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HomeMy WebLinkAbout06.A- Community Development 6.A ORDINANCE (ID # 4609) DOC ID: 4609 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Zoning/Land Use From: Mark Persico M/CC Meeting Date: 09/19/2016 Prepared by: Oliver Mujica, Dept: Community Development Ward(s): All Subject: Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-06 Amending Chapter 19.06 (Commercial Zones) Section 19.06.030(2)(Q) (Development Stand ards)(Specific Standards for Commercial Zones) (Recycling Facilities for Reusable Domestic Containers) of the Development Code (Title 19) of the San Bernardino Municipal Code to Establish Development Standards and an Approval Process for Unattended Collection Boxes or Similar Structures in Non-Residential Zoning Districts. (FIRST READING) (#4609) Current Business Registration Certificate: Financial Impact: There will be no fiscal impact as a result of this action. Mayor to Open the Public Hearing. . . Motion: 1) Close the Public Hearing; and 2) Lay over Ordinance for final adoption. Synopsis of Previous Council Action: None Background: Pursuant to the requirements of Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Community Development Department has prepared a City-initiated Ordinance, under Development Code Amendment 16-06, to establish development standards and an approval process for Unattended Collection Boxes or similar structures within non-residential zoning districts. On July 20, 2016, the Planning Commission adopted Resolution No. 2016-043 (please see Attachment 2) forwarding a recommendation that the Mayor and Common Council: 1) Adopt the Categorical Exemption; and 2) Approve Development Code Amendment 16-06. Analysis: Current Situation For the past seven years, cities and counties across the United States have dealt with the proliferation of the sparsely regulated industry of "Unattended Collection Boxes" Updated: 9/13/2016 by Georgeann "Gigi" Hanna I Packet Pg. 269 6.A 4609 (UCB). As a result of little or no regulations, numerous southern California cities have been plagued by the non-regulated, private property placement of these UCB by individuals and organizations that have placed the boxes without city permits and permission from property owners. With the increase in the number of unregulated UCB, cities have observed a huge increase of resident complaints regarding the maintenance of the UCB and the dumping of furniture, clothing, metal, and other junk items at the UCB sites. The City of San Bernardino is not immune from the problem of unregulated UCB. Since 2013, the City's Code Enforcement Officers have observed a significant increase of unregulated UCB operating without City permits. In most of these cases, each UCB is unregulated, placed without City permits and placed on private property without owner consent. They are rapidly becoming a dumping ground for junk and unwanted items. Compounding the matter is the fact that the City does not currently have regulations for UCB. "Planet Aid" History and Scope of U.S. Problem The largest operator of UCB across the United States has been a company named "Planet Aid." With the expansion of approximately 20,000 UCB that they currently operate across the United States, there has been great controversy and numerous accusations that the organization runs a "kindness into cash" scheme. Lawsuits Against Cities Various cities and watchdog groups have recently scolded the organization that has received donations from these unpermitted UCB. In addition, a USA newspaper article estimated that only 29 percent of donations are used for charity, while the rest of the income is used to fund salaries and marketing efforts. In response to these issues, various cities imposed bans on UCB, including the City of St. Johns, Michigan. In 2013, St. Johns was sued by Planet Aid for its ban on "donation boxes" in federal court. In a surprising victory, Plant Aid won at the Sixth Circuit Court of Appeals that the St. Johns ban on donation boxes was in violation of the 1 st Amendment because the boxes themselves were a form of protected speech. Fueled by the court victory, Planet Aid has sued cities in California regarding bans on donation boxes. Proposed Ordinance Regulating Unattended Donation Boxes Based on the court decisions in the Planet Aid case in Michigan and other cases in California, this ordinance is proposed so as to protect the City's valid interests in preventing public nuisances, preventing private property infringement, and promoting community aesthetics, while complying with the 1St Amendment. Unlike the St. Johns ordinance, the proposed ordinance for the City of San Bernardino is not a complete