HomeMy WebLinkAboutRDA Agenda Packet 1991/11/07
91-0849
To:
II
Offlc. of Planning end R....rch
1400 Tenth Street, Rocn 121
Secr.-ento, CA 95814
Notice of Determination
>>XJ<
CCUlty Cl.rk
CCUlty of Son Diego
220 II. Ir_y
Son 0111I0, CA 92101
Third Floor, ROCII 3005
ellY OF
CHUlA VISTA
["20 lb L~ 'D'
lJ Annette J. Evans, Clerk u,v
FrOlll:
City of Chul. Viet.
P.O. lox 1087
Chul. Viet., CA 91912
N~~~
BY OE
i
St.bject:
,
Filing of Notice of D.te~inetion in compliance with Section 21108 or 21152 of the Public .esources Code.
SCRIPPS MEMORIAL HOSPITAL EXPANSION (EIR 90-07)
Proj.ct Tltl. Maryann Miller
SCH #90010569 City of Chula Vista
Stat. Cl.arlnghous. NlJllber L.ad Allenoy
elf.lbnItted.. CtNringhoUHI Contact Person
(619)476-5330
Ar.. Code/T.lephone/Extenslon
Project Loc.tion (include.aunty) 435 "H" Street, Chula Vista (San Die90 CountY)and including Assessor
Parcel Numbers: 568-370-30 to 34; 568-370-40, 42, 46, and 48.
Project D.scrlptlon: Expansion of existing 74,000 s.f. hospital to 446,344 s.f. with a 5 level
parking structure and additional surface parking totalling 878 parking spaces~ plus
124,500 s.f. of medical office space in separate medical office buildings. **~ee Attachment
This I. to advl.. th.t City of Chula Vista. 1rn.-pproved the lIbov. de.crlbed project on
"XI. Lead Allenoy / I R..ponslble Allenoy
Nnvpmhpr 7 1 qql end h.. _ the foll...lng deteMIIlnetlons reg.rdlng the above described project:
(O.te)
1. The project [)<?wlll I Iwlll not] hove. .Ianlflc.nt effect on the environment.
2. XXX/An Environnentat I~ct Report was prepared for this project pursuant to the provisions of CEQA.
I IA Negative Declaration was prepared for this project pursuent to the provisions of CECA.
3.
Mltlll.tlon ....ur..XErX~rel lwere not] _ . condition of the approv.1 of the project.
A .t.teoent of OVerriding Conslder.tions lYX~s I I..e not] adopted for this project.
1
4.
5. Finding,XrY~r.'lwere not] _ pur.uent to the provi.ions of CEllA.
Thi. II to c.rtlfy th.t .11 Envlr...-ntal D_t. end record of project approv.1 i. .vallabl. to the Gentr.1 .....Uc .t:
The Planning Deperteent
276 Fourth Avenue
Chul. VI.t., CA 91910
Yt1JJA-iJ fVJL l. J Iu..AP,
SIlInotur. (Public Alltncy)
November 8, 1991
Environmental Review Coordinator
EN-19
FILED II '1'HlIl OJ'l"IC:Z OJ' THE COUNTY CLERK.
BAN DIEGO COUNTY8 NOV 0 8 1991 . .
POSTED MO~ 0 B '. RE~roV:BDDfC n 9 t09t
RETURNED '1'0 AGEliCY ON 1 ::'-/jO/<1/
DEPUTY ~~ / "
ATTACHMENT TO NOTICE OF DETERMINATION
Scripps Memorial Hospital Expansion
EIR 90-07
City of Chula Vista
The proposed project consisted of the following discretionary actions:
1. Certification of Final EIR 90-07
2. Rejection-- Circinnus Corporation and H Street Business Coalition
Alternatives deeming owner participation rights waived and exhausted
3. Approval of Conditional Use Permit conditioning project, including
the implementation of the "No G Street Access" Alternative, deeming
consistency with the General Plan, Adoption of CEQA Findings,
Adoption of A Mitigation Monitoring and Reporting Program, Approval
of a Statement of Overriding Considerations, and making CUP Findings
4. Granting a Special Permit with conditions, one of which required
implementation of mitigation measures, another of which required
compliance with the Owner Participation Agreement, and another of
which required implementation of the "No G Street Access Alternative",
and another of which required implementation of the project as
described in the Final EIR.
5. Adoption of a Resolution of Necessity with regard to the use of the
property
6. The conduction by the City Council of a 33433 Hearing and approval of
the proposed sale of the property to Scripps as provided for in the
Owner Participation Agreement
7. Conduction by the Redevelopment Agency of a 33431 hearing approving
the sale of the property without public bid and approval of the
Owner Participation Agreement and authorizing execution of same.
California Department of Fish and Game
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location (include county):
Scripps Memorial Hospital Expansion, 435 H Street, Chula Vista, California
Assessor's Parcel Numbers: 568-370-30 to 34; 568-370-40, 42, 46, and 48.
Project Description:
Expansion of existing 74,000 s.f. hospital to 446,344 s.f. with a 5 level parking
structure and additional surface parking toalling 878 parking spaces, plus
a 124,500 s.f. medical office building. (Also see attachment)
Findings of Exemption (attach as necessary):
The proposed project will not have an impact upon fish or wildlife resources.
The site is presently developed with the Scripps Hospital and a variety of
commercial uses. All land on the project site is already disturbed and
developed. There are no sensitive biological resources on site. as
determined by the initial study that was conducted on the project site.
An EIR (EIR 90-07) was conducted for the project and also determined
that no significant biological impacts would occur with implementation of
the proposed project.
Certification:
I hereby certify that the City of Chula Vista has made the
above finding and that the project will not individually or
cumulatively have an adverse effect on wildlife resources, as
defined in Section 711.2 of the Fish and Game Code.
\..a , ) )1-( L I.{'
Dougla D. Reid
Environmental Review
City of Chula Vista
P. O. Box 1087
Chula Vista, CA 91912
Date: 1,.':tr!)fl<<-L't:'Jc I?, /,?Q/
RESOLUTION NO.
16405 .
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE SCRIPPS MEMORIAL
HOSPITAL EXPANSION PROJECT (EIR 90-07) SCH
#90010569.
The city Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, a draft Environmental Impact Report, dated March
1991, evaluating the proposed Scripps Memorial Hospital Expansion
Project was prepared and was. transmitted by the city of Chula
Vista, as lead agency, to all concerned parties for review and
comment; and
WHEREAS, notice of the availability of the draft Environmental
Impact Report was given as required by law; and
WHEREAS, written comments from the public on the draft En-
vironmental Impact Report were accepted from March 8, 1991 to April
22, 1991; and
WHEREAS, the city Planning Commission held a pUblic hearing
. and accepted public testimony on the draft Environmental Impact
Report on April 24, 1991; and
WHEREAS, based on new information raised in the public comment
period and at the pUblic hearing, a Recirculated Draft Environmen-
tal Impact Report, dated August 1991, was prepared; and
WHEREAS, the Recirculated Draft supersedes the previous Draft
Environmental Impact Report; and
WHEREAS, the Recirculated Draft Environmental Impact Report,
dated August 1991, evaluating the proposed Scripps Memorial
Hospital Expansion Project, was prepared and was transmitted by the
ci ty of Chula Vista to all concerned parties for review and
comment; and
WHEREAS, notice of the availability of the Recirculated Draft
Environmental Impact Report was given as required by law; and
WHEREAS, written comments from the public on the recirculated
Draft Environmental Impact Report were accepted from August 9, 1991
to September 25, 1991; and
scrp-eir.wp
October 31, 1991
Certification of EIR
Page 1
201
. .. . h' ,'>,
WHEREAS, the City Plann~ng Comm~ss~on held a publ~c ear~ng .,
and accepted public testimony on the Recirculated Draft Environ-
mental Impact Report on september 25, 1991; and
WHEREAS, agency and public comments have been addressed in the
Final Environmental Impact Report for Scripps Memorial Hospital
Expansion Project; and
WHEREAS, notice of the availability of the Final Environmental
Impact Report was given both to commentators on the Recirculated
Draft Environmental Impact Report on October 18, 1991 and to the
general public by newspaper publication in the star News on October
23, 1991; and
WHEREAS, written comments from the public on the Final Envi-
ronmental Impact Report were accepted from October 22, 1991 to
October 29, 1991; and
WHEREAS, written responses to comments on the Final Environ-
mental Impact Report have been prepared for lead agency review on
October 30, 1991; and
WHEREAS, the Final Environmental Impact Report was prepared in
accordance with the provisions of the California Environmental
Quality Act and its applicable Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the city council of the
City of Chula Vista does hereby find, determine, resolve and order
as follows:
1. The Final Environmental Impact Report.
The Final Environmental Impact Report for the Scripps Memorial
Hospital Project consists of:
A. Final Environmental Impact Report (EIR 90-07) SCH
#90010569, dated October 21, 1991, which contains
(1) a re-printed recirculated Draft EIR with
typographical and minor corrections; (2) Responses
to Comments on the Recirculated Draft, including an
Introduction, copies of comment letters on the
Recirculated Draft, and responses; and (3)
Attachment A: An Addendum to the Socioeconomic
Considerations Report; and
B. Appendices (A through M) to Environmental Impact
Reports for scripps Hospital Expansion Project,
dated August, 1991.
2. FEIR Reviewed and Considered.
scrp-eir.wp
October 31, 1991
certification of ErR
Page 2
202
The Final Environmental Impact Report has been reviewed and
considered by the City Council of the City of Chula Vista; and
3. Certification.
The Final Environmental Impact Report is hereby certified by
the City Council to have been completed in compliance with the
California Environmental Quality Act and all applicable guidelines.
4. Record of Proceedings.
That the City Clerk shall certify to the passage and adoption
of this resolution; shall cause the same to be entered in the book
of original resolutions, of said City; shall make a minute of the
passage and adoption thereof in the record of the proceedings of
the City Council of said City in the minutes of the meeting at
which same is passed and adopted.
1991.
Passed, approved and adopted this 7th day of November,
Tim Nader,
Mayor, City of Chula Vista
Attest:
City Clerk
City of Chula vista
(Seal)
scrp-eir.wp
Oc~ober 31, 1~9l
Certification of EIR
Page 3
203
council Resolution No. 16406.,
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA IMPOSING CONDITIONS
FOR THE GRANTING OF A CUP, ISSUING AN
UNCLASSIFIED/CONDITIONAL USE PERMIT
PURSUANT TO SECTION 19.54.020 TO THE
MUNICIPAL CODE, MAKING CEQA FINDINGS,
APPROVING A STATEMENT OF OVERRIDING
CONSIDERATIONS, ADOPTING A MITIGATION
MONITORING PROGRAM, FINDING CONSISTENCY
WITH THE GENERAL PLAN AND THE REDEVEL-
OPMENT PLAN, AND MAKING CUP FINDINGS.
WHEREAS, the property which is the subject matter of
this permit is a rectangular area of land approximately 13.6
acres bounded on the south by H Street, on the east by the
eastern boundary of parcel commonly known as 435 H Street
(the parcel on which the existing Scripps Hospital is
currently located), on the west by 5th Avenue, and on the
north by the southern boundary of the parcel on which the
Chula vista Junior High School is located, commonly known as
415 Fifth Avenue, and is diagrammatically presented in
Figure 5 of the Final Environmental Impact Report, Scripps
Memorial Hospital Expansion, EIR 90-07 ("FEIR"), a copy of
which is attached hereto as Exhibit A ("Property") and if
attached, as the area with the bolded territory designated
thereon; and,
WHEREAS, in conjunction with a plan for the expansion
of their existing hospital facility currently located on a
portion of the Property (to wit: 435 H street), Scripps
Memorial Hospital ("Scripps") has filed an application
("Application") with the City for the right to use the
entire Property for a hospital campus containing the
existing hospital and an expanded hospital, as well as
related medical facilities such as one or more medical
office buildings and surface and structured parking, all as
more fully set out in the proposed Scripps Hospital Owner
Participation Agreement ("OPA") and that Application
("Proposed Use") on file with the Director of the Planning;
and,
WHEREAS, pursuant to Chula vista Municipal Code Section
19.54.020 (H), the proposed hospital use of the Property is
an unclassified use as listed in Chapter 19.54; and
accordingly, may be allowed by the issuance of a conditional
use permit; and,
scrp-cup.wp
November 6, 1991
Reso re Scripps CUP
Page 1
1
WHEREAS, the Planning Commission did, on or about
November 6, 1991, conduct a duly noticed and neld public,
hearing at which it considered Scripps' Application; and,
WHEREAS, the Planning commission read and considered
the FEIR, and recommended to the City Council that the FEIR
be certified as being prepared in accordance with the
requirements of the California Environmental Quality Act
("CEQA"); and,
WHEREAS, the Planning Commission received certain
evidence as set forth in the record of said proceedings
incorporated herein by reference, made certain findings as
set forth in their recommending resolution, and recommended
to this City Council the approval of said Application on
certain terms and conditions by the adoption of their
Planning commission Resolution No. PGC~90-35.
WHEREAS, a public hearing was held before the City
Council on Scripps' Application for a Conditional Use Permit
("CUP Hearing") on or about November 7, 1991; and,
Now, therefore, the City Council of the City of Chula
vista does hereby find, determine, resolve and order as
follows:
1. Planning Commission and Design Review Record
Incorporated.
The proceedings before the Planning Commission and the
Design Review Committee on said Application, and the minutes
and resolutions resulting therefrom, are hereby incorporated
into the record of this proceeding.
2. EIR Compliance with CEQA.
The City Council has reviewed and considered EIR No.
90-07, the environmental impacts therein identified by the
project, the candidate findings attached hereto as Exhibit B
the proposed mitigation measures contained therein, the
Statement of Overriding Considerations attached hereto as
Exhibit D, and has found, by the adoption of Resolution No.
16405, that EIR No. 90-07 was prepared in accordance with
the requirements of CEQA and guidelines promulgated
thereunder.
scrp-cup.wp
November 6, 1991
Reso re Scripps CUP
Page 2
2
3. Grant of Use Permit on Conditions.
The City Council does hereby grant and permit the
Property to be put to the Proposed Use on the fOllowing
terms and conditions:
a. Environmental Impact Mitigation Measures
Implemented.
All environmental impact mitigation measures
("EIMM") in the nature and to the extent attached hereto as
Exhibit B shall be implemented, and Applicant's continued
right to use the Property in the manner herein permitted
shall be conditioned on the continued maintenance of all
such EIMM.
b. Compliance with OPA.
The Scripps Owners Participation Agreement, dated
November 7, 1991, between the Agency and Scripps shall be
approved by the City Council, and upon approval, Scripps
shall perform all covenants and promises therein contained
required of Scripps by said OPA, and Applicant's continued
right to use the Property in the manner herein permitted
shall be conditioned on the continued performance of all
executory obligations therein contained.
c. Other Conditions
1. Under section 19.58.360, the zoning wall
is not required along the north property line of the subject
site due to the fact that the adjacent areas will be
sufficiently screened and protected without said wall.
2. Future land uses, other than hospital
administrative offices, for the existing hospital tower
shall comply with the parking requirements of the Zoning
Ordinance.
3. This permit shall be subject to any and
all new, modified, or deleted conditions imposed after
adoption of this resolution to advance a legitimate
governmental interest related to health, safety or welfare
which the City shall impose after advance written notice to
the permittee and after the city has given to the permittee
the right to be heard with regard thereto. However, the
City, in exercising this reserved right to condition the
project may not impose a substantial expense or deprive
Permittee of a substantial revenue source which the
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November 6, 1991
Reso re Scripps CUP
Page 3
3
Permittee cannot, in the normal operation of the use permit,
be expected to economically recover.
4. Offsite parkina facilitv shall be
uparaded to meet current site desian standards (landscapina.
pavina. screenina. etc) .'
5. The offsite parkina improvement plans
shall be submitted to staff for final review and approval.
6. An encroachment permit shall be obtained
to iustifv the first phase encroachment of parkina onto the
public riaht-of-wav.
7. Phase ultimate hospital buildina. and
other buildinas which are part of the approved master plan
but not shown in Proponent's desian plan. shall be submitted
to the Desian Review Committee for consideration and
approval.
8. Turnaround shall be provided for the
parkina bav located directlv south of the existina hospital.
9. Existina roof mounted eauipment shall be
screened with compatible materials and finish treatment.
Desian shall be submitted to staff for final review and
approval.
10. A color and material plans for the
existina and proposed buildinas shall be submitted to staff
for final review and approval.
11. A comprehensive sian proaram shall be
submitted to staff for final review and approval.
12. Chain link fence alona the north
property line shall be vinYl coated type of a color to be
reviewed and approved bv staff.
13. Phase I - Landscapina Improvements
1. Additional landscape treatment shall
be provided alona the easterly edae of the proiect site.
adiacent to the apartment complex.
1. Please note that the Design Review Committee seems to
have requested a zoning wall along the north property line,
but the planning commission recommended its waiver.
scrp-cup.wp
November 6, 1991
Reso re Scripps CUP
Page 4
4
2. Phase I landscapinq shall address
the entire H street corridor. includinq the easterly por~ion
in front of the existinq hospital parkinq lot in such manner
as is approved bv staff. accordinq to the followinq
quidelines: A screeninq solution should be achieved throuqh
a combination of berminq and plant material. The finish
desiqn should satisfy screeninq requirements and retrofit
with the Ultimate site confiquration.
