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Home My WebLink AboutNS-2776 - Amending Chapter 41 of Santa Ana Municipal Code Adding Standards for Indoor Sport Facilities ORDINANCE NO. NS-2776 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING STANDARDS FOR INDOOR SPORT FACILITIES (ZOA 2008-03) THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS FOllOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana has received an increasing number of inquiries regarding the opportunity to locate indoor sports facilities in the Light Industrial (M-1) Zone. B. The addition of recreational uses in the Light Industrial zone will benefit the community by augmenting the already constrained public park system by providing residents with additional opportunities to exercise and recreate. C. On July 28, 2008, the Planning Commission held a duly noticed public hearing and by a vote of 6:0 (Alderete absent) voted to recommend that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2008- 127 and to amend the Santa Ana Municipal Code, Chapter 41 to allow indoor sports facilities within the Light Industrial (M-1) zoning district. D. On August 18, 2008, the City Council held a duly noticed public hearing regarding approving and adopting Negative Declaration for Environmental Review No. 2008- 127 and Zoning Ordinance Amendment No. 2008-03 to amend the Santa Ana Municipal Code, Chapter 41 to allow indoor sports facilities within the Light Industrial (M-1) zoning district. Section 2. The City Council has reviewed and considered the information contained in the initial study and Negative Declaration No. 2008-127 prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. Section 41-67.9 is hereby added to the Code to read as follows: Ordinance No. NS-2776 Page 1 of 5 Sec. 41-67.9 Health clubs and gymnasiums. A health club and gymnasium shall mean a commercial facility providing instruction and equipment designed to promote or improve the health of the clients. Section 4. Section 41-79.2 is hereby added to the Code to read as follows: Sec. 41-79.2 Indoor sport facility. Indoor sport facility shall mean the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. Examples of indoor sport facilities include, but are not limited to physical or recreational activities requiring a large floor area such as: soccer fields, go-cart racing, batting cages, bowling alleys, or rock climbing. "Indoor sport facility" shall not include cyber cafes as defined by Section 41-45; gymnasium or health club as defined under Section 41-67.9; recreational or entertainment uses defined under Section 41-142; or slot car or radio controlled vehicles tracks. Section 5. Section 41-472.5 is hereby amended to read as follows: Sec. 41-472.5. Uses subject to a conditional use permit in the M1 district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. Ordinance No. NS-2776 Page 2 of 5 (i) Freight, bus and truck terminal. G) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (I) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards setforth in section 41-199.1. (0) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Indoor sport facility, subject to development and operational standards set forth in section 41-482. Section 6. Section 41-482 is hereby added to the Code to read as follows: Sec. 41-482. Indoor sport facility in the M1 District. In addition to the provisions of this chapter, indoor sport facilities shall comply with the following development and operational standards: Ordinance No. NS-2776 Page 3 of 5 (b) (c) (d) (e) Section 7. follows: (a) All business activities shall by conducted and located within an enclosed structure. Any outdoor storage of equipment or materials shall be fully screened by a decorative masonry block wall. No indoor sport facility shall operate before 7:00 a.m. or after 10:00 p.m. on any day of the week. Ancillary uses including: meeting rooms, snack bars and equipment rental or sales are permitted within an indoor sport facility provided that their gross floor area of the ancillary use does not exceed 20% of the total building area. Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation. Chapter 41, Article XV, Division 4 is hereby amended to read as DIVISION 4. ENTERTAINMENT AND RECREATIONAL USES AND INDOOR SPORT FACILITIES Section 8. Sec. 41-1380. Section 41-1380 is hereby added to the Code to read as follows: Unspecified entertainment or recreation uses or indoor sport facilities. (a) The minimum off-street parking requirement for any entertainment or recreation use or indoor sport facility which cannot reasonably be considered within the scope of any other section within this division are as follows: two (2) spaces for each one thousand (1000) square feet of gross floor area, but in no case shall the parking be less than twenty (20) spaces. (b) The planning director shall determine which entertainment or recreation uses or indoor sport facilities are reasonably within another section of this division or are subject to the parking requirements of this section. Such determination may be appealed to the planning commission and the city council. Section 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-2776 Page 4 of 5 Section 10. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this 2nd day of Seotember, 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers: Alvarez. Benavides. Bustamante. Martinez. Pulido. Sarmiento. Tinaiero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2776 to be the original ordinance adopted by the City Council of the City of Santa Ana on Seotember 2. 2008, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. I Patricia E. Healy Clerk of the Council City of Santa Ana Date: :;;{0;; ') ~ Ordinance No. NS-2776 Page 5 of 5