HomeMy WebLinkAboutItem 3 - MOD-0610-2019 (1234 Broad)
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of a modification to an existing Bar Tavern Use Permit to include live entertainment and extend hours of operation by one hour (12 am at the latest). The application includes an expansion on the types of alcohol services including spirits (hard liquor) for the restaurant.
PROJECT ADDRESS: 1234 Broad Street BY: Kyle Bell, Associate Planner Phone Number: (805) 781-7524 E-mail: kbell@slocity.org
FILE NUMBER: MOD-0610-2019 FROM: Tyler Corey, Principal Planner
RECOMMENDATION
Adopt the Draft Resolution (Attachment 1) which approves the project, based on findings, and subject
to conditions.
SITE DATA
SUMMARY
The applicant, Libertine Brewing Company, has requested a modification to a previously approved
Minor Use Permit to allow late hour alcohol service and live entertainment for the existing
bar/tavern1, located at 1234 Broad Street in the Downtown Commercial (C-D) zone. The application
also includes a request to address the alcohol licensing to provide distilled spirits and private wine
tasting suites for the lease spaces along Pacific Street (Attachment 1, Project Description). The Zoning
Regulations Table 2-1 (Uses Allowed by Zone) states that a Minor Use Permit is required to establish
live entertainment uses or allow restaurants to service alcohol after the hours of 11:00 PM.
The subject property had been operating consistent with the previously approved hours 10:00 am to
10:00 pm, Sunday through Wednesday, and 10:00 am to 11:00 pm, Thursday through Saturday in
accordance with the hours established by the Planning Commission on January 14, 2015 (USE-0406-
2014).
1 Section 17.156.012. E Definitions. Bars, Live Entertainment, and Taverns. Any establishment that sells or serves
alcoholic beverages for consumption on the premises… This use includes wine tasting rooms and micro-breweries where
alcoholic beverages are sold and consumed onsite and any food service is subordinate to the sale o f alcoholic beverages…
Applicant Libertine Brewing Company
Representative Eric Newton
Zoning Downtown Commercial (C-D)
General Plan General Retail
Site Area 9,000 square feet
Environmental
Status
Categorically exempt from
environmental review under CEQA
Guidelines Section 15301 (Existing
Facilities)
Meeting Date: October 23, 2019
Item Number: 3
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MOD-0610-2019 (1234 Broad Street)
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1.0 BACKGROUND
In 2014, the applicant applied for a Minor Use Permit to convert a furniture store located at the project
site into a space intended to support a mix of uses including a restaurant, microbrewery, wine tasting,
and retail. The Community Development Director referred the Minor Use Permit to the Planning
Commission for two primary reasons: 1) the property is at the edge of the Downtown Core and
adjacent to an Office (O) Zone that allows residential uses; and 2) the proposed uses involve the
manufacturing and consumption of alcohol and the City Council has shown heightened awareness of
alcohol outlets in the Downtown (in 2012, the City Council adopted Zoning Amendments to address
alcohol-related problems in the Downtown).
Previous Planning Commission Hearing: On January 14, 2015, the Planning Commission considered
the project and approved the use permit on a 6:0 vote, with modified conditions to allow earlier hours
of operation (10:00 am rather than 11:00 am), and inclusion of Thursdays for later hours (11:00 pm).
The Commission also added a condition to prohibit alcohol uses from occupying the lease spaces
fronting Pacific Street (Attachment 2, Previous PC Staff Report, Resolution and Meeting Minutes).
2.0 COMMISSION’S PURVIEW
The Planning Commission’s role is to determine if the modifications to the existing use permit are
appropriate within the Downtown Zone in terms of its consistency with the City General Plan and
Zoning Regulations, and other applicable policy documents.
3.0 DISCUSSION
Staff has evaluated the project’s potential impacts on surrounding uses and has included conditions
of approval to address these potential impacts consistent with City Council direction for the regulation
of alcohol outlets2 (refer to discussion below). Additionally, staff evaluation of the proposed use and
recommended conditions of approval address potential impacts (security, noise, etc.) to ensure the
project is compatible with neighboring uses and is consistent with the General Plan, which designates
the Downtown for such uses (LUE Policy 4.3).
Alcohol Licensing: The applicant is requesting a change to the alcohol license type from California
Alcoholic Beverage (ABC) for the bar/tavern use, where previously approved for a Type 41 and Type
23, the applicant would like to apply for Type 75 ABC License3. This license type is similar to the
existing licenses in that it requires the establishment to be a bona fide eating place while allowing
brewing activities, however, the primary difference is that this license type allows the sale of distilled
spirits. The previous use permit included a condition prohibiting the service of hard liquor on site.
The type of alcohol license is not under the purview of the PC; however, ABC would not issue a
license type in which violates an existing conditional use permit. Staff recommends removing the
condition to allow the sale of distilled spirits because there are no provisions within the Zoning
Regulations which preclude types of alcohol services, and the conditions that have been established
as part of this use permit are sufficient in addressing impacts from all intended uses, consistent with
the intent of the 2012 Alcohol Outlet Regulations.
2 Ordinance No. 1578 (2012 Series): Amended Zoning Regulations to implement Alcohol Outlet Public Safety Strategies
and added Deemed Approved Alcoholic Beverage Sale Regulations, effective August 9, 2012.
3 ABC Type 75 License (Restaurant): Authorizes the sale of beer, wine and distilled spirits for consumption on a bona
fide eating place plus a limited amount of brewing of beer. This license does not authorize the sale of alcoholic
beverages for consumption off the premises where sold. Minors are allowed on the premises
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MOD-0610-2019 (1234 Broad Street)
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Uses: The 2014 application included a request to allow the operation of wine tasting rooms along the
lease spaces fronting Pacific Street; however, this was prohibited by the Planning Commission
through a condition of approval. The applicant would like to re-address this request as part of this
application. This application does not grant the operation of wine tasting rooms, the request is limited
to removing a previous condition to allow wine tasting uses to apply for independent Minor Use
Permits, per the Zoning Regulations Table 2-1 (Uses Allowed by Zone). Staff recommends removing
the condition as each Minor Use Permit will evaluate the impacts and site-specific concerns based on
the characteristics of the intended uses. Condition No. 13 has been provided to clarify that any future
tasting rooms operating independently from this bar/tavern use permit will require separate use permit
reviews in accordance with the Zoning Regulations.
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, adjusting the hours of operation by one hour
for weekdays and weekends (10:00 AM to 11:00 PM Sunday through Wednesday, and 10:00 am to
12:00 AM Thursday through Saturday), and ensuring that food service is available for customers
during all hours of operation (Attachment 1, Draft Resolution). Limiting the hours of operation and
providing full food service ensures consistency with the 2012 Alcohol Outlet Amendments in place
to reduce potential noise impacts and public safety problems associated with consumption of alcohol
in the Downtown.
Live Entertainment: 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. In addition to compliance with the City’s Noise Ordinance, staff recommended
conditions of approval include the closing of windows and doors during live entertainment and
requiring a manager be present and available for contact by a City representative and/or adjacent
property owners/tenants during live entertainment 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). The Police Department and Fire Department have reviewed the application and have
no objections, provided that conditions of approval are imposed.
5.0 ENVIRONMENTAL REVIEW
The project is categorically exempt under Class 1, Existing Facilities; Section 15301 of the State
California Environmental Quality Act (CEQA) Guidelines, because the project consists of the
modification of hours of operation for businesses within an existing building located within an
urbanized area that involves a negligible expansion of use to include small scale live entertainment
and late night hours of operation beyond existing conditions where noise levels are not permitted to
exceed thresholds established by the City’s Noise Ordinance, and will not have a significant effect on
the environment.
6.0 ATTACHMENTS
1. Draft Resolution
2. Project Description
3. Security Plan
4. Previous PC Report, Resolution, and Meeting Minutes
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RESOLUTION NO. PC-XXXX-19
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING A MODIFICATION TO AN EXISTING BAR TAVERN USE
PERMIT TO INCLUDE LIVE ENTERTAINMENT AND EXTEND HOURS
OF OPERATION BY ONE HOUR (12 AM AT THE LATEST), THE
APPLICATION INCLUDES AN EXPANSION ON THE TYPES OF
ALCOHOL SERVICES INCLUDING SPIRITS (HARD LIQUOR) FOR
THE RESTAURANT. THE PROJECT IS CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW AS REPRESENTED IN THE
PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS
DATED OCTOBER 23, 2019 (1234 BROAD STREET, MOD-0610-2019)
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
January 14, 2015, and approved the use permit on a vote of 6:0; pursuant to a proceeding instituted
under USE-0406-2014, Eric Newton, applicant; 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
October 23, 2019, pursuant to a proceeding instituted under MOD-0610-2014, Libertine Brewing
Company, applicant; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
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. Based upon all the evidence, the Planning Commission does
hereby approve the modifications to the existing Minor Use Permit (MOD-0610-2019), which
modifies and supersedes the previously approved Bar/Tavern Use Permit (USE-0406-2014), based
on the following findings:
1. As conditioned, the project is consistent with the Zoning Regulations and the 2012 Alcohol
Outlet Regulations in place 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.
2. As conditioned, the use will not result in adverse effects to the general health, safety, and
welfare of people living or working in the vicinity because conditions of the use permit
approval have been adopted that will minimize potential disturbances as well as impacts to
police resources and the community.
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Resolution No. PC-XXXX-19
1234 Broad Street, MOD-0610-2019 (USE-0406-2014)
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3. As conditioned, the use will not result in jeopardizing or endangering the public health or
safety of persons residing or working in the surrounding area because the application is
consistent with the existing bar/tavern use that involves a negligible expansion of use to
include small scale live entertainment and late night hours of operation beyond existing
conditions.
4. As conditioned, the use will not result in violations to any applicable provision of any other
City, State, or Federal regulation, ordinance or statute because conditions of the use permit
have been established to regulate the operational characteristics to be consistent with existing
City, State and Federal regulations.
5. The use is compatible with and will not adversely affect the livability or appropriate
development of abutting properties and the surrounding neighborhood because conditions of
the use permit approval have been adopted that will minimize potential impacts such as noise
consistent with the limitations established under the City’s Noise Ordinance.
6. The proposed project is consistent with the General Plan, which designates the project site as
Downtown Commercial (C-D) and General Plan Land Use Element Policy 4.3, Entertainment
and Cultural Facilities, which states that “…Entertainment facilities, such as nightclubs and
private theaters, should be in the downtown…”
7. 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).
8. 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.
SECTION 2. Environmental Review. The project is categorically exempt under Class 1,
Existing Facilities; Section 15301 of the State California Environmental Quality Act (CEQA)
Guidelines, because the project consists of the modification of hours of operation for businesses
within an existing building located within an urbanized area that involves a negligible expansion
of use to include small scale live entertainment and late night hours of operation beyond existing
conditions where noise levels are not permitted to exceed thresholds established by the City’s
Noise Ordinance, and will not have a significant effect on the environment.
