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ClT$lOF SAN .BRNARDINc9 - RBQ,B~T FOR COUNCIL ~CTION
. Appeal of Planning Commission's Interpre-
Subject: tation of "Swap Meet" Business at 580
Inland Center Drive
~m: Larry E. Reed, Director
Dept: Planning and Building Services
Date: September 6, 1990
Mayor and Common Council Meeting
September 17, 1990, 2:00 p.m.
Synopsis of Previous Council action:
On August 21, 1990, the Planning Commission by a 3 to 2 vote made an interpretation
that Union Discounts Limited was a use that required a Conditional Use Permit as a
"swap meet".
No previous Council action.
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Recommended motion:
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That the hearing be closed; and, that the Mayor and Council deny the appeal and require
that the proposed use at 580 Inland Center Drive obtain a Conditional Use Permit.
(Supports Staff Recommendation and Planning Commission's Action.)
OR
That the hearing
require that the
building permit.
be closed; and, that the Mayor and Council uphold the appeal and
proposed use at 580 Inland Center Drive be allowed to proceed with a
<'""'''' Ap,.l1",'. ",""t.) ~ r /e../
, V Signature
Larry E. Reed
Contact person: Larry E. Reed
Supporting data attached: Staff Report
Phone: 384-5357
Ward: 3
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FUNDING REQUIREMENTS:
Amount:
Source: IAcct. No.l
(Acct. DescriDtionl
Finance :
oneil Notes:
75-0262
Agenda Item NO~
CITyC'dF SAN BBRNARDINcR. RBc2BST FOR COUNCIL iTION
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STAFF REPORT
Subject:
Appeal of Planning Commission's Interpretation of
"Swap meet" Business at 580 Inland Center Drive
REOUEST
The appellant, John Lightburn, is appealing the Planning
Commission's determination that a proposed project named
Union Discounts Limited is a "swap meet" and, therefore, is
subject to the requirement of obtaining a Conditional Use
Permit. The appellant requests that the Mayor and Council
reconsider this determination and reverse the determination
made by the Planning Commission (See Appeal Letter - Exhibit
A)
BACKGROUND
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Union Discounts Limited is a proposal to establish an indoor
retail store of individual vendors who lease open areas for
the sale of new merchandise at 580 Inland Center Drive. A
building permit was applied for and issued on June 28, 1990,
for tenant improvements. The permit application made no
reference or indication that the intended use was for tenant
improvements for an "indoor swap meet". During inspections
the proposed use was identified, and the issue of whether or
not the proposed use was an "indoor swap meet" and, thus,
required a Conditional Use Permit (CUP) arose. Section
19.83.500 of Ordinance No. MC-660 requires that a CUP be
obtained for "swap meets" and assigns that use a classifi-
cation number of "19.100", as used in the Table of Permis-
sible Uses. This table indicates that "open air markets" are
allowed in the CG-4, CH, IL, IE and PCR land use designations
with a CUP. The present municipal code or urgency ordinances
do not define swap meets or open air markets.
On July 16, 1990, the appellant, John Lightburn, requested
the Planning Department to provide a written definition of a
swap meet (Exhibit B). A response was sent to Mr. Lightburn
on July 23, 1990 (Exhibit C). In that letter it provided the
following definition for a swap meet:
"Swap meet (Indoor/Outdoor) is the retail sale or
exchange of new, handcrafted, and/or secondhand mer-
chandise in open, compartmentalized spaces by individual
licensed vendors."
This definition was included in the final hearing draft of
the Development Code.
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75-0264
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Appeal of Planning Commission's Interpretation of "Swap Meet"
Business at 580 Inland Center Drive
September 17, 1990
Page 2
On July 30, 1990, Mr. Lightburn filed an appeal of the
Planning Department's interpretation that Union Discounts
Limited is classified as an indoor swap meet ( Exhibit D). On
August 21, 1990, the Planning Commission by a 3 to 2 vote
determined that Union Discounts Limited was a use that
required a Conditional Use Permit. The Commission expressed
concern about the adequacy of the definition, but decided
that the land use impacts associated with many multiple
vendors warranted the requirement to obtain a Conditional Use
Permit. Mr. Lightburn provided a rebuttal package that is
attached for review ( Exhibit E).
