HomeMy WebLinkAbout09-25-2012 ph1 slo brew permit appealcounci lj!awenba nepont
C I T Y O F S A N L U I S O B I S P O
FROM :Derek Johnson, Community Development Directo r
Prepared By :Marcus Carloni, Assistant Planne r
SUBJECT:APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A NIGH T
CLUB (SLO BREWING COMPANY) RELOCATION IN THE HISTORIC
DOWNTOWN COMMERCIAL (C-D-H) ZONE .(A 57-12).
RECOMMENDATIO N
Adopt the resolution (Attachment 12), denying the appeal, and upholding the Plannin g
Commission's action to approve the nightclub relocation within the Downtown Commercial zone ,
based on findings, and subject to conditions .
SITE DATA
Meeting
Date Sept . 25,201 2
Item Number PH I
Applicant
Representativ e
•Zonin g
General Pla n
Site Are a
Environmenta l
Status
Hamish Marshall : San Lui s
Downtown Managemen t
Carol Florence : Oasis Associates ,
Inc .
C-D-H (Historic Downtow n
Commercial )
General Retai l
10,800 square fee t
Exempt from environmenta l
review under Class 1 (Sectio n
15301),Existing Facilities, of th e
CEQA Guidelines .
REPORT-IN-BRIE F
San Luis Downtown Management is requesting the approval of a Use Permit to operate a nightclu b
and restaurant/bar at 736/738 Higuera Street as the new location for the existing SLO Brewin g
Company, currently located at 1119 Garden Street .
736/738 Higuera contains the 15,000 square foot two-story Master List Carissa Building (c . 1905 )
which currently accommodates two ground floor retail storefronts with offices on the second floor .
The floor plan would be modified to accommodate a first level restaurant/brewery with outdoo r
dining along Higuera Street (not within the public right-of-way) and along San Luis Obispo Creek .
The second floor would contain an auditorium (event space) and offices . The roof of the buildin g
would contain a new 1,099 square foot roof-top patio, oriented toward the creek . A timely appea l
of the Planning Commission's approval was filed by Save Our Downtown (SOD) July 20, 2012 .
PHI-1
Council Agenda Report — Appeal of SLO Brewing Co . Relocation (A 57-12 : 736/738 Higuera Street)
Sept. 25, 2012 Page 2
Planning Commission Review
The Planning Commission (PC) unanimously approved the project on July 11, 2012 based o n
findings and subject to conditions (Attachment 9, Planning Commission Resolution). The Plannin g
Commission supported the conclusions in the staff report regarding noise, circulation, and securit y
concerns . Planning Commission modifications to the proposed conditions included ; 1) closing the
roof level patio at 11 :00 p .m . (condition #12) and ensuring outdoor areas (i .e . outdoor dining an d
roof patio) do not open before 9 :00 a .m . during special event hours (condition #34), 2) evaluation o f
creek-side lighting levels and upgrades to path lighting (including the length of the queue )
(condition #24), 3) prohibiting post 9 :00 p .m . tour bus parking on Monterey Street or Broad Stree t
north of Monterey Street (condition #26), and 4) requiring a noise analysis with mitigations for th e
proposed steel staircase at the rear of the building to reduce any noise impacts to City acceptabl e
standards (condition #35).
Appeal
On July 20, 2012, Save Our Downtown (SOD) filed an appeal . Reasons for the appeal include th e
following ; 1) concerns regarding the number of alcohol-outlets in the downtown and their impact s
on neighboring uses, 2) use of the creek-side patron queue rather than focusing patrons to th e
Higuera Street entrance, 3) required parking for the new use, and 4) creek-side lighting levels .
Municipal Code Section 17 .66 is included as Attachment 8 and provides the process for appealing
Planning Commission decisions, which are scheduled for a public hearing before the City Council .
DISCUSSION
Project Descriptio n
The applicant proposes to relocate the existing SLO Brewing Company business to the subjec t
location in association with the recently approved Garden Street Terraces project . Externa l
improvements along Higuera Street include a new rounded storefront system with counter seatin g
and tables and chairs, and addition of a metal awning . Improvements at the rear of the building
(creek-side) include removal of the existing upper level offices and associated wood beams, an d
removal of the wood stair to be replaced with an external staircase leading to a roof level patio . Sit e
development also includes removal of the existing 36 inch diameter Black Walnut tree (the Cit y
Arborist has inspected the tree and has authorized its removal subject to final review by th e
Architectural Review Commission); patio dining, and upgrades to the creek-side patio area ; the re -
leveling of pavers (on-site and the length of the patron queue) and an evaluation of, and possibl e
upgrade to, creek-side lighting (on-site and potentially the length of the queue).
The proposed floor plan will include a first level (street level) restaurant/bar and brewery, wit h
outdoor dining along Higuera Street and at the back of the building along San Luis Obispo Creek .
The first floor will also include space for ambien t 'live entertainment. The second level will includ e
offices and an approximately 3,000 square foot concert venue/auditorium . The auditorium will als o
include a bar, and a moveable partition to enclose the space for performances with a smaller crowd .
Zoning Regulations Chapter 17i00 . Ambient Entertainment. Acoustic or recorded music, or live readings of book s
or poetry, which is clearly incidental, that allows for normal conversation levels, and for which no cover fee or ticke t
is required .
PH1-2
•
•
•
Council Agenda Report — Appeal of SLO Brewing Co . Relocation (A 57-12 : 736/738 Higuera Street )
Sept .25, 2012 Page 3
The applicant proposes construction of a roof level patio atop the back (creek side) of the buildin g
at approximately 1,000 square feet . The patio will include customer seating and a bar . The applican t
proposes ambient level recorded music for the rooftop patio .
Occupant load at the subject location, as compared to the current SLO Brewing Company locatio n
is as shown below .
Unconcentrated Tables/Chairs-Normal Operatio n
(Max Persons )
Restaurant/Bar/Brewer y
Roof Patio
Concentrated Use (Max Persons)*
Restaurant/Bar/Brewery 284
476
68%
*Concentrated Use proposes increased occupancy due to replacing some of the restauran t
tables/chairs with tall bar tables, typically during late night operation . See Attachment 3 ,
page 3
The applicant proposes to maintain hours of operation which are as shown below . The Plannin g
Commission approved general operation hours of 11 :00 a .m . to 2 :00 a.m . Monday through Friday ,
and 9 :00 a .m . to 2 :00 a.m . Saturday and Sunday . After the Planning Commission's approval of th e
project the applicant expressed interest in earlier opening hours (7 :00 a .m . daily) to provide
breakfast service at the restaurant . Staff is supportive of this request, reflected through modificatio n
of condition #5 .
Monday-Sunda y
*Roof level patio will close no later than 11 :00 p .m .
**Winter/Spring graduation, St . Patrick's Day, Cinco de Mayo
***Outdoor areas cannot open before 9 :00 a .m . during special event hour s
This request to relocate the nightclub use to the Carrisa building will help the property owners mee t
the ir unreinforced masonry (URM) strengthening obligations . The Carrisa building met Level A
•strengthening requirements in 1995 . Level A strengthening provides 75% better safety b y
connecting the roof and floor assemblies to the walls of the building . Additionally, the parapets are
•
•
98 162 %
0
25 7
49
PH1-3
Council Agenda Report – Appeal of SLO Brewing Co .Relocation (A 57-12 : 736/738 Higuera Street )
Sept .25, 2012 Page 4
braced which reduces the hazard to the public right-of-way . Although the complete strengthenin g
of the Carissa building was due July 1, 2012, the building owners have been collaborating with th e
Chief Building Official and have made progress by submitting this request for relocation of th e
nightclub that is currently approved at 1119 Garden Street . The property owners have proposed a
coordinated effort to help facilitate and propel the Garden Street Terraces project forward . Th e
relocation will facilitate full URM upgrades to the Carissa building and the 1119 Garden Stree t
building. It may also facilitate strengthening of 1119 Garden Street prior to the January 2015 du e
date .
Circulation
The project proposes to allow pedestrian access from both sides of the building, facing San Lui s
Obispo Creek and Higuera Street . The firstlevel of the building will be accessed from its mai n
entrance along Higuera Street and its secondary entrance at the rear of the building along the creek .
The second level will have three points of access ; an internal staircase from Higuera Street, a n
internal elevator from the first floor, and the proposed external staircase at the creek-side entranc e
to the building. When the second level auditorium is scheduled for use as a concert venue or other
event with high patron volume, the applicant proposes use of the building's creek-side entrance a s
the main entrance ; queuing patrons along the creek-side pedestrian easement as shown i n
Attachment 4 . The creek-side queuing of patrons was recommended by the City's Polic e
Department to the applicant during the preliminary planning phase of the project, to mitigate patro n
queuing along Higuera Street . The applicant also proposes to use the routes shown in Attachment 4
for loading and unloading of band equipment. Attachment 4 illustrates the two proposed pedestria n
routes for queuing of concert patrons and loading/unloading of equipment ; route A uses Missio n
Plaza's Warden Bridge when an event is not taking place at Mission Plaza, and route B uses th e
pedestrian bridge subject to Mission Plaza event activities .
The City currently has a funded Capital Improvement Plan project for maintenance to the Warde n
Bridge . The project includes smoothing/re-leveling of the existing surface, new code-complian t
guard rails, and a new handrail along the west portion of the bridge . The project is scheduled t o
begin January of 2013 and will take approximately one month to complete . The maintenance projec t
will be completed prior to the proposed relocation of SLO Brewing Company .
With approval of the use and associated increased foot-traffic over the Warden Bridge, the Cit y
consulted with its insurance authority, the California Joint Powers Insurance Authority (CJPIA), t o
identify and address potential liability concerns arising from access to the proposed concert venu e
being taken across the Warden Bridge . Due to the intensification of use and the proposed queuin g
on the bridge, the CJPIA has recommended that the City should condition approval of the permit on
an indemnification provision to mitigate against any liability that could be alleged against the Cit y
as a result of the project's use of the bridge . This recommended condition has been added to th e
resolution as condition #36 .
The roof level patio,like the second level, will have three points of access ; an internal staircas e
from Higuera Street, an internal elevator from the first and second floors, and an external staircas e
at the creek-side entrance to the building .
•
•
•
PH1-4
Council Agenda Report –Appeal of SLO Brewing Co . Relocation (A 57-12 : 7361738 Higuera Street)
•
Sept . 25, 2012 Page 5
Staff Evaluation :Circulation issues with potential impacts to surrounding areas include th e
following; 1) effect on nearby residents/businesses and police resources of a high volume o f
concert patrons exiting the building during late night hours, and 2) effect on nearby resident s
of post-concert bus loading during late night hours .
1)Conditions of approval (#23) require security staff to exit post-concert patrons throug h
the building's second level Higuera Street entrance/exit (rather than through th e
building's creek-side entrance/exit); the Police Department is supportive of the propose d
route. Conditions (#24 & #25) also require upgrades along the creek-side patron route s
(Routes A and B, Attachment 4), as necessary, to upgrade lighting and remove an y
obstructions/uneven pavement, to the satisfaction of the Community Development an d
Public Works Departments .
2)The applicant proposes utilizing routes A and B (Attachment 4, Circulation Plan) t o
load/unload equipment to/from the subject location . To address the potential nois e
impacts on nearby residents due to late night loading/unloading of band equipment ,
conditions of approval (#27) require bus engines and related generators to be switche d
off while equipment and personnel are loaded/unloaded . Conditions (#26) require bu s
parking locations for loading/unloading of equipment be approved by the City's Parkin g
Division . Additionally, as conditioned by the Planning Commission (#26), post 9 :0 0
p .m . bus loading/unloading shall not occur along Monterey Street or along Broad Stree t
north of Monterey Street .
A sound level assessment (Attachment 5) was prepared to address the potential for adverse nois e
effects on neighboring businesses and residents . The report recommends the "acoustic isolation" o f
the second level auditorium space from the exterior of the building as well as from the first and roo f
levels . This will be accomplished through the use of an acoustically designed air handling system ,
•rigid fiberglass panels/acoustically engineered gypsum board, acoustically designed windo w
glazing, and "air-locking" of second level entry and exit areas . The applicant also proposes a
•
Noise
PH1-5
Council Agenda Report — Appeal of SLO Brewing Co . Relocation (A 57-12 : 736/738 Higuera Street)
Sept. 25, 2012 Page 6
Gyperete mass floor to dampen vibration between the first and second levels . The sound leve l
assessment establishes an overall sound reduction of 50 to 70 dB and states the second floor spac e
will be inaudible in the outdoor areas surrounding the subject location . With these incorporate d
mitigation measures the second floor auditorium will comply with the City's Noise Ordinance .
The sound level assessment provides an analysis of noise generated by the roof level pati o
(Attachment 5, Figure 4 and Attachment 5 Addendum). Sound level contours are based on patron
voices with recorded background music (Attachment 5 Addendum, Figure 3 & 4) assuming a n
approximate 80 dB noise source . The applicant recognizes the potential for adverse noise effects on
neighboring uses and has agreed to provide a transparent sound barrier (above head height) atop th e
42 inch high barrier (Attachment 3, sheet 4) to help mitigate sound . The transparent sound bathe r
will be recessed from the edge of the building so that it does not interfere with the architectura l
elements of the building . Comparing Figure 4 to Figures 1 and 2 of Attachment 5 Addendu m
indicates sound levels emanating from the roof top patio to be no higher than current ambient nois e
level .
Staff Evaluation :Potential noise issues associated with the proposed use include th e
following; 1) late night noise from bar operation on the first level, 2) musical events an d
associated patrons at the second level auditorium, and 3) conversation/music levels at the
roof level patio .
1)To address noise concerns with proposed late-night bar operation on the first level of th e
building, conditions of approval (#11 & #14) require all doors and windows to be close d
during entertainment and ensure recorded music and live performances are clearl y
incidental allowing for normal conversation levels, consistent with the City's definitio n
of ambient entertainment .
2)As proposed by the applicant and noise consultant, sound attenuating measures for th e
second level auditorium will mitigate sound to a level that will be inaudible in th e
outdoor areas surrounding the subject location . Conditions of approval (#23) address th e
potential noise impact of patrons leaving the second level auditorium upon conclusion o f
an event .
3)Noise from the roof level patio may affect nearby uses including nearby single-famil y
residences along Monterey Street . Monterey and Palm Street residents have expresse d
concerns about additional noise generators and this project . Conditions of approval (#13 )
require a transparent sound barrier atop the 42 inch high guard (shown on Attachment 3 ,
sheet 4). Inclusion of this sound bather will lower the noise level by approximately 1 0
dB, making noise from this source no higher than existing ambient noise levels shown in
Figure 1 of Attachment 5 and Figures 1 and 2 of Attachment 5 Addendum . As shown i n
the applicant's sound level assessment (Attachment 5), the roof level patio will compl y
with the City's Noise Ordinance . Additionally, the roof level patio is conditioned (#12 )
to close no later than 11 :00 p .m . nightly .
Security
The applicant's security plan (Attachment 6) includes a professional Manager and/or owner o n
premises during all hours of operation, two front doormen and one back doorman on duty during all
•
•
•
PH1-6
Council Agenda Report – Appeal of SLO Brewing Co . Relocation (A 57-12 : 736/738 Higuera Street)
Sept . 25, 2012 Page 7
entertainment events, and two stage-side security personnel as needed . The applicant proposes
cooperation with, and attendance of, San Luis Obispo Police Department (S .L.O .P .D .) and
Department of Alcoholic Beverage Control (A .B .C .) training programs .
Staff Evaluation :Conditions of approval (#22) require an orderly line of patrons awaitin g
entry to the building that does not block public access on, or use of, the walkways, to b e
patrolled and maintained by security personnel . Conditions also include (#21) daily cleanu p
of pedestrian routes and cleanup of any trash associated with the business in Mission Plaza .
Conditions (#15) also require the security plan be updated and formalized to reflec t
operation at the 736/738 Higuera location including a floor plan detailing location and dutie s
of security personnel and security maintenance of patron lines, to the satisfaction of th e
Police Department .
Use Permit Resolution Summar y
Conditions of approval for the Use Permit ensure the use is consistent with the City's adopte d
General Plan and performance standards found in the City's Municipal Code . Conditions (#14)
include the mandatory closing of windows and doors during entertainment to reduce noise an d
crowd impacts on adjacent businesses and residences, the requirement for maintenance of a vide o
recording system (#28), ensuring on-going security/safety training (#19 & #20) for new staf f
personnel and the proper maintenance and clean-up of the site and its surroundings (#21).
• Conditions (#18) also require a manager be present and available for contact by a Cit y
representative and/or adjacent property owners/tenants during events to minimize the need fo r
police response to minor issues . Conditions of approval provide consistency with adopted Cit y
policy to manage alcohol outlets and reduce the number of alcohol-associated incidents/impacts o n
police resources to promote a safer downtown environment .
Conditions (#31) also require an automatic review hearing one year from date of occupancy t o
monitor and report on the compliance with the conditions of approval and compatibility with th e
project site and uses in the vicinity . The one-year review will be an opportunity to determine if an y
conditions need to be modified, added or deleted based on the operational characteristics of th e
business .
Use Permit Modification s
Since approval of the Use Permit by the Planning Commission, staff has continued to review th e
conditions of approval and recommends the following modifications should the City Council den y
the appeal and approve the project . The recommended modifications are shown i n
strikethroughlunderline format in the attached resolution (Attachment 12), and the following is a
summary of staff recommended modifications :
Condition #5 : Modified to allow earlier 7 :00 a .m . opening of the business to allo w
breakfast service for the restaurant . Outdoor areas shall not open prior t o
9 :00 a .m . during approved special events, per condition #34 .
•Condition #22 : Clarification language added to ensure management of outdoor crowds .
PH1-7
Council Agenda Report — Appeal of SLO Brewing Co . Relocation (A 57-12 : 736/738 Higuera Street)
Sept . 25, 2012 Page 8
Condition #25 : Clarification language added to provide the applicant with clear direction for
path upgrades .
Condition #36 : Added indemnification provision based on discussion and recommendation s
by the California Joint Powers Insurance Authority .
Conditions #4, 5, 7, 8, 10, 14, 15, 18, 26, 31, 32, & 34 : Language added for clarificatio n
Appea l
On July 20, 2012, Save Our Downtown (SOD) filed an appeal (Attachment 8) of the Plannin g
Commission's decision to approve SLO Brewing Company's relocation . The reasons for appea l
include the following ; 1) concerns regarding the number of alcohol outlets in the downtown an d
their impacts on neighboring uses, 2) use of the creek-side patron queue rather than focusin g
patrons to the Higuera Street entrance, 3) required additional parking for the new use and creek-sid e
lighting. The appeal issues as stated in the letter and staff responses are provided below :
1 . "Save Our Downtown is concerned about maintaining the `quality of life' that currentl y
exists in downtown San Luis Obispo . In that regard, we are concerned about the continuin g
deterioration of our Downtown's family-friendly ambiance resulting from the curren t
approval of too many alcohol-related use-permits . We are also concerned that ou r
Downtown will lose its standing as a viable retail center by increasing the geographica l
footprint of alcohol-related uses ...uses that cater almost exclusively to college students .
Finally, the Council's emphasis on increasing workforce housing in the Downtown core is i n
direct conflict with this proliferation of alcohol outlets, especially those that will generat e
noise and attract large crowds of young inebriated people into the quieter parts of our Cit y
(i .e . the Mission Plaza and along San Luis Creek)."
Staff Response 1 : SLO Brewing Company's proposed relocation to the existin g
establishment will likely result in an expiration of the Night Club Use Permit at the 111 9
Garden Street location 2 . The applicant indicated intentions to discontinue the nightclu b
use at the 1119 Garden Street location at the July 11, 2012 Planning Commission hearin g
to facilitate a restaurant (with accessory bar) associated with the proposed hotel for th e
approved Garden Street Terraces project, with unreinforced masonry (URM) upgrades to
take place at the 1119 Garden Street location upon approval of SLO Brewing Company's
relocation . The applicant additionally indicated that the construction of the Garden Street
Terraces project and related URM improvements to the existing SLO Brewing Compan y
building would lake in excess of one year, expiring the existing Use Permit pursuant to
section 17 .58 .030 .C1 of the City's Municipal Code 2 .
As noted in staff response 5 below, the applicant's plan to reverse the floor plan (a s
compared to SLO Brewing Company's current 1119 Garden Street location) and includ e
2 City of San Luis Obispo Municipal Code Chapter 17 .58 Use Permits . Section 17 .58 .030 .0 I :When a use that wa s
allowed by approval of a Use Permit ceases operation for one year or such other time period as specified in th e
conditions of approval, then reinstatement of that use will be allowed only with approval of a new Use Permit .
PH1-8
•
•
Council Agenda Report —Appeal of SLO Brewing Co . Relocation (A 57-12 : 7361738 Higuera Street )
Sept .25, 2012 Page 9
a ground floor restaurant with outdoor dining provides a pedestrian oriented ground floor
environment and compatibility among neighboring uses . The second floor auditoriu m
contains space for live entertainment events, such as concerts . However, the applicant
plans use of this space as a banquet hall for weddings, community gatherings, movi e
screenings, and other events consistent with Land Use Element Society and Econom y
goal #24 3 : to serve as the County's hub for entertainment and cultural services .
Additionally, the City is updating the Land Use and Circulation Elements of the Genera l
Plan . The policy evaluation of uses in the downtown including alcohol outlets is in th e
scope of work for this update process .
2."The San Luis Creek Walk area should not become the overflow area for alcohol-related ,
anti-social activities . The San Luis Creek area is not suited to nighttime activities and ther e
are already in place adequate police surveillance of anti-social activities along Higuer a
Street . We are recommending that all nightclub activities be focused onto Higuera Street ."
"The City should not approve routes A, over the Warden Bridge, and B, over the Pedestria n
Bridge, accommodating queuing onto Mission Plaza and along the Creek Walk . Queuin g
should only be on Higuera Street as this street is already adequately policed and lighted ."
Staff Response 2 : The applicant proposes revitalizing the creek-side portion of th e
subject property through the use of outdoor dining associated with the restaurant . Thi s
will include upgrades to creek-side patio lighting within the subject property and a n
evaluation, and possible upgrade, of creek-side lighting along the length of the patro n
queue .
As discussed in the Circulation and Security sections above, the applicant proposes use o f
two pre-event patron queuing routes (Attachment 4), for events of high patron volume a t
the second level auditorium . This creek-side queue will access the second leve l
auditorium via the rear stair entrance . Utilizing the rear entrance to the building for event s
at the second level is a recommendation of the Police Department to avoid lines o f
patrons along Higuera Street . This also provides compatibility with neighborin g
businesses by not obscuring a building's entrance with a patron line or invitin g
vandalism . Staff recommended conditions of approval (#23) require security staff to exi t
post-concert patrons to Higuera Street to avoid the creek-side routes becoming post -
concert overflow ; supported by the Police Department .
3."The findings (finding #3) only refer to impacts at the `street level' (i .e ., Higuera Street).
There is no reference whatsoever to impacts on the San Luis Creek Walk . Pedestrian
impacts on Mission Plaza and the Creek Walk are not addressed here ."
Staff Response 3 : The proposed project will revitalize the creek-side by providing creek -
side dining, pathway re-leveling, and additional lighting . The patron routes (Attachmen t
•City of San Luis Obispo General Plan : Land Use Element . Community's Goals, Society and Economy : San Lui s
Obispo should serve as the County's hub for : county and state government ; education ; transportation ; visito r
information ; entertainment ; cultural, professional, medical, and social services ; community organizations ; retail trade .
