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~IT~ OF SAN BER*'RDINO -
REQUEST ~R COUNCIL ACTION
From: Al Boughey, Director
Development Loae amenamen~ ~o. ~~-vS,
Subject: To delete the requirement for a
Conditional Use Permit for businesses in
excess of 15,000 sq. ft. where alcohol
sales are not the principal use.
Mayor and Common Council Meeting
September 29, 1992
Dept: Planning & Building Services
Date: September 16, 1992
Synopsis of Previous Council action:
None.
Recommended motion:
That the hearing be closed and that said ordinance be laid over for final
adoption.
Contact person:
Al Boughey
Phone:
384-5357
Supporting data attached:
Staff Report. Ordinance
Ward:
Citywide
FUNDING REQUIREMENTS:
Amount:
N/A
Source: IAcct, No.!
IAcct. Descriotion)
Finance:
Council Notes:
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CITY' OF SAN BERN~DINO - REQUEST -'dR COUNCIL ACTION
STAFF REPORT
REOUEST
The request is for an amendment to Development Code Section 19.06.030 (2) (B),
ALCOHOL BEVERAGE CONTROL "ABC" LICENSE, to change the square footage
requirement for businesses or establishments that are subject to a Conditional
Use Permit when they do not sell alcoholic beverages as their principal
business.
BACKGROUND
When the Development Code was adopted, the minimum size requirement of 25,000
square feet that had been included in the Municipal Code was continued as a
Development Code standard. The square footage requirement set the standard to
determine which establishments would be subject to a conditional use permit
for the sale of alcoholic beverages when this activity was not the principal
activity of the business.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) STATUS
Article 5, Section 15061 (b)(3) of the California Environmental Quality Act
states that, in general, CEQA applies only to projects that could have a
significant effect on the environment. Where it can be determined with
certainty that no possibility exists for a project to have a significant
effect on the environment, the project is not subject to CEQA. Because the
proposed amendment will not lead to an increase in the number or intensity of
projects proposed, staff has determined that Development Code Amendment
No.92-08 is exempt from the provisions of CEQA.
ANALYSIS
The Development Code Amendment is consistent with the General Plan Goal 1G and
Policy 1.7.1 whose intent is to achieve a pattern and distribution of land
uses which retain and enhance residential neighborhood and commercial
districts, as well as to accommodate the new development, adaptive reuse, and
renovation in accordance with the Land Use Plan Map. This amendment will
further implement this goal and policy by enhancing new development in
commercial districts throughout the City.
The intent of the square footage requirement was to exclude uses such as
grocery stores and drug stores that did not sell alcohol as principal business
from the requirement for a conditional use permit. Uses such as convenience
stores and liquor stores would still be subject to the CUP requirement.
The 25,000 square footage requirement is too large for a number of
establishments (i.e. drug stores in strip centers) that would like to sell
alcoholic beverages in addition to other primary items including the sale of
drugs, pharmaceutical items, household products, etc. These establishments
are of sufficient size to satiSfy development objectives of the original
25,000 square foot minimum and normally are smaller, ranging from 15,000 to
18,000 square feet. In order to consider the requests of these smaller
establishments to qualify for the sale of alcoholic beverages, a Development
Code Amendment is necessary.
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Development Code Amen~t No. 92-08
Mayor and Common Council Meeting
September 29, 1992
Page 2
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DEVELOPMENT CODE AMENDMENT/CONCLUSION
The Development Code Amendment would allow businesses or establishments with a
minimum of 15,000 square feet which do not sell alcoholic beverages as the
principal business to do so without the CUP requirement. These businesses
would still be required to go through the Development Permit process.
PLANNING COMMISSION
On August 4, 1992, the Planning Commission reviewed the proposed amendment and
recommended that the Mayor and Common Council approve Development Code
Amendment No. 92-08.
MAYOR AND COMMON COUNCIL OPTIONS
The Mayor and Common Council may approve Development Code Amendment No. 92-08
as proposed by staff; or
The Mayor and Common Council may deny Development Code Amendment No. 92-08.
RECOMMENDATION
It is recommended that the Mayor and Council approve Development Code
Amendment No. 92-08 based on the attached Findings of Fact (Attachment "A" of
the Planning Commission Staff Report).
Prepared by:
Doris A. DanielS, Senior Planner, Development Department
for Al Boughey, Director, Planning and Building Services
Exhibits:
I. Findings of Fact
II. Ordinance
DAD:04l5q
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FINDINGS OF FACT
1. The proposed amendment is consistent with the General Plan in that the
amendment further implements the Goals and Policies of the General Plan to
enhance commercial districts and to accommodate new development, adaptive
reuse and renovation of businesses.
2. The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City, in that amendment
would promote economic development and corresponding increase'in jobs.
DAD:0415q
Exhibit "I"
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19.06.030(2) (B) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
3 CODE) RELATING TO THE REQUIREMENT OF A CONDITIONAL USE PERMIT FOR
THE SALE OF ALCOHOL BEVERAGES IN RESTAURANTS OR LARGE BUSINESSES.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION
section 19.06.030(2) (B) of the San Bernardino
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is hereby amended to read as
follows:
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"B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE
1. A Business or establishment requiring issuance of an
"ABC" license is subject to a Conditional Use Permit and
shall comply with the following standard(s), in addition
to conditions imposed by the Commission:
Establishments subject to an off-site "ABC" license shall
not be located within 500 feet of any religious
institution, school, or public park within the City; 100
feet of any property designated for residential use or
used for residential purposes; and shall not be located
in such close proximity to another similar use as to
cause an oversaturation of such uses in the neighborhood.
The license application shall be reviewed by the Police
Department prior to city approval.
2.
Establishments containing 15,000 square feet or more
which do not sell alcoholic beverages as the principal
business are exempt from the requirement for a
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Conditional Use Permit.
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3. sit-down restaurants whose predominant function is
the service of food and where the on-site sale of
alcoholic beverages is incidental or secondary are exempt
from the requirement for a Conditional Use Permit. An
incidental bar or lounge shall be allowed for the
convenience of dining patrons. (Establishments which are
primarily a bar or lounge or have a bar or lounge area as
a principal or independent activity are not included in
this exemption.)"
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1 AN ORDINANCE... AMENDING SECTION 19.06.030(2) (B) OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATING TO THE
2 REQUIREMENT OF A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOL
BEVERAGES IN RESTAURANTS OR LARGE BUSINESSES.
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adopted by the
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I HEREBY CERTIFY
that the foregoing ordinance was duly
Mayor
and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1992, by the fOllowing vote, to wit:
Council Members:
NAYS
ABSTAIN
AYES
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
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City Clerk
The foregoing ordinance is hereby approved this
, 1992.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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By: Y!Z-'I4<J-,
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ABSENT
day