ban on UCB within the City, but instead, merely regulates the placement, maintenance, and physical characteristics of UCB. Secondly, the proposed ordinance does not distinguish between the various operators of UCB based on whether they are operated by charitable organizations or for-profit businesses, and thus, is viewpoint neutral. The proposed ordinance promotes a substantial government interest because it Updated: 9/13/2016 by Georgeann "Gigi" Hanna Packet Pg. 270 6.A 4609 addresses the particularized secondary effects of UCB, as described in the "Current Situation" section above, by allowing for the safe and effective placement and regulation of UCB. The proposed ordinance includes additional language giving the City the ability to take effective enforcement actions against nuisance UCB. The proposed ordinance provides a quick recourse and response to UCB that are deemed a nuisance within the City of San Bernardino. Basic standards such as maintenance pick up, placement of structures permit requirements, related fees and information is included in the proposed ordinance. More specifically, "Unattended Collection Boxes" are required to have specific information about the owner, and property operator of the UCB posted in clear view. The development standards by the proposed UCB ordinance are, as follows: • UCB shall not be more than 82 inches high, 60 inches wide, and 50 inches deep. • UCB shall contain an opening with a tamper-restraint locking mechanism. • UCB shall be secured in such a manner that the contents may not be accessed by anyone other than those responsible for the retrieval of the boxes contents. Items left next to or outside of the UCB shall be considered a nuisance. Such nuisance may be the abated by the City at the expense of the permittee/operator. • Permittee/operator shall address all UCB maintenance issues within twenty- four (24) hours of notice from the City, including but not limited to graffiti, vandalism, and structurally - damaged boxes. Perm ittee/operator shall inspect the UCB a minimum of once per week to empty the contents of the UCB and address any existing maintenance issues. • Permittee/operator shall be responsible for disposing undesirable material or unwanted items in accordance with Municipal and State laws. • UCB shall not be permitted on any unimproved parcel or where the principal use of land has been closed or unoccupied for more than 30 consecutive days. • The location of the UCB shall not disrupt or impact any line-of-sight for pedestrians, bicyclists, or operators of motor vehicles. • It shall be unlawful to locate any UCB less than 1,000 feet from the property line where another UCB is permitted. • Only one UCB shall be allowed per each City-approved parcel. • UCB shall provide a minimum 100-foot setback from parcel line with properties 1 that are residentially zoned or have existing residential uses. The permitting regulations by the proposed UCB ordinance are, as follows: 1 • It shall be unlawful and hereby declared a public nuisance for any person to place, operate, maintain or allow UCB on real property unless the property owner first obtains a permit. • All applications shall be filed with the Community Development Department. • Within 60 days of receiving a completed application, the Community Development Department shall either issue a permit or deny the issuance of a permit. • UCB that existed prior to the enactment of the ordinance shall be subject to the Updated: 9/13/2016 by Georgeann "Gigi" Hanna I Packet Pg. 271 s.a 4609 same regulations herein. • The Community Development Department shall not issue a permit unless the applicant has submitted a complete and accurate application accompanied by the applicable fee. The term of the permit and renewal of permits by the proposed UCB ordinance are, as follows: • The permit year shall begin on January 1 each year and shall terminate on December 31 of the same calendar year. An annual permit issued between December 1 and December 31 of any year shall expire on December 31 of the following calendar year. • The permit shall be renewed annually. The application for renewal must be filed no later than 30 days before permit expires. • Permittee may apply for permit renewal by submitting a renewal application and a non-refundable annual renewal fee to the Community Development Department before the expiration of a current permit. The annual renewal fee shall be in the amount set by resolution of the Mayor and Common Council. • The Community Development Department shall either approve or deny the renewal of a permit within 60 days of receipt of the complete renewal application and payment of the renewal fee. • Prior to