HomeMy WebLinkAboutResolution 2025-08RESOLUTION NO. 2025-08
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA APPROVING CONDITIONAL USE
PERMIT PLN25-0028 (CUP25-0028) TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR OFFSITE CONSUMPTION
WITHIN AN EXISTING 11,800-SQUARE FOOT RETAIL
TENANT SPACE LOCATED WITHIN THE RETAIL
COMMERCIAL (CR) DISTRICT OF THE SAN MIGUEL
RANCH SECTIONAL PLANNING AREA
WHEREAS, on June 12, 2025, a duly verified application for a Conditional Use Permit
was filed with the City of Chula Vista Development Services Department by Good Time
MH, Inc. (“Applicant”) for property owned by University Square I, LLC (“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- 030-59 and otherwise known as Unit 108 of 2326 Proctor Valley Road (“Project Site”); and
WHEREAS, the Applicant requests approval of a Conditional Use Permit for the retail
sale of alcohol for off-site consumption (“Project”); and
WHEREAS, in accordance with Chapter III (Commercial District), Section 3.2
(Permitted and Conditional Uses) of the San Miguel Ranch Planned Community District
Regulations, liquor stores are permitted in the CR district with a Conditional Use Permit
approved by the Planning Commission; and
WHEREAS, the Director of Development Services set the time and place for a hearing
before the Planning Commission of the City of Chula Vista (“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 the staff presentation and any public testimony, and the hearing was thereafter closed; and
WHEREAS, City staff recommended that the Planning Commission approve PLN25-
0028 (CUP25-0028) in accordance with the findings and subject to the conditions of approval
contained within this Resolution; and
WHEREAS, the Planning Commission reviewed and considered the staff report and
related materials for PLN25-0028, as well as other Project materials, in accordance with all City
codes and requirements.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that, after
incorporation of the Recitals above, it hereby makes the following findings:
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A. COMPLIANCE WITH CEQA
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. The
Project involves negligible or no expansion of use(s). No further CEQA review is
required.
B. CONDITIONAL USE PERMIT FINDINGS
1. 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, Good Times Market will create sales tax revenues for
the City, which will ultimately contribute to the general well-being of the
community.
2. 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 their employees 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 daily.
Additionally, the Chula Vista Police Department will monitor compliance with the
conditions of the required Type 21 license that the Applicant must obtain from the
California Department of Alcoholic Beverage Control.
3. The proposed use will comply with the regulations and conditions specified in the
San Miguel Ranch Sectional Planning Area (SPA) Plan and the Chula Vista
Municipal Code (“CVMC”) for such use.
The Project will adhere to the applicable performance standards set forth in CVMC
Chapter 19.66. Additionally, the proposed conditions of this permit are in proportion to
the nature and extent of the impacts created by the use in that the conditions imposed
are directly related to, and of a nature and scope related to, the size and impacts of the
use. Approval of this permit is contingent upon 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.
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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 Retail Commercial (CR). This Project, as
approved by a Conditional Use Permit pursuant to the San Miguel Ranch 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 implementation of the General Plan.
BE IT FURTHER RESOLVED by the Planning Commission, based on the findings
above, that it hereby approves PLN25-0028 (CUP25-0028), subject to the following conditions
(enforcement responsibility indicated by bold headings):
Police Department
1. Sales of alcoholic beverages shall be permitted only inside the premises between the hours
of 8:00 AM and 12:00 AM midnight each day of the week.
2. No beer or malt beverage products shall be sold, regardless of container size, by single
containers. Such products shall only be sold in manufacturer-prepackaged multi-unit
quantities.
Planning Division
3. 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.
4. The Applicant shall eliminate any graffiti on the building they occupy upon receiving actual
notice of its presence.
5. 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.
6. The requirements and restrictions of the State Department of Alcoholic Beverage Control
(“ABC”) license issued for the Project Site shall be in addition to this approval. Prior to
initiating use in reliance on this permit, the Applicant shall obtain necessary permit
approvals from Department of Alcoholic Beverage Control (ABC). Business shall be
conducted in a manner that will not violate any provisions of the California Alcoholic
Beverage Control Act.
7. No licensee, manager, or server shall sell, serve, or deliver to a patron any alcoholic
beverage unless he or she has completed Responsible Beverage Service and Sales
(“RBSS”) training conducted by the ABC or by a certified RBSS training provider.
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8. The Applicant shall provide video surveillance on both the interior and related publicly
accessible areas in the exterior of the premises. Such video recordings shall be maintained
for a minimum of seven days and shall be provided to the Chula Vista Police Department
or related law enforcement agencies with jurisdiction. The Applicant shall cooperate with
Chula Vista Police Department or related law enforcement agencies by providing all video
surveillance for the investigation and prosecution of criminal acts within or near the
premises.”
BE IT FURTHER RESOLVED by the Planning Commission 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 and the Project Site in accordance with the
approved plans for PLN25-0028 (CUP25-0028), 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, reservati ons, 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 by signing 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.
Maher Hanna Date
for Good Time MH, Inc.
(Applicant)
Joseph Ramani Date
for University Square I, 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 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 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.
[SIGNATURES ON THE FOLLOWING PAGE]
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12/17/2025
12/23/2025
Resolution No. 2025-08
Page No. 6
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 12th day of November 2025, by the following vote:
AYES: Commissioners: Combs, De La Rosa, Felber, Sanfilippo, and
Leal
NOES: Commissioners: Jones
ABSENT: Commissioners: Torres
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. 2025-08 was duly passed, approved, and adopted by the Planning
Commission at a regular meeting of the Planning Commission held on the 12th of November 2025.
Executed this 12th day of November 2025.
Mariluz Zepeda, Deputy City Clerk
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