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HomeMy WebLinkAbout2009-20bk-12/9/09 • RESOLUTION NO. 2009-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2009-03, AS CONDITIONED, FOR THE MARRIOTT HOTEL PROJECT LOCATED AT 6 EAST MACARTHUR PLACE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval by the Planning Commission of a redesign of its previously approved west elevation of its hotel, due to removal of a wing which would have contained 30 rooms. B. Section 41-593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with Specific Design Zoning District No. 76. C. Site Plan Review No. 2009-03 came before the Planning Commission of the City of Santa Ana on December 14, 2009. The Planning Commission has considered all • evidence, oral and written, including the Request for Planning Commission Action dated December 14, 2009, which is incorporated herein by this reference as though fully set forth. D. The revised hotel project west elevation is consistent with all requirements of the underlying Specific Design zoning district (SD 76). E. The revised west elevation is determined to be in compliance with the architectural provisions governing the project. F. This project was reviewed in accordance with Guidelines of the California Environmental Quality Act. It has been determined that there are no new significant impacts or any increases in the severity of the impacts resulting from the modified plan. As a result, the proposed project has been adequately evaluated in the Addendum to the previously certified Environmental Impact Report No. 2004-02. Section 2. The Planning Commission of the City of Santa Ana hereby approves Site Plan Review No. 2009-03 as conditioned in Exhibit "A", attached hereto and incorporated herein by this reference as though fully set forth. • Resolution 2009-20 Page 1 of 15 • ADOPTED this 14th day of December , 2009. AYES NOES Commissioners: Betancourt, Gartner, Leo, Yrarrazaval (4) Commissioners: Alderete, Turner (2) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) r~ APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ;~ ~ ~ f, ~ By: '~ ,~~,~ ~ ~ ~ . Benjami~Kaufman ~ Chief A~~istant City Attorney y Christopher eo Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2009-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 14, 2009. Date: ~ ~~ ~~/~ Secretary o e Plannin ommission • City of Santa Ana Resolution 2009-20 Page 2 of 15 Conditions for Approval for Site Plan Review No. 2009-03 Site Plan Review No. 2009-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this site plan review. The applicant must remain in compliance with all conditions listed below throughout the life of the site plan review. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. The project shall remain in compliance with Site Plan Review (DP No. 08-81) and the attached exhibits. 2. Any amendment to this site plan review must be submitted to the Planning • Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to issuance of a Certificate of Occupancy the applicant shall provide a Parking Management Plan documenting how the tandem valet parking will function. Included in this plan shall be a commitment on behalf of the hotel operator to offer valet parking service on a 24-hour basis to hotel guests. 4. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet CSL1.1. The exact specifications for these items are subject to the review and approval of the Planning Commission. 5. Prior to submittal to building plan check, required notations shall be added to the plan to address Fire Department comments from site plan review memorandum dated December 31, 2008. Exhibit A • Resolution 2009-20 Page 3 of 15 Mitigation Measures 6. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 7. The following items must be included as exterior amenities for the development: Enhanced paving in the motor court, enhanced paving on the walkways, and a pool and spa. The exact specifications for these items are subject to the review and approval of the Planning Manager. 8. Pedestrian walkways shall be provided through all lots to establish pedestrian pathways throughout the development as shown on the approved Pedestrian Master Plan. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting, and landscape planters as shown on the plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. The improvements must be completed prior to issuance of a certificate of occupancy for the hotel. 9. Signage to direct customers and guests to the adjacent parking structure shall be provided. A directional sign plan needs to be submitted and approved by the Planning Manager prior to issuance of a certificate of occupancy. • 10. Construction workers for the project shall be prohibited from parking in the adjacent neighborhoods. 11. Prior to issuance of building permits, the project developer shall ensure that the building plans reflect the following information: outdoor lighting fixtures adjacent to exterior doors and within walkways and parking lots shall generate a minimum 1.0 foot candle level of light during normal operation hours. During non-operating hours, outdoor lighting fixtures shall generate no less than .25 foot candle level of light. All lighting shall be directed towards the interior of the project site. 12. Prior to issuance of building permits, building plans for the proposed project shall reflect the use of non-reflective building materials to minimize light and glare impacts. 