expiration of the permit, a permittee/operator may voluntarily cancel the permit by notifying the Community Development Department in writing of his or her intent to cancel the permit. The permit shall become void upon the Community Development Department's receipt of a written notice of intent to cancel the permit. • If a permit expires and is not timely renewed, the UCB must be removed from the property within 10 days of the expiration of the permit. The revocation of permit, removal of UCB and restitution of fees by the proposed UCB ordinance are, as follows: • The Director shall have the right to revoke any permit issued here under for cause. Failure to comply with the provisions of the ordinance or any other law shall constitute grounds for revocation of the permit. When the Director revokes a permit, the Director shall provide a written notification to the permittee/operator stating the specific grounds for revocation. • Upon revocation, the UCB shall be removed from the permittee's/operator's real Iproperty within 30 days. • Upon failure of a permittee/operator to remove the UCB within 30 days of permit revocation, the City may remove, store, and/or dispose of the UCB and its contents at the expense of the permittee/operator. • Upon revocation of a permit, a permittee/operator shall be prohibited from applying for a permit for a period of one calendar year. California Environmental Quality Act: In accordance with §15060 (Preliminary Review) of the California Environmental Quality Updated: 9/13/2016 by Georgeann "Gigi" Hanna I Packet Pg. 272 6.A 4609 Act (CEQA), the Planning Division conducted an environmental evaluation and concluded that Development Code Amendment 16-06 is found to be exempt under §15061(b)(3) (Review for Exemption) of CEQA. Pursuant to §15061(b)(3) (Review for Exemption) of CEQA, a project such as the proposed Development Code Amendment to establish development standards and an approval process for Unattended Collection Boxes or similar structures within non- residential zoning districts is exempt from CEQA when it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment. The Planning Division staff has analyzed proposed Development Code Amendment 16- 06 has determined that it is Categorically Exempt from CEQA pursuant to §15061(b)(3) of the CEQA Guidelines due to the fact that the proposed Ordinance will not create significant effects on the environment. Accordingly, pursuant to §15062 of CEQA, a Notice of Intent to Adopt a Categorical Exemption for Development Code Amendment 16-06 was published on July 8, 2016 for the CEQA-mandated ten (10) day public review and comment period. In accordance with §15061 of CEQA, on July 20, 2016, during a duly advertised public hearing, the Planning Commission considered the Categorical Exemption for the recommendation to the Mayor and Common Council for the adoption of the Categorical Exemption and approval of Development Code Amendment 16-06. Conclusion: On July 20, 2016, the Planning Commission determined that the proposed Ordinance is consistent with the City of San Bernardino General Plan and Development Code, and that the amendment satisfies all Findings of Fact required for approval of Development Code Amendment 16-06. City Attorney Review: This staff report and supporting documentation has been reviewed by the Deputy City Attorney, and accepted as to form. Supporting Documents: Attachment 1: Ordinance Attachment 2: Planning Commission Resolution No. 2016-043 Attachment 3: Planning Commission Minutes, dated July 20, 2016 Attachment 4: Legal Ad City Attorney Review: Supporting Documents: Attachment 1 - Ordinance (DOC) Attachment 2 - Planning Commission Resolution 2016-043 (PDF) Attachment 3 - Planning Commission Minutes, dated July 20, 2016 (PDF) Attachment 4 - Legal Ad (PDF) I Updated: 9/13/2016 by Georgeann "Gigi" Hanna Packet Pg.273 6.A.a 1 ORDINANCE NO. 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-06 3 AMENDING CHAPTER 19.06 (COMMERCIAL ZONES) AND SECTION 4 19.06.030(2)(Q) (DEVELOPMENT STANDARDS)(SPECIFIC STANDARDS FOR COMMERCIAL ZONES)(RECYCLING FACILITIES FOR REUSABLE DOMESTIC 5 CONTAINERS) OF THE DEVELOPMENT CODE (TITLE 19) OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT 6 STANDARDS AND AN APPROVAL PROCESS FOR UNATTENDED COLLECTION BOXES OR SIMILAR STRUCTURES IN NON-RESIDENTIAL ZONING 7 DISTRICTS. x 0 8 m WHEREAS, the current City of San Bernardino Development Code was initially o implemented in 1991; and 10 WHEREAS, numerous "Unattended Collection Boxes" have been placed on 11 properties throughout the City of San Bernardino without permits; and 12 WHEREAS, the City of San Bernardino Development Code does not address 13 regulations