SECTION 3. Action. The project conditions of approval do not include mandatory code
requirements. Code compliance will be verified during the plan check process, which may include
additional requirements applicable to the project. The Planning Commission does hereby approve
the modifications to the existing Minor Use Permit (MOD-0610-2019), which modifies and
supersedes the previously approved Bar/Tavern Use Permit (USE-0406-2014), based on the
following conditions:
1. This Minor Use Permit shall be subsequently reviewed at a public Administrative 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 Minor Use Permit, or of City ordinances or
regulations or Police Department resources (calls for service) applicable to the property or the
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Resolution No. PC-XXXX-19
1234 Broad Street, MOD-0610-2019 (USE-0406-2014)
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operation of the business, has occurred. At the time of the review, to ensure on-going
compatibility of the uses on the project site, conditions of approval may be added, deleted, or
modified, or the Director’s Action Permit may be revoked.
2. The Minor Use Permit shall be reviewed by the Community Development Director for
compliance with conditions of approval, or to determine whether a modification of the permit
is necessary upon significant change to the businesses as represented in the applicant’s
submitted project application materials, or in the event of a change in ownership which may
result in deviation from the project description or approved plans.
3. The hours of operation shall be restricted to 10:00 AM to 11:00 PM (Sunday through
Wednesday), and 10:00 AM to 12:00 AM (Thursday through Saturday) for all commercial
activity. The hours of operation for all outdoor food services shall operate no earlier than
10:00 AM and shall not remain open later than 10:00 PM, 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 October 23,
2019. Live entertainment, above the level that is compliant with the City’s definition of
ambient entertainment, shall be limited to two nights a week, and shall consist of a small scale
act such as a solo/duo performers which provides background music for the restaurant,
between the hours of 6:00 PM to 11:00 PM between Thursday through 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. Broad Street
sidewalk dining). Acoustic or background music, consistent with the City’s definition of
ambient entertainment, is allowed in outdoor areas from 8:00 AM to 10:00 PM.
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. The applicant shall make affirmative efforts to minimize the potential for adverse noise and
crowd impacts on adjacent establishments and nearby residences, including, but not limited
to, ensuring that all windows and doors are closed no later than 10:00 PM, nightly.
9. The applicant shall submit a site plan/floor plan detailing the locations and duties of security
staff and shall note regular maintenance/patrol of any patron lines (i.e. queue), to the
satisfaction of the Community Development Department and Police Department. The security
Plan shall include;
a. A detailed explanation to determine compliance with the City Noise Ordinance
during and at the conclusion of a musical event
b. A detailed explanation of how maximum occupant load limits will be maintained.
c. A detailed explanation of how concert patrons will exit the building to Chorro Street
at the conclusion of a musical event.
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Resolution No. PC-XXXX-19
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10. In the infrequent event that a patron queue is needed, the applicant shall manage/patrol
outdoor crowds and queuing as a result of this use. An orderly line of patrons awaiting entry
that does not block public access on, or use of, the sidewalk or street shall be maintained. The
patron queue shall start at the Broad Street main entrance and continue north along Broad
Street (away from Pacific Street).
11. The site shall be maintained in a neat and orderly manner at all times. The applicant shall also
be responsible for daily cleanup/maintenance of the adjacent public right-of-way.
12. 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).
13. Lease spaces fronting Pacific Street that include alcohol services such as wine tasting, or other
alcohol uses, shall be subject to the provisions under the Zoning Regulations which requires
separate use permits for tasting room type uses (Bar/Tavern), and shall be evaluated
independently regarding operational characteristics and parking requirements.
a. Any expansion of the restaurant/brewery use within the separate lease spaces along
Pacific Street shall be evaluated for parking requirements and may be subject to
additional Parking In-lieu Fees.
14. 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).
15. 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 a security
plan 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.
16. 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.
17. All employees shall attend ABC LEAD Training or equivalent training, to the satisfaction of
the Police Chief.
18. The applicant shall be responsible for on-going security/safety training to accommodate
changes in personnel.
19. 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
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Resolution No. PC-XXXX-19
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provided to police immediately upon demand. Video data shall be retained for a minimum of
72 hours or as otherwise required by law.
20. 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).
21. 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
22. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers,
and employees from any claim, action, or proceeding against the City and/or its agents,
officers, or employees to attack, set aside, void, or annul the approval by the City of this
project, and all actions relating thereto, including but not limited to environmental review
(“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim, and City shall fully cooperate in the
defense against an Indemnified Claim.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
RECUSED:
The foregoing resolution was adopted this 23rd day of October 2019.
____________________________________
Tyler Corey, Secretary
Planning Commission
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Libertine Brewing Company
Modification of Existing Use Permit
Libertine Brewing Company(LBC) was approved by the Planning Commission on January 14, 2015 on a use permit for a
Brewpub, Brewery, Restaurant, and wine tasting at 1234 Broad Street. Many of our requested uses at this location were
either denied and/or restricted by conditions of approval. Having a successful track record for almost 5 years we are
requesting to remove some of these restrictions. Specifically, adding the selling of hard liquor at the restaurant area,
extending hours of operation, allowing live music in the restaurant and allowing alcohol serving uses at Pacific Street.
Overview
Libertine Brewing Company has been operating a tasting room, brewery, brewpub, and restaurant at 1234 Broad Street
since 2015. Since opening, LBC has operated under the approved use permit and complying with all conditions. We
have no violations with any regulatory agencies including ABC and the SLO Police Department. Additionally, we have
fostered no complaints since we have opened and if we did, we would go above and beyond to rectify the situation
and/or put a plan together to prevent a specific incident from happening again.
We provide a great gathering location for the public including city staff, downtown business owners and employees,
locals and out of town tourists. We have a unique premise amenities, great location off the downtown strip, following
of locals, and provide tourist to sample the central coast craft markets.
We have had acoustic bands/duos play during the week and sometime weekends periodically. In addition, we have had
record playing DJs during the day for our brunch. This has been a huge hit for the locals and visitors. We have never had
a noise complaint, nor have we ever had any unruly behavior resulting. We have always valued our neighbor’s
rights(Both Commercial and Residential) and have developed great working relationships with our surrounding
neighbors.
LBC has continuously been involved with the community by food can drives, beach clean ups, emergency relief aid, city
food/beverage events, etc. LBC has contributed time, product, and money to countless charities and non-profits
including the downtown association, chamber of commerce, various school districts, big brothers/big sisters, sea
sheppard, casa, performing arts center, ecoslo, and many more. We set the example downtown businesses to give back
to the community even though we are considered an alcohol establishment.
Overall, LBC has proved that an alcohol establishment can exist on the outer edge of the downtown area. We feel
Libertine is fit to cater to this thriving and expanding downtown progression. I also would like to also point out that
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Libertine does not cater to the late night undesirable crowds, which the City and community has grown to consider
unfavorable.
Lastly, the main reason we are asking for these modifications is that our customers and locals are asking for these
changes at our location. We should not be tied to conditions that the community does not favor and to conditions that
were set almost 5 years ago. San Luis Obispo is growing and evolving. We will be starting a petition to show the
community support of these modifications.
Requested Modifications to Use Permit
Libertine Brewing Company is requesting the following modifications of conditions to our current use permit (USE-0406-
2014) which was approved on January 14, 2015. The four following requested modifications are:
1. Selling of hard liquor. LBC is requesting approval to sell hard liquor in the restaurant area. Producing distilled
spirits have become a fast growing business throughout the county. Its popularity has started a trend that has
increased tourism in the Central Coast. Since we are a Craft Brewery serving a majority of local craft beer and
wine, it is our evolution to start carrying the local craft spirits. Having on outlet such as ours to serve and
promote this local growing industry is a next step in San Luis Obispo’s Development to support the local craft
spirit movement. LBC has consulted and received assistance from ABC on the means to switch our Type 41
license to a Type 75, which is essentially the same Brewery (Type 41) license, however, allows the serving of
hard alcohol with certain restrictions. LBC is and always will be a brewery first, however, this approval will give
the SLO location the ability to serve to its patrons with the full spectrum of craft creations. This is just the
evolution of Libertine in SLO to be one of the only destination locations of this sort. We are requesting this
modification at this time as the Type 75 license will no longer be available as of December 31, 2019. The ABC
will not be approving anymore applications for this license after the first of the year. Libertine will like to take
advantage of this opportunity before it is no longer available.
2. Hours of Operation. LBC is requesting approval to extend our hours of operation. Our current hours are:
10 AM to 10 PM, Sunday through Wednesday
10 AM to 11 PM, Thursday through Saturday
We are requesting the following extension of hours to:
10 AM to 11 PM, Sunday through Wednesday
10 AM to 12 AM, Thursday through Saturday
San Luis Obispo downtown is expanding with more real estate development, more tourism, more residents, etc.
It is only appropriate to offer a variety of options for customers to chose from. There is a substantial older and
professional population that would remain downtown to midnight if other options where available than the
downtown strip of college type bars. LBC can offer a different environment for customers to do such and we
would like to satisfy our customers.
3. Lease Spaces along Pacific Street to include Alcohol Serving Uses. LBC is requesting approval to allow alcohol
serving uses at the lease spaces along Pacific Street. At the time of our approval, the planning commission
deemed that the property had too much alcohol in one property. This mindset is leaving SLO behind as other
Cities such as Paso Robles, Buellton, Solvang, Avila, Arroyo Grande, Morro Bay, and Los Olivos have
implemented wine tasting in a downtown environment successfully. We ask that SLO consider these uses and
trust that Libertine will make this successful in our downtown area.
4. Allowing Live Music in the Restaurant. LBC is requesting approval to allow live music in the restaurant area.
Please reference the plan with the Stage Drawing. We are requesting live music a few times a month. Sunday
through Thursday no later than 9PM and Friday through Saturday no later than 11 PM. LBC has never had a
noise complaint regarding our music or our events that we host. LBC Management has always been very
responsible in managing all aspect of our business, including music that is played currently at the location. Our
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operation has never required the need of bouncers o security personal as this is not the crowd we are catering
to. Our crowd has typically been local professionals, families, and tourists. Although we are on the outskirts of
downtown, LBC believes this offers a unique establishment to enjoy music outside the typical downtown core.
Day of the week for potential Live Music – Friday or Saturday
Time of Music – 3 hours in duration and conclude no later than 11 PM
Summary
To summarize, Libertine Brewing Company is an established restaurant/pub that brings a different setting and
atmosphere to the downtown core. We have satisfied and abided by all the conditional of approval set by of Planning
Commission in January 2015. We have proved that a restaurant/alcohol establishment can exist and thrive with its
surrounding neighbors on the outskirts of the downtown core.
