HomeMy WebLinkAboutResolution 2023-22
Attachment
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RESOLUTION NO. 2023-22
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT NO. DR22-0009 TO CONSTRUCT
SIX COMMERCIAL BUILDINGS AND ONE INDUSTRIAL BUILDING, FOR A
TOTAL OF SEVEN BUILDINGS, WITHIN THE AUTO PARK EAST SPECIFIC
PLAN LOCATED AT 750 MAIN STREET
WHEREAS, on April 14, 2022, a duly verified application for a Design Review Permit
(DR22-0009) was filed with the City of Chula Vista Development Services Department by Pemcor
Properties, Inc. (/Applicant); and
WHEREAS the area of land that is the subject of this Resolution is an existing and previously
graded, vacant 8.21-acre property located at 750 Main Street Project S
WHEREAS the Applicant requests approval of 34,740-square feet of commercial and
industrial space, within seven (7) separate buildings, within the Auto Park East Specific Plan
; and
WHEREAS, in accordance with Chula Vista Municipal Code (CVMC) Section 19.14.582,
plans for the establishment, location, expansion or alteration of structures in all multifamily
residential zones and all commercial and industrial zones shall require design review by the
Planning Commission; and
WHEREAS the Director of Development Services has reviewed the proposed Project for
determined that the
Project and its resulting potential environmental impacts were adequately covered and studied in
a previously adopted and certified Mitigated Negative Declaration IS02-010 (SCH#91061074),
for the Chula Vista Auto Park East Specific Plan adopted and incorporated by
reference in Resolution No. 2004-182 on June 1st, 2004, in accordance with CEQA. Thus, no
further environmental review is required; and
WHEREAS City staff recommends approval and adoption of DR22-0009; and
WHEREAS, the Director of Development Services set the time and place for a hearing
before the Planning Commission for consideration of DR22-0009, and notice of the 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 property at least 10 days prior to the hearing; and
!
WHEREAS, the Chula Vista Planning Commission has reviewed and considered all
materials for DR22-0009 and the Project; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission, and the hearing was thereafter
closed.
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Design Review Resolution No. 2023-22
December 13, 2023
NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Chula
Vista finds that the proposed Design Review Permit No. DR22-0009 is consistent with the City of
the Auto Park East Specific Plan, the Chula Vista Design Manual, and
Title 19 of the CVMC allowing for the development of supportive commercial uses on the Project
Site. The Project complies with the standards set forth in the Auto Park East Specific Plan
regarding building height, setbacks, parking, screening, and other development criteria.
The building design incorporates several desired features from the Chula Vista Design Manual,
such as varied facades and roof articulation, with a modern architectural theme in keeping with
surrounding auto park development. Staggered wall planes create pockets of light and shadow as
well as provide architectural relief, and all building materials will be high-quality and durable and
will require little maintenance.
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above,
does hereby approve the Design Review Permit DR22-0009, subject to the following conditions.
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 Design Review Permit and
related Tentative Map.
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 wall and building surfaces to a
minimum of 10 feet above finished grade. This shall be noted on any building and wall
plans and shall be reviewed and approved prior to the issuance of building permits.
Additionally, the Project shall conform to Sections 9.20.035 and 9.20.055 of the CVMC
regarding graffiti control or as approved by the Director of Development Services.
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, berming, and/or landscaping.
5. All on-site exterior lighting shall adhere to the requirements of the adopted and certified
Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program IS02-010 for the Chula Vista Auto Park East Specific Plan.
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Design Review Resolution No. 2023-22
December 13, 2023
6. A separate sign permit shall be required for any proposed signage on the Project Site,
and proposed signage shall be consistent with the provisions of the CVMC.
7. All mitigation measures identified in the adopted and certified MND IS02-010
(SCH#91061074), for the Chula Vista Auto Park East Specific Plan and contained in
the MMRP are adopted and incorporated by reference into this approval of DR22-0009.
Prior to issuance of grading and/or building permits, the Applicant shall demonstrate
compliance with applicable mitigation measures outlined in the MMRP for Final MND
IS02-010.
