HomeMy WebLinkAboutResolution 2025-07RESOLUTION NO. 2025-07
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE CITY
COUNCIL MAKE CERTAIN FINDINGS OF FACT AND
APPROVE CONDITIONAL USE PERMIT CUP24-0024 AND
DESIGN REVIEW DR24-0016 FOR THE ESTABLISHMENT
AND CONSTRUCTION OF A BATTERY ENERGY STORAGE
SYSTEM FACILITY ON APPROXIMATELY 1.9 ACRES OF A
3.82-ACRE PARCEL WITHIN A LIMITED INDUSTRIAL –
PRECISE PLAN ZONE
WHEREAS, on October 10, 2024, a duly verified application for a Conditional Use Permit
and Design Review was filed with the City of Chula Vista Development Services Department by
Chula Vista Energy Center 2, LLC (“Applicant”) for property owned by 3489 Main Street
Holdings, LLC (“Property Owner”); and
WHEREAS, the property that is the subject of this Resolution is an approximately 1.9-acre
portion of a 3.82-acre developed parcel with an existing power-generating facility (“Project Site”); and
WHEREAS, the Applicant proposes to establish and construct a battery energy storage
system (“BESS”) facility, not to exceed 50 megawatts, on the northern portion of the Project Site
(“Project”); and
WHEREAS, the Project will be connected to the San Diego Gas and Electric (“SDG&E”)
transmission system by an existing 69-kilovolt transmission line connected to the SDG&E Otay
substation and will charge during high-supply/low-demand hours and discharge during low-
supply/high-demand hours; and
WHEREAS, in accordance with Sections 19.44.040(O) and 19.54.020(M) of the Chula
Vista Municipal Code (“CVMC”), public and quasi-public uses as defined in CVMC 19.04.002
are subject to consideration and approval of a Conditional Use Permit by the City Council
subsequent to its receipt of a recommendation from the Planning Commission; and
WHEREAS, the Director of Development Services reviewed the Project for compliance
with the California Environmental Quality Act (“CEQA”) Guidelines and determined that the
Project qualifies for a Class 32 categorical exemption pursuant to Section 15332 (In-fill
Development Projects) because the Project Site is approximately 1.9 acres in size and is
substantially surrounded by urban uses; the Project is consistent with the General Plan’s policies
and designation for the Project Site (Limited Industrial), as well as the Project Site’s zoning
designation (Limited Industrial) and applicable development regulations; the Project Site has no
value as habitat for endangered, rare, or threatened species; and approval of the Project will not
result in significant effects relating to traffic, noise, air quality, or water quality; and
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WHEREAS, the Director of Development Services has also determined that the Project
qualifies for a Class 3 categorical exemption pursuant to CEQA Guidelines Section 15303 (New
Construction or Conversion of Small Structures) because the Project is located in an urbanized
area and includes fewer than four commercial buildings not exceeding 10,000 square feet; 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 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; and
WHEREAS, the Planning Commission has reviewed and considered all materials for the
Project, including the Project plans and the Staff Report; and
WHEREAS, staff recommended that the Planning Commission adopt a Resolution
recommending to the City Council approval of the Project, including Conditional Use Permit
CUP24-0024 and Design Review DR24-0016.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby recommends that the City Council approve Conditional Use Permit
CUP24-0024 and Design Review DR24-0016 for the Project in accordance with the findings and
subject to the conditions contained herein.
COMPLIANCE WITH CEQA
Pursuant to Sections 15332 (In-fill Development Projects) and 15303 (New Construction
or Conversion of Small Structures) of the CEQA Guidelines, the Project qualifies for Class
32 and Class 3 categorical exemptions to the provisions of CEQA. The Project Si te is
approximately 1.9 acres in size and is substantially surrounded by urban uses. The Project
is consistent with the General Plan’s policies and designation for the Project Site (Limited
Industrial), as well as the Project Site’s zoning designation (Lim ited Industrial) and
applicable development regulations. The Project Site has no value as habitat for
endangered, rare, or threatened species, and approval of the Project will not result in
significant effects relating to traffic, noise, air quality, or water quality. The Project is
located in an urbanized area and includes fewer than four commercial buildings not
exceeding 10,000 square feet.
