HomeMy WebLinkAbout09-15-2015 Item 16 - LopesRECEIVED
SEP 14 2015
From: James Lopes [ mailto:iameslopes @charter.net] i _ SL0 CITY CLERK
Sent: Sunday, September 13, 2015 4:53 PM COUNCIL
To: Bell, Kyle ITEM NO.*
Cc: E -mail Council Website
Subject: Missing Comments Brief in Agenda Packet for 1144 Chorro SOD Appeal
September 13, 2015
Kyle Bell, Project Planner
City of San Luis Obispo
Appeal of 1144 Chorro Street - Discovery San Luis Obispo
Hi Kyle,
MEETING: 6q "15'� 15
11,E _ -- ___
I sent a very detailed 48 -page document of comments on the Planning Commission (PC) decision for
1144 Chorro on August 31, 2015 to the City Council email address; I see it was only included on the
Agenda Correspondence webpage. This document is an integral part of our appeal. I assumed that you
received it and were going to respond, since it enumerated many points affecting a decision. Usually,
when an applicant or appellant presents more extensive information late for the staff report, I have
found that the staff write a memorandum in the time available to provide an analysis and response.
Without your input, I'm concerned that the Council will not have firm, or at least level ground on which
to make a decision on Tuesday. So, I'm asking if you received the attached document, and why it wasn't
conveyed in the Agenda packet to the Council. If you received it, why were no comments made about it
in the staff report or a subsequent memorandum?
I'm asking why the hearing should not be continued to give you and the Council adequate time to review
our comments. For instance we found over 10 General Plan policies other than LUE policy 4.3, which
were not referenced in PC Finding 1. They were not addressed in the staff report, and therefore they
were not made available to the Planning Commission, so that the commissioners may not have had
knowledge of more compelling policies than 4.3. We think that the City Council deserves a fairer shot at
determining consistency with the Plan before they are left to make a decision. Please let me know at
your earliest convenience how the department will proceed.
Best Regards,
Jamie Lopes
James Lopes
San Luis Obispo, CA 93401
Save Our Downtown
Seeking to protect and promote the historical character, design,
livability and economic success of downtown San Luis Obispo.
August 31, 2015
City Council
City of San Luis Obispo
990 Palm Street, California 93401
Re: Appeal of Planning Commission approval of 1144 Chorro Street (ARCH- 1376 -2015; USE - 1127 -2015)
Dear Mayor Marx and Council Members:
The appeal by Save Our Downtown of the Planning Commission approval of the 1144 Chorro project is
scheduled to be heard on September 15, 2015.
We have reviewed the Findings and the Conditions of Approval for the above - referenced project. We are
enclosing the Final Planning Commission Resolution and Conditions of Approval, as provided by staff, with
our comments shown in bold (note isolated comment on Condition 26).
Please consider these comments as specific rebuttals to the Decision which was made by the Planning
Commission. We hope that staff will be allowed to provide a fair and flexible analysis which is neutral to
that Decision and renders an impartial recommendation, which we support in favor of denying or reducing
the scale and intensity of the project.
Also attached, we have provided you with the floor plans with the specific locations of the three bars and
two lounges associated with the club /theater, and the two bars and four lounges scattered within the
dining and game areas, the roll -up door, and the window openings which are chief concerns.
Sincerely,
Appellants for Save Our Downtown:
s/
James Lopes
s/
Sandra Lakeman
Attachment:
SOD Comments on Floorplans —1144 Chorro — Pemberton project
C: Save Our Downtown
News Media
Planning Commission Resolution No. PC- XXXX -15
USE -1127 -2015 (1144 Chorro Street)
Page 1
RESOLUTION NO. PC- XXXX -15
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
REVIEW OF A USE PERMIT TO ESTABLISH A NEW BOWLING ALLEY,
NIGHTCLUB USE, AND RESTAURANT WITH LATE -HOUR ALCOHOL SERVICES
IN THE HISTORIC DOWNTOWN COMMERCIAL ZONE, WITH A CATEGORICAL
EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE
STAFF REPORT AND ATTACHMENTS DATED JULY 22, 2015
(1144 CHORRO STREET, USE - 1127 -2015)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
July 22, 2015, for the purpose of considering application USE -1127 -2015; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the following
findings:
As conditioned, the use will not harm the general health, safety, and welfare of people
living or working in the vicinity because conditions on the Use Permit approval will
minimize noise impacts as well as impacts to police resources and the community.
