HomeMy WebLinkAboutAttachment 1- PC-Reso-CUP19010FEIR-ELBH-11.04.21-RevFinal
RESOLUTION NO. EIR20-0001/CUP19-0010
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA MAKING CERTAIN FINDINGS OF FACT AND CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT (EIR-20-0001; SCH NO.
2021030087) AND APPROVING A CONDITIONAL USE PERMIT (CUP19-
0010) TO CONSTRUCT A ONE-STORY 97,050 SQUARE-FOOT, 120-BED
ACUTE PSYCHIATRIC HOSPITAL ON A 10.5-ACRE SITE LOCATED AT 830
AND 831 SHOWROOM PLACE
WHEREAS, on May 20, 2019, a duly verified application for a Conditional Use Permit
(CUP 19-0010) was filed with the City of Chula Vista Development Services Department by
Eastlake Behavioral Health, LLC (the “Applicant”); and
WHEREAS, the application requests approval to construct a one-story 97,050 square-foot,
120-bed acute psychiatric hospital, with 144 surface parking spaces, on a vacant site zoned BC -4
within the Eastlake Planned Community District (the “Project”); and
WHEREAS, the area of land that is the subject of this Resolution is an existing vacant
10.5-acre parcel located at 830 and 831 Showroom Place (the “Project Site”); and
WHEREAS, the proposed use falls within the hospital classification of unclassified uses
described in Chapter 19.54 of the Chula Vista Municipal Code (CVMC) and Chapter 19.44 of the
CVMC allows for Unclassified Uses in the Light Industrial Zone such as the BC-4 zone, subject
to approval of a Conditional Use Permit (CUP); and
WHEREAS, the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act and has determined that the Project
may have a significant effect on the environment; therefore, the Director of Development Services
has caused the preparation of an Environmental Impact Report (EIR), EIR 20-0001; and
WHEREAS, a Draft Environmental Impact Report (“Draft EIR-20-0001” or “Draft EIR”)
for the Project was issued for public review on April 27, 2021 and was processed through the State
Clearinghouse; and
WHEREAS, in consideration of the comments received on the Draft EIR and requirements
of the California Environmental Quality Act (CEQA), a Final EIR (“Final EIR-20-0001” or “Final
EIR”) was prepared for the Project; and
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WHEREAS, Final EIR-20-0001 incorporates all comments and recommendations received
on the Draft EIR, a list of all persons, organizations, and public agencies commenting on the Draft
EIR, and the City’s responses to all “significant environmental points” raised by public and agency
comments submitted during the review and consultation process, in accordance with CEQA
Guidelines Section 15132; and
WHEREAS, revisions to Final EIR-20-0001 did not result in modifications to conclusions
regarding significance of impacts or the addition of significant new information that would require
recirculation of the EIR pursuant to CEQA Guidelines section 15088.5; and
WHEREAS, the Director of Development Services set a hearing before the Planning
Commission for the consideration of and recommendation on the Final EIR and the CUP. Notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City of Chula Vista, and its mailing to property owners and residents within 500-
feet of the exterior boundaries of the Property, at least ten (10) days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter
closed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby finds, determines and orders as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Project and Final EIR-20-0001 as well as the Minutes and Resolutions
resulting therefrom are hereby incorporated into the record of proceedings pursuant to Public
Resources Code Section 21167.6. These documents, along with any documents submitted to the
Planning Commission, including documents specified in Public Resources Code Section 21167.6,
subdivision (e), shall comprise the entire record of proceedings for any claims under the CEQA
(Public Resources Code §21000 et seq.) The record of proceedings shall be maintained by the
Development Services Department at City Hall.
II. Final EIR-20-0001 CONTENTS
That Final EIR-20-0001 consists of the following:
1. EIR for the Project
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2. Comments received during public review and responses
3. Technical Appendices
(All hereafter collectively referred to as “Final EIR-20-0001”)
III. ACCOMPANYING DOCUMENT TO Final EIR-20-0001
1. Findings of Fact
IV. PRESENTATION TO THE DECISIONMAKING BODY
That the Final EIR-20-0001 was presented to the Planning Commission as the decision-
making body of the Lead Agency and that the Planning Commission has reviewed and considered
the information contained in Final EIR-20-0001 prior to approving the Project.
