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HomeMy WebLinkAboutItem 4 - Attch 2 - Draft Resolution DR15-0035RESOLUTION NO. DR15-0035 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT, DR15-0035 TO CONSTRUCT A 4 -STORY, 131,220 SQUARE FOOT HAMPTON INN AND HOMEWOOD SUITES HOTEL WITH 205 GUEST ROOMS, INCLUDING A MEETING ROOM, A POOL AND AN OUTDOOR RECREATION AREA LOCATED ON A 3.88 ACRE SITE WITHIN THE EASTLAKE H SPA BUSINESS CENTER (BC -4) AT 2424 FENTON STREET WHEREAS, on December 18, 2015, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Robert F. Tuttle Architects (Applicant); and WHEREAS, the application requests -approval of a- Design- Review Permit to allow construction of a 4 -story, 131,220 -square foot Hampton Inn and Homewood Suites Hotel with 205 guest rooms, including a meeting room, a pool and an outdoor recreation area on 3.$8 -acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing 3.88 -acre parcel located within the Eastlake Business Center (BC -4) at 2424 Fenton Street (Project Site); and WHEREAS, The Director of Development Services has reviewed the proposed Project for compliance with the California Envirorunental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted Final Environmental Impact Report ETR 92-01 for the Eastlake Il Sectional Planning Area (SPA) Plan; 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 September 28, 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 Eastlake H SPA PIan and Planned Community (PC) District Regulations. Attachment 2 PC Resolution DR15-0035 September 28, 2016 Page 2 The property is designated Business Center (BC -4) in the PC District regulations of the Eastlake II SPA plan. The proposed hotel use is a permitted conditional use and meets all of the development regulations as stipulated in the Eastlake II PC District Regulations as conditioned. The site is 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. 2. The proposed Project is consistent with the design and development standards of the Eastlake II SPA Business Center Design Guidelines. The Project is in compliance with the Eastlake 11 SPA PC District Regulations and Business Center (BC -4) Design Guidelines. The Applicant proposes to construct a 4 -story 205 -room hotel with enhanced architectural details on all sides of the building as well as providing outdoor recreational areas for hotel guests. A total of 1 parking space-per-.1•oon--plus 1 parking space for every 25 rooms, or 8 additional parking --spaces, is required; -the Project provides the required 213 parking spaces. The maximum building height allowed for in the BC -4 Business Center District Guidelines is 35 -feet; the total building height proposed is 56 - feet. Per the BC -4 Business Center District Guidelines, the building height may be increased by providing increased setbacks. Therefore, the required 25 -foot front, 15 -foot side, and 10 - foot rear setbacks have all been increased at a 1:1 ratio to allow for the additional 21 -feet above the 35 -foot maximum height requirement, which is adjacent to the Otay Lakes Road scenic corridor and residential development. The 70 -percent lot coverage complies with the maximum allowed 70 -percent lot coverage for the BC -4 zoning district and the 0.78 Floor - Area -Ratio (FAR) is established by the approval of the Planning Commission's Design Review. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, hereby approves the Design Review Permit subject to the following conditions: Y. The following shall be accomplished to the satisfaction of the Dec,elopinent Services Director or designee, prior to issuance of building permits, unless otherwise specified: Development Seririces / 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 -3096. PC Resolution DR15-0035 September 28, 2016 Page 3 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 September 28, 2016, 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. 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. esign.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 reprove 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. II. The following shall be accomplished to the satisfaction of the City Engineer, City Director of Landscape Architecture or designees, prior to issuance of grading or building perinits, unless otherwise specified: Land Development Division/Landscape Architecture Division 1. Provide a detail in the Landscape Architectural Concept Plans of the entry monument identifying the proposed materials/colors. 2. Provide a Landscape Concept statement of compliance with the City of Chula Vista's Landscape Water Conservation Ordinance (CVMC 20.12); something to the effect of, "This landscape design and the final landscape plans will reflect conformance with the City of Chula Vista's Landscape Water Conservation Ordinance (CVMC 20.12), promoting water conservation through the use of moderate and law-,vater requiring plant species, grouping of plant materials with similar water requirements and implementing a low volume and efficient automatic irrigation system." 