HomeMy WebLinkAbout12/05/2000, 3 - APPEAL USE PERMT U-68-00-ALLOWING OUTDOOR SEATING FOR CROSSROADS LIQUOR/DELI AT BROAD ST AND ORCUT RD council M`iW
°L_5
j Agcnaa aEpout It.N 3
CITY OF SAN LUIS OBISPO
FROM: Ronald Whisenand,Development Review Manager CPO
Prepared By: John Shoals,Associate Planner
SUBJECT: APPEAL OF PLANNING COMMISSION'S DECISION TO APPROVE USE
PERMIT, U68-00, ALLOWING OUTDOOR SEATING FOR CROSSROADS LIQUOR/ DELI
IN THE CROSSROADS CENTER AT BROAD STREET AND ORCUTT ROAD; 3165 AND
3211 BROAD, C-S-PD ZONE; JESSE NORRIS/MIKE & SONIA HOOK-APPELLANTS.
CAO RECOMMENDATION
Adopt draft Resolution "A" denying the appeal and approving the use permit based on modified
findings and conditions.
DISCUSSION
Situation
The subject project is an appeal of the Planning Commission's decision to conditionally approve a
use permit to allow the Crossroads Liquor/Deli to establish an outdoor patio at The Crossroads
mixed-use (commercial and residential) center. This item was considered by the City Council on
August 15, 2000. The primary issue was whether the mixed-use center has adequate parking to
serve its commercial tenants and the proposed outdoor patio for the Crossroads Liquor/Deli. Also
at issue was parking for the outdoor seating areas presently being operated, without proper permits,
by Nucci's and Cool Cat's cafe.
The CAO's original recommendation was that the Council uphold the appeal and deny the subject
use permit without prejudice, which would have allowed the applicant (Glen Brooking) to apply
again after the property owner's resolved the parking situation. While the Council members
understood the basis of CAD's recommendation, they did not feel it was fair to have the applicant
pay use permit fees again, if the property owners could solve the parking situation. After lengthy
discussion, the Council voted to continue this item for 90 days to give the property owners and
tenants an opportunity to resolve the parking issue amongst them.
It is staffs understanding that the owner's have agreed to work together to develop more parking to
serve all of the commercial businesses and the outdoor patios. Their plan is to provide additional
parking onsite through parking lot modifications such as re-striping stalls and re-arranging parking
spaces. They also have the option of providing off-site spaces to meet their parking needs. The
owners believe that they have a plan to solve the parking situation, and would like to proceed with
that plan(see Attachment 3).
This item is being brought back to the Council for a formal action to bring closure to the appeal
process.
3-1
Council Agenda Report
U68-00 (Brooking Appeal)
Page 2
Evaluation
City staff recently met with the property owner's representative to generate an accurate parking
count for the mixed-use center. Presently, The Crossroads has 15 commercial tenants and six
residential units with a parking requirement of 104 spaces, which includes a 25% shared and
mixed-use parking reduction. There are currently 103 existing parking spaces at the site. The three
food-serving establishments (Crossroads Liquor/Deli, Nucci's and Cool Cat's) are proposing to
develop or formalize approximately 440 square feet of outdoor seating area. If these outdoor patios
were approved, The Crossroads would have a total parking requirement of 109 spaces (six more
than available). The center's parking totals are included as Attachment 3.
The property owners and tenants are planning to provide the required number of parking spaces
through various site changes, including: (1) re-allocating two of the residential parking spaces to
commercial uses; (2) re-striping the stalls in front of the liquor store/deli; (3) eliminating the exit-
only driveway and installing additional parking spaces; and (4) relocating motorcycle spaces and
bicycle parking towards the rear of the site. According to the applicant's representative, Strong
Planning Services, these parking lot modifications would create approximately seven more parking
spaces for a total of 110 onsite spaces at the center.
After reviewing the project files and the new information, staff finds that the owners can easily
provide parking for the primary commercial tenants, but not the proposed outdoor seating areas.
The commercial uses have a parking requirement of 104 spaces; there are 103 existing spaces with
the potential to add two additional spaces in front and beside the liquor-deli-pub. The property
owners and tenants are developing a plan to create the additional spaces needed for the outdoor
patios. Staff believes the proposed parking lot modifications are valid and warrant consideration.
Re-striping the existing parking stalls are minor changes that can be handled administratively by the
Community Development Director (Zoning Regulations Section 17.62.080A). Eliminating the
exit-only driveway and re-configuring landscape planters are more extensive modifications that
require City Council approval of an amendment to the Crossroads Planned Development. The PD
amendment could be handled concurrently with the pending use permits to establish outdoor patios
for Nucci's and Cool Cat's C66. Based on this new information, the CAO recommends that the
City Council deny the appeal and approve the use permit(for the Crossroads Liquor/Deli)subject to
the property owners providing adequate parking for the outdoor seating area.
It should, however, be noted that there is no guarantee that the property owners and tenants will
follow through with the plan to create additional parking for the outdoor seating areas. If no
additional parking is provided, the Crossroads Liquor/Deli will not be able install its proposed
outdoor patio and Nucci's and Cool Cat's will be required to eliminate their outdoor seating areas
that are being operated without the proper permits.
CONCURRENCES
The Public Works and Fire Departments were asked to comment on the possible elimination of
the exit-only driveway. The Fire Department did not have a problem with removing the
driveway because the enter-only driveway and the primary entrance would provide adequate fire-
3-2
Council Agenda Report
U68-00 (Brooking Appeal)
Page 3
access. While Public Works staff did not have a problem with its removal, they noted that the
California Department of Transportation (Caltrans) was considering modifications to the
intersection of Broad Street and Orcutt Road that might affect The Crossroads. Specifically,
Caltrans is considering prohibiting northbound traffic on Broad Street (SR 227) from making U-
turns at this intersection, which could result in vehicles driving through The Crossroad's parking
lot to turnaround. Project specifics would be addressed as part of a PD amendment application.
FISCAL IMPACT
None
ALTERNATIVES
1. The Council may uphold the appeal and deny the use permit without prejudice, which would
allow the applicant to re-apply without having to wait a full year.
2. The Council may continue discussion if additional information is needed. Direction should
be given to staff and the applicant.
ATTACHMENTS
1. Vicinity Map
2. Site Plan
3. Strong Planning Services Letter and Parking Calculations
4. Draft Resolution"A" Deny the Appeal
5. Draft Resolution"B"Uphold the Appeal
6. Minutes from City Council meeting of August 15, 2000
7. City Council Agenda Report dated August 15, 2000
7ShoaWCC/U 68-00(Appeal)
3-3
ATTACHMENT �
�R
\ / \ C$-PD 01,
in m
R-2S
it
C CS-S ,
i
ORCUTT
\\ -P
..9'
v, ^\
GC7
i rWilp,
3211 Broad #101
N 0 80 160 240 Feet U 6800
3-4
° ATTACHMENT 2
I .
