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HomeMy WebLinkAboutPC-1009-17 (USE-0879-2017 -- 3428 Bullock Lane)RESOLUTION NO. PC -1009-17 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: 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. Resolution No. PC -1009-17 USE -0879-2017 (3428 Bullock Lane) Page 2 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. All exterior lighting shall be compliant with Zoning Regulations Ch. 17.23: Night Sky Preservation. 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 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 and manufacturing 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. Resolution No. PC -1009-17 USE -0879-2017 (3428 Bullock Lane) Page 3 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 Dandekar, seconded by Commissioner Mann, and on the following roll call vote: AYES: Commissioners Bisheff, Mann, Malak, Osterbur, Dandekar, Vice -Chair Fowler, and Chair Stevenson. NOES: None REFRAIN: None ABSENT: None The foregoing resolution was passed and adopted this 27th day of September, 2017. Doug '-'Davidson, Secretary Planning Commission