HomeMy WebLinkAboutDR15-0022RESOLUTION NO. DR15 -0022
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING A DESIGN REVIEW PERMIT, DR15 -0022 TO CONSTRUCT A
FOUR STORY, 135 -ROOM HOTEL WITH 141 PARKING SPACES ON 2.5
ACRES WITHIN THE MILLENIA MASTER PLANNED COMMUNITY.
APPLICANT: AYRES HOTEL GROUP (BRUCE D'ELISCU)
WHEREAS, a duly verified application for a Design Review Permit was filed with the
City of Chula Vista Development Services Department by Ayres Alberghi LLC. (Applicant); and
WHEREAS, the Application requests approval of a Design Review Permit for a four
story, 135 -room hotel with lobby area, business center, dining area, gym, approximately 2,090
square feet of meeting and flex space in various configurations and 141 parking spaces within
the Gateway Mixed Use Commercial District (Project); and
WHEREAS, the area of land which is the subject of this Resolution is an existing
parcel located in the Millenia/Eastern Urban Center (EUC) Sectional Planning Area (SPA) in the
Gateway Mixed Use Commercial District (District 1, Lot 20); and
WHEREAS, the Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
Project was adequately covered in previously adopted Final Second Tier Environmental Impact
Report, EIR- 07 -01, therefore no further environmental review 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 April 13,
2016 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 Eastern
Urban Center Sectional Planning Area (El UC SPA) Plan and Planned Community (PC)
District Regulations.
The proposed hotel use is permitted and meets all of the development regulations as
stipulated in the EUC PC District Regulations as conditioned as further detailed in the
Planning Commission report for this project.
PC Resolution DR15 -0022
April 13, 2016
Page 2
2. The proposed Project is consistent with the design and development standards of the
EUC SPA Design Plan.
The Project is in compliance with the Gateway Mixed Use Commercial District Design
Guidelines of the EUC SPA Form Based Code as detailed in the Planning Commission report
for this project.
BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings
above, does hereby approve the Design Review Permit subject to the following conditions:
r. The following shall be accomplished to the satisfaction of the Director of
Development Services 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 permit, the Applicant
shall pay all applicable fees, including any unpaid balances of permit processing fees for
deposit account DQ -3053.
3. The colors and materials specified on the building plans shall be consistent with the
colors and materials shown on the site plan and materials board approved by the Planning
Commission on April 13, 2016.
4. A graffiti resistant treatment shall be specified for all wall and ground floor building
surfaces. This shall be noted on any building and wall plans and shall be reviewed and
approved prior to the issuance of building permits. Additionally, the Project shall
conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code (CVMC)
regarding graffiti control or as approved by the Director of Development Services.
5. 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.
6. 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 any building permit.
7. All applicable requirements and mitigation measures of the adopted Final Second Tier
Environmental Impact Report, EIR -07 -01 shall be met.
PC Resolution DR15 -0022
April 13, 2016
Page 3
$. In order to comply more fully with ,Section 19.62.010 (C) of the Eastern Urban Center
Form Based Code regarding screening of parking areas, the landscape plans shall be
revised to increase the size of the two on -site trees located closest to Millenia Avenue
from 24 inch box trees to 36 inch box.
Land Development Division, Engineering Section
9, The Applicant shall comply with all requirements and guidelines of the City of Chula
Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Design
and Construction Standards; the Development Storm Water Manual for Development &
Redevelopment Projects; the City of Chula Vista Grading Ordinance No. 1797; the State
of California Subdivision Map Act.
10. Applicant is required to enter into a Maintenance Agreement with the Ciiy where the
Applicant agrees to permanently maintain the private Best Management Practices
(BMPs) serving the project.
11. Before the issuance of the building permit, the Applicant shall pay the following
Engineering Fees (fees are adjusted on October 1st of every year):
a. Sewer Capacity Fee
b. Traffic Signal Fee
c. Sewer Basin DIF
d. Other Engineering Fees and deposits in accordance with the City Subdivision
Manual, and Master Fee Schedule will be required for the submittal of Grading
Plans, improvement Plans, and/or Private Site Development Plans.
12. On -site drainage and sewer systems shall be private.
13. Before the issuance of a building permit, pad certification needs to be obtained.
14. Prior to the issuance of a building permit for the project, the Applicant shall provide to
the City verification of service from Otay Water District.
15. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary.
16. The Applicant shall obtain a Construction Permit to perform the following work in the
City's right-of-way, prior to Engineering's release of any building permit. Please be
aware that any merchant builder is responsible for street improvements along the subject
property, starting from behind the curb, including but not limited to:
a. Sidewalks
b. Pedestrian ramps
c. Driveways
PC Resolution DR 15-0022
April 13, 2016
Page 4
17. Before the issuance of a certificate of occupancy for the Project, the driveway connecting
to Stylus Street/Millenia Avenue shall be operational, to the satisfaction of the City
Engineer, to allow the Fire Department and customers to enter and exit the hotel.
18. Before the issuance of a certificate of occupancy, the sidewalk along the frontage of the
subject property (at Millenia Avenue) shall be constructed.
19. Before the issuance of a grading or construction permit for the Project, the Applicant
shall provide to the Land Development Division, a Letter for Permission to Grade, if
proposed improvements encroach into an adjacent private property.
20. Additional requirements may be set at the time development takes place and /or a
Building Permit is applied for, depending upon final plans submitted for Building
Permits.
Landscape Architecture
21. Prior to issuance of a building permit the Applicant shall obtain approval to a "Landscape
Documentation Package" that complies with the Chula Vista Landscape Water
Conservation Ordinance, 2015 update, Municipal Code Chapter 20.12.