SAVE OUR DOWNTOWN COMM_ ENTS_(in bold Arial throughout):
More bars and alcohol outlets will harm the general health, safety, and welfare of
people living or working in (and /or visiting) the vicinity.
a. Bar related crimes in the Downtown District are going up. Most recently a June
6, 2015 Tribune article titled "Reports of Rape, Assaults in SLO for 2014 Were
Highest In the Last Decade" reported the following: "Recently released statistics
(see below) reveal that San Luis Obispo city police received more reports of rape
in 2014 than any year in a decade, and almost three times the rate for cities of
similar size." In 2014, there were 44 reported rapes and 168 aggravated
assaults. Since 2010, the number of assaults more than doubled.
b. Recently, the Alcohol and Beverage Control identified an "undue concentration"
of alcohol outlets (63 in all) or which 11 were bars.
Planning Commission Resolution No. PC- XXXX -15
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c. The Center for Disease Control (CDC) has determined that there is a direct
correlation between increasing crime and the increasing concentration of
alcohol outlets.
d. Try googling "Neighborhood Scout" on your browser and you will discover that
91 per cent of all cities in the U.S. are safer than San Luis Obispo. With a
national median of 39.3 crimes per square mile per annum, San Luis Obispo has
173 crimes per square mile per annum.
e. In a study of various California counties, a 10% increase in numbers of liquor
stores and bars correlated with 1.67% and 2.06% increases in violence rates.
Every six outlets accounted for one additional assault that resulted in at least
one overnight hospital stay. Researchers estimated that, on average, eliminating
one bar per zip code in California would reduce the number of assaults requiring
overnight hospitalization by 290 per year in the state.
Crime has increased as the number of bars and restaurant/bars has increased in
downtown. The health, safety and welfare of residents and visitors will be
threatened or impacted by crime which is engaged in by patrons upon arriving,
occupying or leaving the use. Crime is a component of the presence and number
of alcohol outlets in downtown. Crime may be petty graffiti or other vandalism, or it
may be assault and battery on innocent people. It may be assault within fights
which emanate from the use and go outside.
The importance of this issue to the citizens of San Luis Obispo is
reconfirmed by the results of two recent polls. A 2011 Fairbank, Maslin, Maullin,
Metz & Associates public opinion poll found that 60% of residents consider
"alcohol- related crimes and problems "very serious" or "somewhat serious ". In
2012, a utility bill survey found that 59% of the 2,200 respondents sought fewer
bars in Downtown SLO.
The health and welfare of residents who live and circulate near the use will be
impacted and eroded by continuous and sudden noises from crowds of loud
people, interior operational noise and amplified recorded and live noise. Particular
sensitivity to the uses' noise will occur at the Wineman Hotel, which is a large -scale
apartment building within one -half block of the use. The Wineman does not have
contemporary windows, which were not provided when it was converted to
residences. The single -pane, double -hung windows do not shield noise effectively,
and they must be opened for ventilation in and out of apartments. Residents are
exposed to exterior noise at all times, day and night. The development of future
residential units in the vicinity will be suppressed by the noisy presence of the use,
or made difficult structurally and compromise livability.
1. Conditions no. 5 and 6 rely on diligent self- enforcement and reporting to the
City staff to maintain consistency with general noise guidelines in the Zoning
Ordinance. This approach does not provide a reliable mitigation, as it may
result in inconsistent monitoring by the City as well as the applicant. It will
rely on complaints which people must take the time and courage to file.
2. The structural overhangs on Chorro Street (mentioned in the staff report as
noise mitigation) will simply focus interior noise out and up across the street
to echo off building walls.
3. Closure of the outdoor seating area doors at 10 p.m. will be too late for
effective evening noise mitigation; most residents wish to have quiet hours
during the evening, which needed to be addressed, with earlier closure times
such as 7 or 8 p.m. for club openings at least.
Planning Commission Resolution No. PC- XXXX -15
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4. Noise from club or theater events may impact residents and pedestrians
during afternoons and evenings. The Conditions do not have any restriction
on the time of any club or theater event. Events may occur at any time
before the closure requirement, with no restrictions on open club entry
doors, an open interior roll -up door to the club, and open restaurant/lounge
doors before 10 p.m.
The health and welfare of residents and visitors who are pedestrians in the
vicinity of the use will be unacceptably reduced or impacted by the interior noise
and crowding of the sidewalks. Recorded and live music and announcements
will emanate from the interior to the sidewalk, interrupting and perhaps
downgrading and deteriorating the experience of walking by the use. The
queuing of patrons will take up half or more of the sidewalk, which will
deteriorate the open ambiance of walking on these narrow sidewalks, which
already are often crowded by pedestrians.
The health, safety and welfare of residents and visitors will be reduced and
deteriorated by the rowdy, loud and obnoxious behavior of a number of patrons
of the use. A percentage of patrons will engage in childish and rowdy behavior
upon arriving, occupying and leaving the use. This may be a minority of
patrons, but in the context of multiple bars, lounges and the club, other
impressionable patrons may have the incentive to follow their lead and engage
in such behavior.
