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HomeMy WebLinkAboutCUP19-0020 RESOLUTION NO. CUP19-0020 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT CUP19-0020 TO ALLOW THE USE OF THE MARRIOTT SPRINGHILL SUITES-EASTLAKE HOTEL 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 Conditional Use Permit for a hotel project was filed with the City of Chula Vista Development Services Department by Spectrum Development Group, Inc. (Applicant); and WHEREAS, pursuant to the Eastlake III Sectional Planning Area, a Conditional Use Permit is required for a hotel within the BC-4 zone; and WHEREAS, the application requests approval of a Conditional Use Permit to allow the use of the Marriott Springhill Suites-Eastlake hotel with 179 guest rooms and associated recreation area on approximately 2.75-acre (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 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 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 January 22, 2020 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. The proposed hotel use is a conditionally permitted use and meets all of the development regulations as stipulated in the Eastlake III Planned Community 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 only three 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 and future 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 hotel is located within a site that is surrounded by medical/dental offices, RV storage, business offices and commercial retail. 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 Eastlake III Business Center BC-4 zone. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed hotel use is appropriate for this site and allowed under the BC-4 Zone. Approval of the Project requires compliance with all applicable codes and regulations, and all conditions must be satisfied prior to the final building inspection or occupancy. The proposed building is compatible with the adjacent lots and 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. 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 III SPA plan. Therefore, the use, as proposed, has been found to be consistent with the General Plan and the Eastlake III Business Center BC-4 zone. Page 3 January 22, 2020 BE IT FURTHER RESOLVED that the Planning Commission, based on the findings above, hereby approves the Conditional Use Permit subject to the following conditions: 1. 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: 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. Land Development Division/Landscape Architecture Division 3. The Applicant shall be required to pay fees based on the final Building Plans submitted per the Master Fee Schedule. 4. 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 5. 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. 6. The proposed Fire Access Road shall meet H-20 Loading requirements or shall be designed for a Traffic Index(T.I.) of 5. 7. Temporary improvements (such as fences, asphalt ramps, signs, etc.) located in street right of way, City easements or City owned Open Space Lots will require an Encroachment Permit. Page 4 January 22, 2020 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. The Applicant shall submit full Landscape and Irrigation Plans for review and approval by the City's Landscape Architect. Fire Department 15. 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. 16. 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. Page 5 January 22, 2020 17. For 127,628 square feet of Type III-B construction, this Project will require a fire flow of 2,813 gallons per minute for a 3-hour duration at 20 p.s.i. GPM reflects 25%reduction. 18. Based upon the required fire flow for Type III-B construction type, a minimum of 4 fire hydrants are required to serve this Project. 19. 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. 20. Fire Hydrants shall be located and spaced in accordance with California Fire Code, Appendix C. 21. 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. 22. 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. 23. 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. 24. 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. 25. Fire apparatus access roads shall be marked as Fire Lanes in accordance with CVFD standards. 26. 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. 27. 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 Page 6 January 22, 2020 28. 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 — 15 Oft from the building to the face of the curb= 10-inches in height with a 1 -inch stroke • 151 ft from the building to the face of the curb= 16-inches in height with a 2-inch stroke 29. Grades for any access roadway shall be restricted to the following • Asphalt < 11% • Concrete =/> 11% 30. This Project is to be protected throughout by an approved automatic fire sprinkler system. 31. This Project is to be protected throughout by an approved fire alarm system. 32. This project shall comply with Chula Vista's Emergency Responder Radio Coverage guidelines as described on the following web link.: https://www.chulavistaca.g_ov/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 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 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. 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 Conditional Use 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 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. Page 7 January 22, 2020 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 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 epartment. S gnature of roperty (0 e Date A VO v7- Printed Name of Property Owner Date (k-or-7 - -T/& "z ant a Sig ature of ApplicDa s /"70 Printed NaAie of App cant ate Page 9 January 22, 2020 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of January 2020, by the following vote, to-wit: AYES: Burroughs, De La Rosa, Gutierrez, Milburn,Nava, Torres, Zaker NOES: None ABSENT: ABSTAIN: Gabe Gutierrez, Chair A ST: P ricia Sal"i , Secretary Presented by: Approved as to form by: r _ Kell roughton Glen R. oogi s Director of Development Services rney J:\Planning\Caroline\Discretionary Permits\Marriott Springhill Suites-Eastlake\PC report\DR19-0029 PC Reso