HomeMy WebLinkAbout10/19/1999, 10 - ONE YEAR REVIEW OF FOOD 4 LESS EXPANDED HOURS OF OPERATION AT 3985 SOUTH HIGUERA STREET (U 37-98) council
acEnba Repom
C I T Y O F SAN LUI S OBI SPO
FROM: Arnold Jonas, Community Development Director
Prepared By: Peggy Mandeville,Associate Planner
SUBJECT: ONE YEAR REVIEW OF FOOD 4 LESS EXPANDED HOURS OF
OPERATION AT 3985 SOUTH HIGUERA STREET(U 37-98)
CAO RECOMMENDATION
Adopt a resolution approving the continuation of expanded business hours to 24 hours of
operation for Food 4 Less,based on findings.
DISCUSSION
On October 20, 1998 the City Council approved a request for expanded hours of operation for
Food 4 Less to 12:00 midnight from October 21, 1998 until April 21, 1999 and thereafter allow
24-hours of operation if at the end of the six month trial period no formal written complaints
have been filed with the City (see Attachment 3). A condition of approval required that the
Council hold a hearing on the one year review of the expanded hours of operation to determine
whether the expanded hours should be continued or reduced.
No complaints have been filed with the City during the last year regarding the expanded hours of
operations. Likewise, the applicant appreciates the ability to be open 24 hours and wishes to
continue with the expanded hours(see Attachment 4).
All other tenant hours of operation remain limited to 6:00 a.m. to 10:00 p.m. Conditions
regarding hours of deliveries, site lighting and sign illumination also remain as conditioned by
the Food 4 Less use permit.
ALTERNATIVES
1. Adopt a resolution reducing the hours of operation.
2. Continue the matter with specific direction to staff and/or the .applicant for additional
information.
ATTACERKEENTS
1. Resolution approving the continuation of the 24 hours of operation.
2. Resolution denying the continuation of the expanded hours of operation.
3. Resolution 8891 approving Food 4 Less expanded hours of operation.
4. Applicant's letter requesting the continuation of the expanded hours of operation.
10-1
RESOLUTION NO. (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE CONTINUATION OF EXPANDED THE HOURS OF
OPERATION FOR THE FOOD 4 LESS STORE AT 3985 SOUTH HIGUERA
(U 37-98)
WHEREAS, the City Council conducted a hearing on October 19, 1999 to
consider the one year review of the expanded hours of operation, 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 the one year
review of the expanded the hours of operation for Food 4 Less, 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;
2. On October 20, 1998 the City Council approved a request to modify Condition No. 3
of Use Permit A 6-96 to extend the hours of operation of the Food 4 Less business 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; and
3. Since October 21, 1998, the Food 4 Less business has been operating with the
expanded hours of operation and no written complaints regarding the expanded hours
have been received by the City.
SECTION 2. A�nroval. The continuation of the expanded hours of operation to
24 hours for Food 4 Less is hereby approved.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
10-2
Resolution No. (1999
Page 2
the foregoing-resolution was passed and.adopted this_day of. 1999.
Mayor Allen Settle
ATTEST:
City Clerk Lee Price
.APPROVED AS TO FORM:.
Wi- to ey J gensen
10-3 .
RESOLUTION NO. (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING THE CONTINUATION OF EXPANDED HOURS OF OPERATION
FOR THE FOOD 4 LESS STORE AT 3985 SOUTH HIGUERA(U 37-98)
WHEREAS, the City Council conducted a public hearing on October 19, 1999 to
consider the one year review of the expanded hours of operation, 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:
(Council to insert findings here)
SECTION 2. Denial. The continuation of the 24 hours of operation for Food 4
Less is hereby denied.
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 . 1999.
