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HomeMy WebLinkAbout01-10-23 PC Agenda PacketCITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, January 10, 2023, 7:00 p.m. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from Planning Services at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. ᰿ᤣࠓ⨾ᅜṧ㞀ேἲ᱌ࠔⓗ妫⮁Ə曧奨㎷ᾂ㭲暃䛟⅚寪㕛ㇽᾦ∐宥㖤㈴僤⎩⊇ἁ宕䙫㭲暃ạ⣒Ƌ⋬㋓彬⊐♏㜷ㇽ㛴⊈ƌƏ⏖⏸妫⇹㛴⊈惏 寞㰩厞⽾㭋䱢寪㕛ㇽᾦ∐宥㖤Ə䔜寄⏞䟨 (626) 574-5423ࠋ寞✏ἁ∴ 48 ᑠ㗝态䟌妫⇹㛴⊈惏ƏỌᾦὃ⇡⏯䏭⭰㍹Ə䡕ῄ桡∐⎩⊇ἁ宕˛ Pursuant to the City of Arcadia’s Language Access Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Cle rk’s Office at (626) 574-5455 at least 72 hours prior to the meeting. ᰿ᤣ㜿⇖忑ẁⷩ䙫寔姧ᾦ∐㛴⊈㔦䬽Ə勘寔僤⊂㛰昷⹝曧奨俢宸㛴⊈㈴僤⎩⊇ἁ宕䙫ạ⏖᷵ⷩṍ宗⭿⊅⅓⮋倻䳢Ƌ䔜寄Ɲ626-574-5455 㸧㸪寞㰩㎷ᾂ⾾ㄦㇽ᷺ḁ俢宸㛴⊈Ə寞凚⯸✏ἁ∴ 72 ᑠ㗝㎷⇡寞㰩˛ CALL TO ORDER ROLL CALL Brad Thompson, Chair Vincent Tsoi, Vice Chair Angela Hui, Commissioner Domenico Tallerico, Commissioner Marilynne Wilander, Commissioner SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) Each speaker is limited to three (5) minutes per person, unless waived by the Planning Commission. Under the Brown Act, the Commission or Board Members are prohibited from discussing or taking action on any item not listed on the posted agenda. PUBLIC HEARING All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the applicant (who may speak longer in the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action taken by the City Council regarding any public hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to, the public hearing. 1 1. Resolution No. 2110 – Approving Conditional Use Permit No. CUP 22-16 to allow the operation of an after-school coding school with up to 15 students at 24 E. Duarte Road Recommendation: Adopt CEQA: Determine to be Exempt Applicant: Brilliant Education Incorporated There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 4:30 p.m. on Friday, January 20, 2023. 2. Resolution No. 2113 – Approving Conditional Use Permit No. CUP 22-13 to allow an indoor virtual golf simulator facility with a bar serving beer and wine for onsite consumption at 288 N. Santa Anita Avenue, Suites 2 & 3 Recommendation: Adopt CEQA: Determine to be Exempt Applicant: Bobby Luo There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 4:30 p.m. on Friday, January 20, 2023. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 3. Minutes of the December 13, 2022, Regular Meeting of the Planning Commission Recommendation: Approve MATTERS FROM CITY COUNCIL LIASION MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM ASSISTANT CITY ATTORNEY MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, January 24, 2023, at 7:00 p.m. 2 Welcome to the Arcadia Planning Commission Meeting! The Planning Commission encourages public participation, and invites you to share your views on City business. MEETINGS: Regular Meetings of the Planning Commission are held on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Council Chambers. A full Planning Commission agenda packet with all backup information is available at City Hall, the Arcadia Public Library, and on the City’s website at www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request (Planning@ArcadiaCA.gov). Documents distributed to a majority of the Planning Commission after the posting of this agenda will be available for review at the Planning Services Office in City Hall, 240 W. Huntington Drive, Arcadia, California. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all Planning Commission meetings. Time is reserved at each regular meeting for those in the audience who wish to address the Planning Commission. The City requests that persons addressing the Planning Commission refrain from making personal, slanderous, profane, or disruptive remarks. When the Chair asks for those who wish to speak please come to the podium and state your name and address for the record. Please provide a copy of any written materials used in your address to the Planning Commission as well as a copy of any printed materials you wish to be distributed to the Planning Commission. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given (5) minutes to address the Planning Commission; however, the Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the Planning Commission. By State law, the Planning Commission may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response, or will be placed on the agenda of a future meeting. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from an applicant or appellant (who may speak longer at the discretion of the Planning Commission), speakers shall be limited to (5) minutes per person. The Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the Planning Commission. The applicant or appellant may also be afforded an additional opportunity for rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the Planning Commission can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the Planning Commission and may be acted upon by one motion. There will be no separate discussion on these items unless a member of the Planning Commission, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the Planning Commission or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak, or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, may serve as the Sergeant-at-Arms of the Planning Commission meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section. 