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Home My WebLink About09-25-2012 ac Pagel, Davidson, Graves, Case, Montero, Cooper, Smith ph1Goodwin,Heather RECEIVE D SEP 24 201 2 SLO CITY CLER KFrom:Grimes, Maev e Sent:Monday, September 24, 2012 1 :23 P M To :Goodwin, Heathe r Subject:FW: SLO Bre w Attachments :creeky tiki .pd f More SLO Bre w .Maeve 9Cennecty Grime s City Cler k City of San Luis Obisp o 990 Palm Stree t San Luis Obispo, CA 93401-324 9 (805) 781-7102 AGENDA CORRESPONDENC E Date Vol -V Z ltem#?H f From :Carter, Andrew Sent :Monday, September 24, 2012 12 :55 P M To :Grimes, Maeve Subject :FW : SLO Brew Public correspondenc e Andrew Carte r From :Mary Pagel fmailto :marvpaaelOaol .com l Sent :Monday, September 24, 2012 12 :09 PM To :Marx, Jan ; Carpenter, Dan ; Carter, Andrew ; Smith, Kathy ; Ashbaugh, Joh n Subject :SLO Brew Dear Council Members : I'm not sure we'll be able to make Tuesday's council meeting due to work commitments but wanted to voice my concern s regarding the SLO Brew relocation (we live a little over 300 ft . from the proposed site). At the planning committee meeting in July, additional modifications were requested to such things as the outside stee l staircases to mitigate noise concerns . In my opinion, not enough consideration was given to the hours of operatio n regarding outside dining and the open air roof top bar . One of the commissioners stated something to the effect that his informal survey indicated that by 8-9 o'clock the restaurants along the creek and adjacent to the proposed site are usuall y closed and/or not serving . So why would SLO Brew be able to serve outside and upstairs and have outside "ambien t music" until 11 :00 every night? This is inconsistent with what's happening, and some of the use permits currently i n place for establishments along the creek (i .e . Creeky Tiki - see attached). With the elevation of the proposed roof top bar, the sound will be level with our house and our neighbors - pleas e consider dialing this back to a more reasonable hour such as 9 p .m . After walking by the plaza during Saturday night's "Bites & Brew", experiencing how the amplified music took over that part of town until about 9 :30 and watching the exuberant participants stagger away - I'm more concerned than ever about how this type of activity is being handled an d the patchwork policy attached to each event/site rather than a cohesive policy for the creek/plaza area . I'm still not clear that the increased size of the entertainment venue (compared to the current capacity) and impact on th e creek/plaza and surrounding area has been adequately addressed as well . Thank you for your consideration and time, 1 , Sincerely , Mary Mary Page l 669 Palm St . San Luis Obispo, CA 9340 1 (805) 235-440 5 Information from ESET Endpoint Antivirus, version of virus signature database 7511 (20120924 ) The message was checked by ESET Endpoint Antivirus . http ://www.eset .co m Information from ESET Endpoint Antivirus, version of virus signature database 7511 (20120924 ) The message was checked by ESET Endpoint Antivirus . http ://www .eset .com 2 November 24, 200 9 Brett Butterfield 778 Higuera Street, Suite G San Luis Obispo, GA 9340 1 SUBJECT : Use Permit Apra MOD 92-09 : 778 Higuera Stree t Dear Mr . Butterfield : On Friday, November 20, 2009, I conducted a public hearing on your request fo r modification of an existing use permit to allow a broader range of hours for patio us e and outdoor entertainment at The Network in the Downtown Commercial zone (C-D-H), at the above location . After reviewing the information presented, I approved your request, based on th e following findings and subject to the following conddions: Finding s 1.The proposed modified use permit will not harm the general health, safety, an d welfare of people living or working in the vicinity because conditions on the permi t approval will minimize noise and safety impacts as well as impacts to polic e resources and the community . 2.The proposed use is consistent with the General Plan because it provides a setting which is festive and comfortable for public gatherings in the Downtown cor e (LUE 4 .4). 3.The proposed use is compatible with the project site and with existing an d potential uses in the vicinity which include retail shops, restaurants, and bars . Conditions of approval have been adopted to minimize potential disturbances and criminal activities . 