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Home My WebLink About31B - CUP - 3400 W WARNERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 15, 2017 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING CONDITIONAL USE PERMIT NO. 2017-18 TO ALLOW AN INDOOR SPORTS FACILITY FOR ARROWTAG OC LOCATED AT 3400 WEST WARNER AVENUE, UNIT K - THOMAS MAGSAYSAY, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 5) 62-" /Z., , :Z-! CIT ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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. 2017-18 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on July 24, 2017, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017-18 as conditioned to allow an indoor sports facility for ArrowTag OC at 3400 West Warner Avenue, Unit K located in the Light Industrial (M-1) zoning district. The Planning Commission approved the resolution with one amendment to remove a condition of approval that would have allowed staff to determine if administrative relief is available to allow minor changes to the project are proposed after the project is entitled (Exhibit A). DISCUSSION Thomas Magsaysay, representing ArrowTag OC, is requesting approval of a conditional use permit (CUP) to allow an indoor sport facility at 3400 West Warner Avenue, Unit K. Specifically, the applicant is requesting approval per Section 41-472.5(s) of the Santa Ana Municipal Code (SAMC), which requires a CUP for an indoor sports facility in the Light Industrial (M-1) zoning district. The applicant is proposing to occupy a 6,480 -square foot suite within an existing 42,720 - square foot industrial building with ArrowTag, an indoor dodge ball sport facility where players use custom foam bow and arrows to compete against each other. Several interior improvements are proposed to accommodate the use which will allow the suite to meet all State Building and Fire Codes. With the exception of signage, all improvements will take place within the building. The hours of operation will be from 10:00 a.m. to 10:00 p.m. Monday through Saturday, and 10:00 a.m. to 8:00 p.m. on Sunday. Full-sized site plans are available for public viewing in the Clerk of the Council Office. 31 B-1 CUP No. 2017-18 — ArrowTag OC at 3400 West Warner Avenue, Unit K August 15, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide), FISCAL IMPACT There is no fiscal impact associated with this action. Candida Neal Acting Executive Director Planning & Building Agency 10:rb SAFCA108.16-171CUPI 7-18,3400 W Warner Unit K.00 Exhibit: A. Planning Commission Staff Report 31 B-2 s O R PLANNING COMMISSION MEETING DATE: JULY 24, 2017 TITLE: PUBLIC HEARING - FILED BY THOMAS MAGSAYSAY FOR CONDITIONAL USE PERMIT NO. 2017-18 TO ALLOW AN INDOOR SPORTS FACILITY FOR ARROWTAG OC LOCATED AT 3400 WEST WARNER AVENUE, UNIT K (STRATEGIC PLAN NOS. 3, 2; 3, 5) Prepared by Ivan Orozco Executive Direct r PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED Zoning Designation ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017-18 as conditioned. Executive Summary Thomas Magsaysay, representing ArrowTag OC, is requesting approval of a conditional use permit (CUP) to allow an indoor sports facility at 3400 West Warner Avenue, Unit K. Specifically, the applicant is requesting approval per Section 41-472.5(x) of the Santa Ana Municipal Code (SAMC), which requires a CUP for an indoor sports facility in the Light Industrial (M-1) zoning district. Staff is recommending approval of the request because the site meets all Santa Ana Municipal Cade requirements to be considered an indoor sports facility and because the site is located away from any sensitive land uses. Table 1: Project and Location Information Mein nfp matlon Project Address 3400 West Warner Avenue, Unit K Nearest Intersection Warner Avenue and Yale Street General Plan Designation Industrial (IND) Zoning Designation Light Industrial (M-1) Surrounding Land Uses North Industrial East Rail Road Corridor South industrial West Industrial Property Size 8.75 acres Existing Site Development The site is developed with three multi -tenant industrial buildings Use Permissions Allowed with a conditional use permit CUP Zoning Code Sections Affected Use I SAMC Section 41-472.5 s Operational Standards I SAMC Section 41.482 Indoor sport facility) EXHIBIT A 31 B-3 CUP No. 2017-18 July 24, 2017 Page 2 Project Description The applicant is proposing to occupy a 6,480 -square -foot suite within an existing 42,720 -square - foot industrial building with ArrowTag, an indoor dodge ball sport facility where players use custom foam bow and arrows to compete against each other, Several interior improvements are proposed to accommodate the use which will allow the suite to meet all State Building and Fire Codes. With the exception of signage, all improvements will take place within the building, Interior tenant improvements include the construction of dodge ball courts, seating, restroom facilities, office space; and a reception area. Exterior site Improvements will include new bicycle racks provided near the front entrance, and upgrades to the building's exterior accessibility requirements, which have already been completed. Finally, signage will be installed to 'identify the proposed