HomeMy WebLinkAbout06.A- Community Development 6.A
ORDINANCE (ID # 4609) DOC ID: 4609
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Zoning/Land Use
From: Mark Persico M/CC Meeting Date: 09/19/2016
Prepared by: Oliver Mujica,
Dept: Community Development Ward(s): All
Subject:
Ordinance of the Mayor and Common Council of the City of San Bernardino Approving
Development Code Amendment 16-06 Amending Chapter 19.06 (Commercial Zones)
Section 19.06.030(2)(Q) (Development Stand ards)(Specific Standards for Commercial
Zones) (Recycling Facilities for Reusable Domestic Containers) of the Development
Code (Title 19) of the San Bernardino Municipal Code to Establish Development
Standards and an Approval Process for Unattended Collection Boxes or Similar
Structures in Non-Residential Zoning Districts. (FIRST READING) (#4609)
Current Business Registration Certificate:
Financial Impact:
There will be no fiscal impact as a result of this action.
Mayor to Open the Public Hearing. . .
Motion: 1) Close the Public Hearing; and
2) Lay over Ordinance for final adoption.
Synopsis of Previous Council Action:
None
Background:
Pursuant to the requirements of Chapter 19.42 (Development Code Amendments) of
the City of San Bernardino Development Code, the Community Development
Department has prepared a City-initiated Ordinance, under Development Code
Amendment 16-06, to establish development standards and an approval process for
Unattended Collection Boxes or similar structures within non-residential zoning districts.
On July 20, 2016, the Planning Commission adopted Resolution No. 2016-043 (please
see Attachment 2) forwarding a recommendation that the Mayor and Common Council:
1) Adopt the Categorical Exemption; and
2) Approve Development Code Amendment 16-06.
Analysis:
Current Situation
For the past seven years, cities and counties across the United States have dealt with
the proliferation of the sparsely regulated industry of "Unattended Collection Boxes"
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(UCB). As a result of little or no regulations, numerous southern California cities have
been plagued by the non-regulated, private property placement of these UCB by
individuals and organizations that have placed the boxes without city permits and
permission from property owners. With the increase in the number of unregulated UCB,
cities have observed a huge increase of resident complaints regarding the maintenance
of the UCB and the dumping of furniture, clothing, metal, and other junk items at the
UCB sites.
The City of San Bernardino is not immune from the problem of unregulated UCB. Since
2013, the City's Code Enforcement Officers have observed a significant increase of
unregulated UCB operating without City permits. In most of these cases, each UCB is
unregulated, placed without City permits and placed on private property without owner
consent. They are rapidly becoming a dumping ground for junk and unwanted items.
Compounding the matter is the fact that the City does not currently have regulations for
UCB.
"Planet Aid" History and Scope of U.S. Problem
The largest operator of UCB across the United States has been a company named
"Planet Aid." With the expansion of approximately 20,000 UCB that they currently
operate across the United States, there has been great controversy and numerous
accusations that the organization runs a "kindness into cash" scheme.
Lawsuits Against Cities
Various cities and watchdog groups have recently scolded the organization that has
received donations from these unpermitted UCB. In addition, a USA newspaper article
estimated that only 29 percent of donations are used for charity, while the rest of the
income is used to fund salaries and marketing efforts.
In response to these issues, various cities imposed bans on UCB, including the City of
St. Johns, Michigan. In 2013, St. Johns was sued by Planet Aid for its ban on "donation
boxes" in federal court. In a surprising victory, Plant Aid won at the Sixth Circuit Court of
Appeals that the St. Johns ban on donation boxes was in violation of the 1 st Amendment
because the boxes themselves were a form of protected speech. Fueled by the court
victory, Planet Aid has sued cities in California regarding bans on donation boxes.
Proposed Ordinance Regulating Unattended Donation Boxes
Based on the court decisions in the Planet Aid case in Michigan and other cases in
California, this ordinance is proposed so as to protect the City's valid interests in
preventing public nuisances, preventing private property infringement, and promoting
community aesthetics, while complying with the 1St Amendment. Unlike the St. Johns
ordinance, the proposed ordinance for the City of San Bernardino is not a complete ban
on UCB within the City, but instead, merely regulates the placement, maintenance, and
physical characteristics of UCB. Secondly, the proposed ordinance does not distinguish
between the various operators of UCB based on whether they are operated by
charitable organizations or for-profit businesses, and thus, is viewpoint neutral.
The proposed ordinance promotes a substantial government interest because it
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addresses the particularized secondary effects of UCB, as described in the "Current
Situation" section above, by allowing for the safe and effective placement and regulation
of UCB. The proposed ordinance includes additional language giving the City the ability
to take effective enforcement actions against nuisance UCB. The proposed ordinance
provides a quick recourse and response to UCB that are deemed a nuisance within the
City of San Bernardino. Basic standards such as maintenance pick up, placement of
structures permit requirements, related fees and information is included in the proposed
ordinance. More specifically, "Unattended Collection Boxes" are required to have
specific information about the owner, and property operator of the UCB posted in clear
view.
The development standards by the proposed UCB ordinance are, as follows:
• UCB shall not be more than 82 inches high, 60 inches wide, and 50 inches deep.
• UCB shall contain an opening with a tamper-restraint locking mechanism.
• UCB shall be secured in such a manner that the contents may not be accessed
by anyone other than those responsible for the retrieval of the boxes contents.
