural alterations were made. Attorney McClurg sorted the Notice of Violation that was issued had an Attachment "A" that explained the oupermitted mnant Improvements seem the addition of interior walls, utilities and electric magnetic locks. The notice did include a description of the unpermitted work that was done. Chair Humid asked if then were my more comments from the board. There were none. He asked the board to make a motion. ACTION: Member SelaPavi made a motion to deny the business owner'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 unlawful cannabis business. Member Combs seconded the motion and it carried unanimously 3-0. OTHER BUSINESS 4. STAFF COMISUENTS Me. EI-Rhazen commented Item #2 (1161 Third Ave) from today's agenda would be continued to their February 11, 2019 meeting. In addition, he was working on an ordinance to comply with the recelrt Scene's bill asking jurisdictions to allow permits to stay active for a year before they expire. This ordinance would be going to city council; however, he may bring it to the board as an information item. Page 3l board ofAppeols & Advisors Minutes January 23, 2018 AWd 5. CHAIR'SCOMMENTS-None 6. COMMISSIONERSVBOARD MHMBERS'COMMENT9-None The board Inquired as to how many applications for licenses had the city reserved. Attorney McClurg said they had reserved 96 applications for the limited type which are retail and cultivation. There will he a maximum of 12 retail allowed (3 per district) and 10 cultivation. Member Selafimd commented It was a bit confusing trying to determine who was the responsible party in the staff report. He suggested for future submittals on an Appeal Notice and Order to Vacate that it be clarified as to who is the tenant, who is the building and who is appealing. He also asked how the distinction was made as to who was the responsible party when there was more than one person involved. City Attorney McClurg explained the responsible parry is anyone Hnet engages and facilitates the violation of the municipal code it could also be me person neon who's land the violation exist There was further debate on assessment of fines and penalties and whether the City is flexible on settling the penalties with the property owoer. The city attorney replied that they were, and that they did this on numerous sessions. ADJOURNMhT At 6U0 p.m, Chair Doria adjourned the meeting to a Regular Meeting on February 11, 2019 at 5:15 p.m M Conference Room 137 located at Public Service Bldg "B", 276 Fourth Avenue, Chain Vista, California Rosemarie Rice, Secretary Page 4 1 Boom OfAppyalaia Adveons Minmes Jaouary23, 2018 Board of Appeals and Advisors Meeting Date: 02 V 2019 Subject: Appeal of Notice and Order to Vacate; 1161 Third Avenue. Submitted By: LouEl-Gareeu, Building Official/Code Enforcement Manager Justin Gipson, Fire Division Chap/Tare Marshal Properly Owner: PON 198, INC Tenant Chula Vista Exotics Appellant Law Offices of Michael E. Charter, APC legal counsel for PON 198, LLC SUMMARY: 'fhe "Chula Vista Exams" is an illegal cannabis business loaded at 1161 Third Avenue (the "Property"). The illegal business contains unpermided oonstruction alterations including but not limited to interior walls, electrical, doorways, and an carol mitred use resulting in an unsafe building as it is improperly occupied, has inadequate egreas, is a potential foe hazard, is being maintained ac a public nuisance, and is otherwise dangerous to human lif. Since August 2017, staff has been raking enforcement action against the business and property owner to step the illegal business and re rare the propel its original status. The lembi a and property owner have ignored the many legal notices issued to them and continue to operate with disregard to local and State rules and matriculant. The City issued a Notice and Order to Vacate, which is appealed to the Board. RECOMMENDATION That the Board of Appeals and Advisors deny the business termat's appeal of the NOTICE AND ORDER TO VACATE, and uphold the Building Official's and Pim Marshal's determination that the building at 1161 Third Avenue is unsafe and is being maintained Be apublic Emanate. DISCUSSION As mandated by the Chula Vista Municipal Code, any and all client improvements conducted on buildings within the City aro subject to the permitting process and impeetiow under CVMC I S 06.080 (Permits) and CVMC 15L6 100 (Inspections). Tenant improvements must be inspected and approved by City Building Inspectors and City Fire Officials. The building on the Property has undergone tenant improvements Including but not limited to the construction of interior walls and doors. The ten at improvements have not been permitted by the City of Chula Viva 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 prohibited all cannabis businesses pursuant to Chula Vista Municipal Code (CVMC) 5.66.020. Beginning on December 12, 2018, CVMC 5.19 permits limited commands] vannubis activity in the City by businesses who son dually licensed by both the Stam of California and the City of Chola Vista. However, no licenses have yet been issued by the City of Chula Vlrta, and the City does not anticipate issuing any licenses until later in 2019. As a result all commercial cannabis activity rcmatns prohibited in the City of Chula Vista. The most recent approved tenant improvement permit was issued in 2013 to include perdition walla, doom and miscellaneous electrical - permit B 13-1483 (Exhibit 11) Photos reflect the changes in construction from 2017 Google map street view vs photo taken by Officer Padilla on.iam ary, I5, 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 H'ston 1. On August 15, 2017, staff received a complaint from the Chula Vista Police Department regarding an illegal cannabis business operating at the Properly. 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 exterior of theproperty (exhibit 1), 2. On August 16, 2017, Officer Padilla researched the cannabis business locator using webshe www weeducipvtom and found a cannabis business advertising itself as"Chula Vista Exuded" with an address of 11613'^ Avenue Chula Vista (Exhibit 2). A ce le enforcement case was opened for the unpermiarA business (C17-0643) and another one for the unplum bed signage (CI7-0646). 3. From August 16, 2017 to December 12, 2017, a warning along with several citations were Issued to the property owner and business for unpermitted signage. The signage was removed by January 26, 2018 and no further citations regarding signage were Issued against the property. 4. On September I8, 2017, sworn law enforiementpersomel conducted an undercover purchase of cannabis from a business identifying itself as Chula Vista exotica at the Property. 5. On September 19, 2019, Officer Padilla drafted a Notice of Violation, Pending Assessment of Administrative Civil Penalties & Intent to Record a Notice of Violation of unlawful cmmabis activity against the property (C 17-0643). This was mailed to all Interested parties (Chula Vista Investments LLC located at 2142 Cane Lomas BI Cajon, CA and in Chula Vista Exotica at the Property) by first class mail. No appeal was received (Exhibit 3). 6, 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 stop them. He said his lawyer is working on having the tenants removed. Officer Padilla advised him to shut down the contains business, remove the signage and have his lawyer contact the Deputy City Attamey. Officer Padilla provided Mc Habib with the Deputy City Attorney's phone number. 7. On Deeomber 19, 2017, swore law enforcement personnel conducted an undercover purchase of cannabis from a business identifying itself as Chula Vista Exotics at the Property. 8. On December 20, 2017, Officer Padilla prepared a Civil Penalty Notice and Order against thepropeny. This was mailed out first class and certified mail wall interested parties (Chula Vista investments, LLC, Chula Vista Exotica and to the Loan company of San Diego), No appeal was received (Exhibit 4). 9. On April 3, 2018, sworn law enfomemont personnel conducted am undercover purchase of cannabis from a business identifying Itself as Chula Vista Exotics at the Properly. 10. On June 13, 2018, an inspection of the Property was conducted by a City of Gula Vista the lnvestigatodlnspeetor. The lwestigatodlnspector noted several code violations including the presence ofunpermitted magnetic looking doors, missing signage, and general braiding without permit violations (Exhibit 5). 11. On October 31, 2018, Officer Catacman wrote and mailed out an inspection request by Hear class mail to the Property (Exhibit 6). 12. On November 8, 2018, a check on life revealed the Property wars quitclaimed on September 14, 2018 from Chula Vista Investments, LLC w PGN198Ins. A business entity check showed The Agent for Service of Process as Todd Abhor address of 2137 Olympic Parkway Suite 250 Number 348. That same day Officer Padilla, Officer Bruce and Senior Officer Catacutan visited the Property. Upon entering, Officer Padilla observed a lobby area with interior walls and windows. People behind the window were speakingwithamivingpatrons, There was another door leading into a mom 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 (PGN198 ENC, Chula Vista Investments, LLC and to the Property) by first elms and certified mail (Exhibit's. 14. On December 20, 2018, Offices Padilla and Bruce returned to the Property to post Notice and Order to Vacate on Me entrance door. The Notice and Order to Vacate provided per (10) days to vacam 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 office posting. The building vlolatons remained. Photos were taken, and copies attached as (Exhibit 8). 15, On December 26, 2018, an appeal was received by mail from the Law Offices of Michael E. Cindrieh for the Notice and Order to Vacate dated December 20, 2018. (Exhibit 9) 16. On January 9, 2019, using the Marijuana Business location website, www weedmare cam sniff confirmed that 1161 Third Avenue is still housed a cannabis business known as "Chula Vista Exotics". Copy of sweenshot of Weed maps on 1-9-19. (Exhibit 10) Applicable Codes and Regulation The following we codes and regulations applicable to this case 1. Chula Vista Municipal Code (CVMC) 130 authorizes Me City Manager to establish a procedure for the abatement of a nuisance. 2. Pursuant to CVMC 130020' the `city abatement officer" shall be the city officer for erm rcement of the city ordinances being violated and who initially declines said violation to be a public nuisance. 3. CVMC 1.30.040 states whenever a public nuisance is declared; it maybe abated in accordance with die municipal code. 4. CVMC 15.06.060(E states: "Occupancy Violations. When a building or structure or building service, equipment regulated by this chapter and Me technical codes is being used contrary to me Provisions of this chapter and the technical codes, the Building Official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shell discontinue the use within the time prescribed by the Building Official alter receipt of such notice to make the structure or portion dialect comply with the regpiremerrts of this chapter and the technical codes." 5, CVMC 15 .06.060 states: "Cooperation of Other Official and Officers. The Building Official may request, and shall receive, the assistance and cooperation of other officials and employees so far as is reguirvd in the discharge of duties required by this chapter, the technical codes or other pity pediment laws or ordinances. 6. CVMC I S 06 0650) states; "Unsafe buildings, structures or appendages and building service equipment are 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 1518 is the Abatement of Dangemns Buildings Code 7. CVMC 15 06 075 fA) slates: "Unlawful Acts. It shall be unlawful for any person to erect, construct, ahem extend, repair, move, remove, demolish or occupy any building; structure or equipment regulated by this chapter and the technical codes, or cause same to be done, in conflict with or in violation of any of the provisions of this chapter slid the technical codes" S. CVMC I5.06d75f81 states: "Notice of Violation. The Building Official is authorized to earna notice of violation or coder on the person responsible for the creation, concoction, alteration, extension, repair, m slang removal, demolition or occupancy of a building or structure in violation of the provisions of this chapter and the technical codes, or in violation of a permit or certi0cate issued under the previsions of this chapter or the technical codes. Such notice of violation or older shall direct the disconfinuanco of the illegal action or condition and the abatement of the virtue " 9. CVMC l5.W075tD1 states_ "Violation penalties. Any person who violates a provision of this chapter or the technical wiles or fails to comply with any of the requirements thereof or who erects; constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of e permit or certificate issued order the provisions of this chapter and the technical codes, shall be subject to penalties as prescribed by law" 10. CVMC 15.06.115(A Certification of Occupancy states: "Use or Occupancy. Buildings or structures dull not be used or occupied nor shall a change in the existing occupancy classification of building or structure or portion thereof be made until the Building Official hers issued a certificate of 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 marijuana activity in the City of Chula Vista. CVMC 5.66.020 reed:' Commercial marijuana activity is proladame l 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 pant any permit license or other entitlement for the establishment or operation of commercial marijuana activity in the City of Chula Vista." On December 12, 2018, CVMC chapter 5.19 went into effect and created a licensing and regulatory structure for the operation of marijuana businesses in the City. CVMC 5.19.030 pemtits limited commercial cannabis activity within the City by businesses who have obtained both Stale and City licenses authorizing such activity. CVMC 5.19.280(A)(1) states. `9t is unlawful to: (1) Operate, conduct, or dimer Commercial Cannabis Activity in the City without a valid City License authorizing such Activity ... (3) Use any parcel or any portion ofparcel 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 anypmcel orportion at parcel of land in the city without 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 unpermilted consuerr or alterations, is being maintained as a public nuisance, and is otherwise dangerous to human life. The business and Property owners have ignored the 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 mrd Order to Vacate and uphold the Building Official's and Fire Marshal's determination Nat the building at 1161 Third Avenue is improperly occupied, is hassle, and is being maintained as a public nuisance. Exhibits attached: 1. Front street 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 ]. Notice of Violation, pending Assessment of Administrative Civil Penalties S. Notice and Order Dangerous Building 9. Request for Administrative Learing 10. Webpage listing Chula Vista Exotics 11, Tenant Improvement Permit B13-1483 12. Phatas reflecting cooperation changes Exhibit 1 1 r i a 1 Exhibit 2 Chula Vista EKofie24Hou[s-Chula Vi",CA -Reviews-Menu-Photos-Majnana... 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We stile III prwidrng ibe beat for out patieufs Please ioein of fen up fo Wluueut. Cannabis Deals First -Time Patients $5 ORAMS OP TOP SHELF -S8 GRAMS OF PRIVATF Mdse PLIMIT 10 $1213RAMS OF EXQ.USIVE LINilT 10 -FREE PREROLL 25% OFF VAPE CARTIUDOES, WAX, EDIPLES, CBD Weed Pies Weed Videos About Us e rl" Wwduapsnou is as most mllsb!e onlloepeeress t0 End caouabls stamftou4, doctors and deals. FaceMoki In>�su Tw[uon • LiL�pn Qol��IeiGr NAVIGATION • BRANDS • DISPENSARIES • DELIVERIES DOCTORS STRNNS • LABTISTEDBLI ADD A DISPENSARY • ADD A DEL VERY • ADD A DOCTOR CONNTACfUS https://weedl pscoMdisperseries/chda-visiaaxotc MIfpImI Exhibit 3 \V1/ tmffi CODE ENFORCEMENT DIVISION llEVELOPMTINT SERVICES DEPARTMENT CITY OF 276FOURIHAVENOE, Me 200, CHDIA VISTA, CA 91910 CHUTAV(STA PHONENO.0 (619)691-5280 PAXNO. (619)585-5681 NOTICE OF VIOLATION, PENDING ASSESSMENT OF ADMINISTRATIVE CIVIL PENALTIES & INTENT TO RECORD A NOTICE OF VIOLATION Notice Data: So 19,2019 I Violation Data Sep 14,2017 Case Number: C17-0643 Violation Address: 1161 3rd Avenue APN: 629-191-02-00 Chula Vista, CA91911 Reeponsiblepartus: Chula Vista lnvestenents,LLC ACalifeada Limited Liability Company Chu12142 Cantu Lomas El Cajon, CA 92019 3622 TSa TSp You aro hereby notified of the following violations) of Municipal Code Section(s): Commercial marijuana activity prohibited. (5.66.020 CVMC) Description of Violation: Operation of a commercial marijuana dispensary at the propertv. Comments/Corrective Actiosal Abate commercial mariivana activity at the property. This is the fast offense within one year on the same property. The above violation(s) must be connected by October 3 2017. The city will combine a reinspection after that date. If the violation(s) has (have) not been corrected by date shown above the following actions may cruor. Acre ant of Adm imstrative Civil Penalties Admiuisttative Civil Penalties may be assessed at a rete of up to $2,500 per day, per violation; for any related cies of violations. Penalties may be assessed for each individual code section violated moll may accrue daily unfit the violation is corrected as authorized by CWC 1.41.110. The aeomal date for Civil Penalties subject to this notice and order is September 19.2017. Failureto comply may result in the assessrrort ofLabor penalties. Page 1 of 3 To avoid Assessment of Civfl Penalties, you must malartill corrections on or before October 3 2012If overcome include plan submitted, you will not be charged for the days the plans are Inplan check, but you will be charged for all other days the property remains in violation. NO EPPECT ON OTHER ENFORCENIENT ACTIONS The Notice of Pending Assessment of Administrative Civil Penalties represent a separate and dismrct wforcemem action against the property. It is in addition to any provita e enforcement or cast reoeveny action. This Notice of PeMtng Assessment of Administrative Civil Penalties does not negate or replace any previous Ga or focally assessed against the property, nor does it extend or modify any previous compliance deadline. Notice of Violation Recordation This notice will be recorded against your property's title m the records of San Diego County and will act be removed until Ike violations) listed above hard (haA) been compared and all fees, free, penalties and cost have been paid as authorized by CVMC 1.41.040. As the property ownerdender/6ev holder of the above-described property, you have we right to object to the cording of the Notice of Violation. Your objecdoa must be in writing, be accompanied by a $400 deposit hearing fee, and be received by the Code ED Concerned Division at 296 poonh Avenue, MS 200, Chula Vista CA 91910 by October 3.2017. Please state m your attached Request for Hearing form fee factual evidence you feel will demonstrate why a violation of the Chula Vista Muwcipal Code has not been committed as outlined above and, therefore, the recordation should not be completed. Year objection will afford you the right to a hearing, at which time you may present your evidence to an impartial hearing examiner. You will be notified ofthe date, time and locationofthe hearing. Iftlre Hearing Examiner miss that the Notice of Violation shall not be recorded, a surname letter and copy of the proud will be mailed to the property ownerliender/lienholdw. A refund ofthedeposit will also be mailed to thepary who paid the deposit. If the hearing examiner determines the property is, in fact, in violation, or if the owner I nomer/lien holder of the property described above fails to inform this department of his/her Objection to recording the Notice of Violation within the abovedesr bed time, the Development Services Department will record allotice of ViOLdon with the cawty recorder This Notice ofViolatiom when recorded, shop be consecrative notice of the violation) to all sueoessors- n Interest in such property. Note: If the appeal u denied, the owner/lendw/lien holder will be responsible for Hill cost of fee heating, mounting preparation and staff time. This may require additional movies to N paid to the city. Once the Notice of Violation has been returned, no building permit or other development permit shall be issued to famper develop said property us ess/until there has been full compliance with the Chula Vista Municipal Code and any other applicable codes. The Notice of Violation will remain recorded against the property until the payment of all fees, penalties and costs. The city may still use further enforcement action to bring the Property into compliance after the Notice of Violation has been recorded. you RM be responsible for payment of $200 N the City of Chula Vista to have the recordation removed. Im addition, the owner/letrder/Een holder will be responsible for any and all additional staff time and direct and thdnect costs of enforcement, remediation and /or abatement of the violations) per CVMC Page 2 of 3 1.41.140. If the costs are not paid, the city may seek payment by placing alien against the property or by assessing the costs he the same manner us municipal taxes. To schedule a compliance inspection appointment, or ifyon have questions regarding this notice, please commat Code FnPorcement Officer Daniel Peddla at (619) 407-3553. Daniel Padilla D avaA `R e.AL (]ode Pmforcement Officer Atteohmeat(s): Request for Hearing Form Eufomemeut Remedies Chula Vista Municipal Code Chapter 15.66.020 cc. The loan Company of San Diego Chula Vista Exotics Page 3 of 3 eWVi tft CHUTAVISTA Development Services Department Code Enjareem¢rrt Difiisdon REQUEST FOR ArtmiNismampsE H (q ) You may, request a hearing to wntesttheproposed corrective dogror on me property shown hope (CVMC 1.40.020). Please fill out the WYormation reordered below and deliverthis form tothe Department ofDdvelopment Services, City of Chula Vigo, 276 Fourth Ave., AlS•R100, Chula Vista, CA 91910 before 3:45 pm on or before this date: 0-3-1]. "You must pay a deposit Manor of 400 at the time youreque, a hearing. AppellantletOrember (PPOPel y Owner or Responsible Party): Print Name SignaNre Date Daytime phone:("_ Case Number C17-0643 APN: 619 -1]I -02-o0 Violation Address: 11613M Avenue Chula Vid, rq 91911 CoremoeAreion(s) order appeal: Notice of Jecour to Record Cil Permahles Code reu(orcamot Ofticer'. D P difia Phone Number: (619)407 3553 Redn'(s) for Hearing: Please be specific. You may attach Registered numbered pages. Failure to request a hard ng by the date indiosted shall waive your dadt to report and central me limed action. This form is prm tied for Yom convenience to files an appeal. "]f your appeal is upheld yew deposit will be round ad, If your appeal is delved your deposit wall be credited barred the amount owed to the city. Additional torts may be assessed for heart, prepmsstun, notification sad appealuesce should your appeal be denied. Fatima to pay debt to the city may remitinfire placement ofd fin on ties property. Camp/ianre with Aronson' Oiedidi [bct s q e co' 'r am w m mama°a wa d ,,Mk bin wsaastsm AM Control 11 - n° eo�'r°iea�a io%�° teen, 1".ea1a ro,...U' I'd am eanime,°;,o,at, 1�a�ree.arvas de am ne: `woe mnim. cme ° ou"S"1111M Itl 1 276 FOURTH PANUE MS B-100 • CH Ceends . merl FORNIP 9191 Exhibit 4 4W/ e:. CIVIL ?ENALTY NOTICl. AND ORDER CM: RIGHTS TO APPEAL You have the right as appeal the CMM. rally Notice and Order within lq calendar says from the orto Of the Civil Penalty third and Smash (30 lateraldays if you are not s California hasitlenp. An appeal must be Made iawritng to: Code Enforcement Division Development Services Department ATTN: Request b Appeal City of Chula Vsta 276 Fourth Avenue Chula Vista, CA 91910 io appeal, YOU MUST ALSO SUEMITA DEPOSIT In the form of a personal bM1eck, casMers cM1eGc or mane Darin an amountequal to the full amount of fin epenalty, unless he penalty b In excessof $1,000, in which case only$f,0g6 must he aubmMad Once the City has 'so elvon me Re Y Only made s I heacauring will follow Me pmcadures sake in Sactlon 1q0 CSO[INme Chu VseCUNcipall Cotle will be scheduled. The Fall ure of any person to properly file s written appeal antl ad firl the requiretl tleposit within the abovectatetl 1q wlentlar any (30 coI Per days for Out-of®qts resldoods) nalI constitute a we or COnhct {h9Gr's CotlCivile Ell melnt OlwelOOoorrmoret infovoatl n W((619)89a1152BOwaiver Of ffa deposit Your rlgM1t to appeal the rY posh will bewaived. alty NOW TO PAV PENALTY cheam0unt of the penalty Is Indiwtetl on the front of this Civil Penalty Narm antl Omer. Paymentcen be made h via shed;, money Omer Prove are check matle dayablets Cry of CM1ula Vsta. PaymenFmey be made in Nslz Public Services Bulltling. Payment may also be matle by mai an tl atltlressed to the following: by personal person at the Chula Cir of Chula VOM 276 Fourth Avenue Chula Vista, CA 91910 Arm Code Eprorwment Olvi510n, Civil Penalty IhopiPlease fondness Pmalty is not paid or contested within 14 calendar days, assessment will be deemed final and due as an asses .1a Mind to coned me voatlpqss nohehapre It barecopermalessing of you pent Payment of Flesmente penalty sM1all note muse panallles orluMer enforcement action by me Clty. CONSEQUENCES OF FAILURE TO PAY THE PENALTY his Payment saV enNis Civil Penally Notce antl Omer Is not receivetl within q tlays, the Ci suc�ttabtasagRPOnony lienur as edy,asauthorizedby California Government Code. the Ci5g98rankedh remaluder of onareOw The. Cl has lM1a authority to collect all costs ease datea in h h aril lien N o At ore fling f CONSEQUENCES OF FAILURE TO CORRECT VIOLATIONS If you fall he Orly m ma viplatona listed on this Civil Penalty NOM and Omer, Cled pen it May continue to amrue In etltlltpp, the Ciry may initiateion enfurcementacton including, but not IimAI to, abatementcriminal Itligatiop recoming the violators Wim me County Reconter and Midi of certain State we benefits for substantlam lease talpropertye owned options empowertbe City to demolish structures or make necessary prosecution evil d at aryense, and to inwmerafe violatam. Anyofiness Options shutters available to the Ciry may be usd (oompl erooiroo( Teves. ma VO EFFECT ON OTHER ENFORCEMENT ACTIONS his Civil Penalty Notice and Omer represents a separate and distinct enforcement apion against you. It Is in addition to ny previous enforcement ar cost recovery stil, nor . ThIs CAM' Penal Noflce and Omer ing not naga(e or replace any Anus tea or penalty amassed against you, nortloea it eand or modify any previouscompliance maps, Yen Ida neer farmer clarification about payment of me penalty, about the vi0labons and/or how to coin Ire Enforcement Divisionio abs tPay391�60. comply please call me \tom. arvo£ Development Services Department artment P p Code Enforcement Division RECUEST FOR ADMINISTRATIbils H (sap ) You may, request ahearmg to comest[heproposed cotreefive action as the pmporty shoxm below (CVMCIA0.020), Please fill uut the information rcgnested below and deliver&is form to the Departmeat afDevelopment Services, City of ChNa V", 2761Tourth Ave., MSD10o, Cllula Vlsta, CA 91910 baibre3:45 pm on or berme tbis dam: Jbr ary 3 2018 *Your must pay a deposit ammmt of 1.000.00 at the time you request a hearing. Appellant fnformatio r (&operty Owoar or Bespon slble party). FriaName Signature Date Mailing Address'. Case Number'. _ Ah Viola io¢Address: Carredusu Action(s) order appeal: Code Evfmuemeat Cfficec_ PhoneN�ber: 619 lieasun(s) for Heari¢g: Please be specific You may attach additional vumbaedpages. Failure to regnesta hearing by the date indicated shall waive your right to appeal nod ccnasdthe listed aotlo¢. This firm 18 provided for your ouvvetdwcb to Me an appeal. *I£your appeal is upheld your deposit cell be reflmded. H you[ appeal is darned your deposit will be credited toward the amount owed to the city. Additional cons may be assessed for bearing preparation, notification and appemame should your appeal be denied. Failure to pay a debt to the city may result in the placement of a lien on did opetty. Camel/lance WMAmerIcans with Dlsabl@I¢ Act of earac race, 11 Te Umahapan baccev attend, anJ/vpaNelypin a pry mrebab N, c4ns wad DEBbYtIes Al ^AUA),a fS,ch a�FMOabas alm4 dbr `srU hall In aMance b, "'ao,gr and fire hays In aSyn F hrtenenlOfl¢SOMaIIsm[(619) 5280. cs ah"edhah and apales, Pane mndtt a mhe 95FOURMAV NUFMS9¢00e CHOI MS A -C LIFORNIA91910 Exhibit 5 ❑NOVIuunONs 0UrdERM5EdL, COOED COMPLIANCE REQUIRED FIRE SAFETY INSPECTION REPORT avn ,I L FIRE PREVENTION DIVISION 276 `d,EUAwllPRdldRes B 143 - ChulavrD u.9,o 6111691 5029 • izx(619;695204 M1leiv¢6 I6 yE r nllon Xu9nasu®nse. nundmg Pent No:�lA _ESP pem,n NO: J CE,mA Bm ne5rvanoy E)DII I'YA, mslwNvn Dale Je llal/4 w LIC,/Puhnaa AJJrc,,. uLl at ,- AEC, SuIR oePnvom Orv,reNprrpery ManagrmenVCm,l D EVC Mone: nspxuPm type: FIC. �I Hn ❑NOVIuunONs 0UrdERM5EdL, COOED COMPLIANCE REQUIRED INITIAL DATE a m <II ma, e e_JxK�2M^ rlmrs I aid Sgmwmd RwL. nt 0o .r ow.w nw uIll P. :a°;"gFp.\A SR.Pt Lo Lk �aI,:�ZDXI ❑Fer ...Pana ❑sprmz .0 a ❑I,n.mPm Ao311,.s 7cxl TMg v)I,E E w� Rd v ,r6tln-JEW ou aA V5 —N N�. SNs_rz A c�•1 m � ur .v"E � r�A u,s 5. L ERUdDEEIdt r .A _ s�— RIMNSPECDON CARS INSPEROB TME SPEED I. by M 10 fwnt 311 VVEnom WmSl Edz11 cc niWrrl 11.1 dean Vo nMet n a nrcmm 301 m beprnzv l ... rn, aloRwseaM ereiuvblmm may .III n lP swiJSG_ ", niap C lecifilnId wtl T p Vn� 6 ols d ns Ln Ry' innbr ng .,tie d Fear. ampl�d A ie Piped 1eetluu .NaaM6m lavn n I'd I Sgmwmd RwL. nt 0o .r ow.w nw uIll P. :a°;"gFp.\A SR.Pt Lo Lk �aI,:�ZDXI ❑Fer ...Pana ❑sprmz .0 a ❑I,n.mPm Exhibit 6 �t11� river: CHULmAVIStA Development Services Department Code Enforcement Division Request For Inspection October 31, 2018 Scutt Froncvek 7345 Alberti Drive Lemon Grove, CA 91945 RE: 1161 Third Avenue, Chula Vista, CA 91911; APN: 619-171-02-00; Case C17 0643 The City of Chola Vista Code Euforoe ntea nivision has attempted to contact you on the following occasions regarding possible code violations at the site address above: • On 05/0112018, allotim of Violation, Pending Assessment ofAderidurrative Civil Potatoes, Interetto Record allotim of Violation and Nofiee and Order to Abate, was seat via retailer and certified mail. To date, Mhave not responded to tire City of Coda Vista's ochres, OR Continue to tefnse access to fire area in question. The city is asking that you volwmrily abovean inspection of interior of the building If you have not contacted Code Enforcement byNovember 8, 2018 to schedule the inspection and the inspection is not held by November 15, 2018, the city will seek an inspection warrant for this inspection, Endure to allow an inspection after warrant has been issued is a misdemeanor violation of dote law. To schedule an inspection, please call (619) 585-5776. (Ztct��U Bleu Catarni an Senior Code Enhancement Officer cc: Etdldid; Official/Code Enforcement Manager D. Padilla, Code lorarcement Officer If Exhibit 7 _\lVj CODE ENFORCEMENT DIVISION CUM DEVELOPMENT SERVICES DEPARTMENT CHULAVISTA 276 FOURTH AVENUE, MS 200, CHULA VISTA, CA 91910 NOTICE OF VIOLATION, PENDINGASSESSMENT OFADMINISTRATIVE CIVIL PENALTIES 1161 3itl Avenue PON 198, INC a Caltfomla Limited Liability Company Chula Vista, CA 91911 Agent for Scnne ofProcess: Todd M. Abbott 2127 Dly n ue Parkway Suits 250, No 348 Chats Vista CA 91915 Cinch Vista Investmmtl, LLC 2142 Canto Lamas are Code Secdon(s): Unoemdtted tenant improvement in Ind' b t f 'ted tm ti f' t ails d ttd utilities. Comments/Corrective Action(s): Remove unoertuttd creme amproyments and utillfies. The above violadou(s) must be corrected by 11/23/2018. The ch"Ill conduct reinspection Otter that jet, D the violation(s) has (have) not been corrected by date shown above the fallowing actions may occur. If box is checked you must obtain a per 't to restoretutes and/or ufffillesinstructions below. A building pamit application and building plans shall be submitted to the Building Division by N/A A plan Check fee is revalued at the time of submittal. An investigation fee nU be charged. This investigation f is an additional amount equal to the permit fee. I the event corrections to plans are required, the attracted plans must be subtmttd to the Building Division critic c 10 days of notification of the requhcd corrections. Page 1 of Upon approval of the plans, you must pay the appropriate fees and obtain the butldmg permit within 5 days of notification All building coustmction work previously performed without a building permit at Lave an .nspection requested within 10 days of obtaining the moral Any required corrections noted by the building inspector must be completed and must have an inspection requested within 10 days of receipt of the correction nonce. If the construction project was completed without a pemdt, thm all inspections, including a frog] inspection, must be obtained within the time frames identified above. If you fail to comply with the schedule identified above, further enforcement action wiD be taken in may result In the assessment of full cost recovery and/or office related lines or penalties as authorized by C AIC Section 1.41.060 which is attached to this notice. These charges will include all personnel casts for time spent conducting investigations, enforcement, and remediation or abatement of the violation as described in CVMC Section 1A1.140 which is attached to this notice. The City will bill the responsible persons) for these seats, and Dthe costs are not paid, the city may seek payment by placing a Den 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) 409-3553 it you have any questions concerning this matter. dessesament of Admi YOU ARC HEREBY NOTffMD that you are subject to Civil Penalties Em mount to CVbIC§ 1.41.110. The property owner and any othm responsible parties as def ned m C VMC § 1.04.010 arelomtlliable for payment of civil penalties. Any assessed penalties maybe recordsdas a prioniq lien againstdu e Property's title 4dministtafive Civil Penalties may be assessed at a rate of rip to $2,500 per day, per violation; for any related series of violations. Penalties may be assessed Por each individual code section violated and may accrue dally will the violation is witeefed as authorized by CVMC 1.41.110. The accrual daze for Civil Pewlties subject to this no6ee and order is 11/912018. Ethnic to comply may result in the assessment of higher penalties. To avoid Assessment of Civil penalties, you must make all corrections on or before 111 018. If corrections include plan submittal, you will not be charged for the days the plans ric to plan check, but you will be charged in' all other days the propertyremaius in violation. CORRECTIVE ACTIONS NEEDED: Remove all unnermitted improvements d milmes Penalty rates are established using the following criteria: duration of fire violation; frequency of occurrence of Its or other violations during the period; seriopsv ss, history and impact of the violation on surrounding properties; geodbad faith effort toward compliance; the actions to binder or Produce with correction and finsncial ability oHheresponsiblcparly to correct theviolafion. Civil Potallies maybe aceruedtetroactive to the date me violations were first discovered, to evidenced by the issuance of Notice of Violation Placement to CVMC §1.41.030. rd) EFFECT ON OTHER ENFORCEMENT ACTIONS Page 2 of This Notice of Pending Assessment of Administrative Civil Penalties represents a separate and distinct enforcement action againet the property. It ism addition to any previous enforcement or cost recovery action Mis Notice of Pending Assessment of Administrative Oul Penalties does not negate or replace any Peer on, fee or penally, assessed against the property, nor does it extend or modify my previous compbance deadline. 4o addition, the ownerAenderAfen holder adE be responsible for any and all additional staff fine and direct and Indirect costs of enforcement remediation and for abatement of the violafian(s) per CVMC 4.41.140. If the costs are not paid, the city may seek payment by placing alien against the property or by assessing the costs in the same manner as municipal taxes. To schedule a compliance inspection appointment, or if you have questions regardiogthis notice, please contact Cade Enforcement Officer Daniel Padrlla at (619) 409-3553. 1a�4 Denial Padilla Cade Enforcement Officer Atlachmevt(s): Enforcement Remedies CVMC 15.06.080 CVMC 15.06 100 cc: Scott Fronceek Page 3 of Exhibit 8 De elo Department CNU �IbTA Pment Services D artm t Code Erzjmremant Dtvis(on Decmbet 20, 2018 PGN 198, Inc., A California Corporatron ToddM Abbott 2127 Olympic Pkwy Ste 250 No 348 Chola Vita, CA 91915 NOTICE AND ORDER DANGEROUS BUILDING 11613'° Avenue, Chula Vista, CA 91911; AM 619-171-02-00 Pursuant to Chula Vista Municipal Cade ("CVMC') chapter 15.06 and based upon evidence that unpermitred construction and/or alterations exist, I have determined the building at 11613id Ave¢m, Chula Vista, CA 91911, APN: 619-191-02-00, to be m unsaid building,asit Is improperly occupied,hesn violation egress,is 5.66.020 fire hazard, is being maintained as a public avi business, violation of CVMC 5.66.020 and CVMC 5.19.030 as en uWawfW marijumabusivess, attars otherwise dangercus to humz¢ life The building at 11613'e Avenue, Chula Vista, CA 91911 most be vacated within ten (10) days. ifyeutailmcomplywiththus NOTICEANDORDERImaycausethebu diogat issue to be vacated, seemed, and maintained against r ag entry ed inuacordmcewinstt applicable opertyalaws; the cost ofsaid abatementmay relevto the property nee. [tha property as a special assessment lien or billed directly [o thepmperty owner. Any person having a record title or legal interest in the building may appeal this nonce and order or any action of the building official to the Board of Appeals and Advisors, provided the appeal is made in writing and filed with the Building Official at the address listed balow prior to the expiration of number of days specified above requiring the building to be vacated. Failure to appeed will constitute a waiver of all right to an administrative hearing and determination of the matter. Sincerely cuE o eq PE, CB O, CASP Rho Official/Code H¢Poxoemeot Manager Development Services Department rw F1'wA Avon LL, Chen a aoI, G suns) i vmo-Nnbo,yaevguv [ (6r9(to (519) Yryeg59 CJB��TA o.relopmem semla: U.vmme C.a, mpmmmr m,..m. NN lug.Im. Aaudmm C.mnrali,m 1 dd m Mh+n !] tllymuc MAY Sl: 350 N, Ne (bine VdW CA91915 NOTICE AND ORDER DANGEROUEBUIMING 1161YA+mm ('Oule VnLLU91911; APN; bIAI]I-0}/O 0umm�l In CM1uly Vi9e Munitipl CMeI'LVM('"I VNRn 15 W W Yml upn e, Mrce111 wRmJnNmCW,tion A CA rM1mlimf mn.I M. 2 W 1�Mw l fdba. I611roA+ew.CAule Vi+u CA9191r�AW;619111 LLgl,mh o+ wn6 T, WIn0.nllbinlpyedY himi,r M nepwrnlvlfin Mmnt 151903 meinWrN eeµbba nuiantiY m+wYlkronf Ll'MC ni aM CVM, 5.190)0 uv mwlrvfW monluneAwrcn M ia.vlmivdrynrw 1n Lum.n IIIc Ib.hodd,191111611^Avmm.