13. Prior to the issuance of building permits, a Final Landscape Plan for the project shall be approved by the City of Santa Ana Planning and Building Agency. The Final Landscape Plan shall be based on the conceptual landscape plan included in the EIR. 14. Prior to issuance of Certificate of Occupancy Permits, the required landscaping for each building component of the project shall be installed to the satisfaction of the City of Santa Ana Planning Department. Resolution 2009-20 Page 4 of 15 15. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that an FAA "No Hazard" determination has been secured. The project developer shall demonstrate compliance with any conditions imposed by the FAA. 16. During construction, the contractor shall be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: • All materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. • All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. • Internal roadways and project site entry and exit points shall be cleaned at the end of each day by the project developer. Dust and debris from construction activities that migrates or is carried onto MacArthur Boulevard or Main Street adjacent to the project site shall also be cleaned each day. • • All material transported off-site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. Haul trucks leaving the site shall have a minimum freeboard distance of 12 inches. • Construction equipment leaving the project site shall be wheel washed. • The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. • Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. • To the extent feasible, construction equipment shall use alternative clean fuels such as compressed natural gas equipment with oxidation catalysts. If alternative clean fuels are not feasible, gasoline powered construction equipment shall be used. • Construction equipment operating on diesel fuel shall use particulate filters or low sulfur diesel. • Resolution 2009-20 Page 5 of 15 • To the extent feasible construction operations shall use electricity from power poles in-lieu of temporary diesel or gasoline-powered generators. 17. Prior to commencement of construction activities, the project developer shall identify to the City a construction relations officer to act as a community liaison concerning on-site activity, including resolution of issues related to dust generation from grading/paving activities. A publicly visible sign shall be posted with the name of construction relations officer and a telephone number. 18. During finish work, the construction contractor shall ensure the minimization of ROG emissions. Building plans for the project shall specify and require the use of pre-coated building materials, use of high pressure-low volume (HPLV) paint applicators with 50 percent efficiency, and use of lower volatility paint not to exceed 100 grams of ROG per liter. 19. During construction and grading activities, the developer's construction contractor shall comply with the measures set forth in the Storm Water Pollution Prevention Plan (SWPPP) to ensure that airborne dust is kept to a minimum. • i x n f i t 20. Prior to issuance of build ng permits and to the a to t eas b e, building plans for the proposed project shall reflect the use of the following measures. • Use low-polluting high energy-efficient appliances. • Install solar panels on roofs to supply electricity for heating and cooling. • Use double-paned windows to reduce thermal loss. • Install automatic lighting on/off controls and energy-efficient lighting. • Use light colored roofing materials in new construction to deflect heat away from buildings. 21. During grading operations, special handling of on-site soils shall be required due to the high moisture content of the soils, which is well above optimum moisture conditions. The City of Santa Ana shall monitor the grading contractor to ensure stabilization • of the soils during grading prior to placing and compacting fill Resolution No. 2009-20 Page 6 of 15 soils over wet sub-grade soils, as recommended in the geotechnical investigation prepared by Geotechnical Professionals, Inc. 22. Prior to issuance of building permits, the project developer shall ensure that pile foundations are incorporated into the project design to mitigate the potential settlement hazards beneath the proposed buildings. Pile foundations shall be installed according to the recommendations provided in the project geotechnical report. 23. Prior to initiation of project grading, the project developer shall ensure that all existing utilities will be relocated, abandoned and removed, rerouted, or protected in coordination with the project developer and affected utility companies. 24. Prior to issuance of a grading permit for project construction, the project developer shall ensure that a Final Geotechnical Report on the project site is prepared. All recommendations from this Final Geotechnical Report shall be incorporated into the final grading plan for the project. 25. Prior to issuance of building permits, the project developer shall • ensure that all structures on the site are designed in accordance with the seismic design provisions set forth in the Final Geotechnical Report and the Uniform Building Code in order to promote safety in the event of a seismic event. 