HomeMy WebLinkAbout05-03-2016 Item 11 SLO BREW Rehearing - Amendments to Ch 17 Zoning Regs
Meeting Date: 5/3/2016
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: CONSIDERATION OF AN ORDINANCE TO AMEND TABLE 9 OF
SECTION 17.22.010 OF THE CITY’S ZONING REGULATIONS TO
CONDITIONALLY PERMIT A NIGHT CLUB USE WITHIN THE BUSINESS
PARK ZONE IN THE AIRPORT AREA; CONSIDERATION OF A
RESOLUTION AMENDING THE AIRPORT AREA SPECIFIC PLAN TO
ALLOW A NIGHT CLUB LAND USE (LIVE ENTERTAINMENT) WITHIN
THE BUSINESS PARK ZONE AND APPROVING A USE PERMIT TO
ALLOW A NIGHT CLUB (LIVE ENTERTAINMENT) AND OFF -SITE
PARKING AT 855 AEROVISTA PLACE.
RECOMMENDATION
As recommended by the Planning Commission:
1. Introduce an Ordinance amending Table 9 of Section 17.22.010 of the City’s Municipal
Code (Zoning Regulations) conditionally permitting a night club land use within the
Business Park (B-P) zone in the Airport Area Specific Plan Area (CODE-1316-2015)
(Attachment A); and
2. Adopt a Resolution amending Table 4.3 of the Airport Area Specific Plan allowing a
Night Club land use within the Business Park zone, approving a night club use permit
with off-site parking in the Business Park zone at 855 Aerovista Place and adopting a
mitigated negative declaration of environmental impact as represented in the staff report
and attachments dated May 3, 2016 (CODE-1316-2015) (Attachment B).
DISCUSSION
Situation
Due to a notification error, the City Council will rehear a proposed amendment to the City’s
Zoning Regulations and Airport Area Specific Plan to conditionally allow night club uses within
the Business Park zone and consider a use permit to allow a night club (live entertainment) and
off-site parking at 855 Aerovista Place.
The applicant, Auzco Development, LLC (SLO Brew), is requesting a text amendment to the
Zoning Regulations and the Airport Area Specific Plan (AASP) to allow a night club (live
entertainment) as an allowed use, with Planning Commission approval, in the Business Park
(BP) zone. As part of this request the applicant is requesting a use permit for the SLO Brew
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Production Facility located at 855 Aerovista in the BP zone of the AASP in order to have the
opportunity to provide live entertainment as an accessory use to their facility.
The proposed night club (live entertainment venue) will operate on specific days, hours and be
located indoors. The hours of operation include Fridays from 7:30 p.m. to 11:00 p.m. and
Saturdays and Sundays from 10:00 a.m. to 11:00 p.m. All concerts and other large events will
take place indoors in the “indoor event space” (see Figure 1 below).
Figure 1: SLO Brew site plan
Previous Review
On April 19, 2016, the City Council held a public hearing to consider the item and approved the
project on a 4-1 vote (Ashbaugh) with additional conditions of approval. The additional
conditions clarified the difference between the indoor event space for concerts, and the outdoor
patio area where ambient music would be allowed. In the original proposal, the large roll-up
doors to the indoor event space were proposed to be open to the patio seating area during
concerts (see attachment C, April 19, 2016 City Council Agenda Report). Following public
testimony and deliberation by the City Council, it was decided that the doors must remain closed
during concerts to ensure that the residential areas east of Broad Street would not be impacted by
noise from the venue.
The additional conditions added to the use permit include:
Events on Friday shall not begin before 7:30 p.m.
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The indoor night club venue use shall include measures to reduce sound, including, but
not limited to, insulated walls, acoustic panels on the ceiling and wall and specialized
acoustic curtains.
All concerts shall be held in the indoor night club venue. The doors and windows of the
facility shall be closed during all events.
Ambient music outdoors shall be prohibited after 9:00 p.m.
Notification
The project has received a substantial amount of public exposure due to coverage in the Tribune
newspaper. Two front-page articles have enabled area residents to become aware of the proposal
and many have submitted written correspondence for City consideration. The public hearing on
April 19 was well attended and the decision makers benefitted from the input of 12 speakers for
and against the proposal. Although participation and general awareness of the project has been
high, a rehearing has been scheduled because of a defect in the noticing of the project.
The minimum legal notification requirement for the project requires the City to send written
notification to occupants and property owners within 300 feet of the project boundaries. No
notification went out for this project at all due to an unfortunate miscommunication between staff
members. For this rehearing, staff sent out over 700 postcards, including notices to all residential
properties bounded by Tank Farm Road, the railroad tracks, the southern City limit line, and
Broad Street.
City staff has confirmed that the notification error was an isolated circumstance and the issue
that resulted in the error has been corrected.
Attachments:
a - Ordinance Introduction
b - Resolution
c - April 19, 2016 City Council Agenda Report
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ORDINANCE NO. (2016 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TABLE 9 OF SECTION 17.22.010 OF
THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS)
CONDITIONALLY PERMITTING A NIGHT CLUB LAND USE WITHIN
THE BUSINESS PARK (B-P) ZONE IN THE AIRPORT AREA SPECIFIC
PLAN AREA (CODE-1316-2015)
WHEREAS, on May 5, 2015, the applicant, SLO Brew Investors, LLC, submitted an
application to request an amendment to Table 9 of the San Luis Obispo Municipal Code section
17.22.010 to allow a night club land use (live indoor/outdoor entertainment) within the Business
Park zone of the Airport Area Specific Plan; and
WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo
conducted a public hearing in Board of Supervisors Chambers, County Government Center, 1055
Monterey Street, Room D170, San Luis Obispo, California, on December 16, 2015, and
recommended approval of the amendments to the Municipal Code; and
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 February 10, 2016, and recommended approval of the amendments Table 9 of San
Luis Obispo Municipal Code section 17.22.010 to allow a night club land use within the
Business Park zone of the Airport Area Specific Plan; and
WHEREAS, the City Council on May 3, 2016, considered the request of the an
amendment to Title 17(Zoning Regulations) and the Airport Area Specific Plan to allow a night
club land use (live indoor/outdoor entertainment) within the Business Park zone with a use
permit (CODE-1316-2015); and,
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, and the evaluation and recommendations by staff, presented
at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council hereby finds that the proposed amendments
will not significantly alter the character of the City or cause significant health, safety or welfare
concerns, since the amendments are consistent with the General Plan and directly implement
City goals and policies.
SECTION 2. Action. Table 9 of the San Luis Obispo Municipal Code section 17.22.010
is hereby amended as set forth in Exhibit “A” attached hereto and incorporated herein by this
reference.
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Ordinance No. _______________ (2016 Series) Page 2
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SECTION 3. Environmental Determination. The City Council has considered the
proposed Mitigated Negative Declaration of Environmental Impact (“MND”) for this project
which was adopted by Resolution No. ______ (2016 Series) together with all comments received
during the public review period, and, on the basis of the whole record before it, hereby finds that
(1) potentially significant environmental effects were identified but mitigation measures to be
included and incorporated into the text amendments to avoid or reduce the effects to a point
where clearly no significant effect on the environment would occur; (2) there is no substantial
evidence that the text amendment will have a significant effect on the environmental; and (3) the
MND reflects the City of San Luis Obispo’s independent judgment and analysis.
SECTION 4. Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and, to
that end the provisions hereof are severable.
SECTION 5. A summary of this ordinance, approved by the City Attorney, together with
the names of the Council members voting for and against it, shall be published at least five days
prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This
ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____________ 2016, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the ____ day of 201 6, on the following roll call
vote:
AYES:
NOES:
ABSENT:
________
Mayor Jan Marx
ATTEST:
____________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
____________________________
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Ordinance No. _______________ (2016 Series) Page 3
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J. 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 ______ day of ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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Ordinance No. _______________ (2016 Series) Page 4
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TABLE 9 - USES ALLOWED BY ZONE - Continued
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1 R2 R3 R4 PF O (1)C-N C-C C-D C-R C-T C-S M BP Regulations
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Club, lodge, private meeting hall D D A D A/D D D D
Commercial recreation facility - Indoor PC D D D D D(12)PC D 17.08.060
Commercial recreation facility - Outdoor PC PC
Educational conferences D D D D 17.08.010.C.6
Fitness/health facility D A D D PC A A D
Golf Course PC
Library, museum PC D D D D
Library, branch facility D D D D
Night club D D D D D D PC (14)Chapter 17.95
Park, playground D D A A A A D D A A A
Public assembly facility PC D D D D PC
Religious facility PC D D D D A D D D A D(7)D(7)D(7)
PC PC
School - College, university campus PC
School - Elementary, middle, secondary PC PC D D PC D
School - Specialized education/training PC A/D A/D A A A
Special event D D D D D D D D D 17.08.010
Sports and active recreation facility PC PC PC PC
Sports and entertainment assembly facility PC PC
Studio - Art, dance, martial arts, music, etc.D D A/D A/D A PC A
Theater PC(8)D D D D Chapter 17.95
Theater - Drive-in PC PC
RESIDENTIAL USES
Boarding/rooming house, dormitory PC D D D Chapter 17.20
Caretaker quarters A A A A A A A A A A A A A A A D
Convents and monasteries PC A A D
Fraternity, sorority PC PC
High occupancy residential use D D
Home occupation H H H H H H H H H H H H H H 17.08.090
Live/work units A A A A A 17.08.120
Mixed-use project A A A A A A PC PC 17.08.072
A A A A A A A A
Mobile home park A A A A
Multi-family dwellings A A A A D D
A A A A A A A/D A/D A/D D
A A A A A D A/D A/D D
Residential hospice facility PC PC D PC PC D
Rest home A A A A A D A/D A/D D
Single-family dwellings A A A(2)A A A A D D
Secondary dwelling units A A A A A Chapter 17.21
Work/live units D D 17.08.120
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above H = Home Occupation Permit required
Note:Footnotes affecting specific land uses follow the table.
Mobile home as temporary residence at
building site
Residential care facilities - 6 or fewer
residents
Residential care facilities - 7 or more
residents
School - Boarding school, elementary, middle,
secondary
School - College, university - Satellite
classroom facility
EXHIBIT A 11.a
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Ordinance No. _______________ (2016 Series) Page 5
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Notes to Table 9:
1. Ozone - All uses. A Use Permit is required for the conversion of residential structures to
non-residential uses. In order to approve a Use Permit, the Director shall first find that:
a. The location, orientation, height, and mass of new structures will not significantly affect privacy in
nearby residential areas; and
b. The project location or access arrangements will not significantly direct traffic to local st reets in
nearby residential areas; and
c. The project includes landscaping and yards that adequately separate parking and pedestrian
circulation areas from sites in nearby residential areas.
2. R-1 zone - Multiple dwellings. Except for condominiums, the construction of more than one
dwelling on a parcel in the R-1 zone requires Administrative Use Permit approval. R-1 density
standards apply.
3. C-N zone - Limitations on floor area. A general retail use in the C-N zone shall not exceed a gross
floor area of 2,000 square feet for each establishment, or a combined floor area of all general retail
establishments within a shopping center of 25 percent of the total floor area in a shopping center with
a gross floor area of 15,000 square feet or more; and shall not exceed 50 percent of the total floor
area in a shopping center with a gross floor area of less than 15,000 square feet. The Administrative
Use Permit may provide for exceptions to the floor area limitations above. For general retail uses
with a floor area greater than 2,000 square feet on a parcel not located within a shopping center, an
Administrative Use Permit shall be required to insure consistency with policies of the General Plan
Land Use Element and compatibility with surrounding uses.
4. C-S and M zones - Required findings for offices. The approval of an office facility in the C-S or M
zone shall require that the review authority first find that:
a. The project will be compatible with existing and allowed land uses in the area;
b. The project location or access arrangements will not significantly direct traffic to use local or
collector streets in residential zones;
c. The project will provide adequate mitigation to address potential impacts related to nois e, light
and glare, and loss of privacy, among others, imposed by commercial activities on nearby
residential areas, by using methods such as setbacks, landscaping, berming and fencing;
d. The project will not preclude industrial or service commercial uses in areas especially suited for
these uses when compared with offices; and
e. The project will not create a shortage of C-S- or M-zoned land available for service commercial or
industrial development.
5. C-R zone - Auto sound system installation. Auto sound installation services may be approved
only as an accessory use to the retail sales of auto sound systems on the same site. Use Permit
review shall consider parking space displacement, noise from the operation, and the appearance and
visibility of the installation area.
6. Parking as a principal use. Use Permit approval may include deviations to otherwise applicable
setback requirements and building height limits. A multi-level parking facility shall require the
approval of a Use Permit by the Planning Commission.
7. Religious facilities.
a. C-S zone requirements. Use Permit review shall consider that the C-S zone is primarily
intended to accommodate uses not generally suited to other commercial zones because of noise,
truck traffic, visual impacts and similar factors. A Use Permit may be approved only when the
religious facility will not likely cause unreasonable compatibility problems with existing or likely
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Ordinance No. _______________ (2016 Series) Page 6
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future service commercial uses in the vicinity. Use Permit conditions may include measures to
mitigate incompatibility.
b. C-T and M zone requirements. A religious facility use may be allowed only inside an existing
building.
8. PF zone - Theaters. Only non-profit theaters are permitted.
9. Day care centers. Allowed by right where accessory to a church or school, or where an employer
provides on-site child care to 14 or fewer children for the exclusive benefit of employees, providing
the primary use meets City parking standards.
10. Groceries, Liquor, Specialty Foods in the CN Zone. In the C-N zone, grocery, liquor and
specialty food stores less than 3,000 square feet are allowed. Such uses with a gross floor area
between 3,000 and 5,000 square feet are allowed with the approval of an Administrative Use Permit.
Stores between 5,000 and 10,000 square feet may be approved by Planning Commission Use
Permit. In order for a use permit to be approved by the Hearing Officer or by the Planning
Commission, the deciding body must find that the proposed use is compatible with surrou nding uses
and the surrounding neighborhood, and that the use is consistent with the purpose and intent of the
Neighborhood Commercial designation as discussed in the General Plan.
11. In order to approve a Medical Service use in the C-S or BP zones, the Hearing Officer must make
the following findings:
a) The proposed medical service is compatible with surrounding land uses.
b) The proposed medical service is located along a street designated as an arterial or commercial
collector in the Circulation Element and has convenient access to public transportation.
c) The proposed medical service will not significantly increase traffic or create parking impacts in
residential neighborhoods.
d) The proposed medical service is consistent with the Airport Land Use Plan.
e) The project will not preclude service commercial uses in areas especially suited for these uses
when compared with medical services.
f) The project site can accommodate the parking requirements of the proposed medical service
and will not result in other lease spaces being under -utilized because of a lack of available
parking.
12. C-S zone - Required findings for Indoor Commercial Recreational Facilities. Commercial indoor
recreational uses in the C-S zone shall not include less than 10,000 square feet gross floor area per
establishment. The approval of an indoor commercial recreational facility in the C -S zone shall
require that the review authority first find that:
a) The proposed use will serve the community, in whole or in significant part, and the nature of the
use requires a larger size in order to function;
b) The project will be compatible with existing and allowed land uses in the area;
c) The project location or access arrangements will not significantly direct traffic to use local or
collector streets in residential zones;
d) The project will not preclude industrial or service commercial uses in areas especially suited for
these uses when compared with recreational facilities; and
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e) The project will not create a shortage of C-S -zoned land available for service commercial
development.
13. Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when accessory to a
public assembly use, such as a club, lodge, private meeti ng hall or religious facility. Safe parking is
prohibited as a primary use in the R-1, R-2, R-3 or R-4 zones and in all applicable zoning districts on
properties that contain residential uses as the primary use.
14. Night club use in the BP zone. Night clubs shall be allowed only in the BP zone of the Airport Area
Specific Plan. Refer to the Allowed uses, Table 4.3, of the Airport Area Specific Plan for more
information.
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RESOLUTION NO. (2016 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TABLE 4.3 OF THE AIRPORT
AREA SPECIFIC PLAN ALLOWING A NIGHT CLUB USE WITHIN THE
BUSINESS PARK ZONE, APPROVING A NIGHT CLUB USE PERMIT
WITH OFF-SITE PARKING IN THE BUSINESS PARK ZONE AT 855
AEROVISTA PLACE AND ADOPTING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS REPRESENTED IN
THE STAFF REPORT AND ATTACHMENTS DATED MAY 3, 2016
(CODE-1316-2015)
WHEREAS, the applicant, on May 5, 2015, submitted an application to amend the
Airport Area Specific Plan and for a use permit to allow a night club (live indoor/outdoor
entertainment) with off-site parking at 855 Aerovista Place; and
WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo
conducted a public hearing in Board of Supervisors Chambers, County Government Center, 1055
Monterey Street, Room D170, San Luis Obispo, California, on December 16, 2015, and
recommended approval of amendments to the Airport Area Specific Plan; and
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 February 10, 2016, and recommended approval of the amendments to the Airport
Area Specific Plan and night club use permit with off-site parking within the Business Park zone
at 855 Aerovista Place; and
WHEREAS, the City Council on May 3, 2016, considered the request to amend the
Airport Area Specific Plan to allow a night club use within the Business Park zone and for a
night club use permit with off-site parking within the Business Park zone at 855 Aerovista Place
(CODE-1316-2015); and,
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, and the evaluation and recommendations by staff, presented
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:
Airport Area Specific Plan
1. The Amendments to the Airport Area Specific Plan conditionally permitting a night club
use within the Business Park Zone is consistent with the General Plan policies and will
not be detrimental to the health, safety and welfare of the City.
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Resolution No. _______________ (2016 Series) Page 2
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Night club
2. 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, impacts to police resources, and there are no nearby residential
uses.
3. Locating a live indoor/outdoor entertainment use outside of the downtown is appropriate
because currently no sites exist downtown that would allow for live indoor/outdoor
entertainment for a large number of people without impacting other uses. The location of
a night club within the business park zone, near the airport, is appropriate because the use
is not impacted by airport noise and is not located near residential uses.
4. As conditioned, the proposed project is consistent with Section 4.2.1 of the Airport Area
Specific Plan because the proposed use is supportive of the primary activity and part of
the promotion of the SLO Brew Production Facility.
5. As conditioned, the project is consistent with the Airport Land Use Plan.
6. The property owner has agreed to conditions of approval that place restrictions on their
use of the property to insure that nuisances and significant burdens on police resources do
not occur.
7. As conditioned, the proposed use is compatible with the project site and with existing and
potential uses in the vicinity which include offices, a gym, and a beer brewing facility.
Conditions of approval have been adopted to minimize potential disturbances to
neighboring properties.
Off-site Parking
8. Off-site parking is acceptable at this location because proposed off-site parking is within
a zone where the use is allowed, within 300 feet of the use, and is not separated from the
use by any feature that would make pedestrian access inconvenient or hazardous.
9. Off-site parking is acceptable at this location because the site on which the parking is
located is owned by the party controlling the use.
SECTION 2. Amendment of Airport Area Specific Plan. Table 4.3 of the Airport
Area Specific Plan is hereby amended as set forth in Exhibit “A” attached hereto and
incorporated herein by this reference.
SECTION 3. Action on Use Permit. The City Council hereby approves the use permit
for a night club use at 855 Aerovista Place (CODE-1316-2015), based on the above and subject to
the following conditions:
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Resolution No. _______________ (2016 Series) Page 3
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Planning Division
1. 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.
2. Hours of operation for the proposed use shall not be outside the hours from 7:30 p.m. to
11:00 p.m., Fridays and 10:00 a.m. to 11:00 p.m. Saturday and Sundays. Changes in the
hours of operation shall require an amendment to this use permit or require an additional
use permit as determined by the Community Development Director.
3. An off-site parking agreement that satisfies parking requirements shall be signed and
recorded to the satisfaction of the City Attorney and Community Development Director
prior to occupancy. A minimum of 61 parking spaces shall be provided in an off-site
parking location located within 300 feet of the subject location.
4. If parking availability becomes impacted, the City retains the right to require additional
parking mitigation measures, including but not limited to revocation of this use permit,
limiting occupancy loads or additional off-site parking agreements with adjacent property
owners.
5. No wedding ceremonies or other similar noise-sensitive events and/or activities are
allowed on the outdoor portions of the property, and any indoor uses must comply with
applicable density restrictions within the Airport Land Use Plan.
6. The combination of amplified music, voice and crowd noise on the subject site from the
indoor event venue shall not exceed 90 dBA at 20 feet from the speakers as specified in
the Noise Analysis prepared by David Lord, which exceeds the City’s Noise Ordinance
requirement for the use. All outdoor speakers shall be oriented inward to the site away
from residences to the east of Broad Street at all times.
7. Building plans submitted for the indoor night club venue use shall include measures to
reduce sound, including, but not limited to, insulated walls, acoustic panels on the ceiling
and wall and specialized acoustic curtains.
8. All concerts shall be held in the indoor night club venue. The doors and windows of the
facility shall be closed during all events.
9. Ambient music outdoors shall be prohibited after 9:00 p.m.
10. No approval for modifications, decorations or active use of the rock is expressly granted
or implied through the approval of the use permit.
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Resolution No. _______________ (2016 Series) Page 4
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11. The patio will be maintained in an orderly manner, and will be properly supervised and
controlled at all times to prevent alcoholic beverages from leaving the area. No alcoholic
beverages shall be consumed on any property adjacent to the licensed premises under the
control of the applicant.
12. 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.
13. The night club shall not exceed a maximum number of 600 persons in attendance to any
event.
14. To address complaints and minimize the need for police response to minor issues, an
owner or manager shall be on premises at all times, and shall be available to be contacted
by a City representative and/or adjacent property owner or tenant. The applicant shall
provide and regularly update contact information to the City’s Police, Fire, and
Community Development Departments and adjacent property owners and tenants.
15. All employees shall attend ABC LEAD Training or equivalent training.
16. The applicant shall be responsible for an on-going security/safety plan that incorporates
regular training to accommodate changes in personnel. The applicant shall be responsible
for managing outdoor crowds and queuing as a result of this use and the site shall be
maintained in a neat and orderly manner at all times.
17. 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 shall be maintained. This queue shall not block egress from any exits or the
patio seating area exit.
18. 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).
19. 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.
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
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Resolution No. _______________ (2016 Series) Page 5
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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 May 3, 2016 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. No structure, landscaping, apparatus, or other feature, whether temporary or permanent in
nature shall constitute an obstruction to air navigation or a hazard to air navigation, as
defined by the ALUP.
23. Any use is prohibited that may entail characteristics which would potentially interfere
with the takeoff, landing, or maneuvering of aircraft at the Airport, including:
creation of electrical interference with navigation signals or radio communication
between the aircraft and airport;
lighting which is difficult to distinguish from airport lighting;
glare in the eyes of pilots using the airport;
uses which attract birds and create bird strike hazards;
uses which produce visually significant quantities of smoke; and
uses which entail a risk of physical injury to operators or passengers of aircraft (e.g.,
exterior laser light demonstrations or shows).
24. Avigation easements will be recorded for each property developed within the area
included in the proposed local action prior to the issuance of any building permit or
conditional use permit.
25. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) will receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior
to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any
property or properties within the airport area.
26. This use permit for a Night Club use at 855 Aerovista Place shall not be effective until
the effective date of Ordinance No. ___________ (2016 Series) amending Title 17 of the
City’s Zoning Code conditionally permitting Night Club land uses within the Business
Park zone of the Airport Area Specific Plan Area.
Transportation Department
27. Due to peak hour congestion levels along the Broad Street Corridor events shall not be
permitted Friday before the hours of 7:30 p.m.
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Resolution No. _______________ (2016 Series) Page 6
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Building Department
28. The project requires a building permit for change of use and/or occupancy. Additional
requirements will be included when an application for that building permit is submitted
for review.
Fire Department
29. The building permit submitted for the change of use and/or occupancy shall show
occupancy load calculations for nightclub/music use and for other proposed uses of the
building room(s) use based on 5, 7, and 15 square feet per occupant. Occupancy load
calculations shall be submitted by a state-licensed architect.
30. The applicant shall submit a written safety policy/plan for maintaining the maximum
occupant load in the assembly areas of the building (to avoid overcrowding) for any
nightclub/music use.
31. The building permit submitted for the change of use and/or occupancy shall clarify if this
mezzanine is proposed for a B occupancy or an Assembly occupancy (mezzanine on east
side of building specifies an Assembly occupancy with only one stairway).
32. Any/all changes to the current/proposed building plans shall be in compliance with the
2013 California Building Code, including any required occupancy separations.
SECTION 4. Environmental Determination. The City Council has considered the
proposed Mitigated Negative Declaration of Environmental Impact (“MND”) together with all
comments received during the public review period, and, on the basis of the whole record before
it, hereby finds that (1) potentially significant environmental effects were identified but
mitigation measures to be included avoid or reduce the effects to a point where clearly no
significant effect on the environmental would occur; (2) there is no substantial evidence that the
project will have a significant effect on the environment; and (3) the MND reflects the City of
San Luis Obispo’s independent judgment and analysis. Based on the foregoing, the Council
hereby adopts the proposed MND with incorporation of the following mitigation measures and
monitoring programs:
Transportation/Traffic
Mitigation Measure T-1: Night club use permit events shall not be permitted on Fridays between
the before the hours of 7:30 pm.
Monitoring Plan, T-1: The hours of operation shall be included as part of the business license
application and will be incorporated as part of the conditions of approval for the use permit.
City staff will periodically inspect the site for continued compliance with the above
mitigation measures.
