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ORIGINAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
Valerie C. Ross, Director
Development Services
Subject: Development Code Amendment No. 08-04,
an ordinance amending Section 19.06.025 of the
Development Code to provide for exceptions to the
prohibition of single-price overstock/discount stores
in the City of San Bernardino.
Date:
December 23, 2008
MCC Date: January 20,2009
Synopsis of Previous Council Action:
10/4/04
Mayor and Council adopted MC-1188, an urgency ordinance prohibiting establishment or
relocation of specified businesses in the City of San Bernardino
Mayor and Council adopted MC-II96 amending and extending MC-1188
Mayor and Council adopted MC-1236, establishing Section 19.06.025 Prohibited Uses
Legislative Review Committee recommended the proposed Development Code Amendment
Mayor and Council directed staff to initiate the proposed Development Code Amendment
6/6/05
10/2/06
8/19/08
9/2/08
Recommended Motion:
That the hearing be closed and that the item be referred to Legislative Review Conmlittee.
~ C'j?U4--
Valene C. Ross
Contact person: Terri Rahhal, Citv Planner
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s): Citv-wide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Ace!. No.)
(Ace!. Description)
Council Notes:
~ Finance:
7tfLr~dfv LI? c!..-
Agenda Item No. g3
'.2tJ-O,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Development Code Amendment No. 08-04, an ordinance amending Section
19.06.025 of the Development Code to provide for exceptions to the prohibition
of single-price overstock/discount stores in the City of San Bernardino.
APPLICANT:
Development Services Department
300 N. "D" Street
San Bernardino, CA 92418
BACKGROUND:
On October 4, 2004, the Mayor and Common Council adopted MC-1188, an urgency interim
land use ordinance prohibiting establishment or relocation of specified land uses within the City.
The Mayor and Council found that over-proliferation of the uses specified in the ordinance had
contributed to various adverse impacts on the community, including increased crime, illegal
signage, poor property maintenance and depreciation of property values. MC-1196 was adopted
on June 6, 2005, to amend and extend the provisions of MC-1188. On October 2, 2006,
Development Code Amendment (DCA) No. 06-02 was approved by Ordinance MC-1236 to
adopt the provisions of the interim ordinances on a permanent basis by adding Section 19.06.025
"Prohibited Uses" to Development Code.
There are twelve categories of commercial uses that are prohibited by Section 19.06.025 of the
Development Code. Single-price overstock/discount stores, defined as "establishments that sell a
broad range of outlet, close-out, discontinued, liquidation or overstock and general
merchandise, primarily at a single discount price and/or in the very low price ranges, including,
but not limited to food stujft, alcoholic beverages, apparel and accessories, costume jewelry,
notions and wares, housewares, fountain refreshments and toys" comprise one category of the
prohibited uses. Section 19.06.025 provides two exceptions to the prohibition of the twelve use
categories. One exception is for any business proposed to be established in a shopping center
containing over 200,000 square feet of floor area; and the other exception is for any business
proposed to occupy a single building exceeding 25,000 square feet in floor area. The proposed
ordinance (Exhibit 1) would provide additional exceptions specific to single-price
overstock/discount stores.
Based on concerns expressed by citizens and the business community, the Legislative Review
Committee of the Common Council (LRC) has discussed potential amendments to the Prohibited
Uses Section 19.06.025 of the Development Code on several occasions. On August 19,2008, the
LRC recommended that single-price overstock/discount stores be permitted in buildings or tenant
spaces of at least 15,000 square feet, and that exceptions for proposals to occupy smaller spaces
be considered on a case-by-case basis, subject to approval of a Conditional Use Permit (CUP) by
the Mayor and Council, with a recommendation from the Planning Commission.
DCA No. 08-04
Hearing Date: January 20, 2009
Page 2
On September 2, 2008, the Mayor and Common Council directed staff to initiate a Development
Code Amendment for review by the Planning Commission, as recommended by the LRC.
The Planning Commission considered the proposed Development Code Amendment on
November 18, 2008. The Senior Deputy City Attorney suggested that some objective standards
be added to the recommendation of a CUP requirement for tenant spaces less than 15,000 square
feet. The Planning Commission did not recommend any specific standards, but recommended
approval of DCA No. 08-04 on a vote of 5 - 3. Commissioners Durr, Longville, Mulvihill, Rawls
and Sauerbrun voted to recommend approval, and Commissioners Coute, Heasley and Muiloz
voted against the amendment. Commissioner Hawkins was absent. The Planning Commissioners
who voted against DCA No. 08-04 stated that they support the current provisions of
Development Code Section 19.06.025 Prohibited Uses, and that they did not recommend
additional exceptions for single-price overstock/discount stores.
