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Home My WebLink About11/03/2009, PH 2 - DOWNTOWN SHELL REDEVELOPMENT PROJECT �I L P. cm DIR L�' 3 November 2009 COUNCI 1!rAe*6f4�rrc0vrna ff FIN DIR To: Mayor Dave Romero and City Council members El ATTORNEY Z'PW FIRE 113"(CLERK/CRIG Z POLICE CHF' g From: Deborah Cash, Executive Director 13 DEPT HEADS ErFIEC DIRPrb LCUTILDIR San Luis Obispo Downtown Association %amu a HR Din 11JIL7,! r1�+1E5 i Gpti t)Ct L Re: Downtown Shell redevelopment project cant ix62. cua�uc. The Downtown Association Executive Committee met this morning and reviewed a presentation by architect George Garcia showing the proposed Shell station redevelopment project; an appeal of this project's denial by the Planning Commission is on your agenda this evening. The members of the committee comprise a majority of the Downtown Association Board of Directors. They voted unanimously to support the project based on a variety of criteria including: design, functionality, improvement to the Downtown area, compatibility with the surrounding area and compliance with approved zoning. Essentially,this project is good for the city and the Downtown because it will provide an upgrade to the entryof Downtown that frankly, could use a facelift. As one committee member noted, "This project will definitely be an improvement to the existing site that would otherwise remain as is." The project also complies with identified goals of the Downtown Association Strategic Plan, approved by Council in 2007 including: Maintain a diverse mix of uses 2.4 Encourage additional developmental and commercial opportunities o The Association will continue to support infill developments that contribute to a dense, cohesive Downtown core; o Encourage better use of vacant or underutilized properties; o Support General Plan policies. The committee feels the project qualifies for support based on these objectives. Maintain retail health 3.7 Promote the fact that Downtown is open later on weeknights and on Sundays This project includes a retail market selling food, snacks, coffee, groceries and other retail items and includes an office on the upper level. It also has a service component with gas bays and a car wash. In addition, this expanded retail facility will likely operate 24 hours a day, 7 days a week, which will enhance downtown retail for locals and tourists. hECEIVED RED FILE NOV 0 ^ 1009 _= MEETING AGENDA ®A �! 3 t ITEM # Aa SLO CITY CLERK Encourage Housing and hotel developments Downtown 4.4 Support improvements that will appeal to overnight visitors and hotel developers. Enhance visitor amenities such as landscaping, streetscaping,parking, cafes,restaurants and attractive facades. The project, being located on a heavily traveled corridor, is frequented by out of the area visitors looking for information; offering additional retail opportunities, including a kiosk for information provides a service to out of the area guests. In addition, the project includes outdoor seating and dining area. Retain and expand on the unique pedestrian character and small town ambiance. 5.8 Promote storefront design improvements. The alternate design for the project present attractively designed buildings with stylized elements such as the re-use of the roll up doors in the current service bays as fixed walls and elements of tile, glass and elements from other structures in Downtown. Maintain an effective Downtown Association 6.4 Continue successful role in business outreach and advocacy San Luis Downtown Shell is a member of the Downtown Association. Their efforts toward investing in their property, redesigning their plans to accommodate design guidelines and suggestions and their successful operation as a locally run business for more than two decades are deserving of the Downtown Association's support of this project. The Downtown Association Executive Committee respectfully asks the Council to follow the staff recommendation and uphold the appeal, approving the Downtown Shell project. this evening. Cc: George Garcia, AIA SLO Downtown Association Board of Directors Ken Hampian, CAO, City of San Luis Obispo council M 7//,3 0 j agenda REpont W.14� /fa CITY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Director Prepared By- Brian Leveille, Associate Planner SUBJECT: APPEAL OF PLANNING COMMISSION'S ACTION DENYING A USE PERMIT TO ALLOW A CAR WASH IN THE RETAIL-COMMERCIAL ZONE (C-R) FOR PROPERTY LOCATED AT 1101 MONTEREY STREET (U 63-09). PLANNING COMMISSION RECOMMENDATION Adopt Resolution "A" upholding the Planning Commission's action to deny a use permit to allow a car wash at 1101 Monterey Street. STAFF RECOMMENDATION Adopt Resolution `B" upholding the appeal and approve the use permit to allow a car wash at 1101 Monterey Street. REPORT IN BRIEF The owner of the Shell Station at 1101 Monterey Street (Applicant) filed for an administrative use permit for the partial redevelopment of an existing service station to include an automatic car wash and convenience market. Based on the Applicant's initial submittal, it was unclear whether the project adequately addressed the City's downtown "core area" policies. As a result, the Community Development Director forwarded the project to the Planning Commission to determine conformance with applicable General Plan policy. In the meantime and prior to Planning Commission's review, the Applicant worked with staff to redesign the project to bring the project to a level of conformance with General Plan policies for the downtown core area. The redesigned project was forwarded to the Planning Commission with a recommendation for approval of the use permit due to compliance with applicable City policies for the existing, allowed service station use. The Planning Commission denied the use permit for a car wash. The Planning Commission denial was based on the existing service station use and its finding that the proposed project was unable to adequately comply with the General Plan's vision for the downtown core. The Planning Commission determined that approval of the project would extend the life of the existing service station use and perceived that to hinder redevelopment of the site to another, more compatible use. The Applicant filed an appeal of the Planning Commission's determination contending the longstanding vehicle oriented use and proposed new car wash and convenience market are compatible with the site. The standard for approval of a use permit is consistency with the General Plan. It is necessary for the Council to determine if the proposed improvements satisfactorily implement the General Plan. The two Council Agenda Report—1101 Monterey Street Page 2 differing recommendations represent two courses of action in response to a request for modification of an existing use. They are a choice between partially achieving the General Plan objectives in the near future as recommended by staff versus fully achieving the General Plan objectives at an indeterminate time in the future as is driven by the Planning Commission's denial of the project. Staff continues to find that the project proposal moves an existing, allowed use toward closer compliance with General Plan policies. The Planning Commission majority, evaluating the site as a whole, did not feel it could make the necessary consistency findings. As a result, Staff's recommendation differs from that of the Planning Commission. DI[SCUSSION Data Summary Address: 1101 Monterey Street Applicant/Property Owner: Raffy and Sonia Arsene Representative: George Garcia, Garcia Architecture and Design Zoning: C-R (Retail-Commercial) General Plan: General Retail Environmental Status: Categorically exempt under Class 1, Existing Facilities, Section 15301 of the CEQA Guidelines ]Background The Applicant has proposed demolition of the existing convenience store and service bays at the Monterey Street Shell Station and replacement with a new convenience store and car wash. The project site is zoned Retail-Commercial (C-R) and is outside of the Downtown Parking District. It is however, located in the "downtown core" area which extends along the Monterey Street Corridor to Pepper Street. The existing service station was constructed in 1970. The property is 30,407 square feet in size (0.69 acres) and is located on the east side of Santa Rosa Street, bounded by Higuera Street to the south and gam, MontereyStreet to the north (Figure 1, below and Attachment 1). The property borders Retail-Commercial (C-R) zoning to the north, south, and east. Uses include Bank of America to the - , Ods south across Higuera Street. To the east there is a parking lot and offices and a 3 % currently vacant property that was used for an auto sales lot and Vespa Dealer. Across Monterey Street to the north is the San Luis Diagnositic Center medical Figure 1. Site and Vicinity office building. To the west and northwest are County offices zoned Public Facilities (PF) and Downtown-Commercial (C-D). To the southwest there are several commercial uses including the Baja Fresh restaurant. P� C�L Council Agenda Report—1101 Monterey Street Page 3 Project Description The Applicant has proposed redevelopment of the site with a new 2,800 square foot convenience store and a 1,800 square foot self-serve car wash structure. The proposed car wash facility would operate with a potential range of hours from 7:00 AM to 10:00 PM, and the convenience store could operate up to 24 hours a day. The new car wash tunnel is shown on site plans as 90-feet long and would be �^ located at the northeast property line, roughly �1 to the location of the ' ° ° r ® o I existing service and snack shop building (Figure 2, right, & sheet ASLO, project plans, Attachment 5, Alternate Design Proposal). Figure 2.Perspective View,corner Santa Rosa and Higuera Streets The project design includes a porte cochere entry feature to the car wash tunnel where vehicles would queue in a driveway that wraps around the convenience market structure along the southwest corner of the site and along the Higuera Street frontage. The existing fuel pumps and canopies would remain and photovoltaic panels would be added on the south facing elevations of the existing Spanish tile roofing. Parking is proposed in front of the car wash tunnel and convenience store. A total of 13 parking spaces are provided. In response to staff comments that the initial design needed to incorporate more design features to comply with downtown core policies of the General Plan, the Applicant revised the design. The revised project includes an outdoor seating area at the corner, redesigned CarwaSh and relocated convenience market to establish a corner -r „ -—a--- ° s I' presence at the street Conveniences-�—��' level store access f Market im .r directly from the v I F__' - - r street (Figure 2), and simplified =' 4 'oil Outdoor Seating s t?? architecture for the Arealy ' car wash structure with the goal of minimizing its - -' :--- - ---- - --•---- - 1� ---•----• ''`-- presence on the site in comparison to the Figure 3.Site Plan market structure at the comer. The applicant accomplished these conforming design features by dropping the queuing lane under the outdoor seating area. For more discussion of the Applicant's initial project design which was not supported by staff and project revisions see Attachment 6, Planning tau a--3 L Council Agenda Report—1101 Monterey Street Page 4 Commission staff report, and Attachment 4, initial project submittal. Review of Use Permit Application 1. Reviewing Body The City's Zoning Code Table of Allowed Uses establishes that "Vehicle Services—Car wash" use may be reviewed at the administrative hearing level. Municipal Code section 17.58.030 governing administrative use permit procedures, states that the Director may refer an administrative use permit to the Planning Commission at his or her discretion if it is determined the application involves a major policy issue or public controversy that would be resolved more suitably by the Commission. In this case, the Director determined that based on the Applicant's initial project submittal the expanded use of the service station site and addition of a new car wash and convenience store structure in the downtown core area involved policy issues most appropriately addressed by the Planning Commission. 