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Resolution No. _______________ (2016 Series) Page 7
R ______
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this ____ day of ___________________, 2016.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
J. 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 ______ day of ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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Table 4.3 – Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Land Use
Zoning District
PF C-S M BP
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Bar/tavern D D D1
Club, lodge, private meeting hall D
Commercial recreation facility - Indoor PC PC D
Commercial recreation facility – Outdoor PC PC
Fitness/health facility A A A1
Night club D PC3,9
Park, playground D
Public assembly facility PC PC
Religious facility8 D D2
School – Specialized education/training8 A A D
Sports and active recreation facility PC PC PC
Sports and entertainment assembly facility PC PC
Land Use
Zoning District
PF C-S M BP
RESIDENTIAL USES
Caretaker quarters7 A A A D
EXHIBIT A
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Resolution No. _______________ (2016 Series) Page 2
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Numbered Notes to Table 4.3:
1. These activities are considered secondary uses for business parks.
Within a development project site, their combined floor area shall not
exceed 25 percent of the total floor area. Some are also subject to
limits on individual floor area, as shown in the body of the table. Floor
area limitations shall not apply to bank headquarters.
2. Use permit review shall consider that the C-S zone is primarily intended
to accommodate uses not generally suited to other commercial zone s
because of noise, truck traffic, visual impacts and similar factors. A use
permit may be approved only when the church will not likely cause
unreasonable compatibility problems with existing or likely future service
commercial uses in the vicinity. Use permit conditions may include
measures to mitigate incompatibility.
3. In the C-S zone, nightclubs must contain a minimum of four thousand
five hundred square feet of floor area. In the BP zone, no minimum
floor area is required for nightclubs. The required use permit process
for both the C-S and BP zones shall address parking, neighborhood
compatibility and security issues.
4. In order to approve a Medical Service use in the C-S or BP zones, the
Hearing Officer must make the following findings:
a) The proposed medical service is compatible with surrounding land
uses.
b) The proposed medical service is located along a street designated
as an arterial or commercial collector in the Circulation Element and
has convenient access to public transportation.
c) The proposed medical service will not significantly increase traffic or
create parking impacts in residential neighborhoods.
d) The proposed medical service is consistent with the Airport Land
Use Plan.
e) The project will not preclude service commercial uses in areas
especially suited for these uses when compared with medical
services.
f) The project site can accommodate the parking requirements of the
proposed medical service and will not result in other lease spaces
being under-utilized because of a lack of available parking.
5. Allowed by right only in the S-1c and S-2 aviation safety areas (as
defined in the ALUP), where an employer provides on-site child care to
14 or fewer children for the exclusive benefit of employees. Larger
facilities for employees may be approved by the Planning Commission,
if allowed by the Airport Land Use Commission.
6. Broadcast studios are allowed by right except that an administrative use
permit is required to permit any on-site antennas, dishes, or
transmission towers; or any radio, microwave other type of airbound
transmission from the project site or any other site within the Airport
Area.
7. Caretakers quarters shall have a maximum floor area of 1,000 square
feet and shall not be allowed in aviation safety area S -1a or the runway
protection zone, as defined in the ALUP.
8. These uses are identified in the San Luis Obispo County Regional
Airport Land Use Plan as noise-sensitive, specific sound-attenuation
requirements may apply. Refer to the ALUP for more information.
EXHIBIT A
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Resolution No. _______________ (2016 Series) Page 2
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9. Nightclub uses proposed in the BP zone shall meet the standards and
requirements of the Airport Land Use Plan, and shall be referred to the
Airport Land Use Commission for a determination of consistency with
the Airport Land Use Plan. All tall structures shall be reviewed by the
Air Traffic Division of the FAA regional office having jurisdiction over
San Luis Obispo County to determine compliance with the provisions
of FAR Part 77. In addition, applicable construction activities must be
reported via FAA Form 7460-1 at least 30 days before proposed
construction or application for building permit.
EXHIBIT A
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Meeting Date: 4/19/2016
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: CONSIDERATION OF AN ORDINANCE TO AMEND TABLE 9 OF
SECTION 17.22.010 OF THE CITY’S ZONING REGULATIONS TO
CONDITIONALLY PERMIT A NIGHT CLUB USE WITHIN THE BUSINESS
PARK ZONE IN THE AIRPORT AREA; CONSIDERATION OF A
RESOLUTION AMENDING THE AIRPORT AREA SPECIFIC PLAN TO
ALLOW A NIGHT CLUB LAND USE (LIVE INDOOR/OUTDOOR
ENTERTAINMENT) WITHIN THE BUSINESS PARK ZONE AND
APPROVING A USE PERMIT TO ALLOW A NIGHT CLUB (LIVE
INDOOR/OUTDOOR ENTERTAINMENT) AND OFF-SITE PARKING AT
855 AEROVISTA PLACE.
RECOMMENDATION
As recommended by the Planning Commission:
1. Introduce an Ordinance to amend Table 9 of Section 17.22.010 of the City’s Zoning
Regulations to allow a Night Club land use within the Business Park zone in the Airport
Area with a use permit (Attachment A); and
2. Adopt a Resolution amending the Airport Area Specific Plan to allow a Night Club land
use within the Business Park zone and approving a use permit for a night club (live
indoor/outdoor entertainment) and off-site parking for SLO Brew at 855 Aerovista and
adopting a mitigated negative declaration of environmental impact (Attachment B).
REPORT-IN-BRIEF
The applicant, Auzco Development, LLC (SLO Brew), has applied for a text amendment to the
Zoning Regulations and the Airport Area Specific Plan (AASP) to allow a night club (live
indoor/outdoor entertainment) as an allowed use, with Director’s approval, in the Business Park
(BP) zone. As part of this request the applicant is requesting a use permit for the SLO Brew
Production Facility located at 855 Aerovista Place in the BP zone of the AASP in order to have
the opportunity to provide live entertainment as an accessory use to their facility. The request
was reviewed by the Airport Land Use Commission (ALUC) and found to be consistent with the
Airport Land Use Plan (ALUP). The Planning Commission reviewed the text amendment s and
use permit for SLO Brew and recommended the City Council approve the request.
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DISCUSSION
Background
1. Previous Entitlements
The project at 855 Aerovista Place has received two previous entitlements:
a. February 2, 2015: The ARC reviewed and approved a new commercial building for
SLO Brew Production Facility and other light manufacturing and warehousing uses,
and a restaurant use.
b. February 6, 2015: The Community Development Director reviewed and granted
approval of a use permit for a Tasting Room (Bar/Tavern) within the Business Park
zone as part of the SLO Brew Production Facility. The approved Tasting Room hours
are 11:00 a.m. to 10:00 p.m. daily.
2. Airport Land Use Commission Review
On December 16, 2015 the proposed text amendment and use permit for the SLO Brew
production facility was referred to the Airport Land Use Commission (ALUC) for a
determination of consistency or inconsistency with the Airport Land Use Plan (ALUP). The
ALUC determined that the proposed text amendment and the request for a night club use permit
for the SLO Brew facility were consistent with the ALUP.
The Commission recommended a series of conditions be applied to any night club use permit
approvals, as well as a number of conditions for the SLO Brew night club use permit. The
findings and conditions associated with the determination of consistency can be found in
Attachment D (Notice of Airport Land Use Commission Action) and have been incorporated into
the proposed ordinance and resolution (Attachments A & B).
3. Planning Commission Review
On February 10, 2016 the Planning Commission (PC) reviewed the request for the proposed text
amendments and use permit for the SLO Brew production facility at 855 Aerovista Place. The
PC recommended that the use permit requirement of the text amendment be elevated to require
PC approval, as opposed to an administrative level. In a 6:1 vote, the Planning Commission
recommended the City Council approve the text amendment establishing a night club as an
allowed use with PC approval and a night club use permit for the SLO Brew facility at 855
Aerovista (Attachment C, Planning Commission Resolutions, Attachment K, Planning
Commission Draft Minutes).
Project Information
1. Airport Area Specific Plan
Business Park (BP) zoning is found only within the Airport Area and Margarita Area Specific
Plan boundaries. Figure 1 highlights the location of the BP zone within the AASP. The BP zone
contains sites that are built out, vacant or have active entitlements. The portion of the BP zone
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located to the southwest part of the AASP (indicated with cross hatch lines on Figure 1) is
currently under review as part of Avila Ranch.
Figure 1: Land use designations for the AASP; Business Park zone; Business Park zone under review as a part of
Avila Ranch.
2. Project Description – Zoning Regulations Text Amendment and the Airport Area
Specific Plan Text Amendment
The applicant is requesting a text amendment to the Zoning Regulations and the AASP to allow a
Night Club as an allowed use, with Director’s approval, in the BP zone.
3. Project Description – Night club at SLO Brew Production Facility
The SLO Brew Production Facility is being constructed in the Aerovista Business Park in the BP
zone of the Airport Area Specific Plan. SLO Brew Production Facility would like the
opportunity to provide live entertainment on Friday evenings and Saturdays and Sundays as an
accessory use to their production facility and restaurant (Attachment E, Project Description). The
SLO Brew Production Facility includes:
3,047 square foot entertainment venue,
6,496 square foot brewery production facility,
1,250 square foot kitchen,
1,579 square foot beer tasting/restaurant area,
600 square foot outdoor dining area,
15,444 square foot lease space, and
1,746 square feet of office and mezzanine area.
The Aerovista Business Park is composed of four parcels with a combined total acreage of 9.94
acres. The SLO Brew parcel alone is 3.47 acres in size (Attachment F, Vicinity Map).
Attachment G shows the business park site plan and the location of SLO Brew and the adjacent
structures. In addition to the SLO Brew facility, the Aerovista Business Park also includes four,
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two-story office buildings which house a variety of professional offices (i.e. doctor’s office, tax
services, government offices, etc.), and a fitness facility with a combined total of 444 parking
spaces. Staff estimates a total of 666 people occupy the site when all of the lease spaces are
occupied (calculation based on a rate of 1.5 persons per parking space). The majority of these
businesses operate from 8:00 a.m. to 5:00 p.m., Monday through Friday.
The applicant is proposing on a limited basis (Friday through Sunday) to host events with live
music around the existing rock outcropping in the outdoor patio area and inside the facility
(Attachment G, Site plan). The applicant is requesting the ability to host weddings (ceremonies
would be indoors only), concerts or other large party events. Events would be scheduled only on
Friday evenings, 6:00 p.m. to 11:00 p.m., and Saturdays and Sundays, 10:00 a.m. to 11:00 p.m.
with no more than a maximum attendance of 600 people.
Project Analysis
1. Amending the Zoning Regulations and the Airport Area Specific Plan
Zoning Regulations and the AASP
Section 17.100.N of the City of San Luis Obispo’s Municipal Code defines a night club as – “a
facility providing entertainment, examples of which include live or recorded music and/or
dancing, comedy, disc jockeys, etc., which may also serve alcoholic beverages for on-site
consumption.” In this particular request, the proposed use is not for a typical night club business
that operates every night with late hours and dancing. Instead, the reason for delineating the
requested use as a night club is to allow for the ability to provide live music and entertainment as
an accessory use to the brewery and restaurant on Friday evenings, Saturdays and Sundays.
Currently night clubs are allowed with a use permit within several zones that are located
throughout the City including the Community Commercial (C-C), Downtown Commercial (C-
D), Retail Commercial (C-R), Tourist Commercial (C-T), Service Commercial (C-S) and the
Manufacturing (M) zones.1
According to Chapter 17.49 of the Municipal Code, the BP zone “is intended to provide for
research and development, light manufacturing, and business services that are compatible with
each other and with airport operations.” The AASP further states that “activities that are
supportive of, or accessory to, the primary activities may be allowed as well. The City recognizes
that businesses locating in areas designated Business Park often combine product development,
promotion, manufacturing, and distribution at a single facility.”2
The request of a night club to allow live entertainment as part of or accessory to an allowed use
within the Business Park is consistent with the intention of the language of the AASP. Staff is
recommending additional language be added to the AASP Allowed Uses (Table 4.3) to include
parameters of review for future night club uses. The text amendment includes recommended
requirements from the ALUC that all night club uses be referred to the ALUC and that any
proposed night club use shall address parking, neighborhood compatibility and security issues
(Attachment B, Exhibit A – AASP Specific Plan Text Amendment). The proposed Title 17
1 Zoning Regulations, Table 9.
2 AASP Section 4.2.1.
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(Zoning Regulations) text amendment includes a footnote that clarifies that the night club use is
only allowed in the BP zone of the AASP with Planning Commission approval (Attachment A,
Exhibit A – Zoning Regulations Text Amendment).
General Plan Policies
One of the General Plan’s Community Goals states that the City is to: “Serve as the county's hub
for: county and state government; education; transportation; visitor information; entertainment;
cultural, professional, medical, and social services; community organizations; retail trade3.”
The Land Use Element (LUE) specifically states that Downtown is the community’s urban
center serving as the cultural, social, entertainment, and political center of the City for its
residents. Entertainment facilities, such as night clubs, are to be in the Downtown.4 Although the
LUE encourages night clubs in the Downtown, the Zoning Regulations include opportunities for
night clubs to be located outside of Downtown as noted previously. The applicant is not
proposing a night club as a primary use, but rather as an accessory to allowed uses (e.g. brewery
and restaurant) within the BP zone. This is an important distinction because the proposed use is
not a bar, will not function on a nightly basis, but is limited to certain days and hours of
operation, and is focused on providing a venue for live entertainment/music for the community
and for special events such as wedding receptions.
The location of the SLO Brew production facility and restaurant with an accessory night club use
for limited live entertainment within the business park zone, near the airport, is appropriate
because the use is not impacted by airport noise and is located more than 800 feet from the
nearest residential uses. This is consistent with C-S or M zoned land within the City that is
located near residential uses such as Broad Street and Aero Drive (across the street from the
proposed site), the South Broad Street Area, Orcutt Road and the railroad tracks and Sacramento
Drive.
2. Night club use permit for SLO Brew Production Facility at 855 Aerovista
The proposed live indoor/outdoor entertainment component of the brewery/restaurant at the SLO
Brew Production Facility is considered an accessory use to the production facility. Staff has
evaluated the proposed night club use and provided recommended conditions of approval to
3 Land Use Element. Community Goals: Society and Economy, p. 1-20.
4 Land Use Element Policies 4.1, 4.3, and 4.8:
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 neighborhoo ds.
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. D owntown's visitor appeal should be based on
natural, historical, and cultural features, retail services, entertainment and numerous and varied visitor
accommodations.
4.3. Entertainment and Cultural Facilities: Cultural facilities, such as museums and galleries should be Downtown.
Entertainment facilities, such as nightclubs and theaters shall be in the Downtown.
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.
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address any potential impacts (density, security, noise, traffic, etc.) to ensure the project is
compatible with neighboring uses.
Public Comment
On February 25, 2016, the Tribune published an article regarding the proposed live music venue.
Following the article, the City received a large amount of written correspondence related to the
request. Most of the correspondence expressed concerns regarding noise from the venue, or that
the use might exasperate traffic conditions on Broad Street. The following areas have been
analyzed for the project in consideration of the concerns expressed, and conditions of approval
are recommended to ensure that use is conducted in a manner that is compatible with the
immediate surroundings and the residential uses located across Broad Street.
Density
The applicant proposes to have approximately 600 square feet of outdoor dining space and 3,047
square foot of indoor event space to be available for live entertainment. Events at the site will
have no more than 600 people at any given time. The ALUC reviewed the proposal and found it
to be consistent with the density standards of the ALUP and the Airport Area Specific Plan
which allows 120 persons per acre.5
Traffic Analysis
The applicant is proposing hours of operation three days a week; Friday 6:00 p.m. to 11:00 p.m.
and Saturday and Sunday 10:00 a.m. to 11:00 p.m. These proposed hours are outside the hours of
operation for the majority of the uses on site, as noted previously, which operate from 8:00 a.m.
to 5:00 p.m. Monday through Friday.
The Initial Study identified that traffic could result in significant but mitigatable impacts related
to the performance of circulation along Highway 227/Broad Street during the peak traffic hours
of 4:00 p.m.to 6:00 p.m. As such, staff has included Condition No. 23 which requires that events
shall not be permitted on Fridays between the hours of 4:00 p.m. and 6:00 p.m. to mitigate
impacts of additional traffic during peak hours along Broad Street (Attachment B, Council
Resolution). Additionally, per Condition No. 24, vehicle trips associated with the subject
property shall be less than 35 per hour (the base trip generation for the brewer y manufacturing
and restaurant use excluding the event use) on Fridays between the hours of 4:00 p.m. to 6:00
p.m. If the number of trips exceeds the 35 trips per hour threshold during this period, then the
events permitted under this use permit related to the night club use shall be further prohibited on
Friday night up until 8:00 pm or prohibited on Friday nights altogether, at the discretion of the
Public Works Director. The idea behind this condition is to determine if patrons are coming to
the facility during Friday peak traffic hours because of the live entertainment (i.e. the number of
actual trips exceeds the trip estimate/ threshold for the underlying brewery/restaurant use). If that
threshold is exceeded, it would be assumed that individuals who otherwise would not be
patronizing the brewery/restaurant are arriving early for the music event during peak hour traffic.
Condition No. 24 mitigates that impact by giving the Public Works Director the ability to further
prohibit night club use on Fridays nights until 8:00 p.m. or on Friday nights altogether.
5 AASP Table 4.6
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Security & Circulation
The applicant has provided a detailed security plan that is included as Attachment H (Security
Plan). The security plan includes a queuing plan and details of the duties and responsibilities of
all staff. During events, attendants will establish queuing lines and temporary signage to not
impede existing foot traffic and direct patrons to the appropriate event area. The areas where
queues will be formed are shown on the security plan (Attachment H, pg 5). All staff shall be
required to be trained to verify legal age of patrons, monitoring patrons’ on-site alcohol
consumption, denying service of alcohol to patrons who demonstrate signs of intoxication, and
attend ABC LEAD Training.
Parking
As part of this use-permit, the applicant is requesting an off-site parking agreement to allow
parking for the night club to expand off-site onto the neighboring properties of the Aerovista
Business Park. The night club use requires 61 parking spaces. The Zoning Regulations stipulate
that a use permit for off-site parking may be approved when off-site parking is located within
300 feet of the use, and the site on which the parking is located is owned, leased or otherwise
controlled by the party controlling the use (MC 17.16.060 E). The neighboring properties are
owned by the same owner and consist mainly of offices that require parking Monday through
Friday, 8:00 a.m. to 5:00 p.m. The night club use will operate at alternate hours to the office
uses.
Noise
The applicant has provided a Noise Study (Attachment I) performed by Mr. David Lord of
45dB.com. Existing sound levels were measured continuously on the proposed site at 10-second
intervals over a 24-hour period for three days (Thursday June 19, 2015 to Saturday 21, 2015). An
acoustic model with sound level contours was generated for the site based on topography, noise
sources and measured sound level values. From this model, the study provided future sound
level contours with a maximum of 600 persons, and amplified music and voice with no more
than 90 dBA6 at 20 feet from the speakers. The result of this analysis is shown in Figure 2. The
sound level deceases from 90 dBA to 58 dBA before intersecting with sound produced from
Broad Street/ Highway 227 (with a sound level of 76 dBA).
For an idea of common sound levels, 50 dBA is equivalent to a refrigerator running; 60 dBA is a
sound level similar to normal conversation at a 3-foot distance; and 70 dBA is equivalent to the
sound of a shower or vacuum cleaner. Jet flyover at 1,000 feet is 100 dBA. As mentioned
previously, the site is largely surrounded by office uses, which will be closed during the hours of
the live entertainment, the San Luis Obispo Airport and associated facilities.
The Noise Study concludes that the proposed outdoor entertainment is compatible with the
6 A-weighted sound level. The ear does not respond equally to all frequencies, but is less sensitive at low and high
frequencies than it is at medium or speech range frequencies. Thus, to obtain a single number representing the sound
level of a noise containing a wide range of frequencies in a manner representative of the ear’s response, it is
necessary to reduce the effects of the low and high frequencies with respect to the medium frequencies. Th e
resultant sound level is said to be A-weighted, and the units are dBA. The A-weighted sound level is also called the
noise level.
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Airport Land Use Plan and complies with the City’s noise regulations (Attachment I, Noise
Study, pg. 15), which was also confirmed by the Airport Land Use Commission.
The nearest residential development is more than 800 feet from the subject site. Based on the
information provided in the Noise Study, the project does comply with the City’s Noise Element,
in that it will not expose residents to unacceptable noise levels. However, it is possible that under
certain atmospheric conditions, and depending on other noise levels, sound generated by events
at SLO Brew may be heard across Broad Street in residential outdoor areas, or even indoors if a
window or door is open. While the noise levels would not exceed City thresholds from an
environmental impact perspective, the noise may still be considered unwanted by residents. As a
result, conditions of approval are proposed that limit amplification and specif y that outdoor
speakers must be oriented inward to the site to reduce the likelihood of sound travelling into the
adjacent neighborhood (Condition No. 6). A condition of approval is also established requiring
review of the use permit if complaints are received based on the noise generated from events on
the project site (Condition No. 16).
Figure 2: Future sound level contours with a maximum of 600 persons, with amplified music and voice, which do
not measure greater than 90 dBA at 20 feet from speakers.
CONCURRENCES
The project has been reviewed by the Police, Building, Fire, Public Works, and Utilities
Departments. Their conditions have been incorporated in the ordinance and the resolution.
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ENVIRONMENTAL REVIEW
After further review by staff and the City Attorney’s office it was determined that an Initial
Study should be completed for full compliance with CEQA. An initial study has been prepared
by staff in accordance with the California Environmental Quality Act and a Mitigated Negative
Declaration (MND) is recommended for adoption (Attachment J). The MND finds that with
incorporation of mitigation measures, potential impacts to transportation/traffic will be less than
significant.
FISCAL IMPACT
There is no fiscal impact associated with the approval of this project because no construction or
improvements are required as a part of the requested Text Amendment or Use Permit.
ALTERNATIVES
1. Continue the project with direction to the applicant and staff on pertinent issues.
2. Deny the Ordinance to amend Title 17 (Zoning Regulations) to allow a Night Club land
use within the Business Park zone in the Airport Area with a use permit and a mitigated
negative declaration of environmental impact and the Resolution amending the Airport
Area Specific Plan to allow a Night Club land use within the Business Park zone and
approving a use permit for a night club (live indoor/outdoor entertainment) and off-site
parking for SLO Brew at 855 Aerovista and adopting a mitigated negative declaration of
environmental impact based on findings of inconsistency with the General Plan, Zoning
Regulations and applicable City policy.
Attachments:
a - Ordinance Introduction
b - Resolution
c - Planning Commission Resolutions 2-10-16
d - ALUC Action (December 16, 2015)
e - Project Description
f - Vicinity Map
g - Site Plan
h - Security Plans
i - Noise Study
j - SLO Brew initial study
k - PC Draft Minutes 02-10-2016
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O ______
ORDINANCE NO. (2016 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TABLE 9 OF SECTION 17.22.010 OF
THE CITY’S MUNICIPAL CODE (ZONING REGULATIONS)
CONDITIONALLY PERMITTING A NIGHT CLUB LAND USE WITHIN
THE BUSINESS PARK (B-P) ZONE IN THE AIRPORT AREA SPECIFIC
PLAN AREA (CODE-1316-2015)
WHEREAS, on May 5, 2015, the applicant, SLO Brew Investors, LLC, submitted an
application to request an amendment to Table 9 of the San Luis Obispo Municipal Code section
17.22.010 to allow a night club land use (live indoor/outdoor entertainment) within the Business
Park zone of the Airport Area Specific Plan; and
WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo
conducted a public hearing in Board of Supervisors Chambers, County Government Center, 1055
Monterey Street, Room D170, San Luis Obispo, California, on December 16, 2015, and
recommended approval of the amendments to the Municipal Code; and
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 February 10, 2016, and recommended approval of the amendments Table 9 of San
Luis Obispo Municipal Code section 17.22.010 to allow a night club land use within the
Business Park zone of the Airport Area Specific Plan; and
WHEREAS, the City Council on April 19, 2016, considered the request of the an
amendment to Title 17(Zoning Regulations) and the Airport Area Specific Plan to allow a night
club land use (live indoor/outdoor entertainment) within the Business Park zone with a use
permit (CODE-1316-2015); and,
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, and the evaluation and recommendations by staff, presented
at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council hereby finds that the proposed amendments
will not significantly alter the character of the City or cause significant health, safety or welfare
concerns, since the amendments are consistent with the General Plan and directly implement
City goals and policies.
SECTION 2. Action. Table 9 of the San Luis Obispo Municipal Code section 17.22.010
is hereby amended as set forth in Exhibit “A” attached hereto and incorporated herein by this
reference.
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Ordinance No. _______________ (2016 Series) Page 2
O ______
SECTION 3. Environmental Determination. The City Council has considered the
proposed Mitigated Negative Declaration of Environmental Impact (“MND”) for this project
which was adopted by Resolution No. ______ (2016 Series) together with all comments received
during the public review period, and, on the basis of the whole record before it, hereby finds that
(1) potentially significant environmental effects were identified but mitigation measures to be
included and incorporated into the text amendments to avoid or reduce the effects to a point
where clearly no significant effect on the environment would occur; (2) there is no substantial
evidence that the text amendment will have a significant effect on the environmental; and (3) the
MND reflects the City of San Luis Obispo’s independent judgment and analysis.
SECTION 4. Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and, to
that end the provisions hereof are severable.