On August 22, 1990, Mr. Lightburn, appealed the Planning
Commission's determination to the Mayor and Common Council.
On August 30, 1990, Mr. Lightburn provided the Commission a
draft of a definition of "swap meet" for their consideration
of inclusion in the Development Code (Exhibit F). The
Commission was concerned that "new merchandise" was not
included in the definition and deferred formal action on a
definition until the October 5, 1990 Planning Commission
meeting.
ANALYSIS
A "swap meet" or
type land use.
follows:
"open air market" is not a typical retail
The characteristics of such a use are as
* Multiple vendors involved.
* The display of merchandise is limited to relatively
small, assigned areas, which are usually not
contained inside walled areas.
* A fee may be charged to prospective buyers for
admission and/or parking.
* A fee may be charged for the privilege of offering
or displaying merchandise.
* Many terms are associated with this type of use:
such as: flea markets, auction, farmer's market,
swap meet, open-air market and bazaar.
The land use impacts above and beyond a normal retail opera-
tion include: increased parking needs due to very low priced
merchandise creating a large customer base and large number
of vendors and their employees: public health and safety
concerns over use of electricity and adequate corridor width
for exiting in case of an emergency or fire, adequate rest
room facilities: traffic control for special events: and,
security protection of both the vendoJ's and the public.
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Appeal of Planninq Commission's Interpretation of "Swap Meet"
Business at 580 Inland Center Drive
September 17, 1990
paqe 3
On November 7, 1989, an indoor meet at 1675 North Mt. Vernon
Avenue was approved by the Planninq Commission under Condi-
tional Use Permit No. 89-45. The attached floor plan for the
Mount Vernon indoor swap meet appears to be very similar to
the proposed facility (Exhibit G).
The problem of differentiatinq between a normal retail mall
and an indoor open-air market is a difficult one. The
Planninq Commission was concerned about requirinq a CUP for a
retail use such as a FEDCO, which also has multiple vendors,
but is considered to be a discount department store. The
main difference is that the density and the number of vendors
in a qiven area is much hiqher than a department store (See
photoqraphs of an existinq Union Discounts Limited facility
in Los Anqeles - Exhibit H).
OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL
The Mayor and Council may deny the appeal and require that
the proposed use obtain a CUP or uphold the appeal and allow
the project to proceed with a buildinq permit.
RECOMMENDATION
It is recommended that the Mayor and Council deny appeal and
require that the proposed use obtain a CUP. This recommend-
ation is viewed as beinq consistent with past practice and
with the requirement for a CUP for the project at 1675 North
Mount Vernon Avenue.
Prepared by:
John E. Montqomery, AICP
Principal Planner
Larry E. Reed, Director
Planninq and Buildinq Services
LER/JEM:clp
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Appeal of Planning commission's Interpretation of "swap Meet"
Business at 580 Inland Center Drive
september 17, 1990
Page 4
EXHIBITS: A - Letter of Appeal to the Mayor and Council (8-
22-90)
B - Letter of Interpretation Request to Planning
and Building Services Department (7-16-90)
C - Interpretation Response Letter (7-23-90)
D - Letter of Appeal to the Planning commission of
Department's Interpretation (7-30-90)
E - John Lightburn's Rebuttal to Planning Commis-
sion (8-21-90)
F - John Lightburn's Proposed Definition of Swap
Meet (8-30-90)
G - Floor Plan for existing indoor swap meet at
1675 North Mt. Vernon
H - Photographs of existing Union Discounts
Limited in Los Angeles
M&CCAGENDA:
SWAPMEETINTERP
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Mllyor llnd Common Council
City of 511n Bemllrdino
300 North D Street
511n Bemllrdino, CA. 92401
August 22, 1990
Reference: Union Discounts Limited, Discout Depllrtment Store
560 Inlllnd Center Driye, 511n Bemllrdino
Subject: Appelll of Plllnning Commssions determinlltion
of the definition of "SWllp Meet" IInd the requirement for
II conditionlll use permit.
