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HomeMy WebLinkAbout2000-51BK:11/29/00 RESOLUTION NO.00-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 00-151, VARIANCE NO. 00-15 AS CONDITIONED, CONDTTION4L USE PERMIT NO.00-026 AS CONDITIONED, AND SITE PLAN REVIEW NO. 00-03 AS CONDITIONED, TO PERMIT CONSTRUCTION AND OPERATION OF A HOTEL LOCATED AT CORNER OF IlVIPERIAL PROMENADE AND MACARTHUR BOULEVARD WHEREAS, this Commission held a public hearing on November 27, 2000, on Variance No. 00- 15, Conditional Use Permit No. 00-026 as conditioned and Site Plan Review No. 00-03, as conditioned to permit a 251 room hotel with approximately 8,130 square foot banquet facility on a 1.67 acre lot located at the northwest corner of Imperial Promenade and MacArthur Boulevard in MacArthur Place. At the same time, the Commission considered a negative declaration for Environmental Review No. 00-151 prepared pursuant to the California Environmental Quality Act relating to this project. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The Planning Commission has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Project. The Planing Commission • has, as a result of its consideration and the evidence presented at the hearings on this. ~~atter, determined that, as required pursuar_t to the California Environmental Quality Act ("CEQA"~ and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environz~4,~¢~:1 impacts of this Ordinance. On the basis of this review, the Planning Commission finds that there ti, ;-~o evidence from which it can be fairly argued that the project will have a significant adverse effect orR ~ ~?±° ?nvironment. The planning Commission hereby certifies and approves the negative declaration and acc~_°_~;~~anying mitigation monitoring plan and directs that the Notice of Determination be prepared and filed. °r».-~~_h the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CAR") § 73yj .~~;,^)(1), the Planning Commission has deaermined that, after considering the record as a whole, there s ~~o evidence that the proposed. project will have the potential for any adverse effect on wildlife res<:,,.~rces or the ecological habitat upon which wildlife resoc~.rces depend. The proposed project exists i~~. ~;n urban environment characterized by paved concrete, roadways, surrounding buildings and human act+.va;~. Therefore, pursuant to Fish and Game Code § 71i 2 and Title XIV, CAR § 735.5(a)(3), the pay~~~~~. of Fish and Game Department filing fees is not required in conjunctior_ with this project. 2. The Planning Commission appro~~es Variance No. 00-15 as conditio=;exi in Exhibit A hereto, which is incorporated herein by this reference. This decision is based upon the .G~:~~aence submitted at the abovesaid hearing upon which this Commission finds and determines as follows ~~ ~_~ • 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. Due to the unique characteristics of the lot, including the shape and 10 foot change in grade, the strict application of the setback requirements would deprive the lot of development privileges. In order to accommodate the required parking for the project, a lower level parking lot must be provided. The application of the setback requirement would result in the removal of parking for the hotel and to a severe parking shortage in the immediate area. The reduced setback will be mitigated through the addition and upgrading of landscaped materials within the remaining setback. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the setback variance will allow the applicant the ability to construct a new hotel and banquet facility on a site that is located within a master planner development. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The setback variance will not be detrimental to the surrounding area as the setback will be landscaped to be compatible with the setbacks of the development. D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of District Center (DC) encourages the construction of high intensity land uses such as the proposed Doubletree Hotel. 3. The Planning Commission approves Conditional Use Permit No. 00-026 as conditioned in Exhibit B hereto, which is incorporated herein by this reference as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing upon which this Commission finds and determines as follows A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcoholic beverage control license at a new restaurant within the Doubletree Hotel will provide a service to the community by making alcoholic beverages available for ancillary consumption at the restaurant and lounge. The alcoholic beverage control license • will not negatively affect the surrounding community, as conditions of approval have been included to reduce potential negative impacts and avoid the potential of an attractive • nuisance being established at this location. B. 