HomeMy WebLinkAboutItem 1 USE 0879-2017 (3428 Bullock Lane)
MEMORANDUM
DATE: September 27, 2017
TO: Planning Commission
BY: Kip Morais, Planning Technician
FROM: Tyler Corey, Principal Planner
SUBJECT: Continuation of Nonconforming Use – 3428 Bullock Lane
On August 28, 2017, an Administrative Use Permit Hearing was held to consider the continuation
of a Heavy Manufacturing use in the Medium Density Residential (R-2) zone. After considering
the staff recommendation for approval with conditions, the applicant’s presentation, and testimony
from surrounding neighbors, the Hearing Officer decided to elevate the review to the Planning
Commission. The Hearing Officer believed that the Planning Commission was the proper forum
to weigh continuing the longstanding (1978) non-conforming use and its potential impacts in the
context of the surrounding residential neighborhood.
The Administrative Use Permit staff report and recommended findings and conditions for approval
are attached to this memorandum for Planning Commission consideration.
ATTACHMENT
A. Administrative Use Permit Staff Report with attachments dated August 28, 2017
B. Draft Planning Commission Resolution
PC 1 - 1
ADMINISTRATIVE HEARING AGENDA REPORT
SUBJECT: Request to continue a non-conforming heavy manufacturing use in a vacant warehouse
building in a Medium Density Residential (R-2) zone, with a categorical exemption from
environmental review.
PROJECT ADDRESS: 3428 Bullock BY: Kip Morais, Planning Technician
Phone Number:(805) 781-7101
E-mail: kmorais@slocity.org
FILE NUMBER: USE-0879-2017 FROM: Tyler Corey, Principal Planner
RECOMMENDATION: Approve the Administrative Use Permit to allow the continuation of a
non-conforming heavy manufacturing use for the assembly of machinery in the Medium Density
Residential (R-2) zone, based on findings and subject to conditions of approval.
SITE DATA
Applicant Michael Tolle
Complete Date August 16, 2017
General Plan Medium Density Residential
Zoning Medium Density Residential (R-2)
Site Area ~50,094 square feet
Environmental
Status
Categorically exempt from
environmental review under CEQA
Guidelines Section 15301 (Existing
Facilities)
SUMMARY
The applicant, Global Machinery Group, Inc. (GMG), has applied for an Administrative Use Permit
to continue a non-conforming heavy-manufacturing use in the Medium Density Residential (R-2)
zone, located at 3428 Bullock Lane. The proposed heavy manufacturing use includes the final
assembly, inspection, and distribution of aerial work platforms (man lifts), mini excavators, and
skid steers. This use would replace an existing non-conforming use (heavy manufacturing). The
previous tenant, Veristone Products, Inc. specialized in styrofoam manufacturing. The building has
been vacant for a period of approximately five months at the time of this report. Zoning
Regulations Chapter 17.10 (Nonconforming Uses) stipulates that a nonconforming use may be
replaced with another, provided that a period of less than 6 months has passed between uses, and
that the new use has similar or less severe impacts on its surroundings in terms of noise, traffic,
parking demand, hours of operation and visual incompatibility. An Administrative Use Permit is
required for the continuation of a non-conforming use per Chapter 17.10.020 of the Zoning
Meeting Date: August 28, 2017
Item Number: 3
Attachment A
PC 1 - 2
Regulations.
1.0 PROJECT INFORMATION
Site Information/Setting
The subject property is an approximately 1.15-acre property located on Bullock Lane in the R-2
zone. The applicant is proposing to occupy an existing 20,000-square foot warehouse building
formerly occupied by Veristone Products Inc. The project site is bordered to the north by Medium-
High Density Residential (R-3) zoning, and to the north, east, and south by Medium Density
Residential (R-2) zones. Across Bullock Lane, to the west, the property is zoned Manufacturing
(M). Surrounding uses include residential and light manufacturing uses (instruments).
