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RES-8321 Granting Conditional Use Permit No. 2050-93RESOLUTION NO. 8321 A RESOLUTION OP THE CITY COUNCIL OP THB CITY OP ORANGB UPHOLDING THE RECOMMENDATION OP THE PLANNING COMMISSION OP THE CITY OP ORANGB AND GRANTING A CONDITIONAL USB PBRMIT TO ALLOW DEVEL- OPMENT OP A COMMERCIAL RECREATION PACILITY ON AN BXISTING JUNIOR HIGH SCHOOL SITB UPON PROPBRTY SITUATBD AT THE NORTHWEST CORNER OP MEATS AVENUB AND CANAL STREBT. CONDITIONAL USB PBRMIT: 2050- 93 APPLICANT: SUPBR SPORTS, INC. GOLF DIVISION AND ORANGB UNIPIBD SCHOOL DISTRICT. 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-1-94, that Conditional Use Permit 2050-93 be granted, to allow development of a commercial recreation facility on an existing Junior High School site upon property situated at the northeast corner of Meats Avenue and Canal Street, the City Council considered Conditional Use Permit 2050-93 and determined that the recommendation of the Planning commission should be upheld and Conditional Use Permit 2050-93 be granted. Subject property is more particularly described in attached Schedule "A".During the public hearing, the City Council found the facts as follows:1. The proposal is made as a result of an R. F. P. ("Request for Project") that was made by the Orange Unified School District. Plans have been previously reviewed (and approved) by the school district' s board after a number of public meetings. The community has reportedly been quite influential in the final design of the project.2. The property would be leased from the school district for a period of no less than 15 years. Modular buildings are proposed because everything that is built (or installed) by the developer must be removed when the lease is terminated.The applicant's plans show the ultimate design scheme, but the project would be developed in phases. Of the 94 golf tees that are proposed, only 62 would be developed in the primary phase. 32 additional tees would be developed atop an earthen berm during a second phase.3. There would be 3 separate "speed soccer" areas, which would require the construction of walls around the perimeter of each one. Speed soccer is played off the walls, because there is no "out of bounds". The walls would be fabricated from a high-density foam on the lower half, to a height of approximately 4 feet. An additional 4 feet would be Plexiglas (plastic) panels, to an overall height of 8 feet.These enclosures Until implementation of the second phase, speed soccer areas would be constructed. proposed as a volleyball court during the only one of the The other area is interim. 4. Demolition of the school building would result in fewer enclosed structures on the former school site. The applicant intends to use existing pavement under basketball courts for the main parking area. A new parking area would be developed next to the child care center. There is an existing parking area located between the school auditorium and Canal street. 5. The auditorium is one of two buildings that, are proposed to remain on site. The applicant would use a small portion the former band room) as a business office. The rest of the auditorium would remain available for community groups, such as Scouting groups. The applicant is also proposing that this building be made available for occasional bingo games. Among other regulations and restrictions, Orange Municipal Code limits the frequency of bingo to not more than one day per week. 6. The other building that would be spared from demolition is the former science building at the southeast corner of the project site. The building contains six classrooms; two would be converted to administrative offices for after school (or "extended") care, with the greatest number of children expected to attend between the hours of 2:30 and 6:00 P.M. Operation of the child care center would probably be arranged by contract with a private organization. The parking lot is designed in a loop to accommodate the turningradiusforschoolbuses. 7. The terms of the agreement between the applicant and the school district are not yet finalized. While much of the facility would remain available without cost to the public, it is likely that the applicant would act as an on- site manager to take reservations for the practice soccer and baseball fields, the auditorium and the tennis courts.Admission would be charged only for the golf practice facilities. This arrangement will probably not preclude the management from imposing charges or user fees where there are maintenance costs or reservations would be necessary.8. The request falls under a category of land uses that,according to O.M.C. ~17.92.010, "are unique and of such special form as to make impractical their inclusion intoanyspecificzoneclassification, and may be permitted by the issuance of a conditional use permit by the City Council upon recommendations of the Planning Commission..."9. The Design Review Board considered the proposal at a meeting on January 5, 1994. The board recommended approval of building elevations (for the modular buildings) and a preliminary landscaping plan. The board would also reviewafinallandscapeandirrigationplan, if the project were approved.Reso No. 832l 2 10. Characteristics of the proposed development may bring concern about errant golf balls, excessive night time lighting, noise and parking. 11. The Environmental Review Board considered the proposal at a meeting on December 22, 1993, and again on January 12, 1994. The project is indeed unique and does not "fit the mold"defined by city development standards, such as the setback regulations listed previously, or anyone specific parkingrequirement. However, the project has been thoroughlyanalyzedwithintheaccompanyingnegativedeclaration, and the Planning Commission is asked to look to the environ- mental document for consideration of those issues. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Conditional Use Permit 2050-93 be grantedforthefollowing reasons:1. The recreational facility is approved upon the basis of evaluation contained within an accompanying staffreport,which includes an environmental analysis thatadequatelyaddressedthelanduse issues.2. The proposal was also reviewed with adequatepUblicparticipationduringtheplanningprocess, and willprovideaservicetothebenefitofthe community.3. Because of the preventative measures that will be implemented with the project, the recreational facilitywillnotcausedeteriorationofborderinglandusesorcreatespecialproblemsfortheareainwhichitis located.4. The project has been considered in relationship to its effect upon the city's General Plan, and is consideredtoaidthefulfillmentofthegoalscontainedwithintheOpenSpaceandRecreation Element.BE IT FURTHER RESOLVED that Conditional Use Permit2050-93 be granted subject to the following conditions:1. Use of lights on the fairway is not permitted after10:30 P.M.2. Access and use of parking facilities approvedwithplansshallremainavailableforemployees, customersandguestsintendingtouseanyportionofthe approved facility.3. All development shall remain in substantialconformancetothoseplansapprovedbythePlanningCommissionorCityCouncil, on file with the Community Development Department.4. Prior to issuance of a building permit, finallandscapeandirrigationplansmustbepreparedandsubmittedforreviewandapprovalbytheDesign Review Board.5. In order to provide adequate line of sight distance at each 3 Reao No. driveway, landscaping plans must be reviewed according tothespecificationsoftheCityEngineer, and maintained atthespacingandmaximumheightthatisdetermineduponapproval. 6. Within two (2) days of the final approval of this project,the applicant shall deliver to the Planning Division acashier's check payable to the County Clerk, in an amount required to fulfill the fee requirements of Fish and Game Code ~711.4(d) (2) and the County administrative fee, toenabletheCitytofiletheNoticeofDeterminationrequiredunderPublicResourcesCode2115214Cal. Code Regulations15075. If it is determined that there will be no impactuponwildliferesources, the fee shall be $25.00. If the applicant has not delivered the required fees within suchtwodayperiod, the approval for the project granted hereinshallbevoid. 7. Within 6 months after the project is complete and opera-tional, if problems are evident in the surroundingneighborhood, particularly those resulting from errant golfballs, lighting, or security, a pUblic hearing shall be setbeforetheCityCounciltodeterminethestatusofthe conditional use permit. 8. 24-hour security shall be provided for thefacilityincludinguseofaprivatesecuritycompanyin theevening.This shall be in a manner acceptable to the Police Chief.9. Applicant shall enter into an agreement with thecitywherebyapplicantindemnifiesandholdstheCityharmlessagainstanyandallliabiity, loss, costs, damages, fees of attorneys and other expenses which the city may sustainorincurbyreasonof, or in consequence of approval ofthisconditionalusepermit. Further, applicant shall maintain general liability and property damage insurance in the amount of $1,000,000 combined single-limitperoccurrence.Prior to commencement of business, City shall begivenacertificateofinsurancenamingcityas additional insured.10. Approval of this conditional use permit does not include approval to engage in playing of bingo. Anyproposaltoplaybingoshallbeconsideredby separate application.The following code provisions are applicable to thisprojectandareincludedforinformationonly. This is not acompletelistofrequirements, and other Code provisions may also apply.Lighting levels must not exceed 0.5verticalfoot-candles along property lines where adjacent land use is residential.A landscaping berm, decorative walls, planting screens, or raised planter must be used to screentheparkingfacilitiesfromviewfromthe adjacent public streets.Prior to approval of grading plans, the applicant will submit Reso No. a copy of the project's "best management practices" showingconformancetoNationalPollutionDischargeElimination Systems (NPDES) requirement for approval. Prior to issuance of building permits, applicant shall pay allapplicabledevelopmentfees, including but not limited to: Transportation System Improvement Program, Major ThoroughfareandBridgeProgram, Fire Facility, Police Facility, ParkAcquisition, Sanitation District, School District, and EasternFoothillTransportationCorridor, as required. Any conditional use permit expires if it is abandoned for aperiodofsixmonthsormore, or a building permit is notissuedwithinaperiodof24monthsfromthedateofapproval.An extension of time may be permitted upon written request, ifreceivedbeforethedeadline. ADOPTBD this l2 th day of April 1994. GENE BEYER Mayor of the City of OrangeATTEST: h, ,j. ,y~ ~u.,I'&'' ~ ~ ayor Pro Te City Cle~f he~f Orange I hereby certify that the foregoing regularly adopted by the City Council of regular meeting thereof held on the 1/ the following vote: Resolution was duly and the City of Orange at a th of April , 1994, by AYES: NOES: ABSENT: COUNCIL MEMBERS: SPURGEON, BARRERA, MAYOR BEYER,COONTZ,MURPHYCOUNCILMEMBERS: NONE COUNCIL MEMBERS: NONE m &: (jp----..,;~c~ty Clerk the it~of Orange SSH:dg Reso No. 8321 5 T-- ORDER NO. 2- 30440-55 SCHEDULE A TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:ORANGE UNIFIED SCHOOL DISTRICT_OF ORANGE COUNTY THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE AND IS DESCRIBED AS FOLLOWS:THAT PORTION OF LOTS 20 AND 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:PARCEL 1: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT DISTANT EAST 7.52 CHAINS FROM THE SOUTHWEST CORNER OF SAID LOT,SAID POINT BEING THE SOUTHEAST CORNER OF LAND DESCRIBED IN THE DEED TO LLOYD L. SMITH, RECORDED IN BOOK 441 PAGE( S) 370,OFFICIAL RECORDS; THENCE NORTHERLY AT THE EASTERLY LINE OF SAID LLOYD L. SMITH'S LAND, 10 CHAINS TO THE NORTHEAST CORNER THEREOF; THENCE EASTERLY ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID LOT 21 TO THE NORTHWEST CORNER OF LAND DESCRIBED IN THE DEED TO W. H. SMITH RECORDED IN BOOK 168 PAGE(S) 298 OF DEEDS,SAID NORTHWEST CORNER BEING 10 CHAINS NORTH OF THE SOUTH LINE OF SAID LOT 21; THENCE SOUTH ALONG THE WEST LINE OF SAID W. H.SMITH'S LAND TO THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST CORNER BEING EAST 15.04 CHAINS FROM THE SOUTHWEST CORNER OF SAID LOT 21; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 21 TO THE POINT OF BEGINNING. SCHEDULE A, CONTINUED 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 OF BEGINNING.