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HomeMy WebLinkAboutRES 1986 110 0924RESOLUTION NO. PC -86 -110 A RESOLUTION OF THE MOORPARK PLANNING COMMISSSON OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP -4504 ON THE APPLI- CATION OF LARRY SCHUMAN. ASSESSOR PARCEL NO. 512- 150 -525. WHEREAS, at a duly noticed public hearing on September 10, 1986, the Planning Commission considered the application filed by Larry Schuman requesting approval to operate a batting cage and an aerobic studio in an existing 13,782 square foot building. Located at 387 Zackery, northeast corner of Flinn Avenue. Assessor Parcel No. 512 - 150 -525. WHEREAS, the Planning Commission after review and consideration- of= thec.information= contained in-the-Negative - '_.-111, Declaration, has found that this project will not have a significant effect on the environment; and has reached its decision in the matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the findings contained in the �. staff report dated September 10, 1986, which report is incorp- orated by reference as though fully set forth herein are hereby approved; SECTION 2. that at its meeting of September 10, 1986, the Planning Commission took action to direct staff to prepare a resolution with the attached recommended conditions, approving Conditional Use Permit No. CUP4504; said resolution to be presented for Consent Calendar action at the next regularly scheduled meeting. The action with the foregoing direction was approved by the following roll call vote; AYES: Commissioner LaPerch; NOES: None; ABSENT: Commissioner PASSED, APPROVED AND ADOPTED this ATTEST: Acting Secretary Rosen, Keenan, Claffey, Holland. APPROVED AND ADOPTED BY RESOLUTION NO. PC -86 -110 - 9/24/86 CONDITIONAL USE PERMIT NO. CUP4504 APPLICNAT: Larry Schuman DATE: September 10, 1986 PLANNING DEPARTMENT CONDITIONS 1. That the permit is granted for the land and project on the plot plan(s) and elevations labeled Exhibits :3" and "4" except of unless indicated otherwise herein. That the location and design, of all site improvements shall be as shown on the approved plot plans and elevations. 2. That unless the use is inaugurated not later than one (1) year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may; at his discretion, grant one (1) additional year extension for use inauguration if there have been nb changes in the adjacent areas and if permittee has diligently worked toward inauguration of use during the initial one year period. 3. That any minor changes may be approved by the Director of Community Development upon the filing of a Minor Modification application, but any Major Modification is to be considered by the City Planning Commission. 4. That the design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable require- ments and enactments of Federal, State, County, and City Authorities, and all such requirements and enactment shall, by reference become conditions of this permit. 5. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any unlawful rules or regulations or orders of an authorized governmental agnecy. In instances where more than one set of rules apply, the stricter ones shall take precedence. 6. That if any of the conditions or limitation of this development plan are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 7. That signs are subject to the City of Moorpark Ordinance Code, Article 24, Sign Ordinance. A sign pei: it is required. 8. That no later than ten (10) days after any change of property owner or of lessee(s) or operator(s) of the subject use, there shall be filed with the Director of-Community Development the name(s) and address(es) of the new gwner(s), leasee(s) or operator(s), together with a letter from any such person(s) acknowledging and agreeing to comply with all conditions of this permit. APPROVED AND ADOPTED BY RESOLUTION NO. PC -86 -110 - 9/24/86 CONDITIONAL USE PERMIT NO. CUP4504 s APPLICNAT: Larry Schuman % DATE: September 10, 1986 .µ a.. PLANNING DEPARTMENT CONDITIONS 9. That the permittee agrees as a condition of issuance and use of this permit to defend at his sole expense any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court cost which the City may be required by court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 10. That permittee's acceptance of this permit and /or operation under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. DELETED 11. That the hours of operation shall be 10:00 a.m. to 9:00 p.m. Monday thru Sunday. 12. Permit shall expire three (3) years from date of Council approval with a two (2) year extension as approved by the Community Development Director subject to the Planning Commission Resolution No. PC -85 -( ) consistent with approved conditions any any subsequent changes to surrounding land and building uses. PLANNING COMMISSION ADDITIONAL CONDITIONS (9/10/86) 13. Conditional Use Permit No. CUP -4504 shall prohibit installation and /or operation of video games on said premises at any time. 14. Hours of operation shall be as follows: Aerobic: Monday - Sunday 6:30 a.m. /9:00 p.m. Batting Cage: Sunday - Thursday 10:00 a.m. /9:00 p.m. Friday & Saturday 10:00 a.m. /10:00 p.m. 15. Developer shall comply with revised Sign Code. APPROVED AND ADOPTED BY RESOLUTION NO. PC -86 -110 - 9/24/86 CONDITIONAL USE PERMIT NO.: CUP4504 APPLICANT: Larry Schuman DATE: September 10, 1986 VENTURA COUNTY FIRE PROTECTION DEPARTMENT 1. That a street width of 25 feet shall be provided for two way traffic with parallel parking one side, off street parking one side. 2. That the applicant shall provide sufficient proof of the ability to prevent vehicle parking in "no parking" areas and that enforce- ment can be secured in order that access by emergency vehicles will not be obstructed. 3. That access roads shall be installed with an all- weather surface, suitable for access by fire department apparatus. 4. That all drives shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). 5. That the access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Bureau of Fire Prevention. 6. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on plan within 300 feet of the development. 7. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one (1) four (4) inch and two and one -half (2}) inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual. pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one center. d. Fire hydrants shall be recessed in from curb face 24 inched at center. APPROVED AND ADOPTED BY RESOLUTION NO. PC -86 -110 - 9/24/86 CONDITIONAL USE PERMIT NO. CUP4504 APPLICNAT• Larry Schuman �^ DATE: September 10, 1986 VENTURA COUNTY FIRE PROTECTION DEPARTMENT That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2500 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 9. That a minimum individual hydrant flow of 1250 gallons per minute shall be provided at this location. 10. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 11. That address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background; and shall be readily visible at night. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure is not visible from the street, the address numbers shall be posted adjacent to the driveway entrance. 12. That building plans of public assemble areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Bureau of Fire Prevention for review. 13. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The place- ment of extinguishers shall be reviewed by the Fire Prevention for review. 14. That any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. ,,. _ MOORPARK THOMAS C. FERGUSON Mayor DANNY A. WOOLARD Mayor Pro Tern JAMES A HARTLEY Councilmember ALBERT PRIETO Councilmember LETA YANCY - SUTTON Councilmember THOMAS P.GENOVESE City Treasurer STAFF REPORT TO: MOORPARK PLANNING COMMISSION Meeting of September 10, 1986 CONDITIONAL USE PERMIT NO. CUP4504 Subject: Request to operate albatt,ing cage and an aerobic studio in an existing 13,782 square foot building. The total square footage is divided into 12,462 for batting activity and 1,320 for aerobic activity respectively. 64 STEVEN KUENY City Manager CHERYLJ.KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Location: The proposed project is located in the Moorpark Industrial Condominium, 387 Zackery, northeast corner of Flinn Avenue and Zackery Avenue. Assessor Parcel no. 512 - 150 -525. Applicant: Larry Schuman 4838 Heather Court Moorpark, CA. 93021 General Plan/ I -1 Light Industrial Zoning: M -1 Industrial Surrounding Property Zoning /Use: North: Vacant South: Welding Shop East: Building "B" West: Telephone Company w ,,. _ MOORPARK THOMAS C. FERGUSON Mayor DANNY A. WOOLARD Mayor Pro Tern JAMES A HARTLEY Councilmember ALBERT PRIETO Councilmember LETA YANCY - SUTTON Councilmember THOMAS P.GENOVESE City Treasurer STAFF REPORT TO: MOORPARK PLANNING COMMISSION Meeting of September 10, 1986 CONDITIONAL USE PERMIT NO. CUP4504 Subject: Request to operate albatt,ing cage and an aerobic studio in an existing 13,782 square foot building. The total square footage is divided into 12,462 for batting activity and 1,320 for aerobic activity respectively. 