V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
That the Final EIR-20-0001 and the Findings of Fact (Exhibit “1” to this Resolution, a copy
which is on file with the Development Services Department), are prepared in accordance with the
requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California
Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of
Chula Vista.
VI. INDEPENDENT JUDGMENT OF PLANNING COMMISS ION
That it utilized its independent judgment and analysis in reviewing the Final EIR-20-0001
for the City as Lead Agency for the Project.
VII. CEQA FINDINGS OF FACT
A. Adoption of Findings of Fact
That the Planning Commission does hereby approve, accept as its own, incorporate as if
set forth in full herein, and make each and every one of the findings contained in Exhibit “1” to
this Resolution, a copy of which is on file in the Development Services Department.
B. Mitigation Measures Feasible and Adopted
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That on the basis of the findings set forth in Exhibit “1” to this Resolution and as more
fully identified and set forth in Final EIR-20-0001, the Planning Commission hereby finds
pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that changes or alterations
have been required in, or incorporated into the Project which avoid or substantially lessen the
significant environmental effects identified in Final EIR-20-0002, and that such changes and
alterations have eliminated or substantially lessened all significant effects on the environment
where feasible as shown in the findings set forth in Exhibit “1” to this Resolution. Furthermore,
that the measures to mitigate or avoid significant effects on the environment, as set forth in Final
EIR-20-0001 and in Exhibit “1” to this Resolution, are fully enforceable through permit conditions,
agreements or other measures, including but not limited to conditions of approval of the Project,
and will become binding upon the entity (such as the project proponent or the City) assigned
thereby to implement the same.
C. Infeasibility of Alternatives
As more fully identified and set forth in Final EIR-20-0001 and in Exhibit “1” to this
Resolution, the Planning Commission hereby finds pursuant to Public Resources Code Section
21081 and CEQA Guidelines Section 15091 that alternatives to the Project, which were identified
in Final EIR-20-0001, were not found to reduce impacts to a less than significant level or meet the
Project objectives.
D. Mitigation Monitoring and Reporting Program
Final EIR-20-0001 did not identify any significant impacts requiring the adoption of
mitigation measures. All impacts were determined to be below a level of significant due to
regulatory compliance, project design features, or the nature of issue area presented no potential
significant impacts. Therefore, a Mitigation Monitoring and Reporting Program (MMRP) is not
required to be adopted.
E. Findings are Binding and not Merely Advisory
That to the extent that the Findings of Fact for the Project (Exhibit “1” of this Resolution)
conclude that regulatory compliance and project design features outlined in Final EIR-20-0001 are
feasible and have not been modified, superseded or withdrawn, the Planning Commission herby
binds itself and the Applicant and its successors in interest, to implement those measures. These
findings are not merely information or advisory, but constitute a binding set of obligations that
will come into effect when the Planning Commission adopts the Resolution approving the Project.
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VIII. NOTICE OF DETERMINATION
That the Development Services Director of the City of Chula Vista is directed to file a
Notice of Determination with the County Clerk of the County of San Diego, should the Planning
Commission approve this Project in accordance with CEQA Guidelines section 15094.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista
hereby makes the following CUP findings:
1. That 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
the community.
The Project Site provides a desirable location for the Project needs. It is located on two parcels
within the Eastlake II planned community at the end of the cul-de-sac at 830 and 831
Showroom Place. The two relatively flat, vacant parcels have been mass graded with a
developable area that contains existing infrastructure (i.e., sewer, water, utilities). While open
space and single-family residential properties are located to the north and east of the Project
Site, there is an approximate 60-foot grade differential between the Project Site and the
residential properties which are all located at the base of an existing manufactured slope. There
is no significant grade separation between the Project Site and the District at Eastlake, an
adjacent business park with both commercial and industrial uses.
