HomeMy WebLinkAbout06/06/1990, 2 - APPEAL OF USE PERMIT A164-89 (THE APPLE FARM) -- SUPPLEMENTAL INFORMATION r�I IIVU AGENDA
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990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
June 5, 1990 SUPPLEMENTAL AGENDA REPORT MATERIAL
MEMORANDUM (Original agenda report from meeting
of 5/1/90 begins on page 9)
TO: City Council
VIA: John Dunn, CA6R�
O
FROM: Arnold Jonasr7community Development Director
BY: David Moran, Associate Planner
SUBJECT: Appeal of Use Permit A164-89 (The Apple Farm) --
Supplemental Information
Use permit A164-89 is a request by the Apple Farm for a twenty
percent mixed-use parking reduction for adjacent properties at 2015
and 2121 Monterey Street. The Council held a public hearing to
consider an appeal of the approval of this use permit at your May
1, 1990 meeting. At that time, the Council asked for the following
additional information:
1. Compact Parking -- How many compact parking spaces are
included in the total number of parking spaces provided for
the two sites, and does that number exceed the maximum allowed
by city regulations? Do the compact stalls provided meet the
minimum required width and depth?
A survey of the site on May 18, 1990 revealed that there are
170 total parking spaces at 2015 and 2121 Monterey Street, and
that 71 of them are labeled as compact spaces. This
corresponds to about 42% of the total spaces. City regulations
allow a maximum of 40% of the total parking spaces in a
commercial project to be compact, which in this case would be
68 spaces. Therefore, The Apple Farm exceeds the allowed
maximum number by three spaces.
However, of the 71 spaces labeled as "compact", 11 meet the
minimum dimensions for standard size stalls under current
Parking and Driveway Standards. Some or all of these 11 spaces
could be redesignated as standard spaces without altering the
physical layout or function of the parking lot.
-TY; 3.3990
r couNCIL
SAN Luis oeisPo,CA
Apple Farm Supplement
Page 2
The standard and compact parking spaces, and the parking lots
themselves, either meet or exceed city standards for stall
width and depth and for access aisle width, with one exception
as shown on the attached diagram. The parking lot bay width
along this portion is 39 feet, where 44 feet is required for
45 degree parking stalls. It should be noted, however, that
the parking stalls are slightly wider in this part of the lot
(8 feet 6 inches, where 8 feet is the minimum) . The narrower
aisle does not appear to cause problems with access to the
spaces, or to create congestion.
2. offsite Parking Agreement -- Also at the previous hearing it
was noted that the owner of the Apple Farm had not submitted
the required offsite parking agreement for spaces provided
for 2015 Monterey at 2121 Monterey Street. The agreement
submitted for review (copy attached) needs to be reworded to
be consistent with our standard offsite parking agreement
language (see standard offsite agreement form, attached) .
attached: Compact parking exhibit
Draft offsite parking agreement
Standard offsite parking agreement
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Recording Requested By
City of San Luis Obispo
and When Recorded Mail to:
Community Development Director
City of San Luis Obispo
P.O.Box 8100
San Luis Obispo,CA 93403-8100
APN 001-081-011 &012
PARKING LICENSE AGREEMENT
This Agreement is made this_day of May 1990,by and between the FRANCISCAN
COMPANY,a California corporation,(the "Franciscan Company") and M. ROBERT DAVIS and
KATHLEEN DAVIS, husband and wife (the "Davises").
RECITALS
A. The Franciscan Company owns that certain real property located in the City and
County of San Luis Obispo,State of California,more particularly described as Parcel 1 of Parcel Map
No.SLO-78-104 recorded February 22,1979 in Book 27,Page 69 of Parcels Maps of said County("2121
Monterey Street")
B. The Davises own that certain real property located in the City and County of San Luis i
Obispo, State of California, more particularly described as Parcel 2 of Parcel Map No.SLO-78-104
recorded February 22, 1979 in Book 27,Page 69 of Parcels Maps of said County("2015 Monterey Street"),
which is adjacent to 2121 Monterey Street.
C. The Davises presently lease 2121 Montery,and the purpose of this agreement is to
provide to 2015 Monterey Street the availability of vehicle parking spaces on the terms and conditions
provided herein.
AGREEMENT
1. Grant of License. For valuable consideration,and subject to the terns of this
Agreement, the Franciscan Company hereby grants to the Davises the following license:
At least fifty-eight (58) vehicle parking spaces shall be available at 2121 Monterey
Street for vehicular parking purposes. Of that amount,at least thirty-four(34)spaces
shall be maintained for the exclusive use of motel guests at 2121 Monterey Street,twelve
(12)spaces shall be available for the exclusive use of employees,customers or guests of
the Davises at 2015 Monterey Street,and twelve(12)additional spaces may be used as
offsite parking to serve the uses of 2015 Monterey Street. ("Parking License")
2. Covenant Respcgting Ci!X Standards. The Davises agree that if the Parking License
described in paragraph i becomes unavailable.for any reason,the parking requirements for 2015
Monterey Street shall be modified to meet City of San Luis Obispo standards for the.uses then conducted
on 2015 Monterey Street,or the uses shall be modified so that such parking requirements are met.
(5.3.90) Page 1
I
The Davises agree to notify the Community Development Director for the City of San Luis Obispo in
writing if such offsite parking is not available.
3. Termination of Parking License. The Parking License described in this instrument shall
continue in full force and effect until terminated by the Franciscan Company by recording a notice of
termination of this Parking License with copy to the Community Development Director of the City of
San Luis Obispo. In that event, the Davises also shall notify the Community Development Director for
the City of San Luis Obispo in writing that such offsite parking is not.available. Whether or not notice
of termination is given, the parking requirements for 2015 Monterey Street shall be modified to meet
City of San Luis Obispo standards for the uses then conducted on 2015 Monterey Street,or the uses shall
be modified so that such parking requirements are met.
4. City Conditions Applicable to 2015 Monte
A. Due to limited parking available,outdoor dining use at 2015 Monterey shall be
limited to 720 square feet of gross floor area at either the millhouse dining deck or the restaurant deck,
but not both.
B. If the millhouse dining deck is used, the following restrictions shall apply:
(1) No alcoholic beverage service shall be allowed.
(2) No menu food services shall be allowed. Food service shall be"to go",
"box"lunches or buffet style only,primarily serving groups.
(3) Hours of operation shall be 7:30 a.m..to 7:00 p.m.
(4) No outdoor music,live or recorded,or entertainment shall be allowed at
any time.
(5) No cooking of food shall be done at the millhouse. Food warming and
incidental food preparation and serving shall be allowed.
5• Covenant.Running with the Land. The parties acknowledge that this Agreement is a
Covenant running with the land.
6. Bindin Eg ffect. This instrument shall bind and inure to the benefit of the parties and
their respective heirs, personal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year
first above written.
FRANCISCAN COMPANY
a California corporation
M. Robert Davis
By
Nicholas ). Murphy Kathleen Davis
President
(5.3.90)
Page 2
i
U
STATE OF CALIFORNIA )
ss
COUNTY OF SAN LUIS OBISPO )
On May_,1990 before me,a Notary Public for the State of California, appeared M.
ROBERT DAVIS and KATHLEEN DAVIS personally known tome(or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to this instrument,and they
acknowledged that they executed it.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Notary Public
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN LUIS OBISPO )
On May_,1990 before me,a Notary Public for the State of California, appeared
NICHOLAS J. MURPHY personally known to me(or proved to me on the basis of satisfactory evidence)
to be the President of the corporation that executed the within instrument on behalf of the corporation
therein named,and acknowledged to me that such corporation executed the within instrument pursuant
to its bylaws or a resolution of its Board of Directors.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day
and year first above written.
