HomeMy WebLinkAbout05.D- Community Development 5.D
ORDINANCE (ID # 4718) DOC ID: 4718 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Zoning/Land Use
From: Mark Persico M/CC Meeting Date: 11/07/2016
Prepared by: Georgeann "Gigi" Hanna,
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 Standards)(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. (FINAL READING) (#4609 and #4718)
Current Business Registration Certificate:
Financial Impact:
There will be no fiscal impact as a result of this action.
Motion: Adopt the Ordinance.
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"
(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
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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
y 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
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
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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. Permittee/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
that are residentially zoned or have existing residential uses.
The permitting regulations by the proposed UCB ordinance are, as follows:
• 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
same regulations herein.
• The Community Development Department shall not issue a permit unless the
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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
property 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
Act (CEQA), the Planning Division conducted an environmental evaluation and
concluded that Development Code Amendment 16-06 is found to be exempt under
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§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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5.D.a
ORDINANCE NO.
1
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
DISTRICTS. o
8 00
N
9 WHEREAS, the current City of San Bernardino Development Code was initially c
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
D
13 regulations for"Unattended Collection Boxes;" and
IM 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
L
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 a
20 property owner; and
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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;"
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
maintained and routinely emptied; and
26
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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5.D.a
1 WHEREAS, the Mayor and Common Council shall establish a nonrefundable permit
application fee; and
2
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;
O
8 and m
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9 WHEREAS, notice of the public hearing for the Mayor and Common Council's o
consideration of the proposed Ordinance was published in The Sun newspaper on September d
10
9,2016. v
d
11 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
12 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
13
00
14 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
15 are true and hereby adopt and incorporate them herein.
a
16 SECTION 2. Findings of Fact—Development Code Amendment 16-06.
0
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 r
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
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
2
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5.D.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
regard to unregulated UCB operating without City permits and N
7 x
8 restraint. In most of these cases, each UCB area is unregulated, placed m°
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9 without City permits and placed on private property without owner
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10 consent. They are rapidly becoming a dumping ground for junk and c°a
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
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I 14 operating throughout the City of San Bernardino. The new ordinance by
15 this proposed amendment provides a quick recourse and response to c
c
16 UCB that are deemed a nuisance within the City of San Bernardino.
0
17 Basic standards such as maintenance pick up, placement of structures
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18
permit requirements, related fees and information is included in the E
19
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20 proposed ordinance. More specifically, UCB are required to have a
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21 specific information about the owner, and property operator of the UCB E
22 posted in clear view. Therefore, the proposed ordinance is consistent Q
23 with the City's General Plan.
24
Finding No. 2: The proposed amendment would not be detrimental to the public
25
interest,health, safety, convenience, or welfare of the City.
26
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
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5.D.a
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
X
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)
d
10 (Review for Exemption) of the California Environmental Quality Act (CEQA), as it can be v
11 seen with certainty that there is no possibility that the activity will have a significant effect on
12
the environment. _
13
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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:
Q. Recycling Facilities for Reusable Domestic Containers and Unattended
16
1 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
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20 addition: d
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i. Unattended Collection Boxes. The purpose of this section is to enact and
21
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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5.D.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, 2
10 6
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 d
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. c
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 '
addition: c
18
e. Unattended Collection Box Standards.
19
1. Physical Standards. a
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. a
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.
27
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5.D.a
1 iv. Unattended Collection Boxes shall not become a fixture of the
site and shall not be considered an improvement to real
2
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
X
8 not be accessed by anyone other than those responsible for the m°
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9 retrieval of the boxes contents. o
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vii. Each Unattended Collection Box shall be maintained in good 2
10 °
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
T
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
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16 Bernardino Municipal Code 8.30. S
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X. Permittee or Operator shall address all Unattended Collection
17 T
Box maintenance issues within twenty- four (24) hours of notice
18
from the City, including but not limited to graffiti, vandalism, E
19
and structurally - damaged boxes. Q
20 xi. The Permittee or Operator shall inspect the Unattended
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21 Collection Box a minimum of once per week to empty the
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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.
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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: (1) the x
8 Permittee's City of San Bernardino Business Permit number, (2) m°
9 a weatherproof copy of the permit granted under this Chapter, o
and (3) a telephone number provided by the City of San
10 °
Bernardino. v
11 2. Locational Standards.
12 i. Unattended Collection Boxes shall not be located in, encroach
13
onto, or obstruct any of the following:
14 a) Access to any parking
15 b) Pedestrian pathways or alternate pathways provided in c
16 accordance with the Americans with Disabilities Act
L
C) Emergency access or fire lanes 0
17 '
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d) Marked drive aisles or on-site vehicular and pedestrian
18
traffic circulation s
19
e) Landscaped areas a
20 f) Trash enclosures or access to trash enclosures
(D
21 g) Setback areas required by law, including, but not
22 limited to, front setback areas and street setbacks a
23 h) Building exits
24 ii. Unattended Collection Boxes shall not be permitted on any
25 unimproved parcel or where the principal use of land has been
26 closed or unoccupied for more than thirty (30) consecutive days.
iii. Unattended Collection Boxes shall be placed on a surface that is
27
paved, level, and free of dust.
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5.D.a
1 iv. The location of the Unattended Collection Box shall not disrupt
2 or impact any line-of-sight for pedestrians, bicyclists, or
operators of motor vehicles.
3 V. It shall be unlawful to locate any Unattended Collection Box
4 less than 1,000 feet from the property line where another
5 Unattended Collection Box is permitted.
6 vi. Only one (1) Unattended Collection Box shall be allowed per
7 each City-approved parcel. x
8 vii. Unattended Collection Boxes shall provide a minimum 100 foot m°
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9 setback from parcel line with properties that are residentially o
zoned or have existing residential uses.
10 0
3. Permits. v
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11 i. It shall be unlawful and hereby declared a public nuisance for r_
12 any person to place, operate, maintain or allow Unattended
13 D
Collection Boxes on real property unless the property owner
14 first obtains a permit pursuant to this chapter.
15 ii. The permit application shall be made on a form provided by the c
16 Director or his/her designee and shall include all of the
L
17
following information: 0 IL
a) The name, physical address, email address, and
18
telephone number of both the property owner and =
19
operator. Operator shall also provide its organization's Q
20 website address where applicable. c
21 b) The text of the disclosures that will be made on the
22 Unattended Collection Box as required by this Chapter. Q
23 c) The physical address of the property where the proposed
24 Unattended Collection Box will be located, a drawing
25 indicating the size of the Unattended Collection Box,
26 and the proposed location of the Unattended Collection
Box on said property.
