HomeMy WebLinkAbout08/06/1991, 4 - APPEAL OF PLANNING COMMISSION ACTION TO EXTEND A TEMPORARY USE PERMIT ALLOWING AN OUTDOOR BARBECUE AT CORK 'N' BOTTLE LIQUOR STORE, LOCATED ON THE NORTH SIDE OF FOOTHILL BLVD. WEST OF CHORRO STREET. Original Agend- ..eport from meeting of 7/16/91 MEETING DATE:
���Ha��►►►►uillllfllll�°i9@►U city of San Luis OBISPO ? -91
COUNCIL AGENDA REPORT 'TEM NUE
FROM: Arnold Jonas, Community Development Director
PREPARED BY. Greg Smith, Associate Planner /
SUBJECT: Appeal of Planning Commission action to extend a temporary use permit allowing
an outdoor barbecue at Cork 'n' Bottle liquor store, located on the north side of
Foothill Blvd. west of Chorro Street.
CAO RECOMMENDATION:
Adopt a resolution denying the appeal, and allowing the barbecue operation to continue
for an additional six months, as approved by the Planning Commission.
REPORT IN BRIEF:
The applicant wants to continue outdoor barbecue operations, as allowed by a use
permit extension approved by the Planning Commission on June 12, 1991. The applicant
has stated that he wants time to comply with requirements for operating on a permanent
basis. The complainant wants the use permit revoked, which would halt the barbecue
operation pending compliance with permanent regulations.
The barbecue operation has been the subject of several review hearings before the
Administrative Hearing Officer and the Planning Commission. At the hearings, the
complainant has alleged that smoke, soot and airborne grease particles interfere with
the operation of the McDonald's restaurant immediately downwind from the barbecue.
The complainant also alleges that the barbecue operation has repeatedly violated
conditions of the use permit related to hours of operation and provision of seating on
the site.
(
The Planning Commission has concluded that the past violations do not warrant
revocation of the use permit, and that it is appropriate to allow the barbecue to continue
operating for not more than six additional months, pending adoption of barbecue
guidelines or regulations which would apply to similar operations city-wide. The county
Air Pollution Control District does not have specific regulations for outdoor barbecues,
and the APCD feels that the city use permit hearings are the proper forum for resolving
the complaints.
DISCUSSION:
Back rg ound
The June 12, 1991, Planning Commission Hearing on this issue was the most recent in a series
of hearings on the barbecue use permit. The effect of the commission's action - if it is upheld
by the council - will be to allow the barbecue to continue as a temporary use until December
. 12, 1991, subject to conditions similar to those under which it has operated since June 12, 1989.
The council hearing is in response to an appeal filed by the operator of the McDonald's
restaurant which is located adjacent to the barbecue site. I
A 74-89
Page 2
Data Summary
Address: 774 Foothill Blvd.
Applicant: Randy Estes
Appellant: Michael Charles
Zoning: C-N
General Plan: Neighborhood Commercial
Environmental Status: Categorically exempt
Project Action Deadline: July 29, 1991
Site Description
Average depth of the site is approximately 240 feet, with a 100-foot frontage on Foothill Blvd.
The lot is developed with a 4800 square foot liquor store and 22 parking spaces. Various
commercial, office, and residential uses are located in the vicinity of the site.
EVALUATION
Since the appeal does not raise new issues, staff has attached the report prepared for the June
12, 1991 Planning Commission hearing, for council reference. A history of the prior actions
on the use permit and a detailed analysis of the relevant issues are provided in the following
section of this report, and in the attached staff report to the Planning Commission dated June
12, 1991. Draft minutes from the commission hearing are also attached.
PLANNING COMMISSION ACTION
The Planning Commission conducted a lengthy hearing on this use permit on June 12, 1991.
The hearing was combined with another appeal hearing on a barbecue operation at 290
Foothill Blvd., since many of the issues were similar, and since the owner of the Foothill Blvd.
barbecue has been a partner in the California Blvd. operation.
The commission granted six month extensions for both permits, subject to conditions similar
to those under which they had operated since review hearings in February, 1991. The decision
on the California Blvd. permit was not appealed.
The commission also directed staff to work with the Chamber of Commerce and other
interested parties to draft guidelines for operation of outdoor barbecues in the city, and to
report back to the commission before the extended use permits expire (December, 1991). Staff
has begun preliminary work on guidelines, and will begin forming an ad hoc committee in mid-
July.
More than 60 pages of petitions and correspondence regarding the Foothill Blvd. barbecue
were received prior to the June 12 hearing. A significant number of communications were
rpceived on each side of the issue. Copies of correspondence from the appellant, applicant,
APCD, and Chamber of Commerce are attached to the commission staff report; other
correspondence will be available at the council hearing, and in the Council Office and
Community Development Department office prior to the hearing.
A 74-89...
Page 3
CONCURRENCES
Comments from other departments are noted in the attached commission report. No city
department has opposed the barbecue operation.
FISCAL E%IPACT
The use permit will not have significant impacts on city revenues or expenditures.
ALTERNATIVES
The council may uphold the appeal, and deny the use permit extension. The barbecue
operation would be discontinued until a new temporary or permanent use permit is approved
by the Hearing Officer.
Condition No. 3 of the use permit states that the Hearing Officer may "add, delete, or modify
conditions of approval or may revoke the use permit" at a review hearing. The council, in
acting on the appeal, has the same procedural alternatives.
RECOMMENDATION
Staff and the Planning Commission recommend the council adopt the attached draft resolution
denying the appeal, and approving a six-month extension of the temporary use permit for the
outdoor barbecue operation at the Cork W Bottle liquor store at 774 Foothill Blvd.
Attachments:
Draft Resolutions - Deny appeal; uphold appeal
Staff Report - June 12, 1991 Planning Commission
Vicinity Map
Site Plan
Letters from Appellant to PC and CC
Planning Commission Resolution (Extending use permit)
APCD Letter
Chamber of Commerce Letter
Zoning Regulations Excerpts
Use Permit Findings and Conditions
Administrative Hearing Minutes
ARC M&I Plans
gtsd:A7489CC.wp
L4 - 3
RESOLUTION NO. (1991 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO
EXTEND USE PERMIT A 74-89, ALLOWING AN OUTDOOR BARBECUE
AT 774 FOOTHILL BOULEVARD
WHEREAS, the Administrative Hearing Officer conducted a public hearing
to consider revocation of Use Permit Application No. A 74-89, on May 17, 1991, and
determined to allow the use permit to remain in effect, without modification to conditions
of approval; and
WHEREAS,the decision of the Hearing Officer was appealed to the Planning
Commission by the applicant, which conducted a public hearing on June 12, 1991, and
determined to modify the conditions of approval; and
WHEREAS, Michael Charles (Appellant) has appealed that decision to the
City Council; and
WHEREAS, the council has conducted a public hearing on that appeal on
July 2, 1991; and
WHEREAS, the council has considered the testimony and statements of the
applicant, appellant, and other interested parties, and the records of the Administrative and
Planning Commission hearings and actions, and the evaluation and recommendation of
staff; and
WHEREAS, the council determines that the action of the Planning
Commission was appropriate;
NOW, THEREFORE, the council resolves to deny the appeal and affirm
the action of the Planning Commission, thereby modifying the conditions of approval for
Use Permit A 74-89 subject to the following findings and conditions adopted by the
Planning Commission Resolution No. 5061-91:
Section 1. Finding
1. The proposed temporary use will not adversely affect the health, safety or
welfare of persons living or worldng at the site or in the vicinity. 4
2. The temporary use is appropriate at the proposed location and will be
compatible with surrounding land uses.
u
Resolution No. (1991 Series)
A 74-91
Page 2
3. The proposed temporary use is exempt from environmental review.
Section 2. Conditions:
1. Hours of operation shall be limited to Tuesdays, Wednesdays, Thursdays and
Fridays from 10:30 am. to 1:30 p.m.
