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ORIGiNAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
James G. Funk, Director
Development Services
Subject: Ordinances amending Ordinance No. MC-
1188, establishing a moratorium on certain new
businesses and the relocation of said businesses in the
City.
Date:
May 25, 2005
MCC Date: June 6, 2005
Synopsis of Previous Council Action:
October4, 2004. The Mayor and Common Council adopted Ordinance No. MC-1188, an Urgency
Ordinance establishing a moratorium on certain specified businesses.
May 24,2005. The Legislative Review Committee recommended that MC-1188 be extended.
Recommended Motion:
That the Urgency Ordinance be adopted and said Ordinance be laid over for final adoption.
J1wV{}. ~SJ
. ames G. Funk
Contact penon: Valerie C. Ross
Supporting data attached: StaffReoort and Ordinance
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:_
Council Notes: ~t,
Phone: 384-5057
Ward(s): City-wide
Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Ordinances amending Ordinance No. MC-1188, establishing a moratorium
on certain new businesses and the relocation of said businesses in the City.
BACKGROUND
During 2004, the Legislative Review Committee discussed the concerns with certain types of
businesses and the detrimental impacts they were causing in the City. In 2004, Councilwoman
McCammack brought forward to the Council, a request to enact a moratorium on the
establishment of certain businesses in the City. The Mayor and Common Council adopted an
Urgency Ordinance (MC-1188) on October 4, 2004, which prohibited the establishment of new
businesses or the relocation of existing businesses, as outlined in the ordinance. As addressed in
the Findings contained within the Urgency Ordinance, there was an overproliferation of these
businesses and they contributed to adverse effects on the surrounding areas.
The Urgency Ordinance was in effect for a period of nine months, with an expiration date of July
4, 2005. Development Services was directed to prepare recommendations as to whether new
regulations should be established for these enumerated businesses. During the past seven months
there have been numerous meetings with staff from Development Services, the City Clerk's
Office, the Police Department, Infonnation Services, and the City Attorney's Office. On May 24,
2005, staff requested that the Legislative Review Committee recommend that the Mayor and
Common Council extend the moratorium through October 2006. Staff also requested that the
Urgency Ordinance be amended to clarify the intent. Councilmembers Derry, Johnson, and
Kelley recommended that the Mayor and Common Council amend and extend Ordinance No.
MC-1188. Please refer to the memorandum from Henry Empeiio, Senior Deputy City Attorney to
the Legislative Review Committee (Exhibit 1).
FINANCIAL IMPACT
N/A
RECOMMENDATION
Staff recommends that the Urgency Ordinance be adopted and said Ordinance be laid over for final
adoption.
EXHIBITS:
1 Memorandum from Henry Empeiio, Senior Deputy City Attorney to the
Legislative Review Committee dated May 23, 2005
2 Urgency Ordinance
3 Ordinance
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EXHIBIT 1
INTER OFFICE MEMORANDUM
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
TO:
Legislative Review Committee
Counci1man Neil Deny - Chainnan
Councilman Chas Ketley
Counci1man Rikke Van Johnson
FROM:
Henry Empefio Jr., Senior Deputy City Attorney
DATE:
May 23, 2005
RE:
Proposed OnllDance AmelHlinl and ExtelHlinl OnIiDance No. Me-ll88
Ordinance No. MC-1188, an Urgency Ordinallce of the City of San Bernardino establishing
a moratorium on certain new b~inesses and the relocation of said businesses in the City, declaring
the urgency thereof, and taking effect immc:diately, was adopted by the Mayor and Council 00
October 4, 2004 at the request of Councilmember'Wendy McCammack, a copy of the Request for
Council Action, Staff Report and Ordinance are attached as Exhibit A.
MC-1188 prohibits issuing or granting a Conditional Use Pennit, Development Pennit,
Building Pennit, Certificate of Occupancy, Zoning Verification Review, or Business Registration
Certificate for the establishment of a new business, or the relocation of an existing business, in the
City within the following categories of commercial uses:
1. Smoke Shops'
2. ''99 Cent Stores"
3. Tattoo Parlors and/or Body Piercing Studios
4. Second Hand StoresfIbrift Stores
5. Check-Cashing Facilities
6. Convenience Stores
7. Pawn Shops
8. Automotive Stereo Shops
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Memo to: Legislative Review Committee
May 23, 2005
Page No. 2
1bese categories of commercial uses were selected by the Mayor and Council because they
have caused or contributed to one or more of the following adverse effects to the surrounding areas:
increased crime; loitering, litter and illegal dumping; illegal signage; impfoperly maintained
landscaping; and depreciation of property values. The City's Development Services Department
was directed to evaluate and make recommendations to the LRC and to the Council, and if
necessary, to the Planning Commission, regarding the necessity and fonn of new regulations
affecting the~ categories of business. MC-1188 automatically expires on July 4, 2005, nine months
after its adoption, unless extended by the Mayor and Council.
Since MC-llSS was adopted on October 4, 2004, this ordinance bas been discussed at other
LRC meetings and at numerous meetings with staff from the City Administrator's Office, City
Clerk's Office, Development Services Deparunent, Police Department, Information Services
Department and the City Attorney's Office. Staff recommends that the Council consider the
following amendments to MC-l1SS, including an extension of the temporary moratoriwn ordinance
to October 4, 2006:
1. ''99 Cent Stores"
This category should be renamed and redefmed as follows:
Sin~le-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.
2. Tattoo Parlors and/or Body Piercinll Studios
Add an exemption for licensed physicians, nurses, electrologists and cosmetologists
and an exemption for jewelry stores that offer ear piercing.
