HomeMy WebLinkAbout2025.02.26 Post Agenda
Date:Wednesday, February 26, 2025
Time:6:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Planning Commission Regular Meeting
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______________________________________________________________________________
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Gov. Code § 84308 Regulations: To promote transparency and fairness in the governmental decision-
making process, there are rules to prevent public officials from being unfairly influenced by contributors to
their campaigns. The type of activity these laws were enacted to limit is often referred to as “pay-to-play,”
and is governed in California by Government Code section 84308. Parties to any proceedings involving a
“license, permit, or other entitlement for use,” as that term is defined in the Political Reform Act, pending
before the City Council must disclose any campaign contribution over $500 (aggregated) within the
preceding 12 months made by the party, their agent, and those required to be aggregated with their
contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the
name(s) of the contributor(s). "G.C. § 84308 Regulations Apply: Yes" on this agenda indicates that the item
is subject to these regulations.
Time Allotted for Speaking (subject to change by the presiding officer)
- Consent Calendar (any or all items): 3 minutes
- Agenda Items (not on Consent): 3 minutes
- General Public Comment (not on agenda): 3 minutes
Individuals who use a translator will be allotted twice the time.
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.CONSENT CALENDAR
Consent calendar items are considered together and acted upon by one motion. There
is no separate discussion of these items unless a commissioner or staff removes the
item from the Consent Calendar.
4.1 Approval of Meeting Minutes 4
Recommended Action:
Approve the minutes dated December 11, 2024
5.PUBLIC COMMENTS
Persons may address the Commission on any subject matter within the Commission’s
jurisdiction that is not listed as an item on the agenda. State law generally prohibits the
Commission from discussing or taking action on any issue not included on the agenda,
but, if appropriate, the Commission may schedule the topic for future discussion or
refer the matter to staff. If you wish to speak on any item, please fill out a "Request to
Speak" form and submit it to the Deputy City Clerk prior to the meeting or submit an
electronic comment per the instructions on page one of this agenda.
6.PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If
you wish to speak on one of these items, please fill out a "Request to Speak" form and
submit it to the Deputy City Clerk prior to the meeting or submit an electronic comment
per the instructions on page one of this agenda.
6.1 Amend the Chula Vista Municipal Code on Accessory Dwelling Units and Junior
Accessory Dwelling Units to Align with State Law
8
Location: Citywide
Environmental Notice: The Project qualifies for an Exemption pursuant to
Section 15061(b)(3) of the California Environmental Quality Act State
Guidelines.
Recommended Action:
Conduct a public hearing and recommend the City Council of the City of Chula
Vista adopt an ordinance amending Chula Vista Municipal Code (“CVMC”)
Sections 19.58.022 (Accessory Dwelling Units) and 19.58.023 (Junior
Accessory Dwelling Units).
6.2 Conditional Use Permit & Design Review: New Construction and Establishment
of a Women’s Alcohol Rehabilitation/Recovery Facility
21
Location: 270 C Street
Environmental Notice: The Project qualifies for an Exemption pursuant to
Section 15303 (New Construction or Conversion of Small Structures) of the
California Environmental Quality Act State Guidelines.
City of Chula Vista Planning Commission
February 26, 2025 Agenda Page 2 of 87
Recommended Action:
Conduct a public hearing and adopt a resolution approving Conditional Use
Permit (“CUP”) No. 23-0019 and Design Review Permit (“DR”) No. 23-0015,
allowing new construction for and the establishment of a women’s alcohol
rehabilitation/recovery facility, based on findings and subject to conditions
contained therein.
6.3 Conditional Use Permit for the Sale of Alcoholic Beverages, Including Tasting
and Education, Within an Existing Retail Building in the Village Center of the
Eastlake II Sectional Planning Area
58
Location: 2230 Otay Lakes Road (APN: 595-322-21)
Environmental Notice: The Project qualifies for a Class 1 Categorical
Exemption pursuant to Section 15301 (Existing Facilities) of the California
Environmental Quality Act (“CEQA”) State Guidelines.
Recommended Action:
Approve a CEQA Categorical Exemption under CEQA Guidelines section
15301, and adopt a resolution approving Conditional Use Permit CUP24-0022
to allow the sale of alcoholic beverages, including tasting and education, for
offsite consumption and onsite tastings in an existing retail building based on
the findings and subject to the conditions contained therein.
7.DIRECTOR'S REPORT
8.CHAIR'S COMMENTS
9.COMMISSIONERS' COMMENTS
10.ADJOURNMENT
to the regular meeting on March 12, 2025 at 6:00 p.m.
Materials provided to the Planning Commission related to any open-session item on
this agenda are available for public review at www.chulavistaca.gov/boardmeetings or
the City Clerk's Office at 276 Fourth Ave, Chula Vista.
City of Chula Vista Planning Commission
February 26, 2025 Agenda Page 3 of 87
Page 1
City of Chula Vista
Regular Planning Commission Meeting
MINUTES
December 11, 2024, 6:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Commissioners
Present:
Commissioner Burroughs, Commissioner Combs, Commissioner
Felber, Commissioner Leal, Commissioner Sanfilippo, Vice Chair
Torres, Chair De La Rosa
Also Present: Development Services Director Black, City Attorney Verdugo,
Legal Counsel Sullivan representing Gatzke Dillon & Ballance
LLP, Deputy Director of City Clerk Services Turner, Deputy City
Clerk Zepeda
Minutes are prepared and ordered to correspond to the agenda.
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 6:01 p.m.
2. ROLL CALL
Deputy City Clerk Zepeda called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by Commissioner Burroughs.
4. CONSENT CALENDAR (Items 4.1 through 4.2)
Moved by Commissioner Combs
Seconded by Commissioner Burroughs
To approve the recommended action on the below consent calendar items. The
motion was carried by the following vote:
Page 4 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
2024-12-11 Planning Commission Regular Meeting Minutes
Page 2
Yes (7): Commissioner Burroughs, Commissioner Combs, Commissioner Felber,
Commissioner Leal, Commissioner Sanfilippo, Vice Chair Torres, and Chair De
La Rosa
Result, Carried (7 to 0)
4.1 Approval of Meeting Minutes
To approve minutes dated: October 9, 2024
4.2 Consider Request for Excused Absence
To approve excused absences for Commissioners Leal and Felbe r from
the October 9, 2024, Planning Commission meeting.
5. PUBLIC COMMENTS
Jeff and Julie Phair submitted comments regarding 33 I Street.
6. PUBLIC HEARINGS
6.1 Amendments to the Otay Ranch Village Seven Sectional Planning
Area Plan, Including Associated Regulatory Documents and a
Tentative Map
Notice of the hearing was given in accordance with legal requirements,
and the hearing was held on the date and no earlier than the time
specified in the notice.
Planning Manager Philips presented on the item and applicant Nick Lee
with Baldwin & Sons assisted in answering questions on the item.
Chair De La Rosa opened the public hearing.
There being no members of the public who wished to speak, Chair De La
Rosa closed the public hearing.
Moved by Chair De La Rosa
Seconded by Commissioner Leal
To adopt Resolution No. 2024-16 recommending that the City Council:
A. Certify the Third Addendum to FEIR 04-06.
B. Approve amendments to the Chula Vista General Plan, the Otay
Ranch General Development Plan, and the Otay Ranch Village
Seven Sectional Planning Area Plan in accordance with the
required findings.
Page 5 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
2024-12-11 Planning Commission Regular Meeting Minutes
Page 3
C. Approve a Tentative Map incorporating the proposed changes to
the Otay Ranch Village Seven Sectional Planning Area in
accordance with the required findings and subject to conditions.
D. Approve an ordinance approving modifications to the Otay Ranch
Village Seven Planned Community District Regulations.
The motion was carried by the following vote:
Yes (6): Commissioner Burroughs, Commissioner Felber, Commissioner
Leal, Commissioner Sanfilippo, Vice Chair Torres, and Chair De La Rosa
No (1): Commissioner Combs
Result, Carried (6 to 1)
6.2 Urbana 2.0 – Design Review for 208 Multifamily Residential Units
with a Rooftop Pool Deck/Terrace and Underground Parking in the
UC-2 (Gateway) Subdistrict of the Urban Core Specific Plan Area
Notice of the hearing was given in accordance with legal requirements,
and the hearing was held on the date and no earlier than the time
specified in the notice.
Planning Manager Philips presented on the item, and applicant Kevin
O'Neill with Urbana 2.0 LLC assisted in answering questions on the item.
Chair De La Rosa opened the public hearing.
There being no members of the public who wished to speak, Chair De La
Rosa closed the public hearing.
Moved by Commissioner Felber
Seconded by Commissioner Burroughs
To adopt Resolution No. 2024-17 approving the consistency analysis for
the Project under the California Environmental Quality Act and Design
Review DR22-0025, based upon the findings and subject to the conditions
contained therein. The motion was carried by the following vote:
Yes (7): Commissioner Burroughs, Commissioner Combs, Commissioner
Felber, Commissioner Leal, Commissioner Sanfilippo, Vice Chair Torres,
and Chair De La Rosa
Result, Carried (7 to 0)
Page 6 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
2024-12-11 Planning Commission Regular Meeting Minutes
Page 4
7. DIRECTOR'S REPORT
Development Services Director Black gave an update on ongoing development
projects in the City.
8. CHAIR'S COMMENTS
Chair De La Rosa extended holiday wishes to commissioners and staff.
9. COMMISSIONERS' COMMENTS
Vice Chair Torres discussed the meeting procedures and decorum training held
by the City Attorney's office.
Commissioner Felber discussed future developments in the City and the possible
impacts on traffic.
10. ADJOURNMENT
The meeting was adjourned at 7:10 p.m.
Minutes prepared by: Mariluz Zepeda, Deputy City Clerk
_________________________
Mariluz Zepeda, Deputy City Clerk
Page 7 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
P a g e | 1
February 26, 2025
ITEM TITLE
Amend the Chula Vista Municipal Code on Accessory Dwelling Units and Junior Accessory Dwelling Units to
Align with State Law.
