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HomeMy WebLinkAbout06.B- Community Development ORDINANCE (ID # 1209) DOC ID: 1209 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 10/17/2011 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 Recommended Motion: That the hearing be closed, and that said ordinance be laid over for final adoption. 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 Durr abstained and Commissioner Rawls was absent. Development Code Amendment (DCA) 11-09: On August 24, 2011, the Planning Commission held a public hearing to consider another proposed amendment to Section 19.06.025 "Prohibited Uses" of the Development Code. DCA 11-09 was presented to the Planning Commission with a Updated: 10/13/2011 by Mayra Ochiqui C -- Packet Pg. 136 I 1209 recommendation to amend Section 19.06.025 (1) (L) to permit party supply stores in single- tenant buildings of at least 8,500 sq. ft. or in spaces of at least 2,500 sq. ft. in multi-tenant centers of at least 20,000 sq. ft., subject to a CUP. The Planning Commission voted unanimously to recommend approval of DCA 11-09,with all members present. LRC Review of DCA 11-05 on 8/2/11: The LRC considered DCA 11-05, 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 I1-05, 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 1 10,000 sq. ft. 1 2,500 sq. ft. 1 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. 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. Updated: 10/13/2011 by Mayra Ochiqui C Packet Pg 137 a 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) Updated: 10/13/2011 by Mayra Ochiqui C Packet Pg.138 6.B.a 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 �o 7 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 0 9 prohibit various uses that were found to cause or contribute to adverse effects in commercial land use r W. 0 to districts, including crime, nuisance activities, illegal signage and poor property maintenance; and N WHEREAS, single-price overstock/discount stores, self-service laundry facilities and party 11 d 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 at 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 o 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 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 c 24 overstock/discount stores, self-service laundry facilities and party supply stores subject to approval of a 25 Conditional Use Permit, and recommended that the Mayor and Common Council adopt the amendments w 26 as proposed; and Q 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. 139 6Ba 3 1 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: s d 0 6 SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and 0. 7 hereby adopts and incorporates them herein. .2 s SECTION 2. Findings of Fact. r 9 0 W 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- r 12 price overstock/discount stores, self-service laundry facilities, and party supply stores on a case-by-case 0 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 1s 16 Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land w uses." 17 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill c 1s of new development and revitalization of existing development." o 19 ' rM 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 o 23 w 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 R 2s �. planning." Q 26 27 B. The proposed Ordinance amending the Development Code will not be detrimental to the 28 public interest, health, safety, convenience or welfare of the City. Site-specific review and consideration 2 Packet Pg. 140 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 m a 7 "Prohibited Uses" is hereby amended to read as shown on Exhibit A, attached hereto and incorporated .2 c 3 8 herein by reference. a� 9 SECTION 4. Compliance with the California Environmental Quality Act: The Mayor and 0 U) 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 12 Section 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably c 13 foreseeable indirect physical change in the environment. a w 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 c 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 Ln 19 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 20 ineffective. a U 21 /// v 01 22 /// _ M E 23 0 c d 24 E t v 25 +° Q 26 27 28 3 Packet Pg. 141 6.B.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 LAND USE DISTRICTS SUBJECT TO A CONDITIONAL USE PERMIT. 0 6 a 7 v I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 8 a� 9 Common Council of the City of San Bernardino at a meeting thereof, held on the day 0 10 of , 2011, by the following vote to wit: N 11 � Council Members: AYES NAYS ABSTAIN ABSENT 12 13 MARQUEZ a o� 14 JENKINS cm 15 BRINKER 0 16 SHORETT > 0 17 W KELLEY 0 18 19 JOHNSON o 20 MC CAMMACK a U 21 ° v _ M 22 Rachel Clark, City Clerk '0 0 23 The foregoing Ordinance is hereby approved this day of 12011. W 24 E t v 25 r PATRICK J. MORRIS, Mayor a 26 Approved as to form: City of San Bernardino 27 JAMES F. PENMAN 28 City Attorney 4 Packet Pg. 142 6.B.e EXHIBIT A COMMERCIAL DISTRICTS- 19.06 a� 0 19.06.025 PROHIBITED USES MC 1233 10/2/06 1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino c 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: d 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 :E 0 paraphernalia. a. rn B. Single-price overstock/ discount stores — Establishments that sell a broad range of N outlet, close-out, discontinued, liquidation, or overstock and-genefa4-merchandise, and primarily at a single discount price and/or n the low and very low price ranges, c including but not limited to food stuffs, alcoholic beverages, apparel and y accessories, costume jewelry, notions and wares, housewares, fountain refreshments, and toys. This category shall not include single-price overstock °C 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 v 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 o establishments that create an opening in the body of a person for the purpose of inserting jewelry or other decoration. This category shall not include licensed ° physicians, nurses, electrologists, and cosmetologists and shall also not include o 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 2 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: 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 L." same. _ a� E U (6 a.e Q II-19.06-12 Packet Pg. 176 COMMERCIAL DISTRICTS- 19.06 2. Antique Stores — An antique, for the purposes of this ordinance, shall be a 4 work of art, piece of furniture, decorative object, or the like, of or belonging c to the past, and at least 50 years old. This includes any premise used for the v sale or trade of articles of which 90% or more are over 50 years old or have a collectible value. 3 3. Existing, legally established indoor concession malls and outdoor swap W meets,unless otherwise prohibited. w Q E. Check-Cashing, Cash Advance, and Loan Facilities—Establishments that engage, in y whole or in part, in the business of cashing checks, warrants, drafts, money orders, D v 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. 0I- 1. This category shall include any business licensed by the California 0 Commissioner of Corporations to make deferred deposit transactions pursuant to California Financial Code Section 23000 et seq., sometimes referred to as "payday advance,""cash advance,"or"payday loan" services. o .2 2. This category shall not include any ancillary check-cashing facility that is o� u located entirely within a major retailer over 15,000 square feet in size. _ E m 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 0 station(gasoline station). T 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 pawnshop in an unreinforced masonry building to be relocated to another building within 50 feet of the current location. c v 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 LU and/or used automobile tires and accessories. This category shall not include legally c established service stations and auto repair facilities. W E �a Q 11-19.06-13 Packet Pg. 177 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 o categ_ory 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. Q' 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. _ w 0 N L. Parry Supply Stores — Establishments that either exclusively or as a substantial portion of their floor area, sell or rent party supplies and equipment. This categ_ory shall not include party supply stores of at least 2,500 square feet and located in a «' multi-tenant center of at least 20,000 square feet, or party supply stores established in a single-tenant building of at least 10,000 square feet of floor area; and approved 0I- 0. under a Conditional Use Permit. o� 0 N 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. 'N 3. Section 19.06.025(1) shall not apply to any of the enumerated uses if that use is exclusively o°1c established in single independent building exceeding 25,000 square feet in size m m c 0 U r r O T L 0 0 i� E Lr L X W V E U R a+ Q II-19.06-14 Packet Pg. 178'a i I 1 01 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). c U DATE: September 6, 2011 a COPIES: Andrea Travis-Miller,Assistant City Manager; M. Margo Wheeler,Community Development Director; Henry Empeflo,Jr., Senior Deputy City Attorney a� 3 � o Background: N D Development Code Amendment (DCA) 11-05, a proposal to amend Sections 19.06.025(8) and d 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 L Planning Commission, and was reviewed by the LRC on August 2, 2011, and continued for further o. discussion on August 16,2011. The August 16 LRC meeting was canceled. 0 N A complete history of the adoption of Development Code Section 19.06.025, Prohibited Uses, is n 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. E E � a On August 2, 2011, the LRC discussed this item. The staff recommendation, endorsed by the Planning Q Commission by a vote of 6 to 1, was to allow the subject uses to be considered for approval subject to a CUP. A minimum floor area of 8,500 sq. ft. was recommended for the discount stores to limit the 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 Empefto to discuss corKems of the City Attorney's office regarding this item. Mr. Empefio 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.143 Memo to LRC DCA 11-05: Discount Stores and Self-Service Laundries Meeting Date:September 7,2011 Page 2 Staff gathered floor area information for several shopping centers that are familiar to most residents, to provide a frame of reference for consideration of floor area criteria (see attached table). Currently, Section 19.06.025 contains a general exception for any of the listed prohibited uses to be permitted in a shopping center of at least 200,000 sq. ft. Based on the sample of shopping centers in the attached table, staff recommends a minimum floor area of 20,000 sq. ft. as a reasonable size to expect quality property maintenance, security and management. The discretion of the CUP review process, including site-specific conditions of approval, will reinforce the objective location criteria to ensure property { maintenance and business operations that will not create or contribute to public nuisances or blight. a� 0 Staff 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- Q price overstock/discount stores. Otherwise, both discount stores and self-service laundries are typically •2 permitted commercial uses in other cities. Self-service laundry facilities are usually located in multi-tenant retail centers. Due to the nature of these uses being unattended, staff recommends adding a location criterion of a minimum 20,000 sq. ft. ° center for submittal of a CUP application for a self-service laundry. Other requirements, such as N installation of video surveillance equipment, or maintaining clear storefront windows for good D 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. 0 n. The proposed size and location criteria would be verified prior to acceptance of a CUP application. c 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 N 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, E which is already prohibited by the general commercial land use standards in Section 19.06.030(1)(B). �a w 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 a 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. 0 Recommendation: a 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. 1" I Representative Shopping Center Sizes C:EN,rF-.RJ1A)CATION F l.t)C)R Al f fps Central City (Stater Bros.) Plaza {" `Mater Bros. Building: 33 io O sq. tt. F -St. ;Multi-tenant Building ??._it)O -Stater Bros, tenter -Stater Bros. Building: 37.00(}sq. It, v 0 Baseline& Waterman N'(ulti-tenant Building: 94,3 00 v El Super(former Fiesta Foods) Plaza `}`h E1 Super Building: ��,C42.600 p,�. tt. &- Waterman Multi-tenant Building: 14,400 ' El Super Plaza(former Fedco) Multi-tenant Building A: 137.000 sq, It. r Olt Vernon & 4iill -St. 4lulti-tenant Building B: 17,600 sq, It. o 4lulti-tenant Building C: 14-900 sq. It. y E1 Dorado Playa D 4lulti-tenant Blinding A: 13.400 sq. It. West side Nit. Vernon,just South of Baseline 4lulti-tenant Building B: 11.000 sq. 11. Chuck E CheeseiVcrizan tenter L 4lulti-tenant Building A: 19.000 sq. It, oo. `�?5-y65 S. E" St. Multi-tenant Building B: 23,300 sq. t`t. rn 0 99 Cent Only Center ,Multi-tenant Building= ; N 985 S. °E?"St. A: _O.000 sq. It. 4lulti-tenant Building B: 14,800 sq. It. N m E ca Q r C E t ca Q i Packet Pg. 145'' E CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: M Margo Wheeler, Director Subject: An ordinance of the city of San Bernardino amending Section 19.06.425 Dept: Community Development `i'rohihited Uses' of the Development Code to permit single-price overstock/discount stores with a Date: June 6,2011 minimum door area of 8,500 sq,ft, and self-service laundry facilities subject tot a Conditional Use Permit in commercial land use districts. ICC Date: June 20,2411 U Svnopsis of Previous Council Action. tz. .2 None c ar Recommended Motion: r w O FlIat the hearing be closed and said ordinance be laid cover for:final adoption, N m rn O 41. Margo Wheeler,A1CP a M 0 Contact Person: Aron Liang,Senior Planner Phone: 33y.,2 Supporting data attached: Staff Report N P Ward(s): City-wide FUNDING REQUIREMENTS: Amount: N/A E I Source: r Q Acct, Description: c Finance: d Council Motes: _.___. E i M Ageilda Itern,No. -^^ 3S �ifD vr/'c�/rl Packet ft 146 ' I CITY OF SA,Y BERT ARDINO RE t1EST FOR COUNCIL,ACTION STAFF REPORT Subject: In ordinance of the City of San Bernardino amending Section 19,06,025 -Prohibited Ifses" of the Development Code to permit single-price overstowdiscount stores with a minimum floor area of 8,500 sq.11. and self-service laundry facilities subject to a Conditional Use Permit in commercial land use districts.