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HomeMy WebLinkAbout05.G- Community Development 5.G ORDINANCE (ID# 1209) DOC ID: 1209 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 11/07/2011 Prepared by: Shirley Robinson, (909) 384- 5057 Dept: Community Development Ward(s): All Subject: Ordinance of the City of San Bernardino Amending Section 19.06.025 "Prohibited Uses" of the Municipal Code (Development Code) to Permit Single-Price Overstock/Discount Stores, Self- Service Laundry Facilities and Party Supply Stores Meeting Minimum Floor Area Standards in Commercial Land Use Districts Subject to a Conditional Use Permit. Financial Impact: No Cost to the City Motion: That said ordinance be adopted. Synopsis of Previous Council Action: 06/20/11 Mayor and Common Council referred DCA 11-05, the proposal to amend discount store and self-service laundry regulations,to the Legislative Review Committee(LRC). 08/02/11 LRC reviewed DCA 11-05,regarding discount stores and self-service laundries,and continued the matter for further analysis by staff and consultation with the City Attorney's office. 09/06/11 LRC reviewed DCA 11-05 and DCA 11-09, regarding party supply stores, and recommended approval with revised floor area requirements. Background: Development Code Amendment (DCA) 11-05: On May 25, 2011, the Planning Commission held a public hearing to consider a proposed amendment to Section 19.06.025 "Prohibited Uses" of the Development Code. Staff recommended modification of Sections 19.06.025 (1) (B) and 19.06.025 (1) (J) to permit single-price overstock/discount stores with a minimum floor area of 8,500 sq. ft. and self-service laundry facilities in commercial land use districts, subject to a Conditional Use Permit (CUP). The Planning Commission voted 6 to 1 in favor of recommending approval of DCA 11-05. Commissioners Calero, Eble, Heasley, Machen, Mulvihill and Sauerbrun voted in favor of the motion and Commissioner Coute voted no. Commissioner Duff abstained and Commissioner Rawls was absent. Development Code Amendment(DCA) 11-09: On August 24, 2011, the Planning Commission held a public hearing to consider another proposed amendment to Section 19.06.025 "Prohibited Uses" of the Development Code. DCA 11-09 was presented to the Planning Commission with a toe recommendation to amend Section 19.06.025 (1) (L) to permit party supply stores in single- Updated: 11/3/2011 by Mayra Ochiqui C Packet Pg. 88 1209 tenant buildings of at least 8,500 sq. ft. or in spaces of at least 2,500 sq. ft. in multi-tenant centers of at least 20,000 sq. ft., subject to a CUP. The Planning Commission voted unanimously to recommend approval of DCA 11-09,with all members present. LRC Review of DCA 11-05 on 8/2/11: The LRC considered DCA I1-05, a proposal to permit discount stores with a minimum floor area of 8,500 sq. ft. and self-service laundries with no specified floor area, subject to a CUP. Chair Marquez and Council Member Shorett were present. Commercial property owners/managers interested in accommodating discount stores and self- service laundries addressed the LRC to recommend approval. Staff recommended approval of DCA 11-05, stressing the control of the CUP review process,which allows discretion in approval or denial of each proposal, on a case-by-case basis, based on site-specific conditions and subject to conditions of approval specific to each application. The City Attorney's office raised a concern about including more objective criteria for exceptions to the provisions of Section 19.06.025. The LRC continued the item and directed staff to meet with the City Attorney staff and return with final recommendations. LRC Review of DCA 11-05 and DCA 11-09 on 9/6/11: Chair Marquez and Council Member Mc Cammack were present to review final recommendations on DCA 11-05, the proposal to amend Prohibited Uses regulations to permit certain discount store proposals and self-service laundry facilities subject to a CUP. Staff recommended additional criteria for acceptance of a CUP application, based on minimum floor areas. Staff also presented DCA 11-09, with similar criteria recommended to permit party supply stores subject to a CUP. The LRC members expressed concerns about enforcement of the conditions of the CUP approval, and staff informed the LRC of a new program of annual inspections by the Code Enforcement Division to ensure compliance with CUP conditions of approval. After hearing comments from developers and representatives of some affected businesses seeking locations in the city, the LRC recommended approval of both DCA proposals, with the following revised floor area requirements, which have been incorporated in the proposed Ordinance: Business Type Minimum floor area in Minimum floor area in Minimum size of single-tenant building multi-tenant center multi-tenant center Single-price overstock/ 9,000 sq. ft. 9,000 sq. ft. Not specified discount store. Self-service laundry N/A Not specified 20,000 sq. ft. (multi-tenant only) Party supply store 10,000 sq. ft. 2,500 sq. ft. 20,000 sq. ft. In discussions with the City Attorney's Office, the definition of discount stores has been amended as is shown on the attached ordinance. 3 Public Hearing Notice: Notice of the public hearing of this item was published in a 1/8 page advertisement in the San Bernardino County Sun on September 23, 2011. The hearing notice and the proposed Ordinance incorporate the amendments of both Development Code amendment proposals,DCA 11-05 and DCA 11-09. 3 Updated: 11/3/2011 by Mayra Ochiqui C Packet Pg. 89 5.G 1209 California Environmental Quality Act (CEQA) Compliance: The proposed Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines, because no direct or reasonably foreseeable indirect physical change in the environment would result from its adoption. City Attorney Review: Decline to sign as contrary to current City ordinances and current Council policy. Supporting Documents: Ordinance DCA 11-05 & 09 (PDF) Attachment 2 (PDF) Attachment 3 (PDF) Exhibit a- 10/3/11 Council Meeting (PDF) Exhibit a- Updated Information for 10/17/11 Council Meeting (PDF) t Pg.90 Updated: 11/3/2011 by Mayra Ochiqui C Packe ; I ORDINANCE NO. 2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AMENDING SECTION 19.06.025 "PROHIBITED USES" OF THE MUNICIPAL CODE (DEVELOPMENT CODE) TO PERMIT SINGLE-PRICE 4 OVERSTOCK/DISCOUNT STORES, SELF-SERVICE LAUNDRY FACILITIES AND PARTY SUPPLY STORES MEETING MINIMUM FLOOR AREA STANDARDS IN COMMERCIAL 5 LAND USE DISTRICTS SUBJECT TO A CONDITIONAL USE PERMIT. 0 6 U it WHEREAS, on October 2, 2006, the Mayor and Common Council adopted Ordinance No. MC- .2- _ 8 1233, adding Section 19.06.025 "Prohibited Uses" to the Municipal Code (Development Code) to a� 9 prohibit various uses that were found to cause or contribute to adverse effects in commercial land use r 0 10 districts, including crime, nuisance activities, illegal signage and poor property maintenance; and U) U) WHEREAS, single-price overstock/discount stores, self-service laundry facilities and party 11 d r 12 supply stores are among the uses prohibited with certain exceptions pursuant to Section 19.06.025; and 0 13 WHEREAS, there is a demand to establish single-price overstock/discount stores, self-service a` 14 laundry facilities and party supply stores in the city in locations where such uses are currently prohibited N 15 by Section 19.06.025; and 16 WHEREAS, amendment of subsections 19.06.025(1)(B), 19.06.025(1)(J) and 19.06.025(1)(L) of .2 17 the Development Code could provide for single-price overstock/discount stores, self-service laundry 18 facilities and party supply stores meeting certain floor area standards to be permitted subject to site- 19 specific review and findings for approval of a Conditional Use Permit, so that adverse impacts from the c 20 subject land uses would be avoided; and v 21 WHEREAS, on May 25, 2011 and on August 24, 2011, the Planning Commission of the City of c 22 San Bernardino held noticed public hearings to consider public testimony and staff reports c =a 23 recommending proposed amendments to the City Development Code to permit single-price O w 24 overstock/discount stores, self-service laundry facilities and party supply stores subject to approval of a E s 25 Conditional Use Permit, and recommended that the Mayor and Common Council adopt the amendments a 26 as proposed; and 27 WHEREAS, on September 6, 2011, the Legislative Review Committee of the Common Council 28 reviewed the Planning Commission recommendation and recommended approval, with revisions to the recommended floor area criteria; and 1 Packet',Pg.91 5.G.a I WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of 2 the proposed Ordinance was published in The Sun newspaper on September 23, 2011; 3 4 NOW THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 d O 6 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and a 7 hereby adopts and incorporates them herein. c 8 � SECTION 2. Findings of Fact. ��, 9 O U) 10 A. The Ordinance amending the Development Code is consistent with the General Plan of N D 11 the City of San Bernardino. The proposed Ordinance would provide for review and approval of single- Y 12 price overstock/discount stores, self-service laundry facilities, and party supply stores on a case-by-case O 13 basis under the Conditional Use Permit review process, with conditions of approval that would ensure a` 14 compatibility with surrounding land uses, consistent with the following General Plan goals and policies: N 15 Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land o 16 y uses." (D 17 W u Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill o 18 06 of new development and revitalization of existing development." c 19 r Policy 2.2.10: "The protection of the quality of life shall take precedence during the review of a 20 U new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of ° 21 v projects that result in impacts that outweigh benefits to the public." 