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HomeMy WebLinkAbout17-City Administrator CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator Subject: Business Improvement Program Dept: City Administrator's Office Gr..~,....~L Date: October 24, 2002 Synopsis of Previous Council Action: September 25, 2002 Ways and Means Committee discussed the proposed Business Improvement Program, and directed staff to come back with report on recommended next steps, October 23, 2002 Ways and Means Committee reviewed proposed Business Improvement Program, and referred this item (update and status report) to the full Council, with a recommendation for referral to the Legislative Review Committee when the ordinance is ready. Recommended motion: That the status report on the Business Improvement Program be received and filed, and that the ordinance, when drafted, be referred to the Legislative Review Committee. Contact person: Fred Wilson Phone: 5122 Supporting data attached: Staff Report and attachments Ward: N/A FUNDING REQUIREMENTS: Amount: None Source: (Ace!. No.) (Ace!. Description) Finance: Council Notes: II {ii/oF 1(0, 17 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Business Improvement Program. Background: The Ways and Means Committee has held a number of meetings on the proposed Business Improvement Program concept (See Exhibit "A"). One of the goals of the current Chamber of Commerce Board is to improve the aesthetics of businesses in the City. City staff from the Police, Fire, Code Compliance and Development Services Departments and the Economic Development Agency have been working with the Chamber of Commerce to work out the details of a program to assist in the effort. The resulting product is the proposed Business Improvement Program. The overarching goal of the program is to develop a pre-opening inspection program for businesses that would ensure that new businesses meet the City's property maintenance standards. To date the following steps have been taken: . Development Services staff drafted a letter that would be given to each applicable business explaining this new permit requirement, which has been tentatively called a "Property Maintenance Permit." A copy of the draft letter is attached as Exhibit "B". The letter would be given to the business representative at the time that the zoning verification is completed. . Staff developed the attached revised Zoning Verification Form (Exhibit "C"), which includes a space for the business owner to sign, acknowledging that they are aware of the property maintenance permit requirement. . The City Attorney's Office is researching this matter to determine the best placement of the new ordinance in the Municipal Code, and the enforcement options available. It is initially believed that this may be most appropriate as an amendment to the City's existing property maintenance ordinance. Enforcement options are still under review, which could range from the current citation process to the closure of the businesses until compliance is achieved. At the Ways and Means Committee, it was recommended that this proposed ordinance should be referred to the Legislative Review Committee. . Staff has had some discussions regarding the types of businesses to which the ordinance would apply. The consensus is that it will be difficult to implement this program using existing resources and that a fee may be necessary. In order to limit program costs, the best mechanism may be to limit the number of businesses that are subject to the ordinance, and therefore the number of required inspections. . The City Attorney Investigators have been inspecting new businesses (identified through the Zoning Verification Review forms) on a 6-month trial basis. They are helping to determine the time required, level of compliance, and other issues that should be considered. The trial period is about 2/3 completed. Development Services and City Attorney staff are working out the details relative to the proposed exceptions. Recommendation: That the status report on Business Improvement Program be received and filed, and that the ordinance, when drafted, be referred to the Legislative Review Committee. Exhibit "A" BUSINESS IMPROVEMENT PROGRAM The goal of the Business Improvement Program is to assist businesses by improving the appearance and safety of San Bernardino Businesses. It is a cooperative program involving the Chamber of Commerce, Development Services Department, Economic Development Agency, and Code Compliance Department. There are three general components to the plan: BUSINESS EDUCATION PROGRAM An active business education program for existing businesses would be started and include staff from the Chamber of Commerce, Economic Development Agency, Police Department and Code Compliance. The Business Education Team made up of a staff person from each of these agencies will meet with existing business owners to discuss signs, security, landscaping