r
BROAD STREET
d
I
150.01' - ----__--
/ S 59 00' 14" W 4.g7' S 30 00' 33 E 150.02' ��----
10.51' 10.51' CS
104 50 ✓M\J� / = r -
nJ _ o -
r10.50'
l
13.91' 26.76' 4.00' w CI
oop
_
„ L 27z.95'_ _ `o ® _
� _ _ _ _ _ _ _ 88' �`” n 3e'sa's0' w I � � _ 7�
_ _ _ 85.82' 5.00' - _ _ a 82. _ - - m ._ 14^/� _ _ 104.25'- _s�n
m $o�m w ® c• m D °- I 5.00'9 r L I
a
9.50' 4.00'3f Y 27.42'
N =
6.00' 0.00 40.00'
11.50' �j� m
__________.V
17.92' ,
^
27.36• g
31.00 15.50• 11.56
p, A0V I 18.50 5{ w Q, x.41061 f✓!"•�•i✓l��f�� L
Si I
a sss9 - r _ T7.25
V g • 3
p
^ S 8 m
r I
f 14f �� c
' 16.58' $ D ¢ I -1550' -
1
l/\\\^Y\/1 I(^\�\\\1 M1 V
V
p -.54. 10. ' 10.00' 25.50 :13
I .p p; ;
'O 13 0 1I .G (" ,G 1 r.
n
r r "• .el �I'
r _
_� ��
_____ ___
® S 31.00'3B'E 1055]' c �o �� o
- -r `;- 0.36''NJO 5A_50'w 140_67'
_ r P yr
95.22. - .n 23.87 ¢ a v .i,
67.60'
n _ J v u 16.31' S ,�16.46 —1
I I N 32 05 17 W N 32 06' 30 W ' $ ^4a I m 29�r z9ir N 31 10' 58" W 4.s4'
'--14.31' 49.99' V00 8 r $ 49.98'
49.98' w Loo S al
N 58 59' 36" E ori Q
0.94—J
co
SITE PLAN - � � � NB�� N
�� -
THE CROSSROADS MIXED-USE CENTER '°�' 2 3' '°'S1JX
Z N .31 02' 09" W 99.94'
�c 950'J
} k �Z' f� v.ST7'�Gr�, a!� .7M1F� '. 9 a 3,.' r � `a ti S k.ti• Y „ ' c. .- ''V -ti
ATTACHMENT 8
STRONG PLANNING SERVICES ROB STRONG, A.I.C.P.
Mr.John Shoals, Project Planner November 14, 2000
Community Development Department
CITY OF SAN LUIS OBISPO
City Hall, 990 Palm Street
San Luis Obispo, CA 93401
RE: Crossroads Center Parking Modifications, 3211 Broad and 3165 Broad Street
U-68-00, U 123-00 and U 124-00, Outdoor Seating
Dear John:
Yesterday I met with both Mr. and Mrs. Ron McIntosh and Mr. and Mrs. Mike Hook, owners of
the Crossroads Center. We confirmed the.proposals to add seven vehicle spaces for customer
parking by modifications to the front lot, including:
1)3 new spaces obtained by south driveway closure;
2)2 additional spaces obtained by re-striping in front and beside the liquor-deli-pub, and,
3) 2 new spaces obtained in the center island between the center identification sign and
trash enclosure.
These proposed additional 7 spaces, when added to the 103 previously confirmed spaces,
provide 110 spaces total. As outlined in parking calculations revised 8/14/00, the center requires
109 spaces with 25% parking reduction and assumes approval of U 68-00, U 123-00 and
U 124-00 for outdoor seating for the liquor-deli-pub, Nucci's and Cool Cats Cafe. A revised
parking plan showing theses changes is submitted for City review and approval.
It is our understanding that the City Council will reconsider the appeal of U 68-00 on December
5, to allow the liquor-deli-pub outdoor seating subject to this additional revised parking. We also
understand that U 123-00 and U 124-00 for outdoor seating by Nucci's and Cool Cat's cafe will be
considered soon and that this additional shared, mixed-use customer parking will enable approval
of these areas.
Both property owners recognize that the revised parking plan, providing 110 spaces is essential
to 100%occupancy according to the specific uses outlined in the parking calculations and as
proposed by these pending use permits.
We appreciate the assistance of staff and consideration by the Planning Commission and City
Council which has enabled the Crossroads Center to be a successful, mixed-use planned
development.
cera - CITY OF SAN LUIS OBISPO
Rob ng, Nov 2 I
cc: McIntosh
Hook COMMUNITY DEVELUM�P.:T
3-6
14500 MORNINGSIDE DRIVE, ATASCADERO, CA 93422 • (805) 542-9150'9 FAX(805) 438-3158
Sheetl ATTACHMENT
•
'PARKING CALCULATIONS FOR THE CROSSROADS
1
1 A B 1 C
3211 BROAD
(SUITE USE: AREA: RATE: PARKING !PARKING IPARKING
'EXISTING IW/DELI-PUB W/OUTDOORI _:.
!USES (EXPANSION ISEATING
101 Liquor Store/Groc. 3,850 U1486 19 1 23 26
! 1051H&R Block 1,300 3001 4 4 1 4 1
109 1 SLO Gazette ! 1,500 3001 5 5 5
113 i Laverne University! I
(Classrooms 1 1,5001 501 30 30 1 30 1
Office 1 8001 3001 3 3 _ 3
117 1 Edward Jones Inv. 8001 3001 3 3 _ 1 3
121 Yogi's Yogurt 850 U1486 1 3 3 3
20111 nsu r. Services 1,223 3001 4 j 4 4
205 J.Mitchell Arch. 975 3001 3 3 3
1201C 11-BR Apartment 818 2 2 2
201 D I Studio Apt. 590 1 1 1
202D Studio Apt. 590 1 1 1
13165 BROAD 1
102 Cool Cat's Cafe 2,225 U60-92 23 23 25
1 106 Nucci's Pizza 1 1,100 6 6 8
1 110!SLO Med. Assoc. 1,000 A26-91 3 3 3
112,Travel Agency 800 3001 3 1 3 3
114 Phacor 1 2,000 3001 7 1 7 i 7
118&122 Video Rental 3,000 300 10 1 10 10
201A 1-BR Apartment 583 2 2 2
1202A 'Studio Apt. 762 1 1 1
1203A Studio Apt. 595 1 1 1 1
TOTALS: 134 138 145
with 25% parking reduction 7 101 1 104 1 109
AVAILABLE PARKING: 103 1 103 103
Notes:
1. Column"A"is existing parking assuming a 100% occupancy and no outdoor seating areas.
2. Column"B" assumes 100% occupancy including the indoor expansion to include pub with the existing liquor store.
3. Column"C"assumes 100% occupancy incl. outdoor seating areas for Nucci's, Cool Cats and Crossroads Deli.
4. Liquor/store deli expansion includes indoor seating area and possible change in use from deli to restaurant or pub.
5. Planning Commission to consider U124-00 to allow 120-square foot outdoor seating area for Cool Cat's Caf6
6. Planning Commission to consider U123-00 to allow 120-square foot outdoor seating area for Nucci's.
7. Planning Commission approved a 25% parking reduction for the center with use permit for Laverne University, U167-99.
8. Potential new spaces created with parking lot modifications such as re-striping parking lot in front of liquor store/deli,
re-allocating spaces from residential to commerical and providing additional bicycle/motorcycle spaces (ZR16.060E)
,e rlvw 8// /00
Page 1 3-7
Draft Resolution"A" ATTACHMENT 4
RESOLUTION NO. (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION AND APPROVING USE PERMIT U-68-00 WITH MODIFIED
FINDINGS AND CONDITIONS OF APPROVAL;
3165 AND 3211 BROAD STREET,U68-00
WHEREAS, the Planning Commission, on May 24, 2000, approved a use permit to
allow outdoor seating in conjunction with an existing liquor store/deli in The Crossroads mixed-
use center; and
WHEREAS, Jesse Norris filed an appeal of the Planning Commission's action on May
26, 2000, and Mike and Sonia Hook joined that appeal on June 9, 2000; and
WHEREAS, the City Council conducted public hearings on, August 15, 2000 and
December 5, 2000, for the purpose of considering the appeal to the Planning Commission action
on use permit U68-00; and
WHEREAS, the City Council has considered testimony of the applicant/appellant,
interested parties, the records of the Planning Commission hearings and actions, and the
evaluation and recommendation of staff.
