HomeMy WebLinkAbout12/01/1992, PUBLIC COMMENT - PALM THEATER MEETING AGEND� �
DATE 1_ITENI�1 �
MEMORANDUM
TO: Honorable Mayor and City Council
VIA: John Dunn, City Administrative Officer
FROM: Arnold Jonas, Community Development Director
DATE: December 1, 1992
SUBJECT: Palm Theater
I understand that Jim Dee, the owner of the Palm Theater, will
again speak to the Council tonight seeking City support to reduce
the number of movie screens (or perhaps eliminate them altogether)
that are planned for the new Copeland's project.
Mr. Dee raised this same issue at the September 15 Council meeting.
I subsequently communicated to him that current city regulations
allow the new theaters by right, and that we cannot restrict their
establishment. My letter was copied to the Council at that time.
For your information, I an attaching a copy of that letter.
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SAN LUIS OBISPO,CA
city Of SAn luis OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
September 30, 1992
Mr. Jim.Dee
280 Almond Street
San Luis Obispo, CA 94105
Dear Mr. Dee:
At the City Council meeting on September 15, 1992, during the public comment period, you
expressed concern that the imminent construction of a seven screen movie theater in the new
Copeland project would have a detrimental effect on the continued viability of your own Palm
Theater. I felt it may be helpful to you to have additional information regarding City land use
regulations applicable to the Copeland project.
All of the uses proposed for the Copeland project, including the movie theater, are allowed
outright by the Zoning Ordinance. That means that those uses can be established by right without
further review by the City. This also means that there is no further process available for appeal
or other challenge of their establishment. In this particular case City involvement was limited
to approval of the architectural style of the buildings, a mixed-use parking reduction, and
building permits.
The City does not regulate the number of similar uses which may occur within a zoning district
which otherwise permits the use. Similar to other local jurisdictions, City regulations have
focused on physical compatibility considerations, and health and safety issues. Economic
regulation through use limitation has typically occurred in redevelopment districts or special
purpose areas where overall development is under the control of a single entity.
T can certainly understand your concern for the additional competition represented by the new
theater, and the need for continued provision of a unique selection of films to retain your place
in the local market. However, I'm confident that if the current situation were reversed you
would appreciate the opportunity to prove your ability to compete in this market with minimal
obstruction from the City.
An idea which has been suggested, which you may want to consider, is for you to discuss your
situation with the Copelands, and to attempt to reach some mutually-beneficial understanding.
Agreement between private parties often makes more sense than an attempted regulation by the
City of marketplace competition, which is generally considered beyond the City's land-use
authority and an infringement upon private-sector activity.
Please let me know if I can be of further assistance.
Si sere.
Arnold & Jonas
Community Develop nt Director
c:. City Council
City Administrative Officer