Loading...
HomeMy WebLinkAbout2026.06.10 Agenda Packet **POST-MEETING AGENDA** Date:Wednesday, June 10, 2026 Time:6:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA Planning Commission Regular Meeting Watch live in English and Spanish: chulavistaca.gov/boardmeetings Free Spanish interpretation is available on-site. ______________________________________________________________________________ In-Person Public Comments: Join us for the Planning Commission meeting at the time and location specified on this agenda to make your comments. Electronic Public Comments: At www.chulavistaca.gov/boardmeetings, locate this meeting and click the comment bubble icon. Select the item and click on "Leave comment." The deadline to submit e-comments or any comments emailed to PC@chulavistaca.gov will be noon on the day of the meeting. Watch Live or Recorded Meetings: Visit www.chulavistaca.gov/boardmeetings. Click "ES" at the bottom to switch to Spanish. Closed captioning is available in both languages. ACCESSIBILITY: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact PC@chulavistaca.gov or (619) 691-5041. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made. 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 (Items 4.1 through 4.2) 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. Recommended Action: Approve the recommended action on the below consent calendar items. 4.1 Approval of Meeting Minutes 4 Recommended Action: Approve minutes dated: May 27, 2026 4.2 Consider Request for Excused Absence 7 Recommended Action: Consider request for excused absences for Commissioners Felber and Jones from the May 27, 2026, meeting. 5.PUBLIC COMMENTS The public 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 in the agenda. The Commission may schedule the topic for future discussion or refer the matter to staff. 6.PUBLIC HEARINGS Item 6.1 was advertised as a public hearing as required by law. If you wish to speak on this 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. 6.1 Conditional Use Permit PLN25-0073 (CUP25-0073) to Allow for the Sale of Alcoholic Beverages (“Project”) Within an Existing Restaurant (Luscious Dumplings) in the VC-1A (Village Center) Zone 9 Location: 872 Eastlake Parkway, Unit 413 (APN: 595-071-15) G.C. § 84308 Regulations Apply: Yes Environmental Notice: The project qualifies for a Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities). Recommended Action: Conduct a public hearing and adopt a Resolution approving Conditional Use Permit PLN25-0073 (CUP25-0073) to allow the sale of alcoholic beverages within an existing restaurant (Luscious Dumplings) at 872 Eastlake Parkway, Unit 413 based on the findings and CEQA exemption, and subject to the conditions contained therein. 6.2 Code Update to Adopt Outdoor Dining Regulations 36 This item will not be considered at this meeting. It was previously continued at the May 27, 2026, meeting and will be rescheduled for a future meeting date. Public notice will be provided prior to any future consideration of the item. 7.STAFF REPORT City of Chula Vista Planning Commission June 10, 2026 Agenda Page 2 of 36 8.CHAIR'S COMMENTS 9.COMMISSIONERS' COMMENTS 10.ADJOURNMENT to the regular meeting on June 24, 2026, 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. We encourage community participation—sign up at www.ChulaVistaCA.gov/Boards to receive email notifications when agendas are available. City of Chula Vista Planning Commission June 10, 2026 Agenda Page 3 of 36 Page 1 City of Chula Vista Regular Planning Commission Meeting MINUTES 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 Sanfilippo. 4. CONSENT CALENDAR (Items 4.1 through 4.3) Moved by Commissioner Combs Seconded by Commissioner Sanfilippo To approve the recommended action on the below consent calendar items. The motion was carried by the following vote: Result, Carried (4 to 0) Page 4 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda 2026-05-27 Planning Commission Regular Meeting Page 2 4.1 Approval of Meeting Minutes To approve the minutes dated: April 22, 2026 4.2 Consider Request for Excused Absence To approve an excused absence for Commissioner Felber from the April 22, 2026, meeting. 4.3 Authorize the Chair to Work with Staff to Finalize and Submit the Annual Activities Report for Fiscal Year 2025-26 To authorize the Chair to work with staff to finalize and submit the annual activities report. 5. PUBLIC COMMENTS There were none. 6. PUBLIC HEARINGS 6.1 Code Update to Adopt Outdoor Dining Regulations 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. Deputy Director Bridgeford gave a presentation on the item. Director of Economic Development Graham and Principal Planner Medel assisted in answering questions on the item. Chair Leal opened the public hearing. Dominic Limandri spoke in support of the item. There being no further members of the public who wished to speak, Chair Leal closed the public hearing. Page 5 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda 2026-05-27 Planning Commission Regular Meeting Page 3 Moved by Vice Chair Torres Seconded by Commissioner Combs To table the item to the next Regular Planning Commission meeting. The motion was carried by the following vote: Yes (4): Commissioner Combs, Commissioner Sanfilippo, Vice Chair Torres, and Chair Leal Result, Carried (4 to 0) 7. STAFF REPORT There was none. 8. CHAIR'S COMMENTS Chair Leal provided comments regarding matters discussed during the meeting . 