HomeMy WebLinkAboutPlanning Comm Reports /2006/12/13
AGENDA
MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
Wednesday, December 13,2006
Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER:
ROLL CALL/MOTIONS TO EXCUSE:
Planning Commission:
Felber_
Bensoussan_
Vinson_
Tripp_
Moctezuma_
Clay ton_ Speth man_
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE:
APPROVAL OF MINUTES: November 29, 2006
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on any
subject matter within the Commissions' jurisdiction but not an item on today's agenda.
Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING: PCZ 06-06; Consideration of a rezone application to change
the existing zone classification of a parcel of land know as 696
Naples Streetfrom R3-P9, Multi-family Residential, Precise Plan
to IL, Limited Industrial- Health Advantances USA. (Legislative)
Staff recommends that public hearing be opened and continued to a date certain of January
24, 2007.
2. PUBLIC HEARING: PCC 07-15; Consideration of a Conditional Use permit to
establish and operate a 6,460 square-foot restaurant/bar at 871
Showroom Place, Suite 102 within the Eastlake Design District-
Bay Bridge Brewing. (Quasi-Judicial)
Project Manager: Jeff Steichen, Associate Planner
3. PUBLIC HEARING:
PCC 0730; Consideration of a Conditional Use Permit to
establish and operate a 5,145-square foot restaurant/bar at 871
Showroom Place, Suite 100 within the Eastlake Design District-
Paul Dobson. Quasi-Judicial
Project Manager: Jeff Steichen, Associate Planner
Planning Commission
-2-
December 13,2006
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT:
To a regular Planning Commission meeting on January 10,2007.
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require
special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such
accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and
activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices
for the Deaf (TDO) at 585-5647. California Relay Service is also a\Bilable for the hearing impaired.
MINUTES OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
Wednesday, November 29, 2006
Council Chambers
276 Fourth Avenue
Chula Vista, CA
6:06:58 PM CALL TO ORDER:
ROLL CALL/MOTIONS TO EXCUSE:
Members Present:
Member(s) Absent:
Cmrs. Felber, Clayton, Vinson, Moctezuma, Bensoussan, Spethman
Cmr. Tripp
Staff Members Present:
Jim Hare, Assistant Planning Director
Rick Rosaler, Principal Planner
Harold Phelps, Associate Planner
Luis Hernandez, Development Planning Manager
ORAL COMMUNICATIONS: No public Input.
1. PUBLIC HEARING:
PCC 06-95; Consideration of a Conditional Use Permit for the
sale of alcoholic beverages at "A Taste of Italy Restaurant"
located at 1730 East Palomar Street, Suite 1. Applicant: Steve
Abbo. (Quasi-Judicial)
Background: Harold Phelps reported that on November 30, 2004 a public notice was sent to
51 residential units located in the vicinity of the restaurant regarding the application for a liquor
license. On December 2004 the liquor license was approved and a zoning affidavit was
erroneously approved, indicating that a CUP was not necessary. With no public comment, the
ABC license was issued without conditions on January 27, 2005.
The Villagio condominiums opened in 2005; meanwhile the permitting and construction process
took place for the restaurant, which opened in April 2m6.
The Police Department received a complaint for noise disturbances associated with alcohol
consumption occurring on the patio. The complaint was brought to the attention of the Planning
Department, where it was discovered that a CUP application should have been made for the
sale of alcohol. The owner was notified and subsequently applied for a CUP. The Planning
Department sent out notices to residents within 500 ft. of the restaurant for a Zoning
Administratordetermination and subsequently received letters and petitions from the residents.
A ZA hearing was held on October 23, 2006 and since a consensus could not be reached, the
Zoning Administrator determined to refer the CUP to the Planning Commission.
The applicant is requesting a continuance to December 13, 2006.
The Villagio residents are requesting that a continuance not be granted and that the Planning
Minutes of the Planning Commission
- 2-
November 29, 2006
Commission move forward with the Public Hearing as scheduled for November 29, 2006.
Commission Comments:
Upon a brief discussion on the merit of accepting or rejecting the applicant's request to continue
the public hearing to December 13, 2006, the following motion was offered.
MSC (Bensoussan/Moctezuma) (4-2-1-0) that the Planning Commission open public
hearing, take testimony and contnue the public hearing to December13, 2006. Motion
failed with Cmrs. Spethman, Felber, Vinson, Clayton voting against the motion.
Public Hearing Opened:
Steve Abbo, restaurant co-owner, 1730 E. Palomar St., Ste. 1, Chula Vista reiterated that at
the time that they went through the entitlement process with the City and obtained their liquor
license with the ABC, they were never told that a Conditional Use Permit was required.
Mr. Abbo stated that their ABC license was granted based on the hours of operation they
submitted and were approved by the City. He indicated that their business concept works and
they have been successful because they are able to hold the hours of operation and sale of
alcohol that they do. The restaurant is patronized by a client-base that favors late-night fine
dining and want to enjoy and accompany their meal with an alcoholic beverage or wine. Their
restaurant is competing with higher-end restaurants that you would find in the Gaslamp District
and Little Italy. Their objective is to enable their clientele base to stay in the area and not have
to drive to downtown San Diego to enjoy fine Italian cuisine.
Mr. Abbo stated that they have already experienced a reduction in business due to more
restaurants opening in eastern Chula Vista; in his opinion, the added restrictions that are being
proposed under this CUP would most likely force him out of business.
Cmr. Spethman asked the applicant to elaborate on who is patronizing his restaurant at such
late hours during week days and inquired what is the average time that they stay open during
week-days.
Mr. Abbo responded that it's not uncommon to get a group of ten professionals or a family
group consisting of couples that come in at 11 :00 p.m.; most like to sit outside in the patio area.
During the week-days, staying open til1 :00 would keep their business viable, however, closing
as 12:00 midnight would have a significant financial impacts.
Cmr. Spethman clarified that his understanding of the applicant's position is that although their
late-night busy days are Thursday thru Saturday, the applicant would like the flexibility to remain
open late Sunday thru Wednesday for the occasional late night crowd, although past experience
has been that they closed by 1 :00 a.m.
Cmr. Clayton stated that this is a two-fold matter; first is the restriction on the hours of
operation; secondly, of most concern to her is the restriction that alcohol may not be served on
the patio after 9:00 p.m. She indicated that over 2/3rds of the restaJrant's seating capacity is
outside in the patio; this, in her opinion, would have a significant financial impact and the
restaurant's viability may potentially be at stake.
Minutes of the Planning Commission
-3-
November 29, 2006
Robert Riley,1250 Santa Cora #736, Chula Vista, CA stated that he is a local resident who
enjoys patronizing the restaurant at least twice a week. He noted that the only defect on the
project design is the location of the trash receptacle for the restaurant; it doesn't seem
appropriate to have the restaurant dispose of their trashin the same area as the residents. A
new location should be considered.
Diah Asker, 4001 EI Cajon Blvd. Ste. 211, San Diego, CA 92105, restaurant co-owner. Mr.
Asker re-stated that they fulfilled all of the requirements of the entitlement process in good faith;
proper noticing to the area residents was conducted and that residents were aware through their
HOA CC&R's that the area they were choosing to live in was zoned MixeeUse.
Zenia Morlet, 1839 Cherbourg Dr., Chula Vista, CA stated that she patronizes the restaurant
on a frequent basis. The restaurant offers fine dining, is an attractive, clean restaurant, and a
tranquil place to enjoy a late-night diner accompanied with a glass of wine. She has never
witness disorderly behavior. One of the things she mostly likes is being able to walk to the
restaurant from her home, and she supports the restaurant maintaining its present hours of
operation and hours for sale of alcohol.
Jaime Garibay, 1839 Cherbourg Drive, Chula Vista, CA stated he patronizes many
restaurants in Chula Vista and A Taste of Italy is one of his favorites for all of the reasons
previously stated by his fiance, Ms. Morlet. He emphasized that they appreciate a restaurant of
this caliber being in the South Bay where you are able to enjoy fine late-night dining. He too
supports the restaurant maintaining its present hours of operation.
Neset Yalcinkoya, 1760 East Palomar St., #301, Chula Vista, CA stated that inebriated
people leave the restaurant screaming, laughing, sometimes fighting, honking horns or peeling
tires. He opposes the present hours of operation because of the nuisance late-night noise that
is severely impacting the quality of life for his family.
Evelyn Bermick, 1241 Santa Cora Ave. #134, Chula Vista, CA made some points of
clarification that unlike the other restaurants that have been mentioned, i.e. Miguel's,
Alejandro's, and others, this restaurant is located in a Mixed-Use area where both businesses
and residents need to peacefully co-exist, which is why it is going through the Conditional Use
Permit process now. Ms. Bermick pointed out that over 98% of the signatures on the petition
submitted by the applicant in support of maintaining the status quo are residents that do not live
in the area, therefore, are not impacted like the Villagio condominium project. Ms. Bermick and
her neighbors have endured disorderly behavior that goes beyond nuisance, from both the
patrons and employees of the restaurant. The restaurant owners and managers have not been
good neighbors and shown total disregard to the neighborhood's complaints.
Aja Reed, 1760 E. Palomar Street, #303, Chula Vista, CA stated that she has patronized the
restaurant, but right now they are not being good neighbors. She indicated that when the
restaurant closes at midnight, the employees don't leave until 1 :00, the kitchen employees don't
leave until 3:00 or 4:00 a.m. and when those employees are leaving they are slamming car
doors, blaring their radios, saying their good-byes yelling back and forth, and talking on cell
phones.
Minutes of the Planning Commission
-4-
November 29, 2006
John Melvin, 1760 E. Palomar Street, #114, Chula Vista, CA stated there are serious
problems caused by drunkenness and has personally witnessed people urinating on cars, and
he has had his windshield smashed. He stated that this is his life's investment and these
undesirable conditions is causing his property value to go down.
The applicant's argument that they were never told in the beginning that they would have to
apply for a CUP, although unfortunate, is not valid. The code requires it and it is up to the City to
conditionally approve or disprove the CUP.
Viktor Zagorol, 1760 E. Palomar St., #105, Chula Vista, CA restated the same disturbances
others have already talked about, regarding the employees leaving at 3:00 or 4:00 a.m. He
stated he is disheartened that he and his family cannot enjoy an uninterrupted peaceful, silent
night, where they can sleep with their windows open. He urged the commission to impose
restrictions on hours of operation.