San Luis is growing and so should the downtown by offering establishments with all the amenities desired by patrons.
The City should support solid local businesses with a solid track record by approving their needs to serve the wants of
their customers.
These modifications will not only provide a single true destination of local craft spirts, beer and wine to enhance our
local tourism, but will increase the city tax revenues and increase employee counts to service the increase in customers.
Not to mention, enhance the infrastructure of San Luis Obispo to attract additional professional businesses and
employees which crave this type of full service atmosphere. Libertine will now be a complete full service location that
will truly have something for all customers.
We appreciate the contributions/assistance of the Planning Commission Staff to communicate certain requirements that
would help us in the development and approval of these modifications.
Proposers: Eric & Rodessa Newton
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Libertine Brewing Company
Downtown Safety and Security Plan for Live Music
1234 Broad Street
Venue Entrance:
Our venue will have one entrance, it faces Broad Street. Our Venue has 2 designated fire exits for our
customers in the restaurant area. This would be the front entrance door and the patio door facing Broad
street. Each of these exits are designated with panic hardware, emergency directional signage, and battery
powered lighting. We have just one room where customers are allowed. We have additional exits, however,
customers are not allowed behind our food service area or the other suites. There is a separate emergency
exit located at back of the kitchen for employees, if needed.
Procedures:
This section will outline the procedures used too ensure safety and security of venue property and patrons.
Our attendants will be trained in all procedures included in this section.
Entering- Hosts greet customers at the door and direct them for food and beverage service.
If necessary, hosts will place lines and temporary signage so as not to impede existing foot traffic and direct
patrons to appropriate area. Our frontage sidewalks are 12 foot wide and our entrance is recessed into the
building with plenty of room at the host station.
Exiting- All patrons will be directed to exits by hosts/servers so as not to impede traffic flow. Attendants will
also direct patron traffic while live music is being performed.
Positioning- After 9 PM on Friday and Saturday nights, or any night there is live music performed, there will be
a host stationed at the front door. In addition, there will always be a trained Manager on Duty to ensure our
allowed capacity is never exceeded.
Health and Safety- The Manager on Duty, Hosts, and Servers will be trained to properly check ID’s to ascertain
age of patrons consuming alcohol. In addition, we will train our employees to recognize customers that are
under the influence and not provide service of alcohol.
Emergency procedure- In the event that a patron or staff member is in need of emergency medical aid,
attendants will notify proper authorities as well as the Manager on Duty. In the case of an unruly patron,
attendants will notify proper authorities and escort the patron out the front doors. In the event of a fire or
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other disaster, hosts will escort all occupants to exits located at the front and back of the facility in a safe and
orderly manner.
Staffing- In addition to the Host position on Friday and Saturday nights, there will be a minimum of 8 other
staff members working under the supervision of a Manager on Duty.
Standard Practices- These are the standard procedures and practices.
-We have a Manager on Duty onsite during all hours of operation
-Thursday, Friday and Saturday Nights we will have a Host to facilitate flow of patron traffic
-The Host and all attendants will be under the direction of the Manager on Duty to ensure patron
safety
-The Manager on Duty will periodically check outside of the building
- The Manager on Duty carries a cell phone to allow instant access to SLO PD and SLO FD
- All ID’s from patrons wishing to consume alcohol will be visually inspected
- Security cameras have been installed throughout the interior and at the front and rear exterior.
Crowd Control Practices- We have instituted the following measures to maintain behavioral patterns
consistent with community standards.
- Consult with SLO PD for guidance periodically
- Consult with ABC officials for adequate standards
- Consult and support drug and alcohol prevention efforts
- Insure legal occupancy is maintained
- Maintain orderly que-lines (if quie-lines are necessary)
- Any tables and chairs needing to be removed for live music will be removed from the floor and
stored in the Back brewery area. Items will be returned to their proper position after the venue.
- Refusal to serve over intoxicated patrons
- Offer taxi or other means of transportation to help prevent DUI
- Liaison with police
Implementation:
Implementation of this safety and security plan will be carried out by all staff and supervisors. The Manager
and supervisors are responsible for training all staff and attendants in all systems and procedures.
Additionally, the Manager and supervisors will conduct regular tests/audits of systems and procedures with
staff attendants periodically.
Packet Page 151
103(E) FERMENTATION103(E) FERMENTATION101(E) RETAIL& TASTING101(E) RETAIL& TASTING105(E) ELEC105(E) ELEC102(E) COLDSTORAGE102(E) COLDSTORAGE104(E) BREWERY117DINING117DINING107KITCHEN107KITCHEN111WOMEN'S111WOMEN'S109HALL109HALL112MEN'S112MEN'S113LEASE SPACE #1724 PACIFIC ST.113LEASE SPACE #1724 PACIFIC ST.114LEASE SPACE #2720 PACIFIC ST.114LEASE SPACE #2720 PACIFIC ST.115COFFEE SHOP1240 BROAD ST.115COFFEE SHOP1240 BROAD ST.120W.C.120W.C.116OUTDOOR PATIO116OUTDOOR PATIO106HALL106HALL118BAR118BAR119ENTRY119ENTRY110TRASH / FLOOD STOR.110TRASH / FLOOD STOR.108COLDSTORAGE108COLDSTORAGE5'-0"6'-4"5'-10"5'-312"4'-814"16'-0"2'-714"17'-2"28'-7"22'-912"12'-712"5'-0"18'-912"31'-512"13'-10"1'-1"12'-0"10'-2"11'-512"
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4'-0"4'-0"39'-0"8'-0"9'-0"S-2367 SQ.FT./300 = 1.2A-22,407 SQ.FT. /15= 160B1,341 SQ.FT. /200= 6.7F-21,797 SQ.FT. /100= 17.9M325 SQ.FT. /30= 10.8S-2798 SQ.FT./300 = 2.6A-2453 SQ.FT. /15= 30.2A-2415 SQ.FT. /15= 27.6A-2542 SQ.FT. /15= 36JOB TITLESHEET TITLEREV HISTORYJOB #DATEAPP #PAGE NUMBERBY FORM DESIGN BUILD, ALL COMMON COPYRIGHT ANDOTHER PROPERTY RIGHTS RESERVED. THIS DOCUMENTIS AN ORIGINAL AND UNPUBLISHED WORK PRODUCT OFFORM DESIGN BUILD, AND SHALL NOT BE DUPLICATED,COPIED, DISCLOSED, OR USED IN CONNECTION WITHANY WORK OR PROJECT OTHER THAN THE SPECIFICPROJECT FOR WHICH IT HAS BEEN PREPARED, ORASSIGNED TO ANY THIRD PARTY WITHOUT FIRSTOBTAINING THE EXPRESS WRITTEN CONSENT OF FORMDESIGN BUILD. VISUAL CONTACT WITH THIS DOCUMENTSHALL CONSTITUTE CONCLUSIVE EVIDENCE OFACCEPTANCE OF THESE RESTRICTIONS.AUP0.1UPDATE TO (E) USE PERMIT MODIFICATIONS TO (E) USE PERMIT FOR:LIBERTINE BREWING COMPANYSAN LUIS OBISPO, CAPROJECT DESCRIPTIONDIRECTORYGENERAL NOTESA. ALL WORK SHALL CONFORM TO: (A) THE MINIMUM STANDARDS OF THE LATEST EDITIONOF THE INTERNATIONAL BUILDING CODE AND ALL RELATED DOCUMENTS PUBLISHED BYTHE I.C.C. WHICH HAVE BEEN ADOPTED BY THE LOCAL GOVERNING AGENCY; (B) ALLREGULATIONS AND ORDINANCES OF ALL LOCAL GOVERNING AGENCIES; (C) ANYSPECIAL CONDITIONS REQUIRED BY THE LOCAL GOVERNING AGENCIES; AND (D) ALLCALIFORNIA STATE CODE AMENDMENTS (BUILDING STANDARDS CODE) TITLE 24.ALL CODES REFERENCED SHALL BE CALIFORNIA EDITIONS. THE CODES REFERENCED INTHESE PLANS ARE AS FOLLOWS:a. 2016 CALIFORNIA BUILDING CODE (CBC)b. 2016 CALIFORNIA MECHANICAL CODE (CMC)c. 2016 CALIFORNIA PLUMBING CODE (CPC)d. 2016 CALIFORNIA FIRE CODE (CFC)e. 2016 CALIFORNIA ELECTRICAL CODE (CEC)f. 2016 CALIFORNIA GREEN CODE (CGC)g. CALIFORNIA STATE ENERGY CONSERVATION STDS. (TITLE 24)B. ALL WORK DESCRIBED IN THE DRAWINGS SHALL BE VERIFIED BY THE CONTRACTOR FORDIMENSION, GRADE, EXTENT AND COMPATIBILITY TO THE EXISTING SITE. ANYDISCREPANCIES AND UNEXPECTED CONDITIONS THAT AFFECT OR CHANGE THE WORKDESCRIBED IN THE CONTRACT DOCUMENTS SHALL BE BROUGHT TO THE ARCHITECT'SATTENTION IMMEDIATELY. DO NOT PROCEED WITH THE WORK IN THE AREA OFDISCREPANCIES UNTIL ALL SUCH DISCREPANCIES ARE RESOLVED. IF THE CONTRACTORCHOOSES TO DO SO, HE SHALL