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of use permit application
U-68-00, the Planning Commission's decision, staff recommendation, public testimony, and
reports thereof, makes the following findings:
1. The proposed use will not adversely affect the health, safety and welfare of persons working
or residing on the site or in the vicinity.
3-8
Resolution No. (1999 Series) ATTACHMENT 4
Page 2
2. The proposed use conforms to the General Plan and City Zoning Regulations because
restaurants and sandwich shops are allowed uses in the Service-Commercial zone (Chapter
17.22).
3. The proposed use is consistent with the Crossroad planned development (PD1437) and the
Use Permit(U1390) approving a mixed-use commercial center.
4. There was substantial new evidence presented to the City Council after the Planning
Commission took action on the use permit. After consideration this new information, the
Council finds that property owners can provide adequate parking to serve the center's
commercial tenants and the proposed outdoor seating area.
5. The proposed use is categorically exempt from environmental review (CEQA Section
15301).
SECTION 2. Appeal Denied. The appeal of the Planning Commission's action
approving the project is hereby denied, and the use permit approved subject to the following
modified conditions:
1. The outdoor seating area shall not exceed 200 square feet in area and shall be setback 10 feet
from the existing parking spaces at the front of the building.
2. The property owners shall provide adequate parking to serve the outdoor seating area.
Pursuant to City Zoning Regulations, the outdoor patio has parking requirement of three
spaces. Those spaces may be provided onsite or at an off-site location consistent with City
Code.
3. There shall be no advertising on umbrellas in the outdoor seating area.
4. The use permit shall be reviewed in one year, or at any time that reasonable written
complaints are received by the City of San Luis Obispo. At the review hearing, the Hearing
Officer may modify, add or delete conditions, or revoke the permit. A basis for revocation
shall be failure to comply with the above-stated conditions.
On motion of , seconded by , and on
the following roll call vote:
AYES:
NOES:
ABSENT: .
3-9
Resolution No. (1999 Series) ATTACHMENT 4
Page 3
The foregoing resolution was passed and adopted this 5`h day of December, 2000
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
*O
C' *te G. Jorgensen
JShoaWCC/U68-00DenyA
3-10
ATTACHMENT 5
Draft Resolution `B"
RESOLUTION NO. (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO UPHOLDING AN APPEAL OF THE PLANNING
COMMISSION'S ACTION, THEREBY DENYING, WITHOUT
PREJUDICE, USE PERMIT U68-00
3165 AND 3211 BROAD STREET, U68-00
WHEREAS, the Planning Commission, on May 24, 2000, approved a use permit to
allow outdoor seating in conjunction with an existing liquor store/deli in The Crossroads mixed-
use center; and
WHEREAS, Jesse Norris filed an appeal of the Planning Commission's action on May
26, 2000, and Mike and Sonia Hook joined that appeal on June 9, 2000; and
WHEREAS, the City Council conducted public hearings on, August 15, 2000 and
December 5, 2000, for the purpose of considering the appeal to the Planning Commission action
on use permit U68-00; and
WHEREAS, the City Council has considered testimony of the applicant/appellant,
interested parties, the records of the Planning Commission hearings and actions, and the
evaluation and recommendation of staff.
BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of use permit application
U-68-00, the Planning Commission's decision, staff recommendation, public testimony, and
reports thereof, makes the following findings:
1. Due to recent developments and new information provided at the public hearing, The
Crossroads Center does not have adequate parking to support the establishment of an outdoor
seating area for the Crossroads Liquor/Deli.
2. Approval of the use permit will exacerbate an ongoing parking problem at the mixed-use
center.
3-11
ATTACHMENT 5
Resolution No. (1999 Series)
Page 2
SECTION 2. Action. The appeal is upheld and the Use Permit, U-68-00 is denied
without prejudice.
On motion of , seconded by , and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 5t' day of December, 2000
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
b .
fC4 t e ffr & Jorgensen
J ShoaWCC/U68-00UpholdB
3-12
n 4 tac h m ekl+
City Council Meeting Page 4
Tuesday, August 15, 2000-7:00 p.m.
PUBLIC HEARINGS
1. APPEAL OF THE PLANNING COMMISSION DECISION APPROVING USE PERMIT,
U68-00, ALLOWING OUTDOOR SEATING FOR CROSSROADS LIQUOR/DELI IN THE
CROSSROADS CENTER AT BROAD STREET AND ORCUTT ROAD: 3165 AND 3211
BROAD: JESSE NORRIS/MIKE AND SONIA HOOK, APPELLANTS.
Council Member Marx stepped down due to a potential conflict of interest(family member
employed in the center).
Associate Planner Shoals presented the staff report.
Mayor Settle opened the public hearing.
Joseph Adams, representing the Hooks (Nucci's and Cool Cat's) urged the Council to
uphold the appeal and send it back for restructuring. He noted that there have been recent
changes since the original request for outdoor seating was made and asserted that it
would not be beneficial to grant the use permit at this time.
Rob Strong, Strong Planning Services, recommended that the Council continue the matter
and provide all parties the opportunity to discuss outdoor patio space and parking needs.
He explained that he believes there will be cooperative resolution to the issues within a few
weeks and, if not, any dissatisfied party can return to the Planning Commission.
Mayor Settle closed the public hearing.
Council Member Romero proposed a 90-day continuance. Mr. Brookings, appellant,
concurred. Staff noted that if resolution is reached the appeal may be withdrawn.
ACTION: Moved by Romero/Schwartz to continue the item for ninety days; motion
carried 4:0.
2. DEVAUL RANCH SOUTH ANNEXATION: CONSIDERATION OF A REQUEST TO
ANNEX AND PREZONE 13.6 AeftES AND ENVIRONMENTAL REVIEW AT 11955 LOS
OSOS VALLEY ROAD AN R 8:7-00).
Associate Planner Mandevill rese ted the staff report. Community Development Director
Jonas commented that open space de tion for both Devaul Ranch North and South far
exceeds the open space ratio of 1:1.
Mayor Settle opened the public hearing.
Dick Kamaraski, representing the appli nt, spoke in support.
Brett Cross. 1217 Mariners'Cove, objec d to the annexation because environmental review
has been inadequate.
Rob Strong, Strong Planning Services, report that environmental studies completed
before the adoption of the General Plan Updat included this property and anticipated the
development of the property. He asserted tha there have been no violations of State law
and urged the Council to approve the annexation.
3-13
ATTACHMENT 7
council "-Lim
j aGEnaa RepoRt It.N..b.
CITY O F SAN LUIS 0 B 1 S P 0
FROM: Arnold Jonas,Community Development Directo6D ra, Rs
Prepared By: John Shoals, Associate Planner
SUBJECT: APPEAL OF PLANNING COMMISSION'S DECISION TO APPROVE USE
PERMIT, U68-00, ALLOWING OUTDOOR SEATING FOR CROSSROADS LIQUOR/ DELI
IN THE CROSSROADS CENTER AT BROAD STREET AND ORCUTT ROAD; 3165 AND
3211 BROAD, C-S-PD ZONE; JESSE NORRISIMIKE & SONIA HOOK -APPELLANTS.
CAO RECOMMENDATION
Adopt draft Resolution "A" upholding the appeal and denying, without prejudice, the use permit
based on findings.