2. Revised Design in Response to Policy Direction Following the decision to forward the application to the Planning Commission, the Applicant opted to work with staff to revise the design to better fit into its location in the downtown core area. Though challenging due to the existing auto-oriented service station use, the revised design incorporated some elements of downtown design such as street orientation, pedestrian access, and outdoor eating areas along Higuera and Santa Rosa Streets. Staff's position on the Applicant's revised submittal was that it was consistent with General Plan policies to the extent feasible in light of the longstanding use of the service station. Service stations are are a use that can be permitted in the C-R zone (allowed with Director's Use Permit). Staff's support of the Applicant's revised submittal was also based on consideration of the project site's location outside of the Downtown Parking District and Retail- Commercial Zoning, where service stations are an allowed use, versus areas zoned C-D (Downtown- Commercial) which are more central to the downtown and where service stations are not an allowed use (Attachment 6, September 23, 2009 PC Staff Report). In addition to use permit review to allow the car wash, the project requires review by the Architectural Review Commission (ARC). If the appeal is upheld by Council, the project would be forwarded to the ARC for a more detailed review for compliance with the Community Design Guidelines. Planning Commission Action The Planning Commission heard the item on September 23, 2009. At the hearing the Applicant proposed two design scenarios for consideration by the Planning Commission; the applicant's initial project design, which was not supported by staff, and the alternate design (second submittal) which was supported by staff. The Planning Commission found the service station use to be an inherently auto- dominated use that could not be found in conformance with General Plan Policies for the Downtown Core area (Attachment 7,Resolution of Denial &Minutes, September 23, 2009). Appeal Filed Subsequent to the Planning Commission's decision, the Applicant filed an appeal. The Applicant provided a letter explaining his basis for the project proposal, goals for the business, and efforts to design the project to fit in with the site (Attachment 2). The Applicant's architect, George Garcia, also submitted a letter for consideration by the Council, with a more detailed response to the Planning Council Agenda Report—1101 Monterey Street Page.5 Commission's findings and decision to deny the use permit (Attachment 3). General Plan Policy Guidance The following General Plan policies and staff discussion thereof, evaluate the Applicant's project for consistency with applicable City policies. Applicable General Plan policy is in italics followed by a brief summary of how the Planning Commission majority applied the policy(ies). Staff's evaluation follows the Planning Commission's. LU Policy 4.1:Downtown's Role: The commercial core is a preferred location for retail uses that are suitable for pedestrian access, off-site parking, and compact building spaces. Downtown's appeal should be based on natural historical and cultural features, retail services, and numerous and varied visitor accommodations. LU 4.16:Design Principles The following principles should guide construction and changes of use within the commercial core. LU 4.26.1: Street Level Activities The street level should be occupied by stores, restaurants, and other uses benefiting from and contributing to pedestrian traffic, such as offices with frequent client visits. Stores and restaurants may occupy upper levels. Offices not having frequent client visits should be located above street level. LU 4.16.3: Continuous Storefront There should be a continuous storefront along sidewalks, at the back of the sidewalk, except for the Courthouse and City Hall blocks, plazas, recessed building entries, and sidewalk cafes. LU 4.16.6:Sidewalk Appeal Street facades, particularly at the street level should include windows, signs, and architectural details which can be appreciated by people on the sidewalks. Planning Commission Recommendation After a motion to approve the project failed on a 2:3 vote, the Planning Commission voted 3:2 (Commr. Draze & Commr. Whittlesey absent), to deny the use permit to allow the car wash use and associated convenience market. The denial was based on the Planning Commission's finding the project was inconsistent with General Plan policies for the downtown core area; which encourage pedestrian oriented uses, street level activity, and continuous storefronts along the street. The Planning Commission also discussed that the proposed project required substantial investment on the part of the applicant; and, although the service station is a permitted use in the C-R zone, approval of the project would extend the life of an auto-dominated use which is inconsistent with policies for the downtown core area (PC Minutes & Resolution Denying Use Permit, Attachment 7). The Planning Commission acknowledged the efforts of the Applicant to work with staff and agreed the revised design was an improvement from the initial submittal. As a basis for denial, the Planning Commission discussed that the conflict between the service station use and downtown policies could not be resolved with project revisions or design Council Agenda Report—1101 Monterey Street Page 6 changes and denied the use permit. Staff Analysis Staff agrees with the Planning Commission that the necessary characteristics of a service station make implementation of the above referenced policies virtually impossible. Vehicle fueling stations require pavement areas for vehicles to circulate, open area for pump islands, and typically include multiple curb cuts for vehicle ingress and egress. It is inherently difficult for such uses to provide continuous storefronts and encourage pedestrian traffic when the fundamental purpose is to service vehicles. Continuous storefronts with this use are not possible because vehicles need space to circulate to and from pumps and car washes. Because the request involves modifying an existing use, two courses of action are possible, depending on how the Council decides the ultimate policy objectives can best be achieved. The Planning Commission's course of action is to deny the proposed car wash use and associated development to dissuade additional investment on the property with the expectation that a change to a use that better implements downtown core area policies would occur sooner if additional significant investment in the service station use is prevented.. This position is based on the assumption that denying an expansion of a use which will always be limited in its ability to implement the downtown core policies could lead the property owner to change the use on a more near term basis. Staff has concerns about this approach, since it would not be possible to deny or prevent other forms of investment on the property that represent allowed uses such as a proposed new convenience market, or upgrade of existing fuel station facilities. Another option is to modify the service station use to improve how it achieves various policy objectives. This can be done by incorporating some pedestrian amenities and street level storefront where none exist now. This was the basis for Staff s recommendation in support of the use permit and revised project. In the long-term, market economics can be expected to lead the property owner to maximize the economic potential of the property with development more consistent with General Plan policies for the downtown core area which allow more intensive development of the site. 1. Existing Allowed Use It is important to note that the existing service station is an allowed use, authorized by the Director's use permit running with the property. Denial of the appeal would not require any changes to the current use to address the Planning Commission's concerns about the incompatibility of a service station with General Plan policy. The proposed expansion of the convenience market is an allowed use which would not require use permit approval. It is only the proposed car wash facility which requires such approval. The proposed project brings existing land uses on the site to a greater level of consistency with encouraged downtown uses by terminating the vehicle service component and expanding the convenience market use which includes corner presence, outdoor eating, and access directly from the street. 2. Parking on Site The ability to provide parking off-site is a factor in a site being able to comply with applicable policies. The subject site is outside of the City's "in-lieu fee" parking area, which allows payment of in-lieu fees instead of providing all required parking on site. Therefore parking must be provided on site, which f Council Agenda Report—1101 Monterey Street Page 7 would lead to at least some frontage area being dedicated to vehicle access. 3. Design Proposals The revised project design achieves policy objectives along part of the property frontage. The architecture and massing of the convenience market was redesigned with the goal of emphasizing the convenience market as the primary structure. The car wash was modified with the aim of simplifying the structure with more subdued materials and colors. The queuing lane design where the driveway to the car wash slopes under the outdoor seating area and is below grade of the street level allows the convenience market to be moved forward to the property lines and provides area for outdoor seating at the street. Staff finds the revised design reflects efforts to bring the proposed convenience store into compliance with the above noted General Plan policies to the extent feasible for a proposed car wash and existing service station. The Applicant's revised proposed project provides for street level pedestrian activity, contributes to pedestrian traffic and interaction, and even provides for sidewalk appeal with the convenience market and dining area addressing the street corner. 4..Noise Considerations Staff provided analysis to the Planning Commission on the potential increase in noise levels as a result of the proposed car wash facility. Staff found the operation of the car wash would not produce noise that violates maximum noise levels as regulated by the Municipal Code (max 70 db between 7:00 AM & 10:00 PM). Maximum noise levels are within allowable limits since there is sufficient distance to adjacent property lines, and car wash dryers will be equipped with silencers. The General Plan Noise Element indicates sound levels in the area already exceed 70 db due to traffic noise from Santa Rosa Street and Monterey Street. Provided the appropriate silencer equipment is used, the car wash should not create noise impacts in the vicinity. Staff has included a condition of approval in the draft resolution requiring the continued use of silencer equipment and that the car wash remain in compliance with Municipal Code standards. Staff has included several conditions of approval in the attached draft resolution `B" (Attachment 9) addressing hours of operation, maximum noise levels and site maintenance. The Planning Commission considered staffs analysis of noise levels and did not make any findings of denial based on noise concerns. Conclusion The Planning Commission recommendation was based on the existing service station use and its finding that the proposed project was unable to adequately comply with the General Plan's vision for the downtown core. The Planning Commission determined that approval of the project would extend the life of the existing service station use and perceived that to hinder redevelopment of the site to another, more compatible use. Although staff agrees with the Planning Commission that the service station use and associated car wash would not implement the City's vision for the downtown core as effectively as a change in use, the Planning Commission's denial of the use permit was based on its findings that the entire use of the site is a non-conforming use. Since the service station is an allowed, existing use, and the requested use permit is only for the car wash, staff could not make findings to deny the car wash based on additional substantial investment in the existing, allowed service station use. It would be a difficult and even untenable position to deny other forms of substantial investment that may prolong the life of the service station. Council Agenda Report—1101 Monterey Street Page-8 If the site was vacant or if complete redevelopment were proposed, staff would agree the service station use should not be established based on downtown core policies. However, because the service station is an existing use with an approved use permit running with the land, staff's recommendation in favor of the use permit for the car wash is based on improving the implementation of the General Plan policies. 