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HomeMy WebLinkAbout10/20/1998, 3 - 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) council M=°�°'a la. Zo,yg OA acEnba REpont CITY OF SAN LUIS OBISPO FROM: Arnold Jonas, Community Development Ite Prepared By: Peggy Mandeville,Associate Planner SUBJECT: 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) CAO RECOMMENDATION Adopt a resolution, approving the request for expanded hours of operation for Food 4 Less to 12:00 midnight from October 21, 1998 until April 21, 1999. If at the end of the six month trial period no formal written complaints have been filed with the City of San Luis Obispo Community Development Department, Food 4 Less shall be allowed to operate 24-hours a day for an additional six month trial period. Prior to the end of the second six month trial period, the City Council shall hold a public hearing on the one year review of the expanded hours to determine whether the expanded hours shall continue or be reduced,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 comer 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, traffic, and light/glare. They requested that the hours of operation be limited to 6:00 a.m. 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 4 Less opened for business in January of this year. In March, Food 4 Less submitted a request for 24 hours of operation. Since the business had only been open for three months, it was 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, had not had an opportunity to mature. Staff therefore felt uncomfortable extending the hours so soon after the store had opened its doors in this neighborhood. Planning staff recommended denial of the request and suggested that the 3 -/ Council Agenda Report—Food 4 Less (U 37-98) Page 2 business operate for a minimum of one year before the City Council consider any modifications to the approved use permit. During this one year period, Food 4 Less could better establish itself as a neighbor and demonstrate that their business would not have a detrimental impact on the neighborhood. The request for 24 hours of operation was withdrawn by the applicant before the City Council hearing. The applicant has now submitted a new request for approval of a modification to Use Permit A 6-96 to allow Food 4 Less to operate till midnight for a six-month trial period. If at the end of the six-month period no formal complaints have been filed, the business would be allowed to extend its hours to 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 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 Proiect Driveways abut this Zoning Lucky (Foothill Blvd.) 6:00 a.m. to midnight C-N, R-4, R-1 Lucky (Madonna Rd.) 6:00 a.m. to midnight C-R, C-T Albertson's (LOVR) 7:00 a.m. to 11:00 p.m. 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 a.m. 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. 3 -� Council Agenda Report—Food 4 Less (U 37-98) Page 3 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. The applicant informed City staff that they met with the surrounding neighborhood in August to discuss neighborhood issues and the request for expanded hours of operation. Attached to this report is a summary of the meeting prepared by one of the neighbors. City staff has spoken with several persons who attended the meetings and pass on the following generalized neighborhood sentiments: 1. The Food 4 Less project has not negatively impacted the neighborhood as much as they thought it would. 2. Not everyone is in agreement with the hours of operation. Some feel Food 4 Less should be required to comply with the Use Permit conditions which require the store to close at 10:00 p.m. Some feel that allowing 24 hours of operation is acceptable and some feel allowing a six-month trial period with extended hours to 11:00 p.m. or midnight would be a good way to test the impacts to the neighborhood. 