HomeMy WebLinkAbout19 USE-0618-2019 (1150 Laurel Lane, Suite 130)Community Development
919 Palm Street. San Luis Obispo, CA 93401-3218
805.781:7170
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October 29, 2019
Noelle Dubois
1150 Laurel Lane, Suite 130
San Luis Obispo, CA 93401
SUBJECT: USE-0618-2019 (1150 Laurel Lane, Suite 130)
Minor Use Permit review for a Bar/Tavern Use to for the proposed relocation
of a brewery (Bang the Drum) to the project site; the application includes a
request to provide live entertainment and extended hours of operation after
11:00 pm (12:00 am Friday and Sunday). The project is categorically exempt
from environmental review (CEQA)
Dear Noelle Dubois:
On October 28, 2019, I conducted a public hearing on your request for a Minor Use Permit to
establish a bar/tavern use a bar/tavern use associated with a microbrewery that includes live
entertainment and late -night hours for alcohol services. After reviewing the information
presented, I have approved your request, based on the following findings and subject to the
following conditions:
Findines•
1. As conditioned, the project is consistent with the Zoning Regulations and the 2012
Alcohol Outlet Regulations in place to reduce public safety problems associated with
alcoholic beverage sales and provide for properly maintained alcohol outlets so that
negative impacts generated by these activities are not harmful to the surrounding
environment.
2. As conditioned, the use will not result in adverse effects to the general health, safety,
and welfare of people living or working in the vicinity because conditions of the use
permit approval have been adopted that will minimize potential disturbances as well
as impacts to police resources and the community.
3. As conditioned, the use will not result in jeopardizing or endangering the public health
or safety of persons residing or working in the surrounding area because the
application is consistent with the existing bar/tavern use that involves a negligible
expansion of use to include small scale live entertainment and late -night hours of
operation beyond existing conditions.
4. As conditioned, the use will not result in violations to any applicable provision of any
other City, State, or Federal regulation, ordinance or statute because conditions of the
use permit have been established to regulate the operational characteristics to be
consistent with existing City, State and Federal regulations.
USE-0618-2019 (1150 Laurel Lane, Suite 130)
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5. The use is compatible with and will not adversely affect the livability or appropriate
development of abutting properties and the surrounding neighborhood because
conditions of the use permit approval have been adopted that will minimize potential
impacts such as noise consistent with the limitations established under the City's Noise
Ordinance.
6. The proposed use inclusive of live entertainment is consistent with the General Plan
Land Use Element Society and Economy Goal #27 to serve as the County's hub for
entertainment and cultural services.
7. The proposed project is consistent with the General Plan, which designates the project
site as Services and Manufacturing (M-MU) intended for uses such a light
manufacturing (micro -brewery).
8. The design, location, size, and operating characteristics of the proposed use are similar
to the previously approved restaurant at this location (A 192-00), and the proposed use
is compatible with existing and future land uses in the vicinity as the operating hours
will not coincide with uses intended for the Manufacturing zone and the food services
complement uses intended for the existing facility.
9. The site is physically suitable in terms of public utilities, traffic generation, and public
emergency vehicle access, because the proposed project is a minor expansion of the
previous restaurant use within an existing development that provides adequate utilities,
vehicle parking, and site circulation.
10. The project is categorically exempt from environmental review (Class 3, Section
15303, New Construction or Conversion of Small Structures, CEQA Guidelines),
because the project consists of the modification of hours of operation for a business
within an existing building located within an urbanized area that involves a negligible
expansion of use to include small scale live entertainment and late night hours of
operation beyond existing conditions where noise levels are not permitted to exceed
thresholds established by the City's Noise Ordinance, project incorporates the
installation of small new equipment and the conversion of existing small structures
from one use to another and will not have a significant effect on the environment.
Conditions:
Please note the project conditions of approval do not include mandatory code requirements.
Code compliance will be verified during the plan check process, which may include additional
requirements applicable to your project.
Planning Division
This Minor Use Permit shall be subsequently reviewed at a public Administrative
Hearing if the City receives substantiated written complaints from any citizen, Code
Enforcement Officer, or Police Department employee, which includes information
and/or evidence supporting a conclusion that a violation of this Minor Use Permit, or
of City ordinances or regulations or Police Department resources (calls for service)
USE-0618-2019 (1150 Laurel Lane, Suite 130)
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applicable to the property or the operation of the business, has occurred. At the time
of the review, to ensure on -going compatibility of the uses on the project site,
conditions of approval may be added, deleted, or modified, or the Director's Action
Permit may be revoked.
2. The Minor Use Permit shall be reviewed by the Community Development Director for
compliance with conditions of approval, or to determine whether a modification of the
permit is necessary upon significant change to the businesses as represented in the
applicant's submitted project application materials, or in the event of a change in
ownership which may result in deviation from the project description or approved
plans.
3. The hours of operation shall be restricted to 10:00 AM to 10:00 PM Sunday through
Thursday, and 10:00 AM to 12:00 AM Friday and Saturday for all commercial activity.
The hours of operation for all outdoor food services shall operate no earlier than 10:00
Alva and shall not remain open later than 9:00 Pm, daily.
4. Full food service shall be available at all times alcohol is served. The restaurant shall
have full meals and restaurant service available during all hours of operation,
consistent with the approved hours of operation for the proposed use.
5. Entertainment shall be located only in the areas specified on floor plans as represented
in the applicant's submitted project application materials and the staff report dated
October 28, 2019. Live entertainment, above the level that is compliant with the City's
definition of ambient entertainment, shall be limited between the hours of 4:00 Plv1 to
10:00 PM each day of the week, for which no cover fee or ticket is required.