3. Existinq landscaped areas shall be
addressed in such manner as shall meet with the approval of
the Staff in the formal landscape and irriqation plans.
4. The conceptual landscape plan shall
address the medians on "H" Street in the manner approved bv
Staff.
5. All exterior landscapinq nodes
within the parkinq facility shall have a minimum dimension
of 6 ft.
6. Decorative hardscape shall be
clearlv defined on final plans. and shall be desiqned and
constructed as same may be approved bv Staff.
7. The site plans shall provide
walkthrouqh areas within both planters located west of the
new Hospital buildinq.
8. The seven tree well cutouts at the
"R" street and Fifth Avenue intersection shall incorporate
the use of tree qrates.
9. The parkinq area alonq Fifth Avenue
shall be effectively screened with a combination of berminq
and plant material.
10. The conceptual plans shall address
the proposed wall at the corner of "R" Street and Fifth.
to 36 inch boxed.
11. Street tree sizes shall be Upsized
12. Anv chanqes in the proposed water
feature desiqn shall be returned to the Desiqn Review
committee for review and approval.
14.
Ultimate Phase Landscapinq Improvements
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November 6, 1991
Reso re Scripps CUP
Page 5
5
1. Additional landscape "pockets". in
such number as mav be approved bv staff. shall be placed-
alonq the parkinq area in front of the new Administration
buildinq.
2. The conceptual plan shall address to
the satisfaction of Staff seatinq opportunities in all new
courtvard areas.
3. The ultimate tree palette chosen for
the southern elevation shall be a larqe "form" in nature for
scale with the buildinq (see staff sketch Ill.
4. The parkinq structure shall provide
perimeter plantinqs pockets.
d. No G Street Access.
The corridor from the Propertv to G Street shall
not be used bv Scripps. their quests. emplovees. or
invitees.
e. "Project" as described in EIR Implemented.
The project, as same is described in EIR No. 90-
07, except as same is required to be mitigated by the EIMM
approved by this Resolution or otherwise conditioned as
herein provided, shall be implemented and maintained by
Scripps.
4. Consistency with the General Plan
The proposed Project is consistent with the General
Plan for the following reasons:
A. This Property is within the Urban Core Area.
The General Plan, at page 1-33, defines the goals and
objectives of the Plan with regard to the Urban Core: "In
the future this area will expand both the concentration and
diversity of facilities continuing to reinforce its role as
the urban core of the city."
B. The General Plan, in Figure 10-1, at page lO-
ll, labeled: "Majoring Existing and Potential Facilities in
the Urban Core," recognizes the Scripps Hospital as an
existing use in the vicinity of Fourth Avenue. Furthermore,
it is a goal and objective of Urban Core planning that
"the activities in the urban core are complementary and
mutually reinforcing." Page 10-10, General Plan.
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November 6, 1991
Reso re Scripps CUP
Page 6
6
It is provided in the General Plan, at Page 10-3
and 10-4, under the heading, "Proposed Land Use," that, .
"primary elements of proposed land use are ... revitaliz-
ation of Town Centre II ..." The Scripps Hospital expansion
area is within the Town Centre II Redevelopment Area, and
this project would provide a revitalization of said area.
It is therefore consistent with this goal of the General
Plan.
It is provided in the General Plan, at Page 10-6
and 10-7, in a discussion of the goals and objectives for
the Central Chula Vista Area, under the heading, "GOAL 1.
URBAN GROWTH AND CHANGE", that "Central Chula vista and the
Urban Core in particular are likely to continue to undergo
transition from lower density to higher density activities
and through introduction of new and redeveloped commercial
and employment uses...Other changes will occur as part of
planned development and redevelopment efforts such as ...
Town Centres I and II. Through such changes, it is the goal
of Chula vista to foster the vitality and preeminence of
Central Chula vista and the Urban Core in particular as the
downtown and focus of the city." The Scripps Hospital
expansion proposal is a higher density use, and is a
redeveloped employment use. It is a change that will occur
as part of a planned redevelopment effort in Town Centre II.
The expansion of this hospital will foster the vitality and
preeminence of Central Chula vista as the downtown and focus
of the city. Therefore, the proposed Project is consistent
with this goal of the General Plan.
It is provided in the General Plan, at Page 10-7,
in a discussion of the goals and objectives for the Central
Chula Vista Area, under the heading, "GOAL 1. URBAN GROWTH
AND CHANGE", and under the subheading 10-7 "Objective 4",
that the city will, "Promote the consolidation of small lots
and redevelopment of comprehensively planned and designed
commercial and residential projects." The Scripps Hospital
expansion proposal would consolidate small lots into a
comprehensively planned project. Therefore, the proposed
Project is consistent with this goal of the General Plan.
It is further provided in the General Plan, at
Page 10-12, in a discussion of the Chula Vista Shopping
Center to the south of the Project, that "the expansion of
Town Centre II covers ten additional sites in the Central
Chula Vista area all located west of Fourth Avenue. These
include ... properties that have deteriorated. They are
expected to be subject to redevelopment individually as
warranted by market conditions and opportunities, in ac-
cordance with the general plan." The Scripps Hospital ex-
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November 6, 1991
Reso re Scripps CUP
Page 7
7
pans ion proposal would occur in an area which has deteri-
orated. It is warranted by the opportunity provided by .
scripps Hospital, which wishes to expand. Therefore, the
proposed Project is consistent with this goal of the General
Plan.
From the recognition in the General Plan that
Scripps is a major existing facility, taken together with
its complimentary and mutually reinforcing role as a sup-
plier of shoppers and users of other urban core services,
and taken in conjunction with the goal of permitting the
urban core to "expand both the concentration and diversity
of facilities", the goal of the revitalization of the Town
Centre II area, the goal of aChieving a higher density use
and redeveloped employment use, the goal of lot consolida-
tion into a comprehensively planned project, and the goal of
advancing redevelopment as serious opportunity presents
itself, the Decisionmaker's find that the proposed expansion
of the Scripps Hospital is consistent with the urban core
goals and objectives.
C. The Land Use Element recognizes that the
General Plan Map is not drawn with survey-like precision:
"The land use plan is a graphic expression of the
general plan's land use objective and plan proposals.
The diagram is not intended to be a precise map of the
city, but a generalized expression of patterns of land
use, circulation and public services.
"In particular, the plan should not be relied upon to
resolve issues of exact scale and distance. The
boundaries of specific land use areas require
interpretation with respect to underlying topographic
features, environmental characteristics and existing
land use." See General Plan, Page 1-16.
The General Plan uses the "bubble concept" of
planning--that is, that a particular designation may expand
or contract with the future needs and demands on existing
land uses. Thus, the exact boundaries of that portion of
the General Plan designating "retail commercial" in the
vicinity of the Project are considered by the Plan to be
flexible based on environmental characteristics and existing
land use. The immediate land use to the east of the
Project, on which the hospital is currently located, is
planned for Professional and Administrative Commercial. It
is consistent with the bubble planning concept of the
General Plan that this professional and administrative use,
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November 6, 1991
Reso re Scripps CUP
Page 8
8
to wit--the hospital existing use--may expand westerly to
the Project area.
D. The Land Use Element of the General Plan is
not the only criteria by which to judge consistency with the
General Plan. In fact, the General Plan contemplates that
other goals and objectives may override the land use
designation, as follows:
"The inclusion of a use in a category does not
necessarily mean that it is permitted in all areas
where that category is shown on the land use plan.
Also, the uses which are permitted in a particular area
are not limited to those examples listed in the
category. The city may determine that other uses,
similar in nature, can be permitted in a particular
area if other general plan requirements are satisfied
and the use satisfactorily addresses the following:
Compatibility with other uses
Circulation capacity
Urban design/site planning objectives
Availability of services
Environmental preservation
.The description [of a land use category] is meant
to be suggestive of examples, but not intended to be
exclusive of other possibilities. Creativity and
excellence in planning and design are expected and
shall be consistent with the objectives and policies of
the general plan." See the Land Use Element, at page
1-11, in the section entitled: "4. Land Use
Categories".
The Hospital Expansion Project is compatible with the
adjacent hospital use on the existing (Eastern Acreage")
site. As the EIR indicates, the proposed Expansion Project
will have sufficient circulation capacity, especially as
mitigated. It is an announced urban core objective to
permit a variety of mixed uses in the urban core and to
permit the expansion of existing public and quasi-public
facilities. All necessary public services, including
police, fire, water, sewer, gas, electricity, transportation
routes, etc., are readily available to the proposed
Expansion Project. Most all of the current environmental
condition will be preserved by the proposed project.
Furthermore, the proposed use does not violate any other of
the goals and objectives of the General Plan.
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November 6, 1991
Reso re Scripps CUP
Page 9
9
Therefore, all other General Plan requirements have
been satisfied, and the proposed use satisfactorily
addresses the areas of concern specified by the General
Plan. The General Plan contemplates the latitude of the
city to deviate as of right from a particular Land Use
Element designation in order to satisfy the broader goals
and objectives of the Plan. Such actions are entirely
consistent with the Plan, and are implemented by the
issuance of the Conditional Use Permit.
5. Consistency with the Redevelopment Plan
The proposed Project is consistent with the
Redevelopment Plan for the following reasons:
1. The Concept of Land Use Designations and
consistency is borrowed from the General Plan.
The Redevelopment Plan designation of Retail
commercial for this site was adopted after the General Plan
designation of Retail Commercial for this site. The land
use syntax used therein was borrowed from, and intended to
be consistent with, the words describing those concepts as
set forth in the General Plan. The concept of consistency
with such land use designations was similarly borrowed from
the General Plan.
2. The Use is Consistent with the General Plan.
As discussed in the preceding section of this
resolution, the proposed Project is consistent with the
General Plan.
3. The Redevelopment Plan Contemplates the
Floating Expansion or Establishment of Hospital Uses.
The Redevelopment Plan, itself, contemplates the
exercise of the redevelopment power regardless of which land
use designation is assigned to the Property if it is done to
permit the expansion of such public or quasi-public uses as
hospitals. At page 11 of the Redevelopment Plan, section
600.6, the Plan provides:
"The Agency is authorized to permit the establishment
and expansion of public or quasi-public uses and
facilities, such as, but not limited to malls,
promenades, parades, vest-pocket parks, and
transportation stations of facilities."
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November 6, 1991
Reso re Scripps CUP
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10
While a hospital is not a mall, promenades, etc.,
it is clearly identified as a public or quasi~public use-in
the General Plan, page 1-15, "Public and Quasi-Public Uses."
Since the language on page 11 of the Redevelopment Plan is,
by its terms, not exclusive, the Decisionmaker(s) find that
a hospital is a public or quasi-public use.
Hence, the Plan gives the Agency the overriding
right to redevelop in order to permit expansion or
establishment of public uses despite the land use
designations.
Furthermore, the Preface to the adoption of the
Redevelopment Plan, Page 2 of Town Centre No. II Project
Area Redevelopment Plan (Amended), states the redevelopment
intent with regard to the Urban Core is to provide medical
services, and provides: "Contrary to the typical 'bedroom'
image of similar cities in a major metropolitan area, Chula
vista has the potential of developing a complete urban core
providing a wide range of retail goods; commercial and
medical services; recreational centers; library, courts and
civic facilities; churches, parks and residential options.
There is a need to coordinate these opportunities so that
they are able to compliment one another and truly benefit
the citizens of Chula vista."
Accordingly, the Project is consistent, independent of
consideration of the General Plan, with the Redevelopment
Plan. The Proposed Use is consistent with the Town Centre
II Redevelopment Plan for the Project Area which, in the
land use element thereof, plans for the redevelopment of the
Property as Retail Commercial.
6. CEQA Findings and Statement of Overriding
Considerations.
a. Adoption of Findings.
The city Council does hereby approve, accept as
its own, incorporate as if set forth in full herein, and
make each and everyone of the CEQA Findings attached hereto
as Exhibit B. except as noted below in subsection (c).
b. Certain Mitigation Measures Feasible and
Adopted.
As more fully identified and set forth in Exhibit
B attached hereto, the Council hereby finds, pursuant to
Public Resources Code section 21081 and CEQA Guidelines
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November 6, 1991
Reso re Scripps CUP
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11
section 15091, that the mitigation measures described in the
EIR are feasible, and will become binding upon the city. .
c. Infeasibility of Alternatives.
As set forth in Exhibit B attached hereto except
for the "No G Street Access" alternative, the Council hereby
finds that none of the proposed project alternatives set
forth in the Final EIR can feasibly and substantially lessen
or avoid the potentially significant adverse cumulative
environmental effects that will not be substantially
lessened or avoided by the adoption of all feasible
mitigation measures. The Council specificallY reiects the
lanquaqe in Exhibit B. relatinq to the "No G Street Access"
alternative (Exhibit B. Section IX (C) (2). which states
that the No G Street Access Alternative is infeasible
because the impacts are the same as the Proiect. The
Council finds that the No G Street Access Alternative is in
fact feasible. The Council finds that because G Street is a
larqely residential area (FEIR. Paqe 131). local residents
may still be bothered bY the sirens and emerqency vehicle
traffic. Althouqh these impacts will still be less than
siqnificant from an environmental perspective. they could be
eliminated altoqether bY prohibitinq access from G Street.
The No G Street Access Alternative does not result in any
different traffic or noise impacts than the proiect. There
are two other entrances for emerqency vehicle and staff (H
Street and Fifth Avenue). Diversion of emerqency vehicles
and staff from the G Street Access does not chanqe the
conclusion in the FEIR that the impacts (after mitiqation)
are less than siqnificant (FEIR. Paqe 131). The noise
impacts will also be less than siqnificant as there are less
sensitive receptors on H Street and Fifth Avenue. and
emerqency vehicles will turn off their vehicles as they
approach the hospital (FEIR. Paqe 88-89). As discussed in
the FEIR. other impacts will remain the same as the proiect
(FEIR. Paqe 130-132). Althouqh the FEIR states that the
"land swap" with the iunior hiqh school "should not be
necessary". this does not mean that it may not occur.
d. Adoption of Mitigation and Monitoring Program.
As required by Public Resources Code section
21081.6, the City Council hereby adopts the mitigation
monitoring and reporting program ("Program") set forth in
Exhibit C, incorporated herein by reference. The Council
hereby finds the Program is designed to ensure that, during
project implementation, the Permittee/Project applicant, and
any other responsible parties, implement the Project
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November 6, 1991
Reso re Scripps CUP
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12
components and comply with the feasible mitigation measures
identified in the Findings.
e. statement of Overriding considerations.
Even after the adoption of all feasible mitigation
measures and alternatives, certain significant or potential-
ly significant adverse environmental effects caused by the
Project will remain. Therefore, the Council hereby issues,
pursuant to CEQA Guidelines Section 15093 and as set forth
in Exhibit D attached hereto, a statement of overriding
considerations identifying the specific economic, social,
and other considerations that render that unavoidable
significant adverse environmental effect acceptable.
7. Unclassified/Conditional Use Permits Findings.
a. The Proposed Use will provide acute medical
care services to the residents of the neighborhood and the
community. Therefore, 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 community.
b. According to the FEIR, all but four impact
categories could be reduced to a level below significance
with mitigation with the exception of water conservation due
to cumulative areawide impacts resulting from a regionwide
drought condition, cumulative impacts due to school
overcrowding, potential secondary effects from relocation of
existing businesses, and visual quality. Therefore, the
Proposed Use will not, under the circumstances of this
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.
c. Section 19.54.020 (H) permit a hospital,
including, but not limited to, emergency care, to be
conducted in any zone with a conditional use permit. The
Council has considered the granting of this permit, and the
conditions on which it should be issued, by the adoption of
this resolution. Therefore, the Proposed Use will comply
with the regulations and conditions specified in the Chula
vista Municipal Code for such use.
d. The Land Use Element of the General Plan
indicates that the city has planned the eastern 4.7 acres of
the Property for Office commercial and the western 8.9 acres
of the Property for Retail Commercial. For the reasons set
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November 6, 1991
Reso re Scripps CUP
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13
forth above finding that the proposed use is consistent with
the General Plan, the City Council finds that ,the granting
of this conditional use will not adversely affect the gen-
eral plan of the city or the adopted plan of any government
agency.
8. Notice of Determination.
The city Clerk is directed, after the City Council ap-
proves the OPA, to post a Notice of Determination, together
with a copy of this Resolution, its Exhibits, and all
resolutions passed by the city Council and the Agency in
connection with this Project, in the office of the City
Clerk, to file such Notice, including all attachments, with
the County Clerk of San Diego county and, in accordance with
Public Resources Code section 21152, to cause such Notice to
be posted in the County Clerk's office. The Executive Dir-
ector shall accomplish all of the above notice requirements
within five working days following adoption of the Resolu-
tion formally approving the OPA.
9. Record of Proceedings.
That the City Clerk shall certify to the passage and
adoption of this resolution; shall cause the same to be
entered in the book of original resolutions of said City;
shall make a minute of the passage and adoption thereof in
the records of the proceedings of the City Council of said
city in the minutes of the meeting at which the same is
passed and adopted.
Passed, approved and adopted this
1991.
day of
Tim Nader, Mayor,
city of Chula Vista,
California
Attest:
City Clerk of the city of
Chula Vista, California.
(SEAL)
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Reso re Scripps CUP
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14
Council Resolution No. 16406 .
