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HomeMy WebLinkAbout08/15/2000, 1 - APPEAL OF PLANNING COMMISSION'S DECISION TO APPROVE USE PERMIT, U68-00, ALLOWING OUTDOOR SEATING FOR CROSSROADS LIQUOR/ DELI IN THE CROSSROADS CENTER AT BROAD STREET AND ORCUTT ROAD; 3165 AND 3211 BROAD, C-S-PD ZONE; JESSE NORRIS/MIKE & SO council 8 15-00 j acEnaa Report CITY OF SAN LUIS O B I S P O FROM: Arnold Jonas,Community Development Directo6ll� Prepared By: John Shoals,Associate Planner SUBJECT: APPEAL OF PLANNING COMMISSION'S DECISION TO APPROVE USE PERMIT, U68-00, ALLOWING OUTDOOR SEATING FOR CROSSROADS LIQUOR/ DELI IN THE CROSSROADS CENTER AT BROAD STREET AND ORCUTT ROAD; 3165 AND 3211 BROAD, C-S-PD ZONE; JESSE NORRIS/MIKE& SONIA HOOK-APPELLANTS. CAO RECOMMENDATION Adopt draft Resolution"A" upholding the appeal and denying, without prejudice, the use permit based on findings. DISCUSSION Situation On May 24, 2000, the Planning Commission approved a use permit allowing outdoor seating in conjunction with existing liquor store/deli at The Crossroads mixed use (commercial and residential) center. At that meeting, the Commission pointed out to the property owners that approval of the use permit would take up most of the remaining parking at the center,which would affect their ability to lease two commercial spaces that were vacant at that time. After hearing from the owner's representative that a lease had not been signed for the outdoor seating area, the Commission felt that they could act on the item and leave it to the property owner to determine if he should lease this outdoor space given the impact the use has on the center's parking. The property owner (Jesse Norris) originally consented to the use permit application, but has now realized that the outdoor seating area will take up a majority of the center's remaining commercial parking spaces and is appealing the Commission's decision. The Hooks, who own the half of the center at 3165 Broad Street,are also appealing the decision. Since the Planning Commission action, there have been several new developments at the center. Jesse Norris sold his half of the mixed-use center to Mr. and Mrs. Ron McIntosh,who have leased one of the formerly vacant commercial spaces (suite 201) to an insurance service office. The Hooks have leased the other vacant commercial space (suite 110) to an association office tenant. The owner of Crossroads Liquor and Deli installed a larger indoor seating area than was represented to the Planning Commission and City staff, which will require additional parking spaces for this use. The owners of the Cool Cat's Caf6 and Nucci's have applied for a use permit for outdoor seating. Based on this new information, it is recommended that the City Council deny the use permit (U-68-00) until the owners can develop additional parking for the primary commercial spaces and the outdoor use areas for Crossroads Liquor/Deli, Nucci's and Cool Cat's Restaurant. The CAO is recommending that the City Council uphold the appeal and deny, without prejudice, the use permit. This action would allow the applicant to re-apply in less than one year, if the 1-1 Council Agenda Report U68-00 (Brooking Appeal) Page 2 owners are able to resolve the parking issue. The Council could also continue this item to a date uncertain, or refer the matter back to the Planning Commission since there is new information that was not available to the Commission at the time of its decision. The Council should, however, be aware that these two options would require the project applicant and City to agree in writing to an extension of the project action time limits required by State Law (California Government Code, Section 65950). The original project action deadline was July 21, 2000. Planning Commission Action On May 24, 2000, the Planning Commission unanimously voted to approve use permit, U68-00, allowing outdoor seating for Crossroads Liquor and Deli based on findings and subject to conditions. The Commission expressed concerns that this approval would restrict the two vacant suites on the site from being occupied until required parking for those suites can be provided. The Commission considered continuing the item to allow the property owner time to address the issue, however after hearing from the property owners representative that a lease for the outdoor seating area had not been signed, the Commission felt that they could act on the item and leave it to the property owner to determine if he should lease this outdoor space given the impact the use has on the center's parking. Attachment 5 is a copy of the Planning Commission approval letter and resolution. Minutes from the Planning Commission meeting are included as Attachment 6. Attachment 7 is a copy of the Planning Commission staff report. Appeal Filed On May 25, 2000, the property owner appealed the Planning Commission's action citing the project's impacts on parking and his ability to lease the remaining vacant suites at the center. Jeff and Sonia Hook joined the appeal on June 9, 2000. Attachment 4 is a copy of the appeal form and letter. Evaluation The owners are appealing the Commission's decision for two reasons: they did not understand the implications the project would have on parking, and they did not know that the project would prevent them from renting empty office space. The property owners feel that the vacant commercial spaces should have priority over any optional outdoor seating or conditional expansion of restaurant uses. Staff would agree with the owners; however, it is not the City's role to establish leasing policies or parking strategies for landowners. The City does not require or encourage reserving or designating parking spaces for current or future uses. In staff s opinion, this practice is contrary to the basic concept of shared parking as used by this mixed-use center. It should also be noted that the Planning Commission approved a 25% parking reduction (10% for shared use and 20% for mixed-use) for The Crossroads in November 1999. Parking is usually allocated on a first come first serve basis. In this case, there was parking available for the outdoor use area because two of the commercial spaces were vacant. The Planning Commission and staff did inform the owner at the time of the public hearing(Jesse Norris) and his representative that this outdoor seating required additional parking and could affect his ability to lease the remaining vacant commercial spaces in the center. It is staffs understanding that these two commercial suites have been leased to an insurance service office and an associate office tenant. As noted earlier, the Commission felt that it was the responsibility of the propertx ovyner Council Agenda Report U68-00(Brooking Appeal) Page 3 to decide if he should lease this outdoor space to Crossroads Liquor and Deli given its impact on the center's parking. Staff is not sure why the owner has chosen to appeal this decision, rather than to work this issue out amongst them. According to Rob Strong, the McIntosh (like Jesse Norris)would like to find a way to accommodate the proposed outdoor seating patio. Staff feels that this would be a good time to bring the center's parking into compliance and to hopefully reduce the potential for current and future parking conflicts. There have been some recent developments at the center that wan-ants taking another look at parking. Nucci's and Cool Cat's Caf6 have been operating outdoor seating areas without the proper permits, but have since filed use permit applications for outdoor seating patios. The owner of Crossroads Liquor and Deli has installed a larger indoor seating area than was represented to the Planning Commission and City staff; which will require additional parking spaces for this interior space. Approved building plans call out an 80 square foot area, but a more than 200 square foot area has been installed. As originally approved, the liquor store/deli had a parking requirement of 19 spaces; with the larger indoor seating area and outdoor patio,it would have a parking requirement of 25 spaces. There are currently 103 parking spaces at The Crossroads. Assuming 100% occupancy, no outdoor seating areas and no expansion of the liquor store/deli, the existing center has a parking demand of 134 spaces (126 for commercial uses and 8 for residential uses). With