Location: Citywide.
Environmental Notice: The Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the
California Environmental Quality Act State Guidelines.
Recommended Action
Conduct a public hearing and recommend the City Council of the City of Chula Vista adopt an ordinance
amending Chula Vista Municipal Code (“CVMC”) Sections 19.58.022 (Accessory Dwelling Units) and
19.58.023 (Junior Accessory Dwelling Units).
SUMMARY
This item proposes amendments to the Chula Vista Municipal Code to align regulations for Accessory
Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) with State Law. The amendments
entirely remove the associated development standards, thereby deferring to State Government Code and any
applicable State regulations for all applicable requirements.
HOUSING IMPACT STATEMENT
No housing units are proposed as part of this item.
ENVIRONMENTAL REVIEW
The Director of Development Services reviewed the proposed legislative action for compliance with the
California Environmental Quality Act (“CEQA”) and determined that the action qualifies for the “common
sense” exemption under State CEQA Guidelines section 15061(b)(3). The action involves updates and
modifications to the CVMC related to State Law compliance and clarification of previously adopted text
regarding ADUs and JADUs. The action of updating and modifying the CVMC with these changes will not result
in a material intensification of uses or a change in development potential within the City above what already
is permitted under State Law and the existing land use and zoning policies of the CVMC that are being
updated. Based on an analysis of the nature and type of these changes to the CVMC, there is a certainty that
there is no possibility that the amendments may have a significant effect on the environment.
Page 8 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
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DISCUSSION
Background
On January 1, 2025, California enacted new legislation regarding Accessory Dwelling Units (ADUs) and Junior
ADUs (JADUs) through SB1211. Key changes include:
1. Allowing up to eight detached ADUs alongside an existing multi-family dwelling (up from two).
2. Removing the requirement to replace parking when an uncovered parking space is replaced with an
ADU.
These changes require local municipalities to update their ADU ordinances to align with state law. If local
ordinances do not meet the new State standards, they will be overridden by the State Law. Specifically,
Government Code Section 65852.2(a)(4) states that local ordinances that don't comply will be deemed
invalid, and the municipality must apply State standards until a new compliant ordinance is adopted.
In recent years, the California Legislature has updated ADU and JADU laws frequently to support housing
development. This has led to frequent changes that local governments must address to remain compliant and
avoid adverse enforcement actions from the California Department of Housing and Community Development
(HCD).
The City of Chula Vista has worked to keep its ADU and JADU regulations aligned with these frequent State
Law updates. However, the ongoing changes make it challenging to maintain local regulations. To avoid the
yearly need for updates and ensure compliance, to avoid confusion about what regulatory standards apply,
and to avoid potential conflicts with State Law, City Staff recommends a complete repeal of its local
ADU/JADU ordinances, and simply defer to the California Government Code and any applicable State
regulations.
CONCLUSION
Staff recommends the Planning Commission adopt the resolution recommending the City Council adopt an
Ordinance amending CVMC Sections 19.58.022 (Accessory Dwelling Units) and 19.58.023 (Junior Accessory
Dwelling Units).
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the Planning Commission members do not create a disqualifying
real property- related financial conflict of interest under the California Political Reform Act (Cal. Gov’ t. Code
§ 87100, et seq.).
Staff is not independently aware and has not been informed by any Planning Commission member, of any
other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
FISCAL IMPACT
The adoption and implementation of the proposed ordinance will not have any fiscal impact on the General
Fund or Development Services Fund for the current or future fiscal years.
Page 9 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
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ATTACHMENTS
1 – Planning Commission Resolution
2 – Draft City Council Ordinance
Staff Contact: Chris Mallec, AICP, Senior Planner
D. Todd Philips, Ed.D., Planning Manager
Page 10 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
RESOLUTION NO. 2025-XX
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
REPEALING CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022
(ACCESSORY DWELLING UNITS) AND 19.58.023 (JUNIOR ACCESSORY
DWELLING UNITS).
WHEREAS, on January 1, 2025, State of California Senate Bill (SB) 1211 established the
latest round of new standards for Accessory Dwelling Units (“ADUs”) and Junior Accessory
Dwelling Units (“JADUs”);
WHEREAS, Chula Vista Municipal Code (“CVMC”) Sections 19.58.022 (ADUs) and
19.58.023 (JADUs) are currently not in compliance with the newly-adopted SB 1211, and are
required to be brought into compliance through the amendment process; and
WHEREAS, State ADU and JADU law has been changed many times by the California
State Legislature on a biannual basis to help further streamline and increase unit development
throughout the State; and
WHEREAS,. Chula Vista has to continually adopt new provisions or revise existing
provisions to comply with ever-changing State Law and avoid potential adverse enforcement
action by the State’s Housing and Community Development Department (“HCD”); and
WHEREAS, by modifying the CVMC to defer all ADU and JADU regulations to the State
Government Code and any applicable State regulations, Chula Vista’s local regulations will remain
in perpetual compliance with State Law helping the City to remain competitive in applying for
planning and housing-related grants through HCD; and
WHEREAS, the Director of Development Services reviewed the proposed legislative
action for compliance with the California Environmental Quality Act (“CEQA”) and determined
that the action qualifies for the “common sense” exemption under State CEQA Guidelines section
15061(b)(3). The action involves updates and modifications to the CVMC related to State Law
compliance and clarification of previously adopted text, regarding ADUs and JADUs. The action
of updating and modifying the CVMC with these changes will not result in a material
intensification of uses or a change in development potential within the City above what already is
permitted under State Law and the existing land use and zoning policies of the CVMC that are
being updated. Based on an analysis of the nature and type of these changes to the CVMC, there
is a certainty that there is no possibility that the amendments may have a significant effect on the
environment; and
WHEREAS City staff recommends that the Planning Commission approve the proposed
removal of CVMC Sections 19.58.022 and 19.58.023; and
WHEREAS, a hearing time and place was set by the Planning Commission to consider the
CVMC amendments and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, at least ten (10) days prior to the
hearing;
Page 11 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Planning Commission Resolution 2025-XX
February 26, 2025
Page 2
WHEREAS, after review and consideration of the Staff Report and related materials for
this matter, the Planning Commission held a duly noticed public hearing to consider said CVMC
amendments at the time and place as advertised in the 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 hereby recommends that the City Council of the City of Chula Vista find that the
proposed amendments to the CVMC identified in this Resolution qualifies for the “common sense”
exemption under State CEQA Guidelines Section 15061(b)(3). The action involves updates and
modifications the CVMC relating State Law compliance and clarification of previously adopted
text. The action of updating and modifying the CVMC with these changes will not result in a
material intensification of uses or a change in development potential within the City above what
already is permitted under the existing State Law and land use and zoning policies of the CVMC
that are being updated. Based on an analysis of the nature and type of these changes to the CVMC,
there is a certainty that there is no possibility that the amendments may have a significant effect
on the environment.
BE IT FURTHER RESOLVED THAT that the City of Chula Vista Planning Commission
hereby recommends that the City Council of the City of Chula Vista adopt the proposed ordinance
repealing CVMC Sections 19.58.022 and 19.58.023, related to State Law compliance and
clarification of previously-adopted text, regarding ADUs and JADUs.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City
Council.
Presented by: Approved as to form by:
___________________________ ___________________________
Robert A. Vacchi Marco A. Verdugo
Interim Director of Development Services City Attorney
Page 12 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Planning Commission Resolution 2025-XX
February 26, 2025
Page 3
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 26th day of February, 2025, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Michael De La Rosa, Chair
ATTEST:
_______________________
Mariluz Zepeda, Secretary
Page 13 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
B - 1
ORDINANCE NO. _________
ORDINANCE OF THE CITY COUNCIL REPEALING CHULA VISTA
MUNICIPAL CODE SECTIONS 19.58.022 (ACCESSORY DWELLING UNITS)
AND 19.58.023 (JUNIOR ACCESSORY DWELLING UNITS)
WHEREAS, on January 1, 2025, State of California Senate Bill (SB) 1211 established new
standards for Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units
(“JADUs”);
WHEREAS, Chula Vista Municipal Code (“CVMC”) Sections 19.58.022 (ADUs) and
19.58.023 (JADUs) are currently not in compliance with the newly-adopted SB 1211, and are
required to be brought into compliance through the amendment process; and
WHEREAS, State ADU and JADU law has been changed many times by the California
State Legislature on a biannual basis to help further streamline and increase unit development
throughout the state; and
WHEREAS,. Chula Vista has to continually adopt new provisions or revise existing
provisions to comply with ever-changing State Law and avoid potential adverse enforcement
action by the State’s Housing and Community Development Department (“HCD”); and
WHEREAS, by modifying the CVMC to defer all ADU and JADU regulations to the State
Government Code and any applicable State regulations, Chula Vista’s local regulations will remain
in perpetual compliance with State Law helping the City to remain competitive in applying for
planning and housing-related grants through HCD; and
WHEREAS, the Director of Development Services reviewed the proposed legislative
action for compliance with the California Environmental Quality Act (“CEQA”) and determined
Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines;
and
WHEREAS City staff recommends that the City Council approve and adopt the Ordinance
with the proposed repeal of CVMC Sections 19.58.022 and 19.58.023; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the subject
Ordinance and voted _____________ to adopted Resolution No. __________ and thereby
recommends that the City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the subject CVMC
amendments and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, after review and consideration of the Planning Commission Resolution No.
2025-XXX, and the Staff Report and related materials for this matter, the hearing was held to
consider said CVMC amendments and Ordinance at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed.
Page 14 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
B - 2
NOW THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this Ordinance No. ____ qualifies for the “common sense” exemption under
State CEQA Guidelines Section 15061(b)(3). The action involves updates and modifications to the
CVMC related to State Law compliance and clarification of previously adopted text, regarding
ADUs and JADUs. The action of updating and modifying the CVMC with these changes will not
result in a material intensification of uses or a change in development potential within the City
above what already is permitted under State Law and the existing land use and zoning policies of
the CVMC that are being updated. Based on an analysis of the nature and type of these changes
to the CVMC, there is a certainty that there is no possibility that the amendments may have a
significant effect on the environment.
