HomeMy WebLinkAboutResolution 2023-23
Attachment 3
RESOLUTION NO. 2023-23
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING DESIGN REVIEW PERMIT DR22-0011 FOR 175 DWELLING
UNITS ON PARCELS R-6 AND R-20 TOTALING 16.04 ACRES WITHIN THE
OTAY RANCH VILLAGE THREE AND A PORTION OF VILLAGE 4
SECTIONAL PLANNING AREA
WHEREAS, on April 12, 2022, a duly verified application for a Design Review Permit
was filed with the City of Chula Vista Development Services Department by Lennar Homes of
WHEREAS, the Applicant requests approval of a Design Review Permit 175 for-sale
residential units located on two previously graded parcels totaling 16.04-
the Otay Ranch Village Three North and a Portion of Village Four Sectional Planning Area
WHEREAS, the area of land which is the subject of this Resolution is made up of two
parcels (R-6 and R-20), located south of Main Street and east of Heritage Road (the
and
WHEREAS, the site is zoned RM-1, which allows a residential density of 11-18 units per
acre, and the Village Three and a Portion of Village Four SPA states that all projects in the RM-1
with lot sizes under an average of 2,700 square feet and not serviced by alleys or common
courtyards are subject to Major Design Review; and
Preserve Edge along the southern edge of the Project Site; the Village Three and a Portion of
District Regulations state that any uses proposed
Development Serves in conjunction with the Major Design Review process; and
WHEREAS, the Director of Development Services has reviewed the Project and
determined that the proposed improvements within the Preserve Edge are consistent with the
Village Three and Portion of Village 4
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act and has determined that the
potential environmental impacts resulting from the Project were adequately covered and studied
in a previously certified Final Environmental Impact Report (FEIR 13-01 / SCH #2013071077,
Resolution No. 2014-232) for the Otay Ranch University Villages Project, dated December 2,
2014. Thus, no further environmental review is required; and
WHEREAS, City staff recommends approval and adoption of DR22-0011; and
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WHEREAS, the Planning Commission set the time and place for a hearing on the Design
Review Permit application, 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 DR22-0011 and the Project; and
WHEREAS, the hearing was held at the time and place as advertised in the Chula Vista
City 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:
1. That the proposed project is consistent with the development regulations of the Village
Three and a Portion of Village 4 SPA Plan, the PCDR, the Village Three Design Plan,
and the Landscape Master Plan requirements.
In accordance with the Village Three SPA Plan, the Project has a density of 13.5 units per
acre for R-20 and 13.4 dwelling units per acre for R-6. The maximum height of the 2-story
residences will be 27-feet and the maximum height for the triplex will be 35-feet. Required
parking and open space are provided for its residents and guests. Compatible with adjacent
land uses such as town homes and mixed use residential/commercial, the Project
Three and for the
surrounding Otay Ranch community. The proposed Project is a permitted use within the
RM-1 Zone and meets the PCDR and Village Three Design Plan requirements in terms of
site layout, setbacks, building height, circulation, parking, access, and landscape.
The landscape design and plant palette conform to the Village Three SPA Landscape
water
conservation through the use of moderate and low-water plant species, grouping of plant
materials with similar water requirements and implementing a low-volume and efficient
automatic irrigation system.
2. The proposed project is consistent with the design and development standards of the
Village Three SPA Plan, its PCDR, its Village Three Design Plan, and its Landscape
Master Plan.
The Project adheres to the Village Three SPA Plan and its PCDR and its Village Three Design
Plan, which are intended to include a variety of housing types with an agrarian theme for
architectural design. The multi-family parcels R-6 & R-20 provide a high-quality living
environment and a harmonious mixture of duplex and detached residences that vary between
two- and three-stories. The Project Site was designed with a private drive looping through both
parcels and multiple pedestrian access points. The Project Site will include attractive landscape
and lighting features to enhance the pedestrian experience in and around the site, which is
consistent with the Village Three SPA Landscape Master Plan.
