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Home My WebLink AboutItem 11 - Review of Appeal by Taqueria Santa Cruz (1308 Monterey St., APPL-0594-2019) Department Name: Community Development Cost Center: 4003 For Agenda of: October 22, 2019 Placement: Public Hearing Estimated Time: 60 minutes FROM: Michael Codron, Community Development Director Prepared By: Kyle Bell, Associate Planner SUBJECT: REVIEW OF APPEAL (FILED BY TAQUERIA SANTA CRUZ, SLO; APPLICANT) OF THE PLANNING COMMISSION’S DECISION TO APPROVE A REQUEST TO EXTEND HOURS OF OPERATION FOR COMMERCIAL ACTIVITES WITHIN A MIXED-USE DEVELOPMENT, LOCATED AT 1308 MONTEREY STREET, WITH THE MODIFIED CONDITIONS RESTRICTING HOURS OF OPERATION FOR COMMERCIAL SUITE 140 TO 9:00 PM (APPL-0594-2019). RECOMMENDATION Adopt a Resolution to deny the appeal of the appellant, and uphold the Planning Commission’s decision, thereby granting final approval of the project based on findings of consistency with the General Plan, Zoning Regulations, and applicable City Standards (Attachment A). DISCUSSION Background The applicant, George Garcia, submitted an application on November 3, 2016 on behalf of the commercial businesses within the existing mixed-use project at 1308 Monterey Street known as The Mix at Monterey. The purpose was to extend the hours of operation for commercial activities from 8:00 AM to 11:00 PM. where the hours of operation for the Mix at Monterey at present are 8:00 AM because 9:00 PM. The City’s Zoning Regulations, that were applicable at the time of the application limited a mixed-use project with commercial operational hours of 8:00 AM to 6:00 PM1, unless Director’s approval has been received. The application was submitted following initiation of an active code violation for unpermitted construction of rooftop equipment, and associated noise generated by the equipment. The application for hours of operation was placed on hold by request from the residents of the mixed- use development, and agreed to by the applicant, from December 19, 2016 to March 4, 2019, to allow the applicant time to address the code violations related to noise emitted from the unpermitted rooftop equipment (commercial kitchen exhaust fans). At this time, all rooftop mounted equipment has been permitted (EPM-5950-2016) and staff is in the process of verifying 1 2015 Zoning Regulations Section 17.08.072.E.3 Hours of Operation. A mixed-use project proposing a commercial component that will operate outside of the hours from 8:00 a.m. to 6:00 p.m. shall require the Director's approval to ensure that the commercial use will not negatively impact the residential uses within the project. Packet Page 261 Item 11 its compliance with Noise Ordinance thresholds. On September 1, 2017, a noise monitoring survey (Attachment B) was submitted by the applicant after the unpermitted equipment was addressed, the initial noise study identified continued exterior and interior noise violations; it provided a recommendation to install shielding around the fans to effectively reduce noise levels. On June 5, 2018, the applicant applied for a building permit to install acoustical shrouds around the fans to reduce the noise (BLDG-1114-2018). On June 20, 2019, the acoustical shroud was installed and inspected, the City determined that a final noise study would be required to confirm compliance with the City’s Noise Ordinance. On September 24, 2019, a noise survey was conducted that resulted in evidence of compliance for the exterior noise thresholds, however, a violation of the interior noise threshold remains. The interior noise limitation is 50 dB, and the noise study identified an interior noise threshold of 52-55 dB (Attachment C). The interior noise violation will continue to be addressed through the normal code enforcement process, staff will continue to work with the applicant and residences to bring the noise levels into compliance with the Noise Ordinance. The noise violation is under a separate code enforcement review process from this application as compliance with the Noise Ordinance is ministerial and not subject to discretionary action. There are several options that are available for resolving the noise violation; for example, a simple solution could include enhancing the interior ventilation systems for the residential units, which would allowing the windows and doors to be closed during testing and easily bring the noise thresholds into compliance. The Council is being asked to review the proposed project in consideration of the appeal; however, the review is considered de novo2 and Council is not limited to acting on the items brought up in the appeal. Previous Actions A Director’s Action Permit is required to establish operations outside of the allowed hours for mixed-use projects to ensure that commercial uses will not negatively impact the residential uses within the project. At the discretion of the Director, a Director’s Action Permit may be elevated to a Director’s Hearing. The Director elevated the review given the active code violations related to noise generated by the commercial operations on the site. Administrative Hearing Officer Decision: On May 13, 2019, the Administrative Hearing Officer reviewed the proposed request for extended hours of operation from 8:00 AM to 11:00 PM and established a condition on the property that restricted all commercial activity to 8:00 AM to 8:00 PM on the second floor, and 8:00 AM to 9:00 PM for all commercial activity on the ground floor, until all active noise violations are resolved (Condition No. 3). However, the condition does allow the extension of hours of operation to 10:00 PM only for Suite 140 (Taqueria de Santa Cruz), once all noise violations are resolved (Attachment D). Once the noise violations are resolved, the Hearing Officer determined 10:00 PM as the appropriate limitation to hours of operation consistent with specific thresholds established within the Noise Ordinance for noise-sensitive uses, and noise levels created by the uses during business hours shall be within allowable limits as described in the Municipal Code. 2 “De novo” means to be heard “a new”. The Council can act as if it were considering the project for the first time, affording no deference to the either CHC, ARC, or PC decisions. The Council should apply federal, state, and local policies in effect to the permit decision pending before Council. Packet Page 262 Item 11 Appeal of the Administrative Hearing Officer’s Decision to the Planning Commission : On May 20, 2019, Mark Henry, on behalf of some of the residents at 1308 Monterey Street, filed an appeal of the Administrative Hearing Officer’s decision to approve the extended hours specifically for the Taqueria de Santa Cruz to 10:00 PM (Attachment E). Planning Commission Decision: On July 10, 2019, the Planning Commission (PC) considered and denied the appeal on a vote 3:2, with an added condition to restrict the hours for the Taqueria to 9:00 PM (Attachment F). The PC’s decision to reduce the hours from 10:00 PM to 9:00 PM was to allow time for restaurant closing activities to conclude prior to 10:00 PM, including patrons and employees leaving the premises, and standard cleaning activities necessary after closing time. Appeal Summary On July 22, 2019, the appellant (Taqueria de Santa Cruz) filed a timely appeal of the PC’s decision to add the condition to restrict hours for the Taqueria (Attachment G). Reasons for the appeal state that the PC’s decision should have been consistent with the Administrative Hearing Officer’s decision to condition the project for consistency with the City’s Noise Ordinance. Staff Analysis: The Noise Element of the General Plan sets noise exposure standards for noise- sensitive land uses, residences are considered a noise-sensitive, and include performance standards for new commercial uses, with a threshold that is more restrictive in the evening hours between 10:00 PM to 7:00 AM. For reference, the maximum hourly interior noise exposure for a residence is 50 decibels between the hours of 7:00 AM and 10:00 PM (day) and 45 decibels from 10:00 PM to 7:00 AM (night). The PC’s decision to restrict hours to 9:00 PM for commercial Suite 140, Taqueria de Santa Cruz, was based on concerns with commercial activities that occur after closing times, and that a 9:00 PM closing would allow enough time to address noise from closing activities leading to 10:00 PM to be compliant with the City’s Noise Ordinance. Based on the PC’s determination, it is staff’s recommendation that the Council deny the appeal and uphold the PC’s decision to approve the project with associated hours of operation from 8:00 AM to 9:00 PM, based on findings that the proposed commercial activity will be limited to hours of operation consistent with specific thresholds established within the Noise Ordinance to address impacts toward noise-sensitive uses. Packet Page 263 Item 11 Policy Context The Land Use Element (LUE) encourages mixed-use projects where they can be found to be compatible with existing and potential future development. The LUE encourages compatible mixed uses in commercial districts (LUE Policy 3.8.5) and specifically discusses residential and commercial mixed use (LUE Policy 2.3.3)3. The project site is located within the Downtown Core where specific policies are identified regarding commercial and residential development as well as highlighted within the Downtown Concept Plan described under Block 174. Residential uses within the Downtown Core contribute to the character of the area, allowing a 24-hour presence, which enhances security and helps the balance between jobs and housing in the community (LUE Policy 4.2). The LUE states that the City shall promote a healthy mix of downtown street-level businesses that emphasizes retail stores, specialty shops and food service rather than bars or taverns (LUE Policy 4.7) and desired activities that are noisy should be timed to avoid conflict with other desired activities that need a quiet setting (LUE Policy 4.18). The project site is also located within Special Focus Area Upper Monterey (LUE Figure 10). LUE Policy 8.2.2.D states that “the City will promote restaurant development in the Upper Monterey area, and include outdoor dining opportunities and other public activities oriented toward Monterey Street.” Restaurants in the vicinity along Monterey Street include a variety of approved hours of operation: SLO Provisions (11 AM – 9 PM Mon-Sat, 11 AM – 6 PM Sun), Central Coast Brewing (12 PM – 11 PM, 9 PM for patio), Splash Café (7 AM – 8 PM, daily), and 4 Cats Café (7 AM – 10:30 PM, on nights with live entertainment). The Noise Element (NE) provides several polices that are intended to preserve the tranquility of residential neighborhoods by preventing noise-producing uses from encroaching upon existing or planned noise-sensitive uses, as well as prevent incompatible land uses from encroaching on existing or planned uses (NE Goals 2 & 5). Noise created by new stationary noise sources, or by existing stationary noise sources which undergo modifications that may increase noise levels, shall be mitigated to not exceed the noise level standards for noise-sensitive uses. When approving new development of noise-sensitive uses or noise sources, the City requires noise mitigation. For example, when mitigating outdoor noise exposure, providing distance between source and recipient is preferred to providing berms and walls (NE Policy 1.7). Before using a less desirable approach, the applicant must show that more desirable approaches are not effective or that it is not practical to use the preferred approaches consistent with other design criteria based on the General Plan (NE Policy 1.8). The preferred mechanisms for addressing noise sources that exceed standards include: arranging activity areas on the site of the noise- producing project so project features, such as buildings containing uses that are not noise- sensitive; shield neighboring noise-sensitive uses; or limit the operating times of noise-producing activities (NE Policy 1.8.1). 