HomeMy WebLinkAboutUSE (A 74-12) 950 Orcutt - Bang the drum approval
September 12, 2012
Beda Schmidthues
2603 Broad Street
San Luis Obispo, CA 93401
SUBJECT: Use Permit Appl. A 74-12: 950 Orcutt Road
Dear Ms. Schmidthues:
On Friday, September 7, 2012, I conducted a public hearing on your request for a Use
Permit to allow a restaurant in the Manufacturing (M) zone, at the above-listed location.
After reviewing the information presented, I have approved your request, based on the
following findings and subject to the following conditions:
Findings
1. As conditioned, the proposed use will not be detrimental to the health, safety, or
welfare of persons working or living at the site or within the vicinity because the
use is consistent with existing conditions on the site and the use will be safely
fenced from the adjacent uses and the railroad right-of-way.
2. As conditioned, the proposed use is consistent with the property development
standards of the City’s Zoning Regulations.
3. As conditioned, the proposed use is consistent with the General Plan because it
provides a mix of uses to serve nearby residents (LUE 2.2.1).
4. As conditioned, the project is consistent with the Railroad District Plan because
unsightly fencing along the railroad right-of-way will be replaced with fencing and
landscaping consistent with the Architectural Guidelines of the Railroad District
Plan.
5. The project is exempt from environmental review under Class 1 (Section 15301),
Existing Facilities of the CEQA Guidelines because the project provides additions
to an existing structure which does not result in an increase of more than 50
percent of the floor area of the structure.
A 74-12 (950 Orcutt Road)
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Conditions
Planning
1. A building plan check submittal that is in full conformance with submitted project
plans and the following conditions of approval shall be submitted for review and
approval of the Community Development Department.
2. The proposed use shall operate in accordance with the submitted project
description.
3. 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.
4. The proposed restaurant shall close no later than 11 p.m. Monday through
Thursday, 12 p.m. Friday and Saturday, and 10 p.m. on Sundays. Alcohol service
associated with the proposed restaurant shall not continue past 11 p.m. Alcohol
service later than 11 p.m. shall require modification to this Use Permit. All doors
and windows shall close at 11 p.m. and no outdoor seating is allowed past 11 p.m.
5. California Fire Code section 1909 requires perimeter security fencing to separate
the lumber yard area from neighboring uses. The applicant shall coordinate with
the lumber yard tenant and provide the location of a security fence separating the
restaurant and lumber yard uses on plans submitted for a building permit. The
lumber yard should be visually screened from the proposed restaurant use through
the use of landscaping along the security fencing.
6. A minimum of 25 short-term and 3 long-term bicycle parking spaces shall be
provided on-site.
7. As per the Railroad District Plan the existing fencing, adjacent to the proposed
restaurant along the railroad right-of-way, shall be replaced with an open-style
decorative fencing (i.e. steel picket, wrought iron, and/or wood and metal rail
combination fencing).
8. The fencing along the railroad right-of-way shall continue to the Orcutt Road
property line to provide safety separation from the railroad right-of-way. The
fencing should step down to approximately four feet as it approaches Orcutt Road.
9. If the storage room is to be used as an event room in the future, as shown on
project plans sheet A-3, the applicant shall provide parking for this space, to City
standards, at a rate of one parking space per sixty square feet of floor area
(approximately 9 spaces).
A 74-12 (950 Orcutt Road)
Page 3
10. Live entertainment at the subject location, above the level consistent with the City’s
definition of ambient entertainment, shall require modification to this use permit.
11. The applicant has indicated interest in future outdoor events associated with the
business. Future outdoor events will require modification to this Use Permit. A
request for modification to this Use Permit for future outdoor events shall include
but not be limited to: a description of each event including dates and times, any
proposed signage including size and location, and a site plan.
12. If the partnership with Transitions Mental Health Growing Grounds ceases, the
applicant shall provide equivalent landscaping on-site.
13. Any new proposed signage shall be reviewed by the Planning Division to ensure
appropriateness for the site and compliance with the Sign Regulations.
14. Residual soil and groundwater contamination may remain at the site and may be
exposed during site redevelopment activities. Accordingly, the Central Coast
Regional Water Quality Control Board recommends the project proponent develop
a hazardous substance mitigation plan prior to initiation of grading and construction
activities. The plan shall provide an overview/background of the property, and
describe the methodologies proposed for the identification, proper handing, on-site
management, and disposal of petroleum hydrocarbon-contaminated soil and
groundwater that may be generated during construction and dewatering activities.
15. This Use Permit shall be reviewed by the Administrative Hearing Officer no later
than five years from date of occupancy. The Administrative Hearing Officer shall
have the ability to modify, delete, or add conditions as necessary.
Public Works
16. The project, as proposed, has identified two phases of construction and/or Use
Permit approvals. Phase 1, as submitted with this application, includes the
recognition of temporary uses and partial improvements. This initial Phase 1 shall
have a time period that will sunset in five years. The Phase 2 improvements have
not been specifically identified on these plans but are referenced as final conditions
related to the extension of the Use Permit approval beyond five years. Phase 2
improvements may include the review of new buildings or site redevelopments
prior to the Use Permit sunset in five years.
