RES-9813 Conditional Use Permit Approval for 125-Room HotelRESOLUTION NO. 9813
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT 2463-03 TO ALLOW A
125-ROOM HOTEL UPON PROPERTY LOCATED
WEST OF THE CITY DRIVE B.ETWEEN
CHAPMAN AVENUE AND
METROPOLITAN nRIVE APPLICANT: THE
MILLS CORPORATION WHEREAS, Conditional Use Permit 2463-03 was filed by The
Mills Corporation in accordance with the provisions of the City of Orange
Municipal Code; and WHEREAS, Conditional Use Permit 2463-03 was processed in
the time and manner prescribed by state
and local law; and WHEREAS, the environmental impacts of the Project
have been analyzed through Final Environmental Impact Report (FEIR) 1721-03,
which is comprised of Draft Environmental Impact Report (DEIR) 1721-03, changes
and revisions to DEIR 1721-03, the Response to Comments, and the Mitigation
Monitoring Program, pursuant to the provisions of the California Environmental Quality Act (
CEQA) and the State CEQA Guidelines; and WHEREAS, the City Council conducted
duly advertised public hearings on January 13 and 27,2004, for the
purpose of considering Conditional Use Permit 2463-03.NOW, THEREFORE, BE
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE that Conditional Use Permit
2463-03 to allow a 125-room hotel is hereby approved based on
the following findings, which are individually and collectively supported by
substantial evidence contained in
the record before the City Council:SECTION 1 - FINDINGS 1. The proposed hotel is consistent
with sound principles of land use and is in response to services required
by the community, in that the development of the hotel on the sites
proposed would Ibe in accordance with sound principles of modern land use and planning. The
hotel is a part of the larger transformation of The Block at
Orange into a mixed-use development. The addition of residential components,
such as the hotel (along with the multi-family development which
constitutes another component of the development) will further solidify the high level of activity
at the project site and strengthen the "live, work, and play"aspect of the
development. The addition of the proposed hotel will result in the creation
of a true mixed-use
environment and thus is in accordance withaccepted
2. The proposed hotel will not cause deterioration of bordering land uses or create
special problems for the area in which it is located, in that the hotel will provide
quality accommodations. The closest land uses are the entertainment, dining,
and retail uses of The Block at Orange itself. The addition of the hotel will not
have a deleterious effect on the area, but rather will enhance and augment in a
synergistic fashion the land uses at the project site. Other land uses surrounding
the proposed site of the hotel include the UCI Medical Center and governmental
facilities located across The City Drive, with the governmental facilities being
closer to the site of the hotels. Both of these uses are located at some distance
from the site of the hotel, with many buildings set back from the street frontage
of The City Drive.
3. The proposed hotel has been considered in relationship to its effect on the
community or neighborhood plan for the area in which it is located, in that the
General Plan designates that the area surrounding the project site be developed
with office space supported by other commercial uses, such as retail. The Block
at Orange has supported the office uses in the general area by providing dining
and entertainment options, and the hotel will further support the commercial
office space uses in the area by providing potential accommodations for business
travelers visiting the area.
4. The proposed hotel will advance and promote the general welfare by enhancing
the City of Orange as a retail, entertainment, and dining destination for City
residents and residents of surrounding areas. This will create a synergy of land
uses where residents and visitors can work, play and shop at one location. The
addition of the hotel will benefit the City by increasing out-of-
town visitors,enhancing the status of The Block at Orange and the City as a
destination, and creating an attractive 24-hour mixed-use atmosphere at
The Block at Orange.The land uses surrounding the proposed site of the
hotels are highly compatible with hotel uses, and the hotel will not lead to land use
conflicts or a
deterioration in bordering properties.SECTION
2 - ENVIRONMENTAL REVIEW Initial Study/Environmental Impact Report 1721-03 was
prepared in conjunction with the application for the Development Agreement between the City of
Orange and Orange City Mills Limited Partnership, and additional applications for
Conditional Use Permit 2461-03,2462-03, 2463-03, and Major
Site Plan Review 297-03 and 300-03. Additionally,Environmental Impact Report 1721-03
found that there is no evidence before the City of Orange that the proposal
will have any potential for adverse affects, either individually or cumulatively, on wildlife
resources or the habitat upon which the wildlife depends, therefore,the proposed development is found to have
a
de
SECTION 3 - CONDITIONS OF APPROVAL BE
IT FURTHER RESOLVED that the following conditions are imposed with approval:
General
1.
All site development and construction shall conform in substance and be maintained
in general conformance with plans labeled Exhibits A through G dated
December 15, 2003, for identification purposes) and as recommended for approval
by the Planning Commission and ultimately approved by the City Council.
2.
The applicant shall comply with all federal, state, and local laws, including all City
regulations. Violation of any of those laws in connection with the use will be
cause for revocation of this permit 3.
These conditions will be reprinted on the cover sheet or first page of construction
plans, including grading plans.4.
Prior to issuance of building permits for the 125-room hotel room associated
with this approval the applicant shall apply for and receive approval of a
Conditional Use Permit for a shared parking agreement.
5. Future development of the 125-room hotel site shall be subject to application
for a Major Site Plan Review to ensure that buildings are developed in
accordance with the Development Agreement by and between the City of Orange
and Orange City Mills Limited
Partnership.6. Within two (2) days of final approval of this project, the applicant shall
deliver to the Planning Division a cashiers check payable to the Orange County Clerk
in an amount required to fulfill the fee requirements of Fish and Game
Code Section711.4( d)(2) and the Coumty administrative fee, to enable the City to
file the Notice of Determination required under Public Resources Code 21152,
14 Cal. Code Regulations 15075. Since it has been determined that there will be
no impact upon wildlife resources, the fee shall be $43.
00.
Environmental Mitigation Measures as listed in Exhibit
H.Code
Provisions The following Code prOVlSlons are applicable to this project and are included
for information only. This is not a complete list, and other Code provisions may apply
to the
project:
The project approval includes certain fees, dedications, reservations, and/or other
exactions. Pursuant to California Government Code Section 66020, these
conditions or requirements constitute written notice: of the fees and/or a description
of the dedication, reservation, or other exaction. You are hereby notified that the
90-day protest period commencing from the date of approval of the project
has begun. If you fail to file a protest of regarding these conditions or requirements,
you are legally barred from later challenging such exactions per Section
66020.ADOPTED this 10th day of February,
2004.of
Orange
ATTEST:
ange I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City
of Orange at a regular meeting thereof held on the 10th day of February, 2004, by the
following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCILMEMBERS: Ambriz, Murphy,
Coontz,COUNCILMEMBERS: Alvarez,
Cavecche COUNCILMEMBERS:
None COUNCILMEMBERS:
None t<<.~~ ' {
5 Mary E. Murp~ity Clerk, City
range