HomeMy WebLinkAboutResolution 2023-02
RESOLUTION NO. 2023-02
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION CONSIDERING AND APPROVING AN ADDENDUM TO
FEIR 06-01 AND APPROVING DESIGN REVIEW PERMIT (DR22-0003)
FOR CONSTRUCTION OF 244 MARKET RATE, FOR SALE
RESIDENTIAL TOWNHOMES, ONE COMMERICAL PARCEL, AND A 0.5
ACRE PARCEL FOR A PUBLIC PARK ON A 15.54-ACRE SITE.
WHEREAS, on February 15, 2022, a duly verified application for a Design Review Permit
(DR22-0003) was filed with the City of Chula Vista Development Services Department by
Brookfield Properties Development (“Applicant”); and
WHEREAS the Applicant requests approval of a development consisting of 244 market
rate, for sale residential townhomes, a commercial parcel, and a 0.5-acre parcel for a public park
on a 15.54-acre site within the UC-6 and UC-7 Subdistricts of the Urban Core Specific Plan
(“UCSP”) (“Project”); and
WHEREAS the area of land that is the subject of this Resolution is developed with an
existing vacant former Sears department store, an accessory automotive service building, and
associated parking located at 565 Broadway (“Project Site”); and
WHEREAS the Director of Development Services has reviewed the Project for compliance
with the California Environmental Quality Act (“CEQA”) and determined that the Project was
adequately covered in the previously adopted Final Environmental Impact Report for the Urban
Core Specific Plan (“FEIR06-01”; SCH#2005081121; and certified by Resolution No. 2007-097
on April 26, 2007). The Director of Development Services has determined that minor technical
changes or additions to the document are necessary and that none of the conditions described in
Section 15162 of the CEQA Guidelines requiring the preparation of a subsequent document exist
and has, therefore, called for the preparation of an Addendum to FEIR 06-01; and
WHEREAS City staff recommends approval and adoption of the Addendum to FEIR 06-
01 and Design Review Permit (DR22-0003) (“DRP”) for the Project; and
WHEREAS the City Planning Commission has reviewed and considered the Staff Report
and related materials for the Addendum to FEIR 06-01 (including its Technical Reports) and DRP
No. 22-0003 for the Project, as well as other Project materials; and
WHEREAS the Director of Development Services set the time and place for a hearing
before the Planning Commission for consideration of Addendum to FEIR 06-01 and DRP No. 22-
0003, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City and its mailing to property owners and residents within
500 feet of the exterior boundaries of the Project Site at least 10 days prior to the hearing; and
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WHEREAS the hearing on the Project was held at the time and place as advertised in the
Chula Vista Council Chambers, 276 Fourth Avenue, before the Planning Commission, and the
hearing was thereafter closed;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby makes the following findings:
All Whereas clauses above are true and are incorporated in full into these findings.
Findings Regarding the Addendum to FEIR 06-01:
1. The City Planning Commission has reviewed and considered the Addendum to
FEIR 06-01for the Project as the Lead Agency pursuant to CEQA and finds, based
on substantial evidence contained in the record materials, including the Addendum
and its Technical Reports, that the Addendum to FEIR 06-01 is adequate, complete
and contains all information required under CEQA and the State CEQA Guidelines.
Findings Regarding the Design Review Permit No. 22-0003:
1. The proposed development is consistent with the City of Chula Vista’s General
Plan, Title 19 of the Chula Vista Municipal Code, and the standards set forth in
the Urban Core Specific Plan.
The Project complies with the City of Chula Vista’s General Plan and Title 19 of the
Chula Vista Municipal Code (“CVMC”). The Project complies with the applicable
development standards outlined in the UCSP regarding use, building height, setbacks,
parking, and open space. The Project exceeds minimum standards for many of these
development aspects and includes future dedication of a public park, as well as
pedestrian and seating amenities along transportation corridors fronting and providing
access to the Project Site. Recreation areas and amenities are provided throughout the
site to create an active community with convenient, walkable access to goods and
services.
