HomeMy WebLinkAbout05.J- Community Development 5.J
ORDINANCE (ID#3266) DOC ID: 3266 C
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Mark Persico M/CC Meeting Date: 07/07/2014
Prepared by: Brenda Leggitt, (909) 384-5057
Dept: Community Development Ward(s): DCA: Citywide CUP 14-09: Ward 1
Subject:
Ordinance of the City of San Bernardino Adopting Development Code Amendment 14-14, to
Amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.025 (1)(A)
Smoke Shops, Section 19.06.025 (2) for Shopping Centers Over 200,000 Square Feet of Floor
Area, Subject to a Conditional Use, and Approve Conditional Use Permit 14-09 to Relocate an
Existing Check Cashing Business. (FINAL READING) (#3266)
Current Business Registration Certificate:
Financial Impact:
Increased property tax and sales tax of an undetermined amount to accrue to the City.
Motion: Adopt the Ordinance.
Synopsis of Previous Council Action:
None.
"' Background:
On May 21, 2014, the Planning Commission recommended that Mayor and Common Council
approve Development Code Amendment 14-14, to amend Development Code Chapter 19.06
(Commercial Districts) Section 19.060.25 (1)(A) Smoke Shops, Section 19.060.25(2) for
shopping centers over 200,000 square feet, subject to approval of a Conditional Use Permit, and
approve Conditional Use Permit (CUP) 14-09 to relocate an existing check cashing business,
based upon the Findings of Fact contained in the Planning Commission Staff Report subject to
the Conditions of Approval. The site subject to CUP14-09 is located at 721 West 2nd Street, in
the Commercial General (CG-1) zone.
PROJECT DESCRIPTION
The applicant requests the following:
• To amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.025
(1) (A) Smoke Shops, to modify floor area from +50% floor area to 10% floor area, and
add e-cigarettes and hookah lounges.
• To amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.025
(2), to modify the size of a shopping center or mall containing over 200,000 square feet
of floor area to 150,000 square feet of floor area, subject to approval of a Conditional Use
Permit.
• Conditional Use Permit to permit an existing check cashing facility to relocate from 690
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3266
W. 4`h Street to 761 W. 2nd Street, in the Commercial General (CG-1) zone (Attachment
A).
DCA 14-14:
The purpose of the proposed Development Code Amendment (DCA) is twofold:
1) To amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.025 (1)
(A) Smoke Shops, to modify floor area from +50% floor area to 10% floor area, and add e-
cigarettes and hookah lounges. The proposed amendment would clarify the floor area to make it
more user-friendly for staff and the community as a whole.
2) To amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.025 (2), to
modify"the size of a shopping center or mall containing over 200,000 square feet of floor area...
to a shopping center or mall containing 150,000 square feet of floor area....", subject to approval
of a Conditional Use Permit.
CUP 14-09:
The applicant is requesting that this application, which is a companion application to DCA 14-14
proposes to modify Section 19.06.025 (2), to reduce the size of a shopping center or mall
containing over 200,000 square feet requirements in order permit a relocation of an existing
check cashing business from a shopping center to another shopping center, subject to approval of
a Conditional Use Permit.
SETTING/SITE CHARACTERISTICS
The project site is approximately nine acres and is part of an existing 124,737-square foot
shopping center constructed in 1985. Table 2, below, provides a comparison of the project site
with the land uses of the surrounding properties.
TABLE 1: LAND USE CHARACTERISTICS
EXISTING LAND USE ZONING GENERAL
LOCATION PLAN
Site Shopping Center Commercial General (CG-1) Commercial
North Auto Dealership Commercial Regional Malls Commercial
(CR-1)
South Commercial Buildings Central City South(CCS-1) Commercial
East Multi-tenant Commercial Commercial General (CG-1) Commercial
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3266
AWN Center
West I-215 Off-ramp CALTRANS ICALTRANS
BACKGROUND
• March 2, 1985 - Permit issued to construct a 92,238-square foot shopping center on a
nine acre site located at the southeast corner of"G"and 2nd Streets.
• November 21, 1988 -A Certificate of Occupancy was issued for a jewelry store at 761 W.
2nd Street.
• February 24, 2000 - Development Permit Type 100-004 was approved to establish a
church at 761 W. 2nd Street.
• February 3,2004 -JKS Marshall Plaza, LLC acquired the subject site.
• May 15, 2014 - Conditional Use Permit 14-10 was reviewed by the Development/
Environmental Review Committee and the item was moved to the Planning Commission
for consideration.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The Development/Environmental Review Committee (D/ERC) reviewed the proposal on March
6, 2014 and determined that the project is exempt from environmental review pursuant to CEQA
Section 15301 for Existing Facilities. The project was moved to Planning Commission for
consideration.
ANALYSIS
Development Code Amendment 14-14:
Development Code Section 19.06.025 sets forth the list of prohibited uses. There are twelve
categories of commercial uses that are prohibited by Section 19.06.025 of the Development
Code. Smoke Shops and Check-cashing and Loan 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.
Staff has received inquiries regarding modifications to Development Code Section 19.06.025,
Prohibited Uses. Therefore, pursuant to requests by Council Member Marquez and two separate
parties, Development Code Section 19.06.025 would be modified to read as follows:
19.06.025 PROHIBITED USES
(1)(A) Smoke Shops and Hookah Lounges -Establishments that either exclusively sell or have
more than ten percent (10%) ° of their floor area
dedicated to the display, use, or sale of-,--sell cigarettes, cigars, pipes, bongs, tobacco,
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3266
hookah,e-cigarettes, and related paraphernalia.
(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;080 150,000 square feet of floor area and
that have at least one major commercial-anchor-tenant, and subject to approval of a
Conditional Use Permit pursuant to Development Code Chapter 19.36.
The subject code amendment will modify exceptions specific to prohibited uses that will allow
them in a shopping center containing 150,000 square feet of floor area, subject to approval of a
Conditional Use Permit. The subject code amendment will grant the Planning Commission the
authority to review individual proposals for prohibited uses 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.
CUP 14-09:
The proposed Check Into Cash is a brand name chain store with hundreds of stores located in
various centers and malls across the states. The project site is located in the Commercial General
(CG-1) zone, which would permit the establishment of a check cashing facility, subject to
approval of a Conditional Use Permit. The proposed project would occupy an existing vacant
building in an existing shopping center that would benefit nearby residential and downtown
` commercial office areas to the north, west and east of the project site. The proposed business
would be open seven days a week from 8:00 a.m. to 10:00 p.m., Monday through Sunday.
The existing building, which has been well maintained despite recent vacancy, will include
minor storefront exterior modifications to accompany the new commercial use. The proposed
center provides for loading, parking, and pedestrian access required to serve the site. The
following site design analysis illustrates compatibility of the project with the Development Code
as shown in Table 2:
TABLE 2: DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY
CATEGORY PROPOSAL/EXISTING DEVELOPMENT GENERAL
CODE PLAN
Permitted Use Check Cashing Facility Shopping Center Consistent
150,000 square feet
Floor Area, Subject
to CUP
Height 20 feet / 1 story 30 ft. /2 stories max. N/A
Setbacks -Front 445 feet(Existing) 0 10 feet min. 0 feet N/A
- Side - Street feet(Existing) 5 feet min. 15 feet min. 10
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Side - Rear (*) (Existing) 55 feet feet min.
(Existing)
Lot Coverage 32 % 50 %max. N/A
Landscaping 14 % (**) (Existing) 15 % N/A
(29,069 sq. ft.)
Parking 42 stalls _42 stalls N/A
*Structures are existing. Setbacks are based on the minimum setback existing on-site.
**Indicates legal non-conforming status.
Parking: The site plan provides parking spaces at a ratio of one stall per 250 square feet of gross
floor area. This will allow the proposed building to be occupied by a wide variety of retail
commercial uses, including check cashing facilities. Section 19.24.040 of the Development Code
requires a minimum of 42 parking spaces for this project, and the shopping center's 630 stalls
will meet this requirement.
Landscapin&The existing landscape plan provides 14% (29,069 square feet) coverage of on-site
landscaping,whereas 15%is required. However, Development Code Section 19.62.020 (8)
provides for re-use of existing/non-conforming projects. The subject building is not being
expanded and therefore it does not result in the requirement that additional landscaping be added.
FINDINGS OF FACT-DEVELOPMENT CODE AMENDMENT
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would provide for site-specific review of the
prohibited uses on a case-by-case basis, subject to approval by the Planning Commission.
Additionally, the proposed DCA14-14 would clarify requirements to encourage streamlining
process within the City and would ensure that development of certain sites with any of the
prohibited use twelve categories would be consistent with the goals, objectives and policies of
the General Plan. The proposed amendment maintains 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."
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."
Polio: "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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3266
Goal 4.5: "Identify and attract new employment types/land uses that complement the existing
employment clusters and foster long-term economic growth".
2. The proposed amendment would not be detrimental to the pubic 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 any of the prohibited use twelve categories.
Therefore, the proposed Development Code Amendment serves the public interest and would not
be detrimental to public health, safety, convenience or general welfare.
FINDINGS OF FACT - CONDTIONAL USE PERMIT
1. The proposed use is conditionally permitted within, and complies with applicable provisions
of the Development Code, and would not impair the integrity and character of the subject
zone.
The proposed relocation business would enhance the center and would be a permitted use under
the Commercial General (CG-1) zone, subject to approval of a Conditional Use Permit. The site
is consistent and compatible with existing commercial in the vicinity as noticed in Table 1,
above. The addition of the proposed business in the center would not impair the integrity and
character of the subject zone. The proposed project brings business relocation and retention on
site into conformance with the all applicable provisions of the Development Code, as illustrated
in Table 2 of the staff report.
2. The proposed use is consistent with the General Plan.
Table LU-2 of the City of San Bernardino General Plan Land Use Section describes the
Commercial General(CG-1)zone as allowing "Local and regional serving retail,personal
service, entertainment, office, and related commercial uses." The proposed use, as a relocation
to an existing shopping center is consistent with the nature of commercial uses permitted in the
CG-1 zone. Additionally, it will provide a retail commodity to both local residents in the
surrounding area to the north and west of the project site.
3. Approval of the Conditional Use Permit for the proposed use complies with the requirements
of the California Environmental Quality Act and Section 19.20.030(6) of the Development
Code.
The Development/Environmental Review Committee reviewed the project and determined that it
is exempt from CEQA requirements per §15301 for existing facilities. Additionally, the proposal
is in compliance with the requirements of Section 19.20.030(6) of the Development Code.
4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored.
There are no anticipated negative impacts to environmental quality and/or natural resources. The
project site is already developed, and is located in an urbanized area with commercial uses along
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2nd Street, G Street and Rialto Avenue. The site is adequately services by all required utilities and
public services.
5. The location, size, design, and operating characteristics of the proposed use are compatible
with the existing and future land uses within the general area in which the proposed use is to be
located and will not create significant noise, traffic or other conditions or situations that may be
objectionable or detrimental to other permitted uses in the vicinity or adverse to the public
interest, health, safety, convenience, or welfare of the City.
The location and operating characteristics of the proposed project are consistent with all
provisions of the Development Code, as illustrated in Table 2. The proposal will not create
conditions that may be objectionable or detrimental to other permitted uses in the vicinity
because the proposal is consistent with the CG-1 district, intended for a variety of commercial
zone. Therefore, no conflict or adverse effects on public health, safety or welfare are anticipated
to result from establishment of check cashing store at the subject site.
6. The subject site is physically suitable for the proposed type and density/intensity of use.
The site is physically suitable for the type and density/intensity of the project being proposed as
evidenced by project compliance with all applicable Development Code Standards as noted in
Table 2 above. There are no physical constraints on the site that would limit establishment of the
commercial use as proposed.