•
•
PH1-9
Council Agenda Report — Appeal of SLO Brewing Co . Relocation (A 57-12 : 736/738 Higuera Street)
Sept. 25, 2012 Page 1 0
4) provide a creative entrance to the building for pre-concert queuing of event patrons ;
alleviating queued lines along Higuera Street, which could obscure a building's entrance .
Staff recommended conditions of approval (#22) require specific placement of queue d
lines to be regularly patrolled by security personnel .
4 . "The San Luis Police Department – not the developer's security guards – will necessarily b e
involved in addressing the increased proliferation of assaults and sex offenses that will tak e
place within the creek area as a result of this new use . These activities are likely to occu r
within the Creek area as a result of poor lighting and significant vegetative obstruction t o
police surveillance . (However, we are not suggesting that the Creekside be fully-lighted, a s
if it were an empty parking lot). These concerns are partially addressed in the conditions bu t
only after this facility is fully permitted and operational and we fmd this unacceptable ."
Staff Response 4 : The Police Department does not consider SLO Brewing Company t o
be a problem location and has indicated a close working relationship with the applicant a t
the current SLO Brewing Company location (1119 Garden Street) that will continue a t
the subject location . For the past two years, staff has been collecting information an d
developing strategies to reduce public safety problems and negative impacts associate d
with alcohol outlets . This effort culminated . in new Zoning Regulations, enhance d
standard conditions, and the Deemed Approved Ordinance which were approved by
Council on July 10, 2012, and became effective August 10, 2012 . The ordinances wil l
have a positive effect on downtown alcohol problems and the process yielded the creatio n
of the Safe Night Life Association (SNL), a group comprised of downtown bar,
nightclub, and restaurant owners/operators . Although it is still too early to tha w
conclusions about the impact of the ordinance and the SNL on downtown alcoho l
problems, the Police Department has recent statistics showing a relative decrease i n
downtown alcohol-related incidents .
2010-2011*2011-2012**Reductio n
Urinating 63 55 13 %
m5kyr,
Alcohol in Public 115 50 57 %
Assault Misdemeanor 33 28 15%
`09/01/2010 through 02/28/201 1
"'09/01/2011 through 02/28/201 2
Conditions 7-10, 15, 16, 18-20, 22-24, 28 and 29 are security related conditions .
Specifically, condition #15 requires a security plan including a site plan/floor pla n
detailing the locations and duties of security personnel and noting regula r
maintenance/patrol of the patron queue to be approved by the Police Department an d
Community Development Director prior to release of occupancy . This condition als o
requires a security plan and site/floor plan to be submitted for annual review an d
approval of the Police Department . Condition #24 requires an evaluation of creek-side
•
•
•
PH1-1 0
•
•
•
Council Agenda Report - Appeal of SLO Brewing Co . Relocation (A 57-12 : 736/738 Higuera Street)
Sept .25,2012 Pag e 1 1
lighting levels including on-site lighting and lighting for the length of the creek-sid e
patron queue . This information will be included with plans submitted for a buildin g
permit and will likely require an upgrade to path lighting upon review by th e
Community Development Department . These upgrades will be constructed prior t o
release of occupancy (before the business is operational).
5."As conditioned, the proposed use is NOT compatible with retail even if potentia l
disturbances and criminal activities are minimized . We question the nightclub usag e
associated with the 600-seat auditorium between the hours of 6 :00 P .M . and 1 :00 A .M .
Already, retail proprietors are complaining about the difficulty of maintaining late busines s
hours in the presence of bars and alcohol outlets . How could this new alcohol-relate d
activity possibly enhance prospects for more needed retail development in the downtown?"
Staff Response 5 : The proposed project is the relocation of an existing alcohol outlet an d
does not result in a new alcohol license in the downtown . The current SLO Brewing
Company location (1119 Garden Street) includes a first level auditorium and second leve l
restaurant, while SLO Brewing Company's relocation to the subject location reverses thi s
floor plan and provides a restaurant with outdoor dining along Higuera Street at the street
level and a second level auditorium (and roof level patio). Reversing the floor plan t o
position a restaurant with outdoor dining at the street level provides pedestrian oriente d
ground floor environment and compatibility among neighboring uses, consistent wit h
Land Use Element police 4 .16 .1 . Also, nightclub activities are interior to the building's
second level auditorium where noise will be inaudible from outdoor areas surrounding th e
subject location (see Figures 5 and 6 of Attachment 5, Sound Level Assessment).
Furthermore, staff performed an analysis of adjacent downtown businesses hours o f
operation to ensure an offset of hours between business closing times and liv e
entertainment at the proposed second level auditorium (Attachment 7, Adjacent Busines s
Hours of Operation Table). The analysis indicates the average closing times of adjacen t
businesses to be 6 :00 p .m . Staff recommended conditions of approval (#5) prohibi t
second level events before 6 :00 p .m . to offset with the average 6 :00 p .m . closing times o f
neighboring uses . Also, as discussed in staff responses 2 and 3 above, queuing of pre -
concert patrons at the back entrance to the building provides compatibility wit h
neighboring businesses by not obscuring a building's entrance with a patron line . A s
conditioned, the proposed use is compatible with existing and potential uses in th e
vicinity .
6."There should be in-lieu parking fees assessed for the 600-seat auditorium in addition to th e
in-lieu fees for parking related to the change from retail to restaurant ."
Staff Response 6 :The parking in-lieu fees were calculated in accordance with Chapter
4 .30 Parking In-Lieu Fees of the City's Municipal Code [City Council Ordinance No .
1101 (1987) and 1422 (2002)]. Parking was calculated based on the change in use fro m
retail (1 parking space required per 500 square feet of gross floor area) t o
restaurant/bar/nightclub (1 parking space required per 350 square feet of gross floo r
area) utilizing the gross floor area of each floor. The buildings change in use amounts t o
PHI-11
Council Agenda Report — Appeal of SLO Brewing Co . Relocation (A 57-12 : 736/738 Higuera Street )
Sept .25, 2012 Page 1 2
approximately 12 .5 parking spaces with no overall increase in floor area due to remova l
of a 1,713 square foot mezzanine . The change in occupancy in-lieu fee is $4,582 per
space which amounts to approximately $57,000 .
7."The planning, funding and installation of improved lighting in the Mission Plaza and Cree k
Walk area should take place before the 600-seat auditorium is operational and no t
afterwards ."
Staff Response 7 : The project, as conditioned by staff and approved by the Plannin g
Commission, is required to provide an evaluation and possible upgrade of creek-sid e
lighting levels including the length of the patron routes, to be provided for review an d
approval by the Police and Community Development Departments . The conditio n
requires this information be included with plans submitted for a building permit . A s
conditioned, upgrades to creek-side lighting will take place prior to release of
occupancy by the Community Development Department .
8."This is typical "ad hoc" planning . The city knows that assaults and sex offences will likel y
occur within the Creek Walk area and because of this, the City places all responsibility o n
the developer . Only after these assaults and sex offences occur will the City then determin e
if this is an incompatible use . But the question needs to be asked : Is the City truly absolve d
of all responsibility? Moreover, "ad hoc" planning appears to be the only default option a s
there is no coherent San Luis Creek Master Plan to follow ."
Staff Response 8 :As stated in staff response 4 above, over the past two years staff ha s
been collecting information and developing strategies to reduce public safety problem s
and negative impacts associated with alcohol outlets . Consistent with Council directio n
staff has increased regulation of alcohol outlets through adoption of the Deeme d
Approved Ordinance and enhanced conditions of approval . Also, Police Department
statistics have shown an overall decrease in downtown alcohol-related incidents ,
provided under staff response 4 above . Additionally, condition #36 requires that SL O
Brewing Company indemnify the City against any claims resulting from injury with us e
of the proposed patron queuing routes .
In addition to the Deemed Approved Ordinance and enhanced conditions of approva l
for alcohol outlets, the Land Use and Circulation Element update includes the policy
evaluation of uses in the downtown, including alcohol outlets as part of the scope o f
work .
CONCURRENCE S
The project has been reviewed by the Police, Building, Fire, Public Works, and Transportatio n
departments . Their conditions have been incorporated into the resolution and these department s
have no objection to the project if incorporated conditions of approval are adopted to mitigate an d
address operational concerns and potential conflicts with the downtown neighbors .
CONCLUSION
•
•
•
PH1-12
Council Agenda Report — Appeal of SLO Brewing Co . Relocation (A 57-12 : 736/738 Higuera Street)
•
Sept . 25, 2012
Page 1 3
Staff has evaluated the project's potential impacts and has included newly created conditions of
approval and enhanced existing City standard Night Club Use Permit conditions to address thes e
impacts, and to be consistent with City Council direction for regulation of alcohol outlets .
Conditions of approval address potential impacts (circulation, noise, security, etc .) and ensure th e
project is compatible with neighboring uses and consistent with the General Plan .
Additionally, the proposed project will facilitate the development of Garden Street Terraces,a
major downtown redevelopment project, and will facilitate the full seismic retrofit of the subjec t
location and the 1119 Garden Street location .
The Planning Commission, at its July 11, 2012 hearing, evaluated the project and voted t o
unanimously approve the project, subject to findings and conditions . Staff is recommending denia l
of the appeal, upholding the Planning Commission's approval of the project . If the appeal i s
denied, the applicant must submit design plans that will be reviewed by the ARC and CHC .
Following the approval of planning permits, building permits and any other encroachment permit s
would need to be obtained.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which foun d
•that overall the General Plan was fiscally balanced. Accordingly, since the proposed project i s
consistent with the General Plan, it has a neutral fiscal impact .
ALTERNATIVE S
1.Continue the item . An action to continue the item should include a detailed list of additiona l
information or project modifications required .
2.Direct staff to return to the City Council with the necessary findings to deny the project wit h
prejudice 4 .If the Council takes this alternative, the applicant would be precluded fro m
submitting a substantially similar application for a one year period .
Staff does not recommend this alternative . No evidence has been provided to support th e
appeal points . Public safety and land use compatibility issues have been addressed throug h
design measures and extensive conditions of approval . In a unanimous vote, the Planning
Commission found the project, as conditioned, in compliance with the General Plan .
3.Direct staff to return to the City Council with the necessary findings to deny the project withou t
prejudice . If the Council chooses this alternative, the applicant could submit a similar
application for consideration within a one year period .
Staff does not recommend this alternative . No evidence has been provided to support th e
4 City of San Luis Obispo Zoning Regulations Chapter 17 .64 Repeat Applications . Section 17 .64 .010 .A : When a n
•application made pursuant to these regulations has been denied, no new application which is substantially the same shal l
be filed within one year of the date of the previous denial unless the Planning Commission, for good cause, shall grant
permission to do so, or the Council or Planning Commission shall initiate such application .
PH1-13
Council Agenda Report — Appeal of SLO Brewing Co . Relocation (A 57-12 : 736/738 Higuera Street )
Sept . 25, 2012 Page 1 4
appeal points . Public safety and land use compatibility issues have been addressed throug h
design measures and extensive conditions of approval . In a unanimous vote, the Plannin g
Commission found the project, as conditioned, in compliance with the General Plan . An
action to deny the project without prejudice should include a list of additional information o r
project modifications
ATTACHMENT S
1.Vicinity Map
2.Applicant Project Descriptio n
3.Project Plans (revised August 29, 2012 )
4.Circulation Pla n
5.Sound Level Assessment (May 8, 2012) &Addendum (August 9, 2012 )
6.Security Pla n
7.Adjacent Business Hours of Operation Tabl e
8.Appeal Documentation :Save Our Downtown &Municipal Code Ch.17 .66 Appeals
9.July 11, 2012 P .C . Resolutio n
10.July 11, 2012 P .C . Staff Report (without attachments) &Minute s
11.Public Correspondence as of 9/16/201 2
12.Draft Resolutio n
DISTRIBUTED TO THE CITY COUNCIL :
11" x 17" colored plans
YS.,e:~,
'~3iyR,
T :\Council Agenda Reports\2012\2012-09-25\SLO Brew Permit Appeal (Johnson-Carloni)\E-Council Agenda Report_SLO Brew .docx
PH1-14
NAVICINITY MAP736 Higuer aFile File No ..57-1 2
PHI r15
Attachment 2
•
I .INTRODUCTIO N
Since 1988, SLO Brewing Company has provided a unique entertainment establishment i n
downtown San Luis Obispo . In addition to the brewery and restaurant, its live music venue ha s
provided an opportunity for multi-generations to enjoy a diversity of some of the best talent that th e
music world has to offer . With the approval of the Garden Street Terraces project, coupled with a
desire to enlarge and enhance the live music venue, San Luis Downtown Management LLC propose s
to relocate its operations to 736 & 738 Higuera Street .
II .PROJECT DESCRIPTIO N
SLO Brew is currently located in the historic Union Hardware and Plumbing Compan y
building at 1119 Garden Street . The brewery, restaurant, bar, and music venue will be relocated t o
736/738 Higuera Street, along with its current license to sell alcoholic beverages . (See Appendix B –
Alcohol Beverage License) 736/738 Higuera Street, known as the Carissa Building, is on the City's
Master List of Historic Resources and reflects the early renaissance revival period . Unfortunately, du e
to previous tenant modifications, the ground floor exterior and interior no longer retain their origina l
historic integrity . (See Appendix A – Historic Resource Inventory) The subject property is zone d
Downtown Commercial, which allows for restaurants, night clubs, private meetings and publi c
assembly . This new location will provide for a larger restaurant, enhanced brewery, coffee bar, a n
enlarged music venue, accommodating a larger stage and additional seating, and opportunities fo r
community meetings/banquets . The existing creek side patio and new roof top patio will provide fo r
outside dining opportunities .
•
SLO Brew @ 736/738 Higuera Stree t
Oasis Associates, Inc .
Conditional Use Permi t
16 May 2012 •
1 of 6
PH1-16
Attachment 2
•
B .Applicant's Agen t
OASIS ASSOCIATES, INC .
c/o C .M. Florence, AICP
3427 Miguelito Cour t
San Luis Obispo, CA 9340 1
Phone (805) 541-450 9
cmf(a'toasisassoc . com
D. Project Structural Enginee r
SMITH STRUCTURAL GROU P
c/o Mike Smit h
805 Aerovista Place, Suite 20 4
San Luis Obispo, CA 9340 1
Phone (805) 544-917 3
mike@smithstructural.co m
•
A . Project Applicant
SAN LUIS DOWNTOWN MANAGEMENT, LL C
c/o Hamish Marshal l
895 Aerovista Place, Suite 10 0
San Luis Obispo, CA 9340 1
Phone (805) 544-734 3
hamish(awestpacusa .co m
C . Project Architec t
BRACKET ARCHITECTURE OFFIC E
c/o Bryan Ridle y
PO Box 181 0
San Luis Obispo, CA 9340 6
Phone (805) 704-053 5
bryanridleydesign@pmail .com
E . Acoustical Consultan t
45 DB .COM ACOUSTICS CONSULTIN G
c/o David Lord, Ph . D .
P .O . Box 140 6
San Luis Obispo, CA 9340 6
Phone (805) 704-804 6
dl@45dB .co m
F.Architectural Design - Exterio r
Along Higuera Street th e
historically significant features o f
the Carissa Building's facade ,
estimated to be built in 1905, wil l
be retained . These include :
cornices with large brackets ;
intermediate modillions and a
dental band . A decorativ e
scalloped eave is located above th e
parapet . There are several doubl e
hung windows on the second stor y
with darker color simple bric k
band surrounds . On the creek sid e
elevation, all windows, doors an d
decorative features will be retaine d
or replaced in like-kind .
SLO Brew @ 736/738 Higuera Stree t
Oasis Associates, Inc .
Conditional Use Permi t
16 May 201 2•
2 of 6
PH1-17
Attachment 2
The Higuera Street firs t
floor storefronts hav e
deeply recessed entrance s
with large storefron t
windows . While modified
and modernized over
time, the storefronts ar e
not considered an histori c
feature . The deep recesse s
will be preserved to allow
for outdoor seating and
dining, while new counters
will be integrated into th e
storefronts . The storefronts
will retain the traditiona l
downtown aesthetic o f
large areas of glazing ove r
a decorative bulkhead o f
contrasting material .
At the creek side of the building, the non-contributing wood stair and existing rooms will b e
removed to allow more of the original brick work to be exposed . A 50 square foot creek side pati o
will accommodate outside seating and dining . To comply with ingress and egress code requirement s
from the second floor entertainment venue, a staircase will be constructed, extending to the new thir d
floor (roof) patio . The stair will be fashioned of steel to ensure a lean and strong profile, minimizin g
concealment of the original brick facade . In addition, a new elevator will be installed to service bot h
the second floor and roof deck patio . Height at the tip top of the elevator will be 47 feet . The more
dominant architectural feature will be the proposed exterior stair . The stair will be "capped" with a
roof that will bring its height t o
approximately 43 feet .
A new roof top patio i s
proposed that will feature adequat e
room for approximately 48
occupants, and includes restroo m
facilities, a small storage area, and
access via the aforementioned stai r
and elevator. A minimum 42-inc h
high guardrail, offset four feet from
the existing exterior brick wall ,
will surround the occupied portion
•
SLO Brew @ 736/738 Higuera Stree t
Oasis Associates, Inc .
Conditional Use Permi t
16 May 2012
•
3 of 6
PH1-18
•
Attachment 2
of the third floor patio and be constructed of cement plaster, glass, or solid metal finish compatibl e
with the Higuera Street elevation .
All vegetation on the site will
remain except for a 50-foot high ,
approximately 36-inch diameter
disfigured black walnut tre e
located at the rear of the building .
This tree poses a safety concer n
with its low lying decaye d
branches . There is evidence o f
hollowed out portions on its trun k
where branches have alread y
either been removed or possibl y
fallen . (See Site Plan, Bracke t
Architecture Office, May 08 ,
2012 )
G .ArchitecturalDesign - Interio r
The following describes the improvements to the interior of the existing building t o
accommodate the new use . (See Sheets 2 - 4, Bracket Architecture Office, May 08, 2012) In additio n
to these enhancements, the building will be seismically retrofitted pursuant to the City's Unreinforced
Masonry Building Hazard Mitigation Program . (See Sheets S1 .0 — S5 .0 & S6-1 — S6-5, Lampman &
Smith, December 17, 2008). The following lists the proposed improvements to the interior of th e
building per floor .
1 .Ground Floor
•Stage are a
•Dining and lounge area, including bar (3,330 SF )
•Brewery
•Kitchen
•Men's/Women's HC restroom s
•Elevator
•Stairs (2 total) to second story (interior )
•Outside Patio (50 SF )
2 .SecondFloo r
•Auditorium with moveable partition (3,000 SF )
•Stage (800 SF )
•Offices (3 total including conference )
•Green roo m
SLO Brew @ 736/738 Higuera Stree t
Oasis Associates, Inc .
Conditional Use Permi t
16 May 201 2•
4 of 6
PH1-19
Attachment 2
•Storag e
•Men's/Womens HC restroom s
•Elevator
•Stairs (exterior)
3 .Rooftop Pati o
•Patio (720 SF )
•Elevator
•Men's/Womens HC restroom s
•Stairs (exterior)
•Small storage close t
H.Hoursof Operation and Employee Informatio n
SLO Brew proposes to maintain their current hours of operation at the new location as follows .
1.General Hour s
11 :00am — 2 :00am (M-F)
-
9 :00am — 2 :00am (Sat & Sun)
2.Live Music Venu e
4 :00pm — 1 :00am
3.Special Event s
6 :00am — 1 :00am (winter & spring graduation, St . Patrick's Day, & Cinco de Mayo)
9 :00am — 2 :00am (Sat & Sun )
SLO Brew currently employees fifty four (54) staff — six (6) employees during the less busy time s
throughout the day, and up to twenty (20) employees during peak times .
I .Vehicle and Pedestrian Circulation
Given its location and proposed uses, both vehicle and pedestrian circulation are ke y
components of the project . Based upon the historic circulation patterns of the existing SLO Brew, th e
applicant has analyzed their current operations, applied these to the Higuera Street location and i s
proposing the most efficient and safe routes .
Tour buses are typically used by the band to carry both its members and equipment . There are
(5) five parking spaces available for temporary tour bus parking located on Monterey Street in front o f
the San Luis Obispo History Museum . The Applicant proposes to utilize these spaces for loading an d
unloading of equipment on a temporary basis . This is not unlike the current tour bus parking o n
Garden Street that allows for short-term parking and payment for parking meters . Once unloaded, th e
tour bus will drive to one of the parking lots owned by the applicant and return to the temporar y
parking spaces at the end of the event . Tour buses will be required to shut off engines and relate d
generators while parked in these spaces .
The Applicant has identified two alternative service routes for the equipment to be moved int o
SLO Brew : 1) to accommodate activities that may simultaneously be taking place in Mission Plaz a
SLO Brew @ 736/738 Higuera Street
Conditional Use Permi t
Oasis Associates, Inc .
16 May 201 2
5 of 6
•
•
PH1-20
•
•
•
Attachment 2
and ; 2) when no activities are occurring in Mission Plaza . (See Appendix E — Circulation Plan )
With regards to SLO Brew customers attending the live music events, there will be no genera l
admission accessed from the Higuera Street entry . Only VIP customers will utilize the Higuera Stree t
entrance . The general public will have a designated queuing area located at the creek side entrance t o
avoid conflicts with other businesses located on Higuera Street . This queuing area starts at the rear
entrance of the building and will wrap around the vehicular bridge toward Mission Plaza . Based upo n
historic data, the applicant has estimated the reasonable worst case length of the queue .
J.Security Plan
Safety and security are major components of the operation of SLO Brew . SLO Brew's curren t
security management plan includes the following topics : management training plan ; employee an d
security resource placement ; crowd control and security measures ; provision for overflow customers ;
how staff members will be identified ; and where personnel will be located/circulate . This securit y
management plan also provides information regarding I .D . check and doorman duties, after-hour s
crowd management, and other internal policies related to security, noise and related issues . (See
Appendix F — Security Management Plan )
K.Acoustic s
External noise level reduction and internal acoustics have been analyzed in a technica l
memorandum prepared by David Lord, Ph .D . (See Appendix G — Sound Level Assessment and Roo m
Acoustics). A noise assessment was conducted to determine the ambient sound levels on Higuer a
Street and surrounds to establish the threshold of the current conditions . Once the baseline wa s
determined, the memo predicts the potential impacts on the surrounding neighborhood from th e
proposed activities . Sound level reduction mitigation measures are then proposed, if required, for bot h
external and internal applications . The report concludes that even with the proposed uses, soun d
levels will not significantly affect the surrounding neighborhood .
The first floor, which includes the restaurant, brewery and bar, has been designed to allow fo r
background music to be played ata level to allow patrons to carry on a conversation without shouting ,
but will be barely audible to a passer-by on the sidewalk or street . The second floor, which include s
the live music events, is acoustically isolated from other floors and the exterior . Multiple measure s
will be employed to absorb sound (e .g ., consideration of materials, HVAC design, replacement of th e
existing windows to double pane windows, etc .) The rooftop patio will not be a live music venue t o
avoid high levels of sound disturbance to the neighboring properties .
The report concludes that sounds from normal operations and activities at SLO Brew will b e
rarely perceptible in the surrounding community, i .e ., the sounds from SLO Brew will not contribut e
significantly to existing community noise levels in this district of the City . To ensure compliance wit h
the City's Noise Ordinance, prior to occupancy, a noise evaluation shall be conducted .
