HomeMy WebLinkAbout38-Planning & Buillding ServicesCITY OF SAN BERN. iDiNO -REQUEST F
R COUNCIL ACTION
From: Al Boughey, Director
Dept: Planning & Building Services
Date: June 30, 1994
Synopsis of Previous Council action:
Subject: Development Code Amendment No. 94-01 --
To allow adult-oriented businesses in
the IL, Industrial Light, land use
designation.
MCC mtg. of 7/18/94 @ 2 p.m.
02/22/94 -- The Mayor and Common Council approved an Urgency Ordinance to allow
adult-oriented businesses in the IL, Industrial Light, land use
designation, and directed staff to process a Development Code
Amendment through the normal process.
05/17/94 -- Development Code Amendment No. 94-01 was presented to the Planning
Commission, who forwarded it to the Mayor and Common Council with a
recommendation of approval.
Recommended motion:
That the hearing be closed; the first reading of the Development Code Amendment
be waived; and that the Ordinance be laid over for final adoption.
Contact person: Al Boughey Phone:. 5357
Supporting data attached: Staff Report: Ordinance Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source: ~ACCt. No.l
IACCt. Description)
Council Notes:
Finance:
75-0262 Aaenrla Itam Aln ~~
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 94-O1
REQUEST/LOCATION: This City-initiated amendment modifies Chapter 19.06, Section
19.06.030(2)(A), Table 06.03 and Chapter 19.08, Table 08.02 of the San Bernardino
Development Code to allow adult-oriented businesses in the IL, Industrial Light, General Plan
land use designation.
KEY ISSUES: The key issues are as follows:
• Legal concerns have been raised regarding the limitations relative to the minimal
number of land use designations which permit adult-oriented businesses, with
approval of a Conditional Use Permit.
• Planning Staff reviewed the Development Code section relating to the land use
designations which allow adult-oriented businesses. Staff explored options
relating to changing the current distance requirements for adult-oriented
businesses, as well as modifying the land use districts which could permit adult-
oriented businesses.
• Planning Staff recommended, and the City Attorney's Office agreed, that by
maintaining the current distance requirements and expanding the land used
districts which could permit adult-oriented businesses to include II,, Industrial
Light, would create the least potential for signifcant impacts to occur.
• On February 22, 1994, the Mayor and Common Council approved an urgency
ordinance to allow adult-oriented businesses in the IL, Industrial Light land use
designation. The approval was made with the understanding that an adult
business application would be processed as a Conditional Use Permit, and subject
to the current distance requirements.
• The urgency ordinance was also approved with the understanding that staff would
process an ordinance amendment through the normal process to expand the land
use designations in which adult-oriented businesses are allowed to include IL,
Industrial Light.
Please see the analysis and attachments wntained in Exhibit 1, Staff Report to the Planning
Commission.
Attachments "B", "C" & "D" to Exhibit 1, depict the wording as shown in the amendment for
Section 19.06.030(2)(A), Table 06.03 and Table 08.02.
PAGE 1
Development Code Amendment 94-01
Mayor and Common Council meeting of
July 18, 1994
Page 2
ENVIRONMENTAL: An Initial Study was prepared by staff and presented to the
Environmental Review Committee (ERC) on April 7, 1994. The ERC determined that no
significant environmental impacts would result from the project and recommended a Negative
Declaration. The Negative Declaration was advertised and available for public review and
comment from April 13, 1994 to May 3, 1994. No comments regarding environmental concerns
were received during the public review period.
PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed
Development Code Amendment 94-O1 on May 17, 1994, and voted 7-0 to recommend to the
Mayor and Common Council adoption of the Negative Declaration, approval of the Development
Code Amendment and adopt the Ordinance, based upon the attached Findings of Fact
(Attachment A of Exhibit 1). Planning Commissioners in attendance: Affaitati, Gonzales,
Melendez, Romero, Stone, Strimpel and Traver.
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and
Common Council may:
1. Approve Development Code Amendment 94-01 as proposed; or
2. Approve in concept and return to staff for specific revisions.
STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council;
adopt the Negative Declaration, approve the Development Code Amendment and adopt the
Ordinance.
Prepared by: Jeffery S. Adams, Assistant Planner
For: Al Boughey, Director, Planning & Building Services
EXHIBITS: 1. Planning Commission Staff Report
Attachments:
A. Findings of Fact
B. §19.06.030(2), Table 06.03
D - §19.08.020, Table 08.02
E -Initial Study
2. Ordinance
PAGE 2
Development Code Amendment 94-01
Mayor and Common Council m ig of
July 18, 1994
Page 3
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
DEVELOPMENT CODE AMENDMENT NO. 94-O1
APPLICANT CITY OF SAN BERNARDINO OwNers(s)
AGENDA ITEM:____
HEARING DATE: 5/17/94
WARD: Citywide
VARIOUS
REQUEST /AREA
The proposal is to expand the land use designations which allow adult oriented businesses to include
IL, Industrial Light as well as the current CH, Commercial Heavy land use designation, subject to the
approval of a CUP and the existing locational criteria.
This amendment is City-wide.
EXISTING LAND USE
PROPERTY LAND USE DESJGNATION
Subject N/A N/A
North °
South "
East "
West "
GEOLOGICISEISMIC YES ^ FLOOD HAZARD YES ^ SEWERS: N/A YES ^
HAZARD ZONE: N/A NO ^ ZONE: A,X N/A NO ^ NO ^
HIGH FIRE HAZARD YES ^ AIRPORT YES ^ REDEVELOPMENT YES ^
ZONE: NO ^ NOISE/CRASH NO ^ PROJECT AREA: NO ^
ZONE: N/A N/A
ENVIRONMENTAL FINDINGS:
^ Not Applicable ^ E.I.R. Req'd, No
^ Exempt Significant Effects W/
^ No Significant Mitigating Measures
Effects
^ Potential Effects, ^ Significant Effects,
Mitigating See Attached E.R.C.
Measures, Minutes
No E.I.R.
STAFF RECOMMENDATION:
FXFiiRTT 1
^ APPROVAL
^ CONDITIONS
^ DENIAL
^ CONTINUANCE
TO:
PAGE 3
Development Code Amendment 94-01
Mayor and Common Council n ~ng of
July 18, 1994
Page 4
REQUEST:
The request is for an amendment to Chapter 19.06, Section 19.06.030(2)(A), Table 06.03 and
Chapter 19.08, Table 08.02 of the San Bernardino Municipal Code (Development Code) to allow
adult businesses in the IL, Industrial Light, General Plan land use designation.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS:
An Initial Study was prepared by staff and presented to the Environmental Review Committee
(ERC) on April 7, 1994. The ERC determined that no significant environmental impacts would
result from the project and recommended a Negative Declaration. The Negative Declaration was
advertised and available for public review and comment from April 13, 1994 to May 3, 1994. No
comments were received during the public review period.
BACKGROUND:
The City of San Bernardino has determined that the areas which could potentially allow adult
businesses, as outlined in the Development Code, may be insufficient in size to adequately provide
reasonable opportunities for adult-oriented businesses to locate in the City. In order to safeguard the
City's ordinances from potential Constitutional challenges in light of the recent 1993 United States
Court of Appeals, Ninth Circuit, decision in Tonanga Press Inc. v. City of Los An eg les, 989
Fed.2d. 1524, an amendment to the Development Code was required.
Therefore, on February 22, 1994, the Mayor and Common Council adopted an urgency ordinance
(MC-896) to allow adult-oriented businesses to operate in the IL land use designation in addition to
the CH land use designation which is currently allowed, subject to a CUP. The Mayor and
Common Council then directed Planning Staff to prepare a Development Code Amendment to
include IL as a land use designation which allows adult-oriented businesses.
ANALYSIS:
PROPOSAL
The proposal is to expand the land use designations which allow adult-oriented businesses to include
IL, Industrial Light as well as the current CH, Commercial Heavy land use designation, subject to
the approval of a CUP and the existing locational criteria. The locational criteria aze listed in
Section 19.06.030(2)(A), Land Use District Specific Standazds and are as follows:
1. Prohibition. It is unlawful to cause or permit the establishment or substantial enlargement of
an adult azcade, adult bookstore, adult cabazet, adult motel, adult motion picture theater,
adult theater, massage parlor or sexual encounter establishment within 2,000 feet of another
such business or within 1,000 feet of any religious institution, school or public park within
the City or within 1,000 feet of any property designated for residential use or used for
residential purposes.
PAGE 4
Development Code Amendment 94-01
Mayor and Common Council n ng of
July 18, 1994
Page 5
- 2. Measurement of Distance. The distance between any 2 adult entertainment businesses shall
be measured in a straight line, without regard to intervening structures, from the closest
exterior structural wall of each business. The distance between any adult entertainment
business and any religious institution, school or public park or any property designated for
residential use or used for residential purposes shall be measured in a straight line, without
regard to intervening structures, from the closest property line of the adult entertainment
business to the closest property line of the religious institution, school or public park or the
property designated for residential use or used for residential purposes.
Staff reviewed other land use designations as well as alternative distance criteria and determined that
the IL, Industrial Light land use designation would be the most appropriate designation to allow
adult-oriented businesses. The expansion of adult-oriented businesses into the IL designation is to
provide a reasonable opportunity to do business as required by law, and would create the least
amount of potential impacts.