9. COMMISSIONERS' COMMENTS Vice Chair Torres inquired about future projects that may come before the Planning Commission. 10. ADJOURNMENT The meeting was adjourned at 7:05 p.m. Minutes prepared by: Mariluz Zepeda, Deputy City Clerk _________________________ Mariluz Zepeda, Deputy City Clerk Page 6 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Request for Excused Absence Form – 6/19 REQUEST FOR EXCUSED ABSENCE City of Chula Vista Boards, Commissions, and Committees Name: _________________________________________________ Date of Absence: _________________________________ Board/Commission/Committee: _________________________________________________________________________________ Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a majority vote, to excuse a fellow board, commission, or committee member’s absence from a meeting for any of the reasons listed below. A member who is absent from three consecutive, regular meetings will be deemed to have vacated his or her membership, unless the member’s absence is excused by a majority vote of the other members. An absence is only recorded as “excused” upon receipt of a member’s request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you have been absent from a regular meeting, please complete and submit this form to the chair or secretary. Please indicate the reason for the absence:  1. Illness of the member, family member of the member, or personal friend of the member;  2. Business commitment of the member that interferes with the attendance of the member at a meeting;  3. Previously scheduled vacation of the member, notice of which was provided to the respective board or commission in advance of the meeting;  4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant event;  5. Unexpected, emergency situation that prohibits the member’s attendance; or  6. Other reason for which the member has given notice to the secretary of his or her unavailability at least seven days in advance of the meeting. OR  The absence was not for any of the above-listed reasons. I understand that the absence will be recorded as unexcused. I certify the reason for the absence indicated above is true and correct. Member’s Signature: __________________________________________________________ Date: _____________________________ If completed by secretary or staff to board/commission/committee: Completed on member’s behalf by: _____________________________, per member’s  Verbal  Written request on: _________________. (date) (secretary/liaison’s name) 05/27/26 05/27/2026 Planning Commission Mariluz Zepeda Tim Jones 4 4 Page 7 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Request for Excused Absence Form – 6/19 REQUEST FOR EXCUSED ABSENCE City of Chula Vista Boards, Commissions, and Committees Name: _________________________________________________ Date of Absence: _________________________________ Board/Commission/Committee: _________________________________________________________________________________ Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a majority vote, to excuse a fellow board, commission, or committee member’s absence from a meeting for any of the reasons listed below. A member who is absent from three consecutive, regular meetings will be deemed to have vacated his or her membership, unless the member’s absence is excused by a majority vote of the other members. An absence is only recorded as “excused” upon receipt of a member’s request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you have been absent from a regular meeting, please complete and submit this form to the chair or secretary. Please indicate the reason for the absence:  1. Illness of the member, family member of the member, or personal friend of the member;  2. Business commitment of the member that interferes with the attendance of the member at a meeting;  3. Previously scheduled vacation of the member, notice of which was provided to the respective board or commission in advance of the meeting;  4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant event;  5. Unexpected, emergency situation that prohibits the member’s attendance; or  6. Other reason for which the member has given notice to the secretary of his or her unavailability at least seven days in advance of the meeting. OR  The absence was not for any of the above-listed reasons. I understand that the absence will be recorded as unexcused. I certify the reason for the absence indicated above is true and correct. Member’s Signature: __________________________________________________________ Date: _____________________________ If completed by secretary or staff to board/commission/committee: Completed on member’s behalf by: _____________________________, per member’s  Verbal  Written request on: _________________. (date) (secretary/liaison’s name) 05/14/26 05/27/2026 Planning Commission Mariluz Zepeda Bryan Felber 4 4 Page 8 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda v . 