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HomeMy WebLinkAbout2001-34 RESOLUTION NO. 01-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2001-20 AND VARIANCE N0. 2001-05 TO PERMIT A HOTEL AT 10 EAST HUTTON CENTER DRIVE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission does hereby find, determine and declare as follows: A. Conditional Use Permit No. 2001-20 has been filed with the City of Santa Ana seeking to allow a hotel to be located at 10 East Hutton Center Drive, in the City of Santa Ana, as a conditional use. B. Variance No. 2001-05 has also been filed to allow relief from the City's parking standards and to allow a shared parking arrangement for the hotel use. • C. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant conditional use permits and variances upon making certain findings. D. The Planning Commission held a duly noticed public hearing on July 9, 2001, for Conditional Use Permit No. 2001-20 and Variance No. 2001-05. E. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 00-177 has been prepared for the Project. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 00-177 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse efFect on the environment. -The Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. • RESOLUTION NO. 01-34 Page 2 • Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission approves Condi#ional Use Permit No. 2001-20 as conditioned in Exhibit "A" attached hereto and incorporated herein. ~~ ~~ Section 4. The Planning Commission makes and adopts the written findings of fact attached hereto as Exhibit "B" and incorporated herein, in rendering its decision to approve Conditional Use Permit No. 2001-20. Section 5. The Planning Commission approves Variance No. 2001-05 as conditioned in Exhibit "C" attached hereto and incorporated herein. Section 6. The Planning Commission makes and adopts the written findings of fact attached hereto as Exhibit "D" and incorporated herein, in rendering its decision to approve Variance No. 2001-05. ADOPTED this 9th AYES: NOES: day of July, 2001 by the following vote: Commissioners: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: • ATTEST: ra Jo ecreta t the Planning Commission APPROVED AS TO FORM: Christopher G. Norman Assistant City Attorney Cribb, Doughty, Leo, Mondo, Nalle (5) None (0) Richardson, Verino (2) None (0) Mondo • EXHIBIT "A" CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2001-20 Conditional Use Permit No. 01-20 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 Conditional Use Permit. A. Planning Division The business must remain a bona fide transient lodging facility and shall not operate as a long-term stay or residential hotel. 2. Comply with the conditions and requirements of DP No. 99-059 and the staff report exhibits. 3. Cooperate with the local neighborhood association's development impact reduction program by contributing $0.59 per square foot of gross floor area to the Sandpointe Neighborhood Plan. • 4. The retail over flow parking area to the north and the hotel parking area shall maintain an open two-way drive aisle between them. Should the City determine within 60 months of operation of the hotel that a traffic circulation problem is being created by the volume of left turn movements from Hutton Centre Drive onto the loop road in order to access the hotel, the City shall install a vehicle restraint system to limit access between the two sites to one- way northbound from the hotel into the overFlow parking area. Therefore, prior to the issuance of building permits, record a License and Right of Entry agreement to permit access and installation of the restraint device. 5. There shall be no more than 164 rooms ("keys") in the hotel. 6. The hotel shall maintain a series of international flags mounted on the front elevation per an approved plan. 7. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 8. The hotel will remove graffiti occurring on the property within 48 hours. • • 9. All new trees in the required front landscape setback abutting streets shall be 24-inch box size or larger. 10. After project occupancy, landscaping is to be maintained to include the minimum levels of plant materials to be installed at the time of occupancy. 11. Public payphones, if provided, may only be located within buildings. 12. Incorporate the 4 foot wide walkway with the adjacent parking lot planters to create an enhanced path of travel from the front door to Hutton Centre Drive utilizing enhanced paving, planters and tree wells. 13. Utilize a combination of 12-foot high ceilings and drop down soffits to create a strong sense of arrival and hierarchy of space in the hotel lobby and larger conference spaces. 14. A food service area shall be maintained within the hotel. 15. Each room shall be pre-wired for telephone, cable television and Internet access. 16. There shall be no increase of restaurant or coffee house area in 2 Hutton Centre above that indicated in the Linscott, Law, and Greenspan shared . parking study dated October 23, 2000. (Modified by Planning Commission July 9, 2001.) 