HomeMy WebLinkAboutReso 2022-011 - Sharp Medical Office expansion of medical services Attachment 5
RESOLUTION NO. 2022-011
RESOLUTION OF THE PLANNING COMMISSION APPROVING A
CONDITIONAL USE PERMIT (CUP21-0019) TO AMEND PCC-00-12 TO
ALLOW FOR THE EXPANSION OF MEDICAL SERVICES ON 4.67 ACRES
LOCATED AT 1400 EAST PALOMAR STREET WITHIN VILLAGE ONE OF
THE OTAY RANCH SECTIONAL PLANNING AREA ONE
WHEREAS, on February 8, 2022, a duly verified application for a Conditional Use Permit
(“CUP”) (CUP21-0019) was filed with the City of Chula Vista (“City”) Development Services
Department by Sharp Rees-Stealy Medical Group (“Applicant/Owner”); and
WHEREAS a CUP is required for multi-specialty medical clinics in the Commercial zone
of Village One of the Otay Ranch Sectional Planning Area (“Village One SPA”) One, pursuant to
the Village One SPA Plan; and
WHEREAS the use is proposed in conjunction with a Design Review (“DR”) Permit
(DR21-0029) for development known as “Sharp Rees-Stealy Otay Ranch Expansion” (“Project”);
and
WHEREAS the Project area is located at 1400 East Palomar Street, is made up of one
parcel within the Village Core, located southwest of the intersection of East Palomar Street and
Santa Andrea Street and identified by Assessor Parcel Number 642-560-01-00 (“Project Site”);
and
WHEREAS the Director of Development Services has reviewed the project for compliance
with the California Environmental Quality Act (“CEQA”) and determined that the Project was
adequately covered by a Mitigated Negative Declaration (“MND”) (IS21-0005) and its associated
Mitigation, Monitoring, and Reporting Program (“MMRP”) contained at Section 2.2 of the MND;
and
WHEREAS the Director of Development Services set the time and place for a hearing on
the Design Review Permit application, and notice of the 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 10 days
prior to the hearing; and
WHEREAS the hearing was held at the time and place as advertised in the Chula Vista
City 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 makes the following findings:
DocuSign Envelope ID: 0E49FECB-3E25-4BE1-B2A6-D18A773D1DE3
PC Resolution CUP
December 14, 2022
Page 2
1. That the proposed use at this location is necessary or desirable to provide a service or
facility which will contribute to the general well -being of the neighborhood or
community.
The proposed use would expand existing medical services to include urgent care, advanced
radiology, a new lab and small conference center for training and clinics at this location. In
doing so, this will allow for the provision of additional local services and require less travel
outside the city for patients to receive care. The use will provide convenient access to
services, such as urgent care, that are not currently provided at this location. The proposed
use is within walking distance for nearby residents and within a half-mile of public transit.
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 has been reviewed by City staff and appropriate conditions have been
imposed to ensure that the health, safety, and general welfare of employees and nearby
residents are not endangered. The proposed use is consistent with the existing medical uses
currently provided on the site. Traffic analyses have been used to condition right-of-way
improvements that will address future transportation concerns.
3. The proposed use will comply with the regulations and conditions specified in this title
for such use.
The proposed development will require compliance with all conditions, codes, regulations,
and standards as set forth within the Village One SPA Plan, the Planned Community
Development Regulations, the City’s Design Guidelines, the Master Precise Plan, the Chula
Vista Municipal Code (“CVMC”), and the Landscape Master Plan.
4. The granting of this conditional use will not adversely affect the General Plan of the
City or the adopted plan of any governmental agency.
The proposed use is consistent with the City’s General Plan by providing a medical office
for residents and offering expanded access to medical services within Chula Vista.
BE IT FURTHER RESOLVED that the Planning Commission, based on the findings
above, does hereby approve the Conditional Use Permit subject to the following conditions:
I. Unless otherwise specified, the following shall be accomplished to the satisfaction of the
Director of Development Services or their designee prior to issuance of Building
Permits:
DocuSign Envelope ID: 0E49FECB-3E25-4BE1-B2A6-D18A773D1DE3
PC Resolution CUP
December 14, 2022
Page 3
Planning
1. The Applicant shall not permit the noise level emanating from any commercial use to
exceed the standards established in the CVMC.
2. The Project shall conform to Section 9.20.055 of the CVMC regarding graffiti control
or as approved by the Director of Development Services.
3. All ground-mounted utility appurtenances, such as transformers, air conditioner
condensers, etc., shall be located out of public view and adequately screened using a
combination of concrete or masonry walls, berming, and/or landscaping, to the greatest
extent possible.
