HomeMy WebLinkAboutResolution 2023-25
Attachment 3
RESOLUTION NO. 2023-25
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING DESIGN REVIEW PERMIT NO. DR23-0006 TO CONSTRUCT
A FOUR-STORY, 70,600 SQUARE-FOOT HOTEL WITH 130 ROOMS, ON A
VACANT 2.16-ACRE PORTION OF LOT 1 OF THE MILLENIA SECTIONAL
PLANNING AREA.
WHEREAS, on March 3, 2023 a duly verified application for a Design Review Permit was
filed with the City of Chula Vista Development Services Department by Excel Hotel Group, Inc.
(Applicant) on a property owned by Millenia 2022, LLC (Property Owne); and
WHEREAS, the area that is the subject of this Resolution, is an existing 2.16-acre parcel
located in the southeastern corner of Lot 1 within Business Center - District Four of the Millenia
Sectional Planning A, and bordered on the north by the Ayres Hotel, the east by
Millenia Avenue, the south by Bob Pletcher Way, and on the west by State Route 125 Project
Sd
WHEREAS, the Applicant requests approval of a Design Review Permit to a four-story,
70,600 square-foot hotel with 130 rooms and associated parking (Project); and
WHEREAS, pursuant to Section 03.15.002 of the Millenia SPA, the Applicant obtained
a lower parking rate of 111 parking spaces for the
Project; and
WHEREAS, in accordance with Section 04.04.001 of the Millenia SPA, a hearing with the
Planning Commission is required for Design Review applications proposing more than 30,000
square feet of non-residential square footage; 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 is adequately covered in a previously certified Final Second Tier Environmental Impact
Report (EIR-07-01; SCH #2007041074, Resolution No. 2009-223) for the Eastern Urban Center,
dated September 15, 2009. Therefore, no further environmental review is required; and
WHEREAS, City staff recommends approval and adoption of Design Review Permit
DR23-0006; 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 Chula Vista Planning Commission has reviewed and considered all
materials for the Project; and
PC Resolution No. 2023-25
December 13, 2023
WHEREAS, as advertised, the hearing was held at 6:00 p.m. on Wednesday, December
13, 2023 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 regarding Design Review Permit DR23-
0006:
1. That the proposed Project is consistent with the development regulations of the
Millenia Sectional Planning Area and Planned Community (PC) District
Regulations.
The proposed commercial use is permitted and meets all of the development and parking
regulations, including the reduction of on-site parking spaces, as stipulated in the Millenia
SPA and PC District Regulations, and as conditioned herein.
2. The proposed Project is consistent with the design and development standards of the
Millenia SPA Design Plan.
The Project complies with the Design Guidelines of the Millenia SPA Design Plan for
Business Center District Four.
BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings
above, does hereby approve Design Review Permit No. DR23-0006, subject to the following
conditions:
I. The following on-going conditions shall apply to the Project as long as it relies on this
approval:
Planning
1. The Applicant shall maintain the Project Site in accordance with the approved plans, which
include site plans and elevation plans on file in the Planning Division, and in accordance
with the conditions contained herein, and with CVMC
Title 19.
2. The conditions of approval for DR23-0006 shall be applied to the subject property until
such time as the approval may be revoked, and the existence of this approval with
conditions shall be recorded with the title of the property.
3. The colors and materials specified on the building plans shall be consistent with the colors
and materials shown on the plans approved by the Planning Commission on December 13,
2023.
4. A graffiti resistant treatment shall be specified for all wall and building surfaces to a
minimum of 10 feet above finished grade. This shall be noted on any building and wall
plans and shall be reviewed and approved prior to the issuance of building permits.
PC Resolution No. 2023-25
December 13, 2023
Additionally, the Project shall conform to Sections 9.20.035 and 9.20.055 of the CVMC
regarding graffiti control or as approved by the Director of Development Services.
5. All reasonable attempts must be made to ensure ground-mounted utility appurtenances
such as transformers, air conditioning (AC) condensers, etc., shall be located out of public
view and/or adequately screened through the use of a combination of concrete or masonry
walls, berming, and/or landscaping.
6. 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 as required by the Director of Development Services. Such screening
shall be architecturally integrated with the building design.
7. 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.
8. All applicable requirements and mitigation measures of the certified and adopted Final
Second Tier Environmental Impact Report (EIR-07-01; SCH #2007041074, Resolution
No. 2009-223) for the Eastern Urban Center, dated September 15, 2009, for the Project
Site shall be implemented and met.
9. Buildings shall be designed to minimize energy consumption, in compliance with
California Building Energy Efficiency Standards, Title 24, Parts 6 and 11.
Land Development
10. The Applicant shall comply with all requirements and guidelines of the Millenia SPA
Business Center District 4, 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.
11. The Applicant shall comply with all applicable conditions of approval for Tentative Map
No. PCS-09-03 & TPM No. 22-0006.
12. Prior to Final Building inspection, the public infrastructure serving the project site shall be
constructed and fully operational to the satisfaction of the Director of the Development
Services Department.
13. The Applicant shall deposit any applicable fees in accordance with the City Master Fee
Schedule for any required submittals per the Subdivision Manual and Municipal Code.
14. The Applicant shall apply for a Grading Permit consistent with the applicable provisions
of CVMC Title 15.04 and the Subdivision Manual, reviewed and approved by the Land
Development Division. This permit shall reflect all grading required to create building pads
PC Resolution No. 2023-25
December 13, 2023
and drainage systems necessary to address drainage leaving the site in addition to, but not
limited to, the following:
a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the
City Engineer.
b. Drainage Study and Geotechnical/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 flows from two-year, 10-year, and 50-year return frequency storms.
Drainage study shall also demonstrate that no property damage will occur during
the 100-year storm event.
c. Drainage study shall show any offsite flows.
d. All onsite drainage facilities shall be private.
15. The following applies to all site retaining walls:
a. When Grading Plans are submitted for a Grading Permit, all retaining walls shall
be noted on the Grading Plans and include a detailed wall profile.
b. Structural wall calculations are required if walls are not built per San Diego
Regional Standard Drawings, or City of Chula Vista Construction Standards GRD-
05.
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 bins (if any) shall be noted on the Grading Plans and
called out per standard.
e. Retaining wall drains shall tie into the drainage system.
16.
accordance with Section 12.12.120 of the Municipal Code and Chula Vista standard
drawing RWY-05 (Sight Distance Requirements). Also, landscaping, street furniture, or
signs shall not obstruct the visibility of driver at the street intersections or driveways.
17. Street or driveway within the complex shall be designated as private.
18. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be
required, as necessary. Utilities Trenching and Restoration shall be per Chula Vista
Construction Standard GSI-03.
PC Resolution No. 2023-25
December 13, 2023
19. It is the A
any agency or/and jurisdiction for the project, prior to issuance of any City permit.
20. Any improvements in the right-of-way beyond the project limits shall be designed and
constructed as to not interfere with adjacent businesses, as approved by the City Engineer.
21. Prior to beginning any earthwork activities at the site and before issuance of any Building
Permit, the Applicant shall submit grading plans to the Land development Division for
processing, reviewing, and permitting in accordance with Municipal Code Title 15.04.
current Best Management Practices (BMP) Design Manual.
22. Design Review Priority Development Project Storm Water Quality Management Plan
There may be additional requirements set at the time the development takes place and/or a
Land Development Permit is applied for, depending upon final plans submitted for review
and approval.
23. Design Review Drainage Report is considered conceptually complete and provides
adequate information on the projects Drainage objectives to move forward into
Construction Drawing documents. There may be additional requirements set at the time the
development takes place and/or a Land Development Permit is applied for, depending upon
final plans submitted for review and approval.
24. Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement
to perpetually maintain and fund all Post Construction Permanent BMP facilities within
the project to the satisfaction of the City Engineer, prior to the issuance of the Grading,
Construction, or building permit, whichever occurs first.
25. Applicant shall submit a detailed Operation & Maintenance (O&M) plan for all
permanent BMPs as required by the City to preserve the intended pollution control and/or
flow control performance of the BMP. Upon completion of construction of BMPs/project,
update/finalize O&M Plan to reflect constructed structural BMPs with as-built plans and
baseline photos.
26. Prior to grading permit issuance, Applicant shall provide a complete and accurate Notice-
of- Intent (NOI) filed with the Storm Water Resources Control Board (SWRCB) for
the project as covered under the Construction General Permit (CGP). A copy of the
acknowledgement from the SWRCB that a NOI has been received for this project shall be
filed with the City of Chula Vista when received. Further, a copy of the completed NOI
from the SWRCB showing the Permit Number for this project shall be filed with the City
of Chula Vista when received.
