 |
AGENDA ITEM REVIEW FORM |
6.C.
Regular City Council Meeting
- Meeting Date:
- 02/12/2020
- Department Head:
- Jose A. Guzman
- Submitted By:
- Jose A. Guzman, Director of Planning & Zoning, Planning & Zoning Department
Action Requested:
Motion
Public Hearing
Public Hearing
ITEM:
Public hearing followed by discussion and possible action on any and all matters regarding Conditional Use Permit Case No. 2019-0770. A request by Sebastian and Aurora G. Peña, owners, for a conditional use permit to allow outdoor live entertainment on property located at 780 N. Cesar Chavez Street, San Luis, Arizona. (Jose A. Guzman, Director of Planning and Zoning)
A. Open public hearing
C. Action on Conditional Use Permit Case No. 2019-0770
A. Open public hearing
1. Staff presentation
2. Call to the Public on this item
B. Close public hearingC. Action on Conditional Use Permit Case No. 2019-0770
SUMMARY:
The purpose of this request is to allow outdoor live entertainment on property located at 780 N. Cesar Chavez Street. The property is zoned as Neighborhood Commercial (C-1), Assessor Parcel ID No. 775-38-124. The Conditional Use Permit is required as per Zoning Ordinance codified as City Code §152.106(C)3.
The adjacent properties to the east and south are zoned as Neighborhood Commercial (C-1) and are currently used as single-family residences. Property to the west is zoned as Community Commercial (C-2) and is also used as a residence. The property to the north is zoned as Neighborhood Commercial (C-1) and is currently a seafood restaurant.
The reason for the request is to allow social events such as weddings, quinceañeras, birthday parties and other types of celebrations with outdoor live music and entertainment.
CITIZEN REVIEW MEETING:
The Citizen Review Meeting was held on January 7, 2020, at City Hall Council Chambers at 6:00 pm. The intent of this meeting was to allow the public to learn about the project, ask questions, and express any comments. There were no people from the public present.
GENERAL PLAN:
This area is designated as Activity Center in the City of San Luis 2020 General Plan. The Activity Center Land Use Designation is intended to include a mixture of residential, commercial, office and other employment uses. The property is zoned as Neighborhood Commercial (C-1); the zoning and the proposed use are appropriate in the Activity Center designation.
AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies. We have received only one comment from the San Luis Fire Department (1-8-20).
As required by State Statute, staff sent notification letters to property owners within 300-feet of the proposed project (42 properties). The city has not received any other significant concerns or objections from the various review agencies or adjacent property owners.
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission held a public hearing regarding this item during their regular meeting of January 14, 2020. There was a neighbor present and expressed her concern regarding the loud noise complaints she had before when this business was in place by other owners. It was explained that with the conditional use, we can add conditions such as hours of operation. Staff presented the items and mentioned that there were still some concerns pending regarding this case and recommended approval of the request with the condition that the applicant addressed all staff concerns before presenting this item to City Council.
STAFF RECOMMENDATION:
The applicant has provided the information and materials necessary for review of the Conditional Use Permit.
The Conditional Use Permit is to allow outdoor live entertainment at 780 N. Cesar Chavez Street; a property zoned Neighborhood Commercial (C-1).
Staff recommends approval of Conditional Use Permit Case No. 2019-0770 subject to the following conditions:
The adjacent properties to the east and south are zoned as Neighborhood Commercial (C-1) and are currently used as single-family residences. Property to the west is zoned as Community Commercial (C-2) and is also used as a residence. The property to the north is zoned as Neighborhood Commercial (C-1) and is currently a seafood restaurant.
The reason for the request is to allow social events such as weddings, quinceañeras, birthday parties and other types of celebrations with outdoor live music and entertainment.
CITIZEN REVIEW MEETING:
The Citizen Review Meeting was held on January 7, 2020, at City Hall Council Chambers at 6:00 pm. The intent of this meeting was to allow the public to learn about the project, ask questions, and express any comments. There were no people from the public present.
GENERAL PLAN:
This area is designated as Activity Center in the City of San Luis 2020 General Plan. The Activity Center Land Use Designation is intended to include a mixture of residential, commercial, office and other employment uses. The property is zoned as Neighborhood Commercial (C-1); the zoning and the proposed use are appropriate in the Activity Center designation.
AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies. We have received only one comment from the San Luis Fire Department (1-8-20).
As required by State Statute, staff sent notification letters to property owners within 300-feet of the proposed project (42 properties). The city has not received any other significant concerns or objections from the various review agencies or adjacent property owners.
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission held a public hearing regarding this item during their regular meeting of January 14, 2020. There was a neighbor present and expressed her concern regarding the loud noise complaints she had before when this business was in place by other owners. It was explained that with the conditional use, we can add conditions such as hours of operation. Staff presented the items and mentioned that there were still some concerns pending regarding this case and recommended approval of the request with the condition that the applicant addressed all staff concerns before presenting this item to City Council.
STAFF RECOMMENDATION:
The applicant has provided the information and materials necessary for review of the Conditional Use Permit.
The Conditional Use Permit is to allow outdoor live entertainment at 780 N. Cesar Chavez Street; a property zoned Neighborhood Commercial (C-1).
Staff recommends approval of Conditional Use Permit Case No. 2019-0770 subject to the following conditions:
- Conditional Use will be valid for 1 year. After the year, the applicant will resubmit the application, and staff will review any complaints during the said time frame.
- Hours of operations shall be as follows:
- Sunday through Thursday until 9 p.m. (21 Hours Military Time)
- Friday until 12:00 a.m. (midnight, 24 Hours Military Time)
- Saturday until 12:00 a.m. (midnight, 24 Hours Military Time)
- Owner will remove existing shipping container from property before starting operations.
- Owner will provide notarized letter from other property owners to provide the necessary parking spaces.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE CONDITIONAL USE PERMIT CASE NO. 2019-0770 WITH THE CONDITIONS AS PRESENTED BY STAFF.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- N/A
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
N/A