4. Rooftop equipment, including, but not limited to air conditioning units and mechanical
equipment, shall be shielded and architecturally screened from views from on-site
parking areas, adjacent public streets, and residential uses within the Village Core.
5. All light sources shall be shielded in such a manner that the light is directed away from
streets or adjoining properties. Illuminators should be integrated within the architecture
of the building.
6. All utility connections shall be designed to coordinate with the architectural elements
of the building so as not to be exposed to public view except where required by utility
providers.
7. All proposed signage/monumentation shall conform to the approved Village One and
Five Sign Program, as well as the Village One Master Precise Plan.
8. This approval shall include medical clinic uses, such as, radiology, physical therapy,
gynecology, optometry, lab conference space for clinics and classes. The second floor
will include specialty clinics such as, oncology; dermatology; ear, nose, and throat;
histology; and audiology as well as those uses as described in the previously approved
CUP (PCC-00-12) and include urgent care but without ambulatory care. The Applicant
shall apply for an amendment to the CUP for any uses not included within this CUP or
in the original CUP.
9. The Applicant shall adhere to daily hours of operation of 7:30 a.m. to 10 p.m.. The
applicant shall apply for an amendment to the CUP to modify the hours of operation.
Land Development
10. The Applicant shall construct and maintain the Project Site in accordance with the
approved plans, which include the site plans, floor plans, elevations, and landscape
plans on file with the Planning Division, and with the conditions contained herein, and
shall comply with all requirements and guidelines of the CVMC; the City’s Subdivision
Manual; the City’s Design and Construction Standards; the Development Storm Water
DocuSign Envelope ID: 0E49FECB-3E25-4BE1-B2A6-D18A773D1DE3
PC Resolution CUP
December 14, 2022
Page 4
Manual for Development and Redevelopment Projects; the City’s Grading Ordinance
No. 1797; and the State of California Subdivision Map Act.
11. The Applicant shall apply for a Land Development Permit, reviewed and approved by
the Land Development Division, consistent with the applicable provisions of Section
15.04 of the CVMC, the City’s most recent Best Management Practices (“BMP”)
Design Manual, and the City’s Subdivision Manual. This permit shall reflect all
grading required to create building pads, as well as any storm drainage systems
necessary to address drainage leaving the site.
12. The Applicant shall be responsible for all costs associated with retiming the traffic
signal at the intersection of East Palomar Street and Santa Rita Street/Monarche Drive
and shall contribute their fair share toward Adaptive Traffic Signal Control
improvements at the same intersection.
13. The Applicant shall be responsible for all costs associated with retiming the traffic
signals at the intersections of East Palomar Street and La Media Road and East Palomar
Street and Santa Andrea Street.
14. Any offsite work will require Letters of Permission from the offsite property owner(s)
prior to approval of the grading plan and issuance of a Grading Permit.
15. The following shall apply to all Project retaining walls:
a) All retaining walls shall be noted on the grading plans and include a detailed
wall profile.
b) Structural wall calculations shall be required for walls not built per San
Diego Regional Standard Drawings (“SDRSD”) or City of Chula Vista
Construction Standard GRD-05.
c) Retaining walls that will be part of a building wall must be approved as part
of the Building Permit for the Project.
d) Retaining walls around trash bins shall be noted on the grading plans and
called out per the applicable standard.
e) Retaining wall drains shall tie into the drainage system.
16. The Storm Water Quality Management Plan (“SWQMP”) is conceptually complete and
provides adequate information on the project BMP’s objectives to move forward with
construction drawings. Additional requirements may be established at the time of
development and/or Land Development Permit application depending upon final plans
submitted for review and approval. Prior to approval of the grading plans, the Applicant
shall submit a final SWQMP, based on the City’s most recent BMP Design Manual,
and a Final Drainage Report, based on the City’s Subdivision Manual, for review and
approval.
17. The Drainage Report is conceptually complete and provides adequate information on
the project’s drainage objectives to move forward with construction drawings.
DocuSign Envelope ID: 0E49FECB-3E25-4BE1-B2A6-D18A773D1DE3
PC Resolution CUP
December 14, 2022
Page 5
Additional requirements may be established at the time of development and/or Land
Development Permit application depending upon final plans submitted for review and
approval. Prior to approval of the grading plans, the Applicant shall submit a final
Drainage Report, based on the City’s Subdivision Manual, for review and approval.
18. Prior to the issuance of the first Grading or Construction Permit, the Applicant shall
enter into a Storm Water Management Facilities Maintenance Agreement to
perpetually maintain and fund all post-construction permanent BMP facilities within
the Project Site, to the satisfaction of the Director of Development Services.