64 STEVEN KUENY City Manager CHERYLJ.KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Location: The proposed project is located in the Moorpark Industrial Condominium, 387 Zackery, northeast corner of Flinn Avenue and Zackery Avenue. Assessor Parcel no. 512 - 150 -525. Applicant: Larry Schuman 4838 Heather Court Moorpark, CA. 93021 General Plan/ I -1 Light Industrial Zoning: M -1 Industrial Surrounding Property Zoning /Use: North: Vacant South: Welding Shop East: Building "B" West: Telephone Company Environmental: Negative Declaration Issues: 1) Hours of Operation 2) Parking 799 Moorpark Avenue Moorpark, Cakfomia 93021 (805) 529.6864 STAFF REPORT: PLANNING COMMISSION !p. 2 - September CONDITIONAL USE PERMIT NO. CUP4504 - Larry Schuman Discussion: The applicant is requesting to operate a batting cage and aerobic studio in an existing 13,782 sq. ft. building, pursuant to Section 8141 -0.8 (Allowable use under Industrial Park M -1 District use Conditional use Permit). This section allows flexibility under the M -1 zoning classification. The regulations of the industrial districts are designed to provide a maximum degree of flexibility consistent with the type of develop- ment desired for the area and the type of protection from zoning desired by industry. Staff has researched surrounding cities (Camarillo, Oxnard, Simi Valley, County of Ventura) in the County which have also utilized this section of the zoning code to allow this type of activity in :industrial zoned properties. One of the primary reasons that staff is supporting such a request is because of the need for recreation- al facilities in our community. However, by requiring a CUP on this property it will give the City authority to govern time of operation and similar regulations /- for a batting cage and aerobic studio. Thus, whenever possible within this section of the code, certain administrative discretionary powers have been established to permit decisions to be made on the administrative level, which staff supports this type of request allowing a batting cage and aerobic facility under a Conditional Use Permit. Parking 6 Hours of Operation: After researching other cities, staff has found that other cities have required one (1) parking space for every 250 -300 square feet of gross floor area which is similar to commercial development standards. Thus, staff is recommending that we require one (1) parking space for ever 300 square feet of gross flooz area which equals to forty -five (45) spaces. As for hours of operation, staff is recommending that both the batting cage and aerobic studio be limited as follows: Monday - Sunday, 10:00 a.m. - 9:00 p.m.. STAFF REPORT: PLANNING COMMISSION r p. 3 - September 10, 1986 CONDITIONAL USE PERMIT NO. CUP4504 - Larry Schuman Recommended Action Make the following findings: 1. That the proposed project will not have a significant effect on the environment and that this Commission has reviewed and considered the information contained in the Negative Declaration and approves the attached Negative Declaration as having been completed in compliance with CEQA Guidelines; and 2. Direct staff to prepare a resolution to approve Conditional Use Permit No. CUP4504 subject to the recommended conditions for consideration by the Planning Commission at its next regular scheduled meeting. Prepared by: Diane Eaton Associate Planner Exhibits: 1. Staff Report 2. Location Map 3. Floor Plan 4. Site Plan 5. 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September 10, 1986 MEM SEP 101986 Moorpark Planning Commission CP OF UNRPARK Moorpark, CA RE: Doc# CUP4504 Honorable Members: This letter comes in support of Mr. Larry Schuman's application for a conditional use permit for the facility located at the northwest corner of Flynn Avenue and Zach- ary. Mr. Schuman has informed me that the space would be I- used to provide recreational activities such as aerobics, gymnastics and karate for Moorpark residents. Having taught Karate in the area, I can attest to the need for such programs and the high level of interest that exists among both youth and adults. I would not hesitate to say that the proposed site would be well utilized by myself, as well as other