HomeMy WebLinkAbout13-Development Services
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ORIGINAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
James G. Funk, Director
Development Services
Subject: Development Code Amendment No. 05-01
to amend Development Code Section
19.06.030(2)(G)(4) to allow service stations with
ancillary convenience stores to be within 1,000
feet of one another, and/ or another
convenience store.
/
Date: May 17, 2005
MCC Date: June 20, 2005
Synopsis of Previous Council Action:
None.
Recommended Motion:
That the hearing be closed and said ordinance be laid over for final adoption.
YthMvt/. ~ evr
es G. Funk
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Phone: 384-5057
Ward(s): City-wide
Council Notes: Tnt..... (j..l 0
Agenda Item No. SO
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Development Code Amendment No. 05-01 to amend Development Code Section
19.06.030(2)(G)(4) to allow service stations with ancillary convenience stores to
be within 1,000 feet of one another, and/or another convenience store.
Applicant:
City of San Bernardino Economic Development Agency
200 N. "E" Street
San Bernardino, CA 92418
BACKGROUND:
The Economic Development Agency is requesting approval of Development Code Amendment (DCA)
No. 05-01 to amend Development Code Section 19.06.030(2)(G)(4) to allow service stations with
ancillary convenience stores to be within 1,000 feet of one another, and/or another convenience store.
No change will be made to the requirement for service stations and/or convenience stores to obtain a
Conditional Use Permit. The Development Code Amendment is requested Citywide (see Planning
Commission Staff Report titled Exhibit 1).
At their meeting of April 19, 2005, the Planning Commission voted 6 to 0 to recommend approval of
DCA No. 05-01. Commissioners Brown, Coute, Heasley, Morris, Powell, and Sauerbrun voted in
favor of the DCA. Commissioners Durr, and Enciso were absent.
FINANCIAL IMPACT
None, the Economic Development Agency filed the application and paid the fees required.
RECOMMENDATION
Staff recommends that the Mayor and Common Council close the public hearing and that the ordinance
be laid over for final adoption.
EXHIBITS:
1 Planning Commission Staff Report Dated April 5, 2005.
2 Ordinance
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EXHIBIT 1
SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 05-01
4
April 5, 2005
City-wide
OWNER:
Not applicable
APPLICANT:
City of San Bernardino Economic Development Agency
201 North E Street
San Bernardino, CA 92418
REQUEST/LOCATION:
A request to amend Development Code Section 19.06.030(G)(4) to allow service stations with
ancillary convenience stores to be within 1,000 feet of one another, and/or another
convenience store. No change will be made to the requirement for service stations and/or
convenience stores to obtain a Conditional Use Permit. The Development Code Amendment is
requested citywide.
CONSTRAINTS/OVERLAYS:
None.
ENVIRONMENTAL FINDINGS:
D Not Applicable
[81 Exempt, Section 15305, Minor Alterations in Land Use Limitations
D No Significant Effects '
D Potential Effects, Mitigation Meas~res and Mitigation Monitoring/RepOrting Plan
STAFF RECOMMENDATION:
[81 Approval
D Conditions
D Denial
D Continuance to:
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DCA No. 05-01
Hearing Date 4/5/2005
Page 2
REQUEST AND PROJECT DESCRIPTION
The proposed Development Code Amendment would modify Development Code Section
19.06.030(G) to delete the reference to the Freeway Corridor Overlay District. The text would
be changed from:
"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 1 property line to another. Service
stations located within the Freewav Corridor Overlav District. pursuant to the
provisions of 19.06.030(2)(0)(1) of this Chapter that include a convenience store
as an ancillarv use are not subiect to the 1.000 foot distance restriction from other
convenience stores."
To:
"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 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."
SETTING/SITE CHARACTERISTICS
The Development Code Amendment would appl)'o City-wide.
BACKGROUND
The Development Code has standards for both Convenience Stores and Service Stations. In the
past, it would not have been unusual for a gasoline service station to be only a gasoline service
station. However, in recent years, gasoline service stations are almost always requesting a retail
component as part of their Conditional Use Permit application. This has led to conflicts in the
interpretation of the Code.
The effect of the proposed Amendment will be to allow service stations with convenience stores
to occur without distance limitations in areas where convenience stores alone also occur.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed project is Categorically Exempt from CEQA, pursuant to Section 15305, Minor
Alterations to Land Use Limitations.
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DCA No. 05-01
Hearing Date 4/5/2005
Page 3
FINDINGS AND ANALYSIS
1. Is the proposed amendment consistent with the General Plan?
Yes. The proposed Development Code Amendment clarifies provisions of the Code
having no impact on the types of uses permitted in the Commercial land use districts,
which are consistent with the General Plan.
Objective 1.26 of the Land Use Element states:
"Provide for the continued use, expansion, and new development of small scale, low-
intensity commercial uses which serve and are in proximity to residential
neighborhoods throughout the City. "
And Policy 4.18.1 of the Economic Development Element states:
"Designate land for local-serving general and neighborhood commercial retail activity."