for"Unattended Collection Boxes;" and �+ o 14 WHEREAS, "Unattended Collection Box" means any unattended container, 15 receptacle, or similar device that is located at or on the exterior property areas of any premises c 16 or lot within the City for the purpose of soliciting and collecting clothing or other salvageable a 17 personal property, excluding recyclable materials such as glass, paper, plastics, or aluminum; o and 18 WHEREAS, the City has received numerous complaints reporting "Unattended s 19 Collection Boxes" placed on private property without the knowledge or consent of the 20 property owner; and 21 WHEREAS, City staff has encountered difficulty ascertaining information about the E 22 identity and business structure of the operators of the existing "Unattended Collection Boxes;" Q 23 and 24 WHEREAS, "Unattended Collection Boxes" often become nuisances and safety 25 hazards by attracting graffiti, trash, toxic materials, and rodents when they are not properly 26 maintained and routinely emptied; and i WHEREAS, the implementation of a permitting system that regulates "Unattended 27 Collection Boxes" will address the aforementioned blight and safety hazard concerns; and 28 1 FPacket Pg.274 6.A.a 1 WHEREAS, the Mayor and Common Council shall establish a nonrefundable permit 2 application fee; and WHEREAS, the proposed Ordinance regulates the "Unattended Collection Boxes;" 3 and 4 WHEREAS, on July 20, 2016, the Planning Commission of the City of San 5 Bernardino held a noticed public hearing to consider public testimony and the staff report, and 6 adopted Resolution No. 2016-043 recommending adoption of the Categorical Exemption and 7 the approval of Development Code Amendment 16-06 to the Mayor and Common Council; X 8 and m° y 9 WHEREAS, notice of the public hearing for the Mayor and Common Council's o U consideration of the proposed Ordinance was published in The Sun newspaper on September T 10 0 9, 2016. 11 � a� NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE 12 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 13 14 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 15 are true and hereby adopt and incorporate them herein. c 16 SECTION 2. Findings of Fact—Development Code Amendment 16-06. 0 17 r 18 Finding No. 1: The proposed amendment is consistent with the General Plan. 19 Finding of Fact: For the past (7) seven years various cities and counties across the v 20 a United States have dealt with the proliferation of the sparsely regulated 21 E industry of"Unattended Collection Boxes" (UCB). As a result of little cc 22 a 23 or no regulations, numerous Southern California cities have been 24 plagued by the non-regulated, private property placement of these UCB 25 by individuals and organizations that have placed the boxes without city 26 permits and owner permission from property owners. With the 27 advancement of the unregulated UCB, various cities across the United 28 2 Packet Pg.275 6.A.a 1 States have observed a huge increase of resident complaints regarding 2 the maintenance of the UCB and the dumping of furniture, clothing, 3 metal, and other junk items at the sites. The City of San Bernardino is 4 not immune from the problem of unregulated UCB. Since 2013, the 5 City's Code Enforcement Officers have observed a marked increase in 6 7 regard to unregulated UCB operating without City permits and x 8 restraint. In most of these cases, each UCB area is unregulated, placed m° 9 without City permits and placed on private property without owner 10 consent. They are rapidly becoming a dumping ground for junk and U 11 unwanted items. As of March 2016, it has been estimated that over 54 12 unpermitted and unregulated UCB have been illegally placed and are 13 14 operating throughout the City of San Bernardino. The new ordinance by 15 this proposed amendment provides a quick recourse and response to 16 UCB that are deemed a nuisance within the City of San Bernardino. a 0 17 Basic standards such as maintenance pick up, placement of structures 18 permit requirements, related fees and information is included in the 19 proposed ordinance. More specifically, UCB are required to have Q 20 _ 21 specific information about the owner, and property operator of the UCB E 22 posted in clear view. Therefore, the proposed ordinance is consistent a 23 with the City's General Plan. 24 Finding No. 2: The proposed amendment would not be detrimental to the public 25 26 interest, health, safety, convenience, or welfare of the City. 27 Finding of Fact: The proposed amendment will not be detrimental to the public interest, 28 health, safety, convenience, or welfare of the City in that the 3 FPacket Pg.276 6.Aa 1 implementation