3. Everyone is concerned about transients currently using the neighborhood (the Meadows, Creekside Mobile Home Park and Silver City Mobile Home Park) as a shortcut to Food 4 Less and are worried that the expanded hours of operation for Food 4 Less will attract them to the site in the middle of the night. Staff recommends that City Council expand the hours of operation to midnight for a six-month trial period to allow Food 4 Less to demonstrate that the expanded hours will not negatively affect the neighborhood. If during this six-month trial period no written complaints are received by the City of San Luis Obispo Community Development Department, Food 4 Less should be allowed to expand their hours of operation to 24 hours for an additional six-month trial period. Prior to the end of the second six month trial period, staff recommends that the City Council hold a public hearing on the one year review of the expanded hours of operation to determine whether the expanded hours should continue or be reduced. Additionally, staff recommends that the expanded hours of operation for any tenant in the shopping center be reviewed by the City on a "per tenant" basis and that this approval pertain to Food 4 Less only and all other tenants shall continue to comply with the originally established 6:00 a.m. to 10:00 p.m. hours of operation unless the City Council approves a specific tenant modification for different hours. 3 -3 Council Agenda Report—Food 4 Less (U 37-98) Page 4 ALTERNATIVES L. 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. 3. Adopt a resolution denying the request for expanded hours of operation thus retaining the existing hours of 6:00 am. to 10:00 p.m. 4. Continue the matter with specific direction to staff and/or the applicant for additional information. Attached: Resolution approving the modification to the use permit as requested by the applicant Resolution denying the modification to the use permit expanding the hours of operation Vicinity map Applicant's letter requesting modification to hours of operation Invitation to the neighborhood meeting Summary of neighborhood meeting Resolution which approved the Food 4 Less use permit 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 EXTEND THE HOURS OF OPERATION OF THE FOOD 4 LESS STORE AT 3985 SOUTH HIGUERA(U 37-98) WHEREAS,the City Council conducted a public hearing on October 20, 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. Fes. That this Council, after consideration of applicant's request to expand the hours of operation for Food 4 Less to midnight for six months and to 24 hours after that if no complaints have been received regarding impacts from the expanded 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 adverse impacts from late night noise,glare from lighting and traffic; and 2. The Food 4 Less business has been in operation since January 1998, from 6:00 am. to 10:00 p.m., and during this time has not created late night noise, lighting or traffic impacts which were of concern to the neighborhood; and 3. Extending the hours of operation to midnight for a six-month trial period and to 24-hours for a second six-month trial _period if no written complaints have been received by the City regarding impacts from the expanded hours, followed by a one-year review of the expanded hours of operation by the City Council, will not create significant late night noise, lighting or traffic impacts on adjoining residential neighborhoods. SECTION 2. Approval. The request for the modification of condition no. 3 of Use Permit A 6-96 is hereby approved. The revised condition shall read as follows: Food 4 Less hours of operation shall be limited to between 6:00 a.m. to 12:00 midnight from October 21, 1998 until April 21, 1999; a six month trial period. If at the end of the six month period no formal written complaints regarding impacts from the expanded hours have been filed with the City of San Luis Obispo Community Development Department, the Food 4 Less business shall be allowed 3 S Resolution No. (1998 Series) Page 2 to extend its hours of operation to 24-hours a day for an additional six month trial period Prior to the end of the second six month trial period, the City Council shall hold a public hearing on the one year review of the expanded hours of operation to determine whether the expanded hours should continue or be reduced. All other.tenant hours of operation shall be limited to 6.00 a.m. to 10:00 p.m. 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 Lee Price APPROVED AS TO FORM: Cit*ttom e rgensen 3 -� 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 October 20, 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. Findines. 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 adverse impacts from late night noise, glare from lighting and traffic. 2. The Food 4 Less business has been in operation since January 1998,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. 