HomeMy WebLinkAbout04/21/1998, 4 - REQUEST TO MODIFY USE PERMIT A 6-96 TO ALLOW FOR EXPANDED HOURS OF OPERATION FOR FOOD 4 LESS AT 3985 SOUTH HIGUERA (CITY FILE NO. U 37-98) r
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j agcnba Report
CITY OF SAN LUIS OBISPO
FROM: Arnold Jonas, Community Development DirectorAT
Prepared By: Peggy Mandeville,Associate Planner
SUBJECT: REQUEST TO MODIFY USE PERMIT A 6-96 TO ALLOW FOR
EXPANDF,D HOURS OF OPERATION FOR FOOD 4 LESS AT 3985
SOUTH HIGUERA(City File No. U 37-98)
CAO RECOMMENDATION
Adopt a resolution, denying the request for expanded hours of operation for Food 4 Less, based
on findings.
DISCUSSION
Situation
On July 2, 1996, TK Development obtained use permit approval from the City Council for the
construction of a Food 4 Less warehouse grocery store on property at the corner of South
Higuera and Suburban Road(see attached Resolution No. 8577). That use permit,which came to
the Council on appeal from an earlier denial by the Planning Commission, contained several
conditions of approval that ensured compliance with City standards and provided mitigation to
lessen potential neighborhood impacts. One concern expressed by neighbors was the operation
of a 24-hour grocery store at this location,because of the potential for late night noise and traffic.
They requested that the hours of operation be limited to 6:00 am. and 10:00 p.m. In response to
this concern the City Council limited the hours of operation(per condition no. 3)as follows:
Hours of operation shall be limited to between 6:00 a.m. and 10.00 p.m.
Foods for Less opened for business in January of this year. The applicant is now requesting
approval of a modification to Use Permit A 6-96 to allow Food 4 Less to operate 24 hours a day.
No modifications to the hours of deliveries, site lighting or sign illumination is requested.
Data Summary
Address: 3985 South Higuera
Applicant: Milt Souza
Property owner: Timm Development
Zoning: Service Commercial (C-S)
General Plan: Services and Manufacturing
Environmental status: Potential environmental impacts of developing a commercial center with
a 50,000 s.f grocery store were addressed as part of environmental
Council Agenda Report—Food 4 Less(U 37-98)
Page 2
review for both the annexation and the proposed subdivision of the
annexed area.
Evaluation
With the exception of Foods for the Family and Frontier Foods, six grocery stores operate within
the City limits. A comparison of the hours of operation for the major grocery stores in town is as
follows:
Name of Store Hours of Operation Project Driveways abut this Zoning
Lucky(Foothill Blvd.) 6:00 am. to midnight C-N,R-4,R-1
Lucky(Madonna Rd.) 6:00 am. to midnight C-R, C-T
Albertson's(LOUR) 7:00 a.m. to 11:00 pm. O,PF,R-1
Scolari's(Johnson Ave.) 6:00 a.m. to midnight O
Von's (Broad St.) 24 hours C-S, County C-S
Foods 4 Less(S.Higuera) 6:00 am. to 10:00 p.m. R-1,County M
As can be seen, several stores have hours of operation beyond the 10:00 p.m. closing time that
was applied to the Food 4 Less project; but only one with a 24 hour schedule. It is important
however, to look at the neighborhoods that these other grocery stores are located in and compare
how the main "activity areas" (i.e. front door, driveways, parking lots, etc.) relate to the
neighborhood.
The current hours of operation were limited based on input from residents in the Meadows and
Los Verdes Park I neighborhoods. The parking lot and main building entrance for Food 4 Less
are directly across South Higuera from these established neighborhoods. The concern is
therefore whether late night traffic,noise, and light/glare would negatively impact these residents.
Since the business has only been open for three months, it is difficult for staff to adequately
identify all project impacts or comment on the potential impacts that extended hours would have
on the neighborhood. Much of the landscaping that was provided in order to screen parking lot
activity, has not had an opportunity to mature. Staff therefore feels uncomfortable extending the
hours so soon after the store has opened its doors in this neighborhood. Planning staff would
prefer that the business operate for a minimum of one year before the City Council considers any
modifications to the approved use permit. During this one year period, Food 4 Less can better
establish itself as a neighbor and demonstrate that their business will not have a detrimental
impact on the neighborhood.
ALTERNATIVES
1. Adopt a resolution modifying the condition language to allow unlimited hours of operation.
This approval would not affect existing limits on hours of deliveries, site lighting or sign
illumination.