Items left next to or outside of the UCB shall be considered a nuisance. Such
nuisance may be the abated by the City at the expense of the permittee/operator.
• Permittee/operator shall address all UCB maintenance issues within twenty- four
(24) hours of notice from the City, including but not limited to graffiti, vandalism,
and structurally - damaged boxes. Perm ittee/operator shall inspect the UCB a
minimum of once per week to empty the contents of the UCB and address any
existing maintenance issues.
• Permittee/operator shall be responsible for disposing undesirable material or
unwanted items in accordance with Municipal and State laws.
• UCB shall not be permitted on any unimproved parcel or where the principal use
of land has been closed or unoccupied for more than 30 consecutive days.
• The location of the UCB shall not disrupt or impact any line-of-sight for
pedestrians, bicyclists, or operators of motor vehicles.
• It shall be unlawful to locate any UCB less than 1,000 feet from the property line
where another UCB is permitted.
• Only one UCB shall be allowed per each City-approved parcel.
• UCB shall provide a minimum 100-foot setback from parcel line with properties
1 that are residentially zoned or have existing residential uses.
The permitting regulations by the proposed UCB ordinance are, as follows:
1 • It shall be unlawful and hereby declared a public nuisance for any person to
place, operate, maintain or allow UCB on real property unless the property owner
first obtains a permit.
• All applications shall be filed with the Community Development Department.
• Within 60 days of receiving a completed application, the Community
Development Department shall either issue a permit or deny the issuance of a
permit.
• UCB that existed prior to the enactment of the ordinance shall be subject to the
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same regulations herein.
• The Community Development Department shall not issue a permit unless the
applicant has submitted a complete and accurate application accompanied by
the applicable fee.
The term of the permit and renewal of permits by the proposed UCB ordinance are, as
follows:
• The permit year shall begin on January 1 each year and shall terminate on
December 31 of the same calendar year. An annual permit issued between
December 1 and December 31 of any year shall expire on December 31 of the
following calendar year.
• The permit shall be renewed annually. The application for renewal must be filed
no later than 30 days before permit expires.
• Permittee may apply for permit renewal by submitting a renewal application and
a non-refundable annual renewal fee to the Community Development
Department before the expiration of a current permit. The annual renewal fee
shall be in the amount set by resolution of the Mayor and Common Council.
• The Community Development Department shall either approve or deny the
renewal of a permit within 60 days of receipt of the complete renewal application
and payment of the renewal fee.
• Prior to expiration of the permit, a permittee/operator may voluntarily cancel the
permit by notifying the Community Development Department in writing of his or
her intent to cancel the permit. The permit shall become void upon the
Community Development Department's receipt of a written notice of intent to
cancel the permit.
• If a permit expires and is not timely renewed, the UCB must be removed from the
property within 10 days of the expiration of the permit.
The revocation of permit, removal of UCB and restitution of fees by the proposed UCB
ordinance are, as follows:
• The Director shall have the right to revoke any permit issued here under for
cause. Failure to comply with the provisions of the ordinance or any other law
shall constitute grounds for revocation of the permit. When the Director revokes a
permit, the Director shall provide a written notification to the permittee/operator
stating the specific grounds for revocation.
• Upon revocation, the UCB shall be removed from the permittee's/operator's real
Iproperty within 30 days.
• Upon failure of a permittee/operator to remove the UCB within 30 days of permit
revocation, the City may remove, store, and/or dispose of the UCB and its
contents at the expense of the permittee/operator.
• Upon revocation of a permit, a permittee/operator shall be prohibited from
applying for a permit for a period of one calendar year.
California Environmental Quality Act:
In accordance with §15060 (Preliminary Review) of the California Environmental Quality
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Act (CEQA), the Planning Division conducted an environmental evaluation and
concluded that Development Code Amendment 16-06 is found to be exempt under
§15061(b)(3) (Review for Exemption) of CEQA.
Pursuant to §15061(b)(3) (Review for Exemption) of CEQA, a project such as the
proposed Development Code Amendment to establish development standards and an
approval process for Unattended Collection Boxes or similar structures within non-
residential zoning districts is exempt from CEQA when it can be seen with certainty that
there is no possibility that the activity will have a significant effect on the environment.
The Planning Division staff has analyzed proposed Development Code Amendment 16-
06 has determined that it is Categorically Exempt from CEQA pursuant to §15061(b)(3)
of the CEQA Guidelines due to the fact that the proposed Ordinance will not create
significant effects on the environment. Accordingly, pursuant to §15062 of CEQA, a
Notice of Intent to Adopt a Categorical Exemption for Development Code Amendment
16-06 was published on July 8, 2016 for the CEQA-mandated ten (10) day public review
and comment period. In accordance with §15061 of CEQA, on July 20, 2016, during a
duly advertised public hearing, the Planning Commission considered the Categorical
Exemption for the recommendation to the Mayor and Common Council for the adoption
of the Categorical Exemption and approval of Development Code Amendment 16-06.
Conclusion:
On July 20, 2016, the Planning Commission determined that the proposed Ordinance is
consistent with the City of San Bernardino General Plan and Development Code, and
that the amendment satisfies all Findings of Fact required for approval of Development
Code Amendment 16-06.
City Attorney Review:
This staff report and supporting documentation has been reviewed by the Deputy City
Attorney, and accepted as to form.
