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HomeMy WebLinkAbout28-Development Services , OR: .~.. - " '1\ I L. CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Initiation of an amendment to ~ 19.06.025(H) of the Development Code, Prohibited Uses related to Automotive Stereo Shops. Dept: Development Services Date: April 8, 2009 MCC Date: April 20, 2009 Synopsis of Previous Council Action: 04/07/09 The Legislative Review Committed recommended a modification to 919.06.025(H) of the Development Code, Prohibited Uses related to automotive stereo shops. Recommended Motion: That the Mayor and Common Council direct Planning staff to initiate an amendment to Section 19.06.025 (H) of the Development Code related to automotive stereo shops. ~(), f,w-- Valerie C. Ross 5357 Contact Person: Valerie Ross Phone: Supporting data attached: Staff Report Ward(s): Citywide FUNDING REQUIREMENTS: Amount: -$1,000 Source: (Acc!. No.) 001-190-5121 Acct, Description: None Finance: Council Notes: Agenda Item No. ~e 4.28,,0' CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION ST AFF REPORT Subject: Initiation of an amendment to Section I 9.06.025(H) of the Development Code, Prohibited Uses related to automotive stereo shops. Background: The Legislative Review Committee (LRC) has had several meetings to discuss modifications to the Prohibited Uses section of the Development Code related to single-price overstock/discount stores and convenience stores. At their meeting of March 3, 2009, a request was made to also consider a modification for automotive stereo shops. A local business owner has an automotive stereo shop in a multi-tenant center that he has outgrown. His current business occupies about 2,000 square feet and he wishes to expand to 3,000 square feet. He also wishes to relocate to a center that he believes would be more beneficial to his business. The Development Code prohibits the establishment of new automotive stereo shops or relocation of existing businesses. The LRC concurred with this request and stated that the intent of the ordinance was not to penalize legitimate businesses and business owners. In addition to this business owner, the LRC felt there were likely a few others with similar circumstances. Staff provided proposed language as shown in Attachment I. At their meeting of April 7, 2009, the LRC recommended that the Mayor and Common Council direct staff to initiate an amendment to the Development Code to modify the prohibited uses section related to automotive stereo shops. Staff is still providing input to the LRC related to single-price overstock/discount stores and convenience stores. Recommendations related to those areas will be brought forward at a later date. Financial Impact: An amendment to the Development Code typically exceeds $1,000, which includes staff time and advertising costs. However, much of the work involved has been accomplished through the LRC review process. For an amendment such as this, a liS-page display ad would be used. The cost of the display ad is approximately $400. The local business owner referenced above is aware of the City's budgetary issues and has offered to pay for a portion of the cost of the display ad. Recommendation: That the Mayor and Common Council direct Planning staff to initiate an amendment to Section 19.06.025 (H) of the Development Code related to automotive stereo shops. Attachments: Development Code Section 19.06.025 2 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 Pcrmit, Development Pernlit. Building Permit, Certificate of Occupancy, or Zoning Verification Review (also referred to as "Zoning Consistency Review"), shall be issued or grantcd 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 relatcd paraphernalia. B. Single-price overstock/discount store - Establishments that sell a broad range 01' 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 rangcs including, but not limited to, food stuffs, alcoholic beveragcs. apparel and accessories, costume jewelry, notions and wares, housewarcs, fountain refreshments, and toys. C. Tattoo Parlors and/or Body Piercing Studios.. Establishments that engage in any method of placing permanent designs, letters, scrolls, ligures. symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instrurnents 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 instrurnents, used phonographs and records, used fixtures and equipment, including re-sale shops, consignment shops, and similar businesses. This category shall not include the following: 1. Stores owned or operated by existing entities recognized as non-profit by the Secretary of State of the State of Cali fornia, and in "good status" with the same. COMMERCIAL DISTRICTS - 19.06 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 Cali fornia 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 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 less than 3,000 square feet 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. I. Tire Stores - Establishments less than 5,000 square fcct in size which sell new and/or used automobile tires and accessories. This category shall not include legally established service stations and auto repair facilitics. J. Self-service Laundry - Any commercial establishment providing the use of self- service washing machines and dryers to the public, usually coin-operated. COMMERCIAL DISTRICTS - 19.06 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.