in- structors. /Sincerely, e fe y E. Washington Head Instructor Gary Ruskin Karate Studio FLINN AVENUE y 3 • • • I; PARKING V' O Ln a _c U ON z .I b V a >, y 4J �a m zv 4) U O H H it o a z O y Y w t- oo «'. o U0 PARKING I IL DING �'B' -!NORi H S 1 9� I I 6tp . �I PAVING STORAGE AREA I I I H H DING 'B'- SLLOUT SE 1377 71 PARKING V' O Ln a _c U ON z .I b V a >, y 4J �a m zv 4) U O H H it o a z O y Y w t- oo «'. o U0 CITY OF MOORPARK DEPARTMENT OF COMMUNITY DEVELOPMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 X NEGATIVE DECLARATION MITIGATED NEGATIVE DECLARATION I. PROJECT DESCRIPTION: 1. Entitlement; Conditional Use Permit No. CUP -4504 2. Applicant; Larry Schuman 3. Proposal; To allow a batting cage and aerobic - workout facilities 4. Locat )n anc rarcei rvunoerlsU: st corner of F 5. Responsible Agencies: NONE II. STATEMENT OF ENVIRON -F- TAL FINDINGS: An initial study was conducted by the Department of Community Development to evaluate the potential effects of this project upon the environment. Based upon the findings contained in the attached initial study it has been determined that this project could, could not, have a significant effect upon the environment. MITIGATED NEGATIVE DECLARATION ONLY: These potentially significant impacts can be satisfactorily mitigated through adoption of the following identified measures as conditions of approval_ MITIGATION MEASURES INCLUDED TO AVOID POTENTIALLY SIGNIFICANT EFFECTS: (IF APPLICABLE) III. PUBLIC REVIEW: 1. Legal Notice Method; Direct mailing to property owners within 300 feet. 2. Document Posting Period; July 29, 1986 - August 12, 1986 Prepared by: Approved by: Diane Eaton 7/22/86 (Name) (Date) (Name) (Date) EXfI =B2T ,5 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning Commission of the City of Moorpark, California, on Wednesday , the 10th day of. September _, 1986, beginning at the hour of 7:00 p.m., in the Council Chambers in the City Hall of said City, located at 799 Moorpark. Avenue, Moorpark, California- 93021 for the purpose of consideration of the proposed project hereinbelow described. NOTICE IS HEREBY FURTHER GIVEN, that, pursuant to California State law, an evaluation has been conducted to determine if the proposed project could significantly affect the environment,. and that, based upon an unitial review, it has been found that a significant affect would not occur; therefore a Negative - Declaration has been completed 'in compliance with State CEQA- Guidelines issued -thereunder. Entitlement: Applicant: Proposal: Location: r Assessor's Parcel No.: NOTICE Conditional Use Permit No. CUP -4504 Larry Schuman Batting cage and aerobic - workout facility in an Light Industrial area. Northwest corner of Flinn Avenue &-Zackery Avenue. 512 - 150 -525 NOTICE NOTICE If you challenge the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the C m.m,,,; ty navA t _ napt _ at or prior to the public hearing. If you have any questions or comments regarding the project, contact the Community Development Department at the City Hall, 799 Moorpark Avenue, Moorpark, California 93021; Phone: (805) 529 -6864. DATED: August 25 , 19 86 By:� Title: Administrative Secretary 0 NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION TO CONCERN PARTIES: The City of Moorpark is currently processing the following land use permit request. California State Law requires that an evaluation be conducted to determine if this project could significantly affect the environment. Based upon an initial review, it has been found that a significant affect would not occur; therefore, a Negative Declaration has been prepared. PROJECT DESCRIPTION Entitlement: Conditional Use Permit No. CUP -4504 Applicants Name: Larry Schuman Parcel Size: 39,508 square feet. Assessors Parcel No.(s): 512- 150 -525 Zoning Designation: General Plan Designation: Light Industrial Project Location: Northwest corner of Flinn Avenue and Zackery Avenue. Description of Land Use That Would Result If Permit Is Approved: Batting cage and aerobic - workout facilities. The public review period for the draft Negative Declaration is from July 29, 1986 to August 12, 1986 I you have any questions or comments regarding the project or adequacy of the draft Negative Declaration, please call or write, Diane Eaton, Associate Planner 799 Moorpark Avenue, Moorpark, CA. 93021, (805) 529 -6864. Copies of this draft Negative Declaration may be reviewed or purchased at the above address. Prepared