August 30, 2007
NOTE TO FILE:
Correction to Ordinance 018-07CS, page 1, paragraph 1, reference to date of Planning Commission meeting. The correct date is May 10, 2007 as confirmed by the Planning Department and approved for correction by the City Attorney, email of 8/29/07.
KATHERINE GONG MEISSNER
CITY Clo/
ByiW2��
Deputy Clerk
ATTACHMENT A
ORDINANCE NO. 0 1 8 - 0 7 C
1 .S.
AN ORDINANCE AMENDING CHAPTER 16 OF THE STOCKTON MUNICIPAL CODE BY AMENDING TABLE 2-2 AND SECTIONS 16-230.090.C, 16-230.100, 16- 230.110.E, AND 16-800.020 REGULATING AND LIMITING WAREHOUSE RETAIL STORES WITH REGARD TO DISCOUNT SUPERSTORES.
ltJeiY
WHEREAS, the City Planning Commission, at its meeting of May -rt-; 2007, denied a City-Initiated Code Amendment limiting warehouse retail stores in the City of Stockton; and
WHEREAS, pursuant to the provisions of Section 16-450.040 of the Stockton Municipal Code, Brad Venable, member of the Protect Weston Ranch Coalition, appealed the Planning Commission's decision to deny a Code Amendment to limit warehouse retail stores in the City of Stockton; and
WHEREAS, the City Council held a public hearing on August 14, 2007, regarding the above-mentioned appeal of the Planning Commission's decision; and WHEREAS, the City Council voted 6-1 to approve the appeal and overturn the Planning Commission's decision to deny the Code Amendment (CA2-07) to limit warehouse retail stores in the City of Stockton based upon the following findings:
1. The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code;
2. The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City;
3. The proposed amendment would be internally consistent with other applicable provisions of this Development Code;
4. The proposed amendment would help to protect the long-term economic viability of neighborhood commercial centers (grocery-based anchor tenants could close down, resulting in increased vacancy rates and general physical deterioration or blight of the center as a whole).
5. The proposed amendment would help to reduce traffic congestion, including cross-town traffic, and its associated air pollution. g1y\.;,
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[M1'W. AUS 1 5 ZOO!
Discount Superstores
1 8/14/07
SCANNED
ATTACHMENT A
6. The proposed amendment would help to maintain viable transportation patterns and help to prevent increased vehicle trips.
7. The adoption of the Ordinance is exempt from CEQA under various CEQA Guidelines. These Guidelines include Sections 15061 (b)(3) (project exempt where there is no possibility that it would have a significant effect on the environment), 15305 (project exempt where it is only a minor alteration in land use limitations), and 15308 (action by a regulatory agency to protect the environment). Also, additional environmental review of the Ordinance is not required under CEQA because the City already prepared a program Environmental Impact Report (EIR4-88) for its General Plan, and the City's adoption of the Ordinance is within the scope of the Program EIR; Guidelines Sections 15183 and 15168 each provide independent authority for relying upon the General Plan EIR for the adoption of the Ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:
SECTION I. AMENDMENT OF CODE
Chapter 16, Division 16-220, section 16-220.20 of the Stockton Municipal Code is hereby amended to add Warehouse Retail Stores to Table 2-2 and shall read as follows:
Table 2-2 - Allowable Land Uses and Permit Requirements Warehouse retail stores - Specific use standards: 16-230.090, 100, 11 O; 16- 365.310
SECTION 11. AMENDMENT OF CODE
Chapter 16, Section 16-230.090 of the Stockton Municipal Code is hereby amended and shall read as follows:
16-230.090 - CG (Commercial, General) Zoning District Standards The following standards shall apply to land uses and development within the CG (Commercial, General) zoning district.
A. Indoor use requirement and exceptions. Proposed development and new land uses within the CG (Commercial, General) zoning district shall be conducted entirely within an enclosed structure, except that:
2 Discount Superstores 8/14/07
ATTACHMENT A
1. Storage and sales areas may be located outside if screened from the visible rights-of-way and/or are in compliance with the requirements for Outdoor Display and Sales (16-365.230).
2. Outdoor dining shall be allowed in compliance with 16-365.220 (Outdoor Dining and Seating Areas).
B. Motion picture theaters - Limitation on use. Motion picture theaters located in the CG zoning district shall contain no more than five viewing screens or 499 total seats, including new construction, expansion, conversion, or renovation of a theater of more than five viewing screens or 500 or more total seats or any other structure existing on the same or adjoining parcels or within 1000 feet of another theater.
C. Warehouse Retail Stores - Limitation on use. Warehouse retail stores located in the CG zoning district that devote ten percent or more of the total sales floor area to the sale of non-taxable merchandise shall contain no more than 100,000 square feet of gross floor area, except for stores charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee.
SECTION 111. AMENDMENT OF CODE
Chapter 16, Section 16-230.100 of the Stockton Municipal Code is hereby amended and shall read as follows:
16-230.100 - CD (Commercial, Downtown) Zoning District Standards The following standard shall apply to land uses and development within the CD (Commercial, Downtown) zoning district.
Warehouse Retail Stores - Limitation on use. Warehouse retail stores located in the CD zoning district that devote ten percent or more of the total sales floor area to the sale of non-taxable merchandise shall contain no more than 100,000 square feet of gross floor area, except for stores charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee. Warehouse retail stores shall not be subject to the requirements for Shopping Centers and Large-Scale Commercial Retail Uses (16-365.310).
SECTION IV. AMENDMENT OF CODE
Chapter 16, Section 16-230.110 of the Stockton Municipal Code is hereby amended and shall read as follows:
3 Discount Superstores 8/14/07
ATTACHMENT A
16-230.110 - CL (Commercial, Large-Scale) Zoning District Standards The following standards shall apply to land uses and development within the CL (Commercial, Large-Scale) zoning district:
A. Minimum site area. The CL zoning district shall only be applied to a site with a minimum area of 25 acres. If an existing developed site in the CL zoning district is less than 25 acres, the structures may be added to, enlarged, extended, reconstructed, relocated, or structurally altered in compliance with 16-750.040.D.3 (Provisions for Nonconforming Uses, Structures, and Parcels - Substandard Parcels or Zoning District Areas).
B. Use Permit requirement. A Project Plan in compliance with 16-365.310.C (Shopping Centers and Large-Scale Commercial Retail Uses - Shopping Center Project Plan) showing the entire proposed development for the project site shall be submitted for approval as part of a Commission Use Permit in compliance with Division 16-575 (Use Permit) for the original project. All development on the project site shall be in compliance with the Project Plan.
C. Indoor use requirements and exceptions. Proposed development and new land uses within the CL (Commercial, Large-Scale) zoning district shall be conducted within enclosed structures, except for:
1. Automotive service stations (fueling stations), parking lots, and outdoor advertising signs;
2. Storage and sales areas if screened from the visible rights-of-way and/or are in compliance with the requirements for Outdoor Display and Sales (16- 365.230);
3. Outdoor dining in compliance with 16-365.220 (Outdoor Dining and Seating Areas);
4. Promotional activities in compliance with the Use Permit and 16-230-110.E, below; and
5. Mobile vendors and kiosks as defined in Article 8 (Definitions).
D. Motion picture theaters - Limitation on use. Motion picture theaters located in the CL zoning district shall contain no more than five viewing screens or 499 total seats, including new construction, expansion, conversion, or renovation of a theater of more than five viewing screens or 500 or more total seats or any other structure existing on the same or adjoining parcels or within 1000 feet of another theater.
E. Warehouse Retail Stores - Limitation on use. Warehouse retail stores located in the CL zoning district that devote ten percent or more of the total sales floor area 4 Discount Superstores 8/14/07
ATTACHMENT A
to the sale of non-taxable merchandise shall contain no more than 100,000 square feet of gross floor area, except for stores charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee.
F. Shopping center promotional activity. Outdoor promotional activities, including carnivals, fairs, festivals, flea markets, food events, fund-raisers, haunted houses, outdoor entertainment/ sporting events, public relations activities, vehicle/motorcycle/recreational vehicle shows, rummage sales, second hand sales, and other similar events designed to attract large crowds may be held by shopping centers in compliance with the following:
1. The total length of the promotional activity (from setting up to taking down any promotional structures) shall be no more than 96 hours;
2. The location of the promotional activity is:
a. At least 300 feet from any residentially zoned property; and b. Consistent with the Use Permit for the shopping center;
3. Does not create objectionable dust, noise, odors, smoke, vibrations, or similar actions beyond the level of ordinary neighborhood retail establishments and the requirements of Division 16-305 (General Performance Standards); and
4. The Chief of Police is notified at least 21 days before the promotional activity.
SECTION V. AMENDMENT OF CODE
Chapter 16, Section 16-800.020 of the Stockton Municipal Code is hereby amended to add the following definitions and shall read as follows:
16-800.020 - Definitions of Specialized Terms and Phrases Discount Superstores. General retail stores that contain a full service grocery department under the same roof that shares entrances and exits with the rest of the store area, exceed 100,000 square feet of gross "sales floor area," and devote at least ten percent of the total sales floor area to the sale of "non-taxable merchandise." See Division 16-230.
Non-taxable merchandise. Products, commodities, or items the sale of which is not subject to California State sales tax.
Sales floor area. Interior building space devoted to the sale of merchandise; it does not include restrooms, office space, storage space, automobile service area, open-air garden sales space, or outdoor sales areas. 5 Discount Superstores 8/14/07
ATTACHMENT A
Warehouse Retail Stores (land use). General merchandise retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may or may not be required to pay membership fees. These stores usually offer a variety of customer services, centralized cashing, and a wide range of products. They usually maintain long store hours seven days a week. Includes big box retail facilities, discount stores, club stores, membership stores, and "discount superstores" (see Division 16-230). Does not include the sale or rental of motor vehicles ("Auto and Vehicle Sales, Leasing, and Rental New"; "Auto and Vehicle Sales, Leasing, and Rental - Used"); the sale of construction and building materials ("Building materials stores"); Department stores ("Retail, General").
SECTION VI. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: AUG l 4 2007
EFFECTIVE: �S�E�P _1_3_2_00_7 __
ATTEST:
::ODMA\GRPWISE\COS.CDD.CDD_library:61129.1
6 Discount Superstores 8/14/07
ATTACHMENT A
ORDINANCE NO. o 1 s -o 7 -C1.s.
AN ORDINANCE AMENDING CHAPTER 16 OF THE STOCKTON MUNICIPAL CODE BY AMENDING TABLE 2-2 AND SECTIONS 16-230.090.C, 16-230.100, 16- 230.110.E, AND 16-800.020 REGULATING AND LIMITING WAREHOUSE RETAIL
STORES WITH REGARD TO DISCOUNT SUPERSTORES.
WHEREAS, the City Planning Commission, at its meeting of May 21, 2007, denied a City-Initiated Code Amendment limiting warehouse retail stores in the City of Stockton; and
WHEREAS, pursuant to the provisions of Section 16-450.040 of the Stockton Municipal Code, Brad Venable, member of the Protect Weston Ranch Coalition, appealed the Planning Commission's decision to deny a Code Amendment to limit warehouse retail stores in the City of Stockton; and
WHEREAS, the City Council held a public hearing on August 14, 2007, regarding the above-mentioned appeal of the Planning Commission's decision; and WHEREAS, the City Council voted 6-1 to approve the appeal and overturn the Planning Commission's decision to deny the Code Amendment (CA2-07) to limit warehouse retail stores in the City of Stockton based upon the following findings:
1. The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code;
2. The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City;
3. The proposed amendment would be internally consistent with other applicable provisions of this Development Code;
4. The proposed amendment would help to protect the long-term economic viability of neighborhood commercial centers (grocery-based anchor tenants could close down, resulting in increased vacancy rates and general physical deterioration or blight of the center as a whole).
5. The proposed amendment would help to reduce traffic congestion, including cross-town traffic, and its associated air pollution. 1 Discount Superstores 8/14/07
ATTACHMENT A
6. The proposed amendment would help to maintain viable transportation patterns and help to prevent increased vehicle trips.
