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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: M. Margo Wheeler, Director
Subject: An ordinance of the City of San
Bernardino amending Section 19.06.025 "Prohibited
Uses" of the Municipal Code (Development Code)
to permit single-price overstock/discount stores,
self-service laundry facilities and party supply stores
meeting minimum floor area standards in
commercial land use districts subject to a
Conditional Use Permit. (DCA 11-05 & DCA 11-09)
Dept: Community Development
Date: September 19,2011
MCC Date:
October 3, 2011
Synopsis of Previous Council Action:
06/20/11 Mayor and Common Council referred DCA 11-05, the proposal to amend discount store and
self-service laundry regulations, to the Legislative Review Committee (LRC).
08/02/11 LRC reviewed DCA 11-05, regarding discount stores and self-service laundries, and continued
the matter for further analysis by staff and consultation with the City Attorney's office.
09/06/11 LRC reviewed DCA 11-05 and DCA 11-09, regarding party supply stores, and recommended
approval with revised floor area requirements.
Recommended Motion:
That the hearing be closed; and that said ordinance be laid over for final adoption.
/(/f~
M. Margo Wheeler, AICP
Contact Person: Terri Rahhal, City Planner
Staff Report
Phone: 3330
Ward(s): City-wide
Supporting data attached:
FUNDING REQUIREMENTS:
Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No.
IC)
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
An ordinance of the City of San Bernardino amending Section 19.06.025 "Prohibited Uses" of
the Municipal Code (Development Code) to permit single-price overstock/discount stores, self-
service laundry facilities and party supply stores meeting minimum floor area standards in
commercial land use districts subject to a Conditional Use Permit. (DCA 11-05 & DCA 11-09)
BACKGROUND:
Development Code Amendment (DCA) 11-05: On May 25, 2011, the Planning Commission
held a public hearing to consider a proposed amendment to Section 19.06.025 "Prohibited Uses"
of the Development Code. Staff reconunended modification of Sections 19.06.025 (1) (B) and
19.06.025 (I) (J) to permit single-price overstock/discount stores with a minimum floor area of
8,500 sq. ft. and self-service laundry facilities in conunercial land use districts, subject to a
Conditional Use Permit (CUP). The Planning Commission voted 6 to I in favor of
recommending approval of DCA II-OS. Conunissioners Calero, Eble, Heasley, Machen,
Mulvihill and Sauerbrun voted in favor of the motion and Conunissioner Coute voted no.
Commissioner Durr abstained and Commissioner Rawls was absent.
Development Code Amendment (DCA) 11-09: On August 24, 2011, the Planning Commission
held a public hearing to consider another proposed amendment to Section 19.06.025 "Prohibited
Uses" of the Development Code. DCA 11-09 was presented to the Planning Commission with a
recommendation to amend Section 19.06.025 (I) (L) to permit party supply stores in single-
tenant buildings of at least 8,500 sq. ft. or in spaces of at least 2,500 sq. ft. in multi-tenant centers
of at least 20,000 sq. ft., subject to a CUP. The Planning Commission voted unanimously to
recommend approval of DCA 11-09, with all members present.
LRC Review of DCA 11-05 on 812/11: The LRC considered DCA II-OS, a proposal to permit
discount stores with a minimum floor area of 8,500 sq. ft. and self-service laundries with no
specified floor area, subject to a CUP. Chair Marquez and Council Member Shorett were present.
Conunercial property owners/managers interested in accommodating discount stores and self-
service laundries addressed the LRC to recommend approval. Staff recommended approval of
DCA 11-05, stressing the control of the CUP review process, which allows discretion in approval
or denial of each proposal, on a case-by-case basis, based on site-specific conditions and subject
to conditions of approval specific to each application. The City Attorney's office raised a
concern about including more objective criteria for exceptions to the provisions of Section
19.06.025. The LRC continued the item and directed staff to meet with the City Attorney staff
and return with final recommendations.
LRC Review of DCA 11-05 and DCA 11-09 on 9/6/11: Chair Marquez and Council Member
Mc Cammack were present to review final recommendations on DCA II-OS, the proposal to
amend Prohibited Uses regulations to permit certain discount store proposals and self-service
laundry facilities subject to a CUP. Staff recommended additional criteria for acceptance of a
CUP application, based on minimum floor areas. Staff also presented DCA 11-09, with similar
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criteria recommended to permit party supply stores subject to a CUP. The LRC members
expressed concerns about enforcement of the conditions of the CUP approval, and staff informed
the LRC of a new program of annual inspections by the Code Enforcement Division to ensure
compliance with CUP conditions of approval. After hearing comments from developers and
representatives of some affected businesses seeking locations in the city, the LRC recommended
approval of both DCA proposals, with the following revised floor area requirements, which have
been incorporated in the proposed Ordinance:
BulliJtIM Type ~"'_ .floor.. in ~tloor_m MWm_ size of
MIl. ....~ Jmdti-Wnant center multi-UIJlant center
Single-price overstock! 9,000 sq. ft. 9,000 sq. ft. Not specified
discount store.
Self-service laundry N/A Not specified 20,000 sq. ft.
(multi-tenant only)
Party supply store 10,000 sq. ft. 2,500 sq. ft. 20,000 sq. ft.
Public Hearing Notice: Notice of the public hearing of this item was published in a 1/8 page
advertisement in the San Bernardino County Sun on September 23,2011. The hearing notice and
the proposed Ordinance incorporate the amendments of both Development Code amendment
proposals, DCA 11-05 and DCA 11-09.
California Environmental Quality Act (CEQA) Compliance: The proposed Ordinance is
exempt from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines,
because no direct or reasonably foreseeable indirect physical change in the environment would
result from its adoption.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
That the hearing be closed; and that said ordinance be laid over for final adoption.
Attachments:
I. Ordinance
2. September 6, 2011 Memo to the LRC concerning DCA 11-05, including the Planning
Commission staff report and meeting minutes.
3. September 6, 2011 Memo to the LRC concerning DCA 11-09, including the Planning
Commission staff report and meeting minutes.
