HomeMy WebLinkAboutPC-1003-16 (CODE-1316-2015 -- 855 Aerovista Place)RESOLUTION NO. PC -1003-16
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF A REQUEST TO ALLOW A NIGHT CLUB AND OFF-
SITE PARKING IN THE BUSINESS PARK ZONE, WITH A
CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW
(855 AEROVISTA PLACE, 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 the Night Club use permit at 855 Aerovista within 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 January 27, 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. Findin&s. Based upon all the evidence, the Commission makes the
following findings:
Night Club
1. As conditioned, the use will not harm the general health, safety, and welfare of people
living or working in the vicinity because conditions on the Use Permit approval will
minimize noise impacts, impacts to police resources, and there are no nearby residential
uses.
2. Locating a live indoor/outdoor entertainment use outside of the downtown is appropriate
because currently no sites exist downtown that would allow for live indoor/outdoor
entertainment for a large number of people without impacting other uses. The location of
a night club within the business park zone, near the airport, is appropriate because the use
is not impacted by airport noise and is not located near residential uses.
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3. As conditioned, the proposed project is consistent with Section 4.2.1 of the Airport Area
Specific Plan because the proposed use is supportive of the primary activity and part of
the promotion of the SLO Brew Production Facility.
4. As conditioned, the project is consistent with the Airport Land Use Plan,
5. The property owner has agreed to conditions of approval that place restrictions on their
use of the property to insure that nuisances and significant burdens on police resources do
not occur.
6. As conditioned, the proposed use is compatible with the project site and with existing and
potential uses in the vicinity which include offices, a gym, and a beer brewing facility.
Conditions of approval have been adopted to minimize potential disturbances to
neighboring properties.
Off -Site Parking
7. Off-site parking is acceptable at this location because proposed off-site parking is within a
zone where the use is allowed, within 300 feet of the use, and is not separated from the use
by any feature that would make pedestrian access inconvenient or hazardous.
8. Off-site parking is acceptable at this location because the site on which the parking is
located is owned by the party controlling the use.
SECTION 2. Environmental Review. The project is categorically exempt under Class 32,
In -Fill Development Projects; Section 15332 of the CEQA Guidelines, because the project is
consistent with General Plan policies for the land use designation and is consistent with the
applicable zoning designation and regulations. The project site occurs on a property of no more
than five acres substantially surrounded by urban uses that has no value as habitat for
endangered, rare or threatened species as the site is located on an existing developed property.
The approval of the project would not result in any significant effects relating to;
• Traffic levels do not exceed thresholds established in the City's General Plan;
• Noise levels do not exceed thresholds established in the City's Noise Ordinance;
• Air quality does not exceed thresholds established by APCD Standards;
• Water quality because the site is using an existing commercial building and the site
can be adequately served by all required utilities and public services.
SECTION 3. Action. The Planning Commission does hereby recommend that the City
Council approve Use Permit CODE -1316-2015 subject to the following conditions:
Planning Division
1. 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
Planning Commission Resolution No. PC -1003-16
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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. Hours of operation for the proposed use shall not be outside the hours from 6:00 p.m. to
11:00 p.m., Fridays and 10:00 a.m. to 11:00 p.m. Saturday and Sundays. Changes in the
hours of operation shall require an amendment to this use permit or require an additional
use permit as determined by the Community Development Director.
3. An off-site parking agreement that satisfies parking requirements shall be signed and
recorded to the satisfaction of the Community Development Director prior to occupancy.
A minimum of 61 parking spaces shall be provided in an off-site parking location located
within 300 feet of the subject location.
4. If parking availability becomes impacted, the City retains the right to require additional
parking mitigation measures, including but not limited to revocation of this use permit,
limiting occupancy loads or additional off-site parking agreements with adjacent property
owners.
5. No wedding ceremonies or other similar noise -sensitive events and/or activities are
allowed on the outdoor portions of the property, and any indoor uses must comply with
applicable density restrictions within the Airport Land Use Plan.
6. The proposed use shall operate in conformance with the City's Noise Ordinance at all
times.
7. The patio will be maintained in an orderly manner, and will be properly supervised and
controlled at all times to prevent alcoholic beverages from leaving the area. No alcoholic
beverages shall be consumed on any property adjacent to the licensed premises under the
control of the applicant.
8. The applicant is responsible at all times for verifying the legal age of patrons, for
monitoring patrons' on site alcohol consumption, and for declining to serve alcohol to
patrons who demonstrate signs of intoxication or impairment associated with alcohol
consumption, based on training that is to be provided to all staff.
9. The night club shall not exceed a maximum number of 600 persons in attendance to any
event.