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5.D.a
1 iii. Each application shall be accompanied by a nonrefundable fee
in the amount to be established by resolution of the Mayor and
2
Common Council. This fee shall be in addition to any fee or tax
3 imposed by the City pursuant to any other provision of this
4 Code.
5 iv. All applications shall be filed with the Community
6 Development Department.
7 V. Within sixty (60) days of receiving a completed application, the
8 Community Development Department shall either issue a permit m°
9 or deny the issuance of a permit. o
vi. Unattended Collection Boxes that existed prior to the enactment d
10 °
of this chapter shall be subject to the same regulations herein.
11 vii. The Community Development Department shall not issue a
12 permit unless the applicant has submitted a complete and
13
accurate application accompanied by the applicable fee.
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14 viii. When the Director denies an application, the Director shall
15 provide a written statement to the Property Owner indicating the c
16 reasons for denial. �a
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4. Term of Permit, Renewal of Permits.
17 r
i. The permit year shall begin on January 1 each year and shall
18
terminate on December 31 of the same calendar year. An annual E
19 "
permit issued between December 1 and December 31 of any Q
20 year shall expire on December 31 of the following calendar
21 year.
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22 ii. The permit shall be renewed annually. The application for Q
23 renewal must be filed no later than thirty (30) days before
24 permit expires.
25 iii. Permittee may apply for permit renewal by submitting a renewal
26 application and a non-refundable annual renewal fee to the
Director before the expiration of a current permit. The annual
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5.D.a
1 renewal fee shall be in the amount set by resolution of the
2 Mayor and Common Council.
iv. The Director shall either approve or deny the renewal of a
3 permit within sixty(60) days of receipt of the complete renewal
4 application and payment of the renewal fee.
5 V. Prior to expiration of the permit, a Permittee may voluntarily
6 cancel the permit by notifying the Director in writing of his or
7 her intent to cancel the permit. The permit shall become void
X
8 upon the Director's receipt of a written notice of intent to cancel m°
9 the Permit. c
vi. If a permit expires and is not timely renewed, the Unattended d
10 °
Collection Box must be removed from the property within ten
11 (10) days of the expiration of the permit.
12 5. Revocation of Permit, Removal of Unpermitted Collection Boxes,
13
Restitution of Fees.
CO
14 i. The Director shall have the right to revoke any permit issued
15 here under for cause. Failure to comply with the provisions of c
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16 this chapter or any other law shall constitute grounds for S
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17
revocation of the permit. When the Director revokes a permit,
the Director shall provide a written notification to the Permittee
18
stating the specific grounds for revocation.
19 ii. Upon revocation, the Unattended Collection Box shall be a
20 removed from the Permittee's real property within thirty (30)
21 days.
22 iii. Upon failure of a Permittee to remove the Unattended Q
23 Collection Box within thirty (30) days of permit revocation, the
24 City may remove, store, and/or dispose of the Unattended
25 Collection Box and its contents at the expense of the Permittee.
26 iv. Upon revocation of a permit, a Permittee shall be prohibited
from applying for a permit for a period of one calendar year.
27
6. Permits Nontransferable.
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5.D.a
1 i. Permits under this chapter are nontransferable. A Permittee shall
2 not transfer, assign or convey such permit to another person.
Any purported transfer, assignment, or conveyance of a permit
3 issued under this chapter shall be considered null and void.
4 7. Appeals.
5 i. When the Director denies a permit application or revokes an
6 existing permit, the property owner may appeal the Director's
7 determination to the Planning Commission within ten (10) days
8 of the Director's decision. Appeals of the Director's m°
N
9 determination must be made in writing with the Office of the r-
.
10 City Clerk. 2
0
8. Liability.
11 i. An Operator shall maintain a general liability insurance policy d
12 of a minimum of one million dollars ($1,000,000.00) for the
13
duration of the operation of an Unattended Collection Box at
14 each site, to cover any claims or losses due to the placement,
15 operation, or maintenance of the Unattended Collection Box. c
16 Operator's failure to maintain the required insurance coverage
L
17
shall be grounds for revocation of the permit.
9. Violation and Penalty. _
18
i. Any person who violates, causes, or allows another person to E
19 violate any provision of this ordinance is guilty of either an a
20 infraction or misdemeanor. Any person convicted of an
CD
21 infraction or misdemeanor under the provision of this ordinance
22 shall be punished by a fine, imprisonment, or both, according to Q
23 Chapter 1.12 of the City of San Bernardino Municipal Code.
24 ii. In addition to any other penalties provided in this section, up to
25 $1,000.00 in Administrative Civil Penalties may be imposed for
26 each and every day during any portion of which any violation of
any provision of these regulations is committed, continued,
27
permitted, or caused by such violator.
28
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Packet Pg. 49
5Aa
1 iii. Nothing in this Chapter shall preclude the City from pursuing
2 the remedies made applicable hereto elsewhere in this
Municipal Code or under State law, including but not limited to,
3 as applicable, revocation of permits and injunctive relief.
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
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8 property owner. m
N
9 10. Severability. o
U
i. The provisions of this Chapter are severable, and, if any
10 0
sentence, section or other part of this Chapter should be found 'a
11 to be invalid, such invalidity shall not affect the remaining d
12 provisions, and the remaining provisions shall continue in full
13
force and effect.
00
T
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 c
16 Clerk of the County of San Bernardino certifying the City's compliance with California S
L
Environmental Quality Act in adopting the Categorical Exemption. 0
17
SECTION 8. Severability: If any section, subsection, subdivision, sentence, or
18
clause or phrase in this Ordinance or any part thereof is for any reason held to be s
19 "
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision a
20 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
a�
21 part thereof. The Mayor and Common Council hereby declares that it would have adopted E
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22 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, Q
23 clauses, or phrases be declared unconstitutional, invalid, or ineffective.
