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Home My WebLink About4/14/2021 Item 3, Ogden Wilbanks, Megan From:Corey, Tyler Sent:Wednesday, April 14, 2021 2:59 PM To:CityClerk Subject:FW: Hi Tyler. Please see my attached letter for distribution to the Planning Commission before tonight's hearing. Thanks, R Attachments:210414 Letter to PC and Cory. REO.ltr.pdf Fyi- From: Roy Ogden < Sent: Wednesday, April 14, 2021 2:18 PM To: Corey, Tyler <tcorey@slocity.org> Cc: Codron, Michael <mcodron@slocity.org>; Dietrick, Christine <cdietric@slocity.org>; Jorgensen, Markie <mjorgensen@slocity.org> Subject: Hi Tyler. Please see my attached letter for distribution to the Planning Commission before tonight's hearing. Thanks, R This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Roy E. Ogden Ogden & Fricks LLP 656 Santa Rosa Street, Suite 2B San Luis Obispo, California 93401 Phone - 805-544-5600 Fax - 805-544-7700 www.ogdenfricks.com 1 OGDEN & FRICKS LLP 656 Santa Rosa Street, Ste. 2B San Luis Obispo, California 93401 Phone: 805.544.5600 Fax: 805.544.7700 www.ogdenfricks.com April 14, 2021 Via E-Mail Only File No. 0739-01 tcorey@slocity.org San Luis Obispo Planning Commission c/o Tyler Corey Staff Liaison Planning Department City of San Luis Obispo 919 Palm Street San Luis Obispo, California 93401 Re: Agenda Item No. 3 April 14, 2021 Planning Commission Virtual Hearing Dear Commissioners, We represent businesses and landowners in the vicinity of the Trust Children's Center (day care) located at 4085 Earthwood ("Facility"). This area adjacent to Suburban Road is primarily populated by manufacturing and industrial -type business. Our clients have asked us to alert the City to this ongoing illegal activity so that action will be taken to permanently shut the Facility down. This temporary Facility was approved under SLO Muni Code 17.08.100.D for operation by Trust Automation (the applicant) as an on -site accessory daycare for exclusive use only by Trust Automation's employees. Trust Automation moved out of the neighboring building at 143 Suburban Road in early 2019, yet the Facility continues to operate in direct violation of the conditions of approval mandated by the City for this Facility. That means a conscious decision was made to operate the Facility illegally. The temporary Facility was expressly conditioned on operating for a maximum of three years, subject to a single one-year extension option. The temporary Facility has now operated for over six years in direct violation of the City's conditions of approval. The Facility is across the street from a brew pub. (See Attachment 1-view from outdoor play area looking at pub). The Facility is now being operated as a stand-alone daycare facility also likely in violation of the requirement that no more than 14 children be in attendance. We are very concerned that this proposed legislation (See Attachment 2- Packet page 92) will inadvertently legitimize the existing illegal Facility. Even if Trust ceases to operate the Facility, this proposed legislation will allow a new operator to pick up right where Trust left off, rewarding intentional, past violations of the Facility's express conditions of approval. The Facility is now being operated as a stand-alone daycare facility also likely in violation of the requirement that no more than 14 children be in attendance. We are confident that you will agree this type of operation is completely inappropriate in an area primarily used for manufacturing/industrial applications and in the cannabis zone (See Attachment 3-Cannabis Zone Map). We urge the Commission to require modifications to the proposed legislation that will locate future day care centers in more appropriate neighborhoods. inter 1 J Roy E. Dg en Cc: clients Christine Dietrick, Esquire (email) Markie Jorgensen, Esquire (email) Michael Codron (email) 'IT OIL, ffjw M �v yr lift- ?. ro AN I Item 3 DRAFT Ordinance No. _ (2021 Series) Exhibit B. Proposed Changes to the Airport Area Specific Plan ATTACHMENT 2 Page 6 The following sections of the existing Airport Area Specific Plan would be modified to allow for day care centers in the specific plan area. General direction is shown in italicized brackets; specific proposed changes in text are shown in strikeetrt or underline: Pages 4-25 and 4-27. Table 4-3. Allowed Uses. SERVICES - GENERAL. [Remove the reference to Note 1 attached to "Day care Adult, Child Day Care Center" in the BP designation that restricts their development as a secondary use to business parks.] Pages 4-25 and 4-27. Table 4-3. Allowed Uses. SERVICES - GENERAL. [Remove the reference to Note 5 in the line item attached to "Day care Adult, Child Day Care Center" in the CS and M designations, and eliminate Note 5 itself at the end of the table that refers to airport compatibility restrictions on day care centers.] S. A il,.wed by .-ighto only in the c_1.. and S 2 aviation saFety areas (as defined in the ALUP), w-bere an employer pi:evides en Si empleyees may be appreved by the Planning Goinfnission, if allowed by the Aifpert Land Use Pages 4-22 and 4-27. Table 4-3. Allowed Uses. [Add new Note 5 to replace the previous Note 5 with the following text:] 5. Day care centers and family day cares are allowed within the Avila Ranch portion of the Specific Plan subject to regulations set forth in the Municipal Code. [A reference to Note 5 should be added to the following statement at the outset of Table 4-3.J NOTE: PLEASE REFER TO THE APPROVED AVILA RANCH DEVELOPMENT PLAN FOR ALLOWED USES IN THAT AREA (CITY COUNCIL RESOLUTION 10832) 0 Packet Page 92 Q m 0 S W w, N N py N X z rc� H O N m w •� ` U a � m U U U U U U � O a � � ¢ I o V� O J tn L A O Ll ATTACHMENT 3 Page 1 of 1