Loading...
HomeMy WebLinkAbout10/22/2019 Item 11, Henry (2) Wilbanks, Megan From:Mark Henry <bigsky196@outlook.com> Sent:Tuesday, To:E-mail Council Website Subject:1308 Monterey - Copy of Planning Appeal Letter Attachments:Appeal Letter - Mark Henry.pdf Dear City Council Members: Pertinent to our agenda item at this evening’s Hearing I have attached a copy of my Appeal to the Planning Commission. Thank You. Mark Henry 1308 Monterey Street Unit 320 San Luis Obispo, Ca 93401 1 CIfiY OF SHI2 LUIS OBISPO Fee must accompany original signed appeal form Received by: RECkIVED CITY OF S. �d MAY 2 0 2019 COMMUNITY DEVELOPMENT APPEAL FORM Department of Community Development Planning Division SECTION 1. APPELLANT INFORMATION Name Mailing Address Phone Fax In accordance with the procedures set forth in Title 17, Chapter 17.66 of the San Luis Obispo Municipal Code, I hereby appeal the decision of the: ❑ Minor or Incidental Architectural Review (appealed to the ARC) Tier 2 ❑ Applicant Appeal: $889.13 ❑ Non -Applicant Appeal: $355.65 Zoning Hearing Officer- Administrative Hearing (appealed to Planning Commission) Tier 2 ❑ Applicant Appeal: $889.13 )V Non -Applicant Appeal: $355.65 ❑ Community Development Director (appealed to the Planning Commission) Tier 3 ❑ Applicant Appeal: $311.45 ❑ Non -Applicant Appeal: $311.45 ❑ Community Development Director- Minor (appealed to the Planning Commission) Tier 4 ❑ Applicant Appeal: $133.63 ❑ Non -Applicant Appeal: $133.63 r-----------------....- ----------------------------- ----- ---.. . If an action by the Architectural Review commission, Cultural Heritage Committee or Planning Commission is being appealed, an "Appeal to the City Council" form is needed and can be obtained from the City Clerk's Office. SECTION 2. SUBJECT OF APPEAL: The date the decision being appealed was rendered: V Project address: _ Application number: [uQ- 4(01 -10(6 Explain specifically what action(s) you are appealing and why you believe your appeal should be considered. You may attach additional pages, if necessary: The scope of this Appeal is limited only to contesting only the provisional award of a 10 p.m. closing time to the Taqueria Santa Cruz. We are agreeable to all of the other operating hours established, provided the noise compliance measures in progress are completed in a timely manner. We submit that, as residents of the Community, we are entitled to the same protections as all other residents against excessive intrusions into our homes. Although, as residents with homes in a Mixed Use environment, the specific manner of protection may differ, we certainly have the same Constitutional right to protection from excessive and unnecessary intrusions into our homes that negatively affect our quality of life and the value of our property as other residents. Therefore, to substantiate our grounds for Appeal against the granting of a 10 p.m. closing to the Taqueria Santa Cruz, in the following Attachments we intend to show that allowing a 10 p.m. closing will not only have a negative impact on the Mixed Use Residences, but a severe negative impact. Attachment A: Negative Impact of Equipment Noise Attachment B: Negative Impact of Exterior Activities We respectfully request that the material be reviewed and considered and that the closing time for the closing time for the Taqueria Santa Cruz be established as 9 p,m. just like the other restaurants. Signature of Appellant Revised 7-10-18 s/ao// Date SUBJECT: DIR-4082-2016 1308 Monterey Street "The Mix" APPEAL OF HEARING OFFICER'S DECISION —14 May 2019 SPECIFICALLY: The Granting of a 10:00 p.m. Closing time to the Taqueria Santa Cruz (#140) ATTACHMENT A: Negative Impact of Equipment Noise Our primary objection to a 10:00 