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HomeMy WebLinkAbout31-Planning & Building Services r ~ITY, OF' 'SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ~ro"" Michael E. Hays, Director SUb~: ::>ep., i'lanning & Building service@(Q) W Development Code Amendment No. 97-02 - To amend the DevelOpment Code to add development standards for permanent outdoor sales and displays. ! ::>ate: June 30, 1997 MCC Date: July 21, 1997 ;ynopsis of Previous Council Action: N/A JUL 0 2 1997 lecommended Motion: That the Mayor and Common Council close the public hearing and adopt the Ordinance which approved Development Code Amendment No. 97-02, based on the Findings of Fact. , ~L~~ :cv ""-:t person: Michael E. Hays Phone: 384-5357 :;upporting data attached: Staff Re1)Ort and Ordinance Ward(s): " :::uNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: :Ouncil Notes: R~FeJ(fi.&I k L~9/~ktl"v'e Review CoIY1t1l1fI-~e. Agenda Item No. 31 1/;).I/Q7 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 97-02 Mayor and Common Council meeting of July 21, 1997 OWNER: N/A APPLICANT: City Initiated REQUEST: A City initiated proposal to amend Chapter 19.06, Section 19.06.030 of the San Bernardino Municipal Code (Development Code) to add development standards for permanent outdoor sales and displays. BACKGROUND: The Mayor and Common Council adopted Ordinance MC-972 which permits permanent outdoor displays in the commercial land use districts, however the only regulatory provisions adopted included the following: 1. Outdoor displays are limited to major tenants (15,000 square feet or greater); 2. They must be on private property, the same property as the business, and may not encroach in the public right-of-way. This development code amendment proposes more specific development standards to ensure that required parking, landscaping, access and public health, safety and welfare issues are taken into consideration. KEY ISSUES: None ENVIRONMENTAL DISCUSSION: Exempt per General Rule, CEQA Section 15061(b)(3) PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 9 to o (Enciso, Gonzalez, Hamilton, Lockett, Olliel, Reilly, SChuiling, Suarez and Thrasher) to recommend approval of Development Code Amendment No. 97-02 based upon the Findings of Fact contained in the June 3, 1997 staff report (Exhibit 1). RECOMMENDATION: Staff recommends that the Mayor and Common Council approve Development Code Amendment No. 97-02 to amend Chapter 19.06, Section 19.06.030 of the San Bernardino Municipal Code (Development Code) to add development standards for permanent outdoor sales and displays, based upon the Findings of Fact. Prepared by: Margaret Park, Associate Planner For: Michael Hays, Director, Planning and Building Services . . Exhibits: 1 - Planning Commission Staff Report 2 - Ordinance 2 3 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 5 6 7 8 9 10 1 cg@[?))f ORDINANCE NO. U ORDINANCE OJ' TBB CITY OJ' SU BERNARDINO UBNDING CHAPTER 1'.0', SEeTIOJlf 19.0'.030 OJ' THB SU BERNARDINO MUHICIPAL CODE (DBVBLOPMBJIfT CODE) RBGARDIJlfG PBRKAJlfEJIfT OUTDOOR SALBS AND DISPLAYS. SEeTIOJlf section Code 1. 19.06.030 Municipal of the (Development Code) is amended to add new specific standards for permanent outdoor sales and displays; all other provisions of section 19.06.030 remain unchanged. section 19.06.030 of the Development Code is hereby amended to add a new Section 19.06.030 (P) as follows (see Attachment A, 11 Development Code pages II-80, II-94 and II-95, attached hereto and 12 13 "SECTION 19.06.030 (P) PERMANENT OUTDOOR SALES AND DISPLAYS incorporated herein by reference): 14 Permanent 15 16 17 1- 18 19 2. 20 21 22 3. 23 24 25 26 27 4. 28 outdoor displays may established subject be to Development Permit review and shall be constructed in the following manner: Outdoor displays are allowed for the display of new or rental merchandise related to legally established retail outlets. The permanent display shall be located entirely on private property, within the parcel bound~ry on which the retail business is located. The outdoor display area shall be separated from pedestrian aisles and public rights-of-way by a permanent decorative barrier including, but not limited to, wrought iron fencing or decorative bollards with chain or a partial wall with screening. The display area shall be located in such a manner that no 1 :# ..!