Section I. The CVMC is hereby amended to fully repeal in their entirety, Sections
19.58.022 (Accessory Dwelling Units) and 19.58.023 (Junior Accessory Dwelling Units).
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable State and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final
passage.
Section V. Publication.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Page 15 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
B - 3
Presented By: Approved as to form by:
Robert A. Vacchi Marco A. Verdugo
Interim Director of Development Services City Attorney
Page 16 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Accessory Dwelling Units &
Junior Accessory Dwelling Units
1
Planning Commission
Item 6.1
February 26, 2025
Page 17 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
State Law Compliance
Accessory Dwelling Units (ADU
and Junior Accessory Dwelling
Units (JADU)
Effective January 1, 2025 –SB1211 makes
further changes to ADU regulations
•Eight detached ADUs alongside an
existing multi-family dwelling.
•Remove replacement parking requirement
when ADU replaces uncovered parking
space.
Ordinances not in compliance become null and
void.
Page 18 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
State Law Compliance
•State changes require local municipalities to continually
update their ADU ordinances to align with State Law.
-Government Code Section 65852.2(a)(4)
•State ADU and JADU laws have frequently been
amended to support housing development.
-Continuous compliance or risk of adverse
enforcement action from HCD.
•Repeal of CVMC 19.58.022 (ADU) and 19.58.023
(JADU) in their entirety will avoid the continuous need to
update the CVMC and will ensure compliance by
deferring to the California Government Code and other
relevant regulations.
Page 19 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
RECOMMENDATION
Adopt a Resolution recommending the City
Council adopt an Ordinance repealing, in
their entirety, Chula Vista Municipal Code
sections 19.58.022 (ADU) and 19.58.023
(JADU).
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City of Chula Vista Planning Commission
February 26, 2025 Agenda
P a g e | 1
February 26, 2025
ITEM TITLE
Conditional Use Permit & Design Review: New Construction and Establishment of a Women’s Alcohol
Rehabilitation/Recovery Facility.
Location: 270 C Street
G.C. § 84308: Yes
Environmental Notice: The Project qualifies for an Exemption pursuant to Section 15303 (New
Construction or Conversion of Small Structures) of the California Environmental Quality Act State Guidelines.
Recommended Action
Conduct a public hearing and adopt a Resolution approving Conditional Use Permit (“CUP”) No. 23-0019 and
Design Review Permit (“DR”) No. 23-0015, allowing new construction for and the establishment of a
women’s alcohol rehabilitation/recovery facility, based on findings and subject to conditions contained
therein.
SUMMARY
This item involves a request by the South Bay Pioneers (“Applicant” and “Property Owner”) to construct a
two-story residential facility and provide on-site alcohol recovery treatment exclusively to female residents
of the facility (“Project”). The proposed facility would be located on a lot with existing residences used
specifically to provide alcohol recovery treatment for men.
HOUSING IMPACT STATEMENT
While a residential structure is being constructed as part of this project, the facility is being run as a
commercial use, restricted for those receiving care and will not count towards the City’s affordable housing
requirements.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the Project for compliance with the California
Environmental Quality Act (“CEQA”) and has determined that the Project qualifies for a Categorical
Exemption pursuant to State CEQA Guidelines Section 15303 (New Construction or Conversion of Small
Structures), because the Project would not result in a significant effect on the environment, create a
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City of Chula Vista Planning Commission
February 26, 2025 Agenda
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cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a
historical resource. Thus, no further environmental review is required.
DISCUSSION
Project Site Characteristics
The subject property is located along the south side of C Street, between North Third Avenue and North Del
Mar Avenue. The site has a zoning designation of R-1 (Single-Family Residence) and General Plan designation
of RLM (Residential Low-Medium). The table below identifies the General Plan land use and zoning
designations of the Project Site, as well as the surrounding land uses.
Land Use Designations and Existing Land Uses
General Plan Zoning Designation Existing Land Use(s)
Project
Site
Residential Low-
Medium R-1 Existing Men’s Alcohol Recovery
Facility
North
Residential Low-
Medium, Residential-
Medium (RM)
R-1 and R-3 Existing Single-Family and Multi-
Family Dwellings
East Residential Low-
Medium R-1 Existing Single-Family Dwellings
South
Residential Low-
Medium, Retail
Commercial (CR)
R-1 and R-3 Existing Single-Family and Multi-
Family Dwellings
West Retail Commercial R-3 Existing Multi-Family Dwellings
Background
On July 7, 2023, the Applicant submitted applications for a DR and CUP to allow for a new women’s alcohol
recovery facility to be developed on a parcel with an existing men’s alcohol recovery facility located at 270 C
Street. The 2,720 square-foot two-story structure includes five bedrooms and three bathrooms. Client intake
will occur on Tuesdays and Wednesdays from 8:00 am-10:00 am, with an evening curfew of 10:00 pm. There
will be one on-site, live-in house manager, with the total number of women living at any given time not to
exceed eight residents. Length of stay is also projected to be a minimum of six months, up to a maximum of
one year.
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General Plan Consistency
On October 28, 1986, the City Council adopted a Resolution (Attachment 2) approving a CUP (PCC-87-08), to
allow for the construction of a men’s alcohol recovery facility, consisting of 18 residential units across five
structures, on the subject property. The existing development conforms to City Council’s approval from 1986.
However, the 1986 action created a non-conforming condition by allowing a multi-family use in a single-
family zone.
Since 1986, the CVMC’s approval provisions have been amended and now require City Council action on CUPs
and DRs in an extremely limited number of circumstances. Instead, the City Council has empowered the
Planning Commission and Zoning Administrator to approve discretionary projects on the City’s behalf.
Because the Project is not amending the General Plan, nor any Specific Plan or Sectional Planning Area Plan,
and because CUPs as a matter of routine practice are approved by the Planning Commission or Zoning
Administrator, Staff has determined the appropriate reviewing authority for the Project is the Planning
Commission.
Site and Building Design
The structure’s design mimics a single-family dwelling and can be best described architecturally as modern-
contemporary, with white Hardie board siding and a composite shingle roof. The 2,720 square-foot two-story
structure will include five bedrooms and three bathrooms. The first floor will include a living room,
kitchen/dining area, family room, and a manager’s bedroom/bathroom. The second floor will consist of four
bedrooms, two bathrooms, a laundry room, and utility/storage room.
Site access is provided off a singular driveway along C Street, with the parking area provided in the middle
of the site. Three standard parking spaces are provided and required as part of the Project. The site is over-
parked by fourteen spaces based on the existing men’s facility use, and pursuant to CVMC Section
19.62.050(34) relating to residential facilities.
The proposed planting palette has low and medium water use, while enhancing the modern architecture of
the development. Automatic drip and spray irrigation is proposed to ensure the Project is sustainable and
meets current water efficiency guidelines.
CONCLUSION
Because the City Council previously approved a CUP for a non-conforming use by finding that it allows for a
needed and desired benefit or service to be provided to the City in the form of alcohol treatment, Staff
recommends the Planning Commission adopt a Resolution approving the proposed CUP and DR, and,
amending the original CUP to allow an expansion of the use incorporating a women’s facility subject to the
conditions contained in the resolution.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the Planning Commission members and has found no property
holdings within 1,000 feet of the boundaries of the subject property. Consequently, this item does not present
a disqualifying real property-related financial conflict of interest under California Code of Regulations Title
2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code § 87100, et seq.).
Page 23 of 87
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Staff is not independently aware and has not been informed by any Planning Commission member of any
other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
FISCAL IMPACT
There are no current or ongoing fiscal impacts to the General Fund or the Development Services Fund
resulting from this action. All costs incurred processing this application are borne by the Applicant.
ATTACHMENTS
1 – Location Map
2 – Original CUP Approval by 1986 City Council
3 – Planning Commission Resolution
4 – Project Site Plan
5 – Disclosure Statement
Staff Contact: Chris Mallec, AICP, Senior Planner
D. Todd Philips, Ed.D., Planning Manager/Zoning Administrator
Page 24 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Page 25 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
RESOLUTION NO. 12789
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CONSTRUCTION OF 18
RESIDENTIAL UNITS AT 270 "C" STREET IN THE R-1
ZONE PURSUANT TO CONDITIONAL USE PERMIT
PCC-87-8 - SOUTH BAY PIONEERS
The City Council of the City of Chula Vista does hereby
resolve as follows:
4HEREAS, the South Bay Pioneers operate a facility for
the rehabilitation of people with alcohol related problems, and
WHEREAS, the South Bay Pioneers made two different
proposals to the City Council in 1985 for the construction of
units which would be used in the rehabilitation program for
members of families receiving help from the facility on "C"
Street, and
WHEREAS, the City Council aenied the two earlier
proposals by the applicant in 1985, however, on August 12, 1986,
the City Council indicated that the South Bay Pioneers could file
a new conditional use permit application without fee, and
WHEREAS, an Initial study, IS-85-23, of possible adverse
environmental impacts of the project was conducted by the
Envirol~mental Review Coordinator on January 3, 1985, and
WHEREAS, the Environmental Review Coordinator concluded
that there would be no significant enviromental effects and
recommended that the Negative Declaration be adopted, and
WHEREAS, the Planning Commission, on October 8, 1986,
voted 5-0, with two commissioners absent, to adopt the Negative
Declaration and to approve the request by the applicant of an 18
unit apartment facility in accordance with Planning Commission
Resolution PCC-87-8, and
WHEREAS, the staff recommendation is to deny the
conditional use permit PCC-87-8 as requested, but approve the
construction of residential structures at 270 "C" Street subject
to certain conditions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby denies applicant's conditional use
permit PCC-87-8 as submitted, but approves the construction of
residential structures at 270 "C" subject to the following
conditions:
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City of Chula Vista Planning Commission
February 26, 2025 Agenda
Revised 10/29/86
The number of units shall be limited to 18
one-bedroom apartments (minimum 500 square feet
each).
