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HomeMy WebLinkAbout03-Planning and Building ~IT~ OF SAN BER*'RDINO - REQUEST ~R COUNCIL ACTION From: Al Boughey, Director Development Loae amenamen~ ~o. ~~-vS, Subject: To delete the requirement for a Conditional Use Permit for businesses in excess of 15,000 sq. ft. where alcohol sales are not the principal use. Mayor and Common Council Meeting September 29, 1992 Dept: Planning & Building Services Date: September 16, 1992 Synopsis of Previous Council action: None. Recommended motion: That the hearing be closed and that said ordinance be laid over for final adoption. Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report. Ordinance Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: IAcct, No.! IAcct. Descriotion) Finance: Council Notes: .d.nAnn=- lhun Nn 3 CITY' OF SAN BERN~DINO - REQUEST -'dR COUNCIL ACTION STAFF REPORT REOUEST The request is for an amendment to Development Code Section 19.06.030 (2) (B), ALCOHOL BEVERAGE CONTROL "ABC" LICENSE, to change the square footage requirement for businesses or establishments that are subject to a Conditional Use Permit when they do not sell alcoholic beverages as their principal business. BACKGROUND When the Development Code was adopted, the minimum size requirement of 25,000 square feet that had been included in the Municipal Code was continued as a Development Code standard. The square footage requirement set the standard to determine which establishments would be subject to a conditional use permit for the sale of alcoholic beverages when this activity was not the principal activity of the business. CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) STATUS Article 5, Section 15061 (b)(3) of the California Environmental Quality Act states that, in general, CEQA applies only to projects that could have a significant effect on the environment. Where it can be determined with certainty that no possibility exists for a project to have a significant effect on the environment, the project is not subject to CEQA. Because the proposed amendment will not lead to an increase in the number or intensity of projects proposed, staff has determined that Development Code Amendment No.92-08 is exempt from the provisions of CEQA. ANALYSIS The Development Code Amendment is consistent with the General Plan Goal 1G and Policy 1.7.1 whose intent is to achieve a pattern and distribution of land uses which retain and enhance residential neighborhood and commercial districts, as well as to accommodate the new development, adaptive reuse, and renovation in accordance with the Land Use Plan Map. This amendment will further implement this goal and policy by enhancing new development in commercial districts throughout the City. The intent of the square footage requirement was to exclude uses such as grocery stores and drug stores that did not sell alcohol as principal business from the requirement for a conditional use permit. Uses such as convenience stores and liquor stores would still be subject to the CUP requirement. The 25,000 square footage requirement is too large for a number of establishments (i.e. drug stores in strip centers) that would like to sell alcoholic beverages in addition to other primary items including the sale of drugs, pharmaceutical items, household products, etc. These establishments are of sufficient size to satiSfy development objectives of the original 25,000 square foot minimum and normally are smaller, ranging from 15,000 to 18,000 square feet. In order to consider the requests of these smaller establishments to qualify for the sale of alcoholic beverages, a Development Code Amendment is necessary. 7!'i.n'''4 ..L."_~_ Development Code Amen~t No. 92-08 Mayor and Common Council Meeting September 29, 1992 Page 2 o DEVELOPMENT CODE AMENDMENT/CONCLUSION The Development Code Amendment would allow businesses or establishments with a minimum of 15,000 square feet which do not sell alcoholic beverages as the principal business to do so without the CUP requirement. These businesses would still be required to go through the Development Permit process. PLANNING COMMISSION On August 4, 1992, the Planning Commission reviewed the proposed amendment and recommended that the Mayor and Common Council approve Development Code Amendment No. 92-08. MAYOR AND COMMON COUNCIL OPTIONS The Mayor and Common Council may approve Development Code Amendment No. 92-08 as proposed by staff; or The Mayor and Common Council may deny Development Code Amendment No. 92-08. RECOMMENDATION It is recommended that the Mayor and Council approve Development Code Amendment No. 92-08 based on the attached Findings of Fact (Attachment "A" of the Planning Commission Staff Report). Prepared by: Doris A. DanielS, Senior Planner, Development Department for Al Boughey, Director, Planning and Building Services Exhibits: I. Findings of Fact II. Ordinance DAD:04l5q - - o o FINDINGS OF FACT 1. The proposed amendment is consistent with the General Plan in that the amendment further implements the Goals and Policies of the General Plan to enhance commercial districts and to accommodate new development, adaptive reuse and renovation of businesses. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, in that amendment would promote economic development and corresponding increase'in jobs. DAD:0415q Exhibit "I" .--J. o o 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.06.030(2) (B) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT 3 CODE) RELATING TO THE REQUIREMENT OF A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOL BEVERAGES IN RESTAURANTS OR LARGE BUSINESSES. 4 5 2 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION section 19.06.030(2) (B) of the San Bernardino 1. 6 7 Municipal Code (Development Code) 8 is hereby amended to read as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE 1. 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: 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 or used for residential purposes; and shall not be located in such close proximity to another similar use as to cause an oversaturation of such uses in the neighborhood. The license application shall be reviewed by the Police Department prior to city approval. 2. 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 26 27 IIII 28 Conditional Use Permit. IIII 1 1 2 3 4 5 6 7 8 9 10 IIII 11 IIII 12 IIII 13 IIII 14 IIII 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 3. 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.)" 2 --<, . o \:) 1 AN ORDINANCE... AMENDING SECTION 19.06.030(2) (B) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATING TO THE 2 REQUIREMENT OF A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOL BEVERAGES IN RESTAURANTS OR LARGE BUSINESSES. 3 4 adopted by the 5 6 7 8 9 10 11 I HEREBY CERTIFY that the foregoing ordinance was duly Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1992, by the fOllowing vote, to wit: Council Members: NAYS ABSTAIN AYES ESTRADA REILLY HERNANDEZ MAUDSLEY 12 MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 18 of 19 20 21 22 23 City Clerk The foregoing ordinance is hereby approved this , 1992. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney !i '7- By: Y!Z-'I4<J-, 24 ! / 25 26 ) ( e-1/L~ / 27 28 3 ABSENT day