HomeMy WebLinkAboutUSE-3598-2016 (3427 Roberto Court) APPROVALCommunity Development
919 Palm Street, San Luis Obispo, CA 93401-3218
805.781.7170
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January 11, 2017
Morgan Murphy
680 Morro Street, Unit B
San Luis Obispo, CA 93401
SUBJECT: USE-3598-2016 (3427 Roberto Court, Unit 130)
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.
Dear Ms. Murphy:
On January 9, 2017, I reviewed your request for an Administrative Use permit 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, at 3427 Roberto
Court. After careful consideration, I have approved this request, based on the following
findings and subject to the following conditions:
Findinlis
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.
USE-3598-2016
3427 Roberto Court, Unit 130
Page 2
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
conversion 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
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.
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 am - 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,
USE-3598-2016
3427 Roberto Court, Unit 130
Page 3
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, conditions 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.
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.
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3427 Roberto Court, Unit 130
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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
consumption, 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 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.
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.
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3427 Roberto Court, Unit 130
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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 utility 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.
• 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 uses 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.
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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.
My decision is final unless appealed. The applicant may appeal the determination of
consistency with the code to the Architectural Review Commission within 10 days of the
action. The fee for filing an appeal is $281 and must accompany the appeal documentation.
If you have any questions, or if you need additional information, please contact Januar
Saptono at (805) 781-7573.
Sincerely,
Doug Davidson, AICP
Deputy Director
Development Review
Community Development
cc: Maggie Przybylski
680 Morro Street, Unit B
San Luis Obispo, CA 93401
Love Architecture
Donald Love
11313 Cuervo Way
Atascadero, CA 93422
Maksoudian, David & Lisa Family Trust
474 Sandercock Street
San Luis Obispo, CA 93401