Loading...
HomeMy WebLinkAboutItem No. 2 - CUP 19-20 - 158 E. St. Joseph St. DATE: April 14, 2020 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Luis Torrico, Senior Planner SUBJECT: RESOLUTION NO. 2049 APPROVING CONDITIONAL USE PERMIT NO. CUP 19-20 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA ) TO ALLOW A NEW BATTING CAGE INSTRUCTIONAL FACILITY FOR YOUTH SOFTBALL & BASEBALL PLAYERS AT 158 E. SAINT JOSEPH STREET Recommendation: Adopt Resolution No. 2049 SUMMARY The Applicant, Mr. Jason Cly, is requesting approval of Conditional Use Permit Application No. CUP 19-20 for a batting cage instructional facility (dba: International Sports Association - ISA) to occupy an existing 6,000 square foot commercial unit within the multi-tenant building that is located at 158 E. St. Joseph Street. The proposed business will have up to 20 youth softball & baseball players ranging in age from eight (8) to 18 years old, and three (3) coaches/trainers, at any given time. It is recommended that the Planning Commission adopt Resolution No. 2049 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 19-20, subject to the conditions listed in this staff report. BACKGROUND The site is developed with an L shape building and it is located at the corner of E. St. Joseph Street and 2nd Avenue. The subject unit faces E St. Joseph Street, next to Mt. Lowe Brewery refer to Figure 1. The property is zoned DMU (Downtown Mixed Use) and has a General Plan Land Use Designation of Downtown Mixed Use, and the property is located within the Downtown Parking Overlay that allows the property owner to change the use, even if the property cannot meet the minimum parking requirements. This was an incentive to activate the downtown area and encourage more active uses. The subject unit is currently vacant and was previously occupied by a manufacturing business, and CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 2 of 10 an auto body repair shop. The adjacent units are occupied by Mt. Lowe Brewery and a manufacturing business (EZ Hook). The site is surrounded by other commercial/industrial properties to the west, east, north, and south - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. Figure 1 - Aerial PROPOSAL The Applicant is requesting a Conditional Use Permit (CUP) to allow a new batting cage instructional facility, (dba: International Sports Association) for youth baseball and softball players between the ages of eight (8) and 18 years old. ISA has four (4) other locations in the Southern California area, including an indoor facilities in Montebello, Los Angeles, and Newbury Park, and an outdoor facility in Encino. This will be the fifth (5) location. The 6,000 square foot unit will accommodate four (4) batting cages and pitching mounds, refer to the floor plan under Figure 2. ISA will be a private club facility and will not be open to the general public. Members pays a monthly fee, and they can attend up to three (3) practices a week. Each practice will consist of a two-hour workout and the facility can accommodate up to 20 youth softball & baseball players. During the two-hour practices, the players will participate in batting, pitching and fielding drills. In addition, they will work on footwork and mechanics to improve their abilities. Only one practice will be 158 Subject Site Subject Unit CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 3 of 10 Figure 2 - Proposed Floor Plan held at a time; therefore, a maximum of 20 players and three (3) coaches/trainers will be at the facility at any given time. The proposed business will operate Monday through Sunday between the hours of 9:00 a.m. to 9:00 p.m. During the school year (September June), the business will operate Monday Friday from 3:00 p.m. to 9:00 p.m., and Saturday & Sunday from 9:00 a.m. to 9:00 p.m. ANALYSIS The Arcadia Development Code allows commercial recreation uses in the DMU zone subject to the review and approval of a Conditional Use Permit. The proposed facility will have an instructional section for players to watch learning videos, four batting cages and two of the batting cages will have a pitching mound. The property has two different parking lots: one off of St. Joseph and Second Avenue that serves most of the tenants at 225 S. Second Avenue, and a back parking lot behind the CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 4 of 10 one-story building that can only be accessed off the alley. That lot serves all three tenants, but because the property owner owns both properties, the parking spaces are shared amongst all the business owners. Therefore the parking lots have a combined total of 65 parking spaces: 30 parking spaces within the parking lot off of E. St. Joseph/2 nd Avenue, and 35 spaces in the rear parking lot. Of the 65 existing spaces, 24 spaces in the rear parking lot have been allocated to Mt. Lowe Brewery and 32 spaces in the easterly parking lot to EZ Hook. Therefore, the nine (9) remaining spaces will be allocated to the proposed business. Because the subject site is located within the Downtown Parking Overlay Zone, the owner does not have to provide additional parking than what currently exists on-site, even though 24 parking spaces are required for this use. However to ensure there will be no potential impacts in terms of parking to the other businesses on this property, the property owner has agreed to allow the members to park in the easterly parking lot (off of Second Avenue) observation, the spaces in this lot is usually available starting at 5:30 PM. Since most of the players will be dropped-off/picked-up by their parents, two (2) of the parking spaces in the rear parking