4.The project is categorically exempt from environmental review (CEQA Guidelines , Section 15301, Class 1, Existing Facilities). MOD 92-09 (778 Higuera Street )Page 2 Conditions 1 . Use of the patio shall be limited to between the hours of 11 :00 a .m . and 10 :0 0p.m . daily,with summer hours on Friday and Saturday nights until 1100 p .m. The summer schedule shall be during the months of June,July,August, an d September . 3.The applicant shall limit amplification levels to not exceed 65 decibels at all time s at the property line . 4.The outside patio area is a particularly sensitive area with the potential to creat e noise disturbances . Any recorded amplified music or live music amplified or non - amplified shall be kept to a low ambient level generally not noticeable to casual t bystanders in the vicinity . 5.Entertainment shall be located in the area specified on site plans stamped wit h Community Development Department approval and approved by the Buildin g Division . Entertainment shall be limited to types of entertainment indicated in th e project description . 6.Amplification shall not be used if any event is scheduled in Mission Plaza or Old Mission Church which may conflict with Sound amplification as determined by th e City's Mission Plaza Events Coordinator. Applicant is responsible for regula r consultation with the Mission Plaza Events Coordinator to determine the potentia l for such conflicts . 7.Performers, musicians, and patrons of the restaurant patio shall not use th e adjacent parking lot for unloading equipment or parking vehicles at any time . 8.Food service shall be available to patrons at all times that alcoholic beverage sale s and consumption is taking place . 9.The quarterly gross sales of alcoholic beverages shall not exceed the gross sale s of food during the same period .The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholi c beverages of the licensed business . Said records shall be kept no less frequentl y than on a quarterly basis and shall be made available to the Police and/o r Community Development Department on demand . 10.The applicant is responsible at all times for knowing the legal age, state o f sobriety,and general state of all restaurant customers consuming alcohol . 2 . Outdoor entertainment on the patio shall be limited to the hours of 12 noon to 9 :0 0 p .m .Wednesday thru Saturday,and 12 noon to 6 :00 p .m .on Sunday thr u Tuesday. MOD 92-09 (778 Higuera Street) Page 3 11.No individual under 21 years of age, or without proper identification, shall b e served or sold alcohol . 12.The applicant shall ensure that no intoxicated patron is furnished with additiona lalcohol. 13.All employees should attend ABC LEAD Training and/or San Luis Obispo Polic e Department Alcohol Responsibility Training . 14.The patio shall be maintained in an orderly manner and will be properly supervise d and controlled at all times to prevent alcoholic beverages from leaving the area . No alcoholic beverages shall be consumed on any property adjacent to th e licensed premises under the control of the licensee(s ) 15.Any intensified use that revises the building occupant load for activities such a s music, dancing, and similar assembly uses of the interior space will requir e submission of plans for review, approval, and a permit issued for the proposed use and change of occupancy . The plans shall be prepared by a licensed desig n professional (architect or engineer) that addresses occupant loads,exiting, an d disabled access . 16.The 8-foot-wide pedestrian walkway easement along the creek shall be mad e available to the public at all times . 17.The gas barbeque must be stationary and at least 10 feet from any building . 18.No activities shall exceed the occupant load for the patio or building . 19.No special events outside of normal business hours are approved with this us e permit. 20.The Use Permit Conditions of Approval shall be displayed in a conspicuou s location on the premises . The use permit shall be reviewed by the Heating Officer in one year . At the revie w hearing, the Hearing Officer may add, delete, or modify conditions of approval . 