HomeMy WebLinkAbout11/01/2005, PH1 - ONE YEAR REVIEW OF A USE PERMIT TO ALLOW AN OUTDOOR BARBEQUE IN CONJUNCTION WITH AN EXISTING DELI counat
acEnaa Repot
CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Development Direct r
PREPARED BY: Jaime Hill, Associate Planner
SUBJECT: ONE YEAR REVIEW OF A USE PERMIT TO ALLOW AN OUTDOOR
BARBEQUE IN CONJUNCTION WITH AN EXISTING DELI(OLD
COUNTRY DELI) AND MODIFICATION OF PROJECT CONDITIONS
AT 600 MARSH STREET (AP-PC 49-04).
CAO RECOMMENDATION
Evaluate the applicant's compliance with Use Permit Conditions of Approval and determine that the
nuisance has been satisfactorily abated to the extent that. the condition requiring venting of the
barbeque can be removed from project conditions of approval.
REPORT-IN-BRIEF
Situation
In August 2004; the City Council approved on appeal, the use of an outdoor barbeque at the Old
Country Deli, located at 600 Marsh Street (Attachment 2, June 23, 2004 City Council Meeting
Minutes, Staff Report & Resolution 9597).'The approval was contingent on nine conditions of use
relating to the barbeque operations, and a tenth condition which would require significant changes
to the business operations. This condition states that within one year of the date of the resolution
(August 3, 2004) that either the outdoor barbeque would need to be hooded to vent the smoke, the
barbequing be moved indoors with a standard hood and ventilation system, or the activity ceased.
After exploring the options available, the applicant has submitted a plan for complying with Council
direction. However, it is now.apparent that short of discontinuing the activity, which would most
likely result in the closure of the business, the available options are either infeasible at this time or
unlikely to produce thedesired effects.
Staff is looking for direction from the. Council to determine if, after implementation of the other
nine conditions of approval, the central issue of nuisance due to smoke and neighborhood
compatibility is still such that a modification of barbequing technique or cessation of the barbequing
is necessary as called for in condition No. 10.
DISCUSSION
Previous Review
Although barbequing has occurred at this site for more than 20 years, intensified use constituted a
nuisance, and the owner was required to apply for a use permit to address concerns with the use. In
1
Council Agenda Report=Review of Use Permit 49-04
600 Marsh Street
Page 2
March 2004, the applicant requested approval of patio seating and an outdoor barbeque to provide
fresh cooked meats in conjunction with an existing deli business. The matter was originally
reviewed by the Hearing Officer, who approved the seating and outdoor barbeque with conditions,
including limited days and hours of operation. Two separate appeals of.the Hearing Officer's Use
Permit approval were received, one from Dennis Adams, the owner and operator of Foster's Freeze,
located at 590 Marsh, expressing his opposition to any outdoor barbeque at this site, and a second
from Norm Eggen, owner and operator of the Old Country Deli, objecting to the limitations on the
barbequing imposed by the Hearing Officer.
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. Dennis Adams filed a second appeal, based on his ongoing concerns with the
outdoor barbeque, specifically citing the Municipal Code regulations regarding burning of
combustibles, Public Nuisance regulations; and Code Enforcement relating to the applicant's use of
the outdoor barbeque prior to receiving a Use Permit. At that time the City also received three
additional letters regarding the project; the fust 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 supported the appellant and felt that the impacts of outdoor barbequing outweighed
any benefit to the applicant (see Attachment 3, Letters of Appeal and other Correspondence).
After reviewing the record-of the Hearing Officer's and Planning Commission's decisions, the
letters both in support and opposed to the proposed use, and hearing public comments, the Council.
approved the use, adding condition No. 10 to the final resolution as previously highlighted (see
Attachment 2, Council.Minutes, Staff Report and Resolution 9597 (2004).
Compliance with Conditions of Approval
The central issues with thei outdoor barbeque have been smoke and neighborhood compatibility.
While the Council was supportive of the continuing operation of the deli, including the use of a
barbeque, there were expectations that the smoke produced by the barbeque would be vented in the
future for the use to be appropriate. If neither venting of the outdoor barbeque nor moving.
operations inside were possible, then within one year the applicant would be required to cease the
barbequing activity.
On July 14, 2005 the applicant submitted a letter summarizing the efforts that he has made in order
to comply with this condition of approval, the limited options available to him after a year of trying
to secure funding, and the proposed improvements that he was now seeking to make based on
economic feasibility (Attachment 4, Applicant Proposal for Covering and Venting Outdoor
Barbeque). It has become clear that despite the applicant's efforts, it may be infeasible to effectively
comply with this condition while retaining the viability of the business. Apart from conditions
applied to the permit approval, there are no code regulations that would mandate venting_ the
outdoor barbeque. Below is a discussion of each of the four options.
4'
Council Agenda Report=Review of Use Permit 49-04
600 Marsh Street
Page 3
Option 1: Exhaust the Outdoor Barbeque to Vent Smoke
In evaluating potential ventilation systems for the outdoor barbeque, the applicant had to consider
both City regulations and the particularities of his business model without compromising the quality
of the product that he offers. Mr. Eggen's chief concerns were safeguarding the quality and
consistency of his deli products and maintaining the portability of the barbeque structure to allow
for cleaning and off-site catering. Keeping these factors in mind, the applicant has proposed to
utilize a heavy-duty portable metal awning on wheels that can be placed over the barbeque during its
use, and moved out of the way to the patio area on non-barbeque days. The 15-foot by 15-foot
square heavy metal framed structure made by American Cemetery Supplies would be modified to
include a 10-inch diameter chimney for venting smoke into the air above street level. The barbeque
smoke would be lifted by heat, channeling smoke up in the air and reducing accumulation of smoke
at street level. Although mechanical exhaust fans were evaluated, on the .advice of several air-
movement engineers the idea was abandoned as being impractical, economically infeasible, and
beyond the allowances of current technology. Examples of the shade structure and roofing are
included with the applicant's letter(Attachment 4).
Although the proposed roof and chimney system would direct the smoke upwards alleviating some
of the neighborhood concerns, the system is less than ideal for several reasons. The primary concern
with this system-is that as designed, it does not comply with either Fire or Building Code provisions;
however, no viable alternatives have yet to be identified. The Chief Building Official has concurred
with the applicant's mechanical engineer that it is not feasible to completely vent the barbeque
without constructing a building around it and utilizing a mechanical system. The proposed design
also presents aesthetic concerns given the portable design and the height of the chimney that will
likely be necessary for the venting to be effective. Before the structure could be moved onto the site,
architectural review would be required to address the structure's compatibility with existing site
improvements and the downtown location. Additionally, due to the size of the structure, additional
parking spaces would be impacted resulting in additional parking in-lieu fees being required.
Option 2: Move the Barbeque Indoors
The type of equipment and building improvements necessary to produce the Old Country Deli's-
products with a conventional indoor hood and ventilation system will cost between $65,000 to
$100,000 to purchase and install., After putting together a business plan the applicant approached
several funding agencies, including the Economic Vitality Corporation (the City's Revolving Loan
Fund Coordinator), Coast National Bank; Mission Community Bank, Wells Fargo, Heritage Oaks
Bank, and the Small Business Administration. Despite his efforts over the course of many months,
the applicant was unable to secure the needed funding. The applicant has determined that at.this
time it would be financially infeasible to go forward with plans to move the barbequing operation
indoors without financial assistance of a lending institution. Unfortunately due to other financial
challenges the applicant cannot qualify for a loan at this time.
i
Council Agenda Report—Review of Use Permit 49-04
600 Marsh Street
Page 4
Option 3: Cease the Barbequing Activity
The third option of discontinuing barbequing as part of the Old Country Deli's business was not
intended to be an "option" per se, but rather the default action if the barbeque could not be moved
indoors or satisfactorily vented. Requiring the business to cease its barbequing operations would
most likely result in the end to one of San Luis Obispo's long time local businesses.
Option 4: Reduce the Operation Further
The forth option would be to further reduce the operation of the outdoor barbeque to diminish the
potential for nuisance. The applicant has indicated that if outdoor barbequing is prohibited the
business would no longer be viable. However, some further reduction of the days or hours of
barbequing may be possible without appreciably damaging the business.
