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HomeMy WebLinkAbout08/03/2004, PH4 - APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A USE PERMIT TO ALLOW AN OUTDOOR BARBEQUE IN C council IM.�fmgDm �3- j aciEnaa Repom I,�N CITY OF SAN LUIS 08,ISP0 FROM: John Mandeville, Community Development Dire PREPARED BY. Jaime Britz, Planning Technician T SUBJECT: APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A USE PERMIT TO ALLOW AN OUTDOOR BARBEQUE IN CONJUNCTION WITH AN EXISTING DELI (OLD COUNTRY DELI) AT 600 MARSH STREET (AP-PC 49-04). CAO RECOMMENDATION Adopt a resolution, denying the appeal, and upholding the Planning Commission action to approve the Use Permit to allow the outdoor barbeque, based on findings, and subject to conditions. REPORT-IN-BRIEF The Hearing Officer and Planning Commission have approved limited use of outdoor barbeques in conjunction with an existing deli at 600 Marsh Street (Old Country Deli). It was determined that the use is appropriate at the site, with conditions of approval limiting days and hours of operation. The Hearing Officer and Planning Commission's decision is being appealed by Dennis Adams, owner of an adjacent business, Foster's Freeze. The appellant believes that the outdoor barbeque generates excessive smoke and is incompatible with the neighborhood. The appellant also believes that the barbeques constitute a potential fire hazard, create hazardous waste run-off, and that the smoke constitutes a public & private nuisance. Further arguments are presented in the report. The Council has been provided with a record of the Hearing Officer and Planning Commission's decision and with several letters both in support and adversarial to the proposed use. Staff is recommending that the City Council deny the appeal and affirm the Planning Commission's determination. DISCUSSION Situation The applicant is requesting approval of an outdoor barbeque to provide fresh cooked meats in conjunction with the existing deli business. The Hearing Officer approved the outdoor barbeque with conditions, including limited days and hours of operation, on May 21, 2004, based on findings and subject to conditions (see Attachment 3, approval letter). Two separate appeals of the Hearing Officer's Use Permit approval were received (Attachment 4, appeal forms). On May 28, 2004, Dennis Adams, the owner and operator of Foster's Freeze, located at 590 Marsh submitted an appeal in which he opposed any outdoor barbeque at this site. On June 2, 2004, Norm Eggen, owner and operator of the Old Country Deli, submitted an appeal objecting to the limitations imposed by the Hearing Officer. + 1 Council Agenda Report—Planning Commission Appeal of Use Permit 49-04 600 Marsh Street Page 2 On June 23, 2004, the Planning Commission heard the appeals and upheld the Hearing Officer's determination, approving the Use Permit with modifications to project conditions to allow a second barbeque on Thursday nights (see Attachments 5, 6 and 7, Planning Commission meeting minutes (draft), resolution and staff report). On July 2, 2004, Dennis Adams filed an appeal of this decision. Mr. Adams has included an attachment to his appeal form which provides a detailed discussion of his concerns with the outdoor barbeque. Subsequently, on July 13, 2004, Mr. Adams submitted another letter to the City reiterating three points from his earlier letter: Municipal Code regulations regarding burning of combustibles, Public Nuisance regulations, and Code Enforcement relating to the applicants use of the outdoor barbeque prior to receiving a Use Permit (Attachment 8). The City has received three additional letters regarding this project; the first from the Downtown Association voicing their support for Mr. Eggen and the use of an outdoor barbeque, and two letters from individuals working in the area who support the appellant and feel that the impacts of outdoor barbequing outweigh any benefit to the applicant (see Attachment 9). Analysis The central issues with the outdoor barbeque have been smoke and neighborhood compatibility. Mr. Adams' appeal of the Planning Commission's action notes these and also identifies several additional concerns. The appellant submitted the same list of concerns at the Administrative Hearing, in his appeal to the Planning Commission, and also in his appeal to the City Council. These concerns have been evaluated by both the Hearing Officer and the Planning Commission, and are addressed through approved project conditions. The Planning Commission staff report provides additional background information and a thorough analysis of project issues (Attachment 7). The following analysis was prepared by staff addressing each appeal issue as stated on the appeal form. ANALYSIS OF APPEAL The text in bold italics is from the appeal form, followed by a staff response. 1. "Barbeque activity and excessive smoke constitute a public nuisance. See Municipal Code 8.24.020. During certain periods of the day, the smoke, which is created by a mixture of wood, cardboard,paper and animal fat is oppressive to all the surrounding area, and particularly to my business and customers. We have almost daily complaints from customers regarding the smoke, and our facility and the clothing of our employees and customers becomes permeated by a smoke smell. Clearly, the benefits to the applicant and selected customers of Old Country Deli are far outweighed by the determent to neighboring businesses, traffic (and particularly when heavy smoke crosses Marsh Street), and passersby." Section 8.24.020 of the Municipal Code defines a public nuisance as "any structure, thing or use in violation of any requirement or prohibition of any law, ordinance or permit related to the condition, maintenance or use of the premises; any unlawful encroachment; the occurrence of more than two loud or unruly assemblages in any sixty-day period; or anything constituting a public nuisance as specifically defined or declared by any other law or ordinance." Although 4-r. Council Agenda Report—Planning Commission Appeal of Use Permit 49-04 600 Marsh Street Page 3 no law or ordinance specifically addresses smoke as a public nuisance, Section 17.18.040.B of the Municipal Code addresses air contaminates in general, providing that "Uses shall be conducted to prevent dust or other airborne material from crossing property lines". Both the definition of a public nuisance and Zoning Regulation Performance Standards addressing air contaminants are somewhat subjective. By approving the use with mitigations, it was the intention of both the Hearing Officer and Planning Commission to reduce the impacts of the use so that it does not become a public nuisance. Sections 3479-3484 of the Civil Code expand on what constitutes a public nuisance, Section 3479 defining a public nuisance as "Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the.comfortable eniovment of life or property, or unlawfully:obstructs the free passage or use, in the:customary manner, of any navigable lake,or river, bay,stream,canal,or basin,or any public park,square,street,or highway, is a nuisance. Section 3480 further defines a public nuisance as "One which affects at the same time an entire community or neighborhood, or any considerable number of persons;.although the extent of the annoyance or damage inflicted upon individuals may be unequal." Asthere is no objective threshold by which to judge when normal, appropriate use of an individual's property becomes injurious to the health or offensive or an obstruction to a considerable number of people, the Hearing Officer and Planning Commission made determinationsthey deemed appropriate to the situation. The Hearing Officer's and Planning Commission's decision to allow the use with reasonable limitations to address potential impacts is an appropriate application of the Civil Code. 2. `Barbeque activity and excessive smoke constitute a private nuisance." The appellant believes that the smoke generated by the applicant's barbeques is a public nuisance to his business, his customers, and others in the vicinity. The Hearing Officer and Planning Commission concluded that the impacts of smoke generated by the barbeques could be appropriately mitigated by limiting the applicant to one barbeque, with the exception of allowing two on Thursday nights, and by restricting the days and hours of operation. 3. "Applicant has been in violation of applicable ordinances for a significant period of time, and should not be rewarded for such activity." The applicant established the Old County Deli in 1983 and over time has added outdoor barbequing and seating to his business. Since establishing an outdoor barbeque around 1984, the applicant has increased the number of barbeques operating at the site and added outdoor barbequing more days per week. On September 19, 2003, the Code Enforcement Officer received a complaint regarding activity in the Old Country Deli parking lot, namely the increasing use of outdoor barbeques and 2 4� J Council Agenda Report—Planning Commission Appeal of Use Permit 49-04 600 Marsh Street Page 4 associated impacts to site and area parking and deteriorated air quality. At this time it was determined that there were several potential violations, including: lack of a Use Permit to allow "Other outdoor sales"; barbeque and food distribution areas encroaching into required parking; lack of sufficient parking spaces to serve the current use of the site (including outdoor food preparation and seating areas); and banners and pendant signs that are prohibited by the Sign Ordinance (see Attachment 9, code enforcement memo). After meeting with the Code Enforcement Officer and learning that the expansion of his business to include outdoor barbequing and on-site seating requires a permit from the City, the applicant applied for an Administrative Use Permit on March 17, 2004. Consistent with City policy, review of the proposed use has been conducted as if it were in fact a new use at the site, giving neither preference to the applicant, nor punishing him for past violations in his efforts to legalize his operations. 4. "Applicant has ignored previous directives and requests from City officials, and continues to .operate two to three barbeques/pits for.several days each.week" Upon being informed that he was in violation of City permit requirements the applicant has complied with all permit processing requirements. As discussed above, On September 19, 2003, the Code Enforcement Officer received a complaint regarding activities at the Old Country Deli. The. applicant was not required to cease the barbeque operations during the investigation of the complaint. After meeting with the Code Enforcement Officer and learning that the expansion of his business to include outdoor barbequing and on-site seating required a permit from the City, the applicant applied for an Administrative Use Permit on March 17, 2004. Since the May 21, 2004 meeting at which the Hearing Officer approved the limited use of an .outdoor.barbeque no complaints or requests for inspection have been filed with the City, nor is the City aware of the occurrence any violations. 5. "Grant of use permit would either constitute unequal treatment among other similarly situated businesses, or set a precedent which will encourage open barbeque pits throughout the city." Allowing a barbeque at Old Country Deli does not result in unequal treatment. Barbeques are requested by other businesses and considered on a case-by-case basis. The Hearing Officer, Planning Commission; and City Council have acted on several other requests for outdoor barbeques in the past. As with the current request, discussion regarding previous requests has centered on the issue of smoke, and has been mitigated by placing restrictions upon the days and hours of operation. In 1989, the Hearing Officer approved the use of an outdoor barbeque at the Cork N' Bottle liquor store at 774 Foothill Boulevard. This approval was limited to four days per week with restricted hours. This permit was ultimately revoked by the City Council, as it was determined that applicant was not in compliance with several of the conditions of approval (Resolution No. 7013 (1991 Series)). In 1990, the Hearing Officer again approved an outdoor barbeque with limited days and hours of operation at the Campus Bottle Shop at 290 California. The applicant appealed the conditions of approval to the Planning Commission, who upheld the Hearing Officer's determination and approved the use with modified (and more restrictive) conditions. At each of 4 ,4 i Council Agenda Report—Planning Commission Appeal of Use Permit 49-04 600 Marsh Street Page 5 these hearings smoke was a central issue being discussed and was mitigated by restricting the days and hours of operation similar to those restrictions imposed upon the Old Country Deli. The Hearing Officer has also acted on requests to allow outdoor barbequing at two supermarkets. Scolari's Food & Drug Company at 1321 Johnson was denied a use permit due to smoke and noise impacts at its proposed creek side location in close proximity to residential uses. A use permit was approved for Alberson's Grocery at 1314 Madonna Road to allow an outdoor barbeque, with restrictive hours, because the proposed location was away from customer use areas, residential zones and the street right-of-way. 6."Barbeque pits constitute a potential fire hazard." This item was routed to the Fire Department for comments, which were incorporated into the projects conditions of approval..With compliance.to.these.conditions the use_will.be.in.conformity . . . with all Fire Department Regulations. 7. "The cleaning of the barbeque pits may include the unauthorized disposal-of materials, including possibly hazardous waste, into storm drains." This item was routed to the Public Works and Utilities Departments for comments, which were incorporated into the projects conditions of approval. With compliance to these conditions the use will be in conformity with all City regulations pursuant to wastewater and solids disposal. 8. `Barbeques and food distribution areas encroach into required parking spaces." The applicant is located within the Downtown Parking District and is therefore eligible to provide the required parking through the payment of in-lieu fees, as required by project conditions of approval. 9. "Applicant has utilized unauthorized signage at the premises." Unauthorized use of the site, including any unpermitted signage, has been addressed by the Code Enforcement Officer since the September 19, 2003 complaint. Please see the discussion under issue number 3. 10. "All applicable agencies have not been solicited for comment/approval ((Le., APCD, Fire Department, etc.)." All applicable agencies have been contacted, and their concerns addressed through conditions of approval. The Air Pollution Control District was contacted prior to the Administrative Hearing but had no comment. ll. "Application for use permit contains technical deficiencies, including lack of signature for property owner authorization:" Council Agenda Report—Planning Commission Appeal of Use Permit 49-04 600 Marsh Street Page 6 The property owner, Bob Henderson, signed the original application on March 17, 2004. The application was considered complete at the time of submittal. 12. "The concept of "other outside sales" within the zoning regulations does not allow use to exceed 90 days." This statement is incorrect; Section 17.18.020.B of the City Zoning regulations states that "Outdoor sales" may be temporary, intermittent, or permanent. 13. "Use by applicant poses a threat to public health." Restrictions upon the use were incorporated into the conditions of approval to reduce potential impacts upon the public. Because there is no objective measure of the public health in this situation, ......the. Hearing-Officer's, Planning,Commission's,. . and, City Council's..decision will constitute a . determination on the significance of the threat. 14. "Use violates Municipal Code (see II02.3.1), and specifically the requirement that no waste matter, combustible material or refuse shall be burned in the open air without the. express authorization by the Chief of the Fire Department." Concerns of the Fire Department included distance of the barbeque pits from combustible materials, keeping all lit barbeques stationary, and the method of extinguishment. These concerns have been address through incorporation of all recommended conditions of approval. 15. "It is not sensible for the City to allow a visually unattractive and environmentally unsound operation at the one of the gateways to the downtown area. . Review of the proposed outdoor barbeque was limited to compliance with established City regulations. These included conformance to zoning regulations performance and property development standards, parking requirements, use permit requirements, fire and building code, and public works and utilities department standards. This type of use is not subject to Architectural Review. No evidence has been provided that demonstrates the use will create a significant adverse impact on the environment; as defined under CEQA. Conclusion The proposed outdoor seating and "restaurant" use is consistent with the site's land use designation of General Retail and is an allowed use within the Downtown Commercial (CD) zoning district with the approval of an Administrative Use Permit. As conditioned by the Hearing Officer, and the Planning Commission, the findings can be made to support the proposed land use at this location while maintaining consistency with the General Plan. The potential impacts of the use, such as smoke and wastewater disposal, that could negatively affect other businesses and the public's enjoyment of the downtown have been adequately addressed through restrictions on the business. 