17. Phase 2 parking lot improvements have not been presented but may require the
modification or relocation of the Phase 1 trash enclosure improvements. Phase 2
parking lot improvements will require an upgrade to the parking lot adjacent to
Duncan Lane to City standards.
A 74-12 (950 Orcutt Road)
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18. The Phase 1 building plan submittal shall include a summary report on the water
quality treatment method proposed for the existing and proposed impervious
parking lot areas.
19. The Phase 1 building permit plan submittal shall include all required parking lot
improvements, dimensions, space dimensions, maneuverability, materials, space
and aisle slopes, drainage, pavement marking, signage, and striping in accordance
with the Parking and Driveway Standards and disabled access requirements of the
CBC.
20. An encroachment permit will be required from the Public Works Department for
any work or construction staging in the public right-of-way.
21. The building plan submittal shall correctly reflect the right-of-way width, location of
frontage improvements, front property line location, and all easements and
dedications. All existing and proposed frontage improvements, utility installations,
and drainage improvements shall be shown for reference.
22. One or more sidewalk underdrains may be required along the Orcutt Road
frontage to manage the runoff from the improved patio and nursery area located on
the east side of the building.
23. The existing fencing, plantings or other improvements located within the public
right-of-way or area of dedication shall be removed or relocated to the satisfaction
of the Public Works Director. A temporary encroachment agreement will be
required for any proposed encroachments or existing encroachments that are
allowed to remain. The required agreement shall be recorded prior to building
permit issuance for each phase as applicable.
24. The applicant or owner shall maintain the easterly gravel yard area as a condition
of the use. Access control and/or erosion control improvements may be required
to control the migration of gravel, silt, and debris into the public right-of-way and
storm drain systems. Bollards or other access control shall be provided to the
satisfaction of the City along the back of sidewalk and driveway approach off
Orcutt Road. The building plan submittal shall include a management plan for this
area to further clarify how access to the proposed Wholesale Nursery will be
managed.
25. Provisions for trash, recycle, and green waste containment, screening, and
collection shall be approved to the satisfaction of the City and San Luis Obispo
Garbage Company. The respective refuse storage area and on-site conveyance
shall consider convenience, aesthetics, safety, and functionality.
26. The building plan submittal shall show all existing and proposed trees related to
this lease space. The plan shall show and note any trees to be removed. Street
trees shall be planted as a condition of the Phase 1 building permit improvements
A 74-12 (950 Orcutt Road)
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along Orcutt Road and Duncan Road per City Engineering Standards and to the
satisfaction of the Public Works Department.
27. One 15-gallon street tree may be required for each 35 lineal feet of frontage. The
City Arborist shall approve the tree species and planting requirements. New trees
shall be located to honor the existing, proposed, and/or future sidewalk location. If
adequate right-of-way/parkway is not available between the back of sidewalk and
existing buildings to remain, an alternate planting location may be approved on-site
within the perimeter fencing.
Transportation
28. Partial frontage improvements shall be completed in conjunction with the Phase 1
project improvements. The Phase 1 project shall upgrade or replace the existing
curb ramp and shall install sidewalk from the curb ramp to the southerly driveway
approach per current ADA and City Engineering Standards along the Duncan
Road frontage in conjunction with the required building permits. An accessible
path of travel shall be provided from the public right-of-way to the area of remodel
to the satisfaction of the Building Official.
29. The Phase 1 right-of-way dedications related to the curb ramp and sidewalk
installation shall include the 90’ x 30’ corner triangle area at the intersection of
Duncan and Orcutt Road as shown in Exhibit 1 of Ordinance 1269 (1994 Series).
Any deferral of the Phase 1 dedication to Phase 2 shall be approved by the Public
Works Director.
30. Citywide Transportation Impact Fee shall be paid prior to building permit issuance
for the Phase 1 construction. The interior and exterior uses within the lease space
will be used to calculate all traffic-related fees. Credit will be applied for the
existing/prior use as established by ordinance.
31. Fair-share Transportation Impact fees shall be paid prior to Phase 1 building permit
issuance for the following improvements:
a. Orcutt Road Widening from Sacramento Drive to Laurel Lane. Current pro rata
fee is estimated at $610.92 per new PM Trip generated by the project traveling
through the intersection.
b. Intersection widening and improvements to the South/Broad/Santa Barbara
Street Intersection. Current pro rata fee is estimated at $1,646 per new PM
Trip generated by the project traveling through the intersection.
c. The installation of a traffic signal at the intersection of Broad Street and
Woodbridge. Current pro rata fee is estimated at $156 per new PM Trip
generated by the project traveling through the intersection.
32. The calculation of the fair-share traffic fees will utilize ITE trip generation rates.
The applicant may submit traffic count data (following City guidelines) for the
A 74-12 (950 Orcutt Road)
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specific use one year after the business has been in use for the City’s
consideration. If it is determined that the actual project traffic is less than was
estimated, the applicant may request a refund for the portion of the traffic fee that
exceeded the actual traffic counts.