22 . A review hearing may be scheduled at any time upon receipt of evidence that th e use is not in compliance with conditions of approval and the Municipal Code . At the time of the use permit review, conditions of approval may be added, deleted , or modified or the use permit may be revoked . My decision is final unless appealed to the Planning Commission within 10 days of ataction. Any person aggrieved by the decision may file a appeal . Appear forms are available in the Community Development Department or on the City's websit e 21 . MOD 92-09 (778 Higuera Street) Page 4 (www.slocity.org). The fee for filing an appeal is $250 and must accompany the appeal documentation . While the City's water allocation regulations are in effect, the Hearing Officer's approva l expires after three years if construction has not started unless the Hearing Office r designated a different time period . On request, the Community Development Directo r may grant a single, one-year extension . If you have any questions, please call James David at (805) 781-7576 . Sincerely , Doug Davidso n Hearing Office r cc : SLO County Assessor's Office Leslie R . Naman, THE ETA L do JDR Real Estate Service s P .O .Box 12160 San Luis Obispo, CA 93406 September 19,2012 AGENDACORRESPONDENCEDateqas-ha Item This letter is about my concern about SLO Brew moving to the Carrisa Building o n Higuera Street . The Impact on all the neighborhood will be horrible . Also we have a Jwel in our Missio n Plaza and that will make it not a pleasant place to spend time downtown day or night . A 600 seat auditorium/nightclub in a small area of our downtown would not be good . I f they plan to have an open-air bar on the third floor it will carry voice and noise all ove r our downtown till one in the morning. Please do not vote for their plan . Please get this down to a size our downtown can handle . Save or neighborhood and ou rMission Plaza . Mayor Jan Marx, _..m®_..tee.?_._Sal''Iese/ AGEN C CORRESPoN'0L~;~E Date.91as1 12.iiam#?1-t RECEIVE D SEP21201 2 SLO CITY CLERK a4-tra c &c7/2- Goodwin, Heathe r From : Grimes, Maev e Sent: Monday, September 24, 2012 12 :14 P M To: Goodwin, Heathe r Subject FW: SLO Brew in the Carissa Buildin g Attachments : SLO Letter.pd f Another SLOBrew correspondence . Thank you, .7vlaeve .7Cennedy Grime s City Cler k City of San Luis Obisp o 990 Palm Stree t San Luis Obispo, CA 93401-324 9 (805) 781-710 2 From :Marx, Ja n Sent :Saturday, September 22, 2012 12 :57 PM To : Lichtig, Kati e Cc : Grimes, Maeve Subject:FW : SLO Brew in the Carissa Buildin g Original Message From :James Montero [montroq c@gmail .com ] Sent :Saturday, September 22,2012 12 :54 PM Pacific Standard Tim e To :dancarpslo@yahoo .com;janmarx@,stanfordalumni .org;Marx, Jan ;acarter ,slo .city .org;Smith, Kath y Subject :SLO Brew in the Carissa Buildin g Dear Honorable City Council Member s As an active Alumni at Cal Poly and a frequent visitor to SLO an d having a son who graduated recently as well, I respectfully submit this letter addressing the upcoming Hearing on the SLO Brew Company . Warmest Regard s James Monter o Architect Information from ESET Endpoint Antivirus, version of virus signature database 7510 (20120924 ) The message was checked by ESET Endpoint Antivirus . RECEIVE D SFP 24 ?(lt2 SLO CITY CLER K AGENDA C ORRESPONDENC E Dated o2 LL Item # http ://www .eset .com James Monter o 1105 First Street Hermosa Beach, CA . 9025 4 310 .283 .153 6 montroq(dgmail .co m September 21, 201 2 San Luis Obisp o City Counci l San Luis Obispo, CA . RE :SLO Brew Relocation SLO Brew to th e Carissa Building at 736/738 Higuera Stree t Dear Honorable City Council Members of San Luis Obispo ; I was recently alerted to the relocation Use Permit application by SLO Brew to the Carrisa Building . Let me share with you a few points, which I believe are pertinent to this application : Like others in SLO, I too am concerned about the relocation of SLO Brew to the Carrisa Building o n Higuera Street. That portion of SLO Downtown has history upon history . It truly is the "gem" of 5L0 and care and preservation should be a paramount concern of the City, for all to use ! I am a graduate of Cal Poly with both my BA and MSA and currently work for UCLA . I was a resident o f SLO for 7+ years and a member of a fraternity while in school . I participated in much of the night life and am well aware of the college freedom of parties ; drinking ; and attending drinking establishments . In addition, I am a resident of Hermosa Beach, California and we too have a nice new recent downtow n redevelopment . During the day the Hermosa Pier area is