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HomeMy WebLinkAboutItem 2 - Attachment 2 RESOLUTION NO. DR19-0029 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A DESIGN REVIEW PERMIT DR19-0029 TO CONSTRUCT A 5-STORY, 127,628 SQ. FT. MARRIOTT SPRINGHILL SUITES-EASTLAKE WITH 179 GUEST ROOMS AND ASSOCIATED RECREATION AREA ON 2.75-ACRE SITE LOCATED AT THE CORNER OF FENTON STREET AND SHOWROOM PLACE WHEREAS, on September 26, 2019, a duly verified application for a Design Review Permit for a hotel project was filed with the City of Chula Vista Development Services Department by Spectrum Development Group, Inc. (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 5-story, 127,628 sq. ft. Marriott Springhill Suites-Eastlake hotel with 179 guest rooms and associated recreation area on approximately 2.75-acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at the corner of Fenton Street and Showroom Place as identified in the County Assessor records as Assessor's Parcel Number (APN) 595-710-21-00 ("Project Site" or "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 Mitigated Negative Declaration (IS-00- 03), for the Planned Community, Eastlake III Sectional Planning Area (SPA) Plan, and also qualifies for a Categorical Exemption pursuant to In-Fill Development Projects, Section 15332 of the State CEQA Guidelines. 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 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: I. ENVIRONMENTAL REVIEW That the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project Attachment 2 Page 2 January 22, 2020 was adequately covered in the previously adopted Mitigated Negative Declaration (IS-00- 03), for the Planned Community, Eastlake SPA Plan, and also qualifies for a Categorical Exemption pursuant to In-Fill Development Projects. Thus, no further environmental review is required. It GENERAL 1. That the proposed Project is consistent with the development regulations and design guidelines of the Eastlake III, Business Center BC-4 and other applicable regulations contained in the Chula Vista Municipal Code. The Project Site is designated Business Center (BC-4) and is permitted with a Conditional Use Permit for a hotel use. The Project is in compliance with the Eastlake III SPA plan Design Guidelines and is consistent with the Chula Vista Municipal Code. The Applicant is proposing to build a 5-story, 127,628 sq. ft. Marriott Springhill Suites-Eastlake hotel with 179 guest rooms and associated recreation area. Enhanced architectural details are proposed along each elevation incorporating a variety of colored stucco, stone veneer, aluminum material used at the front entrance roof overhang and also below the window sills, and a flat roof with varying heights. Open space areas include a pool,j acuzzi, fire pit, BBQ and outdoor lounge with TV, event lawn, and a covered patio and trellis area. A total of 187 parking spaces are required for the hotel. The Project proposes a total of 187 parking spaces on-site (see Attachment 5, Project Plans). The building height to the top of the roof is 68-ft. The maximum building height in accordance with the guidelines is 76-ft., with Planning Commission approval. The lot coverage ratio and setback requirements are subject to the BC-4 zone. The Project meets the zone requirements. 2. That the proposed Project is consistent with the design requirements and recommendations contained in Chapter II — Business Center Design Guidelines of the Eastlake III SPA plan. The proposed project architecture features a contemporary and modern architectural design that is consistent with the Eastlake III SPA plan Design Guidelines. The building mass is articulated by horizontal and vertical plane offsets, which provide variety and interest and are highlighted by accent colors and materials that break up the roof line. The building facades also include a variety of building materials and colors, including light to dark colors for accent walls, stone veneer accent walls, an aluminum material to show contrast around the windows and accent the front entrance to the hotel building, and a flat roof. The overall design, form and scale of the building fit within the guidelines of the Business Center District. 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 Director of Development Page 3 January 22, 2020 Services, 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 and Landscape Plans, Floor Plan, and Elevation Plan on file in the Development Planning Division, the conditions contained herein, and Chula Vista Municipal Code ("Municipal Code" or"CVMC") 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 DDA-0541. 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 sheet approved by the Planning Commission. 4. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any Building and Wall Plans. Additionally, the Project shall conform to Section 9.20.055 of the Municipal Code 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. 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 properties. Details for said lighting shall be included in the Architectural Plans. 8. The Applicant shall obtain approval of Conditional Use Permit application, CUP 19-0020 in conjunction with this permit. Land Development Division/Landscape Architecture Division 9. The Applicant shall be required to pay fees based on the final Building Plans submitted per the Master Fee Schedule. 10. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of the following items: a. Construction Permit b. Encroachment Permit c. Grading Permit Page 4 January 22, 2020 11. Prior to the approval of the Building Permit, the 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. The proposed Fire Access Road shall meet H-20 Loading requirements or shall be designed for a Traffic Index (T.I.) of 5. 