3 LUE Policy 2.3.3. Residential Next to Non-residential. In designing development at the boundary between residential and non-residential uses, the City shall make protection of a residential atmosphere the first priority. 4 Downtown Concept Plan Table 3.1 Block Description. Block 17. This block continues to redevelop, with the surface parking lot on the corner of Monterey and Pepper Streets converting to multi -story commercial mixed use. It is envisioned with setbacks suitable for outdoor dining and opportunities for interactive public art. This gateway location is an opportunity for an iconic building announcing one’s arrival downtown. Packet Page 264 Item 11 Based on the most recent noise study and resolution of the code violation related to operation of the rooftop equipment, it is staff’s recommendation that approval of hours of operation from 8:00 AM to 9:00 PM would be consistent with the General Plan policies identified above. Furthermore, the PC acknowledged that the applicant may return in a year to consider extended hours based on continued compliance with the City’s Noise Ordinance. Public Engagement Consistent with the City’s Public Engagement and Noticing (PEN) Manual and the City’s Municipal Code, the project was noticed per the City’s notification requirements for Development Projects. Newspaper legal advertisements were posted in New Times ten days prior to each advisory body meeting (Administrative Hearing, PC, and City Council). Additionally, postcards were sent to both tenants and owners of properties located within 100 feet of the project site ten days before each advisory body hearing. Public comment was provided to the advisory bodies through written correspondence and through public testimony at each of the hearings. CONCURRENCE Staff comments provided during review of the proposed project and appeals are incorporated into the presented evaluations and conditions of approval. ENVIRONMENTAL REVIEW The project is categorically exempt under Class 1, Existing Facilities, Section 15301 of the CEQA Guidelines, because the project consists of the modification of hours of operation for businesses within an existing building located within an urbanized area that involves no expansion of use beyond what has been previously approved and will not have a significant effect on the environment. FISCAL IMPACT Budgeted: Yes Budget Year: 2019-21 Funding Identified: Fee supported activity based on 100% cost recovery Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund N/A State Federal Fees Other: Total Per policy, Development Service fees are based on 100% cost recovery. However, during the 2016 Fee Study the Council approved a 20-40% cost recovery for appeals. The average estimated labor cost for a Tier 1 appeal is $3,116, and the current fee for applicants is $1,642.85 and non-applicants is $657.35. As a result, there is a fiscal impact associated with every appeal that is intended to ensure public participation and a fair opportunity for the community to appeal decisions made by City advisory bodies. When the City’s budget is developed, it considers the applicable cost recovery in order to have sufficient resources available to administer appeals. Packet Page 265 Item 11 ALTERNATIVES 1. Uphold the appeal, thereby approving the project as recommended by the Administrative Hearing Officer. A draft resolution has been provided to reflect the decision consistent with the Administrative Hearing Officer (Attachment H). A decision to uphold the appeal would limit commercial activity to 9:00 PM until all noise violations are resolved, once resolved Suite 140 (Taqueria de Santa Cruz) may extend hours until 10:00 PM, daily. 2. Continue consideration of the appeal to a future date. The Council can continue review of the appeal to a future meeting. If this alternative is taken, the Council should provide direction to staff regarding additional information needed to make a decision. Attachments: a - Draft Resolution b - Initial Noise Study Dated September 1, 2017 c - Second Noise Study Dated September 24, 2019 d - Administrative Hearing Staff Report e - Administrative Appeal Letter - Mark Henry f - PC Staff Report, Resolution, and Meeting Minutes g - PC Appeal Letter - Taqueria Santa Cruz h - Alternative Draft Resolution Packet Page 266 Item 11 R _______ RESOLUTION NO. ________ (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF THE PROJECT INCLUDING CONDITION FOR LIMITING THE HOURS OF OPERATION FOR THE COMMERCIAL ACTIVITIES WITHIN AN EXISTING MIXED-USE DEVELOPMENT. THE PROJECT IS CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED JULY 10, 2019 (1308 MONTEREY STREET, APPL-0594-2019 OF DIR-4082-2016) WHEREAS, the Administrative Hearing Officer of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on May 13, 2019, pursuant to a proceeding instituted under DIR-4082-2016, George Garcia, applicant; and WHEREAS, on May 20, 2019, Mark Henry, on behalf of the residents at 1308 Monterey Street, filed an appeal of the Administrative Hearing Officer’s action (APPL-0323-2019); and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 10, 2019, voted 3:2 to deny the appeal and approve the project, subject to modified conditions of PC Resolution No. 1004-19; pursuant to a proceeding instituted under APPL-0323-2019, Mark Henry, appellant; and WHEREAS, On July 22, 2019, Taqueria de Santa Cruz, filed an appeal of the Planning Commission action (APPL-0594-2019); and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October 22, 2019, pursuant to a proceeding instituted under APPL-0594-2019, Taqueria de Santa Cruz, appellants; and WHEREAS, the City Council of the City of San Luis Obispo has duly considered all evidence, including the record of the Planning Commission hearing and action, testimony of the appellants and interested parties, and evaluation and recommendations by staff, presented at said hearing. WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: Packet Page 267 Item 11 Resolution No. _____ (2019 Series) Page 2 SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings to deny the applicants appeal (APPL-0594-2019) of the Planning Commission decision, hereby granting final approval to the project (DIR-4082-2016): 1. As conditioned, the use will not harm the general health, safety, and welfare of people living or working in the vicinity because conditions of approval limiting commercial hours of operation will minimize noise impacts as well as impacts to police resources and the community. 2. As conditioned, the proposed project is consistent with the General Plan, which designates the project site as General Retail. The City’s General Plan Land Use Element Table 1 states that the General Retail Land Use is designed to provide for goods and services adequate to meet most of the needs of city and county residents that includes restaurant uses, and the proposed hours of operation are identified for restaurant and office uses consistent with the underlying land use designation. 3. As conditioned, the proposed uses on site will not negatively impact the residential uses in the development because the proposed commercial activity will be limited to hours of operation consistent with specific thresholds established within the Noise Ordinance for noise-sensitive uses, and noise levels created by the uses during business hours shall be within allowable limits as described in the Municipal Code. SECTION 2. Environmental Review. The project is categorically exempt under Class 1, Existing Facilities; Section 15301 of the State California Environmental Quality Act (CEQA) Guidelines, because the project consists of the modification of hours of operation for businesses within an existing building located within an urbanized area that involves no expansion of use beyond what has been previously approved and will not have a significant effect on the environment. SECTION 3. Action. The project conditions of approval do not include mandatory code requirements. Code compliance will be verified during the plan check process, which may include additional requirements applicable to the project. The City Council does hereby grant final approval to the project with incorporation of the following conditions: Planning Division 1. This Director’s Action Permit shall be subsequently reviewed at a public Administrative Hearing if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department employee, which includes information and/or evidence supporting a conclusion that a violation of this Director’s Action Permit, or of City ordinances or regulations or Police Department resources (calls for service) applicable to the property or the operation of the business, has occurred. At the time of the review, to ensure on-going compatibility of the uses on the project site, conditions of approval may be added, deleted, or modified, or the Director’s Action Permit may be revoked. Packet Page 268 Item 11 Resolution No. _____ (2019 Series) Page 3 2. The Director’s Action Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification of the permit is necessary upon significant change to the businesses as represented in the applicant’s submitted project application materials, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 3. The hours of operation shall be restricted to 8:00 AM to 8:00 PM for all commercial activity on the second floor, and 8:00 AM to 9:00 PM for all commercial activity on the ground floor, until all active noise violations are resolved. Once all active noise violations are resolved, hours of operation shall be restricted per tenant suite as identified below; a. Suite 110: 8:00 AM to 9:00 PM b. Suite 120: 8:00 AM to 9:00 PM c. Suite 140: 8:00 AM to 9:00 PM d. Suite 210: 8:00 AM to 8:00 PM e. Suite 230: 8:00 AM to 8:00 PM f. Suite 240: 8:00 AM to 8:00 PM g. Suite 250: 8:00 AM to 8:00 PM The hours of operation for all outdoor food services shall operate no earlier than 8:00 AM and shall not remain open later than 9:00 PM, daily. 