The proposed use of an acute psychiatric hospital also provides a desirable acute care option
to the residents of Chula Vista in a location within the Eastlake Business Park that can be easily
accessed by surrounding transportation infrastructure. The proposed location is easily
accessible by the SR 125 freeway to the west and nearby major thoroughfares such as Proctor
Valley Road to the north and Otay Lakes Road to the south.
The proposed project would also be consistent with the vision of the Eastlake Business Park in
having a diverse base of industries for the residents of Chula Vista. A large Project Site is
necessary to accommodate the proposed use and is compatible with the surrounding uses found
in the District at Eastlake. Sitting adjacent to the District at Eastlake, the Project Site would
add to the business park’s envisioned, diverse mixture of industrial and commercial tenants,
many of which also require CUPs to operate in the Eastlake Business Park.
The proposed project would also provide needed jobs during and after construction as well as
serve as a specialized medical care facility in the community contributing to the general well-
being of the Chula Vista community. Not only will the hospital provide an acute psychiatric
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care option for the residents, it will also provide approximately 100 jobs during construction
and provide 150 permanent jobs, contributing to the economic well-being of the community.
2. That such use will not, under the circumstances of the particular case, be detrimental to
the health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
The proposed use is located within the BC-4 Zone of the Eastlake II Planned Community. In
accordance with the provisions of the BC-4 Zone, the proposed use is allowed with a CUP.
The proposed Project will not be detrimental to the public health, safety, and general welfare,
including but not limited to matters of noise, smoke, dust, fumes, vibration, odors, and hazards
or excessive concentrations of traffic, all as evidenced in the Project EIR. A limited amount of
noise and dust is to be expected in association with construction activities, but Conditions of
Approval and the City’s performance standards offset and mitigate for such impacts.
3. That the proposed use will comply with the regulations and conditions specified in Chula
Vista Municipal Code Title 19 (Planning and Zoning) for such use.
Pursuant to the provisions within the BC-4 zone within the Eastlake Planned Community
District and as an unclassified use pursuant to CVMC Section 19.54.020(h), the acute
psychiatric hospital is an allowed use subject to a CUP in accordance with CVMC Section
19.44.040(o). The proposed project will comply with and is subject to the conditions of this
CUP as required by the above-referenced CVMC Sections.
4. That the granting of the Conditional Use Permit will not adversely affect the General
Plan of the City, or the adopted plan of any government agency.
The proposed use is located within the BC-4 Zone of the Eastlake II Planned Community. In
accordance with the provisions of the BC-4 Zone and CVMC sections 19.54.020(h) and
19.44.040(o), the proposed use is a permitted use subject to a CUP which requires compliance
with specified regulations and conditions.
The proposed use complies with the General Plan policy of providing adequate commercial
uses for the surrounding residents. The Project site is vacant and was previously graded in
2002. The commercial use is appropriate for this site and allowed under the Business Center
II Supplemental Sectional Planning Area (SPA), Business Center 4 (BC-4) zone. Approval of
the Project requires compliance with all applicable codes and regulations, and all conditions
must be satisfied prior to the final building inspection or occupancy.
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BE IT FURTHER RESOLVED, that the Planning Commission, based on the findings
above, hereby adds and requires the following conditions of approval:
IX. The following shall be accomplished to the satisfaction of the Director of Development
Services, or designee, prior to issuance of Building Permits, unless otherwise specified:
Planning/Transportation:
1. Prior to issuance of the first Building Permit, the Applicant shall pay all applicable fees,
including any unpaid balances of permit processing fees for deposit account DDA-0457.
2. The hours of operation for the Project shall be 24-hours per day, seven days per week,
employing up to 150 staff and facility personnel, working in three employee shifts. Day
shifts are eight hours, except for the nursing staff who work 12-hour shifts. Shifts are
between 7:00 am to 3:00 pm, 3:00 pm to 11:00 pm, and 11:00 pm to 7:00 am.
3. The Project shall provide 24-hour security patrols, closed circuit security camera
monitoring of the exterior and common areas (e.g., lobby, cafeteria, visiting area, outside
areas).