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. Denying, or upholding the appeal is not likely to create significant fiscal impacts. ALTERNATIVE Continue this action and request additional information, or provide direction on needed project modifications. ATTACHMENTS 1. Vicinity Map 2. Appeal Letter, Applicant and Property owner 3. Appeal Letter, Project Architect, George Garcia, AIA 4. Reduced scale project plans,Initial Project Design 5. Reduced scale plans, Alternate Design Proposal 6. Planning Commission Staff Report, September 23, 2009 7. Resolution of Denial &Minutes, September 23, 2009 Planning Commission Meeting 8. Draft Council Resolution "A" Denying the appeal and upholding the Planning Commission decision to deny the use permit 9. Draft Council Resolution `B" Upholding the appeal and approving the use permit to allow a car wash facility. G:/Bleveille/UsePermit/U,ARC63-09(1101 Montary)/Councilptl101Monterey,appeal(I1-3-09).doc C-R C- 9 �O �Os9 -R O � -R C- -H C-D O VICINITY MAP File No. 63-09 1101 . Montere 'Fox-, Attachment 2 October 12,2009 City Council City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Subject: Appeal of Planning Commission decision to deny A63-09/Request for Carwash Use Downtown Shell,1101 Monterey Street,San Luis Obispo,CA 93401 Dear Honorable Mayor and City Council Members, My wife,Sonia and I, bought the business "Downtown Shell"in 1991. Since then,we worked every day, from dawn to dusk, to improve the business and make a decent living for our family. Over the years,we had many challenges to keep our business running. Some challenges were from Shell Corporation and their conditions of purchase. More recently, the biggest challenge was to keep our business going during the "Century Dig"project,followed by the construction of the County building that lasted many years. In spite of all these difficulties,we did not compromise the quality of service that we provided to locals and visitors alike. We would like to remind you that the city had the desire to have a bus stop at our site fora long time: Three years ago, we had the opportunity to buy the land from Shell Oil Company. Our purchase was contingent upon keeping the station as aShell branded gas station for a ten year term.We grabbed this once in a lifetime opportunity,and now the property and the business are 100%locally owned and operated. As I mentioned, we are under a 10-year contractual obligation to Shell Oil to supply and sell fuel at this site. While we intend to honor our commitments with Shell Oil, we also have desired to expand our local business to offer additional services and products that would be compatible with our customers as well as our downtown location. Being in the oil and car business.all these years,we discussed many possible options and additions that would enhance our existing vehicle-oriented business,yet still be compatible with our obligations to Shell. We also listened to our customers. Over the years,many customers have suggested that we also consider offering additional services,such as a carwash and/or and expanded food market on the property. When folks come to purchase gas,it is very natural and convenient to also wash their vehicle,purchase milk or bread,get a coffee,etc Having a carwash facility and mini-market in conjunction with gas sales on the same property is a natural extension of our business, and is a very appropriate use of this existing vehicle-oriented site. Our proposed carwash will be eco-friendly because'the water consumption will be only 20 gallons per carwash versus 100 gallons or more when people wash their cars on their driveways at home. Our wash water will be recycled on site and reclaimed verses a car washed at home,where contaminated wastewater runs directly into the city storm drains. Our wash facility will be a conveyor-type carwash that will provide an efficient and high quality carwash,with very little expenditure of our natural resources. In conjunction with our proposed carwash, we envision the expanded convenience store will serve a variety of coffees,pastries,sandwiches,food and small grocery and convenience items. The proposed design is planned to have a very pedestrian-friendly outdoor sitting restaurant area open to Santa Rosa and Higuera Streets. In addition, the convenience store will have a dedicated "tourist gift shop" section containing promotional items intended to inform and expose new visitors and travelers to our Downtown San Luis Obispo,which will in turn add retail opportunities for all downtown businesses. Regarding the requested use permit, we initially just wanted to simply remodel the existing repair shop building into a car wash and have an expanded convenience store on the property. However,city planning staff recommended to us that we consider improving our concept s:nd design of the overall project for the greater good of the downtown. We went to great lengths to address the concerns of city staff in order to gain their PR Attachment 2 —2— October 12,2009 support of the project, which was reflected in their recommendation for approval of the project to the Planning Commission. And although these design revisions will increase construction costs beyond our budget,it still makes economic sense for us to move forward with the carwash and expanded market concept. The proposed project will be a great improvement from the existing building on the property. Even though the requested carwash is obviously a vehicle-oriented use, its design along with the design of the new convenience market will increase foot traffic to and from the downtown area. Our architect has designed a project that is very pedestrian friendly, and will actually draw more retail shoppers this part of town,which is currently surrounded by either office buildings or empty car lots. In addition, this expanded project will provide increase sales tax revenue for the city,in a time when every local dollar counts. We are very proud to be a part of the downtown community of San Luis Obispo,and we are here to stay as a retail business in downtown San Luis Obispo.We trust that you will assist us in our efforts to improve our downtown property and business. As always,we are still committed to investing both our time and money into San Luis Obispo in order to improve the downtown for everyone. We would like to invite each and every city council to visit our site,and should you have any questions,please don't hesitate to call us at(805)543-6821. We trust that you will take a positive action on our request, and we look forward to have our application approved by the council. Respectfully, Raffy Arsene a 0 Attachment 3 0� 10 October 2009 Mayor Dave Romero Members of the City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Subject: Appeal of Planning Commission Decision to City Council Administrative Use Permit#63-09, 1101 Monterey Street, San Luis Obispo, CA Honorable Mayor Romero and Members of the City Council: On September 23, 2009, the Planning Commission considered our request for a use permit to allow a carwash facility at an existing service station in the downtown area. After much deliberation and consternation, the Commission denied the above referenced use permit on a narrow 3/2 split vote. This split vote came only after a motion for approval by Planning Commissioner Multan (2nd Boswell), who both clearly understood the merits of the proposal, as well as the charge of the Commission relative to acting on the requested administrative use entitlement only. Notwithstanding the discretionary nature of this request, we feel strongly that the final action taken by the Planning Commission was tenuous, inconsistent, lacking legitimate and defensible findings, and most importantly, dismissive of the efforts made by the applicant and your city staff to bring this project into compliance with the very policy objectives used by the Commission to deny the project. In support of our request that the City Council reconsider this decision, we offer the following detailed narrative to assist you in objectively deliberating this matter.. Background In February of 2006, our office was contacted by Raffy and Sonia Arsene, who had recently completed the purchase of the physical property at 1101 Monterey Street in downtown San Luis Obispo. This purchase followed their acquisition of the gas station business from Shell Oil Corporation back in 1991, thus giving them control over both the business and property at this location. Their business plan includes adding supplemental vehicle-oriented offerings to enhance existing customer services, and also to expand their business offerings with complementary retail services as requested by their long-term client base. g a r c i a a r c h i t e c t u r e + d e s i g n 1037 mill street , sin luis Obispo . ca l if orn is 93401 phone 805.783. 1880 fax 805.783. 1881 www, 9 a rc i a a rc h d e s i g n.c on) page 2 g a r c i a architecture Attacent 3 The Arsene's retained our firm for assistance in designing an expanded service business that included a carwash facility as well as enhanced convenience market and retail opportunities for their local clients and tourist customers as well. After months of considering all possible options and scenarios for improving their existing downtown service business, the owners decided to move forward to implement their expansion of this long-standing business. We subsequently put forth a design strategy that direclty addressed the owners' business needs and goals for their property. This initial design proposal included expansion of the existing convenience market and adding a new carwash building. Since the owners are under 10 year contractual obligation to keep the station a Shell branded site and continue to sell Shell fuel products, retention of the fuel dispensing service was obligatory as a part of this renovation. The design team took great care to design a facility that would not only enhance the existing local and visitor-service customer base, but would also be an attractive addition to the downtown business community. With the exception of the minor use permit request for the carwash addition, the project met all governing zoning regulations and building code requirements without the need for any code exceptions whatsoever. Entitlement Strategy Planning applications along with project drawings were originally submitted to the planning department on June 26th, .2009, which included the request for an Administrative Use Permit along with the requisite ARC application. The intent of this request was to allow the addition of a mechanical carwash facility in conjunction with an expanded convenience market and extant Shell service station located at 1101 Monterey Street in downtown San Luis Obispo. Upon review of our application, the Deputy Director elected to refer the Minor Use Permit to the Planning Commission, for which the applicants were given no formal reason for this decision. The only information given by staff was a general concern about compatibility of the proposed use with adopted design policies for projects located in the downtown core area. While taking no exception to the Deputy Director's decision, we nonetheless worked diligently with staff, revising the project to become explicitly more compatible with the specific goals, objectives, and General Plan policies for projects in the downtown core. Much discussion and dialog ensued between staff, our office and our clients as to the best approach to achieve the required nexus between the short-term goals of the project and the long-term policy objectives of the city. It was evident that significant project changes would be required to achieve the support of staff and bring the project in alignment with city goals. Revised Project Direction In response to staff feedback regarding the originally submitted entitlement drawings, we revisited the design approach in an effort to reach a mutually acceptable compromise. We subsequently prepared alternative design documents which directly addressed overall staff comments and design re-direction. These design alternative drawings endeavored to bring the initial project into conformity with the Community Design Guidelines and general plan policy direction for projects in the downtown area, and addressed the following specific and major areas of staff concern: Reduced emphasis on carwash use: Although the primary objective of this entitlement application is to establish an ancillary use to supplement the existing vehicle- 9 a r c i a a r c h i t e c t u r e + d e s i g n 1037 mill street , san luis obispo . ca l i fo rn is 93401 phone 805.7.83.1880 fax 805,783. 