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HomeMy WebLinkAbout33-Development Services ORIGINAL CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: Valerie C. Ross, Director Development Services Subject: Development Code Amendment No. 08-04, an ordinance amending Section 19.06.025 of the Development Code to provide for exceptions to the prohibition of single-price overstock/discount stores in the City of San Bernardino. Date: December 23, 2008 MCC Date: January 20,2009 Synopsis of Previous Council Action: 10/4/04 Mayor and Council adopted MC-1188, an urgency ordinance prohibiting establishment or relocation of specified businesses in the City of San Bernardino Mayor and Council adopted MC-II96 amending and extending MC-1188 Mayor and Council adopted MC-1236, establishing Section 19.06.025 Prohibited Uses Legislative Review Committee recommended the proposed Development Code Amendment Mayor and Council directed staff to initiate the proposed Development Code Amendment 6/6/05 10/2/06 8/19/08 9/2/08 Recommended Motion: That the hearing be closed and that the item be referred to Legislative Review Conmlittee. ~ C'j?U4-- Valene C. Ross Contact person: Terri Rahhal, Citv Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): Citv-wide FUNDING REQUIREMENTS: Amount: N/A Source: (Ace!. No.) (Ace!. Description) Council Notes: ~ Finance: 7tfLr~dfv LI? c!..- Agenda Item No. g3 '.2tJ-O, CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Development Code Amendment No. 08-04, an ordinance amending Section 19.06.025 of the Development Code to provide for exceptions to the prohibition of single-price overstock/discount stores in the City of San Bernardino. APPLICANT: Development Services Department 300 N. "D" Street San Bernardino, CA 92418 BACKGROUND: On October 4, 2004, the Mayor and Common Council adopted MC-1188, an urgency interim land use ordinance prohibiting establishment or relocation of specified land uses within the City. The Mayor and Council found that over-proliferation of the uses specified in the ordinance had contributed to various adverse impacts on the community, including increased crime, illegal signage, poor property maintenance and depreciation of property values. MC-1196 was adopted on June 6, 2005, to amend and extend the provisions of MC-1188. On October 2, 2006, Development Code Amendment (DCA) No. 06-02 was approved by Ordinance MC-1236 to adopt the provisions of the interim ordinances on a permanent basis by adding Section 19.06.025 "Prohibited Uses" to Development Code. There are twelve categories of commercial uses that are prohibited by Section 19.06.025 of the Development Code. Single-price overstock/discount stores, defined as "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 very low price ranges, including, but not limited to food stujft, alcoholic beverages, apparel and accessories, costume jewelry, notions and wares, housewares, fountain refreshments and toys" comprise one category of the prohibited uses. Section 19.06.025 provides two exceptions to the prohibition of the twelve use categories. One exception is for any business proposed to be established in a shopping center containing over 200,000 square feet of floor area; and the other exception is for any business proposed to occupy a single building exceeding 25,000 square feet in floor area. The proposed ordinance (Exhibit 1) would provide additional exceptions specific to single-price overstock/discount stores. Based on concerns expressed by citizens and the business community, the Legislative Review Committee of the Common Council (LRC) has discussed potential amendments to the Prohibited Uses Section 19.06.025 of the Development Code on several occasions. On August 19,2008, the LRC recommended that single-price overstock/discount stores be permitted in buildings or tenant spaces of at least 15,000 square feet, and that exceptions for proposals to occupy smaller spaces be considered on a case-by-case basis, subject to approval of a Conditional Use Permit (CUP) by the Mayor and Council, with a recommendation from the Planning Commission. DCA No. 08-04 Hearing Date: January 20, 2009 Page 2 On September 2, 2008, the Mayor and Common Council directed staff to initiate a Development Code Amendment for review by the Planning Commission, as recommended by the LRC. The Planning Commission considered the proposed Development Code Amendment on November 18, 2008. The Senior Deputy City Attorney suggested that some objective standards be added to the recommendation of a CUP requirement for tenant spaces less than 15,000 square feet. The Planning Commission did not recommend any specific standards, but recommended approval of DCA No. 08-04 on a vote of 5 - 3. Commissioners Durr, Longville, Mulvihill, Rawls and Sauerbrun voted to recommend approval, and Commissioners Coute, Heasley and Muiloz voted against the amendment. Commissioner Hawkins was absent. The Planning