/ 1 required parking is used for the display area. 2 5. The display area shall be located so that no required 3 landscaped area is removed. 4 6. The display area shall be located on the front or side of the 5 building with the main or secondary entrance. 6 7. For every 100 square feet of permanent display area, 6 square 7 feet of permanent landscape area shall be provided. This 8 landscape area may be provided by non-movable potted planters. 9 8. No other outdoor uses shall be permitted unless brought into 10 conformance with the provisions of this Development Code. 11 9. No additional parking spaces shall be required as a result of 12 the approval of a Development Permit for permanent outdoor 13 display areas. 14 10. No display shall be located in such a way as to create a 15 safety hazard to pedestrian or vehicular traffic. 16 11. Merchandise loading and unloading shall occur in such a manner 17 that pedestrian andlor vehicular flow is not obstructed. 18 12. The display area shall not exceed 5% of the gross floor area 19 of the retail business. 20 13. Merchandise shall be displayed only during business hours of 21 operation unless otherwise approved by the Director." 22 In addition to this added language, previous Sections 19.06.030 (P) through (W) will be relettered and Permanent Outdoor Displays will be added to Table 06.03 accordingly and it will also be relettered. 23 24 25 26 27 IIII 28 IIII IIII IIII 2 1 AN ORDINANCE. . .AMENDING CHAPTER 19.06, SECTION 19.06.030 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING 2 PERMANENT OUTDOOR SALES AND DISPLAYS. 3 4 5 6 7 8 9 10 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the city of San Bernardino at a meeting thereof held on the day of , 1997, by the following vote to wit: Council Members ~ ~ ABSTAIN ABSENT NEGRETE CURLIN ARIAS 11 OBERHEUoIAN 12 DEVLIN 13 ANDERSON 14 MILLER 15 16 17 18 day of 19 20 City Clerk The foregoing resolution is hereby approved this , 1997. Tom Minor, Mayor eity of San Bernardino 21 Approved as to form 22 and legal content: 23 24 25 26 27 28 JAMES F. PENMAN City ttorney 3 L--__ * .., * * Q..N III :::l Vl Cl ~ <: Cl z <: E-< Vl U - u.. - u ~ p... Vl Vl E-< U - ~ E-< Vl - Cl ....:l <: - ~ E-< Vl ;:l Cl Z - Cl z <: ....:l <: - u ~ ~ ~ ~ o u enN U U .., o U N o U o<l : on 00 UU N 6 U C') o \0 o ~ ....:l /Xl <: E-< !!J :!: == * * * * >< Q.. o :t U >< >< .". '" U .., '" U N '" U - '" U .". o U 6 U Z U en Cl co: < o z <: I- en ...J <: o Ul Q.. en e c o U '" ~ ~ .. '" ~ 8 ~ .;; ~ '" ~ '0 ~ - ""0 c '3 u '0 u u <:<::l <: III >< K K K K K >< >< >< K K K >< >< K >< K ~ o II) ~ 8~:S en 5 .~ 9 9 1: '" '" <<:< K K >< >< K * >< >< K .. .5 ~ '" 5 e '" 0 is iii "" u .~ g u u :t 'c '" u e ~ o 0 lllU >< K K K K K K K K K K >< K K ':, >< K K >< l< ;0( ;0( ;0( K K >< )( ;0( ;0( ;0( ;0( l< 10( ;0( K K K K c !l .5< ; III ~ 11 :_~ ~ 8 'u ~- ~ 2'~ o~o::: ~ ' """ u u 8 >..2: ~ .. ~ c ClCl_ UQl1i~o:t...:...; ATTACHMENT A COMMRRCIAL DISTRICTS - 19.06 K K >< >< K K >< >< K K K K K K K -g .. '" u ~ .... ~ .5 ~ ,;, ~ 8 In ::C'E N?? u-8_>-o'" 00 _ tlO C .... U ~ .!!l .. u '5 C ~~c;S>co=u .c::Eiii.!!'7; ~tcc:O:Ee ~~~~~~.t :.:...i::Ezoc.; ll-80 >< >< >< >< >< >< >< >< >< >< >< K >< '" ~ ~ .. '" c >- .- ..- _ u 0.>- '" u .- u Ocr: K K K K K K K K l< ;0( >< ;0( K K K K l< )( l< l< K K KKK K KKK K '" ~ C g .e """" ._ II) o ~ ~ C .. > .e 0 S g u: :; u e ~ .~ .~ .~ c.. _ ::i ~ ii -o'r;iVSVS ; b ~ u II) :s S .S:! .S:! 4! C 's i:: c: .'" C';l CJ 0 0 tn:I:tntnl;lJ 6cr: enl-:::l> K KKK K K KKK KKK K K KKK KKK KKK >< KKK K >< K KKK K KKK >< KKK N '" N r7>. oiiq" - 0 .:: ";' 0 00 f; ~M~;;g. OM""""uBrI)_ :t &l S2 ~ 0 '..::~ C\ >'u>' _00 ::::E:: '" 5 0 ~ ~.~ 8 .~ - I.I..cct.1.:er:::~C\ , c 'u -as ~'~~c>~9u c..... c c_ Vj&1r.;s8Vj~~ ~ >< ~ ~ " ~ C; :lE 1! .. ~ c g;~~~ O'<ON"Of'N :!:::::~~~ 'O~~~8 ,cOoClOOOClO guuuu ",:lE:lE:lE:lE . . . . . . . ... 1/97 COMMRRCIAL DISTRICTS - 19.06 working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures. 14. Storage facilities located adjacent to residential districts shall have their hours of operation restricted to 7:00 A.M. to 9:00 P.M., Monday through Saturday, and 9:00 A.M. to 9:00 P.M. on Sundays. N. MOBILE VENDORS Mobile vendors may be established only in areas located within both the Main Street Overlay subject to written approval by Main Street, Inc. Specific locations shall be determined by Main Street, Inc. O. MULTI-FAMILY HOUSING Refer to Section 19.04.030(2)(L). P. PERMANENT OlTlDOOR ~ AND DISPLAYS Pe171Ul1lent outdoor displays may be established subject to Development Permit review and shall be constructed in the following manner: 1. Outdoor displays are allowedfor the display ofnew or rental merchandise related to legally established retail outlets. 