HomeMy WebLinkAboutItem 1STAFF REPORT
Development Services Department
March 27, 2012
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUBJECT: Conditional Use Permit Application No. CUP 12 -02 to amend CUP 97 -002
to revise the operational conditions of approval for the Extended Stay
America hotel in the Commercial Planned Development (CPD -1) zone at
401 E. Santa Clara Street
SUMMARY
Conditional Use Permit Application No. CUP 12 -02 was filed by Mr. Timothy B.
McOsker, an attorney with the firm, Mayer Brown, LLP. He is representing the hotel
management company, HVM, LLC ( "Applicant "), which operates the Extended Stay
America Hotel at 401 E. Santa Clara Street. An aerial photo of the site with zoning
information is attached. In order to clarify the method of applying the City's transient
occupancy tax, the Applicant is requesting to revise the operational conditions of
approval of the original Conditional Use Permit (CUP 97 -002 / Resolution No. 1545 —
attached) by which the existing hotel was approved. Specifically, CUP 97 -002 included
a condition requiring lodgers to re- register every 30 days in the event their stays
exceeded 30 consecutive days. The revised conditions proposed by the Applicant will
delete this language and simply provide that the hotel will have to comply with the City's
existing transient occupancy tax regulations (TOT), even if later amended. As you may
be aware, a revised version of the City's TOT regulations has been placed on the April
10, 2012 ballot. That ballot initiative would allow the City to extend the period of
occupancy subject to the TOT from 30 days to 90 days. Thus, if that ballot initiative is
approved and CUP 12 -02 is approved, the Applicant will have to comply with the new
TOT regulations. The Development Services Department is recommending approval of
this application.
GENERAL INFORMATION
APPLICANT: Mr. Timothy B. McOsker of Mayer Brown, LLP
Representing the property manager, HVM LLC
LOCATION: 401 E. Santa Clara Street — Extended Stay America Hotel
REQUEST: To amend Conditional Use Permit No. CUP 97 -002 (Arcadia Planning
Commission Resolution No. 1545) to revise the operational conditions of
approval
SITE AREA: 2.38 acres (103,673 square feet)
FRONTAGE: Approximately 90 feet along E. Santa Clara Street
EXISTING LAND USE & ZONING:
The site is currently developed with a three -story, 122 studio -room hotel
constructed in 1998. The property is zoned CPD -1, Commercial
Planned Development.
SURROUNDING LAND USES & ZONING:
North: 210 /Foothill Freeway — unzoned
South: Hotel & Medical Offices — zoned CPD -1
East: Two -story, R &D facility — zoned CPD -1
West: Santa Anita Wash, Three -story Office Building, & City Reservoir
— zoned S -2 (Public Purpose), CPD -1, & S -2, respectively
GENERAL PLAN DESIGNATION:
Commercial (0.5 FAR) — The Commercial designation is intended to
permit a wide range of commercial uses which serve both neighborhood
and citywide markets. The designation allows a broad array of
commercial enterprises, including restaurants, durable goods sales, food
stores, lodging, professional offices, specialty shops, indoor and outdoor
recreational facilities, and entertainment uses.
PUBLIC HEARING NOTIFICATION
Public hearing notices for CUP 12 -02 were mailed on March 16, 2012 to the owners and
occupants of those properties that are located within 300 feet of the subject property —
see the attached radius map. Because staff considers the proposed project exempt from
the requirements of the California Environmental Quality Act (CEQA) the public hearing
notice was not published in a local newspaper.