22. Prior to approval of Improvement Plans and L &I plans the Applicant shall make
provision for tree planting, in addition to that shown on the Design Review L &I plans, in
the vicinity of the pool and outdoor recreation areas.
23, Prior to approval of Improvement Plans and L &I plans the Applicant shall include
enhanced paving at the vehicular entrance to the hotel parking lot to match enhanced
paving used elsewhere in the parking lot.
24. Prior to approval of Improvement Plans and L &I plans the Applicant shall ensure that all
paving materials are coordinated between civil, architectural and Iandscape plans
including details of products, colors, finishes and suppliers as appropriate for
construction.
25. The construction drawings shall be approved by both the Otay Water District and the
Department of Environinental Health,
26. Irrigation details are preliminary and will be reviewed in detail with the construction
drawings.
Fire Department
The following Fire Department Conditions of Approval are general requirements that the
Applicant shall address at the time of building permit submittal to the satisfaction of the Fire
Marshall or designee.
PC Resolution DR15 -0022
April 13, 2016
Page 5
27. The Applicant shall apply for required building permits. Permits shall comply with
applicable codes and requirements, including but not limited to: the current California
edition of Building Code (CBC), Fire Code (CFC), Mechanical Code, as adopted and
amended by the State of California and the City of Chula Vista,
28. The Project is within the EUC Fire station trigger analysis location A of the approved
SPA document which states that construction of any structure over three stories without
building measures to maintain the continuity of the existing system such as smoke proof
stair enclosures, stairwell pressurization and smoke control systems, or other approved
alternatives triggers the construction of the Fire Station in Millenia. Therefore,
Construction of any structure over three stories shall meet fire mitigating elements,
and /or alternate methods acceptable to the Fire Marshall or designee.
29. The Project shall provide a fire flow consistent with the requirements of the California
Fire Code and acceptable to the Fire Department.
30, The Project shall provide fire hydrants consistent with the requirements of the California
Fire Code and acceptable to the Fire Department.
31. Fire Hydrants shall be located and spaced in accordance with California Fire Code,
Appendix C.
32. 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.
33. The Project shall be protected throughout by an approved automatic fire sprinkler system
in accordance with CA Fire Code section 903.
Building Division
The Applicant shall address the following Building Division Conditions of Approval at the time
of building permit submittal to the satisfaction of the Building Official or designee.
34. The Project shall comply with 2013 California Building Code (CBC), California Mechanical
Code (CMC), California Plumbing Code (CPC), California Electrical Code (CEC), California
Fire Code (CFC), the 2008 California Energy Code, and the 2013 California Green Building
Standards, as adopted and amended by the State of California and the City of Chula Vista.
35. The Project must be designed by an Architect or Engineer licensed by the State of California.
[California Business and Professional Code 5536.1, 67351.
PC Resolution DR15 -0022
April 13, 2016
Page 6
36. Site development, site lighting, perimeter masonry walls, retaining walls, trash
enclosures, monument and other signage and grading may be under separate permit.
37. The Applicant shall provide a Building Code Data Legend on the title (first) sheet of the
plans. Include the following code information for each building or space proposed;
• Occupancy Group classification, CBC Ch. 3.
Type of Construction, CBC Ch. 6
• Type of Fire Sprinklered. (Full 13, 13R, 13D, not sprink) CBC Ch 9.
Proposed and allowable Floor area, CBC Table 503
• Proposed and allowable Number of Stories,
• Proposed and allowable Building Height CBC 502.1
• Provide calculation for Area and height increases
• Mixed use Area Calculation for multiple occupancies
38. On the site plans, the Applicant shall identify the dimension distances from
.building(s) to all property lines, street centerlines, and adjacent existing or proposed
structures on the site. Exterior walls shall have a fire- resistance rating per CBC T -601
& T -602. Exterior wall openings are limited and shall have fire protection rating per
CBC Ch. 7 On the site plans, the Applicant shall identify the dimension distances
from all proposed buildings to all property lines.
39. The Applicant shall verify the quantity of toilets and meet any required amount to the
satisfaction of the Building Official or designee. (The number of toilets appears to be
low based on chapter 4 of the CPC.)
40. The Applicant shall provide structural calculation and a soils report and Energy
Calculations.
4l . The Applicant shall show unit compliance with chapter 11B (Hotel / Motel),
including identifying that public and common areas satisfy disabled access
requirements.
11. 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. The Applicant shall install all landscaping and hardscape improvements in
accordance with the approved landscape plan.
3. Approval of the Design Review Permit 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.
PC Resolution DR15 -0022
April 13, 2016
Page 7
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 tourt 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.
4
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 19.14.260 of
the Municipal Code.
III, GOVERNMENT CODE SECTION 66020(d)(I) 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 the same.
Upon execution, this document shall be signed and returned to the City's Development
Services Department.
Signature of Property Owner Date
LX
Signature of Applicant Date
PC Resolution DR15 -0022
April 13, 2016
Page 8
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 terins, 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 13th day of April, by the following vote, to -wit:
AYES:
NOES:
CALVO, ANAYA, FUENTES, LIUAG, NAVA
NONE
f
Yoland alvo, Chair
ABSENT: FRAGOMENO, GUTIERREZ
ABSTAIN: NONE
ATTEST:
( f
! )JX\_•
Pat Laughlin, Secretary
Presented by;
Kel' oughton
Director of Development Services
Approved as to form by:
G
City Attorney
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