4. The applicant shall make affirmative efforts to minimize the potential for adverse noise and crowd impacts on adjacent establishments and nearby residences, including, but not limited to, ensuring that all windows and doors are closed no later than 9:00 PM, nightly. a. All loud noise and vibration generating equipment, including exhaust fans should be regularly maintained for the life of the commercial business. All needed repairs identified should be completed within 30 days. 5. The proposed use shall operate in conformance with the City Noise Ordinance (M.C. Chapter 9.12, Noise Control) to maintain compatibility with the nearby residences and businesses. When applying these standards to residential units, measurements should be taken from residential locations as follows: exterior noise from active areas such as outdoor balconies, interior noise from interior rooms closest to the noise source with windows open unless air conditioning or mechanical ventilation exists. 6. The site shall be maintained in a neat and orderly manner at all times, to the satisfaction of the Community Development Director. 7. The operation must meet all required County Health Department standards, obtain any necessary permits, and service to the areas shall be conducted in a safe manner at all times. The applicant shall ensure that tenants, residents, and owners be given 24 hours’ notice prior to each required cleaning of rooftop equipment outside of the established hours of operation. Packet Page 269 Item 11 Resolution No. _____ (2019 Series) Page 4 Indemnification 8. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers, and employees from any claim, action, or proceeding against the City and/or its agents, officers, or employees to attack, set aside, void, or annul the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully cooperate in the defense against an Indemnified Claim. Upon motion of ______________________, seconded by ________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this _______ day of ________________, 2019. ______________________________ Mayor Heidi Harmon ATTEST: _____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this _________ day of ____________________, ____________. ____________________________________ Teresa Purrington, City Clerk Packet Page 270 Item 11 612 12th Street, Suite 201 Paso Robles, CA 93446 805.226.2727 www.Ambient.Consulting NOISE MONITORING SURVEY REPORT Date: 9/1/2017 To: Steven Sheats, Code Enforcement Officer City of San Luis Obispo, CA From: Kurt Legleiter, Principal Location: 1308 Monterey Street, San Luis Obispo, CA Introduction Noise measurements were conducted on August 30, 2017 at 1308 Monterey Street in San Luis Obispo, CA. The purpose of the noise measurements was to document operational noise levels within the exterior patios of residential units located adjacent to restaurant exhaust fans, also commonly referred to as exhaust ventilators. The locations of restaurant exhaust fans, noise measurement locations, and residential units are depicted in Figure 1. Noise measurement locations within the exterior patios of the residential units are depicted in Figure 2. Noise Measurement Procedures Noise measurements were conducted within the outdoor patios of three residential units on August 30, 2017 using a Larson Davis Model 820 Precision Type 1 sound level meter (serial numbers 1332). The calibration of the meter was checked before and after the measurement surveys using a Larson Davis Model CA200 calibrator. Measurements were taken over an approximate 10-minute period at each location between the daytime hours of approximately 1:00 p.m. to 2:00 p.m. Background ambient noise levels were more than 10 dB lower than measured noise levels and did not contribute substantially to measured noise levels. Meteorological and site conditions during the noise measurement period are summarized in Table 1. Exterior site conditions within the residential patios consist largely of non-absorptive/reflective surfaces. All restaurant exhaust fans were noted as being up-blast type and all fans were operating during the measurement surveys. Because fan noise is typically steady with minimal tonal fluctuations, significant variations in noise levels over longer periods of exposure would not be anticipated to occur. Based on the measurements conducted, instantaneous noise levels were roughly equivalent to (within 2 dB) of the measured average noise level. For this reason, the average noise levels identified, expressed in dBA Leq, would be considered roughly equivalent to a percentile or statistical noise levels (i.e., dBA L50) and no adjustment for exposure periods was applied. Table 1 Summary of Meteorological & Site Conditions Temperature: 79-80 degrees Fahrenheit Wind: 1-3 miles per hour Humidity: 45 percent Sky: Partly Cloudy Surface Conditions: Dry, Non-Absorptive/Reflective Shielding of Source: Minimal to None Packet Page 271 Item 11 September 1, 2017 Noise Monitoring Survey Report: 1308 Monterey Street, San Luis Obispo, CA Page 2 Figure 1 Noise Measurement & Residential Unit Locations Refer to Figure 2 for measurement locations and Table 2 for noise measurement data. Figure 2 Noise Measurement Locations Within Exterior Residential Patios Residential Unit #320 Residential Unit #330 Residential Unit #340 Refer to Table 2 for noise measurement data. Packet Page 272 Item 11 September 1, 2017 Noise Monitoring Survey Report: 1308 Monterey Street, San Luis Obispo, CA Page 3 Noise Measurement Results Noise measurement results are summarized in Table 2. As indicated, restaurant fan noise levels in the outdoor patios of the residential units ranged from approximately 62 to 66 dBA Leq/L50. The lowest measured noise levels were obtained at residential unit #320, which measured 62.1 dBA Leq/L50 near the center of the patio. Measured noise levels near the center of the patio at residential unit #340 measured 64.9 dBA Leq/L50. The highest noise levels were obtained at residential unit #330 which measured 66.2 dBA Leq/L50 at roughly 5 feet from the exterior of the fan’s duct chase. Measured noise levels at the exterior sliding door of this same residential unit measured 65.9 dBA Leq/L50. Because exterior surfaces of the residential patio are largely non- absorptive with multiple reflective surfaces, exterior noise levels at the entrance to the residential unit were roughly equivalent to those obtained near the center of the patio. Table 2 Noise Measurement Summary Noise Measurement Location & Description Average Noise Level (dBA Leq/L50) NM-320. Residential Unit #320. Near the center of outdoor patio. 62.1 NM-330A. Residential Unit #330. Outdoor patio, approximately 5 feet from duct chase. 66.2 NM-330B. Residential Unit #330. Outdoor Patio at near the exterior patio door. 65.9 NM-340. Residential Unit #340. Near the center of outdoor patio. 64.9 Measured Leq and L50 noise levels were roughly equivalent. Refer to Figure 1 and Figure 2 for noise measurement locations. It is important to note that the residential units are not equipped with air ventilation systems that allow doors and windows to remain closed during inclement weather conditions. With the patio doors open, interior noise levels in the vicinity of the patio door would be roughly equivalent to measured exterior noise levels. In addition, because the chase for the fan ductwork may share a common wall with adjacent residential units, structural vibration-induced noise may be detectable within some areas of the residential units. Summary of Findings & Recommendations As noted above and summarized in Table 2, restaurant exhaust fan noise levels in the outdoor patios of the residential units ranged from approximately 62 to 66 dBA Leq/L50. With exterior patio doors open, interior noise levels in the vicinity of the patio door would be roughly equivalent to measured exterior noise levels. Noise levels associated with restaurant exhaust fans can vary by manufacturer, size, and drive type (i.e., belt- drive or direct-drive). In general, belt-drive units are often quieter than direct-drive units during initial operation. However, belt-drive units have more moving parts, which often require increased maintenance. In comparison to direct-drive units, initial reductions in noise levels achieved by installation of belt-driven units may diminish over the life of the unit as these moving parts age. Grease accumulation within the fan can also affect operational noise levels by affecting air flow and fan balance; which, if improperly maintained, can contribute to increased airborne and vibration-induced noise levels. As a result, proper fan maintenance in accordance with manufacturer guidelines and routine cleaning is critical to minimize exhaust fan noise. As previously noted and depicted in Figure 2, the existing exhaust fans are largely unshielded from direct line- of-sight to the residential patios. The installation of shielding around the fan units can result in substantial reductions in operational noise levels. Depending on the construction materials used, design, and installation techniques, shielding installed sufficient to block line-of-sight to the residential patios would be anticipated to reduce operational noise levels by roughly 5 to 10 dB. Any shielding installed should not be susceptible to damage due to extended exposure to the elements (e.g., wind, air temperature, rain/humidity) with the passage of time. Shielding should be designed in consultation with an acoustical engineer or an individual with experience related to noise control. Packet Page 273 Item 11 612 12th Street, Suite 201 Paso Robles, CA 93446 805.226.2727 www.Ambient.Consulting NOISE MONITORING SURVEY REPORT Date: 9/30/2019 To: Kyle Bell, Associate Planner Community Development Dept. City of San Luis Obispo, CA From: Kurt Legleiter, Principal Site Address: Noise Monitoring Surveys at 1308 Monterey Street, San Luis Obispo, CA Introduction Noise measurements were conducted on September 24, 2019 at 1308 Monterey Street in San Luis Obispo, CA. The purpose of the noise measurement survey was to document operational noise levels associated with the restaurant up-blast exhaust fans, also commonly referred to as exhaust ventilators. Noise measurements were conducted at residential units #320 and #340 within the exterior patio areas and interiors of rooms located near the exterior patio doors. The locations of restaurant exhaust fans and residential units are depicted in Figure 1. Noise measurement locations for residential units #320 and #340 are depicted in Figures 2 and 3, respectively. Noise Measurement Procedures Noise measurements were conducted using Larson Davis Model 820 and LxT Precision Type 1 sound level meters. The calibration of the meters were checked before and after the measurement surveys using a Larson Davis Model CA200 calibrator. Measurements were taken over an approximate 5 to 10-minute period at each location between the daytime hours of approximately 1:00 p.m. to 1:30 p.m. Background ambient noise levels did not contribute substantially to measured noise levels obtained during the measurement surveys. Meteorological and site conditions during the noise measurement period are summarized in Table 