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HomeMy WebLinkAbout50-Development Services . . . . e.",_ ' "','e_',~.~~,~_",,_e_ """"""-q"-' "."", '" ',.. ORIGINAL CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: Date: James G. Funk, Director Development Services May 17,2005 Subject: Development Code Amendment No. 05-01 to amend Development Code Section 19.06.030(2)(G)(4) to allow service stations with ancillary convenience stores to be within 1,000 feet of one another, and/ or another convenience store. MCC Date: June 20,2005 Synopsis of Previous Counell Action: None. Recommended Motion: That the hearing be closed and said ordinance be laid over for final adoption. VtRWv(/. 'RH+- i:::,JP es G. Funk Counell Notes: Phone: 384-5057 Ward(s): City-wide Agenda Item No. SO tt50 ~J;J.bID5 "'- " ~ , ~, . '" . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Development Code Amendment No. 05-01 to amend Development Code Section 19.06.030(2)(G)(4) to allow service stations with ancillary convenience stores to be within 1,000 feet of one another, and/or another convenience store. Applicant: City of San Bernardino Economic Development Agency 200 N. "E" Street San Bernardino, CA 92418 BACKGROUND: The Economic Development Agency is requesting approval of Development Code Amendment (DCA) No. 05-01 to amend Development Code Section 19.06.030(2)(G)(4) to allow service stations with ancillary convenience stores to be within 1,000 feet of one another, and/or another convenience store. No change will be made to the requirement for service stations and/or convenience stores to obtain a Conditional Use Permit. The Development Code Amendment is requested Citywide (see Planning Commission Staff Report titled Exhibit 1). At their meeting of Apri119, 2005, the Planning Commission voted 6 to 0 to recommend approval of DCA No. 05-01. Commissioners Brown, Coute, Heasley, Morris, Powell, and Sauerbrun voted in favor of the DCA. Commissioners Durr, and Enciso were absent. FINANCIAL IMPACT None, the Economic Development Agency filed the application and paid the fees required. RECOMMENDATION Staff recommends that the Mayor and Common Council close the public hearing and that the ordinance be laid over for final adoption. EXHIBITS: 1 Planning CommissionStaff Report Dated AprilS, 2005. 2 Ordinance ""'" . . EXHIBIT 1 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Development Code Amendment No. 05-01 4 AprilS, 2005 City-wide OWNER: Not applicable APPLICANT: City of San Bernardino Economic Development Agency 201 North E Street San Bernardino, CA 92418 REQUEST/LOCA nON: A request to amend Development Code Section 19.06.030(G)(4) to allow service stations with ancillary convenience stores to be within 1,000 feet of one another, and/or another convenience store. No change will be made to the requirement for service stations and/or convenience stores to obtain a Conditional Use Permit. The Development Code Amendment is requested citywide. CONSTRAINTS/OVERLAYS: None. ENVIRONMENTAL FINDINGS: o Not Applicable ~ Exempt, Section 15305, Minor Alterations in Land Use Limitations o No Significant Effects . o Potential Effects. Mitigation Measures and Mitigation Monitoring/RepOrting Plan STAFF RECOMMENDATION: ~ Approval o Conditions o Denial o Continuance to: ,m ",' c '""'~'W"",. ' .'m "' ", . , r-- '-"._-''''''"",V'''''~ . . DCA No. 05-01 Hearing Date 4/5/2005 Page 2 REQUEST AND PROJECT DESCRIPTION The proposed Development Code Amendment would modify Development Code Section 19.06.030(G) to delete the reference to the Freeway Corridor Overlay District. The text would be changed from: "4. No convenience store shall be located less than 1,000 feet from an existing or previously approved convenience store, or an existing elementary, junior high school, or high school, as measured from 1 property line to another. Service stations located within the Freewav Corridor Overlav District. nursuant to the nrovisions of 19.06.030(2)(0)(1) of this Chanter that include a convenience store as an ancillarv use are not subiect to the 1.000 foot distance restriction from other convenience stores." To: "4. No convenience store shall be located less than 1,000 feet from an existing or previously approved convenience store, or an existing elementary, junior high school, or high school, as measured from 1 property line to another. Service stations that include a convenience store as an ancillary use are not subject to the 1,000 foot distance restriction from other convenience stores." SETTING/SITE CHARACTERISTICS The Development Code Amendment would apply City-wide. BACKGROUND The Development Code has standards for both Convenience Stores and Service Stations. In the past, it would not have been unusual for a gasoline service station to be onlv a gasoline service station. However, in recent years, gasoline service stations are almost always requesting a retail component as part of their Conditional Use Permit application. This has led to conflicts in the interpretation of the Code. The effect of the proposed Amendment will be to allow service stations with convenience stores to occur without distance limitations in areas where convenience stores alone also occur. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed project is Categorically Exempt from CEQA, pursuant to Section 15305, Minor Alterations to Land Use Limitations. "-"."''''''''