22 Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of development, land 0 23 use flexibility and customized site development standards shall be achieved through various 24 E master planning devices, such as specific plans, planned development zoning and creative site 0 25 Z planning." a 26 27 B. The proposed Ordinance amending the Development Code will not be detrimental to the 2s public interest, health, safety, convenience or welfare of the City. Site-specific review and consideration 2 Packet Pg.92 5.G.a I of Conditional Use Permit applications by the Planning Commission will ensure that approval of single- t price overstock/discount stores, self-service laundry facilities and party supply stores will not create 3 nuisance conditions or degrade the appearance of commercial districts where they may be located. 4 Therefore, the proposed Development Code amendment serves the public interest and would not be 5 detrimental to public health, safety, convenience or general welfare. 0 6 SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.06.025 v CL 7 "Prohibited Uses" is hereby amended to read as shown on Exhibit A, attached hereto and incorporated Z 0 8 herein by reference. d 9 SECTION 4. Compliance with the California Environmental Quality Act: The Mayor and o N 10 Common Council finds that the proposed Ordinance amending Section 19.06.020 of the Municipal Code 11 (Development Code) is exempt from the California Environmental Quality Act (CEQA) pursuant to cD 12 Section 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably E L 0. 13 foreseeable indirect physical change in the environment. 0 14 N SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase 15 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective o 16 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the ' 17 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 0 18 declares that it would have adopted each section irrespective of the fact that any one or more ca Lo 19 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 20 ineffective. a v 0 21 22 L 0 23 c a> 24 E s v 25 ca Q 26 27 28 3 Packet Pg.93 5.G.a I AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AMENDING SECTION 19.06.025 "PROHIBITED USES" OF THE 3 MUNICIPAL CODE (DEVELOPMENT CODE) TO PERMIT SINGLE-PRICE 4 OVERSTOCK/DISCOUNT STORES, SELF-SERVICE LAUNDRY FACILITIES AND PARTY 5 SUPPLY STORES MEETING MINIMUM FLOOR AREA STANDARDS IN COMMERCIAL 6 LAND USE DISTRICTS SUBJECT TO A CONDITIONAL USE PERMIT. 0 70 0. 7 .2 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 8 2 W 9 Common Council of the City of San Bernardino at a meeting thereof, held on the day r 0 10 of , 2011,by the following vote to wit: N 11 Council Members: AYES NAYS ABSTAIN ABSENT ' B 12 MARQUEZ a 13 as 14 JENKINS N r 15 BRINKER r c 0 16 SHORETT > m 17 W KELLEY rn 0 18 19 JOHNSON 0 20 MC CAMMACK a U 21 v c ca 22 Rachel Clark, City Clerk 2 23 0 The foregoing Ordinance is hereby approved this day of , 2011. _ a� 24 E t v 25 PATRICK J. MORRIS, Mayor Q 26 Approved as to form: City of San Bernardino 27 JAMES F. PENMAN 28 City Attorney 4 Packet'Pg.94' yam_ ATTACHMENT 2 CITY OF SAN BERNARDINO Community Development Department—Planning Division Interoffice Memorandum TO: Legislative Review Committee FROM: Terri Rahhal,City Planner SUBJECT: Amendment of Development Code Section 19.06.025,Prohibited Uses, to permit single-price overstock/discount stores with a minimum floor area of 8,500 sq. ft. and self-service laundry facilities in commercial land use districts subject to a conditional use permit(DCA 11-05). o U DATE: September 6, 2011 a .2 COPIES: Andrea Travis-Miller,Assistant City Manager; M.Margo Wheeler,Community Development Director, Henry Empeilo,Jr., Senior Deputy City Attorney d s r 4- 0 Background; N a� Development Code Amendment (DCA) 11-05, a proposal to amend Sections 19.06.025(B) and 19.06.025(J) to permit single-price overstock/discount stores over 8,500 sq. ft. in floor area and self- service laundry facilities subject to a conditional use permit (CUP), has been recommended by the o Planning Commission, and was reviewed by the LRC on August 2, 2011, and continued for further a discussion on August 16, 2011. The August 16 LRC meeting was canceled. 0 A complete history of the adoption of Development Code Section 19.06.025, Prohibited Uses, is presented in the attached Request for Council Action prepared for the June 20,2011, Council agenda, which includes the May 25, 2011, Planning Commission staff report. This item was not heard by the Council on June 20. The matter was tabled and referred to the LRC for review and a recommendation. ca On August 2, 2011, the LRC discussed this item. The staff recommendation, endorsed by the Planning a Commission by a vote of 6 to 1, was to allow the subject uses to be considered for approval subject to c a CUP. A minimum floor area of 8,500 sq. ft. was recommended for the discount stores to limit the E applications to substantial facilities that require the level of maintenance, on-site management and security needed to ensure an orderly operation. The CUP review process would also allow for site- specific operational standards and improvement requirements. Compliance with the conditions of the Q CUP will be monitored and verified by regular code enforcement inspections. New Information: On August 9, 2011, Planning staff met with Senior Deputy City Attorney Henry Empeno to discuss concerns of the City Attorney's office regarding this item. Mr. Empeno emphasized the need for objective criteria to be incorporated in the proposed DCA, because the amendment is proposed as an exception to existing Development Code regulations. He suggested that staff research the sizes of various shopping centers and propose a minimum shopping center floor area that would provide a minimum standard of on-site lighting and security and active property management to minimize potential negative impacts associated with discount stores and self-service laundries. Packet;Pg.95' 5.G.b l Memo to LRC DCA t t-05: Discount Stores and Self-Service Laundries Meeting Date:September 7,2011 Page 2 Staff gathered floor area information for several shopping centers that are familiar to most residents, to provide a frame of reference for consideration of floor area criteria (see attached table). Currently, Section 19.06.025 contains a general exception for any of the listed prohibited uses to be permitted in a shopping center of at least 200,000 sq. ft. Based on the sample of shopping centers in the attached table, staff recommends a minimum floor area of 20,000 sq. ft. as a reasonable size to expect quality property maintenance, security and management. The discretion of the CUP review process, including site-specific conditions of approval, will reinforce the objective location criteria to ensure property maintenance and business operations that will not create or contribute to public nuisances or blight. a� 0 Stag`also surveyed nearby cities to compare their permitting requirements for discount stores and self- v service laundry facilities. The City of Rialto requires a Conditional Development Permit for single- price overstock/discount stores. Otherwise, both discount stores and self-service laundries are typically permitted commercial uses in other cities. 0 Self-service laundry facilities are usually located in multi-tenant retail centers. Due to the nature of r these uses being unattended, staff recommends adding a location criterion of a minimum 20,000 sq. ft. y center for submittal of a CUP application for a self-service laundry. Other requirements, such as N installation of video surveillance equipment, or maintaining clear storefront windows for good visibility, may be applied as conditions of the CUP approval. The 8,500 sq. ft. floor area already recommended in DCA 11-05 for discount stores should achieve the desired level of management ° commitment, whether in a stand-alone building or in a multi-tenant center. o L a The proposed size and location criteria would be verified prior to acceptance of a CUP application. o The Planning Commission would then consider the specific location and improvement plans to determine if the site is appropriate for the proposed use. The Commission would apply conditions of approval to ensure compatibility of the use with the surroundings. Conditions could include restrictions on window signage or window displays, and prohibition of outdoor storage or merchandise display, which is already prohibited by the general commercial land use standards in Section 19.06.030(1)(B). L �a Compliance with CUP conditions of approval is monitored by the Code Enforcement Division, in an a annual inspection program. Non-compliance is also subject to complaint-based and proactive enforcement actions. Failure to comply with the conditions of approval is grounds for the Planning E Commission to modify or revoke a CUP,pursuant to Section 19.36,100 of the Development Code. cc .. Recommendation: Q Staff recommends that the LRC recommend approval of DCA 11-05 to the Mayor and Council, with an additional location criterion for self-service laundry facilities to be located in shopping centers of at least 20,000 sq. ft. Attachments: Shopping Center Floor Area Table June 20, 2011, Request for Council Action Packet Pg.96 Representative`hopping tenter Sizes CENTER/LOCATION FLOOR AREAS Central City(Stater Bros.) Plaza Starter Bros. Building: 33,E `h F St. 00 sq. It. Multi-tenant Building: 22,500 I _ Stater Bros. Canter Stater Bros. Building: 37,000 sq. t-t. 0 0 Baseline& Waterman Multi-tenant Building: 94.300 v m i F?1 Super(former Fiesta Foods) Plaza Q l:l Super Building:42.600 sq. tl. .2 ��` Waterman Multi-tenant Building: 14.400 El Super Plaza(Farmer Fedco) Multi-tenant Building A: 137.000 sq. it, iE Mt. Vernon& Mill St. Multi-tenant Building B: 17,600 sq. tt. 0 i 'Multi-tenant Building C: 1 4.H?0 sq. tl. Ea Dorado Plaza Multi-tenant Buildin=. West side Mt. Vernon.just South of Baseline Building A: 13.-!00 sq, it. wlulti-tenant Building B: I I,Ot)0 sq. It. Chuck E C heese/Verizcan Center o Multi-tenant Building A: l9,Ott0 sq, R.ttjj-t)6j S. ­E­St. Multi-tenant Building B: 23,300 sq. tt. rn 99 Vent Only Center N �tilulti-tenant Building A: 30.00)sq. 11. 985 S. "E"St. Multi-tenant Buildin g B: 1�,8tf sq. f`t. � N CD CD E U c Q .i.a C d E s R w Q E Packet Pg. 97 CITY OF SAN BERNARDENTO REQUEST FOR COUNCIL ACTION From: �Li.klatgo Wheeler, Director Subject: An ordinance of the City of Sari Bernardino amending Section 19.06.025 Dept: CommunityDccelopment 'Trohibitcd Uscs" of the Development Code to pemik single-price overstocludiscount stores with a Date: June 6,201 I minimum floor area of 8,5oo sq,ft, and self service laundry facilities subject to a ('onditional Use Permit in commercial land use districts. NICC Date: June 20, 2(311 O U S�nopsis of Previous Council,fiction: � a None 'c ar Recommended Nfotion: :5 W. O I f'at the hearing;be closed and said ordinance be laid ovcr for:anal adoption, a) d I N w O �L .Margo Wheeler, AICP p as 0 Contact Person: Aron Lang,Senior Planner N Phone: 3332 Supporting data attached: Staff Report N p %Vard(s): ('ity-wide .. c FUNDING IZEQUIREIIENT'S: Amount: N111 m E .c Source: ca Acct, Description: Q c Finance: ar Council N lutes, m _ E t R .r Q %guts 3a ttein No. 3S- i racket Pg. CITY OF SAY BEMARDIYO RF, live"I'I OR C{7UNCi[, t~CTIf)1V STAFF REPORT Subject: An ordinance of the City of San Bernardino amending Section 19.06.025 ''Prohibited Uses" ul' the Development (-'ode to permit single-price overstockidiscount stores with a minimum floor area of 8,500 sq.tt, and self-service laundry facititics subject to a Conditional Use Permit in commercial land use districts.(Development Code Amendment No, 11 d)5) Applicant: ('ommunity Development Department U ,00 North D Street Lan Bernardino,CA 92418 .0 C Background: On May 25, 2011, the Planning Commission recommended that the Mayor and Common � Council approve Development Code Amendment No. 11-05 to amend Section 19.06.025 0 "Prohibited Uses"of the Development Code to provide exceptions in Section 19.06.125 (1)(B) y d for single-price overstockidiscount stores with a minimum floor area of 8,500 sq.R. and in Section 19,06.025(1)(J) for self-service laundry facilities to be permitted in commercial land use districts,subject to approval of a Conditional Use Permit. ~' Staff requests that the Mayor and Common Council approve Development Cade Amendment o No, l 1-05 as recommended by the Planning Commission at their meeting of May 25, 2011. The L Planning Commission voted by a majority of 6 to 1 in favor of the proposed amendment. Commissioners Calera, Cble, Heasley, hlachen, Nfulvihill and Sauerbntn voter] in favor of the N motion and Comm%ssioner CoWe voted against the motion. Commissioner Durr abstained and Commissioner Rawls was absent. N There are twelve categories of commercial uses that are prohibited by Section 19.06.025 of the CD Uevelopment Code. Single-price overstockidiscount stores and self-service laundry facilities E 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 an U ca established in a shopping center containing over 200,000 square r t of floor area and the other Q exception is for any business proposed to occupy a single bulling exceeding?S,00t)square feet r in floor area. c E the �;tibjext ;cade amendment will provuie additional exceptions ,pccilic to single-price oterstockc discocint stores and self-service laundries that will allow them on any properly n commercial districts. subtext to approval of a Conditional t.'se Permit. The subject code �mcndmcnt oust] grant the 1"anntr.g C ommass�on the authunty to review individual proposals for .angle-price merstock-discount stot4s and sclt=service laundry facilities through site-specific .rralysis can a vise-by-case basis, cunsistent M,'tth Development Code Section 19.3 1. Table ICJ ?1.�t1, Ntiith rccotnmcnda,;cxns from staff. fine-specttic Ccmdtuonal l;sc permit review will pruvitie liar analysis of potential con:'ticts .v ith .wrroundinl; land uses to ensure land use compatibility and consistency with goals.objectives and policies of the General flan. Packet Pg. 99 3 California Environmental Quality Act(CEQA)Compliance: Developmcnt Code Amendment No. 1 t-U5 is exempt from she California Environmental Quality Act ((EQA),pursuant to Section 15061(b)(3)of the CEQA Guidelines, the general rule that an action with no toresecable physical impact on the environment is exempt. Financial Impact: \one. d Recommendation: O v_ That she hearing he closed and that said ordinance be laid over for fin a al adoption. 2 . 'c 2 Attachment 1:Planning Commission Stuff Report Dated IMay 25,201! d t Ordinance ,- O N a� N W r t O L a 0 N r N C d !_ L V R w a I c E V a Packet Pg. 100 EXCERPT FROM 5-25-11 PC MINUTES x VVI gy '.i ras a t �ltti3 sion r N l 2� U 6. DEVELOPMENT CODE AMENDMENT NO. 11-05 –A proposal to amend Section a 19.06.025 "Prohibited Uses" of the Development Code to provide exceptions in Section c 19.06.025(1)(13) for single-price overstock/discount stores with a minimum floor area of ' 8,500 sq. f1. and in Section 19.06.025(1)(J) for self-service laundry facilities to be s permitted in commercial land use districts, subject to approval of a Conditional Use c Permit. as Environmental Recommendation: Exempt from CE�QA–Section 15061(b)(3) � Proposed by: City of San Bernardino r PIanner: Aron Liang :3 .c 0 L Aron Liang gave a description of the proposed Development Code amendment. a 0 Hubie Byrne, 6399 Wilshire Blvd., Los Angeles, CA, spoke in favor of the proposed Cq amendment. N w Rick Lazaar, 1901 Orange Tree Lane, Redlands, CA, spoke in favor of the proposed E amendment. w a Commissioner Conte stated a prediction that dollar stores would eventually take over Wal-Mart. as Suheil Abdulnour, 2005 E. Highland Ave., spoke in opposition of the proposal due to his concerns about convenience stores that he stated on Item 1. �a a Commissioner Durr said he would abstain from the vote due to his employment with Stater Bros. Markets. Commissioner Mulvihill made a motion to recommend approval of Development Code Amendment No. 11-05.Commissioner Heasley seconded the motion. The motion carried by the following vote:Ayes: Calero, Durr, Eble, Heasley, Machen, Mulvihill and Sauerbrun.Nays: Coute.Abstain: Durr. Absent: Rawls. Page 7 of 11 05/25/2011 Packet P-90 0 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE:. Development Code Amendment No. I 1-05 AGENDA ITEM: 6 HEARING DATE: May 25,2011 WARD: City-wide 0 APPLICANT: v Community Development Department a 300 North D Street .2 San Bernardino,CA 92418 (909)384-5057 d s ..1 w 0 REQUESTILOCATION: N A proposal to amend Section 19.06.025 "Prohibited Uses" of the Development Code to provide exceptions in Section 19.06.025 (1) (B) for single-price overstock/discount stores with a minimum floor area of 8,500 sq.ft. and in Section 19.06.025 (1)(J) for self-service laundry c facilities to be permitted in commercial land use districts, subject to approval of a Conditional a Use Permit. rn 0 N CONSTRAINTSIOVERLAYS: N Not Applicable ENVIRONMENTAL FINDINGS: ❑ Not Subject to CEQA a ® Exempt from CEQA—Section 15061(b)(3) ❑ No Significant Effects ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan t° a STAFF RECOMMENDATION: 2 Recommend Mayor and Council Approval ❑ Conditions ❑ Denial Continuance to: Packet Pg. 1 22 DCA No. l t-05 Hearing Date 11/25/2011 Page 2 PROJECT DESCRIPTION The proposed Development Code Amendment would modify Section 19.05.025 "Prohibited Uses" of the Development Code to provide exceptions in Section 19.05.025 (1) (B) for single- price overstock/discount stores with a minimum Boor area of 8,500 sq.ft. and in Section 19.06.025 (1)(J) for self-service laundry facilities to be permitted in commercial land use districts, subject to approval of Conditional Use Permit. The proposed amendment is shown in underline text below,and the full text of Section 19.05.025 is in Attachment A d 0 There are twelve categories of commercial uses that are prohibited by Section 19.06.025 of the v Development Code. Single-price overstock/discount stores and self-service laundry facilities a 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 r in floor area. The proposed amendment would provide additional exceptions specific to single- 0 price overstock/discount stores and self-service laundries. 0 Development Code Amendment No. 11-05 will modify Section 19.05.025 (1)(B) and (1)(J) as -0 follows: m 0 Section 19.06.025 PROHIBITED USES o. 1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, Development CM Permit, Building Permit, Certificate of Occupancy or Zoning Verification Review (also referred to as"Zoning Consistency Review")shall be issued or granted for the establishment C' of a new business, or the relocation of an existing business in the City of San Bernardino CD within the following categories of commercial uses: E ca B. Single-price overstock/discount stores —Establishments that sell a broad range of outlet, a close-out, discontinued, liquidation or overstock and general merchandise primarily at a single discount price and/or in the low and very low price ranges, including, but not m limited to food stuffs, alcoholic beverages, apparel and accessories, costume jewelry, ! notions and wares, housewares, fountain refreshments and toys. This category shall not include single-price overstock/discount stores containing a} minimum floor area of 8,500 Q square feet in size and approved under a Conditional Use Permit J. Self-service Laundry —Any commercial establishment providing the use of self-service washing machines and dryers to the public, usually coin-operated. This category shall not include self-service laundries approved under a Conditional Use Permit I Packet Pg. 103 DCA No. 11-05 Hearing Date 11/25/2011 Page 3 SETTING/SITE CHARACTERISTICS The proposed Development Code Amendment No. 11-05, would apply in commercial land use districts,City-wide. CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEOA) The proposed Development Code Amendment is exempt from CEQA pursuant to Section 15061(b)(3)of the CEQA Guidelines, because the effect of the amendment would not result in a d direct or reasonably foreseeable indirect physical change in the environment. c U BACKGROUND _Q U • October 4, 2004-The Mayor and Common Council adopted Ordinance No.MC-1 188,an urgency ordinance that established a moratorium on certain designated businesses. • June 6,2005 - Mayor and Council adopted MC-1196 clarifying y P Eying single-price/discount stores and extending MC-1188. o • October 2,2006-The Mayor and Common Council adopted MC-1236,an ordinance that y permanently prohibited certain designated businesses. D • June 17, 2008 — The Legislative Review Committee discussed the prohibited uses and d asked staff to prepare recommendations to consider allowing certain prohibited uses in a certain situations and/or at certain locations. t 0 • August 5, 2008 — Staff returned to the Legislative Review Committee with specific a recommendations related to single-price overstock/discount stores. rn 0 • August 19,2008—The Legislative Review Committee recommended that the Mayor and `" Common Council direct staff to initiate a Development Code Amendment to allow N consideration of single-price overstock/discount stores subject to approval by the Mayor and Common Council,with a recommendation from the Planning Commission. £ • September 2,2008, the Mayor and Council directed staff to initiate a Development Code Amendment as recommended by the Legislative Review Committee. • November 18, 2008 — the Planning Commission recommended Development Code a Amendment No. 08-04 to the Mayor and Common Council to permit single-price overstock/discount stores exceeding 15,000 square feet in floor area, subject to approval E of Conditional Use Permit by the Mayor and Common Council,with a recommendation 0 from the Planning Commission. 2 • January 20, 2009 — the Mayor and Common Council referred Development Code Q Amendment No.08-04 to the Legislative Review Committee. • June 2, 2009 — Development Code No. 08-04 was scheduled to be reviewed by the Legislative Review Committee however the meeting was canceled. No further action has been taken on this matter. ANA Amending the Code as described herein would grant authority to the Planning Commission to consider conditional approval of some single-price overstock/discount stores and self-service Packet Pg.104 . .. - - DCA No. 11-05 Hearing Date 11/25/2011 Page 4 laundry facilities that are otherwise prohibited by Development Code Section 19.06.025. The proposed amendment would allow the Planning Commission to review individual proposals for single-price overstock/discount stores and self-service laundry facilities through site-specific analysis on a case-by-case basis, consistent with Development Code Section 19.3 1, Table 19.31.01, with recommendations from staff. Site-specific Conditional Use Permit review will provide for analysis of potential conflicts with surrounding land uses to ensure land use compatibility and consistency with goals,objectives and policies of the General Plan. FINDINGS 0 1. The proposed amendment is consistent with the General Plan. v is 0. The proposed Development Code Amendment would provide for site-specific review of •_ the subject uses on a case-by-case basis, subject to approval by the Planning 0 Commission. The proposed amendment maintain land use compatibility, in balance with public convenience and public safety, consistent with the following goals and policies of the General Plan: o N d N Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land uses." Policy 2.2.10: "The protection of the quality of life shall take precedence during the c r review of new projects. Accordingly,the City shall utilize its discretion to deny or require a mitigation of projects that result in impacts that outweigh benefits to the public." a; 0 N 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." Q 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 Q development zoning and creative site planning." a� 2. The proposed amendment would not be detrimental to the public interest, health, safety. M convenience or welfare of the City. U a Site-specific review of potential safety, zoning, health and land use conflicts by the Planning Commission will ensure proper review of sites for single-price overstock/discount stores and self-service laundry facilities. Therefore, the proposed Development Code Amendment serves the public interest and would not be detrimental to public health,safety,convenience or general welfare. CONCLUSION The proposed Development Code Amendment is consistent with the General Plan and would serve the public interest, as supported by the Findings of Fact for approval. Packet Pg.105 n 5.G.b DCA No.11-05 Heating Date 1112512011 Page 5 RECOiMMENDATION Staff'recommends that the Planning Commission recommend approval of Development Code Amendment No. 11-05 to the Mayor and Common Council, based on the Findings of Fact contained in this staff report. Respectfull Submitted, Z, O U n Liang a Senior Planner d Approved VWbec butian: r 0 N d N #ar Director,AC1P t O L Attachment A: Development Code Section 19.06.025 with proposed amendments. ° o 0 N [ r N C d E t V r Q E U w a i Packet Pg. 106i " 1 0RDh'VANCE NO. 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06 4. (COMMERCIAL DISTRICTS), SECTION 19.06.025 (1)(B) AND (1) (J) OF THE SAN BERM ARDINO MUNICIPAL CODE (DEVELOP'NIENT CODE) RELATED TO PROHIBITED 5 USES. 6 m The Nfayor and Common Council of the City of San Bernardino do ordain as follows: L) 0 U WHEREAS, the Mayor and Common Council adopted the current.Development Code, Title 19 s of the Municipal Code by Ordinance MC-789 on June 3, 1991;and _ 0 9 � to WHEREAS,on May 25, 2011, the Planning Commission of the City of San Bernardino held a r noticed public hearing to consider public testimony and a staff report recommending the proposed y !1 ordinance as an amendment to the City Development Code, and recommended that the ;Mayor and 0 12 Common Council adopt the ordinance as proposed;and 13 WHEREAS, notice of the public hearing for the Mayor and Common Councils consideration of 14 ' 0 the proposed Ordinance was published in The Sun newspaper on June 10,2011; o. 15 0 16 NOW THEREFORE, THE MAYOR AND C0i4LtON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: C14 17 � 18 E SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and ca 19 r hereby adopts and incorporates them herein. Q 20 w SECTION 2. FindinES of Fact. d 1 E A. The Ordinance amending the Deg elopment Code is consistent w'th the General Plan of zz Q `3 the City of San Bernardino. The proposed Development Code amendment is intended to improve and 24 businesses in the City. i he recommended text amendment provides a process for adding single-price 25 ox-erstock.,discount stores with a minimum floor area of 8,5o0 sq.ft. and self-service laundry facilities, to 16 promote businesses consistent with the follo%ving goals and policies of the General Plan: Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land uses." �s Packet Pg. 107 j 1 I _Policy 2.2 1 p: "The protection of the quality of life shall take precedence during the a new projects. Accordingly, the City shall utilize its discretion to deny or require mit�h benefits to at, revtew of 3 that result in impacts that outweigh the public.' g of projects 4 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill 5 of new development and revitalization of existing development." g 7 Po1ic____v 2,4.3: "Where necessary to stimulate the desired mix and intensity � � use flexibility and customized site development standards shall be achieved through various mast, land ° U $ planning devices, such as specific plans,planned development zoning and Great' 17 Wows master a � the site planning." � 10 interest, The Ordinance amending the Development Code will not be detrimental to the public health, safety, convenience or welfare of the City. The proposed amendment of the s 0 t I Development Code would serve the public interest by providing a process through site-specific analysis tz on a case-by-case basis, consistent with Development Code Section 19.31, Table 19.3I.01. The y V a� 13 Proposed amendment will expand opportunities for businesses in the City, with a process that will I 14 Protect values in the interest of general health, safety and welfare. s 0 L 1s a SECTION 3, San Bernardino Municipal Code (Development Code) Section 19.06.025 l B P 16 and(1) (T) are hereby amended to read as shown on Exhibit A, attached hereto and incorporated herein 17 by reference. 18 G> SECTION 4, Compliance with the California Environmental wall Act: _E 19 The Mayor and Common Council finds that the proposed amendment to Section 19.06.025 �4 a (1)(B)and('1)(,)) of the Development Code is exempt from the California Environmental Quality Act Q )pursuant to Section 15061(b)(3)of the CEQA Guidelines, the general rule that activities that E w will not result in a direct or reasonably foreseeable indirect physical change in the environment are 13 exempt from environmental review. Q i _'4 Y SECTION `ieverab�lity: lfany section, subsection, subdivision,sentence, or clause i s in this Ordinance or any part thereof's for any reason held to be unconstitutional i car phrase -d by any court Of competent jurisdiction, such decision shall not affect t n�aIid or inetTective �� he validity effectiveness of the - remaining portions of this Ordinance or any part thereof: The Mayor and Common Council hereb �s declares that it would have adopted each section irrespective of the fact that any one or more Packet Pg. 108 5.G.b subsections,subdivisions,sentences,clauses,or phrases be declared unconstitutional, invalid, or Z ineffective. 3 11! 4 5 G O U 9 Q .v 10 d t w Ji O d 12 N D 13 d 14 s O L 15 a 16 N r 17 N w C is m E 19 v R w w 0 Q r C '1 O E ,, .r '3 Q '4 25 '6 27 13 Packet Pg. 109 WIN t AN ORDLNA�NCE OF THE CITY OF SAN BERNARDINO A,NIENDEVG CHAPTER 19.06 2 (COINUMERCIAL DISTRICTS), SECTION 19.06.025 (1)(B) AND (1) (J) OF THE BERRNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO PROHIBITED 3 USES. 4 s 1 HEREBY CERTIFY that the foregoing ordinance was duty adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof,held on the day 0 7 Of , 1011, by the following vote to wit: g a Council Members: U NAYS `—' A$S�T I�1 ABSEN IT MARQUEZ � 1 VACANT _ _ o ---- m 12 BRINKER — D 13 SHORETT ---__ 14 --- O KELLEY { a 1 Q� JOHNSON 16 N ---_. 17 MC CAMlMACK ______� N aD 18 E t 14 Q 70 Rachel Clark, City Clerk a� 11 The foregoing Ordinance is hereby approved this �3a} of E , s '2 � r-+ Q 4 �kpproved as to form: PATRICK J. MORRIS, Mayor 25 City of San Bernardino 6 1 JAMES F. PENMAN City Attorney '7 a ° Packet Pg. 110 r ATTACNti LENT A CO DV ERCLAL DISTRICTS- 14.06 19.06.025 PROHIBITED USES 'SIC 1233 10;2'06 1• Notwithstanding any conflicting provisions) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for the establishment of a new business,or the relocation of an existing busin San Bernardino within the fallowing categories of commercial uses: ess,in the City of 0 A. Smoke Shops — Establishments that either exclusively or as a substantial portion U (+-'O`'ti) ol'their floor area, sell cigarettes, cigars,pipes, bongs, tobacco, and related 0. paraphernalia. •� B. Single-price oti'erstock/discount stores — Establishments that sell a broad range of 3 outlet, close-out, discontinued, liquidation, or overstock and general merchandise, ._ primarily at a single discount price and/or in the low and very low price ranges, 0 including but not limited to food shrfTs, alcoholic beverages, a 0 U1 accessories, costume jewelry, notions and wares, housewares, fbunta n m rn refreshments, and toys. This Cate a overstackdiscount stores cantainin a minimum floor a ea of 8,500 s care feet n d size and approved under a Conditional CTse PerrniT• t 0 C. Tattoo Parlors and/or Body Piercing Studios — Establishments that engage in any a method of placing permanent designs,letters,scrolls, figures, symbols or any other N marks upon or under the skin with ink or any other substance,by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either N the coloration of the skin, or the production of scars or scarring and/or = establishments that create an opening in the body of a person for the purpose of inserting jewelry or other decoration. This category shall not include licensed at E physicians, nurses, electrologists, and cosmetologists and shall also not include ;a jewelry stores that offer ear piercing. Q D. Second Nand Stores/Thrift Stores—Establishments that sell used merchandise such as clothing and shoes, household furniture, home furnishings m 1,s and appliances, books 0 and magazines. tiffrCe furniture, used musical instuments, used phonographs and _ recsireis, used fixtures and equipment. including re-sale shops, consign - shops, Q acid similar businesses, this category,hall not include the tbtlotying: �. i Mores o%%red fir operated by existing entities recognized as non-protit by the Secretary of State cif'the State of`California, and in "good status" titi it me. h the sa tl-59 Packet Pg. 1 11 COMMERCIAL DISTRICTS- 19.06 2. Antique Stores— An antique, for the purposes of this ordinance, shall be a work of art,piece of furniture,decorative object, or the like,of or belonging to the past,and at least 50 dears old. T}ris includes any premise used for the sale or trade of articles of which 90 0,0 or more are over 50 years old or have collectible value. . Existing, legally established indoor concession malls and outdoor swap meets,unless otherwise prohibited. E. Check-Cashing, Cash Advance,and Loan Facilities—Establishments that engage, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, d or other commercial paper serving the same purpose,such facilities do not include a e U state or federally chartered bank, savings and loan association, credit union, or industrial loan company. .2 1. This category shall include any business licensed by the California Commissioner of Corporations to make deferred deposit transactions t pursuant to California Financial Code Section 23000 et seq., sometimes 0 referred to as"payday =.s o P 5 y ads ance,' cash advance,"or"payday loan"services. U) 2. This category shall not include any ancillary check-cashing facility that is rn D located entirely within a major retailer over 15,000 square feet in size, m s F. Convenience Stores (if located within a one mite radius or another convenience t store) — The retail sale of groceries, staples, sundry items, and/or alcoholic 0` a beverages where the gross floor area is less than 5,000 square feet. This category o shall not include any convenience store Iocated on the same parcel with a service station(gasoline station). _. N G. fawn Shops — Businesses that loan money or other items of value to any person, firm or corporation, upon any personal of personal ra e P rope rh'>personal security or the purchasing s P P property and reselling or agreeing to resell such articles at prices previously agreed upon. This category shall not include any legally established pawnshop in an unreinforced masonry building to be relocated to another building within 50 feet of the current location. m lI• :'automotive Stereo Shops--Establishments that either exclusively or as a substantial E t portion (-50",0 of their floor area, sell and install automoti�e stereos and � «s Q ,accessories. T?ris category shall not apply to the establishment of a ne�v,autorrtotive `stereo shop in the.Auto Center Plaza area. L Tire Stores — Establishments less than 5,000 square tees in size :which sell new and/or used automobile fires and accessones. This category shall not include legally established service stations and auto repair facilities. ti-60 Packet Pg. 112 m 5.G.b COMMERCLi LL, DISTRICTS- 19.06 1. Self-service Laundry—Any commercial establishment providing the use of self_ service washing machines and dryers to the public, usually coin-operated. This :ate e o shall not include self service laundries a roved under a Conditional C'se Permit, K, Recycling Center—Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public. L Pam Supply Stores — Establishments that either exclusively or as a substantial portion of their floor area,sell or rent parry supplies and equipment. 0 U 2. Section 19.06,02 5(1) apply y { } shall not a 1 to an of the enumerated uses if established in a Shopping center or malt containing over?00,000 square feet of floor area and that have at c least one major commercial-anchor-tenant. t- Section 19,06.025(1)shall not apply to any of the enumerated uses if that use is exclusively � established in single independent building exceeding 25,000 square feet in size 0 0 U) (D a� 0 I- 04 n N w C d E V t6 r Q C E t V lC y.. Q 11-tit Packet Pg. 113 • 5.G.c f ATTACHMENT 3 i r CITY OF SAN BERNARDINO Community Development Department— Plannin g Division Interoffice Memorandum T4: Legislative Review Committee FROM: Terri Rahhal,City Planner SUBJECT: Amendment of Development Code Section 19.06.025,Prohibited Uses, to permit party supply stores subject to a conditional use permit(DCA 11-09). DATE: September 6,2011 a C©PIES: Andrea Travis-Miller,Assistant City Manager, M. Margo Wheeler,Community U Development Director, Henry Empeilo,Jr., Senior Deputy City Attorney _a U �C 7 Background: 0 Development Code Amendment (DCA) 11-05, a proposal y osal to amend Sections 19,06.025(B) and � 19.06.025(J) to permit single-price overstock/discount stores over 8,500 sq. ft. in floor area and self- service laundry facilities subject to a conditional use permit (CUP), has been recommended by the Planning Commission, and has been reviewed by the LRC and continued for further discussion on o September 7, 2011. 0 a After the first public hearing of DCA 11-05, staff received inquiries about a similar Code amendment o for party supply stores, which are currently prohibited by Section 19.06.025(L). A new amendment ` application, DCA 11-09, was presented to the Planning Commission on August 24, 2011. The proposed amendment would provide an exception to the prohibition of party supply stores for stores 67 that meet the following size and location criteria to be considered for approval by a CUP: • s U Single-tenant buildings: minimum 8,500 sq. • Multi-tenant centers: minimum 20,000 sq. ft. center and minimum 2,500 sq. ft. tenant space. a E The above criteria would be required for acceptance of a CUP application. The Planning Commission U would then consider the specific location and improvement plans to determine if the site is appropriate Q for the proposed use, and the Commission would be able to apply conditions of approval to ensure compatibility of the use with the surroundings. Conditions could include restrictions on window signage or window displays, and prohibition of outdoor storage or merchandise display, which is already prohibited by the general commercial land use standards in Section 19,06.030(1)(B). Compliance with CUP conditions of approval is monitored by the Code Enforcement Division. in an annual inspection program. Non-compliance is also subject to complaint-based and proactive enforcement actions. Failure to comply with the conditions of approval is grounds for the Planning Commission to modify or revoke a CUP. pursuant to Section 19.36.100 of the Development Code. p i f Packet Pg. 114 Memo to LRC Development Code Amendment No. I 1-09 Meeting Date: September 7, 2011 Page 2 The attached Planning Commission Staff Report contains additional background, analysis and findings for approval. The Planning Commission voted unanimously to recommend approval of DCA 11-09. Recommendation: Staff recommends that the LRC recommend approval of DCA 11-09 to the Mayor and Council. Attachment: Planning Commission Staff Report 0 U M EL .2 O 0 B 0 CL rn CDP E E Packet Pg. 115 1 i EXCERPT FROM 5-24-11 DRAFT PC MINUTES 6. DEVELOPMENT CODE AMENDMENT NO. 11-09 — A proposal to amend Section 19.06.025 "Prohibited Uses"of the Development Code to provide an exception in Section 19.06.025(1)(L) for party supply stores to be permitted in commercial land use districts subject to approval of a Conditional Use Permit. Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3) Proposed by: City of San Bernardino Ward: City-wide Terri Rahhal gave a detailed description on the proposed amendment. 0 U Vice-Chair Heasley asked for clarification on the term"Party Supplies." a Commissioner Jimenez asked why this amendment was coming to the Planning _ Commission. d Terri Rahhal said the amendment was being proposed to allow companies the ability to 0 apply for business licenses in San Bernardino. d N Commissioner Lopez asked if the Conditional Use Permits would specify no outdoor storage. B Z 0 a Terri Rahhal said conditions would be presented to the :Planning Commission for each .. Conditional Use Permit proposed. o N T Commissioner Eble noted that many stores that advertise as party supplies stores display different inventory outside the establishments. E Commissioner Mulvihill made a motion to recommend approval of Development Code Amendment No. 11-09. Commissioner Rawls seconded the motion. i+ The motion carried by the following vote: Ayes: Coute, Durr, Eble, Heasley, Lopez, Jimenez, E Machen,Mulvihill and Rawls. Nays:None. Abstain: None. Absent:None. r a Page 4 of 5 081 Packet Pg. 116 5.G.c PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNAIRUINO PLANNING DIVISION CASE: Development Code Amendment No. 11-08 HEARING DATE: August"24,?011 WARD: City-wide APPLICANT: � Community Development Department o 300 North D Street V San Bernardino,CA 9241 a (909)384-5057 2 3 d REQUEST/LOCATION: �- O N A proposal to amend Section. i 9.06.025 "Prohibited Uses" of the Development Code to provide � an exception in Section 19.06.025(1)(L) for party supply stores to be permitted in commerci land use districts,subject to approval of Conditional Use Permit. al O L a CONSTRAINTS/OVERLAYS: o N T Not Applicable M .r C ENVIRONMENTAL FINDINGS. E Q Not subject to CEQA r a Exempt from CEQA—Section 15061(b)(3) Q No Significant Effects E Q Potential Effects, tMitil ation luleasures and ,tMitigation 1' onitorin /Reporting Plan a ,STAFF RF.COMMEN DA i'ION. S Recommend Nfayor and Council Approval Q Conditions Q Denial Continuance to: Packet Pg. 117 5.G.c D A No. 1 1 •;., I tearing gate 3/2412011 t'-tge 2 PROPOSAL, DESCRIPTION There are twelve categories of commercial uses that are prohibited by Section 19.06.025 of the Development Code, listed as item (1)(A) - (1)(L). Party Supply Stores comprise item L, as defined below. 'Me proposed Development Code Amendment (DCA 11-08) would modify Section 19,06.025 '"Prohibited. Uses" to provide an exception in Section 19A6.025(l)(L) for party supply stores to be permitted in commercial land use districts, subject to approval of a Conditional Use Permit. Minimum floor area standards and location criteria are also proposed,as shown in underline text below: Section 19.06.025 PROHIBITED USES 0 1. Notwithstanding an contlictin � g ` y g provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code,no Conditional Use Permit, Development .2 Permit, Building Permit, Certificate of Occupancy or Zoning Verification Review (also referred to as"Zoning Consistency Review") shall be issued or granted for the establishment � of a new business, or the relocation of an existing business in the City of San Bernardino within the following categories of commercial uses: �- 0 w Party Supply Y y L. P Su 1 Stores- Establishments that either exclusively or a substantial portion of � their floor area, seal or rent party supplies and equipment. 'Mhis category shall not include d Darty supply stores a raved under a Conditional Use Permit to be established in a single-tenant building with a minimum Moor area of R 500 uare feet or in a tenant o s sue ofat least 2 5130 ''111,luare fret in a multi-tenant huildin x of at �> �- t least 10 000 ware feet. The full text of Section 19.06.025,with proposed modifications, is in Attachment A. N SETTI,YGIAREA OF EFFECT Y c a E The proposed Development Code Amendment No. 11-08, would apply in commercial land us t 0 districts, City-wide. w x Q BACKGROUND � a E October �t, U 004 - The Mayor and Common Council adopted Ordinance No. MC-1188. an interim urgency ordinance prohibiting certain designated businesses. Q • June 6, '005 -ilayor and Council :adopted %,1C-1196, :amending and extending NiC-I 188 1 tC-I 1513 and MC-1196 did not prohibit party supply stores). • August 2. "'006 - Me Legislative Review Committee (LRC) reviewed the interim ordinance and recommended revisions for a permanent ordinance amending the Development Code. Me LRC recommended adding party supply stores and m all recycling facilities to the list of prohibited uses, and recommended a 5-year sunset clause. +► September 6, 2006- The LRC considered the matter again and added general exceptions to the prohibited uses ordinance for uses located in a single-tenant buildings over 25,000 sq. ft. or in shopping centers over 200,000 sq. R. with major anchor tenants. The LRC s .also rescinded the recommendation of a sunset claw. l l i Packet Pg. 118 j DCA No, I I US 144 ring Date 91241 7011 Page 3 September 6, 2006 — The Planning Commission recommended approval of DCA 06-02, to acid se=ction 19.06.025 to the Development Code as recommended by the LRC. October 16, 2006 - The Mayor and Common Council adopted MC.1236, an ordinance adding Section 19.06.025 Prohibited uses to the Development Code. ANALYSIS Section 19.06.025 currently provides two exceptions to the prohibition of the specified use categories. One exception is provided for any business established in a single-tenant building exceeding 25,000 square feet in floor-area. The other exception applies to locations in a shopping center c ontaining over 200,000 square feet of floor area. DCA 1 I-08 would = -0 Planning Commission to consider conditional approval of certain supply stores would � party ' Pp Y � not be permitted under the existing exceptions. `Mis would allow the Planning Commission to �- review individual proposals for party supply stores with site-specific analysis of a Conditional `-' Use Permit(CUP)application, pursuant to Chapter 19.36 of the Development Code. _ CUP application review includes analysis of potential conflicts with surrounding land uses and application of conditions of approval to ensure land use compatibility and operation consistent with Development Code regulations and with goals and policies of the General flan. To avoid y compliance problems with very small stores in multi-tenant centers that tend to display products outside and to clutter store windows with excessive signage to attract consumer attention, staff proposes including the following location criteria and floor area standards in addition to the CUP o requirement in DCA I 1-08: L CL rn N Par Su Store Location and area Criteria/ Prere uisites for Ct1E' Iication r LOCATION MINIMUM AREA E Single-Tenant Building 8,500 sq. fl. r a Multi-Tenant Center 20,000 sq. ft.center c 2,500 sq. ft. tenant space__ E a lie u a p rpose of setting minimum floor area standards is to require investment in a substantial retail space that requires a basic level of property maintenance and security. I"he B,StlO sy� it. threshold for asingle-tenant building is the same size recommended in a similar amendment proposed for discount stores. Small retailers located in a large multi-tenant center typicali benefit from security services and site improvements provided for the whole center which in-lime tenants might not be able to provide individually. Fhe following table provides context tier the shopping center area recommendation. Packet Pg. 119 A DC:A No. t t-itt i I aring gate W24/201 t Page 4 Re resentative Sho ping Center Sizes CENTER/LOCATION FLOOR AREAS FCentral City cn(Stater Bros.) Plaza Stater Bros. Building: 33,500 sq. ft. `l `` F St. iNfulti-tenant Building: 22,500 Stater Bras. Center Stater Bros. Building: 37,000 sq. 1}. Baseline& Waterman Multi-tenant Building: 04,300 El Super(former Fiesta Foods) Plaza El Super Building: 42,600 sq, tt, Q ern` Waterman Multi-tenant Building: 14,400 0 U El Super plaza(former Fedco) Multi-tenant Building A: 137,000 sq. ft. a Mt. Vernon&Mill St. Multi-tenant Building B: 17,600 sq. ft. •E Multi-tenant Building C: 14,900 sq. ft. El Dorado Plaza Multi-tenant Building A: 13,400 sq. ft.q Mt. Vernon,just south of Byline Multi-tenant Building B: 11,000 sq. ft. ° N Chuck E C heeselVerizon Center y Multi-tenant Building A: 19,000 sq. f3. 955-9fi5 S. ``E"St Multi-tenant Building B: 23,300 sq. tf. 99 Cent Only enter y Multi-tenant Building A: 30,000 sq. a. ° 985 S. "E„St. L Multi-tenant Building B: 14,800 sq. ft. rn 0 QG1lFC9RNEA EYYlRC}tYMENT<t,L r ifAl.,1"i'Y A A M C The proposed Development Code .`amendment is exempt from CEQA pursuant to Section E 15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a direct or reasonably foreseeable indirect physical change in the environment. V Q FINDINO _ a) E 1. The proposed amendment is consistent with the General,Plan. U The proposed Development Code Amendment would provide t'or site-,specific review of Q the retail sales and rental of party supplies on a case-by-case basis, subject to approval by the Planning Commission. the conditional use permit review and ensure land use compatibility, 1 approval process would p ty, in balance with public convenience and public s:atety, consistent 1cith the following goals and Policies of the General Plant Goal .2., ..Promote development that integrates with and minimizes impacts on surrounding land uses." C3oa1?.4: `Enhance the duality of life :md economic vitality in San Bernardino by :strategic infill of new development and revitalization Of existing development." Lp-acket Pg. 120 • 5.G.c DCA No. 11 4j8 1 fearing Gate 8124/21?11 `age 5 Policy 2.2.10: "The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public." Policy ?.: -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 plaits, planned development zoning turd creative site planning." 