24 HI
25 HI
26
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28
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5.D.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: c
9
10 Council Members: AYES NAYS ABSTAIN ABSENT v
11 MARQUEZ
12 BARRIOS
VALDIVIA
13
_ SHORETT ao
14 NICKEL
ti
15 RICHARD
MULVIHILL c
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17 T
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18 Georgeann Hanna, City Clerk
19
The foregoing Ordinance is hereby adopted this day of , 2016. a
20
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21 E
22
R. CAREY DAVIS,Mayor Q
23 Approved as to form: City of San Bernardino
24 Gary D. Saenz, City Attorney
25
26
By:
27
28
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Packet Pg. 51
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 N
ZONES) AND SECTION 19.06.030(2)(Q) (DEVELOPMENT STANDARDS) o
(SPECIFIC STANDARDS FOR COMMERCIAL ZONES)(RECYCLING m
FACILITIES FOR REUSABLE DOMESTIC CONTAINERS) OF THE o
DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN U
BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT 2
STANDARDS AND AN APPROVAL PROCESS FOR UNATTENDED v
COLLECTION BOXES OR SIMILAR STRUCTURES IN NON- v
RESIDENTIAL ZONING DISTRICTS.
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WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San M
Bernardino Development Code, the Community Development Department has prepared a City-
00
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initiated ordinance to establish development standards and an approval process for Unattended
Collection Boxes or similar structures within non-residential zoning districts; and
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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
WHEREAS, the Planning Division of the Community Development Department has
prepared Development Code Amendment 16-06 in consistency with the City of San Bernardino C
General Plan and compliance with the City of San Bernardino Development Code; and y
E
WHEREAS, pursuant to requirements of §15060(c) of the California Environmental o
Quality Act, the Planning Division of the Community Development Department evaluated 0
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 c.
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 E
Amendment 16-06 would be considered; and
a
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
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 a
Development Code Amendment 16-06; and
1
Packet Pg. 52
5.D.b
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
m
In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act o
(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. U
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 C
Unattended Collection Boxes or similar structures within non-residential zoning districts is 2
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. c
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 N
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
U
Pursuant to §19.42.030 of the City of San Bernardino Development Code, the Planning S
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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
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SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 16-02: E
Section 19.42.050 of the City of San Bernardino Development Code requires that Development d
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:
a
Finding No. 1: The proposed amendment is consistent with the General Plan.
C
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Packet Pg. 53
5.D.b
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 U)
unregulated UCB, various cities across the United States have observed a o
huge increase of resident complaints regarding the maintenance of the m
UCB and the dumping of furniture, clothing, metal, and other junk items o
at the sites. The City of San Bernardino is not immune from the problem U
of unregulated UCB. Since 2013, the City's Code Enforcement Officers (D
have observed a marked increase in regard to unregulated UCB operating ci
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 00;
are operating throughout the City of San Bernardino. The new ordinance v
by this proposed amendment provides a quick recourse and response to
UCB that are deemed a nuisance within the City of San Bernardino. Basic c
standards such as maintenance pick up, placement of structures permit
r
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 U
clear view. Therefore,the proposed ordinance is consistent with the City's 0 CA
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
0
Finding of Fact: The proposed amendment will not be detrimental to the public interest,
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. E
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5.D.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:
N
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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y^? b. Approve Development Code Amendment 16-06 based on the Findings of Fact.
PASSED,APPROVED AND ADOPTED this 201h 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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5.D.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 20th day of July 2016,by the following vote,to wit:
N
AYES: o
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NOES: o
ABSENT:
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ABSTAIN: a
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Stephanie Sanchez, Recording Secretary
City of San Bernardino, California
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EXHIBIT "A" "
Draft "UCB" Ordinance
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89 'Bd 18310ed
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,
Unattended Collection Boxes or similar structures within non-residential zoning
districts.
D
n Address: City Wide
Zone: All
Environmental Determination: Exempt from CEQA — §15061(b)(3) (Preliminary
w Review) of the California Environmental Quality
Act.
Applicant: City Hall
APN: NIA
Ward: All
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0
3 Recommended Motion: Staff recommended that the Planning Commission adopt
N Resolution No. 2016-043 forwarding a recommendation to the Mayor and Common
o Council the adoption of the Categorical Exemption and approval of Development
Code Amendment 16-06,based on the Findings of Fact.
5'
Oliver Mujica,Planning Division Manager,gave a brief presentation of the project.
CD Commissioners had questions regarding the project.
0.
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.
A Commissioner Paxton seconded the motion.
.i
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
0'd'S
5.D.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 N
Applicant: Community Development Department—Planning Division x
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 o
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 a
Community Development Department at City Hall,or by phone at(909)384-5057. v
m
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.
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Submitted: September 7,2016
Publish: September 10,2016(Display ad)
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Packet Pg. 59
ORDINANCE NO.
1
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.
WHEREAS, the current City of San Berardino Development Code was initially
9
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
1.3 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
maintained and routinely emptied;and
26 WHEREAS, the implementation of a permitting system that regulates"Unattended
27 Collection Boxes'will address the aforementioned blight and safety hazard concerns;and
2$
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1 WHEREAS,the Mayor and Common Council shall establish a nonrefundable pen-nit
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
3 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
lg 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
27
advancement of the unregulated UCB,various cities across the United
28
2
I 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
1.1 unwanted items.As of March 2016,it has been estimated that over 54
12
13 unpertnitted 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
18
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
interest,health,safety,convenience,or welfare of the City.
26
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
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 Act.
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
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—
15 Recycling Facilities for Reusable Domestic Containers)shall be amended,as follows:
Q. Recycling Facilities for Reusable Domestic Containers and unattended
16
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:
i. Unattended Collection Boxes. The purpose of this section is to enact and
21
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
herein
28
4
1 3. "Permittee"means a property owner who is issued a permit authorizing
the placement of an Unattended Collection Box on his/her property.
2 4. "Property Owner"means the person who owns the real property where
3 the "Unattended Collection Box" is located or is proposed to be
`I located.
5 5. "Residential District"means zones designated as RE.RL,R.S.RU,RM,
6 MR or RH by the City of San Bernardino Planning Department.
7 6, "Commercial District'means zones designated CO.CG-1,CG-2, CG-
S; 3, CR, CR-2, CR-3, C.R-4, or CH by the City of San Bernardino
9 Planning Department.
7. "Unattended Collection Box" means any unattended container,
10 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 tern 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:
18
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.
iii. Unattended Collection Boxes shall not be electrically or
25
hydraulically powered or mechanized.
26
2'7
28
5
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1 iv. Unattended Collection Boxes shall not become a fixture of the
site and shall not be considered an improvement to real
2
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,
1 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
4 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
lg Box maintenance issues within twenty-four(24)hours of notice
from the City,including but not limited to graffiti, vandalism,
19 and structurally-damaged boxes.
