HomeMy WebLinkAbout11-20-2012 carloni ph1RECEIVE D
NOV 19 201 2
S,O CITY CLER K91111memonanOum
DATE :
November 16, 201 2
TO :
City Counci l
VIA :
Katie Lichtig, City Manage r
FROM :
Derek Johnson, Community Development Directo r
BY :
Marcus Carloni, Assistant Planner
SUBJECT : Public Hearing Item No . 1 ; Continued hearing on the appeal of the SLO Brewin g
Company relocation project ; 736/738 Higuera Street (A 57-12 )
This memo responds to several issues raised by Save Our Downtown related to the continue d
hearing on the SLO Brewing Company appeal .
"There is still a roof top lounge which could easily be converted into a bar facility ."
At the September 25 'h hearing, the City Council noted concerns with noise, occupancy, an d
primary use of the proposed roof level patio as a bar, and directed removal of the rooftop use .
The applicant has redesigned the project by focusing attention to Higuera Street (relocated
patron queue) and has reduced the total capacity of the building (26% reduction for th e
previous proposal). The applicant has redesigned the proposed roof level patio to function as a
restaurant/lounge (similar to that of the new Granada Hotel on Mono Street), eliminated th e
concentrated use (i .e . bar) occupancy, and has reduced the size of the roof level patio to 98 0
square feet (previously 1,099 square feet). The roof level patio now provides for a maximu m
occupant load of 49 persons (previously 145 persons).
Staff is recommending approval of the redesigned roof level patio to the City Council as a n
option . If supported, conditions of approval have been modified to address concerns with th e
roof level patio and ensure that the space functions as an extension of the restaurant rathe r
than as a rooftop nightclub . If Council continues to have concerns in light of modifications t o
the project, an alternative action (Alternative #1 on page PH1-11 of the Council Agend a
Report) is included to approve the project absent the roof level patio, and an alternativ e
resolution (removing the roof level patio from the project) has been prepared (Attachments 3
and 4 on page PH1-12 of the Council Agenda Report).
A discussion of the roof level patio is provided under Council Direction #5 (Evaluatio n
section) on page PH1-6 of the Council Agenda Repor t
"There is still an industrial scale steel stair replacing the current original, historical structur e
providing exterior access to the roof top ."
COUNCIL MEETING : 7j '£42012r
iI'EMNO .: M 1.-
Council Memo – Continued Hearing SLO Brew Appeal (PH-1 )
Page 2 of 4
At the September 25th hearing, the City Council discussed the proposed exterior (creek-side )
staircase and asked the applicant to consider incorporation of the staircase inside the building .
The project received conceptual review from the CHC on October 22, 2012 . The CHC
discussed the proposed removal of the second floor wood structures and replacement with th e
proposed steel staircase . The CHC requested a historic background report to determine th e
significance of the second floor wood structures . The CHC was concerned with the scale o f
the staircase and as an option noted a two-story exterior staircase with internal access to th e
proposed roof level patio may be appropriate, provided the wood structures are not deeme d
significant and may be removed . If the existing wood structures are deemed significant by th e
CHC, they will need to be incorporated into the project .
A discussion of the proposed steel staircase is provided under Discussion Item (e) (Evaluatio n
section) on page PH1-10 of the Council Agenda Report .
"Nightclub queuing will still encroach onto Mission Plaza on Thursday nights (begging th e
question : why not limit nightclub activities to the remaining six days of the week?)."
At the September 25th hearing, the City Council's direction included relocating the patron
queue to Higuera Street . The City Council's discussion of relocating the queue included th e
possibility of allowing the queue along the pedestrian bridge creekwalk route on Thursda y
nights during farmers market . Staff is recommending use of the pedestrian bridge route as a
queue on Thursday nights so as not to conflict with Farmer's Market patrons . This 350 foo t
maximum length queue would be in place along the pedestrian bridge creekwalk route fo r
approximately 90 minutes . The applicant has indicated a queue is typically in place for 4 5
minutes and it takes approximately 45 minutes to load patrons into the building .
A discussion on relocating the patron queue to Higuera Street is provided under Counci l
Direction #2 (Evaluation section) on page PHI-5 of the Council Agenda Report .
"The facility is still greatly expanded over its current size . The SLO Brew owners are stil l
proposing a 50% expansion in its new location ."
At the September 25 th City Council hearing, Council members discussed a supportabl e
maximum occupancy of approximately 900 persons and also discussed maintaining a capacit y
similar to the existing 1119 Garden Street location . Ultimately, the City Council directed th e
applicant to reduce the capacity of the building below the previous proposal .