Is-the Use Still a Nuisance?
Since the approval of the use permit for outdoor barbequing, the Old Country Deli has been
operating in substantial compliance with the use permit conditions of approval. Public testimony on.
this item will provide additional information. The barbequing activities have been limited to a.single
outdoor barbeque four days per week and legal holidays, between the hours of 9:00 am and 5:00 pm
(9:00 pm on Thursdays) and with a second barbeque on Thursdays.between 2:00 pm and 8:00 pm.
Barbequing operations, including provisions for extinguishing fires, disposal of waste products, and
the location and treatment of lit fires have all been reviewed and found to be in compliance with
Building, Public Works, and Fire codes and standards.
During this year-long period, the City has not received any complaints from neighbors. This
suggests that the use as it exists today no longer constitutes a significant nuisance. The lack of
complaints could also be the result of the expectations created by the Council's previous action. The
Fire Marshall has previously expressed his satisfaction with the location of the barbeque, but has
indicated that if the use were to be allowed to continue beyond the year it may need to be moved
farther from the live tree on Marsh Street.
Conclusion
Outdoor barbequing in conjunction with the deli/restaurant 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 City Council, it
seems that the findings can be made to support the continued use at this location while maintaining
consistency with the General Plan. The lack of complaints since the change of operating practices a
year ago indicate that 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, may have
been sufficiently improved through restrictions on the business. Because the condition to vent the
barbeque was developed to address the potential nuisance, and is not a standard requirement of
either the mechanical or fire code, and the use is in compliance with all applicable APCD
7
Council Agenda Report—Review of Use Permit 49-04
600 Marsh Street
Page 5
Council could remove Condition No. 10 of the original use permit, finding that the other nine
conditions of approval adequately mitigate any concerns or impacts. In contrast, if the Council
requires strict compliance with Condition No. 10 in particular, it may set a new precedence.
regarding other barbeque activities within the City, including Farmers Market.
Environmental Determination
The 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 revised Use. Permit adopts the proposed
environmental determination.
CONCURRENCES
All applicable City departments have been contacted, and their concerns addressed through
conditions of approval. Several City departments, Fire, Building, and Public Works, have concerns
specific to the hooding and venting of the outdoor barbeque and relocating the barbeque indoors,
which have been discussed in the analysis section of this report. If the applicant is directed by
Council to go forward with either of these options, Architectural Review and Building Permits will
be required. Concerns of the Economic Development Manager center on the continued viability of
the deli, which is a long time local San Luis Obispo business which contributes to the uniqueness of
our downtown. Additionally, the Fire Department has required that if the outdoor barbeque were
allowed to continue, it will be required to be moved to be at least 10 feet away from the tree to
which it is currently hitched, a location that was previously authorized for the one=year limited time.
There is adequate area on the site to comply with this requirement. without creating additional
problems.
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. Deny the request to modify the use permit, therefore requiring that the applicant construct an
exhaust system for the outdoor barbeque to vent the smoke, relocate the activity indoors with
a standard hood and ventilation system, or cease the barbequing activity, based on findings
that the potential impacts of continuing the un-vented outdoor barbeque could negatively
affect other businesses and the public's enjoyment of the downtown (Attachment 6).
2. Approve a modification to the use permit, eliminating Condition No. 10, and adding an
additional condition to further reduce the outdoor barbeque operations, based on findings
J5—
Council Agenda Report-Review of Use Permit 49-04_
600 Marsh Street
Page 6 _
that.potential impacts of continuing the un-vented outdoor barbeque will be reduced to less
than a significant level with the curtailed schedule.
3. Continue the item for additional analysis or research.
ATTACHMENTS
Attachment 1: Vicinity Map
Attachment 2: June 23, 2004 City Council Meeting Minutes, Staff Report & Resolution'9597 (2004)
Attachment 3: Letters of Appeal.and Other Correspondence
Attachment 4: July 14, 2005 proposal for covering and venting the outdoor barbeque
Attachment 5:Draft Resolution Approving Modification of the Use Permit
Attachment 6: Draft Resolution Denying Modification of the Use Permit
G:UHilIWdmin(A,V)\49-04 A(600 Marsh)Old Country DeliW 49-04 Council Review\AP CC 49-04 Old Country Deli-review.doe
PF-H I°l CFI t 1
O-H
O-H -D-
c9. C=D-H
O� 7p
�y
P O-H
-3-
C-D
C-D-H
C-D-H
C-D C-D GD
oho r ���►.
S
C=D
O
C-D
C-D Qp��
O
R-44
C-R O-H
R-2-H
C-R PF-H o
r:
R-4 -2=
VICINITY MAP File Noe 49=04
600 Marsh
A
Attachment 2
City Councll Meeting Page 10
Tuesday,August 3,2004,4:00 p.m.
pending referendum petition;and,authorize the Mayor to execute the agreement;
motion carried 8:1:1,Mulholland opposed, Settle recused.
Mayor Romero called a brook at 11:15 and reconvened the meeting at 11.25 p.m.
Council Member Ewan and Council Member Mulholland were absent at the beginning of the
presentation of the next item,but returned to the dela within a few minutea.
4. APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING A USE PERMIT
TO ALLOW AN OUTDOOR BARBECUE IN CONJUNCTION WITH AN EXISTING_ DELI
(OLD COUNTRY DELI)AT600MARSH STREET(AP-PC 49.041.
Community Development Director Mandeville presented the staff report Staff responded to
Cou`ecil questions. -
Mayor Romero opened the public hearing.
Dennis Adams appeflent,expressed concern that the outdoor barbeque causes health
problems,
environmental probleft and should be required to have a filtered air system like
all the other restaurant businesses downtown. He offered suggestions for venting the smoke
(on file In the City Clerk's Office).
Norm Egain,Old Country Deli appilcan%gave the history of the business and stowthat he Is
happy to oompiy with the City's permit process. He believes he has been complying with City
regulations. He uses a very hot open wood fire that can not be duplicated with gas fire.
Tom Hutchings.Sen Luis Obispo,Sees outdoor barbeque smoke as a health issue. '
Lorraine Phllibs.San Luis Obispo,has problems breathing from the smoke across the street
from where she works at Foster Freeze.
Mary Beth Schroeder.San Luis Obispo,has a problem with the barbeque smoke.
Andrew Garber.San Luis Obispo,supports the appellent as the smoke can be a problem. He
feels that-the City should consider this as a new use at this site,since the appellant has never
been permitted. Mr.Eggen needs time to comply for the venting system.
Jim Doudlasa Santa Margarita,stated that as an employee of Old Country Dell,that the
barbeque Is Important part of the Downtown and hes been written up In travel and living
magazines.
Mallory Wrlght.San Luis Obispo,stated that Old County Dell wins awards,and that altering
the barbeque would change the quality and flavor of the food.
Jules Rogoff,San Luis Obispo,property owner across from street from the dell stated that the.
smoke Is not a problem to his property and that Mr.Eggin has been a good neighbor.,
Willow Walkinu.Turtte.San Luis Obispo,concerned about health problems caused by the
barbeque smoke,that special areas for barbeque should be designated.
Paul Brown;San Luis Obispo,stated that he understands the extra need associated with
BBGIng on Thursday night and that the appellant uses the restaurant for extra cooking space.
He suggested an Indoor wood burning facility.
Attachment 2
city coundl Meeting Page 11
Tuesday,August 3,2004,4:00 p.m.
!Mayor Romero closed the public hearing.
ACTION: Moved by Settle/Ewan to adopt Resolution No.9597(2004 Series),denying
the appeal,and uphoidinii the Planning Commission action to approve the Use
Permit to allow the outdoor barbeque, based on findings,and subject to conditions,
and amended to inci ide a venting system added within a year and approved by the
Community Development Director,at which time the use permit will be evaluated;
motion carried 5.0.
COUNCIL LIAISON REPORTS
Mayor Romero provided information to the Council regarding the City of Paso Robles
parttolpation`In the Naclndento Water Supply Project(memo on file In the City Clerks
Offlce).
