HomeMy WebLinkAbout38-Development Services
ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: An ordinance of the City of San Bernardino
amending Development Code Sections 19.06.025,
Prohibited Uses, 19.06.030(2)(B), Alcoholic Beverage
Control (ABC) Licenses, and 19.06.030(2)(F),
Convenience Stores (Development Code Amendment
No. 08-03).
From: Valerie C. Ross, Director
Date: May II, 2009
MCC Date: June 15,2009
Synopsis of Previous Council Action:
05/05/09 The Legislative Review Committee recommended adoption.
01/20/09 The Mayor and Common Council referred the matter back to Legislative Review
Committee.
Recommended Motion:
That the hearing be closed and said ordinance be laid over for final adoption.
~(;.~
Valerie C. Ross
Contact Person: Valerie Ross
Phone: 5357
Supporting data attached: Staff Report
Ward(s): Citywide
FUNDING REQUIREMENTS:
Amount: $500.00
Source: 001-190-5121
Acct. Description: None
Finance:
Council Notes:
Agenda Item No.
38
UrIS" .0'
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!-A-/LED
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
An ordinance of the City of San Bernardino amending Development Code Sections 19.06.025,
Prohibited Uses, 19.06.030(2)(B), Alcoholic Beverage Control (ABC) Licenses, and
19.06.030(2)(F), Convenience Stores (Development Code Amendment No. 08-03).
Background:
Revisions to the Development Code related to prohibited uses, ABC licenses, and convenience
stores were discussed at the Legislative Review Committee (LRC) at various times in the fall and
winter of2008. On October 6,2008, the Mayor and Common Council directed Planning staff to
initiate an amendment to the Development Code to include revisions as recommended by the
LRC. The Planning Commission considered Development Code Amendment (DCA) No. 08-03
on November 5, 2008 and unanimously recommended approval. The DCA was scheduled for a
public hearing and approval by the Mayor and Common Council on January 20, 2009.
At that council meeting, the City Attorney raised concerns about the legality of the amendments
because of the lack of objective criteria. The Mayor and Common Council referred the DCA
back to the Legislative Review Committee. On January 27,2009, the City Attorney discussed
these concerns with the LRC. The LRC discussed different criterion that could be included and
directed staff to modify the proposed revisions accordingly.
At their meeting on March 3'd, the LRC discussed convenience stores/ABC licenses and single-
price overstock/discount stores. A local business owner also asked for consideration on stereo
shops because he wished to expand his business. Staffreturned to LRC on April 7th with
proposed modifications to include these areas (Exhibit A). The LRC moved the stereo shop
revision to Mayor and Common Council and asked that staff do additional research on ABC
requirements as outlined in the State Business and Professions Code.
On May 5th, the LRC completed their review and recommended that the Mayor and Common
Council approve Development Code Amendment No. 08-03 as outlined in Attachment 1 to the
memorandum to Legislative Review Committee dated April 30, 2009 (Exhibit B).
Financial Impact:
An amendment to the Development Code typically exceeds $1,000, which includes staff time
and advertising costs. However, much of the work involved has been accomplished through the
LRC review process. For an amendment such as this, a 1I8-page display ad would be used. The
cost of the display ad is approximately $500 and will include all of the areas being revised.
Recommendation:
That the hearing be closed and said ordinance be laid over for final adoption.
2
Exhibits:
A
April I, 2009 Memorandum for April 7, 2009 Legislative Review
Committee Meeting
Attachment I Development Code Sections 19.06.025, Prohibited Uses,
19.06.030(2)(B), Alcoholic Beverage Control (ABC)
Licenses, and 19.06.030(2)(F)
B April 30, 2009 Memorandum for May 5, 2009 Legislative Review
Committee Meeting (w/o Attachment I)
C Ordinance
3
EXHIBIT A
CITY OF SAN BERNARDINO
Development Services Department
Interoffice Memorandum
TO:
Legislative Review Committee
FROM:
Valerie C. Ross, Director
SUBJECT:
Moratorium on Certain Designated Businesses
DATE:
April I, 2009
COPIES:
Mark Weinberg, Interim City Manager
Background
On January 27, 2009 at a Special Legislative Review Committee meeting, single-price
overstock/discount stores and convenience stores with off-sale Type 20 (beer and wine) ABC
licenses were discussed. The LRC concurred that modifying the language to allow the single-price
overstock/discount stores that were 15,000 square feet or larger was reasonable. The LRC directed
staff to prepare options for convenience stores with oft~salc Type 20 ABC licenses.
The LRC discussed convenience stores/ABC licenses at their meeting of March 3, 2009. In
addition, there was a request trom the owner of a stereo store to consider modifying the language to
consider allowing relocations.
Attachment I includes recommended changes in strikeout/underline to Chapter 19.06.025,
Prohibited Uses and Chapter 19.06.030, Land Use District Development Standards for convenience
stores and ABC licenses.
Recommendation
Staffrecommends that the Legislative Review Committee recommend that the Mayor and
Common Council direct Planning staff to initiate an amendment to the Development Code to
allow consideration of certain specified businesses as outlined in Attachment 1.
EXHIBIT B
CITY OF SAN BERNARDINO
Development Services Department
Interoffice Memorandum
TO:
Legislative Review Committee
FROM:
Valerie C. Ross, Director
SUBJECT:
Convenience Stores and ABC Licenses
DATE:
April 30, 2009
COPIES:
Lori Sassoon, Assistant City Manager
Background
On April 7, 2009 the Legislative Review Committee discussed potential revisions to the
Development Code - Section 19.06.025, Prohibited Uses, Section 19.06.030(2)(B), Alcoholic
Beverage Control (ABC) Licenses, and Section 19.06.030(2)(F), Convenience Stores. Some
modifications were made and staff was asked to prepare a summary comparison of the locational
criteria for convenience stores and off-sale Alcoholic Beverage Control (ABC) licenses in the
Development Code. Section 19.06.030(2)(B) of the Development Code contains the locational
criteria for off-sale ABC licenses and Section I 9.06.030(2)(F) contains the locational criteria for
convenience stores, summarized as follows:
Locational Criteria
ABC Off-Sale Convenience Stores
Church Not < 500 Feet
School Not < 500 Feet Not < 1,000 Feet
Public Park Not < 500 Feet
Residential Not<100Feet
Convenience Store Not < 1,000 Feet* i
* Not applicable to service stations with an ancillary convenience store.
State regulations for alcoholic beverages are found in the Business & Professions Code, Division
9, Alcoholic Beverages, also referred to as the ABC Act. Chapter 5, Restrictions on Issuance of
Licenses, Article 1, Section 23789 states:
"(a) The department is specifically authorizcd to rejilse the issuance, other than renewal or
ownership transfer, of any retail license for premises located within the immediate vicinity of
churches and hospitals.