DISCUSSION
Situation
On May 24, 2000, the Planning Commission approved a use permit allowing outdoor seating in
conjunction with existing liquor store/deli at The Crossroads mixed use (commercial and
residential) center. At that meeting, the Commission pointed out to the property owners that
approval of the use permit would take up most of the remaining parking at the center,which would
affect their ability to lease two commercial spaces that were vacant at that time. After hearing from
the owner's representative that a lease had not been signed for the outdoor seating area, the
Commission felt that they could act on the item and leave it to the property owner to determine if
he should lease this outdoor space given the impact the use has on the center's parking. The
property owner (Jesse Norris) originally consented to the use permit application, but has now
realized that the outdoor seating area will take up a majority of the center's remaining commercial
parking spaces and is appealing the Commission's decision. The Hooks, who own the half of the
center at 3165 Broad Street, are also appealing the decision.
Since the Planning Commission action, there have been several new developments at the center.
Jesse Norris sold his half of the mixed-use center to Mr. and Mrs. Ron McIntosh, who have leased
one of the formerly vacant commercial spaces (suite 201) to an insurance service office. The
Hooks have leased the other vacant commercial space (suite 110) to an association office tenant.
The owner of Crossroads Liquor and Deli installed a larger indoor seating area than was
represented to the Planning Commission and City staff, which will require additional parking
spaces for this use. The owners of the Cool Cat's Cafe and Nucci's have applied for a use permit
for outdoor seating. Based on this new information, it is recommended that the City Council deny
the use permit (U-68-00) until the owners can develop additional parking for the primary
commercial spaces and the outdoor use areas for Crossroads Liquor/Deli, Nucci's and Cool Cat's
Restaurant.
The CAO is recommending that the City Council uphold the appeal and deny, without prejudice,
the use permit. This action would allow the applicant to re-apply in less than one year, if the
3-14
Council Agenda Report ATTACHMENT
U68-00 (Brooking Appeal)
Page 2
owners are able to resolve the parking issue. The Council could also continue this item to a date
uncertain, or refer the matter back to the Planning Commission since there is new information that
was not available to the Commission at the time of its decision. The Council should, however, be
aware that these two options would require the project applicant and City to agree in writing to an
extension of the project action time limits required by State Law (California Government Code,
Section 65950). The original project action deadline was July 21, 2000.
Planning Commission Action
On May 24, 2000, the Planning Commission unanimously voted to approve use permit, U68-00,
allowing outdoor seating for Crossroads Liquor and Deli based on findings and subject to
conditions. The Commission expressed concerns that this approval would restrict the two vacant
suites on the site from being occupied until required parking for those suites can be provided.
The Commission considered continuing,the item to allow the property owner time to address the
issue, however after hearing from the property owners representative that a lease for the outdoor
seating area had not been signed, the Commission felt that they could act on the item and leave it
to the property owner to determine if he should lease this outdoor space given the impact the use
has on the center's parking. Attachment 5 is a copy of the Planning Commission approval letter
and resolution. Minutes from the Planning Commission meeting are included as Attachment 6.
Attachment 7 is a copy of the Planning Commission staff report.
Appeal Filed .
On May 25, 2000, the property owner appealed the Planning Commission's action citing the
project's impacts on parking and his ability to lease the remaining vacant suites at the center. Jeff
and Sonia Hook joined the appeal on June 9, 2000. Attachment 4 is a copy of the appeal form and
letter.
Evaluation
The owners are appealing the Commission's decision for two reasons: they did not understand the
implications the project would have on parking, and they did not know that the project would
prevent them from renting empty office space.
The property owners feel that the vacant commercial spaces should have priority over any optional
outdoor seating or conditional expansion of restaurant uses. Staff would agree with the owners;
however, it is not the City's role to establish leasing policies or parking strategies for landowners.
The City does not require or encourage reserving or designating parking spaces for current or future
uses. In staff's opinion, this practice is contrary to the basic concept of shared parking as used by
this mixed-use center. It should also be noted that the Planning Commission approved a 25%
parking reduction (10% for shared use and 20% for mixed-use) for The Crossroads in November
1999. Parking is usually allocated on a first come fust serve basis. In this case, there was parking
available for the outdoor use area because two of the commercial spaces were vacant. The Planning
Commission and staff'did inform the owner at the time of the public hearing (Jesse Norris) and his
representative that this outdoor seating required additional parking and could affect his ability to
lease the remaining vacant commercial spaces in the center. It is staff's understanding that these
two commercial suites have been leased to an insurance service office and an associate office
tenant. As noted earlier, the Commission felt that it was the responsibility of the property owner
3-15
ATTACHMENT 7
Council Agenda Report
U68-00 (Brooking Appeal)
Page 3
to decide if he should lease this outdoor space to Crossroads Liquor and Deli given its impact on
the center's parking. Staff is not sure why the owner has chosen to appeal this decision, rather
than to work this issue out amongst them. According to Rob Strong, the McIntosh (like Jesse
Norris) would like to find a way to accommodate the proposed outdoor seating patio.
Staff feels that this would be a good time to bring the center's parking into compliance and to
hopefully reduce the potential for current and future parking conflicts. There have ,been some
recent developments at the center that warrants taking another look at parking. Nucci's and Cool
Cat's Cafe have been operating outdoor seating areas without the proper permits, but have since
filed use permit applications for outdoor seating patios. The owner of Crossroads Liquor and Deli
has installed a larger indoor seating area than was represented to the Planning Commission and City
staff, which will require additional parking spaces for this interior space. Approved building plans
call out an 80 square foot area, but a more than 200 square foot area has been installed. As
originally approved, the liquor store/deli had a parking requirement of 19 spaces; with the larger
indoor seating area and outdoor patio,it would have a parking requirement of 25 spaces.
There are currently 103 parking spaces at The Crossroads. Assuming 100% occupancy, no
outdoor seating areas and no expansion of the liquor store/deli, the existing center has a parking
demand of 134 spaces (126 for commercial uses and 8 for residential uses). With the approved
25% parking reduction, the mixed-use center is required to provide 102 spaces (136 x 0.75 =
102). With the liquor store/deli expansion and the outdoor seating areas for Nucci's and Cool
Cat's Cafe, the center would have a parking demand of 144 spaces (108 spaces with the 25%
parking reduction).
It should be noted that the owners have been researching ways to increase the available parking
supply to for the primary commercial spaces and to allow outdoor seating patios for Crossroads
Liquor/Deli, Cool Cat's Cafe and Nucci's. The first option would be to re-allocate two of the
residential parking spaces to commercial uses. The residential uses require 8 spaces, but have 10
spaces in enclosed garages. The second option would be to modify the parking lot by re-striping
stalls and relocating motorcycle spaces and bicycle parking towards the rear of the site. Re-striping
the stalls in front of the liquor store/deli could possibly create one to two more spaces. A third
option would be to request a bicycle or motorcycle parking reduction. City Code allows
developments to reduce the required number of car spaces by providing additional bicycle and
motorcycle spaces at a rate of one car space for five additional bicycle or motorcycle spaces. The
fourth option would be to request an additional mixed use parking reduction from 25%to 30% (the
maximum allowed by City Code). The former owner, Jesse Norris, had applied for an additional
parking reduction with the Planning Commission,but withdrew the application in favor of creating
physical spaces through parking lot modifications. Another option would be to have the owner of
the liquor store/deli reduce his new indoor seating area to either match the 80 square feet specified
on the plans or reduce it to less than 200 square feet, in which case it would be considered
accessory to liquor store(the primary use).