Council Member Ewan reported on the July 28th Air pollution Control District(APCD)
meeting(memo-on file In the City Clerk's Office).
Council Member Mulholland reported on the July lith Mayor's Advisory Body Chair
Quarterly meeting and the July 28th Economic Vitality Corporation(EVC)Board of Directors
meeting.
COMMUNICATION
- Mayor-Romero reported on the July 28th meeting with the Corps of Engineers regarding
Salinas Dam(memo on file In the City Clerks OMice).
There being no further business to come before the City Council,Mayor Romero adjourned
.m.
the meeting at 1 M ato Tuesday,August 17,2004 at 7:00 p.m.in the Council Chamber,990
Palm Stree%San Luis Obispo.
Diane Reyn ds, .,Mx.
Deputy City
APPROVED BY COUNCIL: 811712004
Or
Attachment 2
counat MccdmDM -
j AQcnaa Report �H
CITY OF SAN LUIS O B I S P O
FROM: John Mandeville, Community Development Direct r
PREPARED BY: Jaime Britz, Planning Technician eT'&
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.
On June 23, 2004, the Planning Commission heard the appeals and upheld the Hearing Officer's
icy
Attachment 2
Council Agenda Report—Planning Commission Appeal of Use Permit 49-04
600 Marsh Street
Page 2
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 fust 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).
Anal is
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.
I. `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
no law or ordinance specifically addresses smoke as a public nuisance, Section 17.18.040.B of the
Attachment 2
Council Agenda Report—Planning Commission Appeal of Use Permit 49-04
600 Marsh Street
Page3
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 enoyment of
life or_propertyor 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.".
As there 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 determinations they 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
associated impacts to site and area parking and deteriorated air quality. At this time it was
/02
Attachment 2
Council Agenda Report—Planning Commission Appeal of Use Permit 49-04
600 Marsh Street
Page 4
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 pen-nit 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 than 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.
S. "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
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.
/-13
Attachment 2
CouncilAgenda Report-Planning_ Commission Appeal of Use Permit 49-04
600 Marsh Street
Page 5
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 f fi.e.; 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.
11. "Application for use permit contains technical deficiencies, including lack of signature for
property owner authorization."
i�y
Attachment 2
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 11.18.020.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 Officers', Planning Commissions', and City Councils' decision will constitute a
determination on the significance of the threat.
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."
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.
Attachment 2
Council Agenda Report—Planning Commission Appeal of Use Permit 49-04
600 Marsh Street
Page 1 -
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 bum 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 V_dPACT
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 2
,I
� 1
Council Agenda Report=Planning Commission Appeal of Use Pertgit.49-04
600 Marsh Street
Page 8
Resolution
hT "� c junP �3,�PlanningS'nmmicc;
b �
A dhmPti 7 Tnn
�s sHnl Tall IGDt7I'[
G:UBritz\Admin(A)\49-04 A(600 Marsh)Old Country Dcli\AP CC 49-04 Old Country Deli.doc
Attachment 2
RESOLUTION NO:9597(2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE _PERMIT
FOR OUTDOOR BARBEQUING AT 600 MARSH STREET AP-PC-49-04
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
Califomia; on June 23, 2004, pursuant to the appeals received on May 21, 2004 and June 1,
2004,. and upheld the Hearing Officer's determination, approving a use permit to allow the
barbeque,based on findings, and subject to modified conditions; and
WHEREAS, an appeal of the Planning Commission's approval of the use permit was
received on July 2, 2004; and
WHEREAS, the City Council of the City of San Luis Obispo has considered testimony .
of the applicant, interested parties and appellant, and the evaluation and recommendations by
staff and the Planning Commission; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings.
1. As conditioned, the proposed use will not harm the general health, safety, and welfare of
those working and living in the vicinity because conditions of approval limiting the
number of barbeques, and the frequency and duration of their use will reduce smoke
generated by the facility and its effect on the environment.
2. The total required parking for the Old County Deli with the proposed outdoor barbeque
and customer service area is seven spaces, which can be provided with existing on-site
parking and the payment of in-lieu fees.
3. The proposed use is consistent with General Plan Land Use Element Policy 4.16.1 which
supports street level activities, including restaurants, which benefit from and contribute to
pedestrian traffic, and; complies with Zoning Regulation requirements with approval of
this use permit.
4. The project is categorically exempt from environmental review (CEQA Guidelines,
Section 15301,Existing Facilities).
R 9591
Resolution No. 9597 (20C -ries) Attachment 2
Page 2
SECTION 2. Action.
The Council hereby denies the appeal and upholds the Planning Commission's approval of the
use permit to allow the outdoor barbeque, subject to the following conditions:
1. Any new use, or change in use, at the subject address that is beyond the scope of this use
permit shall be submitted to the Community Development Director for review and
approval prior to the change.
2. Operation shall be limited. to a single outdoor barbeque four days per week and legal
holidays, between the hours of 9:00 am and 5:00 pm and 9:00 am and 9:00 pm on
Thursdays. A second barbeque may be allowed on Thursdays between 2:00 pm and 8:00
pm with the location subject to approval of the City Fire Department. The fire may burn
down after operation hours. Consistent. with these restrictions, a schedule of barbeque
days shall be provided to the Community Development Department Staff.
Building Department
3. An outdoor dining area will require accessible toilet rooms for patrons. If seating is
provided for 10 or more occupants, a separate toilet room must be provided for each.sex.
4.. As a food establishment, approval from the Health Department is required.
Fire.Department
5. All bafbeque 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 cool so as to minimize contaminated water entering storm drains.
Public Works Department
8. The parking-in-lieu fee, if proposed to satisfy parking requirements for the expanded use
and/or elimination of a parking space for said use shall be based on the fee requirement
for additions (expanded use) rather than the fee allowed for changes of occupancy.. The
fee per parking space may be calculated based on the fee resolution in effect at the time
the use was purportedly established, $4,000 per space.
9. The project plans and description of operations shall be amended to preclude the runoff of
water from the firebox to the city street/public storm drain. The provisions for putting out
the fire shall be revised to use ,an alternate method to extinguish the fire or collect all
waters in the firebox or separate sump for disposal to an approved location.
Resolution No. 9597 (20t, ,,cries) Attachment 2
Page 3
Requirements for extinguishing fires, supervision of the BBQ operation, clearances to
combustible construction, etc. shall be reviewed and approved to the satisfaction of the
Fire Department.
10. Within one year of the date of this resolutioiq the applicant shall construct an exhaust
system for the outdoor barbeque to vent the smoke, relocate the activity indoors with a
standard hood and ventilation system, or cease the barbequing activity; subject to the
satisfaction and approval of the Community Development Director.
On motion of Council Member Settle, seconded by Council Member Ewan, and on the following
roll call vote:
AYES: Council Members Ewan,Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this,3rd day of August, 2004.
Mayor David F. Romero
ATTEST:
-Diane Reyn ds, _ .M.C.
Deputy Cityerk
APPROVED AS TO FORM:
Jon _ .Lowell
City Attorney
Attachment 3
F&REFERTO
00.00
7NIA
Date&oceiv
RECEIVED
CJtY 0f .iUL 0 2 2004
fON 4
Sa►T1 LUIS 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 AddFess and Zip Code
Tette Phone
-. Fax
SECTION 2 SUBJECT OFAPPEAL
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_hWing was an appeal from Hearing
Officer' s Decision
SECTION 3. REASON FOR APPEAL
Explain specifically what actlonis 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 additionl pages, if
necessary. This form continues on the otheir side.
Page 1 of 3
Attachment 3
Reason for Appeal continued
See attached letter of 5-21-04 which summarizes the various
issues relevant to this appeal.
SECTION it APPELLANTS RESPONSIBILITY
The San Luis Obispo City Council values public participation in local government and
encourages all forms of ditm 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 5700,which must accompany the
appeal forth.
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 expected to attend 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 ITyour 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.
I hereby agree to appear and/or send a representative to appear on my behalf when
sal eal Is scheduled for a public hearing before the City Council.
t-741
64
(Signature af Appellant) Date)
Exceptions to the fee: 1)Appeals of Tree Committee decisions. 2)The above-named appellant has already paid
file Clty$100 to appeal this same mattertoaCity official orgCouncil
(,advisory body.
This Item Is hereby calendared for OA Q
c: City Attorney V
City Administrative Officer
Department Head
Advisory Body Chairperson
CNK Clerk(prlginan _ Page 2 of 3
t 1�Kai—
) 581 (1 t YS
IM
&M
• — - - - – Attachment 3
Dennis Adams 590 Marsh Street
Foster's Freeze No. 95 San Luis Obispo, CA 93401
May 2i,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 srinell. 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 ignoredprevious 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
_. /-4
Attachment 3
I 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
parldng spaces.
9. Applicant has utilized unauthorized signage at the premises.
10. All applicable agencies have not been solicited for
comment(approval(.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 refine shall be
bunged in the open air without the express authorization by the Chief of the Fire
Department.
15. Itis 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 out'
ut submitted,Dennis dams
Attachment to Appeal of Dennis Adams
Attachment 3
12 May 2004
San Luis Obispo Jamie Britz; Planning Dept
Downtown
990 Palm Street
AssociationSan 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.•805.781.2647 use permit requested by Old County Deli, Norm Eggen, owner. This item has
www.downtownslo.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 considerableeffort 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 day_ s to four
days.
The Board voted unanimously to support Mr. Eggen's request fora 2' barbecue
unit on Thursdays and special event/large take out order days. We hope the
�a�
Attachment 3
Zoning Officermill 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; ,
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 Eggers, Old Country Deli
�l C.P
Page 1 of 2
- -_ ` Attachment 3
Jaime Britz -.Re: Old Country Deli
From: <melliott apcd@co.slo.ca.us>
To: "Jaime Britz" <JBritz@slocity.brg>
Date: 5/20/2004 3:34 PM
Subject: Re: Old Country Deli
.Jamie,
Thank you for your quick response. Attached here is a:copy of my complaint
report. I did not go down today to see he barbeque as the complaint was
not specifically about today. Please call or email if you have any
questions and yes, I would like to have a copy of the"action letter". You
can email or fax it if you like.
(See attached file: 5201MFE,doc)
Mark Elliott
Air Quality Specialist
Air Pollution Control District
San Luis Obispo County
805-781-5912
805-7811002 fax
www.slocleanair.com
"Jaime Britz"
<JBritz@slocity.o To: <melliott@co.slo.ca.us>
rg> cc:
Subject: Old Country Deli
05/20/2004 01:15
PM
Hi Mark;
Attached is the staff report I have prepared for tomorrow's
Administrative Hearing. At the public hearing, the Hearing officer can
either approve the use as proposed, may add/remove/change conditions of
approval, may deny the use permit, or may continue the item to allow
time for more research.
if you would like to copied on theaction letter for this project just
let me know.
o� 7
file://C:\Documents%20and%20Settings\jbritz\Local%2OSettings\Temp\GW}000O1.HTM 5/20/2004
AIR POLLUTION I Attachment 3
CONTROL DISTRICT:-
COUNTY OF SAN LUIS OBISPO '
INSPECTION REPORT
Inspection ID: 5201 Facility: Site: 1865
COMPANY: Old Country Deli DATE AND TIME OF May 20, 2004
COMPLAINT:
600 Marsh StreetDSan Luis 0805 hours
Obispo, CA
INSPECTION CONTACT: n/a
STATEMENT OF COMPLAINANT: Complaint(04-149)The smoke from the BBQ at Old Country
Deli is really unhealthy for the people working and visiting nearby. They start everyday at 9am and
there's smoke most of the day.
EQUIPMENT: Portable barbeque,wood fired.
FINDINGS: Referred by phone to the City of San Luis Obispo Planning Dept-Jamie Britz. According
to Britz there is an Administrative Use Permit hearing scheduled for 5/21/04 to hear a request by Old
Country Deli to operate the barbeque and have on site seating for food consumption. The use permit may
be conditioned to limit the hours of operation and number ofbarbeques operating at this location. There
has not been a use permit for these uses previously.
I have personally observed the barbeque in operation for many years at this location and verified that
visible smoke drifts across the sidewalk as well as across Marsh and Npomo Streets at various times at
ground level.
ENFORCEMENT ACTION: Referred to City of SLO;I informed complainant of my findings by
Phone.
INSPECTOR'S SIGNATURE: DATE:
Mark Elliott - - -- - -- — -
HAois\enfo=Vnspea\5201 MFE.doc
Attachment 3
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. 1 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 Niporno.
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 3
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,
/IS//
Thomas A. Hutchings, Ph.D.
Jaime Britz-Fwd: re: _ lanning commission on BBQ at N_ipomo and Marsh Page i
_
From: Ron Whisenand Attachment3
To: Jaime Britz
Date: 7/12/04 8:52AM
Subject: Fwd: re: planning commission on BBQ at Nipomo and Marsh
Jaime:
Not sure what ever happened to this one. I just got it now when apparently it was sent in June. Make
sure it gets copied and attached to the CC report when the appeal goes forward. Thanks
Ron
>>>'Mercedes T. Swem'cslo_me131 @hotmail.com>06/21/04 06:50PM >>>
Hi Ron,
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.
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.
do find myself in a dual position. One is that I really like the products and services that Old Country
Deli provides and the other position is that I have to walk through the smoke many times each day and I
really find it inappropriate.
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
Page 1 of 1
Attachment 3
SLO Citycouncil-AP-PC 49-04: 600 Marsh Street
Not gig da-Wiffilt rd !EGEIV.�
From: °dennviv° <dennviv@charter.net> ' JUL 2 2 2004
To: <slocitycouncil@slocity:org> 413101P -
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 thaHhe scent of barbeque would be with you the remainder of your day. During your visit,
please observe the health and environmental concemsrssues 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 vi_cintity of Old Country Deli have not been rented for some time due to the excessive
smoke from the ba_rbeques. 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 a long 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 interestof 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.
Sincerely,
Dennis A.Adams
FOSTER FREEZE
590 Marsh Street /1 n
San Luis Obispo,CA 93401 li
K. (805)541-4260
C: (805)748-8189
AtADfO
/—.3c=--�
file://C:\Documents%20and%20Settings\slouser\Local%20Settings\Temp\GW}OOOOI.HTM 7/22/2004
att:;rhmpnt 14
RED FILE
MEETING AGENDA
DATF `- ITE-W#
DENNIS A. ADAMS
FOSTER.FREEZE
590 MARS II STRSBT
S" LUIS 011ISP0,CA 98401
PHONE: (805) 543-7639
CELLULAR: (805)748-8189
EMAIL:.DENNVIV@CNARTER.NBT
.rely 23,2004
City Council Members
City of San I,6is Obispo
990 Palm Street
San Luis Obispo,CA 93401
BE:AP-PC 49-04:600 Mash 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 offerinsoldtions that
are in the best interest of alt 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 Erkibk 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 thein fireplaces. ,
• When you have that amount of smoke going in the air,all.the animal fat drops to the
ground.(See Exkibk 2)
• The grease stains an the sidewalk from the animal fat drops that are being washed into
the street drains,which lead to the creek. (See Exhibit 2)
• The tree is being burned.(See Rchift 3)
CDD DIR
PrCAO. fINDIA
ACRO FIRE CHIW
LSLO
ATTORNEY PW DIR
CLERK%ORIG PQWCE CHF
GST( OUNCIL; ADS RECD!R
---- UTIL bIR
l.."" •l't ri IIR DIR
Attachment 3
Not only did Old CountryDeli 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 landscapmg."
(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 frehar to the city streetlpublic 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 Resohrtion 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 ane and 5:00 pm.:.". (See Exhibit 4
Old Country Deli continues to begin the barbeques around 8:15 am everyday they rum 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 Tn'bune on June 24!",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 showingtwo
of his properties and the lack of interest due to the smoke drifting across the street from the barbeques. He
has finther 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
I
Attachment 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 r0quined by restaurant owners in the City.
