HomeMy WebLinkAbout52- Planning & building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Al Boughey, Director Subject: Amendments to Title 19 and Chapter 5.22
Pertaining to Outdoor Sales and Displays
Dept: Planning & Building Services
Date: May 2, 1996 MCC Date: May 20, 1996
Synopsis of Previous Council Action:
The Legislative Review Committee directed staff to prepare revisions to the Municipal Code, including the
Development Code, to remove the discrepancies related to temporary outdoor sales and displays.
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council waive the first readings and that the
ordinance be laid over for final adoption.
1
Contact person: Al Boughey Phone: 384-5357
Supporting data attached: Staff Report and Ordinances (2) Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
5--.2 o-9G
Agenda Item No. 5-a
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject: Amendments to various sections of the Development Code and Chapter 5.22 of
the Municipal Code pertaining to outdoor sales and displays.
Mayor and Common Council Meeting of May 20, 1996
KEY POINTS
There are discrepancies between the Development Code requirements in Title 19 and
Chapter 5.22 of the Municipal Code related to outdoor sales and displays. Title 19
allows outdoor sales and displays twice a year for four consecutive days, subject to a
Temporary Use Permit. Chapter 5.22 permits limited outdoor sales/displays, but does
not specify the frequency or duration.
- This amendment will delete the requirement from Chapter 19.70 for a Temporary Use
Permit for temporary outdoor sales/displays and will add a provision to Chapter 5.22 to
require a permit for temporary outdoor sales/displays.
- Temporary outdoor uses (Christmas tree sales lots, carnivals, etc.) not associated with
a business in a building will still be subject to Chapter 19.70.
- This amendment will add a provision to Chapter 19.06 to allow permanent outdoor sales
and display areas for major commercial uses such as home centers (15,000 sq. ft. and
larger).
- This amendment does not permit outdoor storage in commercial areas on a temporary or
permanent basis. Outdoor storage is permitted in industrial areas pursuant to Chapter
19.08 of the Development Code.
ENVIRONMENTAL DETERMINATION
These amendments are exempt from CEQA pursuant to the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment. The
changes clarify existing requirements.
Outdoor Sales/Displays
MCC Mtg. of 5/20/96
Page 2
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the proposed amendments to the Development Code and
recommended that the Mayor and Common Council approve them, along with the associated
amendment to Chapter 5.22. The Planning Commission vote was 5-0 in favor (Commissioners
Thrasher, Hamilton, Stone, Gaffney and Schuiling; Commissioners Brue, Cole, Gonzales,
Strimpel and Traver absent).
RECOMMENDATION
Staff recommends that the Mayor and Common Council approve the amendments to Title 19 of
the Development Code and Chapter 5.22 of the Municipal Code.
EXHIBITS: A Planning Commission Staff Report (includes strike-out/underline of
proposed revisions)
B Ordinance - Amendments to Title 19
C Ordinance - Amendments to Chapter 5.22
EX MIT A
SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment No. 94-03 AGENDA ITEM: 8
BEARING DATE: 12-12-95
WARD: Citywide
APPLICANT: CITY OF SAN BERNARDINO OWNER: N/A
REQUEST LOCATION - Modification of requirements relating to outdoor sales/displays.
EXISTING LAND USE
PROPERTY LAND USE DESIGNATION
SUBJECT N/A N/A
NORTH
SOUTH
EAST
WEST
GEOLOGIC/SEISMIC YES ❑ FLOOD HAZARD YES ❑ SEWERS: YES ❑
■NO ZONE: NO NIF 771
HAZARD ZONE: NO ■
HIGH FIRE HAZARD YES ❑ AIRPORT YES ❑ REDEVELOPMENT YES ❑
ONE: NO ■ NOISE/CRASH NO ■ PROJECT AREA: NO 0
1Z ZONE: —�11
ENVIRONMENTAL FINDINGS: STAFF RECOMMENDATION:
■ Not Applicable ❑ Potential Effects, ■ APPROVAL
(Previous Mitigating Measures,
Mitigated No E.I.R. ❑ CONDITIONS
Negative
Declaration) ❑ E.I.R. w/Significant ❑ DENIAL
Effects
❑ Exempt ❑ CONTINUANCE
O Significant Effects, TO:
❑ No Significant See Attached E.R.C.
