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Home My WebLink About09-Development Services C~.,-' "",t' , . i I Ii I ~ "". i , . j ,.. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Dept: Development Services Subject: Development Code Amendment 01-01 - To establish neighborhood grocery stores (with or without alcohol) as a permitted land use activity in various land use districts subject to a Conditional Use Permit. Date: January 31,2001 MCC Date: February 20, 2001 Synopsis of Previous Council Action: October 3, 2000, the Planning Division was directed to prepare an amendment to the Development Code pertaining to neighborhood-serving grocery stores as a permitted use subject to a conditional use permit. Recommended Motion: That the hearing be closed, and that said ordinance be laid over for final adoption and direct Planning Staff to prepare an amendment to the Development Code relating to signage for neighborhood grocery stores. James Funk Contact person: I{'II' RAII"nrli ph""",' ::\RA_'iO'i7 Supporting data attached: Staff Report. ordimmce Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No,) (Ar.r.t n~~r.rirtinn) Finance: Council Notes: .fJhfUAf~ :J/}O)6: #3/ Agenda Item "0, 9 '3/s JOJ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Development Code Amendment No. 01-01 Mayor and Common Council Meeting of February 20, 2001 BACKGROUND The Legislative Review Committee discussed this topic and recommended to the Mayor and Common Council that the Development Code be revised to establish neighborhood grocery stores as a permitted land use subject to a Conditional Use Permit. On October 3,2000, the Mayor and Common Council directed staff to prepare this development code amendment. A previous development code amendment established Specialty Food Stores as a permitted land use. At that time, a definition was not added to the Development Code. This Development Code Amendment will add a definition for Specialty Food Stores. At its meeting of January 23,2001, the Planning Commission recommended that the Mayor and Common Council approve Development Code Amendment No. 01-01. Commissioners Derry, DUff, Enciso, Garcia, Lockett, Sauerbrun, Thrasher and Welch voted in favor of the motion. Commissioners Coute and Ramirez were absent. The Planning Commission also recommended that the Mayor and Common Council direct Planning Staff to prepare an amendment to the Development Code relating to signage for neighborhood grocery stores. FINANCIAL IMPACT None, RECOMMENDATION I. Staff recommends that the Mayor and Common Council approve Development Code Amendment No. 01-01, based on the Findings of Fact in the Planning Commission Staff Report, and layover the ordinance for fmal reading and 2. Direct Planning Staff to prepare an amendment to the Development Code relating to signage for neighborhood grocery stores. Exhibits: I Planning Commission Staff Report dated January 23, 2001 (w/o attachments) Ordinance 2 EXHIBIT 1 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Development Code Amendment No. 01-01 3 01/23/01 Citywide OWNER: APPLICANT: N/A City of San Bernardino 300 No. "D" Street San Bernardino Ca 92418 REQUEST/LOCATION: This is a City-initiated request to amend Chapter 19.02, Section 19.02.050 (Definitions) and Chapter 19.06, Section 19.06.020 Table 06.01 (Permitted Uses), Table 06.03 (Specific Standards), and Section 19.06.030 (Development Standards) of the Development Code to establish neighborhood grocery stores (with or without alcohol sales) as a permitted use activity in various commercial land use districts subject to a Conditional Use Permit. This amendment is applicable Citywide. CONSTRAINTS/OVERLAYS: . None ENVIRONMENTAL FINDINGS: o Not Applicable . Exempt, Section 15061 (b)(3) General Rule o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: . Approval o Conditions o Denial o Continuance to: Development Code Amendment No. 01-01 Hearing Date 01/23/01 Page 2 REOUEST AND PROJECT DESCRIPTION This is a City-initiated request to amend the following provisions of the Development Code These amendments will be applicable Citywide. Chapter 19.02, Section 19.02.050, to add the following definitions: Neil!hborhood Grocerv Store A full service grocery store less than 15,000 square feet (with or without alcohol sales), that sells fresh fruit, vegetables, fresh meat and fish, and has food prepared on site. Specialty Food Store The retail sale of an exclusive product line (no alcohol sales), with no more than 15% ofthe