HomeMy WebLinkAboutEIR 90-07 L_ : ~ i
_ PLANNING COMMISSION RESOLUTION N0. EIR-90 7 (B)jPCC-90-35
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CHULA VISTA RECOMMENDING ~
TO THE CITY COUNCIL THE IMPOSITION OF
CONDITIONS FOR THE GRANTING OF, AND THE '
GRANTING OF AN UNCLASSIFIED/CONDITIONAL
USE PERMIT PURSUANT TO SECTION 19.54.020 !
TO THE MUNICIPAL CODE, RECOMMENDING THE I
MAKING CEQA FINDINGS, RECOMMENDING THE
APPROVAL OF A STATEMENT OF OVERRIDING
CONSIDERATIONS, RECOMMENDING THE
ADOPTION OF A MITICt~'.`ION MONITORING
PROGRAM, FINDING CONSISTENCY WITH THE
GENERAL PLAN AND THE REDEVELOPMENT PLAN,
AND MAKING CUP FINDINGS. '
WHEREAS, the property which is the subject matter of
this permit is a rectangular area of land approximately 13.6
acres bounded on the south by H Street, on the east by the ~I
eastern boundary of parcel commonly known as C4
s5 H Street 'i
(the parcel on which the existing Scripps Hospital is
currently located), on the west by 5th Avenue, and on the !
north by the southern boundary of the parcel on which the
Chula Vista Junior High School is located, commonly known as '
415 Fifth Avenue, and is diagrammatically presented in
Figure 5 of the Final Environmental Impact Report, Scripps
Memorial Hospital Expansion, EIR 90-07 ("FEIR"), a copy of
which may be attached hereto as Exhibit A ("Property") and '
if attached, as the area with the bolded territory
designated thereon; and,
WHEREAS, in conjunction with a plan for the expansion '
of their existing hospital facility currently located on a '
portion of the Property (to wit: 435 H Street), Scripps '
Memorial Hospital ("Scripps") has filed an application I
("Application") with the City for the right to use the
entire Property for a hospital campus containing the
existing hospital and an expanded hospital, as well as !
related medical facilities such as one or more medical
office buildings and surface and structured parking, all as
more fully set out in the proposed Scripps Hospital owner '
Participation Agreement ("OPA") and that Application
("Proposed Use") on file with the Director of the Planning;
and,
WHEREAS, pursuant to Chula Vista Municipal Code Section '
19.54.020 (H), the proposed hospital use of the Property is
an unclassified use as listed in Chapter 19.54; and
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Paqe 1
1
accordingly, may be allowed by the issuance of a conditional
use permit; and,
WHEREAS, the Planning Commission did, on or about
November 6, 1991, conduct a duly noticed and held public
hearing at which it considered Scripps' Application; and, i
Now, therefore, the Planning Commission of the City of
Chula Vista does hereby find, determine, resolve and order
as follows:
1. EIR Compliance with CEQA.
The Planning Commission has reviewed and considered EIR
No. 90-07, the environmental impacts therein identified by ~
the project, the candidate findings attached hereto as
Exhibit B the proposed mitigation measures contained
therein, the Statement of Overriding Considerations attached
hereto as Exhibit D, and has found, by the adoption of a
Planning Commission Resolution No.EIR-90-07,(A}hat EIR No. 90-
07 was prepared in accordance with the requirements of CEQA
and guidelines promulgated thereunder.
2. Grant of Use Permit on Conditions.
The Planning Commission recommends to the City Council
that they grant and permit the Property to be put to the
Proposed Use on the following terms and conditions:
a. Environmental Impact Mitigation Measures
Implemented. II
All environmental impact mitigation measures
("EIMM") in the nature and to the extent attached hereto as
Exhibit A shall be implemented, and Applicant's continued ,
right to use the Property in the manner herein permitted
shall be conditioned on the continued maintenance of all i
such EIMM. j
I
b. Compliance with OPA.