Supporting Documents:
Attachment 1: Ordinance
Attachment 2: Planning Commission Resolution No. 2016-043
Attachment 3: Planning Commission Minutes, dated July 20, 2016
Attachment 4: Legal Ad
City Attorney Review:
Supporting Documents:
Attachment 1 - Ordinance (DOC)
Attachment 2 - Planning Commission Resolution 2016-043 (PDF)
Attachment 3 - Planning Commission Minutes, dated July 20, 2016 (PDF)
Attachment 4 - Legal Ad (PDF)
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6.A.a
1 ORDINANCE NO.
2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-06
3 AMENDING CHAPTER 19.06 (COMMERCIAL ZONES) AND SECTION
4 19.06.030(2)(Q) (DEVELOPMENT STANDARDS)(SPECIFIC STANDARDS FOR
COMMERCIAL ZONES)(RECYCLING FACILITIES FOR REUSABLE DOMESTIC
5 CONTAINERS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE SAN
BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
6 STANDARDS AND AN APPROVAL PROCESS FOR UNATTENDED COLLECTION
BOXES OR SIMILAR STRUCTURES IN NON-RESIDENTIAL ZONING
7
DISTRICTS. x
0
8 m
WHEREAS, the current City of San Bernardino Development Code was initially o
implemented in 1991; and
10
WHEREAS, numerous "Unattended Collection Boxes" have been placed on
11 properties throughout the City of San Bernardino without permits; and
12 WHEREAS, the City of San Bernardino Development Code does not address
13 regulations for"Unattended Collection Boxes;" and
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14 WHEREAS, "Unattended Collection Box" means any unattended container,
15 receptacle, or similar device that is located at or on the exterior property areas of any premises
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16 or lot within the City for the purpose of soliciting and collecting clothing or other salvageable a
17 personal property, excluding recyclable materials such as glass, paper, plastics, or aluminum; o
and
18
WHEREAS, the City has received numerous complaints reporting "Unattended s
19 Collection Boxes" placed on private property without the knowledge or consent of the
20 property owner; and
21 WHEREAS, City staff has encountered difficulty ascertaining information about the E
22 identity and business structure of the operators of the existing "Unattended Collection Boxes;" Q
23 and
24 WHEREAS, "Unattended Collection Boxes" often become nuisances and safety
25 hazards by attracting graffiti, trash, toxic materials, and rodents when they are not properly
26 maintained and routinely emptied; and
i
WHEREAS, the implementation of a permitting system that regulates "Unattended
27 Collection Boxes" will address the aforementioned blight and safety hazard concerns; and
28
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1 WHEREAS, the Mayor and Common Council shall establish a nonrefundable permit
2 application fee; and
WHEREAS, the proposed Ordinance regulates the "Unattended Collection Boxes;"
3 and
4 WHEREAS, on July 20, 2016, the Planning Commission of the City of San
5 Bernardino held a noticed public hearing to consider public testimony and the staff report, and
6 adopted Resolution No. 2016-043 recommending adoption of the Categorical Exemption and
7 the approval of Development Code Amendment 16-06 to the Mayor and Common Council;
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8 and m°
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9 WHEREAS, notice of the public hearing for the Mayor and Common Council's o
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consideration of the proposed Ordinance was published in The Sun newspaper on September T
10 0
9, 2016.
11 �
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
12 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
13
14 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
15 are true and hereby adopt and incorporate them herein. c
16 SECTION 2. Findings of Fact—Development Code Amendment 16-06.
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17
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18 Finding No. 1: The proposed amendment is consistent with the General Plan.
19
Finding of Fact: For the past (7) seven years various cities and counties across the
v 20 a
United States have dealt with the proliferation of the sparsely regulated
21 E
industry of"Unattended Collection Boxes" (UCB). As a result of little
cc
22 a
23 or no regulations, numerous Southern California cities have been
24 plagued by the non-regulated, private property placement of these UCB
25 by individuals and organizations that have placed the boxes without city
26 permits and owner permission from property owners. With the
27
advancement of the unregulated UCB, various cities across the United
28
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6.A.a
1 States have observed a huge increase of resident complaints regarding
2 the maintenance of the UCB and the dumping of furniture, clothing,
3 metal, and other junk items at the sites. The City of San Bernardino is
4 not immune from the problem of unregulated UCB. Since 2013, the
5
City's Code Enforcement Officers have observed a marked increase in
6
7 regard to unregulated UCB operating without City permits and
x
8 restraint. In most of these cases, each UCB area is unregulated, placed m°
9 without City permits and placed on private property without owner
10 consent. They are rapidly becoming a dumping ground for junk and U
11 unwanted items. As of March 2016, it has been estimated that over 54
12
unpermitted and unregulated UCB have been illegally placed and are
13
14 operating throughout the City of San Bernardino. The new ordinance by
15 this proposed amendment provides a quick recourse and response to
16 UCB that are deemed a nuisance within the City of San Bernardino. a
0
17 Basic standards such as maintenance pick up, placement of structures
18
permit requirements, related fees and information is included in the
19
proposed ordinance. More specifically, UCB are required to have Q
20
_
21 specific information about the owner, and property operator of the UCB E
22 posted in clear view. Therefore, the proposed ordinance is consistent a
23 with the City's General Plan.