of UCB regulations through the proposed ordinance 2 will advance the public interest, health, safety, convenience, and 3 welfare of the City by enacting constitutional regulations on UCB 4 within the City. This new ordinance will permit the safe and effective 5 method for placement and regulating these UCB. 6 7 SECTION 3. Compliance with the California Environmental Quality X 8 The Mayor and Common Council has independently reviewed, analyzed and exercised m° U! C 9 judgment in finding that Development Code Amendment 16-06 is exempt under §15061(b)(3) U 10 (Review for Exemption) of the California Environmental Quality Act (CEQA), as it can be 11 seen with certainty that there is no possibility that the activity will have a significant effect on 12 the environment. _ 13 14 SECTION 4. — Section 19.06.030(2)(Q) (Specific Standards for Commercial Zones — Q 15 Recycling Facilities for Reusable Domestic Containers) shall be amended, as follows: 16 Q. Recycling Facilities for Reusable Domestic Containers and Unattended L Collection Boxes. 0 17 ' 18 SECTION 5.— Section 19.06.030(2)(Q)(1) (Specific Standards for Commercial Zones E 19 — Recycling Facilities for Reusable Domestic Containers) shall be amended by the following U 20 addition: L u i. Unattended Collection Boxes. The purpose of this section is to enact and 21 enforce standards for "Unattended Collection Boxes" located within the City U 22 limits. Nothing in this chapter shall preempt or make inapplicable any 23 provision in state or federal law. 24 1. "Director" means the Director of the City of San Bernardino 25 Community Development Department or his/her designee. 26 2. "Operator" means any person or entity who maintains "Unattended 27 Collection Boxes" to solicit salvageable personal property as defined 28 herein. 4 Packet Pg.277 6.A.a 1 3. "Permittee" means a property owner who is issued a permit authorizing 2 the placement of an Unattended Collection Box on his/her property. 4. "Property Owner" means the person who owns the real property where 3 the "Unattended Collection Box" is located or is proposed to be 4 located. 5 5. "Residential District" means zones designated as RE, RL, RS, RU, RM, 6 MH or RH by the City of San Bernardino Planning Department. 7 6. "Commercial District" means zones designated CO, CG-1, CG-2, CG- x 8 3, CR, CR-2, CR-3, CR-4, or CH by the City of San Bernardino m° 9 Planning Department. o 7. "Unattended Collection Box" means any unattended container, W 10 Z receptacle, product lockers or similar device that is located on any lot or 11 property within the City for the purpose of soliciting and collecting 12 clothing or other salvageable personal property. This term does not 13 refer to recycle bins for the collection of recyclable material governed 0 14 or regulated by the zoning code, or any unattended collection box 15 located within a building. 16 SECTION 6.— Section 19.06.030(2)(Q)(2) (Specific Standards for Commercial Zones S L — Recycling Facilities for Reusable Domestic Containers) shall be amended by the following 17 ' r addition: _ 18 e. Unattended Collection Box Standards. _ 19 1. Physical Standards. Q 20 i. Unattended Collection Boxes shall not be more than eighty- two d 21 (82) inches high, sixty (60) inches wide, and fifty (50) inches = U 22 deep. Q 23 ii. Unattended Collection Boxes shall be fabricated from durable 24 metal and waterproof materials. 25 iii. Unattended Collection Boxes shall not be electrically or 26 hydraulically powered or mechanized. 27 28 I 5 FPacket Pg.278 6.A.a' 1 iv. Unattended Collection Boxes shall not become a fixture of the 2 site and shall not be considered an improvement to real property. 3 V. Unattended Collection Boxes shall require one dedicated 4 parking spot for item drop-off and content retrieval. 5 vi. Unattended Collection Boxes shall contain an opening with a 6 tamper-restraint locking mechanism. Unattended Collection 7 Boxes shall be secured in such a manner that the contents may X 8 not be accessed by anyone other than those responsible for the m° 9 retrieval of the boxes contents. o vii. Each Unattended Collection Box shall be maintained in good 10 O condition and appearance, and free of structural damage, holes, 11 rust, graffiti, and chipping/peeling paint. 12 viii. Unattended Collection Boxes shall not overflow at any time. 13 ix. Items left next to or outside of the Unattended Collection Box 0 14 shall be considered a nuisance. Such nuisance may be the abated 15 by the City at the Permittee's expense pursuant to San c 16 Bernardino Municipal Code 8.30. X. Permittee or Operator shall address all Unattended Collection O 17 ' r Box maintenance issues within twenty- four (24) hours of notice = 18 from the City, including but not limited to graffiti, vandalism, s 19 and structurally- damaged boxes. Q 20 xi. The Permittee or Operator shall inspect the Unattended d 21 Collection Box a minimum of once per week to empty the 22 contents of the Unattended Collection Box and address any Q 23 existing maintenance issues. 