HomeMy WebLinkAboutPC-1077-2023 (USE-0534-2022 -- 710 Fiero Lane)RESOLUTION NO. PC-1077-23
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION GRANTING A USE PERMIT FOR THE
ESTABLISHMENT OF A WHOLESALING AND DISTRIBUTION USE
FOR DURABLE MEDICAL EQUIPMENT AND SUPPLIES IN THE
BUSINESS PARK ZONING DISTRICT OF THE AIRPORT AREA
SPECIFIC PLAN. PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED MAY 24, 2023
(710 FIERO LN. UNITS 14 & 18, USE-0534-2022)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on May 24, 2023, for the purpose of considering a Use Permit application for
the establishment and operation of a wholesaling and distribution use in the Business
Park zone of the Airport Area Specific Plan, pursuant to a proceeding instituted under
USE-0534-2022, SG Homecare, applicant, and Wiley Blair, property owner; 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. Based upon all the evidence, the Planning Commission
hereby grants final approval to the project (USE-0534-2022), based on the following
findings:
1. As conditioned, the establishment and subsequent operation or conduct of the use
will not harm the general health, safety, and welfare of people living or working in
the vicinity because the proposed use is compatible with the project site and with
existing and potential uses in the vicinity. Conditions of approval have been
included to ensure compatibility with surrounding uses and the business will
comply with all Building and Fire Code standards at time of business license
application and site inspection.
2. The proposed project is consistent with General Plan Land Use Element policies
related to the Business Park land use designation and the Airport Area (LUE Table
1 and Policies 7.3 and 7.4) because it is an existing developed business park which
conforms with the Airport Area LUE policies, and the wholesaling and distribution
use can be approved subject to Planning Commission Use Permit approval, as
Resolution No. PC-1076-23
710 Fiero Ln. Units 14 & 18, USE-0534-2022
Page 2
identified in the Airport Area Specific Plan, which is consistent with the standards
of the Airport Land Use Plan.
3. As conditioned, the design, location, size, and operating characteristics of the
proposed use is consistent with the Zoning Regulations and the Airport Area
Specific Plan because the use is compatible with existing uses in the vicinity and
can be allowed in the BP-SP zone with a use permit approved by Planning
Commission. The use complies with all other applicable provisions of these Zoning
Regulations, Municipal Code, and the standards identified in the Airport Area
Specific Plan.
4. The site is physically suitable in terms of (a) its design, location, shape, size, and
operating characteristics of the proposed use; (b) traffic generation and the
provision of public and emergency vehicle access; (c) public protection services;
and (d) the provision of utilities. 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.
SECTION 2. Environmental Review. The project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) because it consists of
permitting and leasing existing private structures and facilities, involving negligible or no
expansion of existing or former use, and is consistent with policies and standards
applicable to the Business Park zone, as described in State CEQA Guidelines Section
15301 (Existing Facilities). Additionally, the project site is not on a list of hazardous waste
sites and does not contain a significant historical resource. The proposed use area is less
than one acre in size and is entirely surrounded by urban uses that have no value as
habitat for endangered, rare or threatened species as the site is located on an existing
developed property and is almost entirely paved. The site is served by required utilities
and public services.
SECTION 3. Action. The project conditions of approval do not include mandatory
code requirements. Code compliance will be verified during the plan check and business
license processes, which may include additional requirements applicable to the project.
The Planning Commission hereby grants final approval of Use Permit application USE-
0534-2022 for a wholesaling and distribution use located at 710 Fiero Lane, units 14 and
18, with incorporation of the following conditions:
Planning Division
1. If tenant improvements or any construction is proposed, final project design and
construction drawings submitted for construction permits shall be in substantial
compliance with the project plans approved by the Planning Commission. A separate,
full-size sheet shall be included in working drawings that lists all conditions and code
Resolution No. PC-1076-23
710 Fiero Ln. Units 14 & 18, USE-0534-2022
Page 3
requirements of project approval listed as sheet number 2. Reference shall be made
in the margin of listed items as to where in plans requirements are addressed. Any
change to approved design, colors, materials, landscaping, or other conditions of
approval must be approved by the Director, Architectural Review Commission, or
Planning Commission, as deemed appropriate.
Indemnification
2. 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.
Code Requirements:
Fire Department
3. The business shall comply with all Building and Fire Code standards at time of
business license application. Plans submitted for construction permits and/or
business license must clearly identify the use and occupancy classification applicable
to structures or portions of structures. No hazardous materials or compressed gases
shall be permitted on site without prior disclosure to the Fire department.
On motion by Commissioner Houghton, seconded by Vice Chair Cooley, and on the
following roll call vote:
AYES: Commissioners Houghton, Jorgensen, Kahn, Vice Chair Cooley, and
Chair Munoz-Morris
NOES: Commissioner Tolle
REFRAIN: None
ABSENT: Commissioner Ringer
The foregoing resolution was passed and adopted this 24th day of May, 2023.
_____________________________
Tyler Corey, Secretary
Planning Commission