Attachment 10
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DENYING THE APPEAL BY BRAD DAVIS
AND AFFI RMING THE PLANNING COMMISSION’S
APPROVAL OF CONDITIONAL USE PERMIT CUP19-0010
AND DESIGN REVIEW PERMIT DR19-0012 TO CONSTRUCT
A ONE-STORY, 97,050 SQUARE -FOOT BUILDING
CONSISTING OF A 120 -BED ACUTE PSYCHIATRIC
HOSPITAL ON A 10.5-ACRE SITE LOCATED AT 830 AND 831
SHOWROOM PLACE WITHIN THE URBANIZED
NORTHEAST PORTION OF THE CITY KNOWN AS
EASTLAKE BUSINESS CENTER II
WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit “A,” attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 10.5-acres located at 830 and 831 Showroom Place within the urbanized northeast portion of the City known as Eastlake Business Center II (the “Project Site”); and
WHEREAS, on May 20, 2019, Eastlake Behavioral Health, LLC (the “ Applicant”) submitted duly verified applications requesting approval of Conditional Use Permit Application CUP19-0010 and Design Review Application DR19-0012 which were filed with the City of Chula Vista Development Services Department; and
WHEREAS, said Applicant requests approval of Conditional Use Permit Application CUP19-0010 and Design Review Application DR19-0012 to construct a 97,050 square -foot building consisting of a 120 -bed acute psychiatric hospital with associated parking and landscaping (the “Project”) on the Project Site; and
WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailin g to property owners and residents within 500 feet of the exterior boundaries of the Project Site, at least ten (10) days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the Planning Commission of the City of Chula Vista on November 10, 2021 in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staffs’ presentation; and WHEREAS, the Planning Co mmission on said date reviewed the Project for compliance with the California Environmental Quality Act ( “CEQA”) and certified Final Environmental Impact Report (“FEIR”), FEIR20-0001; and
WHEREAS, on November 17, 2021, Brad Davis (the “ Appellant”) filed an appeal of the Planning Commission’s Decision to approve Conditional Use Permit Application CUP19-0010 and Design Review Application DR19-0012 (the “Appeal”); and
Resolution No.______
WHEREAS, the City Clerk set the time and place for the public hearing on the Appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least 10 days prior to the hearing; and
WHEREAS, the City Council held a duly noticed public hearing to consider said Appeal at the time and place as advertised, namely January 25, 2022 at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that under the provisions of Chula Vista Municipal Code (“CVMC”) Sections 19.14.588.B and 19.14.130, the Appeal that is the subject of this Resolution is hereby denied and the decision of the Planning Commission to certify FEIR20-0001 and approve the Project is hereby affirmed, with findings as follows:
I. ENVIRONMENTAL REVIEW
That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings, considered FEIR20-0001 for the Project and adopts the proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project and FEIR-20-0001 as well as the Minutes and Resolutions resulting therefrom which hereby incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6 and that FEIR-20-0001 and the Findings of Fact (Exhibit “1” to the Planning Commission Resolution, a copy which is on file with the Development Services Department), are prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista.
II. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE
That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedi ngs does hereby adopt all findings made by the Planning Commission contained in Conditional Use Permit Application CUP19-0010 and Design Review Application DR19-0012 for the Project, which are attached hereto and incorporated herein by this reference, as if said findings were their own.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the Appeal that is the subject of this Resolution is hereby DENIED and that the determination of the Planning Commission is hereby AFFIRMED, in accordance with the applicable development standards, regulation and guidelines of the Chula Vista Municipal Code and the Conditions of Approval specified in Planning Commission Resolutions CUP19-0010 and DR19-0012 dated November 10, 20 21, attached hereto and incorporated herein by this reference, as may be modified hereby.
Resolution No.______
Presented by: Approved as to form by:
_______________________________ ____________________________ Tiffany Allen Glen R. Googins
Director of Development Services City Attorney