Mayor Allen Settle
ATTEST:
City Clerk Lee Price
10-4
Resolution No. (1999 Se,.-O)
Page 2
APPROVED AS TO FORM:
City Attorney Jeff Jorgensen
10-5
-H mai-T 3
8861
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. Findings. 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
10-6
R8861
8861
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 vice Mayor Romero , seconded by Cminr i l Mamhar Wi 1 1 i ams
and on the following roll call vote:
AYES: Council Members Romero, Williams, Mayor Settle
NOES: Council Member Schwartz
ABSENT: Council Member Roalman
the foregoing resolution was passed and adopted this today of October , 1998.
ayor Allen SettlE
ATTEST:
i ee ce
APPROVED AS TO FORM:
City e rgensen
10-7
FoonjLEss.
RECEIVED
"Our Name Says R All"
..---- ----- -- ---- SEP 2v �yyy
CI f Y OF SAN LUIS 081SP0
COMMUNITY DEVELOPMENT
September 9, 1999
Peggy Mandeville,AICP
Qty of San Luis Obispo
Community Development Department
990 Palm SL
San Luis Obispo,Ca.93401
Dear Peggy,
Thank youfor calling regarding the October meeting concerning our 24 hour status. We have been quite
successful in establishing a customer following with the extended hours,those late shoppers have commented
that they are glad we are open.
We have received no complaints from any of the neighbors. The extended hours have helped business as
we knew that it would.
Food 4 Less will continue with our good neighbor policy and support of our community.
Sincerely,
Wt Souza
Food'4 Less
8360 EL CAMINO,ATASCADERO,CA 93442 • (805)461-9699 • FAX(805)461-0677 Q
3985 S. HIGUERA,SAN LUIS OBISPO,CA 93401 • (805)782-8989 • FAX(805)782-898 0-8
MEETING AGENDA
DATE
I& , r" ITEM #..--
RECEIVED
• Peter W. Duran
52 Mariposa Dr. OCT 1 5 1999
San Luis Obispo, CA 93401
SLO CITY CL17RK
Oct. 13, 1999
Mayor Allen Settle and City Council
990 Palm St.
San Luis Obispo CA. 93401-3249
Dear Mayor Settle and Council Members,
I am in wholehearted support of the Use Permit for Food-4-Less at 3985 So. Higuera St.
Allowing 24-hour shopping is not only a convenience to the surrounding neighborhood, but
also contributes to the overall economic well-being of the city and its residents through taxes
and employment.
Food-4-less has done everything it has promised, and fears raised in the past by some, have
not materialized.
Additionally, Food-4-Less has contributed greatly to the various non-profit organizations this
city is so proud of. Rarely does a weekend go by that there is not an activity ranging from car
washes, to fund-raising barbecues taking place in the Food-4-Less parking lot. Organizations
which have benefited from the generosity of Milt Souza and his store range from Goodwill,
to Cal Poly and Woods Animal shelter, to name just a few.
Frankly, San Luis Obispo could use more grocers with the degree of social conscience
displayed by Milt.
Please take the appropriate action to renew, extend, or make permanent, the Use Permit,
allowing 24 hour operation of Food-4-Less as described.
Sincerely
MKOUG,'60 CIL DIR
(�A ❑FIN DI^
Peter W. Duman 55,ACAO ❑FIP:*C;;:-'
Q-0TORNEY ❑FW L:R
QtLM:CIOR!G ❑POUCE CHF
❑:.;c1,111.7EA61 ❑REC DIR
L?J' ❑UTIL DIR
Q'o d �❑�PE�RS DIR
M, ANG AGENDA
DATE 10 -14.49 ITEM #�� 0.i 50 n�
eppo rf
liaison REpoRt
October 11, 1999 FETrACAO
O CDD DIR
❑FIN DIR
❑FlRE CHIEFTO: Council Colleagues O 0 IDCE CHF❑REC DIRFROM: Dave Romero tml otR❑PERS DIR
SUBJECT: SLOCOG/SLORTA
SLOCOG
Sales Tax Expenditure Plan
Although SCA-3, which would have authorized local agencies to decide by majority vote
whether they wished to tax themselves for transportation improvements, failed to pass in the state
Assembly, there is a great likelihood that it will be reconsidered by the legislature in the January-
March 2000 time frame, and that some compromise measure will come forward. Each county
will be required to prepare a transportation expenditure plan prior to 4/30/00. Therefore, the
Board directed COG staff to proceed with setting up a broad-based steering committee to
investigate all aspects of transportation needs.
