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MAYOR & COMMON COUNCIL
MEETING BACKUP
MEETING DATE: February 20, 2001
GROUP MEETING: Mayor and Common Council
DEPUTY: Linda Sutherland
*** No backup materials are included for the following items. ***
ITEM #
STATUS
14
Continued to first Council meeting following next Traffic Safety
Committee meeting (next Traffic Safety Committee meeting scheduled
to be held on March 14, 2001)
31
R38
~
Laid over
Continued to March 5, 2001
1:"..18<1--
_-I.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
~(g~W
Subject: Development Code Amendment
01-01 - To establish neighborhood
grocery stores (with or without alcohol) as
a permitted land use activity in various
land use districts subject to a Conditional
Use Permit.
From: James Funk, Director
Dept: Development Services
Date: January 31, 2001
MCC Date: February 20, 2001
Synopsis of Previous Council Action:
October 3, 2000, the Planning Division was directed to prepare an amendment to the
Development Code pertaining to neighborhood-serving grocery stores as a permitted
use subject to a conditional use permit.
Recommended Motion:
That the hearing be closed, and that said ordinance be laid over for final adoption and
direct Planning Staff to prepare an amendment to the Development Code relating to
signage for neighborhood grocery stores.
James Funk
Contact person: In.. RAII"nrli
Phnn..' ::\1'14_<;"<;7
Supporting data attached: Staff Report. ordinance
Ward' Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Ar.r.t n~:u:~,...rirtinn)
Finance:
Council Notes:
Agenda Item No.
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_I,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Development Code Amendment No. 01-01
Mayor and Common Council Meeting of February 20, 2001
BACKGROUND
The Legislative Review Committee discussed this topic and recommended to the Mayor
and Common Council that the Development Code be revised to establish neighborhood
grocery stores as a permitted land use subject to a Conditional Use Permit. On October
3,2000, the Mayor and Common Council directed staff to prepare this development code
amendment.
A previous development code amendment established Specialty Food Stores as a permitted
land use. At that time, a definition was not added to the Development Code. This
Development Code Amendment will add a defmition for Specialty Food Stores.
At its meeting of January 23,2001, the Planning Commission recommended that the Mayor
and Common Council approve Development Code Amendment No. 01-01. Commissioners
Derry, Durr, Enciso, Garcia, Lockett, Sauerbrun, Thrasher and Welch voted in favor of the
motion. Commissioners Coute and Ramirez were absent.
The Planning Commission also recommended that the Mayor and Common Council direct
Planning Staff to prepare an amendment to the Development Code relating to signage for
neighborhood grocery stores.
FINANCIAL IMPACT
None.
RECOMMENDATION
I. Staff recommends that the Mayor and Common Council approve Development Code
Amendment No. 01-01, based on the Findings of Fact in the Planning Commission Staff Report,
and layover the ordinance for fmal reading and
2. Direct Planning Staff to prepare an amendment to the Development Code relating to
signage for neighborhood grocery stores.
Exhibits: 1
Planning Commission Staff Report dated January 23, 2001 (w/o
attachments)
Ordinance
2
--"
EXHIBIT 1
SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 01-01
3
01/23/0 I
Citywide
OWNER:
APPLICANT:
N/A
City of San Bernardino
300 No. "D" Street
San Bernardino Ca 92418
REQUEST/LOCATION:
This is a City-initiated request to amend Chapter 19.02, Section 19.02.050 (Definitions) and
Chapter 19.06, Section 19.06.020 Table 06.01 (Permitted Uses), Table 06.03 (Specific
Standards), and Section 19.06.030 (Development Standards) of the Development Code to
establish neighborhood grocery stores (with or without alcohol sales) as a permitted use
activity in various commercial land use districts subject to a Conditional Use Permit. This
amendment is applicable Citywide.
