HomeMy WebLinkAbout19 USE-0618-2019 Item 1 - USE-0618-2019 (1150 Laurel, Suite 130)
ADMINISTRATIVE HEARING AGENDA REPORT
SUBJECT: Review of a request for a Minor Use Permit for a Bar/Tavern Use associated with 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).
PROJECT ADDRESS: 1150 Laurel Lane, Suite 130 BY: Kyle Bell, Associate Planner
Phone Number: (805) 781-7524
E-mail: kbell@slocity.org
FILE NUMBER: USE-0618-2019
RECOMMENDATION: Approve the Minor Use Permit which allows a bar/tavern use associated
with a microbrewery that includes live entertainment and late-night hours for alcohol services,
based on findings, and subject to conditions.
SITE DATA
SUMMARY
The applicant, Noelle Dubois, is requesting a use permit to allow a bar/tavern use (restaurant with
associated micro-brewery) to be located in the Manufacturing (M-MU) zone within a Mixed-Use
Overlay (Attachment 1, Project Description). The Zoning Regulations define a bar/tavern as a
business where alcoholic beverages are sold for on-site consumption where food service is
subordinate to the sale of alcoholic beverages which may also include beer brewing as part of a
micro-brewery1. Zoning Regulations Table 2-1 (Uses Allowed by Zone) state that a Minor Use
Permit is required to establish a Bar/Tavern within the M zone.
The bar/tavern (Bang the Drum Brewery) had been operating at 950 Orcutt Road (its previous
location) with live entertainment and hours of operation of 10:00 AM to 10:00 PM Sunday through
Thursday, and 10:00 AM to 12:00 PM Friday and Saturday, in accordance with Minor Use Permit (A
27-13) approved on May 3, 2013 (Attachment 2).
1 Section 17.156.012. E Definitions. Bars, Live Entertainment, and Taverns. Any establishment that sells or serves
alcoholic beverages for consumption on the premises… This use includes wine tasting rooms and micro -breweries
where alcoholic beverages are sold and consumed onsite and any food service is subordinate to the sale of alcoholic
beverages…
Applicant Noelle Dubois, Bang the Drum
Representative Andrew Goodwin, Architect
Zoning M-MU (Manufacturing with a
Mixed-Use Overlay)
General Plan Service Commercial
Site Area ~17.04 acres
Environmental
Status
Categorically exempt from
environmental review under CEQA
Guidelines section 15303 (New
Construction or Conversion of
Small Structures)
Meeting Date: October 28, 2019
Item Number: 1
USE-0618-2019 (1150 Laurel Lane, Suite 130)
Page 2
1.0 PROJECT INFORMATION
Site Information/Setting
The project site is located on a 17-acre property within the Atoll warehouse that takes access from
Laurel Lane. Suite 130 was previously occupied by a restaurant known as End of the Line Café and
is currently vacant (Attachment 3, Project Plans). At this time the warehouse is primarily used for
storage, the new owner of the facility is working toward attracting more uses for the structure. The
subject suite within the existing building is located toward the rear of the property approximately
1,000 feet from Laurel Lane and over 500 feet from the closest residence. Surrounding uses include:
Union Pacific Railroad to the South, multi-family housing to the north, bus depot to the west, and
offices along Laurel Lane to the east.
Project Description
The applicant is requesting a Minor Use Permit to allow a Bar/Tavern associated with a new micro-
brewery use with live entertainment and late-night alcohol services. The Bar/Tavern use, Bang the
Drum Brewery, is seeking to relocate from their current location on Orcutt Road. The existing
building is proposed to be renovated as a Bar/Tavern with brewery equipment and associated
activities such as tasting, food service, cold and dry storage, retail , and live entertainment. The
applicant’s requested hours of operation would be: 10:00 AM to 10:00 PM Sunday through Thursday,
and 10:00 AM to 12:00 PM Friday and Saturday.