Project Description
The applicant, Global Machinery Group, Inc., is requesting to continue a nonconforming heavy-
manufacturing use (metal products fabrication, machine and welding shops) in the R-2 zone. The
proposed tenant, GMG, proposes to use the property for the modification, assembly, final inspection
and shipment of aerial work platforms, mini excavators, and skid steers. Proposed hours of
operation are between 7 a.m. and 5:30 p.m., and occasionally to 7:00 p.m. for special circumstances
and 8:00 a.m. to 5:30 p.m. on weekends for special circumstances (Attachment 1). The applicant
has agreed to reduce the proposed hours of operation to less than the previous use’s hours to
minimize impacts to surrounding neighbors. Condition #6 has been added to limit the hours of
operation to 8:00 am – 5:00 pm Monday – Friday, and 8:00 am – 5 pm Saturday (for administrative
tasks only, and for deliveries and shipments for extenuating circumstances not to exceed one day per
month).
The applicant proposes to receive inventory from an overseas supplier and use the location to apply
decals and signage, install various items, and perform quality inspection prior to shipment.
Additional activities performed onsite include sales and marketing, shipping/receiving/packaging,
warehousing materials, machines, and parts, and miscellaneous administrative tasks. All
modifications and assembly will be performed inside the building. Tools used include an air
compressor with various hand tools, general personal tools, a forklift, and welder. Exterior use is
limited to delivery and shipping, which will entail an estimated 5-10 shipments per week via the
front loading-dock. The proposed staff is 5-10 employees during the first year and no more than 15
the second year and thereafter. The facility is not open to the public (Attachment 1).
2.0 PROJECT EVALUATION
2.1 Consistency with Zoning Regulations
Chapter 17.10 of the Zoning Regulations states that a nonconforming use may be continued
provided that a period no longer than six months has passed between the cessation of the previous
non-conforming use and the approval of a new non-conforming use, and provided that the new use
is granted an administrative use permit approval. Chapter 17.10.20.B(2) of the Zoning Regulations
lists specific findings that must be made to approve the replacement of a nonconforming use. The
replacement non-conforming use must have similar or less severe impacts on its surroundings in
terms of noise, traffic, parking demand, hours of operation and visual incompatibility. The proposed
Attachment A
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heavy-manufacturing use as conditioned, and as described by the information provided by the
applicant is consistent with these findings.
One of the concerns raised by neighbors was noise. The proposed use is expected to produce less
noise than the previous manufacturing use, as the new use will focus mostly on assembly and final
inspection rather than manufacturing, and work will be conducted internally. Condition number 8
has been added to ensure that modifications, assembly, and testing occur only within the building,
and that the doors remain closed during this time. The City Public Works, Transportation Division
was consulted regarding traffic generation from the new use, and it was determined that there is no
expected increase in traffic generated by GMG as compared to the previously established use.
Therefore, traffic impacts are expected to be similar to the previous use. One issue that was
identified by neighbors was that delivery trucks would park and unload on Bullock Lane. The
current applicant is proposing to load and unload using the front loading dock onsite. Condition
number 6 has been added to ensure that deliveries occur onsite and that vehicles associated with the
business are parked onsite in appropriate locations.
The proposed hours of operation are conditioned to be less than the previous use, and the employee
density is less than the previous use. Operation of the proposed facility is not expected to result in
additional visual impacts, as outside activity is limited to equipment staging and delivery and
shipping using the front loading dock onsite. Condition number 9 has been added to ensure that the
property is maintained in a clean and orderly manner. No physical changes to the interior or
exterior of the property are being proposed as part of this use permit application. The proposed
heavy manufacturing use is parked at a rate of 1 space per 500 square feet, which is the same
parking ratio as the previous manufacturing use. There are 34 parking spaces available, which is 6
spaces less than would be required for a new use, however a change in tenant without change in use
does not trigger a requirement for additional parking.
