DISCUSSION
Project Summary: The MAP Sports Facility (“MAP”) is an indoor sports facility where the primary sports played are basketball and volleyball. Condition No. 8 of the Conditions of Approval, under Conditional Use Permit No. CUP-339-11 (REV. 2014), currently restrict hours of operation for the facility to be from 5:00 p.m. to 10:00 p.m., Monday through Friday, and 8:00 a.m. to 10:00 p.m., Saturday and Sunday. The applicant is requesting to modify the Conditions of Approval, under Conditional Use Permit No. CUP-339-11 (REV. 2014), to expand the hours of operation allowing daytime weekday business hours and activities. The proposed hours of operation will be from 8:00 a.m. to 11:00 p.m., seven (7) days a week, and Condition No. 8 would be modified to reflect this change. It should be noted, Staff did not express concerns with the 1-hour extension to the current closing time from 10:00 p.m. to 11:00 p.m. for weekdays and weekend days. Extending the closing time from 10:00 p.m. to 11:00 p.m. did not impact the projected parking demand or pose potential on- or off-site parking impacts. Most businesses in the nearby industrially zoned areas are closed by 5:00 p.m., during the weekdays, and closed on the weekend. Currently, weekday nighttime activities, during the permitted hours of operation between 5:00 p.m. to 10:00 p.m., typically include organized instruction, practices, and league play relating to volleyball and basketball sports. Proposed weekday daytime activities will include youth summer camps, senior pickleball league, and typical school-aged team scrimmages, organized instruction, and practices. The applicant submitted a parking demand study produced and conducted by K2 Traffic Engineering, Inc. (“K2”), a professional firm with California licensed traffic engineers who provide traffic engineering and civil engineering design and consulting services. The K2 parking demand study was prepared in order to address projected parking demand and any potential impacts from the new weekday daytime hours of operation and activities. The following discussion will highlight and address the two (2) new weekday daytime activities of youth summer camps and senior pickleball league.
Youth Summer Camps: MAP intends to host youth summer camps of basketball and volleyball sports with up to a maximum of 300 participants between 6 and 18 years of age. The specific activities in summer camps include organized instruction, drills, practices, and scrimmages. Typical summer camp schedules will occur Monday through Friday, beginning at 9:00 a.m. and ending at 4:00 p.m. The next typical scheduled activities will begin at 4:30 p.m. (30-40 minutes after any youth summer camps end prior), which will include organized instruction, drills, practices, scrimmages, and league play. It should be noted, the typical activities of a youth summer camp, during weekday daytime hours, will be similar to the current weekday nighttime activities that occur today (i.e., organized instruction, drills, practices, and scrimmages). The difference being that current weekday nighttime activities are comprised of various smaller groups, while a youth summer camp is comprised of a larger, single group of participants (not to exceed 300 participants). On February 28, 2019, the MAP held a “trial session” youth summer camp which took place between 9:00 a.m. and 4:00 p.m. The intent of this trial session was to allow K2 to record observations and measure the anticipated parking demand for a typical summer camp. The “trial session” youth summer camp included 195 participants. Parents dropped off their campers at 9:00 a.m. and later picked them up at 3:30 p.m. Approximately 15% of the participants carpooled to the facility. The number of parked vehicles were noted at thirty (30) minute intervals between 8:00 a.m. to 5:00 p.m. During this trial session, a maximum of 55 parking spaces were in use. Based on these observations, K2 projected that a youth summer camp with 300 participants would require the availability of 80 parking spaces. The subject site currently provides 191 parking spaces. Therefore, during a youth summer camp at full capacity of 300 participants, it is projected that there would be a surplus of at least 111 parking spaces available on-site (additional parking spaces would be available should a given youth summer camp include less than 300 participants).
Pickleball League: Pickleball is a paddelball sport which combines elements of tennis, badminton, and table tennis (ping-pong). A pickleball game may include up to two to four players maximum – in a single or doubles style of play (1 versus 1 or 2 versus 2). The dimensions of a pickleball court are slightly smaller than the dimensions of a volleyball court. The MAP Sports Facility has spacing for eight (8) basketball/volleyball courts. It is anticipated that there will be a maximum of eight (8) pickleball courts at any one time. The MAP plans to introduce adult pickleball league play to take place during off-peak weekday daytime hours between the hours of 9:00 a.m. to 4:00 p.m. Because the participants of pickleball league play will primarily be comprised of adults, it is anticipated that each participant will drive their own vehicle to the MAP. With eight (8) pickleball courts, and with an assumption that all courts will include doubles play (4 players per game), this would amount to approximately 32 players at any one time. Thus, the expected maximum parking demand for pickleball league play is 32 parking spaces. In the event that a youth summer camp (of 300 participants) ran concurrently with pickleball league play (of 32 participants), both in maximum participant scenarios, out of an abundance of caution, the projected combined parking demand is 112 parking spaces (80 + 32 parking spaces). It should, however, be noted that if a youth summer camp and pickleball league did run concurrently, both activities would not be able to utilize all eight (8) courts at the same time. It is reasonable to assume that the court areas would be shared between the two (2) activities, thus resulting in a smaller youth camp (less than 300 participants) and/or the use of less pickleball courts (less than 8 courts resulting in less than 32 pickleball participants). Therefore, the actual parking demand may be substantially less than 112 parking spaces. Nevertheless, based on a maximum scenario of 112 parking spaces required, the existing 191 parking spaces available on-site would be more than adequate to accommodate this projected parking demand.
