Loading...
HomeMy WebLinkAbout38-Planning ClT$lOF SAN .BRNARDINc9 - RBQ,B~T FOR COUNCIL ~CTION . Appeal of Planning Commission's Interpre- Subject: tation of "Swap Meet" Business at 580 Inland Center Drive ~m: Larry E. Reed, Director Dept: Planning and Building Services Date: September 6, 1990 Mayor and Common Council Meeting September 17, 1990, 2:00 p.m. Synopsis of Previous Council action: On August 21, 1990, the Planning Commission by a 3 to 2 vote made an interpretation that Union Discounts Limited was a use that required a Conditional Use Permit as a "swap meet". No previous Council action. - ;1"" :"j.: . : ..,-J Recommended motion: o That the hearing be closed; and, that the Mayor and Council deny the appeal and require that the proposed use at 580 Inland Center Drive obtain a Conditional Use Permit. (Supports Staff Recommendation and Planning Commission's Action.) OR That the hearing require that the building permit. be closed; and, that the Mayor and Council uphold the appeal and proposed use at 580 Inland Center Drive be allowed to proceed with a <'""'''' Ap,.l1",'. ",""t.) ~ r /e../ , V Signature Larry E. Reed Contact person: Larry E. Reed Supporting data attached: Staff Report Phone: 384-5357 Ward: 3 ~ FUNDING REQUIREMENTS: Amount: Source: IAcct. No.l (Acct. DescriDtionl Finance : oneil Notes: 75-0262 Agenda Item NO~ CITyC'dF SAN BBRNARDINcR. RBc2BST FOR COUNCIL iTION o STAFF REPORT Subject: Appeal of Planning Commission's Interpretation of "Swap meet" Business at 580 Inland Center Drive REOUEST The appellant, John Lightburn, is appealing the Planning Commission's determination that a proposed project named Union Discounts Limited is a "swap meet" and, therefore, is subject to the requirement of obtaining a Conditional Use Permit. The appellant requests that the Mayor and Council reconsider this determination and reverse the determination made by the Planning Commission (See Appeal Letter - Exhibit A) BACKGROUND o Union Discounts Limited is a proposal to establish an indoor retail store of individual vendors who lease open areas for the sale of new merchandise at 580 Inland Center Drive. A building permit was applied for and issued on June 28, 1990, for tenant improvements. The permit application made no reference or indication that the intended use was for tenant improvements for an "indoor swap meet". During inspections the proposed use was identified, and the issue of whether or not the proposed use was an "indoor swap meet" and, thus, required a Conditional Use Permit (CUP) arose. Section 19.83.500 of Ordinance No. MC-660 requires that a CUP be obtained for "swap meets" and assigns that use a classifi- cation number of "19.100", as used in the Table of Permis- sible Uses. This table indicates that "open air markets" are allowed in the CG-4, CH, IL, IE and PCR land use designations with a CUP. The present municipal code or urgency ordinances do not define swap meets or open air markets. On July 16, 1990, the appellant, John Lightburn, requested the Planning Department to provide a written definition of a swap meet (Exhibit B). A response was sent to Mr. Lightburn on July 23, 1990 (Exhibit C). In that letter it provided the following definition for a swap meet: "Swap meet (Indoor/Outdoor) is the retail sale or exchange of new, handcrafted, and/or secondhand mer- chandise in open, compartmentalized spaces by individual licensed vendors." This definition was included in the final hearing draft of the Development Code. c 75-0264 o o c o o o o Appeal of Planning Commission's Interpretation of "Swap Meet" Business at 580 Inland Center Drive September 17, 1990 Page 2 On July 30, 1990, Mr. Lightburn filed an appeal of the Planning Department's interpretation that Union Discounts Limited is classified as an indoor swap meet ( Exhibit D). On August 21, 1990, the Planning Commission by a 3 to 2 vote determined that Union Discounts Limited was a use that required a Conditional Use Permit. The Commission expressed concern about the adequacy of the definition, but decided that the land use impacts associated with many multiple vendors warranted the requirement to obtain a Conditional Use Permit. Mr. Lightburn provided a rebuttal package that is attached for review ( Exhibit E). On August 22, 1990, Mr. Lightburn, appealed the Planning Commission's determination to the Mayor and Common Council. On August 30, 1990, Mr. Lightburn provided the Commission a draft of a definition of "swap meet" for their consideration of inclusion in the Development Code (Exhibit F). The Commission was concerned that "new merchandise" was not included in the definition and deferred formal action on a definition until the October 5, 1990 Planning Commission meeting. ANALYSIS