2. Use permit shall expire in six months (December 12, 1991). All equipment
shall be removed on or before that date unless permanent approval is
obtained.
3. At any time the Hearing Officer may review the use permit if reasonable
written complaints from citizens or the Police Department are received by the
Community Development Department. The Hearing Officer may add, delete,
or modify conditions of approval or may revoke the use permit at that time.
4. Bunting strips, flags, banners,balloons, sandwich board signs, or other similar
attention-getting devices shall be prohibited.
5. Applicant shall enforce the prohibition of alcohol in parking lot or outside of
buildings on the premises.
6. Applicant shall comply with all Air Quality Management District Rules and
Regulations.
7. Only take-out food sales are allowed. No sit-down dining on-site shall be
allowed.
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
1991.
Mayor
Resolution No.: ::. (1991 Series)
A:7489.
.Page-3 .
ATTEST:
City Qerl. - -
APPROVED:
:Ci'- A . ._ -'_trativ cer
Agr#�-
�z
Co*munity Develop_ --e Director
RESOLUTION NO. . (1991 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY .OF SAN LUIS OBISPO
UPHOLDING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION,
AND REVOIGNG USE PERMIT A 74-89, WHICH ALLOWED AN OUTDOOR BARBECUE
AT 774 FOOTHILL BOULEVARD
WHEREAS, the Administrative Hearing Officer conducted a public hearing
to consider revocation of Use Permit Application No. A 74-89, on May 17, 1991, and
determined to allow the use permit to remain in effect, without modification to conditions
of approval; and
WHEREAS,the decision of the Hearing Officer was appealed to the Planning
Commission by the applicant, which conducted a public hearing on June 12, 1991, and
determined to modify the conditions of approval; and
WHEREAS, Michael Charles (Appellant) has appealed that decision to the
City Council; and
WHEREAS, the council has conducted a public hearing on that appeal on
July 2, 1991; and
WHEREAS, the council has considered the testimony and statements of the
applicant, appellant, and other interested parties, and the records of the Administrative and
Planning Commission hearings and actions, and the evaluation and recommendation of
staff;
NOW, THEREFORE, the council resolves to uphold the appeal and revoke
Use Permit A 74-89, based on the following findings:
Section 1. Findin
1. The temporary use has adversely affected the health, safety and welfare of
persons working in the vicinity.
2. The temporary use is not appropriate at the proposed location and is
incompatible with surrounding land uses.
3. Conditions Nos. 1, 4, and 7 of the approved use permit have been violated.
_Resolution No: (1991 Series)
A 74-91
Page
On motion of _-- _ - seconded by
,
and on the following roll call vote:
•,
AYES:
NOES:.
ABSENT
the>fdregoing resolution was passed and adopted this day of
Mayor - - -- --
ATTEST:
City-Clerk --- -= T
--APPROVED:
-City A___ ____tra_ve Offic
ity 'Y
\ - -
Community Develoj6i- .t Director
MEETING DATE:
����►�►���illllil�{�p6 ii�ih city Of San i_ OBISPO
ITEMNUMBER:
Woni PLANNING COMMISSION STAFF REPORT O�
BY: Greg Smith, Associate Planner FILE# A 74-89
SUBJECT: Appeal of Hearing Officer's action extending a use permit
allowing an intermittent barbecue at Cork 'n' Bottle liquor store,
located on the northwest side of Foothill Blvd. southwest of Chorro
Street.
SUMMARY RECOMMENDATION
Deny the appeal, and uphold approval of Use Permit A 74-89 subject to
the findings and conditions approved by the Hearing Officer.
BACKGROUND
Situation
The barbecue was first approved on June 9, 1989 as a temporary use,
although the barbecue operation had started without permits a year and
a half earlier. A one-year extension was granted on February 2, 1990.
On February 15, 1991, the Hearing Officer approved a second extension,
through February 1992 , with amended and additional conditions. The new
conditions changed the classification from a temporary use to an
intermittent use, as explained below, to operate on no more than 60 days
per year. The applicant appealed the changed conditions, but withdrew
the appeal before it was heard by the commission. The applicant
apparently intended to meet the requirements for a permanent use before
the limits in the revised conditions were exceeded.
The Hearing Officer conducted a review hearing on May 17, 1991, since
a complaint was filed by the operator of the McDonald's restaurant next
door alleging violations of use permit conditions. At the May review
hearing, the applicant requested that the use permit be modified to
allow at least an additional 60 days of operation while he attempts to
meet the requirements for a permanent use.
The Hearing Officer allowed the outdoor barbecue operation to continue,
without modifying the conditions of approval. The permit was not
revoked (as requested by the neighbor) , nor was the limit of 60 days of
operation per year expanded (as requested by the owner) . The barbecue
owner has appealed.
Data Summary
Address: 774 Foothill Blvd.
Applicant/Appellant: Randy Estes
Zoning: C-N
General Plan: Neighborhood Commercial
Environmental Status: Categorically exempt
Project Action Deadline: July 29, 1991
Site Description
Average depth of the site is approximately 240 feet, with a 100-foot
A 74-89
Page 2
frontage on Foothill Blvd. The lot is developed with a 3900 square foot .
i
liquor store and 22 parking spaces.
EVALUATION
The applicant/appellant has operated the outdoor barbecue as a temporary
use Tuesdays through Fridays, between 10:30 a.m. and -1:30 p.m. , under
the terms of Use Permit A 74-89.
In determining what action to take, staff suggests the commission
consider the request as one of basic land-use compatability:
- Is cooking and serving food outdoors compatible with surrounding
uses in this C-N zoned location on a short-term (temporary or
intermittent) basis? Air quality factors may not be the only
criteria which the commission wishes to consider.
- What level of regulation of the barbecue is necessary to insure
that appropriate standards of compatibility are met? Compliance
with minimum air quality performance standards is important, but
stricter conditions may be appropriate to insure compatibility.
Staff suggests the commission focus on the following issues in
evaluating the complainant's request for revocation, and the applicant's
request for an extension:
1.. Classification as a _"-Temporary Use"
Zoning Regulations include the following provisions regarding temporary
uses.:
T. Other Temporary/Intermittent Uses. A temporary use is one
which is established at a particular location for less than one
year. An intermittent use is one which occurs no more than 60 days
in a year and for no more than seven consecutive days, but which
may continue from year to year. Upon approval of an administrative
use permit, the director may approve temporary or intermittent uses
which are compatible with their surroundings and otherwise
consistent with the purposes of these regulations.
Since the continued use seemed inconsistent with the definition of a
temporary use, staff recommended limiting the use to sixty days
annually, as provided for intermittent uses. At the February, 1991,
review hearing, the Hearing officer approved a new condition
implementing that restriction:
6. Barbecue operations shall not occur on more than 60 days
during any 12-month period.
The applicant will have operated the barbecue on sixty days by the time
of the commission hearing. Unless conditions are amended, barbecue
operation will have to cease until February 1992, or until requirements
for permanent operation are met. The applicant has requested additional
time to operate as a temporary or intermittent use while trying to meet
the requirements for permanent operation.