BE PROCEED AT HIS OWN RISK.C. OMISSIONS FROM THE DRAWINGS AND SPECIFICATION OR THE MIS-DESCRIPTION OFTHE WORK WHICH IS MANIFESTLY NECESSARY TO CARRY OUT THE INTENT OF THEDRAWINGS AND SPECIFICATIONS, OR WHICH IS CUSTOMARILY PERFORMED, SHALL NOTRELIEVE THE CONTRACTOR FROM PERFORMING SUCH OMITTED OR MIS-DESCRIBEDDETAILS OF THE WORK AS IF FULLY AND COMPLETELY SET FORTH AND DESCRIBED INTHE DRAWINGS AND SPECIFICATIONS.D. DIMENSIONS SHOWN SHALL TAKE PRECEDENCE OVER DRAWINGS SCALE ORPROPORTION. LARGER SCALE DRAWINGS SHALL TAKE PRECEDENCE OVER SMALLERSCALE DRAWINGS.E. ALL WORK LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY OR WITHIN THE JURISDICTIONOF THE CITY UTILITIES AND PUBLIC WORKS DEPARTMENT SHALL COMPLY WITH THEMOST CURRENT EDITION OF THE ENGINEERING STANDARDS AND STANDARDSSPECIFICATIONS (JANUARY 2016).EMAIL:TEL: 805.423.3172ERIC NEWTON 2436 BROAD ST.SAN LUIS OBISPO, CA OWNER / CONTRACTOR:REP: ERIC NEWTONeric@newtonconstruction.com OVERLAY ZONING: NASITE SUMMARYGROSS LOT AREA:LOCAL ZONING:LEGAL DESCRIPTION:9,000 SQ.FT.003-523-0021234 BROAD ST. SAN LUIS OBISPO, CA. 93401CD - DOWNTOWN COMMERCIAL CITY:SAN LUIS OBISPO CY SLO MRY CH ADD BL 87 PTN LTS EXISTING USE:SHEET INDEXPROPOESED USE:BREW PUB / STORAGE / RETAILTYPE 1 STORY8,737 SQ.FT.EXISTING AREA:BUILDING SUMMARYNUMBER OF STORIES:CONSTRUCTION TYPE: III-B4 & 5 City/Muni/Twp: SAN LUIS OBISPOOCCUPANY:EMAIL:TEL: 805.440.5903FORM DESIGN + BUILD2436 BROAD ST. SAN LUIS OBISPO, CA ARCHITECT:REP: TREVOR D MILLER, ARCHITECTtrevor@formdesignbuild.comTHIS APPLICATION IS FOR UPDATES TO THE EXISTING USE PERMITPUBLIC WORKS / UTILITIES NOTESFLOOD PROOFING NOTESTHE BUILDING AND BUILDING OPENINGS SHALL BE FLOOD PROOFED TO AT LEAST 3' ABOVEADJACENT GRADE. ADDITIONAL BUILDING PROTECTION AND REDUCED FLOOD INSURANCEPREMIUMS MAY BE REALIZED BY FLOOD PROOFING TO 4' ABOVE GRADE. AN ARCHITECT ORENGINEER SHALL BE RESPONSIBLE FOR THE BUILDING FLOOD PROOFING AND DESIGN.PROVIDE ADDITIONAL CLARIFICATION ON THE DESIGN AND REVIEW OF THE PROPOSEDBUILDING IMPROVEMENTS IN ACCORDANCE WITH FEMA REGULATIONS AND THE CITY'SFLOODPLAIN MANAGEMENT REGULATIONS.FLOOD ZONE:YES, THE ENTIRE PROJECT IS LOCATED WITHIN A FEMA FLOOD ZONE(TOTAL REQ'D BICYCLE SPACES) =(TOTAL REQ'D BICYCLE SPACES) =(TOTAL REQ'D VEHICLE SPACES) = 1 SPACE / 350 SQ.FT. GROSS = 4,009/350= 11.5 SPACESVEHICLE SPACES REQ'D (WITH REDUCTIONS ALLOWED PER C-D ZONING):1 SPACE / 500 SQ.FT. GROSS = 2,208/500= 4.4 SPACESSPACES3MIN. 50% X3212 SPACESPROVIDED:REQUIRED:SHORT TERM15% XPROVIDED:REQUIRED:BICYCLE SPACES:3 SPACESRESTAURANT / PATIO PARKING REQUIREMENTS: RETAIL / WINE TASTING #3-6TOTAL REQ'D.:MIN. 40% X LONG TERMREQUIRED:PROVIDED: 18,737 SQ.FT. = 21 SPACES1.512.7RETAIL SPACE #1BREWERY SPACE1 SPACE / 500 SQ.FT. GROSS = 250/500 = 0.5 SPACES1 SPACE / 500 SQ.FT. GROSS = 2,270/500= 4.5 SPACESEXISTING SPACES = (17.5) SPACESIN LIEU FEES PAID FOR = 2.5 SPACESA-2, M, S-2, & F-2NOCLG HGTXXXXXXXXXXCOLOR DESIGNATIONMATERIAL NUMBERGRID NUMBERNOTE NUMBERDOOR NUMBERWINDOW NUMBERELEVATIONDETAIL NUMBERDRAWING SHEETDRAWING SHEETSECTION LETTERSYMBOL LEGENDVICINITY MAPAUP0.1UPDATE TO (E) USE PERMITAUP0.2 EXITING PLAN & CODE ANALYSISTOTAL SHEETS =2SITEP
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COMPANY
Packet Page 152
POTPOTPOTPOTPOTPOTPOTPOTS-2367 SQ.FT./300 = 1.2B1,341 SQ.FT. /200= 6.7F-21,797 SQ.FT. /100= 17.9M325 SQ.FT. /30= 10.8S-2798 SQ.FT./300 = 2.6104(E) BREWERY103(E) FERMENTATION101(E) RETAIL& TASTING105(E) ELEC102(E) COLDSTORAGEOPEN TO ABOVEA-2453 SQ.FT. /15= 30.2A-2415 SQ.FT. /15= 27.6A-2542 SQ.FT. /15= 3647'-912"DISTANCE BETWEEN EXITS183312880113623710387244"
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12'-0"1--TYP.TYP.1--TYP.1'-0"JOB TITLESHEET TITLEREV HISTORYJOB #DATEAPP #PAGE NUMBERBY FORM DESIGN BUILD, ALL COMMON COPYRIGHT ANDOTHER PROPERTY RIGHTS RESERVED. THIS DOCUMENTIS AN ORIGINAL AND UNPUBLISHED WORK PRODUCT OFFORM DESIGN BUILD, AND SHALL NOT BE DUPLICATED,COPIED, DISCLOSED, OR USED IN CONNECTION WITHANY WORK OR PROJECT OTHER THAN THE SPECIFICPROJECT FOR WHICH IT HAS BEEN PREPARED, ORASSIGNED TO ANY THIRD PARTY WITHOUT FIRSTOBTAINING THE EXPRESS WRITTEN CONSENT OF FORMDESIGN BUILD. VISUAL CONTACT WITH THIS DOCUMENTSHALL CONSTITUTE CONCLUSIVE EVIDENCE OFACCEPTANCE OF THESE RESTRICTIONS.AUP0.2EXITING PLAN & CODE
ANALYSIS LEGENDEXIT PATH AND DIRECTIONACCUMULATIVE OCCUPANCY LOAD32XXX'EXITING PLANBUILDING CODE DATA PARAPET REQUIRED CBC 705.11:YES, EXISTINGATTIC DRAFT STOPS CBC 717.4:NA, NO ATTICNON-SEPARATED OCCUPANCIES, CBC 508.3.2 YESCBC CHAPTER 3OCCUPANCY GROUPSA-2, M, F-2, S-2CBC CHAPTER 4SEE PLUMBING CALCULATIONS ON THIS SHEETCBC CHAPTER 5CONTRUCTION TYPE:EXISTING III-BCBC CHAPTER 6CBC CHAPTER 7BUILDING ON SAME PROPERTY, CBC 705.3NO FACTORFIRE AREA:NA, WITHIN CITY LIMITS CBC CHAPTER 7ASPRINKLERS REQ'D:YES, BUILDING IS CURRENTLY SPRINKLEREDCBC CHAPTER 9OCCUPANCY LOAD, CBC 1004:REFER TO EXITING PLAN ON THIS SHEETCBC CHAPTER 10NO FACTORDOORS AND GATES, CBC 1008STAIRWAYS, CBC 1009 REFER TO FLOOR PLAN FOR MORE INFORMATIONRAMPS, CBC 1010EXIT SIGNS, CBC 1011 REFER TO FUTURE DOOR SCHEDULETRAVEL DISTANCE, CBC 1016 MAX. ALLOWED: 250'-0" PROVIDED: 145'-0"ONE EXIT, CBC 1020: NO, 2 EXITS REQUIRED SGL USE OCCUPANCY: YESINCIDENTAL USE AREAS CBC 508.2: NONEALLOWABLE BUILDING AREA:BLDG ALLOWABLE HGT, CBC 504:ALLOWABLE STORIES, CBC 504: EXISTING NO CHANGEEXISTING NO CHANGE**** THE INFORMATION BELOW IS BASED ON THE A-2 OCCUPANCY WHICH IS THE MOST RESTRICTIVESHOWN ON SITE PLAN ASOF TRAVEL NOTESACCESSIBLE PATH A. THIS PATH SHALL BE PROVIDED FROM THE ACCESSIBLE PARKINGLOADING/UNLOADING ZONE TO THE MAIN ENTRANCE WITH A MAX. SLOPE OF 1:20UNLESS AN APPROVED RAMP IS INSTALLEDB. THIS PATH SHALL BE A MIN. OF 48" WIDE WITH A NON-SLIP SURFACE (AC PAVING).C. THIS PATH SHALL BE AT THE SAME LEVEL AS THE FINISH FLOOR OF THE MAINENTRANCE WITH A MAX. THRESHOLD HEIGHT OF 1/2". REFER TO DETAIL IN THISSET OF PLANS.D. WALK AND SIDEWALK SURFACE CROSS SLOPES SHALL NOT EXCEED 1/4" PERFOOT EXCEPT WHEN THE ENFORCING AGENCY FINDS THAT DUE TO LOCALCONDITIONS IT CREATES AN UNREASONABLE HARDSHIP, THE CROSS SLOPE CANBE INCREASED TO A MAX. 1/2" PER FOOT FOR DISTANCES NOT TO EXCEED 20'.E. WALKS AND SIDEWALKS SHALL HAVE A CONTINUOUS COMMON SURFACE, NOTINTERRUPTED BY STEPS OR BY ABRUPT CHANGES IN LEVEL EXCEEDING 1/2", ANDSHALL BE A MIN. OF 48" IN WIDTH.F. WHEN THE SLOPE IN THE DIRECTION OF TRAVEL OF ANY WALK EXCEEDS 1:20 ITSHALL COMPLY WITH THE PROVISIONS OF SECTION CBC1133B.5 AS A PEDESTRIANRAMP.G. WALKS, SIDEWALKS, AND PEDESTRIAN WAYS SHALL BE FREE OF GRATINGSWHERE POSSIBLE. FOR GRATINGS LOCATED IN THE SURFACE OF ANY OF THESEAREAS, GRID OPENINGS IN GRATINGS SHALL BE NO GREATER THAN 1/2" WIDE INONE DIRECTION. IF GRATINGS HAVE ELONGATED OPENINGS, THEY SHALL BEPLACED SO THAT THE LONG DIMENSION IS PERPENDICULAR TO THE DOMINANTDIRECTION OF TRAVEL.H. ALL BUILDING ENTRANCES THAT ARE ACCESSIBLE TO AND USABLE BY PERSONSWITH DISABILITIES AND AT EVERY MAJOR JUNCTION ALONG OR LEADING TO ANACCESSIBLE ROUTE OF TRAVEL SHALL BE IDENTIFIED WITH A SIGN DISPLAYINGTHE INTERNATIONAL SYMBOL OF ACCESSIBILITY AND WITH ADDITIONALDIRECTIONAL SIGNS, AS REQUIRED. TO BE VISIBLE TO PERSONS ALONGAPPROACHING PEDESTRIAN WAYS. SEC 1117B.5.7 & 1127B.3I. IF A WALK CROSSES OR ADJOINS A VEHICULAR WAY, AND THE WALKINGSURFACES ARE NOT SEPARATED BY CURBS, RAILINGS, OR OTHERELEMENTS BETWEEN THE PEDESTRIAN AREAS AND VEHICULAR AREAS,THE BOUNDARY BETWEEN THE AREAS SHALL BE DEFINED BY ACONTINUOUS DETECTABLE WARNING WHICH IS 36" WIDE, COMPLYINGWITH SECTIONSSCALE: 1/16" = 1'-0"8' 16'0 32'REFER TO FLOOR PLAN FOR MORE INFORMATIONREFERENCE NOTES1. BUILDING NOT PART OF THIS PERMITBUILDING DIAGONAL, CBC 1015.2.1132'-8"1/3 DIAGONAL LENGTH (MIN REQ'D)44'-3"EXIT SEPARATION DISTANCE PROVIDED47'-9 1/2"NO FACTOR, WE ARE UNDER THE TABULAR AREA OF9500 SQ FT (REFER TO CALCULATION ON THIS SHEET)AREAS INCLUDED IN 09.14.15 SUBMITTALOCCUPANCY LOAD CALCULATIONSRM. NAMEAREA106 HALL169 SF116 OUTDOOR PATIO 251 SF117 DINING1886 SF118 BAR270 SFTOTAL 2576 SFA-2 OL /15TOTAL OL 171REVISED OCCUPANCY LOAD BASED ON NET AREARM. NAMEAREA116 OUTDOOR PATIO 251 SF117 DINING1886 SF118 BAR270 SFTOTAL 2407 SFA-2 OL /15TOTAL OL 160EXISTING OCCUPANCY LOADCORRECTIONSOCCUPANCY LOAD TABLEOCCUPANCY.SFOLA-22,407160A-2 453 31A-2 415 28A-2 542 36M32511S-2 367 2S-2 798 3B13417F-2 1797 18TOTAL OL 296REFERENCE NOTES (STAGE PLAN/DETAIL)1. 2x4 CONT. WOOD JOISTS @ 40" O.C.2. 2x4 WOOD EDGE FRAMING.3. 2x4 WOOD BLOCKING4. 2x4 WOOD LEG5. 2x2 WOOD SKIRT FRAMING6.58" PLYWOOD TOP SHEATHING.7.14" PLYWOOD FACING.8. STANDARD 4" x 1-1/4" RUBBER CASTER W/ - SWIVEL & BREAK.EXITING PLAN (STAGE DOWN)OCCUPANCY LOAD TABLEOCCUPANCY.OLFSFOLA-2 (NO STAGE)15 NET2,407160A-2 (STAGE DOWN)15 NET2,287152STAGE 15 NET 120 8TOTAL 2407 160(PER TABLE 1004.1.2)STAGE DETAIL - PLAN VIEW1FRAMING DETAIL1" = 1'-0"NOTES:1. NON-ADA COMPLIANT SEATING SHALL BE STORED INDESIGNATED AREA IN BREWERY AS SHOWN. SEE EXITINGPLAN.2. ADA COMPLIANT SEATING SHALL NOT BE REMOVED WHILESTAGE IS IN USE. RELOCATE AS NECESSARY.3. STAGE SHALL BE STORED IN DESIGNATED AREA INBREWERY AS SHOWN. SEE EXITING PLAN.15-02210.09.19BLDG-1862-2015FORM DESIGN+BUILD2436 BROAD STSAN LUIS OBISPO, CA805.547.2344REP: TREVOR MILLERtrevor@formdesignbuild.comTrevor D Miller, ArchitectCA. LIC. #38116LIBERTINE BREWING
