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HomeMy WebLinkAbout75B - PH INDOOR SPORTS FACILITIES REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: CITY COUNCIL MEETING DATE: AUGUST 18, 2008 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2008 - 03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE IN ORDER TO ALLOW INDOOR SPORTS FACILITIES WITHIN THE LIGHT INDUSTRI~. (M-11 ZONING DISTRICT () /. 2 ! I ,I i ! / ~ I::..i-t<---. l/ ) "'---- 0..../ ITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Negative Declaration for Environmental Review No. 2008-127. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-03. PLANNING COMMISSION ACTION On July 28, 2008, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2008-127 and adopt an ordinance approving Zoning Ordinance Amendment No. 2008-03 by a vote of 6:0 (Alderete absent) to allow indoor sports facilities within the Light Industrial (M-1) zoning district. The Planning Commission made no changes to the modifications outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ~~~no Executive Director Planning & Building Agency MF:rb mf/report8/zoa08~03 Indoor Recreation.cc 75B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: JULY 28, 2008 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2008-03 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE IN ORDER TO ALLOW INDOOR SPORTS FACILITIES WITHIN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Matt Foulkes ~1~ . ; Executive Director A! ~ !~ ~ . '-" Pla~ing Mager RECOMMENDED ACTION Recommend that the City Council: 1. Approve and adopt the Negative Declaration for Environmental Review No. 2008-127. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-03. DISCUSSION Background The City of Santa Ana has received an increasing number of inquiries regarding the opportunity to locate indoor sports facilities in the Light Industrial (M-1) Zone. Examples of these facilities include indoor soccer, batting cages and go-cart racing. The Santa Ana Municipal Code currently does not distinguish between recreational and entertainment uses, and does not permit either in industrial zones. This type of use has historically been identified as more appropriate in commercial zones and is currently permitted with a conditional use permit in the Community Commercial (C-1), General Commercial (C-2), Downtown Commercial (C-3) and Professional (P) zoning districts. While indoor entertainment and recreation will continue to be a conditionally permitted use, the evolving needs of indoor sports facilities, as well as the need to provide additional recreational opportunities, has prompted the City to evaluate the potential of allowing these uses in the light industrial zone. The addition of indoor sports facilities in the Light Industrial zone will provide benefit to both industrial property owners and the surrounding community. Industrial property owners will benefit by further EXHIBIT A 75B-2 Zoning Ordinance Amendment No. 2008-03 July 28, 2008 Page 2 diversifying the permitted uses on their properties, which will provide for access to a larger pool of potential tenants. The addition of recreational uses in the Light Industrial zone will also benefit the community by augmenting the already constrained public park system by providing residents with additional opportunities to exercise and recreate. Several nearby cities in Orange County have acknowledged the need for indoor sports facilities to locate in industrial zones and have modified their municipal codes to permit and regulate these uses. Staff presented several of these examples from other cities at the June 9, 2008 Planning Commission study session. The Commission, expressing support for the idea of providing new revenues for community recreation, directed staff to continue research and craft development standards. Analysis of the Issues As part of its research effort, staff conducted a comprehensive review and analysis of existing indoor sports facilities in surrounding Orange County Cities, namely Anaheim, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Irvine, La Habra, Lake Forest and Orange (Exhibit 1). Zoning Ordinance Amendment No. 2008 - 03 proposes to amend the Santa Ana Municipal Code to establish indoor sports facilities as a conditionally permitted use in the Light Industrial (M-1) Zoning District. The primary goal of the proposed ordinance is to add a new use to the Light Industrial zone without negatively impacting the existing industrial base. In order to accomplish this goal, and support Policy 1.8 of the Land Use Element of the General Plan, encouraging the development of commercial recreational facilities and services, staff has created appropriate development standards relating to parking, outdoor storage and hours of operation in order to prevent this use from having a negative impact on surrounding properties (Exhibit 2). While surrounding cities have addressed the parking requirements for indoor sports facilities on a case by case basis, this ordinance proposes to establish a parking requirement which will apply to all indoor sports uses that do not already have a parking requirement defined in the Municipal Code. The provision of an explicit parking standard will allow potential applicants to evaluate the feasibility of their project before entering into the discretionary action process. After analyzing the parking requirements of various indoor sports facilities, a parking 75B-3 Zoning Ordinance Amendment No. 2008-03 July 28, 2008 Page 3 requirement of two spaces per 1, 000 square feet wi th a minimum of 20 parking spaces provided on site was determined to best balance the need for parking and the existing availability of parking on industrial properties. The primary concern regarding operational standards for indoor sports facilities is to prevent these uses from disturbing the existing industrial framework. To address this concern operational standards including the requirement that all activities take place within an enclosed building and that any outdoor storage of equipment or materials be fully screened by a solid block wall have been added to the proposed ordinance. The hours of operation for indoor sports facilities has also been limited to between 7:00 a.m. and 10:00 p.m. seven days a week. Although these hours of operation overlap with typical hours of operation for industrial facilities, based on other recreational facilities analyzed, the peak hours of operation will be in the evenings and on the weekends, when potential