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