3 - 7 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 Lee Price APPROVED AS TO FORM: City Attorney Jeff Jorgensen 3 - S Rr°.M Wn NORTH 9 oc In P S D !ljco -� bite yy a z i z 0I �Q R b� r- D !t $ a� r9e�aen �� Cn y v r::.<:: : ::.it:ti! c41, s I . ISO co { : /� / m �- s CA E l e _ F eAN I e q5C o < 33 a �•r C !' " r `fa r o2 a1g.iititittiii MR.-, ii 4 6's T1s piq %s �.. z e ! �r6 :i2 i. '. mp 6 4 arer. g it �} ti.:;'e. tf} �i A fl :•S. <:2 i }Y 6I C - P it f v K.� EY. } Ai 3 it cn yl � m n r 2 3 m (/J a .. m I — iF n ww..r N m J•\ v 0 6 cn _ ...L JENNY WAY n B" o Or0 r0 n 3 p p j m 1 y CD 1 01 � caA a ,3 - 7 f/ R R IM D E S I G N G R O U P :1r,ertri'lari .Pi.:miint•ii .cn:ir.;.::n;'vni•;• -..,.,,u • L,,. i . . i... , .. September 9, 1998 Mr. Ron Whisenand Planning Department City of San Luis Obispo 990 Palm Street 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. Mr. Ron Whisenand Page 2 September 9, 1998 Although this request is for 24-hour operation, we propose that it be implemented in two stages. Stage 1 will be a test period of six (6) months during which store hours will be extended to 12 midnight. At the end of the six-month period, we would meet with our neighbors to review hours of operation again. Assuming the City has not received complaints identifying impacts from the 6:00 am.—midnight hours, we would be permitted to extend our hours to be operational 24 hours a day. We believe this staged implementation is a good neighbor approach, in fact it was discussed at a recent neighborhood meeting we conducted(copy of invitation attached). Milt Souza and I am available to respond to questions if you have any regarding this request by Food 4 Less. Thank you for your attention to this matter. Sincerely, RRM DESIGN GROUP Victor go IA Ch' xec Officer nc sur s ilt Souza, Food 4 Less v/08003Wm-W hisenand-Sep'98 3 -11 INVITATION TO A NEIGHBORHOOD MEETING When: August 31, 1998 at 7:00 p.m. Where: Silver City Mobile Home Park— Meeting Room Subject: FOOD 4 LESS Note:Due to mail delivery later than we anticipated, many folks apparently got our last invitation the day atter the meeting—so we've scheduled another meeting. It's been about eight months since FOOD 4 LESS opened their doors for business and we thought we should meet with our neighbors and ask how we're doing. The first couple of months were very hectic for us with Grand Opening activities, promotions, etc. The EI Nino rains didn't help our opening and kept the developer from finishing up the fine grading and completing the landscaping, so the Higuera Street frontage landscaping looked pretty sad and incomplete for several months — our apologies on their behalf. But now the frontage landscaping is complete and the Higuera Street construction is finished. The traffic signals are operational. Our parking area, building, lighting, and parking area landscaping are complete. The landscaping is growing. Our store operations have settled into a regular pattern and we can finally take a breath, look around, and focus on the future. We thought the idea of a meeting would be good so that we could get feedback from you firsthand. We take pride in trying to be the best neighbor we can — community wide and close to home near our store. We know you may have some questions we can discuss such as: Why is the new section of Tank Fann Road being tom up already? We'd also like to talk with you about the future of our center. We want to talk with you about: 1. Who do you think would be good co-tenants with FOOD 4 LESS? 2. How our business operates, the existing conditions affecting our hours of operation, how they came about, and how they effect our business. We hope that youll take the time to stop by the meeting. We don't want to take up your entire evening so we've scheduled it for 45 minutes. If there is a really crucial matter you want to talk about and we run out of time that night — just stop into the store or call Milt at 782-8989. Thanks for your attention. Your Neighbors at FOOD 4 LESS 3 /� Dear Neighbors, On August 31 residents from our five adjacent living areas — Los Verdes Parks 1 and 2, The Meadows, Creekside and Silver City — attended a meeting at Silver City, led by Milton Souza, Food 4 Less Franchisee and Victor Montgomery, consultant to the development. Gary Hinot, local store Director, was also present From comments made by those attending I believe that most, or all, of the living areas were represented by at least several different homeowners. All comments made about the presence of Food 4 Less in the neighborhood