Loading...
HomeMy WebLinkAbout30-Development Services I"'"'.~ :-....-,- \ \' I t ~ :--( ,j I \ \, CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Initiation of a Dcvclopment Code Amendment related to Convenience Stores and Off-Salc Alcoholic Beverage Licenses. Dept: Development Services Date: September 17,2008 MCC Date: October 6, 2008 Synopsis of Previous Council Action: September 16,2008. The Legislative Review Committee recommended that the Development Code be revised. October 16, 2006. The Mayor and Common Council adopted MC-1236, an ordinance that permanently prohibited certain designated businesses. October 4, 2004. The Mayor and Common Council adopted Ordinance No. MC-1188, an urgency ordinance that established a moratorium on certain designated businesses. Recommended Motion: That Planning staff be directed to initiate an amendment to the Development Code to modify the provisions to allow consideration of convenience stores and ancillary sales of alcoholic beverages. ~u.f~ Valerie C. Ross Contact person: Valerie C. Ross Phone: 5357 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: $5,000 Source: (Acc!. No.) 001-190-5121 Acct. Description: Finance: Council Notes: Agenda Item No. 30 I f),f#..()t CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Initiation ofa Development Code Amendment related to Convenience Stores and Off-Sale Alcoholic Beverage Licenses. Background: The Mayor and Common Council adopted Ordinance No. MC-1l88 on October 4, 2004. This was an urgency ordinance that established a moratorium on certain designated businesscs. On October 16, 2006, the Mayor and Common Council adopted MC-1236, an ordinance that permanently prohibited the establishment of certain new businesses in the City. Recently, concerns were raised by some of the council members that the City may wish to re-consider the pernlanent prohibitions established through MC-1236. At their meeting of June 17,2008, the Legislative Review Committee discussed the prohibitcd uses and asked staff to prepare recommendations to consider allowing certain prohibited uses in certain situations and/or at certain locations. The Legislative Review Committee discussed revisions related to single-price overstock/discount stores on July 22nd and August 5tb At their meeting of August 19th, the committee referred those recommendations to the Mayor and Common Council with a recommendation that staff prepare an amendment to the Development Code. Stall also prepared options for consideration related to convenience stores with ancillary sales of alcoholic beverages. The Legislative Review Committee discussed these options at their meetings of August 19t\ September 3rd, and September 16th. At the latter meeting, the committee referred those recommendations to the Mayor and Common Council with a recommendation that staff prepare an amendment to the Development Code. Please refer to the memorandums to the Legislative Review Committee for additional information. Financial Impact: Staff estimates that it will cost approximately $5,000 to process the amendment to thc Development Code. This includes advertising and mailing costs, not staff time. However, staff proposes to combine this amendment with the amendment related to single-price overstock/discount stores to reduce advertising and mailing costs. Recommendation: That the Mayor and Common Council direct Planning staff to prepare an amendment to the Development Code to modify the provisions to allow consideration of conveniencc stores and ancillary sales of alcoholic beverages. Attachments: Memorandum dated September 3, 2008 to the Legislative Review Committee 2 ", - . I','~' , ~- CITY OF SAN BERNARDINO Development Services Department Interoffice Memorandum 08('-') -c ~. ,-,--. -' ~ ~ ~ ~: ';.j TO: Legislative Review Committee FROM: Valerie C. Ross, Director SUBJECT: Moratorium on Certain Designated Businesses DATE: September 3,2008 COPIES: Fred Wilson, City Manager Background At the July 22, 2008 Legislative Review Committee meeting, the Committee reviewed several options for modifications to Section 19.06.025 of the Development Code to establish provisions for allowing consideration of some of the prohibited businesses. Staff returned to the Committee on August 5, 2008 with recommendations related to single-price overstock/discount stores. At the August 19, 2008 meeting, the Committee concurred with, and forwarded those recommendations to the Mayor and Common Council and requested that staff prepare recommendations for allowing consideration of convenience stores. The following are the key provisions in the Development Code related to convenience stores and ABC licenses. All requests to establish convenience stores in the past several years (prior to adoption ofMC1233) included requests for sale of alcohol for off-site consumption. 