7. There are adequate provisions for public access, water, sanitation, and public utilities and
public services to ensure that the proposed use would not be detrimental to public health and
safety.
The developed property is located in an urbanized area, adjacent to a major freeway and
j accessible to a full range of public services and utilities. Establishment of the proposed project
subject to the Conditions of Approval will not be detrimental to public services or public health
and safety.
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 and the Conditional
Use Permit for the proposed establishment of Check Into Cash located at 761 West 2nd Street in
the Commercial General (CG-1) zone satisfies all Findings of Fact required for approval of
Conditional Use Permit 14-09.
RECOMMENDATION
Closed the hearing; and lay over Ordinance for final adoption and approve CUP 14-09, based
upon the Findings of Fact contained in the Planning Commission Staff Report subject to the
Conditions of Approval.
City Attorney Review:
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3266
Supporting Documents:
y Ord 3266 (PDF)
Exhibit A (DOCX)
COA 14-09 Exhibit B(PDF)
Attachment 1 -Zoning Map (DOCX)
Attachment 2 PC staff report.(PDF)
Attachmnet 3 PC Minutes 5.21.2014 (DOCX)
Attachment 4 Display DCA (DOC)
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1 ORDINANCE NO.
2
ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT 14-14, TO AMEND DEVELOPMENT CODE
3 CHAPTER 19.06 (COMMERCIAL DISTRICTS) SECTION 19.06.025 (1) (A) SMOKE
4 SHOPS, SECTION 19.06.025 (2) FOR SHOPPING CENTERS OVER 200,000 SQUARE
FEET OF FLOOR AREA, SUBJECT TO A CONDITIONAL USE, AND APPROVE
5 CONDITIONAL USE PERMIT 14-09 TO RELOCATE AN EXISTING CHECK
CASHING BUSINESS.
6
7 0
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WHEREAS,the current Development Code was initially implemented in 1991; and
8 WHEREAS, the current General Plan was initially implemented in 2005; and E
9 WHEREAS, on May 21, 2013, the Planning Commission of the City of San.
10 Bernardino held a noticed public hearing to consider public testimony and the staff report
11 recommending approval of Development Code Amendment 14-14 and Conditional Use
12 Permit 14-09 to relocate an existing check cashing business located at 721 West 2n1 Street and
0
13 recominended approval of the proposed Development Code Amendment and Conditional Use
14 Permit 14-09 to the Mayor and Common Council; and U
WHEREAS, notice of the public hearing for the Mayor and Common Council's ' 06
15
consideration of the proposed Ordinance was published in The Sun newspaper on May 30,
16 2014.
17
NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
18 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: M
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19 N
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20 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 0
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21 are true and hereby adopt and incorporate them herein.
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SECTION 2. Findings of Fact.
23 a
24 1. The proposed Development Code Amendment would provide for site-specific review
25 of the prohibited uses on a case-by-case basis, subject to approval by the Planning
26 Commission. Additionally, the proposed DCA14-14 would clarify requirements to
27 encourage streamlining process within the City and would ensure that development of
RL 28 certain sites with any of the prohibited use twelve categories would be consistent with the
Packet Pg. 249
I goals, objectives and policies of the General Plan. The proposed amendment maintains land
2 use compatibility, in balance with public convenience and public safety, consistent with the
3 following goals and policies of the General Plan:
4 Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding
5 land uses."
6 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic
7 infill of new development and revitalization of existing development." c
U
8 Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of development, a
land use flexibility and customized site development standards shall be achieved through Q
9 various master planning devices, such as specific plans, planned development zoning and 2
10 creative site planning." o
11 Goal 4.5: "Identify and attract new employment types/land uses that complement the d
existing employment clusters and foster long-term economic growth". a
12
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13 2. Site-specific review of potential safety, zoning, health and land use conflicts by the T
CL
14 Planning Commission will ensure proper review of sites for any of the prohibited use twelve
15 categories. Therefore, the proposed Development Code Amendment serves the public
4
16 interest and would not be detrimental to public health, safety, convenience or general Q
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17 welfare.
18 N
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SECTION 3. Compliance with the California Environmental Quality Act.
19 N
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20
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The Mayor and Common Council finds that Development Code Amendment 14-14
21
and Conditional Use Permit 14-09 will have no significant adverse effect on the environment E
22 and is exempt from the California Environmental Quality Act (CEQA) per Section 15301
23 a
for existing facilities.
24 SECTION 4. Development Code Amendment 14-14, attached hereto as Exhibit A
25 and incorporated herein by reference, is hereby approved.
26
27 SECTION 5. Conditional Use Permit 14-09 is hereby approved.
28
PacketPg.250'
I SECTION 6. - Notice of Determination The Planning Division is hereby directed to
2 file a Notice of Determination with the County Clerk of the County of San Bernardino
3 certifying the City's compliance with California Environmental Quality Act in preparing the
Mitigated Negative Declaration.
4
5 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or
6 clause or phrase in this Ordinance or any part thereof is for any reason held to be
7 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision U
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8 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or
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9 any part thereof. The Mayor and Common Council hereby declares that it would have
10 adopted each section irrespective of the fact that any one or more subsections, subdivisions, o
11 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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S.J.a
I ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
2 DEVELOPMENT CODE AMENDMENT 14-14,TO AMEND DEVELOPMENT CODE
CHAPTER 19.06 (COMMERCIAL DISTRICTS) SECTION 19.06.025 (1) (A) SMOKE
3 SHOPS, SECTION 19.06.025 (2) FOR SHOPPING CENTERS OVER 200,000 SQUARE
4 FEET OF FLOOR AREA, SUBJECT TO A CONDITIONAL USE, AND APPROVE
CONDITIONAL USE PERMIT 14-09 TO RELOCATE AN EXISTING CHECK
5 CASHING BUSINESS.
6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a meeting
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8 thereof, held on the day of , 2014, by the following vote to wit:
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10 Council Members: AYES NAYS ABSTAIN ABSENT o
MARQUEZ C
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BARRIOS
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12 VALDIVIA
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13 SHORETT r
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14 NICKEL
JOHNSON °6
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MULVIHILL 4
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19 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of o
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21 , 2014.
