HomeMy WebLinkAboutMC-1196U
Adopted: June 6, 2005
Effective: June 6, 2005
1 ORDINANCE NO. MC-1196
2
3 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
ORDINANCE NO. MC-1188, ESTABLISHING A MORATORIUM ON CERTAIN NEW
4 BUSINESSES AND THE RELOCATION OF SAID BUSINESSES IN THE CITY,
DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY.
5
6
The Mayor and Common Council ofthe City of San Bernardino do ordain as follows:
Ordinance No. MC-1188 is hereby amended to read as follows:
7
SECTION 1. FINDINGS. The Mayor and Common Council of the City of San
8 Bernardino hereby finds and declares that:
9
(a) There has been an overproliferation of the following commercial uses in the City
10 of San Bernardino:
11
(1)
(2)
(3)
(4)
(5)
(6)
12
13
14
15
16
17
18
(7)
(8)
(9)
19
20
Smoke Shops;
Single-Price Overstock/Discount Stores;
Tattoo Parlors and/or Body Piercing Studios;
Second Hand Stores/Thrift Stores;
Check-Cashing Facilities;
Convenience Stores within a one mile radius of another convenience
stores;
Pawn Shops;
Automotive Stereo Shops;
Tire Stores.
(b) The above-referenced commercial uses have caused or contributed to one or more
21 of the following adverse effects to the surrounding areas:
22
(1)
(2)
(3)
(4)
(5)
23
24
25
26
increased crime,
loitering, litter and illegal dumping,
illegal signage,
improperly maintained landscaping,
depreciation of property values.
27 (c) The establishment of any new business or the relocation of any said business set
forth in Subsection (a), above, will result in causing or contributing to the adverse effects listed in
28 Subsection (b), above.
HE/ar[Moratorium.ord.2]
1
KC-1l96
1
(d) The City's Development Services Department has been directed to evaluate and
2 make recommendations to the Legislative Review Committee and the Common Council, and, if
necessary, the Planning Commission, regarding the necessity and form of regulation of any new
3 business or relocation of said business set forth in Subsection (a).
4 (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
5 and Common Council.
6 (t) 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
7 immediate threat to public health, safety and welfare.
8 (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
9 is found to be a project under CEQA, it is subject to the CEQA exemption contained in Section
15061 (b) ofthe CEQA Guidelines, because it can be seen with certainty that there is no possibility that
10 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.
11
SECTION 2. Notwithstanding any conflicting provision(s) in the San Bernardino
12 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
13 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
14 Bernardino within the following categories of commercial uses:
15
(I)
16
17
(2)
18
19
20
21
(3)
22
23
24
25
26
(4)
27
28
HElar(Moratorium.ord.2]
Smoke Shops - Establishments that either exclusively or as a substantial
portion (+50%) of their floor area, sell cigarettes, cigars, pipes, bongs,
tobacco, and related paraphernalia.
Single-price overstock/discount store - Establishments that sell a broad
range of outlet, close-out, discontinued, liquidation, or overstock and
general merchandise primarily at a single discount price and/or in the low
and very low price ranges including, but not limited to, food stuffs,
alcoholic beverages, apparel and accessories, costume jewelry, notions and
small wares, housewares, fountain refreshments, and toys.
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. This category shall not include licensed physicians, nurses,
electrologists, and cosmetologists and shall also not include jewelry stores
that offer ear piercing.
Second Hand Stores/Thrift 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
2
MC-1l96
1
2
3
4
5
6
7
8
9 (5)
10
11
12
13
14
15
16
17 (6)
18
19
20 (7)
21
22
23
24 (8)
25
26 (9)
27
28
HE/ar[Moratorium.ord.2]
equipment, including re-sale shops, consignment shops, and similar
businesses. This category shall not include the following:
(i) Stores owned or operated by existing entities recognized as non-
profit by the Secretary of State of the State of California, and in
"good status" with the same.
(ii) Antique Stores. An antique, for the purposes of this ordinance,
shall be a work of art, piece of furniture, decorative object, or the
like, of or belonging to the past, and at least 50 years old. This
includes any premise used for the sale or trade of articles of which
90% or more are over 50 years old or have collectible value.
(iii) Existing, legally established indoor concession malls and outdoor
swap meets, unless otherwise prohibited.
Check-Cashing, Cash Advance, and Loan 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.
a) This category shall include any business licensed by the California
Commissioner of Corporations to make deferred deposit
transactions pursuant to California Financial Code Section 23000
et seq., sometimes referred to as "payday advance," "cash advance,"
or "payday loan" services.
b) This category shall not include any ancillary check-cashing facility
that is located entirely within a major retailer over 15,000 square
feet in size.
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. This category shall not include any convenience store located
on the same parcel with a service station (gasoline station);
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. This category shall not
include any legally established pawnshop in an unreinforced masonry
building to be relocated to another building within 50 feet of the current
location.
Automotive Stereo Shops - Establishments that either exclusively or as a
substantial portion (+50%) of their floor area, sell and install automotive
stereos and accessories.
Tire Stores - Establishments less than 5,000 square feet in size which sell
new and/or used automobile tires and accessories. This category shall not
include legally established service stations and auto repair facilities.
3
KC-1196
1 SECTION 3. This Urgency Ordinance shall automatically expire on October 4, 2006.
unless extended by the Mayor and Common Council.
2
SECTION 4. This Urgency Ordinance is based upon the findings set forth in Section I.
3 above, and the accompanying Staff Report and its attachments to this ordinance. and is adopted
pursuant to the authority granted to the City of San Bernardino in Article 11. Section 7 of the
4 California Constitution. and pursuant to Article III. Section 31 of the Charter of the City of San
Bernardino. This Urgency Ordinance shall take effect immediately upon adoption.
5
SECTION 5. The provisions of this Ordinance are declared to be separate and severable.
6 The invalidity of any clause, sentence. paragraph. subdivision, section, or portion of this Ordinance.
or the invalidity of the application thereof to any person or circumstance shall not affect the validity
7 of the remainder of this Ordinance, or the validity of its application to other persons or circumstances.
8 SECTION 6. An inventory will be completed of all vacant commercial structures on
business corridors within the City no later than October 1. 2005 and provided to the City Council for
9 the purpose of prioritizing the demolition of vacant, blighted commercial structures.
10 //1
11 //1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
HEJar[Moratorium.ord.2] 4
MC-1196
1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
ORDINANCE NO. MC-1188, ESTABLISHING A MORATORIUM ON CERTAIN NEW
2 BUSINESSES AND THE RELOCATION OF SAID BUSINESSES IN THE CITY,
DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY.
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 joint
Common Council of the City of San Bernardino at aregular meeting thereof, held on the 6thday
5
of
June
, 2005, by the following vote, to wit:
6
7
COUNCIL MEMBERS: AYES
8
ESTRADA X
9
LONGVILLE X
10
MCGINNIS X
11
DERRY X
12
KELLEY X
13
JOHNSON X
14
MC CAMMACK X
15
16
17
NAYS
ABSTAIN ABSENT
Q,,~ h c~~A.ic
Rachel Clark, City Clerk
18
19
The foregoing Ordinance is hereby approved this 7thdaY~f June ,2005.
20
cJ
21
22
23
Approved as to form
24 and legal content:
25
JAMES F. PENMAN
26 City AJtorney
27 }- 7 fe~
28
HElar[Moratorium.ord.2] 5