CONDITIONAL USE PERMIT FINDINGS
Pursuant to CVMC 19.14.080, the Planning Commission finds the following to be true:
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A. The proposed use at this location is necessary or desirable to provide a service or
facility that will contribute to the general wellbeing of the neighborhood or the
community.
The Project will provide a facility to store renewable energy, stabilize voltage
fluctuations from renewable energy sources, and provide local capacity in the event
regional transmission lines are inoperative or de-energized during Public Safety Power
Shutdown high-wind conditions.
B. The use will not 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 Project will be subject to all health, safety, and general welfare standards and
regulations set forth by the City of Chula Vista and other applicable agencies, including
but not limited to California Public Utilities Commission General Order 167 and Senate
Bill 283 – Clean Energy Safety Act of 2025. All additional permitting will comply with
the applicable sections of the California Building and Fire Codes.
C. The proposed use will comply with the regulations and conditions specified in CVMC
Title 19 for such use.
Upon review, the Project is compliant with all applicable conditions, codes, and
regulations contained within the CVMC and will be required to comply with the same,
including but not limited to the performance standards in CVMC 19.66, upon
permitting.
D. Granting this conditional use will not adversely affect the General Plan of the City or
the adopted plan of any governmental agency.
The Project Site is designated as Limited Industrial in the Chula Vista General Plan.
The proposed use, as a public or quasi-public facility, is consistent with the General
Plan designation and the Limited Industrial – Precise Plan (ILP) zoning of the Project
Site.
DESIGN REVIEW FINDINGS
Pursuant to CVMC 19.14.593, the Planning Commission finds the following to be true:
A. The Project is consistent with the City of Chula Vista’s General Plan and CVMC Title
19.
The Project complies with all applicable development standards, including the
regulations for the ILP zone, including height, setbacks, and lot coverage. Two parking
spaces are proposed on the Project Site to accommodate periodic maintenance vehicles.
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B. The Project is consistent with the design requirements and recommendations contained
in the City of Chula Vista’s Design Manual.
The Project will be screened from views along Main Street and from adjacent properties
through the use of existing landscaping and a 10-foot galvanized fence. The existing
power generating facility does not have an architectural style, and the proposed BESS
structures are utilitarian in nature. However, the structures will be constructed using a
high-quality steel material and painted white to ensure a clean appearance.
Additionally, the Project Site will feature new site lighting that will be fully shielded
to prevent glare onto adjacent properties.
C. The Project will not adversely affect the health, safety, or general welfare of the
community.
The Project will be subject to all health, safety, and general welfare standards and
regulations set forth by the City of Chula Vista and other applicable agencies, including
but not limited to California Public Utilities Commission General Order 167 and Senate
Bill 283 – Clean Energy Safety Act of 2025. All additional permitting will comply with
the applicable sections of the California Building and Fire Codes.
CONDITIONS OF APPROVAL
Unless otherwise specified, the following shall be accomplished to the satisfaction of the
Director of Development Services or their designee prior to issuance of building permits:
Planning
1. The Project shall be operated exclusively in conjunction with the California
Independent System Operator (“CAISO”) or their successor. The energy stored at the
BESS facility shall not be sold to a private entity. Any proposed change in operational
control from CAISO shall be subject to prior review and approval by the City Council.
2. 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 appropriate standard
established by the Director of Development Services.
3. The Applicant shall develop the Project and Project Site in accordance with the
approved plans for CUP24-0024 and DR24-0016, 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 with this permit.
4. 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 architecturally compatible concrete or masonry walls, berming, and/or
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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.
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.
6. No clearing of vegetation shall take place during the nesting bird season (generally
between February 1 and August 31). If vegetation removal is required during the
nesting bird season, the Applicant shall conduct take avoidance surveys for nesting
birds within 100 feet of areas proposed for vegetation removal. Surveys should be
conducted by a qualified biologist(s) within three days prior to vegetation removal. If
active nests are observed, a qualified biologist will determine appropriate minimum
disturbance buffers or other adaptive mitigation techniques (e.g., biological monitoring
of active nests during construction-related activities, staggered schedules, etc.) to
ensure that impacts to nesting birds are avoided until the nest is no longer active.