Local businesses that run indoor barbeques with Resolution No.2:
• San Luis Fish&Barbeque
• F.McClint is Salon
• Firestone Grill
• Rib Line
Mo's Barbeque
Local businesses where the City has required them to move their barbeques indoor.
• Padre's Deli---.AA3 -8$ 3z SD N�gac S.
• Cork n'Bottle
• Laguna Suds n'Grub q
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.
Singly,
Dennis A.Adams
FOSTER FREEZE
590 Marsh Stream
Sap Luis Obispo,CA 93401
(805)748-8189
(805)541-1260
PAGE 3 of 3
r
Attachment 3
Page 1 of 1
SLO Ciryeouncif-Old Country Deli BBQ
From: °Albert J Ramirez*<golf4all0sbcglobal-netb JUL 2 6 2004
To: <slocitycounciI6slocity.orp
Date_ 7/2a/2W4 6:31 PM &0 CITY CLERK
Subject Old Country Deli BBQ
To:SLO City Council
I wish to comment about the outdoor barbequing being conducted by Old Country Dell on Marsh Street.While I am a fan of smoked or
BBaed meat(have my own wood burning 880),1 feel its 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 Fanners 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 ceder installation of such equipment or move his operation indoors.
Aside from the strong smell produced by oak wood burning,it mightalso be a safety issue and possible health factor issue for those in
dose proximity to the daily barbequing.Why has the city and planning commission decided to allow Mr.Egger to continue violating
ordinances while requiring others to conform?I have also.noted that when as many as three BBtfs are located at his site,he no longer
can provide minimal parking required by taw.
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.Wouldn'tthat pose a dilemma?If his argument is that H'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 Elia St.
San Luis Obispo,CA
l La COUNCI TCDD DIR
:. RED FILE 0� CAO FIN DIA
NG AGENDA jPrACAO yc FIRE CHIEF
fit ATTORNEY .G PW DIR
K CLERK ORIG .B'POLICE CH
pq TEM # �0 DEPT HEADS $REC DIR
Q,U71L DIR
.K. - al IR DIP
/-3
fle://C:1Documents%a20and%20Set ings\slouser\Local%20Settings\Temp\GW}00002.ATM 7/26/2004
Attachment 4
600 Marsh $t:
sn Luis Obispo, CA 93401
(805) 541-2968 Phone (805) 541-4056 Fax (888)790-7875 Toll Free
Subject; Providing cover and exhaust'for open-air BBQ to assist in controlling smoke.
Objective: The main goal of Old Country Deli is to maintain the ability to cook and
serve our products that we have built our business on and developed over the past 21
years and to comply with and be good neighbors in our community.
Methods: 1. Move the BBQ operation indoors.
2. Cover and vent the present Open Air BBQ.
1. Move indoor
The type of equipment required to produce our products will cost in the range of
$65,000 to $100,000 to purchase and install. We put together a business plan in
order to obtain fimding and presented it to the San Luis Obispo City backed
Economic Opportunity Commission, Coast National Bank, Mission Community
Bank, Wells Fargo Bank,Heritage Oaks Bank,and the Small Business
Administration and were turned down by all.
2.Outdoors
There are two factors that we have considered in creating our plans. First we want
to maintain the quality and consistency of the products we make and second we want
to be able to move any outside structure in order to cleanit and its771
25
Attachment 4
One solution is to attach a non-flammable roof structure to the existing BBQ trailer.
However, such a superstructure may compromise the portability of the unit, which
needs to be moved to empty the ash, for pressure cleaning, and for off-site catering.
In order to maintain the portability and maintenance of our equipment we have
decided on the following solution.
Old Country Deli has purchased a heavy-duty portable awning on wheels that can be
placed over the BBQ when it is being used, secured to the BBQ with chain,then
moved out of the way to the existing patio area on the non BBQ days. The awning
we have selected is the type that is used at cemeteries to provide shade. It is a 15'x15'
heavy metal &arced structure on heavy-duty wheels made by American Cemetery
Supplies. The unit is made with 2"x2"galvanized square tubing and we will cover it
with metal roofing(similar to products on the attached information fliers)and install
a 10 inch diameter chimney to enable the smoke to exhaust into the upper air. We
have contacted several air-movement engineersand have concluded that the amount
of air that would have to be moved from the BBQ cooking area would be so large that
it would neither be practical nor economical to attach an exhaust fan in the existing
open-air setting. In addition, exhaust fans located over open-air BBQ's that can
handle the heat generated are not currently available. We feel that by providing a
roof with a chimney,the BBQ smoke will be lifted by heat generated from the
burning wood and allow the smoke to rise higher in the air reducing the low level
accumulation of smoke. The canvas covering will be replaced with the attractive
metal roofing material that complements an image of country BBQ. Description of
1-3r
1
= Attachment 4
the roofing material and the portable awning is included and illustrated on the
following pages.
Conclusion: Old Country Deli is determined to find a workable solution to the
requests of the City. We welcome cornments and are eager to complete this project
quickly and as economically as possible.
Project Manager: Nona Eggen, Old Country Deli
`:3 9
Welcome;to American Cemetery SuppPage 1 of 24
_ Attachment 4
American Ce eter SuppliesInc.
Toll Free: (800) 515-0400
% Cemetery Vault Funerel Home Mausoleum Cremation Monunm .
Supplies Elements Essentials Ac"aessories Requirements Provisic
* Cemetery supplies
Cemeter Supplies
'* Funeral Rome Essentials Cemetery ��-
Mausoleum Aotessorks
Cremation Requiromants
Nomment Provsions
* Trash Itmeptades Hill & Lawn
* Rags/Poles
Pmduoct Ust v Hill & Lawn Tents are available in 1
Made of Sunbrella, an acrylic nylon
* p°�"'�' weather resistant. Double=sewn sti
* Cows reinforcement in corners and top. 1
* dome around the sides for longer and str
includes hooks and straps or all str
a storage bag.
Tops are available in many colors..
. .VRI..1.11.41
�....,••�� Portable 15'x15' Soft
Portable 15'x15' Soft Top Roll Arou
to move quickly between services.
a assembled on location without any
all you need to do is move it aroun
annn, . graveside. Made of Sunbrella, an a
® fade and weather resistant. It is se
t the side rails and reinforced with le
Request a Catalog sides. The frame is made of 2" squ
galvanized steel rafters and 1/4" ste
spider. Included are 4 pneumatic ti
Tow package optional.
Tops are available in many colors.
httpJ/www.acsupplies.,com/ceMetexy.htm 7/14/05
FROM .: AMERICAN CEMETERY SLPPk.IES Fax No. : 157 aee ASeBAttachment 4
Jun. 28 2005 03:01PM P2
15' x 15' SOFT 'POP ROLL AROUND TEAT
20' X 20'ALSO AVAILABLE
FRAME
2" X 2" GALVANIZED SQUARE TUBING
12 GUAGE (or just under 1/899 )
UNPAINTED
PRE DRILLED FOR NUT AND BOLT ASSEMBLY
NO WELDING REQUIRED FOR ASSEMBLY
(8) GALVANIZED STEEL 1 & 3/8" RAFTERS
1/4'' STEEL PLATE FOR CENTER SPIDER
TIRES
4.10 X 3.YjL4 PLY
TIRE IS 10" %000 MMI
FRAME TO GROUND IS 13"
2 FRONT WHEELS ARE FREE SWIVEL
2 REAR WHEELS ARE 4 PO
STITON LOCKABLE
OR FREE SWIVELING
TOW PACKAGE
-11/2' GALVANIZED SQUARE TUBING
~ Attachl�e 1�f2
11!Z Haus 8Ara -
• Everlast
-� oofin
in
g. c.
Metal Roofing and Siding IN THE NEWS
Everlast metal roofing and siding is far superior
to anything else of its kind on the market. 11, Ask about our new
EverCure Process!
,.., � The secret to the success of Everlast metal 11, We would like to thank
roofing and siding is our one-of-a4dnd heat
forming""' process. Heat formingTm prevents everyone who voted for
microscopic paint cracks, which also enables us in Metal Roofing's
PROJECTthe use of harder, more scratch resistant "Metal of Honor" award.
