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HomeMy WebLinkAbout18499 DRB staff report Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 1 of 16 Application No. 18499 Type SP CUP/SUP Site Plan, Conditional Use Permit, Special Use Permit Project Name Bozeman Residence Inn Summary A Site Plan application for a 104-room, 4-story hotel with a conditional use permit for an additional 30% increase in allowable maximum building height and a special use request for retail sales and on premises consumption of alcohol. Zoning B-2 Growth Policy Community Commercial Mixed Use Parcel Size 75,901 square feet, 1.742 acres Overlay District(s) None Street Address 815 East Main Street, Bozeman MT, 59715 Legal Description Lot 13A-1, Amended Plat C-23-A29 of the Northern Pacific Addition to Bozeman Owner Bozeman Hotel Group, LLC, 1735 South 19th Avenue, Suite B, Bozeman, MT 59718 Applicant JB, LLC, 1007 East Main Street Suite 202 Bozeman, MT 59715 Representative Morrison Maierle, Inc. (attn: Kevin Jacobsen), 2880 Technology Blvd. West, Bozeman, MT 59771 Staff Planner Brian Krueger Engineer Griffin Nielsen Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 7/21/19 to 8/5/19 7/19/19 7/19/98 7/21/19 and 7/28/2019 Advisory Board Design Review Board 7/24/19 Recommendation Approval with conditions and code provisions Decision Authority City Commission Hearing Date 8/5/19 Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 18499 and move to recommend approval of the Residence Inn site plan, conditional use permit and special use permit application subject to conditions and all applicable code provisions. Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 PROJECT SUMMARY The property owner and applicant submitted an application to develop an existing underutilized site in the East Main Street corridor. The site is accessed from East Main Street and through an existing site via a shared access easement. The development proposes a site plan application for a 104-room, 4-story hotel with a conditional use permit for an additional 30% increase in allowable maximum building height and a special use request for the retail sales and on premises consumption of alcohol.. The application includes the concurrent construction of infrastructure on site. The application requests a conditional use permit to increase the maximum allowable height for this building in B-2 from the maximum allowable of 38’ with a flat roof to 54’4” with a conditional use permit. The building is proposed with a 54’1” maximum height with an allowable 4’ parapet wall above that height to screen mechanical equipment. Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 2 of 16 The application requests a special use permit for the retail sales and on premise consumption of alcohol. The application requests to utilize an all beverage license issued by the State of Montana. The subject property is zoned B-2. The site is 1.74 acres in size. The site is currently vacant. The Development Review Committee (DRC) has reviewed the application. Based on its evaluation of the application against the criteria, the DRC found the application adequate for continued review. The application is complete for design review purposes. The Design Review Board (DRB) is scheduled to review the application on July 24, 2019. The Design Review Board is the design review advisory body to the City Commission on this application. The DRB is required to make a recommendation to the City Commission on this application. UNRESOLVED ISSUES There are no unresolved issues with the application. Code provisions have been provided by the DRC. ALTERNATIVES 1. Recommend Approval of the application with the recommended conditions and report findings; 2. Recommend Approval of the application with modifications to the recommended conditions and modifications to the report findings; 3. Recommend Denial the application based on the Design Review Board’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the review on the application with the concurrence of the applicant, with specific direction to staff or the applicant to supply additional information or to address specific items. CONDITONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. If not already filed for the subject site, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a. Street improvements to East Main Street including paving, curb/gutter, sidewalk, and storm drainage b. Intersection improvements to E. Main Street and Highland Boulevard c. Intersection improvements to E. Main Street and Haggerty Lane d. Intersection improvements to E. Main Street and North Broadway The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to site plan approval. Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 3 of 16 3. A copy of the Montana Department of Revenue alcohol license for the establishment must be submitted to the Department of Community Development prior to alcohol service. 4. A copy of the City of Bozeman alcohol license for the establishment must be submitted to the Department of Community Development prior to alcohol service. 5. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.230.110.I and 38.200.030 based on substantial complaints from the public or from the Police Department regarding violations of the City of Bozeman’s open alcohol container, minor in possession of alcohol, or any other applicable law regarding consumption and/or possession of alcohol. 6. Any expansion of this use or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. CODE PROVISIONS 1. BMC.38.410.060.B.2.a. Private Utility Easements. A ten foot front setback utility easement is required along the south property line. This easement is provided and must be filed prior to site plan approval. 2. BMC 38.410.060.B.2.c. Private Utility Easements. A 10’ utility easement from the junction can to the transformer which runs east/west along the property boundary adjacent to Lot 13, Block 30 (Casino) is required by NorthWestern Energy. This easement is provided and must be filed prior to site plan approval. 3. BMC 38.410.060.C Public Utility Easements. A public water main easement must be provided for the proposed hydrant lead extension to ensure the hydrant lead is no less than 10 ft from the edge of the easement or public right-of-way. This easement is provided and must be filed prior to site plan approval. 4. BMC 38.410.060.E Other easements. A shared access agreement and grant of reciprocal easement is proposed between this property and the property adjacent and to the east known as portion of the East Main Street Master Site Plan and the Locati Building Site plan in order to provide secondary access to this site. This easement is provided and must be filed prior to site plan approval. 5. BMC 38.410.060.E Other easements. A reciprocal parking easement agreement for thirty parking spaces is proposed between this property and the property adjacent and to the east known as portion of the East Main Street Master Site Plan and the Locati Building Site plan in order to provide secondary access to this site. This easement is provided and must be filed prior to site plan approval. 6. BMC 38.410.060.E Other easements. A reciprocal refuse agreement for use of the Bozeman Inn site trash enclosure is proposed between this property and the property adjacent and to the east known as the Locati Building Site plan in order to provide trash service that was eliminated on that site in order to accommodate reciprocal access and parking. This Reciprocal Solid Waste Storage and Removal Agreement must be recorded prior to site plan approval. 7. BMC 38.410.130.A Cash in Lieu of Water Rights. The amount has been calculated and approved by Engineering. The payment must be made prior to site plan approval. Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 4 of 16 Figure 1: Vicinity Map of 815 East Main Street Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 5 of 16 Figure 2: Civil Site Plan Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 6 of 16 Figure 3: Landscape and Site Plan Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 7 of 16 Figure 4: East (top) and South (bottom) Elevations Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 8 of 16 Figure 5: West (top) and North (bottom) Elevations Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 9 of 16 ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy 38.100.040 B Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning B-2 (Community Business District) Yes Comments: The uses are allowed within the zoning district with the approval of this application, pursuant to Section 38.310 of the Bozeman Municipal Code. The property is within the City’s municipal service area and otherwise complies with the goals and objectives of the growth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified. 2. Conformance to this chapter, including the cessation of any current violations 38.200.160 Meets Code? Current Violations None Yes Comments: The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. Conformance with all other applicable laws, ordinances, and regulations 38.100.080 Meets Code? Conflicts None Yes Condominium ownership NA NA Comments: The applicant is required to process a liquor license for the proposed alcohol use through the State of Montana. A special use permit for on premise sales and consumption of alcohol is recommended for approval as the project has met all criteria. See findings under special use. Applications are reviewed and evaluated against the Bozeman Municipal Code. No conflicts with the conformance with laws, ordinances and building regulations have been identified during the project review. 