FINANCIAL IMPACT
None. Any additional cost of implementing the proposed ordinance will be covered by associated
permit application fees.
RECOMMENDATION
Staff recommends that the Mayor and Common Council close the public hearing and layover the
ordinance for final adoption.
EXHIBITS:
I Ordinance
2 Planning Commission Statement of Action and Staff Report
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTION 19.06.025 OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO
SINGLE-PRICE OVERSTOCK/DISCOUNT STORES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION!. Chapter 19.06, Section 19.06'()25 of the San Bernardino Municipal Code
(Development Code) is amended to add provisions to permit additional single-price
overstock/discount stores, subject to additional floor area standards or approval or a Conditional
Use Permit by the Mayor and Common Council, as shown in Attachment I attached hereto and
incorporated herein by reference.
SECTION 2. Severability. In the event that any provision or this Ordinance. or any part
thereof, or any application thereof to any person or circumstance, is for any reason held to be
unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
face or as applied, such holding shall not affect the validity nr elTectivcncss or any of the
remaining provisions of this Ordinance, or any pal1 thereot~ or any application thereof to any
19 person or circumstance or of said provision as applied to any other person or circumstance. It is
20 hereby declared to be the legislative intent of the City that this Ordinance would have been
21
22 IIII
adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
23
24
25
26
27
28
IIII
IIII
1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
2 CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTION 19.08.025 OF THE SAN
3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO
SINGLE-PRICE OVERSTOCK/DISCOUNT STORES.
4
5
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
6
meeting thereoC held
,2009 by the following vote to wit:
ABSTAIN
ABSENT
City Clerk
19
20
21
22
The foregoing ordinance is hereby approved this _day of
,2009.
PATRICK J. MORRIS, Mayor
City of San Bernardino
23 Approved as to form:
24
25 JAMES F. PENMAN
City Attorney
26
27 By: }w7f7,..".-1L t;" ,t.J d) ~A<~ '! l.
III i;I...~. l.,,(;btJ)..J, ~ ~
28 1\
III f#.- ~ ~ c.:. ~ a-.-I ~ 0-1
~ 64 .rxo.-./ Ivr ~ ~ Of:.
~ 'T 2A- (.(./. J.?!-/
ATTACHMENT 1
COMMERCIAL DISTRICTS -19.06
19.06.025 PROHIBITED USES MC 1233 10/2/06
1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino
Municipal Code, including the Development Code, no Conditional Use Permit,
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 stores - Establishments that sell a broad range of
outlet, close-out, discontinued, liquidation, or overstock and general merchandise,
primarily 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. This category shall not apply to establishments proposed to
OCCUpy buildings or tenant spaces exceeding 15.000 square feet in floor area.
Exceptions to permit single-price overstock/discount stores less than 15,000 square
feet in area may be requested bv application for a Conditional Use Permit, subiect to
approval bv the Mayor and Common Council, with a recommendation from the
Planning Commission.
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 instruments 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 Stores/Thrift 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:
II-59
COMMERCIAL DISTRICTS -19.06
1. 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 umeinforced 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.
11-60
COMMERCIAL DISTRICTS -19.06
I. 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.
J. 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.
1. 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(1) 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
11-61
AGENDA ITEM TRANSMITTAL SHEET
Council Meeting Date
Regular X
January 20, 2009
Supplemental
Department Development Services
TITLE OF RESOLUTION/ORDINANCE:
DEVELOPMENT CODE AMENDMENT NO, 08-04, AN ORDINANCE AMENDING SECTION
19.06.025 OF THE DEVELOPMENT CODE TO PROVIDE FOR EXCEPTIONS TO THE
PROHIBITION OF SINGLE-PRICE OVERSTOCK/DISCOUNT STORES IN THE CITY OF SAN
BERNARDINO.
SUBMITTED TO CITY ADMINISTRATOR
Date
From Development Services
SUBMITTED BY CITY ADMINISTRATOR TO CITY ATTORNEY
Date Received By
RETURNED BY CITY ATTORNEY TO DEPARTMENT FOR CHANGES
1st Time: Dat~ Received By ;:ir('J' ~
2nd Time: Date Received By
RESUBMITTED BY DEPARTMENT TO CITY ATTORNEY WITH CHANGES
1st Time: Datet!q!Oq Received By ~ ~'
Received By
2nd Time: Date
SUBMITTED BY CITY ATTORNEY TO CITY ADMINISTRATOR FOR PLACEMENT ON AGENDA
Date Received By
EXHmIT 2
PROJECT
Number:
Development Code Amendment No. 08-04
Applicant:
City-Initiated
Description:
A proposal to amend Section 19.06.025(I)(B) of the Development Code to
provide for exceptions to the prohibition of single-price
overstock/discount stores in commercial land use districts in the City of
San Bernardino. The proposed amendment would permit single-price
overstock/discount stores exceeding 15,000 sqaure feet in floor area, and
would provide for additional exceptions subject to approval of a
Conditional Use Permit by the Mayor and Common Council, with a
recommendation from the Planning Commission.