(T00\' mut A91411 mmrhuulrJ.,this "110) Jap 11Am No 10mmply Ai01M,N011Cr ANl) N Inu]ry Ile WIIdwPn lahnml W. r,euml,atl ni u+Mp mmawd'insmNwe.06011 ryylk.bk len, rh,,m amid 1b1mm1 mph ln,,1 dud xaad rdivl Oe Ali 0 1 +1eaWu+uam,nl lira m bd,d Jirml! m 0e pupmy. Owe, A,y Rmn lm"mu ert,eN lnlun 1y mJt WlldintlM and W,, army mud, (N,buddmp ntC,,1 m 04w 9J a App,Ya mJ Ala m[e p,,,wN dm a9Rtl 1+m.J, in Andnya i 6w wip r4. Oual M, m1 al Is, Wrtss h9w Moumd, w iH exRmuon a"' duct OF Jaya flmi lW aM+erry ui nM Ne Wilde mN ortuM. iai lum0 uu du A0 welwe a wlw a( a10941 10m admix,Inn.., har;nu and Jntrmmantm 04 urt mm,t Il ffiacn. ri/CRO.CASP CAu PSNrtromAl Mmutln L/oeve�Fparcn6:m R1Mmt R40� 1 ae4K i;,a; Exhibit 9 MEC LAW LAW OFFICES OF= MICHAEL R. CLN )RICFL APC December 26, 2018 Sent via FedF.x OW CityofChula Vient Development Services Departnem 276 Fouts Avenue, MS B-200 Chula Vista, CA 91910 Re: REQUESTEQRADMTNISI TIVEDEAR G(APPEAL); BUDDING ADDRESS: 11613°° AVENUE, CDULA VISTA, CA 91911 Lou EI-Khazen or To Whom It May CmtCam Please be advised that the Law Offices of Michael E. Cindrich, APC, has been retained as legal counsel for Appellmt CHULA VISTA EXOTICS, having le6'el iv[ens[ ofand m the teat ofthe property located at 11613'^ Avenue, Chula Vish, Califorwe 91911, APS: 619-17102-00. This letter will hereby confirm the Appellant's appeal of the Original "Notice eod Order" dated December 20, 2018 (atmched for reference) and Rennet for AthearEtmfive Hoarina. If you have my questions or concerns regarding the above, please coact my office. Also, please he advised that all notices and wmmmdeati0m to my client should be sent to my office. Sincerely, LAW OFFICES OF MFCHAEL E. CINDRICB, APC By: Ernie Chen Associate Attamay Enclosure P(619)262-2500 1 F(619) 63993421225 Broadway, Sole 1900, Sao Olego, CA 92101 www.MlchaelCioanehmm Exhibit 10 } }} IE )\ Exhibit 11 Exhibit 12 r - El IN THE MATTER BEFORE THE BOARD OF APPEALS & 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 matterrcgarding notice and an order to w ad1283 Third Avenue, Chula Vale, California as improperly occupied, an unsafe building mid a public nuisance, in violation of numerous sections of the Chula Vista Municipal Code, an appeals hearing washemd on Januarja M, 2019. The manes was heard by the Board of Appeals se Advisors of the City of Chula Vista at a special meeting open to the public, which was properly and pbdeally noticed as such. Appellant, Nicholas Fehokq did not appear. he following stafimembers were present for their respective City of Chula Vista departments: Lou EI-Kheren, Rosemarie Ria, Brian Catacman, Dan Padilla and Mhris it AgWlem for due Cade Enforcement Division; Justin Gipson for Ne Fire Department; and Megan McClurg and Carol Trujillo, for the City Attorney's Office. Thematterwas mcoNed via an audio recording device. Mr. EI-Khazer reviewed the appeals packet for stuffs investigation, which was attached to the agenda as Item 3. The appeals packet is avallableto Ide public and was provided In advance of the meeting to Appellant and the Board markets. Staff answered boardmembers'questions about the investigation and discussed components of the appeals packet A board member asked whether Appellenthad contacted staff about the appeal homing or to tell staff he would not attend the appeal hearing, and staff responded no. Hadrigheard and considered all available evidence—that is, the appeals packet and staff statements at the hearing -- the Bound unanimously found, based on a preponderance of the evidence, that Appellant's appeal is DENIED and the Notice and Order to Vacate is UPHELD. The Beard based its decision on staff's appeals packet, which is ineorpomted in its entirely with this written decision. The Board upheld the determinations ofthe Building Officlaland the Fire Marshall. Specifically, the Board concluded the building at 1283 Third Avenue in Chula Vista, California has nonentities] construction and alterations, as noted In the appeals packet, which make this structure an unsafe building The Board also concluded, chard on the appeals packet, that the building has inadequate egress, winch makes it a fire hazard. Costly, the Board concluded that the building, during the period noted in the appeals packet, was maintained as an unlawful marijuana business, making It a public nuisance and a danger to human life. Fuller, the Board finds that the appeal fee will be added to the City's costs of abatement/ vacation, which will be billed to Appellant or evied and assessed against the property as a special assessment her. Proposal to CVMC section 1.40.020.H, unless and until a timely request forjudicial review is Filed, enforcement of the final decision may proceed in due course. 1 oft Notice Pursuant to California Code of Civil Procedure Section 1094.6 Notice is hereby provided that Appellant may appeal this decision by filing an appeal in the San Diego Superior Court pursuant to Government Code section 53069.4(b)(1) on or before the 90'^ day after this decision is sewed. This decision is deemed served on the date noted in the atmchd Ce ti brute of Mailing/Proof of Sew ice. W Chair Board of Appeals & Advisors Attaclunents: 1. Appeal packet for Item No. 3, 1283 Third Avenue 2. Ceraficeteof Mailing/Proofof Service 2of2 ATTACHMENTI 1101 ofITEM #3 ApPCzIS and Advisot3 Meeting Date1-23-3019 Subject: Appeal a Notice and HISIA to Vacate, 1293 Thad Avenue, Sctinllttad BY: COU B14b1 u, Building OfhwCode HaffirrearbeltslaFwged dusfm (diplon, btmUldsicn Chief/Fire PoOdun l SUMMARY Tile sinala Vistc 011 1 II. -1 butd000sInsuFd LEEI 83 thirdThe iLpnal business Contains r4plical and OOMSrUCIE OIDEIHSSIS-'"tichinding bill nif lindiced to I sval7s T d Dan WaS d n cunt is Fmp oo , l f unsafe Id Si p h occupied, 6d l I6� I ten Hal fire l arl in hold Maintained as aillan S public audience, and is od aN I b 2018.8 FFha.heed taking t,i action g tfileboand petyo e to Fd bsm s dsf lls p l f l gnnllv Maainpdp IrbOvac,Indthen bribal ildisic Issuildf Iand continue IOperate nddistorted tlocal h(Elt, red 'des tied rpaulhal NoCry based I Aodcuand Oder to Vacate Ich IS appdaled to l6e Biond. RFrI lMMLI Di ON: Thut the Board of Appoints slidAlvitorn dDry [,IQ bussirecs awna.Account a Ler ofehe NOTICE AND OIBDET TO VACATE card uplhld theNot ding Official's and Eire AbErc rs notes th f That tl. I l i g an 1283 Third Avenneroppt{y Esculpled, is unsafr,Sold is being rg@iplmned as a public nuisance as an chrucand cannasts bras as. UIS(pS510N'. ASrucca idb)d Chula Vista N rld C(ah, anyOldall tcnart mp .Ors conducted on itch ldiilg C thety4.i_a 61 cc10 @epem tt allying reasons sanscelIa tun cloueunder Car IV 1506080Per ifs, and CVMC 15,06 1 no: ploactolons. Contra sprovolmur vibe mpecled doderror by CtyBuddlug Iospectoa Gild City Fim O1Hard, Tile pgpef t18sl'hiNA hot under none ltiant'mpmvemenl I adding but not boosted to the cool f interior SculsI doory IhisI and judov,,bardl t been Arsor lied by tile City f(1 1 Visa and cannot be p uulned b th City becaus f the Ilegat IllaPdie facility insists lauctiboas Chula Vince Nlo cupid Code (CVMC)>66020; Commuroial cannabis business prohibited. p hibits any cernarasoc' dill,InsfilloSin the Ch) Furthermore, Chula Vista Molicaleal Cade chapter 5.19, Commemal Cannams,prohibity cornan tial chu rhes basineveu Nur are not Issued City atld stere licenses authorizing the operas➢, of a cannabis business. ''he m(Muce¢nt approved permits mere to "oep off' olihtios iva hed as wall as in a'bmhosers e at Rte prop ly'as 2016cases B1G03IS andB16014.respectively, The only mhar approvid permit was 10 tepldca an Wittier staircase in 1993, Cast B93.014.2, Case14[oory I 01INUVerairl 82018Climes Bruce andPadilla went'asideof the property and viewed tanall 11"Poodnevilit 1 ligb tlet 1micedt hV t Of mennorwhile, lectece, add ways, Upon tonsmirgthebuilding CriteBole as metwith astrong odor hich bored onh nu neand rxp nelcbclieved the d m be that of Carmads. 2 Lingthe Canrmb B 1 an b t 'µ n r Of6w-� tw Gmud fill 1283 Third Avem ehoaxed eCannabis Prosiness leith the busiaw vChula Vida Colfechve". He obrainod a COPY Of the San Diego County Assessor's rea dof1293 and Avenue -y gtle i ceierd, he smsecrYcid there com no pshill for recent count n] Overneress, Officer ffir ricalso checked th Gm fCliche V building 3armit Mends, Vng the records, had obl them ced ran pr n Yet recent4enpm p cot Officer pealso Obtained tiQuit claim diced Othe Product Because H teosnrati]pmu menKnvetedoaew lhatt pcpnit3,Cracej Bias Opened Cade buseement CaseCl 8 0863, Copy of(fooab Assessor's Record (ExMbft 1) Copy of QeLLclaim Deed (Exhlhlt 2) 3 On November 13.:018, Officer DOrQc drafted a Notice of Violation, Pending AossessatentofAd srtntive Cis ilP Ides and Intent to Record a Notice of Violation fm an unpeemltted tenantirelcose d, Officer Beue, mailed Ca document to all interested parties by fnstclose mail (Pmpcdy Center Plana Mdtdonodo located at 2021 Ch dDiaray Terrace and Maroer Financial LLC located at 2351 Via Capri in Sun Diego, CO), Cup) ofNodeeof Violation, Pending Asscssmen4nfAdmiuistrative Civi] Penalties, and Intent to Fear (Exhibit 3) 4. Also on November 13;2018, Officer Bence received notification Cow the Chula Vista Mice Deferral that undercover, officers successfully made purchases of clbis at Wo Chula Vista Collective at 1283 Third Avenue on Nover bor 8, 2x18, Be" Use the Istation n'aa operating,I cannabis 6nainove which isnot perniiced to operate In the Goy fti hVote, Off, -B eopen dC d Eric,- _cmctCav CI8.091 ,Hedroppeda NY of Viol qP digAsses t olAd intionev e Girl Paaludi and Intent istere d R coda. Of Ociplati on foi Lippesill tried C mit l cacrecidis Activity He also dLaftcd apholint andOd to Abate, office, none p.H d. larntoall Unclosed d pal 61 [,let l (1 p ty O er initial blalcaresdal located at 2021 crecoaremlyTetmee, fel iaoangal LLC located at 2151 Via Capd in San Diego, Caa, had Chula Vista Collective). 5 On Novelette, 15 2019011ica Brute goaded�cony f'he N tof Violaton P radig sn st ontOrAc rtat Civil P al[ a dfeel,t R d N rice fVioladon (Cis 0915)to e L] Vista Collectiveb slastand at the Property. 6 Oil November 21 r018 OfiCater Tf Lne JIdjS Code L f t Office Cloonan d rNa maltll gh Fane build g [hM nShap�tq.11omcyrepasetitiagde indicate. OffierE ldtaeiut all dl'e electricdiel k et e all still inplgte. The 'emoved anti, Lane of the tralatcutent offices Bruce their PhOssagraplis during the nOptch .. Copies Of endedmpita(Eo-h [bit 4) 9 On box -ember27,2018 Didion Race ez t to pre F'p ry agalp and Orain pat t g pit ahayy tb the I wa p t adds, Up t thea entities ding, Oftest Ed nice food ad the -ned Of the adayliffics, lockdog ancithanismeugaging. aspirin Board attecp[dtopnthe door, htweec5 wast mumesffel (The to fire look engaging d. 01, No c trader2S, 2018, Oft 'Bract lelpardt Via plegiard to post a Notice and Quy to Vacate (no found dOOl of thb paddles at 1281 Drell Aviado He also Lin Id a cropyat tceby US slid cc, tllds Itothep Pry. der and all (host ymlF rerded Intends in the Prepciy the Notice and Order N Vacate provided On (10) days In at the preinjeces Up:. ai a,tl t sed of, Officer Umne iced the bereIoftire ,t ted tl gnlechan 6 Officer11 « n trd too four,1 ,awns .sfol duc top lo..l,ct a i�p open the -S1} 6 The Done an "'correct date et OdHecr DTUCC retomed tha read day to post the Notice evied correct rhes, Office, Bance obtained photograph, during the yosting. Photographs from 1128-18 (Exhlbi1 5) Copy OfNetire and Order to Vacate (Exhint 6) 9. Oa Novembeg8, 2018 CfliceeBrucealno mailed a Fall Cos[pacroverymrd a Civil Penalty Utica .&order by US and certified mail to did property normal- and: all those each, ecorded interests m the Property. - Copy St. Civil Pallidly aodce of Order and Fail Cost Recovery (Exhibit 7) 10, Qn November 29, 2018, bffcer$mre posted a Notice and order to Vinare onYhe post door of his camb 6-s'ess at 1283 Third Avenue and mailed a copaS ofth theby U3artcc' thed I to tileProbenY tender and all those ith rilco,dod howasen in the Pec arty. The ontre mid Order to Vacate provided tell (10) days to 'acm, ]bepremiss, Officer Brune obbinedphotaigmi dis filing dire posting COP10a ofPhotop'aphs (Exhibit 8) 11 011 cembeiq 2018 Offical prove nacephyd notifleatim, form dor, Chula V t, police Department thatthadjettva,offealssuccessfully made pmehasas o£Cmnablsathe Chirac Vista Collective it 1283 polar Avsame on December 3, 2018 I Oil December62018 Nicholas Felshou (TennallperCommercial deas€al emrnDfiled an appeal of the plorich andOrder toValley mid paid the pp lda, Fehddo split prOvlded a repay of his Tense agraemom widt attract Financial LLC. Copies of Appeal request end Island Agreement (Exhibit 9) 13 01, Jfflably%201J the Catholic, ll alders location bit. I �Vedmftxnacftm Off altdn ce bellardthat 1283'Plitt Asians StllhQns«1 a Cannabis BuUnuss u'dlthe buguress'China Viso Col Jecave% Copies Opscloommiof Ward maps on 1-8-19. (Exhibit 10) AonliceNo Codeswtd Ne td4 ations The foilmving me codes and regulations pplicable to this case' 1. Chula Vista Me '1 C d (CVMCI 1 30 authorizes the City Manager to establish a pi Cold no for pe ebasintla of nuitates, 2. p — the tyilia ]30-M tilocity bxIbe city Officer less enf]It Of ag.Itla Puddle who Initially lssaltl Chandram be 3. CVMC130.0_10 stats whenever a public lonszaoe is dmlared; it may be abated in doeseconc e with the rnnnic5pel code. b. folNeQ 1 06060lFI Status T) . I 5 s 11 s, WI b It nII of Waistline or g S-1vico ecouplindbellLflarediya hP( dthet l al des is focally used wt y t this I f this h pi d Vic technical co i a B l lAg oR awl furry aide dri bv isrinort nothic, served w aitY person mn fi h I - on Il 15 [ thin the unse prescribed by the Hiding Official fill rootlet of still mt se to frInIn it pt alive gr ha rt t tbaKof co�nlly ttiilh the rtgo Dent, oftnia'chephs and the tcbhniad cldcs, 5. CVMC 1660ri states_ yorthisinadmill Ono Nobel Official and Wears. The Building on"C Y trequest, and shall erngl y so Fal d tl anchor tfd t sregmrel and Wop t Ceother oR alsand code.so other City penitent laws or ordinanms_' by fl .haporytile technical 6 CYNIC I5OCU065 D1 states ❑nnsfe buildings s1 [ eS 11 uplandageo and building Cru. <9 p t p. bl ut cep v�d SVll beabaled byiepail, rehabilitative, detalton I it, acansdarainwith tht edn(R'tforlhin Cdnpter15. I$CVMC 11 CVMCIS.18 u WeAbt toliDeng R ld rgsCode. 9. �la_hi5 0607- Al states 'hilassoll An 11 ,hall be utl '-f I f any notation.Imeon m civ Y_ It g t I'non,r equipment ltedbyTh hlt':. Itl f 1dl of 1oh-CP Cry furlong, 't tion cont llty rithe ses Sanne t i done roloGo Prot ical aOdicera and da teelm al be done S !1 06 O75JM , "Notice f intranet, 11 c serve a r _ 7ll(& Oi ' l is or t Mmt 1 tolan inner l l I l f uCreation,Co b' oqIeal [ oloccupancy building It II s fu's pt dtile ael rates,o novof Porrot01 1 Ic'eat sshis JoILMISPOnS fit file about, or the tah uual Codes. Such notice nf of t' r orde I n duct the docon,juo to of the hat I action or condition and tha abntemndl ufthe violalouP 9-CVM(15060"lrpl lu Violatiougen.➢ Ants Person who violates, pmvsm of this 1 1p[ r Orthe technical cod or 1,215 tompl} tIbf 11 notestorsionallyClubsy N t branch V.ho 01 reports q building I tre In violated, of the tpp oved ionnro d o Word t andhild gOlt !-r'la Paberbor esubetr pPet nes unison 9 provisions Of YL s chapa, unit the kahmcel modes, troll be stb)e r to penalties as prescribed by law. 10 CONIC 15.06 11 115A)Car rf C fOccupancytrial "Nor or occupancy_Iimldinga fir spit alll(lot lie Used so,ot y d nor stint a chorpc'in tie isorge arp. ix osdrorpon ttuslcOfa lOf ocaapa Wy. p t banner bea oed tldr Building Clinical ltas Il. C l fCv I C d Session 3491 truthoriwas aabliterricanasmWy: paiust a public mdsaaaa. nui e Striation 3494 of theCivil Code ant zea dCp public body or of6 to abar public 12. Oil AI y 16 201E Tht, City of CI ols City Control nnended and adopted chapter CVMC 5.66 ColuatTrith Crunch's Activity, ebich plohnits coninspold scars rol in the City asitChillaVotar CVMC $ 66020 loops. "Commurnall'cannabis tactilityisprohibited it,, piry of Chula Vista. slid our Perato Or associationf Persons, however loomed, 'shall saperatq Issepaln pari 'pre in 01 pose a Coul cannobtsactivity ill Uc City. the City shall not panty l ve 01 giant ally Pecruid.''ce rh" couldruent lost thc sLablicituctrut or' operation sournioncid carruchis[to in in City fCJIVista Oil seproch 16 Me C'ry Coort] adopted CVblC 519 ofilch accost I 1 Lens se and misurosif,dularlin fm the Opposition of Cannabis b the C -0y CVMC 5.19.30 prohibits ort meat I mmabi6 busiless or waisity, codusetire City unless OiQ bushoesoodivitY has a valid Stat and Cory tol ri,inew licilues arthloritsing such 6 1 or activity, The NrOse5 at 1283 -third Avenue e are op Fr011scd us centrally promote by the City nor state.. Atuthrypins/F11obloo ExhibRz Copy of Carl Assessors Aacdrd poll 2. Cmpy ofQaitealm peed Exhibit 3. Cape of Notice thyVashol0in dared 11-1&18 Cuhibit 4_ phonographs frog lospeoliou 031 11-21-18 forlorn 5, Photographs firm l 1-29-18 Exhibit 6. Copy chlorine and OrsertoVacate dated 112818 Exhlblt 7 Copy ofCINI bell Notice & Color and Pull Cost Recovery dated.] 1-2g ]8 Exhibit 8. Pholpgmphi 11-29-18 Exhibit 9. Copy of Appeal Request and Lease Agrectnent Exhibit 10, COpies of scaseeshst of Wend idaps mi l-8-19 CONCI.IISION The Property is murently uved as an Illegal h caress which contains unpermincol Construction alterations, an nnpmniind storage of asq maintained as a,public aaxance,. and is oehuwis, thadi to hunarm, I fie The largundos slid poV tYtownsts have ignotcd the legal not ces issued to them 1115 asculanitildcl that the Brad cifApEsshs andMess dedyth property ten9nff appeal cfA NOTICE AND CRDT,'R 10 bACATB and uphold rM1 Building ([acct is and I he Ma shal s dew'minaficn tpatthe building at I28j Third Avenue Is impropuly mnvpied, is unscls, and is bcipg maintained as apubpe n,usancaas an unlawful cannabis business. Exhibit t ^I If� < /\\ \«: w . . .a.». I I>l i, ICI 1sa I HN �R] I X11 �PI 'II 1 jL 1 i }`i} Ii }} T 7 Mg ffIT 1 I1;t �r11r�Gi�ri �i �� G+I1�fiF LLI M,ff tIt, j 1 p I x 11 ; Oiy am J 1 Es ibit2 — I�IV➢BS 2oisilillI oa R£NINIXGRWH F➢BY'. Il DOCK 15 I� { EQUIDYT11E.94V DIEGO uIAmIIiollmuiu�omam�oiiloi NN Wx¢sueMoeova &v aLva.mmro 2015 03:60 AM it Glili�90+N1J( T=a an ]y_ _ OFFICIA -- IT APA- v'' N'atA9%B Anx: manuwa THE UNDER9IGNFD GPANIORIs) DEC ARE(S) DGCUMENIuRY TWSFERTAX IS S EDGED CRY TRNISFER TAX IS $0,00 [ X] cunple! on Ml ufae N Pmpwty conveyed. w [ 7 wmpufalonwl reluelme llencarancumdsnms remelwget ume mase. �[ ] awm�peatmm� [XjCS,cromcnauranaND FOR A VALU49LECONSWERATICW, receiplNwM1kM1 is M1ereby adavnieyTaa, Lew Peopedy Holdings, LLC, a CelHomla $ImI LlebII Company InI GRAM(5)tc Elena Maldonado, aDingle voman ana9L4R5ER FINANCIAL LLC A CALIFORNIA LIMITED MetdlvuiigaaMaea��pmgnylntM CwMym Ban Dbgo,Shtem Gallfcm®: LIABIGiTY CCPIPANY each Ed to an undivided sas see EinAtl'A'eHacneaM1 loena maao epXMreNtmoomple�e lyal eaeamticn. int ezeae e9 cewnca ..,.-.,�., ,.____ _._ ........, in common. Wood'. OBRmh11,3014 LewPmP {RmdLLc Y EI MNLTAXSTAIFMEH15T0: Elena MIDI Pb�Me.:8E4111N Guw' Xa:YY� IMMAm,%ChlbY CA%911 VIN: hm Wl1,2044 w:P • N Y o- ax., m., p. Yq IetlH ZjwZ :Y"MM une'mm Maq w. v.:nwmo �� AMNInwS. s AMOFcuvyww�, miE 15 ]JI e.aem /NILTN K N::Ynnme.w�:®IMmreuea �P��eNaEba�NellWNagla3eTeeWJgabarngln Wim: G erNv.NnM WOIw/yteEaArvlze]®W�:NIeMNrelbyA&T¢�yf meM eM i gawaWS.mga aMbuPm YanaxIN.nNngemm�yyaeo-e, ex.mmu:a�gm,enf. 1 wMyunLe�PENPLtt OE PEPJVRY�Matgelanx elge$bp INCallbMegafgegnNR pyapmpryY WeanG wrteet WRNESGm NM sUeaereallomn - Ib l9 ComMWm Bantlpc. 6PDaaan 6ef%' � Z`I �/ Emnm tAfl15 ORDERNO SOI451T48 IXNIBIT "A" LOT 141N QUARTER SECTION 14 OF CHULA VISTA ASCBONIGbN OF RANCHO OE LA NACION. IN THEMURIYOF SAN DIEGO. STATE OF CALIFORNIA ACCORDING TO MPPTHEREOF N0.50.5. FREOINTHE OFFICE OF THE COUNIYRECORDER OF SAD COUNT$ MARCHIZ 1080. ALSO E%CEPIMG THAT PORTION DESCRIBED AS FOLLOWS BE OARING AT WE SOUTH EASTERLY CORNER OF THE SOUTHERLY 156.05 FEET OF THE WESTERLY WCOD FEET OF SAID LOT THENCE ALONG THE EASTERLY AND NORTHERLY LINES THEREOF. NORTH IS° 18' W MST. 1 E6.00 FEET AND SOUTH 7I°4'05° WEST, 330.00 FEET TO THE INTERSECTION WITH THE WROTE RLY LINE OF SAD LOT 14. THENCE NOUN i V 10' 53"MST ALONG SN D WESTERLY LIRE RAO FEET; THENCE NORTH 71' AT V3'EAST PARALLEL NTH THE SOLDIERLY LINE OF SAID LOT 14 A OI STANG E OF VRAO FEET TO AN INTERSECTION MH THE EASTERLY LINE OF THE METE BLY 2 A O E FE EF OF SAID LOT: THENCE NORTH I P I V SIFWEBT, ALONG 89D EASTERLY LI BE 83.00 FEET MOR E OR LESS TO THE INTERS ECRON WITH THE NORTHERLY LINE OF AND LOT 14, THENC E NORTH TI° 4T IV EAST. ALONG SAID NORTHERLY LI NE 4000 PELT, MORE OR LESS, TO THE NORTHEASTERLY CO INNER O F SAID LOT IA THENCE SO MIN IB'18'41"EAST ALONG THE EASTERLY LOSE O FSHD LOT IA A DISTANCE OF MI FEET TO THE SOUTHEASTERLY WINNER THEREOF. THENCE SOUTH TI' 48' 05- MET ALONG THE DONNISHLY LINE OF ON D LOT 14 A DISTANCE OF 290.67 FEET TO THE POINT OF EGA BRING. EBRIPNNG THEREFROM ONEHA.F OF ALL OIL AND MIN REAL RIGHTS THEREIN, AS RESERVED BY BERT M. NES AND WIFE IN DEED RECORD ED DELE GREG 9, 1947H IN BOOK 3373. PAGE 01 OF OFFICIAL RECORDS. 