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 license will not be detrimental to persons residing and working in the area as the use, as conditioned, will not create any negative or adverse impacts. The sale of alcoholic beverages will only occur inside the premises, which minimizes potential impacts to the surrounding area. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The 1.67-acre site is situated within a master planned development that is suitable for the proposed hotel project. Numerous retail and restaurant uses are currently found in the surrounding area, with the hotel development identifying this site as a stable, viable location for businesses to exist. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The restaurant use will be in compliance with all applicable provisions of Chapter 41 of the • Santa Ana Municipal Code and all other state laws that govern the sale of alcoholic beverages. The project site is not in full compliance with the regulations of Chapter 41; however, a variance for a reduction in setbacks is currently being processed for this development. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan. Restaurant and ancillary uses such as alcoholic beverage control licenses are permitted within the District Center (DC) general plan designation. Additionally, the project, as designed, is in compliance with the regulations identified in the zoning code. 4. The Planning Commission approves Site Plan Review No. 00-03, as conditioned. ADOPTED this ~Z- day of Nnvemher , 2000, by the following vote: AYES: Commissioners Mondo, Nalle, Doughty, Verino, and Cribb NOES: Commissioners None ABSENT: Commissioners Solorio and Richardson • ABSTENTIONS: None • ATTEST: ~,~ G~ J ~~~-.. Sharon McCain Johnson Secretary to the Planning Commission Planning and Building Agency .~T FORM: . an ity Attorney • .~.._--- le Mondo ~ Chai erson ~~ ~_.J OLUTION NO.00-51 ECEMBER 4, 2000 PAGE 1 OF 6 Conditions of Approval Variance No. 00-15 is 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 Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it 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 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 approval. A. Planning Division 1. All proposed site improvements must conform with the Site Plan • Review approval of DP No. 00-52. 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 conditional use permit must be amended. 3. The lower and first floor levels of the hotel stone or a similar stone like material as the This material must be submitted to and be Planning Division. 4. A Parking Management Plan documenting how tr stalls will function must be submitted prior check. must incorporate exterior finish. approved by the ie tandem parking to building plan 5. Covenants, Conditions, and Restrictions (CC&R's) that restrict truck delivery hours to non-peak periods need to be submitted prior to building plan check. 6. The project must comply with the mitigation measures identified in Final Environmental Impact Report No. 87-1. • These mitigation measures include: ATTACHMENT B OLUTION NO. 00-51 ECEMBER 4, 2000 PAGE 2 OF 6 a. Outdoor lighting shall be designed and installed so that all direct rays are confined to the site and adjacent properties are protected from glare. b. Grading plans for the proposed project shall reflect that during demolishing, earthwork, and hauling activities, the contractor shall control fugitive dust emissions by regular watering or other dust-preventive measures to the extent feasible to comply with SCAQMD Rule 403. c. 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. d. 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. e. Streets surrounding the project site should be cleaned at the end of each day of construction. f. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. g. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. h. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. i. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. j. All grading work will be monitored by a registered archaeologist. The archaeologist will be empowered to • halt or redirect grading to allow evaluation and recovery time if significant deposits are encountered. To keep grading delays to a minimum, the archaeologist should be OLiTTION NO. 00-51 ECEMBER 4, 2000 PAGE 3 OF 6 prepared to rapidly as procedures. perform the evaluation and recovery work as is consistent with acceptable scientific k. Any material collected during the project will be donated to a local institution, which has the proper facilities for display and use, by interested parties. 