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HomeMy WebLinkAbout1851RESOLUTION 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, and a continued public hearing was held by the Planning Commission on April 24, 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 reports dated March 27, 2012 and April 24, 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. 2 1851 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 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 3 1851 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. 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 4 1851 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 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. The applicant shall defend, indemnify, and hold harmless the City of Arcadia, its agents, officers or employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul this approval and modification of the subject application whether such challenge is against the City, its legislative body, advisory agencies or administrative officers. The City will promptly notify the applicant of any such claim, action or proceeding against the City and the applicant will either undertake defense of the matter and pay the City's associated reasonable legal costs, or will advance funds to pay for defense of the matter by the City 5 1851 Attorney. A decision to undertake the defense of the matter shall be at the sole and absolute discretion of the City of Arcadia. While this indemnification provision does not apply to any claim arising or case filed prior to this application, INCLUDING THE SPENCER MATTER DESCRIBED BELOW, applicant further agrees that this provision shall not be construed as a limitation on the applicant and the City later entering into an indemnification, defense, or other mutual agreement relating to the matter of Alex Spencer, et al. v. HVM L.L.C. Management Co. d /b /a Extended Stay Hotels, et al., Los Angeles County Superior Court Case No. GC047629. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 24th day of April, 2012. ATTEST: Secret' rSi, Planning Commission APPROVED AS TO FORM: Cr-tqae,, P. -,crAJ Stephen P. Deitsch, City Attorney Chairman, Planning Commission 6 1851 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1851 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 24th day of April, 2012 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Beranek, Chiao, Parrille and Baerg NOES: None tary of the Planning Commission