3 DATE: January 10, 2023 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Deputy Development Services Director Fiona Graham, Planning Services Manager By: Alison MacCarley, Assistant Planner SUBJECT: RESOLUTION NO. 2110 – APPROVING CONDITIONAL USE PERMIT NO. CUP 22-16 TO ALLOW THE OPERATION OF AN AFTER-SCHOOL CODING SCHOOL WITH UP TO 15 STUDENTS AT 24 E. DUARTE ROAD Recommendation: Adopt CEQA: Determine to be Exempt SUMMARY The Applicant, Brilliant Education Incorporated, is requesting approval of Conditional Use Permit Application No. CUP 22-16 for an after-school coding school within an existing 1,000 square foot unit in a multi-tenant commercial building at 24 E. Duarte Road. The proposed coding school will have up to 15 students, from elementary to high school, and two instructors. It is recommended that the Planning Commission adopt Resolution No. 2110 (Attachment No. 1), find this project Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 22-16, subject to the conditions listed in this staff report. BACKGROUND The subject unit is within a multi-unit commercial building located on the south side of E. Duarte Road and is approximately 1,000 square feet in size. The subject property is developed with a one-story 14,551 square foot commercial building which has vehicular access from S. Santa Anita Avenue and E. Duarte. The property is zoned C-G, General Commercial with a General Plan Land Use Designation of Commercial – refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. The property is surrounded by commercial uses to the east, north, and west, and multifamily residential properties to the south – see Figure 1. 4 CUP 22-16 24 E. Duarte Rd January 10, 2023 Page 2 of 9 Figure 1 - Aerial of Subject Site There are ten existing units on the property with three vacant units, including the subject unit. The subject unit was previously used as an after-school tutoring and consulting center that closed in 2022; A2 Arcadia Academy. PROPOSAL The Applicant is requesting approval to operate a coding school for children in grades one through twelve. Coding refers to computer languages used to develop apps, websites, and software. There are a variety of different coding languages that are used for different types of computer programing activities. The classes will focus on teaching students different coding and computer programming languages such as Java, Python, and Scratch. The Applicant has previous experience running after school education centers. The Applicant currently owns and operates an after school tutoring center in Temple City called Brilliant Elite Academy. Their students are from Temple City and Arcadia Unified School Districts. The use will include two classrooms, a gender -neutral restroom, and storage room (See Figure 2). Classroom #1 can accommodate up to eight (8) students and classroom #2 can accommodate up to seven (7) students; with a total of 15 students and two (2) instructors present at any given time. No additional staff are proposed to operate the business. The classes will be mixed levels where students will have instructors’ help on self-paced learning projects. There will not be a formal lecturing class for any level. The 5 CUP 22-16 24 E. Duarte Rd January 10, 2023 Page 3 of 9 coding school will offer one-hour class sessions on weekdays and two-hour class sessions on weekends with one-half hour breaks between class sessions to accommodate pick-up and drop-off of students and classroom clean up. The proposed business hours are from 3:30 PM to 7:30 PM Monday, Tuesday, Thursday, and Friday and 10:00 AM to 6:00 PM on Saturday and Sunday. For each day, there will be three class sessions. The hours of operation will not change for the summer. ANALYSIS The Arcadia Development Code allows tutoring and educational centers in the General Commercial (C-G) zone, subject to the review and approval of a Conditional Use Permit. The proposed coding school will have up to fifteen (15) students and two (2) employees on site at any given time and will provide additional educational opportunities for children in Arcadia. The proposed coding school will be occupying a unit that was previously used by a tutoring center; there are no exterior or interior changes being proposed as the unit was previously used as a tutoring center and has all the necessary facilities to operate as a coding school. The application was reviewed by the building, fire, and police department and no concerns were raised. Parking For an educational center that serves high school age students, the Development Code requires one parking space for every three students and one space for every employee. With up to 15 students and two (2) employees, a total of seven (7) parking spaces are required. There are a total of 99 existing parking spaces on site that serve the ten units within the commercial building. Based on the parking requirements for the existing uses, Figure 3: Floor Plan of Coding School Figure 2: Floor Plan of Coding School 6 CUP 22-16 24 E. Duarte Rd January 10, 2023 Page 4 of 9 including the two vacant units, and the proposed coding school, 85 parking spaces are needed. As such, there will be an excess of 14 parking. Therefore, there is enough parking to accommodate the proposed use and seven (7) additional parking spaces will be available on the property to handle the additional demand. Unit Occupant Type Unit Size Parking Spaces 8 Sofit Socal Gym 1900 12 12 Fashion Salon Personal Services 720 4 14 Crumpets Bakery Restaurant 585 3 16 Global Art Art Studio 900 9 18-20 Lightbulb City Inc Retail 2100 11 22 Vacant 1200 6 24 Proposed Coding School Education Center 1000 7 26 Vacant 1060 5 26 ½ LA Fruit Kingdom Retail 1200 6 28 Arcadia Spa Personal Services 1080 5 30 Yoshantea Restaurant 1080 5 32 Arcadia Music Music Studio 1200 6 34 Peacock Donuts Restaurant 1150 6 Total Parking Required 85 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 a coding school is consistent with the Commercial land use designation of the site. The Commercial land use designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial uses, including tutoring and educational centers. The proposed use will occupy a vacant commercial unit and the use is complementary to the surrounding commercial uses. The use is consistent with the following General Plan goals and policies: Land Use and Community Design Element x Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 7 CUP 22-16 24 E. Duarte Rd January 10, 2023 Page 5 of 9 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows tutoring centers in the C- G zone subject to the review and approval of a Conditional Use Permit. The site was previously used as a tutoring center prior to this application, so no exterior or interior changes are needed. The site has an adequate number of parking spaces to accommodate the proposed use and the site’s existing uses. The use will be consistent with the intended commercial use of the property and will utilize an existing unit that has been vacant for over six months. Therefore, the proposed use complies with all other applicable provisions of the Arcadia Development Code and the Arcadia 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 coding school will occupy a 1,000 square foot unit within an existing one-story commercial building. The coding school’s hours of operation will not be unusual for this shopping center and will be limited to weekday afternoon and weekend hours. In addition, the coding school will have a maximum of 17 persons on premise at one time including up to 15 students. There has been other tutoring or educational centers at this site. The property is immediately north of existing high-density residential uses and is separated by both the parking lot and an alley which will limit any potential noise or traffic impacts. Therefore, the coding school will be compatible with the various commercial uses that exist on the property. There is also ample parking at this site for the proposed use and all existing uses. As such, the use is 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 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 to accommodate the proposed coding school. The use will occupy a vacant unit within an existing multi-tenant commercial center. The unit was previously used for a tutoring center and therefore no interior changes are required to accommodate the proposed use. The operating hours are limited to weekday afternoons and weekends and will be similar to the operating hours of the other existing businesses on site and nearby. The site has a surface parking lot that will provide sufficient parking for the proposed business and existing business. No exterior or interior improvements are required for the coding school. Therefore, the site is suitable to accommodate the proposed use. 8 CUP 22-16 24 E. Duarte Rd January 10, 2023 Page 6 of 9 b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access; Facts to Support This Finding: The subject unit is located on a site on south side of East Duarte Road with access from both East Duarte Road and South Santa Anita Avenue, which are designed with the capacity to accommodate both public and emergency vehicles. There is access to the site’s parking via an alley that connects Santa Anita Avenue and 1st Avenue. All adjacent and nearby streets are adequate in width and pavement type to carry the traffic that could be generated by the coding school and to support emergency vehicle access. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The proposed coding school will be located within an existing commercial unit. Conditions of approval have been included to ensure the coding school will be operated in a safe manner, and not impact public protection services. The request has been reviewed by the Fire Department and Police Department and no concerns were raised. 