HomeMy WebLinkAboutResolution 2025-03RESOLUTION NO. 2025-03
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 ALCOHOLIC
BEVERAGES, INCLUDING TASTING AND EDUCATION,
WITHIN AN EXISTING 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 testimony, and the hearing was thereafter closed; and
WHEREAS, City staff recommends that the Planning Commission approve CUP 24-0022; and
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Resolution No. 2025-03
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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 well-being 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 C ity, which will ultimately contribute to the general well -being 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 committed 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.
5. Granting this permit will not adversely affect the General Plan of the City or the
adopted plan of any government agency.
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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.
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.
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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 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
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
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.
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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 fail to be met, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the right to revoke or modify all approvals
herein granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; institute and prosecute litigation to compel 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.
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 condit ion 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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3/6/2025
3/17/2025
Resolution No. 2025-03
Page No. 6
Presented by Approved as to form by
Robert A. Vacchi for Marco A. Verdugo
Interim Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the Planning Commission of the City of Chula
Vista, California, this 26th day of February 2025, by the following vote:
AYES: Commissioners: Burroughs, Combs, Felber Leal, Sanfilippo, and
De La Rosa
NOES: Commissioners: None
ABSENT: Commissioners: Torres
Michael De La Rosa, Chair
ATTEST:
Mariluz Zepeda, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Mariluz Zepeda, Deputy City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2025-03 was duly passed, approved, and adopted by the Planning
Commission at a regular meeting of the Planning Commission held on the 26th of February 2025.
Executed this 26th day of February 2025.
Mariluz Zepeda, Deputy City Clerk
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