The Scripps Owners Participation Agreement, dated
November 7, 1991, between the Agency and Scripps be approved
by the City Council, and upon approval, Scripps shall be
required to perform all covenants and promises therein
contained required of Scripps by said OPA, and Applicant's
continued right to use the Property in the manner herein
permitted shall be conditioned on the continued performance
of all executory obligations therein contained.
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Page 2
2
c. Other Conditions
1. Under Section 19.58.360,,the zoning wall
should not be required along the north property line of the
subject site.
2. Future land uses, other than hospital
administrative offices, for the existing hospital tower
shall comply with the parking requirements of the Zoning
ordinance.
3. This permit shall be subject to any and
all new, modified, or deleted conditions imposed after
adoption of this resolution advance a legitimate
governmental interest related to health, safety or welfare
which the City shall impose after advance written notice to
the permittee and after the City has given to the permittee
the right to be heard with regard thereto. However, the
City, in exercising this reserved right to condition the
project may not impose a substantial expense or deprive
Permittee of a substantial revenue source which the
Permittee can not, in the oral operation of the use permit,
be expected to economically recover.
d. "Project" as described in EIR Implemented.
The project, as same is described in EIR No. 90-
07, except as same is required to be mitigated by the EIMM
approved by this Resolution or otherwise conditioned as
herein provided, shall be implemented and maintained by
Scripps.
3. Consistency with the General Plan
The proposed Project is consistent with the General
Plan for the following reasons:
A. This Property is within the Urban Core Area.
The General Plan, at page 1-33, defines the goals and
objectives of the Plan with regard to the Urban Core: "In
the future this area will expand both the concentration and
diversity of facilities continuing to reinforce its role as
the urban core of the city."
B. The General Plan, in Figure 10-1, at page 10-
11, labeled: "Majoring Existing and Potential Facilities in
the Urban Core," recognizes the Scripps Hospital as an
existing use in the vicinity of Fourth Avenue. Furthermore,
it is a goal and objective of Urban Core planning that
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Page 3
3
_ _ _ _ _ _
"the activities in the urban core are complimentary and
mutually reinforcing." Page 10-50, General Plan.
It is provided in the General Plan, at Page 10-3
and 10-4, under the heading, "Proposed Land Use," that,
"Primary elements of proposed land use are
revitalization of Town Centre II The Scripps Hospital
expansion area is within the Town Centre II Redevelopment
Area, and this project would provide a revitalization of
said area. It is therefore consistent with this goal of the
General Plan.
i
It is provided in the General Plan, at Page 10-6
and 10-7, in a discussion of the y;~>als and objectives for
the Central Chula Vista Area, under the heading, "GOAL 1.
URBAN GROWTH AND CHANGE", that "Central Chula Vista and the
Urban Core in particular are likely to continue to undergo
transition from lower density to higher density activities
and through introduction of new and redeveloped commercial
and employment uses...Other changes will occur as part of
planned development and redevelopment efforts such as
Town Centres I and II. Through such changes, it is the goal
of Chula Vista to foster the vitality and preeminence of
Central Chula Vista and the Urban Core in particular as the
downtown and focus of the city." The Scripps Hospital
expansion proposal is a higher density use, and is a
redeveloped employment use. It is a change that will occur
as part of a planned redevelopment effort in Town Centre II.
The expansion of this hospital will foster the vitality and
preeminence of Central Chula Vista as the downtown and focus
of the city. Therefore, the proposed Project is consistent
with this goal of the General Plan.
It is provided in the General Plan, at Page 10-7,
in a discussion of the goals and objectives for the Central
Chula Vista Area, under the heading, "GOAL 1. URBAN GROWTH
AND CHANGE", and under the subheading 10-7 "Objective 4",
that the city will, "Promote the consolidation of small lots
and redevelopment of comprehensively planned and designed
commercial and residential projects." The Scripps Hospital
expansion proposal would consolidate small lots into a
comprehensively planned project. Therefore, the proposed
Project is consistent with this goal of the General Plan.