(b) The department is specifically authorized to refuse the issuance, other than renewal or
ownership tran~fer, of any retail license for premises located within at least 600feet of
schools and public playgrounds or nonprofit youth facilities, including, but not limited to,
EXHIBIT B
05.05.09 LRC
Convenience Stores/
ABC Licenses
Page 3 of 3
The motion to recommend approval did not pass on a 3-2 vote. Concerns were voiced about the
proximity of a convenience store with a Type 20 ABC license to the elementary school, even
though the School District did not object to the proposal.
It is my recollection that the] ,OOO-foot distance between convenience stores and schools was put
in place when convenience stores were seen as attractive nuisances to school-aged kids who
might skip class and hang out at a convenience store to play video games and buy junk food.
Section 19.06.030(2)(F)( 15) of the Development Code prohibits on-site video games. In
addition, it should be the responsibility of the convenience store manager, like any other
business, to monitor the store. However, it is not the store manager's responsibility to determine
that school-aged kids shouldn't purchase and eat junk food. Restating the Urbita E]ementary
School situation, regardless oflocational criteria, when a convenience store is located between a
residential neighborhood and a school, kids will walk by it on their way to and trom school. ]n
this case, however, the Inland Center Mall offers many more attractive diversions for children
directly across the street from the project site.
Some students must cross Inland Center Drive, a major arterial, to reach Urbita Elementary
School. This existing condition is far more dangerous than the potentia] attractive nuisance of a
convenience store. One of the provisions of the MOU between Inland Center Service Station, LP
and the District is long-term funding of a crossing guard for Inland Center Drive at '']'' Street, as
well as an cndowment for safety education at Urbita E]ementary School.
Staffrecommcnds approval of Development Code Amendment (DCA) No. 08-02 because it
allows discretion and consideration of existing conditions, proposed improvements to pedestrian
safety, store management and security measures that can prevent harassment of students by
convenience store patrons in the review of Condition a] Use Permit applications for convenience
stores and/or Type 20 ABC licenses, consistent with the proposed language in Attachment I.
Recommendation
Staffrecommends that the Legislative Review Committee recommend that the Mayor and
Common Council approve Development Code Amendment No. 08-03 to allow consideration of
celiain specified businesses as outlined in Attachment 1. The recommended changes would
allow consideration of Development Code Amendment No. 08-02.
Attachments
Recommended revisions to Section 19.06.025, Prohibited Uses, Section
19.06.030(2)(B), Alcohol Beverage Control (ABC) Licenses, and Section
19.06.030(2)(F), Convenience Stores of the Development Code, with revisions as
previously requested.
EXHIBIT B
05.05.09 LRC
Convenience Stores!
ABC Licenses
Page 2 of3
facilities serving Girl Scouts, Boy Scouts, or Campfire Girls. This distance shall be measured
pursuant to rules of the department. "
A retail license is any ABC license for retail sales, including on-sale (for on-site consumption)
and off-sale (for off-site consumption) ABC licenses. Typical on-sale licenses include Type 41,
on-salc beer and wine - eating place, Type 42, on-sale beer and wine - public premises, Type 47,
on-sale general - eating place, and Type 4S, on-sale general - public premises. Typical off-sale
licenses are Type 20, oft:sale beer and wine and Type 21, off-sale general. The ABC Act
prohibits alcoholic beverage sales or service (with exceptions) on school grounds, at hospitals
and rest homes. The ABC Act does not require specific separation distances to be maintained
between retail ABC licenses and sensitive land uses. Instead, the ABC Act provides standard
distances from sensitive uses where the ABC Department has the discretion to deny an ABC
license, like the B&P Code section cited above. There are no criteria or objective standards
provided for that denial authority. Staff is not aware of any proposed licenses being denied by
the ABC Department unless the City denied a required CUP application. All off-sale ABC
licenses (Type 20 and 21) require a determination of public convenience or necessity by the
Mayor and Common Council.
J&R Oil (lnland Center Drive Service Station, LP) submitted a Conditional Use Permit
application to establish a service station/convenience store with a Type 20 ABC license, a drive-
thru car wash and two drive-thm restaurants at the northeast corner of Inland Center Drive and
"1" Street. The applicant also proposed a Development Code Amendment to revise locational
criteria for convenience stores and off:sale ABC licenses, only as they apply to the minimum
distances from schools. The Development Code distance standards are measured from property
line to property line. The convenience store parcel of the proposed project is located
approximately 200 feet from the rear property line of Urbita Elementary School. The walking
distance from the proposed convenience store entry to the entrance orUrbita Elementary School
on ")" Street would be approximately I ,200 feet.
The Planning Commission considered the Inland Center Drive Service Station, LP applications
at their meeting of April 21,2009. Staffs recommendation was as follows:
1. Refer Development Code Amendment No. OS-02 to the Legislative Review Committee of
the Common Council for review and potential recommendation to the full Council;
2. Recommend approval of Conditional Use Permit No. 07-04 and Tentative Parcel Map
No. 19162 to the Mayor and Common Council, contingent on approval of DCA No. OS-
02 or DCA No. OS-03, based on the Findings of Fact in the Staff Report and subject to the
Conditions of Approval (Attachment C), and Standard Requirements (Attachment D);
and
3. Recommend a determination by the Mayor and Common Council, contingent on approval
of DCA No. OS-02 or DCA No. 08-03, that the Public Convenience or Necessity would
be served by approval of a Type 20 ABC license for the convenience store proposed by
Conditional Use Permit No. 07-04.
1
ORDINANCE NO.
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 CHAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.025(1)(F) AND (G),
AND (3), SECTION 19.06.030(2)(B)(1), (2), (3), (4), AND (7) AND SECTION
.. 19.06.030(2)(F)(1), (2), (5), (7), (8), (16), AND (20) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO PROHIBITED USES,
5 ALCOHOLIC BEVERAGE CONTROL "ABC" LICENSES, AND CONVENIENCE
6 STORES.
7
8
9
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.06, Section 19.06.025(I)(F) relating to Prohibited Uses,
10 Convenience Stores is deleted and the remaining sections re-numbered accordingly. Section
11 19.06.025(1 )(G) and Section 19.06.025(3) relating to Prohibited Uses arc amended as shown in
12 Attachment 1 attached hereto and incorporated herein by reference.
13
14
15
16
17 incorporated herein by reference.
SECTION 2. Chapter 19.06, Section 19.06.030(2)(B)(1), Section 19.06.030(2)(B)(2),
19.06.030(2)(B)(3), 19.06.030(2)(B)(4), and 19.06.030(2)(B)(7) relating to Alcohol Beverage
Control "ABC" Licenses are amended as shown in Attachment 1 attached hereto and
18 SECTION 3. Chapter 19.06, Section 19.06.030(2)(F)(l), Section 19.06.030(2)(F)(2),
19 Section 19.06.030(2)(F)(5), Section 19.06.030(2)(F)(7), Section 19.06.030(2)(F)(8), and Section
20 19.06.030(2)(F)(16), Section 19.06.030(2)(F)(20) relating to Convenience Stores are amended as
21
22
23
shown in Attachment I attached hereto and incorporated herein by rcference.