impacts to surrounding properties will be minimal. Presently, Chapter 41 of the Santa Ana Municipal Code does not separate recreational from entertainment uses. In addition to the development and operational standards, several new definitions are proposed to more clearly define indoor sporting facilities. Indoor sporting facilities will be defined as the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. The definition will also include examples of typical indoor sports to help guide its implementation in the future. In addition to these new development standards and definitions staff is recommending that indoor sports facilities require a conditional use permit in the Light Industrial zone. A conditional use permit requirement will maintain consistency with the existing requirements in the commercial zones as well as allow staff the opportunity to review each project on an individual basis and apply specific conditions unique to that site. The conditional use permit requirement will also allow the Planning Commission and the public the opportunity to review each case and provide additional conditions or comments as necessary. Based upon the above analysis and the proposal's consistency with the General Plan Policy of encouraging the private development of recreational facilities to address basic community needs, it is recommended that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2008-03. 75B-4 Zoning Ordinance Amendment No. 2008-03 July 28, 2008 Page 4 CEQA Compliance In accordance with the California Environmental Quality Act, Negative Declaration Environmental Review No. 2008-127 has been prepared for this project (Exhibit 3). The proposed addition of indoor sports facilities as a conditionally permitted use in the Light Industrial zone was found to have no significant impacts on the environment. Through the conditional use permit process any subsequent proj ects may be reviewed for their individual environmental compliance. ~ Verny Carvajal Senior Planner Matt Foulkes Assistant Planner I MF:jm mf/reports/zoa08-03 Indoor Recreation.pc 75B-5 Indoor Sports Facilities - Zoning Ordinance Amendment Survey of Surrounding Cities trl >< = .. == .. --3 1?0o" City Name Name of Indoor Sports Recreation Type Zone Type of Permit Facilitv Reviewed Reauired Anaheim American Sports Center Indoor Soccer Industrial (I) Conditional Use Permit Costa Mesa Rockreation Rock Climbing General Industrial Special Use Permit (MG) Fountain Valley Five-star Sports Academy Batting Cages M-1 (Light Industrial) Conditional Use Permit Fullerton Up Your Average Batting Cages M-P (Manufacturing Conditional Use Permit Park) Garden Grove Garden Grove Arena Soccer Arena Soccer Open Space Conditional Use Permit Park Irvine K-1 Speed Irvine, LLC Go-carting IBC Multi-Use Conditional Use Permit La Habra The Hitting Zone Batti ng Cages M-1 (Light Conditional Use Permit ManufacturinQ) Lake Forest Solid Rock Gym Rock Climbing M-1 (Light Industrial) Special Use Permit Orange Dromo-1 Go-carting M-2 Conditional Use Permit 41-67.9 Health clubs and gymnasiums A health club and gymnasium shall mean a commercial facility providing instruction and equipment designed to promote or improve the health of the clients. 41-79.2 Indoor sport facility. Indoor sport facility shall mean the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. Examples of indoor sport facilities include, but are not limited to physical or recreational activities requiring a large floor area such as: soccer fields, go-cart racing, batting cages, bowling alleys, or rock climbing. "Indoor sport facility" shall not include cyber cafes as defined by Section 41-45; gymnasium or health club as defined under Section 41-67.9; recreational or entertainment uses defined under Section 41-142; or slot car or radio controlled vehicles tracks. Sec. 41-472.5. Uses subject to a conditional use permit in the M1 district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. EXIf!!r-7 U) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (I) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (0) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Indoor sport facility, subject to development and operational standards set forth in section 41-482. 75B-8 41-482. Indoor sport facility in the M1 District In addition to the provisions of this chapter, indoor sport facilities shall comply with the following development and operational standards: (a) All business activities shall by conducted and located within an enclosed structure. (b) Any outdoor storage of equipment or materials shall be fully screened by a decorative masonry block wall. (c) No indoor sport facility shall operate before 7:00 a.m. or after 10:00 p.m. on any day of the week. (d) Ancillary uses including: meeting rooms, snack bars and equipment rental or sales are permitted within an indoor sport facility provided that their gross floor area of the ancillary use does not exceed 20% of the total building area. (e) Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation. DIVISION 4. ENTERTAINMENT AND RECREATIONAL USES AND INDOOR SPORT FACILITIES 41-1380 Unspecified entertainment or recreation uses or indoor sport facilities. (a) The minimum off-street parking requirement for any entertainment or recreation use or indoor sport facility which cannot reasonably be considered within the scope of any other section within this division are as follows: two (2) spaces for each one thousand (1000) square feet of gross floor area, but in no case shall the parking be less than twenty (20) spaces. (b) The planning director shall determine which entertainment or recreation uses or indoor sport facilities are reasonably within another section of this division or are subject to the parking requirements of this section. Such determination may be appealed to the planning commission and the city council. 