It is further provided in the General Plan, at
Page 10-12, in a discussion of the Chula Vista Shopping
Center to the south of the Project, that "the expansion of
Town Centre II covers ten additional sites in the Central
Chula Vista area all located west of Fourth Avenue. These
include properties that have deteriorated. They are
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Page 4
4
c. Other Conditions
1. Under Section 19.58.360,, the zoning wall
should not be required along the north property line of the
subject site.
2. Future land uses, other than hospital
administrative offices, for the existing hospital tower
shall comply with the parking requirements of the Zoning
Ordinance.
3. This permit shall be subject to any and
all new, madified, or deleted conditions imposed after
adoption of this resolution ~r advance a legitimate
governmental interest related to health, safety or welfare
which the City shall impose after advance written notice to
the permittee and after the City has given to the permittee
the right to be heard with regard thereto. However, the
City, in exercising this reserved right to condition the
project may not impose a substantial expense or deprive
Permittee of a substantial revenue source which the
Permittee can not, in the oral operation of the use permit, i
be expected to economically recover. ~
d. "Project" as described in EIR Implemented.
The project, as same is described in EIR No. 90-
07, except as same is required to be mitigated by the EIMM
approved by this Resolution or otherwise conditioned as
herein provided, shall be implemented and maintained by
Scripps.
3. Consistency with the General Plan
The proposed Project is consistent with the General
Plan for the following reasons:
A. This Property is within the Urban Core Area.
The General Plan, at page 1-33, defines the goals and
objectives of the Plan with regard to the Urban Core: "In
the future this area will expand both the concentration and
diversity of facilities continuing to reinforce its role as
the urban core of the city."
B. The General Plan, in Figure 10-1, at page 10-
11, labeled: "Majoring Existing and Potential Facilities in
the Urban Core," recognizes the Scripps Hospital as an
existing use in the vicinity of Fourth Avenue. Furthermore,
it is a goal and objective of Urban Core planning that
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Page 3
3
"the activities in the urban core are complimentary and
mutually reinforcing." Page 10-10, General Plan.
It is provided in the General Plan, at Page 10-3
and 10-4, under the heading, "Proposed Land Use," that,
"Primary elements of proposed land use are
revitalization of Town Centre II The Scripps Hospital
expansion area is within the Town Centre II Redevelopment
Area, and this project would provide a revitalization of
said area. It is therefore consistent with this goal of the
General Plan.
I
It is provided in the General Plan, at Page 10-6
and 10-7, in a discussion of the Fc?a].s and objectives for
the Central Chula Vista Area, under the heading, "GOAL 1.
URBAN GROWTH AND CHANGE", that "Central Chula Vista and the
Urban Core in particular are likely to continue to undergo
transition from lower density to higher density activities
and through introduction of new and redeveloped commercial
and employment uses...Other changes will occur as part of 1
planned development and redevelopment efforts such as li
Town Centres I and II. Through such changes, it is the goal
of Chula Vista to foster the vitality and preeminence of
Central Chula Vista and the Urban Core in particular as the i
downtown and focus of the city." The Scripps Hospital
expansion proposal is a higher density use, and is a
redeveloped employment use. It is a change that will occur
as part of a planned redevelopment effort in Town Centre II.
_ The expansion of this hospital will foster the vitality and
preeminence of Central Chula Vista as the downtown and focus
of the city. Therefore, the proposed Project is consistent
with this goal of the General Plan.
It is provided in the General Plan, at Page 10-7,
in a discussion of the goals and objectives for the Central
Chula Vista Area, under the heading, "GOAL 1. URBAN GROWTH
AND CHANGE", and under the subheading 10-7 "Objective 4",
that the city will, "Promote the consolidation of small lots
and redevelopment of comprehensively planned and designed
commercial and residential projects." The Scripps Hospital
expansion proposal would consolidate small lots into a
comprehensively planned project. Therefore, the proposed
Project is consistent with this goal of the General Plan.
It is further provided in the General Plan, at
Page 10-12, in a discussion of the Chula Vista Shopping
Center to the south of the Project, that "the expansion of
Town Centre II covers ten additional sites in the Central
Chula Vista area all located west of Fourth Avenue. These
include properties that have deteriorated. They are
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Page 4
4
_
PLANNING COMMISSION RESOLUTION N0. EIR-90 7 (B)%PCC-90-s5
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CHULA VISTA RECOMMENDING
TO THE CITY COUNCIL THE IMPOSITION OF
CONDITIONS FOR THE GRANTING OF, AND THE
GRANTING OF AN UNCLASSIFIED/CONDITIONAL '
USE PERMIT PURSUANT TO SECTION 19.54.020
TO THE MUNICIPAL CODE, RECOMMENDING THE
MAKING CEQA FINDINGS, RECOMMENDING THE
APPROVAL OF A STATEMENT OF OVERRIDING
CONSIDERATIONS, RECOMMENDING THE
ADOPTION OF A MITItx1';'a'ION MONITORING
PROGRAM, FINDING CONSISTENCY WITH THE
GENERAL PLAN AND THE REDEVELOPMENT PLAN,
AND MAKING CUP FINDINGS.
WHEREAS, the property which is the subject matter of
this permit is a rectangular area of land approximately 13.6 '
acres bounded on the south by H Street, on the east by the
eastern boundary of parcel commonly known as (435 H Street
(the parcel on which the existing Scripps Hospital is
currently located), on the west by 5th Avenue, and on the
north by the southern boundary of the parcel on which the
Chula Vista Junior High School is located, commonly known as
415 Fifth Avenue, and is diagrammatically presented in
Figure 5 of the Final Environmental Impact Report, Scripps
Memorial Hospital Expansion, EIR 90-07 ("FEIR"), a copy of
which may be attached hereto as Exhibit A ("Property") and
if attached, as the area with the bolded territory
designated thereon; and,
i
WHEREAS, in conjunction with a plan for the expansion
of their existing hospital facility currently located on a
portion of the Property (to wit: 435 H Street), Scripps
Memorial Hospital ("Scripps") has filed an application
("Application") with the City for the right to use the
entire Property for a hospital campus containing the
existing hospital and an expanded hospital, as well as
related medical .facilities such as one or more medical
office buildings and surface and structured parking, all as
more fully set out in the proposed Scripps Hospital Owner
Participation Agreement ("OPA") and that Application
("Proposed Use") on file with the Director of the Planning; '
and,
WHEREAS, pursuant to Chula Vista Municipal Code Section '
19.54.020 (H), the proposed hospital use of the Property is '
an unclassified use as listed in Chapter 19.54; and
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Page 1
1
accordingly, may be allowed by the issuance of a conditional
use permit; and,
WHEREAS, the Planning Commission did, on or about
November 6, 1991, conduct a duly noticed and held public
hearing at which it considered Scripps' Application; and,
Now, therefore, the Planning Commission of the City of
Chula Vista does hereby find, determine, resolve and order
as follows:
1. EIR Compliance with CEQA.
The Planning Commission has reviewed and considered EIR
No. 90-07, the environmental impacts therein identified by
the project, the candidate findings attached hereto as
Exhibit B the proposed mitigation measures contained
therein, the Statement of Overriding Considerations attached
hereto as Exhibit D, and has found, by the adoption of
Planning Commission Resolution No.EIR-90-07,(A{hat EIR No. 90-
07 was prepared in accordance with the requirements of CEQA
and guidelines promulgated thereunder.
2. Grant of Use Permit on Conditions.
The Planning Commission recommends to the City Council
that they grant and permit the Property to be put to the
Proposed Use on the following terms and conditions:
I
a. Environmental Impact Mitigation Measures
Implemented.
All environmental impact mitigation measures
("EIMM") in the nature and to the extent attached hereto as
Exhibit A shall be implemented, and Applicant's continued
right to use the Property in the manner herein permitted
shall be conditioned on the continued maintenance of all
such EIMM.
b. Compliance with OPA.