(Development Code Amendment No. f 1-05) am Applicant: M 0 Community Development Department V 00 North U Street San Rernardino,CA 92418 .2 Background: � Q On May 25, 2011, the Planning Commission recommended that the Mayor and Common s Council approve Development Code Amendment No. 11-05 to amend Section 19.06.025 y "irohibited 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.R. and in Section 19.06.025(1)(1) for self-service laundry facilities to be permitted in commercial land use districts,subject to approval of a Conditional Use Permit. s Staff requests that the titayor and Common Council approve Development Code Amendment s No. 11-0; as recommended by the Planning Commission at their meeting of May 25, 2011. The e Planning Commission voted by a majority of 6 to I in favor of the proposed amendment. Commissioners Calera, Eble, Ileasley, l lachen, Mulvihill and Sauerbrun voted in favor of the ° motion and Commis,ioner Coute voted against the motion. Commissioner Durr abstained and c.t Commissioner Rawls was absent. N There are twelve categories of commercial uses that are prohibited by Section 19.06.025 of the E Development Code. Single-price overstock/discount stores and self-service laundry facilities comprise two of the categories of prohibited uses. Section 19.06.025 provides two exceptions to the prohibition of the twelve use categories, One exception is for any business proposed to he ea established in a shopping center containing over 200,000 square feet of floor area; and the other Q cxccption is for any business proposed to occupy a single building exceeding 25,000 square fcet .r c an t aor area. 4) >_ M the +uhjeci ia�de ::rriendmen, will pro�'ide additional cxce lions >pecitic to single price axerstoci,'discount stores and pelf crvice Jaim:raes that wall allow them on soy pnglr-p :n ccimmerrial di;:rtcts. sul tcct to ippro4al of- a Condinorial t'se Permit. The subject code ott cndment will grant the P'annarg C onlni.ss!on the authur* to review individual proposals for ,111910-pried o%ersrock;dtxcuunt ,Iurcb and selt* crvace Laundry facilities through site-.;pecitic anal}tit, fan a case-b -case basis. 'unsistent with Development Code Section 19.21, Table �%Ith rccG*tttmcnda;.uns from ,taff Site-specific CGandtttura) t'sc Permit review Table ltnrvttte fbr analrsrs of potential cian;2icts �,%ith surrounding 'and uses to ensure land use c01tip3t:l7iiity and Consistency with �oa1s.objectives and poltctes Of the General flan. Pal, et Pg.147' i i i i California Environmental Quality Art(CEQA)Compliance: Development Code Amendment No, l t-U5 is exempt from the California Fnvironmentat Quality Act(CEQA),pursuant to Scction 15061(b)(3)of the CE+QA Guidelines, the general rule that an action with no foreseeable physical impact on the environment is exempt. Financial Impact: tione. j m Recommendation: O U l'liat the hearing he closed and that Said ordinance be laid over for final adoption. 2 Attachment 1:Planning Commission Staff Report Dared 141ay 25,2011 t Ordinance O N d N D d r J? .O O L n. N N C d E L V R r Q C d E M V 's R r a EXCERPT FROM 5-25-11 PC MINUTES f;A 4 ol"1911 tia C, i9t1, °ti21 3i.:�'�#AJtttfi' latel el O 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 19.06.025(1)(B) for single-price overstock/discount stores with a minimum floor area of g 8,500 sq. ft. and in Section 19.06.025(1)(J) for self-service laundry facilities to be permitted in commercial land use districts, subject to approval of a Conditional Use c Permit. N d N Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3) Proposed by: City of San Bernardino w Planner: Aron Liang s 0 L Aron Liang gave a description of the proposed Development Code amendment. a a� 0 Hubie Byrne, 6399 Wilshire Blvd., Los Angeles, CA, spoke in favor of the proposed amendment. N c Rick Lazaar, 1901 Orange Tree Lane, Redlands, CA, spoke in favor of the proposed .Ec amendment. w w a Commissioner Coute stated a prediction that dollar stores would eventually take over Wal-Mam C d Suhed 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 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 Pg. 149 I i PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment No. 1 1-05 AGENDA ITEM: 6 HEARING DATE: May 25,2011 WARD: City-wide M 0 APPLICANT: v Community Development Department a 300 North D Street San Bernardino,CA 92418 (909)384-5057 0 r 0 REQUEST/LOCATION: d D A proposal to amend Section 19.06.025 "Prohibited Uses" of the Development Code to provide d 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. 0 CONSTRAINTS/OVERLAYS: v N Not Applicable ENVIRONMENTAL FINDINGS: ;a a Not Subject to CEQA c ® Exempt from CEQA—Section 15061(b)(3) E ❑ No Significant Effects U Potential Effects. Mitigation Measures and Mitigation Monitoring/Reporting Plan Q STAFF RECOMMENDATION: E Recommend Mayor and Council Approval Conditions ❑ Denial ❑ Continuance to: Packet Pg. 150 Alm DCA No. t t-05 Hearing Date 11/25/2011 j Page 2 PROJECT DESCRIPTION The proposed Development Code Amendment would modify Section 19.06.025 "Prohibited Uses" of the Development Code to provide exceptions in Section 19.06.025 (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 facilities to be permitted in commercial land use districts,subject to approval of a Conditional Use Permit. The proposed amendment is shown in underline text below,and the full text of Section 19,06.025 is in Attachment A 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 w in floor area. The proposed amendment would provide additional exceptions specific to single- o price overstock/discount stores and self-service laundries. D Development Code Amendment No. 11-05 will modify Section 19.06.025 (1)(B) and (1)(J) as follows: s 0 Section 19.06.025 PROHIBITED USES `a 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 N 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 "r of a new business, or the relocation of an existing business in the City of San Bernardino within the following categories of commercial uses: E .c R 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 4) 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 a 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 Packet Pg. 151 DCA No. I t-05 Hearing Date I I/25t20i I 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. 'D 0 U BACKGROUND M 'c • October 4,2004-The Mayor and Common Council adopted Ordinance No. MC-1188,an urgency ordinance that established a moratorium on certain designated businesses. _ • June 6,2005 - Mayor and Council adopted MC-l 196 clarifying single-price/discount stores and extending MC-1188. C • October 2,2006 -The Mayor and Common Council adopted MC-1236, an ordinance that y permanently prohibited certain designated businesses. • June 17, 2008 — The Legislative Review Committee discussed the prohibited uses and asked staff to prepare recommendations to consider allowing certain prohibited uses in certain situations and/or at certain locations. 