SECTION 5. A summary of this ordinance, approved by the City Attorney, together with
the names of the Council members voting for and against it, shall be published at least five days
prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This
ordinance will go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____________ 2016, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the ____ day of 201 6, on the following roll call
vote:
AYES:
NOES:
ABSENT:
________
Mayor Jan Marx
ATTEST:
____________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
____________________________
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Ordinance No. _______________ (2016 Series) Page 3
O ______
J. 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 ______ day of ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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Ordinance No. _______________ (2016 Series) Page 4
O ______
TABLE 9 - USES ALLOWED BY ZONE - Continued
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1 R2 R3 R4 PF O (1)C-N C-C C-D C-R C-T C-S M BP Regulations
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Club, lodge, private meeting hall D D A D A/D D D D
Commercial recreation facility - Indoor PC D D D D D(12)PC D 17.08.060
Commercial recreation facility - Outdoor PC PC
Educational conferences D D D D 17.08.010.C.6
Fitness/health facility D A D D PC A A D
Golf Course PC
Library, museum PC D D D D
Library, branch facility D D D D
Night club D D D D D D PC (14)Chapter 17.95
Park, playground D D A A A A D D A A A
Public assembly facility PC D D D D PC
Religious facility PC D D D D A D D D A D(7)D(7)D(7)
PC PC
School - College, university campus PC
School - Elementary, middle, secondary PC PC D D PC D
School - Specialized education/training PC A/D A/D A A A
Special event D D D D D D D D D 17.08.010
Sports and active recreation facility PC PC PC PC
Sports and entertainment assembly facility PC PC
Studio - Art, dance, martial arts, music, etc.D D A/D A/D A PC A
Theater PC(8)D D D D Chapter 17.95
Theater - Drive-in PC PC
RESIDENTIAL USES
Boarding/rooming house, dormitory PC D D D Chapter 17.20
Caretaker quarters A A A A A A A A A A A A A A A D
Convents and monasteries PC A A D
Fraternity, sorority PC PC
High occupancy residential use D D
Home occupation H H H H H H H H H H H H H H 17.08.090
Live/work units A A A A A 17.08.120
Mixed-use project A A A A A A PC PC 17.08.072
A A A A A A A A
Mobile home park A A A A
Multi-family dwellings A A A A D D
A A A A A A A/D A/D A/D D
A A A A A D A/D A/D D
Residential hospice facility PC PC D PC PC D
Rest home A A A A A D A/D A/D D
Single-family dwellings A A A(2)A A A A D D
Secondary dwelling units A A A A A Chapter 17.21
Work/live units D D 17.08.120
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above H = Home Occupation Permit required
Note:Footnotes affecting specific land uses follow the table.
Mobile home as temporary residence at
building site
Residential care facilities - 6 or fewer
residents
Residential care facilities - 7 or more
residents
School - Boarding school, elementary, middle,
secondary
School - College, university - Satellite
classroom facility
EXHIBIT A 11.c
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Ordinance No. _______________ (2016 Series) Page 5
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Notes to Table 9:
1. Ozone - All uses. A Use Permit is required for the conversion of residential structures to
non-residential uses. In order to approve a Use Permit, the Director shall first find that:
a. The location, orientation, height, and mass of new structures will not significantly affect privacy in
nearby residential areas; and
b. The project location or access arrangements will not significantly direct traffic to local st reets in
nearby residential areas; and
c. The project includes landscaping and yards that adequately separate parking and pedestrian
circulation areas from sites in nearby residential areas.
2. R-1 zone - Multiple dwellings. Except for condominiums, the construction of more than one
dwelling on a parcel in the R-1 zone requires Administrative Use Permit approval. R-1 density
standards apply.
3. C-N zone - Limitations on floor area. A general retail use in the C-N zone shall not exceed a gross
floor area of 2,000 square feet for each establishment, or a combined floor area of all general retail
establishments within a shopping center of 25 percent of the total floor area in a shopping center with
a gross floor area of 15,000 square feet or more; and shall not exceed 50 percent of the total floor
area in a shopping center with a gross floor area of less than 15,000 square feet. The Administrative
Use Permit may provide for exceptions to the floor area limitations above. For general retail uses
with a floor area greater than 2,000 square feet on a parcel not located within a shopping center, an
Administrative Use Permit shall be required to insure consistency with policies of the General Plan
Land Use Element and compatibility with surrounding uses.
4. C-S and M zones - Required findings for offices. The approval of an office facility in the C-S or M
zone shall require that the review authority first find that:
a. The project will be compatible with existing and allowed land uses in the area;
b. The project location or access arrangements will not significantly direct traffic to use local or
collector streets in residential zones;
c. The project will provide adequate mitigation to address potential impacts related to nois e, light
and glare, and loss of privacy, among others, imposed by commercial activities on nearby
residential areas, by using methods such as setbacks, landscaping, berming and fencing;
d. The project will not preclude industrial or service commercial uses in areas especially suited for
these uses when compared with offices; and
e. The project will not create a shortage of C-S- or M-zoned land available for service commercial or
industrial development.
5. C-R zone - Auto sound system installation. Auto sound installation services may be approved
only as an accessory use to the retail sales of auto sound systems on the same site. Use Permit
review shall consider parking space displacement, noise from the operation, and the appearance and
visibility of the installation area.
6. Parking as a principal use. Use Permit approval may include deviations to otherwise applicable
setback requirements and building height limits. A multi-level parking facility shall require the
approval of a Use Permit by the Planning Commission.
7. Religious facilities.
a. C-S zone requirements. Use Permit review shall consider that the C-S zone is primarily
intended to accommodate uses not generally suited to other commercial zones because of noise,
truck traffic, visual impacts and similar factors. A Use Permit may be approved only when the
religious facility will not likely cause unreasonable compatibility problems with existing or likely
EXHIBIT A 11.c
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Ordinance No. _______________ (2016 Series) Page 6
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future service commercial uses in the vicinity. Use Permit conditions may include measures to
mitigate incompatibility.
b. C-T and M zone requirements. A religious facility use may be allowed only inside an existing
building.
8. PF zone - Theaters. Only non-profit theaters are permitted.
9. Day care centers. Allowed by right where accessory to a church or school, or where an employer
provides on-site child care to 14 or fewer children for the exclusive benefit of employees, providing
the primary use meets City parking standards.
10. Groceries, Liquor, Specialty Foods in the CN Zone. In the C-N zone, grocery, liquor and
specialty food stores less than 3,000 square feet are allowed. Such uses with a gross floor area
between 3,000 and 5,000 square feet are allowed with the approval of an Administrative Use Pe rmit.
Stores between 5,000 and 10,000 square feet may be approved by Planning Commission Use
Permit. In order for a use permit to be approved by the Hearing Officer or by the Planning
Commission, the deciding body must find that the proposed use is compatible with surrounding uses
and the surrounding neighborhood, and that the use is consistent with the purpose and intent of the
Neighborhood Commercial designation as discussed in the General Plan.
11. In order to approve a Medical Service use in the C-S or BP zones, the Hearing Officer must make
the following findings:
a) The proposed medical service is compatible with surrounding land uses.
b) The proposed medical service is located along a street designated as an arterial or commercial
collector in the Circulation Element and has convenient access to public transportation.
c) The proposed medical service will not significantly increase traffic or create parking impacts in
residential neighborhoods.
d) The proposed medical service is consistent with the Airport Land Use Plan.
e) The project will not preclude service commercial uses in areas especially suited for these uses
when compared with medical services.
f) The project site can accommodate the parking requirements of the proposed medical ser vice
and will not result in other lease spaces being under -utilized because of a lack of available
parking.
12. C-S zone - Required findings for Indoor Commercial Recreational Facilities. Commercial indoor
recreational uses in the C-S zone shall not include less than 10,000 square feet gross floor area per
establishment. The approval of an indoor commercial recreational facility in the C -S zone shall
require that the review authority first find that:
a) The proposed use will serve the community, in whole or in significant part, and the nature of the
use requires a larger size in order to function;
b) The project will be compatible with existing and allowed land uses in the area;
c) The project location or access arrangements will not significant ly direct traffic to use local or
collector streets in residential zones;
d) The project will not preclude industrial or service commercial uses in areas especially suited for
these uses when compared with recreational facilities; and
EXHIBIT A
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Ordinance No. _______________ (2016 Series) Page 7
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e) The project will not create a shortage of C-S -zoned land available for service commercial
development.
13. Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when accessory to a
public assembly use, such as a club, lodge, private meetin g hall or religious facility. Safe parking is
prohibited as a primary use in the R-1, R-2, R-3 or R-4 zones and in all applicable zoning districts on
properties that contain residential uses as the primary use.
14. Night club use in the BP zone. Night clubs shall be allowed only in the BP zone of the Airport Area
Specific Plan. Refer to the Allowed uses, Table 4.3, of the Airport Area Specific Plan for more
information.
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RESOLUTION NO. (2016 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TABLE 4.3 OF THE AIRPORT
AREA SPECIFIC PLAN ALLOWING A NIGHT CLUB USE WITHIN THE
BUSINESS PARK ZONE, APPROVING A NIGHT CLUB USE PERMIT
WITH OFF-SITE PARKING IN THE BUSINESS PARK ZONE AT 855
AEROVISTA PLACE AND ADOPTING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS REPRESENTED IN
THE STAFF REPORT AND ATTACHMENTS DATED APRIL 19, 2016
(CODE-1316-2015)
WHEREAS, the applicant, on May 5, 2015, submitted an application to amend the
Airport Area Specific Plan and for a use permit to allow a night club (live indoor/outdoor
entertainment) with off-site parking at 855 Aerovista Place; and
WHEREAS, the Airport Land Use Commission of the County of San Luis Obispo
conducted a public hearing in Board of Supervisors Chambers, County Government Center, 1055
Monterey Street, Room D170, San Luis Obispo, California, on December 16, 2015, and
recommended approval of amendments to the Airport Area Specific Plan; and
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 February 10, 2016, and recommended approval of the amendments to the Airport
Area Specific Plan and night club use permit with off-site parking within the Business Park zone
at 855 Aerovista Place; and
WHEREAS, the City Council on April 19, 2016, considered the request to amend the
Airport Area Specific Plan to allow a night club use within the Business Park zone and for a
night club use permit with off-site parking within the Business Park zone at 855 Aerovista Place
(CODE-1316-2015); and,
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, and the evaluation and recommendations by staff, presented
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:
Airport Area Specific Plan
1. The Amendments to the Airport Area Specific Plan conditionally permitting a night club
use within the Business Park Zone is consistent with the General Plan policies and will
not be detrimental to the health, safety and welfare of the City.
Night club
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Resolution No. _______________ (2016 Series) Page 2
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2. 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, impacts to police resources, and there are no nearby residential
uses.
3. Locating a live indoor/outdoor entertainment use outside of the downtown is appropriate
because currently no sites exist downtown that would allow for live indoor/outdoor
entertainment for a large number of people without impacting other uses. The location of
a night club within the business park zone, near the airport, is appropriate because the use
is not impacted by airport noise and is not located near residential uses.
4. As conditioned, the proposed project is consistent with Section 4.2.1 of the Airport Area
Specific Plan because the proposed use is supportive of the primary activity and part of
the promotion of the SLO Brew Production Facility.
5. As conditioned, the project is consistent with the Airport Land Use Plan.
6. The property owner has agreed to conditions of approval that place restrictions on their
use of the property to insure that nuisances and significant burdens on police resources do
not occur.
7. As conditioned, the proposed use is compatible with the project site and with existing and
potential uses in the vicinity which include offices, a gym, and a beer brewing facility.
Conditions of approval have been adopted to minimize potential disturbances to
neighboring properties.
Off-site Parking
8. Off-site parking is acceptable at this location because proposed off-site parking is within
a zone where the use is allowed, within 300 feet of the use, and is not separated from the
use by any feature that would make pedestrian access inconvenient or hazardous.
9. Off-site parking is acceptable at this location because the site on which the parking is
located is owned by the party controlling the use.
SECTION 2. Amendment of Airport Area Specific Plan. Table 4.3 of the Airport
Area Specific Plan is hereby amended as set forth in Exhibit “A” attached hereto and
incorporated herein by this reference.
SECTION 3. Action on Use Permit. The City Council hereby approves the use permit
for a night club use at 855 Aerovista Place (CODE-1316-2015), based on the above and subject to
the following conditions:
Planning Division
1. The applicant shall defend, indemnify and hold harmless the City and/or its agents,
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Resolution No. _______________ (2016 Series) Page 3
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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.
2. Hours of operation for the proposed use shall not be outside the hours from 6:00 p.m. to
11:00 p.m., Fridays and 10:00 a.m. to 11:00 p.m. Saturday and Sundays. Changes in the
hours of operation shall require an amendment to this use permit or require an additional
use permit as determined by the Community Development Director.
3. An off-site parking agreement that satisfies parking requirements shall be signed and
recorded to the satisfaction of the City Attorney and Community Development Director
prior to occupancy. A minimum of 61 parking spaces shall be provided in an off-site
parking location located within 300 feet of the subject location.
4. If parking availability becomes impacted, the City retains the right to require additional
parking mitigation measures, including but not limited to revocation of this use permit,
limiting occupancy loads or additional off-site parking agreements with adjacent property
owners.
5. No wedding ceremonies or other similar noise-sensitive events and/or activities are
allowed on the outdoor portions of the property, and any indoor uses must comply with
applicable density restrictions within the Airport Land Use Plan.
6. The combination of amplified music, voice and crowd noise on the subject site shall not
exceed 90 dBA at 20 feet from the speakers as specified in the Noise Analysis prepared
by David Lord, which exceeds the City’s Noise Ordinance requirement for the use. All
outdoor speakers shall be oriented inward to the site away from residences to the east of
Broad Street at all times.
7. The patio will be maintained in an orderly manner, and will be properly supervised and
controlled at all times to prevent alcoholic beverages from leaving the area. No alcoholic
beverages shall be consumed on any property adjacent to the licensed premises under the
control of the applicant.
8. 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.
9. The night club shall not exceed a maximum number of 600 persons in attendance to any
event.
10. 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
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Resolution No. _______________ (2016 Series) Page 4
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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.
11. All employees shall attend ABC LEAD Training or equivalent training.
12. The applicant shall be responsible for an on-going security/safety plan that incorporates
regular training to accommodate changes in personnel. The applicant shall be responsible
for managing outdoor crowds and queuing as a result of this use and the site shall be
maintained in a neat and orderly manner at all times.
13. 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 shall be maintained. This queue shall not block egress from any exits or the
patio seating area exit.
14. 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).
15. 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.
16. 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.
17. Upon a significant change to the business as identified in the applicant’s project
description, final security plan, and Staff Report dated February 10, 2016 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.
18. No structure, landscaping, apparatus, or other feature, whether temporary or permanent in
nature shall constitute an obstruction to air navigation or a hazard to air navigation, as
defined by the ALUP.
19. Any use is prohibited that may entail characteristics which would potentially interfere
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with the takeoff, landing, or maneuvering of aircraft at the Airport, including:
creation of electrical interference with navigation signals or radio communication
between the aircraft and airport;
lighting which is difficult to distinguish from airport lighting;
glare in the eyes of pilots using the airport;
uses which attract birds and create bird strike hazards;
uses which produce visually significant quantities of smoke; and
uses which entail a risk of physical injury to operators or passengers of aircraft (e.g.,
exterior laser light demonstrations or shows).
20. Avigation easements will be recorded for each property developed within the area
included in the proposed local action prior to the issuance of any building permit or
conditional use permit.
21. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) will receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior
to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any
property or properties within the airport area.
22. This use permit for a Night Club use at 855 Aerovista Place shall not be effective until
the effective date of Ordinance No. ___________ amending Title 17 of the City’s Zoning
Code conditionally permitting Night Club land uses within the Business Park zone of the
Airport Area Specific Plan Area.
Transportation Department
23. Due to peak hour congestion levels along the Broad Street Corridor events shall not be
permitted Friday between the hours of 4:00 pm and 6:00 pm.
24. Vehicle trips associated with the subject property shall be less than 35 per hour (the base
trip generation for the brewery manufacturing and restaurant use excluding the event use)
on Fridays between the hours of 4:00 p.m. to 6:00 p.m. If the number of trips exceeds the
35 trips per hour threshold during this period, then the events permitted under this use
permit related to the night club use shall be further prohibited on Friday night up until
8:00 pm or prohibited on Friday nights altogether, at the discretion of the Public Works
Director.
Building Department
25. The project requires a building permit for change of use and/or occupancy. Additional
requirements will be included when an application for that building permit is submitted
for review.
Fire Department
26. The building permit submitted for the change of use and/or occupancy shall show
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occupancy load calculations for nightclub/music use and for other proposed uses of the
building room(s) use based on 5, 7, and 15 square feet per occupant. Occupancy load
calculations shall be submitted by a state-licensed architect.
27. The applicant shall submit a written safety policy/plan for maintaining the maximum
occupant load in the assembly areas of the building (to avoid overcrowding) for any
nightclub/music use.
28. The building permit submitted for the change of use and/or occupancy shall clarify if this
mezzanine is proposed for a B occupancy or an Assembly occupancy (mezzanine on east
side of building specifies an Assembly occupancy with only one stairway).
29. Any/all changes to the current/proposed building plans shall be in compliance with the
2013 California Building Code, including any required occupancy separations.
SECTION 4. Environmental Determination. The City Council has considered the
proposed Mitigated Negative Declaration of Environmental Impact (“MND”) together with all
comments received during the public review period, and, on the basis of the whole record before
it, hereby finds that (1) potentially significant environmental effects were identified but
mitigation measures to be included avoid or reduce the effects to a point where clearly no
significant effect on the environmental would occur; (2) there is no substantial evidence that the
project will have a significant effect on the environment; and (3) the MND reflects the City of
San Luis Obispo’s independent judgment and analysis. Based on the foregoing, the Council
hereby adopts the proposed MND with incorporation of the following mitigation measures and
monitoring programs:
Transportation/Traffic
Mitigation Measure T-1: Night club use permit events shall not be permitted on Fridays between
the hours of 4:00 pm and 6:00 pm.
Monitoring Plan, T-1: The hours of operation shall be included as part of the business license
application and will be incorporated as part of the conditions of approval for the use permit.
City staff will periodically inspect the site for continued compliance with the above
mitigation measures.
Mitigation Measure T-2: Vehicle trips associated with the subject property shall be less than 35
per hour (the base trip generation for the brewery manufacturing and restaurant use excluding the
event use) on Fridays between the hours of 4:00 p.m. to 6:00 p.m. If the number of trips exceeds
the 35 trips per hour threshold during this period, then the events permitted under this use permit
related to the night club use shall be further prohibited on Friday night up until 8:00 pm or
prohibited on Friday nights altogether, at the discretion of the Public Works Director.
Monitoring Plan, T-2: Within one year of the effective date of this use permit and annually
thereafter, City staff will periodically conduct traffic counts during Friday events to
determine the number of trips associated with the Subject property on Friday night between
the hours of 4:00 p.m. to 6:00 p.m.
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Resolution No. _______________ (2016 Series) Page 7
R ______
.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this ____ day of ___________________, 2016.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
J. 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 ______ day of ______________, _________.
______________________________
Lee Price, MMC
Interim City Clerk
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Table 4.3 – Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Land Use
Zoning District
PF C-S M BP
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Bar/tavern D D D1
Club, lodge, private meeting hall D
Commercial recreation facility - Indoor PC PC D
Commercial recreation facility – Outdoor PC PC
Fitness/health facility A A A1
Night club D PC3,9
Park, playground D
Public assembly facility PC PC
Religious facility8 D D2
School – Specialized education/training8 A A D
Sports and active recreation facility PC PC PC
Sports and entertainment assembly facility PC PC
Land Use
Zoning District
PF C-S M BP
RESIDENTIAL USES
Caretaker quarters7 A A A D
EXHIBIT A
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Resolution No. _______________ (2016 Series) Page 2
R ______
Numbered Notes to Table 4.3:
1. These activities are considered secondary uses for business parks.
Within a development project site, their combined floor area shall not
exceed 25 percent of the total floor area. Some are also subject to
limits on individual floor area, as shown in the body of the table. Floor
area limitations shall not apply to bank headquarters.
2. Use permit review shall consider that the C-S zone is primarily intended
to accommodate uses not generally suited to other commercial zones
because of noise, truck traffic, visual impacts and similar factors. A use
permit may be approved only when the church will not likely cause
unreasonable compatibility problems with existing or likely future service
commercial uses in the vicinity. Use permit conditions may include
measures to mitigate incompatibility.
3. In the C-S zone, nightclubs must contain a minimum of four thousand
five hundred square feet of floor area. In the BP zone, no minimum
floor area is required for nightclubs. The required use permit process
for both the C-S and BP zones shall address parking, neighborhood
compatibility and security issues.
4. In order to approve a Medical Service use in the C-S or BP zones, the
Hearing Officer must make the following findings:
a) The proposed medical service is compatible with surrounding land
uses.
b) The proposed medical service is located along a street designated
as an arterial or commercial collector in the Circulation Element and
has convenient access to public transportation.
c) The proposed medical service will not significantly increase traffic or
create parking impacts in residential neighborhoods.
d) The proposed medical service is consistent with the Airport Land
Use Plan.
e) The project will not preclude service commercial uses in areas
especially suited for these uses when compared with medical
services.
f) The project site can accommodate the parking requirements of the
proposed medical service and will not result in other lease spaces
being under-utilized because of a lack of available parking.
5. Allowed by right only in the S-1c and S-2 aviation safety areas (as
defined in the ALUP), where an employer provides on-site child care to
14 or fewer children for the exclusive benefit of employees. Larger
facilities for employees may be approved by the Planning Commission,
if allowed by the Airport Land Use Commission.
6. Broadcast studios are allowed by right except that an administrative use
permit is required to permit any on-site antennas, dishes, or
transmission towers; or any radio, microwave other type of airbound
transmission from the project site or any other site within the Airport
Area.
7. Caretakers quarters shall have a maximum floor area of 1,000 square
feet and shall not be allowed in aviation safety area S -1a or the runway
protection zone, as defined in the ALUP.
8. These uses are identified in the San Luis Obispo County Regional
Airport Land Use Plan as noise-sensitive, specific sound-attenuation
requirements may apply. Refer to the ALUP for more information.
EXHIBIT A
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Resolution No. _______________ (2016 Series) Page 2
R ______
9. Nightclub uses proposed in the BP zone shall meet the standards and
requirements of the Airport Land Use Plan, and shall be referred to the
Airport Land Use Commission for a determination of consistency with
the Airport Land Use Plan. All tall structures shall be reviewed by the
Air Traffic Division of the FAA regional office having jurisdiction over
San Luis Obispo County to determine compliance with the provisions
of FAR Part 77. In addition, applicable construction activities must be
reported via FAA Form 7460-1 at least 30 days before proposed
construction or application for building permit.
EXHIBIT A
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City of San Luis Obispo
Zoning Regulations March 2015
TABLE 9 - USES ALLOWED BY ZONE - Continued
Permit Requirement by Zoning District Specific use
Land Use AGC/OSR1R2R3R4PFO (1)C-NC-CC-DC-RC-TC-SMBP Regulations
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Club, lodge, private meeting hall DD A DA/DDDD
Commercial recreation facility - Indoor PC DDDDD(12)PCD17.08.060
Commercial recreation facility - Outdoor PC PC
Educational conferences DD DD 17.08.010.C.6
Fitness/health facility DADDPCAAD
Golf Course PC
Library, museum PCDDDD
Library, branch facility DDDD
Night club DDDDDD Chapter 17.95
Park, playground DDAAAADDA AA
Public assembly facility PC DDDDPC
Religious facility PCDDDDADDDAD(7)D(7)D(7)
PCPC
School - College, university campus PC
School - Elementary, middle, secondary PCPCDDPC D
School - Specialized education/training PCA/DA/DA AA
Special event DDDDDDDDD17.08.010
Sports and active recreation facility PC PCPCPC
Sports and entertainment assembly facility PC PC
Studio - Art, dance, martial arts, music, etc.D DA/DA/DAPCA
Theater PC(8)DDD DChapter 17.95
Theater - Drive-in PCPC
RESIDENTIAL USES
Boarding/rooming house, dormitory PCD DD Chapter 17.20
Caretaker quarters AAAAAAAAAAAAAAAD
Convents and monasteries PCAA D
Fraternity, sorority PCPC
High occupancy residential use DD
Home occupation HHHHHH HHHHHHHH 17.08.090
Live/work units A AA AA 17.08.120
Mixed-use project AAAAAAPCPC 17.08.072
AAAAAAAA
Mobile home park AAAA
Multi-family dwellings AAA AD D
AAAAA AA/DA/DA/DD
AAAAA D A/DA/DD
Residential hospice facility PCPCDPCPC D
Rest home AAAAA D A/DA/DD
Single-family dwellings AAA(2)AAA AD D
Secondary dwelling units AAAA A Chapter 17.21
Work/live units DD 17.08.120
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above H = Home Occupation Permit required
Note:Footnotes affecting specific land uses follow the table.
Page 102
Residential care facilities - 6 or fewer residents
Residential care facilities - 7 or more residents
School - Boarding school, elementary, middle,
secondary
School - College, university - Satellite classroom
facility
Mobile home as temporary residence at building
site
'
EXHIBIT A
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City of San Luis Obispo
Zoning Regulations March 2015
Page 106
Notes to Table 9:
1.Ozone - All uses.A Use Permit is required for the conversion of residential structures
to non-residential uses. In order to approve a Use Permit, the Director shall first find
that:
a.The location, orientation, height, and mass of new structures will not significantly
affect privacy in nearby residential areas; and
b.The project location or access arrangements will not significantly direct traffic to
local streets in nearby residential areas; and
c.The project includes landscaping and yards that adequately separate parking and
pedestrian circulation areas from sites in nearby residential areas.
2.R-1 zone - Multiple dwellings.Except for condominiums, the construction of more
than one dwelling on a parcel in the R-1 zone requires Administrative Use Permit
approval. R-1 density standards apply.