75B-9 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988. Santa Ana, California 92702 (714) 667-2700 . Fax (714) 973-1461 www.santa-ana.org NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Amendment to Chapter 41 - Regulating indoor sporting facilities in the Light Industrial (M-1) zoning district within the City Project Description: The proposed project consists of the following: To amend the City of Santa Ana Municipal Code by adding new definitions, development standards and operational standards regarding indoor sports facilities citywide. Indoor sports facilities will be added as a conditionally permitted use within the Light Industrial (m-1) zoning district subject to appropriate development and operational standards. Project Location: Project Number: Public Review Period: Citywide ZOA 2008-03, ER 2008-127 7-23-08 to 8-11-08 7-28-08 City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 5-13-08. Please direct your comments to: Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. Hearing Date: Hearing Location: If you have any questions or would like any additional information, please contact Matt Foulkes at (714) 667- 2712. ExljlSIBl-1 0 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY MANAGER David N. Ream CITY A TIORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 . Santa Ana, California 92702 (714) 667-2700' Fax (714) 973-1461 www.santa-ana.org ~~GAthIE[lEetARAtIQN' Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: ZOA 2008-03, ER 2008-127 Applicant: City of Santa Ana Project Location I Address: Citywide Project Title I Description: Amendment to Chapter 41 of the Santa Ana Municipal Code- regulating indoor sporting facilities in the Light Industrial zoning district. The proposed project would amend the City of Santa Ana Municipal Code to include definitions, development standards and operational standards for indoor sporting facilities. Indoor sporting facilities will be permitted with a conditional use permit in the Light Industrial zoning district and subject to applicable development and operational standards. And does hereby find: That the proposed project cannot, or will not, have a significant effect on the environment. Negative Declaration status is therefore granted for this project. No mitigation measures are required for the proposed project. Jff% Environmental Coordinator Date: rftJlor Signature: This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 75B-11 awfA Environmental Checklist CEQA Compliance PLANNING DIVISION I. Project Title: Amendment to Chapter 41 - Requlatinq indoor sportinq facilities in the Liqht Industrial zoninq district. II. Project Numbers: ZOA-2008-03. ER 2008-127 III. lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Matt Foulkes (714) 667-2712 V. Project location: Citywide VI. Project Sponsor's Name and Address: City of Santa Ana Planning Division VII. General Plan Designation: Citywide VIII. Zoning: Citywide IX. Description of Project: The proposed project would amend the City of Santa Ana Municipal Code by adding new definitions, development standards and operational standards regarding indoor sporting facilities within the light industrial zoning district. The proposed amendment would add indoor sporting facilities as a conditionally permitted use in the Light Industrial Zone subject to specified conditions. X. Surrounding land Uses and Setting: Citywide XI. Other agencies whose approval is required. No approval is required from outside agencies. LL\M:\Development Projects\1301 E. Edinger -Indoor Soccer CUP & ZOAINegative Declaration Docs\lndoor Recreation - Environmental checklist and responses.doc 75 B -1 2 Page 1 of 2 anfA Environmental Checklist CEQA Compliance Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impacf' as indicated by the checklist on the following pages. 0 Aesthetics 0 Agricultural Resources 0 Air Quality 0 Biological Resources 0 Cultural Resources 0 Geology and Soils 0 Hazards and Hazardous Materials 0 Hydrology and Water Quality 0 Land Use and Planning 0 Mineral Resources 0 Noise 0 Population and Housing 0 Public Services 0 Recreation 0 Transportation and Traffic 0 Utilities and Service Systems 0 Mandatory Findings of Significance Environmental Determination On the basis of this initial evaluation, I find that: A. r8J The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. 0 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. c. 0 The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. 0 Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. - ) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. 0 Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. 0 Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. Si9!f~ 1ftJ/ (; ~ Date Matt Foulkes. Assistant Planner I Printed Name LL\M:\Development Projects\1301 E. Edinger - Indoor Soccer CUP & ZOAWegative Declaration Docs\lndoor Recreation - Environmental checklist and responses.doc 75 B -1 3 Page 2 of 2 ....... aR~fA Environmental Checklist CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impacf' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impacf' answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impacf' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Less than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? 0 0 0 r8;J B. Damage scenic resources, including but not limited 0 0 0 r8;J to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? 0 0 0 r8;J D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 0 0 0 r8;J 75B-14 arr~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or 0 Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) o o [gJ B. Conflict with existing zoning for agricultural use or a 0 Williamson Contract? o o [gJ C. Involve other changes in the existing environment 0 which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? o o [gJ III. Air Quality - Where available, the significant criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of 0 applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or 0 contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase 0 of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant 0 concentrations? 75B-15 o o [gJ o o [gJ o o [gJ o o [gJ an~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact E. Create objectionable odors affecting a substantial 0 number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly 0 or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian 0 habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands 0 (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances 0 protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the 0 significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the 0 significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique 0 paleontological resource or site? 75B-16 Less than Significant with Mitigation Incorporated o o o o o o o o Less Than Significant Impact o o o o o o o o No Impact ~ ~ ~ ~ ~ ~ ~ ~ ~~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact D. Disturb any human remains, including those D interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as D delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? D including D 3. Seismic-related ground failure, liquefaction? 