I
Notary Public
I
i
i
(5.3.90) Page 3
�_.
" 3. As required by the city; additional information is attached to this
agreement and incorporated by reference as (If none is
required, write "none".)
0 NII7NESS WE1F MF, the parties hereto have executed this agreement on the day
- and year first above written.
owner One Date
,mer TWO Date
Tenant Date
State of ` On this the_day of 19_,before me.
3 SS.
County of
the undersigned Notary Public.personally appeared
L• personally known tome
proved tome on the basis of satisfactory evidence
to be the person(s)whose name(s) subscr bed to the
within instrument.and acknowledged that executed it.
WITNESS my hand and off lolel seal.
Notary's Signature
...............................................................................................................
city Official Date
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO. ss.
On this _ day of in the year before me
personally appeared , known to me
to be of and known to
me to be the person vho executed the within instrument on behalf of said public
corporation, agency or political subdivision, and acknowledged to me that
executed the same.
(SEAT.)
Notary Public
RECORDING REOUESTEDl,---
J;,;,,., Qty Of
i SM IDIS OBIVO
WHEN RECORDED MAIL TO
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF SAN LUIS 081SPO
P.O. Box 8100
San Luis Obispo. CA 93403-8100
SPACE ABOVE THIS LINE FOR RECORDER'S USE
OFF-SITE PARKING ACaFMEME1P
TMS AGREE Wr; made and entered into this day of , 19_,
by and among and the
QTY OF SAN LUIS OM SPO (hereinafter, "City").
VEM SSESii:
is the owner of San Luis Obispo;
and
FF�TiFAS, _ has leased to
for and
W2EREA4; is the owner of and -
WMEAS, The Ci has anted �
City �. approval for operation of at
and
WWZM, one condition of said approval (Use permit application # )
requires to maintain additional off-site,
off-street parking space(s) to service the during its hours of
operation; and
WrIQ2EAS, is willing to provide said off-street parking on
his aforesaid premises;
NOW, THMMRE, it is hereby mutially agreed by and between the pairt;ea hereto
as follays:
1. hereby agrees to provide and maintain on his property
at parking spa (s), as approved by the
City, for the exclusive use of 'a business at
during all hours of operation of the business; on terms; conditions and ca xmation
as may be agreed opal by and
2. If for any reason the space provided bewares unavailable to
shall iummxb ately notify the City in writing of the
unavailability.
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, . ORIGINAL AGENT REPORT FROM MEETING OF 5/ 30
�IMIypIfI��II�Ip��III=I III MEETING Da.,&-o O
all IE` II c�� of san Luis ori spo
COUNCIL AGENDA REPORT 'ITEM NUMBER:
_
AV
0
FROM: Arnold Jonas, Community Development Director; BY: David
Moran, Associate Pla er
SUBJECT:
Appeal of Planning Commission approval of a use permit allowing a
twenty percent mixed use parking reduction at 2015 and 2121
Monterey Street (The Apple Farm) .
CAO RECOMMENDATION:
Adopt Draft Resolution No. 1 to deny the appeal and uphold the
decision of the Planning Commission approving a twenty percent
mixed-use parking reduction subject to conditions.
REPORT IN BRIEF
The owner of the Apple Farm motel and restaurant wants to allow
outdoor dining in two locations on the site: on the patio next to
the restaurant and on the patio next to the Mill House. Previous
approvals currently allow him to have outdoor dining at only one
of these locations at a time. In order to provide the 12 additional
parking spaces for the expanded use, he applied for a mixed use
parking reduction for the Apple Farm and adjoining Trellis Court
motel (formerly the Franciscan motel) . Section 17.16.060 (B) of
the zoning ordinance allows the Director, through the
administrative use permit process, to reduce the total parking
space requirement for a site by up to twenty percent when the times
of maximum parking demand from the various uses on a site will not
coincide.
Based on data supplied by the applicant, and confirmed with data
collected by staff, the Hearing Officer concluded that the uses
on the site -- primarily the restaurant and motel -- result in
times of peak parking demand which do not coincide and on January
51 1990, approved a twenty percent mixed use parking reduction for
the Apple Farm and adjoining Trellis Court motel. The conditions
of approval allow outdoor dining at two locations subject 'to
restrictions on the hours of operation and the maximum floor area
allowed. This action was appealed to the Planning Commission who
voted 4-2 on March 14, 1990 to deny the appeal. The decision of the
Planning Commission has been appealed to the City Council.
The points of concern of the appellants are:
-- The decision of the Hearing Officer and Planning Commission
was based on inaccurate parking calculations for the various
uses on the site.
Current parking and use data for the Apple Farm is summarized
-- on Exhibit III. The information differs slightly (2 parking
MY Of San WIS OBISPO
ORGA COUNCIL AGENDA REPORT
ARC 90-08 2
Page 2
spaces) from the original calculations but did not change the
staff or Planning Commission conclusions concerning approval
of this request. The actual parking reduction is 20 percent,
as previously requested.
-- The parking data used to support the decisions of the Hearing
Officer and Planning Commission did not reflect the fact that
employees of the Apple Farm are not permitted to park on the
site.
The zoning ordinance is silent with respect to whether or not
employees are required to park in the parking provided on a
site. Therefore, it was not considered germane to the decision
of the mixed-use reduction.
-- The mixed-use reduction will worsen an existing problem with
on-street parking in the vicinity of the Apple Farm.
On-street parking is heavily used in the upper Monterey Street
area but was found to be available at various times of the day
and week.
This item. was continued from the council's April 171 1990 meeting
at the request of the applicant and appellants to allow time to
resolve their various concerns without the need for the appeal.
BACKGROUND
Data Summary
Address: 2015 and 2121 Monterey Street
Applicant: Bob Davis
Appellants: Bonnie Garritano, et al, and Robert Binkele (two
separate appeals)
Zoning: C-T-S
General Plan: Tourist commercial
Environmental Status: This project is categorically exempt.
Site Description
The site consists of about five total acres on two adjoining lots
of record which contain two motels (99 total rooms) , a restaurant,
and a gift shop. There are 170 total parking spaces on the two
sites (112 spaces at 2015 Monterey Street and 58 spaces at 2121
Monterey Street) .
DISCUSSION
1. Prior Actions/Applicant I a Request -- The Apple Farm hotel and
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city of san Luis osispo
COUNCIL AGENDA REPORT
ARC 90-08 3 '
Page 3
restaurant has been the subject of numerous previous actions
by the Director and Architectural Review Commission which are
summarized at the end of this report. The _ two actions most
germane to the current request and appeal are the mixed-use
reduction previously granted in 1984 (A96-84) , and the more
recent approval of offsite parking for the Apple Farm at the
adjacent motel site at 2121 Monterey Street (A73-89) . The
former is important because the uses on the site (restaurant,
motel rooms and gift shop) are principally the same now as
then, although expanded. .The latter is important because a
condition of approval allows the owner of the Apple Farm to
provide outdoor dining on the patio next to the restaurant or
the patio next to the Mill House but not both (see conditions
of approval and parking summary, Exhibits I and II, attached) .
The applicant now wants to provide outdoor dining at both the
Mill House patio and the patio next to the restaurant. In
order to provide parking for the increase in dining and food
preparation space (12 additional spaces) , the owner has
applied for twenty percent mixed use parking reduction for
adjacent sites at 2121 and 2015 Monterey Street. On January
51 1990, based on supporting data provided by the applicant
and staff which showed that excess parking is available on the
site, the Hearing Officer approved a 20 percent mixed-use
parking reduction which reduced the total required parking for
2015 and 2121 Monterey Street from 212 spaces to 168 spaces,
subject to . findings and conditions (see minutes and
conditions, attached) .
The conditions restrict the total outdoor dining allowed for
the site to a maximum 1125 square feet: 640 sq.ft. at the
restaurant deck and 485 sq.ft. at the Mill House. The
conditions also restrict the hours of operation for dining at
the Mill House and require that all food be "box lunch" or
"to-go" only. These are the same restrictions on the Mill
House dining that are currently in effect, except that the
Planning Commission changed the hours of operation allowed for
the Mill House deck dining from 7:30 AM to 7:00 PM to 10:00
AM to 7:00 PM. . The conditions also require that the owner
enter into a recorded agreement which says that the outdoor
dining shall cease if inadequate parking is evident. The use
permit will also be reviewed in one year, at which time it may
be revoked, extended, or conditions added or modified. This
use permit would also supersede the previous mixed use
reduction granted in 1984, and would amend those conditions
of approval for the offsite parking granted in 1989 which
- relate to the use of outdoor dining areas.
t'.
�d'� ►�Niflli�p �l�lll city of sari Luis oBispo
MISMs COUNCIL AGENDA REPORT
ARC 90-08
Page 4
2. Parking Availability -- The proposed additional outdoor patio
dining would require a total of 12 additional parking spaces
which can be provided in a variety of ways, including adding
more spaces to the site or - reducing or eliminating uses to
offset the increase in parking demand. Another option is a
mixed-use parking reduction. The applicant suggests that a
mixed use reduction is appropriate in this case because:
-- The primary uses on the site have complementary parking
demands which result in a single parking space serving
more than one use at a time. And,
-- Ample excess parking is provided on the site now, even
with a previously approved twenty percent mixed use
reduction.
The applicant has submitted parking space availability data
(summarized on Exhibit IV) which shows that, even during peak
occupancy of the motels and restaurant, an average of about
30-40 parking spaces are still available which would more than
offset the 12 additional spaces required for the added patio
dining. This conclusion was verified by a parking survey
conducted by staff between December 15 and December 30, 1989.
During this time, both motels were 100% occupied on three days
and averaged about 50% occupancy for the period. On the days
with 100% occupancy, an average of about 30 parking spaces
were available at various times of the day (see Exhibit V,
attached) .
One of the main points of discussion and confusion when the
Planning Commission considered the appeal of the Hearing
Officer's action was that the parking summary provided for the
hearing did not accurately balance the parking required with
the parking provided. For this reason, when the Planning
Commission voted to deny the appeal, they required that a
parking and use summary be prepared which accurately portrays
all of the uses on the site and the corresponding parking
requirements. A current parking summary is attached (Exhibit
III) which lists the various uses on the site with the
corresponding parking requirements based on a tour of the site
conducted in March, 1990.
3. Appellants' Concerns -- The Hearing Officer's decision was
appealed to the Planning Commission by residents of San Luis
Drive whose properties adjoin the site to the south across San
Luis Creek. The appellants felt that the mixed use reduction
was not appropriate in this case because it would contribute
to an existing parking and traffic problem in the area, it
would allow intensification of the site which could adversely
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city of San tuts OBISpo
WMIGn COUNCIL AGENDA REPORT
A164-89
Page 5
affect the adjoining residences, and because the parking data
used to support the request was not representative of peak
parking dem4nd for the site.
The Planning Commission concluded that potential impacts from
the additional outdoor dining would be mitigated by the
location of the patio and by the restrictions recommended for
its use. They also felt that the parking data was
representative of peak demand for the site and that on street
parking was available at various times of the day and week.
The city has received two separate appeals of the Planning
Commission action. One by residents of San Luis Drive (see
statement, attached) who want to be certain that the decision
on the mixed use parking reduction is based on current,
accurate parking calculations for the site. As outlined above,
a current summary of uses and parking for the site has been
prepared and is attached as Exhibit III. The appellants are
also concerned that the owner of the Apple Farm does not own
the Trellis Court motel but has a lease option to buy the
site: The statement recommends that the patio dining next to
the Mill House be prohibited in favor of allowing patio dining
next to the restaurant.
The second appeal is by the owner of a neighboring property
at 1895 Monterey Street who states that the parking data
presented is misleading because it does not account for the
fact that employees of the Apple Farm are not allowed to park
on the site, and that if they were, it would significantly
reduce the number of vacant spaces. This issue was discussed
briefly at the Planning Commission hearing but was not
considered germane to this request because the zoning
ordinance is silent. with respect to where people park (see
Intent of Parking Space Requirements, attached) and because
the Commission felt that the issue of requiring employees to
park on site should not be decided within the context of a
specific application because such a policy or change in the
zoning ordinance would affect businesses citywide.
Currently, the Community Development Department is working on
a "Trip Reduction Ordinance", or TRO. The purpose of the
ordinance is to reduce the use of "single occupant vehicles"
by employees. Implementation of a TRO could also reduce.
employee parking demand which might be a more direct method
of addressing this issue. However, if the Council wishes to
change the parking ordinance to require employees to park on-
site, staff recommends that the matter be referred to the
Planning Department for a separate evaluation of the
consequences.
� ►►►�illllfl�pn 11pi city or san Lui s a3i spo
ONGe COUNCIL AGENDA REPORT
A164-89 -
Page 6
The appellant is also concerned that the mixed-use parking
reduction will only worsen an existing on-street parking
problem in the upper Monterey Street area (see statement,
attached) . The decision to approve the mixed use reduction
was based on the best available information about parking in
the upper Monterey Street area without doing a formal parking
study for the area. The conditions of approval allow ample
protection for the city and surrounding property owners if the
use permit is approved and an onsite or offsite parking
problem arises.
4. Alternatives -- A variety of alternatives are available to the
Council:
Twenty percent is the maximum mixed-use reduction which can
be allowed. The Council may approve a lesser reduction, with
a commensurate reduction in the area allowed for outdoor
dining, or you may uphold the appeal and deny a reduction
altogether. If the mixed-use reduction is denied, the
previously approved mixed use reduction would still be in
effect, and outdoor dining could continue on either the Mill
House patio or the restaurant patio.
Another option would be to condition the use permit to require
the Apple Farm to prepare a Trip Reduction Plan for the
employees which would promote carpools and alternate means of
reaching the site other than cars. An example of a trip
reduction plan prepared recently for new commercial center on
South Higuera Street is attached. A key part of any TRP is the
monitoring and enforcement of its requirements. If a TRP is
required, it would help monitor the parking situation on the
site. Note that Trip Reduction Plans are designed to reduce
employee trips only. The Applicant has also expressed a desire
to operate a private shuttle service to the Apple Farm, which
would reduce customer trips as well.
ALTERNATIVES
1. The Council may adopt Draft Resolution No. 1 to deny the
appeals and uphold the decision of the Planning Commission to
approve a 20 percent mixed use parking reduction based on
findings and conditions.
2. The Council may adopt Draft Resolution No. 2 to uphold the
appeals and deny the mixed use reduction. In this case, the
owner of the Apple Farm would still have permission to have
outdoor dining at either the Mill House patio or the
restaurant patio.
��� ►i�illllrill�i� �II81il city of san tuts osispo
NNAMN COUNCIL AGENDA REPORT
A164-89
Page 7
3. The Council may continue review with direction to the
appellant and staff.
RECOMMENDATION
The Council should adopt Draft Resolution No. 1 to deny the appeal
and uphold the decision of the Planning Commission to approve a 20
percent mixed use parking reduction at 2121 and 2015 Monterey
Street (The Apple Farm) .