inviting, clean, pleasant; at night, with th e proliferation of drinking establishments, bars, and activities, and the throngs of people, it is utter chaos ! So much so, that in last night's local paper 3 letters to the editor appeared commenting as to th e severity of change in our Pier area due to the proliferation of bars and the out of scale activities on th e pier. A place you do not want to be after 9 PM! It taxes City services, police, and first responders, lik e "care takers of unbridled children", and gives our little city a black eye for the behavior and activitie s which result. SLO is not very different . The Carissa Building in SLO is located on probably the most important block i n Downtown, backing onto San Luis Creek . The Creek and the Mission are the "jewels of the City ."I attended Cal Poly at the time Monterrey Street was being abandoned and Mission Plaza developed .I was part of the student teams that helped plant trees and form the paving areas and place pavin g stones . We cleared and cleaned the creek as well! The vitality-re-vitality that Mission plaza brought t o the City was almost immediate . Small shops and the small restaurants began to flourish . Within a few years, restaurants opened back decks to the creek . The building on the far corner — I believe th e Johnson building was one of the first to be tastefully-historically renovated . Other followed . For the Council to embrace and approve the relocation & expansion development by SLO Brew will be a "very grave mistake". The impact and improper scale, and residual activities, would severely intrude o n the specialness of the Creek and the sanctity of the Mission — "the peace of the place ." Take a page from Hermosa Beach or any other town that has allowed this to occur in the name o f development . As an architect, I have applied for numerous CUP's, UP's, AP' and related permits for many clients an d business owners . I know full well the needs, intentions, and the resulting restrictions an d responsibilities written into the language . While many developers are well intended, the bottom line i s that the City is ALWAYS left to police the problems created by developments that are "fringe", out o f scale, and most often based upon developers greed . In addition, even when the resulting violation an d problems are addressed and a compromise found, the City and the City residents are the losers . Th e City and the City residents end up holding the bag! We all know that a business of the nature of SL O Brew at this large scale, would guarantee social fringe behavior before, and definitely after any events . I strongly urge the Council to deny, rescind, revoke, and reject any approvals for the relocation of 5L 0 Brew . Help SLO Brew, encourage them, to find a place outside of the downtown district in which t o develop their project — but save the Mission Creek Area ! Sincerely, James Montero — BA, MS A Senior Project Manage r Architect RECEI\/E D Goodwin, Heather SEP 2 4 201 2 SLO CITY CLER K AGENDA CORRESPONDENC E Date.//qIZ ltem#rte ( Nlaeve Xennedy Grime s City Clerk City of San Luis Obisp o 990 Palm Stree t San Luis Obispo, CA 93401-324 9 (805) 781-710 2 From :Marx, Ja n Sent :Saturday, September 22, 2012 3 :17 PM To : Allan Cooper ; Carter, Andrew; Ashbaugh, John ; Smith, Kathy ; Dan Carpenter ; Dan Carpenter; Dan Carpente r Cc :Lichtig, Katie ; Grimes, Maeve Subject :RE : Regarding Save Our Downtown's Appeal Of SLO Brew 65% Expansion And Relocatio n Thank you for your input on this issue, Allan . I am copying in city staff, so that this correspondence is part of the record . So as to respect the Brown Act, council cannot "reply all" regarding this agenda item . All the best , Jan Jan Howell Mar x Mayor of San Luis Obispo (805) 781-7120 or (805) 541-271 6 From : Allan Cooper [allancoope@gmail .com] Sent : Saturday, September 22, 2012 3 :13 PM To: Marx, Jan ; Carter, Andrew ; Ashbaugh, John ; Smith, Kathy; Dan Carpenter; Dan Carpenter; Dan Carpente r Subject: Regarding Save Our Downtown's Appeal Of SLO Brew 65% Expansion And Relocatio n Dear Honorable Mayor and Council Members - Regarding the Save Our Downtown appeal of the Planning Commission's approval of the SLO Brewing Co . expansion and relocation : I am forwarding you below and via attachment my response to Staff's responses no's . 