2. The design features of the proposed development are consistent with, and are a
cost-effective method of satisfying, the Urban Core Specific Plan Design
Guidelines, the City of Chula Vista Design Manual, and the City of Chula Vista
Landscape Manual.
The proposed building design incorporates several desired features from the UCSP
Design Guidelines, such as varied facades and roof articulation with a Spanish
architectural theme. Two- and three-story buildings provide different layouts and unit
counts to create a variety of scale and building massing. Wall planes are staggered to
draw attention to entries and architectural features while creating a horizontal building
stepback. The proposed architectural style includes various light-colored stucco walls
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with darker accent colors, decorative tile, and arched openings. Four different color
schemes are proposed throughout the Project Site.
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings
above, does hereby approve the Design Review Permit No. 22-0003, subject to the following
conditions:
I. Unless otherwise specified, the following shall be accomplished to the satisfaction
of the Director of Development Services or their designee prior to issuance of
building permits:
Planning
1. The colors and materials specified on the building plans shall be consistent with the
colors and materials shown on the site plan and colored building elevations approved
by the Planning Commission.
2. A graffiti-resistant treatment shall be specified for all exterior wall and building
surfaces. Additionally, the Project shall conform to CVMC 9.20 regarding graffiti
control.
3. All roof appurtenances, including air conditioners and other roof-mounted equipment
and/or projections, shall be shielded from view and the sound buffered from adjacent
properties and streets as required by the Director of Development Services. Such
screening shall be architecturally integrated with the building design.
4. All ground-mounted utility appurtenances (transformers, air conditioning condensers,
etc.) shall be located out of public view and adequately screened using a combination
of concrete or masonry walls, berms, and/or landscaping. Transformers in the common
areas shall be wrapped to blend in with the surrounding development or otherwise
painted by local art students.
5. All exterior lighting shall include shielding to reduce any glare onto adjacent residences
and properties. Details for said lighting shall be included in the architectural plans.
6. The Applicant shall obtain a sign permit from the Development Services Department
for each proposed sign. Signs shall comply with all applicable requirements of the
CVMC and the UCSP Design Guidelines.
7. Per the Phase I Environmental Site Assessment report, a pre-demolition lead-based
paint (“LBP”) and asbestos containing materials (“ACMs”) report shall be submitted
and approved by the County of San Diego Department of Environmental Health prior
to any demolition work. The approval letter from the County of San Diego Department
of Environmental Health shall be submitted prior to the approval of a demolition
permit.
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8. Per the Phase I Environmental Site Assessment report, it is recommended to core the
asphalt parking lot to evaluate the potential presence of Petromat. The analysis/report
shall be submitted and approved by the County of San Diego Department of
Environmental Health to verify the presence of Petromat. The approval letter from the
County of San Diego Department of Environmental Health shall be submitted prior to
the approval of a demolition permit.
9. The Phase II Environmental Site Assessment shall be submitted to the County of San
Diego Department of Environmental Health to confirm no additional environmental
investigations are warranted for the property. The final closure letter from the County
of San Diego Department of Environmental Health shall be submitted prior to the
approval of a grading permit.
Land Development
10. The Applicant shall construct and maintain the Project Site in accordance with the
approved plans, which include the site plans, floor plans, elevations, and landscape
plans on file with the Planning Division, and with the conditions contained herein, and
comply with all requirements and guidelines of the CVMC; the UCSP; the Chula Vista
Subdivision Manual; City of Chula Vista Design and Construction Standards; the
Development Storm Water Manual for Development & Redevelopment Projects, The
Chula Vista Best Management Practices (“BMP”) Design Manual; the City of Chula
Vista Grading Ordinance No. 1797; and the State of California Subdivision Map Act.
11. The Applicant shall comply with all applicable conditions of the City’s Standard
Conditions of Approval per Section 5-300 Standardized Tentative Map Conditions of
the Subdivision Manual.
