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HomeMy WebLinkAbout2007-055 - Approving Conditional Use Permit No. 2007-07 KO -07/10/07 RESOLUTION NO. 2007-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2007-07 AS CONDITIONED FOR A TRANSIENT/RESIDENTIAL HOTEL FOR THE PROPERTY LOCATED AT 801 AND 901 SOUTH HARBOR BOULEVARD 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. Conditional Use Permit No. 2007-07 has been filed with the City of Santa Ana seeking to allow Conversion of the California Palms to a transient/residential Hotel located at 801 and 901 South Harbor Boulevard within the South Harbor Specific Plan (SP2). B. The Planning Commission held a duly noticed public hearing on June 25, 2007 and recommended by a vote of 5:0 (De La Torre and Munoz absent) to recommend that the City Council 1. Approve and adopt the Negative Declaration for Environmental Review No. 2004-158. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007 -02. 3. Adopt a resolution approving Conditional Use Permit No. 2007-07 as conditioned. C. The City Council held a duly noticed public hearing on July 16, 2007 regarding the approval and adoption of the Negative Declaration for Environmental Review No. 2005-158, the adoption of an ordinance approving Zoning Ordinance Amendment No. 2007-02, to allow transient/residential hotels within the North Harbor Specific Plan (SP2) with a Conditional Use Permit and to approve a Conditional Use Permit No. 2007-07 to allow the Conversion of the California Palms to a transient/residential Hotel for the property located at 801 and 901 South Harbor Boulevard. D. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. Resolution No. 2007-055 Page 1 of 9 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed California Palms transient/residential hotel will contribute to the general well being of the community by eliminating an existing blighted motel and providing additional housing opportunities for all economic segment of the community through revitalization of an existing motel. It will provide appropriate amenities for children and families living in the California Palms transient/residential hotel, including open space, laundry rooms, landscaping and kitchens. 2. Will the proposed use 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 transient/residential hotel use will not be detrimental to persons residing and working in the area. The Mitigated Negative Declaration (Environmental Review No. 2004-158) identified less than significant impacts associated with the implementation of this project. These impacts will be mitigated through mitigation measures identified in Environmental Review No. 2004-158. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed transient/residential hotel will not adversely affect the economic stability of the area. The residents of the transient/residential hotel will provide a customer base to the retail and restaurant uses, which will reinforce the economic viability of the adjacent business community. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. The project will be in compliance with all applicable provisions of Chapter 41 of the Santa Ana Municipal Code as well as the provisions of Ordinance No. NS-2471 and the North Harbor Specific Plan (SP2) zoning district as well as the design and development standards established by the City Council for transient/residential hotels. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2007-055 Page 2 of 9 The proposed transient/residential hotel will not adversely affect the General Plan as transient/residential hotels are conditionally permitted within the General Commercia/ Overlay district of the North Harbor Specific Plan (SP2). Further, Policy 1.4 of the Land Use Element promotes the maintenance and fostering of a variety of residential/and uses in the city. Also, Policy 4.1 of the Housing Element encourages the development of new housing units and opportunities for all segment of the community. E. The City Council approved and adopted the negative declaration for Environmental Review No. 2004-158 with the Ordinance approving Zoning Ordinance Amendment No. 2007-02 which is hereby incorporated as though fully set forth herein by this reference. Section 2. The City Council of the City of Santa Ana hereby, approves Conditional Use Permit No. 2007-07 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 3. This Conditional Use Permit is expressly conditioned upon adoption by the City Council of a zoning ordinance amendment Zoning Ordinance Amendment No. 2007-02, to allow transient/residential hotels within the North Harbor Specific Plan (SP2). The rights of the applicant under this Conditional Use Permit shall not vest until the effective date of such ordinance. Should no such zoning ordinance amendment become effective, then this Conditional Use Permit is null and void and of no effect. ADOPTED this 16th day of Julv 2007. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Resolution No. 2007-055 Page 3 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2007-055 to be the original resolution adopted by the City Council of the City of Santa Ana on July 16.2007. Date: ) )~7 atricia E. Healy Clerk of Council City of Santa Ana Resolution No. 2007-055 Page 4 of 9 1 Exhibit A Conditions for Approval for Conditional Use Permit No. 2007-07 Conditional Use Permit No. 2007-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, 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 prior to exercising the rights conferred by this conditional use permit. 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. A. PlanninQ Division 1. The project shall remain in compliance with Site Plan Review DP No. 2004-52. 2. 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. 3. Prior to issuance of building permits, the landscape plans shall be revised to reflect 24-inch boxed size trees and five-gallon shrubs for all required plants of this project. 4. The existing pole sign along Harbor Boulevard shall be removed. 5. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy. MitiQation Measures 6. All construction and operations will comply with SCAQMD rules and regulations. All applicable control measures listed in SCAQMD Rule 403 will be used to minimize impacts to air quality. These include but are not limited to the following measures: 06-1 Stabilize wind erodible surfaces to reduce dust, Resolution No. 2007-055 Page 5 of 9 06-2 Stabilize surface soil where support equipment and vehicles will operate, 06-3 Stabilize loose soil and demolition debris, 06-4 Comply with AOMD Rule 1403, 06-5 Stabilize disturbed soil throughout the construction site, and 06-6 Stabilize disturbed soil between structures. 7. In the event that human remains are found on the project, all work will stop and the County Coroner will be called to asses the remains and exhume them. In the event that the County Coroner recognizes the remains as being of Native American origin, the County Coroner is responsible to contact the Native American Commission within 24 hours. The Commission has various powers and duties to provide for the ultimate disposition of any Native American remains, as does the assigned Most Likely Descendant. Section 5097.98 and 5097.99 of the Public Resources Code also call for "protection to Native American human burials and skeletal remains from vandalism and inadvertent destruction." 