SLO Brew @ 736/738 Higuera Street
Conditional Use Permi t
Oasis Associates, Inc .
16 May 201 2
6 of 6
PH1-21
Attachment 3
ue nst .rnornf 1 5
0
0 o m
0 0 0
"-'
a (daXa
c
IT
L
I
id 1 °-hq hlI 14?n215 b
tl 3tl it1'a 11 l4 3
tr.5 r .rl+nr vein.'L_1 .~ILA ...L_J
a u '1 211 1SlilI t k
9qit IlilgUCU GA
00
00I
site plan
nre'nlorcedmasonrymslru IURM]t .ho retrofitted2.si.watk .da.unde■greu . ulititits to roman,4.nennectOro lateral to curb a .extend Ioslrutlure5.Inllireriser al Norio. gatoendeletsm mparking space hasho .adnemaklings 'toremai sS.esslblopetinitnv nS. multi-nank black walnu be removed, vemnue sutra. dingla.pedesVlan ...es enema,' I n
u .sexerlor aegre to 2ndtteeand root dec k13.Inleutdeseingpalle,dashed'''e indicates pren eat palls fenc eu.Imstnrtlm with count■rualisg and teetabta chairs14.tint of patron queue torled1leer assembly treupancy1s tatnearen Ore hydrant sItbuilding a mtshl on led bywi . it lMasahseep ',elevationsn.area 001 Ontre 'nowt. ed' bvwmnna,np .ct1151 'v19. burning aaenllighl m 'wyndham twin bywinena .Iyp . ollstas shown lit Arvanons
Swo to bro slad 1 5
std brewing company relocation 1736 & 738 higuera stree t
120829 revision
bracket architecture office
•
Attachment 3
1.enhanced paving at building entr y
2.landscape pots, typical or 10
3.light bollards, typical of 6
4.tables and chairs for patio dining
5."Europa" allan-block retaining wall, to match othe r
along creek trai l
6.new 42" height gaurdrall
7.new landscapin g
8.screen wall/fenc e
9.existing tree(s) to remain, typ.
10.existing stairs to remai n
11.existing landscaping to remai n
sic brewing company relocation 173¢ & 738 higuera stree t
13 .9637 bracket architecture office 2
PH143
fire Rated wai n
pro an d
bsuo within 10'72 -ofpmpenylme Ad-
On
component width
Attachment 3
Isl llonrevll requirement s12I nits .94- lenient component ...
CDC V CA LC ELATIO NOUTDOOR
OCCUPANCY OL FA,■00 OCCUPANT SSPACEAREA,
A .2 1 5
15
22 .532i
DOTAL 56
INDOOR, RESTAURANT CONROURMION
I sSPACAREA.•f OCCUPANCY 01 FAO TORe.tME Imaf/Ete 1,613 A .2 200 2 52,1 046a A-2 1 5
0
Ieel.ICOUNTER x .SUBTOTA L
01-FACTOR
In
I SSIR MAD .,
17 A-2
t
0 .5
BD,Oinlnea.n3 0113 9 A l -I 2 6SWITOTALTOTALMO257
till IIIIIIIIIII
1111111111111
lirslfloor plan . restanranl configuration
eo'iecw ln~b
lai
1st Roof exit repulre m eat s
1n exits96' total exit component width
OCC UFANCY CALCU LAn IO NOUTDOOR
SPAC E
SPACE Anta .l EC'CUPAxcv ILFACTOR OCCUpsxIEB•r/Ril .,NE■■200Lena.a75395 A-2A-2A-7 75
SUBTOIAL 3n!SEOPCH/COUNTER x.vEl¢A[
Drew,.17 7 el 5f® Oi ngeano~nu E r A-I i l1/SUBTOTALTOTAL
26AO06
fire ratedwnll m
pm
nbfnll
an d
balconies lo 'el ',ninny line
IOW debars sucked and slated I n
ro
during tat . nlgbt opeaUO n
ofl
eEY
evelpatio may aisobeusedall .r
II :OOpm for storage
emeuit .Adlhdl ' avlt fie mienenl width
t IIIIIIIIIIIII I(II1111IM
0 Bit
t-eon empno nlwidm
assembly. dlnln
dining nanque elirsl floor plan. late nigh) Donligurali o
n .o
slo brewing company relocation 736 & 73e higuera stree t
12.0829 revision bracket architecture office 3
FHI ].
S
2nd hoer evil requirementsI21exits2017total exit e,irwidl n134"total exit component width
It o
100000
TOTAL 470
Attachment 3
OCCUPANCY CA.LAIIDN
.DITORUI NSPACE0.x01 n m
PoemSlag.
St.ogehoilo
Ono,fie n nn3.000 eiI t l325 200
25069997553
fire madmaul aVend Mph-sandci repi within 10-p al opmr line 72 7 eraelair widt h4e can wmpon ent wiel n
'MIE Niii''
I IIIIIIIIIIIII
11111111M M
once
L vest ib ule1
greenroo m
second Naar plan
ep-eailnairwidl ncoil nmpe lore widt h
72-wit ran widthOrern corn parent widl
Ilre rated wall l aprated stairswllhin trmPrapereyline 60' era elairwidth367nit mpnn mwidlh
3rd floor roil requiramenl s121exits44" total exitstair width29"lolalexitcomponenlwldl h
OCCUPANCY CALCULATION
1 5
20 0
300
D.7
0.21790TOTAL49
5 144ea,141 B 200 0 7
TOTAL 145
42-high solid guar down,patio area swith 6'methigh laminatedylaa enclosure
third floor/rool pla n
ale brewing company relocation 1736 &73B higuera street
120629 revision
bracket architecture office 4
Pen-25
Attachment 3
NSA
:1:1=111"1"
ale brewing company relocation 1736 & 738 higuera stree t120829rovision bracket architecture office
PHIA6
Attachment 4
Proposed site Lox SID Brew (73 6
13iguera Sheet
Mission Plaza
Vehicula r
'°aF.oute A. Buy unloading route whe n
there IS NO activity at Mission Plaza
I _.
Coverings
Route B : Bus unloading route whe n
there IS aetiviy at Mission Plaz a
Temporary band busparking
ial;ligiI era St.
Pedestrian
Potential general public queuing
I lonfe
PH1-27
Attachment 5
•Sound Level Assessmen t
and Room Acoustic s
of the propose d
SLO Brew on Higuera Stree t
736 Higuera Street
San Luis Obispo, C A
requested b y
Oasis Associates, Inc .
3427 Miguelito C t
San Luis Obispo,CA 9340 1
May 8, 2012
PH1-2 8
45dB .co m
David Lord, PH .D .
Acoustics Consulting
P .O . Box 140 6
San Luis Obisp o
CA 93406-140 6
tel .805 .704 .804 6
email : dl@45db .com
•
•
•
•
Attachment 5
Table of Content s
1 .0 Description and Criteria 3
2 .0 Existing Sound Levels 3
3 .0 Sound Level Contours 4
4 .0 Sound Levels from Operations 4
5 .0 Room Acoustics 4
6 .0 Discussion and Conclusion 4
7 .0 REFERENCES 1 1
8 .0 APPENDIX I : Notes, Definitions 1 2
9 .0 APPENDIX II : Measurements and Modeling Methods 1 3
10 .0 Qualifications of Preparer 1 5
List of Figure s
Figure 1 . Baseline Sound Level Survey 5
Figure 2 . Morning low sound levels 6
Figure 3 . Setup activity, Monterey Street, Mission Plaza 7
Figure 4 . Sound Level Contours 8
Figure 5 . Second Floor Room Acoustics 9
Figure 6 . Room Acoustics : The Floor 1 0
•
SLO Brew on Higuera
page 2
5/8/12 /
PH1-29
Attachment 5
Sound Level Assessmen t
and Room Acoustic s
of the proposed
SLO Brew on Higuera Stree t
736 Higuera Stree t
San Luis Obispo, C A
1 .0 Description and Criteria
This is a report on the acoustical characteristics of the proposed SLO Brew on Higuer a
Street project. The purpose of this report is threefold :
(a)to measure and assess the existing ambient sound levels in the vicinity of 73 6
Higuera Street in order to establish a baseline upon which activities and operations of th e
proposed use, including amplified music can be overlaid and compared, an d
(b)to project and predict the sound levels and community impacts from operations an d
activities around and within the proposed use of SLO Brew on Higuera Street, an d
(c)to describe in concept the room acoustics, acoustical separation and isolation o f
sounds generated within the proposed structure at 736 Higuera Street .
2.0 Existing Sound Levels
A site visit was made during the night of Friday, April 27, 2012 at 11 :45 pm to 12 :4 5
am in the early morning of Saturday, April 28, in order to establish baseline sound level condi-
tions in the immediate area . Results from the sound level measurements are shown in "Figure 1 .
Baseline Sound Level Survey" on page 5 . Continuous sound level measurements were mad e
along a path from Higuera Street to Broad Street to Monterey Street and Mission Plaza as well a s
the pedestrian area along San Luis Creek .
-
The sound level instrument, measurement technique, and standards used are more full y
described in the Appendix to this report . Wind speed data during this study was taken on site an d
correlated with data from the San Luis Obispo Airport weather station, located approximatel y
three miles south of the site . Throughout the measurement period, wind speed was less than 1 0
m .p .h .
Moderate traffic on Higuera Street and light traffic on surrounding streets, consisting o f
automobiles and motorcycles are clearly audible . The traffic flows at about 10 to 20 m .p .h .
SLO Brew on Higuera page 3 5/8/1 2
PH1-30
•
•
Attachment 5
3 .0 Sound Level Contour s
The sound level contours shown in "Figure 1 . Baseline Sound Level Survey" on pag e
5 as well as in figures following, are generated from measured data by the "Noise Contou r
Modeling" technique discussed in "9 .0 APPENDIX II : Measurements and Modeling Methods"
on page 13 . Sound level contours from automobile and pedestrian traffic, as well as enter-
tainment, amplified music sources is shown . The attenuation and propagation of sound i s
affected by topography, including the existing building heights and volumes, and by daily traffi c
volume for each of the transportation sources . Sound levels are shown as Equivalent Soun d
Levels (LEQ one-hour) in dBA, across the entire area, with contour lines drawn for each decibe l
difference .
4.0 Sound Levels from Operation s
The sound levels for various scenarios are shown for one-hour periods "Figure 2 .
Morning low sound levels" on page 6 and "Figure 3 . Setup activity, Monterey Street, Missio n
Plaza" on page 7, and "Figure 4 . Sound Level Contours" on page 8 .
5.0 Room Acoustic s
Strategies for acoustically separating noisy areas from quiet spaces and for reducin g
sound transmission to the outside are shown in "Figure 5 . Second Floor Room Acoustics" o n
page 9 and in "Figure 6 . Room Acoustics : The Floor" on page 10 . Several techniques ar e
described that will reduce the impact of unwanted sound on areas within the SLO Brew Buildin g
•as well as outside the building .
6.0 Discussion and Conclusion .
Acoustical simulation results show that the sounds from normal operations and activitie s
at SLO Brew on Higuera will not have a significant impact on sensitive receptors, that is, th e
sound level will be raised by one dB or less . Ordinary listeners are unable to distinguish a on e
decibel change in sound level . The sounds from SLO Brew on Higuera will not have a signif-
icant impact on the ambient sound level in the surrounding community .
David Lord, May 8, 201 2
for 45dB .com
•SLO Brew on Higuera
page 4 5/8/1 2
PH1-3 1
•
Attachment 5
Figure 1 . Baseline Sound Level Surve y
Survey with sound level measurements made during a typical active night, Friday Apri l
27 to Saturday morning April 28 from 11 :30 pm to 12 :30 am . The walking path for the survey
is shown as a blue dashed line . Sound level measurements were continuously monitored alon g
the route, and based on those measurements, sound level contours for the surrounding area wer e
generated by acoustical simulation . Sound levels are shown as LEQ one-hour, dBA . Sounds ar e
mainly from street transportation, pedestrians on public sidewalks and walkways, and stationar y
amplified music sounds from establishments along Higuera Street .
> 35.
"IIIM >ao.o
>as.o
ME >so.&tsx~> 55.0Eg.>so.0
MN >65.0
M >70.0
> 75.o
NMI >solo
•
SLO Brew on Higuera
page 5 5/8/12
•
PH1-32
•
Attachment 5
Figure 2 . Morning low sound level s
Sound levels were measured and acoustically modeled for 9 am, Sunday morning, Apri l
29, 2012 . Sound sources were from very light street traffic . There was no commercial activit y
and few people about . Sound levels are shown as LEQ one hour, dBA .
•SLO Brew on Higuera
page 6
5/8/1 2
PH1-3 3
•
Attachment 5
Figure 3 . Setup activity, Monterey Street, Mission Plaz a
Site plan, showing two possible routes for equipment setup activities of groups preparin g
for performances at SLO Brew on Higuera :
Route A is for bus unloading when there is no other activity at Mission Plaza .
Route B is for bus unloading when there is other activity at Mission Plaz a
The equipment setup originates from a truck and/or band bus parked on Monterey Street .
In this acoustical model, equipment setup occurs during a time of moderate traffic and stree t
noise, between 5 pm and 7pm . The potential noise impact from equipment setup on nearb y
potential sensitive residential receptors is less than one dB above normal community soun d
levels at that time of day and location . One dB is normally not a perceptible difference, and
therefore the impact is less than significant .
•
SLO Brew on Higuera page 7 5/8/1 2
'RE > as.0
>40.0
_>45 D
>50 .0
>55.0
60 :0
>65 .0
>70 .0
> 75 .0
•
•
PH1-34
•
•
•
Attachment 5
Figure 4 . Sound Level Contour s
The rooftop patio area (shown in elevation below) will have background recorded music ,
no DeeJay and no live performance . Sound level contours are shown for SLO Brew rooftop
patio music, LEQ one hour, dBA . Potential impact on nearby potential sensitive receptors is les s
than one dB, and therefore not significant .
SLO Brew on Higuera
page
8
5/8/1 2
PH 1-35
Attachment 5
Figure 5 . Second Floor Room Acoustic s
This figure illustrates the concept for acoustically isolating the interior amplified musi c
and entertainment on the second floor of SLO Brew . The stage and audience area are acousti-
cally isolated from the exterior of the building as well as isolated from the downstairs and fro m
the upstairs (roof) of the SLO Brew building .
The design goal is for a minimum of audible sound transmission through the floor, ceilin g
and walls to the exterior and to other parts of the building . The space is independently air condi-
tioned with an acoustically designed air handling system . The performance space will hav e
sound absorption materials (rigid fiberglass panels) to reduce sound reflections and echoes .
Existing windows will be replaced with acoustically designed glazing for maximu m
reduction of sound transmission to the exterior . Entry and exit areas will be "air-locked" to
reduce sound transmission .
Wall and ceiling construction will incorporate acoustically engineered gypsum board ,
such as Quiet Rock, to reduce sound transmission and to de-couple the sound sources within th e
room from adjacent areas .
SLO Brew on Higuera
page 9
5/8/1 2
PH1-36
•
•
•
•
Attachment 5
Figure 6 . Room Acoustics : The Floo r
The second floor space is acoustically isolated from the first floor restaurant area b y
construction of Gyperete mass floor to dampen vibration . The acoustical objective is fo r
minimum audible sound and vibration transmission through the floor to the quiet restaurant
interior on the first floor. Each space is independently air conditioned with acoustically isolate d
air handling systems .
The floor will be a Kinetics floating lightweight concrete system which will de-couple th e
second floor performance space from the quiet restaurant area on the ground floor . The compre -
hensive construction solution will result in an overall sound reduction of 50 to 70 dB . Sounds i n
the second floor space will be inaudible in the outdoor areas surrounding the SLO Brew building .
•
•SLO Brew on Higuera
page 10
5/8/1 2
PH 1-37
Attachment 5
7 .0 REFERENCE S
1 . American National Standards Institute, Inc . 2004 .ANSI 1994 American National Standar d
Acoustical Terminology .ANSI S .1 .-1994, (R2004) , New York, NY .
2 . American Society for Testing and Materials . 2004 .ASTME 1014 - 84 (Reapproved 2000 )
Standard Guide for Measurement of Outdoor A-Weighted Sound Levels .
3 . Berglund, Birgitta, World Health Organization . 1999 .Guidelines for Community Nois e
chapter 4, Guideline Values .
4 . Bolt, Beranek and Newman . 1973 .Fundamentals and Abatement of Highway Traffic Noise,
Report No . PB-222-703 . Prepared for Federal Highway Administration .
5.California Department of Finance . 2007 .California Strategic Growth Plan .
6 . California Department of Transportation (Caltrans). 1982 .Caltrans Transportatio n
Laboratory Manual .
7 . . 1998 .Caltrans Traffic Noise Analysis Protocol For New Highway Construction an d
Highway Reconstruction Projects .
8 . . 2006 .California Transportation Plan 2025,chapter 6 .
9 . California Resources Agency . 2007 .Title 14 . California Code of Regulations Chapter 3 .
Guidelines for Implementation of the California Environmental Quality Act Article 5 .
Preliminary Review of Projects and Conduct of Initial Study Sections, 15060 to 15065 .
10.County of Santa Barbara ..County of Santa Barbara General Plan, Noise Element .
11 . County of Santa Barbara Environmental Thresholds and Guidelines Manual Published May
1992, revised October 2006 . Planning and Development Departmen t
12 . Federal Highway Administration . 2006 .FHWA Roadway Construction Noise Model User's
Guide Final Report .FHWA-HEP-05-054 DOT-VNTSC-FHWA-05-01 .-
13.Harris, Cyril .M ., editor. 1979 Handbook of Noise Control.
SLO Brew on Higuera
page 11 5/8/1 2
PH 1-38
•
•
•
•
•
•
Attachment 5
8 .0 APPENDIX I :Notes, Definition s
TERM DEFINITIO N
Ambient Noise Level The composite of noise from all sources near and far . The normal or existing level
of environmental noise or sound at a given location . The ambient level is typically
defined by the LEQ level over one hour or the LDN over 24 hours .
Background Noise Level The underlying, ever-present lower level noise that remains in the absence of intrusiv e
or intermittent sounds. Distant sources, such as traffic, typically make up th e
background . The background level is generally defined by the L90 percentile nois e
level, which is exceeded 90 percent of the time .
Sound Level, dB
Sound Level . Ten times the common logarithm of the ratio of the square of th e
measured A-weighted sound pressure to the square of the standard reference pressure o f
20 micropascals, SLOW time response, in accordance with ANSI S1 .4-1971 (R1976)
Unit : decibels(dB).
dBA or dB(A):
A-weighted sound level . The ear does not respond equally to all frequencies, bu t
is less sensitive at low and high frequencies than it is at medium or speech rang e
frequencies . Thus, to obtain a single number representing the sound level-of a nois e
containing a wide range of frequencies in a manner representative of the ear's response ,
it is necessary to reduce the effects of the low and high frequencies with respect to th e
medium frequencies . The resultant sound level is said to be A-weighted, and the unit s
are dBA. The A-weighted sound level is also called the noise level .
Equivalent Sound Level Because sound levels can vary markedly in intensity over a short period of time ,
LEQ
some method for describing either the average character of the sound or the statis-
tical behavior of the variations must be utilized . Most commonly, one describe s
ambient sounds in terms of an average level that has the same acoustical energy a s
the summation of all the time-varying events . This energy-equivalent sound/noise
descriptor is called LEQ . In this report, both a 15 minute and an hourly period is used .
Percentile Sound Level The noise level exceeded during n percent of the measurement period, where n is a
(Ln)
number between 0 and 100 (e .g ., L90, exceeded 90 percent of the time, L10, exceede d
ten percent of the time .)
Subjective Loudness
In addition to precision measurement of sound level changes, there is a subjectiv e
Changes .
characteristic which describes how most people respond to sound :
•A change in sound level of 3 dBA is barely perceptible by most listeners .
•A change in level of 6 dBA is clearly perceptible.
•A change of 10 dBA is perceived by most people as being twice (or half)as loud .
Time weighting Different, internationally recognized, meter damping characteristics are availabl e
on sound level measuring instruments : Slow (S), Fast (F) and Impulse (I). In thi s
community sound level measurement, the Fast (F) response time is used .
SLO Brew on Higuera
page
12
5/8/1 2
PH 1-39
Attachment 5
9 .0 APPENDIX II : Measurements and Modeling Method s
Wind Measuremen t
Sound level measurements become less reliable when average wind speed is greater than 1 1
m .p .h . at the measurement site . Therefore, wind speed and direction are measured periodicall y
at the measurement site and the results are correlated with wind data from a nearby establishe d
weather station .
Wind speed and direction throughout the measurement period are taken from data from San Lui s
Obispo Airport weather station located approximately three miles south of the site .
Sound Level Meters
Precision of Sound Level Meters . The American National Standards Institute (ANSI) specifie s
several types of sound level meters according to their precision . Types 1,2, and 3 are referre d
to as "precision," "general-purpose," and "survey" meters, respectively . Most measurement s
carefully taken with a type 1 sound level meter will have an error not exceeding 1 dB . Th e
corresponding error for a type 2 sound level meter is about 2 dB . The sound level meter used fo r
measurements shown in this report are Larson-Davis Laboratories Model 824 . This meter meets
all requirements of ANSI sl .4, IEC 651 for Type 1 accuracy and include the following features :
110 dB dynamic range for error free measurements . Measures FAST, SLOW, Unweighte d
PEAK, Weighted PEAK, Impulse, Leq, LDOD, LOSHA, Dose, Time Weighted Average, SEL ,
Lmax, Lmin, LDN . Time history sampling periods from 32 samples per second up to one sampl e
every 255 seconds .
Field calibration of the meter is accomplished before and after all field measurements with a n
external calibrator . Laboratory calibration of the all instruments is performed at least biannuall y
and accuracy can be traced to the U .S . National Institute of Science and Technology standard .
The Type 1 Sound Level Meter is factory calibrated as three separate components ; the body
of the meter itself plus the preamplifier and the microphone, each of which has a Certificate o f
Calibration and Conformance . When calibrated, the instrument is certified as meeting factor y
specifications ; Normal elapsed time between factory calibrations should not exceed two years .
Sound Level Measurement Metho d
The protocol for conducting sound level measurements is prescribed in detail by the America n
Society for Testing and Materials (ASTM) in their E 1014 publication and the Cal Trans Traffi c
Noise Analysis Protocol . The procedures and standards in those documents are met or exceede d
for sound level measurements shown in this report . The standards of ASTM E 1014 ar e
exceeded by using Type 1 sound level meters for all measurements in this report instead of th e
less accurate Type 2 meters . Therefore, the precision of the measurements in this report is likel y
to be better than +/- 2 dB as stated in ASTM E1014 .
Wind speed and direction, temperature profiles, relative humidity, and sky conditions ca n
cause changes in noise measurement results at normal receiver distances from a noise source .
SLO Brew on Higuera
page 13 5/8/1 2
PH1-40
•
•
•
Attachment 5
•Information concerning these effects is made part of the documentation accompanying the nois e
measurement data . Without it, there is no baseline against which subsequent measurements ca n
be compared . The prevailing wind direction is expressed in degrees clockwise from the nort h
direction . Wind, air temperature, and humidity observations are made at the average heigh t
above the ground that noise is traveling between the source and the receiver . The minimum
height should is at least 1 .5 meter, or 5 feet, above the ground . In addition to the wind, temper-
ature and humidity observations, and sky conditions are also documented .