The Scripps Owners Participation Agreement, dated
November 7, 1991, between the Agency and Scripps be approved
by the City Council, and upon approval, Scripps shall be
required to perform all covenants and promises therein
contained required of Scripps by said OPA, and Applicant's
continued right to use the Property in the manner herein
permitted shall be conditioned on the continued performance
of all executory obligations therein contained.
scrpcupp.wp Planning Commission Reso re Scripps CUP
~ October 31, 1991 Page 2
2
c. Other Conditions
1. Under Section 19.58.360,, the zoning wall
should not be required along the north property line of the
subject site.
2. Future land uses, other than hospital
administrative offices, for the existing hospital tower
shall comply with the parking requirements of the Zoning
Ordinance.
I
3. This permit shall be subject to any and
all new, modified, or deleted conditions imposed after
adoption of this resolution advance a legitimate
governmental interest related to health, safety or welfare ~
which the City shall impose after advance written notice to ~
the permittee and after the City has given to the permittee
the right to be heard with regard thereto. However, the
City, in exercising this reserved right to condition the
project may not impose a substantial expense or deprive ~'I
Permittee of a substantial revenue source which the
Permittee can not, in the oral operation of the use permit,
be expected to economically recover.
I
d. "Project" as described in EIR Implemented.
The project, as same is described in EIR No. 90- ~I
07, except as same is required to be mitigated by the EIMM
approved by this Resolution or otherwise conditioned as
herein provided, shall be implemented and maintained by
Scripps.
3. Consistency with the General Plan
The proposed Project is consistent with the General
Plan for the following reasons:
A. This Property is within the Urban Core Area.
The General Plan, at page 1-33, defines the goals and
objectives of the Plan with regard to the Urban Core: "In
the future this area will expand both the concentration and
diversity of facilities continuing to reinforce its role as
the urban core of the city."
B. The General Plan, in Figure 10-1, at page 10-
11, labeled: "Majoring Existing and Potential Facilities in
the Urban Core," recognizes the Scripps Hospital as an
existing use in the vicinity of Fourth Avenue. Furthermore,
it is a goal and objective of Urban Core planning that
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Page 3
3
"the activities in the urban core are complimentary and
mutually reinforcing." Page 10-10, General Plan.
- It is provided in the General Plan, at Page 10-3
and 10-4, under the heading, "Proposed Land Use," that,
"Primary elements of proposed land use are .
revitalization of Town Centre II The Scripps Hospital
expansion area is within the Town Centre II Redevelopment
Area, and this project would provide a revitalization of
said area. It is therefore consistent with this goal of the
General Plan.
It is provided in the General Plan, at Page 10-6
and 10-7, in a discussion of the ga~al.s and obje~.tives for I
the Central Chula Vista Area, under the heading, "GOAL 1.
URBAN GROWTH AND CHANGE", that "Central Chula Vista and the
Urban Core in particular are likely to continue to undergo
transition from lower density to higher density activities
and through introduction of new and redeveloped commercial
and employment uses...Other changes will occur as part of
planned development and redevelopment efforts such as
Town Centres I and II. Through such changes, it is the goal
of Chula Vista to foster the vitality and preeminence of
Central Chula Vista and the Urban Core in particular as the
downtown and focus of the city." The Scripps Hospital
expansion proposal is a higher density use, and is a
redeveloped employment use. It is a change that will occur
as part of a planned redevelopment effort in Town Centre II.
The expansion of this hospital will foster the vitality and
preeminence of Central Chula Vista as the downtown and focus
of the city. Therefore, the proposed Project is consistent
with this goal of the General Plan.
It is provided in the General Plan, at Page 10-7, i
in a discussion of the goals and objectives for the Central
Chula Vista Area, under the heading, "GOAL 1. URBAN GROWTH
AND CHANGE", and under the subheading 10-7 "Objective 4",
that the city will, "Promote the consolidation of small lots
and redevelopment of comprehensively planned and designed j
commercial and residential projects." The Scripps Hospital
expansion proposal would consolidate small lots into a
comprehensively planned project. Therefore, the proposed
Project is consistent with this goal of the General Plan.