the approved 25% parking reduction, the mixed-use center is required to provide 102 spaces (136 x 0.75 = 102). With the liquor store/deli expansion and the outdoor seating areas for Nucci's and Cool Cat's Cafe, the center would have a parking demand of 144 spaces (108 spaces with the 25% parking reduction). It should be noted that the owners have been researching ways to increase the available parking supply to for the primary commercial spaces and to allow outdoor seating patios for Crossroads Liquor/Deli, Cool Cat's Cafe and Nucci's. The first option would be to re-allocate two of the residential parking spaces to commercial uses. The residential uses require 8 spaces, but have 10 spaces in enclosed garages. The second option would be to modify the parking lot by re-striping stalls and relocating motorcycle spaces and bicycle parking towards the rear of the site. Re-striping the stalls in front of the liquor store/deli could possibly create one to two more spaces. A third option would be to request a bicycle or motorcycle parking reduction. City Code allows developments to reduce the required number of car spaces by providing additional bicycle and motorcycle spaces at a rate of one car space for five additional bicycle or motorcycle spaces. The fourth option would be to request an additional mixed use parking reduction from 25%to 30% (the maximum allowed by City Code). The former owner, Jesse Norris, had applied for an additional parking reduction with the Planning Commission, but withdrew the application in favor of creating physical spaces through parking lot modifications. Another option would be to have the owner of the liquor store/deli reduce his new indoor seating area to either match the 80 square feet specified on the plans or reduce it to less than 200 square feet, in which case it would be considered accessory to liquor store(the primary use). Staff has met with Rob Strong to discuss these options and feels that some of the ideas have merit and are worth pursuing. In particular, re-allocating two residential spaces to commercial uses, relocating some motorcycle spaces and re-striping in front of the liquor store/deli. It is estimated that these modifications alone could create between three and five new car spaces, which could satisfy the parking demands of the primary commercial suites and possibly the outdoor seating 1-3 Council Agenda Report U68-00(Brooking Appeal) Page 4 patios. Unfortunately, the current owners have not been able to agree on how to resolve the parking issue. CONCURRENCES The appeal of the Planning Commission's decision was not distributed to other City departments. FISCAL IMPACT None ALTERNATIVES 1. The Council may uphold the appeal and modify the conditions of approval. 2. The Council may continue discussion if additional information is needed. Direction should be given to staff and the applicant. ATTACHMENTS 1. Draft Resolution"A"Uphold Appeal 2. Draft Resolution`B"Deny Appeal 3. Draft Resolution"C"Deny Appeal, Refer Matter Back to Planning Commission 4. Appeal Letter 5. Planning Commission Approval Letter and Resolution 6. Minutes from Planning Commission meeting of May 24, 2000 7. Planning Commission staff report dated May 24, 2000 JShoals/CC/U 68-00(Appeal) 1-4 ATTACHMENT Resolution No. 5024-90 Use Permit U1486 Page 3 Video Tape Rental/Sales Of Small Appliances 1. A minimum of 5 parldng spaces shall be provided on the site at all times for this use. 2. Hours of operation shall be restricted to.the hours of 7:00 AM to 11:00 PM. Yogurt Shop 1. A minimum of 3 parldng spaces shall 'be provided on the site at all times for this use. 2. Hours of operation shall be restricted to the hours of 7:00 AM to 11:00 PM. 3. Any new refrigeration units and/or compressors shall be located on the inside of the building or on the roof of the building, and be screened from public view to the approval of the Community Development Department. The operation of such units shall comply with the noise standards contained in Section 9.12.060 of the Municipal Code, and shall not result in noise levels at the on-site residential units greater than those specified for residential uses in that section. 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. Billington, and upon the following roll call vote: AYES: Commrs. Gurnee, Billington, Hoffman, and Peterson NOES: Commr. Kouralds ABSENT: Commrs. Karleskint and Schmidt Arnold B. Jonas, Secretary Planning Commission DATED: June 27, 1990 1- 5 Attachment 1 Draft Resolution"A" RESOLUTION NO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION,THEREBY DENYING,WITHOUT PREJUDICE, A USE PERMIT TO ALLOW OUTDOOR SEATING IN CONJUNCTION WITH AN EXISTING LIQUOR STORE/DELI IN THE CROSSROADS CENTER 3165 AND 3211 BROAD STREET, U68-00 WHEREAS, the Planning Commission, on May 24, 2000, approved a use permit to allow outdoor seating in conjunction with an existing liquor store/deli in The Crossroads mixed- use center; and WHEREAS, Jesse Norris filed an appeal of the Planning Commission's action on May 26, 2000, and Mike and Sonia Hook joined that appeal on June 9, 2000; and WHEREAS, the City Council conducted a public hearing on, August 15, 2000, for the purpose of considering the appeal to the Planning Commission action on use permit U68-00; and WHEREAS, the City Council has considered testimony of the applicant/appellant, interested parties, the records of the Planning Commission hearings and actions, and the evaluation and recommendation of staff. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of use permit application U-68-00, the Planning Commission's decision, staff recommendation, public testimony, and reports thereof, makes the following findings: 1. Due to recent developments and new information provided at the public hearing, The Crossroads Center does not have adequate parking to support the establishment of an outdoor seating area for the Crossroads Liquor/Deli. 2. Approval of the use permit will exacerbate an ongoing parking problem at the mixed-use center. 1-5 ATTACHMENT 1 Resolution No. (1999 Series) Page 2 SECTION 2. Action. The appeal is upheld and the Use Permit, U-68-00 is denied without prejudice. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 15'day of August, 2000 Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: i 010 y e0j. Jorgensen Bhoals/MU68-00Uphold- 1-6 Attachment 2 Draft Resolution`B" RESOLUTION NO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION,THEREBY APPROVING A USE PERMIT TO ALLOW OUTDOOR SEATING IN CONJUNCTION WITH AN EXISTING LIQUOR STORE/DELI IN THE CROSSROADS CENTER 3165 AND 3211 BROAD STREET,U68-00 WHEREAS, the Planning Commission, on May 24, 2000, approved a use permit to allow outdoor seating in conjunction with an existing liquor store/deli in The Crossroads mixed- use center, and WHEREAS, Jesse Norris filed an appeal of the Planning Commission's action on May 26, 2000, and Mike and Sonia Hook joined that appeal on June 9, 2000; and WHEREAS, the City Council conducted a public hearing on, August 15, 2000, for the purpose of considering the appeal to the Planning Commission action on use permit U68-00; and WHEREAS, the City Council has considered testimony of the applicant/appellant, interested parties, the records of the Planning Commission hearings and actions, and the evaluation and recommendation of staff. BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of use permit application U-68-00, the Planning Commission's decision, staff recommendation, public testimony, and reports thereof, makes the following findings: 1. The proposed use will not adversely affect the health, safety and welfare of persons working or residing on the site or in the vicinity. 1-7 ATTACHMENT 2 Resolution No. (1999 Series) Page 2 2. The proposed use conforms to the General Plan and City Zoning Regulations because restaurants are allowed uses in the Service-Commercial zone (Chapter 17.22). 3. The proposed use is consistent with the Crossroad planned development (PD1437) and the Use Permit(U1390) approving a mixed-use commercial center. 4. Based on the an inventory of available parking spaces at The Crossroads, there was sufficient parking available for the outdoor use area at the time the Planning Commission took action on the use permit. 