1. Exterior site conditions within the residential patios consist largely of non-absorptive/reflective surfaces. All restaurant exhaust fans were noted as being up-blast type and all fans were operating during the measurement surveys. Because fan noise typically consists of a steady, audible tone with minimal fluctuations, significant variations in noise levels over longer periods of exposure would not be anticipated to occur. Based on the measurements conducted, instantaneous noise levels were roughly equivalent to (within 2 dB) the measured average noise level. For this reason, the average noise levels identified, expressed in dBA Leq, would be considered roughly equivalent to a percentile or statistical noise levels (i.e., dBA L50) and no adjustment for exposure periods was applied. Table 1 Summary of Meteorological & Site Conditions Temperature: 99-100 degrees Fahrenheit Instantaneous Wind Speed: 8-9 miles per hour Humidity: 15-16 percent Sky: Clear Surface Conditions: Dry, Non-Absorptive/Reflective Shielding of Source: Minimal to None Packet Page 274 Item 11 September 30, 2019 Page 2 Figure 1 Restaurant Exhaust Fan & Residential Unit Locations Packet Page 275 Item 11 September 30, 2019 Page 3 Figure 2 Noise Measurement Locations – Residential Unit #320 Residential Unit #320 – Interior, Near Patio Door Residential Unit #320 – Exterior Patio Near Fan Unit Residential Unit #320 – Near Patio Center Residential Unit #320 – Exterior, Near Patio Door Packet Page 276 Item 11 September 30, 2019 Page 4 Figure 3 Noise Measurement Locations – Residential Unit #340 Residential Unit #340 – Interior Room Residential Unit #340 – Exterior, Near Patio Door Residential Unit #340 – Exterior Patio Near Fan Unit Residential Unit #340 – Exterior, Near Patio Center Packet Page 277 Item 11 September 30, 2019 Page 5 Noise Measurement Results Noise measurement results are summarized in Table 2. As indicated, restaurant fan noise levels in the outdoor patios of the residential units ranged from approximately 57 to 60 dBA Leq/L50. Measured noise levels were highest within the exterior patio seating areas located nearest the fan units, which ranged from approximately 59 to 60 dBA Leq. Measured noise levels near the center of the exterior seating areas ranged from approximately 57 to 59 dBA Leq/L50. Exterior noise levels at the patio doors were approximately 57 to 58 dBA Leq/L50. Interior noise levels of the residential units measured approximately 52 to 55 dBA Leq/L50, depending on distance from the exterior door. Table 2 Noise Measurement Summary Residential Unit Noise Measurement Location Average Noise Level (dBA Leq/L50) 320 Interior. Near Patio Door 54.7 320 Exterior. Patio Seating Area Near Fan Unit 59.8 320 Exterior. Center of Patio 58.5 320 Exterior. Near Patio Door 57.5 340 Interior. Within Adjacent Room 52.1 340 Exterior. Near Patio Door 57.3 340 Exterior. Patio Seating Area Near Fan Unit 59.2 340 Exterior. Center of Patio Seating Area 57.1 Refer to Figures 2 and 3 for measurement locations. It is important to note that the residential units are not equipped with air ventilation systems that allow doors and windows to remain closed during inclement weather conditions. With the patio doors open, interior noise levels in the vicinity of the patio door would be roughly equivalent to, or slightly less, than measured exterior noise levels. In addition, because the chase for the fan ductwork may share a common wall with adjacent residential units, structural vibration noise may be detectable within some areas of the residential units. Summary Overview As noted above and summarized in Table 2, restaurant exhaust fan noise levels in the outdoor patios of the residential units ranged from approximately 57 to 60 dBA Leq/L50. With exterior patio doors open, interior noise levels in the vicinity of the patio door would be roughly equivalent to, or slightly less, than measured exterior noise levels. Packet Page 278 Item 11 ADMINISTRATIVE HEARING AGENDA REPORT SUBJECT: Review of extended hours for multiple tenant’s spaces within an existing mixed-use development. PROJECT ADDRESS: 1308 Monterey Street BY: Kyle Bell, Associate Planner Phone Number: (805) 781-7524 E-mail: kbell@slocity.org FILE NUMBER: DIR-4082-2016 RECOMMENDATION: Approve the Director’s Action Permit which modifies the hours of operation for the commercial tenants based on findings, and subject to conditions. SITE DATA Applicant George Garcia Complete Date November 23, 2016 General Plan General Retail Zoning Commercial Retail (C-R) Site Area ~12,799 square feet Environmental Status Categorically exempt from environmental review under CEQA Guidelines section 15301 (Existing Facilities) SUMMARY The applicant, George Garcia, has submitted an application to extend hours of operation for commercial activities within the existing mixed-use project known as The Mix at Monterey. The application was submitted in response to an active code violation for noise and unpermitted construction of rooftop equipment. The application is subject to the 2015 Zoning Regulations which established limitations on commercial activities within mixed-use projects between the hours of 7:00 AM to 6:00 PM. The project application was placed on hold by request from the neighbors from December 19, 2016 to March 4, 2019 to allow the applicant time to address code violations related to noise emitted from the unpermitted rooftop equipment. At this time all equipment has been permitted, however, the noise violation associated with the rooftop equipment is still active and being addressed (CODE-000145-2017). At the discretion of the Director, a Director’s Action Permit may be elevated to a Director’s Hearing. The Director has elevated the review given the active code violations and public controversy related to noise generated by the commercial operations on the site. Meeting Date: May 13, 2019 Item Number: 1 Packet Page 279 Item 11 DIR-4082-2016 1308 Monterey Street Page 2 1.0 PROJECT INFORMATION Site Information/Setting The project site is located in the C-R zone located at the corner of Johnson Avenue and Monterey Street. Surrounding uses include offices, restaurants, convenience stores, restaurants, retail, and residences. The subject property is surrounded by the C-R zone from all directions, with the exception of Medium Density Residential (R-3) zoning along the north property line. Project Description The applicant has requested hours of operations for the commercial uses as identified below; • Suite 110 / Raku Ramen: 8:00 AM to 9:00 PM • Suite 120 / Jaffa Café: 8:00 AM to 9:00 PM • Suite 140 / SC Taqueria: 8:00 AM to 11:00 PM (Sun – Wed) 8:00 AM to 11:00 PM (Thurs – Sat) • Suite 210 / Robbins Reed: 8:00 AM to 8:00 PM • Suite 230 / Garcia Architecture + Design: 8:00 AM to 8:00 PM • Suite 240 / Face-To-Face Spa: 8:00 AM to 8:00 PM • Suite 250 / Blue Marble Investments: 8:00 AM – 8:00 PM 2.0 PROJECT ANALYSIS Consistency with Zoning Regulations A Director’s Action Permit is required to establish operations outside of the allowed hours for mixed-use projects to ensure that commercial uses will not negatively impact the residential uses within the project. Staff has evaluated the project and identified conditions to consider in order to ensure the project is compatible with adjacent and nearby residential uses, as discussed in this analysis. Hours of Operation: The applicant’s proposal includes a request to adjust hours of operation for commercial uses associated with the mixed-use project between the hours of 8:00 AM to 11:00 PM, where 8:00 AM to 6:00 PM is normally allowed1 (the 2018 Zoning Regulations implemented on October 19, 2018, established hours of operation for mixed use projects between 7:00 AM to 8:00 PM). The hours of operation are defined as the time that customers or clients are present. The Noise Element of the General Plan sets noise exposure standards for noise-sensitive land uses, and performance standards for new commercial uses. Residences are considered a noise-sensitive land use and have specific thresholds for exposure. For reference, the maximum hourly interior noise exposure for a residence is 50 decibels between the hours of 7:00 AM and 10:00 PM (day) and 45 decibels from 10:00 PM to 7:00 AM (night). In order to ensure that the commercial uses will not negatively impact the residential uses within and nearby the project site, staff recommends Condition No. 3 limiting the hours of operation for all 1 Zoning Regulations Section 17.08.072.E(3). Hours of Operation. A mixed-use project proposing a commercial component that will operate outside of the hours from 8:00 a.m. to 6:00 p.m. shall require the Director's approval to ensure that the commercial use will not negatively impact the residential uses within the project. Packet Page 280 Item 11 DIR-4082-2016 1308 Monterey Street Page 3 commercial activity from 8:00 AM to 9:00 PM, until all noise violations have been resolved, as determined by the Community Development Director. The condition also establishes the hours of operation for all commercial uses once the noise violations have been closed Conditions No. 4 & 5 have also been included to ensure that all hours of operation remain consistent with the City’s Noise Element of the General Plan and the City’s Noise Ordinance. 4.0 ACTION The Administrative Hearing Officer does hereby approve the Director’s Action Permit (DIR-4082- 2016), which establishes the hours of operation for the commercial uses on the property, based on the following findings and conditions: Findings 1. As conditioned, the use will not harm the general health, safety, and welfare of people living or working in the vicinity because conditions of approval limiting commercial hours of operation will minimize noise impacts as well as impacts to police resources an d the community. 2. The proposed project is consistent with the General Plan, which designates the project site as General Retail. The City’s General Plan Land Use Element Table 1 states that the General Retail Land Use is designed to provide for goods and services adequate to meet most of the needs of city and county residents that includes restaurant uses, and the proposed hours of operation are identified for restaurant and office uses consistent with the underlying land use designation. 3. As conditioned, the proposed uses on site will not negatively impact the residential uses in the development because the proposed commercial activity will be limited to hours of operation consistent with specific thresholds established within the Noise Ordinance for noise-sensitive uses, and noise levels created by the uses during business hours shall be within allowable limits as described in the Municipal Code. 4. The project is categorically exempt from environmental review (Class 1, Section 15301, Existing Facilities CEQA Guidelines), because the project consists of the modification of hours of operation for businesses within an existing building located within an urbanized area that involves no expansion of use beyond what has been previously approved and will not have a significant effect on the environment. Conditions Planning Division 1. This Director’s Action Permit shall be subsequently reviewed at a public Administrative Hearing if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department employee, which includes information and/or evidence supporting a conclusion that a violation of this Director’s Action Permit, or of City ordinances or regulations or Police Department resources (calls for service) applicable to the Packet Page 281 Item 11 DIR-4082-2016 1308 Monterey Street Page 4 property or the operation of the business, has occurred. At the time of the review, to ensure on-going compatibility of the uses on the project site, conditions of approval may be added, deleted, or modified, or the Director’s Action Permit may be revoked. 