Staff has met with Rob Strong to discuss these options and feels that some of the ideas have merit
and are worth pursuing. In particular, re-allocating two residential spaces to commercial uses,
relocating some motorcycle spaces and re-striping in front of the liquor store/deli. It is estimated
that these modifications alone could create between three and five new car spaces, which could
satisfy the parking demands of the primary commercial suites and possibly the outdoor seating
346
Council Agenda Report ATTACHMENT a
U68-00 (Brooking Appeal) ATTACHMENT 7
Page 4
patios. Unfortunately, the current owners have not been able to agree on how to resolve the parking
issue.
CONCURRENCES
The appeal of the Planning Commission's decision was not distributed to other City departments.
FISCAL IMPACT
None
ALTERNATIVES
1. The Council may uphold the appeal and modify the conditions of approval.
2. The Council may continue discussion if additional information is needed. Direction should
be given to staff and the applicant.
ATTACHMENTS
D...,..1..L.:.--. L[A»TT.-L_IA A_—...L_
_p n___�__♦_ iL/�ff T ♦ t T f
+Appeal Letter
=@v Planning Commission Approval Letter and Resolution
-m(w Minutes from Planning Commission meeting of May 24, 2000
00 Planning Commission staff report dated May 24, 2000
JShoaWCC/U 68-00(Appeal)
3-17
gXR111 -Wny Of sm
APPEAL TO THE CIT) ATTACHMENT; 7
In accordance with the appeals procedures as authorized by Title, 1, Chapter 1.20 of the
San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of
The Planning Commission rendered on May 24 , 2000
which consisted of the following (i.e., explain what you are appealing and the grounds
for submitting the appeal. Use additional sheets as needed.)
See attached letter.
The undersigned discussed the decision being appealed with:
John Shoals/Community Developmenton _ May 25 , 2000
Name/Department (Date)
Appellant: Jesse Norris , Owner 2047 Wilding Lane
Namefrdle Mailing Address (& Zip Code)
544-0575 544-0500 801-3779
Home Phone Work Phone Cell Phone
Representative: Rob Strong 444 Higuera Street
Name/Title Mailing Address (& Zip Code)
542-9150
For Official Use Only:
Calendared for July 5, 2000 Date & Time Received:
c: City Attorney
City Administrative Officer RECEIVED
Copy to the following department(s):
Arnold Jonas MAY 3 0 2000 1
Ron Whisenand SLO CIT''' " " r K]
John Shoals
Original in City Clerk's Office
3-18
MATTACHMENT 7
May 26, 2000
John Shoals
Associate Planner
City of San Luis Obispo
996 Palm Street
San Luis Obispo, CA 93401
Dear John:
Please accept this letter as an appeal of application number U68-00, 3211 Broad Street,
Suite 101's approval to establish outdoor seating in conjunction with an existing liquor
store with deli.
The reason for this appeal is:
I did not understand the implications the project would have on parking.
I did not know that the project would prevent me from renting the empty office
space.
Sincerely,
?Jes"sets, Owner
3211 Broad Street
cc: Jerry Hempenius
RECEIVED
MAY p 2000
CRY OF SAN LUIS OBISPO
COMMUNITY OF rLO^'iTH,f
JESSE NORRIS• 2047 WILDING LANE,SAN LUIS OBISPO,CALIFORNIA 93401 • (8051544-0575(RES) • FA�(805)�44-3519
fVf-0 500 I
�rrAr`u
COUNCIL &<Fr)r:i
- A7.e o ❑F
❑ACAO ❑-:
ORNEY ❑P'•.'
LERKIOi1:3 ❑r,-, :..i
❑
IM T TEAIA ❑Gcv D,:1
�J. Sh o ❑UTIL DIi1
fr .W 1 ❑PERS DIR
June 9, 2000
Ms. Detq Kopecke
City Clerk's Office
CITY OF SAN LUIS OBISPO
City Hall, 990 Palm St.
San Luis Obispo, CA
RE: Appeal for U 68-00, Crossroads Liquor Deli Patio
3211 Broad Street, #101
Dear Ms. Kopecke,
We are the owners of/:of Crossroads Shopping Center. Rob Strong is representing both
Jesse Norris and us and we would like the city to understand that we are one of the
appellants.
Sincerely,
Mike and Sonia Hook
P.O. Box 2508
Avila Beach, CA
93424
cc: Strong RECEIVED
JUN 9 - 1000
SLO CITY CLERK
3-20
����IIIaHIIIIIIIIII�I �I"�U���� l ATTACHMENT �
I
III IIII ormn
990 Palm Street, San Luis Obispo, CA 93401-3249
May 30, 2000
Glen Brooking
3211 Broad Street, Suite 101
San Luis Obispo, CA 93401
SUBJECT: U 68-00: 3211 Broad Street #101
Request to establish outdoor seating in conjunction with an existing
liquor store with deli
Dear Mr. Brooking:
The Planning Commission, at its meeting of May 24, 2000, approved your request, based
on the findings and subject to the conditions,as noted in the attached resolution.
The decision of the Planning Commission is final unless appealed to the City Council
within 10 days of the action. Any person aggrieved by a decision of the Commission may
file an appeal with the City Clerk.
Due to the City Water allocation regulations,the Planning Commission's approval expires
after three years if construction has not started, unless the Commission designated a
different time period. On request the Community Development Director may grant
renewals for successive periods of not more than one year each.
If your project involves building one or more additional non-residential space, it may be
subject to the requirement for a water allocation or a water usage offset. Contact this
department for details.
If you have any questions, please contact Peggy Mandeville at 781-7175.
Sincerely, cc: County of SLO Assessor's Office
Jesse & June Norris
2047 Wilding Lane
Ron d Whiseptind San Luis Obispo, CA 93401
Development Review Manager
Attachment: Resolution#5289-00
City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
z=municalions Device for the Deaf(805) 781-7410. 3-21
2—X1'1
SAN LUIS OBISPO PLANNING COMMISSION
arTacHti;Eevr ~t
RESOLUTION NO. 5289-00
WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct
a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on May 24, 2000, pursuant to a proceeding instituted under application U
68-00; Glen Brooking, applicant.
ITEM REVIEWED:
Request to establish outdoor seating in conjunction with an existing liquor store with
deli
DESCRIPTION:
On file in the office of Community Development Department, City Hall.
GENERAL LOCATION:
3211 Broad Street #101
WHEREAS, said Commission as a result of its inspections, investigations, and
studies made by itself, and in behalf of testimonies offered at said .hearing has
established existence of the following circumstances:
Findings
1. The proposed use will not adversely affect the health, safety and welfare of persons
working or residing on the site or in the vicinity.
2. The proposed use conforms to the General Plan and City Zoning Regulations
because restaurants are allowed uses in the Service-Commercial zone (Chapter
17.22).
3. The proposed use is consistent with the Crossroad planned development (PD1437)
and the Use Permit (U1390) approving a mixed-use commercial center.
4. The proposed restaurant use is categorically exempt from environmental review
(CEQA Section 15301).
