HomeMy WebLinkAboutR-10876 Uphold Appeal of the Planning Commission decision - Escape Room Business condition limiting hours of operation - 583 Marsh StRESOLUTION NO. 10876 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, UPHOLDING AN APPEAL OF THE PLANNING
COMMISSION'S DECISION TO APPROVE A USE PERMIT FOR AN
ESCAPE ROOM BUSINESS, CLASSIFIED AS A COMMERCIAL
RECREATION FACILITY — INDOOR, WITH A CONDITION LIMITING
HOURS OF OPERATION, IN THE DOWNTOWN COMMERCIAL ZONE
WITH A MIXED USE OVERLAY, AS REPRESENTED IN THE STAFF
REPORT AND ATTACHMENTS DATED MARCH 20, 2018 (583 MARCH
STREET APPL-1324-2018)
WHEREAS, on October 9, 2017, the Administrative Hearing Officer of the City of San
Luis Obispo approved an Administrative Use Permit at a public hearing in the Council Hearing
Room of City Hall, 990 Palm Street, San Luis Obispo, California, 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, on December 20, 2017, the Planning Commission of the City of San Luis
Obispo adopted Resolution PC -1013-17, denying in part and upholding in part an appeal of the
Administrative Hearing Officer's decision at a public hearing in the Council Chamber of City Hall,
990 Palm Street, San Luis Obispo, California, pursuant to a proceeding instituted under APPL-
1135-2017, Javad Sani, appellant; and
WHEREAS, On January 2, 2018, BCR Developments, the applicant, filed an appeal of
the Planning Commission's action; and
WHEREAS, On March 20, 2018, the City Council of the City of San Luis Obispo
conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis
Obispo, California, pursuant to a proceeding instituted under the appeal of the Planning
Commission's decision APPL-1324-2018, BCR Developments, applicant/appellant; and
WHEREAS, the City Council 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, and
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. 10876 (2018 Series)
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SECTION 1. Findings. Based upon all the evidence, the City Council makes 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, 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 9:00 p.m.,
Sunday through Thursday, and 8:00 to 11:00 p.m. Friday and Saturday.
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 City Council does hereby grant 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 8:00 a.m. and 9:00 p.m. Sunday through Thursday, and
between 8:00 a.m. and 11:00 p.m. Friday and Saturday.
3. As part of the building permit application submittal, the applicant shall provide a
professional noise study, including recommendations for noise isolating tenant
improvements, to assure that noise levels associated with project activities are maintained
at or below 45 db as measured at the interior of any residential space or across the
residential property lines. Recommended tenant improvements shall be shown on the
project plans and constructed prior to occupancy, to the approval of the Community
Development Director.
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4. No amplified sound beyond an ambient level shall be included in the operation of the
business.
5. 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
limited, to the approval of the City Fire Marshal.
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 project. 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.
Upon motion of Vice Mayor Christianson, seconded by Council Member Gomez, and on the
following roll call vote:
AYES: Council Members Gomez and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: Council Member Pease
ABSENT: None
The foregoing resolution was adopted this 201h day of March 2018.
ATTEST:
'J P
Teresa Purrington,
Acting City Clerk
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Resolution No. 10876 (2018 Series)
APPROVED AS TO FORM:
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this V 6 day of'( ; 1 201$`
\-wZ10-
Teresa Purrington,
Acting City Clerk
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