Commissioners who voted against DCA No. 08-04 stated that they support the current provisions of Development Code Section 19.06.025 Prohibited Uses, and that they did not recommend additional exceptions for single-price overstock/discount stores. FINANCIAL IMPACT None. Any additional cost of implementing the proposed ordinance will be covered by associated permit application fees. RECOMMENDATION Staff recommends that the Mayor and Common Council close the public hearing and layover the ordinance for final adoption. EXHIBITS: I Ordinance 2 Planning Commission Statement of Action and Staff Report 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTION 19.06.025 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO SINGLE-PRICE OVERSTOCK/DISCOUNT STORES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION!. Chapter 19.06, Section 19.06'()25 of the San Bernardino Municipal Code (Development Code) is amended to add provisions to permit additional single-price overstock/discount stores, subject to additional floor area standards or approval or a Conditional Use Permit by the Mayor and Common Council, as shown in Attachment I attached hereto and incorporated herein by reference. SECTION 2. Severability. In the event that any provision or this Ordinance. or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity nr elTectivcncss or any of the remaining provisions of this Ordinance, or any pal1 thereot~ or any application thereof to any 19 person or circumstance or of said provision as applied to any other person or circumstance. It is 20 hereby declared to be the legislative intent of the City that this Ordinance would have been 21 22 IIII adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 23 24 25 26 27 28 IIII IIII 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTION 19.08.025 OF THE SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO SINGLE-PRICE OVERSTOCK/DISCOUNT STORES. 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 6 meeting thereoC held ,2009 by the following vote to wit: ABSTAIN ABSENT City Clerk 19 20 21 22 The foregoing ordinance is hereby approved this _day of ,2009. PATRICK J. MORRIS, Mayor City of San Bernardino 23 Approved as to form: 24 25 JAMES F. PENMAN City Attorney 26 27 By: }w7f7,..".-1L t;" ,t.J d) ~A<~ '! l. III i;I...~. l.,,(;btJ)..J, ~ ~ 28 1\ III f#.- ~ ~ c.:. ~ a-.-I ~ 0-1 ~ 64 .rxo.-./ Ivr ~ ~ Of:. ~ 'T 2A- (.(./. J.?!-/ ATTACHMENT 1 COMMERCIAL DISTRICTS -19.06 19.06.025 PROHIBITED USES MC 1233 10/2/06 1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for 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: A. 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. B. Single-price overstock/discount stores - 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 wares, housewares, fountain refreshments, and toys. This category shall not apply to establishments proposed to OCCUpy buildings or tenant spaces exceeding 15.000 square feet in floor area. Exceptions to permit single-price overstock/discount stores less than 15,000 square feet in area may be requested bv application for a Conditional Use Permit, subiect to approval bv the Mayor and Common Council, with a recommendation from the Planning Commission. C. 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. D. 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, used 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: II-59 COMMERCIAL DISTRICTS -19.06 1. 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. 2. 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. 3. Existing, legally established indoor concessIon malls and outdoor swap meets, unless otherwise prohibited. E. 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. I. 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. 2. 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. F. Convenience Stores (if located within a one mile radius or 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). G. 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 umeinforced masonry building to be relocated to another building within 50 feet of the current location. H. 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. 11-60 COMMERCIAL DISTRICTS -19.06 I. 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. J. Self-service Laundry - Any commercial establishment providing the use of self- service washing machines and dryers to the public, usually coin-operated. K. Recycling Center - Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public. 1. Party Supply Stores - Establishments that either exclusively or as a substantial portion of their floor area, sell or rent party supplies and equipment. 2. Section 19.06.025(1) shall not apply to any of the enumerated uses if established in a shopping center or mall containing over 200,000 square feet of floor area and that have at least one major commercial-anchor-tenant. 