1881 www. garc iaarch design.com Attaqbment page 3 garcia architecture e s i 3 oriented fuel facility, we understand that a gas station with a mechanical carwash may not be the city's "preferred use"for this important downtown site, and also acknowledge the city's goals for more "pedestrian-friendly" projects in the downtown core area. Notwithstanding the city's position, the owners' primary goal is to renovate the existing business by adding additional vehicle services, as allowed in the underlying Commercial Retail zoning district for this property. In an effort to satisfy these seemingly dichotomous goals, we revisited the original design proposal with a renewed emphasis on minimizing the physical appearance and architectural presence of the proposed carwash use, along with its requisite queue and stacking lane requirements. As evident by the revised "alternate" project plans submitted to staff, this goal was accomplished by: 1) simplifying and understating the carwash building in terms of scale, materials, colors, and overall building massing; 2) emphasizing the appearance of the primary market building in terms of scale and proportion so as to draw focus to the primary retail building and away from the carwash structure, and 3) most importantly, redesigning the carwash queue lane to disappear under the convenience market building, and reappear on the backside JI i ;-zr ._ Proposed Higuera Street Elevation/Section of the structure away from view. This unique, albeit more costly approach allows the project to maintain the required carwash stacking lane length as required for proper and safe operation of the facility, yet all but hides the queuing vehicles from public view. Pedestrian-oriented building / storefronts: By their very nature, vehicle service station buildings are typically oriented towards the service/fuel pump areas and therefore away from streets and sidewalks. Being in a downtown location, this project presented a unique set of challenges and design obstacles. In an effort to comply with the prescribed policy guidelines for downtown design strategies, an alternative design was developed, in conjunction with staff guidance, which de-emphasizes the carwash use by creating an architectural hierarchy between the convenience market and carwash structures, as mentioned above. Most importantly, the primary market building was re-envisioned and now stretches out to meet the back of sidewalk on both Santa Rosa and Higuera Streets. This design strategy culminates in a new outdoor plaza which formally addresses the street intersection with an inviting pedestrian entry, elevated patio seating area, and two-story glazed volume which complements the adjacent extant commercial structures across the intersection. Although this approach will likely create functional and operational challenges for the convenience market, as well as increased construction costs to the project, the applicants were willing to explore this design alternative as a means to bring the proposed project into conformity with the SLO Community Design Guidelines for projects in the downtown core. g a r c i a a r c h i t e c t u r e + d e s i g n 1037 mill street , san luis obispo , california 93401 phone 805.783. 1880 fax 805.783, 1881 www. garciaarchdesign.com 3 page 4 garcia architecture Attachment Following documentation of these key design concepts, revised project plans were then resubmitted to the planning department on September 10th, 2009, which were reviewed for consistency with said policies and subsequently scheduled for review by the Planning Commission with.full staff recommendation for approval of the requested use permit Planning Commission Action Contrary to staffs clear recommendation, the Planning Commission ultimately voted 3/2 (braze & Whittlesey absent)to deny the requested use permit. It must be emphasized that this motion for denial (Motion Meyer, 2"d Singewald), came after an original motion for approval by the Commission narrowly failed by a 3/2 vote. When pressed to make findings for denial, Commissioners Meyer, Singewald and Stephenson hastily fabricated verbiage out of hearsay and conjecture in a pedantic and unsubstantiated attempt at supporting their motion. We understand the discretionary nature of these proceedings; however, the methods used to arrive at these "findings" by the Commission were improper and indefensible, since staff had clearly and methodically reached the nexus between the revised proposal and General Plan policy objectives applicable to this project. Specifically, Planning Commission Resolution No. 5534-09 lists only two (2) findings for project denial. Those findings are restated below, followed by our response. Finding 1. The subject use is not appropriate at the proposed location because the carwash is not compatible with its downtown location. Response: The subject use' "proposed location" has been a continuously operating fuel and service station for over 40 years, and has been an active and vital part of the downtown business community which it serves. This established facility provides services to local residents as well as visitors and tourists, whom often arrive to our downtown at this very intersection of Highway 1 and Higuera/Monterey Streets. The local station owners/ operators have been a part of the business community, at this exact site, for many years, and desire to continue being contributing members of this community by expanding their business with "compatible" retail and additional vehicle services on their property. Therefore, adding an ancillary carwash use to this well-established downtown vehicle-oriented business is clearly "compatible with its downtown location", since this specific downtown location is, in fact, an established vehicle-oriented facility. And while 3/5 Planning Commissioners argued that they preferred to see a more "retail-oriented" use at this location, a carwash in conjunction with a service station and expanded convenience market is a 100% retail-oriented use for this site. Therefore the proposed use is appropriate at its' proposed location because the carwash is compatible with its downtown location. Finding 2. The proposed use does not conform with the General Plan because the use is not pedestrian-oriented, does not encourage pedestrian traffic, emphasizes car use, and does not provide for a continuous street fagade with window and other elements of pedestrian interest. Response: The requested use is an allowed use in the underlying C-R Commercial Retail zoning district, and therefore conforms with the General Plan. In addition, the proposed (alternative) project emphatically and deliberately encourages pedestrian traffic and de- emphasizes car use by its very design. The proposed main retail building, which was revised garcia architecture + design 1037 mill street , sin luis Obispo . california 93401 phone 805.783. 1880 fax 805 783, 1881 www, garciaa rchdesign.coin PA '1 `</ Attac ment 3 page 5 g a r c i a architecture + d e s i g and redesigned in conjunction with city staff input and direction, does provide a continuous street fagade for the buildings' entire frontage(s) along Higuera and Santa Rosa Streets, with a full complement of pedestrian-oriented features. The proposed retail building contains windows, doors, storefronts, patios, decks, colonnades, lighting, railings, landscaping; material changes, alternating massing, and other elements that are clearly "elements of pedestrian interest'. The design team took tremendous effort to include these design elements that specifically address city downtown design policy objectives, and allow the project to be found consistent with these very policies. Consistency with General Plan Policies In addition to the aforementioned, we offer the following additional information to further describe how the proposed project meets downtown land use policies. LU Policy 4.1: Downtown's Role: The commercial core is a preferred location for retail uses that are suitable for pedestrian access, off-site parking, and compact building spaces. Downtown's appeal should be based on natural historical and cultural features, retail services, and numerous and varied visitor accommodations. This proposal is a request to increase various retail uses at this downtown site. Notwithstanding the vehicle-oriented nature of the existing business and proposed carwash use, the expanded convenience market is designed to be suitable for pedestrian access, and compact building form and spaces. With regards to off-site parking, this property, f ( which is located outside of the downtown parking 1,� district, lacks the benefits of inclusion in _ u this district and must therefore provide for its own required parking spaces on-site. This is - a policy conflict between ----------- -tethe underlying C-R zoning district and the. goals of LUP 4.1 for properties that are within the downtown yet lie outside the current downtown parking district. Notwithstanding this policy conflict, the proposed project will provide its fair-share and required parking on-site, as required by the underlying C-R zoning district. Additionally, with the approval of the carwash and expanded market proposal, this project will include additional retail services, along with enhanced visitor accommodations at this specific downtown location. Therefore, approval of the proposed project meets the policy objectives of LUP 4.1. LU Policy 4.26: Design Principles: The following principles should guide construction and changes of use within the commercial core: g a r c i a a r c h i t e c t u r e + d e s i g n 1037 mill street , san luis Obispo , cali(ornia 93401 phone 805.783.1880 fax 805.733.1881 www. garciaarchtlesign.coin p a g e 6 g a r c i a s r h i t e c t u r e At ailment 3 LU Policy 4.26.1: Street Level Activities: The street level should be occupied by stores, restaurants, and other uses benefiting from and contributing to pedestrian traffic, such as offices, with frequent client visits. Store and restaurants may occupy upper levels. Offices not having frequent client visits should be located above street level. The main retail store, which will sell coffee, food, snacks, groceries and other retail items, will occupy the street level. Given its presence at the street level, the location of the retail component will benefit from and contribute to pedestrian traffic in this area. In addition, the revised plan calls for locating the owners' office on the 2nd level of the main building, thus being located above the street level as suggested in LUP 4.26.1 LU Policy 4.26.3: Continuous Storefront: There should be a continuous storefront along sidewalks, at the back of the sidewalk, except for the Courthouse and City Hall block, plaza, recessed building entries, and sidewalk cafes. Providing a "continuous storefront" along any sidewalk is structurally and/or practically infeasible, as no building in the downtown core strictly adheres to this policy. We believe the intent of LUP 4.26.3 is to provide as much "storefront" as possible, along with plazas, building recesses, etc, in order to enhance the pedestrian experience. = m P Consistent with most retail i ® � r projects in the downtown �r q core, this project provides for a continuous facade "along the sidewalk, at the = - back of the sidewalk" complemented by ample storefronts, doors, windows, _ —d and other pedestrian- oriented features previously described herein. The project also contains a large and inviting, south-facing recessed building entry highlighted by a sidewalk patio/cafe area at the comer of Santa Rosa and Higuera Streets, rendering the project consistent with LUP 4.26.3. LU Policy 4.26.5: Sidewalk Appeal: Street facades, particularly at the street level should include windows, signs, and architectural details which can be appreciated by people on the sidewalks. Street level facades along Higuera and Santa Rosa Streets will include windows, signs (as approved by staff), and a host of architectural details which can be "appreciated by people on the sidewalks". The design of the main retail building takes it cues from many key downtown buildings, including Mission San Luis Obispo itself. The design calls for a colonnade of white smooth-stucco pilasters, complemented by authentic Mexican "saltillo"tile that will extend out to the back of sidewalk as an architectural gesture to greet pedestrians as they stroll past the building street facades. In addition, the inclusion of the outdoor plaza as described above will g a r c i a architecture + design 1037 mill street , san luis obispo . california 93401 phone 805.783. 