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HomeMy WebLinkAbout13- Planning & Building Services CITE' OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: Amendments to Title 19 and Chapter 5.22 8161; Pertaining to Outdoor Sales and Displays Dept: Planning & Building Services Date: May 2, 1996 MCC Date: May 20, 1996 Synopsis of Previous Council Action: The Legislative Review Committee directed staff to prepare revisions to the Municipal Code, including the Development Code, to remove the discrepancies related to temporary outdoor sales and displays. Recommended Motion: That the hearing be closed and that the Mayor and Common Council waive the first readings and that the ordinance be laid over for final adoption. r _3 Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report and Ordinances (2) Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No._ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Amendments to various sections of the Development Code and Chapter 5.22 of the Municipal Code pertaining to outdoor sales and displays. Mayor and Common Council Meeting of May 20, 1996 KEY POINTS There are discrepancies between the Development Code requirements in Title 19 and Chapter 5.22 of the Municipal Code related to outdoor sales and displays. Title 19 allows outdoor sales and displays twice a year for four consecutive days, subject to a Temporary Use Permit. Chapter 5.22 permits limited outdoor sales/displays, but does not specify the frequency or duration. - This amendment will delete the requirement from Chapter 19.70 for a Temporary Use Permit for temporary outdoor sales/displays and will add a provision to Chapter 5.22 to require a permit for temporary outdoor sales/displays. - Temporary outdoor uses (Christmas tree sales lots, carnivals, etc.) not associated with a business in a building will still be subject to Chapter 19.70. - This amendment will add a provision to Chapter 19.06 to allow permanent outdoor sales and display areas for major commercial uses such as home centers (15,000 sq. ft. and larger). - This amendment does not permit outdoor storage in commercial areas on a temporary or permanent basis. Outdoor storage is permitted in industrial areas pursuant to Chapter 19.08 of the Development Code. ENVIRONMENTAL DETERMINATION These amendments are exempt from CEQA pursuant to the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The changes clarify existing requirements. Outdoor Sales/Displays MCC Mtg. of 5/20/96 Page 2 PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the proposed amendments to the Development Code and recommended that the Mayor and Common Council approve them, along with the associated amendment to Chapter 5.22. The Planning Commission vote was 5-0 in favor (Commissioners Thrasher, Hamilton, Stone, Gaffney and Schuiling; Commissioners Brue, Cole, Gonzales, Strimpel and Traver absent). RECOMMENDATION Staff recommends that the Mayor and Common Council approve the amendments to Title 19 of the Development Code and Chapter 5.22 of the Municipal Code. EXHIBITS: A Planning Commission Staff Report (includes strike-out/underline of proposed revisions) B Ordinance - Amendments to Title 19 C Ordinance - Amendments to Chapter 5.22 I i I 1 EXHIBIT A SUNUqARY CITY OF SAN BERNARDINO PLANNING DIVISION ----------------------------------------------- ----------------------------------------------- CASE: Development Code Amendment No. 94-03 AGENDA ITEM: 8 HEARING DATE: 12-12-95 WARD: Citywide APPLICANT: CITY OF SAN BERNARDINO OWNER: N/A REQUEST / LOCATION - Modification of requirements relating to outdoor sales/displays. ----------------------------------------------- ----------------------------------------------- EXISTING LAND USE PROPERTY LAND USE DESIGNATION SUBJECT N/A N/A NORTH SOUTH EAST WEST GEOLOGIC/SEISMIC YES ❑ FLOOD HAZARD YES ❑ SEWERS: YES ❑ HAZARD ZONE: NO ■ ZONE: NO ■ NO ■ HIGH FIRE HAZARD YES ❑ AIRPORT YES ❑ REDEVELOPMENT YES ❑ ZONE: NO ■ NOISE/CRASH NO ■ PROJECT AREA: NO ■ ZONE: ENVIRONMENTAL FINDINGS: STAFF RECOMMENDATION: ■ Not Applicable ❑ Potential Effects, ■ APPROVAL (Previous Mitigating Measures, Mitigated No E.I.R. ❑ CONDITIONS Negative Declaration) ❑ E.I.R. w/Significant ❑ DENIAL Effects ❑ Exempt ❑ CONTINUANCE ❑ Significant Effects, TO: ❑ No Significant See Attached E.R.C. Effects Minutes DEVELOPMENT CODE AMENDMENT NO. 94-03 Agenda Item No. 8 Hearing Date: December 12, 1995 Page 1 REQUEST: The request is for an amendment to the Development Code to modify the requirements and procedures relating to outdoor sales and displays. The amendment will be applicable Citywide. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS: Pursuant to Section 15061(b-3)of the CEQA guidelines, the proposal to modify the requirements for outdoor sales and displays is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed changes to the Development Code are to clarify the requirements for outdoor sales and displays within the City and will not impact the environment. BACKGROUND: The Legislative Review Committee (LRC) discussed outdoor sales and displays and the discrepancies between Title 19, the Development Code, and Chapter 5.22 of the Municipal Code. The LRC directed Planning Staff to address the issues through the Development Code Revision process. i The City Clerk's Office is concurrently processing a Municipal Code Amendment to modify Chapter 5.22 as shown in Attachment C. ANALYSIS: Proposal The Development Code Amendment will delete the requirement of obtaining a Temporary Use Permit to allow temporary outdoor sales and displays. Outdoor sales and displays will still be allowed on a temporary basis pursuant to Chapter 5.22 of the City of San Bernardino Municipal Code. The amendment will also add a provision to allow sales and displays for major tenants (15,000 sq. ft. and larger). General Plan Consistency The proposed Development Code Amendment does not conflict with the General Plan in that the deletion of certain provisions is for the purpose of rectifying an inconsistency. The inclusion of a provision for permanent outdoor sales/displays areas is consistent with Goal 1G(a) in that it will help to enhance established commercial districts. DEVELOPMENT CODE AMENDMENT NO. 94-03 Agenda Item No. 8 Hearing Date: December 12, 1995 Page 2 AMENDMENT The proposed changes to the Development Code included in this amendment are shown on Attachment A. CONCLUSION: The request is to amend the Development Code by removing the Temporary Use Permit requirement to allow outdoor sales and displays. Temporary outdoor displays will still be allowed pursuant to Chapter 5.22 of the Municipal Code. The proposal is exempt from CEQA as it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. No significant environmental impacts will occur as a result of the proposal. The amendment is consistent with the General Plan. RECOMMENDATION: Staff recommends that the Planning Commission recommend that the Mayor and Common Council approve Development Code Amendment No. 94-03 based on the Findings of Fact (Attachment "B"). Prepared by: Valerie C. Ross, Principal Planner Prepared for: Michael Hays, Assistant Director - Planning and Building Services Attachment: A - Proposed Revisions B - Findings of Fact C - Municipal Code Section 5.22 DEVELOPMENT CODE AMENDMENT NO. 94-03 Agenda Item No. 8 Hearing Date: December 12, 1995 Page 3 ATTACHMENT A Proposed Revisions NOTE: STRIKE THROU IS PROPOSED TO BE DELETED. BOLD TEXT IS PROPOSED TO BE ADDED. SECTION 19.02.050 DEFINITIONS Sirl°wa!I�in,fl.rd g T ^+ Sale. Outdoor Sales/Displays. A Promotional sales event conducted by .��u�� 1 or more businesses which is held outside the confines of the commercial structure(s) in which such business is normally conducted and which sale involves the outdoor display within a paved or concreted area on the same lot as the structure(s) of merchandise which is normally displayed within the structure(s). Sale events shall be conducted solely on private property and not encroach within public rights-of-way. SECTION: 19.06.030(1)(B) COMMERCIAL LAND USE DISTRICT STANDARDS 1. All indoor uses shall be conducted within a completely enclosed structure. Limited outside uses (e.g. patio dining areas and nursery sales limited to plants and trees) or permanent outdoor sales and display areas, for major tenants (15,000 sq. ft. or greater) shall be approved with a Development Permit. Temporary outdoor sales and displays are permitted pursuant to Chapter 5.22 of the Municipal Code. SECTION: 19.06.030(2)(J) MINI-MALLS 4. No outdoor displays or sale of merchandise shall be permitted. However, temporary outdoor sales may be allowed Use Pe pursuant to Chapter 5.22 of the Municipal Code. SECTION: 19.70.020 PERMITTED USES The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit: 1. Real estate offices within approved development projects; DEVELOPMENT CODE AMENDMENT NO. 94-03 Agenda Item No. 8 Hearing Date: December 12, 1995 Page 4 2. Otadeef display and sales of mefehandise within eefnfnefeial land use distfiets, lifnited 3. On- and off-site contractors' construction yards in conjunction with an approved development project. 4. Trailer, coach or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, which ever first occurs; 5. Christmas tree sale lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business lieense registration certificate, provided such activity shall be only held from November l st through December 31st, subject to Chapter 5.04 of the Municipal Code; 6. Fireworks, when the lattl f in compliance with Chapter 8.60 of the Municipal Code; 7. Circuses, rodeos and carnivals, subject to compliance with Chapter 5.42 of the Municipal Code; 8. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities; 9. Emergency public health and safety needs; and 10. Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses Permitted). 11. , , DEVELOPMENT CODE AMENDMENT NO. 94-03 Agenda Item No. 8 Hearing Date: December 12, 1995 Page 5 ADD SECTION 19.70.030 AS SHOWN, AND RE-NUMBER REMAINING SECTIONS: SECTION: 19.70.030 EXEMPTIONS The following uses are exempt from the provisions of this chapter: 1. Temporary outdoor displays and sales, pursuant to Chapter 5.22 of the Municipal Code. 2. City-sponsored uses and activities, or activities occurring on City owned property, occurring at regular periodic intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, etc.) may be required. SECTION: 19.70.059 060 CONDITIONS OF APPROVAL 1.Provision for a fixed period not to exceed 90 days for a temporary use not occupying a structure, including promotional activities, or 1 year for all other uses or structures, or for a shorter period of time as determined by the Director. as ned by the Difeetar—MC-844-7-20-9 DEVELOPMENT CODE AMENDMENT NO. 94-03 Agenda Item No. 8 Hearing Date: December 12, 1995 Page 6 ATTACHMENT B FINDINGS OF FACT Development Code Amendment No. 94-03 1. The deletion of the requirement for a Temporary Use Permit for temporary outdoor sales/displays, and other related provisions does not conflict with the General Plan in that the purpose is to rectify inconsistencies. The addition of a provision to allow permanent outdoor sales/displays areas is consistent with the General Plan in that it will help to enhance commercial uses in established commercial districts. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that outdoor displays are currently permitted by Chapter 5.22 of the City of San Bernardino Municipal Code. i ATTACHMENT C DRAFT November 29, 1995 NOTE: STRIKE THROUGH IS PROPOSED TO BE DELETED. BOLD TEXT IS PROPOSED TO BE ADDED. CHAPTER 5.22 OUTDOOR SALES AND DISPLAYS Sections: 5.22.101 Permit required. 5.22.020 Permit - Fee. 5.22.030 Permit - Issuance. 5.22.040 Limited outdoor displays permitted. 5.22.050 Exemptions SECTION: 5.22.010 Permit required. It is unlawful for any person, firm or corporation to conduct " ef If sidewalk sale" outdoor sales or displays, except upon issuance of a permit by the City Clerk. (Ord. MC-535, 84-86.) SECTION 5.22.020 Permit - Fee The permit fee shall be established by resolution of the Mayor and Common Council. (Ord. MC-535, 8-4-86.) SECTION 5.22.030 Permit Issuance A. Said permits shall be issued only to persons holding an active business lieertse registration certificate at the time of the application for such permit, and such permit shall be kept on the premises while in force. B. A permit shall not be issued for the same location more than four times in any calendar year and not more than once within any thirty day period. The permit shall be valid for nine calendar days, including holidays. The beginning and ending date of the sale shall be stated in the permit. (Ord. MC-535, 8-4-86.) Outdoor Sales/Displays Chapter 5.22 Proposed Revisions Page 2 SECTION: 5.22.040 Limited outdoor displays permitted. Limited outdoor sales and displays of merchandise may be permitted withetit a pert upon issuance of a permit pursuant to Section 5.22.010, as long as the following criteria are met: A. No merchandise shall be delayed located in public rights-of-way. 13. No ffiefehandise shall be displayed in ed to meet the pafking speeifleations set fefth in ehaptef 19.56-. B. Merchandise may be located in the parking lot, utilizing not more than 10% of the available parking spaces. C. No merchandise shall be delayed located in areas required to meet the landscaping standards set forth in Chapter 19.28 of the Development Code. Seefi n 1 n 56 ,2n D. No merchandise shall be died located in such a way that it creates a public safety hazard. E. The digs location of merchandise for sale or display shall be restricted to those sides of the building where customer entrances are located. (Ord.MC-535, 84-86.) SECTION: 5.22.050 EXEMPTIONS The following uses are exempt from the provisions of this Chapter: A. Permanent outdoor sales and display areas, for major tenants (15,000 sq. ft. or greater), pursuant to Chapter 19.06 of the Development Code. B. Limited outside uses such as patio dining areas and nursery sales, pursuant to Chapter 19.06 of the Development Code. C. Display areas for the sale or rent of motor vehicles, pursuant to Chapter 19.06 of the Development Code. Outdoor Sales/Displays Chapter 5.22 Proposed Revisions Page 3 I I D. City-sponsored uses and activities, or activities occurring on City owned property, occurring at regular periodic intervals (weekly, monthly, yearly, etc.). Other City permits (building permits, encroachment permits, tent permits, etc.) may be Irequired. E. Personal property sales, pursuant to Section 5.68 of the Municipal Code.