5. The proposed restaurant use is categorically exempt from environmental review (CEQA Section 15301). SECTION 2. Appeal Denied. The appeal of the Planning Commission's action approving the project is hereby upheld, and the use permit approved subject to the following conditions: 1. The use permit shall be reviewed in one year, or at any time that reasonable written complaints are received by the City of San Luis Obispo. At the review hearing, the Hearing Officer may modify, add or delete conditions, or revoke the permit. A basis for revocation shall be failure to comply with the above-stated conditions. 2. The outdoor seating area shall not exceed 210 square feet (14' x 15') and shall be setback 10 feet from the existing parking spaces at the front of the building. 3. There shall be no advertising on umbrellas in the outdoor seating area. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 15" day of August, 2000 Mayor Allen Settle 1-8 eACHMENT 2 Resolution No. (1999 Series) Page 3 - - ---- -- -- -= - - ATTEST: Lee Price, City Clerk - —� APPROVED..AS TO FORM: 4m IQ i tto e ffr G..Jorgensen JSfi6aIV.QC/U68-00Deny_, Attachment 3 Draft Resolution "C" RESOLUTION NO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSIONS ACTION APPROVING A USE PERMIT TO ALLOW OUTDOOR SEATING IN CONJUNCTION WITH AN EXISTING LIQUOR STORE/DELI AT 3211 BROAD STREET, AND REFERRING THE USE PERMIT REQUEST BACK TO THE PLANNING COMMISSION FOR RECONSIDERATION OF NEW INFORMATION (U 68-00) WHEREAS, the Planning Commission, on May 24, 2000, approved a use permit to allow outdoor seating in conjunction with an existing liquor store/deli in The Crossroads mixed- use center; and WHEREAS, Jesse Norris filed an appeal of the Planning Commission's action on May 26, 2000, and Mike and Sonia Hook joined that appeal on June 9, 2000; and WHEREAS, the City Council conducted a public hearing on, August 15, 2000, for the purpose of considering the appeal to the Planning Commission action on use permit U68-00; and WHEREAS, the City Council has considered testimony of the applicant/appellant, interested parties, the records of the Planning Commission hearings and actions, and the evaluation and recommendation of staff. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Finding. That this Council, after consideration of the proposed project (U 68-00), the appellant's statement, staff recommendations and reports thereof, makes the following findings: 1. New information received by the City since the appeal was filed warrants the review and reconsideration of the Planning Commission prior to the City Council taking a final action on the use permit request. 1-10 ATTACHMENT 3 Resolution No. (2000 Series) Page 2 SECTION 2. Action. The appeal is hereby denied, and the use permit request is referred back to the Planning Commission for reconsideration. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this 15' day of August 2000. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED: City Attorney Je orgensen JShoals/CC/U68-00(Reconsider) 1-11 ll !MA III 130 .O S te' ~ i Attachment 4 APPEAL TO THE CIT) In accordance with the appeals procedures as authorized by Title, 1, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of The Planning Commission rendered on May 24, 2000 which consisted of the following (i.e., explain whit you are appealing and the grounds for submitting the appeal. Use additional sheets as needed.) See attached letter. The undersigned discussed the decision being appealed with: John Shoals/Community Shoals/CommunityDevelopment.on May 25 , 2000 Name/Department (Date) Appellant: Jesse Norris, Owner 2047 Wilding Lane Name/Title Mailing Address (& Zip Code) 544-0575 544-0500 801-3779 Home Phone Work Phone Cell Phone Representative: Rob Strong 444 Higuera Street Name/Title Mailing Address (& Zip Code) 542-9150 For Official Use Only: Calendared for July 5, 2000 Date & Time Received: c: City Attorney City Administrative Officer RECE�iVED Copy to the following department(s): Arnold Jonas MAY 3 0 2000 Ron Whisenand SLO CIT";/ r' ',K John Shoals Original in City Clerk's Office 1_12 ATTACHMENT 4 May 26, 2000 John Shoals Associate Planner City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear John: Please accept this letter as an appeal of application number U68-00, 3211 Broad Street, Suite 101's approval to establish outdoor seating in conjunction with an existing liquor store with deli. The reason for this appeal is: I did not understand the implications the project would have on parking. I did not know that the project would prevent me from renting the empty office space. Sincerely, ?Jesse Norris, Owner 3211 Broad Street cc: Jerry Hempenius RECEIVED MAY p 2000 CITY OF SAP LUIS OBISPO COMMUNITY OEVELOP.MENT JESSE NORRIS• 2047 WILDING LANE,SAN LUIS OBISPO,CALIFORNIA 93401 • (805)544-0575(RES) • FAMOA1.34-3529 ,sy¢-0500 i ❑COUNCIL PCFD P!I IUKO ❑ri: ❑ACAO ❑r°: ORNEY ❑FC'i .: GKLERK1O11'u ❑F,-L: :_ ❑UGM T TEAM ❑REC D;a J. Sh oS ❑UTIL Din W �SFn0.nl� ❑PERS DIR ATTACHMENT 4 June 9, 2000 Ms.1*Kopecke Sog4 City Clerk's Office CITY OF SAN LUIS OBISPO City Hall, 990 Palm St. San Luis Obispo, CA RE: Appeal for U 68-00,Crossroads Liquor Deli Patio 3211 Broad Street,#101 Dear Ms. Kopecke, We are the owners of of Crossroads Shopping Center. Rob Strong is representing both Jesse Norris and us and we would like the city to understand that we are one of the appellants. Sincerely, Mike and Sonia Hook P.O. Box 2508 Avila Beach, CA 93424 cc: Strong RECEIVED JUN 9 - 2000 SLO CITY CLERK 1-14 ity of san Attachment 5 990. Palm Street, San Luis Obispo, CA 93401-3249 May 30, 2000 Glen Brooking 3211 Broad Street, Suite 101 San Luis Obispo, CA 93401 SUBJECT: U 68-00: 3211 Broad Street #101 Request to establish outdoor seating in conjunction with an existing liquor store with deli Dear Mr. Brooking: The Planning Commission,at its meeting of May 24, 2000, approved your request, based on the findings and subject to the conditions,as noted in the attached resolution. The decision of the Planning Commission is final unless appealed to the City Council within 10 days of the action. Any person aggrieved by a decision of the Commission may file an appeal with the City Clerk. Due to the City Water allocation regulations,the Planning Commission's approval expires after three years if construction has not started, unless the Commission designated a different time period. On request the Community Development Director may grant renewals for successive periods of not more than one year each. If your project involves building one or more additional non-residential space, it may be subject to the requirement for a water allocation or a water usage offset. Contact this department for details. If you have any questions, please contact Peggy Mandeville at 781-7175. Sincerely, cc: County of SLO Assessor's Office Jesse & June Norris ZdWhise. 2047 Wilding Lane Ronnd San Luis Obispo, CA 93401 Development Review Manager Attachment: Resolution#5289-00 O,t The City of San Luis Obispo is committed to include the disabled in all o1 its services, programs and acti�i 45 Telecommunications Device for the Deaf(805) 781.7410. a SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5289-00 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 24, 2000, pursuant to a proceeding instituted under application U 68-00; Glen Brooking, applicant. ITEM REVIEWED: Request to establish outdoor seating in conjunction with an existing liquor store with deli DESCRIPTION: On file in the office of Community Development Department, City Hall. GENERAL LOCATION: 3211 Broad Street#101 WHEREAS, said Commission as a result of its inspections, investigations, and studies made by itself, and in behalf of testimonies offered at said hearing has established existence of the following circumstances: Findings 1. The proposed use will not adversely affect the health, safety and welfare of persons working or residing on the site or in the vicinity. 2. The proposed use conforms to the General Plan and City Zoning Regulations because restaurants are allowed uses in the Service-Commercial zone (Chapter 17.22). 3. The proposed use is consistent with the Crossroad planned development (PD1437) and the Use Permit (U1390) approving a mixed-use commercial center. . 4. The proposed restaurant use is categorically exempt from environmental review (CEQA Section 15301). 