use. The hours of operation will be from 10:00 a.m. to 10:00 p.m. Monday through Saturday, and 10:00 a,m. to 8:00 p.m. on Sunday (Exhibits 2, 3 and 4). Table 2: Development Standards Stshcla5tis ;* Requ�rd bjrrSIIC ; r° _' P�roids�i 4 `, �.. w.x�,� Business Operations All activity will be conducted Complies; No proposed within an enclosed structure activities outside of the suite Outdoor Storage Must be fully screened by a Complies, No outdoor storage decorative masonry wall proposed Complies, Hours of Operation Between 7:00 a.m. and 10:00 Proposed operations within the p.m. daily hours of 10:00 a.m. to10:00 P.M, Complies, 468 total spaces Parking 20 Stalls provided on the entire; site. Project Background In January 2017, the applicant submitted plans for development Project Review to begin the entitlement process of establishing an indoor sports facility, The property owner has completed several improvements to the site including new parking pavement and stripping, new landscaping, and paint. City agencies reviewed the project and the site, and in June 2017, the applicant received the approvals to submit an application for a CUP. ArrowTag Is currently leasing temporary space from a similar establishment in Garden Grove. This location In Santa Ana will be the first independent, standalone ArrowTag facility and will serve residents and visitors alike. Pro`lect Analysis Ordinance No. NS -2776 was adopted in 2008 and added Indoor Sports Facilities as a conditionally permitted use in the Light Industrial (M-1) 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 31 B-4 CUP No. 2017-18 July 24, 2017 Page 3 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 subject property is in compliance with applicable development standards. Additionally, appropriate conditions of approval 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 indoor sport facility at this location supports several General Plan policies such as promoting a balance of land uses to address basic community needs, such as physical activity; enhancing the City's economic and fiscal viability; promoting the rehabilitation of commercial properties; and encouraging increased levels of capital investment. The project will include significant new investment and tenant improvements to a site that has remained vacant since the previous tenant relocated from the site more than four years ago. The project will provide a service that 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 facility will not be detrimental to persons residing or working in the area as it is located within an area of the City that is predominantly industrial in nature; no sensitive land uses are located nearby. Further, improvements to the site that will bring the site into compliance with applicable disability act standards have been completed. Finally, conditions have been placed on the project that will address any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding businesses. Table 3: CEQA Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public'Not!flcation & C6mmunit Outreach CEQA CEQA Type Categorical Exemption Section 15301 DocumentType Existing Facilities ER No. 2017-07 _ Class 1 exemptions apply to existing facilities. The building which Arrow Tag Reason(s) proposes to re -tenant is an existing building that was once used for industrial Exempt or Analysis purposes and no expansion of square footage or physical land disturbances are proposed as part of the project. Strats"ic Plan Alignment Approval of this item supports the City's efforts to meet Goal No.3 (Economic Development) Objective No. 2 of creating new opportunities for business/job Goal(s) and growth and encourage private development through new General Plan and Zoning Policy(s) Ordinance policies, as well as Objective No. 5 to leverage private investment that results in tax base expansion and job creation citywide. Public Notification & Community Outreach A public noticed was posted on the project site on July 13, 2017. Notification by mail was mailed to all property owners and occupants within 500 Required Measures feet of the project site on July 13, 2017. Newspaper posting was published in the Orange County Reporter on July 14, 2017, 31 B-5 CUP No. 2017-18 July 24, 2017 Page 4 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017-18 as conditioned. 4 Ivan Orozco Assistant Planner 10:jm MSPIanninACommission\3400W WarneA UP2017^18-IE9400 WWarner; Un¢K.pc Exhibits 1, Vicinity Zoning and Aerial View 2. Site Photo 3. Site Plan 4. Floor Pian 5. Resolution MEW 9/13/2017 CrPI��#F�F��3 r� , 4 i zt, !m, ?nl4 DWMI Man Prndivl'r. All rinhrs raKnrvr L http:t/maps.digitalmapcentral,com/production/Dashboard/8/6/5/release/h�t=7ands/piint/htmiprint/PrintPrevlew.html 1/1 x ^J9 _ h k .Nv�n N aNt (Ml r^3 ro m..0 tuw x ry ^^^itt _ •'I _ JFJJ�.IYI � ILfI I I I t� f I I F•�I_I I I_ .�� IIr 1 I�x4. @ p ^� •I Y -d` 2{ ^WsY `' � f6 3f41' M rv'-N` Itl Mnr" 2Y MtT RI fiN' Ff,l LLL.,'iT. }r 1 k � -.�+s"ax°a<i Y.rY ri M1FT »ter 9e 9 •I fir'-"" )SCfi n'_WAcn €W>wu= '•rY _...�, _ t' �.' � �sk]nv. q�Cavi'fYn nR PRr,Flep t e•esnrz Mllk� 4 .�I � mu.a• wMrrY*}�wi[Et R ,�� _,_._ L; 169 I....f tt \ iii � Ii.l`NgVLJI E��✓II �'��Iy�i fryxQ;�y�� I II II II —LI..J_LLcs.1��1J�L.1_��11L11� __ -TTFT S (( 1 yyyfff�$fyfyfry}�'4 PNI'' II II ' I _ I yA?