A "swap meet" or type land use. follows: "open air market" is not a typical retail The characteristics of such a use are as * Multiple vendors involved. * The display of merchandise is limited to relatively small, assigned areas, which are usually not contained inside walled areas. * A fee may be charged to prospective buyers for admission and/or parking. * A fee may be charged for the privilege of offering or displaying merchandise. * Many terms are associated with this type of use: such as: flea markets, auction, farmer's market, swap meet, open-air market and bazaar. The land use impacts above and beyond a normal retail opera- tion include: increased parking needs due to very low priced merchandise creating a large customer base and large number of vendors and their employees: public health and safety concerns over use of electricity and adequate corridor width for exiting in case of an emergency or fire, adequate rest room facilities: traffic control for special events: and, security protection of both the vendoJ's and the public. o o c o o o o Appeal of Planninq Commission's Interpretation of "Swap Meet" Business at 580 Inland Center Drive September 17, 1990 paqe 3 On November 7, 1989, an indoor meet at 1675 North Mt. Vernon Avenue was approved by the Planninq Commission under Condi- tional Use Permit No. 89-45. The attached floor plan for the Mount Vernon indoor swap meet appears to be very similar to the proposed facility (Exhibit G). The problem of differentiatinq between a normal retail mall and an indoor open-air market is a difficult one. The Planninq Commission was concerned about requirinq a CUP for a retail use such as a FEDCO, which also has multiple vendors, but is considered to be a discount department store. The main difference is that the density and the number of vendors in a qiven area is much hiqher than a department store (See photoqraphs of an existinq Union Discounts Limited facility in Los Anqeles - Exhibit H). OPTIONS AVAILABLE TO THE MAYOR AND COUNCIL The Mayor and Council may deny the appeal and require that the proposed use obtain a CUP or uphold the appeal and allow the project to proceed with a buildinq permit. RECOMMENDATION It is recommended that the Mayor and Council deny appeal and require that the proposed use obtain a CUP. This recommend- ation is viewed as beinq consistent with past practice and with the requirement for a CUP for the project at 1675 North Mount Vernon Avenue. Prepared by: John E. Montqomery, AICP Principal Planner Larry E. Reed, Director Planninq and Buildinq Services LER/JEM:clp o o o o o o o Appeal of Planning commission's Interpretation of "swap Meet" Business at 580 Inland Center Drive september 17, 1990 Page 4 EXHIBITS: A - Letter of Appeal to the Mayor and Council (8- 22-90) B - Letter of Interpretation Request to Planning and Building Services Department (7-16-90) C - Interpretation Response Letter (7-23-90) D - Letter of Appeal to the Planning commission of Department's Interpretation (7-30-90) E - John Lightburn's Rebuttal to Planning Commis- sion (8-21-90) F - John Lightburn's Proposed Definition of Swap Meet (8-30-90) G - Floor Plan for existing indoor swap meet at 1675 North Mt. Vernon H - Photographs of existing Union Discounts Limited in Los Angeles M&CCAGENDA: SWAPMEETINTERP - 9 o EXHUO"A" o o Mllyor llnd Common Council City of 511n Bemllrdino 300 North D Street 511n Bemllrdino, CA. 92401 August 22, 1990 Reference: Union Discounts Limited, Discout Depllrtment Store 560 Inlllnd Center Driye, 511n Bemllrdino Subject: Appelll of Plllnning Commssions determinlltion of the definition of "SWllp Meet" IInd the requirement for II conditionlll use permit. Mllyor llnd Common Council, o On August 21, 1990 the Plllnning Commission, on II 3 to 2 vote, determined thllt the proposed generlll mechllndise retllil project by Union Discounts Limited, for which II building permit WIIS issue~ on June 28, 1990, fell within the Plllnning Depllrtments unllpproyed definition of "indoor SWllP meet" lind, therefore, is subject to conditionlll use IIpproYlI1 by the City. By WilY of this letter we lire IIppelll1ng the Plllnning Commission decision to the Mllyor IInd Common Council. Due to the filet thllt II building permit hilS been issued IInd Union Discounts :: ..1S under time IInd escrow constrllints, we lire requesting thllt the IIppelll be ":;"';,,;xs~heduted for heering lit the next City Council meeting to be held on :~~~~2~,:~e.g~~ti~l~~,19~9~;.:.;~~';~-:h:t~>::~f:Y~. '~,:"::-'~ ....""..,: .': -' _ ,', ,n .____ ____..__~fittL.~~...~""-;,I;...-~-...,.,~~~_k.__.""..""~~.;.."'~~~r~~~.....-'fo.'..._-""-~,'_-......-.,.".,_ ::';r:.