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Home My WebLink AboutPC-1004-2019 (DIR-4082-2019 -- 1308 Monterey Street)RESOLUTION NO. PC-1004-19 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION DENYING AN APPEAL AND UPHOLDING THE DIRECTOR'S ACTION PERMIT APPROVAL OF THE CONDITION EXTENDING THE HOURS OF OPERATION FOR THE COMMERCIAL ACTIVITIES WITHIN A MIXED -USE DEVELOPMENT. THE PROJECT IS CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED JULY 10, 2019 (1308 MONTEREY STREET, DIR-4082-2019) WHEREAS, the Administrative Hearing Officer 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 May 13, 2019, pursuant to a proceeding instituted under DIR-4082-2019, George Garcia, applicant; and WHEREAS, On May 20, 2019, Mark Henry, on behalf of the residents at 1308 Monterey Street, filed an appeal of the Administrative Hearing Officer's action; 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 July 10, 2019, pursuant to a proceeding instituted under APPL-0323-2019, Mark Henry, appellant; 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. 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. Findinas. Based upon all the evidence, the Planning Commission makes the following findings to deny the appeal (APPL-0323-2019) of the Administrative Hearing Officer's decision, thereby granting final approval to the project with extended hours of operation (DIR- 4082-2019), based on the following findings: 1. As conditioned, the use will not harm the general health, safety, and welfare of people living or working in the vicinity because conditions of approval limiting commercial hours of operation will minimize noise impacts as well as impacts to police resources and the community. 2. As conditioned, the proposed project is consistent with the General Plan, which designates the project site as General Retail. The City's General Plan Land Use Element Table 1 states that the General Retail Land Use is designed to provide for goods and services adequate to meet Resolution No. PC-1004-19 1308 Monterey, APPL-0323-2019 (DIR-4082-2016) Page 2 most of the needs of city and county residents that includes restaurant uses, and the proposed hours of operation are identified for restaurant and office uses consistent with the underlying land use designation. 3. As conditioned, the proposed uses on site will not negatively impact the residential uses in the development because the proposed commercial activity will be limited to hours of operation consistent with specific thresholds established within the Noise Ordinance for noise -sensitive uses, and noise levels created by the uses during business hours shall be within allowable limits as described in the Municipal Code. SECTION 2. Environmental Review. The project is categorically exempt under Class 1, Existing Facilities; Section 15301 of the State California Environmental Quality Act (CEQA) Guidelines, because the project consists of the modification of hours of operation for businesses within an existing building located within an urbanized area that involves no expansion of use beyond what has been previously approved and will not have a significant effect on the environment. SECTION 3. Action. 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 the project. The Planning Commission does hereby approve application DIR-4082-2016, subject to the following conditions: This Director's Action Permit shall be subsequently reviewed at a public Administrative 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 Director's Action Permit, or of City ordinances or regulations or Police Department resources (calls for service) applicable to the property or the operation of the business, has occurred. At the time of the review, to ensure on -going compatibility of the uses on the project site, conditions of approval may be added, deleted, or modified, or the Director's Action Permit may be revoked. 2. The Director's Action Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification of the permit is necessary upon significant change to the businesses as represented in the applicant's submitted project application materials, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 3. The hours of operation shall be restricted to 8:00 AM to 8:00 PM for all commercial activity on the second floor, and 8:00 AM to 9:00 PM for all commercial activity on the ground floor, until all active noise violations are resolved. Once all active noise violations are resolved, hours of operation shall be restricted per tenant suite as identified below; a. Suite 110: 8:00 AM to 9:00 PM b. Suite 120: 8:00 AM to 9:00 PM c. Suite 140: 8:00 AM to 9:00 PM d. Suite 210: 8:00 AM to 8:00 PM e. Suite 230: 8:00 AM to 8:00 PM f. Suite 240: 8:00 AM to 8:00 PM g. Suite 250: 8:00 AM to 8:00 PM Resolution No. PC-1004-19 1308 Monterey, APPL-0323-2019 (DIR-4082-2016) Page 3 The hours of operation for all outdoor food services shall operate no earlier than 8:00 AM and shall not remain open later than 9:00 PM, daily. 4. The applicant shall make affirmative efforts to minimize the potential for adverse noise and crowd impacts on adjacent establishments and nearby residences, including, but not limited to, ensuring that all windows and doors are closed no later than 9:00 PM, nightly. a. All loud noise and vibration generating equipment, including exhaust fans should be regularly maintained for the life of the commercial business. All needed repairs identified should be completed within 30 days. 5. The proposed use shall operate in conformance with the City Noise Ordinance (M.C. Chapter 9.12, Noise Control) to maintain compatibility with the nearby residences and businesses. When applying these standards to residential units, measurements should be taken from residential locations as follows: exterior noise from active areas such as outdoor balconies, interior noise from interior rooms closest to the noise source with windows open unless air conditioning or mechanical ventilation exists. Vibration from within rooms closest to vibration source with windows open unless air conditioning or mechanical ventilation exists. 6. The site shall be maintained in a neat and orderly manner at all times, to the satisfaction of the Community Development Director. 7. The operation must meet all required County Health Department standards, obtain any necessary permits, and service to the areas shall be conducted in a safe manner at all times. The applicant shall ensure that tenants, residents, and owners be given 24 hours' notice prior to each required cleaning of rooftop equipment outside of the established hours of operation. Indemnification 8. 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. Upon motion of Commissioner Stevenson, seconded by Chair Wulkan, and on the following roll call vote: AYES: Commissioners McKenzie, Stevenson, and Chair Wulkan NOES: Commissioner Jorgensen and Vice -Chair Dandekar ABSENT: Commissioners Kahn and Quincey RECUSED: The foregoing resolution was adopted this 101h day of July 2019. Q 0, oiu 4K- 3A�: Shawna Scott, etary Planning Commission