A.

The city council, with the adoption of Urgency Ordinance No. 1005, did find and determine that convenience-type markets are high-risk businesses which require the utilization of large amounts of city-provided services, and that the need for these services may be reduced by the development of specific zoning requirements designed to regulate the location and operation of convenience-type markets.

B.

The intent of this chapter is to provide standards, procedures and guidelines for the regulation of the zoning aspects of convenience-type markets. Where a provision of any other ordinance of the city is inconsistent with any of the provisions hereof, this chapter shall control and supersede any such inconsistent provisions.

C.

The purposes of this chapter are to promote the visual attractiveness of convenience-type markets through the application of acceptable design standards, sign controls landscaping and other design requirements which affect the physical appearance of the site; to ensure the compatibility of convenience-type markets with neighboring commercial and residential land uses with respect to related on-site and offsite vehicular circulation patterns, access control, noise nuisances, litter and other potential negative impacts; and to develop a crime prevention plan for new proposed convenience-type markets designed to implement programs promoting employee and customer safety and the minimization of other related effects of crime upon the community through encouragement of adequate lighting and other security measures and programs as endorsed by the police department.

(Ord. 1038 (part), 1988)

A.

The provisions established by this chapter shall apply to the new development of or conversion of any existing building or structure into a convenience-type market either with or without concurrent sales of alcoholic beverages and automotive fuels.

B.

An expansion to, or remodeling of, an existing convenience-type market is not exempt from the provisions of this chapter and shall require approval of a conditional development permit by the planning commission.

(Ord. 1038 (part), 1988)

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:

A.

"Convenience-type market" means a retail establishment which contains more than one hundred square feet and less than five thousand square feet of gross floor area allocated for the sale of groceries, staples, dairy products, sundry items and/or alcoholic beverages. This category also includes a liquor store, within which all or the majority of the floor area for retail sales is allocated for the sale of alcoholic beverages.

B.

"Crime prevention plan" means a written implementation plan developed by the applicant in conjunction with the police department and approved by the police chief which outlines a crime prevention program and other safety enhancement measures to be incorporated into the development of, or conversion into, a proposed convenience-type market.

C.

Other Definitions. Other words and phrases in this chapter shall have the meanings ascribed to them in Chapter 18.04, Chapter 18.102, and any other pertinent sections in Title 18 of the city's municipal code.

(Ord. 1098 § 1, 1990; Ord. 1038 (part), 1988)

A.

Where a site conforming with the minimum site development standards set forth in Sections 18.106.060 and 18.106.070 is located within any commercially-designated zoning district of the city, a convenience-type market may be permitted subject to approval of a conditional development permit in accordance with provisions of Chapter 18.66 and subject to the following findings made by the planning commission precedent to the granting of such approval:

1.

The site for the proposed commercial use is adequate in size, shape topography, accessibility and other physical characteristics to accommodate the proposed commercial use and development in a manner compatible with adjacent existing and previously approved land uses.

2.

The development site has adequate access to those utilities and other services required for the proposed commercial use.

3.

The proposed commercial use will be arranged, designed, constructed and maintained so as to be compatible with the area as intended by the general plan.

4.

Potential adverse effects upon the surrounding properties will be minimized to the greatest extent practical and any remaining adverse effects are justified by the benefits conferred upon the neighborhood or community as a whole.

B.

A conditional development permit is required for the dispensing of automotive fuels for retail sale as a concurrent use with a convenience-type market in accordance with subdivision 1 of subsection C of Section 18.28.020. For the purpose of application and review, the conditional development permit applications for a convenience-type market and retail sale of automotive fuels may be combined into a single application; provided, however, that the permit for dispensing of automotive fuels shall also be approved by the city council.

C.

If the development and operation of an approved convenience-type market fails to conform with the final approved site plan, the implementation measures of the crime prevention plan and all other conditions of approval, the planning commission may initiate proceedings to revoke approval of the conditional development permit if compliance cannot be maintained.

(Ord. 1038 (part), 1988)

The following procedural steps shall be completed prior to the issuance of grading or building permits for the development of, or conversion into, a proposed convenience-type market:

A.

Environmental Review. An application for environmental review for the proposed convenience-type market shall be submitted to the community development department in accordance with the provisions of Chapter 18.70. Prior to approval of the conditional development permit for the proposed project, the environmental review and assessment process shall be completed as required by state law and the city's environmental review ordinance. At the time of submittal of the application for environmental review, the applicant shall also submit the following:

1.