2. The Director’s Action Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification of the permit is necessary upon significant change to the businesses as represented in the applicant’s submitted project application materials, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 3. The hours of operation shall be restricted to 8:00 AM to 8:00 PM for all commercial activity on the second floor, and 8:00 AM to 9:00 PM for all commercial activity on the ground floor, until all active noise violations are resolved. Once the property is found consistent with the noise ordinance by the Community Development Director, hours of operation shall be restricted per tenant suite as identified below; a. Suite 110: 8:00 AM to 9:00 PM b. Suite 120: 8:00 AM to 9:00 PM c. Suite 140: 8:00 AM to 10:00 PM (Sun – Wed) 8:00 AM to 11:00 PM (Thurs – Sat) d. Suite 210: 8:00 AM to 8:00 PM e. Suite 230: 8:00 AM to 8:00 PM f. Suite 240: 8:00 AM to 8:00 PM g. Suite 250: 8:00 AM to 8:00 PM The hours of operation for all outdoor food services shall operate no earlier than 8:00 AM and shall not remain open later than 9:00 PM 4. The applicant shall make reasonable efforts to minimize the potential for adverse noise and crowd impacts on adjacent establishments and nearby residences, including, but not limited to, ensuring that all windows and doors are closed no later than 9:00 PM, nightly. 5. The proposed use shall operate in conformance with the City Noise Ordinance (M.C. Chapter 9.12, Noise Control) to maintain compatibility with the nearby residences and businesses. 6. The site shall be maintained in a neat and orderly manner at all times, to the satisfaction of the Community Development Director. 7. The operation must meet all required County Health Department standards, obtain any necessary permits, and service to the areas shall be conducted in a safe manner at all times. The applicant shall ensure that tenants, residents, and owners be given 24 hours’ notice prior to each required cleaning of rooftop equipment outside of the established hours of operation. Indemnification 8. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this project, and all Packet Page 282 Item 11 DIR-4082-2016 1308 Monterey Street Page 5 actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and City shall fully cooperate in the defense against an Indemnified Claim." Action:  Approve  Approve as modified  Deny  Continue to: _______________ to allow _________________________________ ____________________________________________________________________  Continue indefinitely to allow: __________________________________________ _____________________________________________________________________ __________________________________ Tyler Corey, Principal Planner Hearing Officer Packet Page 283 Item 11 CITY OF SJin LUIS OBISPO Fee must accompany original signed appeal form Received by: __ APPEAL FORM RECE IV ED CITY OF SA ~~~d MAY 2 0 2019 COMMUNITY DEVELOPMENT Department of Community Development Planning Division SECTION 1. APPELLANT INFORMATION M<l.tk He.or)' Name Mailing Adress (54: l) d68 · 5.2. 50 Phone Fax In accordance with the procedures set forth in Title 17, Chapter 17.66 of the San Luis Obispo Municipal Code , I hereby appeal the decision of the : D Minor or Incidental Architectural Review (appealed to the ARC) Tier2 D Applicant Appeal: $889 .13 D Non-Applicant Appeal: $355.65 ' Zoning Hearing Officer-Administrative Hearing (appealed to Planning Commission) Tier 2 D Applicant Appeal: $889 .13 ~ Non-Applicant Appeal: $355.65 O Community Development Director (appealed to the Planning Commission) Tier 3 D Applicant Appeal: $311.45 D Non-Applicant Appeal: $311.45 D Community Development Director-Minor (appealed to the Planning Commission) Tier 4 D Applicant Appeal: $133.63 D Non-Applicant Appeal: $133.63 r-----------------------.. -·-----··--------------.......................... -........................................ _ .................... ·------------------------------------------------·-·-----i If an action by the Architectural Review commission, Cultural Heritage Committee or Planning Commission is ! being appealed, an "Appeal to the City Council" form is needed and can be obtained from the City Clerk's i Office. ' : , ___ ............ ---·-------· --------... --..... -·---... -...... -........ -.......... ri ......................... ~-... -- -............... --~--... ~ -----............ ·----------------------........... ------------... --------.... -~ Packet Page 284 Item 11 ' ' SECTION 2. SUBJECT OF APPEAL: The date the decision being appealed was rendered : Ma.,, 14, J..O I Cf I Project address: J 308 Mo~ie n:.y s+> SLO CA. Application number: DIR· '408.2. • lOt6 Explain specifically what action(s) you are appealing and why you believe your appeal should be considered. You may attach additional pages, if necessary: The scope of this Appeal is limited only to contesting only the provisional award of a 10 p.m. closing time to the Taqueria Santa Cruz . We are agreeable to all of the other operating hours established, provided the noise compliance measures in progress are completed in a timely manner. We submit that, as residents of the Community, we are entitled to the same protections as all other residents against excessive intrusions into our homes. Although, as residents with homes i.n a Mixed Use environment, the specific manner of protection may differ, we certainly have the same Constitutional right to protection from excessive and unnecessary intrusions into our homes that negatively affect our quality of life and the value of our property as other residents. Therefore, to substantiate our grounds for Appeal against the granting of a 10 p.m. closing to the Taqueria Santa Cruz, in the following Attachments we intend to show that allowing a 10 p.m. closing will not only have a negative impact on the Mixed Use Residences, but a severe negative impact. Attachment A: Negative Impact of Equipment Noise Attachment B: Negative Impact of Exterior Activities We respectfully request that the material be reviewed and considered and that the closing time for the closing time for the Taqueria Santa Cruz be established as 9 P:m. just like the other restaurants. ~Alo~-a Signature of Appellant -Date Revised 7-10-18 Packet Page 285 Item 11 SUBJECT: DIR-4082-2016 1308 Monterey Street "The Mix" APPEAL OF HEARING OFFICER'S DECISION -14 May 2019 SPECIFICALLY: The Granting of a 10:00 p.m. Closing time to the Taqueria Santa Cruz (#140) ATIACHMENT A: Negative Impact of Equipment Noise Our primary objection to a 10:00 p.m. closing for the Taqueria Santa Cruz is excessive noise impact to the residents. Among the most serious sources of noise is their rooftop hood exhaust fan, which is located next to two units, Unit 330 occupied by tenants, and Unit 340 occupied by owner/residents. This fan operates from early morning to late at night, seven days a week. The fan is documented as exceeding the noise limits allowed even in a Commercial zone, and they have been twice directed under Administrative Citations to cease the activity (See Al, AZ), yet they continue to operate it without any apparent intention to change it to a quieter fan as was done in the other area. The level of noise from this single fan exceeds the combined noise level of three fans located in the other area. (At one point the owner/residents even offered to contribute to the replacement of this fan to avoid bringing the matter to the City. Their offer was rebuffed, the restaurant claiming they didn't have to do anything.) The effect of the fan noise is compounded by site conditions: The Approved Drawings for the Project, sheet Al.2, Note 24 (See A3) specifically state: "NEW HABITABLE PORTIONS OF THIS PROJECT SHALL COMPLY WITH THE CITY OF SAN LUIS OBISPO NOISE GUIDEBOOK PRESCRIPT/VE MEASURES FOR A NOISE LEVEL REDUCTION OF 20 dB WHICH INCLUDES THE PROVISION OF AIR CONDITIONING OR OTHER MECHANICAL VENT/LA TION SYSTEM SUCH THAT DOORS AND WINDOWS MAY REMAIN CLOSED." This was not done. There is no air-conditioning or mechanical system or other mechanical ventilation system such that doors and windows can remain closed, and the prescriptive measures were ignored by placing ventilation shafts adjacent to and within the line-of-sight of the residences and by placing operable doors and windows within that line-of sight. This situation was aggravated by failing to consider the effect of noise in subsequent permits for the rooftop fans. The end result is that the residences are extremely vulnerable to negative impact from the operation of the rooftop fans, which is a Commercial activity. Noise compliance efforts are underway but even they will not mitigate the vibration-induced noise audible in the bedrooms. Therefore, the only way to adequately address this vulnerability is reasonable hours of operation, and it is vital that the operation of the rooftop equipment be strictly confined to those hours. In summary, because the project was not constructed consistent with the Planning Regulations that require the minimization of noise, we submit that these existing conditions, and the concentration of three very active restaurants in a relatively small area, preclude very early and late operating hours which include operation of this equipment, and that allowing operating hours before 8:00 a.m. and after 9:00 p.m. on this property has resulted in a severe negative impact upon the Residential Units. Attachment A -Negative Impact of Equipment Noise Packet Page 286 Item 11 Citation No.: 13176 :" • H r:z .. r: '5!~~J; Sar· :.ul s .J.:1sr :-·:.A 9?4:n ~3:::·1 ;-; 301! 73 ! 7, ro AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUN I CIPAL CODE x d1 o I / D 11 ADDRESS OF VIOLATION: 1308 Monterey St #140 SLO, CA 93401 APN: 001-226-004 DATE OF VIOLATION: iViav 3 'l. 20 'l8 NAME: Monterey & Johnson LLC ADDRESS: 1308 Monterey Street #230, San Luis Obispo, CA 93401 CODE SECTION DESCRIPTION OF VIOLATION FINE MC§ i'II · o· · · · · · $100 9.12.070[2][a] 01ss 1sw!'oance-1ni:enor MC§ fN I -·-i· I J . ._ ' ' $100 9.12.060[2][a] 01se iJ'3curoance-t:Kcenor Amount Due (or subtotal if daily fine) $200 IJ 9aily ~i Aes apply tl:le +O+Ab AMQIJN:S: DY& -fAe . eays) X s1:1&te~al -xxxxxxx Payment of the fine shall be made by check or money order. Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to the special assessment and lien procedure contained in SLOMC 1.24.140. This may result in the imposition of a lien or special assessment against the property in the amount of any unpaid fines. fVlzJn F~c!ift"'.n0rT,~; ·tr;; , CH:y O'f SfJ~1 L.u!s t)\1;.spo~ Corf~n .. n.,n~H21 YJrrveiof)rn~nt [)~partrtH:H1, 9"19 ~:1ahrt Stref=·i, San L.uk~ OiJ!sr:a,1 (!l:, £~:~f.O·i You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below . Each responsible party is Individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the t for more infonnation . Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Lui ·spo, CA 93401 Issued By: Steve Sheats Signatu re: ~ Title: Code Enforcement Officer RELATED CE CASE: CODE-1790-2016 DATE CITATION ISSUED: May 31, 2018 Al -Negative Impact of Equipment Noise Packet Page 287 Item 11 • Citation No.: 16435 -"r'I' 11\l"'"' iii" •• <I ' " ,, Communiq1 Development AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1 sr C tat on X nd Cl at o ra Cit tlo ddltion I J Da'ly Fin ADDRESS OF VIOLATION: 1308 Monterey Street #140, SLO, CA 93401 APN: 001-226-005 DATE OF VIOLATION: March 18, 2019 NAME: Monterey & Johnson LLC ADDRESS: 1308 Monterey Street #230, San Luis Obispo, CA 93401 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY QROER5J>"\. IM I y THE FINE. LYQU ~~ U HER OR EREO O CE S TH ACTIVI I ING RIS O VIOLAT ON WHEN CORF{e'cfl'otfs L E N I A f (805) 8 -8 • TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(&) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC§ 9.12.070[2][a] Noise Disturbance -Interior $500 MC§ 9.12.060[2][a] Noise Disturbance -Exterior $500 Amount Due ( or subtotal if daily fine) $1000 IJ Qaily l=iRes apply lhe ;~ .&MOUNt: DU& -~Re. Etays) X s~alelal )()(x x-x xx --..... -·-- Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. Delinquent fines are also subject to the special assessment and lien procedure contained in SLOMC 1.24.150. This may result in the imposition of a lien or special assessment against the property in the amount of any unpaid fines. You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Steve Sheats Signature:._--.:~::;S;=:::::..-----Title: Code Enforcement Officer RELATED CE CASE: CODE-1790-2016 DATE CITATION ISSUED: March 19, 2019 I A2 -Negative Impact of Equipment Noise Packet Page 288 Item 11 .0) PHOTOVOLTAIC PANEL ARRAY r"') 0 8'x8 ' ALUMINUM + GLASS OVERHEAD SECTIONAL DOOR PER SCHEDULE A7 .1 ~ HOLELESS HYDRAULIC PASSENGER ELEVATOR AND HOI STWAY PER CBC CHAPTER 30, \.-:_) 1007 .4, AND 11168. SEE SHEET A0.3 DIVISION 14 FOR MORE INFORMATION 8 ENCLOSED EXIT STAIR, 36" MIN. WIDTH © EXTERIOR EXIT STAIR, 48" CLEAR WIDTH BETWEEN HANDRAILS © EXTERIOR WALKWAY /EGRESS BALCONY, ELASTATEX 500 FINISH, COLOR=BRIGHT GRAY 0 PRIVATE ROOF DECK, ELASTATEX 500 FINISH, COLOR=BRIGHT GRAY ® 2-HOUR FIRE RATED MECHANICAL VENTILATION SHAFT ENCLOSURE, TYPICAL OF (4) 0 OPEN TO BELOW @ POTENTIAL ACCESSIBLE RESTROOM, SEE SHEET A5.1 @ SHEET METAL WINDOW BUCK, SEE EXTERIOR ELEVATIONS SHEETS A2.1 + A2.2 @ 1 x6 IPE WOOD SCREEN, SEE EXTERIOR ELEVATIONS 2IA2 .2 @ LINE OF AWNING ABOVE @ LINE OF BUILDING/BALCONY ABOVE (;";;:\. . ELEVATOR MACHINE ROOM, PROVIDE FRESH-AIR VENTILATION AND 1-HOUR ~ FIRE-RESISTANCE CONSTRUCTION AT WALLS AND CEILING PER CBC 1009.5.3 (~~ GUARDRAIL, TOP 42" ABOVE ADJACENT WALKING SURFACE @ ELECTRICAL EQUIPMENT CLOSET @ PROVIDE CLEAR AND LEVEL LANDING AT EXTERIOR DOORS PER CBC 11338.2.4 @ BUILT -IN PLANTER @ @ MOMENT FRAME PER STRUCTURAL COLUMN PER STRUCTURAL @ STEP IN CONCRETE SLAB, SEE CIVIL DRAWINGS FOR FINISH FLOOR ELEVATIONS c&?·r-t,QJ 'l'Pl~u:t.1'1 AL CYCL A .NEW HABITABLE PORTIONS OF THIS PROJECT SHALL COMPLY WITH THE CITY OF SAN LUIS OBISPO NOISE GUIDEBOOK PRESCRIPTIVE MEASURES FOR A NOISE LEVEL REDUCTION OF 20 dB WHICH INCLUDES THE PROVISION OF AIR CONDITIONING OR ~ OTHER MECHANICAL VENTILATION SYSTEM SUCH THAT DOORS AND WINDOWS MAY REMAIN CLOSED. THIS PROJECT SHALL FOLLOW NORMAL CONSTRUCTION PRACTICES, APPLICABLE BUILDING · CODES, AND EMPLOY CAREFUL WORKMANSHIP INCLUDING THE CAULKING OF JOINTS AND BASE PLATES AND INSTALLATION OF WEATHER STRIPPING . ACOUSTICAL LEAKS IN WALLS, ROOFS, AND CEILINGS SHOULD BE AVOIDED BY PROPER Y SEALING PENETRATIONS ND BY ELI MINATING FLANKING PATHS . ® PROVIDE CAST-IRON SANITARY DRAINAGE PIPING THROUGHOUT THE PROJECT , @ :=-IRE RISER AND CLASS Ill STANDPIPE CLOSET WITH EXTERIOR ACCESS DOOR 28 i<NOX BOX , MOUNT PER FIRE DEPARTMENT DIRECTION NEAR FIRE RISER CLOSET DOOR A3 -Negative Impact of Equipment Noise garcia architecture+ c 1037 mill str san luis obis california 93 ph: 805 .783.1 fx: 805.783.1 www .garci aa rchdes lg George Garcia, AIA C The Mix @ Mont 1308 Monterey San Luis Obispo ~a9340· At. z \ ''PLAAl AJDTt:.> ... Packet Page 289 Item 11 . . SUBJECT: DIR-4082-2016 1308 Monterey Street "The Mix" APPEAL OF HEARING OFFICER'S DECISION -14 May 2019 SPECIFICALLY: The Granting of a 10:00 p.m. Closing time to the Taqueria Santa Cruz (#140) ATTACHMENT B: Negative Impact of Exterior Activities Our primary objection to a 10:00 p.m. closing for the Taqueria Santa Cruz is excessive noise impact to the residents. For years this particular restaurant's exterior activities at late hours have had a severe negative impact on the quality of life and property values of the Mixed Use residents. One major factor is that noise from restaurant activities does not cease at closing time. After closing, noise continues: lingering customers; car doors slamming in the parking area; departing customer and employee vehicles rewing their engines; worse yet...occasional motorcycles; loud conversations; music blaring from vehicles; the banging and clattering of furnishings being put away; trash containers being dragged across the asphalt parking area, etc. This exterior noise goes on for the better part of an hour, seven nights a week, until the employees finally leave after locking up. These exterior activities affect all Residential units, not just those adjacent to the Taqueria Santa Cruz. We submit that these are, in fact, Commercial activities directly related, part and parcel, to restaurant operations. A 10:00 p.m. closing is effectively an 11:00 p.m. closing as far as noise impact to Mixed Use residents. A 10 p.m. closing imposes a severe negative impact on Mixed Use residents because it forces these post-closing activities into the post 10 p.m. night-time period, which has lower acceptable levels of noise under the Noise Regulations, and for good reason. The end result will be constant and difficult to enforce complaints, ebbing and flowing in intensity that will inevitably result in a clamor to revoke the 10 p.m. closing, at continued inconvenience to the City the City and its hard-working employees. This can only be avoided by a strict policy of a 9 pm closing time for all restaurants on this or any other Mixed Use project, at least those with multiple restaurants. In summary, we submit that allowing a 10 p.m. closing will have a severe negative impact upon the Residents, which is not consistent with the Planning Regulations in effect at the time of the Application, which state that the Director [City] is responsible to see to it that negative impacts to Mixed Use residents are minimized, if not avoided. Regardless, as residents of the community we have the same rights against noise intrusion into our homes as all other residents, even in a Mixed Use environment. Extended operating hours, by definition, increase the negative impacts to Mixed Use residents. In this case late hours have resulted in a severe negative impact to Mixed Use residents and that must not be allowed to continue. Attachment B -Negative Impact of Exterior Noise Packet Page 290 Item 11 Meeting Date: July 10, 2019 Item Number: #1 2 PLANNING COMMISSION AGENDA REPORT SUBJECT: Review of an appeal of the Administrative Hearing Officer’s decision to approve an application to allow hours of operation for a restaurant use within a mixed-use development to extend to 10:00 PM. The project is categorically exempt from environmental review. PROJECT ADDRESS: 1308 Monterey Street BY: Kyle Bell, Associate Planner Phone Number: (805) 781-7524 E-mail: kbell@slocity.org FILE NUMBER: APPL-0323-2019 (DIR-4082-2016) FROM: Shawna Scott, Senior Planner RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) denying the appeal and upholding the Administrative Hearing Officer’s decision to approve the hours of operation for multiple commercial and office tenant spaces within an existing mixed-use development. SITE DATA Appellant Mark Henry Appeal Date May 20, 2019 General Plan General Retail Zoning Commercial Retail (C-R) Site Area ~12,799 square feet Environmental Status Categorically exempt from environmental review under CEQA Guidelines section 15301 (Existing Facilities) 1.0 BACKGROUND The applicant, George Garcia, submitted an application on November 3, 2016 to extend hours of operation for commercial activities within the existing mixed-use project known as The Mix at Monterey from 8:00 AM to 11:00 PM. The application is subject to the 2015 Zoning Regulations, which established limitations on commercial activities within mixed-use projects between the hours of 7:00 AM to 6:00 PM. The application was submitted in response to an active code violation for noise and unpermitted construction of rooftop equipment. The project application was placed on hold, by request from the residents of the mixed-use development, and agreed to by the applicant, from December 19, 2016 to March 4, 2019, to allow the applicant time to address code violations related to noise emitted from the unpermitted rooftop equipment (commercial kitchen exhaust fans). At this time, all rooftop mounted equipment has been permitted (EPM-5950-2016). The noise violation associated with the rooftop Packet Page 291 Item 11 APPL-0323-2019 (DIR-4082-2016) 1308 Monterey Street Page 2 equipment is still active, the applicant applied for a permit to construct an acoustical shroud around the exhaust fans to reduce the noise exposure, while the shroud has been i nstalled an additional noise assessment will be required to determine compliance prior to closing the noise violation (CODE-000145- 2017). The applicant’s proposal includes a request to adjust hours of operation for commercial uses associated with the mixed-use project between the hours of 8:00 AM to 11:00 PM, where 8:00 AM to 6:00 PM is normally allowed1 (the 2018 Zoning Regulations implemented on October 19, 2018, established hours of operation for mixed use projects between 7:00 AM to 8:00 PM). The hours of operation are defined as the time that customers or clients are present. The Noise Element of the General Plan sets noise exposure standards for noise-sensitive land uses, and performance standards for new commercial uses. Residences are considered a noise-sensitive land use and have specific thresholds for exposure. For reference, the maximum hourly interior noise exposure for a residence is 50 decibels between the hours of 7:00 AM and 10:00 PM (day) and 45 decibels from 10:00 PM to 7:00 AM (night). A Director’s Action Permit is