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HomeMy WebLinkAboutItem 2 - Attachment 3 - Draft PC Reso PCC 14-023RESOLUTION NO. PCC -14 -023 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT, TO DEVIATE FROM THE MAXIMUM BUILDING HEIGHT OF 35 -FT. TO ALLOW A 58 -FT. BUILDING FOR THE RESIDENCE INN BY MARRIOTT HOTEL ON A 3.32 ACRE SITE LOCATED IN THE OTAY RANCH FREEWAY COMMERCIAL, NEIGHBORHOOD PA -12, PLANNED COMMUNITY DISTRICT (FC2) FREEWAY COMMERCIAL DISTRICT 2 ZONE WHEREAS, on April 7, 2014, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by Baldwin & Sons, LLC (Applicant); and WHEREAS, the application requests to deviate from the maximum building height of 35- ft. to allow a 58 -ft. building for a 4 -story Residence Inn by Marriott hotel on a 3.32 acre site located in the Otay Ranch Freeway Commercial, Neighborhood PA -12; 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 determined 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 Conditional Use Pen-nit 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: Attachment 3 Page 2 June 10, 2015 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. 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 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. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed hotel use will not result in any negative impacts to health, safety or general welfare. The use will be subject to meeting all health, safety and general welfare standards and regulations set forth by the City of Chula Vista. The hotel use is consistent with the types of commercial uses that are allowed within the Otay Ranch Freeway Commercial District 2 zone. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use is located in the Otay Ranch Freeway Commercial District 2 zone, which allows for the deviation of the building height per Planning Commission approval. In accordance with the Otay Ranch Freeway Commercial District 2 zone, PC District Regulations, an increase in the building height can be approved via a Conditional Use Permit and Design Review Pen-nit. The additional building height will allow the Applicant to construct a 4- story, 148 room hotel and necessary amenities associated with a hotel. The additional height, bulk, mass and proportion of a 4 -story building is compatible with the site, as well as in scale with the existing and future structures on adjoining and surrounding properties in the area. The proposed building is located a significant distance away from the adjacent buildings. In addition, the project will comply with all other required development and operating regulations, including parking requirements contained in the SPA regulations. Page 3 June 10, 2015 4. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City, or the adopted plan of any government agency. The project site is designated and zoned for commercial uses in the 2005 General Plan. The operation of a hotel use at this location is consistent with the stated policies of the General Plan. The Project is also consistent with allowable uses of the SPA plan that implements the General Plan in this area. This Conditional Use Permit is in compliance with the General Plan policy of providing adequate commercial uses within all areas of the city as well as the approved Freeway Commercial SPA plan. Therefore, the use, as proposed, has been found to be consistent with the General Plan and the Otay Ranch Freeway Commercial District 2 zone. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, hereby approves the Conditional Use Pennit subject to the following conditions: L The following shall be accomplished to the satisfaction of the Development Services Director or designee, prior to issuance of building permits, unless otherwise specified: 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 -1695. II. The following on -going conditions shall apply to the Project Site as long as it relies on this approval: 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. Approval of the Conditional Use Pen-nit shall not waive compliance with any sections of Title 19 of the Municipal Code, nor any other applicable laws and regulations in effect at the time of building permit issuance. 3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold hannless 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 Conditional Use Permit and (b) City's approval or issuance of any Page 4 June 10, 2015 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 Conditional Use 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. 4. This Conditional Use Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. III. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this Resolution begins on the effective date of this 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. IV. 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 recorded with the County Recorder of the County of San Diego. Failure to sign the document shall indicate the Property Owner /Applicant's desire that the project, and the corresponding application for building permits and /or a business license, be held in abeyance without approval. Signature of Property Owner Signature of Applicant Date Date Page 5 June 10, 2015 V. 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 teens, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be 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 Pennits \OR Freeway Commercial Marriott Hotel \PCC -14 -23 PC Reso