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA IMPOSING CONDITIONS
FOR THE GRANTING OF A CUP, ISSUING AN
UNCLASSIFIED/CONDITIONAL USE PERMIT
PURSUANT TO SECTION 19.54.020 TO THE
MUNICIPAL CODE, MAKING CEQA FINDINGS,
APPROVING A STATEMENT OF OVERRIDING
CONSIDERATIONS, ADOPTING A MITIGATION
. MONITORING PROGRAM, FINDING CONSISTENCY
WITH THE GENERAL PLAN AND THE REDEVEL-
OPMENT PLAN, AND MAKING CUP FINDINGS.
WHEREAS, the property which is the subject matter of
this permit is a rectangular area of land approximately 13.6
acres bounded on the south by H Street, on the east by the
eastern boundary of parcel commonly known as 435 H Street
(the parcel on which the existing Scripps Hospital is
currently located), on the west by 5th Avenue, and on the
north by the southern boundary of the parcel on which the
Chula vista Junior High School is located, commonly known as
415 Fifth Avenue, and is diagrammatically presented in
Figure 5 of the Final Environmental Impact Report, Scripps
Memorial Hospital Expansion, EIR 90-07 ("FEIR"), a copy of
which is attached hereto as Exhibit A ("Property") and if
attached, as the area with the bolded territory designated
thereon; and,
WHEREAS, in conjunction with a plan for the expansion
of their existing hospital facility currently located on a
portion of the Property (to wit: 435 H Street), Scripps
Memorial Hospital ("Scripps") has filed an application
("Application") with the city for the right to use the
entire Property for a hospital campus containing the
existing hospital and an expanded hospital, as well as
related medical facilities such as one or more medical
office buildings and surface and structured parking, all as
more fully set out in the proposed Scripps Hospital Owner
Participation Agreement ("OPA") and that Application
("Proposed Use") on file with the Director of the Planning;
and,
WHEREAS, pursuant to Chula Vista Municipal Code Section
19.54.020 (H), the proposed hospital use of the Property is
an unclassified use as listed in Chapter 19.54; and
accordingly, may be allowed by the issuance of a conditional
use permit; and,
,
\
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October 31, 1991
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229
WHEREAS, the Planning Commission did, on or about
November 6, 1991, conduct a duly noticed and held public
hearing at which it considered Scripps' Application; and,
WHEREAS, the Planning Commission read and considered
the FEIR, and recommended to the city Council that the FEIR
be certified as being prepared in accordance with the
requirements of the California Environmental Quality Act
("CEQA"); and,
WHEREAS, the Planning Commission received certain
evidence as set forth in the record of said proceedings
incorporated herein by reference, made certain findings as
set forth in their recommending resolution, and recommended
to this city Council the approval of said Application on
certain terms and conditions by the adoption of their
Planning Commission Resolution No. ;
WHEREAS, a public hearing was held before the City
Council on Scripps' Application for a Conditional Use Permit
("cUP Hearing") on or about November 7, 1991; and,
Now, therefore, the city Council of the City of Chula
vista does hereby find, determine, resolve and order as
follows:
(
1. Planning Commission and Design Review Record
Incorporated.
The proceedings before the Planning Commission and the
Design Review Committee on said Application, and the minutes
and resolutions resulting therefrom, are hereby incorporated
into the record of this proceeding. .
2. EIR Compliance with CEQA.
The city Council has reviewed and considered EIR No.
90-07, the environmental impacts therein identified by the
project, the candidate findings attached hereto as Exhibit B
the proposed mitigation measures contained therein, the
Statement of Overriding Considerations attached hereto as
Exhibit D, and has found, by the adoption of Resolution No.
, that EIR No. 90-07 was prepared in accordance with
the requirements of CEQA and guidelines promulgated
thereunder.
(
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October 31, 1991
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3. Grant of Use Permit on Conditions.
(
The City council does hereby grant and permit the
Property to be put to the Proposed Use on the following
terms and conditions:
a. Environmental Impact Mitigation Measures
Implemented.
All environmental impact mitigation measures
(t1EIMM") in the nature and to the extent attached hereto as
Exhibit B shall be implemented, and Applicant's continued
right to use the Property in the manner herein permitted
shall be conditioned on the continued maintenance of all
such EIMM.
b. Compliance with OPA.
The Scripps Owners Participation Agreement, dated
November 7, 1991, between the Agency and Scripps shall be
approved by the City Council, and upon approval, Scripps
shall perform all covenants and promises therein contained
required of Scripps by said OPA, and Applicant's continued
right to use the Property in the manner herein permitted
shall be conditioned on the continued performance of all
executory obligations therein contained.
c. Other Conditions
1. Under Section 19.58.360, the zoning wall
is not required along the north property line of the subject
site due to the fact that the adjacent areas will be
sufficiently screened and protected without said wall.
2. Future land uses, other than hospital
administrative offices, for the existing hospital tower
shall comply with the parking requirements of the Zoning
Ordinance.
3. This permit shall be subject to any and
all new, modified, or deleted conditions imposed after
adoption of this resolution to advance a legitimate
governmental interest related to health, safety or welfare
which the City shall impose after advance written notice to
the permittee and after the city has given tot he permittee
the right to be heard with regard thereto. However, the
City, in exercising this reserved right to condition the
project may not impose a substantial expense or deprive
Permittee of a substantial revenue source which the
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Reso re Scripps CUP
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(
(
Permittee cannot, in the normal operation of the use permit,
be expected to economically recover.
d. "Project" as described in EIR Implemented.
The project, as same is described in EIR No. 90-
07, except as same is required to be mitigated by the EIMM
approved by this Resolution or otherwise conditioned as
herein provided, shall be implemented and maintained by
Scripps.
4. Consistency with the G6neral Plan
The proposed Project is consistent with the General
Plan for the following reasons:
A. This Property is within the Urban Core Area.
The General Plan, at page 1-33, defines the goals and
objectives of the Plan with regard to the Urban lore: "In
the future this area will expand both the concentration and
diversity of facilities continuing to reinforce its role as
the urban core of the city."
B. The General Plan, in Figure 10-1, at page lO-
ll, labeled: "Majoring Existing and Potential Facilities in
the Urban Core," recognizes the Scripps Hospital as an
existing use in the vicinity of Fourth Avenue. Furthermore,
it is a goal and objective of Urban Core planning that
"'the activities in the urban core are complementary and
mutually reinforcing." Page 10-10, General Plan.
It is provided in the General Plan, at Page 10-3
and 10-4, under the heading, "Proposed Land Use," that,
"Primary elements of proposed land use are ... revitaliz-
ation of Town Centre II..." The Scripps Hospital expansion
area is within the Town Centre II Redevelopment Area, and
this project would provide a revitalization of said area.
It is therefore consistent with this goal of the General
Plan.
It is provided in the General Plan, at Page 10-6
and 10-7, in a discussion of the goals and objectives for
the Central Chula Vista Area, under the heading, "GOAL 1.
URBAN GROWTH AND CHANGE", that "Central Chula Vista and the
Urban Core in particular are likely to continue to undergo
transition from lower density to higher density activities
and through introduction of new and redeveloped commercial
and employment uses...Other changes will occur as part of
planned development and redevelopment efforts such as ...
Town Centres I and II. Through such changes, it is the goal
(
(
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October 31, 1991
Reso re Scripps CUP
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(
of Chula Vista to foster the vitality and preeminence of
central Chula Vista and the Urban Core in particular as the
downtown and focus of the city." The Scripps Hospital
expansion proposal is a higher density use, and is a
redeveloped employment use. It is a change that will occur
as part of a planned redevelopment effort in Town Centre II.
The expansion of this hospital will foster the vitality and
preeminence of Central Chula Vista as the downtown and focus
of the city. Therefore, the proposed Project is consistent
with this goal of the General Plan.
It is provided in the General Plan, at Page 10-7,
in a discussion of the goals and objectives for the Central
Chula vista Area, under the heading, "GOAL 1. URBAN GROWTH
AND CHANGE", and under the subheading 10-7 "Objective 4",
that the city will, "Promote the consolidation of small lots
and redevelopment of comprehensively planned and designed
commercial and residential projects." The Scripps Hospital
expansion proposal would consolidate small lots into a
comprehensively planned project. Therefore, the proposed
Project is consistent with this goal of the General Plan.
It is further provided in the General Plan, at
page 10-12, in a discussion of the Chula Vista Shopping
Center to the south of the Project, that "the expansion of
Town Centre II covers ten additional sites in the Central
Chula vista area all located west of Fourth Avenue. These
include ... properties that have deteriorated. They are
expected to be subject to redevelopment individually as
warranted by market conditions and opportunities, in ac-
cordance with the general plan." The Scripps Hospital ex-
pansion proposal would occur in an area which has deteri-
orated. It is warranted by the opportunity provided by
Scripps Hospital, which wishes to expand. Therefore, the
proposed Project is consistent with this goal of the General
Plan.
From the recognition in the General Plan that
Scripps is a major existing facility, taken together with
its complimentary and mutually reinforcing role as a sup-
plier of shoppers and users of other urban core services,
and taken in conjunction with the goal of permitting the
urban core to "expand both the concentration and diversity
of facilities", the goal of the revitalization of the Town
Centre II area, the goal of achievinq a higher density use
and redeveloped employment use, the goal of lot consolida-
tion into a comprehensively planned project, and the goal of
advancing redevelopment as serious opportunity presents
itself, the Decisionmaker's find that the proposed expansion
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October 31, 1991
Reso re Scripps CUP
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233
of the Scripps Hospital is consistent with the urban core
goals and objectives.
C. The Land Use Element recognizes that the
General Plan Map is not drawn with survey-like precision:
"The land use plan is a graphic expression of the
general plan's land use objective and plan proposals.
The diagram is not intended to be a precise map of the
city, but a generalized expression of patterns of land
use, circulation and public services.
"In particular, the plan should not be relied upon to
resolve issues of exact scale and distance. The
boundaries of specific land use areas require
interpretation with respect to underlying topographic
features, environmental characteristics and existing
land use." See General Plan, Page 1-16.
The General Plan uses the "bubble concept" of
planning--that is, that a particular designation may expand
or contract with the future needs and demands on existing
land uses. Thus, the exact boundaries of that portion of
the General Plan designating "retail commercial" in the
vicinity of the Project are considered by the Plan to be
flexible based on environmental characteristics and existing
land use. The immediate land use to the east of the
Project, on which the hospital is currently located, is
planned for Professional and Administrative Commercial. It
is consistent with the bubble planning concept of the
General Plan that this professional and administrative use,
to wit--the hospital existing use--may expand westerly to
the Project area.
D. The Land Use Element of the General Plan is
not the only criteria by which to judge consistency with the
General Plan. In fact, the General Plan contemplates that
other goals and objectives may override the land use
designation, as follows:
"The inclusion of a use in a category does not
necessarily mean that it is permitted in all areas
where that category is shown on the land use plan.
Also, the uses which are permitted in a particular area
are not limited to those examples listed in the
category. The city may determine that other uses,
similar in nature, can be permitted in a particular
area if other general plan requirements are satisfied
and the use satisfactorily addresses the following:
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October 31, 1991
Reso re Scripps CUP
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234
Compatibility with other uses
Circulation capacity
Urban design/site planning objectives
Availability of services
Environmental preservation
.The description [of a land use category) is meant
to be suggestive of examples, but not intended to be
exclusive of other possibilities. Creativity and
excellence in planning and design are expected and
shall be consistent with the objectives and policies of
the general plan." See the Land Use Element, at page
1-11, in the section entitled: "4. Land Use
Categories".
The Hospital Expansion Project is compatible with the
adjacent hospital use on the existing (Eastern Acreage")
site. As the EIR indicates, the proposed Expansion Project
will have sufficient circulation capacity, especially as
mitigated. It is an announced urban core objective to
permit a variety of mixed uses in the urban core and to
permit the expansion of existing public and quasi-public
facilities. All necessary public services, including
police, fire, water, sewer, gas, electricity, transportation
routes, etc., are readily available to the proposed
Expansion Project. Most all of the current environmental
condition will be preserved by the proposed project.
Furthermore, the proposed use does not violate any other of
the goals and objectives of the General Plan.
Therefore, all other General Plan requirements have
been satisfied, and the proposed use satisfactorily
addresses the areas of concern specified by the General
Plan. The General Plan contemplates the latitude of the
city to deviate as of right from a particular Land Use
Element designation in order to satisfy the broader goals
and objectives of the Plan. Such actions are entirely
consistent with the Plan, and are implemented by the
issuance of the Conditional Use Permit.
5. consistency with the Redevelopment Plan
The proposed Project is consistent with the
Redevelopment Plan for the following reasons:
1. The Concept of Land Use Designations and
consistency is borrowed from the General Plan.
The Redevelopment Plan designation of Retail
Commercial for this Site was adopted after the General Plan
(
(
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October 31, 1991
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235
(
designation of Retail Commercial for this site. The land
use syntax used therein was borrowed from, and intended to
be consistent with, the words describing those concepts as
set forth in the General Plan. The concept of consistency
with such land use designations was similarly borrowed from
the General Plan.
2. The Use is Consistent with the General Plan.
As discussed in the preceding section of this
resolution, the proposed Project is consistent with the
General Plan.
3. The Redevelopment Plan Contemplates the
Floating Expansion or Establishment of Hospital Uses.
The Redevelopment Plan, itself, contemplates the
exercise of the redevelopment power regardless of which land
use designation is assigned to the Property if it is done to
permit the expansion of such public or quasi-public uses as
hospitals. At page 11 of the Redevelopment Plan, Section
600.6, the Plan provides:
(
"The Agency is authorized to permit the establishment
and expansion of public or quasi-public uses and
facilities, such as, but not limited to malls,
promenades, parades, vest-pocket parks, and
transportation stations of facilities."
While a hospital is not a mall, promenades, etc.,
it is clearly identified as a pUblic or quasi-public use in
the General Plan, page 1-15, "Public and Quasi-public Uses."
Since the language on page 11 of the Redevelopment Plan is,
by its terms, not exclusive, the Decisionmaker(s) find that
a hospital is a public or quasi-public use.
Hence, the Plan gives the Agency the overriding
right to redevelop in order to permit expansion or
establishment of public uses despite the land use
designations.
Furthermore, the Preface to the adoption of the
Redevelopment Plan, Page 2 of Town Centre No. II Project
Area Redevelopment Plan (Amended), states the redevelopment
intent with regard to the Urban Core is to provide medical
services, and provides: "Contrary to the typical 'bedroom'
image of similar cities in a major metropolitan area, Chula
vista has the potential of developing a complete urban core
providing a wide range of retail goods; commercial and
medical services; recreational centers; library, courts and
(
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October 31, 1991
Reso re Scripps CUP
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236
civic facilities; churches, parks and residential options.
There is a need to coordinate these opportunities so that
they are able to compliment one another and truly benefit
the citizens of Chula Vista."
Accordingly, the Project is consistent, independent of
consideration of the General Plan, with the Redevelopment
Plan. The Proposed Use is consistent with the Town Centre
II Redevelopment Plan for the Project Area which, in the
land use element thereof, plans for the redevelopment of the
Property as Retail Commercial.
6. CEQA Findings and statement of Overriding
Considerations.
a. Adoption of Findings.
The City Council does hereby approve, accept as
its own, incorporate as if set forth in full herein, and
make each and everyone of the CEQA Findings attached hereto
as Exhibit B.
b. certain Mitigation Measures Feasible and
Adopted.
As more fully identified and set forth in Exhibit
B attached hereto, the Council hereby finds, pursuant to
Public Resources Code Section 21081 and CEQA Guidelines
section 15091, that the mitigation measures described in the
EIR are feasible, and will become binding upon the City.
c. Infeasibility of Alternatives.
As set forth in Exhibit B attached hereto, the
Council hereby finds that none of the proposed project
alternatives set forth in the Final EIR can feasibly and
substantially lessen or avoid the potentially significant
adverse cumulative environmental effects that will not be
substantially lessened or avoided by the adoption of all
feasible mitigation measures.
d. Adoption of Mitigation and Monitoring Program.
As required by Public Resources Code Section
21081.6, the City Council hereby adopts the mitigation
monitoring and reporting program ("Program") set forth in
Exhibit C, incorporated herein by reference. The Council
hereby finds the Program is designed to ensure that, during
project implementation, the Permittee/Project applicant, and
any other responsible parties, implement the Project
(
(
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October 31, 1991
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components and comply with the feasible mitigation measures
identified in the Findings.
(
(
e.
statement of Overriding considerations.
Even after the adoption of all f~asible mitigation
measures and alternatives, certain significant or potential-
ly significant adverse environmental effects caused by the
Project will remain. Therefore, the Council hereby issues,
pursuant to CEQA Guidelines Section 15093 and as set forth
in Exhibit D attached hereto, a statement of overriding
considerations identifying the specific economic, social,
and other considerations that render that unavoidable
significant adverse environmental effect acceptable.