SECTION 4. Severability. In the event that any provision of this Ordinance, or any part
thereof, or any application thereof to any person or circumstance, is for any reason held to be
24
25 unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
26 face or as applied, such holding shall not affect the validity or effectiveness uf dny of the
27 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
28 person or circumstance or of said provision as applied to any other person or circumstance. It is
1 hereby declared to be the legislative intent of the City that this Ordinance would have been
2
adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
2
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
2 CHAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.025(1)(F) AND (G),
AND (3), SECTION 19.06.030(2)(B)(I), (2), (3), (4), AND (7) AND SECTION
3 19.06.030(2)(F)(I), (2), (5), (7), (8), (16), AND (20) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO PROHIBITED USES,
4 ALCOHOLIC BEVERAGE CONTROL "ABC" LICENSES, AND CONVENIENCE
STORES.
5
6
7 Common Council of the City of San Bernardino at a
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
meeting thereof: held
,2009, by the following vote to wit:
ABST ATN
ABSENT
City Clerk
20
21
The foregoing ordinance is hereby approved this _day of
,2009.
22
23 Approved as to form:
24
JAMES F. PENMAN
25 City Attorney
26 By:
27 III
28
PATRICK J. MORRIS, Mayor
City of San Bernardino
3
A TT ACHMENT 1
19.06.025
COMMERCIAL DISTRICTS - 19.06
PROHIBITED USES MC 1233 10/2/06
1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino
Municipal Code, including the Development Code, no Conditional Use Permit,
Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification
Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for
the establishment of a new business, or the relocation of an existing business, in the City of
San Bernardino within the following categories of commercial uses:
A. Smoke Shops - Establishments that either exclusively or as a substantial portion
(+50%) of their floor area, sell cigarettes, cigars, pipes, bongs, tobacco, and related
paraphernalia.
B. Single-price overstock/discount store - Establishments that sell a broad range of
outlet, close-out, discontinued, liquidation, or overstock and general merchandise
primarily at a single discount price and/or in the low and very low price ranges
including, but not limited to, food stuffs, alcoholic beverages, apparel and
accessories, costume jewelry, notions and wares, housewares, fountain
refreshments, and toys.
C. Tattoo Parlors and/or Body Piercing Studios - Establishments that engage in any
method of placing permanent designs, letters, scrolls, figures, symbols, or any other
marks upon or under the skin with ink or any other substance, by the aid of needles
or any other instruments designed to touch or puncture the skin, resulting in either
the coloration of the skin, or the production of scars or scarring and/or
establishments that create an opening in the body of a person for the purpose of
inserting jewelry or other decoration. This category shall not include licensed
physicians, nurses, electrologists, and cosmetologists and shall also not include
jewelry stores that offer ear piercing.
D. Second Hand Stores/Thrift Stores - Establishments that sell used merchandise such
as clothing and shoes, household furniture, home furnishings and appliances, books
and magazines, office furniture, used musical instruments, used phonographs and
records, used fixtures and equipment, including re-sale shops, consignment shops,
and similar businesses. This category shall not include the following:
I. Stores owned or operated by existing entities recognized as non-profit by the
Secretary of State of the State of California, and in "good status" with the
same.
2. Antique Stores - An antique, for the purposes of this ordinance, shall be a
work of art, piece of furniture, decorative object, or the like, of or belonging
to the past, and at least 50 years old. This includes any premise used for the
sale or trade of articles of which 90% or more are over 50 years old or have
collectible value.
3. Existing, legally established indoor concession malls and outdoor swap
meets, unless otherwise prohibited.
II-59
ATTACHMENT 1
COMMERCIAL DISTRICTS - 19.06
E. Check-Cashing, Cash Advance, and Loan Facilities - Establisliments that engage, in
whole or in part, in the business of cashing checks, warrants, drafts, money orders,
or other commercial paper serving the same purpose, such facilities do not include a
state or federally chartered bank, savings and loan association, credit union, or
industrial loan company.
I. This category shall include any business licensed by the California
Commissioner of Corporations to make deferred deposit transactions
pursuant to California Financial Code Section 23000 et seq., sometimes
referred to as "payday advance," "cash advance," or "payday loan" services.
2. This category shall not include any ancillary check-cashing facility that is
located entirely within a major retailer over 15,000 square feet in size.
F. Pawn Shops - Businesses that loan money or other items of value to any person,
firm or corporation, upon any personal property, personal security or the purchasing
of personal property and reselling or agreeing to resell such articles at prices
previously agreed upon. This category shall not include any legally established
pawnshop in an unreinforced masonry building to be relocated to another building
within 50 feet of the current location.
G. Automotive Stereo Shops - Establishments less than 3,000 square feet that either
exclusively or as a substantial portion (+50%) of their floor area, sell and install
automotive stereos and accessories. This category shall not apply to the
establishment of a new Automotive Stereo shop in the Auto Center Plaza area.
H. Tire Stores - Establishments less than 5,000 square feet in size which sell new
and/or used automobile tires and accessories. This category shall not include legally
established service stations and auto repair facilities.
I. Self-service Laundry - Any commercial establishment providing the use of self-
service washing machines and dryers to the public, usually coin-operated.
J. Recycling Center - Small collection facilities which occupy an area of less than 500
square feet, and which accept by donation, redemption or purchase, recyclable
materials from the public.
K. Party Supply Stores - Establishments that either exclusively or as a substantial
portion of their floor area, sell or rent party supplies and equipment.
2. Section 19.06.025(1) shall not apply to any of the enumerated uses if established In a
shopping center or mall containing over 200,000 square feet of floor area and that have at
least one major commercial-anchor-tenant.
3. Section 19.06.025(1) shall not apply to any of the enumerated uses if that use is exclusively
established in single independent building exceeding 15,000 square feet in size or occupy a
15,000 square foot tenant space in a multi-tenant center.
11-60
COMMERCIAL DISTRICTS -19.06
19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
2. LAND USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.20 (Property
Development Standards), the following standards shall apply to specific commercial land
use districts. (See Table 06.03 on previous page.) For residential uses in commercial land
use districts, see Table 4.03 and the standards contained in Chapter 19.04.030(2).
B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE
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:
1. Establishments subject to an off-site "ABC" license (Type 20, off-sale
beer & wine and Type 21, off-sale general) 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; and shall not be located
in such close proximity to another similar use to cause oversaturation of
the neighborhood. The license application shall be reviewed by the Police
Department prior to City approval. MC 1041 2/1/99
2. Exceptions to the locational restrictions for Type 20 "ABC" off-sale
licenses may be considered on a case-by-case basis through the
Conditional Use Permit process and subject to a determination of Public
Convenience or Necessity by the Mayor and Common Council. Factors to
consider for potential exemptions from distance standards shall include
on-site security, walls or other barriers or buffers, circulation pattems,
operating hours or other operational characteristics that would mitigate the
potential negative impacts of the proposed alcoholic beverage sales.