26. Prior to issuance of grading permits, the project developer shall determine and demonstrate to the City of Santa Ana that the foundation piles for the project would not intrude into the Orange County groundwater basin. In the event the foundations intrude into the groundwater basin, the project developer shall obtain approval and/or permits from the Orange County Water District and the Regional Water Quality Control Board. Any measures required by these agencies will be incorporated into the final design and construction specifications for the project. 27. Prior to issuance of grading permits, the project developer shall ensure that provisions set forth in the Final Geotechnical Report regarding dust control measures during site preparation, grading and construction are incorporated into the final construction specifications for the project. • eso ution o. - Page 7 of 15 28. Prior to issuance of grading permits, the project developer shall • provide proof to the City of Santa Ana of an NPDES permit from the RWQCB for on-site dewatering activities. 29. Prior to issuance of a grading permit for the project, the project developer shall prepare and submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB). The developer will also submit the NOI and the project Water Discharge identification Number (WDIN) provided by the SWRCB to the City of Santa Ana City Engineer. 30. During all site preparation, grading and construction, the project developer shall ensure that the project contractor complies with all applicable requirements of the NPDES permit, the Drainage Area Management Plan (DAMP), and the City's Local Implementation Plan (LIP). BMPs from the DAMP and the LIP will be implemented by the project contractors, as appropriate during site preparation, grading and construction. 31. Prior to issuance of a grading permit, the project developer shall prepare a Final Storm Water Pollution Prevention Plan (SWPPP). This plan shall be submitted and approved by the City Engineer prior to initiation of any grading activity. The • project shall maintain the SWPPP on the construction site throughout the construction period. 32. During all site preparation, grading and construction, the project developer shall ensure that its contractor implements the provisions of the SWPPP. 33. Prior to the issuance of grading permits, the project developer shall submit a Final Water Quality Management Plan (WQMP) based on the Final Grading Plan, to be approved by the City's Director of Public Works. The WQMP shall be consistent with the DAMP and shall contain provisions and BMPs for construction and operation conditions. 34. Prior to the issuance of building permits, the project developer shall pay the City's drainage impact fee. 35. Prior to the issuance of grading permits, the project developer shall verify that structural BMPs have been permanently incorporated into project plans. Such BMPs shall ensure that pollutants from project-related storm water runoff are mitigated consistently with applicable state and local standards. • Resolution No. 2009-20 Page 8 of 15 36. Prior to issuance of grading permits, the project developer shall • submit a final drainage plan to the City identifying the exact size and location of drainage facilities. 37. Prior to issuance of grading permits, the project developer shall provide proof of an NPDES permit from RWQCB to the City for onsite dewatering activities. 38. Prior to issuance of building permits, the project developer shall ensure that any restaurant is fitted with grease interceptors to the size and capacity as designated by the City of Santa Ana Building Division. 39. Prior to building occupancy, to the extent possible, all equipment shall be enclosed within a building or separate structure. Where this is not possible, barriers may be necessary to shield the equipment from the existing and proposed residential buildings. Depending on the size and style of the equipment, silencers in the intake and exhaust ducts may also be necessary to reduce noise at the residential buildings to an acceptable level. 40. Construction plans for the proposed project shall reflect the • following note: "During demolition and construction, the contractor shall adhere to all City Noise Ordinance requirements to limit all construction activity, including equipment start-up, to between the hours of 7:00 a.m. and 8:00 p.m. Mondays through Saturdays. No construction shall take place on Sundays or federal holidays. 41. During construction, the contractor shall site all construction staging and storage areas away from sensitive receptors to the furthest extent possible. 42. During construction activities, the project developer shall ensure that all pile driving equipment shall be enclosed on all sides with an acoustical blanket barrier that provides a minimum sound transmission class (STC) rating of 30. The height of the blanket enclosure shall be at least 20-feet. With the exception of points of access to the enclosure area, there shall be no openings or gaps in the enclosure, and all points of access are to remain closed during pile driving activities. Notwithstanding Mitigation Measure No. 67, pile driving shall not commence prior to 8:00 a.m. on Saturday. • Resolution No. 2009-20 Page 9 of 15 43. Prior to issuance of grading permits, the project developer shall . submit a construction equipment staging plan to the City of Santa Ana for approval. 