ACTION:
RECOMMENDED APPROVAL
Meeting Date:
November 18, 2008
The Planning Commission recommended approval of Development Code Amendment No. 08-04
to the Mayor and Common Council, based on the Findings of Fact contained in the Staff Report,
and subject to additional criteria to be recommended by the City Attorney.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Durr, Longville, Mulvihill, Rawls and Sauerbrun
Coute, Heasley, Munoz
None
Hawkins
This item will be scheduled before the Mayor and Common Council for final action.
I hereby certify that this Statement of Official Action accurately reflects the final determination
of the Planning Commission of the City of San Bernardino.
//VJJ
Terri Rahhal, Deputy Director/City Planner
//-)l~oJ
Date
cc: Case File, Department File
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 08-04
4
November 18,2008
City-wide
APPLICANT:
Development Services Department
300 North D Street
San Bernardino, CA 92418
(909) 384-5057
REQUESTILOCATION:
A proposal to amend Section 19.06.025(1)(B) of the Development Code to provide for
exceptions to the prohibition of single-price overstock/discount stores in commercial land use
districts in the City of San Bernardino. The proposed amendment would permit single-price
overstock/discount stores exceeding 15,000 square feet in floor area, and would provide for
exceptions to be subject to approval of a Conditional Use Permit by the Mayor and Common
Council, with a recommendation from the Planning Commission.
CONSTRAlNTS/OVERLA YS:
Not Applicable
ENVIRONMENTAL FINDINGS:
~ Not Subject to CEQA
o Exempt, Section
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Plan
STAFF RECOMMENDATION:
~ Recommend Mayor and Council Approval
o Conditions
o Denial
o Continuance to:
DCA No. 08-04
Hearing Date 11/18/2008
Page 2
PROJECT DESCRIPTION
The proposed Development Code Amendment would modifY the following excerpted section of
the Development Code that prohibits establishment or relocation of single-price
overstock/discount stores in commercial land use districts in the City of San Bernardino. The text
proposed to be added is shown in underline text below, and the full text of Section 19.06.025 is
attached as Attachment A
19.06.025
PROHIBITED USES
I. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino
Municipal Code, including the Development Code, no Conditional Use Permit, 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:
B. Single-price overstock/discount stores - Establishments that sell a broad range of outlet,
close-out, discontinued, liquidation or overstock and general merchandise primarily 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. This category shall not
apply to establishments proposed to OCCUpy buildings or tenant spaces exceeding 15.000
Square feet in floor area. Exceptions to permit single-price overstock/discount stores less
than 15.000 square feet in area may be requested by application for a Conditional Use
Permit. subiect to approval by the Mayor and Common Council. with a recommendation
from the Planning Commission.
SETTING/SITE CHARACTERISTICS
The proposed Development Code Amendment, DCA No. 08-04, would apply in commercial
land use districts, City-wide.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA)
The proposed Development Code Amendment will not result in a direct or reasonably
foreseeable indirect physical change in the environment. The amendment would reduce
restrictions on a specific type of retail store in commercial land use districts. Without the
proposed amendment, other retail uses would be permitted in the potential sites of single-price
overstock/discount stores, resulting in similar physical impacts. Therefore, DCA No. 08-04 is not
a project subject to CEQA, pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
DCA No. 08-04
Hearing Date 11/18/2008
Page 3
BACKGROUND
The proposed amendment was considered and discussed in concept by the Legislative Review
Committee (LRC) of the Common Council in July and August of 2008. On August 19, 2008, the
LRC recommended that the Mayor and Council direct staff to initiate a Development Code
Amendment to allow consideration of single-price overstock/discount stores subject to approval
by the Mayor and Council. On September 2, 2008, the Mayor and Council directed staff to
initiate a Development Code Amendment as recommended by the LRC. Additional background
information is detailed in the attached staff reports to the LRC and the Mayor and Council
(Attachment B).