7. Unclassified/Conditional Use Permits Findings.
a. The Proposed Use will provide acute medical
care services to the residents of the neighborhood and the
community. Therefore, 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 community.
b. According to the FEIR, all but four impact
categories could be reduced to a level below significance
with mitigation with the exception of water conservation due
to cumulative areawide impacts resulting from a regionwide
drought condition, cumulative impacts due to school
overcrowding, potential secondary effects from relocation of
existing businesses, and visual quality. Therefore, the
Proposed Use will not, under the circumstances of this
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.
c. Section 19.54.020 (H) permit a hospital,
including, but not limited to, emergency care, to be
conducted in any zone with a conditional use permit. The
Council has considered the granting of this permit, and the
conditions on which it should be issued, by the adoption of
this resolution. Therefore, the Proposed Use will comply
with the regulations and conditions specified in the Chula
vista Municipal Code for such use.
d. The Land Use Element of the General Plan
indicates that the City has planned the eastern 4.7 acres of
the Property for Office Commercial and the western 8.9 acres
of the Property for Retail Commercial. For the reasons set
(
(
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October 31, 1991
Reso re Scripps CUP
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238
(
t
forth above finding that the proposed use is consistent with
the General Plan, the city Council finds that the granting
of this conditional use will not adversely affect the gen-
eral plan of the City or the adopted plan of any government
agency.
8. Notice of Determination.
The City Clerk is directed, after the City council ap-
proves the OPA, to post a Notice of Determination, together
with a copy of this ReSOlution, its Exhibits, and all
resolutions passed by the City Council and the Agency in
connection with this Project, in the office of the city
Clerk, to file such Notice, including all attachments, with
the county Clerk of San Diego County and, in accordance with
Public Resources Code Section 21152, to cause such Notice to
be posted in the County Clerk's office. The Executive Dir-
ector shall accomplish all of the above notice requirements
within five working days following adoption of the Resolu-
tion formally approving the OPA.
9. Record of Proceedings.
\
(
That the City Clerk shall certify to the passage and
adoption of this resolution; shall cause the same to be
entered in the book of original resolutions of said city;
shall make a minute of the passage and adoption thereof in
the records of the proceedings of the city Council of said
City in the minutes of the meeting at which the same is
passed and adopted.
Passed, approved and adopted this
1991.
day of
,
Tim Nader, Mayor,
City of Chula Vista,
California
Attest:
City Clerk of the City of
Chula Vista, California.
(SEAL)
(
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Reso re Scripps CUP
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Exhibit A
to the Resolution Grantinq a Conditional Use Permit
Leqal Description of Property.
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I. INTRODUCTION
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It is the policy of the state of California and the
City of Chu1a Vista and the Chu1a Vista Redevelopment Agency
that a project shall not be approved if it would result in a
significant environmental impact if it is feasible to avoid
or substantially lessen the impact to a level below
significant. Only when there are specific economic, social,
or other considerations which make it infeasible to mitigate
an impact, can a project with significant impacts be
approved.
Therefore, when an EIR has been completed which
identifies one or more potentially significant environmental
impacts, one of the following findings must be made:
1. Changes or alternatives which avoid or
substantially lessen the significant environmental
effects as identified in the FEIR have been
required or incorporated into the project, or
2. Such changes or alternatives are within the
responsibility and jurisdiction of another public
agency and not the agency making the finding.
Such changes have been adopted by such other
agency or can and should be adopted by such other
agency, or
3. Specific economic, social or other considerations
make infeasible the mitigation measures or project
alternatives identified in the FEIR.
[Public Resources Code section 21081]
This Project is being undertaken in furtherance to a
redevelopment plan--the Town Centre II Redevelopment Plan,
approved in May 1988. Section 21090 of the California
Environmental Quality Act (Pub. Resources Code SS 21000 et
seq.) provides: "For all purposes of this division [CEQA]
all public and private activities or undertakings pursuant
to or in furtherance of a redevelopment plan shall be deemed
a single project." Thus, under section 21090 and the CEQA
Guidelines section 15180 (Ca1. Code of Regulations, tit.
14), this Project was already "deemed approved" for CEQA
purposes. The EIR which was prepared for the Town Centre II
Redevelopment Plan in 1988 could have been treated as a
program EIR and no subsequent EIR for this Project was actu-
ally necessary. Due, in part, to the level of con-troversy
surrounding this Project, however, the city of Chula vista
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determined that an EIR for the Project would be appropriate
(despite the fact that an EIR was not necessary under CEQA)
so that the public and the decisionmakers could continue to
have an opportunity to review and comment on meaningful
information to make informed decisions concerning the
Project. A draft environmental impact report, dated March
1991 (the "Draft EIR"), was prepared for the Project and
circulated for 45 days for public comments. Due to new
information on seismic and water conservation raised in
those comment letters and the public hearing (April 24,
1991) on the Draft EIR, a new draft environmental impact
report was prepared (dated August 1991) and recirculated for
45 days to the public (the "Recirculated Draft EIR"). The
Recirculated Draft also contained an expanded "alternatives
analysis." A public hearing was held on September 25, 1991-
A final environmental impact report, dated October 21, 1991
(the "Final EIR" or "FEIR"), was prepared based on comments
on the Recirculated Draft EIR, including those received
after the close of the public comment period and those
dealing with the economics of the proposed project and the
alternatives. The Final EIR consists of four parts: the
recirculated EIR (with technical revisions); the
Introduction to Responses to Comments, the comment letters
and responses to comments ("Response to Comments"), and an
Addendum to the Socioeconomic Considerations Report ("F~IR
Addendum"). Although not required by CEQA, the Final EIR
was also made available to the public for seven days for
review.
The following Findings are made by the Decisionmaker(s)
relative to the conclusions of the Final Environmental
Impact Report (90-07) for the proposed Scripps Hospital
Expansion project (the "Project") located in the City of the
Chula vista.
II. PROJECT DESCRIPTION
The Scripps Memorial Hospital Expansion Project
proposes to expand the existing 4.7-acre hospital site on
8.9 acres directly to the west for a total project site of
13.6 acres.
The proposed hospital expansion would be accomplished
in two phases. Phase One would consist of the addition of
approximately 120,560 square feet to the existing 73,994
square foot hospital for a total Phase One hospital square
footage of 194,554 square feet. The hospital expansion
would be built approximately 40 feet west of the existing
hospital and would be connected by a pedestrian corridor.
Phase One would also consist of the construction of a 62,180
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Exhibit B
to the Resolution Granting a Conditional Use Permit
SCRXPPS MEKORXAL BOSPXTAL
CEQA
CAllDIDATE I'INDINGS AllD STATBMDIT
01' OVERRIDING CONSIDERATIONS
FOR FINAL ENVIRONHENTAL IMPACT
REPORT EIR 90-07
IN ACCORDANCE WITH SECTION 21081
OF THE
CALIFORNIA ENVIRONHENTAL QUALITY
ACT
AllD SECTIONS 15091 And 15093 OF TITLE 14 01' THE
CALIFORNIA ADMINISTRATIVE CODE
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(
244
square foot four-story medical office building, as well as
370 surface parking spaces.
Phase Two (Ultimate) would add 251,790 square feet of
hospital space for an ultimate hospital expansion totalling
446,344 square feet and 258 patient beds. Phase Two
(Ultimate) also includes 124,500 square feet of medical
office space in a building ranging from four to six stories
on site. A 775-space parking garage is also proposed for a
total of 878 project parking spaces. The approximately
74,000 square foot existing hospital tower would be
converted to approximately 37,000 square feet of office
space and 37,000 square feet of storage space. (FEIR, pp. 1,
21-32; Responses to Comments, pp. 30-32.)
XXX. DXSCRETXONARY ACTXONS
The discretionary actions for the proposed project
involve the following permits/approvals and the
Decisiomaker(s) who will take such actions:
a Conditional Use Permit for the Hospital Master
Plan (Decisionmaker: city council of the City of
Chula Vista)
Design review of the Hospital Master Plan (De-
cisionmaker: Redevelopment Agency)
Special permit (redevelopment area) (Decision-
maker: Redevelopment Agency)
Owner participation agreement with the Redevel-
opment Agency (Decisionmaker: Redevelopment
Agency)
Possible acquisition and sale of site by Redevel-
opment Agency involving agency condemnation powers
(Decisionmaker: Redevelopment Agency)
A loan agreement with the Redevelopment Agency
(Decisionmaker: Redevelopment Agency)
A lease guarantee agreement with the Redevelopment
Agency (Decisionmaker: Redevelopment Agency)
The project is located at the northeast corner of 5th
Ave. and "H" st. with in the Town Centre II Redevelopment
Area.
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These Findings are made by the Decisionmaker(s) pursu-
ant to Section 21081 of the California Public Resources
Code, and Section 15091 and 15093 of the California Admin-
istrative Code, title 14.
XV. DB ADMXNZSTRATXVB RBCORD
For purposes of the California Environmental Quality
Act ("CEQA") and the findings hereinafter set forth, the
administrative record of the Decisionmaker(s) shall include
the Draft Environmental Impact Report ("Draft EIR") , the
Recirculated Draft Environmental Impact Report and its
appendices, the Final Environmental Impact Report ("Final
EIR") and its appendices and Memorandum on Response to
Comments on Final EIR ("FEIR Memorandum") prepared for the
Project; all reports and memoranda prepared by staff and
their consultants, all documents submitted by members of the
public, and interested agencies in connection with the EIRs
and the Project generally; and any documents embodying the
Decisionmaker(s) or other action on the Project, including
staff reports and resolutions and the minutes of public
hearings on the Project. The record shall also include the
Town Centre II Redevelopment Plans and accompanying EIRs;
and the findings and statement of overriding considerations
adopted in connection with the Project.
V. TERMINOLOGY
Section 15091 of the CEQA Guidelines (Cal. Code of
Regulations, tit. 14) requires that, for each significant
environmental effect identified in an EIR for a proposed
project, the approving agency must issue a written finding
reaching one or more of three allowable conclusions. The
first is that "[c]hanges or alterations have been required
in, or incorporated into, the project which avoid or
substantiallv lessen the significant environmental effect as
identified in the final EIR." (Emphasis added.) The second
potential finding is that "[s]uch changes or alterations are
within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be
adopted by such other agency." The third permissible
conclusion is that "[s]pecific economic, social, or other
considerations make infeasible the mitigation measures or
project alternatives identified in the final EIR."
As regards the first of the three potential findings,
the CEQA Guidelines do not define the difference between
"avoiding" a significant environmental effect and merely
"substantially lessening" such an effect. The meaning of
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these terms therefore must be gleaned from the other
contexts in which they are used. Public Resources Code
section 21081, on which CEQA Guidelines section 15091 is
based, uses the term "mitigate" rather than "substantially
lessen." The CEQA Guidelines therefore equate "mitigating"
with "substantially lessening." Such an understanding of
the statutory term is consistent with Public Resources Code
section 21002, which declares the Legislature's policy
disfavoring the approval of projects with significant
environmental effects where there are feasible mitigation
measures or alternatives that could "avoid or substantially
lessen" such significant effects.
For purposes of these findings, the term "avoid" will
refer to the effectiveness of one or more of the mitigation
measures or alternatives in reducing an otherwise
significant environmental effect to a ~ than sianificant
level. In contrast, the term "substantially lessen" will
refer to the effectiveness of such measures or alternatives
to substantially reduce the severity of a significant
environmental effect, but not to reduce that effect to a
level of insignificance. Although CEQA Guidelines section
15091 requires only that approving agencies specify that a
particular significant effect is "avoid[ed] Ql: substantially
lessen[ed]," these findings, for purposes of clarity, in
each case will specify whether the effect in question has
been fully avoided (and thus reduced to a level of
insignificance) or has simply been substantially lessened
(and thus remains significant).
Although section 15091, read literally, does not
require findings to address environmental effects that an
EIR identifies as merely "Dotentiallv significant," these
findings will nevertheless fully account for all such
effects identified in the EIR for the Scripps Memorial
Hospital Expansion Project.
VI. LEGAL EFFECT OP PINDINGS
To the extent that these findings conclude that
mitigation measures outlined in the EIR, avoid or
substantially lessen identified significant or potentially
significant environmental effects, are feasible and have not
been modified, superseded, or withdrawn, the
Decisionmaker(s} hereby binds itself to require
implementation of those mitigation measures on the Project
applicant and any assigns or successors in interest. These
findings, in other words, are not merely informational or
hortatory, but constitute a binding set of obligations that
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(
will come into effect when the Decisionmaker(s) adopts a
resolution approving the Project.
VII. Mitiaation Monitorina proaram
As required by Public Resources Code section 21081.6,
the Decisionmaker(s), in adopting these findings, also
adopts a mitigation monitoring and reporting program
designed to ensure that, during project implementation, the
Project applicant, and any other responsible parties,
implement the Project components and comply with the
feasible mitigation measures identified below. That final
program, although labelled "Draft," is contained in the
Final EIR at pp. 160-165. A copy of this mitigation
monitoring program from the Final EIR is attached to this
Resolution as Exhibit C.
VIII.
Potential Iv Sianificant ABA Sianificant Effects
and Mitiaation Measures.
The EIR sets forth environmental effects of the Project
that would be potentially significant or significant in the
absence of mitigation measures. These effects (or
"impacts") are set forth below, along with any mitigation
measures adopted that will avoid those potentially
significant or significant effects. Also set forth are
certain significant effects that cannot be substantially
lessened or avoided even with the adoption of all feasible
mitigation measures proposed in the Draft and Final EIRs. In
adopting these findings, the Decisionmaker(s) also adopts a
statement of overriding considerations setting forth the
economic, social and other benefits of the Project that will
render that significant effect acceptable. That statement
of Overriding Considerations ~ attached to this Resolution
as Exhibit D.
Public testimony, written correspondence, and comments
on the FEIR<indicate that there are differences of opinion
as to the conclusions in the FEIR and that the Project could
result in significant unmitigable impacts on land use/com-
munity character, traffic, air quality, growth inducement,
and other impacts. The following, however, presents the
Decisionmaker(s) findings on the impact of the Project.
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IX. PINDINGS
(
A.
Public Resources ~ section 21081(al
The EIR sets forth environmental effects of the Project
that would be potentially significant or significant in the
absence of mitigation measures. These effects (or
"impacts") are set forth below, along with any mitigation
measures adopted that will avoid those potentially
significant or significant effects. Also set forth are
certain significant effects that cannot be substantially
lessened or avoided even with the adoption of all feasible
mitigation measures proposed in the Draft and Final EIRs. In
adopting these findings, the Decisionmaker(s) also adopts a
statement of overriding considerations setting forth the
economic, social and other benefits of the Project that will
render that significant effect acceptable. That Statement
of Overriding Considerations is attached to this Resolution
as Exhibit D.
1) ~ use/Communitv Character
The proposed project is consistent with existing land use
designations and with redevelopment plans for the project
site. The EIR in Figure 7, page 41, shows that western
acreage is designated "retail commercial" in the 1988 Town
Centre II Redevelopment Plan. The FEIR, however, incor-
rectly states, on page 42 and in response to comments No.4,
page 3, that the western acreage is designated as "central
commercial". The 8.9 acres is "retail commercial" as shown
correctly in Figure 7. Nevertheless, the proposed Project
is consistent with the Redevelopment Plan for the following
reasons.' The concept of land use designations and
consistency is borrowed from the General Plan. The
Redevelopment Plan designation of Retail Commercial for this
Site was adopted after the General Plan designation of
Retail Commercial for this site. The land use syntax used
therein was borrowed from, and intended to be consistent
with, the words describing those concepts as set forth in
the General Plan. The concept of consistency with such land
use designations was similarly borrowed from the General
Plan.
The use is consistent with the General Plan. This
Property is within the Urban Core Area. The General Plan,
at page 1-33, defines the goals and objectives of the Plan
with regard to the Urban Core: "In the future this area
will expand both the concentration and diversity of
facilities continuing to reinforce its role as the urban
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core of the city." The General Plan, in Figure 10-1, at
page 10-11, labeled: "Major Existing and Potential
Facilities in the Urban Core," recognizes the Scripps
Hospital as an existing use in the vicinity of Fourth
Avenue. Furthermore, it is a goal and objective of Urban
Core planning that "the activities in the urban core are
complimentary and mutually reinforcing." Page 10-10,
General Plan.
It is also provided in the General Plan, at Page 10-3
and 10-4, under the heading, "Proposed Land Use," that,
"Primary elements of proposed land use are ...
revitalization of Town Centre II ..." The Scripps Hospital
expansion area is within the Town Centre II Redevelopment
Area, and this project would provide a revitalization of
said area. It is therefore consistent with this goal of the
General Plan.
(
It is also provided in the General Plan, at Page 10-6
and 10-7, in a discussion of the goals and objectives for
the Central Chula Vista Area, under the heading, "GOAL 1-
URBAN GROWTH AND CHANGE", that "Central Chula Vista and the
Urban Core in particular are likely to continue to undergo
transition from lower density to higher density activities
and through introduction of new and redeveloped commercial
and employment uses...Other changes will occur as part of
planned development and redevelopment efforts such as ...
Town centres I and II. Through such changes, it is the goal
of Chula Vista to foster the vitality and preeminence of
Central Chula Vista and the Urban Core in particular as the
downtown and focus of the city." The Scripps Hospital
expansion proposal is a higher density use, and is a
redeveloped employment use. It is a change that will occur
as part of a planned redevelopment effort in Town Centre II.
The expansion of this hospital will foster the vitality and
preeminence of Central Chula Vista as the downtown and focus
of the city. Therefore, the proposed Project is consistent
with this goal of the General Plan.