'END OF LEGAL DESCRIPTION`^ Ex baa CODE EUYFORCEMENTDIWSPON DEVELO bane IT SERVICES DEPART.MENI Crt OF STA _ 2ifiFQTJItTH AVEN[I£, M5200rCH[R�.4 VIi'FA,-CAVK}6--- CH OF PtiONnN2- (fi191 fi91 �59�0 PAAN(1 1fi1915R5_SfiR1 NOTICE OF VIOLATION. PENDMGASSESSMENT OFADITIMSTRATIVE CIVIL PENALTIES & INTENT TO RECORD A NOTICE OF VIOLATION Notice Date: 11/13MIS I Violation Dare s� 11/82018 Case Number: C18-0863 Violation Aeldrees: Eespoosible Partes: 128" Third Ave. Elena Maldouedo Gnda Vista Ca 91911 2021 Chardeanay Tex. Chula Vista, Ca 91913 APN:GI_9-2922 00 Denseness Nome: ChulaVvsta Colleotve You are hereby noti5ed of the following violations) of Municipal Code Section(s): See Attachment "A" Description of Violation: - See Attachment "A" Comments/Corrective Action(s): See Attachment" A" 16e above vidaton(s) most be connected by 1127-18. The city ruin conduct a an ihspe h ore after that date If the violetionO bas (hare) not been corrected by date shown above the following acfions may ® If box is doacked, you most obtain a Dreamt to restore structures unclear utilities Der instructi bdm- ANilding permit application and building plans shill be cuhaied to the Building Division by 11-27-18. Allan check fee E required at the time of submittal. An investigation fee winbe charged. Tbis i erestigench ;rein an additional amount equal to mapeinitf . bOe event coawdoas to plans reerequued, the ooaectedplams mustbe submitted to the Buildiag Division n;tin 10 days ofnogereon ofthe required Corrections. Upon appxoval ofFlueplaus, you must pay the appropriate fees and obtain rhe building pernit within 5 days of mllficetion. All bdwicg ccostrnotion work previoudy confirmed vritheur a building Perm: must have an reaction requested viloia 10 days of obtaining the permit. Any required cenecdow noted by rbc bribing ov-p Cbor mutt ba completed and must have an iospeetiontequgsa d sriNvn 10 days of receipt of me correction Page 1 of 4 notice. If the coasdnedon Projart was completed without s permit, tOeodthea ell iaspecdons, incl oa= mustb¢ obtained within thetimefiames ideteti5� above. riding e final ]fyou fall to c raloy with the schedule identified abme, fitxther enforrement action wBl be t999" is the assessment o£full cost recovery and/or other related fines orcticn 1.41.060 which f4 atka¢hed to itis notice. Theserhar es aken whichent wnductiu penalties as authorized byin g mveshgatious, enforcement, and remediation or ba[emeat o£ Personnel costscv,Kc sertion 1.41a4o wwdr;a am¢h¢a m rh;a anti¢e: Tn¢ ci die viomtinn asnr these ¢osis, and if the costs are not paid, tbo eitymay seek a l➢will bID the resty or 6y assessing tise cosh in - PYmeat byplaangalien ag�tnt OLirerlisfed belmv at(619) 691e52901fm�er as musd¢paI tares. Contact tte C; youbave¢ny questions concer�ng tiris matter Code f Ad+.' � ftio� vy YOU ARE "1111111)tbatyou aresnb'ect to Clffi P�alties msventto 0r Pal�eenton,_d agyather responsible pardesudefined in _ eCVkP C§L010CWC§t1.41.110. co rM AH prod"s" e¢ytiarejoiaty liable recorded es a ribrity lien n ainst the Altr mot Oshative Civil Peaatties maybe assessed at a rate of to or $2,400 per day, Por violatio smev of vzo]atrov. Penafies may be assessed for each individual ends section viohled and wtiltiae violadonis cohered as arthoxizedb for any related Y CVMC 1.41.110, rna➢accnre daily uveal date for Civil Pevaides subjectto this aorice and orchis 11/13 _/2019. Paiane to cum I sil emsessaem ofhigherpenald, P Ymay rasilt To avoid Assessment of Civil Penalfica, you most make OR corrections on or before 11/2]/2018. L` ceTadoaa inclmlatbor submiirl, you will not be charged for tae days the plops oreinplan check, but youwill aeshuged foxall otbudaysihepmpeRyrmaaiaa m�iolatioa— __ COBRECTI VE ACTIONS NTEDEB: Sx Attachment=`A" Penalty rates are esden; aeddrg On ' lowing c¢teria duration ofihe violadoa; bro aency of'ccon Pais e other violafioas d p d; seriousness, bust enc. of PmPe�des; good/bsd faith effort toward compliance; tae bleary sod impact of the viotanon on scaounding aanK ability oflle respoasibleparty to comeet e' ACaons to binder or lri dre with corr¢ction; and Nedak Ae1.0,0.ions mere fust discovered, erolah°a CwEre Les may be accrued ren°active to CVMC$1.41.030. as evidenced by tae issuance of a Nodce of V.rolarin, run P cant to "0 EFFECT ON OTHER ENFORCEMENT ACTIONS P' ' 0'oe of P®dine Assessment of Admiuisteetive Civil Penalfies represents a separate and distinct llh Norm action aganst the property. It is in addition to any previmu eafomemm. or cost mcoy [Ois Noti¢e of Pending Assessment ofAdminiser,p, Coil Penalties does not negate °r replace an sor pemlty, assessed a pry action. 8aia`Thz ProPerY, nor does it extend ar modify any previous com addin, nus pliance deadline, Paget of Nafce o{Violation Recordation Of De-aliopo lid Sereihe vdri e of Violation dated 11/13!2018 azemt wsecvd by 12/13/2p18 the Department Crumb. pmureemerices whecorded the VoiceaFVialadon"hdc'ityomroadds Of gin Diego rather ovcdredudL byrecorded aga"*oveim,year perty'se,iourtmecad of gm Diego County and will esen ramovedundso Bart larion(s)listedMC1, 1.(have)beee co¢ec:ed and ad fees, Saes, pemlties end eons Dave bernpvdaz euthoxiredby CVMC 141.040. e3 the pmperty acva/lenda/liv¢ holder of the above-dascribed property, you bave the right to objed to the recording of tiv Notice of Violation Yom objedt m mast be in wrilag, be saeompanied by a $400 deposit hea9ng fee, and be received by the Code Enforcement Division at 276 Pornur Avenue MS 200, Chrda Vieta, G 91910 by IM72018. please sate in your drooled Request for Hearing form the factual evidence you £eel ns demo sbsre why arm'sgon of the Chula Virta Mao den Code has not been committed as around above duvvehoxe, the re meadoa shouldnot be completed. Yum objection will afford you the right to ahasorkm. at which date you may present your evidence W an imparliai hoe^�exeminzr. You will benonfed once date droe andloca en ofthehaaing. afro Heazing Examinexxulesthat SreNotiru of Violadon shall nM be recorded, a cleeravce letter and copy of berding will hour,;P.t to the property Owner/lender/Senholda. Arenmdofthe deposhwill also bemal, at. the parry who ped the deposit, detemnresthe this eis,intact, hiAcaion,orftheoxmer/l few NEen holder oFtha property describedabove{ailsto infoffi this departmert oflils2ex objtttionto xecoNing the Notice of Violation with This the Development Services Dcpartmeat williecoxd allotice of Vialafon with the cow �recmder. This Notice ofViolatog �enreco.ded, aball be conshucevsmopceof-tlse- violalion{s) to allsaawssors-a-intexestia such property. NT : Tf the appeal h denied, the ow--ner2ender/lien Colder will by xespovible fox fill cost of the bearing, iodrrding prepmaSon andstafftime. Ibis mayreguxe additiomineudes to be paidto the city. to the NoticeofViolpronhas bee¢xecoxd r re hail beer BE, corotherdeendsthe¢Chula shallbeissued m mashes develop said property dcs. The N theca has baa¢ fol compliance with the Chula Visa Mrmicpal rn1e and any other applicable cafes. The s. Ice of Violation will remain mooned against the pro add�ybrie amp dr payment of all fens, adeu th and carr. The city may, still use furths enforcem®t action m bring, the property into comptiveoe after Nye NoSne of Violationbasbeen xwoxded. YoowBl be responsible forpaymeur of 5200 to the City of Chula Vistam have the recorelarms r®oved. E addifion, the awner/lender/Een holder will be responsible for any and all addhimm, surly time and dart and indirect costs of enforcement remediation and /or abatement of the viola mm(s) per CV ,C A 140. If the carts are notpaid, the city may seek payment by placing a pan against the property or by timing the costsm the same manner as muo dlod taste. Rsohed¢la a compliance inspection appointor®t orifyonhave grnrotions rehonrmg this police, please contact Code Snforoement0fficer Michael Brace at(619) 409-3813. Page 3 d4 DlicLael Bance Ude Enforce tOfficer A�t(s): Re ue for Heviag Fm E�tx mmtRe a&m Chula Vi Municipal Code Chs tea 15.06.080 ChNa VidaMeNcipal Code Cha 15.06.100 :c 2351 CAPE C VVLA C£i AP LLC ACT L LA JOLLA,TCA 92037 Pave 4 0; 4 AbachmeatA TO NOTICE OF VIOLATION BUILDLVGAgT UTAMRMIT I1-13-18 Re: 1283Thzl Ave, Chula Vista CA91911(A , : 619-222-20-00) Case9: CIS-0863 Description of con mction, location, and violation: I. Ilnpe�ved tenmt improv ,,including at vm limiter to, addirion ofinterior walls, uNides, end elecsic magnetic locka inMed m doors. Buuldingwithoutpe t C C15.06.080 Reu Snapecdcns CV C15.06.100 Comm mb/Ca rredive Action: 1. 8uhmitplays, obtainp¢mi s¢dxeTiuedivspec¢ous mold ma pt a, legilize the cons Toninits cvsent sate ORmrnoveiwp=ined addition l lals, ulilitiey, m eleehlc IDagnetic lodLS end restore the sit t0 it preVously pms dcmldaom Corncdce actions mvs be completed by l L2 i-18-. If req-nircd, submit plan cosecGons nitkdn l0 days ofmti5cdliam Upon issuamz of say eudsl7 per�t;,have inspecrions eanductedevery to days, including the 5aal inryection and pgovel. \inP! CHUTA VISTA Development Services Depot memt Code EnforcententDlais{nn REQUEST FOR ADMINISTRATIVE I{Eg XG AppEAL You mayrequeRa hearingre coumatibe proposed conecttveacdou on enclonpeny shown below (CV C1.40.020). Please SII cut the nformelion requested below ead delivermis formto the Department efDevelopment Services, City of Chula Vista, 2761sounh Ave., M .n2o0, Chuln Vista, CA 91910 before3:4i pm on orbeforethu date: 1127_18 •YoumustpayadepoatAmnuntof 00attlutinreycureques[aheaimg, APpenl trrrfmmctten(Roperty()vmerm Respomible Party): print Name T'ic Data Daytiutephone: C_) Case Number: M-0-086, APN: 619-222-20-00 Violation Address: 1283 Third Ava CorrecriveAcdon(s)wdm appeal; Notice o£In R - —__. CadeEboroement cer: hd Brice ---Pb oneNumber: L191L09- 38 i.—._.___-_ Reason(s) f rjfpadng: Please be specific. You may attach additional aumberedpsges. Fail lure to refuest a hearing by the date indicated shell waive your right to appeal and contest thelisted action. ]ti form is provides fmyomcoweweaceto file mappeil. "HYOUT appeal is upheld your deposit wi➢ be refimded. Ifyom appeal is denied your deposit won be Credited toward the amomt owed 0 the Chy. Addition cosh may be Assessed for booing preparatloq noti5catiw Dud Appearance sb'U your appeal be denims. Faffure to pay a debt w the olty may result in the pla®mot of alien on flue property. Cn ce compliaots Americans with Qisabllities A& bor only, neec eon m �_:' )I unwan� won me an=ee --abrlrEa a (ADA), Ions InaMpnaa one .acwre aPer/ar a anyerpaMtipaC lna cwmemny man'tr, orsam,st, qustsugaaammopzilvr e'A, -ar9nr Home mamrend Et(6! "ane m.a ear=m aavana ror aaraamae aan-las a,w amm/a,. e/assan a Dena rnea Fnh¢enenrOMa SpMapY. ai(6r9)69I-4Bo. 276 FOORTNAp NUE M$ &200 • CHUI IAGTA • CALIFORNIA01910 EAibit 4 EAibit 5 M -.. i� 3 :� Ex bit CHIRVMDevel�me¢t5¢ices De a,at Code Erb reraatI3iMston November28,2018 Elena Malchmade .Mercer Fivandaluc 2021 Cbaxdonnay Ter. 2351 Via Capri Chula Vista, Ca 91913 la Jolla, CA 92037 NOTICE AND ORDER TO VACATE 1283 Third Ave, Chula Vista, CA 91911; Ada: 619-222-20-00 Presuan; to Cbwa Vista Municipal Code (— CVMC") chaPter 15.06 and ibm the building has unpemmed wnsdvcdoNalterations, I have determined me Ave, Chula Vista, CA 91911, APN: 619-222-20-00, to be an un eda Edi 1283 Third imdequak egress, is apotentitial fue dmg,azrthas viin olation ofCVMC 5.66.b20 as anwlawfvl mb�)uxoa ass, eudis otheavbbliG �� dangexcus bhw(anlife. The buldiug at 1283 Third Ave; Chula Vista, CA 91911 mustbe vatenedwithin ten (10) ays . youfailto cemplywiththis NDTTCE AND ORDER TO VACATE, I may cause tdhe lfbuildmg at issue to be vacated, soured, and maintained agamet mityin accordance with all applicable laws; the Cost of said abatement may be levied and enessad age., the prapmtyev aspedal assessment lien or billed diready to me property owner. Arany Person having a mace db le m legal imexest in the building may appeal this notice and coder or any action of the building .odiiciel to the Board of Appeals and Advisors, provided the ppeal is made in writing and Sled with the Building 0ffiuial at the address listed below prior m the expiration ofm�ber of days specified above requiring the building to bevacated. Failmeto meal will constinna a waiver of all right to an admmiginaive hearing and dome nation of m, matter. Sincerely, eq PE, CBO, CASA B Omcial/Code Enforcement Maneg¢ eve]opme¢t 3erviees Department 3f6 Fpw�}. Avmaa O+Wa Wp, CR 9rila ( q,.F��nvie�en.eoe I I61T491Stlt � tv (5]9i Y9.ifi59 �l(1j CHULANSTA Development Services Department Code Enforcement Division ]REQUEST FORAGMINISTRAT VE HEAR NG (APPW You may req iaheadvg to eo0re6tthe proposed wrre five nation®thzpeoperly shmta below (CV C1.40020). Plesse50 out rite-ffimmetiou requested below ®d deliverthisfoxm to 4ba Department of Development Services, City of Chula Vista, 276 FourtL Ave., MS•1200, Chula Vista, CA919106ecese3:45prumor&f thisdate: 1213-18. You autopsy a deposit ammmt of POO at the time you requeeta hembae. Appellaut bresumon (Property, Umber or Responsible Parry): Print Name swamre Itep Daytime Phone: (� Case Number: Cl"863 APN: 619-222-20-00 Violation Address: 128311drd Ave Corrective Action(s)wder appeal: Notice &order to Vaca e Code Enff>reebum(pios MBxuce Phone Number: (619) 409 3813 Reeson(sJfmHearivg: Plessebe specfic. You may attach meldonalaumhemdpmas. FailureThis fere ahsriug bytbe dare move tenee to naive yow rightto appxat avdcmtertthx Gstztl amaon. zllla formieproviaxarory„momryeaieneem fly anappeal. *IF yew appeal u upheld your depositwiE be rafwded. If your appeal u denied yow deposit will be credited towanl do amount read b) the city. Addition) cots may be s ossse f for hearing prompoltioq notification and appeuauw should your appeal be denied. Failure to pay edsbt0 the city may resulthe the placement of alien on des property. Compliance wahAmadsane w6h Oisabilf7Hm Aci e Cob o/ CnO, fiea I pVphVI vP fite AmaOmna w Art (ADA), ea _ znNo�AaMlxte lna Grym MR/, p - - woyem a adoose R, meeting, and floesays In eWanm5baseNUlN s_rAPs and aobto,, P.ansx coax a Code FnbmementCoca spwanY at (ma 693-R80. 276 FOURTH AVENU M56 -20h. CHUANSTA •. G1110RNIAmCr EANt7 .:�:. CIVIL PENALTY NOTIG,ii AND ORDER DEVELOPMENT SERVICES DEPARTMENT CHOW VISTA CODE ENFORCEMENT DIVISION 276. Fourth Avenue. Chula Vista a CA 91910 - YOU ARE-HER'E19Y-NOTIFIED that vloons oFfes chul= lista Nunicipal code ("CWC")re n the property Identified blow antl you have been assessed civil penalties pursuant [o CVMO § 141110. You are Oarnoing to violate the law and are ORDERED to pay the amount set forth below. The property owner and any Werresponsibleparde(Such as a tenant) arejolntiy liable lorpayment of civilpeoafthad Mlof Chula VieE Munioipel Code ('CVMGh Radiant! far file issuance of ciWl pEnaltias for Nolaiions M toMunicipal Cotle. penalus can be assessed for as much as $2,50 per day, The penalties are per ve[conn, Jersey and are Cumulative. peniffai can be assented the first day an officer observes flee violation, the last day befshe obarved the violation, and ou days in between-whather observed byan officer Or not - DATE: 11-28-18 ISSUING OFFICERS NAME AND SIGNATURE: M. Brace OCATION: VASSESSOR'S '1283 TM1Irtl Ave. Chula Vised, Ca. 91911 PARCEL NO. 619'223-20A0 R55PONSIELE PARTY. Elena Maldonado Mercer Financial LLC JUNG ADDRESS: 2021 Chardonnay trained 2351 Via Capd Ck4,rdte: Chula Vwt16A. la Jolla, OA. Zip Nae: 91913 92037 tam 00 CM1615.m 080 Bultling WTUCApbm-r. t _ Quem te'8�163 Se#f �V 8'F{f ` �TOALAMOUNT DUE U19d8[o1L28-18 � sm16u re $5o0.00um T �Ffnit` i6Rcashea R3NTeG ools Srr5mtplans, Obiarap., is sod req d+„ nopsm ardartautordat to legalize the corstrhacfiaorjrra cwrmtstatt ORremovempmt ittedadditionalw (,utilities, and elechicrmenctic locks and restore the it, to its pxeviouelyyexmittzd condition. RIGHTS TO APPEAL You have tha right to appeal Ute Civil Penalty Nonce and Order within 14 Peandar says "von the date of the Civil penalty Notls and Order (30 colander days if you are not a Caoiornla resident). An appeal must be matle in wnGng to Code Enbrcemmit Division Deveelgrant Samoa Casement ATTN: Requestta Appeal City Of Chula Vista 276 Forms Avenue Chula Vise, CA 91910 io appsal, y0U MUST ALSO SUBMIT A pEPOSIT M Ute form Of a personal o'tack, casryiefs check or money alder, rtafa out in an amount equal to the full amount of the penalty, unless the Penalty is In eXCss of $1,000, in which case steal must be vubmia d. Once the C4 has received the Request to Appeal and Oeposd, a M1eadng will be efeduied_ The hearlrgq will Polou the pmcetlarea setfirFh in Section 1.40.6 50 Cfthe Chula Ysta Municipal CCtle. Cdeoby V re of any person to Properly fileTre a written appeal an submit Ne required depskwltM1in the ebove�sfatetl 14 dooits tlays (30 ceL^ndar tlays far om-ofetate residents) shall constitute a waiver of your right to dzg waived CCnraG the Cry's Cmtla Enkmemenand tDrvision rormorenformuanon as(b15)591E5236 moneta de appeal the a of the h pe -R will be HOW TO PAY PENALTY The sneunt 0-r the penalty Is Ind lvafad on ina front of but,- Clot Penalty Notce and Ortler. Payment an be matle by Not I personal check, money ortler orcash ia; s check matle payahle to City of Ghula Vista. Payment may be matlebe IM1aohula Viso Prein Service; Builtl!ng. Payment may also be matle by mall and addressetl fo the be M de in person at CRY of Chula Vise 276 Fouts Avenue Chula Visa, CA 91910 Aft Code EMOrcement Dallelon, Civil Penalty le not or ophasted withill Is essoment Men yien Pleaserf ehnii the instructors 1a calender tlays, assessment will be deemed] Gnal and due s sonnet excuse the failure to conxa i'n violation, nornsure roper i1 baractingof ourpayment. Payment of the an ami by the City. peoaRis or Pother enforeenert CONSEQUENCES OF FAILURE TO PAY THE PENALTY b"O y cant of Mil Civil Penalty Nacre and Order is not received within 45 da tablas a tax Gen on yourpmpery se auNorized by Califomla Government CodeeSectton54988 cYouthe remainder Of stui the d ons.roo0s f I- The Cif M1as the authority to colleaf alldoss assocaA neo M1 act�� Y wird the fund f CONSEQUENCES OF FAILURE TO CORRECT VIOLATIONS If you faJ to mrrzU the violators Ilsfatl on this CMI Penalty Notice and Order, CMI Penalties may couture to comma. In ettlMon, ihz CIty may inNatefunher anmrcemem Medco including, but not limited let abstement, criminalurosecrldon,civil afugsho h recording Me troladon wish the County Revolter and fort dbum of certain Gia@ i� benefits for sergo tlaN e'S a rental pang rtyAd These options empower me City W demolish structures or make necessary repairs r the ni xz isnse, and W incarcsrta NOletors. Any of Mese Options or others available to Ne City may er used e d9miY' n2 is not achievetl. NO EFFECT ON OTHER ENFORCEMENTACTIONS This Cervi Penalty Notice and coal r repnsents a seperets and tlistincp enforcement action against you. It is N addition fa any previousenb¢evassesnt - ed a9 insiyouano�UOhis Chup Bxtentlenalt Notice and Order does not negsteor Place any Pieces be ad pansli a mostly any previous compliance deadline. Jf—I need fudher cladicafion about payment of Me penalty, about Ne violations andlor how to comply, please call the C cnfecemeot Division at(619)fi81-5280. \t I1 CHUTAVISTA Development Services Department Cade EnfassaerttD>,� sty - REQUEST FOR AUR NIST wEH (A ) You may request a heamg to ceaestthe proposed emeceive acdea oo Le pmptt,y bbss ubelow (CVMC 140020). Pleese£0i outthe information re useted below and delivmthb fors, to t Deparosson ofDevelnpmenf Serrices, City of Chula Vola, 276 Fowth Ave., MS&200, CRvla VbnO, CA 91910bef0re 3:45 pm on or bef etbis daze: l2 -10-I8. "You mus pay a depodt amoont of$ oQ at the obese you request a hearing. Appallant� a4ov (hoperty (hvaam AespOasble Party): PrrueNama Sigomure Daa DayNae Phone:( Case Numher: CI8-0863 A .619-222-20-00 Viol&iO Address 12831unslAyOnOse Corrective Actions) mulzr affeal: C' it Ponshis Notice Order Code Enf'scemenr011ices MDtuce Phone Fumber: (61914092813 12eason(s)frrHnring Pleaebe specrfrc. Youmay attach additional vumberetlpzges. Failure to request a hexing by the date indicated shall waive you right to app ea sad contest the listed ac'don.11ils farm is laavided £or yos eonverdvice to Sle an appeal. *I£y0m appeal is upbald your debnsitwi0 be mfeeded. Ifyou appeal is denied you deposit Win be credited towardthe amount ovl:d to the cLLy. Additional msls may be assessed for hearing prepmarym, notification sad ypevmce should your appeal be denied Failure to pay a debt a the city may result m the placem eut ea Lea on this proper.