Resolution 3890 - Laserfiche WebLink

The proposed expansion would block some of the exterior noise generated by parking lot activity on the north side of the existing building. However, there would be some additional parking in the southeast corner of the site. While some additional exterior noise would result from the parking activity, the intensity of use for Andal's Restaurant should not be any different from activity which could be anticipated from other uses permitted outright within the zone. 2 . Alleged Error of Fact #2. The Appellant maintains that the truck loading area would be adequately screened and landscaped from the residential properties to the south. Also, the Appellant indicates that there would not be additional truck activity at the loading area. This alleged error pertains to Conclusion #12 of the Hearing Examiner's decision. Finding: The Zoning Code requires that a landscape buffer be established on the south property line between the restaurant and single-family residences to the south. The applicable standard is 10 feet of Type I landscaping and a six-foot solid fence. The Type I standard requires a staggered row of evergreen trees, at least six feet in height. The Hearing Examiner implies that the Type I standard is inadequate to screen the loading and refuse disposal areas. The landscaping standards that have been applied to this proposal were adopted in 1990. They were intended to create a greater separation between uses, particularly when a commercial use in a commercial zone abuts a residential use in a residential zone. For example, the Type I standard is " . . intended to provide a very dense sight barrier to significantly separate uses and zones. " (EMC 19.35.050.A) . The landscape standards are intended to create a transition between uses, and thereby implement the policies of the General Plan. Conclusion: The Type I standard would provide adequate screening of the loading and storage areas. A minimum 10- foot wide Type I landscaped screen would provide separation between the commercial and residential zones, in compliance with Zoning Code standards. Additionally, a 6-foot solid fence would be required by current Zoning Code standards. Findings: The Hearing Examiner states that additional truck activity would be generated by the expansion, which would create additional exterior noise on the site. The Appellant has disputed this conclusion, claiming that while deliveries may be somewhat larger, there would be no additional truck trips serving the loading area. 3