Pemberton Project
1144 Chorro Street
(USE-1127-2015)

Public Hearing
Sept. 15, 2015

The City Council is scheduled to hold the public hearing on September 15, 2015, on the Save Our Downtown appeal of the Planning Commission's approval of the project. The staff report will be available Wednesday afternoon, September 9, 2015, on the City Council Agenda webpage:
Staff Report
For more information contact James Lopes at saveourdowntownslo@charter.net

Appeal Letter

Appeal: Save Our Downtown

Seeking to protect and promote the historical character, design, 
livability and economic success of downtown San Luis Obispo.

July 31, 2015
City Council
City of San Luis Obispo
990 Palm Street, California 93401

Re:  Appeal of Architectural Review Commission and Planning Commission approvals of 1144 Chorro Street (ARCH-1376-2015; USE-1127-2015)

Dear Mayor Marx and Council Members:

We are appealing the approval of the 1144 Marsh Street proposal for a restaurant, bars, lounges, dance club/theater and bowling alley, for your consideration of the following concerns:

The Planning Commission failed to deny the proposed use as inappropriate with the small-scale, mixed-use character of downtown.  The uses that are being allowed seem to be in pursuit of making the downtown into a permanent ‘party place.’  The uses proposed are not ones that will encourage citizens of the town to come to the downtown area.  It appears to be another business complying with the desires of the thousands of college students.  The addition of four bars and seven lounge areas to the already eleven bars in the downtown is a notable problem for the safety and viable atmosphere of our downtown.  The addition of a large club/theater itself is problematic for this family-oriented area near the Downtown Center.  

Instead, the site is an opportunity to have a retail and dining environment, or more preferably, a downtown marketplace, an entity that has been requested many times during the long interlude of vacancy. There could be a gallery of shops of arts and crafts, a type of shop that has been very successful in cities, such as Eugene, Oregon at the Fifth Street Market (http://www.5stmarket.com/),
the galleries in the Pearl District, Portland, Oregon, or Studios on the Park, Paso Robles, California. 

This is the high point of downtown, and the project has too large a scale of bars and loud entertainment for the intended small-scale and residential, mixed-use character of downtown.  To repeat, the outsize scale of the bars and theater/club is inappropriate in our residentially-oriented, small-scale downtown.  The Planning Commission failed to act to adequately avoid the following impacts, among others, of this large-scale project and its design:  

1.     Noise of patrons, bowling alleys and music through open windows and doors.  

2.     Noise through the building itself from the operation of the bowling alley; we dispute the noise study and seek better evidence or proof.

3.     Public nuisances and rowdy behavior from crowds and individuals during and after hours outside the venue.

4.     Block-long lines of club customers around the corner of Marsh/Chorro, which is the main access point to the City parking garage. 

5.     The addition of parking demand on the nearby crowded garage, due to the allowed payment of in-lieu parking fees. 

We ask that your Council deny these applications for the above concerns, in favor of mixed retail and arts/crafts uses within the space, similar to Court Street, Downtown Center and Fifth Street, Eugene, Oregon (http://www.5stmarket.com/).  

Or, we ask that your Council deny the applications without prejudice, or modify the use permit with direction that it be revised and re-submitted as follows:

1.     Require a much smaller-scale use that perhaps does not include several bars/lounges and a dance club/theater.

2.     Require enclosure of the use, without accordion doors or other window walls or roll-up doors, to contain noise from bowling alleys, any bars and music. 

3.     Reduce the number of bar/lounge stations and seats.

4.     Require proof that the bowling alleys will not create structural vibrational noise, or project noise onto the sidewalk and surrounding uses. 

5.     Revise the exterior facades to blend more with the nearby historic buildings, per Community Design, and Historic Preservation Guidelines, per the above guidelines.

Thank you for your consideration. 

Sincerely,

James Lopes           
Sandra Lakeman 

Appeal of Planning Commission approval
of 1144 Chorro Street 

Save Our Downtown
Seeking to protect and promote the historical character, design, livability and economic success of downtown San Luis Obispo.

August 31, 2015
City Council
City of San Luis Obispo
990 Palm Street, California 93401

Re:  Appeal of Planning Commission approval of 1144 Chorro Street (ARCH-1376-2015; USE-1127-2015)

Dear Mayor Marx and Council Members:

The appeal by Save Our Downtown of the Planning Commission approval of the 1144 Chorro project is scheduled to be heard on September 15, 2015.  

We have reviewed the Findings and the Conditions of Approval for the above-referenced project.  We are enclosing the Final Planning Commission Resolution and Conditions of Approval, as provided by staff, with our comments shown in bold (note isolated comment on Condition 26).  