p.m. closing for the Taqueria Santa Cruz is excessive noise impact to the residents. Among the most serious sources of noise is their rooftop hood exhaust fan, which is located next to two units, Unit 330 occupied by tenants, and Unit 340 occupied by owner/residents. This fan operates from early morning to late at night, seven days a week. The fan is documented as exceeding the noise limits allowed even in a Commercial zone, and they have been twice directed under Administrative Citations to cease the activity (See Al, A2), yet they continue to operate it without any apparent intention to change it to a quieter fan as was done in the other area. The level of noise from this single fan exceeds the combined noise level of three fans located in the other area. (At one point the owner/residents even offered to contribute to the replacement of this fan to avoid bringing the matter to the City. Their offer was rebuffed, the restaurant claiming they didn't have to do anything.) The effect of the fan noise is compounded by site conditions: The Approved Drawings for the Project, sheet A1.2, Note 24 (See A3) specifically state: "NEW HABITABLE PORTIONS OF THIS PROJECTSHALL COMPLY WITH THE CITYOFSAN LUIS OBISPO NOISE GUIDEBOOK PRESCRIPTIVE MEASURES FOR A NOISE LEVEL REDUCTION OF 20 dB WHICH INCLUDES THE PROVISION OFAIR CONDITIONING OR OTHER MECHANICAL VENTILATION SYSTEM SUCH THAT DOORS AND WINDOWS MAY REMAIN CLOSED." This was not done. There is no air-conditioning or mechanical system or other mechanical ventilation system such that doors and windows can remain closed, and the prescriptive measures were ignored by placing ventilation shafts adjacent to and within the line -of -sight of the residences and by placing operable doors and windows within that line -of sight. This situation was aggravated by failing to consider the effect of noise in subsequent permits for the rooftop fans. The end result is that the residences are extremely vulnerable to negative impact from the operation of the rooftop fans, which is a Commercial activity. Noise compliance efforts are underway but even they will not mitigate the vibration -induced noise audible in the bedrooms. Therefore, the only way to adequately address this vulnerability is reasonable hours of operation, and it is vital that the operation of the rooftop equipment be strictly confined to those hours. In summary, because the project was not constructed consistent with the Planning Regulations that require the minimization of noise, we submit that these existing conditions, and the concentration of three very active restaurants in a relatively small area, preclude very early and late operating hours which include operation of this equipment, and that allowing operating hours before 8:00 a.m. and after 9:00 p.m. on this property has resulted in a severe negative impact upon the Residential Units. Attachment A — Negative Impact of Equipment Noise - .r.. � a•p; � .,� �t�,�, 3ar• ;-uia �•� s.r•. �a 9:'ar):.3�; 30n'8!" u X -t Si Citation 2"l Citation T,¢gr1A:;k0 i.4 mr- iF-a Citation No.: 13176 AND ORDER TO COMPLY WITH SAN LMS OSISPO MUNICIPAL CODE 3rd Citatior Additional ! Daily Fines ADDRESS OF VIOLATION: 1308 Monterey St #140 SLO, CA 93401 APN: 001-226-004 DATE OF VIOLATION: t'iiav 31. 20,18 NAME: Monterey & Johnson LLC ADDRESS: 1308 Monterey Street #230, San Luis Obispo, CA 93401 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY E TION E Y THE FINECYOU ARE FURTHER O D R TO =EAS THE ACTIVITY GIVING RIS T T VI LATION WHEN CORRIf E EPL E L fa C LI G 80 7 U. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC§ 9.12.070[2][a] $100 MC§ 9.12.060[2][al m„ g - . o ._. �-;.�� ������.-�.