required to establish operations outside of the allowed hours for mixed- use projects to ensure that commercial uses will not negatively impact the residential uses within the project. At the discretion of the Director, a Director’s Action Permit may be elevated to a Director’s Hearing. The Director elevated the review given the active code violations related to noise generated by the commercial operations on the site. Administrative Hearing Officer Decision On May 13, 2019, the Administrative Hearing Officer reviewed the proposed request for extended hours of operation from 8:00 AM to 11:00 PM and established a condition on the property that restricted all commercial activity to 8:00 AM to 8:00 PM on the second floor, and 8:00 AM to 9:00 PM for all commercial activity on the ground floor, until all active noise violations are resolved (Condition No. 3). However, the condition does allow the extension of hours of operation to 10:00 PM only for Suite 140 (Taqueria de Santa Cruz), once all noise violations are resolved. The Administrative Hearing Officer restricted the applicant’s request for the extended hours to 11:00 PM Thursday through Saturday for Suite 140. Once the noise violations are resolved, the Hearing Officer determined 10:00 PM as the appropriate limitation to hours of operation consistent with specific thresholds established within the Noise Ordinance for noise-sensitive uses, and noise levels created by the uses during business hours shall be within allowable limits as described in the Municipal Code. 2.0 COMMISSION’S PURVIEW The Planning Commission’s role is to determine if hours of operation for the restaurant are appropriate within the Mixed-Use Development in terms of its consistency with the City General Plan and Zoning Regulations, and other applicable policy documents. The Planning commission is being asked to review the proposed hours of operation, the concerns of the appeal, and provide a final determination regarding the restaurant’s hours of operation. 1 2015 Zoning Regulations Section 17.08.072.E(3). Hours of Operation. A mixed-use project proposing a commercial component that will operate outside of the hours from 8:00 a.m. to 6:00 p.m. shall require the Director's approval to ensure that the commercial use will not negatively impact the residential uses within the project. Packet Page 292 Item 11 APPL-0323-2019 (DIR-4082-2016) 1308 Monterey Street Page 3 3.0 APPEAL EVALUATION On May 20, 2019, Mark Henry, on behalf of the residents at 1308 Monterey Street, filed an appeal of the Administrative Hearing Officer’s decision to approve the extended hours specifically for the Taqueria de Santa Cruz to 10:00 PM. The appeal letter expresses that the residents are agreeable to all of the other operating hours established at the Director’s Hearing. The appeal letter expresses concerns against granting the 10:00 PM extension and requests that the Taqueria be limited to the same hours as the other restaurants, 9:00 PM. The appeal letter highlights two areas of concerns regarding impacts from noise, summarized below: 1) Negative Impacts of Equipment Noise. The rooftop mounted equipment (exhaust fans), which have been documented as a violation of the City’s Noise Ordinance, operate during all hours of operation each day of the week. While noise compliance efforts are underway through the active code violation case, there are remaining concerns that the noise and vibrations from the fans are considered a negative impact on the residents in the early mornings and late evenings. 2) Negative Impacts of Exterior Activities. Typically, after closing time noise has been observed to continue; lingering customers; car doors slamming and revving engines; noise from closing activities such as moving furniture and trash containers, etc. The concern is that these activities continue the noise impacts on the residents an hour after the established closing time. In summary, the appeal letter expresses concerns related to the definition of commercial activity and advocates that mechanical equipment and exterior activities should be considered when establishing the hours of operation, suggesting 9:00 PM as the latest hours for operation. Staff Response The Noise Element of the General Plan sets noise exposure standards for noise -sensitive land uses, and performance standards for new commercial uses, with a threshold that is more restrictive in the evening hours between 10:00 PM to 7:00 AM. As previously noted, the maximum hourly interior noise exposure for a residence is 50 decibels between the hours of 7:00 AM and 10:00 PM (day) and 45 decibels from 10:00 PM to 7:00 AM (night). The Administrative Hearing Officer’s decision to restrict hours to 10:00 PM for the commercial suite 140 is consistent with this threshold change established in the General Plan, which designates the project site as General Retail. The proposed uses on site will not negatively impact the residential uses in the development because the proposed commercial activity will be limited to hours of operation consistent with specific thresholds established within the Noise Ordinance for noise- sensitive uses, and noise levels created by the uses during business hours shall be within allowable limits as described in the Municipal Code. 4.0 ENVIRONMENTAL REVIEW The project is categorically exempt under Class 1, Existing Facilities, Section 15301 of the CEQA Guidelines, because the project consists of the modification of hours of operation for businesses within an existing building located within an urbanized area that involves no expansion of use beyond what has been previously approved and will not have a significant effect on the environment. Packet Page 293 Item 11 APPL-0323-2019 (DIR-4082-2016) 1308 Monterey Street Page 4 5.0 ALTERNATIVES 5.1 Continue the item. An action to continue the item should include a detailed list of additional information or analysis required. 5.2 Uphold the appeal. Upholding the appeal may still grant approval of the project with the modification to Condition No. 3 to limit hours of operation for Suite 140 to 9:00 PM, nightly. 6.0 ATTACHMENTS 1. Draft Resolution 2. Appeal Letter – Mark Henry Packet Page 294 Item 11 Packet Page 295 Item 11 Packet Page 296 Item 11 Packet Page 297 Item 11 CityofSanLuisObispo, CouncilAgenda, CityHall, 990PalmStreet, SanLuisObispo Minutes Planning Commission Regular Meeting Wednesday, July 10, 2019 CALL TO ORDER A Regular Meeting of the San Luis Obispo Planning Commission was called to order on Wednesday, July 10, 2019 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Chair Mike Wulkan. ROLL CALL Present : Commissioners Robert Jorgensen, John McKenzie(left meeting at 8:18 PM), Charles Stevenson, Vice-Chair Hemalata Dandekar, and Chair Mike Wulkan. Absent: Commissioners Steve Kahn and Nicholas Quincey Staff: Community Development Director Michael Codron, Senior Planner Shawna Scott, Assistant City Attorney Charles Bell, City Clerk Teresa Purrington Pledge of Allegiance Chair Wulkan led the Pledge of Allegiance. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA None PUBLIC HEARINGS 1.1308 Monterey St. Review of an appeal of the Administrative Hearing Officer’s decision to approve an application to allow hours of operation for restaurant use within a mixed-use development to extend to 10:00 p.m. The project is categorically exempt from environmental review. Case #: APPL-0323-2019, C-R Zone; Mark Henry, appellant. KyleBell, Associate Planner presented the staff report and responded to Commission inquiries. Appellant Representative, Amy Blalock, summarized why she felt the appeal should be granted. Applicant/Owner, George Garcia, presented why be felt the appeal should be denied. Packet Page 298 Item 11 Planning Commission Meeting Minutes July 10, 2018 Page 2 of 4 Chair Wulkan opened the public hearing. Public Comments None Chair Wulkan closed the public hearing ACTION: MOTION BY COMMISSIONER STEVENSON, SECOND BY CHAIR WULKAN, CARRIED 3-2-2 (COMMISSIONER JORGENSEN AND VICE CHAIR DANDEKAR VOTING NO, COMMISSIONERS KAHN AND QUINCEY ABSENT) to uphold the appeal and adopt a revised Resolution entitled: A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION UPHOLDING AN APPEAL AND AMENDING THE DIRECTOR’S ACTION PERMIT APPROVAL OF THE CONDITION EXTENDING THE HOURS OF OPERATION FOR THE COMMERCIAL ACTIVITIES WITHIN A MIXED -USE DEVELOPMENT. THE PROJECT IS CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED JULY 10, 2019 ( 1308 MONTEREY STREET, DIR-4082-2019)” with the following changes: Condition 3c shall be amended to: 8:00 AM to 9:00 PM Condition 4 shall be amended to: Applicant shall make affirmative reasonable efforts to minimize the potential for adverse noise….. Add Condition 4a: All loud noise and vibration generating equipment, including exhaust fans should be regularly maintained for the life of the commercial business. All needed repairs identified should be completed within 30 days. Condition 5 shall add the additional language: When applying these standards to residential units, measurements should be taken from residential locations as follows: exterior noise from active areas such as outdoor balconies, interior noise from interior rooms closest to the noise source with windows open unless air conditioning or mechanical ventilation exists. Vibration from within rooms closest to vibration source with windows open unless air conditioning or mechanical ventilation exists. 2.221 Casa St. Review of an appeal of the Community Development Director’s decision to approve a remodel and major addition to a legal nonconforming single-family residence to create a three-unit residential structure containing three one-bedroom dwellings. Project includes the removal of one existing pepper tree. (ARCH-1512-2018) This project is categorically exempt from environmental review. Case #: APPL-0331-2019, O Zone; Diller Ryan, appellant. Kyle Van Leeuwen, Assistant Planner presented the staff report and responded to Commission inquiries. Packet Page 299 Item 11 Planning Commission Meeting Minutes July 10, 2018 Page 3 of 4 Appellant, Diller Ryan, summarized why he felt the appeal should be granted. Applicant Representative, Michael Delmeyer, presented why be felt the appeal should be denied. Chair Wulkan opened the public hearing. Public Comments None Chair Wulkan closed the public hearing ACTION: MOTION BY COMMISSIONER STEVENSON, SECOND BY COMMISSIONER JORGENSEN, CARRIED 4-1-2 (COMMISSIONER MCKENZIE VOTING NO AND COMMISSIONERS KAHN AND QUINCEY ABSENT) to adopt a resolution entitled: A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL (FILED BY DILLER RYAN) THEREBY APPROVING A REMODEL AND ADDITION TO A LEGAL NONCONFORMING SINGLE- FAMILY RESIDENCE TO CREATE THREE ONE-BEDROOM RESIDENTIAL UNITS IN TWO STRUCTURES IN THE OFFICE ZONE, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JULY 10, 2019 (221 CASA STREET, APPL-0331-2019)” with the following addition to the conditions of approval: Plans submitted for building permits shall increase the outdoor private space where possible including the south facing balcony on building two and by extending the south facing balcony on building one. RECESS: The Commission recessed at 8:10 p.m. and reconvened at 8:15 p.m. with all Commissioners present. 