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING SECTION 19.06.025 "PROHIBITED USES" OF THE
MUNICIPAL CODE (DEVELOPMENT CODE) TO PERMIT SINGLE-PRICE
OVERSTOCKJDISCOUNT STORES, SELF-SERVICE LAUNDRY FACILITIES AND PARTY
SUPPLY STORES MEETING MINIMUM FLOOR AREA STANDARDS IN COMMERCIAL
LAND USE DISTRICTS SUBJECT TO A CONDITIONAL USE PERMIT.
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WHEREAS, on October 2, 2006, the Mayor and Common Council adopted Ordinance No. MC-
1233, adding Section 19.06.025 "Prohibited Uses" to the Municipal Code (Development Code) to
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prohibit various uses that were found to cause or contribute to adverse effects in commercial land use
districts, including crime, nuisance activities, illegal signage and poor property maintenance; and
WHEREAS, single-price overstock/discount stores, self-service laundry facilities and party
supply stores are among the uses prohibited with certain exceptions pursuant to Section 19.06.025; and
WHEREAS, there is a demand to establish single-price overstock/discount stores, self-service
laundry facilities and party supply stores in the City in locations where such uses are currently
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prohibited by Section 19.06.025; and
WHEREAS, amendment of subsections 19.06.025( I )(B), 19.06.025( I )(J) and 19.06.025( I )(L) of
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the Development Code could provide for single-price overstock/discount stores, self-service laundry
facilities and party supply stores meeting certain floor area standards to be permitted subject to site-
specific review and findings for approval of a Conditional Use Permit, so that adverse impacts from the
subject land uses would be avoided; and
WHEREAS, on May 25, 20 II and on August 24, 20 II, the Planning Commission of the City of
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San Bernardino held noticed public hearings to consider public testimony and staff reports
recommending proposed amendments to the City Development Code to permit single-price
overstock/discount stores, self-service laundry facilities and party supply stores subject to approval of a
Conditional Use Permit, and recommended that the Mayor and Common Council adopt the amendments
as proposed; and
WHEREAS, on September 6,2011, the Legislative Review Committee of the Common Council
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reviewed the Planning Commission recommendation and recommended approval, with revisions to the
recommended floor area criteria; and
WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of
2 the proposed Ordinance was published in The Sun newspaper on September 23,2011;
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION l. The Mayor and Common Council finds that the above-stated Recitals are true and
hereby adopts and incorporates them herein.
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SECTION 2. Findings of Fact.
A. The Ordinance amending the Development Code is consistent with the General Plan of
the City of San Bernardino. The proposed Ordinance would provide for review and approval of single-
price overstock/discount stores, self-service laundry facilities, and party supply stores on a case-by-case
basis under the Conditional Use Permit review process, with conditions of approval that would ensure
compatibility with surrounding land uses, consistent with the following General Plan goals and policies:
Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land
uses. ~,
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Goal 2.4: "Enhance the quality oflife and economic vitality in San Bernardino by strategic infill
of new development and revitalization of existing development."
Policy 2.2.10: '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."
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."
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B. The proposed Ordinance amending the Development Code will not be detrimental to the
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public interest, health, safety, convenience or welfare of the City. Site-specific review and consideration
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of Conditional Use Permit applications by the Planning Commission will ensure that approval of single-
price overstock/discount stores, self-service laundry facilities and party supply stores will not create
nuisance conditions or degrade the appearance of commercial districts where they may be located.
Therefore, the proposed Development Code amendment serves the public interest and would not be
detrimental to public health, safety, convenience or general welfare.
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SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.06.025
"Prohibited Uses" is hereby amended to read as shown on Exhibit A, attached hereto and incorporated
herein by reference.
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SECTION 4. Compliance with the California Environmental Oualitv Act: The Mayor and
Common Council finds that the proposed Ordinance amending Section 19.06.025 ofthe Municipal Code
(Development Code) is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably
foreseeable indirect physical change in the environment.
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SECTION 5. Severabilitv: If any section, subsection, subdivision, sentence, or clause or phrase
in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that anyone or more
subsections, subdivisions, sentcnces, clauses, or phrases be declared unconstitutional, invalid, or
ineffective.
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING SECTION 19.06.025 "PROHIBITED USES" OF THE
MUNICIPAL CODE (DEVELOPMENT CODE) TO PERMIT SINGLE-PRICE
OVERSTOCKJDISCOUNT STORES, SELF-SERVICE LAUNDRY FACILITIES AND PARTY
SUPPLY STORES MEETING MINIMUM FLOOR AREA STANDARDS IN COMMERCIAL
LAND USE DISTRICTS SUBJECT TO A CONDITIONAL USE PERMIT.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
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8 of ,201 I, by the following vote to wit:
9 Council Members: AYES NAYS
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MARQUEZ
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JENKINS
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13 BRINKER
14 SHORETT
15 KELLEY
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JOHNSON
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18 MC CAMMACK
ABSTAIN
ABSENT
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Rachel Clark, City Clerk
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The foregoing Ordinance is hereby approved this
day of
,2011.
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Approved as to form:
PATRICK J. MORRIS, Mayor
City of San Bernardino
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JAMES F. PENMAN
City Attorney
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ATTACHMENT 2
CITY OF SAN BERNARDINO
Community Development Department - Planning Division
Interoffice Memorandum
TO: Legislative Review Committee
'TlC
FROM: Terri Rahhal, City Planner
SUBJECT: Amendment of Development Code Section 19.06.025, Prohibited Uses, to permit
single-price overstock/discount stores with a minimum floor area of 8,500 sq. ft.
and self-service laundry facilities in commercial land use districts subject to a
conditional use permit (DCA 11-05).
DATE: September6,2011
COPIES: Andrea Travis-Miller, Assistant City Manager; M. Margo Wheeler, Community
Development Director; Henry Empefto, Jr., Senior Deputy City Attorney
Background:
Development Code Amendment (DCA) 11-05, a proposal to amend Sections 19.06.025(B) and
19.06.025(1) to permit single-price overstock/discount stores over 8,500 sq. ft. in floor area and self-
service laundry facilities subject to a conditional use permit (CUP), has been recommended by the
Planning Commission, and was reviewed by the LRC on August 2, 2011, and continued for further
discussion on August 16, 20 II. The August 16 LRC meeting was canceled.
A complete history of the adoption of Development Code Section 19.06.025, Prohibited Uses, is
presented in the attached Request for Council Action prepared for the June 20, 2011, Council agenda,
which includes the May 25, 2011, Planning Commission staff report. This item was not heard by the
Council on June 20. The matter was tabled and referred to the LRC for review and a recommendation.