Mllyor llnd Common Council,
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On August 21, 1990 the Plllnning Commission, on II 3 to 2 vote, determined
thllt the proposed generlll mechllndise retllil project by Union Discounts
Limited, for which II building permit WIIS issue~ on June 28, 1990, fell
within the Plllnning Depllrtments unllpproyed definition of "indoor SWllP
meet" lind, therefore, is subject to conditionlll use IIpproYlI1 by the City.
By WilY of this letter we lire IIppelll1ng the Plllnning Commission decision
to the Mllyor IInd Common Council.
Due to the filet thllt II building permit hilS been issued IInd Union Discounts
:: ..1S under time IInd escrow constrllints, we lire requesting thllt the IIppelll be
":;"';,,;xs~heduted for heering lit the next City Council meeting to be held on
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. John Montgc.H,ery
Principol Plonner
City of Son Bemordino
300 North 0 Street
Son Bemordino, CA. 92401
_~ EXHIBOUB11
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July 16,1990
Subject: Requirement for Conditionol Use Permit
for Union Discounts Limited, 560 Inlond Center Drive
Deor Mr. Montgomery,
Pleose be odvised thot I hove been retoined to represent Mr. Joe ~e, Union
Discounts Limited, regording their proposed retoil store to be 10cotM ot
560 Inlond Center Drive."
After severol discussions with Ms. Ann Lorsen, it is my understonding
thot the City is now requiring Mr. Lee to first obtoin 0 conditonoJ use
permit in order to estoblish 0 retoil business ot the locotion described
obolle becouse the City considers Mr. Lee's project to be on "indoor swop
meet", It should be noted thot Mr. Lee hos olreody been gronted 0 business
license ond 0 building permit from the City.
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In order to better understond the necessity of opplying for 0 conditionol
use permit, we ore requesting thot the plonning deportment provide us in
writing the rotionole for requiring 0 conditionol use permit, the prollision
(s) of the municipol code enobling'the City to, impose 0 conditionol use
permit, ond ony other requirements of the Generol PIon, or the urgnecy
ordinonce, hOlling 0 bearing on this issue. As well, pleose provide us With
ony existing, formol definition by the City os to whot constitutes 0 'swop
meet., indoor or otherwise.,
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: ,'", His Mr.' lee's desire toco;"oper~teJully ,witt! the City in Order to meet 011,'
'?~'-,J'>;;:YoljdJonQusei:~gUl!1meilis:ond conditions of'deyelopment. ,,-, '."
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" 'Tho~k youforo timely resp~nseto our request.:: " '
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714-381-2656 ,,-
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CITY OF
San Bernardino
D.~ART...T D' 'LA..,.. A.D .UILDI.. ..RYle..
LARRY E_ REED
DIRECTOR
July 23, 1990
John Lightburn
P.o. Box 1622
San Bernardino, CA 92402
RE: Union Discounts Limited - Conditional Use Permit (CUP)
Requirement
Dear Mr. Lightburn:
This letter is in response to your request for information
regarding the CUP requirements for Union Discounts Limited.
AB you know the City of San Bernardino is operating under a
recently adopted General Plan and implementing urgency
ordinances (MC-660 - June 2, 1989, MC-664 - July 6, 1989, and
MC-730 - May 21, 1990). Section 19.83.500 of Ordinance No.
MC-660 requires that a Conditional Use Permit be obtained for
"swap meets. and assigns that use a classification number of
"19.100", as used in the Table of Parmissable Uses. Attachme-
nt "B-1" of Ordinance No. MC-664 is the Table of permissable
Uses that the City of San Bernardino enforces at the present
time. This table indicates that "open air markets" is a
19.100 classified use. Therefore, "swap meets", a 19.100
use, are allowed in the 00-4, CH, IL, IE and PCR land use
designations with a Conditional Use Permit.
The present municipal code or urgency ordinances do not
define an "indoor swap meet.. However, the Department
provides the .following definition for classification: .
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"Swap _et (Indoor/OUtdoor) is the retail sale or
exchange . of new, handcrafted, and/or secondhand
merchandise . in open compartmentalized spaces by
individual licensed vendors..
This definition is provided in the final hearing draft of the
Development Code. If there are any further questions please
give me a call at (714) 384-5057.
Sincer~~ -' .,-
sr;-Mo::~AICP
~~~c~pal Planner
','
3DO NORTH
CAL.FORN".-"
, CUPUNIONDIS. '
'0' STRIIT. SAN .IRNAROINO.
