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ZOA No. 2009-04, CUP No. 2009-08, <br />Amend DA No. 05-02 and VA No. 2009-02 <br />April 13, 2009 <br />Page 4 <br />Zoning Ordinance Amendment <br />When the Specific Development No. 76 Zoning District (SD-76) was created <br />it divided the MacArthur Place South project site into two zones. Zone <br />1 consisted of all the properties within Hutton Centre with the <br />exception of the Nexus projects (Exhibit 8) The permitted uses in Zone <br />1 remained unchanged, allowing similar uses to what is currently allowed <br />in the C2 zones with the exception of several incompatible uses (such as <br />automobile sales and repair, equipment rental yards and hospitals). <br />Zone 2, which encompasses the currently proposed project as well as the <br />other Nexus projects, was proposed to permit only offices, museums, <br />libraries and galleries by right. Other uses such as retail, <br />restaurants and residential were to be conditionally permitted in the <br />zone to allow the City to review each project and apply conditions <br />necessary to ensure the project remains a quality development. At that <br />time, hotel uses were not considered as either a permitted or <br />conditionally permitted use as there were several other hotels in the <br />area and the project site had already been slated for retail, restaurant <br />and residential uses. <br />Although hotel uses were not considered in the original Specific <br />Development they are still compatible with the underlying goal of SD-76 <br />to create a mixed use, active urban center. In addition to the guests <br />staying at the hotel using the surrounding retail and restaurants within <br />the project site, the hotel's ample meeting space has the potential to <br />attract groups and special events. Both of these activities also have <br />the potential to increase pedestrian activity within the project area on <br />a daily basis. Additionally, the project sites location near several <br />arterial streets as well as convenient access to the Newport-Costa Mesa <br />(SR-55) Freeway make it an appropriate location for a hotel use <br />(Exhibit 9) . <br />Conditional Use Permit <br />In conjunction with the amendment to Specific Development No. 76 to <br />conditionally allow hotel uses within Zone 2, the applicant is also <br />requesting a conditional use permit for the proposed Courtyard by <br />Marriott. By requiring a conditional use permit the City maintains the <br />ability to more fully review projects as well as include any necessary <br />conditions to ensure the project remains of the highest quality. <br />75B-6 <br />