Mayra Pizarro, 1760 E. Palomar, #305, Chula Vista, CA stated that she has experience
inappropriate comments and hackling from drunk patrons when she is returning home after
being out for the evening. Ms. Pizarro stated that often times she would rather take the longer
route walking to her home in order to avoid this situation.
Justin Liptord, 1760 E. Palomar, Chula Vista, CA stated he too lives in the Villagio's and
concurs with all of the comments the residents have raised, however, as a Social Services
employee his perspective is advocating on behalf of the population he serves, which are
adolescents. His concern is with the hours and sale of alcohol and the behavior associated with
its abuse. It is a public safety issue and should be taken seriously.
Public Hearing Closed.
Cmr. Vinson stated he encourages a compromise by both parties. After hearing the public
testimony, it is clear that one of the major problems is a lack of employee management and
supervision on the part of the restaurant owners. Making a good-faith effort to being a better
neighbor would go a long way.
Cmr. Vinson stated:
. He supports Condition of Approval III. A. restricting the hours of operation from 11 :00 a.m.
to 11 :00 p.m. Sunday through Thursday, and 11: a.m. to 12:00 midnight, Friday and
Saturday.
. Recommends eliminating Condition of Approval III. B. regarding the sale of alcohol ending
at 9:00 p.m. Sunday thru Thursday, and 10:00 p.m. Friday and Saturday because it is a bit
restrictive and could potentially cause a significant financial impact.
Cmr. Clayton stated she concurs with Cmr. Vinson's comments and further recommended that
prior to the Commission taking final action on the CUP that a caveat be added encouraging the
applicant to better supervise his employees in being good neighbors and also recommended
imposing a six-month trial period in which at the end of the test period the applicant and area
residents could re-address the Commission to discuss whether they followed through and took
the necessary steps to mitigate or eliminate the problems.
Minutes of the Planning Commission
-5-
November 29, 2006
Cmr. Felber stated that in his opinion the hours of operation are not the problem. The
restaurant owners are the one who know what works for them and if it's profitable for them to
remain open late when no one is coming into the restaurant. He further stated that most, if not
all, of the complaints can be eliminated with a strong effort and commitment on the part of the
owners and managers to require that all of their employees undergo "sensitivity training" with
clearly laid out rules and procedures on how to close down the restaurant, clean-up, dispose of
trash, and how to properly address and handle any complaint that is received either by phone
or in person. Every complaint should be taken seriously and directed to the owners to be
properly addressed. Signs should be posted and clearly visible explaining the restaurant's
complaint protocol. The employees need to have a clear understanding that the operation of the
restaurant is only permitted through a Conditional Use Permit, that can be revoked at any time
that it is determined that they are not in compliance; its their jobs and livelihood that is at stake.
Cmr. Bensoussan concurred with comments previously offered by fellow commissioners to
eliminate condition III. B. and retain III. A. She reiterated that good neighbor policies and
training is the way to go and stated there are many creative ways that the restaurant can engage
their patrons and employees to work together in being better neighbors, i.e. posting signs on the
parking lot to remind them.
Cmr. Moctezuma stated she too concurs with the previous commission comments and favors a
six-month trial period.
Cmr. Spethman also echoed the previous comments on the sensitivity training. He
commended the owner and made recognition on the restaurant being a high-end, aesthetically
appealing restaurant, however, they are dealing with disorderly conduct that doesn't normally
occur with this type of establishment, but rather, with much less desirable ones. He further
recommended that perhaps the owners should seriously consider hiring a security guard or
bouncer to address any disorderly behavior that occurs in the restaurant and surrounding area
and parking lot.
Cmr. Speth man stated he concurs with eliminating III. B. and would offer a motion for discussion
with a recommendation to amend condition IliA to extend the hours of sale of alcohol to 12:00
midnight during Sunday ttTough Thursday, and 1 :00 a.m. on Friday and Saturday.
Cmr. Vinson indicated that the hours stated in IliA are in line with other restaurants. Cmr.
Vinson further stated that he would be inclined to consider extending the hours as proposed by
Cmr. Speth man, however, he would favor holding off on it until after the six-month trial period.
Cmr. Moctezuma stated that, in her opinion, a restaurant's success, among other things, is
based on its clientele's knowledge and coming to rely on certain hours of operation, therefore,
she is concerned with flip-flopping back and forth with changing hours of operation.
Cmr. Bensoussan stated that she favors Cmr. Speth man's recommendation to amend
Condition III. A. upfront now, granting the applicant the opportunity to operate under those
conditions during the six-month trial period. At the end of the six month period when this matter
comes before the Planning Commission again to evaluate their compliance with the issues of
concern and their employee sensitivity training, at that time, if they still have not improved their
relationship with their neighbors, stricter restrictions could be imposed at that time or the CUP
denied.
Minutes of the Planning Commission
- 6.
November 29, 2006
MSC (Vinson/Clayton) (6-0-1-0) that the Planning Commission approve Resolution PCC
06-95 with the following changes to the resolution:
. That Condition III.B. be stricken in its entirety
. That Condition III.A. be amended to read "The hours of operation for the restaurant,
including the sales, service and consumption of alcoholic beverages shall be
permitted between the hours of 11 :00 a.m. to 12:00 midnight Sunday through
Thursday, and 11 :00 a.m. to 1 :00 a.m. Friday and Saturday."; and
. That this Conditional Use Permit shall be subject to review six months after the date
of approval at a noticed public hearing conducted by tre Planning Commission. At
the review hearing, Conditions of Approval may be revised or modified, or additional
conditions may be added.
Motion carried.
2. PUBLIC HEARING: PCS 06-12; Consideration of a Tentative Subdivision Map to
convert an existing 12-unit apartment complex to 12
condominium units for individual ownership at 582 Arizona
Street. Applicant: Floit Homes. (Quasi-Judicial)
Background: Luis Hernandez reported that on October 25, 2006 the Planning Commission
heard and subsequently continued this item so that the applicant could have additional time to
address the parking and open space issues raised at the hearing.
Staff reviewed the original site plan, which was approved with approximately 6,580 sf of open
space by the ORC in 1989. Minor modifications were approved during the building permit
review process resulting in a reduction of open space from 6,580 to approximately 5,910 sf
(projects requires 5,760 sf). Staff is of the opinion that the open space is in substantial
compliance with the applicable property development standards, therefore,the two existing
guest parking spaces may remain and no conversion to open space is required.
Staff Recommendation: That the Planning Commission adopt Resolution PCS 06-12
recommending that the City Council approve Tentative Map PCS 06-12 based on the findings
and subject to conditions listed in the draft City Council Resolution.
MSC (FelberNinson) (5-0-1-1) that the Planning Commission adopt Resolution PCS 06-
12 recommending that the City Council approve Tentative Map PCS 06-12 based on the
findings and subject to conditions listed in the draft City Council Resolution. Motion
carried with Cmr. Spethman abstaining.
Minutes of the Planning Commission
.7-
November 29, 2006
3. PUBLIC HEARING: PCC 05-44; Consideration of a Conditional Use Permit for a
hand car wash facility and expansion of an existing mini-mart at
a service station located within the Terra Nova Plaza Shopping
Center at 350 East H Street. Applicant: Lorna Ratonel/Cannalor,
Inc. (Quasi-Judicial)
Background: Luis Hernandez reported that the applicant is requesting a continuance to the
next available Planning Commission meeting, therefore, staff recommends that public hearing
be opened and continued to December 13, 2006.
MSC (Felber/Clayton) (6-0-1-0) that public hearing be opened and continued to
December 13,2006. Motion carried.
ADJOURNMENT: To a regular meeting on December 13,2006.
Submitted by
Diana Vargas,
Secretary to the Planning Commission
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date:12/13/2006
.1-
ITEM TITLE:
PCZ 06-06 Public Hearing: Consideration of a rezone application
to change the existing zone classification of a parcel of land known
as 696 Naples Street frorn R3-P-9, Multi-family
Residential/Precise Plan to IL, Lirnited Industrial - Health
Advances USA.
Health Advances is requesting pennission to change frorn an existing R3-P9 (Multi-
family ResidentiallPrecise Plan with nine DU's to the acre) to IL (Lirnited Industrial) at
696 Naples Street. This request is in accordance with the recently-adopted General Plan
of the City which changed the General Plan Designation for this property to IL (Lirnited
Industrial).
The Environmental Review Coordinator has reviewed the proposed project for
cornpliance with the California Environmental Quality Act (CEQA) and has detennined
that the project qualifies for a Class 32 categorical exemption pursuant to Section 15332
(infilI development projects) of the State CEQA Guidelines because the proposed project
is in cornpliance with the General Plan and rneets criteria described within the exemption
section. Thus, no further environmental review is necessary.
RECOMMENDATION: That the Planning Comrnission continue this item until its
January 24,2007 rneeting.
JIPlanninglAnnlPCZlAgenda StmtlPCZ 06-06.Agenda Stmt2.dnc
:r:
Q
i3
IT
3!
Fenton St
otay Lakes Rd
6'
IT
ro
'"
g
~
~
LOCATOR
ATTACHMENT 2
DRAFT PLANNING COMMISSION RESOLUTION
PCC 07-015 (BAY BRIDGE BREWING)
RESOLUTION NO. PCC-07-015
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA APPROVING A
CONDITIONAL USE PERMIT TO ALLOW FOR A FULL
SERVICE RESTAURANT AND BAR WITHIN SUITE 102 OF
THE EASTLAKE DESIGN DISTRICT (871 SHOWROOM
PLACE)- BAY BRIDGE BREWING
WHEREAS, on September 12, 2006, Bay Bridge Brewing ("Applicant"), filed a duly
verified application for a Conditional Use Pennit (PCC-07-015) ("Project") to allow for the
establishrnent of a full service restaurant and bar within an existing suite of the EastLake Design
District (EDD) located at Fenton and Showroorn Place in the BC-I/Design District Overlay zone;
and
WHEREAS, the application includes a request to extend the hours of operation beyond those
currently allowed in the EDD based upon provisions in the Master Use Pennit PCC 05-070 (MUP);
and
WHERAS, the application includes a request to expand the allowable patronage and amount
of outdoor seating; and
WHEREAS, the City is currently conducting an analysis ofrequested amendments to the
EastLake Business Center II SPA and Master Use Pennit PCC 05-070 to allow additional full service
restaurants within the EDD; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has deterrnined that the
proposed project was adequately covered in the previously approved Mitigated Negative
Declaration for the EastLake II General Developrnent Plan (GDP) and EastLake I Sectional
Planning Area (SPA) Plan Amendrnents (IS-00-03) and the associated Mitigation Monitoring and
Reporting Program.; and
WHEREAS, a duly called and noticed public hearing was held at the tirne and place as
advertised on Decernber 13,2006, at 6:00 prn in the City Council Charnbers, 276 Fourth Avenue,
before the Planning Commission of the City ofChula Vista to receive the recommendation of City
staff and to hear public testirnony with regard to the Project, and said hearing was thereafter closed.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission approves
Conditional Use Pennit PCC-07-015 in accordance with the findings contained in this Resolution.