were positive. They referred to convenience, low prices, quality of produce and meats, variety, and friendliness of clerks. Neighbors also commented on how much traffic had improved since So. Higuera was widened, turn pockets added for Tank Farm Road and Las Praderas, and a light installed at Suburban Road. Regarding what stores we would like to see added, individuals suggested a "mid-scale" restaurant (Red Lobster was suggested by several), a nursery, hardware store, or combination nursery- hardware such as Home Base, a barber, and a beauty shop. Several suggested a drug store, but Mr. Montgomery said that the zoning prohibited drug stores. I asked what study had been made of neighborhood demographics, recalling that a shopping center here was originally promoted to neighbors and Council as a "neighborhood" shopping center. Mr. Montgomery responded that he was not aware of any demographic study that defined just this neighborhood of 5 living areas; also, the neighborhood is not big enough to support a shopping center. Those in attendance voiced opinions regarding what they would NOT like to see in the area. These included a discount/close-outs store such as MacFrugal's (but one attendee wanted it), a fast food place (the proposed building along So. Higuera, opposite Las Praderas, is the size of a fast food restaurant; we were concerned about odor and pollution from extra traffic, among other things) and a service station (lights, pollution from vehicles, possible 24 hour operations). Mr. Montgomery stated that MacFrugal's is still interested in the location. He also mentioned businesses already approved, such as Spice Hunter and a Strasbaugh development on the north side of Tank Farm near So. Higuera, and Idlers, a veterinarian clinic, and Maddalena Realty, among others, on the south side of Tank Farm. Regarding Food 4 Less hours of operation, Milton Souza stated that when the Council approved Food 4 Less he was unaware that there was a 6 am - 10 pm limit on the hours. Food 4 Less is generally a 24 hour store. He would like to see this one accepted for 24 hours, not because of expectation of a big increase in business during the "small hours" of the night, but because of the psychology involved. He suggested that as long as potential customers know the store is open 24 hours they will come to shop at 10 or 10:30 pm, but if they know the store closes early, they probably won't recall the exact hour and, therefore, will go elsewhere between 9 pm and midnight. Most of the persons present voiced no concern regarding a 24 hour store. Beth Mott and Bob Mott stated their concerns, especially in regards to neighborhood security. They mentioned that a number of transients move up and down Highway 101, some camp near the creek, and a 24 hour store might draw them through our neighborhoods from creek to store during the late hours, especially during cold, wet fall and winter months. Those hours are when our neighborhoods are most vulnerable because virtually all of us are sleeping. The proximity of Hwy. 101 and the creek make our situation very different from the 24 hour Von's operation at Marigold Center. I suggested a compromise to allow us to see what happens this fall and winter: Ask the City Council to approve extension of hours so that the store is open from 6 am to midnight. I made it clear that I was speaking for myself, alone. Soon after the meeting, Milton Souza advised me that he planned to follow up on that suggestion. Let's keep in touch when we hear of Council agendas or activities relating to the Higuera Plaza. Thanks, Bob Mott 543-7072 Z°� 3 -12 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(C). 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. SY•S3 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. 3 �y 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 Telegram-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. 3 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 leastas 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). 