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HomeMy WebLinkAboutReso 2022-026RESOLUTION NO. 2022-026 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE APPEAL BY BRAD DAVIS AND THEREBY DENYING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT CUP19-0010 AND DESIGN REVIEW PERMIT DR19-0012 TO CONSTRUCT A ONE-STORY, 97,050 SQUARE-FOOT BUILDING CONSISTING OF A 120-BED ACUTE PSYCHIATRIC HOSPITAL ON A 10.5-ACRE SITE LOCATED AT 830 AND 831 SHOWROOM PLACE WITHIN THE URBANIZED NORTHEAST PORTION OF THE CITY KNOWN AS EASTLAKE BUSINESS CENTER II WHEREAS, 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 10.5-acres located at 830 and 831 Showroom Place within the urbanized northeast portion of the City known as Eastlake Business Center II (the “Project Site”); and WHEREAS, on May 20, 2019, Eastlake Behavioral Health, LLC (the “Applicant”) submitted duly verified applications requesting approval of Conditional Use Permit Application CUP19-0010 and Design Review Application DR19-0012 which were filed with the City of Chula Vista Development Services Department; and WHEREAS, said Applicant requests approval of Conditional Use Permit Application CUP19-0010 and Design Review Application DR19-0012 to construct a 97,050 square-foot building consisting of a 120-bed acute psychiatric hospital with associated parking and landscaping (the “Project”) on the Project Site; and WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the Project Site, at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the Planning Commission of the City of Chula Vista on November 10, 2021 in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staffs’ presentation; and WHEREAS, the Planning Commission on said date reviewed the Project for compliance with the California Environmental Quality Act (“CEQA”) and certified Final Environmental Impact Report (“FEIR”), FEIR20-0001; and DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. 2022-026 Page No. 2 WHEREAS, on November 17, 2021, Brad Davis (the “Appellant”) filed an appeal of the Planning Commission’s Decision to approve Conditional Use Permit Application CUP19-0010 and Design Review Application DR19-0012 (the “Appeal”); and WHEREAS, the City Clerk set the time and place for the public hearing on the Appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least 10 days prior to the hearing; and WHEREAS, the City Council held a duly noticed public hearing to consider said Appeal at the time and place as advertised, namely January 25, 2022 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby make the following findings: I. ENVIRONMENTAL REVIEW That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings, considered FEIR20-0001 for the Project and adopts the proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project and FEIR-20-0001 as well as the Minutes and Resolutions resulting therefrom which hereby incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6 and that FEIR-20-0001 and the Findings of Fact (Exhibit “1” to the Planning Commission 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. Notwithstanding the foregoing, because City Council has affirmed the subject Appeal thereby denying Conditional Use Permit, CUP19-0010 and Design Review, DR19-0012, Final Environmental Impact Report, FEIR20-0001 for the Project is hereby not certified. II. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does hereby reject the findings made by the Planning Commission contained in Conditional Use Permit Application CUP19-0010 and Design Review Application DR19-0012 for the Project, which are attached hereto and incorporated herein by this reference, and hereby makes the following additional 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. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. 2022-026 Page No. 3 This City Council finds that the Applicant has failed to provide sufficient evidence that this Project is necessary or desirable at this particular location. The Applicant has indicated that development at the particular site would be efficient and affordable (the site is vacant, mass graded, and has existing infrastructure), but such features are not equivalent to the proposed project being necessary and desirable” for the community. The Project Site does not provide a desirable location for the Project needs as it is not proximate to emergency medical facilities and is directly adjacent to single-family residential properties, located to the north and east. 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 City Council finds that under the circumstance of the particular case, there is insufficient evidence in the record that the Project will not be detrimental to the health, safety or general welfare of persons residing, working in or adjacent to the Project, and that there is evidence in the record with respect to the Project as proposed by this Applicant, including, without limitation, Applicant’s record of operations with respect to other similar projects, that the Project could be detrimental to the public health, safety, and general welfare of persons residing, working in or adjacent to the Project, and that such detrimental impacts cannot be adequately addressed by conditions to the Project. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista, based upon the above findings, does hereby determine that the Appeal that is the subject of this Resolution is AFFIRMED and that the determination of the Planning Commission is DENIED and that Planning Commission Resolutions, Conditional Use Permit, CUP19-0010 and Design Review, DR19-0012 dated November 10, 2021 have no further force and effect. SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. 2022-026 Page No. 4 Presented by Approved as to form by Tiffany Allen Glen R. Googins Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of January 2022 by the following vote: AYES: Councilmembers: Galvez, McCann, and Padilla NAYS: Councilmembers: Cardenas, and Casillas Salas ABSENT: Councilmembers: None Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2022-026 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of January 2022. Executed this 25th day of January 2022. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 HUNTE PWLANE AVPROCTOR VALLEY RD O T A Y L A K E S R D F E N T O N S T PROJECT LOCATION L:\Gabe Files\Arcmap Locator Template\Locators\CUP190010.ai.06.13.19 SCALE:FILE NUMBER: PROJECT DESCRIPTION: PROJECT ADDRESS:830 & 831 Showroom Place Project Summary: Proposal is for one-story 92,349 sq. ft. building consisting of a 120-bed Psychiatric Hospital with associated parking. Related cases: CUP19-0010No Scale DR19-0012 PROJECT APPLICANT:LOCATOR NORTH MISCELLANEOUSEastlake Behavioral Health, LLC CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT Exhibit A RESOLUTION NO. EIR20-0001/CUP19-0010 RESOLUTION OF THE PLANNING COMISSION 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 186 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 Development Services Director has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project would not have a significant effect on the environment; nonetheless, the Applicant chose to prepare an Environmental Impact Report (EIR), EIR20-0001; 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 DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 2 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 DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 3 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 COMMISSION 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 DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 4 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. VIII. NOTICE OF DETERMINATION DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 5 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 DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 6 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. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 7 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. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 8 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 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% 13. The Applicant shall comply with all Conditions of Approval and shall operate the Project in conformance with all standards, terms and conditions set forth in that certain EASTLAKE BEHAVORIAL HEALTH HOSPITAL Operational Profile, dated November 9, 2021, attached hereto and incorporated herein by this reference (the “Operational DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 9 Profile”). The Applicant shall meet and confer from time to time with City staff at the request of the Director of Development Services (or their designee) in order to review ongoing operations of the Project, confirm operational consistency with the Operational Profile and to discuss any occurring or proposed changes by the Applicant to the Operational Profile. Any such changes to the Operational Profile shall be subject to the reasonable approval of the Director of Development Services. Material changes to the Operational Profile with security or land use implications, in the discretion of the Director of Development Services, may require the Applicant to request an amendment to this Conditional Use Permit subject to the approval of the City Council. Nothing in this Condition of Approval shall absolve the Applicant’s obligations to comply with any and all other Conditions of Approval set forth in this Conditional Use Permit. 14. Upon request by the Director of Development Services, the Applicant shall demonstrate and provide verification of ongoing and current accreditation and licensing, and remain in good standing, with the State of California, the Joint Commission, the Centers for Medicare Medicaid Services and all major government (e.g. Medicare/Medi-Cal, Tricare) and commercial payers. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 10 Land Development Division/Landscape Architecture Division: 15. 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. 16. The Applicant shall comply with all applicable conditions of approval for Tentative Map No. CVT 00-02. 17. Prior to Building Permit issuance, the Applicant shall process a Lot Consolidation. 18. 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. 19. All driveways shall conform to the City of Chula Vista’s sight distance requir ements 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. 20. The proposed Fire Access shall meet H-20 Loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 21. 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. 22. 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: DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 11 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). 23. 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. 24. 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. 25. 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). 26. The Applicant shall provide the City with proof of Pad Certification prior to issuance of any Building Permit within the Project. 27. 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. 28. Separate permits for other public utilities (e.g., gas, electric, water, cable, telephone) shall be required, as necessary. 29. The Applicant shall obtain a Construction Permit for private utility connections to the public mains prior to Building Permit issuance. 30. 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. 31. 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. 32. 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. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 12 33. Before issuance of the first Building Permit, the Applicant shall provide the City a “Will Serve” letter from Otay Water District. 34. 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. 35. All trash enclosures shall be fully covered with a solid roof. 36. 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) 37. 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: 38. 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. 39. 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. 40. 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 DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 13 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. 41. Provide a complete and thorough Project Scope section that includes all proposed work. 42. Reproduce and sign the Chula Vista Fire Department (CVFD) Construction Site Policy Agreement onto plans. 43. 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: 44. 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) 45. 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: DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 14 46. 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. 47. 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. 48. 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). 49. 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. 50. 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. 51. 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. 52. 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: DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 15 53. 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. 54. Based upon the required fire flow for Type IB construction type, a minimum of 4 fire hydrants are required to serve this Project. 55. 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. 56. 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). 57. 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: 58. 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. 59. 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: DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 16 60. 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 61. 