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HomeMy WebLinkAbout3.0 - Sancho's Tacos Minor Use Permit - PA2014-058 (Additional Materials)' ' 0 1 e~ J_. ,\ i .' I i :r::.v(,; 1 ·-i My name is Howard Minnick and I own the property immediately adjacent to the restaurant in question. The residents who reside there are those most adversely affected by any unwanted activity caused by the operators of that business. That is why I appear before you today, to again voice my objection to the granting of the ABC license and to again address unresolved issues regarding the business. You already know that I harbor no malice towards the owner and you have my prior letters of objection attached to the file before you so I would like to add the following: The zoning administrator has stated in the section ''Facts in Support of Findings" V. that there is no evidence that this type of use has created objectionable conditions. For a statement such as that to be included as a statement of fact without due diligence is ludicrous, false and misleading It should be noted for the record, that at no time has The Zoning Administrator, the Planning Commission , ABC, or the Police Department contacted me for any input whatsoever on this issue. Contrary to the statement of the Zoning Administrator that the operational conditions of approval relative to this pennit "wi11 ensure compatability with the surrounding uses and minimize alcohol related impacts". Please explain how that statement is justified when there currently exists numerous violations of these -'-'conditions:-,. If these are truly conditions of approval, then it is incumbent on the Zoning Administration to VERIFY THAT ALL CONDITIONS ARB MET prior to the issuance of any permit This has obviously NOT been done. For example: #4 states in part that " this permit may be modified or revoked if it is determined that the operation constitutes a public nuisance." Smoking is not only a health hazard but a well known public nuisance. NO Smoking in and around the restaurant must be added to the restrictions. In addition, un-policed discarded litter and trash remain unresolved issues. The failure of the operator to eliminate odors and flies from the trash enclosure area further contributes to a health hazard. I will refrain from reading the text of the numbered conditions due to time constraints but I urge the members to please confinn for yourself #9 The parking spaces including the handicapped space are always occupied by the employees (without handicapped plates or placard) and thereby exacerbate the parking issue. The spaces are rendered then NOT clear of obstrnctions at all times due to the constant occupation by employees. # 11 The music from 2 separate radio sources is sufficiently disturbing to the extent that I have had to ask the counterperson on several occasions as recently as Sat. 8-9-2014 to turn down the radio~ which is in the rear window of the kitchen~ so that my wife and I could conduct a conversation on our rear patio. I demand decibel testing be performed at peak business hours and appropriate actions be taken to mitigate the impact. Note: Ginas Pizza had to construct a glass sound wall and they are farther away from us than Sancho's front deck # 12 requires a self closing and latching gate on the trash enclosure which is NOT the case. The employees also prop up the lids to the dumpster which contribute to the flies and objectionable odors. The lids MUST remain closed as well as the doors to the enclosure. #13 No trash receptacles are located anywhere at the outside of the building. Litter is prevalent Correspondence Item No. 3 Sancho's Tacos Minor Use Permit Appeal PA2014-058 # 14 owner shall provide for daily removal of litter on all abutting areas and sidewalks within 20 feet of the premises. # 15 violation of dumpster area maintenance ( steam cleaning) if necessary to control odors. # 16 Early deliveries have occurred prior to 8AM. The loud trucks disturb the residents next door. # 17 Material is stored at the rear of the property. See Photograph. # 18 Maximum noise levels of 5 5 db continue to be exceeded. I call on the planning commission and the Zoning Administrator to conduct actual measurements during peak business hours and provide a public report for public review and action. This should inciude sound mitigation measures as required for compliance with maximum db levels. As with Gina's pizza directly behind Sancho., s, I submit a fuU height glass sound , attenuating partition be installed on the east end of Sancho's front deck This would cut down the noise level to acceptable compliance levels and prevent the second hand smoke from being blown into our residence next door. As far as I know, no db testing has been performed and I have never been approached for input by anyone from Zoning or Planning. The Non-smoking issue has not been addressed or mitigated in any way and creates a health hazard to us residents who live next door. In place City ordinance prohibit smoking in these areas and I can upon the commission to make the premises NO SMOKING as an operational condition for this business. The second hand smoke is blown directly into our living room window from the east end of the front deck and the areas surrounding the entrance to the restaurant less than 16 feet away from our living room. This is unacceptable and no NO Smoking signs or other mitigation actions have been initiated by the business operator to date. The above noted failures to comply with these conditions along with the additional concerns brought up by myself and other concerned neighbors are historical evidence and a developing pattern that the business operator is not concerned with the peaceful coexistence with adjacent residents only increased profits. FinalJy, T wish to reiterate that not once has the Zoning Administrator, Planning Commission or the Police Department reached out to me as the primary affected property owner and adjacent resident to solicit my input and I believe this to be irresponsible. I reiterate my objections to the permit for the above stated reasons and until all of the above issues have been legally and satisfactorily resolved, it would be further irres onsible of the Zoning Administrator, Planning Commission and the ABC to issue any--rmit Howard Minnick 3012 West Balboa Blvd Newport Beach, CA 92663 (909) 721-7874 Correspondence Item No. 3 Sancho's Tacos Minor Use Permit Appeal PA2014-058