GENERAL PLAN CONSISTENCY
The proposed Development Code Amendment is consistent with the General Plan in that General
Plan Policy 1.32.10 permits uses characterized by the location of their predominant activities in
enclosed buildings in areas designated as "Industrial Light."
AMENDMENT
The amendment proposes to expand the land use designations which allow adult-oriented businesses
to include IL. The use would still be subject to the locational criteria and approval of a CUP as it
currently is in the CH, Commercial Heavy. Adult-oriented businesses would still be allowed in the
CH land use designation. The changes to the Development Code included in this amendment are
shown as follows:
SECTION 19.06.030(1)(B), Table 06.03, (SEE ATTACHMENT "B")
SECTION 19.06.030(2)(A), (SEE ATTACHMENT "C")
"A. ADULT BUSINESSES
Adult businesses are permitted, subject to a Conditional Use Permit, only in the CH
and IL land use districts. For the purpose of this Section, the following definitions
shall apply:"
Note: the Bold text indicates the proposed changes.
SECTION 19.08.020 -Table 08.02, INDUSTRIAL DISTRICTS LIST OF PERMITTED
USES. (SEE ATTACHMENT "D")
PAGE 5
Development Code Amendment 94-01
Mayor and Common Council n ng of
July 18, 1994
Page 6
CONCLUSION:
The request is to amend the San Bernazdino Municipal Code (Development Code) to allow adult
businesses in the IL, Industrial Light, General Plan land use designation. An Initial Study was
prepazed, and the ERC determined that no significant environmental impacts would occur as a result
of the proposal. The amendment will expand the available land use designations which allow adult-
oriented businesses, while the locational standards will not be changed.
RECOMMENDATION:
Staff proposes that the Planning Commission recommend that the Mayor and Common Council
approve Development Code Amendment No. 94-01 subject to the attached Findings of Fact
(Attachment "A").
Prepazed by: Jeffery Adams, Assistant Planner
Prepared for: Michael Hays, Assistant Director -Planning and Building Services
Attachment: A -Findings of Fact
B -SECTION 19.06.030(2), Table 06.03
C -SECTION 19.06.030(2)(A)
D -SECTION 19.08.020 -Table 08.02
E -Initial Study
PAGE 6
Development Code Amendment 94-01
Mayor and Common Council n ng of
July 18, 1994
Page 7
FINDINGS OF FACT
Development Code Amendment No. 94-01
1. The amendment is consistent with the General Plan in that Genera] Plan Policy 1.32.10
permits uses characterized by the location of their predominant activities in enclosed
buildings in areas designated as "Industrial Light."
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that in order to safeguard the City's ordinances from
potential Constitutional challenges in light of the recent 1993 United States Court of Appeals,
Ninth Circuit, decision in Topan@a Press Inc. v. City of Los Angeles, 989 Fed.2d. 1524.
ATTACHMENT A
PAGE 7
CO 'FACIAL DISTRICTS -19.06
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2, i AND USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.20
(Property Development Standazds), the following standazds shall apply to
specific commercial land use districts. (See Table 06.03 on previous page.) For
residential uses in commercial land use districts, see Table 4.03 and the standazds
contained in Chapter 19.04.030 (2).
A. ADULT BUSINESSES
Adult businesses are permitted, subject to a Conditional
Use Permit, only in the CH and IL land use districts.
For the purpose of this Section, the following
definitions shall apply:
Adult Arcade. An establishment where, for any form of considera-
tion, one or more motion picture projectors, slide projectors or
similaz machines, for viewing by 5 or fewer persons each, aze used
to show films, motion pichues, video cassettes, slides or other
photographic reproductions which aze characterized by an em-
phasis upon the depiction or description of "specified sexual ao-
tivities" or "specified anatomical areas."
2. AdII1t.~kSiII~. An establisha-ent which has as a substantial
portion of its stock-in-trade and offers for sale for any fora of con-
sideration any 1 or more of the following:
a. Books, magazines, periodicals or other printed matter,
or photographs, films, motion pictures, videocassettes,
slides or other visual representations which are charao-
terized by an emphasis upon the depiction or description of
"specified sexual activities" or "specified anatomical areas";
or
b. Instruments, devices or paraphernalia which are designed
for use in connection with "specified sexual activities."
3. Adult Cabaret. Nightclub, baz, restaurant or similar establishment
which regularly features live performances which are characterized
by the exposure of "specified anatomical areas" or by "specified
sexual activities;' or films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by an
emphasis upon the depiction or description of "specified sexual ao-
tivities" or "specified anatomical areas."