2. The proposed amendment svould not he detrimental to the public interest, health, :safety convenience car the lure q f'the City. a 0 U Site-specific review and consideration of potential health and safety concerns, land use a compatibility, zoning and property maintenance compliance issues by the Planning c Commission will ensure that party supply stores will not create nuisance conditions or degrade the appearance of commercial districts where they may be located. Therefore, the proposed .Development Code Amendment serves the public interest and would not he o detrimental to public health,safety,convenience or general welfare. d CONCLUSION � v w The proposed Development Code Amendment is consistent with the General Plan and would s serve the public interest, as supported by the findings of fact recommended for adoption. a. RECOM-MENRA,T ION o N T Staff recommends that the Planning Commission recommend approval of Development Code � Amendment No. 1 l-08 to the Mayor and Common Council, based on the Findings of Fact E contained in this staff report. Respectfully Submitted, a f (D � r E 1'cni Rahhal. tkICP City Plattner Q Approved for Dis,tributiun: M. Margo Wheeler.AICP Community Development Director .lttachment A: Development Code,Section 10.06.025 with proposed amendment. a Packet Pg. 121 Lc 5.G.c XffACHMENT A CChHMERC iAL DiSTRICTS- 19,1}6 19.06.025 PROHIBITED USES MC 123610/16/06 I. NotwithsLinding any conflicting provision(s) in any ether section of the San Bernardino Municipal Code, including the Development Code, no Conditional t'se, Permit, Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or grunted for the establishment of new business,or the relocation of an existing business, in the City of San Bernardino within the following categories of commercial uses: a� P 0 �� Smoke Shops — Establishments that either exclusively or as a substantial portion _ (+50%) of their floor areal, sell cigarettes, cigars,., Pipes, bongs, tobacco, and related a paraphernalia. .2 C B. Single-price overstock/discount stores — Establishments that sett a broad range of � outlet, close-out, discontinued, liquidations or overstock and general merchandise, o primarily at a single discount price and/or in the low and very low price ranges, including but not limited to food stuff's, alcoholic beverages, apparel curd D accessories, costume jewelry, notions and wares, housewares, fountain a refreshments,and toys. 2 o C. Tattoo Parlors and/or Body Piercing Studios — Establishments that engage in any a method of placing permanent designs, letters, scrolls, figures, symbols,or any other marks upon or under the skin with ink or any other substance, by the aid of t ncedloi N or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring and/or establishments that create an opening in the body of a perm for the u E inserting jewelry or ether decoration. This category shall not include licensed grY � physicians, nurses, electrologists, and cosmetologists and shall also not include jewelry stares that offer ear piercing. a u a D. `second Hand Storest-I uift Stores— Establishments that sell used merchandise such E as clothing and shoes, household furniture, home furnishings and appliances, hooks o and magazines. office furniture, used musical instruments. used phonographs and Q records, used fixtures and equipment, including re-sale shops, consignment shops, and similar businesses. This category shall not include the following: l. :Mores owned or operated by existing entities recognized as non-profit by the Secretary of state of the :Mate of California, and in "goad status" y,vith the Same. . lntique .Stores — An antique, fir the purposes of this ordinance, shall be a work of art, Piece of furniture, decorative object, or the like, of or belonging to the past, and at least 50 years old. This includes any premise used for the 11-59 Packet Pg. 122 • 5.G.c � COM141F:ROAL DISTRICTS- 19.06 sale or trade of articles of which X30°1 , 0 or more�over 54 years old or have collectible value, . Existing, legally established indoor concession malls and outdoor scrap meets, unless otherwise prohibited. E. Check-Cashing,Cash rkdvance,and Loan Facilities-Establishments that engage, in whole or in part,, in the business of cashing checks, warrants, drafls, money orders, or other commercial paper serving the same purpose,such facilities do not include a state or federally chartered bank, savings and loan association, credit union, or ., industrial loan company. 0 1, This category shall include any business licensed by the Califrarnia a Commissioner of Corporations to make deferred deposit transactions pursuant to California Financial Cade Section 23004 cat seq., sometimes ' referred to as"payday advance,""cash advance,"or``payday loan'services. � 3 � 1 4 ' 3 { !.T 4w- . This category shall not include any ,ancillary check-crashing facility that is 0 located entirely within a major retailer over 15,040 square feet in size. CD N d � F. Convenience Stores (if located within a one mile radius or another convenience store) - The retail sale of groceries, staples, sundry items, and/or alcoholic: o beverages where the grass floor area is less than 5,044 square feet. This category a shall not include any convenience stare located on the same parcel with a service station(gasoline station). � CD N U. Pawn Shops - Businesses that loan money or other items of value to any firm or corporation, upon any personal Property, y person, E p party, personal security or the purchasing E of personal property and reselling or agreeing to resell such articles at prices previously agreed upon. Chis category�, ry shall not include any legally established pawnshop in an unreinforced masonry building to be relocated to another building Q within 50 feet of the current location. H. :-Automotive Stereo Shops- Establishments that either exclusively or as a substantial o portion (+:500/0 of their floor area, sell and install automotive stereos znd a zccessories. `this category shall not apply to the establishment sofa new automotive Stereo shop in the auto Center Plaza area. 1. 1"ire Stores - Establishments less than 5,040 square feet in ,size which sell new and/or used automobile tires and accessories. nis category,shall not include legally established service Stations and auto repair facilities. J. Self-service Laundry - Any commercial establishment providing the use of self. service washing machines and dryers to the public, usually coin-operated. Packet Pg. 123 5.G.c COMMERCIAL DISTRICTS- 19.€}fi K. Recycling Center—Small collection facilities which occupy an area of less than 500 ware feet, and which accept by donation, redemption or purchase, recyclable materials from the public. L Party Supply Stores — Establishments that either exclusively or as a substantial Portion of their four area, sell or rent party supplies and equipment. This cateeory shall not include su 1 il stares I roved under a Conditional Use Permit to be established in a sin Ie-tenant buildin with a minimum Moor area of scare feet or in a tenant -mace of at le=ast ? 500 square feet in a multi-tenant building of at least 20,0©(} ctu ure feet. 0 U a Section 19.06.025(1) shall not apply to any of the enumerated uses f established in a .2 Shopping center or mail containing over 200,(}00 square feet of floor area and that have at least one major commercial-anchor-tenant. o 3. Section 19.06.025(1)shall not apply to any of the enumerated uses if that use is exclusively established in single independent building exceeding 25,000 square feet in size y y s 0 L a> 0 N r M w C CD E t V r a E U R rr r-. a i 1-151 Packet Pg. 124 5.G.d EXHIBIT r COMMERCIAL DISTRICTS- 19.06 19.06.025 PROHIBITED USES MC 1233 1012106 1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for the establishment of a new business, or the relocation of an existing business, in the City of U San Bernardino within the following categories of commercial uses: a •2 A. Smoke Shops — Establishments that either exclusively or as a substantial portion (+50%) of their floor area, sell cigarettes, cigars, pipes, bongs, tobacco, and related paraphernalia. r 0 B. Single-price overstock/discount stores — Establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock and general merchandise, primarily at a single discount price and/or in the low and very low price ranges, .2 including but not limited to food stuffs, alcoholic beverages, apparel and M accessories, costume jewelry, notions and wares, housewares, fountain a refreshments, and toys. This category shall not include single-price overstock/discount stores containing;a minimum floor area of 9,000 square feet in N size and approved under a Conditional Use Permit a� C. Tattoo Parlors and/or Body Piercing Studios — Establishments that engage in any m method of placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either o the coloration of the skin, or the production of scars or scarring and/or establishments that create an opening in the body of a person for the purpose of M inserting jewelry or other decoration. This category shall not include licensed o physicians, nurses, electrologists, and cosmetologists and shall also not include jewelry stores that offer ear piercing. D. Second Hand Stores/Thrift Stores— Establishments that sell used merchandise such w as clothing and shoes, household furniture, home furnishings and appliances, books and magazines, office furniture, used musical instruments, used phonographs and E records, used fixtures and equipment, including re-sale shops, consignment shops, and similar businesses. This category shall not include the following: Q 1, Stores owned or operated by existing entities recognized as non-profit by the Secretary of State of the State of California, and in "good status" with the same. 11-19.06-12 Packet Pg. 125 S.G.d COMMERCIAL DISTRICTS- 19.06 2. Antique Stores — An antique, for the purposes of this ordinance, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, and at least 50 years old. This includes any premise used for the sale or trade of articles of which 90% or more are over 50 years old or have collectible value. 