~'''''-=<5\'''''''''i''''''L''''=<'''''''''-_'' . . DCA No. 05-01 Hearing Date 4/5/2005 Page 3 FINDINGS AND ANALYSIS 1. Is the proposed amendment consistent with the General Plan? Yes. The proposed Development Code Amendment clarities provisions of the Code having no impact on the types of uses permitted in the Commercial land use districts, which are consistent with the General Plan. Objective 1.26 of the Land Use Element states: "Provide for the continued use, expansion, and new development of small scale, low- intensity commercial uses which serve and are in proximity to residential neighborhoods throughout the City. " And Policy 4.18.1 of the Economic Development Element states: "Designate land for local-serving general and neighborhood commercial retail activity." The proposed Amendment supports this Objective and Policy, insofar as the location of service stations with retail components and convenience stores are local-serving retail opportunities, and are in locations which are adjacent to residential neighborhoods throughout the City. Although not individually large generators, both convenience stores and gas stations generate revenues for the City in the form of sales tax and gas tax. 2. Is the proposed amendment detrimental to the public interest, health, safety, convenience of welfare of the City? No. The proposed amendment will clarify two sections of the Code, and will still provide standards for the location of both gasoline service stations .and convenience stores, providing the existing protection for the public interest and safety, .~hile still allowing for the public convenience to be served. The proposed Amendment will not result in an over-concentration of facilities, in as much as service stations are restricted to intersections of major and secondary arterial roads. Additionally, they can only occur on two of any four comers of such an intersection, and stand-alone convenience stores will still be restricted to a separation of 1,000 feet. In addition, market forces and shopping patterns will allow both stand-alone convenience stores and convenience stores ancillary to service stations to successfully coexist. Thus patrons of a service station can do some minor shopping without having to make multiple stops, allowing for their personal convenience while limiting the potential for safety risks due to multiple trips. . ., ..,.",.C'~,~,_,."n~_._'_'<< .~ . , '.. DCA No. 05-01 Hearing Dale 4/5/2005 Page 4 CONCLUSION The approval of Development Code Amendment is consistent with the General Plan and Development Code, and is supported by the Findings of Fact for approval. RECOMMENDATION 1. Staff recommends that the Planning Commission recommend that the Mayor and Common Council approve of Development Code Amendment 05-01 based upon the Findings of Fact contained in this Staff Report. Respectfully Submitted, ~C,~k/Jf' James Funk r v Director, Development Services ~~~ Ben Steckler Associate Planner o o o " '....', , ' .<..?"<;w",,,,,_..-.,.,,,.,.,,,,,,,,:,,.,~,c,,,,:.~~='l!!"'-"""~"'"=-.- .", T' ,....-"';:.,~......".,.."'" ~" ..- ORDINANCE NO. ~ Ol flf AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTION 19.06.030(2)(G)(4) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO LOCATIONAL REQUIREMENTS FOR SERVICE STATIONS WITH ANCILLARY CONVENIENCE STORES. 1 2 3 4 5 THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1. Chapter 19.06, Section 19.06.030(2)(G)(4), locational requirements 8 for convenience stores is amended to allow service stations with ancillary convenience 9 stores within 1,000 feet of one another, andlor another convenience store as shown in 10 11 12 Attachment 1, attached hereto and incorporated herein by reference. SECTION 2. Severability. In the event that any provision of this Ordinance, or 13 any part thereof, or any application thereof to any person or circumstance, is for any 14 15 reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity 16 17 or effectiveness of any of the remaining provisions of this Ordinance, or any part 18 thereof, or any application thereof to any person or circumstance or of said provision as 19 applied to any other person or circumstance. It is hereby declared to be the legislative 20 21 intent of the City that this Ordinance would have been adopted had such 22 unconstitutional, invalid, or ineffective provisions not been included herein. 23 IIII 24 I I I I 25 IIII 26 27 IIII 28 IIII ~o.50 (PfU) IDS- 1 0 2 3 4 5 6 7 o <'c~"<c,,,>~ < "<U' , , 1 <"d"7'''''~ AN ORQINANCE OF THE CITY OF SAN BER.~ARDlNO MODIFYING CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTION 19.06.030(2)(G)(4) OF THE SAN BER.~ARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO , LOCATIONAL REQUIREMENTS FOR SERVICE STATIONS WITH ANCILLARY CONVENIENCE STORES. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting 2005, by the thereof, held on the day of 20 21 22 23 24 Approved as to form and legal content: City Clerk The foregoing ordinance is hereby approved this _ day of JUDITH VALLES, Mayor City of San Bernardino 25 JAMES F. PENMAN 26 City Attorney ;~, 27 By: \ l...-t i).> t //) .). " < (/ll '>-<";:." 28 2 , 2005. o o o - FF,,,~n~""'_' " "F"".'~ F' ".,,,, ", A IT ACHMENT 1 Development Code Section 19.06.030(2)(G)(4) No convenience store shall be located less than 1,000 feet from an existing or previously approved convenience store, or an existing elementary, junior high school, or high school, as measured from 1 property line to another. Service stations that include a convenience store as an ancillary use are not subject to the 1,000 foot distance restriction from other convenience stores."