1880 fax 805.783.188.1 www, garciaarchdesign.com page 7 g a r c i a a r c h i t e c t u r e Atttwhment 3 add to and enhance the "sidewalk appeal" of this project, as it will be the only retail oriented, pedestrian-friendly element of any building at this key intersection of the city. 8 � „so� �- a G O 1 mss. 1 , Proposed project as viewed from Santa Rosa Street Additional Project Benefits In addition to the meeting the specific policies listed above, the proposed project is also aligned with many other core values of the Community Development Department, including the following environmental attributes: Water Conservation: The proposed project includes a commercial-grade automatic conveyance-style wash and recovery system. In terms of total water usage per wash, a new car wash at this facility will require approximately 15-20 gallons of total wash water, of which 80% is reclaimed and recycled on-site, yielding a net use of only 3-4 gallons of fresh water per carwash. Compared to a vehicle being washed with a garden hose on a private residential driveway, this commercial carwash will save approximately 100-150 gallons of water per vehicle washed in the city. Storm Water Management Plan Compliance: In alliance with Best Management Practice (BMP) for Storm Water Pollution and Prevention (SWPP), this carwash facility will assist the Public Works Department in achieving its city-wide goals of enhanced storm water pollution prevention. Private and public research has consistently concluded that use of a mechanized commercial carwash facility is a preferred BMP for improved water quality strategies. The proposed carwash facility will contain a state-of-the-art water reclamation, recycle, recovery, and Ozone purification system. The wash and water recycle system will consist of a central underground water reclamation trench inside the tunnel, which collect the used or"grey" wash water from inside the wash tunnel floor, and runs said grey water through a set of 1,500 gallon multi- compartment clarification tanks. This pre-treated water is then recycled through an Ozone purifier, which completes the water reclamation and cleansing process. This "clean" water is then returned to the wash cycle for use on another vehicle. Any water that is not re-used in this system is discharged into the sanitary sewer and never reaches the city's storm water system. garcia architecture + design 1037 mill street , san luis obispo , california 93401 phone 805.783. 1880 fax 805.783. 1881 www, garciaarchdesign.com ADO cz_ 8, p a g e 8 g a r c i a a r c h i t e c t . Attachment 3 Sustainable Design Features: The owners desire to implement as many "green" features as possible in the redevelopment of their business. In addition to the methods and strategies mentioned above, the project plans call for installation of solar panels on the roofs of the existing fuel canopies ; as well as new buildings on the property. This ` El sustainable strategy will not only offset ongoingFuq energy use for the - business, but will also be an exemplary example of sustainable design, a core value in the city's recently adopted " Conservation O/S Policy. Project overview from the east Summary We believe the true merits of this project, a project informed and guided by current city policies which ultimately allowed city staff to make the proper and correct findings for use permit approval, were unfortunately overlooked by the Planning Commission's cursory review of this complicated yet inventive design proposal. We trust the information presented herein is beneficial in your objective consideration of this matter. Should you have any questions or concerns regarding this project, please do not hesitate to contact us at any time. We look forward to presenting this project to the City Council for reconsideration on the 3rd of November. Sincerely, garcia architecture + design 0 George F. Garcia, AIA cc: Raffy&Sonia Arsene Brian Leveille,AICP,Associate Planner g a r c i a a r c h i t e c t u r e + d e s i g n 1037 mill street , sun luis o5ispo . california 93401 phone 805.783. 1880 fax 805.783. 1881 www. garciaarchdesign.com n Attachment 4 MLn Ln5g � -.1 'D % :3 _ c 9LOA °1 gp qp a eg 9 & o cD a LA uQ ' H G CL ¢1 b N g5 fi99 tt S EE9p5 x L6 ga OLn rD A 3 (D Ins (D gal 159XI f a s alla rpt c € p M ? €€&£ ,_ §Ce O + �� ¢naannaa S � � E '$ rt �• cA .o uc Mon © 9 LI ' $& elk 3 O s C uo CL . % 1/ CA 3 < a : e � o o .a € He Ln �� nON F a 4 �=F Ygt4� r-• r•�ae x �� Y FFFgggo O Ln �¢ a (D . 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( 10 : II \ to All ( I1, Ot1t+ tl � p $ All � J� 19 F^. j \ Y pJ rl i Attachment 5 0G ' 4' r WEI 3 g ' N x � I 1 d i S I a f o \x M I � I i �q ,. siu _- § Affachment 5 � \ °El ° § I � will, , « - , Attachment 5 Fr Io J 9 M m Ory^ dip ad 0 0 I' 12411 I } i i I I I I i I I I Pr� a-3 u3 - ip �— CIX rnl�il.� say sa - Attachment 6 CITY OF SAN LUIS OBISPO PLANNING COMMISSION AGENDA REPORT ITEM# 1 BY: Brian Leveille, Associate Planner(781-7166) MEETING DATE: September 23, 2009 FROM: Doug Davidson,Deputy Director of Community Development FILE NUMBER: U 63-09 PROJECT ADDRESS: 1101 Monterey Street SUBJECT: Use permit request to allow a carwash in conjunction with new convenience store at an existing service station in the Downtown Core area. RECOMMENDATION Adopt a resolution approving the use permit. BACKGROUND Situation The applicant is proposing to demolish the existing convenience store and service bays to construct a new convenience store and carwash. The project site is zoned Retail-Commercial (C-R) and is located in the "Downtown Core" area. The existing service station was constructed in 1970. The Zoning Code Table of Allowed Uses states the use: "Vehicle Services _Carwash" may be reviewed at the administrative hearing level (Director's Use Permit). Municipal Code section 17.58.030 governing administrative use permit procedures, states that the director may refer an administrative use permit to the Planning Commission at his or her discretion if it is determined the application involves a major policy issue or public controversy that would be resolved more suitably by the Commission. In this case, the Director has determined the expanded use of the service station site and addition of a new carwash and convenience store structure in the Downtown Core area involves a policy issue most appropriately addressed by the Planning Commission. This item was continued from the Planning Commission meeting of August 28, 2009, to allow staff and the applicant time to develop an alternative design concept more consistent with policies of the General Plan for the Downtown Core area. The applicant has now developed an alternate design proposal which staff finds more consistent with General Plan Policy. The applicant would still like to propose both design scenarios for consideration. However, staff is only recommending approval of the "Alternate Design Proposal." In addition to use permit review to establish the carwash use, the project requires review by the Architectural Review Commission. Staff elected to forward the use permit to the Planning Commission to address policy issues of whether the proposed car wash and overall project design can be found in conformance with relevant City policies and guidelines prior to more Pita- 3� Attachment 6 U 63-09 1101 Monterey Street Page 2 detailed review of Community Design Guidelines by the ARC. Data Summary Address: 1101 Monterey Street Applicant: Raffy and Sonia Arsene Representative: George Garcia, Garcia Architecture and Design Zoning: C-R (Retail-Commercial) General Plan: General Retail Environmental Status: Categorically exempt under Class 1, Existing Facilities, Section 15301 of the CEQA Guidelines. Site Description The property is 30,407 square feet in size (.69 acres) and is located on the east side of Santa Rosa Street, bounded by Higuera Street to the south and Monterey Street to the north (Figure 1, below). i t `kr Figure LSite and vicinity Attachment 6 U 63-09 1101 Monterey Street Page 3 The property borders Retail-Commercial (C-R) zoning to the north, south, and east. Uses include Bank of America to the south across Higuera Street. To the east there is a parking lot and offices and a currently vacant property that was used for an auto sales lot and Vespa Dealer. Across Monterey Street to the north is the medical office building. To the west and northwest are County offices zoned Public Facilities (PF) and Downtown-Commercial (C-D). To the southwest there are several commercial uses including the Baja Fresh restaurant. The existing project site is currently developed with the Shell vehicle service station. There are four service bays and a small snack shop. There are two metal fuel canopy structures with six pumps. The majority of the site consists of asphalt paving used for vehicle parking and storage for the vehicle service uses (sheet C1.0, project plans). There are two driveway entrances to the project site from each project street frontage on Higuera, Monterey and Santa Rosa Streets. _ a �3�� v�La L ••yi - ''_f 46 C1 O _ o ,� moo. 4 �o. •Q . �O n e —1 c• _ a n -- -- Figure 2. view to the east from across Santa Rosa Street �Proiect Description Initial Project Design The applicant's initial project design proposes a new 2,700 square foot convenience store and a 1,800 square foot self-serve carwash structure. The proposed carwash facility would operate from dawn to dusk, and the convenience store is proposed to operate from approximately 7:00 am to PH D- '31 Attachment 6 U 63-09 1101 Monterey Street Page 4 10:00 pm. The new carwash tunnel is shown on site plans as 90-feet long and would be located at the northeast property line, roughly in the location of the existing service and snack shop building (Figure 3, below, & sheet AS 1.0, project plans). The project design includes a porte cochere entry feature to the carwash tunnel where vehicles would queue in a driveway that wraps around the convenience structure along the southwest corner of the site and along the Higuera Street frontage. The existing fuel pumps and canopies would remain and photovoltaic panels would be added on the south facing elevations of the existing Spanish file roofing. Parking is proposed in front of the carwash tunnel and convenience store. A total of 13 parking spaces are provided. i Carwash Tunnel Queuing Lane I 4 [C�T~ ' ' .;i•� ' 1^ L -• `mow -4 if 1 1 • E, ' s Convenience StoreED a ®~. _ bawl Figure 3. Initial Project Design QNa -Lin / Attachment 6 U 63-09 1101 Monterey Street Page 5 Alternate Design Proposal The alternate design proposal is in response to preliminary staff comments that the initial design was not.in compliance for General Plan Policy in the Downtown Core area (Attachment 2 & 3, project statement & architect's response to staff comments). The alternate design proposal extends the convenience store to the property lines of Santa Rosa and Higuera Streets and screens the carwash queuing area with a sloping driveway under the building. The redesigned convenience store also provides a raised outdoor seating area at the comer and a second entrance that can be accessed directly by pedestrians on Santa Rosa Street (Figure 4, below). The architecture of the new convenience market also has been modified to emphasize the convenience market at the comer and simplify the architecture of the carwash building. II tl } Ii IIf -�-I �® 3 n 1 e Car*-dANMi.per i• } \ `�}�,`^ i Imo_ 1. -15 I«„ ill !p narweK 1 I Lv ✓ I Figure 4.Alternate Design Proposal Attachment 6 U 63=09 1101 Monterey Street Page 6 EVALUATION General Plan Project location within Downtown 's The following paragraphs evaluate both design Core alternatives for consistency with applicable General _ Plan Policies. General Plan Policy is in italics followed by staff's response. LU Policy 4.1:Downtown's Role: i The commercial core is a preferred location for ^v�� retail uses that are suitable for pedestrian access, off-.site parking, and compact building spaces. Downtown's appeal should be based on natural historical and cultural features, retail