-l~):~t;~~i~~~"'/'~f.fr:-':~~-j:':'~"':;~)~i~~~_;,~.,.,,~ -,~::, ':-'-":,~,:,tk.":!;;'-;e::-,-<'~':.:"'::'_:<,;(;:~"-:-;- -'>.:+_---~-; _,',:.':,,:,'-,' '~i:~~~r)~leDse IIdvlse 8CCOnlingly: '" .i- . ... .>~;:... . ...,:.,;;.;'.':.-1';:W.,~~._..:~~i're'~t"y'"..''' , i . ...".......oo..D. ;Ii:.liil. re." W11i: lID '}'--:,~.;',~- . ,.o';ii,' ,',' .16 l!JlS1J - \!J is ,,,. -' -,-',. -":I'_....."',.."t:-..~. "'C,? '- .' <;c'i~1~i2f . . AU6 221990 >"i,:",:,Jo ightbum . ',~.JCL~:~_;~ 'Ir f~~r~~f:~~40;::.'~r.::':>:'.'::~, ,",~-~\~~.-~ ':~~';::rr~~~~g~ , .' -', _,,,,. .. .,. BUILDING SEIlVICES ,\:t'~t." 71 1..2656 d~,,:~' ~:'Joele~,~:i'onDlscounts'Umlted' .. ..;~~{'tff4-2;'\'''>' ':(""~"""'''';~;/'':;''Jlt l~t ~ii'i~?~;~.~i~:',:>" _,,~ . ~:.~~~;-. ~,::' _ ~'-~_'!'f'-~_" "'~T'~~~~" ...,~-::~'~~~~-r~~.: - .-~r~'::-~._i~:~~,:~[,~~:,~~:3~L'~..}i~,',_'. ,r.~',:~~~'~_ :~_:~~.. .. ,t.-..:. " ;'i,.._,,*~~ _.... - " o . John Montgc.H,ery Principol Plonner City of Son Bemordino 300 North 0 Street Son Bemordino, CA. 92401 _~ EXHIBOUB11 o o .' o July 16,1990 Subject: Requirement for Conditionol Use Permit for Union Discounts Limited, 560 Inlond Center Drive Deor Mr. Montgomery, Pleose be odvised thot I hove been retoined to represent Mr. Joe ~e, Union Discounts Limited, regording their proposed retoil store to be 10cotM ot 560 Inlond Center Drive." After severol discussions with Ms. Ann Lorsen, it is my understonding thot the City is now requiring Mr. Lee to first obtoin 0 conditonoJ use permit in order to estoblish 0 retoil business ot the locotion described obolle becouse the City considers Mr. Lee's project to be on "indoor swop meet", It should be noted thot Mr. Lee hos olreody been gronted 0 business license ond 0 building permit from the City. o In order to better understond the necessity of opplying for 0 conditionol use permit, we ore requesting thot the plonning deportment provide us in writing the rotionole for requiring 0 conditionol use permit, the prollision (s) of the municipol code enobling'the City to, impose 0 conditionol use permit, ond ony other requirements of the Generol PIon, or the urgnecy ordinonce, hOlling 0 bearing on this issue. As well, pleose provide us With ony existing, formol definition by the City os to whot constitutes 0 'swop meet., indoor or otherwise., - -... ----.-- - -. . : ,'", His Mr.' lee's desire toco;"oper~teJully ,witt! the City in Order to meet 011,' '?~'-,J'>;;:YoljdJonQusei:~gUl!1meilis:ond conditions of'deyelopment. ,,-, '." -"~F:-.y~~'-"~-~~:--'-'~"~~:~i;;';:::~..;..' - . : c':: ...... '~ '-.:' -. ~ . . ~ " 'Tho~k youforo timely resp~nseto our request.:: " ' '" . . . . .~ .:-:>-,- . , 'C . .;J'h.-.,.....c':. , l1ghtbum- .~_",,- , os Office Box 1622' , , "'" So Bemordino, Co. 92402 " 714-381-2656 ,,- .~ .-,"';' ~ -r.-"', .. . -,->"...~,_.;:.:~::- ~- ,."~ . ~.r., ;~. , , ' CC: Mr. Joe lee, _, " .. , , fAX2l3-.3B7"'9279 " ;.""e'.' ;-,;.'- . ~---- --P- .-- , . ~ '-~ - ".-- -'''' . ,-" ' l-'I ~_....' I'" ~ '. r~':-, --~~/:YJ; 'i~ O. -<~=-=,' ;,~ . . . ,~~...., /..;. . .". - . I .' ..-~ --~,.. .~2.y o c t') E(5BIT "C'O ~ .~ -..., CITY OF San Bernardino D.~ART...T D' 'LA..,.. A.D .UILDI.. ..RYle.. LARRY E_ REED DIRECTOR July 23, 1990 John Lightburn P.o. Box 1622 San Bernardino, CA 92402 RE: Union Discounts Limited - Conditional Use Permit (CUP) Requirement Dear Mr. Lightburn: This letter is in response to your request for information regarding the CUP requirements for Union Discounts Limited. AB you know the City of San Bernardino is operating under a recently adopted General Plan and implementing urgency ordinances (MC-660 - June 2, 1989, MC-664 - July 6, 1989, and MC-730 - May 21, 1990). Section 19.83.500 of Ordinance No. MC-660 requires that a Conditional Use Permit be obtained for "swap meets. and assigns that use a classification number of "19.100", as used in the Table of Parmissable Uses. Attachme- nt "B-1" of Ordinance No. MC-664 is the Table of permissable Uses that the City of San Bernardino enforces at the present time. This table indicates that "open air markets" is a 19.100 classified use. Therefore, "swap meets", a 19.100 use, are allowed in the 00-4, CH, IL, IE and PCR land use designations with a Conditional Use Permit. The present municipal code or urgency ordinances do not define an "indoor swap meet.. However, the Department provides the .following definition for classification: . - , '!:.tW:- "Swap _et (Indoor/OUtdoor) is the retail sale or exchange . of new, handcrafted, and/or secondhand merchandise . in open compartmentalized spaces by individual licensed vendors.. This definition is provided in the final hearing draft of the Development Code. If there are any further questions please give me a call at (714) 384-5057. Sincer~~ -' .,- sr;-Mo::~AICP ~~~c~pal Planner ',' 3DO NORTH CAL.FORN".