3-22
ATTAMENT 7
Resolution No. 5289-00
Page 2
NOW, THEREFORE, BE IT RESOLVED, that U 68-00 be approved, subject to
the following conditions and informational note:
Conditions
1. The use permit shall be reviewed in one year, or at any time that reasonable written
complaints are received by the City of San Luis Obispo. At the review hearing, the
Hearing Officer may modify, add or delete conditions, or revoke the permit. A basis
for revocation shall be failure to comply with the following conditions.
2. The outdoor seating area shall not exceed 210 square feet (14' x 15') and shall be
setback 10 feet from the existing parking spaces at the front of the building.
3. There shall be no advertising on umbrellas in the outdoor seating area.
Informational Note
1. Establishment of the new seating areas, with the requirement for four (4) additional
spaces, may limit the property owners' ability to fill the vacant commercial space in
the center.
The foregoing resolution was approved by the Planning Commission of the City of San
Luis Obispo on motion by Commr. Cooper, seconded by Commr. Aiken, and on a
separate roll call vote:
AYES: Commrs. Aiken, Cooper, Whittlesey, Ready, Peterson, Loh and Osborne
NOES: None
ABSENT: None
Arnold B. Jonas, Secretary
Planning Commission
Dated: May 24, 2000
3-23
DRAFT ATfACHNIENT 7
SAN LUIS OBISPO
PLANNING COMMISSION
MEETING MINUTES
MAY 24, 2000
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
The San Luis Obispo Planning Commission was called to order at 7:04 p.m. on
Wednesday, May 24, 2000, in Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California.
ROLL CALL:
Present: Commissioners Jim Aiken, Allan Cooper, Mary Whittlesey, Stephen
Peterson, Alice Loh, Orval Osborne, and Chairman Paul Ready
Absent: None
Staff Recording Secretary Leaha Magee, Associate Planner Peggy Mandeville,
Development Review Manager Ron Whisenand, Long Range Planning
Manager John Mandeville, City Engineer Jerry Kenny, and Assistant City
Attorney Gilbert Trujillo.
ACCEPTANCE OF THE AGENDA:
The Commission reached consensus to hear Agenda Items 5A out of order.
After brief discussion of the agenda, Commissioner Aiken moved to continue Item 3 to
June 14, 2000. The motion was seconded by Commissioner Whittlesey and
unanimously approved.
PUBLIC COMMENT ON NON-AGENDA ITEMS:
There were no non-agenda comments made.
COMMENT AND DISCUSSION:
5. Commission:
A. Cable casting Planning Commission Meetings — City Clerk Lee Price presented the
City's cable casting strategic plan, noting PEG programming/cable casting will begin
in September.
PUBLIC HEARINGS:
1. 3211 Broad Street, #1, Use Permit Application U 68-00: Request to establish
outdoor seating in conjunction with an existing liquor store deli; C-S-PD zone; Glen
Brooking, applicant.
3-24
Draft Planning Commission rtes ATTACH►uIENT r01
May 24,2000
Page 2
Associate Planner Peggy Mandeville presented the staff report and recommended
approving the use permit based on findings and subject to conditions.
Commissioner Loh had staff review the site plan and seating configuration.
Commissioner Cooper asked if staff explored the possibility of this being a restaurant
use rather than a specialty-type use.
Development Review Manager Ron Whisenand stated the non-conforming use relates
to the liquor store, noting that they are no longer allowed in Service-Commercial areas.
Commissioner Aiken noted the indoor seating area appears to be the same size as the
outdoor seating area.
Manager Whisenand stated that staff has verified the seating area, and that the interior
area set aside for seating is approximately 80 square feet.
Commissioner Aiken stated that if the project were approved, it would be very difficult
for the property owners to lease the two vacant properties. He asked if.the property
owners are willing to accept this.
Manager Whisenand deferred the question to the property owners, but noted staff
expressed similar concerns.
Commissioner Whittlesey had staff review the parking allotment for restaurants and
asked if the property owner could lease vacant space and have the tenant deal with the
fact that there is no parking.
Manager Whisenand replied yes, but added that without sufficient parking, the City has
the ability to reject business tax certificates.
Commissioner Loh questioned staff on the parking reduction.
Manager Whisenand stated the Commission has the opportunity to approve, deny, or
condition the permit. He explained that staff supports approval because this proposal
meets the criteria under the parking regulations.
There were no further comments or questions and the public comment session was
opened.
PUBLIC COMMENTS:
Glen Brooking, applicant, explained that the parking impact at the Crossroads Center
only exists from 11:30 to 1:00 daily and his intent for the proposal is to expand his
evening and weekend business, which will also increase business for others in the
center. He reviewed the proposed outdoor seating area.
3-25
Draft Planning Commission D es ATTACHMENT a'
May 24,2000
Page 3
Commissioner Cooper asked how the Laverne University parking situation is working in
the center.
Mr. Brooking stated that there are no problems.
Commissioner Aiken asked if the conditions of approval are acceptable.
Mr. Brooking stated the conditions are fine, but noted he did not receive the staff report
prior to the hearing.
Commissioner Aiken asked if the parking situation has been discussed with the property
owner.
Mr. Brooking stated the owner has reviewed the plans, walked the site, and is
supportive of the proposal.
Commissioner Whittlesey questioned the televisions in the deli.
Mr. Brooking stated the televisions go along with the sports theme of the restaurant.
Commissioner Loh noted a square footage difference in the drawings and asked if Mr.
Brooking would be willing to limit outdoor seating area to 14 x 15 square feet.
Mr. Brooking stated he would comply with Condition 2, which limits the outdoor seating
area to 210 square feet.
Susan Morris, 394 Woodbridge, Crossroads Center representative, said she supports
Mr. Brooking's ideas, but stated she was not aware that they would be down to one
parking space for the vacancies in the center.
Commissioner Aiken asked if the owners realized that Mr. Brooking's proposal, if
approved, would have an impact on the ability to lease vacant space at the center.
Ms. Moms responded that this could be a problem for a new tenant.
Manager Whisenand suggested a continuance to allow time for further review by the
owners.
Ms. Morris stated the owner she represents would be concerned about future available
tenant parking and did not believe he was aware of the potential parking ramifications.
Chairman Ready asked if Mr. Brooking has a lease that encompasses the outdoor
seating.
Ms. Morris stated this would be a new arrangement that has not yet been formalized.
Seeing no further speakers come forward, the public comment session was closed.
3-26
Draft Planning Commission i tes .,
May 24,2000 ATTACHMENT b
Page 4
COMMISSION COMMENTS:
Commissioner Cooper moved to approve the use permit based on findings and subject
to conditions as presented by staff. Commissioner Aiken seconded the motion.
Commissioner Whittlesey asked that the motion reflect a correction to Condition 1 to
delete "above-stated" from the last sentence.
Commissioners Cooper and Aiken accepted the amendment to the motion.
Commissioner Whittlesey commented that the original mixed residential/commercial use
of this development has never come to fruition.
AYES: Commrs. Cooper, Aiken, Whittlesey, Peterson, Loh, Osborne, and Ready
NOES: None
ABSENT: None
REFRAIN: None
The motion carried unanimously.
2. 12395 Los Osos Valley Road, ANNX/R, MS and ER 51-00: Request to annex
approximately 53 acres of the Froom Ranch and prezone the property to Retai
mercial (C-R); minor subdivision to create four parcels ranging in size ff,6m 10 to
16. res with a 5.5 acre remainder parcel; and environmental review; adonna
Constru 'on Company, applicant.