12. The Applicant shall obtain a Land Development Permit prior to beginning any
earthwork activities at the site and before issuance of Building Permits in accordance
with Municipal Code Title 15.04. Applicant shall submit Grading Plans in
conformance with the City’s Subdivision Manual and the City’s Development Storm
Water Manual requirements.
13. The Applicant shall ensure that all private lot drainage and slopes comply with the
current building code used by the City of Chula Vista.
14. Prior to approval of the Grading Plan and issuance of a Grading Permit that includes
off-site grading, the Applicant shall provide the City with Letters of Permission from
offsite property owner(s).
15. The following applies to all project retaining walls:
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a. Structural wall calculations are required if walls are not built per San Diego
Regional Standard Drawings, or City of Chula Vista Construction Standards GRD-
05.
b. Retaining walls that will be part of a building wall must be approved as part of the
Building Permit for the project.
c. Retaining wall drains shall tie into the drainage system
16. Prior to issuance of grading, construction and building permits the Applicant shall
document on applicable plans compliance with the requirements pertaining to Best
Management Practices (“BMPs”). The Applicant shall develop and implement post
construction BMPs in accordance with the most recent regulations at the time of
grading, construction and building permit issuance.
17. Prior to the issuance of any Building Permit within the Project, the Applicant shall
provide the City with proof of Pad Certification.
18. Applicant shall provide a letter from the site that will be accepting any proposed export
material, if any. In addition, a transportation permit is required prior to grading permit
issuance, if required.
19. Applicant shall provide a letter from the soil engineer for any material to be used in
backfilling on site or offsite, prior to using the material. This is applicable also for
material excavated from the site. In addition, a transportation permit is required prior
to grading permit issuance, if required.
20. Permanent storm water requirements, including site design, source control, treatment
control, and hydromodification control BMPs, all as shown in the approved Priority
Development Project (“PDP”) Stormwater Quality Management Plan (“SWQMP”),
shall be incorporated into the project design, and shall be shown on the plans. Provide
sizing calculations and specifications for each BMP.
21. Prior to issuance of any grading, construction, or building permits (whichever occurs
first), the Property Owner (Chula Vista Anchor Acquisition I LLC) shall enter into a
Storm Water Management Facilities Maintenance Agreement for the perpetual
maintenance of all permanent BMPs within the Project Site. All proposed BMPs for
this Project shall be funded, owned, and maintained by the Applicant into perpetuity
and at no cost to the City.
22. The Applicant shall submit detailed Operation & Maintenance (“O&M”) plan for all
permanent BMPs as required by the City to preserve the intended pollution control
and/or flow control performance of the BMP. Upon completion of construction of
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BMPs/project, update/finalize O&M Plan to reflect constructed structural BMPs with
as-built plans and baseline photos.
23. A complete and accurate Notice-of-Intent (“NOI”) must be filed with the State Water
Resources Control Board (“SWRCB”) for project covered under the Construction
General Permit (“CGP”). A copy of the acknowledgement from the SWRCB that a
NOI has been received for this project shall be filed with the City of Chula Vista when
received. Further, a copy of the completed NOI from the SWRCB showing the Permit
Number for this project shall be filed with the City of Chula Vista when received.
24. All construction sites are required to implement Construction BMPs in accordance with
the performance standards outlined in Appendix K of the BMP Design Manual. In
general: For projects disturbing one (1) acre or more requires coverage under and
compliance with the CGP, the construction BMPs must be identified in a Storm Water
Pollution Prevention Plan (“SWPPP”).
25. Prior to approval of any Final Map or Grading Plan for the Project, the Engineer of
Work shall submit and obtain approval by the City Engineer a waiver request for all
subdivision design items not specifically waived on the Tentative Map, and not
conforming to adopted City standards. The Engineer of Work request shall outline the
requested subdivision design deviations from adopted City standards and state that in
his/her professional opinion, no safety issues will be compromised. The waiver is
subject to approval by the City Engineer in the City Engineer's sole discretion.
Prior to issuance of the first building permit, the Applicant shall submit Covenants,
Conditions and Restrictions (“CC&R’s”) for review and approval per City’s Standard
Tentative Map (“TM”) Conditions No. 34 of City’s Subdivision Manual Section 5-300.