. 2'" . 0 0 0 1 (T'.'......""..,
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John Montgomery
Principlll PIllnner
City of Slln Bemllrdino
300 North D Street
Slln Bemllrdino, CA. 92418-0001
jo
July 30, 1990
Subject: Appelll of Stllff Interpretlltion of
"SWllp meet", requirement for CUP
Reference: City PIllnning Depllrtment Letter, 7-23-90;
Lightburn Letter, 7-16-90
Dellr Mr. Montgomery,
By WilY of this letter, we lire llppellling to the PIllnning Commission stllf1's
interpretlltion thllt the proposed generlll retllil merchllndise discount
store, 580 Inlllnd Center Drive, is II "SWllp meet" lind, therefore, is required
to hllve II Conditionlll Use Permit.
To this end, we do not believe the Union Discount Limited retllil operlltion
constitutes II "SWllp meet", indoor or outdoor, llnd should not be subject to
conditionlll use llpprovlll.
It should be noted thllt Union Discount Limited hilS been issued II building
permit llnd is entitled to mllke improvements to their project without
going through the condltionll1 use process. However, beclluse the
11mbiguities involving the definition of "indoor-swllp meet" llnd the
llppliclltion of such to this project, we feel it prudent to request this
interpretlltion by the P111nning Commission.
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In order to not Incur llny further, llnd unnecessllry de111Y to the project, we
lire respectfully requesting thllt this mlltter be hellrd by the P111nning
Commission on TuesdllY, August '21 ~1990." ~ ~
Thllnk you for your continued co-operlltion.
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QIBIT .0
Members, Plonning Commission
City of Son Bemordino
300 North D Street
Son Bemordino, CA. 2940 I
August 21, 1990
Subject: Appeal of Steff Interpretation of
"swop meet", requirement for CUP
Refe'rence: City Planning Department Letter, 7-23-90;
Lightbum Letter, 7-16-90;
Steff Report, 6-21-90
The following is presented on behelf of Union Discounts Limited end is the
written rebuttol to the Plonning Deportment's interpretotion thot the .
retail business, proposed by Union Discounts Limited, to be located at 560
Inlend Center Drive, constitutes en "Indoor Swop Meet" end therefore
subject to e conditionel use permit.
To be correct, the intended use by Union Discounts Limited is for the reteil
sele of new merchendise, not secondhend goods or used personel property.
As indiceted on the City epproyed floor plen (Exhibit -1), theseles erees
ore designed and configured in the some manner as other general
merchGndlse retail stores found In the City of San Bemardino and
elsewhere.
It is true that Union Discounts will lease out these departments to
qualified retGll yendors.lt should be noted thGt other retail stores hGye
many of their clepGrtments leGsed-out to other vendors. Fedco and K-Mort
ore but two other examples of discount stores that hove leased
departments. Unlike SWGp meet vendors, all Union Discount vendors will
be required to obtGln 13 yolld City business license.
Furthermore, the proposed use by Union Discounts is no different then
their store to be locGted in Fresno, CGlIfomiG (Exhibit -2). According to a
letter doted August 6,1990, from the Fresno Deyelopment DepGrtment,
the Union Discounts' proposal -. . , Is an appropriate use of the property. . .
This assumes that the merchandise to be sold in the building will be new.
Secondhand sGles in the district Gre only permitted with an approved
con~itional use permit (CUP). .
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2. V SWllP Meet defined, .
.....;~T.;.....:,,-,Requirements::.;A8~apmeet.:'~.. mellns any event which meets lll1 the
..;.,:t.. .,",-4011owingreQuirements: ;~a) ::rheplllce -or 1 OClltl on llt which the event is
held hllS been advertised... as II place .or loclltlon to which members of
the public, during a speci~ied period of time, may bring identifiable,
tangible personlllproperty and exhibit it for sale or exchange; (b) A fee is
charged... forseneral admission. . . or a chllrge for the privlege of
.. exhibittns idenUflllbleAangible personlll property at such event.
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Page Two - Swap Meet Definition
Definition of SWllD Heet (indoor/outdoor>.