Attachments: Draft Resolution No. 1 (deny the appeal)
Draft Resolution No. 2 (approve the appeal)
vicinity map
site plan
Exhibit I: Conditions of use permit A96-84
Exhibit II: Conditions of use permit A73-89 with
parking summary
Exhibit III: Current parking calculations for the
site, with proposed deck dining
applicant's statement
Exhibit IV: Applicant's parking data
Exhibit V: Staff parking data
appellants' statements
minutes from January 5, 1990 administrative hearing
example of a Trip Reduction Plan
section of the parking ordinance
III �� city of San IDIS OBISpo
SiS COUNCIL AGENDA REPORT
A164-89
Page 8
Actions Relating To Parking -- The Apple Farm 1984-1989
Parking Total Total
Required Parking Provided
Request Date For Use Required
20% Mixed-use reduction 11/84 N/A 146 122
for 2015 Monterey (a)
Mill House added at 2015 10/89 9 154 124
Monterey
Parking lot addition at 7/88 34 34 58
2121 Monterey (b)
Offsite parking for 2015 7/89 N/A 161(d) 170
Monterey at 2121 Monterey (c)
20$ Mixed-use reduction for 2/90 12 212 (e) 170
2015 and 2.121 Monterey, and
outdoor dining at Mill House
and restaurant patios
NOTES:
a. The Apple Farm restaurant, 65 room motel and gift shop.
Conditions of approval are attached (A96-84, Exhibit I) . Note
that the findings conclude that the times of peak parking
demand from the uses on the site will not coincide.
b. Owner of the Apple Farm obtains controlling interest in The
Franciscan Motel, now called Trellis Court; 34 rooms and
parking for 58 cars.
C. on July 7, 1989 approval granted for offsite parking for 24
additional cars on this site for use by the Apple Farm.
Conditions of approval and parking summary attached (Exhibit
II) . Note that the conditions allow the Apple Farm to provide
up to 720 square feet of outdoor dining space at either the
patio next to the Mill House ("box lunches" or "to go" food
only) or the patio next to the existing Apple Farm Restaurant.
d. Total parking required for both sites computed separately and
including previously approved mixed use reduction for 2015
Monterey Street granted in 1984.
e. Total parking for both sites computed collectively and
excluding previously approved 20% mixed-use reduction (present
application and subject of appeal) . (See Exhibit III) .
Draft REsolution No. 1
CRESOLUTION NO. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION
TO APPROVE A TWENTY PERCENT MIXED USE PARKING REDUCTION AT 2015
AND 2121 MONTEREY STREET (THE APPLE FARM)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the applicant's request A164-
90, the appellants' statements, the Planning Commission's action,
staff recommendations and reports thereon, makes the following
findings:
1. The proposed 20% parking reduction is not likely to
adversely affect the health, safety, or welfare of persons
visiting, living or working at the site or in the vicinity.
2. The proposed 20% parking reduction is appropriate because
the mix of uses on the site, namely motel and restaurant,
results in a reduced peak parking demand for each use
because a given parking space often serves patrons of both
uses.
SECTION 2. Conditions. The request for approval of a
twenty ' percent mixed use parking reduction at 2015 and 2121
Monterey Street is hereby approved, subject to the following
conditions:
1. A 20% reduction in required parking is hereby approved.
A minimum of 168 vehicle parking spaces, 8 motorcycle
spaces and 8 bicycle spaces (of which 2 spaces shall be
lockable storage lockers) shall be available at 2015 and
2121 Monterey Street at all times for employees, customers
and guests of the uses on site.
2. Outdoor dining use at 2015 Monterey Street shall be limited
to 640 square feet at the restaurant deck and 485 square
feet at the Millhouse deck, as shown on attached Exhibits
A and B.
3. The following restrictions shall apply to the Millhouse
3�
Resolution No. (1990 Series)
X164-90
Page 2
dining deck:
a. No alcoholic beverage service shall be allowed.
b. No menu food services shall be allowed. Food
service shall be "to go", "box" lunches or buffet
style only, primarily serving groups.
C. Hours of operation shall be 10:00 a.m. to 7 p.m.
d. No outdoor music, live or recorded, or
entertainment of any kind shall be allowed at any
time.
e. No cooking of food shall be done at the Millhouse.
Food warming and incidental food preparation and
serving may be allowed.
e
4 . Applicant shall submit an agreement to the city for review,
approval and recordation indicating that use of outdoor
deck dining shall cease under any one of the following
conditions:
a. when the Community Development Director determines
that available parking is insufficient for the use;
b. When the Community Development Director determines
that outdoor deck dining use is contributing to a
significant parking problem; or
C. Upon the expiration or sooner termination of the
off-site parking easement and agreement.
The applicant shall further agree to notify the Community
Development Director, in writing, if off-site parking is
not' available.
5. Use permit shall be reviewed in one year (January 1991) ,
and upon receipt of any reasonable citizen complaint, the
Community Development Director shall schedule this use
permit for review. At such review, the Director may add,
delete, or modify use permit conditions, or may revoke the
use permit. All property owners within 300 feet of the
subject property shall be given written notice of any such
review.
6. The property shall be maintained in a neat. and orderly
manner. All plant materials, building exteriors and
parking lot improvements shall be maintained, repaired or
replaced as necessary. �_/�
Resolution No. (1990 Series)
A164-90
Page 3
7. Approval of this use permit supersedes use permit A96-84.
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 , 1990.
f
Mayor
ATTEST:
City Clerk
APPROVED:
Resolution No. (1990 Series)
A164-90
Page 4
C inistrative Officer
G�Ayr/pfor ey
Community Development Director
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Draft REsolution No. 2
RESOLUTION NO. (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN APPEAL OF THE PLANNING
COMMISSION'S ACTION DENYING A TWENTY PERCENT MIXED USE PARKING
REDUCTION AT 2015 AND 2121 MONTEREY STREET (THE APPLE FARM)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the applicant's request A164-
90, the appellants' statements, and the Planning Commission's
action, staff recommendations and reports thereon, makes the
following finding:
1. The proposed twenty percent mixed use reduction is not
appropriate at the proposed location and will have an
adverse impact ' on persons living and working in the
vicinity.
SECTION 2. The proposed twenty percent mixed use parking
reduction at 2015 and 2,121 Monterey Street, A164-90, is hereby
denied.
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 1989.
Mayor
3-
Resolution No. (1990 Series)
A164-90
. Page 2
ATTEST:
City Clerk
APPROVED:
City A ministrative Officer
CA t ne
Community Develo e t Director
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hn lemur 21 . lah.. Exhibit 1
Greg Wllhela. AIA
:.an Luis Oblspn. CA 914Lo1
SuhJECT: Use Permit ppl. A 96-64 i
2015 Mont et STrset 1
Uaar Mr. Wilhelm:
On Friday. Nov*-bar 2. 1964. I conducted a public hearing an yrmr request t--
allow a 202 reduction in required parking .for mixed uses: to allow off-611v 1
Parking at .2001 Mnaterey Street: to allow a tampotary construttlon troller: and ,
to allow a temporary parking !at atthe subject location.
After reviewing the Information presented, I took this Item under submission_
On November 13. 1964. 1 approved your request, based an the following ftndlnAa
and subject totne following conditions:
Pindinx■ 5
1. The proposed project and requested exception• to development standards wt!l
not be detrimental to the health, safety, and welfare of persons livins nr
working at the site or In the vicinity.
2. The times of peak parking demand for existing and proposed uses will not
coincide.