2. The pe171Ul1lent display shall be located entirely on private property, within the parcel boundary on which the retail business is located. 3. The outdoor display area shall be separated from pedestrian aisles and public rights-of-way by a permanent decorative barrier including, but not limited to, wrought iron fencing or decorative bollards with chain or a panial wall with screening. 4. The display area shall be located in such a manner that no required parking is used for the display area. 5. The display area shall be located so that no required landscaped area is removed. 6. The display area shall be located on the front or side of the building with the main or secondary entrance. 7. For every 100 square feet of permanent display area, 6 square feet of pe171Ul1lent landscape area shall be provided. This landscape area may be provided by non-movable potted planters. 8. No other outdoor uses shall be permitted unless brought into coriformance with the provisions of this Development Code. 11-94 5/91 COMMRRClAL DISTRICTS - 19.06 9. No additional parldng spaces shall be required as a result of the approval of a Development Permit for permanent outdoor display areas. 10. No display shall be located in such a way as to create a sqfety hazilrd to pedestrian or vehicular trqfJic. 11. Merchandise loading and unloading shall occur in such a mmmer that pedestrian and/or vehicular flow is not obstructed. 12. The display area shall not exceed 5% of the gross floor area of the retail business. 13. Merchandise shall be displayed only during business hours of operation unless otherwise approved by the Director. Q. RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS Recycling facilities are subject to permit review in all commercial and industrial land use districts according to the following schedule: Type of Facility Districts Permitted Permit Required Reverse Vending All Commercial and Development Permit and Machine(s) Industrial up to 5 reverse vending machines Small Collection CO-I, CO-2, CR-3 (So. Development Permit of 1-10) & All Industrial Large Collection CH and All Industrial Conditional Use Permit light Processing All Industrial Conditional Use Permit Heavy Processing All Industrial Conditional Use Permit 1. For the purposes of this Section, the following definitions shall apply: a. Collection Facility. A center for the acceptance by donation, redemption or purchase of recyclable materials from the public, which may include the following: 1) Reverse vending machine(s); 2) Small collection facilities which occupy an area of less than 500 square feet and may include: a) A mobile unit; b) Bulk reverse vending machines occupying more than 50 square feet; and c) Kiosk-type units which may include permanent ll-95 5/91 EXlDBIT "1" SUMMARY CITY OF SAN BERNARDINO PLANNING DMSION =============================================== CASE: AGENDA ITEM: HEARING DATE: WARD: Development Code Amendment No. 97..()2 1 June 3, 1997 Citiwide APPLICANT: City of San Bernardino OWNER: Various =============================================== REQUFST / WCATION - A City-initiated proposal to amend Chapter 19.06, Section 19.06.030 of the San Bernardino Municipal Code (Development Code) to add development standards for permanent outdoor sales and displays. =============================================== CONSTRAINTS/OVERLAYS None. =============================================== ENVIRONMENTAL FINDINGS: o Not Applicable . Exempt, Section 15061(b)(3) o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation MonitoringIReporting Plan ----------------------------------------------- ----------------------------------------------- STAFF RECOMMENDATION: . o o APPROVAL 0 DENIAL CONTINUANCE TO: CONDmONS ----------------------------------------------- ----------------------------------------------- 51W97 - . DCA 97-02 Hearing Date: 613/97 Page 2 REOUEST - The project consists of a City initiated proposal to amend Chapter 19.06, Section 19.06.030 of the San Bernardino Municipal Code (Development Code) to add development standards for permanent outdoor