ATTACIDVIDVT C
IIAI 5191
INl iTRIAL DISTRICTS -19.08
LAND USE ACTIVITY CH OIP IL IH IE
10. Entertainment/Recreational Uses:
A. Adult Entertainment C - C - -
B. Auditoriums, Convention Halls and Theaters C C - - -
C. Miscellaneous Indoor; and D C D D -
D. Miscellaneous Outdoor C C C C C
11. Financial; D D - - -
12. Fuel Dealers; C - C D -
13. Funeral Parlors/Mortuaries; D - D D -
14. Gasoline Service Stations; D - D D -
15. Heliports/Helipads; C C C C C
16. Impound Vehicle Storage Yards C - C D -
(with or without towing)
17. Membership organizations, including religious D D D - -
facilities, meeting halls, and fraternal lodges;
18. Mining/Extraction, including aggregate, coal, - - - - C
gas, metal and oil;
19. Mobile Home Dealers (sales and service); D - D D -
20. Offices/Services (administrative and professional); D D D - -
21. Outdoor contractor's, lumber, and rental yards D - .D D D
and storage areas for building supplies;
22. Outdoor Horticultural Nurseries; D - D D D
23. Parking Lots; D D D D D
24. Personal Services; D ry2 D2 - -
25. Pipelines (As defined by Section 1920.030 [12] [E] C C C C C
or as superseded by State or Federal law);
26. Public utility uses, distribution and transmission D D D D D
substations and communcation equipment structures;
27. Publishing/Printing Plants; D D D D -
28. Railroad Yards; - - - D -
29. Recycling Facilities; (In wmpliance wi th
Section 19.06.030 [2] [M])
30. Research and Development, including laboratories; D D D D -
31. Retail Commemal; D D2 D2 - -
32. Salvage and Wrecking (dismantling) yards; - - - C C
33. Salvage and Wrecking Facilities C - C C -
(completely within an enclosed structure);
34. Swap Meets; C - C C C
35. Towing Services; D - D D -
36. Transportation/Distribution; D - D D -
37. Truck Stops; - - C C -
ATTACHII4ENT D
II-136 A yqq
INITIAL STUDY
DEVELOPMENT CODE AMENDMENT 94-O1
Project Description/Location: The proposal is to expand the land use designations which allow
adult oriented businesses to include IL, Industrial Light as well as the current CH, Commercial
Heavy land use designation, subject to the approval of a CUP and the existing locational criteria.
This amendment is City-wide.
Date: April 7, 1994
Applicant:
CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
Prepared by:
Jeffery S. Adams
Assistant Planner
City of San Bernardino
Planning and Building Services
300 North "D" Street
San Bernazdino, CA 92418
ATTACHMENT "E"
INITIAL STUDY FOR
Development Code Amendment 94-O1
INTRODUCTION
This Initial Study is provided by the City of San Bernardino for Development Code
Amendment 94-O1. It contains an evaluation of potential adverse impacts that can
occur if the proposed Amendment is adopted.
The California Environmental Quality Act (CEQA) requires the preparation of an
Initial Study when a proposal must obtain discretionary approval from a
governmental agency and is not exempt from CEQA. The purpose of the Initial
Study is to determine whether or not a proposal, not exempt from CEQA, qualifies
for a Negative Declaration or whether or not an Environmental Impact Report
(EIR) must be prepared.
The following components constitute the Initial Study for Development Code
Amendment 94-O1;
I. Project Description
2. Location
3. Environmental Impact Checklist
4. Discussion of Environmental Evaluation and Mitigation Measures
5. Conclusion/Environmental Determination
Combined, these components constitute the complete Initial Study.
1. PROJECT DESCRIPTION
The project is a proposal to amend the Development Code to permit adult oriented
businesses, with the approval of a Conditional Use Permit, in the IL, Industrial
Light land use district.
2. LOCATION
The amendment will apply to all incorporated land within the City of San
Bernardino designated as IL, Industrial Light.
3. ENVIRONMENTAL IMPACT CHECKLIST
See Next Page
CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
ENVIRONMENTAL IMPACT CHECKLIST
A. BACKGROUND
Application Number. GON DITICaV,aL U5~ f~zr~I tT 94 - o l (Cup
ProjedDeseriptbn: TC~ E~P~tA T~i-E. l-/iNl~ Ubt=. DeSl6nlL~TtOl~1S
Inl{~iGH pn,Ln ~ Al'.~1_T or•1 unTecl f3V Sl N ESSt'-, -ro 1 n1C,uA vet, '= L ~
~~.nDU'o"rnan~ Lcq (/ITS St/ 131 EC-"~ -("Lj Ti-iE ~bpprp/~ ~' ,4 GU P
Locatbn: C I-"fY l..i ICE
Environmental Constraints Areas:
General Plan Designation: S~rtcll~lc~t- (--t,~~'T} _~.--.
