Planning Commission Appeal:
Eastlake Behavioral Health
Hospital
January 25, 2022
EIR20-0001, CUP19-0010 and DR19-0012
1 Chula Vista City Council
CHRONOLOGY OF PROJECT
• May 20, 2019 – Application for Project Filed with City of Chula Vista’s DSD Department
• September 26, 2019 – Community Meeting Held
• November 10, 2021 – Planning Commission Hearing on Project - approved • November 17, 2021 – Appeal Filed by Mr. Brad Davis
• December 7, 2021 and January 11, 2022 – Two Continuances of Appeal Hearing
• January 25, 2022 – Appeal to be Heard by City Council 2APPEAL OF PLANNING COMMISSION
CAUSES OF ACTION FOR
APPEAL
1. Applicant made representations regarding economic impact that were factually in error.
2. The Applicant had ex-parte communication with the Planning Commission that was not disclosed or made public.
3. The Applicant failed to provide updated or complete disclosures.
4. The FEIR does not provide sufficient support, as required by California Public Resources Code (CEQA) Sections 21100(b)(4) and 21002.1(a), by failing to describe the alternatives that were thoroughly assessed.
5. The Applicant prepared the FEIR but failed to address and answer community questions and concerns.
3APPEAL OF PLANNING COMMISSION
PROJECT LOCATION & SURROUNDING USES
Project
Site
Eastlake Venture
Commerce Center
Business Park
Amazon
Delivery Van
Training Lot
The District
at Eastlake
Commercial
Center
Future Hotel
4 Residential
Residential
Slopes
VIEW LOOKING NORTH
The District at
Eastlake
Commercial
Center
Amazon
Delivery Van
Training Lot
Project
Site
Eastlake Venture
Commerce Center
Business Park
60-Foot Slope
5 SHOWROOM PLACE
Residential
6 STREET LEVEL – LOOKING NORTH
7STREET LEVEL – THE DISTRICT & AMAZON
8LOT LEVEL – FROM THE PARCEL
9LOT LEVEL – NORTHERN EDGE
VIEW LOOKING SOUTHEAST
The District at
Eastlake
Amazon
Delivery Van
Training Lot
Project
Site
Eastlake Venture
Commerce Center
Business Park
50-Foot Slope
20-Foot Slope
10 Residential
11 NORTHERN SLOPE
12RIVER ROCK ROAD
13 WESTERN SLOPE
VIEW LOOKING SOUTHWEST
Project
Site
Eastlake Venture
Commerce Center
Business ParkAmazon
Delivery Van
Training Lot
The District at
Eastlake
60-Foot Slope
20-Foot Slope
14 15
EASTERN SLOPE
16YOSEMITE DRIVE
EASTLAKE II PC DISTRICT REGULATIONS 17
Assessor’s Parcel Numbers: 595-710-1100 & 595-710-1200
General Plan Designation: Limited Industrial
Current Zoning: Business Center 4 (BC-4)
Lot Area: 10.5 acres
Proposed Development: 97,050 square feet
Open Space Required: 68,607 square feet
(15% of site)
Open Space Provided: 164,206 square feet
(36% of site)
Parking Required: 180
spaces
Parking Provided: 186
spaces
CONDITIONAL USE PERMIT
18 Eastlake Venture
Commerce Center
Business Park
Amazon
Delivery Van
Training Lot
The District at
Eastlake
Commercial
Center
Residential
Residential
SITE PLAN & AMENITIES
19 WALLS AND FENCING
20 12-foot
Exterior Walls
8-foot CMU
Perimeter
Walls
8-foot
Interior Walls
ARCHITECTURE
21 SOUTH ELEVATION
22 VIEW FROM SOUTHWEST 23
VIEW FROM NORTHEAST 24
VIEW FROM NORTHWEST 25
ELEVATIONS
SOUTH ELEVATION
NORTH ELEVATION
EAST ELEVATION
WEST ELEVATION
26 CROSS SECTION LOCATIONS
27 Eastlake Venture
Commerce Center
Business Park
Amazon
Delivery Van
Training Lot
The District at
Eastlake
Commercial
Center
Harold Place
NORTHERN PROPERTY LINE
CROSS-SECTION 28
NORTHEASTERN PROPERTY LINE
CROSS-SECTION 29
EASTERN PROPERTY LINE
CROSS-SECTION 30
WESTERN PROPERTY LINE
CROSS-SECTION 31
OPERATIONAL PROFILE
Hours of Operation: 24-hour with three employee shifts (7am-3pm; 3-11pm; and 11pm-7am)
Employees: 150 including CEO, CMO, and CNO
Ratio of Patients to Clinical Staff: 1:6
Number of Patients: 120 inpatients; 20-50 outpatients per day Types of Patients: adolescent, adult, geriatric, and Veteran populations Average Length of Stay: 7-10 days