0 0 1 P a g e | 1 June 10, 2026 ITEM TITLE Conditional Use Permit PLN25-0073 (CUP25-0073) to allow for the Sale of Alcoholic Beverages (“Project”) within an existing restaurant (Luscious Dumplings) in the VC-1A (Village Center) Zone. Location: 872 Eastlake Parkway, Unit 413 (APN: 595-071-15) G.C. § 84308 Regulations Apply: Yes Environmental Notice: The project qualifies for a Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities). Recommended Action Conduct a public hearing and adopt a Resolution approving Conditional Use Permit PLN25 -0073 (CUP25- 0073) to allow the sale of alcoholic beverages within an existing restaurant (Luscious Dumplings) at 872 Eastlake Parkway, Unit 413 based on the findings and CEQA exemption, and subject to the conditions contained therein. SUMMARY LUSCIOUS D INC (“Applicant”) filed an application on November 10, 2025, proposing the sale of beer and wine in an existing restaurant within the Winding Walk shopping center owned by VWE LLC (“Property Owner”). HOUSING IMPACT STATEMENT Neither the subject property nor any portion thereof was identified in the General Plan’s Housing Element to accommodate a portion of the City of Chula Vista (“City”) allocation towards addressing regional housing needs, and the Project does not propose to add units to the City’s existing housing stock. There is no net loss of housing capacity toward fulfilling the City’s obligation. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA), and it has been determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; and where the exceptions listed in State CEQA Guidelines Section 15300.2 would not apply in that no Page 9 of 36 City of Chula Vista Planning Commission June 10, 2026 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 cumulative impacts were identified, no significant effects on the environment were identified, the project is not adjacent to a scenic highway, no historical resources would be affected by the action, and the project was not identified on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code. Thus, no further environmental review is required. DISCUSSION Project Description The Project proposes to sell beer and wine for onsite consumption in an existing 1,325-square foot restaurant within the Winding Walk shopping center. Additionally, the Project proposes the sale and consumption of beer and wine inside the premises. The restaurant will operate between the hours of 11:00 AM and 10:00 PM, daily. In accordance with Section III (Village Center & Commercial Districts), Subsection III.1.B.18.b(1) of the Eastlake II Community District Regulations, the sale of alcoholic beverages within restaurants in the VC-1A Zone is permitted with a Conditional Use Permit approved by the Planning Commission. No alterations to the building or property are proposed beyond what exists today. Project Site Characteristics The subject property is located south of Eastlake Parkway and east of State Route 125 (Attachment 1) within the Winding Walk shopping center. The purpose of the VC-1A Zone is to allow for a variety of Commercial and Service uses. The table below identifies the General Plan land use designations and zoning designations of the subject property and its surroundings. Land Use Designations and Existing Land Uses General Plan Zoning Designation Existing Land Use Project Site North South East West Analysis Pursuant to Section IX (Administration), Subsection IX.1.A. – Standard Procedures, the administration of uses requiring a Conditional Use Permit (CUP) must comply with the applicable provisions of the Chula Vista Municipal Code (CVMC) Section 19.14.080, which includes the following findings for a CUP: a) That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general wellbeing of the neighborhood or the community; b) 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; Page 10 of 36 City of Chula Vista Planning Commission June 10, 2026 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 c) That the proposed use will comply with the regulations and conditions specified in Title 19 (or the applicable land use standards) for such use; d) That the granting of a conditional use permit will not adversely affect the City’s General Plan or the adopted plan of any governmental agency; and e) That the proposed conditional use, if located in the coastal zone, is consistent with the certified local coastal program and is consistent with the intent of the zoning district. The proposed use is located in the VC-1A Zone of the Eastlake II Sectional Planning Area. The VC-1A zone is designed as an area that provides a variety of retail, service, and office uses to members of the public. The existing restaurant supports the surrounding shopping center by providing a place for residents to dine and gather. The proposed sale of alcoholic beverages is ancillary to the restaurant’s primary operation as a food establishment and is intended to complement meals in a controlled dining environment. The operational characteristics of the proposed use have been reviewed and analyzed in consideration of the suitability of the site. Based upon hours of operation, operational characteristics, and location of the establishment among many similar and compatible commercial uses, it has been determined that the proposed sale of alcoholic beverages within an existing restaurant would be suitable in type and intensity for the subject site. To further ensure compatibility with surrounding uses, conditions have been placed on the