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HomeMy WebLinkAbout31A - CUP - 1441 SOUTH VILLAGE WAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2012-16 AND VARIANCE NO. 2012-05 TO PERMIT AN INDOOR SPORTS FACILITY THAT EXCEEDS THE ALLOWABLE BUILDING AND SIGN HEIGHT AT 1441 SOUTH VILLAGE WAY - SENDER ONE CLIMBING LLC, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s1 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2012-16 as conditioned and Variance No. 2012-05 as conditioned. PLANNING COMMISSION ACTION On August 13, 2012, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2012-16 as conditioned, Variance No. 2012-05 (a) as conditioned to exceed the maximum building height, and Variance No. 2012-05 (b) as conditioned to allow signage on the building that is higher than 20 feet above the ground for an indoor sports facility by a vote of 6:0 (Turner absent) located at 1441 South Village Way located in the Light Industrial (M1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja . Trevino Executive Director Planning & Building Agency VF:rb Areports\CUP 12-16 & VA 12-05 Sender One 1441 Village.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: AUGUST 13, 2012 TITLE: PUBLIC HEARING - FILED BY WESLEY CHU FOR CONDITIONAL USE PERMIT NO. 2012-16 AND VARIANCE NO. 2012-05 TO PERMIT AN INDOOR SPORTS FACILITY THAT EXCEEDS THE ALLOWABLE BUILDING AND SIGN HEIGHT AT 1441 SOUTH VILLAGE WAY Prepared by Vince Fregoso PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION Recommend that the Planning Commission adopt a resolution: 1. Approving Conditional Use Permit No. 2012-16 as conditioned. 2. Approving Variance No. 2012-05 (a) as conditioned to exceed the maximum building height. 3. Approving Variance No. 2012-05 (b) as conditioned to allow signage on the building that is higher than 20 feet above the ground. DISCUSSION Request of the Applicant Wesley Chu, representing Sender One Climbing LLC, is requesting approval of a conditional use permit and variance to allow an indoor sports facility at 1441 South Village Way. Specifically, the applicant is requesting approval per Section 41-472.5(s) of the Santa Ana Municipal Code (SAMC), which requires a conditional use permit for an indoor sports facility in the Light Industrial (M1) zoning district, a variance from Section 41-474 of the SAMC to exceed the maximum building height of 35 feet, and a variance from Section 41-863(dX1) to install wall signage that is higher than the ground floor or 20 feet on a building. Proiect Location and Site Description The subject property is a 17 acre, irregularly shaped parcel of land located on Village Way just south of East McFadden Avenue and south of the southbound entrance to the Newport-Costa Mesa (SR-55) Freeway. Nine buildings, consisting of approximately 275,536 square feet, are located on the site. The subject building (Building D) is approximately 24,360 square feet In size and is located at the southeast corner of the site. The buildings are occupied by a combination of retail and industrial uses. EXHIBIT A 31A-3 CUP No. 2012-16 & VA No. 2012-05 August 13, 2012 Page 2 A total of 807 parking spaces are currently located on the site. The site is surrounded by industrial uses to the north and west, the Santa Ana Auto Mall to the south and the Newport-Costa Mesa (SR-55) Freeway to the east (Exhibits 1 and 2). Project Description The applicant is proposing to occupy a vacant industrial building on the site with the Sender One Indoor Climbing Facility. Several improvements will be made to the interior of the building to accommodate the proposed use, including the installation of several bouldering and rock climbing structures, the build out of an area devoted to yoga, and the construction of ancillary space for locker rooms, retail sales, meeting rooms and office space. Improvements are also proposed to the exterior of the building and to the site in order to comply with the City's zoning and development standards. The roof above the eastern half of the building will be raised from 20 feet to 50 feet in height to accommodate the specialty climbing structures. In addition, the exterior walls of the new structure will incorporate the same smooth finish and paint colors that are found on the existing building walls. Vertical elements currently on the building will be extended upward onto the new walls for the roof. And, windows have been strategically placed to provide architectural relief as well as provide natural light into the tenant space. Site improvements include enhanced parking lot lighting and upgrades to the building's handicap accessibility to comply with State and Federal disability act guidelines. Finally, new signs will be installed to identify the proposed use (Exhibits 3, 4, 5 and 6). Project