8. Buildings shall be designed to minimize energy consumption, in compliance with the
California Building Energy Efficiency Standards, Title 24, Parts 6 and 11.
9. The Applicant shall submit a Phase II study prior to grading permit issuance, if
contaminated soil is found on-site the Applicant will be required to submit to the San
Diego County Environmental Health and Quality Voluntary Assistance Program for
review and approval prior to grading permit issuance.
10. Prior to recordation of a Final Map for the Project, the Applicant shall submit
for the Project Site for review and
written approval by the City dard TM Conditions
-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.
11. Consistent with sections V. A. and VII. B. of the Specific Plan, the hours of Operation
for the proposed Starbucks tenant on Lot six shall be 4:30 a.m. 10pm. The proposed
Circle K gas station tenant on Lot five shall be allowed to operate 24-hours a day. All
other future uses will adhere to the hours of operation as specified in the Auto Park
East Specific Plan.
12. The Applicant will not be permitted to use outdoor speakers, intercoms, sound systems,
and audible pagers.
13. Carwash facilities shall include water recycling, and runoff/pollution prevention
features.
14. The following language will be included in the final CC&Rs: Facilities, grounds, and
appurtenant off-site improvements, including buildings, structures, signs, landscaping,
irrigation, parking lots, streets, medians, parkways, slopes, and drainage systems shall
be maintained as provided in the covenants, conditions, and restrictions.
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Design Review Resolution No. 2023-22
December 13, 2023
Land Development
15. The Applicant shall comply with all requirements and guidelines of the Auto Park East
Specific Plan; the CVMC; the Chula Vista Subdivision Manual; City of Chula Vista
Design and Construction Standards; the Development Storm Water Manual for
Development and Redevelopment Projects; the City of Chula Vista Grading Ordinance
No. 1797; the State of California Subdivision Map Act.
16. The Applicant shall comply with all applicable conditions of approval for Tentative
Map No. TM23-0003.
17. 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.
18. sight 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.
19. The Applicant shall grant to the City of Chula Vista a 12-foot Right-of-Way Street
Dedication along Main Street as shown on TM22-0003 for the Project, per the latest
Chula Vista Construction Standard Drawing RWY-01.
20. 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.
21. 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 for the
Project.
22. 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.
23. 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.
24.
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 Department and shall be recorded concurrently with
the Final Map.
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Design Review Resolution No. 2023-22
December 13, 2023
25. The Applicant shall obtain a Construction Permit to construct the private driveways
and associated Public Improvement Plans, Traffic Signal and Striping Improvement
Plans i-of-way, prior to issuance of any Building Permit.
a. Applicant/Developer shall obtain a Construction Permit from the Land
Development Division of the Development Services Department to perform the
-of-way 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.
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 right-of-
way 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 P
the satisfaction of the City Engineer. Sidewalk shall be designed and
constructed with proper transitions to existing condition.
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Design Review Resolution No. 2023-22
December 13, 2023
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
b. Traffic signal and striping Improvement Plans shall include the following:
1) The west access from Main Street shall be restricted to Right-in access
only (no right-out).
2) Signage and striping plans shall be submitted with Improvement Plans
and shall show proposed signage and pavement markings for the
proposed improvements on and adjacent to Main Street.
3) The Improvement Plans shall include traffic signal modification
showing the traffic signal improvements in the intersection of Main
Street and Maxwell Road.
4) 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 pedestrian ramp on the southwest corner. Crosswalk
realignment on the south leg of the intersection will be required. These
revisions shall be shown in the signage and striping plans.
26. Developer 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
right-of-way.
27. 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.
28.
from any agency or/and jurisdiction for the Project, prior to issuance of any City permit.
29. 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.
30. 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 Title 15.04. Plans shall be in conformance
Practices , and BMP Design Manual.
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Design Review Resolution No. 2023-22
December 13, 2023
31. Prior to beginning any earthwork activities at the site and before issuance of any
Building Permit, the 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. Prior to issuance of any Building Permit, the Applicant shall provide the City with
proof of Pad Certification.
38. Otay Municipal Water District shall be provided prior to
issuance of the first Building Permit or prior to the first improvement plans approval.