BACKGROUND INFORMATION
The site is developed with a three -story, 122 studio -room hotel constructed in 1998
(See the attached photos and plans). The hotel use was developed in cooperation with
the Arcadia Redevelopment Agency and approved by Conditional Use Permit No. CUP
97 -002. The conditions of approval were formerly imposed by the adoption of Planning
CUP 12 -02
Extended Stay America
401 E. Santa Clara Street
March 27, 2012 — page 2
Commission Resolution No. 1545 (attached). At issue is the second sentence
(underlined) of condition no. 2, which reads as follows:
2. CUP 97 -002 is specifically for a transient hotel use. Guest occupants
shall re- register every 30 -days in the event that their length of stay will exceed
30 consecutive days. The applicant and property owner shall execute and
record a legal instrument precluding conversion of the project into a residential
use. This legal instrument shall be prepared by and approved by the City
Attorney.
Extended Stay America is currently involved in litigation relating to this condition (Alex
Spencer et. al v. HVM LLC Management Co. dba Extended Stay Hotels, et al.) As a
means of clarifying this condition and resolving the legal dispute, the Applicant is
proposing this amendment.
PROPOSAL AND ANALYSIS
The applicant is proposing to revise condition no. 2 of Resolution No. 1545 (CUP 97-
002) to maintain the City's restriction that this use remain a hotel and not become
permanent housing, and stipulate that the transient occupancy tax be collected as
provided for by law. The revision will also necessitate that the legal instrument that was
executed and recorded as called for by the original condition no. 2 be revised as well;
and wording is included to effectuate that. The proposed new condition would read as
follows:
2. CUP 97 -002 is specifically for a transient hotel use only. The hotel
shall not be used for permanent housing. The Operator shall collect and remit
the Transient Occupancy Tax to the fullest extent authorized by law, as may
be amended from time to time. The applicant shall execute and record a legal
instrument precluding conversion of the project into a residential use.
Reasonable expenses and costs in connection with preparation of the legal
instrument shall be paid for by the Applicant, and the legal instrument shall be
prepared by and approved by the City Attorney.
Additionally, because this hotel was developed in cooperation with the Arcadia
Redevelopment Agency (Agency) a Disposition and Development Agreement (DDA)
was executed between the Agency and the hotel developer. The DDA reiterated the
restriction on converting the hotel to permanent housing, and also included provisions
that clarified the applicability of the Conditional Use Permit to any subsequent hotels,
and that the Agency be notified of any sale or transfer of any part of the ownership or
improvements of the hotel. The DDA also included provisions regarding the quality of
the hotel and the maintenance of the improvements. During the legal dispute and the
discussions for its resolution, the prospect of the elimination of redevelopment arose,
and in anticipation of any ramifications of that, the City Attorney is proposing the
following two (2) new conditions to reiterate those provisions of the DDA:
CUP 12 -02
Extended Stay America
401 E. Santa Clara Street
March 27, 2012 — page 3
8. This Conditional Use permit applies to all subsequent hotel uses. The
applicant may not assign or attempt to assign the authorized uses on the
property, nor make any total or partial sale, transfer, conveyance or
assignment of the whole or any part of the Extended Stay America Hotel use
or the improvements thereon, without notification to the Redevelopment
Agency, or its successor entity, and without informing subsequent purchasers
or operators of the requirements of this CUP.
9. The applicant covenants and agrees for itself, its successors, its
assigns and all voluntary and involuntary successors in interest to the subject
parcel, project, or any part thereof, that (i) such use shall be for a quality
reputable extended stay hotel, including ancillary uses located within the hotel
(ii) the subject property and exterior (including all landscaped areas) and
interior portions of the Project shall be maintained in a first -class condition and
in accordance with the standards of the City's municipal code; (iii) the project
shall be marketed and advertised to the business community and shall provide
weekly maid service; and (iv) neither the project nor subject parcel shall be
used for permanent housing.