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BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings
above, does hereby approve the Design Review Permit DR22-0011 subject to the following
conditions:
I. The following conditions and requirements shall be accomplished to the satisfaction of the
Director of Development Services or designee, prior to issuance of Building Permits,
unless otherwise specified:
Planning
1. The Applicant shall maintain the Project Site in accordance with the approved plans, which
include site plans, landscape plans, and elevation plans on file in the Planning Division,
and in accordance with the conditions contained herein, and with Chula Vista Municipal
2. The conditions of approval for DR22-0011 shall be applied to the subject property 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.
3. The colors and materials specified on the building plans shall be consistent with the colors
and materials shown on the plans approved by the Planning Commission on December 13,
2023.
4. Performance Standards: Buildings shall be designed to minimize energy consumption, in
compliance with California Building Energy Efficiency Standards, Title 24, Parts 6 and 11.
5. The Project shall conform to Sections 9.20.035 and 9.20.055 of the Chula Vista Municipal
Code regarding graffiti control or as approved by the Director of Development
Services.
6. All ground-mounted utility appurtenances such as transformers, air conditioner
condensers, etc., shall be located out of public view and adequately screened through the
use of a combination of concrete or masonry walls, berming, and/or landscaping, to the
greatest extent possible.
7. 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.
8. All exterior lighting shall include shielding to remove any glare from adjacent residents
and adjoining properties, as well as the Multiple Species Conservation Program
preserve area. Details for said lighting shall be included in the architectural plans and shall
be reviewed and approved prior to the issuance of any Building Permit.
9. The Applicant and Project shall implement, to the satisfaction of the Director of
Development Services and the City Engineer, the mitigation measures identified in the
Mitigation Monitoring and Reporting Program for FEIR 13-01 / SCH
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#2013071077, Resolution No. 2014-232, for the Otay Ranch University Villages Project,
within the timeframe specified in the MMRP.
10. The parking areas or other common areas on the Project Site shall be landscaped in
accordance with Shade Tree Policy 576 -19, the
Village Three Design Plan and Landscape Master Plan.
11. Consistent with the Chula Vista MSCP Subarea Plan, Otay River Valley Preserve
Design Standards Guidelines (Section 5, Private Development Guidelines) and
brush management zone/Preserve Edge is provided outside of
the Preserve. Native plants (non-irrigated) will be used on manufactured slopes within half
of the Preserve Edge area. However, consistent with the Chula Vista MSCP, the first 50
feet of the Brush Management Zone will be irrigated and planted with native plant species.
Temporary irrigation may be utilized outside the first 50 feet of the Brush Management
Zone during the plant establishment period, subject to approval of the Director of
Development Services. In addition, consistent with the Village Three Fire Protection Plan,
the plantable walls must be permanently irrigated. The Preserve Edge Plan provides
detailed irrigation requirements.
12. Masonry walls or fences six feet in height, from the highest finished grade, shall be required
where needed for noise attenuation as shown on the Wall and Fencing Plan in the Village
Design Plan or as required by a site-specific noise study.
13. The Projects shall conform to the solid waste and recycling guidelines.
14. Recreational vehicle (including campers, boats and trailers) parking areas are prohibited.
15. Prior to recordation of a Final Map for the Project, the Applicant shall submit Covenants,
Conditions No. 34 of
-300.
16. All required landscaping shall be permanently maintained in a healthy and thriving
condition, free from weeds, trash and debris. Landscaping requirements shall be met by
either builder or developer installation, or for single-family development, by requiring
through CC&Rs for the Project Site or other restrictions that individual homeowners install
their front yard landscaping within one year of occupancy.
17. All utility connections shall be coordinated architectural elements so as not
to be exposed, except where required by a utility provider. Pad-mounted transformers
and/or meter box locations shall be included in the site plan with any appropriate screening
treatment as approved by each utility provider.
