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HomeMy WebLinkAboutReso 1992-16702 RESOLUTION NO. 16702 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE EASTLAKE I GENERAL DEVELOPMENT PLAN AMENDMENT, EASTLAKE I SECTIONAL PLANNING AREA PLAN AMENDMENT (SPA), EASTLAKE I PUBLIC FACILITIES FINANCING PLAN (PFFP), EASTLAKE I ACTIVITY CENTER WATER CONSERVATION PLAN, EASTLAKE I ACTIVITY CENTER AIR QUALITY IMPROVEMENT PLAN, EASTLAKE I ACTIVITY CENTER PRECISE PLAN GUIDELINES, KAISER CONDITIONAL USE PERMIT, KAISER PRECISE PLAN, CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR EASTLAKE I/KAISER PERMANENTE WHEREAS, the area of land ("Amendment Area") which is the subject of this resolution consists of 71.8 acres located to the north of Otay Lakes Road/Telegraph Canyon Road, to the east of the proposed future State Route 125, and lying on both sides of EastLake Parkway and more particularly described as the "Project Area" and labeled as "MC-I", "VC-i", "V-2" and "E-IO" on Figure 2-7 on the "Proposed EastLake I SPA Land Use Plan" of the Final Supplemental Environmental Impact Report ("FSEIR") date June 12, 1992 (EIR # 92-01, SCH #92031049); and, WHEREAS, this resolution proposes to modify all phases of the development plan for the Amendment Area at two levels. The first would be the overall redesignation of land uses in the Activity Center (formerly referred to under the existing plan as the Village Center) and, secondly, the precise land uses for the Kaiser Permanente facility, currently referred to as the Medical Center. Those changes would be as follows: The land uses in the activity center would be modl fled to permit 17.3 acres of retail commercial as opposed to the currently approved 22.2 acres; the proposal would allow 6 acres of office commercial as opposed to the 12 acres as currently proposed; the proposal would eliminate 18 acres (405 dwelling units) of residential land area; the proposal would reduce the acreage of open space and public facility from 19.6 to 11.9; the proposal would add to the activity center 30.6 acres for medical center, 2 acres for employment, and 4 acres of community purpose facility district for a total of 71.8 acres. At build-out, the Kaiser Permanente facility would consist of a 439-bed hospital, 485,000 square feet of medical and administrative office, 35,000 square feet of a central utility plant, a large parking structure, and other surface parking; and, WHEREAS, in 1982 the EastLake I General Development Plan was originally adopted. In 1985 the EastLake I Sectional Planning Area Plan (SPA) was adopted and the EastLake I General Development Plan (GDP) was amended to reflect that approval. On September 12, 1989 an amendment was approved to allow the Salt Creek I project; and, WHEREAS, the FSEIR for this project (EIR-92-01) has been previously certified by the City Council of the City of Chula Vista by Resolution No. 16701 Resolution No. 16702 Page 2 adopted June 30, 1992 ("Certifying Resolution"); and, WHEREAS, the Resource Conservation Commission reviewed the Draft Supplemental Environmental Impact Report (EIR-92-01) on May 18, 1992, and recommended the certification of the EIR; and, WHEREAS, the Resource Conservation Commission, on May 18, 1992, reviewed the Air Quality Improvement Plan and Water Conservation Plan and recommended approval; and, WHEREAS, the Design Review Committee recommended conditional approval of the Kaiser Precise Plan (Exhibit 12 of the SPA Plan Amendment Notebook) (all references to numbered Exhibits herein contained shall be to the SPA Plan Amendment Notebook) on June 8, 1992; and, WHEREAS, the Planning Commission, having received certain evidence on June 3, 1992, and June 24, 1992, as set forth in the record of its proceedings and incorporated herein by reference as if set forth in full, made certain findings as set forth in their recommending Resolution Nos. PCM-92-02 and EIR-92-01 herein and recommended to the City Council the approval of said modifications based on certain terms and conditions; and, WHEREAS, a public hearing having been noticed in accordance with Council policy was scheduled before the City Council of the City of Chula Vista on the consideration of the EastLake I General Development Plan Amendment, EastLake I SPA Plan Amendment, EastLake I Public Facilities Financing Plan, EastLake I Activity Center Water Conservation Plan, EastLake I Activity Center Air Quality Improvement Plan, EastLake I Activity Center Precise Plan Guidelines, EastLake I Planned Community District Regulation Amendment, Kaiser Conditional Use Permit, Kaiser Precise Plan and Kaiser Development Agreement on June 30, 1992; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby determine, find, and resolve and orders as follows: I. PLANNING COMMISSION RECORD The proceedings before the Planning Commission consisting of a public hearing on the Draft Supplemental EIR held on June 3, 1992, and certification of the Final Supplemental EIR in public hearing on this project on June 24, 1992, and the unofficial minutes and resolutions resulting therefrom (Exhibit 1) are hereby incorporated into the record of this proceeding. II. COMPLIANCE WITH CEQA The City Council of the City of Chula Vista has reviewed and considered the Final Supplemental EIR-92-01 ("FSEIR"), the environmental impacts therein identified for this project, the Candidate CEQA Findings attached hereto as Exhibit 3-1, the proposed mitigation measures contained therein, the Mitigation Monitoring Program attached hereto as Exhibit 3-2, and the Statement of Overriding Considerations which is attached hereto as Exhibit 3-3. Resolution No. 16702 Page 3 The City Council, by approving the FSEIR, has found that it was prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR Guidelines, and the procedures of the City of Chula Vista. The Certifying Resolution is incorporated herein by reference. III. CONDITIONAL APPROVAL The City Council does hereby conditionally approve the following: EastLake I General Development Plan (Exhibit