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 require new construction and will not be operated in a manner that will impact the provision 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 coding school will not be detrimental to the public health or welfare, or to the surrounding properties. The size and nature of the operation of the use will not negatively affect the existing uses in the surrounding properties. ENVIRONMENTAL ANALYSIS It has been determined that the proposed use 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). 9 CUP 22-16 24 E. Duarte Rd January 10, 2023 Page 7 of 9 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 December 29, 2022. As of January 6, 2023, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2110 approving Conditional Use Permit No. CUP 22-16 for a new coding school with up to 15 students 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 22-16 is limited to a coding school and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 22-16. 2. No more than 15 students shall be permitted on site at any given time. Any changes to the number of students being tutored on the site at one time shall be subject to review and approval by the Deputy Development Services Director, or designee, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. The existing fire alarm system shall be evaluated by the City’s Fire Marshall and if the system requires upgrades or modifications, then the system shall be certified by a qualified contractor prior to occupancy. 4. The main exit door shall be equipped with panic or lever type hardware. Latched or key operated locks are not permitted. A minimum rated 2A:10BC fire extinguisher shall be provided at an approved location, as determined by the City’s Fire Marshal. 5. 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. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 22-16 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the coding school. 7. To the maximum extent permitted by law, Applicant shall defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, 10 CUP 22-16 24 E. Duarte Rd January 10, 2023 Page 8 of 9 and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with CUP 22-16 on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. The Applicant shall indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Applicant. 8. Approval of CUP 22-16 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. 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 22-16, stating 11 CUP 22-16 24 E. Duarte Rd January 10, 2023 Page 9 of 9 that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2110 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 22-16, 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 Commission’s decision and specific findings. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the January 10, 2023, hearing, please contact Assistant Planner, Alison MacCarley at (626) 574-5447, or by email at amaccarley@ArcadiaCA.gov. Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2110 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 12 Attachment No. 1 Attachment No. 1 Resolution No. 2110 13 1 RESOLUTION NO. 2110 RESOLUTION NO. 2210 – APPROVAL OF CONDITIONAL USE PERMIT NO. CUP 22-16 TO ALLOW THE OPERATION OF AN AFTER-SCHOOL CODING SCHOOL WITH UP TO 15 STUDENTS AT 24 EAST DUARTE ROAD WHEREAS, on November 31, 2022, an application for Conditional Use Permit No. CUP 22-16 was filed by the business owner, Brilliant Education Incorporated (“Applicant”), for a new coding school at 24 E. Duarte Rd; and WHEREAS, on December 20, 2022, Planning Services completed an environmental assessment for the proposed coding school in accordance with the California Environmental Quality Act (“CEQA”) and recommends that the Planning Commission determine that the proposed coding school qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a) of the CEQA Guidelines as the use of an existing facility; and WHEREAS, on January 10, 2023, 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 January 10, 2023 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 14 2 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of a coding school is consistent with the Commercial land use designation of the site. The Commercial land use designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial uses, including tutoring and educational centers. The proposed use will occupy a vacant commercial unit and the use is complementary to the surrounding commercial uses. The use is consistent with the following General Plan goals and policies: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 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 site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows tutoring centers in the C-G zone subject to the review and approval of a Conditional Use Permit. The site was previously used as a tutoring center prior to this application, so no exterior or interior changes are needed. The site has an adequate number of parking spaces to accommodate the proposed use and the site’s existing uses. The use will be consistent with the intended commercial use of the property and will utilize an existing unit that has been vacant for over six months. 