3.C-N zone - Limitations on floor area.A general retail use in the C-N zone shall not
exceed a gross floor area of 2,000 square feet for each establishment, or a combined
floor area of all general retail establishments within a shopping center of 25 percent of
the total floor area in a shopping center with a gross floor area of 15,000 square feet or
more; and shall not exceed 50 percent of the total floor area in a shopping center with a
gross floor area of less than 15,000 square feet. The Administrative Use Permit may
provide for exceptions to the floor area limitations above. For general retail uses with a
floor area greater than 2,000 square feet on a parcel not located within a shopping
center, an Administrative Use Permit shall be required to insure consistency with
policies of the General Plan Land Use Element and compatibility with surrounding
uses.
4.C-S and M zones - Required findings for offices.The approval of an office facility in
the C-S or M zone shall require that the review authority first find that:
a.The project will be compatible with existing and allowed land uses in the area;
b.The project location or access arrangements will not significantly direct traffic to
use local or collector streets in residential zones;
c.The project will provide adequate mitigation to address potential impacts related to
noise, light and glare, and loss of privacy, among others, imposed by commercial
activities on nearby residential areas, by using methods such as setbacks,
landscaping, berming and fencing;
d.The project will not preclude industrial or service commercial uses in areas
especially suited for these uses when compared with offices; and
e.The project will not create a shortage of C-S- or M-zoned land available for service
commercial or industrial development.
5.C-R zone - Auto sound system installation.Auto sound installation services may be
approved only as an accessory use to the retail sales of auto sound systems on the
same site. Use Permit review shall consider parking space displacement, noise from
the operation, and the appearance and visibility of the installation area.
6.Parking as a principal use.Use Permit approval may include deviations to otherwise
applicable setback requirements and building height limits. A multi-level parking facility
shall require the approval of a Use Permit by the Planning Commission.
7.Religious facilities.
EXHIBIT A
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City of San Luis Obispo
March 2015 Zoning Regulations
Page 107
a.C-S zone requirements.Use Permit review shall consider that the C-S zone is
primarily intended to accommodate uses not generally suited to other commercial
zones because of noise, truck traffic, visual impacts and similar factors. A Use
Permit may be approved only when the religious facility will not likely cause
unreasonable compatibility problems with existing or likely future service
commercial uses in the vicinity. Use Permit conditions may include measures to
mitigate incompatibility.
b.C-T and M zone requirements.A religious facility use may be allowed only inside
an existing building.
8.PF zone - Theaters.Only non-profit theaters are permitted.
9.Day care centers.Allowed by right where accessory to a church or school, or where
an employer provides on-site child care to 14 or fewer children for the exclusive benefit
of employees, providing the primary use meets City parking standards.
10.Groceries, Liquor, Specialty Foods in the CN Zone.In the C-N zone, grocery, liquor
and specialty food stores less than 3,000 square feet are allowed. Such uses with a
gross floor area between 3,000 and 5,000 square feet are allowed with the approval of
an Administrative Use Permit. Stores between 5,000 and 10,000 square feet may be
approved by Planning Commission Use Perm it. In order for a use permit to be
approved by the Hearing Officer or by the Planning Commission, the deciding body
must find that the proposed use is compatible with surrounding uses and the
surrounding neighborhood, and that the use is consistent with the purpose and intent of
the Neighborhood Commercial designation as discussed in the General Plan.
11.In order to approve a Medical Service use in the C-S or BP zones, the Hearing Officer
must make the following findings:
a)The proposed medical service is compatible with surrounding land uses.
b)The proposed medical service is located along a street designated as an arterial
or commercial collector in the Circulation Element and has convenient access to
public transportation.
c)The proposed medical service will not significantly increase traffic or create
parking impacts in residential neighborhoods.
d)The proposed medical service is consistent with the Airport Land Use Plan.
e)The project will not preclude service commercial uses in areas especially suited
for these uses when compared with medical services.
f)The project site can accommodate the parking requirements of the proposed
medical service and will not result in other lease spaces being under-utilized
because of a lack of available parking.
12.C-S zone - Required findings for Indoor Commercial Recreational Facilities.
Commercial indoor recreational uses in the C-S zone shall not include less than
10,000 square feet gross floor area per establishment. The approval of an indoor
commercial recreational facility in the C-S zone shall require that the review authority
first find that:
a)The proposed use will serve the community, in whole or in significant part, and
the nature of the use requires a larger size in order to function;
EXHIBIT A
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City of San Luis Obispo
Zoning Regulations March 2015
Page 108
b)The project will be compatible with existing and allowed land uses in the area;
c)The project location or access arrangements will not significantly direct traffic to
use local or collector streets in residential zones;
d)The project will not preclude industrial or service commercial uses in areas
especially suited for these uses when compared with recreational facilities; and
e)The project will not create a shortage of C-S-zoned land available for service
commercial development.
13.Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when
accessory to a public assembly use, such as a club, lodge, private meeting hall or
religious facility. Safe parking is prohibited as a primary use in the R-1, R-2, R-3 or R-4
zones and in all applicable zoning districts on properties that contain residential uses as
the primary use.
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EXHIBIT A
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LAND USE | 4-15
Table 4.3 – Allowed Uses
Key: A = Allowed D = Allowed by Administrative Use Permit PC = Allowed by Planning Commission Use Permit Footnotes (see end of table)
Land Use
Zoning District
PF C-S M BP
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Bar/tavern D D D1
Club, lodge, private meeting hall D
Commercial recreation facility - Indoor PC PC D
Commercial recreation facility – Outdoor PC PC
Fitness/health facility A A A1
Night club D
Park, playground D
Public assembly facility PC PC
Religious facility8 D D2
School – Specialized education/training8 A A D
Sports and active recreation facility PC PC PC
Sports and entertainment assembly facility PC PC
RESIDENTIAL USES
Caretaker quarters A A A D
D3,9
EX
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LAND USE | 4-19
Numbered Notes to Table 4.3:
1.These activities are considered secondary uses for business parks.
Within a development project site, their combined floor area shall not
exceed 25 percent of the total floor area. Some are also subject to
limits on individual floor area, as shown in the body of the table. Floor
area limitations shall not apply to bank headquarters.
2.Use permit review shall consider that the C-S zone is primarily
intended to accommodate uses not generally suited to other
commercial zones because of noise, truck traffic, visual impacts and
similar factors. A use permit may be approved only when the church
will not likely cause unreasonable compatibility problems with existing
or likely future service commercial uses in the vicinity. Use permit
conditions may include measures to mitigate incompatibility.
3.In the C-S zone, nightclubs must contain a minimum of four thousand
five hundred square feet of floor area. In the BP zone, no minimum floor
area is required for nightclubs. The required use permit process for both
the C-S and BP zones shall address parking, neighborhood
compatibility and security issues.
4.In order to approve a Medical Service use in the C-S or BP zones, the
Hearing Officer must make the following findings:
a)The proposed medical service is compatible with surrounding land
uses.
b)The proposed medical service is located along a street
designated as an arterial or commercial collector in the Circulation
Element and has convenient access to public transportation.
c)The proposed medical service will not significantly increase traffic
or create parking impacts in residential neighborhoods.
d)The proposed medical service is consistent with the Airport Land
Use Plan.
e)The project will not preclude service commercial uses in areas
especially suited for these uses when compared with medical
services.
f)The project site can accommodate the parking requirements of
the proposed medical service and will not result in other lease
spaces being under-utilized because of a lack of available
parking.
5.Allowed by right only in the S-1c and S-2 aviation safety areas (as
defined in the ALUP), where an employer provides on-site child care
to 14 or fewer children for the exclusive benefit of employees. Larger
facilities for employees may be approved by the Planning
Commission, if allowed by the Airport Land Use Commission.
6.Broadcast studios are allowed by right except that an administrative
use permit is required to permit any on-site antennas, dishes, or
transmission towers; or any radio, microwave or other type of
airbound transmission from the project site or any other site within the
Airport Area.
7.Caretakers quarters shall have a maximum floor area of 1,000 square
feet and shall not be allowed in aviation safety area S-1a or the
runway protection zone, as defined in the ALUP.
8.These uses are identified in the San Luis Obispo County Regional
Airport Land Use Plan as noise-sensitive, specific sound-attenuation
requirements may apply. Refer to the ALUP for more information.
9.Nightclub uses proposed within the BP zone shall meet the standards
and requirements of the Airport Land Use Plan, and shall be referred to
the Airport Land Use Commission for a determination of consistency
with the Airport Land Use Plan.
EX
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SAN LUIS OBISPO COUNTY
AIRPORT LAND USE COMMISSION
Chairman: Roger Oxborrow
Commissioners: William (Bill) Borgsmiller
Michael Cripe
Craig Piper
John Eichler
Allen Settle
Erich Schaefer
NOTICE OF AIRPORT LAND USE COMMISSION ACTION
ALUC 2015-004
HEARING DATE: December 16, 2015
RECOMMENDATION TO: City of San Luis Obispo
SUBJECT: A mandatory referral by the City of San Luis Obispo (City) for a determination
of consistency or inconsistency for the SLO Brew Production Facility Zoning
Text Amendment and Specific Plan Amendment to add "Night Club" as an
allowed use in the Business Park Zone.
On December 16, 2015, the Airport Land Use Commission determined the above referenced
project Consistent with the San Luis Obispo County Regional Airport Land Use Plan (ALUP)
and referred it back to the City of San Luis Obispo, Rachel Cohen, Project Manager, on the
basis the Findings and Revised Conditions in the staff report.
If you have any questions regarding this matter, please contact me at (805) 781-5718.
Sincerely,
Nicole Retana, Secretary
Airport Land Use Commission
(Planning Department Use Only)
Enclosed: _2L Airport Land Use Commission Staff Report
976 OSOS STREET, ROOM 300 •SAN LUIS OBISPO• CALIFORNIA 93408 • (805) 781-5600 • TIY /TDD RELAY -711
planning@co.slo.ca.us • FAX: (805) 781-1242 • HTTP://www.slocounty.ca.gov/planning.htm
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STAFF REPORT
SAN LUIS OBISPO COUNTY AIRPORT LAND USE COMMISSION
DATE: DECEMBER 16, 2015
TO: AIRPORT LAND USE COMMISSION (ALUC)
FROM: BRIAN PEDROTTI, AIRPORTS PLANNER, COUNTY PLANNING AND BUILDING
REFERRING
AGENCY: CITY OF SAN LUIS OBISPO
APPLICANT: SLO BREW PRODUCTION FACILITY
CITY FILE NUMBER: CODE-1316-2015
PROJECT MANAGER: RACHEL COHEN, CITY OF SLO
SUBJECT: HEARING TO CONSIDER A MANDATORY REFERRAL BY THE CITY OF SAN
LUIS OBISPO (CITY) FOR A DETERMINATION OF CONSISTENCY OR
INCONSISTENCY FOR THE SLO BREW PRODUCTION FACILITY ZONING
TEXT AMENDMENT AND SPECIFIC PLAN AMENDMENT TO ADD "NIGHT
CLUB" AS AN ALLOWED USE IN THE BUSINESS PARK ZONE. THE
PURPOSE OF THE AMENDMENT IS TO ALLOW LIVE OUTDOOR
ENTERTAINMENT AT THE SLO BREWING PRODUCTION FACILITY IN THE
AEROVISTA BUSINESS PARK.
LOCATION: THE PROPOSAL APPLIES TO THE BUSINESS PARK ZONE WITHIN THE
AIRPORT AREA SPECIFIC PLAN OF THE CITY OF SAN LUIS OBISPO,
INCLUDING AREAS WEST OF HIGHWAY 227 AND AROUND TANK FARM
ROAD, AS WELL AS THE SAN LUIS RANCH PROPERTY. THE SPECIFIC
PROPOSAL SITE IS A 3.49-ACRE PROPERTY (APN: 053-412-022) LOCATED
AT 855 AEROVISTA PLACE WITHIN THE CITY OF SAN LUIS OBISPO, WITHIN
THE AEROVISTA BUSINESS PARK, AND APPROXIMATELY 300 FEET FROM
THE INTERSECTION OF AEROVISTA PLACE AND HIGHWAY 227. THE
PROPERTY IS WITHIN THE BUSINESS PARK ZONE. THE PROPOSED
PROJECT IS LOCATED IN THE SAN LUIS OBISPO COUNTY REGIONAL
AIRPORT LAND USE PLAN (ALUP)-AVIATION SAFETY AREAS S-1c.
RECOMMENDATION:
Recommend a determination of consistency to the City of San Luis Obispo for the proposed
Zoning Text Amendment and Specific Plan Amendment to add "night club" as an allowed use in
the Business Park Zone applicable only to the SLO Brewing Facility Project Site in accordance
with Section 2. 7 of the ALUP and subject to the eight conditions of approval set forth on pages and
7 and 8 of this report, and that future "night club" uses in all other areas of the AASP Business
Park Zone shall be required to meet the standards and requirements of the Airport Land Use Plan
and shall be referred to the Airport Land Use Commission for a determination of consistency with
the Airport Land Use Plan.
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Finding(s):
1. The proposed amendment to add "night club" to the BP zone is consistent with General
Land Use Policy G-3, because the project is consistent with the applicable Specific Land
Use Policies for Noise and Safety with conditions of approval that require specific siting of
the use and referral to the Airport Land Use Commission for future proposals. An
amendment to add "night club" to the specific SLO Brewing Facility property (APN: 053:.
412-022) is consistent with the General Land Use policies because all information required
for review has been provided by the referring agency; and the specific project does not
present specific incompatibilities to the continued economic vitality and efficient operation
of the Airport with respect to safety, noise, overflight or obstacle clearance.
2. The proposed amendment to add "night club" to the BP zone is consistent with the Specific
Land Use Policies for Noise because conditions of approval are included that require that
future development proposals are referred to the ALUC in all portions of the Business Park
Zone. An amendment to add "night club" to the specific SLO Brewing Facility property
(APN: 053-412-022) is consistent with the Specific Land Use Policies for Noise because
although the use is inconsistent with the strict application of the policies, the proposed
individual project presents a unique circumstance whereby live outdoor music associated
with a brewery involves sound amplification and the expectation of higher decibel levels
among the outdoor seated patrons. Additionally, noise-sensitive uses such as wedding
ceremonies are restricted in the conditions of approval.
3. The proposed amendment to add "night club" to the BP zone is consistent with the Specific
Land Use Policies for Safety because the density of future nonresidential development with
a proposed "night club" use will be required to conform to the ALUP. An amendment to add
"night club" to the specific SLO Brewing Facility property (APN: 053-412-022) is consistent
with the Specific Land Use Policies for Safety because 1) the project is consistent with the
120 person/acre maximum density of non-residential use in Table 7, and 2) although the
use is inconsistent with the strict application of Table 8, the proposed individual project
presents a unique circumstance whereby the maximum attendance of 600 people is
anticipated to be congregated both inside and outside within the larger 3.49 acre site during
live outdoor music events, with a non-residential land use density significantly less than
applied in Table 8.
4. As required by the applicable Specific Land Use Policies for Airspace Protection, the
proposed amendment to add "night club" to the BP zone does not approve any specific
development. An amendment to add "night club" to the specific SLO Brewing Facility
property (APN: 053-412-022) does not allow development to exceed 200 feet above ground
level; obstruct the surface of a takeoff and landing area or any imaginary surface
established under Section77.25 or 77.29 of the Federal Aviation Regulations; or allow any
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structure, landscaping, glare, apparatus, or other feature, whether temporary or permanent
in nature to constitute an obstruction to air navigation or a hazard to air navigation.
5. As required by the applicable Specific Land Use Policies for Overflight, the proposed
amendment to add "night club" to the BP zone is consistent with the overflight policies of
the ALUP to ensure that potential and prospective airport area land users are provided with
sufficient information on the presence and activity of the Airport and associated noise and
safety impacts in order for them to make an informed decision as to whether or not they
wish to live and/or work in the Airport area. The majority of property in the BP zone,
including the site of the specific proposed brewery, is adjacent to the airport and is not
located within any flight paths. Individual projects will be required to provide avigation
easements and full and accurate disclosure of airport operations.
6. The proposed amendment to add "night club" to the BP zone will not exceed the maximum
building coverage nor increase densities greater than what is allowed per Table 7 of the
ALUP, because the addition of "night club" does not propose any specific development. An
amendment to add "night club" to the specific SLO Brewing Facility property (APN: 053-
412-022) does not exceed the maximum building coverage nor increase densities greater
than what is allowed per Table 7 of the ALUP because the incorporated conditions of
approval limit the allowed number of people on the site.
PROJECT DESCRIPTION:
Proposal: Add "night club" to existing Business Park Zone (City of San Luis Obispo) to the
Airport Area Specific Plan, and allow "night club" use for the specific SLO Brewing
Facility property (APN: 053-412-022)
Setting: Various
Existing Uses: Various
Site Area: Various properties within the Airport Review Area
DISCUSSION:
Project Description
Proposed Addition of "Night Club" to Business Park Zone (BP)
The applicant has submitted a request to the City of San Luis Obispo to allow "night club" as an
allowed use in the BP zone of the Airport Area Specific Plan (AASP). The addition of this use
necessitates an amendment to the City's General Plan to add the use to the BP zone of the AASP.
Proposed Outdoor Live Music with SLO Brewing Facility
The specific project that has precipitated the addition of "night club" to the BP zone is a request for
outdoor live music at the proposed location of a new brewery and tasting room at 855 Aerovista
Place. The project includes a 10,204 square foot brewery production facility, a 1, 170 square foot
beer tasting area, a 256 square foot kitchen to serve pizza with indoor seating, and 600 square
feet of outdoor seating. The proposal includes a request to host live music for the patrons of the
tasting room around the existing rock outcropping in the outdoor patio area and/or inside the
facility. In addition, the request includes hosting weddings, concerts, or other large party events on
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Friday evenings, Saturdays, and Sundays ending no later than 10:30 pm with a maximum
attendance of 600 people.
Setting/Existing Uses/Site Area
Proposed Addition of "Night Club" to Business Park Zone
The GPA proposal includes the addition of a new "night club" use to the BP zone of the AASP in
the City of San Luis Obispo. These areas include pockets of BP zone west of Highway 227 and
around Tank Farm Road, as well as the San Luis Ranch property. Much of the BP zone is already
developed with a mix of commercial and warehouse uses. Undeveloped BP zone areas include
some parcels around Aerovista Place and at the northwest corner of Tank Farm Road and
Highway 227. A specific plan for the San Luis Ranch property bordered by Buckley Road and
Vachell Lane is currently under review and therefore "night club" uses may or may not apply
depending on the final approval of the specific plan. Night club uses are not anticipated in the San
Luis Ranch property under the current proposal.
Proposed Outdoor Live Music with SLO Brewing Facility
The specific brewery with tasting room is proposed at 855 Aerovista Place on APN 053-412-022
(3.49 acres), with outdoor live music at the base of a large existing rock outcropping. The property
is an undeveloped parcel within the Aerovista Business Park, which includes four, two-story office
buildings that house a variety of professional offices, a fitness facility, and the proposed SLO
Brewery. The Aerovista Business Park campus is on a total of 9.94 acres. The airport is located
directly across Aerovista Place to the west, and property to the north and south is undeveloped.
Airport Land Use Plan Applicability
The project is a request to add "night club" to the City's Business Park Zone to allow live outdoor
entertainment, which is intended to facilitate the addition of live outdoor music to the SLO Brewing
facility. The various locations of BP zoning are located primarily within San Luis Obispo County
Regional Airport Land Use Plan Aviation Safety Area S-1 c with a few areas within Safety Area S-
1 b and a small section within the Runway Protection Zone of the San Luis Obispo County Regional
Airport (SBP) active Runway 29. Portions of the BP Zone are located within the projected 50 dB,
55 dB, and 60 dB airport noise contours, as shown on Exhibit 2 (Airport Noise Contours). Whether
the proposed night club use is an allowable use in accordance with the ALUP 5.3 Land Use
Compatibility Table is dependent on the location and surrounding uses of each specific future
project, because the proposed use is considered a restaurant with exterior seating areas, and this
use within some Airport Noise Exposures and Aviation Safety Areas is allowable (see further
discussion below under Noise and Safety).
ALUP Table 7-Planning Requirements
Proposed Addition of "Night Club" to Business Park Zone
The proposed project to add "night club" to the BP zone in the AASP does not change the
requirements for future individual projects in the BP zone to meet the maximum building coverage,
density of residential use, and density of non-residential use provisions of Table 7. However, the
addition of the proposed "night club" use could facilitate the introduction of venues for live outdoor
music where a higher density of people congregate. Future projects that include the "night club"
use would be required to meet these requirements.
Proposed Outdoor Live Music with SLO Brewing Facility
The AASP allows 120 people per acre as a Cluster Development Zone with approved Airport
Compatible Open Space Plan and Detailed Area Plan. The proposal for live outdoor music for the
SLO Brewing project is consistent with the 120 person/acre maximum density of non-residential
use, because the overall site of the Aerovista Business Park is 9.94 acres, which allows a
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maximum of 1, 192 people on the site. The project applicant proposes a maximum of 600 people
for the outdoor live venue. Events are proposed to be scheduled on Friday evenings, Saturdays,
and Sundays, when minimal employees are within the offices and other businesses that comprise
the Aerovista Business Park.
ALUP Table 8-Non-Residential Land Use Densities
The applicable use category from Table 8 for the proposed "night club" use is Food and Beverage
Service. Future proposals in the BP zone will be required to comply with the non-residential
density requirement of one person per 60 square feet of gross floor area. The proposed SLO
Brewing facility includes a 10,204 square foot brewery production facility, a 1, 170 square foot beer
tasting area, 256 square-foot kitchen, and 600 square feet of outdoor seating for a total area of
12,230 square feet. With a maximum anticipated attendance of 600 people, the proposed facility
exceeds the one person per 60 square feet gross floor area requirement if based on the strict
developed square footage, as the proposal would result in one person per approximately 20
square feet of gross floor area. However, as the maximum attendance of 600 people is anticipated
to be congregated both inside and outside within the larger 3.49 acre site during live outdoor music
events, the non-residential land use density would be significantly less at approximately one
person per 250 square feet.
ALUP 4.2 General Land Use Policies
The proposed project is consistent with the general land use policies because although it is
unknown whether individual projects will conform with all applicable Specific Land Use Policies,
including noise and safety, future night club uses on specific sites will be required to obtain a
determination of consistency by the ALUC. See Specific Land Use Policy section below for more
information.
ALUP 4.3 Specific Land Use Policies: Noise
Proposed Addition of "Night Club" to Business Park Zone
The proposed project is not consistent with the objective of the ALUP noise policies to minimize
the number of people exposed to frequent and/or high levels of airport noise or to frequent and/or
high cumulative noise levels of which airport noise is one component. Outdoor eating and drinking
areas associated with a bar or tavern use is considered an Extremely Noise Sensitive Land Use.
According to Table 5, which summarizes the compatibility of noise sensitive land uses with
projected CNEL contours, these types of land uses are prohibited within the 60 dB contour and
must qualify as Infill development (Section 4.3.2.3) if they are located between the 55 and 60 dB
contours.
Since the Business Park Zone includes areas within the 60 dB contour, as well as areas between
the 55 and 60 dB contours, it is unknown whether future individual projects would be compatible,
prohibited, or would need to qualify as infill if located within these noise contours. Therefore, the
request to add the proposed use to the BP zone is not consistent with the ALUP noise policies.
Staff has included conditions of approval that future "night club" proposals in the BP zone of the
AASP to be referred to the ALUC for a determination of consistency if they fall between the 55 and
60 dB contour, and are prohibited in the 60 dB contour unless the ALUC finds them consistent with
the ALUP by a 2/3 majority vote as described in Section 2.7 of the ALUP.
Proposed Outdoor Live Music with SLO Brewing Facility
The specific request to add outdoor live music to the SLO Brewing Facility is inconsistent with the
noise contour policies of the ALUP. The property is split between being inside the 60 dB CNEL
contour and between the 55 and 60 dB contours, with the outdoor music area primarily inside the
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60 dB contour.
As stated above, outdoor eating and drinking areas associated with a bar or tavern use is
considered an Extremely Noise Sensitive Land Use. According to Table 5, which summarizes the
compatibility of noise sensitive land uses with projected CNEL contours, these types of land uses
are prohibited within the 60 dB contour and must qualify as Infill development (Section 4.3.2.3) if
they are located between the 55 and 60 dB contours.
In the case of the SLO Brewing Facility, the proposed use involves 600 square feet of outdoor
seating and live music around the existing rock outcropping in the outdoor patio area. The
applicant has also proposed to host weddings, concerns, or other large party events on Friday
evenings, Saturdays, and Sundays no later than 10:30 pm with a maximum attendance of 600
people. Live outdoor music is potentially consistent with the noise policies due to the sound
amplification and the expectation of higher decibel levels among the outdoor seated patrons.
However, attendees at events such as weddings or other large outdoor parties are more likely to
expect a quieter surrounding than the 55-60 and above decibel levels. Staff has recommended
conditions of approval restricting wedding ceremonies or other similar noise-sensitive events, as
well as restricted days and hours for live outdoor music to occur.
ALUP 4.4 Specific Land Use Policies: Safety
Proposed Addition of "Night Club" to Business Park Zone
The various locations of Business Park zoning are located primarily within San Luis Obispo County
Regional Airport Land Use Plan Aviation Safety Area S-1 c with a few areas within Safety Area S-
1 b and a small section within the Runway Protection Zone of the San Luis Obispo County. As
stated earlier, the AASP allows 120 people per acre as a Cluster Development Zone with approved
Airport Compatible Open Space Plan and Detailed Area Plan. In the case of the addition of "night
club" use to the BP zone, future nonresidential development would be required to be consistent
with the densities specified in Table 7. Therefore the project is consistent with the ALUP safety
policies.