PC Resolution 2023-23
Land Development
18. The Applicant and Project shall comply with all requirements and guidelines of the Otay
Ranch Village Three SPA, its PCDR, its Master Precise Plan, and its Landscape Master
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 Chula Vista Best Management
Manual; the City of Chula Vista Grading Ordinance No. 1797; and the State of California
Subdivision Map Act or other applicable law or regulation.
19. The Applicant shall comply with all applicable conditions of approval for Tentative Map
No. CVT 20-0005.
20. All driveways shall conform to the in
accordance with Section 12.12.130 of the CVMC and Chula Vista Standard Drawing
RWY- Also, landscaping, street furniture, or signs
shall not obstruct the visibility of the driver at the street intersections or driveways.
21. The Applicant shall deposit any applicable fees in accordance with the City Master Fee
Schedule for any required submittals per the Subdivision Manual and Municipal Code.
22. Streets or driveways within the Project shall be designated as private.
23. The proposed Fire Access shall meet H-20 Loading requirements or shall be designed for
24. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, Americans with Disabilities
Title 24 standards, as applicable.
25. The public infrastructure that will serve the project site shall be constructed and fully
operational before the Final Building Inspection, to the satisfaction of the Director of the
Development Services Department.
26. The Applicant shall apply for a Grading Permit prior to beginning any earthwork activities
and before issuance of any Building Permit in accordance with CVMC Title 15.04 and the
Subdivision Manual, reviewed and approved by the Land Development Division. This
permit shall reflect all grading required to create building pads and storm drainage systems
necessary to address drainage leaving the site in addition to, but not limited to, the
following:
a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the
City Engineer.
b. Drainage Study and Geotechnical/Soils Investigations are required with the first
submittal of Grading Plans. The Drainage Study shall calculate the Pre-
Development and Post-Development flows and show how downstream properties
and storm drain facilities are impacted. Design shall incorporate detention of storm
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water runoff if post-development flows exceed pre-development flows; analysis
shall include flows from two-year, 10-year, and 50-year return frequency storms.
Drainage study shall also demonstrate that no property damage will occur during
the 100-year storm event.
c. Drainage study shall show any offsite flows.
d. All onsite drainage facilities shall be private.
27. Prior to issuance of Grading, Construction, and Building permits, the Applicant shall
document on applicable plans compliance with the requirements pertaining to BMPs. The
Applicant shall develop and implement post construction BMPs in accordance with the
most recent regulations at the time of grading and building permit issuance.
28. Applicant and Property Owner must enter into a Storm Water Management Facilities
Maintenance Agreement to perpetually maintain all permanent BMPs located within the
project prior to issuance of any Grading, Construction or Building Permits, whichever
occurs first.
29. Prior to the issuance of any Building Permit within the Project, the Applicant shall
provide the City with proof of Pad Certification.
30. The following applies to all site retaining walls:
a. 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 San Diego
Regional Standard Drawings, or City of Chula Vista Construction Standards 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.
31. Any offsite work will require Letters of Permission from the offsite property owner(s) prior
to approval of the Grading Plan and issuance of a Grading Permit.
32. 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.
33. It responsibility to identify, process, and obtain any required permit from
any agency or/and jurisdiction for the project, prior to issuance of any City permit.
34. A Construction Permit will be required for all work proposed in the City's right-of-way.
35. 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.
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36. Prior to construction of any private sewer and/or storm drain systems constructed to public
standards and to be inspected by Construction Inspection, the Applicant shall obtain a
Construction Permit for these improvements by processing a Private Improvement Plan
through Land Development Division.
37. Prior to construction of any private water and fire line/structure systems to be inspected by
the Building Department and the Fire Department, the Applicant shall obtain a Building
Permit and a Fire Permit for these improvements by processing a Private Improvement
Plan through the Building Department and Fire Department. If said improvements are
proposed on the same Private Improvement Plan set as private storm drain and private
sewer built to public standards, then this plan set shall be routed through Land
Development Division for processing and approvals.