2.0 PROJECT ANALYSIS
Consistency with Zoning Regulations
It is intended that use permits allow flexibility in providing for, regulating, or preventing various
uses, so they will be compatible with existing or desired conditions in their neighborhoods. A major
component of the 2012 Alcohol Outlet Regulations was to prevent restaurants from “morphing” into
bars and nightclubs late at night. In order to protect and promote the public health, safety, and
general welfare of the community and further reduce the number of late-night incidents, a Minor
Use Permit has been required. Staff has evaluated the project and identified conditions to consider
in order to ensure the project is in substantial compliance with the 2012 Alcohol Outlet Regulations,
as discussed in this analysis.
Alcohol Licensing: The applicant is requesting to relocate their Type 23 California Alcoholic
Beverage (ABC) license2 from their previous location at 950 Orcutt to the subject property. This
license type is typically reserved for a small-scale brewery operation that is dedicated solely to the
production of specialty beers, that also provides for a restaurant or pub associated with the
manufacturing plant. The type of alcohol license is not under the purview of this application;
however, the use permit is required for ABC to relocate the license.
Hours of Operation: As proposed, the bar/tavern shall operate as a restaurant with full food service.
Staff recommends Condition No. 3 and 4, limiting the hours of operation to 10:00 AM to 10:00 PM
Sunday through Thursday, and 10:00 AM to 12:00 PM Friday and Saturday, and ensuring that food
service is available for customers during all hours of operation. Limiting the hours of operation and
2 ABC Type 23 License. Small Beer Manufacturer (Brew Pub or Micro-Brewery): Typically, a very small brewery
with a restaurant where the beer it produces is sold in draft form exclusively at its own premises. This operation often
sells other supplier’s bottled beer, including other hand-crafted or micro-brewed beers as well as wine to patrons for
consumption on its premises.
USE-0618-2019 (1150 Laurel Lane, Suite 130)
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providing full food service ensures consistency with the 2012 Alcohol Outlet Regulations in place
to reduce potential noise impacts and public safety problems associated with consumption of
alcohol in the community.
Live Entertainment: The General Plan’s Community Goals states that the City is to serve as the
county's hub for entertainment and cultural services. Staff recognizes the potential for crowd and
noise impacts on adjacent establishments (residences over 500 feet from the facility). The project is
proposed to operate with similar characteristics within the same zoning as the previous location at
950 Orcutt and is located at twice the distance from any neighboring residential uses. In addition to
compliance with the City’s Noise Ordinance, staff recommended conditions of approval include the
closing of windows and doors during live entertainment and requiring a manager be present and
available for contact by a City representative and/or adjacent property owners/tenants during live
entertainment events to minimize the need for police response to minor issues. The Police
Department and Fire Department have reviewed the application and have no objections, provided
that conditions of approval are imposed.
3.0 ATTACHMENTS
1. Project Description
2. Previous Minor Use Permit (A 27-13)
3. Project Plans
4.0 ACTION
The Administrative Hearing Officer does hereby approve the Minor Use Permit (USE-0618-2019),
which allows a Bar/Tavern with late night alcohol services and associated live entertainment, based
on the following findings and conditions:
Findings
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 imp acts
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.
USE-0618-2019 (1150 Laurel Lane, Suite 130)
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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.
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
Planning Division
1. 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
USE-0618-2019 (1150 Laurel Lane, Suite 130)
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regulations or Police Department resources (calls for service) 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 AM 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 rest aurant 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 consist of a small scale acts such as a solo/duo performers
which provides background entertainment for the restaurant Monday through Thursdays
between the hours of 7:00 PM to 10:00 PM. Live bands shall be limited to weekends between
the hours of 4:00 PM to 10:00 PM on Friday and Saturdays, 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, unless authorized
by the Community Development Director upon evidence of compliance with the City’s
Noise Ordinance by providing a professional sound study. 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.
USE-0618-2019 (1150 Laurel Lane, Suite 130)
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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
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 to Chorro Street
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 shall attend ABC LEAD Training or equivalent training, to the satisfaction of
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.