4- 4 i Council Agenda Report—Planning Commission Appeal of Use Permit 49-04 600 Marsh Street Page 7 Environmental Determination The additional use of a barbeque at this site is categorically exempt from environmental review, consistent with Section 15301 of the CEQA Guidelines. Section 15301 allows minor alterations and additions to existing facilities in locations that are not environmentally sensitive to be exempt from environmental review. The resolution approving the Use Permit adopts the proposed environmental determination. CONCURRENCES All applicable City departments have been contacted, and their concerns addressed through conditions of approval. Two City departments, Fire and Public Works, had concerns specific to the use of•an outdoor barbeque that were .addressed to their. satisfaction by restrictive use .permit conditions. Specifically, the Fire Department required that any barbeque be placed at least 10 feet from any building or combustible material, that no barbeque be moved once lit, and that all barbeque pits be extinguished by smothering or allowing the fire to burn out until cool so as to minimize contaminated water entering storm drains. Public Works required that project plans and description of operations be amended to preclude the runoff of water from the firebox to the City street/public storm drain. The Air Pollution Control District was contacted prior to the Administrative Hearing, but provided no comments on the proposed use. FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Accordingly, since the proposed project is consistent with the General Plan, it may only have a neutral fiscal impact. ALTERNATIVES 1. Uphold the appeal, thereby overturning the action of Planning Commission and denying the use permit to allow outdoor barbequing based on findings that given the project's location at a visible and busy comer of the downtown, and the potential impacts of the use, such as smoke and wastewater disposal, could negatively affect other businesses and the public's enjoyment of the downtown (Attachment 12). 2. Continue the item for additional analysis or research.. ATTACHMENTS Attachment 1: Vicinity Map Attachment 2: Site plan and project details Attachment 3: Administrative Hearing Minutes and approval letter Council Agenda Report—Planning Commission Appeal of Use Permit 49-04 600 Marsh Street Page 8 Attachment 4: Administrative appeal forms Attachment 5: June 23, 2004 Planning Commission Meeting Minutes (Draft) Attachment 6: June 23, 2004 Planning Commission Follow Up Letter& Resolution Attachment 7: June 23, 2004 Planning Commission staff report Attachment 8: Planning Commission Appeal to City Council Attachment 9: Correspondence Attachment 10: Draft Resolution upholding Planning Commission and approving Use Permit Attachment 11: Draft Resolution upholding appeal and denying Use Permit G:UBritzNAdmin(A)\49-04 A(600 Marsh)Old Country Deli\AP CC 49-04 Old Country Deli.doc 4-7 PF-H att ch t I O-H �y O-H -D- C-D-H OP�P C9�0 Fy PF-H O-H -3- C-D 10 C-D-H GJ 1'09 O C-D-H C-D C-D C-D 0% P�y� tl` O C-D O C-D �G C-D QPG�F O R-4 C-R O-H R-2-H C-R PF-H 0, R-4 -2- VICINITY MAP File No . 49®04 N 600 Marsh A Attachment 2 IT 4 - 10 Attachment 2 Old Country Deli requests a permit to operate a wood burning BBQ in it's parking lot to offer fresh cooked meats and sides for sale. A description of the operation follows. Location: Moveable BBQ, 5 ft by 9 ft, occupies one parking slot on the Marsh St. side of the lot. Heat source: Oak cord wood is started with cardboard, paper, and fat. The fire is lit two hours prior to serving time; one hour to burn down and one hour to cook the first food. Customer service area: Adjacent to the BBQ, out of the parking lot near the building, consisting of a 2 ft by 6 ft table with supplies and cash register and a rolling board- topped cutting table attached to the BBQ pit. Sign: 1) 2 ft by 8 ft painted plywood above the BBQ with the words "Old Country Deli Bar Be Que since 1983" 2) Menu board Menu Items; Beef Back Ribs Pork Ribs Chicken Halves Tri Tip Sandos Assorted Sausage Garlic Bread Ranch Beans Cold Drinks Eating area: Tables and chairs are located outside the building in the patio area. Customer Safety: BBQ area and food presentation area are surrounded by plastic chain attached to moveable posts. Putting out the fire: Water is used to put the fire out and is contained in the fire box. Water dripping out of the box drains to the street. Non burning ash residue is shoveled out periodically and disposed in a dumpster. Hours of operation: Oct-May M,T,W 9-1 Th 9-9 F,S,S 9-6 J � May-Oct MJ,W, 9-6 Th 9-9 F.S.S 9-60 Other BBQ operations: *Thursday 2 pm to 9 pm a second BBQ pit is needed and occupies a non designated parking area at the corner of the lot. A third pit is in the parking lot from 3 pm to 6 pm and is pulled downtown for Thursday night activities. The extra BBQ pits are removed from the lot first thing Friday morning. *Some special events require a second BBQ at the store to produce enough food for the orders. Some of these include; Cal Poly and High School Graduation Downtown Parades 4 th of July Memorial and Labor Day weekends Caterings for large groups Holiday Eves Admin Hearing Minutes May 7, 2004 Page 1 ADMINISTRATIVE HEARING MINUTES FRIDAY, MAY 7, 2004 Attachment 3 4. 600 Marsh Street. Use Permit Appl. A 49-04; Request to allow outdoor BBQ and seating; C-D zone; Norm Eggen, applicant. Associate Planner Jaime Britz presented the staff report and recommended approval of one outdoor BBQ and onsite seating based upon findings and subject to conditions. Hearincl Officer Ronald Whisenand opened the hearing for public comments. Norm Eggen, 600 Marsh Street, stated he's been operating a BBQ in front of Old Country Deli since 1984 and as a result of a complaint, he became aware of the requirement of a use permit. He reviewed the history of his business, noting since the complaint had been filed he has quit using the BBQ on Mondays, Tuesdays, and Wednesdays and his business has be adversely impacted. At the request of the Community Development Department and Fire Department, his third BBQ has been relocated downtown for Farmer's Market, so he has lost a source of a production vessel. By eliminating the second pit in the parking lot as requested, he will have lost two BBQ pits and the ability to produce enough food for his customers. He is unwilling to change the method by which he prepares food because the end product would be sacrificed. He will continue to work with his neighbors to address all the issues. He expressed opposition to limitations on the number BBQs and the hours/days he can operate his BBQs. He would like to operate more than one BBQ five days/week, with outdoor activity/seating seven days/week. Mr. Whisenand questioned Mr. Eggen on catered events and operating a BBQ for special events at another location. He reiterated concerns about BBQ smoke impacts on downtown businesses and visitors Mr. Eggen stated dedicated/additional BBQs are used for special and catered events; food is prepared onsite at the deli and delivered to sites. Mr. Eggen added that when he purchased the store, there was an existing patio with benches. It was never called out that parking would need to be provided for this patio area. He noted that he has operated this business for 20 years without having a complaint lodged until September 2003. Mr. Whisenand summarized that what was once a one-time BBQ has evolved over the years into multiple BBQs operating seven days/week. He proposed continuing the public hearing to June 21 to allow for the opportunity to clarify which conditions Mr. Eggen has concerns with and for Mr. Eggen to provide more information on the outdoor seating that existed when the business was purchased.. Mr. Eggen stated a second onsite BBQ is needed at least once a week to accommodate business generated from Farmer's Market and special events. He described the 4- I3 Admin Hearing Minutes `Page'2'ent 3 manner of transporting the lit BBQ to Farmer's Market; this is no longer allowed nor done. Ms. Britz provided information on the original site plan approved in 1983 and the current site plan. Mr. Whisenand closed the public comment period and continued the item to June 21, 2004, to allow the applicant time to provide additional information on outside seating. Respectfully submitted, Leaha K. Magee Community Development Department ` - Iq. i Attachment 3 IICit y of sAn tu oBispo 990 Palm Street, San Luis Obispo, CA 93401-3249 May 11, 2004 Norm Eggen 600 Marsh Street San Luis Obispo, Ca 93401 SUBJECT: Use Permit Appl. A 49-04 600 Marsh Street Dear Eggen: On Friday, May 7, 2004, 1 conducted a public hearing on your request to allow outdoor BBQ and seating at the above location. After reviewing the information presented, I continued this item to May 21, 2004, to allow the applicant time to provide additional information on outside seating. If you have any questions, please call Jaime Britz at 781-7165. Sincerely, Ronald Whisenand Hearing Officer cc: County of SLO Assessor's Office Robert L. Henderson Tre Etal, P.O. Box 585, Arroyo Grande, Ca 93421 Project File A49-04 �� The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf(805)781-7410. Admin Hearing Minutes May 21, 2004 Page 1 ADMINISTRATIVE HEARING MINUTES FRIDAY, MAY 21, 2004 Attachment 3 1. 600 Marsh Street. Use Permit Appl.. A 49-04; Request to allow outdoor BBQ and seating; C-D zone; Norm Eggen, applicant. (Continued from May 4, 2004) Associate Planner Jaime Britz presented the staff report and recommended approval of one outdoor BBQ up to four days/week and outdoor onsite seating based upon findings and subject to conditions. She (1) noted that a complaint had been filed with the Air Pollution Control District (APCD) stating smoke from the BBQ is unhealthful for those working and living nearby and (2) read a letter from the Downtown Association stating the applicant has made considerable efforts to address the BBQ smoke issue and that the limitation of one BBQ unit would propose a serious negative impact on the Old Country Deli. Hearing Officer Ronald Whisenand questioned how the BBQ is extinguished; there was a complaint of contaminated water entering the storm drains. Ms. Britz stated the existing practice of extinguishing the BBQ is by pouring water on it. Mr. Whisenand opened the hearing for public comment. Norm Eqqen, applicant, 9210 Poplar, Atascadero, expressed concerns about the restriction of one BBQ unit, the limitation of BBQ use four days per week, the limited hours of operation, and the requirement of an additional parking space due to the increased patio seating area. He displayed photographic evidence of outdoor seating/benches dating to the '78279 Old Country Deli remodel. He noted original health and business licenses don't indicate whether outdoor seating would be used. Mr. Whisenand commented that staff is supportive of outdoor dining, but City parking regulations trigger the provision of additional parking spaces or the payment of in-lieu fees. Mr. Eggen explained the needed use of a second BBQ for special events/holidays, his desire for BBQ use more than four days/week, and extended hours of operation on Thursdays and holidays until 9:00 p.m. Ms. Britz noted the hours of operation recommended by staff were based upon conversations with the APCD. Mr. Whisenand questioned Mr. Eggen on the days per week the BBQ would be operated; staff is recommending four days per week. Mr. Eggen stated he would like to operate his BBQ seven days per week, but four days is acceptable if he could have the flexibility to choose which days of the week he could Admin HearAPUbtroent 3 May 21, 2004 Page 2 operate the BBQ and also utilize it for special events/catering. He further reviewed his use permit application and explained where BBQs are stored onsite and that BBQ pits are never washed out; they are manually shoveled out and extinguished with a hose. Mr. Eggen stated only water has been put in the drains; no BBQ overflow is put into the drain system. Mr. Whisenand asked Mr. Eggen if he felt the complaints made have been reasonable. Mr. Eggen replied that at times the smoke volume can be an irritation, but due to the location of the deli, the majority of the time the wind blows in such a way that the smoke doesn't blow towards occupied areas. Rick Rodewald, 1043 Pacific Street, legally representing Dennis Adams, owner of Foster's Freeze, stated Mr. Adams wasn't notified of the May 7 hearing. He stated smoke has been permeating Foster's Freeze for a number of years and the situation has been getting worse; customers and employees have complained. He questioned if other open-pit BBQs operate downtown seven days a week. He felt limited days of operation and a single BBQ would be a preferable solution. He submitted a written summary of his client's concerns. Dennis Adams, 590 Marsh Street, felt the BBQ situation has worsened over time and has become a detriment to his business. The Old Country Deli has transformed into an outdoor BBQ with seating operated seven days a week. Three BBQs are used on Thursday nights and the smoke surrounds his business and impacts his customers, employees and the neighborhood. The BBQ use used to close when it rained, but now 4'x8' sheets of plywood are placed over the BBQ and smoke is funneled into Foster's Freeze. He felt Mr. Eggen's interpretation of "special events and holidays" includes special orders and catering, not just holidays. Mr. Whisenand asked Mr. Adams what a reasonable limit on operation of the BBQ would be. Mr. Adams responded that enforcement would be a concern on any BBQ limitations and he commented on the smokers lit outside the deli. He felt the BBQ should not be operated on Sundays and that holidays/special events should be called out as legally designated holidays. Mr. Whisenand closed the public comment period. Mr. Whisenand and Ms. Britz discussed the issue of extinguishing the BBQ, as is specified in the staff report, noting the intent of the Fire Department and Public Works Department's recommended conditions is to minimize or eliminate any water from the BBQs entering the storm drains; this would require monitoring and close control over the BBQ crews. f _ n Admin Hear gt�ach� lent 3 J es May 21, 2004 Page 3 Mr. Whisenand felt the ideal operation of the BBQ business would not impact other businesses or those living near the area, but rather create a pleasant environment for both businesses and residents. It's clear that the Old Country Deli is successful and production is greater than the capacity of one onsite BBQ can accommodate; this expansion is having a negative impact on the Downtown. Mr. Whisenand stated numerous restaurants in the Downtown area have commercial BBQ facilities built into their establishments to accommodate everyday usage and the heavy demands related to special events, holidays, Farmer's Market, etc. Most caterers prepare foods in commercial or industrial areas and transport their goods to the location where it is being consumed. The Old Country Deli's production, expansion, and catering services are causing potential impacts on the Downtown; therefore, he could not support the approval of more than one BBQ at this location. Mr. Whisenand also suggested that with the growth and success of Old Country Deli, that it was time to have a commercially vented BBQ installed inside to the building. Mr. Whisenand summarized that the extra BBQ, the loss of a parking space due to BBQ storage, and the creation of potential smoke problems at this location are too great for the Downtown to bear. He felt the days of operation of a single BBQ should be limited to four days per week and legal holidays between the hours of 9:00 a.m. to 4:00 p.m. and 9:00 a.m. to 9:00 p.m. on Thursdays. He felt fires should be allowed to burn down after operation hours and determined that smokers are BBQs and cannot be operated in conjunction with the single BBQ. He felt this determination was fair, consistent with the General Plan and the desire to have restaurants in the Downtown area. Mr. Whisenand granted approval of Use. Permit Application A 49-04, based upon the following modified findings and subject to the following conditions: 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 BBQ's, and the frequency and duration of their use will reduce smoke generated by the facility at its affect on the environ. 