20; xi. The Permittee or Operator shall inspect the Unattended
21 j 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 Pertnittee shall be responsible for disposing
25 undesirable material or unwanted items in accordance with
26 Municipal and State laws.
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I xiii. The name, address, telephone number, email address and web
address of the Operator shall be displayed on the front of each
2
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.
xvii. Each Unattended Collection Box shall display the phone
1.0
number of a City hotline provided by the Director in legible
11 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
accordance with the Americans with Disabilities Act
17
c) Emergency access or fire lanes
18
d) Marked drive aisles or on-site vehicular and pedestrian
19 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 b) Building exits
25 ii. Unattended Collection Boxes shall not be permitted on any
unimproved parcel or where the principal use of land has been
26
closed or unoccupied for more than thirty(30)consecutive days.
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iii. Unattended Collection Boxes shall be placed on a surface that is
paved,level,and free of dust.
2
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.
la vii. Unattended Collection Boxes shall provide a minimum 100 foot
setback fiom parcel line with properties that are residentially
11 zoned or have existing residential uses.
12 3. Pennits.
13 i. It shall be unlawful and hereby declared a public nuisance for
14 any person to place, operate, maintain or allow Unattended
ig Collection Boxes on real property unless the property owner
16 first obtains a pen-nit 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:
19 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
indicating the size of the Unattended Collection Box,
27
28
8
I and the proposed location of the Unattended Collection
Box on said property.
2
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 tiled with the Community
8 Development Department.
N V. Within sixty(60)days of receiving a completed application,the
Community Development Department shall either issue a permit
10
or deny the issuance of a permit.
11 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
reasons for denial.
18
4. Term of Permit,Renewal of Permits.
19 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 pen-nit shall be renewed annually. The application for
renewal must be filed no later than thirty (30) days before
25
pen-nit expires.
26
iii. Permittee may apply for permit renewal by submitting a renewal
27 application and a non-refundable annual renewal fee to the
28
9
i
Director before the expiration of a current permit. The annual
1
renewal fee shall he in the amount set by resolution of the
2
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 pen-nit 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 Pen-nit.
Id
vi. if a permit expires and is not.timely renewed, the Unattended
11 Collection Box must be removed from the property within ten
12 (10)days of the expiration of thepennit.
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
revocation of the permit, When the Director revokes a permit,
18
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 �.t, �jpgn.....�,la,�.��' �+* -°ry �� td�El•• -- Formatted:Indent:left: 1.5",Hanging: 0.5",
No bullets or numbering
24 Ge1jeetion to wi h+n thice F30}days € t
C}i ancry a en= vr;;sg<.�re se 4-t4e-_.Urtatte4ded
25
_ents at,the ,
26
--::_Upon revocation of a permit, a Permittee shall be prohibited
27 from applying for a permit for a period of one calendar year.
2s
10
6. Permits Nontransferable.
1
i. Permits under this chapter are nontransferable.A Permittee shall
2
not transfer, assign or convey such permit to another person.
3 Any purported transfer,assignment, or conveyance of a permit
4 issued under this chapter shall be considered null and void.
S 7. Appeals.
6 i. When the Director denies a permit application or revokes an
7 existing permit, the property owner may appeal the Director's
8 determination to the Planning Commission within ten(10) days
9 of the Director's decision. Appeals of the Director's
determination must be made in writing with the Office of the
Ill
City Clerk.
11 8. Liability.
12 i. An Operator shall maintain a general liability insurance policy
13 of a minimum of one million dollars ($1,000,000.00) for the
14 duration of the operation of an Unattended Collection Box at
15 each site. to cover any claims or losses due to the placement,
16 operation, or maintenance of the Unattended Collection Box.
17 Operator's failure to maintain the required insurance coverage
shall be grounds for revocation of the permit.
181 9. Violation and Penalty.
19 i. Any person who violates, causes, or allows another person to
20 violate any provision of this ordinance is guilty of either an
21 infraction or misdemeanor. Any person convicted of an
22 infraction or misdemeanor under the provision of this ordinance
23 shall be punished by fine,imprisonment,or both,according to
24 Chapter 1.12 of the City of San Bernardino Municipal Code.
25 ii. In addition to any other penalties provided in this section,up to
$1,000.00 in Administrative Civil Penalties may be imposed for
26
each and every day during any portion of which any violation of
27
28
11
I any provision of these regulations is committed, continued,
permitted,or caused by such violator.
2 iii. Nothing in this Chapter shall preclude the City from pursuing
3 the remedies made applicable hereto elsewhere in this
4 Municipal Code or under State law,including but not limited to,
5 as applicable, revocation of permits.--aftd injunctive relief and
6 removal of the Unattended Collection Bins Dursuant to C
7 &30 of the San Bernardino Municip�L]Code.
8 iv. Pursuant to Government Code section 38773, all unpaid
9 expenses incurred by the City in connection with an action to
abate a public nuisance shall be a lien against the property on
10 which it is maintained and a personal obligation against the
11 property owner.
12 10 Severability.
13 i. The provisions of this Chapter are severable, and, if any
14 sentence, section or other part of this Chapter should be found
15 to be invalid, such invalidity shall not affect the remaining
16 provisions, and the remaining provisions shall continue in full
force and effect.
SECTION 7. - Notice of Exemp!Lorr. The Planning Division of the Community
18 Development Department is hereby directed to file a Notice of Exemption with the County
19 Clerk of the County of San Bernardino certifying the City's compliance with California
20 Environmental Quality Act in adopting the Categorical Exemption.
21 SECTION 8. Severabilit : If any section, subsection, subdi\�sion, sentence, or
22 clause or phrase in this Ordinance or any part thereof is for any reason held to be
23 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
24 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
25 patt thereof. The Mayor and Common Council hereby declares that it would have adopted
26 each section irrespective of the fact that any one or more subsections,subdivisions.sentences,
clauses,or phrases be declared unconstitutional,invalid,or ineffective.