Associate Planne eggy Mandeville presented the staff report d recommended that
the Planning Commi n recommend that the City Council introduce an ordinance
prezoning the 53-acre sit to C-R (Retail-Commercial), (2 dopt a resolution approving
the vesting tentative parcel based on findings an ubject to conditions and code
requirements and adopting th Mitigated Negaf Declaration, and (3) adopt a
resolution recommending that the ocal Age Formation Commission (LAFCO)
approve the annexation of 53 acres on so side of Los Osos Valley Road.
Commissioner Osborne noted the Co missi did not receive the County EIR for
review of this project and asked in )+ at way wou this project have been considered
differently if it had been presentee the City first.
Manager Whisenand state the only difference is that it is ing treated as developed
property.
i
Commissioner Osborne commented that the General Plan goals sup ort preservation of
agricultural land and views of the hills and opposes the worsening of affic and smog.
He felt this pr ject seems to contradict all of the goals. He had staff c ment on the
calculation sed for determining the open space dedication.
Man er Whisenand noted one of the benefits of having the project in the ci that
fut re development of lots will go through the City's Architectural Review Commi sion
3-27
ATTACwh,ENT
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION STAFF REPORT ITEM#
BY: John Shoals, Associate Planner (781-7170,, . MEETING DATE: May 24, 2000
FROM: Ron Whisenand, Development Review Manag—Z .-
FILE NUMBER: U68-00
PROJECT ADDRESS: 3211 Broad, Suite 101
SUBJECT
Use Permit to allow an outdoor seating area in conjunction with an existing grocery/liquor store
and deli at the Crossroads Mixed-Use Commercial Center.
RECOMMENDATION
Approve the use permit based on findings and subject to conditions.
BACKGROUND
Situation
In June of 1990, the Planning Commission approved Use Permit 1486 to allow a grocery store
and deli in the Crossroads Center. According to City files, the approved building plans showed a
liquor store and deli with a full service area, including beverages and condiments, at the rear of
the store, but no seating. The owner of Crossroads' Liquor and Deli would like to add patron-
seating area to existing deli. His plans are to remodel the store's interior by relocating the
existing deli to the front of the store, adding a small indoor seating area as well as some outdoor
seating. This request is coming to the Planning Commission because as a condition of the
planned development approval, certain land uses such as restaurants and sandwich shops require
Planning Commission approval. In addition, staff felt that the project represents a significant
enough change to the existing use that the Commission should review it.
Data Summary
Address: 3211& 3165 Broad
Applicant: Glen Brooking
Zoning: Service C-S-PD (Service Commercial with a Planned Development overlay)
General Plan: Services and Manufacturing
Environmental status: Exempt
Project action deadline: Not applicable
Site Description
The site is approximately 1.87 acres and developed with approximately 23,000 sq. ft. of
commercial uses, six studio apartments and 103 parking spaces. Attachment 2 is the approved
3-28
U68-00 (Brooking) ATTACHMENT
3211 Broad
Page 2
site plan which the buildings, parking, loading and landscape areas of The Crossroads. The
location of the site is shown on the vicinity map (Attachment 1). Surrounding land uses include
service commercial and residential uses.
Project Description
The project is a use permit to allow patron seating in conjunction with an existing liquor
store/deli in The Crossroads Mixed-Use Center. The applicant's plans are to remodel the store's
interior to relocate an existing deli with service area to the front of the store and to add indoor
and outdoor seating. Project plans call for 280 square feet of seating area-80 sq.ft. indoor and
200 sq.ft. outdoors. According to the applicant, the seating areas will accommodate
approximately six small tables and about 24 people. Hours of operation will remain the same
(Monday through Thursday 6 a.m. to 11 p.m., Friday and Saturday 7 a.m. to 12 midnight, and
Sunday 7 a.m. to 10 p.m.). The applicant's statement and new floor plan are included as
Attachment 3. Attachment 4 shows the proposed location of the outdoor seating area.
EVALUATION
General Plan Consistency
Because the General Plan Land Use Element was updated after the Crossroads PD was approved
in 1989, many of the retail specialty type uses (i.e., grocery, liquor and specialized foods)
originally approved for the Crossroads project no longer conform to the adopted General Plan,
and are considered to be legal non-conforming use's. Normally, non-conforming uses are not
allowed to expand their operation. However, recognizing that the 1994 Land Use Element
Update could impact existing uses and businesses, the City Council adopted a policy to mitigate
those potential impacts. General Plan Land Use policy 3.5.3 provides for the expansion of
certain non-conforming specialty retail uses in areas designated "Service and Manufacturing," if
they are compatible with nearby uses and will not divert trade from other general-retail or
neighborhood-commercial areas which are better located to serve the expected market area.
Since these circumstances apply to The Crossroads, Crossroads Liquor and Deli can expand its
operation consistent with this General Plan policy. Staff finds that the proposal to be consistent
with this General Plan policy.
Type of Use
There is a question of whether the proposed changes will modify the existing use's focus and
operation. The existing use is a grocery/liquor store with a full-service deli, where customers
purchase convenience items or food and leave the premise in a relatively short time. Adding
patron seating will allow individuals to have lunch and dinner on the premise, which will mostly
likely lead to longer visits. There is also the possibility that the use could function as a restaurant
or bar on certain occasions. The applicant has applied to the State Alcoholic Beverage and
Control department (ABC) for a license to serve beer and wine in the deli area. Staff notified the
3-29
U68-00 (Brooking) ATTACHIV, 7
3211 Broad
Page 3
ABC of this concern, and they will be requiring that alcohol be served with food and that the
business submit evidence showing that the sales of alcoholic beverages do not exceed the sales of
food items.
Parking
In November of 1999, the Planning Commission approved a 25% parking reduction (a 10% for
shared parking and 15% for mixed use parking) for The Crossroads. This reduction dropped the
center's overall parking requirement from 137 spaces to 103 spaces. There are 103 total parking
spaces at The Crossroads. 93 parking spaces (excludes 10 enclosed spaces for the apartments)
are available for commercial uses.
Attachment 5. lists existing uses and their parking requirements. As shown in the table, the
existing commercial uses have a parking requirement of 89 parking spaces (119 spaces less 25%
equals 89 spaces). The existing liquor store/deli has a parking requirement of 19 spaces (one
space per 200 square feet of gross floor area). The use with patron seating is required to provide
23 spaces at a rate of 1/60 sq.ft. for the seating areas and 1/200 sq. ft. for the remaining floor
area, including food prep. With the proposed project, commercial uses will have a parking
requirement of 92 spaces (123 spaces less 25% equals 92 spaces). Based on these parking
calculations, there is enough parking to accommodate the project and the existing commercial
uses.
However, it should be noted that with approval of the project, there would only be one parking
space available for future commercial uses. As shown in the parking calculations, the parking
demand from existing and expected future uses may exceed the parking supply depending on the
mix of. uses and building occupancy. The center has about 2,200 square feet of vacant
commercial floor area remaining. Depending on the uses that occupy these vacant spaces, the
center's overall parking demand will most likely exceed supply making it difficult for the owners
to fill the remaining tenant spaces unless:
1. The mix of uses changes to reduce the overall parking demand (e.g. a restaurant use with
a high parking requirement is replaced with less parking intensive use);
2. Additional parking spaces are provided on site, or off-site at a city-approved location; or
3. The City approves an additional parking reduction due to mixed uses. Planning
Commission approved a 25% reduction for shared and mixed uses, City Codes allows up
to a 30% reduction upon finding that the times of maximum parking demand from
various uses will not coincide (Zoning Regulations, Section 17.16.060C).
