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HomeMy WebLinkAbout31B - CUP - 2620 S HOTEL TERRACE DRi CITY COUNCIL MEETING DATE, JULY 5, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016-23 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT CLARION INN & SUITES LOCATED AT 2620 SOUTH HOTEL TERRACE DRIVE - SHIM TALWAR, APPLICANT (STRATEGIC PLAN NO. 3, 2) CITY MANAGER r y a s CLERK OF COUNCIL USE ONLY: a0l r lJ As Recommended Q As Amended [J Ordinance on I" Reading Cl Ordinance on Z4 Reading M Implementing Resolution 7 Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -23. PLANNING COMMISSION ACTION At its regular meeting on June 13, 2016, by a vote of 6:0 (Mill absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -23 which approved the sale of alcoholic beverages for on- premise consumption at an eating establishment located within the Clarion Inn & Suites at 2620 South Hotel Terrace Drive located in the Specific Development No. 12 (SD -12) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Shiv Talwar; representing Clarion Inn & Suites, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on- premise consumption at an existing hotel located at 2620 South Hotel Terrace drive, The hotel contains approximately 46,000 square feet of floor area with 129 hotel rooms distributed into three floors, pool and spa, and parking located throughout the property, The subject site was developed as a Comfort Inn In 1988, In January of 2015, Clarion Inn & Suites acquired the hotel and began renovations of the existing facility. In an effort to compete with the neighboring hotels in the hotel terrace area, a new 480 - square foot oafs was constructed, this is where the alcoholic beverages will be stored and sold. Storage and display of alcoholic beverages will be located at the front service refrigerator and at the rear of the service counter of the oafs with a total of less than five percent of the floor area of the oafs, which is consistent with the standards contained In the SAMC. Although the storage, display, and sale of alcohol will be located at the cafe, the applicant is requesting that alcohol sales and consumption be allowed for the additional common areas of the hotel such as the pool /spa, courtyard and lobby seating area, Full - sized site plans are available for public viewing in the Clerk of the Council Office. 31 B -1 CUP No. 2016 -23 — Clarion Inn & Suites Alcoholic Beverages, 2620 South Hotel Terrace Drive July 5, 2016 Rage 2 STRATEGIC PLAN ALIGNMENT Approval of this Item supports the City's efforts to meet Goal #3 Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. H AICP Executive Director Planning & Building Agency IO:rb loTlonnlnB Commioolo02828 S Hotel Torr000\CUPWO CWrIon Inn &Suites Type,41.co Exhibit: A. Planning Commission Staff Report 31 B -2 "�� Ir► .� iiu � a , JUNE 13, 2016 TITLE: PUBLIC HEARING — FILED BY SHIV TALWAR FOR CONDITIONAL USE PERMIT NO. 2016-23 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT CLARION INN & SUITES LOCATED AT 2620 SOUTH HOTEL TERRACE DRIVE (STRATEGIC PLAN NO. 3, 2) Prepared by Ivan Orozco ecut Director - -� • �1 f , COMMISSION PLANNING „y APPROVED • As Recommended • As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO 1 Planning Mans er Adopt a resolution approving Conditional Use Permit No. 2016 -23. Request of Applicant Shiv Talwar, representing Clarion Inn & Suites, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on- premise consumption at an existing hotel located at 2620 South Hotel Terrace Drive. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project site consists of the Clarion Inn & Suites hotel in the Hotel Terrace area. The hotel contains approximately 46,000 square feet of floor area with 129 hotel rooms distributed into three floors, pool and spa, and parking located throughout the property, Within the hotel is a 480- square- foot cafe where the alcoholic beverages will be sold. The General Plan land use designation for this property is General Commercial (GC). General Commercial land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood faci ties and services such as this hotel. The project is consistent with the General Plan land use designation. The site is located within the Specific Development No. 12 (SD -12) zoning district. The SD -12 zoning district allows for commercial uses such as restaurants and hotels. Surrounding land uses Include hotels to the east and south, with industrial uses to the north and west of the property (Exhibits 1, 2 and 3). EXHIBIT A 31 B -3 CUP Rio. 2016 -23 June 13, 2016 Page 2 Proiect Description Clarion Inn & Suites is requesting approval of a CUP to allow the on- premise sate of alcoholic beverages to patrons of the hotel and cafe. Pursuant to Section 41 -196 of the SAMC, establishments that wish to sell alcohol to patrons require approval of a CUP; however, the use of the property as a hotel and on -site cafe is permitted by right in the SD -12 zoning district. The cafe contains 480 - square -feet within the existing hotel lobby. Alcohol sales and storage will take place in the cafe facility. Storage and display of alcoholic beverages will be located at the front service refrigerator and at the rear of the service counter of the cafe with a total of less than five percent of the floor area of the cafe, which is consistent with the standards contained in the SAMC (Exhibits 4 and 5). Although the storage, display, and sale of alcohol will be located at the cafe, the applicant is requesting that alcohol sales and consumption be allowed for the additional common areas of the hotel such as the pool /spa, courtyard and lobby seating area. hotel patrons would have the opportunity to purchase food and alcohol and consume them in the pool /spa area which already contains a 36 -inch fence around the perimeter, which conforms to the separation requirements established by the state Department of Alcoholic Beverage Control. Proiect Background The subject site was developed as a Comfort Inn in 1986. In January of 2015, Clarion Inn & Suites acquired the hotel and began renovations of the existing facility. In an effort to compete with the neighboring hotels in the hotel terrace area, the new cafe was constructed towards the end of 2015. The current ownership of the hotel is the first since the original date of construction to provide a food facility inside the hotel. The proposed sale of alcoholic beverages, which includes beer and wine, is intended to allow Clarion Inn & Suites the ability to compete with other hotels in the area that offer similar services. Praieet Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit request may be granted when it can be shown that the proposed project will not adversely impact the community. 