REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento

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1 REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento 915 I Street, Sacramento, CA www. CityofSacramento.org 10 To: Members of the Planning and Design Commission PUBLIC HEARING November 20, 2014 Subject: Bottle and Barlow (P14-035) A request to establish a 3,428 square foot bar on 0.89 acres in the Residential Mixed Use (RMX-SPD) zone and located in the R Street Corridor Special Planning District. A. Environmental Determination: Exempt (CEQA Guidelines Section 15332, Infill); and B. Conditional Use Permit to establish a 3,428 square foot bar in the Residential Mixed-Use (RMX-SPD) Zone. Location/Council District: 1120 R Street, Sacramento, CA Assessor s Parcel Number: Council District 4 Recommendation: Staff recommends the Commission approve the request based on the findings and subject to the conditions listed in Attachment 1. The Commission has final approval authority over items A and B above, and its decision is appealable to City Council. Contact: Antonio Ablog, Associate Planner, (916) Evan Compton, Senior Planner, (916) Applicant: Kimio Bazett, Bottle and Barlow, 1630 S Street, Ste. B, Sacramento, CA, Owner: Ali Youssefi, th Street, Ste. 701, Sacramento, CA

2 Figure 1: 1. Land Use Map 2

3 Subject: Bottle and Barlow (P14-035) November 20, 2014 Summary: Bottle and Barlow is proposed as a full service bar with an attached barbershop located on the ground floor of the mixed-use Warehouse Artist Lofts (WAL) project under construction at the southwest corner of R and 12th Streets. Bottle and Barlow will occupy approximately 3,428 square feet of the new building and will feature an outdoor patio along the north elevation of the building. A Conditional use Permit is required to establish the Bottle and Barlow project. 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 (RMX-SPD) Special Planning District: R Street Corridor Existing use of site: Mixed-Use Residential (under construction) Property area: 0.89 acres Background and Entitlement History: The WAL project is currently under construction on the subject site (Figure 2). This project includes the rehabilitation of the Lawrence Warehouse, a six-story historic building dating back to 1914, and the construction of a new six-story mixed-use building. The WAL project will provide 116 new rental housing units aimed at those involved in artistic or literary activities. The WAL project is being developed as a Capitol Are Development Authority (C) project. C is a joint powers authority between the State of California and the City of Sacramento that manages the disposition and development of state-owned properties in the capitol area. As a C development, the WAL project was exempt from processing and design review approval. However, the Bottle and Barlow use will require the approval of a Conditional Use Permit to establish a bar. Figure 2. WAL Project Site 3

4 Public/Neighborhood Outreach and Comments: A public hearing notice was sent to property owners within 300 feet and neighborhood associations including the Sacramento Old City Association, the Capitol Area R Street Corridor Association, the Richmond Grove Neighborhood Association, and the Southside Park Neighborhood Association. The site was also posted more than 10 days in advance of the public hearing. As of the writing of this report, staff has not received any comment on the project. Environmental Considerations: The Community Development Department, Environmental Planning Services Division has reviewed this project and determined that this is exempt from the provisions of the California Environmental Quality Act (CEQA) Section 15332, Infill as follows: a. The project is consistent with the Urban Corridor High General Plan designation and policies and Residential Mixed Use zoning designation; b. Occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; c. Approval would not result in any significant effects relating to noise, traffic, air or water quality; d. The project has no habitat value for endangered, rare, or threatened species; and e. The project can be adequately served by all required utilities and public services. Policy Considerations: The subject site is designated as Urban Corridor High on the General Plan Land Use and Urban Form Diagram. The Urban Corridor High designation provides for a mix of horizontal and vertical mixed use development with street level frontages lined with retail and other pedestrian oriented uses. Bottle and Barlow is consistent with the General Plan designation. Additionally, the proposed project is consistent with the following General Plan Policies: 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. Policy LU Corridor Uses. The City shall encourage residential, mixed-use, retail, service commercial, and other pedestrian- oriented development along mixed-use corridors to orient to the front of properties with entries and stoops fronting the street. Policy LU Conversion to Residential. The City shall support proposals to convert nonresidential properties along mixed-use corridors, between major intersections, to residential or mixed-use residential uses. 4

