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HomeMy WebLinkAboutPC-1007-16 (USE-2551-2015 -- 363 Santa Rosa Street)RESOLUTION NO. PC -1007-16 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION GRANTING A USE PERMIT ALLOWING THE ESTABLISHMENT AND OPERATION OF A CAR WASH IN THE TOURIST COMMERCIAL (C -T) ZONE AND DETERMINING THAT THE PROJECT IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED MAY 11, 2016(363 SANTA ROSA, USE -2551-2015) 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 11, 2016, pursuant to a proceeding instituted under application USE -2551-2016, SLO Wash Partners, applicant; 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 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 project will not be detrimental to the health, safety, or welfare of those working or residing in the vicinity since the proposed project is consistent with the site's zoning and property development standards and will be subject to conformance with all applicable building, fire, and safety codes. 2. The proposed project is consistent with General Plan policies applicable to the Tourist Commercial land use designation because the site is located on Highway 1 (Santa Rosa Street) and near the access street to Highway 101 South (Olive Street), and the proposed car wash use will serve the traveling public at this location. 3. As conditioned, the proposed project is consistent with City policies related to noise exposure levels because, due to the design of the proposed project, noise generating equipment is located away from the adjacent residential use and, as confirmed by the acoustic analysis prepared by David Dubbink Associates, anticipated noise levels are within all City standards. Planning Commission Resolution No. PC -1007-16 USE -2551-2015 (363 Santa Rosa Street) Page 2 SECTION 2. Environmental Review The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), as it is an in -fill development project, as described in § 15332 of the CEQA Guidelines. SECTION 3. Action. The Commission hereby approves a use permit allowing the establishment and operation of a car wash within the Tourist -Commercial (C -T) Zone, at 363 Santa Rosa Street, subject to the following conditions: Planning Conformance to Plans: 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 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. 2. Architectural Review: The project shall obtain approval from the City's Architectural Review Commission prior to submitting an application for construction permits. 3. Exterior Lighting: Plans submitted for construction permits shall include a photometric plan and sufficient information to show compliance with Night Sky Preservation regulations (Zoning Regulations, Ch. 17.23). The location of exterior lighting fixtures must be clearly indicated and building -mounted fixtures must be depicted on building elevation drawings. All exterior lighting must be oriented, recessed, or shielded to prevent light trespass and pollution. 4. Landscape Plan: Plans submitted for construction permits shall include a landscaping plan indicating the extent of landscaped area, hardscape, plant selection, and method of irrigation, consistent with Community Design Guidelines, Engineering Standards, and Water -Efficient Landscape Standards, as applicable. 5. Eguuipment Noise: The project shall incorporate all recommendations of the acoustic analysis prepared by David Dubbink Associates, and plans submitted for construction permits shall provide details pertaining to the vehicle dryer, including information about noise levels produced to ensure that the noise generated will be consistent with the acoustic analysis provided by the applicant and will be within acceptable limits. The equipment used for the car wash will operate at all times in compliance with the Noise Control regulations of the San Luis Obispo Municipal Code (Chapter 9.12). Planning Commission Resolution No. PC -1007-16 USE -2551-2015 (363 Santa Rosa Street) Page 3 6. Hours of Operation: The car wash equipment shall not be operated before 7:00 am or after 8:00 pm. This limitation is intended to avoid excessive noise levels during nighttime hours. 7. Indemnification: 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." Public Works 8. If this project is considered to be part of a larger "Common Plan of Development" with 1042 Olive Street, then the development plans shall include compliance with a Stormwater Pollution Prevention Plan for land disturbance of one or more acres and the Post Construction Stormwater Requirements promulgated by the Regional Water Quality Control Board for the redeveloped sites. On motion by Commissioner Riggs, seconded by Commissioner Larson, and on the following roll call vote: AYES: Commissioners Dandekar, Larson, Malak, Riggs, Vice -Chair Fowler, and Chair Stevenson NOES: None REFRAIN: None ABSENT: 1 Seat Vacant The foregoing resolution was passed and adopted this 1 Ith day of May, 2016. �k] 2n_7__,C - Xzandrea Fow er, Secretary Planning Commission