CITY OF PITTSBURG PLANNING COMMISSION STAFF REPORT. ORIGINATED BY: Pittsburg Scavengers, 540 Garcia Avenue, Suite C, Pittsburg, CA

Transcription

1 CITY OF PITTSBURG PLANNING COMMISSION STAFF REPORT ITEM: Scavengers Motorcycle Club, AP (UP). ORIGINATED BY: Pittsburg Scavengers, 540 Garcia Avenue, Suite C, Pittsburg, CA SUBJECT: This is a public hearing on a request for approval of a use permit to establish a Scavengers Motorcycle Club lodge and meeting facility in an existing light industrial multi-tenant building located at 540 Garcia Avenue, Suite C, in the PD (Planned Development, Ordinance No ) District. Assessor s Parcel No RECOMMENDATION: Staff recommends that the Commission adopt Resolution No. 9978, approving Use Permit Application No , subject to conditions. BACKGROUND: In February 2013, the Pittsburg Police Department obtained a flier advertising a party at the Scavengers Motorcycle Club (Scavengers MC) at 540 Garcia Avenue on April 19, Pittsburg Police officers visited the site and spoke to the property owner who confirmed that the unit was leased to the Scavengers MC. Following that meeting, on April 2, 2013, City staff sent a Notice of Violation to the property owner and the Scavengers MC notifying them that establishment of a club house in the subject location was subject to use permit approval and that any activities associated with the Scavengers MC should cease. The planned April 19, 2013, party was not held at the subject location; however, the Scavengers MC continued to operate on a private basis for members and guests at the location. On February 11, 2014, City staff sent a second Notice of Violation to the property owner and the Scavengers MC. In response, on February 24, 2014, the Scavengers MC submitted Use Permit Application No The Scavengers MC has continued to utilize the location on a private basis for members and guests, and to staff s knowledge, no parties or events have been held at the location. PROJECT DESCRIPTION: Existing Conditions: The proposed project site is located in the Aquamatic Fire Protection building (constructed in 2005) at 540 Garcia Avenue; Aquamatic Fire Protection operates out of Suite F of the building. The building is located on the south side of Garcia, and the nearest major arterial is Harbor Street (east of the site). The Page 1 of 6

2 building is a two-story, 23,600 square foot concrete tilt-up that contains six tenant spaces. The proposed tenant space (Unit C, located at the middle of the building) is approximately 2,280 square feet and is divided into approximately 470 square feet of office space, a bathroom, and approximately 1,330 square feet of warehouse space (main club area). The warehouse space contains an approximately 16 square foot stage, a long counter and a meeting table. The main entrance to the tenant space is from the parking lot, located on the eastern portion of the site. There are also roll-up truck doors for each tenant space on the western elevation of the building. The parking lot contains 49 standard sized parking spaces and is accessed through a single driveway located at the northeastern corner of the site. A covered trash enclosure is located at the southwestern corner of the parking lot. Site landscaping is composed of a perimeter planting strip that runs around eastern, western and southern borders of the site, and there is a landscaped yard at the northern portion of the site near the entrance to the parking lot. Tenants within the multi-tenant light industrial building include the Aquamatic Fire Protection Company and Royal Services (contractors), Smog Express and Espinoza Auto Experts. Surrounding light industrial uses include a machine shop, Comcast Cable, Biozone Laboratories, Ramar Foods, and various contractors. Proposed Project: Pursuant to Pittsburg Municipal Code (PMC) section (B), Club/Lodge is defined as a meeting, recreational, or social facility of a private or nonprofit organization primarily for use by members or guests. The Pittsburg Scavengers propose to operate a club/lodge for the Pittsburg Scavengers MC members and guests. The Pittsburg Scavengers would use the space for weekly meetings, as a members lounge and for special events (described in further detail below), and would not rent out the space or open it up for third-party use. Currently, there are about 30 members that pay membership dues to cover operational costs of the organization, and all members must be a minimum of 21 years old. According to the applicant, there are no other Scavengers MC groups that would utilize the clubhouse. There are no site or interior tenant improvements proposed with this application. Weekly meetings/members lounge: Members of the Scavengers MC would utilize the space for twice weekly meetings from about 6:00 p.m. to 9:00 p.m. All members would be provided a key to the clubhouse and have after-hours access for socializing outside of organized meetings and events. Members may bring guests to the clubhouse and are required to accompany the guest at all times. There would no on-site commercial sales of food or alcohol; however, members might bring food and alcohol for personal consumption. There would be no provision of live entertainment or music in conjunction with the proposed clubhouse. Open Houses: The Pittsburg Scavengers estimate hosting an open house event for friends and family once a month at the proposed site. The events would occur on Page 2 of 6