5 Policy CC.SPD 1.6 R Street Extended Hours. The City shall create an appropriate mix of residential and non-residential uses within the Corridor, with an emphasis on new housing to serve projected Central City employment growth and support a vibrant 18- hour downtown environment. Land Use The subject site is zoned Residential Mixed-Use (RMX) and is located in the R-Street Special Planning District. A Bar is allowed in the RMX zone with the issuance of a Conditional Use Permit. The R-Street Special Planning District (SPD) establishes development standards to implement the goals and policies of the Sacramento Central City Community Plan, more specifically, those goals and policies related to the R-Street Corridor. The SPD defers to the base zoning for uses in the RMX zone but lists a number of development standards for new developments. These development standards will not apply as the proposed project involves improvements to an existing structure. Bottle and Barlow is proposing to operate a 3,428 square foot bar with an attached barber shop and outdoor patio on the ground floor of a residential mixed-use building currently under construction. The bar area will occupy approximately 2,500 square feet of the commercial space, the barber shop will occupy approximately 900 square feet, and the outdoor patio will be approximately 1,000 square feet. The bar hours will be Monday through Friday 3:00 p.m. to 2:00 a.m. and Saturdays and Sundays from 12:00 p.m. to 2:00 a.m. The barber shop will be open seven days a week from 10:00 a.m. to 8:00 p.m. The proposed bar will be a large open area with a single bar service area, a food prep area, an office, and mezzanine seating behind the bar. The bar will not serve its own food and the food prep area will mainly be used to prepare ingredients for various drinks and cocktails. Similar to other uses along the R Street corridor, Bottle and Barlow proposes a fenced outdoor seating area. The barber area will have its own entrance at the western end of the commercial space that is accessed through the outdoor patio. For sanitary purposes, the bar and the barber area will be physically separated by a large glass wall, but the two spaces will share the same restroom facilities. The barber area will accommodate six barber s chairs, small reception/waiting area, and a wash area. Patrons of the bar will be able to bring alcoholic beverages into the barber area; therefore the barber shop will be restricted to customers 21 and over. The proposed patio will be within the R Street public right-of-way, but will leave enough room for an eight foot sidewalk. The patio will feature fixed and moveable seating, tables, and outdoor heaters. The outdoor seating area will be reviewed through a separate process requiring approval of an encroachment permit through the Department of Public Works. The encroachment permit is an administrative permit which allows the use to place furniture and fencing within the public right-of-way. 5

6 Figure 3. Ground Floor Tenant Space In evaluating Conditional Use Permit proposals of this type, the Planning and Design Commission is required to make the following 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. The zoning ordinance 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 and from churches, schools, hospitals, public parks and playgrounds, childcare centers, social services and other similar uses. The surrounding properties are predominantly zoned RMX, with the properties to the north zoned General Commercial (C-2). There is a wide range of uses within a close radius of the project including office buildings, warehouse buildings, a religious facility, retail uses, restaurants, mixed-use buildings, and residential buildings. Staff believes the proposed use is compatible with the surrounding uses and consistent with those found on the R Street Corridor. Additionally, with the adoption of the 2030 General Plan, the R Street Corridor is identified as the area to locate vibrant, extended hours uses. Staff does not have any objections to the requested Conditional Use Permit. 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. 6

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8 Table of Contents: Attachment 1 Recommended Findings and Conditions.Pg. 7 Exhibit A Site Plan (Original WAL Approval)...Pg. 13 Exhibit B Floor Plan...Pg. 14 Exhibit C Elevations (Original WAL Approval)...Pg. 15 Exhibit D PCN Letter Pg. 16 8

9 Findings of Fact Attachment 1 Proposed Findings of Fact and Conditions of Approval Bottle and Barlow (P14-035) 1120 R Street A. Environmental Determination: The Community Development Department, Environmental Planning Services Division has reviewed this project and determined that this is exempt from the provisions of the California Environmental Quality Act (CEQA) Section 15332, Infill as follows: a. The project is consistent with the Urban Corridor High General Plan designation and policies and Residential Mixed Use zoning designation; b. Occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; c. Approval would not result in any significant effects relating to noise, traffic, air or water quality; d. The project has no habitat value for endangered, rare, or threatened species; and e. The project can be adequately served by all required utilities and public services. B. The Conditional Use Permit to establish a 3,428 square foot bar in the Residential Mixed-Use (RMX-SPD) Zone is approved subject to the following Findings of Fact: a. 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 R Street Corridor s mix of uses including entertainment and extended hours uses. b. 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, provided the appropriate conditions, and determined they do not oppose the project. c. The proposed use will not enlarge or encourage the development of a skid row or blighted area in that the business will add to the overall range of businesses in the area and encourage pedestrian activity. d. The proposed use will not be contrary to the General Plan which designates the site as the Urban Corridor High allowing for retail, service, office, and residential uses. 9

