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RES-9812 Conditional Use Permit Aproval for 175-Room HotelRESOLUTION NO. 9812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING CONDITIONAL USE PERMIT 2462-03 TO ALLOW A 175-ROOM HOTEL UPON PROPERTY LOCATED WEST OF THE CITY DRIVE BETWEEN CHAPMAN AVENUE AND METROPOLITAN nRIVE APPLICANT: THE MILLS CORPORATION WHEREAS, Conditional Use Permit 2462-03 was filed by The Mills Corporation in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit 2462-03 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) ] 721-03, 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) ,md 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 2462-03.NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE that Conditional Use Permit 2462-03 to allow a 175-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 !be 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 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 Ilses 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 le:ad 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 Permits 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 propo sed development is found to have a de SE,CTION 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 confonuance 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 175-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 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 betwE:en 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 Section 711.4(d)(2) and the County administrative fee, to enable the City to file the Notice of Determination requifE:dlmder 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 provisions 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: 3 J 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.M:!1~~h~MaY , ltyofOrange ATTEST:Ma~ u 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 Z~Mary E. Mmph;ytity Clerk, City of~ ge