CONSTRAINTS/OVERLAYS:
. None
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt, Section 15061 (h)(3) General Rule
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
. Approval
o Conditions
o Denial
o Continuance to:
--I.,
Development Code Amendment No. 01-01
Hearing Date 01/23/01
Page 2
REOUEST AND PROJECT DESCRIPTION
This is a City-initiated request to amend the following provisions of the Development Code
These amendments will be applicable Citywide.
Chapter 19.02, Section 19.02.050, to add the following definitions:
Neil!hborhood Groce" Store A full service grocery store less than 15,000
square feet (with or without alcohol sales), that sells fresh fruit, vegetables, fresh
meat and fish, and has food prepared on site.
Soecialtv Food Store The retail sale of an exclusive product line (no alcohol
sales), with no more than 15 % of the gross floor area devoted to the sale ofrelated
accessory items.
Chapter 19.06, Section 19.06.020 Table 06.01 (I) (II) to add Neighborhood Grocery
Stores (with or without alcohol sales) as a permitted land use activity in various
conunercial land use districts subject to a Conditional Use Permit (attached).
Chapter 19.06, Section 19.06.020 Table 06.03 (P) to establish Standards for
neighborhood grocery stores (attached).
Chapter 19.06, Section 19.06.030 (P) to add the following Specific Development
Standards.
P. NEIGHBORHOOD GROCERY STORES
Neighborhood Grocery Stores (with or without alcohol sales) may be
established subject to a Conditional Use Permit and shall be operated in the
following manner:
I. A maximum of seventy-five (75) square feet of the sales area may be used
for the display or sale of alcohol.
2. The primary business must be a full service grocery store (fresh fruit,
vegetables, meat, and fish) with food preparation facilities on site.
3. No gasoline sales are allowed.
4. The hours of operation are limited to 7:00am to 9:00pm.
-J"
Development Code Amendment No. 01-01
Hearing Date 01/23/01
Page 3
*5. The sale of alcohol is limited to off-sale of beer and wine only, with no
single sales 8r IfIfIlt liEtl:l8m.
6. All parking shall comply with provisions of Chapter 19.24 (Off-Street
Parking).
7. All signage shall comply with the provisions of Chapter 19.22 (Sign
Standards).
8. Periodic inspections may be required.
BACKGROUND
The Legislative Review Committee discussed this topic and recommended to the Mayor and
Common Council that the Development Code be revised to establish neighborhood grocery
stores as a permitted land use subject to a Conditional Use Permit. On October 3, 2000, the
Mayor and Common Council directed staff to prepare this development code amendment.
A previous development code amendment established Specialty Food Stores as a permitted land
use. At that time, a definition was not added to the Development Code. This Development
Code Amendment will add a definition for Specialty Food Stores.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOAl
Article 5, Section 15061(b)(3) of the California Environmental Quality Act (CEQA) 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 to the Development Code only establishes neighborhood grocery stores
as a land use, Staff has determined that Development Code Amendment No. 01-01 is exempt
from the provisions of CEQA.
FINDINGS AND ANALYSIS
1. The proposed amendment is consistent with the General Plan.
Yes, the proposed Development Code Amendment is consistent with General Plan
Policy, 1.6.2 in that the General Plan establishes policies pertaining to control the
location and number of alcohol sales and the Development Code implements them.
* Amended by P.C. 01/23/01
--I..
Development Code Amendment No. 01-01
Hearing Date 01/23/0 I
Page 4
No, the proposed amendment to the Development Code establishes neighborhood
grocery stores as a permitted land use, subject to a Conditional Use Permit. Proposals
wilI be evaluated on a case-by-case basis to ensure there will be no impacts that wilI be
detrimental to the public interest, health, safety, convenience, or welfare of the City.
CONCLUSION
Development Code Amendment 01-01 is a request to amend Chapter 19.02, Section 19.02.050
(Definitions), Chapter 19.06, Section 19.06.020 Table 06.01 (Permitted Uses) and Table 06.03
(Special Standards), and Section 19.06.030 (Development Standards) of the Development Code
to establish neighborhood grocery stores (with or without alcohol sales) as a permitted use
activity in various commercial land use districts subject to a Conditional Use Permit.. This
Development Code Amendment has been determined to be exempt from the California
Enviromnental Quality Act and meets all necessary Findings of Fact for approval.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council approve Development Code Amendment No. 01-01 based on the Findings of Fact.
