HomeMy WebLinkAboutRESO2329 2100 Alton Ave
Resolution No. 2023-29
Page 1 of 9
RESOLUTION NO. 2023-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.
2023-19 AS CONDITIONED TO ALLOW FOR ESTABLISHMENT
OF AN OUTDOOR FITNESS FACILITY/COMMUNITY SERVICE
CENTER AT 2100 WEST ALTON AVENUE
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. Jorge Lopez, with National Engineering & Consulting, Inc. (Applicant) on behalf
of Edward O. Breuing III with BDC Santa Ana, LLC (Property Owner) is
requesting approval of Conditional Use Permit (CUP) No. 2023-19 to establish an
outdoor fitness facility/community service center within the Specific Development
No. 4 (SD-4) zoning district located at 2100 West Alton Avenue.
B. Section 4 of SD-4 requires approval of a CUP for the establishment of a
community service center. The proposed use is consistent with this provision of
SD-4.
C. On December 22, 2003, the Planning Commission conditionally approved CUP
No. 2003-35 and Minor Exception 2003-10, to allow for the establishment of a
recreation facility for the YMCA of Orange County and a 42-percent reduction in
the required off-street parking.
D. In June 2015, the YMCA ceased operations and vacated the subject property.
E. On February 19, 2021, the subject property was acquired by the current property
owner.
F. On April 19, 2022, the applicant submitted developed project application DP No.
2022-13, which was deemed complete in September of 2023. Subsequently, the
applicant submitted CUP No. 2023-19 to establish an outdoor fitness
facility/community service center.
G. On November 13, 2023, the Planning Commission held a duly-noticed public
hearing on CUP No. 2023-19.
H. The Planning Commission of the City of Santa Ana determines that the following
findings, which must be established in order to grant a CUP pursuant to Section 4
(Conditionally Permitted Uses) of Specific Development No. 4 (SD-4), Section 41-
632, and Section 41-638 of the SAMC, have been established for CUP No. 2023-
19 to allow for establishment of an outdoor fitness facility/community service
Resolution No. 2023-29
Page 2 of 9
center at 2100 West Alton Avenue.
1. That the proposed use will provide a service or facility which will contribute
to the general wellbeing of the neighborhood or community.
Approval of the CUP would establish a fitness facility available to
the Santa Ana community and various age groups. Fitness facilities
promote general health and wellness thereby the general wellbeing
of the community. Additional, INSAND offers unique training
opportunity in sand courts that maximize results but reduce joint
strain and risk for injury that would otherwise not be available to the
community. Furthermore, occupancy and redevelopment at the site
would not only deter illicit activity but also encourage reinvestment
in the surrounding community as well as improve the overall
character of the area thereby contributing to the general wellbeing
of the community. The recommended conditions of approval and
property maintenance agreement will mitigate any potential
impacts created by the use and will ensure that the use will not
negatively affect the surrounding community.
2. 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.
The proposed use of a fitness facility/community service center
would not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity as the site has not only
previously been occupied by a similar use, but the proposed use
promotes health and wellness. INSAND provides unique methods
of training from sand courts that maximize training but would less
detrimental to one’s physical wellbeing by reducing risk of joint
strain and injury. INSAND also seeks to build a connection with the
community and adapt the programs and classes based on the
needs and goals of the community, which be beneficial to their
overall health. Additionally, redeveloping the site, would address
safety concerns, as more activity would occur in the area.
Furthermore, the closest residentially zone or used property is
located approximately 200 feet from the facility, which would
provide separation from the activity and noise. Lastly, conditions of
approval will address any potential negative or adverse impacts
created by the use. Therefore, the granting of the CUP will not
negatively impact any sensitive land uses that may be nearby.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding the
area.
The establishment of INSAND would not adversely affect the
economic stability of the area, as the facility would be established
Resolution No. 2023-29
Page 3 of 9
at a developed site within an existing pad area where the proposed
improvements as part of this application would improve the overall
conditions of the area. Furthermore, reinvestment to the area would
indirectly benefit the economic stability of the City by encouraging
other owners to redevelop and welcome other new businesses to
establish their flagship in Santa Ana.
4. That the proposed use will comply with the regulations and conditions
specified in Chapter 41 of the SAMC for such use.
The proposed outdoor fitness facility/community service center
would be in compliance with all applicable regulations and
operational standards imposed on fitness facilities pursuant to
Chapter 41 of the SAMC. The facility would reduce facility
previously approved 32,338 square feet to a combined 7,870 thus
reducing the overall parking demand and eliminating the need for a
minor exception previously granted to the YMCA. Additionally, the
proposed height of the 50-foot rock-climbing tower would be
incompliance with City standards as the site is located within a
height exempt area and situated at least 40 feet from the closest
property line. In addition, operational standards and imposed
conditions of approval will ensure the project remains in compliance
with all applicable codes and regulations related to such land uses
to ensure that the use does not impact neighboring properties or
create an attractive nuisance.