A 74-89
Page 3
2 . Impact on Neighboring Uses
The operator of the adjacent McDonald' s restaurant (who filed the
complaint which initiated the May 17 review hearing) opposes the
extension of the permit, since he feel that the smoke and airborne
grease particles from the barbecue have been a nuisance. Letters from
the operator and clients are attached; the letters also refer to
problems with barbecue customers using McDonald's restroom facilities.
The complaint alleged violation of three of the use permit's conditions:
- The barbecue operations have exceeded the 10:30 a.m. to 1:30 p.m.
time limits specified in condition no. 1.
- A sandwich board sign is often displayed, in violation of
condition no. 4, which prohibits banners and sandwich board signs.
- Chairs and tables have been provided for customer use, in
violation of condition no. 8, which prohibits sit-down dining due
to lack of required parking.
Staff inspections have confirmed violations of the use permit conditions
have occurred. As recently as Thursday, June 6th, all three of the
above conditions were not being met.
The McDonald's building is located approximately 75 feet downwind (east)
from the barbecue location. Other nearby buildings include a C-N zoned
duplex 160 feet northeast of the barbecue, and offices and apartments
135 feet to the west. An R-4 parcel, which is undeveloped except for
a parking lot, is located 80 feet to the west. No complaints have been
received from owners or tenants of these properties.
At the May review hearing, numerous letters supporting the barbecue were
submitted by the applicant. Some of the letters were from neighborhood
residents. A petition with signatures of approximately 125 customers
was also submitted in support.
3 . Regulations for Permanent Barbecue tses
City Zoning Regulations do not include specific standards for permanent
outdoor barbecue uses. The regulations do include a performance
standard which requires that "uses shall be conducted to prevent dust
or other airborne material from crossing property lines" .
For indoor commercial cooking facilities, an exhaust system which
includes an approved grease filter meets the performance standard, and
is required by building and fire codes. Staff has advised the applicant
that similar equipment is required for a permanent outdoor barbecue in
' order to meet the performance standard, although it would not otherwise
be required by the building or fire codes.
Installation of a properly designed exhaust fan and grease filter would
be effective in reducing airborne grease and soot, but could cost from
A 74-89
Page. 4
oneto several thousand dollars. A filtration system which reduced"
smoke and other gaseous emissions would be technically feasible, but
would be even more costly.
The applicant has submitted an Architectural Review Minor and Incidental
application (plans attached). for an exhaust hood. Staff advised the
applicant that documentation of the system's compliance with the
performance standard was needed, and suggested that the design be
modified to enhance its appearance. No documentation or revisions have
been received by staff at this date.
4. Air Ouality_Regulations
In addition to the performance standards in the city's zoning
regulations, businesses must comply with regulations adopted by the
county Air Pollution Control District (APCD) . No specific regulations
dealing with outdoor barbecues have been adopted by the APCD. The
regulations do include a general prohibition against creating a
nuisance:
No person shall discharge from any source whatsoever such
quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number
of persons or to the public, or which endanger the comfort, repose,
health or safety of any such persons or the public, or which cause
or have a natural tendency to cause, injury or damage to business
or property.
The complainant and others have filed complaints with the APCD, which
has responded that the complaints have not clearly established that
their rules have been violated; a letter from the APCD is attached.
It does not appear that any significant effect on the general air
quality in. the vicinity occurs. The volume of pollutants generated at
the cur-rent level of operation is much less than is generated by traffic
on .nearby streets.
5. Barbecue Policies
Barbecues have been handled in the past with use permits as temporary
or intermittent uses, on a case-by-case basis. The commission may wish
to adopt a policy resolution, or amend the Zoning Regulations, to
establish standards for outdoor barbecues citywide
The policy could be based on Section 17. 08.090 of the Zoning Regulations
(attached) , which requires a use permit for "selling outdoors items
usually sold indoors" . The policy could address the following factors:
i
- Appropriate limits on hours and frequency of operation.
- Setbacks from streets and other property lines.
- Smoke filtration system requirements, based on setbacks and
frequency of operation.
OWN a--
A 74-89
Page 5
- Annual review requirements.
- Applicability of parking and restroom requirements.
The commission may wish to provide general direction to staff in
scheduling such a policy resolution or ordinance amendment for future
hearings.
6. Other Issues
City Fire and Building Codes make no special requirements for an outdoor
barbecue facility, if it is at least ten feet from any building.
Restrooms are required for employees at either temporary or permanent
food preparation operations. Restrooms for customers are required only
where the seating capacity exceeds ten persons.
7. Summary
The continued operation of the barbecue is cited as a desirable and
appropriate business by the applciant and his patrons; it is
characterized as a nuisance by the complainant and his patrons.
Technical means are available to reduce the degree of nuisance.
Staff sees increasing requests for this type of operation city-wide
ALTERNATIVES
Condition No. 3 states that the Hearing Officer may "add, delete, or
modify conditions of approval or may revoke the use permit" at a review
hearing. The commission, in acting on the appeal, has the same
procedural alternatives.
RECOMMENDATION
Staff recommends the commission deny the appeal, and uphold the Hearing
Officer's action to allow the barbecue operation to continue subject to
the findings and conditions as approved February 15, 1991.
Attachments:
vicinity Map
Site Plan
Letter of Appeal
Letter of Complaint
APCD Letter
Zoning Regulations Exceprts
Use Permit Findings and Conditions
Administrative Hearing Minutes
Letters Opposing Use Permit
Letters and Petition Supporting Use Permit
(Note:Due to volume of correspondence, selected letters are
attached; other letters will be available at Community
Development Office and at hearing. )
ARC M&I Plans gtsd:A7489Pc.WP
3
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SAN LUIS OBISPO, CA 93401
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cityOf San WIS ORIS
. 990 Palm StreellPost Office Boz 8100 • San Luis Obispo, CA 93403-8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I . Chapter-
1_:20 of the::San Lula Obispo Municipal Code, the undersigned hereby appeals
from the` diidlslon of USE YERm�T A 955-89 rendered
on 3vHIE, 1X, �qq� which decision Consisted of the following ( i.e.
set forth 'factual situation and the grounds for submitting this appeal .
Use: addI tlonal sheets as needed) :
The undersigned discussed the decision being appealed from with:
on
DATE fi TIM APPEAL RECEIVED: Appellant:
M_ �cHREC. GNARL.ES__
Name/Title
VIS C.
21Representative
JAN 1991
C1TY CLERK �.t�. l�ok 31 O5 S Awe �.u•!S_ a�9 p
mom IRA Address
a ; 30yft - 5140
Phone
Original for City Clerk
Copy to City Attorney
Cal n red :for; _-
- __ _ _ Copy to City Administrative Officer V
Copy to he following department(s) : L,.
LM
City.Clerc - —
June 21 . :L9I:%7
City Council
City of San Luis Obispo
Post Office 81.uu
San Luis Obispo. Ca 9403-610u
Subiect: Appeal the Decision of Use Permit A
rendered June 12. 1991
1 would like to appeal the decision of use permit A 74-8y
rendered on June 12 . 1991 . The owner or the Cork n bottle ( Randy
Estes. applicant/appellant ) was oranted a 6 month extension to a'
use permit that had been violated a maiority of the time.
