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HomeMy WebLinkAboutR-10711 - Amend Table 4.3 of the AASP allowing a Night Club at 855 Aerosvista PlaceRESOLUTION NO. 10711 (2016 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TABLE 4.3 OF THE AIRPORT AREA SPECIFIC PLAN ALLOWING A NIGHT CLUB USE WITHIN THE BUSINESS PARK ZONE, APPROVING A NIGHT CLUB USE PERMIT WITH OFF-SITE PARKING IN THE BUSINESS PARK ZONE AT 855 AEROVISTA PLACE AND ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED MAY 3, 2016 (CODE-1316-2015) WHEREAS, the applicant, on May 5, 2015, submitted an application to amend the Airport Area Specific Plan and for a use permit to allow a night club (live indoor/outdoor entertainment) with off-site parking at 855 Aerovista Place; and WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo conducted a public hearing in Board of Supervisors Chambers, County Government Center, 1055 Monterey Street, Room D170, San Luis Obispo, California, on December 16, 2015, and recommended approval of amendments to the Airport Area Specific Plan; 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 February 10, 2016, and recommended approval of the amendments to the Airport Area Specific Plan and night club use permit with off-site parking within the Business Park zone at 855 Aerovista Place; and WHEREAS, the City Council on May 3, 2016, considered the request to amend the Airport Area Specific Plan to allow a night club use within the Business Park zone and for a night club use permit with off-site parking within the Business Park zone at 855 Aerovista Place (CODE-1316-2015); and, WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicants, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: Airport Area Specific Plan 1. The Amendments to the Airport Area Specific Plan conditionally permitting a night club use within the Business Park Zone is consistent with the General Plan policies and will not be detrimental to the health, safety and welfare of the City. R 10711 Resolution No. 10711 (2016 Series) Page 2 Night club 2. As conditioned, the use will not harm the general health, safety, and welfare of people living or working in the vicinity because conditions on the Use Permit approval will minimize noise impacts, impacts to police resources, and there are no nearby residential uses. 3. Locating a live indoor/outdoor entertainment use outside of the downtown is appropriate because currently no sites exist downtown that would allow for live indoor/outdoor entertainment for a large number of people without impacting other uses. The location of a night club within the business park zone, near the airport, is appropriate because the use is not impacted by airport noise and is not located near residential uses. 4. As conditioned, the proposed project is consistent with Section 4.2.1 of the Airport Area Specific Plan because the proposed use is supportive of the primary activity and part of the promotion of the SLO Brew Production Facility. 5. As conditioned, the project is consistent with the Airport Land Use Plan. 6. The property owner has agreed to conditions of approval that place restrictions on their use of the property to insure that nuisances and significant burdens on police resources do not occur. 7. As conditioned, the proposed use is compatible with the project site and with existing and potential uses in the vicinity which include offices, a gym, and a beer brewing facility. Conditions of approval have been adopted to minimize potential disturbances to neighboring properties. Off-site Parking 8. Off-site parking is acceptable at this location because proposed off-site parking is within a zone where the use is allowed, within 300 feet of the use, and is not separated from the use by any feature that would make pedestrian access inconvenient or hazardous. 9. Off-site parking is acceptable at this location because the site on which the parking is located is owned by the party controlling the use. SECTION 2. Amendment of Airport Area Specific Plan. Table 4.3 of the Airport Area Specific Plan is hereby amended as set forth in Exhibit “A” attached hereto and incorporated herein by this reference. R 10711 Resolution No. 10711 (2016 Series) Page 3 SECTION 3. Action on Use Permit. The City Council hereby approves the use permit for a night club use at 855 Aerovista Place (CODE-1316-2015), based on the above and subject to the following conditions: Planning Division 1. 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. 2. Hours of operation for the proposed use shall not be outside the hours from 7:30 p.m. to 11:00 p.m., Fridays and 10:00 a.m. to 11:00 p.m. Saturday and Sundays. Changes in the hours of operation shall require an amendment to this use permit or require an additional use permit as determined by the Community Development Director. 3. An off-site parking agreement that satisfies parking requirements shall be signed and recorded to the satisfaction of the City Attorney and Community Development Director prior to occupancy. A minimum of 61 parking spaces shall be provided in an off-site parking location located within 300 feet of the subject location. 4. If parking availability becomes impacted, the City retains the right to require additional parking mitigation measures, including but not limited to revocation of this use permit, limiting occupancy loads or additional off-site parking agreements with adjacent property owners. 5. No wedding ceremonies or other similar noise-sensitive events and/or activities are allowed on the outdoor portions of the property, and any indoor uses must comply with applicable density restrictions within the Airport Land Use Plan. 6. The combination of amplified music, voice and crowd noise on the subject site from the indoor event venue shall not exceed 90 dBA at 20 feet from the speakers as specified in the Noise Analysis prepared by David Lord, which exceeds the City’s Noise Ordinance requirement for the use. All outdoor speakers shall be oriented inward to the site away from residences to the east of Broad Street at all times. 