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HomeMy WebLinkAboutPC-1013-17 (APPL-1135-2017 -- 583 Marsh) RESOLUTION NO. PC-1013-17 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION DENYING AN APPEAL OF THE ADMINISTRATIVE HEARING OFFICER'S DECISION TO APPROVE A USE PERMIT FOR AN ESCAPE ROOM BUSINESS, CLASSIFIED AS A COMMERCIAL RECREATION FACILITY — INDOOR, WITH CONDITIONS LIMITING HOURS OF OPERATION AND REQUIRING A REVIEW OF THE USE PERMIT SIX MONTHS AFTER OCCUPANCY OF THE BUSINESS, IN THE DOWNTOWN COMMERCIAL ZONE WITH A MIXED USE OVERLAY, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED DECEMBER 20, 2017 (583 MARCH STREET APPL-ll35-2017) 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 October 9, 2017, pursuant to a proceeding instituted under USE-1024-2017, BCR Developments, applicant; and WHEREAS, On October 19, 2017, Javad Sani, as the owner of the subject property, 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 December 20, 2017, pursuant to a proceeding instituted under APPL-1135-2017, Javad Sani, � appellant; 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 does hereby deny an appeal (APPL- 1135-2017) of the Administrative Hearing Officer's decision, thereby granting final approval to the project(USE-1024-2017), 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 the use will be entirely inside an existing building and will meet all code requirements. 2. The proposed use is consistent with Land Use Element goal #27 for the City to serve as the County's hub for entertainment and cultural services, and Land Use Element policies (4.1, Resolution No. PC-1013-17 583 Marsh Street,APPL-1135-2017 Page 2 4.3,and 4.8)that call for the Downtown to be the location of entertainment facilities including nighttime entertainment. 3. The proposed use is consistent with the Zoning Regulations, Chapter 17.42, which states that the C-D zone is intended to provide for a wide range of retail sales, services, and entertainment uses. 4. As conditioned, the proposed use will not negatively impact the residential uses in the development because the business will have operating hours of 8:00 a.m.to 8:00 p.m., Sunday through Thursday, and 8:00 to 10:00 p.m. Friday and Saturday, and noise levels created by the use during business hours will 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 CEQA Guidelines, because the project consists of the permitting and minor alterations of an existing private structure. SECTION 3. Action. The Planning Commission hereby grants final approval to the project with incorporation of the following conditions: Planning Division 1. A building plan check submittal for tenant improvements that incorporates the following conditions of approval, shall be submitted for review and approval of the Community Development Department. A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all conditions of project approval. Reference shall be made in the margin of listed items as to where in plans requirements are addressed. 2. Business hours shall be between 8 a.m. and 8 p.m. Sunday through Thursday, and between 8 � a.m. and 10 p.m. Friday and Saturday. 3. To further reduce the likelihood of noise negativ�ly impacting surrounding residential units, customers entering and exiting the business shall be monitored by staff for compliance with noise restrictions. 4. The security door that exits into the residential entryway shall be removed or permanently secured to ensure that access by customers or employees to the residential corridor is not possible. 5. This Use Permit shall be reviewed by the Administrative Hearing Officer 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, 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 Use Permit review, to insure on-going compatibility of the uses Resolution No. PC-1013-17 583 Marsh Street,APPL-1135-2017 Page 3 on the project site, conditions of approval may be added, deleted,modified, or the Use Permit may be revoked. Indemnification 6. The Owner/Applicant shall defend, indemnify and hold harmless the City or its agents or officers and employees from any claim, action or proceeding against the City or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, the City's approval of this proj ect. In the event that the City fails to promptly notify the Owner/Applicant of any such claim, action or proceeding, or that the City fails to cooperate fully in the defense of said claim, this condition shall thereafter be of no further force or effect. On motion by Commissioner Fowler, seconded by Commissioner Osterbur, and on the following roll call vote: AYES:Commissioners Bisheff, Dandekar, Osterbur, Vice-Chair Fowler, and Chair Stevenson NOES: Commissioner Malak REFRAIN: None ABSENT: None The foregoing resolution was passed and adopted this 20th day of December 2017. T ler Core ' ' , I ri al Planner Y Y �