Background Sender One will be the first artificial rock climbing facility for the applicant. Two other rock climbing operations are located in Orange County; however, these locations are half the size of the proposed Sender One operation and have climbing structures that have a maximum height of approximately 28 feet. The McFadden Place development was constructed in the early 1970's as an industrial park and was historically used by warehouse, distribution and warehouse related uses. In 1988, Conditional Use Permit No. 1988-08 was approved to allow a combination of retail (maximum of approximately 125,000 square feet) and industrial related uses on the site. The subject building was occupied by a warehouse use until 2011, when the last tenant vacated the site. The building has remained vacant ever since. General Plan and Zoninq Analysis The General Plan land use designation for the site is Industrial (IND), which allows for a variety of industrial and industrial serving commercial uses. The proposed project is consistent with the General Plan. 31A-4 CUP No. 2012-16 & VA No. 2012-05 August 13, 2012 Page 3 The subject site is located in the Light Industrial (M-1) zoning district. The Light Industrial district is a zoning designation that allows manufacturing, warehouse and wholesale uses, as well as commercial uses that support the industrial tenants. These uses include retail, restaurants and indoor sports facilities. The project site is consistent with this zoning designation. Proiect Analysis Ordinance Number NS-2776 was adopted in 2008 and added Indoor Sports Facilities as a conditionally permitted use in the Light Industrial zoning district. Prior to the adoption of this ordinance, indoor sports and recreation were combined with indoor entertainment and were only permitted in the City's commercial zones with a conditional use permit. The large space requirements necessary to operate indoor sports facilities, in combination with higher lease rates in commercial areas, resulted in a majority of indoor sports businesses not being able to locate in Santa Ana. In response to the growing demand for recreational activities and the limited park area provided within the City, the City Council amended the Municipal Code to allow indoor sports facilities within the Light Industrial (M-1) zoning district subject to certain development standards and with a conditional use permit. These development standards included parking, limiting the hours of operation and limiting the number and type of uses that would be permitted under the definition of indoor sports facilities. The proposed indoor climbing facility meets all of the requirements specified in Section 41-482 of the Santa Ana Municipal Code relating to indoor sports facilities. The subject property is in compliance with the Industrial development standards including landscaping and parking. Additionally, appropriate conditions of approval have been included for this project that will ensure it remains in compliance with the indoor sports facilities section of the Municipal Code and does not become an attractive nuisance or disrupt the surrounding tenants within the center. 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. However, the project requires a conditional use permit and the applicant is also requesting variances from the City's standards governing building height and sign placement. Conditional Use Permit Conditional Use Permits are governed by Section 41-638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. 31A-5 CUP No. 2012-16 & VA No. 2012-05 August 13, 2012 Page 4 • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request staff believes that the following findings of fact warrant approval of the conditional use permit. • The project will provide a service or facility which will contribute to the community. The facility is a commercial recreational facility that will provide additional recreational opportunities to residents and visitors of the City. Further, the business will provide additional employment opportunities for residents that live in the City. The indoor climbing facility will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly industrial in nature. Further, improvements will be made to the site that will bring the site into compliance with applicable disability act standards. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding businesses. 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 that is consistent with the zoning for the property. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. • The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) 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. 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. 