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HomeMy WebLinkAbout36-City Attorney CI"lJ OF SAN BERNARDl,O - REQU[j~T FOR COUNCIL AC' JON From: Ralph H. Prince Subject: Mini-storage Facilities Ordinance Dopt: r. i t'l AttorTlPY Date: March 17, 1986 Synopsis of Previous Council action: 11/19/85 - Planning Commission reviewed proposed ordinance and submitted it to the Mayor and Common Council with a recommendation for approval. 12/2/85 - Mayor and Common Council referred proposed ordinance to the Legislative Review Committee. 2/20/86 - Legislative Review Committee recommended approval of proposed ordinance by the Mayor and Common Council. Recommen<:led motion: Waive further first reading of ordinance and layover for final adoption. cc: Frank Schuma, Planning Director Signature Contact person: Ra) ph--.H.. Pr iQ~_~_......__ Phone: 5255 Supporting data attached: n__ .. '{esn___ . ...__________ Ward:~g!l:.y.-wJd~_____ FUNDING REQUIREMENTS: Amount: n / " Source: Finance: Council Notes: Agenda Item No. ..3 0. 75-0262 '--CITY OF SAN BEMARDINO--- MEMORANDUlYi To The Mayor and Common Council From Frank A. Schuma Planning Director Subject Mini-Storage Facilities Survey Date MatCh 7, 1986 Approved Date The mini-storage facilities ordinance was reviewed by the Planning Commission, at their meeting of November 19, 1985 and was sub- mitted to the Mayor and Council with a recommendation for approval. The Mayor and Council, at their meeting of December 2, 1985, referred the item to the Legislative Review Committee for their review and recommendation. The attached ordinance incorporates the concerns of the Legislative Review Committee and was recommended for approval by the Committee at their meeting of February 20, 1986. FRANK A. SCHUMA Planning Director mkf (fJ'Y' ON J'H. =JMl)V~ \. C I T Y 0 F 5 A N B ERN A R DIN 0 INTEROFFICE MEMORANDUM 8511-309 TO: The Mayor and Common Council FROM: Frank A. Schuma, Planning Director SUBJECT: Continued Item - Mini-Storage Facilities Survey, City-wide Mayor and Council Meeting of December 2, 1985 DATE: November 21, 1985 (6535) COPIES: The mini-storage facilities survey was continued by the Mayor and Council to the meeting of December 2, 1985 to allow the Planning Commission sufficient time to consider the mini- storage facilities study prepared by the Planning Department. The Planning Commission, at their regularly scheduled meeting of November 19, 1985, considered the mini-storage facilities study prepared by the Planning Department. After consid- erable discussion, the Con~ission concluded that the best possible alternative for the control and regulation of mini storage facilities, was an amendment to the San Bernardino Municipal Code which would exclude mini-storage facilities from commercially zoned properties and commercially industrially zoned properties (C-3A Limited General Cor,illlercial and C-M Conlmercial-Manufacturing) and would permit mini storage facilities only on industrially zoned properties (M-l Light Industrial and M-2 General Industrial) with the issuance of a Conditional Use Permit. In the opinion of the Planning Commission, there is a satura- tion of mini-storage facilities throughout the community and especially in those highly trafficked corridors within the communlty, e.g. Highland Avenue, Waterman Avenue and Baseline Street. It was the Commission's opinion that the City should preseeve those commercially designated areas for more inten- sive cor,unercial uses which produce a higher tax rate of return to the community and which provide a higher ratio of jobs per square foot. ~ ~L FRANK A. SCBUMA Planning Director mk f 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.28.020 OF THE SAN BERNARDINO MUNICIPAL CODE TO MAKE THE 3 ESTABLISHMENT OF A MINI-STORAGE FACILITY IN A C-3 ZONE SUBJECT TO A CONDITIONAL USE PERMIT, ADDING SECTION 19.28.035 LIMITING 4 EXPANSION OF MINI-STORAGE FACILITIES IN THE C-3 ZONE, AND . AMENDING SECTION 19.36.020 TO PERMIT THE ESTABLISHMENT OF MINI 5 STORAGE FACILITIES IN M-l LIGHT INDUSTRIAL ZONES. 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 SECTION 1. Section 19.28.020 Subsection C of the San Bernardino Municipal Code is amended to read: "C. Services. 1. Amusement arcades, subject to a conditional use permit, conditions for which shall include: a. All amusement arcades shall be entirely within an enclosed building. b. The minimum distance between amusement arcades shall be one thousand feet. c. The minimum distance between an amusement arcade and a school, religious institution or public park shall be one thousand feet. d. On days when the pUblic schools of the San Bernardino City Unified School District are in full operation, amusement arcade operators shall not permit persons under the age 22 of eighteen years to enter or remain in areas within the business 23 establishment designated for amusement arcades prior to four p.m. 24 on such school days. 25 26 e. No amusement arcade in which coin-operated game machines constitute the source of more than fifty percent of 27 the total gross revenues of the business enterprise with which it 2R 1 . 