Lastly, and in order to protect the City's interests in this matter the City proposes the
addition of an indemnification clause that protects the City from the current litigation
between the plaintiffs and Extended Stay. That condition would provide that the CUP
amendment becomes applicable only if two (2) conditions are satisfied. The condition
would read as follows:
10. This approval shall not be effective unless and until;
A. The Applicant, or their successor in interest, executes an agreement
with the City of Arcadia agreeing to indemnify and hold harmless the City, its
officials, officers, agents and employees ( "City Parties ") from, any and all
actions, suits, claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities, that have been asserted
in the matter of Alex Spencer, et al. v. HVM L.L.C. Management Co. d /b /a
Extended Stay Hotels, et al., Los Angeles Superior Court Case No. GC047629
or that may be asserted or claimed in the future by any person, firm or entity
arising out of or in connection with an appeal of that matter or this CUP
Amendment (hereinafter "Indemnified Claims and Liabilities "). At a minimum,
such indemnity shall include the following:
1. Applicant shall defend and pay for any current and future action or
actions filed in connection with any of said Indemnified Claims and Liabilities
and will pay all costs and expenses, including legal costs and attorneys' fees
incurred in connection therewith;
2. Applicant shall promptly pay any judgment rendered against the City
and Applicant for any such Indemnified Claims and Liabilities; and Applicant
shall save and hold the City and the City Parties harmless therefrom; and
CUP 12 -02
Extended Stay America
401 E. Santa Clara Street
March 27, 2012 — page 4
3. To the extent the City is or is made a party to any action or proceeding
filed or prosecuted against the Applicant for such Indemnified Claims and
Liabilities, Applicant shall pay to the City any and all costs and expenses
incurred by the City in such action or proceeding, including but not limited to,
legal costs and attorneys' fees; or
B. There is final disposition in the matter of Alex Spencer, et al. v. HVM
L.L.C. Management Co. d /b /a Extended Stay Hotels, et al., Los Angeles
Superior Court Case No. GC047629 in the form of an executed settlement
agreement among all of the parties to the case or judgment issued in favor of
the plaintiffs.
The existing hotel is compatible with the other uses in the area, and is consistent with
the CPD -1 Zoning and the General Plan's Commercial designation of the property. The
new conditions will not affect this compatibility or consistency. The proposed revised
conditions have been reviewed by the City Attorney and have been found to be
acceptable. Indeed the revised conditions will protect the City, reinforce the original
conditions of approval that this hotel, while approved for extended stays, will not provide
permanent housing, and that it will be maintained to the high standards called for by the
DDA and the City's property maintenance requirements.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, emergency equipment, water supply, drainage, and waste and pollution control
are being complied with to the satisfaction of the Building Official, City Engineer, Fire
Marshal, and Public Works Services Director.
CEQA
Because no physical alterations to the property are proposed or necessary, this project
is categorically exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15301 of the CEQA Guidelines for the operations of an
existing facility. A Notice of Exemption is attached.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
1. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare or injurious to the property or improvements in such zone or
vicinity. The proposed revisions to the operational conditions of approval are
consistent with the intended and existing commercial use of the property and will
not have any adverse impacts to the neighboring businesses or properties.
CUP 12 -02
Extended Stay America
401 E. Santa Clara Street
March 27, 2012 — page 5
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. Per Sections 9260.1.12.7 and 9275.1.50 of
the Arcadia Municipal Code, hotels are allowed in the CPD -1 zone subject to the
approval of a Conditional Use Permit. The existing hotel was approved by
Conditional Use Permit No. CUP 97 -002 (Resolution No. 1545).
3. That the site for the proposed use is adequate in size and shape to accommodate
said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and
other features required to adjust said use with the land and uses in the
neighborhood. The site is adequate for existing hotel. Any necessary adjustments
to the existing facility since its development have been readily accommodated.
4. That the site abuts streets and highways adequate in width and pavement type to
carry the kind of traffic generated by the proposed use. The site is accessed via
East Santa Clara Street, which is a collector street with two, undivided traffic lanes;
one in each direction, and is adequate for the traffic demand of the existing use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The existing hotel is a commercial use that is
consistent with the General Plan Land Use Designation of the site.