Zoning Designation: ~n1OU'sTf2.tca, l.rl~ V1T , Z1_
-r
B. ENVIRONMENTAL IMPACTS Explain answers, where appropriate, on a separate attached sheet.
1. Earth Resources Will the proposal result in:
a. Earth movement (cut and/or fill) of 10,000 cubic
yards or more?
b. Devebpment andbr grading on a sbpe greater
than 15% natural grade?
c. DevsbpmeM within the Alquist-Prbb Special
Studies Zone as daf fined in Section 12.0 - Geobgb
8 Seismic, Fgure 47, of the City's General Plan?
d. Modification of any unique geobgb or physical
feature?
e. Devebpment within areas defined for high potential for
water or wind erosion as identified in Section 12.0 -
Geobgb 3 Seismb, Fgure 53, of the City's General
Plan?
f. Modification of a chanrwl, week or river?
Yes No Maybe
X
X
X
X
X
X
TY 6 YM aWOY
en„rw~me,~
PtANADe PIIOE IOF_ (1fA7~
g. Development within an area subject to landslides, Yes No Maybe
mudslides, Ipuefaction or other similar hazards as
identified in Section 12.0 -Geologic & Seismic,
Fgures 46, 52 and 53 of the City's General Plan?
h. Otherl k
2. Air Resources: Will the proposal result in:
a. Substantial air emissions or an effect upon ambient
air quality e: defined by AOMD? ~
b. The creation of objectionable odors? ~
c. Development within a high wind hazard area as identfied
in Section 15.0 - Wmd & Fire, Figure 59, of the City's
General Plan? X
3. Water Resources: Will the proposal result in:
a. Changes in absorption rates, drainage patterns, or the
rate and amount of wrtaoe nmofl due to
impermeable wrfaces? X
b. Changes in the course or flow of flood waters?
c. Discharge into surface waters or any ahereflon
d wrtaoe water quality? X
d. Charge in the quantity of quality of ground wateR
e. Exposure d people or property to flood hazards as
identfied in the Federal Emergency Management
Agency's Flood Insurance Rate Map, Community Panel
Number060251 - end Section 16.0 -
Fl
di
F
62
f
C
G
X
oo
ng,
igure
, o
the
ites
eneral Plan?
f. OtheR ~_
4. Blologkal Resources: Could the proposal result in:
a. Development within the BidogieN Resources
Management Overlay, as idsmified in Ssaion 10.0
- NaWral Rssouroes, Fpuro 41, d the City's
General Plan? _~
b. Change in the number d arty unique, rare or
red ap7 ass of pknts or lhsir furbitst induding x
a Cheops in the number d any unique, rare or
endangered species of animals or their habitat? _~
d. Removal of viable, maWre troes? (6' or greater) (~
e. Otlterl
5. Noise: Could the proposal result in:
a. DsvebprrsM d ftouairrp, fraaltlt care fadtitiss, stdtools,
ibrariss, rNigious tadllties or olttsr lnoiae' terrsltive uses
h areas wtnsrs axistirg or luhre noise levels exosed an
Ldn d 85 dB(A) exterior and an Ldn of 45 df3(A1sdarior
as iderNfisd in SscUOn 14.0 -Noise, Fgures 51and
58 of the City's General PIan7
aw~sas -~aezor n+am
b. Devabpment of new or expansbn of existing industdal, Yes No
commercial or other uses which generate noise levels on
areas containing housing, schools, heahh care facilities
or other sensitive uses above an Ldn of 65 d8(A) exterior X
or an Ldn of 45 d8(A) interbr?
c. Other? X
6. Land Uso: Will the proposal result in:
a. A change in the land use as designated on the
General Plan?
b. DevebpmeM within an Airport District as ideMi(ied in the
Air Installation Compatible Use Zone (AICUZ) Report and
?
i
Di
i
M
the Land Use Zon
ng
str
ct
ap
c. DevebpmeM whhin Foothill Fire Zones A & B, or C as
Di
i
i
M
?
i `/
J
str
rfied on the Land Use Zon
ng
d
ap
ident ~
d. Other? 8rty,raj ~ U.~. Rcla'~ trt+~f's ~
7. Man-Made l4azerda: Will the project:
a. Use, store, transport or dispose of hazardous or
toxic materials (including but not limbed to oil,
pesticides, chemicals or radiation)? _~
b. Involve the release of hazardous substances? X
c. Expose people to the potemial heafth/safety hazards? ~
d. Other? x
8. Housing: Will the proposal:
a. Remove existing housing or create a demand
for additbnal housing? x
b. Other? ~_
g. Transportation / Clrratlation: Could the proposal, in
comparison with the Circulation Plan as identified in Sectbn
6.0 - Ciroulaton of the City's General Plan, resuk in:
a. An increase in trafrb that is greater than the land
use desi
nated on the General PIan7 ~
g
b. Use of existing, or demand for new, parking
t
ili
X
ac
ties/slructures?