REQUIRED CONDITIONAL USE PERMIT FINDINGS
1. That the proposed use at this location is necessary or desirable to provide a service or
facility which will contribute to the general well being of the neighborhood or the
community.
The proposed full service restaurant will serve both patrons and ernployees ofthe EDD as well
as surrounding businesses and residents. By providing the restaurant within an existing suite
within the EDD, custorners will be provided a convenient opportunity to obtain food and
beverages without leaving the confines of the EDD. Ernployees will also be provided with
opportunities to utilize the restaurant during their lirnited lunch and/or dinner breaks.
2. That such use will not under the circumstauces 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.
The proposed restaurant will not have a negative irnpact on the availability of parking within
the Design District in that 39,600 square feet of leaseable space within Phase 1 is restricted
frorn being leased out prior to a cornprehensive parking analysis being cornpleted in
conjunction with requested arnendrnents to the existing Master Use Pennit and provisions of
the Eastlake Business center II SPA. Likewise, the final (Phase lIB) of the EDD cannot be
constructed, and no additional restaurants, other than Dobson's Restaurant, will be allowed
within the entire EDD, until a comprehensive traffic analysis has been conducted and any
mitigation measures irnplemented.
3. That the proposed use will comply with the regulations and conditions specified in the
code for such use.
The project is subject to all applicable restrictions contained in the Chula Vista Municipal
Code and EastLake Business Center II SPA and MOP, except as modified by the provisions of
this Conditional Use Pennit and accornpanying conditions of approval.
4. That the granting of this Conditional Use Permit will not adversely affect the General
Plan of the City or the adopted plan of any government agency.
Granting approval ofthis CUP wi 11 not adversely affect the City's General Plan, or the adopted
EastLake Business Center II SPA and Master Use Pennit for the Design District as the latter
two are currently undergoing analysis for a potential amendment to allow additional full
service restaurants within the EDD overlay. Prior to completion of this analysis, specific
conditions of approval have been added restricting the leasing out of specified areas within the
EDD in order to insure no adverse effects will occur in the interim.
BE IT FUTHER RESO L VED THAT the Planning Commission of the City of Chula Vista
grants Conditional Use Perrnit PCC-07-015 subject to the following conditions:
1. The following conditions shall be incorporated into the plan by the applicant prior to issuance
of building pennits for this project:
Planning Division
A. The following shall be accomplished to the satisfaction of the Director of Planning and
Building:
Page 2
1. Restaurant seating shall be limited to 185 seats indoors and 80 seats outdoors for
a total of 265 seats. Any requests to increase the total nurnber of seats rnust be
reviewed and approved by the City's Zoning Adrninistrator or reviewed and
approved by the Planning Commission, at the discretion of the Zoning
Adrninistrator.
2. Hours of operation shall be limited to the following: Sunday-Thursday 11 :30 a.m.
to 11 p.rn.; Friday-Saturday 11 :30 a.m. to 1 a.m. Any requests to increase the
hours of operation rnust be reviewed and approved by the City's Zoning
Adrninistrator or reviewed by the Planning Comrnission, at the discretion ofthe
Zoning Adrninistrator.
3. Applicant shall develop and subrnit a "Recycling and Solid Waste Managernent
Plan" to the Environmental Services Prograrn Manager for review and approval
as part of the pennit process. The Plan shall dernonstrate those steps the
Applicant will take as part of the pennit process. The Plan shall demonstrate
those steps the Applicant will take to cornply with the Municipal Code, including
but not limited to Sections 8.24, 8.25 and 19.58.340 and meet the State rnandate
to reduce or divert at lest 50% of the waste generated by all residential,
cornmercial and industrial developrnents (including dernolition and construction
phases). The Applicant shall contract with the City's rranchise hauler throughout
the construction and occupancy phases of the Project. The "Recycling and Solid
Waste Managernent Plan" features should be identified on the building plans. A
"Recycling and Solid Waste Planning Manual" is available at the Planning
counter, City website or through EnvironmentalServices@ci.chula-vista.ca.us.
4. Applicant shall retrofit the existing or add new trash enclosure for use by
restaurant tenant per the direction of City's Code Enforcement Department. This
work shall include the addition of a hose bib and sloped floor drain as a rneans of
cleaning and sanitizing the area so as to reduce the potential for creating a
nuisance. Applicant shall coordinate this work with Code Enforcement Officer
Joan Schrnidt (619) 407-3551.
5. Applicant shall successfully obtain a license to serve alcohol from Alcohol
Beverage Control and cornply with any and all restrictions placed upon the
license.
Building Division
B. The following shall be accomplished to the satisfaction of the City Building Official:
1. Applicant shall submit building plans and required fees per the following Building
Division requirements:
a. Building permits are required per 2001 Ca. Building Code (CBC), Ca.
Mechanical Code, Ca. Plumbing Code, and Ca. Handicapped Accessibility
requirernents (SB1025),
Page 3
b. Structural plans and calculations must be starnped and signed by a
California Registered Civil/Structural Engineer.
c. Sprinkler plan since total area exceeds 5,000 square feet
d. Proof of Health Departrnent approval
City Engineer
C. The following shall be accornplished to the satisfaction of the City Engineer:
I. Applicant shall pay the following fees that are required based on the final building
plans subrnitted:
a) Sewer Connection and Capacities fees
b) Traffic Signal Fees
2. Applicant shall provide a Sewer Study showing that the wastewater flow will be
less, or equal to the wastewater flow used to design the sewer systern.
3. Applicant shall provide a Water Technical Report to identify potential pollutants
generated at the site during the post-developrnent phase of the Project and to
identify/propose appropriate structural and non-structural Best Managernent
Practices (BMPs) to rninirnize discharge of such pollutants to the rnaximum
extend practicable.
4. Applicant shall cornplete the applicable Stonn Water Compliance Fonns and cornply
with the City of Chula Vista's Stonn Water Management Standards Requirernents
Manual.
5. Applicant shall comply with all requirernents of the State Water Resources Control
Board (SWRCB) NPDES General Pennit No. CAS000002, Waste Discharge
Requirements for Discharges ofStonn Water Runoff Associated with Construction
Activity. In accordance with this Pennit, a Stonn Water Pollution Prevention Plan
(SWPPP) and a Monitoring Program Plan shall be developed and implemented
concurrent with the commencement of grading activities. The SWPPP shall specify
both construction and post-construction structural and non-structural pollution
prevention measures. The SWPPP shall also address operation and rnaintenance of
post-construction pollution prevention rneasures, including short-tenn and long-tenn
funding sources and the part or parties that will be responsible for the implernentation
of such measures.
Applicant shall file a complete and accurate Notice-of-Intent (NOI) with the SRCB.
Applicant shall file a copy ofthis acknowledgernent frorn the SWRB that a NOI has
been received for this Project with the City ofChula Vista when received. Further,
Applicant shall file a copy of the cornpleted NOI from the SWRCB showing the
Page 4
Pennit Nurnber for this Project with the City ofChula Vista when received.
6. Pursuant to NPDES Municipal Pennit, Order No. 2001-01, the proposed project is
considered a Priority Developrnent Project and therefore subject to the requirernents
ofthe Standard Urban Stonn Water Mitigation Plans (SUSMPs) and Numeric Sizing
Criteria. The Applicant shall cornplete the applicable fonns (See City of Chula
Vista's Developrnent and Redeveloprnent Stonn Water Managernent Requirernents
Manual) and cornply with the Manual's requirements.
7. The San Diego Regional Quality Control Board plans to adopt the new National
Pollutant Discharge Elimination System (NPDES) Municipal Pennit for the San
Diego Region in Decernber 2006. As a result of the new Pennit, there rnay be
additional requirements that the applicant will be required to meet, depending on the
tirne his/her development takes place and/or a building pennit is applied for.
Fire Department:
I. Applicant shall cornply with all requirernents of the Chula Vista Fire Department
including obtaining a pennit for a place of public assernbly.
II. The following on-going conditions shall apply to the property as long as it relies on this
approval.
I. The conditions of approval for this Conditional Use Perrnit shall be applied to the subject
property until such tirne approval is revoked, and the existence of this approval with
conditions shall be recorded with the title of the property.
2. The restaurant shall operating upon the opening of any establishment within Phase lIB of
the Eastlake Design District, unless an arnendment to the Eastlake Design District SPA
and MUP, accornpanied by a a comprehensive traffic study which either indicates the
adequacy of current traffic and parking conditions or requires additional measures to be
made in order to mitigate any negative traffic impacts is cornpleted.
3. The restaurant shall cease operating if the vacant leasable square footage within Phase 1
of the EastLake Design District totals less than 39,600 square feet unless an amendrnent
ofthe Eastlake Design District SPA and MUP, accompanied by a parking analysis which
amends the current parking requirernent is cornpleted or another acceptable means of
providing sufficient parking on-site to accommodate the additional lease area is accepted
by the Director of Planning and Building.
4. The site shall be developed and maintained in accordance with the plans approved for
PCC-07-015 by the Planning Commission.
5. Approval of this request shall not waive cornpliance with all sections of Title 19 of the
Municipal Code, and all other applicable City Ordinances in effect at the tirne of building
perrnit issuance.
Page 5
6. Any deviation from the above noted conditions of approval shall require the approval of a
rnodified Conditional Use Perrnit by the Director of Planning and Building.
7. This Conditional Use Permit shall becorne void and ineffective if not utilized within one
year from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code. Failure to cornply with any conditions of approval shall cause this perrnit
to be reviewed by the City for additional conditions or revocation.
8. This Conditional Use Perrnit shall be subject to any and all new, modified or deleted
conditions irnposed after approval of this CUP to advance a legitirnate governmental
interest related to health, safety or welfare which the City shall irnpose after advance
written notice to the Applicant and after the City has given to the Applicant the right to be
heard with regard thereto. However, the City, in exercising this reserved right/condition,
may not impose a substantial expense or deprive the Applicant of a substantial revenue
source which the Applicant cannot, in the norrnal operation of the use perrnitted, be
expected to economically recover.