2. The proposed project is consistent with the General Plan, which designates the project site
as Downtown Commercial (C -D). The City General Plan Land Use Element Policy 4.3,
Entertainment and Cultural Facilities, states that "...Entertainment facilities, such as
nightclubs [Bars /Taverns] and theaters, shall be in the downtown..."
As determined by Alcoholic Beverage Control, our Downtown Core - Census Tract
111.01 - has an "undue concentration" of alcohol outlets (63 in all) and bars (11 in
all). Both City staff and the Planning Commission provided the following finding for
denial on a similar project: That approval of more bars Downtown would be
inconsistent with the General Plan, Zoning Regulations and applicable City policy.
1. When SLO City staff and the SLO Planning Commission denied, in January 8,
2014, a bar /tavern /nightclub use permit at 1060 Osos Street (formerly called "Eye
Candy" and with a proposed maximum occupancy of 360), staff's rationale was
as follows: "A new bar /tavern, the 64th license downtown compounds the state of
over concentration and thwarts the City's recent progress in controlling the
downtown alcohol environment."
2. The Planning Commission based their 1060 Osos Street findings on
inconsistency with the General Plan, Zoning Regulations and applicable City
policy.
3. During this review, Commissioners Multari, Draze, Fowler and Stevenson worried
about the number of alcohol licenses downtown. Commissioner Multari
incorporated an additional finding for denial in that there are already 11 bars and
pubs located in the Downtown.
Planning Commission Resolution No. PC- XXXX -15
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4. Finally, Deputy Director Davidson informed the Commission that the ABC had
imposed a provision of a maximum of 2 nightclub events per month and
Commissioner Multari supported this limitation.
The Decision, by Staff and Planning Commission, ignored or did not address and
attend to the following Land Use Element policies that affect the size, design, and
uses of the project:
"3.2.1. Locations for Regional Attractions
The City should focus its retailing with regional draw in the locations of downtown,... "
"3.2.2. Specialty Store Locations
The City shall direct most specialty retail stores to locate in the Downtown Core,..."
"4.1. Downtown's Role
Downtown is the community's urban center serving as the cultural, social, entertainment, and political
center of the City for its residents, as well as home for those who live in its historic neighborhoods. The
City wants its urban core to be economically healthy, and realizes that private and public investments
in the Downtown support each other. Downtown should also provide a wide variety of professional
and government services, serving the region as well as the city. The commercial core is a preferred
location for retail uses that are suitable for pedestrian access, off -site parking, and compact building
spaces. Civic, cultural and commercial portions of Downtown should be a major tourist destination.
Downtown's visitor appeal should be based on natural, historical, and cultural features, retail services,
entertainment and numerous and varied visitor accommodations. (emphasis added)"
"4.2. Downtown Residential
Downtown is not only commercial district, but also a neighborhood. Its residential uses contribute to
the character of the area, allow a 24 -hour presence which enhances security and help the balance
between jobs and housing in the community. emphasis added)"
"4.2.1. Existing and New Dwellings
The City shall use the following when evaluating development in the Downtown area:
A. Existing residential uses within and around the commercial core should be protected, and new ones
should be developed.
B. Dwellings should be provided for a variety of households.
C. Dwellings should be interspersed with commercial uses.
D. All new, lame commercial proiects should include residential uses..."
The Decision did not address and implement the above Plan policies, that the
Downtown is a "preferred location for retail uses;" that Downtown is "not only a
commercial district, but also a neighborhood" where "existing residential uses
within and around the commercial core should be protected." The Conditions of
Approval are clearly not adequate "mitigation measures" to minimize the project's
social, economic and livability impacts in the vicinity.
"4.7. Street -Level Diversity
City shall promote a healthy mix of downtown street -level businesses that emphasizes retail stores,
specialty shops and food service rather than bars or taverns. (emphasis added)"
The Decision did not seek to minimize the scale of the project along essentially a
half block, and the number of bar /tavern uses within the project, and in doing so did
Planning Commission Resolution No. PC- XXXX -15
USE - 1127 -2015 (1144 Chorro Street)
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not address this important policy: "The City shall promote a healthy mix of
downtown street -level businesses that emphasizes retail stores, specialty shops
and food service rather than bars or taverns." This policy clearly states that the
scale of bars and taverns at the street level should be minimized in favor of larger
scale retail and specialty shops and food services.