A crime prevention plan, which is a written implementation program developed by the applicant in conjunction with the police department and approved by the police chief addressing the following issues:

a.

Measures to increase employee and customer safety,

b.

Enhanced security measures, including security lighting, approved alarm systems, and other crime prevention measures to be incorporated into the design and operation of the convenience-type market. As a part of the required security measures, video security cameras shall be installed within the building,

c.

Measures to control loitering,

d.

Any other crime-related measures required by the police department which are intended to mitigate the costs of city-provided services for the proposed convenience-type market.

The appropriate crime prevention measures endorsed by the police department will be incorporated into the design and approval of the project and implemented as conditions of approval of the conditional development permit and precise plan of design.

2.

An engineered traffic study which analyzes on-site and off-site vehicular traffic and circulation impacts anticipated to result from the proposed convenience-type market, and provides specific mitigation measures to be incorporated into the design and approval of the project. The requirement for the traffic study may be waived by the city's public works department for convenience-type markets to be located within an existing building in a multitenant commercial center and where no concurrent sale of automobile fuels is proposed by the applicant.

B.

Conditional Development Permit. Following completion of the environmental assessment review, the applicant shall submit a complete application package for conditional development permit in compliance with existing policies and requirements, and in accordance with the provisions of Section 18.106.040.

C.

Precise Plan of Design. Concurrent with the application for conditional development permit, the applicant shall submit a complete application for a precise plan of design with the community development department, which will review the precise plan of design and forward recommendations to the planning commission for incorporation into the conditional development permit.

(Ord. 1234 (part), 1995: Ord. 1038 (part), 1988)

(Ord. No. 1645, § 3, 7-14-20)

Notwithstanding the provisions of the applicable commercial zone convenience markets permitted under the provisions of Section 18.106.040 shall conform with the following development standards:

A.

Access Requirements.

1.

A site for a free-standing convenience market shall conform with the following requirements:

a.

The site shall have direct frontage along a major or secondary highway as designated on the city's master plan of streets and highways. If the site is a corner lot having frontage on two or more streets one of which is a major or secondary highway, the adjacent street may be a designated collector street on said master plan. The site shall not have direct frontage onto a local residential street.

b.

One access drive will be permitted for each street frontage of the site; provided, however, that the maximum number of street access drives shall not exceed two. The design and location of access drives will be approved by the planning commission based on review of the engineered traffic study in conjunction with the approval of the conditional development permit.

2.

If a convenience market is to be located within a multitenant commercial building, the access and circulation requirements shall conform with the development standards required by the planning commission in conjunction with approval of the conditional development permit.

B.

Site Requirements for a Free-standing Convenience Market. A site for a free-standing convenience-type market, with or without dispensing of automotive fuels, shall conform with the following minimum requirements:

1.

The site shall contain a net area of not less than twenty thousand square feet;

2.

The minimum lot frontage along a major or secondary highway shall be one hundred fifty feet;

3.

The minimum lot depth shall be one hundred fifty feet.

C.

Separation Distances Between Convenience Markets. There is no minimum separation distance required between convenience-type markets approved under the provisions of this chapter.

D.

Separation Distance From Schools. No convenience market approved under the provisions of Chapter 18.106 shall be located less than one thousand feet from the boundary of an existing elementary or junior high school, or proposed elementary or junior high school site as designated by the school district's board of education.

E.

Landscape Requirements.

1.

On a site for a free-standing convenience market, with the exception of drive locations, landscaped planter areas of a minimum twenty feet in width shall be installed along all street frontages of the site. All planted areas along the street frontage shall be either bermed at a slope of 1:3 (vertical to horizontal), or bordered by an ornamental masonry wall of not less than twelve inches, nor more than eighteen inches in height. The material used for the construction of raised planter areas shall be the same as that used on the exterior of the building, or other materials as approved by the planning commission.

2.

If a convenience market is proposed to be located within a multitenant commercial building, on-site landscaping shall be provided as required by the planning commission in conjunction with approval of the conditional development permit.

3.

For all convenience markets, one specimen tree (minimum twenty-four inch box) shall be provided for each street frontage within a planter in the general area of the convenience market building as approved by the planning division. All other on-site trees required to be planted by the planning division shall be of a minimum fifteen-gallon size and six feet in height.

F.

Setback Requirements

1.

The minimum setback of the convenience market building from the public Street right-of-way shall be either:

a.

Seventy-five feet if the front entrance of the building is oriented towards the street frontage(s);

b.

If the front (entrance) of the building is oriented away from the street frontage(s) the rear and side(s) of the building may be located twenty feet from the street right-of-way adjacent to the landscaped planter area required in subsection C of this section; provided that there is no vehicular parking or circulation areas located between the building and landscaped planter area(s);

c.

Pump islands for the purpose of dispensing automotive fuels shall be set back a minimum distance of thirty feet from the street right-of-way and all interior property lines;

d.

Canopies over the pump islands shall be set back a minimum distance of twenty feet from the street right-of-way and all interior property lines.

G.

Trash Receptacle Areas.

1.

One trash receptacle area, enclosed by a six-foot high gate and decorative masonry block walls, or other materials which are in harmony with the architecture of the convenience market, shall be provided on the site. The trash enclosure shall be designed to conform with city standards and be situated to minimize noise and visual intrusion on adjacent properties. The trash receptacle area shall not be placed within any required landscaped areas.

2.

A minimum of two additional exterior trash receptacles for employee and customer use shall be placed adjacent to pedestrian walkways.

H.

Lighting. Exterior lighting shall be placed and adjusted so as to create a safe and pleasant environment on the site. A minimum of one and one-half footcandles of light shall be provided as measured at the ground level, from the time period of one-half hour before sunset until one-half hour after sunrise. All lighting devices shall be equipped with weather and vandal-resistant covers. Lighting fixtures shall be so situated and shielded as not to direct or reflect lighting glare on adjacent properties or public rights-of-way.

I.

Parking Requirements.

1.

For a free-standing convenience market with concurrent sale of automotive fuels, the following parking requirements shall apply:

a.

A minimum of one off-street parking space shall be provided for each two hundred fifty square feet of gross floor area contained within the convenience market building. All off-street parking spaces shall be striped and consist of one approved disabled parking space, measuring fourteen feet in width and twenty feet in length with the remainder required parking spaces measuring nine feet in width and twenty feet in length.

b.

Parking areas located adjacent to fuel pump island shall not be used for the purpose of providing the minimum required off-street parking spaces.

c.

An additional off-street loading space shall not be required for freestanding convenience markets containing a gross floor area of five thousand square feet or less.

2.

For a freestanding convenience market without concurrent sale of automotive fuels and a convenience market located within a multitenant commercial building, the minimum parking requirements of the applicable commercial zoning for the site shall be provided.

3.

For all convenience markets, a bicycle rack designed to accommodate a minimum of six bicycles shall be installed in a convenient location visible from the inside of the store as approved by the planning department.

J.

Sign Requirements.

1.

On-site advertising signs for a convenience market shall conform with the sign requirements of the applicable commercial zoning designations of the site with the exception that temporary signs may be displayed within the window area of the convenience market in accordance with the following requirements:

a.

The total area of the displayed temporary window signs shall not exceed twenty-five percent of the total window area.

b.

The placement of temporary window signs shall be restricted to the upper thirty-six inches of the window area, and/or the bottom portion of the window area provided that no portion of the lower window signs shall exceed thirty-six inches above the floor level.

c.

The temporary signs within the window areas shall be arranged so that a constant, unobstructed view from the outside of the market window, all interior areas, particularly the cash register and counter areas, is maintained.

d.

The provisions for the use of temporary signs shall apply to all convenience markets within the city including those approved prior to the adoption of the ordinance codified in this subsection.

2.

In addition to the maximum advertising sign area permitted in subdivision I of this subsection, if dispensing of automotive fuels is permitted in conjunction with a convenience market use, an additional twenty-four square feet of sign area is permitted for the exclusive purpose of advertising the pricing of automotive fuels. The design and placement of fuel pricing signage shall conform with the applicable sign requirements for the zone.

3.

The following signs are specifically prohibited to be installed, placed or otherwise located on convenience market building or site:

a.

Tethered balloons, banners, flags and pennants, except for temporary advertising as specifically provided for in Section 18.102.050(A)(16);

b.

Temporary portable-type signs used for advertising which are placed on-site or within the public right-of-way;

c.

Temporary paper plastic or metal signs placed on the outside of the building or affixed to any other structure including fuel pumps and islands located on the convenience market site, with the exception that temporary signs in window areas are permitted as allowed in Section 18.106.060(J)(1).

K.