2. The units shall be a maximum of two stories in
height.
3. Each unit shall have a minimum of one resident
parking space.
4. The 18 units shall consist of a combination of
duplex and/or triplex units separated by a minimum
of 10'
The project shall be subject to site plan and
architectural review by the Design Review Committee
prior to application for a building permit.
6. A landscape and irrigation plan shall be submitted
with the application for a building permit.
o Installation of any missing improvements on "C"
Street fronting the property will be required.
Existing power poles and street sign at the
intersection of "C" Street and Del Mar Avenue must
be relocated (Note: The Engineering Department
estimates the cost of improvements and corrective
work required along this frontage to be ~210,000).
Prior to issuance of any Duilding permit for the
expansion of the facility, the permittee shall enter
into an agreement with the City of Chula Vista
ensuring that the use of the facility shall remain
consistent with this conditional use permit. Said
agreement shall be secured by a recorded Deed of
Trust. The agreement shall be satisfactory to the
City Attorney's office.
BE IT FURTHER RESOLVED that the approval of PCC-87-8 is
Dased upon the following findings:
The project as conditioned meets a community need by
providing an expansion of an existing facility and a
new program component in the treatment of alcoholism.
o The project site is depressed in elevation and
buffered from surrounding uses by terrain,
landscaping and lot orientation, and activities will
be monitored by South Bay Pioneers staff.
2-
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City of Chula Vista Planning Commission
February 26, 2025 Agenda
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City of Chula Vista Planning Commission
February 26, 2025 Agenda
Page 29 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT CUP23-0019 AND DESIGN
REVIEW PERMIT DR23-0015 FOR THE CONSTRUCTION AND
ESTABLISHMENT OF A WOMEN’S ALCOHOL REHABILITATION/
RECOVERY FACILITY, LOCATED WITHIN A SINGLE-FAMILY
RESIDENTIAL (R-1) ZONE OF THE CHULA VISTA MUNICIPAL CODE.
WHEREAS, on July 7, 2023 a duly-verified application for a Conditional Use Permit
(“CUP”) and Design Review Permit (“DR”) was filed with the City of Chula Vista Development
Services Department by South Bay Pioneers (“Applicant” and “Owner”); and
WHEREAS, the property that is the subject of this Resolution is a developed parcel with
an existing men’s alcohol recovery center located at 270 C Street (“Project Site”); and
WHEREAS, the Applicant requests approval of a CUP and DR to construct and establish
a women’s alcohol rehabilitation/recovery facility; and
WHEREAS, in accordance with Chula Vista Municipal Code (“CVMC”), Section
19.24.040(E) states that unclassified uses including the proposed project, is subject to CUP
approval in the R-1 zone by the Planning Commission; and
WHEREAS, the Director of Development Services has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301
Class 1 (Existing Facilities), because the proposed project would not result in a significant effect
on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial
adverse change in the significance of a historical resource. Thus, no further environmental review
is required; and
WHEREAS, the Director of Development Services set the time and place for a hearing
before the Planning Commission, 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 within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the
hearing; 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.
WHEREAS the Planning Commission has reviewed and considered all materials for the
Project;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby makes the following findings regarding CUP23-0019 and DR23-0015:
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PC Resolution No. 2025-xxx
February 26, 2025
Page 2
1. That the proposed use at the particular location is necessary or desirable to provide
a service or facility which will contribute to the general well-being of the
neighborhood or the community.
The proposed use will be a necessary and desirable facility in the community by providing
an expansion of an existing facility, in adding a women’s component in the treatment of
alcoholism.
2. That such use will not, under the circumstances of the particular case, be detrimental
to the health, safety or general welfare of persons residing or working in the vicinity,
or injurious to property or improvements in the vicinity.
The proposed use will not adversely affect the general wellbeing of the neighborhood or
the community, due to the applicant’s continued commitment to providing a successful
alcohol recovery program for both men and women. All necessary building permits will
also comply with the applicable sections of the California Building and Fire Codes.
3. The use will comply with the regulations and conditions specified in the code for such
use.
The Project will be required to continually comply with all applicable conditions, codes,
and regulations.
4. Granting this permit will not adversely affect the General Plan of the City or the
adopted plan of any government agency.
The General Plan designates the site as Residential Low-Medium (“RLM”). A previously-
approved Conditional Use Permit (PCC-87-08) for the Subject Site granted a non-
conforming condition with respect to the allowable density, in allowing a multi-family use
in a single-family zone. However, under the proposed Project, it has been determined that
the construction of an additional dwelling unit will not further impact or adversely affect
implementation of the General Plan.
5. The proposed project is consistent with the City of Chula Vista’s General Plan,
CVMC Title 19, Sectional Planning Area, Specific Plan, etc.
The proposed project complies with all applicable development standards, specifically
within the R-1 zone, the parking standards for residential facilities, and CVMC Section
19.58.268. All required parking for the proposed building will be provided on-site. The
proposed building will incorporate modern architectural elements with Hardie board siding
and composite shingle roofing. In various landscaped areas throughout the site, the use of
water-efficient plants and a water-efficient irrigation system should reduce the overall
maintenance cost of the Project.
6. The proposed project is consistent with the design requirements and
recommendations contained in the City of Chula Vista’s Design Manual.
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The proposed building incorporates design features consistent with the standards set forth
in the City’s Design Manual. In various landscaped areas throughout the site, the use of
water-efficient plants and a water-efficient irrigation system should reduce the overall
maintenance cost of the Project.
7. The project would not adversely affect the health, safety, or general welfare of the
community.
The proposed apartment project will be subject to all health, safety, and general welfare
standards and regulations set forth by the City of Chula Vista. The project’s design
proposes sufficient parking relative to the unit amount, as well as water-efficient
landscaping and irrigation system.
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings
above, does hereby approve the Project and CUP23-0019 and DR23-0015, subject to the following
conditions. Unless specified otherwise, the following shall be completed to the satisfaction of the
Director of Development Services, or their designee, prior to issuance of building permits.
Additional requirements may be imposed resulting from new standards or regulations established
at the time of development and/or application submittal.
Planning
1. A graffiti-resistant treatment shall be specified on the building permit drawings for all wall
and building surfaces up to 10 feet above finished grade. Additionally, the Project shall
conform to CVMC 9.20.060 (Prevention Provisions) and CVMC 9.20.055 (Removal
Provisions) regarding graffiti control or meet a different and appropriate standard
consistent with the intent of the provisions that is established by the Director of
Development Services.
2. The Applicant shall develop the Project and Project Site in accordance with the approved
plans for CUP23-0019 and DR23-0015, which include a site plan, floor plans, and
elevations on file in the Development Services Department. The colors and materials
specified on the building permit drawings shall be consistent with the colors and materials
shown on the plans approved by the Planning Commission for this Design Review.
3. Ground-mounted utility appurtenances such as transformers and/or air conditioning
condensers shall be located out of public view and/or adequately screened using a
combination of concrete or masonry walls, berming, and/or landscaping. The sound from
such appurtenances shall also be buffered from adjacent properties and streets using the
same method(s). The method and type of screening shall be specified on the building permit
drawings for the Project.
4. 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. Such screening shall be architecturally integrated with the proposed
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PC Resolution No. 2025-xxx
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Page 4
building design. The method and type of screening shall be specified on the building permit
drawings for the Project.
5. All exterior lighting shall be shown on the building permit drawings for the Project and
shall include shielding to prevent any glare onto adjacent properties. Details for said
lighting shall also be included in the building permit drawings for the Project.
Land Development
6. The Applicant shall comply with all requirements and guidelines of the CVMC; the Chula
Vista Subdivision Manual; the Chula Vista Design and Construction Standards; the
Development Storm Water Manual for Development and Redevelopment Projects; Chula
Vista Grading Ordinance (No. 1797); and the Subdivision Map Act.
7. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
Municipal Code; 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.
8. The following fees will be required based on the Final Building Plans submitted.
9. Please see reference to fee schedule at: City of Chula Vista Fee Schedule
a. Sewer Connection and Capacity Fees
b. Public Facilities Development Impact Fees (PFDIF)
c. Transportation Development Impact Fees (TDIF)
d. Other Engineering Fees as applicable per the City’s Master Fee Schedule.
10. 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.
11. 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.
12. The Applicant shall submit an improvement plan and obtain a Construction Permit for any
proposed, if any, construction work in the right-of-way.
13. Construct the existing driveway to current City standards and make it ADA compliance, as
part of the 1st City permit. Add a note to say: Driveway to be constructed per GSI-01.
14. Removal and replacement of any broken curb, gutter, and sidewalk fronting the property
per San Diego Regional Standard Drawings SDRSD G-02, and G-07 as determined by
Public Works Inspectors. Sidewalk shall be designed and constructed with proper
transitions to existing conditions.
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Page 5
15. Utility trenching and restoration, if any, per GSI-03.
16. 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.
17. It is the applicant 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.
18. 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.
19. Prior to beginning any earthwork activities at the site and before issuance of Building
Permit, if the combined volume of the cut and fill is more than 250 cubic yard and/or the
cut or fill depth is more than 3 ft; the Applicant shall submit grading plans to the Land
Development Division for processing, reviewing, and permitting in accordance with
Municipal Code Title 15.04. Plans shall be in conformance with the City’s Subdivision
Manual and the City’s most current Best Management Practices, BMP Design Manual.
20. Approval letter from the geotechnical engineer accepting the import material and a
Transportation Permit are required prior to importing any material to the job site.
21. The applicant shall provide technical reports such as geotechnical, drainage, and any other
required report, and shall be reviewed and approved prior to issuance of any permit.
22. Design Review Storm Water Quality Management Plan (“SWQMP”) is considered
conceptually complete and provides adequate information on the projects BMP’s
objectives to move forward into Construction Drawing documents. There may be
additional requirements set at the time the development takes place and/or a Land
Development Permit is applied for, depending upon final plans submitted for review and
approval.
