HomeMy WebLinkAboutPC-1057-2022 (USE-0728-2021 -- 3880 Broad Street)RESOLUTION NO. PC-1057-22
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION APPROVING THE CONDITIONAL USE PERMIT TO
ESTABLISH A LARGE-SCALE COMMERCIAL RECREATIONAL USE
IN AN EXISTING TENANT SPACE WITHIN THE MARIGOLD CENTER.
THE PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW; AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED APRIL 27, 2022 (3880 BROAD
STREET, USE-0728-2021)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted
a public hearing on April 27, 2022, pursuant to a proceeding instituted under USE-0728-
2021, Andrew Davies, the applicant;
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly
considered all evidence, including the testimony of the applicant, interested parties, and
evaluation and recommendations by staff, presented at said hearing;
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission hereby grants final approval
to the project (USE-0728-2021), based on the following findings:
1. As conditioned, the proposed use is consistent with the General Plan because
the project is a larger scale use that serves community-wide needs as intended
by the Community Commercial land use designation. The large-scale commercial
recreational use is permitted in the Community Commercial zone and would
provide services and amenities that are compatible with, and would not result in
adverse impacts to, the surrounding uses, which include restaurants, retail,
offices, and residences.
2. The proposed use is conditionally permitted within the Community Commercial
zone and is conditioned to comply with applicable provisions of these Zoning
Regulations and the Municipal Code.
3. The design, location, size, and 24-hour operating characteristics of the proposed
use will be compatible with the existing and future land uses in the vicinity
because the project would operate within a fully enclosed tenant space of an
existing shopping center along the Broad Street corridor, has adequate onsite
parking, is conditioned to comply with the Noise Ordinance, and provides
extended hours of operation to accommodate patrons throughout the City.
Resolution No. PC-1057-22
3880 Broad Street, USE-0728-2021
Page 2
4. The site is physically suitable in terms of (a) its design, location, size, and
operating characteristics of the project, (b) traffic generation and the provision of
public and emergency vehicle (e.g., fire and medical access), (c) public
protection services, and (d) the provision of utilities (e.g., potable water, schools,
solid waste collection and disposal, storm drainage, wastewater collection,
treatment, and disposal, etc.). The project is located on and surrounded by other
developed properties, has access to the City’s circulation system, and will be
served by City utilities. The project does not include activities that generate
service or utility demands beyond those anticipated with uses permitted in the
vicinity.
5. The establishment and subsequent operation or conduct of the use will not,
because of circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons
residing or working in the neighborhood of the use, or be detrimental or injurious
to property or improvements in the vicinity of the use because the project is
conditioned to obtain a building permit and will be reviewed for compliance with
all relevant code requirements for the proposed tenant improvements.
SECTION 2. Environmental Review. The project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) because it consists of the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of existing or former use, as described in
CEQA Guidelines Section 15301 (Existing Facilities). The project would operate within
an existing structure.
SECTION 3. Action. The project conditions of approval do not include
mandatory code requirements. Code compliance will be verified during the plan check
process, which may include additional requirements applicable to the project. The
Planning Commission hereby grants final approval to the project with incorporation of
the following conditions:
Planning Division
1. The Conditional Use Permit shall be reviewed by the Community Development
Director for compliance with conditions of approval, or to determine whether a
modification of the Conditional Use Permit is necessary upon significant change to
the project as represented in the Staff Report dated April 27, 2022, or in the event
of a change in ownership which may result in deviation from the project description
or approved plans.
2. Project activities shall only be permitted within the fully enclosed tenant space.
Resolution No. PC-1057-22
3880 Broad Street, USE-0728-2021
Page 3
3. Amplified sound is not permitted outdoors. Noise associated with any project
activity shall not exceed permitted noise levels in Chapter 9.12 (Noise Control) of
the Municipal Code.
4. All doors and windows shall remain closed between the hours of 10:00 p.m. and
7:00 a.m.
5. This Conditional Use Permit shall be reviewed by the Planning Commission if the
City receives substantiated written complaints from any citizen, Code Enforcement
Officer, or Police Department employee, which contains information and/or
evidence supporting a conclusion that a violation of this Use Permit, or of City
Ordinances, regulations, or Police Department resources (i.e., calls for service)
applicable to operation of the business has occurred. At the time of the Use Permit
review, to ensure on-going compatibility with nearby uses, conditions of approval
may be added, modified, or removed, or the Use Permit may be revoked.
Indemnification
6. The applicant shall defend, indemnify and hold harmless the City and/or its agents,
officers and employees from any claim, action or proceeding against the City and/or
its agents, officers or employees to attack, set aside, void or annul, the approval by
the City of this project, and all actions relating thereto, including but not limited to
environmental review (“Indemnified Claims”). The City shall promptly notify the
applicant of any Indemnified Claim upon being presented with the Indemnified
Claim and the City shall fully cooperate in the defense against an Indemnified
Claim.
On motion by Commissioner Hopkins, seconded by Commissioner Francis, and on
the following roll call vote:
AYES: Commissioners Francis, Hopkins, Kahn, Jorgensen, Munoz-Morris,
Vice-Chair Kahn and Chair Quincey
NOES: None
REFRAIN: None
ABSENT: None
The foregoing resolution was passed and adopted this 27th day of April 2022.
_____ ________________________
Tyler Corey, Secretary
Planning Commission