7. The adoption of the Ordinance is exempt from CEQA under various CEQA Guidelines. These Guidelines include Sections 15061 (b)(3) (project exempt where there is no possibility that it would have a significant effect on the environment), 15305 (project exempt where it is only a minor alteration in land use limitations), and 15308 (action by a regulatory agency to protect the environment). Also, additional environmental review of the Ordinance is not required under CEQA because the City already prepared a program Environmental Impact Report (EIR4-88) for its General Plan, and the City's adoption of the Ordinance is within the scope of the Program EIR; Guidelines Sections 15183 and 15168 each provide independent authority for relying upon the General Plan EIR for the adoption of the Ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:
SECTION I. AMENDMENT OF CODE
Chapter 16, Division 16-220, section 16-220.20 of the Stockton Municipal Code is hereby amended to add Warehouse Retail Stores to Table 2-2 and shall read as follows:
Table 2-2 - Allowable Land Uses and Permit Requirements Warehouse retail stores - Specific use standards: 16-230.090, 100, 11 O; 16- 365.310
SECTION 11. AMENDMENT OF CODE
Chapter 16, Section 16-230.090 of the Stockton Municipal Code is hereby amended and shall read as follows:
16-230.090 - CG (Commercial, General) Zoning District Standards The following standards shall apply to land uses and development within the CG (Commercial, General) zoning district.
A. Indoor use requirement and exceptions. Proposed development and new land uses within the CG (Commercial, General) zoning district shall be conducted entirely within an enclosed structure, except that:
2 Discount Superstores 8/14/07
ATTACHMENT A
1. Storage and sales areas may be located outside if screened from the visible rights-of-way and/or are in compliance with the requirements for Outdoor Display and Sales (16-365.230).
2. Outdoor dining shall be allowed in compliance with 16-365.220 (Outdoor Dining and Seating Areas).
8. Motion picture theaters - Limitation on use. Motion picture theaters located in the CG zoning district shall contain no more than five viewing screens or 499 total seats, including new construction, expansion, conversion, or renovation of a theater of more than five viewing screens or 500 or more total seats or any other structure existing on the same or adjoining parcels or within 1000 feet of another theater.
C. Warehouse Retail Stores - Limitation on use. Warehouse retail stores located in the CG zoning district that devote ten percent or more of the total sales floor area to the sale of non-taxable merchandise shall contain no more than 100,000 square feet of gross floor area, except for stores charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee.
SECTION 111. AMENDMENT OF CODE
Chapter 16, Section 16-230.100 of the Stockton Municipal Code is hereby amended and shall read as follows:
16-230.100 - CD (Commercial, Downtown) Zoning District Standards The following standard shall apply to land uses and development within the CD (Commercial, Downtown) zoning district.
Warehouse Retail Stores - Limitation on use. Warehouse retail stores located in the CD zoning district that devote ten percent or more of the total sales floor area to the sale of non-taxable merchandise shall contain no more than 100,000 square feet of gross floor area, except for stores charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee. Warehouse retail stores shall not be subject to the requirements for Shopping Centers and Large-Scale Commercial Retail Uses (16-365.310).
SECTION IV. AMENDMENT OF CODE
Chapter 16, Section 16-230.110 of the Stockton Municipal Code is hereby amended and shall read as follows:
3 Discount Superstores 8/14/07
ATTACHMENT A
16-230.110 - CL (Commercial, Large-Scale) Zoning District Standards The following standards shall apply to land uses and development within the CL (Commercial, Large-Scale) zoning district:
A. Minimum site area. The CL zoning district shall only be applied to a site with a minimum area of 25 acres. If an existing developed site in the CL zoning district is less than 25 acres, the structures may be added to, enlarged, extended, reconstructed, relocated, or structurally altered in compliance with 16-750.040.D.3 (Provisions for Nonconforming Uses, Structures, and Parcels - Substandard Parcels or Zoning District Areas).
