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Home My WebLink About31A - CUP - 1404 S VILLAGE WAYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2012-24 TO PERMIT AN INDOOR SPORTS FACILITY AT 1404 SOUTH VILLAGE WAY - AUSTRAILIAN SWIM SCHOOL, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15` 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. 2012-24 as conditioned. PLANNING COMMISSION ACTION On November 13, 2012, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2012-24 as conditioned by a vote of 5:0 (Acosta absent) to allow an indoor sports facility at 1404 South Village Way, located in the Light Industrial (M-1) 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. J". Trevino Executive Director Planning & Building Agency VF:rb vt\reports\CUP 12-24 Australian Swim School 1404 Village.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 13, 2012 TITLE: PUBLIC HEARING - FILED BY DIANE BAINBRIDGE FOR CONDITIONAL USE PERMIT NO. 2012-24 TO PERMIT AN INDOOR SPORTS FACILITY AT 1404 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 __4f:!ExA cutnre Director Planning Man #r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2012-24 as conditioned. DISCUSSION Request of the Applicant Ms. Diane Bainbridge of the Australian Swim School is requesting approval of a conditional use permit to allow an indoor sports facility at 1404 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 such as a swim school in the Light Industrial (M1) zoning district. Prolect 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 H) is approximately 39,812 square feet in size and is located at the northwest section of the site. The buildings are occupied by a combination of retail and industrial uses. 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). EXHIBIT A 31A-3 Conditional Use Permit No. 2012-24 November 13, 2012 Page 2 Proiect Description The applicant is proposing to occupy a 6,373 square foot tenant space within an existing retail building with the Australian Swim School. Several improvements are proposed to be made to accommodate the proposed use. An existing warehouse roll-up door on the building exterior will be removed and replaced with a glass storefront. Further, a four-foot deep swimming pool will be installed, new changing rooms will be constructed and new restrooms will be provided. Minimal site improvements, such as enhanced parking lot lighting and upgrades to the building's handicap accessibility to comply with State and Federal disability act guidelines will be made. Finally, new signs will be installed to identify the proposed use (Exhibits 3, 4 and 5). The hours of operation will be from 8:00 a.m. to 8:00 p.m., Monday through Friday, and from 8:00 a.m. to 3:00 p.m. on weekends. The sessions will primarily be 1/2 hour group swim lessons with three to five students per group. During any time period, a maximum of eight sessions may be operating per half hour. The bulk of the lessons are offered between 4:00 p.m. and 8:00 p.m. during the week and all day on the weekends. During the less busy morning hours, lap swimming or small specialty classes may be offered. The facility will not be open for public and/or recreational swimming. Project Background The Australian Swim School, which was established 35 years ago, is proposing to open a fifth swim school. The swim school was started in response to an increase in accidental backyard drownings of young children. Since it has been open, the school has gained a reputation for their strong infant and toddler learning programs. Although their clientele ranges in ages from three months old to senior citizens, the bulk of the lessons are centered on children under 10 years old. The Australian Swim School is considered to be a leader in the learn-to-swim industry and has received several awards, including being inducted into the United States Swim School Association's "Hall Of Fame." Further, they were key contributors in the preparation of the Syllabus for the United States Swim School Association and had a role in creating the organization 20 years ago. 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 has historically contained retail uses, with the Habitat for Humanity retail store partially occupying the building. 31A-4 Conditional Use Permit No. 2012-24 November 13, 2012 Page 3 General Plan and Zoning 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. 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. Project Analysis Ordinance No. NS-2776 was adopted in 2008 and added Indoor Sports f=acilities 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 compliance with 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 swim school 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 a swim school 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. 31A-5 Conditional Use Permit No. 2012-24 November 13, 2012 Page 4 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. • 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 swim school 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 tenant space 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. 