It is also provided in the General Plan, at Page 10-7,
in a discussion of the goals and objectives for the Central
Chula Vista Area, under the heading, "GOAL 1. URBAN GROWTH
AND CHANGE", and under the subheading 10-7 "Objective 4",
that the city will, "Promote the consolidation of small lots.
and redevelopment of comprehensively planned and designed
commercial and residential projects." The Scripps Hospital
expansion proposal would consolidate small lots into a
comprehensively planned project. Therefore, the proposed
Project is consistent with this goal of the General Plan.
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It is further provided in the General Plan, at Page 10-
12, in a discussion of the Chula vista Shopping Center to
the south of the Project, that "the expansion of Town Centre
II covers ten additional sites in the Central Chu1a vista
area all located west of Fourth Avenue. These include ...
properties that have deteriorated. They are expected to be
subject to redevelopment individually as warranted by market
conditions and opportunities, in accordance with the general
plan." The Scripps Hospital expansion proposal would occur
in an area which has deteriorated. It is warranted by the
opportunity provided by Scripps Hospital, which wishes to
expand. Therefore, the proposed Project is consistent with
this goal of the General Plan.
From the recognition in the General Plan that Scripps
is a major existing facility, taken together with its
complimentary and mutually reinforcing role as a supplier of
shoppers and users of other urban core services, and taken
in conjunction with the goal of permitting the urban core to
"expand both the concentration and diversity of facilities",
the goal of the revitalization of the Town Centre II area,
the goal of achieving a higher density use and redeveloped
employment use, the goal of lot consolidation into a
comprehensively planned project, and the goal of advancing
redevelopment as serious opportunity presents itself, the
Oecisionmaker's find that the proposed expansion of the
Scripps Hospital is consistent with the urban core goals and
objectives.
In addition, the Land Use Element recognizes that the
General Plan Map is not drawn with survey-like precision:
"The land use plan is a graphic expression of the
general plan's land use objective and plan proposals.
The diagram is not intended to be a precise map of the
city, but a generalized expression of patterns of land
use, circulation and public services.
"In particular, the plan should not be relied upon to
resolve issues of exact scale and distance. The
boundaries of specific land use areas require
interpretation with respect to underlying topographic
features, environmental characteristics and existing
land use." See General Plan, Page 1-16.
This introduces the "bubble concept" of planning into
the City's General Plan--that is, that a particular
designation may expand or contract with the future needs and
demands on existing land uses. Thus, the exact boundaries
of that portion of the General Plan designating "retail
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commercial" in the vicinity of the Project are considered by
the Plan to be flexible based on environmental characteris-
tics and existing land use. The immediate land use to the
east of the Project, on which the hospital is currently
located, is planned for Professional and Administrative
Commercial. It is consistent with the bubble planning
concept of the General Plan that this professional and
administrative use, to wit--the hospital existing use--may
expand westerly to the Project area.
The Land Use Element of the General Plan is not the
only criteria by which to judge consistency with the General
Plan. In fact, the General Plan contemplates that other
goals and objectives may override the land use designation,
as follows:
"The inclusion of a use in a category does not
necessarily mean that it is permitted in all areas
where that category is shown on the land use plan.
Also, the uses which are permitted in a particular area
are not limited to those examples listed in the
category. The city may determine that other uses,
similar in nature, can be permitted in a particular
area if other general plan requirements are satisfied
and the use satisfactorily addresses the following:
Compatibility with other uses
Circulation capacity
Urban design/site planning objectives
Availability of services
Environmental preservation
. . .The description [of a land use category) is meant
to be suggestive Of examples, but not intended to be
exclusive of other possibilities. Creativity and
excellence in planning and design are expected and
shall be consistent with the objectives and policies of
the general plan." See the Land Use Element, at page
1-11, in the section entitled: "4. Land Use
Categories".
The Hospital Expansion Project is certainly compatible
with the adjacent hospital use on the existing (Eastern
Acreage") site. As the EIR indicates, the proposed
Expansion Project will have sufficient circulation capacity,
especially as mitigated. It is an announced urban core
objective to permit a variety of mixed uses in the urban
core and to permit the expansion of existing public and
quasi-public facilities. All necessary public services,
including police, fire, water, sewer, gas, electricity,
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transportation routes, etc., are readily available to the
proposed Expansion Project. Most all of the current
environmental conditions will be preserved by the proposed
project. Furthermore, the proposed use does not violate any
other of the goals and objectives of the General Plan.
Therefore, all other general plan requirements have
been satisfied, and the proposed use satisfactorily
addresses the areas of concern specified by the General
Plan. The General Plan contemplates the latitude of the
city to deviate as of right from a particular Land Use
Element designation in order to satisfy the broader goals
and objectives of the plan. Such actions are entirely
consistent with the Plan, and are implemented by the
issuance of the Conditional Use Permit.
As authorized by the General Plan, the City has
determined that the proposed expansion project is consistent
with the totality of the General Plan, even if it may not
fit neatly into the land use category of "retail com-
mercial".
The Redevelopment Plan, itself, contemplates the
exercise of the redevelopment power regardless of which land
use designation is assigned to the Property if it is done to
permit the expansion of such public or quasi-public uses as
hospitals. At page 11 of the Redevelopment Plan, section
600.6, the Plan provides:
"The Agency is authorized to permit the establishment
and expansion of public or quasi-public uses and
facilities, such as, but not limited to malls,
promenades, parades, vest-pocket parks, and
transportation stations of facilities."
While a hospital is not a mall, promenades, etc., it is
clearly identified as a public or quasi-public use in the
General Plan, page 1-15, "Public and Quasi-PUblic Uses."
Since the language on page 11 of the Redevelopment Plan is,
by its terms, not exclusive, the Decisionmaker(s) find that
a hospital is a public or quasi-public use.
Hence, the Plan gives the Agency the overridinq right
to redevelop in order to permit expansion or establishment
of public uses despite the land use designations.
Furthermore, the Preface to the adoption of the
Redevelopment Plan, Page 2 of Town Centre No. II Project
Area Redevelopment Plan (Amended), states the redevelopment
intent with regard to the Urban Core is to provide medical
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services, and provides: "Contrary to the typical 'bedroom'
image of similar cities in a major metropolitan area, Chula
Vista has the potential .of developing a complete urban core
providing a wide range of retail goods; commercial and
medical services; recreational centers; library, courts and
civic facilities; churches, parks and residential options.
There is a need to coordinate these opportunities so that
they are able to compliment one another and truly benefit
the citizens of Chula Vista."
Accordingly, the Project is consistent, independent of
consideration of the General Plan, with the Redevelopment
Plan.
Thus, the error in the FEIR on page 42 and in response
to comments No.4, page 3, incorrectly stating that the
western acreage is designated as "central commercial", does
not change the conclusion that, as stated in the EIR
correctly, the Project is consistent with the Redevelopment
Plan and the General Plan.
(
,
The project provides for infill development within the Urban
Core of central Chula Vista, consistent with one of the
environmental goals of the City of Chula Vista's Land Use
Element of the General Plan. (FEIR, pp. 3, 27-28, 36-45;
Responses to Comments, pp. 3, 5-8, 17, 28, 29, 34, 35-36,
36, 104, 109, 132; FEIR Addendum, pp. 8-9.) Loss of
commercial uses on the site would not significantly affect
the existing community character due to the location of
similar commercial uses within one mile of the project site.
The proposed hospital expansion is consistent with the
underlying zoning (C-C-D and C-O) upon approval of a CUP, as
well as the general plan designations of "Retail Commercial"
and "Office Commercial." It has been noted that the
comments received during the previous public review of the
earlier Draft, as well as the Recirculated Draft, suggested
that the displacement of commercial businesses from the
project site would, in itself, be a significant adverse and
unmitigable impact because of the physical disruption of the
"urban core" and the physical changes linked to social and
economic decline. (FEIR, p. 45; Introduction to Responses to
Comments, pp. 1-3; Responses to Comments, pp. 27, 34, 158.)
Displacement of these uses, however, would not result in
significant impacts because similar commercial uses are
located within the Project area and the viability of the
urban core would not be impacted by the proposed reloca-
tions. (FEIR, pp. 3, 44; Responses to Comments, pp. 33,
100;158.) No social impacts are expected to occur because,
assuming worst case that the eight existing businesses that
will be displaced are not relocated, only a small amount of
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jobs would be lost (58 full time equivalent). (FEIR, p.
169; Introduction to Responses to Comments, p. 2; Responses
to Comments, p. 34.) This worst case loss of jobs is not
expected, however, as there are attempts to relocate the
existing businesses as well and,there are increased
employment opportunities because of the expanded hospital.
(Introduction to Responses to Comments, p. 2; Responses to
Comments, pp. 34, 102, 126.) In addition, no negative
economic effects are anticipated to occur as a result of the
proposed project, as revenues should increase. (FEIR, pp.
165-175, Appendix G.) Employees generated by the proposed
hospital expansion would have a beneficial effect on
existing retail uses in the central Chula Vista area.
(FEIR, at 174, Appendix G; Responses to Comments, p. 133;
Addendum, p. 7.) It is anticipated that existing on-site
business would be relocated within the central Chula Vista
area and would continue to provide a similar retail element
in the Project vicinity. (Responses to Comments, pp. 33,
158.) Because there are no adverse economic and social
effects, the EIR concludes that no physical deterioration
would occur. (Introduction to Response to Comments, pp. 1-
3; Responses to Comments, pp. 34, 43, 158, 174.) Mitigation
measures proposed by commentators include amendment of the
Redevelopment Plan. As stated above, the Decisionmaker(s)
find this mitigation measure infeasible as the Project is
consistent with the Redevelopment Plan such that an
amendment to the Plan is not necessary. Therefore, the
Decisionmaker(s) concludes that the impacts on land
use/community character is less than significant. Because
the effect on land use/community character is less than
significant, the Decisionmaker(s) is not required to make
any findings nor adopt any mitigation measures.
2) Visual Oua1itv
The EIR identifies the following as a significant impact.
sianifieant ImDaet: Development of the western portion of
the site currently developed with single level commercial
buildings, with a multi-level medical office building
fronting H street, will permanently alter the visual
character of the site. The bulk and scale of the proposed
medical office building on the corner of H street and Fifth
Avenue would be more massive than current structures along H
street. In addition, development of a 5-story parking
structure along G street would result in a different visual
character along the roadway than currently exists. (FEIR,
pp. 4, 46-66; Responses to Comments, p. 11.)
Mitiaation Measures: The following measures have been
incorporated into the Project design to mitigate visual
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impacts: (a) all structures will be within the 100-foot
height limit established by the City of Chula Vista for the
Town Centre II Redevelopment Area; (b) the medical office
building at the corner of H street and Fifth Avenue will
range from 4-6 stories in height with the 4-story element
located along the roadways set back a minimum of 25 feet
from Fifth Avenue and 45 feet from H street, and the larger,
6-story element set back a minimum of 100-feet from Fifth
Avenue and set back a minimum of 25 feet from Fifth Avenue
and 45 feet from H street to reduce the apparent bulk and
scale of the structure; (c) new hospital structures will be
limited to 3 stories in height and in general, will be set
back a minimum of 180 feet from H street except for a 3-
story administration building which would be constructed on
the site of the existing hospital building during the
ultimate phase of development and be set back 48 feet from H
street; (d) the parking structure along Fifth Avenue will be
set back a minimum of 25 feet from the roadway and
architectural elements have been incorporated in the design
of the parking structure to reduce the apparent scale of the
facility; (e) all project plans shall be subject to review
and approval be the City'S Design Review Committee (DRC)
which reviews projects for consistency with the overall
urban design goals of the Chula vista General Plan and
relevant Area Plans; and (f) street trees approved by the
City's Landscape Architect will be planted along the inner
and outer perimeters of the medical office building. (FEIR,
pp. 4-5, 66-67.)
Findina: The EIR concludes that even after implementation
of mitigation measures, the Project will change the visual
character of the site and the view from the streets. The
Decisionmaker(s) finds that there are no feasible mitigation
measures or alternatives available to prevent the visual
alteration caused by the Project. As set forth in the
statement of Overriding Considerations attached to this
Resolution as Exhibit 0, the Decisionmaker(s) concludes that
the environmental detriment associated with the unavoidable
significant effect is rendered acceptable by the benefits of
approving the Project, namely, the fulfillment of the
attainment of the goals and objectives of the Redevelopment
Plan, the creation of additional construction jobs, the
substantial increase in property tax base, the amount of
revenue to the City of Chula Vista by tax revenues, the
creation of 481 permanent jobs, the provision of a needed
hospital expansion, provision of additional physician
services and medical specialties in the medical office
buildings, improvement of the image of the Town Centre II
Redevelopment Area, improving the street circulation system,
and provision of enhanced 24-Hour emergency medical service;
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dedication of land to the Sweetwater School District for
construction of a new classroom for the Junior High School;
and correction of an existing storm drain flooding problems
associated with the junior high schoo1.
3) Traffic
The EIR identifies the following as a significant impact.
Sianificant ImDact:, The proposed project would generate
4,980 average daily trips ("ADTs") under Phase I and a total
of 9,015 ADT under cumulative Phases I and Ultimate. The
traffic analysis concluded that 1500 more ADT will be
generated by the Project overall than was assumed in the
General Plan Buildout taking into consideration the volumes
produced by the existing commercial uses in site.
Cumulative traffic levels at buildout will result in levels
of service (LOS) C with the exception of the H Street/Fourth
Avenue intersection which is projected to operate at LOS D
during the PM peak hour. (FEIR, pp. 5, 68-82, Appendix B;
Responses to Comments, p. 12.) During construction, it is
expected that 6 truck trips per day will occur to remove
excavated material. (Responses to Comments, p. 39.)
Pedestrians, including school children, will be exposed to
more cars entering and exiting the proposed parking
structure on Fifth Avenue.
Mitiqation Measures: The project is required to construct
an additional westbound lane on H Street along the project
frontage with implementation of Phase I and extended to
Fourth Avenue with the Ultimate Phase as well as
constructing a northbound acceleration/deceleration lane
along Fifth Avenue along the project frontage. A median is
also required on H Street between Fourth and Fifth Avenue
during Phase I. The project shall also pay traffic signal
fees to the City of Chula Vista for upgrading of traffic
signals within the western portion of Chula Vista resulting
from increasing traffic volumes. In addition, during
construction, a construction traffic control program must be
prepared to the satisfaction of the Chula Vista Public Works
Director and may include detour signs, flagmen and
delineators. Prior to occupancy of the Phase Ultimate
medical office building, sufficient room must be dedicated
to widen the north side of "H" Street between Fourth Avenue
and the Project to provide a continuous westbound lane
between Fourth and Fifth Avenue. To protect pedestrians,
the primary entrance to the parking structure (off Fifth
Avenue) will be recessed from the street and a safety bar
will be provided. (FEIR, pp. 6, 83; Responses to Comments,
pp. 11, 14, 17; Responses to Comments, pp. 20, 39, 41, 76,
78, 79, 80, 81, 83-84.)
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Pin4ina: Changes or alterations have been required in, or
incorporated into, the Project which avoid the significant
environmental effect as identified in the EIR.
4) Noise
A. Traffic Noise. Traffic noise associated with
project-generated trips on adjacent roadways and within
the proposed parking structure, as well siren noise
from emergency vehicles, would not adversely affect
nearby sensitive receptors, such as residential uses
and the junior high school, and no significant adverse
impacts are anticipated. An acoustical analysis was
conducted for the expansion and concluded that noise
levels would increase on the existing roadways by a
maximum of 2.5 decibels. Noise from the parking garage
will conform with the state noise guidelines for noise
impacts to schools. Although 10-15 emergency trips
are expected per day, only one is expected to use the
siren which will be turned off near the entrance to the
Project. (FEIR, pp. 6, 85-89, Appendix C; Responses to
Comments, pp. 17, 37, 40, 92.) Therefore, the
Decisionmaker(s) conclude that noise impacts from
traffic, including noise from the parking structure and
from emergency vehicles, are less than significant.
(end of page)
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t
Because the effect on noise from traffic is less than
significant, the Decisionmaker(s) is not required to
make any findings nor adopt any mitigation measures.
B. proiect ~ Noise.
The EIR identifies the following as a potentially
significant impact.
potentiallY Sianificant ImDact: In the absence of
future assessment and monitoring, proposed HVAC and
standby power equipment could generate noise in excess
of state standards. (FEIR, pp. 6, 89, Appendix C.)
Mitiaation Measures: Proposed HVAC and standby power
equipment will be analyzed for compliance with the City
of Chula vista hourly noise limit when the equipment is
defined and the architectural details are final. The
planned enclosure for the standby power unit will
provide the necessary noise reduction depending upon
the details of construction. (FEIR, pp. 6, 89-90,
Appendix C; Responses to Comments, p. 16.)
Findina: Changes or alterations have been required in,
or incorporated into, the Project which avoids the
significant environmental effect as identified in the
EIR.
S) Health
The EIR identifies the following as a potentially
significant impact.
PotentiallY Sianificant ImDact: Additional infectious waste
would be produced with the expansion of the hospital. An
underground storage tank currently exists on site (in
connection with Express Gas Station) and must be removed.
Asbestos may exist in on-site buildings. (FEIR, pp. 7, 91-
95, Appendix D, Appendix E.)
Mitiaation Measures: Scripps Memorial Hospitals, including
the Chula vista Hospital, have an established infectious
waste control program. Upon approval by the County
Hazardous Materials Management Division, the infectious
waste control program for the Chula Vista Hospital will be .
updated to reflect the approved hospital expansion and any
changes to the hospital's infectious waste disposal
schedule. A UST removal plan will be prepared to address
removal of the waste and storage tanks from the site.
