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HomeMy WebLinkAboutItem 6a. Review of an Appeal of 'The Hub' Minor Use Permit at 1701 Monterey St. (USE-0103-2022, APPL-0262-2022) Item 6a Department: Community Development Cost Center: 4003 For Agenda of: 9/20/2022 Placement: Public Hearing Estimated Time: 75 minutes FROM: Michael Codron, Community Development Director Prepared By: Hannah Hanh, Associate Planner SUBJECT: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A MINOR USE PERMIT TO ESTABLISH A MULTI-VENDOR FACILITY, “THE HUB”, AT 1701 MONTEREY STREET (USE-0103-2022, APPL-0262-2022) RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal and upholding the Planning Commission’s decision to approve a Minor Use Permit to establish a multi -vendor facility that includes a bar/tavern, restaurant, commercial recreation, general retail, indoor live entertainment, and food trucks. The project includes a parking reduction request and is categorically exempt from environmental review.” REPORT-IN-BRIEF Monterey Street Brewing, LLC applied for a Minor Use Permit (USE -0103-2022) to establish a multi-vendor facility that includes a bar/tavern, restaurant, commercial recreation, general retail, indoor live entertainment, and food trucks at 1701 Monterey Street. The project also includes a parking reduction request to replace six (6) required parking spaces with 30 bicycle spaces. The project is a collaboration between eight (8) local businesses to establish “The Hub,” where patrons living in or visiting the City can enjoy an integrated eating, drinking, and recreational experience. Proposed uses include a variety of all-day food service options, alcohol tastings, recreational activities on a rotational basis, and occasional indoor live entertainment. The project would operate within an existing development that was previously utilized for indoor and outdoor home furnishings (formerly occupied by Daylight Home & Gardens). On May 11, 2022, the Planning Commission reviewed the request for a Minor Use Permit by Monterey Street Brewing, LLC. After considering all evidence, including the application, staff’s evaluation and recommendation, and public testimony, the Planning Commission conditionally approved the project, subject to modified findings and conditions of approval (Planning Commission Resolution No. PC-1058-2022). Page 97 of 146 Item 6a On May 19, 2022, Hana Novak filed a timely appeal (APPL-0262-2022) of the Planning Commission’s approval (Attachment B). The appellant identified four (4) appeal issues, including the project’s consistency with Ordinance No. 1651 (2018 Series) and potential impacts related to lighting, noise, and traffic on the adjacent residences and creek, which are discussed in this report. DISCUSSION Project Description Monterey Street Brewing, LLC (Applicant) applied for a Minor Use Permit to establish a multi-vendor facility that includes a bar/tavern, restaurant, commercial recreation, general retail, indoor live entertainment, and food trucks at 1701 Monterey Street (Attachment C). The project also includes a parking reduction request to replace six (6) required parking spaces with 30 bicycle spaces. The project is a collaboration between eight (8) local businesses, including Central Coast Brewing, KROBAR Craft Distillery, Nautical Bean Coffee, Art’s Cyclery, What the Truck Mobile Cuisine, Lone Oak Seltzer, SLO Axe, and Whalebird Kombucha. These businesses are proposing to collaborate and establish “The Hub,” where patrons living in or visiting the City can enjoy an integrated eating, drinking, and recreational experience. The project was designed to offer a variety of all-day food service options, alcohol tastings, recreational activities on a rotational basis, and occasional indoor live entertainment. Proposed uses would operate within the following days and times: 1. Bar/tavern (i.e., brewery, distillery, and winery): 8:00 a.m. – 11:00 p.m. daily 2. Restaurant: 6:00 a.m. – 11:00 p.m. daily 3. General retail (i.e., art galleries, baked goods, bicycle sales and rentals): 8:00 a.m. – 9:00 p.m. daily 4. Commercial recreation (e.g., axe throwing, board games, chess/checkers, cornhole, ping pong, pickleball, ring toss, etc.): 11:00 a.m. – 10:00 p.m. daily 5. Indoor live entertainment: 1:00 p.m. – 8:00 p.m. on Thursdays through Sundays 6. Food trucks: 11:00 a.m. – 10:00 p.m. daily The project would use approximately 1.41 acres, which include an existing building, fenced outdoor areas, and parking, on a 3.56 -acre site. The project does not include construction of a new building or additional building square footage. Proposed operations would utilize an existing 12,180 square foot building and approximately 12,306 square feet of cumulative fenced outdoor areas (formerly occupied by Daylight Home & Gardens). Other uses on the site include vehicle repair services (The Dent Shop) and restaurant (Gino’s Pizza) in separate buildings (1741 & 1761 Monterey Street) that are not part of this project. The project site is primarily located in the Tourist Commercial with Special Considerations Overlay Zone (C-T-S) and partially located in the Conservation Open Space Zone (C/OS) due to the San Luis Obispo Creek that runs along the rear of the property. All proposed uses and associated improvements would occur outside of the C/OS zone. Page 98 of 146 Item 6a Policy Context The project would advance Community Goal No. 14, Policy 8.2.2, and Program 3.15, outlined in the Land Use Element of the General Plan, by retaining and/or accommodating the expansion of existing food service and recreational businesses to an area designated for Tourist Commercial uses and revitalizing development in the Upper Monterey Area. Additionally, Economic Recovery was prioritized as a Major City Goal in the 2021-23 Financial Plan and 2021-23 Adopted Financial Plan Supplement, and resulting implementation strategies that include initiatives for local business support were identified to support members of the community and local economy. As proposed, the project would be consistent with this Major City Goal by facilitating new locations for eight (8) local businesses, including those to be displaced by a proposed mixed-use development, and utilizing an existing major vacancy within the Tourist Commercial designation and Upper Monterey Area. Background On February 7, 1989, the City Council adopted Ordinance No. 1130 (1989 Series), which amended the zoning map from C-T to C-T-S for properties on the south side of Monterey Street between 1603 and 2223 and expanded the C/OS zone along San Luis Creek between Monterey Street and San Luis Drive. T he Special Considerations Overlay (S) was designated over these properties due to land use compatibility concerns for the surrounding area, particularly between commercial and residential land uses adjacent to San Luis Creek. As such, adoption of Ordinance No. 1130 also established Design Criteria for any new development or use or expansion of any existing development or use within the C-T-S zone to ensure compatibility with neighboring residences and San Luis Creek. On August 21, 2018, the City Council considered an amendment to the preceding ordinance and adopted Ordinance No. 1651 (2018 Series), which modified the Design Criteria and superseded Ordinance No. 1130. Proposed uses for the project would typically be allowed or conditionally allowed in the C-T zone per Table 2-1 (Uses Allowed by Zone) of the Zoning Regulations, as follows: Allowed: restaurant and commercial recreation (e.g., axe throwing, board games, chess/checkers, cornhole, ping pong, pickleball, ring toss, etc.). Allowed with Minor Use Permit approval: bar/tavern (i.e., tasting areas and accessory onsite alcohol production), general retail (e.g., art gallery, bicycle sales, etc.), live entertainment, and food trucks. While proposed uses are either allowed or conditionally allowed with a Minor Use Permit that is reviewed and determined by the Community Development Director, Desi gn Criterion No. 18 in Section 3 (Land Use and Design Criteria) of Ordinance No. 1651 requires that any new proposal be subject to (1) a use permit approved by the Planning Commission and (2) findings of consistency with the Design Criteria detailed in Section 3. Page 99 of 146 Item 6a On May 11, 2022, the Planning Commission reviewed the Applicant’s request for a Minor Use Permit to establish the project (05/11/2022 PC Staff Report). After considering all evidence, including the application, staff’s evaluation and recommendation, and public testimony1, the Planning Commission conditionally approved the project, subject to modified findings and conditions of approval on a 5 -1-1 vote for consistency with the General Plan, Zoning Regulations, and Ordinance No. 1651 (PC Resolution No. PC- 1058-2022, Minutes). On May 19, 2022, Hana Novak (Appellant) filed a timely appeal of the Planning Commission’s decision to approve the project, stating concerns regarding the project’s consistency with Ordinance No. 1651 and potential impacts related to noise, traffic, and lighting on the adjacent residences and creek (Attachment B). Appeal The Appeal Form and Statement presents four (4) issues, which are summarized and discussed below. Appeal Issue No. 1 – Ordinance No. 1651 (Special Considerations Overlay) The appeal states that the project does not conform to the purpose, intent, and provisions of Ordinance No. 1651. Staff Response As described in the “Background” section, the purpose of Ordinance No. 1651 is to establish a Special Considerations Overlay that is intended to address land use compatibility concerns between commercial and residential land uses adjacent to San Luis Creek. As part of its adoption, the Design Criteria, which includes provisions to address potential impacts related to (1) lighting and glare, (2) privacy, (3) noise, and (4) traffic, was established to ensure compatibility with neighboring residences and San Luis Creek. The Planning Commission evaluated the project on May 11, 2022, and found it to be consistent with the purpose, intent, and provisions of Ordinance No. 1651 as conditioned. The project utilizes an existing development and relevant design criteria was applied as part of the project evaluation. To address potential impacts related to privacy, the project would utilize an existing building and screened outdoor areas located a minimum of 180 feet away from the top of bank and approximately 250 feet away from the nearest residential property line . The project does not include construction of a new building or additional square footage that further approaches the rear property line or results in increased building height towards the adjacent creek and residences. 