Loading...
HomeMy WebLinkAboutPC-1071-2023 (USE-0680-2022 -- 830 Orcutt)RESOLUTION NO. PC-1071-23 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE CONDITIONAL USE PERMIT TO ESTABLISH A HOTEL USE, CONSISTING OF THREE (3) GUEST SUITES IN A MIXED-USE DEVELOPMENT, THAT OPERATES DAILY FOR TWENTY-FOUR HOURS A DAY. THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW; AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED MARCH 8, 2023 (830 ORCUTT ROAD; USE-0680-2022) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing via teleconference on December 9, 2020 and conditionally approved the mixed-use development at 830 Orcutt Road, pursuant to a proceeding instituted under ARCH-0764-2019, AFFH-0210-2020, and USE-0209-2020, 830 Orcutt, LLC, the applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on March 8, 2023, pursuant to a proceeding instituted under USE- 0680-2022, 830 Orcutt, LLC, the applicant; and 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; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law. 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-0680-2022), based on the following findings: 1. As conditioned, the project is consistent with the General Plan because it is a small-scale service that provides a lodging option for those visiting the City and/or region. The proposed hotel use is conditionally permitted in the Service Commercial Zone and would be a service that is compatible with, and would not result in adverse impacts to, surrounding uses, which include residences, commercial recreation, bar/tavern, light manufacturing, and storage. 2. The proposed hotel use is conditionally permitted within the Service Commercial Zone and conditioned to comply with applicable provisions of the Zoning Regulations and Municipal Code. Resolution No. PC-1071-23 830 Orcutt Road, USE-0680-2022 Page 2 3. As conditioned, the design, location, size, and daily, twenty-four-hour operating characteristics of the project will be compatible with existing and future land uses in the vicinity because the proposed hotel use is limited to three (3) guest suites, is prohibited from having amplified sounds outdoors, would be adequately served by onsite parking, and shall comply with applicable performance standards related to lighting, noise, air quality, and hours of operation for nonresidential uses in mixed-use developments. 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 with compatible uses, adequately served by onsite parking, has access to the City’s circulation system, and would 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 required to obtain a building permit for the tenant improvements and relevant code requirements will be reviewed for compliance at the time of building permit application. SECTION 2. Environmental Review. The project is categorically exempt from provisions of the California Environmental Quality Act (CEQA) as described in Sections 15301 (Existing Facilities) and 15332 (In-Fill Development) of the CEQA Guidelines. The project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines because it includes the operation of a three-room hotel use in, and minor tenant improvements to, the commercial building of a mixed-use development that was previously approved and is currently under construction. The Planning Commission’s review and approval of the mixed-use development (ARCH-0764-2019, AFFH-0210- 2020, and USE-0209-2020) on December 9, 2020 included a determination that the proposed development is categorically exempt. Required construction permits have since been obtained and the mixed-use development, including the commercial building that is proposed for hotel use, is under construction. The hotel use does not include any changes to the location of the commercial building or construction of additional square footage. Therefore, the project involves no expansion to the previously approved commercial building. Resolution No. PC-1071-23 830 Orcutt Road, USE-0680-2022 Page 3 The project is also exempt under Section 15332 (In-Fill Development Projects) of the CEQA Guidelines because it is consistent with the General Plan land use designation, applicable General Plan policies, and Zoning Regulations; is located on a project site within City limits that is less than five (5) acres in size (0.56 gross acre); is surrounded by other urban uses (e.g., existing residential, commercial recreational, light manufacturing, storage, etc. uses); and is not a habitat for endangered, rare, or threatened species because the use will operate within the commercial building of a mixed-use development. Approval of the project will not result in any significant effects related to (a) traffic because the project is limited to three (3) guest suites, would not exceed the trip threshold (i.e., less than 110 daily vehicle trips) anticipated for Small Development Projects per the CEQA Guidelines, and would be sufficiently served by onsite parking spaces; (b) noise because the project would comply with exterior and interior noise levels outlined in Chapter 9.12 (Noise Control); (c) air quality because construction-related emissions associated with the required tenant improvements are temporary; or (d) water quality because the project does not include operations that would impact onsite or offsite creeks or wetlands. Lastly, the project can be adequately served by all required utilities and public services. Therefore, the project would not result in a significant effect on the environment. SECTION 3. Action. The following 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 March 8, 2023, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 2. All conditions associated with the Planning Commission’s approval of the mixed- use development on December 9, 2020 (Resolution No. PC-1028-2020) shall be incorporated herein as conditions of approval. 3. The hotel shall retain a responsible party that is available via telephone on a 24- hour basis to respond to emergency maintenance requests and nuisance complaints. The contact information for the responsible party shall be provided to hotel guests, prior to and during their stay, and to residents within the mixed-use development. Resolution No. PC-1071-23 830 Orcutt Road, USE-0680-2022 Page 4 4. Amplified sound is not permitted outdoors. Any noise associated with the hotel shall not exceed permitted noise levels outlined in Chapter 9.12 (Noise Control) of the Municipal Code. 5. For each reserved guest suite, one (1) parking space shall be available for use by the hotel guest(s) between the hours of 4:00 p.m. and 11:00 a.m. for the length of their stay. 6. 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 Conditional Use Permit, or of City Ordinances, regulations, or Police Department resources (e.g., 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 Conditional Use Permit may be revoked. Indemnification 7. 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. Applicable Code Requirements 8. The applicant shall demonstrate compliance with Chapter 4 of the California Fire Code and Title 19 of the California Code of Regulations, which require Fire Safety Directors carry out emergency duties outlined in 403.9.1 of the Fire Code. On motion by Commissioner Dave Houghton, seconded by Commissioner Juan Munoz-Morris, and on the following roll call vote: AYES: Chair Steve Kahn, Commissioners Cooley, Houghton, Jorgensen, and Commissioner Juan Munoz-Morris (two vacant seats) NOES: None REFRAIN: None ABSENT: None The foregoing resolution was passed and adopted this 8th day of March 2023. Resolution No. PC-1071-23 830 Orcutt Road, USE-0680-2022 Page 5 ___________________________ Tyler Corey, Secretary Planning Commission