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R. CAREY DAVIS, Mayor
24 Approved as to form: City of San Bernardino
25
Gary D. Saenz, City Attorney
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27 By: -�
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Packet Pg. 252
Exhibit A
Development Code Amendment 14-14
Development Code Section 19.06.025—Prohibited Uses shall be modified to read:
19.06.025 PROHIBITED USES
(1)(A) Smoke Shops and Hookah Lounges - Establishments that either exclusively sell or have
more than ten percent (10%) as ^ substat4 a peFfie (+50%) of their floor area dedicated o
to the display, use, or sale of—, sell cigarettes, cigars, pipes, bongs, tobacco, hookah, e-
cigarettes, and related paraphernalia. E
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(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 200,000 150,000 square feet of floor area and that o
have at least one major commercial-anchor-tenant, and subject to approval of a
Conditional Use Permit pursuant to Development Code Chapter 19.36. E
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ATTACHMENT C
CONDITIONS OF APPROVAL
Conditional Use Permit No. 14-09
1. This approval is to permit establishment of a check cashing facility in the Marshalls
Center, located at 761 West 2nd Street, in the Commercial General (CG-1) zone.
2. Within two years of this approval, the applicant must obtain all necessary building o
permits and commencement of work/construction must have occurred or the v
permit/approval shall become null and void. If after commencement of construction, the
work is discontinued for a period of one year, the permit/approval will become null and a
void. Approval of the Conditional Use Permit does not authorize commencement of —00
construction. All necessary permits must be obtained prior to commencement of
specified construction activities included in the Conditions of Approval. °
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Expiration Date: Two years from the effective date of Development Code
Amendment 14-14. c>
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3. In the event this a pp roval is legally challenged, the City will promptly notify the
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applicant of any claim, action or proceeding and will cooperate fully in the defense of this
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the
06
City of San Bernardino (City), any departments, agencies, divisions, boards or r
commission of either the City as well as predecessors, successors, assigns, agents, 4
directors, elected officials, officers, employees, representatives and attorneys of either the Q
City from any claim, action or proceeding against any of the foregoing persons or
entities. The applicant further agrees to reimburse the City of any costs and attorneys'
fees which the City may be required by a court to pay as a result of such action, but such M
participation shall not relieve applicant of his or her obligation under this condition.
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The costs, salaries, and expenses of the City Attorney and employees of his office shall
be considered as "attorney's fees" for the purpose of this condition. X
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As part of the consideration for issuing this permit, this condition shall remain in effect if o
this Conditional Use Permit is rescinded or revoked, whether or not at the request of
applicant. p
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4. The property owner and property management must be responsible for regular
maintenance of the site. Vandalism, graffiti, trash and other debris must be removed E
within 24 hours. The management must take a photograph of any graffiti and provide it to
the Police Department prior to removing graffiti. Q
5. Any security gates/bars, doors, or window bars must be installed on the inside of the
structure only. Video surveillance equipment installed/used on the exterior must be
painted to match the structures, or treated to blend with existing architecture.
Packet Pg. 254
F1111-11
CUP 14-09
Conditions of Approval
March 21, 2014
C, Page 2
6. The applicant must install exterior lighting that is energy-efficient and shielded or
recessed so that direct glare and reflections are contained within the boundaries of the
parcel. No lighting shall blink/flash, or be of unusually high intensity or brightness.
Security lighting must be provided at all entrances/exits.
7. Signs are not approved as a part of this permit. Prior to establishing any new signs, the v
applicant must submit an application for approval by the Planning Division. U
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ATTACHMENT A - ZONING MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT. CUP 14-09
NORTH
LOCATION MAP
HEARING DATE: 611612014
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AGENDA ITEM # 7
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment 14-14 and Conditional Use Permit 14-09
HEARING DATE: May 21, 2014 a
WARD: 1-Conditional Use Permit/DCA-Citywide U
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OWNER/APPLICANT: a
Marshall JKS Plaza, LLC 0
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4727 Wilshire Blvd. No. 610 >
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Los Angeles, CA 90010 °
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323.525.1515 =
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REQUEST/LOCATION:
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A City-initiated request to amend Development Code Chapter 19.06 (Commercial Districts) 06
Section 19.060.25 (1)(A) Smoke Shops, Section 19.060.25(2) for shopping centers over 200,000
square feet and Conditional Use Permit (CUP) 14-09 to relocate an existing check cashing
business. The site subject for CUP 14-09 is located at 761 West 2°d Street, in the Commercial
General (CG-1) zone. n
Assessor Parcel Number: 0134-337-01, 02, 03, 04, 05, 06, 07, 08 and 09 for CUP 14-09 M
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CONSTRAINTS/OVERLAYS: C
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None N
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ENVIRONMENTAL FINDINGS: c
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❑ Not Subject to CEQA
® Exempt from CEQA, Section 15301 —Existing Facilities a
❑ No Significant Effects r
❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
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STAFF RECOMMENDATION: a
® Recommend Mayor and Council Approval
❑ Conditions
❑ Denial
❑ Continuance to:
Packet Pg. 257
Hearing Date: 05.21.2014
DCA14-14 and CUP14-09
Page 2
PROJECT DESCRIPTION
The applicants request the following:
• To amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.025
(1) (A) Smoke Shops, to modify floor area from+50% floor area to 10% floor area.
• To amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.025 0
U
(2), to modify the size of a shopping center or mall containing over 200,000 square feet
of floor area to 150,000 square feet of floor area, subject to approval of a Conditional Use E
Permit. 0.
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• Conditional Use Permit to permit an existing check cashing facility to relocate from 690 >
W .4t' Street to 761 W. 2n Street, in the Commercial General (CG-1) zone (Attachment o
A). c
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DCA 14-14: a
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The purpose of the proposed Development Code Amendment(DCA) is twofold: Iq
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1) To amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.025 (1)
Oa
(A) Smoke Shops, to modify floor area from +50% floor area to 10% floor area. The proposed
r
amendment would clarify the floor area to make it more user-friendly for staff and the
community as a whole. q
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2) To amend Development Code Chapter 19.06 (Commercial Districts) Section 19.06.025 (2), to
modify"the size of a shopping center or mall containing over 200,000 square feet of floor area... N
to a shopping center or mall containing 150,000 square feet of floor area.... , subject to approval
of a Conditional Use Permit. o
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CUP 14-09:
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The applicant is requesting that this application, which is a companion application to DCA 14-14 a
proposes to modify Section 19.06.025 (2), to reduce the size of a shopping center or mall
containing over 200,000 square feet requirements in order permit a relocation of an existing d
check cashing business from a shopping center to another shopping center, subject to approval of E
a Conditional Use Permit. a
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SETTING/SITE CHARACTERISTICS
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The project site is approximately nine acres and is part of an existing 124,737-square foot
shopping center constructed in 1985. Table 2, below, provides a comparison of the project site a
with the land uses of the surrounding properties.
Packet Pg. 258
Hearing Date: 05.21.2014
DCA14-14 and CUP14-09
Page 3
TABLE 1: LAND USE CHARACTERISTICS
LOCATION EXISTING LAND USE ZONING GENERAL PLAN
Site Shopping Center Commercial General (CG-1) Commercial
North Auto Dealership Commercial Regional Malls Commercial
(CR-1)
South Commercial Buildings Central City South(CCS-1) Commercial 0
East Multi-tenant Commercial Commercial General (CG-1) Commercial =
Center 0
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West I-215 Off-ramp CALTRANS CALTRANS o
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BACKGROUND
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• March 2, 1985 — Permit issued to construct a 92,238-square foot shopping center on a a
nine acre site located at the southeast corner of"G" and 2nd Streets. c
• November 21, 1988 — A Certificate of Occupancy was issued for a jewelry store at 761
W 2nd Street. D
• February 24, 2000 — Development Permit Type I 00-004 was approved to establish a
church at 761 W. 2nd Street.
• February 3, 2004—JKS Marshall Plaza, LLC acquired the subject site. v
• May 15, 2014 - Conditional Use Permit 14-10 was reviewed by the Development/ a
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Environmental Review Committee and the item was moved to the Planning Commission o
for consideration. <c
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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
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The Development/Environmental Review Committee (D/ERC) reviewed the proposal on March L
6, 2014 and determined that the project is exempt from environmental review pursuant to CEQA a
Section 15301 for Existing Facilities. The project was moved to Planning Commission for v
consideration. A
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ANALYSIS
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Development Code Amendment:
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Development Code Section 19.06.025 sets forth the list of prohibited uses. There are twelve
categories of commercial uses that are prohibited by Section 19.06.025 of the Development E
Code. Smoke Shops and Check-cashing and Loan 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.
Packet Pg. 259
Hearing Date: 05.21.2014
DCA14-14 and CUP14-09
Page 4
Staff has received inquiries regarding modifications to Development Code Section 19.06.025,
Prohibited Uses. Therefore, pursuant to requests by Council Member Marquez and two separate
parties, Development Code Section 19.06.025 would be modified to read as follows:
19.06.025 PROHIBITED USES
d
(1)(A) Smoke Shops and Hookah Lounges—Establishments that either exclusively sell or have U
more than ten percent (10%) ° of their floor area
dedicated to the display, use, or sale of-,-,ell cigarettes, cigars, pipes, bongs, tobacco, E
hookah,e-cigarettes,and related paraphernalia. o
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(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 200,000 150,000 square feet of floor area and
that have at least one major commercial-anchor-tenant, and subject to approval of a
Conditional Use Permit pursuant to Development Code Chapter 19.36. Q
a)
9
The subject code amendment will modify exceptions specific to prohibited uses that will allow a
them in a shopping center containing 150,000 square feet of floor area, subject to approval of a v
Conditional Use Permit. The subject code amendment will grant the Planning Commission the
authority to review individual proposals for prohibited uses through site-specific analysis on a v
case-by-case basis, consistent with Development Code Section 19.31, Table 19.31.01, with
a recommendations from staff. Site-specific Conditional Use Permit review will provide for a
analysis of potential conflicts with surrounding land uses to ensure land use compatibility and
consistency with goals, objectives and policies of the General Plan. N
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CUP 13-25:
0
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The proposed Check Into Cash is a brand name chain store with hundreds of stores located in ,
various centers and malls across the states. The project site is located in the Commercial General N
(CG-1) zone, which would permit the establishment of a check cashing facility, subject to a
approval of a Conditional Use Permit. The proposed project would occupy an existing vacant N
building in an existing shopping center that would benefit nearby residential and downtown
commercial office areas to the north, west and east of the project site. The proposed business t
would be open seven days a week from 8:00 a.m. to 10:00 p.m., Monday through Sunday.
Q
The existing building, which has been well maintained despite recent vacancy, will include
minor storefront exterior modifications to accompany the new commercial use. The proposed
center provides for loading, parking, and pedestrian access required to serve the site. The
following site design analysis illustrates compatibility of the project with the Development Code Q
as shown in Table 2:
Packet Pg. 260
Hearing Date: 05.21.2014
DCA14-14 and CUP14-09
Page 5
TABLE 2: DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY
CATEGORY PROPOSAL/EXISTING DEVELOPMENT GENERAL
CODE PLAN
Permitted Use Check Cashing Facility Shopping Center Consistent
150,000 square feet 0
Floor Area, Subject
to CUP
a
Height 20 feet / 1 story 30 ft. /2 stories max. N/A
v
0
Setbacks
-Front 445 feet(Existing) 10 feet min. N/A
- Side 0 feet(Existing) 0 feet min. a
- Street Side 5 feet(*) (Existing) 15 feet min. o
-Rear 55 feet(Existing) 10 feet min.
a
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Lot Coverage 32 % 50 %max. U
N/A
Landscaping 14 % (**) (Existing) 15 % N/A r
(29,069 sq. ft.) v
Parking 42 stalls 42 stalls N/A
N
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*Structures are existing. Setbacks are based on the minimum setback existing on-site.
**Indicates legal non-conforming status. a
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Parking: The site plan provides parking spaces at a ratio of one stall per 250 square feet of gross v
floor area. This will allow the proposed building to be occupied by a wide variety of retail a
commercial uses, including check cashing facilities. Section 19.24.040 of the Development Code N
requires a minimum of 42 parking spaces for this project, and the shopping center's 630 stalls
will meet this requirement. E
v
Landscaping: The existing landscape plan provides 14% (29,069 square feet) coverage of on-site a
landscaping,whereas 15%is required. However, Development Code Section 19.62.020 (8) c
provides for re-use of existing/non-conforming projects. The subject building is not being E
expanded and therefore it does not result in the requirement that additional landscaping be added.
r
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Packet Pg. 261
Hearing Date: 05.21.2014
DCA14-14 and CUP14-09
Page 6
FINDINGS OF FACT—DEVELOPMENT CODE AMENDMENT
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would provide for site-specific review of the
prohibited uses on a case-by-case basis, subject to approval by the Planning Commission. d
Additionally, the proposed DCA14-14 would clarify requirements to encourage streamlining v
process within the City and would ensure that development of certain sites with any of the
prohibited use twelve categories would be consistent with the goals, objectives and policies of E
the General Plan. The proposed amendment maintains land use compatibility, in balance with a
0
public convenience and public safety, consistent with the following goals and policies of the
General Plan: o
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Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land E
uses." a
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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." n-
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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 Q
planning." o
Goal 4.5: "Identify and attract new employment types/land uses that complement the existing N
employment clusters and foster long-term economic growth".
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2. The proposed amendment would not be detrimental to the pubic interest, health, safety,
convenience or welfare of the City. ,
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Site-specific review of potential safety, zoning, health and land use conflicts by the Planning a
Commission will ensure proper review of sites for any of the prohibited use twelve categories. N
Therefore, the proposed Development Code Amendment serves the public interest and would not
be detrimental to public health, safety, convenience or general welfare. s
FINDINGS OF FACT—CONDTIONAL USE PERMIT a
1. The proposed use is conditionally permitted within, and complies with applicable provisions
of the Development Code, and would not impair the integrity and character of the subject
zone.
Q
The proposed relocation business would enhance the center and would be a permitted use under
the Commercial General (CG-1) zone, subject to approval of a Conditional Use Permit. The site
is consistent and compatible with existing commercial in the vicinity as noticed in Table 1,
above. The addition of the proposed business in the center would not impair the integrity and
character of the subject zone. The proposed project brings business relocation and retention on
Packet Pg. 262
Hearing Date: 05.21.2014 .
DCA14-14 and CUP14-09
Page 7
site into conformance with the all applicable provisions of the Development Code, as illustrated
in Table 2 of the staff report.
2. The proposed use is consistent with the General Plan.
Table LU-2 of the City of San Bernardino General Plan Land Use Section describes the
Commercial General (CG-1) zone as allowing "Local and regional serving retail, personal d
service, entertainment, office, and related commercial uses." The proposed use, as a relocation to 0
an existing shopping center is consistent with the nature of commercial uses permitted in the CG-
1 zone. Additionally, it will provide a retail commodity to both local residents in the surrounding
area to the north and west of the project site. o
d
3. Approval of the Conditional Use Permit for the proposed use complies with the requirements o
of the California Environmental Quality Act and Section 19.20.030(6) of the Development =
Code.
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The Development/Environmental Review Committee reviewed the project and determined that it
is exempt from CEQA requirements per §15301 for existing facilities. Additionally, the proposal
is in compliance with the requirements of Section 19.20.030(6) of the Development Code. +�
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4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored.
There are no anticipated negative impacts to environmental quality and/or natural resources. The o
project site is already developed, and is located in an urbanized area with commercial uses along
2 Street, G Street and Rialto Avenue. The site is adequately services by all required utilities and N
public services.
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5. The location, size, design, and operating characteristics of the proposed use are compatible
with the existing and future land uses within the general area in which the proposed use is to be
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located and will not create significant noise, traffic or other conditions or situations that may be
objectionable or detrimental to other permitted uses in the vicinity or adverse to the public a
interest, health, safety, convenience, or welfare of the City. cv
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The location and operating characteristics of the proposed project are consistent with all s
provisions of the Development Code, as illustrated in Table 2. The proposal will not create
conditions that may be objectionable or detrimental to other permitted uses in the vicinity a
because the proposal is consistent with the CG-1 district, intended for a variety of commercial
zone. Therefore, no conflict or adverse effects on public health, safety or welfare are anticipated
to result from establishment of check cashing store at the subject site.
6. The subject site is physically suitable for the proposed type and density/intensity of use. Q
The site is physically suitable for the type and density/intensity of the project being proposed as
evidenced by project compliance with all applicable Development Code Standards as noted in
Table 2 above. There are no physical constraints on the site that would limit establishment of the
�Wl commercial use as proposed.
Packet Pg. 263
5.J.e
Hearing Date: 05.21.2014
DCA14-14 and CUP]4-09
Page 8
7. There are adequate provisions for public access, water, sanitation, and public utilities and
public services to ensure that the proposed use would not be detrimental to public health and
safety.