Meteorological conditions can affect noise measurements in two ways : they can affect th e
measurement instruments directly, or they can affect the actual noise levels . Wind speeds of 5
meters per second, or 11 miles per hour, create a wind noise of about 45 dBA on a typical/"
microphone with windscreen . This means that measurements of noise below 55 dBA will b e
contaminated under these conditions . Extreme hot or cold temperatures and humidity can als o
affect the operation of noise measurement instruments . High humidity or rapid changes i n
temperature can cause droplets of moisture to form on the microphone diaphragm, creating a
popping noise . This can contaminate the noise measurement . Rain, or wet pavement will chang e
tire-pavement noise characteristics, altering traffic noise both in level and frequency . Change s
in wind speed and direction relative to the location of the noise source and receiver can caus e
changes in the magnitude and direction of wind shear . This can result in refraction effects that
can redirect sound energy away from or toward a receiver and change overall noise levels .
For normal noise measurements, meteorological conditions are restricted as follows : If wind
speeds, regardless of direction, are greater than 5 meters per second, or 11 miles per hour ,
•those measurements are not included in the noise analysis . For research or special studies thi s
criterion is often lower, depending on the objectives of the study . Temperatures and humidit y
are within the operational ranges specified for the equipment used . [reference : Caltrans Traffic
Noise Analysis Protocol For New Highway Construction and Highway Reconstruction Projects ,
October, 1998 ]
Noise Contour Modelin g
Noise contours incorporating the measured sound level values were generated using CADNAIA ,
an acoustical modeling program that incorporates the TNM 2 .5 algorithms, and which wa s
developed to predict hourly Leq values for free-flowing traffic conditions . This computer
modeling tool, made by Datakustik GmbH, is an internationally accepted acoustical modelin g
software program, used by many acoustics and noise control professional offices in the U .S . an d
abroad . The software has been validated by comparison with actual values in many differen t
settings . The program has a high level of reliability and follows methods specified by th e
International Standards Organization in their ISO 9613-2 standard, "Acoustics – Attenuatio n
of sound during propagation outdoors, Part 2 : General Method of Calculation ." The standard _
states that, "this part of ISO 9613 specifies an engineering method for calculating the attenu-
ation of sound during propagation outdoors in order to predict the levels of environmenta l
noise at a distance from a variety of sources . The method predicts the equivalent continuou s
A-weighted sound pressure level ... under meteorological conditions favorable to propagatio n
from sources of known sound emissions . These conditions are for downwind propagation ...
•SLO Brew on Higuera
page 14
5/8/1 2
PH1-41
Attachment 5
under a well-developed moderate ground-based temperature inversion, such as commonly occur s
at night."
The computer modeling software takes into account source sound power levels, surface reflectio n
and absorption, atmospheric absorption, geometric divergence, meteorological conditions, walls ,
barriers, berms, and terrain variations . The CADNA/A software uses a grid of receivers coverin g
the project site .
10 .0 Qualifications of Prepare r
David Lord, Ph.D., Principal Consultan t
For more than 20 years, David Lord has worked with architects, engineers, buildin g
contractors and public agencies to assess and solve problems in acoustics, noise and vibration.
Dr. Lord is recognized as an acoustical consultant by several municipal and county plannin g
departments and has provided acoustical consulting services for projects located in the following
counties in California : San Luis Obispo, Santa Barbara, Orange, San Bernardino, Ventura an d
Los Angeles . David Lord is approved by the Depai anent of Defense as an acoustical consultan t
at Vandenberg Air Force Base and at the Naval Facilities Engineering Command, Port Hueneme .
Community Noise Assessmen t
Projects have ranged in scale and complexity from residential to commercial and insti -
tutional
•
developments . All noise assessments rigorously follow Caltrans and ASTM standar d
procedures, while adhering to local planning standards and noise ordinances and the Uniform
Building Code . Recent projects include : Environmental Impact Report noise chapter for a
Metrolink station in Orange County ; noise assessment for an automobile service center, a retai l
food market, a community theater, a water treatment plant, various wineries, a boutique hotel ,
a remote, 600 acre religious retreat site, an annual rodeo and tractor pull event, a metal salvag e
yard, etc . Residential neighbor-noise assessments range from animal noise to motorcycle noise ,
to stationary mechanical noise issues .
Room Acoustic s
Consulting projects undertaken in room acoustics have ranged in scale from 50- t o
600-seat spaces, such as church sanctuaries, restaurants and nightclubs . Consultation begin s
preferably with the architect early in design and continues through construction and occupancy .
Music sources are evaluated and matched to the shape, the volume and the absorptivity o f
the space, using energy/time/frequency analysis tools . Recent projects include the Katsuy a
Restaurant at Hollywood and Vine ; the Vina Robles Winery Refectory, and the United Methodis t
Church, San Luis Obispo .
Instrumentatio n
Sound and vibration measurements are made with multiple, state-of-the-art, data-logging ,
integrating, Type I instruments and a real time analyzer . Long-term total sound monitoring i s
SLO Brew on Higuera page
15
5/8/1 2
PH1-42
•
•
Attachment 5
•conducted with high-resolution digital sound recorders . Sound transmission and reverberatio n
studies are made with a real-time analyzer following ASTM procedures . Each instrument i s
factory calibrated annually to meet U .S . National Institute of Standards and Technology require -
ments and has a current Certificate of Calibration and Conformance .
Recent Projects in California .Partial list ; References provided on request .
1 . Bradley Square, Santa Maria, California ; Housing Development 120 units . Transportatio n
noise assessment, mitigation recommendations, noise-resistant construction design .
2 . Por La Mar Nursery commercial horticulture development, worker housing, Santa Barbara /
Goleta, California . Transportation noise assessment, noise resistant housing design .
3 . Fess Parker Wine Center, Lompoc California, with Pults & Associates, Architects . CEQ A
Environmental Impact Assessment for Noise, City of Lompoc .
4 . San Ysidro Ranch, Montecito, with Mechanical Engineering Consultants, Santa Barbara .
Total sound level monitoring, recording, assessment and mitigation design .
5 . State Street, City of Santa Barbara, consultant to several entertainment establishments fo r
entertainment noise mitigation and conflict resolution .
6 . Environmental Impact Report, Noise Impact Assessment for Enos Ranchos and Mahone y
Ranch General Plan Amendment/Zone Change/Specific Plan Amendment/Annexation ,
Santa Maria, CA, with Science Applications International Corporation (SAIC )
7 . Environmental Impact Report, Noise Impact Assessment, including rail noise issues, fo r
Westgate Metrolink Station, Placentia, CA, with Crawford, Multari and Clark Associates .
8 . QAD Inc ., Summerland, CA . Chiller installation noise assessment and mitigation desig n
evaluation to meet County of Santa Barbara noise standards .
Academic Qualification s
David Lord is a Professor of Architecture, Emeritus, at California Polytechnic Stat e
University, San Luis Obispo, where he developed the curriculum and taught community nois e
and acoustical engineering subjects .
David Lord holds the Master of Architecture degree from the University of California ,
Berkeley, with a specialization in architectural acoustics . David Lord earned the Ph .D . degree
from the University of London, Bartlett School of Architecture .
Membership s
David Lord is a member of the American Society of Heating, Refrigerating and Ai r
Conditioning Engineers, the Acoustical Society of America, the American Institute of Physics ,
the Institute of Noise Control Engineering, and the Audio Engineering Society .
SLO Brew on Higuera page 16 5/8/1 2
•
•
PH1-43
Attachment 5
•Sound Level Assessmen t
Addendu m
SLO Brew on Higuera Stree t
736 Higuera Street
San Luis Obispo, C A
requested b y
Oasis Associates, Inc .
3427 Miguelito C t
San Luis Obispo,CA 9340 1
August 9, 2012
•
45dB .co m
David Lord, PH .D .
Acoustics Consulting
P .O . Box 140 6
San Luis Obisp o
CA 93406-140 6
tel .805 .704 .804 6
email : dl@45db .co m
PH1-44
•
•
•
Attachment 5
Sound Level Assessment Addendu m
SLO Brew on Higuera Stree t
736 Higuera Stree t
San Luis Obispo, C A
1 .0 Description and Criteria
This is an addendum to the original Sound Level Assessment report dated May 8, 2012 .
The addendum study examines foot traffic sound levels from the creekside walk, patron s
queued for entrance, patrons ascending the proposed exterior stair, and patrons at the thir d
floor rooftop patio at the proposed SLO Brew on Higuera Street project . The stair treads ar e
constructed of concrete, high mass and non-reverberant . There is a solid laminated glass wal l
constructed along the north side of the rooftop patio, with a height of 6 feet above finish floo r
level, which produces an approximate noise level reduction of ten decibels .
The addendum study assumes the same time frame as the original baseline sound leve l
survey, from 11 :30 pm to 12 :30 am.
Three acoustical conditions are examined with simulation software :
(a)No patrons in rooftop patio area, as if there were no project . Ambient sound level s
only are illustrated . This includes foot traffic on creekside walk (see figures for mor e
detail).
(b)Patrons at rooftop patio, voices only, no recorded background music . Includes foo t
traffic on creekside walk, patrons queued for entrance at SLO Brew, and a number o f
patrons on proposed exterior stair (see figures for more detail).
(c)Patrons at rooftop patio, voices plus recorded background music . Includes foot traffi c
on creekside walk, patrons queued on SLO Brew property and a number of patrons on th e
proposed exterior stair (see figures for more detail).
2 .0 Discussion and Conclusion .
Acoustical simulation results show that the sounds from normal operations and activitie s
associated with queueing, ascending the exterior stair, and occupying the rooftop patio at SL O
Brew on Higuera does not have an impact at distant sensitive residential receptors . Sound leve l
attenuation descends to ambient sound levels within 100 to 200 feet . Therefore, specific sound s
from the roof patio and exterior stair will not be audible at 200 feet distance or more, because a t
that distance, patio sound levels do not rise above ambient sound levels .
David Lord, August 9, 201 2
for 45dB .com
•
SLO Brew on Higuera Addendum
page 2
8/9/1 2
PH1-45
Attachment 5
Figure 1 .Baseline Sound Surve y
Excerpt of previous baseline sound survey taken from the original May 8, 2012 study .
No patrons present on rooftop patio or on the exterior stair, nor queuing on SLO Brew property .
Sound is shown emanating from creekside walk with 30 people walking and talking past thi s
venue . Sound levels are Leq one hour = dBA .
Creekside Wal k
Exterior Stai r
propose d
rooftop patio
•
8/9/1 2SLO Brew on Higuera Addendum page 3
PH1-46
•
Attachment 5
Figure 2 . Baseline Sound Leve l
Acoustic simulation of baseline sound level showing ambient sounds only, similar to the
overall baseline sound survey in Figure 1 with more detail and more measurement points in th e
exterior stair and rooftop patio . This is the "no project" assumption, with no patrons presen t
on rooftop patio or on the exterior stair and no patrons queuing on SLO Brew property . Sound
is shown emanating from creekside walk with 30 people walking and talking past this venue .
Sound levels are Leq one hour = dBA .
Creekside Wal k
Exterior Stai r
Rooftop Pati o
•
acsss••il
%aaaaaaaa a
•SLO Brew on Higuera Addendum page 4 8/9/1 2
PH1-47
Attachment 5
Figure 3 . Sound Levels, Voices-Only •
Rooftop patio, voices-only sound levels . No background recorded music . Assumption s
are : 145 people on rooftop patio, 20 people on the exterior stair, 30 people queued on SLO Bre w
property and 30 people walking along the creekside . Sound levels are Leq one hour = dB A
Creekside Wal k
Queuing Area an d
Exterior Stai r
Rooftop Patio
•
v v v v v v v v v v
O 81 o a8a8aa a6666666666
a a a a aIACD CO W CO CO CO 19 CO
SLO Brew on Higuera Addendum
page 5
8/9/12
•
PH1-48
•
Attachment 5
Figure 4 . Sound Levels, Voices plus Recorded Musi c
Rooftop Patio, voices plus background recorded music sound levels . Assumptions are :
Five small speakers, 145 people on rooftop patio, 20 people on exterior stair, 30 people queue d
on SLO Brew property and 30 people walking along creekside . Sound levels are Leq one hour =
dBA .
Creekside Wal k
Queuing Area an d
Exterior Stai r
Rooftop Pati o
•
•
aaaag80 ='uocooaaaaaa
SLO Brew on Higuera Addendum
page 6
8/9/1 2
PH1-49
Attachment 5
Figure 5 . Distance Stud y
Sound attenuation at a distance from rooftop patio, toward Monterey Street . On the left
below are sound level contours from rooftop patio voices and music, queuing on SLO Bre w
property and patrons on exterior stair, as before . On the right below are ambient sound leve l
contours for "no project" with no rooftop activity contribution . Sound level at Monterey Stree t
remains unchanged . Sound levels are Leq one hour = dBA .
•
METH
o s aH
•
SLO Brew on Higuera Addendum
page 7
8/9/12
•
PH 1-50
Attachment 6•SLO Brewing Company
Conditional Use Permit for Modification o usines s
Conditional Use Permit 16-0 1
July 7, 200 3
Securit y
The SLO Brewing Co . has proven to the community at large and to the S .L .O .P.D . in particular, our
ability to handle security concerns effectively . We have had a concise security plan in operation for four years.
Security plan for Modification of our existing business is as follows :
3 We have a professional Manager and/or owner on premises during all hours of operation .
3 Two front doormen and one back doorman are on duty during all entertainment events :
3 Minimum of one Manager and a downstairs Bar Manage r
•Bathrooms as required by occupancy .
3 Security cameras are installed at front door area and in back stairwel l
3 Lighting has be installed in alley as well as a security camer a
3 On some occasions we will have 2 doormen placed at stage area for added securit y
3 Manager will rove periodically the outside buildin g
3 Manager carries a cell phone for instant access to S .L .O .P.D
•21 and older at all time in downstairs entertainment are a
•If 18 and older show a secured area will be designated for 21 and older drinking area .
•3 All doormen are equipped with walkie-talkies direct to the Manage r
Job Description and Duties of our Doorme n
A. Duties
1 . Insure all patrons have legal I .D .
a.All I .D .'s must have been issued by a governmental agency,valid at
time of presentation, and have photo or perfect written description .
b.Birth certificates are not valid I .D.
c.Questionable out of state I .D .'s are to be checked against driver license book .
d.Adulterated, fraudulent and counterfeit I .D .'s are to be confiscated or hande d
over to the authorities .
e.Expired I .D'S are not legal .
If secondary I .D . the patron will be refused entrance .
2 . Collect door fees for entertainmen t
a.All door fees are property of the entertainment .
b.No refunds .
c.Only patrons on the guest list of the band or Brewery will not be charged .
d Patrons wishing to see if their friends are here or to use restrooms must deposi t
•their I .D . with doormen and retrieve it promptly .
3 . Securit y
a. Obviously intoxicated patrons are not allowed entrance .
PH1-5 1
•
b.Summon the eager on duty if there is a proble> side the building or in th e
immediate promity of the Brewery .
Attachment 6
c.No one is allowed to enter through the rear exit .
•
SECURITY/CROWD CONTROL POLIC Y
We consider this issue to be of major importance to the community and to the continued
success of our operations . Therefore we have instituted the following measures to maintai n
behavioral patterns consistent with community standards :
1.. Consult with S .L .O .P .D . for guidance from time to tim e
2.Consult with local ABC officials for adequate standard s
3.Consult and support local alcohol and drug prevention from time to time
Our internal policy,as outlined, consists ofthe following:
1 . The use of internal security on busy night s
A.Maintaining legal limit of patrons on premise
B.Should we have lines, have people stationed on the outside to control behavior o n
the sidewalk
C.Same security people to check legal status (Id check )
2 . Refusal to serve or allow on premise any intoxicated peopl e
3 . Offer taxi or car pool service to patrons as a means to reduce the number of drivers o n
the road
4 . Final measure before disorder —call the police
It is our position to take a strong leadership role and take responsibility for the well bein g
of our patrons . To maintain the character and dignity of our community through pruden t
business practices .-
EMPLOYEE TRAINING PROGRA M
In co-operation with the S .L.O .P.D and ABC and Wayne Hansen (of alcohol services) al l
employees of the SLO Brewing Company will undergo regular security briefings .
The police department has offered to periodically spend time to teach our employees a
course on facility security ; including :
1.How to recognize a false T .D .
2.How to recognize and handle intoxicated patron s
3 . Behavioral identification techniques
PH1-52
•
•
•
4 . Diplomatic control of
en behavior
Attachment 6
S . Procedural methods rega't"ging
6.Crowd contro l
7.Proper use of police backup
S . Exercising our right to refuse servic e
9 . Proper use of in-house alarm syste m
1O .Use of Madd and Sadd taxi servic e
1 I . Design of lighting and sound system to properly discourage rowdy behavio r
Management will supplement these seminars on security, with regular reviews at least onc e
per month (or as frequently as required .).
All employees having contact with the public will be required to attend these r ngs
PH 1-53
Attachment 7
Summary : After a survey was conducted of Downtown retail businesses which surround th e
Proposed SLO Brew Project (736/738 Higuera), the average closing time was determined to b e
6 :00 P .M .
PH1-5 4
Business Ope n
Monday-Wednesday, Friday -
Saturday
10:00
A M
10 :00
A M10:00,.
AM :
Tuesday-Sal
11 :00
A M
11 :00
A M
10 :00
A M
10 :0 0
A M
11 :00
AM
770 Higuera Jim's Campus Camera
9 :3 0
A M
9 :3 0
AM
Covering s
Studio Design Grou p
Pierre Rademaker Design
Monday-Wednesday, Saturda y
Thursday-Frida y
Sunda y
Sunday-Monda y
Monday-Frida y
Monday-Thursday
1O :O 0
AM
10 :00
AM
10 :00
A M
11 :00
A M
8 :00
A M
8 :00
A M
760 Higuer a
uite 21 2
762 Higuer a
era,
Hguer
Clos e
5 :3 0
P M
5 :0 0
P M
6 :0 0
P M
5 :00
PM
5 :00
P M
8 :0 0
P M
9 :0 0
P M
7:00
P M
6 :00
P M
8 :00
P M
4 :0 0
P M
6:00
P M
8 :00
P M
5:00
PM
•
•
•
Attachment 7
Friday
8 :0 0
AM
12 :0 0
P M
746 Higuera
Suite 3
Suite 2
10 :00
AM
11:00
AM t
10 :00 5 :3 0
AM P M
10 :00 8 :0 0
AM P M
11 :00 4 :0 0
AM P M
714 Higuera Romp
10 :00 6 :0 0
Monday-Saturday AM P M
10 :00 5 :0 0
Sunday I AM P M
Mission Mall :
Roxannes Birkenstoc k
•
PH1-55
Monday-Wednesda y
Thursday-Friday
Saturday
Sunda y
Monday-Wednesday, Friday-Saturda y
Thursda y
Sunda y
Sunday-Saturda y
Sunday-Saturda y
Monday-Saturday ,
Sunday "
Monday-Wednesda y
Thursday-Saturda y
Sunday
Monday-Friday
Monday-Saturda y
Sunday
Attachment 7
•
11:00
AM
7 :00
PM
11 :00
AM
9 :00
P M
10:00
AM
9 :00 .
P,M
11 ::00
AM
6:00 '
10 :00
AM
7 :00
P M
10 :0 0
AM
9 :00
P M
11 :0 0
AM
5 :0 0
PM
10 :00
A M
10 :00
A M
11 :00
A M
10 :00
A M
11 :00
AM
•
PH1-5 6
9 :00
A M
10:00
ANT '
1L00
AM
11 :00:
AM ,
11 :0 0
AM
11 :0 0
P M
8 :00
P M
7 :00
P M
6 :3 0
P M
7 :0 0
P M
5 :0 0
P M
Attachment 7
741 Higuera My Ptillow Pe
Monday-W ed n esd ay, Friday-Saturda y .
Thursday
Monday-Saturda y
Sunday
10 :0 0
A M
10 :0 0
AM
6 :00
P M
5 :00
P M
751 Higuera Marshall's Jewelers
Monday-Wednesda y
Thursda y
Saturday
5 :3 0
P M
5 :00
P M
5 :00
P M
Suite 22
110 8
Garden Christy Keeling Attorney
Monday-Thursda y
Friday
9 :0 0
A M
9 :0 0
AM
5 :00
P M
12 :00
P M
110 8
arder
110 8
Garden Keeping the Books
Monday-Thursday
9 :3 0
AM
5 :00
P M
day-Er a
Suite 20 5
Suite 20 2
•
•
•
PH1-57
Attachment 7
PH 1-58
•
•
Sunda y
Monday-Wednesda y
Thursday
Friday-Saturday
11 :00 6 :0 0
AM P M
10 :00 7 :0 0
AM P M
10 :00 9 :0 0
AM P M
10 :00 8 :0 0
AM P M
uera
Monday-Wedres d
rsdh
Sund <
Monday-Saturda y
Thursda y
Sunday
10 :30 7 :0 0
AM P M
10 :30 9 :0 0
AM P M
12 :00 5 :0 0
PM P M
HepKa t
Media Recruiters
SLO Swim
Monday-Friday
9 :00 6 :0 0
AM P M
0:Ot{6.00
AN}?z P M
10 .00 ;9:0 0
11 :0(?.;•6:0 0
AMs TM.'
Monday-Wednesda y
Thursda y
Friday-Saturda y
Sunday
Avg Closing Time
11 :00 6 :0 0
AM P M
11 :00 9 :0 0
AM P M
11 :00 7 :0 0
AM P M
11 :00 6 :0 0
AM P M
6 :0 5
P M
ieuera
Revolv e
Fanny Wrappers
Attachment 7
•Below are the closing times of Bars, Restaurants, and Nightclubs in the Downtown are a
surrounding the proposed SLO Brew project .
11 :00 A M
11 :30 AM
10 :00 AM
atural Cafe
9 :00 AM 10 :00 P M
10 :30 AM 10 :30 P M
11 :30 P M
2 :00 AM
12 :00 AM
Monday-Wednesday,Friday :
Thursda y
Creeky Tiki (Streetside)
7:00 PM"
9:00 PINT°+
•
•
PH1-59
Attachment 8
I lC1W of
j sanluisowspo
Date Received
RECEIVE D
JUL 2 0 201 2
intar rr i=q
Filing Fee : $261 .00*
Paid X\/
NfA
'REFER TO SECTION 4
APPEAL TO THE CITY COUNCIL
SECTION 2. SUBJECT OF APPEA L
1 .
2 .
3.
4 .
5 .
In accordance with the procedures set forth in Title 1, Chapter 1 .20 of the San Luis Obisp o
Municipal Code (copy attached),I hereby appeal the decision of the ;
P1tUMINq COMM' SSLotJ
(Name of Officer, Committee or Commission decision being appealed)
The date the decision being appealed was rendered :11 "TO I y
The application or project was entitled :73 H t G( 15R Pe 6t — K,Q -./ nr
Sto BREW REfflcAttf~fl iAl -f'e C,-fl41 ZDtt'
I discussed the matter with the following City staff member:
MAR.crl~
GARI flat'on
13 11-y
(Staff Member's Name and Department)(Date)
Has this matter been the subject of a previous appeal?If so, when was it heard and by whom :µn
SECTION
Explain
appeal .
necessary.
3.REASON FOR APPEA L
specifically what action/s you are appealing and why you believ e
Include what evidence you have that supports your appeal .You
the Council
may attach
should consider you r
additional pages,if
This form continues on the other side .