44. Prior to the start of construction activity, the project developer shall post the name and telephone number of the construction relations officer on-site. 45. Prior to any site preparation, grading or construction, the project contractor shall provide to resident associations in the Sandpointe neighborhood, the Main Attraction Condominiums and the Pinnacle Apartments a project schedule indicating the type of construction activity and duration, construction staging areas and the name and telephone number of the construction relations officer. 46. Prior to issuance of a building permit, the project developer shall coordinate any required relocation of fire hydrants on the property with Santa Ana Fire Department. Final approval from the Fire Department is required regarding location of hydrants on the project site. 47. Prior to issuance of a grading permit, the project developer shall submit building plans to the Santa Ana Police Department in order to ensure compliance with the City of Santa Ana's Building Security Ordinance. The Police Department must approve the building plans with regard to the Building Security Ordinance prior to initiation of grading. 48. Prior to issuance of a building permit, the project developer shall prepare a Mandated Security Plan, which would need final Police department approval. The plan is required to address issues such as onsite uniform security staffing, restriction of hours of operation for the parking garages, implementation of electronic security, mechanical surveillance, and compliance with the basic principles of Crime Prevention Through Environmental Design. 49. Prior to issuance of a building permit, the project developer shall comply with Senate Bill 50 and pay applicable school impact fees. Currently, the Santa Ana Unified School District's adopted Fee Justification for residential development is $2.14 per square foot and $0.33 per square foot for commercial development. 50. Prior to issuance of a building permit, the project developer shall ensure that the appropriate park Acquisition and Development Resolution No. 2009-20 Page 10 of 15 Fee and parkland dedication or in-lieu payments have been made. 51. Prior to issuance of building permits, the project developer shall submit a Construction Plan to Santa Ana Fire Department. The plan must be consistent with the Fire Department Fire Code requirements and must show that emergency access to the construction site is adequate. 52. Prior to issuance of building permits, the project developer shall provide evidence to the Santa Ana Fire Department that the proposed fire protection and life saving systems incorporated in the project are adequate. 53. Prior to issuance of building permits, the project developer shall submit the final design of the project, including fire sprinklers system design to the Santa Ana Fire Department for approval. 54. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping of the outside southbound through lane at the intersection of Main Street and Sunflower to a shared through and right turn lane. 55. Prior to issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the restriping the shared through right-turn lane at Hutton Centre Drive and MacArthur Boulevard to provide an exclusive through lane and construct a second northbound right turn lane for the northbound traffic. 56. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a third eastbound through lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 northbound on-ramp. 57. Prior to the issuance of building occupancy permits, the project developer in cooperation with the City of Santa Ana, shall provide for the installation of a traffic signal at Hutton Centre Drive and Hutton Centre Loop. 58. Prior to issuance of building occupancy permits, the project developer shall pay for the construction of a fourth eastbound lane on MacArthur Boulevard between Hutton Centre Drive/Imperial Promenade and the SR-55 southbound on-ramp. • Resolution No. 2009-20 Page 11 of 15 59. Prior to issuance of building occupancy permits, the project • developer shall contribute $200,000 for the City of Santa Ana to prepare a neighborhood traffic study to assess any intrusion of project traffic into the Sandpointe Neighborhood. If traffic intrusion is attributable to the project, corrective measures could include forced-turn channelization, semi-diverters, diagonal diverters and cul-de-sacs. 60. Prior to issuance of building occupancy permits, the project developer shall develop a parking plan in cooperation with the City of Santa Ana to ensure that parking needs are met. 61. Prior to issuance of building occupancy permits the project developer shall pay afair-share contribution for restriping a second eastbound right-turn lane at the intersection of Main Street and Sunflower in order to achieve LOS D for 2025. 62. Prior to issuance of grading permits, the project developer shall coordinate with SCE to determine the exact location of all underground and overhead electrical facilities. All electrical facilities and associated structures to be left on the project site shall be protected from damage. • 63. Prior to issuance of grading permits, the project developer shall ensure that grading plans reflect the under grounding of utility lines serving the proposed project. 