1 Agenda correspondence for the May 11, 2022 Planning Commission Hearing. Page 100 of 146 Item 6a Additionally, Condition No. 28 requires installation of a barrier at the rear of the site to block visibility of the parking area from the residential neighbors to the south for consistency with Design Criterion No. 32. As a result, the project would be consistent with Design Criterion No. 63 for privacy by addressing potential impacts through its design and implementation of Condition No. 28. Discussion regarding design and impacts related to lighting and glare, noise, and traffic are detailed in Staff Responses to Appeal Issues No. 2 – 4 below. Appeal Issue No. 2 – Noise The appeal states that the project does not adequately address potential impacts related to noise on the adjacent residences and San Luis Creek. Staff Response For consistency with Design Criterion No. 74, the project would operate within an existing building or enclosed outdoor areas that are located on the interior of the site and buffered by buildings (1701 and/or 1741 Monterey Street) and accessory structures onsite. Proposed uses would occur a minimum of 180 feet away from the top of bank and approximately 250 feet away from the nearest residential property line. Areas for commercial recreational use (i.e., social gatherings) would not be adjacent to, or abut, the creek. Therefore, the proposed indoor recreational area would not be located creekside, consistent with Design Criterion No. 155,6. Indoor uses include the proposed bar/tavern, restaurant, recreational activities, and live entertainment. The bar/tavern, restaurant, and recreational activities would operate at a noise level consistent with the City’s definition of ambient entertainment and in compliance with Chapter 9.12 (Noise Control) of the Municipal Code. To address potential noise impacts, live entertainment is conditioned to only be permitted indoors on limited days and hours with all doors and windows closed (Conditions No. 12 -15). 2 Screening shall be provided between the buildings and the creek which may include fencing, decorative walls, and landscaped berms, said screening shall at a minimum include restoration and enhancement of the creekside vegetation, and shall also be designed and built so as to block view corridors of the building visible from residential neighbors. 3 All new uses must be found by the Planning Commission to be compatible with the riparian habitat and adjacent residential uses, considering such variables as light and glare, privacy, noise, and traffic. In all cases, uses shall be adequately buffered from the creek and adjacent residences in a manner which mitigates potential offsite impacts. 4 Noise generating uses such as parking and active outdoor recreation uses, such as swimming pools, outdoor bars, and gathering areas shall be located on the interior of the site, using buildings as a buffer. 5 Any structure that functions primarily as a co nference or convention center shall not be allowed. Meeting and conference rooms ancillary to other approved uses are allowed. Rooms whose primary use is for social gatherings (ballrooms, etc.) shall not be located creekside. 6 During deliberation at the Planning Commission hearing, Commissioner Wulkan indicated that the project may be inconsistent with Design Criterion No. 15 because a building wall adjacent to the indoor recreational area would be creek-facing and suggested a potential floor plan revision for the purpose of relocating the indoor recreational area. After further discussion, the Planning Commission found the indoor recreational area consistent with Design Criterion No. 15 and approved the floor plan as proposed. Page 101 of 146 Item 6a Additionally, all doors and windows are conditioned to remain closed between the hours of 10:00 p.m. and 7:00 a.m. (Condition No. 10). Outdoor uses include proposed food, retail, and recreational activities (Attachment D). These uses are proposed within six (6) different areas, noted as Zones A through F (Attachment C – Project Plans, Sheet 6). Figure 1 provides an illustration of existing and proposed fencing that would enclose these outdoor areas. Figure 1 – Sheet 6 of Project Plans Zone A would be buffered by the project building and enclosed by new six-foot-high solid fencing (Condition No. 23). Zones B & C, located along Monterey Street, would be buffered by the project building and enclosed by an existing eight -foot-high glass wind screen and wrought iron fencing. Zones D & E would be buffered by an adjacent bu ilding (1741 Monterey Street) and enclosed by an existing eight -foot-high steel fencing. Zone F would only be utilized for food truck operation and does not include a seating area. As proposed, the outdoor activities are oriented towards Monterey Street or take place within an enclosed building or fenced areas located a minimum of 180 feet away from the creek (as identified by the C/OS zone). These outdoor uses do not include any amplified sounds or recordings (Condition No. 15), would cease by 10:00 p.m. nightly (Condition No. 11), and are subject to Section 9.12.060 (Exterior Noise Limits) of the Municipal Code. Page 102 of 146 Item 6a Therefore, the project would be consistent with Design Criterion No. 67 for noise by addressing potential impacts through its design, compliance with Chapter 9.12 (Noise Control), and implementation of Conditions No. 10-15 & 23. Appeal Issue No. 3 – Traffic The appeal states that the project does not adequately address potential impacts related to traffic on the adjacent residences. Staff Response As part of the entitlement review process, the Transportation Division reviewed and determined that the project would not generate a substantial increase in auto trips in comparison to the former retail use. Per the City’s Transportation Impact Study Guidelines, a Transportation Impact Study is required when a project is anticipated to generate 100 or more peak hour auto trips. Using trip generation data published by the Institute of Transportation Engineers (ITE), which is based on data averages collected from similar sites throughout the country, the project is anticipated to generate approximately 30 net new peak hour trips, including credits for previous uses at the site that were active within two (2) years of the project application. Since the 30 additional peak hour trips do not exceed the 100 peak hour trip threshold, the project would not result in significant traffic-related impacts and would be consistent with Design Criterion No. 6 for traffic. Appeal Issue No. 4 – Lighting The appeal states that the project does not adequately address potential impacts related to lighting on the adjacent residences and San Luis Creek. Staff Response For consistency with Design Criteria No. 48 and 6, Section 17.70.100 (Lighting and Night Sky Preservation) requires outdoor lighting fixtures be shielded and directed downward and away from adjacent properties and public rights-of-way to minimize light spillover and operated with the minimum intensity necessary for safety and security. As part of the building permit review, any proposed lighting improvements will be evaluated and verified for compliance with this preceding code section. 7 All new uses must be found by the Planning Commission to be compatible with the riparian habitat and adjacent residential uses, considering such variables as light and glare, privacy, noise , and traffic. In all cases, uses shall be adequately buffered from the creek and adjacent residences in a manner which mitigates potential offsite impacts. 8 Lighting between the buildings and the creek shall be limited in intensity and scale to the minimu m necessary for security and identification and shall be designed so as not to shine offsite. Page 103 of 146 Item 6a In addition, the project does not include the creation of new, or enlargement of existing, building entrances or openings that would result in additional light that shines towards the creek, consistent with the intent of Design Criterion No. 29. Lastly, Condition No. 28 requires installation of a barrier at the rear of the site to block visibility of the parking area from the residential neighbors across the creek to the south for consistency with Design Criterion No. 310. As such, potential impacts from lighting fixtures and vehicle headlights on the adjacent residences and creek would be addressed through compliance with Section 17.70.100 (Lighting and Night Sky Preservation) and implementation of Condition No. 28. Additional Correspondence On August 22, 2022, the Appellant submitted additional correspondence for the project. The correspondence details the Appellant’s concerns regarding potential noise impacts on the adjacent residential neighborhood and provides a supplementary letter prepared by 45 Acoustics, LLC that includes three (3) recommendations for the project. These project recommendations are summarized and discussed below: Recommendation No. 1 Construct solid noise barriers, such as stucco, CMU, or other masonry, around two (2) outdoor areas as shown in Figure 1 (Suggested Noise Barrier Wall Section Locations) of the letter by 45 Acoustics, LLC. Staff Response As discussed in the “Staff Response to Appeal Issue No. 2 (Noise)” section, the project has been designed and conditioned for compliance with Section 9.12.060 (Exterior Noise Limits) of the Municipal Code. The project would incorporate preferred mitigation techniques, detailed below, from the City’s Noise Guidebook to address potential noise impacts from the outdoor recreation areas and eliminate the need to construct noise barriers such as the recommended solid walls: a. Distance – Noise would be reduced by increasing the distance between the source and the receiver. As proposed, the outdoor recreational areas would occur a minimum of 180 feet away from the top of bank and approximately 250 feet away from the nearest residential property line. b. Location and Orientation – The placement of outdoor activity areas within portions of a site that are shielded by buildings would reduce noise impacts. As proposed, the outdoor recreational areas are located on the interior of the site and buffered by existing buildings (1701 and/or 1741 Monterey Street) and accessory structures onsite. 