lot will be designated and restricted to only as drop-off/pick-up. For the players that drive themselves, the owner plans to offer them a discount to their monthly membership if they carpool. The proposed indoor batting cage facility will generate some noise from the pitching machines, batting cages and trainers, and since it will be adjacent two other businesses, the Applicant is proposing to sound proof the unit to mitigate any potential noise impacts that might be generated from this use and to ensure the noise level does not exceed the maximum decibel of 65 dbA refer to Condition No. 5. Lastly, the request has been reviewed by various City Departments, and all City requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, Chief of Police, and Public Works Services Director. FINDINGS Section 9107.09.050(B) of the Development Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: Approval of the batting cage instructional facility is consistent with the General Plan Land Use and Community Development Element and Economic Development Element in that the proposed Downtown Mixed Use land use designation encourages opportunities that provides for neighborhood-serving commercial uses. The proposed use will provide additional recreational opportunities CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 5 of 10 for the existing and future residents located within the downtown area and the public in general. The proposed use will occupy a commercial unit that has been vacant for approximately one year and will be adjacent to two existing manufacturing uses. In addition, the proposal is a use permitted in the DMU (Downtown Mixed Use) zone subject to the approval of a Conditional Use Permit, and will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan goals and policy: Land Use and Community Design Element Policy LU-6.8: Encourage the intensification of commercial uses on underutilized commercial properties and the transitioning of non-commercial uses on commercial properties in accordance with the Land Use Policy Map and all applicable regulations. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The proposed use is allowed in the Downtown Mixed Use zone, subject to a Conditional Use Permit. The proposed use complies with all the applicable development standards, including parking since the property is located Downtown Parking Overlay Zone, which does not require additional parking than what is currently on-site. However, the site has sufficient parking to accommodate this use since the proposed use will have access to parking spaces located behind the tenant space and the spaces that are located in the easterly parking lot, adjacent to 2nd Street. Additionally, most of the players are expected to be dropped-off/picked-up to alleviate any parking impacts to the neighboring businesses. The proposed use is an appropriate and compatible use since the unit will be sound- proof to mitigate any potential noise impacts that would be generated by the batters. A condition of approval has been placed on the project to ensure the noise does not exceed the maximum decibel allowed within this zone. Therefore, the proposal complies with all other applicable provisions of the Development Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The proposed batting cage instructional facility will occupy an existing 6,000 square foot commercial unit located within the DMU (Downtown Mixed Use), and Downtown Parking Overlay Zones. A mixture of industrial and commercial manufacturing uses surrounds the subject site, some non-conforming residential uses on St. Joseph, and a Southern California Edison (SCE) power plant CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 6 of 10 that is located across the street, just north of the subject site. The proposed business will operate from 9:00 a.m. to 9:00 p.m.; and it might operate later in the day during the school year. The hours are very similar to Mt. Lowe Brewery, which is located next door, just west of this unit. Parking will not be an issue since the business will have both a loading/drop-off area in the rear parking lot or the option to park in either parking lots on this property. The unit will also be sound proof to mitigate any potential noise generated from the use. Therefore, the proposed operating characteristics will be compatible with the existing and future land uses in the vicinity. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; Facts to Support This Finding: The site is physically suitable for the proposed batting cage instructional facility. The business will occupy an existing vacant commercial unit within the Downtown Parking Overlay Zone; therefore, no additional parking, above what exists at the subject site, is required. In addition, the entire unit will be sound proof to mitigate any potential noise impacts that might be generated from this use and to ensure the noise level do not exceed the maximum decibel of 65 dbA. Therefore, the unit and site will be suitable for the proposed use. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The site is located along E. St. Joseph Street, and 2nd Avenue; however, the main entrance to the tenant space is off of E. St. Joseph Street. Both streets are designated and designed with the capacity to accommodate both public and emergency vehicles. The streets are adequate in width and pavement type to carry the traffic that could be generated by the batting cage instructional facility, and to support emergency vehicle access. The site is also bounded by an alley in the rear, which provides access to the rear parking lot and easterly parking, adjacent to 2 nd Avenue. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The proposed batting cage instructional facility will be located within an existing commercial unit. Conditions of approval have been included to ensure the proposed use will be operated in a safe manner, and not impact public protection service. The request has been reviewed by the Fire CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 7 of 10 and Police Departments, and neither department raised concerns. Therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The subject unit is located within an existing commercial building, which is adequately serviced by existing utilities. The request does not include new construction that will impact the provision of utilities, nor will it be operated in a manner that will impact the provisions of utilities. Therefore, no impacts to the provision of utilities are anticipated. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The proposed batting cage instructional facility will not be detrimental to the public health or welfare, or the surrounding properties. The size and nature of the operations of the proposed use will not negatively affect the surrounding businesses and properties. In addition, conditions of approval, such requiring that the entire unit be sound proof to mitigate any noise impacts to the adjacent tenants, requiring a loading/drop-off zone, and requiring that the use be subject to periodic inspections have been included to mitigate any potential impacts. ENVIRONMENTAL IMPACT It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the use of an existing facility (refer to Attachment No. 4). PUBLIC COMMENTS/NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in the Arcadia Weekly on March 12, 2020 for the March 24, 2020 Planning Commission meeting. Due to COVID- and safety. As a result, a revised noticed was mailed on March 20, 2020, and published in the Arcadia Weekly on March 23, 2020 for the April 14, 2020 meeting. During the first notification period, staff did not receive any public comments or concerns. CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 8 of 10 RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2049 approving Conditional Use Permit No. CUP 19-20 for a new batting cage instructional facility with up to 20 youth softball & baseball players and find that the project is Categorically Exempt under the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 1. The use approved by CUP 19-20 is limited to a batting cage instructional facility and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 19-20, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the neighboring businesses and properties. 2. No more than 20 youth softball & baseball players shall be permitted at any given time. Any changes to the number of players shall be subject to review and approval by the Planning & Community Development Administrator, or designee, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. The hours of operation will be limited to Monday through Sunday between the hours of 9:00 a.m. to 9:00 p.m. 4. The entire unit shall be sound proof to mitigate any potential noise impacts to the neighboring businesses ordinance. The specifications and materials for the soundproofing shall be submitted to Planning Services for review and approval prior to submitting the plans into plan- check in Building Services. After the business is in full operation, the City shall conduct a noise reading to ensure the sound level does not exceed the noise ordinance. If it does, the business owner shall make additional alteration to the unit to mitigate the noise, and/or modify their business operation. 5. The applicant shall designate two (2) parking spaces in the rear parking lot for loading/drop-off only, as shown on the approved site plan. A sign to this effect shall be posted in front of these parking spaces. 6. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Fire Marshal. 7. The plans submitted for Building plan check shall comply with the latest adopted edition of the following codes as applicable: CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 9 of 10 a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 8. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 9. Noncompliance with the plans, provisions and conditions of approval for CUP 19-20 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the batting cage instructional facility. 10. The Applicant/Property Owner shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 11. Approval of CUP 19-20 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 10 of 10 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit Application No. CUP 19-20, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2049 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit Application No. CUP 19-20, stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the April 14, 2020, hearing, please contact Senior Planner, Luis Torrico, at (626) 574-5442, or by email at ltorrico@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2049 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property Attachment No. 3: Architectural Plans Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 2049 1 RESOLUTION NO. 2049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 19-20 TO ALLOW A NEW BATTING CAGE INSTRUCTIONAL FACILTLY WITH UP TO 20 YOUTH SOFTBALL & BASEBALL PLAYERS WITH A CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303 UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) AT 158 E. SAINT JOSEPH STREET WHEREAS, on December 23, 2019, an application for Conditional Use Permit No. CUP 19-20 was filed by the business owner, Jason Cly (“Applicant”) to allow a new batting cage instructional facility within an existing 6,000 square foot tenant space at 158 E. Saint Joseph Street (the “Project”); and WHEREAS, on March 5, 2020, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”) and determined that the Project is exempt under CEQA Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) because the Project has no potential to cause a significant effect on the environment, and qualifies as a Class 3 Categorical Exemption under CEQA Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility; and WHEREAS, on April 14, 2020, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated April 14, 2020 are true and correct. 