1-16 �kac In�rn e Resolution No. 5289-00 Page 2 NOW, THEREFORE, BE IT RESOLVED, that U 68-00 be approved, subject to the following conditions and informational note: Conditions 1. The use permit shall be reviewed in one year, or at.any time that reasonable written complaints are received by the City of San Luis Obispo. At the review hearing, the Hearing Officer may modify, add or delete conditions, or revoke the permit. A basis for revocation shall be failure to comply with the following conditions. 2. The outdoor seating area shall not exceed 210 square feet (14' x 15') and shall be setback 10 feet from the existing parking spaces at the front of the building. 3. There shall be no advertising on umbrellas in the outdoor seating area. Informational Note 1. Establishment of the new seating areas, with the requirement for four (4) additional spaces, may limit the property owners' ability to fill the vacant commercial space in the center. The foregoing resolution was approved by the Planning Commission of the City of San Luis Obispo on motion by Commr. Cooper, seconded by Commr. Aiken, and on a separate roll call vote: AYES: Commrs. Aiken, Cooper, Whittlesey, Ready, Peterson, Loh and Osbome NOES: None ABSENT: None Arnold B. Jonas, Secretary Planning Commission Dated: May 24, 2000 1-17 DRAFT Attachment 6 SAN LUIS OBISPO PLANNING COMMISSION MEETING MINUTES MAY 24, 2000 CALL TO ORDERIPLEDGE OF ALLEGIANCE: The San Luis Obispo Planning Commission was called to order at 7:04 p.m. on Wednesday, May 24, 2000, in Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California. ROLL CALL: Present: Commissioners Jim Aiken, Allan Cooper, Mary Whittlesey, Stephen Peterson, Alice Loh, Orval Osbome, and Chairman Paul Ready Absent: None Staff Recording Secretary Leaha Magee, Associate Planner Peggy Mandeville, Development Review Manager Ron Whisenand, Long Range Planning Manager John Mandeville, City Engineer Jerry Kenny, and Assistant City Attorney Gilbert Trujillo. ACCEPTANCE OF THE AGENDA: The Commission reached consensus to hear Agenda Items 5A out of order. After brief discussion of the agenda Commissioner Aiken moved to continue Item 3 to June 14 2000. The motion was seconded by Commissioner Whittlesey and unanimously approved. PUBLIC COMMENT ON NON-AGENDA ITEMS: There were no non-agenda comments made. COMMENT AND DISCUSSION: 5. Commission: A. Cable casting Planning Commission Meetings — City Clerk Lee Price presented the City's cable casting strategic plan, noting PEG programming/cable casting will begin in September. PUBLIC HEARINGS: 1. 3211 Broad Street, #1 Use Permit Application U 68-00: Request to establish outdoor seating in conjunction with an existing liquor store deli; C-S-PD zone; Glen Brooking, applicant. 1-18 Draft Planning Commission , _ .rtes May 24,2000 Page 2 Associate Planner Peggy Mandeville presented the staff report and recommended approving the use permit based on findings and subject to conditions. Commissioner Loh had staff review the site plan and seating configuration. Commissioner Cooper asked if staff explored the possibility of this being a restaurant use rather than a specialty-type use. Development Review Manager Ron Whisenand stated the non-conforming use relates to the liquor store, noting that they are no longer allowed in Service-Commercial areas. Commissioner Aiken noted the indoor seating area appears to be the same size as the outdoor seating area. Manager Whisenand stated that staff has verified the seating area, and that the interior area set aside for seating is approximately 80 square feet. Commissioner Aiken stated that if the project were approved, it would be very difficult for the property owners to lease the two vacant properties. He asked if.the property owners are willing to accept this. Manager Whisenand deferred the question to the property owners, but noted staff expressed similar concerns. Commissioner Whittlesey had staff review the parking allotment for restaurants and asked if the property owner could lease vacant space and have the tenant deal with the fact that there is no parking. Manager Whisenand replied yes, but added that without sufficient parking, the City has the ability to reject business tax certificates. Commissioner Loh questioned staff on the parking reduction. Manager Whisenand stated the Commission has the opportunity to approve, deny, or condition the permit. He explained that staff supports approval because this proposal meets the criteria under the parking regulations. There were no further comments or questions and the public comment session was opened. PUBLIC COMMENTS: Glen Brooking, applicant, explained that the parking impact at the Crossroads Center only exists from 11:30 to 1:00 daily and his intent for the proposal is to expand his evening and weekend business, which will also increase business for others in the center. He reviewed the proposed outdoor seating area. 1-19 Draft Planning Commission Minutes May 24,2000 Page 3 Commissioner Cooper asked how the Laverne University parking situation is working in the center. Mr. Brooking stated that there are no problems. Commissioner Aiken asked if the conditions of approval are acceptable. Mr. Brooking stated the conditions are fine, but noted he did not receive the staff report prior to the hearing. Commissioner Aiken asked if the parking situation has been discussed with the property owner. Mr. Brooking stated the owner has reviewed the plans, walked the site, and is supportive of the proposal. Commissioner Whittlesey questioned the televisions in the deli. Mr. Brooking stated the televisions go along with the sports theme of the restaurant. Commissioner Loh noted a square footage difference in the drawings and asked if Mr. Brooking would be willing to limit outdoor seating area to 14 x 15 square feet. Mr. Brooking stated he would comply with Condition 2, which limits the outdoor seating area to 210 square feet. Susan Morris, 394 Woodbridge, Crossroads Center representative, said she supports Mr. Brooking's ideas, but stated she was not aware that they would be down to one parking space for the vacancies in the center. Commissioner Aiken asked if the owners realized that Mr. Brooking's proposal, if approved, would have an impact on the ability to lease vacant space at the center. Ms. Morris responded that this could be a problem for a new tenant. Manager Whisenand suggested a continuance to allow time for further review by the owners. Ms. Morris stated the owner she represents would be concerned about future available tenant parking and did not believe he was aware of the potential parking ramifications. Chairman Ready asked if Mr. Brooking has a lease that encompasses the outdoor seating. Ms. Morris stated this would be a new arrangement that has not yet been formalized. Seeing no further speakers come forward, the public comment session was closed. 1-20 l��kc�c-In�n e�►� � Draft Planning Commission ,rtes May 24,2000 Page 4 COMMISSION COMMENTS: Commissioner Cooper moved to approve the use permit based on findings and subject to conditions as presented by staff. Commissioner Aiken seconded the motion. Commissioner Whittlesey asked that the motion reflect a correction to Condition 1 to delete "above-stated" from the last sentence. Commissioners Cooper and Aiken accepted the amendment to the motion. Commissioner Whittlesey commented that the original mixed residential1commercial use of this development has never come to fruition. AYES: Commrs. Cooper, Aiken, Whittlesey, Peterson, Loh, Osborne, and Ready NOES: None ABSENT: None REFRAIN: None The motion carried unanimously. 2. 