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HomeMy WebLinkAbout10/22/2019 Item 11, Lopes Wilbanks, Megan From:James Lopes <jameslopes@charter.net> Sent:Tuesday, October To:E-mail Council Website Subject:Item 11, 10-22-19 Council Agenda - Taqueria Santa Cruz Appeal City Council City of San Luis Obispo RE: Item 11, 10-22-19 Council Agenda - Taqueria Santa Cruz Appeal Dear Mayor Harmon and Council Members: The zoning code violations of the appellant illustrate the inherent conflicts between entertainment / restaurant uses and residences in mixed use projects. The Henry's purchased their condo with the knowledge of a 6 p.m. time limit for open restaurants. How does one account for your staff and Planning Commission blithely taking away that "contract" between the City and residents? I purchased my condo with the knowledge that I signed an understanding that an airport exists nearby, and I waived the right to sue for aircraft noise. Maybe the airport staff should blithely let me sue them due to incessant aircraft noise. The attempts to serve this business's interests over residents' interests are apparent and frustrating. It is on your shoulders to uphold the standards in the zoning code. The zoning code had an excellent time limit for restaurants located below residents - 6 p.m. Incremental modifications are counter-productive to the residents and the general public. If your family were living above these restaurants, would you want closure at 7, 8 or 9 p.m.? Restaurant activity after hours is typically noisier than during open hours, or at least as noisy. So, would you add an hour after closing to be within the time limit? Somehow our staff made a modification to the zoning code to 8 p.m., but only until the air vent noise issues are resolved. What discretion does staff have to modify the time limit at all? What eventual limit would they invent - 11 p.m., or 1 a.m.? This case is an example of a developer/business-friendly staff who demonstrate a palpable lack of care to defend the restrictions within the City for which they work. Please deny the appeal, and either restore the "contract" with the residents for a 6 p.m. closing, or modify it to the least harmful extension, at 7 p.m. These restaurants should be quiet after hours as well, so you might set an 8 p.m. limit for both closing and after-hours operations to end. Imagine these residents, under the 6 p.m. rule, being able to fix and have dinner, enjoy evening peace and productive time. If you let the 9 p.m. limit stand, these people will be finally 1 able to have some peace by 10 p.m. - time to go to bed. Please honor our zoning code and our residents with the least harmful modification possible. Thank you, James Lopes 912 Bluebell Way San Luis Obispo, CA 93401 2