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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) Page 2 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) Page 4 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) Page 5 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) Page 6 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) Page 7 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