12395 Los Osos Valley Road, ANNX/R, MS and ER 51-00: Request to annex approximately 53 acres of the Froom Ranch and prezone the property to Retai mercial (C-R); minor subdivision to create four parcels ranging in size m 10 to 16. res with a 5.5 acre remainder parcel; and environmental review; adonna Constru on Company, applicant. Associate Planne eggy Mandeville presented the staff report d recommended that the Planning Commi 'on recommend that the City Council introduce an ordinance prezoning the 53-acre sit to C-R (Retail-Commercial), (2 dopt a resolution approving the vesting tentative parcel based on findings an ubject to conditions and code requirements and adopting th Mitigated Negati Declaration, and (3) adopt a resolution recommending that the ocal Age Formation Commission (LAFCO) approve the annexation of 53 acres on t so side of Los Osos Valley Road. Commissioner Osborne noted the Co missi did not receive the County EIR for review of this project and asked in at way wou this project have been considered differently if it had been present e o the City first. Manager Whisenand state a only difference is that it is ing treated as developed property. Commissioner Osb ne commented that the General Plan goals sup ort preservation of agricultural land nd views of the hills and opposes the worsening of affic and smog. He felt this pr ect seems to contradict all of the goals. He had staff c ment on the calculation sed for determining the open space dedication. Man er Whisenand noted one of the benefits of having the project in the ci that fut re development of lots will go through the City's Architectural Review Comision Attachment 7 CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT. ITEM# BY: John Shoals, Associate Planner (781-7170rl4rMEETING DATE: May 24, 2000 FROM: Ron Whisenand, Development Review Manage( FILE NUMBER: U68-00 PROJECT ADDRESS: 3211 Broad, Suite 101 SUBJECT Use Permit to allow an outdoor seating area in conjunction with an existing grocery/liquor store and deli at the Crossroads Mixed-Use Commercial Center. RECOMMENDATION Approve the use permit based on findings and subject to conditions. BACKGROUND Situation In June of 1990, the Planning Commission approved Use Permit 1486 to allow a grocery store and deli in the Crossroads Center. According to City files, the approved building plans showed a liquor store and deli with a full service area, including beverages and condiments, at the rear of the store, but no seating. The owner of Crossroads' Liquor and Deli would like to add patron- seating area to existing deli. His plans are to remodel the store's interior by relocating the existing deli to the front of the store, adding a small indoor seating area as well as some outdoor seating. This request is coming to the Planning Commission because as a condition of the planned development approval, certain land uses such as restaurants and sandwich shops require Planning Commission approval. In addition, staff felt that the project represents a significant enough change to the existing use that the Commission should review it. Data Summary Address: 3211& 3165 Broad Applicant: Glen Brooking Zoning: Service C-S-PD(Service Commercial with a Planned Development overlay) General Plan: Services and Manufacturing Environmental status: Exempt Project action deadline: July 21, 2000 Site Description The site is approximately 1.87 acres and developed with approximately 23,000 sq. ft. of commercial uses, six studio apartments and 103 parking spaces. Attachment 2 is the approved 1-22 6Vto,Ch rq,e0 U68-00 (Brooking) -i 3211 Broad Page 2 site plan which the buildings, parking, loading and landscape areas of The Crossroads. The location of the site is shown on the vicinity map (Attachment 1). Surrounding land uses include service commercial and residential uses. Project Description The project is a use. permit to allow patron seating in conjunction with an existing liquor store/deli in The Crossroads Mixed-Use Center. The applicant's plans are to remodel the store's interior to relocate an existing deli with service area to the front of the store and to add indoor and outdoor seating. Project plans call for 280 square feet of seating area-80 sq.ft. indoor and 200 sq.ft. outdoors. According to the applicant, the seating areas will accommodate approximately six small tables and about 24 people. Hours of operation will remain the same (Monday through Thursday 6 a.m. to 11 p.m., Friday and Saturday 7 a.m. to 12 midnight, and Sunday 7 a.m. to 10 p.m.). The applicant's statement and new floor plan are included as Attachment 3. Attachment 4 shows the proposed location of the outdoor seating area. EVALUATION General Plan Consistency Because the General Plan Land Use Element was updated after the Crossroads PD was approved in 1989, many of the retail specialty type uses (i.e., grocery, liquor and specialized foods) originally approved for the Crossroads project no longer conform to the adopted General Plan, and are considered to be legal non-conforming uses. Normally, non-conforming uses are not allowed to expand their operation. However, recognizing that the 1994 Land Use Element Update could impact existing uses and businesses, the City Council adopted a policy to mitigate those potential impacts. General Plan Land Use policy 3.5.3 provides for the expansion of certain non-conforming specialty retail uses in areas designated "Service and Manufacturing," if they are compatible with nearby uses and will not divert trade from other general-retail or neighborhood-commercial areas which are better located to serve the expected market area. Since these circumstances apply to The Crossroads, Crossroads Liquor and Deli can expand its operation consistent with this General Plan policy. Staff finds that the proposal to be consistent with this General Plan policy. Type of Use There is a question of whether the proposed changes will modify the existing use's focus and operation. The existing use is a grocery/liquor store with a full-service deli, where customers purchase convenience items or food and leave the premise in a relatively short time. Adding patron seating will allow individuals to have lunch and dinner on the premise, which will mostly likely lead to longer visits. There is also the possibility that the use could function as a restaurant or bar on certain occasions. The applicant has applied to the State Alcoholic Beverage and Control department (ABC) for a license to serve beer and wine in the deli area. Staff notified the 1-23 U68-00 (Brooking) - ATTACHMENT-1 3211 Broad Page 3 ABC of this concern, and they will be requiring that alcohol be served with food and that the business submit evidence showing that the sales of alcoholic beverages do not exceed the sales of food items. Parkin In November of 1999, the Planning Commission approved a 25% parking reduction (a 10% for shared parking and 15% for mixed use parking) for The Crossroads. This reduction dropped the center's overall parking requirement from 137 spaces to 103 spaces. There are 103 total parking spaces at The Crossroads. 93 parking spaces (excludes 10 enclosed spaces for the apartments) are available for commercial uses. Attachment 5 lists existing uses and their parking requirements. As shown in the table, the existing commercial uses have a parking requirement of 89 parking spaces (119 spaces less 25% equals 89 spaces). The existing liquor store/deli has a parking requirement of 19 spaces (one space per 200 square feet of gross floor area). The use with patron seating is required to provide 23 spaces at a rate of 1/60 sq.ft. for the seating areas and 1/200 sq. ft. for the remaining floor area, including food prep. With the proposed project, commercial uses will have a parking requirement of 92 spaces (123 spaces less 25% equals 92 spaces). Based on these parking calculations, there is enough parking to accommodate the project and the existing commercial uses. However, it should be noted that with approval of the project, there would only be one parking space available for future commercial uses. As shown in the parking calculations, the parking demand from existing and expected future uses may exceed the parking supply depending on the mix of. uses and building occupancy. The center has about 2,200 square feet of vacant commercial floor area remaining. Depending on the uses that occupy these vacant spaces, the center's overall parking demand will most likely exceed supply making it difficult for the owners to fill the remaining tenant spaces unless: 1. The mix of uses changes to reduce the overall parking demand (e.g. a restaurant use with a high parking requirement is replaced with less parking intensive use); 2. Additional parking spaces are provided on site, or off-site at a city-approved location; or 3. The City approves an additional parking reduction due to mixed uses. Planning Commission approved a 25% reduction for shared and mixed uses, City Codes allows up to a 30% reduction upon finding that the times of maximum parking demand from various uses will not coincide (Zoning Regulations, Section 17.16.060C). According to the center's owner, onsite parking is usually available, although more tenant cooperation is needed to avoid minor conflicts over employee versus customer parking, i.e., employees need to park in spaces at the rear of the center to alloweasy customer parking. 