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CK <br />D <br />Charles, Kane & Dye LLP <br />May 1, 2009 REFER TO FILE NO.: <br />20500.001 <br />VIA HAND DELIVERY <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92702 <br />Attn: Mayor Miguel Pulido <br />Council Members, Carlos Bustamante, <br />Claudia Alvarez (Mayor Pro Tem), <br />David Benevides, Michele Martinez, <br />Sal Tinajero, and Vincent F. Sarmiento <br />Re: Application by Nexus Development Corporation for Zoning Ordinance <br />Amendment No. 2009, et al. <br />Ladies and Gentlemen: <br />Please be advised that this office represents the Doubletree Club Hotel/Orange County <br />Airport located at 7 Hutton Centre Drive, Santa Ana, California ("Doubletree Club"). In <br />response to the hearing of the Planning ColTtmission held on April 13, 2009, I prepared and <br />delivered to the Planning Commission the objection of Doubletree Club Hotel/Orange County <br />Airport to the Application by Nexus Development Corporation ("Nexus") for an amendment <br />to the currently approved zoning and a variance to the Code required parking availability in <br />order to permit construction of a proposed Marriott Courtyard Hotel. After public hearing on <br />the matter at that time, the Planning Commission issued a "No Recommendation' finding, <br />and Nexus elected to bring this matter directly before the City Council requesting that the City <br />Council ignore the findings of the Planning Commission and nonetheless grant its Application. <br />This letter is written in continued opposition to the Nexus Application, and supplements my <br />earlier letter which I request remain part of the record in this matter and be considered by the <br />City Council. <br />I have reviewed the Staff Report of the Planning Commission (the "Report"), dated <br />April 13, 2009, with respect to ZOA No. 2009-04, CUP No. 2009-08, Amend DA No. 05-02 and <br />VA No. 2009-02 with respect to a proposed Marriott Courtyard Hotel. The Staff Report failed <br />to adequately address at least two major concerns, which undoubtedly was part of the basis <br />for the Planning Commissions "No Recommendation." First, the requested Zone Amendment <br />and Conditional Use Permit to allow the construction of a hotel, which was not included <br />within the permitted uses for this parcel in the Specific Development No. 76 Zoning District <br />(SD-76), abandons the City's well-conceived urban village concept for this property. The <br />1920 Main Street ,Suite 1070 • Irvine, CA 92614 • TEL: 949.852.8$68 • FAX: 949.$52.987$ • www.ckdcounsel.com <br />75B-233 <br />