PHOTOS paints.
Everiast G100 is galvanized heavier than other
premium brands.
Excellent for commercial, residential,
agricultural, architectural, and industrial ,
buildings. D trowH
Click HERE to view Color Charts of our ����*DEALER rNFO�
products.
Industry Comments
Innovative products and on time service are two very good reasons why Everlast
is one of the only major steel roofing and siding manufacturers in the nation that is
growing, One of the secrets to Everlast's success seems to be their unique
proprietary heat formTm process. Few others in the nation even attempt to heat
formTm.
Everhast rolls their steel at high temperatures to prevent their coatings such as
paint from microscopic cracking at the bends. If you look at the bends of a panel
with a 40-power magnifier you'll notice very visible cracks in the paint if it is not ho
formed, unless softer less scratch resistant paints were used.
Everlast uses harder paints so their panels don't scratch as easy as other brands
using the softer paints. During erection the softer paints get scratched more easily
walking on the roof, debris from storms flying against it, sliding snow and ice, &
leaning ladders are all reasons for harder paint systems. Scratches in the paint wi
cause early failure.
tpJ/www.everlastroofing.com/ 6/28/05
/-ya
Attatfte�i�
Paint by
Everlast
Roofing, Inc.
Ash Gray
t
The Ultimate G- 100 Process
Color Guide -'
Charcoal
Valspar IOS Finish Com
Primer
Black
Zinc Pho-sphaw Pretreatment
G- 100 Zinc Coulln"
Full Hard Steel
(80.00(1 min. yield)
Brort7c
30*'Clear Width
Brown
Everlast If
16" On rr Width
W W
Tan
Everdrain
Meaw note: Thew colors are a%clow , po,"ible lu the acluall colors,.
Color may vary,pl your dealer for color charts. N
Occan Blue Red iK[%v C11+ Mee lj--,h1 Stan
lo&
Mgtal Roofing Wholesalers sells all styles of metal roofing materials nationwide to the public. P e 0 4
Attac4P Apt
018121
Low Cost Suppliers of Quality Metal Roofing
Selling Nationwide to the Public
Call TO Free 1-877=646-6382
Examples of Popular Metal. Roofing Panel Styles
Numerous other styles are available. If you don't see what you want, just ask!
NOTE: There are numerous images on this page so it might take up to a minute to load if you have a slow connection.
i -
' v
1 Y tyY
Classic Rib Panel -the most popular residential &farm building panel
36" wide,.cut to specified length
Crick here for more information on classic rib metal roofing
Bi-Rib Panel
36"wide, cut to specified length
tt d 1� x� ICT jF' � ';••�
Commercial PBR Panel
36"wide, cut to specified length
5v Crimp Panel
24" wide, cut to specified length
ittpJ/wwwmwudroofingwholesalers.com/rhetal_aneL examplesrmdex.itm 7/14/05
Mqq Roofing Wholesalers sells all,styles of metal roofing materials nationwide to the public. Page 2 of 4
Attachment 4
Vertical Seam (standing seam)Panel -more info
1211, 16", or 18"wide, cut to specified length - 1.75"tall seams
' ' • 1� ' ,222
\ks
Commercial Snap-Lock Standing Seam Panel
24`' wide, cut to specified length - 3"tall.seams
Orr
Image4l Standing Seam Panel
12" or 16"wide, cut to specified length
e0o
Simulated Spanish Clay Metal Tile Panels-more info
39.4"wide, cut to specified length
Simulated Shingle Panels-more info
39 3/4"wide x 12 5/8" tall
httpJ/www.metalroofingwholesalers.eom/meW_.panel examples/mdex.htm 7/14/65
/= ys
Attach rent 5
RESOLUTION.NO. XXXX (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE MODIFICATION.OF A 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 considered testimony of the
applicant, interested parties and appellant, and the evaluation and recommendations by staff and
the Planning Commission and approved the use permit subject to ten conditions of approval on
August 3, 2004 as set forth in it's Resolution No. 9597 (2004 Series); and
WHEREAS, the City Council of the City of San Luis Obispo considered a modification to the
use permit to revise conditions of approval on November 1, 2005; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings.
1. As conditioned, the proposed use will not harm the general health, safety, and welfare of
those working and living in the vicinity because conditions of approval limiting the
number of barbeques; and the frequency and duration of their use have reduced the smoke
generated by the facility and its effect on the environment.
2. The continued use of the outdoor barbeque without further modifications or the
construction of a vent and hood system will not harm the general health, safety, and
welfare of those working and living in the vicinity because required modifications to the
business operations have satisfactorily reduced potential impacts related to smoke and
neighborhood compatibility.
3. The total required parking for the Old County Deli with the outdoor barbeque and
customer service area is seven spaces, which can is provided with existing on-site
parking and through payment of in-lieu fees.
R XXXX
Resolution No. XXXX (1, 'series) _ Attache lent 5
Page 2
4. The use is consistent with General Plan Land Use Element Policy 4.16.1 which supports
street level activities, including restaurants, which benefit from and contribute to
pedestrian traffic, and; complies with Zoning Regulation requirements with approval of
this use permit.
5. The project is categorically exempt from environmental review (CEQA Guidelines,
Section 15301, Existing Facilities).
SECTION 2. Action.
The Council hereby modifies the use permit previously approved under its Resolution No. 9597
(2004 Series) by the removal of Condition No. 10. The use permit allowing ft outdoor
barbeque shall remain in effect, subject to the following conditions:
1. Any new use, or change in use, at the subject address that is beyond the scope of this use
permit shall be submitted to the Community Development Director for review and
approval prior to the change.
2. Operation shall be limited to a single outdoor barbeque four days per week and legal
holidays, between the hours of 9:00 am and 5:00 pm and 9:00 am and 9:00 pm on
Thursdays. A second barbeque may be allowed on Thursdays between 2:00 pm and 8:00
pm with the location subject to approval of the City Fire Department. The fire may burn
down after operation hours. Consistent with these restrictions, a schedule of barbeque
days shall be provided to the Community Development Department Staff.
Building.Department
3. An outdoor dining area will require accessible toilet rooms for patrons. If seating is
provided for 10 or more occupants, a separate toilet room must be provided for each sex..
4. As a food establishment, approval from the.Health Department is required.
Fire Department
5. All barbeque pits shall be 10 feet from buildings and any combustible materials,.
including live trees and landscaping.
6. No barbeque shall be moved once it is lit. Barbeques being used for the Thursday
evening Farmer's Market shall be moved into position on Higuera Street and lit at 4:45
pm in accordance with the Downtown Association's Guidelines.
7. All barbeque pits shall be extinguished by smothering or allowing the fire to bum out
until cool so as to minimize contaminated water entering storm drains:
�=yam
Resolution No.30= (2, _ ,'series) ® Attachment 5
Page 3
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 fine 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 of , seconded by , and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this I"day of November, 2005.
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
limra an P. L'o_well_
City Attorney
Attachment 6
RESOLUTION NO.XXXX (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING
THE MODIFICATION OF A PERMIT FOR OUTDOOR BARBEQUING AT 600
MARSH STREET AND UPHOLDING ORIGINAL CONDITIONS OF APPROVAL
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 considered testimony of the
applicant, interested parties and appellant, and the evaluation and recommendations by staff and
the Planning Commission and approved the use permit subject to ten conditions of approval on
August 3, 2004; and
WHEREAS, the City Council of the City of San Luis Obispo considered a modification to the
use permit to revise conditions of approval on November 1, 2005; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1, Findings.
1. As conditioned, the proposed use will not,harm the general health, safety; and welfare of
those working and living in the vicinity because conditions of approval limiting the
number of barbeques, and the frequency and duration of their use will reduce smoke
generated by the facility and its effect on the environment.
2. The total required parking for the Old County Deli with the proposed outdoor barbeque
and customer service area is seven spaces, which can be provided with existing on=site
parking and the payment of in-lieu fees.
3. The proposed use is consistent with General Plan Land Use Element Policy 4.1&1 which
supports street level activities, including restaurants, which benefit from and contribute to
pedestrian traffic, and; complies with Zoning Regulation requirements with approval of
this use permit.