Page 1 of 3
PH1-6 0
SECTION I . APPELLANT INFORMATION r
—~SPNti ot~R 7 v~bitoWj~1 CltcoD~e r @ Ca`f~a'y'ad o
Name Mailing Address and Zip Cod e
Phone Fax
jAV toi?,Rn~rJ S73c~oRn~5 . L .D.,9,34 [
Representative's Name Mailing Address and Zip Code
sRE) zy 5 544n1D
Title Phone Fa x
•
Attachment 8
Reason for Appeal continue d
ZaEA-rtF~cOfiD
•
•
This item is hereby calendared for
cc : City Attorney
City Manager
Department Head
Advisory Body Chairperso n
Advisory Body Liaiso n
City Clerk (original )
8109
Page 2 of 3
PH1-61
Attachment 8
APPEAL : Resolution #PC-XXXX-1 2
Save Our Downtown has the purpose to attempt to preserve
the historic character, look and beauty of the inner core o f
San Luis Obispo . We are, therefore, appealing the use permi t
approval by the San Luis Obispo Planning Commission fo r
the re-location of a significantly larger SLO Brew to th e
Carrisa Building at 736 / 738 Higuera Street.
Our concerns are listed as follows in response to th e
Resolution No . PC-XXXX-12 . However, we have othe r
concerns not defined in that document which we would lik e
to mention at the very beginning :
Save Our Downtown is concerned about maintaining the
'quality of life' that currently exists in downtown San Lui s
Obispo . In that regard, we are concerned about th e
continuing deterioration of our Downtown's family-friendl y
aziance resulting from the current approval of too man y
alcohol-related use-permits . We are also concerned that ou r
Downtown will lose its standing as a viable retail center b y
increasing the geographical footprint of alcohol-relate d
uses ...uses that cater almost exclusively to college students .
Finally, the Council's emphasis on increasing workforce
housing in the Downtown core is in direct conflict with thi s
proliferation of alcohol outlets, especially those that wil l
generate noise and attract large crowds of young inebriate d
people into the quieter parts of our City (i .e . the Mission
Plaza and along San Luis Creek).
Our concerns are as follows :
* The San Luis Creek Walk area should not become
the overflow area for alcohol-related, anti-social activities .
* The San Luis Creek area is not suited to nighttim e
activities and there are already in place adequate polic e
surveillance of anti-social activities along Higuera Street .
•
Attachment 8
We are recommending that all nightclub activities b e
focused onto Higuera Street .
With reference to Resolution #PC-X000(-12 we wish to cit e
the following profound objections to staff's conditions fo r
approval . We recommend that these staff recommendation s
and conditions be modified as follows :
Section 1 .Findings .
#3.The findings only refer to impacts at the 'street level '
(i .e ., Higuera Street). There is no reference whatsoever t o
impacts on the San Luis Creek Walk . Pedestrian impacts o n
Mission Plaza and the Creek Walk are not addressed here .
#4.The San Luis Police Department — not the developer's
security guards - will necessarily be involved in addressin g
the increased proliferation of assaults and sex offenses tha t
will take place within the creek area as a result of this ne w
use . These activities are likely to occur within the Creek are a
as a result of poor lighting and significant vegetativ e
obstruction to police surveillance . (However, we are no t
suggesting that the Creekside be fully-lighted, as if it wer e
an empty parking lot). These concerns are partiall y
addressed in the conditions but only after this facility is full y
permitted and operational and we find this unacceptable .
#5.As conditioned, the proposed use is NOT compatibl e
with retail even if potential disturbances and crimina l
activities are minimized . We question the nightclub usage
associated with the 600-seat auditorium between the hour s
of 6 :00 P.M . and 1 :00 A .M.
Already, retail proprietors are complaining about th e
difficulty of maintaining late business hours in the presenc e
of bars and alcohol outlets . How could this new alcohol -
PH1-63
Attachment 8
related activity possibly enhance prospects for more neede d
retail development in the downtown ?
Section 3 .Action .
#2 . There should be in-lieu parking fees assessed for th e
600-seat auditorium in addition to the in-lieu fees fo r
parking related to the change from retail to restaurant .
#22 . The City should not approve routes A, over th e
Warden Bridge, and B, over the Pedestrian Bridge ,
accommodating queuing onto Mission Plaza and along th e
Creek Walk . Queuing should only be on Higuera Street a s
this street is already adequately policed and lighted .
#24 .The planning, funding and installation of improve d
lighting in the Mission Plaza and Creek Walk area shoul d
take place before the 600-seat auditorium is operational an d
not afterwards .
#31 . This is typical "ad hoc" planning . The City know s
that assaults and sex offences will likely occur within th e
Creek Walk area and because of this, the City places al l
responsibility on the developer . Only after these assaults an d
sex offences occur will the City then determine if this is a n
incompatible use . But the question needs to be asked : Is th e
City truly absolved of all responsibility? Moreover, "a d
hoc" planning appears to be the only default option as ther e
is no coherent San Luis Creek Master Plan to follow .
•
Attachment 8
city of san Luis o5lsp o
zoning Regulation s
•
JuLy 201 2
•
•
Chapter17 .66 :Appeal s
Sections :
17 .66 .010 Standing to appeal .
17 .66 .020 Time limits .
17 .66 .030 Course of appeals .
17 .66 .040 Content of appeals .
17 .66 .050 Hearings and notice .
17 .66 .010 Standing to appeal .
Any person may appeal a decision of any official body, except that administrative decision s
requiring no discretionary judgment, as provided in Chapter 1 .20, may not be appealed .
(Ord . 941 - 1 (part), 1982 : prior code - 9204 .8(A))
17 .66 .020 Time limits .
Appeals must be filed within 10 calendar days of the rendering of a decision which is bein g
appealed . If the tenth day is a Saturday, Sunday or holiday, the appeal period shall exten d
to the next business day . (Ord . 941 - 1 (part), 1982 : prior code - 9204 .8(8))
17 .66 .030 Course of appeals .
A.Decisions of the Director shall be appealed to the Planning Commission . Such appeal s
shall be filed with the Director .
B.Decisions of the Planning Commission shall be appealed to the Council . Such appeal s
shall be filed with the City Clerk . (Ord . 941 - 1 (part), 1982 : prior code - 9204 .8(C))
17 .66 .040 Content of appeals .
The appeal shall concern a specific action and shall state the grounds for appeal . (Ord . 94 1
- 1 (part), 1982 : prior code - 9204 .8(D))
17 .66 .050 Hearings and notice .
A.Action on appeals shall be considered at the same type of hearing and after the sam e
notice that is required for the original decision .
B.Once an appeal has been filed, it shall be scheduled for the earliest available meeting ,
considering public notice requirements, unless the appellant agrees to a later date .
(Ord . 941 - 1 (part), 1982 : prior code - 9204 .8(E))
paq ''p'1-65
Attachment 9
•
RESOLUTION NO . PC-XXXX-1 2
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSIO N
APPROVING A NIGHT CLUB USE PERMIT TO ALLOW RELOCATION OF SL O
BREWING COMPANY IN THE HISTORIC DOWNTOWN COMMERCIAL ZON E
(736/738 HIGUERA STREET, A 57-12 )
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a publi c
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on Jul y
11, 2012, for the purpose of considering application #A 57-12 ; and
WHEREAS, notices of said public hearing were made at the time and in the manne r
required by law ; and
WHEREAS, the Planning Commission has duly considered all evidence, including th e
testimony of the applicant, interested parties, and the evaluation and recommendations by staff ,
presented at said hearing .
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Sa n
Luis Obispo as follows :
Section 1 .Findings .Based upon all the evidence, the Commission makes the followin g
findings :
1.As conditioned, the use will not harm the general health, safety, and welfare of people livin g
or working in the vicinity because conditions on the Use Permit approval will minimize nois e
impacts as well as impacts to police resources and the community .
2.The proposed project is consistent with the General Plan, which designates the project site a s
Downtown Commercial (C-D). The City General Plan Land Use Element Policy 4 .3 ,
Entertainment and Cultural Facilities, states that "...Entertainment facilities, such a s
nightclubs and private theaters, should be in the downtown ..."
3.The proposed project is consistent with General Plan policy to locate, at the street level ,
restaurants, stores, and other uses benefiting from and contributing to pedestrian traffic (LU E
4 .16 .1).
4.The property owner has agreed to conditions of approval that place restrictions on their use o f
the property to insure that nuisances and significant burdens on police resources do not occur .
5.As conditioned, 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 o f
approval have been adopted to minimize potential disturbances and criminal activities .
•
•
PH1-66
Attachment 9Planning Commission Resolution No . PC-XXXX-1 2
•A 57-12 (736/738 Higuera Street )
Page 2
Section 2 .Environmental Review .Categorically exempt under Class 1, Existing Facilities ,
Section 15301 of the CEQA Guidelines because the project proposes the relocation of a busines s
into an existing building with no overall increase in floor area .
Section 3 .Action .The Planning Commission does hereby approve Use Permit #A 57-1 2
subject to the following conditions :
1.Prior to establishment of the use, a building plan check submittal that is in full conformanc e
with submitted project plans and the following conditions of approval shall be submitted fo r
review and approval of the Community Development Department .
2.Prior to release of occupancy, the applicant shall pay applicable parking in-lieu fees for th e
change in use from retail to restaurant, a difference of approximately 12 parking spaces .
3.The applicant shall provide a minimum of ten short-term bicycle parking spaces on-site .
4.Entertainment shall be located in the area specified on floor plans stamped with Communit y
Development Department approval .
5.Live entertainment, above the level that is compliant with the City's definition of ambient ,
• shall be confined to the second level auditorium as shown on project plans and entertainmen t
events shall not be performed outside the hours of 6 p .m . to 1 a.m . General hours for use o f
the space that does not include live entertainment shall be as proposed by the applicant ; 11 am
to 2 am Monday through Friday, and 9 am to 2 am Saturday and Sunday .
6.The proposed use shall operate in conformance with the City Noise Ordinance (M .C . Chapte r
9 .12,Noise Control) to maintain compatibility with the nearby residences and businesses .
7.The applicant is responsible at all times for knowing the legal age, state of sobriety, an d
general state of all patrons .
8.The applicant shall ensure that no intoxicated patron is furnished with alcohol .
9.No individual under 21 years of age, or without proper identification, shall be served or sol d
alcohol.
10.No alcoholic beverages shall be consumed on any property adjacent to the licensed premise s
under the control of the licensee(s).
11.First level and roof level music/entertainment, recorded or performed, shall be clearl y
incidental allowing for normal conversation levels, and shall be consistent with the City's
definition of ambient entertainment .
•
12 .The roof level patio shall be open to patrons no later than 11 pm nightly .
PH1-67
Planning Commission Resolution No . PC-XXXX-12
Attachment 9
A 57-12 (736/738 Higuera Street)
Page 3
13.The applicant shall provide a transparent sound barrier surround (e .g . laminated glass) atop th e
42 inch high guard (shown on project plans, sheet 4) of the proposed roof level patio . Thi s
transparent surround shall be recessed (inward) from the outermost edge of the 42 inch hig h
guard so that it is not visible from the patio below .
14.The applicant shall make reasonable efforts to minimize the potential for adverse noise an d
crowd impacts on adjacent establishments and nearby residences, including, but not limited to ,
ensuring that all windows and doors are closed during entertainment .
15.Prior to release of occupancy, the applicant shall upgrade and formalize the security plan t o
reflect operation at the 736/738 Higuera Street location . This shall include a site plan/floo r
plan detailing the locations and duties of security personnel and shall note maintenance/patro l
of patron lines including routes A and B, to the satisfaction of the Community Developmen t
Director and Police Department. This plan shall be reviewed and approved by the Polic e
Department on an annual basis .
16.The security plan shall include a detailed section explaining how maximum occupant loa d
limits will be maintained .
17.The security plan shall note "no person will be prevented from using the emergency exi t
stairway that passes by the `Green Room' in the event of an emergency," and that "no ac t
utilizing pyrotechnics or live fire will be permitted ."
18.To address complaints and minimize the need for police response to minor issues, an owner o r
manager shall be on premises at all times when entertainment is performed, and shall b e
available to be contacted by a City representative and/or adjacent property owner or tenant .
19.All employees shall attend ABC LEAD Training or equivalent training .
20.The applicant shall be responsible for on-going security/safety training to accommodat e
changes in personnel .
21.The site shall be maintained in a neat and orderly manner at all times . The applicant shall b e
responsible for daily cleanup maintenance of the front and back patio areas, the areas of patro n
queuing along routes A and B, and any waste associated with the business in Mission Plaza .
22.The applicant shall be responsible for managing/patrolling outdoor crowds and queuing as a
result of this use . An orderly line of patrons awaiting entry that does not block public acces s
on, or use of, the sidewalk or street shall be maintained . Queued patrons awaiting creek-sid e
entry to the second level auditorium shall follow routes A and B (Attachment 4). Route A
patrons shall be tightly aligned along the north/northwestern creek-side wall/railing of th e
pedestrian easement and the western-most side of Warden Bridge . Route B patrons shall b e
tightly aligned along the east/southeastem creek-side guard rail and the eastern-most side o f
the pedestrian bridge . These orderly patron lines shall have the appropriate gaps to allo w
pedestrians to circulate across the lines unobstructed .
PH1-68
•
•
•
Planning Commission Resolution No . PC-XXXX-12
Attachment 9
A 57-12 (736/738 Higuera Street)
Page 4
23.Post-event patrons shall be directed to exit the second level auditorium through the Higuer a
Street exit . This shall be noted in the security plan and on security floor/site plans .
24.Plans submitted for a building permit shall show and note the patron queuing areas (Routes A
and B). The patron route (Routes A and B) shall be upgraded as necessary to remove an y
obstructions or uneven pavement, to the satisfaction of City Building Division and Publi c
Works Department . Pathway upgrades shall include an evaluation of creek-side lighting level s
including the length of the patron routes, and may require an upgrade to path lighting .A
lighting plan for the creek-side patio shall be provided for review and approval by the Polic e
and Community Development Departments .
25.Construction work related to any proposed path upgrades shall be coordinated with th e
upcoming City Capital Improvement Project to upgrade the patron route from Mission Plaz a
over the Warden Bridge .
26.Tour buses, vans, trailers, and other support vehicles shall load/unload equipment and supplie s
at approved parking locations . The proposed parking areas shall be approved by the City's
Parking Division . The applicant will be responsible for posting of any required "no parking "
signage in accordance with City standards . The applicant shall pay for any displaced parkin g
• spaces/meters in accordance with the current standards where applicable . Post-9 p .m . bus
loading/unloading shall not occur along Monterey Street, nor along Broad Street north o f
Monterey Street .
27.Tour buses, vans, other support vehicles shall be switched off (no idling or generator s
running) while parked .
28.The applicant shall maintain and operate a video recording system that records activity at al l
entrances and exits during all business hours . The video shall be of a quality suitable for late r
identification of customers and staff. It will be recorded in a manner that may be retrieved an d
provided to police immediately upon demand . Video data shall be retained for a minimum o f
72 hours .
29.Business shall be conducted in a manner that will not violate any provisions of the California
Alcoholic Beverage Control Act, providing against the sale of alcohol to minors (§25658 )
maintaining the public health, morals, convenience, and safety (§25601); and taking
reasonable steps to correct any objectionable conditions on the premises and immediatel y
adjacent to the premises (§24200).
30.This permit is strictly limited to allow only the occupant load for the premises as approved b y
the City of San Luis Obispo Fire Department . Occupant loads approved by the City of Sa n
Luis Obispo Fire Department shall be posted at all times .
•31 . This Use Permit shall be reviewed by the Planning Commission one year from date o f
occupancy . The Planning Commission shall have the ability to modify, delete, or ad d
PH 1-69
Planning Commission Resolution No . PC-XXXX-12
Attachment 9
A 57-12 (736/738 Higuera Street)
Page 5
conditions that are necessary to minimize operational impacts to adjacent businesses an d
residences .
32.This Use Permit shall be reviewed by the Planning Commission if any warranted complaint s
about noise, litter, traffic problems, disturbances, damage to property, injuries to persons ,
failure to cooperate with peace officers under circumstances related to the operation of thi s
business, or incidents involving significant physical altercations or threats to public safety, o r
reasonable written complaint is received from any citizen, code enforcement officer, or fro m
the Police Department or upon receipt of evidence that the use is not in compliance wit h
conditions of approval and the Municipal Code . At the time of the Use Permit review, t o
insure on-going compatibility between uses on the project site, conditions of approval may be
added, deleted, or modified .
33.Upon a significant change to the business, as identified in the applicant's project descriptio n
and security plan, the Use Permit shall be reviewed by the Community Development Directo r
for compliance with conditions of approval, or to determine whether a modification to the Us e
Permit is necessary.
34.Special event hours of 6 am to 1 am are approved for winter/spring graduation, St . Patrick's
Day, and Cinco de Mayo . Outdoor areas shall not open prior to 9 am .
35.The applicant shall provide a noise analysis for the proposed metal staircase . The analysi s
shall include noise mitigation measures to comply with the City's Noise Ordinance .
Code Requirements
The following code requirements are included for informational purposes only . They serve to giv e
the applicant a general idea of other City requirements that will apply to the project . This is no t
intended to be an exhaustive list as other requirements may be identified during the plan chec k
process.
Utilities Departmen t
1.The applicant shall submit a plan that delineates the location of the property's existing an d
proposed water meter(s), water services, and sewer laterals to the points of connection at th e
City water and sewer mains .
2.If the property's existing sewer lateral is proposed to be reused, submittal of a vide o
inspection will be required for review and approval of the Utilities Department during th e
Building Permit Review process . If a new lateral is proposed, the existing lateral must b e
abandoned per City standards .
3.Provisions shall be made for grease interceptors and FOG (fats, oils, and grease) storag e
within the project's solid waste enclosure . These types of facilities shall also provide an area
•
•
•
PH1-70
Planning Commission Resolution No . PC-XXXX-12 Attachment 9
•A 57-12 (736/738 Higuera Street)
Page 6
inside to wash floor mats, equipment, and trash cans . The wash area shall be drained to th e
sanitary sewer .
Building Departmen t
4.Group A assembly occupancies that have an occupancy load greater than 300 shall b e
provided with a Main Exit with sufficient width to accommodate not less than one-half of th e
occupant load. The Main Exit shall front on at least one street not less than 20 feet in widt h
that adjoins a street or an unoccupied space . CBC 1027 .1, 1028 .2
5.Provide one-hour fire-resistance construction at existing Second Floor openings withi n
exterior walls where fire separation distance is less than three feet to adjacent buildings o r
property lines . Openings are not permitted . CBC Table 705 .8
6.Provide as accessible route of travel connecting all elements and spaces including elevate d
Stage area on Second Floor . CBC 1103B .1, 1104B .3 .1 0
7.Provide Minimum Plumbing Facilities Calculation on Plan . 2010 CPC Chapter 4, Table A an d
Table 4-1 Provide plumbing facilities for permanent employee for assembly places .
8.Structural Occupancy Category III, public assembly with an occupancy load greater than 300 .
CBC Table 1604 .5
9.Provide existing building's seismic base shear capacity and percentage of change calculatio n
relative to increased value due to the change of Occupancy Classification and the new Roo f
Deck and other load increase . Alterations to existing structures are permitted to be mad e
without requiring the structure complying with Section 1613 provided alterations do no t
increase the seismic force in any existing structural element by more than 10% cumulative .
10.All construction shall be in conformance with :
2010 California Building Code (CBC) based on 2009 IB C
2010 California Electrical Code (CEC) based on 2008 NE C
2010 California Mechanical Code (CMC) based on 2009 UM C
2010 California Plumbing Code (CPC) based on 2009 UP C
2010 California Fire Code (CFC) based on 2009 IF C
2010 California Green Building Code (CGBC )
2010 California Energy Cod e
2010 California Reference Standard s
Fire Departmen t
11.Construction Type and Occupancy : Please indicate CBC Construction type for this building .
Please indicate if the structure on the roof will be considered a third story . Note : three story
assembly buildings are not permitted in non-fire-rated buildings .
PH1-7 1
•
•
Planning Commission Resolution No . PC-XXXX-12
Attachment 9
A 57-12 (736/738 Higuera Street)
Page 7
12.Please calculate each assembly room for its maximized use . As this is intended to be a nigh t
club and a stage is included on the first floor, and there may be concentrated use on the 3r d
floor please provide occupant loads using both the 15 square feet per person for dining and 5
square feet per person for concentrated use .
13.Provide third exit from first floor if concentrated use occupant load exceeds 299 persons .
14.Provide third exit from second floor auditorium room . (The third stairway is only accessibl e
from the main exit access from the auditorium).
15.The doorways to and from the exit stairways shall not reduce the required exit width for stairs .
16.Provide a second stairway from the roof as the occupant load is 30 or more .
On motion by
, seconded by
, and on the following
roll call vote :
AYES :
NOES :
REFRAIN :
ABSENT :
The foregoing resolution was passed and adopted this 11 t ' day of July, 2012 .
Doug Davidson, Secretary
Planning Commission
•
•
•
PH1-72
Attachment 1 0
•CITY OF SAN LUIS OBISPO
PLANNING COMMISSION AGENDA REPORT
MEETING DATE :July 11,201 2
BY :Marcus Carloni, Planning Technician (781-7176 )
FROM : Doug Davidson, Deputy Director of Community Development Departmen t
FILE NUMBER :A 57-1 2
PROJECT ADDRESS :736/738 Higuera Stree t
SUBJECT :Review of a night club (SLO Brewing Company) relocation in the Histori c
Downtown Commercial (C-D-H) zone .
RECOMMENDATIO N
Adopt attached resolution recommending approval of the Use Permit .
SITE DATA
Hamish Marshall : San Lui s
Downtown Managemen t
Carol Florence : Oasis Associates ,
Inc .
C-D-H (Historic Downtow n
Commercial )
General Retai l
"10,800 square feet
Exempt from environmenta l
review under Class 1 (Sectio n
15301), Existing Facilities, of th e
CEQA Guidelines .
BACKGROUND
The applicant, San Luis Downtown Management, is requesting to allow operation of a Nigh t
Club and restaurant at the subject property as the new location for the existing SLO Brewin g
Company, currently located at 1119 Garden Street .
A Use Permit is required for a night club facility providing dancing and entertainment . Th e
•Zoning Regulations definition of a night club includes live or recorded music and/or dancing ,
comedy, disc jockeys, etc ., which may also serve alcoholic beverages for on-site consumption .
PH1-7 3
ITEM #2
Applican t
Representativ e
Zoning
General Pla n
Site Area
Environmenta l
Statu s
•
A 57-1 2
736/738 Higuer a
Page 2
Attachment 1 0
The definition does not include ambient music, which is defined separately as incidental acousti c
or recorded music .
At the discretion of the Community Development Director, an Administrative Use Permit may b e
referred to the Planning Commission (MC 17 .58 .030 .A3). The Community Developmen t
Director has referred this review to the Planning Commission given the scope of the propose d
night club venue and potential associated impacts to the neighborhood .
ALCOHOL OUTLET REVIE W
For the past two years, staff has been collecting information and developing strategies to reduc e
public safety problems and negative impacts associated with alcohol outlets . In October 2009 ,
staff presented a study to the Council that correlated police-related incidents with alcohol outlets ,
along with several recommendations to improve public safety . The City Council directed staff t o
explore a range of strategies, enhance local regulations, and engage a wide variety o f
stakeholders . On November 16, 2010, staff provided an update to the Council on progress mad e
in exploring these strategies and initiated a Nightlife Public Safety Assessment ("Assessment").