23. Permanent storm water requirements, including site design, source control, and Best
Management Practices (BMPs), all as shown in the approved Standard SWQMP, shall be
incorporated into the project design, and shall be shown on the plans.
24. Construction Stormwater Pollution Control Plan (CSWPCP) must be submitted and
approved prior to issuance of the grading permit.
25. The following applies to any retaining wall on the site, if any:
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 San Diego
Regional Standard Drawings, or City of Chula Vista Construction Standards GRD-
05.
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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.
26. The Applicant shall Grant an Irrevocable Offer of Dedication of 1 feet along the entire
Project’s frontage along C street, prior to issuance of any City permit.
27. The Applicant shall Grant the City a landscape easement of 5.5 feet prior to the issuance
of any City permit.
28. A “Will Serve” letter from Sweetwater Authority District shall be provided prior to the
issuance of any City permit.
29. 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.
30. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking, if any, shall be
designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24
standards, as applicable.
31. Any proposed private water and fire lines structures are to be submitted on the Bui lding
Plan and permitted by the Building and Fire departments.
32. Any proposed Fire Access Roads and Driveways shall meet H-20 Loading requirements or
shall be designed for a Traffic Index (T.I.) of 5.
33. Any Proposed trash enclosure shall be a covered trash enclosure and meet requirements of
City’s most current Best Management Practices, BMP Design Manual Fact Sheet SC-Q.
34. Applicant shall obtain an Encroachment Permit for any private facilities within public
right-of-way and/or City easements prior to construction permit or building permit
issuance.
35. The Applicant is advised that there may be additional requirements set at the time the
development takes place, depending upon final plans submitted for Grading, Improvements
and/or Building Permits. This response is based solely on the material that were submitted
for our review.
Landscape Architecture
36. Prior to the second submittal of the building permit set, Applicant shall submit a complete
set of Landscape Improvement plans for review and approval by the Director of
Development Services or designee. For further information about submitting Landscape
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Page 7
Improvement plans and to download a Landscape Improvement review packet see the
following link.
https://www.chulavistaca.gov/departments/developmentservices/resources/dsdformsspeci
fications
Said plans shall conform to the following City documents including but not limited to:
i. Landscape Water Conservation Ordinance (LWCO), Chapter 20.12 of the City
of Chula Vista Municipal Code
ii. City of Chula Vista Landscape Manual
iii. Shade Tree Policy (576-19)
37. Prior to the final building inspection, the Owner shall have installed Landscape
Improvements and have had said improvements inspected by City staff, per approved
Landscape Improvement Plans, to the satisfaction of the Director of Development Services
or designee.
38. New dwelling units generate Park Acquisition and Development (PAD) fees in accordance
with Chapter 17.10 of the City of Chula Vista Municipal Code. Payment of the PAD fee
per dwelling unit is required in accordance with CVMC 17.10.100; however, pursuant to
Ordinance No. 3324, payment of PAD fees can be deferred to prior to final inspection. The
PAD fee amount shall be based on the rates in effect at the time in which they are due. The
PAD fee is adjusted on an annual basis on October 1st and costs are subject to change at
that time.
BE IT FURTHER RESOLVED that the following ongoing conditions shall apply to the Project
Site for as long as it relies upon this approval:
1. The Applicant shall maintain the Project Site in accordance with the approved plans for
CUP23-0019 and DR23-0015, which include a site plan, floor plans, and elevations on file
in the Development Services Department. The Project shall also maintain compliance with
the conditions contained herein, as well as other applicable regulations of the CVMC.
2. 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.
3. 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, fees, 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 the Project, the City’s costs to retain its own defense counsel to
defend any challenge to any Project-related approvals, court costs and attorney fees
(collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) the
City’s approval and issuance of this permit and (b) the City’s approval or issuance of any
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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
Property Owner’s compliance with this provision is an express condition of this permit and
shall be binding on any and all of the Applicant/operator’s successors and assigns.
4. The Applicant shall comply with all applicable requirements and guidelines of the Chula
Vista General Plan, the Chula Vista Landscape Manual, the CVMC, 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
City staff with the approval of the Director of Development Services. However, any
substantial modifications shall be subject to approval by the Planning Commission.
5. This permit shall expire if not utilized within three years of the approval date (February 25,
2028) or the end of any appeal period unless the Applicant initiates an extension prior to
expiration of the permit in accordance with CVMC 19.14.600.
6. 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.
7. The conditions of approval for CUP23-0019 and DR23-0015 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.
8. If applicable, the Applicant shall obtain a sign permit from the Development Services
Department for each proposed sign. Signs shall comply with all applicable requirements of
the CVMC.
9. The Applicant shall comply with all applicable requirements and guidelines of the CVMC;
the Chula Vista Subdivision Manual; the 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); and the Subdivision Map
Act.
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, 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 have been given notice similar to this,
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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 City’s Development Services Department.
________________________________ _______________________
Chris Naumann Date
for South Bay Pioneers
Applicant & Property Owner
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fails to be met, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fails 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 is
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.
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Presented by: Approved as to form:
_________________________ _____________________
Robert A. Vacchi for Marco A. Verdugo
Interim Director of Development Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 26th day of February 2025, by the following vote, to-wit;
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
Michael De La Rosa, Chair
ATTEST:
________________________
Mariluz Zepeda, Secretary
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EXISTING 2-STORY
MEN-IN-RECOVERY
RESIDENTIAL FACILITY
660' PROPERTY LINE
SITE PLAN
660' PROPERTY LINE
14
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EXISTING SLOPE
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E) 5' RETAINING WALL
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53
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DOMESTIC by SWA)
N) 225AMP ELECTRIC PANEL
METER (NEW OVERHEAD
SERVICE BY SDGE)
S
E) 6" SEWER LATERAL
EXISTING DRIVEWAY
E) 6" CONC CURB
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DOMESTIC by SWA)
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N) 1.5" DEDICATED
FIRE SERVICE (by SWA)
EXISTING SLOPE
N) "RPDA" BACKFLOW (by owner)
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23'
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N) 2-STORY
WOMEN-IN-RECOVERY
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N) 36"RANGE/OVEN
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N) "RP" BACKFLOW (by owner)
N) 1" WATER SERVICE
DOMESTIC by SWA)
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FIRE SERVICE (by SWA)
N) "RPDA" BACKFLOW (by owner)
N) 2-STORY
WOMEN-IN-RECOVERY
RESIDENTIAL HOUSING
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N) 6" CONC CURB
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SCALE: 1" = 50'
SITE PLAN
168402
SCALE: 18" = 1'-0"
SCHEMATIC LANDSCAPE PLAN
A
L1
B
B
PROPOSED HARDSCAPE MATERIAL LEGEND:
HARDSCAPE LEGEND
HARDSCAPE PAVING 'A'
Impermeable paving such as:
Uncolored concrete sidewalk/ patio paving
broom-swept finish
L1
SC
H
E
M
A
T
I
C
L
A
N
D
S
C
A
P
E
PL
A
N
LANDSCAPE KEY NOTES:
A PROPERTY LINE - TYPICAL SYMBOL
LIMIT OF WORK
INSTALL 2' DEEP x 10 FT. LONG ROOT BARRIER (TYP.)
WHERE NEW TREE TRUNKS COME WITHIN 5' OF HARDSCAPE,
PROVIDE AND INSTALL 3" DEEP ORGANIC MULCH IN ALL
NEW PLANTING BEDS. TAPER MULCH TO A 1" DEPTH
AS IT NEARS EACH PLANT OR HARDSCAPE EDGE.
EXISTING RETAINING WALL TO REMAIN - PROTECT IN PLACE
NEW 6' HIGH FENCE
NEW SEWER LATERAL
NEW FIRE SERVICE LINE
NEW DOMESTIC WATER SERVICE
NEW DETECTABLE WARNING TRUNCATED DOMES
EXISTING LIGHT POLE TO REMAIN - PROTECT IN PLACE
EXISTING CONCRETE WALKWAY TO REMAIN - PROTECT IN PLACE
EXISTING PARKING LOT TO REMAIN - PROTECT IN PLACE
EXISTING 6" CONCRETE CURB TO REMAIN - PROTECT IN PLACE
NEW OUTDOOR PATIO
EXISTING SEWER LINE TO REMAIN - PROTECT IN PLACE
B
C
D
E
F
G
H
I
J
LANDSCAPE SUMMARY
TOTAL SITE: 95,700 SF
REQUIRED LANDSCAPED AREA
15% OF TOTAL SITE: 14,355 SF
LANDSCAPE AREA PROVIDED (ON-SITE):41,889 SF (44%)
EXISTING PARKING AREA:34,478 SF
REQUIRED LANDSCAPED AREA 10%:3,448 SF
LANDSCAPED AREA PROVIDED:
EXISTING:4,363 SF
NEW:1,084 SF
TOTAL:5,447 SF (16%)
THE LANDSCAPE ENVISIONED FOR THIS PROPOSED SINGLE-FAMILY DWELLING FOR
WOMEN-IN-RECOVERY REHABILITATION FACILITY WILL CREATE A RELAXING
OUTDOOR ENVIRONMENT THAT WILL BENEFIT PHYSICAL & MENTAL HEALTH.
REAR PATIO AREA PROVIDED WITH BUFFER OF TREES & SHRUBS TO PROVIDE
SEPARATION FROM ADJACENT PARKING & EXISTING RESIDENCES/ FACILITY.
PROPOSED PLANT MATERIAL ARE SELECTED FOR THEIR WATER EFFICIENCY &
MAINTAINABILITY. ALL LANDSCAPE WILL BE MAINTAINED BY THE OWNER,
LANDSCAPE CONCEPT DESIGN STATEMENT
THIS LANDSCAPE DESIGN AND THE FINAL LANDSCAPE PLANS WILL REFLECT CONFORMANCE WITH
THE CITY OF CHULA VISTA'S LANDSCAPE WATER CONSERVATION ORDINANCE (CVMC20.12),
PROMOTING WATER CONSERVATION THROUGH THE USE OF MODERATE AND LOW-WATER
REQUIRING PLANT SPECIES, GROUPING OF PLANT MATERIALS WITH SIMILAR WATER
REQUIREMENTS AND IMPLEMENTING A LOW VOLUME AND EFFICIENT AUTOMATIC IRRIGATION
SYSTEM.