31A-6 CUP No. 2012-16 & VA No. 2012-05 August 13, 2012 Page 5 Variance Requests Sender One is proposing to obtain two variances for its new facility: one to increase the height of the building and another to allow signage higher on a building than allowed by code. Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Variance No. 2012-05 (a) - Building Height SAMC Section 41-474 states that no structure shall exceed 35 feet in height in the Light Industrial zoning district. Typical industrial buildings, including ones found on the premises, range in height from 20 to 25 feet, which is sufficient for high pile storage and related equipment associated with manufacturing operations, but not for indoor sports facilities, such as rock climbing. The very nature of the sport of rock climbing requires tall vertical structures on which to practice, simulating the challenging natural environments that these sports enthusiasts prefer. This facility, if approved, is intended to attract all levels of customers, from those just entering the sport, to the serious climber. The facilities currently located in Orange County are limited in their draw due to the relatively small height of the climbing walls, no higher than 28 feet. The industry standard for more advanced rock climbing walls is between 45 and 50 feet in height. If approved, the Sender One facility will be one of only two in the Southern California region offering this wall height, making it a regional draw for this type of facility and a unique contribution to the City's indoor sports facilities. Staff recommends approval of the variance from the maximum building height based on the following facts and findings: • 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 that this building was constructed the City's codes did not 31A-7 CUP No. 2012-16 & VA No. 2012-05 August 13, 2012 Page 6 allow indoor sports facilities within industrial buildings, as such these types of buildings often need modification in order to accommodate this use. As rock climbing facilities need tall vertical structures that simulate challenging natural environments and the building as originally 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. 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 owner's 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 owner's right to upgrade, develop and lease their property. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site will be 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 and air, or obscure views. 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. Finally, 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. Variance No. 2012-05 (b) - Location of Wall Signs The applicant is also proposing to install two wall signs on the top level of the building. SAMC Section 41-863(d)(1) limits the placement of wall signs to a maximum height of 20 feet. The SR-55 Freeway is located higher than the existing building, which makes it difficult to see signage on this building. Allowing the installation of signage that will be approximately 47 feet in height from the base of the building will allow Sender One the ability to identify the facility to drivers travelling along the SR-55 Freeway. Conditions of approval have been placed on the variance to ensure that the signage will be in compliance with all other signage regulations. Staff recommends approval of the variance from the maximum sign placement height based on the following facts and findings: 31A-8 CUP No. 2012-16 & VA No. 2012-05 August 13, 2012 Page 7 • 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. The granting of the variances 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 the introduction of indoor sports facilities as conditionally permitted uses within 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 owner's 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. 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 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. • Finally, 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. Public Notification The project site is not located within or near any neighborhood association. Staff has been in contact with the property owner, who has informed the existing tenants of the proposed use. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence had been received. 31A-9 CUP No. 2012-16 & VA No. 2012-05 August 13, 2012 Page 8 CEQA Analysis 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. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2012-16 and Variance No. 2012-05 (a) as conditioned and Variance No. 2012-05 (b) as conditioned. Vince Frego , AICP Principal Planner VF:jm vNeporlsICUP 12-16 & VA 12-05 Sender One 1441 Village.081312.pc Attachments: Exhibit 1 - General Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Site Plan Exhibit 4 - Floor Plan Exhibit 5 - Building Elevations Exhibit 6 - Sign Plans 31 A-10 ?ROIECT SITE Tait In Al GENERAL AGRICULTURAL GSM SOUTH MAIN STREET COMMERCIAL DISTRICT PO PLANNED DEVELOPMENT -8 PARIGNG MODIFICATION -F FLOORAREARATIO PAD PLANNEDPESIDENTIAL DEVELOPMENT CI COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Rl SINGLE-FAMILY RESIDENCE CI-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT MI LIGHTINDUSTRIAL R2 TWO-FAMWY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVYINOUSTRIAL RJ MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBANAPARTMENT C3-A CENTRAL BUSINESS-ARTISTS'MLLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNEOSHOPPING CENTER -02 OVERIAYTONE 50 SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CA COMMERCIAL RESIDENTIAL PCO PLANNED COMMUNITY DEVELOPMENT do4l\ CUP 2012-1 6NA 2012-5 A kAj = SENDER ONE INDOOR ROCK CLIMBING FACILITY L-571^ 1441 SOUTH VILLAGE WAY - - =500 FEET I"=1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31 A-11 \ I I ?a\} INDU TRIAL \ \ I N D U 5 T RI AL WILSHIRE AVENUE I N U 5 T R I L Dealer \?h Parking } kD Volkswagen \?\? } Saab 9GT Parking \ oi?q r O 'Pq '? o z A \? Vacant PHOJEC I Vacant SITE AUTO MALL \ DAN GURNEY UR• ?R. MINI BMW a 0 } w Volvo z= Volkswagen \ BMW \ H z ? z Honda y w 6 T INDUSTRIAL () EDINGER AVENUE V 0 1 N D U 5 T R I A L INDUSTRIALS '/ CUP 2012-16NA 2012-5 ti SENDER ONE INDOOR ROCK CLIMBING FACILITY 1441 SOUTH VILLAGE WAY P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 A-12 c>xn .V•i 1. 1 7 K J tiNiV) .:? ?> i smu Y? 0 it Jvl ill 1 tiiC! f l MUM ND143O rev yr r -- 1 / ¦?¦ QNIU33NSON34UO ?? tv.?):Y,l\111111 " Q Li'317 tlUS.WtlL UJ)YtlI'9'J NOlif? 333)7UV 1?if0!i ? ON ? i ? ' )s r ,t f FF `i ?F?d €et? lido i„z 3si ,, of++ s c DOOOO 4f lk 'N o iJ 11 i o `fQ ,, ?.?, QFo- 0-0 a 40 rs LL 3Y3tY3e»15i4 L EXHIBIT 3 31 A-13 T \trll IN VI rns.:rn r. ? 1 I, Iln °I ir:.l Hii •,? ) R!O NDI53D r.,vf = , I C r ? oNJ1133NIDN3 DD p :v>°Yn ilnl r ? I -ofprD xwwxu.o:r 1 !1"02.0 1L 0 sMavv,?ro,i i 1 3 1 a r t ? t s I P. - u A R1 ; xi1: FF X • Ep 68 k1 $11 It jill 8 E SY k? 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J _,r W J z 'I z J i z I °1 w a ?r E Ldn) 01'61 EXHIBIT 6 4 N w Q U U Z 0 Q w J W N W 0 Z C .L c rn V F a ? O I% a. w w O N M V v o s 6 2. K yNy w O S U O tiv m w 9q ZV- z 2 9 6 S 6 U) D. V) !C T .D 3 Y• N N ? O N U ' Q N Q g N F C rn w CD L3° Z g o ?, fY J N w > Z 6! M_ N ?C, 8 N i p t/j C O Z W m 0 Q O in of t' Ql) 3: W ~ V / k V I W LL W J}Z WZZ ~ >i ?yU g J Z 002 • >w? N F Q OILY w W ~ W 0- C) m r., /l N x 8 x og } J a6 }g • 0. 0: ? ? ? w ? ZWO ?{Y V)J Q j • ? K E W J m 2 P w Z w J > W J N W C9 W V MLLrO w WU UN m j w _ J V7 Vl aO u . j 0 ZL05 z FFFFFF w u L) t= o (( V gw J m J L) O -J WW H 9 §UU l O LL w WW J ? a3cD w z to o O 1 C N LL cr '1 Z 0 (r VwU H aag W ZwzO g ?^ z O= V / J? JV? uw`.°0? a Qa 0 M N J - = W ? - ' y r ; ;7 G - N LLJ w W z z LU _ t J Y ? o b ? N M ? 9? W o 'I U -? z c? J 3 w z I O N w a i z 4 w us1 1 / . 41 61 / L Ct / 31PA-20 C Qi .y O v S c m Sa urn 0 a d e .N H J o Q O w n. o.. Q LL a W O V U F 02 z= ? N Na m mm _ m OR LU CL V) N ? b Z > c fn a'Q W 0 .. M O T v " N z LO Q cla H z W } p1 Z Q C ? CL o zgo O J, Z CO N C. O oo _ ?O?pp CN p (A L f/1 C Z V, Vl to o ?O,Qi? w ROH - 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 31 A-19 Page 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 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 31A-20 Page 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 31A-21 Page 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 31A-22 Page 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. 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 31A-23 Page 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: 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) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution No. 2012-06 31A-24 Page 6 of 7 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 Commission City of Santa Ana Resolution No. 2012-06 31A-25 Page 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 below prior 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 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 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. 31A-26 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 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 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 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. 31A-27 EXHIBIT C Conditions for Variance No 2012-05 N 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 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 The existing building and required parking must conform with the provisions of Chapter 8, Article Il, 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. 31A-28