10. To address complaints and minimize the need for police response to minor issues, an
owner or manager shall be on premises at all times, and shall be available to be contacted
by a City representative and/or adjacent property owner or tenant. The applicant shall
provide and regularly update contact information to the City's Police, Fire, and
Community Development Departments and adjacent property owners and tenants.
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11. All employees shall attend ABC LEAD Training or equivalent training.
12. The applicant shall be responsible for an on-going security/safety plan that incorporates
regular training to accommodate changes in personnel. The applicant shall be
responsible for managing outdoor crowds and queuing as a result of this use andthe site
shall be maintained in a neat and orderly manner at all times.
13. The applicant shall manage/patrol outdoor crowds and queuing as a result of this use. An
orderly line of patrons awaiting entry that does not block public access on, or use of, the
sidewalk shall be maintained. This queue shall not block egress from any exits or the
patio seating area exit.
14. Business shall be conducted in a manner that will not violate any provisions of the
California Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minors
(§25658), maintaining the public health, morals, convenience, and safety (§25601); and
taking reasonable steps to correct any objectionable conditions on the premises and
immediately adjacent to the premises (§24200).
15. The maximum posted occupant load for each space shall not be exceeded at any time.
This permit is strictly limited to allow only the occupant load for the premises as
approved by the City of San Luis Obispo Fire Department. Occupant loads approved by
the City of San Luis Obispo Fire Department shall be posted at all times.
16. This Use Permit shall be reviewed at a Planning Commission hearing if the City receives
substantiated written complaints from any citizen, Code Enforcement Officer, or Police
Department employee, which includes information and/or evidence supporting a
conclusion that a violation of this Use Permit, or of City ordinances or regulations
applicable to the property or the operation of the business, has occurred. At the time of
the Use Permit review, to insure on-going compatibility of the uses on the project site,
conditions of approval may be added, deleted, modified, or the Use Permit may be
revoked.
17. Upon a significant change to the business as identified in the applicant's project
description, final security plan, and Staff Report dated February 10, 2016 the Use Permit
shall be reviewed by the Community Development Director for compliance with
conditions of approval, or to determine whether a modification of the Use Permit is
necessary.
18. Upon change of ownership or licensee, the use permit shall be reviewed by the
Community Development Director for compliance with conditions of approval.
19. No structure, landscaping, apparatus, or other feature, whether temporary or permanent in
nature shall constitute an obstruction to air navigation or a hazard to air navigation, as
defined by the ALUP.
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20. Any use is prohibited that may entail characteristics which would potentially interfere
with the takeoff, landing, or maneuvering of aircraft at the Airport, including:
• creation of electrical interference with navigation signals or radio communication
• between the aircraft and airport;
• lighting which is difficult to distinguish from airport lighting;
• glare in the eyes of pilots using the airport;
• uses which attract birds and create bird strike hazards;
• uses which produce visually significant quantities of smoke; and
• uses which entail a risk of physical injury to operators or passengers of aircraft
(e.g., exterior laser light demonstrations or shows).
21. Avigation easements will be recorded for each property developed within the area
included in the proposed local action prior to the issuance of any building permit or
conditional use permit.
22. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) will receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior
to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any
property or properties within the airport area.
Transportation Department
23. Due to peak hour congestion levels along the Broad Street Corridor events shall not be
permitted Monday thru Friday between the hours of 4:00 pm and 6:00 pm.
Building Department
24. The project requires a building permit for change of use and/or occupancy. Additional
requirements will be included when an application for that building permit is submitted
for review.
Fire Department
25. The building permit submitted for the change of use and/or occupancy shall show
occupancy load calculations for nightclub/music use and for other proposed uses of the
building room(s) use based on 5, 7, and 15 square feet per occupant. Occupancy load
calculations shall be submitted by a state -licensed architect.
26. The applicant shall submit a written safety policy/plan for maintaining the maximum
occupant load in the assembly areas of the building (to avoid overcrowding) for any
nightclub/music use.
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27. The building permit submitted for the change of use and/or occupancy shall clarify if this
mezzanine is proposed for a B occupancy or an Assembly occupancy (mezzanine on east
side of building specifies an Assembly occupancy with only one stairway).
28. Any/all changes to the current/proposed building plans shall be in compliance with the
2013 California Building Code, including any required occupancy separations.
Upon motion by Commissioner Riggs, seconded by Commissioner Draze, and on the following
roll call vote:
AYES:
Commissioners Riggs, Draze, Malak, Dandekar, Fowler, and Larson
NOES:
Vice -Chairperson Multari
REFRAIN:
None.
ABSENT:
None.
The foregoing resolution was passed and adopted this 10th day of February, 2016,
&01_�* (ar.
Doug Davidson, Secretary
Planning Commission