HomeMy WebLinkAboutPC-1004-17 (APPL-0511-2017 -- 733 Higuera Street)RESOLUTION NO. PC -1004-17
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
UPHOLDING AN APPEAL OF THE ADMINISTRATIVE HEARING
OFFICER'S DECISION TO APPROVE A USE PERMIT, GRANTING
EXTENDED HOURS OF OPERATION PAST 12:00 A.M. FOR THE
EXISTING RESTAURANT, KNOWN AS BLAST 825 TAPROOM, IN THE
HISTORIC DOWNTOWN COMMERCIAL ZONE, AS REPRESENTED IN
THE STAFF REPORT AND ATTACHMENTS DATED JUNE 14, 2017 (733
HIGUERA STREET, APPL-0511-2017)
WHEREAS, the Administrative Hearing Officer of the City of San Luis Obispo conducted
a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 24, 2017, pursuant to a proceeding instituted under USE -4022-2016, Dan
Harper, applicant; and
WHEREAS, On May 4, 2017, Dan Harper, on behalf of Blast 825 Taproom, filed an
appeal of the Administrative Hearing Officer's action; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
June 14, 2017, pursuant to a proceeding instituted under APPL-0511-2017, Dan Harper, appellant;
and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered
all evidence, including the testimony of the applicant, interested parties, and evaluation and
recommendations by staff, presented at said hearing.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission makes the following findings to
uphold the appeal (APPL-0511-2017) of the Administrative Hearing Officer's decision, thereby
granting final approval to the project with extended hours of operation past 12:00 a.m. Thursday
through Saturday nights (USE -4022-2016), based on the following findings:
As conditioned, the use will not harm the general health, safety, and welfare of people living
or working in the vicinity because conditions will minimize noise impacts as well as impacts
to police resources and the community.
2. The proposed project is consistent with the General Plan, which designates the project site as
Downtown Commercial (C -D). The City's General Plan Land Use Element Policy 4.3,
Entertainment and Cultural Facilities, states that "...Entertainment facilities, such as
nightclubs and private theaters, should be in the downtown..."
3. The proposed project is consistent with the General Plan policy to locate, at the street level,
Resolution No. PC -1004-17
APPL-0511-2017 (733 Higuera Street)
Page 2
restaurants, stores, and other uses benefiting from and contributing to pedestrian traffic (LUE
4.20.1).
4. The proposed use is consistent with Land Use Element Society and Economy goal #27 to
serve as the County's hub for entertainment and cultural services.
5. As conditioned, the project is consistent with the Zoning Regulations and the 2012 Alcohol
Outlet Regulations to reduce public safety problems associated with alcoholic beverage sales,
and provide for properly maintained alcohol outlets so that negative impacts generated by
these activities are not harmful to the surrounding environment.
6. As conditioned, the proposed use is compatible with the project site and with existing and
potential uses in the vicinity which include retail shops, restaurants, bars, and night clubs.
SECTION 2. Environmental Review. The project is categorically exempt under Class 1,
Existing Facilities; Section 15301 of the CEQA Guidelines, because the project is a minor
modification of an existing use into another existing use within the building envelope that will not
have significant effects on the environment.
SECTION 3. Action. The Planning Commission hereby grants final approval to the
project with incorporation of the following conditions:
Planning Division
The Use Permit shall be reviewed by the Community Development Director for compliance
with conditions of approval, or to determine whether a modification of the Use Permit is
necessary upon significant change to the business as represented in the applicant's submitted
project application materials and the staff report dated April 24, 2017, or in the event of a
change in ownership which may result in deviation from the project description or approved
plans.
2. This Use Permit shall be reviewed by the Administrative Hearing Officer if the City receives
substantiated written complaints from any citizen, Code Enforcement Officer, or Police
Department employee, which includes information and/or evidence supporting a conclusion
that a violation of this Use Permit, or of City ordinances, regulations or Police Department
resources (calls for service) applicable to the property or the operation of the business, has
occurred. At the time of the Use Permit review, to ensure on-going compatibility of the uses
on the project site, conditions of approval may be added, deleted, modified, or the Use Permit
may be revoked.
Hours of operation for the proposed use shall not be outside the hours from 8:00 a.m. to 12:00
a.m. Sunday through Wednesday and 8:00 a.m. to 1:00 a.m. Thursday through Saturday.