31A-6 Conditional Use Permit No. 2012-24 November 13, 2012 Page 5 • 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. 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. 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. 2012-60 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. 2012-24 as conditioned. Vince Freg0. 0, A 11 CP Principal Planner VF:jm vfVeporlMCUP 12-24 Australian Swim School 1404 Village.111312.pc Attachments: Exhibit 1 - General Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Site Plan Exhibit 4 - Floor Plan 31A-7 R4 R4 i M1 R3 I Al M1 N ti CS _L__j MCFAD ?- M1 1 I 1 IF Ml ml ?i \Ml PROJECTSITE \ MI M1 g SD-60 SO-60 ` - M1 y SD-60 I SD-60 SD-60 SD-60 EDINGER AV. Q P MI M1 Ml DLa Mt SD-69 SD-69 M1 City of T- tlu rANOanv PL Ml Q4' Q SD-69 Ml SD-69 At GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT PARKING MODIFICATION -F FLOORAREARATIO PRE) PLANNED RESIDENTIAL DEVELOPMENT COMMUNRYCOMMERCIAL GC GOVERNMENTCENIER RI SINGLEFAMILY RESIDENCE COMMUNFTYCOMMERCIAL-bSUSEUMDISIRICT MI LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE CENMALBUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APART61LNT C3-A CE'MRALBUSINESS-ARTISTS'NLLAGE O OPENSPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAYZONE SO SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT CUP 2012-24 AUSTRALIAN SWIM SCHOOL 1404 SOUTH VILLAGE WAY - - =SOOFEET m ?&= I"= IOoOFEET 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 31A-8 I I N D U TRIAL t; J r INDUSTRIAL 0 1 WILSHIRE AVENUE z Dealer I N D U S T R I A L Parking ? °c 3 N q S 5 a Volkswagen - F Saab Parking Ry i ? z p Vacant Vacant AUTO Mq(( DAN GURNEY OR. pR MINI BMW d 4 a Volvo Volkswagen ' - l? BMW z o W z Honda ? L ui k t Q cc INDUSTRIAL ?Q EDINGER AVENUE 0 I N D U S T 0 R I A L O ? INDUSTRIALS V V CUP 2012-24 AUSTRALIAN SWIM SCHOOL 1404 SOUTH VILLAGE WAY c9y P L A N N I N G A N D B U I L D 1 N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 UAW zz d F?:1?}? I III III u r la: Ilill r Illllll `N N w N. N z N. LLJ W 'ek g31 tLU1fJJJJ11 ?`? / /i? \ N v b 19 , 7\1 '>2 ?. ` 7 _ WVI 'a ,\ \ 11 c? i I ? ? / I Ic?Y :; gg t111L1J ? r J l 1-1.1.1 I U 1 I I l l 96rir I I .' CA-fWWAWY3TWAO; I i I I I I I ?LLlll I anvae'o..m•33aiss----1 1 1 I I 1 nI?Y?- _ Z LL E 0 V LL, W I I ? - ? z` I I Sol z Z Q i I I _i I I I F- ° I? 5 rY ( --- ------------ ---- W W 3'1h37Y 3H;HSYA1 awa <rruVx ro\mlrooos R.s M.ve?vi. -axaw ..emon-?p-e?e[lV a.ee Y1 Mwo'Vn.+. *• All I?11 ®? t S LL a I 9 it all? } .r, 1- I I I I ? I I_ I 77 I • ?• o O o I I \ ? I 1 p ? I +no-n ?- ° / T a ts T?g v e6F I ? J °5 ' g L ? I I I H ?! _ E g fi & E Q YPb KI-i?U4£ eUYM1WOf MS MYULII-21tl1]11 nwiMl 4^•i+•?n IBf 31 A-12 ROH - 11/13/12 RESOLUTION NO. 2012-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-24 AS CONDITIONED TO ALLOW AN INDOOR SPORTS FACILITY IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 1404 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- 24 to allow an indoor sports facility in the Light Industrial (M1) zoning district for the property located at 1404 South Village Way. B. Conditional Use Permit No. 2012-24 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on November 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 swim school 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. 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 Resolution No. 2012-13 31 A-13 Page 1 of 3 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 tenant space 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. 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. 2012-60 will be filed for this project. Section 3. The Planning Commission. of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2012-24, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow an indoor sports facility in the M1 zoning district for the property located at 1404 South Village Way. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated Resolution No. 2012-13 31A-14 Page 2 of 3 November 13, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of November, 2012 by the following vote: AYES: Commissioners: Alderete, Gartner, Mill, Nalle, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Acosta (1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 13. 2012. Date: Clerk of the Planning Commission City of Santa Ana Resolution No. 2012-13 31 A-15 Page 3 of 3 EXHIBIT A Conditions for Conditional Use Permit No 2012-24 Should the Planning Commission approve Conditional Use Permit No. 2012-24, 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 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2012-32 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 Code (Building Security Ordinance). These code that the existing projects lighting, door/window addressing be upgraded to current code standard cannot be located in required landscape planters. Santa Ana Municipal conditions will require locking devices and s. Lighting standards 31 A-16