2. The total required parking for the Old County Deli with the proposed outdoor BBQ and customer service area is seven spaces, which can be provided with existing on-site parking and the payment of in-lieu fees. The Parking calculation for the proposed use was based on the following formula, site plan submitted by the applicant and description of proposed use. 1. Food Preparation Area (45 sq. ft.) — 1 space per 350 square feet = 0.128 2. Customer Service Area (462 sq. ft.) — 1 space per 350 square feet = 1.32 3. The proposed use is consistent with General Plan Land Use Element Policy 4.161 which supports street level activities, including restaurants, which benefit Admin Heanng Mich sr�ent 3 May 21, 2004 Page 4 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). 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 BBQ and shall be limited to four days per week and legal holidays between the hours of 9:00 and 5:00 pm and 9:00 and 9:00 pm on Thursdays. The fire may burn down after operation hours. A schedule of BBQ 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 BBQ pits shall be 10' from buildings and any combustible materials, including live trees and landscaping. 6. No BBQ shall be moved once it is lit. BBQ's being used for the Thursday evening Farmer's Market shall be moved into position on Higuera and lit at 4:45 pm in accordance with the Downtown Association's Guidelines. 7. All BBQ pits shall be extinguished by smothering or allowing the fire to burn 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. 4 — c� Admin Hearing minutes ent 3 May 21, 2004 Page 5 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. Revise the provisions for putting out the fire 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. 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. Respectfully submitted, Leaha K. Magee Community Development Department r� ►►���h����►►��h�Illlllllllllllhi��"""►� IIII 1- ; of sAn kAS OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 Attachment 3 May 26, 2004 Norm Eggen 600 Marsh Street San Luis Obispo, Ca 93401 SUBJECT: Use Permit Appl. A 49-04 600 Marsh Street Dear Mr. Eggen: On Friday, May 21, 2004, 1 conducted a public hearing on your request to allow an outdoor BBQ and seating, at the above-referenced location. After reviewing the information presented, I approved, as modified, your request, based upon the following findings and subject to the following conditions and code requirements: Findinos.: 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 BBQ's, and the frequency and duration of their use will reduce smoke generated by the facility at its affect on the environ. 2. The total required parking for the Old County Deli with the proposed outdoor BBQ and customer service area is seven spaces, which can be provided with existing on-site parking and the payment of in-lieu fees. The Parking calculation for the proposed use was based on the following formula, site plan submitted by the applicant and description of proposed use. 1. Food Preparation Area (45 sq. ft.) — 1 space per 350 square feet = 0.128 2. Customer Service Area (462 sq. ft.) — 1 space per 350 square feet = 1.32 3. The proposed use is consistent with General Plan Land Use Element Policy 4.161 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. The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. ` ^ ' Telecommunications Device for the Deaf(805)781-7410. Attachment 3 A 163-03, 871 Islay Street Page 2 4. The project is categorically exempt from environmental review (CEQA Guidelines, Section 15301, Existing Facilities). 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 BBQ and shall be limited to four days per week and legal holidays between the hours of 9:00 and 5:00 pm and 9:00 and 9:00 prn on Thursdays. The fire may burn down after operation hours. A schedule of BBQ 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 BBQ pits shall be 10' from buildings and any combustible materials, including live trees and landscaping. 6. No BBQ shall be moved once it is lit. BBQ's being used for the Thursday evening Farmer's Market shall be moved into position on Higuera and lit at 4:45 pm in accordance with the Downtown Association's Guidelines. 7. All BBQ pits shall be extinguished by smothering or allowing the fire to burn 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. I i Attachment 3 A 163-03, 871 Islay Street Page 3 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. Revise the provisions for putting out the fire 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. 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. My decision is final unless appealed to the Planning Commission within 10 days of the action. Any person aggrieved by the decision may file an appeal. Appeal forms are available in the Community Development Department, or on the City's website (www.slocity.org). The fee for filing an appeal is $100.00, and must accompany the appeal documentation. If you have any questions, please call Jaime Britz at (805) 781-7165. Sincerely, ,J Ronald Whisenand Hearing Officer cc: SLID County Assessor's Office Project File Robert Henderson Tie Etal, P.O. Box 585, Arroyo Grande, Ca 93420 �^a3 Department of Communiti- "ievelopment 990 Palm Streetvy J�v Planning Application , San Luis Obispo, CA 93401 J (805) 781-7172 Project Address 600 MARSH Parcel# 002-422-012 +� Project Title OLD COUNTRY DELI Aft&-,hmel lI t 4 _ Legal Description CY SLO MRY CH ADD SL 7 PTN LTS 10& 11 ------ - Zoning ` - Zoning 1 C-D Zoning 2 Property Owner HENDERSON ROBERT L TRE ETAL In Care Of Owner Address PO BOX 585 ARROYO GRANDE CA 93421-0585 Applicant Name NORM EGGEN Day Phone(805)541-2968 Address 600 MARSH STREET SLO,CA 93401 Representative Day Phone( ) Address Appellant#1 Dennis Adams Day Phone(805)543.7639 Address 590 Marsh Street San Luis Obispo,CA 93401 Send correspondence to Applicant Application made pursuant to Chapter/Section of the San Luis Obispo Municipal Code. Planning Services Summary Application# Type of Application Received Fee A 49-04 Request to allow outdoor BBQ and seating in 03/19/04 $672 the C-D zone AP-PC 49-04 Appeal of Hearing Officer's approval of 05/28/04 $100 outdoor BSG and seating Total fees $772 Received By JAIME BRITZ Fee Paid by Applicant ( 672) Appellant#1 ( 100) Assigned planner JAIME BRITZ Hearings A Admin. Hearing 05/07/04 A Admin.Hearing 05/21/04 PC G/ZY6 r '4"1 ICit/ of SAn IMUS OBISW Department of Community Development Planning Division Appeal Form ($100 Fee) (Fee must accompany original signed appeal form) Appellant Information: Name: Dennis Adams Mailing Address: 590 Marsh, San Luis Obispo, CA 93401 Phone: 543-7639 Fax: In accordance with the procedures set forth in Title 17, Chapter 17.66 of the San Luis Obispo Municipal Code, I hereby appeal the decision of the: 0 Minor or Incidental Architectural Review (appealed to the ARC) Zoning Hearing Officer -Administrative Hearing (appealed to Planning Commission) Community Development Director (appealed to the Planning Commission) -------------------------------------i If an action by the Architectural Review Commission, Cultural Heritage Committee or Planning i Commission is being appealed, an "Appeal to the City Council"form is needed and can be obtained from I the City Clerk's Office. i L---------------------------------------------------------- Subject of Appeal: The date the decision being appealed was rendered: 5-21-04 Project address: 600 Marsh, SLO _ Application number: A49-04_-- Explain specifically what action(s) you are appealing and why you believe your appeal should be considered. You may attach additional pages, if necessary: Appeal of : grant of administrative use permit to allow outdoor bar-b-q or smoker Basis of appeal : See attached letter = _ 5-27-04 A ' ._Signature of Appellant Date Office Use Only: oc Filing Fee: Paid Payment/check Information: N/A Revised: 12-17-03 1 YVt./M� r�'��V��r v• vv......M....; .�v.v...�.....�.._ 'I JJV rQIIII JUCCI Planning Application San Luis Obispo, CA 93401 (805) 781-7172 Project Address 600 MARSH Parcel # 002-422-012 Project Title OLD COUNTRY DELI Legal Description CY SLO MIRY CH ADD BL 7 PTN LTS 10 8 11 Zoning 1 C-p Zoning 2 Atts%.hmerrt 4 Property Owner HENDERSON ROBERT L TRE ETAL In Care Of Owner Address PO BOX 585 ARROYO GRANDE CA 93421-0585 Applicant Name NORM EGGEN Day Phone(805)541-2968 Address 600 MARSH STREET SLO CA 93401 Representative Day Phone( ) Address Appellant#1 Dennis Adams Day Phone(805)543-7639 Address 590 Marsh Street San Luis Obispo,CA 93401 Appellant#2 Norm Eaaen Day Phone(805)541-2968 Address 600 Marsh Street San Luis Obispo,CA 93401 Send correspondence to Applicant;Appellant#2 Application made pursuant to Chapter/Section of the San Luis Obispo Municipal Code. Planning Services Summary Application# Type of Application Received Fee A 49-04 Request to allow outdoor BBQ and seating in 03/19/04 $672 the C-D zone AP-PC 49-04 Appeal of Hearing Officer's Approval of 06/02/04 $200 outdoor BBQ and seating Total fees $872 Received By JAIME BRITZ Fee Paid by Applicant ( 672) Appellant#1 ( 100)4ppellant#2 ( 100) Assigned planner JAIME BRITZ Hearings A Admin. Hearing 05/07/04 A Admin.Hearing 05/21/04 AP-PC PC Hearing 06/23/04 A LQt.-hm G11l 4 City Of SM WlS OBI Department of Community Development r — Planning Division Appeal Form ($100 Fee) (Fee must accompany original signed appeal form) Appellant Information: Name: Morn" been Mailing Address: 400 ^JrA .T tCtT �kif Lis ('ifs O/ Phone:4&,050 sy/—an* Fax: g05 SY/— YOS6 In accordance with the procedures set forth in Title 17, Chapter 17.66 of the San Luis Obispo Municipal Code, I hereby appeal the decision of the: 0 Minor or Incidental Architectural Review(appealed to the ARC) 1 Zoning Hearing Officer -Administrative Hearing (appealed to Planning Commission) �— 0 Community Development Director(appealed to the Planning Commission) I If Id an action by •the Architectural Review Commission, Cultural Heritage Committee or Planning Commission is being appealed, an "Appeal to the City Council"form is-needed and can be obtained from I the City Clerk's Office. Subject of Appeal: 1 h 1 eariN9 0'� (/ri'�t,'► ndt�'c.0 The date the decision being appealed was rendered: dL yt 7,60qI /laV of o ,Zpoy Project address: (000 MOA J'�UZ tt Application number: A q9-Vq Explain specifically what action(s)you are appealing and why you believe your appeal should be considered. You may attach additional pages, if necessary: -r Awe ctppefil i e I i i A ioh s pkced v o+1 -074 hourl clot S tikd mysoski-ve"lied , J+le kin Clieu C e. �7Q-IN,roow� rtouirtr►� 4nd -F�c 77'^+•nh otc ��++� t'ntAle 'ion of 41% new r*1tirn9/1Y&nfr_ 1 h/avc 10� m �aCwer J ofA The,ac0MivM1c- d: resr tl se mew rejoirej"+ , r w/ caatl jq r. &«.,fl 6X f,.-F,.l 4v -Mir bws.n«s Mav al, aoog ign ure of Appella t Date ce Use Only: Filing Fee: Paid Payment/check Information: N/A Revised: 12-17-03 1 a�, 1 Attachment 5 Draft SAN LUIS OBISPO PLANNING COMMISSION MINUTES June 23, 2004 CALL TO ORDER/PLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order at 7:00 p.m. on Wednesday, June 23, 2004, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo. ROLL.CALL: Present: Commissioners Andrea Miller, Orval Osborne, Michael Boswell, Alice Loh, Jim Aiken, and Chairperson James Caruso Absent: Commr. James Caruso Staff: Associate Planners Phil Dunsmore and Michael Codron, Assistant City Attorney Gil Trujillo, and Recording Secretary Irene Pierce ACCEPTANCE OF THE AGENDA The agenda was accepted as amended. The Commission requested that Item 4 come to the front of the agenda, All Commissioners concurred with the request. APPROVAL.OF THE MINUTES: The Minutes of June 9, 2004, were accepted as presented. PUBLIC COMMENTS ON NOWAGENDA ITEMS Collin Leaf, 1617 Santa Rosa Street, mentioned that he is part of the bike movement without cars. He presented a copy of a cartoon book that covers the philosophical background of the car movement and talked about making this an environment without cars. Donald Hedrick, 3361 Sacramento Drive, voiced his opinion that businesses within 300 feet of the project were not properly noticed and the legal requirement for posting for a project was not done properly. He expressed that the Commission was not given the proper documentation for this project and asked that it be continued until they do. Mary Beth Schroeder, 2085 Wilding Lane, expressed opposition to mixed-use developments. 4 - Draft Planning Commission Minutes Attachment 5 June 23, 2004 Page 2 There were no further comments made from the public. PUBLIC HEARING ITEMS: 1. 2005 Dalidio Drive. O 108-02; Review and recommendation to the City Council regarding the Development Agreement for the San Luis Marketplace project; SLO Marketplace Associates, LLC, applicant. (Shelly Stanwyck and Pam Ricci) To be continued to July 14, 2004. The Commission continued this item without discussion to the meeting of July 14, 2004. 2. 3592 Broad Street. TR, U, and ER 24-03: Review of a vesting tentative tract map for a condominium project with mixed commercial and residential development; Use Permit to allow a mixed use development with 82 dwellings and 35,000 sq. ft. of commercial floor area and possible parking reductions, and environmental review; C-S-S zone; Broad Street Partners, LP, applicant. (Michael Codron) Associate Planner Michael Codron presented the staff report recommending that the Planning Commission forward a recommendation to the City Council to approve the use permit, vesting tentative tract map and mitigated negative declaration for the project, based on findings and subject to conditions and code requirements. Hamish Marshall, applicant, presented an overhead description and review of the proposed project, and explained their goal to provide a variety of housing types to address the housing problem in the city. As part of his presentation, the applicant proposed a program to offer 50% of the units for sale exclusively to people who work in the city. Carol Florence, Oasis Associates, SLO, submitted three letters in support of this project to the Commission. She requested that the Commission support the tentative map and the use permit. The Commission asked several questions of the applicant team on issues relating to noise, grading and drainage, subdivision design, potential commercial uses and project CC&R's. PUBLIC COMMENTS: Mary Beth Schroeder, 2085 Wilding Lane, stated that she opposes this project because she felt it would ruin the community. Tim Williams, 411 San Luis Drive, explained that he has a seven-year lease to operate his Internet company, and this business needs uninterrupted power. He expressed concern that although his business was located in this location because it was zoned commercial, if residential uses are located close by, tenants may complain about the noise generated by the businesses. He stated that he opposes the idea of residential uses being located in this area. req 4'O I Attachment 5 Draft Planning Commission Minutes June 23, 2004 Page 3 Don Hedrick, Sacramento Drive, commented that he does not have a problem with commercial uses in this location, but felt that residential is not appropriate. He about concerns with flooding, setbacks for this project, and the City's notification procedures. He suggested the Commission read the full written testimony he provided. Steve Delmartini, SLO, commented on the conflict between commercial and residential uses and felt it could work in San Luis Obispo because other areas have successful mixed-use developments. He expressed support for this project. Jay Parsons, Sacramento Drive, SLO, expressed a concern that children living in these residences could sneak in to play in the commercial use area. He expressed support for a commercial development, and opposed the residential component due to potential danger to children living in the development. There were no further comments made from the public. COMMISSION COMMENTS: Discussion focused on issues raised during public comment, including testimony from area business people regarding the potential for noise complaints from future residents. Concerns were also expressed regarding children who might be attracted to unsafe industrial areas such as loading docks, landscape boulders and other features of adjacent properties along Sacramento Drive. Based on this testimony and input from the City Attorney, the Commission recommended stronger language for disclosure of potential noise impacts to future residents. Overall, the Commission supported the innovative project design and the developer's commitment to providing "work-force" housing. Comms. Osborne moved to recommend that the City Council approve the use permit, vesting tentative tract map and mitigated negative declaration for the project, based on findings and subject to conditions and code requirements. Seconded by Commr. Christianson. Language pertaining to the protection of the business owner on noise complaints was added into the motion, along with additional findings and conditions, that Planner Codron read to the Commission. Commr. Christianson added an amendment to the motion that there be no dry cleaning plants. The motion maker accepted the amendment to the motion. Vice-Chair Boswell opposed the motion because he felt there needs to be further study to see if the sound attenuation is sufficient; he requested a stronger set of statements from the City Attorney on proposed problems for associated property owners. 4r,30 r,3 1 Draft Planning Commission Minutes Attachment 5 June 23, 2004 Page 4 AYES: Commrs. Osborne, Christianson, Miller, Loh, and Aiken. NOES: Vice-Chair Boswell. ABSENT: Commr. Caruso ABSTAIN: None The motion carried on a 5:1 vote. 3. 215 Bridge Street. GP/PD, TR and ER 64-03 (Tract 2534): Request to amend the General Plan Land Use Element Map and Zoning Map from M (Manufacturing) and C/OS-5 (Conservation Open Space-5 Acre Minimum) to R-2-PD (Medium-density Residential with a Planned Development Overlay), M-PD (Manufacturing with a Planned Development Overlay), and C/OS-5 (Conservation Open Space-5 Acre Minimum) and environmental review; C-S-S zone; Broad St. Partners, LP, applicant. (Phil Dunsmore) Associate Planner Philip Dunsmore presented the staff report recommending the Commission recommend the City Council: (1) Approve a resolution amending the General Plan Land Use Element map to change the land use designation from Services and Manufacturing to Medium-Density Residential (for a portion of the site) and adjust the hillside development limit line from the 175-foot contour to the 185-foot contour; and approving a revised Mitigated Negative Declaration (ER 64-03); (2) Adopt an ordinance changing the zoning on the subject property below the 185-foot elevation contour from Manufacturing and Conservation Open Space to Medium Density Residential Planned Development and Manufacturing with a Planned Development Overlay (R-2-PD and M- PD) with specific recommendations for changes to the development plan for the commercial component; (3) Adopt a resolution approving a subdivision with sixteen residential lots and remainder parcel, a commercial condominium with eight commercial airspace units, and approving a creek setback exception to allow the replacement of the vehicular bridge with a clear span bridge. George Garcia, Garcia Architects, presented an overhead review of the proposed project and explained the changes that were made. PUBLIC COMMENTS: Mary Beth Schroeder, 2085 Wilding Lane, expressed opposition to this project. Mary Jenny, 2282 Exposition Court, asked some questions about building the bridge and what the width of the road would be. She expressed a concern about emergency equipment being able to go in and out and would like to make sure that it is at least 20 feet wide. She also expressed a concern with flooding and the amount of water that will be forced into the Meadow Park area. Janice Sindrige, Exposition Court, voiced concerns with flooding that occurs in this area and presented photographs to the Commission. She read a paragraph from the staff report and noted that it is not a shallow flooding, but a significant flooding. 4 -3�i Attachment 5 Draft Planning Commission Minures June 23, 2004 Page 5 Helene Finger, 473 Bridge Street, Civil Engineer, noted there are significant safety concerns for this project, which she outlined. She read a letter from her husband addressing his concerns about the bike path and noting the path would go into open space area where there are no trails. Tom DeSanto, Garcia Design, addressed some concerns, noting the bridge will be 25- feet wide; 5-feet for pedestrians and 20-feet for vehicles. He pointed out that the site section shows where the flood plane hits the residential and the residential is 3-feet higher than the flood plane. He explained that the turnaround is compatible with Fire Department requirements. Eric Meyer, 1235 Pismo Street, SLO, pointed out that the photographs that were shown are not specifically of the Bridge Street Property, but the Bailey's Bridge property, and noted that the photograph has nothing to do with the project in question. He spoke about the flooding problem. There were no further comments made from the public. COMMISSION COMMENTS: Commr. Loh moved to continue the item to a date uncertain to allow the applicant to return with additional hydrology information complying with the City's Waterways Management Plan, a complete soils and.geology study to examine potential landslide risk, and a re-configuration of the commercial properties to eliminate parking from the creek setback and to allow a vehicle turn-around space. Seconded by Osborne. Commr. Osborne discussed where the flood plane ends, the location of the 100-year flood plane, and how deep the water would be at that 100-year flood stage. He requested a seismic study, soils and engineering study, and questioned where the end of the commercial zone is. He requested they look into the access and turnaround, and research the parking in the creek setback. AYES: Commrs. Loh, Osborne, Miller, Aiken, Christianson, and Boswell NOES: None ABSENT: Commr. Caruso ABSTAIN: None 4. 600 Marsh Street. AP-PC 49-04: Appeals of the Hearing Officer's approval of an outdoor BBQ and seating; C-D zone; Norm Eggen, applicant/appellant and Dennis Adams, appellant. (Jaime Britz) Associate Planner Philip Dunsmore presented the staff report recommending denial of the appeals, thereby upholding the approval as conditioned by the Hearing Officer, based on findings and subject to conditions. Appellant Dennis Adams, 590 Marsh Street, expressed concerns with their health because of the exposure to barbeque smoke. He noted that San Luis Obispo passed a no smoking law that prohibits smoking, yet they get smoke exposure every day. Draft Planning Commission Minutes -' Attachment 5 June 23, 2004 Page 6 - Appellant/Applicant Norm Eggen, 600 Marsh Street, felt that what is important is the ruling of the Hearing Officer which seriously defeats the ability of his business to continue in a viable manner. He offered some history on how long the business has been there and why they started barbequing. He presented hours of operation and noted that he is willing to work on a limited scale. PUBLIC COMMENTS: Mary Beth Schroeder, 2085 Wilding Lane, expressed concerns with the smoke this business produces and its detriment to a person's health. Don Hedrick, 3661 Sacramento Drive, expressed that people should not have to be subjected to the barbequing of meat. He requested that the opinions of vegetarians be considered and that they not be forced to smell cooking meat. Jim Carver, Paso Robles, stated that he has worked next to the Country Deli for the past 18 years and noted that they have never had a problem with the smoke. He mentioned that many of his customers come into town to have Country Deli barbeque and that they enjoy it. He noted that he has eight employees and none of them have ever complained about the smoke. There were no further comments made from the public.. COMMISSION COMMENTS: Commr. Aiken moved to adopt resolution "A" with a change to condition 2.. Seconded by Commr. Miller. AYES: Commrs. Miller and Aiken NOES: Commrs. Osborne, Christianson, Loh, and Vice-Chair Boswell. ABSENT: Commr. Caruso ABSTAIN: None The motion failed on a 4:2 vote. Commr. Aiken moved the staff recommendation that resolution "A" be adopted with an amendment to allow the operation of a single barbegue.between the hours of 200 p.m. and 8:30 p.m. and to allow a second barbecue on Thursdays only. Seconded by Commr. Miller. Dissenting commissioners Loh and Boswell felt that.the Hearing Officers determination was a fair and appropriate determination as approved and felt that a second barbeque on Thursdays was excessive. AYES: Commrs. Miller, Aiken, Osborne, and Christianson NOES: Commr. Loh and Boswell ABSENT: Chairperson Caruso ABSTAIN: None q -33 Draft Planning Commission Minutes Attachment SJ June 23, 2004 Page 7 The motion carried on a 4:2 vote. COMMENT AND DISCUSSION: 5 Staff:. A. Agenda Forecast: Deputy Director Ronald Whisenand gave an agenda forecast of upcoming items. 6. Commission: ADJOURMENT: With no further business before the Commission, the meeting adjourned at 11:50 p.m. to the next regular meeting scheduled for July 14, 2004, at 7:00 p.m. in Council Chamber. Respectfully submitted by Irene Pierce Recording Secretary IIII IIII city o sAn lips oBispo 990 Palm Street, San Luis Obispo, CA 93401-3249 06/25/04 Attachment 6 Norm Eggen 600 Marsh Street San Luis Obispo, CA 93401 SUBJECT: AP-PC 49-04: 600 Marsh Street Appeals of the Hearing Officer's approval of an outdoor BBQ and seating Dear Norm Eggen: The Planning Commission, at its meeting of June 23, 2004, approved your use with modifications, 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. Appeal forms are available in the City Clerk's office, or on the City's website (slocity.org). The fee for filing an appeal is $100, and must accompany the appeal documentation. 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 you have any questions, please contact Jaime Britz at 781-7165. Sincerely, onWhI en d Deputy Direct of Community Development. Development Review Attachment: Resolution #5401-04 cc: County of SLO Assessor's Office Robert Henderson Tre Etal, P.O. Box 585, Arroyo Grande, CA 93421 Dennis Adams, 590 Marsh Street, San Luis Obispo, CA 93401 OThe City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. �'y! 2c� (✓� Telecommunications Device for the Deaf(805)781-7410. 1 DJ Attachment 6 "A" PLANNING COMMISSION RESOLUTION NO. 5401-04 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION DENYING THE APPEALS OF THE HEARING OFFICER'S APPROVAL AND CONDITIONS OF APPROVAL, AND UPHOLDING THE HEARING OFFICERS DETERMINATION TO APPROVE THE USE PERMIT ALLOWING OUTDOOR SEATING AND ONE BARBEQUE FOR PROPERTY LOCATED AT 600 Marsh, AP-PC 49-04 WHEREAS, the appellant, on March 1.7, 2004, submitted an application for outdoor seating and barbeques; and WHEREAS, the Hearing Officer, on May 21, 2004, approved the request for outdoor seating and barbeque at 600 Marsh subject to conditions in the C-D zone; and WHEREAS, Dennis Adams, owner and operator of Foster's Freeze, located at 590 Marsh, and the applicant requesting outdoor seating and barbeque, Norm Eggen, filed appeals of the Hearing Officer's action on May 31, 2004 and June 1, 2004; and 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, for the purpose of considering the appeals of the Hearing Officer's action for Application No. A 49-04; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant and appellant, interested parties, the records of the Hearing Officer's actions, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following 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 BBQ's, and the frequency and duration 'of their use will reduce smoke generated by the facility at its affect on the environ. 2. The total required parking for the Old County Deli with the proposed outdoor BBQ and customer service area is seven spaces, which can be provided with existing on-site parking and the payment of in-lieu fees. The Parking calculation for the proposed use was based on the following formula, site plan submitted by the applicant and description of proposed use. 1. Food Preparation Area (45 sq. ft.) — 1 space per 350 square feet= 0.128 2 Z+e_'du Attachment 6 Resolution No. 5401-04 Page 2 2. Customer Service Area (462 sq. ft.) — 1 space per 350 square feet = 1.32 3. The proposed use is consistent with General Plan Land Use Element Policy 4.161 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). Section 2. Action. The Planning Commission hereby upholds the Hearing Officer's determination to approve the use permit allowing outdoor seating and one 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. 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' from buildings and any combustible materials, including live trees and landscaping. 6. No BBQ shall be moved once it is lit. Barbeques being used for the Thursday evening Farmer's Market shall be moved into position on Higuera 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 burn out until cool so as to minimize contaminated water entering storm drains. Public Works Department 2 4 -a l � . Attachment 6 Resolution No. 5401-04 Page 3 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. Revise the provisions for putting out the fire 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. 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. On motion by Commissioner Aiken, seconded by Commr Miller, and on the following roll call vote: AYES: Aiken, Miller, Osborne, Christianson NOES: Boswell, Loh REFRAIN: None ABSENT: Caruso The foregoing resolution was passed and adopted this 10th day of March 2004. RonaWVhiseQAfid, Secretary Planning Commission by: Attachment 7 CITY OF SAN LUIS OBISPO PLANNING COMMISSION AGENDA REPORT ITEM #4 BY: Jaime Britz, Planning Technician (781-7165) MEETING DATE: June 23, 2004 FROM: Ron Whisenand, Deputy Director; Development Review ' FILE NUMBER: AP-PC 49-04 PROJECT ADDRESS: 600 Marsh SUBJECT: Two separate appeals of an Administrative Use Permit to allow an outdoor barbeque in the Downtown-Commercial (C-D) zone. RECOMMENDATION Adopt Resolution "A" (Attachment 9) and deny the appeals, upholding the approval as conditioned, by the Hearing Officer, based on findings and subject to conditions. BACKGROUND Situation Norm Eggen, owner of The Old Country Deli, applied for an Administrative Use Permit to legitimize an on-going outdoor barbeque and seating that has been occurring at the site for many years. Pursuant to City policy with respect to Use Permit requests, a public hearing was held at the scheduled meeting of May 7, 2004. At this hearing, the Hearing Officer listened to the testimony of Mr. Eggen and continued the item to May 21, 2004 to allow the applicant the opportunity to further research when the onsite dining component of his business was established. At the May 21, 2004 meeting, after listening to testimony of Norm Eggen, Dennis Adams (owner and operator of Foster's Freeze, located at 590 Marsh), and his attorney Rick Rodewald, the Hearing Officer approved the request for on-site seating and use of one outdoor barbeque, rather than the three requested, with limited hours and days of operation, subject to findings and conditions (see attached meeting minutes and action letters, Attachment 4). Two appeals of the Hearing Officer's determination were filed. The first appellant, Dennis Adams, opposes any outdoor barbeque at this location. The second is the applicant Norm Eggen, who objects to conditions of approval that limit the number of barbeques, days and hours of operation, requirement for replacement parking, and ADA accessible bathrooms. Data Summary Address: 600 Marsh Property Owner/Applicant: Norm Eggen, Owner and Operator of Old Country Deli at 600 Marsh Appellant #1 Dennis Adams, Owner and Operator of Foster's Freeze at 590 Marsh Appellant #2 Norm Eggen 4 'J l AP-PC 49-04 600 Marsh Attachment 7 Page 2 Zoning: C-D (Downtown Commercial) General Plan: General Retail Environmental status: Exempt from CEQA per section 15301 Existing Facilities (Class 1) Site description The property is located at the northeast corner of Marsh and Nipomo Streets, within the Downtown Association district boundaries and between the Old Town and Downtown Historic Districts. Property immediately adjacent to the site is zoned Downtown Commercial (C-D) and Downtown Commercial with Historical Preservation Overlay (C-D-H), .with Office (0) and High-Density Residential (R-4) beyond to the south and east, Retail Commercial (C-R) beyond to the west, and Public Facility with Historical Preservation Overlay (PF-H) further north. Project Description The applicant has requested approval of an outdoor smoker and the use of up to three barbeque pits for food preparation, to offer fresh cooked meats and sides for sale. The smoker is a small mobile unit shaped like a pig that would be located next to the building. The primary barbeque used for the restaurant is a 5' by 9' moveable unit that would occupy one parking stall on the Marsh Street side of the parking lot. Adjacent to the barbeque in the building entrance area, would be a 2' by 6' table with a cash register and condiments. The second barbeque pit would to be brought onsite for Thursday night Farmer's Market and "special event" catering as needed. The applicant has also requested that a third barbeque be allowed onsite on Thursdays, to allow him to begin cooking earlier in the day for Farmer's Market. He proposed to then move the lit barbeque into position on Higuera at 4:30 pm, the start up time allowed by the Downtown Association. All of the proposed barbeques are wood burning and would be heated with oak cord wood and started with cardboard, paper, and fat. The fires would need to be lit two hours prior to serving time, one hour to burn down, and one hour to cook the first food. The applicant has requested that he be allowed to barbeque outside from 9:00 am to 6:00 pm Friday — Wednesday, and from 9:00 am — 9:00 pm Thursdays. Additionally, the applicant has requested approval of seating for onsite consumption of foods in an existing patio area, with approximately 450 square feet of usable space. The patio is located adjacent to the building and is separated from the parking lot by a mature tree and landscaping. The applicant would provide picnic tables with checkered cloths, but offer no table service. The proposed seating and customer service