HomeMy WebLinkAbout2006-006 - Denying Zoning Ordinance Amendment No. 2005-03
KO -1/4/06
RESOLUTION NO. 2006-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DENYING ZONING ORDINANCE
AMENDMENT NO. 2005-03, DENYING CONDITIONAL
USE PERMIT NO. 2005-28 TO ALLOW A LONG-TERM
STAY BUSINESS HOTEL. VARIANCE NO. 2005-62 TO
REDUCE THE REQUIRED PARKING AND SITE PLAN
REVIEW NO. 2005-05 FOR THE PROPERTY LOCATED AT
2721 HOTEL TERRACE DRIVE
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. The Applicant is requesting approval of a zoning ordinance amendment to
amend the uses permitted within Specific Development Plan No. 12 (SD-
12) to include long-term stay business hotels with a conditional use permit
(CUP). The applicant is also requesting a conditional use permit for a
long-term stay business hotel, a 15 space parking variance, as well as site
plan review approval to operate the proposed long-term stay hotel at 2721
Hotel Terrace Drive.
B. On November 28, 2005, Zoning Ordinance Amendment No. 2005-03,
Conditional Use Permit No. 2005-28, Variance No. 2005-62 and Site Plan
Review No. 2005-05 came before the Planning Commission for a duly
noticed public hearing. The Planning Commission by a vote of 6:0 (De La
Torre absent) voted to recommend the City Council deny the above
referenced actions.
C. On January 17, 2006, the City Council held a duly noticed public hearing on
Zoning Ordinance Amendment No. 2005-03, Conditional Use Permit No.
2005-28, Variance No. 2005-62 and Site Plan Review No. 2005-05.
D. The City Council further finds that the emphasis of SD-12 should not shift
towards the inclusion of serving long-term stay business travelers. The
Zoning Ordinance Amendment for SD-12 is not warranted for numerous
reasons including, but not limited to, units with kitchens, which cater to
extended stay business clients, are not compatible with a long-term vision
for SD-12 to attract full service hotels to the area that cater to both
business and leisure travelers. Long-term stay business hotels that meet
the City's design standards may be appropriate elsewhere in the City, but
not in SD-12.
Resolution No. 2006-006
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E. Long-term stay business hotels are not a conditionally permitted use
within SD-12. As such, the City Council denies Conditional Use Permit
No. 2005-28.
F. The City Council's decision to deny Applicant's request for the Zoning
Ordinance Amendment renders Variance No. 2005-62 moot. In addition,
the property currently operates as a hotel and can continue to do so
without the need of the proposed variance. Moreover, there is nothing
unique about the size or shape of the property that would keep the project
from meeting the zoning code and the variance is not needed for the
preservation and enjoyment of the owner's substantial property rights as
the property can continue to function as a hotel without the parking
variance.
G. The Site Plan is not in compliance with the regulations outlined within SD-12
as long-term stay hotels are not permitted within SD-12.
H. In accordance with the California Environmental Quality Act, no
Environmental Documentation is required for the proposed project due to the
fact this project is denied.
Section 2. The City Council of the City of Santa Ana, after conducting the
public hearing, hereby denies Zoning Ordinance Amendment No. 2005-03, Conditional
Use Permit No. 2005-28, Variance No. 2005-62 and Site Plan Review No. 2005-05.
These decisions are based upon the evidence submitted at the abovesaid hearing,
which includes, but is not limited to: the Request for City Council Action dated January
17,2006 and exhibits attached thereto; and the public testimony written and oral, all of
which are incorporated herein by this reference
Section 3. This decision rendered by the City Council of the City of Santa Ana
is final and is subject to judicial review pursuant to California Code of Civil Procedure
section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the
Council's decision and these findings.
ADOPTED this 17th day of Januarv. 2006
Resolution No. 2006-006
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Joseph W. Fletcher, City Attorney
By:
Kylee O.
Assista
AYES:
Councilmembers: Alvarez. Bist. Bustamante. Christy. Garcia. Pulido (6)
NOES:
Councilmembers: None (0)
ABSTAIN:
Councilmembers: Solorio (1)
NOT PRESENT: Council members: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2006-006 to be the original resolution adopted by the City Council of the
City of Santa Ana on January 17. 2006.
Date:
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Clerk of the Council
City of Santa Ana
Resolution No. 2006-006
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