The proposed Amendment supports this Objective and Policy, insofar as the location of
service stations with retail components and convenience stores ate local-serving retail
opportunities, and are in locations which are adjacent to residential neighborhoods
throughout the City. Although not individually large generators, both convenience
stores and gas stations generate revenues for the City in the form of sales tax and gas
tax.
2. Is the proposed amendment detrimental to the public interest, health, safety.
convenience of welfare of the City?
No. The proposed amendment will clarify two sections of the Code, and will still
provide standards for the location of both gasoline service stations and convenience
stores, providing the existing protection for the public interest and safety, _~hile still
allowing for the public convenience to be served.
The proposed Amendment wili not result in an over-concentration of facilities, in as
much as service stations are restricted to intersections of major and secondary arterial
roads. Additionally, they can only occur on two of any four comers of such an
intersection, and stand-alone convenience stores will still be restricted to a separation of
1,000 feet.
In addition, market forces and shopping patterns will allow both stand-alone
convenience stores and convenience stores ancillary to service stations to successfully
1
coexist. Thus patrons of a service station can do some minor shopping without having
to make multiple stops, allowing for their personal convenience while limiting the
potential for safety risks due to multiple trips.
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DCA No. 05-01
Hearing Date 4/5/2005
Page 4
CONCLUSION
The approv:al of Development Code Amendment is consistent with the General Plan and
Development Code, and is supported by the Findings of Fact for approval.
RECOMMENDATION
1. Staff recommends that the Planning Commission recommend that the Mayor and
Common Council approve of Development Code Amendment 05-01 based upon the
Findings of Fact contained in this Staff Report.
Respectfully Submitted,
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James Funk r v
Director, Development Services
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Ben Steckler
Associate Planner
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ORDINANCE NO.
COpy
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5 THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
AN ORDINANCE OF THE CITY OF SAN BER.~ARDINO MODIFYI:\G
CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTION 19.06.030(2)(G)(4) OF THE
SAN BER.~ARDINO MUNICIPAL CODE (DEVELOPME~T CODE) RELATED TO
LOCA TIONAL REQUIREMENTS FOR SERVICE STATIONS WITH ANCILLARY
CONVENIENCE STORES.
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SECTION 1. Chapter 19.06, Section 19.06.030(2)(G)(4), locational requirements
for convenience stores is amended to allow service stations with ancillary convenience
stores within 1,000 feet of one another, andlor another convenience store as shown in
Attachment 1, attached hereto and incorporated herein by reference.
SECTION 2. Severability. In the event that any provision of this Ordinance, or
13 any part thereof, or any application thereof to any person or circumstance, is for any
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reason held to be unconstitutional or otherwise invalid or ineffective by any court of
competent jurisdiction on its face or as applied, such holding shall not affect the validity
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t 7 or effectiveness of any of the remaining provisions of this Ordinance, or any part
18 thereof, or any application thereof to any person or circumstance or of said provision as
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applied to any other person or circumstance. It is hereby declared to be the legislative
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intent of the City that this Ordinance would have been adopted had such
22 unconstitutional, invalid, or ineffective provisions not been included herein:
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYIl'iG
CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTION 19.06.030(2)(G)(4) OF THE
SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO
LOCATIONAL REQUIREMENTS FOR SERVICE STATIONS WITH ANCILLARY
CONVENIENCE STORES.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting
thereof, held on the
day of
2005, by the
following vote to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
MC CAMMACK
City Clerk
The foregoing ordinance is hereby approved this _ day of
,2005.
JUDITH V ALLES, Mayor
City of San Bernardino
A pproved as to form
and legal content:
JAMES F. PENMAN
City "Attorney
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A IT ACHMENT 1
Development Code Section 19.06.030(2)(G)(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 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."
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>**..,QR OFFICE USE ONLY - NOT"A PUBLlC'DOCUMENT:..:.:..;:~l';.-
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, " u "CITY OF SAN BE'RNARDIN6~'diY ClERK'S'OFFICE " """"",:> ' ~ .:, :"
" "'~',' CC',' RECORDS & INFORMATION MA'NACEMENT PROGRAM
ACENDA ITEM TRACKINC FORM
Meeting Date/Date Adopted: ?IP ~ Item No. g /3
Resolution/Ordinance No. /J?c. - '1.:2 10 Ordinance Urgency: Yes ~
Effective Date: <?"-S'-OS TenninationlSunset Date: ~
Vote: Ayes: ,J- 7 Nays:--GL-
Abstain: Absent: -0
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Meeting Type:
Continued Fro
Date Seal Impressed:
Date Sent to Mayor:
~
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes
Notes: ~J'~ /.d~- 'I/&~O<
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To Whom:
Date Sent for Signature:
Expiration Date:
Copies Distribut
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