9 The number and size of building openings facing the creek shall be minimized. Windows shall be no larger than the minimum required by public safety. Glazing shall not reflect sunlight toward the creek nor allow internal lighting to shine toward the creek. Balconies and/ or attendant doors are prohibited. 10 Screening shall be provided between the buildings and the creek which may include fencing, decorative walls, and landscaped berms, said screening shall at a minimum include restoration and enhancement of the creekside vegetation, and shall also be designed and built so as to block view corridors of the building visible from residential neighbors. Page 104 of 146 Item 6a As such, potential noise impacts from the outdoor recreational areas would be addressed through (1) substantial distance between the nearest proposed outdoor recreational area and residential property line and (2) strategic placement of outdoor activities within areas that would be buffered by onsite buildings and accessory structures and eliminate the need for solid walls. If noise exceeds the permitted thresholds outlined in the City’s Noise Ordinance, the project shall be subject to code enforcement provisions detailed in Chapter 1.24 (Administrative Code Enforcement Procedures) of the Municipal Code. Additionally, construction of solid walls in areas shown in Figure 1 may be inconsistent with Section 6.1(B) (Fences and Walls) of the Community Design Guidelines because long, monotonous walls should be avoided and the design and placement of walls should instead relate well to the building and site topography. Recommendation No. 2 Prohibit amplified music in outdoor areas. Staff Response As indicated in the Planning Commission Resolution (No. PC-1058-2022) to approve the project, Condition No. 10 states that amplified sound is not permitted outdoors. In addition, Conditions No. 11-15 require outdoor activities cease by 10:00 p.m. nightly for consistency with Chapter 9.12 (Noise Control) and live or amplified entertainment be permitted in only the indoor recreation a rea on limited days and hours with all doors and windows closed. Therefore, this recommendation has been addressed through implementation of Conditions No. 10-15. Recommendation No. 3 Limit truck deliveries to and from the site to between the hours of 7:00 a.m. and 10:00 p.m. for the project. Staff Response Based on follow-up communication with staff, the Applicant is amenable to limiting truck deliveries for the project to between the hours of 7:00 a.m. and 10:00 p.m. Therefore, staff is recommending incorporation of the following new condition as part of the project approval: Condition No. 29: Truck deliveries to and from the site shall only occur between the hours of 7:00 a.m. and 10:00 p.m. for the project. This recommendation would be addressed through incorporation of new Condition No. 29. Subsequent conditions from the other departments and divisions have been renumbered accordingly. Page 105 of 146 Item 6a Public Engagement The project has been noticed in compliance with the City’s notification requirements for Development Projects for each public hearing associated with the project. Newspaper legal advertisements were posted in the New Times ten (10) days prior to the hearing. Additionally, postcards were sent to both owners and occupants of properties within 300 feet of the project site ten (10) days before the hearing. CONCURRENCE The project has been reviewed by the Building Division, Fire Department, Engineering Division, Transportation Division, and Utilities Department. Any conditions of approval from these departments and divisions have been included in the City Council Resolut ion related to the project approval. ENVIRONMENTAL REVIEW The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) described in Sections 15301 (Existing Facilities) and 15332 (In -Fill Development) of the CEQA Guidelines. The project is exempt under Section 15301 because it operates within an existing development with negligible expansion of the former retail use due to code requirements and conditions that address potential impacts related to traffic, noise, lighting, etc. to less than a significant level. The project is also exempt under Section 15332 because it is consistent with applicable General Plan policies and Zoning Regulations, is located on a site that is less than five acres in size (3.63 acres) surrounded by other urban uses (existing hotels/mot els, restaurant, service station, and vehicle repair services), and is not a habitat for endangered, rare, or threatened species because it is a developed urban site. Approval of the project will not result in any significant effects relating to (1) traffi c because the Traffic Division reviewed the project and determined that the proposed uses would not generate a number of trips that substantially exceeds trips associated with the former retail use (approximately 30 additional peak PM trips); (2) noise because proposed uses will occur within the project building and enclosed outdoor areas, which are buffered by existing buildings and accessory structures onsite. Proposed uses will occur a minimum of 180 feet away from the top of bank and approximately 250 feet away from the nearest residential property line to the south. The project shall comply with the noise thresholds outlined in the noise ordinance for the C-T zone, which are 60 dBA from 10 p.m. – 7:00 a.m. and 65 dBA from 7:00 a.m. – 10:00 p.m. To ensure ongoing compliance, Conditions No. 10–15 include limitations on indoor live entertainment and outdoor activities; (3) air quality because construction-related emissions associated with the project are temporary and limited to minor improvements to the project building and parking area. In addition, operation of the uses would not generate emissions that exceed thresholds outlined in the Climate Action Plan; or (4) water quality because the project is not proposing access to the creek. In addition, Condition No. 9 requires that any liquid discharge from the food trucks shall be contained and properly disposed of by the applicant. Lastly, the site is served by all required utilities and public services. Page 106 of 146 Item 6a FISCAL IMPACT Budgeted: No Budget Year: 2023 Funding Identified: No Fiscal Analysis Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $N/A $ $ $ State Federal Fees Other: Total $ $ $ $ Consideration by the City Council of an appeal of a decision made by the Planning Commission does not directly result in expenditure of funds and thus has no fiscal impact to the City. Staff resources committed to the review of appeals are included in the annual budget appropriation for the Community Development Department. ALTERNATIVES 1. Continue consideration of the application to a future date. The Council may continue its review of the project to a date certain hearing if additional time or information is needed to make a decision. If additional information is needed, direction should be provided to staff so that it can be presented at that subsequent hearing. The Council may direct staff and the applicant to make specific changes to the project. 2. Deny the project. The Council may uphold the appeal and adopt a resolution denying the project, based on findings of inconsistency with the California State Law, the City’s General Plan, Zoning Regulations, Ordinance 1651, or other policy documents. Should Council elect to pursue this alternative, the recommendation is to direct Staff to prepare a resolution based on findings. Staff would need specific direction on the nature of findings to support the denial. ATTACHMENTS A - Draft Resolution denying the Appeal and upholding the Planning Commission’s decision to approve the Minor Use Permit (APPL-0262-2022) B - Appeal Form and Statement (APPL-0262-2022) C - Project Plans (USE-0103-2022) D - Operational Overview (USE-0103-2022) Page 107 of 146 Page 108 of 146 R _______ RESOLUTION NO. ______ (2022 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION TO APPROVE A MINOR USE PERMIT TO ESTABLISH A MULTI-VENDOR FACILITY THAT INCLUDES A BAR/TAVERN, RESTAURANT, COMMERCIAL RECREATION, GENERAL RETAIL, INDOOR LIVE ENTERTAINMENT, AND FOOD TRUCKS. THE PROJECT INCLUDES A PARKING REDUCTION REQUEST AND IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW; AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED SEPTEMBER 6, 2022 (1701 MONTEREY STREET, APPL-0262-2022) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on May 11, 2022, pursuant to a proceeding instituted under Minor Use Permit, USE-0103-2022, Monterey Street Brewing Company, LLC, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo conditionally approved the Minor Use Permit, USE-0103-2022, after duly considering all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing; and WHEREAS, Hana Novak filed an appeal of the Planning Commission’s decision to approve the Minor Use Permit, APPL-0262-2022, on May 19, 2022; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing on September 20, 2022 for the purpose of considering the appeal of the Planning Commission’s decision to approve the Minor Use Permit, APPL-0262-2022, and has duly considered all evidence, including the record of the Planning Commission hearing, staff’s evaluation and recommendation, and public testimony presented at said hearing; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council hereby grants final approval to the project, based on the following findings: Page 109 of 146 Resolution No. ________ (2022 Series) Page 2 R ______ Minor Use Permit Findings 1. As conditioned, the proposed use s are consistent with the General Plan because the project would serve both short- and long-term visitors as intended by Policies 3.6.1 and 3.62 for the Tourist Commercial land use designation. The proposed multi-vendor facility includes complementary uses that provide amenities compatible with, and would not result in adverse impacts to, surrounding uses, which include hotels/motels, restaurants, vehicle repair services, residences, and the San Luis Obispo Creek. 