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HomeMy WebLinkAbout20120813_2012-06_1441SVillageWayROH - 08/13/12 RESOLUTION NO. 2012-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-16 AS CONDITIONED TO ALLOW AN INDOOR SPORTS FACILITY IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT AND VARIANCE NO. 2012-05 AS CONDITIONED TO ALLOW A STRUCTURE AND SIGN THAT EXCEEDS THE MAXIMUM HEIGHT LIMITS FOR THE PROPERTY LOCATED AT 1441 SOUTH VILLAGE WAY BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2012- 16 to allow an indoor sports facility in the Light Industrial (M1) zoning district and Variance No. 2012-05 to allow a structure and sign that both • exceed the maximum height limits for the property located at 1441 South Village Way. B. Conditional Use Permit No. 2012-16 and Variance No. 2012-05 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on August 13, 2012. C. Santa Ana Municipal Code Section 41-472.5(s) allows indoor sports facilities in the M1 zoning district subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41-638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The indoor climbing facility will provide a service that will improve the general well being of the neighborhood and community by offering an opportunity for youth and adult recreation within an area of the City that is substantially underserved by existing parks and open space. Further, the business will provide additional employment opportunities for • residents of the City. Resolution No. 2012-06 Paqe 1 of 7 • 2. That the proposed use will under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed use will not be detrimental to persons residing or working in the area as the use is located in an area that is predominantly industrial in nature. Further, improvements will be made to bring the site into compliance with applicable disability act standards. Finally, conditions have been placed on the project to mitigate any negative impacts that could affect the health, safety or welfare of surrounding uses. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The site was previously vacant and is proposed to be occupied by a use consistent with the zoning for the property. The reuse of the site, in conjunction with the improvements to be made to the site, will enhance the economic viability of the area. 4. That the proposed use will comply with the regulations and is conditions specified in Chapter 41 for such use. The proposed use will be in compliance with all regulations and conditions of Chapter 41 (Zoning) of the Santa Ana Municipal Code. Site improvements are proposed to the parking lot that will bring the site into compliance with the Zoning Code. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. E. Variance No. 2012-05 (a) has been filed with the City of Santa Ana seeking to construct a fifty (50) foot tall structure in the M1 zoning district. Santa Ana Municipal Code Section 41-474 establishes the maximum height of buildings to thirty-five (35) feet in height in the Light Industrial (M1) zoning district. F. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning • Commission to grant a variance upon making certain findings. Resolution No. 2012-06 Pape 2 of 7 • 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project site has a special circumstance related to its size, shape and location. The project was constructed in the early 1970's as an industrial center. The buildings in the center were low scale, were intended to accommodate industrial users, and did not anticipate alternate uses such as indoor sports facilities. At the time the building was constructed the City's codes did not allow indoor sports facilities within industrial buildings, as such this type of building often need modification in order to accommodate this use. As rock climbing facilities need tall vertical structures that simulate natural environments and the building as constructed cannot achieve this without an increase in height, special circumstances exist that warrant a variance. Maintaining the building height at its current 20 foot height would affect the viability of the use at this location and would provide an undue hardship to the property owner. • 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Compliance with the height standard would significantly limit the building's viability as a rock climbing facility, which is a conditionally permitted use within the SAMC. Further, the granting of the height variance will preserve the property owners right to develop and lease a vacant industrial property with a use that is allowed in the zoning district. The new use will help to revitalize a vacant industrial property, which will preserve the property owners right to upgrade, develop and lease their property. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site will constructed and rehabilitated to comply with all applicable development standards except for the height and signage requirements. The proposed height of the portion of the building that would exceed the height limitation is 50 feet and • would not block access to light, air or obscure views Resolution No. 2012-06 Paqe 3 of 7 • Further, the project will be consistent with the objectives of the Indoor Sports Facility ordinance, which encourages the reuse of industrial properties for sports related uses such as climbing facilities. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan. The addition of an indoor climbing facility at this location supports several General Plan Policies, including Land Use Element Policy 1.8 which encourages the development of commercial recreational facilities, and Policy 2.2 which encourages development which accommodates the City's need for goods and services. This project will provide a much needed opportunity for recreation within an area of the City that is substantially underserved by the existing parks. G. Variance No. 2012-05 (b) has been filed with the City of Santa Ana seeking to install two (2) wall signs on the top level of the building approximately forty-seven (47) feet in height from the base of the building. Santa Ana Municipal Code Section 41-863(d)(1) limits the placement of wall signs to a maximum height of twenty (20) feet. H. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning • Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project site has a special circumstance related to its size, shape and location. The property is a 17 acre, irregularly shaped parcel that sits 20 to 25 feet below the adjacent Newport -Costa Mesa (SR -55) Freeway. Due to its location, approval to allow wall signs at the top level of the building will allow the facility to be visible to vehicles travelling the SR -55 Freeway. Therefore, special circumstances exist that warrant a sign variance. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. When constructed, the building was intended to • accommodate industrial uses and did not anticipate the need for commercial signage brought about by indoor sports Resolution No. 2012-06 Paqe 4 of 7 • facilities as conditionally permitted in the Industrial zones. Since the proposed use will be a regional attractor and has different signage needs than an industrial use, the granting of the signage variance will preserve the property owners right to develop and lease a vacant industrial property with a use that is allowed in the zoning district. The new use will help to revitalize a vacant industrial property which will preserve the property owners right to upgrade, develop and lease their property. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site are proposed to be rehabilitated to comply with all applicable development standards except for the height and signage requirements. Further, the signs will be consistent with the sign code and have been designed to not negatively affect the surrounding properties. The signage will not include any exposed neon or incorporate any type of flashing light or movement that could negatively affect traffic. The project will be consistent with the objectives of the Indoor Sports Facility ordinance, which encourages the reuse of industrial • properties for sports related uses such as climbing facilities. 4. That the granting of a variance will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan. The addition of an indoor climbing facility at this location supports several General Plan Policies, including Land Use Element Policy 1.8 which encourages the development of commercial recreational facilities, and Policy 2.2 which encourages development which accommodates the City's need for goods and services. This project will provide a much needed opportunity for recreation within an area of the City that is substantially underserved by the existing parks. I. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. Categorical Exemption Environmental Review No. 2012-41 will be filed for this project. Resolution No. 2012-06 Paqe 5 of 7 • Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves for the property located at 1441 South Village Way: 0 • 1. Conditional Use Permit No. 2012-16, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow an indoor sports facility in the M1 zoning district. 2. Variance No. 2012-05 (a), as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a structure that exceeds the maximum height limits in the M1 zoning district. 3. Variance No. 2012-05 (b), as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow signage that exceeds the maximum height limits. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated August 13, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of August, 2012 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Nalle, Yrarrazaval(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Turner (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Cgarvalho, City Attorney By:' Ryan / r ; G Eric Alderete Chairman Resolution No. 2012-06 Paqe 6 of 7 0 0 0 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 13, 2012 Date: Clerk of the Planning Cor�>�'ssio� City of Santa Ana Resolution No. 2012-06 Pape 7 of 7 EXHIBIT A • Conditions for Conditional Use Permit No 2012-16 Should the Planning Commission approve Conditional Use Permit No. 2012-16, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2012-11 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if • administrative relief is available or the variance must be amended. 3. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. B. Police Department 1. The existing building and required parking must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing projects lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 0 • EXHIBIT B Conditions for Variance No 2012-05 (a) Should the Planning Commission approve Variance No. 2012-05 (a), the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2012-11 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief • is available or the variance must be amended. 3. Signage shall comply with all provisions of the Santa Ana Municipal Code except for the location of the signs. The required sign permit shall be applied for and be approved prior to issuance of a certificate of occupancy. 4. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. B. Police Department 1. The existing building and required parking must conform with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing projects lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 0 • EXHIBIT C Conditions for Variance No 2012-05 (b) Should the Planning Commission approve Variance No. 2012-05 (b), the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2012-11 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief • is available or the variance must be amended. 3. Signage shall comply with all provisions of the Santa Ana Municipal Code except for the location of the signs. The required sign permit shall be applied for and be approved prior to issuance of a certificate of occupancy. 4. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. B. Police Department 1. The existing building and required parking must conform with the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing projects lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters.