HomeMy WebLinkAboutItem 1 - APPL-0323-2019 (1308 Monterey)Meeting Date: July 10, 2019
Item Number: #1
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PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of an appeal of the Administrative Hearing Officer’s decision to approve an
application to allow hours of operation for a restaurant use within a mixed-use development to extend to
10:00 PM. The project is categorically exempt from environmental review.
PROJECT ADDRESS: 1308 Monterey Street BY: Kyle Bell, Associate Planner
Phone Number: (805) 781-7524
E-mail: kbell@slocity.org
FILE NUMBER: APPL-0323-2019 (DIR-4082-2016) FROM: Shawna Scott, Senior Planner
RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) denying the appeal and upholding
the Administrative Hearing Officer’s decision to approve the hours of operation for multiple commercial
and office tenant spaces within an existing mixed-use development.
SITE DATA
Appellant Mark Henry
Appeal Date May 20, 2019
General Plan General Retail
Zoning Commercial Retail (C-R)
Site Area ~12,799 square feet
Environmental
Status
Categorically exempt from
environmental review under CEQA
Guidelines section 15301 (Existing
Facilities)
1.0 BACKGROUND
The applicant, George Garcia, submitted an application on November 3, 2016 to extend hours of
operation for commercial activities within the existing mixed-use project known as The Mix at Monterey
from 8:00 AM to 11:00 PM. The application is subject to the 2015 Zoning Regulations, which established
limitations on commercial activities within mixed-use projects between the hours of 7:00 AM to 6:00 PM.
The application was submitted in response to an active code violation for noise and unpermitted
construction of rooftop equipment. The project application was placed on hold, by request from the
residents of the mixed-use development, and agreed to by the applicant, from December 19, 2016 to
March 4, 2019, to allow the applicant time to address code violations related to noise emitted from the
unpermitted rooftop equipment (commercial kitchen exhaust fans). At this time, all rooftop mounted
equipment has been permitted (EPM-5950-2016). The noise violation associated with the rooftop
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equipment is still active, the applicant applied for a permit to construct an acoustical shroud around the
exhaust fans to reduce the noise exposure, while the shroud has been i nstalled an additional noise
assessment will be required to determine compliance prior to closing the noise violation (CODE-000145-
2017).
The applicant’s proposal includes a request to adjust hours of operation for commercial uses associated
with the mixed-use project between the hours of 8:00 AM to 11:00 PM, where 8:00 AM to 6:00 PM is
normally allowed1 (the 2018 Zoning Regulations implemented on October 19, 2018, established hours
of operation for mixed use projects between 7:00 AM to 8:00 PM). The hours of operation are defined as
the time that customers or clients are present. The Noise Element of the General Plan sets noise exposure
standards for noise-sensitive land uses, and performance standards for new commercial uses. Residences
are considered a noise-sensitive land use and have specific thresholds for exposure. For reference, the
maximum hourly interior noise exposure for a residence is 50 decibels between the hours of 7:00 AM
and 10:00 PM (day) and 45 decibels from 10:00 PM to 7:00 AM (night).
A Director’s Action Permit is required to establish operations outside of the allowed hours for mixed-
use projects to ensure that commercial uses will not negatively impact the residential uses within the
project. At the discretion of the Director, a Director’s Action Permit may be elevated to a Director’s
Hearing. The Director elevated the review given the active code violations related to noise generated by
the commercial operations on the site.
Administrative Hearing Officer Decision
On May 13, 2019, the Administrative Hearing Officer reviewed the proposed request for extended hours
of operation from 8:00 AM to 11:00 PM and established a condition on the property that restricted all
commercial activity to 8:00 AM to 8:00 PM on the second floor, and 8:00 AM to 9:00 PM for all commercial
activity on the ground floor, until all active noise violations are resolved (Condition No. 3). However,
the condition does allow the extension of hours of operation to 10:00 PM only for Suite 140 (Taqueria de
Santa Cruz), once all noise violations are resolved.
The Administrative Hearing Officer restricted the applicant’s request for the extended hours to 11:00 PM
Thursday through Saturday for Suite 140. Once the noise violations are resolved, the Hearing Officer
determined 10:00 PM as the appropriate limitation to hours of operation consistent with specific
thresholds established within the Noise Ordinance for noise-sensitive uses, and noise levels created by
the uses during business hours shall be within allowable limits as described in the Municipal Code.
2.0 COMMISSION’S PURVIEW
The Planning Commission’s role is to determine if hours of operation for the restaurant are appropriate
within the Mixed-Use Development in terms of its consistency with the City General Plan and Zoning
Regulations, and other applicable policy documents. The Planning commission is being asked to review the
proposed hours of operation, the concerns of the appeal, and provide a final determination regarding the
restaurant’s hours of operation.
1 2015 Zoning Regulations Section 17.08.072.E(3). Hours of Operation. A mixed-use project proposing a commercial
component that will operate outside of the hours from 8:00 a.m. to 6:00 p.m. shall require the Director's approval to
ensure that the commercial use will not negatively impact the residential uses within the project.
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3.0 APPEAL EVALUATION
On May 20, 2019, Mark Henry, on behalf of the residents at 1308 Monterey Street, filed an appeal of
the Administrative Hearing Officer’s decision to approve the extended hours specifically for the
Taqueria de Santa Cruz to 10:00 PM. The appeal letter expresses that the residents are agreeable to all of
the other operating hours established at the Director’s Hearing. The appeal letter expresses concerns
against granting the 10:00 PM extension and requests that the Taqueria be limited to the same hours as
the other restaurants, 9:00 PM. The appeal letter highlights two areas of concerns regarding impacts from
noise, summarized below:
1) Negative Impacts of Equipment Noise. The rooftop mounted equipment (exhaust fans), which
have been documented as a violation of the City’s Noise Ordinance, operate during all hours of
operation each day of the week. While noise compliance efforts are underway through the active
code violation case, there are remaining concerns that the noise and vibrations from the fans are
considered a negative impact on the residents in the early mornings and late evenings.
2) Negative Impacts of Exterior Activities. Typically, after closing time noise has been observed to
continue; lingering customers; car doors slamming and revving engines; noise from closing
activities such as moving furniture and trash containers, etc. The concern is that these activities
continue the noise impacts on the residents an hour after the established closing time.
In summary, the appeal letter expresses concerns related to the definition of commercial activity and
advocates that mechanical equipment and exterior activities should be considered when establishing the
hours of operation, suggesting 9:00 PM as the latest hours for operation.
Staff Response
The Noise Element of the General Plan sets noise exposure standards for noise -sensitive land uses, and
performance standards for new commercial uses, with a threshold that is more restrictive in the evening
hours between 10:00 PM to 7:00 AM. As previously noted, the maximum hourly interior noise exposure
for a residence is 50 decibels between the hours of 7:00 AM and 10:00 PM (day) and 45 decibels from
10:00 PM to 7:00 AM (night). The Administrative Hearing Officer’s decision to restrict hours to 10:00
PM for the commercial suite 140 is consistent with this threshold change established in the General Plan,
which designates the project site as General Retail. The proposed uses on site will not negatively impact
the residential uses in the development because the proposed commercial activity will be limited to hours
of operation consistent with specific thresholds established within the Noise Ordinance for noise-
sensitive uses, and noise levels created by the uses during business hours shall be within allowable limits
as described in the Municipal Code.
4.0 ENVIRONMENTAL REVIEW
The project is categorically exempt under Class 1, Existing Facilities, Section 15301 of the CEQA
Guidelines, because the project consists of the modification of hours of operation for businesses within
an existing building located within an urbanized area that involves no expansion of use beyond what has
been previously approved and will not have a significant effect on the environment.
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5.0 ALTERNATIVES
5.1 Continue the item. An action to continue the item should include a detailed list of additional
information or analysis required.
5.2 Uphold the appeal. Upholding the appeal may still grant approval of the project with the
modification to Condition No. 3 to limit hours of operation for Suite 140 to 9:00 PM, nightly.
6.0 ATTACHMENTS
1. Draft Resolution
2. Appeal Letter – Mark Henry
RESOLUTION NO. PC-XXXX-19
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION DENYING AN APPEAL AND UPHOLDING THE
DIRECTOR’S ACTION PERMIT APPROVAL OF THE CONDITION
EXTENDING THE HOURS OF OPERATION FOR THE COMMERCIAL
ACTIVITIES WITHIN A MIXED-USE DEVELOPMENT. THE PROJECT
IS CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW
AS REPRESENTED IN THE PLANNING COMMISSION AGENDA
REPORT AND ATTACHMENTS DATED JULY 10, 2019 (1308
MONTEREY STREET, DIR-4082-2019)
WHEREAS, the Administrative Hearing Officer of the City of San Luis Obispo
conducted a public hearing in the Council Hearing Room of City Hall, 99 0 Palm Street, San Luis
Obispo, California, on May 13, 2019, pursuant to a proceeding instituted under DIR-4082-2019,
George Garcia, applicant; and
WHEREAS, On May 20, 2019, Mark Henry, on behalf of the residents at 1308
Monterey Street, filed an appeal of the Administrative Hearing Officer’s action; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on July 10, 2019, pursuant to a proceeding instituted under APPL-0323-2019, Mark
Henry, appellant; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendat ions by staff,
presented at said hearing.