1 ;1;
f!/
2
Ali
3 111
4
5 rr
6 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)((2)
8 (DEVELOPMENT STANDARDS)(SPECIFIC STANDARDS FOR COMMERCIAL
ZONES)(RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS)
9 OF THE DEVELOPMENT CODE (TITLE 19) OF THE SAN BERNARDINO
MUNICIPAL CODE TO ESTABLISH DEVELOPMENT STANDARDS AND AN
10 APPROVAL PROCESS FOR UNATTENDED COLLECTION BOXES OR SIMILAR
11 STRUCTURES IN NON-RESIDENTIAL ZONING DISTRICTS.
12 1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
13 and Common Council of the City of San Bernardino at a regular meeting thereof,held on the
14 day of 2016,by the following vote to wit:
15
Council Members: AYES NAYS ABSTAIN ABSENT
16 MARQUEZ
17 BARRIOS
18 VALDIVIA
19 SHORETT
NICKEL
20 RICHARD
21 MULVIHILL
22
23 Georgeann Hanna,City Clerk
24
25 The foregoing Ordinance is hereby adopted this day of.___.....__,2016.
26
27
28 R.CAREY DAVIS,Mayor
13
1 Approved as to form: City of San Bernardino
Gary D.Saenz,City.Attorney
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4 Bye,"-
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I
Chapter 8.27
NUISANCES
(Repealed by Ord. MC-1418, 10-05-15)
Chapter 8.30
PUBLIC NUISANCES9
(as amended by Ord. MC-1418, 10-05-15)
Sections:
8.30.010 Purpose
8.30.015 Definitions
8.30.020 Declaration of nuisances
8.30,021 Summary/Emergency Abatement
8.30.022 Summary/Emergency Abatement Post-Abatement Hearing
8.30.023 Method of giving notice
8.30.025 Determination of nuisance
8.30,030 Appeal
8.30.035 Time limit for compliance
8.30.040 Abatement by City
8.30.041 Report of abatement costs
8.300042 Recovery of attorneys' fees and report of attorneys' fees
8.30.043 Treble damages
8.30.045 Protest of abatement costs
8.30.050 Council action
8.30.055 Imposition of special assessment lien and notice
8.30.056 Recording of nuisance abatement lien
8.30.060 Collection of costs and attorney' s fees prior to hearing
8.30.065 Alternative remedies
8.30.070 Violation - Penalty
8.30.010 Purpose
It is hereby declared to be in the public interest to promote the health, safety and
welfare of the residents of the City of San Bernardino by providing procedures for the
abatement of nuisances as declared by the Mayor and Common Council of the City of
San Bernardino, which abatement procedures shall be in addition to all other proceedings
authorized by this Code or otherwise by law,
� For charter provisions aUftri7in'0 the C.,omm.on Council to define nuisances arld
provide for their removal, see Charter §40('c;. [Return to Municipal Code Contents]
[Rev. October 20161 8-58 [Return to Title 8 Contents]
8.30,015 Definitions
For the purpose of this Chapter the following words and phrases shall have the
meanings given herein:
a) "Abandoned vehicle" means a physically inoperable vehicle.
b) "Abatement" means the demolition, removal, repair, maintenance, construction,
reconstruction, replacement, or reconditioning of structures, appliances or
equipment; or the removal, transportation, disposal and treatment of waste and
abandoned materials and equipment capable of harboring, breeding, or attracting
rodents or insects or producing odors or blight.
c) "Administrative Hearing Officer" or" Hearing Officer" shall mean any individual
appointed by the City Manager of the City of San Bernardino, or his/her designee,
to hear the appeal on a determination of the existence of a nuisance.
d) "Agricultural groves" means any grove of ten or more trees on a parcel or lot.
e) "Attractive nuisance" means any condition, instrumentality, or machine which is
unsafe and unprotected and thereby dangerous to young children by reason of their
inability to appreciate the peril which exists, and which may reasonably be expected
to attract young children to the premises and risk injury by playing with, in, or on it.
Attractive nuisances may include, but shall not be limited to:
1. Abandoned and/ or broken equipment;
2. Swimming pools being used as fish ponds or other uses contrary to permitted
swimming or other pool uses, subject to state or local regulations requiring,
without limitation, that drains be visible from the water' s surface and that the
water be filtered:
I Hazardous and/ or unmaintained pools, ponds, culverts, excavations; and
4. Neglected machinery.
"Building" means any structure including, but not limited to any house, garage,
duplex, apartment, condominium, stock cooperative, mobile home, or other
residential structure or any portion thereof, which is designed, built, rented or
leased to be occupied or otherwise is intended for supporting or sheltering any use
or occupancy, and any commercial, industrial, or other establishment, warehouse,
kiosk, or other structures affixed to or upon real property, used for the purpose of
conducting a business, storage or other activity.
[Return to Municipal Code Contents]
[Rev. October 2016] 8-59 [Return to Title 8 Contents]
g) "Construction material"means any discarded material from the building or destruction
of structures, road and bridges including concrete, rocks, asphalt, plasterboard,
wood and other related material.
h) "Code Enforcement Director" shall mean the Community Development Director or
the Chief of Police for the City of San Bernardino.
i) "Excavation" means any wells, shafts, basements, cesspools, septic tanks, fish
ponds, and other like or similar conditions more than six inches in diameter and
three feet in depth.
j) "Foul" means very offensive to the senses.
k) "Garbage" means any putrescible animal, fish, fowl, food, fruit, or vegetable matter
resulting from the cultivation, preparation, storage, handling, decay or consumption
of the substance.
"Hazardous materials and waste" means any chemical, compound, mixture,
substance or article which is identified or listed by the United States Environmental
Protection Agency or appropriate agency of the State of California as a " hazardous
waste" as defined in 40 C. F. R. 261. 1 through 261. 33, except that for purposes of
this Chapter, hazardous waste also shall include household waste as defined in 40
C. F.R. 261.44 B)( 1).
m) "Inoperable vehicle" means mechanically incapable of being driven or prohibited
from being operated on a public street or highway pursuant to Vehicle Code Sections
4000, 5202, 24002, 40001, concerning license plates, registration, equipment,
safety and related matters.
n) "Noxious" means hurtful or unwholesome.
o) "Odor" means any smell, scent, or fragrance.
p) "Owner" means any person, agent, firm or corporation having legal or equitable
interest in the property.
q) "Premises" means any lot or parcel of land upon which a building is situated,
including any portion thereof improved or unimproved, and adjacent streets,
sidewalks, parkways and parking areas.
r) "Property" means any lot or parcel of land, including any alley, sidewalk, parkway or
unimproved public easement.