Recommendations of the affected religious facility or school district shall
also be considered.
3. The maximum display area, including coolers, for convenience stores with
a Type 20 "ABC" license shall be 125 square feet.
4. Sales of single containers of alcoholic beverages less than 750 ml in size is
not permitted.
5. These locational criteria are not applicable to existing off-site "ABC"
licenses which are to be transferred to a new site within 75 feet of the
currently licensed facility. MC 10007/21/97
6. 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 Conditional Use Permit. MC 851 10/5/92
II-61
ATTACHMENT 1
COMMERCIAL DISTRICTS -19.06
7. The locational criteria are not applicable to specialty stores containing
15,000 square feet or more that sell alcoholic beverages (Type 20 and Type
21 "ABC" licenses) subject to a Conditional Use Permit.
8. An existing, legal, nonconforming convenience store with a current "ABC"
license for beer and wine in a CN District, which is within 100 feet of
property designated for residential use, or used for residential purposes, may
upgrade to liquor sales subject to approval of a Conditional Use Permit
provided that the establishment is within 100 feet of a similar use not in the
City. MC 91411/7/94
9. 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.) MC 845 7/20/92
*******************************************************************************
F. CONVENIENCE STORES
The retail sale of groceries, staples, sundry items and/or alcoholic beverages
where the gross floor area is less than 5,000 square feet is subject to Conditional
Use Permit review, and shall be constructed and operated in the following
manner:
1. The mlmmum site area shall be 20,000 square feet for a stand-alone
convenience store.
2. A convenience store may be located in a multi-tenant center containing
10,000 or more square feet of building floor area.
3. The site shall have direct frontage along a major or secondary street. The
site shall not have direct access on a local residential street.
4. One access drive may be permitted for each street frontage. The design and
location of the access drive(s) shall be subject to the approval ofthe DRe.
5. 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 I 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. Exceptions to the 1,000 foot distance from schools
may be considered on a case by case basis through the Conditional Use
11-62
A TT ACHMENT 1
COMMERCIAL DISTRICTS - 19.06
Permit process, considering mitigating factors of circulation patterns,
security and management plans and subject to recommendations from the
affected school district. Exceptions to the 1,000 foot distance from another
convenience store may be considered through the Conditional Use Permit
process subject to demonstration by the applicant of a sufficient demand
for a new convenience store at the proposed location, as well as a superior
design that will enhance the neighborhood to be served by the proposed
convenience store. Design excellence may be demonstrated by
architectural or landscape enhancements or customer amenities that would
enhance the neighborhood. MC 963 3/18/96, MC 1210 7/5/06
6. All on-site lighting shall be energy efficient, stationary and directed away
from adjoining properties and public rights-of-way.
7. Security cameras with a DVR system shall be installed according to
recommendations ofthe Police Department.
8. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign
Standards). In addition, all signage shall be designed and installed by
qualified professionals to conform to Chapter G19.22 (Design Guidelines).
The design of permanent signs shall be included in the Conditional Use
Permit application submitted for approval by the Planning Commission.
9. All landscaping shall be installed and permanently maintained pursuant to
the provisions of Chapter 19.28 (Landscaping Standards).
10. All on-site parking shall comply with the provisions of Chapter 19.24 (Off-
Street Parking Standards). A parking plan shall be developed as part of the
permit review process.
II. The premises shall be kept in a neat and orderly condition at all times.
12. Every parcel with a structure shall have a trash receptacle on the premises.
The trash receptacle shall comply with adopted Public Works Department
standards and be of sufficient size to accommodate the trash generated. The
receptacle(s) shall be screened from public view on at least 3 sides by a solid
wall 6 feet in height and on the fourth side by a solid gate not less than 5 feet
in height. The gate shall be maintained in working order and shall remain
closed except when in use. The wall and gate shall be architecturally
compatible with the surrounding structures.
13. If on-site dispensing of automotive fuels is provided, the design, location
and operation of these facilities shall be consistent with the provisions of
Section 19.06.030(2}(0)(Service Station Standards). Additionally, the
cashier location shall provide direct visual access to the pump islands and
the vehicles parked adjacent to the islands.
11-63
COMMERCIAL DISTRICTS - 19.06
14. A bicycle rack shall be installed in a convenient location visible from the
inside of the store.
15. Each convenience store shall provide a public restroom located within the
store.
16. Public pay telephones provided on-site shall be inside the store and not be set
up for incoming calls. Public telephones shall be featured with call out
service only.
17. On-site video games shall not be installed or operated on the premises.
18. A convenience store adjacent to any residentially designated district shall
have a 6 foot high decorative masonry wall along property lines adjacent to
such districts.
19. All parking, loading, circulation aisles, and pump island bay areas shall be
constructed with (pee) concrete.
20. Vending machines shall not be permitted on the outside of the convenience
store.
11-64
RiYETRS10E Newsroom
Alcohol Outlet Density Linked to Gang Violence
UC Riverside researchers suggest that enforcing laws banning the sale of liquor to
underage drinkers may reduce violent youth crime.
(December 13, 2007)
RIVERSIDE, Calif. Gang violence that plagues
communities throughout the United States may be reduced
by enforcing laws that ban the sale of alcohol to underage
drinkers, according to researchers at the University of
California, Riverside.
Sociologist Robert Nash Parker, co-director ofUCR's
Presley Center for Crime and ,Justice Studies, and sociology
graduate students Kate Luther and Lisa Murphy found a
link between high rates of gang violence and high densities
of alcohol outlets in a study that grew out of a 12-year gang-
intervention project in Riverside, a city of more than
290,000 in Inland Southern California. Murphy is now an
assistant professor of criminal justice at California State
University Long Beach.
Robert Nash Parker
The results of their study appear in a paper, "Availability, Gang Violence, and Alcohol
Policy: Gaining Support for Alcohol Regulation via Harm Reduction Strategies," published
in the Fall issue of the quarterly journal Contemporary Drug Problems, published by
Federal Legal Publications.
Using gang violence data provided by the Riverside Police Department for the period
2000-2002, the UCR researchers geocoded the incidents and linked them to a map of
census block groups in Riverside for 2000. On a separate map they geocoded locations of
liquor licenses in the city.
Parker examined dozens of gang ethnographies - accounts of gang behavior gathered by
other researchers - from all over the world and found that alcohol plays a major role in
gang activities.
"Gang members always describe the role that alcohol plays," said Parker, who has studied
the relationship between alcohol and youth violence for more than two decades. "They
'sip' 40-ouncers, they party, they get their courage up. These for the most part are
underage drinkers. If alcohol use is a central part of their activity, reducing it might
reduce the rate of violent activity. It may be that if we interrupt the supply we will reduce
the ability to get pumped up for a fight and reduce gang violence."