26. Prior to obtaining the first Building Permit, applicant shall submit Improvement Plans
for review & approval and obtain a Construction Permit to perform the following work
in the City’s right-of-way which include but not limited to:
a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per
SDRSD (G-02 and G-07 for non-monolithic or G-03 for monolithic) to the
satisfaction of the City Engineer, along the project’s frontages on H Street as
applicable. Sidewalk shall be designed and constructed with proper transitions to
existing conditions.
b. Removal and replacement of the existing pedestrian ramps located at the northeast
adjacent to H Street with directional ramps according to the City’s ADA standard
requirements as part of the improvement plans.
c. Additional asphalt paving for the replacement of the existing ADA ramps, curb,
gutter and sidewalk.
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27. Prior to approval of any Final Map showing public or private streets, the Applicant
shall obtain approval of street names, if any, to the satisfaction of the Development
Services Director and City Engineer.
28. Prior to issuance of any City permit, the Applicant shall obtain approval of all dry
utilities proposed on the TM from the applicable utility companies.
29. Prior to approval of any Final Map, the Applicant shall present verification to the City
Engineer in the form of a letter from Sweetwater Authority that the subdivision will be
provided adequate water service and long-term water storage facilities. The Applicant
shall comply with all of the Sweetwater Authority requirements, if any.
30. Prior to approval of any construction permit, the Applicant shall ensure that all
emergency access roads are designed with a Traffic Index of 5 and constructed out of
concrete or as approved by the City Engineer.
31. Prior to issuance of the first building permit, the Street Improvements plans and Rough
Grading, shall be completed to the satisfaction of the City Engineer and Director of
Development Services.
32. All driveways shall conform to the City of Chula Vista’s sight distance requirements
in accordance with Section 12.12.120 of the Municipal Code and Chula Vista standard
drawing RWY-05 (Sight Distance Requirements). Also, landscaping, street furniture,
or signs shall not obstruct the visibility of driver at the street intersections or driveways.
33. The Project shall comply with Chula Vista Standard Drawing RWY-05 for Corner
Sight Distance and Stopping Sight Distance. Prior to the issuance of a Grading Permit
or a Construction Permit, a Stopping Sight Distance and a Corner Sight Distance
analysis shall be submitted to demonstrate such compliance to the satisfaction of the
City Engineer.
34. Streets or driveways within the development shall be designated as private driveways.
35. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall
be required, as necessary. Utilities Trenching and Restoration shall be per Chula Vista
Construction Standard GSI-03.
36. Prior to issuance of any City permits, the Applicant shall obtain approval from the
Sweetwater Authority for any water utility work.
37. Any improvements in the right-of-way beyond the project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City
Engineer.
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38. The onsite sewer and storm drain system shall be private. All sewer laterals and storm
drains shall be privately maintained from each building unit to the City-maintained
public facilities.
39. The existing storm drainpipe fronting the project along the south side of H Street shall
be privately owned and maintained for perpetuity.
40. Sewer lateral and storm drain connections to existing public utilities. The Public Works
Operations Section will need to inspect any existing sewer laterals and connections that
are to be used by the new development. Laterals and connections may need replacement
as a result of this inspection.
41. Provide a separate sewer lateral for each dwelling unit. Sewer laterals are not allowed
under any proposed buildings.
42. The Applicant shall obtain approval of a Final Map showing condominium ownership
prior to development of condominiums within any Lot proposing mixed
residential/commercial or multi-family residential uses.
43. Dedicate on the Final Map a 17 feet easement from the Easterly project boundary
starting around I Street to the City of Chula Vista for the existing sewer main as shown
on the approved Tentative Map.
44. Dedicate on the Final Map a 24 feet Sewer and Access Easement to the City of Chula
Vista for sewer maintenance and access purposes on all private roads within the
development, as shown on the approved Tentative Map.
45. Dedicate on the Final Map an 11 feet Irrevocable OFFER of Dedication for public street
purposes to the City of Chula Vista along H Street.