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. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, to limit the number of establishments to avoid overconcentration of establishments that sell alcoholic beverages, and to minimize impacts to surrounding areas. 31 B -4 CUP No. 2016 -23 June 13, 2016 Page 3 Staff has reviewed the applicant's request to establish the on -sale license at this location. in analyzing the request, staff believes that the following findings of fact warrant approval. Because the proposed alcohol license is intended to provide an added amenity to the hotel operations, and because the sale of alcoholic beverages will be ancillary to the primary use of the cafe as an eating establishment, staff recommends approval of the subject CUP. The proposed on -sale license will provide an additional service and convenience to guests of the hotel by allowing them to purchase alcoholic beverages in conjunction with food, without having to leave the hotel property. The hotel has constructed a cafe that meets all the standards to qualify as an eating, establishment in order to provide a quick -serve food option to the hotel guest and employees. The proposed use will not be detrimental to the health, safety, and welfare of the community. Clarion Inn & Suites is an established hotel business with a history of service to the community and visitors of the City of Santa Ana, The new cafa and proposed alcoholic beverage service will provide a hotel amenity that would normally require hotel patrons to leave the premises. Moreover, the proposed project will enhance the economic viability of the area and create a more attractive tourist opportunity for visitors and residents in the community. The new cafe and alcoholic beverage service will allow the hotel to compete with neighboring hotels in the area that already operate with food and alcohol as part of the hotel amenities, The proposed CUP will be in compliance with all other regulations, including alcohol storage and display area set forth in Section 41- 196(c) of the SAMC. Further the site will be in compliance with all the operational standards set forth in Section 41- 196(g) of the SAME; which govern the on- premises sale of alcoholic beverages (Exhibit 6). Finally, the proposed CUP will be consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses, Clarion Inn & Suites proposes to provide an additional amenity as part of the hotel operations, to serve guests and residents of the City, similar to the hotels in the immediate vicinity. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with such uses are mitigated to the greatest extent possible. For on -sale licenses, the Police department compares crime in the project area to crime citywide. Crime data is collected by reporting district. When a project is located in a reporting district with more than 20 percent of the average crime rate citywide, the Police Department will consider this information in making its recommendation. 31 B -5 CUP No. 2016 -23 June 13, 2016 Page 4 The project at 2620 South Hotel Terrace Drive is located in Police Grid No. 209. Police Grid No. 209 ranks 61 out of 102 reporting grids in the number of police related calls for service. This reporting district is below the average for criminal activity threshold established by the state for crime. The Police Department contends that the operational standards applicable to on- premise ABC licenses will mitigate any potential impacts to the surrounding community, Moreover, the proposed conditional use permit will also be consistent with similar ABC licenses for hotels in the area, the business is a hotel and the primary customer base will be its guests. Public Notification The project is not located within the boundaries of an established Neighborhood Association. However, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received, CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on- premise sale of alcoholic beverages from an existing structure. No expansion of square footage or modification to the exterior of the building is proposed as part of this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -23. IO:jm t6lo anning CommisslorIM20 S Hotel TerracelCUP1 H -28 Clarion Inn & Seltes Type 41. PC MEW CUP No, 2016 -23 June 13, 2016 Page 5 Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 _ Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31 B -7 Al C NSIALACROJWIRAL} CR MMMUCALFUID IAL. M -0W WALLLaSNG- ERMIIYR QWCE -H A NGMG IHVXIOYN ( G015INIOWCB4IH2 rQ TOORMILYffflowCE GW CLYMIMBUAL:CUIN MAIN Ml UGFIN0USFRAL R5 MurnR 9WymuISIRE m CCMMUNITYCOMiM¢ AL M2 NEAWINWSR3AL FAMILY R908NCE. CWD CXdM.CCMM6 AUMUULM0lSRCT MO MILI7AIL'Cf8LVI0N5. Rt WeIJFEANAMRM9 C2 GMUTALCGMMFOAL C Gf SPACE FE FLUMALFSWTE co MTRALMSNE.S P FRU&SCNAL 60 3S/RCOcvEJXMD f CYA CeJMLBUSW'iAR MLtA FCD RANNMCMIMUMiVQe&C AIENT Ell S�MRCR.AN CA RANNIM NC NGCENTER PAO RANNB F ODMAL DBRDWENT a WIRALCOMAMSUAL RI SNGLEFAMILYFFSD AL CUP 2016- 23 -RST CLARION INN & SUITES 2620 SOUTH HOTELTERRACE (DRIVE - - 500 FAT 7,1000FEET P L A N N N G A N D B U I L D I N G A G E N C Y mil 3m w • CUP 2016-23-RST CLARION INN & SUITES 2620 SOUTH HOTEL TERRACE DRIVE L A N N I N G A N D 0 U I L 0 1 N G E N C Y LAND USE MAP EXHIBIT 2 31 B-9 CUP 2016- 23 -RST CLARION INN & SUITES 2620 SOUTH HOTEL TERRACE DRIVE EXHIBIT 3 31 B -10 31 B -11 -a f° a k 1 ° C r (W °IQ Iv ci dW :4 ry CL f L t a , z e, u 0 ^'�y "Q lz 51 j �i t 1< jQ w ;' t b3HV KIA83S (t Display/ Z e # '' -D SCoxaae ':a W a lz EXHIBIT 5 31 B -12 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included as Informational conditions In the conditions of approval for the conditional use permit required pursuant to Section 41 -196 1 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3, The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8;00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas; 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when patrons are restricted to 21 years of age or older; the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older; 8. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31 B -13 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for..." or similar language, 13. Any pool tables, amusement machines or video games maintained on the premises at anytime must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, keraoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 — Entertainment; and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shad not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31B-14 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied, 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed- access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a, Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior, c. Procedures for handling patrons involved in fighting; arguing or loitering about the building, and /or in the Immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s), d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication Is not exceeded. This procedure should include ,a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity, g, Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31 B -15 24, The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5%) of the gross floor area of the licensed establishment. 4 of 4 31 B -16 LS 6.13.16 RESOLUTION NO, 2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO, 2016 -23 TO ALLOW THE ON- PREMISE SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY LOCATED AT 2620 SOUTH HOTEL TERRACE DRIVE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A, Applicant is requesting approval of Conditional Use Permit No. 2016 -23 to allow the on- premise sale of alcoholic beverages at the property located at 2620 South Hotel Terrace Drive. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on -site or off -site consumption. G; On June 13, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-23. D, The Planning Commission of the City of Santa Ana determines that the following findings, which must be established In order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2016 -23 to allow the on- premise sale of alcoholic beverages: 1: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed on -sale Alcohol Beverage Control (ABC) license will provide an additional service and convenience to guests of the hotel by offering them the ability to purchase alcoholic beverages in conjunction with food, without having the need to leave the hotel property; The ABC license will not negatively affect the surrounding community as operational standards are applicable to the license that will reduce potential impacts and avoid potential for an attractive nuisance being established. By adding alcoholic beverages Resolution No. 2016 -XX Page 9 of 4 31 B -17 to other items of the cafe, hotel guests are provided an added amenity without having to leave the premises. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed ABC license will not be detrimental to the health, safety, and welfare of persons residing or working in the vicinity as operational standards will ensure that the use will not create any negative or adverse impacts. Clarion Inn & Suites is an established hotel business with years of service to the community and visitors of the City of Santa Ana, The cafe and proposed alcoholic beverage service will provide a hotel amenity that would normally require hotel patrons to leave the premises. All health codes and regulations will be followed, in addition to employee training programs focused on security, alcohol responsibility, and preventing the sale of alcoholic beverages to minors, which ensure that the alcohol sales are handled in a responsible manner. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed ABC license will not adversely affect the present economic stability or future economic development of the properties surrounding the area. Conversely, the ABC license will enhance the economic viability of the area and create a more attractive tourist opportunity for visitors and residents in the community. The cafe and alcoholic beverage service will allow the hotel to remain competitive with neighboring hotels in the hotel terrace area that already offer alcoholic beverages with food as part of the hotel operations. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code, including alcohol storage and display area set forth in Section 41- 196(c). Operational standards will ensure the premise remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance, Resolution No. 2016 -XX Page 2 of 4 31 B -18 That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed ABC license will not adversely affect the General Plan. Hotels that offer food and alcoholic beverages are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with several goals and policies of the General Plan, including Goal 2 of the Land Use Element, which promotes land uses that enhance the City's economic and fiscal viability and that mitigate any potential impacts such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses. Furthermore, the project is consistent with Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for goods and services. The granting of this application is also consistent with Policy 5.5 of the Land Use Element of the General Plan; which encourages projects that are compatible with and supporting of surrounding land uses. The use is located within an area that provides similar services and amenities; and is compatible with the hotel uses in the hotel terrace area. E, in accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having significant impacts on the environment. General Rule Exemption Environmental Review No. 2016 -62 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers; agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -23 for the project located at 2620 South Hotel Terrace Drive. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 13, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2016 -XX Page 3 of 4 31 B -19 ADOPTED this 13th day of June, 2016 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 XX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 13, 2016, Date: Acting Recording Secretary City of Santa Ana 31 B-20 Resolution No. 2016-XX Page 4 of 4