Data the researchers mapped showed that Riverside's Eastside community has both the
higliest rate of gang violence and the highest density of alcohol outlets in the city. The
'relationship between gang violence and alcohol outlets held true in other neighborhoods
as well.
"(T)he findings suggest that alcohol outlet density is directly related to gang related
violence, suggesting that a way to enhance gang prevention and intervention efforts would
be to use alcohol policy levers to limit outlet density," the researchers wrote.
The gang problem is seen as intractable, Parker said. "What if we could get at gang
violence by manipulating alcohol policy? Alcohol policy is something gang researchers
haven't thought about."
The study suggests that communities should step up efforts to enforce laws prohibiting
the sale of alcohol to underage customers.
States where alcohol is sold only at state-run liquor stores have lower rates of gang
violence, Parker noted.
"In any community it is well-known that there are places that won't check identification,"
he said. "Previous studies show that underage drinkers have a 65 percent success rate in
buying alcohol without any challenge."
Within three months of a police sting operation to catch sales of alcohol to underage
drinkers the success rate typically drops to about 20 percent, Parker said.
On-going research may show a link between police stings and reduced gang violence, he
said.
"If we can demonstrate a link, it would reduce youth violence for next to nothing,
compared to the millions spent on prisons and gang-intervention programs," Parker said.
Related Links:
. Presley Center for Crime and Justice Studies
Additional Contacts:
. Robert Nash Parker, 951-827-3542
The University of California, Riverside is a doctoral research university, a living laboratory for
groundbreaking exploration of issues critical to Inland Southern California, the state and
communities around the world. Reflecting California's diverse culture, UCR's enrollment of
about 17,000 is projected to grow to 21,000 students by 2010. The campus is planning a medical
school and already has reached the heart of the Coachella Valley by way of the UCR Palm Desert
Graduate Center. With an annual statewide economic impact of nearly $1 billion, UCR is
actively shaping the region'sfuture. To learn more, visit http://ww,,,.ucr.edu/ or call (951) UCR-
NEWS.
News Media Contact:
Name: Bettye Miller
Phone: 951.827.7847
Email: bettye.miller@ucr.edu
Produced by the Office of Strategic Communications.
Copyright @ 2007, Regents of the University of California
RESEARCH
SUM MAR Y I Institute for Public Strategies
Evaluating the Impact of Outlet Density on Crime
While much of the crime data police collect may not appear to be related to alcohol
consumption, much less the density of alcohol outlets, the research tells a different
story. As demonstrated in the studies below, crimes such as domestic violence, assault,
burglary, grand theft and others are linked to the availability of alcohol in a community. It would
therefore be a mistake to minimize the relevance of such data when making decisions about
whether to permit additional alcohol outlets in a neighborhood.
Violence and Crime
The relationship between alcohol outlet density and violent
crime has been well documented. Communities with 100 or
more alcohol outlets and a population of 50,000 or more can
expect an annual increase of2.5 violent crimes each year for
every alcohol outlet added in the area.\Criminologists
studying the distribution of violent crimes have found on-
site alcohol outlets such as bars and restaurants were among
the "hottest" of the "hotspots" for such incidents, II In one
large U.S. city. researchers found city blocks with bars had
higher rates of assaults, robberies and rapes than other
blocks, even after the analysis accounted for the effects of
unemployment and poverty.HI
Researchers also found these so-called "wetter"
neighborhoods have higher levels of public drunkenness
and disturbing the peace violationsi along with calls for
police services.h' Further support for the causal relationship
comes from research showing violence and other problems
decrease when alcohol availability goes down.v.v;.vll.vl;;
Increased homicide rates also are prevalent in regions with
high densities of off.site alcohol outlets such as liquor
stores.vl. ix One study of urban neighborhoods in New
Orleans found a 10 percent higher outlet density was
associated with a 2.4 percent higher homicide rate.
According to the researcher. this was true even after
considering other factors such as the percentage of
unemployed, black, young male residents and the number
of households headed by unmarried people.;'
Domestic Violence and Sexual
Assault
New findings suggest domestic violence and sexual assault
in a neighborhood may rise as the number of liquor licenses
in the area increases. Even after accounting for
socioeconomic factors that could influence domestic
violence. a study in Maryland showed that a doubling of the
density of liquor stores was associated with a nine percent
increase in the rate of reported domestic violence. \Nhile
alcohol is certainly not the only factor in domestic violence
and sexual assault. researchers concluded that reducing the
incidence of domestic violence in certain areas may be as
simple as spreading out the stores that are allowed to sell
alcohol.x
Several studies of college students also found a correlation
between alcohol use and sexual assault. Specifically, the
studies showed an increased likelihood of victimization
among drinking and intoxicated women. xl In a study of 52
women bar drinkers. 85 percent ofthe women reported
some form of nonsexual physical aggression. Thirty-three
percent reported an attempted or completed rape occurred
after drinking in a bar. xii The risk of nonsexual victimization
was not greater for women who went to bars frequently, but
the risk of sexual victimization increased.
Alcohol-related collisions
The most frequently reported consequences of high outlet
density are alcohol.related collisions. According to a study of
72 cities in California. for everyone percent increase in
outlet density there was a .54 percent increase in alcohol-
related crashes. Thus, if a city of 50,000 had 100 alcohol
outlets, the residents would experience an additional 2.7
crashes for each new bar or liquor store.i Some studies
indicate the rate of crashes can be reduced by responsible
beverage service training programs. but the level of risk still
is high when outlet density exceeds the acceptable levels of
saturation. xiii
This is of special concern in cities such as El Cajon and La
Mesa. the two most populous cities in the East County
region, where there is high outlet density and most of the
alcohol outlets are located along major roads and highways.
The presence of so many bars and restaurants, closely
packed together near major intersections, tends to increase
the chances of alcohol-related traffic crashes. According to
data from the California Office of Traffic Safety (OTS) many
of these incidents take place at night, as bars are closing and
highways become crowded with patrons who have been
drinking."I. This is confirmed by the Place of Last Drink
survey data, which indicates about half of drunken drivers in
San Diego County are coming from bars and restaurants."
www.publicstrategies.org/
(909) 266-1660
Underage Drinking
A study of three cities in Northern California showed
communities with high outlet density have significantly
higher levels of underage drinking as well as gang-related
behavior, drug sales and sexual promiscuity among youth.
According to the authors, if alcohol outlets define the
physical and social environment for youth, then they are
more likely to engage in such activities.
A strong correlation was established between the age of a
young person's first drink and a variety of personal and
social problems. These include getling involved in fights,
suffering personal injury, unprotected sexual activity and
drinking problems later in life."'"'' It can be especially
problematic when young people grow up in an environment
with alcohol advertisements on every street corner.
