TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Richard Thompson, Community Development Director
Laurie Jester, Planning Manager
SUBJECT:Title
Pursuant to City Council Direction on September 2, 2014, adopt Resolution No. 14-0064 Conditionally Approving a Master Use Permit Amendment to Allow the Shade Hotel to Modify Hotel Associated Services such as the Service of Food and Alcohol; Conduct Special Events on its Terrace; Modify its Marketing; and Install Noise Mitigation Measures (CEQA Categorical Exemption) (Community Development Director Thompson).
ADOPT RESOLUTION
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 14-0064 to amend the Metlox Master Use Permit subject to conditions.
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
The Shade Hotel is a 38-room hotel that is part of the Metlox project that was approved by the City Council through a Master Use Permit in July 2002. An Amendment to the Master Use Permit for the Shade Hotel was approved in 2005. Manhattan Inn Operating Company, LLC ("Applicant") seeks City approval of an amendment to the Master Use Permit. After the Planning Commission approved the application in May 2014, its decision was appealed. The City Council held a public hearing on September 2, 2014 and after public input, discussion and deliberations, directed staff (5:0) to prepare a Resolution amending the Master Use Permit subject to conditions.
DISCUSSION:
The Planning Commission's Resolution approved the application, subject to numerous conditions. After the close of the September 2 public hearing, the Council directed staff to draft a resolution approving the application, subject to not only the Planning Commission conditions but the following conditions:
A- Establishment of operating hours in the conference room known as the "Green Room." See Conditions 18 C) and 19 where the Conference (Green) Room was added to the indoor public area list so that the closing time will be regulated the same as the Zinc bar and Lobby, with operation hours of 6 AM to 12 AM (midnight) daily.
B- Requiring a hearing before the City Council within six months after the noise mitigation measures are installed to review the efficacy of such measures. See Condition 35, which requires a City Council hearing within 6 months after the completion of the improvements to review the implementation and conformance with conditions. At that time the Applicant may request additional hours for the Terrace.
C- A stipulation by the Applicant that he agrees to all of the conditions and that the noise mitigation measures will be timely installed. The Applicant so stipulated, on the record, provided that he could apply for an increase in hours in the event the noise mitigation measures are effective. See Condition 37. He also stated for the record that he anticipated that, if the Council approved this Amendment, he could complete installation of the noise mitigation measures in five months.
Such Council direction is reflected in Section 7 of the Resolution. Please note that some of the conditions found in the Commission Resolution have been rephrased in a non-substantive manner to achieve internal consistency and consistency with Council direction.
CONCLUSION:
Staff recommends that the City Council adopt Resolution 14-0064 denying the appeal and upholding the Planning Commission decision to amend the Master Use Permit subject to modified conditions.
ATTACHMENTS:
1. Draft Resolution No. RES 14-0064
2. Shade Plans- August 4, 2014