The aoDlicantiaopellant had been iervall•, warned . warned it
writing and attended a formal review hearinq . on 19ay 17 . 1.491 . in
which a hearing officer again specifically told Mr.. E.stes not to
violate his use permit . the hearing of-. .icer told Mr . Estes ih
detail that he could not operate his barbecue outside the hours of
10:30 to 1 :50. that he could not have a sandwirh board disolaye%j
nor could he provide chairs and tables for his CUStomerS use.
The planning staff contirmed that •,ic,lation et the use r,ermit
having occurred as late as June oth. Also a member OT the I 'lonnln;,
Commission observed a violation of the use permit as late as or,(---
day
neday before the Plannina Lommission meeti.nci on June 1:' . ly5'1 .
Atter so many violations over so lona a Uerioa OT time. aTter
so many verbal and written warninas and a Tnrmal hearinq . , t would
appear that the aoDlicantiappellant Purposely violated the use
permit without any regard Tor the law.
For performing all these violations the apblicantiarpellant
was rewarded with a 6 month extension Ot his use oerm.7.t that had
expired . 1 feel this sends the wrong message to the community .
There are also other issues that should be Iouik.ed at
separately :
A. Smoke: the smoke urndii( Rn by the narbecuo is an
environmental and health concern .
-Code 17. 18.040 8 uses shall be conducted to urevent dust
or other airborne material Trnm irussinu prnber line ( URU
941-1 part ) : prior rode-92V2.6 ( U ) .
-1 have customers who no longer r.an i,arK cin the side crT
the buildina where the barbecue is located . necause
arease is deposited on the winrlows c.ct rneir cars and thc=
smoke irritating to their lungs .
1
5..1� �F ! - n,�y� �� z ?I:. d.•.4 � ) iKY. �, Si 1:�1�.1��?n d� yr
' 4 lr Th h.•+'^ syNx 5.,,'L ?'` .it k 74 °9. °/5 ,++ .tiA� u
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moketrnm a business shouIa lint be olluwerf to orrend 7 F"
another business mistomer-s,.
k
r t- •a.'r T t c j vS
P4 A 's•:
15 v'es t en t. wn the C,1 tY<7
it 4`.KY .t .. `ii`,yJ•�, 1
` E1 Polo Loco is anexamole fir a 6usllCE:ss Chef madeM1.an'� ;.
investment In 6afhrooms oarkiny and hood devises that '�y�tl 'I;
not_a.11ow smoke to of`feid surrounJiin4 businesses: ( Mese
v- �investmen.ts ao.pear not to have. been rii-mvid'e l by tehe +
appiicantiappellant. Perhaps th-is cumpet- .tive auvantage
Polo . L-.oto went c-iut nt business: -
,
l:It .'t'heCity of San Luis U6itfI allows b:us-inesses
ooerate in the .areY area of nue Lodes; the I i.t"r' mar
Atraet new business that are wi 11 inti ho 5penif fne �moner
h .I : .or arc hi ted turaI I appEa_I ina bul IU.1ii_ys bar,nruums., r I
; uarkih9 anti odrf,iC'ipation In c ir.r oromciAaor..
Thank: You
f
I°lich�aels Lharles
San' Luis lUbispci;, Ga
541
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P.O.Bos 3109
790 room ill Slyd.
275 Madonna Road
San Luis Obispo. G 93403,109
February 14 ; 1991 RECEIVt1.
Greg Smith FEB 141991
City of San Luis Obispo
bW
Zoning Officials
atr�sa"Mpo
990 Palm Street
San Luis Obispo, Ca 93403
Dear Mr . Smith,
Ply name is Michael Charles. I am the owner of McDonald ' s
Restaurants in San Luis Obispo. This letter is concerning the
possible issuance of "Use Permit Application Number 74-89" whicn
wuuld allow Cork N Bottle ( next to McDonald ' s) to BBO f=_nt
Nroducts.
During the past. year we have had to endure many unnecessary
hardship' s, annoyances and diacomfurta caused Gw the pAimm rcial
uutdoor barbecuing that takes place next door at the Cork N Bottle .
I will list the category ' s the negative effects and problems the
Lummercial outdoor barbecuing. causes to my customers, myself ant
my business .
California Air Pollution Control Laws :
Summary quotes will be taken from California Air Pollution Control
Law " Health and Safety Code" 1989 edition :
1 . Code #41700 Emission Limitations. Except as otherwise provided
in Section 41705, no person shall discharge from any source
whatsoever such quantities of air contaminants or other material
which cause injury , detriment , nuisance, or annoyance to any
considerable number of persons or to the public, or which endanger
the comfort, repose, health, or safety of any such persons or the
public, or which cause, or have a natural tendency to cause, injury
or damage to business or property .
2. Rule 402 Nuisance. A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material
which cause injury , detriment , nuisance or annoyance to any
considerable number of persons or to the public, or which endanger
the comfort , repose health or safety of any such persons or the
public, or which cause or have a natural tendency to cause, injury
or damage to business or property .
L4
P.O.B*x 3109 .
790 Foothill Blvd
U5 Madonna Road
6 Obispo, CA 934034109 .
February i4; 1991x .
Page 2
3.1 ;Ruae' 403 Particulate Matter Emission Standards.
A. Par'�tliCulat6i Matter. Except as otherwise provided in Rule 403.
C. T- a, 'per--son shall not discharge into the atmosphere from any
sour.-ce., particulate matter in excess of 0.3 foot
of :dry% g_as at standard conditions. grains per cubic_
T.h. ere. have. been other complaints listed with the Air Pollution.
Contro! bist.r-i:e"t concerning the commercial outdoor barbecues..
Smoke
Smoke from the commercial barbecue next door blows into my store
carrying Par-_ti.cu.late Matter and odors which irate the eyes and
noses of my customers and employees creating a nuisance.
Smoke ' from the commercial barbecue coats my windows and bui.ldind
wi.t'h .gr,ease and sooty particulate matter which requires me to clean
my windows two to three times more frequently than is necessary .
This places financia.1 hardship on my business and unnecessary use.
of water during this time of water- conservation .
Smoke causes damage to businesses and property .
This . - smoke will also require me to repaint my building more:
frequen`tl.;) to cover the particulate matter that is deposited on my
bu°i-ld,ing ..from the smoke.
Bathrooms
There are no public bathrooms provided for any customer at the Cork
N Bo•tfle may serve. There is no where even to wash their hands.
Be.caus'e there are. no bathrooms provided to their customers, they
rtmust u_se other neighboring business bathrooms. This unfairly
pl',aces e_xce.ss, hardship' s on surrounding businesses . I .E . )
Neighboring businesses 'do not make its water allocation and is
fired because barbecue customers use the neighbor businesses
bathroom-.:
Safety
Ther e is nothing around the barbecue to prevent a child or adult
from being burnt . There is no secured area to prevent this.
Grease fires that leap 3 feet in to the air ignited from dri.pping
grease .can burn someone or set the building on fire.
e c ga.nai�s
P.O.Baa 7109
790 Foothill Blvd
275 Madonna Road
Ban Luis Obispo, G 97107.5109
February 14, 1991
Page 3
Signage
Non authorized signage is also used in conjunction with barbecuing ,
ie. ) a large a frame chalk board located at front of Cork N Bottle.
In summary I hope the council and planning department denies the
right for a commercial barbecue, in a open and environmentally
concerned city such as San Luis Obispo.
Sincerely ,
Michael Charles
owner/operator
—1
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'7 ♦ 0. _ \.:
SAN LUIS OBISPO PLANNING COMMISSION
RESOLUTION NO. 5061-91
WHEREAS, the Planning Commission of the City of San Luis Obispo did
conduct a public hearing in the City Council Chamber of the San Luis Obispo City Hall,
San Luis Obispo, California, on June 12, 1991, pursuant to a proceeding instituted under
application No. A 74-89 by Cork 'n Bottle (Randy Estes), applicant.
