HomeMy WebLinkAboutR-9597 Upholding Planning Commission Approval for Outdoor BBQ, 600 Marsh StreetRESOLUTION NO.9597 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT
FOR OUTDOOR BARBEQUING AT 600 MARSH STREET AP -PC- 49-04
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 June 23, 2004, pursuant to the appeals received on May 21, 2004 and June 1,
2004, and upheld the Hearing Officer's determination, approving a use permit to allow the
barbeque, based on findings, and subject to modified conditions; and
WHEREAS, an appeal of the Planning Commission's approval of the use permit was
received on July 2, 2004; and
WHEREAS, the City Council of the City of San Luis Obispo has considered testimony
of the applicant, interested parties and appellant, and the evaluation and recommendations by
staff and the Planning Commission; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings.
1. As conditioned, the proposed use will not harm the general health, safety, and welfare of
those working and living in the vicinity because conditions of approval limiting the
number of barbeques, and the frequency and duration of their use will reduce smoke
generated by the facility and its effect on the environment.
2. The total required parking for the Old County Deli with the proposed outdoor barbeque
and customer service area is seven spaces, which can be provided with existing on -site
parking and the payment of in -lieu fees.
3. The proposed use is consistent with General Plan Land Use Element Policy 4.16.1 which
supports street level activities, including restaurants, which benefit from and contribute to
pedestrian traffic, and; complies with Zoning Regulation requirements with approval of
this use permit.
4. The project is categorically exempt from environmental review (CEQA Guidelines,
Section 15301, Existing Facilities).
R 9597
Resolution No. 9597 (2004 series)
Page 2
SECTION 2. Action.
The Council hereby denies the appeal and upholds the Planning Commission's approval of the
use permit to allow the outdoor barbeque, subject to the following conditions:
1. Any new use, or change in use, at the subject address that is beyond the scope of this use
permit shall be submitted to the Community Development Director for review and
approval prior to the change.
2. Operation shall be limited to a single outdoor barbeque four days per week and legal
holidays, between the hours of 9:00 am and 5:00 pm and 9:00 am and 9:00 pm on
Thursdays. A second barbeque may be allowed on Thursdays between 2:00 pm and 8:00
pm with the location subject to approval of the City Fire Department. The fire may burn
down after operation hours. Consistent with these restrictions, a schedule of barbeque
days shall be provided to the Community Development Department Staff.
Building_ Department
3. An outdoor dining area will require accessible toilet rooms for patrons. If seating is
provided for 10 or more occupants, a separate toilet room must be provided for each sex.
4. As a food establishment, approval from the Health Department is required.
Fire Department
5. All barbeque pits shall be 10 feet from buildings and any combustible materials,
including live trees and landscaping.
6. No barbeque shall be moved once it is lit. Barbeques being used for the Thursday
evening Farmer's Market shall be moved into position on Higuera Street and lit at 4:45
pm in accordance with the Downtown Association's Guidelines.
7. All barbeque pits shall be extinguished by smothering or allowing the fire to bum out
until cool so as to minimize contaminated water entering storm drains.
Public Works Department
8. The parking -in -lieu fee, if proposed to satisfy parking requirements for the expanded use
and/or elimination of a parking space for said use shall be based on the fee requirement
for additions (expanded use) rather than the fee allowed for changes of occupancy. The
fee per parking space may be calculated based on the fee resolution in effect at the time
the use was purportedly established, $4,000 per space.
9. The project plans and description of operations shall be amended to preclude the runoff of
water from the firebox to the city street/public storm drain. The provisions for putting out
the fire shall be revised to use an alternate method to extinguish the fire or collect all
waters in the firebox or separate sump for disposal to an approved location.
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Resolution No. 9597 (2004'series)
Page 3
Requirements for extinguishing fires, supervision of the BBQ operation, clearances to
combustible construction, etc. shall be reviewed and approved to the satisfaction of the
Fire Department.
10. Within one year of the date of this resolution the applicant shall construct an exhaust
system for the outdoor barbeque to vent the smoke, relocate the activity indoors with a
standard hood and ventilation system, or cease the barbequing activity; subject to the
satisfaction and approval of the Community Development Director.
On motion of Council Member Settle, seconded by Council Member Ewan, and on the following
roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3`d day of August, 2004.
Mayor David F. Romero
ATTEST:
Diane Reynolds, .M.C.
Deputy City erk
APPROVED AS TO FORM:
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Jon . Lowell
City Attorney
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