Respectfully submitted,
. . l !
it : I -/t-I;. /
:;(,.r..(..tLH"{..(..' t.' ",..~_. ..--
WILLIAM WOOLARD
Interim Director of Development Services
~ L.v.././a--.-R~
~oam!LLANDI
Associate Planner
Attachments: A - Development Code Chapter 19.06, Section 19.06.020 Table 06.01 (1)(11)
B - Development Code Chapter 19.06 Section 19.06.020 Table 06.03 (P)
--I.,
1
ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
3 CHAPTER 19.02 (DEFINITIONS) AND CHAPTER 19.06 (COMMERCIAL
DISTRICTS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
4 CODE) TO MODIFY TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND
STANDARDS FOR NEIGHBORHOOD GROCERY STORES.
5
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
7
8
9 19.06.020 Table 06.01 (I) (II) and Table 06.03 (P), and Section 19.06.030 (P) of the Municipal
10
11
12
SECTION 1. Chapter 19.02, Section 19.02.050, Definitions and Chapter 19.06, Sections
Code (Development Code) are amended to add definitions and modify tables and text related to
Neighborhood Grocery Store requirements and standards as shown in Exhibit A attached hereto
and incorporated herein by reference.
13 1/1/
14
1/11
15
16 II/I
17
18
19
20
21
22
23
24
25
26
27
28
1
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
CHAPTER 19.02 (DEFINITIONS) AND CHAPTER 19.06 (COMMERCIAL
2 DISTRICTS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT
3 CODE) TO MODIFY TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND
STANDARDS FOR NEIGHBORHOOD GROCERY STORES.
4
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
5
6 Common Council of the City of San Bernardino at a
7
8
9
10
11
meeting thereof, held
on the
day of
,2001, by the following vote to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
12 MCGINNIS
13 SCHNETZ
14 SUAREZ
15
ANDERSON
16
17 MC CAMMACK
18
19
20
21
22
23
City Clerk
The foregoing ordinance is hereby approved this
day of
2001.
JUDITH V ALLES, Mayor
City of San Bernardino
24 Approved as to form
and legal content:
25
26
JAMES F. PENMAN
City Attorney
27 By: ~,Ah ?/ev/~04"
28 {l
2
Exhibit A
BASIC PROVISIONS - 19.02
Microbrewery. A small scale production of beer, with or without food service, including on-site
storage and shipping of products produced on the premises; food service may be provided
ancillary to the use. MC 997 817/97
Mixed Use Development. The development of a parcel(s) or structure(s) with 2 or more
different land uses such as, but not limited to a combination of residential, office, manufacturing,
retail, public, or entertainment in a single or physically integrated group of structures.
Mobile Home. Same as "Manufactured Home", but subject to the National Manufactured
Housing Construction and Safety Act of 1974.
Mobile Vendor. An individual providing sales of retail and/or food items from a moveable cart
in a public place. MC 997 8/7/97
Motel. Guest rooms or suites occupied on a transient basis, with most rooms gaining access
from an exterior walkway.
Neighborhood Grocery Stores. A full service grocery store less than 15,000 square feet
(with or without alcohol sales) that sells fresh fruit, vegetables, meat and fISh, and has food
prepared on site.
Net Site Area. The total area within the lot lines of a parcel of land after public street easements
or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.
Nonconforming Structure. A structure which conformed to applicable laws when constructed
but does not conform to the provisions of this Development Code.
Nonconforming, megal. A structure, lot, or use which did not conform to applicable laws when
constructed or initiated, and does not conform to the provisions of this Development Code.
Nonconforming Lot. A lot, the area, frontage or dimensions of which do not conform to the
provisions of this Development Code.
Nonconforming Use. A use complying with applicable laws when established but does not
conform to the provisions of this Development Code.
Outdoor SaleslDisplays. A promotional sales event conducted by 1 or more businesses which is
held outside the confines of the commercial structure(s) in which such business is normally
conducted and which sale involves the outdoor display within a paved or concreted area on the
same lot as the structure(s) of merchandise which is normally displayed within the structure(s).
Sale events shall be conducted solely on private property and not encroach within public rights-
of-way. MC 972 7-4-96
Parcel. A parcel of land under one ownership that has been legally subdivided or combined and
is shown as a single parcel on the latest equalized assessment roll.
Parkway. The area of a public street that lies between the curb and the adjacent property line or
1-1
5/91
_.~;
BASIC PROVISIONS - 19.02
Sidewalk/Parking Lot Sale. A promotional sales event conducted by 1 or more businesses
which is held outside the confines of the commercial or manufacturing structure(s) in which such
business is normally conducted and which sale involves the outdoor display within a paved or
concreted area on the same lot as the structure(s) of merchandise which is normally displayed
within the structure(s). Sale events shall be conducted solely on private property and not
encroach within the public rights-of-way.
Single Room Occupancy (SRO) Facility. A cluster of 7 or more units within a newly
constructed residential hotel of weekly or longer tenancy providing sleeping or living facilities for
I or 2 persons per unit, in which sanitary facilities may be provided within the units, and cooking
facilities may be shared within the hotel. MC 809 10/8/91.
Slope. The degree of deviation of a surface from the horizontal, usually expressed in percent or
degrees.
Slope Percentage = Rise x 100 = %
Run
Slope Ratio = Run = (x) feet run to one foot rise = x: 1
Rise
% Grade 100% 50% 40% 33.3% 30% 25% 20% 15% 12% 10% 8% 6%
Degrees 45 26.6 21.8 18.4 16.7 14 11.3 8.5 6.8 5.7 4.6 3.4
Ratio 1:1 2:1 2.5:1 3:1 3.3:1 4:1 5:1 6.7:1 8.3:1 10:1 12.5: 1 16.7: 1
Small Lot Subdivision. Limited lot size subdivision (5,000 s.f. minimum lot size) for single
family detached dwellings.
Solar Facilities. The airspace over a parcel that provides access for a solar energy system to
absorb energy from the sun.
Specialty Food Stores The retail sale of an exclusive product line (no alcohol sales) with no
more than 15% of the gross floor area devoted to the sale of related accessory items.
1-2
5/91
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COMMERCIAL DISTRICTS - 19.06
P. NEIGHBORHOOD GROCERY STORES
Neighborhood Grocery Stores (with or without alcohol) may be established
subject to Conditional Use Permit and shall be operated in the following
manner:
1. A maximum of seventy-five (75) square feet of the sales area may be
used for the display or sale of alcohol.
2. The primary business must be a full service grocery store (fresh fruit,
vegetables, meat and fISh) with food preparation facilities on site.
3. No gasoline sales are allowed.
4. The hours of operation are limited to 7:00am to 9:00pm.
5. The sale of alcohol is limited to off-sale of beer and wine only, with no
single sales.
6. All parking shall comply with provisious of Chapter 19.24 (Off-Street
Parking).
7. All signage shall comply with the provisions of Chapter 19.22 (Sign
Shndards).
8. Periodic inspections may be required.
Q. RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS
Recycling facilities are subject to permit review in all commercial and industrial
land use districts according to the following schedule:
Type of Facility Districts Permitted Permit Required
Reverse Vending All Commercial and Development Permit and up
Machine(s) Industrial to 5 reverse vending
machines
Small Collection CG-I, CG-2, CR-3 (So. Development Permit
of 1-10) & All Industrial
Large Collection CH and All Industrial Conditional Use Permit
Light Processing All Industrial Conditional Use Permit
Heavy Processing All Industrial Conditional Use Permit
11-60
7/9']