USE PERMIT REQUESTED:
To allow a temporary outdoor barbecue.
PROPERTY DESCRIPTION:
On file in the office of Community Development, City Hall.
GENERAL LOCATION:
774 Foothill Boulevard.
GENERAL PLAN LAND USE ELEMENT:
Neighborhood Commercial.
PRESENT ZONING:
C-N.
WHEREAS, said commission as a result of its inspections, investigations,
and studies made by itself, and in behalf and of testimonies offered at said hearing, has
established existence of the following circumstances:
1. The proposed temporary use will not adversely affect the health, safety or welfare
of persons living or working at the site or in the vicinity.
2. The temporary use is appropriate at the proposed location and will be compatible
with surrounding land uses.
3. The proposed temporary use is exempt from environmental review.
� �a-7
Resolution No. 5061-91
Use Permit A 74-89
Page 2
NOW, THEREFORE, BE IT RESOLVED that application No. A 74-89 be
amended subject to the following conditions:
1. Hours of operation shall be limited to Tuesdays, Wednesdays, Thursdays and
Fridays from 10:30 a.m. to 1:30 p.m.
2. Use permit shall expire in six months (December 12, 1991). All equipment shall
be removed on or before that date unless permanent approval is obtained.
3. At any time the Hearing Officer may review the use permit if reasonable written
complaints from citizens or the Police Department are received by the
Community Development Department. The Hearing Officer may add, delete, or
modify conditions of approval or may revoke the use permit at that time.
4. Bunting strips, flags, banners, balloons, sandwich board signs, or other similar
attention-getting devices shall be prohibited.
5. Applicant shall enforce the prohibition of alcohol in parking lot or outside of
buildings on the premises.
6. Applicant shall comply with all Air Quality Management District Rules and
Regulations.
7. Only take-out food sales are allowed. No sit-down dining on-site shall be
allowed.
The foregoing resolution was adopted by the Planning Commission of the City of
San Luis Obispo upon the motion of Commr. Gurnee, seconded by Commr. Peterson,
and upon the following roll call vote:
AYES: Commrs. Gurnee, Peterson, Karleskint, and Williams
NOES: Commrs. Kourakis, Schmidt, and Hoffman
ABSENT: None
Arnold B. Jonas, Secretary
Planning Commission
DATED: June 12, 1991
AIR POLLUTIU& CONTROL DISTRIC
COUNTY OF SAN LUIS OBISPO H.
2156 SIERRA WAY,SUITE B -SAN LUIS OBISPO,CALIFORNIA 93401 -(805) 549-5912
t
June 11, 1991
tKtl:tl v c1
JUN 1 1 1991
Mr. Greg Smith
City of San Luis Obispo, Planning City arSan LwaomwC
990 Palm
San Luis Obispo, California 93401
SUBJECT: City of San Luis Obispo Planing Commission Hearing
Use Permit A 74-89, Cork'N'Bottle
Citizen Complaints and District Nuisance Policy
Dear Mr. Smith:
We have initiated an evaluation of a potential environmental problem at the
Cork'N'Bottle, 774 Foothill Boulevard, San Luis Obispo. The District has
received and investigated complaints regarding the open BBQ located at the
Cork'N'Bottle facility.
Since February 13, 1991, and to date, the District has received 30 complaints
specific to Cork'N'Bottle and one general complaint regarding smoke emissions
from BBQ's in the city (copies enclosed) . However, District inspectors have
not confirmed specific continuing problems with the smoke.
According to our records-, incidents associated with the facility do exceed the
criteria -for District action to prevent continuance of a nuisance. The
District's Enforcement Policy and Procedures for Violation of Nuisance
Regulations is enclosed for your information.
APCD Rule 402. , Nuisance, and California Health and Safety Code Section 41700,
prohibit the discharge of air contaminants which cause injury, detriment,
nuisance or annoyance, or which endanger the comfort, repose, health or safety
of any considerable number of persons or of the public.
In the past, the District has not chosen to regulate open, outdoor BBQ's
through the District Rules and Regulations. While these sources may contribute
to the general air quality problem, and individually can create their own
unique problems, we have felt that the question of community choice is of
importance as well; the atmosphere of this type of dining, such as at Farmer's
Market and in other settings, may be desirable (no pun intended) . We have
tried to avoid imposing additional, possibly impossible standards that affect
all such equipment countywide. The City may want to consider addressing BBQ's,
and their potential nuisance problems, through its general land use powers,
with City enforcement of any conditions imposed.
wvtlee oaoel
page
Cork'N'.Bottle
June 11'". 199.1
The District;.suggests resolution. of the Cork'N'Bottle issue through the.
Planning •Commission Hearing process on the Use Permit. It appears that. the =
permit :,conditions are written to prevent continuance of a nuisance. This
.approach is likely to be much quicker, more certain for the City and the
citizens,...and. less resource intensive., than relying on an APCD nuisance action.
Thaiik:;you: for your cooperation in this matter. If you have questions or
concerns please contact me at 549-5912. If you feel it is critical that an
APCD representative be at the hearing please let me know right away.
Very truly yours,
ROBERT W. CARR, Director
Enclosures .
.r
JUN 12 '91 15:44 SLO CHAMBER OF COMMERCE -P.2/2
San Luis Obispo Chamber of Commerce
1039 Ctiorro Street • Sar Luis Obispo, •lit a
rni Ce o a 931 0
(805) W-1323 • FAX (805) 543.1255
David E. Garth, Executive Maragcr
June 12, 1991
KECENa.
Planning Commission JUN 121991
City of San Luis Obispo
P.O. BOX 8100 City of San Luis OOrsr
Sari Luis Obispo, CA 93406-8100
Dear Planning Commissioners:
I am writing this letter in reference to the two BBQ items
on your agenda this evening. The Chamber is concerned about
the disputes primarily because we believe outdoor BBQ's are
an integral part of our community's particular character.
From the Thursday *light Downtown events to ongoing BBQ' s for
celebrations and civic functions, we see BBQ' ing as a part of
our community' s fabric and something which should be
preserved.
We hope that Mr. Estes' and Mr. Martin' s errors in abusing
the terms of their use permits can warrant reprimand rather
than a complete revocation of permits. We understand
that the use permit conditions have not been met, but feel
this is a matter which can be resolved with some penalty
short of complete revocation.
On the larger issue of permanent BBQ installations, we would
like to offer the assistance of the Chamber in creating a
group of concerned businesses, health department officials,
City staff, residents, and any other approriate
representatives to devise a draft set of reasonable
• recommendations. We have found this process useful in the
past on such issues as fire sprinkler retrofits, toxic
material fees and similar issues which appear to pit
government against business. We hope that you will defer a
decision on BBQ ' s until such a group can be created and work
together to devise a system with equity for all parties.
We would be happy to quickly undertake work on such a
project and in the meantime ask your help in creating a
workable solution .or Mr. Estes, Mr. Charles and Mr. Martin.
Best regards,
Maggie Cox
Director of Government Affairs
ACCRBDIT90
Wig-
ea
Chapter 17.18 1(part),1982 prior code-9202.6(E))
PERFORMANCE STANDARDS 17.18.060 Heat.