Brizzolara Street Sound Wall
The sound wall along Highway 101 adjacent to Brizzolara Street had previously been proposed
to be funded by $500,000 from a SLOCOG account with a supplemental $500,000 from a City
account. A recent change in state requirements has provided$626,000 for the sound wall which
will now be constructed by the state. At its meeting of 10/6/99, the SLOCOG Board determined
that the $500,000 assigned from the SLOCOG account for this sound wall could now be
reassigned for countywide distribution. The net effect of this action is that the state will now
build the sound wall with the $626,000. I believe the state will fund and complete the project
even if it exceeds the budgeted amount.
Reprogramming of TEA Funds
Several projects within the County have lagged far behind schedule and are in danger of losing
programmed TEA funds. Rather than lose these funds, the COG Board transferred $300,000 into
an active account which was made available for immediate expenditure. Presentations were
made on behalf of the city of San Luis Obispo (Morganti property acquisition), Pismo Beach
(ecological preserve property acquisition), and Paso Robles (urban pedestrian improvements).
There were extensive presentations (San Luis Obispo staff did extremely well). After a number
of Board votes, the final outcome was that the $300,000 was assigned to the City of San Luis
Obispo for the Morganti acquisition.
RECEIVED
0 C T 1 8 1999
SLO CITY CLERK
SLORTA
At its meeting of 10/6/99, the SLORTA Board made a number of decisions which will simplify
the process in awarding contracts for dialysis, Run-About and C-CAT services. The intent of the
action was to reduce the acrimonious presentation and to clarify requirements. San Luis Obispo
City system is not directly involved in this particular process, however, there are likely to be
savings in the cost of city operations by working out cooperative agreements with the successful
bidder for the SLORTA contracts. These constracts are expected to be awarded in early May
2000.
DR:ss
MEET'"" AGENDA
DATE, Z ITEM # ,
communication item
October 13, 1999
TO: City Council
FROM: Jan Howell Marx
SUBJECT: San Luis Obispo Gazette Weekly Council Schedule
Like you, I am enthusiastic about the forthcoming San Luis Obispo Gazette, and the increased
opportunity to share information with the community about the activities of City government. I
am concerned, however, that the proposed schedule (attached) is a bit too ambitious, given the
multitude of demands we are already balancing, including business related demands for some
Council Members.
While every Council Member is certainly free to approach the Gazette's request as they see fit, I
did think it would be more constructive from the standpoint of teamwork, if we could agree to
some common schedule that is less demanding. For example, we could retain the current
quarterly schedule or we could agree to an every-other-month schedule for Council columns,
supplemented by articles submitted by staff regarding City programs and activities.
• In any case, I am hoping that we can share some ideas regarding this request during the
communication section of our October 19"meeting.
Attachment
F�@TATT07,::EY
E3 FIN DDIR
DIR
❑FIRE CHIEF
❑PW DIR❑POLICE CHF❑REC DIR❑UTIL DIR❑PERS DIR
ban luil Obispo
Oa pttt
k Son Luis Obispo Mogoaine •
San Luis Obispo Gazette Weekly City Council Schedule
Listed below a;e tl�e deadlines for the Palm Street Perspective Columns.
The columni WNT be in the following Thursday Gazette.
Allen Settle 10/14 11/18 12/23 1/27 312
Dave Romero 10121 11/25 12/30 213 3/9
l-),Jan Marx 10128 12/2 1/6 2/10 3/16•
Ken Schwartz 11/4 12/9 1/13 2/17 3/24
John Ewan 11/11 12/16 1/20 2124 3/31
Tha3k You,
IS e Owens
,
3211 South Broad Street.#109, San Luis Obispo, CA 93401
Phena• (Anrl Set_aaea C.,• /OHC\ '712C-Aen.