No. 4 , EastLake I SPA Plan Amendment (Exhibit 5), EastLake I Activity Center Precise Plan Guidelines (Exhibit 6), EastLake I Public Facilities Financing Plan {Exhibit 7), EastLake I Activity Center Air Quality Improvement Plan (Exhibit 9), EastLake I Activity Center Water Conservation Plan {Exhibit 10), Conditional Use Permit {Exhibit 11 "Site Plan - Phase I, II &III"), Kaiser Precise Plan {Exhibit 12}, CEQA Findings {Exhibit 3-1), Mitigation Monitoring Program (Exhibit 3-2), and the Statement of Overriding Considerations {Exhibit 3-3}. The above referenced Exhibits are incorporated herein by reference. The following conditions shall be implemented, and the applicants' continued right to use the Property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions: A. General Condition--Develop the Project as Approved. The overall project as described in the Final Supplemental Environmental Impact Report shall be developed without variance from the description and that to the extent the project describes the measures which will mitigate environmental impacts, the applicant shall implement those measures contemporaneously with the project. The planning and zoning permits listed above are subject to the following conditions: B. General Development Plan/Sectional Planning Area Plan Conditions 1. All environmental impact mitigation measures as identified in FSEIR-92-01, Candidate CEQA Findings for this project {Exhibit 3-1), and the Mitigation Monitoring Program (Exhibit 3-2) shall be implemented. 2. The EastLake I Public Facilities Financing Plan shall be followed and improvements installed in accordance with said plan, or as required to meet threshold standards adopted by the City of Chula Vista. In addition, the sequence that im- provements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan adopted by the City. The City may modify the sequence of improvement construction should conditions change to warrant such a revision, or the City may enter into a Development Agreement satfsfactory to the C~ty providing for w~thholding development. Resolution No. 16702 Page 4 3. Air Quality a. Prior to approval of a certificate of occupancy, the applicant shall demonstrate to the satisfaction of the City that air quality control measures outlined in the EastLake I Activity Center Air Quality Improvement Program have been implemented (Mitigation Measure 4.8.4.1). b. The grading permits shall be conditioned that once the hospital is constructed and occupied by patients, all major grading and site disturbance in the EastLake I SPA Amendment area south of the medical center should cease when the winds are from the south to the north. Construction should be stopped until the wind changes direction so as not to be blowing toward the hospital. The construction area should be watered down to minimize the potential for contaminants in the soil to become airborne. The City or its designated representative shall be responsible for issuing a cease order and authorizing grading to resume. As an option, but not as a requirement of this project, Kaiser Permanente could install an air filtration system to reduce particulate matter to meet State and Federal air quality standards (Mitigation Measure 4.8.4.2). c. Grading permits shall be conditioned to require that all primary project construction implement an aggressive program of construction dust control sufficient to meet the requirements of the San Diego County Air Pollution Control District {APCD}. The minimum content of such a program shall include: d. Apply sufficient water to all major soil disturbance areas to maintain a soil moisture of 4 percent in the upper 6" soil stratum. Other equally effective dust palliatives shall be used if drought conditions limit water avai 1 abi 1 i ty. e. Perform daily street sweeping at the conclusion of each workday up to a distance of 250 feet in either direction of any construction site access entrance until all on-site paving is completed. f. Wash off all trucks leaving the site and wet down or tarp any trucks hauling dirt away from the site. g. Double sandbag all site perimeters adjoining traveled roads from November to April to prevent dirt from washing off the site and being pulverized by passing vehicles. Resolution No. 16702 Page 5 h. Establish landscaping within 90 days of the completion of grading, or hydroseed with a native plant mix as an interim ground cover to minimize wind erosion. Irrigate as necessary to sustain ground cover. i. Terminate all grading, excavation and travel on unpaved surfaces when hourly average wind speeds exceed 30 mph. Wind speeds shall be monitored with an on-site wind sensor mounted in an unobstructed location. j. All primary project construction contractors shall encourage, unless required by APCD regulations, a traffic management program to reduce the number of employee or material delivery trips and to minimize conflict with regional transportation patterns. The elements of such a program shall include rideshare programs for workers, construction personnel parking off of EastLake Parkway and Otay Lakes Road, scheduled delivery of construction materials between 9 a.m. and 3 a.m., restriction of land closures to between g a.m and 3 a.m., completion of street sweeping/washing by 4 p.m. (Mitigation Measure 4.8.4.3). 4. Land Use a. Prior to issuance of any permits, the developer(s) shall obtain City Council approval of the proposed EastLake I General Development Plan and EastLake I SPA Plan amendment to permit a regional medical office center with supporting uses on the site (Mitigation Measure 4.1.4.1). 