Sections: No activity shall be conducted which causes radiant heat
or a.stream of heated air resulting in a temperature
17.18.010 Noise. increase of more than twenty degrees Fahrenheit at any
17.18.020 Vibration. property line or any public right-of-way. (Ord.941 -
17.18.030 Illumination. 1(pan),1982: prior code•9202 6(F))
17.18.040 Air Contaminants.
17.18.050 Discharges to water or public sewer system. 17.1&070 Solid waste.
17.18.060 Heat.
17.18.070 Solid.Paste. Solid wastes shall be handled and stored so as to prevent
17.18.080 General and special conditions. nuisances and fire hazards. Suitable containers shall be
provided to prevent blowing or scattering of trash by
animals. (See also Chapter 8.04) (Ord. 941 - 1(part),
17.18.010 Noise. 1982: prior code-9202.6(0))
A.No useshall be established nor any activity conducted 17.1&080 General and special conditions.
which violates the standards of the noise ordinance
(Chapter 9.12 of this code). (Ord. 1102- 1 Ex. A(13), These performance standards are general requirements
1987:Ord.941-I (part), 1982:prior code-9202.6(A)) and shall not be construed fo,prevent the director,
council, planning commission, or architectural review
17.1&020 Vibration. commission from imposing,as pan of project approval,
specific conditions which may be more restrictive, in
Subject to the exceptions in subsection C of Section order to meet the intent of these regulations. (Ord.941
17.18.010, no activity shall be conducted which causes -I(part),19M- prior code-9202.6(H))
groundribrationsperceptible atthe property line.(Ord.
941-I(part), 1982. prior code-9202.6(B))
17.18.030 Illumination.
No lighting or illuminated device shall be operated so as
to create glare which creates a hazard or nuisance on
other property. (Ord.941 - 1(part),1982. prior code-
9202.6(0)
17.18.040 Air contaminants.
A. No use or activity shall be conducted without first
obtaining anyrequired permitfrom the county air pollu-
tion control district
B. Uses shall be conducted to prevent dust or other
airborne material from crossing property lines. (Ord.
941-.1(on), 1982: prior code-9202.6(D))
17.18.050 Discharges to water or public sewer system.
A. Discharges to groundwater or waterways, whether
direct or indirect,shall conform with the requirements
of the Regional Water Quality Control Board and the
California Department of Fish and Game.
B.Discharges to the city sewer system shall conform to
Article II of Chapter 13.08 of this code. (Ord. 941 -
shall determine the extent to which any permanent
1. A permit for gathering in a public place as may be parking and other facilities provided for permanent uses
required by Section 12.20.010 and prior code Section on the site may satisfy the requirements for the proposed
4260(repealed by Ordinance 977)has been obtained; use.
2.All activities are conducted in conformance with the The director may refer the proposed use to the Planning
performance standards as set out in Chapter 17.18 of this Commission for action. (Ord. 1102- 1 Ex.A(3) (part),
code;and 1987;Ord.1085-1 Ex.A(part),1987;Ord.941-1(part),
1982:prior code-9202.1(A))
3.Such uses shall not be conducted for more than seven
eonsecuuve days. 17.08.020 Mineral extraction.
F. Mobile Home as Temporary Residence at Building Minerals,hydrocarbons,and soil may be removed in any
Site. Upon written approval by the building official,a zone,provided a use permit is approved by the planning
mobile home, trailer or recreational vehicle may be commission. In addition to the requirements which the
parked on a lot and occupied by the lot owner while he/ planning commission may impose for the activity itself:,
she is building a dwelling on the lot for his/her own there may be'requirements that the site be restored or
occupancy. The mobile home or vehicle shall be con- rehabilitiated in furtherance of the purposes of these
nectedtothe city sewer system orshall beself-contained, regulations. (Grading carried out in conjunction with a
with disposal contracted for. Approval shall be' for construction project need not obtain use permit ap-
renewable six-month intervals,not to exceed a total of proval, but shall comply with the grading ordinance
eighteen months. codified in Chapter 17.78.) (Ord. 941 - i (part), 1982.
prior code-92021(B))
G. Construction Activities. Construction and demoli-
tion,including fabrication of building components and 17.08.030 Service stations.
other activities normally associated with property devel-
opment and maintenance, may be conducted in any Service stations are permitted as specified in the zone
zone,provided they are pursued according to plats and district regulations,subject to the following conditions:
procedures approved by the chief building official.
A Premises adjoining residential zones shall be screened
H. Educational Conferences. Student housing com- from such zones by a six-foot-high landscaped visual
plexes normally occupied for part of the year may be barrier,subject to the limitations of Section 17.16.050,
used during their vacant periods for educational confer- Fences,walls and hedges.
ences provided an administrative use permit is approved
by the director. The occupancy of such facilities during B. Street frontage between driveways shall have a low
educational conferences shall not exceed the maximum wall or other landscape barrier to prevent vehicles from
established by any prior city approval for residential being driven or parked on the sidewailc.
occupancy.
C. Bells or other sound signals shall be turned off be-
L Other Temporary/Intermittent Uses. A temporary tween ten p.m.and seven am.if the station is adjacent to
use is one which is established at a particular location for a residential zone.
less than one year. An intermittent use is one which
occurs no more than 60 days in a year and for no more D.Pump islands shall belocated at least fifteen feet from
than seven consecutive days,but which may continue any street right-of-way line or setback line,except that
from year-to-year. Upon approval of an administrative cantilevered roofs may extend to a point at least five feet
use permit, the director may approve temporary or from such lines.
intermittent uses which are compatible with their sur-
roundings and otherwise cwnsistentwiththe purposesof E. Repair work shall be done and dismantled vehicles
these regulations. shall be stored inside a building or area screened so that
it is not visible from off the premises. (See also Chapter
Temporary orintermittentretailsalesshallbelimited to 17.18, Performance Standards and Section 5.36.020,
the types of retail sales allowed by the locations zone. SERVICE STATIONS, Alcoholic beverages - Sale
prohibited - Exceptions.) (Ord. 1085 - 1 Ex. A (part),
In approving a use permit for a temporary or intermit- 1987;Ord.1006-1(part),1984:Ord.941-1(part),1982.
tent use, the director shall establish requirements for prior code-9202.1(C))
parking and other facilities to serve the use.The director
11 4 -033
&Print shop;
9. Gun'or ammunition sales, including by mat? order.
4.They shall not obstruct private pedestrian walkways;
a minimum of forty-four inches shall be kept clear of
(Ord.1102-1 Fac.A(4),1987;Ord.1006-1(part),1984: obstructions,or more if pedestrian traffic volume war.
Ord.941-I (part), 1982: prior code-9202.1(D)) rants They are not allowed on public sidewalks. (Ord.
17.08.050 Public utilities. 941 -1 (part),1982: prior code-9202-1(I))
A Distribution facilities may be located in anyzone; 17.08.090 Outdoor sales.
provided,that equipment on the ground in residential A'Outdoor sales'means the business ofsellingoutdoor
zones shall be screened by landscaped visual barriers. items usually sold indoors,such as flower or vegetable
stands, sales from vehicles, or swap-meets. Outdoor
B.Transmission lines may be located in any zone,pro- sales may be temporary, intermittent, or permanent
vided the rome is approved by the planning commission. "Outdoor sales`do not include incidental outdoor dis-
plays of merchandise associated with a business occupy-
C Other unmanned public utility structures may be lo- ing a building on the site,nor sale of things usually sold
cated in any zone,provided an administrative use permit outdoors,such as building or landscape materials. (See
is approved by the director. (Ord.941-1 (part), 1982: also Chapter 5.16-Solicitors and Peddlers and Chapter
prior code-9202.1(E)) 5.48-Sales on Streets and Sidewalks).