Effects Minutes
DEVELOPMENT CODE AMENDMENT NO. 94-03
Agenda Item No. 8
Hearing Date: December 12, 1995
Page 1
REQUEST:
The request is for an amendment to the Development Code to modify the requirements and
procedures relating to outdoor sales and displays. The amendment will be applicable Citywide.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS:
Pursuant to Section 15061(b-3)of the CEQA guidelines, the proposal to modify the requirements
for outdoor sales and displays is exempt from CEQA as it is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on the
environment. The proposed changes to the Development Code are to clarify the requirements
for outdoor sales and displays within the City and will not impact the environment.
BACKGROUND:
The Legislative Review Committee (LRC) discussed outdoor sales and displays and the
discrepancies between Title 19, the Development Code, and Chapter 5.22 of the Municipal
Code. The LRC directed Planning Staff to address the issues through the Development Code
Revision process.
The City Clerk's Office is concurrently processing a Municipal Code Amendment to modify
Chapter 5.22 as shown in Attachment C.
ANALYSIS:
Proposal
The Development Code Amendment will delete the requirement of obtaining a Temporary Use
Permit to allow temporary outdoor sales and displays. Outdoor sales and displays will still be
allowed on a temporary basis pursuant to Chapter 5.22 of the City of San Bernardino Municipal
Code. The amendment will also add a provision to allow sales and displays for major tenants
(15,000 sq. ft. and larger).
General Plan Consistency
The proposed Development Code Amendment does not conflict with the General Plan in that the
deletion of certain provisions is for the purpose of rectifying an inconsistency. The inclusion
of a provision for permanent outdoor sales/displays areas is consistent with Goal 1G(a) in that
it will help to enhance established commercial districts.
DEVELOPMENT CODE AMENDMENT NO. 94-03
Agenda Item No. 8
Hearing Date: December 12, 1995
Page 2
AMENDMENT
The proposed changes to the Development Code included in this amendment are shown on
Attachment A.
CONCLUSION:
The request is to amend the Development Code by removing the Temporary Use Permit
requirement to allow outdoor sales and displays. Temporary outdoor displays will still be
allowed pursuant to Chapter 5.22 of the Municipal Code. The proposal is exempt from CEQA
as it is covered by the general rule that CEQA applies only to projects which have the potential
for causing a significant effect on the environment. No significant environmental impacts will
occur as a result of the proposal. The amendment is consistent with the General Plan.
RECOMAff,NDATION:
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council approve Development Code Amendment No. 94-03 based on the Findings of Fact
(Attachment "B").
Prepared by: Valerie C. Ross, Principal Planner
Prepared for: Michael Hays, Assistant Director - Planning and Building Services
Attachment: A - Proposed Revisions
B - Findings of Fact
C - Municipal Code Section 5.22
DEVELOPMENT CODE AMENDMENT NO. 94-03
Agenda Item No. 8
Hearing Date: December 12, 1995
Page 3
ATTACIIMENT A
Proposed Revisions
NOTE: STRIKE T14ROUGII IS PROPOSED TO BE DELETED.
BOLD TEXT IS PROPOSED TO BE ADDED.
SECTION 19.02.050 DEFINITIONS
gidewalldPafldng Outdoor Sales/Displays A Promotional sales event conducted by
1 or more businesses which is held outside the confines of the commercial or- fnaflufaetur-ing
structure(s) in which such business is normally conducted and which sale involves the outdoor
display within a paved or concreted area on the same lot as the structure(s) of merchandise
which is normally displayed within the structure(s). Sale events shall be conducted solely on
private property and not encroach within public rights-of-way.