�csjef i�€� $100 Amount Due (or subtotal if daily fine) $200 if Wil FiRes apply the TOTAL AMOUNT DUS - xykx) X Payment of the fine shall be made by check or money order. Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to the special assessment and lien procedure contained in SLOMC 1.24.140. This may result in the imposition of a lien or special assessment against the property in the amount of any unpaid fines. - y ? a , r al �i s r. H l Wit, d �,..,9 3@ ..=t;:"•60 .6t 1..s�i, �.,•a m�M��e �, i..b-.i3G �_r-�J �liy 3_:°$0 .'�k�e l �ti�E .-i 7, ,�5�,•� :d i, s You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, ui Wspo, CA 93401 Issued By: Steve Sheats Signature:_ Title: Code Enforcement Officer RELATED CE CASE: Cq©E-1]90-2016 DATE CITATION ISSUED: May 31, 2018 A1— Negative Impact of Equipment Noise - I �;.r Comrr unity Development -1. I'll Citation X 2"' Citation Citation No.: 16435 AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 3rd Citation Additional 1 Daily Fines ADDRESS OF VIOLATION: 1308 Monterey Street #140, SLO, CA 93401 APN: 001-226-005 DATE OF VIOLATION: March 18, 2019 NAME: Monterey & Johnson LLC _ ADDRESS: 1308 Monterey Street #230, San Luis Obispo, CA 93401 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY^, IM T V THE FINE. YO -.0 - p[i9 U HER OR ERED O CE S TH ACTIVI I ING RIS O VIOLAT ON WHEN COR E ONS L E N I A (805) 8- 18 . TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION (DESCRIPTION OF VIOLATION FINE MC§ 9.12.070[2][a] (Noise Disturbance— Interior $500 !MC§ 9.12.060[2][a] INoise Disturbance — Exterior $500 Amount Due (or subtotal if daily fine) $1000 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. Delinquent fines are also subject to the special assessment and lien procedure contained in SLOMC 1.24.150. This may result in the imposition of a lien or special assessment against the property in the amount of any unpaid fines. You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Steve Sheats Signature: -_ Title: Code Enforcement Officer RELATED CE CASE: CODE -1790-2016 DATE CITATION ISSUED: March 19, 2019 A2 — Negative Impact of Equipment Noise PHOTOVOLTAIC PANEL ARRAY r) 8'x8' ALUMINUM + GLASS OVERHEAD SECTIONAL DOOR PER SCHEDULE A7.1 S HOLELESS HYDRAULIC PASSENGER ELEVATOR AND HOIST'WAY PER CBC CHAPTER 30, 1007.4, AND 11168, SEE SHEET AO.3 DIVISION 14 FOR MORE INFORMATION 04 ENCLOSED EXIT STAIR, 36" MIN. WIDTH 0 EXTERIOR EXIT STAIR, 48" CLEAR WIDTH BETWEEN HANDRAILS EXTERIOR WALKWAY/EGRESS BALCONY, ELASTATEX 500 FINISH, COLOR=BRIGHT GRAY (D PRIVATE ROOF DECK, ELASTATEX 500 FINISH, COLOR=BRIGHT GRAY 8 2—HOUR FIRE RATED MECHANICAL VENTILATION SHAFT ENCLOSURE, TYPICAL OF (4) OPEN TO BELOW 10 POTENTIAL ACCESSIBLE RESTROOM, SEE SHEET A5.1 11 SHEET METAL WINDOW BUCK, SEE EXTERIOR ELEVATIONS SHEETS A2.1 + A2.2 12 16 IPE WOOD SCREEN, SEE EXTERIOR ELEVATIONS 21A2.2 13 LINE OF AWNING ABOVE 14 LINE OF BUILDING/BALCONY ABOVE 1 ELEVATOR MACHINE ROOM, PROVIDE FRESH—AIR VENTILATION AND 1—HOUR FIRE—RESISTANCE CONSTRUCTION AT WALLS AND CEILING PER CBC 1009.5.3 (16) GUARDRAIL, TOP 42" ABOVE ADJACENT WALKING SURFACE 17 ELECTRICAL EQUIPMENT CLOSET 18 PROVIDE CLEAR AND LEVEL LANDING AT EXTERIOR DOORS PER CBC 1133B.2.4 19 BUILT—IN PLANTER 20 MOMENT FRAME PER STRUCTURAL 21 COLUMN PER STRUCTURAL 2Z STEP IN CONCRETE SLAB, SEE CIVIL DRAWINGS FOR FINISH FLOOR ELEVATIONS 0. NEW HABITABLE PORTIONS OF THIS PROJECT SHALL COMPLY WITH THE CITY OF SAN LUIS OBISPO NOISE GUIDEBOOK PRESCRIPTIVE MEASURES FOR A NOISE LEVEL REDUCTION OF 20 dB WHICH INCLUDES THE PROVISION OF AIR CONDITIONING OR OTHER MECHANICAL VENTILATION SYSTEM SUCH THAT DOORS AND WINDOWS MAY REMAIN CLOSED. THIS PROJECT SHALL FOLLOW NORMAL CONSTRUCTION PRACTICES, APPLICABLE BUILDING CODES, AND EMPLOY CAREFUL WORKMANSHIP INCLUDING THE CAULKING OF JOINTS AND BASE PLATES AND INSTALLATION OF WEATHER STRIPPING. ACOUSTICAL LEAKS IN WALLS, ROOFS, AND CEILINGS SHOULD BE AVOIDED BY J PROPERLY SEALING PENETRATIONS IND BY ELIMINATING FLANKING PATHS.