9. The Applicant/owner shall and does hereby agree to indernnifY, protect, defend and hold
harrnless City, its elected officials, officers, ernployees and representatives, from and
against any and all liabilities, losses, darnages, demands, clairns and costs, including court
costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Conditional Use Permit and (b)
City's approval or issuance of any other perrnit or action, whether discretionary or non-
discretionary, in connection with the use conternplated herein. Applicant/operator shall
acknowledge their agreernent to this provision by executing a copy of the Conditional Use
Perrnit where indicated below. Applicant's/operator's cornpliance with this provision shall
be binding on any and all of the Applicant's/operator's successors and assigns.
IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this docurnent signing on the lines provided
below, said execution indicating that the property owner and applicant have each read,
understood and agreed to the conditions contained herein, and will irnplernent same. Upon
execution, this docurnent shall be recorded with the County Recorder of the County of San
Diego, at the sole expense ofthe property owner and/or applicant, and a signed, stamped copy
returned to the City's Planning and Building Department. Failure to return the signed and
starnped copy of this recorded docurnent within 10 days of recordation shall indicate the
property owner/applicant's desire that the project, and the corresponding application for
building penuits and/or business license, be held in abeyance without approval.
Signature of Property Owner
871 Showroom Place, Suite 102
Date
Page 6
Signature of Applicant
Date
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any ofthe foregoing conditions fail to occur, or ifthey are, by their tenns, to be irnplemented
and rnaintained over tirne, if any of such conditions fail to be so implemented and maintained
according to their tenns, the City shall have the right to revoke or modify all approvals herein
granted, deny, or further condition issuance of all future building pennits, deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted, institute and prosecute litigation to compel their cornpliance with said conditions or
seek damages for their violation. Failure to satisfy the conditions of this Conditional Use
Pennit may also result in the imposition of civil or crirninal penalties.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention ofthe Planning Cornmission that its adoption ofthis Resolution is dependent
upon the enforceability of each and every tenn, provision and condition herein stated; and that
in the event that anyone or rnore tenns, provisions or conditions are detennined by a Court of
cornpetent jurisdiction to be invalid, illegal or unenforceable, this Resolution and the
Conditional Use Pennit shall be deemed to be autornatically revoked and of no further force
and effect.
APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this
13th day of Decernber, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Byron Felber, Chair
ATTEST:
Diana Vargas, Secretary
Page 7
ATTACHMENT 3
DRAFT PLANNING COMMISSION RESOLUTION
PCC 07-030 (PAUL DOBSON)
RESOLUTION NO. PCC-07-030
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA APPROVING A
CONDITIONAL USE PERMIT TO ALLOW FOR A FULL
SERVICE RESTAURANT AND BAR WITHIN SUITE 100 OF
THE EASTLAKE DESIGN DISTRICT (871 SHOWROOM
PLACE)-P AUL DOBSON
WHEREAS, on November 20, 2006, Paul Dobson ("Applicant"), filed a duly verified
application for a Conditional Use Penuit (PCC-07-030) ("Project") to allow for the establishment
of a full service restaurant and bar within an existing suite of the EastLake Design District (EDD)
located at 871 Showroorn Place, Suite 100 in the BC-IlDesign District Overlay zone; and
WHEREAS, the application includes a request to extend the hours of operation beyond those
currently allowed in the EDD based upon provisions in the Master Use Penuit PCC 05-070 (MUP);
and
WHERAS, the application includes a request to expand the allowable patronage and amount
of outdoor seating; and
WHEREAS, the City is currently conducting an analysis of requested amendrnents to the
EastLake Business Center II SPA and Master Use Penuit PCC 05-070 to allow additional full service
restaurants within the EDD; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for
cornpliance with the California Environmental Quality Act (CEQA) and has detenuined that the
proposed project was adequately covered in the previously approved Mitigated Negative Declaration
for the EastLake II General Development Plan (GDP) and EastLake I Sectional Plarming Area (SPA)
Plan Arnendrnents (IS-00-03) and the associated Mitigation Monitoring and Reporting Program.; and
WHEREAS, a duly called and noticed public hearing was held at the tirne and place as
advertised on Decernber 13, 2006, at 6:00 pm in the City Council Chambers, 276 Fourth Avenue,
before the Plarming Comrnission of the City ofChula Vista to receive the recornrnendation of City
staff and to hear public testirnony with regard to the Project, and said hearing was thereafter closed.
NOW, THEREFORE BE IT RESOLVED that the Plarming Cornrnission approves
Conditional Use Permit PCC-07-030 in accordance with the findings contained in this Resolution.
REQUIRED CONDITIONAL USE PERMIT FINDINGS
1. That the proposed use at this location is necessary or desirable to provide a service or
facility which will contribute to the general well being of the neighborhood or the
community.
The proposed full service restaurant will serve both patrons and ernployees of the EDD as well
as surrounding businesses and residents. By providing the restaurant within an existing suite
within the EDD, customers will be provided a convenient opportunity to obtain food and
beverages without leaving the confines of the EDD. Employees will also be provided with
opportunities to utilize the restaurant during their lirnited lunch and/or dinner breaks.
2. 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.
The proposed restaurant will not have a negative irnpact on the availability of parking within
the EDD and 39,600 square feet of leaseable space within Phase I is restricted from being
leased out prior to a comprehensive parking analysis being cornpleted in conjunction with
requested amendments to the existing Master Use Permit and provisions of the Eastlake
Business center II SPA. Likewise, the final (Phase lIB) of the EDD cannot be constructed, and
no additional restaurants, other than Bay Bridge Brewing, will be allowed within the entire
EDD, until a cornprehensive traffic analysis has been conducted and any rnitigation measures
irnplernented.
3. That the proposed use will comply with the regulations and conditions specified in the
code for such use.
The project is subject to all applicable restrictions contained in the Chula Vista Municipal
Code and EastLake Business Center II SPA and MUP, except as rnodified by the provisions of
this Conditional Use Permit and accompanying conditions of approval.
4. That the granting of this Conditional Use Permit will not adversely affect the General
Plan ofthe City or the adopted plan of any government agency.
Granting approval of this CUP will not adversely affect the City's General Plan, or the adopted
EastLake Business Center II SPA and Master Use Permit for the Design District as the latter
two are currently undergoing analysis for a potential amendment to allow additional full
service restaurants within the EDD overlay. Prior to completion of the analysis, specific
conditions of approval have been added restricting the leasing out of specified areas within the
EDD in order to insure no adverse effects will occur in the interirn.
BE IT FUTHER RESOLVED THAT the Planning Commission of the City of Chula Vista
hereby grants Conditional Use Permit PCC-07-030 subject to the following conditions:
1. The following conditions shall be incorporated into the plan by the applicant prior to issuance
of building permits for this project:
Planning Division
A. The following shall be accornplished to the satisfaction of the Director of Planning and
Building:
Page 2
1. Restaurant seating shall be lirnited to 100 seats indoors and 50 seats outdoors for
a total of 150 seats. Any request to increase the total number of seats must be
reviewed and approved by the City's Zoning Administrator or reviewed and
approved by the Planning Cornmission, at the discretion of the Zoning
Administrator.
2. Hours of operation shall be 1irnited to the following: daily frorn 7:00 a.m. until
2:00 p.m. Any requests to increase the hours of operation rnust be reviewed and
approved by the City's Zoning Adrninistrator or reviewed by the Planning
Comrnission, at the discretion ofthe Zoning Adrninistrator.
3. Applicant shall develop and subrnit a "Recycling and Solid Waste Managernent
Plan" to the Environmental Services Program Manager for review and approval
as part of the permit process. The Plan shall dernonstrate those steps the
Applicant will take as part of the permit process. The Plan shall dernonstrate
those steps the Applicant will take to cornply with the Municipal Code, including
but not lirnited to Sections 8.24, 8.25 and 19.58.340 and rneet the State rnandate
to reduce or divert at lest 50% of the waste generated by all residential,
cornmercial and industrial developrnents (including dernolition and construction
phases). The Applicant shall contract with the City's rranchise hauler throughout
the construction and occupancy phases of the Project. The "Recycling and Solid
Waste Managernent Plan" features should be identified on the building plans. A
"Recycling and Solid Waste Planning Manual" is available at the Planning
counter, City website or through EnvironmentalServicesla!ci.chula-vista.ca.us.
4. Applicant shall retrofit the existing or add new trash enclosure for use by
restaurant tenant per the direction of City's Code Enforcernent Department. This
work shall include the addition of a hose bib and sloped floor drain as a rneans of
cleaning and sanitizing the area so as to reduce the potential for creating a
nuisance. Applicant shall coordinate this work with Code Enforcernent Officer
Joan Schmidt (619) 407-3551.
5. Applicant shall successfully obtain a license to serve alcohol frorn Alcohol
Beverage Control and cornply with any and all restrictions placed upon the
license.
Building Division
B. The following shall be accomplished to the satisfaction of the City Building Official:
1. Applicant shall submit building plans and required fees per the following Building
Division requirements:
a. Building permits are required per 2001 Ca. Building Code (CBe), Ca.
Mechanical Code, Ca. Plumbing Code, and Ca. Handicapped Accessibility
requirements (SB 1 025),
Page 3
b. Structural plans and calculations must be stamped and signed by a California
Registered Civil/Structural Engineer.
c. Sprinkler plan since total area exceeds 5,000 square feet
d. Proof of Health Departrnent approval
City Engineer
C. The following shall be accomplished to the satisfaction of the City Engineer:
1. Applicant shall pay the following fees that are required based on the final building
plans submitted:
a) Sewer Connection and Capacities fees
b) Traffic Signal Fees
2. Applicant shall provide a Sewer Study showing that the wastewater flow will be
less, or equal to the wastewater flow used to design the sewer systern.
3. Applicant shall provide a Water Technical Report to identify potential pollutants
generated at the site during the post-developrnent phase of the Project and to
identify/propose appropriate structural and non-structural Best Management
Practices (BMPs) to rninimize discharge of such pollutants to the maximurn
extend practicable.
4. Applicant shall cornplete the applicable Stonn Water Cornpliance Fonns and comply
with the City ofChula Vista's Stonn Water Management Standards Requirements
Manual.