24 xii. Operator and Permittee shall be responsible for disposing 25 undesirable material or unwanted items in accordance with 26 Municipal and State laws. 27 28 6 FPacket Pg.279 6.A.a 1 xiii. The name, address, telephone number, email address and web 2 address of the Operator shall be displayed on the front of each Unattended Collection Box in two-inch type face letters. 3 xiv. Each Unattended Collection Box shall display its weekly pick 4 up schedule. Pickup must be at least once a week as stated in 5 this chapter. 6 xv. No other signage or advertisements shall be allowed on box. 7 xvi. Each Unattended Collection Box shall display the City of San X 8 Bernardino Business Permit number. c° 9 2. Locational Standards. v o i. Unattended Collection Boxes shall not be located in, encroach 2 10 0 onto, or obstruct any of the following: 11 a) Access to any parking 12 b) Pedestrian pathways or alternate pathways provided in D 13 accordance with the Americans with Disabilities Act 14 c) Emergency access or fire lanes 15 d) Marked drive aisles or on-site vehicular and pedestrian 16 traffic circulation 17 e) Landscaped areas O Ii f) Trash enclosures or access to trash enclosures = 18 g) Setback areas required by law, including, but not 19 limited to, front setback areas and street setbacks Q 20 h) Building exits a� 21 ii. Unattended Collection Boxes shall not be permitted on any 22 unimproved parcel or where the principal use of land has been a 23 closed or unoccupied for more than thirty(30) consecutive days. 24 iii. Unattended Collection Boxes shall be placed on a surface that is 25 paved, level, and free of dust. 26 iv. The location of the Unattended Collection Box shall not disrupt or impact any line-of-sight for pedestrians, bicyclists, or 27 operators of motor vehicles. 28 7 Packet Pg. 280 6.A.a 1 V. It shall be unlawful to locate any Unattended Collection Box 2 less than 1,000 feet from the property line where another Unattended Collection Box is permitted. 3 vi. Only one (1) Unattended Collection Box shall be allowed per 4 each City-approved parcel. 5 vii. Unattended Collection Boxes shall provide a minimum 100 foot 6 setback from parcel line with properties that are residentially 7 zoned or have existing residential uses. 0 8 3. Permits. m 9 i. It shall be unlawful and hereby declared a public nuisance for o any person to place, operate, maintain or allow Unattended 10 Collection Boxes on real property unless the property owner d 11 first obtains a permit pursuant to this chapter. 12 ii. The permit application shall be made on a form provided by the 13 Director or his/her designee and shall include all of the CD 0 14 following information: 15 a) The name, physical address, email address, and c to 16 telephone number of both the property owner and E I17 operator. Operator shall also provide its organization's , website address where applicable. _ 18 b) The text of the disclosures that will be made on the E 19 Unattended Collection Box as required by this Chapter. Q 20 c) The physical address of the property where the proposed m 21 Unattended Collection Box will be located, a drawing 22 indicating the size of the Unattended Collection Box, Q 23 and the proposed location of the Unattended Collection 24 Box on said property. 25 iii. Each application shall be accompanied by a nonrefundable fee 26 in the amount to be established by resolution of the Mayor and Common Council. This fee shall be in addition to any fee or tax 27 28 8 FPacket Pg. 281 6.A.a 1 imposed by the City pursuant to any other provision of this Code. 2 iv. All applications shall be filed with the Community 3 Development Department. 4 V. Within sixty (60) days of receiving a completed application, the 5 Community Development Department shall either issue a permit 6 or deny the issuance of a permit. 7 vi. Unattended Collection Boxes that existed prior to the enactment X 8 of this chapter shall be subject to the same regulations herein. m° 9 vii. The Community Development Department shall not issue a o U permit unless the applicant has submitted a complete and 10 accurate application accompanied by the applicable fee. a� 11 viii. When the Director denies an application, the Director shall 12 provide a written statement to the Property Owner indicating the 13 reasons for denial. 0 14 4. Term of Permit, Renewal of Permits. 