Loading...
HomeMy WebLinkAboutRESO 2017-26_3400 W Warner Ave Unit KLS 7.24 .17 RESOLUTION NO. 2017-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-18 AS CONDITIONED TO ALLOW AN INDOOR SPORTS FACILITY AT 3400 WEST WARNER AVENUE, UNIT K BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. ArrowTag OC (Applicant) is requesting approval of Conditional Use Permit No. 2017-18 to allow an indoor sport facility at 3400 West Warner Avenue, Unit K. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-472.5 (s), a Conditional Use Permit (CUP) is required for an indoor sport facility established in the City of Santa Ana. C. On July 24, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-18. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to SAMC Section 41-638 (a)(1), have been established for Conditional Use Permit No. 2017-18 to allow an indoor sport facility: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The project will provide a service that will contribute to the community. The facility is a commercial recreational facility that will provide additional recreational opportunities to residents and visitors of the City. Santa Ana is a park - deficient city and an indoor sport facility such as ArrowTag provides valuable recreation and health benefits to the community. Further, the business will provide additional employment opportunities for residents that live in the City. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2017-26 Page 1 of 5 The facility will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly industrial in nature. Further, improvements to the site have already been made to guarantee that the site is in compliance with applicable disability act standards. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding businesses. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The tenant space was previously vacant and is proposed to be occupied by a use that is consistent with the zoning for the property. The reuse of the site, in conjunction with the completed improvements to the site, will enhance the economic viability of the area. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The property owner has already provided improvements to the parking lot and landscaping that bring the site into compliance with the Zoning Code. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The project will not adversely affect the General Plan as the proposed use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed indoor sports facility that promote a balance of land uses to address basic community needs, such as physical activity, and which enhance the City's economic and fiscal viability. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of industrial properties, and encourages increased levels of capital investment. The project will include significant new investment and tenant improvements to a site that has i remained vacant since the previous tenant relocated from Resolution No. 2017-26 Page 2 of 5 the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The project will be located in a mostly industrial area guaranteeing minimal land impacts, and conditions of approval will ensure that its operations will be compatible with the surrounding properties and businesses. Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. The proposed project involves occupying an existing building with a new tenant, without any square footage addition or building expansion. Categorical Exemption Environmental Review No. 2017-07 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-18, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 24, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 241h day of July, 2017 by the following vote: AYES: Commissioners: Alderete, Bacerra, McLoughlin, Mendoza, Verino (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Contreras -Leo, Nguyen (2) ABSTENTIONS: Commissioners: None (0) V G L nette Verino Chairperson Resolution No. 2017-26 Page 3 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_ Lisa rney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 24, 2017. Date: G U Acting Commission Secretary City of Santa Ana Resolution No. 2017-26 Page 4 of 5 EXHIBIT A Conditions for Approval for Conditional Use Permit No 2017-18 Conditional Use Permit No. 2017-18 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2017- 03). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if adminiStFative relief is available OF the conditional use permit must be amend .. actionof the Planning Commission July 24, 2017) 3. The site occupant shall be responsible for maintaining the premises free from graffiti and litter, including the landscaping area adjacent to the rail road corridor. All graffiti and litter shall be removed within 24 hours. 4. The facility shall be maintained as per approved plans. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. Resolution No. 2017-26 Page 5 of 5