4. The project is categorically exempt from environmental review (CEQA Guidelines,
R XXXX
Attachment 6
Resolution No. XXXX (2L. . series)
Page 2
Section 15301,Existing Facilities).
SECTION 2. Action.
The Council hereby denies the request to modify the use permit and upholds the conditions of
approval of the use permit allowing the outdoor barbeque, subject to the following conditions:
1. Any new use, or change in use, at the subject address that is beyond the scope of this use
permit shall be submitted to the Community Development Director for review and
approval prior to the change.
2. Operation shall be limited to a single outdoor barbeque four days per week and legal
holidays, between the hours of 9:00 am and 5:00 pm and 9:00 am and 9:00 pin on
Thursdays. A second barbeque may be allowed on Thursdays between 2:00 pm and 8`.00
pin with the location subject to approval of the City Fire Department. The fire may burn
down after operation hours. Consistent with these restrictions, a schedule of bafbeque
days shall be provided to the Community Development Department Staff.
Building Department
3. An outdoor dining area will require accessible toilet rooms for patrons. If seating is
Provided for 10 or more occupants, a separate toilet room must be provided for each sex.
4. As a food establishment, approval from the Health Department is required.
Fire Department
5. All barbeque pits shall be 10 feet from buildings and any combustible materials,
including live trees and landscaping.
6. No barbeque shall be moved once it is lit. Barbeques being used for the Thursday
evening Farmer's Market shall be moved into position on Higuera Street and lit at.4:45
pm in accordance with the Downtown Association's Guidelines.
7. All barbeque pits shall be extinguished by smothering or allowing the fire to bum out
until cool so as to minimize contaminated water entering.storm drains.
Public Works Department
8. The parking-in-lieu fee, if proposed to satisfy parking requirements, for the expanded use
and/or elimination of a parking space for said use shall be based on the fee requirement
for additions (expanded use) rather than the fee allowed for changes of occupancy. The
fee per parking space may be calculated based on the fee resolution in effect at the time
the use was purportedly established, $4,000 per space.
9. The project plans and description of operations shall be amended to preclude the runoff of
water from the firebox to the city street/public storm drain. The provisions for putting out h
Resolution No. XXXX (2(;, series) Attachment 6
Page 3
the fire shall be revised to use an alternate method to extinguish the fire or collect all
waters in the firebox. or separate sump for disposal to an approved location.
Requirements for extinguishing fires, supervision of the BBQ operation, clearances to
combustible construction, etc. shall be reviewed and approved to the satisfaction of the
Fire Department.
10. The applicant shall construct an exhaust system for the outdoor barbeque to vent the
smoke, relocate the activity indoors with a.standard'hood and ventilation system, or cease
the barbequing activity; subject to the satisfaction and approval of the Community
Development Director-.
On motion of ;seconded by , and on the following roll call voter
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 1 st day of November, 2005.
Mayor David F. Romero
ATTEST.
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
Nov 01 05 03: 46p Sam Giacoletti (760) 433-2756 p. 1
RECEIVED
Nov o 12005
SLO CITY_CLERK
November 1, 2005
To San Luis Obispo City Council:
Earlier today, I e-mailed information.about woodsmoke to the City Council.
The two sheets I am faxing are to accompany the e-mail.
I am visiting in San Diego County at the moment and was called by a
Los Osos resident concerning your meeting this evening and was asked to
send an comment on behalf of myself and others.
M Power G1coletti.
9349 Jasper Way
San Simeon, CA 93452 (805)924-0332
1A1 'PL
COUNCIL CDDDIR
RCAC 5?FIN DIR RED FILE
MACAO I$-; FIRE CHIEF MEETING AGENDA
W'ATTORNEY ii� PW DIR
RCLERK/ORIG 5-POLICE CHF DA 1 11 OS ITEM #-2,1-11-
2 D T HEADS 2t REC DIR
E'UTIL DIR
2&8YA.I HR DIR
Nov 01 05 04: 16p Sam Gi.accletti (7601433-2756 p. 1
TO: CITY COUNCIL MEMBERS
November 1, 2005
Regarding: This evening's meeting/Information
Honorable Mayor and City Council Members,
We, and many others who normally do not voice opinions about.matters
crucial to the community, urge the Council to consider all of the current data
about woodsmoke before making a decision about downtown barbeques.
The medical and scientific community are in agreement that woodsmoke is
one of our worst pollutants.
1. Woodsmoke is 25 times worse than cigarette smoke, grain for gram.
Woodsmoke is on a par with diesel emissions as far as chemical
toxicity.
2. Exposure to woodsmoke is the second biggest killer of children under
five, globally. A recent Madrid study concluded that"death rates for
children increased dramatically after exposure to high levels of parti-..
culate pollution.
3. Woodsmoke causes Sudden Hearth Death, COPD; asthma, and all
types of cancer. It has been determined that a person suffering from
heart disease can die within 24 hours of exposure to woodsmoke.
4. San Luis Obispo is rarely free of woodsmoke. The County also
experiences a high level of woodburning activity, and has a corres-
ponding higher than average rate of cancer and cardiac disease.
We urge the City Council Members to consider the welfare of the
community in their decisions and work to protect the essential right of all
citizens to breathe air that is healthy, not harmful.
v-a
Samuel D. Gi letti M. Power Giacolettii r
P
X11
t ji 'f
Or
y�� \
J
J)
f
/ 1 i
y t
` J
Nov 01 05 03: 46p Sam Giacoletti 17601 433-2756 p.3
Q1 3
0 a
�J
0 owe a z. F7 C N N41
r Es G 'b ar C Q TM.'q ii
m .� O v -� Q .� d p 9 •if.b i �"s� sgo� � os'ye� � C � eEm �9
. . ..`�",.,
0 cc G Ci a a cm is � 0 e c � r' A
.Y ..
w C9.0C9.0ar
.._ C.CT w a_v�S Ra#= r6.0 0 �n
V
9 4 OX 89 s Ob ,x oz yt rs ar w�+�wY ex at ax • • � a� s � ak •
V o °iii` :x M 8 3 ,�= •nic �`' z:z
A earns wx ea
O _z
ZVJ •Y @ r
u
v
0 a C e.••
.'
� c
�R O
RECEIVED
OCT 31 2005
October 30,2005 SLO CITY CLERK
City of San Luis Obispo
990 Palm St.
San Luis Obispo, CA 93401
Attn: City Council/ Planning Staff
Re: Old Country Deli
600 Marsh St.
Review of the existing use permit
AP PC 49-04
Dear Sir
I am writing in support of the continued use of outside barbecue at the
Old Country Deli at 600 Marsh. St. I have worked in a office on the
same block as the deli for 16 years and lived on Pismo St. within two
blocks of the deli for over a decade. Do to this close proximity I tend
to walk past the deli several times every day. , I also patronize the deli
and all the restaurants and stores in that area, including the .Foster's
Freeze across the street which happens to make the best hamburger
in town. In all those years as his neighbor I have seldom even noticed
the smoke from Mr. Eggen's barbecue. On the rare occasion when
smoke reaches the sidewalk or my office I find the fragrance of his
fine food to be very pleasant. The only time I actually get smoke in my
eyes is if I happen to be standing right at the order table to purchasing
a rib dinner when a wayward gust of wind pushes the smoke down to
me. I view these rare instances as part of the ambiance associated
with the barbecue.
I have patronized the old country deli sense it opened more than
twenty years ago. In that time he has provided San .Luis Obispo with
quality barbecued food and deli products not available anywhere else in
the area. I would be saddened to loose this wonderful resource. In my
experience the infrequent occasion when the smoke or fragrance might
become annoying to some folks does not warrant the expense and
loose of ambiance that would result from moving the barbecue inside.
Please allow this fine business to continue its long tradition of service
to the community.
rOCLERK/ORIG
OUNCIL a494
�CDD DIR
AO Fw DIR RED FILE
rannon CAO E6 FIRE CHIEF MEETING AGENDA
TTORNEY 2'PW DIR
JL Pismo St. POLICE CHF DATE111 L16 ITEM # ?4 /
DE�P�T HEADS ,1= REC DIR
--� r UTIL DIR
—�_ +SHR DIR
RED FILE.