ANALYSIS
The amendment proposed by DCA No. 08-04 would allow for site-specific review and discretion
by the Mayor and Common Council to approve establishment of single-price overstock/discount
stores that are otherwise prohibited by the Development Code. The prohibition of certain
specified commercial uses, including single-price overstock/discount stores, beginning with an
urgency interim land use ordinance in 2004, was enacted to avoid blight, code compliance
problems and other land use issues associated with over-proliferation and over-concentration of
the specified commercial uses. The initial moratorium, eventually adopted permanently as
Section 19.06.025 of the Development Code, was intended to avoid nuisances, poor property
maintenance and other negative impacts on commercial land use districts. The proposed
amendment would grant authority to the Mayor and Council to make exceptions for individual
proposals for single-price overstock/discount stores through site-specific analysis and review of a
Conditional Use Permit, with recommendations from staff and the Planning Commission. This
level of site-specific application review will provide for analysis of potential conflicts with
surrounding land uses to ensure land use compatibility in a manner superior to the existing city-
wide prohibition of the Development Code.
FINDINGS
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would provide more site-specific review
authority and discretion of the Mayor and Common Council in the consideration of
proposals to establish single-price overstock/discount stores in the City. This case-by-
case review will ensure proper planning of such uses to maintain land use compatibility,
in balance with public convenience and public safety, consistent with the following Goals
and Policies of the General Plan:
Goal 2.2: "Promote development that integrates with and mInImIzes impacts on
surrounding land uses."
Policy 2.2.1 0: "The protection of the quality of life shall take precedence during the
review of new projects. Accordingly, the City shall utilize its discretion to deny or require
mitigation of projects that result in impacts that outweigh benefits to the public."
DCA No. 08-04
Hearing Date 11/18/2008
Page 4
Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by
strategic infill of new development and revitalization of existing development."
Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of
development, land use flexibility and customized site development standards shall be
achieved through various master planning devices, such as specific plans, planned
development zoning and creative site planning."
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
The proposed amendment would substitute site-specific project review and land use
analysis by staff and the Planning Commission for the current prohibition of single-price
overstock/discount stores in the City of San Bernardino. The site-specific review process,
subject to approval by the Mayor and Council, would ensure compatibility in each case.
Therefore, the proposed Development Code Amendment serves the public interest and
would not be detrimental to public health, safety, convenience or general welfare.
CONCLUSION
The proposed Development Code Amendment is consistent with the General Plan and would
serve the public interest, as supported by the Findings of Fact for approval. Site-specific
evaluation of potential land use conflicts by the Mayor and Common Council will ensure
approval of appropriate sites for single-price overstock/discount stores that will not be
detrimental to the public health, safety or welfare, or the public convenience.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Development Code
Amendment No. 08-04 to the Mayor and Common Council, based on the Findings of Fact
contained in this Staff Report.
Respectfully Submitted,
~ C:fdfY
Valerie C. Ross
Director, Development Services
'/ c:::e~
Terri Rahhal
Deputy Director/City Planner
Attachment A: Development Code Section 19.06.025 with proposed amendment
Attachment B: September 2, 2008 Request for Council Action
ATTACHMENT A
COMMERCIAL DISTRICTS - 19.06
19.06.025 PROHIBITED USES MC 1233 10/2/06
I. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino
Municipal Code, including the Development Code, no Conditional Use Permit,
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 stores - Establishments that sell a broad range of
outlet, close-out, discontinued, liquidation, or overstock and general merchandise,
primarily 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. This category shall not applv to establishments propOsed to
OCCUpy buildings or tenant exceeding 15,000 SQuare feet in floor area. Exceptions to
permit single-price overstock/discount stores less than 15.000 SQuare feet in area
mav be requested bv application for a Conditional Use Permit. subiect to approval
bv the Mavor and Common Council. with a recommendation from the Planning
Commission.
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 instruments 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 StoresfThrift 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-saIe shops, consignment shops,
and similar businesses. This category shall not include the following:
II-59
COMMERCIAL DISTRICTS - 19.06
1. 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.
1. 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
11-60
COMMERCIAL DISTRICTS - 19.06
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.
J. 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.
1. 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(1) 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
11-61
ATTACHMENT B
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
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From: Valerie C. Ross. Director
Subject:
Initiation ofa Development Code
Amendment related to Single-Price
OverstockIDiscount Stores.
Dept: Development Services
Date: August 20. 2008
MCC Date: September 2. 2008
S~'nopsis 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:
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That Planning staff be directed to initiate an amendment to the Development Code to modify the
provisions to allow consideration of single-price overstock/discount stores.