�i...v.4Y W%Y*Ity%sYt yp5'P4�" I 9 -- I 7 a —IM fi 8 4 51TET€N I x ^J9 _ h k .Nv�n N aNt (Ml r^3 ro m..0 tuw x ry ^^^itt _ •'I _ JFJJ�.IYI � ILfI I I I t� f I I F•�I_I I I_ .�� 1 I�x4. @ p ^� •I Y -d` 2{ ^WsY `' � f6 3f41' M rv'-N` Itl Mnr" 2Y MtT RI fiN' Ff,l LLL.,'iT. }r 1 k � -.�+s"ax°a<i Y.rY ri M1FT »ter 9e 9 •I fir'-"" )SCfi n'_WAcn €W>wu= '•rY _...�, _ t' �.' � �sk]nv. q�Cavi'fYn nR PRr,Flep t e•esnrz , ICV -Y x 4 .�I � mu.a• wMrrY*}�wi[Et R ,�� _,_._ L; 169 I....f tt \ iii � Ii.l`NgVLJI E��✓II �'��Iy�i fryxQ;�y�� I II II II —LI..J_LLcs.1��1J�L.1_��11L11� __ -TTFT S (( 1 yyyfff�$fyfyfry}�'4 PNI'' II II ' I _ I yA?�i...v.4Y W%Y*Ity%sYt yp5'P4�" I -- I 7 a —IM EXHIBIT 3 31 B-9 EXHIBIT 4 31 B-10 t{ n r �— K EXHIBIT 4 31 B-10 LS 7.24 .17 RESOLUTION NO. 2017-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-18 AS CONDITIONED TO ALLOW AN INDOOR SPORTS FACILITY AT 3400 WEST WARNER AVENUE. UNIT K 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. ArrowTag OC (Applicant) is requesting approval of Conditional Use Permit No. 2017-18 to allow an indoor sport facility at 3400 West Warner Avenue, Unit K. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-472.5 (s), a Conditional Use Permit (CUP) is required for an indoor sport facility established in the City of Santa Ana. C. On July 24, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-18. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to SAMC Section 41-638 (a)(1), have been established for Conditional Use Permit No. 2017-18 to allow an indoor sport facility: 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 that 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. Santa Ana is a park - deficient city and an indoor sport facility such as ArrowTag provides valuable recreation and health benefits to the community. Further, the business will provide additional employment opportunities for residents that live in the City. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2017-26 Page 1 of 5 31 B-11 The 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 to the site have already been made to guarantee that the site is in 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. 3. That the proposed use will not 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 that is consistent with the zoning for the property. The reuse of the site, in conjunction with the completed improvements to the site, will enhance the economic viability of the area. 4. That the proposed use shall 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. The property owner has already provided improvements to the parking lot and landscaping that bring the site into compliance with the Zoning Code. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The project will not adversely affect the General Plan as the proposed use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed indoor sports facility that promote a balance of land uses to address basic community needs, such as physical activity, and which enhance the City's economic and fiscal viability. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of industrial properties, and encourages increased levels of capital investment. The project will include significant new investment and tenant improvements to a site that has remained vacant since the previous tenant relocated from Resolution No. 2017-26 Page 2 of 5 31 B-12 the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The project will be located in a mostly industrial area guaranteeing minimal land impacts, and conditions of approval will ensure that its operations will be compatible with the surrounding properties and businesses. Section 2. 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. The proposed project involves occupying an existing building with a new tenant, without any square footage addition or building expansion. Categorical Exemption Environmental Review No. 2017-07 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-18, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 24, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 24th day of July, 2017 by the following vote: AYES: Commissioners: Alderete, Bacerra, McLoughlin, Mendoza, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Contreras -Leo, Nguyen (2) ABSTENTIONS: Commissioners: None (0) Lynnette Verino Chairperson Resolution No. 2017-26 Page 3 of 5 31 B-13 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 24, 2017. Date: Acting Commission Secretary City of Santa Ana 31B-14 Resolution No. 2017-26 Page 4 of 5 EXHIBIT A Conditions for Approval for Conditional Use Permit No 2017-18 Conditional Use Permit No. 2017-18 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2017- 03). .. Divisiony amendment te this GonditiORal use permit myst be submitted to thePlanning (Deleted actionof • Commission/ The site occupant shall be responsible for maintaining the premises free from graffiti and litter, including the landscaping area adjacent to the rail road corridor. All graffiti and litter shall be removed within 24 hours. 4. The facility shall be maintained as per approved plans. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. Resolution No. 2017-26 Page 5 of 5 31 B-15 31 B-16