This Assessment was presented to the Council in November, 2011 . Council direction was t o
bring forth amendments to the Zoning Regulations to reduce public safety problems associate d
with alcohol outlets . Amendments reviewed by the Planning Commission on April 25, 2012 an d
Council on May 15, 2012 resulted in the following changes to the Zoning Ordinance :
1.
Revised zoning definition of restaurant and convenience stor e
2.
New Restaurant zoning definition (late hour alcohol service) and liquor stor e
3.
Use Permit requirement for late hour alcohol service restaurants and liquor store s
4.
Deemed Approved Ordinance for existing alcohol outlet s
The Ordinance Amendments were continued by the Council to define the role of the Downtow n
Association in the Deemed Approved violation and hearing process . The Ordinanc e
Amendments were approved by the City Council on June 19, 2012 . The second reading is July
10, 2012 and the new Ordinance becomes effective on August 10, 2012 .
The Assessment brought together a wide variety of stakeholders to identify issues and impact s
associated with alcohol outlets from different perspectives . Approximately 60 representative s
from various businesses and organizations participated in the process, which included a two-hou r
orientation session and four separate "roundtable" discussions organized by perspective –
Community, Hospitality, Safety and Development .
The final Nightlife Assessment report was presented to Council on November 15, 2011 . As a
follow-up to the Assessment report and stakeholder engagement process, several of the bar ,
nightclub, and restaurant owners/operators formed the Safe Night Life Association (formerly th e
Restaurant and Bar Owners Association).
The Safe Night Life Association's (SNL) input into formation of the alcohol outlet Ordinanc e
PH1-74
•
•
A 57-12
Attachment 1 0
736/738 Higuer a
Page 3
Amendments and its defined role as a peer review committee in the Deemed Approve d
Ordinance are positive outcomes of this two-year process . The SNL is a sanctione d
subcommittee of the Downtown Association and has (or is) working to implement its own ne w
following programs to address alcohol-related problems :
1.SLO Safe Ride .A late-night transportation service to take downtown patrons to thei r
neighborhoods .
2.Downtown Clean-Up . A downtown clean-up service to keep the downtown clea n
after late-night use .
3.ABC LEAD (Licensee Education on Alcohol and Drugs) Training .An educationa l
program for employees put on by the ABC that provides practical information o n
responsible serving practices .
4."One 86-All 86" Plan .An information sharing plan to bar patrons who have bee n
ejected from one downtown bar from all downtown bars .
5.Patron Responsibility .A marketing program focused on personal responsibility an d
safety for patrons .
Although it is still too early to draw conclusions about SNL's impact on downtown alcoho l
problems, the Police Department has some recent statistics that show a relative decrease i n
downtown alcohol-related incidents .
2010-2011* 2011-2012**
63 55 13 %
115 50 57 %
33 28 15%
`09/01/2010 through 02/28/201 1
**09/01/2011 through 02/28/201 2
The group did have a noticeable impact on St . Patrick's Day as the alcohol-related incidents wer e
substantially down from last year . While the inclement weather certainly contributed to reduce d
problems, active outreach to the community is also believed to have contributed to reduce d
alcohol related issues . SNL took the lead on installing portable public restrooms which greatl y
reduced public urination in the downtown .
SITE DESCRIPTIO N
The subject property is located along Higuera Street (Attachment 1, Vicinity Map) in the Histori c
Downtown Commercial (C-D-H) zone . The property is bounded by Downtown Commercia l
zoning on all sides . The property backs up to San Luis Obispo Creek with Mission San Lui s
Obispo and residences beyond to the north and northwest . The property is adjacent to retail ,
•restaurant, and bar/tavern and night club uses, with some downtown upper level residences .
•
•
Reductio n
r
<.<
PH1-7 5
A 57-1 2
736/738 Higuera
Page 4
Attachment 10
•
The site contains the 15,000 square foot two story Carrisa building which currently includes tw o
retail storefronts on the ground floor with offices on the second floor . The Carrisa Building, built
in 1905, is a Master List Historic Resource . The proposed improvements will possibly requir e
review by the Cultural Heritage Committee, and will require review by the Architectural Revie w
Commission .
PROJECT DESCRIPTIO N
In association with the recently approved Garden Street Terraces project, the applicant plans t o
relocate the existing SLO Brewing Company business to the subject location . External
improvements along Higuera Street include a new rounded storefront system with counter seatin g
and tables and chairs, and addition of a metal awning . Improvements at the rear of the buildin g
(creek-side) include removal of the existing upper level offices and associated wood beams, an d
removal of the wood stair to be replaced with an external steel staircase leading to a roof leve l
patio . Improvements also include a new leveled walking surface, patio dining, and removal of th e
existing 36 inch diameter Black Walnut tree . The proposed floor plan will include a first level
(street level) restaurant/bar and brewery, with outdoor dining along Higuera Street and at th e
back of the building along San Luis Obispo Creek . The first floor will also include space fo r
ambient 'live entertainment . The second level will include offices and an approximately 3,00 0
square foot concert venue/auditorium with an approximate occupant load of 600 persons . The
auditorium will also include a bar, and a moveable partition to enclose the space fo r
performances with a smaller crowd . The applicant proposes construction of a roof level patio
atop the back (creek side) of the building at approximately 1,000 square feet . The patio wil l
include customer seating and a bar. The applicant proposes ambient level recorded music for th e
rooftop patio . The Building and Fire Departments are working with the applicant to establis h
proper exiting of the roof level patio .
The applicant proposes to maintain SLO Brewing Company's current hours of operation whic h
are as follows :
Monday - Friday Saturday -Sunda y
*Winter/Spring graduation, St. Patrick 's Day, Cinco de Mayo
This request to relocate the night club use to the Carrisa building will help meet unreinforce d
masonry (URM) strengthening objectives . The Carrisa building met Level A strengthenin g
requirements in 1995 . Level A strengthening provides 75% better safety by connecting the roo f
and floor assemblies to the walls of the building. Additionally, the parapets are braced whic h
reduces the hazard to the public right-of-way . Although the complete strengthening of the
Zoning Regulations Chapter 17 .100 . Ambient Entertainment. Acoustic or recorded music, or live readings o f
books or poetry, which is clearly incidental, that allows for normal conversation levels, and for which no cove r
fee or ticket is required .
•
•
PH1-76
•
A 57-1 2
736/738 Higuera
Page 5
Attachment 1 0
Carissa building was due July 1, 2012, the building owners have been collaborating with the
Chief Building Official and have made progress by submitting this request for relocation of th e
night club that is currently approved at 1119 Garden Street. The property owners have propose d
a coordinated effort to help facilitate and propel the Garden Street Terraces project forward . An
approval to allow the night club to relocate to the Canisa building will result in reduced number s
of patrons at 1119 Garden Street . It may also facilitate strengthening of 1119 Garden Street prio r
to 2015 .
CIRCULATIO N
The first level of the building will be accessed from its main entrance along Higuera Street an d
its secondary entrance at the rear of the building along the creek .
The second level will have three points of access ; an internal staircase from Higuera Street, an
internal elevator from the first floor, and the proposed external staircase at the creek-sid e
entrance to the building. When the second level auditorium is scheduled for use as a concer t
venue or other event with high patron volume, the applicant proposes use of the building's creek -
side entrance as the main entrance ; queuing patrons along the creek-side pedestrian easement a s
shown in Attachment 4, Circulation Plan . The creek-side queuing of patrons was a City Police
Department recommendation to the applicant during the preliminary planning phase of th e
• project . The applicant also proposes parking of the band's buses along Monterey Street, adjacen t
to the History Center, and using the routes shown in Attachment 4 for loading and unloading o f
band equipment . Attachment 4 illustrates the two proposed routes for queuing of concert patrons ;
Route A uses the Mission Plaza's Warden Bridge when an event is not taking place at Missio n
Plaza, and route B uses the pedestrian bridge subject to Mission Plaza event activity .
The roof level patio,like the second level, will have three points of access ; an internal staircas e
from Higuera Street (not shown on project plans ; shown on recently updated plans ; will b e
provided at the hearing), an internal elevator from the first and second floors, and an externa l
staircase at the creek-side entrance to the building .
Staff Evaluation :Staff concerns with regard to circulation include the following ; 1 )
effect on nearby residents/businesses and police resources of a high volume of concer t
patrons exiting the building during late night hours, and 2) effect on nearby residents o f
post-concert bus loading during late night hours .
1) Post-concert-exiting patrons will likely exit the building through the same route use d
to enter the building . As discussed above, concert patrons will use the creek-sid e
entrance to the building to access the second level auditorium. The late night, high-
volume, post-concert release of patrons through this creek-side exit, which channel s
patrons to Monterey Street and/or Mission Plaza, may disturb adjacent businesses and
especially nearby residents . Staff recommended conditions of approval requir e
security staff to exit post-concert patrons to Higuera Street ; the Police Department i s
•
supportive of this exiting route . Recommended conditions also require upgrades alon g
PH1-77
A 57-1 2
736/738 Higuera
Page 6
Attachment 10
•
the creek-side patron routes (Routes A and B, Attachment 4) as necessary to remov e
any obstructions/uneven pavement, to the satisfaction of the Building and Publi c
Works Departments .
2) The applicant proposes to park the band's buses along Monterey Street, adjacent t o
the History Center, for loading/unloading of band equipment ; utilizing routes A and B
(Attachment 4) to access the subject location . To address the potential noise impact s
on nearby residents due to late night loading/unloading of band equipment, staf f
recommended conditions of approval require bus engines and related generators to b e
switched off while equipment and personnel are loaded/unloaded . Staff recommende d
conditions require the bus parking locations be approved by the City's Parkin g
Division, as is the current operation at the 1119 Garden Street location . However,
post-9 p .m. bus loading/unloading shall not occur in the area along Monterey Stree t
marked "tour bus parking" which is adjacent to residences .
NOIS E
The applicant recognizes the potential for adverse noise effects on neighboring businesses an d
residents and has thus provided a sound level assessment (Attachment 5) performed by Mr .
David Lord of 45dB .com. The applicant proposes "acoustic isolation" of the second leve l
auditorium space from the exterior of the building as well as from the first level and roof level .
This will be accomplished through the use of an acoustically designed air handling system, rigi d
fiberglass panels/acoustically engineered gypsum board, acoustically designed window glazing ,
and "air-locking" of second level entry and exit areas . The applicant also proposes a Gyperet e
mass floor to dampen vibration between the first and second levels . The applicant's sound leve l
assessment performed by Mr . David Lord establishes an overall sound reduction of 50 to 70 dB
and states the second floor space will be inaudible in the outdoor areas surrounding the subjec t
location .
The sound level assessment provides an analysis of noise generated by the roof level pati o
(Attachment 5, Figure 4). Sound level contours are based on the proposed recorded music leve l
(assuming 80 dB) and when compared to Figure 1 of Attachment 5 (Baseline Sound Leve l
Survey) is shown to have less than a one dB impact on neighboring uses . Staff has concerns with
potential roof level noise creation, as discussed below .
Staff Evaluation :Staff concerns with noise produced by the proposed business includ e
the following ; 1) late night noise from bar operation on the first level, 2) musical event s
and associated patrons at the second level auditorium, and 3) conversation/music levels a t
the roof level patio .
1) To address noise concerns with proposed late-night bar operation on the first level o f
the building, staff recommended conditions of approval require all doors an d
windows to be closed during entertainment and ensure recorded music and liv e
performances are clearly incidental allowing for normal conversation levels ,
consistent with the City's definition of ambient entertainment .
•
•
PH1-78
•
A 57-1 2
736/738 Higuer a
Page 7
Attachment 1 0
2)As proposed by the applicant and Mr . David Lord, sound attenuating measures for th e
second level auditorium will mitigate sound to a level that will be inaudible in th e
outdoor areas surrounding the subject location . Staff recommended conditions o f
approval address the potential noise impact of patrons leaving the second leve l
auditorium upon conclusion of an event, as discussed in the Circulation Staf f
Evaluation above .
3)The sound level assessment for the roof level patio assumes 80 dB of noise from a
recorded music source. As shown in Figure 4 (Attachment 5), noise from this sourc e
will lower to approximately 70 dB as is reaches the property lines . The noise contour s
were based on recorded music rather than human voices which may have the ability t o
travel sound farther than indicated in the sound level assessment . This noise ma y
affect nearby uses including nearby single-family residences along Monterey Street .
Staff has received project concerns from the Monterey and Palm Street resident s
based on operation of existing businesses with outdoor entertainment/amplifie d
music . Staff recommended conditions of approval require a transparent sound bathe r
atop the 42 inch high guard (shown on project plans, sheet 4). Inclusion of this soun d
barrier will lower the noise level by approximately 10 dB, making noise from thi s
source no higher than the ambient noise levels shown in Figure 1 of Attachment 5 .
Additionally, the Police Department is recommending closing of the roof level pati o
to patrons no later than 12 am (midnight).
•
SECURIT Y
The applicant's security plan section of the submitted project description (Attachment 6 )
discusses SLO Brewing Company's security management which includes a professional Manage r
and/or owner on premises during all hours of operation, two front doormen and one bac k
doorman on duty during all entertainment events, and two stage-side security personnel a s
needed. The applicant proposes cooperation with, and attendance of, San Luis Obispo Polic e
Department (S .L .O .P .D .) and Department of Alcoholic Beverage Control (A .B .C .) training
programs .
Staff Evaluation :.Staff conditions of approval require an orderly line of patrons awaitin g
entry to the building that does not block public access on, or use of, the walkways, to b e
patrolled and maintained by security personnel . Conditions also include daily cleanup o f
pedestrian routes and cleanup of any waste associated with the business in Mission Plaza .
Conditions also require the security plan be updated and formalized to reflect operation a t
the 736/738 Higuera location including a floor plan detailing location and duties o f
security personnel and security maintenance of patron lines, to the satisfaction of th e
Police Department ..
USE PERMIT RESOLUTION SUMMARY
Recommended conditions of approval for the Use Permit, in addition to those mentioned unde r
•staff evaluations above, include ensuring the use is consistent with the applicant's submitte d
PH1-79
A 57-1 2
736/738 Higuera
Page 8
Attachment 10
•
project description and security plan . Conditions such as the mandatory closing of windows an d
doors during events reduce noise and crowd impacts on adjacent establishments and residences .
Also included are requirements for maintaining a video recording system and ensuring on-goin g
security/safety training to accommodate staff changes . Staff has included conditions requiring a
manager be present and available for contact by a City representative and/or adjacent property
owners/tenants during events to minimize the need for police response to minor issues .
Staff recommended conditions of approval provide consistency with City Council direction t o
enhance alcohol outlet regulation ; aimed at reducing the number of alcohol-associated incident s
and police responses, and promoting a safer downtown environment . Conditions have also bee n
added to ensure proper maintenance and clean-up of the site and its surroundings .
Additionally, staff is recommending an automatic review hearing one year from date of approva l
to ensure compliance with conditions of approval and compatibility with the project site and use s
in the vicinity . The one-year review will be an opportunity to determine if any conditions need t o
be modified based on the operational characteristics of the night club .
The Police Department has reviewed the application and has no objections if conditions ar e
adopted to mitigate and address operational concerns and potential conflicts with the downtow n
neighbors .
CONCLUSIO N
Staff has evaluated the project's potential impacts and has included newly created conditions o f
approval and enhanced existing City standard Night Club Use Permit conditions to address thes e
impacts, and to be consistent with City Council direction for regulation of alcohol outlets . Staff
evaluation of the proposed use and recommended conditions of approval provide compatibilit y
with the project site and with existing and potential uses in the vicinity .
Additionally, the proposed project will facilitate the development of Garden Street Terraces,a
major downtown redevelopment project, and will facilitate the full seismic retrofit of the subjec t
location and the 1119 Garden Street location .
ALTERNATIVE S
1.Continue the item . An action to continue the item should include a detailed list of additiona l
information or project modifications required .
2.Deny the project . Action denying the application should include the basis for denial .
ATTACHMENT S
Attachment 1 : Vicinity map Attachment 5 : Sound Level Assessment
Attachment 2 : Applicant project description Attachment 6 : Security Pla n
Attachment 3 : Project Plans Attachment 7 : Resolution
Attachment 4 : Circulation Plan
•
•
PH1-80
Attachment 1 0
SAN LUIS OBISP O
PLANNING COMMISSION MINUTE S
July 11, 201 2
CALL TO ORDER/PLEDGE OF ALLEGIANC E
ROLL CALL : Commissioners John Fowler, Airlin Singewald, Michael Multari, Chuc k
Stevenson, John Larson, Vice-Chair Eric Meyer, and Chairperson
Michael Draz e
Absent :Non e
Staff: Deputy Community Development Directors Doug Davidson and Ki m
Murry, Housing Programs Manager Tyler Corey, Planning Technicia n
Marcus Carloni, Interim Assistant City Attorney Rob Schultz, an d
Recording Secretary Tammy Ston e
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as presented .
MINUTES :
Minutes of June 27, 2012, were approved as amended .
PUBLIC COMMENTS ON NON-AGENDA ITEMS :
David Brodie expressed concern regarding night club and bar/tavern land uses in th e
Downtown Area .
There were no further comments made from the public .
PUBLIC HEARINGS :
1 .1600 Bishop Street .GPC 71-12 : General Plan conformity review of a propose d
residential care facility use on County-owned property (Sunny Acres); C/OS-40 an d
R1 zone ; County of San Luis Obispo, applicant . (Tyler Corey)
Tyler Corey, Housing Programs Manager, presented the staff report, recommending th e
Planning Commission determine, and report to the City Council, that the propose d
surplus and sale of the Sunny Acres building and surrounding property for a residentia l
care facility use is in conformance with the General Plan .
Commr. Fowler asked whether the property was on the City's Master List of Histori c
Resources .
Staff responded that the property was on the City's Master List of Historic Resources .
PH1-81
Attachment 1 0
Planning Commission Minute s
July 11, 201 2
Page 2
PUBLIC COMMENTS :
Jill Bolster-White, Executive Director of Transitions Mental Health, commente d
regarding the project and funding .
There were no further comments made from the public .
COMMISSION COMMENTS :
Commr. Larson supported the use and development proposal .
Commr. Singewald commented regarding the proposal's consistency with General Pla n
Conservation and Open Space and Housing Elements policies and programs .
Vice-Chairperson Meyer supported the residential care facility use proposed for th e
building and site .
Commr . Multari agreed the project conformed to the General Plan .
Commr. Stevenson commented that one of the major goals of the County was t opreserve the building .
Vice-Chairperson Meyer requested the community be invited to view the building whe n
the residential care facility opens .
There were no further comments made from the Commission .
On motion by Commr. Multari, seconded by Commr . Stevenson, to determine an d
report to the City Council, that the proposed surplus and sale of the Sunnv Acre s
building and surrounding property for a residential care facility use is in conformanc e
with the General Plan .-
AYES :Commrs . Multari, Stevenson, Fowler, Singewald, Meyer, Draze, an d
Larso n
NOES :Non e
RECUSED :Non e
ABSENT :Non e
The motion passed on a 7 :0 vote .
2 .736 Higuera Street .A 57-12 : Review of a night club (SLO Brew) relocation in th e
C-D-H zone; San Luis Downtown Management, applicant . (Marcus Carloni )
Chairperson Draze commented regarding an ex-parte communication with the applican t
on Item #2 .
Vice-Chairperson Meyer advised that he spoke with the applicant and many of th e
neighbors regarding Item #2 .
PH1-82
Attachment 1 0
Planning Commission Minute s
July 11, 201 2
Page 3
Marcus Carloni, Planning Technician, presented the staff report, recommendin g
adoption of a resolution recommending approval of the Use Permit based on finding s
and subject to conditions which he outlined .
Chairperson Draze questioned if the project would be subject to the new regulations if i twas approved .
Doug Davidson, Deputy Director, responded that the enhanced standards condition s
developed while preparing the new regulations would apply and many of them ar eattached to this project . The SLO Brewing project would have been subject to a us e
permit with or without the new regulations – the level of review did not change for bars
or nightclubs .
Commr. Multari requested information from staff regarding the calculation of parking .
Marcus Carloni, Planning Technician, explained the parking in-lieu fee calculation base d
on the change in use from retail to restaurant/bar/night club .
Vice-Chairperson Meyer questioned Captain Chris Staley regarding the owners of th e
property and the issuance of citations .
Chris Staley, Police Captain, reported a close relationship with the business owners an d
noted that SLO Brewing Company is not a problem location for the Police Department .
Commr . Fowler questioned the capacity of the auditorium at the subject location in
comparison with the current location . He asked about a referral to the Cultural Heritag e
Committee.
Marcus Carloni, Planning Technician, believed the change in use at the auditorium wa sapproximately 100 persons . Marcus Carloni also stated the project would likely require
review by the Cultural Heritage Committee .
PUBLIC COMMENTS :
Carol Florence, applicant representative, provided information in support of the projec t
and accepts all the conditions of approval as recommended .
Hamish Marshall, applicant, supported the project and staffs recommendation .
Mary Pagel, San Luis Obispo, had concerns regarding the noise level, circulation an dhours of operation . She gave an example of the Conditional Use Permit of a nearb y
business (Creeky Tiki) and suggested that those conditions be incorporated in thi sproject. Ms. Pagel also had noise concerns regarding the proposed steel staircase .
Dave Hannings, San Luis Obispo, had concerns regarding noise (bus engines), an dentrance/exit to the building . He expressed concerns about the scale of the project i n
the Downtown Area .
PH1-83
Attachment 1 0
Planning Commission Minute s
July 11, 201 2
Page 4
David Brodie, San Luis Obispo, expressed concern about the scale of the project .
Kathy Main, San Luis Obispo, questions why all businesses, not just SLO Brewing Co .,
are not responsible for cleanup along the creek, and questioned bus parking location s
and special event hours of operation .
Rodney Sigelsky, San Luis Obispo Business Owner, spoke in support of the project .
Monty Sheller, SLO Brewing Co . General Manager, supported the project .
Greg Mengas, San Luis Obispo, acknowledged the "tolerance" required to live in th e
downtown, and expressed concern regarding the potential noise associated wit h
proposed business .
There were no further comments made from the public .
COMMISSION COMMENTS :
Vice-Chairperson Meyer commented regarding the Mission Plaza area and questione d
staff regarding the patron queue . He suggested the hours of operation be reviewed i n
six months, rather than one year, due to potential noise issues .
Commr . Stevenson asked about the steel stairway regarding the noise and how it coul d
be mitigated .
David Lord, applicant representative and acoustics consultant, provided informatio n
regarding the potential noise mitigations for the steel stairway .
Commr . Fowler expressed concern about the size of the project and how it impacts th e
problem of crime in the downtown Area . He was happy to see the crime event number s
decreasing within the last year. He would like the Cultural Heritage Committee (CHC )
to review the exterior changes to the project .-
Commr. Multari stated the Downtown Area should be looked at comprehensively . H e
agreed with bringing more activity to the San Luis Creek area . He expressed concer n
about the late-night outdoor activities and bus operation in the area .
Commr. Larson stated he supported the project .
Commr. Singewald questioned the process of receiving and reviewing noise complaint s
of the business .
Vice-Chairperson Meyer suggested corrections to the lighting, paving, hours o f
operation, and to include cancelling the conditional use permit at the existing facilit y
upon the applicants moving into the new space .
Chairperson Craze commented regarding the noise level . He suggested that th e
automatic one year Use Permit review period start from the date of occupancy, rathe r
than the date of approval . He also recommended the CHC review the item .