CONCEPTUAL IRRIGATION DESIGN STATEMENT
K
B
A
A
B
B
B
B
C
C
D
D
D
EE
G
H I
L
L
M
M
M
SOUTH BAY PIONEERS
EXISTING)
NEW 2- STORY
WOMEN -IN RECOVERY
RESIDENTIAL HOUSING
EXISTING)
EXISTING)
EXISTING)(EXISTING)
JOE CODDY APTS.
EXISTING)
LAUNDRY
EXISTING)
N
N
O
O
P
P
4'
4'
F F
K
SYMBOL BOTANICAL NAME COMMON NAME SIZE WUCOLS QTY
TREES
Euphorbia ingens Candelabra Tree 5 gal VERY LOW 1
Schinus molle California Pepper 15 gal VERY LOW 3
SHRUBS
Agave attenuata Foxtail Agave 5 gal LOW 11
Euphorbia tirucalli Pencil Tree 5 gal VERY LOW 2
Portulacaria afra Elephant Bush 5 gal VERY LOW 18
SYMBOL BOTANICAL NAME COMMON NAME CONT WUCOLS SPACING QTY
GROUND COVERS
Malephora lutea Rocky Point Ice Plant flat plants @ 48" o.c.VERY LOW 48" o.c. 186
PLANT SCHEDULE
Page 46 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
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City of Chula Vista Planning Commission
February 26, 2025 Agenda
Page 48 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
270 C Street
Conditional Use Permit
1
Planning Commission
Item 6.2
February 26, 2025
Page 49 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Project Location
N
EXISTING
MEN’S
RECOVERY
FACILITY
PROPOSED
WOMEN’S
RECOVERY
FACILITY
Page 50 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Background
•October 28, 1986: City Council approval of the existing men’s
alcohol recovery facility establishing a non-conforming condition on
the site.
•The CVMC has since been amended to require City Council action
on CUPs and DRs in an extremely limited number of circumstances.
-Planning Commission and Zoning Administrator can also
approve discretionary projects on the City’s behalf.
-Because the Project is not amending the General Plan,
Specific Plan, or Sectional Planning Area Plan, the appropriate
reviewing authority for the Project is the Planning
Commission.
Page 51 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Project Description
•July 7, 2023 -DR and CUP submitted to allow for a new women’s
alcohol recovery facility, on a parcel with the men’s alcohol
recovery facility.
•2,720 square-foot, two-story, single-family structure includes five
bedrooms and three bathrooms.
-One on-site, live-in house manager
-No more than eight residents
•Client intake: Tuesdays and Wednesdays from 8:00 am-10:00 am;
evening curfew of 10:00 pm.
•Length of stay expected to be a minimum of six months, up to a
maximum of one year.
Page 52 of 87
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February 26, 2025 Agenda
Facility Layout Page 53 of 87
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February 26, 2025 Agenda
Building Design Page 54 of 87
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February 26, 2025 Agenda
Floorplan Page 55 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Landscaping Page 56 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
RECOMMENDATION
Adopt a Resolution approving the
Design Review Permit (DR23-0015) and
Conditional Use Permit (CUP23-0019)
allowing for an expansion of the
approved use.Page 57 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
v . 0 0 1 P a g e | 1
February 26, 2025
ITEM TITLE
Conditional Use Permit for the Sale of Alcoholic Beverages, Including Tasting and Education, Within an
Existing Retail Building in the Village Center of the Eastlake II Sectional Planning Area
Location: 2230 Otay Lakes Road (APN: 595-322-21)
G.C. § 84308: Yes
Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301
(Existing Facilities) of the California Environmental Quality Act (“CEQA”) State Guidelines.
Recommended Action
Approve a CEQA Categorical Exemption under CEQA Guidelines section 15301, and a dopt a resolution
approving Conditional Use Permit CUP24-0022 to allow the sale of alcoholic beverages, including tasting and
education, for offsite consumption and onsite tastings in an existing retail building based on the findings and
subject to the conditions contained therein.
SUMMARY
California Fine Wine and Spirits, LLC (“Applicant”) requests approval to sell beer, wine, and distilled spirits
for offsite consumption, operate beer and wine tasting areas, and conduct wine education classes within an
existing vacant commercial building in the Village Center of the Eastlake II Sectional Planning Area
(“Project”).
HOUSING IMPACT STATEMENT
The subject property was not designated in the Housing Element as a site to contribute to the City’s regional
housing need. Therefore, there is no net loss of housing capacity toward fulfilling the City’s housing
allocation.
ENVIRONMENTAL REVIEW
The Director of Development Services reviewed the proposed Project for compliance with the CEQA and
determined that the Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301
(Existing Facilities) of the CEQA Guidelines because the proposed Project would involve a negligible or no
expansion of the former use in the space. Further, no exception to the Categorical Exemption exists under
CEQA Guidelines section 15300.2 because the proposed Project would not impact any environmental
resources of hazardous or critical concern, result in a significant effect on the environment, create a
cumulative significant environmental impact, damage a scenic highway, be located on a designated
Page 58 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 2
hazardous waste site, or cause a substantial adverse change in the significance of a historical resource. No
additional environmental review is therefore required.
DISCUSSION
Background
On November 15, 2024, the Applicant submitted an application for a Conditional Use Permit (“CUP”) to allow
for a new Total Wine & More retail store at an existing commercial center. The tenant space is currently
vacant and was previously occupied by Rite-Aid, operating under a general retail use. The proposed project
will offer a wide range of alcoholic beverages and related items, functioning as a large-scale liquor store for
one-stop shopping. In accordance with Section III.B.33 of the Eastlake II Planned Community (“PC”) District
Regulations, liquor stores require a CUP in the Village Center. The Eastlake II PC District Regulations further
indicate that the Planning Commission is the appropriate review authority for this type of CUP.
In addition to the CUP, the Applicant is required to obtain Types 21, 42, and 86 licenses from the California
Department of Alcoholic Beverage Control (“ABC”).
Project Site Characteristics
The subject property is located along Otay Lakes Road, between Eastlake Parkway and State Route 125
(Attachment 1). The site is located within the Eastlake II Sectional Planning Area and zoned Village Center
(“VC-3”), with a General Plan designation of Retail Commercial (CR). The table below identifies the General
Plan land use and zoning designations of the subject property and its surroundings.
Land Use Designations and Existing Land Uses
General Plan Zoning Designation Existing Land Use(s)
Project
Site Retail Commercial VC-3 Retail
(vacant)
North Retail Commercial VC-3 Eating and drinking establishment
East Retail Commercial VC-3
Eating and drinking establishment
Beauty salon
Retail stores and shops
South Parks and Recreation OS-4 Community park
West Retail Commercial VC-3 Retail stores and shops
Eating and drinking establishment
Page 59 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 3
Project Description
The Project proposes the retail sale of beer, wine, and distilled spirits and includes sample tasting and wine
education classes, which are further described below:
Wine Education Classes
Consumer education classes will be offered onsite in a classroom with seating for 32 people. These classes
are intended to be promotional events that provide further insights into the offered products and are taught
by leading industry experts and staff. Presentations will include tastings as well as discussions on flavor and
the history of the product’s region. Classes will occur up to two times per month with a typical run time of
1.5 hours per class. The Wine Education Classroom requires an ABC Type 42 license to allow Total Wine &
More employees to serve the highlighted product.
Product Tasting Classes
The project will include tasting areas for certain wines, spirits, and beers. These areas will be clearly marked
and separated by stanchions with signs indicating that only individuals over the age of 21 may enter when
tastings are taking place. The tasting areas cannot be expanded or relocated without changes to the CUP and
ABC license(s). In addition to the ABC Type 42 license, which allows employees to serve samples, the
applicant will also request an ABC Type 86 license to allow manufacturer employees to conduct tastings.
Pour sizes and number of samples per customer will follow California’s alcohol tasting laws.
Outside of selling alcoholic beverages, the Project proposes a 177-square foot cigar humidor for the retail
sale of cigars and cigar accessories. No smoking will be allowed inside the premises.
CONCLUSION
After reviewing the proposed project and considering the findings required by Chula Vista Municipal Code
Section 19.14.080, staff recommends that the Planning Commission approve the project, based on these
findings and the conditions outlined in the attached resolution (Attachment 2).
DECISION-MAKER CONFLICT
Staff reviewed the property holdings of the Planning Commission members and found no property holdings
within 1,000 feet of the boundaries of the subject property. Consequently, this item does not present a
disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2,
section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).
Staff is not independently aware nor has been informed by any Planning Commission member of any other
fact that may constitute a basis for a decision-maker conflict of interest in this matter.
FISCAL IMPACT
All costs incurred processing this application are borne by the Applicant, resulting in no net fiscal impact to
the Development Services Fund or the General Fund.
