HomeMy WebLinkAboutMC-1430 Adopted: November 10, 2016
Effective:December 10, 2016
1 ORDINANCE NO. MC-1430
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
7 BOXES OR SIMILAR STRUCTURES IN NON-RESIDENTIAL ZONING
DISTRICTS.
8
9 WHEREAS, the current City of San Bernardino Development Code was initially
10 implemented in 1991; and
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
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
16 or lot within the City for the purpose of soliciting and collecting clothing or other salvageable
17 personal property, excluding recyclable materials such as glass, paper, plastics, or aluminum;
and
18
WHEREAS, the City has received numerous complaints reporting "Unattended
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
22 identity and business structure of the operators of the existing "Unattended Collection Boxes;"
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
WHEREAS, the implementation of a permitting system that regulates "Unattended
27 Collection Boxes" will address the aforementioned blight and safety hazard concerns; and
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I 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;
8 and
9 WHEREAS, notice of the public hearing for the Mayor and Common Council's
10 consideration of the proposed Ordinance was published in The Sun newspaper on September
9, 2016.
11 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.
16 SECTION 2. Findings of Fact—Development Code Amendment 16-06.
17
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
20
United States have dealt with the proliferation of the sparsely regulated
21
22 industry of"Unattended Collection Boxes" (UCB). As a result of little
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
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28 advancement of the unregulated UCB, various cities across the United
2
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
8 restraint. In most of these cases, each UCB area is unregulated, placed
9 without City permits and placed on private property without owner
10 consent. They are rapidly becoming a dumping ground for junk and
11
unwanted items. As of March 2016, it has been estimated that over 54
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13 unpermitted and unregulated UCB have been illegally placed and are
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.
17 Basic standards such as maintenance pick up, placement of structures
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permit requirements, related fees and information is included in the
19
20 proposed ordinance. More specifically, UCB are required to have
21 specific information about the owner, and property operator of the UCB
22 posted in clear view. Therefore, the proposed ordinance is consistent
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
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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
8 The Mayor and Common Council has independently reviewed, analyzed and exercised
9 judgment in finding that Development Code Amendment 16-06 is exempt under §15061(b)(3)
10 (Review for Exemption) of the California Environmental Quality Act (CEQA), as it can be
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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 —
15 Recycling Facilities for Reusable Domestic Containers) shall be amended, as follows:
16 Q. Recycling Facilities for Reusable Domestic Containers and Unattended
17 Collection Boxes.
18 SECTION 5. — Section 19.06.030(2)(Q)(1) (Specific Standards for Commercial Zones
19 — Recycling Facilities for Reusable Domestic Containers) shall be amended by the following
20 addition:
21 i. Unattended Collection Boxes. The purpose of this section is to enact and
enforce standards for "Unattended Collection Boxes" located within the City
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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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-
8 3, CR, CR-2, CR-3, CR-4, or CH by the City of San Bernardino
9 Planning Department.
10 7. "Unattended Collection Box" means any unattended container,
receptacle, product lockers or similar device that is located on any lot or
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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
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
17 — Recycling Facilities for Reusable Domestic Containers) shall be amended by the following
addition:
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e. Unattended Collection Box Standards.
19
1. Physical Standards.
20 i. Unattended Collection Boxes shall not be more than eighty- two
21 (82) inches high, sixty (60) inches wide, and fifty (50) inches
22 deep.
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
8 not be accessed by anyone other than those responsible for the
9 retrieval of the boxes contents.
10 vii. Each Unattended Collection Box shall be maintained in good
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
14 shall be considered a nuisance. Such nuisance may be the abated
15 by the City at the Permittee's expense pursuant to San
16 Bernardino Municipal Code 8.30.
17 X. Permittee or Operator shall address all Unattended Collection
18 Box maintenance issues within twenty- four (24) hours of notice
from the City, including but not limited to graffiti, vandalism,
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and structurally - damaged boxes.