6. Applicant shall comply with all requirernents of the State Water Resources Control
Board (SWRCB) NPDES General Pennit No. CAS000002, Waste Discharge
Requirernents for Discharges of Stonn Water Runoff Associated with Construction
Activity. In accordance with this Pennit, a Stonn Water Pollution Prevention Plan
(SWPPP) and a Monitoring Program Plan shall be developed and implemented
concurrent with the cornrnencernent of grading activities. The SWPPP shan specify
both construction and post-construction structural and non-structural pollution
prevention measures. The SWPPP shall also address operation and rnaintenance of
post-construction pollution prevention measures, including short-tenn and long-tenn
funding sources and the part or parties that will be responsible for the irnplernentation
of such measures.
Applicant shall file a cornplete and accurate Notice-of-Intent (NO!) with the SRCB.
Applicant shall file a copy of this acknowledgement frorn the SWRB that a NOI has
been received for this Project with the City ofChula Vista when received. Further,
Applicant shall file a copy of the cornpleted NO! from the SWRCB showing the
Page 4
Permit Number for this Project shall be filed with the City of Chula Vista when
received.
7. Pursuant to NPDES Municipal Permit, Order No. 2001-0 I, the proposed Project is
considered a Priority Development Project and therefore subject to the requirernents
of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing
Criteria. The applicant shall cornplete the applicable forms (See City of Chula
Vista's Developrnent and Redeveloprnent Storm Water Managernent Requirernents
Manual) and cornply with the Manual's requirernents.
8. The San Diego Regional Quality Control Board plans to adopt the new National
Pollutant Discharge Elimination System (NPDES) Municipal Permit for the San
Diego Region in Decernber 2006. As a result of the new Permit, there rnay be
additional requirernents that the applicant will be required to meet, depending on the
tirne his/her development takes place and/or a building permit is applied for.
Fire Department:
1. Applicant shall cornply with all requirernents of the Chula Vista Fire Departrnent
including obtaining a permit for a place of public assembly.
II. The following on-going conditions shall apply to the property as long as it relies on this
approval.
I. The conditions of approval for this Conditional Use Permit shall be applied to the subject
property until such tirne approval is revoked, and the existence of this approval with
conditions shall be recorded with the title of the property.
2. The restaurant shall cease operation upon the opening of any establishment within Phase lIB
of the Eastlake Design District, unless an amendrnent to the Eastlake Design District SPA
and MUP, accornpanied by a cornprehensive traffic study which either indicates the
adequacy of current traffic and parking conditions or requires additional rneasures to be rnade
in order to rnitigate any negative traffic irnpacts be cornpleted.
3. The restaurant shall cease operating if the vacant leasable square footage within Phase I of
the EastLake Design District totals less than 39,600 square feet unless an amendrnent to the
Eastlake Design District SPA and MUP, accornpanied by a parking analysis which amends
the current parking requirement is completed or another acceptable means of providing
sufficient parking on-site to accommodate the additional lease area is accepted by the
Director of Planning and Building.
4. The site shall be developed and rnaintained in accordance with the plans approved for PCC-
07-030 by the Planning Comrnission.
Page 5
5. Approval of this request shall not waive compliance with all sections of Title 19 of the
Municipal Code, and all other applicable City Ordinances in effect at the time of building
permit issuance.
6. Any deviation from the above noted conditions of approval shall require the approval of a
modified Conditional Use Permit by the Director of Planning and Building.
7. This Conditional Use Permit shall become void and ineffective if not utilized within one year
from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code.
Failure to comply with any conditions of approval shall cause this permit to be reviewed by
the City for additional conditions or revocation.
8. This Conditional Use Permit shall be subject to any and all new, modified or deleted
conditions imposed after approval ofthis CUP to advance a legitimate governmental interest
related to health, safety or welfare which the City shall impose after advance written notice to
the Applicant and after the City has given to the Applicant the right to be heard with regard
thereto. However, the City, in exercising this reserved right/condition, may not impose a
substantial expense or deprive the Applicant of a substantial revenue source which the
Applicant cannot, in the normal operation ofthe use permitted, be expected to economically
recover.
9. The Applicant/owner shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its elected officials, officers, employees and representatives, from and against
any and all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Conditional Use Permit and (b) City's approval
or issuance of any other permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein. Applicant/operator shall acknowledge their
agreement to this provision by executing a copy of the Conditional Use Permit where
indicated below. Applicant's/operator's compliance with this provision shall be binding on
any and all ofthe Applicant's/operators's and assigns.
IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, said execution indicating that the property owner and applicant have each read,
understood and agreed to the conditions contained herein, and will implement same. Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy
returned to the City's Planning and Building Department. Failure to return the signed and
stamped copy of this recorded document within 10 days of recordation shall indicate the
property owner/applicant's desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval.
Page 6
Signature of Property Owner
871 Showroom Place
Date
Signature of Applicant
Date
V. 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 Conditional Use
Permit may also result in the imposition of civil or criminal penalties.
VI. 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 anyone or more terms, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this Resolution and the
Conditional Use Permit shall be deemed to be automatically revoked and of no further force
and effect.
APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this
13th day of December, 2006, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Byron Felber, Chair
ATTEST:
Diana Vargas, Secretary
Page 7
ATTACHMENT 4
30-DA Y LETTER SENT TO
BAY BRIDGE BREWING (OCTOBER 9, 2006)
~!f?
~
""" ~ -<::'"
~- --
CIlY OF
CHUlA VISfA
PLANNING & BUILDING DEPARTMENT
October 9, 2006
Mr. Doug Chase
Bay Bridge Brewing
779 Anita Street, Suite A
Chula Vista, CA 91911
RE: Application PCC-07-015 Proposal to allow a full-service restaurant at 871
Showroom Place, Suite 102 within the EastLake Design District.
Dear Mr. Chase:
This letter is to inform you that the Planning and Building Department is not able to
continue processing of your application due to the fact that the requested all service
restaurant land use is not allowed under the current regulations contained in both the
EastLake Business Center II SPA and the Master Use Permit (MUP) approved for the
EastLake Design District. The EastLake Business Center SPA and the MUP allow
restaurants that cater exclusively to patrons/clientele of the Design District.
Specifically, Section IV.3, Paragraph 4, of the Business Center SPA Plan states that
"Eating and Drinking Establishments within the Design District (DD) are not intended
to compete with other commercial retail uses in the area, are meant to serve
employees and patrons of the DD only.....
In addition, Section II conditions 2 and 3 of the Master Use Permit specifically states the
following:
Hours of operation shall be daily from 9:00 am to 10:00 pm unless otherwise
approved by a separate specific use permit for an individual tenant.
"Outdoor seating shall only be permitted within the are designated on attached
Exhibit 1, herein, and shall have no more than five tables per eating and
drinking establishment.
The requested hours of operation, which are: Sunday through Thursday 11 :30 am to
11 :30 pm and Fridays/Saturdays from 11 :30 am to 1:00 am are not consistent with the
MUP hours of operation. While the additional hours of operation may be considered as
part of your CUP application, operating until 1:00 am in inconsistent with the Design
District land use concept.
Included in the Project Description & Justification section of your application you state
the following:
/276 Fourth Avenue. MS P-l 00
Chu/a Vista, CA 91910
~'re,
PRIDE
AT WORK
www.chulavistaca.gov
-c:? Post-Con'umerRecycledPaper
Doug Chase
Page 2
· The Brewhouse at Eastlake will satisfy the lunch and dinner needs of the Design
District Customers, employees, local business people, families and community
groups.
. The food program will feature a proven combination of unique variations of
traditional favorites, a lunch menu suited to the local community .....
Further, under Project Justification you state:
. The restaurant will provide a badly needed eating and drinking establishment for
the customers and employees of the EastLake Design District. The restaurant
will also provide the same service to people who work and live in EastLake...
Clearly, the above indicates that the intended Clientele extends beyond employees and
patrons of the Design District referenced above.
While the owner of the EastLake Design District applied for a simultaneous request to
amend the adopted SPA and MUP, regarding restrictions on the types of restaurants
permitted, this request must be go through the appropriate process, and must be approved
by the City Council.
If and when the requested SPA and MUP are approved, we will be able to continue
processing your CUP application. However, depending on what decision is made
regarding the requested amendments, it may be possible that CUP decision making
authority may be changed from the Zoning Administrator to the Planning Commission, in
which case additional processing fees/deposits could be required.
Should you have any questions or wish to meet to discuss these comments, please call me
at (619) 585-5778 to set up a meeting to discuss your project in more detail.
Since();, //
Jdc3LL
Associate Planner
Attachments:
Memo from Tom Adler, Senior Civil Engineer, dated September 26, 2006
Memo from Maria Muett, Associate Planner, dated September 29,2006
cc Luis Hernandez, Development Services Manager
Jim Hare, Assistant Planning Director
Jim Sandoval, Director of Planning and Building
proj ect file
CITY OF CHULA VISTA
~-,
~(fc..
-.--.
~ - -
~
MEMORANDUM
cm OF
CHULA VISTA
September 26, 2006
Pile No. PCC-07-015
(BBI431)
TO:
Jeff Steichen, Planning Division
1l
Silvester Evetovich, Principal Civil Engineer I f
Tom Adler, Senior Civil Enginee~t<
VIA:
FROM:
SUBJECT:
Conditional Use Pennit for The Brewhouse at Eastlake within the Eastlake
Design District (PCC-07-015, BB-1431)
The Engineering Department has reviewed the subject proposal. We do propose the
inclusion of the following conditions of approval for the Conditional Use Pennit
Application:
1. Provide a Traffic Impact Report analyzing the impacts that will have the inclusion of
several restaurants within the fiU1liture center.
2. Provide a Sewer Study showing that the wastewater flow will be less, or equal to the
wastewater flow us.ed to design the sewer system.
3. A Water Quality Technical Report is required to identify potential pollutants
generated at the site during the post-development phase of the project and to
identify/propose appropriate structural and non-structural Best Management Practices
(B'MPs) to minimize discharge of such pollutants to the maximum extent practicable.
In addition, we request that you provide the applicant with the following information:
I. The following fees may adjusted based on the final building plans submitted (see
attached Development Checklist for more infonnation):
. Sewer Connection and Capacities fees
. Traffic Signal Fees
Storm Water iVlanagement Comments
I. The applicant is required to complete the applicable forms (see City of Chula
".,. r"n '''........n n '" "" n,... , """" r~~ ,~
Vista's Development and Redevelopment Storm Water Management
Requirements Manual) and comply with the Manual's requirements. The Storm
Water Manual can be accessed from the web at:
http://www. chula vis taca. gOV / C itv S ervic es/Devel opm ent S ervices/Engineering/ s
tmm WaterJ\lIanual.asp
2. Pursuant to NPDES Mlmicipal Permit, Order No. 2001-01, the proposed project
is considered a Priority Development Project and therefore subject to the
requirements of the Standard Urban StOlID Water Mitigation Plans (SUSj\,;[ps)
aud Numeric Sizing Criteria.