1 2 , 3 , 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 is situated, or in which such game machines are the sole or primary business occupation shall be open between ten p.m. of any one day and six a.m. of the following day, except for Friday and Saturday of each week, when the hours of operation may continue until twelve-thirty a.m. of the next succeeding day. Amusement arcades operated incidental to a bona fide food serving establishment shall be operated only during the hours during which food is actually being served, and amusement arcades operated incidental to any other primary business shall be operated only during the hours the primary business is carried on. f. Adult supervision shall be provided at all times within areas designated for amusement arcades. g. For any amusement arcade within a shopping center, all partitioning walls shall consist of soundproof materials to alleviate noise transmission to neighboring businesses. h. Rest rooms shall be provided. i. The standards established herein shall not apply to amusement arcades operated in conjunction with bona fide amusement or recreational activities, e.g., bowling alleys, dance halls, ice or roller skating establishments, or pool halls, provided such establishments meet all other applicable provisions of this chapter. j. The requirement for a conditional use permit shall not apply to any temporary business operating at a specific location for five consecutive days or less which applies to and 28 / / / / / / 2 - ~ --.- 1 2 3 4 5 permit. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 permit. 23 24 25 26 27 28 / / / receives from the Mayor and Common Council a temporary operating permit which the Mayor and Common Council may authorize subject to such conditions as the Mayor and Common Council may establish. 2. Animal hospitals, subject to a conditional use 3. Auction houses or stores, subject to a conditional use permit. 4. a. Automobile service stations, including locations where gasoline dispensing pumps are installed for the sale of motor fuels in combination with some other type of retail service, subject to a conditional use permit. Service station pump islands shall not be closer than fourteen feet from the street property line. The distance shall be measured from the nearest street property line to the nearest edge of the pump island. b. The conversion of a building designed for use as an automobile service station to a different permitted use shall be subject to a conditional use permit. c. The provisions of Chapter 8.33 shall apply to each automobile service station site. 5. Automobile wash, subject to a conditional use 6. 7. 8. 9. 10. Baths, Turkish, steam or other public. Blueprinting and photocopying. Bowling alleys. Boxing arenas, subject to a conditional use permit. Dancehalls, subject to a conditional use permit. / / / 3 I .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. Drive-in theaters, sUbject to a conditional use permit. Employment agencies. Ice or roller skating, subject to a conditional 12. 13. use permit. 14. Mini-storage facilities, subject to a conditional use permit. 15. Mortuaries and funeral parlors, subject to a conditional use permit. 16. Motels and motor hotels, subject to a conditional use permit; provided, however, that as to any motel or motor hotel designed as a suite motel (hometel), the conditions for approval shall include: a. All structures shall be of new construction. b. All buildings shall be designed for transient use. c. Kitchenettes are permitted in all suites. d. The parking requirements set forth in Section 19.56.040 I (hotels) are applicable. 'Suite motel' (hometel), for purposes of this section, shall include any motel or motor hotel which provides residential suites for transient use with separate living areas including bedrooms and kitchenette facilities. 17. Pool halls, subject to a conditional use permit. 18. Repair garages, including automobile repair, painting, or upholstering conducted entirely within a building, but excluding repair of trucks in excess of one and one-half tons carrying capacity. 4 1 19. Swimming pools. 2 20. Tire retreading and recapping. The operation 3 shall be completely enclosed in a building of commercial 4 appearance. Space devoted to tire retreading and recapping shall 5 not exceed 25 percent of total first floor area. New and used 6 tire storage area shall not be a part of the retreading and 7 recapping area. The tire buffer room shall contain motors, 8 blowers and buffer equipment. A waste container for buffed or 9 waste rubber shall be located outside the buffer room, but within 10 the enclosed building. The buffer room shall be reasonably 11 fireproof and soundproof. 12 21. Trade schools which do not produce objectionable 13 noise, light, odor, vibration or dust. 14 22. Trailer camp, subject to a conditional use permit. 15 23. Trampolines, subject to a conditional use permit. 