It is staff's opinion that the existing hotel and the proposed operational revisions satisfy
each of the above prerequisite findings.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 12 -02 to revise the conditions of approval of CUP 97 -002
and Resolution No. 1545.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this project, the Commission should
move to approve Conditional Use Permit Application No. CUP 12 -02 and adopt the
attached Resolution No. 1851, which states that the project satisfies the requirements
for a Conditional Use Permit, and incorporates the Commission's decision, specific
findings, and revised conditions of approval.
Denial
If the Planning Commission intends to deny this project, the Commission should move
to deny Conditional Use Permit Application No. CUP 12 -02; state the finding(s) that the
proposal does not satisfy with reasons based on the record, and direct staff to prepare a
resolution incorporating the Commission's decision and specific findings for adoption at
the next meeting.
CUP 12 -02
Extended Stay America
401 E. Santa Clara Street
March 27, 2012 — page 6
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the March 27, 2012 public hearing, please contact
Assistant Planner, Tim Schwehr at (626) 574 -5422, or at tschwehrci.arcadia.ca.us.
Approved by:
C
Ji Kasama
Community Development Administrator
Attachments: Aerial Photo and Vicinity Map with Zoning Information
Resolution No. 1545 (CUP 97 -002)
300 -foot Radius Map
Photos of Subject Property
Plans of Existing Facility
Notice of Exemption
Resolution No. 1851
CUP 12 -02
Extended Stay America
401 E. Santa Clara Street
March 27, 2012 — page 7
;:.210 :Freeway
Subject
Property
E. Santa Clara Street
)FAR
0.1FoRivi
401 E. Santa Clara Street
CUP 12 -02
RESOLUTION NO. 1545
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE
PERMIT NO. CUP 97 -002 FOR A THREE- STORY, 122 STUDIO -
ROOM HOTEL AT 40I EAST SANTA CLARA STREET.
WHEREAS, on February 12, 1997, an application was filed by Mr. Sig Raulinaitis
of Extended Stay America, Inc. for a three -story, 122 studio -room hotel, Development
Services Department Case No. CUP 97 -002, to be located on a site on the north side of
East Santa Clara Street bounded on the west side by the Santa Anita Wash, on the north
side by the Foothill Freeway, and on the east side by a one -acre vacant remainder parcel,
which property is commonly known as 401 East Santa Clara Street, and more particularly
described in Exhibit "A ".
WHEREAS, a. public hearing was held on March 25, 1997, at which time all
interested persons were given full opportunity to be heard and to present evidence;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the attached staff report-are true and correct.
SECTION 2. This Commission finds:
A. That the evaluation of the environmental impacts as set forth in the initial
study are appropriate and that the project will have no significant effect upon the
environment within the meaning of the California Environmental Quality Act of 1970,
and, when considering the project as a whole, there was no evidence before the City that
the proposed project would have any potentially adverse effect on wildlife resources or the
habitat upon which wildlife depends, and therefore, the Negative Declaration was
approved.
B. That the granting of the Conditional Use Permit will not be detrimental to the
public health or welfare, nor injurious to the property or improvements in such zone or
vicinity in which the property is located.
C. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
D. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, .spaces, walls, fences, parking, loading, landscaping,
and other features required to adjust said use with the land and uses in the neighborhood.
E. That the site abuts streets and highways adequate in width and pavement type
to carry the kind of traffic generated by the proposed use.
F. That the granting of the Conditional Use Permit will not adversely affect the
comprehensive general plan.
SECTION 3. That for the foregoing reasons this Commission grants a
Conditional Use Permit for a three -story, 122 studio -room hotel upon the following
conditions:
1. The hotel, accessory improvements, and the site shall be maintained and
operated in a manner that is consistent with the proposal and plans submitted and
approved for CUP 97 -002, and shall include, but not be limited to, the following
provisions:
a. 24 -hour, on -site management shall be .provided;
b. Fencing and other enclosures on the property shall be wrought iron or
masonry with a decorative finish, except for the fencing along the freeway right -of -way.
c. A detailed landscaping and irrigation plan shall be prepared for both the
project site and the remainder parcel by a licensed landscape architect and shall be subject
to approval by the Development Services. Department.