Please consider these comments as specific rebuttals to the Decision which was made by the Planning Commission. We hope that staff will be allowed to provide a fair and flexible analysis which is neutral to that Decision and renders an impartial recommendation, which we support in favor of denying or reducing the scale and intensity of the project.  

Also attached, we have provided you with the floor plans with the specific locations of the three bars and two lounges associated with the club/theater, and the two bars and four lounges scattered within the dining and game areas, the roll-up door, and the window openings which are chief concerns.  

Sincerely, 

Appellants for Save Our Downtown:
James Lopes                  Sandra Lakeman 

Attachment:
SOD Comments on Floorplans – 1144 Chorro – Pemberton project
C: Save Our Downtown
News Media


RESOLUTION NO. PC-XXXX-15  

A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION REVIEW OF A USE PERMIT TO ESTABLISH A NEW BOWLING ALLEY,

NIGHTCLUB USE, AND RESTAURANT WITH LATE-HOUR ALCOHOL SERVICES IN THE HISTORIC DOWNTOWN COMMERCIAL ZONE, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JULY 22, 2015

(1144 CHORRO STREET, USE-1127-2015)

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 July 22, 2015, for the purpose of considering application USE-1127-2015; and

WHEREAS, notices of said public hearing were made at the time and in the manner required by law; 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.

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 Commission makes the following findings:

1.         As conditioned, the use will not harm the general health, safety, and welfare of people living or working in the vicinity because conditions on the Use Permit approval will minimize noise impacts as well as impacts to police resources and the community.

SAVE OUR DOWNTOWN COMMENTS (in bold Arial throughout): 

More bars and alcohol outlets will harm the general health, safety, and welfare of people living or working in (and/or visiting) the vicinity. 

a.     Bar related crimes in the Downtown District are going up. Most recently a June 6, 2015 Tribune article titled “Reports of Rape, Assaults in SLO for 2014 Were Highest In the Last Decade” reported the following: “Recently released statistics (see below) reveal that San Luis Obispo city police received more reports of rape in 2014 than any year in a decade, and almost three times the rate for cities of similar size.” In 2014, there were 44 reported rapes and 168 aggravated assaults. Since 2010, the number of assaults more than doubled.

b.    Recently, the Alcohol and Beverage Control identified an “undue concentration” of alcohol outlets (63 in all) or which 11 were bars.

c.     The Center for Disease Control (CDC) has determined that there is a direct correlation between increasing crime and the increasing concentration of alcohol outlets. 

d.    Try googling “Neighborhood Scout” on your browser and you will discover that 91 per cent of all cities in the U.S. are safer than San Luis Obispo. With a national median of 39.3 crimes per square mile per annum, San Luis Obispo has 173 crimes per square mile per annum. 

e.    In a study of various California counties, a 10% increase in numbers of liquor stores and bars correlated with 1.67% and 2.06% increases in violence rates. Every six outlets accounted for one additional assault that resulted in at least one overnight hospital stay. Researchers estimated that, on average, eliminating one bar per zip code in California would reduce the number of assaults requiring overnight hospitalization by 290 per year in the state.

Crime has increased as the number of bars and restaurant/bars has increased in downtown.  The health, safety and welfare of residents and visitors will be threatened or impacted by crime which is engaged in by patrons upon arriving, occupying or leaving the use.  Crime is a component of the presence and number of alcohol outlets in downtown.  Crime may be petty graffiti or other vandalism, or it may be assault and battery on innocent people.  It may be assault within fights which emanate from the use and go outside. 

The importance of this issue to the citizens of San Luis Obispo is reconfirmed by the results of two recent polls. A 2011 Fairbank, Maslin, Maullin, Metz & Associates public opinion poll found that 60% of residents consider “alcohol-related crimes and problems “very serious” or “somewhat serious”. In 2012, a utility bill survey found that 59% of the 2,200 respondents sought fewer bars in Downtown SLO.

The health and welfare of residents who live and circulate near the use will be impacted and eroded by continuous and sudden noises from crowds of loud people, interior operational noise and amplified recorded and live noise.  Particular sensitivity to the uses’ noise will occur at the Wineman Hotel, which is a large-scale apartment building within one-half block of the use.  The Wineman does not have contemporary windows, which were not provided when it was converted to residences.  The single-pane, double-hung windows do not shield noise effectively, and they must be opened for ventilation in and out of apartments.  Residents are exposed to exterior noise at all times, day and night.  The development of future residential units in the vicinity will be suppressed by the noisy presence of the use, or made difficult structurally and compromise livability.  

1.     Conditions no. 5 and 6 rely on diligent self-enforcement and reporting to the City staff to maintain consistency with general noise guidelines in the Zoning Ordinance.  This approach does not provide a reliable mitigation, as it may result in inconsistent monitoring by the City as well as the applicant.  It will rely on complaints which people must take the time and courage to file. 

2.     The structural overhangs on Chorro Street (mentioned in the staff report as noise mitigation) will simply focus interior noise out and up across the street to echo off building walls.

3.     Closure of the outdoor seating area doors at 10 p.m. will be too late for effective evening noise mitigation; most residents wish to have quiet hours during the evening, which needed to be addressed, with earlier closure times such as 7 or 8 p.m. for club openings at least. 

4.     Noise from club or theater events may impact residents and pedestrians during afternoons and evenings. The Conditions do not have any restriction on the time of any club or theater event.  Events may occur at any time before the closure requirement, with no restrictions on open club entry doors, an open interior roll-up door to the club, and open restaurant/lounge doors before 10 p.m.

The health and welfare of residents and visitors who are pedestrians in the vicinity of the use will be unacceptably reduced or impacted by the interior noise and crowding of the sidewalks.  Recorded and live music and announcements will emanate from the interior to the sidewalk, interrupting and perhaps downgrading and deteriorating the experience of walking by the use.  The queuing of patrons will take up half or more of the sidewalk, which will deteriorate the open ambiance of walking on these narrow sidewalks, which already are often crowded by pedestrians.

The health, safety and welfare of residents and visitors will be reduced and deteriorated by the rowdy, loud and obnoxious behavior of a number of patrons of the use.  A percentage of patrons will engage in childish and rowdy behavior upon arriving, occupying and leaving the use.  This may be a minority of patrons, but in the context of multiple bars, lounges and the club, other impressionable patrons may have the incentive to follow their lead and engage in such behavior. 

2.         The proposed project is consistent with the General Plan, which designates the project site as Downtown Commercial (C-D). The City General Plan Land Use Element Policy 4.3, Entertainment and Cultural Facilities, states that “…Entertainment facilities, such as nightclubs [Bars/Taverns] and theaters, shall be in the downtown…”

As determined by Alcoholic Beverage Control, our Downtown Core - Census Tract 111.01 - has an “undue concentration” of alcohol outlets (63 in all) and bars (11 in all).  Both City staff and the Planning Commission provided the following finding for denial on a similar project: That approval of more bars Downtown would be inconsistent with the General Plan, Zoning Regulations and applicable City policy.  

1.     When SLO City staff and the SLO Planning Commission denied, in January 8, 2014, a bar/tavern/nightclub use permit at 1060 Osos Street (formerly called “Eye Candy” and with a proposed maximum occupancy of 360), staff’s rationale was as follows: “A new bar/tavern, the 64th license downtown compounds the state of over concentration and thwarts the City’s recent progress in controlling the downtown alcohol environment.” 

2.     The Planning Commission based their 1060 Osos Street findings on inconsistency with the General Plan, Zoning Regulations and applicable City policy. 

3.     During this review, Commissioners Multari, Draze, Fowler and Stevenson worried about the number of alcohol licenses downtown. Commissioner Multari incorporated an additional finding for denial in that there are already 11 bars and pubs located in the Downtown. 

4.     Finally, Deputy Director Davidson informed the Commission that the ABC had imposed a provision of a maximum of 2 nightclub events per month and Commissioner Multari supported this limitation.

The Decision, by Staff and Planning Commission, ignored or did not address and attend to the following Land Use Element policies that affect the size, design, and uses of the project: 

 “3.2.1. Locations for Regional Attractions

The City should focus its retailing with regional draw in the locations of downtown,. . . “

“3.2.2. Specialty Store Locations

The City shall direct most specialty retail stores to locate in the Downtown Core,. . .”

“4.1. Downtown’s Role

Downtown is the community’s urban center serving as the cultural, social, entertainment, and political center of the City for its residents, as well as home for those who live in its historic neighborhoods. The City wants its urban core to be economically healthy, and realizes that private and public investments in the Downtown support each other. Downtown should also provide a wide variety of professional and government services, serving the region as well as the city. The commercial core is a preferred location for retail uses that are suitable for pedestrian access, off-site parking, and compact building spaces. Civic, cultural and commercial portions of Downtown should be a major tourist destination. Downtown's visitor appeal should be based on natural, historical, and cultural features, retail services, entertainment and numerous and varied visitor accommodations. (emphasis added)”

“4.2. Downtown Residential

Downtown is not only a commercial district, but also a neighborhood. Its residential uses contribute to the character of the area, allow a 24-hour presence which enhances security and help the balance between jobs and housing in the community. (emphasis added)”

“4.2.1. Existing and New Dwellings

The City shall use the following when evaluating development in the Downtown area:

A. Existing residential uses within and around the commercial core should be protected, and new ones

should be developed.

B. Dwellings should be provided for a variety of households.

C. Dwellings should be interspersed with commercial uses.

D. All new, large commercial projects should include residential uses. . .”

The Decision did not address and implement the above Plan policies, that the Downtown is a “preferred location for retail uses;” that Downtown is “not only a commercial district, but also a neighborhood” where “existing residential uses within and around the commercial core should be protected.”  The Conditions of Approval are clearly not adequate “mitigation measures” to minimize the project’s social, economic and livability impacts in the vicinity.    

“4.7. 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. (emphasis added)”.

The Decision did not seek to minimize the scale of the project along essentially a half block, and the number of bar/tavern uses within the project, and in doing so did not address this important policy:  “The 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.”  This policy clearly states that the scale of bars and taverns at the street level should be minimized in favor of larger scale retail and specialty shops and food services.

“4.8. 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. (emphasis added)”

The Decision did not address the physical size, scale and intensity and the number of bars, lounges, club size, and their design and operation through open doors and windows, in regard to making Downtown “a pleasant and safe place at all times.“

a.     Recorded music and live club music will be transmitted to the street and neighborhood all day and evening until 10 p.m. through open doors and windows.

b.    No restriction was placed on the closing of the club doors, at the entry or the interior roll-up door.

c.     A bar lounge area was allowed to be located at the sidewalk in a 24-foot long opening.

A queuing line area on the public sidewalk was allowed to replace the public travel way although several mitigation measures were adopted which were admittedly questionable and subject to operational review, even with a possible requirement to construct additional sidewalk width.

“4.18. Noise

Obtrusive sounds, including traffic noises and loud music, should be minimized. Desired activities which are noisy should be timed to avoid conflict with other desired activities which need a quiet setting. (emphasis added)”

The Decision did not minimize noise in the physical size and design of the project but instead relied on operational (people) activity to control the volume and duration of noise.  They did not interpret LUE policy 4.18-Noise correctly, that is, to minimize noise would mean to keep noise to levels that allow more sensitive residential and families’ pedestrian travel to occur unintruded. Instead, they allowed interior noise to emanate outside and only be subject to “reasonable efforts” by the applicant’s staff, and on public complaints to the Police Department. In doing so, they did not adequately address the timing of potential noisy behavior and music, etc. by requiring only that doors be closed by 10 p.m.  This limitation did not address the common practice of loud recorded music, public address announcements and loud live club music and chatter during all other hours.

“4.20.3. Continuous Storefront

There should be a continuous storefront along sidewalks, at the back of the sidewalk, except for the Courthouse and City Hall blocks, plazas, recessed building entries, and sidewalk cafes. (emphasis added)”

The Decision did not control the size and design of the project to be a use which has a continuous storefront along the sidewalks. 

“4.23. Safety and Crime Prevention through Environmental Design

The City shall ensure that new development is designed and constructed to address public safety and welfare. (emphasis added)”

The Decision did not ensure that the project is designed and constructed to address public safety and welfare. Instead, they relied on operations and people to manage the behavior and noise of staff and patrons within and outside the project. 

“4.32. Use Permit Requirements

The City shall incorporate into its zoning regulations specific criteria for evaluating use permits for

bars/taverns, night clubs and late night drinking establishments. (emphasis added)”

The Decision did not reflect on and determine whether the timing of the project will undermine or detract from the Plan’s program policy 4.32. Use Permit Requirements to adopt (incorporate) specific criteria for evaluating bars/taverns, night clubs and drinking establishments.

 “4.29. Coordination on Late Night Environment

The City shall work with the Downtown businesses and residents, the BID, and Chamber of Commerce to

manage impacts from downtown drinking establishments, and if necessary, enact additional regulations to  ensure that the late night environment in and near Downtown is safe and pleasant. (emphasis added)”

The Decision did not address or discuss whether these called-for additional regulations should be considered thoroughly and adopted before approving the project.

3.         As conditioned, the project is consistent with the 2012 Alcohol Outlet Amendment to restrict morphing of restaurants into bars, and reduce public safety problems associated with alcohol in the downtown.

Rebuttal:

This finding only addresses the one restaurant that can morph into a bar (bar license 47). However, this finding does not address the public safety problems associated with the five additional bars or lounges oriented to the concert venue ((bar licenses 40, 42 and 48).

The staff and Planning Commission required only that food be offered for sale while alcohol will be served until 12 midnight.  The decision allowed two bars and four lounges (including a karaoke room) to accompany this food service in a constellation which was not made in the spirit of the 2012 amendment.  The three bars and two lounges associated with the proposed club were not limited by the Decision.  The recognition of the entire restaurant as a bar (there are no restrictions requiring food with drinks at dining tables) will not reduce public safety problems associated with alcohol downtown; it will increase these problems. 

