SIGNIFICANT CHANGES IN PERFORMANCE CRITERIA SECTIONS: [The following is extracted from an annotated text of the draft ordinance presented by staff, 7/25/02; see file "072502perfcri-edit.txt".] 3.5.9.7(Large Retail Establishments) ADD language for no variances (or use OTHER OPTION: procedures) LOGIC: variances apply only to the by-right process, for which the few Criteria should be met in full. 3.5.9.7.A.1(Site) b. Redevelopment site, ... ?? may want to ADD SUBCATEGORIES, +/- existing LRE d. ...minimum depth of 500 ft ADD protection for residential developed in C-1/C-2 zones .. and is not residential use RESIST REDUCTION to smaller depth EXAMPLE: d. (P) Adjacent property is zoned commercial (C-1 or less restrictive) or industrial or is residentially zoned existing dedicated right-of-way for roadway, freeway, railroad, or wash **and is not residential use** for a minimum depth of five hundred (500) feet. 3.5.9.7.A.2(Vehicular Access) d. Secondary access... RESTORE, from CURRENT CODE: add at end of criterion: "provided it can be shown that any negative impacts on residential use or residentially zoned properties can be mitigated." 3.5.9.7.A.3(Setbacks).a(LRE) 4. Delivery and Loading Spaces Associated With a Large Retail Structure. LOGIC: setback same as LRE structure setback if enclosed, else LRE structure setback + 100 ft.; LOGIC: the clause "provided it is no closer than the allowable building setback" is in the current Code. LOGIC: Conflict involving above clause in the current Code resolved if intent is for unshielded D-L to be further from adj. property (e.g., 400 feet) than building (if building setback 300 feet). IMPORTANT NOTE: The discussion of this criterion, on 07/11/02, did not address this conflict. The current Code specifies the enclosed building location, as "no closer than the allowable building setback". The intent of the current Code is clear - if enclosed, Deliv/Load can be at the building setback. The conflict within the current Code is that the setback for unenclosed Deliv/Load is also the building setback - which is nonsense. We resolve in favor of greater (by 100 ft) setback for unenclosed Deliv/Load. Staff resolved the conflict ambiguously, by not specifying the location of the "enclosed building", which represents a new conflict, positional uncertainty, and new nonsense (e.g., location of enclosed Deliv/Load allowed to be anywhere up to the site boundary). EXAMPLE: (for 300 ft LRE structure setback) a. (P) **Four hundred (400)** feet from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way, unless located entirely within an enclosed building **provided it is no closer than the allowable building setback**. 5. Delivery Truck Parking Associated With a Large Retail Structure. LOGIC: as in CURRENT CODE: setback = LRE structure setback + 100 ft, unless main building between parking area and adjacent residential. LOGIC: with regard to truck parking with motors/refrig/generators *OFF*, the CURRENT CODE implies that it is the same area as for motors *ON*, which we accept as the correct reading. This statement is consistent with the El Con conditions. LOGIC: there is a conflict with Noise Abatement Section, which limits idling trucks (and other such vehicles) to time period 7a.m. to 6p.m. The time qualifier "nondelivery hours" is not needed. RESOLUTION: for all truck parking, setback = LRE structure setback + 100 ft, unless main building ... Thus simplify statement by deleting "during ... running". EXAMPLE: (for 300 ft LRE structure setback) a. (E) **Four hundred (400)** feet from residentially zoned or residentially developed property, other than residentially zoned property which is dedicated right-of-way, for parking of delivery trucks,**[qualifier deleted]** unless the main building is located between the truck parking area and the adjacent property. 6. Outdoor Sales Display/Ancillary Uses Associated With a Large Retail Structure, Including Seasonal and Outdoor Temporary Display. LOGIC: as in CURRENT CODE: setback = LRE structure setback + 50 ft. LOGIC: as in CURRENT CODE: use oriented away from adjacent residential NOTE: THIS IS THE POINT AT WHICH DISCUSSION OF CRITERIA STOPPED ON 07/11/02. EXAMPLE: (for 300 ft LRE structure setback) a. (E) **Three hundred fifty (350) feet and oriented to face away** from residentially zoned or residentially developed property, other than residentially zoned property that is dedicated right-of-way, unless a building is located between the activity and the adjacent property. 3.5.9.7.A.3(Setbacks).b(Other than LRE) 1-6. Change to Same as for LRE, for all-site application of LRE criteria. LOGIC: CURRENT ORD.: Intent was for application of LRE criteria to all new construction at site, with some phase-out of non-conforming. THUS THESE SECTIONS SHOULD SIMPLY BE SAME AS FOR LRE. 1-3. Keep as additional option for 1-3: "As required by the development designator for the zoning on the site." LOGIC: For residential adjacent to C-3 or higher zoning, may be ok to relax setbacks from that for LRE structure. 4-6. Add as additional option for 4-6: Setback = as required by development designator + (100,100,50) ft. + qualifier associated with LRE structure. LOGIC: For residential adjacent to C-3 or higher zoning, may be ok to relax setbacks from that for LRE structure. 4.b. DELETE as outrageous 3.5.9.7.A.4(Buffers).a(LRE) 1(Structures).b(Landscape Border). MINOR ADDITIONS NOTE: logical to CHANGE: .."twenty (20) to thirty (30)" ..TO .."no less than twenty-five (25)" NOTE: ADD: .. The project shall be responsible for maintenance of the landscape buffer. 4(Delivery..).b. DELETE, likely a typo 3.5.9.7.A.4(Buffers).b(Other than LRE) 1(Structures).b-c. ADD 3.5.9.7.A.4.a.1.b-c LOGIC: In which case 3.5.9.7.A.4.a == 3.5.9.7.A.4.b), as it should for all-site application of LRE criteria.) 3.5.9.7.A.5(Hours) a. Trash Collection.. DELETE qualifier: as part of scheduled trash collection. LOGIC: Qualifier makes no sense - unscheduled trash collection is just as intrusive and is likely not definable. Note that the El Con Ordinance does not have a qualifier. c-d. ADD: no business 10pm-7am LOGIC: All-night operation of warehouse scale business is intrusive and changes quality of life of neigborhood. Restriction on all-night operation is of prime importance to neighborhoods. 3.5.9.7.A.10(Lighting) ADD El Con specifications 3.5.9.7.A.12(Noise) REPLACE with new comprehensive Section, based on other noise ordinances and on discussion of Thomas Spendiarian. 3.5.9.7.A.13(Combination of Retail With Food..) REPLACE with section keeping 10% restriction for LRE with adjacent residential NOTE: Committee has already voted to remove for by-right development - RESIST FURTHER REDUCTION. LOGIC: many LUC-RELEVANT ARGUMENTS - listed separately 3.5.9.7.A.14-* NEW Performance Criteria Sections (texts in separate files): Vehicle Circulation Screen Walls (construction criteria) Nonconforming Uses (Phase out) structures: phase out: when structure extensively altered; outdoor storage, trash, deliv-load, outdoor sales/display: phase out: 5 years/when change in business using them. Grade Differentials: setbacks, buffers, etc Pre-Application Meetings Scaling for Size of LRE (Superstores) Parking for Transients (no RV "campsite") No Variances (change in Perf Crit or in Procedures Section) Supermajority Vote (change in Procedures Section) REPLACE following sections: Noise Abatement (indicated above; text separate) Combination of Retail ... (indicated above; text separate) ADD TO following sections: Outdoor Lighting (indicated above and specified in annotated text and also in separate text) Hours of Operation (indicated above and specified in annotated text and also in separate text)