0- • August 5, 2008 — Staff returned to the Legislative Review Committee with specific a recommendations related to single-price overstock/discount stores. c • 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. w • November 18, 2008 — the Planning Commission recommended Development Code Q 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 a Conditional Use Permit by the Mayor and Common Council, with a recommendation from the Planning Commission. r • 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. ANALYSIS Amending the Code as described herein would grant authority to the Planning Commission to consider conditional approval of some single-price overstock/discount stores and self-service Packet Pg. 1 22 J i j DCA No. 11-05 I Nearing 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 19.31, Table 19.31.01, with recommendations from staff. Site-specific Conditional Use Permit review will provide for analysis of potential conflicts with surrounding land uses to ensure land use compatibility and consistency with goals,objectives and policies of the General Plan. FINDINGS 0 i 1. The proposed amendment is consistent with the General Plan. v R a The proposed Development Code Amendment would provide for site-specific review of •_ the subject uses on a case-by-case basis, subject to approval by the Planning ' Commission. The proposed amendment maintain land use compatibility, in balance with m public convenience and public safety, consistent with the following goals and policies of w the General Plan: o U) I y Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land uses." 0 Y Policy 2.2,..10: "The protection of the quality of life shall take precedence during the L 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 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." r c m Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of .Ec 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." d 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. Y Y Q I 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.153 DCA No. 1 1-05 Hearing Date 11125/2011 Page 5 { RECOMMENDATION i 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 I contained in this staff report. Respectfull -Submitted, z 0 U n Liang a Senior Planner a� Approved VWhee bution: w 0 IfAar aN s V Director,ACIP m Z t 0 L Attachment A: Development Code Section 19.06.025 with proposed amendments. ° o� 0 N n N C d E V r w Q C E t V r � a Packet Pg. 154 I I 1 ORDI.'VANCE,\O. 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 14.06 A (COMMERCIAL DISTRICTS), SECTION 19.06.025 (1)(B) AND (1) (,n OF THE SAN BERNARDINO NTUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO PROHIBITED 5 USES. b The Mayor and Common Council of the City of San Bernardino do ordain as follows: C 7 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, 1491„and E 9 10 WHEREAS,on tilay 25, 2011, the Planning Commission of the City of San Bernardino held a noticed public hearing to consider public testimony and a staff report recommending the proposed N �� 1 ordinance as an amendment to the City Development Code, and recommended that the.Mayor and y 11 D 13 Common Council adopt the ordinance as proposed;and m to WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of 0- c the proposed Ordinance was published in The Sun newspaper on June 10,2011; a 15 0 JG NOW THEREFORE, THE MAYOR AND CO,'NLMON COUNCIL OF THE CITY OF SAN N �� 17 BERNARDINO DO ORDAIN AS FOLLOWS: � a� 1s E SECTION I. The-Mayor and Common Council finds that the above-stated Recitals are true and � 19 t>s hereby adopts and incorporates them herein. a 20 SECTION 2. F:'ndtnes of Faci. as 21 E t 22 A, The Ordinance amending the Development Code is consistent with the General Plan of � Q City of San Bernardino, The proposed Development Code amendment is inte improve and 23 the ttt nded businesses in the City.�a ty. T7te recommended text amendment provides a process for adding single-price overstocks discount stores with a minimum: floor area of 8,500 sq.ft. and self-service laundry facilities, to 25 26 promote businesses consistent with the followving goals and policies of the General Plan: Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land ' 27 uses." �s —' Packet Pg. 1 a5 0 I _Policy 2.2.10: "The protection of the quality of life shall take precedence during the review of 2 new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of ro jects 3 that result in impacts that Outweigh benefits to the public." p 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 Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of development, land � 0 7 use flexibility and customized site development standards shall be achieved through various master a $ planning devices, such as specific plans,planned development zoning and creative site planning " q . c B. The Ordinance amending the Development Code will not be detrimental to the public to interest, health,safety,convenience or welfare of the City. The proposed amendment of the d s 0 i I Development Code would serve the public interest by providing a process through site-specific analysis H 12 on a case-by-case basis,consistent with Development Code Section 19.31, Table I9.3I.0I. The t3 proposed amendment will expand opportunities for businesses in the City, with a process that will 14 protect values in the interest of general health, safety and welfare. 0 0 L CL s SECTION 3. San Bernardino ;Municipal Code (Development Code) Section 19.06.025 (1)(B) o> 16 and (1) (J) are hereby amended to read as shown on Exhibit A, attached hereto and incorporated herein c., 17 by reference. c as E SECTION 4. Corn Hance with the California Environmental uali Act: !9 w 24 The Mayor and Common Council finds that the proposed amendment to Section 19.06 025 Q (1)(B)and(1)(J) of the Development Code is exempt from the California Environmental Quality E C 'i (CE QA) E Q )pursuant to Section 15061(b)(3)of the CEQA Guidelines, the general rule that activities that will not result in a direct or reasonably Foreseeable indirect physical change in the environment are w Q 13 exempt from environmental review. :4 25 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase a in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court Of competent jurisdiction, such decision shall not affect the validity or effectiveness of the :7 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council -8 declares that it would have adopted each section irrespective of the fact that any one or more hereby 2 tsaclCet Js '5�;-. r l� 1 subsections,subdivisions,sentences, clauses,or phrases be declared unconstitutional, invalid, or z ineffective. 4 5 6 01 O 7 U R S 8 •� •_ 9 � O 10 r 4•. O 11 N CD h 12 'a 13 ' Z 14 p L IL 13 Q� 16 17 c d 18 E s v 19 cv .r w. Q d 21 E U i tC r+ Q 3 ka 25 26 27 13 Packet Pg. 157 t AN ORDINANCE OF THE CITY OF SAN BERNARDINO A,'VfEND G CHAPTER 19.06 2 (COMMERCIAL DISTRICTS), SECTION 19.06.025 (1)(B) AND (I) (.I) H THE SA.Y BEIL'VARDINQ ,lfVNICIPAL COME (DEVELOPNfENT CODE) RELATED TO PROHIBITED 3 USES. 4 s I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a G meeting thereof,held on the day c 7 of ,201 I, by the following vote to wit: v M s a '2 Council Members: AYES NAYS AB— STAIN ABSENiT MARQUEZ t tl ..., VACANT C N 12 BRINKER M m 13 SHORETT t 14 KELLEY a 15 o� JOHNSON N tb v 17 MC CAMMACK r c 1s E 19 Q 20 Rachel Clark, City Clerk c d 21 The foregoing Ordinance is hereby approved this day of E s +7 r Q :3 `' PATRICK J. !MORRIS, Mayor Approved as to form: City of San Bernardino JAMES F. PEN-VAN City Attorney Z? / /4 Packet Pg. 158 _ �.lu:' D.B. ATTACFIIIENT A C©11`LERCL L DISTRICTS- 19.06 19.06.025 PR©KIBITED USES MC 1233 10/2,'06 1 Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, Permit, Certificate of Occupancy, or Zoning Verification Development Permit, Building Fe 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: M 0 A. Smoke Shops — Establishments that either exclusively or as a substantial portion Ta (+50%) of their floor area, sell cigarettes, cigars,pipes, bongs, tobacco, and related paraphernalia. .0 