13. 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. 14. All construction sites are required to implement Construction Best Management Practices (BMPs) in accordance with the performance standards outlined in Appendix K of the BMP Design Manual. In general: a. For projects disturbing one (1) acre or more requires coverage under and compliance with the Construction General Permit (CGP), the construction BMPs must be identified in a Storm Water Pollution Prevention Plan (SWPPP). b. For project that qualifies for an Erosivity Waiver under the CGP, a CSWPCP may be submitted in lieu of a SWPPP. However, if the Erosivity Waiver expires prior to project completion, the project applicant shall obtain a new Waste Discharge Identification number and submit a SWPPP. 15. A complete and accurate Notice-of-Intent (NOI) must be filed with the San Diego Regional Water Quality Control Board (SDRWQCB) for projects covered under the CGP. A copy of the acknowledgement from the SDRWQCB that a NOI has been received for this Project shall be filed with the City of Chula Vista when received. 16. Projects shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Dischargers Associate with Industrial Activities (IGP) Order 2014-0057-DWQ. 17. All proposed sidewalks, walkways, pedestrian ramps, and disabled parking shall be designed to meet the City of Chula Vista Design Standards, Americans with Disabilities Act(ADA) Standards, and CVMC Title 24 standards, as applicable. 18. 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. Page 5 January 22, 2020 19. The Applicant shall submit a final sewer study for the review and approval of the City Engineer, or designee, prior to the approval of the building permit. 20. The Applicant shall submit full Landscape and Irrigation Plans for review and approval by the City's Landscape Architect. Fire Department 21. 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. 22. The Applicant shall submit Improvement Plan (Fire mains) directly to the Chula Vista Fire Department (CVFD) office to obtain a Fire Permit for the civil improvement plans with Engineering Analysis Report. 23. For 127,628 square feet of Type III-B construction, this Project will require a fire now of 2,813 gallons per minute for a 3-hour duration at 20 p.s.i. GPM reflects 25%reduction. 24. Based upon the required fire flow for Type III-B construction type, a minimum of 4 fire hydrants are required to serve this Project. 25. Where a portion of the building is more than 400 feet from a fire hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the building, new/additional fire hydrants shall be provided. 26. Fire Hydrants shall be located and spaced in accordance with California Fire Code, Appendix C. 27. A fire service study shall be performed 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. 28. 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. 29. 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. Page 6 January 22, 2020 30. 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. 31. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD standards. 32. 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. 33. Buildings shall be provided with Knox appliances. a. Provide a Knox Box at the main entrance to the building b. Provide a Knox Box at the Fire Control Room 34. The building(s) and their units/ suites shall be addressed in accordance with the following criteria: • 0— 50ft from the building to the face of the curb = 6-inches in height with a f- inch stroke • 51 — 150ft from the building to the face of the curb = 10-inches in height with a 1 '/2 -inch stroke • 151ft from the building to the face of the curb = 16-inches in height with a 2-inch stroke 35. Grades for any access roadway shall be restricted to the following • Asphalt< 11% • Concrete =/> 11% 36. This Project is to be protected throughout by an approved automatic fire sprinkler system. 37. This Project is to be protected throughout by an approved fire alarm system. 38. This project shall comply with Chula Vista's Emergency Responder Radio Coverage guidelines as described on the following web link.: https://www.chulavistaca.gov/home/showdocument?id=15680 II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved Landscape Plan. 2. 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. Page 7 January 22, 2020 3. 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 Design Review Permit, (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 and (c) any environmental determinations for the Project. 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. 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. 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 Government Code 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 signed and returned to the City's Development Services Department. Signature of Property Owner Date Page 8 January 22, 2020 Printed Name of Property Owner Date Signature of Applicant Date Printed Name of Applicant Date 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 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. Page 9 January 22, 2020 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this day of 2020, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Gabe Gutierrez, Chair ATTEST: Patricia Salvacion, Secretary Presented by: Approved as to form by: Kelly Broughton Glen R. Googins Director of Development Services City Attorney J:APlanning\CarolineADiscretionary Permits\Marriott Springhill Suites-Eastlake APC report\DR19-0029 PC Reso