3.0 ATTACHMENTS
1. Project description
2. Reduced Project Plans
4.0 ACTION
The Administrative Hearing Officer does hereby approve the Administrative Use Permit USE-0879-
2017, which allows for the continuation of a heavy manufacturing use (Metal Products Fabrication,
Machine and Welding Shops) in the medium-density residential (R-2) zone, based on the following
findings and conditions of approval:
Findings
1. Zoning Regulations Chapter 17.10 (Nonconforming Uses) stipulates that a nonconforming use
may be replaced with another, provided that a period of less than 6 months has passed
between uses. A period of less than six months (~5 months) has passed since the site was
occupied by the previous nonconforming use consistent with this chapter.
Attachment A
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2. As conditioned, the new use has similar or less severe impacts on its surroundings than the
previous use in terms of noise, traffic, parking demand, hours of operation and visual
incompatibility, because the assembly work will be conducted inside the building with doors
closed, there is no expected increase in traffic impact, hours of operation are less than the
previous use, the proposed use will have less employee density than the previous use, and the
site will be maintained in a clean and orderly manner.
3. The project is categorically exempt from environmental review (Class 1, Section 15301,
Existing Facilities, CEQA Guidelines), because the proposed use is located within an existing
structure, and will not have the potential for causing a significant effect on the environment.
Conditions
Planning Division
Please note the project 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 your project.
1. This use permit shall be valid only for the operation of the proposed heavy manufacturing
use (GMG Inc.) at the subject location. Expansion, modification and/or change of the use,
not substantially in conformance with this use permit, shall require City approval.
2. All exterior lighting shall be compliant with Zoning Regulations Ch. 17.23: Night Sky
Preservation.
3. This Use Permit shall be reviewed by the Administrative Hearing Officer if any reasonable
written complaint is received from any citizen or from the Police Department or upon receipt
of evidence that the use is not in compliance with conditions of approval and the Municipal
Code. At the time of the use permit review, to insure on-going compatibility between uses on
the project site, conditions of approval may be added, deleted, or modified or the use permit
may be revoked. The Hearing Officer may refer the complaint to the Planning Commission at
his/her discretion.
4. Any new proposed signage shall be reviewed by the Planning Division to ensure
appropriateness for the site and compliance with the City of San Luis Obispo Sign
Regulations.
5. The hours of operation shall be limited to 800 am – 5:00 pm Monday through Friday and
Saturday 8:00 am – 5:00 pm (for administrative tasks only, and for deliveries and shipments
for extenuating circumstances not to exceed one day per month).
6. All deliveries shall occur onsite and shall not take place on Bullock Lane. Forklifts and other
vehicles associated with the business shall be parked onsite in appropriate locations.
Attachment A
PC 1 - 5
7. The storage and staging of machinery for shipping shall be limited to the inside of the
building and areas screened from public view consistent with Chapter 17.16.090 of the
Zoning Regulations. Stored machinery shall maintain at least a 5-foot setback from the side
and rear property lines, and shall not occur within required parking spaces.
8. To minimize noise impacts to neighboring residences, building doors shall remain closed
when assembly, manufacturing, and testing of equipment is taking place. These activities are
limited to the interior of the building.
9. Trash shall be disposed of properly onsite, and the subject property shall be maintained in a
clean and orderly manner; plants shall be kept in a healthy and thriving condition at all times.
Building Division:
Code Information:
10. A building permit shall be obtained for the substantial interior modifications that have
occurred in the lease space without a permit. Plans shall be prepared by a licensed design
professional given the F-1 occupancy classification. Permit shall be issued prior to tenant
taking occupancy of the facility.
Fire Department
Code Information:
11. Fueling of vehicles or equipment, and storage of combustible fuel is not permitted onsite.
12. Welding on fueled vehicles or equipment is not permitted.
13. A welding and cutting permit is required from the Fire Department.
Indemnification
14. 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.
Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow ___________________________________________
_______________________________________________________________________________
Attachment A
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Continue indefinitely to allow: __________________________________________________
_______________________________________________________________________________
__________________________________
Doug Davidson, Deputy Director
Hearing Officer
Attachment A
PC 1 - 7
PROPOSED USE
3428 Bullock Lane
Previously Used By: Veristone Products, Inc.