2. The proposed uses are typically permitted or conditionally permitted within the Tourist Commercial zone and will comply with applicable provisions of these Zoning Regulations and the Municipal Code as conditioned. 3. The design, location, size, and operating characteristics of the proposed use s will be compatible with the existing and future land uses in the vicinity because the project operates in a building and within outdoor areas enclosed by solid fencing and/or buffered by existing buildings, provides complementary uses that serve patrons of nearby hotels/motels on upper Monterey Street, has adequate onsite parking, and complies with the Noise Ordinance. 4. The site is physically suitable in terms of (a) its design, location, size, and operating characteristics of the project, (b) traffic generation and the provision of public and emergency vehicle (e.g., fire and medical access), (c) public protection servic es, and (d) the provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). The project is located on and surrounded by other developed properties, has access to the City’s circulation system, and will be served by City utilities. The project does not include activities that generate service or utility demands beyond those anticipated with uses permitted in the vicinity. 5. The establishment and subsequent operation or conduct of the use will not, because of circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be de trimental or injurious to property or improvements in the vicinity of the use because the project is required to submit a building permit for the change in occupancy of the building and operate in compliance with the Noise Ordinance. Alcohol Outlets Findings 6. As conditioned, the Bar/Tavern use shall be consistent with the Zoning Regulations and 2012 Alcohol Outlet Regulations 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. The use shall operate in compliance with standards identified in Section 17.86.050(B) (Alcohol Outlet Operational Requirements) of the Zoning Regulations. Page 110 of 146 Resolution No. ________ (2022 Series) Page 3 R ______ 7. As conditioned, the Bar/Tavern use will not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area or jeopardize or endanger the public health or safety of persons residing or working in the surrounding area because the project is required to minimize noise and safety impacts as well as impacts to police resources and the community. The Use Permit may be modified, or revoked, in response to substantiated evidence of violation of the terms of this permit or other applicable City regulations or standards. 8. The Bar/Tavern use will not result in violations to any applicable provision of any other City, State, or Federal regulation, ordinance, or statute. Section 17.86.050(B) (Alcohol Outlet Operational Requirements) of the Zoning Regulations requires that the businesses be conducted in a manner that will not violate any provisions of the California Alcoholic Beverage Control Act. 9. 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 approval for the Use Permit limit hours of operation and require business operations to minimize potential noise impacts. Special Considerations Overlay Findings 10. The project complies with Ordinance 1651 and conforms with the purpose, intent, and provisions of the S Overlay because it has been designed or conditioned to address potential impacts related to lighting and glare, privacy, noise, and traffic on the adjacent residences and San Luis Obispo Creek. The project will comply with Section 17.70.100 (Lighting and Night Sky Preservation) and utilize light fixtures that minimize spillover, operate in an existing building and screened outdoor areas, is conditioned to comply with Noise Ordinance, and has adequate parking onsite to accommodate the use. 11. As conditioned, the project will operate in compliance with maximum interior and exterior noise limits as indicated in Chapter 9.12 (Noise Control) of the Municipal Code and minimize potential impacts related to noise exposure on the adjacent residences and San Luis Obispo Creek. Conditions of approval for the Use Permit limit operations for live entertainment to indoors only on specific days with limited hours. Additionally, outdoor food, retail, and recreational activities operate at a noise level consistent with the City’s definition of ambient entertainment, are located a minimum of 180 feet away, and will be enclosed by solid fencing and/or buffered by existing buildings. Page 111 of 146 Resolution No. ________ (2022 Series) Page 4 R ______ SECTION 2. Environmental Review. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) described in Sections 15301 (Existing Facilities) and 15332 (In-Fill Development) of the CEQA Guidelines. The project is exempt under Section 15301 b ecause it operates within an existing development with negligible expansion of the former retail use due to code requirements and conditions that address potential impacts related to traffic, noise, lighting, etc. to less than a significant level. The project is also exempt under Section 15332 because it is consistent with applicable General Plan policies and Zoning Regulations, is located on a site that is less than five acres in size (3.63 acres) surrounded by other urban uses (existing hotels/motels, restaurant, service station, and vehicle repair services), and is not a habitat for endangered, rare, or threatened species because it is a developed urban site. Approval of the project will not result in any significant effects relating to (1) traffic because the Traffic Division reviewed the project and determined that the proposed uses would not generate a number of trips that substantially exceeds trips associated with the former retail use (approximately 30 additional peak PM trips); (2) noise because pro posed uses will occur within the project building and enclosed outdoor areas, which are buffered by existing buildings and accessory structures onsite. Proposed uses will occur a minimum of 180 feet away from the top of bank and approximately 250 feet away from the nearest residential property line to the south. The project shall comply with the noise thresholds outlined in the noise ordinance for the C -T zone, which are 60 dBA from 10 p.m. – 7:00 a.m. and 65 dBA from 7:00 a.m. – 10:00 p.m. To ensure ongoing compliance, Conditions No. 10–15 include limitations on indoor live entertainment and outdoor activities; (3) air quality because construction-related emissions associated with the project are temporary and limited to minor improvements to the project bu ilding and parking area. In addition, operation of the uses would not generate emissions that exceed thresholds outlined in the Climate Action Plan; or (4) water quality because the project is not proposing access to the creek. In addition, Condition No. 9 requires that any liquid discharge from the food trucks shall be contained and properly disposed of by the applicant. Lastly, the site is served by all required utilities and public services. 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 City Council hereby grants final approval to the project with incorporation of the following conditions: Planning Division – Community Development Department 1. Plans submitted for a building permit shall be in substantial conformance with the submitted project description and plans and incorporate the following conditions of approval. A separate, full-sized sheet shall be included in the working drawings submitted for a building permit that lists all conditions of approval. Reference shall be made in the margin of listed items as to where the requirements are addressed in the plans. Page 112 of 146 Resolution No. ________ (2022 Series) Page 5 R ______ 2. The Use Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification to the Use Permit, is necessary upon significant change to the project as represented in the Staff Report dated September 20, 2022, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 3. This Use Permit shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department employee, which contains information and/or evidence supporting a conclusion that a violation of this Use Permit, or of City Ordinances, regulations, or Police Department resources (i.e., calls for service) applicable to operation of the business has occurred. At the time of the Use Permit review, to ensure on -going compatibility with nearby uses, conditions of approval may be added, modified, or removed, or the Use Permit may be revoked. 