E 0 B. Single-price overstock/discount stores — Establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock and general merchandise, ,- s primarily at a single discount price and/or in the tow and very low price ranges, 0 including but not limited to food stuffs, alcoholic beverages, apparel and N m accessories, costume jewelry, notions and wares, housewares, tbuntain N refreshments, and toys, This Y cat ry shall not include sin le-,price overstock'discount stores containin a minimum floor area of S 500 s size and approved under a Conditional Use Permit. care feet in 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 0 marks upon or under the skin with ink or any other substance,by the aid of needles N or any other instruments designed to touch or puncture the skin, resulting in either ci 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 °1 inserting jewelry or other decoration. This category shall not include licensed E s physicians, nurses, electrologists, and cosmetologists and shall also not include jewelry stores that offer ear piercing, Q D. Second Nand Stores/Thrift Stores—Establishments that sell used merchandise such � m as clothing and shoes, household furniture, home furnishings and appliances, books and magazines• office lumiture, used musical instruments, used phonographs and records, used Fixtures and equipment. including re-sale shops, consignment shops, R and simi!ar businesses. This Late gon-� Q �. hall not include the following: t Mures owned or operated h}°existing entities recognized as non-profit by the Seeretan� of State of the State of Caiifornia. and in "good status" %%ith the same. 11-59 Packet Pg. 159 _r COMMERCIAL DISTRICTS- 19.06 ?. antique Stores— An antique, for the purposes of this ordinance, shall be a work of art,piece of furniture,decorative object, or the like,of or belonging to the past,and at least 50 years old. This includes any premise used for the sale or trade of articles of which 90%or more are over 50 years old or have collectible value. 3. Existing, legally established indoor concession malls and outdoor swap meets,unless otherwise prohibited, E. Check-Cashing, Cash Advance,and Loan Facilities—Establishments that engage, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, 0 or other commercial paper serving the same purpose,such facilities do not include a V state or federally chartered bank, savings and loan association, credit union, or industrial loan company. .2 'c l• This category shall include any business licensed by the California d Commissioner of Corporations to make deferred deposit transactions pursuant to California Financial Code Section 23000 el seq., sometimes o referred to as"payday advance,""cash advance,"or"payday loan"services. ai N 2. This category shall not include any ancillary check-cashing facility that is located entirely within a major retailer over I5,000 square feet in size. 0 F. Convenience Stores (if located within a one mile radius or another convenience t store) — The retail sale of groceries, staples, sundry items, and/or alcoholic a 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 N station(gasoline station), .. N C' Pawn Shops — Businesses that loan money or other items of value to any person, 0 firm or corporation, upon any personal property,personal security or the purchasing of personal property and reselling or agreeing to resell such articles at prices Previously agreed upon. This category shall not include any legally established � Q pawnshop in an unreinforced masonry building to be relocated to another building within 50 feet of the current location. c 0 E li• :Automotive Stereo Shops—Establishments that either exclusively or as a substantial � portion (-50"0 of their floor area, sell and install automotive stereos and accessories. This category shall not apply to the establishment of a new -Nuromotive Q titcrecr shop in the.Auto Center Plaza area, 1. Tire Stores — Establishments less than 5,000 square feet in size which sell new and/or used automobile tires and accessories. This category shall not include legally established service stations and auto repair facilities. II-60 COMMERCIAL DISTRICTS- I9.06 1. Self-service Laundry—Any commercial establishment providing the use of self- : service washing machines and dryers to the public, usually coin-operated. This category shalt not include self-service Laundries a raved under a Conditional Use Permit. i K. Recycling Center--Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public. L. Party Supply Stores — Establishments that either exclusively or as a substantial c portion of their floor area,sell or rent party supplies and equipment. v 2. Section 19,06.025(]) shall not apply to any of the enumerated uses if established in a !a Q. shopping center or malt containing over 200,000 square feet of floor area and that have at least one major commercial-anchor-tenant. _ 3. Section 19,06-025(1)shall not apply to any of the enumerated uses if that use is exclusively s established in single independent building exceeding 25,000 square feet in size c d U) m w 0 L a 0 N r N C U E U RS .o-. a.+ Q C U E t U fQ Q 11-61 Packet Pg.161 i ATTACHMENT 3 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 party supply stores subject to a conditional use permit(DCA 11-09). DATE: September 6,2011 0 COPIES: Andrea Travis-Miller, Assistant City Manager; M. Margo Wheeler, Community Development Director; Henry Empeilo,Jr., Senior Deputy City Attorney a .2 'c 0 d Background: 0 N Development Code Amendment (DCA) 11-05, a proposal to amend Sections 19.06.025(B) and 19.06.025(J) to permit single-price overstock/discount stores over 8,500 sq. ft. in floor area and self- service laundry facilities subject to a conditional use permit (CUP), has been recommended by the Planning Commission, and has been reviewed by the LRC and continued for fitrther discussion on c September 7, 2011. a 0 After the first public hearing of DCA 11-05, staff received inquiries about a similar Code amendment N for party supply stores, which are currently prohibited by Section 19.06A25(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 patty supply stores for stores E that meet the following size and location criteria to be considered for approval by a CUP: r * Single-tenant buildings: minimum 8,500 sq. ft. a • Multi-tenant centers: minimum 20,000 sq. ft.. center and minimum 2,500 sq. ft. tenant space. t The above criteria would be required for acceptance of a CUP application. The Planning Commission would then consider the specific location and improvement plans to determine if the site is appropriate a 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 ,mforcement actions. Failure to comply ti%ith the conditions of approval is grounds for the Planning c0mnlissic n to modify or revoke a C11'P. pursuant to Section 19,36.100 of the Development Code. i i a Packet Pg. 162 Memo to LRC Development Code Amendment No. I 1-09 Meeting Date: September 7,2011 Page i The attached Planning Commission Staff Report contains additional background,g 3 analysis and findings for approval. The Planning Commission voted unanimously to recommend approval of DCA 11-Q9. Recommendation: i E Staff recommends that the LRC recommend approval of DCA 11-©9 to the Mayor and Council. Attachment: Planning Commission Staff Report O U Q .v m t .r y— O N O N ]1 D 1 d r t O E a` o 0 N r M Y E V bd Q Y 1_ V Y Q Packet Pg. 163 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 V Vice-Chair Heasley asked for clarification on the term"Party Supplies." Q Commissioner Jimenez asked why this amendment was coming to the Planning ; Commission. aD s Terri Rahhal said the amendment was being proposed to allow companies the ability to 0 apply for business licenses in San Bernardino. y Commissioner Lopez asked if the Conditional Use Permits would specify no outdoor storage. t 0 Terri Rahhal said conditions would be presented to the•Planning Commission for each a Conditional Use Permit proposed. o N r M � Commissioner Eble Hated that many stores that advertise as party supplies stores display different inventory outside the establishments. d E s Commissioner Mulvihill made a motion to recommend approval of Development Code r Amendment No. 11-09. Commissioner Rawls seconded the motion. a The motion carved by the following vote: Ayes: Coute, Durr, Eble, Heasley, Lopez, Jimenez, E Machen, Mulvihill and Rawls. Nays: None. Abstain: None. Absent:None. r a E r 1 f=M_'{`r�'3 �.