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� 4.0 BACKGROUND: 0 4.1 Section 1012.09A states: The City Council may authorize an interim use of property. Interim uses may not be consistent with the land uses designated on the adopted Land Use Plan. They may also fail to meet all of the zoning standards established for the district within which it is located. 4.2 Section 1012.09B states: The City Council may attach conditions to Interim Use Permits. In reviewing Interim use Permit applications, the City will establish a specific date or event that will terminate the use on the property. The Council will also determine that the approval of the interim use would not result in adverse effects on the public health, safety, and general welfare, and that it will not impose additional costs on the public if it is necessary for the public to take the property in the future. 4.3 Mark Theobald seeks the requested INTERIM USE PERMIT to utilize a tenant space within the structure at 2579 — 2605 Fairview Avenue for the purpose of baseball and softball training and instruction. The interior would be improved to include artificial turf and moveable nets to support up to three batting cages. Most of the training and instruction would occur during the off-peak business hours or from 4 to 10 pm. 4.4 The subject property has a zoning of Light Industrial (I-1) and a Comprehensive Land Plan designation of Industrial (I). 4.5 The applicant has submitted the attached narrative to further support the requested INTERIM USE PERMIT. 5.0 STAFF COMMENTS: 5.1 The City Planner has reviewed the request under that context of use, location, and impact, and although the property lies across the street from the James Addition, the Planner has concluded that the proposed use would create little or no impact to the surrounding neighborhood. 5.2 Traffic to the site would occur mostly during off-peak hours, creating little or no impact to Fairview Avenue. It is anticipated that session enrollment would be around 12 students ranging in age from 8 to 22 years old. lt is also anticipated that a number of the students would car-pool and be driven by parents. 5.3 The Planning Division has reviewed the Code and determined that this type of use (softball/baseball training and instruction) is most appropriate in an industrial district due to the uses need of open warehouse space with tall ceiling heights and the off-peak hours of use. 5.4 Unlike most interim use permits, where potential impacts are mitigated by conditions and limited timeline, this request does not present those same issues or concerns. As such, staff is seeking an extended expirationhenewal date of 5 years. PF07-042_KPCA_080107 Page 2 of 3