-" , CUPUNIONDIS. ' '0' STRIIT. SAN .IRNAROINO. . 2'" . 0 0 0 1 (T'.'......"".., o o c ~ o OIBIT "0 John Montgomery Principlll PIllnner City of Slln Bemllrdino 300 North D Street Slln Bemllrdino, CA. 92418-0001 jo July 30, 1990 Subject: Appelll of Stllff Interpretlltion of "SWllp meet", requirement for CUP Reference: City PIllnning Depllrtment Letter, 7-23-90; Lightburn Letter, 7-16-90 Dellr Mr. Montgomery, By WilY of this letter, we lire llppellling to the PIllnning Commission stllf1's interpretlltion thllt the proposed generlll retllil merchllndise discount store, 580 Inlllnd Center Drive, is II "SWllp meet" lind, therefore, is required to hllve II Conditionlll Use Permit. To this end, we do not believe the Union Discount Limited retllil operlltion constitutes II "SWllp meet", indoor or outdoor, llnd should not be subject to conditionlll use llpprovlll. It should be noted thllt Union Discount Limited hilS been issued II building permit llnd is entitled to mllke improvements to their project without going through the condltionll1 use process. However, beclluse the 11mbiguities involving the definition of "indoor-swllp meet" llnd the llppliclltion of such to this project, we feel it prudent to request this interpretlltion by the P111nning Commission. -~ --....-'" In order to not Incur llny further, llnd unnecessllry de111Y to the project, we lire respectfully requesting thllt this mlltter be hellrd by the P111nning Commission on TuesdllY, August '21 ~1990." ~ ~ Thllnk you for your continued co-operlltion. . ~, .. ~...... o o o . "0 QIBIT .0 Members, Plonning Commission City of Son Bemordino 300 North D Street Son Bemordino, CA. 2940 I August 21, 1990 Subject: Appeal of Steff Interpretation of "swop meet", requirement for CUP Refe'rence: City Planning Department Letter, 7-23-90; Lightbum Letter, 7-16-90; Steff Report, 6-21-90 The following is presented on behelf of Union Discounts Limited end is the written rebuttol to the Plonning Deportment's interpretotion thot the . retail business, proposed by Union Discounts Limited, to be located at 560 Inlend Center Drive, constitutes en "Indoor Swop Meet" end therefore subject to e conditionel use permit. To be correct, the intended use by Union Discounts Limited is for the reteil sele of new merchendise, not secondhend goods or used personel property. As indiceted on the City epproyed floor plen (Exhibit -1), theseles erees ore designed and configured in the some manner as other general merchGndlse retail stores found In the City of San Bemardino and elsewhere. It is true that Union Discounts will lease out these departments to qualified retGll yendors.lt should be noted thGt other retail stores hGye many of their clepGrtments leGsed-out to other vendors. Fedco and K-Mort ore but two other examples of discount stores that hove leased departments. Unlike SWGp meet vendors, all Union Discount vendors will be required to obtGln 13 yolld City business license. Furthermore, the proposed use by Union Discounts is no different then their store to be locGted in Fresno, CGlIfomiG (Exhibit -2). According to a letter doted August 6,1990, from the Fresno Deyelopment DepGrtment, the Union Discounts' proposal -. . , Is an appropriate use of the property. . . This assumes that the merchandise to be sold in the building will be new. Secondhand sGles in the district Gre only permitted with an approved con~itional use permit (CUP). . o . o o ..,'l'l..,-,.....'.,..,...: .~>J.."'-..Ji..,:'.- ~,:. ..-:::k.-;. . ~ o o o o 2. V SWllP Meet defined, . .....;~T.;.....:,,-,Requirements::.;A8~apmeet.:'~.. mellns any event which meets lll1 the ..;.,:t.. .,",-4011owingreQuirements: ;~a) ::rheplllce -or 1 OClltl on llt which the event is held hllS been advertised... as II place .or loclltlon to which members of the public, during a speci~ied period of time, may bring identifiable, tangible personlllproperty and exhibit it for sale or exchange; (b) A fee is charged... forseneral admission. . . or a chllrge for the privlege of .. exhibittns idenUflllbleAangible personlll property at such event. ':~'~-:~"'-:~~~::1:!E:~~~-~~i\:~:~:i~~~t~~\~_,~,~t -." ~ - -~ '.~:'-<~ .- ~:':{~'.~" ~:~. ',.." ,-.',' - ,. . 'C " . .~~.; .~>-"~~~~ - -,.:-_~_~~,..