SECTION: 19.06.030(1)(B) COMMERCIAL LAND USE DISTRICT STANDARDS
1. All indoor uses shall be conducted within a completely enclosed structure.
Limited outside uses (e.g. patio dining areas and nursery sales limited to plants
and trees) or permanent outdoor sales and display areas, for major tenants
(15,000 sq. ft. or greater) shall be approved with a Development Permit.
Temporary outdoor sales and displays are permitted pursuant to Chapter
5.22 of the Municipal Code.
SECTION: 19.06.030(2)0 MINI-MALLS
4. No outdoor displays or sale of merchandise shall be permitted. However,
temporary outdoor sales may be allowed
TTY pursuant to Chapter 5.22 of the Municipal Code.
SECTION: 19.70.020 PERMITTED USES
The following temporary uses may be permitted, subject to the issuance of a Temporary Use
Permit:
I. Real estate offices within approved development projects;
DEVELOPMENT CODE AMENDMENT NO. 94-03
Agenda Item No. 8
Hearing Date: December 12, 1995
Page 4
2. Outdoef display and sales of fflefehandige-ithin-eefnfnereW land-use-d emo fifnited
3. On- and off-site contractors' construction yards in conjunction with an approved
development project.
4. Trailer, coach or mobile home as a temporary residence of the property owner when a
valid residential building permit is in force. The permit may be granted for up to 180
days, or upon expiration of the building permit, which ever first occurs;
5. Christmas tree sale lots; however, a permit shall not be required when such sales are in
conjunction with an established commercial business holding a valid business heet}se
registration certificate, provided such activity shall be only held from November 1st
through December 31st, subject to Chapter 5.04 of the Municipal Code;
6. Fireworks, when the latter is in compliance with Chapter 8.60 of the Municipal Code;
7. Circuses, rodeos and carnivals, subject to compliance with Chapter 5.42 of the Municipal
Code;
8. Fairs, festivals and concerts, when not held within premises designed to accommodate
such events, such as auditoriums, stadiums or other public assembly facilities;
9. Emergency public health and safety needs; and
10. Similar temporary uses which, in the opinion of the Director are compatible with the
land use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar
Uses Permitted).
11.
,
> .
DEVELOPMENT CODE AMENDMENT NO. 94-03
Agenda Item No. 8
Hearing Date: December 12, 1995
Page 5
ADD SECTION 19.70.030 AS SHOWN, AND RE-NUMBER REMAINING SECTIONS:
SECTION: 19.70.030 EXEMPTIONS
The following uses are exempt from the provisions of this chapter:
1. Temporary outdoor displays and sales, pursuant to Chapter 5.22 of the Municipal
Code.
2. City-sponsored uses and activities, or activities occurring on City owned property,
occurring at regular periodic intervals (weekly, monthly, yearly, etc.). Other City
permits (building permits, encroachment permits, etc.) may be required.
SECTION: 19.70.930 060 CONDITIONS OF APPROVAL
1.Provision for a fixed period not to exceed 90 days for a temporary use not occupying a
structure, including promotional activities, or 1 year for all other uses or structures, or for a
shorter period of time as determined by the Director.
eedined in Seefien 19.70.020(i 1) afe net subjeet to the fixed time limitations of this eendifien
as detfffftined by the Direetef. MG 844 7 20 92
DEVELOPMENT CODE AMENDMENT NO. 94-03
Agenda Item No. 8
Hearing Date: December 12, 1995
Page 6
ATTACHMENT B
FINDINGS OF FACT
Development Code Amendment No. 94-03
1. The deletion of the requirement for a Temporary Use Permit for temporary outdoor
sales/displays, and other related provisions does not conflict with the General Plan in that
th e purpose is to rectify inconsistencies. The addition of a provision to allow permanent
outdoor sales/displays areas is consistent with the General Plan in that it will help to
enhance commercial uses in established commercial districts.
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that outdoor displays are currently permitted by
Chapter 5.22 of the City of San Bernardino Municipal Code.
ATTACHMENT C
DRAFT
November 29, 1995
NOTE: STRWcE 941ROUGH IS PROPOSED TO BE DELETED.