2. CUP 97 -002 is specifically for a transient hotel use. Guest occupants shall re-
register every 30 -days in the event that their length of stay will exceed 30 consecutive
days. The applicant and property owner shall execute and record a legal instrument
1545
precluding conversion of the project into a residential use. This legal instrument shall be
prepared by and approved by the City Attorney.
3. The items listed in the August 28, 1996 memorandum from the Acting City
Engineer are to be complied with to the satisfaction of the Engineering Division including .
the revisions indicated on the response dated February 25, 1997.
4. All local code requirements regarding accessibility, fire protection,
occupancy, and safety shall be complied with to the satisfaction of Building Services and
the Fire Department.
5. Water services, as listed in the February 27, 1997 memorandum from the
Maintenance Services Division shall be complied with to the satisfaction of the Arcadia
Water Division.
6. Approval of CUP 97 -002 shall not take effect until the property owner and
applicant have executed and filed the Acceptance Form from the Development Services
Department to indicate acceptance of the conditions of approval.
7. All conditions of approval shall be complied with prior to completion and
'occupancy of the hotel. Noncompliance with the plans and conditions of CUP 97 -002
shall constitute grounds for suspension and/or revocation of any approvals in accordance
with Section 9275.2.15 of the Arcadia Municipal Code, which could result in a temporary
and/or permanent closing of the hotel.
SECTION 4. The decision, findings.and conditions of approval contained in this
Resolution reflect the Planning Commission's action of March 25, 1997 by the following
vote:
AYES: .Commissioners Bell, Bruckner, Huang, Kalemkiarian, Murphy and Sleeter
NOES: None
ABSENT: None
ABSTAIN: None
- 3 - 1545
SECTION 5. The Secretary shall certify to the adoption of this Resolution and
shall cause a copy to be forwarded to the City Council of the City of Arcadia.
I HEREBY CERTIFY that the foregoing Resolution No. 1545 was adopted at a
regular meeting of the Planning Commission held on the 8th day of April, 1997 by the
following vote:
AYES: Commissioners. Huang, Kalemkiarian,.Murphy and Sleeter
NOES: None
ABSENT: Commissioners Bell and Bruckner
ABSTAIN: None
ATTEST:
Secretary, Planning Commission
City of Arcadia
APPROVED AS TO FORM:
Michael H.fMil er, City Attorney
City of Arcadia
irman, Planning Commission
ity of Arcadia
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SOUTHEAST ELEVATION
ON.C11.01.010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
NOTICE OF EXEMPTION
TO:
Clerk of the Board of Supervisors
or
County Clerk
County of: Los Angeles
FROM: City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91007
1. Project Title:
Conditional Use Permit No. CUP 12 -02
2. Project Location — Identify street address and
cross streets or attach a map showing project site
(preferably a USGS 15' or 7 1/2' topographical
map identified by quadrangle name):
401 E. Santa Clara Street - Extended Stay America
between N. Second Avenue and N. Fifth Avenue
3. (a) Project Location — City:
Arcadia
(b) Project Location — County:
Los Angeles
Description of nature, purpose, and beneficiaries
of Project:
Amendment to an existing Conditional Use Permit (CUP
97 -002) to revise the operational conditions of approval -
benefits the hotel at this location and the City of Arcadia
Name of Public Agency approving project:
Arcadia Planning Commission
6. Name of Person or Agency carrying out project:
HVM, LLC - Property Owner
Exempt status: (check one)
(a) ❑ Ministerial project.
(b) ❑ Not a project.
(c) ❑ Emergency Project.
(d) ❑ Categorical Exemption.
State type and class number: Operations of an existing facility - Class 1 (Section 15301)
(e) LJ Declared Emergency.