). A parking roducti•in will allow sore attractive and efficient develorment of
the alto than would otherwise be possible under cor.ventlnnal standards.
4. The proposed off-site parking is wtthin 300-feet of the uses served and
allows for safe and convenient pedestrian access.
). The area of proposed off-site parking is under the exclusive control of the
i
2414 Monterey Street property owner pursuant to a Grant of Exclusive Casement j
and Agreement dated October 1. 1964, and recorded in Book 2641, Page 711. 1)
In the County of San Luis Obispo. i
Conditions
1 . A minimum of 122 vehicle parking spaces shall be available at sli times
for the restaurant, motel, outdoor dining area, and gift %hop uses. A minimum
of 111 spaces shall be located on-alto at 2015 fbnterey Street. Eleven
additional vehicle parking spaces may he located off-site as 2001 Moate:ey
Street.
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2015 Nunterey Street
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{ 2. The 20% parking reduction 18 approved, but ,.nnditlnned uIpan the availabillly ;
(! of adequate parking. Use peratt *ball he reviewed to one year atter 4
! Couplet'" of the protect. In review of the use permit . conditions may be t
added, deleted, or modified.
1. Applicant shall submit an agreement to the city for approval and recordalton
Indicating that mss of outdoor deck dining shai, tease under any one of the
following conditions When the Community Development Director detersines that i
available parking is Insufficient for the use; when th. Community Development
Director deterafnes that outdoor deck dining use Is cnittributing to a significant:
Parking problem; or upon the expiration or sooner termination of the off-site
Parking essosont and agreement. The applicant shall further agree to notify
the Covuuity Development Director in writing if off-site parking Is not
available.
s. At all times during construction, a minimum of 63 vehicle parking spaces
Shall be available for restaurant use. Parking lot Improvements Bar be
temporary. After'Noveaber 11, 1985, permanent parking lot tmprdvements.
including paring, atripiBg avid landscaping shall be installed, to the amt e-
faction of the Community Development Director.
S. APPIIC8Bt. Shall repair and/or replace street frontage Improvements including
driveway ramp, sidewalk, curb mad gutter. to the approval of the Public tions
Department staff.
6. Applicant shall lastall two fire
hydrants and a standpipe/hose connection
on-site, to the approval of the lire Marshal.
7. Applicant shall post s cash surety in an amount to be diterained by the
Comenelty Devel4pmest Director, mad enter tete an agreement with the city
to gtlareste4 the preservotioa of tr966 to roams os-site. Agreement shall be
to the approval of the Coosamity bsvelopment Director.
g. Applicant shall provide so ladependent. professional cultural resource site
Survey prier to t:ewaeaCgmest of grading. If evidence of cultural resources
are found or deteraimed likely to be found, grading shall cease lmeediately
mad all reasonable and feasible aeasum shall be taken to Protect and pre- i
serve cultural resources. to the gatlsfaction of the Community Development
Director.
9. The property shall be Saiatalmed IS a clean and orderly manner. All plant
materials shall be Salstaiaed and replaced as necessary.
Ib decision is fled 901486 appealed to the Planning Commission by November 70.
1966. An appeal Say be tiled by any parson aggrieved by the decision.
If you have any questions, planes call Jeff Book at 549-7176.
Sincerely,
Ken Drece l
Nearing Officer
cc: Bob Doris
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aMING- 0
990 Palm Street/Post Office Box 8100 *San Luis Obispo,CA 93403.8100
July 7, 1989 Exhibit 11
M. Robert Davis
2015 Monterey Street
San Luis Obispo, CA 93401
SUBJECT: Use Permit AppA 73-89
2121 Monterey Stree
Dear Mr. Davis:
On Friday, June 23, 1989, I conducted a public hearing on your
request to allow off-site parking at 2121 Monterey Street for uses at
2015 Monterey Street.
After reviewing the information presented, I took this item under
submission.
On Thursday, July 6, 1989, I approved your request, based on the
following findings and subject to the following conditions:
Findings
1. The proposed off-site parking will not adversely affect the
health, safety and welfare of persons residing or working on the
site or in the vicinity. ..
2. The uses are appropriate at the proposed location and will be
compatible with surrounding land uses.
3 . The proposed uses conform to the general plan and meets zoning
ordinance requirements.
4 . The proposed off-site parking is exempt from environmental
review.
5. The proposed off-site parking is within 300 feet of the uses
served, and allows for safe and convenient pedestrian access.
6. The site of the proposed off-site parking is controlled by the
same owner as the other uses served.
U
Mr. M. Robert Davis
July 7, 1989
Page 2
Conditions
1. At least 58 vehicle parking spaces shall be available at 2121
Monterey Street for the proposed uses. Of these, at least 34
spaces shall be maintained for the exclusive use of motel guests
at 212.1 Monterey Street, 12 spaces shall be available for the
exclusive use of employees, customers or guests of the Apple Farm
Inn and Restaurant and related uses at 2015 Monterey Street.
Twelve additional parking spaces at 2121 Monterey Street may be
used as offsite parking to serve additional uses at 2015 Monterey
Street.
2. Applicant shall enter into an agreement with the City to
guarantee that said parking shall be available in perpetuity, and
that if offsite parking becomes unavailable for any reason, the
parking required for uses at 2015 Monterey Street shall otherwise
be provided to meet city standards, or the uses modified so that
parking requirements are met on site. The applicant shall agree
to notify the Community Development Director in writing if the
off-site parking is not available. Said agreement shall be
recorded and shall run with the land and uses..
3 . Due to limited parking available, outdoor dining use at 2015
Monterey Street shall be limited to 720 lsquare feet of gross
floor area at either the millhouse dining deck or the restaurant '.
dining deck, but not both.
4 . If the millhouse dining deck is used, the following restrictions
shall apply:
a. No alcoholic beverage service shall be allowed:
b. No menu food services shall be allowed. Food service
shall be "to go°, "box" lunches or buffet style only,
primarily serving groups.
C. Hours of operation shall be 7:30 a.m. to 7:00 p.m.
d. No outdoor music, live or recorded, or entertainment shall
be allowed at any time.
e. No cooking of food shall be done at the Millhouse. Food
warming and incidental food preparation and serving may be
allowed.
CMr. M. Robert Davis
July 7, 1989
Page 3
S. Upon receipt of any reasonable citizen complaint, the Community
Development Director shall schedule this use permit for review.
At such review, the Director may add, delete, or modify use
permit conditions, or may revoke the use permit. All property
owners within 300 feet of the subject property shall be given
written notice of any such review.
6. The property shall be maintained in a neat and orderly manner.
All plant materials, building exteriors and parking lot
improvements shall be maintained, repaired or replaced as
necessary.
My decision is final unless appealed to the Planning Commission
within ten days of the action. An appeal may befiled by any person
aggrieved by the decision.
If the use or structure authorized by this use permit is not
established within oneyear of the date of approval or such longer
time as may be stipulated as .a condition of approval, the use permit
shall expire. See Municipal Code Section 17.58.070.D. for possible
renewal.
If you have any questions, please call Jeff Hook at 549-7176.