displays. This proposal has the potential to affect parcels city- wide. The Mayor and Common Council adopted Ordinance MC-972 which permits permanent outdoor displays in the commercial land use districts, however the only regulatory provisions adopted included the following: 1. Outdoor displays are limited to major tenants (15,000 square feet or greater); 2. They must be on private property, the same property as the business, and may not encroach in the public right-of-way. This development code amendment proposes more specific development standards to ensure that required parking, landscaping, access and public health, safety and welfare issues are taken into consideration. PROJECT DESCRIPTION - SECTION 19.06.030 - New Specific Standards 19.06.030 PERMANENT OUTDOOR SALES AND DISPLAYS Permanent outdoor displays may be established subject to Development Permit review and shall be constructed in the following manner: 1. Outdoor displays are allowed for the display of new merchandise related to legally established retail outlets. 2. The permanent display shall be located entirely on private property, within the parcel boundary on which the retail business is located. 3. The outdoor display area shall be separated from pedestrian aisles and public rights-of- way by a permanent decorative barrier including but not limited to wrought iron fencing or decorative bollards with chain or a partial wall with screening. 4. The display area shall be located in such a manner that no required parking is used for the display area. 5. The display area shall be located so that no required landscaped area is removed. 6. The display area shall be located on the side of the building with the main or secondary DCA 97-02 Hearing Date: 613/97 Page 3 entrance. 7. For every 100 square feet of permanent display area, 6 square feet of permanent landscape area shall be provided. This landscape area may be provided by non-movable potted planters. 8. No other outdoor uses shall be permitted unless brought into conformance with the provisions of this Development Code. 9. No additional parking spaces shall be required as a result of the approval of a Development Permit for permanent outdoor display areas. 10. No display shall be located in such a way as to create a safety hazard to pedestrian or vehicular traffic. 11. Merchandise loading and unloading shall occur in such a manner that pedestrian and/or vehicular flow is not obstructed. 12. The display area shall not exceed 5 % of the gross floor area of the retail business. 13. Merchandise shall be displayed only during business hours of operation unless otherwise approved by the Director. In addition to this added language, Section 19.06.030 will be renumbered and Permanent Outdoor Displays will be added to Table 06.03 accordingly and it will also be renumbered. FINDINGS AND ANALYSIS - This DCA is has been determined to be exempt from CEQA in accordance with Section IS061(b)(3) which exempts those projects that will not have a significant effect on the environment. Develooment Code Amendment Findin2s (l)The proposed amendment is consistent with the General Plan in that it is consistent with Goal 4D which states: "Maintain and enhance commercial regional cores and economically sound community- serving commercial concentrations. " This DCA serves this goals by providing guidelines for new and existing business interested in enhancing their business in the City through outdoor sales and displays. Outdoor displays can provide needed exposure to some businesses, allowing them to maintain their market presence. (2)The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that outdoor displays are currently permitted. This amendment adds specific development requirements that must be met when each outdoor display . . DCA 97-m Hearing Date: 6/3/97 Page 4 applies for a development permit. At that time each request will be evaluated in terms of its impact on the public interest, health, convenience and welfare. CONCLUSION - The proposed amendment is consistent with the Development Code and General Plan and is exempt from CEQA. RECOMMENDATION - Staff proposes that the Planning Commission recommend that the Mayor and Common Council approve Development Code Amendment No. 97-01 based on the Findings of Fact. @w MICHAEL E. HAYS Director of Planning and Building Services ~l~Pd ., MARGARET E. PARK Associate Planner