The Commission should note that the definiton being relied upon by the
City hllS not been llpproved by the City Council. For the Plllnning
Depllrtment to impose their llrbitrery definition of II SWllP meet on this
project constitutes lln improper deleglltion of legisllltive authority. The
definition proposed by the Plllnning Depllrtment is too 11mbiguous,
irrlltionlllllnd vllgue to serve as II proper definition.
For instance, the term referred to by stllff liS "open compllrtmentlllized
splice" is not defined llnd Is II contrlldiction in terms. This brolld,
generlllized definition could be llpplled to many other retllll businesses
thllt would not be considered SWllP meets. EXllmple: "The retllil sllle . . .
of new. . . merchllndise in open compartmentlllized splice by individulll.
vendors: Therefore, to impose this condition on Union Discounts llnd not
on other simllllr businesses would constitute II denilll of property rights
and due process.
In defin.ing whllt constitutes a swap meet, a more retionalapproach would
be to identify the key factors and/or terms commonly incorporeted In II
definition of swap meet, indoor or outdoor.
To this end, we researched other state and locallllws defining "SWllp
meet" llnd found these examples: (Exhibit -3)
-'~,----- -
1. definition of
.' ~wap_meet:.. ',;:me.l!.ns ~.ny ev_~nt'!.~er9....secondhllnd goods are offered or
..~displllyelflor sale.or:..exchang8..andit) a "eiS.charged for the privilege of
Offering or displaying'secondhllnd goods for sale or exchange; or 2) II fee is
charged to prospective buy~rs for lldmission to the area where secondhand
, !loods a~.Cl.rf~red,l)~d~8plllyed for sale of exchange:
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Pllge Three - SWllP Meel Definition
3. Business llnd Professions Code. Stllte of Clllifomill. Section 21661.
Definitions: As used in this llrticle (II) "SWllp Meet" mellns llny event: (1) .
At which two or more persons offer personlll property for selle or
exchllnge; llnd (2) At which II fee is chllrged for the privilege of offering or
displllying personlll property for sllle or exchllnge; or (3) At which II fee is
chllrged to prospective buyers for lldmission to the llreel where personlll
property is offered or displllyed for sllle or exchllnge.
We contend thllt the following factors should be considered in the
definition of II "SWllp meet":
A. An lldvertised public event held periodicellly;
B. Where p!lrsonlll property or secondhllnd goods is offered for sllle or
exchllnge;
C. Where fee Is chllrged for privilege of selling or exchllnging
personlll property or secondhllnd goods;
D. Where lln lldmission fee is chllrged to prospective buyers of
personlll property or secondhand goods.
The Union Discounts' proposed retail business is not II public event
oriented business. It is II typical retllil business open to the generlll public
during regularly scheduled hours llnd dllYS of the week. No admission fee is
charged to the prospective buyers. Vendors sign lllongterm lease llnd are
cherged according to the squllre footage occupied. Vendors must operllte
during tht! reguier busin~ss hours end e~ subject to the controlllnd
management ofUnionD1scDunts.AU vendors, including Union Discounts,
are required have a vlllid City business license.
Unlike swap meets, ell dlspley end sales arees ere permenent fixtures end
remeln in place. Only new merchandise wl1l be sold. There wl1l be no
sel1lng or exchanging ofsecondhend goods or personal property.
,{Exhibit .4)....,., .. "-..' '.-
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,Conclusion
With all due respect to the Planning Department, we do not believe the
City can require e condltonal use permit for the proposed retall use es
proposed by Union Discounts. Regardless of whether or not the City
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Poge Four - Swop Meet Definition
imposed the CUP requirement on onotner business, the fllCt still r~mllins
thllt the City does not hove II vlllid ond opproved defimtion of whot
constitutes 0 swop meet. The proposed development code will contoin
such II definition. but only ofter 0 pUblic neoring review process ond City
Council opprovo1. It should not be llssumed lhllt the proposeo definiton by
stoff wi11ln fllCt be the finol definition. It is unfoir ond unworrllnted to
subject this project to gross speculotion ot this time.
Union Discounts Limited hos 0 volid building permit ond opproved set of
pIons, meets 011 the requirements of the municipol code ond conforms to
the provisions of the Generol PIon os 0 generol mercnendise retoil store.