3. Second Hand StoresfIbrift Stores
a) Add an exemption for Antique Stores. An antique, tor the purposes Of this
ordinance, shall be a work of art, piece offumiture, decorative object, or the
like, of or belonging to the past, 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.
b) Add.ao exemption for existing, legally established indoor concession malls
and outdoor swap meets, unless otherwise prohibited. Staff feels that the
adverse effects to the surrounding neighborhood are not present at these
existing businesses.
HElcj(UC.MemJ
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Memo to: Legislative Review Committee
May 23, 2005
Page No. 3
4. Check-Callhinll Facilities
Rename Check-Cashin~, Callh Advance. and Loan Facilities
a) Add within this category 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) Add an exemption for any ancillary cbeck-caShif1g facility that is located
entirely within a major retailer over 15,000 square feet in size.
5. Convenience Store (iflocated within a one mile radius of another convenience store)
Add an exemption for any convenience store located on the same part::el with a
service station (gasoline station).
6. Automotive Stereo Shops
Revise this category to include any establishment that either exclusively or as a
substantial portion (+50%) of its floor area, sells and installs automotive stereos and
accessories.
7. Add Tire Stores
Prohibit stores less than 5,000 square feet in size which sell new and/or used
automobile tires and accessories. -
8. Smoke Shops
Revise this category to include any establishmeQt that either exclusively or as a
substantial portion (+50%) of its floor area, sells cigarettes, cigars, pipes, bongs,
tobacco, and related paraphernalia
9. Pawn Shops
Add an exemption-allowing legally established pawnshops in unreinforcedmasonry
buildings to be relocated to another building within 50 feet of the current location.
10. Extension to October 4. 2006
Staff requests that MC-1188 be amended to extend its effective time period to
October 4,2006, for a total of two years. Based upon Business Registration Records
and some limited windshield surveys. the City Clerk's Office identified 303
businesses in the City in January 2005 which then held business licenses within the
categories of businesses included in MC-1188, see attached Exhibit B. In February
and March 2005. teams of San Bernardino Police Department Officers. Code
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Memo to: Legislative Review Committee
May 23, 2005
Page No.4
Enforcement Officers, and City Attorney Investigators conducted field surveys and
identified 244 businesses in the City within the categories of businesses included in
MC-1188, see attached Exhibit C.
Staff feels this time extension of MC-1188 is needed to provide additional time to
completely identify these businesses, to fwther study their impacts, and to fonnulate new ordinances
in the Municipal Code and/or Development Code, if needed, to regulate the establishment of new
businesses or the relocation of these businesses within the City of San Bernardino.
~~
Henry Empefto Jr.,
Senior Deputy City Attorney
cc: James F. Penman. City Attorney
Douglas H. Calkins, SeniQr Assistant City Attorney
Lori Sassoon, Assistant to the Administrator
Michael Billdt, Assistant Chief of Police
Cindy Buechtcr, Business Registration Supervisor, City Clerk's Office
fialerie Ross, City PlannerlDeputy Director Development Services
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ORDINANCENO.~ \py
3 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
ORDINANCE NO. MC-1188, ESTABLISHING A MORATORIUM ON CERTAIN NEW
4 BUSINESSES AND mE 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 fmds 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.
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(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 (f) 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) pursuantto 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) of the 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
(1)
16
17
(2)
18
19
20
21
(3)
22
23
24
25
26
(4)
27
28
HElar[MoralOrium.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 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
2
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2
3
4
5
6
7
8
9 (5)
10
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12
13
14
15
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17 (6)
18
19
20 (7)
21
22
23
24 (8)
25
26 (9)
27
28
HElar[Moratorium.ord.2]
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equipment, including re-sale shops, consignment shops, and simil.ar
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.
Existing, legally established indoor concession malls and outdoor
swap meets, unless otherwise prohibited.
(iii)
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
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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 1,
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 S. 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 III
11 III
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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HElar[Moratorium.ord.2] 4
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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
Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
5
of
, 2005, by the following vote, to wit:
6
7
COUNCIL MEMBERS: AYES
8
ESTRADA
9
LONGVILLE
10
MCGINNIS
11
DERRY
12
KELLEY
13
JOHNSON
14
MC CAMMACK
15
16
17
18
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
19
The foregoing Ordinance is hereby approved this _ day of
,2005.
20
21
22
JUDITH VALLES,
Mayor City of San Bernardino
23
Approved as to form
24 and legal content:
25
JAMES F. PENMAN
26 City A.ttorney
27 }- 7"f~
28
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AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: 6 - t - ().::S:'
Resolution/Ordinance No. Me - //9 ,
Effective Date: 6-(;; -O.:S
Vote: Ayes: 1-7
Abstain: ~
Date Sent to Mayor: 0 - 7 - "S
Date of Mayor's Signature: 6/7/ ()S-
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Date Summary Sent to Attorney: ft7 - 7- (}S
Dale P""IOOod, ~ -0.:{' __
Meeting Type: 'f1~~
Con,I,"'" FromIT :~-,_ No.
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Item No. .3 :::3
Ordinance urgenCY~1
Termination/Sunset ate:
o
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No
I d /jt0b
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Nays:
Absent:
Date Returned from Mayor:
Date of Clerk's Signature:
Date Summary Returned from Attorney:
Date Seal Impressed:
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report A
Notes:
~
Date Sent for Signature:
Expiration Date:
Copies Distributed To'
No
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DOCUMENT lOCATlON:
FORIl5I^#<wIa _ TlIddnIfoIIa.CC folia..... 1I\.!M ~ lW411M6
Date:
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