7. Building plans submitted for the indoor night club venue use shall include measures to reduce sound, including, but not limited to, insulated walls, acoustic panels on the ceiling and wall and specialized acoustic curtains. R 10711 Resolution No. 10711 (2016 Series) Page 4 8. All concerts shall be held in the indoor night club venue. The doors and windows of the facility shall be closed during all events. 9. Ambient music outdoors shall be prohibited after 9:00 p.m. 10. No approval for modifications, decorations or active use of the rock is expressly granted or implied through the approval of the use permit. 11. The patio will be maintained in an orderly manner, and will be properly supervised and controlled at all times to prevent alcoholic beverages from leaving the area. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the applicant. 12. The applicant is responsible at all times for verifying the legal age of patrons, for monitoring patrons’ on site alcohol consumption, and for declining to serve alcohol to patrons who demonstrate signs of intoxication or impairment associated with alcohol consumption, based on training that is to be provided to all staff. 13. The night club shall not exceed a maximum number of 600 persons in attendance to any event. 14. To address complaints and minimize the need for police response to minor issues, an owner or manager shall be on premises at all times, and shall be available to be contacted by a City representative and/or adjacent property owner or tenant. The applicant shall provide and regularly update contact information to the City’s Police, Fire, and Community Development Departments and adjacent property owners and tenants. 15. All employees shall attend ABC LEAD Training or equivalent training. 16. The applicant shall be responsible for an on-going security/safety plan that incorporates regular training to accommodate changes in personnel. The applicant shall be responsible for managing outdoor crowds and queuing as a result of this use and the site shall be maintained in a neat and orderly manner at all times. 17. The applicant shall manage/patrol outdoor crowds and queuing as a result of this use. An orderly line of patrons awaiting entry that does not block public access on, or use of, the sidewalk shall be maintained. This queue shall not block egress from any exits or the patio seating area exit. 18. Business shall be conducted in a manner that will not violate any provisions of the California Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minors (§25658), maintaining the public health, morals, convenience, and safety (§25601); and taking reasonable steps to correct any objectionable conditions on the premises and immediately adjacent to the premises (§24200). R 10711 Resolution No. 10711 (2016 Series) Page 5 19. The maximum posted occupant load for each space shall not be exceeded at any time. This permit is strictly limited to allow only the occupant load for the premises as approved by the City of San Luis Obispo Fire Department. Occupant loads approved by the City of San Luis Obispo Fire Department shall be posted at all times. 20. This Use Permit shall be reviewed at a Planning Commission 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 Use Permit, or of City ordinances or regulations applicable to the property or the operation of the business, has occurred. At the time of the Use Permit review, to insure on-going compatibility of the uses on the project site, conditions of approval may be added, deleted, modified, or the Use Permit may be revoked. 21. Upon a significant change to the business as identified in the applicant’s project description, final security plan, and Staff Report dated May 3, 2016 the Use Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification of the Use Permit is necessary. 22. No structure, landscaping, apparatus, or other feature, whether temporary or permanent in nature shall constitute an obstruction to air navigation or a hazard to air navigation, as defined by the ALUP. 23. Any use is prohibited that may entail characteristics which would potentially interfere with the takeoff, landing, or maneuvering of aircraft at the Airport, including: • creation of electrical interference with navigation signals or radio communication • between the aircraft and airport; • lighting which is difficult to distinguish from airport lighting; • glare in the eyes of pilots using the airport; • uses which attract birds and create bird strike hazards; • uses which produce visually significant quantities of smoke; and • uses which entail a risk of physical injury to operators or passengers of aircraft (e.g., exterior laser light demonstrations or shows). 24. Avigation easements will be recorded for each property developed within the area included in the proposed local action prior to the issuance of any building permit or conditional use permit. 25. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive full and accurate disclosure concerning the noise, safety, or overflight impacts associated with airport operations prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. R 10711 Resolution No. 10711 (2016 Series) Page 6 26. This use permit for a Night Club use at 855 Aerovista Place shall not be effective until the effective date of Ordinance No. 1629 (2016 Series) amending Title 17 of the City’s Zoning Code conditionally permitting Night Club land uses within the Business Park zone of the Airport Area Specific Plan Area. Transportation Department 27. Due to peak hour congestion levels along the Broad Street Corridor events shall not be permitted Friday before the hours of 7:30 p.m. Building Department 28. The project requires a building permit for change of use and/or occupancy. Additional requirements will be included when an application for that building permit is submitted for review. Fire Department 29. The building permit submitted for the change of use and/or occupancy shall show occupancy load calculations for nightclub/music use and for other proposed uses of the building room(s) use based on 5, 7, and 15 square feet per occupant. Occupancy load calculations shall be submitted by a state-licensed architect. 