5. Traffic a. Unless a Development Agreement for the Kaiser Permanente Chula Vista Medical Center Conditional Use Permit otherwise provides and has a mechanism ensuring the thresholds are not violated, the City may withhold building permits for any units in the subject development if: {1) Regional development threshold limits set by the then current adopted Eastern Chul a Vista Transportation Phasing Plan have been reached, or (2} Level of service exceeds the threshold standards i n the then effective Growth Management Ordinance (Mitigation Measure 4.3.4.1). b, The d velop rs of the project hall pay Development Impact Fees, including the transportation component thereof, to mitigate the impacts discussed Resolution No. 16702 Page 6 herein (Mitigation Measure 4.3.4.2). c. Prior to issuance of a building permit for any building within the Village Center (VC-1), that takes access on, or is adjacent to, a needed improvement; or prior to the issuance of a building permit for Phase III of the Kaiser Permanente Chula Vista Medical Center, the following project-specific improvements shall be constructed or otherwise assured to the satisfaction of the City Engineer: (1) EastLake Parkway shall be widened to six lanes between Otay Lakes Road to north of Fenton Street; (2) improvements including traffic signals shall be made at the intersections of EastLake Parkway with Fenton Street and Miller Road, as illustrated on Figures 4-15 and 4-16 of the FSEIR and; (3) Otay Lakes Road shall be widened to eight lanes between EastLake Parkway and SR-125. Prior to the issuance of any building permit within the Village Center VC-2, sufficient right of way shall be set aside for the future widening of EastLake Parkway, unless the widening has already occurred due to development within Village Center VC-1 or the Kaiser Permanente Medical Center or unless the development takes access directly off EastLake Parkway. In this later case, EastLake Parkway shall be widened on the east side as a condition of the bull ding permit. Prior to issuance of a building permit for Phases I and II of the Kaiser Permanente Chula Vista Medical Center, additional widening on EastLake Parkway to provide an additional westbound right turn lane at Otay Lakes Road shall be constructed, or otherwise assured, to the satisfaction of the City Engineer {Mitigation Measure 4.3.4.3). d. The median on Otay Lakes Road between EastLake Parkway and SR-125 may be designed to allow for an interim mid- block traffic signal to allow access to adjacent properties on the north or south side of Otay Lakes Road. An interim period is defined as that period of time when the operating performance of the intersection of Otay Lakes Road and EastLake Parkway and/or the segment of Otay Lakes Road between EastLake Parkway and SR-125 meets the City's Threshold Standards. When those Threshold Standards are exceeded due to cumulative traffic volumes beyond those identified in the Adopted General Plan, it may be necessary to mitigate intersection and segment impacts by reconstructing the intersection to provide grade separation. If grade separation is required in the long-term, it may be necessary to remove the mod-block signal. Resolution No. 16702 Page 7 (Mitigation Measure 4.3.4.4). e. Prior to consideration of VC-1 or Phase III of the Kaiser Permanente Medial Center, environmental and traffic analyses shall be completed for the proposed circulation system modification to provide a link between Otay Lakes Road and Fenton Street at the SR-125 northbound off ramp intersection. This study shall show that all circulation thresholds are met or that there is an overall improvement in the circulation system in the vicinity of the project with the proposed link. If either of these findings can be made, the link may be approved. (Mitigation Measure 4.3.4.5). f. The Kaiser Permanente Medical Center is hereby conditioned to prohibit approval of the building permit for Phase III, unless the City is satisfied that adequate capacity exists to accommodate the additional traffic by one or any combination of the following means: (1) The applicant obtains a deferral agreement sufficient in the opinion of the City to obligate the holder of rights to previously approved development to not apply for building permits for development which has been included in the traffic study in this EiR for the Pre-SR-125 condition, provided that the City Manager or his designee agrees that subtracting the traffic impacts from such deferred development eliminates the significant traffic impacts of Phase identified for the Pre-SR-125 Condition; or (2) Additional traffic studies, which may review the actual traffic generation of Phase Z and Phase medical facilities, indicate that to the satisfaction of the City Manager or his designee, that adequate capacity exists to accommodate the additional Phase III traffic; or {3} Additional traffic studies, which establish "additional capacity" in the existing roadway system, indicate to the satisfaction of the City Council that adequate capacity exists to accommodate the additional Phase III traffic. This does not necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or {4} The "Approved Projects" assumptions of the City's Transportation Phasing Plan ("TPP") are revised Resolution No. 16702 Page 8 to show that adequate capacity exists to accommodate additional traffic. This does not necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or {5) Applicant and/or other developers implement transportation demand management measures which in the opinion of the City Manager or his designee will create adequate capacity to accommodate additional traffic. This does not necessarily mean that all additional traffic capacity will automatically be allocated to EastLake and/or the Kaiser Permanente Chula Vista Medical Center; or (6} Currently planned or assumed development within the eastern regions of the City are reduced or eliminated or any other facts or assumptions come to the attention of the City Manager or his designee indicating that adequate capacity exists to accommodate additional traffic; or {7} SR-125 or an acceptable interim facility has been assured. {Mitigation Measure 4.3.3.6} g. Prior to issuance of a building permit for Phase III of the medical center, the applicant may, at its option, submit an acceptable traffic study under the direction of a registered traffic engineer. This study may compare the actual trip generation