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~ITY, OF' 'SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
~ro"" Michael E. Hays, Director SUb~:
::>ep., i'lanning & Building service@(Q) W
Development Code Amendment No. 97-02 - To
amend the DevelOpment Code to add development
standards for permanent outdoor sales and displays.
! ::>ate: June 30, 1997
MCC Date: July 21, 1997
;ynopsis of Previous Council Action:
N/A
JUL 0 2 1997
lecommended Motion:
That the Mayor and Common Council close the public hearing and adopt the Ordinance which
approved Development Code Amendment No. 97-02, based on the Findings of Fact.
,
~L~~
:cv ""-:t person: Michael E. Hays
Phone: 384-5357
:;upporting data attached: Staff Re1)Ort and Ordinance
Ward(s): "
:::uNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
:Ouncil Notes:
R~FeJ(fi.&I k L~9/~ktl"v'e
Review CoIY1t1l1fI-~e.
Agenda Item No. 31
1/;).I/Q7
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
DEVELOPMENT CODE AMENDMENT NO. 97-02
Mayor and Common Council meeting of July 21, 1997
OWNER:
N/A
APPLICANT:
City Initiated
REQUEST: A City initiated proposal to amend Chapter 19.06, Section 19.06.030 of the San
Bernardino Municipal Code (Development Code) to add development standards for permanent
outdoor sales and displays.
BACKGROUND: The Mayor and Common Council adopted Ordinance MC-972 which permits
permanent outdoor displays in the commercial land use districts, however the only regulatory
provisions adopted included the following:
1. Outdoor displays are limited to major tenants (15,000 square feet or greater);
2. They must be on private property, the same property as the business, and may not
encroach in the public right-of-way.
This development code amendment proposes more specific development standards to ensure that
required parking, landscaping, access and public health, safety and welfare issues are taken into
consideration.
KEY ISSUES: None
ENVIRONMENTAL DISCUSSION: Exempt per General Rule, CEQA Section 15061(b)(3)
PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 9 to
o (Enciso, Gonzalez, Hamilton, Lockett, Olliel, Reilly, SChuiling, Suarez and Thrasher) to
recommend approval of Development Code Amendment No. 97-02 based upon the Findings of
Fact contained in the June 3, 1997 staff report (Exhibit 1).
RECOMMENDATION: Staff recommends that the Mayor and Common Council approve
Development Code Amendment No. 97-02 to amend Chapter 19.06, Section 19.06.030 of the
San Bernardino Municipal Code (Development Code) to add development standards for
permanent outdoor sales and displays, based upon the Findings of Fact.
Prepared by:
Margaret Park, Associate Planner
For: Michael Hays, Director, Planning and Building Services
. .
Exhibits:
1 - Planning Commission Staff Report
2 - Ordinance
2
3
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
5
6
7
8
9
10
1
cg@[?))f
ORDINANCE NO.
U ORDINANCE OJ' TBB CITY OJ' SU BERNARDINO UBNDING CHAPTER
1'.0', SEeTIOJlf 19.0'.030 OJ' THB SU BERNARDINO MUHICIPAL CODE
(DBVBLOPMBJIfT CODE) RBGARDIJlfG PBRKAJlfEJIfT OUTDOOR SALBS AND DISPLAYS.
SEeTIOJlf
section
Code
1.
19.06.030
Municipal
of
the
(Development Code) is amended to add new specific standards for
permanent outdoor sales and displays;
all other provisions of
section 19.06.030 remain unchanged.
section 19.06.030 of the Development Code is hereby amended to
add a new Section 19.06.030 (P) as follows (see Attachment A,
11 Development Code pages II-80, II-94 and II-95, attached hereto and
12
13 "SECTION 19.06.030 (P) PERMANENT OUTDOOR SALES AND DISPLAYS
incorporated herein by reference):
14 Permanent
15
16
17 1-
18
19 2.
20
21
22 3.
23
24
25
26
27 4.
28
outdoor
displays
may
established
subject
be
to
Development Permit review and shall be constructed in the following
manner:
Outdoor displays are allowed for the display of new or rental
merchandise related to legally established retail outlets.
The permanent display shall be located entirely on private
property, within the parcel bound~ry on which the retail
business is located.
The outdoor display area shall be separated from pedestrian
aisles and public rights-of-way by a permanent decorative
barrier including, but not limited to, wrought iron fencing or
decorative bollards with chain or a partial wall with
screening.
The display area shall be located in such a manner that no
1
:# ..!/
1 required parking is used for the display area.
2 5. The display area shall be located so that no required
3 landscaped area is removed.
4 6. The display area shall be located on the front or side of the
5 building with the main or secondary entrance.
6 7. For every 100 square feet of permanent display area, 6 square
7 feet of permanent landscape area shall be provided. This
8 landscape area may be provided by non-movable potted planters.
9 8. No other outdoor uses shall be permitted unless brought into
10 conformance with the provisions of this Development Code.