[Return to Municipal Code Contents]
[Rev. October 2016] 8-60 [Return to Title 8 Contents]
ALM
s) "Refuse" means any putrescible and non-putrescible solid waste,except sewerage,
whether combustible or noncombustible and includes garbage and rubbish.
t) "Stagnant water": Water which is allowed to become stagnant contained in ditches,
pools, ponds, steams excavations, holes, depressions, open cesspools, privy
vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, tires,
boxes, bottles,tubs, buckets, roof gutters, tanks of flush closets, reservoirs,vessels,
receptacles of any kind or other containers or devices which may hold water.
u) "Unmerchantable" means unsalable.
v) "Vehicle" means any device by which any person or property may be propelled,
moved, or drawn upon a highway, or upon water, excepting a device moved
exclusively by human power, or used exclusively upon stationary rails or tracks.
w) "Violator" means any responsible party, including the landowner, or lessee, tenant,
or any other person who had possession or custody of the property.
x) "Waste matter" means any rubbish or construction material.
y) "Weeds" means useless and troublesome plants generally accepted as having no
value and frequently of uncontrolled growth,
8.30.020 Declaration of nuisances
It is unlawful and is hereby declared a nuisance for any person owning, leasing,
occupying or having charge or possession of any property and any vehicles thereon,
in the City to maintain the property in such a manner that any of the following conditions
are present:
A. The existence of any garbage, rubbish, refuse or waste matter upon the premises
contrary to the provisions of the San Bernardino Municipal Code.
B. The existence of weeds upon the premises, including public sidewalks, streets or
alleys between said premises and the centerline of any public street or alley.
C. The existence of overgrown, dead, decayed, diseased or hazardous trees, and
other vegetation, including but not limited to dead agricultural groves which are:
(1) likely to attract rodents, vermin or other nuisances, or
(2) constitutes a fire hazard, or
(3) is dangerous to the public safety and welfare.
[Return to Municipal Code Contents]
[Rev. October 2016] 8-61 [Return to Title 8 Contents]
D, Overgrown vegetation including trees, shrubbery, ground cover, lawns and
decorative plantings which substantially detract from the aesthetic and property
values of neighboring properties.
E. Any abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet,
cabinet, or other household fixture or equipment visible from a public right-of-way.
F The existence of any abandoned, wrecked, dismantled or inoperative motor vehicle
upon the premises contrary to the provisions of the San Bernardino Municipal Code.
G. The storage or parking of certain vehicles as follows:
1 The storage or parking of trucks exceeding the manufacturer's gross vehicle
weight rating of 10, 000 pounds on all areas of all residential zones, and the
storage or parking of other vehicles on the landscaped front and street side
yard setback area of all residential zones, including but not limited to the front
lawn areas, contrary to the provisions of the San Bernardino Municipal Code.
2, The storage or parking of vehicles on any unpaved parcel of property where
such vehicle is
(a) likely to disrupt traffic flow in the City',
(b) stir up dust from driving on the unimproved surface;
(c) negatively impact the aesthetics of the City;
(d) allow oils and other unwanted substances to drip onto the untreated dirt
surface; and/ or
(e) cause traffic obstructions by impeding the line of vision of drivers at
intersections.
Vehicles parked in conjunction with a temporary use as permitted under San
Bernardino Municipal Code are excepted.
H. The outdoor storage of personal property on private property as follows:
1 Any furniture ( except for furniture specifically designed for outdoor use), on
porches, balconies,sun decks,front,side and/or rear yards,any other personal
property not designed for outdoor use and in good working order;
[Return to Municipal Code Contents]
[Rev. October 2016] 8-62 [Return to Title 8 Contents)
2. The existence of any hay, straw, lumber, papers, or other substances, junk,
packing boxes, recyclable materials, salvage materials, build ing/construction
materials,equipment; unless necessarily kept or stored undervalidly permitted,
current construction; appliances, commercial/industrial machinery and/or
equipment( whether operable or inoperable); and
3. Any item causing an unsightly appearance which is visible from the public
right-of way or sites of neighboring properties or which provides a harborage
for rats and/ or other vermin, or creates any other potential health hazard or
nuisance.
1. The outdoor storage of personal property on public property as follows:
1 The use of public property to store, maintain, place or abandon any personal
property, on any public street, any public sidewalk, any parking lot or public
area, improved or unimproved, any public park, parkway, median or greenbelt,
except as otherwise provided.
2. Any personal property stored, maintained, placed or abandoned in violation
of this section may be removed and discarded at the discretion of the Public
Works Director, Code Enforcement Director or their designees.
J. Any dangerous or substandard building, whether or not occupied, abandoned,
boarded- up or partially destroyed contrary to the provisions of the Uniform Fire
Code, Uniform Building Code, Uniform Housing Code, Uniform Code for Abatement
of Dangerous Buildings, and/or the San Bernardino Municipal Code,
K. Peeling or blistering paint on any building or structure such that the condition is
plainly visible from a public right-of-way.
L The existence of loud or unusual noises, or foul or noxious odors which offend the
peace and quiet of persons of ordinary sensibilities and which interferes with the
comfortable enjoyment of life or property and affect the entire neighborhood or any
considerable number of persons.
M, The existence of hazardous substances and waste unlawfully released, discharged,
or deposited upon any premises onto any City property.
N, The existence of any stagnant water or water contained in hazardous and/ or
unmaintained swimming or other pools which obscure required visibility and proper
filtering.
[Return to Municipal Code Contents]
[Rev. October 2016] 8-63 [Return to Title 8 Contents]
I
0. Any vacant commercial or industrial property on which are located signs related to
uses no longer conducted or products no longer sold on the premises, provided that
outdoor advertising displays which are located in permitted zoning districts or which
are otherwise legally permitted are excepted herefrom-,
P. Automobile service stations, and the buildings and premises thereof, that have
been vacant or abandoned for a period in excess of one hundred and eighty (180)
consecutive days without being reestablished and which have been maintained in
such a condition as to become so defective, unsightly, or in such a condition of
deterioration or disrepair that the same cause appreciable diminution of the property
values of surrounding properties, or are materially and economically detrimental to
the neighboring properties and improvements.
Q. Underground or aboveground storage vessels or tanks that have remained for more
than six (6) months after the use.of such tanks or vessels ceases;
R. Any attractive nuisance.
S, Any other condition which is contrary to the public peace, health and safety,
T. Any other violation of the San Bernardino Municipal Code,
8,30.021 Summary/Emergency Abatement
Notwithstanding any other provision of this Chapter with reference to the
abatement of public nuisance. In cases of manifest public danger and/ or immediate
necessity, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer,
Director of Public Works, Building Official, or their designees, shall have the authority to
immediately call a contractor to abate any public nuisance, which presents an immediate
threat to public health or safety, at the sole discretion of the Code Enforcement Director,
Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or
their designees. Any such abatement activity may be conducted without observance of
any notice requirements described in this chapter. The City may recover all abatement
costs as set forth in this chapter.