services, and numerous and varied visitor accommodations. LU 4.16:Design Principles 1 The following principles should guide construction and changes of use within the commercial core. LU 4.26.1:Street Level Activities The street level should be occupied by stores, restaurants, and other uses benefiting from and contributing to pedestrian traffic, such as offices with frequent client visits. Stores and restaurants may occupy upper levels. Offices not having frequent client visits should be located above street level. LU 4.16.3: Continuous Storefront There should be a continuous storefront along sidewalks, at the back of the sidewalk, except for the Courthouse and City Hall blocks,plazas, recessed building entries, and sidewalk cafes. LU 4.16.6: Sidewalk Appeal Street facades, particularly at the street level should include windows, signs, and architectural details which can be appreciated by people on the sidewalks. Initial Project Design —Staff Analysis Land Use Element policies for the Downtown Core area have the common theme of encouraging pedestrian friendly development. The Initial Project Design proposes intensification of the existing auto intensive use and the design for the associated convenience market faces away from the street and does not accommodate street level Pp, -'�a r , Attachment 6 U 63-09 1101 Monterey Street Page 7 activity as called for in the above policies. The Initial Project Design faces the entry of the convenience store and windows away from.the street frontages it is adjacent to (Higuera and Santa Rosa Streets) and the back of the building with equipment rooms and service doors face Higuera Street (Figure 5, below & plan sheet ALL.) The proposed design places a driveway for vehicle queuing to the carwash between the convenience store building and the sidewalk. While it is difficult to envision partial redevelopment of an existing service station as potentially"pedestrian friendly", staff believes it is still possible to redesign the project to achieve many objectives of General Plan Policy for the Downtown Core. x n n r r n u M, i z Figure 5. Elevation facing Higuera Street, Initial Project Design Alternate Design Proposal Staff Analysis: The architecture and massing of the convenience market was redesigned with the goal of emphasizing the convenience market as the primary structure. The carwash is the same a "^ size and location as the initial design, but has been modified with the aim of simplifying the structure 9 with more subdued materials and _ colors (project sheets A2.1 & - — - - ADA). The queuing lane design where the Figure 6. Elevation addressing corner,Alternate Design driveway to the carwash slopes under the outdoor seating area and is below grade of the street level allows the convenience market to be moved forward to the property lines and provides area for outdoor seating at the street. Staff believes the revised design reflects efforts to bring the proposed convenience store PRS 43 Attachment 6 U 63-09 1101 Monterey Street Page 8 into compliance with the above noted General Plan policies to the extent feasible for a proposed carwash and gas station convenience store. The applicant's revised proposed project provides for street level activity, contributes to pedestrian traffic, and even provides for sidewalk appeal with the convenience market addressing the street corner. Noise Element Policy 1.7: Noise created by new stationary; noise sources, or by existing stationary noise sources which undergo modifications that may increase noise levels, shall be mitigated to not exceed the noise level standards of Table 2,for lands designated for noise-sensitive uses. Staff Analysis:.The maximum noise level allowed by Table 2, between the hours of 7:00 am and 10:00 pm is 70 dB. The primary noise source of the carwash is the dryer equipment. The applicant has.submitted a specification sheet (Attachment 4) for the dryer equipment which indicates that when the dryer is equipped with the optional silencer, the sound levels are between 60.5 dB at 50 feet distance from the source, and 74.5 dB at 10- feet from the dryer. The distance to adjacent property lines from the dryer source is sufficient to keep sound levels below the maximum amount. Figure 4, of the Noise Element (1990 Noise Contours) indicates sound levels already exceed 70 dB due to traffic noise from Santa Rosa Street and Monterey Street. Provided the appropriate silencer equipment is used, the carwash should not create noise impacts in the vicinity. Staff has included a condition of approval in the draft resolution requiring the continued use of silencer equipment and that the carwash remain in compliance with Municipal Code standards. Use Permit Use permits allow flexibility in providing for, regulating, or preventing various uses, so they will be compatible with existing or desired conditions in their neighborhoods. Provided the Commission finds the proposed carwash and new convenience market can be compatible uses with surrounding development, the use permit conditions provide for ongoing performance standards to reduce or avoid deleterious impacts to the surrounding neighborhood. Staff has included several conditions of approval in the attached draft resolution (Attachment 7) addressing hours of operation, maximum noise levels and site maintenance. Summary The proposed alternative design addresses this main corner of the downtown with its street presence and pedestrian orientation. The carwash queuing does not dominate the Higuera Street frontage as it does in the original submittal. The revised project respects the City's land use policies while recognizing the longtime existing nature of the site as a service station. PHS_ If Attachment 6 U 63-09 1101 Monterey Street Page.9 ALTERNATIVES 1. Continue the item. An action to continue the item should include a detailed list of additional information or project modifications required. 2. Deny the project. Action denying the application should include the basis for denial. ATTACHMENTS Attachment 1: Vicinity map Attachment 2: Applicant project description Attachment 3: Applicant response to staff comments Attachment 4: Noise and water use information Attachment 5: Reduced scale project plans,Initial Project Design Attachment 6: Reduced scale project plans, Alternate Design Proposal Attachment 7: Resolution of Approval Enclosed: Full-size project plans P gra-�S Attachment 7 SAN LUIS OBISPO PLANNING COMMISSION MINUTES September 23, 2009 ROLL CALL: Present: Commissioners Michael Boswell, Eric Meyer, Airlin Singewald, Vice- Chairperson Michael Multari, and Chairperson Charles Stevenson Absent: Commissioners Michael braze and Mary Whittlesey Staff: Deputy Community Director Kim Murry, Deputy Public Works Director Tim Bochum, Senior ,Planner Pam Ricci, Associate Planner Brian Leveille, Natural Resource Manager Neil Havlik, Senior Civil Engineer Hal Hannula, and Recording Secretary Janet Miller MINUTES: 1. August 26, 2009, were accepted as presented. 2. September 9, 2009, were accepted as presented. ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were no comments made from the public. PUBLIC HEARINGS: 1. 1:101 Monterey Street. A 63-09: . Use permit request to allow. a carwash in conjunction with new convenience store; Raffy & Sonia Arsene, applicants. (Continued from August 26, 2009, meeting) (Brian,Leveille) Brian Leveille, Associate Planner, presented the staff report which provided an overview of the use of the site as a service station since 1970 and described the project's location and surrounding uses. Mr. Leveille discussed the project's location within the Retail- Commercial zone and noted that service stations are an allowed use and that carwashes can be allowed with approval of an administrative use permit. Mr. Leveille described that the carwash use is subject to an administrative use permit, typically considered by the Community Development Director however the item was forwarded to the Planning Commission to consider its consistency with Land. Use Element policies that support a strong pedestrian orientation. Staff further explained that a carwash use is a discretionary use, allowable under C-R zoning but the property is also located within the Downtown Core which has policies encouraging pedestrian oriented uses and site design. Mr. Leveille provided background on the applicant's initial. submittal and described how the project had been modified by the applicant to address concerns of consistency with the General Plan pedestrian oriented policies to the greatest extent possible. Mr. Leveille explained that the Planning Commission's review focuses on the . Planning Commission Minutes Attachment 7 September 23, 2009 Page 2 use permit to evaluate compatibility of the carwash facility, whereas the overall design for the project site including the design for the convenience market would be reviewed in much more detail by the Architectural Review Commission in regard to its compliance with Community Design Guidelines. Staff recommended adoption of a resolution approving the use permit based on findings and subject to conditions which were outlined in the staff report. Commr. Meyer requested clarification on vehicle sight restrictions due to the proposed location of the outdoor seating area associated with the convenience store and reservation of adequate right-of-way for Higuera Street should the street be developed as a two-way thoroughfare. Tim Bochum, Deputy Director of Public Works, responded that sight distance would not be an issue and that adequate right-of-way existed for Higuera Street. Mr. Stevenson asked staff to provide additional clarification for how the project complies with general plan policies for the Downtown Core. Mr. Leveille replied that the project complied with the noted guidelines to the degree possible for an existing service station use and that the re-designed project provided for street presence and accommodated pedestrians at the comer location with the outdoor seating area facing Higuera and Santa Rosa Streets. Mr. Leveille also added the expansion of the use could be found to provide a service for visitors as called for in the policy to provide "varied visitor accommodations." Mr. Garcia, applicant's representative, presented a PowerPoint presentation and summarized his efforts to work with staff and the applicants to solve the design challenges of accommodating the proposed expansion of the convenience market and carwash within the context of meeting general plan goals. Mr. Garcia stated the project was necessary for the owners of the property to continue with an economically-viable business. Vice-Chair Multari requested clarification on the length of the queuing driveway. Mr. Garcia responded that the 10 vehicle length queuing lane was required to accommodate vehicle flow around the buildings and exceeds the industry standard minimum for this type of facility by only one or two vehicles. Mr. Multari suggested putting the queuing driveway in front of the carwash and having a U-Turn configuration. Mr. Garcia responded that this, along with other alternatives, had been analyzed and that this design was not a feasible option due to the resulting narrow turning radius. Chairperson Stevenson requested clarification on the possibility of only a convenience store without the addition of a carwash. Mr. Garcia noted that for the size of the site, a carwash facility would be an important profit center. Chair Stevenson responded that other potential profit centers might be more appropriate for the location and that he did not support the carwash as a necessity. PUBLIC COMMENTS: There were no comments made from the public: Affachment 7 Planning Commission Minutes September 23, 2009 Page 3 COMMISSION COMMENTS: Commr. Singewald asked staff if a different conclusion regarding the project's General Plan consistency would have been reached had the site been vacant. Mr. Leveille noted that the existing service station is an allowed use in the C-R zone and the evaluation for the proposal addressed consistency of the added use of the car wash. Commr. Meyer noted the difficulty of the site and the contradictory nature to the downtown plan. Mr. Meyer discussed other .alternatives to the car wash as a profit/business mix for the project to address the downtown core policies. Commr. Boswell discussed the long-standing, existing business use. Mr. Boswell noted that, since there was not a change of business for the use of the site and that this was not a non-conforming use, he supported