19. The Applicant shall submit detailed Operation and Maintenance (“O&M”) plans for all
permanent BMPs to preserve the intended pollution control and/or flow control
performance of the BMPs. Upon completion of construction, the Applicant shall
update/finalize the O&M plan(s) with as-built plans and baseline photos.
20. Prior to the issuance of any Building Permit within the Project, the Applicant shall
provide the City with proof of Pad Certification.
21. Prior to issuance of the first Building Permit, the Applicant shall obtain a Construction
Permit and provide bonds for all work to be completed in the City’s right-of-way,
including, but not limited to:
a) Removal and replacement of any broken or damaged curb, gutter, and
sidewalk along the East Palomar Street and Santa Andrea Street frontages
per SDRSD G-02 and G-07, to the satisfaction of the City Engineer.
Sidewalk shall be designed and constructed with proper transitions to
existing conditions.
b) Replacement of existing driveway(s) not meeting the City’s Design
Standards or Americans with Disabilities Act (ADA) standards, or if
existing driveways are cracked or broken.
c) Upgrading existing pedestrian ramps at both proposed vehicular access
points along Santa Andrea Street to current City and/or ADA standards.
Prior to construction, pedestrian ramps shall have five feet of red curb,
installed from the top of the wing, along Santa Andrea Street. After
construction, the red curb shall be re-installed as required. A note to this
affect shall be placed on the construction plans.
d) Increasing the turn bay storage for the westbound left turn lane from 140
feet to 250 feet at the intersection of East Palomar Street and Santa Andrea
Street.
22. Upon approval by the San Diego Metropolitan Transit System (“MTS”), the
Applicant shall install a bench and trash can at the East Palomar Street/Santa Andrea
Street bus stop (ID #39056).
23. The Applicant shall monitor parking conditions on a weekly basis for the duration of
construction to ensure enough off-street parking is provided. The operator shall ensure
DocuSign Envelope ID: 0E49FECB-3E25-4BE1-B2A6-D18A773D1DE3
PC Resolution CUP
December 14, 2022
Page 6
that any temporary parking facilities are accessible to proposed users (e.g., provided on
level terrain, with an adequate ADA path of travel, etc.) for the duration of construction.
Upon notification from the City regarding parking spillover or other parking
deficiencies, the operator shall meet and confer with City staff and implement
necessary measures to rectify the identified parking deficiencies.
24. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall
be required as necessary.
25. The Applicant shall obtain and provide to the City a “Will Serve” letter from the Otay
Water District.
26. The Applicant shall verify that the affected portion of the Otay Water District’s
easement has been vacated.
27. Proposed private water and fire lines/structures shall be submitted on a separate
Building Plan and permitted by the Building Division and Fire Department.
28. Any improvements in the right-of-way beyond the project limits shall be designed and
constructed not to interfere with adjacent businesses, as approved by the City Engineer.
29. The proposed onsite sewer and storm drain system(s) shall be private. All sewer laterals
and storm drains shall be privately maintained from each building unit to the City-
maintained public facilities.
30. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking shall be
designed to meet the City’s Design Standards, ADA standards, and Title 24 standards,
as applicable.
31. All driveways shall conform to the City’s sight distance requirements in accordance
with Section 12.12.120 of the CVMC and Chula Vista Standard Drawing RWY-05
(Sight Distance Requirements). Neither landscaping, street furniture, nor signs shall
obstruct the visibility of drivers at street intersections or driveways.
32. Proposed fire access road(s) and driveway(s) shall meet H-20 Loading requirements or
shall be designed for a Traffic Index of five.
33. Prior to issuance of a Construction Permit, the Applicant shall obtain an Encroachment
Permit from the City for any private facilities, temporary or permanent, within the
public right-of-way or a City easement.
34. Prior to the issuance of the first Grading or Construction Permit, the Applicant shall
verify with existing easement holders that the proposed private facilities, whether
temporary or permanent, will be allowed within their easement(s).
DocuSign Envelope ID: 0E49FECB-3E25-4BE1-B2A6-D18A773D1DE3
PC Resolution CUP
December 14, 2022
Page 7
35. All new or existing utilities serving the subject property, as well as existing utilities
located within or adjacent to the subject property, shall be installed underground in
accordance with Section 15.32 of the CVMC.
36. Upon approval of the Grading Plan, the Applicant shall upload digital files in a format
such as AutoCAD (.dwg or .dxf), ESRI GIS shapefile, or personal geodatabase. The
files should be transmitted directly to the GIS section using the City's digital submittal
file upload website at http://www.chulavistaca.gov/goto/GIS. The data upload site
only accepts zip formatted files.