“Green MAP Plan” Carpool Incentive Program: As mentioned prior, the approval of Amendment No. A-009-2014 and CUP-339-11 (REV. 2014) implicitly authorized the MAP to charge its patrons for parking. The MAP imposes a parking fee during high demand periods such as Friday evenings, weekends, and holidays. Condition No. 11, under CUP-339-11 (REV. 2014), currently states: “The applicant/property owner shall maintain a minimum of 191 parking spaces on the site, per the submitted site plan for CUP-339-11 (REV. 2014), that are available to participants at the indoor sports facility.
In addition, the applicant shall implement a carpool incentive plan, (the “Green Map Plan”) which will allow at least forty-five (45) vehicles carpooling with four (4) or more occupants per vehicle to park on-site for free. The carpool incentive plan is meant to encourage patrons to carpool to the indoor sports facility. The carpool incentive plan shall be in effect and implemented at all times.” Since the approval of CUP-339-11 (REV. 2014), the MAP has implemented the carpool incentive program. On a typical weekend, K2 observed that as many as 40 of the 45 available carpool spaces were utilized, representing an 89% utilization. The site currently provides 191 parking spaces, which include 45 spaces allocated for carpool parking as part of the MAP’s carpool incentive program. The MAP proposes to expand its free carpool incentive program by adding 20 carpool spaces for a new total of 65 carpool spaces, as part of the “Green MAP Plan”. It should be noted, the MAP does not charge for parking during off-peak periods. Should CUP-339-11 (REV. 2020) be approved, the MAP will also not charge for parking during weekday daytime hours, and Conditions of Approval will require as such.
On-Street Parking: Similar to most indoor sports facilities that charge a parking fee during peak periods, some attendants choose to park off-site. K2 evaluated the use and availability of public parking spaces on nearby public streets. In the project vicinity, public parking is conveniently available on Western Avenue and Anaconda Avenue. It is estimated that approximately 135 on-street public parking spaces are available on these nearby streets. On a weekend day, K2 observed as many as 102 cars parked on the street at peak. During the same period, only 41 pedestrians were observed walking to the MAP Sports Facility, indicating that not all cars parked on the nearby public streets were patrons of the MAP. K2 determined that there was no apparent correlation between the number of walk-in patrons and the number of vehicles parked on nearby public streets. Generally, on-street parking in the surrounding industrial areas is abundantly available, especially on Friday evenings, weekends, and holidays (peak periods for the MAP).
Parking: Between 2014 to late 2019 (since the approval of CUP-339-11 (REV. 2014), there had been no reported Code Enforcement cases or complaints received relating to on-site or off-site parking or circulation issues. However, in December of 2019, the Code Enforcement Division received a complaint that patrons of the MAP were accessing parking lots on nearby properties for drop-off and parking purposes. While the current number of available parking spaces on-site (191 parking spaces) is considered adequate, per the MAP’s current Conditional Use Permit (CUP-339-11 (REV. 2014)), in order to address any current and future potential parking issues, and as mentioned prior, the applicant is proposing to expand its carpool incentive program by increasing the number of carpool parking spaces from 45 to 65, to further promote carpooling and reduce parking demand. In addition, the applicant is also proposing to introduce and utilize an overflow parking area, which is currently an existing parking lot area on the eastern portion of the property separated by a fence and sliding gates. During any peak times and events, as necessary, the MAP will provide open access and use of this overflow lot, which provides an additional 78 parking spaces. The vehicular access gates to this lot will be fitted with a Knox box for additional emergency access for the Orange County Fire Authority. Upon project completion, the MAP Sports Facility will provide 269 parking spaces, which is comprised of seven (7) ADA handicap accessible spaces, 184 standard spaces, and 78 overflow spaces. Again, a total of 65 spaces will be made available for carpool use under the “Green MAP Plan”. Under the original approval of Conditional Use Permit No. CUP-339-11, it was determined that a minimum of 156 parking spaces are required for the MAP, which is a parking rate of 2.43 parking spaces per 1,000 square feet. The new proposed total of 269 parking spaces would represent a surplus of 113 parking spaces. Staff finds that the additional overflow parking lot, along with the expanded carpool incentive program, will mitigate any potential on- and off-site parking issues.
