HomeMy WebLinkAboutResolution 2023-21
Attachment 4
RESOLUTION NO. 2023-21
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING TENTATIVE MAP NO. TM23-0003 FOR THE
SUBDIVISION OF ONE EXISTING 8.21-ACRE PARCEL INTO SEVEN
INDIVIDUAL LOTS IN THE AUTO PARK EAST SPECIFIC PLAN
LOCATED AT 750 MAIN STREET
WHEREAS, on April 14, 2022, a duly verified application for a Tentative Map (TM22-
0003) was filed with the City of Chula Vista Development Services Department by Pemcor
Properties, Inc. and
WHEREAS, the area of land subject of this Resolution is an existing and previously
graded vacant 8.21-acre parcel located at 750 Main Street (Project Site) within the Auto Park
East Specific Plan; and
WHEREAS, the Applicant requests approval to subdivide an 8.21-acre site into seven
parcels for the development of seven separate supportive uses as allowed by the Auto Park East
Specific Plan (Project); and
WHEREAS, The Director of Development Services has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined
that the Project and its resulting potential environmental impacts were adequately covered and
studied in a previously adopted and certified Mitigated Negative Declaration No. IS02-010
(SCH#91061074), for the Chula Vista Auto Park East Specific Plan (Specific Plan) and
incorporated by reference in Resolution No. 2004-182 on June 1, 2004, in accordance with
CEQA. Thus, no further environmental review is required; and
WHEREAS, City staff recommends approval and adoption of Tentative Map No. TM22-
0003; and
WHEREAS, the Director of Development Services set the time and place for a hearing
before the Planning Commission for consideration of Tentative Map No. TM22-0003, 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
WHEREAS, the hearing 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;
WHEREAS, the Planning Commission reviewed and considered the Staff Report and
related materials for Tentative Map No. TM22-0003, as well as other Project materials, in
accordance with all City Codes and requirements and with State law.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
find and determine as follows:
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 2
I. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the Planning
Commission finds that the Tentative Subdivision Map No. TM22-0003, as conditioned
herein, is in conformance with the elements of th and other
associated regulatory documents, as well as with State law, based on the following:
1. Land Use
The General Plan land use designation is Limited Industrial within the Auto Park East
Specific Plan (Specific Plan). The proposed Project must adhere to the Specific
Plan as it supersedes the inconsistent provisions or regulations of the underlying zone
of Limited Industrial Precise Plan. The Specific Plan permitted use table allows
supportive uses such as restaurants, auto repair, carwash, and service stations as
currently proposed.
2. Circulation
Main Street is a prime arterial and a corridor from the west side of Chula Vista to the
eastern end. The Project site is east of the 805 and west of Heritage Road where an
emphasis on enhanced landscaping frontage is required. The Project Site will be
accessed via two entryways, along Main Street. A private road provides reciprocal
access throughout the site with a larger 30-ft drive aisle through the site which grants
ingress and egress throughout the site from east to west.
Due to the proposed uses, a queueing analysis was reviewed in consideration of a
potential impact to the on/off-site circulation. The analysis disclosed a variation in
potential tenants between moderate and high-demand users. Potential tenants will be
moderate users and will not impact public streets with queueing from the Project Site.
All off-site public streets required to serve the Project already exist. Any public
improvements to existing public streets will be constructed and paid for by the
Applicant in accordance with the Conditions of Approval for the Project. The on-site
circulation system is designed in accordance with the City design standards and/or
requirements and provides for vehicular and pedestrian connections.
3. Public Facilities
The Applicant must submit additional technical plans and studies for review prior to
issuance of building permits for the Project, in keeping with City ordinances and the
California Building Code. These plans and studies include a water conservation plan,
a sewer study, and an Air Quality Improvement Plan to ensure that all necessary
public facilities and services will be available to serve the Project concurrent with the
demand for those services.
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 3
4. Housing
The Project is proposed within the Specific Plan as a regional destination for
automobile sales and service park with supporting uses and will not add housing to
the City of Chula Vista. The Specific Plan does not permit residential housing units..
5. Growth Management
The Project is within the Specific Plan with a General Plan designation of Limited
Industrial, both of which support the addition of commercial supportive uses within
the area. The Project will pay its fair share of Development and In-Lieu Fees as
required per the Chula Vista Municipal Code (CVMC).
6. Open Space and Conservation
The Applicant will include an 11-foot trail easement, via irrevocable offer of
dedication on the Tentative Map, along the top of slope. The trail will be adjacent to
the southern boundary of the Project Site and will serve as part of the future proposal
to expand the Otay River Valley trail. As proposed, the trail will connect to the
easements west of the property and up to Main Street for the future expansion
eastward.
7. Parks and Recreation
The proposed Project would not induce population growth, as it is a commercial and
industrial project. The project would not impact existing or proposed recreational
facilities.
8. Safety
The City Engineer, Fire and Police Departments have reviewed the proposed Project
for conformance with City safety policies and have determined that the proposal
meets those standards.
9. Noise
The Project has been reviewed for compliance with the Noise Element and will
comply with applicable noise measures at the time of issuance of the first building
permit.
10. Scenic Highway
Main Street is designated as a Scenic Roadway, per the General Plan. The Project
features modern architecture to complement the auto dealerships and surrounding
industrial businesses as well as a 20-foot landscape buffer to enhance streetscape
frontage.
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 4
B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of
lots for natural and passive heating and cooling opportunities and development of the site
will be subject to site plan and architectural review to insure the maximum utilization of
natural and passive heating and cooling opportunities.
C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Planning
Commission has considered the effect of this approval on the housing needs of the region
and has balanced those needs against the public service needs of the residents of the City
and the available fiscal and environmental resources.
D. Pursuant to Government Code Section 66474(a)-(g) of the Subdivision Map Act, the
Planning Commission finds that the proposed Project:
1. Is consistent with applicable general and specific plans as specified in Government
Code Section 65451. The Project will remain consistent with the Chula Vista General
Plan land use, transportation, economic development, housing, public facilities and
services, environmental and growth management objectives, and policies. The land
uses proposed for development within the project site will be consistent with those
depicted in the Specific Plan.
2. Design or improvement is consistent with applicable general and specific plans. The
General Plan establishes the vision for this part of the City, and the Specific Plan
defines the land use character and mix of uses, design criteria, circulation system, and
public infrastructure requirements for the project. The Tentative Map No. TM22-0003
is consistent with these general and specific plans.
3. The Project Site is not suitable for residential development.
4. The Project Site is physically suitable for the type of development. The Project is
surrounded by existing commercial development to the north and west, with vacant
land to the east and the Otay River Valley preserve to the south. The design of the
subdivision and proposed improvements, with implementation of applicable
mitigation measures, are not likely to cause environmental damage or substantially
and avoidably injure fish or wildlife or their habitat.
5. The design of the subdivision or improvements are not likely to cause serious public
health problems to the surrounding community.
6. Subdivision or improvements will not conflict with easements, acquired by the public
at large, for access through or use of property within the proposed subdivision. The
governing body may approve a map if it finds that alternate easements, for access or
for use, will be provided, and that these will be substantially equivalent to ones
previously acquired by the public. This subsection shall apply only to easements of
record or to easements established by judgment of a court of competent jurisdiction
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 5
and no authority is hereby granted to a legislative body to determine that the public at
large has acquired easements for access through or use of property within the
proposed subdivision.
E. The Project Site is not zoned for residential development and will not be developed as a
residential project.
F. The conditions herein imposed on the permit or other entitlement herein contained are
reasonably related to impacts created by the proposed Project, and approximately
proportional both in nature and extent to the impact created by the proposed Project.
II. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL
Unless otherwise specified or required by law or by the Conditions of Approval stated
herein: (a) the Conditions of Approval and Code requirements set forth below shall be
completed prior to the related Final Map approval and consent to recordation by the City
as determined by the Development Services Director and the City Engineer, or designees.
Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than
fee title. Where an easement is required, the Applicant shall be required to provide
subordination of any prior lien and easement holders in order to ensure that the City has a
first priority interest and rights in such land unless otherwise excused by the City. Where
fee title is granted or dedicated to the City, said fee title shall be free and clear of all
encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these Conditions of Approval for
TM22-0003, or between the Conditions of Approval for TM22-0003 and for DR22-0009,
any conflict shall be resolved by the City Engineer or Development Services Director or
their designee in a manner to ensure compliance with all applicable laws, regulations,
standards, and guidelines for the Project and protection of the public interest.
The City reserves the right to require additional information related to technical plans,
studies, and/or reports deemed conceptually complete during its review of the Tentative
Map and related Design Review Permit.
GENERAL/DEVELOPMENT SERVICES
1. The Applicant shall develop and maintain the Project Site in accordance with the
approved plans, which include site plans, floor plans, landscape plans, and elevation
plans on file in the Planning Division, the conditions contained herein, and Title 19 of
the CVMC.
2. Design Review Permit No. DR22-0009 shall be approved in conjunction with the
approval of Tentative Map No. TM22-0003.
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 6
Land Development
3. The Applicant shall comply with all requirements and guidelines of the Specific Plan;
the CVMC; the Chula Vista Subdivision Manual; City of Chula Vista Design and
Construction Standards; the Development Storm Water Manual for Development &
Redevelopment Projects; the City of Chula Vista Grading Ordinance No. 1797; the
State of California Subdivision Map Act; and any other applicable regulations or
requirements.
4. Prior to Final Building inspection, the infrastructure serving the Project Site shall be
constructed and fully operational to the satisfaction of the Director of the
Development Services Department, or designee.
5. The Applicant and Project shall comply with all applicable cond
Standard Conditions of Approval per Section 5-300 Standardized Tentative Map
Conditions of the Subdivision Manual.
6. All driveways shall conform to the City of Chula Visight distance requirements
in accordance with Section 12.12.120 of the CVMC 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.
7. The Applicant shall grant to the City of Chula Vista a 12-foot Right-of-Way
(ROW) Street Dedication along Main Street as shown on TM22-0003 for the
Project, per the latest Chula Vista Construction Standard Drawing RWY-01.
8. The Applicant shall grant the City a 20-foot Landscaped Buffer Area Easement along
Main Street per the latest Chula Vista Construction Standard Drawing RWY-01.
9. Consistent with sections III. I. and VII. B. of the Specific Plan, the Applicant shall
grant the City a 11-foot Trail Corridor Easement as depicted on TM22-0003.
10. Prior to the issuance of the first building permit, the Applicant shall vacate the trail
corridor easement as shown on Parcel Map 18372 recorded November 12, 1999, per
document No. 1999-752372 of official records.
11. The Applicant shall identify on the Final Map Private and Reciprocal Easements for
Drainage, Sewer, Parking, and Access (as applicable) over Parcels 1 thru 7 for the
benefit of Parcels 1 thru 7. Said easements shall be conveyed from and to the
subsequent owners of Parcels 1 thru 7, pursuant to Section 18.20.240 of the CVMC.
12. If a high-demand restaurant occupies either Building A, B, or D on the Project Site,
then the Applicant and Project are conditioned with the following:
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 7
a. If queues extend beyond the provided storage areas, restaurant operators shall
implement an expedited ordering process during peak demand periods to
reduce wait times (this may include additional staff to reduce order
preparation times, staff stationed in the parking lot to take drive-through
orders, and/or remote ordering).
b. At rant operators shall meet and confer with the City
to minimize traffic disruptions caused by queuing. The operators shall
implement overflow contingency plans as necessary to avoid queues on public
streets based on City observations, which may occur in response to input from
motorists.
13. Prior to recordation of a Final Map for the Project, the Applicant shall submit
Covenants, Conditions, and Restrictions (CC&Rs) for the Project Site for review
and written approval by the City appTentative Map (TM)
Conditi-300. In addition, the
Applicant shall include in the CC&Rs for the Project Site a shared parking condition
that will permit nonexclusive parking throughout the Project Site without being lot-
specific.
14. Prior to the approval of the Final Map, the Developer shall enter into a Declaration
of Covenant Aprovide Sewer, Water, Drainage, and Vehicular and
Pedestrian Access Easements in perpetuity for utility, vehicular, and pedestrian access
to Main Street across Parcels 1 through 7 for the benefit of said Parcels as identified
on TM22-0003. Said Agreement shall be prepared to the written satisfaction of the
Director of Development Services, or their designee, and shall be recorded
concurrently with the Final Map.
15. The Applicant shall obtain a Construction Permit to construct the private driveways
and associated Public Improvement Plans, Traffic Signal and Striping Improvement
Plans in the CRight of Way (ROW), prior to issuance of any Building Permit.
a. Applicant shall obtain a Construction Permit from the Land Development
Division of the Development Services Department to perform the following
ROW prior to obtaining any Building Permit for the
Project:
1) Construct street widening and street improvements along Main Street
along the entire frontage of the subject property as shown on TM22-0003
in accordance with City Standards. Improvements shall include, but not be
limited to, non-monolithic curb, gutter, and sidewalk per San Diego
Regional Standard Drawings (SDRSD) G-02, and G-07. Driveway and
driveway approaches per Chula Vista Construction Standard Drawing
GSI-01, asphalt concrete paving, processed miscellaneous base, drainage
facilities, and street trees. Design shall be in accordance with CVD-ST16.
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 8
2) Transitions to existing street improvements along Main Street shall
include but not be limited to curb, gutter, sidewalk, and asphalt pavement
needed to feather into existing pavement as required by the City Engineer.
3) Installation of driveways meeting design standards as shown in Chula
Vista Construction Standard Drawing GSI-01. Dedication of ROW as
needed in order for driveway to comply with Americans with Disabilities
Act (ADA) requirements.
4) Installation of pedestrian ramp along Main Street per SDRSD G-27,
SDRSD G-31, and SDRSD G-39.
5) Utilities Trenching and Restoration per Chula Vista Construction Standard
Drawing GSI-03.
6) All proposed sewer laterals shall have clean outs at the property line on
property side and shall be in accordance with SDRSD SS-01.
7) Any existing sewer laterals on Main Street no longer to be used for the
project, must be abandoned in place as approved by City Inspector.
8) The proposed closure of any existing driveways shall be replaced with a
curb, gutter, and sidewalk per SDRSD G-02 and G-07.
9) Removal and replacement of any broken or damaged curb, gutter, and
sidewalk per SDRSD G-02 and G-07 along the pro
satisfaction of the City Engineer. Sidewalk shall be designed and
constructed with proper transitions to existing condition.
10) Modification to Traffic Signal. A traffic study of the intersection shall be
required; full analysis of the traffic intersection to determine what
improvements will be needed, analysis of what type of signal operations
will be approved (split phase), queue analysis for the entrance and exit.
South leg design determination will be required as approved by the
Traffic Engineer.
b. Traffic signal and striping Improvement Plans shall include the following:
1) The west access from Main Street shall be restricted to Right-in/Right-out
only.
2) Signage & striping plans shall show Right-in/Right-out required signs.
3) Plans shall include a stop sign, limit line, and pavement legend for
motorists exiting onto Main Street from the west access.
4) Plans shall include traffic signal modification with traffic study addition of
the traffic intersection.
5) Plans shall include two (2) directional pedestrian ramps in the southeast
corner of the intersection to connect to the east and south leg crosswalks.
One of the directional pedestrian ramps shall align with the proposed
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 9
pedestrian ramp on the southwest corner. Cross walk realignment on the
south leg of the intersection will be required.
16. Applicant shall bond for Public Improvements prior to Final Map approval, issuance
of Building Permits or any other grants of approval for the development of the
Project. Said facilities shall be designed and constructed in compliance with City
standards. A Construction Permit will be required for all work to be accomplished
within street ROW.
17. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall
be required, as necessary. Prior to issuance of any City permit, the Applicant shall
obtain approval of all dry utilities proposed on the TM No. TM23-0003 from the
applicable utility companies.
18. Any improvements in the ROW beyond the project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City
Engineer.
19. Prior to beginning any earthwork activities at the site and before issuance of any
Building Permit, the Applicant shall submit grading plans for processing, reviewing,
and permitting in accordance with CVMC Chapter 15.04. Plans shall be in
conformance with t
Management Practices (BMP), and BMP Design Manual.
20. Applicant shall enter into a Storm Water Management Facilities Maintenance
Agreement to perpetually maintain and fund all Post Construction Permanent BMP
facilities including Site Design and Source Control BMPs within the project to the
satisfaction of the City Engineer, prior to the issuance of the Grading, Construction,
or Building Permit, whichever occurs first.
21. Applicant shall submit a detailed Operation and Maintenance (O&M) plan for all
permanent BMPs including Site Design and Source Control 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 BMPs/Project, update/finalize O&M Plan
to reflect constructed structural BMPs with as-built plans and baseline photos.
22. Prior to grading permit issuance, Applicant shall provide a complete and accurate
Notice-of-Intent (NOI) filed with the State Water Resource Control Board
(SWRCB) for the project as 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 Waste Discharge Identification
(WDID) number for this project shall be filed with the City of Chula Vista when
received.
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 10
23. Streets or driveways within the Project Site shall be designated as private driveways.
24. 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.
25. The onsite sewer and storm drain system on the Project Site shall be private. All sewer
laterals and storm drains shall be privately maintained from each building unit to the
City-maintained public facilities.
26. The Public Works Operations Section will need to inspect any existing sewer laterals and
connections that are to be used by Project. Laterals and connections may need
replacement as a result of this inspection.
27. The following applies to all site retaining walls:
a. When Grading Plans are submitted for a Grading Permit, all retaining walls
shall be noted on the Grading Plans and include a detailed wall profile.
b. Structural wall calculations are required if walls are not built per SDRSD, or
City of Chula Vista Construction Standard Drawing GRD-05.
c. Retaining walls that will be part of a building wall must be approved as part of
the Building Permit for the project.
d. Retaining walls around trash bins (if any) shall be noted on the Grading Plans
and called out per standard.
e. Retaining wall drains shall tie into the drainage system.
28. Prior to approval of the Grading Plans, the Applicant shall clearly identify the limits
of the existing and proposed 100-year flood plain boundaries of the drainage way
located within the Site.
29. Prior to Grading Bond release for the project, a Letter of Map Revision (LOMR)
through the Federal Emergency Management Agency (FEMA) shall be finalized to
document the project is no longer located within the flood plain.
30. Prior to issuance of any Building Permit within the Project, the Applicant shall
provide the City with proof of Pad Certification.
31. Otay Municipal Water District shall be provided prior to
issuance of the first Building Permit or prior to the first improvement plans approval.
32. 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.
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 11
33. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking for
people with disabilities shall be designed to meet the City of Chula Vista Design
Standards, ADA Standards, and Title 24 standards, as applicable.
34. Proposed private water and fire lines structures are to be submitted on a separate
Building Plan and permitted by the Building and Fire departments.
35. Proposed Fire Access Roads and Driveways shall meet H-20 Loading requirements or
shall be designed for a Traffic Index (T.I.) of 5.
36. The proposed trash enclosures shall be covered trash enclosures, and shall meet the
requirements of City of Chula Vista BMP Manual, Fact Sheet SC-Q.
37. Applicant shall obtain an Encroachment Permit for any private facilities within public
ROW and/or City easements prior to construction permit or any building permit
issuance.
38. Project shall maintain compliance with any applicable visual/aesthetic design
requirements of the Specific Plan.
39. The project will feature automotive-related uses, including a car wash, service station,
and collision center, with four drive-through restaurants. The layout of the buildings
is as follows:
Building A: 2,271 SF drive-through restaurant
Building B: 2,092 SF drive-through restaurant
Building C: 4,447 SF retail car wash
Building D: 2,304 SF drive-through restaurant
Building E: service station with 4,625 SF convenience store and 4,596
SF canopy covering eight dispensers
Building F: 2,221 SF drive-through restaurant
Building G: 16,891 SF collision (auto-repair) facility
a. Per Section 13.10.150 of the CVMC, all food establishments shall install a
grease pretreatment device in the waste line leading from the food preparation
area, or from sinks, drains, appliances and other fixtures or equipment used in
food preparation or cleanup, to where grease may be introduced into the
sewerage system.
b. Food establishment projects will be required to apply for an Industrial
Wastewater Permit for Food Establishments (FOG Permit) before the
approval of building plans.
c. The project will be required to pay sewer fees per Chapter 12 of the Ci
Master Fee Schedule before approval of building plans.
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 12
d. Design the proposed carwash to include a pre-treatment system (e.g.,
wastewater clarifier) and construction feature or device to ensure stormwater
does not enter the Ci sewer system.
e. The carwash and the auto-repair businesses will need to apply to the City of
San Diegormit before approval of building plans. Please
visit the following website for more information:
https://www.sandiego.gov/public-utilities/permits-construction/industrial-
user-permits
40. Prior to Grading Plan approval or Final map approval, the Applicant shall upload
digital files in a format such as AutoCAD 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.
41. The Applicant agrees not to protest any future formation of a special tax district that
may be formed by the City in the future.
Fire
42. 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.
Landscape Architecture
43. Prior to the second submittal of the building permit set, applicant shall submit a
complete set of Landscape Improvement plans for review and approval and signature
by the Director of Development Services or designee. Said plans shall conform to the
following but not limited to:
a. Landscape Water Conservation Ordinance (LWCO), Chapter 20.12 of the
CVMC
b. City of Chula Vista Landscape Manual
c. Shade Tree Policy (576-19)
44. Before the City issues a Certificate of Occupancy of any form for the building of the
Project, the Applicant shall have completed the installation of landscape
improvements associated with the building per approved Landscape Improvement
plans to the satisfaction of the City of Chula Vista Landscape Inspector and the
Director of Development Services or designee.
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 13
45. Prior to the final building inspection, the Applicant shall have installed landscape
improvements associated with the Project, per all approved and signed Landscape
Improvement plans to the satisfaction of the City of Chula Vista Landscape Inspector
and of the Director of Development Services or designee.
46. Prior to the issuance of the final map, the applicant shall include a note and graphic
explanation on the final map that the project will in perpetuity, keep the landscape
buffer along Main Street clear of any private stormwater facilities, as well as private
improvements except for only driveways, pre-approved signage and the fourteen (14)
northern edge parking spaces on the gas station site encroaching a maximum of 10-
0 as shown on project approved plans.
47. Modified Irrigation within the new ROW will maintain continuity to the Open Space
area on the East side of the property.
48. New, modified irrigation in the parkway area will service and supply water to plants
being maintained by the City.
49. Under no circumstances will a cross connection of irrigation from the parkway to the
main property of 750 Main St be made.
50. The Applicant shall maintain irrigation serving the City maintained areas on the east
side of the property along Main Street, including six (6) trees within the parkway,
during construction of this project per approved Landscape Improvement plans.
51. Prior to the issuance of the final map, the Applicant shall include a note and graphic
explanation on the final map that provides a trail public access easement along the
entire exterior project screen wall to allow for the installation of a Trail Type B or C
per the Otay Valley Regional Park (OVRP) Concept Plan Trail Design Guidelines.
The trail public access easement shall be located east and south of the project screen
wall at the top of the slope with proposed safety fencing adjacent to supporting
landscaped retaining wall as depicted in the presentation to the OVRP Citizens
Advisory Committee (CAC) on 8/17/23. The installation of surface treatment and
wooden post and rail fencing shall be provided on the trail public access easement
when the overall OVRP North trail segment is sanctioned for construction. Trail
public access easement shall comply in the following ways:
a. Public Access easement shall be recorded with the City and county and added
to the Tentative as well as final map of this project.
b. This space (trail area) shall start construction before the 2nd Certificate of
Occupancy is issued and finish construction before the 6th Certificate of
Occupancy is issued.
c. Minimum 10including Horizontal Vegetation Clearance beyond
both tread edge sides.
d. Maximum 5% grade and 2% cross slope
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 14
The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
52. Approval of this request shall not waive compliance with any sections of the CVMC,
and any other applicable City Ordinances in effect at the time of building permit
issuance.
53. 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 Ci costs to retain
its own defense counsel to defend any challenge to any Project-related approvals,
court costs and attornes fees (collectively, liabilities) incurred by the City arising,
directly or indirectly, from (a) any environmental determinations;
approval and issuance of this permit; and (c) the Cit 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
were indicated below. The Property Ow and Aps compliance with this
provision shall be binding on any and all of their successors and assigns.
54. The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista General Plan; the Specific 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.
55. Prior to issuance of a grading or any other permit for the Project, Applicant shall
comply with all applicable mitigation measures outlined in the adopted and certified
Mitigated Negative Declaration No. IS02-010 (SCH#91061074), for the Chula Vista
Auto Park East Specific Plan and included in the related approved Mitigation
Monitoring and Reporting Program.
56. This approval shall expire if not utilized within three years of the approval date
(December 13, 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.
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 15
III. GOVERNMENT CODE SECTION 66020(d)(1) 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/Applicantire that the Project and
corresponding application(s) for building permits and/or a business license be held in
abeyance without approval.
Property Owner/Applicant:
____________________________________ ________________
Paul Mayer Date
for Pemcor Properties, Inc.
V. CONFORMANCE WITH CITY SUBDIVISION MANUAL
The Planning Commission does hereby find that the Project is in conformance with the
City of Chula Vista Subdivision Manual, CVMC Chapter 18.12 and the requirements of
the Zoning Ordinance.
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 16
VI. 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.
VII. 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 13th day of December 2023, by the following vote,
to-wit:
AYES: Burroughs, Combs, Felber, Leal, Torres, Zaker
NOES:
ABSENT: De La Rosa
ABSTAIN:
______________________________
Michael De La Rosa, Chair
ATTEST:
____________________________
Mariluz Zepeda, Secretary
Tentative Map Resolution No. 2023-21
December 13, 2023
Page 17
Presented by: Approved as to form by:
_________________________ ____________________________
Laura C. Black, AICP for Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney