REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento

Transcription

1 REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento 915 I Street, Sacramento, CA www. CityofSacramento.org 5 PUBLIC HEARING APRIL 27, 2017 To: Members of the Planning and Design Commission Subject: The Snug Bar (P17-007) A request to operate a bar within an existing building on 0.71 acres in the Residential Mixed Use (RMX-SPD) zone within the R Street Corridor Special Planning District. The City s Planning and Development Code section B requires a Conditional Use Permit for a bar in the RMX-SPD zone heard at the Planning and Design Commission level. There are no changes to the existing building or site and there are no deviations requested from the city code. A. Environmental Exemption (Per CEQA Guidelines Section 15301, Existing Facilities); and B. Conditional Use Permit to establish an 1,817 square foot bar in a vacant tenant space within an existing 15,840 square foot building on 0.71± acres in the Residential Mixed-Use (RMX-SPD) zone within R Street Corridor Special Planning District. Location/Council District: th Street, Sacramento, CA Assessor s Parcel Number Council District 4 Recommendation: Staff recommends the Planning and Design Commission approve the project based on the findings and subject to the conditions listed in Attachment 1. The Commission has the final authority over items A and B above, and its decision is appealable to City Council. Contact: Michael Hanebutt, Assistant Planner, (916) , mhanebutt@cityofsacramento.org 1

2 Evan Compton, Senior Planner, (916) , Applicant: Henry devere White, devere s Irish Pub, 1521 L Street, Sacramento, CA Owner: Jim Cordano, Cordano Company, th Street, Sacramento, CA

3 Figure 1: Vicinity Map

4 Summary: The site is currently developed with a recently renovated 15,840 square foot, single-story commercial building. The applicant is requesting to establish a 1,817 squarefoot neighborhood bar, which requires a Conditional Use Permit. At the time of writing this report, there were no outstanding issues or concerns regarding the project. Table 1: Project Information General Plan designation: Urban Corridor High Existing zoning of site: Residential Mixed Use Zone (RMX-SPD) Special Planning District: R Street Corridor Existing use of site: Commercial/Retail Property area: 0.71± acres (30,753 square feet) BACKGROUND AND ENTITLEMENT HISTORY The applicant is requesting a Conditional Use Permit (CUP) to operate a bar at th Street in the last remaining vacant space within a recently-renovated commercial building. The proposed location for The Snug shares the building with other popular businesses, including Iron Horse Tavern and Dos Coyotes. The site is located along R Street which has many entertainment, nightlife, and restaurant establishments. Public/Neighborhood Outreach and Comments An early project notification was sent to property owners and community organizations within 300 feet of the subject site in February Public notices were sent to property owners and nearby community organizations within 300 feet, which included the Richmond Grove Neighborhood Association, Capitol Area R Street Association, R Street Sacramento Partnership, SABA, and Walk Sacramento. The site was posted more than 10 days in advance of the public hearing. At the time of the writing of this report, staff had received a letter of support from the R Street Sacramento Partnership, which is included as Attachment 2. Environmental Considerations The Environmental Services Manager has determined the project is exempt from environmental review pursuant to Section (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. The project consists of approval to allow alcohol sales for onsite consumption in an existing private structure, and would involve a negligible expansion of commercial use in an existing commercial building. Policy Considerations The subject site is designated as Urban Corridor High in the General Plan Land Use and Urban Form Diagram. The Urban Corridor High designation provides for the transformation of auto oriented commercial corridors to mixed-use, pedestrian-oriented and transit friendly environments.

5 General Plan policies are provided below to demonstrate The Snug s consistency with the City s policy direction General Plan Policies: Policy LU Existing Structure Reuse. The City shall encourage the retention of existing structures and promote their adaptive reuse and renovation with green building technologies to retain the structures embodied energy, increase energy efficiency, make it more energy efficient, and limit the generation of waste. The proposed project will continue the revitalization and full reuse of the existing commercial building by making use of the last vacant space and adding an additional entertainment option to the area while complying with current Title 24 requirements. Policy LU Mixed-Use Corridors. The City shall create or improve mixed-use corridors by requiring compact development patterns that are oriented to and frame the street, establish a safe and comfortable environment for walking, and avoid encroachment upon adjacent residential areas. The project site is located along the R Street Corridor and the proposed business will contribute to the mixture of land uses. The CUP has been conditioned to maintain a compatible relationship with the nearby residential and commercial uses. Policy PHS Development Review. The City shall continue to include the Police Department in the review of development projects to adequately address crime and safety, and promote the implementation of Crime Prevention through Environmental Design principles. The Police Department reviewed the proposal and conducted a site visit. The Police Department did not identify any substantial problems with the proposed use and placed conditions of approval on the project to address potential crime and safety issues. ENTITLEMENT REVIEW Conditional Use Permit Land Use The applicant is proposing to operate the 1,817 square-foot bar to include the bar, seating areas, and restrooms. The bar area will have approximately 12 seats with various table and seating areas throughout the space. The proposed hours are 3:00 p.m. to 2:00 a.m., seven days a week. The bar will not include a kitchen and will be styled as an old world, quiet and cozy neighborhood gathering place. The applicant is also planning to operate a restaurant at 11 th and R Street, working to connect the two establishments via a reservation system which would allow customers to book tables from the Snug at the nearby restaurant

6 location in real time. The Snug and proposed restaurant/bar a few blocks away are planned to work in tandem to offer food ordering and delivery. This request requires a Planning and Design Commission Conditional Use Permit to operate a bar. In evaluating Conditional Use Permit proposals of this type, section A 1 of the Sacramento City Code requires the Planning and Design Commission to make the following findings, in addition to the standard Conditional Use Permit findings: 1. The proposed alcoholic beverage sales will not adversely affect the peace or general welfare of the surrounding neighborhood; 2. The proposed alcoholic beverage sales will not result in undue concentration of establishments dispensing alcoholic beverages; 3. The proposed alcoholic beverage sales will not enlarge or encourage the development of a skid row or blighted area; and 4. The proposed alcoholic beverage sales will not be contrary to or adversely affect any program of redevelopment or neighborhood conservation. City code section A 2 also requires the Planning and Design Commission to consider whether the proposed use will detrimentally affect nearby residentially-zoned areas, and give consideration to the distance of the proposed use from residential buildings, from churches, schools, hospitals, public parks and playgrounds, childcare centers, social services and other similar uses. There is a wide range of uses within a three-block radius of the project including singlefamily and multi-family residential, office, restaurants, commercial services and retail uses. The nearest residentially zoned property is a block south near the intersection of T and 15 th Streets where multiple properties are zoned Multi-Unit Dwelling (R-3A). There are currently residential uses in that residentially zoned area. There are also residential uses immediately to the south of the proposed bar. The nearest park is Fremont Park, located approximately one block to the north, and the currently under-construction Brooks-Truitt dog park four blocks to the east on Q Street. The nearest church is approximately a block to the south at the corner of 15 th Street and Solons Alley. Staff is unaware of any known schools, hospitals or other sensitive uses within the immediate area of the proposed bar.

7 Figure 2: Project Site Aerial The nearby vicinity of the proposed bar has a mix commercial, office, and residential uses. Located in the Central City, the project site is in an area that anticipates a level of activity that is consistent with a mixed-use community. The R Street corridor is also generally considered a nightlife and entertainment area, with many bars and local attractions along R Street. Staff does not feel the proposed project would have any detrimental effects on sensitive uses and, therefore, does not have any objections to the requested Conditional Use Permit. Additionally, given the context and consistency with Central City Community

8 Plan policy CC.SPD.1.6, which encourages an appropriate mix of residential and commercial uses to support a vibrant 18-hour downtown environment, City staff has determined that there is not an undue concentration of alcohol serving businesses in the area. The Police Department does not oppose the project and believes the conditions of approval for this project should reduce the potential for nuisance activities or law enforcement related issues that could be associated with a bar use. Alcohol Beverage Control (ABC) License The applicant is applying for a Type 48 license, which allows for on-site sale of beer, wine, and spirits for consumption and does not require food service. Minors are not allowed on the premises. The ABC website lists the proposed project site as being within census tract 20 in the city, which includes the area bounded by R Street, Broadway, 12 th Street, and 21 st Street. The B-Side bar at 1430 S Street has the only other Type 48 license within this census tract. The Police Department has also provided a letter to the Alcohol Beverage Control Agency stating that they completed an investigation and feel that Public Convenience or Necessity would be served. This letter is included as Attachment 3 of this report. Access, Circulation and Parking The Snug bar is proposed within a vacant tenant space of an existing commercial building at the southwest corner of R and 15 th Streets, with the entrance facing the existing parking lot to the west. The building was previously entitled for commercial uses and provides on-site parking which meets the minimum code requirements for the site. The general area is also served by bus and light rail stops a half block to the north. Building Design and Signage No exterior modifications or site improvements are proposed as a part of this project. The applicant has indicated the future intent to add exterior patio seating, but has not included this element in the scope of the project at this time. Any future modifications to the exterior of the building or outdoor areas must be reviewed and approved by Planning and Design Staff. No signage has been proposed at this time, and any future signage will require a sign permit. CONCLUSION Staff recommends the Planning & Design Commission approve items A and B based on the findings and subject to the conditions listed in Attachment 1. The project is: a) is consistent with the General Plan designation of Urban Corridor High and the Residential Mixed Use (RMX-SPD) zone; b) contributes to the promotion of mixed-use, pedestrian-oriented urban corridors, and; c) has been reviewed by the Police

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10 Attachment 1 Proposed Findings of Fact and Conditions of Approval The Snug th Street, Sacramento Findings Of Fact A. Environmental Determination: Based on the determination and recommendation of the City s Environmental Planning Services Manager and the oral and documentary evidence received at the hearing on the Project, the Planning and Design Commission finds that the Project is exempt from review under Section (Existing Facilities) of the California Environmental Quality Act, because it is an approval of the operation of a bar in an existing private structure, and would involve no substantial increase in use. B. The Conditional Use Permit to establish an 1,817 square-foot bar in a vacant tenant space within an existing 15,840 square foot building on 0.71± acres in the Residential Mixed-Use (RMX-SPD) zone within R Street Corridor Special Planning District, is approved subject to the following Findings of Fact and Conditions of Approval: 1. The proposed use and its operating characteristics are consistent with the general plan and any applicable specific plan or transit village plan in that the use is allowed and promoted by the General Plan and Central City Community Plan. 2. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning district in which it is located, and of all other provisions of this title and this code in that the use is allowed by the RMX zone and the R Street Corridor Special Planning District. 3. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public services and utilities in that the proposed use will be located in an existing commercial building. 4. The proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance, in that the proposed bar has been conditioned to provide on-site security, surveillance equipment, and provide an additional business to attract more pedestrians to the immediate area.

11 5. The proposed use will not adversely affect the peace or general welfare of the surrounding neighborhood in that the proposed use is consistent with the vision of the Urban Corridor High designation for a mixed-use, pedestrian friendly corridor to serve as gathering places for adjacent neighborhoods. 6. The proposed use will not result in undue concentration of establishments dispensing alcoholic beverages in that in that the Police Department has reviewed the project and conducted a site visit, and issued a letter stating the Public Convenience or Necessity is served. The proposed use is also consistent with the Central City Community Plan policy to support a vibrant 18-hour downtown environment. 7. The proposed use will not enlarge or encourage the development of a skid row or blighted area in that the business will occupy an empty commercial space and the project has been conditioned to limit the size of the tenant area within the overall building and to pick up litter surrounding the bar. 8. The proposed use will not be contrary to the General Plan which designates the site as Urban Corridor High, which allows retail, service, and office uses. Conditions of Approval B. The Conditional Use Permit to allow the operation of a bar in the Residential Mixed-Use (RMX-SPD) zone and within the R Street Corridor SPD, is approved subject to the following conditions of approval: Planning B1. The business shall conduct their operations as a Good Neighbor by: a) posting the name of an emergency contact person and phone number on the exterior of the building in the event of an emergency or to report a complaint; and b) establishing a clear process for neighboring businesses and residents to communicate directly with a business representative should there be any ongoing issues or problems to resolve. B2. The applicant shall obtain a sign permit before the fabrication or installation of any signage for the project. B3. The bar tenant space shall be limited to 1,817 square feet. Any expansion in the size of the tenant space shall require additional planning review and approval. B4. An entertainment permit shall be required for any future live music, DJ, karaoke, dancing, or similar activities. All entertainment functions shall occur within the enclosed building and comply with all city code noise ordinances.

12 B5. Any future exterior modifications to the building or site shall be reviewed and approved by Planning and Design staff. B6. Any modification to the attached plans shall be subject to review and approval by Planning Department staff prior to the issuance of building permits. Fire B7. Comply with all applicable Building and Fire Codes required for a group A- 2 occupancy. B8. Obtain an operational permit from the Sacramento Fire Department Fire Prevention Bureau to operate a Place of Assembly. Police B9. Exterior lighting shall be white light by LED using cutoff or full cutoff fixtures to limit glare and light trespass. Exterior lighting shall be maintained and operational and shall meet IESNA standards. B10. Exterior lighting shall be white light using LED lamps with full cutoff fixtures to limit glare and light trespass. Color temperature shall be between 2700K and 4100K with a color rendering index of 75 or better and a light loss factor of.95 or better. When choosing lamps, the applicant should look for efficiency of 110 lumens per watt or better. B11. Broken or damaged exterior lighting shall be repaired or replaced within 48 hours of being noted. B12. All mature landscaping shall follow the two-foot, six-foot rule. All landscaping shall be ground cover, two feet or less and lower tree canopies of mature trees shall be above six feet. This increases natural surveillance and eliminates hiding areas within the landscape. B13. Tree canopies shall not interfere with or block lighting. This creates shadows and areas of concealment. The landscaping plan shall allow for proper illumination and visibility regarding lighting and surveillance cameras through the maturity of trees and shrubs. B14. Business shall be equipped with a monitored burglary alarm system. Alarm shall be equipped with battery back-up with at least one hour of stand-by time in case of power failure. B15. UL listed central station silent robbery alarm system shall be employed at all points of sale, the manager s office, and near the safe(s). Cellular backup is recommended. Alarm shall be equipped with battery back-up with at least one hour of stand-by time in case of power failure. B16. Any fences shall be of decorative tubular steel, no climb type, or other similar transparent construction as approved during site plan and design review. B17. Recorded Video Assessment and Surveillance System (VASS) shall be employed.