3. The Landscape Concept Plan identifies "Washingtonia filifera (California Fan PaIm)" within the legend but this symbol could not be found on the plans. Clarify if this specie is intended to be used, or delete otherwise. PC Resolution DR15-0035 September 28, 2016 Page 4 4. Upon approval of Design Review, the Landscape and Irrigation plans will be required to be submitted in accordance with the City's Landscape Water Conservation Ordinance (CVMC 20.12). 5. 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 the Master Fee Schedule 6. 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 7. Prior to the approval of the first building permit, the Applicant shall submit duplicate copies of the Project 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 files shall include a utility plan showing any and all proposed sewer or storm drain on site. 8, 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 motorists at the street intersections or driveways. 9. Temporary improvements (such as fences, asphalt ramps, signs, etc.) located in the street right of way, city easements or City owned Open Space Lots will require an encroachment permit. 10. Streets or driveways within the complex shall be designated as private. 11. The Applicant shall demonstrate compliance with the current California Plumbing Code, minimum sewer grade (2%) from the farthest unit on the site to the sewer main in Fenton Street. 12. The Applicant shall depict and detail existing and proposed drainage to ensure adjacent properties are not impacted. 13. 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 CVMC 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: PC Resolution DR15-0035 September 28, 2016 Page 5 a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Drainage Study and Gcotechnical/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 floras 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 storin event. d. Drainage study shall shore any offsite flows. e. All onsite drainage facilities shall be private. f. Any offsite work will require Letters of Permission from the property o-%vner(s). 14. The Applicant shall provide 2 copies of the following technical reports with the submittal of grading plans: a. Drainage study b. Water Quality Technical Report (WQTR) c. Geotechnical Report 15. The Applicant shall provide the following regarding the use of retaining walls: a. All retaining walls shall be noted on the grading plans and include a detailed wall profile. b. Structural -mall calculations are required if walls are not built per San Diego Regional Standard Drawings, or City of Chula Vista Construction Standards CVCS-30 thru 40, and if fences are to be placed on top of retaining walls. c. Retaining walls that will be part of a building wall must be approved as part of the building permit for the project. d. Retaining walls around trash bin (if any) shall be noted on the grading plans and called out per standard. e. Detail how retaining wall drains tie into the drainage system.. 16. The Applicant shall provide documentation to the satisfaction of the City Engineer that the Project complies with all requirements of the Chula Vista Development Storm Water Manual for both construction and post -construction phases of the Project. 17. The Applicant shall submit a Water Quality Technical Report (WQTR) and Drainage study along with a revised Site Plan showing that Project can meet the City's Low Impact Development (LID), Source Control, and Treatment Control BMP Requirements. The WQTR shall include design features, such as bio -retention facilities, to replace vegetated swales per LID requirements under current City Standard Urban Stonn water Mitigation Plan (SUSMP) standards, the City's Development Storm Water Manual, and as imposed by the current NPDES Municipal Permit adopted by the Regional Water Quality Control Board. LID principles must be incorporated into the project's design. For additional information, refer to the Chula Vista Development Storm Water Manual website. PC Resolution DR] 5-0035 September 28, 2016 Page 6 18. Pennanent storm water requirements, including site design, source control, and treatment control Best Management Practices (BMP's), all as shown in the approved WQTR, shall be incorporated into the project design, and shall be shown on the plans. The Applicant shall provide sizing calculations and specifications for each BMP. Any structural and non-structural BMP requirements that cannot be shown graphically must be either noted or stapled on the plans. 19. The Applicant shall complete the applicable forms (Forms 5500, 5501, 5502, 5503 and 5504). 20. Site design shall include features to meet NPDES Standards. These features shall maximize infiltration and minimize impervious land coverage while conveying storm water runoff. Please see Storm Water Management continent section for more information regarding Storm Water Quality and site design. 