Performances which include a cover fee or ticket shall be limited to once a month,
unless approved by the Community Development Director in advance, or if approved
by separate permit.
6. Live or amplified entertainment shall not be allowed in any outdoor areas. Acoustic or
background music, consistent with the City's definition of ambient entertainment, is
allowed in outdoor areas from 10:00 AM to 9:00 PM.
7. The applicant shall make affirmative efforts to minimize the potential for adverse noise
and crowd impacts on adjacent establishments and nearby residences, including, but
not limited to, ensuring that all windows and doors are closed no later than 9:00 PM,
nightly.
8. Tables, chairs, and the general floor plan layout shall remain consistent with approved
plans and may not be removed or modified for late night operation or special events
unless approved by the Community Development Director in advance, or if approved
by separate permit.
9. Prior to occupancy, the applicant shall submit a site plan/floor plan detailing the
locations and duties of security staff and shall note regular maintenance/patrol of any
patron lines (i.e. queue), to the satisfaction of the Community Development
Department and Police Department. The security Plan shall include;
a. A detailed explanation to determine compliance with the City Noise Ordinance
during and at the conclusion of a musical event
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b. A detailed explanation of how maximum occupant load limits will be
maintained.
c. A detailed explanation of how concert patrons will exit the building at the
conclusion of a musical event.
10. The site shall be maintained in a neat and orderly manner at all times, to the satisfaction
of the Community Development Director.
11. The applicant shall not permit its patrons to leave the licensed premises with any
alcoholic beverage or to consume alcoholic beverages on any property adjacent to the
licensed premises under the control of the licensee(s).
12. To address complaints and minimize the need for police response to minor issues, an
owner or manager shall be on premises at all times, and shall be available to be
contacted by a City representative and/or adjacent property owner or tenant. The
applicant shall provide a security plan and regularly update contact information to the
City's Police, Fire, and Community Development Departments and adjacent property
owners and tenants, or any interested members of the public.
13. The applicant is responsible at all times for verifying the legal age of patrons, for
monitoring patrons' on -site alcohol consumption, and for declining to serve alcohol to
patrons who demonstrate signs of intoxication or impairment associated with alcohol
consumption, based on training provided to all staff.
14. All employees that will be handling and/or serving alcoholic beverages to customers
shall attend and complete the California Alcohol Beverage Control's (ABC) "Licensee
Education on Alcohol and Drugs" (L.E.A.D) and receive Certification prior to serving
customers. L.E.A.D. Certifications shall be maintained on -site by the business owner
and be made available upon request by the Police Chief. Other equivalent training be
approved by the Police Chief.
15. The applicant shall be responsible for on -going security/safety training to
accommodate changes in personnel.
16. The applicant shall maintain and operate a video recording system that records activity
at all entrances and exits during all business hours. The video shall be of a quality
suitable for later identification of customers and staff. It will be recorded in a manner
that may be retrieved and provided to police immediately upon demand. Video data
shall be retained for a minimum of 72 hours or as otherwise required by law.
17. 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;
maintaining the public health, morals, convenience, and safety; and taking reasonable
steps to correct any objectionable conditions on the premises and immediately adjacent
to the premises.
18. The maximum posted occupant load for each space shall not be exceeded at any time.
This permit is strictly limited to allow only the occupant load for the premises as
USE-0618-2019 (1150 Laurel Lane, Suite 130)
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approved by the City of San Luis Obispo Fire Department. Occupant loads approved
by the City of San Luis Obispo Fire Department shall be posted at all times.
19. The proposed stage and staging equipment shall be reviewed and approved by the
City's Fire Marshall prior to the first live entertainment event.
20. A building permit shall be required to establish the location of any stage or staging
equipment any changes to occupancy associated with live entertainment, subject to the
satisfaction of the Chief Building Official and the Fire Marshal.
21. This Minor Use Permit does not include any exterior changes or modification to the
building fagade, and proposed changes may be subject to separate review process. Any
new proposed signage shall be reviewed by the Planning Division to ensure
appropriateness for the site, and compliance with the Sign Regulations.
Indemnification
22. The applicant shall defend, indemnify and hold harmless the City and/or its agents,
officers and employees from any claim, action or proceeding against the City and/or
its agents, officers or employees to attack, set aside, void or annul, the approval by the
City of this project, and all actions relating thereto, including but not limited to
environmental review ("Indemnified Claims"). The City shall promptly notify the
applicant of any Indemnified Claim upon being presented with the Indemnified Claim
and City shall fully cooperate in the defense against an Indemnified Claim."
The Administrative Hearing Officer's approval of this project will automatically expire in one
year, unless plans for a building permit have been submitted, or unless a different expiration
date or unlimited expiration is stipulated at the time of approval, per Municipal Code section
17.58.030(C). On request, the Community Development Director may grant a single, one-year
extension, provided, that approval not exceed a maximum of two years from the date of
original approval.
Included with this letter is an invoice for the Completion Fee associated with this planning
application, which is now due. Completion Fees are to be paid within six months of the final
action taken on planning services provided. Payment of this fee may be made in person or by
mail.
In Person Payment: Please visit the Community Development Department at 919 Palm Street,
between 8:00 a.m. and 3:00 p.m., Monday through Friday. In person payments can be made
in cash, check, or credit/debit card (excluding Discover).
Payment by Mail: By -mail payments must be in the form of a check, and sent to:
CDD Planning Fees
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Checks made payable to: City of San Luis Obispo
USE-0618-2019 (1150 Laurel Lane, Suite 130)
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Please include on the check the application number from the subject line of this letter.
If you have any questions, please contact Kyle Bell at (805) 781-7524.
Sincerely,
Tyler Corey
Principal Planner
Community Development