3. Section 19.06.025(1) shall not apply to any of the enumerated uses if that use is exclusively established in single independent building exceeding 25,000 square feet in size 11-61 AGENDA ITEM TRANSMITTAL SHEET Council Meeting Date Regular X January 20, 2009 Supplemental Department Development Services TITLE OF RESOLUTION/ORDINANCE: DEVELOPMENT CODE AMENDMENT NO, 08-04, AN ORDINANCE AMENDING SECTION 19.06.025 OF THE DEVELOPMENT CODE TO PROVIDE FOR EXCEPTIONS TO THE PROHIBITION OF SINGLE-PRICE OVERSTOCK/DISCOUNT STORES IN THE CITY OF SAN BERNARDINO. SUBMITTED TO CITY ADMINISTRATOR Date From Development Services SUBMITTED BY CITY ADMINISTRATOR TO CITY ATTORNEY Date Received By RETURNED BY CITY ATTORNEY TO DEPARTMENT FOR CHANGES 1st Time: Dat~ Received By ;:ir('J' ~ 2nd Time: Date Received By RESUBMITTED BY DEPARTMENT TO CITY ATTORNEY WITH CHANGES 1st Time: Datet!q!Oq Received By ~ ~' Received By 2nd Time: Date SUBMITTED BY CITY ATTORNEY TO CITY ADMINISTRATOR FOR PLACEMENT ON AGENDA Date Received By EXHmIT 2 PROJECT Number: Development Code Amendment No. 08-04 Applicant: City-Initiated Description: A proposal to amend Section 19.06.025(I)(B) of the Development Code to provide for exceptions to the prohibition of single-price overstock/discount stores in commercial land use districts in the City of San Bernardino. The proposed amendment would permit single-price overstock/discount stores exceeding 15,000 sqaure feet in floor area, and would provide for additional exceptions subject to approval of a Conditional Use Permit by the Mayor and Common Council, with a recommendation from the Planning Commission. ACTION: RECOMMENDED APPROVAL Meeting Date: November 18, 2008 The Planning Commission recommended approval of Development Code Amendment No. 08-04 to the Mayor and Common Council, based on the Findings of Fact contained in the Staff Report, and subject to additional criteria to be recommended by the City Attorney. VOTE Ayes: Nays: Abstain: Absent: Durr, Longville, Mulvihill, Rawls and Sauerbrun Coute, Heasley, Munoz None Hawkins This item will be scheduled before the Mayor and Common Council for final action. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. //VJJ Terri Rahhal, Deputy Director/City Planner //-)l~oJ Date cc: Case File, Department File PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: Development Code Amendment No. 08-04 4 November 18,2008 City-wide APPLICANT: Development Services Department 300 North D Street San Bernardino, CA 92418 (909) 384-5057 REQUESTILOCATION: A proposal to amend Section 19.06.025(1)(B) of the Development Code to provide for exceptions to the prohibition of single-price overstock/discount stores in commercial land use districts in the City of San Bernardino. The proposed amendment would permit single-price overstock/discount stores exceeding 15,000 square feet in floor area, and would provide for exceptions to be subject to approval of a Conditional Use Permit by the Mayor and Common Council, with a recommendation from the Planning Commission. CONSTRAlNTS/OVERLA YS: Not Applicable ENVIRONMENTAL FINDINGS: ~ Not Subject to CEQA o Exempt, Section o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Plan STAFF RECOMMENDATION: ~ Recommend Mayor and Council Approval o Conditions o Denial o Continuance to: DCA No. 08-04 Hearing Date 11/18/2008 Page 2 PROJECT DESCRIPTION The proposed Development Code Amendment would modifY the following excerpted section of the Development Code that prohibits establishment or relocation of single-price overstock/discount stores in commercial land use districts in the City of San Bernardino. The text proposed to be added is shown in underline text below, and the full text of Section 19.06.025 is attached as Attachment A 19.06.025 PROHIBITED USES I. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy or Zoning Verification Review (also referred to as "Zoning Consistency Review") shall be issued or granted for 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: B. Single-price overstock/discount stores - 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 wares, housewares, fountain refreshments and toys. This category shall not apply to establishments proposed to OCCUpy buildings or tenant spaces exceeding 15.000 Square feet in floor area. Exceptions to permit single-price overstock/discount stores less than 15.000 square feet in area may be requested by application for a Conditional Use Permit. subiect to approval by the Mayor and Common Council. with a recommendation from the Planning Commission. SETTING/SITE CHARACTERISTICS The proposed Development Code Amendment, DCA No. 08-04, would apply in commercial land use districts, City-wide. CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) The proposed Development Code Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment. The amendment would reduce restrictions on a specific type of retail store in commercial land use districts. Without the proposed amendment, other retail uses