46. For the proposed private sewer facilities, manholes shall be used where 6” mains or
larger are connected to public sewer.
47. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, Americans with Disabilities
Act (“ADA”) Standards, and Title 24 standards, as applicable.
48. Parking for model homes must be ADA compliant. Pedestrian ramps shall be
constructed per ADA standards and approved by the City Engineer, and California
Building Code (Title 24) as applicable.
49. Any private facilities (if applicable) within public right-of-way or City easement will
require an Encroachment Agreement prior to Improvement Plan or Building Permit
approval.
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50. It is the responsibility of the applicant to obtain any required permit from any agency
prior to the issuance of any City permit. In addition, the applicant shall implement
successfully any requirements stipulated in any permit.
51. Any street vacation, if any, will need to be done after the approval of the entitlement
associated with this project, and prior to issuance of any permit.
52. An Encroachment Agreement is required for any improvements (such as fence, asphalt
ramps, signs, etc.) located in street right of way, city easements or City owned Open
Space Lots prior to construction permit approval.
53. Prior to Final Map approval, the Applicant shall provide evidence that the proposed
existing San Diego Gas & Electric (“SDG&E”) Easement per Document Nos. 58580
and 88-659300 as shown on the Tentative Map has been Quitclaimed or provide a letter
of intent from SDG&E confirming their intent to Quitclaim.
54. Prior to Final Map approval, the Applicant shall provide evidence that the proposed
portion of the existing SDG&E Easement per Document Nos. 90-409455 and 90-
000843, as shown on the Tentative Map has been Quitclaimed or provide a letter of
intent from SDG&E confirming their intent to Quitclaim.
55. Prior to Final Map approval, the Applicant shall provide evidence that the proposed
portion of the existing water Easement to Sweetwater Authority per Document # 90-
235376, as shown on the Tentative Map has been Quitclaimed or provide a letter of
intent from Sweetwater Authority confirming their intent to Quitclaim.
56. Prior to Final Map approval, the Applicant shall provide evidence that the proposed
existing water Easement to California Water and Telephone Company per Document
no. 51397, as shown on the Tentative Map has been Quitclaimed or provide a letter of
intent from California Water and Telephone Company confirming their intent to
Quitclaim.
57. With the approval of any final maps, grading, and public or private improvement plan,
the Applicant shall upload digital files in a format such as Auto CAD DWG or DXF
(AutoCAD version 2000 or above), ESRI GIS shapefile, file, or personal geodatabase
(ArcGIS version 9.0 or above). The files should be transmitted directly to the GIS
section using the city's digital submittal file upload website at:
http://www.chulavistaca.gov/goto/GIS. The data upload site only accepts zip
formatted files.
58. The Applicant is advised that there may be additional requirements set at the time
his/her development takes place, depending upon final plans submitted for Grading,
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Improvements and/or Building Permits. This response is based solely on the material
that were submitted for our review.
Fire
59. The Applicant shall apply for and obtain required building permits. Said permits shall
comply with applicable codes and requirements including, but not limited to, the
current edition(s) of the California Building Code (“CBC”) and California Fire Code
(“CFC”) as may be amended by the City of Chula Vista.
60. For the 3 Story Buildings, the design shall comply with all Group R -3 Townhome
requirements of the CA Residential Code; e.g. each unit shall have its own separate
utilities (gas, electric, fire sprinkler/domestic water lateral, hvac, etc.). Common walls
shared by two units shall not contain any utilities in accordance with section R302.2.2
except for electrical boxes in accordance with R302.4. In addition, Townhomes are
required to be provided with a yard or public way on at least two sides; courtyards
shown for some buildings do not comply with the definition of a yard. If Group R -3
Townhomes are not your design intent, please revise and show group them as a R-2
occupancy. Group R-2 occupancies of Type VB construction and of 3 stories shall be
protected by a fire sprinkler system in accordance with NFPA 13.