(f) U Statutory Exemption.
State Code section number:
(g) ❑ Other. Explanation:
Reason why project was exempt:
Involves the operations of an existing facility - Class 1
Categorical Exemption
9. Contact Person:
Jim Kasama, Community Development Administrator
Telephone:
(626) 574 -5423
10. Attach Preliminary Exemption Assessment (Form "A ") before filing.
Date Received for Filing:
(Clerk Stamp Here)
Notice of Exemption \2011
"du- (L -'d • gency Representative)
f�L /onGthily Ale -1(p 0904- A/rrNi /rt/S11-4l'
FORM "B"
RESOLUTION NO. 1851
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 12 -02 TO REVISE THE OPERATIONAL CONDITIONS OF
APPROVAL OF THE CONDITIONAL USE PERMIT (CUP 97 -002/
RESOLUTION NO. 1545) THAT APPROVED THE EXISTING HOTEL AT
401 EAST SANTA CLARA STREET.
WHEREAS, on February 17, 2012, an application was filed by Timothy B.
McOsker of Mayer Brown LLP as representative for the applicant, HVM L.L.C. to revise
the operational conditions of approval of Conditional Use Permit No. 97 -002 (Planning
Commission Resolution No. 1545) that approved the existing, three -story, 122 studio -
room hotel that was constructed in 1998 at 401 East Santa Clara Street, Development
Services Department Case No. CUP 12 -02; and
WHEREAS, a public hearing was held by the Planning Commission on March 27,
2012, at which time all interested persons were given full opportunity to be heard and to
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the staff report dated March 27, 2012 are true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Conditional Use Permit will not be detrimental to
the public health or welfare or injurious to the property or improvements in such zone or
vicinity. The proposed revisions to the operational conditions of approval are consistent
with the intended and existing commercial use of the property and will not have any
adverse impacts to the neighboring businesses or properties.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. Per Sections 9260.1.12.7 and 9275.1.50 of the
Arcadia Municipal Code, hotels are allowed in the CPD -1 zone subject to the approval
of a Conditional Use Permit. The existing hotel was approved by Conditional Use
Permit No. CUP 97 -002 (Planning Commission Resolution No. 1545).
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking, loading,
landscaping, and other features required to adjust said use with the land and uses in the
neighborhood. The site is adequate for the existing hotel. Any necessary adjustments
to the existing facility since its development have been readily accommodated.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use. The site is accessed via
East Santa Clara Street, which is a collector street with two, undivided traffic lanes; one
in each direction, and is adequate for the traffic demand of the existing use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The existing hotel is a commercial use that is consistent
with the General Plan Land Use Designation of the site.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 12 -02 to revise the operational conditions of approval
of Conditional Use Permit No. 97 -002 (Planning Commission Resolution No. 1545) for
the existing, three -story, 122 studio -room hotel at 401 East Santa Clara Street; such
that the conditions are now as follows:
1. The hotel, accessory improvements, and the site shall be maintained and
operated in a manner that is consistent with the proposal and plans submitted and
- 2 1851
approved for CUP 97 -002, and shall include, but not be limited to, the following
provisions:
a. 24 -hour, on -site management shall be provided;
b. Fencing and other enclosures on the property shall be wrought iron or
masonry with a decorative finish, except for the fencing along the freeway right -of -way;
c. A detailed landscaping and irrigation plan shall be prepared for both the
project site and the remainder parcel by a licensed landscape architect and shall be
subject to approval by the Development Services Department. (This condition has been
satisfied.)
2. CUP 97 -002 is specifically for a transient hotel use only. The hotel shall not
be used for permanent housing. The operator shall collect and remit the Transient
Occupancy Tax to the fullest extent authorized by law, as may be amended from time to
time. The applicant shall execute and record a legal instrument precluding conversion
of the project into a residential use. Reasonable expenses and costs in connection with
the preparation of the legal instrument shall be paid for by the Applicant, and the legal
instrument shall be prepared by and approved by the City Attorney.
