HomeMy WebLinkAbout32-Development Services
ORIGINAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
Valerie C. Ross, Director
Development Services
Subject: Development Code Amendment No. 08-03,
an ordinance amending Sections 19.06.025 and
19.06.030 of the Development Code to modify
restrictions on the location of convenience stores
and off-site ABC licenses in the City of San
Bemardino.
Date:
December 23,2008
MCC Date: January 20,2009
Synopsis of Previous Council Action:
10/4/04
Mayor and Council adopted MC-1188, an urgency ordinance prohibiting establishment or
relocation of specified businesses in the City of San Bemardino
Mayor and Council adopted MC-1196 amending and extending MC-1188
Mayor and Council adopted MC-1236, establishing Section 19.06.025 Prohibited Uses
Legislative Review Committee recommended the proposed Development Code Amendment
Mayor and Council directed staff to initiate the proposed Development Code Amendment
6/6/05
10/2/06
9/16/08
10/6/08
Recommended Motion:
That the hearing be closed and that the item be referred to Legislative Review Committee.
fH1)~e/ l/lUv
Valerie C. Ross
Contact person: Terri Rahhal. Citv Planner
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): Citv-wide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Ace!. No.)
(Ace!. Description)
Finance:
Council Notes:
;;h-/'t>dlv ttfG
Agenda Item No. 32
/~.M'~9
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Development Code Amendment No. 08-03, an ordinance amending Sections
19.06.025 and 19.06.030 of the Development Code to modify restrictions on the
location of convenience stores and off-site ABC licenses in the City of San
Bernardino.
APPLICANT:
Development Services Department
300 North "D" Street
San Bernardino, CA 92418
BACKGROUND:
On October 4, 2004, the Mayor and Common Council adopted MC-1188, an urgency interim
land use ordinance prohibiting establishment or relocation of specified land uses within the City.
The Mayor and Council found that over-proliferation of the uses specified in the ordinance had
contributed to various adverse impacts on the community, including increased crime, illegal
signage, poor property maintenance and depreciation of property values. MC-1196 was adopted
on June 6, 2005, to amend and extend the provisions of MC-1188. On October 2, 2006,
Development Code Amendment (DCA) No. 06-02 was approved by Ordinance MC-1236 to
adopt the provisions of the interim ordinances on a permanent basis by adding Section 19.06.025
"Prohibited Uses" to Development Code.
There are twelve categories of commercial uses that are prohibited by Section 19.06.025 of the
Development Code. Convenience stores, defined as "the retail sale of groceries, staples, sundry
items, and/or alcoholic beverages where the gross floor area is less than 5,000 ~quarefeet" are
prohibited by Section 19.06.025 if they would be located within a one mile radius of another
convenience store. Convenience stores located on the same parcel with a gasoline service station
are excluded from the convenience store category of prohibited uses. Section 19.06.025 provides
two general exceptions to the prohibition of all twelve prohibited use categories. One exception
is for any business proposed to be established in a shopping center containing over 200,000
square feet of floor area; and the other exception is for any business proposed to occupy a single
building exceeding 25,000 square feet in floor area. The proposed ordinance (Exhibit I) would
provide an additional exception, specific to convenience stores, and would also modify other
Code Sections related to the siting of convenience stores.
Based on concerns expressed by citizens and the business community, the Legislative Review
Committee ofthe Common Council (LRC) has discussed potential amendments to the Prohibited
Uses Section 19.06.025 of the Development Code on several occasions. On September 16, 2008,
the LRC recommended that the siting criteria for convenience stores, as stated in various sections
of the Development Code, be amended. Currently, Section 19.06.025 requires a one-mile
separation from other convenience stores. Section 19.06.030 requires a I,OOO-foot separation
from other convenience stores and schools, and if an alcoholic beverage license is proposed, a
SOD-foot separation is required from any religious institution, school or public park, and a 100-
foot separation is required from any property zoned for residential use. The specific distance
criteria are provided in the Code as a general safeguard against negative impacts on the
community that have been attributed to over-proliferation of the specified prohibited uses, as
well as loitering problems that may occur when convenience stores are located in proximity to
residential neighborhoods and youth-oriented land uses. The LRC recommended that proposals
for convenience stores that do not meet all of the standard siting criteria be permitted subject to
approval of a Conditional Use Permit (CUP) by the Mayor and Council, with a recommendation
from the Planning Commission. The CUP process would allow for consideration of each
proposal on a case-by-case basis, to determine whether adverse conditions exist in the
surrounding area that would be exacerbated by a convenience store, or perhaps if site design and
operational requirements placed on the proposed convenience store would ensure compatibility
with the surrounding neighborhood better than the standard separation requirements.