GMG (Global Machinery Group, Inc.), a global provider of Aerial Work Platforms (Man Lifts), Mini
Excavators, and Skid Steers, is seeking to open a warehouse in the City of San Luis Obispo. GMG will
have much less of an impact regarding noise and disturbing the neighboring properties as compared to
the previous tenant. GMG machines will arrive to this location in new and assembled condition,
requiring only slight modification/assembly and final inspection before shipment. All
modifications/assembly will be carried out inside the building to ensure limited noise to the
neighboring community. The property lease is for a 2 year period with an option to extend.
1. Number of Employees:
a. 1st year: 5 – 10
b. 2nd year and thereafter: No more than 15
2. Hours of Operation:
a. Monday – Friday: 7:00am – 5:30pm (7:00pm for special circumstance)
b. Saturday Sunday: 8:00am – 5:30pm (for special circumstance)
3. Type of Use:
a. Receive inventory from overseas supplier (new equipment for distribution)
i. Man Lifts (Aerial Work Platforms)
1. Push around lifts
2. Scissor lifts
3. Boom lifts
4. Spider lifts
ii. Earth moving equipment
1. Excavators
2. Loaders
3. Drilling
b. Manufacturing / Assembly
i. Apply decals & signage
ii. Bolt on/install various items (as needed)
iii. Quality inspection
c. Prepare equipment for shipment
d. Sales / Marketing
e. Shipping / Receiving / Packaging
f. Warehouse raw materials & finished goods / machines / parts
g. General office use (accounting, payroll, purchasing, meetings, administration)
Attachment A
PC 1 - 8
4. Outside Use
a. Delivery & Shipping
i. Estimated 5 – 10 shipments per week
1. Monday – Friday: 7:00am – 5:30pm (7pm for special circumstance)
2. Saturday Sunday: 8:00am – 5:00pm (for special circumstance)
ii. Front loading dock (main street) will be the primary mode of shipping / receiving
b. Stage new equipment prior to shipping
Planning Division - Community Development Department
• Inside Equipment / Tools
o Air compressor with various hand tools
o General personal tools (no special equipment needed)
o Forklift
o 220v miller mig welder
• Parking
o Up to 15 cars for employees
o 34 parking spaces available, including 2 handicapped
• Interior / Exterior Modifications
o Modifications are not required. Furthermore, GMG will not make any changes to the
building structure and will utilize the existing floor plan.
• Evidence that it has been less than 6 months since the building was occupied by the previous
nonconforming use (veristone products): See attached PG&E bill from Veristone Products.
Building and Safety Division - Community Development Department
• Existing & previous occupancy classifications
o Previous & existing occupancy classification: Light manufacturing
o Proposed occupancy classification: Light manufacturing
• Building construction type: Concrete & Steel
• Previous approved floor plans vary substantially from the current configuration. Please provide
verification that alterations were completed under a building permit.
o GMG is utilizing the existing floor plan and have not made any alterations requiring a
permit
Fire Department
• Building Code occupancy class: Factory Industrial F-1
Attachment A
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Attachment A
PC 1 - 10
Attachment A
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RESOLUTION NO. PC-XXXX-17
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING THE CONTINUATION OF A NON-CONFORMING HEAVY
MANUFACTURING USE IN A VACANT WAREHOUSE BUILDING IN
THE MEDIUM-DENSITY RESIDENTIAL ZONE, WITH A
CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS
REPRESENTED IN THE MEMORADUM AND ATTACHMENTS DATED
SEPTEMBER 27, 2017 (3428 BULLOCK LANE USE-0879-2017)
WHEREAS, an Administrative Use Permit Hearing was held to consider the continuation
of a Heavy Manufacturing use in the Medium Density Residential (R-2) zone on August 28, 2017,
and the Zoning Hearing Officer elevated the review to Planning Commission; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California,
on September 27, 2017, pursuant to a proceeding instituted under USE-0879-2017, Global
Machinery Group Inc., 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.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
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-0879-2017), based on the following findings:
1. Zoning Regulations Chapter 17.10 (Nonconforming Uses) stipulates that a nonconforming
use may be continued, provided that a period of less than 6 months has passed between
uses. A period of approximately 4 months had passed since the previous nonconforming
use occupied the subject site at the time of the Use Permit application submittal to continue
the non-conforming use.