2. Adopt a resolution approving expanded hours of operation to 11:00 p.m. or midnight.
61--71
Council Agenda Report—Food 4 Less(U 37-98)
Page 3
3. Continue the matter with specific direction to staff and/or the applicant for additional
information.
Attached:
Resolution denying the modification to the use permit
Resolution approving the modification to the use permit expanding the hours of operation
Resolution approving the modification to the use permit allowing unlimited hours of operation
Vicinity map
Applicant's letter requesting modification to hours of operation
Resolution approving Food 4 Less use permit
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING A REQUEST TO MODIFY CONDITION NO.3 OF
USE PERMIT A 6-96 TO ALLOW 24 HOUR OPERATION OF THE FOOD 4
LESS STORE AT 3985 SOUTH HIGUERA(U 37-98)
WHEREAS, the City Council conducted a public hearing on April 21, 1998 to
consider the requested modification, testimony of interested parties, and the evaluation
and recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as
follows:
SECTION 1. Findings. That this Council, after consideration of applicant's
request to expand the hours of operation for Food 4 Less to 24 hours, public testimony,
staff recommendation and reports thereof,makes the following findings:
1. On July 2, 1996, the City Council approved Use Permit A 6-96 with the
condition that the hours of operation be limited to 6:00 a.m. to 10:00 p.m.
in response to neighborhood concern regarding the potential for late night
noise and traffic.
2. The Food 4 Less business has been in operation since January of this year
which is not long enough for City staff to adequately identify any
unforeseen project impacts associated with the use or analyze the potential
impact of extended hours of operation.
3. After the business has been in operation one full year, City staff can better
analyze and evaluate the potential impact of extended hours of operation.
SECTION 2. Denial. The request for deletion of condition no. 3 of Use Permit
A 6-96 is hereby denied.
y- �
Resolution No. (1998 Series)
Page 2
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this_day of . 1998.
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO FORM:
Ci*40
nsen
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REQUEST TO MODIFY CONDITION NO.3 OF
USE PERMIT A 6-96 EXTENDING THE HOURS OF OPERATION TO 11:00
P.M.FOR THE FOOD 4 LESS STORE AT 3985 SOUTH HIGUERA(U 37-98)
WHEREAS, the City Council conducted a public hearing on April 21, 1998 to
consider the requested modification, testimony of interested parties, and the evaluation
and recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as
follows:
SECTION 1. Findings. That this Council, after consideration of applicant's
request to expand the hours of operation for Food 4 Less to 24 hours, public testimony,
staff recommendation and reports thereof,makes the following findings:
1. On July 2, 1996, the City Council approved Use Permit A 6-96 with the
condition that the hours of operation be limited to 6:00 am. to 10:00 p.m.
in response to neighborhood concern regarding the potential for late night
noise and traffic; and
2. The Food 4 Less business has been in operation since January of this year
from 6:00 a.m. to 10:00 p.m. and during this time has not created late
night noise or traffic which were of concern to the neighborhood;and
3. Extending the hours of operation to 11:00 p.m. will not create late night
noise or traffic.
SECTION 2. Approval. The request for modification of condition no. 3 of Use
Permit A 6-96 is hereby approved.
Resolution No. (1998 Series)
Page 2
On.motion of _ _ __ seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT.
the.foregoing resolution was`passed and-adopted this_day of_ _ 1998.
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO.FORM:
Ci Att_ : y e orgensen
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REQUEST TO MODIFY CONDITION NO.3 OF
USE PERMIT A 6-96 TO ALLOW 24 HOUR OPERATION OF THE FOOD 4
LESS STORE AT 3985 SOUTH HIGUERA(U 37-98)
WHEREAS, the City Council conducted a public hearing on April 21, 1998 to
consider the requested modification, testimony of interested parties, and the evaluation
and recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as
follows:
SECTION 1. Findings. That this Council, after consideration of applicant's
request to expand the hours of operation for Food 4 Less to 24 hours, public testimony,
staff recommendation and reports thereof,makes the following findings:
1. On July 2, 1996, the City Council approved Use Permit A 6-96 with the
condition that the hours of operation be limited to 6:00 am. to 10:00 p.m.
in response to neighborhood concern regarding the potential for late night
noise and traffic; and
2. The Food 4 Less business has been in operation since January of this year
from 6:00 am. to 10:00 pm. and during this time has not created late
night noise or traffic which were of concern to the neighborhood;and
3. Extending the hours of operation to 24 hours will not create late night
noise or traffic.
SECTION 2. Approval. The request for deletion of condition no. 3 of Use
Permit A 6-96 is hereby approved.
Resolution.No... (1998 Series) -
Page 2
On motion of _ _ , seconded by
and on the following;roll call vote:
AYES: .
