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.
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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
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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;
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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
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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.
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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
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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
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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