24
Finding No. 2: The proposed amendment would not be detrimental to the public
25
26 interest, health, safety, convenience, or welfare of the City.
27 Finding of Fact: The proposed amendment will not be detrimental to the public interest,
28 health, safety, convenience, or welfare of the City in that the
3
FPacket Pg.276
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1 implementation of UCB regulations through the proposed ordinance
2 will advance the public interest, health, safety, convenience, and
3 welfare of the City by enacting constitutional regulations on UCB
4 within the City. This new ordinance will permit the safe and effective
5
method for placement and regulating these UCB.
6
7 SECTION 3. Compliance with the California Environmental Quality
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8 The Mayor and Common Council has independently reviewed, analyzed and exercised m°
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9 judgment in finding that Development Code Amendment 16-06 is exempt under §15061(b)(3)
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10 (Review for Exemption) of the California Environmental Quality Act (CEQA), as it can be
11 seen with certainty that there is no possibility that the activity will have a significant effect on
12
the environment. _
13
14 SECTION 4. — Section 19.06.030(2)(Q) (Specific Standards for Commercial Zones — Q
15 Recycling Facilities for Reusable Domestic Containers) shall be amended, as follows:
16 Q. Recycling Facilities for Reusable Domestic Containers and Unattended
L
Collection Boxes. 0
17 '
18 SECTION 5.— Section 19.06.030(2)(Q)(1) (Specific Standards for Commercial Zones
E
19 — Recycling Facilities for Reusable Domestic Containers) shall be amended by the following U
20 addition: L
u
i. Unattended Collection Boxes. The purpose of this section is to enact and
21
enforce standards for "Unattended Collection Boxes" located within the City U
22 limits. Nothing in this chapter shall preempt or make inapplicable any
23 provision in state or federal law.
24 1. "Director" means the Director of the City of San Bernardino
25 Community Development Department or his/her designee.
26 2. "Operator" means any person or entity who maintains "Unattended
27 Collection Boxes" to solicit salvageable personal property as defined
28 herein.
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6.A.a
1 3. "Permittee" means a property owner who is issued a permit authorizing
2 the placement of an Unattended Collection Box on his/her property.
4. "Property Owner" means the person who owns the real property where
3 the "Unattended Collection Box" is located or is proposed to be
4 located.
5 5. "Residential District" means zones designated as RE, RL, RS, RU, RM,
6 MH or RH by the City of San Bernardino Planning Department.
7 6. "Commercial District" means zones designated CO, CG-1, CG-2, CG-
x
8 3, CR, CR-2, CR-3, CR-4, or CH by the City of San Bernardino m°
9 Planning Department. o
7. "Unattended Collection Box" means any unattended container, W
10 Z
receptacle, product lockers or similar device that is located on any lot or
11 property within the City for the purpose of soliciting and collecting
12 clothing or other salvageable personal property. This term does not
13
refer to recycle bins for the collection of recyclable material governed
0
14 or regulated by the zoning code, or any unattended collection box
15 located within a building.
16 SECTION 6.— Section 19.06.030(2)(Q)(2) (Specific Standards for Commercial Zones S
L
— Recycling Facilities for Reusable Domestic Containers) shall be amended by the following
17 '
r
addition: _
18
e. Unattended Collection Box Standards. _
19
1. Physical Standards. Q
20 i. Unattended Collection Boxes shall not be more than eighty- two
d
21 (82) inches high, sixty (60) inches wide, and fifty (50) inches =
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22 deep. Q
23 ii. Unattended Collection Boxes shall be fabricated from durable
24 metal and waterproof materials.
25 iii. Unattended Collection Boxes shall not be electrically or
26 hydraulically powered or mechanized.
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1 iv. Unattended Collection Boxes shall not become a fixture of the
2 site and shall not be considered an improvement to real
property.
3 V. Unattended Collection Boxes shall require one dedicated
4 parking spot for item drop-off and content retrieval.
5 vi. Unattended Collection Boxes shall contain an opening with a
6 tamper-restraint locking mechanism. Unattended Collection
7 Boxes shall be secured in such a manner that the contents may
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8 not be accessed by anyone other than those responsible for the m°
9 retrieval of the boxes contents. o
vii. Each Unattended Collection Box shall be maintained in good
10 O
condition and appearance, and free of structural damage, holes,
11 rust, graffiti, and chipping/peeling paint.
12 viii. Unattended Collection Boxes shall not overflow at any time.
13
ix. Items left next to or outside of the Unattended Collection Box
0
14 shall be considered a nuisance. Such nuisance may be the abated
15 by the City at the Permittee's expense pursuant to San c
16 Bernardino Municipal Code 8.30.
X. Permittee or Operator shall address all Unattended Collection O
17 '
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Box maintenance issues within twenty- four (24) hours of notice =
18
from the City, including but not limited to graffiti, vandalism, s
19
and structurally- damaged boxes. Q
20 xi. The Permittee or Operator shall inspect the Unattended
d
21 Collection Box a minimum of once per week to empty the
22 contents of the Unattended Collection Box and address any Q
23 existing maintenance issues.
24 xii. Operator and Permittee shall be responsible for disposing
25 undesirable material or unwanted items in accordance with
26 Municipal and State laws.
27
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6.A.a
1 xiii. The name, address, telephone number, email address and web
2 address of the Operator shall be displayed on the front of each
Unattended Collection Box in two-inch type face letters.