13 B18. Cameras and VASS storage shall be digital high definition or better, set to high quality settings. B19. VASS storage shall be kept off-site or in a secured area accessible only to management. B20. VASS shall be equipped with a battery back-up with at least one hour of stand-by time in case of power failure. B21. VASS shall support standard MPEG formats. B22. VASS shall be capable of storing no less than 30 days worth of activity at high quality settings. B23. Manager with access to VASS storage shall be able to respond within 30 minutes during business hours. B24. Manager shall have the ability to transfer recorded data to another medium (e.g. DVD, thumb drive, etc.). B25. Cameras shall be equipped with low light capability, auto iris and auto focus. B26. VASS shall provide comprehensive coverage of: all points of sale doors (3) alcohol placement areas parking lot (from the building) bathroom entrance area B27. Applicant must comply with all laws and regulations related to the distribution of alcoholic beverages, including not selling, furnishing, giving or causing to be sold, furnished of given away, any alcoholic beverages to any habitual drunkard, or to any obviously intoxicated person. B28. All employees shall attend ABC LEAD Training within six (6) months of opening and at least once every 5 years. B29. No more than 33 percent of the square footage of the windows and clear doors shall be blocked by advertising, signs, shelves or anything else. All advertising, signs, and shelving shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. All signs shall comply with the City Code. B30. The name of the store shall be printed on all receipts. B31. No public pay phones/telephones shall be allowed on the premises. B32. No coin operated games or video machines shall be allowed on the premises.

14 B33. The applicant is responsible for reasonably controlling the conduct of persons on the site and shall immediately disperse loiterers. B34. All dumpsters shall be kept locked. B35. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over with matching paint within 72 hours of being applied. B36. The operator shall be responsible for the daily removal of all litter from the site. Sacramento County Regional Sanitation District (SRCSD) B37. Developing this property will require the payment of Regional San sewer impact fees (connection fees). Regional San sewer impact fees shall be paid prior to the issuance of building permits. For questions pertaining to Regional San sewer impact fees, please contact the Sewer Fee Quote Desk at (916) ADVISORY NOTES SRCSD 1. The City of Sacramento (City) is responsible for providing local sewer service to the proposed project site via their local sanitary sewer collection system. Regional San is responsible for the conveyance of wastewater from the City s collection system to the Sacramento Regional Wastewater Treatment Plant (SRWTP). Utilities 2. This project is served by the Combined Sewer System (CSS). Therefore, the developer/property owner will be required to pay the Combined Sewer System Development Fee prior to the issuance of building permit. The fee will be used for improvements to the CSS. The applicant is recommended to contact the Department of Utilities Development Services at for a CSS fee estimate. 3. The proposed project is located in a Zone X on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs). Accordingly, the project site lies in an area with no requirements to elevate or flood proof.

15 Exhibit A: Site Plan/Floor Plan

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18 Attachment 2: Community Comments R Street Sacramento Partnership P.O. Box Sacramento CA February 14, 2017 Michael Hanebutt Asst. Planner for Central City 300 Richards Blvd., 3 rd Floor Sacramento, CA RE: The Snug Dear Michael, On behalf of the R Street Sacramento Partnership (RSSP), I am writing to express our support for The Snug project proposed for th Street, Suite F. The RSSP is a Property and Business Improvement District (PBID) that provides programs aimed at increasing commercial activity and revitalizing the R Street corridor. These services include enhanced landscape and streetscape maintenance, advocacy, economic development, promotions and special events. The RSSP represents over 115 parcel owners and nearly 80 businesses along the 8-block stretch of the District. We have first-hand experience on the type of projects that Henry and Simon DeVere creates and we are thrilled to see them furthering their investment in Sacramento, in particular along the R Street Corridor. The RSSP is pleased to see a renewed economic interest on the properties currently proposed. Adding an intimate bar for patrons to gather will further enhance the experience within the downtown/midtown area. This plan also helps meet our goal of revitalizing once vacant and blighted properties. We appreciate the opportunity to comment and look forward to seeing this project move forward. Thank you, Michelle Smira-Brattmiller Executive Director R Street Sacramento Partnership 1

19 Attachment 3: Police PCN Letter

20 Attachment 4: General Plan Map

21 Attachment 5: Zoning Map