COMPANYOCC. LOAD INCREASE = 160 - 160 = 0Packet Page 153
Meeting Date: January 14, 2015
Item Number: 2
2
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of restaurant/brewpub, wine tasting facilities and retail lease spaces at 1234 Broad
Street.
PROJECT ADDRESS: 1234 Broad Street BY: Erik Berg-Johansen, Assistant Planner
Phone Number: 781-7573
e-mail: eberg@slocity.org
FILE NUMBER: USE-0406-2014 FROM: Doug Davidson, Deputy Director
RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) which approves the project,
based on findings, and subject to conditions.
SITE DATA
Applicant Eric and Rodessa Newton;
1234 Broad Street, LLC
Zoning Downtown Commercial (C-D)
General Plan General Retail
Site Area 9,000 square feet
Environmental
Status
Categorically exempt from environmental
review under CEQA Guidelines section
15303 (New Construction or Conversion
of Small Structures).
SUMMARY
The applicant proposes to convert an existing furniture store at 1234 Broad Street to a space that will
support a mix of uses including a restaurant, microbrewery, wine tasting and retail. The project will not
increase the size or floor area of the building, but will result in a higher occupancy and parking
requirement. The project also includes an exterior remodel of the south and west facades (facing
Pacific and Broad Streets, respectively).
Staff has provided an analysis of the proposed project (Section 4.0 below) and recommends approval
of the proposed project with conditions of approval that address potential impacts (noise, lighting, etc.)
and make the project compatible with neighboring uses and the General Plan.
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USE-0406-2014 (1234 Broad Street)
Page 2
1.0 COMMISSION’S PURVIEW
At the discretion of the Community Development Director, an Administrative Use Permit may be
referred to the Planning Commission1. Both the brewery (bar/tavern) and wine tasting aspects of the
proposed project require an Administrative Use Permit. The Community Development Director has
referred this review to the Planning Commission for two primary reasons: 1) the property is at the edge
of the Downtown Core and adjacent to an Office (O) Zone that allows residential uses; and 2) the
proposed uses involve the manufacturing and consumption of alcohol and City Council has shown
heightened awareness of alcohol outlets in the downtown (in 2012, the City Council adopted Zoning
Amendments to address alcohol-related problems in the Downtown).
The Planning Commission’s role is to review the project in terms of its consistency with the General
Plan, Zoning Regulations, and applicable City standards. The final building design will be reviewed by
the Architectural Review Commission (ARC).
2.0 PROJECT INFORMATION
2.1 Site Information/Setting
The subject property is located on the corner of Marsh and Pacific Streets (Attachment 2, Vicinity
Map) in the Downtown Commercial (C-D) zone. The property is adjacent to a retail use (CVS) and
a relatively small office building. Other uses in the vicinity include retail, restaurants, offices and
residential. The 9,000 square foot property contains a one-story, 8,737 square foot structure that
will have no change in floor area.
Site Size 9,000 Square Feet
Present Use & Development Furniture Store
Topography Flat
Access Broad and Pacific Streets
Surrounding Use/Zoning North: C-D (Retail / Pharmacy)
South: O (Professional Offices)
East: C-D (Professional Offices)
West: C-D (Strip mall w/ optometrist, retail, restaurant)
2.2 Project Description
The proposed project includes the following significant features:
1. Uses: Combination of restaurant/brewpub, brewery, retail, and wine tasting. All elements will
feature local artisans and retailers.
2,270 SF brewery and storage area
2,544 SF restaurant
One retail lease space (250 sq. ft.) with direct access to restaurant and Broad Street
1 Zoning Regulations Section 17.58.030.A3 (Procedures): The Director may refer an Administrative Use Permit to the
Planning Commission, pursuant to the requirements in subsection B of this section, when he/she determines the
application involves a major policy issue or public controversy that would be resolved more suitably by the Commission.
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USE-0406-2014 (1234 Broad Street)
Page 3
Four lease spaces with potential for retail or offsite wine tasting (3/4 lease spaces have
direct access to restaurant; all lease spaces have direct access to Pacific Street). Offsite wine
tasting establishments shall operate in accordance with the characteristics defined in the
Zoning Regulations2.
2. Hours of operation: 11:00 AM - 10:00 PM. (weeknights, 11:00 p.m. weekends)
3. Design: Remodel existing façade with a contemporary design
No new floor area (business will operate within existing building)
New fencing to enclose the proposed patio seating area
Roll-up doors along Pacific Street to provide access to retail/wine tasting lease spaces.
4. Parking: No onsite parking provided – increased parking demand to be offset with payment of
in-lieu fees.
Please see Attachment 3 (Project Description) and Attachment 4 (Project Plans) for more details.
3.0 PROJECT ANALYSIS
The following section analyzes the use permit requirement, parking and circulation impacts,
circulation, and project’s consistency with the Zoning Regulations and General Plan.
3.1 Use Permit
The original proposal was to establish a bar/tavern as the primary use with minimal food service.
The Director elevated the Administrative Use Permit application to Planning Commission Review
due to the project’s scale and proximity to residential uses. This original proposal to establish a
bar/tavern was not supported by staff; the applicants took direction and changed their proposal to
establish a use that is focused on a full service restaurant. The proposed restaurant will operate
under a Type 41 California Alcoholic Beverage (ABC) License, which requires the business to act
as a bona fide eating place. The proposed brewery will operate under a Type 23 ABC License
(and as a separate business from the restaurant). These licenses are described below as excerpted
from the ABC regulations:
Table 3.1.1
License Description
41
ON SALE BEER & WINE – EATING PLACE - (Restaurant) Authorizes the sale of beer and
wine for consumption on or off the premises where sold. Distilled spirits may not be on
the premises (except brandy, rum, or liqueurs for use solely for cooking purposes).
Must operate and maintain the licensed premises as a bona fide eating place. Must
maintain suitable kitchen facilities, and must make actual and substantial sales of
meals for consumption on the premises. Minors are allowed on the premises.
2 Wine tasting room – off site. A satellite wine tasting room associated with a licensed winery serving only those
wines it produces in 1-ounce tastes or an amount approved by Alcohol and Beverage Control for tasting
purposes. Only one satellite wine tasting room is permitted per licensed winery. Wine tasting establishments
serving wines from multiple wineries are separately defined as a Bar/Tavern.
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USE-0406-2014 (1234 Broad Street)
Page 4
License Description
23
SMALL BEER MANUFACTURER - (Brew Pub or Micro-brewery) Authorizes the same
privileges and restrictions as a Type 013. A brewpub is typically a very small brewery
with a restaurant. A micro-brewery is a small-scale brewery operation that typically is
dedicated solely to the production of specialty beers, although some do have a
restaurant or pub on their manufacturing plant.