Although a limited hazardous waste investigation has
occurred which indicated that the tank was not leaking, the
removal plan will include contingency measures in case
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leakage has occurred. An environmental audit will be
preformed to asses the potential for asbestos being found in
the structures on-site that would be demolished with project
implementation. If asbestos is found on-site, a certified
removal service will remove the asbestos prior to structure
demolition. (FEIR, pp. 7, 93-95, Appendix 0, Appendix E.)
Findina: Changes or alterations have been required in, or
incorporated into, the Project which avoid the significant
environmental effect as identified in the EIR.
') Ail: Ouali tv
A. Traffic Related ~ Oualitv
The proposed project represents infill development in
an existing urban area and is consistent with the range
of uses and densities anticipated for the site in the
Chula Vista General Plan, the Central Chula Vista Area
Plan and the Town Centre II Redevelopment Plan. Land
uses assumed in these adopted Chula Vista plans have
been incorporated into regional air quality plans and
strategies. At buildout, the project would generate
approximately 1,500 more trips than anticipated in the
General Plan travel forecast. Emissions generated by
these trips would contribute incrementally to the
region's continued inability to meet ozone standards.
Project implementation would result in increased
traffic on area roadways, particularly H street, G
street, Fourth Avenue and Fifth Avenue. Congestion can
sometimes result in build-up of CO concentrations due
to idling vehicles. According to the traffic analysis,
however, all roadway segments and intersections would
operate at Level of Service (LOS) C or better with the
exception of the H street/Fourth Avenue intersection
which would operate at LOS 0 during the PM peak hour.
The city of Chula Vista has adopted threshold standards
which establish a LOS C standard for City streets; LOS
o is acceptable at one AM and one PM peak hour. The
project would comply with the City's threshold standard
with respect to traffic congestion. The parking
structure has also been designed with adequate
ventilation to ensure no buildup of carbon monoxide.
Therefore, due to the relatively low number of t:rips, I.
the absence of congestion, the fact that the project
represents infill development with concomitantly fewer
trips than would occur if the project were developed in
an outlying area, and the adequate ventilation in the
parking structure, the Decisionmaker(s) conclude that
the adverse air quality impacts due to traffic
generated by the project and traffic congestion are
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less than significant. (FEIR, pp. 8, 97-102, Appendix
B; acid raid Responses to Comments, p. 145.) Because
the impacts to air quality from increased traffic and
traffic congestion are insignificant, the Decision-
maker(s) is not required to make any findings nor adopt
any mitigation measures.
B. Construction/Gradina Related Aix Oua1itv.
The EIR identifies the following as a potentially
significant effect.
Potentia11v Sianificant ImDact: Short-term air quality
impacts are anticipated during the grading and
construction phases of the project due to fugitive dust
emissions. Construction phase impacts will be
temporary. (FEIR, pp. 8, 102; Responses to Comments, p.
145.)
Mitiaation Measures: Implementation of the City's
standard dust control measures, including regular
watering of the site during construction and the dust
abatement measures required by the Air Pollution
Control District. (FEIR, pp. 9, 102.)
Findina:. Changes or alterations have been required in,
or incorporated into, the Project which avoid the
significant environmental effect as identified in the
EIR.
(
7) Geo10av
The EIRidentifies the following as potentially significant
impacts.
Potentia11v sianificant ImDacts: Primary concerns for
construction on the site include: 1) the presence of
potentially expansive soils in a potentially seismically
active area; 2) the presence of existing fill soils; 3)
possible presence of foundation remnants, underground
utilities, or other subsurface complexities related to
previous site usage; and 4) proximity to the active faults.
Although no known faults pass through the Project site, it
is located within five miles of an active site as well as
within 1.5 miles of a potentially active site. (FEIR, pp. 9,
103-107, Appendix F.)
Mitiaation Measures Snmmarv: The following mitigation
measures have been developed to reduce impacts associated
with seismicity and soil conditions on-site with the
proposed construction of the hospital expansion, medical
office building and parking structure. These measures for
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earthwork include: clearing and stripping existing site;
treating existing fills and soft topsoils for recompaction;
evaluating excavatibility from soil borings; preparing
subgrade; using low-expansion potential fill soil; using
appropriate materials for fill; compacting the structural
fill to listed minimum degrees; constructing temporary
slopes to a safe inclination; cutting and filling permanent
slopes to no steeper than 2:1; backfilling trenches with
compacted fill; and providing adequate drainage. The
measures for foundations include proper design for footings,
slabs-on-grade, basement walls, and lateral loads.
structural design of the medical office building must be
designed in conformance with Chapter 23 of the Uniform
Building Code. The Project design must be reviewed and
approved by the state Department of General Services, Office
of the State Architect. (FEIR, pp. 9-16, 108-115, Appendix
F. )
Findina: Changes or alterations have been required in, or
incorporated into, the Project which avoid the significant
environmental effect as identified in the EIR.
8) Water Conservation
The EIR identifies the following as significant impacts.
Sianificant ImDacts: with construction of the hospital
expansion, an additional 10,280 gallons per day ("gpd")
would be used on the site when compared with existing
conditions. There is a current drought condition in San
Diego County and implementation of the proposed project
would contribute to a significant cumulative need to
conserve water on a region-wide basis. (FEIR, pp. 17, 116-
117; Responses to Comments, pp. 18, 169.)
Mitiaation Measures: Measures have been incorporated into
the project to reduce water consumption. These measures
include landscaping with low water usage plant species, low
water use irrigation systems and compliance with State
standards for water conservation. Final landscape plans
demonstrating incorporation of the above water conservation
measures will be subject to review and approval by the City
of Chula vista staff prior to issuance of building permits
for the proposed project. In addition, use of low water
usage species in the landscape plans, moisture sensing and
low precipitation rate sprinkler systems and compliance with
the State laws described above would help minimize water
consumption on-site. The water features on-site would use
recirculated water to prevent water waste. Water
consumption would be required during mass grading on the
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site and the applicant would work with the City of Chula
Vista and the Sweetwater Authority to obtain a permit for
temporary water consumption on-site. (FEIR, pp. 17, 117-
118, Appendix H.)
Findina: Changes or alterations have been required in, or
incorporated into, the Project which avoid the significant
environmental effect as identified in the EIR for use of
water on site. However, due to the current drought
condition that San Diego County is currently experiencing,
the project would contribute, in part, to the cumulative
water supply problem despite the inclusion in the Project of
mitigation measures to minimize water consumption. (FEIR,
pp. 17, 118.) Although a commentator asked about the use of
reclaimed water, the nearest planned water reclamation
facility to the Project is the Otay Valley Road east of 1-
805. (Responses to Comments, p. 168.) Conveyance pipelines
to be constructed in conjunction with the proposed water
reclamation facility to certain uses within the region.
Typical markets for reclaimed water include, parks, golf
courses, cemeteries and large landscaping (such as Caltrans
right-of-way. Double piping must be provided for
distribution of reclaimed water. A market for reclaimed
water has not been identified in the Central Chula vista
area in which the Project is located. This is due to the
fact that large park or landscape areas suitable for
reclaimed water do not exist in downtown Chula vista and the
area does not have double pipes. The use of reclaimed water
is therefore infeasible. The Decisionmaker(s) finds that
there are no feasible mitigation measures or alternatives
available to prevent the cumulative impacts caused in part
by the Project. As set forth in the Statement of Overriding
Considerations in Exhibit D, the Decisionmaker(s) concludes
that the environmental detriment associated with the
unavoidable significant effect is rendered acceptable by the
benefits of approving the Project, namely, the fulfillment
of the attainment of the goals and objectives of the
Redevelopment Plan, the creation of additional construction
jobs, the substantial increase in property tax base, the
amount of revenue to the City of Chula Vista by tax
revenues, the creation of 481 permanent jobs, the provision
of a needed hospital expansion, provision of additional
physician services and medical specialties in the medical
office buildings, improvement of the image of the Town
Centre II Redevelopment Area, improving the street
circulation system, and provision of enhanced 24-Hour.
emergency medical service; dedication of land to the
Sweetwater School District for construction of a new
classroom for the Junior High School; and correction of an
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existing storm drain flooding problems associated with the
junior high school.
g) Public Services/Pacilities
A. storm Drains
The EIR identifies the following as a significant
impact.
Sianificant ImDact:' There currently exists a storm
drain flooding problem affecting the adjacent junior
high school. (FEIR, pp. 18, 119, 120.)
B. ~
The EIR identifies the following as a significant
impact.
Sianificant ImDact: If improperly constructed, the
Project could increase risk from fires. In addition,
water pressure may not adequate for the City of Chula
Vista to fight fires. (FEIR, pp. 18, 119, 121.)
C. Sewer
The EIR identifies the following as a significant
impact.
Sianificant ImDact: The sewer line in H street is
nearing capacity. Portions of the sewer lines in H
street and G street are flowing near or over capacity
at times of peak flow. (FEIR, pp. 18, 119, 121-122;
Responses to Comments, p. 40.)
D. School
The EIR identifies the following as a significant
impact.
Sianificant ImDact: Although no direct student
generation would occur with implementation of the
proposed non-residential project, students may
indirectly generated as more employees are hired with
expansion of the hospital facility and move into the
area to live and work. The Project at build-out would
generate 481 new employees. These employees could
generate 80 elementary age children over the next 10-15
years who would attend the existing 32 elementary
schools in the school district. The Chula vista
elementary schools are experiencing overcrowding.
(FEIR, pp. 19, 122-123; Responses to Comments, pp. 65.)
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MitiaatioD Measures:
(
A. storm Drains
The Project, as proposed, would construct a duct for
the junior high schools storm drain into the hospital's
proposed storm drain system. Development of the subject
site must comply with all applicable regulations
established by the Environmental Protection Agency
(EPA) as set forth in the National Pollutant Discharge
Elimination System (NPDES) permit requirements for
storm water discharge. If required, a NPDES permit
would be obtained for any storm water discharge,
discharge of wells, or temporary ground water
dewatering associated with excavation for the parking
garage and any below ground structural improvement.
(FEIR, pp. 18, 19, 123.)
B. ' ~
The proposed project would be constructed in compliance
with Chula Vista Fire Department standards, including:
(a) All buildings including the parking structure will
contain an approved standpipe and fire sprinkler system
and a fire alarm system; (b) Additional fire hydrants
will be installed as required by the Chula vista Fire
Department; (c) All State Fire Marshall CAC - Title 19
regulations shall be met; and (d) provision of a 26-
foot wide access road into Chula vista Junior High
School from the north interior road off of Fifth
Avenue. Furthermore, the City of Chula vista Fire
Department will work directly with the Sweetwater
Authority to ensure adequate water pressure for
emergency fire flows. The required fire flow for a
fire sprinkler system shall be 3,000 gallons per
minute. (FEIR, pp. 18, 20, 121, 123.)
(
C. Sewer
Prior to issuance of a grading permit for project
implementation, preparation of a technical report will
be completed to the satisfaction of the City Engineer,
under City engineering standards and the design
criteria set forth in the Chula Vista subdivision
Manual, and incorporated as conditions of project
approval addressing the following items in both the H
Street and G Street sewer systems: (a) Average daily
wastewater flow from the project; (b) Peak wastewater
flow from the project and the time and of week when
peak flow is expected to occur; (c) Hydraulic analysis
of the impact that peak flow will have on existing
sewer lines from point of connection to the wastewater
flow metering station. Existing flows shall be
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included; and (d) Recommendations for any improvements
necessary to maintain flow in the sewers in accordance
with City of Chula Vista design standards, including
the installation of a gravity sewer line which direct
all sewage to G street so as not to further impact the
H street line. (FEIR, pp. 18-19, 20, 121-122, 123;
Responses to Comments, p. 40.)
D. School
State Government Code Sections 53080; 65955 and 65966
determine the fair share burden of school facilities
mitigation costs that may be placed on any commercial
development under CEQA. Under these sections, the ~
mitigation for impacts to schools are these fees as the
CUP is not a legislative action. The Project Applicant
must pay the State-mandated impact fee requirements.
(FEIR, pp. 19, 20, 122-123, 124; Responses to Comments,
pp. 65, 67, 69.).
(
Findina: Changes or alterations have been required in,
or incorporated into, the Project which avoids the
significant environmental effects as identified in the
EIR. To the extent that the school district's claim
that cumulative school impacts remain significant, this
single Project cannot be expected to mitigate the
cumulative problem of school district overcrowding.
The annexation of the Project to the school district's
Community Facilities District No. 5 under Mello-Roos is
outside of the control of the Decisionmaker(s). It
must be initiated by the school district and would re-
quire a 2/3 vote, by acreage, of the property owners
affected. The Decisionmaker(s) finds that there are no
feasible mitigation measures or alternatives available
to prevent the cumulative impacts to schools caused in
part by the Project. As set forth in the Statement of
Overriding Considerations in Exhibit 0, the Decision-
maker(s) concludes that the environmental detriment
associated with the unavoidable significant effect is
rendered acceptable by the benefits of approving the
Project, namely, the fulfillment of the attainment of
the goals and objectives of the Redevelopment Plan, the
creation of additional construction jobs, th~ substan-
tial increase in property tax base, the amount of rev-
enue to the City'of Chula Vista by tax revenues, the
creation of 481 permanent jobs, the provision of a
needed hospital expansion, provision of additional
physician services and medical specialties in the
medical office buildings, improvement of the image of
the Town Centre II Redevelopment Area, improving the
street circulation system, and provision of enhanced
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24-Hour emergency medical service; dedication of land
to the Sweetwater School District for construction of a
new classroom for the Junior High school; and
correction of an existing storm drain flooding problems
associated with the junior high school.
10) SecondarY ImDacts.
The EIR identifies the following as a potentially
significant impact.
PotentiallY Sianificant ImDactl The Redevelopment Agency
has requested that the applicant search for relocation sites
for specific uses on the project site. Relocation sites for
the remaining uses on the project site would be determined
following execution of the OWner Participation Agreement
between the Redevelopment Agency and the Project Applicant.
The on-site cinema is proposed to be relocated in the
expanded Chula Vista Shopping Center. An EIR is currently
being prepared for the shopping center expansion (EIR 91-
04). Scripps has purchased Farrell's interest. The roller
rink is currently in escrow on a new site in the City of
Chula vista. The cumulative environmental impacts
associated with the expanded Chula vista Shopping center
(Which includes the proposed theater) were analyzed in the
FEIR. with regard to the roller rink, the owner of the rink
is currently in escrow for new property. However, no
application for a conditional use permit or other
entitlements for a new roller rink have been submitted to
the city at this time and any analysis of the impacts
associated with the roller rink would be purely speculative.
Once an application has been received and the full extent of
the project known, environmental review in compliance with
CEQA and its implementing will be commenced. As the
relocation of the other existing businesses are also
entirely speculative, these relocations will be subject to
supplemental environmental review. Impacts mayor may not
be significant (FEIR, pp.43-044i Responses to Comments, p.
33.)
Findina: The impacts associated with the relocation are
speculative and it is unknown whether these impacts will be
significant or less than significant. As such, it is
unknown whether there exist feasible mitigation measures or
alternatives that can avoid or substantially lessen these
impacts. Subsequent environmental review will take place
for these relocations. To the extent that impacts remain
significant after the adoption of all feasible mitigation
measures, as set forth in the Statement of Overriding
Considerations attached to this Resolution as Exhibit 0, the
Decisionmakers (s) concludes that the environmental detri-
(
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ment associated with the potentially unavoidable significant
effect is rendered acceptable by the benefits of approving
the Project, namely, the fulfillment of the attainment of
the goals and objectives of the Redevelopment Plan, the
creation of additional construction jobs, the substantial
increase in property tax base, the amount of revenue to the
City of Chula vista by tax revenues, the creation of 481
permanent jobs, the provisions of a needed hospital
expansion, provision of additional physician services a
medical specialties in the medical office buildings,
improvement of the image of the Town Centre, and provision
of enhanced 24-Hour emergency medical service; dedication of
land to the Sweetwater School District for construction of a
new classroom for the Junior High School; and correction of
an existing storm drain flooding problems associated with
the junior high school.
B. Public Resources ~ Section 21081(b)
The Decisionmaker(s) having reviewed and considered
the information contained in the FEIR for the project, and
the information in the Administrative Record, finds that
there are no further changes or alterations to the project,
that would avoid or substantially lessen the significant
environmental impacts that are within the responsibility and
jurisdiction of another public agency and should be adopted
by such other agency.
(
Public Resources Code Section 21081(c): The
Infeasibilitv 2f Mitiaation Measures and proiect
Alternatives Other ~ the Pronosed Berinns
Memorial Hosnital Exnansion proieet.
The Decisionmaker(s) approval of the Project as
proposed will cause the following significant adverse
environmental effects, which cannot be substantially
lessened or avoided with the adoption of all feasible
mitigation measures: visual impacts, secondary effects, and
cumulative impacts on water conservation and schools. As
discussed above there are no feasible mitigation measures
that can substantially lessen this effect, the
Decisionmaker(s) has also considered whether any of the
project alternatives outlined in the EIR could feasibly
substantially lessen or avoid this effect while satisfying
the objectives of the Scripps Memorial Expansion Hospital
Project. (~Citizens ~ Oualitv Growth ~ ~ Q! Mount
Shasta (1988) 198 Cal.App.3d 433, 443-445 [243 Cal.Rptr.