would be permitted in the potential sites of single-price overstock/discount stores, resulting in similar physical impacts. Therefore, DCA No. 08-04 is not a project subject to CEQA, pursuant to Section 15061(b)(3) of the State CEQA Guidelines. DCA No. 08-04 Hearing Date 11/18/2008 Page 3 BACKGROUND The proposed amendment was considered and discussed in concept by the Legislative Review Committee (LRC) of the Common Council in July and August of 2008. On August 19, 2008, the LRC recommended that the Mayor and Council direct staff to initiate a Development Code Amendment to allow consideration of single-price overstock/discount stores subject to approval by the Mayor and Council. On September 2, 2008, the Mayor and Council directed staff to initiate a Development Code Amendment as recommended by the LRC. Additional background information is detailed in the attached staff reports to the LRC and the Mayor and Council (Attachment B). ANALYSIS The amendment proposed by DCA No. 08-04 would allow for site-specific review and discretion by the Mayor and Common Council to approve establishment of single-price overstock/discount stores that are otherwise prohibited by the Development Code. The prohibition of certain specified commercial uses, including single-price overstock/discount stores, beginning with an urgency interim land use ordinance in 2004, was enacted to avoid blight, code compliance problems and other land use issues associated with over-proliferation and over-concentration of the specified commercial uses. The initial moratorium, eventually adopted permanently as Section 19.06.025 of the Development Code, was intended to avoid nuisances, poor property maintenance and other negative impacts on commercial land use districts. The proposed amendment would grant authority to the Mayor and Council to make exceptions for individual proposals for single-price overstock/discount stores through site-specific analysis and review of a Conditional Use Permit, with recommendations from staff and the Planning Commission. This level of site-specific application review will provide for analysis of potential conflicts with surrounding land uses to ensure land use compatibility in a manner superior to the existing city- wide prohibition of the Development Code. FINDINGS 1. The proposed amendment is consistent with the General Plan. The proposed Development Code Amendment would provide more site-specific review authority and discretion of the Mayor and Common Council in the consideration of proposals to establish single-price overstock/discount stores in the City. This case-by- case review will ensure proper planning of such uses to maintain land use compatibility, in balance with public convenience and public safety, consistent with the following Goals and Policies of the General Plan: Goal 2.2: "Promote development that integrates with and mInImIzes impacts on surrounding land uses." Policy 2.2.1 0: "The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public." DCA No. 08-04 Hearing Date 11/18/2008 Page 4 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development." Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of development, land use flexibility and customized site development standards shall be achieved through various master planning devices, such as specific plans, planned development zoning and creative site planning." 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The proposed amendment would substitute site-specific project review and land use analysis by staff and the Planning Commission for the current prohibition of single-price overstock/discount stores in the City of San Bernardino. The site-specific review process, subject to approval by the Mayor and Council, would ensure compatibility in each case. Therefore, the proposed Development Code Amendment serves the public interest and would not be detrimental to public health, safety, convenience or general welfare. CONCLUSION The proposed Development Code Amendment is consistent with the General Plan and would serve the public interest, as supported by the Findings of Fact for approval. Site-specific evaluation of potential land use conflicts by the Mayor and Common Council will ensure approval of appropriate sites for single-price overstock/discount stores that will not be detrimental to the public health, safety or welfare, or the public convenience. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of Development Code Amendment No. 08-04 to the Mayor and Common Council, based on the Findings of Fact contained in this Staff Report. Respectfully Submitted, ~ C:fdfY Valerie C. Ross Director, Development Services '/ c:::e~ Terri Rahhal Deputy Director/City Planner Attachment A: Development Code Section 19.06.025 with proposed amendment Attachment B: September 2, 2008 Request for Council Action ATTACHMENT A COMMERCIAL DISTRICTS - 19.06 19.06.025 PROHIBITED USES MC 1233 10/2/06 I. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for 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: A. 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. B. Single-price overstock/discount stores - 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 wares, housewares, fountain refreshments, and toys. This category shall not applv to establishments propOsed to OCCUpy buildings or tenant exceeding 15,000 SQuare feet in floor area. Exceptions to permit single-price overstock/discount stores less than 15.000 SQuare feet in area mav be requested bv application for a Conditional Use Permit. subiect to approval bv the Mavor and Common Council. with a recommendation from the Planning Commission. C. 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. D. Second Hand StoresfThrift 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 equipment, including re-saIe shops, consignment shops, and similar businesses. This category shall not include the following: II-59 COMMERCIAL DISTRICTS - 19.06 1. 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. 2. 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. 3. Existing, legally established indoor concession malls and outdoor swap meets, unless otherwise prohibited. E. 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. 1. 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. 2. 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. F. Convenience Stores (if located within a one mile radius or 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). G. 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. H. 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 11-60 COMMERCIAL DISTRICTS - 19.06 1. 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. J. Self-service Laundry - Any commercial establishment providing the use of self- service washing machines and dryers to the public, usually coin-operated. K. Recycling Center - Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public. 1. Party Supply Stores - Establishments that either exclusively or as a substantial portion of their floor area, sell or rent party supplies and equipment. 2. Section 19.06.025(1) shall not apply to any of the enumerated uses if established in a shopping center or mall containing over 200,000 square feet of floor area and that have at least one major commercial-anchor-tenant. 3. Section 19.06.025(1) shall not apply to any of the enumerated uses if that use is exclusively established in single independent building exceeding 25,000 square feet in size 11-61 ATTACHMENT B CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION -- From: Valerie C. Ross. Director Subject: Initiation ofa Development Code Amendment related to Single-Price OverstockIDiscount Stores. Dept: Development Services Date: August 20. 2008 MCC Date: September 2. 2008 S~'nopsis of Previous Council Action: August 19. 2008. The Legislative Review Committee recommended that the Development Code be revised. October 16. 2006. The Mayor and Common Council adopted MC-1236. an ordinance that permanently prohibited certain designated businesses. October 4. 2004. The Mayor and Common Council adopted Ordinance No. MC-1188. an urgency ordinance that established a moratorium on certain designated businesses. Recommended Motion: ....-- That Planning staff be directed to initiate an amendment to the Development Code to modify the provisions to allow consideration of single-price overstock/discount stores. ~ (), KI#- Valerie C. Ross Contact person: Valerie C. Ross Phone: 5203 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: $5,000 Source: (Acc!. No.) 001-190-5121 Acct. Description: Finance: Council Notes: '--. Agenda Item No. ~ ~"2...oe _ CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTIO,,", STAFF REPORT Subject: Initiation of a Development Code Amendment related to Single-Price Overstock/Discount Stores. Background: The Mayor and Common Council adopted Ordinance No. MC-I 188 on October 4, 2004. This was an urgency ordinance that established a moratorium on certain designated businesses. On , October 16.2006. the Mayor and Common Council adopted MC-1236. an ordinance that permanently prohibited the establishment of certain new businesses in the City. Recently. concerns were raised by some of the council members that the City may wish to re-consider the permanent prohibitions established through MC-1236. At their meeting of June 17, 2008, the Legislative Review Committee discussed the prohibited uses and asked staff to prepare recommendations to consider allowing certain prohibited uses in certain situations and/or at certain locations. Staff prepared options for consideration, which were discussed by the Committee at their meeting of July 22, 2008. Staff returned to the Legislative Review Committee on August 5. 