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HomeMy WebLinkAbout31A - CUP - TWC HUB 1115 E SECOND STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 7, 2013 TITLE: CONDITIONAL USE PERMIT NO. 2012-27 TO ALLOW A HUB FACILITY FOR TIME WARNER CABLE AT 1115 EAST SECOND STREET - BLU CROIX LTD., APPLICANT 'Yti CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s' Reading ? Ordinance on 2na Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2012-27 as conditioned. PLANNING COMMISSION ACTION On December 10, 2012, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2012-27 as conditioned by a vote of 5:0 (Nalle abstained) to allow a new hub facility to be built for Time Warner Cable at 1115 East Second Street located in the Specific Development No. 84 (SD84) zoning district. The Planning Commission added a condition of approval to require security cameras on the exterior of the building to minimize the potential for graffiti on the structure (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J y . Trevino Executive Director Planning & Building Agency VF:rb vflreports\CUP 12-27 Time Warner 1115 Second.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 10, 2012 TITLE: PUBLIC HEARING - FILED BY BLU CROIX LTD. FOR CONDITIONAL USE PERMIT NO. 2012-27 TO ALLOW A HUB FACILITY FOR TIME WARNER AT 1115 EAST SECOND STREET Prepared by Vince Fregoso Q-q-L? Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For DENIED ? Applicant's Request ? Staff Recommendation CONTINUED TO Planning Manage Adopt a resolution approving Conditional Use Permit No. 2012-27 as conditioned. DISCUSSION Request of the Applicant Blu Croix Ltd., representing Time Warner Cable, is requesting approval of a conditional use permit to allow a new hub facility to be built for Time Warner Cable at 1115 East Second Street. Specifically, the applicant is requesting approval per Section 41-2007 of the Santa Ana Municipal Code (SAMC), which requires a conditional use permit for a public utility structure in the Transit Zoning Code (SD-84) zoning district. Proiect Location and Site Description The subject property is a 0.95 acre, irregularly shaped parcel of land bordered by three streets: East Second Street, East Third Street and Santa Fe Street. The lot is currently occupied by a 1,045 square foot, 12 foot high cable equipment facility situated at the southeast corner of the site. The remainder of the site is paved with asphalt and is used for parking. A nine foot high wrought iron fence completely encloses the project site. Approximately 40 parking spaces are currently located on the site. The site is surrounded by industrial and residential uses to the north and south, residential structures to the east, and the HD Supply Warehouse to the west (Exhibits 1 and 2). Prolect Description The applicant is proposing to construct a new 7,400 square foot public utility structure on its existing hub site. The proposed building will be located on the southwest corner of the site and will include 5,700 square feet of space for cable equipment/hub facility uses that are intended to EXHIBIT A 31A-3 Conditional Use Permit No. 2012-27 December 10, 2012 Page 2 provide for the growing demand of Time Warner's customers. The remaining 1,700 square feet of the building will be used as offices. In addition, a 720 square foot emergency generator room will be constructed north of the building to provide electricity to the facility in the event of a power outage (Exhibits 3 and 4). The project has been designed to be consistent with the various provisions of the Transit Zoning Code. The building will be located near the southwest corner of the site in order to create a relationship between the building and the street. Also, the design of the building is consistent with the architectural standards of the Code. Concrete tilt up panels, aluminum storefront windows, decorative metal canopies and decorative lighting will be featured on the building which is designed in the California Contemporary style. In addition, the required 10 foot wide landscaped setback will be maintained along all street frontages, with new landscape planters installed within the parking lot. New bike racks will also be installed on the premise. Finally, parking that exceeds code requirements and enhanced parking lot lighting will be provided. The hub facility is intended to be operational 24 hours per day. The hours of operation for the office component will be from 8:00 a.m. to 5:00 p.m. A total of 25 parking spaces will be provided on the premises while only 21 are required. Project Background In 1998, Comcast Cable received approval to construct a video communications building on the subject site. After submitting the project into building plan check, Comcast decided not to proceed with the project and let the plan check for the project expire. In 2004, Adelphia submitted plans and received approval to construct the 1,045 square foot hub facility that is located at the southeast section of the parcel. Over the last eight years, Time Warner has seen an increase in demand for its cable television, internet and telephone services. In an effort to address this demand, Time Warner is proposing to construct a new hub facility on their existing parcel. General Plan and Zoning Analysis The General Plan land use designation for the site is Urban Neighborhood (UN), which allows for a variety of industrial, commercial and residential uses. The proposed project is consistent with the General Plan land use designation. The subject site is located in the Urban Neighborhood 2 (UN-2) zone of the Transit Zoning Code (SD-84) zoning district. The UN-2 district is a zoning designation that allows residential, retail, service, and small scale industrial and communication facilities such as the one proposed. Public utility structures, such as this one proposed by Time Warner, are conditionally permitted uses within the UN-2 zone, and require the approval of a Conditional Use Permit. 