rate based on the total trip count of the medical center or the Kaiser Zion facility and various other factors and assumptions used in the FSEIR and study and make recommendations with regard to what modifications, deletions, or additions to the road improvements, if any, will be necessary to accommodate Phase III traffic volumes. City will consider such study in determining what modifications, deletions or additions to the road improvements, if any, City will require to accommodate Phase III traffic volumes. (Mitigation Measure 4.3.4.7) h. If construction of SR-125 or an acceptable interim facility becomes a condition to the occupancy of Phase III under Mitigation Measure 4.3.4.6, then prior to issuance of any building permits for Phase III of the medical center, a Project Study Report shall be approved by Caltrans for the construction of a northbound on ramp and southbound off ramp on SR-125 at EastLake Parkway unless traffic studies indicate the ramps will not be required; then the Project Study Report is not required. Resolution No. 16702 Page 9 If the ramps are required as a result of the project study, construction of these ramps shall be completed, or financially assured to the satisfaction of the City Engineer and Caltrans, prior to issuance of a building permit for any building within Phase III. Financial assurance means any mechanism in place, either through a regional funding mechanism or payments by local development, that will guarantee that the funding is available to construct the improvements when required {Mitigation Measure 4.3.4.8}. 6. Hazardous Materials a. Prior to issuance of any grading permit, the applicant shall provide evidence to the City of Chula Vista that no pesticide contaminated soil would be moved or exposed during grading. Should contaminated soil be potentially encountered, an industrial hygienist shall be consulted to determine specific health and safety measures for onsite construction workers. The assessment should include soil sampling and analysis for the presence and/or concentration of chlorinated herbicides and pesticides {Mitigation Measure 4.5.4.1}. 7. Drainage a. Prior to issuance of a grading permit, a temporary maintenance program shall be established by the developer{s) to minimize the effects of soil erosion and debris. The program shall include temporary erosion control planning during construction in accordance with standards established by the City of Chula Vista such as the use of sandbags, silt fences, landscaping, and temporary desilting basins. Development of the subject project must comply with all applicable regulations established by the United States Environmental Protection Agency {EPA) as set forth in the National Pollutant Discharge Elimination System {NPDES} permit requirements for urban runoff and stormwater discharge. In addition, the developer shall be required to obtain an NPDES construction permit from the State Water Resources Control Board and to submit pollutant control and monitoring plans to the Regional Water Quality Control Board for approval prior to the issuance of grading permits {Mitigation Measure 4.6.4.1). b. Prior to issuance of a grading permit, onsite facilities for storm water collection shall be designed and constructed to handle 50-year peak discharges Resolution No. 16702 Page 10 (Mitigation Measure 4.6.4.2). c. Prior to issuance of building permits; fees shall be paid toward the Telegraph Canyon Channel drainage facility in accordance with the drainage fee program {Mitigation Measure 4.6.4.3). 8. Geology a. All improvements shall be in compliance with seismic design standards of the Uniform Building Code and requirements of local governing agencies {Mitigation Measure 4.7.4.1}. g. Water a. Prior to issuance of a building permit, the devel oper(s) shall agree to whatever city-wide water conservation or fee off-set program the City of Chula Vista has in effect at the time of issuance. In addition, the developer{s} shall implement the approved EastLake I Activity Center Water Conservation Plan {Mitigation Measure 4.10.4.1}. b. Prior to the issuance of a building permit, the developer shall comply with Otay Water District (OWD} fee policies or existing agreements with OWD relating to terminal storage {Mitigation Measure 4.10.4.2). 10. Sewer Prior to the issuance of a building permit, the developer shall satisfy the wastewater development fee obligation including current sewer capacity fees, as adopted by the City of Chula Vista, to fund trunk sewer and other upgrades identified by the City for the Telegraph Canyon Trunk Sewer (Mitigation Measure 4.10.4.3). 11. Fire Protection a. Prior to issuance of a building permit, a facility to adequately respond to fire emergencies shall be operational {Mitigation Measure 4.10.4.4}. b. The requirements of the EastLake I Public Facilities Finance Plan, EastLake I Activity Center Precise Plan Guidelines, EastLake I Activity Center Water Conservation Plan and the EastLake I Activity Center Air Quality Improvement Plan are hereby incorporated into the conditions of approval of the EastLake I SPA Plan Amendment {PCM-92-01}. Resolution No. 16702 Page 11 C. Conditional Use Permit Conditions The applicant for the Medical Center Use, to wit: Kaiser Hospitals, Inc., shall be permitted to use the 30.6 acres parcel identified in Exhibit 11, identified as {"Site Plan, Phases I, II and III, Kaiser Permanente Medical Center"} as a medical center on the following conditions which shall be implemented and the Applicant's continued right to use the Property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions: .1. Visual Quality a. Prior to issuance of a building permit for any phase of the medical center, the applicant shall submit final building and landscape plans which implement the architecture and landscape plans illustrated on the plans contained in the FSEIR and/or approved by the City's Design Review Committee {DRC). All required landscaping shall be in place prior to issuance of a certificate of occupancy