1-5 . Would you kindly "red file" this for me? Thanks ! - Allan Cooper, Chai r Save Our Downtown Regarding Staff's responses 1-5 to our Appeal : Staff: "SLO Brewing Company's proposed relocation to the existin g establishment will likely result in an expiration of the Night Clu b Use Permit at the 1119 Garden Street location " My Response : "LIKELY" is not good enough! This should be in the conditions . Staff: "However, the applicant plans use of this space as a banque t hall for weddings, community gatherings, movie screenings, and othe r From : Sent: To : Subject: Agenda Correspondence Grimes, Maev e Monday, September 24, 2012 12 :16 P M Goodwin, Heather FW: Regarding Save Our Downtown's Appeal Of SLO Brew 65% Expansion An d Relocation 1 .events ..." My Response : Maximizing the use of this space will only exacerbate the problem ! Staff: "This will include upgrades to creek-side patio lighting withi n the subject property and an evaluation, and possible upgrade, o f creek-side lighting along the length of the patron queue ." SOD Response : The Creek area should not become lit up like a parkin g lot for the exclusive benefit of Westpac properties . Staff: "Utilizing the rear entrance to the building for events at th e second level is a recommendation of the Police Department to avoi d lines of patrons along Higuera Street . This also provides compatibility with neighboring businesses by not obscuring a building's entrance with a patron line or inviting vandalism . Staff recommended conditions of approval (#23) require security staff to exit post-concert patrons to Higuera Street to avoid the creek-side routes becoming post- concert overflow ; supported by the Polic e Department ." SOD Response : If most retail shops on Higuera close at 6 :00 P .M . why would obscuring a building's entrance be a problem? What about vandalism in the Creek which cannot be as easily monitored? Also , security staff CANNOT be trusted alone to handle these kinds o f crowds . See Staff Response 5 : "Furthermore, staff performed a n analysis of adjacent downtown businesses hours of operation to ensur e an offset of hours between business closing times and liv e entertainment at the proposed second level auditorium (Attachment 7, Adjacent Business Hours of Operation Table). The analysis indicate s the average closing times of adjacent businesses to be 6 :00 p.m." Staff: "Although it is still too early to draw conclusions about the impact of the ordinance and the SNL on downtown alcohol problems, th e Police Department has recent statistics showing a relative decrease i n downtown alcohol-related incidents ." SOD Response : A 65% increase in SLO Brew use (i .e ., 1,221 patron s converging onto one location) will INCREASE violations far and awa y beyond the 10-15% decrease last year in public intoxication, urinatio n and assault misdemeanors . Staff: "The proposed project is the relocation of an existing alcoho l outlet and does not result in a new alcohol license in the downtown ." SOD Response: This proposal is commensurate to granting anothe r alcohol license as SLO Brew will increase its capacity by 65%. Staff: "Also, nightclub activities are interior to the building's second level auditorium where noise will be inaudible from outdoo r areas surrounding the subject location ." SOD Response: None of the noise analysis addresses noise emanatin g from pre-concert and post-concert activities . Staff: "Parking was calculated based on the change in use from retai l (1 parking space required per 500 square feet of gross floor area) t o restaurant/bar/nightclub (1 parking space required per 350 square fee t of gross floor area) utilizing the gross floor area of each floor ." SOD Response : What about 17 .16 .060 Parking space requirements ? Night club parking requirement : "One space per 60 square feet floor or outdoor ground area fo r customer use, including seating and dancing areas, plus one space pe r 100 square feet food preparation area " Public assemply parking requirements : 2 ."One space per four fixed seats or one space per 40 square feet o f assembly area without fixed seats" Information from ESET Endpoint Antivirus, version of virus signature database 7510 (20120924 ) The message was checked by ESET Endpoint Antivirus . http ://www.eset .co m Information from ESET Endpoint Antivirus, version of virus signature database 7511 (20120924 ) The message was checked by ESET Endpoint Antivirus . http ://www .eset .com 3 RECEIVE D SEP 24 201 