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HomeMy WebLinkAbout01-08-2014 PC MinutesSAN LUIS OBISPO PLANNING COMMISSION MINUTES January 8, 2014 CALL TO ORDER /PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners John Fowler, Ronald Malak, Michael Multari, William Riggs, Charles Stevenson, Vice - Chairperson John Larson, and Chairperson Michael Draze Absent: None Staff: Deputy Community Development Directors Doug Davidson and Kim Murry, Assistant City Attorney Andrea Visveshwara, and Recording Secretary Januar Saptono ACCEPTANCE OF THE AGENDA: The order of the agenda was changed, and the agenda forecast was presented after the minutes. MINUTES: Minutes of December 11, 2013, were approved as amended. Minutes of December 12, 2013, were approved as amended. Minutes of December 16, 2013, were approved as amended. PUBLIC COMMENTS ON NON - AGENDA ITEMS: There were no comments made from the public. PUBLIC HEARINGS: 1060 Osos Street. A 185 -13: Request to modify the existing non - alcoholic Night Club Use Permit to allow alcohol and consider granting a PCN (Public Convenience Necessity) for a new liquor license (beer and wine) in the downtown including a statutory exemption under CEQA; C -D -H zone; Ryan Bendicto, applicant. (Doug Davidson) Doug Davidson, Deputy Director, presented the staff report, recommending the denial of the use permit on 1060 Osos Street, formerly known as Eye Candy, based on the findings. Commr. Stevenson asked, if this were a restaurant, could they apply for a liquor license, are there any uses similar around the city, and is there any precedent if the Commissioners decided to approve a limited use at this facility. Deputy Director Davidson stated that, if the restaurant would like to serve alcohol past 11:00 p.m., then it would require a use permit. Commr. Stevenson also added that Planning Commission Minutes January 8, 2014 Page 2 there is no place around the city for private rental facilities and, as long as the applicant defined limited uses clearly, it could work. Commr. Multari questioned the different type of alcoholic licenses. Deputy Director Davidson stated that the bar licenses are Types 40, 42, and 48. Commr. Fowler questioned how staff came up with the number of licenses. Deputy Director Davidson clarified that the number is from within the downtown census tract. Commr. Larson questioned staff regarding the difference between alcohol license numbers 41 and 47. Deputy Director Davidson stated license 41 is for beer and wine only and 47 is general restaurant and not limited to beer and wine. PUBLIC COMMENTS: Anthony Ryan Benedicto, San Luis Obispo, presented a case to the Commissioners on why they should allow the use permit on 1060 Osos Street. Commr. Multari asked why there is a need to serve alcohol past 11:00 p.m. at special events such as weddings. Mr. Benedicto stated that his place would also serve as a venue for large birthday parties which could run late. He was also asked about what happens when the place is not rented out for special events. He answered that the place would be a dance club that would serve alcohol when no events were being held. Commr. Malak asked if the applicant would serve alcohol at 8 a.m. Mr. Benedicto stated that, if the place were not rented for a special event, 9 p.m. would be the absolute earliest that the place would be open for a dance club. Commr. Malak then asked, if the place is rented out, is it going to be open to the public. Mr. Benedicto stated that it would depend on the renter as to whether they wanted to open or close their private event. Commr. Malak asked if the applicant also needed a spirits license. The applicant answered, if the renter wanted spirits, he would apply for such a license. Other than that, he would only serve beer and wine from 9 p.m. to 2 a.m. Commr. Stevenson asked if the non - alcoholic dance club is still running. Mr. Benedicto stated that the non - alcoholic night club was not open at this time. Draft Planning Commission Minutes January 8, 2014 Page 3 Commr. Fowler asked the applicant why the downtown is important for this venue location. Mr. Benedicto stated he believes that Downtown is the entertainment epicenter of the community. Commr. Malak questioned the applicant regarding parking and drop -off area. Mr. Benedicto stated that it would follow the parking regulations on his non - alcoholic club use permit. Commr. Stevenson asked what the maximum occupancy of the establishment was. Mr. Benedicto stated that it would hold 360 people maximum which is the number allowed by the Fire Marshall. Eric Meyer, San Luis Obispo, supported the staff findings and recommendation. There were no further comments made from the public. COMMISSION COMMENTS: Commr. Stevenson supported the idea of a rental venue but was concerned about the number of alcoholic licenses in the area. Commr. Multari agreed with the applicant about possibly a need for special events downtown but was concerned with what is, in essence, another bar. Commr. Riggs asked staff if there is a way to limit the bar uses while still