c. Impact upon existing public transportatbn systems? X
d. Aheration of presem patterns of dreulation?
e. Impact to reil or air traftb? ~_
f. Increased safely hazards to vehicles, bigclists or
pedestrians? ~_
g. A disjointed pattern of roadway improvements? x
h. Significant increase in traffic volumes on the roadways
X
or imeroections? ,
i. Other? _.~
Maybe
PUW-9A8 PILiE ]OF_ (/4YO~
10. Public Service: Will the proposal impact the folbwing Yes No Maybe .
beyond the capability to provide adequate levels of service?
a. Fire protedbn? x
b. Police protectbn7 x
c. Schools (i.e., attendance, boundaries, overbad, etc.)? X
d. Parks or other recreatbnal facilities? X
e. Medical aid? ~c
f. Solid Waste?
g. Other? X
11. Utilltlas: Will the proposal:
a. Impact the folbwing beyond the capability to
provide adequate levels of service or require the
construdbn of new facilfties?
1. Natural gas? x
2. Electricity? ~
3. Water? ~
4. Sewer4 X
5. Other? x
b. Result in a disjointed pattern of utility extensbns?
c. Require the construction of new facilhies? X
12. Msthotla:
a. Could the proposal result in the obstructbn of any
scenic view?
b. Will the visual impact of the project be detrimental
m the surrounding areal
c. Other?
13. Cuhurel Resourcos: Could the proposal result in:
a. The alteration or destruction of a prehistoric or
historic archaeobgical site by devebpment within an
archaeological sensitive area as ident'died in Section
3.0 -Historical, Figure 8, of the Chy's General Plan?
b. Akeration or destruction of a historical site, structure
or object as listed in the City's Historic Resources
Reconnaissance Survey?
c. Other?
x
~„°~~~ PWLYD6 PAGE SOF_ nt-YO)
74. Mandatory Findings of Significance (Secl'an 15065)
The California Environmental l]ualhy Act states that if any of the following can be answered yes or
maybe, the project may have a significant effect on the environment and an Environmental Impact
Report shall be prepared.
Yes No Maybe
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlNe species, cause a fish or
wildlife populatbn to drop below seH sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history
or prehistory?
b. Does the project have the potential to achieve short-
term, to the disadvantage of bng-tens, environmental
goals? (A short-term impact on the environment is one
which occurs in a relativey brief, definitive period
of lima while bnggerm impacts will endure well into x
the future.)
a foes the project have impacts which ere individualy
limited, but cumulatrvety considerable? (A project may
impact on two or more separate rosouras where the
impact on each rosoura is relatively small, but where
the effect of the total of those impacts on the /
environment is significant.) /~
d. Does the project have environmental effects which will
cause substantial adverse effects on human beings, y
either directy or indirectly? ' \
C. DISCUSSION OF ENVIRONMENTAL EVALUA710N AND MITIGATION MEASURES
(Attach sheets as necessary.)
~? PUI/4ee8 PAGE 60F_ n*~
4. DISCUSSION OF ENVIRONMENTAL EVALUATION AND
MITIGATION MEASURES
1. Earth Resources
a-g. The proposed amendment to the Development Code has no potential to
directly impact any of the earth resources. Adult oriented business uses are
already permitted in the CH land use designation, and miscelleaneous in-
door entertainment in the IL designation. The amendment will allow adult
oriented businesses in the IL as well but is procedural in nature and will not
impact earth resources. No potential for significant negative impacts has
been identified, and no mitigation is required.
2. Air Resources:
a-c. Adult oriented businesses may create potential air quality impacts, however
project specific standard development review will continue and remain
unaltered. Adult oriented uses are conditionally permitted and therefore are
required to meet certain air quality standards for approval. Standard
requirements will mitigate any potential for significant negative impacts that
are identified, therefore no mitigation is required for this amendment.
3. Water Resources:
a-f The proposed amendment has no potential to directly impact any of the
water resource issues. Changing the permitted land use in a specific
designation will not create any impacts to water resources. The review
process will require a conditional use permit and will continue to address
future development in order to protect people and property from flood
hazards and address issues relating to water. No potential for significant
negative impacts has been identified, and no mitigation is required.
4. Biological Resources:
a-d. The proposed amendment does not alter the amount or location of any
biological resources or natural habitat. The level of review a development
project is required to undergo will not be reduced due to this amendment.