11 9. No additional parking spaces shall be required as a result of
12 the approval of a Development Permit for permanent outdoor
13 display areas.
14 10. No display shall be located in such a way as to create a
15 safety hazard to pedestrian or vehicular traffic.
16 11. Merchandise loading and unloading shall occur in such a manner
17 that pedestrian andlor vehicular flow is not obstructed.
18 12. The display area shall not exceed 5% of the gross floor area
19 of the retail business.
20 13. Merchandise shall be displayed only during business hours of
21 operation unless otherwise approved by the Director."
22 In addition to this added language, previous Sections 19.06.030 (P)
through (W) will be relettered and Permanent Outdoor Displays will
be added to Table 06.03 accordingly and it will also be relettered.
23
24
25
26
27 IIII
28 IIII
IIII
IIII
2
1 AN ORDINANCE. . .AMENDING CHAPTER 19.06, SECTION 19.06.030 OF
THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING
2 PERMANENT OUTDOOR SALES AND DISPLAYS.
3
4
5
6
7
8
9
10
I HEREBY CERTIFY that the foregoing ordinance was duly adopted
by the Mayor and Common Council of the city of San Bernardino at a
meeting thereof held on the
day of
, 1997, by the following vote to wit:
Council Members
~
~
ABSTAIN
ABSENT
NEGRETE
CURLIN
ARIAS
11 OBERHEUoIAN
12
DEVLIN
13 ANDERSON
14 MILLER
15
16
17
18 day of
19
20
City Clerk
The foregoing resolution is hereby approved this
, 1997.
Tom Minor, Mayor
eity of San Bernardino
21 Approved as to form
22 and legal content:
23
24
25
26
27
28
JAMES F. PENMAN
City ttorney
3
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COMMRRCIAL DISTRICTS - 19.06
working order and shall remain closed except when in use. The wall and
gate shall be architecturally compatible with the surrounding structures.
14. Storage facilities located adjacent to residential districts shall have their
hours of operation restricted to 7:00 A.M. to 9:00 P.M., Monday through
Saturday, and 9:00 A.M. to 9:00 P.M. on Sundays.
N. MOBILE VENDORS
Mobile vendors may be established only in areas located within both the Main
Street Overlay subject to written approval by Main Street, Inc. Specific locations
shall be determined by Main Street, Inc.
O. MULTI-FAMILY HOUSING
Refer to Section 19.04.030(2)(L).
P. PERMANENT OlTlDOOR ~ AND DISPLAYS
Pe171Ul1lent outdoor displays may be established subject to Development Permit
review and shall be constructed in the following manner:
1. Outdoor displays are allowedfor the display ofnew or rental merchandise
related to legally established retail outlets.
2. The pe171Ul1lent display shall be located entirely on private property, within
the parcel boundary on which the retail business is located.
3. The outdoor display area shall be separated from pedestrian aisles and
public rights-of-way by a permanent decorative barrier including, but not
limited to, wrought iron fencing or decorative bollards with chain or a
panial wall with screening.
4. The display area shall be located in such a manner that no required
parking is used for the display area.
5. The display area shall be located so that no required landscaped area is
removed.
6. The display area shall be located on the front or side of the building with
the main or secondary entrance.
7. For every 100 square feet of permanent display area, 6 square feet of
pe171Ul1lent landscape area shall be provided. This landscape area may be
provided by non-movable potted planters.
8. No other outdoor uses shall be permitted unless brought into coriformance
with the provisions of this Development Code.
11-94
5/91
COMMRRClAL DISTRICTS - 19.06
9. No additional parldng spaces shall be required as a result of the approval
of a Development Permit for permanent outdoor display areas.
10. No display shall be located in such a way as to create a sqfety hazilrd to
pedestrian or vehicular trqfJic.
11. Merchandise loading and unloading shall occur in such a mmmer that
pedestrian and/or vehicular flow is not obstructed.
12. The display area shall not exceed 5% of the gross floor area of the retail
business.
13. Merchandise shall be displayed only during business hours of operation
unless otherwise approved by the Director.
Q. RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS
Recycling facilities are subject to permit review in all commercial and industrial
land use districts according to the following schedule:
Type of Facility Districts Permitted Permit Required
Reverse Vending All Commercial and Development Permit and
Machine(s) Industrial up to 5 reverse
vending machines
Small Collection CO-I, CO-2, CR-3 (So. Development Permit
of 1-10) & All Industrial
Large Collection CH and All Industrial Conditional Use Permit
light Processing All Industrial Conditional Use Permit
Heavy Processing All Industrial Conditional Use Permit
1. For the purposes of this Section, the following definitions shall apply:
a. Collection Facility. A center for the acceptance by donation,
redemption or purchase of recyclable materials from the public,
which may include the following:
1) Reverse vending machine(s);
2) Small collection facilities which occupy an area of less than
500 square feet and may include:
a) A mobile unit;
b) Bulk reverse vending machines occupying more
than 50 square feet; and
c) Kiosk-type units which may include permanent
ll-95
5/91
EXlDBIT "1"
SUMMARY
CITY OF SAN BERNARDINO PLANNING DMSION
===============================================
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 97..()2
1
June 3, 1997
Citiwide
APPLICANT:
City of San Bernardino
OWNER:
Various
===============================================
REQUFST / WCATION - A City-initiated proposal to amend Chapter 19.06, Section 19.06.030 of
the San Bernardino Municipal Code (Development Code) to add development standards for permanent
outdoor sales and displays.