The developed property is located in an urbanized area, adjacent to a major freeway and
accessible to a full range of public services and utilities. Establishment of the proposed project
subject to the Conditions of Approval will not be detrimental to public services or public health
and safety. v
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CONCLUSION o
d
The proposed Development Code Amendment is consistent with the General Plan and would o
serve the public interest, as supported by the Findings of Fact for approval and the Conditional
Use Permit for the proposed establishment of Check Into Cash located at 761 West 2r'd Street in
the Commercial General (CG-1) zone satisfies all Findings of Fact required for approval of Q
Conditional Use Permit 14-09. o
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RECOMMENDATION a.
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Staff recommends that the Planning Commission recommend approval of Development Code 06
Amendment 14-14 and Conditional Use Permit 14-09 to the Mayor and Common Council, based r
on the Findings of Fact contained in this staff report, and subject to the Conditions of Approval a
(Attachment Q. v
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Oon tfully Submitted,
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Senior Planner
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Approved for Distribution: Y
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Mark Persico, AICP
Interim Community Development Director
Attachment A—Location/Aerial Map
Attachment B—Site Plan, Floor Plan and Elevations for CUP 14-09
Attachment C—Conditions of Approval for CUP 14-09
Packet Pg.264
ATTACHMENT A - AERIAL MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: CUP 14-09
LOCATION MAP NORTH
HEARING DATE: 512112014
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ATTACHMENT A — ZONING MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: CUP 14-09
LOCATION MAP NORTH
HEARING DATE. 512112014
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ATTACHMENT C
CONDITIONS OF APPROVAL
3 Conditional Use Permit No. 14-09
1. This approval is to permit establishment of a check cashing facility in the Marshalls
Center, located at 761 West 2nd Street, in the Commercial General (CG-1) zone.
0
2. Within two years of this approval, the applicant must obtain all necessary building
permits and commencement of work/construction must have occurred or the
permit/approval shall become null and void. If after commencement of construction, the o
work is discontinued for a period of one year, the permit/approval will become null and
void. Approval of the Conditional Use Permit does not authorize commencement of
construction. All necessary permits must be obtained prior to commencement of
specified construction activities included in the Conditions of Approval. CD
Expiration Date: Two years from the effective date of Development Code o
Amendment 14-14.
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3. In the event this approval is legally challenged, the City will promptly notify the U
applicant of any claim, action or proceeding and will cooperate fully in the defense of this 06
matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the
City of San Bernardino (City), any departments, agencies, divisions, boards or
commission of either the City as well as predecessors, successors, assigns, agents, 0
directors, elected officials, officers, employees, representatives and attorneys of either the
City from any claim, action or proceeding against any of the foregoing persons or
entities. The applicant further agrees to reimburse the City of any costs and attorneys' M
fees which the City may be required by a court to pay as a result of such action, but such L
participation shall not relieve applicant of his or her obligation under this condition. C
L
The costs, salaries, and expenses of the City Attorney and employees of his office shall
be considered as "attorney's fees" for the purpose of this condition. N
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As part of the consideration for issuing this permit, this condition shall remain in effect if
this Conditional Use Permit is rescinded or revoked, whether or not at the request of
applicant. L
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4. The property owner and property management must be responsible for regular Q
maintenance of the site. Vandalism, graffiti, trash and other debris must be removed
within 24 hours. The management must take a photograph of any graffiti and provide it to E
the Police Department prior to removing graffiti. U
5. Any security gates/bars, doors, or window bars must be installed on the inside of the
structure only. Video surveillance equipment installed/used on the exterior must be
painted to match the structures, or treated to blend with existing architecture.
Packet Pg. 270
CUP 14-09
Conditions of Approval
March 21, 2014
Page 2
6. The applicant must install exterior lighting that is energy-efficient and shielded or
recessed so that direct glare and reflections are contained within the boundaries of the
parcel. No lighting shall blink/flash, or be of unusually high intensity or brightness.
Security lighting must be provided at all entrances/exits.
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7. Signs are not approved as a part of this permit. Prior to establishing any new signs, the ci
applicant must submit an application for approval by the Planning Division.
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Larry Heasley,Chair
Lance Durr,Vice-Chair
Andrew Mace
Amelia S.Loppez z CITY OF SAN BERNARDINO
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Frederick Grochulski
r A. Dustin Barnhardt COMMUNITY DEVELOPMENT DEPARTMENT
Kent Paxton
Casey Dailey 300 North "D"Street, San Bernardino, California 92418
Michael Thomas Phone:(909)384-505715071 • Fax:(909)384-5080
Bob Brown,Alt.
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PLANNING COMMISSION MINUTES
May 21, 2014 E
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MINUTES OF APRIL 16, 2014 >
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CONDITIONAL USE PERMIT 14-01 c
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TENTATIVE PARCEL MAP 19533 (SUBDIVISION 14-08) AND CONDITIONAL USE Q
PERMIT 14-10 0
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CONDITIONAL USE PERMIT 13-12
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CONDITIONAL USE PERMIT 14-02
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DEVELOPMENT CODE AMENDMENT 14-13
DEVELOPMENT CODE AMENDMENT 14-14 AND CONDITIONAL USE PERMIT 14-09
DEVELOPMENT CODE AMENDMENT 14-15
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7. DEVELOPMENT CODE AMENDMENT 14-14 AND CONDITIONAL USE
PERMIT 14-09 - A request to amend Development Code Section 19.06.025(2)
reducing the minimum shopping center size to 150,000 square feet and a Conditional
Use Permit to allow the relocation of a checking cashing business to an existing
shopping center at 761 W. 2nd Street.
v
Environmental Determination: Exempt from CEQA — Section 15301 Existing v
Facilities y
Applicant: City of San Bernardino
APNs: 0134-337-01, 02, 03, 04, 05, CL
06, 07, 08 and 09 for CUP14-09
Ward: 1 —CUP 14-09 and DCA-ALL
Recommended Motion: Staff recommends that the Planning Commission
recommend approval of Development Code Amendment 14-14 and Conditional Use ¢
Permit 14-09 to the Mayor and Common Council, based on the Findings of Fact o
contained in the staff report, and subject to the Conditions of Approval. d
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Mark Persico, Interim Community Development Director, gave a brief presentation of
the project.
