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Home My WebLink AboutReso 2016-204 RESOLUTION NO. 2016-204 RESOLUTIOI�' OF THE CITY COUI`'CIL OF THE CITY OF CHULA VISTA APPROVING THE COI�'DITIONAL USE PERMIT (CUP 1�-002�) TO PERMIT THE EXPANSION OF THE EXISTING HOSPITAL USE LOCATED AT 7�1 MEDICAL CENTER COURT II�' THE CITY OF CHiJLA VISTA V�'HEREAS; the parcel of land which is the subject matter of this Resolution is depicted in Exhibit "A;" attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 16.49 acres located at 751 Medical Center Court, APN 641-010- 28 (Project Site); and WHEREAS, on No��ember 30, 201�; a dul�� verified application requestine approval of a Conditional Use Permit was filed ��ith the Cin� of Chula Vista De��elopment Senices Department b�� Sharp Chula Vista Medical Center (SCMC) (Applicant); and WI-IEREAS. said Applicant requests approval of a Conditional Use Permit to allow the expansion of the operation of an existing hospital use with the addition of a ne�� se��en ston� hospital tower (Project) on said Project Site; and R'HEREAS, the Development Services Director has revie��ed the proposed Project for compliance ti�ith the Califomia Environmental Quality Act (CEQA) and has determined that there is substantial evidence, in light of the w-hole record before the City Council, that the Project may have a significant effect on the environment; therefore, the Development Services Director has initiated the preparation of an Environmental Impact Report, (EIR 1�-0002); and WHEREAS, the Cin� Clerk set the time and place for the public hearing on the Project application, and notice of said hearing, together ��-ith its purpose, ��as given by its publication in a ne�;�spaper of eeneral circulation in the cit��, its mailing to property oN�ners H�ithin 500 feet of the exterior boundar�� of the Project Site at least 10 days prior to the hearing; and A�HEREAS, the Chula Vista City Council held a duh- noticed public hearing to consider the Project application at the time and place as adveRised, namely October 4. 2016 at 5:00 p.m. in the Citti� Council Chambers. 276 Fourth A��enue. NOR'. THEREFORE. BE [T RESOLVED that the Cirv Council of the Citv of Chula Vista does herebv find. determine and resol��e as follo�+�s: I. CONDITIONAL USE PER1�71T FINDINGS OF APPROVAL 1. That the proposed use at this location is necessarv or desirable to provide a sen�ice or facilih• which «iIl contribute to the general �vell being of the neighborhood or the communih�. Resolution No. 2016-204 Page No. 2 Based upon both current and projected future community medical service needs, a neN� hospital tower is necessary in order to adequately serve the growing Chula Vista community. The medical campus is centrally located within Chula Vista and is easily accessed by major roadways. The best location on the existing site to construct a new hospital tower is in the currently planned location, which is adjacent to the existing hospital and Loop Road. The first two floors of the new tower will be contiguous to the first two floors of the existing hospital tower, assuring an efficient hospital operation. 2. That such use will, under the circumstances of the particular case, not 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 hospital expansion will occur within the existing Medical Center Court complex and will be supported by adequate on-site parking. Tl�e estimated traffic increase can be accommodated on adjacent streets. Two community Forum events were held, one on March 10 and the other on March 26, 2016. One of the areas of concern expressed by surrounding residents regarded the traffic on Medical Center Court. The EIR addresses traffic impacts, as well as all other project related impacts. All project impacts are mitigated to a level of less than significant. The expansion of the medical center operation will provide the communiry benefit of a state of the art medical facility in close proximity to Chula Vista residents. Because the capaciry of the medical facility will be greatly expanded, urgent medical needs will be taken caze of in a more expedited maner. 3. That the proposed use will comply with the regulations specified in the code for such use. Granting of this Conditiona] Use Permit requires the Applicant and Property Owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Chula Vista Municipal Code, as well applicable safety regulations required by the Chula Vista Police and Fire Departments. These conditions will be enforced through building plan review, inspections prior to occupancy of the use and subsequent operation of the business. Furthermore, the conditions of this permit are approximately in proporiion to the nature and extent of the impact created by the project in that the conditions imposed are direcUy related to, and of a nature and scope related to the size and impact of the Project. The Project will comply with all regulations and conditions specified in the Chula Vista Municipal Code for uses established under CUP 15-0025. 