Sincerely,
6
Ken Bruce
Hearing officer
bee:ds/misc:a73-89
cc: San Luis Drive Neighbors
3
Parking And Use Summary For
Previously Approved Offsite Parking A73-89
Project Name Apple Farm/Teel I is Court File Number A73-89
Project Address 21.21 and 2015 Monterey Street Plans Dated
Calcs Prepared by DM Date 2/6/90 Zone C-T-S Parking Provided 168
USE: AREA: RATE: SPACES REQUIRED:
The Apple Farm (2015 Monterey)
Motel , Restaurant Parking -required
and Gift Shop per Use Permit A96-89: 122
•
Proposed Uses (2121 Monterey)
Trellis Court 34 rooms 1 space/room 34
Banquet Room 317 sq.ft. 1 space/60 sq.ft. 5
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TOTALS: 161
COMMENTS:
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Applicant's Statement
The full parking requirement for all proposed uses that were
not in operation when the parking survey was taken July 21-27
(Exhibit M including deck dining, patio dining and the con-
ference room total 25 spaces with no reductions. The only time
we had this few free spaces was 9:00 PH Sunday when the lower
.patio could not be in use by terms of our agreement and use of
the conference room would be unlikely.
We are also taking other measures that are not motivated by
a shortage of parking, but will have the effect of reducing our
parking requirements.
I . We are now taking reservations for the restaurant at all
times and are currently advertising this fact vigorously
(Exhibit E). This should reduce the number of people
waiting which will free up spaces.
2. We have purchased three 14 passenger shuttle buses which
are being renovated for service beginning the first of the
year. The primary purpose is to offer frequent free
shuttle service to Cal Poly. This should reduce trips and
encourage off peak use of our facilities. The shuttles
will be available top
ick up largeparties at private
homes for special dinner celebrations. We are considering
providing free transportation for residence complexes like
Judson Terrace, Las Brisas, mobile home parks and
condominiums on a regular basis for a special night out
for elders without transportation. Transportation to
other motels is also possible. We believe that the use of
these buses will enable us to expand the use of our
facilities without increasing the parking 'requirement.
We are confident that the surveys taken by the staff will be
consistent with our own and will show that more than adequate
parking exists to support the proposed uses. However, we remain
willing to sign a document that states we will reduce uses if a
problem develops. Since we are not asking for any treatment that
Is not allowed by code, I believe we should be allowed the oppor-
tunity to fully utilize our facilities and solve problems if they
occur rather than preventing the full use based on a conjecture
that some problem might arise. This proposition especially has
merit, since the adequacy of parking has been shown to be
adequate and since activities can be curtailed if parking becomes
a problem.
a-3
q
APPLE FARM
Appendix to Application
Mixed Use Parking Reduction
I believe the following tabulation of total parking re—
quired and provided for parcels 1 & 2 CSee Exhibit A) is a
clear way of analyzing the entire Apple Farm complex:
Apple Farm Parcel 1 6 2
Parking Summary
11/25/89
REQUIRED:
New Uses
Deck Dining:
Customer Use 640 @ 60 10.7
Food Prep 160 @ 100 1 .6
Lower Patio Dining:
Customer Use 485 @ 60 8. 1
OTrellis Court
Rooms 34 @ 1 34
Conference 300 @ 60 5
59.4
Total Required 59
Mixed Use Reduction (20%) 12
Net Required 47
Old Uses
Restaurant, Gift Shop, Inn and Millhouse
(Agreement of 5/9/88 -less 1 space -fer room '=Z
-converted to. office. _
Total Required 168
PROVIDED:
Parcel 1 58
Parcel 2 110
168
�-3S
TII•]E
DAY
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rn
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Exhibit IV
APPLE FARM PARKING SURVEY
JULY 21-27, 1989
DAY TIME FREE SPACES WAITING/GIFT ROOMS OCCU" ' "
MAIN BLDG
FRI 7: 00 PH 40 107
8 : 00 PH 69100
9: 00 PH 59 81 100
11 : 00 PH 77 38 100
0 100
SAT 9:00 AH 34. 88100
i
10:00 AH 53
56
12:00 PH 70 100 i
1 :00 PH 67 60 100
74 100
4: 00 PH 98
6:00 PH56 21 100
8:00 PH 38
58 100
77 100
SUN 11 :00 AH 38• 98
12:00 PH 36• 100
1:00 PH 62 126 100
7:00 PH _ 65' S792
9:00 PH '25 , 71 92
86 92
' TUE 12:30 PH 72• 17
100 �
THR 8:00 PH 99. .16
lOG
1
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Exhibit V
APPLE FARM PARKING SURVEY
DECEMBER 15-30, 1989
FREE
DAY TIME SPACES OCCUPANCY
(OUT OF 100 ROOMS)
WED 11:00 AM 23
12/13 1:00 PM 93
4:30 PM 108
7:30 PM 54
THU 11:00 AM 43
12/14 1:00 PM 64
4:30 PM 111
7:30 PM 27
FPJ 11:00 AM 65
12/15 1:00 PM 87
4:30 PM 121
7:30 PM 44
MON 11:00 AM 73 42
12/18 1:00 PM 80
4:30 PM 99
7:30 PM 37
TUE 11:00 AM 56 56
12/19 1:00 PM 94
4:30 PM 72
7.30 PM 63
WED 11:00 AM 67 58 /
12/20 1:00 PM 76
4:30 PM 103
7:30 PM 92
THU 11:00 AM 89 S6
12/21 1:00 PM 110 �
4:30 PM 98
7:30 PM 102
TUE 11:00 AM 24 100
12/26 1:00 PM 44
4:30 PM 38
7:30 PM 27
WED 11:00 AM 22 100
12/17 1:00 PM 36
4:30 PM 28
7,30 PM 33
THU 11:00 AM 44 99
12/28 1:00 PM 21
3
San L \ s Drive Appellant St. .ament
San Luis Drive Residence
C % 1950. San Luis. Drive
San Luis Obispo, CA 93401
March 23 , 1990
City Councilmembers
990 Palm Street
San Luis Obispo, CA 93401
Dear Councilmembers;
We, the undersigned, are hereby appealing the Planning
Commission decision of March 14 , 1990 which upholds use
Permit A 164-89. This mixed use reduction of parking to
allow additional deck dining on the site needs your review,
considering these facts:
1. Inaccurate parking calculations were presented to
both the Zoning Hearing Officer and the Planning
Commissioners. We request that accurate parking
calcullations be submitted to you which conform to the
City Parking Ordinance, allowing for no discretionary
alterations.
2 The applicant does not own the parcel at 2121
Monterey St. which he intends to combine with his own
parcel at 2015 Monterey, though he does hold a lease
option to buy. A lease/ option on the adjacent parcel
should not be considered a viable option.
This project sets a precedent for development in this highly
competitive commercial tourist area. ,If concessions are
granted to this project, you must be prepared for the
consequences of granting the same for all.
Our goal is not to deny the applicant his right to earn a
profit but to limit the activities to those areas which have
the least impact on the R-1 homes adjoining the project.
Therefore, we propose that the Mill House dining patio,
which has not been fully utilized to date, be sacrificed in
favor of. the restaurant deck dining.
Since this is a matter of grave concern to several of the
undersigned we request that this come before the council at
your earliest convenience, with the exception of Tuesday,
April 9th and Tuesday April 23, 1990.
Thank you for your consideration.
Sincerely yours, R ECC E R V E
MAR 2 .1 1990
• -cL/ cm CLERK
J SAA LUIS OBIS'PO.CA
Amcill✓a Aa(
1895 Mor0erey Street Appellant, -Statement
LAW OFFICES I
MILLER & WALTER
PETER C.MILLER' A Pennef,hip Including Ptolessionei Corporenons Cable Address
WILLIAM S.WALTER* PROPIAw
JEFFREY EHRUCH 679 MONTEREY STREET --'
MORA QUINN SAN LUIS OBISPO.CALIFORNIA 93401
Telefes
•Professional Corporation TELEPHONE(805)541-6601 (605)5415766
March 23, 1990
To the City Council
of the City of San Luis Obispo
990 Palm Street
San Luis Obispo, California 93403
Re: Appeal by Robert Binkele of March 14, 1990
Decision by City Planning Department on .