gross floor area devoted to the sale ofrelated accessory items. Chapter 19.06, Section 19.06.020 Table 06.01 (I) (11) to add Neighborhood Grocery Stores (with or without alcohol sales) as a permitted land use activity in various commercial land use districts subject to a Conditional Use Permit (attached). Chapter 19.06, Section 19.06.020 Table 06.03 (P) to establish Standards for neighborhood grocery stores (attached). Chapter 19.06, Section 19.06.030 (P) to add the following Specific Development Standards. P. NEIGHBORHOOD GROCERY STORES Neighborhood Grocery Stores (with or without alcohol sales) may be established subject to a Conditional Use Permit and shall be operated in the following rnanner: I. A maximum of seventy-five (75) square feet of the sales area may be used for the display or sale of alcohol. 2. The primary business must be a full service grocery store (fresh fruit, vegetables, meat, and fish) with food preparation facilities on site. 3. No gasoline sales are allowed. 4. The hours of operation are limited to 7:00am to 9:00pm. Development Code Amendment No. 01-01 Hearing Date 01/23/01 Page 3 *5. The sale of alcohol is limited to off-sale of beer and wine only, with no single sales sr malt liEJHsrs. 6. All parking shall comply with provisions of Chapter 19.24 (Off-Street Parking) . 7. All signage shall comply with the provisions of Chapter 19.22 (Sign Standards) . 8. Periodic inspections may be required. BACKGROUND The Legislative Review Committee discussed this topic and recommended to the Mayor and Common Council that the Development Code be revised to establish neighborhood grocery stores as a permitted land use subject to a Conditional Use Permit. On October 3, 2000, the Mayor and Common Council directed staff to prepare this development code amendment. A previous development code amendment established Specialty Food Stores as a permitted land use. At that time, a definition was not added to the Development Code. This Development Code Amendment will add a definition for Specialty Food Stores. CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOAl Article 5, Section 15061(b)(3) of the California Environmental Quality Act (CEQA) 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 to the Development Code only establishes neighborhood grocery stores as a land use, Staff has determined that Development Code Amendment No. 01-01 is exempt from the provisions of CEQA. FINDINGS AND ANALYSIS 1. The proposed amendment is consistent with the General Plan. Yes, the proposed Development Code Amendment is consistent with General Plan Policy, 1.6.2 in that the General Plan establishes policies pertaining to control the location and number of alcohol sales and the Development Code implements them. * Amended by P,C. 01/23/01 Development Code Amendment No. 01-01 Hearing Date 0 1/2310 I Page 4 No, the proposed amendment to the Development Code establishes neighborhood grocery stores as a permitted land use, subject to a Conditional Use Permit. Proposals will be evaluated on a case-by-case basis to ensure there will be no impacts that will be detrimental to the public interest, health, safety, convenience, or welfare of the City. CONCLUSION Development Code Amendment 01-01 is a request to amend Chapter 19.02, Section 19.02.050 (Definitions), Chapter 19.06, Section 19.06.020 Table 06.01 (Permitted Uses) and Table 06.03 (Special Standards), and Section 19.06.030 (Development Standards) of the Development Code to establish neighborhood grocery stores (with or without alcohol sales) as a permitted use activity in various commercial land use districts subject to a Conditional Use Permit.. This Development Code Amendment has been determined to be exempt from the California Environmental Quality Act and rneets all necessary Findings of Fact for approval. RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Cornmon Council approve Development Code Amendment No. 01-01 based on the Findings of Fact. Respectfully submitted, .' " ! ! iivt..Llt.t:I.1M lL. t titi t/---._~ WILLIAM WOOLARD Interim Director of Development Services ~ ..6.R./~~~ G~LLANDI Associate Planner Attachments: A - Development Code Chapter 19.06, Section 19.06.020 Table 06.01 (1)(11) B - Development Code Chapter 19.06 Section 19.06.020 Table 06.03 (P) (: 1 ~(Q)~\7 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING 3 CHAPTER 19.02 (DEFINITIONS) AND CHAPTER 19.06 (COMMERCIAL DISTRICTS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT .( CODE) TO MODIFY TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS FOR NEIGHBORHOOD GROCERY STORES. 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 8 SECTION 1. Chapter 19.02, Section 19.02.050, Definitions and Chapter 19.06, Sections 1'- '- 9 19.06.020 Table 06.01 (I) (II) and Table 06.03 (P), and Section 19.06.030 (P) of the Municipal 10 11 12 13 IIII 14 15 Code (Development Code) are amended to add definitions and modify tables and text related to Neighborhood Grocery Store requirements and standards as shown in Exhibit A attached hereto and incorporated herein by reference. IIII 16 IIII 17 18 19 20 21 22 23 24 25 26 (- 27 .- 28 I c:: 1 2 3 4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING CHAPTER 19.02 (DEFINITIONS) AND CHAPTER 19.06 (COMMERCIAL DISTRICTS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY TEXT RELATED TO DEFINITIONS, REQillREMENTS AND STANDARDS FOR NEIGHBORHOOD GROCERY STORES. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof, held 7 on the 8 9 10 11 day of ,2001, by the following vote to wit: AYES ABSTAIN ABSENT NAYS Council Members: ESTRADA LIEN 12 MCGINNIS 13 SCHNETZ ( ~ 14 SUAREZ ('- '- 15 16 MC CAMMACK 17 18 ANDERSON City Clerk 19 20 21 22 23 24 Approved as to form and legal content: 25 26 JAMES F. PENMAN City Attorney 27 By: ~M7 lfev.--~_,\ 28 {l The foregoing ordinance is hereby approved this day of 2001. JUDITH V ALLES, Mayor City of San Bernardino 2 (- .- <: (- '- Exhibit A BASIC PROVISIONS - 19.02 Microbrewery. A small scale production of beer, with or without food service, inchiding on-site storage and shipping of products produced on the premises; food service may be provided ancillary to the use. MC 997 8/7/97 Mixed Use Development. The development of a parcel(s) or structure(s) with 2 or more different land uses such as, but not limited to a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures. Mobile Home. Same as "Manufactured Home", but subject to the National Manufactured Housing Construction and Safety Act of 1974. Mobile Vendor. An individual providing sales of retail andlor food items from a moveable cart in a public place. MC 997 8/7/97 Motel. Guest rooms or suites occupied on a transient basis, with most rooms gaining access from an exterior walkway. Neighborhood Grocery Stores. A full service grocery store less than 15,000 square feet (with or without alcohol sales) that sells fresh fruit, vegetables, meat and fish, and has food prepared on site. Net Site Area. The total area within the lot lines of a parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Nonconforming Structure. A structure which conformed to applicable laws when constructed but does not conform to the provisions of this Development Code. Nonconforming, Illegal. A structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this Development Code. Nonconforming Lot. A lot, the area, frontage or dimensions of which do not conform to the provisions of this Development Code. Nonconforming Use. A use complying with applicable laws when established but does not conform to the provisions of this Development Code. Outdoor Sales/Displays. A promotional sales event conducted by I or more businesses which is held outside the confines of the commercial structure(s) in which such business is normally conducted and which sale involves the outdoor display within a paved or concreted area on the same lot as the structure(s) of merchandise which is normally displayed within the structure(s). Sale events shall be conducted solely on private property and not encroach within public rights- of-way, MC 972 7-4-96 Parcel. A parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll. Parkway. The area of a public street that lies between the curb and the adjacent property line or 1-1 5/91 (: (: (- .- BASIC PROVISIONS - 19.02 SidewalklParking Lot Sale. A promotional sales event conducted by I or more businesses which is held outside the confmes of the commercial or manufacturing structure(s) in which such business is normally conducted and which sale involves the outdoor display within a paved or concreted area on the same lot as the structure(s) of merchandise which is normally displayed within the structure(s). Sale events shall be conducted solely on private property and not encroach within the public rights-of-way. Single Room Occupancy (SRO) Facility. A cluster of 7 or more units within a newly constructed residential hotel of weekly or longer tenancy providing sleeping or living facilities for I or 2 persons per