and exterior appearance of their buildings. They will educate business owners on existing ordinances and resources available to them. NEW BUSINESS AND SIGN INSPECTIONS The proposal would include a provision that a physical inspection be made of all new businesses at the time they apply Zoning Verification Review. The inspections would include exterior appearance, building and safety, and signs. These inspections are not currently being performed because of manpower issues and would require additional staffing before implementation. DESIGN STANDARDS It is proposed that design standards be adopted for San Bernardino's main thoroughfares. All new businesses would be required to meet the standards, which would include landscaping, paint colors, signage and fa<yade. ORDINANCE CHANGES City ordinances would be reviewed on an ongoing basis to determine if any changes are necessary to implement the Business Improvement Program. For example, Section 15.24.050 of the San Bernardino Municipal Code only allows the issuance of citations to property owners. It may be desirable to allow the issuance of citations to tenants for those areas within their control. 10/25/02 Exhibit "B" October 14, 2002 @!fjjJ" Dear Business Owner: The City of San Bernardino has a new Property Maintenance Inspection Program that applies to new commercial businesses in existing buildings. The purpose of this program is to improve the appearance of San Bernardino businesses. It is a cooperative program involving the Chamber of Commerce and City departments. This program requires that you obtain an inspection prior to opening your business. Generally, the inspection will be scheduled within two weeks of the opening date you have indicated on your Zoning Verification Review form. You can help us by providing photographs of all sides of your building and the parking areas. You may mail the photos, drop them off at the public information counter, or e-mail todortch.lillVci.san_ bernardino.ca.us. A City inspector will visit the site and determine if the site meets minimum property maintenance requirements. The inspection will include the exterior appearance of the building, signage, landscaping, and general upkeep of the property. If improvements are required, the inspector will provide you with a list of those items that need to be completed before you open your business. The Property Maintenance Inspection Program will not include Building Code and Fire Code health and safety measures that may be required based on the type of business you propose. The City of San Bernardino wants your business to be successful. We are sure that you will agree that attractive and functional businesses are in everyone's best interest. Sincerely, The Mayor \ '- Exhibit "C" City of San Bernardino Development Services Department ZONING VERlFICA nON REVIEW Name ofBosiness: New Business Location (Address): Suite # Type of Business (Describe): Proposed OpealDI Date or Bustaess: ,A/ Business is located in: 0 a single.tenant building/property; or 0 a multi-tenant building/center. 'f'.. Has the building/center been vacant for more than one (1) year? Q YC!] Q No CHECK HERE IF TIllS IS A CHANGE IN OWNERSHIP OF AN EXISTING DUSINESS AT SAME LOCA nON W1TI1 NO CHANGE IN USE: a IF SO, HOW LONG HAS TIlE USE EXISTED AT ADOVE LOCA nON? I) This review is required to obtain a City Business Relisb'ation Certificate. IT IS NOT AN APPROVAL TO OCCUPY A STRUCTIJRE and does not imply that the sitelbuilding complies with City Code requirements nor does it relieve the business/property owner from any other applicable City requirements or external agency permits. 2) A Development Pennit or Conditional Use Penn it may be required to establish the proposed use. If so., improvements or conditions may be required of the property and must be installed, completed, or met prior to establishinJ the business. 3) A Certificate of Occupancy will be required to occupy of the building if the building has been vacant more than six (6) months or if there is a change of occupancy based on the Unifonn Building Code. 4) If a Code Compliance case or violation exists, it must be closed prior to the establishment of any use. It is the responsibility of the Business RepresentativelOwner to contact the Code Compliance Division [Located at 201 N."E" Slreet - (909) 384-'205] to identify" resolve any outstanding code enforcement actions. CERTIFICATION: I hereby certify, under penalty of perjury, that I have read and understand statements 1,2.3, & 4 listed above and further certify that the infonnation filled in above is correct. I agree to comply with all applicable State and City laws pertaining to business operations and Building, Fire, and Development Code requirements. 'I certify ..... 