HomeMy WebLinkAboutItem 1 - USE-3598-2016 (3427 Roberto Court) - Copy
ADMINISTRATIVE HEARING AGENDA REPORT
SUBJECT: Request to establish a new Bar/Tavern use associated with a cider production facility in
an existing building, which includes a 10% bicycle parking reduction in the Manufacturing (M) zone,
with a categorical exemption from environmental review.
PROJECT ADDRESS: 3427 Roberto Ct. BY: Januar Saptono, Planning Technician
Phone Number: (805) 781-7573
E-mail: jsaptono@slocity.org
FILE NUMBER: USE-3598-2016 FROM: Tyler Corey, Principal Planner
RECOMMENDATION: Approve the Administrative Use Permit to allow a new Bar/Tavern use
associated with a cider production facility in an existing building, which includes a 10% bicycle
parking reduction in the Manufacturing (M) zone, based on findings, and subject to conditions.
SITE DATA
Applicant Morgan Murphy
Complete Date December 9, 2016
Zoning Manufacturing (M)
General Plan Manufacturing (M)
Tenant Space ~2,178 square feet
Environmental
Status
Categorically exempt from
environmental review under CEQA
Guidelines section 15301 (Class 1:
Existing Facilities).
SUMMARY
The applicant , Two Broads Ciderworks, has requested an Administrative Use Permit to allow a cider
production facility with tastings that includes a 10% bicycle parking reduction located at 3427
Roberto Court in the Manufacturing (M) zone.
1.0 PROJECT INFORMATION
1.1 Site Information/Setting: The project site is located at the end of Roberto Court. Currently,
there is an auto repair shop that shares parking with the proposed cider production facility within
the property. Surrounding zoning includes High-Density Residential with a Planned
Meeting Date: January 9, 2017
Item Number: 1
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Development Overlay (R-4-PD) to the North, and Manufacturing (M) to the east, south and west.
1.2 Project Description: The applicant is requesting an Administrative Use Permit to allow a 10%
bicycle parking reduction in conjunction with Bar/Tavern use that is associated with a cider
production business at the subject location. The existing 2,178 square foot building is proposed
to be renovated as a caretaker unit, Bar/Tavern, and cider production facility with associated
activities such as tasting, cold and dry storage and brewing activity (Attachment 1, Project plan).
2.0 PROJECT ANALYSIS
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. In order
to protect and promote the public health, safety, and general welfare of the community, an
Administrative Use Permit has been required, per Table 9 of the Zoning Regulations, for a
Bar/Tavern use to operate in M zone. The Zoning Regulations 17.16.060.G2 states that the
number of vehicle parking spaces may be reduced by providing additional bicycle parking spaces
at a rate of one vehicle space per five bicycle spaces, up to a 10% redu ction.
Bar/Tavern: No nuisances are anticipated as a result of the proposed cider production facility with
tastings as the majority of activity will be conducted within the ex isting structure, except for a
325 square foot outdoor patio that will be limited to 10 p.m. daily. Staff recommends Condition
No . 11 that states that no amplified or live entertainment use that meets the definition of Night
Club shall be allowed at this location without the approval of a Nightclub Use Permit.
Parking: Currently there are 11 parking spaces on the site, which is shared between the auto repair
shop and the proposed cider production facility with tastings. The parking requirement for both
uses is 20 vehicle parking spaces (8 for the auto repair shop and 12 for the cider production
facility). By limiting the tasting room hours to weekends, and after 5 p.m. on the weekdays, it will
reduce the parking requirement for the property to 12 vehicle parking spaces (attachment 1,
Project plans). In order to maintain compliance with parking standards, staff recommends
Condition No. 2 which limits the hours of operation as discussed above for the Bar/Tavern (tasting
area) from 5 pm to 10 pm on weekdays and 12-10 pm on weekends. Condition No. 4 is
recommended to ensure that any changes to tenant space suits 100-120 be compatible with the
operation of Two Broads Ciderworks.
In order to accommodate the proposed use, t he applicant has proposed a 10% Bicycle parking
reduction by providing 5 additional bicyc le parking spaces to reduce the amount of required
parking from 12 spaces to 11 spaces. With approval of the 10% bicycle parking reduction the
project would comply with City’s parking requirements.
3.0 ATTACHMENTS
1. Reduced Project Plans
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4.0 ACTION
The Administrative Hearing Officer does hereby approve the Administrative Use Permit (USE-3649-
2016), which allows a new Bar/Tavern use associated with a cider production facility in an existing
building, which includes a 10% bike parking reduction, based on findings and subject to the following
conditions:
Findings
1. As conditioned, the use will not harm the general health, safety, and welfare of people living
or working at the site or in the vicinity because conditions will minimize noise impacts as well
as impacts to police resources and the community.
2. The proposed use is compatible with the project site and with existing uses in the vicinity
which include offices, auto part sales, restaurant and light manufacturing. Conditions of
approval have been adopted to minimize potential disturbances and criminal activities.
3. As conditioned, the project is consistent with the Zoning Regulations and the 2012 Alcohol
Outlet Regulations to reduce public safety issues 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.
4. There is no evidence to indicate that granting a 10% bicycle parking reduction will result in
poor on-site circulation or adversely affect the surrounding neighborhood.
5. The proposed parking reduction complies with San Luis Obispo Municipal Code Section
17.16.060 because 5 additional bicycle parking spaces are provided on site in lieu of one
vehicle parking space.
6. The project is categorically exempt from environmental review (Class 1, Section 15301,
Existing Facilities, CEQA Guidelines), because the project incorporates the convers ion of a
tenant space within an existing structure from one use to another and will not have a significant
effect on the environment.
Conditions
Planning Division
1. 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.
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2. The property owner shall ensure 11 parking spaces are available for the Two Broads
Ciderworks use from 5 pm - 10 pm weekdays and from 12 pm -10 pm on the weekends.
3. The property owner shall ensure 8 parking spaces are available for the existing auto repair
shop from 8 pm - 5 pm weekdays.
4. The property owner shall ensure that any changes to suits 100-120 will be compatible with
the operation of Two Broads Ciderworks and the approval of this use permit , including
available on-site parking.
5. The proposed outdoor patio shall be no larger than 325 sf. due to parking limitations.
6. The proposed use shall operate in accordance with the submitted project description. The Use
Permit shall be reviewed by the Community Development Director for compliance with
conditions of approval, or to determine whether a modification of the Use Permit is
necessary upon significant change to the business as represented in the applicant’s submitted
project application materials dated December 19, 2016, or in the event of a change in
ownership which may result in deviation from the project description or approved plans.
7. 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, which includes information and/or evidence supporting a conclusion
that a violation of this Use Permit, or of City ordinances, 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 Use Permit review, to insure on-going compatibility of the uses on
the project site, condit ions of approval may be added, deleted, modified, or the Use Permit may
be revoked.
8. Hours of operation for the proposed Bar/tavern use shall operate between the hours of 5:00
p.m. - 10:00 p.m. weekdays and 12:00 p.m. – 10:00 p.m. weekends. The outdoor patio area
shall be closed to all patrons no later than 10 p.m. nightly. Changes in the hours of operation
shall require an amendment to this use permit or require an additional use permit as determined
by the Community Development Director.
9. This Use Permit does not include the review of any exterior modifications, and is limited to
the use of the project site. Any new exterior modifications shall be reviewed separately for
consistency with the General Plan, Zoning Regulations, Community Design Guidelines.
10. 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.
11. Live or amplified entertainment that meets the definition of a Night Club shall not be allowed
at this location without the approval of a Night Club Use Permit.
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12. This use permit is approved for ABC alcohol license designation “Winegrower” and may not
be exchanged for the “Public Premises” license type (Bar/Tavern).
13. 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 and businesses.
14. The site shall be maintained in a neat and orderly manner at all times, to the satisfaction of the
Community Development Director.
15. 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).
16. 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 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.
17. 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 the Police Department immediately upon demand. Video data shall be retained
for a minimum of 72 hours or as otherwise required by law.
18. 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 consumptio n, based
on training provided to all staff.
19. All employees shall attend ABC LEAD Training or equivalent training , o the satisfaction of
the Police Chief.
20. The applicant shall be responsible for on-going security/safety training to accommodate
changes in personnel.
21. 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 taking
reasonable steps to correct any objectionable conditions on the premises and immediately
adjacent to the premises (§24200).
22. The maximum posted occupant load for each space shall not be exceeded at any time. This
permit is strictly limit ed to allow only the occupant load for the premises as approved by the
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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.
23. Bar area shall be made accessible to persons with disabilities, subject to the approval of the
Chief Building Official.
24. 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."
Public Works
25. A separate 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 show and note the dimensions and bearings of all property
lines and easements.
27. The building plan submittal shall show and note any sections of damaged or displaced curb,
gutter, and sidewalk or driveway approach to be repaired or replaced to the satisfaction of the
Public Works Department.
28. The building plan submittal shall include a complete site utility plan. All existing and
proposed utilities along with ut ility company meters shall be shown. Existing underground
services shall be shown along with any proposed alterations or upgrades. All work in the
public right -of-way shall be shown or noted.
29. The building plan submittal shall include a grading, drainage and erosion control plan. The
grading plan shall show existing structures and grades located within 15’ of the property lines
and/or building pad in accordance with the grading ordinance. The plan shall include all
existing and proposed grades, finish floor elevations, and spot elevations to depict the site
drainage. The plan shall include all existing and proposed drainage devices and systems.
Utilities
30. The property’s existing sewer lateral to the point of connection at the City main must pass a
pipeline video inspection (visual inspection of the interior of the pipeline), including repair or
replacement, as part of the project. The pipeline video inspection shall be submitted during
the Building Permit Review Process for review and approval by the Utilities Department prior
to issuance of a Building Permit. Additional information is provided below related to this
requirement:
The pipeline video inspection shall be submitted on USB drive and shall be in color.
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The inspection shall be of adequate resolution in order to display pipe.
Material submitted shall include the project address and a scaled plan of the building and
the lateral location to the connection at the City sewer main.
The inspection shall include tracking of the pipeline length (in feet) from the start of the
inspection to the connection at the City sewer main.
It is optional to provide audio on the report to explain the location, date of inspection, and
pipeline condition observations.
31. The project’s commercial and residential us es shall be metered separately. All residential units
are to be individually metered.
32. If the proposed use includes food preparation, or any type of process discharge, a pre-
treatment design shall be provided with the site plan, and a pre-treatment application shall be
completed. The pre-treatment application will need to be coordinated with the building
department, and the City’s Industrial Waste Program Manager.
Code Requirement(s)
33. The proposed utility infrastructure shall comply with the latest engineering design standards
in effect during the time a building permit is obtained, and shall have reasonable alignments
and clearances needed for maintenance.
34. A double detector check-valve assembly is required per engineering design standard 6420.
Natural Resources
35. Applicants shall plant two native riparian trees (sycamore or cottonwood) at the top of the
creek bank to the satisfaction of the Natural Resources Manager.
Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
__________________________________
Doug Davidson, Deputy Director
Hearing Officer