Project to minimize potential negative impacts created by the use, including limits to the hours of operation and placement of signage. Specifically, the Police Department has included a condition of approval that the sale and consumption of alcoholic beverages shall be permitted between 11:00 AM and 10:00 PM, each day of the week. Furthermore, the Applicant will be required to provide Responsible Beverage Service (RBS) training and video surveillance for the investigation and prosecution of criminal acts within or near the premise. Further, the proposed use, as conditioned, is consistent with policies of the VC-1A Zone of the Eastlake II Sectional Planning Area and the Commercial Retail (CR) land use designation in the Chula Vista General Plan and would not adversely affect its implementation. Finally, the Project is not located within the coastal zone. Alcoholic Beverage Control (ABC) In addition to a Conditional Use Permit approved by the Planning Commission, the Applicant is required to obtain a Type 41 license from the California Department of Alcoholic Beverage Control (ABC), which is the state agency authorized to license and regulate the manufacture, importation, and sale of alcoholic beverages. ABC’s decision for an alcohol license application takes place after the City has completed its discretionary review. Based on consultation with the Police Department and ABC, a Public Convenience or Necessity (PCN) determination from the City is not required for the proposed project. Public Notice In accordance with the City of Chula Vista Public Participation Policy, a Notice of Application was sent to property owners within 500 feet of the project site and posted on the City’s website on May 21, 2026. In addition, pursuant to CVMC Sections 19.12.070 and 19.12.080, a notice of public hearing was sent and published within 10 business days prior to the Planning Commission hearing. CONCLUSION Consistent with the objectives of the Eastlake II Sectional Planning Area and Chula Vista General Plan, staff recommends that the Planning Commission approve the Project. This recommendation is supported by the Page 11 of 36 City of Chula Vista Planning Commission June 10, 2026 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 above findings, the CEQA exemption, and the specific conditions of approval, set forth in the attached 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 property which is the subject of this action. 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 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 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. ATTACHMENTS Resolution No. 2026-XXX, approving PLN25-0073 (CUP25-0073) 1. Location Map 2. Project Plans 3. Disclosure Statement Staff Contact: Valeria Tarka, Senior Planner, Development Services Anna Colamussi, Deputy Director, Development Services Page 12 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Form Rev 1/29/2025 RESOLUTION NO. __________ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AND APPROVING CONDITIONAL USE PERMIT PLN25-0073 (CUP25-0073) TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING 1,325-SQUARE FOOT RESTAURANT (LUSCIOUS DUMPLINGS) WITHIN A COMMERCIAL SHOPPING CENTER LOCATED WITHIN VILLAGE CENTER (VC-1A) ZONE OF THE EASTLAKE II SECTIONAL PLANNING AREA WHEREAS, on November 10, 2025, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista (“City”) Development Services Department by LUSCIOUS D INC (“Applicant”) for the property owned by VWE 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- 071-15 and otherwise known as 872 Eastlake Parkway, Unit 413 (“Project Site”); and WHEREAS, the Applicant requests approval of a Conditional Use Permit for the sale of alcoholic beverages within an existing restaurant (“Project”); and WHEREAS, in accordance with Section III (Village Center & Commercial Districts), Subsection III.1.B.18.b(1) of the Eastlake II Community District Regulations the sale of alcoholic beverages within restaurants in the VC-1A Zone is permitted with a Conditional Use Permit approved by the Planning Commission of the City of Chula Vista (“Planning Commission”); 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) business 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, where 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 PLN25-0073 (CUP25-0073) in accordance with the findings and subject to the conditions of approval contained within this Resolution; and Page 13 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Planning Commission Resolution No. 2026-XXX Page 2 WHEREAS, the Planning Commission reviewed and considered the staff report and related materials for PLN25-0073 (CUP25-0073), 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, hereby makes the following findings: I. COMPLIANCE WITH CEQA The proposed Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (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. II. 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 wellbeing of its neighborhood or the community. The proposed use is located in the Village Center (VC-1A) of the Eastlake II Sectional Planning Area. The VC-1A zone is designed as an area that provides a variety of retail, service, and office uses to members of the public. The existing restaurant supports the surrounding shopping center by providing a place for residents to dine and gather. The proposed sale of alcoholic beverages is ancillary to the restaurant’s primary operation as a food establishment and is intended to complement meals in a controlled dining environment. 