64. Prior to issuance of grading permits, the project developer shall coordinate with Southern California Gas to determine the exact location of all underground natural gas facilities. All gas pipelines and associated structures to be left on the project site must be protected from damage. 65. Prior to issuance of grading permits, the project developer shall coordinate with Adelphia Communications to determine the exact location of all underground cable facilities. The developer shall protect all existing cable lines and associated structures to be left on the project site for damage. 66. Prior to issuance of grading permits, the project developer shall coordinate with SBC Communications (formerly Pacific Bell) to determine the exact location of all underground telephone facilities. The developer shall protect all existing telephone lines and associated structures to be left on the project site from damage. • Resolution No. 2009-20 Page 12 of 15 67. Prior to issuance of grading permits, the project developer shall • demonstrate to the City of Santa Ana that construction-related waste generated on-site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial uses shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project. 68. Prior to issuance of grading permits, the project developer shall coordinate with the Santa Ana Water Division to determine the exact location of all existing underground water supply facilities and take action to prevent damage to these facilities to be left on the project site or interfere with their operation. The project developer shall pay their fair share amount for the necessary facilities to accommodate project-related water supplies. 69. Prior to issuance of building permits, the existing eight-inch sewer line along Hutton Centre Drive north of Sandpointe Avenue, shall be replaced with a new 10-inch sewer line. 70. Prior to issuance of grading permits, the project developer shall coordinate with Waste Management on the type and location of facilities needed to provide solid waste disposal service to the • project site. 71. Prior to issuance of grading permits, the project developer shall perform soil testing to determine is soil to be excavated from the site will require off-site disposal. If the soil is found to be contaminated, it will be properly disposed of in compliance with California environmental laws, regulations and policies. 72. During the design and construction, the project developer shall incorporate features in to the project that will minimize impacts from greenhouse gas emissions such as planting onsite trees as a means of providing carbon storage, promoting energy saving measures beyond Title 24 requirements and encouraging the use of Energy Star equipment and appliances. 73. Prior to the issuance of a building permit, the project developer shall provide evidence to the Planning Manager that the FAA Determination of No Hazard to Air Navigation has been obtained for the relocated Cinema Tower. The project developer shall demonstrate compliance with any conditions imposed by the FAA in their determination. • Resolution No. 2009-20 Page 13 of 15 74. During operation of the hotel, the project developer shall ensure • that truck deliveries to the hotel shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. Delivery trucks shall not be permitted to idle in the parking lots or loading areas and shall be required to have properly maintained, factory-approved mufflers. Delivery truck drivers shall be encouraged to minimize acceleration and maintain reduced vehicle speeds while on-site. 75. During project construction for the hotel, the project contractor shall verify that structural designs and acoustical baffling are implemented to reduce noise levels form mechanical equipment (ventilation fans, air conditioning and refrigeration units and their associated inlet and exhaust systems) to a level that complies with the City's Municipal Code noise ordinance standards. 76. Prior to issuance of building permits, the project developer shall ensure that the building plans for the hotel shall incorporate facilities for collection and pick-up of recyclable materials. B. Police Department 1. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of • the projects security including security personnel, surveillance equipment, and hardware. The project will be required to have a minimum of four state licensed uniformed security personnel. One security officer will be required for each building, one for the podium level and one for the parking garage. 2. All project walkways shall be illuminated to a minimum maintained one footcandle of light. 3. Existing surface parking lot must conform to the provisions of Chapter 8, Article II Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. • Resolution No. 2009-20 Page 14 of 15 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2"d Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2009-20 (Site Plan Review No. 2009-~ in this action by placing a true copy t ereo enc~ose~c in sea a enve opes a dressed as follows: Rob Eres Nexus Companies 1 MacArthur Place, Suite 300 Santa Ana, CA 92707 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 12, 2010 at Santa Ana, California. .. MARTHA R Resolution No. 2009-20 Page 15 of 15