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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.