4. Prior to the issuance of the first Building Permit, the Applicant shall provide proof of a
transportation plan that demonstrates a shuttle service to and from the facility to the nearest
public transit stop to the satisfaction of the Director of Development Services.
5. The colors and materials specified on the building plans shall be consistent with the colors
and materials shown on the site plan and materials board approved by the Planning
Commission for DR19-0012.
6. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall
be noted for any building and wall. Additionally, the Project shall conform to Chapter 9.20
of the CVMC regarding graffiti control.
7. All roof appurtenances, including air conditioners and other roof mounted equipment
and/or projections, shall be shielded from view and the sound buffered from adjacent
properties and streets as required by the Director of Development Services. Such screening
shall be architecturally integrated with the building design and constructed to the
satisfaction of the Director of Development Services.
8. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall
be located out of public view and adequately screened through the use of a combination of
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concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Director
of Development Services.
9. All exterior lighting shall include shielding to remove any glare from adjacent residents.
Details for said lighting shall be included in the architectural plans and shall be reviewed
and approved to the satisfaction of the Director of Development Services, prior to the
issuance of the first Building Permit.
10. The Applicant shall obtain approval of a Sign Permit from the Development Services
Department for each sign. Signs shall comply with all applicable requirements of the
CVMC.
11. Prior to the First Building Permit, the Applicant shall install a new traffic signal at the
Harold Place/Fenton Street intersection to the satisfaction of the City Engineer.
12. Prior to the First Building Permit, the Applicant shall pay the fair share contribution
toward the installation of the City’s preferred Adaptive Traffic Signal Control (ATSC)
modules to the signalized intersections on Otay Lakes Road between Eastlake Parkway
and Hunte Parkway, and for the Eastlake Parkway/Fenton Street intersection. The
Applicant’s fair share contribution is shown in the table below:
Intersection
Project Fair
Share
3. Eastlake Parkway/Otay Lakes Road 3.0%
4. Lane Avenue/Otay Lakes Road 4.1%
5. Fenton Street/Otay Lakes Road 6.8%
6. Hunte Parkway/Otay Lakes Road 1.6%
7. Eastlake Parkway/Fenton Street 2.6%
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Land Development Division/Landscape Architecture Division:
13. The Applicant shall comply with all requirements and guidelines of the CVMC; the Chula
Vista Subdivision Manual; City of Chula Vista Design and Construction Standards; the
Development Storm Water Manual for Development & Redevelopment Projects, The
Chula Vista BMP Design Manual; the City of Chula Vista Grading Ordinance No. 1797;
and the State of California Subdivision Map Act.
14. The Applicant shall comply with all applicable conditions of approval for Tentative Map
No. CVT 00-02.
15. Prior to Building Permit issuance, the Applicant shall process a Lot Consolidation.
16. Before the issuance of the Building Permit, the Applicant shall pay the following fees
(subject to automatic adjustment on October 1st of each year):
a. Sewer Capacity Fee
b. Traffic Signal Fee
c. Sewer Basin Development Impact Fee (DIF)
d. Other Engineering Fees and deposits in accordance with the City Subdivision
Manual, and Master Fee Schedule will be required for the submittal of Grading
Plans and Improvement Plans.
17. All driveways shall conform to the City of Chula Vista’s sight distance requirements in
accordance with Section 12.12.120 of the CVMC and Chula Vista standard drawing RWY-
05 (Sight Distance Requirements). Also, landscaping, street furniture, or signs shall not
obstruct the visibility of the driver at the street intersections or driveways.
18. The proposed Fire Access shall meet H-20 Loading requirements or shall be designed for
a Traffic Index (T.I.) of 5.
19. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be
designed to meet the City of Chula Vista Design Standards, American’s with Disabilities
Act (ADA) Standards, and Title 24 standards, as applicable.
20. The Applicant must obtain a Grading Permit prior to beginning any earthwork activities at
the site and before issuance of Building Permits in accordance with Municipal Code
Chapter 15.04. The Applicant shall submit grading plans in conformance with the City’s
Subdivision Manual and the City’s Development Storm Water Manual requirements,
including, but not limited to the following:
a. Grading plans shall be prepared by a registered Civil Engineer and approved by the
City Engineer.
b. Any offsite work will require Letters of Permission from the property owner(s).