Concurrent Sale of Alcoholic Beverages and Automotive Fuels. If concurrent sale of alcoholic beverages and automotive fuels are proposed in conjunction with the convenience market use, the following additional requirements shall apply:

1.

No beer or wine shall be displayed within ten feet of the cash register or front door unless located within a permanently affixed cooler.

2.

No display or sale of beer or wine shall be made from an ice tub.

3.

No beer or wine advertising shall be located on fuel pump islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows which is visible from the exterior of the building.

4.

Employees on duty who sell beer and wine must be at least twenty-one years of age.

L.

Requirements for Restrooms and Automotive Services.

In convenience markets which also dispense automotive fuels for retail sale, the following additional services shall be provided:

1.

One restroom for women and one restroom for men shall be provided and continuously maintained for the use by customers and employees. If restroom entrances open directly to the outside of the building, the restroom entrances shall be screened from view from adjacent properties and public rights-of-way by decorative structural screening as approved by the planning division.

2.

Hoses conveying air and water for the service of automotive vehicles shall be provided and continuously maintained in an accessible location as approved by the planning division.

M.

Architectural Requirements.

1.

The architecture of a convenience market shall be designed to reflect a theme approved by the planning commission which will be an asset to the area under consideration and will not cause other structures and property in the local environment to materially depreciate in appearance and value.

2.

On free-standing convenience markets, a mission-type tile or concrete shake covered mansard roof shall be provided extending along all sides of the building. If the sale of automotive fuels is proposed in conjunction with the convenience market, a canopy shall be installed above the fuel pump islands and adjacent parking areas which is designed to be harmonious with the architecture of the building and which also incorporates a mansard roof along all sides of the canopy structure.

3.

On convenience markets located within multitenant commercial buildings, the architectural design shall be harmonious with the theme established in the commercial center; provided, however, that the planning commission may require additional architectural improvements as deemed appropriate for the areas in conjunction with approval of the conditional development permit.

4.

All roof-mounted equipment and other roof appurtenances shall be completely screened from view of adjacent properties by the required mansard roof or other screening materials as approved by the planning commission.

5.

If the convenience market site is adjacent to an administrative-professional, office, or residential zone or other noncommercial land use, a minimum six-foot high decorative masonry block wall shall be provided along the property line adjacent to such zone or use. The design of the required wall will be approved by the planning commission in conjunction with approval of the conditional development permit.

N.

Loiter Control.

1.

Public pay telephones provided on the site of the convenience market shall not be set up for incoming calls. Public telephones shall be featured with call-out service only.

2.

No video games may be installed or operational on the premises of the convenience market, except as permitted by state law.

3.

All adult oriented magazines shall be wrapped and displayed in accordance with city ordinances.

O.

Litter Control and Maintenance. The business licensee for the convenience market shall be responsible to provide the following:

1.

A litter control program shall be established for the purpose of reducing litter both on the convenience market site and minimizing the resultant impacts of litter on properties adjacent to the site.

2.

A building maintenance program shall be established for the purpose of maintaining the building structures and landscaping on site in good physical appearance.

3.

If the business licensee for the convenience market does not adequately provide for on-site litter control and property maintenance, the planning commission may initiate proceedings to review the violations and complaints with the property owner. If the complaint or violations are not resolved, the planning commission may initiate proceedings to revoke the conditional development permit for the convenience market.

(Ord. 1277 § 1, 1998; Ord. 1234 (part), 1995: Ord. 1054 § 1, 1989; Ord. 1038 (part), 1988)

An existing automotive service station site may be converted into a convenience market site with or without concurrent sale of automotive fuels, only in accordance with the following provisions:

A.

The existing service station buildings and all other existing structures shall be demolished and removed from the site. The construction of the new convenience market shall conform with the provisions of this chapter and the plan for development approved by the planning commission in conjunction with the approval of the conditional development permit.

B.

In such cases where it can be demonstrated that existing site and structures may be modified to provide adequate on-site parking vehicular circulation, landscaping and architectural design in conformance with the provisions of this chapter, the planning commission may consider the waiver of this requirement and approval of a partial or complete conversion of an existing automotive service station into a convenience market use.

(Ord. 1038 (part), 1988)

The city declares that, should any section, paragraph, sentence or word of the ordinance codified in this chapter be declared for any reason to be held invalid, it is the intent of the city that it would have passed and adopted all other portions of the ordinance codified in this chapter independent of the elimination herefrom of any such portion as may be declared invalid.

(Ord. 1038 (part), 1988)