the design and use. Vice-Chair Multari noted that the project does not support the long-term vision for the Downtown.Core but that the existing use was long standing and allowed.. Chairperson Stevenson noted that the project would involve removal of a significant function of the service station since the repair service portion of the business would be removed. Mr. Stevenson indicated that this project would not include the right mix of profit centers for the Downtown Core area. He expressed concerns about the permanence of the improvements .and how this might prevent extension of the Downtown Core up Monterey Street. Mr. Stevenson suggested that an alternative profit mix be considered as an adjustment to make this project more consistent with the General Plan policies for the downtown area. Commr. Singewald supported Chairperson Stevenson's comments. Mr. Singewald acknowledged the high-quality design and efforts to comply with policies but noted that this did not seem to be the right use for the site. Commr. Singewald confirmed that this was not a non-conforming use by the Zoning Code but did not seem to be an encouraged use by the General Plan and was like a non-conforming use in that sense. Commr. Boswell noted that the project was an allowable use and discussed the long- term nature of the business located on site. Mr. Boswell noted that he was uncomfortable with the Commission discussing the profit mix of the site and what options the owner might have to run a profitable business. Vice-Chair Multari noted that surrounding development, such as the Bank of America, Medical Office Building, and County Government Center, did not provide pedestrian- friendly street frontages. Vice-Chair Multari agreed with Commr. Boswell that discussion of profit centers on the site was not an appropriate subject for the Planning Commission. Chairperson Stevenson noted his concern of the permanence of the development given the significant excavation involved and expenditure to achieve the proposed project 'design. Chair Stevenson indicated he did not support the project. Planning Commission.Minutes Attachment 7 , September 23, 2009 Page 4. Vice-Chair Multari questioned staff as to whether the carwash use was subject to the same prohibition of drive-through facilities, ,which are not allowed in the City. Staff Planner Ricci answered that the carwash is not considered a drive-through facility and staff did not evaluate the carwash within that context. Commr: Meyer referenced Zoning Code language that differentiates drive-though facilities for a fast food use and a carwash.. There were no further comments made from the Commission. On motion by Commr. Boswell, seconded. by Vice-Chair Multari to adopt the resolution with the amendment to the use permit clarifying that the approval. supported the alternate design option presented by staff. Christine Dietrick, Assistant City Attorney, noted that the Commission should amend condition #4 to remove the specific "staff name and reference the Utilities Department contact information instead. Chairperson Stevenson noted that he does not support the project nor does he support the motion. Commr. Singewald noted that he does not support the project nor does he support the motion. AYES: Commrs. Multari and Boswell NOES: Commrs. Meyer, SingeWald, and Stevenson RECUSED: None ABSENT: Commrs. Draze and Whittlesey The motion failed on a vote of 3:2. Commr. Meyer does not support the project and noted his denial based upon the project's inconsistency with General Plan Policies 4.1 Downtown Role, 4.15 Sense of Place, 4.16.1 Street Level Activities, 4.16.3 Continuous Storefront, 4.16.6 Sidewalk Appeal, and 4.19 Implementing the Downtown Concept Plan noting that the use does not support a pedestrian-friendly area. Chairperson Stevenson questioned the wording on staff-recommended conditions of approval. Staff clarified the intent of the conditions. Ms. Ricci noted that any motion for denial should include specific references from the general plan or reasons why the project cannot.be approved. Chairperson Stevenson noted the project does not comply with Land Use Policy 4.1 and 4.26.1 since it would not benefit the intended pedestrian nature of the area. Chairperson Stevenson also noted the project is inconsistent with Land Use Policy 4.16.6 since it did not have sidewalk appeal on the elevation facing Higuera Street. Planning Commission Minutes " Attachment 7 September 23, 2009 Page 5 On motion by Commr. Meyer, seconded by Commr. Singewald to deny the use permit based on the following: 1. The omission of finding #1. 2. The sub ect. use-is not-appropriate at the proposed location because the carwash is not compatible with its downtown location. 3. The proposed use does not -conform with the _General Plan. _because the use is not pedestrian oriented.. emphasizes car use, does not provide a continuous fagade with windows and other elements or pedestrian entrance. AYES: Commrs. Meyer, Singewald, and Stevenson NOES: Commrs. Multari and Boswell RECUSED: None ABSENT: Commrs. Draze and Whittlesey The motion passed on a 3:2 vote. The Commission took a 10-minute break at 8.20 p.m. 2. 400 Prado Road. TR 112-07: Request for review of a vesting tentative tract map creating a 6-lot commercial subdivision with provision for condominium ownership for spaces within buildings and including an adjustment to the Speck Plan regarding the extent and design of the proposed collector road on the project's east side; BP zone; Prado Park, LLC, applicant. (Pam Ricci) Pam Ricci, Senior Planner, presented the staff report, recommending the Planning Commission adopt the Draft Resolution (Attachment 6), which recommends that the City Council: 1) Approve a Vesting Tentative Tract Map, based on findings, and subject to conditions; and 2) Adopt a Mitigated Negative Declaration. Neil Havlik, Natural Resources Manager, noted the biological mitigation programs associated with the project and its open space benefits. Vice-Chair Multari questioned if there had been an assessment of the oil plume. Pam Ricci noted that the extent of the plumes as depicted on plans are consistent with recorded documents and that parking areas could be developed above them. She mentioned that it was not anticipated that excavation associated with project grading would be deep enough to penetrate the plumes. Mr. Havlik noted that the plume continued to be static and that the Regional Water Quality Control Board had been consulted and would be a part of the project development. Mr. Multari noted that the Council staff report should include documentation discussed by staff concerning the subterranean plume. Chairperson Stevenson noted concern for geology, soils, and the high ground water table. He asked whether more permeable surfaces should be included in the project to 0,a_-5 0 Planning Commission Minutes Attachment 7 September 23, 2009 Page 6 address water quality on the site. Neil Havlik indicated that the site design adequately handles drainage. Commr. Boswell questioned whether a condition for right-of-way for a bus. turnout should be included. Mr. Bochum noted that most bus service will occur on the collector road in residential areas and, as land uses develop, the need for bus service can be addressed. Warren Hamrick, applicant representative, requested clarification be provided on proposed conditions #12, #22, and #24. Mr. Bochum addressed condition #12 noting the condition was crafted to coordinate timing and blending of improvements from various developments in order to meet code. Mr. Bochum noted that language could be refined to address the concerns. Hal Hannula, Senior Civil Engineer, noted that the Condition #24 language could be clarified to reference "phase 2" rather than final map. PUBLIC COMMENTS: There were no comments made from the public. COMMISSION COMMENTS: Vice-Chair Multari noted that the project meets the intent of the Margarita Area Specific Plan. There were no further comments made from the Commission. On motion by Vice-Chair Multari, seconded by Commr. Boswell, to adopt the draft resolution based on revised findings and subject to conditions, with finding #3 amended to include additional language indicating that the project addresses issues of aircraft over flight, hazardous materials, high water table, and-other geotechnical concerns: condition #24 language changed to reflect "phase 2" instead of final .map and addition of condition #28 to reflect requirement of an avigation easement if one has not already been obtained. The Commission suggested that refinements be made to Conditions #12 and #22 within the draft resolution prepared_for Council consideration. AYES: Commrs. Boswell, Meyer, Singewald, Multari, and Stevenson NOES:- None RECUSED: None ABSENT: Commrs. Draze and Whittlesey The motion passed on a 5:0 vote. COMMENT AND DISCUSSION: r ....... 3. Staff Planning Commission Minutes Attachment 7 September 23, 2009 Page 7 a. Agenda Forecast — Staff provided, an agenda forecast of the October 14th Planning Commission meeting. Staff also reminded the Commission about the upcoming Mayor's quarterly lunch and Advisory Body training. 4. Commission— Commissioner Boswell and Chairperson Stevenson shared information about the recent American Planning Association conference. ADJOURMENT: The meeting was adjourned at 9:45 p.m. Respectfully submitted by, Janet Miller Recording Secretary Approved by the Planning Commission on _October 14, 2009 A4 Ryan K. etz Supe ing Administrative Assistant -- RESOLUTION NO. XXXX-09 Attachment 8 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSIONS DECISION TO DENY A USE PERMIT TO ALLOW A CARWASH AT 1101 MONTEREY STREET; APPLICATION NO.U 63-09 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall,990 Palm Street, San Luis Obispo,California, on September 23, 2009, for the purpose of considering a use permit request to allow a carwash facility at 1101 Monterey Street, Application No. ARC U 63-09; and WHEREAS, The Planning Commission denied the use permit request based on findings of inconsistency with General Plan Policy for the Downtown Core area; and WHEREAS, An appeal of the Planning Commission's action was received by the City on October 2, 2009; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the appellant,interested parties, and the evaluation and recommendations by staff,presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section 1. Action. The appeal is denied. The Council upholds the recommended action of the Planning Commission on September 23, 2009, and makes the following findings: 1. The subject use is not appropriate at the proposed location because the carwash is not compatible with its downtown location 2. The proposed use does not conform with the General Plan because the use is not pedestrian-oriented, does not encourage pedestrian traffic,emphasizes car use,and does not provide for a continuous street fagade with windows and other elements of pedestrian interest. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of , 2009. ��-s3 1 Resolution No. [ Attachment 8 Page 2 Mayor David F. Romero ATTEST: Elaina Cano, Interim City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney RESOLUTION NO. XXXX-09 Attachment 9 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSIONS DECISION TO DENY A USE PERMIT TO ALLOW A CARWASH AT 1101 MONTEREY STREET; APPLICATION NO.U 63-09 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on September 2.3, 2009, for the purpose of considering a use permit request to allow a carwash facility at 1101 Monterey Street,Application No. ARC, U 63-09; and WHEREAS, The Planning Commission denied the use permit request based on findings of inconsistency with General Plan Policy for the Downtown Core area; and WHEREAS, An appeal of the Planning Commission's action was received by the City on October 2, 2009; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the appellant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section 1. Action. The appeal is approved. The Council makes the following findings and imposes the following conditions: 1. The proposed use, as conditioned, will not be detrimental to the health, safety and welfare. of persons living or working in the area, because the carwash facility will not exceed maximum allowed noise levels and conditions of approval on the use permit ensure ongoing compatibility with adjacent uses. 2. The subject use is appropriate at the proposed location since the service station is an existing use and the carwash can be found compatible for its downtown location when taken together with the overall redevelopment project, which involves a new convenience, market designed to deemphasize the carwash function and achieve downtown objectives such as accommodating pedestrian activity and street level presence. 