BOLD TEXT IS PROPOSED TO BE ADDED.
CHAPTER 5.22
OUTDOOR SALES AND DISPLAYS
Sections:
5.22.101 Permit required.
5.22.020 Permit - Fee.
5.22.030 Permit - Issuance.
5.22.040 Limited outdoor displays permitted.
5.22.050 Exemptions
SECTION: 5.22.010 Permit required.
It is unlawful for any person, firm or corporation to conduct " of
"side e4k se4e" outdoor sales or except displays, u n issuance of a
p upon permit by the City Clerk.
(Ord. MC-535, 84-86.)
SECTION 5.22.020 Permit - Fee
The permit fee shall be established by resolution of the Mayor and Common Council.
(Ord. MC-535, 8-4-86.)
SECTION 5.22.030 Permit Issuance
A. Said permits shall be issued only to persons holding an active business peen
registration certificate at the time of the application for such permit, and such permit
shall be kept on the premises while in force.
B. A permit shall not be issued-for the same location more than four times in any calendar
year and not more than once within any thirty day period. The permit shall be valid for
nine calendar days, including holidays. The beginning and ending date of the sale shall
be stated in the permit. (Ord. MC-535, 8-4-86.)
Outdoor Sales/Displays
Chapter 5.22
Proposed Revisions
Page 2
SECTION: 5.22.040 Limited outdoor displays permitted.
Limited outdoor sales and displays of merchandise may be permitted witheut--a pest
upon issuance of a permit pursuant to Section 5.22.010, as long as the following criteria are
met:
A. No merchandise shall be died located in public rights-of-way.
set fef6h in Ghapter- 19.56-.
B. Merchandise may be located in the parking lot, utilizing not more than 10% of the
available parking spaces.
C. No merchandise shall be domed located in areas required to meet the landscaping
standards set forth in Chapter 19.28 of the Development Code. Seetief '^ 56 12
D. No merchandise shall be displayed located in such a way that it creates a public safety
hazard.
E. The display location of merchandise for sale or display shall be restricted to those sides
of the building where customer entrances are located.
(Ord.MC-535, 84-86.)
SECTION: 5.22.050 EXEMPTIONS
The following uses are exempt from the provisions of this Chapter:
A. Permanent outdoor sales and display areas, for major tenants (15,000 sq. ft. or
greater), pursuant to Chapter 19.06 of the Development Code.
B. Limited outside uses such as patio dining areas and nursery sales, pursuant to
Chapter 19.06 of the Development Code.
C. Display areas for the sale or rent of motor vehicles, pursuant to Chapter 19.06 of
the Development Code.
Outdoor Sales/Displays
Chapter 5.22
Proposed Revisions
Page 3
D. City-sponsored uses and activities, or activities occurring on City owned property,
occurring at regular periodic intervals (weekly, monthly, yearly, etc.). Other City
permits (building permits, encroachment permits, tent permits, etc.) may be
required.
E. Personal property sales, pursuant to Section 5.68 of the Municipal Code.
EXIHBIT B
1 ORDINANCE No.
2 AN ORDINANCE OF THE CITY OF BAN BERNARDINO AMENDING
MISCELLANEOUS SECTIONS OF THE BAN BERNARDINO MUNICIPAL (DEVELOPMENT
3 CODE) PERTAINING TO OUTDOOR SALES AND DISPLAYS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
5 SECTION 1.
Section 19.02.050 Definitions, is amended to
6 change the title of the definition to Outdoor Sales/Displays (see
7 Attachment "A-1", page II-18 a copy of which is attached hereto
8 and incorporated herein by reference) .
9 SECTION Z. Section 19.06.030(1) (B) Commercial Land Use
10 District Standards is amended to include a provision for permanent
11 outdoor sales and display areas (see Attachment "A-2"
page II-80,
12 a copy of which is attached hereto and incorporated herein by
13 reference) .
14 SECTION 3. Section 19.06.030(2) (1) Mini-Malls is amended
15 to delete the reference to a Temporary Use Permit (see Attachment
16 "A-3"f page II-101, a copy of which is attached hereto and
17 incorporated herein by reference) .