3/6 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 informationavailable 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. - tum 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: 'AAing Q4tZlerk Kim Condon Mayor Allen Settle By: Dodie Williams, Vice :Iayor APPROVED AS TO FORM: *i1tato jeyf7Jenseln 3 -17 ME rTJJVr.1AGENDA DATE_ `rV 8 ITEM # -3 Patricia L. Gordon 52 Del Sol Court San Luis Obispo, CA 93401 October 19, 1998 Mayor Allen Settle Council Member Dodie Williams 990 Palm Street 990 Palm Street San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 Council Member Dave Romero Council Member Bill Roalman 990 Palm Street 990 Palm Street San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 Council Member Ken Schwartz 990 Palm Street San Luis Obispo, CA 93401 Ladies and Gentlemen: My husband and I are residents of Los Verdes Park I. The purpose of this letter is to ask you to uphold the condition requiring Food 4 Less to operate between the hours of 6:00 a.m. and 10:00 p.m. Since the store has opened, we have been subjected to increased noise, dirt, traffic and security concerns. Of course, we are still struggling with the issue of how we can afford to construct a sound wall. There is no reason why we need or want a 24-hour grocery operating in our neighborhood. A 24-hour grocery is a far cry from the "neighborhood grocery" concept which was described by the developers. The 6:00 a.m. to 10:00 p.m. operating hours at least leaves us with our peaceful nights. Please uphold the original permit condition. Thank you for your attention. Sincerely, 7 �� Patricia L. Gordon OUNCIL DD DIR AO ❑FIN D"I o� ❑FIR=c:::. RECEIVED �RNEY ❑PWG: ❑8CERRIORIG ❑POLICE CXF p�T ❑REC DIR 0 C T x 0 1998 ❑UTIL DIR ❑ ❑PERS DIR SLO Ca7`1 CLERK October 19, 1998 MErT'NG AGENDA DATE ITEM # 3__ Dear City Council Members, I am writing to express my opposition to the proposed modification to the existing use permit which would allow Food For Less to operate 24 hours a day. I am a home owner at 56 Chuparrosa in the track of homes that are directly across from the Food For Less. This whole area has many residences nearby which would be adversely affected by the noise and increased traffic in the middle of the night. The area is not as well-lighted as the Marigold Center where Von's is open 24 hours and might cause security problems in our area. We have bought homes in San Luis Obispo to avoid the very problems mentioned above. Food For Less was originally granted a use permit with certain limits which made it suitable for where it was located in a town with our characteristics. This permit should not be changed unless there has been significant change in our community (which there has not been) or it is beneficial to our community without being detrimental to the neighborhoods in that area(which it will not be). Thank you for your consideration. Sincerely, Ronald S. Jones Homeowner, 56 Chuparrosa Drive 09ITT07tN=( 0 PV; OtLERKIORIG ❑POL1Gc(:.; 0 RTC DDR ❑UTIL DIR E3 0 PERS DIR MEETING AGENDA DATE -ITEM # .. From: <corton@calpoly.edu> To: CITYSLO.SMTP("kswartz", "dromero@ci.san-luis-obispo. . . Date: 10/15/98 9:29am Subject: Food 4 Less-24 Hour Operation Dear Council Members, We are writing to oppose the Food 4 Less request to operate on a 24-hour basis. We appeared before the City Council countless times during the development of this center. After being told we would receive a "neighborhood" grocery store, and having Food 4 Less approved on the basis that it is more of a warehouse than a retail store, we were given a few concessions, one being more limited hours. We don't feel these extended hours are needed and will only impact negatively on the quality of our neighborhood. We have transients traveling up and down the creek regularly and a 24-hour operation would only encourage "hanging out in our neighborhood" throughout the night. We would like to know how often this same issue can be brought before the city council since, to the best of our recollection, we last appeared on this issue approximately 6 months ago. As others in the neighbors, we have families and careers that keep us more than busy. Having to address again and again the same issue is causing many of us to give up. We ask you to please think of the residents most impacted and preserve our neighborhood. Sincerely, Paul and Catherine Orton 33 Las Praderas San Luis Obispo, CA 94301 G"QUNCIL D DIR 0-do ❑ FIN DIR 0 ❑ FIRE CHIEF __ ORP11_i ❑ PW DIR CLERKIORIG ❑ POLICE CHF ❑ MGM61EAM ❑ REC.DIR ❑/ OrKtl _ ❑ UTIL DIR ❑ 0 PERS DIR fit" !ING AGENDA DATE200k0ZR9 ITEM October 13, 1998 To: San Luis Obispo City Council 950 Palm Street San Luis Obispo CA 93401 From: Robert C. and Elizabeth A. Mott 14 Mariposa Drive EM FIN Dag San Luis Obispo CA 93401 EWAOFIRE CHEF PW DIR Subject: Hours of Operation, Food 4 Less POLICE CHF Pe MGMREC DIR UTIL DIR Honorable Mayor and City Council Members, PERS DIR We