8. As a condition of approval for a demolition permit, an asbestos-containing materials, lead-based paint, and polychlorinated biphenyl survey will be performed by a qualified environmental professional and conducted in accordance with all federal, state and local requirements, including those established by National Emissions Standards for Hazardous Air Pollutants (NESHAPS) guidelines and the Occupational Safety and Health Administration (OSHA). A report will be furnished by said qualified environmental professional and will outline the occurrence of hazardous materials on the project site. 9. If asbestos containing materials are discovered during site investigations, all potentially friable asbestos-containing materials will be removed in accordance with federal, state, and local laws and the NESHAP guidelines prior to building demolishing or renovation that may disturb the materials. All demolishing activities will be undertaken in accordance with California Occupational Safety and Health Administration (Cal/OSHA) standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect workers from exposure to asbestos. Materials containing more than one percent asbestos are also subject to SCAOMD regulations. Demolition performed in conformance with these federal, state and local laws and regulations will avoid significant exposure of construction workers and/or the public to asbestos containing materials. 10. If lead-based paint is discovered during onsite investigations, all building materials containing lead-based paint will be removed in accordance with Cal/OSHA lead in construction standards, Title 8, CCR 1532.1, including employee training, employee air monitoring, and dust control. Any debris or Resolution No. 2007-055 Page 6 of 9 soil containing lead-based paint or coatings will be disposed of at landfills that meet acceptance criteria for the waste being disposed. Demolition performed in conformance with these federal, states, and local laws and regulations will avoid significant exposure of construction workers and/or the public to lead-based paint. 11. If polychlorinated biphenyls (PCBs) are discovered during onsite investigations, all PCB-containing lighting ballasts will be removed and disposed of in conformance with federal, state and local laws and regulations so as to avoid exposure of construction workers and/or the public to PCB containing materials. 12. A Water Quality Management Plan (WQMP) will be prepared and implemented as part of the design of the project. The WQMP will include structural treatment and non-structural best management practices (BMPs), including installation of storm filters and other control mechanisms. 13. All rooms will include forced air ventilation allowing the residents to leave windows closed reducing interior noise level. 14. The developer will specify a minimum Sound Transmission Class (STC) rating of 29 for all windows and/or door assemblies that front Harbor Boulevard (west facing). These windows and/or doors are to be well fitting with vinyl (or equivalent) gaskets that form an airtight fitting. 15. All exterior fittings that enter the structures (e.g., electrical conduits, HVAC ducts) along Harbor Boulevard will be sealed with caulk such that the fittings are rendered airtight. Any metal ductwork that is exposed to the exterior environmental will be enclosed and insulated to avoid noise transference through the ducting. 16. Any in-room air conditioning units placed along Harbor Boulevard will be placed in baffled enclosures reducing transmitted noise, but allowing airflow. 17. All construction equipment will be in proper operating condition and fitted with standard factory noise attenuation features. All equipment will be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated. 18. Approved haul routes will be used to minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations. Resolution No. 2007-055 Page 7 of 9 19. To the degree feasible, construction equipment will be sited away from adjacent residential land uses. 20. Hydraulic hammer attachments used in pavement and structure demolition will be equipped with a silencing package. 21. The project developer will contribute a fair share contribution toward the installation of a traffic signal at the intersection of Harbor Boulevard and Kent Avenue, in an amount determined by the City of Santa Ana Public Works Department. 22. The project developer will install a right turn only sign facing motorists exiting the site from the project site driveway closest to Kent Avenue. B. Police Department 1 . The property owner will be required to continuously and actively participate in the City of Santa Ana's Crime Free Multi-housing Program. This will require the property owner, managers, leasing staff, maintenance personnel and others in the management team to attend an entire eight-hour training program conducted by the Police Department and that the three phases of the program (Training, CPTED Inspection and safety social) be completed and that the Full Certification Program be maintained through the life of the project. 2. The applicant will be required to incorporate the Crime Free lease/drug free housing Addendum into their leasing procedures. The addendum is subject to review by the Police Department. 3. The new building and parking lot must conform with the provisions of Chapter 8, Article \I Division 3 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. 4. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. Prior to removal, all graffiti must be photographed and documented for Police Department use. 5. No exterior pay phones will be allowed. All other pay phones will be required to allow outgoing calls only. Resolution No. 2007-055 Page 8 of9 6. There shall be no coin-operated games maintained on the property at any time. 7. Between the hour of 5:00 p.m. and 5:00 a.m. the property owner shall provide a minimum of one-uniformed, licensed security guard in the parking lot and shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 8. The conditional use permit shall be reviewed at sixth months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 9. The site must be properly posted with P.C. 602 signage and up to date waiver must be kept on-file with the Police Department. 10. The properties landscaping must be properly maintained. Shrubs must be maintained at a minimum three-foot level, trees must be trimmed up to a minimum six-foot level. 11. Property owner must keep the Police Department up to date with all staff emergency numbers. 12. A lease addendum must be signed by all adults that will be living in a room. The addendum will be required to include a list of the rules of the hotel and contain a clause which states that violation of these rules will be good cause to terminate the lease/tenancy. 13. All proposed laundry rooms must be placed in a highly visible, high activity area. All proposed laundry locations must receive prior Police Department approval at the Plan Check stage. Resolution No. 2007-055 Page 9 of 9