17. Prior to issuance of building.. permits, Transwestem shall provide, and staff shall analyze, the recorded parking agreement binding on Doubletree Club Hotel and Transwestern, and staff shall return to Planning Commission for reconsideration should the analysis find a shortage of parking related to the short or long. tem7 relocation of Doubletree parkir-g in Hutton Centre. (Modified by Planning Commission July 9, 2001.) B. Police Department 1. The buildings and parking lot lighting must conform to the provisions of Chapter Eight, Article II, Division Three of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices, and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Mitigation Measures • • The following mitigation measures have been identified in Mitigated Negative Declaration ER No. 2000-177 necessary to mitigate the potential environmental impacts of the project to levels of insignificance: 1. Outdoor lighting shall be designed and installed so that all direct rays are confined to the site and adjacent properties are protected from glare. 2. Grading plans for the proposed project shall reflect the following notes; a. All material excavated or graded will 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. b. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. c. Streets surrounding the project site should be cleaned at the end of each day of construction. C~ d. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. e. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. f. To the extent feasible equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. g. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. • 3. In the event unknown cultural resources are encountered, all earthwork activities in the area of the finding shall halt and the City of Santa Ana Environmental Coordinator shall be contacted for appropriate action. 4. Prior to the issuance of a grading permit the applicant shall submit for review and approval a surface drainage/grading plan/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to adjacent streets. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. • 5. Prior to the issuance of building permits the proposed project shall submit proof that they have coordination with Orange County Airport Land Use Commission. 6. Prior to the issuance of a grading permit, the project applicant shall prepare an NPDES post-construction storm water management plan, per Orange County Drainage Area Management that includes all Structural and Non-Structural Best Management Practices for the proposed project. 7. The proposed project shall comply with the State of California Noise Insulation Standards. The code requires that interior community noise levels with windows closed, attributable to exterior sources shall not exceed a 45 dB CNEL in any habitable room. 8. Prior to issuance of building permits the applicant shall prepare an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering. The report shall show topographical relationship of noise sources and dwelling site, identification of noise sources and their characteristics, predicted noise spectra at the exterior of the proposed dwelling structure considering present and future land usage basis for the prediction, noise attenuation measures to be applied, and an analysis of the noise insulation • effectiveness of the proposed construction showing that the prescribed interior noise level requirements are met. If interior allowable noise levels are met by requiring that windows be unopened or closed, the design for the structure must also specify the means that will be employed to provide ventilation and cooling if necessary, to provide a habitable interior environment. 9. Grading and Building Plans for the proposed project shall specify that construction activities shall be limited to the hours of 7 AM to 8 PM Monday through Saturday, and not permitted on Sundays or federal holidays. No construction activity may occur on Saturdays prior to 8 a.m. (Modified by Planning Commission July 9, 2001.) 10. Prior to issuance of applications for water and fire services the proposed project shall arrange for installation of any new, or relocation or upgrading of any existing, fire protection facilities as required by the Santa Ana Fire Department. These facilities shall be installed in conformance with City Standards and approved plans by the Public Works Agency at the developer's expense. 11. Prior to turning on water meters and/or fire services the proposed project shall arrange for installation, testing, and certification of all needed • backflow protection devices. • 12. As part of the development for 2 Hutton Centre, the project applicant shall dedicate 12' of frontage on northbound Hutton Centre Drive between Hutton Centre Loop road and MacArthur Boulevard prior to the issuance of building permits. 13. Prior to issuance of building permits for the 10 Hutton Centre development, the project applicant shall construct the northbound approach of Hutton Centre Drive between Hutton Centre Loop Road and MacArthur Boulevard. The project shall also relocate traffic signal at MacArthur and Hutton Centre. 