4. To address potential complaints and minimize the need for Police Department response to minor issues, an owner, manager, or designated representative shall be on the premises at all times and be available for contact by a City representative and/or adjacent property owner or tenant. The applicant shall provide and regularly update contact information to the City’s Police, Fire, and Community Development Departments. 5. The applicant shall be responsible for on-going security and safety training to accommodate changes in personnel. 6. The bar/tavern is not required to provide full menu service when alcohol is served. Food service shall instead be provided by the accompanying restaurant and food truck vendors. No alcohol may be served if no food service is provided. 7. The applicant is responsible at all times for verifying the legal age of patrons, for declining access to any person under the age of twenty-one (21) years old, 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 . 8. 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 not under the control of the licensee(s). 9. The premises shall be maintained in a clean and orderly manner at all times. Liquid discharge (e.g., water, grease, oil, etc.) from the food trucks onto or into City streets, storm drains, catch basins, sewer facilities, or creek is not permitted. Any discharge shall be contained and properly disposed of by the applicant. 10. Amplified sound is not permitted outdoors. All doors and windows shall remain closed between the hours of 10:00 p.m. and 7:00 a.m. Page 113 of 146 Resolution No. ________ (2022 Series) Page 6 R ______ 11. All outdoor activities, including the retail, recreational activities, and food trucks, shall cease by 10:00 p.m. nightly. 12. Live entertainment is only permitted in the indoor recreational area as shown on the floor plan represented in the submitted application materials and staff report dated May 11, 2022. Live entertainment shall only occur between the hours of 1:00 p.m. and 8:00 p.m. on Thursdays through Sundays. 13. Doors and windows shall remain closed at all times when live entertainment is occurring. 14. At all hours of operation outside the approved live entertainment hours of operation, entertainment shall maintain at an ambient level which is clearly incidental and allows for normal conversation levels, and for which no cover fee or ticket is required. 15. Live or amplified entertainment shall not be allowed in any outdoor areas . 16. 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. 17. Prior to building permit issuance, the applicant shall provide a security plan to include a site plan/floor plan detailing the locations and duties of staff and shall include the proposed patron routes and regular maintenance/patrol of these rou tes, to the satisfaction of the Community Development Director, Police Chief, and Fire Chief. 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 o f 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. This plan shall be reviewed and commented upon by the Police Department and Fire Department on an annual basis. 18. The maximum posted occupant load for each space shall not be exceeded at any time. This permit is strictly limited to allow only the occupa nt 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. 19. The property owner shall be responsible for maintaining and updating the current parking calculation for the project upon the submittal of Planning and Building permits for tenant changes or improvements, and/or each business license, to ensure the site does not become under-parked. 20. All surface parking spaces must be available for common use and not exclusively assigned to any individual use. Page 114 of 146 Resolution No. ________ (2022 Series) Page 7 R ______ 21. Plans submitted for a building permit shall clearly depict the location of all required short and long-term bicycle parking for all intended uses. Bicycle parking shall include the 30 additional bicycle spaces for the requested parking reduction. Plans shall show all areas designated for long-term bicycle parking such as bicycle lockers, interior spaces, or storage rooms. Short-term bicycle racks shall be consistent with the City Active Transportation Plan Design Guidelines and feature “hi-low style” campus racks (such as “Peak Racks”) or City-approved equivalent (inverted “U” rack designs shall not be permitted) and shall be installed in close proximity to, and visible from, the main entries into the buildings. Sufficient detail shall be provided about the placement and design of bike racks, lockers, and interior spaces to demonstrate compliance with relevant Engineering Standards and Community Design Guidelines, to the satisfaction of the Public Works and Community Development Directors. 22. The building permit submittal shall clearly indicate the location where food trucks will be parked and operated. Food trucks shall not park in an area that will impede into existing parking spaces or hinder maneuverability of the parking lot. 23. The building permit submittal shall include new six-foot-high solid fencing to enclose the outdoor recreational area labeled as Zone A on the project plans. Required fencing shall be of a material, finish, and color that is complementary to the existing development to the satisfaction of the Community Development Director. 24. Any new proposed signage shall be reviewed by the Planning Division to ensure appropriateness for the site and compliance with the Sign Regulations. Signage shall coordinate with building architecture and the type of land use. The Director may refer signage to the Architectural Review Commission for review if it is deemed excessive or out of character with the project. 25. The property owner shall enter into an open space agreement with the City to dedicate a portion of the commercial lot which lies within the C/OS zone as an open space easement. Prior to building permit issuance, the open space agreement shall be recorded in the office of the County Recorder. 26. Submit a line-of-sight analysis to confirm that the existing building is not visible from residential neighbors across the creek to the south. If it is visible, provide screening to restore and enhance the creekside vegetation. 27. Plans submitted for a building permit shall identify the location of commercial loading areas and hours of operation. 28. Provide a barrier at the rear of the site to block visibility of the parking area from residential neighbors across the creek to the south, to the satisfaction of the Community Development Director. 29. Truck deliveries to and from the site shall only occur between the hours of 7:00 a.m. and 10:00 p.m. for the project. Page 115 of 146 Resolution No. ________ (2022 Series) Page 8 R ______ Engineering Division – Community Development / Public Works Departments 30. The proposed parking lot alterations require a building permit. The site improvements may be included with a standard tenant improvement submittal or could be by a separate parking lot permit. 31. The proposed parking lot layout, striping, and circulation shall comply with the City Parking and Driveway Standards unless a design exception is specifically approved. 32. The building permit/parking lot plan submittal shall include an overall campus plan to show all existing buildings, utilities, parking, driveway approaches, circulation aisles, site improvements, frontage improvements, fencing, access restrictions, and all trash enclosure areas, etc. for reference. 33. The site plan shall show the proposed commercial truck circulation and delivery areas, mobile food vendor truck storage and staging, and customer parking and circulation for reference. The proposed circulation plan s shall be approved to the satisfaction of the Public Works and Community Development Departments. 34. The parking lot plan shall show the existing and/or proposed drainage systems for reference. The building plan submittal shall include a summary of any existing passive water quality treatment systems. A drainage system upgrade and/or Operation and Maintenance plan shall be included to ensure that a reasonable level of water quality treatment is provided prior to discharge to San Luis Creek. This item shall be reviewed and approved to the satisfaction of the Community Development and Utilities departments prior to building permit issuance. Utilities Department 35. If commercial uses in the project include food preparation, provisions for grease interceptors and FOG (fats, oils, and grease) storage within solid waste enclosure(s) shall be provided with the design upon submittal of the building permit. These commercial facilities shall also provide an area to wash floor mats, equipment, and trash cans. The wash area shall be inside, drained to the sanitary sewer, and an Industrial Wastewater Discharge Survey and Permit Application shall be submitted and permit obtained prior to issuance of occupancy permit. 36. In order to be reused, any existing sewer laterals proposed to serve the project must pass a video inspection, including repair or replacement, as part of the project. The CCTV inspection shall be submitted during the building permit review process to the Permit Technician in Community Development, Engineering Development Review for review and approval by the Utilities Department prior to issuance of a building permit. Existing laterals that are not proposed to be reused shall be abandoned at the City main consistent with City standards. 