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HomeMy WebLinkAboutBackground ReportBACKGROUND REPORT The project site is an approximately 81,000 square -foot lot developed with a 42,640 square -foot motorcycle sales facility (Sweetwater Harley Davidson) that has a roughly 7,300 square -foot roof deck atop the showroom building. The property has 99 on -site parking spaces (43 automobile spaces and 56 motorcycle spaces) and is located in the Light Industrial (IL) zone. The site is also located within the Coastal Zone overlay. Sweetwater Harley Davidson is open 7 days a week and employs 38 people. Since the construction of the facility, Sweetwater Harley Davidson has conducted numerous events at this location. All events have typically been approved on a temporary basis utilizing the Temporary Use Permit (TUP) process. The recent Land Use Code Update is not active in the Coastal Zone. This is due to the fact that the necessary changes in the City's Local Coastal Plan have not been approved by the Coastal Commission. Therefore, the City's previous zoning would generally apply. In this case, the zone would have been ML-CZ (Light Manufacturing — Coastal Zone) — essentially the same zone. The applicant is proposing to use the Sweetwater Harley Davidson building, including the showroom, parking lot, and roof deck for public assembly uses, including banquets, parties, and car shows on a more permanent basis, rather than obtain a TUP every time. Not only are multiple TUPs more expensive for the applicant, a constantly reoccurring `temporary' event does not meet the spirit and intent of a temporary use. As part of this CUP, the applicant is also proposing to operate a tattoo studio in an existing office located in the sales floor area. The studio would be accessible through an independent door leading only to the studio. The area would be accessible via a door in the south wall of the sales area. Public Assembly uses are permitted in the IL zone with the issuance of a Conditional Use Permit (CUP). This type of use was considered a `banquet facility' under the previous Land Use Code and also required a CUP. Typical concerns with public assembly include parking, noise, and building occupancy. The building was constructed in 2006 and included the roof deck that was approved for an assembly use. As noted above, the facility has conducted numerous events since its opening. Events are typically geared towards parties or organized gatherings, and often incorporate fundraising activities for local charities. The events often draw crowds in the hundreds. The roof deck has a maximum occupancy of 300 people and is approved for assembly use. This maximum will not change. The showroom has a maximum occupancy of 587 people and is not approved for assembly use (mercantile use only). In order to allow assembly in this area, a change of occupancy permit is required. Conditions of Approval from the Building Division address this requirement. Even when changed the maximum occupancy of the showroom would remain at 587. The on -site parking requirement for public assembly use is generally 1 space per 35 square feet of seating area. The total area requested to be part of the project, including the showroom floor and roof deck, is over 20,000 square feet, which would require in excess of 700 parking spaces. However, given that there is no real seating area and most of the showroom (17,000 square feet) is dedicated to motorcycles and retail items, the actual assembly area would be significantly less. Furthermore, the only difference between an event and a busy sales day (with regard to the number of people) would be the type of occupancy (mercantile vs. assembly). Therefore, it could be foreseeable that the maximum occupancy could be attained under normal circumstances. In addition to the 99 on -site parking spaces, there is ample area off -site for street parking of vehicles, especially for motorcycles, which require much less space to park than automobiles. Furthermore, most area businesses are not open in the evening and on weekends, when most events take place. Conditions of Approval are included that regulate occupancy, access to the site, security, and emergency egress/ingress. Both the Fire Department and Building Division provided multiple comments, all of which have been incorporated as Conditions of Approval. Under the previous Land Use Code, a `tattoo parlor' was allowed under Use Group 19 — Goods and Services Other. This use group was allowed by right in the ML zone; however, the applicant has voluntarily included the tattoo use in their CUP application. The current Land Use Code regulates tattoo businesses as follows: • Shall not be located within one -mile of another such establishment. • Shall be located no less than 1,000 feet from a church, school, or playground. • Shall be no closer than 250 feet from a residential zone. • Shall not be located east of Interstate 805. • A CUP is required for all tattoo and body -piercing establishments. All of the above requirements are met with regard to Sweetwater Harley Davidson. Tattoo parlors are further regulated by Chapter 9.54 of the National City Municipal Code. This section refers to the San Diego County Code of Regulatory Ordinances (Department of Health) as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile tattoo vehicles within the City. Condition No. 29 requires compliance with these regulations. Concerns with tattoo shops usually focus on community character, particularly in cases of concentration of such uses. However, there is currently only one other tattoo shop in the City, which is located in Westfield Plaza Bonita. In addition, the tattoo studio would be located within an existing building in an industrial area and not visible from the exterior. In addition to those mentioned above, Conditions of Approval have been included that require compliance with all Municipal Code requirements related to tattoos; and no sale, consumption, or distribution of alcohol without either modifying this CUP or obtaining necessary Alcoholic Beverage Control (ABC) daily permits (for catered events). Staff also requested calls for service data from the Police Department. There were only 3 calls for service related to parties or music since January 2007. To address potential noise or disturbance issues, condition no. 28 requires that any sound -producing equipment used for events (especially on the roof deck) be oriented away from the nearest residential area (over a quarter -mile away) and that all requirements of Title 12 of the Municipal Code related to Noise be observed. The proposed use of the property as a public assembly facility is consistent with the Land Use Code with the approval of a Conditional Use Permit. The potential impacts are minimal given the remote location, since the site is within an existing building or in an area designed and used as such, and parking is available on -site and on adjacent city streets. Furthermore, the lot is surrounded by industrial uses and is near the intersection of two freeways. Likewise, a tattoo use is consistent with a motorcycle dealership, in that (according to the applicant) many patrons of this Harley Davidson dealership have and/or may be interested in tattoos. Operating a tattoo studio will allow the business to expand its offerings, thus adding to their profitability.