HomeMy WebLinkAboutResolution 2026-002
RESOLUTION NO. 2026-002
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA AMENDING PLANNING
COMMISSION RESOLUTION NO. 2025-04 TO ADD
CONDITIONS TO DESIGN REVIEW PERMIT DR22-0025 TO
COMPLY WITH GOVERNMENT CODE SECTION 66300 ET
SEQ., OTHERWISE KNOWN AS THE HOUSING CRISIS ACT
OF 2019
WHEREAS, on September 14, 2022, a duly verified application for a Design Review
Permit was filed with the City of Chula Vista Development Services Department by Urbana 2.0,
LLC (“Applicant”); and
WHEREAS, the property that is the subject of this Resolution is owned by Carmel Oaks
Del Mar, LLC (“Property Owner”) and is located in the UC-2 (Gateway) subdistrict of the Urban
Core Specific Plan (“UCSP”) area, at 355-365 H Street, and is otherwise identified by Assessor’s
Parcel Numbers 568-450-50 and 568-450-51, totaling approximately 0.94 acre (the “Project Site”); and
WHEREAS, the subject property is designated in the Chula Vista General Plan as a mixed-
use transit focus area; and
WHEREAS, the Applicant requested approval to construct a seven-story, 208-unit
multifamily residential building with a rooftop pool deck/terrace and underground parking
(“Project”); and
WHEREAS, pursuant to Chula Vista Municipal Code (“CVMC”) 19.14.582(B), a public
hearing before the Planning Commission is required for Design Review applications proposing
more than 200 residential units; and
WHEREAS, the Project was reviewed for compliance with the California Environmental
Quality Act (“CEQA”) and it was determined that the Project was adequately covered and
addressed in the previously certified Final Environmental Impact Report for the Urban Core
Specific Plan (EIR 06-01; SCH #2005081121; certified by City Council Resolution No. 2007-097
on April 26, 2007) in that the Project is within the scope of the program approved in 2007 and that
Program Environmental Impact Report adequately described the Project for the purposes of
CEQA; and
WHEREAS, City staff recommended approval of the Consistency Evaluation for the
Project under CEQA and DR22-0025 for the Project as proposed; and
WHEREAS, the Director of Development Services set the time and place for a hearing on
the Project before the Planning Commission to consider the Project, and notice of the hearing,
together with its purpose, was given by its publication in a newspaper of general circulation in the
City and its mailing to property owners and residents within 500 feet of the exterior boundaries of
the property at least 10 days prior to the hearing; and
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WHEREAS, on Wednesday, December 11, 2024, the Planning Commission considered
and approved the Project following a public hearing that was held as advertised at 6:00 p.m. on
Wednesday, December 11, 2024, in the City Council Chambers, 276 Fourth Avenue, before the
Planning Commission, and the hearing was thereafter closed; and
WHEREAS, the Director of Development Services set the time and place for another
hearing on the Project before the Planning Commission to consider a resolution amendment, and
notice of the hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City and its mailing to property owners and residents within 500 feet of
the exterior boundaries of the property at least 10 days prior to the hearing; and
WHEREAS, on Wednesday, May 14, 2025 the Planning Commission approved a
modification to Condition No. 22 of DR22-0025, reducing the required public-right-of-way
dedication from 11 to 9 feet, following a public hearing that was held as advertised at 6:00 p.m.
on Wednesday, December 11, 2024 in the City Council Chambers, 276 Fourth Avenue, before the
Planning Commission, and the hearing was thereafter closed; and
WHEREAS, following the Planning Commission’s approval of the modification to
Condition No. 22 on Wednesday, May 14, 2025, staff identified that a condition of approval
regarding Government Code Section 66300/Senate Bill 330 (Housing Crisis Act of 2019) with
respect to the demolition of the existing apartment building was inadvertently not included as part
of the original Resolution; and
WHEREAS, the Director of Development Services set the time and place for a hearing on
the Project before the Planning Commission to consider this resolution amendment (PLN 26-005),
and notice of the hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City and its mailing to property owners and residents within 500 feet
of the exterior boundaries of the property at least 10 days prior to the hearing; and
WHEREAS, a public hearing on the Project was held as advertised at 6:00 p.m. on
Wednesday, January 28, 2026, in the City Council Chambers, 276 Fourth Avenue, before the
Planning Commission to consider the proposed Condition No. 7, and the hearing was thereafter
closed; and
WHEREAS, the Planning Commission has reviewed and considered all materials for the
proposed resolution amendment.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby approves the resolution amendment with the following added planning
conditions:
Planning
1. The applicant shall meet the requirements of Government Code Section 66300 et seq.,
otherwise known as the Housing Crisis Act of 2019, regarding determination and
replacement of protected units on the project site. Any affordable housing obligation
required pursuant to this condition shall be satisfied through a regulatory agreement
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with project owner, to be recorded in the official records of San Diego County prior to
building permit issuance.
2. All other conditions of approval of Resolution No. 2025-04 shall remain in full force
and effect.
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.
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.
Kevin O’Neill Date
for Urbana 2.0, LLC
Applicant
Greg Scott Date
for Carmel Oaks Del Mar, 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;
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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 sat isfy 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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Presented by Approved as to form
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 28th day of January 2026, by the following vote:
AYES: Commissioners: Combs, De La Rosa, Jones, Sanfilippo, Torres,
and Leal
NOES: Commissioners: None
ABSENT: Commissioners: Felber
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. 2026-002 was duly passed, approved, and adopted by the Planning
Commission at a regular meeting of the Planning Commission held on the 28th of January 2026.
Executed this 28th day of January 2026.
Mariluz Zepeda, Deputy City Clerk
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