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HomeMy WebLinkAboutPC-1057-2022 (USE-0728-2021 -- 3880 Broad Street)RESOLUTION NO. PC-1057-22 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE CONDITIONAL USE PERMIT TO ESTABLISH A LARGE-SCALE COMMERCIAL RECREATIONAL USE IN AN EXISTING TENANT SPACE WITHIN THE MARIGOLD CENTER. THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW; AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED APRIL 27, 2022 (3880 BROAD STREET, USE-0728-2021) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on April 27, 2022, pursuant to a proceeding instituted under USE-0728- 2021, Andrew Davies, the applicant; 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 hearings 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-0728-2021), based on the following findings: 1. As conditioned, the proposed use is consistent with the General Plan because the project is a larger scale use that serves community-wide needs as intended by the Community Commercial land use designation. The large-scale commercial recreational use is permitted in the Community Commercial zone and would provide services and amenities that are compatible with, and would not result in adverse impacts to, the surrounding uses, which include restaurants, retail, offices, and residences. 2. The proposed use is conditionally permitted within the Community Commercial zone and is conditioned to comply with applicable provisions of these Zoning Regulations and the Municipal Code. 3. The design, location, size, and 24-hour operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity because the project would operate within a fully enclosed tenant space of an existing shopping center along the Broad Street corridor, has adequate onsite parking, is conditioned to comply with the Noise Ordinance, and provides extended hours of operation to accommodate patrons throughout the City. Resolution No. PC-1057-22 3880 Broad Street, USE-0728-2021 Page 2 4. The site is physically suitable in terms of (a) its design, location, size, and operating characteristics of the project, (b) traffic generation and the provision of public and emergency vehicle (e.g., fire and medical access), (c) public protection services, and (d) the provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). The project is located on and surrounded by other developed properties, has access to the City’s circulation system, and will be served by City utilities. The project does not include activities that generate service or utility demands beyond those anticipated with uses permitted in the vicinity. 5. The establishment and subsequent operation or conduct of the use will not, because of circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use because the project is conditioned to obtain a building permit and will be reviewed for compliance with all relevant code requirements for the proposed tenant improvements. SECTION 2. Environmental Review. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, as described in CEQA Guidelines Section 15301 (Existing Facilities). The project would operate within an existing structure. 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 hereby grants final approval to the project with incorporation of the following conditions: Planning Division 1. The Conditional Use Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification of the Conditional Use Permit is necessary upon significant change to the project as represented in the Staff Report dated April 27, 2022, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 2. Project activities shall only be permitted within the fully enclosed tenant space. Resolution No. PC-1057-22 3880 Broad Street, USE-0728-2021 Page 3 3. Amplified sound is not permitted outdoors. Noise associated with any project activity shall not exceed permitted noise levels in Chapter 9.12 (Noise Control) of the Municipal Code. 4. All doors and windows shall remain closed between the hours of 10:00 p.m. and 7:00 a.m. 5. This Conditional Use Permit shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department employee, which contains information and/or evidence supporting a conclusion that a violation of this Use Permit, or of City Ordinances, regulations, or Police Department resources (i.e., calls for service) applicable to operation of the business has occurred. At the time of the Use Permit review, to ensure on-going compatibility with nearby uses, conditions of approval may be added, modified, or removed, or the Use Permit may be revoked. Indemnification 6. 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. On motion by Commissioner Hopkins, seconded by Commissioner Francis, and on the following roll call vote: AYES: Commissioners Francis, Hopkins, Kahn, Jorgensen, Munoz-Morris, Vice-Chair Kahn and Chair Quincey NOES: None REFRAIN: None ABSENT: None The foregoing resolution was passed and adopted this 27th day of April 2022. _____ ________________________ Tyler Corey, Secretary Planning Commission