}. Compliance vntbAmerlcans wiN IsisabllitlesAct O.ya eMlor MrtlGC - - ACs (F J ( l Enr/cl]Lt ae , r"e b2¢Re 54 _ (t9) y Iicgdf 276 F0URW AVENOEMS 8200. CHVLL VISTA. GLIFORNLt M01n \SIr t11Ut° MSIA Development Services Department Code Enfare¢r-lmt DwIsio o _Cost Recovery Invoice I1-28-18 Elam Maldonado 2021 lastomay Ter. Mmccx Finanaial LLC Chula VVista, Ca 91913 2351viacapai 9203 _ La1o11a, CA 9203'] RE: 1283 Thbd Ave; APN: 619-222-20-00; C,4 C18-0863 The City of Chula Vista Cade Enforcement inspected dm above-refxenced property on 11-8-18. the violabon(s) observed attbattime were itemized in anndce of via]atiae (NOV) dated 1I-13-18. The NOV vasmaildto the property owner as shown onthelarest records of the Couury Assessor's office. The NOV advised boat ® Viela"re ware to be cowered no]sten than 11-27-18. ® Plass were to be sabmiMd and/or all illegal consmrction loosened no later than 11-27-18. If corrections to plans were rape'a the corrected pkns were to he as l,d to the Building Division widdn 10 days ofnotification of the xegrdrd comctiobui�dirgns. Upon approval ofthe plans, you d obtain 6 din& oostinctionw kpxevroustyper;offied withou[aPoston oit within 5 days of untificaGon. All requested wrddn 10 days of obtaining The d1°g pert must have an impecnon must be completed ad mast }rove Permrt Any exsections noted by the boding, inspector osection notice. If the construction an msPection requested aAd& 30 days of receipt of the inclu project cons completed without a permit, then ell ins drag afetal impeara , must be obtained wtitiinthe timeframes identiEdabxve. Pons, ®However, your case was rview-ed andlorxeinspeaed on 11-28-18, xevealingthe following; ncOitnvbae violations havenot been cosected: I. tihcermmdtenaniim ovement. includi bvtnotlimit its. addition ofintexiox walls rrtilities. Hud elechic magnetic loclrsmstalld on doom. CVMC (15.06.080) 2 m" ti duct -f15 Ofi ® babiaYconected plans Lave not been submitted according to the above vmehemes. ® No pemit(s) has/have been obtained. ® luspectloos us not being performed or requested according to the above tune&ames As referenced in the NOV, the Chrila Vista Mur' upas Code (CVMC) Section 1.41.140 eutborize; the City to charge fox its costs imemed whife enforcing, remediating or abating violations of the municipal code. Since the violations have not been epme zd as TMquinOd in the 11-818 NOV, this 1, is the Clyy, owees he City to Chile Vista is i$547 . This The amounto£ tostry afgy charges ng gln owed the Gry of s cavi Vsaa u 9 old asd This s in addition to obe of ser outstanding fm¢s and penalties such as civil paaaltiea and admiw5yatly>stariovs-Attachedis-a- mphrt is mmi neo all costs allivcused to date respondingeo titin the s of the municipal code. This ice is bDDIseviled to allpaties having s recorded interest in the propay. Responsible parties ate jointly endsevaally]iable for all costs. A xeinspccdev nfthc property and/or reviewofihe cazewiltbeperfarnssd on or efts 1212 -II 0-18-18 and charges fm the pieparnfioa and pegomseae of the impeefion will be chnged to you. Costs will continue to be merged to the property rmtil the violation has been coaa o ed. psis bill mos:be paidto the City of Chula Vistaby 1-11-19. Please pay at the City of Chula Vista Public Services counter, located at 276 Fourth Avenue, Chula Vista, CA 91910. The office is aper between 9:00 a.m. and 400 pm., Moa by daough Tmsrsday. If fullpayment o_` this billis not recoelvedwigm, 45 days, the City will rxoxdilseremaindn of debt as alar lien on your property, as authotized by Calibomia Crovemmeat Code Section 54988. You have the right to appeal the proposed lien as ouvl dbelow. Yau have the dgLtm meal this coat recovery. The appeal must be filed within l4 calondaz days be calendardansheallotted lloteaotes Cgglot Hearing )from thedamdills letter. pe appealmust Di is wtiti Ann the zo S400 is requt fol Hearing foffi avd delivered m the Code nmfomemz a Division A deposit of 9400 is r hgadg process the Request for Hearing. Upon receipt of a complete appeal, an e Lea hhg at Lasting will be scheduled. You willsp notified of the date, Coco, ®d piece of am hearing at leas[ ae days in advance. The 0.050. ba6ve hearing will be thdeposiucted inlbe sucewith thepropeal is setforth he CVMC 1.40.050. lith eappealisupheld, the deposit w;U be rete ned If the appeal is denied, the deposit will be applied to the cosh o{ffie Learing. Failure to file ewrittea appeal within ne above stated time constitutes a waiver of your right to a hearing. to the evstthst additional inform timis required, please call One at (619) 409-3813. �d� hitchael pmm Cade Enfatocc eat Officer Attachments: 1. Request fu Hearing F= 2. Cort Recovery Worksheet 3. Fell CotRecovery Estimate 4. Summery of Code Enfarceregm Remedies cc: MarserFiaacniA LLC A Caltrusa Lieuted Liability Company 2351Ilk CA MCT La JNIs Ca 92037 CHU A�VISIA Development Services Department Code Enfore ,wdt Division - - RFQ=TFORAOMINISTRATN HEAWNa(APPEAL) You CTADv20), Flei iucUtteeiheproposedcortecYveelo mcltheivu edyshown below (CVNfC 1.40.0.0). Please9Iou[tE®mfoxmntionxaga VlLbelow0arfll Ay., f¢rm04,C Depaz-tmev4o[DevelopmevtServica, tity of Ch¢la Vin -G, 2'Ib Fourth Ave., bl5•B200, Chvla Vis , CA 91910bef 34i pm as mbe`.oxettis date 12-10-I8. 3Youm Ypayad:p0.d[amolmt o£$400azEaet®e you xegaeYahzaring. Appellant Infoimaliw (Aop� Owner w Responsible Perty): Print Nerve Sipa Date Maili¢g Addles: Daytime Phme: (� Case Nambc: C18-0863 - APN: 619-u-20-00 Violetinn Address: 12U MrdAvenue Corrective Aceon(s)mderappeal: CostAewvervlmoice. Code E>dbccemm[Cttncer. M13mca Phone➢`¢mbar: (6191 409-3913 Reeson(s)£mHea<ing'. Pleaebe spaci5c. Youmay atfachedditi®al numbaedpaga. Failuret0 re.]aert ¢hearing by Eae datemdicetedsballwaiveyom right to appeal aad contzstthe listad action. "this forme previdedfrryow wav®i®cera Tile ¢¢appal. 'Ifyour appeal isupEeld yomdeposit will be xe5mded. Ifyow appeal is dewed your depositwlh be creditedtowmdthe amount owed to the city. Addidonw coca maybe nsssss4 fmbearivgpreparatioa, notifieffiion and appeaance showdyow appeal Ee dewed. Feilme 4t Paye dab[m}he ehymayrasukinihaplecmea[ of a 6e¢ wthL papaty. compllanze with Amerlcens with Olsablr)tlss AR a Gy oI mu6 V, P mmprlana w: s 14J 915a:rrY G (PM). Es dw& IhI MgQrII speck/ - mne ¢sung, mn dare c', �q� wmM - aead, mrty-er hlaAwc In aNzn¢ d m9) 691 6 pn Rays rn earen�sp%� sCeeu/esservlas aM amvroas,z%aasmconoR a CV Je Entarceme5�cz 5pxtlalttoae(6x 9)693 i3ea, M FOMH AVENUE, M6 &AC• CHUTA VISTP.c CPLIFORNIA81810 \ffI CHIrA1�STA Development Services Department Code EnformmtDlvzszon Cost Recover ery Workshea Data: 1128-18 1xOPR 0w 1: Elena lvlaldonadn/ ir, Financial LLC Address: 1283 Tbi dAvenue, Chula Vis 91911 APB: 619-222-20 00 C19-0863 Cmeat Chazges: Fns[ Cart Rerove Invoice Pievions Balance: $o.00 Amount Dae: $8,565.74 City of Chula vista t Da'e .,Tpl n 'GEO FINANCE USE d'.YSp5^7]44 Full Cost Recovery Estimate ONLY 0.50 NOV/NOT 1113/1e OV/NO1-RMOhCP TRANS CODE 0.50 4..881 Code Enforcement Casa Activity _- 40137 I.DD 11/28/18 �olat= ReTfng CIS -0863 Tree: Cemplalnemsp�on Opened: 11MAS pmrESM 1283 m10 AV Euaw$: In-Yolauen Workflow FOR t Da'e .,Tpl n 'GEO wJ d'.YSp5^7]44 11/13/16 Lund oal 9K 0.50 NOV/NOT 1113/1e OV/NO1-RMOhCP N lmff 0.50 4..881 126/18 Nrt BUc pAppa] I.DD 11/28/18 �olat= ReTfng Foffmup Pman 030 74ul 128/18 FckCa ErorcmeM-Tods tae $1M.61 3 Inspection FOR :_ W' —:A.SINN Total Due 554].]4 1 01 PLEASE TAiLETT 'NOTICE WITH YOII WEON APPLY 3FORPEATHTS buddug and plaaomgpermib may ba app➢ed for at thebv➢dmg counter or pladlym a enterat±]6 Fourth AvmuS Clads l'ab,CA. Please ttlephaueteller) 691d272 for granted n. mIDamefioabout garentbe regved pamlbar g and Stan Farad cotton (619)5835611 FA lMly TO COMFLy WHgTIOS NOTICE OF VIOLATION MAY RESULT le ANY ONE OAA CONrBINATfON OF Tf¢ FSLOWINO FNFOACEMEMACTIONS. If resolving Of eiolade, bootees Cutissmmce ofseperaf, an mvna¢gy;ve Per Shelf be emaetln defray On uprose ofbva4,2doo eudmfarcement. es of Sloo, $2000or $500 POT Violation fir I", coal or Re diction respeclvety. Foch day dor ce domiaaedaa an a a msecarm of $1,000 wY,h a po$ b➢rty of ap to 6 monfos imptlsoomeoi for mads day ce orae ceaze al aClvi[ydemesneas atioso ie, lyvamg Oc omens amisaemumor. :mvayfr au mryect;ons lfthe viola6sa isnot coueRtlwdd, Oe time4eme identled in Cha Notice - a OR City cots adscoined wisshmveslg tioae� semens mudoeeolvdov of avidlatim. m A Noce of Violsmn may be recorded agay pr wthe opose widt tba Coaaty gsordn. For Recadetioe mdcmca➢etimtofracmdadoa cots son be Creased pef CVMC Sledfia IAI Mo. ma are roan; 6, LRY may CIM my action so ebmy to slimmed ted eiolmia., -n,..._.� ... manded sommuccon Al aaoddm8 �ard mnmoedhythe CLL as ee be aollec ed af she same manure aeicipel 4xn, fray be recorded as a frees, of ye xtob rayeomd� st aaanc ammuosm Csfirxovery ,ba➢ be auaaed m 141130and 1.41.1iler ce pravlsloss oI ce CLals yssp Mmtieipal Code as set forth in SeaGosa 1.41.140, 140 Cast Recovery; pmaamtto GC,,,dtCode Secdoa -,]A sorts and pera4'u arm may be recovered and edame d Is'yintrsl+omibla fades mdv Of Chester mclsdr, but are vat Aiic£ollra 5. Gty i draft cost for ebtlmmt of eaiew¢s, togtthar vdih app➢ cable MO tea; B. Cost elsalary "uart Tblo ori and of Race city >mPloyeu sed wmmt po. il Ovolvcl the m�r, e,� -on, e„rornmtn: a abdn abet®am o£ata,is®n or c Atty£malw'pmmtttsaorreny P Attorney's fr E Cors; F servis ofial, m, aeeeiog offOR,, t Jmicsl services anclsoefor- imba; G Admini.Cuativa foe and ch➢ pavabics imposed pm,Mmtromis snap E Goi^;P�o^f Pwdtm CVbarmor do,c od; If w.l do or mnecessary foment too vndorn; abartn8 miegean¢ a,m d olmid2 1 tlm Y other fee, ss r asperse reasonably andm'ooelly federal to 4 nit's onforcanmE ohm to efide aalrEld: Cr cwea aNmatiov of Rod codem applicable reared low; R. India dnmazs rewvefeble parsmat to Govemmzm Code Sector 397P 7. (Sce CVMC 141.160(c). (Ceti. 1718 § 311998). WS i0CoafirmaExteralo FC➢owwg Neoon, de, nofOe WS t mediation, External O de add of meson., the Career, 5Nu re, the Proposed Cwva and fP mon a r ro, my pais Cf a proposed rssasmmt of ytm eMo p m,, itowd ill' and ct t um it ESf orcar egalfC bon el ossaml atwaea MtyecrzofaavneO, nre9n.<,.ve mann xotimma for�epommlly b be heed red rdsor cail e bfm car moot of cora or Her shau be poC.ddN to Thos parties in arcordmce viO Chi 1.40 CVMC. FoLor iso are cards of evonor L`nmf me tlN Mang MY the, load a amalOX of onOmmim of coon vRR,R the reryecdvc resp yle sofas. (ard272[3,1999). p 1.41.160£moxcemenc CndawNmcewrh or tCoad,room3str, Od ciq. manager or a aveCort ox bard 0 aeprepavq May audita the 1. donsI adrerrs,ll mews: Asapaaooal oldsou'a Ormou,arspansblepmiv; and 2 EiWn: As a aoNM Ilea wtO On Isomy of a a judgment dim be the rel propary cord, of the wmtY Caaime' mY reel prop srwbeird Vrte the entire of ebemyl oe ama[eaactin Or b. Aa as comemat agvvi. the Reare wNab osubj t to sbeeoem or corrective mini. Nbe eo➢ecni Or OF same maw mtmicipsltma or az B. Thr, mey Medea, shy deaneY or Rescue, to samenzed b ob¢bl,Wiciel mwr,n[fm Oefmsleswe ofOd Om, woad apprdpriAa. to sddd;oq pMm"M to Cormorant code Somm 38773.7, to city Mmmrer may reek table armed, Is to, ab2aaaPf arab whore Na manatee aeon mose OR of OF estrum as C snood or soheyneot ciao or Mimivz Isdameot onod� Or Enapm of W4 Sorrs tateroom s®ativ4or o oetOrd fir ba e do o da, s racer. salm®, of osccoramce vfiO GovmmmOem' Codes �oo38p37 damaged to 3,1999). .. (Ora 2718 § Exhibit 8 1 Exhibit 9 MA, Develt)mentServicesDe aftent Cflde EnforeexrextDivisiax REet1Es*vr.o ero., --- rstxr3aA s yo," coNnt Oie Pro)cd socrzeti.<actioo mshe ro (CVMC 1.40.020). Please Gll w:the iofarmatiae - P [ahshawn befoty llepartmest ol4eaelaPment Seek 0of *sd bdaa andde torm t¢ehe CA41910before5:55pmvaorbef=[bg neft l 8a r6 ivoAr Ave,Ave., f+ somscbwavkh, 'You tnvstpayede.ositareovnl afg�etmetimeYoartquesta6eaeing App ltaee Eofmme600 (Aapcp{Y wRepous.-bk Pmgk Neholas Fd�oko �� P<imNvne 12)06n8 S&enua DM MalflnS AdAttv 1283 Tdtrd Avenue, ChNs Vials CA919]] D¢ytise Pf�e:{�9J 80-3715 Case Number: rlarg� ARat519.Z212oM Vminion Addmce. N35had- f tiw ACWv[5}wM Sppm F '»SGgEe Cds E°ra¢'"emt3fNy: m g:—,M� Pht Number: tai4laua 81 P+�"+tt*<)raikam&Fkwbesµafe. Yca�}'suuEedgbioertmmbv e65iges Y Notice from the CIN slid notspetiN wkat ndc =l m—unpermitted Ng 91ru etatedy3yat faa�aemqusahea-ieg6y the dz;eia mi sbe et AsvywfriaJ4m sPpytememkst Nc&sW svoo.Ikis 6rtm'sprond�foryavwwmu;axto file m"p , kfuwa s}gasl uephatdye�cd<Ws, x151 barefisnaed.It>w epPafl Isdznifdy depahuvlipe Crxneb L'-»Yrd 4`e&Tlevotdan MAegity. AddfueSFl SosiSMZy be ov¢ied torEtanaS TaArs44y mr.5catir aril ppeo„mw ShouldYmrrm�§e deufed. rilhQLb} idAt h1tlK4hY�R in &e P)9.tir{dt ea l6eftI gwpm*. �>larT uflF X9xls<w wRhFdfLSlMv �' m w ✓ � vsa .� dmWo-..<. mm a...,:e� w n�asxe.m rwa;. ca auxaa .:,, mvr m �Ja�,z'm. µWJ:T[WS.NbbzoFe.-n9`].aya/.ta^4i Ciarv`RrsVP»�""6Cu a'O'e3lrns-+SMtMp�r 4+mv.�rse Ore OXsb xvae` hrz'}0.r9 ie-f�sd+cGa[!•rce iv'Cp�{ifi t�+�d`.ia ShKlllar(SS3)t915EA'. COMMERCIAL LEASE This Commercial Lease Agreement (the "LeaedD is effective as of Swethouber 6, 2018, and is by and between Mercer Financial, LLC, hereinafter referred to as "Landlord," and Nicholas Feholoo hereinafter refery d to as "Tenant", whereby Landlord leases to Test that portion of the real estate located at 1283 Thad Avenue, Chula Vista, CA 91911 hereinafter referred to ae the 'Treatises", upon the £ollowingtims and condidom. 1. TERDd OF LEASE 1.1. Original Term The term ofthis Lease shall be for aperiod of one (1) year commencing _Telae 6, 2018 and ending May 30, 2019 unless sooner terminated as herein provided. _ 1.2. Option to Renew Lease. Temat shall have the option to renew the team of this Lease for two (2) additional periods) of two (2) year(s) each commencing on expiration of the full term specified in - Section 1.1 of this Lease provided: 1.2.1. Tenant shell have fully and £eitb£ally performed sIl the terms, covenants, and conditions of this Lease or any extension of said Lease for the full term specified in Section 1.1 of this Lease. 1.2.2. Written notice of Tenant's election to renew the term of this Leese is served by Tenant on Landlord at least 120 days prior to aspiration of the full term spsefied in Section 1.1 of this - Lease, and, if applicable, at least 180 days prior to espsatioa of any optional renewal period wrath respect he subsequent option remwal periods. 1.2.3. The renewed term of this Lease shag be subject to the same terms "a conditions as are contained in this Lease with the exception of the rental rate. 1.2.4. The Base Monthly Rental Rate and the additional rent rental rate for each renewed term shall be as determined in Section 2.1. and 2.2, below. 1.3. Holdino Over. Should Tenanthold over and continue inpossession of said Premises after termination of the terra of this Lease or any renewal or extension of the term of this Lease, Tenant's continued Commercial Lease page 1 occupancy of said Premised shall be deemed merely a tenancy from namonth to month at a minimnm rental of the Base Rent as defined and subject to all the terms and condition, including the provisions for additional rent, rontained in this Lease. 2. RENT TAXES. AND OTHER CHARGESPAYABLEBYTENANT 2.1. BaseM thl R . lament agrees to pay to landlord monthly base rent se the vee and occupancy of said Premises duringg the term o£tbis LeaseepsciEed in Section Z.1.1. end 2.1.2.- 21-1. $2,000permonth.- - -- 2.2. Other Expense TT gam_ 2.2.1. Personal Pro ext Taxes. T tart shall Pat,all taxed chmges ago ^=t trade fixtures, fig rei h'amega*Pment or y other personal property associated with the Premises belonging to Tenant. or 2.2.2. Utilities. Tenant shall Pay dectly t the appropriate euppher, the cost of all natural gas, heat, light, power, sewer an service, telephone, water, refuse disposal and other utilities d services supplied to the premises. However, if any services or redah asss are jointly metered with other property Landlord shall male a reasonable determination o£ Tenant's _— � onortiomte hare of the cot { such ti . ss d LeLd lg t het Pay such share to Land] dwxtEin (15) days —'— after receipt of Lndlord'e written statement. 2.2.3. Late Re�ph aeIn the evendan rent] a (10) days past due, Tem2nt a y p Landlord arto agrees to pay Landlord a ]ate due fo charge ;n thatpe amexount of ten percent (10°,6) of the base rent o tb 3. REPAIRS AND 3.I. Present Conditi f P shpulatea with Landlord that said Pie m;tesretenses Tenant a sin sz and hereby tenantable cnneditioa on the data of t good and improvements on said Premises have been delivered to Tenant in good and tenantable condition. 3.2. Maintenance of the Premises By Tenant. Tenant shall, at Tenant's own cost and expense, dm-ing the term of this Lease or any renewal or extension of the term of this Lease: 3.2.1. keep the aide walls, structural supporta and foundation of the building on said Premises in good repair; .and 3.2.2. keep and maintain said Premises in good order, repair, and a tenant able condition including, without limitation Gbmmer¢al Lsase Paso. 9 maintaining yards, grounds, paving, exterior roof, budding doors, and glazing in good order and rman, and 8.2.& m ao a all accessary repairs to, o eplla scents of the x x -- plumbing,-]reatis-a8 csndtioning, anETeTectnc�systema on said Promisee, and regalarly employ a heating and on, conditioning maintenance it= to sorties, maintain Lenoir and replace, the heating and ah conditioning ey tem on said Premises to the extent rypssary to keep the same he good working aides: and 3.2.4. repair are, defect in the side walls structural supports, and Pomrdations of the baldsg on said Premises caused by the nagLgerroe of or abuse of the budding by Tenant o any employn employees, agnattr subtenants, or invitee of Tenant. r 3.3. Tenant to Makelgo Alto,ations. Tenant shall not make or permit my other parson to male any altatiom f said Premises or to any improvement thereon yr facility appurtenant thereon vithout the written consent of Landlord fret had and obtained. The Landlord's consent to such impmovesenk shall not be r n.aasonably withdold. Pmthermom, any and all alterations, additions, impmvamant. and 6rt Tee, cccept furniture andtcade fixhuos, made or placed in to on Laid Premiaes by Tenant or any other person shall be paid for spry by the Tenant and on expixafion or sooner termination of this Lease �-ce �e property-0==k1-bl aaf rams,,,. o¢¢ 6avd my es provided, however, that: Landlord may on Expiration of sooner termination of this Lease isetch e Tcant _ T ermans she cot and expame to remove any alts<ations, additions, improvn ands, o fires placed on said Premises by Tenant or any person acting to, oz on authority of Tenant. 