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: Fire Sprinkler Fire Alarm – Enter Type of System required Kitchen Hood Fire Suppression System Fire Service Underground Fire Extinguishers: 62. 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: 63. 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. 64. 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. 65. 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. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 17 66. 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. 67. 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: 68. 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 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. 69. Provide required illuminated exit signage in accordance with CFC section 1013. Locations shall be shown on electrical and/or floor plans. Mechanical: 70. 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. 71. 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. 72. 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. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 18 73. 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. 74. 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: 75. 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. 76. 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. 77. 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. 78. 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. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 19 79. 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. 80. 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. 81. 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. 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, DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 20 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 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. Presented by: Approved as to form by: DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Resolution No. Page 21 Tiffany Allen Glen R. Googins Director of Development Services City Attorney DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 RESOLUTION NO. DR19-0012 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING DESIGN REVIEW PERMIT DR19-0012 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 Design Review Permit (DR 19-0012) 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 Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) 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), EIR20-0001; and WHEREAS, EIR 20-0001 does not identify any potential significant environmental impacts caused by the Project; therefore, no Mitigation Monitoring and Report Program (MMRP) is required; and WHEREAS, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on the Design Review Permit (DR19- 0012). Notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, 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. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does hereby find and determine as follows: I. DESIGN REVIEW 1. That the proposed development will be consistent with the City of Chula Vista’s General Plan and Title 19 of the Municipal Code. The Project is consistent with the City of Chula Vista’s General Plan and Title 19 of the Chula Vista Municipal Code (CVMC). The Project will be strategically situated on the site such that it is located at the approximate rear third portion of the parcel that is flat and elevated which will minimize views from the surrounding residential uses to the north. The parcel is surrounded by industrial and commercial uses similar in design and scale of the Project. In addition, the proposed location of the building and associated parking, along with building elevations, are such that all required development standards of the BC-4 zone are being met. A series of architectural site sections and perspectives demonstrate that the topography, proximity of uses, proposed wall and fencing, and landscaping would provide sufficient visual screening and protection between the property and the neighbors. 2. The design features of the proposed development are consistent with, and are a cost - effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. The design features are a cost-effective method of satisfying the City of Chula Vista Design Manual and Landscape Manual. The design of the building incorporates several desired features in accordance with the City of Chula Vista Design Manual such as varied facades and roof articulation with a modern architectural theme that matches the precedent form and volume of the surrounding neighborhood. Linear massing of the building breaks up a series of wall pane off-sets including reveal lines and pop-out features and canopies to provide a staggering of the building façade. Vertically, the building uses height and roofline variations, different colors, varying fenestration and wainscot to create both interest and shadows that provides vertical relief. BE IT FURTHER RESOLVED, that the Planning Commission, based on the findings above, hereby approves the Design Review Permit subject to the following conditions: II. 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: DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 3 Planning: 1. Prior to the 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 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. 3. 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. 4. 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. 5. 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 concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Director of Development Services. 6. Prior to the issuance of the first Building Permit, 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. 7. 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. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 4 Land Development Division/Landscape Architecture Division: 8. 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. 9. The Applicant shall comply with all applicable conditions of approval for Tentative Map No. CVT 00-02. 10. Prior to Building Permit issuance, the Applicant shall process a Lot Consolidation. 11. 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. 12. All driveways shall conform to the City of Chula Vista’s sight distance requirements in accordance with CVMC Section 12.12.120 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. 13. The proposed Fire Access shall meet H-20 Loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 14. 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. 15. 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 CVMC 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). DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 5 16. 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. 17. 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. 18. The Applicant must ensure that all roof drains are directed toward the treatment facilities as proposed per the Storm Water Quality Management Plan (SWQMP). 