Benicia, CA Regulation of Formula Businesses

Type: Resolution

Status: Adopted on 3/8/07

Vote: In Favor - 4 Opposed - 0 Absent - 3

Source File: http://www.ci.benicia.ca.us/councilagendas/reports/VIII_B_ord-formulabus-reso.pdf

Text:

RESOLUTION NO. 07-7 (PC)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BENICIA RECOMMENDING CITY COUNCIL CONSIDERATION OF AN ORDINANCE TO REGULATE FORMULA BUSINESSES

WHEREAS, at its February 20, 2007 meeting, the City Council received public comment and considered an ordinance to regulate formula businesses; and

WHEREAS, the City Council has directed the Planning Commission to offer its recommendation regarding a potential ordinance to regulate formula businesses; and

WHEREAS, at its February 28, 2007 meeting, the Economic Development Board considered the draft formula businesses ordinance and adopted a motion in favor of limiting the number of operations of any particular formula business in the combined First Street and Solano/Davies Square area; and

WHEREAS, the Planning Commission at a regular meeting on March 8, 2007, conducted a hearing, heard public comment and reviewed the proposed ordinance and staff report.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Benicia finds that:

a. The proposed text amendment is consistent with General Plan Goal 2.1: “Preserve Benicia as a small-sized City” and Policy 2.1.1 as follows.

b. The proposed text amendment is consistent with all applicable provisions of the Zoning Ordinance.

c. A formula business ordinance would be categorically exempt from environmental review by California Environmental Quality Act Guidelines Section 15308, which excludes actions by regulatory agencies to protect the environment.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Benicia recommends City Council consideration of the proposed ordinance shown in the attached Exhibit A. (Note: Exhibit A is not attached to the source file.)

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From the City of Benicia Municipal Code:

17.70.350 Formula businesses.

In the combined CD district and Solano/Davies Square areas (bounded by Military, N and West and East Second Streets), no more than one establishment of any particular formula business shall be allowed. Approval of a use permit for a formula business requires that the planning commission find that the proposed establishment will:

A. Complement existing uses and enhance the economic health of the surrounding area;

B. Be operated in a nonobtrusive manner that preserves the city’s or area’s distinctive character, ambiance, and small-sized city and historic nature;

C. Not result in a concentration of formula businesses in the vicinity or citywide;

D. Promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;

E. Contribute to an appropriate balance of local, regional or national-based businesses and small, medium and large-sized businesses in the community; and

F. Avoid an appearance commonly associated with strip retail or shopping centers.