PH1-84
•
0,
Attachment 1 0
Planning Commission Minute s
July 11, 201 2
Page 5
Hamish Marshall, provided information regarding the location of rooms in the project .
He commented regarding his intentions about the Conditional Use Permit .
Vice-Chairperson Meyer requested additional changes to lighting conditions be adde dto the Motion .
There were no further comments made from the Commission .
On motion by Commr . Multari . seconded by Commr. Fowler,adoption of the attache d
resolution recommending approval of the Use Permit based on findings and subject t o
conditions in addition to the following amendments :
-Item# 12 : The roof level patio be closed at 11 :00 p .m . nightl y
Item #23 : Change the wording from post-concert to post event patrons .
Item #26 : Bus parking change to post 9 p .m . bus loading/unloading shall no t
occur along Monterey Street, nor along Broad Street north of Montere y
Street .
-Item # 31 : Changed from date of approval to date of occupancy .-Item# 34 : No outdoor areas to be open prior to 9 :00 am .
- ltem# 35 : Provide a noise analysis of the proposed steel stairway an d
recommend noise mitigation measures to comply with the City's Nois e
Ordinance .
AYES :Commrs . Multari,.Fowler, Singewald, Vice-Chairperson Meyer ,
Chairperson Draze, Commr . Stevenson
NOES :None
RECUSED :Non e
ABSENT: None
The motion passed on a 7 :0 vote .
On motion by Commr . Multari, seconded by Commr . Larson for staff to agendize a
future study session to review noise standards in the Downtown .
AYES :Commrs . Multari, Larson, Fowler, Singewald, Vice-Chairperson Meyer ,
Chairperson Draze, Commr . Stevenso n
NOES :Non e
RECUSED :Non e
ABSENT :Non e
The motion passed on a 7 :0 vote .
COMMENT AND DISCUSSION :
3 . Staff
a . Doug Davidson provided the agenda forecast to the Commission . The July 25 th
meeting has been cancelled .
PH1-85
Attachment 1 0
Planning Commission Minute s
July 11, 201 2
Page 6
4 . Commissio n
Chairperson Draze will not be present at the August 8, 2012 meeting .
ADJOURNMENT :The meeting was adjourned at 8 :37 p .m .
Respectfully submitted by ,
Tammy Ston e
Recording Secretar y
Approved by the ; fanning Commission on August 22, 2012 .
etz
rvising Administrative Assistant
PH 1-86
Attachment 1 1
Carloni, Marcus
*Subject :FW : SLO Brews Applicatio n
Honorable Member of the City Council :
On Sept . 4, 2012, you will be considering SLO Brew's request for a variance to expand their business in its new
location beside San Luis Creek. A walk along this creek has long been a sanctuary for those who cherish th e
quieter, gentler side of San Luis Obispo . Already there is a drum group whose loud, throbbing beat reverberate s
along the creek, shattering the evening's tranquility . At the same time as SLO Brew's request comes before you ,
Save Downtown is trying to generate support for doing just that . (Although I stand with them on their cause,I
am not a member. Also, my husband and are not WCTUers . We thoroughly enjoy ow glass of wine and th e
occasional Martini .)
As I've watched this town grow over my thirty-eight years as a homeowner, I've seen quality businesses —
Meridian and Porch, Home & Garden—and restaurants—Sebastian's and Corner View —to name but a few ,
fold up their tents and move on, to be replaced by a plethora of hamburger eateries and bars . Make no doub t
about it, business is booming, but the character of downtown is changing.
Downtown is at a crossroad . I believe the time has come for a realistic appraisal of the bar situation downtown ,
and so I urge the following—a professional study of towns of comparable size and demographics in California ,
detailing the number of restaurants and/or bars serving alcoholic beverages, especially including towns with a
small, concentrated downtown area . Unless this is done and you have had time to assess the results, you will b e*mall,
a vote on the SLO Brew application based on staff or Planning Commission recommendations, not o n
hard facts . The Council and the people deserve no less .
Thank you for your consideration—and for your dedicated service . It would be encouraging to hear back fro m
you .
Barbara Kraus Frank
Former Planing Commissione r
2725 Augusta Stree t
San Luis Obispo 9340 1
544 .793 0
•
PH1-87
Attachment 1 1
Murry, Ki m
Subject :SLO BREW
Attachments :Carrisa Building .doc
Original Message
From : Marx, Ja n
Sent : Friday, September 14, 2012 8 :21 P M
To : Grimes, Maev e
Cc : Codron, Michae l
Subject : FW :
Please consider this agenda correspondence for 9/25 .
Thanks ,
Ja n
Jan Howell Mar x
Mayor of San Luis Obisp o
(805) 781-7120 or (805) 541-271 6
From : Dixie Cliff [dixiecliff@att .net]
Sent : Friday, September 14, 2012 2 :58 P M
To : Marx, Jan ; Carpenter, Dan ; Smith, Kathy ; Ashbaugh, John ; Carter, Andrew
Subject :
Thanks for your attention to my concerns . Dixie Cliff
•
•
i
PH1-88
•
•
Attachment 1 1
The creek cleaning this weekend brought to mind how the San Luis Creek would b e
affected if the city approves SLO Brew's request for a 600 seat auditorium in the histori c
Carrisa Building overlooking our beloved creek and Mission Plaza . SLO Brew intends t o
invite famous name bands to attract busloads of concert attendees . The queuing will wend
through Mission Plaza, across the creek on the bridges to the nightclub's rear entrance .
The crowd, now well inebriated, may then adjourn to the rooftop restaurant/bar . Who
knows what items patrons may toss down in the creek? After concert goers return to th e
buses over the creek and through the plaza I can visualize the trampled turf, accumulate d
trash and worst of all garbage and unknown amounts of human excrement contributed b y
drunks polluting our precious creek, the backbone of our historic down town . I feel sorr y
for the downtown retailers who have to deal with the mess left at their store fronts ever y
morning because of the collection of bars located in the center of downtown . We mus t
support our precious natural resources and struggling downtown businesses, many o f
whom are on the verge of collapse .
Dixie Cliff
SLO
•
PH1-89
Attachment 1 1
David W. Hanning s
The Latimer-Hayes Adob e
642 Monterey Stree t
San Luis Obispo, CA 9340 1
13 July, 2012
Andrew Carte r
Council Membe r
City of San Luis Obisp o
Dear Andrew ,
Something happened at the SLO Planning Commission meeting on 11 January that has left m e
troubled . Their second item of business was the relocation of SLO Brew to 736 Higuera Street . As it
turns out this is not only a relocation, but also a 50% increase in the floor size of the business . None of
the neighbors were informed of this hearing, some of us found out by chance, and if it had not been fo r
a fluke, this would have been handled by the city staff without a hearing .
Many of us living close by are interested in this because we already have problems in front o f
our homes with late night noise, misbehavior by patrons of downtown entertainment venues, and th e
parking with engines running of the band busses . This project increases the size of this 9000 squar e
foot venue to 14,000 square feet, and while they are planning to do a nice job with the face of th e
building, the increased scale seems out of proportion with the mix of uses and the city goals fo r
downtown .
I am particularly concerned about the noise that will be created by the 1000 square foot outsid e
deck on the fourth level of the back of the building . This has a capacity for hundreds of people whos e
noise will carry over the treetops and surrounding buildings directly to the neighbors . The Nova groun d
level deck can get quite noise now, but this one would be much worse . Voices carry great distances a t
night .
Another concern is the people lining up for the concerts . In the present location the capacity fo r
concerts is 500 people who line up down Garden Alley, and urinate there freely . The new capacity wil l
be 600 people who will be lined up along the creek in a less public, and more sensitive space . Who i s
going to police this? And then what crowd problems will be created by the 600 patrons exiting th e
concerts late at night ?
My third concern is the bus parking for the bands . Presently there is bus parking for touris t
busses in front of my neighbor's house . The rules are posted on the sign, and it says that the engine s
PH1-90
Attachment 1 1
will not run past 9PM . The band busses park there and they run their engines until one or two in th e
morning. They are not terribly loud, but the low rumble is very annoying, carries, and makes slee p
difficult .
For decades the city has sought to maintain a balance downtown between various use s
including entertainment, businesses, tourism, and people living there . This project seems out of scal e
with this balance . The conditions put on this approval of policing the busses, the noise, and the crowd s
outside of this venue are really beyond the ability of this business to enforce . We do not need anothe r
hamburger joint downtown either . This project could well tip the balance to turning downtown over t o
the student crowd .
I understand that we can appeal this decision to the City Council for a fee of $260 . I understan d
that you want to avoid frivolous appeals, but since this hearing had no publicity, and the result will hav e
such an effect on our downtown, i ask that you look into this .
Best Regard s
David W. Hannings
541-019 6
adobe642@yahoo .com
PH1-91
Attachment 1 1
20 August 201 2
To :
Mayor Jan Marx and Council member s
From :
Deborah Cash, Executive Directo r
San Luis Obispo Downtown Associatio n
Re :
Relocation of SLO Brewing Company to Higuera Stree t
The Downtown Association Board of Directors wishes to reaffirm its support of th e
proposed move of SLO Brewing Company from Garden Street to Higuera Street that wa s
approved by the Planning Commission last month and was subsequently appealed to th e
City Council .
The Downtown Association board, after receiving a presentation from the developer an d
holding discussion on the issue, unanimously agreed the proposed use will not onl y
provide for an enhanced environment, particularly along the creek walk, but will also b e
subject to conditions and reviews as a safeguard to help ensure a positive and beneficia l
project .
Further, certain points in the appeal do not appear to be substantiated including :
•"this proliferation of alcohol outlets ..."
This is an existing use moving to a new location and not a new outlet .
•"The San Luis Creek Walk area should not become the overflow area for alcohol -
related, anti social activities ..."
The Creek Walk area currently provides a dark and secluded gathering place fo r
persons wishing to engage in activities that are less than desirable . Th e
Downtown Foresters, on a recent Saturday clean up of the area, recovered man y
empty alcohol containers, a hypodermic syringe and pills along with trash ,
clothing and other abandoned articles . On the contrary, having a nicely designe d
and decorated creek walk would discourage anti social behaviors and increase th e
ambiance of the area. The proposed lighting element of the project—th e
documentation of which has been provided to the City staff—will be an integra l
part of the improvements regarding appropriate environmental design and a
positive impact on crime, in accordance with CPTED concepts .
•Section 1 Finding #4 states that SLO PD will be involved in addressing th e
"increased proliferation of assaults and sex offenses that will take place as a resul t
of this new use ."
Data supplied by PD for the Downtown area indicates the numbers have gon e
down and don't support the argument that this use will increase these crimes . In
fact, by discouraging the `under-the-cover-of-darkness' activities that do occu r
there, it is likely to be safer.
•Finding #5 "the proposed use is NOT compatible with retail ."
•
•
•
PH 1-92
•
•
Attachment 1 1
The Downtown Association believes that by adopting a "Hospitality Zone "
approach, which is one of its major goals, that all of Downtown will have the
opportunity to coexist well into the evening hours with safety and cleanlines s
programs in place to encourage people to come down not only for the bars but fo r
all kinds of activities including shopping . An example would be the Gas Lam p
District in San Diego where many retailers maintain late night hours in the mids t
of a busy dining and entertainment district .
Section 3 Action #22 : The City should not approve routes A, over the Warde n
Bridge and B over the pedestrian bridge for queuing which should be allowe d
only on Higuera Street .
This contradicts #5 in that by managing the queue along the creekwalk, retail
store fronts are less likely to be blocked or experience problems .
Further, the project owner/developer, Hamish Marshall, is one of the foundin g
members of the Safe Night Life Committee and helped craft the missio n
statement, goals and tasks the committee has undertaken . He has demonstrate d
that he is interested in developing a safe and viable entertainment district for th e
overall health of Downtown .
The Board of Directors asks that you deny the appeal and allow this project t o
move forward .-
Cc :Katie Lichtig, City Manage r
Michael Draze, SLO Planning Commissio n
Doug Davidson, Depty Director, Community Developmen t
Robert Horch, Downtown Champio n
Carol Florence, Oasis Associates
•
PH1-93
Attachment 1 1
Carloni, Marcu s
Subject :FW : The Relocation of SLO Brew to 736 Higuera Stree t
From :Elizabeth Thyne [ethyne@sbcglobal .net]
Sent:Tuesday, July 17, 2012 12 :03 PM
To : Marx, Jan ; Carpenter, Dan ; Carter, Andrew ; Smith, Kathy ; Ashbaugh, Joh n
Subject :The Relocation of SLO Brew to 736 Higuera Stree t
Dear Mayor Marx and Members of the City Council :
After being informed of the projected move of SLO Brew from Garden Street to 736 Higuera Street and th e
Resolution of the San Luis Obispo Planning Commission approving a night club use permit to allow this
relocation, Save Our Downtown, an ad hoc group of citizens concerned with the quality of life in Downtow n
San Luis Obispo, wishes to make our opposition known to the project as currently described .
Therefore, we ask that the City Council provide an additional review of this project after the final Architectur e
Review Committee, and other advisory body reviews .
Save Our Downtown is particularly worried by the scale of the project, its impact on its neighbors, the nois e
levels from live performances which will affect the ent ire neighborhood and its impact on San Luis Creek . Th e
sense of calm and serenity that the Creek provides to the people of San Luis Obispo is something that shoul d
not be tampered with nor impacted by the entry of perhaps hundreds of people crossing the bridges over th e
Creek and/or lining up along the Creek way waiting for admittance to another nightclub . The Creek is an
amenity to all people and access to it should not be threatened by overdevelopment and encroaching private us e
of what is now open for strolling and general enjoyment of the area .
Another question that arises is the fact that The Carissa Building, built in 1905, is a Master List Histori c
Resource. Is it possible that the projected changes to the building can be done without destroying what make s
this building historical? For example, if the outside rear wood staircase has to be removed and replaced with a n
external steel staircase leading to the roof level patio, doesn't this have an impact on the historicity of th e
overall building?
The overall scope of the project - encompassing ground floor indoor and outdoor dining ; a second floor concer t
venue/auditorium accommodating up to 600 persons, plus bar ; plus a roof level patio atop the creek side of th e
building to include customer seating and another bar, plus ambient level recorded music - seems to b e
overwhelming .
We believe this project needs the input of the City Council and again urge an additional review by the Council
after it has gone through hearings of the City's Advisory Bodies .
Thank you .
Elizabeth C . Thyne
Chair, Pro Tern
Save Our Downtown
PH1-94
•
Attachment 1 1
Goodwin, Heathe r
*rom:
Grimes, Maeve
Sent:
Tuesday, September 04, 2012 11 :31 A M
To:
Goodwin, Heathe r
Subject:
SLO Brew correspondenc e
Attachments :
Slo Brew Correspondence .docx
Attached please find correspondence regarding SLO Brew for the September 25'h meeting .
Maeve .7Cennedy Grime s
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401-324 9
(805) 781-710 2
Information from ESET Endpoint Antivirus, version of virus signature database 7445 (20120904 )
The message was checked by ESET Endpoint Antivirus .
•ttp ://www.eset .com
•
PH1-9 5
1
Attachment 1 1
From :Garden Street Goldsmiths [gsgoldsmiths@gmail .com ]
Sent :Saturday, September 01, 2012 8 :18 AM
To : Marx, Jan ;dcarpen@slocitv .orq;Carter, Andrew ; Smith, Kathy ; Ashbaugh, Joh n
Subject :SLO Brewing Co .
Honorable council members,
We have been part of the Downtown since 1974 and have seen the city go through many changes . When w e
came to Garden Street, Hanna Hardware was still in the building now occupied by SLO Brew .
The original application for a microbrewery on Garden Street was for an UPSTAIRS only resturant an d
brewery with two retail spaces downstairs and a player piano for entertainment . The design was never intende d
to house what is there now . We supported the original application and welcomed our new neighbor . Things
changed, the rules were modified, and SLO Brew morphed into a rowdy alcohol and entertainmen t
establishment that was very hard to have as a neighbor . The situation worsened and we found that we wer e
considering leaving the downtown, or at least the street . SLO Brews ownership and management changed an d
they started working on being the best neigbor they could and it became tolerable again to be accross the stree t
from them . The venue that SLO Brew has become is known for bringing in interesting (and sometimes good )
music and entertainment and many large crowds . It is still difficult to be accross the street from and makes i t
basically impossible to expand our business hours to include regular evening hours . The venue seems to b e
run the best that it can be but it is still too large and is incompatible with the small more intimate scale o f
Garden Street .
We are opposed to the expansion of alcohol, entertainment, and resturants within the downtown . When you
have several of these places in a row it affects the retail and business enviroment in a negative way as they ten d
to focus on the nightime and are not active during the daytime . It seems that the council is supporting thi s
direction by actions like enforceing parking meters on Sundays but leaving them free in the evenings . At thi s
point we have more business's that are not active during the day than the town can afford and we should no t
add to them . It is also hard on the retail business's to have to clean up the mess from the previous night s
activities and repair the property damage caused by the impaired customers as they leave the downtown .
That being said the current application to relocate SLO Brew to Higuera street is one of the best prepared an d
thought out plans that we have seen in a long time . The scale of the Higuera Street location is much mor e
appropriate to the activity level of this venue than the current location . The new facility is being specificall y
designed to handle the activity that is proposed and is baised upon the things learned from the current location .
The real question to be looked at is if the type of venue that SLO Brew has become is appropriate in th e
downtown core or should be outside the downtown . We support the approval of the application with th e
comments that this should be the last alcohol, entertainment facility allowed within the core for at least th e
next 15 years .
Respectively submitted ,
Richard Stephens
Laurel Stephen s
Amanda Stephen s
Garden Street Goldsmiths & Estate Jewelr y
Trust and Expertise since 197 4
805-543-818 6
1114 & 1118 Garden Street
San Luis Obispo, CA 93401-3509
PH 1-96
Attachment 1 1
Murry, Ki m
• Subject :FW : SLO BREW appea lAttachments:SLO carrisa building .doc x
Forwarded message
From : "Carter, Andrew"<ancarter(a)slocity .org>
Date : Sun, Sep 16, 2012 8 :15 p m
Subject : SLO BREW appeal
To : "Grimes, Maeve"<mgrimes(clslocity .org>
Cc : "Lichtig, Katie"<klichtig,slocity .org>,"Johnson, Derek"<djohnson(aislocity .org>
For public fil e
Andrew Carte r
Council Membe rCity of San Luis Obisp o
From :Sandra Lakeman [sandralakeman@gmail .com ]Sent :Sunday, September 16, 2012 1 :19 P MTo:Jan Marx ; Smith, Kathy ; Carpenter, Dan ; Carter, Andrew; Ashbaugh, Joh nSubject: SLO BREW appea l
Sandra Davis Lakeman
Emeritus Professor of Architectur e
California Polytechnic State University
San Luis Obispo, CA p340 7
mailing address :
1677 Foreman Cour t
San Luis Obispo, CA 93405 -
805 541 322 3
www .sandralakeman .com
1
PH1-9 7
•
Attachment 1 1
HUGE change for Downtown behind our Backs???
A proposal by developer Hamish Marshall to move SL O
Brew to Higuera Street was recently unanimously passed b y
the Planning Commission and has been appealed by 'Sav e
Our Downtown', a concerned volunteer citizens' group tha t
has paid to have this issue brought forward to the attentio n
of SLO citizens and possible action by the City Council .
If the City Council approves Hamish Marshall's request t o
move SLO Brew to the Carrisa Building on Higuera Stree t
this 600-person auditorium and nightclub will exceed th e
scale of 'The Graduate'. There are already too many bars i n
this area of Higuera and it seems apparent that the ba r
owners Hamish Marshall and Ash Management, owner o f
seven downtown bars, have no interest in maintaining a
decent family-oriented downtown .
Most concerning is that Hamish Marshall is planning thre e
floors of bars, one opening onto Higuera Street, one with a
600-seat auditorium/nightclub on the second floor, and a n
open-air bar on the third floor that will overlook and likel y
overwhelm the fine, outdoor dining of Novo Restaurant . Th e
Carrisa building has the largest building facade on Higuer a
and it backs onto our beloved creek walk and Mission Plaza ,
the heart of our downtown .
SLO Brew intends to hire famous musical groups who arriv e
in large buses along with busloads of concert attendees ,
parking them near the Mission, lining people up in Missio n
Plaza . No car parking is planned . The queuing is then to
PH1-98
•
S
•
S
Attachment 1 1
proceed from Mission Plaza across two creek bridges to th e
rear entrance of the nightclub and the exiting is in reverse a t
1 A .M . in the early morning . It would certainly increase th e
need for more Policing in that area .
These commercial enterprises are only financially oriente d
and have absolutely no concern for the affect they will hav e
on the downtown and the creek which attract visitors an d
residents, where a touch of nature thrives, people enjo y
meandering, ducks raise their young, and children love t o
play .
Up until now, the creek and Mission Plaza have been a quie t
refuge from the hustle and bustle of life, a place for family -
friendly gatherings and cultural events . If this commercia l
undertaking is allowed to happen, these will soon be a thin g
of the past if our appeal is not upheld by the City Council o n
September 25 th.
Mission Plaza, the forecourt for the Catholic Church is a
religious plaza and due to SLO not having a public plaza, i t
has become the town's public square . It should, however, b e
used selectively and not for blatant commercial enterprises .
If you are concerned about the future of our downtown, fo r
ourselves, our children and our visitors, please make plan s
to attend this meeting and bring your like-minded friends o n
September 25, 2012 at 6 :00 PM at City Hall .
PH 1-99
Attachment 1 1
Carloni, Marcus
Subject :FW : Relocation of SLO Bre w
From :Carter, Andrew _
.___
Sent:Tuesday, July 17, 2012 4 :46 P M
To : Schroeder, Sheryl )
Cc : Lichtig, Katie ; Johnson, Dere k
Subject :FW : Relocation of SLO Bre w
Agenda correspondence
Andrew Carte r
Council Membe r
City of San Luis Obisp o
From : Sandra Lakeman [sandralakeman@gmail .com ]
Sent :Tuesday, July 17, 2012 2 :15 P M
To : Marx, Jan ; Carpenter, Dan ; Smith, Kathy; Ashbaugh, John ; Carter, Andre w
Subject :Relocation of SLO Bre w
Dear Mayor Jan Marx and the City Council Members :
I request that the City Council review the proposal for re-locating the SLO Brew from Garden Street to a new
location on Higuera Street in the very large 1905 Carrisa Building .
Particularly, due to the potential negative impact along the sensitive and very special creekside location an d
Mission Plaza area, it is particularly alarming . Additionally, th e
City's desire to encourage residential units in the downtown is significant and would be jeopardized .
Thanking you for your consideration, David A . Brodie
Sandra Davis Lakeman
Emeritus Professor of Architectur e
California Polytechnic State University
San Luis Obispo, CA p340 7
mailing address :
1677 Foreman Cour t
San Luis Obispo, CA 9340 5
805 541 322 3
www .sandralakeman .com
PH1-10 0
t
Attachment 1 1
Carloni, Marcu s
• Subject:FW : SLO BREW relocation in the Center of Historic Downtown
From :Carter, Andrew
Sent :Tuesday, July 17, 2012 4 :45 P M
To : Schroeder, Sheryl l
Cc : lichtig, Katie ; Johnson, Derek
Subject:FW : SLO BREW relocation in the Center of Historic Downtow n
Agenda correspondence
Andrew Carte r
Council Membe r
City of San Luis Obisp o
From: Sandra Lakeman [sandralakeman@gmail .comjSent:Tuesday, July 17, 2012 2 :47 P M
To : Marx, Jan ; Carpenter, Dan ; Smith, Kathy ; Ashbaugh, John ; Carter, Andre w
Subject:SLO BREW relocation in the Center of Historic Downtow n
Dear Mayor Jan Marx and City Council Members :
Dining f iday night at Novo, one of the only refined outdoor dining places downtown, my friends and I realized ,
*that with the friday night music from Mission Plaza,that anymore such sounds would make Novo rather a n
uncomfortable dining experience . With the relocation of SLO Brew right above Novo, this would ruin its '
atmosphere .