20 xi. The Permittee or Operator shall inspect the Unattended
21 Collection Box a minimum of once per week to empty the
22 contents of the Unattended Collection Box and address any
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.
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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
8 Bernardino Business Permit number and a weatherproof copy of
9 the permit granted pursuant to this chapter.
10 xvii. Each Unattended Collection Box shall display the phone
number of a City hotline provided by the Director in legible
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type with each number at least two inches in height.
12 2. Locational Standards.
13 i. Unattended Collection Boxes shall not be located in, encroach
14 onto, or obstruct any of the following:
15 a) Access to any parking
16 b) Pedestrian pathways or alternate pathways provided in
17 accordance with the Americans with Disabilities Act
18 c) Emergency access or fire lanes
19 d) Marked drive aisles or on-site vehicular and pedestrian
traffic circulation
20 e) Landscaped areas
21 f) Trash enclosures or access to trash enclosures
22 g) Setback areas required by law, including, but not
23 limited to, front setback areas and street setbacks
24 h) Building exits
25 ii. Unattended Collection Boxes shall not be permitted on any
26 unimproved parcel or where the principal use of land has been
27 closed or unoccupied for more than thirty (30) consecutive days.
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1 iii. Unattended Collection Boxes shall be placed on a surface that is
2 paved, level, and free of dust.
iv. The location of the Unattended Collection Box shall not disrupt
3
or impact any line-of-sight for pedestrians, bicyclists, or
4 operators of motor vehicles.
5 V. It shall be unlawful to locate any Unattended Collection Box
6 less than 1,000 feet from the property line where another
7 Unattended Collection Box is permitted.
8 vi. Only one (1) Unattended Collection Box shall be allowed per
9 each City-approved parcel.
10 vii. Unattended Collection Boxes shall provide a minimum 100 foot
setback from parcel line with properties that are residentially
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zoned or have existing residential uses.
12 3. Permits.
13 i. It shall be unlawful and hereby declared a public nuisance for
14 any person to place, operate, maintain or allow Unattended
15 Collection Boxes on real property unless the property owner
16 first obtains a permit pursuant to this chapter.
17 ii. The permit application shall be made on a form provided by the
18 Director or his/her designee and shall include all of the
following information:
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a) The name, physical address, email address, and
20 telephone number of both the property owner and
21 operator. Operator shall also provide its organization's
22 website address where applicable.
23 b) The text of the disclosures that will be made on the
24 Unattended Collection Box as required by this Chapter.
25 c) The physical address of the property where the proposed
26 Unattended Collection Box will be located, a drawing
27 indicating the size of the Unattended Collection Box,
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1 and the proposed location of the Unattended Collection
2 Box on said property.
iii. Each application shall be accompanied by a nonrefundable fee
3
in the amount to be established by resolution of the Mayor and
4 Common Council. This fee shall be in addition to any fee or tax
5 imposed by the City pursuant to any other provision of this
6 Code.
7 iv. All applications shall be filed with the Community
8 Development Department.
9 V. Within sixty (60) days of receiving a completed application, the
10 Community Development Department shall either issue a permit
or deny the issuance of a permit.
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vi. Unattended Collection Boxes that existed prior to the enactment
12 of this chapter shall be subject to the same regulations herein.
13 vii. The Community Development Department shall not issue a
14 permit unless the applicant has submitted a complete and
15 accurate application accompanied by the applicable fee.
16 viii. When the Director denies an application, the Director shall
17 provide a written statement to the Property Owner indicating the
18 reasons for denial.
4. Term of Permit, Renewal of Permits.
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i. The permit year shall begin on January 1 each year and shall
20 terminate on December 31 of the same calendar year. An annual
21 permit issued between December 1 and December 31 of any
22 year shall expire on December 31 of the following calendar
23 year.
24 ii. The permit shall be renewed annually. The application for
25 renewal must be filed no later than thirty (30) days before
26 permit expires.