On October 6, 2008, the Mayor and Common Council directed staff to initiate a Development
Code Amendment for review by the Planning Commission, as recommended by the LRC.
On November 5, 2008, the Planning Commission voted unanimously to recommend approval of
DCA No. 08-03, as recommended by the LRC. Commissioners Durr, Heasley, Longville,
Mulvihill, Mufioz, Rawls and Sauerbrun voted in favor of the Development Code Amendment.
Commissioners Coute and Hawkins were absent.
FINANCIAL IMPACT
None. Any additional cost of implementing the proposed ordinance will be covered by associated
permit application fees.
RECOMMENDATION
Staff recommends that the Mayor and Common Council close the public hearing and layover the
ordinance for final adoption.
EXHIBITS:
1 Ordinance
2 Planning Commission Statement of Action and Staff Report
1
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 CHAPTER 19.06 (COMMERCIAL DISTRICTS) SECTIONS 19.06.025 AND 19.06.030
4 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE)
RELATED TO CONVENIENCE STORES AND OFF-SITE ABC LICENSES.
ORDINANCE NO.
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
7 SECTION 1. Chapter 19.06, Section 19.06.025 and Section 19.06.030 of the Municipal
8 Code (Development Code) are amended to modify restrictions on the locations of convenience
9
10
11
12
13
stores and off-site Alcoholic Beverage Control licenses in commercial land use districts in the
City of San Bernardino, as shown in Attachment I attached hereto and incOlvorated herein by
reference.
SECTION 2. Severability. In the event that any provision of this Ordinance, or any part
14 thereof, or any application thereof to any person or circumstance, is for any reason held to be
15 unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
16
face or as applied, such holding shall not affect the validity or effectiveness 01' any of the
17
18
person or circumstance or of said provision as applied to any other person or circumstance. It is
19
remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
20 hereby declared to be the legislative intent of the City that this Ordinance would have been
21 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
22 IIII
23
24
25
26
27
28
1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
2 CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTIONS 19.06.025 AND 19.06.030
3 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT COD~~)
RELATED TO CONVENIENCE STORES AND OFF-SITE ABC LICENSES.
4
5
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, helel
, 2009 by the following vote to wit:
ABST AIN
ABSENT
City Clerk
19
20
21
22
23
Approved as to form:
The foregoing ordinance is hereby approved this ~day of
,2009.
PATRICK.I. MORRIS, Mayor
City of San Bernardino
24
25 JAMES F. PENMAN
City Attorney
26
27 By:?VI~ ~ -f 4-< 7 ~ __~. ~ <C ~. dS-
28 ///~~_~ ~~~ <:"-e ~
///~~ ~ ~ .s~o.J/Y'lf(~
~ c~ ~~, "7~ u'f:'j 2
2-/
ATTACHMENT 1
COMMERCIAL DISTRICTS - 19.06
19.06.025 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:
1. 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.
COMMERCIAL DISTRICTS - 19.06
3. Existing, legally established indoor concession malls and outdoor swap
meets, unless otherwise prohibited.
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.
1. 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. Convenience Stores (if located within a one mile radius of 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). The one-mile separation requirement mav be waived or
modified. subiect to approval of a Conditional Use Permit bv the Mavor and
Common Council, with a recommendation from the Planning Commission.
G. 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 uureinforced masonry building to be relocated to another building
within 50 feet of the current location.
H. Automotive Stereo Shops - Establishments 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.
1. 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.
J. Self-service Laundry - Any commercial establishment providing the use of self-
service washing machines and dryers to the public, usually coin-operated.
11-60
COMMERCIAL DISTRICTS - 19.06
K. 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.
L. 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 25,000 square feet in size
******
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 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. The separation
[1-61
COMMERCIAL DISTRICTS - 19.06
requirements mav be waived or modified, subiect to approval of a
Conditional Use Permit bv the Mavor and Common CounciL with a
recommendation from the Planning Commission. MC 1041 2/1/99, MC
2. 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 1000 7/21/97
3. 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
4. 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
5. 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 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.
3. One access drive may be permitted for each street frontage. The design and
location of the access drive(s) shaH be subject to the approval of the DRC.
I1-62
COMMERCIAL DISTRICTS -19.06
4. No convenience store shall be located less than 1,000 feet from an existing
or previously approved convenience store, or an existing elementary,
junior high school, or high school, as measured from 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. Anv of the separation requirements may be waived or
modified. subiect to approval of a Conditional Use Permit by the Mayor
and Common Council. with a recommendation from the Planning
Commission. MC 963 3/18/96, MC 1210 7/5/06. MC
5. All on-site lighting shall be energy efficient, stationary and directed away
from adjoining properties and public rights-of-way.
6. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign
Standards).
7. All landscaping shall be installed and permanently maintained pursuant to
the provisions of Chapter 19.28 (Landscaping Standards).
8. 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.
9. The premises shall be kept in a neat and orderly condition at all times.
10. 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.
II. 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.
12. A bicycle rack shall be installed in a convenient location visible from the
inside of the store.
13. Each convenience store shall provide a public restroom located within the
store.
II -63
COMMERCIAL DISTRICTS - 19.06
14. Public pay telephones provided on-site shall not be set up for incoming calls.
Public telephones shall be featured with call out service only.
15. On-site video games may not be installed or operated on the premises.
16. 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.
17. All parking, loading, circulation aisles, and pump island bay areas shall be
constructed with (pee) concrete.
11-64
EXHIBIT 2
PROJECT
Number:
Development Code Amendment No. 08-03
Applicant:
City- Initiated
Description:
A proposal to amend Sections 19.06.025(1 )(F), 19.06.030(2)(B)(1) and
19.06.030(2)(F)(4) of the Development Code to modify restrictions on the
location of convenience stores, including convenience stores with
ancillary alcoholic beverage sales, in commercial land use districts in the
City of San Bernardino. The proposed amendment would pernlit
exceptions to location criteria, subject to approval of a Conditional Use
Permit by the Mayor and Common Council, with a recommendation from
the Planning Commission.
ACTION:
RECOMMENDED APPROVAL
Meeting Date:
November 5, 2008
The Planning Commission recommended that the Mayor and Common Council approve
Development Code Amendment No. 08-03 based on the Findings of Fact contained in the Staff
Report.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Durr, Heasley, Longville, Mulvihill, Munoz, Rawls and Sauerbrun
None
None
Coute and Hawkins
This item will be scheduled before the Mayor and Common Council for final action.
I hereby certify that this Statement of Official Action accurately reflects the final determination
of the Planning Commission of the City of San Bernardino.
y/JJ
I(~b-()S'
Date
Terri Rahhal, Deputy Dire
cc: Case File, Department File
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 08-03
4
November 5, 2008
City-wide
APPLICANT:
Development Services Department
300 North D Street
San Bernardino, CA 92418
(909) 384-5057
REQUESTILOCATION:
A proposal to amend Sections 19.06.025(1)(F), 19.06.030(2)(B)(I) and 19.06.030(2)(F)(4) of the
Development Code to modifY restrictions on the location of convenience stores, including
convenience stores with ancillary alcoholic beverage sales, in commercial land use districts in
the City of San Bernardino. The proposed amendment would permit exceptions to location
criteria, subject to approval of a Conditional Use Permit by the Mayor and Common Council,
with a recommendation from the Planning Commission.