;e MEETING AGENDA
►►���������`,������► counc,l memomn6umil
a5 ITEM #PIP/
DATE: November 1, 2005 NOVO 12005
TO: City Council SLO CITY CLERK,
VIA: Ken Hampian, CAO g� COUNCIL p CDD DIR
/ l � CAO p FIN.DIR
FROM: Ronald Whisenand,Deputy Director of Cormnunit Develo me CAO C FIRE CHIEF
p Y Y P AIlbRNEY 0 PW DIR
CL__ERK/ORIG 0 POLICE CHF
Eff
BY: Jaime Hill,Associate Planner E3 p HEADS 0 REd DIR-
T UTIL DIR
SUBJECT: Old Country Deli—Supplemental Information D HR DIR
Tonight, the Council will discuss Mr. Eggen's proposal for complying with Council direction on
barbequing operations at Old Country Deli. The proposal was evaluated extensively by a staff team
including the Economic Development Manager, Chief Building Official; Fire Chief, Code Enforcement
Officer, and Community Development Deputy Director. The purpose of this City review was to look at
the merits of the applicant's proposal and the validity of his assertions regarding design options, cost, and
financing.
Tom Baasch, the Chief Building Official, reviewed the applicant's proposal to vent the barbeque, and
concurred with the opinion of the applicant's mechanical engineer,Richard Ochs, of Ochs Heating&.AC
that a venting system would be ineffective. In addition, the Chief Building Official determined that it
would be extremely difficult to develop a venting system what would meet City Building Codes. The
Chief Building Official discussed the matter with Mr. Ochs, and found his evaluation of the types of
systems that could potentially be used to vent the barbeque smoke was thorough, and that his cost
estimations for equipment and construction of the systems was valid.
Shelly Stanwick, the Economic Development Manager, was able to confirm that Norm Eggen had.applied
for loans with the Economic Vitality Commission (EVC) and local banks to move the barbequing
operations inside the deli. The City has verified that Mr. Eggen was unsuccessful in obtaining those
loans.
One final question that has arisen since the preparation of the Council Agenda.Report is whether the Air
Pollution Control District(APCD)is involved in the regulation of barbeque smoke and whether a venting
system would be required under their regulatory authority. The APCD has offered an opinion (attached)
in which they indicate that they do not regulate the use of commercial outdoor barbeques. Commercial
barbequing operations are however subject to their nuisance regulations which are complaint driven.
Consistent with these regulations, when the APCD received a complaint in May 2004, they referred it to
the City, which initiated the current use permit proceedings. In the past four years the APCD has received
only two complaints regarding the Old Country Deli, which does not meet their nuisance criteria for a
significant number of complaints.
Questions regarding mechanical equipment and costs should be directed to Tom Baasch (x159),
Financing to Shelly Stanwyck(x125),and any other question to Jaime Hill (x165).
.
104-- Red Fik 11.01.05
11/01/2885 11:34 805 -1002 SLO APCD PA0>E 01/01
AIR-POLLUTION--
CONTROL DISTRICT
COl%Nr'OF SAN LUIS OBISPO
post W Fax N_609 7571 fl000. a --
m -
' --
TOO Jamie Hill,City of San Luis Obispo
FROM: Laity A ,Air Pollution Control District
DATE: October 31,2005
SUWECT Air Pollution Control District Policies Concerning Commercial Barbeques
Regarding ora cowmrsatiotl this morning about Old Country Deli,the San Luis Obispo County
Air Pollution Control District cunm*has no regulations governing the use of commercial
outdoor barbeques.Sucb uses ate subject to our nuisance regulations and potential financial
penalties if a significant nimtber of people eampla:'a to the District about the source and the
situation is not corrected,District staff typically work with the source and complainants to find a
mutually agreeable solution to resolve such problems.If the nuisance continues and is not or
cannot be corrected,the District has two options:
1. Require the source to obtain a permit from the District and place conditions on tate
Permit rogtuamg operational changes or instaHation of control equipment to mitigate the
nuisance;Ot,
2. Petition the District Haring Board to hold a public hearing to issue an abatement order
requiring the facility to correct or cease the operations causing the nuisance.
Over the past four years the Di=,cthas received only two complaints regarding Old Country
Deli's barbeque operations,which does not meet our nuisance criteria fora siginiiicaut number of
complaints. District staff informed both the Deli owner and City plaaamg staffof the complains
and discussed potential ways to reduce the nuisance potential of the operation;no further action
was taken by the District:
F.1mc cosset me if you have questions or.need additional inforrcation:
MwCowemow miner su;MC"4oa
3433-Roberto Cyourr• San Luis Obispo,CA 93401 • SOS-781-5912- FAX:80-WSM002
inf Sfadearairorg ,S wwwsWeanairorg
. �}!k're4Y1 on rccy�kd pnper
Ken�Harhpian -Old Country Deli-comms-' Padjj]
RECEIVED
NOV o 12005
From:. Jaime Hill
To: Ron Whisenand SLO CITY CLERK
Date: 11/1/06 4`15PM
Subjdct- Old Country Deli -comment
FYI -The direct neighbor of the OCD just called, to give me his comments, as he will be unable to attend
the Council Hearing this evening.
Dr. Alioto who operates a't 1124 Nipomo, believes that the smoke constitutesa real health Problem,
creates a mess and often impedes visibility at the intersection.The problem is particularly bad because
the mixture of wood ash And fat is sticky(it sticks to both our lungs and his office furniture).
He has noticed some improvement since the number of barbeques and the days of operation were limited
by the Council;and thinks that further limitations would only improve the situation if the barbeque cannot
be filtered and vented.
Also, he wondered
ered about moving Me barbequp away from the corner (admittedly moving it closer to his
office)where it would have less effects on pedestrians.
That said, he had only nice things to say about Norm and the business in general.
Jaime
'z'0
E? COUNCIL I-CDD DIP
59 CAO 2 FIN DIP
Cl ACAO � FIRE CHIEF RED FILE
*ATTORNEY FA PW DIP
* CLER�/ORIG 9i POLICE CHF MEETING AGENDA
* D HEADS 0 REC DIP
11. OTITEM #
9 UTIL DIP DATE-
R_ HR DIP
Dave Romero-Old Country Deli
From: <slotait@sbcolobaLnet>
To: "Dave Romero" <dr6mero@slbcity.org>, "John Ewan"<jewan@slocity.org>, "Christine
.Mulhollancr <cmulholl@slocity.org>, "Allen K. Settel"<aseftle@slocity.org>, "Paul Brown"
.<pbrown@slocity.org>
Date: 10/31/05 3:32PM RECEIVEI�
Subject: Old country Deli NOV o 1200.5
October 81, 2005 SLO CITY CLERK
Dear Mayor Romero and SLO City Council Members:
I wanted to express to you my op-Inion regarding Old Country bell's permit to continue outdoor grilling.
I have lived about 4 blocks away from Old Country Deli for 12 years, and frequently get a whiff of
barbeque when they are grilling. I do not find the grilling smell objectionable,ona le, and consider it part of living in
a town with a vibrant downtown character.
From the article in The Tribune, owner Norm Eggan seems to have done all he can to mitigate the smoke
odor caused by grilling. I realize there are some members of the community.who object to it, but I think
they are in the minority especially when.1 see the lines of people waiting to buy the grilled food every week.
My hope is that Norm and the Old Country Deli will be able to continue using their.outdoor grills in a
manner no less than what was prescribed to them a year ago, with no further restrictions:
Sincerely,
Catherine Tait
W Islay Street B COUNCIL DIR
i�CAO i� FN DIR
15 ACAO 9;1 FIRE CHIEF RED FILE
0 ATTORNEY 64 PW-DIR MEETING AGENDA
IUCLEIRKicRIG S POLICE CHF
I4
DATE t
0 Dq:T HEADS E- REC OR 1e�PEITEIVI #R11-1
9 1--UTIL DIR
[0 9:HRD-IR