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HomeMy WebLinkAboutItem 2 - Attachment 2 - Draft PC Reso DRC 13-26RESOLUTION NO. DRC -13 -26 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DRC -13 -26 TO CONSTRUCT A 4- STORY, 30,121 SQ. FT. RESIDENCE INN BY MARRIOTT HOTEL AND 148 GUEST ROOMS, WITH ASSOCIATED RECREATION AREA ON A 3.32 ACRE SITE LOCATED IN THE OTAY RANCH FREEWAY COMMERCIAL, NEIGHBORHOOD PA -12 WHEREAS, on Octoberl0, 2013, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Baldwin & Sons, LLC (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 4- story, 30,121 sq. ft. Residence Inn by Marriott hotel with 148 guest rooms, with associated recreation area on 3.32 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located in the Otay Ranch Freeway Commercial, Neighborhood PA -12 (Project Site); and WHEREAS, The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the project was adequately covered in previously adopted Final Environmental Impact Report (EIR- 02 -04), for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan, and therefore no further environmental review or documentation is required; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Design Review Permit application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely June 10, 2015, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following findings: 1. That the proposed project is consistent with the development regulations of the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan and Planned Community (PC) District Regulations. Neighborhood PA -12 is designated Otay Ranch Freeway Commercial in the PC District regulations of the Otay Ranch Village Freeway Commercial SPA plan. The proposed hotel use is permitted and meets all of the development regulations as stipulated in the Otay Ranch Attachment 2 Page 2 June 10, 2015 Village Freeway Commercial PC District Regulations as conditioned. The site was intended for a large commercial use serving a regional market. The hotel use, as proposed, will serve a regional market demand, in addition to the demand of visitors to the Chula Vista area. Currently, there are no hotels located in any of the City of Chula Vista's Planned Community areas located on the eastern side of the city. The addition of a new hotel will provide for the current demands. 2. The proposed project is consistent with the design and development standards of the Otay Ranch Freeway Commercial SPA Design Plan. The project is in compliance with the Freeway Commercial SPA Design Plan, guidelines and policies for the commercial site. The Applicant proposes to construct a 4 -story hotel with enhanced architectural details on all sides of the building and provides outdoor recreational areas for the guest. A total of 154 parking spaces are required. The project proposes 157 spaces. The total building height is 58 -ft., is subject to the approval of a Conditional Use Permit by the Planning Commission to exceed the maximum building height per the Residential Guidelines of 35 -ft. Said Conditional Use Permit is the subject of a companion resolution PCC -14 -023. The lot area, floor area ratio, and setback requirement are subject to Design Review (DR). BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, hereby approves the Design Review Permit subject to the following conditions: I. The following shall be accomplished to the satisfaction of the Development Services Director or designee, prior to issuance of building permits, unless otherwise specified: Development Planning Division 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building pennit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ -1754. 3. Prior to the approval of building permits, the colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the Planning Commission on June 10, 2015. 4. A graffiti resistant treatment shall be specified for all first floor wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved prior to the issuance of building permits. Additionally, the project shall conform to Section 9.20.055 of the Chula Vista Municipal Code (CVMC) regarding graffiti control. Page 3 June 10, 2015 5. All roof appurtenances, including air conditioners and other roof mounted equipment and /or projections, shall be shielded from view and the sound buffered from adjacent properties and streets. Such screening shall be architecturally integrated with the building design. 6. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and /or landscaping. 7. All exterior lighting shall include shielding to remove any glare from adjacent residents. Details for said lighting shall be included in the architectural plans and shall be reviewed and approved prior to the issuance of the building permit. Land Development Division /Landscape Architecture Division II. The following shall be accomplished to the satisfaction of the City Engineer or designee, prior to issuance of grading or building pen-nits, unless otherwise specified: 8. The Applicant shall comply with all applicable conditions of approval for Tentative Map No. 05 -02. 9. The Applicant shall be required to pay Engineering Fees based on the final approved building plans for the project. • Sewer Connection and Capacity Fee • Traffic Signal Fee • Public Facilities Development Impact Fees • Eastern Transportation Development Impact Fees • Other Engineering Fees as applicable per Master Fee Schedule 10. The Applicant shall be required to pay additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule with the submittal of the following items: a. Grading Plans b. Construction Permit c. Tentative Parcel Map and Final Parcel Map 11. Prior to the approval of the building permit, the Owner /Applicant shall submit duplicate copies of all commercial, industrial or multifamily Projects in digital format, such as (DXF) graphic file, on a CD or through e -mail based on California State Plane Coordinate System (NAD 83, Zone 6) in accordance with the City's Guidelines for Digital Submittal. DXF file shall include a utility plan showing any and all proposed sewer or storm drain on site. 12. All driveways shall conform to the City of Chula Vista's sight distance requirements in accordance with Section 12.12.130 of the CVMC. Also, landscaping, street furniture, or signs shall not obstruct the visibility of driver at the street intersections or driveways. Page 4 June 10, 2015 13. Proposed Fire Access Road shall meet H -20 Loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 14. For roadways within 10' of a 10' or higher down slope, the Applicant shall provide a guard rail analysis to determine if guard rail is necessary pursuant to section 7 of the Caltrans Traffic Manual and Roadside Design Guide. 15. Temporary improvements (such as fence, asphalt ramps, signs, etc.) located in street right of way, city easements or City owned Open Space Lots will require an encroachment permit. 16. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Municipal Code Title 15.04. The Applicant shall submit Grading Plans in conformance with the City's Subdivision Manual and the City's Development Storm Water Manual requirements, including, but not limited to the following: a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Drainage Study and Geotechnical /Soils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre - Development and Post - Development flows and show how downstream properties and storm drain facilities are impacted. Design shall incorporate detention of storm water runoff if Post - Development flows exceed Pre - Development flows; analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms. c. Drainage study shall also demonstrate that no property damage will occur during the 100 -year storm event. d. Drainage study shall show any offsite flows. e. All onsite drainage facilities shall be private. f. Any offsite work will require Letters of Permission from the property owner(s). 17. Owner must enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private BMP's located within the project prior to issuance of any Grading or Building Pennits, whichever occurs first. IS. Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit will be required prior to issuance of any Building Pen-nits. The Improvement Plan shall include but not be limited to: i. Removal and replacement of any broken or damaged curb, gutter, and sidewalk per SDRSD G -2, and G -7 along the project's frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. ii. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. iii. Removal and replacement of existing pedestrian ramp on the corner of Town Center Drive and Olympic Parkway per Chula Vista Construction Standard CVCS -25. Current Page 5 June 10, 2015 pedestrian ramp shall be replaced, if it does not meet the City of Chula Vista Design Standards /ADA Standards, or if existing pedestrian ramp is cracked or broken. iv. Installation of curb, gutter, and sidewalk per SDRSD G -3 along the project's frontage. Sidewalk shall be designed and constructed with proper transitions to existing conditions. v. Installation of one driveway meeting design standards as shown in Chula Vista standard detail CVCS -IA. Dedication of R/W as needed in order for driveway to comply with American Disability Act (ADA) requirements. vi. Installation of pedestrian ramp on the corner of proposed driveway and Town Center Drive per Chula Vista Construction Standard CVCS -25. vii. Installation of sewer laterals per SDRSD 5 -13. 19. The onsite sewer and storm drain system shall be private. All sewer laterals and stone drains shall be privately maintained from each building unit to the City- maintained public facilities. 20. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. 21. A Tentative Parcel Map and Parcel Map are required to subdivide two lots out of the one parcel. The Tentative Parcel Map shall be submitted to the Land Development Section of Development Services Department upon the approval of the Design Review pen-nit. 22. A "Covenant and Agreement to Hold Property as One Parcel" is required to address the following issues: a. Cross Drainage b. Access c. Parking 23. Any private facilities within Public right -of -way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Pen-nit approval. 24. All utilities serving the subject property and existing utilities located within or adjacent to the subject property shall be under grounded in accordance with the CVMC. Further, all new utilities serving the subject property shall be under grounded prior to the issuance of Building Permits. III. The following shall be accomplished to the satisfaction of the City Fire Marshall or designee, prior to issuance of grading or building permits, unless otherwise specified: Fire Department 25. For the proposed Type I11A construction type, the Project will require a fire flow of 4750 gallons per minute for a 4 -hour duration at 20 p.s.i. Page 6 June 10, 2015 26. Based upon the minimum required fire flow for Type IIIA construction type, a minimum of 5 fire hydrants are required to serve this Project. 27. Fire Hydrants shall be located in accordance with CA Fire Code Appendix C. Average spacing of 300 feet and maximum distance to any hydrant along a fire apparatus access road shall not exceed 180 feet. 28. A hydraulic water flow analysis /fire service study shall be performed. This analysis shall show the actual flow and pressure for all hydrants and riser stubs. The Hazen Williams formula shall be used in the detennination of these flows and pressures. The analysis shall show that the required fire flow is available at the hydrants and that simultaneously the sprinkler demand is available at the most demanding sprinkler riser. 29. Water supply data is required to accompany an underground submittal. An official water flow letter can be obtained from the respective water authority. The water flow requirements shall be based upon the currently adopted California Fire Code. The date of the water flow test shall be no older than six months from the time of the plan submittal. No reductions in fire flow will be granted for buildings protected throughout by an approved automatic fire sprinkler system. Public Works/ Environmental Services 30. Prior to building permit approval, the Applicant shall provide recycling and participate in recycling and landfill diversion programs, including but not limited to Construction and Demolition Debris Recycling, and ongoing Recycling and Trash services. The Applicant shall comply with the construction debris recycling requirements including a performance deposit and Waste Management Report, to the satisfaction of the Development Services Director or designee. IV. The following on -going conditions shall apply to the Project Site as long as it relies on this approval: The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. The Applicant shall install and maintain all landscaping and hardscape improvements in accordance with the approved landscape plan. 3. Approval of the Design Review Pen-nit shall not waive compliance with any sections of Title 19 of the CVMC, nor any other applicable laws and regulations in effect at the time of building pen-nit issuance. Page 7 June 10, 2015 4. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Design Review Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non - discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 5. This Design Review Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. V. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this Resolution begins on the effective date of this Resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. VI. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be signed and returned to the City's Development Services Department. Signature of Property Owner Signature of Applicant Date Date Page 8 June 10, 2015 VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VIIL INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every tenn, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of June 2015, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Pat Laughlin, Secretary Presented by: Kelly Broughton Director of Development Services Yolanda Calvo, Chair Approved as to form by: Glen R. Googins City Attorney J:\ Planning \Caroline \Discretionary Permits \OR Freeway Commercial Marriott Hotel \DRC -13 -26 PC Reso