4. Conformance with special review criteria for applicable permit types as specified in article 2 Meets Code? Type Site Plan Yes Comments: NA 5. Conformance with zoning provisions of article 3 38.230.100 Meets Code? Permitted uses 38.310 Hotel Yes Form and intensity standards 38.320 Yes Zoning B-2 Setbacks (feet) Structures Parking / Loading Yes Front 10 10 Rear 10 10 Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 10 of 16 Side 5 8 Alley NA NA Watercourse NA Wetland NA Block Frontage Mixed 10’ for buildings not meeting ‘storefront’ standards Yes Comments: A reciprocal parking easement agreement with adjacent property will be executed prior to final plan approval. Relationship to adjacent properties standards 38.520.030 (light and air access and privacy) and angled setback plane 38.360.030 Yes Applicable zone specific or overlay standards 38.330-340 NA Building Height B-2 Requirements 38.320.010-.060 Yes Lot coverage 35.2% Allowed 100% Height 55’4” with CUP or 38’ Allowed 38’ + 6’ grade bonus; CUP for additional Yes Comments: Building height CUP for height bonus plus grade bonus of the maximum available 6’ (definition of “Building Height” in Article 7) is recommended for approval as the project has met all criteria. See findings under conditional use. General land use standards and requirements 38.350 Yes Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: Proposed uses are permitted with the approval of the conditional use permit and special use permits. See findings below. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA NA Affordable housing plan NA Comments: No wireless facilities are proposed. No affordable housing is required for commercial projects. 6a(1). Conformance with the community design provisions of article 4: Transportation facilities and access 38.400 Meets Code? Street vision Yes Yes Secondary access Yes Traffic Impact Study / LOS NA Transportation grid adequate to serve site Yes Yes Comments: A Traffic Impact Study was required by the Engineering Division. No offsite improvements are required. A secondary drive access is available to the site through the parking lot of the adjacent property to the east. A reciprocal access easement will be recorded on the properties prior to site plan approval. Street dedication NA Yes Drive access locations and widths Yes Number of drive accesses 2 Yes Street easements NA Special Improvement Districts Yes Yes Comments: Drive access locations (Section 38.400.090.D) – a departure request from this standard has been provided and has been approved by the City Engineer. MDT has approved an encroachment permit for the access. Shared access agreement between the subject property and adjacent properties will be Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 11 of 16 recorded prior to final plan approval. A conditional of approval for an SID waiver is included to cover future transportation and stormwater improvements for this site. Parking requirements of 38.540 Required parking nonresidential 124 Yes Required parking residential NA Reductions nonresidential - and bike and shower facilities-6 space reduction NA Reductions residential 1:1 mixed use- 0 residential parking required NA Landscaping in lieu of parking 1 space Provided parking off street 95 On street parking NA Offsite parking 30 Bicycle parking 23 6a(2). Conformance with the community design provisions of article 4: Pedestrian and vehicular ingress and egress 38.400 Meets Code? Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area Yes Vehicle accesses to site 2 –East Main Street and one shared access. Yes Pedestrian access location(s) Yes Site vision triangles Yes Fire lanes, curbs, signage and striping Yes Non-automotive transportation and circulation systems, design features to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, grade differences, landscaping and lighting Yes Crosswalks Yes Curb ramps Yes Pedestrian lighting Yes Comments: The project connects to the larger city sidewalk network. Internal connections meet code requirements and are safe. Stamped asphalt will be installed to provide safer pedestrian walkways through the parking lot. 7-foot walkways are provided where parking spaces are adjacent to the walkway. There are no known obstructions to the site vision triangles. Curbing, striping and gutters on East Main Street already exist. Lighting complies with dark sky and lighting requirements. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent development and the general community Yes Access easements Yes Yes Dedication of right-of-way or easements necessary for pedestrian, shared use pathway and similar transportation facilities Yes Comments: The shared access easement will be recorded prior to site plan approval. 6a(3) Loading and Unloading areas Meets Code? Loading and unloading area requirements 38.540.080 NA Loading and unloading NA NA First Berth (min. 70 feet length, 12 feet in width and 14 feet in height) NA NA Additional Berths (min. 45 feet length) NA NA Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 12 of 16 Comments: No loading berths are required. 6b Community design and element provisions 38.410 Meets Code? Lot and block standards 38.410.040 Yes Rights of way for pedestrians alternative block delineation NA Comments: Mixed block frontage (Landscape option) Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Municipal infrastructure requirements Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights Yes Comments: Water and pipeline easements and private utility easements are provided and will be recorded prior to site plan approval. A payment for cash in lieu of water rights is required by the City and will be paid prior to site plan approval. A shared refuse agreement is provided in order to share a trash enclosure between two sites. This agreement will be recorded prior to site plan approval. Site Surface Drainage and stormwater control 38.410.080 Yes Location, design and capacity Yes Landscaping per 38.410.080.H Yes Comments: Grading and drainage plan was reviewed and approved by the Engineering Division. Grading 38.410.080 Yes Maximum 1:4 slope requirements met Yes Comments: Stormwater detention is exclusively underground. 