19.06.025(1 ) Prohibited Uses F. Convenience Stores (iflocated within a one mile radius or another convenience store) _ The retail sale of groceries, staples, sundry items, and/or alcoholic beverages where the gross floor area is less than 5,000 square feet. This category shall not include any convenience store located on the same parcel with a service station (gasoline station). 19.06.030(2)(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: I. The minimum site area shall be 10,000 square feet. 2. The site shall have direct frontage along a major or secondary street. The site shall not have direct access on a local residential street. I . LRC Convenience Stores September 3, 2008 Page 2 of3 4. No convenience store shall be located less than 1,000 feet from an existing or previously approved convenience store, or an existing elementary, junior high school, or high school, as measuredJrom 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. 19.06.030(2)(B) Alcoholic Beverage Control "ABC" License I. 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; 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. Discussion 7-Eleven, Inc. has asked that the City to remove the locational criteria to allow consideration of convenience stores through the Conditional Use Pennit process. 7-Eleven has indicated interest in a site at Mountain View A venue and Coulston Street and at Highland A venue and Palm A venue. The Mountain View/Coulston site is adjacent to a service station/convenience store with off-site sales of beer and wine, abuts a condominium development, and is across the street from a church. This proposal is in conflict with 19.06.025(1), 19.06.030(2)(F)( 4), and 19.06.030(2)(8)(1). The Highland/Palm site is a new multi-tenant center at the northwest comer. There is an older shopping center surrounding this site, mostly fronting Highland A venue to the east. Planning staff is processing an application for a service station/convenience store with off-site sales of beer and wine at Inland Center Drive and "I" Street. Gas station mini marts are exempt from the minimum separation requirements from other convenience stores. However, Section 19.06.030(2)(F)(4) also requires a I,OOO-ft. separation from any K-12 school. The rear of the site is across the street from the rear (playing fields) of Urbita Elementary School. The site is also within 100 feet of property designated for residential use. The applicant has indicated that an application will be submitted to amend Section 19.06.030(2)(F)(4) to allow an exemption from the locational criteria if an ABC license is not part of the proposal. Planning staff has also had a request for a service station/convenience store with off-site sales of beer and wine on Kendall Drive at Palm Avenue. There are no issues with the convenience store locational criteria, or the ABC license request. Cable Creek Channel separates the site from the nearest residential neighborhood. This provides more than a 100-foot separation, as well as a significant physical barrier. If the Legislative Review Committee wishes to consider the request by 7-Eleven, the convenience store Iocational criteria would need to be removed. If the Committee wishes to consider the two requests for service stationslconvenience stores, the ABC Iocational criteria would need to be modified. LRC Convenience Stores September 3, 2008 Page 3 of 3 Staff has concerns about removing the convenience store locational criteria as this would likely lead to an overproliferation of these uses, which have contributed to the blighted conditions which led to the prohibition of these uses in the first place. Unlike some ofthe other prohibited businesses, some of the franchise convenience stores are not better neighbors. Problems with excessive and unpermitted signage, loitering, littering, and sales of alcoholic beverages to minors occur at the existing franchise convenience stores throughout the City. In lieu of removing or modifYing the locational criteria, staff suggests that the following language could be added to the Development Code to provide flexibility. Notwithstanding the convenience store Iocational criteria specified in Section 19.06.025(1 )(F) and Section I 9.06.030(2)(F), the Mayor and Common Council may approve a convenience store (with or without a service station component) through a Conditional Use Permit. And notwithstanding the ABC License locational criteria, the Mayor and Common Council may approve a convenience store with an ABC license through a Conditional Use Permit. The Mayor and Common Council will consider factors such as vacant buildings in the immediate area, surrounding land use patterns, substantial improvements/upgrades to the building or center, and potential impacts on blight, crime, code enforcement issues, etc. in addition to the fmdings outlined in Section 19.36.050 of this Development Code.