File No. A164-89
STATEMENT OF APPEAL BY APPELLANT ROBERT BINRELE
Appellant Robert Binkele respectfully appeals the March
14 , 1990 decision of the City Planning Commission regarding file
No. A164-89 , a use permit permitting a 20% mixed use parking
reduction at 2015 and 2121 Monterey Street (the Apple Farm) .
Appellant Binkele owns and operates a motel and coffee shop '
located at 1895 Monterey Street in San. Luis Obispo. J1
The basis for this appeal is twofold:
1. Condition 1 of the Planning Commission's decision
4 is requires the Applicant to provide a minimum of 168 vehicle
parking spaces, 8 motorcycle spaces, and 8 bicycle spaces at all ,
times for "employees, customers and guests" of the uses on site.
The Commission found, based upon parking studies
conducted by the Applicant, and the planning staff, that this
number would be sufficient, based upon a current excess of
parking spaces on site. However, Appellant believes, based upon
discussions with employees of the Apple Pan, that it is Apple Pan
policy not to permit its employees to park on site.. Hence, the
parking studies relied upon actually understate the current
availability of on-site parking. If the Applicant is required to
comply with the mandate of condition 1 and permit its employees
to park on site, then there will not be adequate parking for
customers and guests.
2. Appellant is concerned that approval of the
Application will exacerbate existing parking problems in the
upper Monterey Street area.. The Staff Report to the Planning
Commission acknowledges at p. 3 that "On-street parking is
heavily used in the area, although surveyd' by staff indicate on-
street parking is available along Monterey Street at a variety of
a2-�o
City Council of City of San Luis Obispo
March 23 , 1990
page 2
times during the day and week." What is admitted, but unsaid, is
that on-street parking is unavailable along Monterey Street at
other times during the day and week.
It is Appellant's experience that on-street parking on
upper Monterey Street is often unavailable, and is almost always
difficult to locate.
The parking situation has become severe enough that the
City has sent correspondence to the Appellant indicating that it
was considering putting parking meters along Monterey Street.
The staff report appears to understate the current parking
problems.
The expansion of Applicant's business cannot have any
effect other than to worsen the current situation. If parking is
restricted along Monterey Street, oris unavailable, then
customers and employees will begin to park along residential side
streets. As this occurs, neighborhood groups will protest, and
ultimately the City will enact a restrictive ordinance regarding
on-site parking that will limit other businesses along upper
Monterey Street from expanding in the same manner- as the
Applicant.
This scenario has already played out in a similar
context. The Applicant was permitted to.expand its operation to
build a building along San Luis creek. The increased use
prompted neighborhood groups to protest, and ultimately resulted
in a rezoning of the area along the creek to "Open Space. " As a
result, Appellant, who also operates a motel and coffee shop, is
prohibited from expanding his businesses a manner similar to the
Apple Farm's expansion.
Unless the City is prepared to grant similar
applications from other businesses along Monterey Street in the
future, fairness requires that the Application should be denied.
Dated: March 23 , 1990 Respectfully submitted,
MILLER & WALTER
By Or
eff y Ehrlich
Atto net's for Robert Binkele
-"►
ADMINISTRATIVE HEARING - MINUTES
FRIDAY JANUARY 51 1990
2015 and .212.1 Monterey Street. Use Permit Appl. A 164-89; Request
to allow 20% .parking reduction based on mixed
use; C-T-S zone; Apple Farm Restaurant,
applicant. (Continued from December 15, 1989)
Dave Moran presented the staff report. He explained that the
Zoning Regulations allow for a maximum 20% reduction in the
required parking for a site, when it can be demonstrated that the
uses on the site have peak parking demand characteristics that
don't overlap. In this particular case, he noted, the request is
being made to allow dining on the deck next to the Apple Farm
Restaurant. This request is being justified by the fact that often
people who stay at the motel, eat at the restaurant and are patrons
of the other uses on the site. Therefore, one parking space would
serve more than one use on the site.
Mr. Moran then explained that a parking survey for the site during
peak hours of the motel and restaurant has been submitted by the
applicant, showing that there is parking available even during peak
hours of operation. To verify this information, the Community
Development Department also did a parking survey of the site and
came to the identical conclusion. He further noted that even
during loot occupancy of both motels and during peak hours at the
restaurant, there are still many vacant parking spaces. Based on
this date, Mr. Moran recommended that the reduction request be
approved, based on findings and subject to conditions which he
outlined.
The public hearing was opened.
Bob Davis, applicant, spoke .in support of the request. He had no
problems with the staff-recommended conditions.
Bonnie Garritano, 1950 San Luis Drive, wondered if the city was
comfortable with the reduced parking, and asked about a previous
request for reduced parking for the Hillhouse. Bob Davis explained
that the motel, the Hillhouse and restaurant are all on one site.
Ken Bruce noted that this approval would supersede the previous
approval; that this request is for a larger percentage of reduction
than the previous request. He explained the request is to allow
outside dining at the restaurant. The total parking requirement
for the site is 212; so they are asking for 20% off of that amount.
The public hearing was closed.
Ken Bruce took this item under submission. He explained that this
means he has an addition 10 days to render a decision. He further
explained that he felt uncomfortable with the request and felt that
a parking problem could result if the reduction were granted.
3s
J
Page 2
On January 15, 1990, Ken Bruce approved. the request, based on the
following findings and subject to the following conditions:
Findings
1. The proposed 20% parking reduction is not likely to adversely
affect the _health, safety, or welfare of persons visiting,
living or working at the site or in the vicinity.
2. The proposed 20% parking reduction is appropriate because the
mix of uses on the site, namely motel and restaurant, results
in a reduced peak parking demand for each use because a given
Parking space often serves patrons of both uses. .
Conditions
1. A 20% reduction in required parking is hereby approved. A
minimum of 168 vehicle parking spaces, 8 motorcycle spaces and
8 bicycle spaces (of which 2 spaces shall be lockable storage
lockers) shall be available at 2015 and 2121 .Monterey Street
at all times for employees, customers and guests of the uses
on site.
2. Outdoor dining use at 2015 Monterey Street shall be limited
to 640 square feet at the restaurant deck and 485 square feet
at the Millhouse deck, as shown on attached Exhibits A and B.
3. The following restrictions shall apply to the Millhouse dining
deck:
a. No alcoholic beverage service shall be allowed.
b. No menu food services shall be allowed. Food service
shall be "to go", "box" lunches or buffet style only,
primarily serving groups.
C. Hours of operation shall be 7:30 a.m. to 7 p.m.
d. No outdoor music, live or recorded, or entertainment of
any kind shall be allowed at any time.
e. No cooking of food shall be done at the Millhouse. Food
warming and incidental food preparation and serving may
be allowed.
4. Applicant shall submit an agreement to the city for review,
approval and recordation indicating that use of outdoor deck
dining shall cease under any one of the following conditions:
a. When the Community Development Director determines that
available parking is insufficient for the use;
�
3
3-
Page 3
b. When the Community Development Director determines that
outdoor deck dining use is contributing to a significant
parking problem; or
C. Upon the expiration or sooner termination of the off-
site parking easement and agreement.
The applicant shall further agree to notify the Community
Development Director, in writing, if off-site parking is not
available.
5. Use permit shall be reviewed in one year (January 1991) , and
upon receipt of any reasonable citizen complaint, the
Community Development Director shall schedule this use permit
for review. At such review, the Director may add, delete, or
modify use permit conditions, or may revoke the use permit.
All property owners within 300 feet of the subject property
shall be given written notice of any such review.