Proposed Outdoor Live Music with SLO Brewing Facility
The project is potentially consistent with the ALUP Safety Policy S-2, which states that a project
would be inconsistent with the ALUP if the project would permit or fail to adequately prohibit any
future nonresidential development at a density greater than specified in Table 7. These policies are
intended to minimize the risk to the safety and property of persons on the ground associated with
potential aircraft accidents and to enhance the chances for survival of the occupants involved in an
accident which takes place beyond the immediate runway environment.
Although the proposal for live outdoor music for the SLO Brewing project is consistent with the 120
person/acre maximum density of non-residential use, the proposed facility is not strictly consistent
with the one person per 60 square feet gross floor area for non-residential land use densities
provided in Table 8, as the proposal would result in one person per approximately 40 people per
acre based on the square footage of the building. However, as the maximum attendance of 600
people is anticipated to be congregated both inside and outside within the larger 3.49 acre site
during live outdoor music events, the non-residential land use density would be significantly less at
approximately one person per 250 square feet.
ALUP 4.5 Specific Land Use Policies: Airspace Protection
The proposed project is consistent with the airspace protection policies of the ALUP to minimize
the risk of potential aircraft accidents in the vicinity of the Airport by avoiding the development of
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land uses and land use conditions which pose hazards to aircraft in flight. The proposed project
does not pose an obstruction to the air navigation because the height of proposed future
development, including the specific brewery project, in the BP zone is limited to the heights in the
City Zoning Ordinance. The area zoned BP is located. within the Transitional and Horizontal
Airport Imaginary surfaces, and the specific brewery project is located in the Transitional Airport
Imaginary surface.
ALUP 4.6 Specific Land Use Policies: Overflight
The proposed project is consistent with the overflight policies of the ALUP to ensure that potential
and prospective airport area land users are provided with sufficient information on the presence
and activity of the Airport and associated noise and safety impacts in order for them to make an
informed decision as to whether or not they wish to live and/or work in the Airport area. The
majority of property in the BP zone, including the site of the proposed brewery, is adjacent to the
airport and is not located within any flight paths. Individual projects will be required to provide
avigation easements and full and accurate disclosure of airport operations. A portion of the BP
zone (San Luis Ranch) is located between numerous flight paths. This project is currently under
review for a specific plan, and those employees will receive sufficient information regarding the
presence of airport activity within the vicinity as part of the specific plan review.
ALUC ACTION CHOICES
The ALUP recognizes that because the ALUP covers a wide and diverse geographical area, the
strict application of ALUP polices may be inappropriate under circumstances in the review of small-
scale individual projects. In the case of a situation where a project fails to meet one or more of the
ALUP policies, the ALUC is authorized to find a proposed individual project consistent with the
ALUP with an action requiring a 2/3 majority vote by the ALUC (Section 2.7). However, in the case
of a general plan amendment, specific plan amendment, or zoning regulation, the ALUC is only
authorized to find the request consistent with the ALUP with a 2/3 majority vote if:
a) the action only applies to property occupied by the referred individual project, and
b) the action shall contain provisions sufficient to ensure that no development other than
the exact project referred to and considered by the ALUC may be established within
the referral area.
The current request is a general plan amendment and specific plan amendment to add "night club"
to the Business Park Zone. Future developments with a "night club" use could be compatible,
prohibited, or would need to qualify as infill depending upon the specific characteristics and
location of the development. Conditions of approval are included that future "night club" proposals
in the BP zone of the AASP be referred to the ALUC for a determination of consistency.
If the ALUC finds the specific SLO Brewing Facility project to be inconsistent with specific policies
of the ALUP, they are authorized to find the project consistent with the ALUP under the provisions
of Section 2. 7 because it is a specific, individual project. Section 2. 7 is clear that the ALUC is
authorized to find projects consistent with the ALUP with a 2/3 majority vote only for a specific and
individual project. The proposed addition of "night club" to the SLO Brewery Facility is a specific
and individual project because it affects one specific property, and therefore can be found
consistent under the provisions of Section 2.7. Staff has included findings and conditions of
approval for this ALUC action.
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Revised Conditions:
Conditions of Approval to be incorporated into the proposed amendment to add "night
club" use to the Business Park Zone within the Airport Area Specific Plan:
1. Future development that includes "Nightclub" uses proposed within the Business Park Zone
of the Airport Area Specific Plan shall meet the standards and requirements of the Airport
Land Use Plan, and shall be referred to the Airport Land Use Commission for a
determination of consistency with the Airport Land Use Plan.
2. All tall structures shall be reviewed by the Air Traffic Division of the FAA regional office
having jurisdiction over San Luis Obispo County to determine compliance with the
provisions of FAR Part 77. In addition, applicable construction activities must be reported
via FAA Form 7460-1 at least 30 days before proposed construction or application for
building permit.
Conditions of Approval to be incorporated into any use permit(s) for development for the
specific SLO Brewing Facility project site (APN: 053-412-022):
1. Non-residential density for the property is limited to no more than 600 persons.
2. No wedding ceremonies or other similar noise-sensitive events and/or activities are allowed
on the outdoor portions of the property, and any indoor uses must comply with applicable
density restrictions within the Airport Land Use Plan.
3. The proposed hours allowed for live outdoor music events shall be 6:00 p.m. to 11 :00 p.m.
on Fridays, and 8:00 a.m. to 11 :00 p.m. on Saturdays and Sundays.
4. No structure, landscaping, apparatus, or other feature, whether temporary or permanent in
nature shall constitute an obstruction to air navigation or a hazard to air navigation, as
defined by the ALUP.
5. Any use is prohibited that may entail characteristics which would potentially interfere with
the takeoff, landing, or maneuvering of aircraft at the Airport, including:
• creation of electrical interference with navigation signals or radio communication
between the aircraft and airport;
• lighting which is difficult to distinguish from airport lighting;
• glare in the eyes of pilots using the airport;
• uses which attract birds and create bird strike hazards;
• uses which produce visually significant quantities of smoke; and
• uses which entail a risk of physical injury to operators or passengers of aircraft (e.g.,
exterior laser light demonstrations or shows).
6. Avigation easements will be recorded for each property developed within the area included in
the proposed local action prior to the issuance of any building permit or conditional use permit.
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7. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) will receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior
to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any
property or properties within the airport area.
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AEROVISTA
BUSINESS,PARK
S,A,N,,,L,U,I,S,,,O,B,I,S,P,O
Proposal
for
Zone Text Amendment
Specific Plan Amendment
BUSINESS PARK ZONE
City of San Luis Obispo
Revised July 20, 2015
Steven D. Pults, AIA & Associates, LLP
3592 Sacramento Drive, Suite 140
San Luis Obispo, CA 93401
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Zoning Text Amendment
This summarizes our request for a text amendment to add special events “Night Club Use” as an allowed
use, with directors approval, in the Business Park Zone. Currently there are no provisions for any kind of
entertainment or special event in the BP Zone.
Our current project, the SLO Brewing Production Facility, is located in the Business Park Zone in the
airport area. A small part of the project includes a beer tasting room, along with a small kitchen to serve
pizza. There are indoor and outdoor seating areas to accommodate customers. The purpose of the text
amendment is to provide the opportunity to have live entertainment, at appropriate times, for this
function.
The production facility is set in the midst of the Aerovista Business Park. The park includes four other
office buildings, which house a variety of professional offices. The entire campus is 9.94 acres. The
timing of events would be controlled and be outside of normal office hours. Live entertainment events
would be limited to evenings, weekends when the office buildings will be virtually empty. Hours would
be in accordance with the Airport Land Use Commission approval: Fridays from 5:00 to 11:00 pm,
Saturday and Sundays from 8:00 am to 11:00 pm. The entire campus is 9.94 acres.
The initial concept includes a couple of events per week, which would consist of a local band to provide
live music for the patrons of the tasting room. There may also be concerts or possibly weddings on
weekends only for larger crowds of up to 600. These would be held around the existing rock outcropping
in the outdoor patio area and/or inside the facility. Parking for these events would be on site which has a
total of 447 parking spaces.
The actual number, type, and timing for events would be considered on an individual basis as part of the
administrative use permit process. No events would be allowed without directors approval.
We feel these events are consistent with the currently allowed uses in this zone. While each project has a
different set of conditions in terms of location, tenants, parking, etc., the administrative use permit process
would provide the specific controls on a location by location basis.
Specific Plan Amendment
We feel this proposal falls within the intent of existing Airport Area Specific Plan policies.
The Airport Area Specific Plan states the following regarding Business Park Zoning:
“Areas designated Business Park are primarily for research and development, light manufacturing, and
business services that are compatible with each other and with airport operations. Activities that are
supportive of, or accessory to, the primary activities may be allowed as well.”
The underlined portion of this section is clearly supportive of accessory uses. The specific plan currently
allows, with Directors Approval, a Bar/Tavern or in our case a tasting room. To have a band or even a
single musician would seem to be a normal accessory use for a bar/tavern, but currently there is no
provision to allow any type of live entertainment.
The Business Park Zone is intended to include projects that are designed as a “Campus Type
Development” with a fairly wide mix of business services, manufacturing, and distribution in a single
location. These developments would typically be virtually unoccupied on nights and weekends, making
them an excellent location for the type of special events we have requested. The developments are
generally located away from residential areas or uses that would conflict with these events.
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General Plan
We feel this proposal falls within the intent of existing General Plan policies.
One of the goals of the General Plan is to: “Emphasize more productive use of existing commercial
buildings and land areas already committed to urban development”. Our request to allow special events
in the Business Park Zone is directly aligned with that goal. Weekend and after hour events will allow the
use of existing commercial developments when they would otherwise be vacant and unused.
The General Plan uses designated for Business Parks, includes: Research and development, Light
manufacturing, Financial and Professional Services and Offices, Small Retail, Restaurants, Caretaker
quarters, and Public and quasi-public uses. It also encourages “compatible mixed uses in commercial
districts”. Again our proposal falls directly in line with these.
General Plan Policy 4.3, states: “Entertainment facilities, such as nightclubs and theaters shall be in the
Downtown”. This policy appears to conflict with our request, however, it needs to be noted that we are
not requesting that a traditional “nightclub” be allowed, and we have no desire or intention of running a
nightclub. The terminology is somewhat misleading. The special event and live music uses we are
requesting are very different from a traditional nightclub.
The general plan and the zoning ordinance have no specific category that accurately defines our request.
City staff has indicated that what we are asking for would fall under the “nightclub” classification, so we
have applied under this classification. We are asking to be able to provide live music in conjunction with
a beer tasting room, and to be able to have special events, such as concerts and possibly weddings. We do
not feel that this would conflict with a traditional nightclub or this policy.
Airport Land Use Commission
Requirements:
1 Proposed amendment requires approval by the Airport Land Use Commission.
2. Proposed amendment - refer to attached zoning regulations mark up.
3. Adjacent property owners - to be provided by the City.
4. Map of geographic area, including land uses, airport area, - refer to Specific Plan Map attached.
Airport Area Safety Zone: S-1c - refer to attache Safety Zone Map
Maximum Population: 120 people per acre - Table 4.6 Airport area Specific Plan
Site Size: 9.94 acres
Noise Study attached.
5, 6, 7, 8. Proposed site is already developed, so uses are existing. Office complex.
9. Environmental Assessment: Noise Study attached.
10. Avigation Easement is already in existence for this property, per 1999-079221 and per 2001-011944
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VICINITY MAP File No. 1316-2015855 AEROVISTA ST ¯
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These drawings are instruments of service and are property of Steven D. Pults, AIA & Associates, LLP.All design and other information on the drawings are for use on the specified project and shall not be used otherwise without the expressed written permission of Steven D.Pults, AIA & Associates, LLP.Architecture, Planning & Graphics 3592 Sacramento Dr, Suite 140 San Luis Obispo, California 93401 805/541-5604 voice 1346Date:Revised:Job No:Sheet:Project:Client:Sheet Contents:AUZCO DEVELOPMENTS 835 AEROVISTA PLACE SUITE 230 SAN LUIS OBISPO CA 93401 (805) 706-2915PRODUCTION BUILDING 855 AEROVISTA PLACE SAN LUIS OBISPO LICENSED ARCHIT E C T FRANCES FAN G IB B S S T A TE OF CALIFORNIANo. C-26942 R EN. 10-31-15
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The Rock @ SLO Brew
Safety and Security Plan
Introduction:
The SLO Brew Rock security plan will be broken down into three (3) parts; definitions,
systems and implementation. This structure will help with ease of finding required information
within this document.
Definitions:
The definitions in this section will clarify the distinctions we make as to what constitutes
the levels of safety and security that will be implemented for any given event. This will help us
implement this plan to the best of our abilities.
• “Event(s)” will be defined as any gathering of greater than (100) patrons.
• “Major Event(s)” will be defined as any gathering of more than (300) up to our land use
and building capacity.
• “Venue” will be defined as any area within or on the property including parking lots and
“The Rock”.
• “Attendant” will be defined as any staff member with adequate training to implement this
safety and security plan. Training will include topics such as crowd control, procedures
for dealing with unruly patrons, basic first aid, and procedures for dealing with medical
emergencies.
• “Staff” will be defined as any person employed by the venue for purposes other than
patron interaction.
• “Supervisor” will be defined as any staff member that will be properly trained in the total
implementation of all venue safety and security practices. This will include topics such as
crowd control, emergency safety procedures and all systems within the venue.
• “Patron” will be defined as any person seeking to procure any service within the venue.
Systems:
The systems of this safety and security plan will be broken down into two (2) sections:
the venue and procedures. This will differentiate how the physical structure will add to this
safety and security plan and how the attendants and procedures will contribute as well.
-Venue:
The venue will contribute in several ways to the success of this safety and security plan.
The general layout of the venue will help with the flow of foot traffic resulting in a smooth
operation of pre and post event.
Starting with the parking lot, the flow of foot traffic leads to the front of the venue (see
CPTED Plan). The available parking abuts the walkways leading to the interior of the venue,
where an attendant in the patio area will greet them. During all events we will place lines to form
an orderly queue of patrons to be received by an attendant, which will preserve the original flow
of foot traffic. We will also have temporary signage that will denote direction of event. The
permanent exit signs will be augmented by temporary directional signage to direct exiting
patrons. Exterior of venue buildings will also be lit as per code.
Within the venue, patrons are restricted from entering production areas without an escort.
This is accomplished with several security doors that will only be accessible with a key by
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authorized attendant(s) or staff member(s). This will minimize the occurrence of accidents and
medical emergencies within that part of the venue.
-Procedures
This section will outline the procedures used to ensure safety and security of venue
property and patrons. Our attendants will be trained in all procedures included within this
section.
• Entering- attendants direct all patrons to their desired areas. During events we will
have attendants directing all patrons to reception. During major events, attendants
will place lines and temporary signage so as to not impede existing foot traffic
and direct patrons to appropriate area. The areas where queues will be formed are
denoted on Figure 1.
• Exiting- all patrons will be directed to exits by attendants so as not to impede
traffic flow. Attendants will also help direct traffic during major events.
Attendants will also equip flashlights in the event of an evening exit.
• Health and safety- all attendants will be trained to properly check and read IDs to
ascertain age of patrons imbibing alcohol. All attendants will also be trained in
basic first aid.
• Emergency procedure- in the event that a patron or staff member is in need of
emergency medical aid, attendants will notify the proper authorities as well as
supervisor on duty. In the case of unruly patron, attendants will notify proper
authorities and escort the patron to the parking lot. In the event of a fire or other
disaster, attendants will escort all occupants to parking lots on both ends of the
property in a safe and orderly manner in conjunction with emergency action plan.
• Staffing- as this is a working production facility, staff is available during regular
opening hours. In the case of a scheduled event we will have no less than (4)
attendants as well as event staff (catering crew, kitchen staff, Brew staff). In the
case of a major event we would staff according to projected attendance at a rate of
(1) attendant for every (30) patrons.
• Standard practices- these procedures and practices will be standard throughout the
venue.
o We have a professional manager on site during all hours of operation.
o We have attendants at entrances and exits to facilitate flow of foot traffic.
o Attendants increased for events and major events
o All attendants equipped with walkie-talkies direct to manager.
o Manager periodically checks outside of building.
o Manager carries cell phone to allow instant access to SLO PD
o Bathrooms as required by occupancy.
o Security cameras installed throughout
• Crowd Control practices- We consider this issue of major importance to the
community and the continued success of our operation, and there have instituted
the following measures to maintain behavioral patterns consistent with
community standards.
o Consult with SLO PD for guidance periodically;
o Consult with ABC officials for adequate standards;
o Consult and support drug and alcohol prevention efforts; and
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o Internal security practices
Insure legal occupancy is maintained
Maintain orderly queues and outside behavior
Refusal to serve over intoxicated patrons
Offer taxi or other means of transportation to minimize number of
drivers
Liaison with police
Implementation:
Implementation of this safety and security plan will be carried out by all staff and
supervisors. Supervisors are responsible for training all staff and attendants in all systems and
procedures. Additionally, supervisors will conduct regular audits of systems and procedures
with staff and attendants.
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Crime Prevention Through Environmental Design (CPTED) elements for
The Rock: SLO Brew
(full CPTED list follows)
Natural surveillance:
• landscape designs provide surveillance, especially in proximity to designated points of entry
and opportunistic points of entry.
• lighting design avoids poorly placed lights that create blind spots for potential observers and
miss critical areas. We ensure potential problem areas are well lit: pathways, entrances/exits,
storage areas, dumpster and recycling areas, etc.
• We avoid too-bright security lighting that creates blinding glare and/or deep shadows,
hindering the view for potential observers. (Eyes adapt to night lighting and have trouble
adjusting to severe lighting disparities.)
• We use shielded or cut-off luminaires to control glare.
• We placed lighting along pathways and other pedestrian-use areas at proper heights for
lighting the faces of the people in the space (and to identify the faces of potential attackers).
Natural surveillance measures are complemented by mechanical and organizational measures.
For example, closed-circuit television (CCTV) cameras
Natural territorial reinforcement:
• Security system signage is visible at access points.
• Premises and landscaping is maintained such that it communicates an alert and active
presence occupying the space.
• Owners have a vested interest and are more likely to challenge intruders or report them to the
police.
• Amenities such as seating or refreshments are placed in common areas in a commercial or
institutional setting helps to attract larger numbers of desired users.
• Activities are scheduled in common areas to increases proper use, attract more people and
increase the perception that these areas are controlled.
• Territorial reinforcement measures make the normal user feel safe and make the potential
offender aware of a substantial risk of apprehension or scrutiny.
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Sound Level Assessment for
SLO Brew Production Building
855 Aerovista Place
San Luis Obispo, CA
requested by
Auzco Developments
San Luis Obispo, CA. 93401
July 3, 2015
45dB.com
David Lord, PH.D.
Acoustics Consulting
P.O. Box 1406
San Luis Obispo
California 93406
tel. 805.704.8046
email: dl@45db.com
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SLO Brew Production page 2 7/3/15
Table of Contents
1.0 Description and Criteria .................................................................................4
2.0 Regulatory Setting ..........................................................................................4
2.1 State Regulation ..................................................................................5
2.2 Local Regulation ..................................................................................5
2.3 Airport Land Use Plan ......................................................................5
3.0 Existing Sound Levels ..................................................................................5
4.0 Future Sound Levels .....................................................................................15
5.0 Discussion and Conclusions ..........................................................................15
6.0 REFERENCES ...............................................................................................19
7.0 APPENDIX A: Glossary of Acoustical Terms .............................................20
8.0 Measurements, Calculations and Modeling .................................................23
8.1 Wind Measurement ..........................................................................23
8.2 Precision of Sound Level Meters. ................................................23
8.3 Sound Level Measurement Method ................................................23
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SLO Brew Production page 3 7/3/15
List of Figures
Figure 1. Site Plan, vicinity ....................................................................................6
Figure 2. Site Plan, nearest receptor .......................................................................7
Figure 3. Site Plan, specifi c ....................................................................................8
Figure 4. Measured Existing Sound Level ............................................................9
Figure 5. Measured One hour Leq .....................................................................10
Figure 6. Ldn / CNEL .......................................................................................11
Figure 7. Acceptable Noise Exposure ..............................................................12
Figure 8. City Noise Ordinance ......................................................................13
Figure 9. Airport Land Use Plan ...................................................................14
Figure 10. Future Sound Level .........................................................................16
Figure 11. Future Sound Level, detail ..............................................................17
Figure 12. Average Wind Conditions .................................................................18
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SLO Brew Production page 4 7/3/15
Sound Level Assessment for
SLO Brew Production Building
855 Aerovista Place
San Luis Obispo, CA
1.0 Description and Criteria
This sound level assessment is for the proposed development of the SLO Brew
Production Building with regard to surrounding noise levels from airport operations and potential
on-site sound generation from all sources. The possible noise sources examined in this study
are vehicular traffi c in the parking lot and surrounding streets, including nearby State Highway
227, air traffi c from San Luis Obispo County Regional Airport, and potential future night
club entertainment activity. The proposed SLO Brew Production Building site is bordered by
Aerovista Place to the north and cleared land to the south. Professional and commercial offi ces
are located adjacent to the proposed building with offi ce hours from 8 am to 5 pm each business
day, Monday through Friday. The northeast of the site is closest to the San Luis Obispo County
Regional Airport operations. The general layout and confi guration of the site, along with sound
level measurement locations are shown in “Figure 3. Site Plan, specifi c” on page 8.
This report provides a description of the environmental noise survey, a discussion of
applicable noise standards, results of the noise survey, future noise level projections, and noise
mitigation recommendations for the proposed residential development.
Existing sound levels were measured continuously on the proposed site at 10-second
intervals over a 24-hour period on Thursday, Friday and Saturday, June 19, 20, 21, 2015. An
acoustic model with sound level contours was generated for the site based on topography, noise
sources and measured sound level values.
Future sound levels associated with night club use are assumed to occur on designated
Thursdays, Fridays and Saturdays in the evenings from 6 pm to 2 am, not during the daytime
hours when there are nearby offi ce building operations.
2.0 Regulatory Setting
Noise is regulated at the federal, state and local levels through regulations, policies and/or
local ordinances. Local policies are generally adaptations of federal and state guidelines, adjusted
to prevailing local condition. Refer to “7.0 APPENDIX A: Glossary of Acoustical Terms” on
page 20 for further defi nition of metrics and terminology.
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SLO Brew Production page 5 7/3/15
2.1 State Regulation
The State of California’s Guidelines for the Preparation and Content of Noise Element
of the General Plan (1987). These guidelines reference land use compatibility standards for
community noise environments as developed by the California Department of Health Services,
Offi ce of Noise Control. Sound levels up to 65 Ldn or CNEL are determined to be normally
acceptable for multi-family residential land uses. Sound levels up to 70 CNEL are normally
acceptable for buildings containing professional offi ces or defi ned as business commercial.
However, a detailed analysis of noise reduction requirements is recommended when new offi ce
or commercial development is proposed in areas where existing sound levels approach 70 CNEL.
2.2 Local Regulation
Transportation Noise: Guidelines for transportation noise exposure are contained in City
of San Luis Obispo, General Plan Noise Element and Noise Guidebook (1996). The maximum
noise exposure standards for noise-sensitive land uses are shown in “Figure 7. Acceptable Noise
Exposure” on page 12.
2.3 Airport Land Use Plan
The location of the proposed site in relation to the airport is shown in “Figure 9. Airport
Land Use Plan” on page 14. The Airport Land Use Plan (ALUP), adopted December 1973 and
amended May, 2005, establishes Maximum Allowable Interior Noise Exposure from Aviation
Related Noise Sources for residential use. The metric used by the ALUP map is the “single-
event noise contour.” The reference event for determination of required single event noise
mitigation is assumed to be the straight-in departure of a regional airline jet from Runway 29.
3.0 Existing Sound Levels
Existing sound levels on the site were measured at 10-second intervals over a typical
weekend 24-hour period, Thursday, Friday and Saturday, June 19 - 21. These three days of the
week would be typical for scheduled events at the proposed venue. Recorded sound level data
consist of:
Average instantaneous sound level, dBA,
Leq 1 hour sound levels, dBA
Ldn or CNEL 24 hour average sound level, dBA
Audio recording of each event over 60 dBA.
From the measured data, existing hourly LEQ values were calculated and an overall
Community Noise Equivalent Level (CNEL) and Day Night Level (LDN) was calculated For
an explanation of technical defi nitions, see “7.0 APPENDIX A: Glossary of Acoustical Terms”
on page 20.
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SLO Brew Production page 6 7/3/15
Figure 1. Site Plan, vicinity
The vicinity site plan shows the proposed location of SLO Brew Production facility, with
adjacent building structures and the airport runway.
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SLO Brew Production page 7 7/3/15
Figure 2. Site Plan, nearest receptor
The proposed performance area is 891 feet from the nearest residential receptor. The propa-
gation of sound is mitigated by a large building, which acts as a noise barrier, and also by the
signifi cant traffi c noise on Highway 227, which will serve to mask noise and suppress audibility
of sound coming from the performance area.
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SLO Brew Production page 8 7/3/15
Figure 3. Site Plan, specifi c
The site plan shows the proposed location of SLO Brew Production facility, with adjacent
building structures. Existing sound level measurements were made in the area indicated, which
will be the future proposed general event area.
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SLO Brew Production page 9 7/3/15
Figure 4. Measured Existing Sound Level
Existing Sound Level, measured every 10 seconds over a 24-hour period. The sound level meter
is located in the middle of the proposed event area. Peak sound levels are generally identifi ed as
aircraft arrivals and departures. Sound levels are dBA, slow meter setting
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SLO Brew Production page 10 7/3/15
Figure 5. Measured One hour Leq
Measured Sound Levels, expressed as hourly Leq over a 24-hour period. The calculated LDN/
CNEL for the 24-hour period is 52 dBA, including calculated penalties for evening and nighttime
noise.