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21. Prior to issuance of Grading, Construction, and Building Permits, the Applicant shall
document on applicable plans compliance with the requirements pertaining to Best
Management Practices (BMPs). The Applicant shall develop and implement post
construction BMPs in accordance with the most recent regulations at the time of Grading
and Building Permit issuance.
22. The Applicant and Owner shall enter into a Storm Water Management Facilities
Maintenance Agreement to perpetually maintain all permanent BMPs located within the
Project prior to issuance of the Grading Permit.
23. The Applicant must ensure that all roof drains are directed toward the treatment facilities
as proposed in accordance with the Storm Water Quality Management Plan (SWQMP).
24. The Applicant shall provide the City with proof of Pad Certification prior to issuance of
any Building Permit within the Project.
25. The infrastructure fronting the site shall be constructed and fully operational before the
issuance of the Final Building Inspection, all to the satisfaction of the Director of the
Development Services Department.
26. Separate permits for other public utilities (e.g., gas, electric, water, cable, telephone) shall
be required, as necessary.
27. The Applicant shall obtain a Construction Permit for private utility connections to the
public mains prior to Building Permit issuance.
28. The Applicant shall obtain a Construction Permit to construct the private driveways and
associated signage and striping in the City’s right-of-way, prior to issuance of any Building
Permit.
29. The Applicant is responsible for the replacement of any broken or damaged curb, gutter,
and sidewalk along the frontage of the Project Site. Required improvements shall be
constructed following the requirements of the Chula Vista Design and Construction
Standard Drawings, all to the satisfaction of the City Engineer.
30. The onsite sewer and storm drain system shall be private. All sewer laterals and storm
drains shall be privately maintained from each building unit to the City-maintained public
facilities.
31. Before issuance of the first Building Permit, the Applicant shall provide the City a “Will
Serve” letter from Otay Water District.
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32. Any private facilities (if applicable) within the public right-of-way or City easement will
require an Encroachment Permit prior to improvement plan or Building Permit approval.
33. All trash enclosures shall be fully covered with a solid roof.
34. Prior to the second submittal of the Building Permit set, the Applicant shall submit a
complete set of landscape improvement plans for review and approval by the Director of
Development Services or designee. For further information about submitting landscape
improvement plans and to download a landscape improvement review packet see the
following link. https://www.chulavistaca.gov/departments/development-
services/landscape-architecture Said plans shall conform to the following City documents
including, but not limited to:
a. Landscape Water Conservation Ordinance (LWCO), Chapter 20.12 of the CVMC
b. City of Chula Vista Landscape Manual
c. Shade Tree Policy (576-19)
35. Prior to the final building inspection, the Applicant shall have installed landscape
improvements in accordance with the approved landscape improvement plans to the
satisfaction of the Director of Development Services or designee.
Fire/Building Department:
36. The Applicant shall apply for required Building Permits. Permits shall comply with
applicable codes and requirements, including but not limited to: the current California
edition of the Building Code (CBC), Energy Code, Fire Code (CFC), Electrical Code,
Plumbing Code, Mechanical Code and California Green Standards Code as adopted and
amended by the State of California and the City of Chula Vista.
37. Prior to the issuance of a Building Permit, the following shall be required to be satisfied
during the site improvement and architectural plans submittal processes. The following are
conditions that will need to be addressed on the corresponding Building Permit submittals.
38. Provide a Fire Notes Section that includes the following notes:
a. To schedule a fire inspection, contact The Chula Vista Fire Department (CVFD) at
(619) 691-5029
b. Project shall comply with California Fire Code (CFC) Chapter 33, “Fire Safety
during Construction and Demolition”.
c. Impairments to fire protection systems will be coordinated in accordance with
CVFD Fire Prevention Division Fire Watch policy.
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39. Provide a complete and thorough Project Scope section that includes all proposed work.
40. Reproduce and sign the Chula Vista Fire Department (CVFD) Construction Site Policy
Agreement onto plans.