As a result of this request, Condition No. 11 would be modified, in part, as follows (New text in bold-italics and deleted text in strike-through): “The applicant/property owner shall maintain a minimum of 191 269 parking spaces on the site (184 standard parking spaces, 7 ADA accessible parking spaces, and 78 overflow parking spaces), per the submitted site plan for CUP-339-11 (REV. 2014) (REV. 2020), that are available to participants at the indoor sports facility. In addition, the applicant shall implement a carpool incentive plan, (the “Green Map Plan”) which will allow at least forty-five sixty-five (45) (65) vehicles carpooling with four (4) or more occupants per vehicle to park on-site for free. The carpool incentive plan is meant to encourage patrons to carpool to the indoor sports facility. The carpool incentive plan shall be in effect and implemented at all times. The overflow parking area, of 78 parking spaces, shall be made available to patrons of the indoor sports facility, during any peak times and events, as necessary.”
As a precaution, and to address any potential on- or off-site parking issues that may arise in the future, the remainder of Condition of Approval No. 11 will continue to be maintained, which, in part, states the following: “Due to the nature of the operation of an indoor sports facility with variables in user demand there is the possibility that parking issues may arise. In the event, the site cannot accommodate the parking demand at any given time which causes a nuisance, hindrance, and/or problem with both on-site and off-site parking and circulation, the business owner/property owner shall devise and implement a plan to relieve the situation. On-site circulation problems refer to parking along designated “red-curb” area, blocking fire lanes, blocking regular drive aisles/double-parking and reducing or blocking entrances or exits. The business owner/property owner shall submit a plan to manage parking issues for review and approval by the Community and Economic Development Department. The plan may include, but not be limited to: reducing the hours of operation, limiting the number of courts in use at one time, limiting the number of attendees per tournament or other special event, instituting an off-site parking arrangement; having on-site parking control personnel; and/or other actions that may be deemed applicable to the situation. If the City’s Community and Economic Development Director deems such action is necessary to address parking and circulation problems, such action shall be implemented within 30 days of written notice. Failure to take appropriate action shall be deemed a violation of these Conditions of Approval and may result in the City restricting the overall use of the facility.”
The proposed modifications to the parking lot areas will now delineate a dedicated/separate area, surrounded by fencing and a vehicular access gate, for the existing 20,001 square foot industrial building, located on the southwest corner of the property, which is a separate operator/business unrelated to the MAP Sports Facility. Based on Municipal Code parking requirements, a minimum of 40 parking spaces are required for the 20,001 square foot industrial building. In the dedicated parking area for this building, a total of 40 parking spaces will be provided. The applicant has demonstrated on its submitted plans that adequate parking and truck maneuvering space, for vehicular access to the existing loading areas at the rear of the building, will be maintained. At the April 16, 2020, Planning Commission meeting, and pursuant to a request submitted by the applicant, the Planning Commission continued Conditional Use Permit No. CUP-339-11 (REV. 2020) to the June 16, 2020 Planning Commission meeting, with the public hearing open, in order to allow additional time for the applicant to address certain issues that were raised from public comments received by the City of Garden Grove. Subsequently, and in response to those issues raised in public comments received by the City of Garden Grove, the applicant prepared a Parking Management Plan (“PMP”) to establish and implement mitigation measures to minimize potential on- and off-site impacts to surrounding properties.
The PMP will be implemented during any high/peak demand periods, as necessary, and to ensure the operation does not cause a nuisance, hindrance, and/or problem with either on-site and/or off-site parking and/or circulation. Most notably, the PMP establishes a plan to implement the following measures: Implement an on-site two-lane vehicular queuing area, with parking attendant(s) directing drivers, for capacity of up to twenty (20) vehicles, to eliminate on-street vehicular queuing/stacking on Western Avenue; relocate the portable parking fee collection kiosk, from its current location near the front of the southwesterly driveway approach, pushed further into the center of the property, to allow adequate vehicular queuing space to eliminate on-street vehicular queuing/stacking on Western Avenue; create a designated drop-off zone with queuing capacity of approximately six (6) vehicles; place parking attendant(s) and adequate signage, as necessary, at nearby sites to prevent patrons of the MAP Sports Facility, from unauthorized parking on off-site private lots; and control vehicular access entering and exiting the site to ensure effective on-site vehicular circulation (i.e., preventing vehicular ingress from Lampson Avenue or from the northerly driveway approach off Western Avenue).