Page 60 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 4
ATTACHMENTS
1. Location Map
2. Resolution No. 2025-xxx
3. Total Wine & More Fact Sheet
4. Project Plans
5. Disclosure Statement
Staff Contact: Robin Luna, Associate Planner, Development Services
Desmond Corley, Principal Planner, Development Services
Rebecca Bridgeford, Deputy Director, Development Services
Page 61 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Page 62 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Attachment 2
RESOLUTION NO. __________
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA APPROVING A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING A
CONDITIONAL USE PERMIT CUP24-0022 TO ALLOW THE SALE OF
ALCHOLIC BEVERGAES, INCLUDING TASTING AND EDUCATION,
WITHIN AN EXSITING 20,173-SQUARE FOOT RETAIL BUILDING
LOCATED WITHIN THE VILLAGE CENTER (VC-3) OF THE EASTLAKE II
SECTIONAL PLANNING AREA
WHEREAS, on November 15, 2024, a duly verified application for a Conditional Use
Permit (“CUP”) was filed with the City of Chula Vista Development Services Department by
California Fine Wine and Spirits, LLC (“Applicant”); Thrifty Payless, Inc. WEC 98G-3, LLC is
the property owner (“Property Owner”); and
WHEREAS the area leased by the Applicant, which is the subject of this Resolution, is a
portion of an existing commercial shopping center, identified by Assessor’s Parcel Number 595-
322-21, and otherwise known as 2230 Otay Lakes Road (“Project Site”); and
WHEREAS the Applicant requests approval of a CUP for the retail sale of alcohol for
offsite consumption and for onsite tastings (“Project”); and
WHEREAS, in accordance with Section III.B.33 of the Eastlake II Planned Community
District Regulations, liquor stores are permitted in the Village Center (VC-3) zone with a CUP
approved by the Planning Commission; and
WHEREAS the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act (“CEQA”) and determined that the
Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing
Facilities) of the CEQA Guidelines, and no exceptions to the Categorical Exemption exist pursuant
to CEQA Guidelines section 15300.2; and
WHEREAS the Director of Development Services set the time and place for a hearing
before the Planning Commission, 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 within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the
hearing; and
WHEREAS the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission, the Planning Commission heard
Staff’s presentation and any public tesitmony, and the hearing was thereafter closed; and
WHEREAS City staff recommends that the Planning Commission approve CUP 24-0022;
and
Page 63 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
PC Resolution No. 2025-xxx
February 26, 2025
Page 2
WHEREAS the Planning Commission reviewed and considered the Staff Report and
related materials for the CUP, as well as other Project materials, in accordance with all City codes
and requirements,
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that, after incorporation of the Recitals above, it hereby makes the following findings:
1. The proposed Project qualifies for a Class 1 Categorical Exemption pursuant to Section
15301 (Existing Facilities) of the CEQA Guidelines, and no exceptions to the Categorical
Exemption exist pursuant to CEQA Guidelines section 15300.2.
2. That the proposed use at this particular location is necessary or desirable to provide
a service or facility that will contribute to the general wellbeing of its neighborhood
or the community.
The proposed use will add to the vibrancy of the shopping center by occupying a currently
vacant space. Further, Total Wine & More is a destination retailer that will create sales tax
revenues for the City, which will ultimately contribute to the general wellbeing of the
community.
3. That such use will not, under the circumstances of this particular case, be detrimental
to the health, safety, or general welfare of persons residing or working in the vicinity,
nor will it be injurious to property or improvements in the vicinity.
The Applicant has commited to providing employee training, surveillance cameras, and
fiscal incentives to prevent alcohol sales to minors. All necessary building permits will
comply with the applicable provisions of the California Building and Fire codes, and the
hours of operation, including the sale of alcoholic beverages, will be limited to the hours
between 8:00 AM and 10:00 PM Monday through Saturday and between 8:00 AM and
9:00 PM on Sunday. Additionally, the Chula Vista Police Department will monitor
compliance with the conditions of the required Type 21, 42, and 86 licenses that the
Applicant must obtain from the California Department of Alcoholic Beverage Control
(“ABC”).
4. The proposed use will comply with the regulations and conditions specified in the
Eastlake II Sectional Planning Area (“SPA”) Plan and the Chula Vista Municipal
Code for such use.
The Project will adhere to the applicable performance standards set forth in Chula Vista
Municipal Code (“CVMC”) Chapter 19.66. Additionally, the proposed conditions of this
permit are in proportion to the nature and extent of the impact(s) created by the use in that
the conditions imposed are directly related to, and of a nature and scope related to, the size
and impact(s) of the use. Approval of this CUP is contingent on the Applicant’s and
Property Owner’s commitment to satisfy all conditions of approval for the proposed use
and will comply with all applicable regulations.
Page 64 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
PC Resolution No. 2025-xxx
February 26, 2025
Page 3
5. Granting this permit will not adversely affect the General Plan of the City or the
adopted plan of any government agency.
The General Plan designates the site as Retail Commercial (“CR”). This Project, as
approved by a CUP pursuant to the Eastlake II SPA Plan, is consistent with CR permitted
land uses. The Project is consistent with the General Plan land use designation and will not
adversely affect implantation of the General Plan.
BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula Vista,
based on the findings above, that it hereby approves CUP24-0022 subject to the following
conditions (enforcement responsibility indicated by bold headings):
Police Department
1. Before operations, Applicant shall obtain Type 21, 42, and 86 licenses from the ABC. All
operations of the Project shall fully conform with the Type 21, 42, and 86 licenses from
the ABC as maintained and renewed.
2. Beer, malt beverages, and wine coolers in containers of 16 ounces or less cannot be sold in
chilled single containers but must be sold in manufacturer pre-packaged multi-unit
quantities.
3. No loitering shall be allowed near the entrance/exit of the business.
4. Signs must be posted at all exits, advising customers that loitering and open containers of
alcohol are prohibited outside of the business.
5. The Applicant shall police the area under their control to prevent loitering of persons about
the premises.
Planning Division
6. Except for signage that includes the applicant’s business or trade name, there shall be no
other exterior advertising or sign of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages.
7. The Applicant shall remove graffiti on the building they occupy after actual notice of the
same.
8. Sale (including product tasting and education) of alcoholic beverages inside the premises
shall be permitted only between the hours of 8:00 AM and 10:00 PM Monday through
Saturday and between 8:00 AM and 9:00 PM on Sunday.
9. Class attendance for all wine education classes is limited to the number of seats listed in
this permit.
Page 65 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
PC Resolution No. 2025-xxx
February 26, 2025
Page 4
10. The Applicant shall execute this permit only as the authorized use. Any new use or
modification/expansion of uses shall be subject to review and approval by the Zoning
Administrator.
11. This permit may be reviewed by the Zoning Administrator fifteen (15) years from the date
of approval (February 26, 2040) for compliance with the conditions of approval and the
applicable codes and regulations in effect at the time of this approval, as well as the
conditions of the then effective Type 21, 42, and 86 licenses from the ABC. If reviewed,
the Zoning Administrator shall determine, in consultation with the Applicant, whether this
permit shall be modified from its original approval or revoked for noncompliance with the
original approval, or whether another Conditional Use Permit shall be required. If such
review is required, the Zoning Administrator shall determine the timeline for review.
BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula Vista that
the following general conditions shall apply to the Project Site for as long as it relies upon this
approval:
1. The Applicant shall maintain the Project Site in accordance with the approved plans for
CUP24-0022, which include a site plan and floor plans on file with the Development
Services Department. The Project shall also maintain compliance with the conditions
contained herein and Title 19 of the CVMC.
2. Approval of this permit shall not waive compliance with any provisions of the CVMC nor
any other applicable laws and regulations in effect at the time of permit issuance.
3. 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, fees, 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 the Project, the City’s costs to retain its own defense co unsel to
defend any challenge to any Project-related approvals, court costs and attorney fees
(collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) the
City’s approval and issuance of this permit and (b) the City’s approval or issuance 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
Property Owner’s compliance with this provision is an express condition of this permit and
shall be binding on any and all of the Applicant/operator’s successors and assigns.
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
Page 66 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
PC Resolution No. 2025-xxx
February 26, 2025
Page 5
described in this Resolution begins on the effective date of this Resolution, 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 have been given notice similar to this, nor does it revive challenges to any fees
for which the statute of limitations has previously expired.
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 City’s Development Services Department.
________________________________ ______________________
Thomas Haubenstricker Date
for California Fine Wine and Spirits, LLC
(Applicant)
________________________________ ______________________
James Craig Date
for WEC 98G-3 LLC
(Property Owner)
CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fails to be met, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fails 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 al so result in the
imposition of civil or criminal penalties.
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 is determined by a Court
Page 67 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
PC Resolution No. 2025-xxx
February 26, 2025
Page 6
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.
Presented by: Approved as to form by:
_________________________ _________________________
Robert A. Vacchi for Marco A. Verdugo
Interim Director of Development Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 26th day of February 2025, by the following vote, to-wit;
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
Michael De La Rosa, Chair
ATTEST:
________________________
Mariluz Zepeda, Secretary
Page 68 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Quick facts about Total Wine & More
•An American family-business success story, Total Wine & More was founded in 1991 by brothers David and Robert Trone when they opened their first store, a 1,000+ sq. ft. store in Claymont, Delaware. In the ensuing years Total Wine & More has grown to be the nation’s largest independent retailer of fine wine, beer and spirits.
•America’s Wine Superstore™ - focused on outstanding selection (8,000+ wines, 3,000+ spirits and 2,500+ beers in each stores), best-in-class service, lowest prices in the market and incredible in-store experience.
•Total Wine & More ended 2023 with 263 superstores in 28 states – MA, CT, NJ, DE, MD, VA, NC, SC, GA, FL, TX, LA, MO, KS, MI, IL, IN, TN, KY, WI, MN, CO, NV, NY, NM, AZ, CA, WA and revenue in excess of $6 billion.
•By the end of 2024, Total Wine & More will have 275+ stores.
•Each store employs approximately 50 highly trained and customer-focused team members – 75%+ of which are full-time and earn good wages plus benefits. NOTE: This is unusual among off-premise retailers where most have an owner/operator, perhaps one or two full time staff and mostly part-time employees.
•Large (between 20,000-30,000 sq. ft.), brightly-lit stores with wide aisles designed to enhance customer experience by offering storewide Wi-Fi, wine/beer/spirits content on flat panel monitors at tasting stations, the Brewery District™ featuring local and craft beers and high-tech Wine Education Centers (classrooms) in which Total Wine & More offers consumer classes and special tasting events such as the “Meet the Maker” series and “virtual tastings” with producers from around the world.
•Committed to supporting local wines, beers and spirits. Feature hundreds of local products throughout the stores at wine tasting station, Brewery District™ and shelves identified by tags bearing the state flag.