Economic Decline
According to city planning departments, the most common
complaints regarding alcohol outlets are related to noise,
traffic or loitering. These problems may seem minor, but
over time they change the character of a neighborhood. As a
Scribner, R.A., MacKinnon, D.P. & Dwyer, J.H. (1995). The
risk of assaultive violence and alcohol availability in Los
Angeles County. American Journal of Public Health,
(85) 3, 335-340.
" Sherman, L.W., Gartin, P.R., & Buerger, M.E. (1989). Hot
spots of predatory crime: Routine activities and the
criminology of place. Criminology, 27 (1).27-55.
III Roncek, D.W. & Maier, P.A. (1991). Bars, blocks, and
crimes revisited: linking the theory of routine activities to
the empiricism of "hotspots." Criminology, (29)4.725-753.
IV Calhoun. S.. & Coleman, V. (1989). Alcohol availability
and alcohol related problems in Santa Clara County. San
Jose. California: County of Santa Clara Health
Department. Bureau of Alcohol Services.
Chiu, A.Y.. Perez, P.E. & Parker, R.N. (1997). Impact of
banning alcohol on outpatient visits in Barrow. Alaska.
Journal of the American Medical Association. 278 (21) ,
1775-1777.
VI Gorman, D.M.. Labouvie. E.W" Speer, P.W.. & Subaiya.
A.P. (1998). Alcohol availability and domestic violence.
American Journal of Alcohol Abuse, 24 (4),661.673.
VII Alaniz. M.L.. & Parker, R.N. (1998), Alcohol outlet density
and Mexican American youth violence. Berkeley CA:
Prevention Research Center.
'Ill Parker. R.N., & Rebhun, L.A..(1995). Alcohol and
homicide: A deadly combination of two American
traditions. Albany. NY: State University of New York Press.
" Scribner. R.A.. Cohen. D.. Kaplan. S.. & Allen, S.H. (1999).
Alcohol availability and homicide in New Orleans:
Conceptual considerations for small area analysis of the
effect of alcohol outlet density. Journal of Studies on
Aicohol. 60. 310.316.
Fewer liquor stores. less violence (2003). Prevention File.
18(1) 2
~-'-lIw:;,'d ,i,'.
)::" !j'. n::;;':':'.'!1.' D,-';i~,ru"....'nl uf S~'!i:'
~:.. LL" ,
result. those who regularly visit may change their routines,
and even those living nearby may start to avoid the area.x"IU
This phenomenon is consistent with research showing over.
concentration of alcohol outlets often is part of a
neighborhood's broad economic and social disintegration.
When an area becomes oversaturated with bars and liquor stores, it
looses its economic base as well as its diversi~y and becomes Jess
attractive to residents and potential retail customers. xix Accordingly,
a proliferation of alcohol outlets can be considered a
symptom of economic decline and a factor that worsens such
decline.
Conclusion
In light of this research, appeals by community organizations
and residents to limit and/ or decrease the number of
alcohol outlets in their neighborhoods should not be
construed as anti-business. To the contrary. crime and over
concentration are barriers to attracting new businesses and
commercial enterprises that can promote economic
revitalization and development. Any new license
applications in oversaturated areas should be considered
with caution."il..\x
Xl Abbey, A., McAuslan, P., & Ross, L.T. (1998). Sexual assault
perpetration by college men: The role of alcohol.
misperception of sexual intent, and sexual beliefs and
experiences. journal of Social and Clinical Psychology,
17(2),167-195.
Xl! Parks, K, & Miller, B.A. (1997). Bar victimization of
women. Psychology of Women Quarterly. 21 (4),509-525.
XIII Holder, H.D., & Wagenaar, A.C. (1994). Mandated server
training and reduced alcohol.involvement traffic crashes:
A time series analysis of the Oregon experience. Accident
Analysis and Prevention, (26) 1. 89-97.
XIV Data for California cities are available on the Office of
Traffic Safety website: http://www.ots.ca.gov/cgi-bin/
rankings. pI
xv Place of Last Drink data is available on the East County
Community Change Project website: http:! I
www.publicstrategies.org/east/index.htm
XV! Grant. B.P.. and Dawson. D.A. (1997). Age of onset of
alcohol use and its association with DSM-IV alcohol abuse
and dependence: Results from the National Longitudinal
Alcohol Epidemiologic survey. Journal of Substance
Abuse. 9.103.110.
X\'1I Hingson, R.W.. Heeren, T.. Winter. M.R., & Wechsler, H.
(2003). Early age of first drunkenness as a factor in college
students' unplanned and unprotected sex attributable to
drinking. Pediatrics. 1 i 1 (11),34.
X\f111Roncek & Maier (1991). U.S. Department of Health and
Human Services: Pub. No. (SMA). 99.3298.
XIX Maxwell. A. & Immergluck, D. (997). Liquorlining: liquor
store concentration and community development in
lower-income Cook Coum\' (lL) neighborhoods. Chicago
IL: Woodstock Instiwte
X\ Alaniz. ivl.L.. CartmilL R.S., & ParkeL R.N. (1998).
Immigrants and violence: The importance of
neighborhood context. Hispanic Journal of Behavioral
Sciences. 20 (2) 155- ] 74
,")1'::'
iL'C' ,"i !';'~" '_'j) 1'.},; ,\,: LiU',"
;1, ,~'; . ,-'Ii(!~'n
AJPH First Look, published online ahead of print Dec 4, 2008
American Journal of Public Health, 10.2105/ AJPH.2007 .122077
Alcohol Environments and Disparities in Exposure
Associated with Adolescent Drinking in California
I' 2
Khoa Dang Truong Roland Sturm
] The Pardee RAND Graduate School
2 RAND Corporation
~. Abstract
Objectives. We investigated sociodemographic disparities in alcohol environments and
their relationship with adolescent drinking.
Methods. We geocoded and mapped alcohol license data with ArcMap to construct
circular buffers centered at 14595 households with children that participated in the
CalifomiaHealth Interview Survey. We calculated commercial sources of alcohol in each
buffer. Multivariate logistic regression differentiated the effects of alcohol sales on
adolescents' drinking from their individual, family, and neighborhood characteristics.
Results. Alcohol availability, measured by mean and median number oflicenses, was
significantly higher around residences of minority and lower-income families. Binge
drinking and driving after drinking among adolescents aged 12 to 17 years were
significantly associated with the presence of alcohol retailers within 0.5 miles of home.
Simulation of changes in the alcohol environment showed that if alcohol sales were
reduced from the mean number of alcohol outlets around the lowest-income quartile of
households to that of the highest quartile, prevalence of binge drinking would fall from
6.4% to 5.6% and driving after drinking from 7.9% to 5.9%.
Conclusions. Alcohol outlets are concentrated in disadvantaged neighborhoods and can
contribute to adolescent drinking.
. To whom correspondence should be addressed. E-mail: tdkhoa9@yahoo.com .
.
COMMl. _.::IAL DISTRICTS - 19.06
19.06.025
PROHffiITED USES MC 1233 10/2/06
.
I.