areas would generate the need for one additional parking stall to be provided. Barbeque History The applicant, Norm Eggen, established the Old County Deli at this location in 1983 as a food preparation and take-out establishment, with no onsite consumption and limited catering. Over time, the applicant has added outdoor barbequing and seating to his business. Over the years the frequency of the outdoor barbequing has steadily increased both in the numbers of days per week as well as in the number of barbeques. On September 19, 2003 the Code Enforcement Officer received a complaint regarding activity in the Old Country Deli parking lot, namely the increasing use of outdoor barbeques and associated impacts to parking and localized air quality. After researching the records available and ,r f© AP-PC 49-04 Attachment 7 600 Marsh Page 3 contacting County Health Department staff, it was determined that there were several potential violations, including: lack of a Use Permit to allow "Other outdoor sales'% barbeque and food distribution areas encroaching into required parking; lack of sufficient parking spaces to serve the current use of the site (including outdoor food preparation and seating areas); and banners and pendant signs that are prohibited by the Sign Ordinance (see attached code enforcement memo, Attachment 2). Based on conversations held with Mr. Eggen it was determined that an Administrative Use Permit was required to allow the use of an outdoor barbeque and to provide patio seating at the site. This requirement was in effect in 1984, when Mr. Eggen first initiated the use of outdoor barbeques (see photos of the Old Country Deli, Attachment 3). Administrative Hearin After meeting with the Code Enforcement Officer and learning that the expansion of his business to include outdoor barbequing and onsite seating requires a permit from the City, the applicant applied for an Administrative Use Permit on March 17, 2004. The Hearing Officer reviewed the project on May 7, 2004. At the hearing, the applicant described his business, and explained that he has been operating a barbeque in front of the Old Country Deli since 1984 and was not aware that a use permit was required until the recent complaint and resulting investigation. Initially in 1984 he had begun with one barbeque, once a week. At the time the complaint was filed with the City, activity had increased to seven days a week with up to three barbeques. He reviewed the history of his business and noted that since the complaint he has ceased to use the barbeque on Monday, Tuesday and Wednesday, and his business has been adversely impacted. At this time he stated that he would like to be allowed to barbeque at least five days a week with more than one barbeque. He also stated that the outdoor patio area existed when he purchased the business, and parking for this area had never before been required. The Hearing Officer continued the item to May 21, 2004 to allow the applicant time to provide additional information on when the outside seating was legally established. Prior the May 21, 2004 hearing, staff received two communications regarding this project, a letter from the Downtown Association speaking in favor of allowing the barbequing to continue, and another from the County Air Pollution Control District informing the City that they had received an anonymous complaint regarding the barbequing and smoke coming from the Old Country Deli (see attached letter and correspondence, Attachment 5). At the May 21, 2004 hearing, staff presented additional information regarding the original approvals for the Old Country Deli. According to all records located by staff, the Old County Deli was established at this location in 1983 as a food preparation and take-out establishment, with no onsite consumption and limited catering. In a letter dated April 26, 1983, James Brannon, the representative for Bob Reyonds at 600 Marsh provided a description of the nature of the food preparation business at that location. He describes the business as a food take-out store with no onsite consumption and with limited catering service. Unfortunately, in his letter Brannon does not indicate the name of the business which he is discussing. However, records indicate that during this period improvements were being reviewed by the City for The Old Country Deli. For instance, on May 17, 1983 Norm Eggen filed for a construction permit at 600 Marsh, and on August 9, 1983 a sign application for The Old Country Deli was filed. Based on this information, staff believes that 49-04 AP-PC Attachment 7 600 Marshrsh Page 4 parking for the site and The Old Country Deli was calculated based on the project description provided by James Brannon (see attached correspondence and site plan circa 1983, Attachment 6). The applicant was able to provide photographic evidence of outdoor seating dating to 1978-1979, prior to the remodel. The applicant also noted that the original health and business licenses did not indicate that outdoor seating would be provided. Mr. Eggen also expressed concern over the recommended limitation on the hours, days, and number of outdoor barbeque pits that could be used. He expressed his need for a second barbeque for special events/holidays, his desire to barbeque more than the recommended four days per week, and to have extended hours of operation on Thursdays and holidays until 9:00 pm. He also stated that while he would like to barbeque seven days per week, four days would be acceptable if he could have flexibility to choose which days of the week those would be and could additionally barbeque for special events and catering. Rick Rodewald, legally representing Dennis Adams, owner and operator of Foster's Freeze at 590 Marsh, explained that smoke had been permeating Foster's Freeze for many years, and as the barbequing increased over the years so have the impacts and associated complaints of customers and employees. He felt that limited days of operation and a single barbeque would be an agreeable solution. He also provided a written summary of his client's concern (see attached letter provided at the hearing by Mr. Adams, Attachment 7). Mr. Adams then expanded this testimony, explaining that at times smoke from the Old County Deli surrounds his business and is actually drawn in through the soda fountain's windows and taken up through their exhaust system. Mr. Adams also expressed concern that limiting the outdoor barbequing to a set number of days would create an enforcement problem, most notably regarding the interpretation of "special events and holidays," and suggested that these days be defined as legal holidays. He also requested that barbequing not be allowed on Sundays. The public comment period was closed, and the Hearing Officer and staff discussed other impacts presented by the proposed uses. The discussion centered on Fire Department and Public Works recommendations for minimizing water used in extinguishing the barbeques from entering the storm drains, and the need for close monitoring of barbeque crews to ensure that any barbeque is properly extinguished. The Hearing Officer approved the outdoor seating and barbequing with conditions in an attempt to support downtown business activity while minimizing potential negative impacts on the downtown. The Hearing Officer's approval of the outdoor seating and barbequing was based on specific findings that as conditioned, the use was unlikely to impact those living or working in the vicinity, that required parking could be provided with on-site parking and through payment of in-lieu fees, and that the use is consistent with General Plan policies that support street-level activities in the downtown. Appeal SumrimM Two requests for appeal have been received by the City (see attached appeal forms and letters received by the City on May 28, 2004 and June 1, 2004, Attachment 8). The first, filed by Dennis Adams on May 28, 2004, is based on the issues raised by the appellant at the May 21, 2004 4 ) AP-PC 49-04 600 Marsh Attachment 7 Page 5 Administrative Hearing, put forth in the letter submitted at that time and again with the request for appeal (Attachment 7). The appellant is of the opinion that any outdoor barbequing constitutes a public nuisance and threat to public health due to the smoke, smells, and possible runoff into the storm drains. He feels that all food preparation, including barbequing and smoking should be done inside with proper ventilation. In addition to being a nuisance, he has indicated that the effects of the outdoor barbeque have a negative impact for his business, Foster's Freeze, which is located across the street at 590 Marsh. In his letter, the appellant also addresses several other issues, namely the precedent that would be set should this use be allowed, as well as other administrative matters. This appellant does not challenge the approval of the onsite seating. The second request for appeal was received by the City on June 1, 2004. This appeal was requested by Norm Eggen, the applicant and owner of The Old Country Deli. The applicant has appealed the limitations placed on the hours, days, and number of outdoor barbeque pits that can be used, the number of parking spaces required (and the cost of in-lieu fees for their provision off site), the requirements for bathroom improvements, and the time allowed for him to conform. Because the limitations fixed in the Hearing Officer's approval constitute a reduction in activity for the applicant, he feels that compliance will cause economic distress and could potentially be fatal to his business. EVALUATION Staff feels that the requested uses need to be evaluated as if they were in fact new uses not yet established. Making concessions because the uses have been occurring without proper approvals would be inconsistent with City policy. Staff does feel that on-site dining is appropriate at this site, consistent with City policy throughout the downtown. Staff also believes that limited outdoor barbequing can be appropriate. However, staff does not support more than one barbeque being brought to the site at any time, due to the burden of additional parking losses and increased emissions generated by multiple barbeques. The applicant has the option of installing a commercially vented barbeque inside his business, similar to other businesses in the downtown. This option should be explored if sales are exceeding the capacity of one barbeque. Moreover, as noted by the Hearing Officer at the May 21, 2004 hearing, the additional barbeques requested are needed to accommodate the heavy demands related to special events, holidays, and catering, in excess of the common usage for the restaurant. These commercial catering uses are more appropriately located in the City's industrial and outlying commercial areas. Further, staff feels that the days and hours of operation requested by the applicant are excessive in the downtown, and would cause an undue burden on neighboring residents, businesses, and people in the area. General Plan Policies: General Plan conformity is essential in reviewing this application. The City must make a finding that a use approval is consistent with the General Plan. In addition, the City's Zoning Regulations, (Section 17.02.050) state that the City's regulations and standards will be interpreted and applied in a manner consistent with the General Plan. The proposed outdoor seating and barbequing is consistent with the site's land use designation of General Retail and is an allowed use within the district with the approval of a Use Permit. As conditioned by the Hearing Officer, the findings can be made to support the proposed land use at this location while maintaining consistency with the AP-PC 49-04 600 Marsh Attachment 7 Page 6 General Plan. Land Use Element ■ Downtown Street Level Activities Policy 4.16.1 The street level should be occupied by stores, restaurants, and other uses benefiting from and contributing to pedestrian traffic, such as offices with frequent visits. Restaurant uses, particularly those with outdoor components, increase the activity and energy in the downtown. Barbequing as done by the Old Country Deli, is a style of cooking often associated with the Central Coast, and contributes to the uniqueness and experience in San Luis Obispo's Downtown. However, the potential draw created by the barbeques must be balanced with conformance other regulations to avoid potential conflicts. Water& Wastewater Management Element ■ Wastewater Collection, Treatment& Disposal Policy 13.1.2 The City will minimize damage to the wastewater collection and treatment systems by preventing discharge of materials that are toxic or which would obstruct flows. Conditions of approval precluding the runoff of water from the barbeque pits into the City streets and public storm drains include revisions to the applicant's current method of extinguishing fires and cleaning out the fire boxes. Requirements include letting all fires bum out and the separation of all water used from any sump or ashes. Zoning Regulations: 17.18.020.B: Other Outdoor Sales Outdoor sales of nonagricultural products, such as food carts, barbeques, and swap meets shall be limited to the types of retail sales allowed in the location's zone. "Outdoor sales" may be temporary, intermittent, or permanent. Other outdoor sales require approval of an administrative use permit, except in cases where the Director determines a Planning Commission use permit would be more appropriate. Parking requirements, setbacks to sales or storage areas, safety and aesthetic screening, and other development standards usually related to buildings shall be established by use permit approval. Restaurant uses, which intrinsically include food preparation and customer dining areas, are allowed uses in the Downtown Commercial zone. But like components of these uses that are within a structure, those that are proposed outdoors must also comply with City development standards and other applicable codes, including but not limited to handicap accessibility, parking, setbacks, and signage. 17.16.060: Parking Space Requirements For every structure erected or enlarged and for ally land or structure devoted to a new use requiring more spaces according to the schedule set out in this subsection, the indicated minimum number of off-street parking spaces located on the site of the use shall be provided. The right to occupy and use any premises shall be contingent on preserving the required parking. In no case may required parking spaces for a use be rented or leased to off-site uses or used for other purposes. 1 -44 AP-PC 49-04 600 Marsh Attachment 7 Page 7 Table 6 of the City Zoning Regulations require parking be provided for restaurants at the rate of one space per 100 square feet food preparation area and one space per 60 square feet customer service area. In the Downtown Commercial Zone this requirement is reduced by half, or no more that one space per 350 square feet gross floor area. Based on the original project description and site plan submitted when the Old Country Deli was established in 1983, they were approved with the six existing on-site parking stalls. The proposed outdoor barbeque (one barbeque only) and customer service area would generate the need for one additional parking space to be provided, for a total of 7 required spaces. Because of the displacement of one parking space by the barbeque, onsite parking would be reduced to five available stalls. Because the business is located in the downtown, the two required parking spaces that the site cannot accommodate can be provided for through the payment of in-lieu fees. If proposed to satisfy parking requirements, parking-in-lieu fees for the expanded use and/or elimination of a parking space for that use would be based on the fee requirements for additions (expanded use) rather than the fee allowed for changes of occupancy. Further, the fee per parking space may be calculated based on the fee resolution in effect at the time the use was purportedly established. The applicant has objected to the parking requirements and parking in-lieu fees. As he has not requested any exception to the parking regulations, which could only be granted through a Variance, staff is of the understanding that he is contending that these portions of the business were considered as part of the original project. Staff's research of the existing record indicates that the outdoor seating and barbeque are new uses, thus generating the requirement for two additional parking stalls to be provided. Other Department Comments: Fire Department: Fire Department regulations require that all barbeque pits be a minimum of 10-feet from buildings and any combustible material, including live trees. Because of the existing landscaping and canopy of the mature trees at this site, it is unlikely that the applicant would be able to comply without total loss of onsite parking. The applicant has stated that the second requested barbeque would be located in the south corner of the parking lot, which is directly beneath a large tree. He has not provided any indication of the proposed location for the third barbeque. Fire code also