38. Proposed private water and fire lines/structures shall be submitted on a separate Building
Plan and permitted by the Building and Fire Departments.
39. Before issuance of the first Building Permit, provide a letter from Otay Water
District.
40. Any private facilities (if applicable) within Public right-of-way, City easement, or City
open space will require an Encroachment Permit prior to Building Permit approval. 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.
41. A public drainage and access easement shall be required prior to Building Permit issuance.
Easement shall be drivable, free from obstacles and allow maintenance vehicles for access
and maintenance purposes.
42. A reciprocal easement for drainage and access between Lots 1 (R-20) and 2 (R-6) shall be
required prior to Building Permit issuance.
43. The Storm Water Quality Management Plan submitted for the Project is considered
objectives to move forward into Construction Drawing documents. There may be
additional requirements set at the time the development takes place and/or a Grading Permit
is applied for, depending upon final plans submitted for review and approval. Prior to the
approval of Grading Plans, the Applicant shall submit a final Storm Water Quality
Management Plan based on the latest BMP Design Manual to the City for review and
approval.
44. The Drainage Report submitted for the Project is considered conceptually complete and
provides adequate information on the projects Drainage objectives to move forward into
Construction Drawing documents. There may be additional requirements set at the time the
development takes place and/or a Grading Permit is applied for, depending upon final plans
submitted for review and approval. Prior to the approval of Grading Plans, the Applicant
shall submit a final
Subdivision Manual for review and approval.
PC Resolution 2023-23
45. Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement
to perpetually maintain and fund all Post Construction Permanent BMP facilities within
the project to the satisfaction of the City Engineer, prior to the issuance of the Grading,
Construction, or building permit, whichever occurs first.
46. Prior to any grading activity or Building permit issuance, Applicant shall provide a
complete and accurate Notice-of-
edgement 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.
47. The Applicant is advised that there may be additional requirements set at the time his/her
development takes place and/or when Building, Grading, Construction Permits are
applied for, depending upon final plans submitted for said Permits. Conditions provided
at Design Review are based solely on the conceptual plans that were submitted for
Design Review purposes.
Landscape Architecture
48. Prior to the second submittal of the Building Permit set, the Applicant shall submit a
complete set of onsite Landscape Improvement plans for review and approval.
49. All Landscape Improvement plans shall be approved by the Otay Water District and
County of San Diego Department of Environmental Health as applicable, prio r to City
approval.
50. Prior to the final building inspection, the Applicant shall have installed landscape
improvements associated with the Project, per all approved Landscape Improvement plans
to the satisfaction of the City of Chula Vista Landscape Inspector and of the Director of
Development Services or designee.
Building
The Applicant shall address the following Conditions of Approval at the time of Building
Permit submittal to the satisfaction of the Building Official or designee:
51. This Project shall comply with the California Building Code, California Mechanical Code,
California Plumbing Code, California Electrical Code, California Fire Code and California
Energy Code, as adopted and amended by the State of California and the City of Chula Vista
currently in effect at the time of Building Permit application, as well as the Green Building
ordinance (CVMC Chapter 15.12) and all other locally adopted city and state requirements.
52. Building Permit applications shall include mitigation measures which include passive sub-slab
ventilation and membrane systems, per State of California Department of Toxic Substance
Control requirements. The mitigation measures shall be designed and stamped by the
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Professional Engineer with expertise in methane and Volatile
Organic Compound mitigation, to the satisfaction of the City Building Official.
Environmental Services
53. Prior to Building Permit issuance, the Applicant shall comply with the construction debris
recycling requirements, including a performance deposit and Waste Management Report.
Fire
The following Chula Vista Fire Department of Approval are general
requirements that the Applicant shall address at the time of Building Permit submittal to the
satisfaction of the Fire Marshall or designee.
54.
enhanced construction requirements and approved and prohibited tree and plant lists.
55. The Applicant shall apply for required Building Permits. Permits shall comply with
applicable codes and requirements, including but not limited to the current California
edition of the Building Code & Fire Code amended by City of Chula Vista.