Visiting Hours: 6pm- 7pm
Discharge: All patients being discharged must have a detailed safe discharge plan guiding their ongoing care, continuity of care, and housing 32 OPERATIONAL PROFILE
Transportation Upon Discharge: Shuttle service to nearest bus stop for those who do not have pre-arranged, private transportation
Involuntary Holds: Pursuant to California Welfare and Institutions Code 5150 and 5250, ELBH may involuntarily commit patients from 72 hours up to 14 days Security Plan:
• Fencing and landscape barriers
• 24-hour security patrols
• Controlled access in and out of facility
• Single entrance/exit
• Closed-circuit security camera monitoring of exterior and common areas
• 15-minute patient safety checks
Oversight/Accountability: Planning Commission condition of approval • Licensed by the State of California
• Accredited by The Joint Commission
• Must maintain and remain in good standing with Medicare/Medi-Cal and Tricare and all other governing/licensing bodies
33 Project
Site
ACCESS AND PUBLIC TRANSPORTATION
Eastlake
Venture
Amazon
The District
Future
Hotel
34 BOSWELL RD.
ENVIRONMENTAL REVIEW
Environmental Impact Report
Less Than Significant Impacts:
• Aesthetics
• Air Quality
• Energy
• Geology
• Greenhouse Gas
• Hazardous Materials
• Hydrology
• Land Use
• Noise
• Public Services
• Public Utilities
• Transportation
• Wildfire
No Significant Impacts:
• Agriculture
• Biology
• Cultural Resources
• Housing
• Mineral Resources
• Population
35 ENVIRONMENTAL REVIEW
Environmental Impact Report
• No Mitigation Measures Required
• Mitigation Monitoring and Reporting
Program (MMRP) Not Required
• CEQA Findings of Fact Prepared
• 431 Comments Received
• Attachment 6.e.
• Response To Comments (RTCs)
• Attachment 6 – EIR, Response to Comments,
CEQA Findings of Fact, Appendices
36 COMMUNITY ENGAGEMENT
Eastlake Behavioral Health Hospital Project Community
Meeting
• September 26, 2019 at Montevalle Community Center
Major Issues of Concern – 130 Comments Collected
• Neighborhood Safety
• Patients Discharged Without Transportation Provided
• Patients From Outside of the Area
• Lack of Security
• Lack of Solid Perimeter Wall Around Property
• Close Proximity to Residential Homes
Response to Comments Matrix Prepared
• Included as Attachment 5
Operational Profile Prepared by Applicant
• Reviewed by Chula Vista Police Department (CVPD) – No concerns • Included as Attachment 3
37 COMMUNITY ENGAGEMENT
Applicant’s Webpage and newsletter
• 193 signed up for newsletter
Additional Comments Received
• 261 comments: 7 in favor, 254 opposed
• Attachment 6
Opposition Webpage and Petition
• 5,187 signatures
38 LIMITS ON DISCRETION
Title II of the Americans with Disabilities Act
of 1990 (ADA)
• Protects individuals with disabilities from the denial of the opportunity to participate in or benefit from any aid, benefit, or service
Fair Housing Amendments Act of 1988
• Protects the rights of both providers and clients of residential treatment programs o
• f discriminating against individuals with disabilities City of Ocean Springs v. Psychamore, LLC (2013)
• Prohibits cities from utilizing criteria or methods of administration that have the effect of discrimination
39 Causes of Action for Appeal
1. Applicant made representations regarding economic impact that were factually in error.
2. The Applicant had ex-parte communication with the Planning Commission that was not disclosed or made public.
3. The Applicant failed to provide updated or complete disclosures.
4. The FEIR does not provide sufficient support, as required by California Public Resources Code Sections 21100(b)(4) and 21002.1(a), by failing to describe the alternatives that were thoroughly assessed.