"4.8. Downtown as Focal Point
The Downtown should remain the focus for nighttime entertainment, cultural events and related
activities. It should be a pleasant and safe place at all times. (emphasis added)"
The Decision did not address the physical size, scale and intensity and the number
of bars, lounges, club size, and their design and operation through open doors and
windows, in regard to making Downtown "a pleasant and safe place at all times."
a. Recorded music and live club music will be transmitted to the street and
neighborhood all day and evening until 10 p.m. through open doors and
windows.
b. No restriction was placed on the closing of the club doors, at the entry or the
interior roll -up door.
c. A bar lounge area was allowed to be located at the sidewalk in a 24 -foot long
opening.
A queuing line area on the public sidewalk was allowed to replace the public travel
way although several mitigation measures were adopted which were admittedly
questionable and subject to operational review, even with a possible requirement to
construct additional sidewalk width.
"4.18. Noise
Obtrusive sounds, including traffic noises and loud music, should be minimized. Desired activities which
are noisy should be timed to avoid conflict with other desired activities which need a quiet setting.
(emphasis added)"
The Decision did not minimize noise in the Physical size and desi_an of the project
but instead relied on operational (people) activity to control the volume and
duration of noise. They did not interpret LUE policy 4.18 -Noise correctly, that is, to
minimize noise would mean to keep noise to levels that allow more sensitive
residential and families' pedestrian travel to occur unintruded. Instead, they allowed
interior noise to emanate outside and only be subject to "reasonable efforts" by the
applicant's staff, and on public complaints to the Police Department. In doing so,
they did not adequately address the timing of potential noisy behavior and music,
etc. by requiring only that doors be closed by 10 p.m. This limitation did not
address the common practice of loud recorded music, public address
announcements and loud live club music and chatter during all other hours.
"4.20.3. Continuous Storefront
There should be a continuous storefront along sidewalks, at the back of the sidewalk, except for the
Courthouse and City Hall blocks, plazas, recessed building entries, and sidewalk cafes. (emphasis
added)"
The Decision did not control the size and design of the project to be a use which
has a continuous storefront along the sidewalks.
"4.23. Safety and Crime Prevention through Environmental Design
The City shall ensure that new development is designed and constructed to address public safety and
Planning Commission Resolution No. PC- XXXX -15
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welfare. (emphasis added)"
The Decision did not ensure that the project is designed and constructed to address
public safety and welfare. Instead, they relied on operations and people to manage
the behavior and noise of staff and patrons within and outside the project.
"4.32. Use Permit Requirements
The City shall incorporate into its zoning regulations specific criteria for evaluating use permits for
bars taverns night clubs and late night drinking establishments. (emphasis added)"
The Decision did not reflect on and determine whether the timing of the project will
undermine or detract from the Plan's program policy 4.32. Use Permit Requirements to
adopt (incorporate) specific criteria for evaluating barsitaverns, night clubs and
drinking establishments.
"4.29. Coordination on Late Night Environment
The City shall work with the Downtown businesses and residents, the BID, and Chamber of Commerce to
manage impacts from downtown drinking establishments, and if necessary, enact additional regulations
to ensure that the late night environment in and near Downtown is safe and pleasant. (emphasis
added)"
The Decision did not address or discuss whether these called -for additional
regulations should be considered thoroughly and adopted before approving the
project.
As conditioned, the project is consistent with the 2012 Alcohol Outlet Amendment to
restrict morphing of restaurants into bars, and reduce public safety problems associated
with alcohol in the downtown.
Rebuttal:
This finding only addresses the one restaurant that can morph into a bar (bar license
47). However, this finding does not address the public safety problems associated
with the five additional bars or lounges oriented to the concert venue ((bar licenses
40, 42 and 48).
The staff and Planning Commission required only that food be offered for sale while
alcohol will be served until 12 midnight. The decision allowed two bars and four
lounges (including a karaoke room) to accompany this food service in a
constellation which was not made in the spirit of the 2012 amendment. The three
bars and two lounges associated with the proposed club were not limited by the
Decision. The recognition of the entire restaurant as a bar (there are no restrictions
requiring food with drinks at dining tables) will not reduce public safety problems
associated with alcohol downtown; it will increase these problems.
This increase in the number of bars (with or without food) will deteriorate bordering
land uses and create special problems for the area. San Luis Obispo downtown
already has an over - concentration of bars, with or without restaurants. The addition
of this high - volume alcohol use within this over - concentrated area is grounds for
denying or reducing the scale of the project dramatically.
4. The proposed project is consistent with General Plan policy to locate, at the street level,
Planning Commission Resolution No. PC- XXXX -15
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restaurants, stores, and other uses benefiting from and contributing to pedestrian traffic
(LUE 4.20.1).