On August 2,2011, the LRC discussed this item. The staff recommendation, endorsed by the Planning
Commission by a vote of 6 to I, was to allow the subject uses to be considered for approval subject to
a CUP. A minimum floor area of 8,500 sq. ft. was recommended for the discount stores to limit the
applications to substantial facilities that require the level of maintenance, on-site management and
security needed to ensure an orderly operation. The CUP review process would also allow for site-
specific operational standards and improvement requirements. Compliance with the conditions of the
CUP will be monitored and verified by regular code enforcement inspections.
New Information:
On August 9, 2011, Planning staff met with Senior Deputy City Attorney Henry Empefto to discuss
co~erns of the City Attorney's office regarding this item. Mr. Empeiio emphasized the need for
objective criteria to be incorporated in the proposed DCA, because the amendment is proposed as an
exception to existing Development Code regulations. He suggested that staff research the sizes of
various shopping centers and propose a minimum shopping center floor area that would provide a
minimum standard of on-site lighting and security and active property management to minimize
potential negative impacts associated with discount stores and self-service laundries.
Memo to LRC
DCA 11-05: Discount Stores and Self-Service Laundries
Meeting Date: September 7,2011
Page 2
Staff gathered floor area information for several shopping centers that are familiar to most residents, to
provide a frame of reference for consideration of floor area criteria (see attached table). Currently,
Section 19.06.025 contains a general exception for any of the listed prohibited uses to be permitted in a
shopping center of at least 200,000 sq. ft. Based on the sample of shopping centers in the attached
table, staff recommends a minimum floor area of 20,000 sq. ft. as a reasonable size to expect quality
property maintenance, security and management. The discretion of the CUP review process, including
site-specific conditions of approval, will reinforce the objective location criteria to ensure property
maintenance and business operations that will not create or contribute to public nuisances or blight.
Staff also surveyed nearby cities to compare their permitting requirements for discount stores and self-
service laundry facilities. The City of Rialto requires a Conditional Development Permit for single-
price overstock/discount stores. Otherwise, both discount stores and self-service laundries are typically
permitted commercial uses in other cities.
Self-service laundry facilities are usually located in multi-tenant retail centers. Due to the nature of
these uses being unattended, staff recommends adding a location criterion of a minimum 20,000 sq. ft.
center for submittal of a CUP application for a self-service laundry. Other requirements, such as
installation of video surveillance equipment, or maintaining clear storefront windows for good
visibility, may be applied as conditions of the CUP approval. The 8,500 sq. ft. floor area already
recommended in DCA 11-05 for discount stores should achieve the desired level of management
commitment, whether in a stand-alone building or in a multi-tenant center.
The proposed size and location criteria would be verified prior to acceptance of a CUP application.
The Planning Commission would then consider the specific location and improvement plans to
determine if the site is appropriate for the proposed use. The Commission would apply conditions of
approval to ensure compatibility of the use with the surroundings. Conditions could include restrictions
on window signage or window displays, and prohibition of outdoor storage or merchandise display,
which is already prohibited by the general commercial land use standards in Section 19.06.030 (I) (B).
Compliance with CUP conditions of approval is monitored by the Code Enforcement Division, in an
annual inspection program. Non-compliance is also subject to complaint-based and proactive
enforcement actions. Failure to comply with the conditions of approval is grounds for the Planning
Commission to modifY or revoke a CUP, pursuant to Section 19.36.100 of the Development Code.
Recommendation:
Staff recommends that the LRC recommend approval of DCA II-OS to the Mayor and Council, with
an additional location criterion for self-service laundry facilities to be located in shopping centers of at
least 20,000 sq. ft.
Attachments:
Shopping Center Floor Area Table
June 20, 2011, Request for Council Action
I~epresentative Shopping Center Size.
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I CENTER/LOCATION FLOOR AREAS
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I Central City (Stater Bros.) Plaza Stater Bros. Building: 3J.500 S4. Ii. i
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~I" & F St. Multi-tenant Building: n,500 I
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I Stater Bros. Center Stater Bros. Building: .l 7,000 sq. Ii. I
~ Baseline & Waterman Multi-tenant Building: 94.JOO
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i:I Super (tt)rmer Fiesta Foods) Plaza EI Super Building: -12,600 s4. Ii.
I 9'" & Waterman Multi-tenant Building: 1-I.-lOO
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EI Super Plaza (ttmner Fedco) Multi-tenant Building A: I .l7,OOO s4. Ii.
I Mt. Vernon & Mill St. Multi-tenant Building B: 17,600 sq. Ii.
! Multi-tenant Building C: 1-1,900 s4. n.
I EI Dorado Plaza Multi-tenant Building A: I .l.-lOO S4. Ii. I
West side 1\11. Vernon, just South of Baseline Multi-tenant Building B: I LOOO S4. Ii.
I Chuek E Cheese/Verizon Center Multi-tenant Building A: 19,000 s4. n. I
955-'165 S. '"E"' St. Multi-tenant Building B: 23,JOO S4. n.
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I 99 Cent Only Center Multi-tenant Building A: 30,000 sq. Ii. I
i ()S5 S. n[n St. Multi-tenant Building B: I-I.SOO sq. Ii. i
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTIO:'>l
From: M. :>'largo Wheeler, Director
Subject: An ordinance of the City of Sao
Bernardino amending Section 19.06.025
"Prohibited Uses" of the Development Code to
pemlit ,ingle-price overstocludiscount stores with a
minimum tloor area of S,500 sq. ft. and self-service
laundry facllities subject to a Conditional Use
Pem,it in commercial land use districts.
Dept: Community Development
Date: June 6, 20 I I
\fCC Dale: June 20, 20 II
Synopsis of Previous Council Action:
i\lone
Recommended Motion:
Ibtthe hearing be closed and said ordinance bc laid over for final adoplion.
/1 d \ /';,
/ (,/ I ,ry':""'; -\... \.A-'
M. :\1argo Wheeler, AICP
Contact Person: Aron Liang, Senior Planner
Phone: 3332
Supporrin~ data attached:
Fl'NDI:'iG REQURDIENTS:
Staff Ileport
Ward(s): City-wide
Amount: N/A
Source:
Council NOfes:
Ace!. Description:
Finance:
.\J;:cnda 1t~1ll -",'0.