1-24 U68-00 (Brooking) ATTACHMENT 3211 Broad 1 Page 4 Businesses currently with the highest parking demand are the liquor/deli, Cool Cats and Crossroads Video and Laverne University. At lunchtime, the center experiences a "tight" parking situation where some vehicles have been observed parking illegally in front of the trash enclosures. On-street parking is very limited, and not convenient to the center. It is likely that the change in the character of the use (including expanded seating areas) will further impact parking at the center. However, as previously noted, the proposed use complies with the City's parking standards. Consequently, the center's owners and tenants need to exercise both patience and cooperation to manage the parking situation. Outdoor Seating Layout and Advertising Project plans show the outdoor seating area at the northwest corner of the building with a new doorway connecting the deli and patio area. Access would also be provided from the existing walkway along the front of the building. Staff has identified two concerns with the proposed outdoor seating area—layout and advertising on umbrellas. Project plans call for a 200 square foot outdoor seating, but show a slightly larger area (225 sq.ft.). If not properly designed, this larger seating area could affect the existing walkway and parking spaces along the front of the building. State law requires that a minimum 4-foot path of travel at the front of the building and the outdoor seating area. In addition,the center's approved site design included a 2.5-foot car overhang for the parking spaces. To comply with both of these requirements, a minimum 6.5-foot wide sidewalk must be maintained between the outdoor seating area and the parking lot. The approved building plans show a 14-foot wide walkway (at the front of the building), leading to a wider courtyard area on the west side of the building. As proposed, the seating area projects about four feet into the walkway leaving about 10 feet between the area and parking lot. The other concern with a larger outdoor seating area is parking. Specifically, a seating area would require additional parking spaces and further impact the center's parking situation. If the outdoor seating area is limited to 210 sq.ft. (14' x 15'), the liquor store/deli with patron seating would comply with all applicable requirements. Staff is recommending a condition to that effect. The second concern stems from signage and advertising on umbrellas. In the past, there have been problems with umbrellas, in outdoor or patio seating areas, advertising beer and other products. .It is staffs opinion that the use of umbrellas for advertising is contrary to the purpose and intent of the City's Signage Regulations, which is to ensure that sign are used primarily for identification rather than advertisement. To assure compliance with City Sign Regulations and to implement the goals of the General Plan, it is recommended that advertising not be allowed on any umbrellas used in conjunction with the outdoor seating area. OTHER DEPARTMENT COMMENTS No other departments had comments. 1-25 U68-00 (Brooking) ATTAC H M E NT 3211 Broad Page 5 -- ALTERNATIVES 1. Approve the use permit with modified findings and conditions. 2. Continue the use permit with specific direction to the applicant and staff on additional information or project changes needed. 3. Deny the use permit based on the appropriate findings. RECOMMENDATION Approve Use Permit U68-00 based on the following findings and subject to the following conditions: Findings 1. The proposed use will not adversely affect the health, safety and welfare of persons working or residing on the site or in the vicinity. 2. The proposed use conforms to the General Plan and City Zoning Regulations because restaurants are allowed uses in the Service-Commercial zone (Chapter 17.22). 3. The proposed use is consistent with the Crossroad planned development (PD1437) and the Use Permit(U1390) approving a mixed-use commercial center. 4. The proposed restaurant use is categorically exempt from environmental review (CEQA Section 15301). Conditions 1. The use permit shall be reviewed in one year, or at any time that reasonable written complaints are received by the City of San Luis Obispo. At the review hearing, the Hearing Officer may modify, add or delete conditions, or revoke the permit. A basis for revocation shall be failure to comply with the above-stated conditions. 2. The outdoor seating area shall not exceed 210 square feet (14' x 15') and shall be setback 10 feet from the existing parking spaces at the front of the building. 3. There shall be no advertising on umbrellas in the outdoor seating area. 1-26 U68-00(Brooking) 3211 Broad ATTACHMENTS Page 6 Informational Note 1. Establishment of the new seating areas, with the requirement for four (4) additional spaces, may limit the property owners' ability to fill the vacant commercial space in the center! ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2—Site Plan for The Crossroads Attachment 3 —Applicant's statement Attachment 4—Location of Outdoor Seating Area Attachment 5 - Parking Calculations Worksheet Attachment 6—Planning Commission Resolution 5024-90 (U 1486) JShoals/PC/U68-00(Brooking) 1-27 �� •%sus Attachment 7 /..i•,s MM1 YAC i��.•p'f O. ■A��A\\ z M 464 IZ ip / •.\� Com..\, O j `, � I __ • \ 1 R-2S� .Vt%A%n%ty 3211 Broad #101 N u 68=00 ROOM 0 80 160 240 Feet 1-28 6 ] f Attac mint E O u a P o i S 30 02' 49" E 150.01' �1 S 59 00' 14" W 4.97' S 30 00' 33 E 150.02 ---_-a ,osY lost V u 104.50-1r _(� t 13.91' 26.76' 4 00' 10.50' r � n " Q L/ - O O 31"p' 0- 2.o g L _ - - _ _ _ - _ _r 82.88' N JO'S8'50'W I - - - - _ _ 2%2.95' "' ~ a5.B2' 5.00' _ _ _ - Iw-.2s'- _ _ _ _ - _ _ R b N N f m °• © o I © °• S.O(r 1 b S 5 0 « N I H nf1 Vim^ _ _ 1 I _ 9.50' 27.12' 8� _ ,�. g 6- vo o - ' r ___:__ ------ «� al 00 0.00 10.00' 16.00'E 11.50 ^ w^ .J 3 r________ -------------- 11.56' -___________11.56' i [O 16.50 �{ N � R 4,4J061 „ ct�✓r✓r��� NI 13.92' K 291— 74 L1 qi)O�/D�ilil , ?05l I „ I - ; F 8 q '; � — — — 55.59' — _ _ r._ i7.2s• � l0 15 1658' $ I 15.50' •`, � � w LO r .- .- o� o 1 n » ^}�\ I C� 51.00 10. 10.00' 25.50 - O O O I O 'O 13 4 $j i L_______J Ap ' Ica 4e1 I , T..�. `'iY I otl o ; --- -__� --_------_- ____________ - _______________________________ _ w J 6 S _ _ _._.- _ _ - c-5 31'00' 3B'E IOS.- •t 1 = 'a. N 30 58_50`WW 140.67' _ 95.22' - I ' 2182' I I 67.60' a _ ry 16,]1' I $16.46 LiN 32 OS 17 W N 32 O6' 30 W w $ aa. I 2917' 291Y N 31 10' 58" W 4.34 j 49.99' 49.96' 2� oo' 8 <i W $ 49.98' N 58 59' 36" E/ 0.94'J "o O © c Ln i 2. OO r N 31 01' 55 W 49.97' rt O10.51'x� I 10.51' 040 - 25 S N z N 31 02' 09" W 99.94' 9.50 0 _ C-7 Cit'of San Luis Obispo Attachment Application Information for Administrative Use Permit Dds inr Business Crossroads Liquor and Deli 3211 Broad Street, Suite 101 San Luis Obispo, CA 93401 Proposed Plan I am planning to move the existing deli from the back of the store to the front of the store. I will be adding a small beverage counter and a short partition wall to separate the deli from the liquor/convenience store. I will be applying to the ABC for an on-sale liquor license to serve beer and wine in the deli area. The seating space will be limited, but I hope to have room for three tables to seat approximately twelve customers inside this area I would also like to make use of a portion of the open area in front of the store for some outside seating by constructing a short wrought iron fence and adding three tables. This outside area could also accommodate seating for approximately twelve people. The deli will continue to offer a menu similar to what currently exists. The focus of this change is on evening and weekend business. The intent is not to have a large group of people staying for lunch, but to expedite the customer flow at lunch with the deli being more easily accessible near the front of the store. We will also increase from one cash register to three registers to assist getting customers in and out of the store quicker at lunchtime. One additional employee will be required in the evening and on weekends. All employees who drive to work are required to park in the back parking lot or on the street. Approximately half of the current employees either walk or ride their bike to work. The hours of operation will remain the same(Monday through Thursday 6 am. to 11 pin, Friday and Saturday 7 am. to 12 midnight, and Sunday 7 am. to 10 p.m.). In the past six weeks we have conducted an informal survey with hundreds of customers to determine if this type of change in the business operation would be desirable and viable. The overwhelming consensus by those people living within walking distance is highly positive. They have expressed a need for this type of business in their neighborhood. In fact, the most commonly asked question directed to us is"when will it be ready?" This change should be a positive for the people in the local neighborhood and the other businesses in the shopping center. The expedited traffic flow during the peak lunch hours will help to alleviate parking congestion. The added draw of customers to the center at normally slow times should potentially benefit the other businesses. Our actual customer parking requirements should not be any greater due to this change and should not adversely impact the other businesses. 