3 weekends with general hours late afternoon/early evening (until about 7:00 p.m.). Activities would include socializing, watching television, playing pool and listening to music. No amplified or live entertainment, music or sound, and no food or alcoholic beverage sales would occur in conjunction with open houses; however, individuals might bring food and alcoholic beverages for personal consumption. The events would not be advertised, would not open to the public, and attendees would not be charged an admission fee. Charitable Fundraisers: The Pittsburg Scavengers estimate hosting up to three charitable fundraisers per year at the proposed site with an estimated attendance up to 75 people per event. The fundraisers would be open and advertised to the public. Attendees would park in the parking lot and along Garcia Avenue where parking is permitted on both sides of the street. Donations would be accepted at the event, and all funds would be earmarked for charitable organizations. The events would occur on weekends with hours in the late afternoon/early evening (until about 6:00 p.m.). Activities would include socializing, playing pool, raffles for prizes, and amplified music. No food or alcoholic beverage sales would occur in conjunction with open houses; however, individuals might bring food and alcoholic beverages for personal consumption. Rally Point for Off-site Riding: The proposed space would be a meeting point/end point for rallies, which are off-site group rides for Pittsburg Scavengers members and guests. They are not advertised and are not open to the public. While members may return to the clubhouse after a rally ride, rallies would not be a formal event. People would not be charged admission for participation; there would be no live entertainment or music; and, no food or alcoholic beverage sales would occur in conjunction with rallies. GENERAL PLAN/CODE COMPLIANCE: General Plan/Specific Plan: The project site has a General Plan land use designation of Mixed Use, which is generally intended to allow for greater flexibility of land uses around and accessible by transit. The property is located within the boundaries of the Transit Village sub-area of the Railroad Avenue Specific Plan, where high density residential, mixed use development and commercial uses are encouraged to generate transit riders for the future ebart Station. Zoning: The property is located in the Railroad Avenue Specific Plan PD-1319 (Planned Development, Ord ) District. Allowable uses within the Business Commercial Specific Plan land use designation are the same as those within the base IP (Industrial Park) District, where clubs/lodges are permitted with approval of a use permit. Parking: Pursuant to Pittsburg Municipal Code (PMC) section , Schedule A, the parking requirement for a Club/Lodge is one off-street parking stall per 50 square feet of floor area used for assembly purposes. According to the proposed floor plan, the Page 3 of 6

4 assembly area is listed at approximately 1,330 square feet; this square footage results in a requirement for 27 parking stalls, which is approximately half of the parking provided on the site (total of 49 parking stalls). According to PMC section (E)(2) related to Joint Use of Parking Facilities, fewer spaces may be permitted where adjoining uses have different hours of operation and the same parking spaces can serve both without conflict. According to the Project Description (see above), the proposed clubhouse would generally operate on evenings and weekends outside of the typical operating hours of the surrounding businesses. Further, the property owner submitted a letter dated April 2, 2014, authorizing the Scavengers MC to utilize all offstreet parking spaces during the evenings and weekends; thus, the Joint Use provisions of the PMC would apply in this case. Pursuant to PMC section , there shall be permanent, fixed bicycle racks provided on-site wherever off-street parking spaces are required. At 27 required stalls, the applicant must ensure that there is adequate bicycle parking for a minimum of six bicycles on the site. Required Findings: In accordance with PMC section , a use permit may be granted only if the Planning Commission can make findings that the project: A. is in accord with the objective of PMC Title 18 (Zoning), the purposes of the land use district in which it is located and is appropriate to the specific location; B. is not detrimental to the health, safety, and general welfare of the City; C. will not adversely affect the orderly development of property within the City; D. will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the City; E. is consistent with the objectives, policies, general land uses and programs identified in the General Plan and any applicable specific plan; F. will not create a nuisance or enforcement problem within the neighborhood; G. will not encourage marginal development within the neighborhood; H. will not create a demand for public services within the City beyond that of the ability of the City to meet in the light of taxation and spending constraints imposed by law; and, I. is consistent with the City s approved funding priorities. Environmental: The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1, Existing Facilities, of the CEQA Guidelines, section Page 4 of 6