This increase in the number of bars (with or without food) will deteriorate bordering land uses and create special problems for the area.  San Luis Obispo downtown already has an over-concentration of bars, with or without restaurants.  The addition of this high-volume alcohol use within this over-concentrated area is grounds for denying or reducing the scale of the project dramatically.

4.         The proposed project is consistent with 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).

The Decision disregarded an equally important Land Use Element policy:

“4.7. Street-Level Diversity

The 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. (emphasis added)”

The project is not consistent with the policy due to its length of almost a block of frontage, which will dominate the pedestrian experience along Chorro and Marsh Streets, contrary to having a “healthy mix of street-level businesses” other than bars and taverns.  This policy means that to achieve this mix, smaller scale frontages than the project should be built or redeveloped, which are shorter in sidewalk length.  The project was not required to reduce its size and length to include other conforming uses to be consistent with this policy.    

5.         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, and bars.   Conditions of approval have been adopted to minimize potential disturbances to neighboring properties.

As stated elsewhere, the project is not compatible with the mixed-use residential character of the block and potential other residential uses in the vicinity (which it will dampen).  It is too large and long along its site and frontage to comply with the above LUE policies.  It was not regulated adequately to even control loud patrons, amplified and live noise from the bars, lounges, club and recreation areas during hours before 10 and 11 p.m.

This project is not compatible with existing uses in the vicinity: 

a.     On July 22, 2015 the Planning Commission approved a use permit for a restaurant, five bars and six scattered lounges, a 393-person dance club/theater and a 13-lane bowling alley, and a pool table “gaming” area at 1144 Chorro Street immediately adjacent to the Wineman Hotel residential block. 

b.    Even by Alcoholic Beverage Control’s somewhat lax standards, this project is not compatible with its neighborhood.

c.     Noise generated by the 174 foot long patron queue will undoubtedly disturb residents of the Wineman Hotel, particularly late at night.  The noise analysis only addresses noise generated by patrons awaiting entrance but does not address noise generated by subsequently inebriated patrons exiting the entrance later at night. And finally, the noise emitted by patrons entering the facility (57-60 dBA) is compared with traffic noise along Chorro and Marsh (68 dBA) but this analysis does not take into consideration the significantly lower decibel range emitted by traffic late at night when inebriated patrons are exiting the facility. Finally, it is highly speculative whether an overhang can deflect noise downward.  

6.         Since the project generates over 100 peak hour trips, the transportation division required a traffic analysis. The traffic analysis concluded that the project will not create significant transportation impacts, however, project conditions are recommended in order  to implement the City Circulation Element policies and programs for Multimodal Circulation (CE 6).

Section 2. Environmental Review. The project is categorically exempt under Class 32, In- Fill Development Projects; Section 15332 of the CEQA Guidelines, because the project is consistent with General Plan policies for the land use designation and is consistent with the applicable zoning designation and regulations. The project site occurs on a property of no more than five acres substantially surrounded by urban uses that has no value as habitat for endangered, rare or threatened species as the site is located on an existing developed property. The approval of the project would not result in any significant effects relating to;

·      traffic because the project does not propose any parking on the site and utilizes existing parking structures and multimodal transportation within the downtown;

·      noise levels do not exceed thresholds established in the City’s Noise Ordinance;

·      air quality does not exceed thresholds established by APCD Standards;

·      water quality because the site is an adaptive reuse of a commercial building and the site can be adequately served by all required utilities and public services.

Section 3. Action. The Planning Commission does hereby approve Use Permit USE- 1127-2015 subject to the following conditions:

Planning Division

1.         A building plan check submittal that is in full conformance with submitted project plans and project description, security plan, and incorporating the following conditions of approval, shall be submitted for review and approval of the Community Development Director. A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all conditions of project approval. Reference shall be made in the margin of listed items as to where in plans requirements are addressed 

2.         The applicant shall pay Parking In-Lieu Fees and record a Parking In-Lieu Fee Agreement prior to issuance of a building permit or with the approval of the Director prior to occupancy. Preliminary estimates indicate that the project will be subject to in-lieu fees for 16 parking spaces.

Save Our Downtown recognizes the importance of tabulating the number of garage parking spaces that have been allocated to downtown uses.  The staff and Planning Commission did not evaluate whether the additional allocation of 16 spaces will exceed the current allocations in relation to the garage capacity.  The project may actually be paying for parking spaces in another garage, the planned Palm/Nipomo, which is at the far end of downtown.  Experts in pedestrian travel recognize that the distance between that garage and the project would discourage its use – it is too far away for most pedestrians using the project. 