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 this conditional use permit is consistent with lhe General Plan designation for the property and General Plan policy to encouraae the establishment, expansion, improvement and modernization of hospitals and related health facilities within the Chula Vista Planning Area. Resolution No. 2016- 204 Paee No. 3 IL CONDITIONAL USE PERl�'IIT CONDITIONS OF APPROVAL The following conditions shall be accomplished to the satisfaction of the De��elopment Ser��ices Director, or designee, prior to issuance of building permits, unless otherwise specified: PLANNING DIVISIO\': 1. The Applicant/Representati��e and Propert�� O�mer shall execute this document bv making a true cop}� and siening both this oriQinal Notice of Decision and the copy on the lines pro��ided below. said execution indicating that the Applicant/Representative and Property Otimer have each read, understood and aereed to the conditions contained herein, and will implement same. Upon execution. the true copy ��ith orieinal signatures shall be retumed to the De��elopment Sen�ices Department. Failure to return the siened true cop�� of this document within 30 Da��s of the effecti��e date herein shall indicate the Applicant/Representative and Property O�timer`s desire that the project, and corresponding application for building/erading permits and/or business license; be held in abevance ��ithout appro��al. � �� 6/�1�� S�gn ure of Appl�canUAuthonzed Representative Date Matt eu�7e chner —� !c) � � . Sie a r�of Propem� O�ti�ner/Representati��e Date Matthew Teichner 2. Approval of this Project shall not H�aive compliance with any section of the Chula Vista Municipal Code nor an�� other applicable Cit�• Ordinances in effect at the time of building permit issuance. 3. The conditions of approval for this Conditional Use Permit shall be applied to the subject property until such time approval is re��oked. and the existence of this approval ��ith conditions shall be recorded ti�ith the title of this propem-. 4. The Project Site shall be de��eloped and maintained in accordance �rith the appro��ed plans for CUP1�-002� dated September 20, 2016, ��hich include site plans and floor plans on file in the Plannin� Di��ision of the Development Ser��ices Department, the conditions contained herein. and Title 19. �. This Conditional Use Permit shali become ��oid and ineffecti��e if not utilized within three vears from the effecti��e date, in accordance «-ith Section 19.14.260 of the Chula Vista Municipal Code. Failure to comph� with am� conditions of appro��al shal] cause this permit to be re��ie��ed b�� the Citv for additional conditions or re��ocation. Resolution No. 2016-204 Paee No. 4 6. The Applicant/Representative and Properfy Owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees. agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and cost, including court costs and attorneys' fees (collectively `9iabilities�') incurred by the City arising, directl}� or indirectly, from (a) City's approval or issuance of this Conditional Use permit (b) City's appro��al or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein and the applicandoperator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated, above. The ApplicanURepresentative and Property Owner's compliance ti�ith this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of the Property Owner and Applicant's successors and assigns. III. 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. The applicant or a successor in interest gains no vested rights by the City's approval of this Conditional Use Permit. iV. INVALIDITY: AUTOMATIC REVOCAT[ON It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this Resolution and the Permit shall be deemed to be automatically revoked and of no further force and effect. V. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Govemment Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impaet fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure ��ill bar any subsequent ]egal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading_ or other similar application processing fees or service fees in connection H�ith this project; and it does not apply to any fees, dedication, reservations, or other - exactions ��hich ha��e been given notice similar to this, nor does it revive challenges to an}� fees for�vhich the Statute of Limitations has previously expired. Resolution I�'o. 2016- 204 Paee No. � Presented by Appro��ed as to form b�� ; \ ✓ Kel � . Brouehton, FASLA Glen R. Googins� Director of Development Sen�ices itv Atto �e}� PASSED. APPROVED. and ADOPTED b�� the Citv Council of the Cin- of Chula Vista. Califomia, this 4th da��of October 2016 b��the follo��ine vote: AYES: Councilmembers: AQuilar. Bensoussan. and Salas NAYS: Councilmembers: I�tone ABSENT: Councilmembers: I�ione ABSTAIN: Councilmembers: McCann and Miesen , ��_ � /�// Mary las; Ma��or ATTEST: Donna R. I�'orris. MC. Cin Clerk STATE OF CALIFOR,\'IA ) COUNTY OF SAI`' DIEGO ) CITY OF CHULA VISTA ) I. Donna R. Noms. Cirv Clerk of Chula Vista. Califomia. do herebvi certifi� that the foreeoine Resolution No. 2016-204 was duly passed. approved. and adopted by the City Council at a regular meeting of the Chula Vista Cin� Council held on the 4th da�� of October 2016. Esecuted this 4th da�� of October 2016. �.�.� .� Donna R. Norris. CMC_ Citv Clerk Resolution No. 2016-204 Page No. 6 I 1 I C i Veterans Homes Sharp Chula Vista Medical Medical Center Proposed Offices Hospital Tower (Approximate Location) � ��O � ��q !�, FtiT F9 cT Me � al Office 0 0 � ,(�j Mission ��` Appartments LOCATOR � � O �� i �o� �� NORTH � � �� ----i 751 Medical CenterCt. � „ '-----� sai-o�o-za EXHIBIT "A