Furthermore, implementation of Area-Specific Management Directives (conditions of
coverage) in accordance with Table 3-5 of the Chula Vista Multiple Species
Conservation Program (“MSCP”) Subarea Plan for active Cooper’s hawk nests (if
detected during nesting bird surveys) includes establishment of a 300-foot impact
avoidance area.
7. In the event of a fire or chemical leaks from the facility, the Applicant shall ensure that
all runoff shall be diverted away from the Otay River and sensitive habitats. If
necessary, any such hazardous pollutants shall be retained on site and subsequently
properly disposed of.
Land Development
8. The Project shall comply with all requirements and guidelines of the CVMC; the Chula
Vista Subdivision Manual; City of Chula Vista Design and Construction Standards; the
Development Storm Water Manual for Development and Redevelopment Projects; the
City of Chula Vista Grading Ordinance (No. 1797); the Subdivision Map Act; and all
other applicable local, state, and federal laws and regulations.
9. The Applicant shall be required to pay applicable fees to the Development Services
Department based on the final approved building plans for the Project including, but
not limited to, the following:
a. Transportation development impact fees
b. Public facilities development impact fees
c. Parkland acquisition and development fees
d. Sewer capacity fees and sewer administration fees
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e. Other applicable Engineering fees in accordance with the City of Chula
Vista Master Fee Schedule
10. Prior to the final building inspection for the Project, the infrastructure serving the
Project Site shall be constructed and fully operational to the satisfaction of the Director
of Development Services, or their designee.
11. The Applicant shall deposit applicable fees in accordance with the City of Chula Vista
Master Fee Schedule for any submittals required by the Subdivision Manual and/or the
CVMC.
12. All driveways shall conform to the City of Chula Vista’s sight distance requirements
in accordance with CVMC 12.12.120 and Chula Vista standard drawing RWY-05
(Sight Distance Requirements). Neither landscaping, street furniture, nor signs shall
obstruct the visibility of drivers at street intersections or driveways.
13. Prior to the issuance of any building permit for the Project, the Applicant shall submit
an improvement plan and obtain a construction permit for the installation of any
required sidewalk, curb and gutter, street trees, private driveways, and associated
signage and striping in the City’s right-of-way including, but not limited to:
a. The Project driveway shall be constructed to City standard GSI-01. The
improvement plans shall show the location of the existing cross gutter
adjacent to the property. The proposed driveway shall not conflict with
the existing cross gutter.
b. Installation of curb, gutter, and sidewalk in accordance with San Diego
regional standard drawings G-2 and G-7 along the Project’s frontage to
the satisfaction of the City Engineer. Sidewalk shall be designed and
constructed with proper transitions to existing conditions.
c. Installation of red curb on both sides of the driveway entrance according
to sight visibility requirements. The red curb shall extend to the sight
visibility triangle limits.
d. Separate permits for other public utilities (gas, electric, water, cable,
telephone) shall be required as necessary. Utilities trenching and
restoration shall be conducted in accordance with Chula Vista
construction standard GSI-03.
14. The Applicant shall identify, process, and obtain required permits from other agencies
and/or jurisdictions prior to the issuance of any City permit for the Project.
15. Any right-of-way improvements beyond the Project limits shall be designed and
constructed so as not to interfere with access for adjacent businesses, as approved by
the City Engineer.
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16. Prior to beginning any earthwork activities at the Project Site, and prior to the issuance
of a building permit for the Project, the Applicant shall submit grading plans to the
Land Development Division for processing, reviewing, and permitting in accordance
with CVMC 15.04. Plans shall be in conformance with the Subdivision Manual and the
City’s current (at the time of submittal) Best Management Practices (“BMP”) Design
Manual.
17. Prior to importing any fill material to be used on the Project Site, the Applicant shall
obtain a transportation permit from the City. The transportation permit submittal shall
include a letter from the Project’s geotechnical engineer deeming the imported material
to be suitable for transport. If applicable, the Applicant shall also obtain a transportation
permit prior to exporting any material from the Project Site. In the case that a
transportation permit is sought for exporting material, the application shall include a
letter from the property owner of the site proposed to receive the material.
18. Prior to the issuance of a grading permit for the Project, required technical reports (e.g.,
geotechnical, drainage, and sewer reports, etc.) shall be submitted to the City for review
and approval.