The decision to approve the project did not compare the number of 100 peak hour trips with the recommendation to only require 16 parking spaces or in-lieu fees.  It appears that many more trips (50 to the site) will occur at peak hours.  No explanation was found for this apparent discrepancy.  

3.         Hours of operation for the proposed use shall not be outside the hours from 10:00 a.m. to 12:00 a.m. (midnight), daily.

a.     The outdoor patio seating area shall be closed to patrons no later than 11:00 p.m., nightly.

This condition actually is meant to close patio service to additional patrons after 11 p.m.  It allows full use of the outdoor patio areas by existing patrons already seated before 11 p.m. to midnight.  Outdoor use of the patio should conclude with the closure time of the windows and doors, which we recommend be 7 or 8 p.m..  

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 each level of the proposed use.

This condition is an accommodation of late bar service within the large restaurant area, and thereby allows an additional large-scale bar outlet in downtown, under cover of available food service.  The condition is not a realistic response to the “morphing” of restaurants into bars, which was supposed to be addressed through a restriction on late hours for alcohol-serving restaurants, but was not.  It does not require patrons to order food with their drinks, or that any seat is a food-only seat.  The condition is not the outcome which was intended by the policy to solve the problem. 

5.         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 no later than 10:00 p.m., nightly.

This condition is too light a regulation of operations:  it allows the applicant’s staff to make “reasonable efforts” to ensure that all windows and doors are closed by 10 p.m.  The effective result will be some part-time staff may or may not have time or pay attention to this task, among other needs “to minimize the potential for adverse noise and crowd impacts.”  The condition is an attempt to “shoe-horn” the project into downtown without properly controlling its size and design, as called for in the Land Use Element. If anything, the condition should simply read:  “The applicant shall make reasonable efforts to minimize noise and crowd impacts…”

The timing of the desired closure is too late to implement Land Use Element policies effectively.  Many rock and other club performances will start before 10 p.m.  Crowd and amplified noise within the project will also intrude on the street and neighborhood much earlier (witness other bars with open windows downtown).

The condition should also require that the roll-up doors be closed during any club/theater performance.  Apparently the door is justified by the applicant only to carry large items into the club. It will allow noise to transmit outside if left open during performances. 

The condition should also require that the club/theater entry doors be closed before and during any performance, and opened only to allow individual patrons entry or exit.  There is no requirement that these entry doors be closed.   

6.         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. The security plan shall include a plan to determine compliance with the City Noise Ordinance during and at the conclusion of a musical event, to the satisfaction of the Community Development Department and Police Department.

7.         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 that is to be provided to all staff.

8.         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).

9.         The maximum occupant load for the basement area shall not exceed 92 persons.

10.      Prior to release of occupancy, as a supplement to the security plan, 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.

a.     The security plan shall include a detailed explanation of how maximum occupant load limits will be maintained.

b.     The security plan shall include a detailed explanation of how concert patrons will exit the building to Chorro Street at the conclusion of a musical event.

11.      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.

12.      All employees shall attend ABC LEAD Training or equivalent training.

13.      The applicant shall be responsible for on-going security/safety training to accommodate changes in personnel.

14.      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 areas of patron queuing and the adjacent public right-of-way.

15.      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. Breaks in the queuing line will be required where street trees are located along Marsh Street in order to maintain adequate sidewalk width. The patron queue shall be from the Chorro Street main entrance, northerly on the subject property, and adjacent to the existing building (the area shown as “queuing line” on the project plans). This queue shall not block egress from the restaurant or the patio seating area exit.

a.     The security plan shall include a detailed explanation of how the queuing line will function where breaks are required. Officers shall be posted to ensure entrances and exits are clear for access and adequate clearance is maintained where sidewalk furniture, street trees, or other obstructions are located, to the satisfaction of the Community Development Director.

b.     If the queuing proves to be ineffective in managing the lines, action shall be taken to improve the line queuing. Actions may include but are not limited to utilizing the outdoor lounge area and outdoor dining areas for queuing or widening the sidewalk to provide higher levels of pedestrian service along Marsh Street, to the satisfaction of the Community Development Director.

16.      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.

17.      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).

18.      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.

19.      Tables and chairs, and the general floor plan layout shall remain consistent with approved plans and may not be removed or modified for special events unless approved by the Director in advance or if approved by separate permit.

20.      This Use Permit shall be reviewed at a Planning Commission 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 Use Permit, or of City ordinances or regulations applicable to the property or the operation of the business, has occurred. At the time of the Use Permit review, to insure on-going compatibility of the uses on the project site, conditions of approval may be added, deleted, modified, or the Use Permit may be revoked.