Therefore, they should be ollowed to proceed with their building permit,
receive 0 Certificllte of Occupllncy llnd suffer no further deloy ot the hllnds
of the City.
Discounts Limited
Exhibit #1 - Floor PIon
Exhibit #2 - Ltrs. re: Fresno Development Deportment
Exhibit #3 - Definitions: City of Los Angeles, City of Riverside,
Business ond Professions Code
Exhibit "4- Pictures: Oronge Show Swop Meet 4119/90
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Development pepen'!1e~t
AMn p, Solis. AICP
Director
CUy Hall. 209-498,1591 . FAX 498-4637
2326 Fresno Street, Room 103
Fresno, Cal"ornia 93721-1899
August 6, 1990
Please reDlv to:
Hubert E. st. John
209 498-4441
Dae S. Lee
Union Discounts, LTD.
1047 Wilshire Blvd., Suite 201
Los Angeles, California 90010
Dear Mr. Lee
SUBJECT: RETAIL USE OF PROPERTY LOCATED AT
860 FULTON MALL
Your letter dated July 30, 1990, requested confirmation that your
proposed use of the former Gottschalk's Department store complie~
with the C-4 zone.distrj.ct.
Since Fresno Municipal Code Section 12-220.1 permits retail sales
by right in that district, your proposal is an appropriate use Q!-
the property and will not constitute a change from the preceding
~retal1 operation. This assumes that the merchandise to be sold in
, the building will be new. Secondhand sales in the district are
only permitted with an approved conditional use permit (CUP). If
the sale of secondhand goods is proposed, the fee to submit a CUP
application is $2,240.00 with an additional $650.00 environmental
assessment fee.
As long as structural changes to the building are restricted to
interior work only, a site plan revi_ application will not be
necessary. Please be aware, however, that' building, electrical,
plumbing or mechanical permits might be required before any
interior alterations lire made.~
If you have any questions about the preceding, please contact me
in this office.
ubert B.
Assistant
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July 30, 1990
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Hr. Hubert E. St. John
City of Fresno
Deputy Director of Zoning
2326 H. Freeno Street, RID. 103
Fresno, CA 93721-1899
REI 860 Fulton Mall
Conforming Retail Use
Dear Hr. St. John I
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We are purchasing subject property, known as Gottechalk's
Department Store, the transaction now in eecrow at Chicago Title
Company.
written
eubject
One contingency in this eecrow ie our receiving
confiJ:mation from the City of Preeno that our use of
property ie approved and in conformity with C-4 Boning.
We will use the entire building for retail use, operating a
,!i1s9mnt 4epartment s~. The reetaurant that ie now in the etore
wTIl be ,continued with such use by ue. Retailing will be performed
in a conceeeionaire concept with J,ndividual retailing areae ranging
from approxiJu.tely 200 to 500 equare f_t be~ sectioned anq
_rent~_Qtiuudj;Q theee vendore. In other wo , our uee ie and
wTIl be continustion ot aepartment store retailing in the same.
manner ae perfoEmed by Gottechalk'e, except that the departments
will be operated py individual ownershipe.
I shall appreciate receiving ~ Letter of Approval of our use of
the property at your earlieet convenience.
Thank you.
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conditions:
1. Definitions. As used in this Subsection:
a. "Swap Meet" means any event where secondhand goods are of.
fered or displayed for sale or exchange lind
III A fee is charged for the privilege of offering or displaying
secondhand goods for sale or exchange; or
(2) A fee is charged to prospective buyers for admission to the
araa where secondhand goods are offered or displayed for sale or
exchange.
b. "Swap Meet Operator" means any individual. partnership, cor-
poration. business association or other person or antity which spon.
sors, controls, manages or otherwise conducts a swap meet.
c. "Swap Meet Vendor" means any individua1. partnership, cor-
poration. businass association or other person or entity which sella,
excb.nglls, displays, or offers for sale or exchange, any secondhand
goods at a swap maet.