14. Prior to issuance of building permit for the 10 Hutton Centre development, the project applicant shall dedicate land for street widening along Main Street south of MacArthur Boulevard. The City of Santa Ana shall construct the northbound right-turn lane, the signal modifications, as well as other improvements at the Main Street/MacArthur Boulevard intersection. 15. Prior to issuance of first permit associated with change in land use for the 9 Hutton Centre site, the project applicant shall dedicate land for street widening on eastbound MacArthur Boulevard (south side) along the 1 Hutton Centre site. If development of the 1 Hutton Centre site • precedes redevelopment of the 9 Hutton Centre site, the project applicant for 1 Hutton Centre shall be required to dedicate the land needed for street widening (1 Hutton Centre fronts on Mac Arthur between main Street and Hutton Centre Drive), and will be required to construct the improvements along the entire 1 Hutton Centre frontage. 16. Prior to issuance of building permit for first building to be developed within 1 Hutton Centre, the project applicant shall dedicate land for street widening on eastbound MacArthur (south side) along Site 1 frontage between Main Street and the westerly property line of 9 Hutton Centre site. The project applicant shall also construct improvements from Main Street to Hutton Centre Drive. 17. As part of the development of 1 Hutton Center, the project applicant shall construct curb and driveway on the south side of MacArthur Boulevard, between Main Street and Hutton Centre Drive. 18. Recycling bins for glass, metals, paper, wood, plastic, green waste and cardboard shall be placed on the construction sites for use by construction workers. CJ • EXHIBIT "B" FINDINGS OF FACT FOR CONDITIONAL USE PERMIT NO. 2001-20 A. That the granting of a Conditional Use Permit is necessary for the preservation and enjoyment of one or more substantial property rights; The proposed hotel, as conditioned, provides community service. Conditions of approval have been developed in order to mitigate potential impacts of the hotel on this site. These include the ensuring shared parking occurs and the upgrading of landscaping on the site to exceed the square footage required by development standards. The proposed Marriott Springhill Suites will provide quality accommodations and meeting space for its market niche. It will service both the commercial and residential communities of Santa Ana. The hotel will compliment the existing offices and support commercial in the area.. B. That the granting of a Conditional Use Permit will not be materially detrimental to the public welfare or injurious to surrounding property; The hotel, as conditioned, will not impact or be detrimental to the overall site or neighborhood. Site improvements will be made to enhance the • site and mitigate circulation impacts on-site and in the neighborhood, parking adequacy, safety issues, noise impacts and design concerns. The surrounding properties are mixed use commercial activities in a district center setting. C. Will the proposed use adversely affect the present economic stability or future economic development of property in the surrounding area? The proposed hotel should not adversely affect the present and future economic stability of property in the surrounding area. The hotel and its design, as conditioned, provide visual improvement to the area. The economic viability of the area should not be decreased. As conditioned, the project should not have any impacts on the economics of the area. The hotel is anticipated to draw from the airport and surrounding office communities while providing an anchor for support retail in the area. This new facility will provide a favorable economic and synergistic boost to the growth of the Mac Arthur Place District Center, which includes Hutton Center. D. Will the proposed hotel comply with the regulations and conditions specified in the Santa Ana Municipal Code Section 41-41.5 for such a use? • • As conditioned and with Variance No. 01-05 for shared parking with a parking reduction, the proposed facility complies with the zoning code, and design standards for such uses. E. Will the proposed use adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use? The hotel at this location is consistent with the General Plan. The proposed activities on the site and zoning are consistent with the General Plan of Santa Ana. • • u EXHIBIT "C" CONDITIONS OF APPROVAL FOR VARIANCE NO. 2001-05 Variance No. 01-05 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 rid or to exercising the rights conferred by this Variance. A. Planninu Division 1. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. 2. Comply with the conditions and requirements of DP No. 99-059 and the staff report exhibits. • 3. There shall be no more than 164 rooms ("keys") in the hotel. 