30. The applicant shall submit a written safety policy/plan for maintaining the maximum occupant load in the assembly areas of the building (to avoid overcrowding) for any nightclub/music use. 31. The building permit submitted for the change of use and/or occupancy shall clarify if this mezzanine is proposed for a B occupancy or an Assembly occupancy (mezzanine on east side of building specifies an Assembly occupancy with only one stairway). 32. Any/all changes to the current/proposed building plans shall be in compliance with the 2013 California Building Code, including any required occupancy separations. SECTION 4. Environmental Determination. The City Council has considered the proposed Mitigated Negative Declaration of Environmental Impact (“MND”) together with all comments received during the public review period, and, on the basis of the whole record before it, hereby finds that (1) potentially significant environmental effects were identified but mitigation measures to be included avoid or reduce the effects to a point where clearly no significant effect on the environmental would occur; (2) there is no substantial evidence that the project will have a significant effect on the environment; and (3) the MND reflects the City of San Luis Obispo’s independent judgment and analysis. Based on the foregoing, the Council hereby adopts the proposed MND with incorporation of the following mitigation measures and monitoring programs: R 10711 Resolution No. 10711 (2016 Series) Page 9 EXHIBIT A Table 4.3 – Allowed Uses Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table) Land Use Zoning District PF C-S M BP RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES Bar/tavern D D D1 Club, lodge, private meeting hall D Commercial recreation facility - Indoor PC PC D Commercial recreation facility – Outdoor PC PC Fitness/health facility A A A1 Night club D PC3,9 Park, playground D Public assembly facility PC PC Religious facility8 D D2 School – Specialized education/training8 A A D Sports and active recreation facility PC PC PC Sports and entertainment assembly facility PC PC Land Use Zoning District PF C-S M BP RESIDENTIAL USES Caretaker quarters7 A A A D R 10711 Resolution No. 10711 (2016 Series) Page 10 EXHIBIT A Numbered Notes to Table 4.3: 1. These activities are considered secondary uses for business parks. Within a development project site, their combined floor area shall not exceed 25 percent of the total floor area. Some are also subject to limits on individual floor area, as shown in the body of the table. Floor area limitations shall not apply to bank headquarters. 2. Use permit review shall consider that the C-S zone is primarily intended to accommodate uses not generally suited to other commercial zones because of noise, truck traffic, visual impacts and similar factors. A use permit may be approved only when the church will not likely cause unreasonable compatibility problems with existing or likely future service commercial uses in the vicinity. Use permit conditions may include measures to mitigate incompatibility. 3. In the C-S zone, nightclubs must contain a minimum of four thousand five hundred square feet of floor area. In the BP zone, no minimum floor area is required for nightclubs. The required use permit process for both the C-S and BP zones shall address parking, neighborhood compatibility and security issues. 4. In order to approve a Medical Service use in the C-S or BP zones, the Hearing Officer must make the following findings: a) The proposed medical service is compatible with surrounding land uses. b) The proposed medical service is located along a street designated as an arterial or commercial collector in the Circulation Element and has convenient access to public transportation. c) The proposed medical service will not significantly increase traffic or create parking impacts in residential neighborhoods. d) The proposed medical service is consistent with the Airport Land Use Plan. e) The project will not preclude service commercial uses in areas especially suited for these uses when compared with medical services. f) The project site can accommodate the parking requirements of the proposed medical service and will not result in other lease spaces being under-utilized because of a lack of available parking. 5. Allowed by right only in the S-1c and S-2 aviation safety areas (as defined in the ALUP), where an employer provides on-site child care to 14 or fewer children for the exclusive benefit of employees. Larger facilities for employees may be approved by the Planning Commission, if allowed by the Airport Land Use Commission. 6. Broadcast studios are allowed by right except that an administrative use permit is required to permit any on-site antennas, dishes, or transmission towers; or any radio, microwave other type of airbound transmission from the project site or any other site within the Airport Area. 7. Caretakers quarters shall have a maximum floor area of 1,000 square feet and shall not be allowed in aviation safety area S-1a or the runway protection zone, as defined in the ALUP. 8. These uses are identified in the San Luis Obispo County Regional Airport Land Use Plan as noise-sensitive, specific sound-attenuation requirements may apply. Refer to the ALUP for more information. 9. Nightclub uses proposed in the BP zone shall meet the standards and requirements of the Airport Land Use Plan, and shall be referred to the Airport Land Use Commission for a determination of consistency with the Airport Land Use Plan. All tall structures shall be reviewed by the Air Traffic Division of the FAA regional office having jurisdiction over San Luis Obispo County to determine compliance with the provisions of FAR Part 77. In addition, applicable construction activities must be reported via FAA Form 7460-1 at least 30 days before proposed construction or application for building permit. R 10711