While a Use Permit is not required for restaurants that sell beer and wine before 11 PM, the
project warrants review by the Planning Commission due to the issues associated with operation
of the brewpub (functioning similar to a bar/tavern), onsite brewing, and wine tasting. In
summary, the Director has required Planning Commission review due to the proposed “hybrid”
use, on-premise alcohol sales, and proximity to sensitive receptors such as single-family homes
and neighborhoods.
3.2 Proximity to Sensitive Receptors
Staff has compiled the following spatial information regarding the relationship between the
proposed establishment at 1234 Broad Street and the surrounding neighborhood:
Table 3.2.1
Sensitive Receptor Distance Between Subject
Site / Receptor (ft.)*
Medium Density Residential (R-2) Zone 275
Nearest home in the R-2 Zone 400
Office (O) Zone 50
Nearest Residential Use 75
Old Town Historic District 275
Downtown Historic District 250
*Approximate measured distance is linear (as the crow flies)
The subject site is located approximately one block from the Medium Density (R-2) zone and the
Old Town Historic district. There is a single-family residence located just west of the subject
property at 739 Pacific Street. This property is located in the Office (O) zone, which allows
residential uses without a planning use permit (allowed by right). Another residential use in the
Office zone, an affordable housing project, exists approximately 300 feet southwest of the project
site at 655 Pacific Street.
Table 3.2.1 also shows that the nearest home in the R-2 zone is 400 feet away from the project
site (despite the R-2 zone existing only 275 feet away); this contradiction is due to the presence of
a non-residential use on the nearest R-2 parcel. This parcel is located at 1344 Nipomo Street and
is occupied by St. Stephen’s Episcopal Church.
3 Type 01 License: BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a
license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer’s licensed premises.
Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona
fide public eating place on the manufacturer’s licensed premises or at a bona fide eating place contiguous to the
manufacturer’s licensed premises. May conduct beer tastings under specified conditions (Section 23357.3). Minors are
allowed on the premises.
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3.3 Noise Impacts
While there is a single-family residence in close proximity to the site, the relatively early closing
time of all proposed uses would be expected to mitigate disturbances. As conditioned, the
restaurant/brewpub would close at 10 PM on weeknights and 11 PM on weekends. It has also
been conditioned that all windows and doors (including the proposed roll-up doors) will close
nightly at 9 PM ; this will further reduce noise impacts from these tenant spaces as well as any
noise spillover (exiting through the rolling doors) from the restaurant/brewpub. Condition #4
(closing times) and Condition #6 (ambient entertainment) have been included to mitigate any
potential noise generation, especially during sleeping hours.
It should be considered that the proposed business is located in the Downtown Commercial (C-D)
zone, which was designed to allow restaurants, bars and entertainment uses in a pedestrian-
oriented atmosphere. More intense noise generating uses such as nightclubs or music venues (e.g.
SLO Brew) require a Use Permit to evaluate the greater impacts of such uses on surrounding
neighborhoods. In terms of noise generation, the proposed use is less intense than a different use
that could potentially be permitted at this location.
3.4 Alcohol Related Incidents
According to research completed by the City’s Community Development and Police
Departments, approximately 60% of alcohol events and nearly half of the arrests occur between
11:00 PM to 2:00 AM. These safety statistics became the basis of the 2012 Amendments for
requiring restaurants that serve alcohol after 11:00 p.m. to obtain a Use Permit. The proposed
restaurant/brewpub will be closed during the high-incident late night hours. In addition, the
proposed business will not offer hard alcohol and is not a nightclub or music venue; as a result,
the establishment would not be expected to attract large crowds.
3.5 Parking
The required number of parking spaces for the existing furniture store was 1 space per 500 SF of
gross floor area (8,737 / 500 = 18 spaces). The parking calculation for the proposed use is
outlined on the following page in Table 3.5.1:
Table 3.5.1
Use Sq. Footage Parking Required # Spaces
Restaurant / Kitchen / Patio / Restrooms 4,009 1 space / 350 sq. ft. 11.5
Brewery 2,270 1 space / 500 sq. ft. 4.5
Retail Lease Space #1 250 1 space / 500 sq. ft. 0.5
Retail / Wine Tasting Lease Spaces #3-6* 2,208 1 space / 500 sq. ft. 4.4
TOTAL - Proposed Use 8,737 Mixed 21
TOTAL- Existing Use 8,737 1 space / 500 sq. ft. 18
Additional parking spaces required 3
*The wine tasting lease spaces shall operate in accordance with “offsite wine tasting rooms,” which are not
categorized as a bar/tavern and hence have a lower parking requirement of 1 space per 500 sq. ft.
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In the Downtown Core zone businesses may elect to pay for required parking spaces with an in-
lieu fee (instead of providing the parking onsite). Because the subject site is built out, the
applicant does not have the ability to provide parking onsite and must therefore pay for the net
increase in parking spaces required. As provided in Condition #2, the applicants shall pay the in-
lieu fee for three (3) parking spaces.
The subject site is two blocks (500 feet) from the nearest parking garage located on the corner of
Chorro and Pacific Streets. Parking meters exist on all adjacent blocks; the meters are enforced
Monday-Saturday, 9 AM – 6 PM and Sunday, 1 PM – 6 PM. No parking district exists in the Old
Town neighborhood; the residents of this neighborhood were surveyed in 2007 and the majority
opposed formation of a parking district (and therefore no district was formed).
Analysis: Parking demand for the use is not expected to create significant impacts to the
neighborhood. The majority of properties in the vicinity contain office or service uses that operate
within the normal business hours of 9 AM – 5 PM, Monday-Friday. The expected peak hours of
the proposed use are 5 PM – 10 PM on weekdays, and 11 AM – 11 PM on weekends. The
expected peak hours are not expected to overlap with the normal operating hours of nearby
businesses.
3.6 Circulation
Since there is no major live entertainment proposed (besides ambient music), it is not expected
that the business will need a patron queue. However, Condition #12 requires a patron queue to be
placed along Broad Street (which prohibits a queue along Pacific Street where there are sensitive
noise receptors such as a single-family residence). It has also been noted that the sidewalk along
Pacific Street is relatively narrow; during the ARC review process the City’s Transportation
Division will work with the applicant to resolve any conflicts with pedestrian circulation
(Condition #19).
3.7 Consistency with the General Plan
The 2014 General Plan Land Use and Circulation Elements (LUCE) update includes new policies
and programs that relate to uses in the Downtown:
o New Policy - 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.
o New Policy - Street-Level Diversity: City shall promote a healthy mix of downtown street-
level businesses that emphasizes retail stores, specialty shops and food service rather than
bars or taverns.
The proposed use is consistent with these General Plan policies for the Downtown because: 1) the
use focuses nighttime entertainment (a brewpub and wine tasting) in the Downtown; and 2) the
proposal incorporates a diverse mix of uses including food service, specialty retail and wine
tasting that will enhance tourism and the pedestrian experience in the Downtown. The use is also
consistent with General Plan Policy 4.0.16, which states that restaurants and stores that contribute
to pedestrian traffic should be located on street level in the Downtown.
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4.0 OTHER DEPARTMENT COMMENTS
Comments from the other departments have been incorporated into the recommended resolution as
conditions of approval and/or code requirements.
5.0 CONCLUSION
The applicant’s proposal to open an artisan food and beverage establishment including a
restaurant/brewpub, beer brewing facility, wine tasting and retail uses is consistent with the Zoning
Regulations and compatible with surrounding development. No hard liquor will be offered, full food
service will be provided in accordance with the Type 41 California Alcoholic Beverage Control
license, and the business will close at 10:00 p.m. on weeknights and 11:00 p.m. on weekends. These
facts paired with the upscale nature of the business make the use consistent with the neighborhood and
surrounding development. In order to address any potential impacts (noise, security, etc.), staff has
recommended conditions of approval to maximize the project’s compatibility with neighboring uses
and the General Plan.
6.0 ALTERNATIVES
6.1. Continue the project with direction to the applicant and staff on pertinent issues.
6.2. Deny the project based on findings of inconsistency with the General Plan, Zoning Regulations
and applicable City policy.
7.0 ATTACHMENTS
1. Draft Resolution
2. Vicinity map
3. Project Description
4. Project Plans (reduced size)
5. Downtown Parking Program
Included in Commission member portfolio: Project Plans (full size)
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SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
January 14, 2015
CALL TO ORDER/PLEDGE OF ALLEGIANCE
ROLL CALL: Commissioners Hemalata Dandekar, Michael Draze, John Fowler,
Ronald Malak, Vice - Chairperson Michael Multari, and Chairperson
John Larson
Absent: Commissioner William Riggs
Staff: Community Development Deputy Director Doug Davidson, Assistant
Planner Erik Berg- Johansen, Assistant City Attorney Jon
Ansolabehere, and Recording Secretary Diane Clement
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as presented.
PUBLIC COMMENTS ON NON - AGENDA ITEMS:
There were no comments made from the public.
PUBLIC HEARINGS:
1. 1108 Fletcher Avenue. USE - 0424 -2014: Establish a 602- square foot secondary
dwelling unit in an existing second floor of a detached three -car garage; build new
316- square foot deck on the second floor of detached garage, including a
categorical exemption from CEQA; R -1 -PD zone; Russell Swanagon, applicant.
Kyle Bell)
Community Development Deputy Director Davidson presented the staff report,
recommending adoption of the Draft Resolution allowing a hobby room conversion to a
secondary dwelling unit that exceeds 450 square feet, subject to findings and
conditions.
Commr. Larson disclosed an ex parte communication from Carol Florence concerning
this project. The other Commissioners present indicated that they had also received the
same communication.
Emily Ewer, Oasis Associates, representing the applicant, requested the removal of
Conditions 8, 9, 10, and 11; and the modification of Condition 7. She noted that
Condition 8 is unnecessary because the property has existing trees and landscaping;
Condition 9 is not needed because the existing driveway is in excellent condition and
built to the standards of the time when the lot was developed; Condition 10 is not
relevant because this project is a Secondary Dwelling Unit (SDU), not a multifamily unit,
and the ability of the property owner to absorb the impact fees of more than $10,000 is
limited; and Condition 11 is not needed because installing separate meters would
merely replace a single metering system that works for both dwellings on the property.
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She requested that Condition 7 should be modified because Condition 13 makes it
redundant and that the applicant would prefer a condition or finding explicitly stating that
a shared utility meter would be acceptable.
PUBLIC COMMENTS:
Commr. Larson stated that one letter had been received in opposition to the project
because approval would set an inappropriate precedent.
There were no comments made from the public.
COMMISSION COMMENTS:
Deputy Director Davidson stated that there was a typographical error on page PC1 — 7
in Condition #2 that should read "Section 17.21.010 ". He noted that the City agrees to
strike Condition 8 after staff made a trip to the site and found the trees and landscaping
in good health. He explained that Condition 9 is necessary because the ten percent
side slope of the sidewalk portion of the driveway approach needs to be reduced to two
percent for ADA compliance. He added that the City Engineer wants this Condition to
remain in the Resolution and he acknowledged the necessity of a piecemeal approach
to gaining compliance citywide. He stated that staff recommends that Condition 10 also
remain because, although this is an SDU, the fee schedule breaks down costs by
square footage, not by whether the unit is a multifamily or secondary dwelling. He
added that the fees for a similar project on Augusta Street were paid by the homeowner
and these fees are far less than new construction. He proposed some modifications for
Conditions 7 and 11 and noted that the separate meter might be required just for the fire
sprinklers.
Commr. Multari asked if there would be a fee for square footage less than 450.
Deputy Director Davidson stated that the fee would be lower because size, not exact
use, that determines the fee.
Commr. Multari stated he was confused about the need for separate meters and why
having two would be a public good.
Commr. Larson suggested that a separate meter might be necessary if the water is
turned off for the main residence, it would still be available for the SDU. He noted it
could be a safety issue.
Commr. Draze stated he is concerned about the six -foot wide side deck that overlooks
the deck on the adjacent property. He pointed out that access to the main deck could
be from the room next to the deck, rather than via a side deck.
Commr. Multari stated he was still confused about the driveway slope issue.
Ms. Ewer stated that pushing back four feet into the property to correct the slope would
require an unnecessary major rebuild of the driveway. She noted that there is a
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sprinkler system in the garage and all that is needed is a pipe to connect to the second
story. In response to the overlook issue, she stated that the adjacent property has most
of its outdoor amenities to the west, away from the proposed deck on this property.
Commr. Larson stated that he likes Commr. Draze's suggestion to have access to the
deck from the south side of the SDU. He noted that this is a large property so there are
other ways to meet the open space requirement besides a deck.
Commr. Multari stated he does not think a separate meter is needed. He supported the
removal of Condition 8 and the modification of Condition 10 to state that the project will
pay all fees required by ordinance. He added that he is undecided about the rebuilding
of the driveway and noted it is important that the City incrementally make the community
more accessible and the City is allowing the applicant an SDU but, in this case, the
requirement may be excessive. He agreed that the deck on the west side is a detriment
to the neighborhood and unnecessary; he suggested deleting it. He pointed out that the
site is 12,000 square feet so the unit could be considered a second home, not a
secondary dwelling unit.
Commr. Larson supported Commr. Multari's clarification on Condition 10,
Commr. Dandekar stated that the west side deck is very close to the property line. She
supported having the Utility Department determine whether one or two meters are
needed because it has the authority to provide the service.
Commr. Malak stated he was also undecided about the ADA issue. He noted that it
may be more of a benefit to the homeowner to have separate meters because they
could shut off the water to one unit if necessary but he could go either way on that. He
supported deleting Condition 10 and not classifying this SDU with multifamily units for
fees.
Commr. Fowler noted that the City has already relaxed the rules to encourage SDUs
and he does not want to waive any fees. He added that the applicant is getting an
additional unit. He stated that he does not like the deck on the west side, he supports
grandfathering in the driveway as an existing use that would be prohibitive to alter, and
he does not think a separate meter is needed.
Commr. Dandekar stated that it would be very difficult to reduce the driveway slope so
she supports removing Condition 9. Concerning Condition 10, she agreed that SDUs
should be encouraged but she supports applying the code uniformly to avoid
inconsistencies. She noted that she would have liked to see the fee structure to
determine the impact.
Commr. Draze stated he is uncomfortable with the Commission waiving fees and he
likes Commr. Multari's "as required by ordinance" language. He suggested possibly
eliminating the fire sprinklers if that would require a larger meter.
Deputy Director Davidson stated that the Fire Codes require sprinklers in this situation.
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Commr. Draze noted that, if ADA compliance is not going to be required, the
Commission needs to include conditions stating so.
Commr. Malak stated that he received a letter asking if it is correct that SDUs are not
allowed in planned developments.
Deputy Director Davidson explained that the intent was to prohibit SDUs in small
planned unit developments or condominium developments and, while technically this
property is in a PD zone, the 12,000 square -foot lot size is more like a single - family
neighborhood that should not preclude an SDU.
Commr. Multari made a motion, seconded by Commr. Fowler, and discussion ensued.
Commr. Dandekar asked to hear staff wording for separate metering
Deputy Director Davidson stated the wording was "as determined by the Utilities
Director as to the necessity of a separate meter." He noted it is a standard requirement,
but is not always required based on circumstances.
Commr. Dandekar stated she does not want to preempt what the Utilities Department
might be trying to achieve. She noted that, if in future these two units are occupied by
different people, separate meters could allow the Utilities Department to act on just one.
Commr. Larson stated that since one unit has to be owner - occupied, whoever is paying
the water bill is there and separate metering does not provide substantive benefit. He
agreed with dropping at least the west facing deck and noted there are many ways to
sort out the open space requirement. He supported deleting the ADA requirement
because it seems overly onerous with minimal benefit.
Commr. Multari noted that if separate meters were a City requirement, it would not show
up as a condition, so there is some discretion for the Commission. He agreed that, since
the owner has to be on -site, separate metering is not as important.
In response to a question from Commr. Dandekar, Deputy Director Davidson stated that
just one meter was required for the property on Augusta similar to this property.
Commr. Dandekar stated she was leery of taking this decision and would prefer to leave
it open to the Utilities Director to make a similar decision.
Commr. Larson stated that if there was a compelling reason to have two meters, the
Commission would hear about it and he is confident that were the SDU in the same
building, there would be one meter so the separate building is what is driving this. He
added that he can see some logic to turning the water to one building on or off but a
meter is not needed to do that. He concluded that, if two meters are not a code
requirement, he is fairly comfortable eliminating that condition.
There were no further comments made from the Commission
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On motion by Commr. Multari, seconded by Commr. Fowler, to adopt the Draft
Resolution allowing a hobby room conversion to a secondary dwelling unit that exceeds
450 square feet, subject to findings and conditions, including the following changes:
a. Deletion of Conditions 8, 9 and 11.
b. Add Finding 8 stating "Circumstances related to topography make adjustments
to the driveway apron infeasible."
c. Revise Condition #2 to read "Section 17.21.010"
d. A new Condition stating that the west side deck will be eliminated.
e. Modify Condition 7 to not require a separate meter.
f. Modify Condition 10 to state "The project shall pay all fees required by
ordinance."
AYES: Commrs. Dandekar, Draze, Fowler, Larson, Malak, and Multari
NOES: None
RECUSED: None
ABSENT: Commr. Riggs
The motion passed on a 6:0 vote.
2. 1234 Broad Street. USE - 0406 -2014: Request to establish a brew pub with full
food service, retail uses, and wine tasting, including a categorical exemption from
CEQA; C -D zone; 1234 Broad Street LLC, applicant. (Erik Berg- Johansen)
Assistant Planner Berg- Johansen presented the staff report, recommending adoption of
the Draft Resolution which approves the project, based on findings, and subject to
conditions.
Eric Newton, applicant, requested some changes in the conditions: modify the opening
time to 10 a.m., extend closing time to 11 p.m. weekdays with closing of the doors at 10
p.m. He noted that escrow is subject to project approval.
Rodessa Newton, applicant, SLO, stated that the project will be aiming at a 30+
demographic that does not want to go to a college bar, something which is lacking in the
City. She noted that the project has a website: 1234broadstreet.com. She presented
the Commission with a folder of supportive comments from neighbors.
PUBLIC COMMENTS:
Dustin Pires, Form Design Build, stated he is a part of the design team and is speaking
on behalf of the applicants. He stated that as a young professional, he agrees this will
be a great place to go and to take children and that it will not be loud.
Neil Higgins, SLO, a Cuesta College business /economics professor, supported the
project because it will be very good economically and will provide new jobs and new
opportunities for small business owners. He noted that it will appeal to a different
demographic and income base, and will help build tourism.
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David Baldwin, Atascadero, stated he is a lifelong resident of the county and supports
the project, likes the layout and fagade, and thinks this project will be a good fit with the
downtown. He noted that the applicants have committed to working with locals.
Tyler Clark, Grover Beach, brewer at the Libertine Pub and Brewery in Morro Bay,
stated that the craft beer industry is exploding in popularity and is aimed at the 25 -45
year old demographic. He added that this type of beer is more about the nuances of the
taste and less about simply drinking.
Lawrence Duterte, SLO, brewer, stated he just graduated from Chico State and helped
start a similar place in Chico which became a melting pot of different people. He
supported the project.
Louise Justice, SLO, stated she agrees with Save Our Downtown (SOD) that there are
enough restaurants downtown and she doubts people will park in the parking garage,
but will park in the neighborhood and infringe upon residents. She asked about
containment of brewery odors and for a guarantee that this project will not turn into a
college bar. She gave Black Sheep as an example of how that has happened before.
Elisabeth Abrahams, SLO, a member of SOD, stated the applicants' presentation has
her excited by the possibility of an artisan center containing a brew pub. She requested
conditions that would result in artisan work beyond just food and alcohol, such as art
work, jewelry, etc., being included. She stated she does not want another SLO Brew
and is afraid this project will morph into another bar.
Joseph Abrahams, SLO, stated he agrees with Mrs. Abrahams. He suggested that this
be an artisan center with a section that could morph into a decent grocery store. He
asked if the project leadership really means to attract the older population and artisans
through exhibits, seminars, etc., by having the project be a cultural hub.
David Brodie, SLO, stated that the State Department of Alcoholic Beverage Control
says alcohol outlets are over - concentrated in the downtown core and that every time the
City gets a bar, it loses a shop. He added that shop owners are confronted with
increasing rents and the downtown is now one great big bar. He recommended others
go downtown about ten p.m. to see what is going on and cited such things as public
urination and drunken behavior. He stated that this project has a nice plan but
questioned why it dwells on alcohol. He noted that young people cannot be prevented
from coming to this site and this project is near Old Town residences.
Mike Bianchi, SLO, representing Firestone Walker, stated he is in support of this local
brewery that will be great for tourism. He added that he supports the craft beer
movement and having somewhere to go to experience it.
Trevor Tyler, Los Angeles, former manager of Eureka in SLO and current beverage
director for California Eureka outlets, stated that the perception of beer is changing and
serving alcohol to get people intoxicated is not the goal. He added that the price point
will be above what the average student can afford and the demographic will be 25 -60
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year -olds. He stated he experienced similar push -back when Eureka opened and, as a
competitor, he supports this project which will bring a lot of tourism.
Sean Zurbriggen, Morro Bay, stated he supports the project and noted that at his
business, he does not have trouble with over - serving or intoxication.