PC Resolution No. 2023-25
December 13, 2023
27. Prior to issuance of any Building Permit within the Project, the Applicant shall provide the
City with proof of Pad Certification.
28. 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.
29.
first Building Permit or prior to the first improvement plans approval.
30. All proposed sidewalks, walkways, pedestrian ramps, and parking for people with
disabilities shall be designed to meet the City of Chula Vista Design Standards, Americans
with Disabilities Act (ADA) Standards, and Title 24 standards, as applicable.
31. Proposed private water and fire lines structures are to be submitted on a separate Building
Plan and permitted by the Building and Fire departments.
32. Proposed Fire Access Roads and Driveways shall meet H-20 Loading requirements or shall
be designed for a Traffic Index (T.I.) of 5.
33. The proposed trash enclosure shall be a covered trash enclosure, and shall meet the
requirements of city of Chula Vista BMP Manual Fact Sheet SC-Q.
34. Applicant shall obtain an Encroachment Permit for any private facilities within public
right- of-way and/or City easements prior to construction permit or any building permit
issuance.
35. Prior to Grading Plan approval, the Applicant shall upload digital files in a format such as
AutoCAD DWG or DXF (AutoCAD version 2000 or above), ESRI GIS shapefile, file, or
personal geodatabase (ArcGIS version 9.0 or above). The files should be transmitted
directly to the GIS section using the city's digital submittal file upload website at:
http://www.chulavistaca.gov/goto/GIS. The data upload site only accepts zip formatted
files.
36. The Applicant is advised that there may be additional requirements set at the time his/her
development takes place, depending upon final plans submitted for Grading, Improvements
and/or Building Permits. This response is based solely on the material that were submitted
for our review.
Landscape Architecture
37. Prior to the second submittal of the building permit set, applicant shall submit a complete
set of Landscape Improvement plans for review and approval and signature by the Director
of Development Services or designee. For further information about submitting Landscape
Improvement plans and to download a Landscape Improvement review packet see the
PC Resolution No. 2023-25
December 13, 2023
following link: https://www.chulavistaca.gov/departments/development-
services/resources/dsdformsspecifications
38. Said plans shall conform to the following City documents including but not limited to:
a. Landscape Water Conservation Ordinance (LWCO), Chapter 20.12 of the City
of Chula Vista Municipal Code
b. City of Chula Vista Landscape Manual Shade Tree Policy (576-19)
39. Prior to the final building inspection, the Applicant shall have installed landscape
improvements associated with the Project, per all approved and signed Landscape
Improvement plans to the satisfaction of the City of Chula Vista Landscape Inspector and
of the Director of Development Services or designee.
40. Project shall maintain in perpetuity a minimum of 3-foot-wide planting screen buffer
between the building patio area and jogging path as per Sheet A401 in the approved
architectural plans.
41. Project shall maintain two (2) benches / alcoves at jogging path adjacent to jogging path
segment along the eastern edge of Millenia Avenue as per Sheet L1 in the approved
landscape plans.
Fire Prevention
42. 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) as amended by the City of Chula
Vista.
43. Please note to submit the site access sheet with the transposed Chula Vista Fire Department
Auto Turn detail (on a CVFD Details sheet) and auto turn results during the
building permit submittal process.
44. For 70,600 square feet of Type V-A construction, this Project will require a fire flow of
4,750 gallons per minute for a 4-hour duration at 20 p.s.i. CVFD allows a 25% reduction
in fire flow when the building is protected by a fire sprinkler system. The fire flow number
above has already been reduced by 25%.
45. Based upon the required fire flow for Type V-A construction type, two (2) fire hydrants
are required to serve this Project. Additionally, a maximum average spacing of 350 feet
between hydrants is required.
46. Where a portion of the building is more than 300 feet from a hydrant on a fire apparatus
access road, as measured by an approved route around the exterior of the building, on site
fire hydrants and/or improvements to the existing public water main shall be made.
PC Resolution No. 2023-25
December 13, 2023
47. Fire Hydrants shall be located and spaced in accordance with CFC, Appendix C.
48. 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. Please note to submit the site access sheet with the transposed CVFD Auto Turn
detail (on a CVFD Details sheet) and auto turn results during the building permit submittal
process.
49. 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. Perform an Auto-Turn analysis using
CVFD auto turn data and transpose results onto site plan. Please note to submit the site
access sheet with the transposed CVFD Auto Turn detail (on a CVFD Details sheet) and
auto turn results during the building permit submittal process.
50. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with
an approved area for turning around fire apparatus. Please note to submit the site access
sheet with the transposed CVFD Auto Turn detail (on a CVFD Details sheet) and auto turn
results during the building permit submittal process.
51. Grades for any access roadway shall be restricted to the following:
a. Asphalt < 11%
b. Concrete = 11-15%
52. This Project is to be protected throughout by an approved automatic fire sprinkler system
in accordance with National Fire Protection A 13 and 13R.
53. Building address numbers shall be in accordance with CV
page: CVFD Fire Prevention Requirements, Forms, and Details. Premise Identification
shall be shown on the Architectural Building Permit Plan submittal.
54. Each of the proposed commercial spaces shall be assigned a suite number in accordance
with City of Chula Vista Engineering Department guidelines. Architectural plans submittal
shall have these approved suite numbers assigned to all commercial suites.
55. Plans shall show proposed locations for required illuminated directory in accordance with
corresponding CVFD guideline.
56. Provide Illuminated Directory detail on Civil plans.
57. Plans for the design and construction of on-site/private underground fire service utilities
are required to be included within a permit submitted to the Development Services
Department in the form of a Private Utility Permit Plans or as a separate permit directly
with the CVFD.
PC Resolution No. 2023-25
December 13, 2023
II. The following ongoing conditions shall apply to the Project Site as long as it relies
upon this approval:
58. The Applicant shall maintain the Project in accordance with the approved plans for DR23-
0006, which include a site plan, floor plans, and elevations on file in the Development
Services Department. The Project shall also maintain compliance with the conditions
contained herein and the Millenia/EUC SPA Business Center District 4 development
regulations.
59. Approval of this Project shall not waive compliance with any provisions of the Millenia
SPA, CVMC, nor any other applicable laws and regulations in effect at the time of building
permit issuance.
60. The Applicant and Property Owner shall and do hereby agree to timely and fully indemnify,
protect, reimburse, defend, and hold harmless the 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 any costs, fees, and
expenses to prepare the administrative record for any challenge to the Project approvals
and/or compile a response to a Public Records Act request(s) to provide the record of
defend any challenge to any Project-related approvals, court costs and attorney fees
other permit or action, whether discretionary or non-discretionary, in connection with the
use contemplated herein, and the Applicant shall acknowledge their agreement to this
provision by executing a copy of this permit where indicated below. The Applicant and
pliance with this provision is an express condition of this permit and
PC Resolution No. 2023-25
December 13, 2023
61. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista
General Plan, the Chula Vista Landscape Manual, the CVMC, and the Millenia SPA
Business Center District 4, as amended from time to time, unless specifically modified by
the appropriate department head with the approval of the City Manager. These plans may
be subject to minor modifications by the appropriate department head with the approval of
the Director of Development Services. However, any substantial modifications shall be
subject to approval by the Planning Commission.
62. This permit shall expire if not utilized within three years of the approval date (December
13, 2026) or the end of any appeal period unless the Applicant initiates an extension prior
to expiration of the permit in accordance with CVMC Section 19.14.600.
63. Any violations of the terms and conditions of this permit may result in the imposition of
civil or criminal penalties and/or the revocation or modification of this permit.
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 the same. Upon execution,
this document shall be signed and Development Services Department.
________________________________ _______________________
Signature of Property Owner Date
(Guy Asaro for Millenia 2022, LLC)
________________________________
Printed Name of Property Owner
(Guy Asaro for Millenia 2022, LLC)
PC Resolution No. 2023-25
December 13, 2023
________________________________ _______________________
Signature of Applicant Date
(David Thorne for Excel Hotel Group, Inc)
________________________________
Printed Name of Applicant
(David Thorne for Excel Hotel Group, Inc)
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.
Presented by: Approved as to form:
_________________________ _____________________
Laura C. Black, AICP for Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
PC Resolution No. 2023-25
December 13, 2023
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
th
VISTA, CALIFORNIA, this 13 day of December 2023, by the following vote, to-wit;
AYES: Burroughs, Combs, De La Rosa, Felber, Leal, Torres, Zaker
NOES:
ABSENT:
ABSTAIN:
_________________________
Michael De La Rosa, Chair
ATTEST:
________________________
Mariluz Zepeda, Secretary