HomeMy WebLinkAboutR-11056 upholding an appeal of the PC decision regarding 1308 Monterey St. (APPL-0594 of DIR-4082-2016)RESOLUTION NO. 11056 (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO UPHOLD AN APPEAL OF THE PLANNING
COMMISSION DECISION AND THEREBY UPHOLDING THE
ADMINISTRATIVE HEARING OFFICER'S APPROVAL MODIFYING
CONDITIONS OF APPROVAL FOR LIMITING THE HOURS OF
OPERATION FOR THE COMMERCIAL ACTIVITIES WITHIN AN
EXISTING MIXED-USE DEVELOPMENT; AND FINDING THE
PROJECT CATEGORICALLY EXEMPT FROM ENVIRONMENTAL
REVIEW AS REPRESENTED IN THE PLANNING COMMISSION
AGENDA REPORT AND ATTACHMENTS DATED JULY 10, 2019 (1308
MONTEREY STREET, APPL-0594-2019 OF DIR-4082-2016)
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-4082-2016, 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 (APPL-0323-2019); 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, voted 3:2 to deny the appeal and approve the project, subject to modified conditions
of PC Resolution No. 1004-19; pursuant to a proceeding instituted under APPL-0323-2019, Mark
Henry, appellant; and
WHEREAS, On July 22, 2019, Taqueria de Santa Cruz, filed an appeal of the Planning
Commission action (APPL-0594-2019); and
WHEREAS, the City Council 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 October
22, 2019, pursuant to a proceeding instituted under APPL-0594-2019, Taqueria de Santa Cruz,
appellants; and
WHEREAS, the City Council of the City of San Luis Obispo has duly considered all
evidence, including the record of the Planning Commission hearing and action, testimony of the
appellants and interested parties, and evaluation and recommendations by staff, presented at said
hearing.
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
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Resolution No. 11056 (2019 Series) Page 2
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings to uphold the applicants appeal (APPL-0594-2019) of the Planning
Commission decision, hereby granting final approval to the project (DIR-4082-2016):
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 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 City Council does hereby grant final
approval to the project with incorporation of the following conditions:
Planning Division
1. 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.
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Resolution No. 11056 (2019 Series) Page 3
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 9:30 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
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.
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.
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Resolution No. 11056 (2019 Series) Page4
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 Council Member Christianson, seconded by Vice Mayor Pease, and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Council Member Christianson, Stewart, Vice Mayor Pease and Mayor
Harmon
Council Member Gomez
None
The foregoing resolution was adopted this 22nct day of October 20 L
ATTEST:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this LfrM -day of t0ou :e m k>-erc: , _20 __ )_.1 __ _
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