31A-4 Conditional Use Permit No. 2012-27 December 10, 2012 Page 3 Proiect Analysis In June 2010, the City Council adopted the Transit Zoning Code/Specific Development No. 84 for the downtown and central portions of the City. The SD-84 was a unique approach to zoning that draws from traditional zoning practices by regulating use and general building design, but that also establishes regulations that respect and strengthen the existing context and built environment of the distinct areas within the plan. The Transit Zoning Code also established separate zones that range from transit oriented compact development to less intense neighborhood development. The code also established detailed development standards for building and parking location, building massing and open space. It regulated building architecture through standards and guidelines and provided explicit requirements and direction for developers. The proposed hub facility for Time Warner meets all of the requirements specified in the Transit Zoning Code relating to public facility structures. The subject property and proposed project is in compliance with the development standards for the Urban Neighborhood 2 area, including setbacks, landscaping and parking. Additionally, appropriate conditions of approval have been included for this project that will ensure it remains in compliance with the provisions of the Transit Zoning Code and does not become an attractive nuisance or disrupt the surrounding residential or industrial uses found in the area. The addition of a public facility use at this location supports several General Plan Goals and Policies, including Land Use Element Goal 1, which promotes the balance of land uses to address basic community needs, goal 3 to preserve and improve the character and integrity of neighborhoods, Policy 2.10 which encourages new development which is harmonious in scale and character with existing development in the area, and Policy 4.3 which supports land uses that provide community and regional economic and service benefits. This project will provide enhanced service to Time Warner customers in the community and will encourage a development that is compatible with the development pattern of the area. As stated previously, the proposed project requires the approval of a 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. • 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. 31A-5 Conditional Use Permit No. 2012-27 December 10, 2012 Page 4 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 proposed facility is a public utility structure that will provide enhanced and upgraded cable, internet and telephone services to residents of the City and the region, thereby allowing Time Warner to more efficiently meet the growing demand for their services. The proposed hub 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 allows communication facilities such as the one proposed. Further, the facility will primarily be an unmanned facility with the exception of a small office component of the building. Improvements will be made to the site that will bring the site into compliance with applicable development 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 residences and 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 existing site is vacant with the exception of a 1,045 square foot unmanned facility and is proposed to be occupied by a use that is consistent with the zoning for the property. The use of the site, in conjunction with the substantial improvements to the architecture and landscaping on 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 as well as the Transit Zoning Code. Site improvements are proposed to the entire site that will bring the site into compliance with the Zoning Code. The proposed use will not adversely affect the General Plan as the project is consistent with several goals and policies of the document. Land Use Element Goal 1 encourages development that promotes the balance of land uses to address basic community needs, Goal 3 encourages projects that preserve and improve the character and integrity of neighborhoods, Policy 2.10 encourages new development which is harmonious in scale and character with existing development in the area, and Policy 4.3 which supports land uses that provide community and regional economic and service benefits. 31A-6 Conditional Use Permit No. 2012-27 December 10, 2012 Page 5 Public Notification The project site is not located within a neighborhood association. However, staff did contact two neighbors in the immediate area who attended prior meetings regarding the project. The neighbors expressed no concerns with the project nor requested that the project be presented to any organization for review. 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 15332. This Class 32 exemption allows infill development projects that are consistent with the zoning and general plan, are on sites less than five acres in size, and will not have any significant effects related to traffic, noise air or water quality. Categorical Exemption Environmental Review No. 2011-65 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. 2012-27 as conditioned. Vince Fregoso, Principal Planner VF:jm v(Veports\CUP 12-27 Time Warner 1115 Second.121012.pc Attachments: Exhibit 1 - General Vicinity Map Exhibit 2 -- Land Use Map Exhibit 3 - Site/Floor Plan Exhibit 4 - Building Elevations 31A-7 31A-8 E x: M? M2 I f ca MZ ?S O *? Mt ?• LT I M2 O 1 .?` ? M? ? I p! p o ? Itlcg, R3 --SRNTR'?NR Or o sa O j' R ` t3ry M`y rear t "R3 , O M2 O RI SD-21 R1 RI cam ?j?e•? ?` O MI a2 R3 RI `"1'RI' alp. ?• ?? '"?t,*"'` ` M2 ` R1 R1 ?. ? , M It , I - 1 w:P_;; M! R1 RI R1 CIm C! a w i O .M ? 2 r h12 RJ R3 ? t ' swn 1- # M2 -Mca ! I P r i ,, . P -Cro2, Co2i .,Co2o C2 C2 C1 0 C2..cr C2 p+,•, 4TH •_50.37 C22 M2 = M2. 