for the first building in each phase of the medical center. {Mitigation Measure 4.2.4.1) 2. Air Quality a. Prior to approval of a certificate of occupancy, the applicant shall demonstrate to the satisfaction of the City that air quality control measures outlined in the EastLake I Activity Center Air Quality Improvement Program, including but not limited to im lementation of a Transportation Demand Management {TDM~ program among employees, have been implemented. {Mitigation Measure (4.8.4.4) b. The grading permit shall be conditioned to require that al 1 primary project construction implement an aggressive program of construction dust control sufficient to meet the requirements of the San Diego County APCD. The minimum content of such a program shall include: (1) Apply sufficient water to all major soil disturbance areas to maintain a soil moisture of 4 percent in the upper 6" soil stratum. Other quality effective dust palliatives shall be used if drought conditions limit water availability. (2) Perform daily street sweeping at the conclusion of each workday up to a distance of 250 feet in either direction of any construction site access entrance until all on-site paving is completed. (3) Wash off all trucks leaving the site and wet down Resolution No. 16702 Page 12 or tarp any trucks hauling dirt away from the site. (4) Double sandbag all site perimeters adjoining traveled roads from November to April to prevent dirt from washing off the site and being pulverized by passing vehicles. {5} Establish landscaping within gO days of the completion of grading, or hydroseed with a native plant mix as an interim ground cover to minimize wind erosion. Irrigate as necessary to sustain ground cover. (6} Terminate all grading, excavation and travel on unpaved surfaces when hourly average wind speeds exceed 30 mph. Wind speeds shall be monitored with an on-site wind sensor mounted in an unobstructed 1 ocati on. {7) All primary project construction contractors shall encourage, unless required by APCD regulations, a traffic management program to reduce the number of employee or material delivery trips and to minimize conflict with regional transportation patterns. The elements of such a program shall include rideshare programs for workers, construction personnel parking off of EastLake Parkway and Otay Lakes Road, scheduled delivery of construction materials between 9 a.m. and 3 a.m., restriction of land closures to between 9 a.m. and 3 a.m., completion of street sweeping/washing by 4 p.m. (Mitigation Measure 4.8.4.5) 3. Noise a. Prior to approval of building permits for the hospital, interior noise studies shall be submitted to the City which demonstrate that interior noise levels will not exceed 45 dB(A). Appropriate architectural materials shall be incorporated into the building plans to achieve this 45 dB{A} interior standard. {Mitigation Measure 4.4.4.1) 4. Hazardous Waste a. The applicant shall prepare a Hazardous Materials Business Plan and Biomedical Waste Management Plan. These plans shall be approved by the County of San Diego Hazardous Material s Management Di vi si on {HMMD}. Annual inspections by the HMMD shall be conducted to ensure Resolution No. 16702 Page 13 compliance with County and State regulations. The applicant shall provide evidence to the City of Chula Vista that these requirements have been satisfied before a certificate of occupancy is approved for the first phase of the Kaiser Permanente Chula Vista Medical Center. (Mitigation Measure 4.5.4.2) 5. Drainage a. Prior to issuance of the grading permit for the proposed medical center, Kaiser Permanente shall submit drainage plans to the City Engineer which will confirm to the satisfaction of the City Engineer that the drainage plans conform to the drainage studies prepared for this EIR or further environmental review will be required. All storm drain facilities downstream of the medical center shall have the capacity to accommodate the additional flow resulting from the proposed change in grading patterns, or maintain the existing direction of on-site drainage southwesterly toward the detention basin. (Mitigation Measure 4.6.4.4) b. Prior to issuance of the grading permits for the medical center, fees shall be paid toward the Telegraph Canyon Channel drainage faci 1 i ty i n accordance the drainage fee program. {Mitigation Measure 4.6.4.5) 6. Geology a. Prior to issuance of a grading permit for the proposed medical center, Kaiser Permanente shall provide a final Foundation Investigation and detailed soils analysis. The final Foundation Investigation shall be approved by the City Engineer and shall satisfy the requirements of the Office of the State Architect and the California Division of Mines and Geology if appropriate for medical center building sites. Building plans for the medical center facility shall incorporate foundation design criteria set forth in the final Foundation Investigation to the satisfaction of the Office of the State Architect. {Mitigation Measure 4.7.4.2) b. All improvements associated with the medical office building shall be in compliance with seismic design standards of the Uniform Building Code and requirements of local governing agencies. {Mitigation Measure 4.7.4.3) 7. Water a. Prior to issuance of a building permit, Kaiser Permanente shall agree to participate in whatever city- Resolution No. 16702 Page 14 wide water conservation or fee off-set program the City of Chula Vista has in effect at the time of issuance. In addition, Kaiser Permanente shall be requi red to implement the approved EastLake I Activity Center Water Conservation Plan. {Mitigation Measure 4.10.4.5} 8. Sewer a. Prior to approval of final grading plans for the medical center, the Wastewater System Subarea Master Plan for EastLake shall be approved by the City Engineer and shall include changes necessary to accommodate the medical center use. (Mitigation Measure 4.10.4.6} b. Prior to the issuance of a building permit, the developer(s) shall be required to pay for all costs