2008 with specific recommendations related to single-price overstock/discount stores. At their meeting of August 19, 2008, the Committee referred those '_ recommendations to the Mayor and Common Council with a recommendation that staff prepare an amendment to the Development Code. Please refer to the memorandums to the Legislative Review Committee for additional information. Financial Impact: Stall' estimates that it will cost approximately $5,000 to process the amendment to the Development Code. This includes advertising and mailing costs, not staff time. Recommendation: That the Mayor and Common Council direct Planning staff to prepare an amendment to the Development Code to modify the provisions to allow consideration of single-price overstock/discount ston::s. Attachments: Memorandum dated July 17.2008 to Legislative Review Committee Memorandum dated August I, 2008 to Legislative Review Committee - 2 . ~ . .' - CITY OF SAN BERNARDINO Development Servicel Dep.rtment Interoffice Memonlndum TO: Legislative Review Committee FROM: Valerie C. Ross, Director SUBJECT: Moratorium on Certain Designated Businesses DATE: July 17, 2008 COPIES: Fred Wilson, City Manager; Terri RahhaI, Deputy Director/City Planner '- On October 4, 2004 the Mayor and Common Council adopted Ordinance No. MC-1188, an urgency ordinance that established a moratorium on certain designated businesses. On October 16, 2006, the Mayor and Common Council adopted MC-i236, an ordinance that permanently prohibited the establishment of certain new businesses in the City. Both the urgency ordinance and the permanent ordinance contained findings that there was an overproliferation of certain commercial uses ad that those uses contributed to certain adverse effects including increased crime, loitering, litter and illegal dumping, illegal signage, improperly maintained landscaping, and depreciation of property values. On June 17, 2008 the Legislative Review Committee discussed the possibility of modifying MC- 1236 to allow some of the prohibited uses in certain situations and/or at certain locations. Single- price overstock/discount stores, tattoo parlors and body piercing studios, convenieiice stores, and tire shops were specifically mentioned. Staff was directed to identify options for consideration by the Committee. Minimum sauare footal!e reaulrement. Section 19.06.025(A)(9) does not allow tire shops that are less than 5,000 square feet. This provision has not precluded reputable firms from opening new stores. Section 19.06.025(8) allows the specified businesses if they are located in a shopping center or mall of 200,000 square feet or greater. This bas not precluded the establishment of new businesses at places such as Inland Center Mall or the Mount V croon Swap Mcet Section 19.06.025(C) allows the specified businesses if they are located in a stand along building of 25,000 square feet or greater. No new specified businesses have been established under this provision. A smaller square footage requirement could be established. - Locational criteria. Section 19.06.025(6) contains a provision that convenience stores cannot be located within a one-mile radius of another convenience store. This precludes the 7/11 from - I , '- LRC Specified Businesses July 17, 2008 Page 2 of2 proceeding with a convenience store on E. Highland A venue. A smaller radius could be established. , Conditional Use Permits. With the exception of convenience stores, none of the other specified uses required a CUP prior to adoption of the urgency ordinance. The Mayor and Common Council could allow some or all of the specified uses to be considered through the CUP process. The Mayor and Common Council could consider site specific existing conditions and surrounding land use patterns for each application, and make fmdings about the potential impacts on blight, crime, code enforcement issues etc. which were the basis for the moratorium in the first place. The CUP application fee and process will discourage the "fly-by-night" applicants. Strate2ic Policv Areas. The Land Use Element of the General Plan includes Strategic Policy Areas with policies to help create, preserve, revitalize, and enhances these selected areas. The Mayor and Common Council could allow some or all of the prohibited uses in all or certain Strategic Policy Areas. If these areas do not work, the Mayor and Common Council could establish new areas through an overlay. Staff looks forward to discussing these options with the Legislative Review Committee. -.