NOES:
ABSENT:
the foregoing resolution was passed and adopted this_day of—-__ _ 1998..
Mayor Allen.Settl'e-- -—
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO FORM'
City Attorney Jeff Jorgensen
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Architecture.Plaruting•En,,:h:irrin�-?urpdpir:S.I,ttrriors•Land;:apr.4 rrh itictui
March 3, 1998
RECEIVED
Mr. Ron Whisenand
Planning Department MAR 04 1998
City of San Luis Obispo 'ITY OF SAN LUIS OBISPO
990 Palm Street ;()MMurnTY DEVELOPMENT
San Luis Obispo,CA 93401
Re: Request to modify the hours of operation for Food 4 Less
Dear Ron:
I have enclosed a completed City Planning Application form and check for fees in the amount of
$424.00, and a site plan in 8-1/2"x 11"format.
The objective of this request is to obtain City authorization to allow this store to be open for
customers 24 hours a day. This request is supported by the following facts:
1. Even though Food 4 Less has only been open a short time, there have already been many,many
requests from customers to extend operating hours. They view both normal Food 4 Less hours
of operation (24 hours per day) and prices to be attractive. San Luis Obispo customers have
been very disappointed to be turned away when they arrive after 10:00 p.m.
2. The store has employees working within it 24 hours per day even if it is not open for
customers. During the period from 10:00 p.m. until approximately 9:00 a.m., employees are
breaking down, stocking deliveries,cleaning, and getting set up for the next day.
3. Accommodating customers 24 hours per day requires additional staffing hours and thereby
provides additional income for employees.
4. There are (and there have been in the past) other competing food stores open 24 hours per day
in the City of San Luis Obispo.
5. Having the store open 24 hours per day will provide additional security for the project site
because Food 4 Less employees are on site, customers will be on site, and Food 4 Less security
is on site to identify and respond to any problems.
6. We have checked with the San Luis Obispo Police Department and they do not object to a 24-
hour per day Food 4 Less operation.
7. No change in the hours for deliveries is requested.
8. We anticipate no modification of Food 4 Less site lighting, exterior store lighting, or signage if
a 24 hours per day operation is permitted.
Food 4 Less recognizes the long construction period for the public improvements surrounding the
site was difficult and at times irritating, but clearly the streets work much better now and we have
observed no traffic congestion problems impacting the vicinity. The extension of Food 4 Less hours
of operation affects the period when traffic volumes are the lowest. While the volume of Food 4
Less customers during the extended hours will not be enough to significantly affect traffic, they are
important to us and to the success of our business.
,;,;it Luii Obiipo•Oak:ialr
;-,n 7111101 IUer.i Srrcrr-Sen LOU Ohi�po.Calihirnia y.y'+t Thune:8-wz ;{;.i-. Fac:5•c.:y
.. ....:i...r, . .,. r;..:.._.. .. .u. .. .. .. �i /
Mr.Ron VdtiAmand
Pagel
March 3; 1998
Milt.Souza and I am available to respdhd.to questions if you have any regarding this request by Food
4 Less. Thank.you for your attention to this-matter.
Sincerely;
RRMDFSIGN GROUP
Victor ,
xe ve er
kilos res
cc _ uza.Food_4 Less
v/08003Wm-24hrRequ_est
RESOLUTION NO. 8557 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S
DENIAL OF A USE PERMIT FOR A WAREHOUSE GROCERY STORE
AT 154 SUBURBAN ROAD (A 6-96)
WHEREAS, the Planning Commission conducted a public hearing on May 8, 1996 and
denied a use permit for application A 6-96; and
WHEREAS, the City Council conducted a public hearing on July 2, 1996 and has
considered testimony of other interested parties,the records of the Planning Commission hearing
and action, and the evaluation and recommendation of staff;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby upholds the appeal of the Planning Commission's action to deny a use permit for
a grocery store at 154 Suburban Road (A 6-96), and approves the use permit based on the
following finding(s):
SECTION 1. Finding(s).
1. Food 4 Less is more of a warehouse store in character than a neighborhood-
commercial center and is therefore consistent with General Plan Land Use Element
Policy 3.5.2(Cj.
2. Warehouse stores are an allowable use in the C-S zone.
3. Food 4 Less has more of a regional serving character than a neighborhood-
commercial center and is consistent with General Plan Land Uses Element Policy
3.5.1.
SECTION 2. Environmental Determination. fY-j3
1. Mitigation measures established for the Annexation and Prezoning(ER�) and
Tract 2202 (ER 74-95) and the Circulation Element EIR .adequately address
potential environmental impacts resulting from construction and operation of a
grocery store as part of a neighborhood commercial center at this location.
