HomeMy WebLinkAboutMC-1188
Adopted:
Effective:
October 4, 2004
October 4, 2004
1
I,
ORDINANCE NO.
Me-lI88
2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
ESTABLISHING A MORATORIUM ON CERTAIN NEW BUSINESSES AND THE
3 RELOCATION OF SAID BUSINESSES IN THE CITY, DECLARING THE URGENCY
THEREOF, AND TAKING EFFECT IMMEDIATELY.
4
5
The Mayor and Common Council ofthe City of San Bernardiuo do ordain as follows:
SECTION 1. FINDINGS. The Mayor and Common Council of the City of San
6 Bernardino hereby finds and declares that:
7
(a) There has been an overproliferation of the following commercial uses in the City
8 of San Bernardino:
9
(1)
(2)
(3)
(4)
(5)
(6)
10
11
12
13
14
15
16
(7)
(8)
17
Smoke Shops;
"99 Cent Stores;"
Tattoo Parlors and/or Body Piercing Studios;
Second Hand StoreslThrift Stores;
Check-Cashing Facilities;
Convenience Stores within a one mile radius of another convenience
stores;
Pawn Shops;
Automotive Stereo Shops.
(b) The above-referenced commercial uses have caused or contributed to one or more
18 of the following adverse effects to the surrounding areas:
19
(I)
(2)
(3)
(4)
(5)
20
21
22
23
increased crime,
loitering, litter and illegal dumping,
illegal signage,
improperly maintained landscaping,
depreciation of property values.
24 (c) The establishment of any new business or the relocating of any said business set
forth in Subsection (a), above, will result in causing or contributing to the adverse effects listed in
25 Subsection (b), above.
26 (d) The City's Development Services Department has been directed to evaluate and
make recommendations to the Legislative Review Committee and the Common Council, and, if
27 necessary, the Planning Commission, regarding the necessity and form of regulation of any new
business or relocation of said business set forth in Subsection (a).
28 III
HE/cj [Moratorium.ord]
1
MC-1l88
1 (e) The establishment of any new business or relocation of said business set forth in
Subsection (a) will result in conflicts with regulations that may ultimately be adopted by the Mayor
2 and Common Council.
3 (I) For the reasons stated herein, the establishment of any new business or relocation
of said business set forth in Subsection (a) during the term of this Ordinance, poses a current and
4 immediate threat to public health, safety and welfare.
5 (g) This Urgency Ordinance is not a project subject to the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b). In the event that this Ordinance
6 is found to be a project under CEQA, it is subject to the CEQA exemption contained in Section
15061 (b) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that
7 it may have a significant effect on the environment. This Ordinance will not create a change in the
environment because it maintains the status quo.
8
SECTION 2. Notwithstanding any conflicting provision(s) in the San Bernardino
9 Municipal Code, including the Development Code, during the term of this Urgency Ordinance, no
Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy, Zoning
10 Verification Review, or Business Registration Certificate shall be issued or granted for the
establishment of a new business, or the relocation of an existing business, in the City of San
11 Bernardino within the following categories of commercial uses:
12
(1)
13
14
(2)
15
16
(3)
17
18
19
20
21
(4)
22
23
24
25
(5)
26
27
28 III
I-IE/cj [Moratorium.ord]
Smoke Shops - Establishments that sell cigarettes, cigars, pipes, bongs,
tobacco, and related paraphernalia;
"99 Cent Stores" - Establishments that sell a variety of merchandise in the
low price ranges; they sell inexpensive apparel and accessories, costume
jewelry, notions and small wares, candy, fountain refreshments, toys, and
other low-priced items;
Tattoo Parlors and/or Body Piercing Studios - establishments that engage
in any method of placing permanent designs, letters, scrolls, figures,
symbols, or any other marks upon or under the skin with ink or any other
substance, by the aid of needles or any other instruments designed to touch
or puncture the skin, resulting in either the coloration of the skin, or the
production of scars or scarring and/or establishments that create an opening
in the body of a person for the purpose of inserting jewelry or other
decoration;
Second Hand StoreslThrift Stores - Establishments that sell used
merchandise such as clothing and shoes, household furniture, home
furnishings and appliances, books and magazines, office furniture, used
musical instruments, used phonographs and records, used fixtures and
equipment, including re-sale shops, consignment shops, and similar
businesses, but exempting such stores owned or operated by existing entities
recognized as non-profit by the Secretary of State, the State of California,
and in "good status" with the same;
Check-Cashing Facilities - Establishments that engage, in whole or in part,
in the business of cashing checks, warrants, drafts, money orders, or other
commercial paper serving the same purpose, such facilities do not include
a state or federally chartered bank, savings and loan association, credit
union, or industrial loan company;
2
Me-U88
1
(6)
Convenience Stores (if located within a one mile radius of another
convenience store) - The retail sale of groceries, staples, sundry items,
and/or alcoholic beverages where the gross floor area is less than 5,000
square feet;
2
3
(7)
Pawn Shops - Businesses that loan money or other items of value to any
person, firm or corporation, upon any personal property, personal security
or the purchasing of personal property and reselling or agreeing to resell
such articles at prices previously agreed upon;
4
5
6
(8)
Automotive Stereo Shops - Establishments that exclusively sell and install
automotive stereos and accessories.
7
SECTION 3. This Urgency Ordinance shall automatically expire nine months after
8 adoption unless extended by the Mayor and Common Council.
9 SECTION 4. This Urgency Ordinance is based upon the findings set forth in Section 1,
above, and the accompanying Staff Report and its attachments to this ordinance, and is adopted
10 pursuant to the authority granted to the City of San Bernardino in Article 11, Section 7 of the
California Constitution, and pursuant to Article III, Section 31 of the Charter of the City of San
11 Bernardino. This Urgency Ordinance shall take effect immediately upon adoption.
12 SECTION 5. The provisions of this Ordinance are declared to be separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance,
13 or the invalidity of the application thereof to any person or circumstance shall not affect the validity
of the remainder of this Ordinance, or the validity of its application to other persons or circumstances.
14
IIII
15
IIII
16
III
17
III
18
III
19
III
20
21
22
23
24
25
26
27
28
HE/cj I Moratorium.ord] 3
KC-lI88
1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING A
MORATORIUM ON CERTAIN NEW BUSINESSES AND THE RELOCATION OF SAID
2 BUSINESSES IN THE CITY, DECLARING THE URGENCY THEREOF, AND TAKING
EFFECT IMMEDIATELY.
3
4
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on the4thday
5
of October
6
, 2004, by the following vote, to wit:
7
COUNCIL MEMBERS:
8
ESTRADA
9
LONGVILLE
10
MCGINNIS
11
DERRY
12
KELLEY
13
JOHNSON
14
MC CAMMACK
15
16
17
18
AYES
NAYS
ABSTAIN ABSENT
x
x
x
......L...
......L...
......L...
......L...
Q~l.lh~
~~~ity Clerk
19
The foregoing Ordinance is hereby approved this S~ day of Oc tober, 2004.
20
21
22
'?~
TH VALLES,
or City of San Bernardino