USE-0618-2019 (1150 Laurel Lane, Suite 130)
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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 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
façade, 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."
Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
__________________________________
Tyler Corey, Principal Planner
Hearing Officer
Bang the Drum Brewery - Project Description
Bang the Drum Brewery is looking to operate in a very similar way to our Orcutt Road
location with the addition of a restaurant. We would like to:
●Manufacture and sell craft beer.
●Per our Type 23 License with the addition of a restaurant: sell wine and
cider to better serve those who love our spot but do not want beer.
●Host events for the community: live music, trivia, open mic and outlets for
the creatives to network in our community. We love events that help others
find and connect with like-minded people.
●Serve lunch and dinner with savory and sweet pies; and sell coffee, tea and
other non-alcoholic beverages for the people working in our building and
nearby. *We plan to have meat pies for sale at all hours of operation.
Our goal is to be a hub for our community by creating a space for our neighborhood to
come and get lunch/dinner and a drink. We are really excited about offering food as we
see ourselves as more than a brewery but a space that holds creative/fun events and is
a comfortable place to hang out.
Parking:
1150 Laurel Lane, Suite 160 used to house End of the Line Cafe which was a cafe that,
as we understand it, was open to serve the previous warehouse tenants (Cal Trans)
and the surrounding neighborhood lunch and dinner.
● The entire warehouse area has 500 parking spots.
● Our current lease with the owners allows us 43 spots.
●Our leasable space is 4,300 square feet.
●We have been alloted 1 parking spot per 100 square feet.
We believe that this is more than enough space especially because our busiest times
are the opposite of normal business hours. Even as the warehouse fills up with tenants
we will take far less than 43 spaces during the time that most of those businesses are
operating. We are also hoping to serve the tenants who are already parking
Live Entertainment:
We would like to operate much like our location on Orcutt Road.
Here is a schedule of the amplified entertainment we had at the old location that we
would like to continue at the new location.
Monday: Open Mic Night (7:30-10PM) with low amplification of solo and duo musicians.
Thursday: Comedy Night (7-10PM) an open mic comedy night followed by featured
comedy acts.
Friday-Sunday: Local and traveling live bands generally made up by 2-6 people occur
once or twice on the weekend. These events are mostly free entry with ticketed events
occurring an average of once a month. Often the ticketed events are for For the Folks
events who donate all profits to a selected charity.
*The earliest live entertainment would occur is 4pm on Saturday or Sunday unless we
have a family friendly daytime weekend event in which the earliest we’ve started music
in the past was noon.
●Indoor Stage.
○15x10 feet.
○Live music will not go beyond 11:59pm.
○Live music will comply with manufacturing zone sound
limitations.
○All windows and doors will be closed at 10pm.
●Outdoor Stage.
○The stage area will be ground level and low key, only used
on days in which the weather is very nice.
○Live music will not go beyond 9:59pm.
○Live music will comply with manufacturing zone sound
limitations.
○The stage will face diagonally towards our building so any
sound will be directed to the large warehouse and minimize
sound carrying beyond our property.
After 5 years of operating at our old location we acquired many tools to help use reduce
our impact on our surrounding neighborhood. We plan to use these tools at our new
location, including:
●Using burlap to create base traps for any low sounds that might carry.
●Keeping a decibel reader at our entrance and checking the levels frequently to
make sure we are well within our range.
●Relaying all of our noise requirements to each of the musicians prior to their
performing and checking in with them during their performance to ensure their
compliance.
●Walking around our building to double check that our sound is contained within
our immediate area.
●Pointing all speakers down and away from residential areas.
We want to be a positive edition to the community so this is very important to us. We
are excited because we have a whole warehouse behind us and the train tracks in front
of us. Using the same measures as we did at our previous location we should be able to
have even less impact on our surrounding areas.