1. Prior to the issuance of grading permits a geotechnical report shall be prepared for the proposed project. The report must address the potential for seismically induced soil liquefaction and soil instability. m. The grading and foundation plans, including foundation loads, shall be reviewed by a registered Soils Engineer. n. Prior to excavation of the project site, a soils test will be conducted by a registered Soils Engineer to • determine specific site constraints and appropriate mitigation measures. o. All grading and earthwork shall be performed under the observation of a registered Geotechnical Engineer in order to achieve proper subgrade preparation, selection of satisfactory materials, and placement and compaction of all structural fill. p. The Soils Engineer shall be notified in the event that subsurface conditions are exposed during construction which are significantly different from those described in the geotechnical investigation. q. If necessary, site preparation or foundation work must be completed to correct potential differential compaction and expansive soil conditions, according to accepted engineering standards. r. A study considering the impact of dewatering on adjacent areas will be submitted to the City Engineer if dewatering is necessary to lower the water table for the • office towers. The developer will apply for all applicable permits to accomplish necessary dewatering. OLUTION NO. 00-51 ECEMBER 4, 2000 PAGE 4 OF 6 .S . Ai„ l~ 1~1"gqT,T"~ i "~„I' ±1}.4~R~W C~ I ~ ~ ., ~4rtI r.. ,~ I }}~ky~y~,~{~ I~hhI, J r-ia i' ~~ 11 ~ +~~II ~1~~5i~~(i, ~~.5'~~ti?: ~ w~,~~ I ~i!R~"~ 1 ~IM~I~~~.. ,~~ ~ ~~'i I~; ~N ~ h ll~ ~r U':"" ~~`~~1 a~j 'j yy,,~~ y~y ~ L i h~~i,~ {r~' ~yI ~.o~~.~; 'L'~~~ ~1$V~xo~~r ~~ °t;~7j^I"~"~~ ~"~if~~~p°~'k!~ ~~ ~ ~~, "~11^", i~~,f~ ,~i!!ri+fr~~~rh~~' pe~m~,~~ ~ca~ ~~,,p4~5?~~~;~~;~;s~~~~,~Ca.~:~~'"~ ~_` , ~~~g''~I; (Modified by the Planning Commission November 27, 2000). t. Prior to the issuance of a building permit, the applicant shall submit for review and approval an Erosion Control Plan. u. Prior to issuance of building permits, the applicant shall coordinate with the FAA on the height and location of the proposed hotel building. v. Prior to the issuance of building permits, the project applicant shall provide a NPDES post construction storm water management plan per Orange County Drainage Area • Management Plan to include all Structural and Non- Structural Best Management Practices for the proposed project. w. Prior to the issuance of building permits, the applicant shall submit for review and approval a surface drainage plan prepared by 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. x. 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. y. 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 OLUTION NO.00-51 ECEMBER 4, 2000 PAGE 5 OF 6 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. z. If potential noise problems do arise from sweeping operations in the. parking .lot, sweeping should be limited to daytime hours between 7:00 a.m, and 8:00 p.m. aa. Grading and Building Plans for the proposed project shall • specify that construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday, and not permitted on Sundays or federal holidays. bb. G~~~lr~g ;and. ~u~-~.d~F~~ ;~,~.~'ns :.~t~r the ~xo~?~g~,~~ ~?~,~~'~,'~'.,'~ ~~~~?~'~y ~k~a~ ,,GAn~~~~ra,~~~n ac~~u~;~~~~ ,; ~~ ~i~~ ' ~1~~~''houx^~; off,"~:i~~: a.~~' ~~~;'~B:Oa p.m, ~e~ ~.., ~ ~~ ~ ~,r~ ' to'~ S: ~~p' p.~.. ~~ Satux~~tay, ~ ~ ~'~~~ ~h~, ~'~ ~. ~~,~'~~ ~p~?d~,~~ ~ a~ ~~ ~ede,z~.l ~~ ho,~'ida,~,~ ~~ ~ ~ ~~ s~p~~'~ec~e co~dit;?,on ~`aa o~ ~h~ G~nd'ita.c~ ~".~~~,v (Modified by the Planning Commission November 27, 2DO©). cc. Built-in fire protection shall be provided in individual buildings whenever the circulated fire flow exceeds 3,500 GPM. Buildings with a fire flow in excess of 5,500 GPM are prohibited. dd. Landscaping should include the use of fire retardant plant species. ee. Construction should utilize fire retardant building • materials. OLUTION NO. 00-51 ECEMBER 4, 2000 PAGE 6 OF 6 ff. Prior to issuance of applications for water meters and fire services, the applicant shall arrange for installation of new, or relocation or upgrading of any existing fire protection facilities as required by the Santa Ana Fire Department. gg. Water conservation measures will be incorporated into the development, these measures include; low-flush toilets, low-flush faucets, low water consuming plants, self- closing drinking fountains, insulation of hot water lines in water re-circulating, and pressure reducing valves. hh. Any necessary on or off site improvements to the City's water system shall be constructed. ii. Prior to issuance of applications for water meters and fire services, the applicant shall arrange for installation of needed new, or relocation or upgrading of any existing, domestic or irrigation water services as required by the Public Works Agency. jj. The project shall pay the appropriate City and County sewer connection fees to be collected by the City of Santa Ana. kk. Sewer facilities necessary to adequately convey project- related sewerage shall be provided. •