3. The items listed in the August 28, 1996 memorandum from the Acting City
Engineer are to be complied with to the satisfaction of the Engineering Division,
including the revisions indicated on the response dated February 25, 1997. (This
condition has been satisfied.)
4. All local code requirements regarding accessibility, fire protection,
occupancy, and safety shall be complied with to the satisfaction of Building Services
and the Fire Department.
3 1851
5. Water services, as listed in the February 27, 1997 memorandum from the
Maintenance Services Division shall be complied with to the satisfaction of the Arcadia
Water Division. (This condition has been satisfied.)
6. Approval of the amendments to CUP 97 -002 shall not take effect until the
property owner and applicant have executed and filed the Acceptance Form from the
Development Services Department to indicate acceptance of the conditions of approval.
7. All conditions of approval shall be complied with and maintained at all times.
Noncompliance with the plans and conditions of CUP 12 -02 shall constitute grounds for
suspension and /or revocation of any approvals in accordance with Section 9275.2.15 of
the Arcadia Municipal Code, which could result in a temporary and /or permanent closing
of the hotel.
8. This Conditional Use Permit applies to all subsequent hotel uses. The
applicant may not assign or attempt to assign the authorized uses on the property, nor
make any total or partial sale, transfer, conveyance or assignment of the whole or any
part of the Extended Stay America Hotel use or the improvements thereon, without
notification to the Arcadia Redevelopment Agency, or its successor entity, and without
informing subsequent purchasers or operators of the requirements of this Conditional
Use Permit.
9. The applicant covenants and agrees for itself, its successors, its assigns and
all voluntary and involuntary successors in interest to the subject parcel, project, or any
part thereof, that (i) such use shall be for a quality reputable extended stay hotel,
including ancillary uses located within the hotel; (ii) the subject property and exterior
(including all landscaped areas) and interior portions of the project shall be maintained
in a first -class condition and in accordance with the standards of the City's municipal
4 1851
code; (iii) the project shall be marketed and advertised to the business community and
shall provide weekly maid service; and (iv) neither the project nor subject parcel shall be
used for permanent housing.
10. This approval shall not be effective unless and until;
A. The Applicant, or their successor in interest, executes an agreement with the
City of Arcadia agreeing to indemnify and hold harmless the City, its officials, officers,
agents and employees ( "City Parties ") from, any and all actions, suits, claims, damages
to persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities, that have been asserted in the matter of Alex Spencer, et al. v. HVM L.L.C.
Management Co. d /b /a Extended Stay Hotels, et al., Los Angeles Superior Court Case
No. GC047629 or that may be asserted or claimed in the future by any person, firm or
entity arising out of or in connection with an appeal of that matter or this CUP
Amendment (hereinafter "Indemnified Claims and Liabilities "). At a minimum, such
indemnity shall include the following:
1. Applicant shall defend and pay for any current and future action or actions
filed in connection with any of said Indemnified Claims and Liabilities and will pay all
costs and expenses, including legal costs and attorneys' fees incurred in connection
therewith;
2. Applicant shall promptly pay any judgment rendered against the City and
Applicant for any such Indemnified Claims and Liabilities; and Applicant shall save and
hold the City and the City Parties harmless therefrom; and
3. To the extent the City is or is made a party to any action or proceeding filed
or prosecuted against the Applicant for such Indemnified Claims and Liabilities,
Applicant shall pay to the City any and all costs and expenses incurred by the City in
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such action or proceeding, including but not limited to, legal costs and attorneys' fees;
or
B. There is final disposition in the matter of Alex Spencer, et al. v. HVM L.L.C.
Management Co. d /b /a Extended Stay Hotels, et al., Los Angeles Superior Court Case
No. GC047629 in the form of an executed settlement agreement among all of the
parties to the case or judgment issued in favor of the plaintiffs.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of , 2012.
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
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