15 3 Therefore, the proposed use complies with all other applicable provisions of the Arcadia Development Code and the Arcadia 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 coding school will occupy a 1,000 square foot unit within an existing one-story commercial building. The coding school’s hours of operation will not be unusual for this shopping center and will be limited to weekday afternoon and weekend hours. In addition, the coding school will have a maximum of 17 persons on premise at one time including up to 15 students. There has been other tutoring or educational centers at this site. The property is immediately north of existing high-density residential uses and is separated by both the parking lot and an alley which will limit any potential noise or traffic impacts. Therefore, the coding school will be compatible with the various commercial uses that exist on the property. There is also ample parking at this site for the proposed use and all existing uses. As such, the use is 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 other features required to adjust the use with the land and uses in the neighborhood; FACT: The site is physically suitable to accommodate the proposed coding school. The use will occupy a vacant unit within an existing multi-tenant commercial center. The unit was previously used for a tutoring center and therefore no interior changes are 16 4 required to accommodate the proposed use. The operating hours are limited to weekday afternoons and weekends and will be similar to the operating hours of the other existing businesses on site and nearby. The site has a surface parking lot that will provide sufficient parking for the proposed business and existing business. No exterior or interior improvements are required for the coding school. Therefore, the site is suitable to accommodate the proposed use. B. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The subject unit is located on a site on south side of East Duarte Road with access from both East Duarte Road and South Santa Anita Avenue, which are designed with the capacity to accommodate both public and emergency vehicles. There is access to the site’s parking via an alley that connects Santa Anita Avenue and 1st Avenue. All adjacent and nearby streets are adequate in width and pavement type to carry the traffic that could be generated by the coding school and to support emergency vehicle access. C. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The proposed coding school will be located within an existing commercial unit. Conditions of approval have been included to ensure the coding school will be operated in a safe manner, and not impact public protection services. The request has been reviewed by the Fire Department and Police Department and no concerns were raised. 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.). 17 5 FACT: The subject unit is located within an existing commercial building, which is adequately serviced by existing utilities. The request does not require new construction and will not be operated in a manner that will impact the provision 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. FACT: The proposed coding school will not be detrimental to the public health or welfare, or to the surrounding properties. The size and nature of the operation of the use will not negatively affect the existing uses in the surrounding properties. 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 proposed coding school is Categorically Exempt per Class 1, Section 15301 (a) of the California Environmental Quality Act (CEQA) Guidelines and approves Conditional Use Permit No. CUP 22-16 for a new coding school within an existing commercial unit at 24 E. Duarte Road, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. 18 6 Passed, approved and adopted this 10th day of January, 2023. ______________________ Brad Thompson Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Mike Maurer City Attorney ___________________________________ 19 7 Page Internationally Left Blank 20 8 RESOLUTION NO. 2110 Conditions of Approval 1. The use approved by CUP 22-16 is limited to a coding school and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 22-16. 2. No more than 15 students shall be permitted on site at any given time. Any changes to the number of students being tutored on the site at one time shall be subject to review and approval by the Deputy Development Services Director, or designee, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. The existing fire alarm system shall be evaluated by the City’s Fire Marshall and if the system requires upgrades or modifications, then the system shall be certified by a qualified contractor prior to occupancy. 