associated with revising the Telegraph Canyon Sewer Basin Plan to include the additional flows associated with the medical center. The revised plan will stipulate any additional required improvements and any changes in phasing. Prior to approval of building permits for the medical center, the developers shall pay the total cost of any facility required to specifically serve the medical center within the EastLake I SPA area and its proportionate share of the costs of the basin-wide improvements included in the Revised Basin Plan. (Mitigation Measure 4.10.4.7) c. Prior to issuance of the building permits for Phases I and II, sewer capacity fees shall be paid based on projections included in Section 4.10 and Appendix J of the FSEIR. (Mitigation Measure 4.10.4.8) d. Prior to issuance of the building permit for Phase III, sewerage generated by Phases I and II will be evaluated. Sewer capacity fees for all three phases of the proposed Kaiser Permanente Chula Vista Medical Center shall be adjusted based on the actual sewage volume generated in Phases I and II. Payment of fees shall occur prior to issuance of the building permit for Phase III. {Mitigation Measure 4.10.4.9) 9. Fire Protection a. Prior to issuance of a building permit, Kaiser Permanente shall deposit with the City of Chula Vista adequate funds to provide reimbursement to the City through a deposit account for full costs related to plan check and fire inspection services. The City, at its option, may hire contractual fire inspectors to provide this service. {Mitigation Measure 4.10.4.10) Resolution No. 16702 Page 15 b. Prior to issuance of the building permit for the proposed Kaiser Permanente Chula Vista Medical Office Building, construction plans shall incorporate fire department standards. The construction plans shall be reviewed and approved by the Fire Marshall or designee. The standards shall include, but not be limited to, the following: (1) Fire flow shall be 8,000 gallons per minute. This may be reduce to 4,000 if all structures are provided with a fire sprinkler system. {2} Commercial fire hydrants will be required; locations to be determined with plan review. (3) A fire alarm system will be required. {4) The project will require 20-foot access and unimpaired vertical clearance of 13'6" minimum for fire apparatus. {Mitigation Measure 4.10.4.11} D. Precise Plan Conditions The applicant for the Medical Center Use, to wit: Kaiser Permanente Hospitals, Inc., shall be permitted to construct structures and other improvements on the 30.6 acre parcel identified in Exhibit 11, identified as ("Site Plan, Phases I, II and III, Kaiser Permanente Medical Center"} in accordance with the "Design Review/Precise Plan Submittal" contained in Exhibit 12, except as modified therein and then, only in compliance with the following conditions, which shall be implemented and the Applicants' continued right to use the Property in the manner herein permitted shall be conditioned on the continued maintenance of all such conditions. 1. Approval of this project shall be contingent upon approval of the EastLake I General Development Plan and EastLake I Sectional Planning Area (SPA) plan amendment for EastLake I, approval of CUP 92-10, approval of the amendment to the Master Grading Plan, and approval and adoption of the EastLake I Activity Center Precise Plan Guidelines and Conceptual Master Plan for the EastLake Activity Center. Final plans for the Kaiser Precise Plan shall be subject to staff approval. 2. Any mitigation measures identified by FSEIR-92-01 are hereby incorporated herein and shall be implemented. 3. The final site development plan shall indicate the precise number and locations of handicap, van, camper and emergency vehicle parking stalls, and shall be subject to staff review and approval. Resolution No. 16702 Page 16 4. The proposed parking structure design shall be modified as follows: (a) The Phase II parking segment shall be reduced from 7 levels to 6 levels. (b) The southern portion of Phase III shall be reduced from g levels to 6 levels. (c} The northern portion of Phase III shall be reduced from g levels to 7 levels and horizontal staggering of the upper parking levels along EastLake Parkway shall be incorporated along the northerly facing parking structure elevations. {d} Additional articulation {recesses, projections, planter areas} shall be provided on the easterly facing parking structure elevations. 5. A detailed landscaping and irrigation plan shall be submitted to the City Landscape Architect for review and approval prior to issuance of building permits for any structure within Phase I of the medical center. 6. The proposed parking structure design shall incorporate a landscape planter area around the perimeter of the upper levels of the parking structures. Specific information on the proposed number, design and locations of planters as well as planter landscaping materials shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 7. The final landscaping and irrigation plan shall provide specific tree size information, detailed roof garden treatment and hardscape materials specifications. 8. The proposed plant palette shall incorporate a substantial number of drought tolerant materials. The ultimate plant material selection shall include "vernacular Californian" shrub and tree species. 9. Landscaping and a full-height decorative screen wall shall be provided along the southerly and westerly side of the utility yard. Screen wall design details shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 10. Details and/or specifications for the entry canopy, covered walkway and pedestrian bridge design shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. Resolution No. 16702 Page 17 11. Specific exterior wall color and building materials samples for all structures within the facility shall be submitted to staff for review and approval prior to issuance of building permits for Phase I of the medical center. 