27 iii. Permittee may apply for permit renewal by submitting a renewal
application and a non-refundable annual renewal fee to the
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1 Director before the expiration of a current permit. The annual
2 renewal fee shall be in the amount set by resolution of the
Mayor and Common Council.
3 iv. The Director shall either approve or deny the renewal of a
4 permit within sixty (60) days of receipt of the complete renewal
5 application and payment of the renewal fee.
6 V. Prior to expiration of the permit, a Permittee may voluntarily
7 cancel the permit by notifying the Director in writing of his or
8 her intent to cancel the permit. The permit shall become void
9 upon the Director's receipt of a written notice of intent to cancel
the Permit.
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vi. If a permit expires and is not timely renewed, the Unattended
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Collection Box must be removed from the property within ten
12 (10) days of the expiration of the permit.
13 5. Revocation of Permit, Removal of Unpermitted Collection Boxes,
14 Restitution of Fees.
15 i. The Director shall have the right to revoke any permit issued
16 here under for cause. Failure to comply with the provisions of
17 this chapter or any other law shall constitute grounds for
18 revocation of the permit. When the Director revokes a permit,
the Director shall provide a written notification to the Permittee
19
stating the specific grounds for revocation.
20 ii. Upon revocation, the Unattended Collection Box shall be
21 removed from the Permittee's real property within thirty (30)
22 days.
23 iii. Upon revocation of a permit, a Permittee shall be prohibited
24 from applying for a permit for a period of one calendar year.
25 6. Permits Nontransferable.
26 i. Permits under this chapter are nontransferable. A Permittee shall
not transfer, assign or convey such permit to another person.
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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
8 City Clerk.
9 8. Liability.
10 i. An Operator shall maintain a general liability insurance policy
of a minimum of one million dollars ($1,000,000.00) for the
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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.
14 Operator's failure to maintain the required insurance coverage
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
18 violate any provision of this ordinance is guilty of either an
infraction or misdemeanor. Any person convicted of an
19
infraction or misdemeanor under the provision of this ordinance
20 shall be punished by a fine, imprisonment, or both, according to
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
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
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1 Municipal Code or under State law, including but not limited to,
2 as applicable, revocation of permits, injunctive relief and
removal of the Unattended Collection Boxes pursuant to
3
Chapter 8.30 of the San Bernardino Municipal Code.
4 iv. Pursuant to Government Code section 38773, all unpaid
5 expenses incurred by the City in connection with an action to
6 abate a public nuisance shall be a lien against the property on
7 which it is maintained and a personal obligation against the
8 property owner.
9 10. Severability.
10 i. The provisions of this Chapter are severable, and, if any
sentence, section or other part of this Chapter should be found
11
to be invalid, such invalidity shall not affect the remaining
12 provisions, and the remaining provisions shall continue in full
13 force and effect.
14 SECTION 7. - Notice of Exemption: The Planning Division of the Community
15 Development Department is hereby directed to file a Notice of Exemption with the County
16 Clerk of the County of San Bernardino certifying the City's compliance with California
17 Environmental Quality Act in adopting the Categorical Exemption.
18 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
19
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
20 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
21 part thereof. The Mayor and Common Council hereby declares that it would have adopted
22 each section irrespective of the fact that any one or more subsections, subdivisions, sentences,
23 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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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
8 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
7th day of November, 2016, by the following vote to wit:
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ x
12
BARRIOS x VALDIVIA x
13 SHORETT x
14 NICKEL x
15 RICHARD x
MULVIHILL x
16
17
18 Georgea Hanna, C C, City Clerk
19 ' le
The foregoing Ordinance is hereby adopted this day of November, 2016.
20
21
22
R. Carey D vis, Mayor
23
City of San Bernardino
24
25 Approved as to form:
26 Gary D. Saenz, City Attorney
27
28 By: Aqr 'Z--
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