~)t'~~ Page Two - Swap Meet Definition Definition of SWllD Heet (indoor/outdoor>. The Commission should note that the definiton being relied upon by the City hllS not been llpproved by the City Council. For the Plllnning Depllrtment to impose their llrbitrery definition of II SWllP meet on this project constitutes lln improper deleglltion of legisllltive authority. The definition proposed by the Plllnning Depllrtment is too 11mbiguous, irrlltionlllllnd vllgue to serve as II proper definition. For instance, the term referred to by stllff liS "open compllrtmentlllized splice" is not defined llnd Is II contrlldiction in terms. This brolld, generlllized definition could be llpplled to many other retllll businesses thllt would not be considered SWllP meets. EXllmple: "The retllil sllle . . . of new. . . merchllndise in open compartmentlllized splice by individulll. vendors: Therefore, to impose this condition on Union Discounts llnd not on other simllllr businesses would constitute II denilll of property rights and due process. In defin.ing whllt constitutes a swap meet, a more retionalapproach would be to identify the key factors and/or terms commonly incorporeted In II definition of swap meet, indoor or outdoor. To this end, we researched other state and locallllws defining "SWllp meet" llnd found these examples: (Exhibit -3) -'~,----- - 1. definition of .' ~wap_meet:.. ',;:me.l!.ns ~.ny ev_~nt'!.~er9....secondhllnd goods are offered or ..~displllyelflor sale.or:..exchang8..andit) a "eiS.charged for the privilege of Offering or displaying'secondhllnd goods for sale or exchange; or 2) II fee is charged to prospective buy~rs for lldmission to the area where secondhand , !loods a~.Cl.rf~red,l)~d~8plllyed for sale of exchange: ," ' < ~ .~.t~<7";:~: " .- .... " .~ (),... o o c - o o o o Pllge Three - SWllP Meel Definition 3. Business llnd Professions Code. Stllte of Clllifomill. Section 21661. Definitions: As used in this llrticle (II) "SWllp Meet" mellns llny event: (1) . At which two or more persons offer personlll property for selle or exchllnge; llnd (2) At which II fee is chllrged for the privilege of offering or displllying personlll property for sllle or exchllnge; or (3) At which II fee is chllrged to prospective buyers for lldmission to the llreel where personlll property is offered or displllyed for sllle or exchllnge. We contend thllt the following factors should be considered in the definition of II "SWllp meet": A. An lldvertised public event held periodicellly; B. Where p!lrsonlll property or secondhllnd goods is offered for sllle or exchllnge; C. Where fee Is chllrged for privilege of selling or exchllnging personlll property or secondhllnd goods; D. Where lln lldmission fee is chllrged to prospective buyers of personlll property or secondhand goods. The Union Discounts' proposed retail business is not II public event oriented business. It is II typical retllil business open to the generlll public during regularly scheduled hours llnd dllYS of the week. No admission fee is charged to the prospective buyers. Vendors sign lllongterm lease llnd are cherged according to the squllre footage occupied. Vendors must operllte during tht! reguier busin~ss hours end e~ subject to the controlllnd management ofUnionD1scDunts.AU vendors, including Union Discounts, are required have a vlllid City business license. Unlike swap meets, ell dlspley end sales arees ere permenent fixtures end remeln in place. Only new merchandise wl1l be sold. There wl1l be no sel1lng or exchanging ofsecondhend goods or personal property. ,{Exhibit .4)....,., .. "-..' '.- .' _,'" '.... v'-, ,Conclusion With all due respect to the Planning Department, we do not believe the City can require e condltonal use permit for the proposed retall use es proposed by Union Discounts. Regardless of whether or not the City .. "".-~" -'~-'. -~-,.. o o . '->'.,"~ o 'f"""" ~w - o o o o Poge Four - Swop Meet Definition imposed the CUP requirement on onotner business, the fllCt still r~mllins thllt the City does not hove II vlllid ond opproved defimtion of whot constitutes 0 swop meet. The proposed development code will contoin such II definition. but only ofter 0 pUblic neoring review process ond City Council opprovo1. It should not be llssumed lhllt the proposeo definiton by stoff wi11ln fllCt be the finol definition. It is unfoir ond unworrllnted to subject this project to gross speculotion ot this time. Union Discounts Limited hos 0 volid building permit ond opproved set of pIons, meets 011 the requirements of the municipol code ond conforms to the provisions of the Generol PIon os 0 generol mercnendise retoil store. Therefore, they should be ollowed to proceed with their building permit, receive 0 Certificllte of Occupllncy llnd suffer no further deloy ot the hllnds of the City. Discounts Limited Exhibit #1 - Floor PIon Exhibit #2 - Ltrs. re: Fresno Development Deportment Exhibit #3 - Definitions: City of Los Angeles, City of Riverside, Business ond Professions Code Exhibit "4- Pictures: Oronge Show Swop Meet 4119/90 '",," c-".~, '~c".' .,,,.,- ~.;.ft'- ~. 0..:....... ~ ." ,.;,It.~. ~__ .s~- '.-- . "".:~ -_. . ~ ~ ".. ..,.." _.""r.." _.":" ",-,..~';....,~. _,"'_"f '.'