6c. Park and recreation requirements 38.420 Meets Code? Enhancement of natural environment NA Wildlife habitat or feeding area preservation NA Maintenance of public park or public open space access NA Park/Recreational area design NA Parkland Cash-in-lieu for maximum known density not to exceed 12 units/acre (ac.). NA ___ ac. X ___ units/ac. X 0.03 ac.= _____ ac. Cash donation in-lieu NA NA Improvements in-lieu NA NA Comments: Parkland dedication is not applicable to this application. 7a-c. Conformance with the project design provisions of Article 5, Compatibility, Design and Arrangement Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration Yes Block Frontage Standards 38.510 Yes Building Design 38.530 Yes Open space 38.520.060 Yes Location and design of service areas and mechanical equipment 38.520.070 Yes Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 13 of 16 Comments: 38.510.030.H block frontage standards for mixed use block frontages require planting areas between the sidewalk and the building or parking areas. This project complies with requirements. The building meets transparency requirements and screening requirements for service areas and mechanical equipment. The building meets all applicable design requirements. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design 38.520.040 Yes Vehicular circulation and parking 38.520.050 Yes Comments: An offsite parking agreement easement and shared use access easement have been provided between this site and the development to the east of this site known as the East Main Master Plan and the Locati Building site plan. These easements must be recorded prior to site plan approval. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration Yes Site Planning and Design Elements 38.520 Yes Comments: The site conforms to the site plan requirements in article 5 for site design. No special conditions of approval are identified. 7d. Conformance with the project design provisions of Article 5, Landscaping including the enhancement of buildings, appearance of vehicular use, open space and pedestrian area and the preservation of replacement of natural vegetation Meets Code? Submittal requirements for landscape plans 38.220.100 Yes Mandatory landscaping 38.550.050 Yes Yard Yes Additional screening NA Parking lot screening Yes Interior parking lot landscape Yes Off-street loading spaces screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Underground irrigation Trees for residential adjacency Yes Performance points 23 required Yes City rights-of-way and parks Yes Tree plantings for boulevard ROW, drought-resistant seed Yes Public ROW boulevard strips Yes Irrigation and maintenance provisions for ROW Yes State ROW landscaping Yes Additional NA NA Fencing and walls NA NA Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 14 of 16 Comments: 23 landscaping points were required and 36 are provided. Adequate interior parking lot landscaping was provided in the parking islands and landscaped areas immediately adjacent to the lot. No turf is present on this site. Pedestrian area landscaping, including pathways and internal circulation 38.520.040 Yes Internal roadway landscaping 38.520.050 NA Open space landscaping 38.520.060 Yes Service area and mechanical equipment landscaping and screening 38.520.070 Yes Comments: The landscaping exceeds city requirements 7e. Conformance with the project design provisions of Article 5, Open Space Meets Code? Open Space Total required 1,518-sf (2%) Yes Total provided 1743-sf Yes Comments: Usable commercial open space required in sites greater than one acre is required and is provided in two separate plaza areas for this project. Seating is provided as required. 7f. Conformance with the project design provisions of Article 5, Lighting 38.570 Meets Code? Building-mounted lighting (cutoff and temperature) Yes Site lighting (supports, cutoff and temperature) Yes Minimum light trespass at property line Yes Comments: The lighting meets standards. Both site and building mounted lighting is proposed. 7g. Conformance with the project design provisions of Article 5, Signage 38.560 Meets Code? Allowed (sq. ft)/building NA NA Proposed (sq. ft) NA Comments: Conceptual signage is shown on the plans. No signage is approved with the approval of this application. A sign permit is required for the installation of all signage. 8a-c. Conformance with environmental and open space objectives in articles 4- 6 Meets Code? Enhancement of natural environment: Integrated stormwater, LID, removal of inappropriate fill NA Grading Yes On-site retention/detention Yes Comments: The grading and drainage plan was reviewed and approved by the Engineering Division. The storm drainage system is entirely underground. Drainage design Yes Stormwater maintenance plan 38.410.030.A Yes Stormwater feature: landscaping amenity, native species, curvilinear, 75% live vegetation NA Comments: The stormwater maintenance plan has been provided. No surface stormwater facilities and proposed, landscaping for stormwater is not applicable for this application. Watercourse and wetland protections and associated wildlife habitats NA If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Comments: No watercourses or wetlands are present on site. Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 15 of 16 9. Conformance with the natural resource protection provisions of articles 4-6 Meets Code? Watercourse setback 38.410.100 NA Watercourse setback planting plan NA Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: Not applicable. No watercourses or wetlands are present on site. 10. Other related matters, including relevant comment from affected parties 38.220 Meets Code? Public Comment No Yes Comments: A public notice period was executed as per Section 38.220.420. Details regarding dates the noticing requirements were conducted can be found on page 1 of this staff report document. No public comment has been received. 11. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming OR Are the subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. 38.410.060 Meets Code? Subdivision Exemption NA NA Required Easements Yes Yes Reciprocal access and shared parking easement Yes NA Yes Mutual access easement and agreement Yes Yes Comments: Easements for access and refuse have been provided and will be recorded prior to site plan approval. 12. Phasing of development 38.230.020.B including buildings and infrastructure Meets Code? Phasing No # of phases 1 Yes Comments: This application is one phase. In addition to the review criteria of 38.230.100, the review authority shall, in approving a conditional use permit, determine favorably the criteria in the table below. The application requests a conditional use permit to increase the maximum allowable height for this building in B-2 from the maximum allowable of 38’ with a flat roof to 54’4” with a conditional use permit. The building is proposed with a 54’1” maximum height with an allowable 4’ parapet wall above that height to screen mechanical equipment. Section 38.230.110.E Additional review criteria for Conditional Use Permits Found favorable The site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity. Yes Staff Report Bozeman Residence Inn Review Application: 18499 Tuesday, July 16, 2019 Page 16 of 16 Comments: The site is large in size and includes slopes. The building is integrated into the slope to the maximum extent possible. The building includes high quality materials and is well detailed and meets city design standards. The adjacent development is located downhill to the north and east of this property. No residential views are block by this project as the units are below the existing slope. The site landscape is integrated into the neighborhood and larger development area. The proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Yes Comments: No evidence of the additional of building height was found to have negative or adverse effects on abutting properties. The site is large in size and includes slopes. The building is integrated into the slope to the maximum extent possible. The building includes high quality materials and is well detailed and meets city design standards. The adjacent development is located downhill to the north and east of this property. No residential views are block by this project as the units are below the existing slope. Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes Comments: See page 3 of this staff report for conditions of approval. Conditions of approval must be recorded with the County Clerk and Recorder. In addition to the review criteria of 38.230.100, the review authority shall, in approving a special use permit, determine favorably the criteria in the table below. The application requests a special use permit for the retail sales and on premise consumption of alcohol. The application requests to utilize an all beverage license issued by the State of Montana. Section 38.230.120 and 38.230.110.E Additional review criteria for Special Use Permits Found favorable The site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to relate such use with the land and uses in the vicinity. Yes Comments: The site is safe and conforms to zoning. The site has continuous pedestrian connectivity into and through the site. Adequate parking is provided on-site with the review and approved for the original site plan. Parking is provided through shared parking with the adjacent site. The proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. Yes Comments: No evidence of the proposed alcohol use was found to have negative or adverse effects on abutting properties. The conditions of approval included in this report, specifies that the right to serve alcohol to patrons is revocable should the need to revoke the permit arise. Additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Yes Comments: See page 2 of this staff report for conditions of approval. Conditions of approval must be recorded with the County Clerk and Recorder prior to final approval.