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HomeMy WebLinkAbout31-Development Services ORIGlr'~AL CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Initiation of a Development Code Amendment related to Single-Price OverstocklDiscount Stores. Dept: Development Services Date: August 20, 2008 MCC Date: September 2, 2008 Synopsis of Previous Council Action: August 19,2008. The Legislative Review Committee recommended that the Development Code be revised. October 16, 2006. The Mayor and Common Council adopted MC-1236, an ordinance that permanently prohibited certain designated businesses. October 4, 2004. The Mayor and Common Council adopted Ordinance No. MC-1188, an urgency ordinance that established a moratorium on certain designated businesses. Recommended Motion: That Planning staffbe directed to initiate an amendment to the Development Code to modify the provisions to allow consideration of single-price overstock/discount stores. ~O,Rm- Valerie C. Ross Contact person: Valerie C. Ross Phone: 5203 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: $5,000 Source: (Acct. No.) 001-190-5121 Acct. Description: Finance: Council Notes: Agenda Item No. ~ q"'Z-06 CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT Subject: Initiation of a Development Code Amendment related to Single-Price Overstock/Discount Stores. Background: The Mayor and Common Council adopted Ordinance No. MC- I 188 on October 4, 2004. This was an urgency ordinance that established a moratorium on certain designated businesses. On 'I October 16, 2006, the Mayor and Common Council adopted MC-1236, an ordinance that permanently prohibited the establishment of certain new businesses in the City. Recently, concerns were raised by some of the council members that the City may wish to re-consider the permanent prohibitions established through MC-1236. At their meeting of June 17,2008, the Legislative Review Committee discussed the prohibited uses and asked staff to prepare recommendations to consider allowing certain prohibited uses in certain situations and/or at certain locations. Staff prepared options for consideration, which were discussed by the Committee at their meeting of July 22, 2008. Staff returned to the Legislative Review Committee on August 5, 2008 with specific recommendations related to single-price overstock/discount stores. At their meeting of August 19,2008, the Committee referred those recommendations to the Mayor and Common Council with a recommendation that staff prepare an amendment to the Development Code. Please refer to the memorandums to the Legislative Review Committee for additional information. Financial Impact: Staff estimates that it will cost approximately $5,000 to process the amendment to the Development Code. This includes advertising and mailing costs, not stafftime. Recommendation: That the Mayor and Common Council direct Planning staff to prepare an amendment to the Development Code to modify the provisions to allow consideration of single-price overstock/discount stores. Attachments: Memorandum dated July 17,2008 to Legislative Review Committee Memorandum dated August I, 2008 to Legislative Review Committee 2 ~ . " CITY OF SAN BERNARDINO Development Services Department Interoffice Memorandum TO: Legislative Review Committee FROM: Valerie C. Ross, Director SUBJECT: Moratorium on Certain Designated Businesses DATE: July 17, 2008 COPlES: Fred Wilson, City Manager; Terri Rahhal, Deputy Director/City Planner On October 4, 2004 the Mayor and Common Council adopted Ordinance No. MC-1188, an urgency ordinance that established a moratorium on certain designated businesses. On October 16,2006, the Mayor and Common Council adopted MC-1236, an ordinance that permanently prohibited the establishment of certain new businesses in the City. Both the urgency ordinance and the permanent ordinance contained findings that there was an overproliferation of certain commercial uses ad that those uses contributed to certain adverse effects including increased crime, loitering, litter and illegal dumping, illegal signage, improperly maintained landscaping, and depreciation of property values. On June 17, 2008 the Legislative Review Committee discussed the possibility of modifying MC- 1236 to allow some of the prohibited uses in certain situations and/or at certain locations. Single- price overstock/discount stores, tattoo parlors and body piercing studios, convenience stores, and tire shops were specifically mentioned. Staff was directed to identify options for consideration by the Committee. Minimum sauare footalle reauirement. Section 19.06.025(A)(9) does not allow tire shops that are less than 5,000 square feet. This provision has not precluded reputable firms from opening new stores. Section 19.06.025(B) allows the specified businesses if they are located in a shopping center or mall of 200,000 square feet or greater. This has not precluded the establishment of new businesses at places such as Inland Center Mall or the Mount Vernon Swap Meet. Section 19.06.025(C) allows the specified businesses if they are located in a stand along building of25,000 square feet or greater. No new specified businesses have been established under this provision. A smaller square footage requirement could be established. Locational criteria. Section 19.06.025(6) contains a provision that convenience stores cannot be located within a one-mile radius of another convenience store. This precludes the 7/11 from I. .. , "I LRC Specified Businesses July 17,2008 Page 2 of2 proceeding with a convenience store on E. Highland A venue. A smaller radius could be established. Conditional Use Permits. With the exception of convenience stores, none of the other specified uses required a CUP prior to adoption of the urgency ordinance. The Mayor and Common Council could allow some or all of the specified uses to be considered through the CUP process. The Mayor and Common Council could consider site specific existing conditions and surrounding land use patterns for each application, and make findings about the potential impacts on blight, crime, code enforcement issues etc. which were the basis for the moratorium in the first place. The CUP application fee and process will discourage the "fly-by-night" applicants. Strategic Policy Areas. The Land Use Element of the General Plan includes Strategic Policy Areas with policies to help create, preserve, revitalize, and enhances these selected areas. The Mayor and Common Council could allow some or all of the prohibited uses in all or certain Strategic Policy Areas. If these areas do not work, the Mayor and Common Council could establish new areas through an overlay. Staff looks forward to discussing these options with the Legislative Review Committee. CITY OF SAN BERNARDINO Development Services Department Interoffice Memorandum TO: Legislative Review Committee VlJL- FROM: Valerie C. Ross, Director SUBJECT: Moratorium on Certain Designated Businesses DATE: August I, 2008 COPIES: Fred Wilson, City Manager; Terri Rahhal, Deputy Director/City Planner At the July 22, 2008 Legislative Review Committee meeting, the Committee discussed the options provided by staff and requested that staff return with more specific recommendations related to the single-price overstock/discount stores and convenience stores. Attached is Section 19.06.025 of the Development Code that includes the prohibited uses. Subsections 4 and 5 contain proposed language related to single-price/overstock/discount stores. Staff will return to the next meeting with recommendations related to convenience stores. !) 