4. Landslides? D B. Would the project result in substantial soil erosion D or the loss of topsoil? C. Would the project result in the loss of a unique D geologic feature? D. Is the project located on strata or soil that is D unstable or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? E. Where sewers are not available for the disposal of D wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? 75B-17 Less than Significant with Mitigation Incorporated D D D D D D D D D Less Than Significant Impact D D D D D D D D D No Impact ~ ~ ~ ~ ~ ~ ~ ~ ~ an~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the 0 environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or 0 acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of 0 hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan 0 or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water 0 quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or 0 interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (Le., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of 0 the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? Issues & Supporting Information Sources Less than Significant with Mitigation Incorporated o o o o o o o Less Than Significant Impact o o o o o o o No Impact ~ ~ ~ ~ ~ ~ ~ Potentially Less than Less Than No 75B-18 crrr~fA Environmental Checklist CEQA Compliance Significant Impact D. Create or contribute runoff water which would D exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? D F. Place housing within a 100-year floodplain, as D mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which D would impede or redirect flood flows? H. Expose people or structures to a significant risk of D loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to D receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water D quality during or following construction? K. Could the proposed project result in increased D erosion downstream? L. Result in increased impervious surfaces and D associated increased runoff? M. Create a significant adverse environmental impact D to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as D listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? 75B-19 Significant with Mitigation Incorporated D D D D D D D D D D D Significant Impact D D D D D D D D D D D Impact lZl lZl lZl lZl lZl lZl lZl lZl lZl lZl lZl arr~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact O. Tributary to other environmentally sensitive areas? D If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact D on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on D groundwater quality? R. Cause or contribute to an exceedance of applicable D surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? D IX. land Use and Planning - Would the project: A. Physically divide an established community? D Conflict with any applicable land use plan, policy, or D regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? B. C. Conflict with any applicable habitat conservation D plan or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally- D important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 75B-20 Less than Significant with Mitigation Incorporated D D D D D D D D D Less Than Significant Impact D D D D D D D D D No Impact 1ZI 1ZI 1ZI 1ZI 1ZI 1ZI 1ZI 1ZI 1ZI arrfA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise 0 levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive 0 ground borne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise 0 levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in 0 ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan 0 or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, 0 either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, 0 necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, 0 necessitating the construction of replacement housing elsewhere? 75B-21 Less than Significant with Mitigation Incorporated o o o o o o o o Less Than Significant Impact o o o o o o o o No Impact ~ ~ ~ ~ ~ ~ ~ ~ an~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: 1. Fire protection? o o o o o 2. Police protection? 3. Schools? 4. Parks? 5. Other public facilities? XIV. Recreation A. Would the project increase the use of existing 0 neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or 0 require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? xv. Transportation J Traffic A. Cause an increase in traffic which is substantial in 0 relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections )? 75B-22 Less than Significant with Mitigation Incorporated o o o o o o o o Less Than Significant Impact o o o o o o o o No Impact ~ ~ ~ ~ ~ ~ ~ ~ ~~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact B. Exceed, either individually or cumulatively, a level 0 of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including 0 either an increase in traffic levels or a change in location that results in substantial safety risks? C. D. Substantially increase hazards to a design feature 0 (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? 0 Result in inadequate parking capacity? 0 Conflict with adopted policies supporting alternative 0 transportation (e.g., bus turnouts, bicycle racks)? F. G. XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the 0 applicable Regional Water Quality Control Board? B. Require or result in the construction of new water 0 or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm 0 water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the 0 project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater 0 treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 75B-23 Less than Significant with Mitigation Incorporated o o o o o o o o o o o Less Than Significant Impact o o o o o o o o o o o No Impact ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~fA Environmental Checklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact F. Is the project served by a landfill with sufficient D permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and D regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the D quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually D limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects.) C. Does the project have environmental effects which D will cause substantial adverse effects on human beings, either directly or indirectly? 