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HomeMy WebLinkAboutMC-1236 Adopted: October 16, 2006 Effective: November 16, 2006 1 ORDINANCE NO. MC-1236 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN BERNARDINO MUNICIPAL CODE SECTION 19.06.025 (DEVELOPMENT CODE) AND 4 PROHIBITING THE ESTABLISHMENT OF CERTAIN NEW BUSINESSES AND THE RELOCATION OF SAID BUSINESSES IN THE CITY. 5 The Mayor and Common Council ofthe City of San Bernardino do ordain as follows: 6 SECTION 1. FINDINGS. The Mayor and Common Council of the City of San 7 Bernardino hereby finds and declares that: 8 (a) There has been an overproliferation of the following commercial uses in thc City 9 of San Bcrnardino: 10 (I) (2) (3) (4) (5) (6) Smoke Shops; 11 Single-Price Overstock/Discount Storcs; 12 Tattoo Parlors and/or Body Piercing Studios; 13 Second Hand Stores/Thrift Stores; 14 Check-Cashing Facilities; 15 Conveniencc Stores within a one milc radius of another convenience store; 16 17 (7) Pawn Shops; (8) Automotivc Stcreo Shops; (9) Tirc Storcs; (10) Self-Service Laundry; (II) Recycling Centers; ( 12) Party Supply Stores. 18 19 20 21 22 (b) The above-referenced commercial uses have caused or contributed to one or morc 23 of the following adverse effccts to the surrounding areas: 24 (I) (2) (3) (4) improperly maintained landscaping, increased crimc, 25 loitering, litter and illegal dumping, 26 illegal signage, 27 28 F:\EMPFNO\Ordinances\Ordinance Amending :,J)..j..025 - 9-6-06.wpd MC-1236 1 2 (5) depreciation of property values. (c) The establishment of any new business or the relocation of any said business set 3 forth in Subsection (a), above, will result in causing or contributing to the adverse effects listed in Subsection (b), above. 4 (d) The City's Development Services Department has been directed to evaluate and 5 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 6 business or relocation of said business set forth in Subsection (a). 7 (c) For the reasons stated herein, the establishment of any new business or relocation of said business set forth in Subsection (a) poses a current and immediate threat to public health, safety 8 and welfare. 9 (f) This 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 is found 10 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 it may have 11 a significant effect on the environment. This Ordinance will not create a change in the environment because it maintains the status quo. 12 SECTION 2. San Bernardino Municipal Code Section 19.06.025 (Development Code) is 13 hereby added to read as follows: 14 "19.06.025 Prohibited Uses 15 (A) Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, 16 Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for 17 the establishment of a new business, or the relocation of an existing business, in the City of San Bernardino within the following categories of commercial uses: 18 (I) 19 20 (2) 21 22 23 24 (3) 25 26 27 28 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 2 F\EMPENO\Ordinances\Ordinance Amending 5.04.025 - 9-6-06.wpd MC-1236 1 2 3 (4) 4 5 6 7 8 9 10 11 12 13 (5) 14 15 16 17 18 19 20 21 (6) 22 23 24 25 26 27 28 decoration. This catcgory 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, uscd musical instruments, used phonographs and records, used fixtures and 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 grocerics, 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 thc samc parcel with a service station (gasoline station); (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 articlcs at prices previously agreed upon. This category shall not include any legally established pawnshop in an unrein forced masonry building to be relocated to another building within 50 feet of the current location. 3 F\EMPEI'iO\Ordinanccs\Ordinancc Amending 5.04,025 - 9-6-06.wpd MC-1236 1 3 (8) Automotive Stereo Shops - Establishments that either exclusively or as a substantial portion (+50%) of their floor area, sell and install automotive stereos and accessories. This category shall not apply to the establishment of a new Automotive Stereo Shop in the Auto Center Plaza area. 2 4 (9) Tire Stores - Establishments Icss 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. 5 6 (10) Self-Service Laundry - Any commercial establishment providing thc use of self-service washing machines and dryers to the public, usually coin- operated. 7 9 (II) Recycling Centers - Small collection facilities which occupy an area ofless than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public. 8 10 (12) Party Supply Stores -Establishments that either exclusively or as a substantial portion of their floor area, sell or rent party supplies and equipment. 11 12 (B) Section 19.06.025(A) shall not apply to any ofthc cnumerated uses if established in a shopping center or mall containing over 200,000 square feet of floor area and that have 13 at least one major commercial-anchor-tenant. 14 (C) Section 19.06.025(A) shall not apply to any of the enumerated uses if that use is exclusively established in a single independent building exceeding 25,000 square feet in 15 SIZC. 16 SECTION 3. Table 06.0 I, Commercial Districts List of Permitted Uses, at Section 19.06.020 shall be revised to reflect the new requirements in Section 19.06.025. 17 SECTION 4. This Ordinance is based upon thc findings set forth in Section I, above, and 18 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 II, Section 7 of the California Constitution, 19 and pursuant to Article 1lI, Section 31 of the Charter of the City of San Bernardino. 20 SECTION 5. The provisions ofthis Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance, 21 or the invalidity ofthc application thereof to any pcrson or circumstance shall not affect the validity ofthe remainder of this Ordinance, or the validity of its application to other persons or circumstances. 22 /1/ 23 //1 24 /1/ 25 26 27 28 4 F:\EMPEN()\'Ordinances\Ordinance Amending 5.04.025 - 9-6-06.wpd MC-1236 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN BERNARDINO MUNICIPAL CODE SECTION 19.06.025 (DEVELOPMENT CODE) AND PROHIBITING 2 THE ESTABLISHMENT OF CERTAIN NEW BUSINESSES AND THE RELOCATION OF SAID BUSINESSES IN THE CITY. 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 the !.i..day 5 of October , 2006, by the following vote, to wit: 6 7 COUNCIL MEMBERS: 8 ESTRADA 9 BAXTER 10 VACANT 11 DERRY 12 KELLEY 13 JOHNSON 14 Me CAMMACK 15 16 17 18 AYES NAYS ABSTAIN ABSENT ~ ~ ~ ~ ~ ~ ~~~Cle~ ~ The foregoing Ordinance is hereby approved this lkday of October, 2006. 19 20 21 S 22 ernardino 23 Approved as to form: 24 JAMES F. PENMAN City Attorney 25 26 27 28 5 F:\EMPENO\Ordinances\Ordinance Amending 5.04.025 - 9-6-06.wpd