HomeMy WebLinkAbout06-14-2017 PC Agenda PacketCity of San Luis Obispo, Agenda, Planning Commission
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Agenda
Planning Commission
Wednesday, June 14, 2017
6:00 p.m. REGULAR MEETING Council Chamber
990 Palm Street
San Luis Obispo, CA
CALL TO ORDER: Chair Stevenson
PLEDGE OF
ALLEGIANCE : Chair Stevenson
ROLL CALL : Commissioners Kim Bisheff, Scott Mann, Ronald Malak, Nicholas
Osterbur, Hemalata Dandekar, Vice-Chair John Fowler, and Chair Charles
Stevenson
ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items.
PUBLIC COMMENT: At this time, people may address the Commission about items not on
the agenda. Persons wishing to speak should come forward and state their name and address.
Comments are limited to three minutes per person. Items raised at this time are generally referred
to staff, and, if action by the Commission is necessary, may be scheduled for a future meeting.
PUBLIC HEARING ITEMS
1. 650 Tank Farm Road. SPEC-0398-2017: Review of request to initiate amendments to the
General Plan Map and Airport Area Specific Plan to accommodate the development of a mixed-
use project with 17,500 square feet of commercial space and 249 residential units located at 650
Tank Farm Road; BP-SP and R-2-SP zones; Agera Grove Investments, LLC, applicant. (Rachel
Cohen) This item is continued to a date uncertain.
2. 733 Higuera Street. APPL-0511-2017: Review of an appeal of the Administrative Hearing
Officer’s decision to approve a use permit for live entertainment with conditions limiting hours
of operation for the existing restaurant, known as Blast 825 Taproom, in the Historic Downtown
Commercial zone (USE-4022-2016); C-D-H zone; Blast 825 Taproom, Dan Harper,
appellant/applicant. (Kyle Bell)
Planning Commission Agenda Page 2
The City of San Luis Obispo is committed to include the disabled in all of its services, programs, and
activities. Please contact the City Clerk or staff liaison prior to the meeting if you require assistance.
BUSINESS ITEMS
1. Zoning Regulations Update. The Zoning Regulations Update is focused on implementing
the policies and programs of the Land Use and Circulation Elements (LUCE). This will be a
standing item on the Planning Commission agenda from June 14, 2017 through completion of
the Update of the Zoning Regulations, tentatively scheduled for completion in March,
2018. This will be an opportunity for staff to update the Commission on the status of the
Zoning Regulations Update and for the Commission to listen to ongoing public testimony and
discuss any such updates as they come forward. As a standing item, sometimes there will be
nothing to report; other times staff will give a brief update with limited discussion; and at
certain points, such as review of White Papers associated with the Zoning Regulations
Update, there will be more substantive discussion on the item. When materials are associated
with the Update, as with the White Papers, such information will be made available to the
public and Commission prior to the meeting.
COMMENT AND DISCUSSION
1. STAFF
a. Agenda Forecast
ADJOURNMENT
The next Regular Planning Commission meeting is scheduled for Wednesday, June 28, 2017
at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
APPEALS: Any decision of the Planning Commission is final unless appealed to City Council within
10 days of the action (Recommendations to City Council cannot be appealed since they are not a final
action.). Any person aggrieved by a decision of the Commission may file an appeal with the City
Clerk. Appeal forms are available at the Community Development Department office, City Clerk’s
office, or on the City’s website (www.slocity.org). The fee for filing an appeal is $281, and must
accompany the appeal documentation.
Meeting Date: June 14, 2017
Item Number: 2
2X
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of an appeal of the Administrative Hearing Officer’s decision to approve a use
permit for a live entertainment with conditions limiting hours of operation for the existing restaurant,
known as Blast 825 Taproom, in the Historic Downtown Commercial zone, with a categorical
exemption from environmental review.
PROJECT ADDRESS: 733 Higuera Street BY: Kyle Bell, Associate Planner
Phone Number: (805) 781-7524
E-mail: kbell@slocity.org
FILE NUMBER: APPL-0511-2017
RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) denying the appeal and
upholding the Administrative Use Permit approval of the condition limiting hours of operation for the
restaurant known as Blast 825 Taproom, based on findings, and subject to conditions.
SITE DATA
Applicant Dan Harper,
Blast 825 Taproom
Appeal Date May 4, 2017
Historic Status Contributing
General Plan General Retail
Zoning Downtown Commercial (C-D-H)
Historic District Overlay
Site Area ~2,710 square feet
Environmental
Status
Categorically exempt from
environmental review under CEQA
Guidelines section 15301 (Existing
Facilities)
SUMMARY
The applicant, Dan Harper, has requested an Administrative Use Permit to allow late hour alcohol
service and live entertainment for the existing restaurant located at 733 Higuera Street in the
Downtown Commercial (C-D-H) zone within the Downtown Historic District. The Zoning Regulations
Table 9 (Uses allowed by Zone) states that an Administrative Use Permit is required to establish a
night club use or allow a restaurant to service alcohol after the hours of 11:00 p.m.
On April 24, 2017, the Administrative Hearing Officer approved the use permit to allow live
entertainment for the restaurant. The Administrative Use Permit included Condition #3 which limited
the hours of operation to 12:00 a.m. daily (Attachment 6, Administrative Staff Report).
PC2 - 1
APPL-0511-2017
733 Higuera Street
Page 2
1.0 COMMISSION’S PURVIEW
The Planning Commission’s role is to determine if hours of operation for the restaurant are appropriate
Downtown and consistent with Zoning Regulations.
2.0 APPEAL
The appellant’s letter identifies the intent of the appeal is to specifically address Condition #3 which
states “Hours of operation for the project shall not be outside the hours of 8:00 a.m. – 12:00 a.m.
daily.” (Attachment 5, Applicant Appeal Letter).
The appeal letter states that the existing business has operated in conformance with the 2012 Alcohol
Outlet Regulations without any late-night issues, and many other operations in the vicinity operate past
midnight without food options, the proposed use offers food to patrons during late hours in comparison
to other establishments that serve until 2:00 a.m. Downtown has limited food options available for
patrons to enjoy with a glass of wine or beer after a late movie.
The letter includes a compromise to limit live entertainment to 12:00 a.m. and request for later hours
for food and alcohol services Thursday through Saturday (Attachment 3, Project Description).
3.0 APPEAL EVALUATION
Morphing of Restaurants into Bars
On November 16, 2010, staff provided an update to the Council on progress made in exploring
strategies and initiated a Nightlife Public Safety Assessment. The Nightlife Public Safety Assessment
report was presented to Council in November, 2011. Council direction was to bring forth amendments
to the Zoning Regulations that were intended to reduce public safety problems associated with alcohol
outlets. On June 19, 2012, the Council adopted Ordinance No. 1578 to enhance alcohol outlet
regulations.
In order to further reduce the number of late night incidents, a use permit has since been required for
restaurants to operate past the hours of 11:00 p.m. Along with the Deemed Approved Ordinance for
existing alcohol outlets (without use permits), the other main focus of the 2012 Amendments was the
late hour alcohol service provisions to address morphing of restaurants into bars. The use permit
provides a platform to include conditions to address the morphing of restaurants into bars. Limiting the
hours of operation to 12:00 a.m. and providing full food services to patrons during all hours of
operation is consistent with the 2012 Alcohol Outlet Amendments for reducing potential noise impacts
and public safety problems associated with alcohol in the Downtown
Fourteen use permits have been approved downtown for either late night operations or live
entertainment since 2012. Table 1 describes the use permits and the approved hours of operation.
Three restaurants have been approved for late hour operation past midnight, two of which, SLO Brew
& Giuseppe’s, were the result of the relocation of existing businesses maintaining the same hours of
operation. The use permit for Woodstock’s Pizza was the result of the expansion of the restaurant into
the neighboring tenant space to maintain the same deemed approved hours of operation and did not
include any live entertainment. Limiting the hours of operation for live entertainment is consistent with
similar use permits since 2012.
PC2 - 2
APPL-0511-2017
733 Higuera Street
Page 3
Table 1: Alcohol Outlets with late night operations and live entertainment.
Address Business Name Use
permit
Night-
Club Hours of Operation (past 11 PM)
1141 Chorro Eureka! 2012 X Nightclub - Thurs 11:30 PM
717 Higuera Buffalo Pub & Grill 2012 X Nightclub - Sun, Tue, Thurs-Sat 12 AM
1117 Chorro Black Sheep Bar & Grill 2012 X Nightclub - Thurs-Fri 12 AM
851 Higuera Grill House 2012 Thurs-Sat 12 AM
570 Higuera Foremost Wine Company 2013 Thurs-Sat 12 AM
1234 Broad Libertine Brewing 2015
1144 Chorro Discovery SLO 2015 X Sun-Sat 12 AM
1010 Court Palazzo Giuseppe 2015 Sun–Thurs 12:30 AM, Fri-Sat 1:30 AM
1127 Broad Sidecar 2015 Fri-Sat 12 AM
1033 Chorro Barrelhouse Brewing 2016 Thurs-Sat 12 AM
858 Monterey Thomas Hill Organics 2016 Thurs-Sat 12 AM
736 Higuera SLO Brew 2016 X Nightclub - Mon-Sun 1 AM
664 Marsh Killjoy Social Club 2017 Fri-Sat 12 AM
1000 Higuera Woodstock's Pizza 2017 Sun–Thurs 1 AM, Fri-Sat 2 AM
4.0 ALTERNATIVES
1. Continue the project with direction to the applicant and staff on pertinent issues.
2. Approve the project by upholding appeal and allowing late night alcohol service per the
applicant’s request.
5.0 ATTACHMENTS
1. Draft Resolution
2. Appeal Letter (Harper)
3. Project Description
4. Security Plan
5. Reduced Project Plans
6. Administrative Staff Report (April 24, 2017)
PC2 - 3
RESOLUTION NO. PC-XXXX-17
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
DENYING AN APPEAL OF THE ADMINISTRATIVE HEARING
OFFICER’S DECISION TO APPROVE A USE PERMIT FOR A LIVE
ENTERTAINMENT WITH CONDITIONS LIMITING HOURS OF
OPERATION FOR THE EXISTING RESTAURANT, KNOWN AS BLAST
825 TAPROOM, IN THE HISTORIC DOWNTOWN COMMERCIAL
ZONE, AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED JUNE 14, 2017 (733 HIGUERA STREET APPL-
0511-2017)
WHEREAS, the Administrative Hearing Officer of the City of San Luis Obispo conducted
a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 24, 2017, pursuant to a proceeding instituted under USE-4022-2016, Dan
Harper, applicant; and
WHEREAS, On May 4, 2017, Dan Harper, on behalf of Blast 825 Taproom, filed an appeal
of the Administrative Hearing Officer’s action; 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
June 14, 2017, pursuant to a proceeding instituted under APPL-0511-2017, Dan Harper, appellant;
and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered
all evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San
Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission makes the following findings to deny
the appeal (APPL-0511-2017) of the Administrative Hearing Officer’s decision, thereby granting
final approval to the project (USE-4022-2016), based on the following findings:
1. As conditioned, the use will not harm the general health, safety, and welfare of people living
or working in the vicinity because conditions will 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 site as
Downtown Commercial (C-D). The City’s General Plan Land Use Element Policy 4.3,
Entertainment and Cultural Facilities, states that “…Entertainment facilities, such as
Attachment 1
PC2 - 4
Resolution No. PC-XXXX-17
733 Higuera Street, APPL-0511-2017
Page 2
nightclubs and private theaters, should be in the downtown…”
3. The proposed project is consistent with the General Plan policy to locate, at the street level,
restaurants, stores, and other uses benefiting from and contributing to pedestrian traffic (LUE
4.20.1).
4. The proposed use is consistent with Land Use Element Society and Economy goal #27 to
serve as the County’s hub for entertainment and cultural services.
5. As conditioned, the project is consistent with the Zoning Regulations and the 2012 Alcohol
Outlet Regulations to reduce public safety problems associated with alcoholic beverage sales,
and provide for properly maintained alcohol outlets so that negative impacts generated by
these activities are not harmful to the surrounding environment.
6. As conditioned, the proposed use is compatible with the project site and with existing and
potential uses in the vicinity which include retail shops, restaurants, bars, and night clubs.
SECTION 2. Environmental Review. The project is categorically exempt under Class 1,
Existing Facilities; Section 15301 of the CEQA Guidelines, because the project is a minor
modification of an existing use into another existing use within the building envelope that will not
have significant effects on the environment.
SECTION 3. Action. The Planning Commission hereby grants final approval to the
project with incorporation of the following conditions:
Planning Division
1. 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 upon significant change to the business as represented in the applicant’s submitted
project application materials and the staff report dated April 24, 2017, or in the event of a
change in ownership which may result in deviation from the project description or approved
plans.
2. This Use Permit shall be reviewed by the Administrative Hearing Officer 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, regulations or Police Department
resources (calls for service) 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.
3. Hours of operation for the proposed use shall not be outside the hours from 8:00 a.m. to 12:00
a.m. daily.
Attachment 1
PC2 - 5
Resolution No. PC-XXXX-17
733 Higuera Street, APPL-0511-2017
Page 3
4. Full food service shall be available at all times alcohol is served. The restaurant shall have
full meals and restaurant service available during all hours of operation, consistent with the
approved hours of operation for the proposed use.
5. Entertainment shall be located only in the areas specified on floor plans as represented in the
applicant’s submitted project application materials and the staff report dated April 24, 2017.
Live entertainment, above the level that is compliant with the City’s definition of ambient
entertainment, shall be limited to two nights a week that consist of a solo/duo performer which
provides background music for the restaurant, between the hours of 6:00 p.m. – 12:00 a.m.
between Thursday and Saturday evenings, and for which no cover fee or ticket is required.
6. Live or amplified entertainment shall not be allowed in any outdoor areas (i.e. Higuera Street
sidewalk dining). Acoustic or background music, consistent with the City’s definition of
ambient entertainment, is allowed in outdoor areas from 8:00 a.m. to 10:00 p.m.
7. Tables, chairs, and the general floor plan layout shall remain consistent with approved plans
and may not be removed or modified for late night operation or special events unless approved
by the Community Development Director in advance, or if approved by separate permit.
8. This use permit is approved for ABC alcohol license designation “Eating Place” consistent
with a restaurant use, and may not be exchanged for the “Public Premises” license type
(Bar/Tavern).
9. The applicant shall make reasonable efforts to minimize the potential for adverse noise and
crowd impacts on adjacent establishments and nearby residences, including, but not limited
to, ensuring that all windows and doors are closed during any entertainment and no later than
10:00 p.m., nightly.
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 and businesses.
11. The site shall be maintained in a neat and orderly manner at all times, to the satisfaction of
the Community Development Director.
12. The applicant shall not permit its patrons to leave the licensed premises with any alcoholic
beverage or to consume alcoholic beverages on any property adjacent to the licensed premises
under the control of the licensee(s).
13. 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, or any interested members of the
public.
Attachment 1
PC2 - 6
Resolution No. PC-XXXX-17
733 Higuera Street, APPL-0511-2017
Page 4
14. 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 provided to all staff.
15. All employees shall attend ABC LEAD Training or equivalent training, to the satisfaction of
the Police Chief.
16. The applicant shall be responsible for on-going security/safety training to accommodate
changes in personnel.
17. The applicant shall maintain and operate a video recording system that records activity at all
entrances and exits during all business hours. The video shall be of a quality suitable for later
identification of customers and staff. It will be recorded in a manner that may be retrieved
and provided to police immediately upon demand. Video data shall be retained for a minimum
of 72 hours or as otherwise required by law.
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.
Indemnification
20. 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."
On motion by Commissioner ___________, seconded by Commissioner _____________,
and on the following roll call vote:
AYES:
NOES:
REFRAIN:
Attachment 1
PC2 - 7
Resolution No. PC-XXXX-17
733 Higuera Street, APPL-0511-2017
Page 5
ABSENT:
The foregoing resolution was passed and adopted this 14th day of June, 2017.
_____________________________
Doug Davidson, Secretary
Planning Commission
Attachment 1
PC2 - 8
Attachment 2
PC2 - 9
Attachment 2
PC2 - 10
To: Kyle Bell / San Luis Obispo Planning Department
From: Dan Harper / Blast 825 Taproom
Date: 3/22/2017
Re: Remaining items for late night permit
Kyle,
Below are the last information items you requested for our late night music permit. Please
let me know if there I any other information you will need.
Question: Live Music – specific days and times live music is proposed
- Days of Week - Live music will be 2 nights per week, Thurs.- Sat.
- Time of music – Music will be performed in 3 hour increments.
Example, 6:00pm – 9:00pm or 10:00pm-1:00am. Not continuously for 6 hours
- The latest live music would be performed will be 1:30am.
Thank you,
Dan Harper
Blast 825 Taproom
733 Higuera St.
San Luis Obispo, Ca 93401
(805) 748-3962
Attachment 3
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Attachment 4
PC2 - 12
Attachment 4
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Attachment 4
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Attachment 4
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Attachment 4
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8
ADMINISTRATIVE HEARING AGENDA REPORT
SUBJECT: Request to allow extended hours of operation for late night alcohol service and live
entertainment for the existing restaurant, known as Blast 825 Taproom, in the Historic Downtown
Commercial zone, with a categorical exemption from environmental review.
PROJECT ADDRESS: 733 Higuera Street BY: Kyle Bell, Associate Planner
Phone Number: (805) 781-7524
E-mail: kbell@slocity.org
FILE NUMBER: USE-4022-2016
RECOMMENDATION: Approve the Administrative Use Permit which allows live entertainment
for the restaurant known as Blast 825 Taproom, based on findings, and subject to conditions.
SITE DATA
Applicant Dan Harper,
Blast 825 Taproom
Complete Date March 30, 2017
Historic Status Contributing
General Plan General Retail
Zoning Downtown Commercial (C-D-H)
Historic District Overlay
Site Area ~2,710 square feet
Environmental
Status
Categorically exempt from
environmental review under CEQA
Guidelines section 15301 (Existing
Facilities)
SUMMARY
The applicant, Dan Harper, has requested an Administrative Use Permit to allow late hour alcohol
service and live entertainment for the existing restaurant located at 733 Higuera Street in the
Downtown Commercial (C-D-H) zone within the Downtown Historic District. The project is located
within a Contributing Historic Structure, recently reviewed for a remodel under the application
ARCH-1187-2015 (CHC Resolution No. CHC-1011-15). The Zoning Regulations Table 9 (Uses
allowed by Zone) states that an Administrative Use Permit is required to establish a night club use or
allow a restaurant to service alcohol after the hours of 11:00 p.m.
The subject property had been operating with late night hours until 12:00 p.m. in accordance with the
City’s Deemed Approved Alcoholic Beverage Sale Regulations as the previous restaurant and alcohol
license had been established without a use permit prior to the adoption of Zoning Regulations Chapter
17.11.
Meeting Date: April 24, 2017
Item Number: 1
Attachment 6
PC2 - 19
USE-4022-2016
733 Higuera Street
Page 2
1.0 PROJECT INFORMATION
Site Information/Setting
The project site is located on the south side of Higuera Street near the center of downtown between
Broad and Garden Streets the C-D-H zone, within a contributing historic structure, and takes access
from Higuera Street. The site also has access to an alleyway at the rear of the building and the east
wall of the structure comprises the west wall of Bubblegum Alley. Surrounding uses include a
restaurants, bars and night clubs (Novo, Frog & Peach, and SLO Brew) to the north, general retail
(Ambiance) to the east, hotel/mixed use (Serra Hotel previously known as Garden Street Terraces) to
the south, and restaurant/night club (Mothers Tavern & The Library) to the east.
Project Description
The restaurant, Blast 825 Taproom, is seeking to establish live entertainment and modify the hours of
operation for late night alcohol services. The live entertainment will typically consist of solo/duo
performers that will play background music for the restaurant in the northeast corner two nights a
week Thursdays through Saturdays between the hours of 6:00 p.m. – 9:00 p.m. and/or 10:00 p.m. –
1:00 a.m. The applicant is requesting to extend the hours of operation for the restaurant to 1:30 a.m.
on evenings with live entertainment (Attachment 1, Project Description).
2.0 PROJECT ANALYSIS
Consistency with Zoning Regulations
It is intended that use permits allow flexibility in providing for, regulating, or preventing various uses,
so they will be compatible with existing or desired conditions in their neighborhoods. A major
component of the 2012 Alcohol Outlet Amendments was to prevent restaurants from “morphing” into
bars and nightclubs late at night. In order to protect and promote the public health, safety, and general
welfare of the community and further reduce the number of late night incidents, an Administrative
Use Permit has been required.
Hours of Operation: As proposed, the restaurant expansion shall operate only as a restaurant with full
food service. Staff recommends Condition No. 3 and 4, limiting the hours of operation to 12:00 a.m.
nightly for all intended uses and ensures that food service is available for customers during all hours
of operation. Limiting the hours of operation and providing full food services ensures consistency
with the 2012 Alcohol Outlet Amendments for reducing potential noise impacts and public safety
problems associated with alcohol in the Downtown.
Night Club: The General Plan supports entertainment facilities, such as night clubs in the downtown
(LUE 4.3). Staff recognizes the potential for crowd and noise impacts on adjacent establishments.
Staff recommended conditions of approval include compliance with the City’s Noise Ordinance and
the closing of windows and doors during live entertainment. Staff has included conditions requiring
a manager be present and available for contact by a City representative and/or adjacent property
owners/tenants during events to minimize the need for police response to minor issues.
Security: The applicant has provided a Security Plan that describes the responsibilities of staff that
will appropriately address crowd control measures during a live entertainment event (Attachment 2,
Security Plan).
Attachment 6
PC2 - 20
USE-4022-2016
733 Higuera Street
Page 3
The Police Department and Fire Department have reviewed the application and have no objections,
provided that conditions of approval are imposed.
3.0 ATTACHMENTS
1. Project Description
2. Security Plan
3. Reduced Project Plans
4.0 ACTION
The Administrative Hearing Officer does hereby approve the Administrative Use Permit (USE-4022-
2016), which allows a restaurant with live entertainment and extended hours for late night alcohol
service, based on the following findings and conditions:
Findings
1. As conditioned, the use will not harm the general health, safety, and welfare of people livin g
or working in the vicinity because conditions will 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 site as
Downtown Commercial (C-D). The City’s General Plan Land Use Element Policy 4.3,
Entertainment and Cultural Facilities, states that “…Entertainment facilities, such as
nightclubs and private theaters, should be in the downtown…”
3. The proposed project is consistent with the General Plan policy to locate, at the street level,
restaurants, stores, and other uses benefiting from and contributing to pedestrian traffic (LUE
4.20.1).
4. The proposed use is consistent with Land Use Element Society and Economy goal #27 to
serve as the County’s hub for entertainment and cultural services.
5. As conditioned, the project is consistent with the Zoning Regulations and the 2012 Alcohol
Outlet Regulations to reduce public safety problems associated with alcoholic beverage sales,
and provide for properly maintained alcohol outlets so that negative impacts generated by
these activities are not harmful to the surrounding environment.
6. As conditioned, the proposed use is compatible with the project site and with existing and
potential uses in the vicinity which include retail shops, restaurants, bars, and night clubs.
7. The project is categorically exempt from environmental review (Class 1, Section 15301,
Existing Facilities, CEQA Guidelines), because the project is a minor modification of an
existing use into another existing use within the building envelope that will not have
significant effects on the environment.
Attachment 6
PC2 - 21
USE-4022-2016
733 Higuera Street
Page 4
Conditions
Planning Division
1. 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 upon significant change to the business as represented in the applicant’s submitted
project application materials and the staff report dated April 24, 2017, or in the event of a
change in ownership which may result in deviation from the project description or approved
plans.
2. This Use Permit shall be reviewed by the Administrative Hearing Officer 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, regulations or Police Department
resources (calls for service) 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.
3. Hours of operation for the proposed use shall not be outside the hours from 8:00 a.m. to 12:00
a.m. daily.
4. Full food service shall be available at all times alcohol is served. The restaurant shall have full
meals and restaurant service available during all hours of operation, consistent with the
approved hours of operation for the proposed use.
5. Entertainment shall be located only in the areas specified on floor plans as represented in the
applicant’s submitted project application materials and the staff report dated April 24, 2017.
Live entertainment, above the level that is compliant with the City’s definition of ambient
entertainment, shall be limited to two nights a week that consist of a solo/duo performer which
provides background music for the restaurant, between the hours of 6:00 p.m. – 12:00 a.m.
between Thursday and Saturday evenings, and for which no cover fee or ticket is required.
6. Live or amplified entertainment shall not be allowed in any outdoor areas (i.e. Higuera Street
sidewalk dining). Acoustic or background music, consistent with the City’s definition of
ambient entertainment, is allowed in outdoor areas from 8:00 a.m. to 10:00 p.m.
7. Tables, chairs, and the general floor plan layout shall remain consistent with approved plans
and may not be removed or modified for late night operation or special events unless approved
by the Community Development Director in advance, or if approved by separate permit.
8. This use permit is approved for ABC alcohol license designation “Eating Place” consistent
with a restaurant use, and may not be exchanged for the “Public Premises” license type
(Bar/Tavern).
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9. The applicant shall make reasonable efforts to minimize the potential for adverse noise and
crowd impacts on adjacent establishments and nearby residences, including, but not limited
to, ensuring that all windows and doors are closed during any entertainment and no later than
10:00 p.m., nightly.
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 and businesses.
11. The site shall be maintained in a neat and orderly manner at all times, to the satisfaction of the
Community Development Director.
12. The applicant shall not permit its patrons to leave the licensed premises with any alcoholic
beverage or to consume alcoholic beverages on any property adjacent to the licensed premises
under the control of the licensee(s).
13. 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, or any interested members of the
public.
14. 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 provided to all staff.
15. All employees shall attend ABC LEAD Training or equivalent training, to the satisfaction of
the Police Chief.
16. The applicant shall be responsible for on-going security/safety training to accommodate
changes in personnel.
17. The applicant shall maintain and operate a video recording system that records activity at all
entrances and exits during all business hours. The video shall be of a quality suitable for later
identification of customers and staff. It will be recorded in a manner that may be retrieved and
provided to police immediately upon demand. Video data shall be retained for a minimum of
72 hours or as otherwise required by law.
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).
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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.
Indemnification
20. 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."
Action:
Approve
Approve as modified
Deny
Continue to: _______________ to allow _________________________________
____________________________________________________________________
Continue indefinitely to allow: __________________________________________
_____________________________________________________________________
__________________________________
Doug Davidson, Deputy Director
Hearing Officer
Attachment 6
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