Notwithstanding any conflicting provision(s) in any other section of the San Bernardino
Municipal Code, including the Development Code, no Conditional Use Permit,
Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification
Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for
the establishment of a new business, or the relocation of an existing business, in the City of
San Bernardino within the following categories of commercial uses:
A. Smoke Shops - Establishments that either exclusively or as a substantial portion
(+50%) of their floor area, sell cigarettes, cigars, pipes, bongs, tobacco, and
related paraphernalia.
B. Single-price overstock/discount store - Establishments that sell a broad range of
outlet, close-out, discontinued, liquidation, or overstock and general merchandise
primarily at a single discount price and/or in the low and very low price ranges
including, but not limited to, food stuffs, alcoholic beverages, apparel and
accessories, costume jewelry, notions and wares, housewares, fountain
refreshments, and toys.
C.
Tattoo Parlors and/or Body Piercing Studios - Establishments that engage in any
method of placing permanent designs, letters, scrolls, figures, symbols, or any
other marks upon or under the skin with ink or any other substance, by the aid of
needles or any other instruments designed to touch or puncture the skin, resulting
in either the coloration of the skin, or the production of scars or scarring and/or
establishments that create an opening in the body of a person for the purpose of
inserting jewelry or other decoration. This category shall not include licensed
physicians, nurses, electrologists, and cosmetologists and shall also not include
jewelry stores that offer ear piercing.
...
..
D. Second Hand Stores/Thrift Stores - Establishments that sell used merchandise such
as clothing and shoes, household furniture, home furnishings and appliances, books
and magazines, office furniture, used musical instruments, used phonographs and
records, used fixtures and equipment, including re-sale shops, consignment shops,
and similar businesses. This category shall not include the following:
I. Stores owned or operated by existing entities recognized as non-profit by
the Secretary of State of the State of California, and in "good status" with
the same.
2. Antique Stores - An antique, for the purposes of this ordinance, shall be a
work of art, piece of furniture, decorative object, or the like, of or
belonging to the past, and at least 50 years old. This includes any premise
used for the sale or trade of articles of which 90 % or more are over 50
years old or have collectible value.
(8
3.
Existing, legally established indoor concession malls and outdoor swap
meets, unless otherwise prohibited.
II-59
.
.
.
I~I
COMM!:..<CIAL DISTRICTS -19.06
E.
Check-Cashing, Cash Advance, and Loan Facilities - Establishments that engage,
in whole or in part, in the business of cashing checks, warrants, drafts, money
orders, or other commercial paper serving the same purpose, such facilities do not
include a state or federally chartered bank, savings and loan association, credit
union, or industrial loan company.
I. This category shall include any business licensed by the California
Commissioner of Corporations to make deferred deposit transactions
pursuant to California Financial Code Section 23000 et seq., sometimes
referred to as "payday advance," "cash advance," or "payday loan"
services.
2. This category shall not include any ancillary check -cashing facility that is
located entirely within a major retailer over 15,000 square feet in size.
r'lr:l' "t1i~'ll": 5){('v'~' (if lo'';'Uttd "'ithin a on~ milt- r:ldi'y "r :tll"II1C'r ""rJ'\:'lli 'IlL'-'
:'[')r~) lll~ n:nil f:lh: l'f gnl''':w#ri''~f, tT\phtf. fTIl.;1'tr> if&:mr. 'IllQ'Uf 'd"oh"li"
~"~\I'-'l"Ig"f u,h\:'n: rh.... gr"ff nl~"r 'If'.:'tl iR Ii'Rf tR'Ul ) f!on "411'I1"" f..,t Thir '''H...t.;'H"~
':11'111 r:'1[ illt;lldQ'!; 'm:' "'~n""~i'''R'':': nnrii' lo,"Itb:'U (lr;} [11", ~"lln' r'lf"") \I'itR 't ~"T"I'"
'{'nion (g'I~"line ~.t:lthn}.
F.
Pawn Shops - Businesses that loan money or other items of value to any person,
firm or corporation, upon any personal property, personal security or the
purchasing of personal property and reselling or agreeing to resell such articles at
prices previously agreed upon. This category shall not include any legally
established pawnshop in an unreinforced masonry building to be relocated to
another building within 50 feet of the current location.
G. Automotive Stereo Shops - Establishments less than 3,000 square feet that either
exclusively or as a substantial portion (+ 50%) of their floor area, sell and install
automotive stereos and accessories. This category shall not apply to the
establishment of a new Automotive Stereo shop in the Auto Center Plaza.
H. Tire Stores - Establishments less than 5,000 square feet in size which sell new
and/or used automobile tires and accessories. This category shall not include
legally established service stations and auto repair facilities.
1. Self-service Laundry - Any commercial establishment providing the use of self-
service washing machines and dryers to the public, usually coin-operated.
J. Recycling Center - Small collection facilities which occupy an area of less than
500 square feet, and which accept by donation, redemption or purchase, recyclable
materials from the public.
K.
Party Supply Stores - Establishments that either exclusively or as a substantial
portion of their floor area, sell or rent party supplies and equipment.
11-60
COMML.CIAL DISTRICTS - 19.06
2.
Section 19.06.025(1) shall not apply to any of the enumerated uses if established in a
shopping center or mall containing over 200,000 square feet of floor area and that have at
least one major commercial-anchor-tenant.
.
3. Section 19.06.025(1) shall not apply to any of the enumerated uses if that use is
exclusively established in single independent building exceeding ;,0 ..JlJW 15,000 square feet
in size or occupy a 15,000 square foot tenant space in a multi-tenant center.
19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
1. GENERAL STANDARDS
A. The following standards are minimum unless stated as maximum. See Table
06.02.
B. COMMERCIAL LAND USE DISTRICT STANDARDS
The following standards shall apply to development in all commercial districts,
except as otherwise provided for in this Development Code:
1.
All indoor uses shall be conducted within a completely enclosed structure.
Limited outside uses (e.g. patio dining areas and nursery sales limited to
plants and trees) or permanent outdoor sales and display areas, for major
tenants (15,000 sq. ft. or greater) shall be approved with a Development
Permit. Temporary outdoor sales and displays are permined pursuant to
Chapter 5.22 of the Municipal Code. Me 972 7/4/96
.
2. There shall be no visible storage of motor vehicles (except display areas for
sale or rent of motor vehicles), trailers, airplanes, boats, recreational
vehicles, or their composite parts; loose rubbish, garbage, junk, or their
receptacles; tents; equipment; or building materials in any portion of a lot.
No storage shall occur on any vacant parcel. Building materials for use on
the same premises may be stored on the parcel during the time that a valid
building permit is in effect for construction.
3. Every parcel with a structure shall have a trash receptacle on the premises.
The trash receptacle shall comply with adopted Public Works Department
standards and be of sufficient size to accommodate the trash generated.