727]; ~ ~ Pub. Resources Code, section 21002.) As will
be explained below, the Decisionmaker(s) concludes that none
of the proposed alternatives could feasibly both meet the
Project's objectives and substantially lessen or avoid the
C.
(
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unavoidable significant effect of the Project, and thus has
decided to approve the Project as proposed with all feasible
mitigation measures outlined above.
However, pursuant to Public Resources Code Section
2l081(c), the Decisionmaker(s) find and conclude that the
following independent economic, social, or other
considerations make infeasible the project alternatives or
other possible mitigations as identified in the EIR. The
Decisionmaker(s) further find that each independent
consideration, standing alone, would be sufficient to make
infeasible the following project alternatives.
1. HQ Proiect/No Develooment Alternative ADS
Alternative ~ Analvsis.
(
This alternative would retain the site in its current
rundown and blighted condition. This alternative would
avoid the visual and secondary impacts, as well as cum-
ulative impacts to water conservation and school over-
crowding. (FEIR, pp. 150-151.) This alternative would not
result in attainment in the goals and objectives of the
Chula vista Redevelopment Plan, the zoning Code, or the
General Plan. Although under this alternative, Scripps
would remain its current size and the significant unmiti-
gated impacts such as visual quality would be avoided, this
alternative would DQt revitalize or rehabilitate this por-
tion of the community. Nor would it provide needed hospital
facilities, and physician services in the urban core of the
city of Chula vista, or provide approximately 481 new jobs
in Chula Vista. Under an alternatives sites analysis, the
sites proposed in the Eastern territories (Responses to
Comments, p. 154) are within largely undeveloped areas of
land and significant visual impacts could occur from a 4
story hospital and 6 medical office building placed in the
area. This Eastern Territories area also has significant
water supply problems. The city of Chula vista under its
growth management ordinance requires any development in the
Eastern Territories to have a water conservation plan. In
addition, reclaimed water is being required in new
developments in the Eastern territories for golf courses,
cemeteries and parks. Because of the largely undeveloped
area, impacts to vegetation, biological resources and
cultural resources could occur. Land use/community
character impacts could occur with the development of a
hospital in an area that is expected to be primarily
residential. Impacts associated with noise, air quality,
traffic and geology are expected to be the same as the
proposed project. Secondary effects would be avoided under
this alternative. Impacts on cumulative school overcrowding
(
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would be the same. (FEIR, pp. 151-152; Responses to
Comments, pp. 108, 119, 154, 169.) Therefore, the selection
of an off-site alternative would not reduce the remaining
significant impacts (visual and water conservation) to less
than significant levels. In addition, development of the
existing site proposed is a primary objective of the
Project. If only the expansion were to occur on an
alternative site, redundancies in certain administrative and
other functions would need to occur in order operate an
expanded hospital complex at two separate sites. From the
standpoint of direct impacts to physical resources and
impacts associated with isolation and fragmentation of
sensitive habitat, infill development is generally
environmentally preferred over development in outlying
vacant areas.
The expansion of the hospital to the north and east
would have the similar impacts as the Project on visual
quality, cumulative water supply and school overcrowding.
Scripps does not own the area immediately north which is not
in a redevelopment area. Secondary effects may not be
avoided under this issue due to the need to demolish
existing facilities to the north and east. Therefore, City
assistance would not be available to assemble the required
land for the expansion. In addition a vacant 13-acre lot
does not exist within the urban core. Based upon these
factors, each of the alternative discussed in this section
are determined to be infeasible.
2. HQ ~ Street Access Alternative.
Under this alternative access for employees and
emergency vehicles would be limited to 5th Ave. and H st.
with no access allowed from G st. The impacts associated
with this alternative would be the same as for the proposed
Project with the exception that noise impacts from emergency
vehicles using G st. would be avoided. (FEIR, pp. 130-131.)
Since it was determined in the FEIR that noise impacts are
not significant, this alternative would not mitigate any of
the identified significant environmental impacts. Therefore
this alternative is determined to be unnecessary and
infeasible.
3. H Street Business Coalition Alternative.
Under this phasing alternative, Arby's Restaurant,
First Interstate Bank and Readicare would remain on site
during Phase I of the hospital expansion. Although the
hospital expansion square footage and facilities would be
identical, the location of the proposed medical office
building would need to be redesigned as would the entry
along H st.
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Impacts for this alternative would generally be the
same with regard to geology and schools. Impacts associated
with water conservation would also remain the same under
this alternative as the same cumulative impacts are present.
However, impacts to land use, visual quality, traffic, noise
and air quality would change under this alternative. Land
use impacts would occur with respect to the elimination of
some parking, landscaping and courtyard areas at the
southwest corner of the site during Phase I 'with the
retention of the commercial uses. It is acknowledged that
retention of these uses may offer a higher commercial
utilization of the site during Phase I by continuing to
offer these commercial services within the project area.
However, retention of these uses would also require a
redesign of the proposed medical office building. The
selection of this alternative would require further
environmental and design review to assess potential visual
impacts not anticipated by the proposed project during Phase
I. However, the visual impacts associated with the Project
(the medical office building and the parking structure) will
remain whether the 6-story wing is built in the first house
with a 4-story medical office building. in Phase Ultimate as
suggested by a commentator (Response to Comments, p. 44) or
as shown in the coalition's proposal ( 5 story medical
office building in Phase 1). Increased Traffic impacts under
this alternative are associated with an additional 3,228
ADTs. Traffic circulation impacts may also occur due to the
close proximity or the Arby's driveway during Phase I to the
hospital ingress driveway. Traffic mitigation required by
this alternative would include the widening of the north
side of H st. by two (2) to four (4) feet to accommodate a
raised median and westbound auxiliary lane. There would
also be a necessity for the Project to find additional
parking as this alternative removes 370 spaces of the
proposed surface parking. Finally, noise and air quality
impacts under this alternative are associated with the 1,614
additional ADTs generated within Phase I, thereby resulting
in an incremental increase in noise and air pollution
emissions than the proposed project. Secondary effects
would remain because the businesses would still have to be
relocated in Phase Ultimate (rather than in Phase 1 as in
the proposed project). (FEIR, pp. 132-141; Responses to
comments, pp. 9, 44.)
This phasing alternative would entail substantial,
deleterious compromises in on-site traffic circulation,
visibility of the Hospital buildings and entrance from H st.
and vehicular entry onto the Hospital site from H st. It
would also compromises the "wellness environment" of the
Hospital by exposing patients to additional noise and food
(
(
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odors. Because this alternative does not mitigate the
significant impacts identified the FEIR that remain (visual
and secondary and cumulative water conservation and school
impacts) and because this alternative would result in
potentially more traffic impacts than the proposed
alternative, and entail undesirable design compromises, this
alternative is deemed less desirable and therefore
infeasible.
4. Retail ~ Entertainment Alternative.
Under this alternative the 8.9 acre expansion area
would be redeveloped exclusively as a commercial center.
The center would include a combination of restaurants,
theaters, banks, and recreational uses for a total of
124,990 sq. ft. No hospital expansion would occur with this
alternative.
Impacts under this alternative would generally be the
same as for the proposed project for geology/soils and
schools. Impacts due to water conservation would remain
significant and unmitigable, similar to the proposed
Project. Health impacts would be reduced under this
alternative since no hospital expansion would occur.
Potential school impacts may occur with this alternative
since it is not known whether the northwest portion of the
site would be dedicated to the Sweetwater Union High School
District as it would be with the proposed project. No
significant land use/community character impacts are
anticipated with this alternative, however, the potential
land use compatibility issues could result from a
retail/entertainment use adjacent to the Junior High School.
Traffic impacts under this alternative are expected to be
greater than the proposed project due to the fact that
approximately 12,313 ADTs would be generated in contrast to
9,105 ADTs generated by the hospital expansion project at
build out. Mitigation measures under this alternative would
include the widening of the north side of H st. to provide
an additional auxiliary access right turn lane to
accommodate a raised median. (FEIR, pp. 141-150; Responses
to Comments, pp. 45, 47, 121.) visual impacts under this
alternative would likely be less than the proposed Project.
Although detailed design is not available, it is assumed
that the proposed commercial structure would be of a lower
profile than the 4~6 story hospital and medical office.
Visual changes associated with the bulk and scale of the
structures for the hospital expansion would not occur under
this alternative. Secondary effects may remain if existing
businesses were to be relocated.
(
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Selection of this alternative would preclude an
expanded and enhanced central medical facility within the
core of Chula Vista, depriving the City of more hospital
beds, enhanced surgery, obstetrical and emergency
facilities, and more physician services and medical
specialties. Selection of this alternative would also
result in the creation of fewer new jobs. The benefits
associated with the location of the scripps Hospital
Expansion within the core of the Redevelopment Area is of
critical importance to the Decisionmaker(s). Because of the
need for more and higher quality hospital and physician
services in the urban core of Chula vista and increased
employment opportunities, and because of the increased
traffic impacts associated with this alternative, this
alternative is determined to be less desirable and therefore
infeasible.
5. Reduced Intensitv Alternative.
Under this alternative, the medical office building
would be reduced to three (3) stories for each building wing
and the project would lose approximately 46,500 sq. ft. of
medical office space. The visual impacts would therefore
be less than significant after mitigation. There would be
fewer traffic impacts as a result of 2,325 fewer ACTs
generated thereby reducing the incremental noise and air
pollution emissions. This alternative would also reduce the
school and water conservation impacts, although they would
remain cumulatively significant. Secondary effects would
remain. Geology/soils, land use and health impacts would
remain the same as the proposed project. (FEIR, pp. 150-
151; Responses to Comments, p. 137.)
This reduction in office space would result in less
revenue to the City and would also result in a proportionate
decrease in the availability of physician services and
immediately adjacent office space to the primary hospital
use. This alternative would reduce the amount of employment
on the site. This alternative would not fulfill the demand
for hospital beds in the Chula vista area.
6. Other Alternatives.
A commentator suggested that hospital provide
alternative access to Fourth Avenue. (Responses to
Comments, p. 15.) The implementation of Fourth Street
Access would not improve the level of service at the H
Street/Fourth Avenue intersection, and could lead to a
degradation in service. (FEIR, p. 82; Responses to
Comments, pp. 15-16. The Decisionmaker(s) reject this
alternative as infeasible because impacts by the Project
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(
have been mitigated to less than significant and this
alternative may worsen the impacts to traffic.
Another commentator suggested that the expansion occur
totally on the existing 4.7 acre of the site. (Responses to
Comments, p. 188.) Expansion would not be possible because
the site is currently well utilized and there is no space
for expansion. If expansion occurred vertically, this would
require a hospital and medical office building and parking
garage much larger then the current project. The visual
impacts would remain significant. The Decisionmaker(s}
reject this alternative as infeasible.
The superseded Draft contained an alternative which was
not incorporated into the Recirculated Draft EIR. This
alternative, "restaurant alternative," was to allow only
Arby's to remain on site during Phase 1. The H street
Business Coalition requested analysis of their proposed
alternative in comments on the superseded Draft DIR. The H
street Business Coalition alternative included the retention
of Arby's, as well as certain other existing businesses.
Therefore, the "restaurant alternative" was not included in
the Recirculated Draft as it was no longer a feasible
alternative. The Decisionmaker(s) also reject the "res-
taurant alternative" as infeasible because, like the H
street Coalition Alternative, it would not have avoided
impacts to visual quality, potential secondary effects,
cumulative water conservation and school overcrowding.
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E:. .bit C
to. the Resolution Granting a Conditional Use Permit
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282
Exhibit D
to the Resolution Granting a Conditional Use Permit
,
STATEMENT OP OVERRIDING CONSIDERATIONS:
~ Guidelines section 15093
The DecisionmakerCs) in approving the various permits
that are the subject of the FEIR, having considered the
information contained in the FEIR, and having reviewed and
considered the public testimony and record, makes the
following statement of overriding Considerations in support
of the Findings. The DecisionmakerCs) further find and
conclude that the public benefits of the project outweigh
the identified significant unmitigated impacts with regard
to visual quality, secondary effects, and cumulative water
conservation and school overcrowding. The DecisionmakerCs)
find that the following factors support approval of the
project despite the FEIR identified and public comment
alleged potentially significant environmental impacts and
therefore the DecisionmakerCs) make the following statement
of Overriding Considerations:
(
1. The project will help fulfill attainment of the
goals and objectives of the City of Chula vista
Redevelopment Plan, the Zoning Code, and the General Plan by
allowing development of the site with a use that is
appropriate and at a density which is appropriate, taking
into account the surrounding development.
2. The project has incorporated measures to reduce
the direct and indirect environmental impacts and to help
minimize and alleviate the existing conditions.
3. The project will result in the following public
improvements at no cost to the City of Chula vista: Ca)
additional westbound lane on H st., along the project
frontage in Phase I, and extended to Fourth Avenue in the
Ultimate Phase; Cb) raised median along H st. between
existing improvements at Fourth Avenue and Fifth Avenue; Cc)
northbound access lane along Fifth Avenue; and Cd) land
dedications for the above improvements.
4. The following extraordinary public benefits are
associated with the project: Ca) the creation of additional
construction jobs; (b) substantial increase in property tax
base; Cc) project at build out would generate approximately
$2.3 million in sales tax, tax increment, and utility and
franchise tax revenues; Cd) approximately 481 permanent
jobs; Ce) provision of needed hospital expansion, including
in Phase I, 99 patient beds and enhanced surgery and
(
~3
(
obstetrics facilities; (f) provision of additional physician
services and medical specialties in the medical office
buildings; (g) improvement of the image of the Town Centre
II Redevelopment Area; (h) provision of street circulation
system improvements; (i) provision of enhanced 24-Hour
emergency medical service; (j) dedication of land to the
Sweetwater School District for construction of a new
classroom for the Junior High School; (k) correction of an
existing storm drain flooding problems associated with the
junior high school. (FEIR, pp. 165-174, FEIR Addendum, pp.
1-9.)
Although the Decisionmaker(s) find that the only
impacts that remain significant are visual, secondary, and
cumulative water conservation and school impacts, if other
impacts were found to remain by a court, the Decisionma-
keres) find and conclude that the above considerations would
also override any remaining impacts.
(
(
284
RESOLUTION NO. 16407
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, APPROVING, AFTER
PUBLIC HEARING, THE SALE OF CERTAIN
DESIGNATED PROPERTY OF THE COMMUNITY
REDEVELOPMENT AGENCY FOR REDEVELOPMENT TO
SCRIPPS MEMORIAL HOSPITALS PURSUANT TO, AND
IN FURTHERANCE OF, THE REDEVELOPMENT PLAN,
MAKING CEQA FINDINGS, APPROVING A STATEMENT
OF OVERRIDING CONSIDERATIONS, AND ADOPTING A
MITIGATION MONITORING PROGRAM.
WHEREAS, the Redevelopment Agency of the City of Chula
vista, a political subdivision of the state of California,
"Agency" herein, is charged with the elimination of blighting
influences in the city; and,
WHEREAS, in conjunction with its responsibility to eliminate
blight, the Agency has formed the Town Centre II Redevelopment
Project Area, consisting of various non-contiguous Project
Locations, one of which, Project Location No.4, includes a
certain designated area described as follows:
is a rectangular area of land approximately 8.9 acres
bounded on the south by H street, on the east by the
western boundary of the parcel commonly known as 435 H
street (the parcel on which the existing Scripps
Hospital is currently located), on the west by Fifth
Avenue, and on the north by the southern boundary of
the parcel on which the Chula Vista Junior High School
is located, commonly known as 415 Fifth Avenue, and is
diagrammatically presented as the shaded area within
the bolded area designated in Exhibit A ("Property");
WHEREAS, on or about July 12, 1988, the Agency had become
seriously concerned about the blighting influences located in and
around said Property; and,
WHEREAS, in conjunction with a plan for the expansion of
their existing hospital facility currently adjacent to the
Property (to wit: 435 H Street), Scripps Memorial Hospital
("Scripps") has submitted a redevelopment plan ("Scripps Plan")
with the Agency for use of the Property as a hospital campus
containing an expanded hospital, as well as related medical
facilities such as one or more medical office buildings and
surface and structured parking, all as more fully set forth as
the proposed project in the EIR No. 90-07 ("Scripps Plan" or
alternatively "Proposed Project"); and as a result thereof, at a
scrp-33.wp
October 31, 1991
315
Scripps 33433 Resolution
Page 1
joint special meeting of the City Council and the Agency held on
November 7, 1991 ("Meeting"), the City Council adopted resolu-
tions including a resolution finding that the Environmental
Impact Report was prepared in compliance with CEQA ("Council
Certification Resolution"), and a resolution making various other
findings required by CEQA, adopting a statement of overriding
considerations, and approving a mitigation monitoring and
reporting program ("Council CUP Resolution") and a resolution of
necessity ("Necessity Resolution"); and,
WHEREAS, at said public meeting the Agency had rejected all
.other plans for the development of the Property other than
Scripps, and had presented to it by Scripps, an irrevocable
option to contract with Scripps for the redevelopment of the
subject Property, all as articulated in the Scripps Hospital
Expansion Owner Participation Agreement between the Agency and
Scripps Memorial Hospitals, dated for the purposes of reference
as of November 7, 1991, ("OPA" herein); and,
WHEREAS, the OPA proposes the sale of the aforementioned
Property now owned or to be acquired by the Agency to Scripps;
and,
WHEREAS, under the provisions of Health and Safety Code
section 33433, before any property of the Agency acquired in
whole or in part, directly or indirectly, with tax increment
moneys is sold or leased for development pursuant to the
redevelopment plan, the sale or lease shall first be approved by
the City Council after public hearing, duly called, noticed and
held in the manner required by law; and,
WHEREAS, the Agency has caused to be prepared, and has made
available to the public for public inspection and copying a copy
of the OPA and a report containing the requirements of Section
33433, which report was entitled, "PUBLIC REPORT: DISPOSITION OF
PROPERTY PARCEL NUMBERS: BOOK 568, BLOCK 370, PARCELS 30, 31,
32, 33, 34, 40, 42, 47, 48, BY THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA" dated October 2, 1991 ("Section 33433
Report", herein), which by reference thereto is incorporated
herein and maintained on file in the Office of the City Clerk;
and,
WHEREAS, at said public meeting, pursuant to the
requirements of Health and Safety Code Section 33433, the City
was called upon to approve the OPA involving the sale of property
owned or to be acquired by the Agency; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS
FOLLOWS:
scrp-33.wp
October 31, 1991
316
Scripps 33433 Resolution
Page 2
1. The section 33433 Report was made available to the
public no later than the time of publication of the first notice
of the hearing, to wit: October 2, 1991.