3. Existing, legally established indoor concession malls and outdoor swap meets, unless otherwise prohibited. a 0 E. Check-Cashing, Cash Advance, and Loan Facilities—Establishments that e a en in engage, � whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose, such facilities do not include a C state or federally chartered bank, savings and loan association, credit union, or a industrial loan company. 0 1. This category shall include any business licensed by the California W Commissioner of Corporations to make deferred deposit transactions En pursuant to California Financial Code Section 23000 et seq., sometimes d referred to as"payday advance,""cash advance,"or"payday loan"services. 0 2. This category shall not include any ancillary check-cashing facility that is a. located entirely within a major retailer over 15,000 square feet in size. o N T F. Convenience Stores (if located within a one mile radius or another convenience a, store) — The retail sale of groceries, staples, sundry items, and/or alcoholic beverages where the gross floor area is less than 5,000 square feet. This category shall not include any convenience store located on the same parcel with a service — station(gasoline station). C 0 U G. Pawn Shops — Businesses that loan money or other items of value to any person, firm or corporation, upon any personal property, personal security or the purchasing o of personal property and reselling or agreeing to resell such articles at prices previously agreed upon. This category shall not include any legally established f6 pawnshop in an unreinforced masonry building to be relocated to another building within 50 feet of the current location. x w H. Automotive Stereo Shops—Establishments that either exclusively or as a substantial portion (+50°l0) of their floor area, sell and install automotive stereos and t accessories. This category shall not apply to the establishment of a new Automotive Stereo shop in the Auto Center Plaza area. Q 1. Tire Stores — Establishments less than 5,000 square feet in size which sell new and/or used automobile tires and accessories. This category shall not include legally established service stations and auto repair facilities. 1I-19.06-13 Packet Pg. 126 S.G.d COMMERCIAL DISTRICTS- 19.06 J. Self-service Laundry — Any commercial establishment providing the use of self- service washing machines and dryers to the public, usually coin-operated. This category shall not include self-service laundries approved under a Conditional Use Permit to be established in a multi-tenant center of at least 20,000 square feet K. Recycling Center—Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public. O L. Party Supply S 1 Stores — Establishments that either exclusively or as a substantial M � portion of their floor area, sell or rent party supplies and equipment. This category •2- shall not include party supply stores of at least 2,500 square feet and located in a multi-tenant center of at least 20,000 square feet, or party supply stores established in a single-tenant building of at least 10,000 square feet of floor area w O 2. Section 19.06.025(l) shall not apply to any of the enumerated uses if established hi a shopping center or mall containing over 200,000 square feet of floor area and that have at least one major commercial-anchor-tenant. w Z 3. Section 19.06.025(l) shall not apply to any of the enumerated uses if that use is exclusively o established in single independent building exceeding 25,000 square feet in size a 0 N r C r G7 O V C O U M O r t x w w a� E v ca .r w Q 11-19.06-14 Packet Pg. 127 S.G.e EXHIBIT A COMMERCIAL DISTRICTS - 19.06 d 0 19.06.025 PROHIBITED USES MC 1233 1012106 1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for o the establishment of a new business, or the relocation of an existing business, in the City of San Bernardino within the following categories of commercial uses: a� A. Smoke Shops — Establishments that either exclusively or as a substantial portion (+50%) of their floor area, sell cigarettes, cigars, pipes, bongs, tobacco, and related o paraphernalia. a. 0 B. Single-price overstock/ discount stores — Establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock merchandise, and primarily at a single discount price amain the low and very low price ranges, c including but not limited to food stuffs, alcoholic beverages, apparel and in accessories, costume jewelry, notions and wares, housewares, fountain refreshments, and toys. This category shall not include single-price overstock discount stores containing a minimum floor area of 9,000 square feet in size and approved under a Conditional Use Permit. C. Tattoo Parlors and/or Body Piercing Studios — Establishments that engage in any method of placing permanent designs, letters, scrolls, figures, symbols, or any other o marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either ti the coloration of the skin, or the production of scars or scarring and/or c establishments that create an opening in the body of a person for the purpose of L inserting jewelry or other decoration. This category shall not include licensed 0 physicians, nurses, electrologists, and cosmetologists and shall also not include 0 jewelry stores that offer ear piercing. E 0 D. Second Hand Stores/Thrift Stores—Establishments that sell used merchandise such as clothing and shoes, household furniture, home furnishings and appliances, books and magazines, office furniture, used musical instruments, used phonographs and -a records, used fixtures and equipment, including re-sale shops, consignment shops, and similar businesses. This category shall not include the following: r 1. Stores owned or operated by existing entities recognized as non-profit by the x Secretary of State of the State of California, and in "good status" with the w same. _ d E U R Q 11-19.06-12 Packet Pg. 128 5.G.e COMMERCIAL DISTRICTS- 19.06 2. Antique Stores — An antique, for the purposes of this ordinance, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, and at least 50 years old. This includes any premise used for the sale or trade of articles of which 90% or more are over 50 years old or have Q collectible value. v 3. Existing, legally established indoor concession malls and outdoor swap meets,unless otherwise prohibited. 0 E. Check-Cashing, Cash Advance,and Loan Facilities—Establishments that engage, in N whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose, such facilities do not include a state or federally chartered bank, savings and loan association, credit union, or industrial loan company. 0- 1. This category shall include any business licensed by the California Commissioner of Corporations to make deferred deposit transactions pursuant to California Financial Code Section 23000 et seq., sometimes referred to as payday advance,„"cash advance," "payday payday loan services. o 2. This category shall not include any ancillary check-cashing facility that is located entirely within a major retailer over 15,000 square feet in size. Y F. Convenience Stores (if located within a one mile radius or another convenience store) — The retail sale of groceries, staples, sundry items, and/or alcoholic beverages where the gross floor area is less than 5,000 square feet. This category shall not include any convenience store located on the same parcel with a service v station(gasoline station). G. Pawn Shops — Businesses that loan money or other items of value to any person, firm or corporation, upon any personal property, personal security or the purchasing ,o of personal property and reselling or agreeing to resell such articles at prices c previously agreed upon. This category shall not include any legally established pawnshop in an unreinforced masonry building to be relocated to another building within 50 feet of the current location. ° c H. Automotive Stereo Shops—Establishments that either exclusively or as a substantial portion (+50%) of their floor area, sell and install automotive stereos and �. accessories. This category shall not apply to the establishment of a new Automotive Stereo shop in the Auto Center Plaza area. I. Tire Stores — Establishments less than 5,000 square feet in size which sell new w and/or used automobile tires and accessories. This category shall not include legally established service stations and auto repair facilities. U R Y Y Q II-19.06-13 Packet Pg. 129 5.G.e COMMERCIAL DISTRICTS- 19.06 J. Self-service Laundry — Any commercial establishment providing the use of self- service washing machines and dryers to the public, usually coin-operated. This category shall not include self-service laundries approved under a Conditional Use v Permit to be established in a multi-tenant center of at least 20,000 square feet.a U K. Recycling Center—Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public. 0 L. Party Supply Stores — Establishments that either exclusively or as a substantial N portion of their floor area, sell or rent party supplies and equipment. This category shall not include party supply stores of at least 2,500 square feet and located in a (D multi-tenant center of at least 20,000 square feet orpg!y Mply stores established in a single-tenant buildinLy of at least 10.000 square feet of floor area; and approved ° a under a Conditional Use Permit. .. rn 0 2. Section 19.06.025(1) shall not apply to any of the enumerated uses if established in a shopping center or mall containing over 200,000 square feet of floor area and that have at least one major commercial-anchor-tenant. 0 Cn 3. Section 19.06.025(1) shall not apply to any of the enumerated uses if that use is exclusively W established in single independent building exceeding 25,000 square feet in size a� a� U 7 O U r P_ r 0 r L 0 4- r_ 0 r+ E L 0 0 0 Q R 72 .0 X W r.+ 0 0 E CW U Q II-19.06-14 Packet Pg. 130