HomeMy WebLinkAboutMC-1405 Adopted: July 7, 2014
Effective: August 7, 2014
1 ORDINANCE NO. MC-1405
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
DEVELOPMENT CODE AMENDMENT 14-14, TO AMEND DEVELOPMENT CODE
3 CHAPTER 19.06 (COMMERCIAL DISTRICTS) SECTION 19.06.025 (1) (A) SMOKE
4 SHOPS, SECTION 19.06.025 (2) FOR SHOPPING CENTERS OVER 200,000 SQUARE
FEET OF FLOOR AREA, SUBJECT TO A CONDITIONAL USE, AND APPROVE
5 CONDITIONAL USE PERMIT 14-09 TO RELOCATE AN EXISTING CHECK
CASHING BUSINESS.
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WHEREAS, the current Development Code was initially implemented in 1991; and
8 WHEREAS, the current General Plan was initially implemented in 2005; and
9 WHEREAS, on May 21, 2013, the Planning Commission of the City of San
10 Bernardino held a noticed public hearing to consider public testimony and the staff report
11 recommending approval of Development Code Amendment 14-14 and Conditional Use
12 Permit 14-09 to relocate an existing check cashing business located at 721 West 2nd Street and
13 recommended approval of the proposed Development Code Amendment and Conditional Use
14 Permit 14-09 to the Mayor and Common Council; and
WHEREAS, notice of the public hearing for the Mayor and Common Council's
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consideration of the proposed Ordinance was published in The Sun newspaper on May 30,
16 2014.
17 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
18 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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20 SECTION 1. The Mayor and Common Council find that the above-stated Recitals
21 are true and hereby adopt and incorporate them herein.
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SECTION 2. Findings of Fact.
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24 1. The proposed Development Code Amendment would provide for site-specific review
25 of the prohibited uses on a case-by-case basis, subject to approval by the Planning
26 Commission. Additionally, the proposed DCA14-14 would clarify requirements to
27 encourage streamlining process within the City and would ensure that development of
certain sites with any of the prohibited use twelve categories would be consistent with the
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MC-1405
1 goals, objectives and policies of the General Plan. The proposed amendment maintains land
2 use compatibility, in balance with public convenience and public safety, consistent with the
3 following goals and policies of the General Plan:
4 Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding
5 land uses."
6 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic
7 infill of new development and revitalization of existing development."
8 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
9 various master planning devices, such as specific plans, planned development zoning and
10 creative site planning."
11 Goal 4.5: "Identify and attract new employment types/land uses that complement the
12 existing employment clusters and foster long-term economic growth".
13 2. Site-specific review of potential safety, zoning, health and land use conflicts by the
14 Planning Commission will ensure proper review of sites for any of the prohibited use twelve
15 categories. Therefore, the proposed Development Code Amendment serves the public
16 interest and would not be detrimental to public health, safety, convenience or general
17 welfare.
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19 SECTION 3. Compliance with the California Environmental Quality Act.
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The Mayor and Common Council finds that Development Code Amendment 14-14
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and Conditional Use Permit 14-09 will have no significant adverse effect on the environment
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and is exempt from the California Environmental Quality Act (CEQA) per Section 15301
23 for existing facilities.
24 SECTION 4. Development Code Amendment 14-14, attached hereto as Exhibit A
25 and incorporated herein by reference, is hereby approved.
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27 SECTION 5. Conditional Use Permit 14-09 is hereby approved.
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1 C-1405
1 SECTION 6. - Notice of Determination The Planning Division is hereby directed to
2 file a Notice of Determination with the County Clerk of the County of San Bernardino
3 certifying the City's compliance with California Environmental Quality Act in preparing the
4 Mitigated Negative Declaration.
5 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or
6 clause or phrase in this Ordinance or any part thereof is for any reason held to be
7 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
8 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or
9 any part thereof. The Mayor and Common Council hereby declares that it would have
10 adopted each section irrespective of the fact that any one or more subsections, subdivisions,
11 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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MC-1405
1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING
2 DEVELOPMENT CODE AMENDMENT 14-14, TO AMEND DEVELOPMENT CODE
CHAPTER 19.06 (COMMERCIAL DISTRICTS) SECTION 19.06.025 (1) (A) SMOKE
3 SHOPS, SECTION 19.06.025 (2) FOR SHOPPING CENTERS OVER 200,000 SQUARE
4 FEET OF FLOOR AREA, SUBJECT TO A CONDITIONAL USE, AND APPROVE
CONDITIONAL USE PERMIT 14-09 TO RELOCATE AN EXISTING CHECK
5 CASHING BUSINESS.
6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a joint regular meeting
8 thereof, held on the 7th day of July , 2014, by the following vote to wit:
9
10 Council Members: AYES NAYS ABSTAIN ABSENT
•
11 MARQUEZ X
BARRIOS
12 VALDIVIA
x
13 SHORETT
x
14 NICKEL
JOHNSON x
15 MULVIHILL
16
17
Georgea Hanna, City Clerk
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20 The foregoing Resolution is hereby approved this �` day of
21 July , 2014.
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23
Virginia ,arcjuez, Ma'or Pro Tern
24 Approved as to form: City of San ernardino
25 Gary D. Saenz, City Attorney
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27 By: __
28 di
MC-1405
Exhibit A
Development Code Amendment 14-14
Development Code Section 19.06.025—Prohibited Uses shall be modified to read:
19.06.025 PROHIBITED USES
(1)(A) Smoke Shops and Hookah Lounges - Establishments that either exclusively sell or have
more than ten percent (10%) . . . . .. •. .. I°. of their floor area dedicated to
the display,use, or sale of, sell cigarettes, cigars,pipes,bongs,tobacco, hookah, e-cigarettes,
and related paraphernalia.
(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 200,000 150,000 square feet of floor area and that
have at least one major commercial-anchor-tenant, and subject to approval of a Conditional
Use Pennit pursuant to Development Code Chapter 19.36.