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HomeMy WebLinkAbout2018-013 - Conditional Use Permit No. 2017-29RESOLUTION NO. 2018-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-29 AS CONDITIONED TO ALLOW DEVELOPMENT OF A HAMPTON INN HOTEL LOCATED AT 2129 NORTH MAIN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Net Development Company, hereinafter referred to as "Applicant," is requesting approval of Conditional Use Permit No. 2017-29 as conditioned, to allow the construction of a six -story 73,322 square foot 135 -room hotel and restaurant on 1.9 acres at 2129 North Main Street. B. Santa Ana Municipal Code Section 41-375.2 requires approval of a conditional use permit for a hotel within the Community Commercial -Museum District (C1 -MD) zoning district. C. On December 11, 2017, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2017-29. At the December 11, 2017 Planning Commission meeting the Commission continued the item to the January 22, 2018 Planning Commission meeting and asked for more information on the impacts of displaced parking, the southbound Main Street left turn movement into the property and review of the security measures. D. On January 22, 2018, the Planning Commission discussed the project and made a motion which resulted in a 3:3 vote. In the case of an impasse, pursuant to the Planning Commission Bylaws, the Applicant was offered the option of either continuing the item to a later date for further consideration by the Commission or denial without prejudice to allow the Applicant to appeal the decision to the City Council. The Applicant requested that the item be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. E. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established to allow the hotel use: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. Resolution No. 2018-013 Page 1 of 7 The proposed Hampton Inn hotel will provide a service to the community by providing an upper-midscale lodging option in the northern section of the City. The hotel will support the Museum District and the commercial uses in the area by providing lodging opportunities to those visiting and working in the area. In addition, the hotel will provide employment opportunities to residents that live in the City. The site plan was designed to minimize impacts to the surrounding neighborhood by placing the commercial buildings along Main Street away from the professional and residential uses, allowing for paid parking and eliminating the driveway on Bush Street (emergency vehicles only) to reduce the amount of traffic that currently uses Bush Street and the parking lot to cut -through to Main Street. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed Hampton Inn hotel will not be detrimental to persons residing or working in the area. Conditions of approval and a Mitigation Monitoring and Reporting Program have been incorporated to minimize potential adverse impacts from the hotel project. The project will comply with the California Building Code, and Orange County Public Health Agency regulations. In addition, mitigation measures include submittal of a soils management plan, asbestos survey and abatement, lead survey and abatement, compliance with noise regulations, and street improvements. 3. That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area. The proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area. The parking lot is under-utilized, with development of the site bringing visitors to the City that may shop and dine at local businesses and therefore, contribute to economic development of the area. The hotel will be subject to the City's Hotel Visitors' Tax ordinance contributing to City revenues and will reduce the operating expenses the City used to maintain the public parking lot. The project will provide lodging opportunities for visitors to City attractions such as the Bowers Museum, Kidseum, the Discovery Cube Orange County, to those visiting nearby hospitals in Orange including the Children's Hospital Orange County (CHOC) and St. Joseph Health and for residents and businesses in the City, thereby reinforcing the image of Santa Ana within Orange County. Resolution No. 2018-013 Page 2 of 7 4. That the proposed use will comply with the regulations and conditions specified in this chapter for such use. The proposed project will comply with the regulations and conditions of Chapter 41 of the Santa Ana Municipal Code with the exception of the proposed variances. The project is also in compliance with the City's Hotel and Motel Standards with the exception of building landscaping, widths of pedestrian walkways and the size of the conference room. 5. That the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. The Hampton Inn by Hilton hotel will support several goals and policies of the General Plan, including Goals 2 and 3 of the Economic Development Element to maintain and enhance the diversity of the City's economic base and increase Santa Ana's share of the regional economy. The hotel will increase Santa Ana's contribution to the hospitality and tourism sector of the regional economy and will be subject to the City's Hotel Visitors' Tax, generating revenue for the City. The project also supports, Goals 1, 2 and 4 of the Land Use Element to encourage uses that promote a balance of land uses that address basic community