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Home My WebLink AboutCUP 15-0030-RecordedDOC# 2016-0631568 RESOLUTION NO. CUP15-0030 Nov 18, 2016 09:20 AM Recording requested OFFICIAL RECORDS by: Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER City of Chula Vista FEES: $0.00 After recording return to: PAGES: 8 City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Tyshar Turner Fee Exempt - Gov't Code 6103 This space for Recorder's use only RESOLUTION NO. CUP15-0030 RESOLUTION NO. CUP15-0030 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT, CUP15-0030 TO CONSTRUCT A 4 -STORY, 131,220 SQUARE FOOT HAMPTON INN AND HOMEWOOD SUITES HOTEI. 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 II SPA BUSINESS CENTER (BC -4) AT 2424 FENTON STREET WHEREAS, on December 18, 2015, a duly verified application for a Conditional Use 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 Conditional Use 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 3.88 --acres; 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 Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted Final Environmental Impact Report EIR 92-01 for the Eastlake 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 Conditional Use 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 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. PC Resolution CUP14-0030 September 28, 2016 Page 2 The proposed hotel use is a conditionally perinitted ust: and gleets all of the development regulations as stipulated in the Eastlake 11 SPA PC District Regulations and Business Center Design Guidelines. The site is intended tor 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. 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 conditionally permitted within the Eastlake II SPA PC District Regulations for the Business Center (BC -4) Zoning District. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The Project is in compliance with the Eastlake II SPA PC District Regulations and Business Center (BC -4) Design Guidelines. The Applicant proposes to construct a 4 -story 205 -room hotel with outdoor recreational areas for hotel guests. A total of 1 parking space per room 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. In addition, the project will comply with all other required development and operating regulations, contained in the SPA and Business Center regulations. 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 Eastlake II SPA Plan. Therefore, the use, as proposed, has been found to be consistent with the General Plan and the Eastlake II SPA and Business Center BC -4 Zoning District. PC Resolution CUP14-0030 September 28, 2016 Page 3 BE TT FURTHER RESOL,Vl D '1'llr� [ 'TIII�; PT,AI �2� li�1G COMMISSION, BASED ON THE FINDINGS ABOVE, hereby approves the Conditional Use 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; 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. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval. 1. Approval of the Conditional Use 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. 2. 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 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 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. 3. 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. PC Resolution CUP 14-00' September 28, 2016 Page 4 IIL9 GOVERNMENT CODE SECTION 660',()(d)(1) NOTICE Pursuant to Government Code Section 66020(4) (1), NOTICE, IS HEREBY GIVEN that the 90 day period to protest the imposition of any iinpact 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 licenVbehelin abeyance without approval. -- — Signatur tr i y"wner Dat Printed Name of Property Owner Sig ature of Applicant Printed Name of Applicant' -r Date PC Resolution CUP14-0030 September 28, 2016 Page 5 V. CONSEQUENCE OF FAILURE OF CONI DITIONS If any of the foregoing conditions f2il 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. 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. Preset by: Approved as to form by: Kelly hton Director of Development Services rney 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: Anaya, Fuentes, Gutierrez, Livag, Nava, Calvo NOES: ABSENT: Zaker f. ABSTAIN: Yolanda Cal , Chair A77ST: I Patricia Laughlin, Secretar ` Page 1 of 1 San Diego County 111111111111111111111111111111111111 IN Transaction #: 697139 w : ° Receipt #: 2016329918 Ernest J. Dronenburg, Jr. Assessor/Recorder/County Clerk 1600 Pacific Highway Suite 260 Cashier Date: 11/18/2016 Print Date: 11/18/2016 9:20 am San Diego, CA 92112-1750 Cashier Location: SD Tel. (619) 238-8158 Fax (619) 557-4155 www.sdarcc.com Payment Summary Total Fees: $0.00 Total Payments: $0.00 Balance: $0.00 Payment NO CHARGE PAYMENT $0.00 Total Payments $0.00 Recorded Item OFFICIAL RECORD -1 Document #: 2016-0631568 Date: 11/18/2016 9:20AM Pages: 6 Total Fees Due: $0.00 Grand Total - All Documents: $0.00 Page 1 of 1