The future of newly opened HellBent Custom Motorcycles in San Juan Bautista will come down to a city council vote on Nov. 18, while the shop's owner and officials differ over what's causing the problem.
While the city manager stressed that it's a "strictly a zoning issue," the shop's owner contended that the consideration comes in light of unwarranted complaints.
The council will vote whether to grant a conditional use permit to keep the shop open. HellBent was issued a business license for motorcycle sales and service in June, but City Planner Matthew Sundt said the business was "inadvertently handed out a license" incorrectly.
When HellBent put in its application with the city, the planner was off and the woman who took their application moved ahead without consulting the planner, issuing the license, said City Manager Steve Julian. He said the issue was "not squarely addressed" and questions would have been asked if the city planner was present.
The issue, though, became more complicated after a review of the city code, which does not have motorcycles listed as one of the 81 land uses. Although there are only 81 listed uses, Sundt said that there can be more uses added, but in order for a category to be added to the list, a business must first obtain a conditional use permit. At the last planning commission meeting, HellBent's owner Ray Shott's application was denied. His last course of action is bringing it before the city council, and he also has a petition in his shop to show interest in keeping his shop open.
Shott received complaints from residents about bikes blocking the sidewalk and excessive noise after being open for three months. Shott denies these claims.
"Code enforcement came out and did their investigation and found out we weren't making excessive noise," he said. "What the people were complaining about was motorcycles in the street on a public highway."
He added that his shop is under regulations that prohibit him from making loud noises for more than one hour per day. As for blocking the sidewalk, Shott said that a sheriff's deputy came out to his shop and saw no blocking of the sidewalk.
Interim City Manager Steve Julian heard the first complaint about motorcycles being run at night - he said that Shott was loading bikes onto a trailer to go to a competition with his bike team. While noting that most of the complaints have been in regard to noise, Julian said: "Some people love motorcycles ... Some people don't like motorcycles."
Shortly after receiving these complaints and realizing the business license issued was done in error, the city came and requested that he apply for a conditional use permit. The rationale behind him having to apply for the permit is because he was in a mixed-use zone rather than industrial.
This is "principally a zoning issue," said Julian.
But Shott said he also has been accused of drawing a "bad element" into the community, which he adamantly denies.
"The guys that ride our bikes are good people."
He noted how his shop has also done charitable for San Juan and beyond.
"We do stuff for charities ... we assist in that stuff. We've done lots of benefits to help out the community, to help out other communities. We're actually more welcomed in other communities than here."
He also said that the city is following the correct process in submitting HellBent documentation.
"It's not exactly the same thing, but if you're in a house and you're not paying the mortgage on time ... they can't just throw you out, they have to give you notice," Julian said.
Colin McConville Colin McConville is a reporter with the Hollister Free Lance. You can reach him by email or at (831) 637-5566.
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