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 operational characteristics of the proposed use have been reviewed and analyzed in consideration of the suitability of the site. Based upon hours of operation, operational characteristics, and location of the establishment among many similar and compatible commercial uses, it has been determined that the proposed sale of alcoholic beverages within an existing restaurant would be suitable in type and intensity for the subject site. To further ensure compatibility with surrounding uses, conditions have been placed on the Project to minimize potential negative impacts created by the use, including limits to the hours of operation and placement of signage. Furthermore, the Applicant will be required to provide Responsible Beverage Service (RBS) training and video surveillance for the investigation and prosecution of criminal acts within or near the premise. Page 14 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Planning Commission Resolution No. 2026-XXX Page 3 3. 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 (“CVMC”). The Project will adhere to the applicable performance standards set forth in Section III (Village Center & Commercial District), Subsection III.3 – Performance Standards: Village Center Districts of the Eastlake II Sectional Planning Area. 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. 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 Commercial Retail (CR). The Project is consistent with the General Plan land use designation and will not adversely affect implementation of the General Plan. The Project, as approved by a Conditional Use Permit pursuant to the Eastlake II Sectional Planning Area, is consistent with the Village Center (VC-1A) permitted land uses. III. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL Planning Division 1. Upon receiving actual notice of graffiti located on the Applicant's leased premises, the Applicant shall promptly remove the graffiti, if authorized to do so, or request that the property owner or landlord remove it. 2. 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 Development Services Department. 3. 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 the ABC. Business shall be conducted in a manner that will not violate any provisions of the California Alcoholic Beverage Control Act and conditions of the ABC license. 4. 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 (7) days and shall be provided to the Chula Vista Police Department upon request. The Applicant shall cooperate with Chula Vista Police Page 15 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Planning Commission Resolution No. 2026-XXX Page 4 Department or related law enforcement agencies by providing all video surveillance for the investigation and prosecution of criminal acts within or near the premise. 5. 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. Police Department 1. Sales, service, and consumption of alcoholic beverages shall be permitted only between 11:00 a.m. and 10:00 p.m. 2. The use of any amplifying system or device inside the premises shall not be audible outside the premises. 3. There shall be no live entertainment of any type, including but not limited to live music, disc jockey, karaoke, topless entertainment, male or female performers or fashion shows. 4. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sale of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. IV. 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 PLN25-0073, 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 and the Eastlake II SPA. 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 Page 16 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Planning Commission Resolution No. 2026-XXX Page 5 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 Cit y’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 as determined by the Director of Development Services shall be subject to approval by the Planning Commission. 6. These permits shall expire if not utilized within three (3) years of the approval date or the end of any appeal period unless the Applicant initiates an extension prior to expiration of the permit in accordance with CVMC Sections 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 PLN25-0073 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. V. 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 and any such protest must be in a manner that complies with Government Code Sect ion 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, z oning, grading, or other similar application processing fees or service fees in connection with this project; Page 17 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Planning Commission Resolution No. 2026-XXX Page 6 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. VI. 