61. Plans for the design and construction of on-site/private underground fire service
utilities are required to be included within a permit submitted to the Development
Services Department in the form of a Private Utility Building Permit or as a separate
permit directly with the City of Chula Vista Fire Department (“CVFD”).
62. For 33,250 square feet of Type VB construction, this project will require a fire flow of
3750 gallons per minute for a 3-hour duration at 20 p.s.i. CVFD allows a 25% reduction
in fire flow when the building is protected by a fire sprinkler system. The fire flow
number above has already been reduced by 25%.
63. Based upon the required fire flow for Type VB construction type, a minimum of 4 fire
hydrant(s) are/is required to serve this project.
64. Fire Hydrants shall be located and spaced in accordance with California Fire Code,
Appendix C and all exterior portions of the proposed building shall be within 400 feet
of a hydrant, as measured by an approved method.
65. Fire apparatus access roads shall be provided for every facility or building and shall
extend to within 150 feet of all portions of the facility and all portions of the exterior
walls of the first story of the building as measured by an approved route around the
exterior of the building. CVFD will consider enhancements to fire protection systems
if not already required by Bldg./Fire Code.
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66. Fire apparatus access road dimensions shall be a minimum of 20 feet in width and have
an unobstructed vertical clearance of 13 feet 6 inches. On the building permit, perform
an Auto-Turn analysis using CVFD auto turn data and transpose results on the site plan.
Park Development and Landscape Improvements
67. Dedicate on the Final Map an Irrevocable Offer of Dedication to the City over Lot A
(0.5 ac) for Public Park purposes.
68. Prior to approval of the Final Map, applicant shall enter into a Park Agreement with
the City for the development (including design and construction) and long-term
maintenance of a public park on Lot A (0.5 ac), as well as provisions for satisfying
remaining Park Acquisition and Development (“PAD”) fee obligations (1.41 ac) for
the Project. Lot A shall be free and clear of any easements, encumbrances, deed
restrictions or other restrictions to park facility development, in accordance with the
City of Chula Vista’s Parks and Recreation Manual.
69. Prior to the second submittal of the building permit set, Applicant shall submit a
complete set of Landscape Improvement plans for review and approval by the Director
of Development Services or designee. For further information about submitting
Landscape Improvement plans and to download a Landscape Improvement review
packet see the following link.
https://www.chulavistaca.gov/departments/development-
services/resources/dsdformsspecifications Said plans shall conform to the following
City documents including but not limited to:
a. Landscape Water Conservation Ordinance (“LWCO”), Chapter 20.12 of the City
of Chula Vista Municipal Code
b. City of Chula Vista Landscape Manual
c. Shade Tree Policy (576-19)
70. Prior to the approval of any improvement plans for the project, Applicant shall prepare
an exhibit showing a sidewalk along the east side of 5th Avenue, south of H Street that
provides adequate space for pedestrian traffic flow around the relocated palms and
adjacent buildings/landscape, to the satisfaction of the Director of Development
Services, or designee. Sidewalk width around the palms shall consider heavy traffic
with the expected pedestrian flows due to children walking to and from the local
elementary and middle schools, one block to the north.
71. Street furnishings (pedestrian scale lights, benches, etc.), street trees, and any other
landscaping along I Street that satisfy Urban Core Specific Plan requirements shall be
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shown on the improvement plans for the project, installed by the Applicant and
maintained in perpetuity by the project’s HOA/Owner.
72. Prior to the final building inspection, the Owner shall have installed Landscape
Improvements and have had said improvements inspected by City staff, per approved
Landscape Improvement Plans, to the satisfaction of the Director of Development
Services or designee.
Environmental Services
73. Prior to approval of the first building permit, the Applicant shall show the locations of
signs prohibiting parking in waste collection areas, where bins will be placed at the
edge of parking aisles. The signs shall also specify that residents shall not park within
the designated area(s) beginning Tuesdays at 6:00 PM and ending Wednesdays at 6:00
PM. Residents shall only place waste collection bins in the designated areas for
collection beginning Tuesdays at 6:00 PM and ending Wednesdays at 6:00 PM.