#3S-
()~-~~CJ(}I/
CITY OF SAJ'I BEfu'\'ARDI'\"O REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subje<:t:
An ordinance of the City of San Bernardino amending Section 19.06.025 "Prohibited Uses" of
the Developmcnt Code to pennit smgle-pnce overstock/discount stores with a minimum iloor
area of 8,500 sq.l1. and self-serYlce laundry f"ctlities subject to , Conditional Use Pennit in
,onunereiallaod use districts. (Development Code Amendment No. 11-05)
Applicant:
CommuOlty Development Department
300 North 0 Street
San Bernardino, CA 92418
Background:
On May 25, 2011, the Planning Commission recommended that the Mayor and Common
Counctl approve Development Code Amendment No. 11-05 to amend Section 19.06.025
"Prohibited Uses" of the Development Code to provide exceptions in Section 19.06.025 (I) (8)
for single-price overstock/discount storcs with a minimum floor area of 8,500 sq.t1. and in
Section 19.06.025 (I )(J) for self-service laundry lacilitles to bc pennit1ed in commercial land use
dlStncts, subject to approval of a Conditional Use Pennit.
Staff requests that the Mayor and Common Council approve Development Code Amendment
No. 11-05 as recommended by the Planning Commission at their meeting of May 25, 20 II. The
Planning Commission voted by a majonty of 6 to J in favor of the proposed amendment.
Commissioners Calero, [ble, Heasley, T\!aehen, Mulvihill and Sauerbrun voted in favor of the
motion and Commissioner Coutc voted against the motion. C'ommissloner Durr abstained and
Commissioner Rawls was absent.
There arc twelve categories of commercial uses that are prohibited by Section 1906.025 of the
Devclopment Code. Single-price overstockldiscOlml stores and self-service laundry facilities
eompnse two of the categories of prohibited uses. Section 19.06.025 provides two exceptions to
the prohibition of the twelve use categories. One eXl'~ption lS [or any business proposed to be
established in a shopping ceIller conlallllllg over 200,000 square feel of floor area; and the other
l.:XccptJOn is for any business proposed 10 uccupy (l single building exceeding 25,000 square teet
J11 tloar area.
l'hc suhject code ,:unencment wJlI pro\':de Jdditi0nal ('l(ccpliol1s ~pccllic to .slngle~price
l'l\erSIOck'dlSCOlHlt stores and sdf-~elY'ice Jaum:nes lh2t WIll allow them on JOY prupc:r.y :n
COmml:rCli..tl J!s~ricts. SUb1cct to appro\'<Jl of a ConditlOnal L'sc Penn It. The sub)e(;t code
.lmcnJml'nt wlll gnnt tht Pl<..mnn:g Comm:ss:on the Jurhonty to revIew IndIVidual proposal5 f..,r
~lngk'rncc o\."erstock./JJSl'llunt stures :J.nd sCIt"-sc.:r\'lce lau:1Jry facilities through ,';lte-..-;pecltk
.maly.sls on J case- bY-L'asc basis, consist~nt \v][h Development Code Section 19.3], Tahfe
I y :~ 1.1:; I, \1,. ith rccommcndat:ons from staff Site-specific ConJltll.mal L'se Permit review \\'111
pru\Jde lor Jnalysis of po:ential C()~:llcts ','-lIh 3ufTounding land uses In ensure bnd use
cOlllr;:1I1b,Jity Jnd consistency \\-'lth goals, obJecti\'es :md pOil....ll:S of the General Plan,
California Emironmental Quality Act (CEQA) Compliance:
Development Code Amendment No. 11-05 is exempt trom the Calitornia Environmental Quality
Act (CEQA). pursuant to Section 1506 I (b)(3) oftbe CEQA Guidelines, the general rule that an
action with no foreseeable physical impact on the environment is exempt.
Financial fmpact:
Kane.
Recommendation:
That rhe hearing be closed and that said ordinance be laid over for final adoption.
Attachment J. Planning Commission Staff Report Dated May 25, 2011
Ordioance
EXCERPT FROM 5-25-11 PC MINUTES
6. DEVELOPMENT CODE AMENDMENT NO. 11-05 - A proposal to amend Section
19.06.025 "Prohibited Uses" of the Development Code to provide exceptions in Section
19.06.025(I)(B) for single-price overstock/discount stores with a minimum floor area of
8,500 sq. ft. and in Section 19.06.025(1)(J) for self-service laundry facilities to be
permitted in commercial land use districts, subject to approval of a Conditional Use
Permit.
Environmental Recommendation:
Proposed by:
Planner:
Exempt from CEQA - Section 15061(b)(3)
City of San Bernardino
Aron Liang
Aron Liang gave a description of the proposed Development Code amendment.
Hubie Byrne, 6399 Wilshire Blvd., Los Angeles, CA, spoke in favor of the proposed
amendment.
Rick Lazaar, 1901 Orange Tree Lane, Redlands, CA, spoke in favor of the proposed
amendment.
Commissioner Coute stated a prediction that dollar stores would eventually take over Wal-Mart.
Suheil Abdulnour, 2005 E. Highland Ave., spoke in opposition of the proposal due to his
concerns about convenience stores that he stated on Item I.
Commissioner Durr said he would abstain from the vote due to his employment with Stater
Bros. Markets.
Commissioner Mulvihill made a motion to recommend approval of Development Code
Amendment No. 11-05. Commissioner Heasley seconded the motion.
The motion carried by the following vote: Ayes: Calero, Durr, Eble, Heasley, Machen, Mulvihill
and Sauerbrun. Nays: Coute. Abstain: Durr. Absent: Rawls.
Page 7 of II
OS/25/2011
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 11-05
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May 25, 2011
City-wide
APPLICANT:
Community Development Department
300 North D Street
San Bernardino, CA 92418
(909) 384-5057
REQUEST/LOCATION:
A proposal to amend Section 19.06.025 "Prohibited Uses" of the Development Code to provide
exceptions in Section 19.06.025 (I) (B) for single-price overstock/discount stores with a
minimum floor area of 8,500 sq.ft. and in Section 19.06.025 (I)(J) for self-service laundry
facilities to be permitted in commercial land use districts, subject to approval of a Conditional
Use Permit.