12. A comprehensive sign program shall be submitted to staff for review and approval prior to issuance of any sign permits. 13. Approval of this project shall be contingent upon compliance with all City of Chula Vista Planning, Engineering, Fire and Building and Housing Department requirements and any additional requirements imposed by the State Architect's Office. 14. The loading docks shall be screened visually and for truck noise from the courtyard area. 15. The entry to the central utility plant shall be used additionally for visual screening. 16. The parking structure screens may be solid as portrayed on the precise plan drawings or may be in accordance with either sketches 1 or 2 from precise plan page S20. IV. FINDINGS--CONSISTENCY WITH GENERAL PLAN, SECTIONAL PLANNING AREA PLAN, CONDITIONAL USE PERMIT, PRECISE PLAN, AND OTHER FINDINGS. A. General Development Plan Findings 1. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE EASTLAKE I GENERAL DEVELOPMENT PLAN AMENDMENT IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN. An analysis of the EastLake I General Development Plan found that the project is in conformance with the Chula Vista General Plan with respect to all applicable issues including: land use patterns and intensities, circulation, public facilities, conservation and open space, and environmental protection. 2. A PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREAS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. Both an approved Sectional Planning Area {SPA) Plan and subdivision map currently exist for the amendment area. The applicant has submitted a SPA Plan Amendment and a subdivision map revision to amend these documents for consistency with the general development plan amendment. Concurrently, a precise plan has also been submitted for 30.6 acres within the amendment area which is programmed for near-term construction. Resolution No. 16702 Page 18 3. IN THE CASE OF THE PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT SHALL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH AND PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREAS AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS, AND PARKS ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The EastLake I General Development Plan Amendment proposed no residential uses. 4. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN TO THE PURPOSE INTENDED; THAT THE DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The EastLake I General Development Plan Amendment proposes a small increase (2.0 acres) in the amount of industrial or research uses. These uses are located adjacent to similar uses within the developing EastLake Business Center. These uses will by governed by the EastLake I Planned Community District Regulations and EastLake I Activity Center Precise Plan Guidelines which provide land use regulation, development and design standards which will assure the long term integrity of the Activity Center. All public facility needs have been provided for in the EastLake I Public Facilities Financing Plan. 5. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NON-RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH. The EastLake I General Development Plan Amendment proposes to modify the Activity Center along future Route 125 freeway planned for shopping, community park, high school, church sites, and other high intensity uses to include a Kaiser Medical Center. This new use, along with the previously approved uses, are separated from the residential neighborhoods by EastLake Parkway and future SR-125 thereby preserving the desirability and stability of the residential areas. Resolution No. 16702 Page 19 6. THE STREETS AND THOROUGHFARE PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The Final Supplemental Environmental Impact Report contains a traffic analysis of the proposed amendment prepared in accordance with the proposed land uses and circulation element of the Chula Vista General Plan. The resulting analysis indicates that subject to the conditions imposed by this Resolution (in Section f), the existing or proposed streets will be adequate to carry the anticipated traffic. The project will build or provide funding for street modifications on and off-site to carry the anticipated traffic in accordance with the City's threshold criteria. 7. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The amount, type and location of neighborhood commercial development is adequate to serve the nearby residential uses. Major shopping needs can be adequately met by commercial areas in Chula Vista. 8. THE AREAS SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The EastLake I General Development Plan amendment will not impact the planned land use of adjacent areas. The majority of the property located near the amendment area is within an approved SPA Plan area or is currently being processed for SPA Plan approval. These plans were taken into consideration in the evaluation of the proposed amendment. B. Sectional Planning Area Findings 1. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The EastLake I Sectional Planning Area Plan Amendment reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the amended EastLake I General Development Plan and the Chula Vista General Plan. 2. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The EastLake I SPA Plan, EastLake I Public Facilities Finance Resolution No. 16702 Page 20 Plan, EastLake I Precise Plan Guidelines, EastLake I Activity Center Water Conservation Plan, EastLake I Activity Center Air Quality Improvement Plan contain provisions and requirements to ensure the orderly, phased development of the project. The EastLake I Public Facilities Financing Plan specifies the public facility projects required by the amended EastLake I SPA Plan and also the regional facilities needed to serve the uses. 2. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY. The land uses within the EastLake I SPA Plan Amendment area represent a continuation of the master planned community elements established with the development of EastLake I. The project has been planned in a fashion to incorporate established community theme elements that integrate well with adjacent land uses and avoids off-site impacts through the provision of mitigation measures specified in the Final Supplemental Environmental Impact Report for the proposed amendment. Implementation of the EastLake I Activity Center Precise Plan Guidelines will assure that quality development with high aesthetic and functional standards will be constructed. C. Conditional Use Permit Findings 1. THAT THE PROPOSED USE AT THE 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. Approval of the request will provide an acute care hospital and related medical facilities to the developing Eastern Territories thus serving the needs of the community and planning for the future needs of eastern Chula Vista. Data provided by Kaiser Permanente documents the current and projected membership, facility usage levels, and floor area requirements to support the need for the proposed facility. 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 facility will be constructed according to plans reviewed and approval by responsible State agencies, as well as detailed City review via the precise plan process. All potential impacts associated with the project have been identified and assessed in the project FSEIR. All necessary mitigation measures have been identified and will be monitored Resolution No. 16702 Page 21 through the mitigation monitoring program. 3. THAT THE PROPOSED USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS SPECIFIED IN THE CODE FOR SUCH USE. The proposal will be required to comply with all applicable codes and conditions and regulations prior to the issuance of development permits. 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. Approval of the permit is consistent with the General Plan and General Plan policy to encourage the establishment, expansion, improvement and modernization of hospitals and related health facilities within the Chula Vista Planning Area. D. Precise Plan Findings 1. THAT SUCH PLAN 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 development will provide the residents of Chula Vista with a hospital and medical facility which will be conveniently located to serve the Eastern Territories of the City and the South San Diego County sub-region. The proposed parking is in excess of the minimum standards established by the City. Traffic circulation will be improved by the installation of specific on-site and off-site improvements established by the City Engineer. 2. THAT SUCH PLAN SATISFIES THE PRINCIPLES OF THE APPLICATION OF THE PRECISE PLAN MODIFYING DISTRICT AS SET FORTH IN SECTION lg.56.041; The project is in substantial compliance with the principles of the P modifying district. 3. THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P PRECISE PLAN MODIFYING DISTRICT; No deviations from the underlying zoning requirements and master precise plan requirements for the EastLake I Activity Center have been requested as part of this proposal. Resolution No. 16702 Page 22 4. THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL PLAN AND THE ADOPTED POLICIES OF THE CITY. The project site is currently designated for Commercial/Retail uses. A General Development Plan Amendment and a Sectional Planning Area (SPA) plan amendment for EastLake I will be processed concurrently with a conditional use permit and precise development plan for the proposed facility and will address any existing land use inconsistencies. E. CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS. 1. Adoption of Findings. The City Council does hereby approve and incorporate as if set forth full herein, and make each and every one of the CEQA Findings attached hereto as Exhibit 3-1. 2. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the previous environmental documents for this roject area and this supplemental environmental document ~IR-92-01) and the CEQA ' Findings for this project which is hereby attached hereto as Exhibit 3-1, Council hereby finds that pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the above referenced document are feasible and will become binding upon the appropriate entity such as the project proponent, the City, or other special districts which has to implement these specific mitigation measures. 3. Feasibility of Alternatives. As is also noted in the environmental documents referenced in the immediately preceding paragraph alternatives to the project which were identified as potentially feasible are found not to be feasible. 4. Adoption of Mitigation Monitoring Program. As required by the Public Resources Code Section 21081.6, City Council hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit 3-2 to this resolution and incorporated herein by reference as set forth in full. The Council hereby finds that the Program is designed to ensure that during the project implementation and operation, the permittee/project applicants and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and in the Program. Resolution No. 16702 Page 23 5. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures, certain significant or potentially significant environmental affects caused by the project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista does hereby issue pursuant to CEQA Guidelines Section 15093, as set forth in Exhibit 3-3 attached hereto, a Statement of Overriding Considerations identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. V. NOTICE OF DETERMINATION The Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. VI. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. VII. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. City Attor.ey Resolution No. 16702 Page 24 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 30th day of June, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16702 was duly passed, approved, and adopted by the City Council held on the 30th day of June, 1992. Executed this 30th day of June, 1992. Beverly~. 'Authelet, Ci y Clerk