�'sa1►lt��l �"� to '� ';.:L, I �'' ia� 'Ay'�tr.'�? x ..���'€�1�i'Lr i}�a' � LX.+�ao-��i�i.t� ,T Page 4 of 5 08/ Packet Pg. 164 1 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment Na. 11-08 _AGENDA ITEM: 6 HEARING DATE: .August ?I, 2o I WARD: City-wide APPLICANT: d Community Development Department o U 300 North D Street San Bernardino, CA 92418 'v (909) 384-5057 d REQUEST/LOCATION: O N 41 rA proposal to amend Section 19.06.025 "Prohibited Uses" of the Development Code to provide � an exception in Section 19.06.025 i L) for ( { party supply Stares to be permitted in commercial land use districts, subject to approval of a Conditional Use Permit. B M o L a CONSTRAINTS/OVERLAYS: rn 0 N T_ Not Applicable M r C d ENVIRONMENTAL FINDINGS; E t © Not Subject to CEQA a ® Exempt from CE QA -Section 15061(b)(3) r m ❑ No Significant ElTects E ❑ Potential Effects, iMitigation i'vteasures and 'Mitigation �IMonitoring,1Rcporting Plan a STAFF RFCOMMENDA Cit)N: Recommend Mayor and Council Approval Conditions ❑ Denial Continuance to: Packet Pg. 165 _ I tearing Date 4/24/2011 P'ige 7 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. ['he proposed Development Code Amendment (DCA 11-08) would. modify Section 19.06.025 "Prohibited Uses" to provide an exception in Section 19.06.025(I)(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 0 1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino n. Municipal Cale, including the Development Cade, no Conditional Use Permit, Development E 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 r within the fallowing categories of commercial uses: o 0 Q 1_ Party Supply Stores— Establishments that either exclusively or as a substantial portion of 0 their floor area, sell or rent party supplies and equipment. This cateizory shall not include 2 uartv iWI21v stores aonroved under a Conditional Use Permit to be established in a single-tenant building with a minimum floor area of 8,500 Nu are feet or in a tenant space of at least 2.500 s care feet in a multi-ten t building of at least 20,000 s gore feet. CD o� j The full text of Section 19.06.025, with proposed modifications, is in Attachment A. M SETTING/AREA OF EFFECT = E The proposed Development Cade Amendment No. 11-08, would apply in commercial land u e districts, City-wide. r a BACKGROUND d E s October 4, 2004 -- the ?Vlayor and Common Council adopted Ordinance No. MC-1188. 1° an interim urgency ordinance prohibiting certain designated businesses. Q • .tune 6, 21005 —,Mayor and Council adopted NIC-1196, ;amending and extending MC-1188 (MC-1 ISS and MC-1196 did not prohibit party supply stores). August 22, 2006 — The Legislative Review Committee (LRC) reviewed the interim ordinance and recommended revisions for a permanent ordinance tun+eriding the Development Code. The LRC recommended adding party supply stores and small recycling facilities to the list of prohibited uses, and recommended a 5-year 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 25,0W sq. 11. or in shopping centers over 200,000 sq. (2. with major anchor tenants. !'he LRC Also rescinded the recommendation of a sunset clause. Packet Pg. 166 ATM DCA No. 11-08 I fearing Date W24i101 I Page 3 • September 6, 2006 — The Planning Commission recommended approval of DCA 06-02, to add Section 19.06.025 to the Development Code as recommended by the LRC. • October 16, 2006 - The ;'Mayor and Common Council adopted MC-1236, an ordinance adding Section 19.06.025 Prohibited Uses to the Development Cede. ANALYSIS Section 19.06.425 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 25,404 square feet in floor area. The other exception applies to locations in a shopping center containing over 204,040 square feet of floor area. DCA 11-08 would grant authority to the o Planning Commission to consider conditional approval of certain party supply stores that would L) not be permitted under the existing exceptions. "Phis 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 o ' application of conditions of approval to ensure land use compatibility and operation consistent with Development Code regulations and with goals and policies of the General Plan. To avoid compliance problems with very small stores in multi-tenant centers that tend to display products outside and to clutter store windows with excessive signage to attract consumer attention, :staff proposes including the following location criteria and floor area standards in addition to the CUP requirement in DCA 11-08: ° a 0 Party Supply Store Location and Area Criteria/ Prerequisites for CUPAPPlication M LOCATION MINIMUM AREA � E Single-Tenant Building 8_500 sq. #t. r a Multi-Tenant Center 20,004 sq. ft.center a 2,500 sq. ft. tenant space E a Fhe purpose of setting minimum floor area standards is to require investment in a substantial ivtail space that requires a basic level of property maintenance and security. `rhe 8,500 sq. t}. threshold for a single-tenant building is the same size recommended in a similar amendment proposed for discount stares. Small retailers located in a large multi-tenant center typically henefit from security services and site improvements provided for the whole center which in-line ►enants might not be able to provide individually. The fallowing table provides context ti)r the ,;hopping canter area recommendation. Packet Pg. 167 o � D A No. I f-08 1-1caring Date 8/24x2011 Page 4 Re resentative Sho pping Center Sizes CENTER/LOCATION FLOOR AREAS Central City(Stater Bros.) Plaza Stater Bros. Building: 33,500 sq. 11. 4`a' & F St. Multi-tenant Building: 22,500 Stater Bros. Center Stater Bros. Building: 37,000 sq. 11. Baseline& Waterman Multi-tenant Building: 94,300 El Super(former Fiesta Foods) Plaza El Super Building: 42,600 sq. it d 9th& Waterman Multi-tenant Building.: 14,400 0 El Super Plaza(former Fedco) Multi-tenant Building A: 137,000 sq. ft. ( a f 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. Nit. Vernon,just south of Baseline Multi-tenant Building B: 11,000 sq. ft. ° a) Chuck E CheesefVerzon Center Multi-tenant Building; A: 19,000 sq. A. 955-965 S. "E"St. Multi-tenant Building B: 23,300 sq. ft. 2 .a L 99 Cent Only Center Multi-tenant Building A: 30,000 s+ . , ° ft 985 S. "E" St. Multi-tenant Building B: 14,800 sq. ft. a J o N CALIM1 NIA EIYVIRQNMENT +.L t UALITV 1C T WEQA) M r I'lae 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. r Q FINDINGS E 1. Ae proposed amendment is consistent with Me General Plan Q The proposed Development Code Amendment would provide for site-specific review of the retail sales and rental of party supplies on a case-by-case basis, subject to approval by the Planning Commission. Me conditional use permit review and approval process would tmsurc land use compatibility, in balance with public convenience and public safety, consistent with the fallowing goads and policies of the General Plan: Coal 3.2: "Promote development that integrates with and minimizes impacts on Surrounding land uses." Goa 2A "Enhance the quality of life and economic vitality in San Bernardino by :strategic infill of new development and revitalization of existing development." Packet Pg. 168 6.B.c WA No. I l-oi I earing Date 8/2412011 Page 5 Policy 2.2.10: "The protection of the quality of life shall take precedence during the review of new projects.Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public." Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of development, lard use flexibility and customized site development standards shall be achieved through various master planning devices, such as specific plans, planned development zoning and creative site planning.," 2. The proposed amendment would not be detrimental to the public interest, health, safety, 3 convenience or tive#itre gl*the City. o i U 1 Site-specific review and consideration of potential health and safety concerns, land use Q- { compatibility, zoning and property maintenance compliance issues by the Planning Commission will ensure that party supply stores will not create nuisance conditions or 2 degrade the appearance of commercial districts where they may be located. `lfierefore, the (D proposed Development Code Amendment serves the public interest and would not be c detrimental to public health,safety, convenience or general welfare. d CONCLUSION The proposed Development Code Amendment is consistent with the General Plan and would 0 serve the public interest,as supported by the findings of fact recommended for adoption. a. CD RECOMMENDATION N Staff recommends that the Planning Commission recommend approval of Development Cade c Amendment No. 11-08 to the Mayor and Common Council, based on the Findings of Fact E contained in this staff report. r Respectfully Submitted, a c - �a Perri Rahhal. MCP Q City Planner .Approved for Distributitmt r t" � fir•.-..,/� M. Margo Wheeler,AICP Community Development Director Attachment A: Development Code Section l 9.06.025 with proposed amendment. Packet Pg. 169 F 6.B.c AITACHMEN'T Ct)MMERCIAL DISTRIC CS- 19.o(i i 19.06.025 PROHIBITED USES MC 123610/16/06 1. Notwithstandin g any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Pe it, i Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review), shall be issued or granted for the establishment of a new business,or the relocation of an existing business, in the City of San Bernardino within the following categories of commercial uses. o A. Smoke Shops — Establishments that either exclusively or as a substantial portion L) (+50%) of their floor area, sell cigarettes,cigars, pipes, bongs, tobacco, and related a paraphernalia U .E jB. Single-price overstock/discount stones — Establishments that sell a broad range of � l cutlet, close-out, discontinued, liquidation, 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 stuffs, alcoholic beverages, apparel and accessories, costume jewelry, notions and wares, housewares, fountain reti-eshments,and toys. C. Tattoo Parlors and/or Body Piercing Studios — Establishments that engage in away a 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 N or any other instruments designed to touch or puncture the stein, resulting in either M 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 E inserting jewelry or other decoration. 'Mis category shall not include licensed physicians, nurses, elecctrologists, and cosmetologists and shall also not include jewelry.Mores that offer ear piercing. Q D. Second Hand Storstiltrift Stores-- Establishments that sell used merchandise such s as clothing and shoes, household furniture, home furnishings nd-appliances. books 2 > 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: i. Stores owned or operated by existing entities recognized as non-profit by the Secretary of State of the State of California, and in "good status" with the game. 2. antique Stores — An antique, for the purposes of this ordinance, shall he a work of art, Piece of fumiture, 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 . 6.B.c COMMERCIAL DISTRICTS- 19.06 sale or track 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 E meets, unless otherwise prohibited. E. Check-Cashing,Cash.Advance,and Loan Facilities- Establishments that engage, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the Name purpose,such facilities do not include a state or federally chartered hank, savings and loan =association, credit union, or industrial loan company. 0 U 1, This category shall include any business licensed by the California a Commissioner of Corporations to make deferred deposit transactions pursuant to California Financial Cadge Section 23000 cat .seq., sometimes � referred to as"payday advance,""cash advance,"or"payday loan"services. d r .r 2. this category shall not include any ancillary check-cashing; facility that is 0 located entirely within a major retailer over 15.000 square feet in size, y r F. Convenience Stores (if located within a one mile radius or another convenience store) _ The retail sale of traceries, staples, sundry items, and/or alcoholic o beverages where the gross floor area is less than 3,000 square feet. This category a shall not include any convenience store located on the same parcel with a service o; nation(gasoline station). 0 N r 0. fawn Shops - Businemes that loan money or other items of value to any person, firm or corporation, upon any personal property, personal security or the purchasing E of personal property and reselling or agreeing to resell such articles at prices previously agreed upon, this category shall not include any legally established Z pawnshop in an unreinforced masonry building to Fe relocated to another building a within 50 feet of the current location. E H. Automotive Stereo Shops-Establishments that either exclusively or as a substantial portion (+5001x) of their floor area, sell and install automotive stereos and a accessories. This category shall not apply to the establishment of a new Automotive Stereo shop in the Auto Center Plaza area. 1. Tire Mores - Establishments less than 5,000 square feet in size which sell flew and/or used automobile tires and accessories. This category shall not include legally established service stations and auto repair facilities. J. *'self-service l.aunclry - Any commercial establishment providing the Ilse of Self- service washing machines and dryers to the public, usually coin-operated. 6.B.c COMMERCIAL DISTRICTS- 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. Party Supply Stores — Establishments that either exclusively or as a substantial portion of their floor area, Nell or vent party supplies and equipment. This category shall not include party supply stores Gappnwed under a Conditional Use ­--it to be established in a sin le-tenant building 4vith a minimum floor area of 3.500 square feet. or in a tenant space of at least ? 