6. The property shall be maintained in a neat and orderly manner.
All plant materials, building exteriors and parking lot
improvements shall be maintained, repaired or replaced as
necessary.
CI-�y
VEHICLE TRIP REDUCTION PLAN Nnv 2 : T9
TRACT 1673, A COMMERCIAL CONDOMINIUM AT s_,L,,,,OWW
3440 SOUTH HICUERA STREET
SAN LUIS OBISPO, CALIFORNIA
1. Requirement
The preparation of this plan was required by the City of San Luis Obispo as a
condition of approval of Use Permit 1430 for a commercial condominium
subdivision (Tract 1673) at 3440 South Higuera Street.
2• Obiective
The objectives of this plan are to:
A. Reduce the number of job-related automobile trips associated with commercial
use of this site.
B. Encourage site employees to use alternative forms of transportation, such as
bicycles, transit and walking, or to carpool.
C. Incrementally improve air quality through the reduction of automobile use.
D. Focus the responsibility for implementing this plan on an individual — the
vehicle trip reduction 'Plan Coordinator."
3. Vehicle Trio Reduction 'Plan oordinstoe
A. The 'Plan Coordinator" shall be the President of the Property Owners
Association for Tract 1673.
B. Upon formation of the Property Owners Association, the association shall
inform the Community Development Director in writing of the name of the
association's president, the association's legal name and mailing address. This
written notice shall initially be furnished within 60 days of the city's issuance of
the first certificate of occupancy for a tenant or owner within Tract 1673 and
thereafter on an annual basis.
C Until such time as a Property Owners Association is formed, the Plan
Coordinator shall be:
Mr. John Kuden
P.O. Box 3605
San Luis Obispo, CA 93403
i
4• Plan Implementation
The Following measures shall be implemented, directed and maintained by the
Plan Coordinator.
A. Posting of Information In a prominent on-site location approved by the
Community Development Director, install and maintain a permanent, protected
lockable display case containing up to date information concerning transit
schedules and route maps, transit pass information, bike route maps, ride sharing
information and computer ride matching services, and other information promoting
alternative methods of transportation.
The City of San Luis Obispo shall, upon request, make available to Plan
Coordinator all information concerning city-sponsored, transportation programs.
The Plan Coordinator will be responsible for securing pertinent information (eg. .
regional transit routes, ridesharing information) from county and regional agencies.
B. Dissemination of Information Disseminate annually, information on trip
reduction, ridesharing, transit, etc provided, upon request, by the city and
county/regional agencies to each employer in the complex.
The Plan Coordinator shall request that each employer distribute information to
every new employee during the person's first week of employment.
C. Secured Bicvsle Parking Facilities Install secured bicycle parking facilities on
site for the use of project employees at no charge. The location and design of
bicycle parking facilities shall be incorporated into the construction plans and
specifications for the project, location to the approval of the Community
Development Director. The Plan Coordinator shall ensure the maintenance and
management of the use of all on-site bicycle parking facilities.
D. Transit Subsidies. Each employer will inform all employees that monthly city,
regional or joint city/regional transit passes are available at reduced cost, made
possible by employer subsidies.
Upon presentation of a receipt for a monthly city, regional.or joint dry/regional
bus pass, employers shall reimburse employees for 50% of the cost of monthly bus
passes.
E. Annual Survey_ Respond to City of San Luis Obispo annual survey to
determine the number of employees on site, their employers, home addresses,
primary means of transportation to work, and compliance with provisions of this
plan.
4. Enforcement of Plan Provisions
To assure the cooperation of each on-site employer or space owner in the
implementation, maintenance, and operation of Tract 1673 Vehicle Trip Reduction
IF
Plan, the subdivider and the Property Owners Association shall incorporate
language requiring such cooperation in the Tract 1673 codes, covenants,
restrictions, and association by-laws.
S. Relationship to City-Wide Trip Reduction Program
Upon adoption of Trip Reduction Regulations by the City of San Luis Obispo,
this vehicle trip reduction plan shall be reviewed and amended/superseded as
necessary to be consistent with the city-wide program-
6. Effective Date
This vehicle trip reduction plan for Tract 1673 shall become effective and shall
become the responsibility of the Plan Coordinator to effect, monitor, and enforce
60 days after the, issuance of the first certificate of occupancy for an individual
tenant or owner within this minor complex.
APPROVED TO FORM AND CONTENT.
Ran-di Rossi, Interim Community Date
Development Director
�i- 17 -
Jo Kuden, Subdivider, Tract 1673 Date
3 South Higuera Street,
San Luis Obispo, California
�- '7
Commercial and governmental agency antennae may the operating times of the concerned uses and where the j
exceed the height limits for the zone in which they are concerned parties have-adequate recorded agreement
located if such an exception is approved by the director. governing the joint parking.
Any other exception to the height limits requires ap- D.Requirements by Type of Use. Except as otherwise
provaI of a variance as provided in Chapter 17.60. provided in these regulations,for every structure erected
or enlarged and for any land or structure devoted to a
For height limits Of signs,see Chapter 15.40.Sign Regu- new use requiring more spaces aceordingto theschedule
lations. (Ord. 1085- 1 Ex.A(part), 1987;Ord. 1006- 1 set out in this subsection,there shall be provided the
minimum num
(pan), 1984; Ord. 941 - 1 (pan), 1982: prior code -
indicated on the site of the a foft-street parkingspaces
9202.5(E))
17.16.050 Fences,walls and hedges. The right tooccupyanduse any premises shall becontin-
gent on maintaining the required parking. In no case
Fences,walls or hedges maybe placed within required may required parkingspaces fora use be rented or leased
yards,provided: to oft-site uses or used for other purposes.
he gross
A The maximum height in any street yard shall be as 1. a area ofpar ingireequifement is based on use, nless stated oth terwtse
rd shall be six floor
shown in Figure 9;
uired parking results in a
B.'Me maximum height in any other yafra�onalnumber'itshall berounded tothe next highest
feet; whole number if the fraction is one-half or more;other-
C.Where fences or walls are located on retaining walls, wise it shall be rounded down to the next lowest whole
the height of the retaining wall shall be considered as number.
part of the overall height of the fence or wall;
Parking in addition to these requirements may be re- i
D.The director may grant exceptions to these standards quired as a condition of use permit approval.
by approving an administrative use permit subject to a
finding that no public purpose would be served by strict For residential uses,when parking spaces are identified
compliance with these standards. (Ord.1006- 1 (part), for the exclusive use of occupantsora designated dwell
1984;Ord.941 -1 (part), 1982: prior code-9202.5(F)) ing,required spaces may be arranged in tandem(that is,
one space behind the other)subject to approval of the
17.16.060 Parkingspacerequirements.
community development director.
A Intent.This section is intended to ensure provision of Housing occupied exclusively by persons aged sixty-two
adequate off-street parking, considering the demands or older may provide one-half space per unit or one
likely to result from various uses,combinations of uses, space per four occupants of a group quarters.
and settings. It is the citys intent,where possible, to
consolidate parking and to minimize the area devoted
exclusively to parking and drives when typical demands
may be satisfied more efficiently by shared facilities.
B. Mixed Uses. Where more than one type of use is
located on a lot orwithin a project with common parking
areas,the parking requirements for individual uses as
provided in subsection D of this section,except that by
approval of an administrative use permit the director
may reduce the total parkingspace requirement by up to
twenty percent when the times of maximum parking
demand from various uses will not coincide.
C. Joint Use. For separate parols or independently
planned projects, the director may, by approving an
administrative use permit,authorize joint use of parking
spaces when he determines there is limited conflict in
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