5. The Applicant prepared the FEIR but failed to address and answer community questions and concerns.
40APPEAL OF PLANNING COMMISSION
Causes of Action for Appeal
1. Applicant made representations regarding economic impact that were factually in error.
- Staff analyzed the Project’s conformity to the General Plan; economic impact is not a topic analyzed by an EIR
2. The Applicant had ex-parte communication with the Planning Commission that was not disclosed or made public.
- No evidence provided; all Commissioners disclosed communications on November 10, 2021
3. The Applicant failed to provide updated or complete disclosures. - Applicant updated Disclosure (Attachment 5)
4. The FEIR does not provide sufficient support, as required by California Public Resources Code Sections 21100(b)(4) and 21002.1(a), by failing to describe the alternatives that were thoroughly assessed. - Staff analyzed CEQA’s requirements and found the EIR meets requirements
5. The Applicant prepared the FEIR but failed to address and answer community questions and concerns.
- 431 Community Comments were responded to on pages RTC-1 through RTC-146 of the EIR (Attachment 6.c.)
41APPEAL OF PLANNING COMMISSION
RECOMMENDATION
Adopt a Resolution denying the appeal and
affirming 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.
42 BACKUP SLIDES 43
ADDITIONAL CONCERNS RAISED BY
APPELLANT
1. EIR prepared by the Applicant and their consultant team
2. No economic impact analysis conducted
3. Public safety analysis is insufficient
4. No alternative findings presented to Planning Commission
5. No CUP enforcement mechanism
44ADDITIONAL CONCERNS RAISED
Schools Within Proximity to Site
45 Thurgood Marshall Elementary
1.26 Miles
Project
Site
Eastlake High School
1.21 Miles
Arroyo Vista Charter School
1.28 Miles
Salt Creek Elementary
.72 Mile
Eastlake Middle
1.13 Miles
PROJECT LOCATION & SURROUNDING USES
Project
Site
Eastlake Venture
Commerce Center
Business Park
Amazon
Delivery Van
Training Lot
The District
at Eastlake
Commercial
Center
Future Hotel
46 VIEW LOOKING NORTH
The District at
Eastlake
Commercial
Center
Amazon
Delivery Van
Training Lot
Project
Site
Eastlake Venture
Commerce Center
Business Park
47 SHOWROOM PLACE
VIEW LOOKING SOUTHEAST
The District at
Eastlake
Commercial
Center
Amazon
Delivery Van
Training Lot
Project
Site
Eastlake Venture
Commerce Center
Business Park
48 VIEW LOOKING SOUTHWEST
Project
Site
Eastlake Venture
Commerce Center
Business ParkAmazon
Delivery Van
Training Lot
The District at
Eastlake
49 CONDITION OF APPROVAL
Condition of Approval: Operational Profile 11/09/21
“13. The Applicant shall comply with all Conditions of Approval and shall operate the Project in conformance with all standards, terms and conditions set forth in that certain EASTLAKE BEHAVORIAL HEALTH HOSPITAL Operational Profile, dated November 9, 2021, attached hereto and incorporated herein by this reference (the “Operational Profile”). The Applicant shall meet and confer from time to time with City staff at the request of the Director of Development Services (or their designee) in order to review ongoing operations of the Project, confirm operational consistency with the Operational Profile and to discuss any occurring or proposed changes by the Applicant to Project operations. Any such changes to Project operations shall be subject to the reasonable approval of the Director of Development Services.
Material changes to Project operations with security or land use implications, in the discretion of the Director of Development Services, may require the Applicant to request an amendment to this Conditional Use Permit subject to the approval of the Planning Commission. Nothing in this Condition of Approval shall absolve the Applicant’s obligations to comply with any and all other Conditions of Approval set forth in this Conditional Use Permit” 50