[Return to Municipal Code Contents]
[Rev, October 2016] 8-64 [Return to Title 8 Contents]
8.30.022 Summary/Emergency Abatement Post-Abatement Hearing
A, Within ten (10) calendar days of any summary abatement action where the
Building Official or the Code Enforcement Director, or their designees, have caused
any public nuisance, which presents an immediate threat to public health or
safety, to be abated in accordance with section 8.30.021 of this chapter, the Code
Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public
Works, Building Official, or their designees, responsible for initiating the summary
abatement proceedings shall provide the owner of the property that was summarily
abated with a notice of postabatement hearing to contest the validity of the
summary abatement,
B Such notice shall be given in accordance with section 8,30.023 of this chapter and
contain the following information.
1) That a hearing has been scheduled within thirty(30)days of the notice provided
under 8.30,022(A), before the Administrative Hearing Officer-,
2) That emergency action was taken with regard to the property;
3) The reason why the Building Official or the Code Enforcement Director, or their
designee made the decision to initiate summary abatement proceedings at the
property.
C. At the hearing, the Administrative Hearing Officer shall consider all relevant
evidence, including, but not limited to, applicable staff reports. The Administrative
Hearing Officer shall give any interested person a reasonable opportunity to be
heard in conjunction therewith. Based upon the evidence presented, the
Administrative Hearing Officer shall determine whether the emergency action was
warranted. The hearing shall not be conducted according to the formal rules of
evidence or procedure.
D. The expense of abatement shall be itemized and, after a hearing, notice of which
is given in substantial compliance with section 8.30,023, relating to the emergency
nature of the abatement and the expenses incurred, shall constitute a special
assessment and lien against the abated parcel as set forth in Sections 8.30,041,
8.30.042, 8,30.043,8.30.045,8.30.050, 830,055, 8.30.056,8.30.060 and 8.30.065.
E. The decision of the Hearing Officer on the determination of nuisance is final.
Any appeal of the Hearing Officer's decision shall be governed by California
Code of Civil Procedure Section 1094.6 or such section as may be amended from
time to time.
[Return to Municipal Code Contents]
[Rev. October 2016] 8-65 [Return to Title 8 Contents]
NL
8.30.023 Method of giving notice
Any notice required by this chapter may be served in any one of the following
methods:
1 by personal service on the owner, occupant, or person in charge or control
of the property-,
2) by certified mail, postage prepaid, return receipt requested. Simultaneously, the
same notice may be sent by regular mail addressed to the owner or person in
charge and control of the property, at the address shown on the last available
assessment roll, or as otherwise known. If a notice that is sent by certified mail is
returned unsigned,then service shall be deemed effective pursuant to regular mail,
provided the notice that was sent by regular mail is not returned; or
3) by posting in a conspicuous place on the premises or abutting public right-of-
way, or
4) in the alternative, insertion of a legal advertisement at least once a week for
the period of two weeks in a newspaper of general circulation in the City of San
Bernardino,
5) The failure of any person with an interest in the property to receive any notice served
in accordance with this section shall not affect the validity of any proceedings taken
under this Chapter.
8.30.025 Determination of nuisance
A. The Code Enforcement Director, or his or her designee, may determine that
any premises within the City may constitute a public nuisance pursuant to any
provisions of Section 8.30.020 and may initiate abatement proceedings pursuant
to this Chapter. The Code Enforcement Director or the authorized representative
thereof shall set forth in such determination in a notice to abate which shall identify
the premises and state the conditions which may constitute the nuisance and shall
require that such conditions be corrected within such time periods set forth in the
notice to abate.
B. The notice to abate to the owner or person in control or charge of the property shall
include
(1) the condition or conditions on the premises creating the nuisance;
(2) a reasonable time limit to abate the nuisance; and
[Return to Municipal Code Contents]
[Rev.October 20161 8-66 [Return to Title 8 Contents]
(3) the right to appeal.
The notice shall direct the abatement of the nuisance and refer to this chapter for
particulars.
C. The notice shall be served not less than ten calendar days before the date of the
scheduled abatement. Failure of the owner to accept or otherwise receive such
notice shall not affect the validity of any proceeding pursuant to this Chapter.
D. "Owner" as used in this chapter shall mean any person in possession and also any
person having or claiming to have any legal or equitable interest in said premises,
as disclosed by a current title search from any accredited title company.
8.30.030 Appeal
A. Within ten days from the date of giving notice to abate, the violator may file an
appeal to the determination of the nuisance with the City Clerk, Such appeal shall
be in writing and shall identify the property subject to the Notice of Violation, The
Code Enforcement Director shall then cause the matter to be set for hearing before
a Hearing Officer contracted by the City to hear such matters.
B� Notice of the date of hearing shall be given in writing. The date of the hearing shall
be no sooner than fifteen days from the date when notice of the hearing is given to
the appellant and to the Code Enforcement Director.
C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the
testimony of all competent persons desiring to testify respecting the condition
constituting the nuisance.
D. At the conclusion of the hearing, the Hearing Officer shall determine whether or
not a nuisance exists, and if the Hearing Officer so concludes, he may declare the
conditions existing to be a nuisance and direct the person Owning the property upon
which the nuisance exists to abate it within ten days after the date of posting on the
premises a notice of the Hearing Officer's order. The Hearing Officer may amend
time to abate the nuisance, if in his or her opinion, there exists good cause for the
amendment of time to abate.
E. The decision of the Hearing Officer on the determination of nuisance is final.
Any appeal of the Hearing Officer's decision shall be governed by California
Code of Civil Procedure Section 1094. 6 or such section as may be amended from
time to time.
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[Rev. October 2016] 8-67 [Return to Title 8 Contents]
Ar
ILM
8.30.035 Time limit for compliance
The violator must abate the nuisance within the period of time set forth in the Notice
of Violation, or, in case of an appeal, within ten days from the finding of the Hearing
Officer or such longer period as may be determined by the Administrative Hearing Officer,
Unless an emergency situation exists, the violator shall be given at least ten days to abate
the nuisance.