CONSTRAINTS/OVERLAYS:
Not Applicable
ENVIRONMENTAL FINDINGS:
o Not Subject to CEQA
~ Exempt from CEQA - Section I 5061 (b)(3)
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:
DeANo.11-05
Hearing Date 11/25/2011
Page 2
PROJECT DESCRIPTION
The proposed Development Code Amendment would modifY Section 19.06.025 "Prohibited
Uses" of the Development Code to provide exceptions in Section 19.06.025 (I) (B) for single-
price overstock/discount stores with a minimum floor area of 8,500 sq.ft. and in Section
19.06.025 (I)(J) for self-service laundry facilities to be permitted in commercial land use
districts, subject to approval of a Conditional Use Permit. The proposed amendment is shown in
underline text below, and the full text of Section 19.06.025 is in Attachment A.
There are twelve categories of commercial uses that are prohibited by Section 19.06.025 of the
Development Code. Single-price overstock/discount stores and self-service laundry facilities
comprise two of the categories of 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 amendment would provide additional exceptions specific to single-
price overstock/discount stores and self-service laundries.
Development Code Amendment No. 11-05 will modifY Section 19.06.025 (I)(B) and (I)(J) as
follows:
Section 19.06.025 PROHIBITED USES
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:
8. 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
include single-orice overstock/discount stores containing a minimum floor area of 8.500
SQuare feet in size and aooroved under a Conditional Use Permit.
J. Self-service Laundry - Any commercial establishment providing the use of self-service
washing machines and dryers to the public, usually coin-operated. This category shall not
include self-service laundries aooroved under a Conditional Use Permit.
DCA No. 11-05
Hearing Date 11/25/2011
Page 3
SETTING/SITE CHARACTERISTICS
The proposed Development Code Amendment No. 11-05, would apply in commercial land use
districts, City-wide.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA)
The proposed Development Code Amendment is exempt from CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a
direct or reasonably foreseeable indirect physical change in the environment.
BACKGROUND
. October 4, 2004 - The Mayor and Common Council adopted Ordinance No. MC-1188, an
urgency ordinance that established a moratorium on certain designated businesses.
. June 6, 2005 - Mayor and Council adopted MC-1196 clarifying single-price/discount
stores and extending MC-1188.
. October 2,2006 - The Mayor and Common Council adopted MC-1236, an ordinance that
permanently prohibited certain designated businesses.
. 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.
. August 5, 2008 - Staff returned to the Legislative Review Committee with specific
recommendations related to single-price overstock/discount stores.
. August 19,2008 - The Legislative Review Committee recommended that the Mayor and
Common 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 Common Council, with a recommendation from the Planning Commission.
. September 2, 2008, the Mayor and Council directed staff to initiate a Development Code
Amendment as recommended by the Legislative Review Committee.
. November 18, 2008 - the Planning Commission recommended Development Code
Amendment No. 08-04 to the Mayor and Common Council to permit single-price
overstock/discount stores exceeding 15,000 square feet in floor area, subject to approval
of a Conditional Use Permit by the Mayor and Common Council, with a recommendation
from the Planning Commission.
. January 20, 2009 - the Mayor and Common Council referred Development Code
Amendment No. 08-04 to the Legislative Review Committee.
. June 2, 2009 - Development Code No. 08-04 was scheduled to be reviewed by the
Legislative Review Committee however the meeting was canceled. No further action has
been taken on this matter.
ANALYSIS
Amending the Code as described herein would grant authority to the Planning Commission to
consider conditional approval of some single-price overstock/discount stores and self-service
DCA No. 11-05
Hearing Date 11125/2011
Page 4
laundry facilities that are otherwise prohibited by Development Code Section 19.06.025. The
proposed amendment would allow the Planning Commission to review individual proposals for
single-price overstock/discount stores and self-service laundry facilities through site-specific
analysis On a case-by-case basis, consistent with Development Code Section 19.31, Table
19.31.01, with recommendations from staff. Site-specific Conditional Use Permit review will
provide for analysis of potential cOnflicts with surrounding land uses to ensure land use
compatibility and consistency with goals, objectives and policies of the General Plan.
FINDINGS
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would provide for site-specific review of
the subject uses On a case-by-case basis, subject to approval by the Planning
Commission. The proposed amendment 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."
Policv 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."
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."
Policv 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.
Site-specific review of potential safety, zoning, health and land use cOnflicts by the
Planning Commission will ensure proper review of sites for single-price
overstock/discount stores and self-service laundry facilities. 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.
DCA No. II-OS
Hearing Dale 11/2512011
Page 5
RECOMMENDA nON
Statf recommends that the Planning Commission recommend approval of Development Code
Amendment No. II-OS to the Mayor and Common Council, based on the Findings of Fact
contained in this staff report.
Respectfull:~bmitled,
~
Senior Planner
J 11. Who<"
Director, ACIP
Attachment A: Development Code Section 19.06.025 with proposed amendments.
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ORDINANCE NO.
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AN ORDINAJ'ICE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06
(COMMERCIAL DISTRICTS), SECTION 19.06.025 (1)(B) AND (1) (J) OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO PROHIBITED
VSES.
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5
6
The Mayor and Common Council of the City of San Bernardino do ordain as follows:
WHEREAS, the Mayor and Common Council adopted the current Development Code, Title ]9
of the Municipal Code by Ordinance MC-789 on June 3, 1991; and
WHEREAS, on May 25,201 I, the Planning Commission of the City of San Bernardino held a
7
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noticed public hearing to consider public testimony and a staff report recommending the proposed
ordinance as an amendment to the City Development Code, and recommended that the Mayor and
Common Council adopt the ordinance as proposed; and
WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of
the proposed Ordinance was published in The Sun newspaper on June 10, 20 I];
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NOW THEREFORE, THE MAYOR AND COM.1\10N COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and
hereby adopts and incorporates them herein.
SECTION 2. Findings of Fact.
A.
The Ordinance amending the Development Code is consistent with the General Plan of
Ihe City of San Bernardino. The proposed Development Code amendment is intended to improve and
businesses in the City. The recommended text amendment provides a process for adding single-price
overstock/discount stores with a minimum floor area of 8,500 sq./'!. and self-service laundry facilities, to
promote businesses 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. .,
~5
(g -.;1..() - \ ,
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II
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14
15
/6
17
/8
/9
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2/
"
2J
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Policv 2.2.10: "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."