19. The Applicant shall provide the City with proof of Pad Certification prior to issuance of any Building Permit within the Project. 20. 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. 21. Separate permits for other public utilities (e.g., gas, electric, water, cable, telephone) shall be required, as necessary. 22. The Applicant shall obtain a Construction Permit for private utility connections to the public mains prior to Building Permit issuance. 23. 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. 24. 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. 25. 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. 26. Before issuance of the first Building Permit, provide a “Will Serve” letter from Otay Water District. 27. Any private facilities (if applicable) within public right-of-way or City easement will require an Encroachment Permit prior to improvement plan or Building Permit approval. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 6 28. All trash enclosures shall be fully covered with a solid roof. 29. Prior to the second submittal of the Building Permit set, 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) 30. Prior to the final building inspection, the Owner shall have installed landscape improvements in accordance with approved landscape improvement plans to the satisfaction of the Director of Development Services or designee. Fire/Building Department: 31. 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. 32. 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. 33. Provide a Fire Notes Section that includes the following notes: a. To schedule a fire inspection, contact The Chula Vista Fire Department at (619) 691-5029 b. Project shall comply with California Fire Code 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. 34. Provide a complete and thorough Project Scope section that includes all proposed work. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 7 35. Reproduce and sign the Chula Vista Fire Department (CVFD) Construction Site Policy Agreement onto plans. 36. 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: 37. 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) 38. Perform a building analysis that indicates compliance with 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: 39. 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. 40. 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. 41. 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). DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 8 42. 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. 43. 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. 44. 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. 45. 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: 46. 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. 47. Based upon the required fire flow for Type IB construction type, a minimum of 4 fire hydrants are required to serve this project. 48. Fire Hydrants shall be located and spaced in accordance with California Fire Code, 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. 49. 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 DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 9 fire hydrants and mains shall be provided. (All exteriors walls of a building shall be within 400 feet of a fire hydrant). 50. 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 of Chula Vista Land Development Department. Automatic Fire Sprinkler Systems: 51. This Project is to be protected throughout by an approved automatic fire sprinkler system in accordance with section 903.2.6 of the CA Fire Code (NFPA 13). Provide a note in the fire/general notes section indicating such. 52. Provide a fire control room in accordance with the City of Chula Vista Fire Department Standard detail. Show required identification on door, regular and emergency lighting, and dimensions as required on the standard detail. Fire Alarm System: 53. This Project is to be protected throughout with an approved fire alarm system in accordance with section 907.2.6.2 of the CA Fire Code and NFPA 72. Provide a note in the fire/general notes section indicating such. Separate Submittals 54. 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: Fire Sprinkler Fire Alarm – Enter Type of System required Kitchen Hood Fire Suppression System Fire Service Underground DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 10 Fire Extinguishers: 55. 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: 56. 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. 57. 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. 58. 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. 59. 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. 60. 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: 61. 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 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. 62. Provide required illuminated exit signage in accordance with CFC section 1013. Locations shall be shown on electrical and/or floor plans. DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 11 Mechanical: 63. 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. 64. 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. 65. 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. 66. 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. 67. 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. III. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 68. Approval of this request shall not waive compliance with all sections of the CVMC, and all other applicable City Ordinances in effect at the time of building permit issuance. 69. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless 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 Design Review 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 Design Review Permit contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 12 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. 70. 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. 71. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista 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. 72. 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. 73. This Design Review Permit 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. IV. 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 DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 13 this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. V. 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 Printed Name of Applicant VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52 Planning Commission Resolution No. DR19-0012 Page 14 this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. 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: Tiffany Allen Glen R. Googins Director of Development Services City Attorney DocuSign Envelope ID: 06BDB2CF-5379-474C-BBCF-48DF36168B52