2. The public hearinq at or after which this resolution was
adopted was duly noticed at to its time and place in a newspaper
of general circulation in the community for at least two
successive weeks prior to the hearing.
3. The Aqency has not provided that the approval of sale of
property should be by a vote of two-thirds of its members, and
accordingly, only a majority vote is required for the adoption of
this resolution.
4. The Agency hereby finds that the consideration for the
Property is not less than fair market value in accordance with
covenants and conditions governing the sale.
5. The consideration which the Agency is receiving for the
sale of the Property is necessary to effectuate the purposes of
the Town Centre II Redevelopment Plan.
6. The section 33433 Report has been prepared, and filed in
the Office of the City Clerk and in the Office of the Executive
Direc~or, and made available for public inspection and copying,
all in the manner required by law. Same is incorporated herein
by reference as if set forth in full herein.
7. All protests, if any, to the proposed project, and the
sale of property contemplated therein, were made and received at
said public hearing.
8.
approve
OPA.
The city council of the city of Chula vista does hereby
the sale of the Property in the manner set forth in the
9.
Lead Agency has Complied with CEQA.
In related proceedings held by the City Council and Agency
Board, at the Meeting at which this resolution was passed and
adopted, the Agency Board, acting as the city Council, reviewed
and approved the Final Environmental Impact Report (IFEIR"l which
considered this approval as part of the Project and which was
prepared in contemplation that condemnation of all or a portion
of the Property, referred to in the FEIR as a "acquisition and
disposition by voluntary sale or use of eminent domain, including
the possible use of redevelopment agency eminent domain powers"
(see FEIR, page 26) would be one of the discretionary actions.
said City Council certified that the FEIR was prepared in
scrp-33.wp
October 31, 1991
317
Scripps 33433 Resolution
Page 3
accordance with CEQA all as more fully set forth in their
Resolution ("Council Certification Resolution"), made certain
findings in the manner required by law, and adopted a statement
of Overriding Considerations and a Mitigation Monitoring and
Reporting Program as permitted by CEQA all as more fully set
forth in their Resolution ("Council CUP Resolution") incorporated
herein by reference.
10. Concurrence with Lead Agency's Conclusions.
The Agency has reviewed and considered the FEIR, No. 90-07,
and concurs in the determination of the city that the FEIR was
prepared in compliance with the California Environmental Quality
Act ("CEQA"), and has fully considered the environmental effects
of the project as shown therein. Furthermore, had the Agency
been designated as the lead agency, it would have made each and
every finding and conclusion, made by the City Council with
regard to the FEIR and the Project, from an environmental
perspective. Specifically, the Agency hereby finds as follows:
A. Adoption of Findings.
The Agency has reviewed, considered, and wholly agrees
with the contents and does hereby approve, accept as its own,
incorporate as if set forth in full herein, and makes each and
everyone of the CEQA Findings attached to the Council CUP
Resolution as Exhibit B.
B. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in Exhibit B
attached to the Council CUP Resolution, the Agency hereby finds,
pursuant to Public Resources Code Section 21081 and CEQA
Guidelines section 15091, that the mitigation measures described
in the FEIR are feasible, and will become binding upon the
Agency.
C. Infeasibility of Alternatives.
As set forth in Exhibit B to the Council CUP
Resolution, the Agency hereby finds that none of the proposed
project alternatives set forth in the Final EIR can feasibly and
substantially lessen or avoid the potentially significant adverse
cumulative environmental effects that will not be substantially
lessened or avoided by the adoption of all feasible mitigation
measures.
D. Adoption of Mitigation and Monitoring Program.
scrp-33.wp
October 31, 1991
318
Scripps 33433 Resolution
Page 4
As required by Public Resources Code section 21081.6,
the Agency hereby adopts the mitigation monitoring and reporting
program ("Program") set forth in Exhibit C to the Council CUP
Resolution, incorporated herein by reference. The Agency hereby
finds the Program is designed to ensure that, during project
implementation, the Permittee/Project applicant, and any other
responsible parties, implement the Project components and comply
with the feasible mitigation measures identified in the Exhibit B
to the Council CUP Resolution.
E. statement of Overriding Considerations.
Even after the adoption of all feasible mitigation
measures and alternatives, certain significant or potentially
significant adverse environmental effects caused by the Project
will remain. Therefore, the Agency hereby issues, pursuant to
CEQA Guidelines section 15093 and as set forth in Exhibit D
attached to the Council CUP Resolution, a statement of overriding
considerations identifying the specific economic, social, and
other considerations that render that unavoidable significant
adverse environmental effect acceptable.
Passed, approved and adopted this
1991.
th day of
Tim Nader, Mayor,
city of Chula Vista,
California
Attest:
J
City Clerk of the City of
Chula Vista, California.
(SEAL)
\.
scrp-33.wp
October 31, 1991
319
Scripps 33433 Resolution
Page 5
320
SITE
~
· Sca,.
Exhibit A
to
33433 Resolution
Diagram of property
~
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scrp-33.wp
October 31, 1991
321
Scripps 33433 Resolution
Page 6
322
RESOLUTION NO. 16407
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, APPROVING, AFTER
PUBLIC HEARING, THE SALE OF CERTAIN
DESIGNATED PROPERTY OF THE COMMUNITY
REDEVELOPMENT AGENCY FOR REDEVELOPMENT TO
SCRIPPS MEMORIAL HOSPITALS PURSUANT TO, AND
IN FURTHERANCE OF, THE REDEVELOPMENT PLAN,
MAKING CEQA FINDINGS, APPROVING A STATEMENT
OF OVERRIDING CONSIDERATIONS, AND ADOPTING A
MITIGATION MONITORING PROGRAM.
WHEREAS, the Redevelopment Agency of the City of Chula
Vista, a political subdivision of the State of California,
"Agency" herein, is charged with the elimination of blighting
influences in the City; and,
WHEREAS, in conjunction with its responsibility to eliminate
blight, the Agency has formed the Town Centre II Redevelopment
Project Area, consisting of various non-contiguous Project
Locations, one of which, Project Location NO.4, includes a
certain designated area described as follows:
is a rectangular area of land approximately 8.9 acres
bounded on the south by H Street, on the east by the
western boundary of the parcel commonly known as 435 H
Street (the parcel on which the existing Scripps
Hospital is currently located), on the west by Fifth
Avenue, and on the north by the southern boundary of
the parcel on which the Chula vista Junior High School
is located, commonly known as 415 Fifth Avenue, and is
diagrammatically presented as the shaded area within
the bolded area designated in Exhibit A ("Property");
WHEREAS, on or about July 12, 1988, the Agency had become
seriously concerned about the blighting influences located in and
around said Property; and,
WHEREAS, in conjunction with a plan for the expansion of
their existing hospital facility currently adjacent to the
Property (to wit: 435 H Street), Scripps Memorial Hospital
("Scripps") has submitted a redevelopment plan ("Scripps Plan")
with the Agency for use of the Property as a hospital campus
containing an expanded hospital, as well as related medical
facilities such as one or more medical office buildings and
surface and structured parking, all as more fully set forth as
the proposed project in the EIR No. 90-07 ("Scripps Plan" or
alternatively "Proposed Project"); and as a result thereof, at a
scrp-33.wp
November 6, 1991
scripps 33433 Resolution
Page 1
joint special meeting of the City Council and the Agency held on
November 7, 1991 ("Meeting"), the City Council adopted resolu-
tions including a resolution finding that the Environmental
Impact Report was prepared in compliance with CEQA ("Council
certification Resolution"), and a resolution making various other
findings required by CEQA, adopting a statement of overriding
considerations, and approving a mitigation monitoring and
reporting program ("Council CUP Resolution") and a resolution of
necessity ("Necessity Resolution"); and,
WHEREAS, at said public meeting the Agency had rejected all
other plans for the development of the Property other than
Scripps, and had presented to it by Scripps, an irrevocable
option to contract with Scripps for the redevelopment of the
subject Property, all as articulated in the Scripps Hospital
Expansion Owner Participation Agreement between the Agency and
Scripps Memorial Hospitals, dated for the purposes of reference
as of November 7, 1991, ("OPA" herein); and,
WHEREAS, the OPA proposes the sale of the aforementioned
Property now owned or to be acquired by the Agency to Scripps;
and,
WHEREAS, under the provisions of Health and Safety Code
Section 33433, before any property of the Agency acquired in
whole or in part, directly or indirectly, with tax increment
moneys is sold or leased for development pursuant to the
redevelopment plan, the sale or lease shall first be approved by
the City Council after public hearing, duly called, noticed and
held in the manner required by law; and,
WHEREAS, the Agency has caused to be prepared, and has made
available to the pUblic for public inspection and copying a copy
of the OPA and a report containing the requirements of Section
33433, which report was entitled, "PUBLIC REPORT: DISPOSITION OF
PROPERTY PARCEL NUMBERS: BOOK 568, BLOCK 370, PARCELS 30, 31,
32, 33, 34, 40, 42, 47, 48, BY THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA" dated October 2, 1991 ("Section 33433
Report", herein), which by reference thereto is incorporated
herein and maintained on file in the Office of the City Clerk;
and,
WHEREAS, at said public meeting, pursuant to the
requirements of Health and Safety Code Section 33433, the City
was called upon to approve the OPA involving the sale of property
owned or to be acquired by the Agency; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS
FOLLOWS:
scrp-33.wp
November 6, 1991
Scripps 33433 Resolution
Page 2
1. The Section 33433 Report was made available to the
public no later than the time of pUblication of the first notice
of the hearing, to wit: October 2, 1991.
2. The public hearing at or after which this resolution was
adopted was duly noticed at to its time and place in a newspaper
of general circulation in the community for at least two
successive weeks prior to the hearing.
3. The Agency has not provided that the approval of sale of
property should be by a vote of two-thirds of its members, and
accordingly, only a majority vote is required for the adoption of
this resolution.
4. The Agency hereby finds that the consideration for the
Property is not less than fair market value in accordance with
covenants and conditions governing the sale.
5. The consideration which the Agency is receiving for the
sale of the Property is necessary to effectuate the purposes of
the Town Centre II Redevelopment Plan.
6. The section 33433 Report has been prepared, and filed in
the Office of the City Clerk and in the Office of the Executive
Director, and made available for public inspection and copying,
all in the manner required by law. Same is incorporated herein
by reference as if set forth in full herein.
7. All protests, if any, to the proposed project, and the
sale of property contemplated therein, were made and received at
said public hearing.
8.
approve
OPA.
The city Council of the City of Chula vista does hereby
the sale of the Property in the manner set forth in the
9.
Lead ~gcRey RaG Compli~ with CEQA.
In related proceedings held by the City Council and Agency
Board, at the Meeting at which this resolution was passed and
adopted, the Agency Board, acting as the city Council, reviewed
and approved the Final Environmental Impact Report ("FEIR") which
considered this approval as part of the Project and which was
prepared in contemplation that condemnation of all or a portion
of the.Property, referred to in the FEIR as a "acquisition and
disposition by voluntary sale or use of eminent domain, including
the possible use of redevelopment agency eminent domain powers"
(see FEIR, page 26) would be one of the discretionary actions.
Said City Council certified that the FEIR was prepared in
scrp-33.wp
November 6, 1991
Scripps 33433 Resolution
Page 3
accordance with CEQA all as more fully set forth in their
Resolution ("Council certification Resolution"), made certain
findings in the manner required by law, and adopted a statement
of Overriding Considerations and a Mitigation Monitoring and
Reporting Program as permitted by CEQA all as more fully set
forth in their Resolution ("Council CUP Resolution") incorporated
herein by reference.
10. Concurrence .;i th Lead l\~ency I s CenChli3ieRs.
The l\geney hai3 revic\Jed ane eORi3ieered the FEIR, tie. 98 87,
aRe eencurs in the determiRatioR ef the City tha~ the FEIR ~as
preparee in compliance \lith the California ERvironmeRtal Quality
Act ("CEQ."."), ane haD fully eoni3idercd the envirolllllental effeeti3
of the project ai3 i3hm;n therein. Furthermore, hae tho Agency
been dei3i~natcd ai3 the leae agency, it woule have maae eaoh aRd
every findin~ and cORelui3ion, made by the city CeuRoil \;ith
regare to the FEIn and the rrojcet, frem an eRvirenmental
peri3pective. E:peoifically, the AgeRe}' hereby finds as felle\IS I
A. Adoption of Findings.
The Council l\genoy has reviewed, considered, and wholly
agrees with the contents and does hereby approve, accept as its
own, incorporate as if set forth in full herein, and makes each
and everyone of the CEQA Findings attached to the council CUP
Resolution as Exhibit B. except as noted below in subsection (C).
B. certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in Exhibit B
attached to the Council CUP Resolution, the ~geRcy Council hereby
finds, pursuant to Public Resources Code section 21081 and CEQA
Guidelines section 15091, that the mitigation measures described
in the FEIR are feasible, and will become binding upon the
Agency.
C. Infeasibility of Alternatives.
As set forth in Exhibit B to the Council CUP Resolution
except for the "No G Street Access" alternative, the .'\.goRCY
Council hereby finds that none of the proposed project
alternatives set forth in the Final EIR can feasibly and
substantially lessen or avoid the potentially significant adverse
cumulative environmental effects that will not be substantially
lessened or avoided by the adoption of all feasible mitigation
measures. The Council specifically reiects the lanquaqe in
Exhibit B. relatinq to the "No G Street Access" alternative
(Exhibit B. section IX (C) (2). which states that the No G Street
Access Alternative is infeasible because the impacts are the same
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November 6, 1991
Scripps 33433 Reso~ution
Page 4
as the Proiect. The Council finds that the No G street Access
Alternative is in fact feasible. The Council finds that because
G street is a larqelv residential area (FErR. Paqe 131)0 local
residents mav still be bothered bv the sirens and emerqencv
vehicle traffic. Althouqh these impacts will still be less than
siqnificant from an environmental perspective. thev could be
eliminated altoqether bv prohibitinq access from G street. The
No G street Access Alternative does not result in anv different
traffic or noise impacts than the proiect. There are two other
entrances for emerqencv vehicle and staff (H street and Fifth
Avenue). Diversion of emerqencv vehicles and staff from the G
street Access does not chanqe the conclusion in the FErR that the
traffic impacts (after mitiqation) are less than siqnificant
(FErR. Paqe 131). The noise impacts will also be less than
siqnificant as there are less sensitive receptors on H street and
Fifth Avenue. and emerqency vehicles will turn off their vehicles
as thev approach the hospital (FErRo Paqe 88-89). As discussed
in the FErRo other impacts will remain the same as the proiect
(FErR. Paqe 130-132). Althouqh the FErR states that the "land
swap" with the iunior hiqh school "should not be necessary." this
does not mean that it mav not occur.
D. Adoption of Mitigation and Monitoring Program.
As required by Public Resources Code section 21081.6,
the A~cnoy Council hereby adopts the mitigation monitoring and
reporting program ("Program") set forth in Exhibit C to the
Council CUP Resolution, incorporated herein by reference. The
A~cnoy Council hereby finds the Program is designed to ensure
that, during project implementation, the Permittee/Project
applicant, and any other responsible parties, implement the
Project components and comply with the feasible mitigation
measures identified in the Exhibit B to the Council CUP
Resolution.
E. statement of Overriding Considerations.
Even after the adoption of all feasible mitigation
measures and alternatives, certain significant or potentially
significant adverse environmental effects caused by the Project
will remain. Therefore, the A~enoy Council hereby issues,
pursuant to CEQA Guidelines section 15093 and as set forth in
Exhibit D attached to the Council CUP Resolution, a statement of
overriding
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November 6, 1991
scripps 33433 Resolution
Page 5
considerations identifying the specific economic, social, and
other considerations that render that unavoidable significant
adverse environmental effect acceptable.
Passed, approved and adopted this
1991.
th day of
Tim Nader, Mayor,
city of Chula Vista,
California
Attest:
city Clerk of the city of
Chula vista, California.
(SEAL)
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Scripps 33433 Resolution
Page 6