21.      Upon a significant change to the business as identified in the applicant’s project description, final security plan, and Staff Report dated July 22, 2015 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.

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."

Engineering Division

23.      Projects involving the substantial remodel of existing structures requires that complete frontage improvements be installed or that existing improvements be upgraded per city standard. MC 12.16.050 

24.      This property is located in the Mission Style Sidewalk District. Any section of damage or displaced sidewalk, curb, gutter, or driveway approach shall be repaired and replaced in the Mission Style. Any proposed new or removed tree wells shall be in compliance with the mission style sidewalk district.

25.      The building plan submittal shall show all existing and proposed work within the public right-of-way. The building plan submittal shall show and note the required floor level at all existing and new doorways/landings per ADA and California Building Code requirements. The plans shall include a detailed topographic survey to show the finish floor elevations and adjoining sidewalk elevations. The City is in support of the potential use of the public sidewalk to help provide the required level landings. The curb height could be raised to help elevate the sidewalk to better match the building FF elevations.

26.      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 primary queuing area shall be from the Chorro Street entrance/ticket counter south-easterly down Chorro Street and northerly along Marsh Street. Unless otherwise approved to the satisfaction Community Development Director, the queuing line shall generally be located within the private property and not within the public right-of-way/public sidewalk areas. The on-site queue line and delineation shall be subject to any accessibility provisions of the California Building Code and ADA requirements. If approved for location within the public sidewalk, queuing shall be located against the building facades and away from the curb line and adjoining travel lane. The queue delineation shall generally maintain a 6’ of remaining clear area for public pedestrian passage. This required clear area may be reduced to not less than 4’ where sidewalk furniture, trees, or other obstructions will not reasonably allow for a 6’ clear path. The queue shall not block any entry/exit of operating businesses and shall have the appropriate gaps to allow pedestrians to circulate across the line unobstructed.

Save Our Downtown recommends that an internal queuing area be provided instead of other uses within the project.  The remainder area of 6 feet for pedestrians is not acceptable for a pleasant downtown experience at this high-volume corner.  It will actually make pedestrian travel uncomfortable for pedestrians.  Within a high-volume sidewalk, an 11-foot is recommended by experts for adequate two-way travel.  Since most downtown sidewalks are less than this width, the discomfort and awkward movements which are necessary to pass others by is apparent.  A six-foot width will be inexcusable in this location; a four-foot width will be intolerable along a crowd waiting to enter the club.  

27.      Improvements located within the public right-of-way or easement areas shall be shown on the building plan submittal for reference. A separate encroachment permit will be required from the Public Works Department for any work or construction staging located within the public right-of-way or public easement areas.

28.      The building plan submittal shall show improvements or upgrades to the existing street tree wells to improve pedestrian circulation around the street trees. Options to improve the tree wells include but are not limited to backfilling the tree well with decomposed granite or another approved material, or installing a tree well grate.

29.      The building plan submittal shall include a complete site utility plan. All existing and proposed utilities along with utility company meters shall be shown. Existing underground services shall be shown along with any proposed alterations or upgrades. All work in the public right-of-way shall be shown or noted.

30.      The building plan submittal shall show all required short-term and long-term bicycle parking per M.C. Section 17.16, Table 6.5, and in accordance with standards contained in the 2013 Bicycle Transportation Plan, 2010 Community Design Guidelines, and  any project specific conditions to the satisfaction of the Community Development Director. Include details and detail references on the plans for the proposed bicycle parking facilities and/or racks. The building plans shall provide a detailed site plan of any racks. Show all dimensions and clearances to obstructions per city standard. The project summary shall include the required and proposed bicycle parking accordingly:

a.     Short-term bicycle racks of the inverted “U” design or “Peak Racks” shall be installed in close proximity to, and visible from the main entry into the building. Dimension the minimum clearances between racks shall be per city standards/adopted guidelines.

b.     Long-term bicycle parking may consist of lockers installed either within or outside the building. As an alternative, a lockable room within the building(s) labeled and reserved for bicycle storage may substitute for bicycle lockers. Provide details and specs for bicycle lockers to the satisfaction of the Planning Division.

31.       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. Ownership boundaries and/or easements shall be considered in the final design. Any common storage areas shall be maintained by a Property Owner’s Association or other property maintenance agreement. The applicant shall provide a copy of any existing, amended, or new agreement regarding solid waste management within the off-site alley/containment area.

32.      This property is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, any new or substantially remodeled structures shall comply with all Federal Emergency Management Agency (FEMA) requirements and the city’s Floodplain Management Regulations per Municipal Code Chapter 17.84.