19. The submitted Stormwater Quality Management Plan (“SWQMP”) is considered
conceptually complete and provides sufficient information regarding the Project
BMP’s objectives to move forward with construction documents. Additional
requirements may be imposed upon submittal of permit drawings or at the time of
Project development, depending upon the final plans submitted for review and
approval.
20. Prior to the issuance of a grading permit for the Project, a Stormwater Pollution
Prevention Plan (“SWPPP”) must be submitted and approved.
21. The submitted drainage report is considered conceptually complete and provides
sufficient information regarding the Project’s drainage objectives to move forward with
construction drawings. Additional requirements may be imposed upon submittal of
permit drawings or at the time of Project development, depending upon the final plans
submitted for review and approval.
22. The following applies to any retaining wall on the Project Site:
a. When grading plans are submitted for permitting, all retaining walls
shall be noted on the plans, including detailed wall profiles.
b. Structural wall calculations shall be required if Project walls are not
built in accordance with San Diego regional standard drawings or Chula
Vista construction standard GRD-05.
c. Retaining walls that will be part of a building wall shall be approved as
part of the building permit for the Project.
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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 Project Site’s drainage system.
23. Prior to the issuance of any building permit for the Project, the Applicant shall provide
the City with proof of pad certification.
24. The onsite sewer and storm drain system(s) shall be private. All sewer laterals and
storm drains shall be privately maintained from each building unit to the City-
maintained public facilities.
25. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking (if any)
shall be designed to meet Chula Vista design standards, Americans with Disabilities
Act standards, and Title 24 (Building Standards) as applicable.
26. Any proposed private water, sewer, and fire line structures shall be submitted on a
separate building plan and permitted by the Building Division and Fire Department.
27. Any proposed trash enclosure shall be covered in accordance with the City’s current
BMP Design Manual (Fact Sheet SC-Q).
28. Prior to the issuance of a construction permit or building permit for the Project, the
Applicant shall obtain an encroachment permit for any private facilities within public
rights-of-way and/or City easements. Council authorization is required for
Encroachment Permits for underground and overhead of private structures, facilities,
or improvements within the public right of way pursuant to Chula Vista Municipal
Code (CVMC) 12.28.020.
29. Prior to the issuance of a Certificate of Occupancy (if applicable) or the final inspection,
the Applicant shall demonstrate to the reasonable satisfaction of the Director of
Development Services that sufficient design features have been incorporated in the
finished works to avoid significant impacts to the floodplain or flooding of
improvements for any portion of the Project that may be located in Federal Emergency
Management Agency (FEMA) Zone AE. The improvements shall conform to the
requirements in CVMC 14.18.160.
30. Prior to Grading Plan approval, the Applicant shall upload digital files in a format such
as AutoCAD DWG or DXF (AutoCAD version 2000 or above) files, ESRI GIS
shapefile, or personal geodatabase (ArcGIS version 9.0 or above). The files should be
transmitted directly to the GIS section using the City's digital submittal file upload
website at: http://www.chulavistaca.gov/goto/GIS. The data upload site only accepts
zip formatted files.
31. If stained or suspect soil is encountered during grading or any other construction
activity, it shall be evaluated by a qualified environmental consultant and disposed of
in accordance with applicable laws and regulations.
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32. If soil is exported from the Project Site during grading or any other construction
activity, it shall be sampled and analyzed for petroleum hydrocarbons and metals. A
letter of acceptance from the property owner of the receiving site shall be provided to
the City prior to the export. The letter shall be written to the satisfaction of the Director
of Development Services.
Fire
33. On behalf of the City of Chula Vista and the Chula Vista Fire Department a third-party
Fire Protection Engineer (“FPE”) pre-reviewed all plans, technical documents, and
reports to confirm compliance with federal, state, and local jurisdiction code
requirements. The Applicant shall provide the required FPE-certified plans, documents,
and reports, including all commissioning reports and certifications, as part of the
building permit submittal.
34. The architectural and engineering building permit plans shall be stamped by the Project
FPE and/or a certified Professional Engineer (“PE”) prior to submittal for building
permit review. The stamping of said plans shall be accompanied by a letter from the
Project FPE/PE indicating that the Project was reviewed for and is in full compliance
with adopted federal, state, and local jurisdiction code requirements. This letter shall
be reproduced on the architectural and engineering building permit plan submittal.