18 SECTION 4. Section 19.70.020 Permitted Uses is amended to
19 delete Subsection (2) , revise Subsection (5)
and delete Subsection
20 (11) pertaining to outdoor sales and displays, business
21 registration certificates and City-sponsored uses and activities
22 and Sections 19.70.030, 19.70.040, 19.70.050, 19.70.060 and
23 19.70.070 are re-numbered and a new Section 19.70.030 Exemptions is
24 added (see Attachment "A-411, pages IV-76, IV-77, and IV-78, copies
25 of which are attached hereto and incorporated herein by reference) .
26
27
28
1
I ORDINANCE. •AMENDING MISCELLANEOUS SECTIONS OF THE SAN
BERNARDINO MUNICIPAL (DEVELOPMENT CODE) PERTAINING TO OUTDOOR SALES
2 AND DISPLAYS.
3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted
4 by the Mayor and Common Council of the City of San Bernardino at a
5 meeting thereof, held on the day of
6 1996, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9 CURLIN
10 ARIAS
11 OBERHELMAN
12 DEVLIN
13 ANDERSON
14 MILLER
15
16 City Clerk
17
18 The foregoing ordinance is hereby approved this day
19 of , 1996.
20
21 Tom Minor, Mayor
City of San Bernardino
22 Approved as to form
23 and legal content:
JAMES F. PENMAN,
24 City Attorney
25
By:
26 ..
27
28
2
ATTACHMENT "A-1"
BASIC IS - 19-92
Manufactured Home. A factory built or manufactured home including mobile homes, as
permitted by State of California and Federal laws.
Mme. is . A paved or planted area separating a street or highway into 2 or more lanes of
opposite direction of travel.
Mixed Use Development. The development of a parcel(s) or structure(s) with 2 or more
different land uses such as, but not limited to a combination of residential, office,
manufacturing, retail, public, or entertainment in a single or physically integrated group of
structures.
Mobile Home. Same as "Manufactured Home", but subject to the National Manufactured
Housing Construction and Safety Act of 1974.
Motel. Guest rooms or suites occupied on a transient basis, with most rooms gaining access
from an exterior walkway.
Net Site Area. The total area within the lot lines of a parcel of land after public street
easements or other areas to be dedicated or reserved for public use are deducted from such lot
or parcel.
Nonconforming Structure. A structure which conformed to applicable laws when constructed
but does not conform to the provisions of this Development Code.
Nonconforming. IDeeal. A structure, lot, or use which did not conform to applicable laws
when constructed or initiated, and does not conform to the provisions of this Development Code.
Nonconforming Lot. A lot, the area, frontage or dimensions of which do not conform to the
provisions of this Development Code.
NonconforrtWg Use. A use complying with applicable laws when established but does not
conform to the provisions of this Development Code.
Outdoor Sales/Display, A Promotional sales event conducted by 1 or more businesses which
is held outside the confines of the commercial structure(s) in which such business is normally
conducted and which sale involves the outdoor display within a paved or concreted area on the
same lot as the structure(s) of merchandise which is normally displayed within the structure(s).
Sale events shall be conducted solely on private property and not encroach within public rights-
of-way.
Parcel. A parcel of land under one ownership that has been legally subdivided or combined and
is shown as a single parcel on the latest equalized assessment roll.
Parkway. The area of a public street that lies between the curb and the adjacent property line
or physical boundary definition such as fences or walls, which is used for landscaping and/or
passive recreational purposes.
U-18 5/91
ATTACIHAENT "A-2"
COMMERCIAL DISTRICTS ' 19.06
19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
1. GENERAL STANDARDS
A. The following standards are minimum unless stated as maximum: See Table
06.02.
B. COMM ERCIAL LAND USE DISTRICT STANDARDS
The following standards shall apply to development in all commercial districts,
except as otherwise provided for in this Development Code:
1. All indoor uses shall be conducted within a completely enclosed structure.
Limited outside uses (e.g. patio dining areas and nursery sales limited to
plants and trees) or permanent outdoor sales and display areas, for major
tenants (15,000 sq.ft. or greater) shall be approved with a Development
Permit. Temporary outdoor sales and displays are permitted pursuant to
Chapter 5.22 of the Municipal Code.
2. There shall be no visible storage of motor vehicles (except display areas
for sale or rent of motor vehicles), trailers, airplanes, boats, recreational
vehicles, or their composite parts; loose rubbish, garbage, junk, or their
receptacles; tents; equipment; or building materials in any portion of a lot.
No storage shall occur on any vacant parcel. Building materials for use
on the same premises may be stored on the parcel during the time that a
valid building permit is in effect for construction.
3. Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with adopted Public Works
Department standards and be of sufficient size to accommodate the trash
generated. The receptacle(s) shall be screened from public view on at
least 3 sides by a solid wall 6 feet in height and on the fourth side by a
solid gate not less than 5 feet in height. The gate shall be maintained in
working order and shall remain closed except when in use. The wall and
gate shall be architecturally compatible with the surrounding structures.
4. All roof-mounted air conditioning or heating equipment, vents or ducts
shall not be visible from any abutting lot, or any public street or right-of-
way. This shall be accomplished through the extension of the main
structure or roof or screened in a manner which is architecturally
integrated with the main structure(s).
5. Elevations of all structures shall be architecturally treated to ensure
compatibility with high quality neighboring structures.
6. An intensity bonus of up to 12 square feet for each 1 square foot of
permanent space for properly designed and administered day care facilities
may be approved by the review authority.
II-80 5/91
ATTACEMNT "A-3" OMMER['TAI DT4TRTC"i`C
19 06
I. INDOOR RETAII, CONCESSION MALLS
Indoor retail concession malls are subject to a Conditional Use Permit and shall
comply with the following standards:
1. Additional refuse containers may be required.
2. A centralized loading area is required.
3. A parking study may be required which addresses available off-street
parking for establishments which are proposed for tenant suites within
existing multi-tenant, commercial centers.
4. Indoor retail concession malls shall be considered to be one tenant for
Purposes of Development Code sign standards. MC 825 3/17/92.
J. MINI-MALLS
Mini-malls (small scale, up to 30,000 square feet, multi-tenant shopping centers)
are subject to a Conditional Use Permit and shall comply with the following
standards:
1. All development and operational standards outlined in Section
19.06.030(2)(F)(Convenience Stores), except for item Nos. 4 and 17 shall
apply.
2. The development shall provide internal continuity, uniformity, and
compatibility relating to architectural design, vehicular and pedestrian
access, and on-site provisions for landscaping, loading, parking, and
signage.
3. To the extent feasible, the on-site vehicular circulation system shall
provide continuity with adjacent and similar commercial developments.
4. No outdoor displays or sale of merchandise shall be permitted. However,
limited outdoor sales may be allowed pursuant to Chapter 5.22 of the
Municipal Code.
5. Every parcel with a structure shall have a trash receptacle on the
Premises. The trash receptacle shall comply with adopted Public Works
Department standards and be of sufficient size to accommodate the trash
generated. The receptacles) shall be screened from public view on at
least 3 sides by a solid wall 6 feet in height and on the fourth side by a
solid gate not less than 5 feet in height. The gate shall be maintained in
working order and shall remain closed except when in use. The wall and
gate'shall be architecturally compatible with the surrounding structures.
U-101 5191
- ATTACHMENT "A4" TEMPO ARY USE P Mrrc 19.70
CHAPTER 19.70
TEMPORARY USE PERMITS
19.70.010 PURPOSE
The Temporary Use Permit allows for short-term activities which may be appropriate when
regulated.