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. ________________________________ ________________________ Signature of Property Owner Date (George Yermanos, SVP/ Director of Commercial Property Management of Sudberry Properties, Inc. for VWE LLC) _______________________________ Printed Name of Property Owner (George Yermanos, SVP/ Director of Commercial Property Management of Sudberry Properties, Inc. for VWE LLC) ________________________________ _______________________ Signature of Applicant Date (Siying Bao for LUSCIOUS D INC.) ________________________________ Printed Name of Applicant (Siying Bao for LUSCIOUS D INC.) VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, 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. Page 18 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Planning Commission Resolution No. 2026-XXX Page 7 VIII. 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 are 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. Presented by Approved as to form by Anna Colamussi Marco A. Verdugo Deputy Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the Planning Commission of the City of Chula Vista, California, this 10th day of June 2026, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ______________________________ 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-XXX was duly passed, approved, and adopted by the Planning Commission at a regular meeting of the Planning Commission held on the 10th of June 2026. Executed this 10th day of June 2026. ______________________________ Mariluz Zepeda, Deputy City Clerk Page 19 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Page 20 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda PARCEL 1, RETAIL Page 21 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda 2 Page 22 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda The alcoholic beverages willbe handled and served insidethe area circled in red ink LEGEND: Page 23 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Page 24 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Page 25 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Development Services Department Planning Division I Development Processing CITY OF CHULA VISTA Disclosure Statement APPLICATION APPENDIX B Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interest, payments, and campaign contributions must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). LUSCIOUS b IN 2. If any person* identified in section 1. above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation/partnership) entity. SIYINOr AO ZETA CHAN& 3. If any person* identified in section 1. above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. TA1KMUK[ OSA [NA AUTHOI I ZED REFRESEUTATI VEi 5. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes _ No X If yes, briefly describe the nature of the financial interest the official** may have in this contract. Form 4of9 sio 276 Fourth Avenue I Chula Vista I California 1 91910 1 (619) 691.5101 RevO7I4 Page 26 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda evelopment Services Department Planning Division I Development Processing CITY OF CHULA VISTA Disclosure Statement - Page 2 APPLICATION APPENDIX B 6. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past (12) months to a current member of the City of Chula Vista Council ? Yes __ No if yes which council member? __________- 7. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of a ything of value, money to retire a legal debt, gift, loan, etc.) Yes No If yes, which official** and what was the nature of the item provided? 8. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past (12) months? Yes No _X__ If yes, which official** and the nature of the item provided? Date ./ 2- 2J Signature of Contractor/Applicant TA.KA YU K 105AWA Print or type name of Contractor/Applicant Person is identified as: any individual, firm, co -partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission or committee of the City, and City employee or staff members. This disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by legislative body. Last Updated: March 16, 2010 Form Sof9 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691.5101 Rev07.14 Page 27 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Luscious Dumplings 872 Eastlake Pw, Unit 413 June 10, 2026 1 Planning Commission Item 6.1 Page 28 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Project Location and Surrounding Uses 2 N Page 29 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Site Layout 3 N Page 30 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Site Photos Front Elevation (South) 4 Page 31 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Proposed Floor Plan 5 N Page 32 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Approval Requirements 6 Restaurants With Alcoholic Beverages •Conditional Use Permit by the Planning Commission (Eastlake II PC District Regulations Section III.1.B.18.b.1) Page 33 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda CEQA Environmental Review •The proposed Project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. No further environmental review is required. 7 Page 34 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda RECOMMENDATION Adopt a Resolution approving Conditional Use Permit PLN25-0073 (CUP25-0073). Page 35 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda Written Communication - 6.2 Torres - Received 06/10/26 Page 36 of 36 City of Chula Vista Planning Commission June 10, 2026 Agenda