It is further provided in the General Plan, at
Page 10-12, in a discussion of the Chula Vista Shopping
Center to the south of the Project, that "the expansion of
Town Centre II covers ten additional sites in the Central
Chula Vista area all located west of Fourth Avenue. These
include properties that have deteriorated. They are
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Page 4
4
expected to be subject to redevelopment individually as
warranted by market conditions and opportunities, in
accordance with the general plan." The Scripps Hospital
- expansion proposal would occur in an area which has
deteriorated. It is warranted by the opportunity provided
by Scripps Hospital, which wishes to expand. Therefore, the
proposed Project is consistent with this goal of the General
Plan.
From the recognition in the General Plan that '
Scripps is a major existing facility, taken together with
its complimentary and mutually reinforcing role as a
supplier of shoppers and users of other urban core services,
and taken in conjunction with '[;.he goal of permitting the
urban core to "expand both the concentration and diversity
of facilities", the goal of the revitalization of the Town
Centre II area, the goal of achieving a higher density use
and redeveloped employment use, the goal of lot
consolidation into a comprehensively planned project, and
the goal of advancing redevelopment as serious opportunity
presents itself, the Decisionmaker's find that the proposed
expansion of the Scripps Hospital is consistent with the
urban core goals and objectives.
C. The Land Use Element recognizes that the
General Plan Map is not drawn with survey-like precision:
"The land use plan is a graphic expression of the
general plan's land use objective and plan proposals.
The diagram is not intended to be a precise map of the
city, but a generalized expression of patterns of land i
use, circulation and public services.
"In particular, the plan should not be relied upon to
resolve issues of exact scale and distance. The
boundaries of specific land use areas require
interpretation with respect to underlying topographic
features, environmental characteristics and existing
land use." See General Plan,. Page 1-16.
The General Plan uses the "bubble concept" of
planning--that is, that a particular designation may expand
or contract with the future needs and demands on existing
land uses. Thus, the exact boundaries of that portion of
the General Plan designating "retail commercial" in the
vicinity of the Project are considered by the Plan to be
flexible based on environmental characteristics and existing
land use. The
immediate land use to the east of the Project, on which the
hospital is currently located, is planned for Professional
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Page 5
5
and Administrative Commercial. It is consistent with the
bubble planning concept of the General Plan that this
professional and administrative use, to wit--the hospital
existing use--may expand westerly to the Project area..
D. The Land Use Element of the General Plan is
not the only criteria by which to judge consistency with the
General Plan. In fact, the General Plan contemplates that
other goals and objectives may override the land use
designation, as follows:
i
"The inclusion of a use in a category does not
necessarily mean that it is permitted in all areas
°vahere that category is shown an the land use playa.
Also, the uses which are permitted in a particular area
are not limited to those examples listed in the
category. The city may determine that other uses,
similar in nature, can be permitted in a particular
area if other general plan requirements are satisfied
and the use satisfactorily addresses the following:
Compatibility with other uses
Circulation capacity-
Urban design/site planning objectives
Availability of services
Environmental preservation
.The description [of a land use category) is meant
to.be suggestive of examples, but not intended to be ~
exclusive of other possibilities. Creativity and
excellence in planning and design are expected and
shall be consistent with the objectives and policies of
the general plan." See the Land Use Element, at page
1-11, in the section entitled: "4. Land Use
Categories".
i
The Hospital Expansion Project is compatible with the i
adjacent hospital use on the existing (Eastern Acreage")
site. As the EIR indicates, the proposed Expansion Project ~
will have sufficient circulation capacity, especially as
mitigated. It is an announced urban core objective to
permit a variety of mixed uses in the urban core and to
permit the expansion of existing public and quasi-public
facilities. All necessary public services, including
police, fire, water, sewer, gas, electricity, transportation
routes, etc., are readily available to the proposed
Expansion Project. Most all of the current environmental
conditions will be preserved by the proposed project.
Furthermore, the proposed use does not violate any other of
the goals and objectives of the General Plan.
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Page 6
6
Therefore, all other general plan requirements have
been satisfied, and the proposed use satisfactorily
addresses the areas of concern specified by the General
Plan. The General Plan contemplates the latitude of the
City to deviate as of right from a particular Land Use'
Element designation in order to satisfy the broader goals
and objectives of the plan. Such actions are entirely
consistent with the Plan, and are implemented by the
issuance of the Conditional Use Permit.