33.      This property is located in an AO (2’ depth) Flood Zone; the water surface or base flood elevation (BFE) of a 100-yr storm is 2' above adjacent grade. If considered a substantial remodel upon building plan submittal, then the structure must floodproofed to an elevation that is at least one foot above the BFE or 3’ above the highest adjacent grade. Additional freeboard to 2’ above the BFE may result in additional structure protection and savings on flood insurance and is strongly encouraged. This project appears to meet the FEMA definitions of a substantial remodel.

34.      The building plan submittal shall show all existing and proposed floodproofing, floodgate storage areas, utility protections, etc. The building plan submittal shall include a reduced floor plan showing and noting the location and type of floodgates and the labeled floodgate storage area/room. The plan will be forwarded to the Fire Department for inclusion in their records for recurring fire inspections.

35.      The building plan submittal shall show the required street trees. Street trees are required at a rate of one 15-gallon street tree for each 35 linear feet of frontage. The City Arborist shall approve the tree species and planting requirements. Street tree plantings shall comply with City Engineering Standards for this Downtown location.

36.      Tree protection measures shall be implemented to the satisfaction of the City Arborist. The City Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. The City Arborist  shall approve any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A city-approved arborist shall complete safety pruning. Any required tree protection measures shall be shown or noted on the building plans.

Building Department

37.      The following information is required for all Commercial Developments or Redevelopments:

a.     Use and Occupancy Classifications, CBC Chapter 3

b.     Building Areas, CBC Chapter 5

c.     Type of Construction, CBC Chapter 6

d.     Means of Egress, Chapter 10

e.     Accessibility, Chapter 11B

38.      All applications for assembly occupancies are required to be prepared under the direct supervision of a Licensed Design Professional. Plans are required to be stamped signed by the Responsible Design Professional.

39.      Provide required Special Use and Occupancy provisions for the Stage, CBC 410. No fewer than one exit shall be provided on each side of the stage. CBC 410.6 and 1015.1 Mezzanines shall comply with CBC Section 505.2.

40.      Patio Dining Areas shall egress directly to the public way sidewalk, not reentering the building, CBC 1020.1. Gates shall swing in the direction of egress, not onto the sidewalk and shall be accessible.

41.      Provide at least one accessible route to the Stage from the Green Room and to the VIP seating on the second floor. CBC 11B-206.2.4

The applicant shall, to the satisfaction of the Community Development Director and City Attorney, provide legally recorded documentation that the applicant has the right to use the property outlined in the proposed egress system serving the Event Space and Basement Assembly.

Transportation Department

42.      Prior to issuance of building permit the applicant shall complete the measures identified in the final transportation study, to the approval of the Public Works Director. These measures may include, but are not limited to;

a.     Relocate of event queuing area out of the public right of way or modify sidewalk to accommodate width for 8’ clear passage around queue area.

b.     Where building façade or sidewalk modifications are being constructed maintain a sidewalk clear passage width of 8’. This may include setting building façade modifications further back with pedestrian easements and/or reinstalling modified sidewalk back at a wider cross section.

c.     Pay parking in-lieu fees based on parking demand forecasted in transportation study.

d.     “Band bus” will be allowed short term loading/unloading per existing parking regulations, longer term parking will need to be done in another location were permitted.

e.     ADA audible / vibro tactile pedestrian push button shall be installed at Chorro & Marsh and Chorro & Higuera.

f.      Bicycle parking shall be provided per city code.

g.     Sidewalk dining permits, if proposed, shall honor an 8’ clear area.

h.     Sidewalk reconstruction shall be completed following City Engineering Standards for downtown pedestrian level lighting master plan, mission style sidewalk, and tree grate standards.

i.      Roadway lane reconfigurations and signal re-timing.

Fire Department

43.      Update Security Plan to include a section on Occupant Load control.

Utilities Department

44.      As the project includes food preparations, a grease interceptor shall be provided with the design as well as an area inside to wash floor mats, equipment, and trash cans that is drained to the sanitary sewer.

45.      Consistent with the City’s Solid Waste Enclosure Standards, please include size, capacity, and location of the solid waste enclosures to serve the project. Applicant will need to contact the General Manager of San Luis Garbage Company (SLG) at 805-543-0875, and obtain in writing that the proposed enclosures and collection method meets the SLG requirements.

46.      The property’s existing sewer lateral to the point of connection at the City main must pass a video inspection, including repair or replacement, as part of the project. The CCTV inspection shall be submitted during the Building Permit Review Process for review and approval by the Utilities Department prior to issuance of a Building Permit.

On motion by          , seconded by          , and on the following roll call vote:
AYES: NOES: REFRAIN: ABSENT:
The foregoing resolution was passed and adopted this 22nd day of July, 2015.
Doug Davidson, Secretary Planning Commission