19.06.025 PROHIBITED USES MC 123310/2/06 I. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Pern1it, Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for the establishment of a new business, or the relocation of an existing business, in the City of San Bernardino within the following categories of commercial uses: A. Smoke Shops - Establishments that either exclusively or as a substantial portion (+50%) of their floor area, sell cigarettes, cigars, pipes, bongs, tobacco, and related paraphernalia. B. Single-price overstock/discount store - Establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock and general merchandise prirnarily at a single discount price and/or in the low and very low price ranges including, but not limited to, food stuffs, alcoholic beverages, apparel and accessories, costume jewelry, notions and wares, housewares, fountain refreshments, and toys. C. Tattoo Parlors and/or Body Piercing Studios - Establishments that engage in any method of placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instrun1ents designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring and/or establishments that create an opening in the body of a person for the purpose of inserting jewelry or other decoration. This category shall not include licensed physicians, nurses, electrologists, and cosmetologists and shall also not include jewelry stores that offer ear piercing. D. Second Hand StoreslThrift Stores - Establishments that sell used merchandise such as clothing and shoes, household furniture, home furnishings and appliances, books and magazines, office furniture, used musical instruments, used phonographs and records, used fixtures and equipment, including re-sale shops, consignment shops, and similar businesses. This category shall not include the following: I. Stores owned or operated by existing entities recognized as non-profit by the Secretary of State of the State of California, and in "good status" with the same. 2. Antique Stores - An antique, for the purposes of this ordinance, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, and at least 50 years old. This includes any premise used for the sale or trade of articles of which 90% or more are over 50 years old or have collectible value. 3. Existing, legally established indoor concession malls and outdoor swap meets, unless otherwise prohibited. E. Check-Cashing, Cash Advance, and Loan Facilities - Establishments that engage, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose, such facilities do not include a state or federally chartered bank, savings and loan association, credit union, or industrial loan company. I. This category shall include any business licensed by the California Commissioner of Corporations to make deferred deposit transactions pursuant to California Financial Code Section 23000 et seq., sometimes referred to as "payday advance," "cash advance," or "payday loan" services. 2. This category shall not include any ancillary check-cashing facility that is located entirely within a major retailer over 15,000 square feet in size. F. Convenience Stores (if located within a one mile radius or another convenience store) - The retail sale of groceries, staples, sundry items, and/or alcoholic beverages where the gross floor area is less than 5,000 square feet. This category shall not include any convenience store located on the same parcel with a service station (gasoline station). G. Pawn Shops - Businesses that loan money or other items of value to any person, firm or corporation, upon any personal property, personal security or the purchasing of personal property and reselling or agreeing to resell such articles at prices previously agreed upon. This category shall not include any legally established pawnshop in an unreinforced masonry building to be relocated to another building within 50 feet of the current location. H. Automotive Stereo Shops - Establishments that either exclusively or as a substantial portion (+50%) of their floor area, sell and install automotive stereos and accessories. This category shall not apply to the establishment of a new Automotive Stereo shop in the Auto Center Plaza area. 1. Tire Stores - Establishments less than 5,000 square feet in size which sell new and/or used automobile tires and accessories. This category shall not include legally established service stations and auto repair facilities. 1. Self-service Laundry - Any commercial establishment providing the use of self- service washing machines and dryers to the public, usually coin-operated. K. Recycling Center - Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public. L. Party Supply Stores - Establishments that either exclusively or as a substantial portion of their floor area, sell or rent party supplies and equipment. . . 2. Section 19.06.025(1) shall not apply to any of the enumerated uses if established in a shopping center or mall containing over 200,000 square feet of floor area and that have at least one major commercial-anchor-tenant. 3. Section 19.06.025( I) shall not apply to any of the enumerated uses if that use is exclusively established in single independent building exceeding 25,000 square feet in size. 4. Section 19.06.025(I )(8) shall not aooly if that use is exclusively established in a single building or tenant soace exceeding 15.000 SQuare feet in size. 5. Section 19.06.025(J)(B) shall not aooly if the Mayor and Common Council aooroye a lesser SQuare footage. through a Conditional Use Permit. The Mayor and Common Council will consider factors such as vacant buildings in the immediate area. surrounding land use oatterns. substantial imorovementsluogrades to the building or center. and ootential imoacts on blight. crime. code enforcement issues. etc. in addition to the findings outlined in Section 19.36.050 of this Development Code.