The Decision disregarded an equally important Land Use Element policy:
"4.7. Street -Level Diversity
The City shall promote a healthy mix of downtown street -level businesses that emphasizes retail stores,
specialty shops and food service rather than bars ortaverns. (emphasis added)"
The project is not consistent with the policy due to its length of almost a block of
frontage, which will dominate the pedestrian experience along Chorro and Marsh
Streets, contrary to having a "healthy mix of street -level businesses" other than bars
and taverns. This policy means that to achieve this mix, smaller scale frontages than
the project should be built or redeveloped, which are shorter in sidewalk length. The
project was not required to reduce its size and length to include other conforming
uses to be consistent with this policy.
As conditioned, the proposed use is compatible with the project site and with existing and
potential uses in the vicinity which include retail shops, restaurants, and bars. Conditions
of approval have been adopted to minimize potential disturbances to neighboring
properties.
As stated elsewhere, the project is not compatible with the mixed -use residential
character of the block and potential other residential uses in the vicinity (which it
will dampen). It is too large and long along its site and frontage to comply with the
above LUE policies. It was not regulated adequately to even control loud patrons,
amplified and live noise from the bars, lounges, club and recreation areas during
hours before 10 and 11 p.m.
This project is not compatible with existing uses in the vicinity:
a. On July 22, 2015 the Planning Commission approved a use permit for a
restaurant, five bars and six scattered lounges, a 393 - person dance club /theater
and a 13 -lane bowling alley, and a pool table "gaming" area at 1144 Chorro Street
immediately adacent to the Wineman Hotel residential block.
b. Even by Alcoholic Beverage Control's somewhat lax standards, this project is not
compatible with its neighborhood.
c. Noise generated by the 174 foot long patron queue will undoubtedly disturb
residents of the Wineman Hotel, particularly late at night. The noise analysis only
addresses noise generated by patrons awaiting entrance but does not address
noise generated by subsequently inebriated patrons exiting the entrance later at
night. And finally, the noise emitted by patrons entering the facility (57 -60 dBA) is
compared with traffic noise along Chorro and Marsh (68 dBA) but this analysis
does not take into consideration the significantly lower decibel range emitted by
traffic late at night when inebriated patrons are exiting the facility. Finally, it is
highly speculative whether an overhang can deflect noise downward.
6. Since the project generates over 100 peak hour trips, the transportation division required a
traffic analysis. The traffic analysis concluded that the project will not create significant
transportation impacts, however, project conditions are recommended in order to
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Page 8
implement the City Circulation Element policies and programs for Multimodal Circulation
(CE 6).
Section 2. Environmental Review. The project is categorically exempt under Class 32, In-
Fill Development Projects; Section 15332 of the CEQA Guidelines, because the project is
consistent with General Plan policies for the land use designation and is consistent with the
applicable zoning designation and regulations. The project site occurs on a property of no more
than five acres substantially surrounded by urban uses that has no value as habitat for
endangered, rare or threatened species as the site is located on an existing developed property.
The approval of the project would not result in any significant effects relating to;
• traffic because the project does not propose any parking on the site and utilizes
existing parking structures and multimodal transportation within the downtown;
• noise levels do not exceed thresholds established in the City's Noise Ordinance;
• air quality does not exceed thresholds established by APCD Standards;
• water quality because the site is an adaptive reuse of a commercial building and the
site can be adequately served by all required utilities and public services.
Section 3. Action. The Planning Commission does hereby approve Use Permit USE -
1127 -2015 subject to the following conditions:
Planning Division
1. A building plan check submittal that is in full conformance with submitted project plans
and project description, security plan, and incorporating the following conditions of
approval, shall be submitted for review and approval of the Community Development
Director. 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 applicant shall pay Parking In -Lieu Fees and record a Parking In -Lieu Fee Agreement
prior to issuance of a building permit or with the approval of the Director prior to
occupancy. Preliminary estimates indicate that the project will be subject to in -lieu fees for
16 parking spaces.
Save Our Downtown recognizes the importance of tabulating the number of garage
parking spaces that have been allocated to downtown uses. The staff and Planning
Commission did not evaluate whether the additional allocation of 16 spaces will
exceed the current allocations in relation to the garage capacity. The project may
actually be paying for parking spaces in another garage, the planned Palm /Nipomo,
which is at the far end of downtown. Experts in pedestrian travel recognize that the
distance between that garage and the project would discourage its use — it is too far
away for most pedestrians using the project.
The decision to approve the project did not compare the number of 100 peak hour
trips with the recommendation to only require 16 parking spaces or in -lieu fees. It
appears that many more trips (50 to the site) will occur at peak hours. No
explanation was found for this apparent discrepancy.
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3. Hours of operation for the proposed use shall not be outside the hours from 10:00 a.m. to
12:00 a.m. (midnight), daily.
a. The outdoor patio seating area shall be closed to patrons no later than 11:00 p.m.,
nightly.