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."
Policv 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."
B. The Ordinance amending the Development Code will not be detrimental to the public
interest, health, safety, convenience or welfare of the City. The proposed amendment of the
Development Code would serve the public interest by providing a process through site-specific analysis
on a case-by-case basis, consistent with Development Code Section 19,3], Table 19.31.01. The
proposed amendment will expand opportunities for businesses in the City, with a process that will
protect values in the interest of general health, safety and welfare.
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SECTION 3. San Bernardino Municipal Code (Development Code) Section 19,06.025 (1)(B)
and (1) (1) are hereby amended to read as shown on Exhibit A, attached hereto and incorporated herein
by reference.
SECTION 4. Comoliance with the California Environmental Ouality Act:
The Mayor and Common Council finds that the proposed amendment to Section 19.06.025
(1 )(B) and (1) (1) of the Development Code is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines, the general rule that activities that
wIll not result in a direct or reasonably foreseeable indirect physical change in the environment are
exempt from environmental review,
SECTION 5. SeverabIlity: If any section, subsection, subdivision, sentence, or clause or phrase
in this Ordinance or any part thereofis for any reason held to be unconstitutional, invalid or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespecti\'e of the fact that anyone or more
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subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
2 ineffective.
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2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06
(COMMERCIAL DISTRICTS), SECTION 19.06.025 (1)(B) AND (I) (J) OF THE SA:"
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO PROHIBITED
USES.
3
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1 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
7
of
, 20 II, by the following vote to wit:
8 Council Members:
9
MARQUEZ
10
VACANT
II
12 BRINKER
13 SHORETT
14 KELLEY
15
JOHNSON
16
17 MC CAMMACK
18
19
20
AYES
NAYS
ABSTAIN
ABSENT
Rachel Clark, City Clerk
21
The foregoing Ordinance is hereby approved this
day of
,2011.
::.2
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Approved as to form:
P A TRICK J. MORRIS, Mayor
City of San Bernardino
25
JAMES F. PENMAN
City Attorney
ct...L:. 6 f7--'~'" ~ ~~_) -z; ~ ~
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/.
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,
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A TT ACHME:'iT A
COMMERCIAL DISTRICTS - 19.06
19.06.025 PROHIBITED USES ~1C 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. Singlc-pnce 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, tountain
refi'eshments, and toys. This category shall not include single-price
overstock/discount stores containing a minimum iloor area of 8.500 sQuare feet in
size and approved under a Conditional Use Permit.
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 desii,'J1ed 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
physiclans, 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 fumlture. home furnishings and appliances, books
and magazmes. ollice Jurniture, used musical Instruments, used phonographs and
records, llsed tixtures 3nd equipment including re-sale shops. consignment shops,
and slmlJar businesses. ThiS category ,hall not include the followmg:
1. ~tores owned or l)perated by existing entities recognized as non-profit by the
Secrctary of State of the State of California. and in "good status" with the
same.
II-59
COM~IERCIAL DISTRICTS - 19.06
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 Facllities - 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 el 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 SJlOps - 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
wlthm 50 feet of the curren! location.
H. Automotive Stereo Shops - Establishments that either exclUSIvely or as a substantial
portion (-+-50(.1'0) of theIr l100r area, sell Gnd install automotive stereos and
accessories This category shall not apply to the establishment of a new Automotive
Slereo 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 automobrle tires and accessones. This category shall not include legally
established service statlOns and auto repalr facilities.
fI-60
COM;\fERCIAL DISTRICTS - 19.06
1. Self-service Laundry - Any commercial establishment providing the use of self-
service washing machines and dryers to the public, usually coin-operated. This
categorv shall not include self-service laundries aooroved under a Conditional Use
Permit.
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] 9.06.025( 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
1f-61
ATTACHMENT 3
CITY OF SAN BERNARDINO
Community Development Department - Planning Division
Interoffice Memorandum
TO: Legislative Review Committee
.TR
FROM: Terri Rahhal, City Planner
SUBJECT: Amendment of Development Code Section 19.06.025, Prohibited Uses, to permit
party supply stores subject to a conditional use permit (DCA 11-09).
DATE: September 6, 2011
COPIES: Andrea Travis-Miller, Assistant City Manager; M. Margo Wheeler, Community
Development Director; Henry Empeiio, Jr., Senior Deputy City Attorney
Background:
Development Code Amendment (DCA) 11-05, a proposal to amend Sections 19.06.025(B) and
19.06.025(J) to permit single-price overstock/discount stores over 8,500 sq. ft. in floor area and self-
service laundry facilities subject to a conditional use permit (CUP), has been recommended by the
Planning Commission, and has been reviewed by the LRC and continued for further discussion on
September 7,2011.
After the first public hearing of DCA 11-05, staff received inquiries about a similar Code amendment
for party supply stores, which are currently prohibited by Section 19.06.025(L). A new amendment
application, DCA 11-09, was presented to the Planning Commission on August 24, 2011. The
proposed amendment would provide an exception to the prohibition of party supply stores for stores
that meet the following size and location criteria to be considered for approval by a CUP:
· Single-tenant buildings: minimum 8,500 sq. ft.
· Multi-tenant centers: minimum 20,000 sq. ft. center and minimum 2,500 sq. ft. tenant space.
The above criteria would be required for acceptance of a CUP application. The Planning Commission
would then consider the specific location and improvement plans to determine if the site is appropriate
for the proposed use, and the Commission would be able to apply conditions of approval to ensure
compatibility of the use with the surroundings. Conditions could include restrictions on window
signage or window displays, and prohibition of outdoor storage or merchandise display, which is
already prohibited by the general commercial land use standards in Section 19.06.030 (I) (B).
Compliance with CUP conditions of approval is monitored by the Code Enforcement Division, in an
annual inspection program. Non-compliance is also subject to complaint-based and proactive
enforcement actions. Failure to comply with the conditions of approval is grounds for the Planning
Commission to modify or revoke a CUP. pursuant to Section 19.36.100 of the Development Code.