2Goodwin, Heathe r From: Sent: To : Subject : Grimes, Maev e Monday, September 24, 2012 1 :16 P M Goodwin, Heathe r FW : PHI . Appeal of the Planning Commission's Approval of SLO Brewing Compan y relocation in the Historic Downtown Commercial (C-D-H) zone SLO CITY CLER K AGENDACORRESPONDENC E Date 7 19-'5-11Z-ltem#PH) More on SLO Bre w 9vlaeve 9Cennea?y Grime s City Cler k City of San Luis Obisp o 990 Palm Street San Luis Obispo, CA 93401-324 9 (805) 781-710 2 From :Marx, Ja n Sent :Sunday, September 23, 2012 8 :42 P M To :carolyn smith ; Carpenter, Dan ; Carter, Andrew ; Smith, Kathy; Ashbaugh, Joh n Cc :Lichtig, Katie ; Grimes, Maev e Subject:RE : PHI . Appeal of the Planning Commission's Approval of SLO Brewing Company relocation in the Histori c Downtown Commercial (C-D-H) zon e Thank you for your input on this issue, Carolyn . I am including our city manager and city attorney in this response, s o that your email is made part of the public record . Since this item is on our agenda, the Brown Act prohibits counci l members from discussing it on line--that must only happen in open session at a public hearing . All the best, Ja n Jan Howell Marx Mayor of San Luis Obisp o (805) 781-7120 or (805) 541-271 6 From :carolyn smith [cjsmith_107@yahoo .com ] Sent :Sunday, September 23, 2012 7 :41 P M To :Marx, Jan ; Carpenter, Dan ; Carter, Andrew; Smith, Kathy ; Ashbaugh, Joh n Subject :PHI . Appeal of the Planning Commission's Approval of SLO Brewing Company relocation in the Histori c Downtown Commercial (C-D-H) zon e Mayor Marx and Council Members : I am writing to support Save Our Downtown's appeal of the relocation and expansion of SLO Brew t o the Carrissa Building on Higuera Street . After reviewing staffs report, it is apparent that moving an d expanding this venue will allow for a significant increase of occupants . I believe this increased occupancy will create a greater burden on our police department resources by having to deal wit h even more drunken behavior than they already encounter . There will not only be increased alcoho l related crime in the immediate downtown area, which is already plagued with severe alcoho l problems, but in the neighborhoods as well . This type of large concert venue will draw young peopl e from other cities, not just local residents . Some will drive home while drunk and others will stagge r into our neighborhoods--yelling and committing offenses due to a lack of sober judgment . Man y 1 neighborhoods throughout the city are already overburdened from crimes due to alcoho l abuse (noise, vandalism, assaults, thefts, public urination, litter, etc .) and approving this expansio n will only add to those problems . Even if the owners provide private security guards during th e concerts, will those guards follow the drunken patrons home to make sure they don't drive drunk o r cause problems on their way home in our neighborhoods?—I think not . Further, the noise from this larger facility (particularly during concerts) will be extremely disturbin g and create a chronic noise enforcement problem . There are not only homes in nearby residentia l neighborhoods but there are now (and will be more in the future) residents living in mixed us e projects very close to this proposed venue . They will be plagued by severe noise . You realistically cannot muffle those loud sub-woofers—they will vibrate homes for several blocks . A similar venu e across town, the Graduate, has had numerous noise complaints and other problems negativel y affecting adjacent neighborhoods over the years, and I expect the proposed expansion of SLO Bre w will create similar problems . There are far too many alcohol outlets in the downtown area . I recently heard a number of 5 7 alcohol outlets in the downtown core . I have lived in SLO for 32 years, and I believe this hig h concentration of alcohol outlets has drastically and detrimentally changed the character of ou r downtown . Allowing a larger alcohol outlet will only add to that damage . I urge you to grant this appeal . Carolyn Smit h San Luis Obisp o Information from ESET Endpoint Antivirus, version of virus signature database 7510 (20120924 ) The message was checked by ESET Endpoint Antivirus . http ://www .eset .co m Information from ESET Endpoint Antivirus, version of virus signature database 7511 (20120924 ) The message was checked by ESET Endpoint Antivirus . http ://www .eset .com 2