According to the center's owner, onsite parking is usually available, although more tenant
cooperation is needed to avoid minor conflicts over employee versus customer parking, i.e.,
employees. need to park in spaces at the rear of the center to allow easy customer parking.
3-30
ATEA CHIMFNT'1 7
U68-00 (Brooking)
3211 Broad
Page 4
Businesses currently with the highest parking demand are the liquor/deli, Cool Cats and
Crossroads Video and Laverne University. At lunchtime, the center experiences a "tight"
parking situation where some vehicles have been observed parking illegally in front of the trash
enclosures. On-street parking is very limited, and not convenient to the center. It is likely that
the change in the character of the use (including expanded seating areas) will further impact
parking at the center. However, as previously noted, the proposed use complies with the City's
parking standards. Consequently, the center's owners and tenants need to exercise both patience
and cooperation to manage the parking situation.
Outdoor Seating Layout and Advertising
Project plans show the outdoor seating area at the northwest corner of the building with a new
doorway connecting the deli and patio area. Access would also be provided from the existing
walkway along the front of the building. Staff has identified two concerns with the proposed
outdoor seating area— layout and advertising on umbrellas.
Project plans call for a 200 square foot outdoor seating, but show a slightly larger area (225
sq.ft.). If not properly designed, this larger seating area could affect the existing walkway and
parking spaces along the front of the building. State law requires that a minimum 4-foot path of
travel at the front of the building and the outdoor seating area. In addition, the center's approved
site design included a 2.5-foot car overhang for the parking spaces. To comply with both of
these requirements, a minimum 6.5-foot wide sidewalk must be maintained between the outdoor
seating area and the parking lot. The approved building plans show a 14-foot wide walkway (at
the front of the building), leading to a wider courtyard area on the west side of the building. As
proposed, the seating area projects about four feet into the walkway leaving about 10 feet
between the area and parking lot. The other concern with a larger outdoor seating area is
parking. Specifically, a seating area would require additional parking spaces and further impact
the center's parking situation. If the outdoor seating area is limited to 210 sq.ft. (14' x 15'), the
liquor store/deli with patron seating would comply with all applicable requirements. Staff is
recommending a condition to that effect.
The second concern stems from signage and advertising on umbrellas. In the past, there have
been problems with umbrellas, in outdoor or patio seating areas, advertising beer and other
products. .It is staff's opinion that the use of umbrellas for advertising is contrary to the purpose
and intent of the City's Signage Regulations, which is to ensure that sign are used primarily for
identification rather than advertisement. To assure compliance with City Sign Regulations and
to implement the goals of the General Plan, it is recommended that advertising not be allowed on
any umbrellas used in conjunction with the outdoor seating area.
OTHER DEPARTMENT COMMENTS
No other departments had comments.
3-31
U68-00 (Brooking) ATTACHPIIEENT
3211 Broad
Page 5
ALTERNATIVES
1. Approve the use permit with modified findings and conditions.
2. Continue the use permit with specific direction to the applicant and staff on additional
information or project changes needed.
3. Deny the use permit based on the appropriate findings.
RECOMMENDATION
Approve Use Permit U68-00 based on the following findings and subject to the following
conditions:
Findings
1. The proposed use will not adversely affect the health, safety and welfare of persons working
or residing on the site or in the vicinity.
2. The proposed use conforms to the General Plan and City Zoning Regulations because
restaurants are allowed uses in the Service-Commercial zone (Chapter 17.22).
3. The proposed use is consistent with the Crossroad planned development (PD1437) and the
Use Permit (U 1390) approving a mixed-use commercial center.
4. The proposed restaurant use is categorically exempt from environmental review (CEQA
Section 15301).
Conditions
1. The use permit shall be reviewed in one year, or at any time that reasonable written
complaints are received by the City of San Luis Obispo. At the review hearing, the Hearing
Officer may modify, add or delete conditions, or revoke the permit. A basis for revocation
shall be failure to comply with the above-stated conditions.
2. The outdoor seating area shall not exceed 210 square feet (14' x 15') and shall be setback 10
feet from the existing parking spaces at the front of the building.
3. There shall be no advertising on umbrellas in the outdoor seating area.
3-32
U68-00 (Brooking) ATTACHMENT 7
3211 Broad
Page 6
Informational Note
1. Establishment of the new seating areas, with the requirement for four (4) additional spaces,
may limit the property owners' ability to fill the vacant commercial space in the center!
ATTACHMENTS:
uP4lnelemerPP1*— Applicant's statement
6)
JShoals/PGU68-00(Brooking)
3-33
City of San Luis Obispo ATTACHMENT 'r
Application Information for Administrative Use Permit
Existine Business
Crossroads Liquor and Deli
3211 Broad Street, Suite 101
San Luis Obispo, CA 93401
Proposed Plan
I am planning to move the existing deli from the back of the store to the front of the store.
I will be adding a small beverage counter and a short partition wall to separate the deli
from the liquor/convenience store. I will be applying to the ABC for an on-sale liquor
license to serve beer and wine in the deli area. The seating space will be limited, but I
hope to have room for three tables to seat approximately twelve customers inside this
area I would also like to make use of a portion of the open area in front of the store for
some outside seating by constructing a short wrought iron fence and adding three tables.
This outside area could also accommodate seating for approximately twelve people.
The deli will continue to offer a menu similar to what currently exists. The focus of this
change is on evening and weekend business. The intent is not to have a large group of
people staying for lunch, but to expedite the customer flow at lunch with the deli being
more easily accessible near the front of the store. We will also increase from one cash
register to three registers to assist getting customers in and out of the store quicker at
lunchtime. One additional employee will be required in the evening and on weekends.
All employees who drive to work are required to park in the back parking lot or on the
street. Approximately half of the current employees either walk or ride their bike to
work.
The hours of operation will remain the same(Monday through Thursday 6 am. to
11 p.m., Friday and Saturday 7 am. to 12 midnight, and Sunday 7 am. to 10 p.m.).
In the past six weeks we have conducted an informal survey with hundreds of customers
to determine if this type of change in the business operation would be desirable and
viable. The overwhelming consensus by those people living within walking distance is
highly positive. They have expressed a need for this type of business in their
neighborhood. In fact, the most commonly asked question directed to us is`when will it
be readyT'
This change should be a positive for the people in the local neighborhood and the other
businesses in the shopping center. The expedited traffic flow during the peak lunch hours
will help to alleviate parking congestion. The added draw of customers to the center at
normally slow times should potentially benefit the other businesses. Our actual customer
parking requirements should not be any greater due to this change and should not
adversely impact the other businesses.
3-34
4 ATTACHMENT 7
Y,
r�UfRO- ' EATIO(_j perI;Ae 191—
_J
APPROV
4PR..',,200;
P
/o AY
au"n.k1c ows
CRY OrSAN LUIS 01.
401
wzc�clv-
A
( .
'Ir s
.07 V
.112
41
52
oArl
El 31,
r 37
GH.
Z)61 It pew I
L,,JL ac *jW_ i
19 AwlRowl'k- fll PX165
4w A -W&
4.
sTYO
WALK-ld CcoLEPI
:F-rAggr ()
__ _ ELI�
3-35