Memo to LRC
Development Code Amendment No. 11-09
Meeting Date: September 7, 20 II
Page 2
The attached Planning Commission Staff Report contains additional background, analysis and findings
for approvaL The Planning Commission voted unanimously to recommend approval of DCA 11-09.
Recommendation:
Staff recommends that the LRC recommend approval of DCA 11-09 to the Mayor and CounciL
Attachment: Planning Commission Staff Report
EXCERPT FROM 8-24-11 DRAFT PC MINUTES
6. DEVELOPMENT CODE AMENDMENT NO. 11-09 - A proposal to amend Section
19.06.025 "Prohibited Uses" of the Development Code to provide an exception in Section
19.06.025(1)(L) for party supply stores to be permitted in commercial land use districts
subject to approval of a Conditional Use Permit.
Environmental Recommendation:
Proposed by:
Ward:
Exempt from CEQA - Section 15061(b)(3)
City of San Bernardino
City-wide
Terri Rahhal gave a detailed description on the proposed amendment.
Vice-Chair Heasley asked for clarification on the term "Party Supplies."
Commissioner Jimenez asked why this amendment was coming to the Planning
Commission.
Terri Rahhal said the amendment was being proposed to allow companies the ability to
apply for business licenses in San Bernardino.
Commissioner Lopez asked if the Conditional Use Permits would specify no outdoor
storage.
Terri Rahhal said conditions would be presented to the Planning Commission for each
Conditional Use Permit proposed.
Commissioner Eble noted that many stores that advertise as party supplies stores display
different inventory outside the establishments.
Commissioner Mulvihill made a motion to recommend approval of Development Code
Amendment No. 11-09. Commissioner Rawls seconded the motion.
The motion carried by the following vote: Ayes: Coute, Durr, Eble, Heasley, Lopez, Jimenez,
Machen, Mulvihill and Rawls. Nays: None. Abstain: None. Absent: None.
Page 40f5
08/24/20 II
PLANNING COMl\tIISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. I 1-08
6
August 24, 2011
City-wide
APPLICANT:
Community Development Department
300 North D Street
San Bernardino, CA 92418
(909) 384-5057
REQUESTILOCA nON:
A proposal to amend Section 19.06.025 "Prohibited Uses" of the Development Code to provide
an exception in Section 19.06.025(l)(L) for party supply stores to be permitted in commercial
land use districts, subject to approval of a Conditional Use Permit.
CONSTRAINTS/OVERLA YS:
Not Applicable
ENVIRONMENTAL FINDINGS:
o Not Subject to CEQA
k8J Exempt from CEQA - Section l5061(b)(3)
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
k8J Recommend Mayor and Council Approval
o Conditions
o Denial
o Continuance to:
DCA No. 11-08
IIearing Date 8/24/2011
Page 2
PROPOSAL DESCRIPTION
There are twelve categories of commercial uses that are prohibited by Section 19.06.025 of the
Development Code, listed as items (1 )(A) - (1 )(L). Party Supply Stores comprise item L, as
defined below. The proposed Development Code Amendment (DCA 11-(8) would modify
Section 19.06.025 "Prohibited Uses" to provide an exception in Section 19.06.025(1)(L) for
party supply stores to be permitted in commercial land use districts, subject to approval of a
Conditional Use Permit. Minimum Hoor area standards and location criteria are also proposed, as
shown in underline text below:
Section 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
refimed 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:
L. Party Supply Stores - Establishments that either exclusively or as a substantial portion of
their Hoor area, sell or rent party supplies and equipment. This category shall not include
party supply stores approved under a Conditional Use Permit to be established in a
single-tenant buildinll. with a minimum Hoor area of 8,500 square feet. or in a tenant
space of at least 2.500 square feet in a multi-tenant building of at least 20.000 square feet.
The full text of Section 19.06.025, with proposed modifications, is in Attachment A
SETTING/AREA OF EFFECT
The proposed Development Code Amendment No. 11-08, would apply in commercial land use
districts. City-wide.
BACKGROUND
· Octoher 4. 2004 - rhe Mayor and Common Council adopted Ordinance No. MC-1188.
an interim urgency ordinance prohibiting certain designated businesses.
· June 6. 2005 - Mayor and Council adopted MC-II96. amending and extending MC-IIB8
(MC-IIBB and MC-1196 did not prohibit party supply stores).
· I\ugust 22. 2006 - The Legislative Rcview Committee (LRC) reviewed the interim
ordinance and recommended revisions for a permanent ordinance amending the
Development Code. The LRC recommended adding party supply stores and small
recycling facilities to the list of prohibited uses, and recommended a 5-year Slillset clause.
· September 6, 2006 - The LRC considered the matter again and added general exceptions
to the prohibited uses ordinance for uses located in a single-tenant buildings over 25,000
sq. n. or in shopping centers over 200,000 sq. ft. with major anchor tenants. The LRC
also rescinded the recommendation of a sunset clause.
DCA No. 11-08
Hearing Date 8124/2011
Page 3
. September 6, 2006 - The Planning Commission recommended approval of DCA 06-02,
to add Section 19.06.025 to the Development Code as recommended by the LRC.
. October 16, 2006 - The Mayor and Common Council adopted MC-1236, an ordinance
adding Section 19.06.025 Prohibited Uses to the Development Code.
ANAL YSIS
Section 19.06.025 currently provides two exceptions to the prohibition of the specified use
categories. One exception is provided for any business established in a single-tenant building
exceeding 25,000 square feet in lloor area. The other exception applies to locations in a shopping
center containing over 200,000 square feet oflloor area. DCA 11-08 would grant authority to the
Planning Commission to consider conditional approval of certain party supply stores that would
not be permitted under the existing exceptions. This would allow the Planning Commission to
review individual proposals for party supply stores with site-specific analysis of a Conditional
Use Permit (CUP) application, pursuant to Chapter 19.36 of the Development Code.
CUP application review includes analysis of potential conllicts with surrounding land uses and
application of conditions of approval to ensure land use compatibility and operation consistent
with Development Code regulations and with goals and policies of the General Plan. To avoid
compliance problems with very small stores in multi-tenant centers that tend to display products
outside and to clutter store windows with excessive signage to attract consumer attention, stalT
proposes including the following location criteria and Jloor area standards in addition to the CUP
requirement in DCA 11-08:
Pa
I Store Location and Area CriteriaJ Prere uisites for CUP A Iication
LOCA nON
MINIMUM AREA
Single-Tenant Building
8,500 sq. ft.
