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HomeMy WebLinkAbout2018-014 - Approving Variance No. 2017-07RESOLUTION NO. 2018-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-07 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A SIX -STORY 73,322 -SQUARE -FOOT HOTEL AND RESTAURANT WITH DEVIATIONS TO PARKING, FRONT SETBACK, WALL HEIGHT AND SIGNAGE FOR THE PROPERTIES LOCATED AT 2115, 2123 AND 2129 NORTH MAIN STREET 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. Net Development Company, hereinafter referred to as "Applicant," is requesting approval of Variance No. 2017-07 as conditioned, to allow the construction of a six -story 73,322 square foot 135 -room hotel and restaurant on 1.9 acres at 2115, 2123 and 2129 North Main Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, the Planning Commission is authorized to review and approve the following variances for this project to: a) reduce the number of required off-street parking spaces, b) reduce the front setback, c) increase wall heights, and d) increase the number of major building identification signs as set forth by the Santa Ana Municipal Code. C. Variance No. 2017-07 came before the Planning Commission of the City of Santa Ana on December 11, 2017, for a duly noticed public hearing. At the December 11, 2017 Planning Commission meeting the Commission continued the item to the January 22, 2018 Planning Commission meeting and asked for more information on the impacts of displaced parking, the southbound Main Street left turn movement into the property, and review of the security measures. D. On January 22, 2018, the Planning Commission discussed the project and made a motion which resulted in a 3:3 vote. In the case of an impasse, pursuant to the Planning Commission Bylaws, the Applicant was offered the option of either continuing the item to a later date for further consideration by the Commission or denial without prejudice to allow the Applicant to appeal the decision to the City Council. The Applicant requested that the item be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. E. The City Council of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Variance No. 2017-07, have been established as required by SAMC Section 41- 638: Resolution No. 2018-014 Page 1 of 7 1. 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. The project site has a special circumstance related to its location and surroundings. The project is bound by the Santa Ana (1-5) Freeway on the north. The site is an irregular shaped lot which limits functional site configurations for a hotel, restaurant and off- street parking. a) The shared parking study (dated 1.16.18) prepared by RK Engineering Group, Inc., has concluded that the proposed number of parking spaces on-site will be sufficient to meet the peak parking demands of the hotel and restaurant. As a result, the parking variance will allow the Applicant the ability to use the property in a manner that is consistent with the surrounding commercial uses. b) The variance from the front yard setback requirement is due to the existing location of the MacFarlane House, an existing historic structure proposed for use as a restaurant. In an effort to provide an undulating streetscape, the front setback will be reduced to seven (7) feet. c) Walls in front yards are limited to four (4) feet in height. The increase in wall height to seven feet six inches (7' 6") is due to the strict application of California Building Code requirements for pool safety and to provide privacy to pool patrons. The wall height for the restaurant deck will match the pool wall to keep a uniform look along the streetscape. In addition, the surrounding properties also do not meet the 15 -foot front setback requirement, thereby making this project consistent with its surrounding development pattern. d) The building elevations are visible from all four directions and from the highly traveled Santa Ana (1-5) Freeway. Due to the high visibility of the hotel, signage is requested for all four building elevations to allow for long-distance identification and to attract motorists that may be traveling through Orange County. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. a) The granting of the parking variance will preserve the property owner's ability to develop the lot with a conditionally permitted use that will assist in revitalizing the area. Strict application of the off - Resolution No. 2018-014 Page 2 of 7 street parking standards would result in significant changes to the site plan and increased construction costs which would render the project infeasible. b) The reduced front setback allows the property owner to use the historic structure in its current location. Requiring the property owner to relocate a historic structure to the required front setback could impact the character of the historic structure and would be a financial burden. c) The increased wall height will allow the hotel to offer on-site amenities to visitors such a pool and outdoor dining area. Due to site size and configuration constraints there are limited siting planning options available to provide these outdoor amenities. d) The increased major identification signs will allow the property owner the right to promote hospitality commerce and improve community identity by providing additional identification for a well- known hotel brand. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. a) As demonstrated in the shared parking study for the project) the site will have sufficient parking to accommodate the current land future needs of the various uses proposed on the site. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial and residential neighborhoods. Further, the parking lot will have controlled access gates which will allow for paid parking for hotel guests, restaurant patrons and the public. b) Allowing the variance for a reduced front setback will provide the property owner with the same benefits as the surrounding property owners. c) The increased wall height for the pool is required to meet California Building Code requirements. Further, the front wall height will be similar to the wall heights of the surrounding commercial properties along Main Street. d) There will be no more than one major identification sign on each building elevation, therefore the increased signage will not be detrimental to the public. Finally, conditions have been placed to ensure that the site be in compliance with all other development standards applicable to the property. Resolution No. 2018-014 Page 3 of 7 4. That the granting of a variance will not adversely affect the General Plan of the city. The Hampton Inn by Hilton hotel will support several goals and policies of the General Plan, including Goals 2 and 3 of the Economic Development Element to maintain and enhance the diversity of the City's economic base and increase Santa Ana's share of the regional economy. The hotel will increase Santa Ana's contribution to the hospitality and tourism sector of the regional economy and will be subject to the City's Hotel Visitors' Tax, generating revenue for the City. The project also supports Goals 1, 2 and 4 of the Land Use Element to encourage uses that promote a balance of land uses that address basic community needs, promote land uses which enhance the City's economic and fiscal viability, and to protect and enhance development sites and districts which are unique community assets that enhance the quality of life. The site is located off an arterial street and is easily accessible from the 1-5 Freeway making it a prominent building within Santa Ana. The development will rehabilitate a property that is underutilized and will increase capital investment. Two historic structures, the MacFarlane and Melton Houses, will be retained and reused as a restaurant. In addition, the hotel is in character with the Museum District, an office and cultural center that promotes visitors from outside of Santa Ana. Conditions of approval will also ensure that the project remains compatible with surrounding land uses. ection 2. Mitigated Negative Declaration (Environmental Review No. 2017- 96) and a Mitigation Monitoring and Reporting Program was prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2017-96 meets all the requirements of CEQA. Section 3. 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 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2017-07 as conditioned in "Exhibit A" attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated February 20, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2018-014 Page 4 of 7 ADOPTED this 20th day of February, 2018. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) NOT PRESENT: Councilmembers Tinalero (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-014 to be the original resolution adopted by the City Council of the City of Santa Ana on February 20, 2018. Date: 31.v -1-1a✓ Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2018-014 Page 5 of 7 EXHIBIT A Conditions for Approval for Conditional Use Permit No. 2017-29 Conditional Use Permit No. 2017-29 for a hotel located at 2129 North Main Street is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed belowrip for to exercising the rights conferred by this site plan review and conditional use permit. I. 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. All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 07) and the staff report exhibits. 2. Conditional Use Permit No. 2017-29 shall not be effective until the Historic Resources Commission reviews the exterior modifications to the historic structures and relocation of the historic structure at a public hearing and issues a certificate of appropriateness. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied then this Conditional Use Permit shall be null and void and have no further force and effect. 3. The Applicant shall comply with the Mitigation Measures within the Mitigation Monitoring and Reporting Program prepared for the project. 4. 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. 5. Prior to the issuance of a building permit a lot merger shall be recorded. 6. Prior to the issuance of a building permit a Public Art Plan must be submitted to the Planning Division for review and approval. Prior to the issuance of a building permit, a landscape plan including shrubs that are planted along the perimeter wall facing Bush Street and irrigation is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 8. Prior to the issuance of a certificate of occupancy the Applicant shall provide a Parking Management Plan. Included in this plan shall be a commitment on behalf of the hotel operator to provide parking at a paid rate to hotel, restaurant and public patrons. Resolution No. 2018-014 Page 6 of 7 II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on your submitted set of plans. III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. Record an easement for a public vehicular turn -around area at the end of the public alley. The turn -around area will be maintained by the Developer. 2. Provide a letter of acknowledgement and approval from adjacent property owner for the removal of the northerly driveway at 2101 North Main Street. 3. Depict and note on utility plan the relocation of the water meter and vault that is being proposed within the new 20 -feet wide public utility easement. Place it within a new pop -out utility easement area of adequate size, adjacent to the proposed 20 - feet utility easement, preferably in an elevated and protected area. 4. Depict and note on utility plan 10 -feet long water pipe encasement for a portion of the new 12 -inch public water main that will be underneath the new brick wall that surrounds the cul-de-sac (5 -feet on each side of the new brick wall), per City Standard No. 1429. 5. Depict and note on utility plan the construction of a new 8 -inch City public sewer main, to connect the new City manhole (at 404 -feet south of centerline of Buffalo Avenue) to the existing Orange County Sanitation Districts (OCSD) manhole, located at approximately 409 -feet south of Centerline of Buffalo Avenue, per OCSD Standards. 6. Record an agreement with the City for access through the site from the northern terminus of the alley to Main Street for emergencies, trash and utility trucks, and City maintenance vehicles. 7. Provide restriping, curb marking and signage to allow parallel street parking adjacent to the south curb of Buffalo Avenue between Broadway and Main Street. Resolution No. 2018-014 Page 7 of 7