B. Use Permit requirement. A Project Plan in compliance with 16-365.310.C (Shopping Centers and Large-Scale Commercial Retail Uses - Shopping Center Project Plan) showing the entire proposed development for the project site shall be submitted for approval as part of a Commission Use Permit in compliance with Division 16-575 (Use Permit) for the original project. All development on the project site shall be in compliance with the Project Plan.
C. Indoor use requirements and exceptions. Proposed development and new land uses within the CL (Commercial, Large-Scale) zoning district shall be conducted within enclosed structures, except for:
1. Automotive service stations (fueling stations), parking lots, and outdoor advertising signs;
2. Storage and sales areas if screened from the visible rights-of-way and/or are in compliance with the requirements for Outdoor Display and Sales (16- 365.230);
3. Outdoor dining in compliance with 16-365.220 (Outdoor Dining and Seating Areas);
4. Promotional activities in compliance with the Use Permit and 16-230-11 O.E, below; and
5. Mobile vendors and kiosks as defined in Article 8 (Definitions).
D. Motion picture theaters - Limitation on use. Motion picture theaters located in the CL zoning district shall contain no more than five viewing screens or 499 total seats, including new construction, expansion, conversion, or renovation of a theater of more than five viewing screens or 500 or more total seats or any other structure existing on the same or adjoining parcels or within 1000 feet of another theater.
E. Warehouse Retail Stores - Limitation on use. Warehouse retail stores located in the CL zoning district that devote ten percent or more of the total sales floor area 4 Discount Superstores 8/14/07
ATTACHMENT A
to the sale of non-taxable merchandise shall contain no more than 100,000 square feet of gross floor area, except for stores charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee.
F. Shopping center promotional activity. Outdoor promotional activities, including carnivals, fairs, festivals, flea markets, food events, fund-raisers, haunted houses, outdoor entertainment/ sporting events, public relations activities, vehicle/motorcycle/recreational vehicle shows, rummage sales, second hand sales, and other similar events designed to attract large crowds may be held by shopping centers in compliance with the following:
1. The total length of the promotional activity (from setting up to taking down any promotional structures) shall be no more than 96 hours;
2. The location of the promotional activity is:
a. At least 300 feet from any residentially zoned property; and b. Consistent with the Use Permit for the shopping center;
3. Does not create objectionable dust, noise, odors, smoke, vibrations, or similar actions beyond the level of ordinary neighborhood retail establishments and the requirements of Division 16-305 (General Performance Standards); and
4. The Chief of Police is notified at least 21 days before the promotional activity.
SECTION V. AMENDMENT OF CODE
Chapter 16, Section 16-800.020 of the Stockton Municipal Code is hereby amended to add the following definitions and shall read as follows:
16-800.020 - Definitions of Specialized Terms and Phrases Discount Superstores. General retail stores that contain a full service grocery department under the same roof that shares entrances and exits with the rest of the store area, exceed 100,000 square feet of gross "sales floor area," and devote at least ten percent of the total sales floor area to the sale of "non-taxable merchandise." See Division 16-230.
Non-taxable merchandise. Products, commodities, or items the sale of which is not subject to California State sales tax.
Sales floor area. Interior building space devoted to the sale of merchandise; it does not include restrooms, office space, storage space, automobile service area, open-air garden sales space, or outdoor sales areas. 5 Discount Superstores 8/14/07
ATTACHMENT A
Warehouse Retail Stores (land use). General merchandise retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may or may not be required to pay membership fees. These stores usually offer a variety of customer services, centralized cashing, and a wide range of products. They usually maintain long store hours seven days a week. Includes big box retail facilities, discount stores, club stores, membership stores, and "discount superstores" (see Division 16-230). Does not include the sale or rental of motor vehicles ("Auto and Vehicle Sales, Leasing, and Rental New"; "Auto and Vehicle Sales, Leasing, and Rental - Used"); the sale of construction and building materials ("Building materials stores"); Department stores ("Retail, General").
SECTION VI. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: AUG 1 4 2007
EFFECTIVE: �S�E�P _1_3_2_00_7 __
ATTEST:
::ODMA\GRPWISE\COS.CDD.CDD_Library:61129.1
6 Discount Superstores 8/14/07
ATTACHMENT A