17.08.060 Sums. B. Outdoor sales require approval of a use permit.
Where sale of a particular type of merchandise is al-
Signs may be located in any zone subject to the limits- lowed or allowed with administrative use permit ap-
tions of the sign regulations. (Ord.941.1(part),1982: proval,outdoor sale of that type of merchandise may be
prior code-9202.10) allowed upon approval of an administrative use permit.
Where sale of a particular type of merchandise is al-
lowed Cemeteries and mausoleums. lowed upon approval of a use permit by the Planning
Commission,outdoor sale of that type of merchandise
Upon approval of a use permit by the planning commis- may be allowed upon approval of a use permit by the
sion,cemeteries and mausoleums may be established in planning Commission (see Section 17.22.010 - Uses
any zone. (Ord. 941 - 1 (pan), 1982: prior code - Allowed by Zones).
9202.1(0))
C Parking requirements, setbacks to sales or storage
17.08.080 Vending machines. areas,safety and aesthetic screening and other develop-
ment standards usually related to buildings shall be
A.A 'vending machine'is a device which dispenses a established by use permit approsaL (Ord. 1102. 1 Fix
product or service,either for sale or for free,and which A(3)(part), 1987)
is activated entirely by the receiver of the product or
service,including ice machines,cigarette machines,food 17.0&100 Concurrent sales of motor fuel and alcoholic
vending machines, and newspaper racks and the like. beverages.
Vending machine does not include a motor fuel pump.
Concurrent-sales of alcoholic beverages other than beer
B. Indoor vending machines are accessory to allowed and wine are prohibited.The concurrent sales of motor
uses. Outdoor vending machines are allowed in all fuel and beer or wine at a single premises or retail outlet
commercial('C)zones. shall be subject to the following:
L.Vending machines shall be located along the face of A There shall be no sales of beer or wine for on-site
building or against a structure designed to accommo- consumption;
date them;
B.Beer and wine may be sold only in conjunction with
2. They shall be visible from access drives or public selling groceries and other sundries and convenience
streets; items;
3.They shall occupy not more than ten percent of the C.Noconeurrent-sales outlet shall be established within
length of the wall facing the street or access drive, or 1,000 feet of any other establishment selling or serving
twenty feet,whichever is less; alcoholic beverages;
13 .3l
��� ������ii�fl�►�►IIIII�IIIIh�'��►►�����Al IIIcity of sAn WIS OBISPO
ga
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100
May 23, 1991
Randy Estes
774 Foothill Boulevard
San Luis Obispo, CA 93401
SUBJECT: Use Permit Appl. A 74-89
774 Foothill Boulevard (Cork 'N Bottle)
Dear Mr. Estes:
On Friday, May 17 , 1991, I conducted a public hearing to review and
possibly revoke an approved use permit allowing temporary outdoor .
barbecue, at the subject location.
After reviewing the information presented, I approved continuation
of the use., based on the previous findings and subject to the
previous conditions, as follows:
Findings
1. The proposed temporary use will not adversely affect the
health, safety or welfare of persons living or working at the
site or in the vicinity. .
2 . The temporary use is appropriate at the proposed location and
will be compatible with surrounding land uses.
3 . The proposed temporary use is exempt from environmental
review.
Conditions
1. Hours of operation shall be limited to Tuesdays, Wednesdays,
Thursdays and Fridays from 10: 30 a.m. to 1: 30 p.m.
2. The Hearing Officer shall review the temporary use permit in
12 months (February, 19914 . The Hearing Officer may add,
delete or modify conditions of approval or may revoke the
permit at that time.
3 . At any time the Hearing Officer may review the use permit if
reasonable written complaints from citizens or the Police
Department are received by the Community Development
Department. The Hearing officer may add, delete, or modify
conditions of approval or may revoke the use permit at that
time.
L4 ',15
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- 1
A 74-89
Page 2
4. Bunting strips, flags, banners, balloons, sandwich board
signs, or other similar attention-getting devices shall be
prohibited.
5. Applicant shall enforce the prohibition of alcohol in parking
lot or outside of buildings on the premises.
6. Barbecue opeations shall not occur on more than 60 days during
any 12-month period.
7. Applicant shall comply with all Air Quality Management
District Rules and Regulations.
S. Only take-out food sales are allowed. No sit-down dining on-
site shall be allowed.
• My decision is final unless appealed to the Planning Commission
within ten days of the action. An appeal may be filed by any
person aggrieved by the decision.
If the use or structure authorized by this use permit is not
established within one year 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 Greg Smith at 549-7174 .
Sincerely,
Ren Bruce
Hearing Officer
drs
ADMINISTRATIVE HEARING - MINUTES
FRIDAY MAY 17, 1991
774 Foothill Boulevard. Use Permit Appl. A 74-89; Review and
possible revocation of an approved use
permit allowing temporary outdoor
barbecue; C-N zone; Randy Estes (Cork IN
Bottle) , applicant.
Greg Smith .presented the staff report, explaining that this hearing
is to review a use permit which has previously been approved, and
conditions which were amended on February 15, 1991. He noted that
the applicant has recently applied for permits to install a
permanent barbecue location, but the application is incomplete,
lacking information regarding equipment to filter the smoke and
grease emitted by the barbecue. He indicated staff's
recommendation, with regard to operating on an intermittent basis
as approved on February 15th, would be to recommend approval of
continuation of the use, since the preliminary application for
permanent barbecue facility is a good faith effort in compliance
with permit requirements. He noted that the city has received
information regarding violations of two conditions of the permit,
that being condition #1 which limits hours of operation to Tuesday
through Friday, 10: 30 a.m. to 1:30 p.m. Seating facilities have
also been observed by staff, which is prohibited by condition #8.
He also noted that the city has received complaints from
approximately 10 individuals who are opposed to the barbecue
operation, and that approximately 30 individuals sent in letters
supporting the operation.
The public hearing was opened.
Randy Estes, applicant and owner of Cork IN Bottle Liquor Store,
spoke in support of the request. He explained that, in regards to
the hours of operation, he lights the barbecue prior to 10:30 a.m. ;
somewhere between 9: 30 and 10: 00 a.m. He admitted that on several
occasions he has probably had food on the grill and people lined
up to order at 2 p.m. He explained it is difficult to quit serving
right 1: 30 when the food has already been put on the grill. He
also felt it is difficult to tell people it is too late to place
an order. He noted that near the end of the allowed cooking time,
the fire. is not as hot because he doesn't put a lot of wood in the
pit since it is a waste of wood. Since the fire isn't as hot, the
grill needs to be lowered, and the last batch of food takes longer
to cook. He mentioned that he has applied for a permanent permit
to barbecue, and that he is trying to control the smoke.
Mr. Estes noted he has a copy of a letter from the Air Pollution
Control District which states they feel the smoke is not a problem.
He felt that if he puts a hood over the pit, which he wants to do,
it will look attractive as well as serving the purpose of
Ll _3�
Administrative Hearing Minutes
May 17, 1991
Page 2
controlling the smoke and grease. Regarding the seating, Mr. Estes
said the city ordinance states that if there is seating of ten or
less, public restrooms are not required. That is why he had a
limited amount of seating. Mr. Estes said that Mr. Charles'
(McDonald's Restaurant) concern about barbecue customers using
McDonalds restroom facilities, hence running up the water
allocation, was a valid concern. Mr. Estes said he posted a sign
asking his patrons to not use the McDonald's restrooms. He also
felt that 75% of his business is takeout, and determines this by
the fact that the parking lot is never- full.
