HomeMy WebLinkAboutPC-1011-19 (MOD-0610-2019 -- 1234 Broad Street)RESOLUTION NO. PC-1011-19
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING A MODIFICATION TO AN EXISTING BAR TAVERN USE
PERMIT TO INCLUDE LIVE ENTERTAINMENT AND EXTEND HOURS
OF OPERATION BY ONE HOUR (12 AM AT THE LATEST), THE
APPLICATION INCLUDES AN EXPANSION ON THE TYPES OF
ALCOHOL SERVICES INCLUDING SPIRITS (HARD LIQUOR) FOR
THE RESTAURANT. THE PROJECT IS CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW AS REPRESENTED IN THE
PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS
DATED OCTOBER 23, 2019 (1234 BROAD STREET, MOD-0610-2019)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
January 14, 2015, and approved the use permit on a vote of 6:0; pursuant to a proceeding instituted
under USE-0406-2014, Eric Newton, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
October 23, 2019, pursuant to a proceeding instituted under MOD-0610-2014, Libertine Brewing
Company, applicant; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Planning Commission does
hereby approve the modifications to the existing Minor Use Permit (MOD-0610-2019), which
modifies and supersedes the previously approved Bar/Tavern Use Permit (USE-0406-2014), based
on the following findings:
1. As conditioned, the project is consistent with the Zoning Regulations and the 2012 Alcohol
Outlet Regulations in place to reduce public safety problems associated with alcoholic
beverage sales and provide for properly maintained alcohol outlets so that negative impacts
generated by these activities are not harmful to the surrounding environment.
2. As conditioned, the use will not result in adverse effects to the general health, safety, and
welfare of people living or working in the vicinity because conditions of the use permit
approval have been adopted that will minimize potential disturbances as well as impacts to
police resources and the community.
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3. As conditioned, the use will not result in jeopardizing or endangering the public health or
safety of persons residing or working in the surrounding area because the application is
consistent with the existing bar/tavern use that involves a negligible expansion of use to
include small scale live entertainment and late night hours of operation beyond existing
conditions.
4. As conditioned, the use will not result in violations to any applicable provision of any other
City, State, or Federal regulation, ordinance or statute because conditions of the use permit
have been established to regulate the operational characteristics to be consistent with existing
City, State and Federal regulations.
5. The use is compatible with and will not adversely affect the livability or appropriate
development of abutting properties and the surrounding neighborhood because conditions of
the use permit approval have been adopted that will minimize potential impacts such as noise
consistent with the limitations established under the City's Noise Ordinance.
6. The proposed project is consistent with the General Plan, which designates the project site as
Downtown Commercial (C-D) and General Plan Land Use Element Policy 4.3, Entertainment
and Cultural Facilities, which states that "...Entertainment facilities, such as nightclubs and
private theaters, should be in the downtown..."
7. The proposed project is consistent with the General Plan policy to locate, at the street level,
restaurants, stores, and other uses benefiting from and contributing to pedestrian traffic (LUE
4.20.1).
8. The proposed use is consistent with Land Use Element Society and Economy Goal #27 to
serve as the County's hub for entertainment and cultural services.
SECTION 2. Environmental Review. The project is categorically exempt under Class 1,
Existing Facilities; Section 15301 of the State California Environmental Quality Act (CEQA)
Guidelines, because the project consists of the modification of hours of operation for businesses
within an existing building located within an urbanized area that involves a negligible expansion
of use to include small scale live entertainment and late night hours of operation beyond existing
conditions where noise levels are not permitted to exceed thresholds established by the City's
Noise Ordinance, and will not have a significant effect on the environment.
SECTION 3. Action. The project conditions of approval do not include mandatory code
requirements. Code compliance will be verified during the plan check process, which may include
additional requirements applicable to the project. The Planning Commission does hereby approve
the modifications to the existing Minor Use Permit (MOD-0610-2019), which modifies and
supersedes the previously approved Bar/Tavern Use Permit (USE-0406-2014), based on the
following conditions:
1. This Minor Use Permit shall be subsequently reviewed at a public Administrative Hearing if
the City receives substantiated written complaints from any citizen, Code Enforcement
Officer, or Police Department employee, which includes information and/or evidence
supporting a conclusion that a violation of this Minor Use Permit, or of City ordinances or
regulations or Police Department resources (calls for service) applicable to the property or the
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operation of the business, has occurred. At the time of the review, to ensure on -going
compatibility of the uses on the project site, conditions of approval may be added, deleted, or
modified, or the Director's Action Permit may be revoked.
2. The Minor Use Permit shall be reviewed by the Community Development Director for
compliance with conditions of approval, or to determine whether a modification of the permit
is necessary upon significant change to the businesses as represented in the applicant's
submitted project application materials, or in the event of a change in ownership which may
result in deviation from the project description or approved plans.
3. The hours of operation shall be restricted to 10:00 AM to 11:00 PM (Sunday through
Wednesday), and 10:00 AM to 12:00 AM (Thursday through Saturday) for all commercial
activity. The hours of operation for all outdoor food services shall operate no earlier than
10:00 AM and shall not remain open later than 10:00 PM, daily.
4. Full food service shall be available at all times alcohol is served. The restaurant shall have
full meals and restaurant service available during all hours of operation, consistent with the
approved hours of operation for the proposed use.