75B-24 Less than Significant with Mitigation Incorporated D D D D D Less Than Significant Impact D D D D D No Impact ~ ~ ~ ~ ~ ~~fA Responses to Environmental Checklist For CEQA Compliance The following is an analysis of potential environmental impacts associated with the proposed project based upon the City of Santa Ana Environmental Checklist. The analysis incorporates by reference information from the environmental impact report for the Santa Ana General Plan Land Use Element (EIR No. 97-1). REQUEST The proposed project is a request to amend the City of Santa Ana Municipal Code to establish an ordinance to define and regulate massage establishments and massage technician permits citywide. PROJECT DESCRIPTION The proposed amendment to the Municipal Code would establish new definitions and regulations for the operation of massage establishments and massage technician permits. These new regulations would establish location criteria as well as development and operational standards for this new use. RESPONSES TO ENVIRONMENTAL CHECKLIST The following is an analysis of potential environmental impacts associated with the proposed amendment to the Municipal Code to establish an ordinance to regulate massage establishment uses. The analysis is based upon the City of Santa Ana Environmental Check List. The analysis focuses on impacts associated with approval of the proposed amendment to the municipal code. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in adverse impacts to any scenic vista, or scenic resource, in that future indoor recreation facilities implemented under the proposed ordinance would not be located in areas that contain scenic vistas. Additionally, through the City's development review process, proposed indoor sporting facilities implemented under the amended zoning ordinance would be evaluated for potential aesthetic impacts. Where needed, mitigation measures would be required to minimize potential aesthetic impacts. C. Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact 75B-25 crnf^ Responses to Environmental Checklist For CEQA Compliance Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor recreation facilities would not degrade the visual character of the City, in that the proposed ordinance would establish criteria to help minimize potential visual impacts associated with location and operation of indoor sporting facilities. Through the conditional use permit process, proposed indoor sporting facilities would be subject to planning review to ensure compliance with the standards established in the proposed ordinance as well as evaluated for potential aesthetic impacts. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Impact The proposed amendment to the Municipal Code to regulate indoor sporting facilities would not introduce substantial amounts of new light and glare impacts, in that the proposed ordinance would establish criteria to regulate onsite lighting. Additionally, indoor sporting facilities permitted under the proposed ordinance would typically be located in existing industrial areas with onsite or nearby street lighting. II. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non- agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limited amount of Prime and Unique Farmlands. Approval of the proposed amendment to the Municipal Code to regulate indoor sporting facilities would not result in impacts to agricultural resources, in that the proposed ordinance would not permit indoor sporting facilities in areas that contain Prime Farmlands or Unique Farmlands. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and local general plans. The proposed zoning ordinance 75B-26 2 aIT~fA Responses to Environmental Checklist For CEQA Compliance amendments would not have any effect on the growth projections in the City's General Plan. Therefore, approval of the proposed ordinance would not be in conflict with the South Coast AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? D. Expose Sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? No Impact Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in any short-term construction related or long-term operational air quality impacts or odor impacts, in that approval of the proposed ordinance would not involve any activities that would emit long-term or short-term air quality emissions or odor pollutants. Through the land-use certificate and conditional use permit process future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential long-term and short-term air quality impacts and odor impacts. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact According to the City's Updated General Plan Land Use Element EIR and the California Department Fish and Game Natural Diversity Data Base, there is a limited amount of sensitive biological resources within the City. Approval of the proposed ordinance amendments would not result in any adverse impacts to any sensitive biological resources, in that the proposed ordinance would not permit indoor sporting facilities in areas that contain sensitive biological resources. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? 75B-27 3 ~~fA Responses to Environmental Checklist For CEQA Compliance c. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. No Impact According to the City's General Plan Land Use Element EIR, the City of Santa Ana is known to contain cultural resources. Additionally, according to the General Plan Land Use Element EIR there is high probability that unknown cultural resources may exist in the City. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in impacts to any cultural resource, in that approval of the proposed ordinance would not involve any activities that would disturb known or unknown cultural resources. Through conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential impacts to known and unknown cultural resources. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? A-2. Strong Seismic Ground shaking? A-3. Seismic-related ground failure, including liquefaction? A-4. Landslides No Impact According to the City's General Plan Land Use Element EIR there are no active earthquake faults, Alquist- Priolo Earthquake Zones or landslides within the City. However, several active faults are located within fifty miles of the City. In the event a moderate to high earthquake occurs along one of these faults, portions of the City could experience moderate seismic shaking impacts. However, the seismic risks in Santa Ana are similar to other areas in the southern Californian region. Additionally, according to the General Plan Land Use Element EIR, the potential for liquefaction hazards within the City ranges from very low to very high. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not increase the potential for seismic impacts, and liquefaction impacts, in that the approval of proposed ordinance would not involve the development of any structures that would be subject to seismic shaking impacts or liquefaction hazards. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential seismic risks. B. Would the project result in substantial soil erosion or the loss of topsoil? No Impact Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in or increase the potential for soil erosion or sedimentation impacts, in that the approval of the proposed ordinance would not involve any activities that would disturb soils. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. 75B-28 4 crrr~fA Responses to Environmental Checklist For CEQA Compliance C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR there are no known geological hazards or unique geologic features in the City. Therefore, approval of the proposed ordinance amendments would not result in the loss of any unique geologic features. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact According to the City's General Plan Land Use Element EIR, Santa Ana contains a wide variety of soil types and associated geotechnical constraints. Approval of the proposed ordinance amendments would not involve the construction of any structures that would be subject to geotechnical constraints. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential soil constraints. Additionally, future indoor sporting facilities implemented under the proposed ordinance would be required to use sewer systems. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed ordinance amendments would not result in the creation of or increase the potential of any significant hazardous material impacts to the public, in that the approval of the proposed ordinance would not involve any activities that would include the handling, storage or distribution of hazardous materials or emit hazardous emissions. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed amendments to the Municipal Code would not increase the potential for safety hazards for people residing in or working within the City. 75B-29 5 crrr~fA Responses to Environmental Checklist For CEQA Compliance HYDROLOGYIWATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? I. Result in an increase in pollutant discharges to receiving waters? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? No Impact The City of Santa Ana is included within four watersheds; San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana does not contain any impaired water bodies, as defined by Section 303 of the Clean Water Act. However, the City does contain several drainage facilities that convey surface water runoff into bodies of water that are classified as impaired. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not directly involve routine waste discharges that would be in conflict with water quality standards established by the State Regional Water Quality Control Board, in that the approval of the proposed ordinance would not involve any long term operations or construction activities that would involve the discharge of water. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact The City of Santa Ana receives 66% of its water from underground water supplies. The underground water basin in the City ranges from -50-feet to +40-feet above sea level. Presently, the City pumps underground water from 21 water wells. Fourteen of the water wells pump ground water into small surface reservoirs. The remaining seven water wells pump underground water into the City's distribution system. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in adverse impacts to underground water supplies or prevent the recharge of underground water supplies, in that approval of the proposed ordinance would not involve any activities that would impact underground water supplies or provide impervious surfaces that would prevent the recharge of underground water supplies. 75B-30 6 arr~fA Responses to Environmental Checklist For CEQA Compliance C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run- off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. No Impact The City of Santa Ana has a Master Plan of Drainage to guide the construction of adequate drainage facilities in the City. The facilities include a series of underground storm drain systems, open storm drain systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates of surface water runoff are increased and existing drainage facilities are unable to accommodate the additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of additional amounts of impervious surfaces, or through changes to existing drainage patterns. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not alter existing drainage patterns or increase existing rates of surface water runoff, in that approval of the proposed ordinance would not introduce additional impervious surfaces or involve the development of any activities that would impact existing drainage patterns. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential drainage impacts. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The City's General Plan identifies that portions of Santa Ana are within the 1 DO-year flood Zone. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not facilitate development within areas subject to 1 DO-year flood risks. J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? No Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Approval of the proposed ordinance would not result in erosion impacts, in that the proposed amendments would not involve any construction activities that would disturb or uncover soils to facilitate erosion impacts. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential soil erosion impacts and would be subject to the City's erosion control requirements. 75B-31 7 ~~fA Responses to Environmental Checklist For CEQA Compliance O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? S. Impact aquatic, wetland or riparian habitat? No Impact According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh waters or wetlands in the City. However, the City does contain several drainage systems that convey drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could adversely impact sensitive marine resources. Approval of the proposed ordinance would not result in any activities that would discharge pollutants into sensitive downstream marine resources. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential water quality impacts and would be subject to the City's storm water protection requirements. LAND USE/PLANNING A. Physically divide an established community? No Impact The proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would provide location criteria and operational standards to ensure that indoor sporting facilities would not encroach into or physically divide any established communities or neighborhoods in Santa Ana. No adverse land use impacts would be associated with the approval of the proposed ordinance. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? No Impact The proposed project would amend the City's Municipal Code by establishing an ordinance that provides criteria for the location and operation of indoor sporting facilities. Approval of the proposed ordinance would not be in conflict with the City's General Plan or any other relevant planning program in the City. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, there are no habitat conservation plans or natural community conservation plans established within the City of Santa Ana. Therefore, approval of the proposed ordinance would not be in conflict with any habitat conservation or natural community conservation plan. 75B-32 8 ~~fA Responses to Environmental Checklist For CEQA Compliance MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact The City's General Plan Land Use Element EIR identifies that there are no areas in Santa Ana that contains Significant Mineral Aggregate Resource Areas. Therefore, approval of the proposed ordinance would not result in adverse impacts to any significant mineral resource. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. B. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. C. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not result in any long-term noise or ground borne vibration impacts, in that the proposed ordinance would not involve any activities that would emit long term operation noise impacts or short term construction related noise impacts. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential noise impacts and would be subject to the City's noise standards. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact According to the Orange County Airport Environs Land Use Plan portions of Santa Ana are impacted by aircraft noise. Approval of the amendments to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not facilitate development within areas impacted with aircraft noise. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential aircraft noise impacts and would be subject to the City's noise standards. POPULATION/HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. 75B-33 9 aR~fA Responses to Environmental Checklist For CEQA Compliance C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not induce substantial growth in the City or displace substantial numbers of existing housing or population, in that approval of the proposed ordinance would not involve any activities that would generate additional population or displaces homes and/or population. PUBLIC SERVICES Fire Protection, Police Protection, Schools, Parks, Other Public Facilities No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not increase the demand for additional public services over current levels of service being provided in the City, in that the approval of the proposed ordinance would not involve any activities that would substantially increase the demands for public services. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential public service impacts. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact Approval of the proposed ordinance would not increase the use of any recreational facilities or result in the significant need for additional recreational facilities, in that the proposed ordinance would not involve any activities that would increase the demands for recreational facilities. The proposed ordinance would in fact likely reduce the demand on recreational facilities by providing additional indoor facilities to serve the City's need for recreation. No adverse impacts to recreation facilities would be associated with the approval of proposed ordinance. TRANSPORT ATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature 75B-34 10 an~fA Responses to Environmental Checklist For CEQA Compliance E. Result in inadequate emergency access F. Result in inadequate parking capacity G. Conflict with adopted policies supporting alternative transportation No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not have an impact on traffic volumes, roadway configurations, parking capacities, emergency access or level of services established in the County of Orange Congestion Management Plan, in that the proposed ordinance would not involve any activities that would generate . additional traffic or parking needs. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential traffic, circulation and parking impacts. UTILITIES/SERVICE SYSTEMS A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? No Impact Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation of indoor sporting facilities would not increase the demand for additional utilities and service systems over current levels of service being provided in the City, in that the proposed ordinance would not involve any activities that would increase the demands for utility systems. Through the conditional use permit process, future indoor sporting facilities implemented under the proposed ordinance would be evaluated for potential impacts to utility service systems. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. 75B-35 11 ~'A Responses to Environmental Checklist For CEQA Compliance No Impact The proposed ordinance would not have a direct impact on any plant or wildlife species or historical property in Santa Ana, in that the proposed ordinance would not involve any activities that would impact plant, wildlife or historic resources or degrade the quality of the environment. B. Does the project have impacts that are individually limited but cumulatively considerable? No Impact Approval of the proposed ordinance would not result in any significant cumulative impacts, in that the proposed ordinance would not involve any activities that would result in cumulative impacts to the environment. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact Approval of the proposed ordinance would not cause any substantial adverse effects on human beings, in that the proposed ordinance would not involve any activities that would result in adverse effects to human beings or the environment. XVIII. DETERMINATION Based upon the evidence in light of the whole record documented in the above evaluation and cited references, I find that the proposed project would not have a significant impact on the environment and a Negative Declaration has been prepared. XVIV. REFERENCES City of Santa Ana General Plan, 1997 City of Santa Ana, General Plan EIR, 1997 California Environmental Quality Act Guidelines California Department of Conservation Farmland Mapping and Monitoring Program South Coast Air Quality Management District Air Quality Management Plan California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan XX.PREPARER 75B-36 12 an~fA Responses to Environmental Checklist For CEQA Compliance Matt Foulkes, Assistant Planner I, City of Santa Ana 75B-37 13 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE ADDING STANDARDS FOR INDOOR SPORT FACILITIES (ZOA 2008-03) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana has received an increasing number of inquiries regarding the opportunity to locate indoor sports facilities in the Light Industrial (M-1) Zone. B. The addition of recreational uses in the Light Industrial zone will benefit the community by augmenting the already constrained public park system by providing residents with additional opportunities to exercise and recreate. C. On July 28, 2008, the Planning Commission held a duly noticed public hearing and by a vote of 6:0 (Alderete absent) voted to recommend that the City Council approve and adopt the Negative Declaration for Environmental Review No. 2008-127 and to amend the Santa Ana Municipal Code, Chapter 41 to allow indoor sports facilities within the Light Industrial (M-1) zoning district. D. On August 18, 2008, the City Council held a duly noticed public hearing regarding approving and adopting Negative Declaration for Environmental Review No. 2008-127 and Zoning Ordinance Amendment No. 2008-03 to amend the Santa Ana Municipal Code, Chapter 41 to allow indoor sports facilities within the Light Industrial (M-1) zoning district. Section 2. The City Council has reviewed and considered the information contained in the initial study and Negative Declaration No. 2008-127 prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Ordinance No. NS-XXXX Page 1 of 6 75B-38 Section 3. Section 41-67.9 is hereby added to the Code to read as follows: Sec. 41-67.9 Health clubs and gymnasiums. A health club and gymnasium shall mean a commercial facility providing instruction and equipment designed to promote or improve the health of the clients. Section 4. Section 41-79.2 is hereby added to the Code to read as follows: Sec. 41-79.2 Indoor sport facility. I ndoor sport facility shall mean the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. Examples of indoor sport facilities include, but are not limited to physical or recreational activities requiring a large floor area such as: soccer fields, go-cart racing, batting cages, bowling alleys, or rock climbing. "Indoor sport facility" shall not include cyber cafes as defined by Section 41-45; gymnasium or health club as defined under Section 41-67.9; recreational or entertainment uses defined under Section 41-142; or slot car or radio controlled vehicles tracks. Section 5. Section 41-472.5 is hereby amended to read as follows: Sec. 41-472.5. Uses subject to a conditional use permit in the M1 district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41- 472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. Ordinance No. NS-XXXX Page 2 of 6 75B-39 (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. U) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (I) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards setforth in section 41-199.1. (0) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini-warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. Ordinance No. NS-XXXX Page 3 of 6 75B-40 Section 6. follows: (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. Indoor sport facility, subject to development and operational standards set forth in section 41-482. Section 41-482 is hereby added to the Code to read as (s) Sec. 41-482. Indoor sport facility in the M1 District. In addition to the provisions of this chapter, indoor sport facilities shall comply with the following development and operational standards: (a) (b) (c) (d) (e) All business activities shall by conducted and located within an enclosed structure. Any outdoor storage of equipment or materials shall be fully screened by a decorative masonry block wall. No indoor sport facility shall operate before 7:00 a.m. or after 10:00 p.m. on any day of the week. Ancillary uses including: meeting rooms, snack bars and equipment rental or sales are permitted within an indoor sport facility provided that their gross floor area of the ancillary use does not exceed 20% of the total building area. Ancillary uses shall operate in conjunction with the primary recreation use, and shall maintain the same or fewer hours of operation. Chapter 41 , Article XV, Division 4 is hereby amended to read Section 7. as follows: DIVISION 4. ENTERTAINMENT AND RECREATIONAL USES AND INDOOR SPORT FACILITIES Section 8. Section 41-1380 is hereby added to the Code to read as follows: Sec. 41-1380. Unspecified entertainment or recreation uses or indoor sport facilities. Ordinance No. NS-XXXX Page 4 of 6 75B-41 (a) The minimum off-street parking requirement for any entertainment or recreation use or indoor sport facility which cannot reasonably be considered within the scope of any other section within this division are as follows: two (2) spaces for each one thousand (1000) square feet of gross floor area, but in no case shall the parking be less than twenty (20) spaces. (b) The planning director shall determine which entertainment or recreation uses or indoor sport facilities are reasonably within another section of this division or are subject to the parking requirements of this section. Such determination may be appealed to the planning commission and the city council. Section 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 10. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this day of August, 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Ordinance No. NS-XXXX Page 5 of 6 75B-42 By: Kylee O. Otto Assistant City Attorney AYES: Council members NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 6 of 6 75B-43 75B-44