Multi- Tenant Center
20,000 sq. ft. center
2.500 sq. ft. tenant space
['he purpose of setting minimum 1100r area standards is to require investment in a substantial
retail space that requires a basic level of property maintenance and security. The 8,500 sq. ft.
threshold for a single-tenant building is the same size recommended in a similar amendment
proposed for Jiscount stores. Small retailers located in a large multi-tenant center typically
benefit from security services and site improvements provided for the whole center which in-line
!enants might not be able to provide individually. The tollowing table provides context f(1l the
shopping center area recommendation.
DCA No. 11-08
lIearing Dale 8/24/20 II
Page 4
Representative, oppin2 enter, lZes
CENTER/LOCA nON FLOOR AREAS
Central City (Stater Bros.) Plaza Stater Bros. Building: 33,500 sq. ft.
4th & F St. Multi-tenant Building: 22,500
Stater Bros. Center Stater Bros. Building: 37,000 sq. n.
Baseline & Waterman Multi-tenant Building: 94,300
EI Super (former Fiesta Foods) Plaza EI Super Building: 42,600 sq. It.
9th & Waterman Multi-tenant Building: 14,400
El Super Plaza (former Fedeo) Multi-tenant Building A: 137,000 sq. ft.
Multi-tenant Building B: 17,600 sq. ft.
Mt. Vernon & Mill St. Multi-tenant Building C: 14,900 sq. n.
EI Dorado Plaza Multi-tenant Building A: 13,400 sq. ft.
Mt. Vernon, just south of Baseline Multi-tenant Building B: I] ,000 sq. ft.
Chuck E Cheese/V erizon Center Multi-tenant Building A: 19,000 sq. ft.
955-965 S. "E" St. Multi-tenant Building B: 23,300 sq. ft.
99 Cent Only Center Multi-tenant Building A: 30,000 sq. ft.
985 S. "E" St. Multi-tenant Building B: 14,800 sq. ft.
Sh
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CALIFORNIA ENVIRONMENTAL OUALlTY ACT (CEQA)
The proposed Development Code Amendment is exempt from CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines, because the elTect of the amendment would not result in a
direct or reasonably foreseeable indirect physical change in the environment.
FINDINGS
1. The proposed amendment is consistent with the General Plan.
[be proposed Development Code Amendment would provide for site-specific review of
the retail sales and rental of party supplies on a case-by-case basis, subject to approval by
the Planning Commission. rhe conditional use permit review and approval process would
ensure land use compatibility, in balance with public convenience and public sall:ty.
consistent with the following goals and policies of the General Plan:
Goal 2.2: "Promote development that integrates with and minimizes impacts nn
surrounding land uses."
Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by
strategic intill of new development and revitalization of existing development."
DCA No. 11-08
Hearing Dale 8/24/20 II
Page 5
Policy 2.2.10: "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."
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 weljare of the City.
Site-specific review and consideration of potential health and safety concerns, land use
compatibility, zoning and property maintenance compliance issues by the Planning
Commission will ensure that party supply stores will not create nuisance conditions or
degrade the appearance of commercial districts where they may be located. 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 recommended for adoption.
RECOMMENDATION
StatY rccommends that the Planning Commission recommend approval of Development Code
Amendment No. 11-08 to the Mayor and Common Council, based on the Findings of Fact
contained in this staff report.
Respectfully Submitted,
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l'-:rri Rahhal, AICP
City Planner
\pprowd tor Distributil.ll1:
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\1. Margo Wheeler. AICP
Community Development Director
.\ttachment i\: Devclopment Code Section 19.06.025 with proposed amendment.
ATTACHMENT A
COMMERCIAL DISTRICTS - 19.06
19.06.025 PROHIBITED USES MC 1236 10116/06
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. c1ose-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 tood stutls, alcoholic beverages, apparel ,md
accessories, costume jewelry, notions and wares, housewares, t(Juntain
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 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 tor 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. SL'Cond Hand Stores/Thrift Stores - Establishments that sell used merchandise such
as clothing and shoes, household furniture, home furnishings and appliances, books
,md magazines, office furniture, used musical instruments, used phonographs and
records, used tixtures and equipment, including re-sale shops, consignment shops.
cmd 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 Calit(Jrnia, and in "good status" with the
same.
)
Antique Stores - An antique, lor the purposes of this ordinance, shall be a
work of art. piece of tUrniture, decorative object, or the like, of or belonging
to the past. <illd at least 50 years old. This includes <illY premise used f()r the
II-59
COMMERCIAL DISTRICTS - 19.06
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, dr..tfts, 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 el 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,
tirm 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 tloor 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. fire Stores - Establishments less than 5,000 square feet in size which sell new
dIld/or used automobile tires and accessories. This category shall not include legally
established service stations and auto repair tacilities.
J. Self-service Laundry - Any commercial establishment providing the use of selt~
:;ervice washing machines and dryers to the public, usually coin-operated.
11-60
COMMERCIAL DISTRICTS - 19.06
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. This category
shall not include party supplv stores approved under a Conditional Use Permit to
be established in a single-tenant building with a minimum floor area of 8.500
sQuare feet. or in a tenant space of at least 2.500 SQuare feet in a multi-tenant
building of at least 20,000 sQuare feet.
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
EXHmIT A
COMMERCIAL DISTRICTS - 19.06
19.06.025 PROHmITED 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 include single-price
overstock/discount stores containing a minimum floor area of 9,000 square feet in
size and approved under a Conditional Use Permit.
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 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.
11-19.06-12
COMMERCIAL DISTRICTS - 19.06
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.
11-19.06-13
COMMERCIAL DISTRICTS - 19.06
J. Self-service Laundry - Any commercial establishment providing the use of self-
service washing machines and dryers to the public, usually coin-operated. This
categorv shall not include self-service laundries approved under a Conditional Use
Permit to be established in a multi-tenant center of at least 20.000 square feet.
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. This category
shall not include party supply stores of at least 2.500 SQuare feet and located in a
multi-tenant center of at least 20,000 SQuare feet. or party supply stores established
in a single-tenant building of at least 10,000 Square feet of floor area; and approved
under a Conditional Use Permit.
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
11-19.06-14