We also discussed the responsibility of City Leaders to take into consideration, the guidance of young people i n
their entertainment selections . Providing an enormous drinking establishment right in the middle of downtow n
does not seem to be in the best interests of our young college people . In that respect, it seems deleterious to
encourage more drinking establishments in the center of our historic downtown and in such a large facility tha t
may nearly equal the size of "the Graduate". This then brings to question, the proper parking needs that thi s
facility will require, not only for the patrons in inebriated states, but also for the trucks that will be deliverin g
the musical groups hired to entertain in this location . It seems inappropriate to give over the best part of our
downtown to the college students at the expense of the established citizens of the town . It this proposal goe s
through, it appears to me that these citizens will have no interest in being in downtown and will seek othe r
towns around us for their entertainment .
Please choose to bring this issue before the Council in the most timely fashion .
Sandra Davis Lakeman
Emeritus Professor of Architectur e
California Polytechnic State Universit y
San Luis Obispo, CA p340 7
ailing address :
677 Foreman Court
PH1-101
Attachment 1 1
San Luis Obispo, CA 9340 5
805 541 322 3
www.sandralakernan .com
2
PH1-102
Attachment 1 1
Filing Fee : $261 .00"
Paid X
N/A
`REFER TO SECTION 4Clty O fsanlull OB1spO
Date Received
RECEIVE D
JUL 2 0 201 2
APPEAL TO THE CITY COUNCIL
SECTION Z SUBJECT OF APPEA L
1 . In accordance with the procedures set forth in Title 1, Chapter 1 .20 of the San Luis Obisp o
Municipal Code (copy attached),I hereby appeal the decision of the :
P1-.ANIAINc ;COMm/stoi t
(Name of Officer, Committee or Commission decision being appealed )
2.
3.
4 .
5 .
The the decision being appealed was rendered :IL A 7't 1 Ly .
The appfcation or project was entitled :73 H (Gt ) SiR A ST. — ~j,t/f FAI f nr
SLO SREMJ R CtX .Atlnrl IN Ti4e)ZOtti
I discussed the matter with the following City staff member .
MARCUS C.P,R1 nib`'.on 1 :3 Yr11-.a
(Staff Members Name and Department)(Date)
Has this matter been the subject of a previous appeal?If so, when was it heard and by whom :MO
SECTION 3. REASON FOR APPEAL
should consider you r
additional pages,rT
Explain specifically what actions you are appealing and why you believe the Counci l
appeal . Include what evidence you have that supports your appeal .You may attachnecessary. This form continues on the other side.
Page 1 of 3
PH1-10 3
SECTION I. APPELLANT INFORMATIO N
51 !E) OUR.T,MWtt1`oWR1
Name
QccDpeC&caIpo~.2c u
Mailing Address and Zip Cod e
Phone Fax
DANO.)L!RI~vfr VSCo1?R )(5 .LO f )
Representative's Name Mailing Address and Zip C
o
sex-Reny 5 5 O O~
Title Phone Fax
Attachment 1 1
Reason for Appeal continued
This item Is hereby calendared for
cc : City AttorneyCity Manage rDepartment HeadAdvisory Body Chairperso nAdvisory Body LiaisonCity Cleric (original)Page 2 of 3
•
Attachment 1 1
APPEAL : Resolution #PC-XXXX-1 2
Save Our Downtown has the purpose to attempt to preserve
the historic character, look and beauty of the inner core o f
San Luis Obispo . We are, therefore, appealing the use permi t
approval by the San Luis Obispo Planning Commission fo r
the re-location of a significantly larger SLO Brew to th e
Carrisa Building at 736/ 738 Higuera Street .
Our concerns are listed as follows in response to th e
Resolution No . PC-XXXX-12 . However, we have othe r
concerns not defined in that document which we would lik e
to mention at the very beginning :
Save Our Downtown is concerned about maintaining th e
'quality of life' that currently exists in downtown San Lui s
Obispo . In that regard, we are concerned about th e
continuing deterioration of our Downtown's family-friendl y
afriance resulting from the current approval of too many
alcohol-related use-permits . We are also concerned that ou r
Downtown will lose its standing as a viable retail center b y
increasing the geographical footprint of alcohol-relate d
uses ...uses that cater almost exclusively to college students .
Finally, the Council's emphasis on increasing workforc e
housing in the Downtown core is in direct conflict with thi s
proliferation of alcohol outlets, especially those that wil l
generate noise and attract large crowds of young inebriate d
people into the quieter parts of our City (i .e . the Mission
Plaza and along San Luis Creek).
Our concerns are as follows :
* The San Luis Creek Walk area should not becom e
the overflow area for alcohol-related, anti-social activities .
* The San Luis Creek area is not suited to nighttim e
activities and there are already in place adequate polic e
surveillance of anti-social activities along Higuera Street .
PH1-105
Attachment 1 1
We are recommending that all nightclub activities b e
focused onto Higuera Street .
With reference to Resolution #PC-XXXX-12 we wish to cit e
the following profound objections to staff's conditions fo r
approval . We recommend that these staff recommendation s
and conditions be modified as follows :
Section 1 .Findings .
#3.The findings only refer to impacts at the 'street level '
(i .e ., Higuera Street). There is no reference whatsoever t o
impacts on the San Luis Creek Walk . Pedestrian impacts o n
Mission Plaza and the Creek Walk are not addressed here .
#4.The San Luis Police Department — not the developer's
security guards - will necessarily be involved in addressin g
the increased proliferation of assaults and sex offenses tha t
will take place within the creek area as a result of this ne w
use . These activities are likely to occur within the Creek are a
as a result of poor lighting and significant vegetativ e
obstruction to police surveillance . (However, we are no t
suggesting that the Creekside be fully-lighted, as if it wer e
an empty parking lot). These concerns are partiall y
addressed in the conditions but only after this facility is full y
permitted and operational and we find this unacceptable .
#5.As conditioned, the proposed use is NOT compatibl e
with retail even if potential disturbances and crimina l
activities are minimized . We question the nightclub usag e
associated with the 600-seat auditorium between the hour s
of 6 :00 P .M . and 1 :00 A .M .
Already, retail proprietors are complaining about th e
difficulty of maintaining late business hours in the presenc e
of bars and alcohol outlets . How could this new alcohol-
PH1-106
•
•
Attachment 1 1
related activity possibly enhance prospects for more neede d
retail development in the downtown ?
Section 3 .Action .
#2 . There should be in-lieu parking fees assessed for th e
600-seat auditorium in addition to the in-lieu fees for
parking related to the change from retail to restaurant .
#22 . The City should not approve routes A, over th e
Warden Bridge, and B, over the Pedestrian Bridge ,
accommodating queuing onto Mission Plaza and along th e
Creek Walk. Queuing should only be on Higuera Street a s
this street is already adequately policed and lighted .
#24 .The planning, funding and installation of improve d
lighting in the Mission Plaza and Creek Walk area shoul d
take place before the 600-seat auditorium is operational an d
not afterwards .
#31 . This is typical "ad hoc" planning . The City know s
that assaults and sex offences will likely occur within th e
Creek Walk area and because of this, the City places al l
responsibility on the developer . Only after these assaults an d
sex offences occur will the City then determine if this is a n
incompatible use . But the question needs to be asked : Is the
City truly absolved of all responsibility? Moreover, "a d
hoc" planning appears to be the only default option as ther e
is no coherent San Luis Creek Master Plan to follow .
S
PH1-107
Attachment 1 1
Murry, Ki m
Subject :
FW : Rallying The Troops !
Forwarded message
From : "Carter, Andrew"<ancarter(i slocity .org>
Date : Sun, Sep 16, 2012 8 :14 pm
Subject : Rallying The Troops !
To : "Grimes, Maeve"<mgrimes(n,slocity .org>
Cc : "Lichtig, Katie"<klichtigna,slocity .org>,"Johnson, Derek"<djohnson(aislocity .org>
For public file .
Andrew Carte r
Council Membe r
City of San Luis Obisp o
From :Steynberg Gallery [sgallery@charter .netj
Sent :Sunday, September 16, 2012 7 :49 AM
To :'Dan Carpenter'; 'Jan Marx'; Marx, Jan ; Ashbaugh, John ; Carter, Andrew ; Smith, Kathy
Subject :FW : Rallying The Troops !
Dear Council Members —
Regarding the relocation of SLO Brew :
We are concerned about the relocation of SLO Brew to the Carrissa Building on Higuera Street . The Carrissa Buidling is located o n
probably the most important block in Downtown SLO because it backs onto San Luis Creek . The Creek and the Mission are th e
"golden eggs" of the City . To knowingly approve the relocation of a business, such as this, that would severely intrude on th e
specialness of the Creek and the sanctity of the Mission and its Plaza would be criminal .
We all know that a business of the nature of SLO Brew at this huge scale would guarantee behavior before, and definitely after .
concerts that would pollute the major part of the special focus of this section of the Downtown . I recommend that you rescind any
approvals for the relocation of SLO Brew .
Sincerely ,
Peter J . Steynberg
PH1-108
•
•
•
Attachment 1 2
RESOLUTION NO .(2012 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYIN G
AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION T O
APPROVE A NIGHT CLUB USE PERMIT ALLOWING THE RELOCATION OF SL O
BREWING COMPANY WITHIN THE HISTORIC DOWNTOWN COMMERCIAL ZON E
(736/738 HIGUERA STREET, A 57-12 )
WHEREAS,the Planning Commission, on July 11, 2012, approved a Night Club Us e
Permit to allow relocation of SLO Brewing Company in the Historic Downtown Commercial zone ;
and
WHEREAS,David Brodie, on behalf of Save Our Downtown, filed an appeal of the
Planning Commission's action on July 20, 2012 ; an d
WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearing i n
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 4 ,
2012, for the purpose of considering the appeal of the Planning Commission's action ; and
WHEREAS,the Council has duly considered all evidence, including the record of th e
Planning Commission hearing and action, testimony of interested parties, and the evaluation an d
recommendations by staff, presented at said hearing .
•NOW, THEREFORE, BE IT RESOLVED,by the Council of the City of San Luis Obisp o
as follows :
SECTION 1 .Findings .Based upon all the evidence, the City Council makes the following
findings :
1.As conditioned, the use will not harm the general health, safety, and welfare of people livin g
or working in the vicinity because conditions on the Use Permit approval will minimize nois e
impacts, as well as impacts to police resources and the community .
2.The proposed project is consistent with the General Plan, which designates the project site a s
Downtown Commercial (C-D). The City General Plan Land Use Element Policy 4 .3 ,
Entertainment and Cultural Facilities, states that "...Entertainment facilities, such a s
nightclubs and private theaters, should be in the downtown ..."
3.The proposed project is consistent with General Plan policy to locate, at the street level ,
restaurants, stores, and other uses benefiting from and contributing to pedestrian traffic (LU E
4 .16 .1).
4.The proposed use is consistent with Land Use Element Society and Economy goal #24 ; t o
serve as the County's hub for entertainment and cultural services .
•5 . The property owner has agreed to conditions of approval that place restrictions on the use o f
the property to insure that nuisances and significant burdens on police resources do not occur .
PH1-109
Resolution No . (2012 Series )
Page 2
Attachment 12
•
6 . As conditioned, the proposed use is compatible with the project site and with existing an d
potential uses in the vicinity which include retail shops, offices, restaurants, and bars .
Conditions of approval have been adopted to minimize potential disturbances and crimina l
activities .
Section 2 .Environmental Review .Categorically exempt under Class 1, Existing Facilities ,
Section 15301 of the CEQA Guidelines because the project proposes the relocation of a busines s
into an existing building with no overall increase in floor area .
Section 3 .Action .The City Council hereby denies the appeal and upholds the Plannin g
Commission's action to grant final approval of the Night Club Use Permit, with incorporation of th e
following conditions :
Conditions :
1.Prior to establishment of the use, a building plan check submittal that is in full conformanc e
with submitted project plans and the following conditions of approval shall be submitted fo r
review and approval of the Community Development Department .
2.Prior to release of occupancy, the applicant shall pay applicable parking in-lieu fees for th e
change in use from retail to restaurant/bar/nightclub, a difference of approximately 12 parkin g
spaces .
3.
The applicant shall provide a minimum of ten short-term bicycle parking spaces on-site .
4.
Entertainment shall be located only in the areas specified on floor plans stamped with
Community Development Department approval .
5.Live entertainment, above the level that is compliant with the City's definition of ambient .
entertainment,shall be confined to the second level auditorium as shown on project plans an d
entertainment events shall not be performed outside the hours of 6 p .m . to 1 a .m . General
business hours for use of the space that does not include live entertainment shall be limited as
proposed bythe applicant;11am to 2am Monday through Friday,and 9am to 2am Saturday
and Sunday 7 am to 2 am Monday through Sunday .
6.The proposed use shall operate in conformance with the City Noise Ordinance (M .C . Chapte r
9 .12, Noise Control) to maintain compatibility with the nearby residences and businesses .
The applicant is responsible at all times for knowin g verifying the legal age, state of sobriety ,
and general state of allpatrons of patrons prior to entry, for monitoring patrons' on site alcoho l
consumption. and for declining to serve alcohol to patrons who demonstrate signs o f
intoxication or impairment associated with alcohol consumption, based on training that is t o
be provided to all staff .
PH1-110
•
•
Resolution No .
•Page 3
(2012 Series)Attachment 1 2
9.No individual under 21 years of age, or without proper identification, shall be served or sol d
alcohol .
10.The applicant shall not permit its patrons to leave the licensed premises with any alcoholi c
beverage or to consume Ne alcoholic beverages shall beconsumed on any property adjacent t o
the licensed premises under the control of the licensee(s).
11.First level and roof level music/entertainment, recorded or performed, shall be clearl y
incidental, allowing for normal conversation levels, and shall be consistent with the City's
definition of ambient entertainment .
12.The roof level patio shall be open to the public no later than 11 pm nightly .
13.The applicant shall provide a transparent sound barrier surround (e .g. laminated glass) atop th e
42 inch high guard (shown on project plans, sheet 4) of the proposed roof level patio . Thi s
transparent surround shall be recessed (inward) from the outermost edge of the 42 inch hig h
guard so that it is not visible from the patio below .
• 14 . The applicant shall make reasonable efforts to minimize the potential for adverse noise an d
crowd impacts on adjacent establishments and nearby residences, including, but not limited to ,
ensuring that all windows and doors are closed during any entertainment .
15.Prior to release of occupancy, the applicant shall upgrade and formalize finalize the security
plan to reflect operation at the 736/738 Higuera Street location . This shall include a sit e
plan/floor plan detailing the locations and duties of security personnel and shall not e
maintenance/patrol of patron lines including routes A and B, to the satisfaction of th e
Community Development Director and Police Department . This plan shall be reviewed an d
commented upon by the Police Department on an annual basis .
16.The security plan shall include a detailed explanation of how maximum occupant load limit s
will be maintained .
17.The security plan shall provide that "no person will be prevented from using the emergenc y
exit stairway that passes by the `Green Room' in the event of an emergency," and that "no ac t
utilizing pyrotechnics or live fire will be permitted ."
18.To address complaints and minimize the need for police response to minor issues, an owner or
manager shall be on premises at all times when entertainment is performed, and shall b e
available to be contacted 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
Department, Chief Building Official and adjacent property owners and tenants .
19 . All employees shall attend ABC LEAD Training or equivalent training .
PH1-11 1
•
Resolution No . (2012 Series)
Attachment 1 2
Page 4
20.The applicant shall be responsible for on-going security/safety training to accommodat e
changes in personnel .
21.The site shall be maintained in a neat and orderly manner at all times . The applicant shall b e
responsible for daily cleanup maintenance of the front and back patio areas, the areas of patro n
queuing along routes A and B, and any waste associated with the business in Mission Plaza .
22.The applicant shall be responsible for manage 41g/patrolling outdoor crowds and queuing as a
result of this use . An orderly line of patrons awaiting entry that does not block public acces s
on, or use of, the sidewalk or street shall be maintained . Queued patrons awaiting creek-sid e
entry to the second level auditorium shall follow routes A and B (Attachment 4). Route A
patrons shall be tightly aligned along the north/northwestem creek-side wall/railing of th e
pedestrian easement and the western-most side of Warden Bridge . Route B patrons shall b e
tightly aligned along the east/southeastem creek-side guard rail and the eastern-most side o f
the pedestrian bridge . These orderly patron lines shall have the appropriate gaps to allo w
pedestrians to circulate across the lines unobstructed.
23.Post-event patrons shall be directed to exit the second level auditorium through the Higuer a
Street exit . This shall be a requirement of the security plan and shall be noted on securit y
floor/site plans .
24.Plans submitted for a building permit shall show and note the patron queuing areas (Routes A
and B). The patron route (Routes A and B) shall be upgraded as necessary to remove an y
obstructions or uneven pavement, to the satisfaction of City Building Division and Publi c
Works Department . Pathway upgrades shall include an evaluation of creek-side lighting levels ,
including the length of the patron routes, and may require an upgrade to path lighting .A
lighting plan for the creek-side patio shall be provided for review and approval by the Polic e
and Community Development Departments .
25.Construction work related to any proposed path upgrades shall be coordinated with th e
upcoming City Capital Improvement Project to upgrade the patron route from Mission Plaz a
over the Warden Bridge .Prior to preparation of documents, an on-site review will b e
conducted with the Community Development Director, or other City representative, t o
establish the precise scope of work for any proposed path upgrades .
26.Tour buses, vans, trailers, and other support vehicles shall load/unload equipment and supplie s
at approved parking locations . The proposed parking areas shall be approved by the City's
Parking Division . The applicant will be responsible for posting of any required "no parking "
signage in accordance with City standards . The applicant shall pay for any displaced parkin g
spaces/meters in accordance with the current standards where applicable . Post 9 :00 p .m . bu s
loading/unloading, utilizing routes A & B,shall not occur along Monterey Street, nor alon g
Broad Street north of Monterey Street .
•
•
•
PH1-112
Resolution No .(2012 Series)Attachment 1 2
•Page 5
27.Tour buses, vans, other support vehicles shall be switched off (no idling or generators running )
while parked.
28.The applicant shall maintain and operate a video recording system that records activity at al l
entrances and exits during all business hours . The video shall be of a quality suitable for late r
identification of customers and staff. It will be recorded in a manner that may be retrieved an d
provided to police immediately upon demand . Video data shall be retained for a minimum o f
72 hours or as otherwise required by law .
29.Business shall be conducted in a manner that will not violate any provisions of the California
Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minors (§25658),
maintaining the public health, morals, convenience, and safety (§25601); and takin g
reasonable steps to correct any objectionable conditions on the premises and immediatel y
adjacent to the premises (§24200).
30.This permit is strictly limited to allow only the occupant load for the premises as approved b y
the City of San Luis Obispo Fire Department . Occupant loads approved by the City of Sa n
Luis Obispo Fire Department shall be posted at all times .
31.This Use Permit shall be reviewed by the Planning Commission one year from date o f
•occupancy. The Planning Commission shall have the ability to modify, delete, or ad d
conditions that are necessary to minimize adverse impacts to adjacent businesses an d
residences based on documents or testimony evidencing such impacts arising from or relate d
to the operation of the permitted use .
rcasonable writtencomplaint iJreceived fromany citizen, code enforcement officer, or from
conditions ofapproval and the Municipal Code . At the time of the Use Permit review .t o
This Use Permit shall be reviewed at a public Plannin g
Commission hearing if the City receives substantiated written complaints from any citizen ,
Code Enforcement Officer, or Police Department employee, which includes informatio n
and/or evidence supporting a conclusion that a violation of this Use Permit, or of Cit y
ordinances or regulations applicable to the property or the operation of the business, ha s
occurred. At the time of the Use Permit review, to insure on-going compatibility of the uses o n
the project site, conditions of approval may be added, deleted, or modified .
33 . Upon a significant change to the business, as identified in the applicant's project descriptio n
•and security plan, the Use Permit shall be reviewed by the Community Development Directo r
for compliance with conditions of approval, or to determine whether a modification to the Us e
Permit is necessary.
PH1-113
Resolution No . (2012 Series)
Page 6
Attachment 12
•
34.Special event hours of 6 am to 1 am are approved for winter/spring graduation day,St .
Patrick's Day, and Cinco de Mayo . Outdoor areas shall not open prior to 9 am and all othe r
restrictions and conditions of this permit regarding limitations of use of specified areas shal l
apply .
35.The applicant shall provide a noise analysis for the proposed metal staircase . The analysis
shall include noise mitigation measures to ensure the staircase will comply with the City's
Noise Ordinance .
36.The applicant shall execute ahold harmless and indemnification agreement to the satisfactio n
of the City Attorney for any claims or liability asserted against the City arising from or relatin g
to the applicant's use of the proposed patron queuing routes over Warden Bridge, includin g
injury to any patron, agent, or employee of the permitted property or business . or to any thir d
party arising from or relating to such use by the applicant, its patrons, agents or employees .
Code Requirement s
The following code requirements are included for informational purposes only . They serve to give
the applicant a general idea of other City requirements that will apply to the project . This is no t
intended to be an exhaustive list as other requirements may be identified during the plan chec k
process.
Utilities Departmen t
1.The applicant shall submit a plan that delineates the location of the property's existing an d
proposed water meter(s), water services, and sewer laterals to the points of connection at th e
City water and sewer mains .
2.If the property's existing sewer lateral is proposed to be reused, submittal of a video inspectio n
will be required for review and approval of the Utilities Department during the Buildin g
Permit Review process . If a new lateral is proposed, the existing lateral must be abandoned pe r
City standards .
3.Provisions shall be made for grease interceptors and FOG (fats, oils, and grease) storag e
within the project's solid waste enclosure . These types of facilities shall also provide an are a
inside to wash floor mats, equipment, and trash cans . The wash area shall be drained to th e
sanitary sewer .
Building Departmen t
1.
The minimum corridor width shall not be less than 44". CBC 1008 .2
2.
The open-space under the proposed exterior stair shall not be used for any purpose . CB C
1009 .6 .3 Exception
•
•
PH1-114
Resolution No .(2012 Series)Attachment 1 2
•Page 7
Fire Departmen t
1.Building to be provided with fire sprinklers installed per NFPA 13 Standards .
2.Provide a standpipe in the stairwell with outlets on each floor level and on roof .
3.All exit doors shall be equipped with panic hardware and no other lock or latch .
Upon motion of , seconded by
and on the following vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this day of 2012 .
Mayor Jan Mar x
ATTEST :
Maeve Kennedy Grime s
Clerk
APPROVED AS TO FORM :
J . Christine Dietric k
J . Christine Dietrick
J . Christine Dietric k
City Attorney
T :\Council Agenda Reports\2012\2012-09-25\SLO Brew Permit Appeal (Johnson-Carloni)\Attachments\Attachment 12 ,
Resolution .docx
•
•
PH1-115
Page intentionally lef t
blank .
•