2. Permit Requind.
No person or entity shall operste a swap meet without a written per-
mit from the Board, except that a permit shall not be required for any
event sponsorad by and for the exclusive benefit of any community
chest. fund, foundation. association or corporation organized and
operated aolely for religious or charitable purposes provided that no
portion of any admission fee charged swap meet vendors or prospec.
tive purchasere. or the receipts from the sale or exchange of new or
secondh.nd goods, inures to the benefit of any shareholder, officer,
employee. person or entity Orrni7.il1g. sponeoring or conducting such
event.
a. No permit shall be issued which will permit the sale or display
of firearms, n........blas. and hash pipes or other manipulative in.
struments relsti"g to the use or consumption of drugs or their
derivates. -
b. No permit shall be issued unlese the swap meet operator bas
first obtained a businese tax regiatration certifie,"
c. No permit shall iasue for a swap meet requiriq a conditional
use pursuant to Section 12.24 of this Code UDtil such conditional
use bas been obtained. _
d. Wb8D the Board baa d8termined that the coet of-police in.
veetlptioD ..m- will be lnel'lued bec.'l" of the operation of
a swap meet, the Board may requlre the swap meet operator to
make ~ into the a-al fuDd of the Qty of LoIADgeles
an .-t e,leul,t.ood at the cummt haur1y rate of a Detective II
for 8IICh baar of iDveetIptlaa CIIl a weekday and 1&0.. of the cur-
relit haur1y rats of a Det, ctlve II for uch hour of 1Ilv.~l"tIoD
CIIl a SatanIay, 8uDday ell' boIiday iDYalvins the swap meet, ell' up
to a .....1....,... of 1& haura per clay of swap ~ opII'8tIGa. plus
28.1.. of .uch ,_... far admlal8&rative coeta. '!'be swap ~
open&clr IIbd ~ the ......'1lt _ to the Qty CI8rk withIIl80 cIaya
after the bDl Je ....nllll to the swap ~ operator by the Board.
lA_deli by Old. No. 18U5ll. Elf. 8/31188J
lBM'. No.llI-llll8l
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Chapter 5.48
o SWAP MEEI'
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Sections:
5.48.010
5.48.020
5.48.030
5.48.040
5.48.050
Swap meet defmed-Requirements.
Notice required from exhibitor.
Notice required from seller or exchanger.
Report transmission.
Report form.
5.48.010 SWAP MEET DEFINED - REQUIREMENTS.
A swap meet, as used in this chapter, means any event which
meets all the following requirements:
(a) The place or location at which the event is held has been
advertised by any means whatsoever as a place or location to
which members of the public, during a specified period of time,
may bring identifl8ble, tangible personal property and exhibit it
for sale or exchange;
(b) A fee is charged, payable to the operator or organizer of
the event, either in the form of a charge for general admission
to the place or location where the event is held or a charge for
the privilege of exhibiting identifiable, tangible personal prop-
erty at such event. The charge for exhibiting identifl8ble, tan-
gible personal property may be a fixed amount or a percentage
of all sales made or of the value of all property exchanged.
(Ord. 351751,1968).
e
5.48.020 NOTICE REQUIRED FROM EXHIBITOR.
Every person who desires to exhibit identifiable, tangible per-
sonal property at a swap meet shall, before he is permitted to
exhibit such identirl8ble, tangible personal property at the swap
meet, furnish to the operator or organizer of the swap meet or a
person d~gnated in advance by such owner or operator to
0.
<- 6-10-12)
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. _.........i.... .~_ a""'t"""'-.awa... au& .~ ,"M;I'J UICIC~
t 2lCiQI. DeclaratiOD 01 I"_I~ IDteat: Swap meets: AppI,...W1lty 01
lI1fcIe
It is the intent of the 1 T,I-ture in .....~g this article to require the
statewide reporIins of personal ptoioeIty _..h...pot. sold or ofI'eraI lor sale
or _("h.lI" at "swap meets" in a UDif'orm m.n...... tlNip..! to permit the
correlation of such reports with other reports of law ealOI""""....t -rcies in
order to assist in tracing IDd I~...iug stolen property IDd with the State
Board of Ecp..lm.rinn to detect possible sales tax evasion.