4. Consistency with the Redevelopment Plan
The proposed Project is consistent with the
Redea~:loptz~err~ PlarZ for c.~ze following reasons:
1. The Concept of Land Use. Designations and
Consistency is borrowed from the General Plan.
A. The Redevelopment Plan designation of
Retail Commercial for this Site was adopted after the
General Plan designation of Retail Commercial for this site.
The land use syntax used therein was borrowed from, and
intended to be consistent with, the words describing those
concepts as set forth in the General Plan. The concept of
consistency with such land use designations was similarly
borrowed from the General Plan.
2. The Use is Consistent with the General Plan. '
As discussed in the preceding section of this
resolution, the proposed Project is consistent with the
General Plan.
3. The Redevelopment Plan Contemplates the
Floating Expansion or Establishment of Hospital Uses. i~
The Redevelopment Plan, itself, contemplates the
exercise of the redevelopment power regardless of which land ~I
use designation is assigned to the. Property if it is done to
permit the expansion of such public or quasi-public uses as
hospitals. At page it of-.the Redevelopment Plan, Section '
600.6, the Plan provides:
"The Agency is authorized to permit the establishment
and expansion of public or quasi-public uses and
facilities, such as, but not limited to malls,
promenades, parades, vest-pocket parks, and_
transportation stations of facilities."
scrpcupp.wp Planning Commission Reso re Scripps CUP
October 31, 1991 Page 7
7
While a hospital is not a mall, promenades, etc.,
it is clearly identified as a public or quasi-public use in
the General Plan, page 1-15, "Public and Quasi-Public Uses."
Since the language on page 11 of the Redevelopment Plan is,
by its terms, not exclusive, the Decisionmaker(s) find that
a hospital is a public or quasi-public use.
Hence, the Plan gives the Agency the overriding
right to redevelop in order to permit expansion or
establishment of public uses despite the land use
designations.
Furthermore, the Preface to the adoption of the
Redeveic;j~zcidc.~~ Plan, Page 2 of Town Centre No. II Project
Area Redevelopment Plan (Amended), states the redevelopment
intent with regard to the Urban Core is to provide medical
services, and provides: "Contrary to the typical 'bedroom'
image of similar cities in a major metropolitan area, Chula
Vista has the potential of developing a complete urban core .i
providing a wide range of retail goods; commercial and
medical services; recreational centers; library, courts and
civic facilities; churches, parks and residential options. ~
There is a need to coordinate these opportunities so that
they are able to compliment one another and truly benefit
the citizens of Chula Vista." ~
i
Accordingly, the Project is consistent, independent of
consideration of the General Plan, with the Redevelopment
Plan. The Proposed Use is consistent with the Town Centre
II Redevelopment Plan for the Project Area which, in the
land use element thereof, plans for the redevelopment of the
Property as Retail Commercial.
5. CEQA Findings and Statement of Overriding
Considerations.
a. Adoption of Findings.
The Planning Commission recommends that the City
Council approve, accept as its own, incorporate as if set ~
forth in full herein, and make each and every one of the ~
CEQA Findings attached hereto as Exhibit B.
b. Certain Mitigation Measures Feasible and
Adopted.
As more fully identified and set forth in Exhibit
B attached hereto, the Planning Commission does hereby
recommend to the Council that they find, pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section
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October 31, 1991 Page 8
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15091, that the mitigation measures described in the EIR are ~
feasible, and will become binding upon the City.
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c. Infeasiblity of Alternatives. i
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As set forth in Exhibit B attached hereto, the
Planning Commission recommends that the Council finds that
none of the proposed project alternatives set forth in the
Final EIR can feasibly and substantially lessen or avoid the
potentially significant adverse cumulative environmental j
effects that will not be substantially lessened or avoided
by the adoption of all feasible mitigation measures.
d. Adoption of Mitigation and Monitoring Program.
