ORDINANCE NO. 7,354 N.S.

Transcription

1 ORDINANCE NO. 7,354 N.S. AMENDING BERKELEY MUNICIPAL CODE SECTIONS 23F , 23E , 23E , 23E AND 23E TO DEFINE AND REGULATE DRUGSTORES BE IT ORDAINED by the Council of the City of Berkeley as follows: Section 1. Findings and purpose. 1. The City has for many years designated a limited number of neighborhood commercial zoning districts: C-N (Neighborhood Commercial 1 ), C-E (Elmwood), C-NS (North Shattuck), C-SO (Solano) and C-SA (South Area 2 ). 2. The purpose of these neighborhood commercial zoning districts is to implement Policies LU-26 and ED-4 of the City s General Plan: Policy ED-4 Neighborhood and Avenue Commercial Districts Provide programs and services to assist neighborhood and avenue commercial districts. (Also see Land Use Policies LU-26 and LU-27.) Actions: A. City efforts in neighborhood and avenue commercial zones should: 1. Assist with the retention and development of existing businesses or attract new businesses that serve local neighborhood needs. 2. Implement capital improvements and expand façade grants to restore original and historic facades. 3. Maintain adequate levels of police presence. 4. Maintain adequate street and sidewalk cleaning for all commercial districts. 5. Enhance the pedestrian orientation of all shopping districts. B. Maintain a diverse mix of commercial goods and services in the shopping districts. Use needs assessments to determine what basic goods and services are lacking, and establish criteria of appropriateness for neighborhood businesses that address the following issues: 1. Availability of basic goods and services that are affordable to local residents. 2. Local ownership. 3. Employment for local residents at living wages. 4. Environmental impact on adjacent neighborhoods and businesses, for example, traffic, noise, and air pollution. 1 The general C-N designation applies to a handful or very small neighborhood shopping areas consisting of one or two blocks, such as Hopkins near McGee, Claremont and Ashby, Alcatraz and College, Martin Luther King, Jr. Way and Virginia, Martin Luther King, Jr. Way and Rose, Hearst and Euclid, El Dorado and Hopkins, and Gilman near Curtis. 2 This refers to the southern parts of Shattuck, Sacramento and Adeline. Ordinance No. 7,354-N.S. Page 1 of 8

2 5. Impact on the viability of other business districts and quality of life in other neighborhoods in the city. Policy LU-26 Neighborhood Commercial Areas Maintain and improve Neighborhood Commercial areas, such as Elmwood, Solano, and North Shattuck, as pedestrian-friendly, visually attractive areas and ensure that Neighborhood Commercial areas fully serve neighborhood needs. (See Land Use Diagram for locations of Neighborhood Commercial areas. Also see Economic Development and Employment Policy ED-4 and Urban Design and Preservation Policy UD- 28.) Actions: A. Require ground-floor commercial uses to be oriented to the street and sidewalks to encourage a vital and appealing pedestrian experience. B. Ensure safe, well-lighted, wide walkways that are appropriately shaded for compatibility with upper-story residential units and adequate traffic signals for pedestrian street-crossings in commercial areas. C. Provide street trees, bus shelters, and benches for pedestrians in commercial areas. D. Provide bicycle facilities and ample and secure bicycle parking wherever appropriate and feasible. E. Maintain and encourage a wide range of community and commercial services, including basic goods and services. F. Encourage sensitive infill development of vacant or underutilized property that is compatible with existing development patterns. G. Control the design and operation of commercial establishments to ensure their compatibility with adjacent residential areas. H. Use design review and careful land use decisions to preserve the historic character of Neighborhood Commercial areas. 3. One of the defining characteristics of neighborhood commercial districts is the predominance of small, interesting and one-of-a-kind businesses in small storefronts and commercial spaces, frequently less than 5000 square feet, and often substantially less. The predominance of such spaces is one of the characteristics of neighborhood commercial districts that is responsible for their attractiveness and walkability, and which in turn results in the desirability of adjoining residential areas. 4. The City of Berkeley, with a population of approximately 110,000 and an area of 17.7 square miles (approximately 4.2 miles by 4.2 miles), has approximately 16 operating licensed pharmacies within its boundaries, as well as a number pharmacies near its borders. 5. Of the 16 pharmacies in Berkeley, 13 are owned and operated by national or regional chains: Walgreens, CVS, Pharmaca, Sutter Health and Kaiser Ordinance No. 7,354-N.S. Page 2 of 8

3 Permanente 3. The existing pharmacies range in size from approximately 3000 square to well over 10,000 square feet. 6. The number of pharmacies in Berkeley has increased noticeably in recent years, largely as a result of certain pharmacy chains opening stores in close proximity to each other in competition. In some areas of the City there are two or even three pharmacies within easy walking distance of each other, sometimes virtually down the block or across the street. In other areas there are no pharmacies. 7. The proliferation and concentration of similar stores in neighborhood shopping districts does not serve the larger population particularly well, and has had an adverse effect on the quality of those districts. As pharmacies locate in neighborhood commercial districts in close proximity to each other in order to compete with each other, they push out other businesses and lead to an overconcentration of a single use at the expense of the diversity of other uses that give the neighborhood commercial districts their unique characters and make them desirable. In addition, such overconcentration will inevitably lead to vacancies as one or the other competing business loses to its competitor and closes. 8. In addition, because the majority of existing commercial spaces in neighborhood commercial districts are small the proliferation of larger-floorplate uses, whether through combination of existing spaces or construction of new buildings not only displaces existing neighborhood serving businesses but also destroys the character and scale of the district. This in turn reduces the desirability of nearby residential areas, in turn leading to a reduced tax base. 9. The City Council is aware that discrimination against interstate commerce is impermissible, and expressly disclaims any desire to do so. Rather, the purpose of this ordinance is to protect the existing character of the City s neighborhood commercial districts. 10. For all of these reasons, the City Council determines that it is necessary and appropriate to adopt additional regulations to limit the proliferation and overconcentration of pharmacies in neighborhood commercial districts in order to implement the General Plan policies set forth above and the associated General Plan goals and zoning ordinance policies and to preserve the unique and valuable character of those districts. Section 2. That Berkeley Municipal Code Chapter 23F Definitions is amended to add the following definition: Drugstore: A retail establishment where the profession of pharmacy is practiced and/or where licensed prescription drugs, and general 3 The Kaiser pharmacy does not appear to be a retail operation, but rather an operation that serves Kaiser facilities. Ordinance No. 7,354-N.S. Page 3 of 8