2 SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Development Code, all of the following findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the batting cage instructional facility is consistent with the General Plan Land Use and Community Development Element and Economic Development Element in that the proposed Downtown Mixed Use land use designation encourages opportunities that provides for neighborhood-serving commercial uses. The proposed use will provide additional recreational opportunities for the existing and future residents located within the downtown area and the public in general. The proposed use will occupy a commercial unit that has been vacant for approximately one year and will be adjacent to two existing manufacturing uses. In addition, the Project is a use permitted in the DMU (Downtown Mixed Use) zone subject to the approval of a Conditional Use Permit, and will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan goals and policy: Land Use and Community Design Element Policy LU-6.8: Encourage the intensification of commercial uses on underutilized commercial properties and the transitioning of non-commercial uses on commercial properties in accordance with the Land Use Policy Map and all applicable regulations. 3 2. The proposed uses are allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. FACT: The proposed use is allowed in the Downtown Mixed Use zone, subject to a Conditional Use Permit. The proposed use complies with all the applicable development standards, including parking since the property is located within the City’s Downtown Parking Overlay Zone, which does not require additional parking than what is currently on- site. However, the site has sufficient parking to accommodate this use since the proposed use will have access to parking spaces located behind the tenant space and the spaces that are located in the easterly parking lot, adjacent to 2 nd Street. Additionally, most of the players are expected to be dropped-off/picked-up to alleviate any parking impacts to the neighboring businesses. The proposed use is an appropriate and compatible use since the unit will be sound-proof to mitigate any potential noise impacts that would be generated by the batters. A condition of approval has been placed on the Project to ensure the noise does not exceed the maximum decibel allowed within this zone. Therefore, the Project complies with all other applicable provisions of the Development Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The proposed batting cage instructional facility will occupy an existing 6,000 square foot commercial unit located within the DMU (Downtown Mixed Use), and Downtown Parking Overlay Zones. A mixture of industrial and commercial manufacturing uses surrounds the subject site, some non-conforming residential uses on St. Joseph, and 4 a Southern California Edison (SCE) power plant that is located across the street, just north of the subject site. The proposed business will operate from 9:00 a.m. to 9:00 p.m.; and it might operate later in the day during the school year. The hours are very similar to Mt. Lowe Brewery, which is located next door, just west of this unit. Parking will not be an issue since the business will have both a loading/drop-off area in the rear parking lot or the option to park in either parking lots on this property. The unit will also be sound proof to mitigate any potential noise generated from the use. Therefore, the proposed operating characteristics will be compatible with the existing and future land uses in the vicinity. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; FACT: The site is physically suitable for the proposed batting cage instructional facility. The business will occupy an existing vacant commercial unit within the Downtown Parking Overlay Zone; therefore, no additional parking, above what exists at the subject site, is required. In addition, the entire unit will be sound proof to mitigate any potential noise impacts that might be generated from this use and to ensure the noise level do not exceed the maximum decibel of 65 dbA. Therefore, the unit and site will be suitable for the proposed use. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; 5 FACT: The site is located along E. St. Joseph Street, and 2 nd Avenue; however, the main entrance to the tenant space is off of E. St. Joseph Street. Both streets are designated and designed with the capacity to accommodate both public and emergency vehicles. The streets are adequate in width and pavement type to carry the traffic that could be generated by the batting cage instructional facility, and to support emergency vehicle access. The site is also bounded by an alley in the rear, which provides access to the rear parking lot and easterly parking, adjacent to 2 nd Avenue. c. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The proposed batting cage instructional facility will be located within an existing commercial unit. Conditions of approval have been included to ensure the proposed use will be operated in a safe manner, and not impact public protection service. The request has been reviewed by the Fire and Police Departments, and neither department raised concerns. Therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The subject unit is located within an existing commercial building, which is adequately serviced by existing utilities. The Project does not include new construction that will impact the provision of utilities, nor will it be operated in a manner that will impact the provisions of utilities. Therefore, no impacts to the provision of utilities are anticipated. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious 6 to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed batting cage instructional facility will not be detrimental to the public health or welfare, or the surrounding properties. The size and nature of the operations of the proposed use will not negatively affect the surrounding businesses and properties. In addition, conditions of approval, such requiring that the entire unit be sound proof to mitigate any noise impacts to the adjacent tenants, requiring a loading/drop-off zone, and requiring that the use be subject to periodic inspections have been included to mitigate any potential impacts. 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 3, Section 15303 of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 19-20 to allow a new batting cage instructional facility within an existing 6,000 square foot tenant space at 158 E. Saint Joseph Street, subject to the conditions of approval attached hereto. 7 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of April, 2020. ______________________ Deborah Lewis Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Stephen P. Deitsch City Attorney 8 Page Intentionally Left Blank 9 RESOLUTION NO. 2049 Conditions of Approval 1. The use approved by CUP 19-20 is limited to a batting cage instructional facility and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 19-20, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the neighboring businesses and properties. 2. No more than 20 youth softball & baseball players shall be permitted at any given time. Any changes to the number of players shall be subject to review and approval by the Planning & Community Development Administrator, or designee, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. The hours of operation will be limited to Monday through Sunday between the hours of 9:00 a.m. to 9:00 p.m. 4. The entire unit shall be sound proof to mitigate any potential noise impacts to the neighboring businesses adjacent tenant and shall comply with the City’s noise ordinance. The specifications and materials for the soundproofing shall be submitted to Planning Services for review and approval prior to submitting the plans into plan- check in Building Services. After the business is in full operation, the City shall conduct a noise reading to ensure the sound level does not exceed the noise ordinance. If it does, the business owner shall make additional alteration to the unit to mitigate the noise, and/or modify their business operation. 5. The applicant shall designate two (2) parking spaces in the rear parking lot for loading/drop-off only, as shown on the approved site plan. A sign to this effect shall be posted in front of these parking spaces. 6. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Fire Marshal. 7. The plans submitted for Building plan check shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code 10 g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 8. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 9. Noncompliance with the plans, provisions and conditions of approval for CUP 19-20 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the batting cage instructional facility. 10. The Applicant/Property Owner shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 11. Approval of CUP 19-20 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information & Photos of the Subject Property and Vicinity Overlays Selected parcel highlighted Parcel location within City of Arcadia Yes Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): DMU Number of Units: DMU Property Characteristics 1981 23,350 0 APW DEVELOPMENT CO Site Address:225 N 2ND AVE Parcel Number: 5773-007-033 N/A Zoning: General Plan: Yes Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 11-Mar-2020 Page 1 of 1 Main Entrance Rear of Tenant Space Easterly Parking Lot (2nd Ave) Rear Parking Lot Attachment No. 3 Attachment No. 3 Plan Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment Preliminary Exemption Assessment PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: CUP 19-20 A conditional use permit to allow a new batting cage instructional facility for youth baseball and softball players between the ages of eight (8) and 18 years old with a Categorical Exemption under the California Environmental 2. Project Location Identify street address and cross streets or attach a map showing project site topographical map identified by quadrangle name): 158 E. St. Joseph Street (E. St. Joseph St. & N. 2nd Ave.) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Jason Cly, Applicant (2) Address 24053 Sylan St Woodland Hills, CA 91367 4. Staff Determination: accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15301(a) Class 1 (Use of an existing facility) f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency, which constitutes the Lead Agency. Name of Lead Agency: Date: April 14, 2020 Staff: Luis Torrico, Senior Planner