HomeMy WebLinkAboutR-10669 Denying appeals by Lopes & Lakeman, and applicant, 1144 Chorro StRESOLUTION NO. 10669 (2015 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA: (1) DENYING AN APPEAL FILED BY JAMES
LOPES AND SANDRA LAKEMAN, ON BEHALF OF SAVE OUR
DOWNTOWN, AND UPHOLDING THE PLANNING COMMISSION'S
DECISION TO APPROVE A BOWLING ALLEY, NIGHTCLUB AND
RESTAURANT WITH LIMITED LATE HOUR ALCOHOL SERVICES
WITHIN THE HISTORIC DOWNTOWN COMMERCIAL ZONE (1144
CHORRO STREET, USE - 1127 - 2015); AND (2) DENYING AN APPEAL
FILED BY THE APPLICANT APPEALING THE PLANNING
COMMISSION'S APPROVAL OF CONDITION NO. 3 LIMITING
HOURS OF OPERATION, THEREBY GRANTING FINAL APPROVAL
TO THE PROJECT BASED ON FINDINGS OF CONSISTENCY WITH
THE GENERAL PLAN, ZONING REGULATIONS AND APPLICABLE
CITY STANDARDS, PROJECT CONDITIONS AND FIND THAT THE
PROJECT IS CATEGORIALLY EXEMPT PURSUANT TO CEQA
SECTION 15332.
WHEREAS, and the Planning Commission, on July 24, 2015, approved a bowling alley,
nightclub and restaurant with late hour alcohol service in the Historic Downtown Commercial
zone; and
WHEREAS, on July 31, 2015, James Lopes and Sandra Lakeman, on behalf of Save Our
Downtown, filed an appeal of the Planning Commission's action; and
WHEREAS, on August 3, 2015, Jeremy Pemberton, the applicant, also filed an appeal of
the Planning Commission's action; and
WHEREAS, the City Council held a hearing on September 15, 2015 at 990 Palm Street
as part of its regularly scheduled meeting for the purposes of considering the appeals and the
City Council considered all evidence, including the record of the Planning Commission hearing
and action, testimony of interested parties, and the evaluation and recommendation by staff,
present at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the following
findings:
1) 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.
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Page 2
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..."
3) The project includes a number of conditions which address problems in the
downtown, which include standards for security, line queueing, hours of operations,
limiting hours for alcohol service, and trained alcohol beverage servers which
collectively address recommendations and strategies to address public safety issues
related to alcohol consumption. These conditions mean that 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.
4) The proposed project is consistent with General Plan policy to locate, at the street
level, restaurants, stores, and other uses benefiting from and contributing to
pedestrian traffic (LUE 4.20.1).
5) 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.
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 implement the City Circulation Element policies and
programs for Multimodal Circulation (CE 6).
SECTION 2. Environmental Determination. 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.
INKITOTM
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Page 3
SECTION 3. Action. The Council of the City of San Luis Obispo does hereby (1) Deny
the appeal filed by James Lopes and Sandra Lakeman, on behalf of Save Our Downtown, and
upholds the Planning Commission's decision to approve a bowling alley, nightclub and
restaurant with late hour alcohol services within the Historic Downtown Commercial Zone (1144
Chorro Street, USE - 1127 - 2015); and (2) Deny an appeal filed by the applicant appealing the
Planning Commission's approval of Condition No. 3 limiting hours of operation, thereby
granting final approval to the project based on findings of consistency with the General Plan,
Zoning Regulations and applicable City standards with a categorical exemption from
environmental review; 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.
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 all patrons no later than 11:00
p.m., nightly.
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.
5) 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 during concert
performances, as well as no later than 10:00 p.m., nightly.
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 ensure 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.
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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 and/or Marsh Street through the restaurant 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, including the
exterior of the building. 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. 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.
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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 a substantiated written complaint from any citizen, Code Enforcement
Officer, or Police Department employee, which includes information and/or evidence
supporting a conclusion by the Community Development Director that a substantial
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.
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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 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.
23) Applicant shall provide at least one path of travel to and from one set of bowling
lanes that does not require patrons to pass through or immediately adjacent to any
unenclosed bar as approved by the Community Development Director.
Engineering Division
24) 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
25) 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.
26) 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.
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Page 7
27) 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.
28) 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.
29) 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.
30) 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.
31) 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.
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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.
32) 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 provide a copy of any existing, amended, or new
agreement regarding solid waste management within the off -site alley /containment
area.
33) 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.
34) 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.
35) The building plan submittal shall show all existing and proposed flood - proofing,
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.
36) 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.
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37) 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
38) 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
39) 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.
40) 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.
41) 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.
42) 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
43) 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
44) 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;
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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.
Fire Department
45) Update Security Plan to include a section on Occupant Load control.
Utilities Department
46) 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.
47) 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.
48) 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.
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Upon motion of Council Member Rivoire, seconded by Vice Mayor Ashbaugh, and on
the following roll call vote:
AYES: Council Members Christianson, and Rivoire,
Vice Mayor Ashbaugh, and Mayor Marx
NOES: None
RECUSED: Council Member Carpenter
ABSENT: None
The foregoing resolution was adopted this 15th day of September 2015.
Mayor Ja Marx
ATTEST:
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APPROVED AS TO FORM:
T. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 2-c,-1- day of —G,-, . 2k(ntve r , Z® B
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