allowing the event rental uses. Deputy Director Davidson stated that staff wasn't able to come up with a solution that would limit the bar uses; also, the floor plan is set up for night club uses with a bar. Chairperson Draze mentioned a place called The Forum which was a facility that was open for special events only. Unfortunately, the facility closed down, and he was worried that the same could happen to the same business model if implemented again in the downtown. He was also concerned that the establishment could turn into another bar. Commr. Malak asked staff if the applicant could have a special use permit to conduct a special event in the morning and alcohol -free event from 9 p.m. to 2 a.m. when the place is not being rented. Deputy Director Davidson believed that 12 -15 events a month is too many, particularly since the non - alcoholic club is not part of the plan any more. If the applicant wanted to do special events in the morning and non - alcoholic events at night, the problem would be how to limit the use given the existing floor plan that is designed for a night club. Commr. Fowler stated that this application as presented is a use permit for another bar and tavern, and we have enough bars in the downtown. Planning Commission Minutes January 8, 2014 Page 4 Commr. Riggs asked staff how they came up with the number 24 per year. Deputy Director Davidson stated that it is an ABC license provision for a maximum of 2 a month. Commr. Stevenson asked if there is any opportunity to propose a continuance to give time for the applicant to explore other options. Chairperson Draze stated that the Commission must clearly signal on what level they would be interested in seeing a private rental facility, and it would be a different permit. He also asked if this could be continued off calendar. Commr. Malak stated that he is willing to override the 24 events a year and believed that 24 a year are not too many. He also stated that having such an establishment downtown will be well worth it. Chairperson Draze stated that we can't override the number of 24 per year at this moment, because it was a decision and, if we were interested in changing from 24 a year, then the applicant must file a new application to request such a proposal. Commr. Multari stated that he is willing to issue a use permit that would limit the number of special events and limit the allowable hours of alcohol service. He asked the applicant if he is willing to explore the option or if he would just prefer an up or down vote. Mr. Benedicto stated that he would be willing to limit hours of alcohol service but not limited to just private special events. Vice - Chairperson Larson stated that he would be willing to go back to the possibility of changing the number of 24 events per year. He also agreed that downtown would benefit from having a place that would cater to such events. Chairperson Draze stated that, if the request was denied as it stands, then the applicant can re- apply. On the other hand, if continued to explore private events, then it would come back in several months. Doug Davidson stated that the Commission will have a full schedule for the next couple of months. Commr. Malak stated that, if the applicant was not interested in the option, then he would deny the application as it stands. Mr. Benedicto stated that, if the Commission could state some of the conditions that are acceptable, then he is willing to work with those conditions. Chairperson Draze stated that the conditions would be limited to 24 events per year with limited hours. Draft Planning Commission Minutes January 8, 2014 Page 5 Commr. Multari stated that he could possibly support a facility with up to 100 events as long as it is private and the hours limited. Mr. Benedicto asked the Commission if the renter can open his or her event to the public. Commr. Multari stated he could not support that situation. Commr. Malak asked the applicant if it would be fine to just having private events. Mr. Benedicto stated that the idea would not be viable if the renter could not open his or her event to the public. Commr. Riggs asked the applicant if he would ever exceed the number of capacity,. Mr. Benedicto stated that he would never exceed the allowable number of 360 people. Assistant City Attorney Visveshwara stated that staff did prepare a resolution in the packet and asked the Commission to review it for the findings. Commr. Multari suggested an additional finding that there are already 11 bars and pubs in the downtown. There were no further comments made from the Commission. On motion by Commr. Fowler, seconded by Commr. Multari, to deny the use permit in accordance with the recommended findings with the additional finding as suggested by Commr. Multari. AYES: Commrs. Fowler, Multari, Malak, Stevenson, Larson, and Draze NOES: Commr. Riggs RECUSED: None ABSENT: None The motion passed on a 6:1 vote. 2. City -Wide. GPI /ER 15 -12: General Plan Land Use and Circulation Elements Update: The City of San Luis Obispo (City) will prepare a Program Environmental Impact