CONSTRAINTS/OVERLA YS:
Not Applicable
ENVIRONMENTAL FINDINGS:
I2?J Not Subject to CEQA
o Exempt, Section
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Plan
STAFF RECOMMENDATION:
I2?J Recommend Mayor and Council Approval
o Conditions
o Denial
o Continuance to:
DCA No. 08-03
Hearing Date 11/5/2008
Page 2
PROJECT DESCRIPTION
The proposed Development Code Amendment would modify the following three excerpted
sections of the Development Code that specify location criteria for convenience stores and sales
of alcoholic beverages for off-site consumption. Proposed additions to each section are shown in
underlined text. The full text of Development Code Sections 19.06.025, 19.06.030(2)(B) and
19.06.030(2)(F), with proposed amendments, is attached as Attachment A.
19.06.025
PROHIBITED USES
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 conunercial uses:
F. Convenience Stores (if located within a one mile radius of 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). The
one-mile separation requirement mav be waived or modified, subiect to approval of a
Conditional Use Permit bv the Mavor and Common Council. with a reconunendation
from the Planning Conunission.
19.06.030
LAND USE DISTRICT DEVELOPMENT STANDARDS
2. LAND USE DISTRICT SPECIFIC STANDARDS
B. ALCOHOLIC 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 Conunission:
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.
The separation requirements mav be waived or modified. subiect to approval of a
Conditional Use Permit by the Mayor and Common Council. with a reconunendation
from the Planning Conunission.
DCA No. 08-03
Hearing Date 11/5/2008
Page 3
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:
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 or high
school, as measured from one 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. Anv of the separation reQuirements may be
waived or modified, subiect to approval of a Conditional Use Permit bv the Mayor
and Common Council, with a recommendation from the Planning Commission.
SETTING/SITE CHARACTERISTICS
The proposed Development Code Amendment, DCA No. 08-03 would apply in commercial land
use districts, City-wide.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed Development Code Amendment will not result In a direct or reasonably
foreseeable indirect physical change in the environment. The amendment would reduce
restrictions on location criteria for convenience stores in commercial land use districts. Without
the proposed amendment, other commercial uses would be permitted in the potential
convenience store sites, resulting in similar physical impacts. Therefore, DCA No. 08-03 is not a
project subject to CEQA, pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
BACKGROUND
The proposed amendments were considered and discussed in concept by the Legislative Review
Committee (LRC) of the Common Council in July and August of 2008. On October 6,2008, on
the recommendation of the LRC, the Mayor and Council directed staff to initiate a Development
Code Amendment to modifY location criteria for convenience stores, including those with
ancillary alcoholic beverage sales. Additional background information is detailed in the attached
staff reports to the LRC and the Mayor and Council (Attachment B).
ANALYSIS
The amendments proposed by DCA No. 08-03 would allow for site-specific review and
discretion by the Mayor and Common Council to approve establishment of convenience store
locations that do not comply with specific separation criteria stated in the Code. The minimum
distance between convenience stores was required to avoid blight, code compliance problems
and other issues associated with over-proliferation and over-concentration of convenience stores.
The minimum distances set to separate convenience stores from other uses are intended to avoid
nuisances that may have negative impacts on neighborhoods or may distract children from
DCA No. 08-03
Hearing Dale 11/5/2008
Page 4
school or from their other activities. The roO-foot, 500-foot, 1,000-foot or one-mile distance
requirements are approximate, one-size-fits-all standards, intended to maintain land use
compatibility. The proposed amendments would grant authority to the Mayor and Council to
make exceptions to these general standards through site-specific analysis and review of a
Conditional Use Permit, with recommendations from staff and the Planning Commission. This
level of site-specific application review will provide for analysis of potential conflicts with
sensitive land uses to ensure land use compatibility in a manner superior to the existing arbitrary
standard distances currently prescribed by the Development Code.
FINDINGS
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would provide more site-specific review
authority and discretion of the Mayor and Common Council in the consideration of
proposals to establish convenience stores in the City. This case-by-case review will
ensure proper planning of such uses to maintain land use compatibility, in balance with
public convenience and public safety, consistent with the following Goals and Policies of
the General Plan:
Goal 2.2: "Promote development that integrates with and mmlmIzes impacts on
surrounding land uses."
Policy 2.2.10: "The protection of the quality of life shall take precedence during the
review of new projects. Accordingly, the City shall utilize its discretion to deny or require
mitigation of projects that result in impacts that outweigh benefits to the public."
Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by
strategic infill of new development and revitalization of existing development."
Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of
development, land use flexibility and customized site development standards shall be
achieved through various master planning devices, such as specific plans, planned
development zoning and creative site planning."
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
The proposed amendment would substitute site-specific project review and land use
analysis by the Mayor and Council, with recommendations from staff and the Planning
Commission, for very general location standards specified in the current Code standards
for establishment of a convenience store in the City of San Bernardino. The site specific
review process would ensure land use compatibility in each case. Therefore, the proposed
Development Code Amendment serves the public interest and would not be detrimental
to public health, safety, convenience or general welfare.
DCA No. 08-03
Hearing Date 11/5/2008
Page 5
CONCLUSION
The proposed Development Code Amendment is consistent with the General Plan and would
serve the public interest, as supported by the Findings of Fact for approval. Site-specific
evaluation of potential land use conflicts by the Mayor and Common Council will ensure
approval of appropriate sites for convenience stores that will not be detrimental to the public
health, safety or welfare, or the public convenience.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Development Code
Amendment No. 08-03 to the Mayor and Common Council, based on the Findings of Fact
contained in this Staff Report.
Respectfully Submitted,
VdlJM;{~
Valerie C. Ross
Director, Development Services
7d?~
Terri Rahhal
Deputy Director/City Planner
Attachment A:
Full Text of Proposed Amendments to Development Code Sections:
19.06.025 - Prohibited Uses
19.06.030(2)(B) - Specific Standards for ABC Licenses
19.06.030(2)(F) - Specific Standards for Convenience Stores
Attachment B:
October 6, 2008 Request for Council Action
COMMERCIAL DISTRICTS - 19.06
ATTACHMENT A
19.06.025 PROHIBITED USES MC ]233 ]0/2/06
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"), shal] 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:
]. 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.
II-59
COMMERCIAL DISTRICTS - 19.06
3. Existing, legally established indoor concession malls and outdoor swap
meets, unless otherwise prohibited.
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.
F. Convenience Stores (if located 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). The one-mile separation reauirement mav be waived or
modified. subiect to approval of a Conditional Use Permit bv the Mavor and
Common Council. with a recommendation from the Planning Commission.
G. 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.
H. Automotive Stereo Shops - Establishments 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.
I. 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.
J. Self-service Laundry - Any commercial establishment providing the use of self-
service washing machines and dryers to the public, usually coin-operated.
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COMMERCIAL DISTRICTS - 19.06
K. 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.
1. 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 25,000 square feet in size
******
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:
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. The separation
requirements mav be waived or modified. subiect to approval of a
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COMMERCIAL DISTRICTS - 19.06
Conditional Use Permit bv the Mavor and Common Council. with a
recommendation from the Planning Commission. MC 1041 2/1199. MC
2. 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 10007/21197
3. 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
4. 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
5. 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:
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.
3. 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.
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COMMERCLU DISTRICTS - 19.06
4. No convenience store shall be located less than 1,000 feet from an existing
or previously approved convenience store, or an existing elementary,
junior high school, or high school, as measured from 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. Any of the separation reauirements mav be waived or
modified. subiect to approval of a Conditional Use Permit bv the Mavor
and Common Council. with a recommendation from the Planning
Commission. MC 963 3/18/96, MC 1210 7/5/06. MC
5. All on-site lighting shall be energy efficient, stationary and directed away
from adjoining properties and public rights-of-way.
6. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign
Standards).
7. All landscaping shall be installed and permanently maintained pursuant to
the provisions of Chapter 19.28 (Landscaping Standards).
8. 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.
9. The premises shall be kept in a neat and orderly condition at all times.
10. 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.
II. 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.
12. A bicycle rack shall be installed in a convenient location visible from the
inside ofthe store.
13. Each convenience store shall provide a public restroom located within the
store.
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COMMERCIAL DISTRICTS - 19.06
14. Public pay telephones provided on-site shall not be set up for incoming calls.
Public telephones shall be featured with callout service only.
15. On-site video games may not be installed or operated on the premises.
16. 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.
17. All parking, loading, circulation aisles, and pump island bay areas shall be
constructed with (peC) concrete.
11-64
ATTACHMENT B
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTIO!"