3. Ifthe total project area is one acre or more, coverage under the National Pollutant
Discharge Elimination System (NPDES) General Construction Permit, Order No.
99-08-DWQ will be required. Otherwise, the applicant is required to complete
and submit a Construction Storm Water Management Plan (SW1v1P, Form 5504
for Private Development) in accordance with the City of Chula Vista Storm
Water J\I[anual as referenced above.
The applicant is to be advised that there may be requirements set at the time his/her
development takes place and/or a building permit is applied for, depending upon fInal plans
submitted for building permits. This response is based solely on the plans that were
submitted for our review.
Attachment
cc: Khosro Aminpour, Storm Water Management Section
Anthony Chukwudolue, Wastewater Section
David Kaplan, Traffic Section
Sandra Hernandez, Land Development Section
Roberto Perez, Permits Section
JIEngineerIPERMITS1PCC Condition Use Permit - ZB\PCC-07-0J5 The Brewhol/.Se @ Easl/ake.DOC
~!(y
-~-
~
CllY Of
CHUlA VISTA
DepartTI1ent of Planning and Building
Date:
September 29, 2006
To:
Jeff Steichen, Associate Plarmer
From:
Maria C. Muett, Associate Plarmer
Steve Power, Environmental Projects Manager ..,,/1.=->
II ~
u
IS-07 -009 Eastlake Design Center
SPA Amendment to Allow % Restaurant Area (pCC-07 -0 I 6/PCM-07 -04)
The Brewhouse Restaurant (pCC-07 -015)
Showroom Place/Eastlake Business Center II (CEQA Review)
Via:
Subject:
We have reviewed the proj ect applications and submitted plans along with attachments received on September
12, 2006. The Preliminary Environmental Review application needs to address both plarming project
applications. In order to further evaluate potential environmental impacts the following items must be
addressed.
Transportation/Traffic
Please refer to the attached Engineering memorandums dated September 26,2006 for both projects. In order
to assess potential traffic impacts created by the proposed projects (SPA Amendment and Restaurant), a traffic
study is required. The traffic impact analysis should include potential traffic impacts created by the project
buildout and include traffic generated by existing conditions. The study should include anticipated future site
buildout (with the design center tenants in full operation and several restaurants within the furniture center) as
a worse case scenario. The study should analyze potential traffic impacts to the surrounding street segments,
street intersections, and project site accesses, including any adjacent or surrounding accesses and their potential
conflicts. In addition, provide a vehicular circulation analysis addressing ingress, egress and stacking for the
proj ect including fire access/lanes. The traffic report needs to analyze both direct and cumulative impacts, and
specifY appropriate mitigation measures that lessen any potential significant impact to a level of less than
significance in accordance with the California Environmental Quality Act (CEQA).
Parking
The project needs to provide adequate parking consistent with the SPA regulations. In order to determine
potential traffic impacts a parking analysis is required. The parking analysis should address worst case parking
demand for the site and detennine whether or not sufficient parking is provided.
An approved City consultant rrom the City's Consultant List must complete all technical studies. Or ifthe
applicant prefers another consultant not on the list, the consultant must submit the required City qualification
application and required documents (see attached). We hope this will assist the applicant in the preparation of
the technical study.
In the event of any questions regarding the environmental process please do not hesitate to contact me at
extension 5747 or Steve Power, Environmental Projects Manager at Ext. 5864.
Cc: Luis Hernandez, Development Planning Manager
Steve Power, Environmental Projects Manager
Jeff Steichen, Associate Planner
David Kaplan, Traffic Engineer
Jim Newton, Senior Civil Engineer
J :\Planning\MARlA \MEi\10S\TheBreweryElBCll\IS07009thebreweryrestaurantELBCIIDCn trmemo.doc
ATTACHMENT 5
STAFF REPORT FOR
MASTER USE PERMIT PCC-05-070
/
I
..
(
PLANNING COMMISSION AGENDA STATEMENT
Item: 0-
Meeting Date: 08-24--2005
ITEM TITLE:
Public Hearing: PCC-05-070 consideration of a Master Use Permit to
implement the provisions of the EastLake II PC District Regulations and
thereby allow specified uses and restrictions within the 36 acre portion of the
EastLake Business Center known as the Design District Overlay.
The Applicant, International Real estate, submitted a conditional use permit application to consider
a master use permit to implement the provisions of the Design District Overlay outlined in the
EastLake II Planned Community Distrlct Regulations for 3 6 acre site located at 851-891 Showroom
Place. (see Locator Map, Attachment I). The project includes a detailed description of operating
standards and other restriction related to land uses allowed within the proj ect site.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the proposed project was adequately
covered in the previously approved Mitigated Negative Declaration for the Eastlake III General
Development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan Amendments (IS-OO-
13) and the associated Mitigation Monitoring and Reporting Program. Thus, no further
environmental review or documentation is necessary.
RECOMMENDATION: That the Planning Commission adopt Resolution PCC-05-070
approving the proposed master use permit, subject to conditions contained therein.
DISCUSSION:
1. Project Description
The purpose of this entitlement is to allow the operation of a home improvement/furniture and
accessories design center within the EastLake Business Center. There are no other existing centers
of this type within close proximity to South Bay. This center will offer one-stop shopping for the
home improvement needs of residents of both the area and surrounding region. Proposed uses
could range ftom showrooms and wholesale establishments for furniture, tile, and carpeting to
home gym equipment, lamps and lighting. The Master Use Permit to allow for the operation of a
design district through the implementation of provisions contained in the EastLake II PC District
Regulations. This will allow specified uses and restrictions within this portion of the EastLake
Business Center known as the Design District Overlay (See Attachment 3)
2. Project Background
The proj ect involves a total of36 acres located within the Eastlake Business Center designated as a
Design District Overlay within the BC-lland use district. On April 5, 2005 the City Council adopted
"-
2-1
Page 2, Item:
Meeting Date: 8/24/05
Ordinance Number 2999 to amend Section IV of the EastLake II PC District Regulations to clarify
land uses allowed within the project site. Section N.2 requires the approval of a Master Use Permit
in order to implement the provisions ofthis section (See Attachment 2).
3. Project Setting:
The 36 acre project site is located at the northeast comer of Otay Lakes Road and Fenton
Avenue/Showroom Place in the EastLake Business Center. Surrounding land uses include Hitachi
and Leviton corporate headquarters to the west, vacant industrial land to the north, and single-family
residential to the east and south (see Locator Map). Phase I, located at the southeasterly portion of
the site is currently under construction.
4. General Plan, Zoning and Land Use
Site General PC District Existing Land Use
Orientation Development
Plan
Site Business Center BCl Vacant/portion under const.
North Business Center SFAlSF3 Single Family Residential
South Low Residential RP8 Single Family Residential
East Residential RPl, RP2 Single Family Residential
West Business Center BCl Vacant;corporate headquarters
5. Staff Analysis
Land Use:
The proposed land uses within the Design District were previously established by the amendment to
the PC District Regulations which took effect on April 5, 2005. These land uses are outlined in a
Section N.3, which is a new section added into the PC District Regulations. The broad categories of
land uses include: 1) Manufacturing with showroom, 2) Wholesale/Retail when in conjunction with
distribution and showroom, 3) Furniture Stores and 4) Eating and Drinking establishments. The PC
District Regulations further refine what specific land uses are allowed under each ofthese categories
and also place restrictions on the amount of certain uses such as eating and drinking establishments
(See Attachment 2).
Section N.3.E.5 grants authority for the Plamring Commis~ion to consider other uses on a case by
case basis for inclusion in the list of permitted uses within the Design District Overlay. Staffhas
analyzed the request of the applicant to include the additional land use category of professional
offices which offer services related to the home improvement industry. Staff recommends this
category of uses be allowed by right within the center, with no restrictions on square footage. Staff
finds that this category will enhance the mixture of uses and services provided within the home
2-2
Page 3 r Item:
Meeting Date: 8/24/05
improvement center.
Parking:
The proposed project involves a mixture of use types with different parking ratios required. Section
VIIL2 of the PC District Regulations outlines these requirements. A sampling of these parking
ratios is shown in table below below).
LAND USE CATAGORY REQUIRED PARKING
PER SQ. FT. OF
FLOOR AREA
General Commercial 1:200
Eating and Drinking Establishments within centers 1:200
AdminlProfessional Services . 1:300
Appliance/Furniture Store , 1:600
Manufacturing 1:800
The category of distribution and showroom was not specifically indicated with its own parking ratio.
Based upon staff's analysis of the various categories of uses whichwould be permitted within the
Design District, a parking ratio of 1 parking space per 300 square feet is recommended. This ratio
incorporates a blending of the various land use categories allowed within the Design District.
Further, the use of a single parking ratio will result in a smooth transition between users who may
wish to locate within the center. Tenants proposing to lease vacant suites within the center will not
be subject to review of the adequacy of parking based upon land use category. This parking ration of
1 :300 was previously used as the basis for analyzing Phase I of the project (consisting of 231,000
square feet of building) which was reviewed by the Design Review Committee on April 19th 2004.
The 769 parking spaces proposed for Phase 1 exactly meet this parking ratio.
In addition to ground floor square footage, staff finds that this parking ratio includes allowances for
up to 25% of ground floor lease area to be used for mezzanines without requiring any additional
parking. Staff further finds that the newly proposed additional land use category for professional
offices related to home improvement fits within the blend of uses used to recommend the parking
ratio ofl :300.
Conclusion
Staff recommends the Planning Commission adopt the proposed Resolution PCC-05-70. This
Resolution outlines the governing provisions for the operation of the design district.
2-3
Page 4 r Item:
Meeting Date: 8/24/05
Attachments
1. Locator Map
2. Sections IV.2 and IV.3 of the PC District Regulations for EastLake II
3. Design District Overlay on Land Use District Map
4. Draft Resolution
5. Ownership DisclosUIe Statement
J:\Planning\Case Files\-05 (FY 04-05)\PCC\Pub1ic Hearing\PCC-05-070\StaffReports\PC\PCC-OS...o70 Staff Report.doc
2-4
ATTACHMENT 6
RESOLUTION NO. PCC-05-070
RESOLUTION NO. PCC-OS-070
(
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA APPROVING A MASTER USE
PERMIT FOR A HOME IMPROVEMENT DESIGN DISTRICT
LOCATED ON 36 ACRES WITHIN THE DESIGN DISTRICT
OVERLAY OF THE BUSINESS CENTER OF THE
EASTLAKE II PLANNED COMMUNITY.