1 ban received a copy or the Property Maintenance IIUIpec:tion Procnm. In addition, I certify that I am the property owner or authorized by the property owner as the business representative to establish the proposed business at the given address. I acknowledge that in the event the business is established prior to meeting any of the requirements identified MIewr the business will be immediately closed and all associated costs will be assessed to the business owner. Please Print Your Name Signature: Telephone # Date: o Property Owner or CJ Authorized Representative - Office Use Only- Previous legal use ofbldgJIease space: The business address referenced above is located in the Gene..1 Plan Land UseIZoning District and is: o PERMITIED - A Business Registration Certificate may be issued. o PERMITTED - A Business Registration Certificate may be issued. If the business is discontinued for more than one (I) year, a Conditional Use Pennit must be obtained before the use may be reestablished. a PERMITTED SUDJECT TO DEVELOPMENT PERMIT TYPE UII APPROVAL - A Dusine.. Registra.ion CortiflCale may be issued. However, a Development Permit Type JIll must be obtained before the use may be established. CJ NONCONFORMING - A Business Registration Certificate may be issued. The proposed business is a continuation of . nonconfonning use. If the building is left vacant for over one (I) year, the proposed business will lose its nonoonfonnina status and all uses thereafter shall conform to the Development Code. CJ CONDITIONAL USE PERMIT REQUIRED - A Business Registration Certificate may not be issued until a Conditional Use Penn it has been obtained. o NOT PERMITTED - A Business Registracion Certifieate may not be issued. The proposed use is not allowed in the land use/zoning district referenced above. o Subject to tbe Property Maintenance Inspection Proenm. Related Planning Case(s): Comments: Reviewing Planner: Date: NOTE: If a Business Registration Certificate is not obtained within sixty (60) days, a new zoning verification review is required. OlSTRIBUTJON: WHITE - Business Registration Div. . YELLOW - Applicant. PINK _ Address File (10102) Exhibit "c" City of San Bernardino Development Services Department ZONING VERIFICA nON REVIEW Name of Business: New Business Location (Address): Suite # Type of Business (Describe): Proposed Opening Date of Business: A/ Business is located in: 0 a single-tenant building/property; or 0 a multi-tenant building/center. f Has the building/center been vacant for more than one (I) year? 0 Ye~ DNo CHECK HERE IF THIS IS A CHANGE IN OWNERSHIP OF AN EXISTING BUSINESS AT SAME LOCA nON WITH NO CHANGE IN USE: 0 IF SO, HOW LONG HAS THE USE EXISTED AT ABOVE LOCATION? I) This review is required to obtain a City Business Registration Certificate. IT IS NOT AN APPROVAL TO OCCUPY A STRUCTURE and does not imply that the site/building complies with City Code requirements nor does it relieve the business/property owner from any other applicable City requirements or external agency permits. 2) A Development Permit or Conditional Use Permit may be required to establish the proposed use. If so, improvements or conditions may be required of the property and must be installed, completed, or met prior to establishing the business. 3) A Certificate of Occupancy will be required to occupy of the building if the building has been vacant more than six (6) months or if there is a change of occupancy based on the Uniform Building Code. 4) If a Code Compliance case or violation exists, it must be closed prior to the establishment of any use. It is the responsibility of the Business Representative/Owner to contact the Code Compliance Division [Located at 201 N. "E" Street - (909) 384-5205] to identify & resolve any outstanding code enforcement actions. CERTIFICATION: 1 hereby certifY, under penalty of perjury, that I have read and understand statements 1,2,3, & 4 listed above and further certifY that the information filled in above is correct. I agree to comply with all applicable State and City laws pertaining to business operations and Building, Fire, and Development Code requirements.' I certify that I have received a copy of the Property Maintenance Inspection Program. In addition, I certifY that I am the property owner or authorized by the property owner as the business representative to establish the proposed business at the given address. I acknowledge that in the event the business is established prior to meeting any of the requirements identified I>eIew; the business will be immediately closed and all associated costs will be assessed to the business owner. Please Print Your Name Signature: Telephone # Date: o Property Owner or 0 Authorized Representative -Office Use Only- Previous legal use ofbldg.llease space: The business address referenced above is located in the General Plan Land Use/Zoning District and is: o PERMITTED - A Business Registration Certificate may be issued. o PERMITTED - A Business Registration Certificate may be issued. If the business is discontinued for more than one (1) year, a Conditional Use Permit must be obtained before the use mav be reestahli.hpn