3.4dlord's Rieht of Ia ti Landlord or LanrIlord's Only authorized agents may antes said Promises at any end all reasonable tines daring the term of this Lease or any renewal orert on ensi thereof to determwhether Tenant whethTenant is coal conditions of this Lease or to the, ghcth the terms and Perform app er acts aualoisa d to thin Lease it be pox roinedrights e, Landlord of reasonably necessary to prates L�dlord's rights under this Lease. 3.5. Sureofficer o£ Premises. 0L eerhat on or sooner termination of this Lease, Tenant shah promptly sender possess en Of std Premises to Landlord in as good oondftion as said Premises are urn on the date of this Lease, reasonable weer and test and damage by the elements in fire or any casualty beyond the control of Tenant excepted. Tenant, at any time within piety (90) days prior to the excitation orthe term of this Lease, or any renewal or eversion of COnllnerdalLBdaP. Page 9 the term of this Lou Sao shell allow Landlord to place end maintain reasonable "To Let" ox "For Sale" Signe on said premises. 4. USE OF PREMISES 4,L permitted Use of Premises. Tenant shall nee said premise operating and conducting thereon a buss £m iness and for no other purpose without the written consent of Landlord. L Said Premises shell permrtted by Tenant to be need in violation oflaw cot be used or Tenant shall maintain said Premises ins clean alBrandy, s �o4 ordinance. and in compliance with .a ,manner 4.2.1. All Stets and local laws, oxdiaances, riles, and regulations applicable to acid Premises enacted public or or pxomnlgated by any governmental authority or agency baying jurisdiction over said Premises, 4.2.2. The recorded restrictions governing the industrial park. if any, in which said Premises are located. 43. Sg. Tenant m - erect and maintain any Sims Tenant to V desire on said Premises provided the signs so erected: 4.3.1, comply with the rinse and xe o Sen Die galaor o herof G city and corm go and axe]iitect na] or other committee of the industrial park having jurisdiction over such Which said premises are located; and matters in 4.3.2. are removed at the sole cost and ezpense of Tenant vithout damage W any building on said premises or to said Premiaes on eaprxation or sooner termination of this Lease; and 4,3.3. are erected by Tenant and not by some other person on space leased by Tensat without Landlord's mitten consent to some other p ersan for advertising purposes. - 4.4. Re onsibilitr for Hazardous Material and Under cued Sauk . 4.41. Definitions. As used in this paragraph, the following terms shall have the following meanings: 4.4.1.1. "Hazardous Material" means our substance material or waste which is reasonably considered by Tensed to pose sa actual or potential threat to health or safety or which is or at anytime hereafer becomes regulated as "hazamnua; "'tovc" or ander Commercial Leese Page 4 any other simnel designation by aq5" local, state, ox federal goverment authority. Such term includes, without limitation, 4.4.1.1.2. anypetiolenceproducts, 4.4.1.1.3. any materiel, substance or waste d1fmad as a "hazardous wane" pluuneto Section 1004 of the Resource Conservation and Recovery An (42 U.S.C. § 6901, et seq.), 4.4.1.1.4. any materiel, subetance, or waste defimd as a "hazardous substance" pnraeant to Section 101 of the Compxehznaive Environmental Respome, Compensation and Liability Act (42 U.S.C. § 9601, at seq.) or 44.1.1.b. any material, substance or waate diSned as a "regulated substance" pursuant to Schchapter I% of the Solid Waste - - - - - - - Disposal Aet (42 U.S.C. § 6991, at seq.). 4.4.1.2. "Inderani6ed Person" meatus Landld _ director, officer, employee, or agent of Landlord or of any lender or lending institution of Landlord, and any Person claiming under ar through Landlord 4.4.2. P.e--rosentationsandW - ti fLandlord, Landlord. poor to the commenting of this Lease, has provided Tent with a Pence I Environmental Report with respect to the Premises. Landlord represents and warrants to Tenant that to the beat of its lmcwledge andbehei; - 4.4.2._1. no leak, spill, release, d'scharge; omission or disposal of aryy Hazardous Material has occurred on or a££cted the Premises, .4.4.2.2, the Premises, at the date of commencement of this Lease, is free of any, Hazardous Material; 4.4.2.3. there One no underground storage tanks curently located on the Premises. The foregoing. repre entatioue and warranties shall survive the termination of this Lease. Comsexrisl Lease Page n 4.4.3. Re3resentationas and Woortarties of T xepre„ents andwarrauts to Landlord duringthe to Tenant Lease, including extensioas thereof, it shall not ellowm of this 4.4.3.1, the handling: trauspar[ation, storage, treatment ar usage of Hazardous Material upon the Premises, without the prior written consent of Landlord, 4.4.3.2. any leak, spill, release, dueharge, emis a'n or disposal of any Hazardous Material to occur an or affect the Psemiaes, 44.3.3. keep the Pxemises free of any Hazardous Materiel throughout the term of this Lease, and 4'4.3.4. any underground storage tanks to be installed or located on the Premise'. 4.4.3.5. The foregoing rePresentatioia and warranties shall survive the termination of this Lcaee. 4.4.3.6. Tsrmin ti Notwithstandar Provision herein, in the event of Payany other Landlord's representation and warrantes set ch o£ above or in the event Landlord f il' to �lh remedial or undertake maintenance work required of it — hereunder and dill ntly vrue suc mmpletion, Tempt many, by native to Landlord, terminate this Leasee as of the date to be specified in such notice 4.4.4. Indemnification her Tenant. Tenant hereby agrees to iad'ran'fe, defend and held each Indemnified Person harmless from and against any and all loss, cost, damage and aepene that arises during or ajhr the term of this Lease as a randt of, 4.44,1 the Presence, suspected presence or release aany t time of any Hazarda ea Material in, on or from the Premises, regardless of the source of such Hazardous Materiel (swept as set forth below), 4.4.4.2. the presence at sub time of auy undergound storage tank on the Pretenea, ar 4.4.4.3. the inaceuracy or breach of any of the representations or warranties set forth in Section 4.4.3. above. The costs covered by Tenant' indemnification include, without limitation, coats incurred in the investigation Op site condition', fees Comauercial Leaea Page 6 Of attorneys, engineers and other consultants, costs and expenses. ETciuded from the Tenant's indemnification shell be any lona, cost, damage or _.. __ ___.eapense�ssulting _from -tlae-preaeaee-'D ny Hazardous Material introduced onto the Premises by asp lndemni5ed Person. 4.4.5, Notices. Landlord and Tenant agree to promptly notify the other in the scent such party becomes aware of the presence of any Hazazdave Material or any underground storage took on the Nemises. 4.4.6. Development of Remedial Plan. I?, at any time daring the term of this Lease, Landlord becomes aware of the presence, suspected presence or release of spy Enormous Material in, or from the Premises or becomes aware of any pendency or threatened action by any federal, state or local governmental authority with respect thereto, Landlord may so notify Tenant and request that Tenant imtit ate remedial action Tenant and Landlord shall confer on what remedial action mqy be appropriate and within twenty (20) days of Tenn ot's receipt of such notice, Percent shall deliver to l,ssedlmd a written plan describing in detail tbe- proposed remedial - acAon. If at say time during the term of this Leese, —-��reemeaa�rofsAi'-sndc-r�.wmk-storage�k- located on the Premises, Landlord may so notify Tenant sod request that Tenant inatitme, remedial colder. Tenant and Landlord shall conifer on what remedial action may be appropriate, and within twenty (20) days of Tenant's receipt of such notice Tensnt shell deliverto Landlord a watten plan describing in detail the remedial actimwhiet is necessary to; A46.1.seareve are: risk of any present or Rotors leakage of substances from the tank, and 4.4.6.2. eliminate the possibility that the presence of sura took may, at anytime during the term of this Lease, pose a threat to health or safety or may, at SAY time during the term of thin Lease, require such mantZm , repair or other work so as to interfere with the conduct of business in the Premises. 4.4.6.3. Any plan developed pursuant to t1 is subpexagrapL - shall, withoat limmation of the foregoing, cause the Premises to comply with all applicable federal, stat and local laws, ordinances and mgrdaEmu Commercial Lease Page 7 and shall be sufficient to abate any pending or threatened action Path respect to the Premises by any federal, state or local governmental authority. 4.4.9. Termination. If,. 4.4.9.1. anyplan required by the preceding subparagraph is not delivered to Landlord within the time Prescribed, 4.4.22. any such plan is not acceptable to Landlord in aR respects, or 4.4.9.8. Landlord det nabous that the actual of suspected presence of Hazardous Material or underground storage tank Las had ox may raw material adverse effect anpremises or en Lave a conducted from the Lessed 9 ace or yhat the implementation of such plan may have such on e$'ect, -Landlord may, by notice to Tenant within (2D) days of Landlord's receipt of seen plan (or if of the expiration to pxsovide such plan, within (2p) days xn) teron of the time for Tenant to provide such plan) terminate this Lease, such termination to be effective as of the date to be specified in each 4.4.8. Implement t' ��If Tenant delivers the plan xequned hereunder within the specified time and Landl dare not terminate this Lease ord within ten (10) days of Landlord's as provided herein, then, notice to Tenant that e, Plan ie acceptable (m-Landlord's failure to terminate the Lease p_vier to the expiration of the time fur Landlord to do so), Tenant will commence action neceseaxyta implement the plan and diligently Pursue such action to completion. Any work required hereunder will be at Tenant's sole expense without any reimbursement from any Indemnified Parson and willbe Pee ormed strictly in accordance with the Plan and in accoadwith all applicable laws, orimanres regulations governing such work, rand 4.4.9. Pex£ormanr dlo Lanfl IfT for comet fails to deliver a plan remedial aefion within the time prescribed shove and Landlord does not terminate this Lease, or if Tenant fails be undertake such work as is required loo euadex sad diligentl pursue such mark to compleriy on, Landlord may,. but anall not be required to, take such remedial action ss it deems Commex¢al Lease Page 8 necessary- and Tomnt shall promptly reimburse Landlord for _ all coats incurred in such pence- 4,4,10. edom4.4.10. Addition To Rent. Landlord sball be entitled add to The _rentyfayable onver,od by the Tenant's indeTnification chigamere set forth. in Section 4.4.4. above. 4.4.11. Nonexclusive Remedies. Landlord shall be under no obligation to exercise any remedy which may be provided hereunder and no failure to exercise read such remedy shall prejudice any otherremedy available herewdsr or tender law. The remedies provided herein shall not be considered es lusive or preclude any claim f r damages or any other remedy which may be available trader this Lease or under law. 4.4.12. Environmental Studies and Reports. Tempt represents to Landlord that it received from Landlord dal, accurate and complete copies of any and all reports, studies, and other_ information, as has had the right to seek from headband, anything in Landlord's possession relating to the issue of the presence or suspected presence of any Hazardous Material on - - the Premises. - _ pm SF 'r xt�nS. ti --- Upon termination of this Lease, hornet agrees that it shall, at its own expense and cost, provide Landlord with a Phase I Engin' ,mal Report and to the extent 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 Phone H Enviroame¢tal Report at its sole cost. 4.5. Insurance by Landlord. Should Teaaat at any time fail to procure or maintain the imwance required by this Article, Landlord may obtain such insurance and pay the premiums on such insurance for the benefit. of Tenant. Any amounts paid by Landlord to procure or maintain ix¢orance pursuant to this section shall be immediately due and repayable to Landlord by Tenant together with interest thereon at the rata of thirteen and ommaNparcent (13.5%) per annum until paid. 5. DESTRUGUONOF PREMISES 6.1. L dl d' D t t R air or R st e. Should any improvements, including buildings and other strnetsmea, located on Commercial Lease Page 9 said Premieee be damsged or dEStnoyxd dining the ter Ofthis Lease en of any renewal IT e: vension thcircet Landhd shall prompts -cease replan the damaged or destroyed basic-emonfs fu the following mariner : Vtb 6.1.1. Macre uranc� a edestznction is eaused 1l a peril againsE Much Lru'ed to be carried b dill I.case, f. ,n the proceeds of such in y Section 5.1 of s>Lanunce or, he Filch 00 ITT of notbeen Carried, bit sole noon and 'sponse of Ten ant. 5.12. Rich the dan e,. or dc-wuC an Se cawed by a peril against Which iusurancaraDot negUired to be carn,edby this Lease Most the Sole coet and eaPense of Landlord. 6.2. Terelinetiou for Uninxured Losa: Provision of this Lege Not'"ittatand;-ng any other Premise bed shoo]d any impxovemaute located on said amaged or destroyed to such en extent it will cost than Two Hrmdzad N]Pt. Tbouasn3 Doll's ($2ng000.00 replace them; more and the damage or dcarRtrt'On is taus d b-seal-or ae�imt which insuranas is not squired to be carded b y a Peril then Landlord or Tenant may terminate this Lease b Lhz L other written notice o£trms aeon The notice y vgthe thirty (20) days aRcr occ�rencx o, mast be given d the Provided, loowaver, that Tenant `the damage Or 3t OF --hZapil or Y can Prevent terminalion of this I.c 4 5 PaF> f e tennior7r `vit�iu—sissy (so) days after ce by Tenant of to OF of the termination the estimated cost in ssnw of 1\-o Flundred h}' lhow;and Dollazs (8250,000.00) of repairing or rasto balxnoo ccdamaew or destroyed fmprovemosq and pdyxy, g the o£ such coats in escaae of (two 9 oHundred i Thousand Dollazs .$25I reo0) prompt- ea, ,>inahon on cospletion f the -seams or resl;oratiorr on To 5.3. TT=me for Constractpmr of Re restmainan of improvements - ' Any and all repairs and commenced by LenTlmd eaquized by this >dr[iclo sbaIl be the cascara o �4'tbrn a roasonabs t;mx afro. ooeusonce of bo hr diji e z de on reqs"-,� the ropers 01 rostoration, shy] ntponaeued afar- being commenced, and shrill be eomple<d wi thin v ru' son able time a&er the la ss. 6.4. Abatement of R t. loeatod 12e image or deetrochon Lzasovemenffi on said Pry of any Lease, exoxpt as otherwise mires shall not ts-midis this PaSaUle by Tenant to Lan P,°vlded in tis AmaJ6, but any rent dile d under this Lsase shaIh ° `h1. dyhere the dame on deataTie M is caused by a peril agt ains wluoll msraanca is not regused to be carried IT Tease, be abased for the time, and to the extent Tenant y-is prevented Commercial Leese Page 10 6. from occupying said Premises for the uses authorized in this Lease. 5ei.2. Where the damage or destruction is camed by ape-il against which her d to bl =-^=a hyaSac am 5.1 of - this Lease, continue to be required to be paid by Tenant as provided in this Lease in full though the damage o destruction renders said Premises either partially or completely uninhabitable for the uses authorized by this Lease. 5.5. Six -Month Termmatlem Should any damage or destruction as - described in Section 6., including its subsections, render said Premises only partially nntemntabm for the uses permitted by this Lease, Landlord shall take such steps as will avoid any unreasonable interference with the use of said Premises by Tenant for such uses during the period Landlord is repairing or replacing the damaged or destroyed improvements, on said Premises; provided, however, that should Landlord be unable to restore full use of all o£ said Premises to Tempt for the uses permitted by this Lease within six months from the date of occurrence of damage or destrucrian to any improvements on said Premises, Tempt may tu cote this Lease by giving written notice of termination be Landlord 6.1. Tuml Corrdemuation Defined The term "total condemnation" as used in this Article shall mean the taking by eminent domain, herein called "condemmtion;' by a pubes or quasi -public agen_; or entity having the power of eminent domain, herein called "condemnor," of either 6.1.1. More than 35 percent of the ground area of said Promises or 6.1.3. less than 35 percent of the ground area of said Premises at a rise when the remaining buildings or improvements on said Premises carrot reasonsubly be restored to a condition suitable for Tenant's c upancy for the uses permdrd by this Least within 66 normal eight-hour worlang days under dh laws and regulations than applicable; or 6.1.3. Less than 35 percent of the gsr read area of said Premises in arch a manner that Tenant is suhstentiahy prevented from carrying an his operations of permitted use under this Lease on the remaining portion of said Premises. 6.2. Partial Condemnation Defused. The term pe rtial condemnatmdl" as reed in this Article shall mean any condemnation of a portion of Commemci ilLease page 11 said "Me"ses that is oat a total coney mnation under Section hof this Lease. 63. Termination £or Total Condemnation. In the event condemnation of said Premises duri� t7m term oq Ogen of a total Lease shall without further uoat terminate s, of Of tl A ease, this date and a prompt and Proper refund or a M on such made. On the making of such rent a�'uetmeya ,both Lent sidll ebe d Tenant will be released and dieeharged from any and°rd and dbligatims under this Lease. further 6.4. Pf£eet of Portia] Condemnation. In the event of condemnation o£ said Premiaee during this be aee. This Lease shall terminate as to the porion o£ said Premises taken on the data actual Physic �posse�ion of that portion is taken by the condemnor but s full P no and effect as to the remainder o£ said Premieea; provided, however, that forthwith after the taking of actual Physical possession by the condemnor of the portion taken by condemnation Landlord shall restore, at Landlords own coat and expame, the improvements on the remainder of said premises to a condition making said ]remises tenhrble by Tenant fo. tho uses Into by this Lease. Any rent payablo un der thi ct aft0 the _ Into actual physical possession is taken by the co�emnos of the portion of said Premises condemned shall be reduced U —Pazaeatagx6e%rouad-are- -�- y the bears to the total gy ned oma of said Premisasy� s t Lease. In addition, the rempayable under this Lease thea be further abated during the time and to the asvenl Tenant is prevented from occupying all of the reminder of said Premises by the work of mstoration required by this section to be perf nae by rho Wa 6.5. Landlord's Power to Sell in Lieu of Condemnation. Landlord may without any obligation or liabi]i affecting the validity of lominuation of this Lease TalenttY to tend vnthout expressly Provided in this Section 7, agree io ,ell ox nus her ton as condemnor, without first requiring that ara as as or y to the condemnation be instituted or tried Proceeding in aought by the condemner free from this LeaseneOf 'the P em see Tenantin said Premises other thanes rights of 6.6. CondemnaEonAward. All Com ensation and damages ne cni Paid far the of said Premises or evnoded or Practises, or £or any sale in lieu of conde P°ration of said Sectaan 7.5 of this Lease, shall, exce than ca authorized by provided in this section. belong to and bast0 nwirse areasloy Landlord; Tenant herdiy assigning to Landlord sa dole property f Might Lava except for tlds provision a y e11i} Tenant-_ gainst Landlord, the demised Commexcidl Lease Page 12 Premises, or condemnor for diminution in value of the leasehold estate created by this Lease or the value of the unespiredterm of this Lease, provided, bowevex, that Tenant is entitled to seek to recover fromthe candearmr, but not from Landlord, far: 6.6.1. The cost of removing any trade Sxtuxes, furniture, or equipment from the poyhon of said Premises taken by Condemnation, 6.6.2. The value of bay trade fistures and any structures installed by Tenant on the portion of said Poorness taken by orndemnatioa tbat could have been remoeed by Tenant on expiration offing Lease; and 6.6.3. The than amort ed value of ell improvements made by Tenant on the portion of said Premises taken by condemnation that could not be removed by Tenant o saturation of this Lease either because of provision of this Lease either because ofpiovision oftlris Lease or because the improvements would have m economic value on removal from said Premises. 