~ (), KI#-
Valerie C. Ross
Contact person: Valerie C. Ross
Phone:
5203
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS: Amount:
$5,000
Source: (Acc!. No.) 001-190-5121
Acct. Description:
Finance:
Council Notes:
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Agenda Item No. ~
~"2...oe
_ CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTIO,,",
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
, 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:
Stall' estimates that it will cost approximately $5,000 to process the amendment to the
Development Code. This includes advertising and mailing costs, not staff time.
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 ston::s.
Attachments: Memorandum dated July 17.2008 to Legislative Review Committee
Memorandum dated August I, 2008 to Legislative Review Committee
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CITY OF SAN BERNARDINO
Development Servicel Dep.rtment
Interoffice Memonlndum
TO:
Legislative Review Committee
FROM:
Valerie C. Ross, Director
SUBJECT:
Moratorium on Certain Designated Businesses
DATE:
July 17, 2008
COPIES:
Fred Wilson, City Manager; Terri RahhaI, Deputy Director/City Planner
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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-i236, 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, convenieiice stores, and
tire shops were specifically mentioned. Staff was directed to identify options for consideration by
the Committee.
Minimum sauare footal!e reaulrement.
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(8) allows the specified businesses if they are located in a shopping center or
mall of 200,000 square feet or greater. This bas not precluded the establishment of new
businesses at places such as Inland Center Mall or the Mount V croon Swap Mcet
Section 19.06.025(C) allows the specified businesses if they are located in a stand along building
of 25,000 square feet or greater. No new specified businesses have been established under this
provision. A smaller square footage requirement could be established.
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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
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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.
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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 fmdings 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.
Strate2ic Policv 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.
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CITY OF SAN BERNARDINO
_. De..elopment Services Department
Interoffice Memorandum
TO: Legislati\'e Review Committee
'fU2-
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.
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19.06.025 PROHIBITED USES MC 1233 10/2/06
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1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino
Municipal Code, including the Development Code, no Conditional Use Pemlit,
Development Pennit, Building pennit, 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 ponion
(+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
primarily 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 refteshmenlS,
and toys.
c.
Tattoo Parlors and/or Body Piercing Studios - Establishments that engage in any
method of placing pennanent designs, letters, scrolls, figures, symbols, or any other
marks upon or lDlder the skin with ink or any other substance, by the aid of needles
or any other instruments designed to touch or plDlcture 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.
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D. Second Hand StoreslThrift Stores - Establishments that sell used merchandise such
as clothing and shoes, household fumirure, home fumishings and appliances, books
and magazines, office furniture, used musical instruments, used phonographs and
records, used fixtures and equipment, including rc-sale shops, consignment shops,
and similar businesses. This category shall not include the following:
I. Stores ovmed or operated by existing entities recognized as non-profit by the
Secretary of State of the Stale 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.
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3.
Existing, legally established indoor concession malls and outdoor swap
meets, unless otherwise prohibited.
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E,
Check-Cashing. Cash Advance, and Loan Facilities - Establishments that engag~. In
whole or in pan, in the business of cashing checks, waIT"dI1ts, drafts, money orders.
or other commercial paper serving the same purpose, such facilities do not include a
state or federally chanered 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 el seq.. sometimes
referred to as "payday advance," "cash advance," or "payday loan" services.
2. This category shal] 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 feel. This category shall not
include any convenience store located on the same parcel with a service station
(gasoline station).
G.
Pawn Shops - Businesses that Joan 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 shal] not include any legally established
pawnshop in an unreinforced masonry building to be relocated to another building
within 50 feet of the current location.
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H, Automotive Stereo Shops - Establishments that either exclusively or as a substantial
portion (+50010) 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.
I. 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.
J. 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.
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Party Supply Stores - Establishments that either exclusively or as a substantial
portion of their floor area, sell or rent party supplies and equipment.
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Section 19.06.025(]) shall not apply to any of the enumerated uses if established in a
shopping center or mall containing over 200,000 square feel of floor area and that haw at
least one major eommerciaJ-anchor-tenant.
3. Section 19.06.025(1) 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())(BI .hall not aooly if that use is exclusively established in a sinll.le
buildinll. or tenant SDaee exceedinll. 15.000 souare feet in size.
5. Section 19.06.025(1 )(B) shall not aoolv if the Mayor and Common CouncilaDDTOve a lesser
souare footall.e. throulI.h a Conditional Use Permit. The Mayor and Common Council will
consider factors such as vacant buildinlZs in the immediate area. surroundinll. land use
Dattems. substaDtial imorovementsluolZf3(\es to the buildinlZ or center. and notential imoacts
on blilZbt. crime. code enforcement issues. etc. in addition to the findings outlined in Section
19.36.050 of this Develooment Code.
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