Resolution No. 8557
Appeal A 6-96
Page 2
SECTION 3. Conditions.
1. Provide a greater setback along the Suburban Road and Higuera Street frontages
with berms and landscaping for the purpose of screening views into the parking lof;
shielding pedestrians, nearby residents, and vehicles,on surrounding roads from
headlights of cars in the parking lot; enlarging the buffer between pedestrians and
vehicles using the parking lot; and providing continuity in the pattern of frontage
landscaping along this portion of South Higuera established by other large
developments such as Granada, Hind, and the Telegrain-Tribune building (similar
to what was submitted at the April 10 Planning Commission meeting).
2. Provide additional information / plans to show how the project's buildings and
lighting will comply with tentative map conditions of approval related to energy
conservation in conjunction with architectural review of the neighborhood shopping .
center (ARC 6-96).
3. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m.
4. The project shall post signs limiting delivery hours to between 7:00 a.m. and 9:00
p.m. and notifying drivers that truck engines must be turned off when parked to the
satisfaction of the Director.
5. The project shall include construction of a wall along the eastern property line of
the Los Verdes residential area to shield the neighborhood from traffic noise and
pollution and for safety reasons to the approval of the ARC in conjunction with
architectural review of the neighborhood commercial center ARC 6-96.
6. Parking lot maintenance and sweeping shall be limited to between the hours of 7:00
a.m. and 9:00 p.m.
7. To minimize impacts on nearby residents and night time drivers along South
Higuera and to conserve energy, exterior lighting should be directed downward
only and average maintained footcandle levels should not exceed 1/2 footcandle
(Illuminating Engineering Society standard).
8. The South Higuera Street driveway shall be limited to right in, left in, right out
turning movements. The use permit shall be reviewed one year after the grocery
store opens to consider how well traffic is moving in this vicinity and whether any
further limiting'of turning movements at the South Higuera Street entrance is
necessary.
Resolution No. 8557
Appeal A 6-96
Page 3
Public Works Conditions:
1. All conditions for tract 2202 shall be strictly adhered to.
2. Driveway ramps on Jenny Way shall conform to the City'.s Engineering Standard
Detail No. 2111 (ADA compliance).
3. Street type driveway entrances shall be designed with appropriate handicap access
ramps in accordance with the most current City of San Luis Obispo Engineering
Standard Details and Standard Specifications.
4. Any building located within flood zone "A" shall have a finished-pad elevation at
least one foot above the 100-yr storm water surface elevation.
Transportation, Circulation & Bicycles
5. Sidewalk Alignment: the sidewalk alignment should be meandered similar to the
detached sidewalks north of the project site.
6. Limit Lines: Limit lines or "stop bars" should be painted on the main entrance
driveway, set back a minimum of 2 feet from the proposed textured crosswalk.
7. Bicycle Rack Location: The bicycle racks should be relocated to meet the
standards set forth by the Bicycle Transportation Plan (October 1993):
Be located as close to the main entrance of the destination as possible and be
located at least as conveniently as the most convenient automobile parking.
Be visible from the interior of the destination.
The proposed locations along the sides of Buildings A and B do not meet these
criteria.
8. Number of Bicycle Parking Spaces: Bicycle parking shall be provided to meet the
standards set forth by the Bicycle Transportation Plan (October, 1993).
Specifically,the plan stipulates that bicycle parking spaces shall be provided at the
rate of 15% of the required parking spaces; a minimum of 50% of these spaces
should be for short-term parking (bike racks)while a minimum of 40% should be
for long-term parking (bicycle lockers).
Resolution No. 8557
Appeal A 6-96
Page 4
9. Design of Bicycle Racks: The developer shall review and receive approval of the
design of bicycle racks with the public works staff prior to their installation. The
staff has information-available for review at the Public Works Department that can
assist in rack design selection.
10. Transit Stop Design: Signage at the proposed transit stop and the design selected
for the transit shelter shall be to the approval of the City Transit Manager.
11. The plans must reflect the interim street and utilities phasing (e.g. - turn around,
fire flow/water-main sizing, etc...).
Upon motion of Council Member Romero, seconded by Council Member Smith, and on
the following roll call vote:
AYES: Council Members Romero, Smith and Williams
NOES: Council Member Roalman and Mayor Settle
ABSENT: None
the foregoing resolution was adopted this 2nd day of July, 1996.
ATTEST: _
A g lerk Kim Condon Mayor Allen Settle
By: Dodie Williams, 'vice :Iayor
APPROVED AS TO FORM:
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