As required by Public Resources Code section
21081.6, the Planning Commission does hereby recommend that
the City Council adopt the mitigation monitoring and
reporting program ("Program") set forth in Exhibit C,
incorporated herein by reference. The Council hereby finds
the Program is designed to ensure that, during project
implementation, the Permittee/Project applicant, and any
other responsible parties, implement the Project components
and comply with the feasible mitigation measures identified
in the Findings.
e. Statement of Overriding Considerations.
Even after the adoption of all feasible mitigation
measures and alternatives, certain significant or potential-
ly significant adverse environmental effects caused by the
Project will remain. Therefore, the Planning Commission
recommends to the Council that they issue, pursuant to CEQA
Guidelines Section 15093 and as set forth in Exhibit D
attached hereto, a statement of overriding considerations
identifying the specific economic, social, and other
considerations that render that unavoidable significant
adverse environmental effect acceptable.
6. Unclassified/Conditional Use Permits Findings.
a. The Proposed Use will provide acute medical
care services to the members of the neighborhood and the '
community. Therefore, the Proposed Use at the particular
location is necessary or desirable to provide a service or
facility which will contribute to the general well being of
the neighborhood or community.
b. According to the FEIR, all but four .impact
categories-could be reduced to a level below significance
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October 31, 1991 Page 9
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with mitigation with the exception of water conservation due
to cumulative area wide impacts resulting from a region wide
drought condition, cumulative impacts due to school
overcrowding, potential secondary effects from relocation of
existing businesses, and visual quality. Therefore, the
Proposed Use will not, under the circumstances of this
particular case, be detrimental to the health, safety or
gAneral welfare of persons residing or working in the
vicinity, or injurious to property or improvements in the
vicinity.
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c. Section 19.54.020 (H) permit a hospital, in-
cluding, but not limited to, emergency care, to be conducted
in ~sny z~x~o Brach a conditional use permit. The Council has
considered the granting of this permit, and the conditions
on which it should be issued, by the adoption of this
resolution. Therefore, the Proposed Use will comply with
the regulations and conditions specified in-.the Chula Vista
Municipal Code for such use.
d. The Land Use Element of the General Plan
indicates that the City has planned the eastern 4.7 acres of
the Property for Office Commercial and the western 8.9 acres
of the Property for Retail Commercial. For the reasons set
forth above finding that the proposed use is consistent with
the General Plan, the City Council finds that the granting
of this conditional use will not adversely affect the gen-
eral plan of the City or the adopted plan of any government
agency. !i
7. Notice of Determination.
The Planning Commission recommends that the City
Council direct the City Clerk, after the City Council ap- ~
proves the OPA, to post a Notice of Determination, together
with a copy of this Resolution and its Exhibits, and all
resolutions passed by the City Council and the Agency with
regard to this project, in the office of the City Clerk, to
file such Notice with the County Clerk of San Diego County
and, in accordance with Public Resources Code Section 21152,
to cause such Notice to be posted in the County Clerk's
office. The Executive Director shall accomplish all of the
above notice requirements within five working days following ~
adoption of the Resolution formally approving the OPA.
8. Record of Proceedings.
That the Secretary of the Planning Commission shall
certify to the passage and adoption of this resolution;
shall cause the same to be entered in the book of original
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8. Record of Proceedings.
That the Secretary of the Planning Commission shall
certify to the passage and adoption of this resolution;
shall cause the same to be entered in the book of original
resolutions of said City; shall make a minute of the passage
and adoption thereof in the records of the proceedings of j
the Planning Commission of said City in the minutes of the
meeting at which the same is passed and adopted.
Passed, approved and adopted this 6th day of November,
1991 by the following vote: ~
AYES: Casillas, Decker, Fuller, Tugenberg,
Tuchscher
NAYES: Carson j
ABSENT: None
ABSTENTION: Martin
_ ,
Sus n Fuller, Chairperson
Planning Commission
City of Chula Vista,
California
Attest:
i ~ ~ //r
ahoy R ley,' Secrg> ary,
Planning Commissio~i
Chula Vista, California.
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