4 merchandise are offered for sale. A Food Products Store with a pharmacy is not a Drugstore. Section 3. That Berkeley Municipal Code Section 23E , Uses Permitted, Retail Sales subsection of the table is amended to read as follows: Table 23E Use and Required Permits Use Classification Special Requirements (if any) Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales including liquor stores and wine shops Department Stores Over 3,000 s.f. Drugstores AUP As defined in Sub-title F, except otherwise listed. (Does not include Video Rental Stores) Includes sale for off-site consumption at restaurants A new or expanded Drugstore is prohibited if it is over 5000 square feet in Gross Floor Area, and within 1000 feet of any property containing an existing Drugstore, as measured by a straight line from the nearest point of the property line of the parcel on which the Drugstore is proposed to the nearest point of the property line of the parcel on which the nearest Drugstore is located. Firearm/Munitions Businesses Pawn Shops, including Auction Houses Pet Stores, including Sales and Grooming of Animals (but not Boarding) on any property devoted to residential use Smoke Shops if within 1,400 feet of a school or public park Ordinance No. 7,354-N.S. Page 4 of 8

5 Section 4. That Berkeley Municipal Code Section 23E , Uses Permitted, Retail Sales subsection of the table is amended to read as follows: Table 23E Use and Required Permits Use Classification Special Requirements (if any) Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales, including liquor stores and wine shops Department Stores Over 3,000 s.f. As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores). Also subject to numerical limitations listed in Table 23E Includes sale for off-site consumption at restaurants Drugstores A new or expanded Drugstore is prohibited if it is over 5000 square feet in Gross Floor Area, and within 1000 feet of any property containing an existing Drugstore, as measured by a straight line from the nearest point of the property line of the parcel on which the Drugstore is proposed to the nearest point of the property line of the parcel on which the nearest Drugstore is located. Firearm/Munitions Businesses Pawn Shops, including Auction Houses Pet Stores, including Sales and Grooming of Animals on any property devoted to residential use Does not include boarding of animals Smoke Shops if within 1,400 feet of a school or public park Ordinance No. 7,354-N.S. Page 5 of 8

6 Section 5. That Berkeley Municipal Code Section 23E , Uses Permitted Retail Sales subsection of the table is amended to read as follows: Table 23E Use and Required Permits Use Classification Special Requirements (if any) Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales, including liquor stores and wine shops Department Stores Over 3,000 s.f. As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores). Also subject to numerical limitations listed in Table 23E Includes sale for off-site consumption at restaurants Drugstores A new or expanded Drugstore is prohibited if it is over 5000 square feet in Gross Floor Area, and within 1000 feet of any property containing an existing Drugstore, as measured by a straight line from the nearest point of the property line of the parcel on which the Drugstore is proposed to the nearest point of the property line of the parcel on which the nearest Drugstore is located. Firearm/Munitions Businesses Pawn Shops, including Auction Houses Pet Stores, including Sales and Grooming of Animals (but not Boarding) on any property devoted to residential use Smoke Shops if within 1,400 feet of a school or public park Ordinance No. 7,354-N.S. Page 6 of 8

7 Section 6. That Berkeley Municipal Code Section 23E , Uses Permitted, Retail Sales subsection of the table is amended to read as follows: Table 23E Use and Required Permits Use Classification Special Requirements (if any) Retail Sales All Retail Sales Uses, except those listed below Alcoholic Beverage Retail Sales, including liquor stores and wine shops Department Stores Over 3,000 s.f. Drugstores As defined in Sub-title F, except otherwise listed (does not include Video Rental Stores) Includes sale for off-site consumption at restaurants A new or expanded Drugstore is prohibited if it is over 5000 square feet in Gross Floor Area, and within 1000 feet of any property containing an existing Drugstore, as measured by a straight line from the nearest point of the property line of the parcel on which the Drugstore is proposed to the nearest point of the property line of the parcel on which the nearest Drugstore is located. Firearm/Munitions Businesses Pawn Shops Pet Stores including Sales and Grooming of Animals (but not Boarding) on any property devoted to residential use Smoke Shops if within 1,400 feet of a school or public park Section 7. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation. * * * * * * Ordinance No. 7,354-N.S. Page 7 of 8

8 At a regular meeting of the Council of the City of Berkeley held on June 17, 2014 this Ordinance was passed to print and ordered published by posting by the following vote: Ayes: Noes: Absent: Anderson, Arreguin, Capitelli, Maio, Moore, Wengraf, Worthington, Wozniak and Bates. None. None. Ordinance No. 7,354-N.S. Page 8 of 8