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Planning Commission makes
the following findings to deny the appeal (APPL-0323-2019) of the Administrative Hearing
Officer’s decision, thereby granting final approval to the project with extended hours of
operation (DIR-4082-2019), based on the following findings:
1. As conditioned, the use will not harm the general health, safety, and welfare of people living
or working in the vicinity because conditions of approval limiting commercial hours of
operation will minimize noise impacts as well as impacts to police resources and the
community.
2. As conditioned, the proposed project is consistent with the General Plan, which designates
the project site as General Retail. The City’s General Plan Land Use Element Table 1 states
that the General Retail Land Use is designed to provide for goods and services adequate to
Resolution No. PC-XXXX-19
1308 Monterey, APPL-0323-2019 (DIR-4082-2016)
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meet most of the needs of city and county residents that includes restaurant uses, and the
proposed hours of operation are identified for restaurant and office uses consistent with the
underlying land use designation.
3. As conditioned, the proposed uses on site will not negatively impact the residential uses in
the development because the proposed commercial activity will be limited to hours of
operation consistent with specific thresholds established within the Noise Ordinance for
noise-sensitive uses, and noise levels created by the uses during business hours shall be
within allowable limits as described in the Municipal Code.
SECTION 2. Environmental Review. The project is categorically exempt under Class
1, Existing Facilities; Section 15301 of the State California Environmental Quality Act (CEQA)
Guidelines, because the project consists of the modification of hours of operation for businesses
within an existing building located within an urbanized area that involves no expansion of use
beyond what has been previously approved and will not have a significant effect on the
environment.
SECTION 3. Action. The project conditions of approval do not include mandatory code
requirements. Code compliance will be verified during the plan check process, which may
include additional requirements applicable to the project. The Planning Commission does hereby
approve application DIR-4082-2016, subject to the following conditions:
1. This Director’s Action Permit shall be subsequently reviewed at a public Administrative
Hearing if the City receives substantiated written complaints from any citizen, Code
Enforcement Officer, or Police Department employee, which includes information and/or
evidence supporting a conclusion that a violation of this Director’s Action Permit, or of
City ordinances or regulations or Police Department resources (calls for service)
applicable to the property or the operation of the business, has occurred. At the time of
the review, to ensure on-going compatibility of the uses on the project site, conditions of
approval may be added, deleted, or modified, or the Director’s Action Permit may be
revoked.
2. The Director’s Action Permit shall be reviewed by the Community Development Director
for compliance with conditions of approval, or to determine whether a modification of the
permit is necessary upon significant change to the businesses as represented in the
applicant’s submitted project application materials, or in the event of a change in
ownership which may result in deviation from the project description or approved plans.
3. The hours of operation shall be restricted to 8:00 AM to 8:00 PM for all commercial
activity on the second floor, and 8:00 AM to 9:00 PM for all commercial activity on the
ground floor, until all active noise violations are resolved. Once all active noise violations
are resolved, hours of operation shall be restricted per tenant suite as identified below;
a. Suite 110: 8:00 AM to 9:00 PM
b. Suite 120: 8:00 AM to 9:00 PM
c. Suite 140: 8:00 AM to 10:00 PM
d. Suite 210: 8:00 AM to 8:00 PM
e. Suite 230: 8:00 AM to 8:00 PM
f. Suite 240: 8:00 AM to 8:00 PM
Resolution No. PC-XXXX-19
1308 Monterey, APPL-0323-2019 (DIR-4082-2016)
Page 3
g. Suite 250: 8:00 AM to 8:00 PM
The hours of operation for all outdoor food services shall operate no earlier than 8:00 AM
and shall not remain open later than 9:00 PM, daily.
4. The applicant shall make reasonable efforts to minimize the potential for adverse noise
and crowd impacts on adjacent establishments and nearby residences, including, but not
limited to, ensuring that all windows and doors are closed no later than 9:00 PM, nightly.
5. The proposed use shall operate in conformance with the City Noise Ordinance (M.C.
Chapter 9.12, Noise Control) to maintain compatibility with the nearby residences and
businesses.
6. The site shall be maintained in a neat and orderly manner at all times, to the satisfaction
of the Community Development Director.
7. The operation must meet all required County Health Department standards, obtain any
necessary permits, and service to the areas shall be conducted in a safe manner at all
times. The applicant shall ensure that tenants, residents, and owners be given 24 hours’
notice prior to each required cleaning of rooftop equipment outside of the established
hours of operation.
Indemnification
8. The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or its
agents, officers, or employees to attack, set aside, void, or annul the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review (“Indemnified Claims”). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully
cooperate in the defense against an Indemnified Claim.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
RECUSED:
The foregoing resolution was adopted this 10th day of July 2019.
____________________________________
Shawna Scott, Secretary
Planning Commission