31A - CUP - 1002 E 17TH ST - Laserfiche WebLink

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CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 4 The surrounding community has been experiencing the negative impacts of the banquet hall, which has operated without permits since at least 2011. These impacts, including life safety concerns, noise, insufficient parking, economic impacts, and congestion, are detailed in the following subsections. If the CUP and variance applications are approved, these negative impacts at the project site and in the surrounding community will continue. CUP No. 2016 -13 (Banquet Facility Use Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community; that the proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; that the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area; that the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use; and that the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. Because all of these findings cannot be made for the subject application, staff recommends denial of the CUP application, Staff is unable to make all the necessary findings to support the banquet facility due to adverse impacts to the adjacent single - family neighborhood, the significant building upgrades that are necessary to permit the facility to address noncompliance with health and safety codes, and insufficient parking. Location of the Proposed Facilit The banquet facility is located in a multi -unit shopping center that is located in close proximity to a residential neighborhood. High- impact land uses such as banquet halls generate a multitude of negative impacts to the surrounding community, including noise, traffic, and parking impacts when located in areas with insufficient parking, perimeter walls, and setbacks. The site on which the facility is proposed was developed with a commercial building built with a five - foot setback from the adjacent residences. A five -foot setback between the commercial building and adjacent residences is insufficient to provide an adequate buffer between a high - impact land use such as a banquet hall and sensitive land uses such as single - family homes, especially in the event of an emergency at the site. Moreover, the perimeter block wall separating the commercial building from the residences is less than five feet in height. This low wall cannot adequately block the noise generated by the banquet hall and does not afford the surrounding single - family homes adequate privacy when individuals congregate outside the building near the homes. 31A-6