Ken Bruce explained that one condition of approval reads "Only take
out food sales are allowed. No sit down dining on-site shall be
allowed. "
Randy Estes said he was under the impression that when he applied
for the permanent restaurant permit, that he had the city's
approval, but Greg Smith had told him otherwise.
Ken Bruce asked what would happen if he were a customer and asked
to use their facilities to wash his hands.
Randy Estes said that the Health Department wouldn't allow it,
since they are not a public facility.
Ken Bruce said that one person that filed a complaint said there
is a sandwich board sign on the sidewalk most of the time. He
noted that condition #4 of his approval specifically prohibits the
use of a sandwich board sign, and asked for Mr. Estes ' comments on
that.
Randy Estes responded that there is usually a sandwich board sign
on the premises, and that he was told by the Planning Division that
he was allowed a 12-foot x 4-foot sandwich board sign, and said he
had it in writing.
Mr. Estes stated he has a large number of signatures from the
county office workers and other patrons, in addition to a number
of letters from neighbors supporting the barbecue use.
Ken Bruce verbalized the names of those who supported the use. He
also listed those who opposed the use. -He noted that this is not
a popularity contest and he is trying to make fair decision based
on public testimony, both verbal and written.
Randy Estes said that originally, the Sizzler Restaurant was
opposed to his use. He indicated that they now support it, but ,
would like to see him install some type of venting for the smoke.
He felt that McDonald's is the only neighboring property that
opposes this use.
L 3 �
Administrative Hearing Minutes
May 17, 1991
Page 3
Val Gillespie, 772 Foothill, said he supported the request. He
felt that if the visible pollutants are the only problem, then
neighboring restaurants should be reevaluated, since he has
observed smoke coming from the stacks of several of them. He also
noted that 28 condominium units were approved in the area which all
have fireplaces.
Sandy Gillespie, 772 Foothill, spoke in support of the use. She
felt that since barbecuing is occurring all over town, Mr. Estes
should be allowed to do it also. She noted the numbers are vast
on Thursday evenings, as well as on the weekends.
Mike Charles, McDonalds Restaurant, asked if all the correspondence
supporting the use addressed the issue of the barbecue or the
smoke. He noted that everyone likes barbecue, but that is not the
issue. He felt that smoke is the issue. He said he wished he was
upwind from the barbecue like the Gillespie's, but being on the
downwind side is a different story. He said he did not have a
problem with the business as competition, but the smoke is really
an irritant. Mr. Charles explained that at the last public hearing
he did not object to the use because he felt that 60 days per year
would be okay; that the hours of operation were reasonable; and
that it was something he felt he could live with. He said he
objects to the hours of operation not being adhered to, and that
other conditions of approval have been violated.
Mr. Charles also felt that the Air Pollution Control District had
told Mr. Estes to clean up the air. He said he was under the
impression that the APCD had not received enough complaints to call
the situation a nuisance, but it is by no means a "clean bill of
health. " He also said that if the barbecue pit could be relocated
so that the smoke did not come onto his property, he could possibly
change his feelings.
Thomas Stenovec said he was aware of this situation only because
he read about it in the newspaper the previous day. He said his
concern is that the whole city is beginning to look like a third
world street bizarre with people grilling on the corners and .all
the smoke and such. He said he has passed the barbecue on Foothill
Boulevard and felt the smoke was terrible. He felt the line needs
to be drawn somewhere, but he didn't oppose the Thursday night
activities and the barbecues that accompany it. He felt that if
it isn't stopped now, every business will have a barbecue use.
Randy Estes reiterated that he is trying to obtain a permit to make
this a permanent use. He asked that the 60-day per year limit
removed.
Mike Charles said he felt that "good faith" has not been shown on
LI
-31
Administrative Hearing Minutes
May 17, 1991
Page 4
the part of the applicant so far. He noted the applicant in the
past would start the fire in the barbecue on the back lot, then
roll it out to the front; now it is being started about 9 a.m. , and
using the starter fluid in addition to the smoke is a nuisance.
The public hearing was closed.
Ken Bruce said he was concerned about the proliferation of
barbecues that could possibly take place in the city. He compared
this situation to the City of Santa Maria where you drive down
Broadway Street any weekend and there is barbecue after barbecue
in all the parking lots. He said he did not feel this is
appropriate.
He noted that the issue being reviewed today is primarily whether
or not the applicant is in violation of their conditions of
approval or not, which he felt they are. He felt that condition
#1 limiting hours of operation, Condition #4 regulating signing,
and Condition 18 limiting food sales to take-out only have been
violated. Ken Bruce noted that according to information received,
the applicant has currently used 50 of the 60 days allotted for a
one-year time period, and these have been used since February. He
felt that although no violation has occurred as yet, the 60 day
limit is close and needs to be paid close attention to, or spread
out.
Ken Bruce approved continuation of the use permit, based on the
previous findings and subject to the previous conditions. He
placed the applicant on warning that if any conditions are
violated, the use permit will be revoked. In response to a
question from Mr. Estes, Mr. Bruce explained that no sit-down
dining is to occur at the premises, and this also includes the deli
use. He noted that the Air Pollution Control District indicated
that the generation of smoke and air particles, if it bothers
people, can be considered a nuisance; and a nuisance is classified
by the number of complaints received. He noted that the number of
complaints is close enough for concern. He commended Mr. Estes for
attempting to work up a hood system and scrubber system to try to
regulate the air particles and smoke.
Ken Bruce explained that Mr. Estes has applied for a permit to
allow a restaurant use at the site. If it is approved, new
conditions will be imposed, and conditions of this use permit will
no longer apply. As long as the use is classified as "retail
sales" (primarily the liquor store operation with deli sales as an
accessory use) , these conditions shall apply, as follows:
Findings
1. The proposed temporary use will riot adversely affect the
Administrative Hearing Minutes
May 17, 1991
Page 5
health, safety or welfare of persons living or working at the
site or in the vicinity.
2 . The temporary use is appropriate at the proposed location and
will be compatible with surrounding land uses.
3 . The proposed temporary use is exempt from environmental
review.
Conditions-
1. Hours of operation shall be limited to Tuesdays, Wednesdays,
Thursdays and Fridays from 10:30 a.m. to 1:30 p.m.
2 . The Hearing Officer shall review the temporary use permit in
12 months (February, 1991) . The Hearing Officer may add,
delete or modify conditions of approval or may revoke the
permit at that time.
3 . At any time the Hearing Officer may review the use permit if
reasonable written complaints from citizens or the Police
Department are received by the Community Development
Department. The Hearing Officer may add, delete, or modify
conditions of approval or may revoke the use permit at that
time.
4. Bunting strips, flags, banners, balloons, sandwich board
signs, or other similar attention-getting devices shall be
prohibited.
5. Applicant shall enforce the prohibition of alcohol in parking
lot or outside of buildings on the premises.
6. Barbecue operations shall not occur on more than 60 days
during any 12-month period.
7. Applicant shall comply with all Air Quality Management
District Rules and Regulations.
8. Only take-out food sales are allowed. No sit-down dining on-
site shall be allowed.
Ken Bruce explained that this decision could be appealed to the
Planning Commission within ten days of the action, by any person
aggrieved by the decision.
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