21. The trash enclosure area(s) shall be covered with a roof or awning to avoid contamination of runoff. The site shall be graded in such a way as to prevent run-on into, and run-off from, the trash enclosure area. The location of the trash enclosure areas) shall be shown on the plans. 22. All on-site storm drain inlets and catch basins shall be provided with permanent stenciling and signage according to City of Chula Vista Standards to prohibit illegal discharge to the storm drain system. 23. 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 Permits, whichever occurs first. 24. Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit will be required prior to issuance of any building permits. 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. Removal and replacement of existing driveway(s) meeting design standards as shown in Chula Vista Construction Standard CVCS-1. Current Driveway(s) shall be replaced, if it does not meet the City of Chula Vista Design Standards/ADA Standards, or if existing driveway is cracked or broken. Dedication of R/W as needed in order for driveway to comply with (American Disability Act) ADA requirements. iii, Removal and replacement of existing pedestrian ramp on the corner of Fenton Street and Harold Place per Chula Vista Construction Standard CVCS-25. Current pedestrian ramp shall be replaced, if it does not meet the City of Chula Vista PC Resolution DR15-0035 September 28, 2016 Page 7 Design Standards/ADA Standards, or if existing pedestrian ramp is cracked or broken. iv. Utilities Trenching and Restoration per CVCS-3 & 4. v. Sewer lateral and storm drain connections to existing public utilities. The Public Works Operations Section will need to inspect any existing sewer laterals and connections that are to be used by the new development. Laterals and connections may need replacement as a result of this inspection. Vi. For the proposed private sewer facilities, Manholes shall be used where 6" mains or larger are connected to public sewer. 25. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City -maintained public facilities. _26. All proposed sidewalks walk«Tays, 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. 27. Any private facilities within the Public right-of-way or City easement will require an Encroachment Permit prior to Improvement Plan or building permit approval. 28. All utilities serving the Project Site and existing utilities located within or adjacent to the Project Site shall be under grounded in accordance with the CVMC, Further, all new utilities serving the Project Site shall be under grounded prior to the issuance of building permits. 29. The Applicant shall submit all technical studies and pay all impact fees prior to or at the time of building permit issuance. 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 1. 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, and Residential Code as adopted and amended by the State of California and the City of Chula Vista. 2, All buildings shall be provided with a fire control room that contains the fire sprinkler riser and the fire alarm panel. This room shall be dedicated to said purpose and located so that it is directly accessible from the exterior of the structure. The room shall be designed in accordance with the CVFD standard drawing for fire control rooms. 3. For 131,220 square feet of Type VA construction, this Project will require a fire flow of 6500 gallons per minute for a 4 -hour duration at 20 p.s.i. PC Resolution DR15-0035 September 28, 2016 Page 8 4. Based upon the required fire flow for Type VA construction type, a minimum of 7 fire hydrant(s) are/is required to serve this Project. 5. All exterior portions of the building shall be within 400 feet of a hydrant. 6. Fire hydrants shall be located and spaced in accordance with California Fire Code, Appendix C. Based upon the required fire flow, fire hydrants are required to be spaced at an average of 250 feet and no point on an apparatus access road to a hydrant shall exceed 150 feet. 7. The Applicant shall submit a fire service study that includes a hydraulic water flow analysis. This analysis shall show the actual flow and pressure for all hydrants and riser stubs. The Hazen Williams formula shall be used in the determination of these flows and pressures. The analysis shall show that the required fire flow is available at the hydrants and that independently the -sprinkler demand -is available at the most demanding sprinkler riser. 8. 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. 9. Fire apparatus access roads shall be provided for every facility or building and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. 10. Fire apparatus access road dimensions shall be a minimum of 20 feet in width and have an unobstructed vertical clearance of 13 feet 6 inches. 11. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD standards. 