10 Conditions of Approval B. The Conditional Use Permit t to establish a 3,428 square foot bar in the Residential Mixed-Use (RMX-SPD) Zone is approved subject to the following conditions of approval: Planning 1. The hours of operation shall be 10:00 am to 2:00 a.m. Any requests to modify these hours shall require additional planning review and approval. 2. A sign indicating a 24-hour emergency phone number and contact person shall be kept current and posted on the building storefront as a Good Neighbor Policy measure. The contact person shall be responsible for coordinating with nearby residents to ensure there is no detrimental noise, light, or other issues that would affect the peace and welfare of the residents. 3. Any modification to the attached plans shall be subject to review and approval by Planning Department staff prior to the issuance of building permits. Building 4. All work requires a building permit and must comply with the applicable requirements of the 2013 California Code of Regulations Title 24, Part 2 (California Building Code), Part 3 (California Electrical Code), Part 4 (California Mechanical Code), Part 5 (California Plumbing Code), Part 6 (California Energy Code), Part 9 (California Fire Code), Part 10 (California Historical Building Code) and Part 11 (California Green Code). Police Lighting: 5. Exterior lighting shall be white light (e.g. metal halide, LED, fluorescent, or induction) using cut off or full cut off fixtures to limit glare and light trespass. Exterior lighting shall be maintained and operational and shall meet IESNA standards. Landscaping: 6. Any landscaping should follow the two foot six foot rule. All landscaping should be ground cover, two feet or less and lower tree canopies should be above six feet. This increases natural surveillance and eliminates hiding areas within the landscape. Tree canopies should not interfere with or block lighting. This creates shadows and areas of concealment. 7. The landscaping plan shall allow for proper illumination and visibility regarding lighting and surveillance cameras through the maturity of trees and shrubs. 10

11 Mechanical Security: 8. Business shall be equipped with a monitored burglary alarm system with private security response. 9. 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 back-up is recommended. 10. All solid core exterior doors shall be equipped with a 180 degree viewing device to screen persons before allowing entry, and shall remain locked at all times except for emergencies and deliveries. Security Cameras: 11. Recorded Video Assessment and Surveillance System (VASS) shall be employed. 12. Cameras and VASS storage shall be digital high definition or better. 13. VASS storage shall be kept off-site or in a secured area accessible only to management. 14. VASS shall support standard MPEG formats. 15. VASS shall be capable of storing no less than 30 days worth of activity. 16. Manager with access to VASS storage shall be able to respond within 30 minutes during business hours. 17. Manager shall have the ability to transfer recorded data to another medium (e.g. DVD, thumb drive, etc.). 18. VASS shall provide comprehensive coverage of: all points of sale safe manager s office areas of ingress and egress coverage of two exterior sides of the property adjacent public rights of way at least one camera shall be positioned to get a front face shot (e.g. height strip camera) 19. Cameras shall be equipped with low light capability, auto iris and auto focus. 11

12 Additional Conditions: 20. No alcoholic beverages may be sold for off-premises consumption between the hours of eleven p.m. and two a.m. 21. No public pay phones/telephones shall be allowed on the premises. 22. No coin operated games or video machines shall be allowed on the premises. 23. The applicant is responsible for reasonably controlling the conduct of persons on the site and shall immediately disperse loiterers. 24. All dumpsters shall be kept locked. 25. 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 within 72 hours of being applied. 26. The applicant shall be responsible for the daily removal of all litter from the site and adjacent rights of way. Advisory Notes: Police 1. City of Sacramento permits must be obtained for private patrol and alarm and camera systems. 12

13 13

14 ENTRY WH WH 12th Street ENTRY ENTRY POS BACK BAR R Street BOTTLE AND BARLOW 12th and R street Sacramento 14

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