Loading...
HomeMy WebLinkAbout2049RESOLUTION 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. 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. z 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 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 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 3 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; 4 FACT: The site is located along E. St. Joseph Street, and 21d 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 21d 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 5 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 anew 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. M SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of April, 2020. ATTEST: Lisa L. Flores Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Deborah Lewis Chair, Planning Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2049 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 141h day of April, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Chan, Lin, and Thompson, Vice Chair Wilander, Chair Lewis NOES: None ABSENT: None Lisa L. Flores Secretary of the fanning Commission RESOLUTION NO. 2049 Conditions of Approval 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. 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 M 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. IU; Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Tuesday, March 24, 2020 3:55 PM To: Rachelle Arellano Subject: RE: Updated Resolutions for April 14, 2020 PC Meeting Thanks Rachelle. Planning Commission Resolutions 2049 and 2050 look fine. I approve them as to form, and you may affix my signature stamp to them. Thanks. Steve Stephen Deitsch I Partner DID �xi stephen.deitsch@bbklaw.com R EST BEST a KRIECER-. T: (909) 453-6642 C: (951) 662-9343 ATTORNEI'S AT I,AW WWW.BBKlaw.com M 4:3 Stay at home and public health orders issued in multiple counties in California require our offices to be physically closed, effective March 17, 2020. Because all staff are working remotely, oil documents (including correspondence, pleadings, and discovery) will be served via e-mail until at least March 31, 2020. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e -served documents in your case to the e-mail addresses for any Best Best & Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, March 24, 2020 8:56 AM To: Stephen Deitsch Subject: RE: Updated Resolutions for April 14, 2020 PC Meeting CAUTION - EXTERNAL SENDER. Hi Steve, As per Luis' email below, attached are those Resolutions in PDF version that you previously reviewed last week. I have checked and all of the revisions have been made including the date of the meeting for April 14, 2020, as the meeting for March 24, 2020, was cancelled. Thank you, Rachelle Arellano Deputy City Clerk I City Clerk I City of Arcadia 240 W. Huntington Drive ) Arcadia, CA 91006 IWAis(626) 574-5453 1 rarellanoraarcadiaca.eov