Amy Kardel, SLO, Clever Ducks, stated that she supports this as a classy improvement
and the demographic matches those who work in her building. She added that this
does not sound like it will contribute to the alcohol problem and could help displace the
homeless people who camp out along Pacific Street at night. She noted that the early
closing hour is appropriate.
There were no further comments made from the public.
COMMISSION COMMENTS:
In response to questions from Commrs. Larson and Fowler, Mr. Newton stated that he
is aiming to have artisan food, maybe an artist, and maybe some rotation in and out of
the lease spaces for different products. He noted that the roll -up doors are to allow
people walking by to see what is going on inside, and the doorways between the lease
spaces and the main space will be open to create a marketplace atmosphere. He
stated there will be two roll -up doors back -to -back for trash and storage.
Commr. Malak stated that the sidewalk on the Pacific side is very narrow with very little
room for the out - swinging exterior doors. He asked how that will work with those doors.
Mr. Newton stated that he understands that the sidewalk is narrow and in bad condition,
so there may be some modification to the sidewalk required.
Commr. Malak noted that the applicants originally wanted to do a pub but, due to
licensing and City policies, were encouraged to provide food service. He asked if the
menu is full service or bar food.
Mr. Newton replied that they had to propose a restaurant to gain staff's support but they
were always going to have artisan food such as pizzas, salads, and gourmet dishes
and, hopefully, there will be artisans selling other food, too.
Commr. Draze noted that Villa Auto Repair and the furniture store had little need for
parking and he would love to require more parking for this use. He stated that the lease
spaces concern him but not the roll -up doors and that the out - swinging exterior doors
cannot open that way due to a condition. He wondered how much will be going on in
the lease spaces that will affect the neighbors and if those spaces will end up becoming
an expansion of the restaurant. He stated that he likes that most of the project faces
Broad Street, but he is more nervous about the Pacific Street side.
Commr. Larson stated this is an interesting concept and he likes the interaction
between the lease spaces and the central area which he sees as drawing people in
from the lease spaces rather than the opposite.
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Commr. Malak expressed concern about how the noise will filter through to the outside
through the swinging doors.
Commr. Draze suggested changing Condition 14 to state that no hard liquor will be sold
and "for onsite consumption" deleted.
Commr. Dandekar stated she really likes the concept and the intent. She asked about
Condition 23 which seems to require that the building will have to be elevated three feet.
Mr. Newton stated that the three -foot elevation applies to service and utility hookups
only and the rest of the building will be at street level.
Commr. Fowler stated he is concerned about the concentration of bars downtown. He
stated he will support the project because he likes the artisan center and the
architecture, Libertine sounds like the right tenant, and he thinks this is the right use.
He also agreed with the modification of hours.
Commr. Malak stated he likes the project. He added that his concerns include the
potential use of the adjacent CVS parking lot. He noted that the brew pub and CVS will
have the same hours, that Wells Fargo has a security guard in its parking lot, and a
person at CVS stated that at least five tow trucks come each day to the Wells Fargo lot.
Mrs. Newton stated that, with the clientele coming to the artisan center for an hour or
two, she does not think people will park in that lot, knowing they will get towed, but will
use the parking structure instead.
Commr. Malak stated he does not agree because cars are towed every day from the
Wells Fargo lot. He noted that he is concerned that parking may be removed to widen
the sidewalk and he did not see bicycle racks anywhere in the site plan. He stated that
with an older demographic out shopping, park benches would be nice. He noted that
Condition 22 says that out - swinging doors must be in alcoves but homeless transients
will sleep in those alcoves. He asked if the building design will be compatible with the
two attached structures, one on Broad and one on Pacific.
Deputy Director Davidson stated that the Architectural Review Commission will look at
the issue of architectural compatibility.
Commr. Larson suggested a condition similar to Condition 19 that could apply to the
Pacific Street side of the project.
Assistant Planner Berg- Johansen stated that there could be an addition to Condition 19
so that the condition would address pedestrian level of service on Pacific Street. He
added that people can use the parking garage and walk down Pacific Street.
Commr. Multari stated that this project is very attractive but the question is whether it is
in the right location and is the right use for this location. He added that he has doubts
because of the zoning split in the middle of the block between Marsh and Pacific and
the interface between offices and residential. He stated that the openings between the
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lease spaces and the restaurants are a problem. He noted he does not think more wine
tasting is needed in an area of offices with residences nearby. He cited the testimony of
Mr. and Mrs. Abrahams and wondered if the project can be conditioned to close off the
lease spaces so there is no free flow between those and the main space, and to not
allow alcohol in those lease spaces but limit it to the brewery and restaurant. He
expressed concern about the reality of what the market will dictate and that the
applicants might say they cannot make it work with closing at ten and no live music, and
they really need the City's help in loosening up the conditions to make a go of it. He
stated that his response to that would be no because he is reluctant to have this project
morph into another bar. He added that he does not want the tavern part to become the
main use and, to feel comfortable approving this, he would need a condition that would
not allow that free flow or the tasting or serving of alcohol in the lease spaces. He also
supported enforcing the proposed hours. He repeated that, if the applicants find that, in
a year from now, the model does not work, he will be reluctant to give more flexibility.
He expressed disappointment in this use at this location. He noted that a taller mixed -
use project incorporating some residential would have been more appropriate.
Commr. Larson stated that the wine tasting businesses, as presented in the staff report,
would be offsite tasting rooms, not wine bars, which Assistant Planner Berg- Johansen
confirmed. He added that, if the project had four offsite wine tasting places plus the
brewery and restaurant, he would agree that that is a substantial number of alcohol
places.
Commr. Draze stated that to get his support, the lease spaces cannot have onsite
consumption and he would like to remove the connection between the lease spaces and
the restaurant.
Commr. Larson stated he likes the interaction between the leased spaces and the
central area and the project might attract a cheese or sausage shop.
Commr. Multari stated that businesses like cheese and flower shops would be fine but
he is concerned it will be other types of shops that might serve alcohol, and that people
in the restaurant consuming alcohol will filter out through the lease spaces to Pacific
Street.
Commr. Malak stated he can agree with prohibiting the wine tasting but does think the
open walkways between the lease spaces and the restaurants is a good idea.
Commr. Multari stated he is afraid some of that lease space could end up as restaurant
seating if the owners cannot get businesses like the cheese shop. He added that he
likes the idea of conditioning the project to prevent that.
Commr. Malak supported the idea of this type of condition.
Commr. Dandekar expressed concern about tying the hands of the applicant and did
not support a restriction on the type of businesses allowed in the lease spaces.
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Commr. Multari stated that he is concerned about this being close to Old Town and next
to office buildings, and that it is just the idiosyncrasy of zoning that allows this use.
Commr. Fowler stated he likes the open doors and the free flow but also shares the
community concern about another bar and that there has to be concern about what
Commr. Multari has described. He noted he would rather err on the side of the lease
spaces not being alcohol places and would support coming up with a condition that
would prevent another bar downtown.
Commr. Malak stated, if there is a condition that there can be no offsite wineries there,
then that brings up the time frame and the question of whether businesses would be
required to be open the same hours as the restaurant.
Commr. Multari stated that would be something the restaurant owner /tenant and the
lease space tenants could figure out and it does not bother him as long as it does not
turn into a drinking place. He stated he would be in favor of letting them open earlier.
Commr. Dandekar stated that offsite wine tasting seems complementary to beer
brewing and asked if one such space could be allowed. She noted she is trying to leave
the applicants some leeway and some presence for local production.
Commr. Larson stated that is how he initially read it —one offsite wine tasting
establishment with the others being retail.
Commr. Draze stated that the only way he can be comfortable with the project is to
specify no alcohol consumption in the lease spaces.
Commr. Multari asked if lease space #1 could be considered for wine tasting.
Commr. Draze stated he would be less concerned about that location because it is
small and facing Broad Street.
Commr. Fowler stated he could be supportive of one outlet, probably on Broad Street.
Commr. Draze stated he could support opening at 10 a.m. and closing an hour later on
Thursday due to that being the Farmers Market night.
Commr. Draze made a motion and discussion ensued.
Deputy Director Davidson suggested altering Commr. Draze's wording in the new
condition banning alcohol consumption in lease spaces 3, 4, 5, and 6 to read: "Lease
spaces fronting Pacific Street shall not include wine tasting or other alcohol uses or
expansion of the brewery into the lease spaces." Commr. Draze accepted that wording.
Commr. Dandekar supported allowing the applicants to make lease space #1 somewhat
larger for a wine tasting bar.
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Deputy Director Davidson noted that, if it gets substantially larger, more than 300
square feet or so, it would have to be brought back to the Commission for consideration.
Commr. Fowler seconded the motion at this point.
Commr. Larson stated he is supporting the motion with some reservation because he
does not think the restrictions on alcohol are necessary.
Commr. Multari stated he supports the motion with some hesitation because he remains
concerned about the potential for the project morphing into a bar.
Commr. Dandekar stated she would like to offer the applicants a little more flexibility but
is basically fine with the motion. She added she would like to give the applicants the
possibility of growing lease space #1 fronting Broad and is suggesting this as a friendly
modification to the motion.
Commrs. Draze and Fowler stated they both have a problem with changing the motion
Commr. Malak stated he can support the motion with some reservations because he
was at the Ludwick Community Center meeting and saw that at least 90% of the people
there thought there were too many bars in the downtown.
Commr. Larson stated that this is not a bar, but the type of establishment that might
help turn the corner on the bar issue.
Commr. Multari stated that he does not consider this to be approving a bar, but rather
approving a restaurant, a microbrewery, and some lease spaces.
There were no further comments made from the Commission.
On motion by Commr. Draze, seconded by Commr. Fowler, to adopt the Draft
Resolution which approves the project based on findings, and subject to conditions with
the following changes:
a. no changes to findings
b. change the hours of operation to 10:00 a.m. to 10 p.m., Sunday — Wednesday,
and 10 a.m. to 11 p.m., Thursday — Saturday in Condition 4.
c. delete "for onsite consumption" in Condition 14.
d. add a new condition stating that lease spaces fronting Pacific Street shall not
include wine tasting or other alcohol uses or expansion of the brewery into the
lease spaces.
AYES: Commrs. Dandekar, Draze, Fowler, Larson, Malak, and Multari
NOES: None
RECUSED: None
ABSENT: Commr. Riggs
The motion passed on a 6:0 vote
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3. COMMENT AND DISCUSSION:
a. Staff
Agenda Forecast — January 28, 2015, meeting canceled; February 11,
2015, appeal of a use permit for Fredericks Street.
b. Commission
ADJOURNMENT: The meeting was adjourned at 9:20 p.m.
Respectfully submitted by,
Diane Clement
Recording Secretary
Approved by the Planning Commission on March 11, 2015.
Lauri Thomas
Administrative Assistant III
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