3 xiv. Each Unattended Collection Box shall display its weekly pick
4 up schedule. Pickup must be at least once a week as stated in
5 this chapter.
6 xv. No other signage or advertisements shall be allowed on box.
7 xvi. Each Unattended Collection Box shall display the City of San
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8 Bernardino Business Permit number. c°
9 2. Locational Standards. v o
i. Unattended Collection Boxes shall not be located in, encroach 2
10 0
onto, or obstruct any of the following:
11 a) Access to any parking
12 b) Pedestrian pathways or alternate pathways provided in
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13
accordance with the Americans with Disabilities Act
14 c) Emergency access or fire lanes
15 d) Marked drive aisles or on-site vehicular and pedestrian
16 traffic circulation
17 e) Landscaped areas O
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f) Trash enclosures or access to trash enclosures =
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g) Setback areas required by law, including, but not
19 limited to, front setback areas and street setbacks Q
20 h) Building exits
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21 ii. Unattended Collection Boxes shall not be permitted on any
22 unimproved parcel or where the principal use of land has been a
23 closed or unoccupied for more than thirty(30) consecutive days.
24 iii. Unattended Collection Boxes shall be placed on a surface that is
25 paved, level, and free of dust.
26 iv. The location of the Unattended Collection Box shall not disrupt
or impact any line-of-sight for pedestrians, bicyclists, or
27
operators of motor vehicles.
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6.A.a
1 V. It shall be unlawful to locate any Unattended Collection Box
2 less than 1,000 feet from the property line where another
Unattended Collection Box is permitted.
3 vi. Only one (1) Unattended Collection Box shall be allowed per
4 each City-approved parcel.
5 vii. Unattended Collection Boxes shall provide a minimum 100 foot
6 setback from parcel line with properties that are residentially
7 zoned or have existing residential uses.
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8 3. Permits. m
9 i. It shall be unlawful and hereby declared a public nuisance for o
any person to place, operate, maintain or allow Unattended
10
Collection Boxes on real property unless the property owner
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11 first obtains a permit pursuant to this chapter.
12 ii. The permit application shall be made on a form provided by the
13
Director or his/her designee and shall include all of the
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14 following information:
15 a) The name, physical address, email address, and c
to
16 telephone number of both the property owner and E
I17 operator. Operator shall also provide its organization's ,
website address where applicable. _
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b) The text of the disclosures that will be made on the E
19 Unattended Collection Box as required by this Chapter. Q
20 c) The physical address of the property where the proposed
m
21 Unattended Collection Box will be located, a drawing
22 indicating the size of the Unattended Collection Box, Q
23 and the proposed location of the Unattended Collection
24 Box on said property.
25 iii. Each application shall be accompanied by a nonrefundable fee
26 in the amount to be established by resolution of the Mayor and
Common Council. This fee shall be in addition to any fee or tax
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6.A.a
1 imposed by the City pursuant to any other provision of this
Code.
2
iv. All applications shall be filed with the Community
3 Development Department.
4 V. Within sixty (60) days of receiving a completed application, the
5 Community Development Department shall either issue a permit
6 or deny the issuance of a permit.
7 vi. Unattended Collection Boxes that existed prior to the enactment
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8 of this chapter shall be subject to the same regulations herein. m°
9 vii. The Community Development Department shall not issue a o
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permit unless the applicant has submitted a complete and
10
accurate application accompanied by the applicable fee.
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11 viii. When the Director denies an application, the Director shall
12 provide a written statement to the Property Owner indicating the
13 reasons for denial.
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14 4. Term of Permit, Renewal of Permits.
15 i. The permit year shall begin on January 1 each year and shall
16 terminate on December 31 of the same calendar year. An annual E
permit issued between December 1 and December 31 of any
17 '
year shall expire on December 31 of the following calendar
18
year.
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ii. The permit shall be renewed annually. The application for Q
20 renewal must be filed no later than thirty (30) days before
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21 permit expires.
22 iii. Permittee may apply for permit renewal by submitting a renewal Q
23 application and a non-refundable annual renewal fee to the
24 Director before the expiration of a current permit. The annual
25 renewal fee shall be in the amount set by resolution of the
26 Mayor and Common Council.
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1 iv. The Director shall either approve or deny the renewal of a
2 permit within sixty (60) days of receipt of the complete renewal
application and payment of the renewal fee.
3
V. Prior to expiration of the permit, a Permittee may voluntarily
4 cancel the permit by notifying the Director in writing of his or
5 her intent to cancel the permit. The permit shall become void
6 upon the Director's receipt of a written notice of intent to cancel
7 the Permit.
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8 vi. If a permit expires and is not timely renewed, the Unattended m°
9 Collection Box must be removed from the property within ten o
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(10) days of the expiration of the permit.
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5. Revocation of Permit, Removal of Unpermitted Collection Boxes,
11 Restitution of Fees. c
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i. The Director shall have the right to revoke any permit issued =
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here under for cause. Failure to comply with the provisions of
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14 this chapter or any other law shall constitute grounds for
15 revocation of the permit. When the Director revokes a permit,
16 the Director shall provide a written notification to the Permittee S
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17 stating the specific grounds for revocation. 0
18 ii. Upon revocation, the Unattended Collection Box shall be
removed from the Permittee's real property within thirty (30) E
19 days. Q
20 iii. Upon failure of a Permittee to remove the Unattended
21 Collection Box within thirty (30) days of permit revocation, the
22 City may remove, store, and/or dispose of the Unattended Q
23 Collection Box and its contents at the expense of the Permittee.
24 iv. Upon revocation of a permit, a Permittee shall be prohibited
25 from applying for a permit for a period of one calendar year.