1-30 C7 -1) Attachment. 7 115 r WNW as r / OcxfRx� �EKTitJ(� rlANre v i .0W/ FEw�re, rrvau ya- O a 51 _"'� '/1 Uw.IS.E_K� �'� `G,.'b".�['• .4t � p'iL•'„Vr�n� a• L1 APPROV0 tic, APR ;200n '�` N t n1 \ GOID OlsO/qY i 1 j .. �Hr�onwDr m CITY0F.UN1UISOU •`'J l46 w [NiNTER wxa 0/r I ROrl �� Dswa t0I/YTE R a. -- I .._. ij ;.K) y+'v dTuue/s s•w/// 2 .i. ' I J I '43) {41 11 i � G[fl iI JHr—;q _� I Ilr i %EyCRN�ES 1 .� � It DELI 0 r- F�mfi nC•/E -- \ (19)28y4.x T AWW14'('Iimf+ —flr, 00 01 1 • 5(efYL'1 ' I V'iQQ 1 �KTW/AF � NaLK-W Lm�EJy ' I E O A l 4v 54X pAf- j moves . . . . 1-31 -S) Attachment 7 THE CROSSROADS MIXED-USE CENTER PARKING CALCULATIONS PARKING CALCULATIONS FOR CROSSROADS CENTER 3211 BROAD SUITE USE: AREA: RATE: SPACES REQ. SPACES REQ. SPACES REQ. EXISTING USES EXIST+PROJECT FUTURE USES 101 Liquor Store/Groc. 3,850 U1486 19 23 23 105 H&R Block 1,300 300 4 4 4 109 SLO Gazette 1,500 300 5 5 5 113 Laverne University Classrooms. 1,500 50 30 30 30 Office 800 300 3 3 3 117 Edward Jones Inv. 800 300 3 3 3 121 Yogi's Yogurt 850 U1486 3 3 3 201 Vacant 1,223 300 4 205 J.Mitchell Arch. 975 300 3 3 3 3165 BROAD 102 Cool Cat's Cafe 2,225 U60-92 23 23 23 106 Nuoci's Pizza 1,100 6 6 6 110 Vacant 1,000 A26-91 3 112 Travel Agency 800 300 3 3 3 114 Phacor 2,000 300 7 7 7 1188122 Video Rental 3,000 300 10 10 10 TOTALS: 119 123 130 Parking with 25% reduction 89 92 98 AVAILABLE PARKING: 93 93 93 Notes: 2. Available parking spaces does not include the 10 residential spaces. 3. Parking Deficit is for commercial uses only. 4. Zoning Regulations allow a maximum 30% panting reduction. 1-32 Attachment SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5024-90 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 27, 1990, pursuant to a proceeding instituted under application No. U1486 by Mitchell, Harding & Murrell, applicant. USE PERMIT REQUESTED: To allow various uses within a new mixed use shopping center. PROPERTY DESCRIPTION: , On file in the office of Community Development, City Hall. GENERAL LOCATION: 3211 Broad Street. GENERAL PLAN LAND USE ELEMENT: Service-Commercial/Light Industrial. PRESENT ZONING: C-S-PD 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 uses will not adversely affect the health, safety and welfare of persons residing or working in the vicinity. 2. The uses are appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed uses conform with the general plan and meet zoning ordinance requirements. 1-33 ATTACHMENT) Resolution No. 5024-90 Use Permit U1486 Page 2 4. The proposed uses were reviewed and found acceptable as part of the negative declaration for the previously-approved planned development rezoning for the site. NOW, THEREFORE, BE IT RESOLVED that application No. U1486 be revised subject to the following conditions: 1. At any time the Planning Commission may review the use permit if written complaints from citizens or the Police Department are received by the Community Development Department. The Planning Commission may add, delete, or modify conditions,of approval or may revoke the use permit. 2. No outdoor sales, display or storage shall be allowed at any time. 3. No bunting strips, banners, sandwich board signs or other attention getting devices shall be allowed. 4. Hours of loading and delivery activities and trash pick-up shall be restricted to 8:00 a.m. to 5:00 p.m. daily. Grocery Store 1. A minimum of 19 parking spaces shall be provided on the site at all times for this use. 2. Hours of operation shall be restricted to the hours of 6:00 AM to 11:00 PM Sunday through Thursday, and 6:00 AM to 12:00 midnight Friday and Saturday. 3. Any new refrigeration units and/or compressors shall be located on the inside of the building or on the roof of the building, and be screened from public view to the approval of the Community Development Department. The operation of such units shall comply with the noise standards contained in Section 9.12.060 of the Municipal Code, and shall not result in noise levels at the on-site residential units greater than those specified for residential uses in that section. 1-34 Chronology of Appeal of Use Permit 68-00: 3211 Broad Street On May 24,2000 the Planning Commission approved a Use Permit at 3211 Broad Street allowing patio dining at the Cross Roads Liquor and Deli. On May 30, 2000 the City Clerk's office received a letter from the property owner,Jesse Norris dated May 26, 2000 appealing the Planning Commission decision. The appeal was calendared for July 5, 2000. On June 6, 2000 the appellant's representative requested that the appeal be moved to July 17, 2000. The appeal was re-calendared for July 18, 2000 as there was no meeting on July 17, 2000. On June 9,2000 the City Clerk's office received a letter(dated June 9, 2000) from Mike and Sonia Hook(co-owners of the property) informing the Clerk's office that Rob Strong was representing both the Hooks and Mr. Norris. On June 23,2000, the Clerk's office received a letter from Martin Tangeman (dated June 22, 2000) informing the City Clerk's office that Rob Strong was no longer representing the Hooks and that their new representative was the law firm of Sinshimer, Schiebelhut & Baggett. On July 11,2000 the City Clerk's office received a fax from Rob Strong (dated July 7, 2000) requesting that the appeal be withdrawn. The fax was not signed by the appellants. Mr. Strong stated in the letter that even though the withdrawal was premature, he did not want the appeal heard on July 18, 2000. In the letter Mr. Strong also indicated that Mr. Norris had sold his half of the property to Mr. and Mrs. Ron McIntosh who had authorized Mr. Strong to represent them. On July 11,2000 the Clerk's office pulled the appeal from the.July 18,2000 agenda. On August 2,2000 the City Clerk's office re-calendared the appeal for August 15, 2000 (the next regular Council Meeting to follow the July 18, 2000 meeting) because no signed letter had been received. -FROM STS FAX NO. 80543E3155 Jul. 11 2000 10:51AM P2 p, July 7, 2000 V, A ij Mr. John Shoals; Project Planner _PV Community Development Department CITY OF SAN WIS OBISPO &�c City Hall,990 Palm Street San Luis Obispo, CA 93401 ?6v- Subject Crossroads Center Parking, 3165 and 3211 Broad Street, Withdraw Appeal of U68-00 revision or ACOP 99-00. Dear John: Thank-you for all your efforts and the meeting of July 5 to review and resolve the above applications without involving the Planning Commission or City Council unnecessarily.The following will confirm the changes we discussed: 1) Norris has sold his half of the Crossroads Center to Mr. and Mrs. Ron McIntosh, who has authorized me to represent them in the above matters 2) Mr. And Mrs. Hook,the owners of the other half of the Crossroads Center have employed Mr. Martin Tangeman to represent them, but I am authorized by them to resolve this specific parking proposals outlined herein. 