Landscape Architecture
37. Prior to the final building inspection, the Applicant shall install the approved landscape
improvements to the satisfaction of the City’s Landscape Inspector and the Director of
Development Services or their designee.
Building
38. The project shall comply with California Building, California Mechanical, Plumbing,
Electrical, Fire, and Energy Codes, as adopted and amended by the State of California and
the City, as well as the City’s Green Building ordinance (CVMC 15.12), in effect at the
time of Building Permit application.
Economic Development
39. The Applicant shall comply with the construction debris recycling requirements,
including providing a performance deposit and Waste Management Report.
Fire
40. The applicant shall submit an Auto-turn Exhibit showing that the Chula Vista Fire
Department can access all portions of the revised on-site roadway.
II. The following on-going conditions shall apply to the Project Site as long as it relies on
this approval:
41. The Applicant/Owner shall comply with all applicable mitigation measures in
accordance with Final Mitigated Negative Declaration (IS21-0005) and its associated
Mitigation, Monitoring, and Reporting Program contained at Section 2.2 of the Final
Mitigated Negative Declaration.
42. Approval of the Conditional Use Permit shall not waive compliance with any sections
of Title 19 of the CVMC nor any other applicable laws and regulations in effect at the
time of Building Permit issuance.
43. The Applicant/Owner shall and does agree to timely and fully indemnify, reimburse,
protect, defend, and hold harmless the City, its City Council members, Planning
DocuSign Envelope ID: 0E49FECB-3E25-4BE1-B2A6-D18A773D1DE3
PC Resolution CUP
December 14, 2022
Page 8
Commission members, officers, employees, and representatives from and against any
and all liabilities, losses, damages, demands, claims, and costs, including any costs and
expenses to prepare the administrative record for any challenge to the Project approvals
and/or compiling a response to a Public Records Act request(s) to provide the record
of proceedings materials for the Project, the City’s costs to retain its own defense
counsel to defend any challenge to any Project-related approvals, court costs, and
attorney’s fees (collectively, liabilities) incurred by the City arising, directly or
indirectly, from (a) any environmental determinations and approvals; (b) the City’s
approval and issuance of this permit; and (c) the 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 Applicant/Owner shall acknowledge their
agreement to this provision by executing a copy of this permit where indicated below.
The Applicant/Owner’s compliance with this provision shall be binding on any and all
of the Applicant/Owner’s successors and assigns.
44. This permit shall expire if not utilized within three years of the approval date or the end
of any appeal period unless the Applicant initiates an extension prior to expiration of
the permit in accordance with Section 19.14.600 of the CVMC.
III. GOVERNMENT CODE SECTION 66020(d)(1) 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 resolu tion; that any
such protest must be in a manner that complies with Government Code Section 66020(a);
and that failure to follow this procedure in a timely manner will bar any subsequent legal
action to attack, review, set aside, void, or annul imposition. The right to protest the fees,
dedications, reservations, or other exactions does not apply to planning, zoning, grading, or
other similar application processing fees or service fees in connection with this project, nor
does it apply to any fees, dedication, reservations, or other exactions that have been given
notice similar to this, nor does it revive challenges to any fees for which the statute of
limitations has previously expired.
IV. EXECUTION OF RESOLUTION OF APPROVAL
The Applicant/Owner shall execute this document by signing on the lines provided below,
indicating that the Applicant/Owner has read, understood, and agreed to the conditions
contained herein and will implement the same. Upon execution, this document shall be
signed and returned to the City’s Development Services Department.
________________________________ _______________________
Tony Guerra Date
Interim VP Facilities Management and Development
Sharp Rees-Stealy Medical Center
DocuSign Envelope ID: 0E49FECB-3E25-4BE1-B2A6-D18A773D1DE3
PC Resolution CUP
December 14, 2022
Page 9
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to be met, or in the case that they are, by their terms,
to be implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions; or seek damages for their violation. Failure
to satisfy the conditions of this permit may also result in the imposition of civil or criminal
penalties.
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, this
Resolution and the permit shall be automatically revoked and of no further force and effect.
Presented by: Approved as to form by:
_________________________ ________________________
Laura C. Black, AICP Glen R. Googins
Interim Director of Development Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 14th day of December 2022, by the following vote, to-wit;
AYES: Burroughs, Combs, De La Rosa, Felber, Milburn, Torres, Zaker
NOES: 0
ABSENT: 0
ABSTAIN: 0
_________________________
Max Zaker, Chair
ATTEST:
________________________
Patricia Salvacion, Secretary
DocuSign Envelope ID: 0E49FECB-3E25-4BE1-B2A6-D18A773D1DE3