No potential for significant negative impacts has been identified, and no
mitigation is required.
5. Noise:
a-c. Adult oriented businesses will not create potential noise impacts, in addition,
standard development review for noise impacts will continue and remain
unaltered. Adult oriented business uses are conditionally permitted and
therefore are required to meet certain standards for approval. Standard
requirements will mitigate any potential for significant negative impacts that
are identified, therefore no mitigation is required for this amendment.
6. Land Use:
a-d. The amendment does not change any land use designations but does allow
additional activities (adult oriented businesses) that are not currently
permitted in the IL designation. Any potential land use related impacts
resulting from this Development Code Amendment would be of a social
nature and would not impact the physical environment, no mitigation is
required. The amendment will not create any negative impacts to existing
land uses within the Airport Districts nor within the Foothill Fire Zone,
therefore no mitigation is required.
7. Man-Made Hazards:
a-d. Adult oriented businesses are currently permitted, with the approval of a
Conditional Use Permit in the CH land use designation. The use,
transportation, storage or disposal of any hazardous substances will be
controlled during the review process of the specific project. The amendment
will not reduce the review criteria nor thresholds at which a project is
required to maintain. Therefore, no potential for significant negative impact
has been identified, and no mitigation is required.
8. Housing:
a-b. The proposed amendment does not have any identified potential to remove
existing or create a demand for additional housing. Therefore, no potential
for significant negative impact has been identified, and no mitigation is
required.
9. Transportation/Circulation:
a-i. The proposed amendment does not have the potential to increase the land
use intensity, or create a greater traffic load beyond that which is already
permitted for the Industrial Light land use designation.
10. Public Services:
a. The proposed amendment does not alter access to public services in any
manner. All projects are required to provide access to public services.
b. The amendment may increase the potential for impacts to Police services due
to the nature of adult businesses. However, the requirement for the
approval of a Conditional Use Permit prior to the establishment of a project
mitigates any potential impacts to Police services due to the ability of the
City to review and condition individual projects.
c-g. There are no potential impacts to other public services created by this
amendment beyond those forecasted in the City's General Plan . Therefore,
no potential for significant negative impact has been identified, and no
mitigation is required.
11. Utilities:
a-c. The amendment will not alter the requirement to demonstrate adequate
access to, or service by public utilities. The amendment will not create the
demand for construction of additional utility infrastructure, nor has any
significant negative impact been identified as a result of this amendment.
Therefore, no mitigation is required.
12. Aesthetics:
a-c. Physical aesthetics are addressed during a review of the project at the
development phase by the City. This amendment will not alter the review
process nor the City's ability to evaluate the aesthetic impact of a project.
Therefore, no potential for significant negative impact has been identified,
and no mitigation is required.
13. Cultural Resources:
a-c. This amendment has no potential to directly impact cultural resources.
Standard review requires an evaluation of cultural resources on a project by
project basis and will not be altered as a result of this amendment.
Therefore, no potential for significant negative impact has been identified,
and no mitigation is required.
doc:939~se)
5. CONCLUSION/ENVIItONMENTAL DETERMINATION
On the basis of this Initial Study,
~ The proposed project COULD NoT have a significant effect on the environment and a
NEGATIVE DECLARATION will be prepared.
^ The proposed project could have a significant effect on the environment, although there
will not be a significant effect in this case because the mitigation measures described
above have been added to the project. A NEGATIVE DECLARATION will be prepared.
^ The proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
ENVIRONMENTAL REVIEW COMMITTEE
CTl'Y OF SAN BERNARDINO, CALIFORNIA
Valerie Ross. Principle Planner
Name and Title
l G, ¢?~-
signature
7,199y
Date
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
19.06, SECTION 19.06.030(2)(A)~ TAHLE 06.03 AND TABLE 08.02 OF THE
SAN BERNARDINO MIINICIPAL CODE (DEVELOPMENT CODE) PERTAINING TO
ADULT BUSINESSES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Development Code Table 06.03 COMMERCIAL AND
INDUSTRIAL DISTRICTS SPECIFIC STANDARDS, is hereby amended to
permit Adult Businesses in the CH and the IL Districts (see
Attachment A, Development Code Page II-90, attached and
incorporated herein by reference).
SECTION 2. Section 19.06.030(2)(A) of the Municipal Code
(Development Code) is amended to add the IL, Industrial Light, land
use district in addition to the CH, Commercial Heavy, land use
district where Adult Businesses are permitted subject to a
Conditional Use Permit; all other provisions of Section
19.06.030(2)(A) remain unchanged including the distance
requirements separating an adult business from another adult
business, religious institution, school, public park or property
designated for residential use or used for residential purposes.