5. Entertainment shall be located only in the areas specified on floor plans as represented in the
applicant's submitted project application materials and the staff report dated October 23,
2019. Live entertainment, above the level that is compliant with the City's definition of
ambient entertainment, shall be limited to two nights a week, and shall consist of a small scale
act such as a solo/duo performers which provides background music for the restaurant,
between the hours of 6:00 PM to 11:00 PM between Thursday through Saturday evenings, and
for which no cover fee or ticket is required.
6. Live or amplified entertainment shall not be allowed in any outdoor areas (i.e. Broad Street
sidewalk dining). Acoustic or background music, consistent with the City's definition of
ambient entertainment, is allowed in outdoor areas from 8:00 AM to 10:00 PM.
7. Tables, chairs, and the general floor plan layout shall remain consistent with approved plans
and may not be removed or modified for late night operation or special events unless approved
by the Community Development Director in advance, or if approved by separate permit.
8. The applicant shall make affirmative efforts to minimize the potential for adverse noise and
crowd impacts on adjacent establishments and nearby residences, including, but not limited
to, ensuring that all windows and doors are closed during live or amplified entertainment and
no later than 10:00 PM, nightly.
9. The applicant shall submit a site plan/floor plan detailing the locations and duties of security
staff and shall note regular maintenance/patrol of any patron lines (i.e. queue), to the
satisfaction of the Community Development Department and Police Department. The security
Plan shall include;
a. A detailed explanation to determine compliance with the City Noise Ordinance
during and at the conclusion of a musical event
b. A detailed explanation of how maximum occupant load limits will be maintained.
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c: A detailed explanation of how concert patrons will exit the building to Chorro Street
at the conclusion of a musical event.
10. In the infrequent event that a patron queue is needed, the applicant shall manage/patrol
outdoor crowds and queuing as a result of this use. An orderly line of patrons awaiting entry
that does not block public access on, or use of, the sidewalk or street shall be maintained. The
patron queue shall start at the Broad Street main entrance and continue north along Broad
Street (away from Pacific Street).
11. The site shall be maintained in a neat and orderly manner at all times. The applicant shall also
be responsible for daily cleanup/maintenance of the adjacent public right-of-way.
12. This use permit is approved for ABC alcohol license designation "Eating Place" consistent
with a restaurant use, and may not be exchanged for the "Public Premises" license type
(Bar/Tavern).
13. Lease spaces fronting Pacific Street that include alcohol services such as wine tasting, or other
alcohol uses, shall be subject to the provisions under the Zoning Regulations which requires
separate use permits for tasting room type uses (Bar/Tavern), and shall be evaluated
independently regarding operational characteristics and parking requirements.
a. Any expansion of the restaurant/brewery use within the separate lease spaces along
Pacific Street shall be evaluated for parking requirements and may be subject to
additional Parking In -lieu Fees.
14. The applicant shall not permit its patrons to leave the licensed premises with any alcoholic
beverage or to consume alcoholic beverages on any property adjacent to the licensed premises
under the control of the licensee(s).
15. To address complaints and minimize the need for police response to minor issues, an owner
or manager shall be on premises at all times, and shall be available to be contacted by a City
representative and/or adjacent property owner or tenant. The applicant shall provide a security
plan and regularly update contact information to the City's Police, Fire, and Community
Development Departments and adjacent property owners and tenants, or any interested
members of the public.
16. The applicant is responsible at all times for verifying the legal age of patrons, for monitoring
patrons' on -site alcohol consumption, and for declining to serve alcohol to patrons who
demonstrate signs of intoxication or impairment associated with alcohol consumption, based
on training provided to all staff.
17. All employees that will be handling and/or serving alcoholic beverages to customers shall
attend and complete the California Alcohol Beverage Control's (ABC) "Licensee Education
on Alcohol and Drugs" (L.E.A.D) and receive Certification prior to serving customers.
L.E.A.D. Certifications shall be maintained on -site by the business owner and be made
available upon request by the Police Chief. Other equivalent training be approved by the
Police Chief.
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18. The applicant shall be responsible for on -going security/safety training to accommodate
changes in personnel.
19. The applicant shall maintain and operate a video recording system that records activity at all
entrances and exits during all business hours. The video shall be of a quality suitable for later
identification of customers and staff. It will be recorded in a manner that may be retrieved and
provided to police immediately upon demand. Video data shall be retained for a minimum of
72 hours or as otherwise required by law.
20. Business shall be conducted in a manner that will not violate any provisions of the California
Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minors (§25658),
maintaining the public health, morals, convenience, and safety (§25601); and taking
reasonable steps to correct any objectionable conditions on the premises and immediately
adjacent to the premises (§24200).
21. The maximum posted occupant load for each space shall not be exceeded at any time. This
permit is strictly limited to allow only the occupant load for the premises as approved by the
City of San Luis Obispo Fire Department. Occupant loads approved by the City of San Luis
Obispo Fire Department shall be posted at all times.
Indemnification
22. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers,
and employees from any claim, action, or proceeding against the City and/or its agents,
officers, or employees to attack, set aside, void, or annul the approval by the City of this
project, and all actions relating thereto, including but not limited to environmental review
("Indemnified Claims"). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim, and City shall fully cooperate in the
defense against an Indemnified Claim.
Upon motion of Commissioner Quincey, seconded by Commissioner McKenzie, and on
the following roll call vote:
AYES: Commissioners Jorgensen, Kahn, McKenzie, Quincey, Stevenson, Vice -
Chair Dandekar
NOES: None
ABSENT: Chair Wulkan
RECUSED: None
The foregoing resolution was adopted this 23d day of October 2019.
Tyler Cv Secretary
Planning Commission