_~ 1,', .... ..~ ' .1/t:."" .- -'>;I "^,,,- ." . ~':*. - '-.",,,.-. o o o - " . --~m 1f:'D~~". I.. .. . ...arr.;:.;:;r;....~4'" o o o Development pepen'!1e~t AMn p, Solis. AICP Director CUy Hall. 209-498,1591 . FAX 498-4637 2326 Fresno Street, Room 103 Fresno, Cal"ornia 93721-1899 August 6, 1990 Please reDlv to: Hubert E. st. John 209 498-4441 Dae S. Lee Union Discounts, LTD. 1047 Wilshire Blvd., Suite 201 Los Angeles, California 90010 Dear Mr. Lee SUBJECT: RETAIL USE OF PROPERTY LOCATED AT 860 FULTON MALL Your letter dated July 30, 1990, requested confirmation that your proposed use of the former Gottschalk's Department store complie~ with the C-4 zone.distrj.ct. Since Fresno Municipal Code Section 12-220.1 permits retail sales by right in that district, your proposal is an appropriate use Q!- the property and will not constitute a change from the preceding ~retal1 operation. This assumes that the merchandise to be sold in , the building will be new. Secondhand sales in the district are only permitted with an approved conditional use permit (CUP). If the sale of secondhand goods is proposed, the fee to submit a CUP application is $2,240.00 with an additional $650.00 environmental assessment fee. As long as structural changes to the building are restricted to interior work only, a site plan revi_ application will not be necessary. Please be aware, however, that' building, electrical, plumbing or mechanical permits might be required before any interior alterations lire made.~ If you have any questions about the preceding, please contact me in this office. ubert B. Assistant . , ~Jf\Brr~z.. mv SERV81120+ Sincerely,.c ___-'=c.c-:.._ __~~___.~~_~_ ..._ . _ .~-=...~..,..,. " "... '~':._~_~~:C'TC"'C.~_-5'~=_'00"'C";--'- .' o . ... .... . .__.._....... . . - .. " .. - , . '. . , ~.. '-'-" ~"":'-c'-'Y"'..' ~,r'~- ..:..:.~;:t-, . ,',:-.: . . ",",': ~.:;.:: .-,.- .:'-- _. ..... .____ ""-'-. ,'. ,_..;~.-.>. "'-;'_~""- '. -f ,....... >j'I!...."...~.'. ,~ .. ..~.~... "-~.. '. '.. '. .:."".-.", . ~ .. '..1~'J;"~s..~..',;.: ..:~_:-~'.-i.~--'-.,-.~.~- .~;~~{_., ." ;~t,_,.~,., -;;*"-1:i<!j~:VnlOD' Diecounts ,'Ltd;"e/',::"" _-"i'<'-;:--~' 4047 Wllebi%e ,Blvd.. Ste. 201 . ""f':;~ " e, Angelee,,.u 90010 ". ":,,,,,, "41'>"' '" - '''".'~~ -,.7,~._ '. . .-: ~ ., _ .:t....~"-...;r;..~~_~.. i>': '.~{'"' ~.~~ ~'~ ,,!""'mtA4""''"'i'''ift~.lt;i.~.'\~~ 'it'-<; 'o:..tr;",.,~_ '" -, ,-/".- - , ,;. :' :_^'-~.t arf r./-:.~~~,~:,:-~;",-;,,~~~~ ":~"\-. ...- ' ~. "':r"',,)i~';,.~'X:~,:(\:;" -, ~~~""If,.'<-" ~...~ '. . ~", '-'''''t :.;~~jMj=~:==~~~~'~-!_'75~';1W-:~'~.~C::t;~~,:.';~, ZZ,'~ - -', "i<~''''';:;:': .0-",2550 W. Shaw AvenwI . . . ':O~;:::.-),~~,;.,:~",~"~C:>>I"~;.9371i.,, '. ". :'~~{~:~~\i',:;;'~~':,;~~~:,'~(;< ,) ~'.... . .,,' .....~~~,~~1~~c~q~~~!~~:1{?~~~r~if:::.tC~.~-zi-._':;,:~i~_....... c o o July 30, 1990 o o o. Hr. Hubert E. St. John City of Fresno Deputy Director of Zoning 2326 H. Freeno Street, RID. 103 Fresno, CA 93721-1899 REI 860 Fulton Mall Conforming Retail Use Dear Hr. St. John I . ttO ./ ']/ -?, We are purchasing subject property, known as Gottechalk's Department Store, the transaction now in eecrow at Chicago Title Company. written eubject One contingency in this eecrow ie our receiving confiJ:mation from the City of Preeno that our use of property ie approved and in conformity with C-4 Boning. We will use the entire building for retail use, operating a ,!i1s9mnt 4epartment s~. The reetaurant that ie now in the etore wTIl be ,continued with such use by ue. Retailing will be performed in a conceeeionaire concept with J,ndividual retailing areae ranging from approxiJu.tely 200 to 500 equare f_t be~ sectioned anq _rent~_Qtiuudj;Q theee vendore. In other wo , our uee ie and wTIl be continustion ot aepartment store retailing in the same. manner ae perfoEmed by Gottechalk'e, except that the departments will be operated py individual ownershipe. I shall appreciate receiving ~ Letter of Approval of our use of the property at your earlieet convenience. Thank you. ,-," 3t:f~~:~!:C_.____.~ o , , JO t -~ ... !l ;{ :( i '- ~ ...~ ! -, " ~.; '. 4 , ~. -~ .- ) -t .~ :i ;1 , J ~O \ - 51CtU (!'