7. IAUE NITY FROM LIABILITY. _ 7.1_ HOld-lbervolOssCl T t hall' d rLt, ld i and the property of Landlord, iomluding said $evni.ses, fie, and baroness from any and all liahbAT, claims, loss, damages, or expenses, including counsel fee, and mete, arising by reason of the death or it ncy of any person, ioaludurg Tenant or any person who is an employee or agent of Tenant, or by reason of damage to w destruction of soy property, including property owned by Tenant or any person who is an employee or agent of Tenant, caused or - aLtegedlycausedby 7.1.1, any cause whatsoever while such panam ra property is in or on acid Premises or in any way connected with said Premises or with any improvements or personal property on said Premise,, 7.1.2. some condition of said Premises or some building arc improvement on said Premises; 7.1.3. some act or omission on said Preaices of Tenant or any person in, on, or about said Premises with the permission and consent of Tenant; or 7.1.4. any matter corrected with Tenant's ocempatien and nos of said Premises. Commercial Lease - Page 13 92. Blce�tedt_cts ofL dl d. Notwithst Section 8.10fthis Lease_ T xndmg f2re pro°i,`iare of sad hold Landlord h enant sha]I ba under no duty to bedSal liability cleeani£y arising because of Landku d's failure mel;.e and pace, or damages this Lease to be made b Y 'Pairs xegrur ul by Wilda y Landlnrd or because of anv intentimel ox acre of Landlord ¢r angp©mon man iB oent or employee of Landlord a in the scope IT a employment. mo noose andof there "oTay ox 9.3. Liabipt cus�re Tenant shall. expenses at Tewcu�s own coot and d re promptly of c. execuf en of this Lease and murtmar mug the en'�se term of this Lease and anyxeuemal of sate usup of asuch term a broad so ao yxehen� e covmage pehcy of public pply. y mad by to which Spleans 62 and 6.9 of flim Lease shall apply. Tem by an fnsmanat r4mpany acceptable to Lauelord coming Tent and Landlord a inat 1 9s ac &ability caused by or cowrected with TenanPe owapation and nae of said Pran�ises under tale Imase in amounts not leesthsn: 9.3.1. One Hundred Tt ,mend drilla,, ($100,000) for TOTj� or LU _ __ death of one person and subject to such ]imitatien f L or uImca dhatl £an.ge--soa,�i-mil Thawznd dollars (¢lOQdon) is, 2ujn�-to or o£tw-o or death comoperaon as a rasaL of anyone accidento deentfand death 7.3.. Out Hundred Thousand dollar, ($100,000),, damage to or deeLtucdon of any preperty of othere. 9.4. F One OUon of Landlord claims fru damagee and a Tarant hereby expxeeslY waives C any damages or mjmies t pa VB 's L eme,vat a stroll any lobe ofable for Lam TonannYa business, for any damage of heatruotion _ '¢come belou�n.g to Tenant or on bail Pramiass with the con o P aPerty or any mluries to 1 enant or an east of Tenant, rt of Tevaut roles- y Person on said To i3es with t(Tohe Iron gresults frrom arta ornLandlo ds factors', me rnidestruetion Iron ^tenant to make any repairs fegI or TO ce by Lauired by tlda Lease to be made nAnxTani inte d ontional or willful act of Landlord ox somT, ',0 Ole mployee of Landlord. e. D FAULT AND TERARNATl` 8.1. Nzmadjes p To, drat'D oxabandons _ fault. Should Tenant breach this Lease aid pxemrseb prior to the natural eapiratiou of the tmcn C marancial Lease Page 14 o£tbi Lease, Landlord, in addition to aqy other remedy given Landlord bylaw or equity, may: 8.1.1. Continue this Lease in effect by not usen ang Teuanfa right to Possession shall be emitled to enforce ad Landlord's rights and remedies under this Lease including the right to recover the rent specified in this Lease as it becomes due under tbis Lease: or 8.1.2. Terminate this lanae and recover from Truant 8.1.2.1. The worth at the time of award of the Unpaid rent which had been canoed at the time of termination of the Lease, 8.1.32. The worth at the time of awazd of the amount by which the unpaid amount by which the unpaid rent which would have been earned after termination of Due Lease until the time of award exceeds the amount of rental loss that Tenant peeves could have been reasonably avoided: 8.1.2.3. The worth at the time of award of the amount by shratthe ent£or�m after the time of award exceeds the amount t of aF rental lose that Tenant proves could be reasonably avoided, and 8.1.2.4. Any other amount necessary to comneusate Landlord for all detriment provmately caused by Tenant's failure to pert rm his obligations under this Lease; or 8.1.2.5. Terminate the Lease and in addition to any recoveries Landlord may seek under subparagraph B. of this section, bring an action to re-eemar and regain possession of said Promises in the manner provided by the laws of unlawful detainer of the State o£Calif nvathen in effiet. 8.1.3. Default by Tenant All wveuanta and agreements ormained in this Lease see declared to be comelitiat s to this Lease and to the term hereby demised to Tenant. Tenant shall breach this Leme, giving Landlard the xomedies specified in Section 91, and its subparus, of this Lease, Should: Commercial Lease Baee 15 8.1.3.1. Any rent be unpaid when due and rein unpaid for e days after ma written native io pav such rent or surrender possession of Sea premises ie served on Tenant by Landlord; or 8.1.3.2. Tenant default in the performance or breach any other covenant, condition, ox agreement contained in flus Lease and each default or breach is not cured within 26 days after written notice thereof is given by Landlord to Tenant. 8.1.4 Insolvent . Should Test become imolvent, as des this section, Imndloxd may, by _ nsd in on Tenant or to the person appointed to manage Tenant, 9 20 days, ha, at the address for such person appesave recorof aring in the official end ds the court that appointed him, terminate this Lease fofeit Tenant's interest in said Premises and in aryy improvements ox £aci]ifies no on, ox appurtenant to said Premixes. For purposes of this secfon Tenant shall be conclusively presumed to have become insolvent if Tenant ha d: 8.1.4.1. Have a receiver appointed to take possession of all lesubAtsncydeny all of Tenant's propaxty because of ; 8.1.4.2. Mahe a general as ; creditors: ox s8nment for the be, of 8.1.4.3. Allow any judgment agama; Tenant to unremain satisfied and unbonded for a period o£ 30 days on longer. 8.1.5. this Cumutioln shall lativ-�'eFe remedies given to Landlord in in adddinot be exclusive but. shall be cumulative and tion W all other remedies now or hexeafier allowed by law or authorizsd elsewhere in this years 8.1.6. Waiver fB h The waiverb Tenant of any of the yLan'lloxd o£an➢breaeh by constitute a contis;., PTOThnoms of this Lease shall not g waiver or a waiver of any subsequent default or breach by Tenant either of the same or a different Provision Of this Lease. 9. MISCELLAATE US 9.1. Subleasine or Assi Tennante at shall be o en assrga or othsruise transfer this Lease an cumber, Lease, or any right or interest in BadPromisesor anyeleat of the mthis improveneants that may now or hereafter be constructed or installed Commezriel Lease page 16 on said Premises without the express written consent of Landlord first bad and obtained. Tenant may sublet said Premises or aqy, part thereef or allow anypext thereof or allow pay other person, imulding Teruee is agents, servants, and employees to occupy said Premises or ----------- any pari thereof arithaut-f3±epriorcrzitienrnnsento£Lara d---ANv -- omambrance, assig�ent, transfer, or subletting without the prior written convent of Landlard, whether itbe voluntary or involuntary-, by operation of law or otherwise; is allowable as a negotiated consideration of this Lease. 9.2. Utflities. Tenantahall payah charges incu..ed for the dormant, of - gee, electricity, water, telephone service, garbage or refuse service, and other public utilities to said Premises during the term of this Lease or Sooty renewals or extortions thereof. B.S. Notices acept as o`lrerelise expresaly provided by law, aqv and ell notices or other communications required or permitted by this Lease or by law to be sawed on or given to either party hereto by the other party hereto shall be is seming by email Bud shall be deemed duly sawed and given when personally delivered to the party to whom it is directed or to any managing employee or offieer of such party or, be lieu of such personal service, when the email is conformed received. 9.5. AttorneVs Fees. Should say litigation, including arbitration proceedings, be commenced between the parties to true Leas, concenilag said Premises, this Lease, or the rights and duties of either in relation thereto, the party, Landlord or Tenant, prevailing ro such fitigatioa shall be entitled, in addition to such other relief as may be granted m the litigation, to a reasonable sum as and for his attorneys fees in the litigation which shall be determined by the court in such litigation or or he a separate action brought for that propose. 9.5. Bindiue on Heirs and Siracessurs, This Losse mallbebindingoa and shall iuure, to the benefit of the heirs, sarcasms, administrators, srocacsom and assigns of each of the parties hereto, Landlord sad Tenant, but nothing contained in this section shall be construed as a consent by Landlord to aryv assignment of this Lease or any interest in this Lease by Tenant. 9.6. Time of Essenee. Time is expressly- declared to be the essence of this Lease. 9'% 501a d Onl A t This instrument constitution the Sale and only agreement between Landlord sued Tenant respecting said Premises, the leasing of said premises to Tenant, or the Lease terms Commercial Lease page 17 heeeia specified, and corredbe sets forth the obligations of Landlord and Tenant to each other ss of its date. Any agreements or aepxesentaGOne reapecting said P+emiaee or their lesaibLandl and Tenant not expressly set p nth in this instrumenagt sre5 null andord void. 9.8. Severability. If any pay of this Lease is adjudged by any court of aampetent jurisdiction to be unenforceable, said unenforceable provision shall not affect the other provisions hereof, and this Lease hall be construed in all respects as iF syy inva]id o: and this Lease pavilion were omitted. 9.9. Laws, This Lease shall be co�trued laws of the State of C P'ns e b to, the Superior Court in and fortheCoures uniylof Sas Diego. dktion d venue being the 9.10, coanterparts, counterparts,This Lease may be executed ho any one or so counterparts, all o£ which taken together shall Constitute Ore one instrument. 9.11. Facsionfle Si rarer Itis e sl execute this ease via £a xpres Ly agreed that the parties may sigaeture pages shall be treated as oxigi�i aterA all d Ouch facai Ea p rpoees. date In Witness hereof the parties have executed this Lease effective as o£ the first set forth above on the f¢stpage of this Lease. QOmmexcial Leaea Page 16 Eahibit 10 \~\\\j : j! \~\\\j F 4 2021 Chardonnay Terrace Chula Vista, CA 91913 Chula Vista Collective Attn: Nicholas Fehoko 1283 Third Ave. Chula Vista, CA 91911 OFFICIAL :C4 'W — s';Q aV Marcer Financial LLC 2351 Via Capri 0 0 la Jolla, CA 92037 ig 2021 Chardonnay Terrace Chula Vista, CA 91913 Chula Vista Collective Attn: Nicholas Fehoko 1283 Third Ave. Chula Vista, CA 91911 :C4 'W — s';Q aV =c:` ig W V 2021 Chardonnay Terrace Chula Vista, CA 91913 Chula Vista Collective Attn: Nicholas Fehoko 1283 Third Ave. Chula Vista, CA 91911 e namo maa adi nue rere=o X o�°� ''. pini mo< wa baa.,wm mx ware o Ym', e e.arvmmmmkdm"o) ". Attn: Nicholas Fel-0160 aGM mon, wn 5 ubch mm®m ro mo ball. of tw morro0% 1283 Third Ave. I a.aa mormntrc xHxwpermR. _ - mm.., 4m..mnmaremfv my,, . nv�,amon a.uuuv.aemxexa:. orva Elena Maldonado -, 2023 Chardonnay Terrace Zvi 0aal�l . Chula Vista, CA 9119pp13a, mm'�°,.a es.. o 9590 S403 ages 52`1 Mal Se ow�ery+zm II p 5ck amm.m.l - �IIIIII�I��I�I c.v P PG I= 3811, Jxv 2015 PEN 75ur02- 303�05a.aw.exut II�� l iIIu 1I III III III w."."°�� 090 99030983BVI 346162 nano aa pmmm NA_ q I n� i - mrere9 � ewi. enml ummar(rmmv _ _ Y�� me mwy 1 7016 3010 0000 3621 0002 - rp3rym�9i 07'%JUIY �n15 7ba0WU-A053 i �n�.>L_a �.uc G9imsNre' I 400uL9ae°emnmi Chula Vista Collective rc°"a"`m"' barb,,:"Uan ". Attn: Nicholas Fel-0160 1283 Third Ave. Chula Vista, CA 81911. 11111111 IN IIIA III IIIII H 111IIIIIIIIII. Zvi 0aal�l mm'�°,.a es.. o 9590 S403 ages 52`1 Mal Se ow�ery+zm om.�.wMry amm.m.l - '. 7016 3010 0000 3621 0099 c.v P PG I= 3811, Jxv 2015 PEN 75ur02- 303�05a.aw.exut l Pnmy;oamea ama oo an wonaarce X n`6"°.;_.�I rcres,aax, °.w.,xw oxa Mercer Financial LLC 2351 Via Capri, is Jolla, CA M 9409 0999 5271 Mel 79 .mamoxim �m nuemowe.pm. y,my ,F„F,arSnxp —low aexemo. .al 7017 0530 11001 1408 LL74 �� '" 1pTi DRAFT n ORDINANCE NO. AN ORDINANCE OF 'FHE CITY OF CHULA VISTA AMENOINO CHAPTER 15.06 OF THE CHULA VISTA MUTCNAL COOK TO COMPLY WITH STAT}LAW WHEREAS, Chola Vista Municipal Code Chapter 15.06 established rules and regulations for the administration and enforcement Of tetrad technical building codes, and WHEREAS, Assembly Hid 2913 approved on September 21'20 18 extends the IIIc of building Permits for Or idental occupancies from 180 days to 12 months, and authorizes tv Bnliding Official m Want one m more a#malum' for lime actions ofnat more than I8O days per extension; and WHEREAS, He revisions contained In this Ord'manee to (VMC Chapter 15,06 5ldmirdsundve Aovkfoos for the Technical Building Codes" will implemrnt AE 2913 and Sections 18938.5 and 18938.6 ofthe Health and Safety Code relating to building portion; and WHEREAS, the City Council of He City of Chula Vista did conduct a duly noticed public homing for consideration ofa revision to CVMC Chapter non;; and WHEREAS We Clly's lescosPment Sensiws Director her reviewed the proposed activity for ompdaned with the California Environmental Quality Act (eeQA) and has determined that Ne activity Is not a'Wroject" as defined under Section 15378 of the State CEQA Guid4Aes bx Is proposed the aeon' Tbare i e nc physical absence in the nt to Sectio or a reasonably foreseeable this QAuhe ides change in the a t subject t Therefore, Pursuant a Section the 150ssing, ) f the City's De ellopm nt d IWes the ctor ha is s o'I enema to CEQA. Notvity is xemp the foregoing, Ne seitc Development Battens Director Ms also determined that land Use Chaie exempt Gdm CEQA because hcanbe ouwith Permit thattheoffence land Use Change and Ip amwds provisions related to bn mayg permit arphndons and Heart on theno. Therefore, there o Section 1t5 that the activity In ilu QA ( may bona a sl®dfieavt alsoo on Noe ea[. Pursuant to Section 15061@)(3) of the State CEQq Cuidetirns, the activity is also vU subject to CEQA. NOW THITRHFORP the City Council of the City of Chola Vista does hereby ordain as follows; Stee 1. Substantive Action Chapter 15.06 Of the Chula Vista Municipal Cade is hereby amended a9 follows: Chaplet 15,06 ADMpiBTRATIVE PROVISIONS FOR THE TECHNICAL ILULDIJO CODES Sectors 15.06.085 Applicatmnfora Permit 1506090 onsuithsisnce Y' a,A"R vi wage 2/6 15.06.085 AppllwtionforaPttmit A. Application To obtain a petMt, the applicant shall first file an application in writing on a form furnished by the City for that puryose. Every application shall: 1. Identify and describe the workto be covered by the permit forwhleh application is made. 3. Describe the land on which the proposed work is N be done by legal description, straw address or sodium description that will readily Identify and defchudy locate the proposed building or work 3. indicate the use or occupancy breadth the proposed work is intended_ 4. Be accompanied by plans, diagrams, computations and specifications, and other data as required in submetedflad ofthas section. 5. Stare days valuation of any new building or structure or my addition, remodeling or alteration to an existing building. 6. Bc slimed by the applicant, or the applicants amhorind agent 7. Give suchmherdata and information as maybe permit the Building Official. B. Submittal Documents. Hour, specifications, ongneering calculations, diagrams, soli investigation reports, special inspection and structural observation programs and other dam shall constitute the submittal documents and shall he submitted inone or ore sGeach application with eaapplication for a permit. When such plans are not prepared by an craftiest orengineer, the Building Official may require the stan azo submlhing such plum or other data to saturated that state law does not requite Nat the plans be prepared by licensed architect or engineer_ The Sudan- Official may repine plans, computations and specifications to be prepared and devoted on an engineer or aaMtect licensed by the state even if not required by 9me few. However, the Building Official crew cause the requirdereart to submit plans, calculations, construction inspection mqulrements and other data if nature mfthe workapplled for Is inch that reviewing of plans Is not necessary to obtain compliance with this chapter. 1. paramount on Plans add Specifications. Plans and dic irpsm ons shall be ensure to sauce on sulduantlal paper or cloth and small be of sufficient clarity to indicate the location, nature and extent of the proposed work and show in detail that the proposed work will conform to the provisions or this chapter, the technical codes and all relevant laws, ordinances, nets and Populations. Plum for buvldings of other than Group R. Division 3 and Group U osuponer shall indicate how control structural and ire-ei i9ive integiry, will be maintained where continuous nous will be made for Gutrled, mechanical. plumbingand mminurneadon coir ire, pipes and slmllarsysparl @dine Pw,316 2. Nedteet or Engineer of Record. When 11 Is required that documents be prepped by an architect or ongineep the Building Offival may require the Ill to engage and designate on the building permit application an mohltea or engineer who shall act as the archltem or engineer of record. If the circumstances require the adducent may designate diabsHute arehitem or engineer ofrecom who shall perform all the duties required oftbc original architect or engineer of record The applicant shall notify the Building Official in wining If the architect or engineer of record is changed or is unable to continue to perform the dthaq The architect or engineer of rtrgrd shall be responsible for reviewing and confide t., all submittal documents prepared by others, including de@rred submittal Items, for compabllihy with Me design ofthe building 3. llnfered Submittal. Defined submittals are defined as those ponlore of the design which are not submitted IT the time of the application and which are to be submitted to the Building Official which a specified defied Deferred submittals shall have prior approval of the Building Official. The architect orer of record shall list the dofened submittals on the plans at time of apposition and shall submit the defarfed submittal documents for review bf the Building Official. The architect or engineer of Barrel shall submit the deserted submittals to the Building Official with notation indicating that the deferred submittals have been reviewed and Met they have been frwd to both general conformance wiH the design of the bottom&. The defermd submittal items shall not be measured until their design and deferred submillals have been approved by the Building Official. Expiration of Plan Review. Applications for which no permit is issued within one year following the data of appocatlon shall expire and area and ether data submitted for review may Hereafter be resumed to the applicant or destroyed by He Building Official. The Building Official may want one or more extensions f time f not exceeding IFo days Rerecession on written request by the applicant shoving Hat circumstances beyond He control of the appcant have prevented action dean being takeic when cosesidennif as corrosion n! Building Officard" hall consider the ll sys Deal to adding he o I b' d I "" ` � a .In ardor to renew nation on an application cathartic, the applicant shall submita to I' materials and shall be cab' - bl f e d postulations in effectors the d subadded modification --� '- ' — (@d3681 P 1, 2007). 