12. Fire apparatus access road obstruction: Automatic gates shall be provided with both an Opticom Detection System and a Knox Key Switch override. Provisions shall be taken to operate the gate upon the loss of power. 13. Buildings shall be provided with Knox appliances. • Provide a Knox Vault at the main entrance to the building • Provide a Knox Box at the Fire control Room 14. Grades for any access roadway shall be restricted to the following • Asphalt < l l % • Concrete =/> 11 % PC Resolution DR15-0035 September 28, 2016 Page 9 IV. The following shall be accomplished to the satisfaction of the City Building Official or designee, prior to issuance of grading or building permits, unless otherwise specified: Development Services / Building Division 1. Be advised that the City of Chula Vista will be adopting the new 2016 codes in Jan. 2017. Compliance with the following codes is currently required by the City: 2013 California Energy Code, 2013 California Building Code, 2013 California Fire Code, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Electrical Code e and 2013 California Greed Standards Code as adopted and amended by the State of California and the City of Chula Vista. 2. This Project must be designed by_ an Architect or Engineer licensedbar the State of California. [California Business and Professional Code -5536.1, 673-5]. 3. Separate permit may be required for site development, site lighting, perimeter Nvalls, pool, trash enclosure, signage and entry monument sign. 4. Show Electric Vehicle Charging location at parking lot. 5. Show Solar Ready area on Roof. (Energy 110.10) 6. Show Disabled access to Main Building, and Parking, Office, Common Areas. Provide details for ramps, stairs and parking spaces, provide notes for disabled access egress requirements. Units will also need to comply with disabled access requirements. V. The following shall be accomplished to the satisfaction of the City Conservation Manager or designee, prior to issuance of building perinits, unless otherwise specified: Environmental Services / Conservation 1. 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. 2. Please refer to the City of Chula Vista Recycling and Solid Waste Planning Manual (RSWPM) http://w-,vw.chulavistaca.gov/liome/showdocument?id=5211 for trash and recycling requirements, guidelines and recommendations. 3. When plan/drawing sets are 10 sheets or more, provide a separate set specific to trash and recycling information. PC Resolution DR15-0035 September 28, 2016 Page 10 4. Allow for safe trash and recycling service truck circulation by eliminating the need for vehicles to back out, providing 37.1ft or more of turning radius for trucks 42 ft. long, and 8 ft. wide. 5. Show the intended path of travel for trash and recycling service trucks on site plans. 6. Note that asphalt or concrete to be driven over by trash and recycling trucks to provide service be engineered to withstand multiple weekly trips by potentially fully loaded trash trucks. 7. Indicate on site plans (call -out notation) how green waste/ grass clippings will be recycled. Will additional space for green waste be necessary? Ensure deadbolt/ J -bolt anchor holes are in place on the -apron as indicated -in -the -City of._ - Chula Vista sample trash enclosure drawing 4M Please have the -architect refer -to sample drawing #1, #2, and #3 on littp://,A,�.%,",.chulavistaca.gov/home/sliowdociiinent?id=5211 9. Ensure site plans show each enclosure has a concrete apron in front extending 12 feet to the front and 2 feet past each wall on the sides. 10. Show there are wheel stops on the interior of the enclosure to prevent bin sides from damaging the enclosure walls as indicated on drawing ff I. VI. The following on-going conditions shall apply to theProjectSite as long as it- relics 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 and maintain 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 CVMC, nor any other applicable laws and regulations in effect at the time of building permit issuance. 4. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all IiabiIities, Iosses, 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 PC Resolution DR] 5-0035 September 28, 2016 Page 11 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, VII. 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. VIII. 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 Date Printed Name of Property Owner Signature of Applicant Date Printed Name of Applicant PC Resolution DR15-0035 September 28, 2016 Page 12 IX. 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. X. INVALIDITY; AUTOMATIC REVOCATION It 7s 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. Presented by: Kelly Broughton Director of Development Services Approved as to form by: Glen R. Googins City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of September 2016, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: Yolanda Calvo, Chair ATTEST: Patricia Laughlin, Board Secretary