26 6. Permits Nontransferable.
i. Permits under this chapter are nontransferable. A Permittee shall
27
not transfer, assign or convey such permit to another person.
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6.A.a
1 Any purported transfer, assignment, or conveyance of a permit
2 issued under this chapter shall be considered null and void.
7. Appeals.
3 i. When the Director denies a permit application or revokes an
4 existing permit, the property owner may appeal the Director's
5 determination to the Planning Commission within ten (10) days
6 of the Director's decision. Appeals of the Director's
7 determination must be made in writing with the Office of the
X
8 City Clerk. m°
9 8. Liability. o
i. An Operator shall maintain a general liability insurance policy 0
10 C
of a minimum of one million dollars ($1,000,000.00) for the
11 duration of the operation of an Unattended Collection Box at
12 each site, to cover any claims or losses due to the placement,
13
operation, or maintenance of the Unattended Collection Box.
0
14 Operator's failure to maintain the required insurance coverage to
15 shall be grounds for revocation of the permit.
16 9. Violation and Penalty.
17
i. Any person who violates, causes, or allows another person to
violate any provision of this ordinance is guilty of either an
18
infraction or misdemeanor. Any person convicted of an E
19 infraction or misdemeanor under the provision of this ordinance a
20 shall be punished by a fine, imprisonment, or both, according to
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21 Chapter 1.12 of the City of San Bernardino Municipal Code.
22 ii. In addition to any other penalties provided in this section, up to Q
23 $1,000.00 in Administrative Civil Penalties may be imposed for
24 each and every day during any portion of which any violation of
25 any provision of these regulations is committed, continued,
26 permitted, or caused by such violator.
27 iii. Nothing in this Chapter shall preclude the City from pursuing
the remedies made applicable hereto elsewhere in this
28
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6.A.a
1 Municipal Code or under State law, including but not limited to,
2 as applicable, revocation of permits and injunctive relief.
iv. Pursuant to Government Code section 38773, all unpaid
3 expenses incurred by the City in connection with an action to
4 abate a public nuisance shall be a lien against the property on
5 which it is maintained and a personal obligation against the
6 property owner.
7 10. Severability.
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8 i. The provisions of this Chapter are severable, and, if any m°
9 sentence, section or other part of this Chapter should be found o
to be invalid, such invalidity shall not affect the remaining 2
10 6
provisions, and the remaining provisions shall continue in full
11 force and effect. c
12
SECTION 7. - Notice of Exemption: The Planning Division of the Community
13
Development Department is hereby directed to file a Notice of Exemption with the County
ar to
14 Clerk of the County of San Bernardino certifying the City's compliance with California
15 Environmental Quality Act in adopting the Categorical Exemption.
16 SECTION 8. Severability: If any section, subsection, subdivision, sentence, or
clause or phrase in this Ordinance or any part thereof is for any reason held to be
17 '
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
18
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any =
19
part thereof. The Mayor and Common Council hereby declares that it would have adopted a
20 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
m
21 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
22
23
24
25
26
27
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6.A.a
1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-06
2 AMENDING CHAPTER 19.06 (COMMERCIAL ZONES) SECTION 19.06.030(2)(Q)
(DEVELOPMENT STANDARDS)(SPECIFIC STANDARDS FOR COMMERCIAL
3 ZONES)(RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS)
4 OF THE DEVELOPMENT CODE (TITLE 19) OF THE SAN BERNARDINO
MUNICIPAL CODE TO ESTABLISH DEVELOPMENT STANDARDS AND AN
5 APPROVAL PROCESS FOR UNATTENDED COLLECTION BOXES OR SIMILAR
STRUCTURES IN NON-RESIDENTIAL ZONING DISTRICTS.
6
7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
x
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the m°
8
day of , 2016, by the following vote to wit: o
9
10 Council Members: AYES NAYS ABSTAIN ABSENT c°v
11 MARQUEZ
12
BARRIOS
VALDIVIA
13
SHORETT o,
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14 NICKEL
15 RICHARD
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16 MULVIHILL
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18 Georgeann Hanna, City Clerk
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19
The foregoing Ordinance is hereby adopted this day of , 2016. Q
20
21 E
22
R. CAREY DAVIS, Mayor
23 Approved as to form: City of San Bernardino
24 Gary D. Saenz, City Attorney
25
26
By:
27
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6.A.b
RESOLUTION NO. 2016-043-PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA RECOMMENDING TO THE MAYOR
AND COMMON COUNCIL THE ADOPTION OF A CATEGORICAL
EXEMPTION AND APPROVAL OF DEVELOPMENT CODE
AMENDMENT 16-06 TO AMEND CHAPTER 19.06 (COMMERCIAL
ZONES) AND SECTION 19.06.030(2)(Q) (DEVELOPMENT STANDARDS) c
(SPECIFIC STANDARDS FOR COMMERCIAL ZONES)(RECYCLING m
FACILITIES FOR REUSABLE DOMESTIC CONTAINERS) OF THE (n
DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT
STANDARDS AND AN APPROVAL PROCESS FOR UNATTENDED ci
COLLECTION BOXES OR SIMILAR STRUCTURES IN NON- a)
RESIDENTIAL ZONING DISTRICTS.
WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San
Bernardino Development Code, the Community Development Department has prepared a City-
initiated ordinance to establish development standards and an approval process for Unattended
Collection Boxes or similar structures within non-residential zoning districts; and
0
WHEREAS, Development Code Amendment 16-06 has been prepared to amend Chapter
19.06 (Commercial Zones) and §19.06.030(2)(Q) (Development Standards)(Specific Standards N
for Commercial Zones)(Recycling Facilities for Reusable Domestic Containers) of the City of o
San Bernardino Development Code; and
0
IWHEREAS, the Planning Division of the Community Development Department has
prepared Development Code Amendment 16-06 in consistency with the City of San Bernardino 0
General Plan and compliance with the City of San Bernardino Development Code; and y
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WHEREAS, pursuant to requirements of §15060(c) of the California Environmental 0
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Quality Act, the Planning Division of the Community Development Department evaluated U
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Development Code Amendment 16-06; and =
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WHEREAS, on July 8, 2016, pursuant to the requirements of§19.52.020 of the City of a
San Bernardino Development Code, the City gave public notice by advertising in the San N
Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, of the
holding of a public hearing at which the Environmental Determination and Development Code s
Amendment 16-06 would be considered; and
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WHEREAS, on July 20, 2016, pursuant to the requirements of§19.52.040 of the City of
San Bernardino Development Code, the Planning Commission held the duly noticed public E
hearing at which interested persons had an opportunity to testify in support of, or opposition to
the Environmental Determination and Development Code Amendment 16-06, and at which
meeting the Planning Commission considered the Environmental Determination and Q
Development Code Amendment 16-06; and
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Packet Pg. 287
WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San
Bernardino Development Code, the Planning Commission has the authority to take action on the
Environmental Determination and Development Code Amendment 16-06.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does
hereby resolve, determine, find, and order as follows:
N
SECTION 1. ENVIRONMENTAL DETERMINATION: o
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In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act
(CEQA), the Planning Division conducted an environmental evaluation in connection with
proposed Development Code Amendment 16-06 and concluded that Development Code
Amendment 16-06 is found to be exempt under §15061(b)(3) (Review for Exemption) of CEQA. 0
Pursuant to §15061(b)(3) (Review for Exemption) of CEQA, a project such as the proposed
Development Code Amendment to establish development standards and an approval process for
Unattended Collection Boxes or similar structures within non-residential zoning districts is
exempt from CEQA when it can be seen with certainty that there is no possibility that the
activity will have a significant effect on the environment. The Planning Division staff has
analyzed proposed Development Code Amendment 16-06 and has determined that it is
Categorically Exempt from CEQA pursuant to §15061(b)(3) of the CEQA Guidelines due to the
fact that the proposed ordinance will not create significant effects on the environment. o
Accordingly, pursuant to §15062 of CEQA, a Notice of Intent to Adopt a Categorical Exemption
for Development Code Amendment 16-06 was published on July 8, 2016 for the CEQA- N
mandated ten (10) day public review and comment period. In accordance with §15061 of o
CEQA, on July 20, 2016, during a duly advertised public hearing, the Planning Commission
considered the Categorical Exemption for the recommendation to the Mayor and Common 0
Council for the adoption of the Categorical Exemption and approval of Development Code
Amendment 16-06. o
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SECTION 2. RECOMMENDATIONS FOR DEVELOPMENT CODE E
AMENDMENT 16-06: o
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Pursuant to §19.42.030 of the City of San Bernardino Development Code, the Planning
Commission forwards the Ordinance to establish development standards and an approval process
for Unattended Collection Boxes or similar structures within non-residential zoning districts a
(EXHIBIT"A") for approval by the Mayor and Common Council: N
SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 16-02: E
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Section 19.42.050 of the City of San Bernardino Development Code requires that Development
Code Amendment applications meet certain findings prior to the approval by the Mayor and
Common Council. Accordingly, the following findings are provided in support of the E
recommendation by the Planning Commission for the approval of Development Code
Amendment 16-06:
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Finding No. 1: The proposed amendment is consistent with the General Plan.
2
Packet Pg. 288
Finding of Fact: For the past seven (7) years various cities and counties across the United
States have dealt with the proliferation of the sparsely regulated industry
of "Unattended Collection Boxes" (UCB). As a result of little or no
regulations, numerous southern California cities have been plagued by the
non-regulated, private property placement of these UCB by individuals
and organizations that have placed the UCB without city permits and
owner permission from property owners. With the advancement of the N
unregulated UCB, various cities across the United States have observed a c
huge increase of resident complaints regarding the maintenance of the m
UCB and the dumping of furniture, clothing, metal, and other junk items c
at the sites. The City of San Bernardino is not immune from the problem
of unregulated UCB. Since 2013, the City's Code Enforcement Officers
have observed a marked increase in regard to unregulated UCB operating v
without City permits and restraint. In most of these cases, each UCB area
is unregulated, placed without City permits and placed on private property
without owner consent. They are rapidly becoming a dumping ground for
junk and unwanted items. As of March 2016, it has been estimated that
over 54 unpermitted and unregulated UCB have been illegally placed and
are operating throughout the City of San Bernardino. The new ordinance to
by this proposed amendment provides a quick recourse and response to y
UCB that are deemed a nuisance within the City of San Bernardino. Basic o
standards such as maintenance pick up, placement of structures permit
requirements, related fees and information is included in the proposed N
ordinance. More specifically, UCB are required to have specific o
information about the owner, and property operator of the UCB posted in
clear view. Therefore, the proposed ordinance is consistent with the City's 0
General Plan.