live in The Meadows, across South Higuera Street from Food 4 Less. In 1996 some of us surveyed all residents of The Meadows regarding the proposed TK Development. Those questions and responses were reported to the City Council in March, 1996. In that survey, 86% of the respondents requested that hours of operation of any grocery store approved for the development be limited. Most agreed with a 6:00 am - 10 pm limit, but some suggested that midnight or similar closing hours to most supermarkets in the city would be acceptable. The reasons most often cited for limited hours were privacy and quiet during sleeping hours, and security of the neighborhood. At a recent meeting of residents from all fire living areas in our neighborhood — Los Verdes 2, Los Verdes 1, The Meadows, Creekside, and Silver City -- Food 4 Less Franchisee, Milton Souza, raised the issue of hours, stating that Food 4 Less franchises generally are open 24 hours and he would like this franchise to have the same hours. Most persons commented that they were no longer concerned about traffic or traffic noise. However, Beth Mott and Bob Mott addressed the issue of neighborhood security. Some of the transients and homeless persons in the area do not use overnight shelters provided by the city. They can be observed sleeping in public areas during the daytime when it is warmer and safer than night. As a result, there may be a tendency for them to roam or mhang our at night much as they appeared to do at Madonna Plaza when Lucky Store was open 24 hours. We suggested that the main reason some of them would come to Food 4 Less between midnight and 6:00 am would be to make a token purchase while "hanging out" and/or seeking shelter for as long as possible. If asked by staff or guards to move on, there is a possibility that they would intrude into the sleeping neighborhoods, either as shortcuts back to the highway or creekside camps, or for other reasons. Therefore, Bob Mott suggested that Mr. Souza approach the City Council with a two part request: First, to extend the hours to more closely match the 11:00 pm - midnight closing of most supermarkets in the city. Then, if there are no problems with intrusions into our neighborhood or with traffic noise or parking lot noise, ask to extend operations to 24 hours. Mr. Mott made it clear that he was speaking only for himself. The Meadows has no homeowners association. We have not surveyed Meadows residents to determine whether or not they have changed their position since requesting limited hours in the March, 1996 survey. We support the extension of Food 4 Less hours to 6:00 am - midnight for a six month trial period. If there are no serious problems during that period we support a six month trial period of 24 hour operation. After that, we would request.,that the Council review the results before determin' g whether to continue approval of 24 hou ration. _�•. thank you. Robert C. Mott I eth A. Mott 0 I MEETING AGENDA DATE ITEM # ... From: <corton@calpoly.edu> To: CITYSLO.SMTP("kswartz", "dromero@ci.san-luis-obispo. . . Date: 10/15/98 9:29am Subject: Food 4 Less-24 Hour Operation Dear Council Members, We are writing to oppose the Food 4 Less request to operate on a 24-hour basis. We appeared before the City Council countless times during the development of this center. After being told we would receive a "neighborhood" grocery store, and having Food 4 Less approved on the basis that it is more of a warehouse than a retail store, we were given a few concessions, one being more limited hours. We don't feel these extended hours are needed and will only impact negatively on the quality of our neighborhood. We have transients traveling up and down the creek regularly and a 24-hour operation would only encourage "hanging out in our neighborhood" throughout the night. We would like to know how often this same issue can be brought before the city council since, to the best of our recollection, we last appeared on this issue approximately 6 months ago. As others in the neighbors, we have families and careers that keep us more than busy. Having to address again and again the same issue is causing many of us to give up. We ask you to please think of the residents most impacted and preserve our neighborhood. Sincerely, Paul and Catherine Orton 33 Las Praderas San Luis Obispo, CA 94301 C-WUNCIL D DIR job ❑ FIN DIR 0 ❑ FIRE CHIEFRNF ❑ PW DIR ET-CLERKIORIG ❑ POLICE CHF ❑ EIGM EAM ❑ REC.DIR p/ ❑ UTIL DIR ❑ ❑ PERS DIR