This condition actually is meant to close patio service to additional patrons after 11
p.m. It allows full use of the outdoor patio areas by existing patrons already seated
before 11 p.m. to midnight. Outdoor use of the patio should conclude with the
closure time of the windows and doors, which we recommend be 7 or 8 p.m..
4. Full food service shall be available at all times alcohol is served. The restaurant shall have
full meals and restaurant service available during all hours of operation, consistent with the
approved hours of operation for each level of the proposed use.
This condition is an accommodation of late bar service within the large restaurant
area, and thereby allows an additional large -scale bar outlet in downtown, under
cover of available food service. The condition is not a realistic response to the
"morphing" of restaurants into bars, which was supposed to be addressed through
a restriction on late hours for alcohol - serving restaurants, but was not. It does not
require patrons to order food with their drinks, or that any seat is a food -only seat.
The condition is not the outcome which was intended by the policy to solve the
problem.
The applicant shall make reasonable 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 10:00 p.m., nightly.
This condition is too light a regulation of operations: it allows the applicant's staff
to make "reasonable efforts" to ensure that all windows and doors are closed by 10
p.m. The effective result will be some part-time staff may or may not have time or
pay attention to this task, among other needs "to minimize the potential for adverse
noise and crowd impacts." The condition is an attempt to "shoe- horn" the project
into downtown without properly controlling its size and design, as called for in the
Land Use Element. If anything, the condition should simply read: "The applicant
shall minimize noise and crowd impacts..."
The timing of the desired closure is too late to implement Land Use Element
policies effectively. Many rock and other club performances will start before 10
p.m. Crowd and amplified noise within the project will also intrude on the street and
neighborhood much earlier (witness other bars with open windows downtown).
The condition should also require that the roll -up doors be closed during any
club /theater performance. Apparently the door is justified by the applicant only to
carry large items into the club. It will allow noise to transmit outside if left open
during performances.
The condition should also require that the club /theater entry doors be closed before
and during any performance, and opened only to allow individual patrons entry or
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exit. There is no requirement that these entry doors be closed.
6. 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. The security plan shall include a plan to determine compliance with the City
Noise Ordinance during and at the conclusion of a musical event, to the satisfaction of the
Community Development Department and Police Department.
7. 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 that is to be provided to all staff.
8. 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).
9. The maximum occupant load for the basement area shall not exceed 92 persons.
10. Prior to release of occupancy, as a supplement to the security plan, 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.
a. The security plan shall include a detailed explanation of how maximum occupant
load limits will be maintained.
b. The security plan shall include a detailed explanation of how concert patrons will
exit the building to Chorro Street at the conclusion of a musical event.
11. 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.
12. All employees shall attend ABC LEAD Training or equivalent training.
13. The applicant shall be responsible for on -going security /safety training to accommodate
changes in personnel.
14. The site shall be maintained in a neat and orderly manner at all times. The applicant shall
also be responsible for daily cleanup /maintenance of the areas of patron queuing and the
adjacent public right -of -way.
15. The applicant shall manage /patrol outdoor crowds and queuing as a result of this use. An
orderly line of patrons awaiting entry that does not block public access on, or use of, the
sidewalk or street shall be maintained. Breaks in the queuing line will be required where
street trees are located along Marsh Street in order to maintain adequate sidewalk width.
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The patron queue shall be from the Chorro Street main entrance, northerly on the subject
property, and adjacent to the existing building (the area shown as "queuing line" on the
project plans). This queue shall not block egress from the restaurant or the patio seating
area exit.
a. The security plan shall include a detailed explanation of how the queuing line will
function where breaks are required. Officers shall be posted to ensure entrances
and exits are clear for access and adequate clearance is maintained where
sidewalk furniture, street trees, or other obstructions are located, to the
satisfaction of the Community Development Director.
b. If the queuing proves to be ineffective in managing the lines, action shall be taken
to improve the line queuing. Actions may include but are not limited to utilizing
the outdoor lounge area and outdoor dining areas for queuing or widening the
sidewalk to provide higher levels of pedestrian service along Marsh Street, to the
satisfaction of the Community Development Director.
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
( §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 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. Tables and chairs, and the general floor plan layout shall remain consistent with approved
plans and may not be removed or modified for special events unless approved by the
Director in advance or if approved by separate permit.
20. This Use Permit shall be reviewed at a Planning Commission 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 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,
conditions of approval may be added, deleted, modified, or the Use Permit may be revoked.
21. Upon a significant change to the business as identified in the applicant's project
description, final security plan, and Staff Report dated July 22, 2015 the Use Permit shall
be reviewed by the Community Development Director for compliance with conditions of
Planning Commission Resolution No. PC- XXXX -15
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approval, or to determine whether a modification of the Use Permit is necessary.
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."
