HomeMy WebLinkAboutr10396appealoftheplanningcommisionsapprovalofanightclub(slobrew)relocationinthehistoricdowntownzonea57-12RESOLUTION NO . 10396 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL O F
THE PLANNING COMMISSION'S ACTION TO APPROVE THE PROJECT ,
MODIFYING THE PLANNING COMMISSION'S APPROVAL, AND GRANTIN G
FINAL APPROVAL OF A NIGHT CLUB USE PERMIT ALLOWING TH E
RELOCATION OF SLO BREWING COMPANY INTO THE MASTER LIST CARRIS A
BUILDING AS REPRESENTED IN COUNCIL AGENDA REPORT AN D
ATTACHMENTS DATED NOVEMBER 20, 2012 (736/738 HIGUERA STREET, A 57-12 )
WHEREAS,the Planning Commission, on July 11, 2012, approved a Night Club Us e
Permit to allow relocation of SLO Brewing Company in the Historic Downtown Commercial
zone ; an d
WHEREAS,David Brodie, on behalf of Save Our Downtown, filed an appeal of th e
Planning Commission's action on July 20, 2012 ; and
WHEREAS,the City Council, on September 25, 2012, conducted a public hearing fo r
the purpose of considering the appeal of the Planning Commission's action and continued th e
hearing with direction to the applicant for project revisions ; and
WHEREAS,the City Council 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, o n
November 20, 2012, for the purpose of considering revised plans for the final approval ; and
WHEREAS,the City Council has duly considered all evidence, including the record o f
the Planning Commission hearing and action, testimony of interested parties, and the evaluatio n
and recommendations by staff, presented at said hearing .
NOW, THEREFORE, BE IT RESOLVED,by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .Findings .Based upon all the evidence, the City Council makes th e
following findings :
1.As conditioned, the use will not harm the general health, safety, and welfare of peopl e
living or working in the vicinity because conditions on the Use Permit approval wil l
minimize noise impacts, as well as impacts to police resources and the community .
2.The proposed project is consistent with the General Plan, which designates the project sit e
as Downtown Commercial (C-D). The City General Plan Land Use Element Policy 4 .3 ,
Entertainment and Cultural Facilities, states that "...Entertainment facilities, such a s
nightclubs and private theaters, should be in the downtown ..."
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Resolution No . 10396 (2012 Series )
Page 2
3.The proposed project is consistent with General Plan policy to locate, at the street level ,
restaurants, stores, and other uses benefiting from and contributing to pedestrian traffi c
(LUE 4 .16 .1).
4.The proposed use is consistent with Land Use Element Society and Economy goal #24 ; to
serve as the County's hub for entertainment and cultural services .
5.The property owner has agreed to conditions of approval that place restrictions on the us e
of the property to insure that nuisances and significant burdens on police resources do no t
occur.
6.As conditioned, the proposed use is compatible with the project site and with existing an d
potential uses in the vicinity which include retail shops, offices, restaurants, and bars .
Conditions of approval have been adopted to minimize potential disturbances and crimina l
activities .
SECTION 2 .Environmental Review .Categorically exempt under the following : Section
15301 (Existing Facilities) of the CEQA Guidelines because the project proposes the relocatio n
of a business into an existing building with no overall increase in floor area of that existin g
building, Section 15331 (Historical Resource Restoration/Rehabilitation) because modification s
to the building will be consistent with the Secretary of the Interior's Standards for the Treatmen t
of Historic Properties, and Section 15332 (In-Fill Development Projects) because the project i s
within City limits, consistent with applicable City policy, surrounded by urban uses, and on a
project site less than 5 acres in size served by required utilities and public services .
SECTION 3 .Action .The City Council hereby denies the appeal of the Plannin g
Commission's action to approve the project and grants final approval of a Night Club Use Permi t
allowing the relocation of SLO Brewing Company within the Historic Downtown Commercia l
zone, with incorporation of the following conditions :
Conditions :
1.Prior to establishment of the use, a building plan check submittal that is in full conformanc e
with submitted project plans and the following conditions of approval shall be submitte d
for review and approval of the Community Development Department .
2.All improvements to the building shall be done in compliance with the Secretary of th e
Interior's Standards for the Treatment of Historic Properties and shall be reviewed by th e
Cultural Heritage Committee .
3.Plans submitted for a building permit shall substantially comply with occupant load s
provided in revised plans dated October 19, 2012 and approved by the City Counci l
(November 20, 2012 hearing), or the project will require modification to this Use Permit .
4.The roof level patio shall not exceed a maximum occupant load of 49 persons .
Resolution No .10396 (2012 Series )
Page 3
5 . Prior to release of occupancy, the applicant shall pay applicable parking in-lieu fees for th e
change in use from retail to restaurant/bar/nightclub, a difference of approximately 1 2
parking spaces .
The applicant shall provide a minimum of ten short-term bicycle parking spaces on-site .
7.
Entertainment shall be located only in the areas specified on floor plans stamped wit h
Community Development Department approval .
8.Live entertainment, above the level that is compliant with the City's definition of ambient
entertainment, shall be confined to the second level auditorium as shown on project plan s
and entertainment events shall not be performed outside the hours of 6 :00 p .m. to 1 :00 a.m .
A modification to event hours of operation (second level auditorium) to allow earlie r
operation of small scale events with no patron queue may be allowed subject to the revie w
and written approval of the Community Development and Police Departments . General
business hours for use of the space that does not include live entertainment shall be limite d
to 7 :00 a.m . to 2 :00 a .m . Monday through Sunday with all outdoor hours of operatio n
limited to 7 :00 a.m . to 11 :00 p .m .
9.Live or amplified entertainment shall not be allowed in any outdoor areas (i .e . Higuera
Street dining, creek-side dining, roof level patio). Acoustic or background music, consisten t
with the City's definition of ambient entertainment, is allowed in outdoor areas from 7 :0 0
a.m . to 11 :00 p .m .
10.The proposed use shall operate in conformance with the City Noise Ordinance (M .C .
Chapter 9 .12,Noise Control) to maintain compatibility with the nearby residences an d
businesses . The project shall operate within the noise levels established by the applicant's
submitted sound level assessment .
11.The applicant is responsible at all times for verifying the legal age of patrons prior to entry ,
for monitoring patrons' on site alcohol consumption, and for declining to serve alcohol t o
patrons who demonstrate signs of intoxication or impairment associated with alcoho l
consumption, based on training that is to be provided to all staff .
12.No individual under 21 years of age, or without proper identification, shall be served o r
sold alcohol .
13.The applicant shall not permit its patrons to leave the licensed premises with any alcoholi c
beverage or to consume alcoholic beverages on any property adjacent to the license d
premises under the control of the licensee(s).
14.The applicant shall make reasonable efforts to minimize the potential for adverse noise an d
crowd impacts on adjacent establishments and nearby residences, including, but not limite d
to, ensuring that all windows and doors are closed during any entertainment .
Resolution No . 10396 (2012 Series )
Page 4
15.The proposed sliding panel door system along Higuera Street shall be closed no later tha n
10 :00 p .m. nightly .
16.Prior to release of occupancy, the applicant shall upgrade and finalize the security plan t o
reflect operation at the 736/738 Higuera Street location . This shall include a site plan/floo r
plan detailing the locations and duties of SLO Brewing Company Staff and shall include
the proposed patron routes and note regular maintenance/patrol of these routes, to th e
satisfaction of the Community Development Director, Police Department, and Fir e
Department . This plan shall be reviewed and commented upon by the Police Departmen t
and Fire Department on an annual basis .
17.The security plan shall include a detailed explanation of how maximum occupant load
limits will be maintained .
18.The security plan shall provide that "no person will be prevented from using the emergenc y
exit stairway that passes by the `Green Room' in the event of an emergency," and that "n o
act utilizing pyrotechnics or live fire will be permitted ."
19.To address complaints and minimize the need for police response to minor issues, an owne r
or manager shall be on premises at all times when entertainment is performed, and shall b e
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 .
20.All employees shall attend ABC LEAD Training or equivalent training .
21.The applicant shall be responsible for on-going security/safety training to accommodat e
changes in personnel .
22.The site shall be maintained in a neat and orderly manner at all times . The applicant shal l
be responsible for daily cleanup maintenance of the front and back patio areas, the areas o f
patron queuing, and any waste associated with the business in Mission Plaza .
23.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, th e
sidewalk or street shall be maintained . The primary queuing area shall be from the Higuer a
Street entrance/ticket counter easterly up Higuera Street towards Chorro Street . Queuing at
this location shall be located against the building facades and away from the curb line an d
adjoining parking lane . The queue delineation shall generally maintain a 6' clear area fo r
public pedestrian passage . This required clear area may be reduced to not less than 4 '
where sidewalk furniture, trees, or other obstructions will not reasonably allow for a 6 '
clear path. The queue shall not block entry/exit of operating businesses and shall have th e
appropriate gaps to allow pedestrians to circulate across the line unobstructed .
Resolution No .10396 (2012 Series )
Page 5
24.The applicant shall improve the public curb, gutter, sidewalk, and tree well in the area o f
the main entry/ticket sales window to accommodate the queue and provide for accessibl e
passage by the general public . The improvements shall include but are not limited to th e
removal and replacement of displaced curb, gutter, and/or sidewalk, protection of utilit y
vaults, tree root pruning, and the installation of a tree grate to the satisfaction of the Publi c
Works Department .
25.Improvements located within the public right-of-way or easement areas shall be shown o n
the building plan submittal for reference . A separate encroachment permit will be require d
from the Public Works Department for any work or construction staging located within th e
public right-of-way or public easement areas .
26.Unless otherwise approved by the City, an alternate queue commencing from the creek-sid e
entry/exit and extending across the pedestrian bridge shall be used when the event schedul e
might conflict with Farmers Market . Use of the pedestrian bridge route as a patron queu e
may be allowed to avoid conflict with other downtown events (e .g . permitted parades o r
assemblies, permitted work within the Higuera Street right-of-way, or other potentiall y
conflicting event as identified by the City of San Luis Obispo or the applicant) subject t o
approval of the City . This alternate route shall be managed so that the patrons will b e
tightly aligned in a single file line along the east/southeastern creek-side guard rail and th e
eastern-most side of the pedestrian bridge . This orderly patron line shall have th e
appropriate gaps to allow pedestrians to circulate across the line unobstructed .
27.Plans submitted for a building permit shall show and note the patron queue across th e
pedestrian bridge . The patron route shall be upgraded as necessary to remove an y
obstructions or uneven pavement, to the satisfaction of City Building Division and Publi c
Works Department . Pathway upgrades shall include an evaluation of creek-side lightin g
levels, including the length of the pedestrian bridge patron route, and may require a n
upgrade to path lighting . A lighting plan for the creek-side patio shall be provided with
plans submitted for review by the Architectural Review Commission . Creek-side lightin g
levels shall be to the satisfaction of the City Biologist, Police Department and Communit y
Development Department .
28.Construction work related to any proposed path upgrades shall be coordinated with an y
City Capital Improvement Project, or permitted private project in the respective work areas .
Prior to preparation of building permit documents, an on-site review will be conducted wit h
the Community Development Director, or other City representative, to establish the precis e
scope of work for any proposed path upgrades .
29.The proposed use shall not conflict with events scheduled in Mission Plaza or Old Missio n
Church . The applicant shall provide a monthly entertainment schedule and regularly consul t
with the Mission Plaza Events Coordinator to determine the potential for such conflicts .
Resolution No . 10396 (2012 Series )
Page 6
30.Post-event patrons shall be directed to exit the second level auditorium through the Higuer a
Street exit . This shall be a requirement of the security plan and shall be noted on securit y
site/floor plans .
31.The applicant shall provide a transparent sound barrier surround (e .g . laminated glass) ato p
the 42 inch high guard (shown on attachment 6, sheet 5) of the proposed roof level patio .
This transparent surround shall be recessed (inward) from the outermost edge of the 42 inc h
high guard so that it is not visible from the patio below .
32.Tour buses, vans, trailers, and other support vehicles shall load/unload equipment an d
supplies at approved parking locations . The proposed parking areas shall be approved by
the City's Parking Division . The applicant will be responsible for posting of any require d
"no parking" signage in accordance with City standards . The applicant shall pay for an y
displaced parking spaces/meters in accordance with the current standards where applicable .
Post 9 :00 p .m . bus loading/unloading, utilizing the pedestrian bridge route, shall not occu r
along Monterey Street, nor along Broad Street north of Monterey Street .
33.Tour buses, vans, other support vehicles shall be switched off (no idling or generator s
running) while parked .
34.The applicant shall maintain and operate a video recording system that records activity at
all entrances and exits during all business hours . The video shall be of a quality suitable fo r
later identification of customers and staff. It will be recorded in a manner that may b e
retrieved and provided to police immediately upon demand . Video data shall be retaine d
for a minimum of 72 hours or as otherwise required by law .
35.Business shall be conducted in a manner that will not violate any provisions of th e
California Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minor s
(§25658), maintaining the public health, morals, convenience, and safety (§25601); and
taking reasonable steps to correct any objectionable conditions on the premises an d
immediately adjacent to the premises (§24200).
36.The maximum posted occupant load for each space shall not be exceeded at any time . Thi s
permit is strictly limited to allow only the occupant load for the premises as approved b y
the City of San Luis Obispo Fire Department . Occupant loads approved by the City of Sa n
Luis Obispo Fire Department shall be posted at all times .
37.This Use Permit shall be reviewed by the City Council one year from date of occupancy .
The City Council shall have the ability to modify, delete, or add conditions consistent wit h
the Municipal Code, to minimize adverse impacts to adjacent businesses and residence s
based on documents or testimony evidencing such impacts arising from or related to th e
operation of the permitted use .
38.This Use Permit shall be reviewed at a public Planning Commission hearing if the City
receives substantiated written complaints from any citizen, Code Enforcement Officer, or
Resolution No . 10396 (2012 Series )
Page 7
Police Department employee, which includes information and/or evidence supporting a
conclusion that a violation of this Use Permit, or of City ordinances or regulation s
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, or modified .
39.Upon a significant change to the business, as identified in the applicant's projec t
description and security plan, the Use Permit shall be reviewed by the Communit y
Development Director for compliance with conditions of approval, or to determine whethe r
a modification of the Use Permit is necessary .
40.The applicant shall provide a noise analysis for the proposed metal staircase . The analysi s
shall include noise mitigation measures to ensure the staircase will comply with the City's
Noise Ordinance .
41.The applicant shall execute a hold harmless and indemnification agreement to th e
satisfaction of the City Attorney for any claims or liability asserted against the City arisin g
from or relating to the applicant's use of City property for proposed patron queuing,
including for injury to any patron, agent, or employee of the permitted property or business ,
or to any third party arising from or relating to such use by the applicant, its patrons, agent s
or employees .
Code Requirement s
The following code requirements are included for informational purposes only . They serve to
give the applicant a general idea of other City requirements that will apply to the project . This
is not intended to be an exhaustive list as other requirements may be identified during the pla n
check process .
Utilities Departmen t
1.The applicant shall submit a plan that delineates the location of the property's existing an d
proposed water meter(s), water services, and sewer laterals to the points of connection a t
the City water and sewer mains .
2.If the property's existing sewer lateral is proposed to be reused, submittal of a vide o
inspection will be required for review and approval of the Utilities Department during th e
Building Permit Review process . If a new lateral is proposed, the existing lateral must b e
abandoned per City standards .
3.Provisions shall be made for grease interceptors and FOG (fats, oils, and grease) storag e
within the project's solid waste enclosure . These types of facilities shall also provide a n
area inside to wash floor mats, equipment, and trash cans . The wash area shall be drained t o
the sanitary sewer .
Resolution No . 10396 (2012 Series )
Page 8
Building Departmen t
1.Exterior exit stairways shall be separated from the interior of the building as required b y
Section 1022 .1 . Openings shall be limited to those necessary for egress from normall y
occupied spaces . CBC 1026 .6 Therefore, the existing creek side window openings alon g
the proposed exterior exit stairway shall be separated from the interior of the building i n
conformance with Section 707 .
2.
Means of egress doors shall meet the requirements of CBC 1005 .1, 1008 .1, 1009 .5, 1116 B
and 1133B .2 .4 .3 .
3.
Provide an accessible route of travel connecting all elements and spaces including elevate d
Fermenting Area on First Floor and Sound Booth on Second Floor . CBC 1103B .1 .
Fire Departmen t
1.
Building to be provided with fire sprinklers installed per NFPA 13 Standards .
2.
Provide a standpipe in the stairwell with outlets on each floor level and on roof .
3.All exit doors shall be equipped with panic hardware and no other lock or latch .
4.The Exterior exit stairway shall be separated from the interior of the building with a
minimum 1-hour rated construction . Openings shall be limited to those necessary for egres s
from normally occupied spaces . Windows are not permitted along the exterior stairway .
Upon motion of Council Member Carter, seconded by Council Member Smith, and on th e
following roll call vote :
AYES :
Council Members Ashbaugh, Carter and Smith, and Mayor Mar x
NOES :
None
RECUSED : Vice Mayor Carpenter
ABSENT : None
Resolution No . 10396 (2012 Series )
Page 9
The foregoing resolution was adopted this 20 th day of November 2012 .
ATTEST :