Hours of Operation:
Our hours of operation at our Orcutt location were:
●Sunday-Thursday: noon-10pm
●Friday-Saturday: noon-midnight
With the edition of a restaurant we would like to extend those hours at the beginning of
the day to start at 10 or 11am so that we can serve lunch and coffee. Being able to
operate until 1am on Fridays and Saturdays is a long term goal once we build up a
rapport with the city.
For now we propose that our hours be at least:
●Sunday-Thursday: 11am-10pm
●Friday-Saturday; 11am- midnight.
SCALE:1/16" = 1'-0"
BANG THE DRUM BREWERY ANDREW GOODWIN DESIGNS
2050 PARKER STREET
SAN LUIS OBISPO, CA 93401
WWW.ANDREWGOODWIN.US
ARCHITECT: ANDREW GOODWIN, AIA (C-34213)
12AB12ABSCALE:3/32" = 1' - 0"
OPEN SEATING
2200 S.F.
RESTROOM
114 S.F.
RESTROOM
114 S.F.
BAR
490 S.F.
RETAIL
224 S.F.
KITCHEN
639 S.F.
STORAGE
183 S.F.
VIP AREA
338 S.F.
BANG THE DRUM BREWERY ANDREW GOODWIN DESIGNS
2050 PARKER STREET
SAN LUIS OBISPO, CA 93401
WWW.ANDREWGOODWIN.US
ARCHITECT: ANDREW GOODWIN, AIA (C-34213)
May 6, 2013
Gary Dubois
1469 Lizzie Street
San Luis Obispo, CA 93401
SUBJECT: Use Permit Appl. A 27-13: 950 Orcutt Road
Dear Mr. Dubois:
On Friday, May 3, 2013, I conducted a public hearing on your request for a Use Permit to
allow a brewery tasting room in an existing building with indoor/outdoor live entertainment
at the above-listed location.
After reviewing the information presented, I have approved your request for a tasting room
in conjunction with a brewery and continued your request for live entertainment until a
noise study is evaluated and reviewed at a future public hearing, based on the following
findings and subject to the following conditions:
Findings
1. As conditioned, the proposed use will not be detrimental to the health, safety , or
welfare of persons working or living at the site or within the vicinity because the
use is consistent with existing conditions on the site and is adequately separated
from adjacent businesses.
2. As conditioned, the proposed use is consistent with the property development
standards of the City’s Zoning Regulations.
3. As conditioned, the proposed use is consistent with the General Plan because it
provides a mix of uses to serve nearby residents (LUE 2.2.1).
4. The project is exempt from environmental review under Class 1 (Section 15301),
Existing Facilities of the CEQA Guidelines because the project provides additions
to an existing structure which does not result in an increase of more than 50
percent of the floor area of the structure.
A 27-13 (950 Orcutt Road)
Page 2
Conditions
Planning
1. Live entertainment, above the level compliant with the City’s definition of ambient
entertainment, shall not be allowed until further noise analysis is provided by the
applicant for review at a subsequent Administrative Hearing. A noise study
prepared by a noise/acoustical consultant shall be submitted addressing the
potential impacts of live indoor and outdoor entertainment on surrounding
residential and other sensitive land uses.
2. The proposed use shall operate in accordance with the submitted project
description.
3. A building plan check submittal that is in full conformance with submitted project
plans, and incorporating the following conditions of approval, shall be submitted for
review and approval of the Community Development Department. A separate, full-
size sheet shall be included in working drawings submitted for a building permit
that lists all conditions of project approval. Reference shall be made in the margin
of listed items as to where in plans requirements are addressed.
4. Plans submitted for a building permit shall clearly indicate the site ’s existing
conditions including existing uses, site circulation, and fencing.
5. Plans submitted for a building permit shall clarify the extent of landscaping and
other improvements in the outdoor patio area. If the partnership with Transitions
Mental Health Growing Grounds ceases, the applicant shall provide equivalent
landscaping on-site.
6. The proposed westernmost deck (within the existing filtration/landscape swale)
shall be repositioned to abut the adjacent deck to the east or be removed. This
shall be shown on plans submitted for a building permit.
7. Plan submitted for a building permit shall provide final design details and clearly
demonstrate compliance with the City’s fence height regulations (Zoning
Regulations section 17.16.050) for the proposed fencing along Orcutt Road.
8. Operation for the proposed tasting room and outdoor patio shall not be outside the
hours of 12:00 p.m. (noon) to 10:00 p.m. Sunday through Thursday and 12:00 p.m.
(noon) to 12:00 a.m. (midnight) Friday and Saturday. Hours of operation may be
modified at a later date subject to written approval of the Community Development
Director and Police Department.
9. A minimum of five short-term and three long-term bicycle parking spaces shall be
provided on-site.
A 27-13 (950 Orcutt Road)
Page 3
10. The proposed use shall operate in conformance with the City Noise Ordinance
(M.C. Chapter 9.12, Noise Control) to maintain compatibility with the nearby
residences.
11. The site shall be maintained in a neat and orderly manner at all times, including
daily clean-up maintenance of public space adjacent to the bu siness.
12. The applicant is responsible at all times for verifying the legal age of patrons prior
to entry, for monitoring patrons’ on-site alcohol consumption, and for declining to
serve alcohol to patrons who demonstrate signs of intoxication or impairmen t
associated with alcohol consumption based on training that is to be provided to all
staff.
13. No individual under 21 years of age, or without proper identification, shall be
served or sold alcohol.
14. 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).
15. All employees shall attend ABC LEAD Training or equivalent training.
16. The applicant shall ensure on-going security/safety training to accommodate
changes in personnel.
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 alco hol 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 immediately adjacent to the premises (§24200).
18. 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.
19. Any new proposed signage shall be reviewed by the Planning Division to ensure
appropriateness for the site and compliance with the Sign Regulations.
20. Residual soil and groundwater contamination may remain at the site and may be
exposed during site redevelopment activities. Accordingly, the Central Coast
Regional Water Quality Control Board recommends the project proponent develop
a hazardous substance mitigation plan prior to initiation of grading and construction
activities. The plan shall provide an overview/background of the property, and
describe the methodologies proposed for the ide ntification, proper handing, on-site
A 27-13 (950 Orcutt Road)
Page 4
management, and disposal of petroleum hydrocarbon -contaminated soil and
groundwater that will be generated during construction and de-watering activities.
21. The Use Permit shall be reviewed by the Community Development Director for
compliance with conditions of approval or to determine whether a modification or
revocation of the Use Permit is necessary upon significant change to the business
as represented in the submitted plans/project description and staff report dated
May 3, 2013, or in the event of a change in ownership which may result in
deviation from the project description or approved plans.
22. This Use Permit shall be reviewed by the Administrative Hearing Officer no later
than five years from date of occupancy. It shall be the responsibility of the
applicant to initiate the review and pay applicable fees. The Administrative
Hearing Officer shall have the ability to modify, delete, or add conditions as
necessary.
Public Works
23. Previous development proposals have been approved for this site. As such, the
approved developments and requirements for improvements may be considered in
phases. Phase 1 as submitted with this application includes the recognition of
temporary uses and partial improvements. This initial Phase 1 has a time period
that will sunset in five years. The Phase 2 improvements have not been
specifically identified on these plans but are referenced as final conditions related
to the extension of the Use Permit approval beyond five years. The review
process for Phase 2 shall be as established by the Community Development
Department. Phase 2 improvements may include the review of new buildings or
overall site redevelopment, including other improvements on this ca mpus that may
be outside the specific lease related to this application.
24. Phase 2 parking lot improvements have not been presented but may require the
modification or relocation of the Phase 1 trash enclosure improvements. Phase 2
parking lot improvements will require an upgrade to the parking lot adjacent to
Duncan Lane to City standards.
25. An encroachment permit will be required from the Public Works Department for
any work or construction staging in the public right-of-way.
26. The building plan submittal shall correctly reflect the right-of-way width, location of
frontage improvements, front property line location, and all easements and
dedications. All existing and proposed frontage improvements, utility installations,
and drainage improvements shall be shown for reference.
27. One or more sidewalk underdrains may be required along the Orcutt Road
frontage to manage the runoff from any improved surfaces or alteration of the
historic drainage off this site.
A 27-13 (950 Orcutt Road)
Page 5
28. The existing fencing, plantings, or other improvements located within the public
right-of-way or area of dedication shall be removed or relocated to the satisfaction
of the Public Works Director. A temporary encroachment agreement will be
required for any proposed encroachments or existing encroachments that are
allowed to remain. The required agreement shall be recorded prior to building
permit issuance for each phase as applicable.
29. The Phase 1 building permit plan submittal shall include all required parking lot
improvements, dimensions, space dimensions, maneuverability, materials, space
and aisle slopes, drainage, pavement marking, signage, and striping in accordance
with the Parking and Driveway Standards and disabled access requirements of the
CBC.
30. The site plan included with the building permit submittal shall correctly reflect all
existing and proposed improvements. The site plan submitted with this application
is antiquated and does not reflect the current site delineation, varied uses, site
circulation, and/or compliance with pertinent code requirements.
31. The Phase 1 building plan submittal shall include a summary report on the water
quality treatment method proposed for the existing and proposed impervious
parking lot areas.
32. Provisions for trash, recycle, and green waste containment, screening, and
collection shall be approved to the satisfaction of the City and San Luis Obispo
Garbage Company. The respective refuse storage area and on -site conveyance
shall consider convenience, aesthetics, safety, and functionality. Phase 2 parkin g
lot improvements have not been presented but may require the modification or
relocation of the Phase 1 trash enclosure improvements.
33. The building plan submittal shall show all existing and proposed trees related to
this lease space. The plan shall show and note any trees to be removed. Street
trees shall be planted as a condition of the Phase 1 building permit improvements
along Orcutt Road and Duncan Road per City Engineering Standards and to the
satisfaction of the Public Works Department.
34. One 15-gallon street tree may be required for each 35 lineal feet of frontage. The
City Arborist shall approve the tree species and planting requirements. New trees
shall be located to honor the existing, proposed, and/or future sidewalk location. If
adequate right-of-way/parkway is not available between the back of sidewalk and
existing buildings to remain, an alternate planting location may be approved on-site
within the perimeter fencing.
35. Any deviation from the prescribed tree planting requirement shall be approved by
the City. Tree planting within the lease space of others may be guaranteed for
installation with a future phase if deemed appropriate. Deferral of street tree
planting may require a surety and/or a recorded covenant to plant street trees upon
the request of the City.
A 27-13 (950 Orcutt Road)
Page 6
Transportation
36. Partial frontage improvements shall be completed in conjunction with the Phase 1
project improvements. The Phase 1 project shall upgrade or replace the existing
curb ramp and shall install sidewalk from the curb ramp to the southerly driveway
approach per current ADA and City Engineering Standards along the Duncan
Road frontage in conjunction with the required building permits. An accessible
path of travel shall be provided from the public right -of-way to the area of remodel
to the satisfaction of the Building Official.
37. The Phase 1 right-of-way dedications related to the curb ramp and sidewalk
installation shall include the 90’ x 30’ corner triangle area at the intersection of
Duncan and Orcutt Road as shown in Exhibit 1 of Ordinance 1269 (1994 Series).
Any deferral of the Phase 1 dedication to Phase 2 shall be approved by the Public
Works Director.
38. Citywide Transportation Impact Fee shall be paid prior to building permit issuance
for the Phase 1 construction. The interior and exterior uses within the lease space
will be used to calculate all traffic-related fees. Credit will be applied for the
existing/prior use as established by ordinance.
39. Fair-share Transportation Impact fees shall be paid prior to Phase 1 building permit
issuance for the following improvements:
a) Orcutt Road Widening from Sacramento Drive to Laurel Lane. Current pro
rata fee is estimated at $610.92 per new PM Trip generated by the project
traveling through the intersection.
b) Intersection widening and improvements to the South/Broad/Santa Barbara
Street Intersection. Current pro rata fee is estimated at $1,646 per new PM
Trip generated by the project traveling through the intersection.
c) The installation of a traffic signal at the intersection of Broad Street and
Woodbridge. Current pro rata fee is estimate d at $156 per new PM Trip
generated by the project traveling through the intersection.
40. The calculation of the fair-share traffic fees will utilize ITE trip generation rates.
The applicant may submit traffic count data (following City guidelines) for the
specific use one year after the business has been in use for the City’s
consideration. If it is determined that the actual project traffic is less than was
estimated, the applicant may request a refund for the portion of the traffic fee that
exceeded the actual traffic counts.
41. As a condition of Phase 2, the existing driveway approaches shall be upgraded or
replaced to comply with current City and ADA standards. The current City and
ADA standard requires a Four-foot accessible sidewalk extension behind the ramp.
A 27-13 (950 Orcutt Road)
Page 7
42. Dedications will be required as a condition of Phase 2 right -of-way construction.
City Engineering Standards require that public sidewalk be installed within a public
right-of-way or public street easement. The required sidewalk installation shall
include the necessary right-of-way dedication. The dedication shall also include
any public pedestrian easement needed to accommodate the ADA sidewalk
extension behind the driveway approaches.
43. The required dedications and/or easements shall be recorded prior to Phase 2
permit issuance. The applicant shall provide current ownership information, a
preliminary title report, a legal description, and any required exhibits necessary to
define the area of the dedication/easement.
44. Compliance with certain provisions of the South Broad Street Corridor Plan
(SBSCP) may be required as a condition of permit issuance for the Phase 2
improvements. If, at the time of the Phase 2 permit application/review, the City
Council has adopted the SBSCP, additional right-of-way dedication and
improvements may be required to the satisfaction of the Public Works Director in
accordance with the plan.
Utilities
45. During the building plan check submittal process, the applicant shall submit a plan
that delineates the location of the property’s existing and proposed water meter(s),
water services, and sewer laterals to the points of connection at the City water and
sewer mains.
46. The property’s existing sewer lateral to the point of connection at the City main
must pass a video inspection, including repair or replacement, as part of the
project. The CCTV inspection shall be submitted during the Building Permit
Review Process for review and approval by the Utilities Department.
47. Upon connection to the City’s sanitary sewer system, the facility will be enrolled as
a Class I Industrial User in the Pretreatment Program per section 13.08 of the
Municipal Code.
Fire
48. Fire sprinkler installed per NFPA 13 Standards will be required if the value of the
building modifications exceed 50% of the building value, as determined by the
Building Official.
This use permit shall be reviewed by the Administrative Hearing Officer if the City
receives substantiated written complaints from any citizen, Code Enforcement Officer,
or Police Department employee, that includes information and/or evidence supporting a
conclusion that a violation of this Use Permit, or of City ordinances or regulations
applicable to the property or the operation of the business, has occurred. At the time of
the Use Permit review, to insure on-going compatibility of the uses on the project site,
A 27-13 (950 Orcutt Road)
Page 8
conditions of approval may be added, deleted, modified , or the permit may be revoked.
The Hearing Officer may refer the complaint to the Planning Commission at his/her
discretion.
My decision is final unless appealed to the Planning Commission within 10 days of the
action. Any person aggrieved by the decision may file an appeal. Appeal forms are
available in the Community Development Department or on the City’s website
(www.slocity.org). The fee for filing an appeal is $268 and must accompany the appeal
documentation.
If you have any questions, please call Marcus Carloni at (805) 781-7176.
Sincerely,
Doug Davidson
Hearing Officer
cc: SLO County Assessor’s Office
Robert L. Henderson, TRE ETAL
600 Taylor Place
Arroyo Grande, CA 93420
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