41. Provide a CVFD Details Sheet and reproduce the following details onto plans (all details
are available in .pdf format at the website listed at the end of this document):
• Fire Control Room
• Premise Identification
• Fire Lane Identification
• Auto Turn Data
• Knox – Single Tenant with Fire Control Room
• Exterior Strobe Detail
Building Data:
42. Provide a building data table that indicates the following:
• Construction Type
• Total Building Floor Area in Square Footage
• Number of Stories
• Total Floor Area in Square Footage of Project Scope
• Existing and Proposed Occupancy Type(s)
• Is Building Sprinklered (Yes/No)
43. Perform a building analysis that indicates compliance with California Building Code
(CBC) Ch.5 General Building Heights and Areas. If applicable, perform an analysis that
indicates the Project is in compliance with CBC Section 508 for mixed use and occupancy
(e.g., show occupancy types of neighboring tenant spaces).
Fire Department Access:
44. Fire apparatus access roads shall be provided for every facility or building and shall extend
to within 150 feet of all portions of the facility and all portions of the exterior walls of the
first story of the building as measured by an approved route around the exterior of the
building.
45. Fire apparatus access road dimensions shall be a minimum of 20 feet in width and have an
unobstructed vertical clearance of 13 feet 6 inches. Perform an auto-turn analysis on all
private streets using CVFD auto-turn data.
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46. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with
an approved area for turning around fire apparatus (3 point turn max using auto-turn
analysis).
47. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD
standard detail for fire lanes. Identify location of fire lanes on site plan.
48. Fire apparatus access road obstruction: Automatic gates shall be provided with both an
Opticom Detection System and a Knox Key Switch override. Provisions shall be taken to
operate the gate upon the loss of power. Manual Gates shall be provided with a Knox
padlock or a Knox Box depending on the installation.
49. Buildings shall be provided with Knox rapid entry appliances in accordance with CVFD
standards applicable to this Project. This Project will require Knox appliances in
accordance with CVFD Detail for Single Tenant with Fire Control Room. Show proposed
or existing location on the floor plan and elevation sheets for approval.
50. The building(s) shall be addressed in accordance with the following criteria (address
location shall be shown on elevation view for approval):
• 0 – 50 feet from the building to the face of the curb: 6-inches in height with a 1-inch
stroke
• 51 – 150 feet from the building to the face of the curb: 10-inches in height with a
1.5 -inch stroke
• 151 feet from the building to the face of the curb: 16-inches in height with a 2-inch
stroke
• Individual suites shall be addressed with the following criteria: 4-inches in height
with a 1-inch stroke.
Underground Fire Service Wet Utilities:
51. For 92,349 square feet of Type IB construction, this Project will require a fire flow of 3,250
gallons per minute for a 3-hour duration. Chula Vista Fire Code allows a 25% percent
reduction for buildings protected by fire sprinklers. This reduction is already accounted for
in the figure above. CVFD will produce and send a water letter to the respective water
authority to determine if the fire flow demand is available.
52. Based upon the required fire flow for Type IB construction type, a minimum of 4 fire
hydrants are required to serve this Project.
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53. Fire Hydrants shall be located and spaced in accordance with CFC, Appendix C. Based
upon the required fire flow for this Project, fire hydrants shall be located with an average
spacing of 400 feet. The maximum distance from any point along a fire apparatus access
road to a fire hydrant shall not exceed 225 feet.
54. Where a portion of the building is more than 400 feet from a fire hydrant on a fire apparatus
access road, as measured by an approved route around the exterior of the building, on site
fire hydrants and mains shall be provided. (All exteriors walls of a building shall be within
400 feet of a fire hydrant).
55. All private/on-site underground fire service utilities shall be permitted directly with CVFD
by submitting the design of such systems to CVFD for approval. Please note CVFD
requires all fire hydrant systems to be in service (i.e., installed and inspected) prior to
delivery of any combustibles to a site. Public fire hydrants shall be permitted through a
review process with the City’s Land Development Department.