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Design Review Resolution No. 2023-22
December 13, 2023
39. 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.
40. 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.
41. Proposed private water and fire lines structures are to be submitted on a separate
Building Plan and permitted by the Building and Fire departments.
42. Proposed Fire Access Roads and Driveways shall meet H-20 Loading requirements or
shall be designed for a Traffic Index (T.I.) of 5.
43. 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.
44. Applicant shall obtain an Encroachment Permit for any private facilities within public
right-of-way and/or City easements prior to construction permit or any building permit
issuance.
45. Project shall maintain compliance with any applicable visual/aesthetic design
requirements of the Auto Park East Specific Plan.
46.
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
Fee Schedule before approval of building plans.
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Design Review Resolution No. 2023-22
December 13, 2023
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
e. The carwash and the auto-repair businesses will need to apply to the City of San
D
following website for more information: https://www.sandiego.gov/public-
utilities/permits-construction/industrial-user-permits
47. 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.
48. 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
49. The Applicant shall apply for required building and fire protection system(s) permits.
Permits shall comply with applicable codes and requirements, including but not limited to
the current California Building Code (CBC) and Fire Code (CFC) as amended by the
City of Chula Vista and all applicable National Fire Protection Association (NFPA)
standards for underground fire service and fire sprinkler systems.
Landscape Architecture
50. Prior to the approval of the first building permit, the Applicant shall submit a
construction phasing plan for the installation of landscape improvements for City review
and approval by the Director of Development Services Director or designee.
51. Prior to the second submittal of the building permit set, the 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 City documents including 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)
52. 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
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Design Review Resolution No. 2023-22
December 13, 2023
satisfaction of the City of Chula Vista Landscape Inspector and the Director of
Development Services or designee.
53. 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
the Director of Development Services or designee.
54. 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 -
shown on the approved plans..
55. Modified Irrigation within the new right-of-way will maintain continuity to the Open
Space area on the East side of the property.
56. New, modified irrigation in the parkway area will service and supply water to plants
being maintained by the City.
57. Under no circumstances will a cross connection of irrigation from the parkway to the
main property of 750 Main Street be made.
58. 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 the
construction of this Project per approved Landscape Improvement plans.
59. 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.
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December 13, 2023
c. Minimum 11
tread edge sides.
d. Maximum 5% grade and 2% cross slope
II. The following ongoing conditions shall apply to the Project Site as long as it relies upon this
approval:
60. The Applicant shall maintain the Project in accordance with the approved plans for DR22-
0009, which include a site plan, floor plans, landscape plans, and elevations on file in the
Development Services Department. The Project shall also maintain compliance with the
conditions contained herein and Title 19 of the CVMC.
61. 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.
62. The Applicant and Property Owner shall and do hereby agree to timely and fully indemnify,
protect, reimburse, 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 compile a response to a Public Records Act request(s) to provide the record of
defend any challenge to any Project-related approvals, court costs and attorney fees
nce of any
other permit or action, whether discretionary or non-discretionary, in connection with the
use contemplated herein, and the Applicant shall acknowledge their agreement to this
provision by executing a copy of this permit where indicated below. The Applicant and
63. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
General Plan, the Auto Park East Specific Plan, the Chula Vista Landscape Manual, the
Chula Vista Design Manual, 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.
64. This permit 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 CVMC Section 19.14.600.
65. Any violations of the terms and conditions of this permit may result in the imposition of
civil or criminal penalties and/or the revocation or modification of this permit.
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66. Should conflicting wording or standards occur between these Conditions of Approval for
DR22-0009, or between the Conditions of Approval for DR22-0009 and for TM22-0003,
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.
67. The conditions of approval for DR22-0009 shall be applied to the subject property and
Project Site until such time as the approval may be revoked, and the existence of this
approval with conditions shall be recorded with the title of the property.
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 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
building permits and/or a business license be held in abeyance without approval.
Property Owner/Applicant:
________________________________ ________________________
Paul Mayer Date
for Pemcor Properties, Inc.
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Design Review Resolution No. 2023-22
December 13, 2023
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.
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
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
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