Loading...
HomeMy WebLinkAboutMOD-0028-2026 (3427 Roberto) Decision LetterCity of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org April 14, 2026 Sent via Email Randy “Doobie” Coates High St Deli 3427 Roberto Ct San Luis Obispo, CA 93401 SUBJECT: MOD-0028-2026 (3427 Roberto Ct) - Request to modify a bar/tavern use permit (USE-3598-2016) to extend hours of operation for the tasting room, revise conditions to allow a small-scale craft distillery, and remove parking conditions that no longer apply to the site. This project is categorically exempt from environmental review under Section 15301 (Existing Facilities) of the State California Environmental Quality Act Guidelines. Dear Randy Coates, On April 13, 2026, I conducted a public hearing on your request to modify a Minor Use Permit to extend hours of operation for the tasting room, revise conditions to allow a small-scale craft distillery, and remove parking conditions that no longer apply to the site. After reviewing the information presented, I approved your request, based on the following findings and subject to the following conditions of approval: Findings 1. The project is consistent with the General Plan and Zoning regulations because modifications to the bar/tavern is allowed when approved with a Use Permit. Additionally, the design, location, size, and operating characteristics of the project will be compatible with existing and future land uses in the vicinity because the proposed modifications would not provide additional accessory tasting area for an existing production use and is compatible with neighboring manufacturing, cider production and tasing, and residential uses. 2. The project is consistent with the Zoning Regulations and the 2012 Alcohol Outlet Regulations because required conditions of approval are included that have been identified to reduce public safety concerns 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. 3. As conditioned, the site is physically suitable in terms of (a) its design, location, shape, size, and operating characteristics of the proposed modifications, (b) traffic generation and provision of public and emergency vehicle (e.g., fire and medical) access, (c) public protection services (e.g., fire protection, police protection, etc.), and (d) the provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal). The project site is surrounded by other developed MOD-0028-2026 3427 Roberto Court Page 2 properties, has access to the City’s circulation system, and will be served by existing utility services. Additionally, the project is sufficiently served by both vehicle and bicycle parking onsite, will provide additional plantings along the top of bank, and does not include activities that generate service or utility demands beyond those anticipated with uses permitted in the vicinity. 4. 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 potential impacts such as noise consistent with the limitations established under the City’s Noise Ordinance as well as impacts to police resources and the community. 5. The proposed use is compatible with the project site and with existing uses in the vicinity which include offices, food preparation, cider tasting, and other light manufacturing uses. Conditions of approval have been adopted to minimize potential disturbances and criminal activities. 6. The existing 10% parking reduction is maintained because 5 additional bicycle parking spaces are provided on site in lieu of one vehicle parking space, consistent with San Luis Obispo Municipal Code Section 17.16.060. 7. The project is categorically exempt under Class 1, Existing Facilities; Section 15301 of the State California Environmental Quality Act (CEQA) Guidelines, because the project consists of the modification of hours of operation for businesses within an existing building located within an urbanized area and will not have a significant effect on the environment. Conditions The conditions included with approval of this request (MOD-0028-2026) will supersede the conditions in the previously approved Minor Use Permit (USE-3598-2016) which established the bar/tavern use in the Manufacturing zone at 3427 Roberto Court. 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. 2. The property owner shall ensure that any changes to suites 100-110 will be compatible with the operation of the bar/tavern use and the approval of this use permit, including available on- site parking. 3. The proposed outdoor patio shall be no larger than 325 sf. due to parking limitations. 4. 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 MOD-0028-2026 3427 Roberto Court Page 3 application materials dated March 27, 2026, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 5. If the City receives substantiated evidence supporting the conclusion that a violation of this Use Permit, or of City ordinances has occurred; and if the Community Development Director determines the violations have not been adequately resolved, the Use Permit shall be reviewed at an Administrative Hearing. At the time of the Use Permit review, to ensure 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. 6. Hours of operation for the proposed Bar/tavern use may operate between the hours of 11:00 a.m. - 10:00 p.m. daily. 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. 7. 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, and Community Design Guidelines. 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. Live or amplified entertainment that meets the definition of a Night Club shall not be allowed at this location without the approval of a separate Night Club Use Permit. 10. The Use Permit is approved for ABC alcohol license designation “Craft Distiller” which allows the licensee to sell a limited amount of distilled spirits manufactured by the licensee to the consumer at the licensed premises; and may sell beer, wine, and spirits to consumers for consumption at a bona fide eating place upon the licensed premises per Business and Professions Code § 23500 - 23508. This license may not be exchanged for the “Public Premises” license type (Bar/Tavern). 11. 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. 12. The site shall be maintained in a neat and orderly manner at all times, to the satisfaction of the Community Development Director. 13. The applicant shall not permit its patrons to leave the licensed premises with any open alcoholic beverage or to consume alcoholic beverages on any property adjacent to the licensed premises under the control of the licensee(s). 14. 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. 15. 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 MOD-0028-2026 3427 Roberto Court Page 4 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. 16. 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. 17. All employees shall attend ABC LEAD Training or equivalent training, to the satisfaction of the Police Chief. 18. The applicant shall be responsible for on-going security/safety training to accommodate changes in personnel. 19. 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). 20. 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. 21. Bar area shall be made accessible to persons with disabilities, subject to the approval of the Chief Building Official. Utilities 22. 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. Grease interceptor calculations must be provided on the building permit plans for review and approval. Code Requirement(s) 23. 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. Natural Resources/Urban Forestry 24. Prior to occupancy, two (2) new native riparian trees (Platanus racemosa, Populus fremontii or Populus trichocarpa) shall be sourced in accordance with the Guideline Specifications for Nursery Tree Quality and planted per the City’s Engineering Standards for Tree Planting at the top of the creek bank to the satisfaction of the City Arborist. Provide photographic evidence to the City Arborist (wgault@slocity.org) that trees have been planted. All required trees shall survive and any trees that do not survive or establish in good health, to the satisfaction of the City Arborist, shall be replanted. MOD-0028-2026 3427 Roberto Court Page 5 Indemnification 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 the City shall fully cooperate in the defense against an Indemnified Claim. Notice of Opportunity to Protest The applicant acknowledges and agrees that the project conditions of approval stated herein provide adequate and proper notice pursuant to Government Code 66020 of the applicant’s right to protest any requirement for fees, dedications, reservations, other exactions, and that any protest in compliance with Section 66020 must be made within ninety (90) days of the date that notice was given. Disclosure The conditions of approval and additional information provided as code requirements and/or informational notes in this letter of approval do not represent an exhaustive list of mandatory code requirements. The additional information provided is intended for the applicant’s reference for subsequent permitting steps and requirements. Once detailed construction documents for the building permit application are submitted, the project will be reviewed for code compliance, which may result in requirements that were not identified or reported in the planning review process. My action is final unless appealed within ten calendar days of the date of the decision. Anyone may appeal the action by submitting a letter to the Community Development Department within the time specified. The appropriate fee must accompany the appeal documentation. Appeals will be scheduled for the first available Planning Commission meeting date. If an appeal is filed, you will be notified of the date and time of the hearing. If you have any questions, or if you need additional information, contact Eva Wynn, Assistant Planner, by phone at (805) 781-7172 or by email at ewynn@slocity.org. Sincerely, Rachel Cohen, AICP Principal Planner Community Development