3) The Hooks have [eased vacant suite 110 to an association office tenant and McIntosh has leased vacant suite 201 to an insurance service office, Both existing spaces should have priority allocation of existing parking, prior to any optional outdoor seating or conditional expansion of restaurant uses, including U68-M. 4) Nucci's and Cool Cat's Cafe are applying separately for outdoor patio seating which will be similar in size to the Liquor-Deli patio,,anticipated in our revised parking allocation calculations. Based on these changes and our discussion of administrative revisions to parking allocations and modifications to increase the available supply, if approved by the City, it is unnecessary to appeal the Planning Commission action on 1.16"0. If the reallocation and modifications are not granted, the permit would be null and void due to inadequate parking.The same is true regarding the proposed patios for Nucci's and Cool Cats C06. Therefore both the Norris appeal and the Hooks letter of concern are withdrawn, by copy of this letter to the City Cleft office. Enclosed is Attachment *1, the parking calculation sheet for the Crossroads Center, which you and I reviewed. Column A shows the existing use allocations prior to liquor-deli, Nucci's or Cool Cars patios. Column B shows the parking requirement with the anticipated patios, prior to applying the approved 27/6 parking reduction. Column C shows the individual tenant allocations with the 25% parking reduction. All columns anticipate the addition of extra bike and/or motorcycle parking for 2 space equivalent reductions and reallocation of 2 surplus residential garage spaces to commercial tenant or employee parking.The bottom line indicates that re- striping and curb modifications we propose to provide 2 additional parking spaces in front of the liquor-dell will increase the available total tO 105 spaces,exclusive or bike and motorcycle, complying with the required number with the approved 25% shared and mixed use reduction allowance. I submit a site plan as Revised Attachment#2,showing the location of prior and proposed parking lot modifications, which provides for 105 spaces versus the 101 spaces originally provided per the amended PD. ,FROM STS ' FAX NO. : 8054383155 Jul. 11 2000 10:50AM P1 we understand that the revised parking arrangement will be considered administratively, subject to appeal to the Planning Commission, instead of seeking an increased parking reduction that would have required Commission approval. Because all of the available parking is fully allocated, any future use changes involving increased parking requirements would be dependent upon additional on or off-site parking or conditional use permit approval by the Commission of additional parking reduction. Again, thank-you for your assistance resolving this complex parking problem administratively. Sincerely, Rob Strong, A.I.C.P. Cc: Hooks via Tangeman McIntosh Norris Tki- tt N,, C6e., T. �YDP 6Se_ 110 `S ¢ o ���I�I�11181111111�II �u►►►►►��� : Ity ,of sAn all's B' ISpo APPEAL TO THE CITY COUNCIL In accordance with the appeals procedures as authorized by Tittle, 1, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of The Planning Commission rendered on May 24, 2000 which consisted of the following (i.e., explain what you are appealing and the grounds for submitting the appeal. Use additional sheets as needed.) See attached letter. The undersigned discussed the decision being appealed with: John Shoals/Community Developmenton _ May 25. 2000 Name/Department (Date) Appellant: Jesse Norris, Owner 2047 Wilding Lane 93'x01 Namefritle Mailing Address (& Zip Code) 544-0575 544-0500 801-3779 Home Phone Work Phone Cell Phone Representative: Rob Strong 444 Higuera Street 93*or Name/T'fle Mailing Address (& Zip Code) 542-9150 For Official Use Only: _ _ • ir Calendared for dU]NI.W29 �Dateg Tme Received: c: City Attorney City Administrative Officer Copy to the following department(s): RECEIVED Arnold Jonas MAY 3 0 2000 1 Ron Whisenand SLO CIT'! "' r?:IK John Shoals Original in City Clerk's Office May 26,2000 John Shoals Associate Planner City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 ,.Dear John: Please accept this letter as an appeal:of application number.U68-00, 3211 Broad Street, " Suite 101's approval to establish outdoor seating,in conjunction with an existing liquor store with deli: The reason for this.appeal is: . I did not understand"-the implications the project would have.on parking. ' I did not know that the project would prevent me from rentingthe.empty office space: . Sincerely, Jesse Norris, Owner 3211 Broad Street cc: Jerry Hempenius RECEIVED MAY �7 0.2000 . .. . . CITY OF,SAN LUIS OBISPO. COMMUNITY DEVELOPMEMT JESSE NORRIS 2047 WILDING LANE,SAN LUIS OBISPO,CALIFORNIA 93401 • (805)544-0575(RES) FAX(805)544-3529 O COUNCIL NCGD DIR ❑KO ❑RN C:' ❑ACAO ❑FG'= f ORNEY ❑PV1 i:a r SKLERICIORIG ❑FOLiC3 C:iF ❑1A yIT TEAL ❑REC DIP , Sh o S ❑UTIL DIP Z .WIAISenand ❑PERS DIR June 9,2000 mAm-1f Ms. Ift Kopecke `S0?, City Clerk's Office CITY OF SAN LUIS OBISPO City Hall, 990 Palm St. San Luis Obispo, CA RE: Appeal for U 68-00,Crossroads Liquor Deli Patio 3211 Broad Street,#101 Dear Ms. Kopecke, We are the owners of/2 of Crossroads Shopping Center. Rob Strong is representing both Jesse Norris and us and we would like the city to understand that we are one of the appellants. Sincerely, 4%-1--1 It �-� Mike and Sonia Hook P.O. Box 2508 Avila Beach, CA 93424 cc: Strong RECEIVED JUN 9 - 2000 SLO CITY CLERK _ J WARREN A.SINSHE MER IB SINSHEIMER, SCHIEBEL=&BAGGETT ROBERT:.SCHIEBELHUT A PROFESSIONAL CORPORATION PASO ROBLES OFFICE: IC ROBIN BAGGETT MARTIN J.TANGEMAN ATTORNEYS AT LAW 1200 Vine Street THOMAS M.DUGGAN Post Office Box 31 Paso Robles,Califomia 93446 MARTIN P.MOROSKI 1010 Peach Street (805)238-2300 DAVID A.JUHNISE Fax(805)238-2322 STEVEN J.ADAMSKI SAN LUIS OBISPO,CALIFORNIA 93406-0031 THOMAS D.GREEN M.SUZANNE FRYER (805)541-2800 THOMAS J.MADDEN In Fax(805)541-2802 DIRECT ALL MAIL TO: STEVEN M.CHANLEY MARIA L.HIJTKIN P.O.Box 31 LINDA SOMERS SMITH San Luis Obispo,Califomia 93406 JOHN E.D.NICHOLSON KELLEY A.BANNON MARC D.COOPERSMITH June 22, 2000 Cl=: Mary Kopecke Office of the City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93408 Re: Appeal for U 68-00, Crossroads Liquor Deli Patio 3211 Broad Street, 9101 Dear Ms. Kopecke: This law firm represents Mike and Sonia Hook. We will be assuming representation of the Hooks in connection with the above-referenced appeal. Please be advised that Rob Strong no longer represents the Hooks in connection with that appeal. Very truly yours, SINS SC BELHUT &BAGGETT MART . T GEMAN MJT':tig F:\GENERAL\LTR\SS&BP1NL\24Kopecke-0622.wpd cc: Arnold Jonas Ron Whisenand John Shoals RECEIVED JUN 9 2000 SLO CITY CLERK . STRONG PLANNING SERVICES ROB STRONG, A.I.C.P. ❑COUNCIL CD DIR June 5 2000 CAO ❑HI C'" ❑9CA0 ❑FIE-r. Q'AjTORNEY ❑F17 LER, IG ❑PCL:-_ ❑41GMT TEAM ❑REC D:; Ms. Mary Kopecke 'Seven' ❑UTa DI-,1 City Clerk`s Office s ❑PERS DIR_ CITY OF SAN LUIS OBISPO City Hall, 990 Palm Street San Luis Obispo, CA 93401 RE: Appeal hearing date for U 68-00, Crossroads Liquor Deli Patio 3211 Broad Street, #101 Dear Ms. Kopecke: As we discussed briefly on Friday,June 2"", I represent Mr.Jess Norris, owner of the property and appellant to the Planning Commission approval of U68-00 by Crossroads Liquor Deli to establish a patio. Mr. Norris wants to find a solution to the parking issue which may affect his ability to rent remaining vacant space,that of the neighboring owner and/or preclude further tenant improvements. He has hired me to work with other interested parties as well as the subject applicant to seek a variety of ways to increase parking and mbced-use parking reductions justified by improved parking management. I anticipate making a new Administrative Use Permit application on behalf of both owners or at least Mr. Norris by June 9, but recognize that these cooperative solutions will not be considered by the Planning Commission until July 12. Because of these facbors, we request that the appeal hearing now scheduled for July 5 be deferred until July 17. Only if the applicant owners,other tenants and City do not agree on a cooperative parking solution will we pursue our appeal of the patio. Hopefully we can avoid Council consideration. We regret the inconvenience this short delay crates to the applicant but consider a long-term solution to this parking dilemma most important to all concerned. Sincerely, 41Zmnn,AICP cc: Norris Hook Senn Brooking RECEIVED Nausha Corpuel JUN. 6 ' 2000 SLO CITY CLERK 444 HIGUERA ST., 6TE. ZU2 bAN LUIS OBISPO, - Ax (805) 542-0902