prohibits any barbeque from being moved once lit. The Fire Department requires that all barbeques being used for Thursday evening Farmer's Market be put into position on Higuera and lit after 4:45 pm, per the Downtown Associations Guidelines. This code would prohibit using the third barbeque as requested by the applicant. The Fire Marshall also commented that all barbeque pits shall be extinguished by smothering or allowing the fire to burn out until cool, and that contaminated water shall not be allowed to nun down into the storm drains. Building& Safety: The applicant has contested the condition of approval requiring improvements to bathroom facilities at the site. Uniform Building Code requires that restaurant establishments provide accessible toilet rooms for patrons. Further, if seating is provided for 10 or more patrons, a separate toilet room for each sex must be provided. Given that there is approximately 450 square feet of usable patio area, it —1 _4C AP-PC 49-04 (�) 600 Marsh Attachment i Page 8 is likely that these thresholds will be met. Plans submitted by the applicant do not supply any detail as to the existing conditions of restroom facilities, nor has he indicated how many tables he intends to provide in the future. Because the patio area has been used for dining for several years without proper approvals it is important to note that Building Code requires that those regulations in place at the time the use is legally established must be met. CONCLUSION In staff's analysis, the key potential impacts of the business expansion to include outdoor seating and barbequing are compatibility with other businesses in the dense downtown area, potential air quality impacts, and the provision of required parking. While City policy encourages businesses with street-level activities in the downtown, the interests of an individual operation must be balanced with those of the district as a whole. Old Country Deli provides a unique experience and product to their customer, but the physical effects of the smoke and odors generated cannot be contained to their property, and thereby can create a negative impact on surrounding operations and the general public. Conditioning the use to restrict the number of outdoor barbeques and days and hours of operation allows the applicant the opportunity to expand his business, while minimizing conflicts with others in the vicinity. Options are still available to the applicant to expand his business further through the installation of indoor commercially vented barbeques. In staff's opinion, this site can only physically accommodate one outdoor barbeque due to its size and location. The staff recommendation presents a conservative decision to insure business practices do not adversely impact localized circulation patterns, other businesses in the vicinity, and air and water quality. These conditions may prove difficult to enforce, and will require the continuing cooperation between the applicant and City departments. RECOMMENDATION Adopt Resolution "A" and deny the appeals, upholding the Hearing Officers determination based on findings and subject to conditions. ALTERNATIVES 1. Continue review of the project. Direction should be given to staff and the appellants regarding desired information. 2. Adopt Resolution "B" (Attachment 10) and approve the request of appellant number 1, thereby denying the request of Old Country Deli to have any outdoor barbequing activity. Action approving this appeal should include the basis for approval. 3. Adopt Resolution "C" (Attachment 11) and approve the request of appellant number 2,,thereby allowing The Old Country Deli to have multiple outdoor barbeques with unlimited days and hours of activity. Action approving this appeal should include the basis for approval. It is important to note that the Planning Commission cannot use the appeal process to override Municipal Code ADA accessibility or City parking requirements. ATTACHMENTS 44, AP-PC 49-04 600 Marsh Attachment 7 Page 9 Attachment 1 - Vicinity Map Attachment 2 - Code Enforcement Memo Attachment 3 - Photos of the Old Country Deli Attachment 4- Administrative Use Permit Hearing meeting minutes and Action Letters from May 7 and May 21, 2004 Attachment 5 - Downtown Association letter and APCD complaint Attachment 6—Correspondence and site plan from 1983 Attachment 7 - Dennis Adams Letter, owner&operator of Foster's Freeze, located at 590 Marsh Attachment 8 - Appeal application forms Attachment 9 Planning Commission Resolution "A" Attachment 10 - Planning Commission Resolution "B" Attachment 11 - Planning Commission Resolution "C" Attachment 8 Filing Fee: $100.00 ` Pad Date Receive RECEIVED NIA city OfiUL 0 2 2004 'REFER TO SECTION 4 ." A' ' San lues OBISPO SLO CITY CLERK APPEAL TO THE CITY COUNCIL SECTION 1. APPELLANT INFORMATION Dennis Adams 590 Marsh, San Luis Obispo, CA 93401 Name Mailing Address and Zip Code 543-7639 Phone Fax Representative's Name Mailing Address and Zip Code Title Phone Fax SECTION 2. SUBJECT OF APPEAL 1. In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Code(copy attached), I hereby appeal the decision of the: Planning Commission (Name of Officer,Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered: June 23, 2004 3. The application or project was entitled: 600 Marsh Street AP-PC. 49-04 4. 1 discussed the matter with the following City staff member: on (Staff Member's Name and Department) (Date) 5. Has this matter been the subject of a previous appeal? If so,when was it.heard and by whom: Planning Commission hearing was an appeal from Hearing Officer ' s Decision SECTION 3. REASON FOR APPEAL Explain specifically what action/s you are appealing and why you believe the Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. Page 1 of 3 _ Attachment 8 Reason for Appeal continued See attached letter of 5-21-04 which summarizes the various issues relevant to this appeal. SECTION 4. APPELLANTS RESPONSIBILITY The San Luis Obispo City Council values public participation in local government and encourages all forms of citiien involvement. However, due to real costs associated with City Council consideration of an appeal, including public notification, all appeals pertaining to a planning application or project:are subject to a filing fee of$100%which must accompany the appeal form. Your right to exercise an appeal comes with certain responsibilities. If you file an appeal, please understand that it must be heard within 45 days from filing this form. You will be notified in writing of the exact date your appeal will be heard before the Council. You or your representative will be expectedtoattend the public hearing, and to be prepared to make your case. Your testimony is limited to 10 minutes. A continuance may be granted under certain and unusual circumstances. If you feel you need to request a continuance,you must submit your request in writing to the City Clerk. Please be advised that if your request for continuance is received after the appeal is noticed to the public,the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it will be granted; that action is at the discretion of the City Council. thereby agree to appear and/or send a representative to appear on my behalf when said4rDbeal Is scheduled for a public hearing before the City Council. G (Signature of Appellant) Date) Exceptions to the fee: 1)Appeals of Tree Committee decisions. 2)The above-named appellant has already paid the City$100 to appeal this same matter tona City official orRRCouncil (advisory body. This item is hereby calendared for 1.C�1>`CI il , oil 0 c: City Attorney City Administrative Officer Department Head Advisory Body Chairperson CClerk(Qnhgitnal) Page 2 of 3 8103 - —_ 4. ,-0 - Attachment 8 Dennis Adams 590 Marsh Street Foster's Freeze No. 95 San Luis Obispo, CA 93401 May 21,2004 Zoning Hearing Officer City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Opposition to Use Permit Application A49-04—Request to Allow Barbeque and Seating Dear Zoning Hearing Officer: Please consider this letter as an outline of the issues raised by Dennis Adams,dba Foster's Freeze No. 95, in opposition to the above-referenced application. Certain of these issues have been outlined in previous complaints which should be included in the City's file on this matter,but in the event that such file is not complete,the following is intended to summarize or supplement the issues relevant to this complaint: 1. Barbeque activity and excessive smoke constitute a public nuisance. See Municipal Code §8.24.020. During certain periods of the day, the smoke,which is created by a mixture of wood, cardboard,paper and animal fat, is oppressive to all the surrounding area, and particularly to my business and customers. We have almost daily complaints from customers regarding the smoke,and our facility and the clothing of our employees and customers becomes permeated by a smoke smell. Clearly,the benefits to the applicant and selected customers of Old Country Deli are far outweighed by the detriment to neighboring businesses,traffic(and particularly when heavy smoke crosses Marsh Street), and passersby. 2. Barbeque activity and excessive smoke constitute a private nuisance. (See reasons outlined above.) 3. Applicant has been in violation of applicable ordinances for a significant period of time, and should not be rewarded for such activity. 4. Applicant has ignored previous directives and requests from City officials,and continues to operate two to three barbeques/pits for several days each week. 5. Grant of use permit would either constitute unequal treatment among other similarly situated businesses,or set a precedent which will encourage open barbeque pits throughout the city. Attachment to Appeal of Dennis Adams Attachment L 6. Barbeque pits constitute a potential fire hazard. _ 7. The cleaning of the barbeque pits may include the unauthorized disposal of materials,including possibly hazardous waste,into storm drains. 8. Barbeques and food distribution areas encroach into required parking spaces. 9. Applicant has utilized unauthorized signage at the premises. 10. All applicable agencies have not been solicited for comment/approval (i.e.,APCD, Fire Department,etc.). 11. Application for use permit contains technical deficiencies, including lack of signature for property owner authorization; 12. The concept of"other outside sales"within the zoning regulations does not allow use to exceed 90 days. 13. Use by applicant poses a threat to public health. 14. Use violates Municipal Code(see §1102.3.1), and specifically the requirement that no waste matter,combustible material or refuse shall be burned in the open air without the express authorization by the Chief of the Fire Department. 15. It is not sensible for the City to allow a visually unattractive and environmentally unsound operation at the one of the gateways to the downtown area. 's outline is respectfully submitted, Dennis Adams Attachment to Appeal of Dennis Adams /� -- ---- -- _—— _ --- — SLO Citycouncil - Letter- Mayor Dave Romero_wpd page i RECELV_ED _ t40ouno�me "�a JUL ?..4 2004 g 3 SLO CITY-CLERK Attachment 8 Dennis A. Adams Foster Freeze 590 Marsh Street San Luis Obispo,CA 93401 _ Phone: (805)543-7639 Cellular: (805)748-8189 Email:dennviv@charter.net July 13,2004 The Honorable Mayor Dave Romero Street Address Apartment Number City,State/Province Zip/Postal Code Re: Old Country Deli-Illegal Barbeques Dear Mayor Romero, As you may know, on August 311, the City Council will be considering the appeal of the Planning Commission's decision to allow an open barbeque pit at the Old County Deli for four days per week. While l have tried to support my neighbor's use of the barbeque pit for a day or two per week in the early years, the excessive smoke from the use over the past few years has become unbearable to my customers and staff,some of whom suffer from severe asthma. I am confident that you will hear several health and safety-related arguments against the barbeque pits in the coming weeks and at the August 3rtl hearing,but while I share those concerns,I am still at a loss to understand why this one business has been allowed to openly violate the Citys regulations without a permit,while all other restaurants must comply with those regulations. For example, I understand that our Municipal Code prevents the burning of any combustible material in the open air within the City except when authorized by the Fire Department,yet Old Country Deli has admittedly done so for years without a permit. The City's Codes also prevent public nuisances,but although several individuals have complained about the excessive smoke every morning, no action has been taken against Old Country Deli,which has caused them to increase the number of barbeque pits and days of use. Finally,our own Staff acknowledges that no Use Permit.has ever been issued to allow"other outdoor sales"at Old Country Deli as required by your Code,and has also found inadequate parking on-site,yet no action has been taken against them. While all other restaurants(including mine)are required to cook indoors,Old Country Deli has been allowed to cook outdoors,although I am certain that the cost of converting to an indoor facility would be much less than parking fees which the City is now requesting from Old Country Deli. I have long heard rumors of the"good old boyo network in the City and its government,but I have refused to believe that such a network could exist. I hope I am right and the City Council will require Old Country Deli to follow the same rules that the rest of us do. Thank you for your consideration of this letter. Very truly yours, Dennis A.Adams Attachment 9 ® 12 May 2004 San Luis Obispo Jamie Britz, Planning Dept �OWntOWn 990 Palm Street Association San Luis Obispo CA 93401 PO. Box 1402 Re: Use Permit Old Country Deli San Luis Obispo California 93406 Dear M. Britz: Phone:805.541.0286 The San Luis Obispo Downtown Association recently discussed the matter of a FAX:805.7812647 use permit requested by Old County Deli, Norm Eggen, owner. This item has www..downrownslo.com been continued to 21 May 2004. Mr, Eggen, in his presentation to the Board, reviewed to date the events that have occurred since a complaint was filed with the City by a neighboring business and he also outlined measures he is being asked to take to comply with zoning requirements. It appears to the Board that Mr. Eggen has made considerable effort to work with the initial complainant about the barbecue smoke issue and that with regard to the City's requirements, he is willing to comply wherever possible. However, the issue of disallowing two barbecue units on the property at any time will pose a serious negative impact to Mr. Eggen's business—a vital piece of Downtown's economy—and, it is the view of this Board, should be reconsidered by the zoning officer at the upcoming hearing. Mr. Eggen has been conducting business for 20 years in a manner that has not been criticized until recently. Because of one complaint—which was not directly addressed to Mr. Eggen but was filed with the City of San Luis Obispo thereby triggering an investigation—Mr.Eggen will have to suddenly spend considerable sums of money, modify business practices and ultimately face business closure should the impact be too severe. Mr. Eggen has indicated he has no problem complying with as many of the conditions as possible but in the instance of needing two barbecues on Thursdays and for special.large take out orders on holidays and other events, it is essential that he be allowed to continue this practice. Mr. Eggen has also indicated a willingness to work with his neighbors as he as done in the case of Foster's Freeze and has already reduced his barbecue operation from seven days to four days. The Board voted unanimously to support Mr. Eggen's request fora 2"d barbecue unit on Thursdays and special event/large take out order days. We hope the 4-�^3 Attachment 9 Zoning Officer.will understand the severe negative impact that prohibiting his request will have on Old Country Deli and the City as well. Old Country Deli is one of Downtown's success stories and an exemplary business. It lies on the comer of the Downtown and its activity provides visual excitement to those entering the Downtown from the freeway. We would not want to see a reduction or loss of activity in this quadrant and we urge you to approve Mr. Eggen's request as described above. Sincerely, .