~r.':!P: ~;')E 0 O,A'I..',DiV,U conditions: 1. Definitions. As used in this Subsection: a. "Swap Meet" means any event where secondhand goods are of. fered or displayed for sale or exchange lind III A fee is charged for the privilege of offering or displaying secondhand goods for sale or exchange; or (2) A fee is charged to prospective buyers for admission to the araa where secondhand goods are offered or displayed for sale or exchange. b. "Swap Meet Operator" means any individual. partnership, cor- poration. business association or other person or antity which spon. sors, controls, manages or otherwise conducts a swap meet. c. "Swap Meet Vendor" means any individua1. partnership, cor- poration. businass association or other person or entity which sella, excb.nglls, displays, or offers for sale or exchange, any secondhand goods at a swap maet. 2. Permit Requind. No person or entity shall operste a swap meet without a written per- mit from the Board, except that a permit shall not be required for any event sponsorad by and for the exclusive benefit of any community chest. fund, foundation. association or corporation organized and operated aolely for religious or charitable purposes provided that no portion of any admission fee charged swap meet vendors or prospec. tive purchasere. or the receipts from the sale or exchange of new or secondh.nd goods, inures to the benefit of any shareholder, officer, employee. person or entity Orrni7.il1g. sponeoring or conducting such event. a. No permit shall be issued which will permit the sale or display of firearms, n........blas. and hash pipes or other manipulative in. struments relsti"g to the use or consumption of drugs or their derivates. - b. No permit shall be issued unlese the swap meet operator bas first obtained a businese tax regiatration certifie," c. No permit shall iasue for a swap meet requiriq a conditional use pursuant to Section 12.24 of this Code UDtil such conditional use bas been obtained. _ d. Wb8D the Board baa d8termined that the coet of-police in. veetlptioD ..m- will be lnel'lued bec.'l" of the operation of a swap meet, the Board may requlre the swap meet operator to make ~ into the a-al fuDd of the Qty of LoIADgeles an .-t e,leul,t.ood at the cummt haur1y rate of a Detective II for 8IICh baar of iDveetIptlaa CIIl a weekday and 1&0.. of the cur- relit haur1y rats of a Det, ctlve II for uch hour of 1Ilv.~l"tIoD CIIl a SatanIay, 8uDday ell' boIiday iDYalvins the swap meet, ell' up to a .....1....,... of 1& haura per clay of swap ~ opII'8tIGa. plus 28.1.. of .uch ,_... far admlal8&rative coeta. '!'be swap ~ open&clr IIbd ~ the ......'1lt _ to the Qty CI8rk withIIl80 cIaya after the bDl Je ....nllll to the swap ~ operator by the Board. lA_deli by Old. No. 18U5ll. Elf. 8/31188J lBM'. No.llI-llll8l CUl-l/4 e:Xbf1 Bt-r * 3 ---. ,.' / ~, o " o Chapter 5.48 o SWAP MEEI' o Sections: 5.48.010 5.48.020 5.48.030 5.48.040 5.48.050 Swap meet defmed-Requirements. Notice required from exhibitor. Notice required from seller or exchanger. Report transmission. Report form. 5.48.010 SWAP MEET DEFINED - REQUIREMENTS. A swap meet, as used in this chapter, means any event which meets all the following requirements: (a) The place or location at which the event is held has been advertised by any means whatsoever as a place or location to which members of the public, during a specified period of time, may bring identifl8ble, tangible personal property and exhibit it for sale or exchange; (b) A fee is charged, payable to the operator or organizer of the event, either in the form of a charge for general admission to the place or location where the event is held or a charge for the privilege of exhibiting identifiable, tangible personal prop- erty at such event. The charge for exhibiting identifl8ble, tan- gible personal property may be a fixed amount or a percentage of all sales made or of the value of all property exchanged. (Ord. 351751,1968). e 5.48.020 NOTICE REQUIRED FROM EXHIBITOR. Every person who desires to exhibit identifiable, tangible per- sonal property at a swap meet shall, before he is permitted to exhibit such identirl8ble, tangible personal property at the swap meet, furnish to the operator or organizer of the swap meet or a person d~gnated in advance by such owner or operator to 0. <- 6-10-12) 166h o o o . . -0 - o. o . _.........i.... .~_ a""'t"""'-.awa... au& .~ ,"M;I'J UICIC~ t 2lCiQI. DeclaratiOD 01 I"_I~ IDteat: Swap meets: AppI,...W1lty 01 lI1fcIe It is the intent of the 1 T,I-ture in .....~g this article to require the statewide reporIins of personal ptoioeIty _..h...pot. sold or ofI'eraI lor sale or _("h.lI" at "swap meets" in a UDif'orm m.n...... tlNip..! to permit the correlation of such reports with other reports of law ealOI""""....t -rcies in order to assist in tracing IDd I~...iug stolen property IDd with the State Board of Ecp..lm.rinn to detect possible sales tax evasion. This article sba1I apply to swap meet operators IDd vendors, IS tlMlned ben:in, IIIIIess the personal p1~ty or the traDsaction is specitI...lly exempt herein IDd sba1I not be I11pCllMlIed or suppJaated by my provisiODs or ormn-n.