19.70.020 PERMITTED USES
The following temporary uses may be permitted, subject to the issuance of a Temporary Use
Permit:
1. Real estate offices within approved development projects;
2. On- and off-site contractors' construction yards in conjunction with an approved
development project;
3. Trailer, coach or mobile home as a temporary residence of the property owner when a
valid residential building permit is in force. The permit may be granted for up to 180
days, or upon expiration of the building permit, whichever first occurs;
4. Christmas tree sale lots; however, a permit shall not be required when such sales are in
conjunction with an established commercial business holding a valid business registration
certificate, provided such activity shall be only held from November 1 through December
31, subject to Chapter 5.04 of the Municipal Code;
5. Fireworks, when the latter is in compliance with Chapter 8.60 of the Municipal Code;
6. Circuses, rodeos and carnivals, subject to compliance with Chapter 5.42 of the Municipal
Code;
7. Fairs, festivals and concerts, when not held within premises designed to accommodate
such events, such as auditoriums. stadiums, or other public assembly facilities;
8. Emergency public health and safety needs;
9. Similar temporary uses which, in the opinion of the Director are compatible with the land
use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses
Permitted); and
IV-76 7/92
M1 PORARY USE PERMITS 19.7o
19.70.030 EXEMPTIONS
The following uses are exempt from the provisions of this chapter:
I. Temporary outdoor displays and sales, pursuant to Chapter 5.22 of the
Municipal Code.
2. City-sponsored uses and activities, or activities occurring on City owned
property, occurring at regular intervals (weekly, monthly, yearly, etc.).
Other City permits (building permits, encroachment permits, etc.) may
be required.
19.70.040 APPLICATION
A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director.
The Director may refer such application to the Commission. Decisions of the Director may be
appealed to the Commission pursuant to Chapter 19.52 (Hearings and Appeals).
19.70.050 FINDINGS
The Director may approve or conditionally approve a Temporary Use Permit application only
when all the findings contained in Section 19.36.050 (Conditional Use Permits) are made.
19.70.060 CONDITIONS OF APPROVAL
In approving an application for a Temporary Use Permit, the Director may impose conditions
deemed necessary to ensure that the permit will be in accordance with the findings required by
Section 19.36.050. These conditions may involve any pertinent factors affecting the operation
of such temporary event, or use, and may include, but are not limited to:
1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a
structure, including promotional activities, or 1 year for all other uses or structures, or
for a shorter period of time as determined by the Director.
2. Provision for temporary parking facilities, including vehicular ingress and egress;
3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct
illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and
heat;
4. Regulation of temporary structures and facilities, including placement, height and size,
location of equipment and open spaces, including buffer areas and other yards;
IV-77 aim
TEMPO ARY USE UH 19.70
5. Provision for sanitary and medical facilities;
6. Provision for solid, hazardous and toxic waste collection and disposal;
7. Provision for security and safety measures;
8. Regulation of signs;
9. Regulation of operating hours and days, including limitation of the duration of the
temporary use, as outlined in Condition No. 1;
10. Submission of a performance bond or other surety devices, satisfactory to the City
Engineer, to ensure that any temporary facilities or structures used will be removed from
the site within a reasonable time following the event and that the property will be
restored to its former condition;
11. Submission of a site plan indicating any information required by this Chapter;
12. A requirement that the approval of the requested Temporary Use Permit is contingent
upon compliance with applicable provisions of the Municipal Code; and
13. Any other conditions which will ensure the operation of the proposed temporary use in
an orderly and efficient manner and in accordance with the intent and purpose of this
Chapter.
19.70.070 CONDITION OF SITE FOLLOWING TEMPORARY USE
Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence
of the temporary use upon completion or removal of the use, and shall thereafter be used,
pursuant to the provisions of this Development Code.
19.70.080 REVOCATION
A Temporary Use permit may be revoked or modified by the Director if any one of the
following findings can be made:
1. That circumstances have changed so that 1 or more of the findings of fact contained in
Section 19.36.050 can no longer be made;
2. That the Temporary Use Permit was obtained by misrepresentation or fraud;
3. That 1 or more of the conditions of the Temporary Use Permit have not been met; and
4. That the use is in violation of any statute, ordinance, law, or regulation.
IV-78 7/92
EXHIBIT C
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
5.22 OF THE SAN BERNARDINO NUNICIPAL CODE PERTAINING TO OUTDOOR
3 SALES AND DISPLAYS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
5 SECTION 1. Chapter 5.22 of the Municipal Code is amended
6 to add a new section pertaining to exemptions and to require a
7 permit for limited outdoor sales and displays, as follows:
8 Sections:
9 5.22.101 Permit required.