37. The construction plans for sewer and water services shall be in accordance with the engineering design standards in effect at the time the building permit is approved. Page 116 of 146 Resolution No. ________ (2022 Series) Page 9 R ______ 38. Trash enclosure(s) shall conform the requirements by the San Luis Garbage Company and refuse bins shall be sized to provide a reasonable level of service. Separate refuse bins shall be accommodated within the site for the three (3) waste streams, trash, recycling, and organics. Enclosures shall be shown on plans prior to issuance of a building permit. Fire Department 39. Fire sprinklers conforming to NFPA 13 Standards are required for change of use. Fire sprinkler riser shall be located in an interior riser room with exterior do or access. Backflow preventor and fire department connection shall be within 20 feet of Monterey right of way. 40. Exiting shall comply with Chapter 10 CBC for assembly occupancies. Required exiting from a public assembly space shall not pass through a storage area or S1 occupancy. Page 117 of 146 Resolution No. ________ (2022 Series) Page 10 R ______ Indemnification 41. 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 the City shall fully cooperate in the defense against an Indemnified Claim. On motion by Council Member ______, seconded by Council Member ______, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this ______ day of ___________ 2022. _________________________________ Mayor Erica A. Stewart ATTEST: _____________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California on ___________________. ___________________________ Teresa Purrington City Clerk Page 118 of 146 ATTACHMENT B Page 119 of 146 ATTACHMENT B Page 120 of 146 THE HUB1701 MONTEREY STREET | SAN LUIS OBISPO | CALIFORNIAMINOR USE PERMIT22.0414ATTACHMENT CPage 121 of 146 *PROJECT SITE1701 MONTEREYMONTEREY ST.GRA N D A V E.ANDREWS ST.TABLE OF CONTENTSProject Information + Table of ContentsProject DescriptionResponse Narrative to Ordinance 1651 [2018 Series]Parking RequirementsSite PlanOverall Floor PlansExterior ElevationsPAGE2345678-9VICINITY MAPSITE AERIAL1701 MONTEREY STPROJECT TEAMAPPLICANTMonterey Street Brewing Company, LLC6 Higuera StreetSan Luis Obispo, CA 93401ARCHITECT | REPRESENTATIVEBracket Architecture OfficePO Box 1810San Luis Obispo, CA 93406Bryan Ridley | br@bracketao.com | 805 704 0535PROPERTY OWNEREdwin Lawrence O’Reilly Family TrustDESIGN STATEMENTThe HUB on Monterey proposes new uses and interior alterations within an existing commercial building. The principal proposed use is a bar/tavern, including light manufacturing, commercial kitchen/commissary, warehouse, and indoor/outdoor recreation areas1. Existing on-site parking and recent site and landscape improvements will be retained.PROJECT DATAAddress 1701 Monterey StreetAPN 001-151-014Zoning C-T-S Tourist Commercial, Special ConsiderationAdjacent Zoning C-T [northwest] C-T-S [southwest + northeast] C-OS [southeast]Lot Area 155,014 square feet [3.56 acres]Partial Lot Leased Area 61,460 square feet [1.41 acres] Current Use Retail buildingProposed Use Bar/Tavern with associated Light ManufacturingGross Interior Building Area 1st floor 11,365 sf 2nd floor 815 sf total area 12,180 sf Lot Coverage 75% Allowed 46,095 square feet 19% Proposed 11,365 square feetBuilding Envelope Height 45’ max. Setbacks 10’ front 0’ interior side and rear Construction Type + Occupancy Type VB Current Occupancy Group M Proposed Occupancy Group A-2, A-3, F-1, S-1, S-2,B,M Nonseparated, S-1 Governs Sprinklered Yes2THE HUB ON MONTEREYBRACKET ARCHITECTURE OFFICE1701 MONTEREY ST | SAN LUIS OBISPO22.0414 | MINOR USE PERMITATTACHMENT CPage 122 of 146 hub[h b]NOUN1. the central part of a wheel, rotating on or with the axle, and from which the spokes radiate. synonyms: pivot · axis · center 2. the effective center of an activity, region, or network as in the financial hub of a country synonyms: center of activity · focal point The HUB A collaboration of 8 SLO city businesses in one, central location, designed to:1] elevate the artistic and active lifestyle community that has made SLO famous. 2] establish North Monterey Street as the destination for a thriving community atmosphere of curated events paired with excellent food & drinks; blending locals, students, and tourists alike. • Retail and commercial kitchen(s)• Food Truck and Mobile Food Vendor Rotation• Multiple dining options including late night food• Brewery (Production and Tasting)• Distillery (Production and Tasting)• Kombucha (Production and Tasting)• Winery (Production and Tasting)• Coffee and Baked Goods• Curated Art Gallery• Bicycle Sales, Rentals and Repairs• Live Music and Performing Arts• Dog and Family Friendly• Outdoor Pickle Ball/Cornhole/Axe Throwing/Outdoor Checkers• Indoor Bocce Ball/Ping Pong/Pool Tables• Outdoor BBQ Area• Local activity shuttle (Hiking/Bicycle Tours/Walking Tours)The Frame A day at the HUB looks like this:6:45 Coffee and muffin on the way to work or school.7:10 Healthy breakfast before a bicycle ride. A breakfast burrito with bacon is healthy, right?9:17 Check your social media or influencer status over a blended smoothie.10:45 Early lunch with friends. Go ahead, it’s ok to get fries with a salad.11:02 It’s Stroller Sunday and time check-in on neighborhood gossip.11:30 Grab something quick on your way to a ZOOM meeting.12:15 Hotel guests on their way out of town stops for lunch and some trinkets. 12:30 Grab a 4-Pack of craft beer for a barbecue at home. Why not get another 4-pack?12:45 Play a quick game of cornhole. Ironically, the street corn truck is serving today. Coincidence?1:42 Drop off you bicycle to get that flat tire fixed. Have a Kombucha while you wait.2:00 Late lunch, outside, and a little time in the sun on a beautiful day.2:19 Axe throwing really is all about proper foot setup. Noted!3:17 Drop by to see a local artist performing on the patio.3:30 The last hiking/biking shuttle leaves for Reservoir Canyon and East Ridge. Poison oak or wind?4:02 Enjoy a happy hour, craft cocktail after a long day of crypto currency day-trading.4:35 Finish a book with a fresh, West Coast IPA.5:04 Fresh, smoked tri-tip nachos appetizer. Baffled on which beer to have.5:25 Your dog, Simcoe gets to see his neighbor Bailey while their humans enjoy a couple of Seltzers. 5:43 Taco Tuesday special is smoked chili verde tacos on home-made tortillas.6:00 A local artist is hosting a “Meet and Cheese” night.6:19 Your favorite fried chicken food truck is outside serving.7:06 Movie night starts. It’s a Tom Cruise double header, Top Gun and Mission Impossible.7:30 Rent some commercial kitchen space to finally get your grandma’s famous salsa into a jar.7:45 On your way to the drive in, you stop to get some snacks and to-go truck food.8:00 Your roommate has a mid-term tomorrow but you can squeeze in a couple of rounds of pool.9:05 On-line dating is not fun, but at least all your team is there to make sure he isn’t a creep.9:36 The NBA finals seem to go on forever!10:08 Stop by for a celebration drink on the way home from an awesome show at the PAC.11:00 Ice cream sundae after a movie downtown. Ok, get the pie too.eThe Spokes• Central Coast Brewing• KROBAR Craft Distillery• Nautical Bean Coffee• Art’s Cyclery• What The Truck Mobile Cuisine• Lone Oak Seltzer• SLO Axe• Whalebird Kombucha3THE HUB ON MONTEREYBRACKET ARCHITECTURE OFFICE1701 MONTEREY ST | SAN LUIS OBISPO22.0414 | MINOR USE PERMITATTACHMENT CPage 123 of 146 RESPONSE NARRATIVE TO ORDINANCE 1651 [2018 SERIES]1. All new structures approved after adoption of this ordinance shall be setback a minimum 20 feet from the existing top of creek bank or edge of riparian vegetation, whichever is farther from the creek flow line ( subsequently called the “ creek setback reference line”). The setback area may be occupied by landscaping and fencing. No new facilities for parking, active recreation or noise generating equipment may occupy the creek setback area. No new structures are proposed. 2. The number and size of building openings facing the creek shall be minimized. Windows shall be no larger than the minimum required by public safety. Glazing shall not reflect sunlight toward the creek nor allow internal lighting to shine toward the creek. Balconies and/ or attendant doors are prohibited. All openings facing the direction of the creek are existing and will not be expanded. 3. Screening shall be provided between the buildings and the creek which may include fencing, decorative walls and landscaped berms, said screening shall at a minimum include restoration and enhancement of the creekside vegetation, and shall also be designed and built so as to block view corridors of the building visible from residential neighbors Existing fencing along the creek will remain. The existing buildings shield and buffer the outdoor uses. 4. Lighting between the buildings and the creek shall be limited in intensity and scale to the minimum necessary for security and identification and shall be designed so as not to shine offsite. All lighting will comply with the Night Sky Ordinance and the parameters of this ordinance. 5. The expansion or redevelopment of properties shall make maximum use of common driveways. The existing driveway and pedestrian entries shall remain in use. 6. All new uses must be found by the Planning Commission to be compatible with the riparian habitat and adjacent residential uses, considering such variables as light and glare, privacy, noise and traffic. In all cases, uses shall be adequately buffered from the creek and adjacent residences in a manner which mitigates potential offsite impacts. The new uses occur approximately 160’ minimum from the Creekside property line. Most outdoor activities are buffered by the existing buildings and all activities are intentionally positioned to be street facing and nearer to the street than the creek. 7. Noise generating uses such as parking and active outdoor recreation uses, such as swimming pools, outdoor bars, and gathering areas shall be located on the interior of the site, using buildings as a buffer. Noise generating outdoor uses are located on the interior site, sheltered by buildings. Parking is located entirely in existing paved vehicular areas. 