3. The proposed use conforms to the General Plan because carwashes can be allowed in the underlying zone with approval of a use permit and the carwash is a typical use associated with the existing service station which is an allowed in the Retail-Commercial (C-R) zone. Q�� 5 Attachment 9 Resolution No. [ ] Page 2 Conditions 1. The use permit shall not be effective until after all associated site development for both the carwash and convenience market has been completed consistent with the related Architectural Review Commission application #ARC 63-09 and given final occupancy. ARC conditions of approval shall be complied with at all times including maintenance of landscaping and the site shall be kept in a clean and orderly manner. 2. The use permit shall be reviewed upon substantiated evidence the operation of the carwash and associated site development and maintenance is not in full compliance with conditions of approval in this use permit.. In review.of the use permit, the Planning Commission may add, delete or modify conditions of approval, or revoke the use permit. 3: If, at any time in the future, operation of the carwas_h results in noise levels that exceed City Municipal Code standards the use shall be discontinued until the noise can be brought into compliance with the conditions listed herein. 4. Additional detail of carwash facility including the Carwash Equipment Room shall. be provided during the building permit review process to ensure compliance with Municipal Code section 13.08.160 (Grease, oil, sand interceptors). The proposed carwash would require clarifier installation. Installation of any floor drains will require safeguards to protect sanitary sewer system. 5. Backflow devices are required for protection of the potable water systems both on- and off-site, 6. The car wash mechanical dryer unit shall be fitted_ with the appropriate noise reduction package as supplied by the manufacturer. 7. The car wash and associated mechanical equipment shall not be operated or tested between 10 PM and 7 AM. Section 2. Environmental Review. Categorically exempt under Class 32, Infill Development, Section 15332 of the CEQA Guidelines. On motion of , seconded by. _ _. and on the following roll call vote: AYES: NOES:. ABSENT: The foregoing resolution was passed and adopted this day of 2009. 9 Resolution No. [ J Attachment Page 3 Mayor David F. Romero ATTEST: Elaina Cano, Interim City Clerk APPROVED AS TO FORM: Jo n Lowell, City Attorney Filing Fee: $250.00 Paid ceived CITY OF SAh'I. ,..�, NIA c Grp city of *REFER TO SECTION 4 O C T _ 2 2009 Oftia san lues OBISPO -"muivily IF- APPEAL TO THE CITY COUNCIL EVELppM T SEC77ON 1. APPELLANT INFORMATION sw 1 c� No c4w-f N \A0 V\`1y-&-1 Name Mailing Address and Zip Code Phone Fax Representative's Name Mailing Address and Zip Code SSC Pt(�I V Tit<e�N Phone Fax i U SECTION t SUBJECT OF APPEAL 1. In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Code (copy attached), I hereby appeal the decision of the: (Name of Officer, Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered: / ,3 ' ?-O0% 3. The application or project was entitled: /✓dG✓/l�doY/✓ �!L�L L / 3'� 4. 1 discussed the matter with the following City staff member. R^-w lleevC l"Gz 4L—,Z i'J on a/1 (Staff Members Name and De rtment) (Date) 5. Has this matter been the subject of a previous appeal? If so,when was it heard and by whom: SECTION 3. REASON FOR APPEAL Explain specifically what actioNs you are appealing and why you believe the Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. Page 1 of 3 J r Reason for Appeal continued 7W i�,47FA O0vrl PAL&f �i0 v C SECTION 4. APPELLANT'S RESPONSIBILITY The San Luis Obispo City Council values public participation in local government and encourages all forms of citizen involvement. However, due to real costs associated with City Council consideration of an appeal, including pu ' o MCetio , II appeals pertaining to a planning application or project are subject to cling fee of$100J which must accompany the appeal form. Your right to exercise an appeal comes with certain responsibilities. If you file an appeal, please understand that it must be heard within 45 days from filing this form. You will be notified in writing of the exact date your appeal will be heard before the Council. You or your representative will be exoected 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 if your request for continuance is received after the appeal is noticed to the public, the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it will be granted, that action is at the discretion of the City Council. I hereby agr to ap ear and/or send a representative to appear on my behalf when said appeal is sc ul ac hearing before the City Council. 0 0 q (Signalrur of Appellant, (Datd) Exceptions to he fee: 1)Ap sof Tree Committee decisions. 2)The above-named appellant has already paid the City$100 to eal ame matter to aCity of�ficial/o`r Council advisory body. This item is hereby calendared for c: City Attorney /City ' ' rn C Department Head IftW AAWMV/u.E Advisory Body Chairperson Ct4uex SirA*vro4J City Clerk(original //�.er el ry 4ce 31AyVIDSOA1 lhil"-f� Page 2 of 3 V&4U S 8/03 DECEIVED OCT 12 2009 October 12,2009 SLO CITY CLERK City Council City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Subject; Appeal of Planning Commission decision to deny A63-09 /Request for Carwash Use Downtown Shell,1101 Monterey Street,San Luis Obispo,CA 93401 Dear Honorable Mayor and City Council Members, My wife, Sonia and I, bought the business "Downtown Shell" in 1991. Since then,we worked every day, from dawn to dusk, to improve the business and make a decent living for our family. Over the years,we had many challenges to keep our business running. Some challenges were from Shell Corporation and their conditions of purchase. More recently, the biggest challenge was to keep our business going during the "Century Dig"project,followed by the construction of the County building that lasted many years. In spite of all these difficulties,we did not compromise the quality of service that we provided to locals and visitors alike. We would like to remind you that the city had the desire to have a bus stop at our site for a long time. "Three years ago, we had the opportunity to buy the land from Shell Oil Company. Our purchase was contingent upon keeping the station as a Shell branded gas station for a ten year term.We grabbed this once in a lifetime opportunity,and now the property and the business are 100%locally owned and operated. As I mentioned,we are under a 10-year contractual obligation to Shell Oil to supply and sell fuel at this site. While we intend to honor our commitments with Shell Oil, we also have desired,to expand our local business to offer additional services and products that would be compatible with our customers as well as our downtown location. Being in the oil and car business all these years,we discussed many possible options and additions that would enhance our existing vehicle-oriented business,yet still be compatible with our obligations to Shell. We also listened to our customers. Over the years,many customers have suggested that we also consider offering additional services, such as a carwash and/or and expanded food market on the property. When folks come to purchase gas,it is very natural and convenient to also wash their vehicle,purchase milk or bread,get a coffee, etc. Having a carwash facility and mini-market in conjunction with gas sales on the same property is a natural extension of our business, and is a very appropriate use of this existing vehicle-oriented site. Our proposed carwash will be eco-friendly because the water consumption will be only 2 gallons per carwash versus 100 gallons or more when people wash their cars on their driveways at home. Our wash water will be recycled on site and reclaimed verses a car washed at home,where contaminated waste water runs directly into the city storm drains. Our wash facility will be a conveyor-type carwash that will provide an efficient and high quality carwash,with very little expenditure of our natural resources. In conjunction with our proposed carwash, we envision the expanded convenience store will serve a variety of coffees,pastries,sandwiches,food and small grocery and convenience items. The proposed design is planned to have a very pedestrian-friendly outdoor sitting restaurant area open to Santa Rosa and Higuera Streets. In addition, the convenience store will have a dedicated "tourist gift shop" section containing promotional items intended to inform and expose new visitors and travelers to our Downtown San Luis Obispo,which will in tum add retail opportunities for all downtown businesses. Regarding the requested use permit, we initially just wanted to simply remodel the existing repair shop building into a carwash and have an expanded convenience store on the property.However,city planning staff recommended to us that we consider improving our concept and design of the overall project for the greater good of the downtown. We went to great lengths to address the concerns of city staff in order to gain their -2— October 12,2009 support of the project, which was reflected in their recommendation for approval of the project to the Planning Commission. And although these design revisions will increase construction costs beyond our budget,it still makes economic sense for us to move forward with the carwash and expanded market concept. The proposed project will be a great improvement from the existing building on the property. Even though the requested carwash is obviously a vehicle-oriented use,its design along with the design of the new convenience market will increase foot traffic to and from the downtown area. Our architect has designed a project that is very pedestrian friendly, and will actually draw more retail shoppers this part of town,which is currently surrounded by either office buildings or empty car lots. In addition, this expanded project will provide increase sales tax revenue for the city,in a time when every local dollar counts. We are very proud to be a part of the downtown community of San Luis Obispo,and we are here to stay as retail business in downtown San Luis Obispo.We trust that you will assist us in our efforts to improve our downtown property and business. As always,we:are:still committed to investing both our time and money into San Luis Obispo in order to improve the downtown for everyone. We would like to invite each and every city council to visit our site,and should you have any questions,please don't hesitate to call us at(805)543-6821. We trust that you will take a positive action on our request, and we look forward to have our application approved by the council. Respectfully, e_,A�xseine Page 1 of 1 Chippendale, Sue From: Hampian, Ken Sent: Monday, October 19, 2009 9:48 AM To: Council ALL Cc: Chippendale, Sue; Stanwyck, Shelly; Lowell, Jonathan P; Mandeville, John; Murry, Kim; Davidson, Doug; Leveille, Brian; Cano, Elaina Subject: Appeal of Planning Commission Decision-Arsene Attachments: Arsene- 11-3-09.pdf Due to a long personal relationship with Mr. Arsene (Raffy) and his wife, Sonia, in late September I notified the staff that would be excusing myself from this appeal (even though I have absolutely no financial interest in the matter, of course, I am concerned about perceptions, regardless of the recommnedation and outcome). Therefore, I have not participated in meetings on this topic (before or after the Planning Commission meeting), nor will I be involved in crafting the staff recommendation and approving the final staff report to Council , which you shall receive on October 27th. Ken Hampian, City Manager City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 (805)781-7114 From: Chippendale, Sue Sent: Wednesday, October 14,2009 10:23 AM To: Hampian, Ken; Stanwyck, Shelly; Lowell, Jonathan P; Mandeville, John; Murry, Kim; Davidson, Doug; Leveille, Brian; Cano, Elaina Ce: 'cstevenson@co.slo.ca.us' Subject: Appeal of Planning Commission Decision-Arsene Attached please find an appeal scheduled for the November 3 Council Meeting, regarding the denial by the Planning Commission of a use permit at 1101 Monterey Street(Shell Station). Thanks, Sue 10/21/2009