500 square feet in a multi tenant building of at least 20 t}00 square feet 0 U iv 2. Section 19.06.025(1) shall not apply to ny of the enumerated u if established in a c shopping center or mall containing over 200.000 squaare feet of floor area and that have at a least one major commercial-anchor-tenant, a 0 3. Section 19.06.025(l)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 D d 0 L o. 0 N T M C d E t U Rf Q r+ C d E L U f4 Q Packet Pg. 172 s.B.a EXHIBIT COMMERCIAL DISTRICTS- 19.06 19.06.025 PROHIBITED USES MC 1233 10/2/06 1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for c 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 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 N B. Single-price overstock/discount stores — Establishments that sell a broad range of j outlet, close-out, discontinued, liquidation, or overstock and general merchandise, primarily at a single discount price and/or in the low and very low price ranges, == including but not limited to food stuffs, alcoholic beverages, apparel and accessories, cost-Lune jewelry, notions and wares, housewares, fountain ° a refreshments, and toys. This category shall not include single-price overstock/discount stores containint, a minimum floor area of 9,000 square feet in N size and approved under a Conditional Use Permit. C. Tattoo Parlors and/or Body Piercing Studios — Establishments that engage in any method of placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either o the coloration of the skin, or the production of scars or scarring and/or v 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 R jewelry stores that offer ear piercing. r D. Second band 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. II-19.06-1.2 Packet Pg. 173 6.B.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. 0 U E. Check-Cashing, Cash Advance, and Loan Facilities—Establishments that engage,in M 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. r 0 1. This category shall include any business licensed by the California y Commissioner of Corporations to make deferred deposit transactions n pursuant to California Financial Code Section 23000 et seq., sometimes d referred to as"payday advance,""cash advance,"or"payday loan"services. 72 0 L 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 r F. Convenience Stores (if located within a one mile radius or another convenience store) — The retail sale of groceries, staples, sundry items, and/or alcoholic beverages where the gross floor area is less than 5,000 square feet. This category shall not include any convenience store located on the same parcel with a service station(gasoline station). _ 0 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 c of personal property and reselling or agreeing to resell such articles at prices previously agreed upon. This category shall not include any legally established pawnshop in an unreinforced masonry building to be relocated to another building -2 within 50 feet of the current location. w H. Automotive Stereo Shops— Establishments that either exclusively or as a substantial E 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. a I. 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 _ y Packet Pg. 174 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. 0 U L. Party Supply Stores — Establishments that either exclusively or as a substantial R portion of their floor area, sell or rent party supplies and equipment. This category EL 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 simply stores established in a sib le-tenant building of at least 10,000 square feet of floor area. 4- 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. d Z 3. Section 19.06.025(1) 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 o� 0 N r OS C w d d V C 3 O U V_ r M O r !C t X W c d E r a 1I-1.9.06-14 r Packet Pg. 175 '` 6.B.e EXHIBIT A COMMERCIAL DISTRICTS - 19.06 a� 0 19.06.025 PROHIBITED USES MC 1233 10/2/06 1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino c 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 c 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: M d A. Smoke Shops — Establishments that either exclusively or as a substantial portion a (+50%) of their floor area, sell cigarettes, cigars, pipes, bongs, tobacco, and related :E 0 paraphernalia. a rn 0 B. Single-price overstocks discount stores — Establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock and ge l-merchandise, and primarily at a single discount price min the low and very low price ranges, c including but not limited to food stuffs, alcoholic beverages, apparel and y accessories, costume jewelry, notions and wares, housewares, fountain > refreshments, and toys. This category shall not include single-price overstock discount stores containing a minima n floor area of 9,000 square feet in size and c 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 0 marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring and/or o 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 0 physicians, nurses, electrologists, and cosmetologists and shall also not include 2 Y 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 2 and magazines, office furniture, used musical instruments, used phonographs and a records, used fixtures and equipment, including re-sale shops, consignment shops, M and similar businesses. This category shall not include the following: Y 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 s Y Y a II-19.06-12 Packet Pg. 176 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 U sale or trade of articles of which 90% or more are over 50 years old or have a collectible value. •2 3 3. Existing, legally established indoor concession malls and outdoor swap meets,unless otherwise prohibited. 0 U) 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 r state or federally chartered bank, savings and loan association, credit union, or industrial loan company. a 1. This category shall include any business licensed by the California N Commissioner of Corporations to make deferred deposit transactions pursuant to California Financial Code Section 23000 et seq., sometimes referred to as "payday advance,""cash advance,"or"payday loan"services. o .2 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. _ r d F. Convenience Stores (if located within a one mile radius or another convenience g 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 Z 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. H. Automotive Stereo Shops—Establishments that either exclusively or as a substantial M 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. s 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. E s co r r Q II-19.06-13 Packet Pig.177 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 c 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 .2 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. Y O U) L. Party Supply Stores — Establishments that either exclusively or as a substantial portion of their floor area, sell or rent party supplies and equipment. This category shall not include party supply stores of at least 2,500 square feet and located in a 2 multi-tenant center of at least 20,000 square feet, or party supply stores established in a single-tenant building of at least 10,000 square feet of floor area; and approved ° a` under a Conditional Use Permit. 0 N 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 r least one major commercial-anchor-tenant. o .N 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 r as d c 3 O U r 0 L O W ° r G L O S cc d b.• Q. X W r E V R ♦r Q II-19.06-14 Packet Pg. 178