3. 3214 Rockview Pl. Review of two new residential structures consisting of ten one-bedroom units. Two existing residential structures consisting of four two-bedroom units within the project site are proposed to remain. The project includes a requested 35% density bonus for dedication of one unit as “Very Low Income” (11% of total units proposed with initial density). Project includes two affordable housing incentive requests: a front setback exception of ten feet where 20 feet is normally required; and a side setback exception of 7.5 feet where 14 feet is normally required. A creek setback exception is also requested to allow structures to be constructed approximately nine feet from the top of bank, where 20 feet in normally required. This project is categorically exempt from environmental review. Case #: ARCH-0022-2019 AFFH-0328-2019, R-2-S Zone; Anthony Aurignac, applicant. Packet Page 300 Item 11 Planning Commission Meeting Minutes July 10, 2018 Page 4 of 4 Commissioner McKenzie indicated he would have to recuse himself due to a conflict of interest as he owns property within 300 feet of the project. Commissioner McKenzie left the meeting. Kyle Van Leeuwen, Assistant Planner presented the staff report and responded to Commission inquiries. Applicant Representative, Pam Ricci, RRM Design provided an overview of the project; Public Comments None ACTION: MOTION BY COMMISSIONER STEVENSON, SECOND BY COMMISSIONER JORGENSEN, CARRIED 4-0-1-2 (COMMISSIONER MCKENZIE RECUSED AND COMMISSIONERS KAHN AND QUINCEY ABSENT) to adopt a resolution entitled: A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION APPROVING THE DEVELOPMENT OF A TWO NEW RESIDENTIAL STRUCTURES CONSISTING OF TEN ONE-BEDROOM UNITS, INCLUDING A 35% DENSITY BONUS FOR DEDICATION OF ONE UNIT AS “VERY LOW INCOME”, TWO AFFORDABLE HOUSING INCENTIVE REQUESTS INCLUDING A FRONT SETBACK EXCEPTION OF TEN FEET AND A SIDE SETBACK EXCEPTION OF 7.5 FEET, AND A CREEK SETBACK EXCEPTION OF NINE FEET, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JULY 10, 2019 3214 ROCKVIEW, ARCH-0022-2019 & AFFH-0328-2019)” COMMENT AND DISCUSSION 4. Agenda Forecast – Senior Planner Shawna Scott provided an update of upcoming projects. ADJOURNMENT The meeting was adjourned at 8:39 p.m. The next Regular meeting of the Planning Commission is scheduled for Wednesday, July 24, 2019 at 6:00 p.m., in the location, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE PLANNING COMMISSION: 07/24/2019 Packet Page 301 Item 11 Packet Page 302 Item 11 Packet Page 303 Item 11 Packet Page 304 Item 11 Packet Page 305 Item 11 R _______ RESOLUTION NO. ________ (2019 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, UPHOLD AN APPEAL OF THE PLANNING COMMISSION DECISION AND THEREBY UPHOLDING THE ADMINISTRATIVE HEARING OFFICERS APPROVAL MODIFYING CONDITIONS OF APPROVAL FOR LIMITING THE HOURS OF OPERATION FOR THE COMMERCIAL ACTIVITIES WITHIN AN EXISTING MIXED-USE DEVELOPMENT. THE PROJECT IS CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED JULY 10, 2019 (1308 MONTEREY STREET, APPL-0594-2019 OF DIR-4082-2016) WHEREAS, the Administrative Hearing Officer of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on May 13, 2019, pursuant to a proceeding instituted under DIR-4082-2016, George Garcia, applicant; and WHEREAS, on May 20, 2019, Mark Henry, on behalf of the residents at 1308 Monterey Street, filed an appeal of the Administrative Hearing Officer’s action (APPL-0323-2019); and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 10, 2019, voted 3:2 to deny the appeal and approve the project, subject to modified conditions of PC Resolution No. 1004-19; pursuant to a proceeding instituted under APPL-0323-2019, Mark Henry, appellant; and WHEREAS, On July 22, 2019, Taqueria de Santa Cruz, filed an appeal of the Planning Commission action (APPL-0594-2019); and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October 22, 2019, pursuant to a proceeding instituted under APPL-0594-2019, Taqueria de Santa Cruz, appellants; and WHEREAS, the City Council of the City of San Luis Obispo has duly considered all evidence, including the record of the Planning Commission hearing and action, testimony of the appellants and interested parties, and evaluation and recommendations by staff, presented at said hearing. WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Packet Page 306 Item 11 Resolution No. _____ (2019 Series) Page 2 SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings to uphold the applicants appeal (APPL-0594-2019) of the Planning Commission decision, hereby granting final approval to the project (DIR-4082-2016): 1. As conditioned, the use will not harm the general health, safety, and welfare of people living or working in the vicinity because conditions of approval limiting commercial hours of operation will minimize noise impacts as well as impacts to police resources and the community. 2. As conditioned, the proposed project is consistent with the General Plan, which designates the project site as General Retail. The City’s General Plan Land Use Element Table 1 states that the General Retail Land Use is designed to provide for goods and services adequate to meet most of the needs of city and county residents that includes restaurant uses, and the proposed hours of operation are identified for restaurant and office uses consistent with the underlying land use designation. 3. As conditioned, the proposed uses on site will not negatively impact the residential uses in the development because the proposed commercial activity will be limited to hours of operation consistent with specific thresholds established within the Noise Ordinance for noise-sensitive uses, and noise levels created by the uses during business hours shall be within allowable limits as described in the Municipal Code. SECTION 2. Environmental Review. The project is categorically exempt under Class 1, Existing Facilities; Section 15301 of the State California Environmental Quality Act (CEQA) Guidelines, because the project consists of the modification of hours of operation for businesses within an existing building located within an urbanized area that involves no expansion of use beyond what has been previously approved and will not have a significant effect on the environment. SECTION 3. Action. The project conditions of approval do not include mandatory code requirements. Code compliance will be verified during the plan check process, which may include additional requirements applicable to the project. The City Council does hereby grant final approval to the project with incorporation of the following conditions: Planning Division 1. This Director’s Action Permit shall be subsequently reviewed at a public Administrative Hearing if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department employee, which includes information and/or evidence supporting a conclusion that a violation of this Director’s Action Permit, or of City ordinances or regulations or Police Department resources (calls for service) applicable to the property or the operation of the business, has occurred. At the time of the review, to ensure on-going compatibility of the uses on the project site, conditions of approval may be added, deleted, or modified, or the Director’s Action Permit may be revoked. Packet Page 307 Item 11 Resolution No. _____ (2019 Series) Page 3 2. The Director’s Action Permit shall be reviewed by the Community Development Director for compliance with conditions of approval, or to determine whether a modification of the permit is necessary upon significant change to the businesses as represented in the applicant’s submitted project application materials, or in the event of a change in ownership which may result in deviation from the project description or approved plans. 3. The hours of operation shall be restricted to 8:00 AM to 8:00 PM for all commercial activity on the second floor, and 8:00 AM to 9:00 PM for all commercial activity on the ground floor, until all active noise violations are resolved. Once all active noise violations are resolved, hours of operation shall be restricted per tenant suite as identified below; a. Suite 110: 8:00 AM to 9:00 PM b. Suite 120: 8:00 AM to 9:00 PM c. Suite 140: 8:00 AM to 10:00 PM d. Suite 210: 8:00 AM to 8:00 PM e. Suite 230: 8:00 AM to 8:00 PM f. Suite 240: 8:00 AM to 8:00 PM g. Suite 250: 8:00 AM to 8:00 PM The hours of operation for all outdoor food services shall operate no earlier than 8:00 AM and shall not remain open later than 9:00 PM, daily. 4. The applicant shall make affirmative efforts to minimize the potential for adverse noise and crowd impacts on adjacent establishments and nearby residences, including, but not limited to, ensuring that all windows and doors are closed no later than 9:00 PM, nightly. a. All loud noise and vibration generating equipment, including exhaust fans should be regularly maintained for the life of the commercial business. All needed repairs identified should be completed within 30 days. 5. The proposed use shall operate in conformance with the City Noise Ordinance (M.C. Chapter 9.12, Noise Control) to maintain compatibility with the nearby residences and businesses. When applying these standards to residential units, measurements should be taken from residential locations as follows: exterior noise from active areas such as outdoor balconies, interior noise from interior rooms closest to the noise source with windows open unless air conditioning or mechanical ventilation exists. 6. The site shall be maintained in a neat and orderly manner at all times, to the satisfaction of the Community Development Director. 7. The operation must meet all required County Health Department standards, obtain any necessary permits, and service to the areas shall be conducted in a safe manner at all times. The applicant shall ensure that tenants, residents, and owners be given 24 hours’ notice prior to each required cleaning of rooftop equipment outside of the established hours of operation. Packet Page 308 Item 11 Resolution No. _____ (2019 Series) Page 4 Indemnification 8. The applicant shall defend, indemnify, and hold harmless the City and/or its agents, officers, and employees from any claim, action, or proceeding against the City and/or its agents, officers, or employees to attack, set aside, void, or annul the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully cooperate in the defense against an Indemnified Claim. Upon motion of ______________________, seconded by ________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this _______ day of ________________, 2019. ______________________________ Mayor Heidi Harmon ATTEST: _____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this _________ day of _____________________, ____________. ____________________________________ Teresa Purrington, City Clerk Packet Page 309 Item 11 Page intentionally left blank. Item 11