by: Diane Eaton Date: 7/22/86 +w AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF Moorpark ) I, CELIA LaFLEUR , Deputy City Clerk of the City of Moorpark, California, do hereby certify that on August 25, 1986 , I caused to be mailed the attached NOTICE OF PREPARATION OF DRAFT NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING BEFORE THE PLANNING COMMISSION ON SEPTEMBER 10, 1986 ON CONDITIONAL USE PERMIT NO. CUP4504 LARRY SCHUMAN by placing a copy thereof in the United States mail at Moorpark California addressed to SEE ATTACHED LIST Dated: August 25, 1986 Deputy City Clerk JOHN A BARONE BEN H DENGLER PO BOX 4 Newberry Park Ca. 91320 DOUG AND�t4RLE� ood UN 29495 Agoura Ca. 91301 NHD PARTNERS 5655 Lindaro Canyon Rd. Westlake Village Ca. 91362 DON AND VIRGINIA HENTHORN 605 Laguna Dr. Simi Valley Ca. 93065 VENTURA CO FL CTRL• DIST 800 Victoria AV. Ventura CA. 93009 LOUIS AND JUANITA BORICK 7800 Woodley AV. Van Nuys Ca. 91406 PACIFIC TEL -TEL 140 New Moitgomery St. San Francisco Ca. 9410' RAYMOND CAREN 9735 Wilshire B1. Beverly Hills Ca. 90212 I r I. BACKGROUND CITY OF MOORPARK INITIAL STUDY CHECKLIST FORM 0 I. Name of Applicant Larry Schuman 2. Project Description 13,782 sq.ft. of Industrial Structure to allow Batting Cage and Aerobic workout facilities 3. Date of Checklist submittal July 7, 1986 4. Project Location Northwest corner of Flinn Avenue and Zackery Avenue. II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) YES MAYBE NO I. EARTH. Will the proposal result in: a. Unstable earth conditions or in changes X in geologic substructures? — b. Disruptions, displacements, compaction or overcovering of the soil? C. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, _ or changes in situation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? '— g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? X X X j X X X e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition or erosion of beach sands, _ or changes in situation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? '— g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? X X X j X �r I,— YES MAYBE NO 2. AIR. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors? X C. Alteration of air movement, moisture or X temperature, or any change in climate, either — locally or regionally? d. Is there a potential for cumulative adverse X impacts on air quality in the project area? — 3. WATER. Will the proposal result in: a. Changes in currents, or the course of direction X of water movements, in either marine or fresh — waters? b. Changes in absorption rates, drainage patterns, X or the rate and amount of surface runoff? — C. Alterations to the course or flow of flood X waters? — d. Change in the amount of surface water in. X any water body? — e. Discharge into surface waters, or in any X alteration of surface water quality, including — but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of X ground waters? — g. Change in the quantity of ground waters, either X through direct additions or withdrawals, or — through interception of an aquifer by cuts or excavations? h. Degradation of ground water quality? X i. Substantial reduction in the amount of water X otherwise available for public water supplies? j. Exposure of people or property to water related X hazards such as flooding or tidal waves? — 6. NOISE. Will the proposal result in: a. Increases in existing noise levels? 1( b. Exposure of people to severe noise levels? �( 7. LIGHT AND GLARE. Will the proposal produce new light or glare? �( 8. LAND USE. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. NATURAL RESOURCES. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable resource? — YES MAYBE NO 4. PLANT LIFE. Will the proposal result in: a. Changes in the diversity of species or number of �[ any species of plants (including trees, shrubs, — grass, crops, and aquatic plants? b. Reduction of the numbers of any unique, rare or endangered species of plants? C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? (% 5. ANIMAL, LIFE. Will the proposal result in: a. Change in the diversity of species or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? b. Restrict the range of or otherwise affect any rare or endangered animal species? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife x habitat? — 6. NOISE. Will the proposal result in: a. Increases in existing noise levels? 