- - CITY OF SAN BERNARDINO _. De..elopment Services Department Interoffice Memorandum TO: Legislati\'e Review Committee 'fU2- FROM: Valerie C. Ross, Director SUBJECT: Moratorium on Certain Designated Businesses DATE: August I, 2008 COPIES: Fred Wilson, City Manager; Terri Rahhal, Deputy Director/City Planner At the July 22, 2008 Legislative Review Committee meeting, the Committee discussed the options provided by staff and requested that staff return with more specific recommendations related to the single-price overstock/discount stores and convenience stores. Attached is Section 19.06.025 of the Development Code that includes the prohibited uses. Subsections 4 and 5 contain proposed language related to single-price/overstock/discount stores. ,~ Staff will return to the next meeting with recommendations related to convenience stores. --- ') 19.06.025 PROHIBITED USES MC 1233 10/2/06 '-- 1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino Municipal Code, including the Development Code, no Conditional Use Pemlit, Development Pennit, Building pennit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for 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: A. Smoke Shops - Establishments that either exclusively or as a substantial ponion (+50%) of their floor area, sell cigarettes, cigars, pipes. bongs, tobacco, and related paraphernalia. B. 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 wares, housewares, fountain refteshmenlS, and toys. c. Tattoo Parlors and/or Body Piercing Studios - Establishments that engage in any method of placing pennanent designs, letters, scrolls, figures, symbols, or any other marks upon or lDlder the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or plDlcture 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. - D. Second Hand StoreslThrift Stores - Establishments that sell used merchandise such as clothing and shoes, household fumirure, home fumishings and appliances, books and magazines, office furniture, used musical instruments, used phonographs and records, used fixtures and equipment, including rc-sale shops, consignment shops, and similar businesses. This category shall not include the following: I. Stores ovmed or operated by existing entities recognized as non-profit by the Secretary of State of the Stale of California, and in "good status" WIth the same. 2. 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. ~- 3. Existing, legally established indoor concession malls and outdoor swap meets, unless otherwise prohibited. "- - E, Check-Cashing. Cash Advance, and Loan Facilities - Establishments that engag~. In whole or in pan, in the business of cashing checks, waIT"dI1ts, drafts, money orders. or other commercial paper serving the same purpose, such facilities do not include a state or federally chanered bank, savings and loan association, credit union. or industrial loan company. I. 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 el seq.. sometimes referred to as "payday advance," "cash advance," or "payday loan" services. 2. This category shal] not include any ancillary check-cashing facility that is located entirely within a major retailer over 15,000 square feet in size, F. Convenience Stores (if located within a one mile radius or 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 feel. This category shall not include any convenience store located on the same parcel with a service station (gasoline station). G. Pawn Shops - Businesses that Joan 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 shal] not include any legally established pawnshop in an unreinforced masonry building to be relocated to another building within 50 feet of the current location. '- H, Automotive Stereo Shops - Establishments that either exclusively or as a substantial portion (+50010) 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. I. 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. J. Self-service Laundry - Any commercial establishment providing the use of self- service washing machines and dryers to the public, usually coin-operated. K, Recycling Center - Small collection facilities which occupy an area of less than 500 square feet, and which accept by donation, redemption or purchase, recyclable materials from the public. L Party Supply Stores - Establishments that either exclusively or as a substantial portion of their floor area, sell or rent party supplies and equipment. '- -- , Section 19.06.025(]) shall not apply to any of the enumerated uses if established in a shopping center or mall containing over 200,000 square feel of floor area and that haw at least one major eommerciaJ-anchor-tenant. 3. Section 19.06.025(1) shall not apply to any of the enumerated uses if that use is exclusively established in single independent building exceeding 25,000 square feet in size. 4. Section 19.06.025())(BI .hall not aooly if that use is exclusively established in a sinll.le buildinll. or tenant SDaee exceedinll. 15.000 souare feet in size. 5. Section 19.06.025(1 )(B) shall not aoolv if the Mayor and Common CouncilaDDTOve a lesser souare footall.e. throulI.h a Conditional Use Permit. The Mayor and Common Council will consider factors such as vacant buildinlZs in the immediate area. surroundinll. land use Dattems. substaDtial imorovementsluolZf3(\es to the buildinlZ or center. and notential imoacts on blilZbt. crime. code enforcement issues. etc. in addition to the findings outlined in Section 19.36.050 of this Develooment Code. - -