2. As conditioned, the new use has similar or less severe impacts on its surroundings than the
previous use in terms of noise, traffic, parking demand, hours of operation and visual
incompatibility, because the assembly work will be conducted inside the building with
doors closed, there is no expected increase in vehicle trips, hours of operation are less than
the previous use, the proposed use will have less employee density than the previous use,
and the site will be maintained in a clean and orderly manner at all times.
Attachment B
PC 1 - 12
SECTION 2. Environmental Review. The project is categorically exempt from
environmental review (Class 1, Section 15301, Existing Facilities, CEQA Guidelines), because the
proposed use is located within an existing structure on a developed commercial property.
SECTION 3. Action. The Planning Commission hereby grants final approval to the
project with incorporation of the following conditions:
Planning Division
1. This use permit shall be valid only for the operation of the proposed heavy manufacturing
use (GMG Inc.) at the subject location. Expansion, modification and/or change of the use,
not substantially in conformance with this use permit, shall require City approval.
2. The All exterior lighting shall be compliant with Zoning Regulations Ch. 17.23: Night Sky
Preservation.
3. This Use Permit shall be reviewed by the Administrative Hearing Officer if any reasonable
written complaint is received from any citizen or from the Police Department or upon
receipt of evidence that the use is not in compliance with conditions of approval and the
Municipal Code. At the time of the use permit review, to insure on-going compatibility
between uses on the project site, conditions of approval may be added, deleted, or modified
or the use permit may be revoked. The Hearing Officer may refer the complaint to the
Planning Commission at his/her discretion.
4. Any new proposed signage shall be reviewed by the Planning Division to ensure
appropriateness for the site and compliance with the City of San Luis Obispo Sign
Regulations.
5. The hours of operation shall be limited to 800 am – 5:00 pm Monday through Friday and
Saturday 8:00 am – 5:00 pm (for administrative tasks only, and for deliveries and shipments
for extenuating circumstances not to exceed one Saturday day per month).
6. All deliveries shall occur onsite and shall not take place on Bullock Lane. Forklifts and
other vehicles associated with the business shall be parked onsite in appropriate locations.
7. The storage and staging of machinery for shipping shall be limited to the inside of the
building and areas screened from public view consistent with Chapter 17.16.090 of the
Zoning Regulations. Stored machinery shall maintain at least a 5-foot setback from the
side and rear property lines, and shall not occur within required parking spaces.
8. To minimize noise impacts to neighboring residences, building doors shall remain closed
when assembly, manufacturing, and testing of equipment is taking place. These activities
are limited to the interior of the building.
9. Trash shall be disposed of properly onsite, and the subject property shall be maintained in
Attachment B
PC 1 - 13
a clean and orderly manner; plants shall be kept in a healthy and thriving condition at all
times.
Indemnification
10. 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
Building Division:
11. A building permit shall be obtained for the substantial interior modifications that have
occurred in the lease space without a permit. Plans shall be prepared by a licensed design
professional given the F-1 occupancy classification. Permit shall be issued prior to tenant
taking occupancy of the facility.
Fire Department:
12. Fueling of vehicles or equipment, and storage of combustible fuel is not permitted onsite.
13. Welding on fueled vehicles or equipment is not permitted.
14. A welding and cutting permit is required from the Fire Department.
On motion by Commissioner ___________, seconded by Commissioner _____________,
and on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 27th day of September, 2017.
_____________________________
Doug Davidson, Secretary
Planning Commission
Attachment B
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