The first sentence of Section 19.06.030(2)(A) of the
Development Code is hereby amended to read as follows (see
Attachment B, Development Code Page II-91, attached and
incorporated herein by reference):
"A. ADIILT BUSINESSES
Adult businesses are permitted, subject to a Conditional
Use Permit, only in the CH and IL land use districts. For the
purposes of this Section, the following definitions shall apply:"
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SECTION 3. Development Code Table 08.02 INDUSTRIAL
DISTRICTS LIST OF PERMITTED USES is hereby amended to permit Adult
Businesses in the IL District (see Attachment C, Development Code
Page II-136A, attached and incorporated herein by reference).
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of 1994, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE
CURLIN
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
of , 1994.
Tom Minor, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Aft~torney(''+
By: /C~~ !il
day
2
CC iERCIAL DISTRICTS -19.06
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II-90 ]194
COM R~ .L DISTRICTS-19A6
y, 7 Ai`*D USE DISTRICT SPECIFIC STANDARDS
In addition to the general development requirements contained in Chapter 19.20
(property Development Standazds), the following standazds shall apply to
specific commercial land use districts. (See Table 06.03 on previous page.) For
residential uses in commercial land use districts, see Table 4.03 and the standards
contained in Chapter 19.04.030 (2).
A. ADULT BUSINESSES
Adult businesses are permitted, subject to a Conditional
Use Permit, only in the CH and IL land use districts.
For the purpose of this Section, the following
definitions shall apply:
1. Adult Arcade. An establishment where, for any form of considera-
tion, one or more motion picture projectors, slide projectors or
similaz machines, for viewing by 5 or fewer persons each, are used
to show films, motion pichues, video cassettes, slides or other
photographic reproductions which are characterized by an em-
phasisupon the depiction or description of "specified sexual ao-
tivities" or "spedfied anatomical areas."
2. Ad ,tt Bookcto An establishment which has as a substantial
portion of its stock-in-trade and offers for sale for any form of con-
sideration any 1 or more of the following.
a. Books, magazines, periodicals or other printed matter,
or photographs, films, motion pichltes, videocassettes,
slides or other visual representations which are charao-
terized by an emphasis upon the depiction or description of
"specified sexual activities" or "spedfied anatomical areas";
or
b. Instruments, devices or pazaphernalia which are designed
for use in connection with "specified sexual activities."
3. Adult Cabaret. Nightclub, baz, restaurant or similaz establishment
which regularly features live performances which are characterized
by the exposure of "specified anatomical areas" or by "specified
sexual activities;' or Elms, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by an
emphasis upon the depiction or description of "spedfied sexual ao-
tivities" or "specified anatomical areas."
ATTACHMENT B
II-91 SJ91
IN iTRLAL DISTRICTS -19.08
LAND USE ACTNITY CH OIP IL IH IE
10. Entertainment/Recreational Uses:
A. Adult Entertainment C - C - -
B. Auditoriums, Convention Halls and Theaters C C - - -
C. Miscellaneous Indoor; and D C D D -
D. Miscellaneous Outdoor C C C C C
11. Financial; D D - - -
12. Fuel Dealers; C - C D -
13. Funeral Parlors/Mortuaries; D - D D -
14. Gasoline Service Stations; D - D D -
15. Heliports/Helipads; C C C C C
16. Impound Vehicle Storage Yards C - C D -
(with or without towing) _
17. Membership organizations, including religious D D D _- -
facilities, meeting halls, and fraternal lodges;
18. Mining/Extraction, including aggregate, coal, - - - - C
gas, metal and oil;
19. Mobile Home Dealers (sales and service); D - D D -
20. Offices/Services (administrative and professional); D D D - -
21. Outdoor contractor's, lumber, and rental yards D - D D D
and storage areas for building supplies;
22. Outdoor Horticultural Nurseries; D - D D D
23. Parking Lots; D D D D D
24. Personal Services; D D2 D2 - -
25. Pipelines (As defined by Section 1920.030 [12] [E] C C C C C
or as supelseded by State or Federal law);
26. Public utility uses, distribution and transmission D D D D D
substations and communcation equipment structures;
27. Publishing/Printing Plants; D D D D -
28. Railroad Yards; - - - D -
29. Recycling Facilities; (IlI Compliance with
Section 19.06.030 (2] [M])
30. Research and Development, including laboratories; D D D D -
31. Retail Commercial; D D2 D2 - -
32. Salvage and Wrecking (dismantling) yards; - - - C C
33. Salvage and Wrecking Facilities C - C C -
(completely within an enclosed structure);
34. Swap Meets; C - C C C
35. Towing Services; D - D D -
36. Transportation/Distribution; D - D D -
37. Truck Stops; ATTACHMENT C - - C C -
II-136 A 7J94