- or charters of my city, county, or city IDd county, DOl' supple- mented by my such orrIinnces or charters or provisicms. Nothina herein CODtDm'lC! sba1I be d-"..! to d'ect the IlIDd _ IDd ,..."i"l nplatory power or a local 1pIICY, DOl' be CClIIItrIICd to requi.., my Ioca1 IpIICY to permit swap meets where such loca1ll1Dd use or ZODina replatious proln'bit such operatioDs. Any tp~ which is regulated by this article sba1I not be subject to the provisiclIII of Anide .. <--""'I with SeetiOfI' 21625). RJII'1.ri"l traDSIC- tIaIII in itI.orifI.h~ -oontlh.ntl t."I'"hIe ~ prop...t" No perscm. putDenhip, or 0lII]l0I'A1i0II shall be ~-.I a -tlh.ntl daler" within the m_'""-a of Ser.1iOD 21661 bec8_ of ICtivitia repIated by this . article. . Article 5 (w".lnell""'l with Section 21650) of this chapter shall DOt apply to swap meet operators IDd ve:adon. -.... 1m cum 11; .. . ..... 1910 ell 1163 f I. ... .. ... _"loIrlb~\,?~. ~ \ ~~. t 2l66L n.hIfI_ , AI UIed in this articIc: : (a) "Swap .... IIIIlIIIS lIDY mmt: : (1) At wbich two or _ .-- oI'er'..-u ...ot-I.r lor _ or I .,. pq"....~ ..s . ....: (2) At wbich . fee is dw:p lor the priYiJcae of CI&:riIII or cIispIayiDa . ,. .,,~. ........ ..vrltJ far, aaIe or ,'" 11.~ ar . (3) At wbich . fee is cbarpd to ...~ II.... buJen lor -"-1__ to the __ wbere ,M1CIoood ......-t) iI.A.4 or diIpIa,ed lor ale or -..h."F; or (4) ...... 01 the nnm...... 01 pcnClIII CI&:riIII or cIiIpIQiq ~ ~.......t) or the ~ orre.. at wbich IIIId ..-u ~iI oi"end or ~ed lor ale or ........... if the eveat iI held _ thaa lis timeI in lIDY 12 ftL_.tlll ,.tod. . (5) Tbe ... ....., .... iI iDte:JY'h.......h1e IIId appH_hle to "lIea -1IIIIIbII," "iIIdoar swap meets," or other IimiJIr terma, nprdIeIa of ,~. ....... tJ.e eftIdIue held either iDIidc . hniltllt,l or CIldIide in the opeD. Tbe' cbancteristic iI that these Idivitics iawIve . Ieries of sales ........!:;.i.7 nom....... ICDpC, lIDd c:hancter to COuItilute . ngular c:oane of ~~I-_ . ....&....~ 1. ."~" .-'f:> o ".. .' o rlClnning Commission City of Slln Bernllrdino 300 North D Street Slln Bernllrdino, CA. 92401 EXHIBIT "F" C:I O. o o August 30, 1990 Subject: PIllnning Commission Hellring, Finlll Drllft Development Code: Definition of "SWlIp Meet" . Dellr Members of the PIllnning Commission, On TLiesdllY August 28, 1990, I testified before the Commission regllrding the proposed definition of 'SWllP meet' liS stilted in stllff memorllndum to the PIllnning Commission, dllted August 27, 1990. In order to resolve this mlltter, we lire submitting for your considerlltion llnd review the following proposed definition of 'SWllP meet'. Itis our understllnding thllt will be llble to llddress ond discuss this definition ot the Plonning Commission heoring on September 4, 1990. . o SWllP Meet: Swop Meet meons ony ploce, locotion, structure or octivity ot which lln event is held where used goods or secondhond personol property is offered or displllyed for sole or el<chonge to' the generol public; llnd 0 fee moy be chorged to prospective buyers for odmission to the event; or 0 fee moy be chorged for the privilege of offering or displllying used goods or secondhllnd personol property ot such event. The term "swop meet" is interchllngeoble with ond opplicoble to: "f1eo mllrkets, ouctions, open-oir morkets or other simllor events. Pleose include this letter os POr1 oUhe public record.' "~~" ."'~~:'~II~k~.\~1;~ .. ~'~::~'- ~'- '.~, . ~ ~...-~ -~"...,.. '~''(:~''''-'. .i,. '_,' .." _.~...,'~.~ .,,'-~.-, ""-"', ~- - '-' ~ '. o >:>,/:>.;;-~,-': .'-:" . ........<-'::. : '.ct~"':":_'~'~' c;..:-:': o -~..~.- I. I I i ~I r .. I j " ") 0 i I I I I I . I I I I I I I I I o. l ''*' "', .'. " .... -'~ ".,. ., ~, "'". .........'. -. .'. .,'." "J: '" . .~,~_. . .}. -~-~ ~'.-:..;'..;::,.:-- . . _ EXHIBIT "G" -;..~-O ...... Ia u,,-:W .... ................. :... .LN=Wdo~"~a IRAft!lH~!" ~, 'm __I ~ ... .... i I .... ,,:~>~. -, '.. . . . :':~'~i ~.~;'-':""t.. . ". . \ nr n ~'. \ @ ... \ " , r- ~ Z - ~ I g~ It! I ~ 1 t .il it rtf if J~J~ . w :) I-Z ww w> :lEC A.z Co 3=z 0~ ~w 0> 01- CZ Z:) -0 ~ Z o . . ,:' r:.... .: ~_-~ 1 I I .j. . :! ~~;.' :~'~'" . . : ":1~~ -!. . :~:"'"...~~~ .:, - o EXHIBO"H" o - o c o ---5-.'-. ." __ ;r--"...._ ~. .' '...- - =- -::'" ~..-- - -.-..--- . - . ~ ~ ~ .- . -- -. - .... "'... '. . -- .- ._ a:.~ _ .-.._ '- --. ....-~- '.~ .~"t. ~ . .... '- '. _.~ ..~.- - . n .~'........._ ...... .. '" ~i!i:n~.;": ~.::~-_.~. - :..- 'C. - -. ~,' . .,"" --~.,... ..-. - - -:- . .:._- 4:! Existing Union Discounts c) in Los Angeles c o 10 o o - o o J. '-.. '..' c c c: o - - . "" . . . - ~I .. - .1,." ..: 'I' > ...r:r:~~' . :'iWn ~!~' ',',., ,,11 r~~~~UD~~U.." _ ifiJf.f -r" ,,'.IA.. ,,_' --,.. " ... - ....-==-: .......V'... . . .. f' . . ~ / c c c. - o :.:.. .." ~... ,'::~ '-'.~'" . ' ..z:;;.JiIt..:.- ""-t ..",,- . . ..~ ., ~ ~ . . - ~ ~ '-i '!\ ~. . ,.,) I:::". _ ;~-~t-.~, _