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From: Valerie C. Ross. Director
Subject:
Initiation ofa Development Code
Amendment related to
Convenience Stores and Off-Sale
Alcoholic Beverage Licenses.
Dept: Development Services
Date: September 17.2008
MCC Date: October 6. 2008
Synopsis of Pre\'ious 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
pennanently 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:
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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.
~{/,f~
Valerie C. RosY;
Contact person: Valerie C. Ross
Phone:
5357
Staff Report
Ward:
All
Supporting data attached:
Ft::\'DlNG REQUIREMENTS: Amount:
55.000
Source: (Acct. No,) 001-190-5121
Acct. Description:
Finance:
o
Council Notes:
Agenda Item No. 30
10--""0'1
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTIO~
STAFF REPORT
Subject:
Initiation of a Development Code Amendment related to Convenience Stores and
Off-Sale Alcoholic Beverage Licenses.
Background:
The Mayor and Common Council adopted Ordinance No. MC-I 188 on October 4, 200.t This
was an urgency ordinance that established a moratorium on certain designated businesses. 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
permanent prohibitions established through MC-1236.
At their meeting of June 17, 2008, the Legislative Review Committee discussed the prohibited
uses and asked staff to prepare recommendations to consider allowing certain prohibited uses in
certain situations andlor at certain locations. The Legislative Review Committee discussed
revisions related to single-price overstock/discount stores on July 22"0 and August 5'h At their
meeting of August 19m, the committee referred those recommendations to the Mayor and
Common Council with a recommendation that staff prepare an amendment to the Development
Code.
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Staff 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 19m, September 3'd, and September 16m. 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 addilional
information.
Financial Impact:
Staff estimates that it will cost approximately $5,000 to process the amendment to the
Development Code. This includes advertising and mailing costs, not staff lime. 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 10 prepare an. amendment to the
Development Code to modify the provisions to all.ow consideration of cO,nvenience stores and
ancillary sales ofalcoholic beverages.
C Attachments: Memorandum dated September 3, 2008 to the Legislative Review Committee
2
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CITY OF SAN BERNARDINO
Development Services Department
Interoffice Memorandum
O~ ,-:-J_~
OJ ..._. ....
":': ': ':
TO: Legislative Review Conuninee
FROM: Valerie C. Ross, Director
SUBJECT: Moratoriwn on Certain Designated Businesses
DATE: September 3,2008
COPIES: Fred Wilson, City Manager
BacklZI'Ound
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 overstoclcldiscount 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
C 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 conswnption.
19.06.025(1)
Prohibited Uses
~...
F. Convenience Stores (if located 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 !ban 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 minimwn 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.
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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
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.
I9.06.030(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; I 00 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 Permit process, 7-Eleven has indicated interest in a
site at Mountain View A venue and Coulston Street and at Highland Avenue imd Palm Avenue. 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 conf!ic;t with 19.06.025(1), 19.06.030(2)(F)(4), and 19.06.030(2)(BXI).
The HighlandlPaIm site is a new multi-tenant center at the northwest comer. There is an older
shopping center surrounding this site, mostly fronting Highland Avenue 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. Howevi;!', Section
19 .06.030(2)(F)( 4) also requires a 1,OOO-ft. separation from any K-12 school. Thirear of the site
is across the street from the rear (playing fields) ofUrbita 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 Sec:tion 19.06.030(2)(F)(4) to allow an exemption from
the locational criteria if an ABC license is not p8rt 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 A venue. There are no issues with the convenience store
Iocational criteria, or the ABC license request. Cable Creek Channel separates the site from the
nearest residential neighborhood. This provides more than a .I OO-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 locational criteria would need to ~.removed. If the Committee wishes to
consider the two requests for service stations/convenience stores, the ABC locational criteria
would need to be modified.
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LRC
Convenience Store,
September 3, 2008
Page 3 00
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 of the 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 locational criteria specified in Section 19.06.025(1)(F) and
Section 19.06.030(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 improvementslupgradcs to the building or center, and potential impacts on blight, crime,
code enforcement issues, etc. in addition to the findings outlined in Section 19.36.050 oftbis
Development Code.
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