--. f HALF SCREEN, SEE DETAIL 121A8.2 PROVIDE CAST—IRON SANITARY DRAINAGE PIPING THROUGHOUT THE PROJECT =IRE RISER AND CLASS III STANDPIPE CLOSET WITH EXTERIOR ACCESS DOOR KNOX BOX, MOUNT PER FIRE DEPARTMENT DIRECTION NEAR FIRE RISER CLOSET DOOR A3 -- Negative Impact of Equipment Noise garcia architecture + c 1037 mill str s a n I u i s o b i sc c a I i f o r n i a 93 ph: 805.783.1 f : 805.783.1 www.garciaarchdeslg George Garcia, AIA C * C 24540 04 / 30 13 sr E> P nnTE gip. 9r£ OF C AO�nif�i�' err riri�n�/INN The Mix C Mont 1308 Monterey San Luis Obispo �li,fora 9340' A r. 2 "PLA AJ N 0 Te:3r SUBJECT: DIR-4082-2016 1308 Monterey Street "The Mix" J APPEAL OF HEARING OFFICER'S DECISION —14 May 2019 SPECIFICALLY: The Granting of a 10:00 p.m. Closing time to the Taqueria Santa Cruz (#140) ATTACHMENT B: Negative Impact of Exterior Activities Our primary objection to a 10:00 p.m. closing for the Taqueria Santa Cruz is excessive noise impact to the residents. For years this particular restaurant's exterior activities at late hours have had a severe negative impact on the quality of life and property values of the Mixed Use residents. One major factor is that noise from restaurant activities does not cease at closing time. After closing, noise continues: lingering customers; car doors slamming in the parking area; departing customer and employee vehicles revving their engines; worse yet... occasional motorcycles; loud conversations; music blaring from vehicles; the banging and clattering of furnishings being put away; trash containers being dragged across the asphalt parking area, etc. This exterior noise goes on for the better part of an hour, seven nights a week, until the employees finally leave after locking up. These exterior activities affect all Residential units, not just those adjacent to the Taqueria Santa Cruz. We submit that these are, in fact, Commercial activities directly related, part and parcel, to restaurant operations. A 10:00 p.m. closing is effectively an 11:00 p.m. closing as far as noise impact to Mixed Use residents. A 10 p.m. closing imposes a severe negative impact on Mixed Use residents because it forces these post -closing activities into the post 10 p.m. night-time period, which has lower acceptable levels of noise under the Noise Regulations, and for good reason. The end result will be constant and difficult to enforce complaints, ebbing and flowing in intensity that will inevitably result in a clamor to revoke the 10 p.m. closing, at continued inconvenience to the City the City and its hard-working employees. This can only be avoided by a strict policy of a 9 pm closing time for all restaurants on this or any other Mixed Use project, at least those with multiple restaurants. In summary, we submit that allowing a 10 p.m. closing will have a severe negative impact upon the Residents, which is not consistent with the Planning Regulations in effect at the time of the Application, which state that the Director [City] is responsible to see to it that negative impacts to Mixed Use residents are minimized, if not avoided. Regardless, as residents of the community we have the same rights against noise intrusion into our homes as all other residents, even in a Mixed Use environment. Extended operating hours, by definition, increase the negative impacts to Mixed Use residents. In this case late hours have resulted in a severe negative impact to Mixed Use residents and that must not be allowed to continue. Attachment B — Negative Impact of Exterior Noise