4. The main exit door shall be equipped with panic or lever type hardware. Latched or key operated locks are not permitted. A minimum rated 2A:10BC fire extinguisher shall be provided at an approved location, as determined by the City’s Fire Marshal. 5. 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. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 22-16 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the coding school. 7. To the maximum extent permitted by law, Applicant shall defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with CUP 22-16 on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This 21 9 indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. The Applicant shall indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. . The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Applicant. 8. Approval of CUP 22-16 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. 22 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity 23 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1948 3,183 0 Property Owner Site Address:8 E DUARTE RD Parcel Number: 5781-005-002 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A, Yes Residential Flex Overlay: N/A N/A N/A, Yes 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 20-Dec-2022 Page 1 of 1 24 Attachment No. 3 Attachment No. 3 Architectural Plans 25 26 27 Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment 28 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:CUP 22-16 Conditional Use Permit to allow an after school coding school. 2.Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 24 E. Duarte Road. – The business is located along at the south-east corner of E Duarte Rd and S. Santa Anita Ave. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Brilliant Education, Incorporated (2)Address 9447 Las Tunas Drive, Temple City CA 91780 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in 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 – 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: December 20, 2022 Staff: Alison MacCarley, Assistant Planner 29 DATE: January 10, 2023 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Deputy Development Services Director By: Fiona Graham, Planning Services Manager SUBJECT: RESOLUTION NO. 2113 – APPROVING CONDITIONAL USE PERMIT NO. CUP 22-13 TO ALLOW AN INDOOR VIRTUAL GOLF SIMULATOR FACILITY WITH A BAR SERVING BEER AND WINE FOR ONSITE CONSUMPTION AT 288 N. SANTA ANITA AVENUE, SUITES 2 & 3 Recommendation: Adopt CEQA: Determine to be Exempt SUMMARY The Applicant, Bobby Luo for GenG Golf, is requesting approval of Conditional Use Permit No. CUP 22-13 to allow a 2,758 square foot indoor golf facility with four simulator golf bays, a bar serving beer and wine for onsite consumption, and a small area for retail sales. The proposed use will occupy two of the four units on the ground floor units of the relatively new commercial building located at 288 N. Santa Anita Avenue. It is recommended that the Planning Commission adopt Resolution No. 2113 (Attachment No. 1) and find this project Categorically Exempt under the California Environmental Quality Act (CEQA) and approve Conditional Use Permit No. CUP 22-13, subject to the conditions listed in this staff report. BACKGROUND The subject property is located on the southeast corner of North Santa Anita Avenue and East St. Joseph Street. The property is developed within a relatively new 31,160 square foot, four-story, multi-tenant commercial building that was built and completed in 2022, with parking on the 2nd and 3rd levels of the building, medical office on the 4th floor, and commercial use on the ground floor. Access to parking within the building is provided via N. Santa Anita Avenue and E. St. Joseph Street. The property is zoned DMU, Downtown Mixed Use with a General Plan Land Use Designation of Mixed Use – refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. The property is surrounded by a building materials business to the north, an on-site parking 30 Resolution No. 2113 - CUP 22-13 January 10, 2023 Page 2 of 10 Figure 1 - Aerial of Subject Site lot and retail store (R.E.I.) to the south, a restaurant and medical offices to the west across N. Santa Anita Avenue and a parking lot and public parking garage to the east – see Figure 1. The existing multi-tenant building has four ground floor units (two of which will be occupied by GenG Golf) and 24,000 square feet of medical and general office uses on the 4 th floor. The other two units on the ground floor will be occupied by an optical retailer. With the approval of this CUP, the entire building will be fully leased. PROPOSAL The Applicant is requesting approval of a Conditional Use Permit (CUP) to operate an indoor golf facility with four simulator bays, a bar area serving beer and wine only for onsite consumption (Type 42 Alcoholic Beverage Control license), and a small retail area. The proposed business hours are Monday through Thursday from 10:00 a.m. to 10:00 p.m. and Friday through Sunday from 10:00 a.m. to midnight. There will be a maximum of