5 Public Notice: On or prior to August 15, 2014, notice of the August 26, 2014, public hearing to consider this application was posted at City Hall, near the proposed project site, and on the Public Notices section of the city s website; was delivered for posting at the Pittsburg Library; and was mailed via first class or electronic mail to the applicant, to the property owner, to owners of property located within 300 feet of the proposed project site, to local service agencies expected to provide services to the business, and to individuals who had previously filed written request for such notice, in accordance with PMC section and Government Code section On August 26, 2014, at the request of the applicant, the Planning Commission chair announced that the public hearing on this application was continued to the Commission s regular meeting of September 9, ANALYSIS: Staff believes that the Commission can make the required findings to approve the proposed Scavengers MC use permit provided that several operational conditions of approval are adopted to reduce the potential for the proposed use to create a nuisance or enforcement problem. The following analysis will provide support for the findings set forth in PMC section The proposed club/lodge use is a conditionally permitted use in the PD-1319 District, and it is not inconsistent with the objectives and purposes of the Business Commercial Specific Plan land use designation. The specific location is appropriate for the proposed club/lodge, and its establishment would not adversely affect orderly development within the City in that the club would be located within a large unfinished warehouse space with a large parking lot that is adequately sized to accommodate the group assembly use. Further, the club/lodge operations would primarily occur during the evenings and weekends when surrounding commercial and light industrial businesses are closed, allowing for shared parking opportunities. The project proponent is not proposing to alter the exterior of the building or the site; however, staff is recommending that the applicant install bicycle racks for a minimum of six bicycles on the site in order to bring the site into conformance with current code requirements (Condition of Approval No. 3 of proposed Planning Commission Resolution No. 9978). According to the Scavengers MC application materials, the clubhouse would serve as a meeting space and lodge for current members and as a site for open house and fundraising parties for members, members families and friends as well as the general public on certain occasions (see Project Description above). To ensure that the project is not detrimental to the health, safety and general welfare of the City; does not adversely affect the preservation of property values; does not create a demand for public services; and, does not result in a nuisance, staff recommends that the Commission adopt strict conditions of approval related to operation of the club/lodge. Staff recommends that the Commission adopt conditions for the proposed club/lodge to: require clubhouse closure no later than 11:30 p.m. (Condition No. 4); not allow third Page 5 of 6

6 party/public rentals of the space and to limit commercial advertisement of all events except for fundraising events as defined in the Project Description (Condition Nos. 5 and 6); prohibit other businesses or activities at the site including adult entertainment and sales of alcohol or food (Condition Nos. 7 and 15); notify the Police Department about charitable fundraisers that will be advertised to the public, and to do so a minimum of two weeks before the planned event to ensure that all permit requirements are satisfied (Condition Nos. 8); ensure that there is no loitering or public consumption of alcohol attributed to members or guests of members (Condition Nos. 10, 11, 13 and 14); and install cameras to aid in the investigation of any criminal incidents at the site (Condition No. 12). Staff also recommends that the Commission adopt conditions of approval to ensure that the applicant obtains Contra Costa County Fire Protection District (CCCFPD) approval of the proposed change of use within 90 days of the date of use permit approval, and to install any building improvements required by the fire district and pursuant to building code for the change of use (Condition Nos. 16, 17 and 18) to ensure safety of club members and guests. Staff believes that the Commission can make the findings to approve the proposed club/lodge use provided that the Commission adopts all of the recommended conditions of approval and the Scavengers MC adheres to those conditions. Use or operation of the site and/or tenant space in a manner that is inconsistent with the Project Description and the conditions of approval shall be grounds for modification and/or revocation of the proposed use permit (Condition No. 2). ACTION REQUIRED: Move to adopt Resolution No approving Use Permit Application No , subject to conditions. ATTACHMENTS: 1. Proposed Resolution No Project Plans 3. Joint Use Parking Letter from Wes Bookout (property owner), April 2, Notice of Public Hearing 5. Aerial/Vicinity Map Prepared by: Leigha Schmidt, Associate Planner Page 6 of 6