===============================================
CONSTRAINTS/OVERLAYS
None.
===============================================
ENVIRONMENTAL FINDINGS:
o Not Applicable
. Exempt, Section 15061(b)(3)
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation MonitoringIReporting Plan
-----------------------------------------------
-----------------------------------------------
STAFF RECOMMENDATION:
.
o
o
APPROVAL 0
DENIAL
CONTINUANCE TO:
CONDmONS
-----------------------------------------------
-----------------------------------------------
51W97
- .
DCA 97-02
Hearing Date: 613/97
Page 2
REOUEST - The project consists of a City initiated proposal to amend Chapter 19.06, Section
19.06.030 of the San Bernardino Municipal Code (Development Code) to add development
standards for permanent outdoor displays. This proposal has the potential to affect parcels city-
wide.
The Mayor and Common Council adopted Ordinance MC-972 which permits permanent outdoor
displays in the commercial land use districts, however the only regulatory provisions adopted
included the following:
1. Outdoor displays are limited to major tenants (15,000 square feet or greater);
2. They must be on private property, the same property as the business, and may not
encroach in the public right-of-way.
This development code amendment proposes more specific development standards to ensure that
required parking, landscaping, access and public health, safety and welfare issues are taken into
consideration.
PROJECT DESCRIPTION - SECTION 19.06.030 - New Specific Standards
19.06.030 PERMANENT OUTDOOR SALES AND DISPLAYS
Permanent outdoor displays may be established subject to Development Permit review and shall
be constructed in the following manner:
1. Outdoor displays are allowed for the display of new merchandise related to legally
established retail outlets.
2. The permanent display shall be located entirely on private property, within the parcel
boundary on which the retail business is located.
3. The outdoor display area shall be separated from pedestrian aisles and public rights-of-
way by a permanent decorative barrier including but not limited to wrought iron fencing
or decorative bollards with chain or a partial wall with screening.
4. The display area shall be located in such a manner that no required parking is used for
the display area.
5. The display area shall be located so that no required landscaped area is removed.
6. The display area shall be located on the side of the building with the main or secondary
DCA 97-02
Hearing Date: 613/97
Page 3
entrance.
7. For every 100 square feet of permanent display area, 6 square feet of permanent
landscape area shall be provided. This landscape area may be provided by non-movable
potted planters.
8. No other outdoor uses shall be permitted unless brought into conformance with the
provisions of this Development Code.
9. No additional parking spaces shall be required as a result of the approval of a
Development Permit for permanent outdoor display areas.
10. No display shall be located in such a way as to create a safety hazard to pedestrian or
vehicular traffic.
11. Merchandise loading and unloading shall occur in such a manner that pedestrian and/or
vehicular flow is not obstructed.
12. The display area shall not exceed 5 % of the gross floor area of the retail business.
13. Merchandise shall be displayed only during business hours of operation unless otherwise
approved by the Director.
In addition to this added language, Section 19.06.030 will be renumbered and Permanent
Outdoor Displays will be added to Table 06.03 accordingly and it will also be renumbered.
FINDINGS AND ANALYSIS - This DCA is has been determined to be exempt from CEQA
in accordance with Section IS061(b)(3) which exempts those projects that will not have a
significant effect on the environment.
Develooment Code Amendment Findin2s
(l)The proposed amendment is consistent with the General Plan in that it is consistent with Goal
4D which states:
"Maintain and enhance commercial regional cores and economically sound community-
serving commercial concentrations. "
This DCA serves this goals by providing guidelines for new and existing business interested in
enhancing their business in the City through outdoor sales and displays. Outdoor displays can
provide needed exposure to some businesses, allowing them to maintain their market presence.
(2)The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that outdoor displays are currently permitted. This
amendment adds specific development requirements that must be met when each outdoor display
. .
DCA 97-m
Hearing Date: 6/3/97
Page 4
applies for a development permit. At that time each request will be evaluated in terms of its
impact on the public interest, health, convenience and welfare.
CONCLUSION - The proposed amendment is consistent with the Development Code and
General Plan and is exempt from CEQA.
RECOMMENDATION - Staff proposes that the Planning Commission recommend that the
Mayor and Common Council approve Development Code Amendment No. 97-01 based on the
Findings of Fact.
@w
MICHAEL E. HAYS
Director of Planning and Building Services
~l~Pd .,
MARGARET E. PARK
Associate Planner