four (4) staff at any given time during business hours. The business is comprised of simulated game software that allows for golf tournaments, real time scoring, and statistical breakdown of golf games. This will be the first indoor golf facility in Arcadia. The Applicant indicates that each simulator can accommodate up to six players with a game duration of 31 Resolution No. 2113 - CUP 22-13 January 10, 2023 Page 3 of 10 approximately two hours for 18 holes of golf. Simulators may be reserved via online or by phone. Golf lessons are also provided on an appointment basis. The Applicant was previously a professional golfer in China and has experience as a manager and caddie. GenG Golf will be the Applicant’s first business of this type. Sales of beer and wine is proposed as an accessory use for golf customers. Food service is not proposed however, pre-packaged foods and snacks would be available for purchase. The business will also include accessory retails sales of golf equipment, primarily aimed at patrons utilizing the golf simulators. The proposed floor plan consists of four golf simulator bays which can each accommodate up to six (6) players at one time, a bar area seating up to nine (9) patrons, three restrooms, an office, waiting area, and retail display area (Figure 2). No exterior changes to the building are proposed. Figure 2 – Proposed Floor Plan N ANALYSIS The Arcadia Development Code allows Commercial Recreation uses such as an indoor golf simulator facility in the DMU zone, subject to a Conditional Use Permit. In addition, on-site sales of beer and wine as an accessory use is also permitted in conjunction with this use subject to a Minor Use Permit. An additional Minor Use Permit application will not be required as the sale of beer and wine is being considered as part of this CUP 32 Resolution No. 2113 - CUP 22-13 January 10, 2023 Page 4 of 10 application. The proposed use would not create an adverse impact on the adjacent tenants as it would operate completely within the proposed tenant space. The retail portion of the business would allow customers to purchase golf related items such as polos, gloves, or golf towels. The proposed business is within the Downtown Mixed-Use Zone which is intended to provide opportunities for complementary service and retail commercial businesses, professional offices, and residential uses located within the City’s downtown. The Development Code does not specifically provide parking requirements for this use. Therefore, staff referred to the requirements of “Other Permitted Uses” (pursuant to Section 9103.07.060, Table 3-9 of the Development Code). This provision requires 1 space per 200 square feet of space meaning the business requires a total of 14 spaces. A total of 146 parking spaces are provided on the site. Based on anticipated uses for the building as analyzed and approved in 2019, the site would have 37 excess parking spaces, which includes a 25 percent reduction in parking as allowed by Code and previously applied to this site (Development Code Section 9103.07.060(D) A 25 percent reduction will be applied to the off-street parking requirement for any commercial use that is located within 1/4 mile of a light rail station.). Therefore, the proposed golf simulator facility is unlikely to impact parking in the vicinity as the building provides excess parking for all current and future uses planned for the building. Use Parking Ratio Required Parking Gen G Golf 2,758 SF / 200 14 Suite 103 (2 x units) (Future Optical Retailer) 4,402 SF / 200 22 Level 3 – General Office 10,000 SF / 250 40 Level 4 – Medical Office 14,000 SF / 200 70 Total parking required prior to 25% reduction 146 25% reduction (9103.07.060(D)) -37 Total Parking Required 109 Total Parking Provided 146 The City’s Police and Fire Department reviewed the proposal and did not have any concerns regarding the proposed use. 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. 33 Resolution No. 2113 - CUP 22-13 January 10, 2023 Page 5 of 10 Facts to Support This Finding: The proposed indoor golf simulator facility would be consistent with the Arcadia General Plan Mixed Use designation and the DMU zone which allows for a broad range of retail and service commercial, office and entertainment uses. The proposed use would occupy two vacant commercial units and is a use that is complementary to the nearby commercial corridor and downtown corridor by providing additional commercial recreation opportunities to residents. The use is consistent with the General Plan, as well as the following General Plan goals and policies: Land Use and Community Design Element x Policy LU-1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. x Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. x Policy LU-10.4: Establish commercial uses that complement the vision of the Downtown core with opportunities for more intense, quality development at key intersections that are unique from the regional offerings at the regional mall. x Policy LU-10.5: Encourage the transformation of Santa Anita Avenue into a premier office corridor by offering incentives for development while at the same time requiring the high-quality amenities that will attract the kinds of businesses the City would like to see. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The site is zoned DMU, Downtown Mixed Use. Arcadia Development Code Section 9102.05.010, Table 2-10, allows the proposed virtual golf simulator facility in the DMU zone subject to the review and approval of a Conditional Use Permit. The use would be consistent with the intended commercial and office uses for the property. The proposed indoor golf simulator facility would not change the characteristics of the surrounding area or other businesses that are typically found in the DMU zone. Therefore, the proposed project complies with all other applicable provisions of the Arcadia Development Code and the Arcadia 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 indoor golf simulator facility would occupy two units comprising 2,758 square feet on the ground floor of an existing four- 34 Resolution No. 2113 - CUP 22-13 January 10, 2023 Page 6 of 10 story multi-unit commercial building. No exterior changes are required to accommodate the use. The proposed use would be compatible with the existing commercial uses in the vicinity as it will provide a mix of recreation and entertainment services with a bar. The hours of operation are consistent with other commercial uses nearby. The primary use, being a golf simulator facility, is not anticipated to create any noise or other off-site impacts. The bar component will be small, seating nine (9) patrons, and is ancillary to the golf simulator use. The hours of operation are similar to other commercial uses in the vicinity. Therefore, the proposed golf simulator facility will be compatible with 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 to accommodate the proposed indoor golf simulator facility with a bar serving beer and wine. The use would occupy two ground floor units within an existing multi-tenant commercial building on the subject site. The site contains surface parking and parking within the building on the second and third levels of the structure. The parking provided is more than sufficient to meet the needs of all existing and proposed office, medical, and commercial uses. No exterior improvements are required for the indoor golf simulator facility. Therefore, the proposed use is suitable for this site. 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 property is located at the southeast corner of North Santa Anita Avenue and East St. Joseph Street and is accessed from both streets. Both streets are adequate in width and pavement type to carry the traffic generated by the proposed use and emergency vehicles. Therefore, the proposed use would not impact emergency vehicle access. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The virtual golf simulator facility will be located within the existing commercial units. Conditions of approval have been included to ensure the golf facility will be operated in a safe manner, and not impact public protection services. The request has been reviewed by the Fire Department and Police Department and no concerns were raised. 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.). 35 Resolution No. 2113 - CUP 22-13 January 10, 2023 Page 7 of 10 Facts to Support This Finding: The subject unit is located within an existing commercial building, which is adequately serviced by existing utilities. The use will not be operated in a manner that will impact the provision 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 virtual golf simulator facility would not be detrimental to the public health or welfare, or to the surrounding properties as it is a use permitted through review and consideration of a conditional use permit. The proposed use is contained entirely within an existing commercial suite and will require only interior changes. The business is a commercial use and is surrounded by a mix of other commercial uses. The nature of proposed business, being an indoor golf simulator facility with a bar, is not anticipated to create any off-site impacts. The size and scale of the operation is consistent with other commercial uses nearby, will not utilize any hazardous substances, nor create an unreasonable noise, and will be conducted entirely indoors, within the proposed tenant space. The bar component of the business will not operate independently and will primarily serve patrons utilizing the golf simulator equipment. 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 December 29, 2022. As of January 6, 2023, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2113 approving Conditional Use Permit No. CUP 22-13 for an indoor golf simulator facility with a bar serving beer and wine 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 Conditional Use Permit No. CUP 22-13 is limited to a virtual golf simulator facility with a bar serving beer and wine for on-site consumption 36