Report (EIR) for the City of San Luis Obispo Land Use and Circulation Elements Update. The link below provides a description of the background of the Land Use and Circulation Elements (LUCE) Update process and a description of the proposed project: http: / /www.slo2035.com /images /library /luce nop 2013 12 05.pdf. The Planning Commission hearing represents a public scoping meeting to present the project and the EIR process and to receive comments and suggestions regarding the scope and content of the EIR from community members. Planning Commission Minutes January 8, 2014 Page 6 Kim Murry, Deputy Director, presented a summary of the Land Use and Circulation Elements update as well as the EIR process and requested that the public and Commissioners provide comments regarding issues or topics that should be evaluated in the EIR. PUBLIC COMMENTS: Debbie Farwell, San Luis Obispo, was concerned regarding waterways not listed in the Notice of Preparation, including one that crosses in front of her property. She also expressed concerns about the reduced number of frogs in the creek. She asked that the EIR address noise impacts on residential areas from adjacent commercial uses especially noises from nearby restaurants. She noted that restaurant garbage has negative impacts to the creek and represents a hazards concern due to attraction for rodents and the homeless. She asked the EIR address the aesthetics of spillover security lighting from commercial uses on residential areas, and smells /odors generated from restaurants that are near to residential areas. She suggested that venting systems are of concern depending on how wind direction and orientation of vent transmits smells /odors. Steve Del Martini, San Luis Obispo, questioned how the Notice of Preparation estimated the total number of jobs created through build -out of the draft plan and asked about the future plan for the Pacific Beach site. He supported the interactive format of the Task Force meetings. There were no further comments made from the public. COMMISSION COMMENTS: Chairperson Draze stated that, if others would like to offer comments regarding the scope of the EIR, they can contact City staff or provide comments through the www.SLO2035.com website. Deputy Director Murry stated that she is hoping to receive comments regarding the scope of the EIR by January 20tH Vice - Chairperson Larson questioned what criteria would be used to define when traffic impacts will occur. He expressed interest due to changes in strict reliance on traditional Levels of Service criteria and the new policies contained in the draft Circulation Element that address Multi -Modal Levels of Service. Jeff Oliveira, Environmental Consultant working for the City, provided a response explaining the types of impacts reviewed, the information considered during the modeling process, and what types of output can be expected through the EIR process. Commr. Riggs asked what source the City would use to obtain trip - generation rates for the modeling process. He expressed that he did not want the City to use standard ITE rates for traffic modeling because he believes those rates do not consider smart growth Draft Planning Commission Minutes January 8, 2014 Page 7 factors and, therefore, over - estimate traffic which would lead to findings of significant impacts where none exist. There were no further comments made from the Commission. Staff thanked the attendees and the Commission for the input. COMMENT AND DISCUSSION: 3. Staff a. Agenda Forecast — Doug Davidson presented the agenda forecast for the upcoming meetings: 1) Next meeting, Wednesday, January 22, 2014 — Initiation of Specific Plan Amendments of the Orcutt area, specifically the property surrounding Righetti Hill. Staff asked the Commission about their position on site visits with the client. 2) February 12, 2014 — Housing Element update from Tyler Corey and Johnson Avenue School District project Draft EIR. 3) February 26, 2014 — Two tract map modifications in the Margarita area. 4. Commission a. Commissioners Draze, Multari, Stevenson, and Fowler respectfully declined the opportunity for the special site visit on Righetti Ranch. Assistant City Attorney Visveshwara advised Commissioners who do choose to attend a site visit with an applicant to receive the information and to keep comments to a minimum. Commissioners Malak, Riggs, and possibly Larson, expressed interest in a site visit if accompanied by City staff. b. Commr. Draze announced he will recuse himself for the February 26, 2014, meeting on the Chevron Tank Farm project and possibly the tract map in the Margarita area. Commr. Fowler asked staff if, during the Chevron project, would we be presented with public facilities finance information. Doug Davidson indicated that Phil Dunsmore, the project planner, would need to provide clarification. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. Respectfully submitted by, Januar Saptono Recording Secretary Approved by the Planning Commission on January 22, 2014. Cory Ryan Supervising Administrative Assistant