II. The following ongoing conditions shall apply to the Project Site as long as it relies
upon this approval:
1. Approval of this Project shall not waive compliance with any provisions of the CVMC
nor any other applicable laws and regulations in effect at the time of building permit
issuance. Further, the Applicant/Owner shall timely comply with all applicable
mitigation measures contained in FEIR 06-01 and the Mitigation Monitoring and
Reporting Program for FEIR 06-01.
2. The Property Owner and Applicant shall and do agree to timely and fully indemnify,
reimburse, protect, defend, and hold harmless the City, its City Council members,
Planning Commission members, officers, employees, and representatives from and
against any and all liabilities, losses, damages, demands, claims, and costs, including
any costs and expenses to prepare the administrative record for any challenge to the
Project approvals and/or compiling a response to a Public Records Act request(s) to
provide the record of proceedings materials for the Project, the City’s costs to retain its
own defense counsel to defend any challenge to any Project-related approvals, court
costs and attorney’s fees (collectively, liabilities) incurred by the City arising, directly
or indirectly, from (a) any environmental determinations; (b) the City’s approval and
issuance of this permit; and (c) the City’s approval or issuance of any other permit or
action, whether discretionary or non-discretionary, in connection with the use
contemplated on the Project Site. The Property Owner and Applicant shall
acknowledge their agreement to this provision by executing a copy of this permit where
indicated below. The Property Owner’s and Applicant’s compliance with this provision
shall be binding on any and all of their successors and assigns.
3. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City’s Growth Management Ordinance (including its Water
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Conservation Plan) ; Chula Vista Landscape Manual, Chula Design Plan and the Non-
Renewable Energy Conservation Plan as amended from time to time, unless
specifically modified by the appropriate department head, with the approval of the City
Manager. These plans may be subject to minor modifications by the appropriate
department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the Planning Commission.
4. This permit shall expire if not utilized within three years of the approval date (January
24, 2026) or the end of any appeal period unless the Applicant initiates an extension
prior to expiration of the permit in accordance with Section 19.14.600 of the CVMC.
III. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), notice is hereby given that the 90-day
period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution; that any such
protest must be in a manner that complies with Government Code Section 66020(a); and
that failure to follow this procedure in a timely manner will bar any subsequent legal action
to attack, review, set aside, void, or annul imposition. The right to protest the fees,
dedications, reservations, or other exactions does not apply to planning, zoning, grading, or
other similar application processing fees or service fees in connection with the project, nor
does it apply to any fees, dedication, reservations, or other exactions that have been given
notice similar to this, nor does it revive challenges to any fees for which the statute of
limitations has previously expired.
IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document by signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood, and agreed to the conditions contained herein and will implement same. Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped
copy shall be returned to the Development Services Department. Failure to return the
signed and stamped copy of this recorded document within 10 days of recordation shall
indicate the Property Owner/Applicant’s desire that the Project and corresponding
application(s) for building permits and/or a business license be held in abeyance without
approval.
Property Owner:
Chula Vista Anchor Acquisition I LLC,
a Delaware limited liability company
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___________________________________ ________________
By: James Varsamis, Authorized Signatory Date
Applicant:
Brookfield Properties Development
____________________________________ ________________
By: Colin Koch, Director of Land and Housing Date
Development
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to be met, or in the case that they are, by their terms,
to be implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions; or seek damages for their violation. Failure
to satisfy the conditions of this permit may also result in the imposition of civil or criminal
penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision, and condition herein
stated and that, in the event that any one or more terms, provisions, or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable,
this Resolution and the permit shall be automatically revoked and of no further force and
effect.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 25th day of January 2023, by the following vote, to-wit:
AYES: Burroughs, Combs, De La Rosa, Felber, Milburn, Torres, Zaker
NOES: 0
ABSENT: 0
ABSTAIN: 0
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______________________________
Max Zaker, Chair
ATTEST:
____________________________
Patricia Salvacion, Secretary
Presented by: Approved as to form by:
_________________________ ____________________________
Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney
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