Automatic Fire Sprinkler Systems:
56. This Project is to be protected throughout by an approved automatic fire sprinkler system
in accordance with section 903.2.6 of the CFC (NFPA 13). Provide a note in the fire/general
notes section indicating such.
57. Provide a fire control room in accordance with the City’s Fire Department Standard detail.
Show required identification on door, regular and emergency lighting, and dimensions as
required on the standard detail.
Fire Alarm System:
58. This Project is to be protected throughout with an approved fire alarm system in accordance
with section 907.2.6.2 of the CFC and NFPA 72. Provide a note in the fire/general notes
section indicating such.
Separate Submittals
59. Provide a separate submittals section that indicates the following (VERBATIM):
“Plans for the design and installation of the fire protection system(s) are a deferred
submittal and shall be submitted and approved, prior to any installation work, to
CVFD Fire Prevention Division located at 276 Fourth Ave, Bldg. C. (619) 691-
5029
Submittals required for this Project:
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• Fire Sprinkler
• Fire Alarm – Enter Type of System required
• Kitchen Hood Fire Suppression System
• Fire Service Underground
Fire Extinguishers:
60. Provide fire extinguishers in accordance with Title 19 Table 2 that is referenced in CFC
section 906.3. Fire extinguisher locations and proposed size shall be shown on plans so that
they can be approved. The maximum travel distance to a fire extinguisher is 75 ft. Fire
extinguishers shall be installed in dedicated cabinets.
Egress:
61. Provide an egress plan that indicates the following: location of exits, travel distance to
exits, separation of exits and all portions of the means of egress including exit access, exit
and exit discharge.
62. Perform and occupant load analysis that ensures the occupant load is clearly described and
calculated for all areas/rooms and uses. Provide a summary of analysis in tabular form.
63. Provide door and hardware schedules that give adequate hardware details to determine that
the correct locking hardware are being provided on all existing and new egress doors.
64. IF a locking device is utilized at the main front door in accordance with CFC 1010.1.9.3
#2 (i.e., deadbolt), note on plans that it shall be readily distinguishable as locked and key-
operated and a readily visible sign is posted on the egress side or adjacent to the door
stating: ‘THIS DOOR TO REMAIN UNLOCKED WHEN THIS SPACE IS OCCUPIED’.
The sign shall be in 1” high letters on contrasting background. This exception is only
applicable to one main entrance/exit in Group A of 300 or less occupants and Group, B,
F, M, and S occupancies.
65. All egress doors within a Group A occupancy shall be of the panic hardware type.
Exception would be ONE main door when occupant load does not exceed 300 in
accordance with CFC 1010.1.9.3 #2.
Electrical:
66. Provide required means of egress illumination on emergency/back-up power in
accordance with CFC section 1008.3. Provide a photometric drawing indicating means of
egress emergency/back-up illumination levels in the entire exit access has the proper
candela of an average minimum of 1ft candle per CFC section 1008.3.5 for the means of
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egress illumination. Ensure the illumination levels at any one point are at least .1ft candle
and provide a max-to-min illumination uniformity ratio that does not exceed 40 to 1.
67. Provide required illuminated exit signage in accordance with CFC section 1013. Locations
shall be shown on electrical and/or floor plans.
Mechanical:
68. Provide duct smoke detectors on the supply side of air distribution systems having a
capacity of greater than 2000 cubic feet per minute (CFM). This is a cumulative CFM
within the same space. When installing new air moving equipment, CVFD strongly
recommends factory installed duct detectors located within the air moving equipment.
69. Drawings shall show that keyed remote test switches with LED light indicators are
provided on the wall at no greater than 6 ft. for all duct smoke detectors.
70. The Applicant shall provide a note indicating that duct smoke detector activation will result
in the immediate loss of power to the air moving equipment. Air moving equipment serving
the same space shall be interconnected for global shutdown.
71. The Applicant shall provide specification sheets for detector type proposed and clearly
show where the duct smoke and/or fire dampers detector will be located in the form of a
cross-section detail. Factory installed duct detectors shall still be installed on the supply
side of the air moving equipment.