1( b. Exposure of people to severe noise levels? �( 7. LIGHT AND GLARE. Will the proposal produce new light or glare? �( 8. LAND USE. Will the proposal result in a substantial alteration of the present or planned land use of an area? 9. NATURAL RESOURCES. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable resource? — 10. RISK OF UPSET. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. POPULATION. Will the proposal alter the location, distribution, density or growth rate of the human population of an area? 12. HOUSING. Will the proposal affect existing housing, or create a demand for additional housing? 13. TRANSPORTATION /CIRCULATION. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities or demand for new parking? c. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and /or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a need for new or altered governmental servies in any of the following areas: a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? e. Other governmental services? 15. ENERGY. Will the proposal result in: a. Use of substantial amounts of fuel or energy? YES MAYBE NO .r X _ x x a K X x f YES MAYBE NO b. Substantial increase in demand upon existing sources of energy or require the development of new sources = of energy? 16. UTILITIES. Will the proposal result in a need for new systems. or substantial alterations to the following utilities: a. Affect possible unknown archaeological or historic- al sites? b. Result in destruction or alteration of a known X archaeological or historical site within the vicinity of the project? C. Result in destruction or alteration of a known archaeological or historical site near the Ac vicinity of the project? a. Power or natural gas? b. Communications system? X c. Water? x d. Sewer or septic tanks? e. Storm water drainage? x f. Solid waste and disposal? g. Street lighting annexation and /or improvements? 17. HUMAN HEALTH. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. AESTHETICS. Will the proposal result in the obstruc- tion of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. RECREATION. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. ARCRAEOLOGICAL/HISTORICAL. Will the proposal: a. Affect possible unknown archaeological or historic- al sites? b. Result in destruction or alteration of a known X archaeological or historical site within the vicinity of the project? C. Result in destruction or alteration of a known archaeological or historical site near the Ac vicinity of the project? YES MAYBE NO 21. MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? __ y H— b. Does the project have the potential to achieve short-term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long -term impacts will endure well into the future.) y c. Does the project have impacts which are individu- ally limited, but cumulatively considerable? (A project may impact on two or more separate resources where impact on ea.h resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. III• RECOMMENDATION On the basis of this initial evaluation: _ In conformance with Section 15060 of the State EIR Guidelines, I find with certainity that the proposal would not have a significant impact on the environment. I find the proposed project is categorically exempt pursuant to class is I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION should be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet could be applied to the project. A MITIGATED NEGATIVE DECLARATION SHOULD BE PREPARED. I find proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find proposed project MAY have a significant effect on the environment, and an ADDENDUM to an existing certified Environmental Impact Report is required. I find the proposed project MAY have a significant effect on the environment, and this effect is adequately addressed in a certified Environmental Impact Report, and thus SUBSEQUENT USE of the existing EIR is required. DISCUSSION OF ENVIRONMENTAL EVALUATION The proposed batting cage and aerobic studio is being required to obtain a conditional use permit primarily for the purpose of enabling the City to monitor any potential problems. In the event any problems, primarily neighborhood disturbances occuring, the City can revoke the permit. The CUP will enable the City to control the hours of operation. No problems are anticipated at this point. The site is a sufficant distance away from a residential area to avert an immediate neigh- borhood conflict. sufficient parking will be provided. h