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Finding No. 2: The proposed amendment would not be detrimental to the public interest, N
health, safety, convenience, or welfare of the City. E
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i Finding of Fact: The proposed amendment will not be detrimental to the public interest, L)
i health, safety, convenience, or welfare of the City in that the
implementation of UCB regulations through the proposed ordinance will
advance the public interest, health, safety, convenience, and welfare of the a
City by enacting constitutional regulations on UCB within the City. This N
new ordinance will permit the safe and effective method for placement and
regulating these UCB. _
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6.A.b
SECTION 4. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning Commission Resolution No. 2016-043 forwarding a
recommendation that the Mayor and Common Council:
a. Adopt of the Categorical Exemption for Development Code Amendment 16-06, in o
accordance with §15061(b)(3) of the California Environmental Quality Act, and m
direct the Community Development Director to prepare and file with the Clerk of the o
County of San Bernardino a Notice of Exemption as provided under Public Resources
Code §21152(b) and CEQA Guidelines §15062; and
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b. Approve Development Code Amendment 16-06 based on the Findings of Fact.
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PASSED,APPROVED AND ADOPTED this 20th day of July 2016.
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Larry Heasley, Chairman o
San Bernardino Planning Commission
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ATTEST:
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Mark Persico,Planning Commission Secretary
City of San Bernardino, California a
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6.A.b
CERTIFICATION:
I, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San
Bernardino, California, do hereby certify that the foregoing Resolution, No. 2016-043, was duly
adopted by the Planning Commission of the City of San Bernardino, California, at a regular
meeting thereof held on the 201h day of July 2016, by the following vote, to wit:
AYES: x
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NOES:
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ABSENT:
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ABSTAIN:
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Stephanie Sanchez, Recording Secretary a;
City of San Bernardino, California
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EXHIBIT "A"
Draft "UCB" Ordinance
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5. DEVELOPMENT CODE AMENDMENT 16-06 - A request to amend Chapter
19.06 (Commercial Zones) §19.06.030(2)(Q) (Development Standards — Specific
D Standards for Commercial Zones — Recycling Facilities for Reusable Domestic
Containers) of the City of San Bernardino Development Code to establish
development standards and an approval process for Unattended Donation Boxes,
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Unattended Collection Boxes or similar structures within non-residential zoning
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districts.
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Address: City Wide
3 Zone: All
Environmental Determination: Exempt from CEQA — §15061(b)(3) (Preliminary
w Review) of the California Environmental Quality
Act.
Applicant: City Hall
3 APN: N/A
0
Ward: All
0
3 Recommended Motion: Staff recommended that the Planning Commission adopt
0 Resolution No. 2016-043 forwarding a recommendation to the Mayor and Common
0 Council the adoption of the Categorical Exemption and approval of Development
g Code Amendment 16-06, based on the Findings of Fact.
c
Oliver Mujica,Planning Division Manager, gave a brief presentation of the project.
Commissioners had questions regarding the project.
CL
Commissioner Eble made a motion to adopt Resolution No. 2016-043 forwarding a
P recommendation to the Mayor and Common Council the adoption of the Categorical Exemption
o and approval of Development Code Amendment 16-06, based on the Findings of Fact.
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Commissioner Paxton seconded the motion.
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The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Eble, Paxton, and
Jones.Nays: None. Abstain: None. Excused: None. Absent: Durr and Earp.
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Page 6 of 9 07/20/2016
6.A.d
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of San Bernardino Mayor and Common Council will hold a public
hearing on Monday, September 19, 2016 at 4:00 p.m. in the Council Chambers, City Hall, 300 North
"D" Street, San Bernardino, California 92418, on the following items:
DEVELOPMENT CODE AMENDMENT 16-06 - Amendment to Chapter 19.06 (Commercial Zones)
and §19.06.030(2)(Q) (Development Standards — Specific Standards for Commercial Zones — Recycling
Facilities for Reusable Domestic Containers) of the City of San Bernardino Development Code to
establish development standards and an approval process for Unattended Collection Boxes or similar
structures within non-residential zoning districts.
Environmental Determination: Categorically Exempt, pursuant to §15061(b)(3) (Review for
Exemption)of the California Environmental Quality Act y
Applicant: Community Development Department—Planning Division K
0
m
The Mayor and Common Council of the City of San Bernardino welcome your participation in evaluating
these items. The Mayor and Common Council will review the proposals and will consider the proposed c
environmental determinations in making its decisions. The public is welcome to speak at the public
hearing or to submit written comments prior to the hearing. For more information, please contact the c
Community Development Department at City Hall,or by phone at(909) 384-5057. U
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If you challenge the resultant action of the Mayor and Common Council in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Planning Division at,or prior to,the public hearing. M
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Submitted: September 7,2016
Publish: September 10,2016 (Display ad)
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