Engineering Division
23. Projects involving the substantial remodel of existing structures requires that complete
frontage improvements be installed or that existing improvements be upgraded per city
standard. MC 12.16.050
24. This property is located in the Mission Style Sidewalk District. Any section of damage or
displaced sidewalk, curb, gutter, or driveway approach shall be repaired and replaced in the
Mission Style. Any proposed new or removed tree wells shall be in compliance with the
mission style sidewalk district.
25. The building plan submittal shall show all existing and proposed work within the public
right -of -way. The building plan submittal shall show and note the required floor level at all
existing and new doorways /landings per ADA and California Building Code requirements.
The plans shall include a detailed topographic survey to show the finish floor elevations
and adjoining sidewalk elevations. The City is in support of the potential use of the public
sidewalk to help provide the required level landings. The curb height could be raised to
help elevate the sidewalk to better match the building FF elevations.
26. The applicant shall manage /patrol outdoor crowds and queuing as a result of this use. An
orderly line of patrons awaiting entry that does not block public access on, or use of, the
sidewalk or street shall be maintained. The primary queuing area shall be from the Chorro
Street entrance /ticket counter south - easterly down Chorro Street and northerly along Marsh
Street. Unless otherwise approved to the satisfaction Community Development Director,
the queuing line shall generally be located within the private property and not within the
public right -of -way /public sidewalk areas. The on -site queue line and delineation shall be
subject to any accessibility provisions of the California Building Code and ADA
requirements. If approved for location within the public sidewalk, queuing shall be located
against the building facades and away from the curb line and adjoining travel lane. The
queue delineation shall generally maintain a 6' of remaining clear area for public pedestrian
passage. This required clear area may be reduced to not less than 4' where sidewalk
furniture, trees, or other obstructions will not reasonably allow for a 6' clear path. The
queue shall not block any entry /exit of operating businesses and shall have the appropriate
gaps to allow pedestrians to circulate across the line unobstructed.
Save Our Downtown recommends that an internal queuing area be provided instead
of other uses within the project. The remainder area of 6 feet for pedestrians is not
Planning Commission Resolution No. PC- XXXX -15
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acceptable for a pleasant downtown experience at this high - volume corner. It will
actually make pedestrian travel uncomfortable for pedestrians. Within a high -
volume sidewalk, an 11 -foot is recommended by experts for adequate two -way
travel. Since most downtown sidewalks are less than this width, the discomfort and
awkward movements which are necessary to pass others by is apparent. A six -foot
width will be inexcusable in this location; a four -foot width will be intolerable along
a crowd waiting to enter the club.
27. Improvements located within the public right -of -way or easement areas shall be shown on
the building plan submittal for reference. A separate encroachment permit will be required
from the Public Works Department for any work or construction staging located within the
public right -of -way or public easement areas.
28. The building plan submittal shall show improvements or upgrades to the existing street tree
wells to improve pedestrian circulation around the street trees. Options to improve the tree
wells include but are not limited to backfilling the tree well with decomposed granite or
another approved material, or installing a tree well grate.
29. 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.
30. The building plan submittal shall show all required short-term and long -term bicycle
parking per M.C. Section 17.16, Table 6.5, and in accordance with standards contained in
the 2013 Bicycle Transportation Plan, 2010 Community Design Guidelines, and any
project specific conditions to the satisfaction of the Community Development Director.
Include details and detail references on the plans for the proposed bicycle parking facilities
and/or racks. The building plans shall provide a detailed site plan of any racks. Show all
dimensions and clearances to obstructions per city standard. The project summary shall
include the required and proposed bicycle parking accordingly:
a. Short-term bicycle racks of the inverted "U" design or "Peak Racks" shall be
installed in close proximity to, and visible from the main entry into the building.
Dimension the minimum clearances between racks shall be per city
standards /adopted guidelines.
b. Long -term bicycle parking may consist of lockers installed either within or
outside the building. As an alternative, a lockable room within the building(s)
labeled and reserved for bicycle storage may substitute for bicycle lockers.
Provide details and specs for bicycle lockers to the satisfaction of the Planning
Division.
31. 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. Ownership boundaries and/or easements
shall be considered in the final design. Any common storage areas shall be maintained by a
Property Owner's Association or other property maintenance agreement. The applicant shall
Planning Commission Resolution No. PC- XXXX -15
USE -1127 -2015 (1144 Chorro Street)
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provide a copy of any existing, amended, or new agreement regarding solid waste management
within the off -site alley /containment area.
32. This property is located within a designated flood zone as shown on the Flood Insurance
Rate Map (FIRM) for the City of San Luis Obispo. As such, any new or substantially
remodeled structures shall comply with all Federal Emergency Management Agency
(FEMA) requirements and the city's Floodplain Management Regulations per Municipal
Code Chapter 17.84.
33. This property is located in an AO (2' depth) Flood Zone; the water surface or base flood
elevation (BFE) of a 100 -yr storm is 2' above adjacent grade. If considered a substantial
remodel upon building plan submittal, then the structure must floodproofed to an elevation
that is at least one foot above the BFE or 3' above the highest adjacent grade. Additional
freeboard to 2' above the BFE may result in additional structure protection and savings on
flood insurance and is strongly encouraged. This project appears to meet the FEMA
definitions of a substantial remodel.
34. The building plan submittal shall show all existing and proposed floodproofing, floodgate
storage areas, utility protections, etc. The building plan submittal shall include a reduced
floor plan showing and noting the location and type of floodgates and the labeled floodgate
storage area/room. The plan will be forwarded to the Fire Department for inclusion in their
records for recurring fire inspections.
35. The building plan submittal shall show the required street trees. Street trees are required at
a rate of one 15- gallon street tree for each 35 linear feet of frontage. The City Arborist shall
approve the tree species and planting requirements. Street tree plantings shall comply with
City Engineering Standards for this Downtown location.
36. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The
City Arborist shall review and approve the proposed tree protection measures prior to
commencing with any demolition, grading, or construction. The City Arborist shall
approve any safety pruning, the cutting of substantial roots, or grading within the dripline
of trees. A city- approved arborist shall complete safety pruning. Any required tree
protection measures shall be shown or noted on the building plans.
Building Department
37. The following information is required for all Commercial Developments or
Redevelopments:
a. Use and Occupancy Classifications, CBC Chapter 3
b. Building Areas, CBC Chapter 5
c. Type of Construction, CBC Chapter 6
d. Means of Egress, Chapter 10
e. Accessibility, Chapter 11 B
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38. All applications for assembly occupancies are required to be prepared under the direct
supervision of a Licensed Design Professional. Plans are required to be stamped signed by
the Responsible Design Professional.
39. Provide required Special Use and Occupancy provisions for the Stage, CBC 410. No fewer
than one exit shall be provided on each side of the stage. CBC 410.6 and 1015.1
Mezzanines shall comply with CBC Section 505.2.
40. Patio Dining Areas shall egress directly to the public way sidewalk, not reentering the
building, CBC 1020.1. Gates shall swing in the direction of egress, not onto the sidewalk
and shall be accessible.
41. Provide at least one accessible route to the Stage from the Green Room and to the VIP
seating on the second floor. CBC 11 B- 206.2.4
The applicant shall, to the satisfaction of the Community Development Director and City
Attorney, provide legally recorded documentation that the applicant has the right to use the
property outlined in the proposed egress system serving the Event Space and Basement
Assembly.
Transportation Department
42. Prior to issuance of building permit the applicant shall complete the measures identified in
the final transportation study, to the approval of the Public Works Director. These measures
may include, but are not limited to;
a. Relocate of event queuing area out of the public right of way or modify sidewalk
to accommodate width for 8' clear passage around queue area.
b. Where building fagade or sidewalk modifications are being constructed maintain a
sidewalk clear passage width of 8'. This may include setting building fagade
modifications further back with pedestrian easements and/or reinstalling modified
sidewalk back at a wider cross section.
c. Pay parking in -lieu fees based on parking demand forecasted in transportation
study.
d. "Band bus" will be allowed short term loading /unloading per existing parking
regulations, longer term parking will need to be done in another location were
permitted.
e. ADA audible / vibro tactile pedestrian push button shall be installed at Chorro &
Marsh and Chorro & Higuera.
f. Bicycle parking shall be provided per city code.
g. Sidewalk dining permits, if proposed, shall honor an 8' clear area.
h. Sidewalk reconstruction shall be completed following City Engineering Standards
for downtown pedestrian level lighting master plan, mission style sidewalk, and
tree grate standards.
i. Roadway lane reconfigurations and signal re- timing.
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Fire Department
43. Update Security Plan to include a section on Occupant Load control.
Utilities Department
44. As the project includes food preparations, a grease interceptor shall be provided with the
design as well as an area inside to wash floor mats, equipment, and trash cans that is
drained to the sanitary sewer.
45. Consistent with the City's Solid Waste Enclosure Standards, please include size, capacity,
and location of the solid waste enclosures to serve the project. Applicant will need to
contact the General Manager of San Luis Garbage Company (SLG) at 805 -543 -0875, and
obtain in writing that the proposed enclosures and collection method meets the SLG
requirements.
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 prior to issuance of a Building Permit.
On motion by , seconded by , and on the following
roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 22nd day of July, 2015.
11-00 MAW =
Doug Davidson, Secretary
Planning Commission