8. All drainage to the creek shall be directed in a manner which does not erode the creekbank, harm the creekside vegetation or degrade the quality of the creek and its riparian habitat. Appropriate systems may include the use of debris and rubbish screens, oil and grease traps and erosion control/energy dissipaters subject to the approval of the City Engineer and the State Department of Fish and Wildlife. Drainage patterns are not impacted by the project. The grease trap/interceptor will be placed near the driveway from Monterey Street to provide nearest access to a pumping truck. 9. Building height shall be restricted as follows: a) Between 20 and 50 feet, of the creek setback reference line, maximum height shall be 25 feet. b) Between 50 and 80 feet of the creek setback reference line, maximum height shall be 35 feet. c) Beyond 80 feet from the creek setback reference line, maximum height shall be 45 feet. No new buildings are proposed. 10. Grading within the creek setback area shall be limited to that necessary to stabilize the creekbank and to accommodate landscaping, and shall be done in a manner which does not increase erosion of the creekbank or result in the removal of or significant damage to creekside vegetation. No grading is proposed in the creek setback area.11. 11. A s a condition of every new use established or expansion of existing use, that portion of a commercial lot which lies within the C/OS- 5 zone shall be dedicated as a perpetual open space easement. Noted. 12. In special circumstances, the Planning Commission may lower the height and/or increase the setback standards established by this ordinance. Heights and setback limits are met by a significant margin. 13. The revised C/OS- 5 boundary and design criteria contained in this ordinance shall be recorded and referenced on the title of all affected parcels. Noted. 14. The creekside setback area and/or the area beneath the high berm on the creekside shall not be used for a public or urban trail. Noted. No trail proposed. 15. Any structure that functions primarily as a conference or convention center shall not be allowed. Meeting and conference rooms ancillary to other approved uses are allowed. Rooms whose primary use is for social gatherings ( ballrooms, etc.) shall not be located creekside. The structure is not a conference or convention center. Social gatherings that accompany the restaurant and bar/tavern uses are not located creekside. 16. Openings associated with and resulting from underground, ground, or above ground parking, oriented toward the creek or that occur on the sides of the structures within 100 feet of the creek setback reference line are prohibited. No new openings facing toward the creek are proposed. Existing fencing along the creek will remain. 17. During all stages of planning and building, design and engineering plans and over- the counter-changes to the approved plans and permit shall be a matter of public record (as defined in California Government Code Section 6520), shall be noted on the official packet of material, and shall be readily available to the public upon demand. Noted. 18. Any new proposal or significant alteration to an existing development shall be subject to a use permit approved by the Planning Commission. In approving a use permit, the Planning Commission shall find that the proposed conforms to all the criteria listed in Section 3. Noted.4THE HUB ON MONTEREYBRACKET ARCHITECTURE OFFICE1701 MONTEREY ST | SAN LUIS OBISPO22.0414 | MINOR USE PERMITATTACHMENT CPage 124 of 146 Vehicle Parking Spaces Required [Title 17 table 3-4] Restaurant Dining 1 per 100 sf 825 sf 8.25 Restaurant Kitchen 1 per 100 sf 415 sf 4.15 Production 1 per 1000 sf 1,220 sf 1.22 Tasting Area 01 1 per 100 sf 585 sf 5.85 Tasting Area 02 1 per 100 sf 165sf 1.65 Tasting Area 03 1 per 100 sf 315 sf 3.15 Retail Sales 1 per 300 sf 685 sf 2.28 Commercial Kitchen 1 per 1,500 sf 1,165 sf 0.77 Cold Storage 1 per 1,000 sf 750 sf 0.75 Circulation + Restrooms 0 required 2,460 sf 0 Indoor Recreation 1 per 200 sf 2,775 sf 13.87 Production Office/Storage 1 per 300 sf 815 sf 2.72 Indoor Subtotal 44.66 Outdoor Recreation Space [east] 1 per 500 sf 10,221 sf 20.44 Outdoor Recreation Space [west] 1 per 500 sf 1,560 sf 3.12 Outdoor Retail Display 1 per 300 sf 525 sf 1.75 Outdoor Subtotal 25.31 Parking Subtotal 69.97 Bike Parking Reduction 10% 6.3 Total Required Parking 64 spaces [63.67]Vehicle Parking Summary Existing 34 Required 64 Provided 64 Required Accessible 2 standard, 1 van per CBC 11B [2 are existing]EV Parking Existing Spaces (non EV) 34* EV Ready 3 [10%] EV Capable 9 [25%]Motorcycle Parking Existing none Required 2 [1 per 20 of 31 existing spaces] Provided 2Bicycle Parking Existing none Required, Indoor Use 30 Required, Outdoor Recreation to be confirmed with community development director Provided 20 + Outdoor TBD + 30 [for 10% bike parking reduction] Short + Long Term Distribution 38 short term [75%] + 12 long term [25%] + Outdoor short term TBD* This project qualifies as a remodel if scope of work is equal to or exceeding 25 percent of the existing gross floor area of the structure before the construction. Where an existing legal, nonconforming parking condition exists, the EV spaces requirement shall be based on the existing number of parking spaces [34], not the required number of parking spaces [64]. More than 25 spaces requires 10% EV ready spaces, plus 25% EV capable. [17.72.040, 17.106.022]5THE HUB ON MONTEREYBRACKET ARCHITECTURE OFFICE1701 MONTEREY ST | SAN LUIS OBISPO22.0414 | MINOR USE PERMITATTACHMENT CPage 125 of 146 VANMMEVCSEVREVCS EVCSEVCSEVR EVREVR EVREVR EVR50'-0"60'-10" BAY WIDTH60'-1" BAY WI D T H69'-3" BAY WIDTH16'-0" dedicated10'-0" setback1r : 1r ( 1r ( 1r ( 1r : 1r : 1r ( 196'-3" TO BUILDING CORNER94'-4" TO EDGE OF PARKINGSITE PLANSCALE: 1/32” = 1’0168321701 MONTEREYPROPERTY LINEMONTEREY STREETZONE DOUTDOOR RECREATION 7,323 sf1741 MONTEREYNOT A PART1216 [e] PARKING6 [e] PARKING12 [e] PARKING1216114 [n] PARKING4 [n] PARKING 12 [n]COMPACT PARKING6 [n] PARKING 4 [n]PARKINGZONE EOUTDOOR RECREATION2,898 sfZONE AOUTDOOR RECREATION1,560 sfZONE BOUTDOOR RETAIL525 SFZONE COUTDOORARRIVAL1. [N] FENCED OUTDOOR PRODUCTION EQUIPMENT AREA2. [N] COFFEE CART CARGO CONTAINER3. [E] FIRE HYDRANT4. [N] SHORT-TERM BICYCLE PARKING RACKS5. [E] WASTE COLLECTION AREA6. [N] LONG-TERM BICYCLE PARKING LOCKERS7. [N] EV READY PARKING [EVR]8. [N] EV CAPABLE PARKING [EVCS]9. [E] STORAGE CANOPY FOR 1741 MONTEREY10. [E] STEEL STORAGE CONTAINERS FOR 1701 MONTEREY11. [E] GLASS WIND SCREEN12. [E] STEEL FENCE13. [E] CURB, GUTTER, + SIDEWALK14. [E] CONCRETE ACCESS STAIR AND RAMP15. [N] ACCESSIBLE ROUTE FROM RIGHT-OF-WAY AND ACCESSIBLE PARKING SHOWN DOTTED16. [E] STREET TREE, TYP OF [7]17. [N] FOOD TRUCK LOCATIONREFERENCE NOTES1234910105SLO CREEK TOP OF BANKC/OS C-T-SMIN. SETBACKTREE CANOPY13151587715[E] DRAINAGE[E] DRAINAGE1414UPUP6641717ZONE F6THE HUB ON MONTEREYBRACKET ARCHITECTURE OFFICE1701 MONTEREY ST | SAN LUIS OBISPO22.0414 | MINOR USE PERMITATTACHMENT CPage 126 of 146 FLOOR PLANSCALE: 1/16” = 1’08416MEZZANINE LEVEL PLANSCALE: 1/16” = 1’PRODUCTION840 sfCOMMERCIAL KITCHEN1,165 sfRESTROOMSRETAIL685 sfRESTAURANT KITCHEN415 sfPRODUCTIONOFFICE450 sfCOLD STORAGE750 sfINDOOR RECREATION2,775 sfDINING825 SFOUTDOOR RECREATIONOUTDOOR RETAIL DISPLAYProposed Use and Occupancy Classification Occupancy Classification Restaurant Kitchen A-2 Restaurant Bar/Dining A-2 Kitchen Commercial B Production F-1 Tasting Area A-2 Retail M Storage, Cold S-2 Production Office B Recreation Indoor A-3CIRCULATION1690 sfSTORAGE365 sfOUTDOOR RECREATIONTASTING AREA 01 585 sfTASTING AREA 03315 sfTASTING AREA 02165 sfPRODUCTION380 sf7THE HUB ON MONTEREYBRACKET ARCHITECTURE OFFICE1701 MONTEREY ST | SAN LUIS OBISPO22.0414 | MINOR USE PERMITATTACHMENT CPage 127 of 146 NORTHEAST EXTERIOR ELEVATIONSCALE: 1/16” = 1’SOUTHWEST EXTERIOR ELEVATIONSCALE: 1/16” = 1’ZONING DESIGNATION SERVICE COMMERCIAL (C-T-S) SIGN TYPES ALLOWED ALL SIGN TYPES EXCEPT# SIGNS PER PREMISES ALLOWED PROPOSED 2 2ILLUMINATION FOLLOWING STANDARDS PER SLO MC 15.40.030 MAX. CUMULATIVE SIGN AREA ALLOWED PROPOSED 200 SF 200 SFSAN LUIS OBISPO CITY SIGN STANDARDSSIGN 2type: wall sign, painted area allowable: 100 sfarea proposed: 100 sf (8.5’ x 11.75’)SIGN 1type: wall sign, paintedarea allowed: 100 sfarea proposed: 100 sf (8.5’ x 11.75’)SIGN 2SIGN 18THE HUB ON MONTEREYBRACKET ARCHITECTURE OFFICE1701 MONTEREY ST | SAN LUIS OBISPO22.0414 | MINOR USE PERMITATTACHMENT CPage 128 of 146 SOUTHEAST EXTERIOR ELEVATIONSCALE: 1/16” = 1’NORTHWEST EXTERIOR ELEVATIONSCALE: 1/16” = 1’9THE HUB ON MONTEREYBRACKET ARCHITECTURE OFFICE1701 MONTEREY ST | SAN LUIS OBISPO22.0414 | MINOR USE PERMITATTACHMENT CPage 129 of 146 Page 130 of 146 ZONE A ZONE B ZONE C ZONE D ZONE E ZONE F OPEN 6:00 AM 9:00 AM 11:00 AM 11:00 AM 11:00 AM 11:00 AM CLOSE 10:00 PM 10:00 PM 10:00 PM 10:00 PM 10:00 PM 10:00 PM ACTIVITY Axe Throwing  BBQ  Bicycle Display  Board Games  Chess/Checkers  Coffee Cart  Corhhole  Dog Area  Fire Pits  Food Truck  Performing Arts  Ping Pong  Pickle Ball  Ring Toss  Outdoor Retail and Recreation Zones ATTACHMENT D Page 131 of 146 ACTIVITY Axe Throwing BBQ Bicycle Display Board Games Chess/Checkers Coffee Cart Corhhole Dog Area Fire Pits Food Truck Performing Arts Ping Pong Pickle Ball Ring Toss Operational Overview Proposed operation window Based on reservationsDaily 7:00 AM to 8:00 PMDaily 9:00 AM to 6:00 PMDaily 11:00 AM to 9:00 PMDaily 11:00 AM to 9:00 PM Thursday-Sunday, early afternoon through early evening, subject to availabilityDaily 11:00 AM to 9:00 PMDaily 11:00 AM to 9:00 PMDaily 11:00 AM to 9:00 PM Daily 6:00 AM to 4:00 PMDaily 11:00 AM to 9:00 PMDaily 11:00 AM to 9:00 PMDaily 11:00 AM to 10:00 PMDaily, rotating truck, hours based on menu and availability ATTACHMENT D Page 132 of 146 APPL-0262-2022 / USE-0103-2022The Hub (1701 Monterey Street)Review of an appeal of the Planning Commission’s decision to approve a Minor Use Permit to establish a multi-vendor facility, “The Hub”, at 1701 Monterey StreetSeptember 20, 2022Applicant: Monterey