10 5.22.020 Permit - Fee.
11 5.22.030 Permit - Issuance.
12 5.22.040 Limited outdoor displays permitted.
13 5.22,050 Exemptions
14 SECTION: 5.22.010 Permit required.
15 It is unlawful for any person, firm or corporation to conduct
16 outdoor sales or displays, except upon issuance of a permit by the
17 City Clerk. (Ord. MC-535, 84-86. )
18 SECTION 5.22.020 Permit - Fee
19 The permit fee shall be established by resolution of the Mayor
20 and Common Council. (Ord. MC-535, 8-4-86. )
21 SECTION 5.22.030 Permit Issuance
22 A. Said permits shall be issued only to persons holding an active
23 business registration certificate at the time of the
24 application for such permit, and such permit shall be kept on
25 the premises while in force.
26 B. A permit 'Shall not be issued for the same location more than
27 four times in any calendar year and not more than once within
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I any thirty day period. The permit shall be valid for nine
2 calendar days, including holidays. The beginning and ending
3 date of the sale shall be stated in the permit. (Ord. MC-535,
4 8-4-86. )
5 SECTION: 5.22.040 Limited outdoor displays permitted.
6 Limited outdoor sales and displays of merchandise may be
7 permitted upon issuance of a permit pursuant to Section 5.22.010,
8 as long as the following criteria. are met:
9 A. No merchandise shall be located in public rights-of-way.
10 B. Merchandise may be located in the parking lot, utilizing not
11 more than 10% of the available parking spaces.
12 C. No merchandise shall be located in areas required to meet the
13 landscaping standards set forth in Chapter 19.28 of the
14 Development Code.
15 D. No merchandise shall be located in such a way that it creates
16 a public safety hazard.
17 E. The location of merchandise for sale or display shall be
18 restricted to those sides of the building where customer
19 entrances are located. (Ord-KC-535, 84-86. )
20 SECTION: 5.22.050 EXEMPTIONS
21 The following uses -are exempt from the provisions of this
22 Chapter:
23 A. Permanent outdoor sales and display areas, for major tenants
24 (15,000 sq. ft. or greater) , pursuant to Chapter 19.06 of the
25 Development Code.
B. Limited outside uses such as patio dining areas and nursery
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27 sales, pursuant to Chapter 19.06 of the Development Code.
28 C. Display areas for the sale or rent of motor vehicles, pursuant
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1 to Chapter 19.06 of the Development Code.
2 D. City-sponsored uses and activities, or activities occurring on
3 City owned property, occurring at regular periodic intervals
4 (weekly, monthly, yearly, etc. ) . Other City permits (building
5 permits, encroachment permits, tent permits, etc. ) may be
6 required.
7 E. Personal property sales, pursuant to Section 5.68 of the
8 Municipal Code.
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I ORDINANCE. . .AMENDING CHAPTER S.22 OF THE BAN BERNARDINO
2 MUNICIPAL CODE PERTAINING TO OUTDOOR SALES AND DISPLAYS.
3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted
4 by the Mayor and Common Council of the City of San Bernardino at a
5 meeting thereof, held on the day of
6 1996, by the following vote, to wit:
Council Couci? Members: AYES KAYS ABSTAIN ABSENT
NEGRETE
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CURLIN
9
ARIAS
10 OBERHELMAN
11 DEVLIN
12 ANDERSON
13 MILLER
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16 City Clerk
17 The foregoing ordinance is hereb y approved this day
18 of
1996.
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20
Tom Minor, Mayor
21 City of San Bernardino
22 Approved as to form
and legal content:
23 JAMES F. PENMAN,
24 City Attorney
25 By:
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