8,30.040 Abatement by City
A. If the nuisance is not abated by the violator within the time limits set forth above in
Section 8,30.035, the City, by its employees or any hired contractor, may cause the
nuisance to be abated,
8.30.041 Report of abatement costs
A. The Code Enforcement Director shall thereafter cause a report of the action
and an accurate account of the costs to be filed with the City Clerk of the City
of San Bernardino.
B. The statement shall be accompanied by a notice to the owner that the cost
of abatement may be protested as set forth in Section 8,30.045. if the cost is
not protested within ten calendar days after service, it shall be deemed final.
8.30.042 Recovery of attorneys'fees and report of attorneys'fees
In any action, administrative proceeding, or special proceeding to abate a nuisance,
the prevailing partyshall be entitled to recovery of attorneys'fees.The recovery of attorneys'
fees by the prevailing party shall be limited to those individual actions or proceedings in
which the City elects, at the initiation of that individual action or proceeding, to seek
recovery of its own attorneys' fees.
In no action, administrative proceeding, or special proceeding shall an award of
attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees
incurred by the City in the action or proceeding. The City Attorney's Office shall thereafter
cause a report of the action and an accurate account of costs to be filed with the City
Clerk of the City of San Bernardino,
8.30.043 Treble damages
Upon entry of a second or subsequent civil or criminal judgment within a two-year
period finding that an owner of property is responsible for a condition that may be abated
in accordance with this ordinance,except for conditions abated pursuant to Section 17980
of the Health and Safety Code, related to substandard buildings, the court may order the
owner to pay treble the costs of the abatement,
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[Rev. October 20161 8-68 [Return to Title 8 Contents]
8.30.045 Protest of abatement costs
A. The property owner may protest the cost of abatement by filing a written
request for a hearing on the abatement costs with the Code Enforcement Director,
and the Code Enforcement Director shall cause a Hearing to be set before the
Administrative Hearing Officer. At the time fixed for the hearing on the statement
of abatement costs, the Administrative Hearing Officer shall consider the
statement and protests or objections raised by the person liable to be assessed for
the cost of the abatement.
B. The Hearing Officer may revise, correct or modify the statement as the Hearing
Officer considers just and thereafter shall confirm the cost.
C. The decision of the Hearing Officer shall be in writing and shall be served by mail.
The decision of the Hearing Officer on the abatement costs shall be final.
D. Any appeal of the Hearing Officer's decision shall be governed by California
Code of Civil Procedure Section 1094. 6 or such section as may be amended
from time to time.
8.30.050 Council action
A. If the property owner does not pay the cost of abating the nuisance within thirty
calendar days after the cost becomes final or the hearing officer confirms the costs
of abatement, the cost shall become a special assessment against the real property
upon which the nuisance was abated. The assessment shall continue until it is
paid, together with interest at the legal maximum rate computed from the date of
confirmation of the statement until payment. The assessment may be collected at
the same time and in the same manner as ordinary municipal taxes are collected
and shall be subject to the same penalties and the same procedure and sale in
case of delinquency as provided for ordinary municipal taxes.
B. The City Council shall adopt a resolution assessing such unpaid costs of
abatement as liens upon the respective parcels of land as they are shown upon the
last available assessment roll,
8.30.055 Imposition of special assessment lien and notice
A. The City Clerk shall prepare and file with the County Auditor a certified copy of the
resolution of the City Council assessing the costs of abatement as a lien on the
land, adopted pursuant to the preceding section.
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[Rev. October 2016] 8-69 [Return to Title 8 Contents]
B. Notice of lien shall be mailed by certified mail to the property owner, if the property
owner's identity can be determined from the County Assessor's or County Recorder's
records.The notice shall be given at the time of imposing the assessment and shall
specify that the property may be sold after three it years by the Tax Collector for
unpaid delinquent assessments. The Tax Collector's power of sale shall not be
affected by the failure of the property owner to receive notice,
C. The County Auditor shall enter each assessment on the County tax roll upon the
parcel of land. The assessment shall be collected at the same time and in the same
manner as ordinary municipal taxes are collected, and shall be subject to the same
penalties and procedure and sale in case of delinquency as is provided for ordinary
municipal taxes. All laws applicable to the levy, collection and enforcement of
municipal taxes shall be applicable to the special assessment. However, if any real
property to which the cost of abatement relates has been transferred or conveyed
to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for
value has been created and attaches thereon, prior to the date on which the first
installment of the taxes would become delinquent, then the cost of abatement shall
not result in a lien against the real property but instead shall be transferred to the
unsecured roll for collection. The tax collector's power of sale shall not be affected
by the failure of the property owner to receive notice,
8.30.056 Recording of nuisance abatement lien
As an additional remedy, the Code Enforcement Director may cause a nuisance
abatement lien for costs related to abatements, other than dangerous building abatements,
to be recorded with the San Bernardino County Recorder's Office, pursuant to the
provisions of Government Code Section 38773.1,
8,30.060 Collection of costs and attorney' s fees prior to hearing
The City may accept payment of any amount due at any time prior to the filing of
a certified copy of the City Council resolution assessing the abatements costs with the
County Auditor.
8.30.065 Alternative remedies
The procedures established in this Chapter shall be in addition to criminal. civil or
other legal or equitable remedies established by law which may be pursued to address
violations of this Code or applicable state codes and the use of this Chapter shall be at
the sole discretion of the City.
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8.30.070 Violation—Penalty
A. The owner or other person having charge or control of any such buildings or premises
who maintains any public nuisance defined in this Chapter, or who violates an order
of abatement made pursuant to §8.30,030 is guilty of a misdemeanor,
B. Any occupant or lessee in possession of any building or structure contrary to an
order given as provided in this Chapter is guilty of a misdemeanor.
C. No person shall obstruct, impede or interfere with any representative of the City or
with any representative of a City department or with any person who owns or holds
any estate or interest in a building which has been ordered to be vacated, repaired,
rehabilitated or demolished and removed, or with any person to whom any such
building has been lawfully sold pursuant to the provisions of this Code whenever
any such representative of the City Council, representative of the City, purchaser
or person having any interest or estate in the building is engaged in vacating,
repairing, rehabilitating or demolishing and removing any such building pursuant to
the provisions of this Chapter, or in performing any necessary act preliminary to or
incidental to such work as authorized or directed pursuant to this Chapter.
Chapter 8.33
(Repealed by Ord. MC-807, 9-18-91)
Chapter 8.35
(Repeaied by Ord. MC-I 260, 12-04-07)
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