unit, in which sanitary facilities may be provided within the units, and cooking facilities may be shared within the hotel. MC 809 10/8/91. Slope. The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees. Slope Percentage = Rise x 100 = % Run Slope Ratio = Run = (x) feet run to one foot rise = x: 1 Rise % Grade 100% 50% 40% 33.3% 30% 25% 20% 15% 12% 10% 8% 6% Degrees 45 26.6 21.8 18.4 16.7 14 11.3 8.5 6.8 5.7 4.6 3.4 Ratio 1:1 2:1 2.5:1 3:1 3.3:1 4:1 5:1 6.7:1 8.3:1 10:1 12.5:1 16.7:1 SmaIl Lot Subdivision. Limited lot size subdivision (5,000 s.f. minimum lot size) for single family detached dwellings. Solar Facilities. The airspace over a parcel that provides access for a solar energy system to absorb energy from the sun. Specialty Food Stores The retail sale of an exclusive product line (no alcohol sales) with no more than 15% of the gross Door area devoted to the sale of related accessory items. 1-2 5/91 (- e_ ell UN U ell U- U :c U ~..,. 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E E Ii ~ .Q ::;: rii ~ l-g ~ " " , ~ ,,~o U "'" ~ .. e "'" ~ 0 u u ~..;:: " " -" C " > I~ " o ~ :c ",,,",,, ~"O 0 n: - > -0"" La " 0 " ,~ g g C C > 0= u '2 '2 -;; .- l5 0 .!! a 5 "'~ "'c ~~U u u t " " '~ "O~ 0 C'- .S 0 0.. "0 <:.:J 0 0 .. .=::;: ~ ~ ~ ::;: ::;: Zri5~ " ell:I: " " ,- >< Ci5~::E '" <: <: <: <: c:: u 0 0 0:: '" "'''' ",La ",u <<Ii 0 ci o.i u.: cj~ ... ..; ,.: ...; ::E ici .,; 16 oi <Ii b => > ~ x ... "" J, 00 "" o "" U ::;: "0 >-<'1 a ~ cc;"~gr!- 0_ I ,- ~~~~N IN, 1- ....-MNIr\ 1;~~~:; ..=000000- -guuuu ",::;:::;:::;:::;: .... .., ... .... ..... "" -0 "" "" "" u ::;: COMMERCIAL DISTRICTS - 19.06 c: P. NEIGHBORHOOD GROCERY STORES Neighborhood Grocery Stores (with or without alcohol) may be established subject to Conditional Use Permit and shall be operated in the following manner: 1. A maximum of seventy-five (75) square feet of the sales area may be used for the display or sale of alcohol. 2. The primary business must be a full service grocery store (fresh fruit, vegetables, meat and fish) with food preparation facilities on site. 3. No gasoline sales are allowed. 4. The hours of operation are limited to 7:00am to 9:00pm. 5. The sale of alcohol is limited to off-sale of beer and wine only, with no single sales. 6. All parking shall comply with provisions of Chapter 19.24 (Off-Street Parking). (~ 7. All signage shall comply with the provisions of Chapter 19.22 (Sign Standards). 8. Periodic inspections may be required. Q. RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS Recycling facilities are subject to permit review in all commercial and industrial land use districts according to the following schedule: Type of Facility Districts Permitted Permit Required Reverse Vending All Commercial and Development Permit and up Machine(s) Industrial to 5 reverse vending machines Small Collection CG-I, CG-2, CR-3 (So. Development Permit of 1-10) & All Industrial Large Collection CH and All Industrial Conditional Use Permit Light Processing All Industrial Conditional Use Permit (- Heavy Processing All Industrial Conditional Use Permit .- II -60 7/9] ..~", -".. . _ . ,r.:z.n.1D1C A **FOR OFFICE USE ONLY. NOT, A PUBLlCDOCUMEHT*,*"c"", ::{~~[~J:' ~. "~:~'!;:~ ... ~~.~~~;;;'. . ~ '-.~;}f~t;~_':-, .. '(~_.~;-:Y<F';:~:::j,:,~~'~'~~~gf:}t.:~-::.:~:~~};>{ " "CITY OF SAN BERNARDINO ~'CITY ClERK'SOFFICE--'-"---"" ' RECORDS & INFORMATION MANAGEMENT PROGRAM . -'~""'. - ,~ AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: g-!:-O I Item No. cr Resolution/Ordinance No. me - 1093 Ordinance Urgency: Yes Effective Date: y- .5'-0/ Termination/Sunset Date: Vote: Ayes: f..~ L, S'~ ft:'1ays: ;V~ Abstain: :;# 7 !vi ( ~L Absent: jJ.3 /l1 < C;;; ~ Date Sent to Mayor: J -{, - 01 Date Returned from Mayor: :3-(.. -Of Date of Mayor's Signature: 5' - (, -. 0 ( Date of Clerk's Signature: 3 - ? -O! Date Summary Sent to Attorney: J - to - 0 / Date Summary Returned from Attorney: Date Published: '3/'1 /0 I Meeting Type: 0:~ ~ Continued FromITo & Item No_ I@ /7/0 3/j/M I Date Seal Impressed: 3-7-0( Date Sent for Signature: To Whom: Expiration Date: , . _ / ~ / Date Retumed: ~. , COPiesDistributed~ /I ~~~.~___~) -~' Exhibits Complete & Attached to Resolution/Ordinance: Reminder letter Sent: Reminder letter Sent: Reminder letter Sent: Request for Counci I Action & Staff Report Attached: Yes Notes: ~~-t(' /ffi- -'f--- ~/~/Ol -LJ.../ x:;~ 4<_' No Ready to File: Date: [X)CtJMB\f1' lOCA TlOf'+. F'OAJo6'Aaenda Illem T..... foml.CC FomtNcL. III-laM ~ lV1M11996