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M2 WAWINDUSIRAL FAMILYFESDDJCE CI-MD ODMM.CQMMOVAUMUSH DMINCT Mo M114TAWOFMAN NS R1 8)RJfMAFARfFA8M C2 GEItDL1LOCMMa;aAL O OPEN,"CE FE FEMMMLE.SIAIE C3 Cw R4LanKm P PFUESSONAL m `. *0F)CDBRJ"ENT C3-A C941MLBWNEZARTISTMUAGE POD RANNE 010MM"WOf1AflC%'1IM a, MF)CPLAN C4 F1MNW9-10F9N'GCE3`IIFR PFO RANNEOR®OE3,MI)BALOFMEYT Cs ARFEIMCUAM15ML CUP 2012-27 TIME WARNER HUB FACILITY, 1115 EAST SECOND STREET - =500FEEr 1" = 1000 FAT 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 EXHIBIT 1 I D S. INDUS. FOURTH STREET I- w w W a D I-- w z V) u, w a > Ln THIRD STREET WHOLESALE : -M - IN )US. 4NDUS. S. .R. V ILA ? SECOND STREET I N U h S. R. ? .R. z Q O Q = z IND a FIRST STREET CUP 2012--27 TIME WARNER HUB FACILITY 1115 EAST SECOND STREET 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-10 ? 8 o < PSI 4} ?? V eg?g:?? }a r• ga©9Y @im-4 Y? ?? :?I? fig•''r? ?RFt888 8? yS='s? gig w g 8g ? d o _ ? ? ? ? ? ?yy ?Q TS N. ? dd ??ya° ?L adg"° g ¢s E ? & °?i Mffi° F4 3 6 ?? Hg$ a ?$ 9 Sr ? ?' Y dd c?6 g ?y J g 7?O € I g h? g el s v a. - a? t _ E Za??R a?ffija o F ,Is Y 2s R 43 o; 2R tau ?y ??a es .? l0 .. Yot U M g ? '3Qds??? LLJ q E`oay>'; WI 0 -OE, El ?e`JPS?E: •3)? -??( ? is N l„ F Ti 1 k P ? € €j y 7 ? 8' X. _ I ? I F? D;I e ? _ 77 r 1 _ g I t o t., a U d' w x w a U a w H o? a 1[7 ? YY kSi1 E R R MY' O Wto) Ho W o? wo a? 0 O "1 a? ww ? B W? z o? wa °z L ? n VA z O w w O w w >-t M-i 0 x a V W w N ai U z Z a ui F rz a 0 a l °''0 X53= • S88e d R ? F 4 A ROH - 12/10/12 RESOLUTION NO. 2012-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2012-27 AS CONDITIONED TO ALLOW A HUB FACILITY FOR TIME WARNER CABLE IN THE TRANSIT ZONING CODE (SD-84) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 1115 EAST SECOND STREET 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- 27 to allow a new hub facility to be built for Time Warner Cable in the Transit Zoning Code (SD-84) zoning district for the property located at 1115 East Second Street. B. Conditional Use Permit No. 2012-27 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 10, 2012. C. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for a public utility structure in the Transit Zoning Code (SD-84) zoning district. 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 project will provide a service or facility which will contribute to the community. The proposed facility is a public utility structure that will provide enhanced and upgraded cable, internet and telephone services to residents of the City and the region, thereby allowing Time Warner to more efficiently meet the growing demand for their services. 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. 31 A-13 Resolution No. 2012-17 Page 1 of 4 The proposed hub 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 allows communication facilities such as the one proposed. Further, the facility will primarily be an unmanned facility with the exception of a small office component of the building. Improvements will be made to the site that will bring the site into compliance with applicable development 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 residences and businesses. 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 existing site is vacant with the exception of a 1,045 square foot unmanned facility and is proposed to be occupied by a use that is consistent with the zoning for the property. The use of the site, in conjunction with the substantial improvements to the architecture and landscaping on 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 use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code as well as the Transit Zoning Code. Site improvements are proposed to the entire site 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 as the project is consistent with several goals and policies of the document. Land Use Element Goal 1 encourages development that promotes the balance of land uses to address basic community needs, Goal 3 encourages projects that preserve and improve the character and integrity of neighborhoods, Policy 2.10 encourages new development which is harmonious in scale and character with existing development in the area, and Policy 4.3 which supports land uses that provide community and regional economic and service benefits. 31A-14 Resolution No. 2012-17 Page 2 of 4 E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15332. This Class 32 exemption allows infill development projects that are consistent with the zoning and general plan, are on sites less than five acres in size, and will not have any significant effects related to traffic, noise air or water quality. Categorical Exemption Environmental Review No. 2011-65 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. 2012-27, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a new hub facility to be built for Time Warner Cable in the Transit Zoning Code (SD-84) zoning district for the property located at 1115 East Second Street. 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 December 10, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of December, 2012 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Nalle (1) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney 31 A-15 Resolution No. 2012-17 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2012-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 10, 2012. Date: Clerk of the Planning Commission City of Santa Ana 31 A-16 Resolution No. 2012-17 Page 4 of 4 EXHIBIT A Conditions for Conditional Use Permit No 2012-27 Should the Planning Commission approve Conditional Use Permit No. 2012-27, 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. 20112-25 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. All graffiti shall be removed within 24 hours. 4. Prior to submittal into building plan check, working drawings for the landscape plan shall be submitted to the Planning Division for review and approval. 5. Once installed, landscaping shall be maintained on the premises at all times. 6. Prior to building permit issuance, a lot merger to consolidate the lots shall be applied for and be approved. 31 A-17 B. Police Department 1. All structures and parking lot shall comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require the projects lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. Security cameras shall be installed on the exterior of the building. (Request for modification by the Planning Commission on December 10, 2012.) 31 A-18