� J Brad Bilsten, Pr sident Cc: Ken Hampian, CAO Wendy George, Assistant CAO Jonathan Lowell, City Attorney John Mandeville, Community Development Director Ron Whisenand, Deputy Director of Community Development Tom Baasch, Chief Building Official Shelly Stanwyck, Economic Development Manager SLO Downtown Association Board of Directors Norm Eggen, Old Country Deli 4-,-4 Attachment 9 Thomas A. Hutchings, Ph.D. 538 Felton Way San Luis Obispo, CA 93405-1141 541-6474 SENT VIA EMAIL June 28, 2004 Honorable Mayor Dave Romero Members of the City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Appeal City Planning Commission Adams/Eggen Old Country Deli Dear Honorable Mayor and City Council: I am writing in support of Mr. Dennis Adams, who is appealing the City Planning Commission decision June 23, 2004. I contend the City Council should exercise prudence in limiting outdoor barbecuing at Old Country Deli. I believe the smoke leads to respiratory problems, an unattractive image of the City an unhealthful nuisance and it does not benefit the environment. Beginning in May 2000, I worked at 1204 Nipomo Street, directly opposite Old Country Deli. During the two years I worked in that building, I needed to increase the usage of my prescription inhaler for asthma. I also noticed the need for constant laundering of my clothing to remove the smell of smoke. Co-workers frequently complained of respiratory irritation. In addition, there was a continual dingy appearance on the side of the building from the smoke. It was not uncommon to accidentally rub up against the side of the building and find greasy smoke on clothing. Entering other businesses in the area, one cannot escape the smell of charred flesh, even at times when the barbecue is not in operation. On the days when the barbeque is in operation at Old Country Deli and the wind is calm, there is an unattractive pall of smoke that hangs in the intersection. When the barbecue is in operation, the smell of charred animal flesh can be best described as "disgusting." I believe that people entering the city from the Marsh Street off-ramp of Highway 101 are not presented with the best image of the City when driving through this pall. My current employment is two blocks from the intersection of Marsh and Nipomo. When the barbecue is in operation, I need to alter my route to avoid walking through the pall of smoke emanating from Old Country Deli, when going to lunch or running errands. Attachment 9 I do so because the smoke clings to my clothing, is offensive and very unhealthful for my respiratory system. After driving through that intersection, I need to open the windows to air out the car. I recognize Mr. Eggen's desire to barbecue, which he has done apparently since 1984. Armed with an awareness of environmental and health concerns, I believe the City of San Luis Obispo should seriously evaluate the continuing of large scale open pit barbecues. Mr. Eggen's permit should be restricted to indoor barbecuing with the appropriate ventilation and filter systems, and only be allowed outdoor barbecuing during Thursday Night Activities' hours of operation, and in the Higuera Street venue. I recognize tradition can be a compelling argument for continuing certain practices. However, there comes a time when traditions need to be reevaluated in responding to nuisance smells, unhealthful air, a dingy pall of smoke and the environment. Sincerely, HsH Thomas A. Hutchings, Ph.D. „Ron Whisenand- re: planning commission nn BBQ at Nipomo and Marsh Page 1 Attachment 9 From: "Mercedes T. Swem” <slo me131 @hotmail.com> To: <rwhisenand@ci.san-luis-obispo.ca.us> Date: 7/9/04 9:32AM Subject: re: planning commission on BBQ at.Nipomo and Marsh Hi Ron, I will not be able to make the planning commission meeting on Wednesday evening dealing with the BBQ smoke issue at the comer of Nipomo and Marsh. I did want to express my feeling to the commission dealing with the ongoing use of multiple BBQ's in the open air. I would hope the commission reviews the following issues and makes their recommendations with reasonable findings; 1. The smoke from the BBQ's does effect neighboring businesses. 2. 1 believe the Deli has the right to conduct their business as any other restaurant in the our City would be allowed. Have there been any others denied the ability to have outdoor BBQ's? 3. The smoke from the BBQ's offends all that have to walk though it. I do find myself in a dual position. One is that I really We the products and services that Old Country Deli provides and the other position is that l have to walk through the smoke many times each day and I really find it inappropriate. I am totally in favor of our Thursday Night.Activities and the BBQ's on Higuera that night.They offer fantastic marketing opportunity for all the businesses in the downtown.This is sole and seperate from that because it occures multiple days throughout the week. Anythng you might be able to work out with OCD that would allow them to maintain their business, be consistent with zoning and current codes and laws; and not infringe on the rights of the neighbors I would be totally supportive of. Thank you for your time on this issue. I can be reached at my office at 544-4422. Tom Swem 570 Marsh Street San Luis Obispo, CA Attachment 10 RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING THE PLANNING COMMISSION'S APPROVALOF 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. Findin s. 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 pemiit. 4. The project is categorically exempt from environmental review (CEQA Guidelines, Section 15301, Existing Facilities). 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 r Resolution No.XXXX (2004 se. .) Attachment 10 Page 2 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 bum 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 burn out until coolso 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. 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. Resolution No.XXXX (2004 se. .) /�ttaChffi@fit 0 Page 3 On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2004. David F. Romero, Mayor ATTEST: Diane Reynolds, Acting City Clerk .,..City.Clerk . APPROVED AS TO FORM: (JimaKan Lowell City Attorney I � Attachment 11 RESOLUTION NO. (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE.A USE PERMIT FOR OUTDOOR BARBEQUING AT 600 MARSH STREET, THEREBY DENYING THE USE PERMIT.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 approval of 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 an 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. The establishment of an outdoor barbeque at this site will be detrimental to the health, safety or welfare of persons working or living at the site or within the vicinity, as evidenced by the land use compatibility concerns raised by the appellant and others where the use permit.was reviewed and considered. 2. The use of outdoor barbeques at this site is not consistent with City General Plan policies, which protect the downtown, LU 4.5, address pollutants to the storm drain,WWM 13.1.2 and S 2.1, as well as identify particulates such as smoke, fly ash, fumes, and soot as a major source of air pollutants. SECTION 2. Action. The Council hereby denies the use permit to allow use of outdoor barbeques. On motion of seconded by , and on the following roll call vote: AYES: NOES: — Resolution No.XXXX (2004 se.__ Page 2 Attachment 11 ABSENT: The foregoing resolution was adopted this day of 2004. David F. Romero, Mayor ATTEST: Diane Reynolds, Acting City Clerk City Clerk APPROVED AS TO FORM: Jonathan Lowell . City Attorney 4 -�a r Page 1 of 1 SLO Citycouncil-Old Country Deli BBQ From: "AlbertJ Ramirez" <golf4all @ sbcglobal.net> JUL2 6 2004 To: <slocitycouncil@slocity.org> Date: 7/25/20044:31 PM SLO CITY CLERK Subject: Old Country Deli BBQ To: SLO City Council I wish to comment about the outdoor barbequing being conducted by Old Country Deli on Marsh Street.While I am a fan of smoked or BBQ'ed meat(have my own wood burning BBQ), I feel it's intrusive on others when conducted with the frequency and quantity being done by Mr.Eggen. Further, I do not believe the issue is whether the owner of Old Country Deli should be allowed to continue barbequing on certain days or the number of BBQ's he.should be allowed to have.The real issue here is that all businesses preparing food in this fashion are required to cook indoors(with the exception of Farmers Market or other special occasions). I believe that there are city and county ordinances in place,by which all other food preparation establishments are required to cook indoors or at the very least, provide the public with the consideration of minimizing the smoke produced with outdoor ventilation systems. Mr. Eggen should consider installation of such equipment or move his operation indoors. Aside from the strong smell produced by oak wood burning, it might also be a safety issue and possible health factor issue for those in close proximity to the daily barbequing.Why has the city and planning commission decided to allow Mr. Eggen to continue violating ordinances while requiring others to conform? I have also noted that when as many as three BBQ's are located at his site,he no longer can provide minimal parking required by law. If Mr. Eggen is-allowed to continue this apparent unlawful operation,then I guess any other food merchant should also be allowed the same opportunity.Wouldnl that pose a dilemma? If his argument is that it's too costly to change his operation and it might risk his continued success,then one might ask why his operation has increased in size over the years and he has not conformed before now. Respectfully, Albert J. Ramirez 1156 Ella St.. San Luis Obispo, CA a 2 COUNCIL %CDp DIR RED FILE [Tff FZACA0 CAO ,�=!N DIR �-IRE CHIEF Nj -TING AGENDA j�ATTORNEY DPW DIR ITEM # 0 CLERK ORI'3 POLICE CHF DAT �T 7E�DS REC DIR ;YUTIL DIR /HR DIR -__ file://C:\Documents%20and%20Settings\slouser\Local%20Settings\Temp\GW}00002.HTM 7/26/2004 SLO Citycouncil Letter-Mayor Dave Romero^wpdPage 1 -- - -- J -RECEIVED JUL 14 2004 g 3 SLO CITY CLERK Dennis A. Adarns Foster Freeze 590 Marsh Street San Luis Obispo,CA 93401 Phone: (805)543-7639 Cellular:(805)748-8189 Email:dennviv@charter.net i July 13,2004 The Honorable Mayor Dave Romero Street Address Apartment Number City,State/Province Zip/Postal Code Re: Old Country Deli-Illegal Barbeques Dear Mayor Romero, As you may know, on August 3rtl, the City Council will be considering the appeal of the Planning Commission's decision to allow an open barbeque pit at the Old County Deli for four days per week. While I have tried to support my neighbor's use of the barbeque pit for a day or two per week in the early years, the excessive smoke from the use over the past few years has become unbearable to my customers and staff,some of whom suffer from severe asthma. I am confident that you will hear several health and safety-related arguments against the barbeque pits in the coming weeks and at the August 3r°hearing,but while I share those concerns, I am still at a loss to understand why this one business has been allowed to openly violate the City s regulations without a permit,while all other restaurants must comply with those regulations. For example, I understand that our Municipal Code prevents the burning of any combustible material in the open air within the City except when authorized by the Fire Department,yet Old Country Deli has admittedly done so for years without a permit. The City's Codes also prevent public nuisances,but although several individuals have complained about the excessive smoke every morning,no action has been taken against Old Country Deli,which has caused them to increase the number of barbeque pits and days of use. Finally,our own Staff acknowledges that no Use Permit has ever been issued to allow"other outdoor sales°at Old Country Deli as required by your Code,and has also found.inadequate parking on-site,yet no action has been taken against them. While all other restaurants(including mine)are required to cook indoors,Old Country Deli has been allowed to cook outdoors,although I am certain that the cost of converting to an indoor facility would be much less than parking fees which the City is now requesting from Old Country Deli. I have long heard rumors of the"good old boy"network in the City and its government,but I have refused to believe that such a network could exist. I hope I am right and the City Council will require Old Country Deli to follow the same rules that the rest of us do. Thank you for your consideration of this letter. Very truly yours, Dennis A.Adams Page 1 of 1 SLO Citycouncil-AP-PC 49-04: 600 Marsh Street -- 'iFii�dowrtta�ir From: "dennviv" <dennviv@charter.net> hmile ndl.mee" JUL 2 2 2004 To: <slocitycouncil@slocity.org> Date: 7/21/2004 5:46 PM SLO CITY CLERK Subject: AP-PC 49-04: 600 Marsh Street Dear Council Members: I intend to present a case concerning the health and environmental issues caused by the outdoor barbeques at Old Country Deli. For you to better understand my position and concerns, I cordially invite you to visit the site of Old Country Deli during the course of your business day. I am confident that the scent of barbeque would be with you the remainder of your day. During your visit, please observe the health and environmental concerns/issues that I have: Grease stains on the sidewalk Animal fat washed into street drains(which lead to creek) Burned tree Quality of the air from smoke I will be forwarding you a package containing various photos taken at Old Country Deli for your review. I also understand that many buildings in the vicintity of Old Country Deli have not been rented for some time due to the excessive smoke from the barbeques. Old Country Deli has not only broken City laws and ordinances and.gotten away with it but,they have had no regard for the impact that their barbeques are having on the surrounding businesses. The fact that Old Country Deli has been breaking the law for the past 10 or so years-and gotten away with it-should not be cause for the use of the Grandfather Clause. I understand that the only reason why earlier complaints where not registered is because the belief was that the City had already permitted use of the outdoor barbeques. In fact,the City's Ordinance Officers should have made Old Country Deli comply along time ago. Old Country Deli is claiming that their business will be negatively impacted if they have to discontinue barbequing. I am not suggesting that the barbeques stop altogether, I am looking for a solution that has the best interest of all parties concerned. I will also be forwarding photos of indoor barbeque alternate solutions for Old Country Deli. These photos are of local businesses and this solution would have no limit on the number of barbeques per week Old Country Deli could have. Thank you for your time. 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A study by the French environmental campaigning group Robin des Bois found that a typical two-hour barbecue can release the same level of dioxins as up to 220,000 cigarettes. Dioxins are a group of chemicals known to increase the likelihood of cancer. The figures were based on grilling four large steaks, four turkey cuts and eight large sausages. This amount of cooking was found to release 12-22 nannograms of dioxins into the atmosphere. The researchers also found that the average concentrations of dioxins in the vicinity of the barbecue ranged from 0.6 to 0.7 nannograms per cubic metre - up to seven times higher than the level authorised for public incinerators at the point of discharge from the chimney. Food The French food safety agency is also undertaking research into the possible cancer-causing effect of carbonising food during the barbecuing process. They have found that some hydrocarbons which have been linked to cancer are incorporated into the food. Desmond Hammerton, a retired professor of Marine Biology, is campaigning to raise.awareness of the problem. He called for warnings to be included on barbecue equipment. He said: "I'm sure that just the odd barbecue during the summer is not going to have any effect. "But if you have a barbecue once or twice a week through the summer, and all crowd round it and inhale the fumes then over 10 or 20 years maybe that would do something." Research published by the Food Standards Agency shows that the average intake of dioxins and dioxin-like chemicals called PCBs in the diet has fallen by.50% between 1997 and 2001. Story from BBC NEWS: http://news.bbc.co.uk/go/pr/fr/-/2/hi/health/3106039.stm Published: 2003/07/29 14:16:10 GMT © BBC MMIV RED FILE - MEETING AGENDA DATE—d-;6ITEM # Pff DENNIS A. ADAMS FOSTER FREEZE 590 MARSH STREET SAN LUIS OBISPO, CA 93401 PHONE: (805) 543-7639 CELLULAR: (805) 748-8189 EMAIL: DENNVIV@CHARTER.NET July 23,2004 City Council Members City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 RE: AP-PC 49-04: 600 Marsh Street Dear Council Members: In support of the appeal to the approval of an outdoor barbeque and seating,I am providing this packet for your review and consideration. I would like to address my primary concerns and issues with the outdoor barbeques and offer resolutions that are in the best interest of all parties. Health: Customers who are walking down the sidewalks have to smell and breath the smoke. (See Exhibit 1) • Causes additional health issues for employees in the area who are asthmatic. • Excessive smoke blows across the intersection, which could potentially cause accidents involving pedestrians and/or vehicles. (See Exhibit 1) Environment: • Use of a cord of wood per week,which is contrary to the City's ordinance against new housing tracks burning raw wood in their fireplaces. • When you have that amount of smoke going in the air,all the animal fat drops to the ground. (See Exhibit 1) • The grease stains on the sidewalk from the animal fat drops that are being washed into the street drains,which lead to the creek. (See Exhibit 1) • The tree is being burned. (See Exhibit 3) hadCP1.1--ti p/;WzF.