4. There shall be a minimum of 253 parking spaces maintained on 2, 10, and the common over flow parking lot for the use of the hotel and retail project, consistent with the Linscott, Law, and Greenspan Parking Study dated October 23, 2000. 5. The hotel shall remove any graffiti occurring on the property within 48 hours. 6. The use of the property is limited to a hotel and related business activities. 7. After project occupancy, landscaping is to be maintained to include the minimum levels of plant materials installed at the time of occupancy. 8. Public payphones, if provided, may only be located within buildings. 9. All new trees in the required front landscape setback abutting streets, along entry drive aisles and lining the play field shall be 24-inch box size or larger. 10. The following parking lot landscaping shall be maintained as tradeoffs for a reduction in the number of parking lot planters: a. Tree wells shall be placed in the parking lot areas so as to not . conflict with playground activities. i b. The play field shall be lined with a hedgerow of trees abutting the parking lot. c. The entry driveway from McFadden Avenue shall include enhanced landscaping with 24-inch box trees. 11. There shall be no increase of restaurant or coffee house area in 2 Hutton Centre above that indicated in the Linscott, Law, and Greenspan shared parking study dated October 23, 2000. (Modified by Planning Commission July 9, 2001.) 12. Prior to issuance of building permits, Transwestern shall provide, and staff shall analyze, the recorded parking agreement binding on Doubletree Club Hotel and Transwestern, and staff shall return to Planning Commission for reconsideration should the analysis find a shortage of parking related to the short or long term relocation of Doubletree parking in Hutton Centre. (Modified by Planning Commission July 9, 2001.) B. Police Department 1. The buildings and parking lot lighting must conform to the provisions of • Chapter Eight, Article II, Division Three of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices, and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. ~~ U C. Mitigation Measures The following mitigation measures have been identified in Mitigated Negative Declaration ER No. 2000-177 necessary to mitigate the potential environmental impacts of the project to levels of insignificance: 1. Outdoor lighting shall be designed and installed so that all direct rays are confined to the site and adjacent properties are protected from glare. 2. Grading plans for the proposed project shall reflect the following notes; a. All material excavated or graded will 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. b. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. • c. Streets surrounding the project site should be cleaned at the end of each day of construction. d. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. e. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. f. To the extent feasible equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. g. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. 3. In the event unknown cultural resources are encountered, all earthwork activities in the area of the finding shall halt and the City of Santa Ana Environmental Coordinator shall be contacted for appropriate action. C~ 4. Prior to the issuance of a grading permit the applicant shall submit for review and approval a surface drainage/grading plan/erosion control plan, prepared by a registered Civil Engineer, showing the direction and means of flow to adjacent streets. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage • routed to the street must be directed beneath the sidewalk and through the curb. 5. Prior to the issuance of building permits the proposed project shall submit proof that they have coordination with Orange County Airport Land Use Commission. 6. Prior to the issuance of a grading permit, the project applicant shall prepare an NPDES post-construction storm water management plan, per Orange County Drainage Area Management that includes all Structural and Non-Structural Best Management Practices for the proposed project. 7. The proposed project shall comply with the State of California Noise Insulation Standards. The code requires that interior community noise levels with windows closed, attributable to exterior sources shall not exceed a 45 dB CNEL in any habitable room. 8. Prior to issuance of building permits the applicant shall prepare an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering. The report shall show topographical relationship of noise sources and dwelling site, identification of noise sources and their characteristics, predicted noise • spectra at the exterior of the proposed dwelling structure considering present and future land usage basis for the prediction, noise attenuation measures to be applied, and an analysis of the noise insulation effectiveness of the proposed construction showing that the prescribed interior noise level requirements are met. If interior allowable noise levels are met by requiring that windows be unopened or closed, the design for the structure must also specify the means that will be employed to provide ventilation and cooling if necessary, to provide a habitable interior environment. 9. Grading and Building Plans for the proposed project shall specify that construction activities shall be limited to the hours of 7 AM to 8 PM Monday through Saturday, and not permitted on Sundays or federal holidays. No construction activity may occur on Saturdays prior to 8 a.m. (Modified by Planning Commission July 9, 2001.) 10. Prior to issuance of applications for water and fire services the proposed project shall arrange for installation of any new, or relocation or upgrading of any existing, fire protection facilities as required by the Santa Ana Fire Department. These facilities shall be installed in conformance with City Standards and approved plans by the Public Works Agency at the developer's expense. • 11. Prior to turning on water meters and/or fire services the proposed project shall arrange for installation, testing, and certification of all needed backflow protection devices. 12. As part of the development for 2 Hutton Centre, the project applicant shall dedicate 12' of frontage on northbound Hutton Centre Drive between Hutton Centre Loop road and MacArthur Boulevard prior to the issuance of building permits. 13. Prior to issuance of building permits for the 10 Hutton Centre development, the project applicant shall construct the northbound approach of Hutton Centre Drive between Hutton Centre Loop Road and MacArthur Boulevard. The project shall also relocate traffic signal at MacArthur and Hutton Centre. 14. Prior to issuance of building permit for the 10 Hutton Centre development, the project applicant shall dedicate land for street widening along Main Street south of MacArthur Boulevard. The City of Santa Ana shall construct the northbound right-turn lane, the signal modifications, as well as other improvements at the Main Street/MacArthur Boulevard intersection. 15. Prior to issuance of first permit associated with change in land use for 9 • Hutton Centre, the project applicant shall dedicate land for street widening on eastbound MacArthur Boulevard (south side) along the 1 Hutton Centre site. If development of the 1 Hutton Centre site precedes redevelopment of the 9 Hutton Centre site, the project applicant for 1 Hutton Centre shall be required to dedicate the land needed for street widening (1 Hutton Centre fronts on Mac Arthur between main Street and Hutton Centre Drive), and will be required to construct the improvements along the entire 1 Hutton Centre frontage. 16. Prior to issuance of building permit for first building to be developed within 1 Hutton Centre, the project applicant shall dedicate land for street widening on eastbound MacArthur (south side) along Site 1 frontage between Main Street and the westerly property line of 9 Hutton Centre. The project applicant shall also construct improvements from Main Street to Hutton Centre Drive. 17. As part of the development of 1 Hutton Centre, the project applicant shall construct curb and driveway on the south side of MacArthur Boulevard, between Main Street and Hutton Centre Drive. 18. Recycling bins for glass, metals, paper, wood, plastic, green waste and cardboard shall be placed on the construction sites for use by • construction workers. EXHIBIT "D" FINDINGS OF FACT FOR VARIANCE NO. 2001-05 A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; The Marriott Springhill Suites in Hutton Centre site is a contained site within the General Plan district center. The area was originally developed as a mixed-use regional activity center. The location of the project in a district center makes it appropriate to consider shared parking and empirical parking generation ratios for this particular use in order to facilitate the goals and objectives of the district center. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; The project fulfills the original mixed-use plan concept envisioned for the area. The use of the shared parking concept is consistent with the City's policy directive for mixed-use district center development areas. Shared parking is the use of parking by two or more uses without conflict or encroachment. Given that retail, restaurant, and hotel uses have inherent different peak demand, it is appropriate to apply this analysis. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; The proposed hotel should not adversely affect the present and future economic stability of property in the surrounding area. The hotel and its design will provide visual improvement to the area. As conditioned, the project should not have any impacts on the economics of the area. D. That the granting of a variance will not adversely affect the General Plan of the City; The granting of a reduction in the parking ratio for use in the shared parking analysis is consistent with the goals and objectives of the City's circulation and land use elements of the General Plan. •