5. 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.
Approval of proposed CUP would be consistent with several goals
and policies of the General Plan. Goal 3 of the Community Element
(CM) promotes the health and wellness of all Santa Ana residents
and Policy CM-3.7 supports programs that promote sports, fitness,
walking, biking, and active lifestyles, which is consistent with the
proposed project. The INSAND vision is to provide a unique
approach to physical training that would accessible to various age
groups and physical activity levels. Additionally, the approval of the
project would reintroduce that would reintroduce a fitness facility to
the surrounding area. Also in line with promoting health and
wellness. Goal 2 of the Land Use Element (LU) encourages a
balance of land uses that meet Santa Ana’s diverse needs. The
proposed project would be similar to the previous use and reduce
the mass and scale of the project in a manner that would be
compatible with the surrounding area. Goal 3 of the LU encourages
preservation and improvement of the character and integrity of
existing neighborhoods and districts, which is consistent with the
request as the applicant would be making site improvements to not
only maintain but also enhance the character of the surrounding
area. The request is also in line with Policy 3.7, which promotes a
Resolution No. 2023-29
Page 4 of 9
clean, safe, and creative environment for Santa Ana’s residents,
workers, and visitors, as the proposed redevelopment would
revitalize the underutilized site and reinvest in the built out
community.
Section 2. In accordance with the California Environmental Quality Act (CEQA) and
the CEQA Guidelines, the project is categorically exempt from further review Section 15302
of the CEQA Guidelines (Class 2 – Replacement or Reconstruction). Class 2 exemptions
apply to replacement of commercial structures with new structures of substantially the same
size, purpose, and capacity. The project proposes to establish a fitness facility/community
service center on a site previous utilized by a fitness facility and would be located within the
same footprint of the previous structure. As such, a Notice of Exemption, Environmental
Review No. 2022-62, will be filed for this project.
Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any
of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and
instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of
mandamus, referendum, and other proceedings (whether legal, equitable, declaratory,
administrative or adjudicatory in nature), and alternative dispute resolution procedures
(including, but not limited to arbitrations, mediations, and such other procedures), judgments,
orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials,
officers, employees, agents, departments, agencies, and instrumentalities thereof, that
challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or
approval issued by the City and/or any of its officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof (including actions approved by the voters of the City) for
or concerning the project, whether such Actions are brought under the Ralph M. Brown Act,
California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act,
Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent
jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel
providing the City’s defense, and that Applicant shall reimburse the City for any costs and
expenses directly and necessarily incurred by the City in the course of the defense. City shall
promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the
defense of the Action.
Section 4. The Planning Commission of the City of Santa Ana, after conducting the
public hearing, hereby approves Conditional Use Permit No. 2023-19, as conditioned in Exhibit
A, attached hereto and incorporated herein, to allow for an outdoor fitness facility/community
service center to be located at 2100 West Alton Avenue. This decision is based upon the
evidence submitted at the above-referenced hearing, including but not limited to: The Request
for Planning Commission Action dated November 13, 2023, and exhibits attached thereto; and
the public testimony, written and oral, all of which are incorporated herein by this reference.
[Signatures on the following page]
Resolution No. 2023-29
Page 5 of 9
ADOPTED this 13th day of November 2023 by the following vote.
AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Jennifer Oliva, Bao
Pham, Isuri Ramos, Alan Woo (6)
NOES: Commissioners:
ABSENT: Commissioners: Christopher Leo (1)
ABSTENTIONS: Commissioners:
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jose Montoya
Assistant City Attorney
Resolution No. 2023-29
Page 6 of 9
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2023-29 to be the original resolution adopted by the Planning Commission of
the City of Santa Ana on November 13, 2023.
Date:
Nuvia Ocampo
Recording Secretary
City of Santa Ana
Resolution No. 2023-29
Page 7 of 9
EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2023-19
Conditional Use Permit (“CUP”) No. 2023-19 allowing for operation of an outdoor fitness
facility/community service center 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 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.
1. The Applicant must comply with all conditions and requirements of the Development
Review Committee for the Development Project (DP) No. 2022-13.
2. The proposed facility shall be maintained as per approved plans and any existing
landscaping shall be enhanced and well maintained. Any damage to existing
structures, walls, parking areas, or landscaping must be repaired to the satisfaction of
the Planning Division.