WHEREAS, the area ofland owned by EastLake Design District, LLC is the subject matter
of this resolution, and is represented in Exhibit "A" attached hereto and incorporated herein by this
reference; and for the purpose of general description is located at 851-891 Showroom Place ("Project
Site")' and
, ,
WHEREAS, on June 15,2005, a duly verified application for a Master Use Permit (PCC-05-
070) ("Project") was filed with the City of Chula Vista Planning Division by EastLake Design
District, LLC ("Applicant"); and,
WHEREAS, Applicant requests a master use permit to implement the provisions contained in
Section IV. of the EastLake II PC District Regulations which regulate land uses within the 36 acre
project site ("Design District Overlay"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for
compliance with the California Environmental Quality Act and has determined that the Project was
adequately covered in the previously approved Mitigated Negative Declaration for the EastLake II
General Development Plan (GDP) and EastLake I Sectional Planning Area (SPi\), arid thus, no
further environmental review is necessary; and,
WHEREAS, a duly called and noticed public hearing was held at the time and place as
advertised on August 24,2005, at 6:00 pm in the City Council Chambers, 276 Fourth Avenue, before
the Planning Commission of the City of Chula Vista to receive the recommendation of City staff and
to hear public testimony with regard to the Project, and said hearing was thereafter closed.
NOW, THEREFORE BE IT RESOL VED that the Planning Commission does hereby find,
determine and resolve as follows:
1. That the proposed use at this location is necessary or desirable to provide a service or
facility which will contribute to the general well being of the neighborhood or the
community.
The proposed use within the EastLake Business Center will provide for the centralization of
home improvement uses within an area of Eastlake which is easily accessible both to residents
of Chula Vista as well as other communities within the San Diego region. The design center
will provide a unique destination oriented opportunity for members of the public who are
(
interested in some aspect of home improvement. Currently, there are no similar types of home
improvement design centers within the San Diego region within the vicinity of residents of
South Bay.
2.
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.
The proposed use will not be detrimental to the health, safety or general welfare to the general
public, or be injurious to property or improvements in the vicinity. The project has been
designed to complement other uses located within the EastLake Business Center. Buildings
and signage have been oriented to minimize impact to existing residences to the east and south
(across Otay Lakes Road).
3. That the proposed use will comply with the regulations and conditions specified in the
code for such use.
Granting of this Master Use Permit (MUP) is required in order to implement the provisions
outlined in section IV of the EastLake Business Center II SPA PC District Regulations. As
such, the uses and provisions covered under this MUP are in compliance with said SPA.
4. That the granting of this Conditional Use Permit will not adversely affect the General
Plan of the City or the adopted plan of any government agency.
The granting of this conditional use permit will not adversely affect the Chula Vista General
Plan in that the project is in compliance with the BC-I land use designation of both the
EastLake II GDP as well as SPA, as further restricted by the specific uses outlinea in the PC
District Regulations regarding the Design District overlay.
BE IT FUTHER RESOLVED THAT the Planning Commission of the City of Chula Vista
hereby grants Conditional Use Permit PCC-05-070 subject to the following conditions, whereby the
applicant and/property owner, prior to issuanee of building permits shall:
I. Prior to issuance of business licenses or building permits for tenant improvements, the
proposed land uses within the Design District must be evaluated against the following
criteria:
1. The requested location within the design district has received prior approval by the Design
Review Committee.
2. Land uses permitted within the Design District shall be consistent with those listed in
Section IV.3( e)(1 ,2) ofthe EastLake II Planned Community District and shall conform to
the requirements listed in Section IV2 and IV3 of said District Regulations as modified by
these conditions of the MUP.
3. In addition to uses discussed in condition 1.1 above, professional offices which offer
services related to home improvement are permitted by this Master Use Permit. The space
Page 2
devoted to said offices shall not exceed 25% of the ground floor lease area within the
overall center.
4. In accordance with Section IV.3(e)(4) of the EastLake II Planned Community District
Regulations, eating and drinking establishments within the entire Design District shall
comply with the following:
a. Freestanding establishments shall only be located within suites 100-103 of Building
C, as shown on attached Exhibit 1.
b. Non-freestanding eating and drinking uses may be located within a primary tenant
space wherein the floor area shall not exceed 20% of the total floor area devoted to
showroom space. Any exterior signage may only be oriented towards the center
parking area.
c. An eating and drinking establishment offering the sale of alcoholic beverages must
obtain an administrative use permit.
d. Request for additional freestanding establishments beyond those listed in (a) above
must comply with the following:
1. The Master Use Permit must be amended if the aggregate total square footage is
less than 8,000 square feet, and the total number of such establishments less than
seven
2. In addition to a modification of the Master Use Permit, if the requested addition
exceeds either 1) a maximum aggregate of 8,000 square feet or 2), the maximum
of 6 freestanding food establishments a request for an amendment to Section
IV.3(e)(4) of the PC District Regulations of the EastLake 11: SPA must be
approved by the City Council.
5. Other incidental and related uses to home improvement not previously included in the
MUP as permitted or conditional uses, may be considered on a case by case basis if
approved by the Zoning Administrator or Planning Commission per section 19.14.050.
II. Ongoing Conditions:
1. Comply with all conditions set forth in PCC-05-070
2. Hours of operation shall be daily from 9:00 am to 10:00 pm, unless otherwise approved by
a separate specific use permit for an individual tenant.
3. Outdoor seating shall only be permitted within the area designated on attached Exhibit 1,
herein, and shall have no more than five tables per eating and drinking establishment
4. Parking shall be provided at a ratio of 1 :300 square feet of ground floor square footage.
This parking ratio takes into account all types and mixture of uses permitted within the
Page 3
Design District as outlined and restricted in Section IV.3 of the PC District Regulations and
includes an allowance for an additional 25% of tenant square footage for mezzanines.
5. There shall be no permanent outdoor display areas. Temporary outdoor sales and outside
display of merchandise shall be permitted subject to the provisions ofCVMC 19.58.370 as
it relates to the provision for shopping centers.
6. Occupancies shall not store any products over twelve feet in height. High hazard products
shall not be stored over 6 feet in height. Any piles proposed higher than these provisions
shall require previous review and approval by the City's Fire Marshall. Suites may be
required to provide a technical opinion to ensure the buildings adequacy versus the use.
7. fhis lYHIP shall remain in effect unlil such time as all Dc:sign District ~s~s, other ihQ.;.l
furniture sales, are no longer located within the buildings.
8. This conditional use permit shall become void and ineffective if not utilized or extended
within the time allotted in Section 19.14.260 of the Municipal Code.
IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, said execution indicating that the property owner and applicant have each read,
understood and agreed to the conditions contained herein, and will implement same. Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy
returned to the City's Planning and Building Department. Failure to return the signed and
stamped copy of this recorded document within 10 days of recordation shall indicate the
property owner/applicant's desire that e project, and the correspondiIlg app-lication for
building permit a siness I' ense, be held in abeyance without approval.
// -0'~ a/
Date
//-.l/~dS/
Date
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any ofthe 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
Page 4
.-
(
violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil
or criminal penalties.
VI. 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 anyone 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 ab initio.
APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 24th
day of August 2005, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Felber, Bensoussan, Cortes, Madrid, Horn, Nordstrom, Tripp
~~~~
Vicki Madrid, Chair
ATTEST:
"
J:\Plannin~Case Files\~05 (FY 04-05)\PCOPublic Hearing.PCC-05-070\Resoluti0I1s.PC 05-070.doc
Page 5
ATTACHMENT 7
EXHIBIT SHOWING LOCATION OF
ON-SITE BUILDINGS AND SUITES
WITHIN EXISTING BUILDINGS
'jj
m
~~
~<
",m
"'r
70
"'-0
~1i1i
Z
-1
rSi\
~
I'T'I
()~
I-f
~s:
q~~",>~@
Li:O:>5:S; m~
t"'::E '" 0 '"''''
'" -I I'T'I ~12J\J~!,=
':1$:0> &!! !!!~[IJl:j5
!':>O' ().... q_
"ic-<~()Z:;; ~i5
'00"'> c .~
! O~ ~ 0 z
'1$: m 0 V;
t;d "'-f
Z::::::
-n
> -f
ffi j;
;:; ~ m ~
'" "
.. " '"
i!) 1'; 0 N
'" '" m
fii m m
'"
'"
~ '"
S' ~ c:
-i [;
; 0= '" ~ ~
n 0 m Z
~ .- m '" fh
'"
,- " "
,-
'"
-i ~ ~ ;;:
~
w '" q r
0 m r
'"
,-
~I'"
NC:
~I~
cnZ
.",
:no.
CJ>!;:g
........~
IDI;
~L-
~.~
:'TI~
I
--,'[II
N'C
:,..,r:
"0
~z
~.(j)
. ,~
,..'"
DC
~5
"'-
~.~
:t1lm
~ID
WC
~r=
:s;g
",Z
.",
;T!N
'"
:r",
"';'OC
"'",-
~;tI6
~OZ
"'0",
'n:i1::m
.'U
5:
o
!'J
~~
-~r
NO
~Z
.(;)
;T10
()1".-ty!..j
K&sIl'Ot1.b
wID
"'!'=
~b
."'Z
"''''
"0
.
.
L-:
.
Suite 102
5,629 net usable
778 service corridor
----2l utility rooms
6,460 total rentable square feet
.
.
871 Showroom Place, Suite 100
ATTACHMENT 8
OWNERSHIP DISCLOSURE FORMS FOR
BAY BRIDGE BREWING AND PAUL DOBSON
plann ng & Building Department
Planning Division I Development Processing
CIlY Of
CHUIA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following Information
must be disclosed: .
1. List the names of all persons having a financial Interest in the property that Is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Eastlake Design District, LLC -13A--i ~, DGok ~v--I, ...J.ir-
a California limited liability company
2. If any person" Identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
See Exhibit A attached ~~~ !: . ""SS~
.
3. If any person" identified pursuant to (1) above Is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
See Exhibit A attached
4. Please identify every person, Including any agents, employees. consultants, or independent contractors you have
assigned to represent you before the City In this matter.
