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HomeMy WebLinkAboutRESO 2020-30_201 W THIRD STREETResolution No. 2020-30 Page 1 of 8 RESOLUTION NO. 2020-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2020-05 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A TEN-STORY, 63,069 SQUARE- FOOT, 75 ROOM HOTEL WITH A 46-PERCENT REDUCTION OF REQUIRED OFF-STREET PARKING FOR THE HOTEL PROJECT LOCATED AT 201 WEST THIRD 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. Michael Harrah, representing Caribou Industries Inc. (hereinafter referred to as “Applicant”), is requesting approval of Variance No. 2020-05 as conditioned, to allow the construction of a ten-story, 63,069 square foot, 75-room hotel with 83 parking spaces at 201 West Third Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, the Planning Commission is authorized to review and approve variances for this project to allow a reduction in required off-street parking and deviations to access requirements as set forth by the Santa Ana Municipal Code. Granting the variance would allow for use of the Santa Ana Municipal Code Section 41-1433 (hotel off-street parking standards) and use of mechanical stackers. C. On September 28, 2020, the Planning Commission of the City of Santa Ana held a duly noticed public hearing regarding Variance No. 2020-05 at that time considered all testimony, written and oral. D. Sections 41-2007 and 41-593.5 of the Santa Ana Municipal Code (SAMC) requires a review by the Planning Commission of all plans for developments of over four stories within the Transit Zoning Code (Specific Development No. 84) to ensure the project is in conformity with the overlay zone plan. E. The zoning designation for the subject property is Specific Development No. 84, Downtown sub-zone. F. The Planning Commission determines that pursuant to SAMC Sections 41-2007 and 41-593.5, the hotel project is in compliance with all Resolution No. 2020-30 Page 2 of 8 applicable development standards outlined within the Specific Development (SD No. 84/Transit Zoning Code). G. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Variance No. 2020-05, have been established as required by SAMC Section 41-638: 1.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 project site has a special circumstance related to its topography, location and surroundings. The subject site and below grade level of the parking structure has a history of flooding due to the site’s topography. If the applicant were to construct additional levels of below grade parking potential risks of flooding and drainage issues may exist or require extensive engineering. The development site is an existing 1.41-acre parcel bound by existing buildings to the east and bound by streets and an alley to the north, south and west which limits construction opportunities for traditional parking spaces, lots or structures. The project is located within the Transit Zoning Code Downtown zone and is 0.15 miles of the OCTA bus routes 53/53x stop at Main Street and Fourth Street, route 55 stop at Main Street and First Street and route 64/64x stop at Main Street and First Street . The OC Streetcar (under construction and planned to be operational in 2022) stop is planned at Fourth Street between Broadway and Sycamore Street which is one block from the subject site. The project’s location and surroundings support a reduction in off-street parking as it is within a mixed-use environment with a variety of transit opportunities within walking distance of the project. Application of the Transit Zoning Code Section 2011(d) parking standard would deprive the Downtown hotel of privileges provided to hotels that are not within the Transit Zoning Code and are prescribed the Santa Ana Municipal Code Section 41-1344. 2.That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Resolution No. 2020-30 Page 3 of 8 The granting of this variance is necessary in order for the applicant to include a hotel development. Strict application of the off-street parking standards would result in significant changes to the site plan and floor plans and increase construction costs, which would render the project infeasible. 3.That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. Conditions of Approval are included to require 24-hour valet parking service for the hotel and to require reciprocal access and parking for 37 vehicles within the adjacent parking structure. Additionally, the site has been designed with a valet parking drop-off lane on Sycamore Street immediately adjacent to the hotel lobby. A parking analysis prepared by Urban Crossroads dated September 9, 2020 notes that the Transit Zoning Code non- residential off-street parking and Santa Ana Municipal Code Section 41-1344 hotel off-street parking requirements are higher than other nearby hotel-rich Orange County cities (Anaheim, Costa Mesa and Buena Park). In addition, it is expected that many patrons would use ride -sharing options or public transportation; therefore, the proposed 83 parking spaces will meet the demand of the 75 room hotel and will not create impacts to the public or nearby properties. 4.That the granting of a variance will not adversely affect the General Plan of the city. The development of a 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 hotel will be the first in Downtown and can cater to individuals doing business at the nearby government facilities and office buildings. Additionally, the hotel will make Downtown Santa Ana available as an over-night destination to those visiting the Orange County area. The project also supports Goals 1, 2, 3 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 Resolution No. 2020-30 Page 4 of 8 enhance the City’s economic and fiscal viability, to preserve and improve the character and integrity of existing neighborhoods and to protect and enhance development sites and districts which are unique community assets that enhance the quality of life. Redevelopment of the super block into two development sites with a new sidewalk and street grid will link the existing Artist Village and west-end commercial uses with the rest of Downtown to help activate the area. The development will rehabilitate a property that is underutilized and will increase capital investment. Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, admi nistrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City an d/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of it s officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California E nvironmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a cou rt of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applican t in the defense of the Action. Section 3. In accordance with the California Environmental Quality Act (CEQA), the Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: Based on the substantial evidence set forth in the record, including but not limited to the 2010 EIR and the 2020 Third and Broadway Addendum, the Planning Commission finds that an addendum is the appropriate document for disclosing the changes to the subject properties, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: Resolution No. 2020-30 Page 5 of 8 A. The project does not constitute a substantial change that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. B. There is not a substantial change with respect to the circumstances under which the project will be developed that would require major revisions of the 2010 EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. C. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the 2010 EIR was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2020-05 as conditioned in “Exhibit A” attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 28, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. Variance No. 2020-05 shall not be effective until the City Council reviews and approves the Addendum, Environmental Review No. 2019-85, Density Bonus Application No. 2020-01, Site Plan Review No. 2020-01, Site Plan Review No. 2020-02 and the Disposition and Development Agreement for the subject project. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Resolution No. 2020-30 Page 7 of 8 Date: ________________ ____________________________________ Recording Secretary City of Santa 09-28-2020 Resolution No. 2020-30 Page 8 of 8 EXHIBIT A Conditions for Approval for Variance No. 2020-05 Variance No. 2020-05 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review and variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. 1.All proposed site improvements must conform to the Site Plan Review (DP No. 2019- 32) and the staff report exhibits. 2.Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3.24-hour valet service shall be required for the hotel operations. 4.Hotel valet service staff shall be trained in the use and operation of the mechanical stacker system. At least one trained operator of the mechanical stacker system shall be onsite at all times. 5.Vehicles shall not be stacked or queued within any street, alley, or other public right-of- way. 6.Prior to the issuance a certificate of occupancy, proof of recorded reciprocal parking and access easements and reserved parking for 37 vehicles must be provided to the Planning Division. 7.Prior to the issuance of a certificate of occupancy, the Applicant shall provide proof of valet service and operations.