HomeMy WebLinkAboutPC-1002-16 (CODE-1316-2015 -- 855 Aerovista Place)RESOLUTION NO. PC -1002-16
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF AMENDMENTS TO TITLE 17 (ZONING
REGULATIONS) AND THE AIRPORT- AREA SPECIFIC PLAN
TO ALLOW NIGHT CLUB LAND USE WITHIN THE BUSINESS PARK
(B -P) ZONE, EXEMPT FROM ENVIRONMENTAL REVIEW (CODE -
1316 -2015)
WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo
conducted a public hearing in Board of Supervisors Chambers, County Government Center, 1055
Monterey Street, Room D170, San Luis Obispo, California, on December 16, 2015, and
recommended approval of amendments to the Municipal Code and the Airport Area Specific
Plan; and
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 February 10, 2016, for the purpose of considering application CODE -1316-2015;
and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
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 Commission makes the
following findings:
1. The proposed amendment will not significantly alter the character of the City or cause
significant health, safety or welfare concerns, since the amendments are consistent with the
General Plan and directly implement City goals and policies.
2. Under the proposed amendment, night club uses in the BP zone of the Airport Area
Specific Plan will require a use permit to address parking, neighborhood compatibility and
security issues.
3. As conditioned, the proposed use is consistent with the Airport Land Use Plan.
Section 2. Environmental Review. The project is exempt from environmental review per
CEQA Guidelines under the General Rule (Section 15061(b)(3)). The Airport Specific Plan
amendment included in this ordinance is summarized below which concludes that it can be seen
Planning Commission Resolution No. PC -1002-16
CODE -1316-2015 (Airport Area Specific Plan)
Page 2
with certainty that proposed amendments to the Municipal Code could not have a significant
effect on the environment:
Modification to Zoning Regulations Table 9, Uses Allowed by Zone, and Airport Area
Specific Plan Table 4.3, Allowed Uses which allow Night Club uses in an additional zone
including the B -P zone will not have a significant effect on the environment because no changes
to underlying Specific Plan or Zoning Regulations including parking requirements, setbacks,
coverage, floor area ratio, density, etc. are proposed. Additionally the use complies with the
Airport Land Use Plan. The amendment has no effect on the physical environment and therefore
could not have a significant effect on the environment. Proposed night club uses shall be subject
to use permit review and approval.
SECTION 3. Action. The Planning Commission does hereby recommend that the City
Council approve Title 17 (Zoning Regulations) and the Airport Area Specific Plan Amendment
CODE -1316-2015 subject to the following conditions:
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 City shall fully cooperate in
the defense against an Indemnified Claim."
2. Future development that includes "night club" uses proposed within the Business Park
Zone of the Airport Area Specific Plan shall meet the standards and requirements of the
Airport Land Use Plan, and shall be referred to the Airport Land Use Commission for a
determination of consistency with the Airport Land Use Plan.
3. All tall structures shall be reviewed by the Air Traffic Division of the FAA regional office
having jurisdiction over San Luis Obispo County to determine compliance with the
provisions of FAR Part 77. In addition, applicable construction activities must be reported
via FAA Form 7460-1 at least 30 days before proposed construction or application for
building permit.
Upon motion by Commissioner Draze, seconded by Commissioner Malak, and on the following
roll call vote:
AYES: Commissioners Draze, Malak, Dandekar, Fowler, and Larson
NOES: Vice -Chairperson Multari
REFRAIN: Commissioner Riggs
ABSENT: None.
The foregoing resolution was passed and adopted this 10th day of February, 2016.
&OuAht� -
Doug Efavidson, Secretary
Planning Commission