5. Has any person. associated with this contract had any financial dealings with an official"" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No----1L-
If Yes, brlefiy describe the nature of the financial Interest the official"" may have In this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No X. Yes _ If yes, which Council member?
276 Fourth Avenue
Chula Vista I California
91910
(619) 691-5101
Plann ng & Building Department
Planning Division I Development Processing
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an Item of equivalent value) to an official"" of the City of Chula Vista In the
past twelve (12) months? (This Includes being a source of Income, money to retire a legal debt, gift, loan, etc.)
Yes_ No-L
If Yes, which official". and what was the nature of Item provided?
Date:
g-;f-Oj,
p I.<E-
~,.......(,--
"
Print or
n me of Contra or/Applicant ~. _ ,"~_
Ii. A \C-j-tA~L- V'D~ ~~ ~'G.,-.l
Person Is defined 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. -r
Official Includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, r
commission, or committee of the City, employee, or staff members. r,
""
F
276 Fourth Avenue I Chula Vista I California
91910
(619) 691-5101
EXHIBIT A
To
City of Chula Vista Disclosure Statement
Application Appendix B
Class A Units:
EDD 2004 Partners,a California general partnership
Attn: Kenneth G. Weimer
Ted Levenson and Carol A. Lohiser Levenson, as Trustees of the Levenson Living Trust dated
March 22, 2004
David 1. and Julie K. Piper, as Co-Trustees of The Piper Family Trust
dated 4/23/02
Robert G. Russell, Jr.
First Regional Bank, Custodian FBO Richard Brooks IRA #2402
Stacy Renee Fischer and Ronney Brent Robinson, as Co-Trustees of The Stacy and Ron
Robinson Living Trust dated February 11, 1998
Greg and Kathy Abell, as Co-Trustees
of the Abell Family Trust
Jeff and Janie Stoke, husband and wife
Steve Strauss and Lise Wilson, as Trustees of the Wilson-Strauss Trust UIDIT/12/8/92
ASLI, L.P., a California limited liability company
c/o Oliver R. McElroy, CPA
Oliver R. McElroy, as Trustee of the
McElroy Family Trust
Oliver R. McElroy and Karen H. deLaurier, as Co-Trustees of the OK Trust
dated 9/29/04
Robert White
Gary Greenberg, Trustee
Gary L. Greenberg, DDS PC Defmed Benefit Pension Plan
106966.000010/465378.07
EXHIBIT A
To
City of Chula Vista Disclosure Statement
Application Appendix B
William B. and Judith L. Feinberg, as Co-Trustees of the Feinberg Family Trust
Ian Stuart, as Trustee of The Stuart Family Trust V/ A dated 9/112000
Carol G. and Morton R. Goodman, as Co-Trustees of The Goodman Family Trust
dated April 23, 1986
Samuel Nathan Fischer, as Trustee of the Fischer Family Trust of 1991
Stuart and Jill Koenig, husband and wife
RES-SD Investors, a California general partnership
Paul and Stacy Jacobs, as Co-Trustees
The Paul and Stacy Jacobs Family Trust dated 5/3/00
Craig A. Ramseyer
Craig Sapin
John D. Tishler, Trustee
John D. Tishler Trust dated January 29, 2003
Steven J. Untiedt
Arnold G. and Esther Fischer, as Co-Trustees of the Arnold G. & Esther Fischer Family Trust
DTD 12/19/83, as amended
Lawrence M. Cushman
Randall S. and Karin J. Leavitt, husband and wife, as joint tenants with right of survivorship
Lainer Too, LLC, a California limited liability company
Sheldon Greenberg, as Trustee of the
Sheldon Greenberg Insurance Trust dated 1976
Howard Greenberg, as Trustee of the
Greenberg Inter-Vivos Trust
Hal and Debby Jacobs, husband and wife, as joint tenants with right of survivorship
A-2
106966.000010/465378.07
EXHIBIT A
To
City ofChuIa Vista Disclosure Statement
Application Appendix B
William A. Waite, as Trustee of the
William A. Waite Trust dated 12/15/81
Jeff and Deni Jacobs, husband and wife, as joint tenants with right of survivorship
Sun State LLC, a California limited liability company
Arturo and Claris Levin, as Co-Trustees
of the Levin Family Trust dated 12/14/02
Mina Levin
Bill Levin
Roberto Levin and Julie Levin, as Trustees of the Roberto and Julie Levin Trust
dated July 23, 2004
Eric B. Shwisberg
Regan R. Tully
Michael A. V ogt
Frank G. and Candice Trovato, as Co-Trustees of the Trovato Family Trust dated 10/25/2000
Herbert R. and Ludivina G. V ogt, as Co-Trustees of the V ogt Family Trust UDT
dated 7/10/1985
Class B Units
Eric B. Shwisberg
Regan R. Tully
Michael A. Vogt
A-3
106966.000010/465378.07
(
(
em OF
CHUIA VISfA
PI ann ng & Building Department
Planning Division I Development Processing
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, plior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other offlclal bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following Information
must be disclosed: -
1. List the names of all persons having a financial interest In the property that Is the subject of the application or the
contract. e.g., owner, appilcant, contractor, subcontractor, material supplier.
Eastlake Design District, LLC Dobson's Bar & Restaurant
a California limited liahility company
2. If any person*identlfied pursuant to (1) above is a corporation or partnershlp,lIst the names of all Individuals with
a $2000 Investment In the business (corporation/partnership) entity.
See Exhibit A attached
3. If any person* Identified pursuant to (1) above Is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficlary or trustor of the trust.
See Exhibit A attached
4. Please Identify every person, Including any agents, employees, consultants. or independent contractors you have
assigned to represent you before the City In this matter.
5. Has any person. associated with this contract had any financial dealings with an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No-L
If Yes. briefly describe the nature of the flnanclallnterest the officlal*. may have In this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chura Vista City Council? No _ Yes X If yes, which Council member?
????
276 Fourth Avenue
Chula Vista I California
91910
(619) 691-5101
(
(
Plann ng & Building Department
Planning Division I Development Processing
APPUCATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided mora than $340 (or an nem of equivalent value) to an official" of the City of Chula Vista in the
past twelve (12) months? (This Includes being a source of Income, money to retire a legal debt, gift, loan, etc.)
Yes _ No.4-
If Yes, which official" and what was the nature of Item provided?
Date:
//-(7 ~t1,h
.
.
Print or
e ame of Con ctor/Appllca Michael A. V ogt
Eastlake Design DIstrict LLC, a alifomia limited liability company
Person Is defined as: any IndMdual, firm, co-partnershlp, JoInt venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or othar
political subdMslon, -or any other group or combination acting as a unn.
Offlclal Includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
..
276 fourth Avenue I Chula Vista I California I 91910
(619) 691-5101
(
(
EXHIBIT A
To
City of Chula Vista Disclosure Statement
Applicatiou Appendix B
Class A Units:
EDD 2004 Partners,a California general partnership
Attn: Kenneth G. Weimer
Ted Levenson and Carol A. Lohiser Levenson, as Trustees of the Levenson Living Trust dated March 22, 2004
David J. and Julie K. Piper, as Co-Trustees of The Piper Family Trust
dated 4/23/02
Robert G. Russell, Jr.
First Regional Bank, Custodian FBO Richard Brooks IRA #2402
Stacy Renee Fischer and Ronney Brent Robinson, as Co-Trustees of The Stacy and Ron Robinson Living Trust
dated February 11, 1998
Greg and Kathy Abell, as Co-Trustees
of the Abell Family Trust
Jeff and Janie Stoke, husband and wife
Steve Strauss and Lise Wilson, as Trustees of the Wilson-Strauss Trust V/D/T/ 12/8/92
ASLI, L.P., a California limited liability company
c/o Oliver R. McElroy, CPA
Oliver R. McElroy, as Trustee of the
McElroy Family Trust
Oliver R. McElroy and Karen H. deLaurier, as Co-Trustees of the OK Trust
dated 9/29/04
Robert White
Gary Greenberg, Trustee
Gary L. Greenberg, DDS PC Defined Benefit Pension Plan
William B. and Judith L. Feinberg, as Co-Trustees of the Feinberg Family Trust
Ian Stuart, as Trustee of The Stuart Family Trust V/A dated 9/1/2000
Carol G. and Morton R. Goodman, as Co-Trustees of The Goodman Family Trust
dated April 23, 1986
Samuel Nathan Fischer, as Trustee of the Fischer Family Trust of 1991
Stuart and Jill Koenig, husband and wife
RES-SD Investors, a California general partnership
Paul and Stacy Jacobs, as Co-Trustees
The Paul and Stacy Jacobs Family Trust dated 5/3/00
Craig A. Ramseyer
Craig Sapin
;
I
EXHIBIT A - (oa!!e 2)
To
City orChula Vista Disclosure Statement
Application Appendix B
John D. Tishler, Trustee
John D. Tishler Trust dated January 29, 2003
Steven J. Untiedt
Arnold G. and Esther Fischer, as Co-Trustees of the Arnold G. & Esther Fischer Family Trust DTD 12/19/83, as
amended
Lawrence M. Cushman
Randall S. and Karin J. Leavitt, husband and wife, as joint tenants with right of survivorship
Lainer Too, LLC, a California limited liability company
Sheldon Greenberg, as Trustee of the
Sheldon Greenberg Insurance Trust dated 1976
Howard Greenberg. as Trustee of the
Greenberg Inter-Vivos Trost
Hal and Debby Jacobs, husband and wife, as joint tenants with right of survivorship
William A. Waite, as Trustee of the
William A. Waite Trust dated 12/15/81
Jeff and Deni Jacobs, husband and wife, as joint tenants with right of survivorship
Sun State LLC, a California limited liability company
Arturo and Claris Levin, as Co-Trustees
ofthe Levin Family Trust dated 12/14/02
Mina Levin
Bill Levin
Roberto Levin and Julie Levin, as Trustees of the Roberto and Julie Levin Trust
dated July 23, 2004
Eric B. Shwisberg
Regan R. Tully
Michael A. V ogt
Frank G. and Candice Trovato, as Co-Trustees of the Trovato Family Trust dated 10/2512000
Herbert R. and Ludivina G. Vog!, as Co-Trustees ofthe Vog! Family Trust UDT
dated 7/10/1985
Class B Units
Eric B. Shwisberg
Regan R. Tully
Michael A. Vogt