It was noted to the Planning Commission, that the Community and Economic Development Department, including the Traffic Engineering Division, have reviewed the Parking Management Plan submitted by the applicant and are supportive of the mitigation plan. Conditions of Approval have been incorporated into the Conditional Use Permit requiring implementation of the PMP. Out of abundance of caution, it should be noted, Condition No. 12 will continue to require that additional/new mitigation, as necessary, will be required, as part of a new or modified Parking Management Plan, subject to review and approval by the City, should any new issues arise in the future. All existing conditions of approval, as approved under CUP-339-11 (REV. 2014), along with any modified or new conditions of approval, as approved under CUP-339-11 (REV. 2020), will apply. After careful consideration, the Planning Commission continued the item to the August 20, 2020 Planning Commission meeting, with the public hearing left open, to allow the applicant time to conduct a neighborhood meeting to garner feedback from nearby property owners and tenants. One letter of concern was submitted by Royden Fujimori of CC&R, and two (2) letters of concern were submitted by Spencer Hurtt of Container Supply Company (“CSC”). Two (2) letters in response to the public comments received were submitted by the applicant.
On August 5, 2020, the applicant held a neighborhood meeting at the MAP Sports Facility (“MAP”). Public notices were duly mailed prior to the neighborhood meeting to all property owners and tenants within a 300 radius of the subject property. The neighborhood meeting was held by the applicant to present the project details, to garner feedback from the attendees, and to answer any questions about the proposed project. One (1) person from the public (a representative of the Container Supply Company) was in attendance for the meeting. Questions and concerns raised by the attendee included, but were not limited to: potential liability exposure from MAP patrons crossing the Western Avenue street to, from, and/or near the Container Supply Company site; and vehicular stacking issues on Western Avenue after the project is approved. Following the neighborhood meeting, on August 20, 2020, the Planning Commission considered CUP-339-11 (REV. 2020). One (1) speaker from the public, a representative of the Container Supply Company (“CSC”), spoke in opposition to the project citing similar prior concerns and noted that CSC does not foresee the MAP operating in compliance following the potential approval of CUP-339-11 (REV. 2020). The applicant, and their representative, spoke in favor of the project. No other members of the public spoke in favor of or in opposition to the project. The Planning Commission voted 5-0 (with 1 commissioner absent) to adopt Resolution No. 5982-20, approving CUP-339-11 (REV. 2020), with an amendment to add Condition No. 42, which states: “In order to determine if the indoor sports facility business has been operating in compliance with these Conditions of Approval, Conditional Use Permit No. CUP-339-11 (REV. 2020) shall be reviewed by the Planning Commission six (6) months after its effective date.”
Appeal of the Approval of Conditional Use Permit No. CUP-339-11 (REV. 2020): On September 9, 2020, the Appellant, a representative of the Container Supply Company (“CSC”), filed an appeal of the Planning Commission’s approval of Conditional Use Permit No. CUP-339-11 (REV. 2020).
The Appellant attached a letter to the appeal request outlining comments in support of the appeal, noting:
- That the original approval of the Amendment and Conditional Use Permit, allowing the establishment and operation of the indoor sports facility use, was predicated on the fact that said use would not operate during weekday daytime hours, and would not operate during regular business hours of the (primarily industrial business) area – during weekday evenings and on the weekends;
- That special operating conditions for indoor sports facilities prohibit indoor sports facility uses from impeding normal functions of the permitted uses in the M-P zone;
- That CSC has witnessed, on numerous occasions, the stacking of cars on Western Avenue, waiting to access the MAP parking lot, due to the collecting of parking fees;
- That CSC has witnessed MAP patrons parking on the CSC parking lot areas, to avoid paying the MAP’s parking fee, and then running across the Western Avenue street;
- That allowing the expanded hours, during weekday daytime business hours, would create a dangerous situation for surrounding businesses, where a potential mix of truck traffic and pedestrians illegally crossing the Western Avenue street would create an unsafe situation; and
- That the MAP has previously operated (held events) during non-permitted business hours.
Copies of all prior public and applicant comments received, along with prior staff reports/documents are attached for reference. Staff has reviewed the appeal request and recommends that the City Council uphold the Planning Commission’s decision to approve Conditional Use Permit No. CUP-339-11 (REV. 2020). The basis for Staff’s recommendation and the Planning Commission’s approval of CUP-339-11 (REV. 2020) are set forth in detail in the following:
- Attachment 1: Parking Management Plan Exhibit
- Attachment 2: Planning Commission Staff Report dated April 16, 2020 and Parking Demand Study
- Attachment 8: Planning Commission Resolution No. 5982-20
- Attachment 9: Exhibit “A” Revised Conditions of Approval
- Attachment 11: Planning Commission Staff Report dated June 4, 2020
- Attachment 12: Planning Commission Staff Report dated August 20, 2020