The receptacle(s) shall be screened from public view on at least 3 sides by a
solid wall 6 feet in height and on the fourth side by a solid gate not less
than 5 feet in height. The gate shall be maintained in working order and
shall remain closed except when in use. The wall and gate shall be
architecturally compatible with the surrounding structures.
4.
All roof-mounted air conditioning or heating equipment, vents or ducts
shall not be visible from any abuning lot, or any public street or right-ot~
way. This shall be accomplished through the extension of the main
.
II-61
.
.
(.
COMM... .CIAL DISTRICTS - 19.06
structure or roof or screened in a manner which is architecturally integrated
with the main structure(s).
5.
Elevations of all structures shall be architecturally treated to ensure
compatibility with high quality neighboring structures.
6.
An intensity bonus of up to 12 square feet for each I square foot of
permanent space for properly designed and administered day care facilities
may be approved by the review authority.
...............................................................................
2. LAND USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.20 (Property
Development Standards), the following standards shall apply to specific commercial land
use districts. (See Table 06.03 on previous page.) For residential uses in commercial land
use districts, see Table 4.03 and the standards contained in Chapter 19.04.030(2).
******************************************************************************
B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE
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:
1. Establishments subject to an off-site "ABC" license (Type 20, off-sale
beer & wine and Type 21, off-sale general) 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; and shall
not be located in such close proximity to another similar use to cause
oversaturation of the neighborhood. The license application shall be
reviewed by the Police Department prior to City approval. MC 1041
2/1/99
2.
Exceptions to the locational restnctlons for Type 20 "ABC" off-sale
licenses may be considered on a case-by-case basis through the
Conditional Use Permit process and subject to a determination of Public
Convenience or Necessity by the Mayor and Common Council. Factors
11-62
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COMML.CIAL DISTRICTS - 19.06
to consider for potential exemptions from distance standards shall
include on-site security, walls or other barriers or buffers, circulation
patterns, operating hours or other operational characteristics that would
mitigate the potential negative impacts of the proposed alcoholic
beverage sales. Recommendations of the affected religious institution,
residential neighborhood, or school district shall also be considered.
3. The maximum display area, including coolers, for convenience stores
with a Type 20 "ABC" license shall be 125 square feet.
4. Sales of single bottles of alcoholic beverages less than 750 ml in size is
not permitted.
5. These locational criteria are not applicable to eXlstmg off-site "ABC"
licenses which are to be transferred to a new site within 75 feet of the
currently licensed facility. MC 1000 7/21/97
6. 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 Conditional Use Permit. MC 851 10/5/92
7.
The locational criteria are not applicable to specialty stores contammg
15,000 square feet or more that sell alcoholic beverages (Type 20 and Type
21 "ABC" licenses) subject to a Conditional Use Permit.
8. An existing, legal, nonconforming convenience store with a current "ABC"
license for beer and wine in a CN District, which is within 100 feet of
property designated for residential use, or used for residential purposes,
may upgrade to liquor sales subject to approval of a Conditional Use Permit
provided that the establishment is within 100 feet of a similar use not in the
City. MC 914 11/7/94
9. 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.) MC 845 7/20/92
*******************************************************************************
F.
CONVENIENCE STORES
The retail sale of groceries, staples, sundry items and/or alcoholic beverages
where the gross floor area is less than 5.000 square feet is subject to Conditional
11-63
CO~_.CIAL DISTRICTS - 19.06
.
.
7.
8.
~.
Use Permit review, and shall be constructed and operated in the following
manner:
1. The minimum site area shall be Ill.i\llll 20,000 square feet for a stand-alone
convenience store.
2. The minimum size of a stand-alone convenience store or a convenience
store located in a multi-tenant center shall be 2,000 square feet.
3. A convenience store may be located in a multi-tenant center containing
10,000 or more square feet of building floor area.
3. The site shall have direct frontage along a major or secondary street. The
site shall not have direct access on a local residential street.
4. One access drive may be permitted for each street frontage. The design
and location of the access drive(s) shall be subject to the approval of the
DRC.
5.
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. Exceptions to the 1,000 foot distance
from schools may be considered on a case by case basis through the
Conditional Use Permit process, considering mitigating factors of
circulation patterns, security and management plans and subject to
recommendations from the affected school district. Exceptions to the
1,000 foot distance from another convenience store may be considered
through the Conditional Use Permit process subject to demonstration by
the applicant of a sufficient demand for a new convenience store at the
proposed location, as well as a superior design that will enhance the
neighborhood to be served by the proposed convenience store. Design
excellence may be demonstrated by architectural or landscape
enhancements or customer amenities that would enhance the
neighborhood. MC 963 3/18/96, MC 1210 7/5/06
6.
All on-site lighting shall be energy efficient, stationary and directed away J
from adjoining properties and public rights-of-way. '^ v.1 ~1 c
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Security cameras with a DVR system shall be installed according to
recommendations of the Police Department.
All on-site signage shall comply with the provisions of Chapter 19.22 (Sign
Standards). In addition, all signage shall be designed and installed by
Qualified professionals to conform to Chapter G19.22 (Design Guidelines).
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CO~_.CIAL DISTRICTS - 19.06
The design of permanent signs shall be included in the Conditional Use
Permit application submitted for approval by the Planning Commission.
9.
All landscaping shall be installed and permanently maintained pursuant to
the provisions of Chapter 19.28 (Landscaping Standards).
10.
All on-site parking shall comply with the provisions of Chapter 19.24 (Off-
Street Parking Standards). A parking plan shall be developed as part of the
permit review process.
11.
The premises shall be kept in a neat and orderly condition at all times.
12.
Every parcel with a structure shall have a trash receptacle on the premises.
The trash receptacle shall comply with adopted Public Works Department
standards and be of sufficient size to accommodate the trash generated. The
receptacle(s) shall be screened from public view on at least 3 sides by a
solid wall 6 feet in height and on the fourth side by a solid gate not less
than 5 feet in height. The gate shall be maintained in working order and
shall remain closed except when in use. The wall and gate shall be
architecturally compatible with the surrounding structures.
13.
If on-site dispensing of automotive fuels is provided. the design, location
and operation of these facilities shall be consistent with the provisions of
Section 19.06.030(2)(O)(Service Station Standards). Additionally, the
cashier location shall provide direct visual access to the pump islands and
the vehicles parked adjacent to the islands.
14. A bicycle rack shall be installed in a convenient location visible from the
inside of the store.
15. Each convenience store shall provide a public restroom located within the
store.
16. Public pay telephones provided on-site shall be inside the store and not be
set up for incoming calls. Public telephones shall be featured with call out
service only.
17. On-site video games shall not be installed or operated on the premises.
18. A convenience store adjacent to any residentially designated district shall
have a 6 foot high decorative masonry wall along property lines adjacent to
such districts.
19. All parking, loading, circulation aisles, and pump island bay areas shall be
constructed with (PCC) concrete.
20.
,
Vending machines shall not be permitted on the outside of the convenience
store.
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