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Figure 6. Ldn / CNEL
This table shows the calculated results of hourly Leq sound levels on the overall LDN and
CNEL for existing sound level at the proposed performance area. All calculations are based on
continuous measured values shown in “Figure 4. Measured Existing Sound Level” on page 9.
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Figure 7. Acceptable Noise Exposure
City of San Luis Obispo: Acceptability of new noise-sensitive uses exposed to transportation
noise sources. Noise Element of the General Plan.
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Figure 8. City Noise Ordinance
City of San Luis Obispo Municipal Ordinance 9.12.060 Exterior Noise Limits. Referring to
Table No. 1 shown below, there is also a Correction for Character of Sound: In the event the
alleged offensive noise, as determined by the noise control offi cer, contains a steady, audible tone
such as whine, screech or hum, or is a repetitive noise such as hammering or riveting, or contains
music or speech, the standard limits set forth in Table 1 of this section shall be reduced by 5 dB.
The noise standard represented in Table 1 may be not be allowed to exceed:
(a) The noise standard for a cumulative period of more than thirty minutes in any hour;
or
(b) The noise standard plus 5 dB for a cumulative period of more than fi fteen minutes in
any hour; or
(c) The noise standard plus 10 dB for a cumulative period of more than fi ve minutes in
any hour; or
(d) The noise standard plus 15 dB for a cumulative period of more than one minute in
any hour; or
(e) e. The noise standard plus 20 dB for any period of time.
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Figure 9. Airport Land Use Plan
Location of proposed SLO Brew Production site in relation to the Airport Land Use Plan Airport
Noise Contours. The site is within and near to the projected 65 dBA airport Single Event Noise
Contour. Single Event noise is distinguished from “maximum sound level,” “Leq 1 hour sound
level” and “Ldn 24-hour sound level” used elsewhere in this report.
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4.0 Future Sound Levels
Existing measured sound levels provide a baseline from which future sound levels can be
predicted. Future sound levels are related to increased activity at the proposed performance area
and SLO Brew production facility operations. In addition there are expected to be increases in
number of fl ights at the San Luis Obispo County Regional Airport, and an increase in Average
Daily Traffi c (ADT) on State Route 227 to the northeast of the site. The general relationship of
traffi c growth and sound level is that with a doubling of traffi c ADT, there will be a concomitant
increase of 3 dB sound level.
The use of the proposed production facility and proposed performance area will result in
a maximum attendance of 600 audience members and the use of sound amplifi cation for music
and for voice.
In order that future sound levels shall not exceed the values represented in “Figure 8. City
Noise Ordinance” on page 13 at the residential boundary located 891 feet to the northeast, the
sound level at 20 feet distance from the speakers shall not exceed Leq 1 hr = 90 dBA.
5.0 Discussion and Conclusions
The 24-hour existing sound levels on the undeveloped site and future sound levels for the
developed project are clearly shown in relation to the ambient airport operations, distant traffi c
on Highway 227, and distant potential residential sensitive receptors.
Future sound levels from the proposed night club use of the production building are
compatible with surrounding business uses because of the alternating hours of use. Mitigation
of noise propagation toward distant potential residential receptors occurs due to the distance
involved, the presence of a large building which acts as a noise barrier, and the signifi cant
continuous traffi c on State Highway 227 between the noise source and the residential receptors.
Therefore, in our opinion this project is compatible with the Airport Land Use Plan and
the proposed project is in compliance with municipal regulations governing noise.
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Figure 10. Future Sound Level
Future Sound Level Contours, Leq 1 hr. = dBA, based on the projected use of the production
facility and performance area. A maximum of 600 persons, with amplifi ed music and voice,
which shall not measure greater than 90 dBA at 20 feet from speakers. Sound level from
amplifi ed music shall not exceed Leq 1 hr = 50 dBA at residential receptor boundary to the
northwest. As shown in this acoustical model, the signifi cant traffi c noise contribution from
Highway 227.
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Figure 11. Future Sound Level, detail
Future Sound Level Contours, Leq 1 hr. = dBA, based on the projected use of the production
facility and acoustic only performance area. A maximum of 200 persons, with no amplifi ed
music and no amplifi ed voice.
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Figure 12. Average Wind Conditions
Sound measurement and sound propagation can be infl uenced by the wind speed and wind
direction. The data graphed below represent average conditions for the days June 19 through
June 21, 2015. On this site, typical wind direction is from the north during the potential hours of
amplifi ed music and voice events (6 pm to 2 am), which may increase sound levels toward the
south of the proposed music venue. South of the venue is an area that has no nearby sensitive
residential receptors. The nearest residential receptors are located to the northeast of the music
source and should not experience an increase in predicted noise levels due to wind.
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6.0 REFERENCES
1. American National Standards Institute, Inc. 2004. ANSI 1994 American National Standard
Acoustical Terminology. ANSI S.1.-1994, (R2004) , New York, NY.
2. American Society for Testing and Materials. 2004. ASTM E 1014 - 84 (Reapproved 2000)
Standard Guide for Measurement of Outdoor A-Weighted Sound Levels.
3. Berglund, Birgitta, World Health Organization. 1999. Guidelines for Community Noise
chapter 4, Guideline Values.
4. Bolt, Beranek and Newman. 1973. Fundamentals and Abatement of Highway Traffi c Noise,
Report No. PB-222-703. Prepared for Federal Highway Administration.
5. California Department of Transportation (Caltrans). 1982. Caltrans Transportation
Laboratory Manual.
6. ______. 1998. Caltrans Traffi c Noise Analysis Protocol For New Highway Construction and
Highway Reconstruction Projects.
7. ______. 2006. California Transportation Plan 2025, chapter 6.
8. California Resources Agency. 2007. Title 14. California Code of Regulations Chapter 3.
Guidelines for Implementation of the California Environmental Quality Act Article 5.
Preliminary Review of Projects and Conduct of Initial Study Sections, 15060 to 15065.
9. City of San Luis Obispo. City of San Luis Obispo General Plan, Noise Element.
10. Federal Highway Administration. 2006. FHWA Roadway Construction Noise Model User’s
Guide Final Report. FHWA-HEP-05-054 DOT-VNTSC-FHWA-05-01.
11. Harris, Cyril.M., editor. 1979 Handbook of Noise Control.
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7.0 APPENDIX A: Glossary of Acoustical Terms
A-Weighted Sound Level (dBA)
The sound pressure level in decibels as measured on a sound level meter using the inter-
nationally standardized A-weighting fi lter or as computed from sound spectral data to
which A-weighting adjustments have been made. A-weighting de-emphasizes the low
and very high frequency components of the sound in a manner similar to the response of
the average human ear. A-weighted sound levels correlate well with subjective reactions
of people to noise and are universally used for community noise evaluations.
Airborne Sound
Sound that travels through the air, differentiated from structure-borne sound.
Ambient Sound Level
The prevailing general sound level existing at a location or in a space, which usually
consists of a composite of sounds from many sources near and far. The ambient level is
typically defi ned by the Leq level.
Background Sound Level
The underlying, ever-present lower level noise that remains in the absence of intrusive or
intermittent sounds. Distant sources, such as traffi c, typically make up the background.
The background level is generally defi ned by the L90 percentile noise level.
Community Noise Equivalent Level (CNEL):
The Leq of the A-weighted noise level over a 24-hour period with a 5 dB penalty applied
to noise levels between 7 p.m. and 10 p.m. and a 10 dB penalty applied to noise levels
between 10 p.m. and 7 a.m.
Day-Night Sound Level (Ldn):
The Leq of the A-weighted noise level over a 24-hour period with a 10 dB penalty
applied to noise levels between 10 p.m. and 7 a.m.
Decibel (dB):
The decibel is a measure on a logarithmic scale of the magnitude of a particular quantity
(such as sound pressure, sound power, sound intensity) with respect to a reference
quantity.
DBA or dB(A)
A-weighted sound level. The ear does not respond equally to all frequencies, but is less
sensitive at low and high frequencies than it is at medium or speech range frequencies.
Thus, to obtain a single number representing the sound level of a noise containing a wide
range of frequencies in a manner representative of the ear’s response, it is necessary
to reduce the effects of the low and high frequencies with respect to the medium
frequencies. The resultant sound level is said to be A-weighted, and the units are dBA.
The A-weighted sound level is also called the noise level.
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Energy Equivalent Level (LEQ):
Because sound levels can vary markedly in intensity over a short period of time, some
method for describing either the average character of the sound or the statistical behavior
of the variations must be utilized. Most commonly, one describes ambient sounds in
terms of an average level that has the same acoustical energy as the summation of all the
time-varying events. This energy-equivalent sound/noise descriptor is called LEQ. In this
report, an hourly period is used.
Field Sound Transmission Class (FSTC):
A single number rating similar to STC, except that the transmission loss values used to
derive the FSTC are measured in the fi eld. All sound transmitted from the source room to
the receiving room is assumed to be through the separating wall or fl oor-ceiling assembly.
Outdoor-Indoor Transmission Class (OITC):
A single number classifi cation, specifi ed by the American Society for Testing and
Materials (ASTM E 1332 issued 1994), that establishes the A-weighted sound level
reduction provided by building facade components (walls, doors, windows, and combina-
tions thereof), based upon a reference sound spectra that is an average of typical air, road,
and rail transportation sources. The OITC is the preferred rating when exterior facade
components are exposed to a noise environment dominated by transportation sources.
Percentile Sound Level, Ln:
The noise level exceeded during n percent of the measurement period, where n is a
number between 0 and 100 (e.g., L10 or L90)
Sound Transmission Class (STC):
STC is a single number rating, specifi ed by the American Society for Testing and
Materials, which can be used to measure the sound insulation properties for comparing
the sound transmission capability, in decibels, of interior building partitions for noise
sources such as speech, radio, and television. It is used extensively for rating sound
insulation characteristics of building materials and products.
Structure-Borne Sound:
Sound propagating through building structure. Rapidly fl uctuating elastic waves in
gypsum board, joists, studs, etc.
Sound Exposure Level (SEL)
SEL is the sound exposure level, defi ned as a single number rating indicating the total
energy of a discrete noise-generating event (e.g., an aircraft fl yover) compressed into a 1-
second time duration. This level is handy as a consistent rating method that may be
combined with other SEL and Leq readings to provide a complete noise scenario for
measurements and predictions. However, care must be taken in the use of these values
since they may be misleading because their numeric value is higher than any sound level
which existed during the measurement period.
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Subjective Loudness Level
In addition to precision measurement of sound level changes, there is a subjective charac-
teristic which describes how most people respond to sound:
•A change in sound level of 3 dBA is barely perceptible by most listeners.
•A change in level of 6 dBA is clearly perceptible.
•A change of 10 dBA is perceived by most people as being twice (or half) as loud.
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8.0 Measurements, Calculations and Modeling
8.1 Wind Measurement
Sound level measurements become less reliable when average wind speed is greater than 11
m.p.h. at the measurement site. Therefore, wind speed and direction are measured periodically
at the measurement site and the results are correlated with wind data from a nearby established
weather station. A Larson Davis WS 001 windscreen is used as wind protection for all micro-
phones and is left in place at all times.
Wind speed and direction were noted throughout the measurement period and compared
with data from the nearby National Weather Service weather station at San Luis Obispo
County Regional Airport. A Davis Turbo Wind meter was used to measure wind speed at the
measurement site to cross-check wind speeds at the airport. The Turbo Wind meter is a high
performance wind speed indicator with exceptional accuracy.
8.2 Precision of Sound Level Meters.
The American National Standards Institute (ANSI) specifi es several types of sound levelmeters
according to their precision. Types 1,2, and 3 are referred to as “precision,” “generalpurpose,”
and “survey” meters, respectively. Most measurements carefully taken with a type 1 sound level
meter will have an error not exceeding 1 dB. The corresponding error for a type 2 sound level
meter is about 2 dB.
The sound level meters used for measurements shown in this report are Larson-Davis
Laboratories Model 820. These sound level meters meet all requirements of ANSI s1.4, IEC
651 for Type 1 accuracy and include the following features: 110 dB dynamic range for error
free measurements. Measures FAST, SLOW, Unweighted PEAK, Weighted PEAK, Impulse,
Leq, LDOD, LOSHA, Dose, Time Weighted Average, SEL, Lmax, Lmin, LDN. Time history
sampling periods from 32 samples per second up to one sample every 255 seconds.
Field calibration of each sound level meter with an external calibrator is accomplished before
and after all fi eld measurements. Laboratory calibration of the all instruments is performed
at least biannually and accuracy can be traced to the U.S. National Institute of Science and
Technology standard.
8.3 Sound Level Measurement Method
The protocol for conducting sound level measurements is prescribed in detail by the
American Society for Testing and Materials (ASTM) in their E 1014 publication and the
CalTrans Traffi c Noise Analysis Protocol. The procedures and standards in those documents are
met or exceeded for sound level measurements shown in this report. The standards of ASTM E
1014 are exceeded by using Type 1 sound level meters for all measurements in this report instead
of the less accurate Type 2 meters. Therefore, the precision of the measurements in this report is
likely to be better than +/- 2 dB as stated in ASTM E1014. Particular and specifi c sound sources
are identifi ed by listening to synchronous audio recordings of peak sound level events.
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Caltrans Noise Measurement Guidelines: Caltrans makes available general guide-
lines for taking into account environmental elements in noise measurements. The following
is an excerpt from their guidelines. The Traffi c Noise Analysis Protocol contains Caltrans
noise policies, which fulfi ll the highway noise analysis and abatement/mitigation requirements
stemming from the following State and Federal environmental statutes:
• California Environmental Quality Act (CEQA)
• National Environmental Policy Act (NEPA)
• Title 23 United States Code of Federal Regulations, Part 772 “Procedures for Abatement
of Highway Traffi c Noise and Construction Noise” (23 CFR 772)
• Section 216 et seq. of the California Streets and Highways Code
Noise Contour Modeling
Noise contours incorporating the measured sound level values were generated using CADNA/A,
an acoustical modeling program that incorporates the TNM 2.5 algorithms, and which was
developed to predict hourly Leq values for free-fl owing traffi c conditions. This computer
modeling tool, made by Datakustik GmbH, is an internationally accepted acoustical modeling
software program, used by many acoustics and noise control professional offi ces in the U.S. and
abroad. The software has been validated by comparison with actual values in many different
settings. The program has a high level of reliability and follows methods specifi ed by the
International Standards Organization in their ISO 9613-2 standard, “Acoustics – Attenuation
of sound during propagation outdoors, Part 2: General Method of Calculation.” The standard
states that, “this part of ISO 9613 specifi es an engineering method for calculating the attenuation
of sound during propagation outdoors in order to predict the levels of environmental noise at a
distance from a variety of sources. The method predicts the equivalent continuous A-weighted
sound pressure level under meteorological conditions favorable to propagation from sources
of known sound emissions. These conditions are for downwind propagation under a well-
developed moderate ground-based temperature inversion, such as commonly occurs at night.”
The computer modeling software takes into account source sound power levels, surface refl ection
and absorption, atmospheric absorption, geometric divergence, meteorological conditions, walls,
barriers, berms, and terrain variations. The CADNA/A software uses a grid of receivers covering
the project site.
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1
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
For CODE-1316-2015
1. Project Title:
SLO Brew “The Rock”
2. Lead Agency Name and Address:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
3. Contact Person and Phone Number:
Rachel Cohen, Associate Planner
805-781-7574
4. Project Location:
855 Aerovista (APN 053-412-022)
5. Project Sponsor’s Name and Address:
Auzco Development, LLC
835 Aerovista Place
San Luis Obispo, CA 93401
Project Representative Name and Address:
Steve Pults
Steven Pults AIA & Associates
3592 Sacramento Street, Ste 140
San Luis Obispo, CA 93401
6. General Plan Designation:
Business Park
7. Zoning:
Business Park (BP)
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8. Description of the Project:
The applicant is requesting a text amendment to the Zoning Regulations and the Airport Area
Specific Plan (AASP) to allow a Night Club as an allowed use, with a conditional use permit, in
the Business Park (BP) zone. Attachment 1 shows the proposed changes to the Zoning
Regulations and the AASP.
The applicant is also requesting a use permit for a night club, to host live music around the
existing rock outcropping in the outdoor patio area and inside a facility located at 855 Aerovista
Place within the BP zone of the AASP. Events at the site would also include weddings
(ceremonies indoors only), concerts and other large party events. The night club would operate
only on Friday evenings, 5:00 pm to 11:00 pm, and Saturdays and Sundays, 10:00 am to 11:00
pm with no more than a maximum attendance of 600 people. The night club would operate at the
SLO Brew Production Facility that is currently being constructed on the site. The SLO
Production Facility was reviewed and approved by the Architectural Review Commission (ARC)
for compliance with City’s Municipal Code, the AASP and design guidelines. The structure
includes:
3,047 square foot entertainment venue,
6,496 square foot brewery production facility,
1,579 square foot beer tasting/restaurant area,
1,250 square foot kitchen,
600 square foot outdoor seating area,
15,444 square foot lease space, and
1,746 square feet of office and mezzanine area.
9. Setting and Surrounding Land Uses:
The AASP has approximately 177.49 acres that are designated as BP zone (see Attachment 2,
Zoning Designation Map). The SLO Brew Production Facility is located on a parcel that is 3.47
acres in size and is a part of the Aerovista Business Park which is composed of four parcels with
a combined total acreage of 9.94 acres. The Aerovista Business Park includes the SLO Brew
Production Facility, four, two-story office buildings which house a variety of professional offices
(i.e. doctor’s office, tax services, government offices, etc.), and a fitness facility with a combined
total of 444 parking spaces. The majority of these businesses operate from 8 am to 5 pm,
Monday through Friday.
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Figure 1: Vicinity Map; the red star indicates the location of 855 Aerovista
Existing uses surrounding the site area are as follows:
West: San Luis County Airport and associated buildings (outside the City’s limits).
North: Undeveloped, zoned BP.
East: (across Broad Street/Hwy 227) Currently being developed with industrial buildings, zoned
C-S; just beyond the C-S zone and a creek are single-family residences, zoned R-1.
South: Undeveloped, zoned BP.
10. Project Entitlements Requested:
Use Permit: Use Permit approval is required to allow the Night club use within the Business Park
zone.
11. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.):
On December 16, 2015 the proposed use permit for the SLO Brew production facility at 855
Aerovista was referred to the Airport Land Use Commission (ALUC) for a determination of
consistency or inconsistency with the Airport Land Use Plan (ALUP). The ALUC determined
that the proposed Text Amendments and the request for a night club use permit for the SLO
Brew facility were consistent with the ALUP.
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4
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following
pages.
Aesthetics
Greenhouse Gas Emissions
Population / Housing
Agriculture Resources
Hazards & Hazardous
Materials
Public Services
Air Quality
Hydrology / Water Quality
Recreation
Biological Resources
Land Use / Planning
X
Transportation / Traffic
Cultural Resources
Mineral Resources
Utilities / Service Systems
Geology / Soils
Noise
Mandatory Findings of
Significance
FISH AND GAME FEES
X
The Department of Fish and Wildlife has reviewed the CEQA document and written no effect
determination request and has determined that the project will not have a potential effect on fish, wildlife,
or habitat (see attached determination).
The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish
and Wildlife fees pursuant to Section 711.4 of the California Fish and Wildlife Code. This initial study has
been circulated to the California Department of Fish and Wildlife for review and comment.
STATE CLEARINGHOUSE
This environmental document must be submitted to the State Clearinghouse for review by one or more
State agencies (e.g. Cal Trans, California Department of Fish and Wildlife, Department of Housing and
Community Development). The public review period shall not be less than 30 days (CEQA Guidelines
15073(a)).
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DETERMINATION (To be completed by the Lead Agency):
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made, by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
X
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant” impact(s) or “potentially
significant unless mitigated” impact(s) on the environment, but at least one effect (1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (1) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided
or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions
or mitigation measures that are imposed upon the proposed project, nothing further is required.
March 24, 2016
Signature Date
Doug Davidson, Community Development Deputy Director For: Michael Codron
Print Name Community Development Director
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EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is
adequately supported if the referenced information sources show that the impact simply does not apply to projects
like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained
where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive
receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off -site as well as on-site, cumulative as well
as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must
indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant.
"Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact."
The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than
significant level (mitigation measures from Section 19, "Earlier Analysis," as described in (5) below, may be cross-
referenced).
5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been
adequately analyzed in an earlier EIR or negative declaration (Section 15063 (c) (3) (D)). In this case, a brief
discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state w hether such effects
were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe
the mitigation measures which were incorporated or refined from the earlier document and the extent to which they
addressed site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted
should be cited in the discussion.
8. The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than significance
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
7
1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 5, 10 --X--
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, open space, and historic
buildings within a local or state scenic highway?
2, 5,
10
--X--
c) Substantially degrade the existing visual character or quality of
the site and its surroundings?
1, 10,
11
--X--
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area?
10,11,
12
--X--
Evaluation
a-c) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within the Business Park (BP) zone of the Airport Area Specific Plan (AASP). The amendment does not propose any
changes to development standards, and is generally intended to regulate uses within existing structures. The proposed night
club at 855 Aerovista Place will be located within an existing facility that was reviewed and approved by the Architectural
Review Commission for compliance with City’s Municipal Code, the AASP and design guidelines. Adoption of the night
club use permit would have no impact on scenic resources and no impact on visual quality within the BP zone; therefore, the
proposed amendment and use permit will have no impact.
d) Less than significant. The proposed text amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. The BP zone is located in an already urbanized area with light
sources from neighboring commercial and residential uses as well as light from vehicular circulation along neighboring
streets. All existing and future projects are required to conform to the City’s Night Sky Preservation Ordinance (Zoning
Regulations Chapter 17.23) which sets operational standards and requirements for li ghting installations, including requiring
all light sources to be shielded and downward facing.
The SLO Brew site proposes to have live entertainment outside of an existing facility near the airport. The use of outdoor
lights will be required to comply with the to the City’s Night Sky Preservation Ordinance (Zoning Regulations Chapter
17.23). Consistent with SLO County Airport Land Use Commission recommendations, the project will be conditioned to
prohibit all aerial laser lights and any lighting that will potentially interfere with the takeoff, landing, or maneuvering of
aircraft at the Airport. Standard and special conditions will be included with the use permit to control light and glare.
Therefore, impacts resulting from creating new sources of light will be less than significant.
Conclusion: The project will have a less than significant impact on aesthetics.
2. AGRICULTURE RESOURCES. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
pursuant to the Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-agricultural use?
1, 19,
27
--X--
b) Conflict with existing zoning for agricultural use or a
Williamson Act contract?
1, 12,
27
--X--
c) Conflict with existing zoning for, or cause rezoning of, forest
land (as defined in Public Resources Code section 12220(g)),
timberland (as defined by Public Resources Code section 4526),
or timberland zoned Timberland Production (as defined by
Government Code section 51104(g))?
1, 12,
27
--X--
d) Result in the loss of forest land or conversion of forest land to
non-forest use?
1, 12,
27
--X--
e) Involve other changes in the existing environment which, due to
their location or nature, could result in conversion of Farmland,
to non-agricultural use or conversion of forest land to non -forest
use?
1, 12,
27
--X--
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
8
Evaluation
a) No Impact. The proposed text amendment would establish a new allowable use – night clubs –, with a conditional use
permit, within BP zone of the AASP. The City’s 2006 Open Space Element identifies a small portion of the BP zone as being
farmland of local importance. The amendment does not propose any changes to development standards, and is generally
intended to regulate uses within existing structures. As stipulated by the text amendment, any proposed night club uses will
require environmental review, including the identification of farmland of local importance.
The proposed night club at 855 Aerovista Place will be located within an existing facility that was reviewed and approved by
the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design guidelines. The site
was not identified as being Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or farmland of local
importance. Adoption of the night club use permit will have no impact on these Farmland resources.
b) No Impact. The BP zone of the AASP is not intended for agricultural production. The proposed text amendment would
expand allowable uses within the Business Park zone of the AASP to allow night clubs. The amendment does not propose
any changes to development standards, and is generally intended to regulate uses within existing structures. The proposed
night club at 855 Aerovista Place will be located within an existing facility that was reviewed and approved by the
Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design guidelines. Therefore,
implementation of the text amendment and the use permit do not conflict with any Williamson Act contracts; as such, no
impact would result.
c-e) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within BP zone of the AASP. The amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. The proposed night club at 855 Aerovista Place will be located
within an existing facility that was reviewed and approved by the Architectural Review Commission for compliance with
City’s Municipal Code, the AASP and design guidelines. No conversion of any land use that affects farmlands or forest land
is proposed. No impact would occur.
Conclusion: No Impact.
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or
air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air
quality plan?
9, 13,
20
--X--
b) Violate any air quality standard or contribute substantially to an
existing or projected air quality violation?
9, 20 --X--
c) Result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is non-attainment under an
applicable federal or state ambient air quality standard
(including releasing emissions which exceed quantitative
thresholds for ozone precursors)?
9, 20
--X--
d) Expose sensitive receptors to substantial pollutant
concentrations?
9, 20 --X--
e) Create objectionable odors affecting a substantial number of
people?
18, 26 --X--
Evaluation
a-e) No Impact. The proposed text amendment would have no direct effect on air quality because it does not propose
construction or development. The proposed text amendment would establish a new allowable use – night clubs – with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures. The proposed night club at 855 Aerovista
Place will be located within an existing facility that was reviewed and approved by the Architectural Review Commission for
compliance with City’s Municipal Code, the AASP and design guidelines. This type of use is not anticipated to create
additional air pollution and objectionable odors, or conflict with existing air quality plans. Therefore, the project has no
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
9
impact to existing or proposed air quality plans, air quality standards, criteria pollutants and will not create objectionable
odors affecting a substantial number of people.
Conclusion: No Impact.
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
policies, or regulations, or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
5, 9,
17
--X--
b) Have a substantial adverse effect, on any riparian habitat or
other sensitive natural community identified in local or regional
plans, policies, or regulations, or by the California Department
of Fish and Wildlife or U.S. Fish and Wildlife Service?
5, 9,
17
--X--
c) Have a substantial adverse effect on federally protected
wetlands as defined in Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological interruption, or
other means?
5, 9,
17
--X--
d) Interfere substantially with the movement of any native resident
or migratory fish or wildlife species or with established native
resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
5, 9,
17
--X--
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
5, 9,
17
--X--
f) Conflict with the provisions of an adopted habitat Conservation
Plan, Natural Community Conservation Plan, or other approved
local, regional, or state habitat conservation plan?
5, 9
--X--
Evaluation
a-f) No Impact. The proposed text amendment would have no direct effect on biological resources . The proposed text
amendment would have no direct effect on air quality because it does not propose construction or development. The proposed
text amendment would establish a new allowable use – night clubs – with a conditional use permit, within the BP zone of the
AASP. The amendment does not propose any changes to development standards, and is generally intended to regulate uses
within existing structures. The proposed night club at 855 Aerovista Place will be located within an existing facility that was
reviewed and approved by the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and
design guidelines. The SLO Brew site is not within a riparian corridor and there are no creeks or trees on the property. No
endangered, threatened or other protected species have been reported on the project site. There are no local ordinances or
habitat conservation plans that affect the proper ty or that identify the site as potential habitat for any protected species of
plant or animal. Therefore, the amendment and the use permit would have no impact on endangered, threatened, or rare
species or their habitats, or on locally designated species.
Conclusion: No Impact.
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a
historic resource as defined in §15064.5.
5, 22,
23
--X--
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15064.5)
22, 23 --X--
c) Directly or indirectly destroy a unique paleontological resource
or site or unique geologic feature?
5, 22 --X--
d) Disturb any human remains, including those interred outside of
formal cemeteries?
5, 22 --X--
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
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with
Mitigation
Incorporated
Less Than
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Impact
No
Impact
10
Evaluation
a-e) No Impact. The proposed text amendment will not cause substantial adverse change in the significance of cultural
resources as defined in §15064.5 because the proposed text amendment does not authorize any particular development
project, nor does it involve any changes to development standards that would change allowable development intensities,
densities, or building footprints. The text amendment does not propose any changes to historic designations of any recognized
historical sites or structures, and would not change or have any effect upon the City’s existing preservation objectives or
policies. The proposed night club at 855 Aerovista Place will be located within an existing facility that was reviewed and
approved by the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design
guidelines. The site has not been identified as having historical significance. Based on review of the City’s Historic Site Map
and Land Use Information System, the project is not located on or near a known sensitive archaeological site or historic
resource. Therefore, the amendment and use permit would not authorize any adverse impacts to cultural resources; therefore,
the project would have no impact.
Conclusion: No Impact.
6. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury or death involving:
4, 9,
27
I. Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
--X--
II. Strong seismic ground shaking? --X--
III. Seismic-related ground failure, including liquefaction? --X--
IV. Landslides? --X--
b) Result in substantial soil erosion or the loss of topsoil? 4, 5, 9 --X--
c) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and potentially
result in on or off site landslide, lateral spreading, subsidence,
liquefaction or collapse?
4, 9
--X--
d) Be located on expansive soil, as defined in Table 1802.3.2
[Table 1806.2) of the California Building Code (2007) [2010],
creating substantial risks to life or property?
4, 9
--X--
e) Have soils incapable of adequately supporting the use of septic
tanks or alternative waste water disposal systems where sewers
are not available for the disposal of waste water?
4,7, 9
--X--
Evaluation
a, d) Less than Significant Impact. Although there are no fault lines on the within the AASP, the project site or within close
proximity, the City of San Luis Obispo is located in an area of “High Seismic Hazards,” specifically Seismic Zone D, which
means that future buildings constructed within the AASP or at 855 Aerovista will most likely be subjected to excessive
ground shaking in the event of an earthquake. The City has regulations that structures must be designed in compliance with
seismic design criteria established in the California Building Code for Seismic Zone D. To minimize this potential impact,
the California Building Code and City Codes require new structures be built to resist such shaking or to remain standing in an
earthquake.
The proposed text amendment would establish a new allowable use – night clubs – with a conditional use permit, within the
BP zone of the AASP. The amendment does not propose any changes to development standards, and is generally intended to
regulate uses within existing structures. The proposed night cl ub at 855 Aerovista Place will be located within an existing
facility that was reviewed and approved by the Architectural Review Commission for compliance with City’s Municipal
Code, the AASP and design guidelines. The project does not involve any changes to these code requirements. No impact
from seismic ground failure as a result of the proposed text amendment and use permit.
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
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Issues
Less Than
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with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
11
b) No Impact. No new construction is anticipated as a result of the amendment or the use permit as the new use would be
located within existing structures that comply with City code and design guidelines. T herefore the project will not result in
loss of topsoil.
c) No Impact. The Safety Element of the General Plan indicates that the project site has a high potential for liquefactio n,
which is true for most of the City. City Code requires development comply with all City Codes, including Building Codes,
which require proper documentation of soil characteristics for designing structurally sound buildings to ensure new structure s
are built to resist such shaking or to remain standing in an earthquake. The project does not involve any changes to these code
requirements. No impact from on or off site landslide, lateral spreading, subsidence, liquefaction or collapse are as a resul t of
the proposed text amendment and use permit.
e) No Impact. Any new construction will be required to connect to the City’s sewer system. Septic tanks or alternative
wastewater systems are not proposed and will not be used on the site. No new construction is an ticipated as a result of the
amendment or the use permit as the new use would be located within existing structures that comply with the City’s
Municipal Code, the AASP and design guidelines.
Conclusion: Less than a significant impact.
7. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly,
that may have a significant impact on the environment?
9, 13,
14, 21
--X--
b) Conflict with an applicable plan, policy or regulation adopted for
the purpose of reducing the emissions of greenhouse gases.
1, 5,
9, 13,
14, 21
--X--
Evaluation
As outlined in the recent City LUCE Update EIR, prominent GHG emissions contributing to the greenhouse effect are carbon
dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur
hexafluoride (SF6). Anthropogenic (human‐caused) GHG emissions in excess of natural ambient concentrations are
responsible for intensifying the greenhouse effect and have led to a trend of unnatural warming of the earth’s climate, known
as global climate change or global warming. Global sources of GHG emissions include fossil fuel combu stion in both
stationary and mobile sources, fugitive emissions from landfills, wastewater treatment, agricultural sources, deforestation,
high global warming potential (GWP) gases from industrial and chemical sources, and other activities.
The major sources GHG emissions in the City are transportation‐related emissions from cars and trucks, followed by energy
consumption in buildings. These local sources constitute the majority of GHG emissions from community‐wide activities in
the city, and combine with regional, statewide, national, and global GHG emissions that result in the cumulative effect of
global warming, which is causing global climate change. A minimum level of climate change is expected to occur despite
local, statewide, or other global efforts to mitigate GHG emissions. The increase in average global temperatures will result in
a number of locally‐important adverse effects, including sea‐level rise, changes to precipitation patterns, and increased
frequency of extreme weather events such as heat waves, drought, and severe storms.
Statewide legislation, rules and regulations that apply to GHG emissions associated with the Project Setting include the
Global Warming Solutions Act of 2006 (Assembly Bill [AB] 32), the Sustainable Communities and C limate Protection Act
of 2008 (Senate Bill [SB] 375), Advanced Clean Cars Rule, Low Carbon Fuel Standard, Renewable Portfolio Standard,
California Building Codes, and recent amendments to the California Environmental Quality Act (CEQA) pursuant to SB 97
with respect to analysis of GHG emissions and climate change impacts.
Plans, policies and guidelines have also been adopted at the regional and local level that address GHG emissions and climate
change effects in the City. The San Luis Obispo County Air Pollution Control District (APCD) adopted a CEQA Review
Handbook, as well as guidance on GHG emission thresholds and supporting evidence, that may be applied by lead agencies
within San Luis Obispo County (APCD 2012a, 2012b). The City also adopted a Climate A ction Plan (CAP) that includes a
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
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Incorporated
Less Than
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Impact
No
Impact
12
GHG emissions inventory, identifies GHG emission reduction targets, and includes specific measures and implementing
actions to both reduce community‐wide GHG emissions. The CAP also includes measures and actions to help the city build
resiliency and adapt to the effects of climate change.
a, b) Less than Significant Impact. The proposed text amendment and use permit do not propose to amend any building
regulations that would raise or otherwise change development levels that could contribute to an increase in greenhouse gas
emissions. Adoption and implementation of the proposed text amendment and night club use permit would not affect building
energy demands nor generate any additional vehicle trips (nor more miles traveled) beyond those associated with the General
Plan and analyzed in the LUCE Update EIR. Review of future projects would continue to be carried out to ensure that the
projects are consistent with all General Plan goals, objectives, and policies related to air quality and regional greenhouse gas
reduction efforts. Adherence t o such policies and guidelines would reduce potential impacts to a less-than-significant level.
Conclusion: Less than significant impact.
8. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
4, 9
--X--
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
4, 9
--X--
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
4, 9
--X--
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would it create a significant hazard to
the public or the environment?
30
--X--
e) For a project located within an airport land use plan or, where
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project result in a safety
hazard for people residing or working in the project area?
12,
27, 30
--X--
f) For a project within the vicinity of a private airstrip, would the
project result in a safety hazard for people residing or working
in the project area?
12
--X--
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation
plan?
4, 9
--X--
h) Expose people or structures to a significant risk of loss, injury,
or death involving wildland fires, including where wildlands are
adjacent to urbanized areas or where residences are intermixed
with wildlands?
4, 9
--X--
Evaluation
a -c) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within the BP zone of the AASP. The amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. This type of business provides entertainment, examples of
which include live or recorded music and/or dancing, comedy, disc jockeys, etc., and may also serve alcoholic beverages for
on-site consumption. The proposed text amendment would not directly result in any new construction or physical change to
the environment. The proposed night club at 855 Aerovista Place will be located within an ex isting facility that was reviewed
and approved by the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design
guidelines. The project does not involve any construction or changes to existing development standards and standard City
practices and policies regarding hazardous waste and hazardous materials; no impact from the use, transport, or disposal of
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
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Issues
Less Than
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Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
13
hazardous wastes or materials is anticipated.
d) No Impact. The property located within the BP zone of the AASP is no t included on a list of hazardous materials sites
compiled pursuant to Government Code § 65962.5.
e) No Impact. The proposed text amendment would establish a new allowable use – night clubs –, with a conditional use
permit, within the BP zone of the AASP. The amendment does not propose any changes to development standards that would
change allowable development intensities, densities, or building footprints and is generally intended to regulate uses within
existing structures. The proposed text amendment would not directly result in any new construction or physical change to the
environment. The proposed night club at 855 Aerovista Place will be located within an existing facility that was reviewed and
approved by the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design
guidelines. The San Luis Obispo County Airport Land Use Commission reviewed the proposed text amendment and use
permit and determined they were consistent with the Airport Land Use Plan (ALUP) and wou ld not result in a safety hazard
for people residing or working in the project area.
f) No Impact. There are no private airstrips within the vicinity of the City of San Luis Obispo. No impact would result.
g) No Impact. The project has been reviewed by the Fire Marshal and will not conflict with any emergency response plan or
emergency evacuation plan.
h) No Impact. The City of San Luis Obispo is considered a “community at risk” due to the threat of wildfire impacting the
urban community. These potential risks are mitigated by use of ignition resistant construction methods and materials as
required by the City Fire Marshal during the building plan check review process. The proposed text amendment does not
propose construction or development. The proposed night club (SLO Brew) will be located within an existing facility that
was reviewed and approved by the Architectural Review Commission for compliance with the municipal code and the AASP.
Conclusion: No Impact.
9. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge
requirements?
1, 16,
27
--X--
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local
groundwater table level (e.g. the production rate of pre -existing
nearby wells would drop to a level which would not support
existing land uses or planned uses for which permits have been
granted)?
1, 16,
27
--X--
c) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream
or river, in a manner which would result in substantial erosion
or siltation on or off site?
1, 15,
27
--X--
d) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream
or river, or substantially increase the rate or amount of surface
runoff in a manner which would result in flooding on or off site?
1, 15,
27
--X--
e) Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage systems or
provide substantial additional sources of polluted runoff?
1, 15,
27
--X--
f) Otherwise substantially degrade water quality? 1, 15,
27
--X--
g) Place housing within a 100-year flood hazard area as mapped on
a federal Flood Hazard Boundary or Flood Insurance Rate Map
or other flood hazard delineation map?
1, 15,
27
--X--
h) Place within a 100-year flood hazard area structures which 1, 15, --X--
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Sources Potentially
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Less Than
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Impact
No
Impact
14
would impede or redirect flood flows? 27
i) Expose people or structures to significant risk of loss, injury or
death involving flooding, including flooding as a result of the
failure of a levee or dam?
1, 15,
27
--X--
j) Inundation by seiche, tsunami, or mudflow? 11,
12,
--X--
Evaluation
a, c-f) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within the BP zone of the AASP. The amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. The proposed text amendment would not directly result in any
new construction or physical change to the environment. The proposed night club at 855 Aerovista Place will be located
within an existing facility that was reviewed and approved by the Architectural Review Commission for compliance with
City’s Municipal Code, the AASP and design guidelines. Since no construction is proposed, the proposed text amendment
and use permit will not cause violation of any water quality standards, s ubstantially alter the existing drainage pattern of the
site or area, create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage
systems or provide substantial additional sources of polluted runoff waste discharge requirements.
b) No Impact. The project will be served by the City’s sewer and water systems and will not deplete groundwater resources.
g-j) No Impact. The proposed text amendment and use permit are not part of a development project and do not include any
new construction and therefore will not place housing or other structures within flood haza rd areas or expose people or
structures to significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee
or dam or inundation by seiche, tsunami, or mudflow.
Conclusion: No Impact.
10. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? 1, 10,
27
--X--
b) Conflict with any applicable land use plan, policy, or regulation
of an agency with jurisdiction over the project (including, but
not limited to the general plan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
1, 9,
27, 31
--X--
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
5, 12 --X--
Evaluation
a) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within the BP zone of the AASP. Surrounding properties are zoned Conservation/Open Space, Service Commercial or
Manufacturing uses. Night club use is allowed in the Service Commercial zone and is consistent with the Airport Land Use
Plan (ALUP). The proposed night club at 855 Aerovista Place is surrounded by other properties that are zoned BP within a n
existing building within the Aerovista Business park. Therefore, the text amendment and the use permit do not divide an
established community.
b) No Impact. The proposed text amendment and use permit are requesting a night club – “a facility providing entertainment,
examples of which include live or recorded music and/or dancing, comedy, disc jockeys, etc., which may also serve alcoholic
beverages for on-site consumption” within the BP Zone of the AASP. In this particular request, the proposed use is no t for a
typical night club with late hours and dancing. Instead, the reason for delineating the requested use as a night club is to a llow
for the ability to provide live music and entertainment. The proposed use is consistent with the Title 17 of the City’s
Municipal Code, the General Plan and the AASP which states “activities that are supportive of, or accessory to, the primary
activities may be allowed as well” (AASP Section 4.2.1.). On December 16, 2015 the ALUC reviewed the proposed the
project and determined that the proposed Text Amendments and the request for a night club use permit for the SLO Brew
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CODE-1316-2015
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Issues
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Incorporated
Less Than
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Impact
No
Impact
15
facility were consistent with the ALUP. There are no other applicable plans to this site.
c) No Impact. There are no applicable habitat conservation plans that would affect the text amendment or the use permit.
Conclusion: No impact.
11. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource
that would be of value to the region and the residents of the
state?
5
--X--
b) Result in the loss of availability of a locally-important mineral
resource recovery site delineated on a local general plan,
specific plan or other land use plan?
5
--X--
Evaluation
a, b) No Impact. The proposed text amendment would establish a new allowable use – night clubs –, with a conditional use
permit, within the BP zone of the AASP. The amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. The proposed text amendment would not directly result in any
new construction or physical change to the environment. The proposed night club at 855 Aerovista Place will be located
within an existing facility that was reviewed and approved by the Architectural Review Commission for compliance with
City’s Municipal Code, the AASP and design guidelines. Therefore, the project is not expected to impact mineral resources.
Conclusion: No impact
12. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise
ordinance, or applicable standards of other agencies?
3, 9,
29
--X--
b) Exposure of persons to or generation of excessive groundborne
vibration or groundborne noise levels?
3, 9,
29
--X--
c) A substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project?
3, 9,
29
--X--
d) A substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the
project?
3, 9,
29
--X--
e) For a project located within an airport land use plan, or where
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area to
excessive noise levels?
3, 27,
31
--X--
3
--X--
Evaluation
As analyzed in the City’s LUCE Update EIR, a number of noise‐sensitive land uses are present within the City, including
various types of residential, schools, hospitals and care facilities, parks and recreation areas, hotels and transient lodging, and
place of worship and libraries. Based on ambient noise level measurements throughout the City, major sources of noise
include traffic noise on major roadways, passing trains, and aircraft overflights.
a) Less than significant impact. The proposed text amendment will allow night club use within the BP zone of the AASP.
The proposed text amendment would not directly result in any new construction or physical change to the environment. As
part of the text amendment, the night club use would be conditionally permitted in the BP zone.
The SLO Brew night club is anticipated to generate noise from live performances. A Noise Study was prepared for this
project by David Lord (July 1015) to analyze noise levels that may be generated from the project. The noise study concludes
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Incorporated
Less Than
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Impact
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that the maximum noise level established in the 1996 General Plan Noise Element of 70 dBA will not exceeded at the
property line. This analysis includes sound from a “capacity” event of 600 attendees, with speakers and audience (cheering)
noise. Additionally, live events will be scheduled when the adjacent office buildings are vacant for the weekend.
Residential areas are designated as noise sensitive by the Noise Element. The Noise Element indicates that noise levels of 60
dB are acceptable for outdoor activity areas. The nearest residential receptor is approximately 890 feet from the proposed
performance area and the Noise Study shows that exterior noise levels will be 60 dB or less due to the distance from venue,
presence of a large building which acts a noise barrier, and the continuous traffic on State Route 227. Therefore, exposure of
persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or
applicable standards of other agencies are anticipated to be less than significant.
b) Less than significant. The proposed text amendment will allow night club use within the BP zone of the AASP. The
proposed text amendment would not directly result in any new construction or physical change to the environment. As part of
the text amendment, the night club use would be conditionally permitted in the BP zo ne. The proposed night club (SLO
Brew) is not anticipated to generate groundborne vibration or noise levels. Therefore, exposure of persons to or generation of
excessive groundborne vibration or groundborne noise levels is anticipated to be less than significant.
c, d) Less than significant. The proposed text amendment would establish a new allowable use – night clubs –, with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures. The proposed text amendment would not
directly result in any new construction or physical change to the environment. The proposed night club at 855 Aerovista
Place will be located within an existing facility that was reviewed and approved by the Architectural Review Commission for
compliance with City’s Municipal Code, the AASP and design guidelines. The proposed night club (SLO Brew) may result
in short term event-related noise; however, the use would not result in substantial on-going ambient noise.
d) Less than significant. The proposed night club (SLO Brew) may result in short term periodic event related noise, however,
the use would not result in substantial on-going ambient noise above existing levels since it would comply with noise
limitations established in the Noise Element of the General Plan and the Noise Guidebook and restricted to the hours and
noise levels allowed by City ordinance.
e) Less than significant. The San Luis Obispo County Airport Land Use Commission reviewed the proposed text amendment
and use permit and determined a night club was not noise sensitive use. As noted in section XII a above, the SLO Brew night
club is anticipated to generate noise from live performances. A Noise Study was prepared for this project by David Lord (July
1015) to analyze noise levels that may be generated from the project as well as noise generated by the airport. The noise
study identifies that the site is within the project 65 dBA airport single event noise contour which is an acceptable outdoor
noise exposure per the noise element of the General Plan.
f) No Impact. There are no private airstrips within the vicinity of the BP zone and 855 Aerovista Place. No impact would
result.
Conclusion: Less than significant impact
13. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either directly
(for example, by proposing new homes and businesses) or
indirectly (for example, through extension of roads or other
infrastructure)?
1, 2,
6, 27,
31
--X--
b) Displace substantial numbers of existing housing, necessitating
the construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
1, 6,
27, 31
--X--
1, 6,
27, 31
--X--
Evaluation:
a) Less than significant. The proposed text amendment would establish a new allowable use – night clubs –, with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
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CODE-1316-2015
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Incorporated
Less Than
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Impact
No
Impact
17
standards, and is generally intended to regulate uses within existing structures. The proposed text amendment would not
directly result in any new construction or physical change to the environment. The proposed night club at 855 Aerovista
Place will be located within an existing facility that was reviewed and approved by the Architectural Review Commission for
compliance with City’s Municipal Code, the AASP and design guidelines.
New employment generated by the proposed use would not be considered substantial. Considering the project area is
currently developed, and the proposed project would utilize existing infrastructure at the subject location, the project would
not induce additional growth that would be considered significant. No upgrades to the existing infrastructure would be
required to serve the project. The proposed project would not involve any other components that would induce further growth
not already anticipated under the General Plan envisioned under the current site zoning designation. Impacts are considered
less than significant.
b,c) No Impact. The proposed text amendment and use permit do not propose construction or development of housing and
would not displace substantial numbers of existing housing or people, necessitating the construction of replacement housing.
Therefore the project would have no impact.
Conclusion: Less than significant impact.
14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or other performance
objectives for any of the public services:
a) Fire protection? 4, 9 --X--
b) Police protection? 4, 9 --X--
c) Schools? 9 --X--
d) Parks? 5 --X--
e) Other public facilities? 9 --X--
Evaluation
a) Less than significant. The proposed text amendment would establish a new allowable use – night clubs –, with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures. The proposed text amendment would not
directly result in any new construction or physical change to the environment. The proposed night club at 855 Aerovista
Place will be located within an existing facili ty that was reviewed and approved by the Architectural Review Commission for
compliance with City’s Municipal Code, the AASP and design guidelines. As such, The City has adequate fire protection
services to serve the proposed text amendment and use permit without the need for new facilities or services.
b) Less than significant. T he project site is served by the City of San Luis Obispo Police Department for police protection
services. The proposed text amendment would not directly result in any new construction or physical change to the
environment. The proposed night club at 855 Aerovista Place will be located within an existing facility that was reviewed and
approved by the Architectural Review Commission for compliance with the municipal code and the A ASP. The applicant has
also submitted a supplemental security management plan that identifies staff security operations, training and management
program to control alcohol-related issues, safety and security and other potential issues that may occur or be associated with
this use. The Police Department has reviewed the proposed use permit and determined it would not result in the need for
increased patrols or additional units such that new police facilities would need to be constructed. There would be no physical
impacts related to the construction of new police facilities, and i mpacts related to police protection would be less than
significant.
c, d) No Impact. The proposed text amendment and use permit will not impact schools, parks and/or park service s since the
project will not create new or demand for new housing.
e) No Impact. There are no other applicable public facilities that could be impacted by the text amendment or use permit.
Conclusion: Impacts are considered less than significant.
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
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Less Than
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Incorporated
Less Than
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Impact
No
Impact
18
15. RECREATION.
a) Would the project increase the use of existing neighborhood or
regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur or
be accelerated?
1, 9,
27
--X--
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities which might
have an adverse physical effect on the environment?
1, 9,
27
--X--
Evaluation:
a, b) No Impact. The proposed text amendment and use permit will not impact parks or other recreation facilities because no
new construction is anticipated as part of the text amendment and use permit.
Conclusion: Less than significant impact
16. TRANSPORTATION/TRAFFIC. Would the project:
a) Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the performance of
the circulation system, taking into account all modes of
transportation including mass transit and non-motorized travel
and relevant components of the circulation system, including but
not limited to intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit?
2, 9,
27
--X--
b) Conflict with an applicable congestion management program,
including, but not limited to level of service standards and travel
demand measures, or other standards established by the county
congestion management agency for designated roads or
highways?
2, 9
--X--
c) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in
substantial safety risks?
31
--X--
d) Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)?
2, 9
--X--
e) Result in inadequate emergency access? 2, 4, 9 --X--
f) Conflict with adopted policies, plans, or programs regarding
public transit, bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such facilities?
2, 27
--X--
Evaluation
Evaluation
a) Less than significant with mitigation incorporated. The proposed text amendment would establish a new allowable use –
night clubs – with a conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes
to development standards, and is generally intended to regulate uses within existing structures. The proposed text amendment
would not directly result in any new construction or physical change to the environment and would not impact the
performance of the circulation system.
The proposed night club use at 855 Aerovista will operate on Friday evenings from 5:00 pm to 11:00 pm, and Saturdays and
Sundays, 10:00 am to 11:00 pm with no more than a maximum attendance of 600 people. The night club use is anticipated to
generate more than 100 trips during peak hour (5:00 pm to 6:00 pm), increasing congestion on State Route 227/Broad Street.
To mitigate this impact the project will be conditioned such that events related to the night club use permit are prohibited
during peak traffic hours (4:00 pm to 6:00 pm. In addition the project will be condition such that if congestions levels exceed
local or state thresholds at any time during night club use permit hours additional permit restrictions may be applied to the
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
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with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
19
satisfaction of the Public Works Department to ensure compliance with City General Plan policies.As such, the project could
result in significant but mitigatable impacts related to the performance of the circulation system.
b) Less than significant. The proposed text amendment would establish a new allowable use – night clubs – with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures with existing infrastructure.
The proposed night club at 855 Aerovista Place will be located within an existing facility that was reviewed and approved by
the Architectural Review Commission for compliance with City’s Municipal Code, the AASP and design guidelines.
Regional access to the project site is provided by Highway 101, located west of the project site. Local access to the project
site is provided by SR 227/Broad Street and Aerovista Place. All roadways in the immediate project vicinity have curbs,
gutters, sidewalks, and on-street parking. The project does not conflict with any applicable circulation system plans and does
not significantly add to demand on the circulation system or conflict with any congestion management programs or any other
agency’s plans for congestion management.
c) No Impact. The proposed text amendment and use permit would not result in a change in air traffic patter ns and/or increase
in air traffic levels that would result in substantial safety risks.
d) No Impact. The proposed text amendment would establish a new allowable use – night clubs – with a conditional use
permit, within the BP zone of the AASP. The amendment does not propose any changes to development standards, and is
generally intended to regulate uses within existing structures. The proposed night club at 855 Aerovista Place will be locate d
within an existing facility that was reviewed and approved by t he Architectural Review Commission for compliance with
City’s Municipal Code, the AASP and design guidelines. The project does not involve the construction of any roadway and
would have no effect on the City’s street and site design standards.
e) No Impact. The proposed text amendment and use permit do not involve any road construction or any development
activity and thus will not obstruct or restrict emergency access to or through the City. As p roposed, the project would not
alter the existing travel flow of vehicles, bicyclists, or pedestrians or substantially increase traffic on local streets. Therefore,
the proposed project would not have a negative effect on emergency access.
f) No Impact. The proposed text amendment and use permit would not conflict with adopted polices, plans or programs
regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such faciliti es.
The Regional Transportation Authority (RTA) bus line Route 10 Express (10X) is locate d within walking distance of the
proposed night club at 855 Aerovista Place allows public transportation services to and from the Downtown Transit Center.
City standards require provision of on-site bicycle storage. The proposed project includes a 12 shor t term bicycle parking
spaces and 3 long term bicycle lockers that meets code requirements.
Mitigation Measure T-1: Night club use permit events shall not be permitted on Fridays between the hours of 4:00 pm and
6:00 pm.
Mitigation Measure T-2: Vehicle trips associated with the subject property shall be less than 35 per hour (the base trip
generation for the brewery manufacturing and restaurant use excluding the event use) on Fridays between the hours of 4:00
p.m. to 6:00 p.m. If the number of trips e xceeds the 35 trips per hour threshold during this period, then the events permitted
under this use permit related to the night club use shall be further prohibited on Friday night up until 8:00 pm or prohibite d on
Friday nights altogether, at the discretion of the Public Works Director.
Conclusion: Less than significant impact
17. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
7,16 --X--
b) Require or result in the construction or expansion of new water
or wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
7,16 --X--
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Issues, Discussion and Supporting Information Sources
CODE-1316-2015
Sources Potentially
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Issues
Less Than
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Mitigation
Incorporated
Less Than
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Impact
No
Impact
20
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
7, 9,
16
--X--
d) Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new and
expanded entitlements needed?
7,16 --X--
e) Result in a determination by the wastewater treatment provider
which serves or may serve the project that it has adequate
capacity to serve the project’s projected demand in addition to
the provider’s existing commitments?
7,16 --X--
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project’s solid waste disposal needs?
8 --X--
g) Comply with federal, state, and local statutes and regulations
related to solid waste?
--X--
Evaluation
a-e) Less than significant. The proposed text amendment would establish a new allowable use – night clubs – with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures. The proposed text amendment would not
directly result in any new construction or result in an incremental increase in demand on City infrastructure, including wat er,
wastewater and storm water facilities.
The proposed night club at 855 Aerovista Place will be located within an existing facility that would result in an incrementa l
increase in demand on City infrastructure, including water, wastewater and storm wate r facilities. Development of the site is
required to be served by City sewer and water service, which both have adequate capacity to serve the use. Existing storm
water facilities are present in the vicinity of the project site, and it is not anticipated t he proposed project will result in the
need for new facilities or expansion of existing facilities which could have significant environmental effects .
f, g) Less than significant. The proposed text amendment would establish a new allowable use – night clubs – with a
conditional use permit, within the BP zone of the AASP. The amendment does not propose any changes to development
standards, and is generally intended to regulate uses within existing structures. The proposed night club at 855 Aerovista
Place will be located within an existing facility that was reviewed and approved by the Architectural Review Commission for
compliance with City’s Municipal Code, the AASP and design guidelines. San Luis Garbage has reviewed the location and
size of enclosures at the SLO Brew Production Facility and determined that they are sufficient in size to handle the all the
garbage and recycling for the facility.
Conclusion: Less than significant impact.
18. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of a
rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
--X--
As identified in the biological evaluation and the cultural resource evaluation, the text amendment and use permit would not
degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildl ife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal or and there are no examples of the major periods of California
history or prehistory on the project site.
b) Does the project have impacts that are individually limited, but --X--
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CODE-1316-2015
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Incorporated
Less Than
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Impact
No
Impact
21
cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are considerable
when viewed in connection with the effects of the past projects,
the effects of other current projects, and the effects of probable
future projects)?
Potential cumulative impacts of the project on air quality, biological resources and water quality have been adequately
reduced, avoided and mitigated to not result in cumulatively considerable impacts.
c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly?
--X--
This project could not result in substantial adverse effects on human beings, either directly or indirectly.
19. EARLIER ANALYSES.
Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have
been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion
should identify the following items:
a) Earlier analysis used. Identify earlier analyses and state where they are available for review.
N/A
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately
analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
N/A
c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation
measures which were incorporated or refined from the earlier document and the extent to which they address site -specific
conditions of the project.
N/A
20. SOURCE REFERENCES.
1. City of SLO General Plan Land Use Element, December 2014
2. City of SLO General Plan Circulation Element, December 2014
3. City of SLO General Plan Noise Element, May 1996
4. City of SLO General Plan Safety Element, March 2012
5. City of SLO General Plan Conservation & Open Space Element, April 2006
6. City of SLO General Plan Housing Element, January 2015
7. City of SLO Water and Wastewater Element, July 2010
8. City of SLO Source Reduction and Recycling Element, on file in the Utilities Department
9. City of San Luis Obispo Municipal Code
10. City of San Luis Obispo Community Design Guidelines, June 2010
11. City of San Luis Obispo, Land Use Inventory Database
12. City of San Luis Obispo Zoning Regulations March 2015
13. City of SLO Climate Action Plan, August 2012
14. 2013 California Building Code
15. City of SLO Waterways Management Plan
16. Water Resources Status Report, July 2012, on file with in the Utilities Department
17. Site Visit
18. City of San Luis Obispo Staff Knowledge
19. Website of the Farmland Mapping and Monitoring Program of the California Resources Agency:
http://www.consrv.ca.gov/dlrp/FMMP/
20. CEQA Air Quality Handbook, Air Pollution Control District, April 2012
21. Institute of Transportation Engineers, Trip Generation Manual, 9 th Edition, on file in the Community
Development Department
22. City of San Luis Obispo, Archaeological Resource Preservation Guidelines, on file in the Community
Development Department
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CODE-1316-2015
Sources Potentially
Significant
Issues
Less Than
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with
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Incorporated
Less Than
Significant
Impact
No
Impact
22
23. City of San Luis Obispo, Historic Site Map
24. Not used
25. Site Plan
26. Applicant project statement/description
27. Airport Area Specific Plan
28. Website of California Department of Transportation
http://dot.ca.gov/dist05/planning/maps/scenic_highway_system.pdf
29. Sound Level Assessment for SLO Brew Production Building by David Lorde, July 3, 2015
30. Website of the California Environmental Protection Agency, Cortese List:
http://calepa.ca.gov/sitecleanup/corteselist/default.htm
31. Airport Land Use Plan (ALUP)
Attachments:
1. Amendments to Title 17 (Zoning Regulations) and the Airport Area Specific Plan
2. Zoning Designation Map
3. Site Plan
4. Sound Level Assessment for SLO Brew Production Building by David Lorde, July 3, 2015
REQUIRED MITIGATION AND MONITORING PROGRAMS
Transportation/Traffic
Mitigation Measure T-1: Night club use permit events shall not be permitted on Fridays between the
hours of 4:00 pm and 6:00 pm.
Monitoring Plan, T-1: The hours of operation shall be included as part of the business license
application and will be incorporated as part of the conditions of approval for the use permit . City
staff will periodically inspect the site for continued compliance with the above mitigation measures.
Mitigation Measure T-2: Vehicle trips associated with the subject property shall be less than 35 per
hour (the base trip generation for the brewery manufacturing and restaurant use excluding the event use)
on Fridays between the hours of 4:00 p.m. to 6:00 p.m. If the number of trips exceeds the 35 trips per
hour threshold during this period, then the events permitted under this use permit related to the night
club use shall be further prohibited on Friday night up until 8:00 pm or prohibited on Friday nights
altogether, at the discretion of the Public Works Director.
Monitoring Plan, T-2: Within one year of the effective date of this use permit and annually
thereafter, City staff will periodically conduct traffic counts during Friday events to determine the
number of trips associated with the Subject property on Friday night between the hours of 4:00 p.m.
to 6:00 p.m.
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Planning Commission Minutes
DRAFT
SAN LUIS OBISPO
PLANNING COMMISSION MEETING MINUTES
Wednesday, February 10, 2016
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Planning Commission was called to order on
Wednesday, February 10, 2016 at 6:00 p.m. in the Council Chamber, located at 990 Palm
Street, San Luis Obispo, California, by Chairperson Larson.
PLEDGE OF ALLEGIANCE
Chair Larson led pledge of Allegiance.
ROLL CALL
Commissioners
Present: Hemalata Dandekar, Michael Draze, Ronald Malak, William Riggs, John
Fowler, Vice-Chairperson Michael Multari, and Chairperson John Larson.
City Staff
Present: Deputy Community Development Director Doug Davidson, Associate
Planner Rachel Cohen, Contract Planner John Rickenbach, Community
Development Director Michael Codron, Assistant City Attorney Jon
Ansolabehere, Assistant City Clerk John Paul Maier, and Recording
Secretary Brad T. Opstad.
ACCEPTANCE OF THE AGENDA
The agenda was accepted as presented.
CONSIDERATION OF MINUTES
Motion to approve Minutes of the Planning Commission meeting of December 9, 2015, as
presented, made by Commissioner Draze, seconded by Commissioner Malak, passed 7-0.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
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Planning Commission Minutes of February 10, 2016 Page 2
PUBLIC HEARING
1. Airport Area Specific Plan & 855 Aerovista Place. CODE-1316-2015: Review a
request to amend the Airport Area Specific Plan and Zoning Regulations to allow a Night
Club land use (live indoor/outdoor entertainment) within the Business Park zone with a
use permit and review a request for a use permit for a Night Club, shared and mixed-used
parking reduction and off-site parking at 855 Aerovista Place; exempt per the General
Rule Section 15061(b)(3) and categorically exempt from environmental review; BP-SP
zone; Auzco Development, LLC, applicant.
Associate Planner Rachel Cohen presented the staff report and stated that Staff is
recommending additional language to amend the Zoning Regulations, Table 9, to allow night
club use in the Business Park (BP) zone with a use permit, as well as amend the Airport Area
Specific Plan (AASP) to allow night club use in the Business Park (BP) zone, Table 4.3, with a
use permit.
Hamish Marshall, representing the applicant SLO Brewing Company, described the project and
displayed a PowerPoint slide depicting the Master Site Plan of Aerovista Business Park to
illustrate reciprocal parking rights and the conceptual plan for parking after 5:30 p.m.
PUBLIC COMMENT
Mila Vujovich-La Barre, San Luis Obispo, expressed objections to the project because of the
location and asked if neighbors were adequately noticed.
Mike Manchak, Lisa McCann and Steve Delmartini, all of San Luis Obispo, provided comments
in support of the project.
COMMISSION DISCUSSION
In response to Commission inquiry regarding noise levels, Deputy Director Davidson indicated
that Staff supports the analysis in the Sound Level Assessment report provided by the applicant,
which concludes that the project is compatible with the Airport and, further that is in
conformance with City regulations.
Planner Cohen confirmed that the City had provided adequate notice to tenants and owners of
neighboring properties within 300-feet of the proposed project.
In response to inquiry by Chair Larson, Hamish Marshall indicated that SLO Brew has 3,200
square feet of indoor space and is proposing that about 80% of the concerts will be held
outdoors.
In response to Commissioner Fowler’s inquiry, Planner Cohen responded that in the BP zone,
light manufacturing use is allowed. Deputy Director Davidson added that a tasting room,
technically a bar, was approved at the administrative use permit level.
In response to Commissioner Dandekar’s inquiry, Deputy Director Davidson reported that there
are two ways uses can be approved in this site-specific context: namely by changing the text on
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Planning Commission Minutes of February 10, 2016 Page 3
the chart or by changing the underlying zoning to something that would allow for it. He
mentioned that Staff opted for altering the chart text because it was the most direct and
appropriate method and noted that a case-by-case study would follow for all other locations that
might not contain this site’s unique tenets.
Chair Larson pointed that San Luis Obispo has only three BP zones and that Staff has added a
footnote to Table 9 to reflect that this particular change would only affect the BP zone in the
Airport Area. He added that this geographically-narrows the possibility for this type of
application in the future to those areas in the BP zone strictly within the AASP.
Commissioner Riggs suggested that Staff address underlying zoning issues insofar as uses are
becoming increasingly general and the Commission is still operating with code requirements
that do not reflect the generality of many of these evolving uses.
Commissioner Dandekar requested more information about the proper definition for what the
applicant is proposing. Associate Planner Cohen explained that live entertainment is part of the
description for a “night club”. Deputy Director Davidson added that designating it an
“amphitheatre” presents problems.
In response to Chair Larson’s inquiry about 61 spaces offsite proposed for parking, Associate
Planner Cohen explained that the plan provides parking for existing uses as well as for the new
use through an agreement with other parcel owners.
Commissioner Draze made a motion to approve a Resolution recommending to the City Council
the approval of amendments to Title 17 (Zoning Regulations) and the Airport Area Specific Plan
to allow night club land use within the Business Park zone; as amended (changes to Exhibits A and
B to specify that a night club use in the Business Park zone (Airport Area only by footnote) requires a
Planning Commission Use Permit instead of a Director’s (Administrative) Use Permit; Commissioner
Malak seconded the motion.
Chair Larson requested clarification of Section 3 of the Resolution regarding “all tall structures”.
Associate Planner Cohen reported that the Airport Land Use Commission requested the
condition because the AASP has a building height restriction, which would apply.
On the motion by Commissioner Draze, seconded by Commissioner Malak, the Resolution was
adopted by the following roll call vote:
AYES: Draze, Malak, Fowler, Larson, Dandekar
NOES: Multari
REFRAIN: Riggs
ABSENT: None
Motion passed 6-1.
Commissioner Riggs made a motion to approve a Resolution recommending to the City Council
approval of a request to allow a night club and off-site parking in the Business Park Zone, with a
categorical exemption from environment review; as amended (Condition Number 2 - hours of
operation to 6 p.m. and consolidate Condition #6 within #13 to be clear that the conditions will
be combined into one in compliance with the security plan); Commissioner Draze seconded the
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Planning Commission Minutes of February 10, 2016 Page 4
motion.
In response to Chair Larson’s inquiry about Condition 4, Associate Planner Cohen confirmed
that Staff has the ability to require alternative offsite parking measures if parking availability
becomes an issue.
Commissioner Malak offered an amendment to the motion to add a recommendation that
Council consider the installation of solar panels and solar canopies on the property. The motion
amendment failed for lack of a second.
On the motion by Commissioner Riggs, seconded by Commissioner Draze, the Resolution was
adopted by the following roll call vote:
AYES: Riggs, Draze, Fowler, Larson, Dandekar
NOES: Malak, Multari
ABSENT: None
Motion passed 5-2.
Chair Larson called for recess at 7:58 p.m. Vice-Chair Multari reconvened the meeting back to
order at 8:06 p.m. and introduced the next item.
PUBLIC HEARING
1. 1035 Madonna Road. ANNX-1502-2015: Conceptual review of land use-related issues
for the San Luis Ranch Specific Plan (Chapters 1-4), requesting feedback related to the
plan development; Coastal Community Builders. (John Rickenbach)
Commissioner Riggs departed the dais; Chair Larson recused himself due to a potential
conflict of interest.
Contract Planner John Rickenbach provided the staff report and outlined key questions for
Commission input, including how well the Specific Plan responds to the General Plan
requirements, the envisioned land use mixture and pattern, the Open Space Requirement and
Policy 8.1.4, product types and densities relative to what is contained in the LUCE, community
character and neighborhood form, and the interfaces between residential and
commercial/agricultural.
In response to Commissioner Malak’s inquiry regarding product types and densities having
reached perceived saturation points, Planner Rickenbach responded that this project is a long-
range, market-driven planning effort providing for future-envisioned needs.
In response to Commissioner Malak’s inquiry concerning three billboards on 101 and the
potential conditioning of contractual language toward their removal as part of the project,
Assistant City Attorney Jon Ansolabehere stated that the highly litigated billboard industry has a
fairly comprehensive statutory scheme regarding removal.
RRM Design Architect, Scott Martin, representing the applicant, provided an overview of the
proposed project and highlights of the planned amenities. In response to Commission inquiry,
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AF'R
�E Newspaper of the Central Coast � 7 20116
TMBUNE
3825 South Higuera • Post Office Box 112 1 San Luis Obispo, California 93406-0112 • (805) 781-7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
GIT OF
AFFIDAVIT OF PUBLICATION
J &-MLWOB1SP0
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
AD # 2402041
CITY OF SAN LUIS OBISPO
The sen Luis Obispo o Council invites
t
all interested persons to attend a public
OFFICE OF THE CITY CLERK
hearing on Tuesday, May 3, 2016, at 6:00
p.m. in the City Hall Council Chamber.
990 Palm Street, San Luis Obispo, Call-
fornia, relative to the following:
STATE OF CALIFORNIA
1. REVIEW OF AN APPEALFILt-D BY
NAOMI HOFFMANi OF TtfE ARCHiTEC-
ss.
TURAL REVIEW COMMISSION'S DECI-
County of San Luis Obispo
S_I64 TO APPROVE A NEN- SINGLE
r 1.1111 V ISL-CIAC74llCC I" TLIC R -1_S
I am a citizen of the United States and a resident of the T° "'E Fpm' T""" n" "E"" x' -I
BACK AND NEIGHT 44 8UFlMA VISTA
County aforesaid; I am over the age of eighteen and not AVENU
interested in the above entitled matter; I am now, and at A public hearing to consider an appeal of
all times embraced in the publication herein mentioned the Architectural Review Commission's de-
cislpn to adopt a Resolution entitled "A Res -
was, the principal clerk of the printers and publishers of olution of the City Council of the City of
THE TRIBUNE a newspaper of general Circulation sen Luis Obispo. California.fadenying the
� g � i appeal o! the design of a new single-family
printed and published daily at the City of San Luis residence In the R -1-S (Special Considers -
irons Overlay) Zone that Includes front yard
Obispo in the above named county and state; that notice setback and height exceptions, with a cate-
at which the annexed clippings is a true copy, was gonial exemption from environmental re-
view, as represented in the City Council
published in the above-named newspaper and not in any agenda repon and attachments dated May
supplement thereof — on the following dates to wit' 3. 2016 (40 Buena Vista Avenue sDU•
1521-2o1s)."
APRIL 22, 2016, that said newspaper was duly and
2. CONStDF3iATION OF A hE1fI1 RE81-
regularly ascertained and established a newspaper of DEN11AL SUBDIVISION fEfi-TR 224#4
general circulation b Decree entered in the Superior VESTING TENTATIVE TRAC.7 MAF
g Y p If 011 LOCATtED AT UR91LI A�tG
Court of San Luis Obispo County, State of California, on TANK FARM ROADS IN THE ORCUTI
June 9, 1952, Case #19139 under the Government Code
AREA
sr SPECIFIC
ND O PLANNING AREA
of the State of California. INITML STUDY AND MITIGATED rte° -
I certify (or declare) under the penalty of perjury that the
A public hearing to consider the Planning
foregoing is true and correct. commission's recommendation to adopt
resolutions approving the following:
1. A Mitigated Negative Declaration of En-
(Signat of Principal Clerk) vironmentai Impact for the project; and,
DATED: APRIL 22, 2016 2. A Vesting Tentative Tract Map (No,
3083. ER -TR 224-14) creating 77 lots and
AD COST: $271.44 up to 172 residential units at 1299 Orcutl
Road (a.k.a. "West Creek"; Application No.
SBDV- 1769-2015) as conditioned therein.
3. Recommendations to be considered by
the Architectural Review Commission
(ARC) during Final Design Review of the
project as follows:
a, Consider prohibiting a swimming
pool as part of the project; and,
b. Provide special attention to reducing
heights of retaining walls in the final de-
sign.
The City Council may also discuss other
hearings or business items before or after-
the
fterthe items listed above. If you challenge the
proposer) project in court, you may be limit-
ed to raising only those issues you or
someone else raised at the public hearing
described in this notice, or in written corre-
spondence delivered to the City Council at,
or prior to, the public hearing.
Reports for this meeting will be available
for review In the City Clerks Office and on-
line at r ww.sloci1Kar,�r on Wednesday,
April 27, 2016. Please call the City Cledk's
Office at (805) 781-7100 for more Informa-
tion. The City Council meeting will be tele-
vised live on Charter Cable Channel 2C
and live streaming on www.slocitv.org.
Lee Price, MMC
Interim City Clerk
City of San Luis Obispo
ADHI22.2016 2402041
17HE Newspaper of the Central Coast
MBLNE
3825 South Higuera • Post Office Box 112 • San Luis Obispo, Califomi
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFrDAVIT OF PUBLICATION
AD # 2408540
CITY OF SAN LUIS OBISPO
OFFICE OF THE CITY CLERK
STATE OF CALIFORNIA
ss.
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above-named newspaper and not in any
supplement thereof — on the following dates to wit;
APRIL 23, 2016, that said newspaper was duly and
regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case 419139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
UVyWW-----
(SignatuWof Principal Clerk)
DATED: APRIL 23, 2016
AD COST: $364.24
QTY OF
i� Llm 4SI sPo
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARINGS -
CORRECTION NOTICES
The San Luis Obispo City Council invites
all interested persons to attend a oublic
hearing on Tuesday, May 3, 2016, at 6:00
p.m. in the City Hall Council Chamber,
990 Palm Street, San Luis Obispo, Cali-
fornia, relative to the following:
1. CORRECTION NOTICE - this item num-
ber is being reheard at the May 3, 2016
City Council meeting.
A public hearing to consider the following
?. Introduce an Ordinance entitled "An Or-
dinance of the City Council of the City of
San Luis Obispo, Califomia amending Title
17 (Zoning Regulations) and the Airport
Area Specific Plan to allow a night club
land use within the Business Park (B -P)
Zone and adopting a mitigated negative
declaration of environmental impact
(CODE -1316-2015).'
2. Adopt a Resolution entitled "A Resolu-
tion of the City Council of the City of San
Luis Obispo, California, approving a night
club use permit with off-site parking in the
Business Park Zone at 855 Aerovista
Place and adopting a mitigated negative
declaration of environmental impact as rep.
resented in the staff report and attach-
ments dated April 19, 2016 (CODE -1316-
2016)."
Reports for this meeting will be available
for review in the City Clerk's Office and or,
line at www.slocity.org on Wednesday,
April 27. 2016. Please call the City Clerk's
Office at (805) 781-7100 for more informa-
tion. The City Council meeting will be tele-
vised live on Charter Cable Channel 20
and live streaming on www.slocitv.or-g.
2. CORRECTION NOTICE - this item was
previously scheduled for May 3, 2016 and
Is now scheduled for the Tuesday, May
17, 2015 City Council meeting, at 4:00
p.m. in the City Hall Council Chamber,
990 Palm Street, San Luis Obispo, Cali -
A public hearing to consider the Planning
Commission's recommendation to adapt
resolutions approving the following:
1. A Mitigated Negative Declaration of En-
vironmental Impact for the project; and,
A Vesting Tentative Tract Map (No.
G. ER -TR 224.14) creating 77 foes and
to 172 residential units at 1299 Orcutt
W (a.k.a. "West Creek"; Application No.
7V-1769-2015) as conditioned therein.
3. Recommendations to be considered by
the Architectural Review Commission
(ARC) during Final Design Review of the
project as follows:
a. Consider prohibiting a swimming
pool as part of the project; and,
b. Provide special attention to reducing
heights of retaining walls in the final de-
sign.
Reports for this meeting will be available
for review in the City Clerk's Office and on-
line at www.slocity_org on Wednesday,
May 11, 2016. Please call the City Clerk's
Office at (805) 781-7100 for more informa-
tion. The City Council meeting will be tele-
vised live on Charter Cable Channel 20
and live streaming on www.slocitv.org.
The City Council may also discuss other
hearings or business items before or after
the items listed above. If you challenge the
proposed project in court, you may be limit.
ed to raising only those issues you or
someone else raised at the public hearing
described in this notice, or in written corre-
spondence delivered to the City Council at,
or prior to, the public hearing.
Lee Price, MMC
Interim City Clerk
City of San Luis Obispo
April 23,2016 2408540