72. Mechanical duct penetrations through fire rated construction will require combination
smoke/fire dampers. The combination smoke/fire dampers will require keyed remote test
switches with LED light indicators provided on the wall at no greater than 6 ft. for all duct
smoke/fire dampers. Provide a specification sheet for the smoke/fire damper.
X. The following on-going conditions shall apply to the Project Site as long as it relies on this
approval:
73. The Project Site shall be developed and maintained in accordance with the approved plans,
which include site plans, floor plan, and elevation plan on file in the Planning Division, the
conditions contained herein, and Title 19 of the CVMC, as approved by DR19-0012.
74. Approval of the CUP shall not waive compliance with any sections of Title 19 of the
CVMC, nor any other applicable City Ordinances, laws and regulations in effect at the time
of Building Permit issuance.
PC EIR20-0001/CUP19-0010
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75. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless the City, its Planning Commission, City Council members, officers,
employees and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney’s fees (collectively,
liabilities) incurred by the City arising, directly or indirectly, from (a) City’s approval and
issuance of this Conditional Use Permit, any and all environmental determinations for the
Project and (c) City’s approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated on the Project
Site. The Property Owner and Applicant shall acknowledge their agreement to this
provision by executing a copy of this CUP where indicated below. The Property Owner’s
and Applicant’s compliance with this provision shall be binding on any and all of the
Property Owner’s and Applicant’s successors and assigns.
76. All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Applicant as to
any or all of the Property.
77. The Applicant shall comply with all requirements and guidelines of the City’s General
Plan; the City’s Growth Management Ordinance; Chula Vista Landscape Manual, Chula
Design Plan and the Non-Renewable Energy Conservation Plan as amended from time to
time, unless specifically modified by the appropriate department head, with the approval
of the City Manager. These plans may be subject to minor modifications by the appropriate
department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the Planning Commission.
78. If any of the terms, covenants or conditions contained herein shall 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 including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted; institute and prosecute litigation to compel their compliance with
said conditions; and/or seek damages for their violation. The Applicant shall be notified
10 days in advance prior to any of the above actions being taken by the City and shall be
given the opportunity to remedy any deficiencies identified by the City.
79. This CUP shall become void and ineffective if not utilized within three years from the
effective date thereof, in accordance with Section 19.14.600 of the CVMC.
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XI. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution begins on the effective date of this resolution and any
such protest must be in a manner that complies with Government Code Section 66020(a)
and failure to follow timely this procedure will bar any subsequent legal action to attack,
set aside, void or annual imposition. The right to protest the fees, dedications, reservations,
or other exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection with the Project; and it does not apply to any
fees, dedication, reservations, or other exactions which have been given notice similar to
this, nor does it revive challenges to any fees for which the Statute of Limitations has
previously expired.
XII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines
provided below, indicating that the Property Owner and Applicant have each read,
understood and agreed to the conditions contained herein, and will implement same. Upon
execution, this document shall be recorded with the County Recorder of the County of San
Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped
copy returned to the City’s Development Services Department. Failure to return the signed
and stamped copy of this recorded document within 10 days of recordation shall indicate
the Property Owner/Applicant’s desire that the Project, and the corresponding application
for building permits and/or a business license, be held in abeyance without approval.
________________________________ _______________________
Signature of Property Owner Date
________________________________
Printed Name of Property Owner
________________________________ _______________________
Signature of Applicant Date
________________________________
PC EIR20-0001/CUP19-0010
Page 19
Printed Name of Applicant
XIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision, and condition herein
stated; and that in the event that any one or more terms, provisions, or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable,
this resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect ab initio.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista
on the basis of the findings as set forth above hereby certifies Final EIR-20-0001 and adopts the
Findings of Fact (Exhibit “1” to this Resolution) in accordance with CEQA Guidelines Section
15091 and approves CUP 19-0010 subject to the conditions of approval contained herein.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this _____ day of ____________ _______, by the following
vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Max Zaker, Chair
ATTEST:
____________________________
Patricia Salvacion, Secretary
Presented by: Approved as to form by:
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_________________________ ____________________________
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney