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RES-8807 Granting Conditional Use Permit No. 2167-97RESOLUTION NO. 8807 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE UPHOLDING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A SHADE COVER ENCLOSURE FOR A ROLLER HOCKEY RINK UPON PROPERTY SITUATED AT 2190 N. CANAL STREET. Conditional Use Permit 2167- 97 Applicant: Stuart's Rollerworld RECITALS:After report thereon by the Planning Commission and after due public hearings as required by law, and after receiving a recommendation from the Planning Commission,recommending, by Resolution No. PC 14-97, that Conditional Use Permit 2167-97 be granted to allow construction of a shade cover enclosure for a roller hockey rink upon property situated at 2190 N. Canal Street, the City Council considered Conditional Use Permit 2167-97 and determined that the recommendation of the Planning Commission should be upheld and Conditional Use Permit 2167-97 be granted. Subject property is more particularly described in Schedule "A" which is attached.During the public hearing, the City Council found facts as follows:1. The applicant, Mr. Stuart Silver, is operator of "Stuart' s Rollerwor1d", the roller hockey component of the "Super Sports" commercial recreation facility on the Peralta School site. The recreation facility is located at the northwest corner of Meats Avenue and Canal Street, in a single-family residential district (R-1-8). Mr. Silver's facility was originally permitted as an outdoor facility, restricted to operating hours of 7:00 AM to 10:00 PM daily (according to the initial Conditional Use Permit). The applicant requested a CUP to allow the installation of a large shade cover and partial enclosure to help control sound. The shade cover is a lightweight fabric material stretchcd over a metal frame, was previously erected with permits as a temporary structure. While the permits have now expired the tent structure remains on the property at this time.2. At the public hearing, the project proposal was opposed by several residents from the adjacent residential community. Their concerns were primarily related to noise, aesthetics and a perceived lack of security or control over the facility, especially roller hockey operations. After two public hearings, the Planning Commission moved to approve the project, subject to a number of conditions, which are listed within their resolution. Condition No. 3 limits roller hockey operations to 8:00 AM to 9:00 PM on weekdays, 9: 00 AM to 9:00 PM Saturday and 10:00 AM to 9:00 PM Sunday. The distinctly different operation from other sports activities permitted on site, and that it required a greater level of control over the hours of operation and added security. 3. After the Planning Commission's decision was made on March 17, 1997, Condition No.3 caused some confusion anlong the applicant, city staff and the neighbors, as the difference between "roller hockey operations" and a closing limitation on "games" was not defined. The applicant heard the Commission state that games would not be permitted after 9:00 PM, and assumed that roller hockey practice remained permissible. Neighborhood representatives felt that operations" and all manner of play activities should include practice, since the noise impacts from practices are potentially as great as from games. At a subsequent hearing, staff requested that the Planning Commission clarify this limitation without re-opening a public hearing. ( There was no notice of the hearing mailed to neighboring property owners, but key speakers from the previous hearing were advised of the clarification meeting.) The Commission later specified that roller hockey operations" do include practice, and no roller hockey activity was to be permitted after 9:00 PM. An exception was granted for warm-up skating in the early morning, one-half hour before opening. The applicant has appealed this condition.4. On the whole, the applicant/appellant feels that additional hourly limitations are inappropriate in the face of those already established by the original Super Sports project's master" approval. The applicant is appealing any further limitations on the hours of operations.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Conditional Use Permit 2167 -97 be granted for the following reasons:1. The request is granted upon the basis of accompanying staff report, and with adequate public participation, demonstrating the application of sound principles of land use.2. The roller hockey facility provides a recreational service that is required by the community.3. With sound attenuation improvements to be made by the permitter, on-site security requirements and hourly limitations imposed to control noise, roller hockey operations will not cause deterioration of adjacent residential land uses, nor will they create special problems for the area in which the sports facility is located.4. The proposal was considered in relationship to its effect on the General Plan, which is the only plan for the area in which the existing sports facility is located. The project helps to implement certain goals in the city's General Plan, Open Space and Conservation Element, such as preserving the abandoned school site for recreational use.BE IT FURTHER RESOLVED that Conditional Use Permit 2167-97 be granted subject to the following 1. Within two (2) days of the final approval of this project, the applicant shall deliver to the Planning Division a cashiers check for $38.00, payable to the County Clerk, to satisfy the County administrative fee for filing the Notice of Determination required under Public Resources Code 2115214 Cal. Code Regulation 15075. 2. All plans and project operations shall remain in substantial conformance with plans and conditions approved by the Planning Commission. Sound attenuation improvements will be implemented as proposed by the applicant, by construction of a rigid enclosure with doors at the north end of the structure, with doors to remain closed during roller hockey activity. 3. Roller hockey organized games will not commence before 8:00 A.M. on weekdays, 9:00 A.M. on Saturdays, and 10:00 A.M. on Sundays. Games shall conclude by 9:00 P.M. daily. Note: During a meeting held on April 21,1997, the Commission clarified that the rink may be used one-half hour before the specified opening hours, but there will be no hockey sticks, pucks,bells, buzzers or whistles used within that half-hour time period. All roller hockey activity shall cease at 9:00 P.M. Noise-free maintenance may occur after 9:00 P.M., to conclude by 10: 00 P.M.)4. Prior to issuance of a building pennit, the developer will reconstruct the northerly drive approach on Canal Street, according to standards and specifications ofthe City Engineer.5. Existing water service is designed to accommodate the development approved through c.u.P. 2050-93. Fire Department requirements for sprinklers or hydrants may be difficult to satisfy within the limited capacity of existing water lines. The developer will be responsible for the cost of any upgrades in the connection to the city distribution system.6. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval ofthis permit, save and except that caused by City's active negligence.7. The applicant shall comply with all federal, state, and local laws. Violation of any of those laws in connection with the use will be cause for revocation of this permit.8. The scoreboard buzzer or enunciator shall be directed east, away from the nearest single family residential uses, and properly baffled so that spike noise does not exceed 45 decibels at the north and west property lines of the site.9. The facility screening plan dated March 3, 1997, is incorporated as a condition and further subject to inclusion of the boxed trees shown on the plan; seven ( 7) trees to be transplanted from 24-inch boxes, and additional trees will be planted along Meats Avenue, near the skate park and roller hockey rink 10. A uniformed security guard will be employed and assigned to the central parking facility for control between 6:00 P.M. and one-half hour after closing on all days when roller hockey activities occur.11. The design of the "dome" or permitted structure shall include proper integration of any air conditioning or heat relief vents to avoid an industrial appearance.12. Signs will be posted at the entrance and along the drive aisles of the parking area, limiting speed to 10 m.p. h.13. That the screening material shall be installed on the south and east sides of the " extreme skateboard park" to block the view from the adjacent public areas. The installation shall be complete within 60 days of CUP approval and to the satisfaction of the Community Development Director. The screening to be as high as the highest skate ramp and left to the discretion of staff.14. That the applicant shall submit a plan addressing cleaning, treatment and maintaining the dome in an esthetically acceptable manner. The plan shall be submitted within 30 days of CUP approval, for review and approval by the Community Development Director and Fire Chief. The plan shall include an implementation schedule not to exceed 30 days from plan approval.15. That the roller hockey facility remain open until 10 p.m. until August 18, 1997 because of League play.Adopted the 2~th th day of August, 1997. ATTEST:I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the ~th day of August 1997, by the following vote: AYES: NOES: ABSENT: ABSTAIN:COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:MURPHY, SLATER, COONTZ, SPURGEON ALVAREZ NONE NONE A/'~- X City Clerk ofthe 6ty of Orange Reso No. 8807 SSH: dg SCHEDULE A ORDER NO- 2- 30440-55 PARCEL 2: BEGINNING AT A POINT ON THE SOUTH LINE OF LOT 21 OF THE FLETCHER TRACT, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 320 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, 15.04 CHAINS EAST FROM THE SOUTHWEST CORNER OF SAID LOT; RUNNING THENCE NORTH PARALLEL TO THE WEST LINE OF SAID LOT, 10 CHAINS;THENCE EAST PARALLEL TO THE SOUTH LINE OF LOT 21 AND OF LOT 20 OF THE SAID FLETCHER TRACT TO THE CENTERLINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY'S PIPE LINE, AS DESCRIBED IN A CERTAIN DEED DATED MAY 22, 1941 AND SHOWN ON A MAP ATTACHED THERETO, EXECUTED BY THOMAS J. HIGHT AND OTHERS IN FAVOR OF THE COUNTY OF ORANGE;THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID SANTA ANA VALLEY IRRIGATION COMPANY'S PIPE LINE TO AN INTERSECTION WITH THE SOUTH LINE OF LOT 20 OF THE SAID FLETCHER TRACT; AND THENCE WEST ALONG THE SOUTH LINE OF LOTS 20 AND 21 OF THE SAID FLETCHER TRACT TO THE POINT OF BEGINNING.PARCEL 3: THAT PORTION OF LOT 21 OF THE FLETCHER TRACT, IN THE CITY OF ORANGE, COUNTY Of ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE(S) 320 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 21; THENCE NORTH 660.00 FEET ALONG THE WEST LINE OF SAID LOT; THENCE EAST 496. 32 FEET PARALLEL WITH THE SOUTH LINE OF SAID LOT; THENCE SOUTH 515. 00 FEET PARALLEL WITH SAID WEST LINE; THENCE WEST 256.32 FEET PARALLEL WITH SAID SOUTH LINE; THENCE SOUTH 145.00 FEET PARALLEL WITH SAID WEST LINE; THENCE WEST 240.00 FEET TO THE POINT