This article sba1I apply to swap meet operators IDd vendors, IS tlMlned
ben:in, IIIIIess the personal p1~ty or the traDsaction is specitI...lly exempt
herein IDd sba1I not be I11pCllMlIed or suppJaated by my provisiODs or
ormn-n.- or charters of my city, county, or city IDd county, DOl' supple-
mented by my such orrIinnces or charters or provisicms. Nothina herein
CODtDm'lC! sba1I be d-"..! to d'ect the IlIDd _ IDd ,..."i"l nplatory
power or a local 1pIICY, DOl' be CClIIItrIICd to requi.., my Ioca1 IpIICY to
permit swap meets where such loca1ll1Dd use or ZODina replatious proln'bit
such operatioDs.
Any tp~ which is regulated by this article sba1I not be subject to the
provisiclIII of Anide .. <--""'I with SeetiOfI' 21625). RJII'1.ri"l traDSIC-
tIaIII in itI.orifI.h~ -oontlh.ntl t."I'"hIe ~ prop...t" No perscm.
putDenhip, or 0lII]l0I'A1i0II shall be ~-.I a -tlh.ntl daler"
within the m_'""-a of Ser.1iOD 21661 bec8_ of ICtivitia repIated by this .
article. .
Article 5 (w".lnell""'l with Section 21650) of this chapter shall DOt apply
to swap meet operators IDd ve:adon.
-.... 1m cum 11; .. . ..... 1910 ell 1163 f I.
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t 2l66L n.hIfI_
, AI UIed in this articIc:
: (a) "Swap .... IIIIlIIIS lIDY mmt:
: (1) At wbich two or _ .-- oI'er'..-u ...ot-I.r lor _ or
I .,. pq"....~ ..s .
....: (2) At wbich . fee is dw:p lor the priYiJcae of CI&:riIII or cIispIayiDa
. ,. .,,~. ........ ..vrltJ far, aaIe or ,'" 11.~ ar .
(3) At wbich . fee is cbarpd to ...~ II.... buJen lor -"-1__ to the __
wbere ,M1CIoood ......-t) iI.A.4 or diIpIa,ed lor ale or -..h."F; or
(4) ...... 01 the nnm...... 01 pcnClIII CI&:riIII or cIiIpIQiq ~
~.......t) or the ~ orre.. at wbich IIIId ..-u ~iI oi"end or
~ed lor ale or ........... if the eveat iI held _ thaa lis timeI in lIDY
12 ftL_.tlll ,.tod. .
(5) Tbe ... ....., .... iI iDte:JY'h.......h1e IIId appH_hle to "lIea
-1IIIIIbII," "iIIdoar swap meets," or other IimiJIr terma, nprdIeIa of
,~. ....... tJ.e eftIdIue held either iDIidc . hniltllt,l or CIldIide in the opeD.
Tbe' cbancteristic iI that these Idivitics iawIve . Ieries of sales
........!:;.i.7 nom....... ICDpC, lIDd c:hancter to COuItilute . ngular c:oane of
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rlClnning Commission
City of Slln Bernllrdino
300 North D Street
Slln Bernllrdino, CA. 92401
EXHIBIT "F"
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August 30, 1990
Subject: PIllnning Commission Hellring,
Finlll Drllft Development Code:
Definition of "SWlIp Meet" .
Dellr Members of the PIllnning Commission,
On TLiesdllY August 28, 1990, I testified before the Commission regllrding
the proposed definition of 'SWllP meet' liS stilted in stllff memorllndum to
the PIllnning Commission, dllted August 27, 1990.
In order to resolve this mlltter, we lire submitting for your considerlltion
llnd review the following proposed definition of 'SWllP meet'. Itis our
understllnding thllt will be llble to llddress ond discuss this definition ot
the Plonning Commission heoring on September 4, 1990. .
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SWllP Meet: Swop Meet meons ony ploce, locotion, structure or octivity ot
which lln event is held where used goods or secondhond personol property
is offered or displllyed for sole or el<chonge to' the generol public; llnd 0 fee
moy be chorged to prospective buyers for odmission to the event; or 0 fee
moy be chorged for the privilege of offering or displllying used goods or
secondhllnd personol property ot such event. The term "swop meet" is
interchllngeoble with ond opplicoble to: "f1eo mllrkets, ouctions, open-oir
morkets or other simllor events.
Pleose include this letter os POr1 oUhe public record.'
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