16 24. Upholstery shop. 17 25. Wedding chapels." 18 SECTION 2. Section 19.28.035 is added to the San Bernardino 19 Municipal Code to read: 20 "19.28.035 Expansion of uses. 21 Expansion of mini-storage facilities shall be permitted only 22 for mini-storage facilities for which: 23 1. a business permit for an operating mini-storage 24 facility was in effect on March 1, 1986; and 25 2. expansion is sought on the same or a contiguous 26 parcel of land which was, on March 1, 1986, under the same 27 ownership as the existing mini-storage facility." 28111 II/ 5 1 SECTION 3. Section 19.36.020 of the San Bernardino 2 Municipal Code is amended to read: 3 "19.36.020 Uses permitted. 4 It is unlawful for any person to use a building or land, or 5 to erect, structurally alter, enlarge or maintain a building 6 except for the following purposes: 7 A. Assembly of small electrical and mechanical appliances 8 and electronic instruments. 9 B. Automatic screw machines, blacksmith shops and machine 10 shops, excluding punch presses over twenty tons, drop hammers, 11 C. Automobile assembly, battery manufacturing, body and 12 fender works, painting, rebuilding, reconditioning, tire 13 retreading and recapping, truck repairing and overhauling, 14 upholstering and like uses, 15 D. Automobile impound yards, subject to a conditional use 16 permit, 17 E. 1. Automobile service stations, including locations 18 where gasoline dispensing pumps are installed for the sale of 19 motor fuels in combination with some other type of retail service 20 (subject to a conditional use permit), service station pump 21 island shall not be closer than fourteen feet from the street 22 property line which distance shall be measured from the nearest 23 street property line to the nearest edge of the pump island, 24 2. The conversion of a building designed for use as an 25 automobile service station to a different permitted use shall be 26 subject to a conditional use permit requirements, 27 / / / / / / 28 / / / / / / 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. The provisions of Chapter 8.33 shall apply to each automobile service station site; F. Contractors' storage yards when conducted entirely within a building or within an open space entirely enclosed with a six- foot high chain link fence or six-foot high masonry wall; the front wall or fence shall be set back not less than six feet from the front property line; the six-foot setback area shall be landscaped and maintained; G. Draying and freight yards; H. Electric distribution substations; I. Feed and fuel yards, subject to the same provisions as required in subsection F; J. House moving storage yards, subject to a conditional use permit; K. Laundries and dry cleaning plants, carpet and rug cleaning plants and like uses; L. Lumber yards, subject to the same provisions as required in subsection F; M. Machinery rentals when conducted entirely within an enclosed yard as required by subsection F; N. Manufacture and maintenance of billboards and electrical signs, commercial advertising structures, subject to compliance with the provisions of Chapter 19.60, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like; O. Manufacture of novelties, metal and rubber stamps and toys; / / / / / / 7 1 P. Manufacturing, compounding, assembly or treatment of 2 articles or merchandise from the following previously prepared 3 materials: bone, cellophane, canvas, cloth, feathers, felt, 4 fiber, fur, glass, hair, horns, leather, paints not employing a 5 boiling process, paper, plastics, precious or semiprecious metals 6 or stones, shells, textiles, tobacco, wood and yarnsl 7 Q. Manufacturing, compounding, processing, packaging or 8 treatment of products such as: bakery goods, candy, cosmetics, 9 dairy products, drugs, food products (excluding sauerkraut, 10 vinegar, yeast and the rendering of fats and oils), perfumes and 11 toiletriesl 12 R. Manufacturing of figurines, pottery or similar ceramic 13 products using only previously pulverized clay in kilns fired by 14 electricity or gaSl 15 S. Mini-storage facilities, subject to a conditional use 16 permitl 17 T. Movie studioSl 18 U. Poultry or rabbit killing incidental to sale on the 19 premisesl 20 V. Repair garagesl 21 W. Retail lumber yards including incidental mill workl 22 X. Small boat building and repairs; 23 Y. Veterinarian animal hospitall 24 Z. Wholesaling and warehousingl 25 AA. Such other uses which the Commission determines to be 26 similar in nature and does not produce obnoxious noise, odor, 27 dust, smoke, glare and other nuisances." 28 / / / / / / 8 1 I HEREBY CERTIFY that the foregoing ordinance was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held on 4 the , by the , 198 day of 5 following vote, to wit: 6 AYES: 7 8 NAYS: 9 ABSENT: 10 11 12 13 City Clerk The foregoing ordinance is hereby approved this day 14 of , 198 15 16 17 18 19 20 21 22 23 24 25 26 27 2R Mayor of the City of San Bernardino Approved as to form: rJ2~,u/)/J~ City Attorney 9