•Recognized as four-time National Retailer of the Year by major industry publications – Wine Enthusiast (2004 and 2014), Market Watch (2006) and Beverage Dynamics (2006). Total Wine & More is the only company to be honored twice as retailer of the year by Wine Enthusiast.
•Industry leader on prevention of sales to minors.
o No one under 21 years old permitted in stores unless accompanied by parent or guardian.
o Front end team members incentivized to ask for identification from all customers that appear to be 30 years old or younger.
In 2021, Total Wine & More paid out bonuses in excess of $1 million to front end team members checking IDs and preventing sales to minors.
•Outstanding community and philanthropic partner.
o Total Wine & More works closely with community and business leaders in each market it operates to support local causes and charitable efforts
In 2021, donated over $8 million of in-kind and monetary contributions to more than 13,000+ local non-profits in 28 states helping those local non-profits raise over $60+ million in support of their programs.
When not being used by the store team for training and customer education classes, Total Wine & More offers its Wine Education Center as meeting space, free of charge, to local non-profits, community and business groups.
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February 26, 2025 Agenda
OTAY
L
A
K
E
S
R
O
A
D
EASTLAKE PARKWAY
OFF
RAMP
TOTAL WINE & MORE
20,173 SF
2230 OTAY LAKES RD
595-322-21-00
SITE PLAN - CUP24-0022
Total Wine & More
2230 Otay Lakes Rd.
Chula Vista, CA
PROPERTY OWNER:
South WEC 98G-3, LLC
c/o Craig Realty Company, LLC
5890 Kalamazoo Ave SE
Grand Rapids, MI 49508
VICINITY MAP
BUILDING 3
2240 OTAY LAKES ROAD
BUILDING 4
2230 OTAY LAKES ROAD
TOTAL WINE & MORE
BUILDING 5
2220 OTAY LAKES ROAD
BUILDING 2
2250 OTAY LAKES RD
BUILDING 1
2260 OTAY LAKES RD
BUILDING 1 (2260 Otay Lakes Rd) - 20,864 sf
101 Dunkin 1,732 sf
102 Vacant 1,200 sf
103 Pansang’s Filipino Cuisine 1,248 sf
104 Panda Chef 1,248 sf
105 L&L Hawaiian BBQ 1,792 sf
106 45 Fitness 1,953 sf
107 VIP Nails & Spa 968 sf
108 Flame Broiler 1,224 sf
109 Baskin Robbins 982 sf
110 Samuel Hayatt, DMD 1,224 sf
111 Optometry EastLake Vision 968 sf
112 Arya Cleaner 2,039 sf
113-115 Veterinarian - Dr. Bischel 4,286 sf
BUILDING 2 - (2250 Otay Lakes Rd) - 66,398 sf
Vons - 66,398 sf
Building 3 (2240 Otay Lakes Rd) - 18,095 sf
301 Studio MG Salon 1,205 sf
302 Crumbl Cookies 1,823 sf
303 Denki’s Boba (Proposed) 1,823 sf
304-305 Citibank 2,450 sf
306-307 Realty Executives 2,537 sf
Building 4 (2230 Otay Lakes Road) - 20,173 sf
Proposed Total Wine & More 20,173 sf
Building 5 (2220 Otay Lakes Rd) - 8,257 sf
501 Goodwill Bookstore 1,925 sf
502 Postal Annex 1,188 sf
503 HearUSA 1,120 sf
504 H&R Block 1,330 sf
505-506 Papagayos Grill 2,694 sf
2258
O
T
A
Y
L
A
K
E
S
R
D
2254
O
T
A
Y
L
A
K
E
S
R
D
2210
O
T
A
Y
L
A
K
E
S
R
D
2290 OTAY LAKES RD.
2280 OTAY LAKES RD
2244
O
T
A
Y
L
A
K
E
S
R
D
2226
O
T
A
Y
L
A
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E
S
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D
2210 OTAY LAKES RD 2,970 SF
2226 OTAY LAKES RD 4,900 SF
2244 OTAY LAKES RD 2,970 SF
2254 OTAY LAKES RD 4,167 SF
2258 OTAY LAKES RD 4,020 SF
2280 OTAY LAKES RD 4,853 SF
2290 OTAY LAKES RD 4,500 SF
EASTLAKE VILLAGE CENTER
Zoning: VC - Eastlake II Planned Community
APN: 595-322-21-00
Legal Description: Parcel 1 of PM 17456
Parcel Size: 3.35 Acres
Building Size: 20,173
For reference only. Not to scale
Eastlake Village Center Parking: 689 shared
Trash
Enclosures
Scope of Work/Proposed Use:
Finding of public convenience or necessity and permit to sell beer, wine,
and distilled spirits for off-site consumption (ABC Type 21 License)
and operate 3 separate tasting/education areas (ABC Type 42
and Type 86 Licenses) within one of the nation’s largest
specialty retailers. NO EXTERIOR MODIFICATIONS
PROPOSED. TENANT IMPROVEMENTS AND
SIGN ARE UNDER SEPARATE PERMIT.
28'
60'
28'
EXIS
T
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G
S
H
O
P
P
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C
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APN
:
5
9
5
-
0
7
2
-
0
7
,
0
8
,
0
9
,
2
-
0
0
EXHIBIT PREPARED BY RAWLINGS CONSULTING
Page 77 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
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(E) BOLLARD
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(E) ROOF DRAIN THRU
SLAB TO STORM DRAIN
CONNECTION OUTSIDE
AT REAR OF PAYLESS
MAIN EXTERIOR ENTRY DOORS
96
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96" DOOR
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VISI COOLERS VISI COOLERS
2 3 4 5 6
3'-0" x 8' 0"8' 0"3'-0" x 8' 0"3'-0" x 8' 0"3'-0" x 3'-0" x 7' 0"
U0U0
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Windows at 56" AFF
instead of garage doors (E) 5"Ø COLUMN, TYPICAL
REFRIGERATOR
36 LOCKERS
4'-
0
"
x
8'
0
"
8'
0
"
4'
-
0
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4'-0" x 8' 0"8' 0"4'-0" x
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2'-6" x 8' 0"8' 0"2'-6" x
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2'-
6
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8'
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2'-
6
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4'
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X84"6'
X
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"
16
'
CP
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3 Tier Impulse Basket Fixture
12
'
3'
-
6
"
CPU
Sales Floor
15,827.1 SQ. FT.
Vestibule
365.9 SQ. FT.
Warehouse
658.1 SQ. FT.
Classroom
703.8 SQ. FT.
Clean Up
159.6 SQ. FT.
Count Rm.
95.6 SQ. FT.
Server Rm.
35.6 SQ. FT.
ISP
232.9 SQ. FT.
CCB
266.8 SQ. FT.
Humidor
177.7 SQ. FT.
Breakroom
209.5 SQ. FT.
Beer Cooler
395.7 SQ. FT.
Mop Room
195.1 SQ. FT.
Men's Room
260.9 SQ. FT.
Women's Room
237.3 SQ. FT.
Mezzanine
1,379.5 SQ. FT.
Beer Sampling
152.7 SQ. FT.
Wine Sampling
121.2 SQ. FT.
Electrical Room
208.9 SQ. FT.
Building
20,173.1 SQ. FT.
X 20'84"
X
24
'
84
"
X84"4'
X
84
"
4'
X84"4'
X
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'
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"
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X
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'
84
"
X84"4'
X84"4'
48
"
x
4
8
"
2'-6"
5'-81
2"
3'-
6
"
3'-01
2"3'-01
2"3'-01
2"3'-01
2"
5'-4
"
7'-81
2"3'8'-2"
4'
-
8
1 2"
13
'
-
1
1 2"
7'
6'
-
2
"
X
84
"
36
'
X
84
"
24
'
X
84
"
9'
X
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X54"24'
42
"
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4
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"
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-
5
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5'
42"x48"
42"x48"
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8
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84
"
4'
X 20'84"X
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4'
X 20'84"X
84
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-
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5'
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X
16
'
54
"
X
3'
84
"
42"x48"
3'-7
"
6'-3"6'-3"
6'
6'
5'
5'
5'
5'
6'
Type 42
Type 42
14
4
'
-
1
1
"
140'-71
2"
Building
Address:
Modified By:
City:
Store #:
Plan Type:
State:
Modified On:
2230 Otay Lakes Road
KBerkheiser
9/20/24
Salesfloor
Warehouse
Legal
1148
CHULA VISTA
CA
Classroom
Wine Sample
Mezzanine
Beer Sample
20,173.1 SQ. FT.
15,827.1 SQ. FT.
658.1 SQ. FT.
1,379.5 SQ. FT.
General Building Information
703.78 SQ. FT.
121.25 SQ. FT.
152.67 SQ. FT.
Total Sample 977.70 SQ. FT.
Type 21Info Type Info
WINE SAMPLING BEER SAMPLING
WINE EDUCATION
CENTER
TYPE 42 LICENSE
FLOOR PLAN
2230 OTAY LAKES ROAD
CHULA VISTA, CA
Proposed Use:
Finding of public convenience or necessity and
permit to sell beer, wine, and distilled spirits
for off-site consumption (ABC Type 21 License)
and operate 3 separate tasting/education areas
(ABC Type 42 and Type 86 Licenses) within
one of the nation’s largest specialty retailers.
Tenant and Site Improvements under separate permits.
42
Sample
Area
Type 86
120 sf
10'
12
'
Type 86 Info
120 SQ. FT
Page 78 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Page 79 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Page 80 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
1
Total Wine & More
Planning Commission
Item 6.3
February 26, 2025
Page 81 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Vicinity Map
Project
Site
Project
Location
N
Page 82 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Project Location and Surrounding Uses
Commercial
Community
Park
N
PROJECT
SITE
Page 83 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Site Layout Page 84 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Wine Education Page 85 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
Sample Tasting Page 86 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda
RECOMMENDATION
Adopt a Resolution approving
Conditional Use Permit CUP24-0022.
Page 87 of 87
City of Chula Vista Planning Commission
February 26, 2025 Agenda