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Commissioner Paxton referenced a triple homicide at a Hookah Lounge here in San
Bernardino. He asked if this would allow us to place conditions on those establishments, like
times of operation. N
M
Mark Persico, Interim Community Development Director said yes, that is correct. He
said it was unfortunate what had just happened,but our Development Code does not regulate N
Hookah Lounges at all which is why they are able to operate the way they are. N
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Commissioner Paxton said that the San Bernardino Coalition showed concern about certain
drugs being sold, and asked if product sales would be something to be regulated by this.
Mark Persico, Interim Community Development Director said yes, that is correct.
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Chair Heasley asked if the Medical Marijuana stores could be included in this as well. E
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Mark Persico, Interim Community Development Director, said although preferred, that Q
would be subject to the City Attorney as it becomes a complicated issue.
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Donn Dimichele, Deputy City Attorney, stated that the Medical Marijuana stores are
prohibited no matter what.
Mark Persico, Interim Community Development Director, spoke briefly on Conditional
Use Permit 14-09.
¢s„ Commissioner Lopez asked about the smoke shops and if it applied to new applicants or
Packet Pg. 273
current applicants to reduce from 50% down to 10% sales.
Senior Planner Aron Liang said that it would be for current and new applicants. It would
not affect already established businesses.
Commissioner Lopez asked if we reduce from the 200,000sgft to the 150,000sgft, then the
uses that were prohibited including the smoke shops,would be able to apply. 0
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Mark Persico, Interim Community Development Director stated that managers of E
shopping centers that are over 150,000sgft don't want smoke shops or vape stores in their o
shopping centers.
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Commissioner Lopez said there is a smoke shop by the Ralph's Grocery Store on University
Avenue. E
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Senior Planner Aron Liang stated that Commissioner Lopez was correct, but that particular o
smoke shop has been there prior to out prohibited uses list.
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Commissioner Lopez said that it just address the comment that most shopping centers don't U
want smoke shops.
T
4
Mark Persico, Interim Community Development Director, said that they would just be a
subject to a Conditional Use Permit and if they are allowed to sign the lease for that location. o
Commissioner Lopez said she has no interest in opening flood gates on this topic. N
M
Senior Planner Aron Liang stated that it would be up to the Planning Commission to c
approve or deny the applications. <`!
LO
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N
Commissioner Machen asked Mark Persico, Interim Community Development Director to
complete a statement he had started but not finished regarding the large shopping centers.
Mark Persico, Interim Community Development Director, he said based off of what they U
had heard from professional property managers,most of them don't want smoke shops within M
their shopping centers. They mentioned that it would attract nuisance to the property.
E
Commissioner Dailey made a motion to recommend approval of Development Code
Amendment 14-14 and Conditional Use Permit 14-09 to the Mayor and Common Council, Q
based on the Findings of Fact contained in the staff report, and subject to the Conditions of
Approval.
Commissioner Machen seconded the motion. r
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The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Grochulski,
Barnhardt, Paxton, Dailey, Thomas. Nays: None. Abstain: None. Excused: Brown. Absent:
None.
Packet Pg. 274
ADJOURNMENT
Commissioner Dailey made a motion which was unanimously carried, to adjourn the Planning
Commission meeting at 10:00 p.m. The next regular meeting was scheduled for Wednesday,
June 21, 2013 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San
Bernardino, California.
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Minutes Adopted by Planning Commissioners:
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Date Approved: °
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Minutes Prepared by: >�
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Stephanie Sanchez
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Packet Pg. 275
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Mayor and Common council of the City of San Bernardino will hold a public hearing on
Monday,June 16,2014, at 4:00 p.m. or thereafter in the Council Chambers, City Hall,300 North"D" Street, San
Bernardino,California 92418,on the following item:
DEVELOPMENT CODE AMENDMENT 14-13 - A City-initiated request to amend Development Code Section
19.19A.060, Permitted and Conditionally Permitted Uses in the Transit District (TD) Overlay Zone, to allow use
exceptions under certain circumstances.
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Proposed by: City of San Bernardino
Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3) U
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DEVELOPMENT CODE AMENDMENT 14-14 AND CONDITIONAL USE PERMIT 14-09—A City-initiated o
request to amend Development Code Chapter 19.06(Commercial Districts)Section 19.060.25 (1)(A)Smoke Shops,
Section 19.060.25(2)for shopping centers over 200,000 square feet and Conditional Use Permit(CUP)14-09 to relocate v
an existing check cashing business. The site subject for CUP 14-09 is located at 761 West 2°d Street,in the Commercial
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General(CG-1)zone.
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Proposed by: City of San Bernardino G
Environmental Recommendation: Exempt from CEQA—Section 15301 —Existing Facilities o
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DEVELOPMENT CODE AMENDMENT 14-15 -A City-initiated request to amend Development Code Chapter U
19.19A.020(Figure 10)and the City's Zoning Map to add certain parcels at 133 S.E Street to the TD Overlay. 06
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Proposed by: City of San Bernardino
Environmental Recommendation: Exempt from CEQA—Section 15301 —Existing Facilities Q
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The City of San Bernardino welcomes your participation in evaluating these items.The Mayor and Common Council will
review the proposal and will consider the proposed environmental determination in making a decision.The public is
welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please M
contact the Community Development Department at City Hall,or by phone at(909)384-5057.
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If you challenge the resultant action of the Mayor and Common Council in court,you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to
the City Planning Division at,or prior to,the public hearing.
Submitted: May 27,2014
Publish: May 30,2014(minimum 1/8 Page Ad) s
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Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez stephanie @,sbcity.org. Q
Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North
"D"Street,San Bernardino,CA 92418
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Packet Pg. 276