35. The Project FPE/PE shall be responsible for performing third-party inspections, testing,
and commissioning of the Project. Final commissioning paperwork from the Project
FPE/PE shall be submitted to the Chula Vista Fire Department as part of the building
permit Fire Final Inspection and is required prior to issuance of a Certificate of
Occupancy for the Project.
36. Prior to any construction, the Applicant shall apply for and receive approval for all
required construction permits.
37. The Project design shall be in accordance with California Title 24 (Building Standards)
and City of Chula Vista Fire Ordinances and Construction Standards and Details.
38. Fire access roadway / drivable area site plan (Ground Surface Plan Sheet 5) “Legend
Area Green - Permanent Roadway shall be designed to withstand 75,000 lbs. Gross
Vehicle Weight Rating (GVWR). Permeable pavement can be used if designed to
withstand the above.” Remove “compacted aggregate” wording as that surface will not
be allowed. Detail CVEC2-C-03 – Concrete capped drainage V-Ditch shall be able to
support the 75,000 GVWR.
39. Turning radius of proposed fire access road shall be in accordance with Chula Vista
Fire Department (“CVFD”) Auto turn detail.
40. The Project is located within the Local Response Area (LRA) of the High Fire Hazard
Severity Zone and shall comply with Chapter 7A of the California Building Code. If
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building plans are submitted after January 1, 2026, the Project shall comply with Part
7 of the California Wildland Urban Interface Code.
41. The Project Site shall maintain compliance with the brush management
requirements/standards for the High Fire Hazard Severity Zone.
42. The BESS structures shall be installed directly on permanent foundations at the
approved locations upon delivery and shall not be staged at temporary or intermediate
locations, either on the Project Site or elsewhere.
43. A valid easement for use of the private road must be maintained at all times during the
ongoing use of the Project Site. The road shall be kept in a condition that ensures
continuous, unobstructed access.
Landscape Architecture
44. Prior to the issuance of a building permit for the Project, the landscape improvement
plans shall demonstrate that appropriate planting and irrigation protection is provided
during construction. “Landscape Protection Notes” shall be added to the plan set on the
title sheet and shall include the notes listed in Part Three, Section Two, Chapter 2.1.5
of the Chula Vista Landscape Manual.
45. Prior to removal or alteration of any landscaping in the public right-of-way, the
Applicant shall obtain approval from the City’s Open Space Manager, or their designee.
IMPLEMENTATION, ENFORCEMENT OF CONDITIONS, AND DEFENSE OF
APPROVALS
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 and the Project Site in accordance with the
approved plans for CUP24-0024 and DR24-0016, 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 permit issuance.
3. The City reserves the right to review this permit and its approved use if, at any time, it
has cause to believe that the use is out of compliance with this permit. Should the use
be deemed noncompliant, the Director of Development Services shall review this
permit and determine, in consultation with the Property Owner, whether the permit
must be modified from its original approval or revoked, or whether a new permit is
required. If a new permit is required, the Director of Development Services shall
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determine the timeline for review. Such review shall not result from changes to the
applicable standards and regulations in effect at the time of this permit’s issuance.
4. 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.
5. 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 City Council.
6. These permits shall expire if not utilized within three years of the approval date
(October 07, 2028) or the end of any appeal period unless the Applicant initiates an
extension prior to expiration of the permit in accordance with CVMC 19.14.260 and
19.14.600.
7. 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.
8. The conditions of approval for CUP24-0024 and DR24-0016 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.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the Planning Commission of the City of Chula
Vista, California, this 24th day of September 2025, by the following vote:
AYES: Commissioners: Combs, De La Rosa, Felber, Jones, Sanfilippo,
Torres and Leal
NOES: Commissioners: None
ABSENT: Commissioners: None
Rodrigo Leal, 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. 2025-07 was duly passed, approved, and adopted by the Planning
Commission at a regular meeting of the Planning Commission held on the 24th of September 2025.
Executed this 24th day of September 2025.
Mariluz Zepeda, Deputy City Clerk
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