HomeMy WebLinkAboutMC-1367
Adopted: November 7. 2011
Effective: December 7. 2011
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ORDINANCE NO. MC-1367
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING SECTION 19.06.025 "PROIDBITED USES" OF THE
MUNICIPAL CODE (DEVELOPMENT CODE) TO PERMIT SINGLE-PRICE
OVERSTOCK/DISCOUNT STORES, SELF-SERVICE LAUNDRY FACILITIES AND PARTY
SUPPLY STORES MEETING MINIMUM FLOOR AREA STANDARDS IN COMMERCIAL
LAND USE DISTRICTS SUBJECT TO A CONDITIONAL USE PERMIT.
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WHEREAS, on October 2, 2006, the Mayor and Common Council adopted Ordinance No. MC-
1233, adding Section 19.06.025 "Prohibited Uses" to the Municipal Code (Development Code) to
prohibit various uses that were found to cause or contribute to adverse effects in commercial land use
districts, including crime, nuisance activities, illegal signage and poor property maintenance; and
WHEREAS, single-price overstock/discount stores, self-service laundry facilities and party
supply stores are among the uses prohibited with certain exceptions pursuant to Section 19.06.025; and
WHEREAS, there is a demand to establish single-price overstock/discount stores, self-service
laundry facilities and party supply stores in the city in locations where such uses are currently prohibited
by Section 19.06.025; and
WHEREAS, amendment of subsections 19.06.025(1)(B), 19.06.025(1)(J) and 19.06.025(1)(L) of
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the Development Code could provide for single-price overstock/discount stores, self-service laundry
facilities and party supply stores meeting certain floor area standards to be permitted subject to site-
specific review and findings for approval of a Conditional Use Permit, so that adverse impacts from the
subject land uses would be avoided; and
WHEREAS, on May 25, 2011 and on August 24, 2011, the Planning Commission of the City of
San Bernardino held noticed public hearings to consider public testimony and staff reports
recommending proposed amendments to the City Development Code to permit single-price
overstock/discount stores, self-service laundry facilities and party supply stores subject to approval of a
Conditional Use Permit, and recommended that the Mayor and Common Council adopt the amendments
as proposed; and
WHEREAS, on September 6, 2011, the Legislative Review Committee of the Common Council
reviewed the Planning Commission recommendation and recommended approval, with revisions to the
recommended floor area criteria; and
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MC-1367
WHEREAS, notice of the public hearing fO,r the Mayor and Common Council's consideration of
2 the proposed Ordinance was published in The Sun newspaper on September 23,2011;
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and
hereby adopts and incorporates them herein,
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SECTION 2. Findings of Fact.
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A. The Ordinance amending the Development Code is consistent with the General Plan of
the City of San Bernardino. The proposed Ordinance would provide for review and approval of single-
price overstock/discount stores, self-service laundry facilities, and party supply stores on a case-by-case
basis under the Conditional Use Permit review process, with conditions of approval that would ensure
compatibility with surrounding land uses, consistent with the following General Plan goals and policies:
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Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land
uses."
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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."
Policv 2.2.10: "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."
Policv 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."
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B. The proposed Ordinance amending the Development Code will not be detrimental to the
public interest, health, safety, convenience or welfare of the City. Site-specific review and consideration
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of Conditional Use Permit applications by the Planning Commission will ensure that approval of single-
price overstock/discount stores, self-service laundry facilities and party supply stores will not create
nuisance conditions or degrade the appearance of commercial districts where they may be located.
Therefore, the proposed Development Code amendment serves the public interest and would not be
detrimental to public health, safety, convenience or general welfare.
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SECTION3. San Bernardino Municipal Code (Development Code). Section 19.06.025
"Prohibited Uses" is hereby amended to read as shown on Exhibit A, attached hereto and incorporated
herein by reference.
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SECTION 4. Compliance with the California Environmental Ouality Act: The Mayor and
Common Council finds that the proposed Ordinance amending Section 19.06.020 of the Municipal Code
(Development Code) is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of the CEQA Guidelines, as an action that will not result in a direct or reasonably
foreseeable indirect physical change in the environment.
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SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase
in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that anyone or more
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
ineffective.
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HC-1367
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AMENDING SECTION 19.06.025 "PROHffiITED USES" OF THE
3 MUNICIPAL CODE (DEVELOPMENT CODE) TO PERMIT SINGLE-PRICE
4 OVERSTOCK/DISCOUNT STORES, SELF-SERVICE LAUNDRY FACILITIES AND PARTY
5 SUPPLY STORES MEETING MINIMUM FLOOR AREA STANDARDS IN COMMERCIAL
LAND USE DISTRICTS SUBJECT TO A CONDITIONAL USE PERMIT.
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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 7th day
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10 of November , 20 11, by the following vote to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ X
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JENKINS X
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15 X
BRINKER
16 SHORETT X
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KELLEY
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JOHNSON X
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20 MC CAMMACK X
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Ra~~CI~' ~
The foregoing Ordinance is hereby approved this ~~ day of November
,2011.
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26 Approved as to form:
27 JAMES F. PENMAN
28 City Attorney
or
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Declined to Sign
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MC-1367
EXlDBIT A
COMMERCIAL DISTRICTS - 19.06
19.06.025 PROHIBITED USES MC 1233 10/2/06
L 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.
R Single-price overstock discount stores - Establishments that sell a broad range of
outlet, close-out, discontinued, liquidation, or overstock merchandise,and
primarily at a single discount price 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 include single-price overstock
discount stores containing a minimum floor area of 9.000 square feet in size and
approved under a Conditional Use Permit.
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:
L 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.
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COMMERCIAL DISTRICTS - 19.06
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.
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.
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COMMERCIAL DISTRICTS - 19.06
J. Self-service Laundry - Any conunercial establishment providing the use of self-
service washing machines and dryers to the public, usually coin-operated. This
category shall not include self-service laundries approved under a Conditional
Use Permit to be established in a multi-tenant center of at least 20,000 square
feet.
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. This
category shall not include party supply stores of at least 2,500 square feet and
located in a multi-tenant center of at least 20,000 square feet, or party supply
stores established in a single-tenant building of at least 10,000 square feet of floor
area; and approved under a Conditional Use Permit.
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 conunercial-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
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