1506A911 Permit Issuance, A. Issuauce. The application, plans, speih lcmions, rgmpu loons and other data filed by an applicant for permit shall be reviewed by the Building Ofu laL Such plans may be reviewed by other department of the dry to verify compliance with all applicable laws H the Building official finds that the work described in nn nucleation for apumll and the plans, specifications and other data filed therewith coalman to the requirements of The chapter, the ty,maal codes, and other pediment laws and ONloances, and that the fees secedied In CVMC 15.05,095 have been paid, we Building Official shall issue a permitto the applicant. nor 4/6 When a permit is issued, and plans and specifications are required for tut permit, the Building Official shall endorse in writing or stamp the plans and specifications "APPROVP.OP Such approved plans and specifications shall not be changed, modified of altered without unitization from the Building Official, and all work regulated by this chapter or the technical codes shall be done in accordance with the approved plans and specifications The Building Official may Issue a permit for the conmacmn of part of a bidding, swerve or building service equipment before rho entire plans and speclfioalons far the whole building, structure or building service equipment have been Obtained or approved, provided azlomme infirtnahon and detailed statements have town filed complying with all prompt regolrements of the technical codes The Issuance of a panel permit shall ren( in any way, commit the Building Official to Want a permit for the entire bulld'mW structure orbulding service B. Retention applets. The Building Official shall maintain an oRalod copy, microfilm, electronic of other type of photographic copy ofthe plans of every building during the life arrive building for which the City Issued a building permit. All plans for common interest developments as de5ned in Semp-135, offoe California Civil Codpaluxt be maintained with Ne following exceptions: 1. Single or multiple dwellings not more thantwo storks end basement hiAlight. 2. Garages and other structure appurtenant buildings lined inthe exception In subsection (13)(1) of this scctloo. 3. Fath or ranch buildings. 4 Any one-story building where the soon bahveen bearing walls does not exceed 25 feet, except asteel Game or concrete building C. Validity ofPerenit The issuance of a permit of approval of plans, specification and computations shall not be construed to be a panni for, or an approval of, any violation of any of the provisions of this chapter or technical codes, or of any other ordinance of the City. Tactics presuming to give authacty to violate or cancel the provisions of this chapter, the tecincal codes, or of other practices of the City shall not be wild The issuance of a permit based on plans, specification and other data shall not prevent the Building Official doom thereaGa occurring the correction of errors in there plans, specifications and offer data, or prevent the Building Official from stepping building operations when there Is a violation ce these plans, specifications and other date, or violations of this chapter or technical codes or of any other ordinances. O. Expiration of Recall. Every permit issued by the Building Official under the provisions of the tecMiwl codes shall expire, if the building or work authorized by such permit Is not egmmenuA within one near 480 -dogs from the date of such permit, or If the building or work authorized by such pant is suspended a abandoned at any time after the work is commenced for a period of 180 days. Bc`F� _ _> a:—;aa...,.. he q; Paa..Nalot t O-. be Aid Of,'.e...edosa eh -�,.vhe irwlTlanseapa v--8"-oah-wr4- Ogineore lost, 516 4p aNromema$�wtagar-e�kaNs.�fp, _ _ . 1 p tea, A hemi dee M1oldioe an neon IrcA�mm tmay apply for an extension tb time for salffi d pnl tl e amountrequired fd h tLembson made or will begin the otigicestate and a ep�om A r�¢rm tte '4) an x red nenntm v I -F d l fl fe The Building Official may ¢nut one ar more f -se 14 R E time for nation by Oe Committee fora period not exceeding 180 days per) o upon written request by the cmp item showing that cimumsmnces beyond the eentmlufNe acke ttvx have prevented action from beteg taken. when nsiderh exte s f h rc' h op consider the b o ate me cemll is man ad b d a ___ __ 6. Suspension or Revocation. The Building O(ficid may in willing suspend or revoke a permit sued under the precocious of this chapter and the technical codes when the banner is issued in error or on the basis of incorrect information supplied, or in violation ofthi' chapter, the technical codes or any other ordlwmo o regnlatloa(Ord. 9059$ 1, 400]). 9ecfinnTh seyeraaf4ty If any portion of this continence, or in application to any person or vice meadows, is for reason held to be Invalid, unci forvsryle or weorm(mtlonal, by a coon of competent jurisdiction, thall oron shll be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not other affect the validity or enforceability of the micaming ponloos of the Ordloaneq or Its application to any erperson or umpmst anon The City Council of the City ad chum Vista hereby declares that it would haw adepNA each melanin sentence, clause or phrase of this Opposite, lmaspectivC of the fuel that any one of mom other sections, 'Common, clauses or phrases of the Ordinance be declared Invalil unenforceable onmconstiMional, seat M. comnnclmn eortidnail licesieanBalmsi�lullensreihduplcatcoon,ppabltd federal law ata intends d d s this shall bconstrued vligt f thatintent, section N. ercenave Bate Tlils continence shall take ei and be in Rome nn the thirtieth day aflar Its final passage. Section V. Yubteatmar The BIN Clerk 'ball certify to the pazage and adoption of this Ocdlnanu and shall cause the sarnC ler he published or posted according to law. om�p Pnga N6 Presented by: Approved asto form by: Kelly D. Broughton, FASIA Clen R Googol Director of Development 5crsces Cloy Attorney Amy DRAFT PN, 1/6 ORDINANCENO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHACIER 15.66 OF THE CHULA VISTA NIUNIC@AT, CODE TO COMPLY WI'IHSTATELAW WHEREAS, Chula Vista Municipal Code Chapter 15.06 eetabbshed rules and regulations for the administration and enforcement of certain technical building cedes; and WHEREAS, Assembly Bill 2913 approved on Schermer 21, 2018 extends the life of building permits for asidential ocecpanmes from 180 days to 12 moning and ondweaes the Buddirp Onsist to Manton ormore extortions for time Panora ofnot more than 180 days per extends, and WHEREAS, the revisions contained In Ws Ordinance to CVMC Chapter 15.06 "Administrative Provisions for the Technical Building Cods' T Implement AB 2913 add Sections 189385 and 189386 of the Health and Sanity Code relating to bidding permits; and ME REAS, the City CqumL of the City of Chula Vista did conduct a duly noticed public hearingfurconsideratio r arm revisionto CVMC Chapter 15.06; and WHEREAS the city's Development Services Director has reviewed the proposed activity fm ompllance with the Callfomta Environmental Quality Act (CEQA) and has determined that the activity s nm a "Pmlect" as defined under Section 15378 of To State CEQA Guidelines because no development is proposed by the activity. There Is no potential of the activity rearing In either a direct physical change in the environment m a reasonably foreseeaalc Indic t physi®1 change in the environment 9herefine, pursuant to Stotler 15060(0)(3) of the Stam CEQA Gaidellnes the orBity is not subject to CBQA. Notwithstanding the NrciesnA, the City's Development Services Dlmetm bas also determined that the activity is exempt from CEQA because it can be swith certainty that the audience D propostre no land use change rad it) amends Provisions related A to building pnit excitations and extensions. Thmefere, them 0 no possibility War the activity in question may have a sgnifieaat effect on the a ent. Pursmantro Section 15061(b)(3) affirm State CEQA Guidelines, the mtivity is also not subjectto CEQA. NOW THEREFORE the City Council ofthe City of Chula Vista does hmnby onedinum follows: ScrfionL Substantive AtGon Chapter 15.06 ofthe Chula Vista Mmdchan Code is hereby amended as follows Chapter 15.06 ADMINSTRATNE PROVISIONS FOR INTI TECFTMCAL BTIII,DWG CODES Sections: 1506.085 Application for alaxmit 15 06.090 Permit Tormnee 'i a resuo1 Po, ver 15.116.085 Applleationfora Permit. A. Activating. To obtain a permit, the applicant shall first file an application in writing on a form published by the City for that propose_ Bvety application shall: 1. identify and describe We work to be covered by rho Ismail for which application is made. 2. Dectibe the land on whom the proposed work is to be done by legal description, store[ address or similar description Nat will readily Identify, and definitely locate the proposed building or work. 3. Indicate Ne use or owupency for which the proposed work is intended. 4. Be re omparied by calsus, diagrams amputations and specifications, and other dam as required in subsection (i) of bad section 5. Site the velemtion of any new building or stmcnne or any addition, remodeling o alteration to an existing building 6, Be signed by the applicant, or the all tram's emharissd agent. 7. Give such other data tied deformation as may be required by are Building Official. B. Submittal documents .Plats,srecimcadom, maintaining calculations, dial ams, evil investigation reports, special Inspection and structure] obsatvation programs and other data shall conshmre the material documents and shall be submitted it sou with each application for a permit. When such plans are not prepared by air architect ornengineer. the Building Official may require the applicant maintaining such plans or other data to combined bines that_smtc law does net requite that the plow be prepared by a licensed nmhitem or engineer. The Building Official may require plans, simulations and specifications to be prepared and designed by an engineer or architect licensed by the date even Inot required by state law. However, the Building Widal may course the Immurement to submit plans, calculationsconstruction inspection requirements and other are ifthe nature home work applied foris such that reviewing ofplans is not nec care to obtain mmpliww with this chapter. 1. information on Plans mad Specifications. Plans and specifications shell be drawn to scale on substantial paper or them and shall be of sufficient clarity to Indicate the location, nature and ement of the proposed work and show in detail that the proposed work will conform to the previsions of this milli the technical codes and all relevant lawn, ordinances, mien and reeulations. Plans for buil0ings of other than 13mbp R. Division I and Group U umvilecomies shall Indicate hmu required structural and ficeresistive integrity, will be informed where pernaddrew will be made for duration, mechanical, plumbing and communication scandals, pipes and supper smlems. Oct coo rug n6 2. Architect or Engineer a peached When It is requited (but documents be prepared by at architect or eogloeeq the building Official may, require the applleanf to engage and designers could building What application an amnitect or engineer who shall ad re the architect or cancer of record. If the circumstances col lte, due applicant may deslgnme a aabsholm archil or engineer created who shall perform all the duties req irc4 of the origiwl architect of engineer of record. The applicant shall notify the Building Official N amM1llcet o rngineer of record Is changed or is unable too a to svntlug if the continue and co themosesution. all subarchitect orengineeroprecord ogramshall by borers, Including free ' and contribution all submittal documents prepared by ng. Indutling defured submittal drams, dot compatibility MtM1 the deeds, of the building. 3. Isolated 6ubmi[mis. Deterred sobmltmis ars defined as those portions of the design which are not submlrted at ire time of the application and which are on be scrammed to the Building Official whHm a specified period. DePoned submittals shall have prior val of the Building oat The architect or engluec of record shall its, the aggro uadi ole Sufenta rvbmme t no fru plans at time of g Official. a' snail an6mlt The deferred submlaal documents for review byfhe Building Official. The architect or compact of coach shall submit Be deferred submittals to the Building OtHclal with wmatlo , indicating that the deferred submittak have been reviewed Bud that they have been found to be in general conformenw with the design mining build g.'h he debarred Somal ial items shall not be installed until their design and defsned snbmums have been approved by the Building OPoedr, C. Expiration Of That pevlew. Applications for which no peer[ is issued within one vicar B&A 4ays following the date of application And expire and plains cold oay Ifferat one or more conscripts of Iffir ther dem submftmd Cor review mOr thereafter be retumad to the applicant or destroyed by the Be Are 011iciA Phe pudding Ofidsl ddec m£asapeand not exceeding 180 days per on written roque by the applicant aM1owiug that mmumstances beyond the control of me applicant have prevented action boom bedrg open When e ni dei san extension Of a permit PrOlecati0anBuilding Officabil shall -be neer to rode 1 ermt avol ca a a b ' An BE �. In ordest tore n wadies on sk application after expiration, me applicant shall submit e necalBsorrin'thapplicatmi with learned submittal and he subjectto u b tt th de h al hern J3 snbmtttru �rew-xzhym, run ¢ 1, 2009} 15,06.090 permitissuance, A. deice a. The application, plaru, specitications, computations sold other data filed by an applicant for permit shall be reviewed by the Building Official. Such plans may be mvlewed by ether departments of the city m verify eemplimrw with all applicable laws. If the Building official finds that the work deg an application for a permit and the plans, specifications and order cribedm I dare filed themwlW condom to dere requirements of The chapter, the nechnial codes, end other penioent laws and ordinances, card that the fres specific] inCVMC 15.06 095095have been paid, the Building Official shall issue apermit to me appllcwt. Omtu,ex, Pxg 46 Nhen a permit is induct, and plans and specifications are required for Mat permit, the Building Official shall endorse in writing or stump the plans and sixelfieetiom "APPROVED .^ Such approved plans and specifications shall not be changed, modified or altered written authorization from the Binding Ofllolel, and all work regulated by this chapter or the taiorwid codes shall he done In accordance wiMMe approved plans and specifications The Building Official may issue a permit for the constmctlon of part of a bullish, Singapore or building service equipment before the entire plans and specifications fm the whole building structure or building Boric equipment have been submiaed or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of Me technical codes. The issuance of a periled permit shall not, in any way, commit mithe Building Official to grant a permit for the entire bid din& assurance or building service B_ Retention of Pines. The Building Official shill maintain an official copy, microfilm, electronic or mine type ofphotograpblo copy of the plain of every building, during the life oftbe building for which the City issued a building permit Ap plans for common interest developments re defined in Section jUl of the California Civil Cade shall be maintained with the following exceptions: 1. Single or multiple dwelling not more than two stories and basement In height. ), manages and ether shlmrres appmtevertto buildings listed in the exception M subsection (B)(1) of this section. 3. Farm or ranch buildings. 4 Any one-story building where the span between bearing walk does not exceed 25 feet except a steel frame or concrete building. C. ValldiV of Pounds. The issuance of a permit or panic dal Of plans, specifications and computations shall not be c mmted to be a Perron for, or an approval of, any violation of any Of the provisions if than chapter or the technical codes, or of any other ordinance of the The. Permits presumlag m give authority to violate of cmmel the provisions of This chapM ter, e technical codes, or of otter appliances of fee City shell not be valid. The basonoce of a permit basad on plans, specifications and other data shall not prevent the Building Official firm thereafter requiring the correction of mrurs To Mese places, specifications and ether data, or prevent the Building Official from stopping building operations when Mere is a violation of Mese plans, specifications and at data, or awkillom ofhis chapter or To recal l codes or of any OMer ordinances. D. Expansion of Permit Every permit issued by the Building OtfiuBl under Me provisions of the recMdent codes shall expire, if the building or work turbanned banned by such permit is not eomerenwd within 449 4" from Me date Of men permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is canmmced for a paned of 180 daya. woim Par, 5'G mtixn � t�he9etin�h iFfee= tlra.'.w. AV tee holding s dsfac an nlm�emn I)bron nsaofthe time F (1na One half th r ¢nod Mvc bean made n will bemade theand __f ovs A d .th ectad oemdtmev hall f11 aff The Building Official may mart One 'a more encentabons of a rad 112 time for auiaa by the pemtl¢eefrr aperiod am exocediag 180 days Per extension upon wriden request by the permittee showing din circumstances beyond the control of the permute have prevented action firm being taken 4✓M1en 00 Meting n extens rn of a memor t the P mLUPM�eexmrl em avly d Id d d f — E. Suspension or Recognition. The Building Official may in writing suspend or revoke died under the pmvislom Of this chapter and the tecinm error or irsl codes when a permit is Issued did s on the basis of incorrect Information mpplled, or in Almond of this chapter, the mcbniod codes or any Other Ordinanen or regulation (Ort 3089 ¢ 1, 2007) section R. Severebi ity If any parlleu of this Ordinance,app any person or elmumstaocd, Is for any lesson held to be invalid, unenforceable o unconstitutional, tutiona m portion stall be deemod severable, r va titnroneb by a beret of crone at juri ity sna than affect the validity or and sore Invalidity, t ons omee Ordinance, or oneonsits amlaliry dull not enforceability ittheremawmge City Chula Ihdied houror a applicatim to any other person or mndwce. The City (bunch of the Clry of Chula Vista hereby declares that it would hone or corce ave adopted each r ction sections, comet douse or pease of this s Ofthce, andmorme b of me fad tbd any othat unconstitutional Ententes, caused r pease of [M10 Ordinance be declared invalid, uncnfor able or oviceusdmtiowl. Section M. Construction The City Council of the City of Gula Vista Intends M5 Ordinance to supplement, nn to duplicate or coneadiq applicable more and federal law and this Ordinance shall be converted in light of that intend section IV. EffectiveBate This Ordinance shall take effect and be To torte on the tWrticth day after IN Poul passage, Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall causo the same to be published or posted anwMing to law_ �M,,, Pogo G6 Presented by: Approved s toformby: Kelly G. Broughton, PASLA Glen R. Googins Director of Development Services ClryAttorney