Street Brewing, LLC RecommendationAdopt a Draft Resolution entitled, “A Resolution of theCity Council of the City of San Luis Obispo, California,denying an appeal and upholding the PlanningCommission’s decision to approve a Minor Use Permit toestablish a multi-vendor facility that includes a bar/tavern,restaurant, commercial recreation, general retail, indoorlive entertainment, and food trucks. The project includes aparking reduction request and is categorically exemptfrom environmental review.” Project DescriptionCollaboration between eight local businesses1701 Monterey (previously Daylight Home and Gardens)Proposed uses include: Bar/tavern Restaurant General retail Indoor and outdoor commercial recreation Indoor live entertainment Food trucksParking reduction request to replace six vehicle spaces with 30 bicycle spaces Policy ContextCommercial Tourist Land Use and Upper Monterey Area Retain and accommodate expansion of existing food service and recreational businesses into an area intended for Tourist Commercial uses and revitalize developmentMajor City Goal – Economic Recovery Facilitate new locations for local businesses and utilize an existing major vacancy BackgroundOrdinance No. 1130 (1989)Compatibility concerns between commercial and residential land uses adjacent to San Luis Creek Designated a Special Considerations Overlay (S)Amended zoning map from C-T to C-T-S and expanded C/OS Established a Design Criteria for any new, or expansion of any existing, development or use Project consistency with Design Criteria would ensure compatibility with adjacent residences and creek BackgroundOrdinance No. 1651 (2018)Superseded Ordinance No. 1130 Modified the Design Criteria Design Criterion No. 18 requires Planning Commission review any new proposal for consistency with the Design Criteria Project TimelinePlanning Commission reviewed and approved the project on May 11, 2022 Hana Novak filed an appeal of the project approval on May 19, 2022 Appeal Issues Appeal Issue No. 1 – Ordinance No. 1651States the project does not conform to the purpose, intent, and provisions of Ordinance 1651 (Special Considerations Overlay) Appeal Issue No. 1 – Staff ResponseDesign Criteria in Ordinance No. 1651 includes provisions to address:Lighting and glarePrivacy Noise Traffic Privacy Existing building located 180’ from top of bank, 250’ from residential property lineNo new building or building addition Condition No. 28 requires barrier at rear to block visibility of parking areaConsistent with Design Criteria No. 3 and 6 Lighting, noise, and traffic impacts addressed in Appeal Issues No. 2 – 4. Appeal Issue No. 2 – Noise States the project does not address noise impacts on adjacent residences and creek Appeal Issue No. 2 – Staff Response Project operations within building or enclosed outdoor areas, buffered by buildings and accessory structuresLocated 180’ from top of bank, 250’ from nearest residential property lineNot located creekside (not adjacent to or abut the creek)Indoor uses Conditions No. 12-15 require live entertainment only be permitted indoors on limited days and hours with all doors and windows closed Condition No. 10 require doors and windows remain closed from 10:00 p.m. – 7:00 a.m. Outdoor usesLocated on the interior of the lot, oriented towards Monterey Street Conditions No. 11 and 15 require activities cease by 10:00 p.m. and prohibit amplified sounds outsideCondition No. 23 require new solid fencing around Zone A Subject to the City’s Noise Ordinance Consistent with Design Criteria No. 6, 7, and 15 Appeal Issue No. 3 – Traffic States the project does not address traffic impacts on adjacent residences Appeal Issue No. 3 – Staff Response Project would not generate substantial increase in trips in comparison to the former retail use; approximately 30 net new tripsTransportation Impact Study required if 100 or more new peak hour auto trips are generatedNet increase does not exceed 100 trip threshold; no significant traffic impactConsistent with Design Criterion No. 6 Appeal Issue No. 4 – LightingStates the project does not address lighting impacts on adjacent residences and creek Appeal Issue No. 4 – Staff ResponseCity’s Night Sky Preservation Ordinance requires outdoor lighting fixtures be shielded, directed downwards, and operated with minimum intensity Lighting improvements evaluated during building permit reviewNo new or enlargement of existing building openings that face the creekCondition No. 28 requires barrier at rear to block visibility of vehicle headlightsConsistent with Design Criteria No. 3, 4, and 6 Agenda Correspondence Recommendation No. 1 – Solid WallsConstruct solid noise barriers (stucco, CMU, masonry) around two outdoor areas Recommendation No. 1 – Staff ResponsePreferred techniques in City’s Noise GuidebookDistance Outdoor recreational areas located 180’ from top of bank, 250’ from residential property line Location and orientation Located on interior of site and buffered by existing buildingsEliminate need for construction of solid walls Subject to the City’s Noise Ordinance and Code Enforcement Provisions Recommendation addressed through project design and conditionsInconsistent with the Community Design Guidelines Recommendation No. 2 – Amplified MusicProhibit amplified music in outdoor areas Recommendation No. 2 – Staff ResponseCondition No. 10 prohibits amplified sound outdoorsConditions No. 11-15 include limitations on hours for outdoor activities and operations for indoor live entertainment Recommendation addressed through implementation of Conditions No. 10-15 Recommendation No. 3 – Truck DeliveriesLimit truck deliveries to and from the site to between 7:00 a.m. and 10:00 p.m. Recommendation No. 3 – Staff ResponseAdd new Condition No. 29Truck deliveries to and from the site shall only occur between the hours of 7:00 a.m. and 10:00 p.m. for the project.Recommendation addressed through incorporation of new Condition No. 29 RecommendationAdopt a Draft Resolution entitled, “A Resolution of theCity Council of the City of San Luis Obispo, California,denying an appeal and upholding the PlanningCommission’s decision to approve a Minor Use Permit toestablish a multi-vendor facility that includes a bar/tavern,restaurant, commercial recreation, general retail, indoorlive entertainment, and food trucks. The project includes aparking reduction request and is categorically exemptfrom environmental review.” 1010 Marsh St., San Luis Obispo, CA 93401 (805) 546-8208 . FAX (805) 546-8641 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Luis Obispo, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party interested in the above entitled matter. I am the principal clerk of the printer of the New Times, a newspaper of general circulation, printed and published weekly in the City of San Luis Obispo, County of San Luis Obispo, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of San Luis Obispo, State of California, under the date of February 5, 1993, Case number CV72789: that notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: at[ 1?- in the year 2022. I certify (or declare) under the the penalty of perjury that the foregoing is true and correct. Dated at San Luis Obispo, CaliNirma, this day of YrW—, 2022. �c Katy Gray, New as L als l&Mll6 P-1U.NTMGa in/NTMG0fi,,'P1,NFS1Prb4: Naltt./Pva(uf Pob SAN LUIS OBISPO 0 CITY COUNCIL NOTICE OF PUBLIC HEARING The San Luis Obispo City Council invites all interested persons to attend a public hearing on Tuesday, sephmber se. i,2 Of S,, p.m. held in the Council Chambers at City Hall, 990 Palm Street San Luis Obispo_ Please note thet Zoom participation will net he supported, as this will be an in -person meeting. Meetings can be viewed remotely on Government Access Channel 20 or en .... I live from the CiVa YauTtube channel at hip//yominua slo.city. Public comment prior On, the stare M the meeting, may be submitted in waning via U.S. Mail delivered to the City Clerk's office at 990 Palm Street San Luis Obispo, CA Mel or by email to emailcouncil®slockforg. PUBLIC NEARING ITEMS: r The City Council will review Of'an Want of the Planning Commission's decision to approve a Minot Use Permit to establish a multi -vend., facility that includes a b.,A ..... restaurant commercial recreation, general retail, indoor live entertainment and food trucks. The prolect includes a parking reduction request and is categorically exempt from environmental review (120 Miami Streeh APPL02M- 20221. Far mare information, you are invited to contest Hannah Race of Me City's Community Oevelopmem Oepartmant It(805)2BIJa8Z or bhanbf .aftyarp The City Council will receive the Annual Cannabis Program Update, introduce an Ordinance amending Chapter 9,10 (Cannabis Raguktionel of the Municipal Code to clarify requirements Or applications and operator permits, and adopt a Besaludom updating the Merit Crearia for Retell Storefront Cannabis Business Operator Permits. For. submission, You. u w wed 0 cameo Alexander Fuchs of Me Crtys Community Oamlopmem OePartmeM al (&25)2B3J81J w eyushs®slocityarg The City Council may also discuss other hearings or business items before or atterthe Rome listed above. If you challenge the proposed prolect in mun you may be limited to raising only those issues you or Panama elsi raised mthe public hearing described in this notice, or in woman correspondence delivered to the City Council at or prior to.the public hearing. Council Agenda Remits for this meeting will be available for review one week in advance of the meefin, date on the City's websbe, under the Public Meeting Agendas web page: httpsd/ www..stocitV.org/gowrnmenUmayar-and-city-couneipagendes- and-minutes. Please call Me City Clerk's Office at 08051781-711 for more informabon The City Council Owning will be televised live on Charter CableChannal 20 and live screaming on the City's YouTube channel http:/ypurubasloxity, September 8, 2022 wwv,.newtimesslo.com • Septembe