3. 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 if the conditional use permit must be amended.
4. Violations of the CUP, as contained in Section 41-647.5 of the SAMC, will be grounds
for permit suspension and/or revocation as described in Section 41-651 of the SAMC.
5. The applicant shall provide a conforming trash enclosure and submit plans for
Planning Division review prior to issuance of any Building Permit or Certificate of
Occupancy.
6. All group fitness classes utilizing amplified audio or music shall cease by 9:00 p.m.
Should any concerns arise from neighboring properties, the owner is to work with
Planning Division and community members staff to mitigate any impacts.
7. There shall be no amplified music audible beyond the property boundaries. All
proposed activities shall be in conformance with the Article VI (Noise Control) of the
SAMC.
8. No massage establishments or massage use shall be approved in conjunction with
this fitness facility.
9. Any outdoor special events or temporary outdoor activities, including but not limited
to, tournaments, fund-raising events, or promotional events, shall be in compliance
with all provisions outlined in Section 41-195.5 of the SAMC.
Resolution No. 2023-29
Page 8 of 9
10. Prior to issuance of the Certificate of Occupancy, the property shall be brought into full
maintenance compliance with all applicable SAMC standards. Maintenance shall
include, but is not limited to: the repair and upkeep of the property; cleanup of trash
and debris; repair and upkeep of any damaged and/or weathered components of the
building (e.g., siding, windows, architectural features); repair and upkeep of exterior
paint; parking striping, lighting and irrigation fixtures; landscaping and related
landscape, furnishing, and hardscape improvements.
11. Prior to the issuance of the Certificate of Occupancy, a Property Maintenance
Agreement shall be recorded against the property. The agreement will be subject to
review and applicability by the Planning and Building Agency, the Community
Development Agency, the Public Works Agency, and the City Attorney to ensure that
the property and all improvements located thereupon are properly maintained.
Applicant (and the owner of the property upon which the authorized use and/or
authorized improvements are located if different from the Applicant) shall execute a
maintenance agreement with the City of Santa Ana which shall be recorded against
the property and which shall be in a form reasonably satisfactory to the City Attorney.
The maintenance agreement shall contain covenants, conditions and restrictions
relating to the following:
a. Compliance with operational conditions applicable during any period(s) of
construction or major repair (e.g., proper screening and securing of the
construction site; implementation of proper erosion control, dust control and
noise mitigation measure; adherence to approved project phasing etc.);
b. Compliance with ongoing operational conditions, requirements and restrictions,
as applicable (including but not limited to hours of operation, security
requirements, the proper storage and disposal of trash and debris,
enforcement of the parking management plan, and/or restrictions on certain
uses);
c. Ongoing compliance with approved design and construction parameters,
signage parameters and restrictions as well as landscape designs, as
applicable;
d. Ongoing maintenance, repair and upkeep of the property and all improvements
located thereupon (including but not limited to controls on the proliferation of
trash and debris on or about the property; the proper and timely removal of
graffiti; the timely maintenance, repair and upkeep of damaged, vandalized
and/or weathered buildings, structures and/or improvements; the timely
maintenance, repair and upkeep of exterior paint, parking striping, lighting and
irrigation fixtures, walls and fencing, publicly accessible bathrooms and
bathroom fixtures, landscaping and related landscape improvements and the
like, as applicable);
e. If Applicant and the owner of the property are different (e.g., if the Applicant is
a tenant or licensee of the property or any portion thereof), both the Applicant
and the owner of the property shall be signatories to the maintenance
agreement and both shall be jointly and severally liable for compliance with its
Resolution No. 2023-29
Page 9 of 9
terms;
f. The maintenance agreement shall further provide that any party responsible
for complying with its terms shall not assign its ownership interest in the
property or any interest in any lease, sublease, license or sublicense, unless
the prospective assignee agrees in writing to assume all of the duties,
obligations and responsibilities set forth under the maintenance agreement;
g. The maintenance agreement shall contain provisions relating to the
enforcement of its conditions by the City and shall also contain provisions
authorizing the City to recover costs and expenses which the City may incur
arising out of any enforcement and/or remediation efforts which the City may
undertake in order to cure any deficiency in maintenance, repair or upkeep or
to enforce any restrictions or conditions upon the use of the property. The
maintenance agreement shall further provide that any unreimbursed costs
and/or expenses incurred by the City to cure a deficiency in maintenance or
to enforce use restrictions shall become a lien upon the property in an amount
equivalent to the actual costs and/or expense incurred by the City; and
h. The execution and recordation of the maintenance agreement shall be a
condition precedent to the issuance of final approval for any construction permit
related to this entitlement.