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HomeMy WebLinkAboutZA PACKET 03-02-2011REQUEST FOR Zoning Administrator Action a- ZONING ADMINISTRATOR MEETING DATE: \ MARCH 2,201 1 TITLE: PUBLIC HEARING - FILED BY NEXUS DEVELOPMENT CORPORATION FOR CONDITIONAL USE PERMIT NO. 201 1-2 TO ALLOW A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE AT A NEW COURTYARD BY MARRIOTT HOTEL LOCATED AT 8 MACARTHUR PLACE APPROVED As Recommended As Amended Set Public Hearing For DENIED Applicant's Request Staff Recommendation Prepared by Vince Fregoso Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 201 1-2 as conditioned. Request of Applicant Rob Eres of Nexus Development Corporation, representing Courtyard by Marriott Hotels, is requesting approval of a conditional use permit for a Type 47 Alcoholic Beverage Control (ABC) license to allow the on-premise sale and consumption of beer, wine and distilled spirits at a new hotel. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The Courtyard by Marriott Hotel is currently under construction on a 2.78-acre parcel of land on the southwest corner of MacArthur Place and MacArthur Boulevard. Upon its scheduled completion of May 201 1, the four-story hotel will contain 155 rooms in 100,000 square foot. The hotel's amenities will include approximately 5,400 square feet of meeting roomslconference space on the first floor, as well as 1,600 square feet of outdoor activity space directly adjacent to the conference space. The main lobby of the hotel will also feature a media area, home theatre area, lounge, cafe and bar. Also included on the first floor is an exercise room adjacent to an outdoor pool and spa. This property is part of the larger MacArthur Place South project, a master planned, 43-acre mixed- use development located on the south side of MacArthur Boulevard between Main Street and the Newport-Costa Mesa (SR-55) Freeway. MacArthur Place South is currently developed with two 14-story office buildings, two 10-story office buildings, two 8-story office buildings, two 25-story residential high-rise towers (Skyline Towers), a 13,470 square foot foodlretail building, the Doubletree Club hotel and four 6-story parking structures (Exhibits 1 and 2). Conditional Use Permit No. 201 1-2 March 2,201 1 Page 2 Proiect Description Courtyard by Marriott is requesting approval of a Type 47 Alcoholic Beverqge Control (ABC) license to allow the on-premise sale of beer, wine and distilled spirits within the new hotel. Specifically, the applicant is requesting approval to allow the hotel to sell alcoholic beverages within the lobby bar, cafe and market areas of the hotel. The on-premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary hotel use (Exhibits 3 and 4). Proiect Background The subject site was originally occupied by an Edwards Cinema and parking lot. In 2005, the Nexus Development Corporation received entitlements to construct a 13,470 square foot retaillrestaurant building, a six-story officelresidential (1 5-unit) loft building and a 25-story, 150 unit condominium tower on the Cinema site. In 2007 the Edwards Cinema building was demolished in anticipation of the beginning of the construction of the entitled project. Due to a shift in the economy, Nexus modified the master plan for the MacArthur Place South development and eliminated the retaillrestaurant and officelresidential buildings. In its place, the City Council approved a zoning ordinance amendment, an amendment to the development agreement, a conditional use permit and a variance to allow the hotel project in May 2009. General Plan and Zoning Consistency The General Plan land use designation for the site is District Center (DC), which allows for major development sites, such as the hotel development. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. The project site is consistent with this General Plan land use designation. The site is surrounded by residential, office and retail uses to the north; office development to the south; office and retail uses to the east; and vacant land and residential uses to the west. The zoning for the site is SD-76 - Hutton Centre Mixed Use Specific Development District No. 76. The SD-76 is a mixed use zone that allows office, restaurant, retail, hotel and residential land uses. Therefore, the proposed use is also consistent with the zoning designation. Proiect Analysis Conditional Use Permits are governed by Section 41-638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. 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. Conditional Use Permit No. 201 1-2 March 2,201 1 Page 3 That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. 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. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use perrr~it request staff must be able to show that findings can be made that support the criteria listed above. The project will provide a service or facility which will contribute to the community. The project is located within a master planned development that is suitable for the proposed use. The proposed alcohol beverage license will provide a service to the community by allowing patrons the ability to consume an alcoholic beverage with their meal at a bona fide eating establishment or while occupying the hotel lounge. The proposed alcoholic beverage control license for the on-sale consurr~ption of beer and wine at the location will not be detrimental to persons residing or working in the area as the sale of alcoholic beverages will occur within the hotel premises and will be incidental to the hotel operation. The license, as conditioned, will not create any negative or adverse impacts as conditions have been placed on the alcoholic beverage control license that will mitigate any potential impacts created by the use that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. The proposed use will not adversely affect the economic stability of the area, but will instead allow the hotel to compete with other hotels and restaurants in the area that also offer alcoholic beverages for sale to their guests and other visitors. The use will comply with all provisions pertaining to the sale of alcoholic beverages, including Chapter 41 (Zoning Code) and the Planning Commission's guidelines for establishments selling alcoholic beverages. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the hotel will utilize less than five percent of the gross Iloor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Planning Commission. Conditional Use Permit No. 201 1-2 March 2,201 1 Page 4 The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A facility such as the hotel that possesses an alcohol license will provide goods and services that will benefit the residents and patrons of Santa Ana. The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over-concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. The Police Department considered two factors when reviewing this application, crime rate and sensitive land uses. The Police Department has determined that this establishment is located in an area that is average in police-related incidents. This site is located within Reporting District No. 190, which ranks 57th out of 102 citywide districts in total number of police-related incidents. In terms of land uses, no adjacent or sensitive land uses were found that might be impacted by this action. Therefore, the Police Department recommends approval of this CUP application provided the applicant agrees with the proposed conditions of approval, which will ensure that this location consistently operates as a bona fide eating establishment. Public Notification The project site is not located within the boundaries of an organized neighborhood, but is adjacent to the Sandpointe Neighborhood Association. The president of this Association was notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement program called the president to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association president, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and 66 mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existirlg facilities with no expansion of the existing use. Categorical Exemption Environmental Review No. 201 1-09 will be filed for this project. Conditional Use Permit No. 201 1-2 March 2,201 1 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 201 1-2 as conditioned. r / Vince ~regosm~ Principal Planner VF:mr vfireports\CUP\cupll-2 Courtyard ABC.za030211 City of Tustin City 01 Costa Mesa A1 GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL R1 SINGLE FAMILY RESIDENTIAL -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWOFAMILY RESIDENCE CSM COMMERCIAL SOUTH MAIN MI LIGHT INDUSTRIAL R3 MULTIPLE FAMILY RESIDENCE C1 COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBANAPARTMENTS Cl-MD COMM. COMMERClALlMUSEUM DISTRICT MO MlLrrARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCWL 0 OPENSPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P' PROFESSIONAL SP SPECIFIC PLAN C3-A CENTRAL BUSINESS-ARTIST VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIALCOMMERCIAL CUP 2011-2 COURTYARD BY MARRIOTT ABC LICENSE A &Y - - = 500 FEET 1" = 1000 FEET 8 MACARTHUR PLACE PLANNING AND BUILDING AGENCY VICINITY MAP EXHIBIT 1 CUP 2011-2 COURTYARD BY MARRIOTT ABC LICENSE A cPT 8 MACARTHUR PLACE PLANNING A N D BUILDING AGENCY LAND USE MAP EXHIBIT 2 If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the c ommittee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING MARCH 2, 2011 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. CONDITIONAL USE PERMIT NO. 2011-2 (Vince Fregoso) Filed by Nexus Development Corporation to allow a Type 47 Alcohol Beverage Control license (on-premise sale and consumption of beer, wine and distilled spirits) at a new Courtyard by Marriott Hotel located at 8 MacArthur Place in the Specific Development No. 76 (SD-76) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 16, 2011 PUBLICLY NOTICED: February 16, 2011 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2011-2 as conditioned 2. Public Comments Adjournment