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HomeMy WebLinkAboutResolution 2026-006 RESOLUTION NO. 2026-006 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”); an d 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”); an d 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 Docusign Envelope ID: B41C41B3-872A-889A-826F-37892D0FD4C0 Resolution No. 2026-006 Page No. 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. 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”). Docusign Envelope ID: B41C41B3-872A-889A-826F-37892D0FD4C0 Resolution No. 2026-006 Page No. 3 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 Department or related law enforcement agencies by providing all video surveillance for the investigation and prosecution of criminal acts within or near the premise. Docusign Envelope ID: B41C41B3-872A-889A-826F-37892D0FD4C0 Resolution No. 2026-006 Page No. 4 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 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. Docusign Envelope ID: B41C41B3-872A-889A-826F-37892D0FD4C0 Resolution No. 2026-006 Page No. 5 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 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 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. Docusign Envelope ID: B41C41B3-872A-889A-826F-37892D0FD4C0 Resolution No. 2026-006 Page No. 6 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. Docusign Envelope ID: B41C41B3-872A-889A-826F-37892D0FD4C0 Siying Bao 6/12/2026 George Yermanos 6/15/2026 Resolution No. 2026-006 Page No. 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 comp etent 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] Docusign Envelope ID: B41C41B3-872A-889A-826F-37892D0FD4C0 Resolution No. 2026-006 Page No. 8 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: Felber, Jones, Sanfilippo, Torres, and Leal NOES: Commissioners: None ABSENT: Commissioners: Combs 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. 2026-006 was duly passed, approved, and adopted by the Planning Commission at a regular meeting of the Planning Commission held on the 10th day of June 2026. Executed this 10th day of June 2026. Mariluz Zepeda, Deputy City Clerk Docusign Envelope ID: B41C41B3-872A-889A-826F-37892D0FD4C0