- COLING . COO DIR 7in CEIVED CAD r'IN DIA ACAO FIRE CHIEF ��j4 ATTORNEY PW DIR CLERKJORIa POLICE CHF TY COUNCIL DE RTC DIR UTIL DIR _ J6 . ❑ FIR DIR Not only did Old Country Deli ignore City Laws and Ordinances for the past 10 or so years,they are also in violation of the current adopted Resolution No. 5401-04. City Laws/Ordinances: • Currently,Old Country Deli is violating the current adopted Resolution No. 5401-04, Page 2, Items under"Fire Department', wherein it indicates,"All barbeque pits shall be 10'from buildings and any combustible materials, including live trees and landscaping." (See Exhibit 4) As you will see in the photos,one of the barbeque pits is approximately 2'from a live tree,causing the tree to be burned and T from sidewalks. • Currently,Old Country Deli is violating the current adopted Resolution No. 5401-04, Page3, Item 9 under"Public Works Department",wherein it indicates,"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." (See Exhibit 4) Old Country Deli has washed the soot and animal fat from the barbeques into the street drains at least twice since this item has been brought before the City. • Currently,Old Country Deli is violating the current adopted Resolution No. 5401-04, Page 2,Item 2 under"Section 2. Action.", wherein it indicates,"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....". (See Exhibit 4) Old Country Deli continues to begin the barbeques around 8:15 am every day they run the barbeque. I feel the award of running the barbeque four days per week and legal holidays was because of the City's notion that I was the only one complaining. This is simply not the case. Since the article published in the Telegram Tribune on June 24ie, others complaints have arose at a ratio of three to one, in support of the appeal,directly relating to health issues. A realtor in the immediate area surrounding Old Country Deli has expressed his concerns about showing two of his properties and the lack of interest due to the smoke drifting across the street from the barbeques. He has further concerns about his clients leaving his appointment with the lingering scent from the barbeque smoke. In the immediate area surrounding Old Country Deli,at least three businesses have expressed confusion and a lack of understanding as to why Old Country Deli has been able to violate the law and essentially been rewarded for doing so. I would like to propose two alternative solutions for the outdoor barbeques at Old Country Deli. Resolution No. 1: Install an outdoor brick barbeque with smoke ventilation system where the smoke would be released well above the buildings.(See Exhibit 5) PAGE 2 of 3 Resolution No.2: Install an indoor barbeque with flute and hood system. (See Exhibit 6) Resolution No. 2 is the most sensible resolution for protecting human health and the environment. This resolution would not place any limitations on the hours of operation or days of operation of the barbeque. This is also the system that is required by restaurant owners in the City. Local businesses that run indoor barbeques with Resolution No. 2: • San Luis Fish& Barbeque • F. McClintock's Salon • Firestone Grill • Rib Line • Mo's Barbeque Local businesses where the City has required them to move their barbeques indoor: • Padre's Deli • Cork n' Bottle • Laguna Suds n' Grub Moving the barbeque indoors, should not be considered a financial hardship for Old Country Deli. Many other businesses in our City have been required to operate inside their building and are still in business. Thank you for your time and consideration. Sincerely, §WW- -/� �j�?fit' Dennis A. Adams FOSTER FREEZE 590 Marsh Street San Luis Obispo,CA 93401 (805) 748-8189 (805) 541-4260 PAGE 3 OF 3 Exhibit Dist Exhibit 1 Various photos showing the smoke coming from the barbeques Exhibit 2 Various photos showing the grease stained sidewalk, indicating that the grease is being washed into,the street drain and into our creek Exhibit 3 Various photos showing the location of the barbeques in relation to the trees Exhibit 4 Planning Commission's adopted Resolution No. 5401-04 Exhibit 5 Various photos of alternate solutions for keeping the outdoor barbeques Exhibit 6 Various photos of alternate solutions for moving the barbeques indoor EXHIBIT 1 • a °`r tA /LLyM,�.�' o' P J''• kY.r.. fi y( .��,(• ! -t7: 1A..{H T n17 Y�rY �_{.^'K+ �_�f+•� V.. '� �i r0f `'ey4 �mY� ,o.J" ,✓ �J Vr-'' -> �(.� "'•y j,Qp"�� ,�rl _ 13° CCAP o r ..�.' b�, � o ��J�'.. o. - / •� q Y'c'� d`o.�' 9 �. P _ c� 4? 0 7 - -�. . 13 1 OQ .'L,r o � � �? .� J V' �6 �..o � �� oe� as`11' c 0 �• Pv1 �.��. ♦ - e �.. AoIN Vp 0 0• 3 � r o `, 'JC yYV?.L ✓�. Y - _ RE Y, .a XrD 7 uuu.J �l ipCC-r � eq '•� � b� �e�O �p�„ o c0 ��� � _ ° � O .r�, 0 0-0 4C 4 'j- 1h� 00 o O V q 4 ti _o. ?moo ,,a. G. S o f� o 6 i �``y�y��- ° Com}, � � y/�JJ� °�g `. �-, �� ;_f�- a °�•< , r r r' ,,� 1�,.,'�y .�: :.I-P D r pp (/ �/ � ' 'L; �° `�-rim'. I �4. ..• '" ' .,,� 'Qa t v`1 yij � t i fD 'jar-� U �L �.� . . � ���V �C..N♦ �_A� � "o \ � st _ OQ - Cz �—��I-- ExHIBIT 2 �/Ip�f'V�� r+y . • ! I 7'.'I ■ I\ uq �II�I �.cn�n 20040721 • - 111 c LJ . �. .. ai1�Bt A I■ iul �11�I 20040721d- 111 9 o . Li '� -Ti i z u. n 23 Y � T a� _ o o e " o u 7 — ^- L n - - �.n l '� ��� �f��r `'Y b��l��a 49•�� O lb 62 Op rc� �,,�� �� �'�r ) n SO• O YµAµV yy C, sa 04 - - ® av 1� i r r � � 4 :sem S ° QR��°.• ��'i �- �^} ✓ �� p �"'' f J �� ti• �Imo`` T , J ° EXHIBIT 3 1 t • _.�? - -�_ice(J • \��:; _ f � � c C s' n 2004 0721deli0006.JPG Cb �° ° 'ice '`�,.D. � may' "� � .v _• ° t tat a , v o�� A � ® d�� ° amp �• �� m � 91 c � 2004 0721deli0007.JPG A a 0o a _` _ ty m g e o e •ob'm O 0 0 oB ';d D*07+ 1 e I go c f o > o o i 0 r 0 µµ OI � q v Q' o .� 2004 0721 deli0009.JPG bio 8• �_ CIO er �I 4' i 0 1 0 0 o 2004 0721 deli0010.JPG EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5401-04 A RESOLUTION OF TF E SAN LUIS OBISPO PLANNING COMMISSION DENYING THE APPEALS OF THE HEARING OFFICER'S APPROVAL i- AND CONDITIONS OF APPROVAL, AND UPHOLDING THE HEARING {?4.. OFFICERS DETERMINATION TO APPROVE THE USE PERMIT �.• ALLOWING OUTDOOR SEATING AND ONE BARBEQUE FOR PROPERTY LOCATED AT 600 Marsh, AP-PC 49-04 WHEREAS, the appei{ nt, on March 17, 2004, submitted an application for outdoor seating and barbequEi; and WHEREAS, the Hearing Officer, on May 21, 2004, approved the request for outdoor seating and barbequ3 at 600 Marsh subject to conditions in the C-D zone; and WHEREAS, Dennis Adams, owner and operator of Foster's Freeze, located at 590 Marsh, and the applicant requ asting outdoor seating and barbecue, Norm Eggen, filed appeals of the Hearing Officer's action on May 31, 2004 and June 1, 2004; and WHEREAS, the Planairig Commission of the City of San Luis Obispo conducted a public hearing in the Coun. t.Chamber of City Hall, 990 Palm S get, San Luis Obispo, California, on June 23, 2004;fior the purpose of considering the appeals of the Hearing Officer's action for Applicatron;No. A 49-04; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of tha:applicant and appellant, interested parties, the records of the Hearing Officer's action;, and the evaluation and recornmendations by staff, presented at said hearing. NOW, THEREFORE, 3E IT RESOLVED by the Planning 1�ommission of the City of San Luis Obispo as follows: Section 1. Findings. based upon all the evidence, the Commission makes the following findings: 1. As conditioned, the prgposed use will not harm the general health, safety, ang welfare of those workand living in the vicinity becausa ,conditions of approval limiting the. number 0q, SQ's, and the frequency and duration'of their use evil! reduce smoke generated by the facility at its affect on the nviron. 2. The total required parking for the Old County Deli with the proposed outdoor BBQ and customer service area is seven spaces, which"can be provided with. existing on-site parking.Lnd the payment of in-lieu fees. The Parking calculation for the proposed use was based on the following formula, site plan submitted by the applicant and description lof proposed use. 1. Food Preparation Arca (45 sq. ft.) — 1 space per 35Q square feet=.0.128 'I J I i .y . r ` Resolution No. 5401-04 Page 2 1 2. Customer Service Area (462 sq. ft.) — 1 space per 350 square feet = 1.32 3. The proposed use is consistent with General Plan Land Use Element Policy 4.161 which supports street level activities, including restaurants, which benefit from and contribute to pedestrian traffic, and; complies wijh Zoning Regulation•, requirements with approval of this use permit. u 4. The project is catggq!rically exempt from environmental review (CEQA Guidelines, Section 1530 , Existing Facilities). Section 2. Action. The Planning Commission hereby upholds the Hearing Officer's determination to approve the use permit allowing outdoor seating and one barbeque, .subject to the following conditions: 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 Devqlopment 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 11 >urs. A schedule of -barbeque days shall 0,p,provided to the Community De%iFilopment Department Staff. , I 13:uiklin4 Department ' 3; An outdoor dining area Vifl 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 to 10' from buildings and any combustible materials, including live trees and landscaping. „ 6. No BBQ shall be moves(,once it is lit. Barbeques being a;ed for the Thursday evening Farmer's Market shall be moved into position on r-iguera and lit at 4:45 pm in accordance with tiie'Downtown Association's Guidelines . 7:'-- All barbeque pits shall t6-extinguished by smothering or allowing the fire to burn out until cool so as to minimize contaminated water entering ;storm drains. Public Works Department n' P ;_.Resolution No. 5401-04 4 i -Page 3 8. The parking-in-lieu fe, , if proposed to satisfy parking requirements for the expanded use and/or limination of a parking space for said use shall be based on the fee requiremen-yfor additions (expanded use) rather than the fee allowed for changes of occupancy. The fee per parking space mabe calculated based on the fee resolution in effect at the time the use was pur . rtedly established, $4,000 per space. i� 9. The project plans and description of operations shall be aMended to preclude the runoff of water from th4 firebox to the city street/public stop drain. Revise the provisions for putting out the fire to use an alternate methid to extinguish the fire or collect all waters in the firebox or separate sump for diaposal to an approved location. Requirements for extinguishing fires, supervision of the BBQ operation, clearances to combustible construction, etc. shall be reviewed and approved to F. the satisfaction of thefire Department. F , On motion by Commissioneri,Aiken, seconded by Commr Miller, and on the following roll call vote: AYES: Aiken, Miller, Osborne,,,Christianson It . NOES: Boswell, Loh REFRAIN: None ABSENT: Caruso The foregoing resolution was gassed and adopted this 10day nf,March 2004. fir! n Ni Rona hise d, Secretary Planning Commission by: ' I "' 4 Pie, T ExHIBIT 5 4 � ►ly s ' o ROWt - 2004 0721deli0011 .JPG � t 1� o �� �� ��� fir✓_. »! 2004 0721deli0014.JPG EXHIBIT 6 0 L?j cO o 1 2004 0721deli0015.JPG i , IA, ^^ 1 v', n O . 2004 0721deli0016.JPG Apgig Iry L Belo 1 Tutoria �N.ewsBank Home Search Saved Items Search History —7) SEARCHINSTEAD: SEARCHING: UNITEDSTATES (62titfe(s)-seealis California Titles for: ll�ig�terf!�� advanced search new.search q i _�nd ban and los an S� man We United States All Papers return; IMost recent matches first 7, from: all documents Create Custom List Search Hint: Put phrases in quotation marks,e.g.,"gun control" Record 58 of 116 Estimated printed pages:3 Back to Results Printer Friendly Previous Next e-mail this article to:lenter valid e-mail address here.. ! F. Save this Article THE SAN FRANCISCO CHRONICLE October 6, 1990 Edition:FINAL Section:NEWS Page:A13 Index Terms: BARBECUES FOOD:COOKING EQUIPMENT BAN AIR POLLUTION CA L.A. Will Ban Smog-Causing Barbecue Equipment Author: Marla Cone Los Angeles Times Dateline:El Monte, Los Angeles County Article Text: Moving their battle against smog to back-yard barbecues and beach cookouts throughout Southern California, air quality officials yesterday adopted the nation's only rule that requires consumers to use environmentally friendly ways to cook outdoors. Smog-causing barbecue equipment - including traditional types of lighter fluid and presoaked briquets - must be removed from store shelves in four counties by January 1992 under the South Coast Air Quality Management District's new rule, approved by a 10-to-1 vote. "It's a very small bite (in smog), but it's a necessary one," said Marvin Braude, an air quality board member and a Los Angeles city councilman. "We must regulate individuals' activities. . . . This is a genuine and important aspect of cleaning the air." Dubbing the measure "Use a barbecue, go to jail," critics have used the lighter-fluid rule as an example of how the anti-smog plan is oppressive and demands too many personal and economic sacrifices of Southern Califomians. Sixteen other polluting household products-from bug spray to air fresheners-will be targeted by the state Air Resources Board next week. The measure dna not ban outright any barbecue products; it^ 1y outlaws stores selling anything that emits more than 0.0 �s�nds of pollutants each time a grill is start( etailers who sell illegal products face fines as high as$25,660 a day. Propane and gas grills, electric charcoal starters, paper tinder chimneys and some fire chips and starter gels already comply. But lighter fluid and self-starting charcoal can be sold after 1991 only if manufacturers can change the formulas and provide tests proving the products meet the new standard. The petroleum-based fluid releases four to five times more pollutants than the limit, according to the air quality district's estimates. During two hours of impassioned testimony and debate, barbecue industry officials opposed the rule, saying that it restricted Southern Californians' freedom to cook outdoors, which is as much a part of the region's popular culture as sunbathing and surfing. The stakes were high for the manufacturers, who waged an intensive mail and phone lobbying campaign for months. As much as $5:8 million worth of lighter fluid is sold a year in the four-county area, about 6 percent of the product's national sales, according to the district's estimates. About two-thirds of consumers who grill food prefer lighter fluid; according to the Barbecue Industry Association, a trade group based in Illinois. "People want to use what's convenient.And if lighter fluid is not on the shelf, they may use something that is much worse and much more unsafe, like gasoline or paint thinner,"said Sandra Burton, executive director of the association. Manufacturers warned that a survey that they conducted shows that 70,000 Southern Californians will turn to gasoline to soak charcoal, which is extremely dangerous. Board officials said, however, that common sense will prevail among consumers because options such as electric starters are safe, readily available and cheap. Clorox Co., which makes lighter fluid and charcoal, and other manufacturers failed to persuade the board to grant them more time to comply and a less stringent standard so they can reformulate lighter fluid to make it bum cleaner. "This rule is unprecedented because industry finds its products effectively banned with really no chance to reformulate," said Pat Meehan, director of environment and safety for Kingsford Co., the barbecue-products division of Clorox Co. in Oakland. Burton said that manufacturers will try to reformulate lighter fluid to meet the new standard. Every day, residents of the four counties involved - Los Angeles, San Bernardino, Orange and Riverside- spray about 2,700 gallons of lighter fluid, which contains 100 percent petroleum-based compounds, the main ingredient of smog. Consumers using the fluid emit an average of two tons of Pollutants-a Pollutants-aday, which is equivalent to the daily emissions ot 34,000 cars or an of remery. _ imma Ing I of the region's daily emissions. ghter fluid will cut less than two-tenths of 1 percent On a typical summer day, when smog is especially troublesome, use of lighter fluid doubles, with fumes reaching about four tons a day, the district says. "This is symbolic because we're breaking into consumer products," said James Lents, executive officer of the air quality district, which traditionally has regulated factories and other businesses. "But it is more than just a symbolic move. In the summer, it would get rid of four tons of emissions a day. That's as much as the entire aerospace industry." Copyright 1990 San Francisco Chronicle Record Number. 1100442 Article Bookmark(OpenuRL Compliant.n.A. Will Ban Smog-Causing Barbecue Eouioment(THE SAN FRANCISCO CHRONICLE October 6. 1990) htip�://docs.newsbankcom/openurl?ctx ver-z39.88-2004&rk id=info:sidlw.newsbank.com:NewsBank:SFCB &rft vat format=infb:ofi)fmtkev:mtx:ctY&rft dat=0EB4F2BFDFC22D2E&svc dat=lntoWeb:aggregated3&req_dat-ODOCB4EDOFDDAFOA R.,n f SR of IIA