The existing maximum occupancy is 555 persons during normal operation and 741 person s
during late night (concentrated) operation, with the new proposal being 713 persons durin g
normal operation and 860 maximum persons during late night operation . The average increas e
in capacity over the existing (1119 Garden Street) location is 22% (138 persons).
A discussion of the building's capacity is provided under Council Direction #1 (Evaluatio n
section) of page PHI-4 of the Council Agenda Report.
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Council Memo – Continued Hearing SLO Brew Appeal (PH-1 )
Page 3 of 4
"Fifty-four to fifty-nine percent of SLO business owners and residents recently polled ar e
opposed to more bars and nightclubs in the Downtown (and one should be able to conclud e
from this that those polled were also opposed to bar and nightclub expansions)."
As part of the Land Use and Circulation Element update process all City residents received a
survey via mail . A question of this survey asks residents if they would like to see less, abou t
the same, or more bars and nightclubs in the downtown . Of the 1,917 responses, 43 .3 %
indicated they would like to see less bars and nightclubs downtown, 15 .8% indicated they
would like to see somewhat less, 31 .4% indicated they would like to see the same amount ,
4 .3% indicated they would like to see somewhat more, and 5 .1% indicated they would like t o
see more bars and nightclubs in the downtown .
"The property owners reserve the right to place another bar/restaurant in its previou s
location ."
"Please outline the steps required in order for the new hotel/restaurant owners(s) in Garden
Street Terraces to obtain a liquor license."
The census tracts that encompass the downtown area are "over concentrated", meaning an y
new alcohol licenses 'are subject to a determination of Public Convenience and Necessit y
(PCN) by the California Department of Alcoholic Beverage Control (ABC). ABC's proces s
for considering PCN applications provides the City with an opportunity to object to th e
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issuance of the PCN or request that ABC impose conditions on the PCN to address impact s
of overconcentration or a history of adverse impacts of a particular operator .
A PCN would not be necessary for the proposed SLO Brewing Company relocation ,
because a PCN is not required for the transfer of an existing license within a census tract o r
in this case, the downtown . Staff will oppose the unconditional transfer of the license an d
would recommend attaching the proposed Use Permit conditions to the alcohol license . Thi s
approach provides an additional tool to ensure the proper management and compatibility of
the establishment .
SLO Brewing Company's proposed relocation will likely result in an expiration of the Nigh t
Club Use Permit at the 1119 Garden Street location . The nightclub use at the 1119 Garden
Street location will be discontinued to facilitate a restaurant (with accessory bar) associate d
with the proposed hotel for the approved Garden Street Terraces project, with unreinforce d
masonry (URM) upgrades to take place upon relocation of SLO Brewing Company . Th e
applicant additionally indicated that the construction of the Garden Street Terraces projec t
and related URM improvements to the existing SLO Brewing Company building would tak e
in excess of one year, expiring the existing Use Permit pursuant to section 17 .58 .030 .C1 of
the City's Municipal Code 2 .
I Business and Professions Code (23958 .4), a PCN (Public Convenience or Necessity) is required for the following five types o f
alcohol licenses : Type 20 – Off-Sale Beer & Wine, Type 21– Off-Sale Beer, Wine, and Spirits, Type 40 – On-Sale Beer (Pub), Type 4 2
• – On-Sale Beer & Wine, Type 48–On-Sale Beer, Wine, and Spirits (Bar).
2 City of San Luis Obispo Municipal Code Chapter 17 .58 Use Permits . Section 17 .58 .030 .C1 : When a use that was allowed b y
approval of a Use Permit ceases operation for one year or such other time period as specified in the conditions of approval, the n
reinstatement of that use will be allowed only with approval of a new Use Permit .
Council Memo – Continued Hearing SLO Brew Appeal (PH-1 )
Page 4 of 4
With the transfer of the applicant's existing license to the proposed location, the owner o f
Garden Street Terraces (GST) would need to obtain a alcohol license from another busines s
within San Luis Obispo County to operate a restaurant with associated bar in conjunctio n
with the hotel . A PCN and Use Permit are not required for a full-service restaurant wit h
accessory alcohol service, provided alcohol service ceases by 11 :00 p.m . Restaurants ar e
subject to the ABC license requirements, however, the City's current practice with ABC i s
that the Police Department protests all new licenses in the downtown, including restaurant s
(Type 47), and is given the opportunity to add conditions . City staff would request ABC t o
add conditions to the license to address the "morphing" of restaurants into bars .
Please contact Derek Johnson at 781-7187 if you have any questions .
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