needs, promote land uses which enhance the City's economic and fiscal viability and to protect and enhance development sites and districts which are unique community assets that enhance the quality of life. The site is located off an arterial street and is easily accessible from the 1-5 Freeway making it a prominent building within Santa Ana. The development will rehabilitate a property that is underutilized and will increase capital investment. Two historic structures, the MacFarlane and Melton Houses, will be retained and reused as a restaurant. In addition, the hotel is in character with the Museum District, an office and cultural center that promotes visitors from outside of Santa Ana. Conditions of approval will also ensure that the project remains compatible with surrounding land uses. F. Mitigated Negative Declaration (Environmental Review No. 2017-96) and a Mitigation Monitoring and Reporting Program was prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2017-96 meets all the requirements of CEQA. Resolution No. 2018-013 Page 3 of 7 Section 2. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-29 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2129 North Main Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated February 20, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 20th day of February, 2018. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2018-013 Page 4 of 7 Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) Tinaiero (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-013 to be the original resolution adopted by the City Council of the City of Santa Ana on February 20, 2018. Date: i/ /i? Avvx'-'. Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2018-013 Page 5 of 7 EXHIBIT A Conditions for Approval for Conditional Use Permit No. 2017-29 Conditional Use Permit No. 2017-29 for a hotel located at 2129 North Main Street 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 California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this site plan review and conditional use permit. I. 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. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 07) and the staff report exhibits. 2. Conditional Use Permit No. 2017-29 shall not be effective until the Historic Resources Commission reviews the exterior modifications to the historic structures and relocation of the historic structure at a public hearing and issues a certificate of appropriateness. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied then this Conditional Use Permit shall be null and void and have no further force and effect. 3. The Applicant shall comply with the Mitigation Measures within the Mitigation Monitoring and Reporting Program prepared for the project. 4. Any amendment to this conditional use permit 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. 5. Prior to the issuance of a building permit a lot merger shall be recorded. 6. Prior to the issuance of a building permit a Public Art Plan must be submitted to the Planning Division for review and approval. Prior to the issuance of a building permit, a landscape plan including shrubs that are planted along the perimeter wall facing Bush Street and irrigation is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 8. Prior to the issuance of a certificate of occupancy the Applicant shall provide a Parking Management Plan. Included in this plan shall be a commitment on behalf of the hotel operator to provide parking at a paid rate to hotel, restaurant and public patrons. Resolution No. 2018-013 Page 6 of 7 II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on your submitted set of plans. III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. Record an easement for a public vehicular turn -around area at the end of the public alley. The turn -around area will be maintained by the Developer. 2. Provide a letter of acknowledgement and approval from adjacent property owner for the removal of the northerly driveway at 2101 North Main Street. 3. Depict and note on utility plan the relocation of the water meter and vault that is being proposed within the new 20 -feet wide public utility easement. Place it within a new pop -out utility easement area of adequate size, adjacent to the proposed 20 - feet utility easement, preferably in an elevated and protected area. 4. Depict and note on utility plan 10 -feet long water pipe encasement for a portion of the new 12 -inch public water main that will be underneath the new brick wall that surrounds the cul-de-sac (5 -feet on each side of the new brick wall), per City Standard No. 1429. 5. Depict and note on utility plan the construction of a new 8 -inch City public sewer main, to connect the new City manhole (at 404 -feet south of centerline of Buffalo Avenue) to the existing Orange County Sanitation Districts (OCSD) manhole, located at approximately 409 -feet south of Centerline of Buffalo Avenue, per OCSD Standards. 6. Record an agreement with the City for access through the site from the northern terminus of the alley to Main Street for emergencies, trash and utility trucks, and City maintenance vehicles. 7. Provide restriping, curb marking and signage to allow parallel street parking adjacent to the south curb of Buffalo Avenue between Broadway and Main Street. Resolution No. 2018-013 Page 7 of 7