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.
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5. Entertainment shall be located only in the areas specified on floor plans as represented in the
applicant's submitted project application materials and the staff report dated April 24, 2017.
Live entertainment, above the level that is compliant with the City's definition of ambient
entertainment, shall be limited to three nights a week that consist of a solo/duo performer
which provides background music for the restaurant, between the hours of 6:00 p.m. — 12:00
a.m. between Thursday and Saturday evenings, and for which no cover fee or ticket is
required.
6. Live or amplified entertainment shall not be allowed in any outdoor areas (i.e. Higuera Street
sidewalk dining). Acoustic or background music, consistent with the City's definition of
ambient entertainment, is allowed in outdoor areas from 8:00 a.m. to 10:00 p.m.
7. Tables, chairs, and the general floor plan layout shall remain consistent with approved plans
and may not be removed or modified for late night operation or special events unless approved
by the Community Development Director in advance, or if approved by separate permit.
8. This use permit is approved for ABC alcohol license designation "Eating Place" consistent
with a restaurant use, and may not be exchanged for the "Public Premises" license type
(Bar/Tavern).
9. The applicant shall make reasonable efforts to minimize the potential for adverse noise and
crowd impacts on adjacent establishments and nearby residences, including, but not limited
to, ensuring that all windows and doors are closed during any entertainment and no later than
10:00 p.m., nightly.
10. The proposed use shall operate in conformance with the City Noise Ordinance (M.C. Chapter
9.12, Noise Control) to maintain compatibility with the nearby residences and businesses.
11. The site shall be maintained in a neat and orderly manner at all times, to the satisfaction of
the Community Development Director.
12. The applicant shall not permit its patrons to leave the licensed premises with any alcoholic
beverage or to consume alcoholic beverages on any property adjacent to the licensed premises
under the control of the licensee(s).
13. To address complaints and minimize the need for police response to minor issues, an owner
or manager shall be on premises at all times, and shall be available to be contacted by a City
representative and/or adjacent property owner or tenant. The applicant shall provide and
regularly update contact information to the City's Police, Fire, and Community Development
Departments and adjacent property owners and tenants, or any interested members of the
public.
14. The applicant is responsible at all times for verifying the legal age of patrons, for monitoring
patrons' on-site alcohol consumption, and for declining to serve alcohol to patrons who
demonstrate signs of intoxication or impairment associated with alcohol consumption, based
on training provided to all staff.
15. All employees shall attend ABC LEAD Training or equivalent training, to the satisfaction of
the Police Chief.
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16. The applicant shall be responsible for on-going security/safety training to accommodate
changes in personnel.
17. The applicant shall maintain and operate a video recording system that records activity at all
entrances and exits during all business hours. The video shall be of a quality suitable for later
identification of customers and staff. It will be recorded in a manner that may be retrieved
and provided to police immediately upon demand. Video data shall be retained for a minimum
of 72 hours or as otherwise required by law.
18. Business shall be conducted in a manner that will not violate any provisions of the California
Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minors (§25658),
maintaining the public health, morals, convenience, and safety (§25601); and taking
reasonable steps to correct any objectionable conditions on the premises and immediately
adjacent to the premises (§24200).
19. The maximum posted occupant load for each space shall not be exceeded at any time. This
permit is strictly limited to allow only the occupant load for the premises as approved by the
City of San Luis Obispo Fire Department. Occupant loads approved by the City of San Luis
Obispo Fire Department shall be posted at all times.
Indemnification
20. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers
and employees from any claim, action or proceeding against the City and/or its agents,
officers or employees to attack, set aside, void or annul, the approval by the City of this
project, and all actions relating thereto, including but not limited to environmental review
("Indemnified Claims"). The City shall promptly notify the applicant of any Indemnified
Claim upon being presented with the Indemnified Claim and City shall fully cooperate in the
defense against an Indemnified Claim."
On motion by Commissioner Mann, seconded by Commissioner Bisheff, and on the
following roll call vote:
AYES: Commissioners Bisheff, Dandekar, Malak, Mann, Osterbur, and Vice -
Chair Fowler
NOES: None
ABSENT: Chair Stevenson
The foregoing resolution was passed and adopted this 14`h day of June, 2017.
Doug avidson, &cretary
Planning Commission