56. Applicant shall submit the site access sheet with the transposed Chula Vista Fire
Department Auto Turn detail (on a CVFD Details sheet) and auto turn results
during the Building Permit submittal process.
57. Plans for the design and construction of private underground fire service utilities are
required to be included within a permit submitted to the Development Services Department
in the form of Private Utility Permit plans or as part of the Architectural Building Permit
plans.
58. Where a portion of the building is more than 400-feet from a hydrant on a fire apparatus
access road, as measured by an approved route around the exterior of the building, on site
fire hydrants and/or improvements to the existing public water main shall be made .
59. Fire hydrants shall be located and spaced in accordance with the CFC, Appendix C.
60. Regardless of hydraulic calculations, two points of connection to the public main are
required when the system serves three (3) or more fire hydrants. Distribution must be
configured to provide at least 50 percent of the required fire flow in case of a single break.
61. This Project shall be protected throughout by an approved automatic fire sprinkler system
in accordance with National 13 D. Fire Sprinkler
System laterals shall terminate inside of the building.
62. 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.
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63. 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. The Applicant shall perform an Auto-
Turn analysis using CVFD auto turn data and transpose the analysis onto the Site Plan.
64. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with
an approved area for turning around fire apparatus. Please note to submit the site access
sheet with the transposed CVFD Auto Turn detail (on a CVFD Details sheet) and auto turn
results during the building permit submittal process.
65. ise Identification
page: CVFD Fire Prevention Requirements, Forms, and Details. Premise Identification
shall be shown on the Architectural Building Permit Plan submittal.
66. Plans shall show proposed locations for required illuminated directory in accordance with
corresponding CVFD guideline.
67. Provide Illuminated Directory detail on landscape plans.
68. 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 Permit Plans or as a separate permit directly
with the CVFD.
II. The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
69. The Applicant shall install all landscaping and hardscape improvements in accordance
with the approved Landscape and Improvement plans.
70. Approval of the Design Review Permit shall not waive compliance with any sections of
Title 19 of the CVMC, nor any other applicable laws and regulations in effect at the time
of Building Permit issuance.
71. The Property Owner and Applicant shall and do agree to fully and timely indemnify,
protect, reimburse, defend and hold harmless 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 proceedings
materials for costs to retain its own defense counsel to defend any
challenge to any Project-
liabilities) incurred by the City arising, directly or indirectly, from (a) any environmental
of this Design Review Permit and (c)
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 Design Review Permit where indicated below. The Property and
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compliance with this provision shall be binding on any and all of the Property
72. This Design Review Permit (DR22-0011) shall expire if not utilized within three years
from the Planning Commission approval date (December 13, 2026) or the end of anyappeal
period, unless the Applicant initiates an extension prior to expiration of the permit, in
accordance with Section 19.14.600 of the CVMC.
73. 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.
74. Should conflicting wording or standards occur between these Conditions of Approval for
DR22-0011, or between the Conditions of Approval for DR22-0011 and for Tentative Map
No. CVT 20-0005, 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.
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 and any
such protest must be in a manner that complies with Government Code Section 66020(a) and
failure to timely follow this procedure 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 this project; and it does not apply to any
fees, dedication, reservations, or other exactions which havebeen 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 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 the same. Upon execution, this
document shall be signed and returned to the Development Services Department.
Alex Plishner Date
for Lennar Homes, LLC
Applicant/Property Owner
PC Resolution 2023-23
V.CONSEQUENCEOFFAILUREOFCONDITIONS
If any of the foregoing conditions fail to occur, or if 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 the ir
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 condition s are
determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect.
Laura C. Black, AICP for Jill S. Malland
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, De La Rosa, Felber, Leal, Torres, Zaker
NOES:
ABSENT:
ABSTAIN:
Michael de la Rosa, Chair
ATTEST:
Mariluz Zepeda, Secretary