33. As a condition of Phase 2, the existing driveway approaches shall be upgraded or
replaced to comply with current City and ADA standards. The current City and
ADA standard requires a 4-foot accessible sidewalk extension behind the ramp.
34. Dedications will be required as a condition of Phase 2 right-of-way construction.
City Engineering Standards require that public sidewalk be installed within a public
right-of-way or public street easement. The required sidewalk installation shall
include the necessary right-of-way dedication. The dedication shall also include
any public pedestrian easement needed to accommodate the ADA sidewalk
extension behind the driveway approaches.
35. The required dedications and/or easements shall be recorded prior to Phase 2
permit issuance. The applicant shall provide current ownership information, a
preliminary title report, a legal description, and any required exhibits necessary to
define the area of the dedication/easement.
36. Compliance with certain provisions of the South Broad Street Corridor Plan
(SBSCP) may be required as a condition of permit issuance for the Phase 2
improvements. If, at the time of the Phase 2 permit application/review, the City
Council has adopted the SBSCP, additional right-of-way dedication and
improvements may be required to the satisfaction of the Public Works Director in
accordance with the plan.
37. This use permit shall be reviewed by the Administrative Hearing Officer if any
reasonable written complaint is received from any citizen, or from the Police
Department, or upon receipt of evidence that the use is not in compliance with
conditions of approval and the Municipal Code, or upon significant change to the
event(s) as described in the applicant’s proposal. At the time of the use permit
review, conditions of approval may be added, deleted, or modified or the use
permit may be revoked. The Hearing Officer may refer the complaint to the
Planning Commission at his/her discretion.
Fire
38. Fire Sprinklers designed in accordance with NFPA 13 Standards shall be installed
as this is a change of use for this building.
Code Requirements
The following code requirements are included for informational purposes only. They
serve to give the applicant a general idea of other City requirements that will apply to
A 74-12 (950 Orcutt Road)
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the project. This is not intended to be an exhaustive list as other requirements may be
identified during the plan check process.
Stormwater
1. The site will require the development, submittal, and approval of a Water Pollution
Control Plan conforming to the City’s Stormwater Management Plan prior to the
issuance of a building permit. Since the project includes proposed significant
grading activities (i.e. grading of over 50 cubic yards and/or complete site
grubbing), plans shall include the exact placement of all temporary and permanent
storm water control measures (Best Management Practices) and the submittal of
grading and erosion control plans. The applicant, or their designee, can develop
their own WPCP or, if applicable, utilize the City’s WPCP template which is
available on-line at: http://www.slocity.org/publicworks/stormwater/publicout/
SWBMPWPCPPlan2011%20B&S%20all%20II.pdf or at the Building Counter at
919 Palm Street.
2. If disturbed soil areas shall remain unimproved or in a disturbed state (i.e.
temporary inactive site) for more than 30 days, then temporary storm water control
measures, such as the use of fiber rolls, silt fencing, and/or temporary re-
vegetating of the site, may be required based upon various factors (i.e. proximity to
the creek, soil type, slope length and grade, and proximity to an area of significant
biological sensitivity) by the 14th day of inactivity. Prior to installing temporary
control measures on an inactive site, the applicant shall submit updated plans
depicting the exact location and type of each temporary storm water control
measure to be utilized on the site. For additional details and/or assistance, please
contact Doug Dowden at (805) 781-7530 or Bob Armet at (805) 781-7181 at the
City of San Luis Obispo.
3. The plans lack sufficient detail as submitted to make comments on the proposed
post-construction water treatment devices, thus, at this time, request is made for
additional detail from the applicant. Specifically, details on the filtration swale
design elements are needed. Also, the plans, as submitted, denote in the key an
area identified within the plan as a ”(E) Filtration Swale w/ l’scaping”, but under the
heading “Project Data” the “(E)” classification reflects an impervious status, thus
clarification is required before final determination of the plan’s viability. Since the
applicant is proposing various private storm water conveyance system features
and low impact development devices (i.e. filtration swale), then a private storm
water conveyance system agreement and operations and maintenance manual will
be required.
Fire
4. The indoor dining area appears to be over 800 square feet, not 589. Based on this
area for non-fixed seating, the occupant load will be over 50 persons, making this
A 74-12 (950 Orcutt Road)
Page 8
an ‘A-2’ occupancy. All exiting provisions for a public assembly building in Chapter
10 of the California Building Code shall be applied.
5. The commercial kitchen shall comply with the Mechanical Code and Section 609 of
the California Fire Code.
6. The future lumber yard shall comply with Section 1909 of the California Fire Code,
inclusive of yard hydrants, access roads, and perimeter security fences.
My decision is final unless appealed to the Planning Commission within 10 days of the
action. Any person aggrieved by the decision may file an appeal. Appeal forms are
available in the Community Development Department or on the City’s website
(www.slocity.org). The fee for filing an appeal is $268 and must accompany the appeal
documentation.
If you have any questions, please call Marcus Carloni at (805) 781-7176.
Sincerely,
Doug Davidson
Hearing Officer
cc: SLO County Assessor’s Office
Robert L Henderson, TRE ETAL
600 Taylor Place
Arroyo Grande, CA 93420