15 i. The permit year shall begin on January 1 each year and shall 16 terminate on December 31 of the same calendar year. An annual E permit issued between December 1 and December 31 of any 17 ' year shall expire on December 31 of the following calendar 18 year. 19 ii. The permit shall be renewed annually. The application for Q 20 renewal must be filed no later than thirty (30) days before a� 21 permit expires. 22 iii. Permittee may apply for permit renewal by submitting a renewal Q 23 application and a non-refundable annual renewal fee to the 24 Director before the expiration of a current permit. The annual 25 renewal fee shall be in the amount set by resolution of the 26 Mayor and Common Council. 27 28 9 FPacket Pg.282 6'.A.a 1 iv. The Director shall either approve or deny the renewal of a 2 permit within sixty (60) days of receipt of the complete renewal application and payment of the renewal fee. 3 V. Prior to expiration of the permit, a Permittee may voluntarily 4 cancel the permit by notifying the Director in writing of his or 5 her intent to cancel the permit. The permit shall become void 6 upon the Director's receipt of a written notice of intent to cancel 7 the Permit. a� X 8 vi. If a permit expires and is not timely renewed, the Unattended m° 9 Collection Box must be removed from the property within ten o U (10) days of the expiration of the permit. 10 0 5. Revocation of Permit, Removal of Unpermitted Collection Boxes, 11 Restitution of Fees. c 12 w i. The Director shall have the right to revoke any permit issued = 13 here under for cause. Failure to comply with the provisions of 0 14 this chapter or any other law shall constitute grounds for 15 revocation of the permit. When the Director revokes a permit, 16 the Director shall provide a written notification to the Permittee S L 17 stating the specific grounds for revocation. 0 18 ii. Upon revocation, the Unattended Collection Box shall be removed from the Permittee's real property within thirty (30) E 19 days. Q 20 iii. Upon failure of a Permittee to remove the Unattended 21 Collection Box within thirty (30) days of permit revocation, the 22 City may remove, store, and/or dispose of the Unattended Q 23 Collection Box and its contents at the expense of the Permittee. 24 iv. Upon revocation of a permit, a Permittee shall be prohibited 25 from applying for a permit for a period of one calendar year. 26 6. Permits Nontransferable. i. Permits under this chapter are nontransferable. A Permittee shall 27 not transfer, assign or convey such permit to another person. 28 10 Packet Pg.283 6.A.a 1 Any purported transfer, assignment, or conveyance of a permit 2 issued under this chapter shall be considered null and void. 7. Appeals. 3 i. When the Director denies a permit application or revokes an 4 existing permit, the property owner may appeal the Director's 5 determination to the Planning Commission within ten (10) days 6 of the Director's decision. Appeals of the Director's 7 determination must be made in writing with the Office of the X 8 City Clerk. m° 9 8. Liability. o i. An Operator shall maintain a general liability insurance policy 0 10 C of a minimum of one million dollars ($1,000,000.00) for the 11 duration of the operation of an Unattended Collection Box at 12 each site, to cover any claims or losses due to the placement, 13 operation, or maintenance of the Unattended Collection Box. 0 14 Operator's failure to maintain the required insurance coverage to 15 shall be grounds for revocation of the permit. 16 9. Violation and Penalty. 17 i. Any person who violates, causes, or allows another person to violate any provision of this ordinance is guilty of either an 18 infraction or misdemeanor. Any person convicted of an E 19 infraction or misdemeanor under the provision of this ordinance a 20 shall be punished by a fine, imprisonment, or both, according to a� 21 Chapter 1.12 of the City of San Bernardino Municipal Code. 22 ii. In addition to any other penalties provided in this section, up to Q 23 $1,000.00 in Administrative Civil Penalties may be imposed for 24 each and every day during any portion of which any violation of 25 any provision of these regulations is committed, continued, 26 permitted, or caused by such violator. 27 iii. Nothing in this Chapter shall preclude the City from pursuing the remedies made applicable hereto elsewhere in this 28 11 Packet Pg.284 6.A.a 1 Municipal Code or under State law, including but not limited to, 2 as applicable, revocation of permits and injunctive relief. iv. Pursuant to Government Code section 38773, all unpaid 3 expenses incurred by the City in connection with an action to 4 abate a public nuisance shall be a lien against the property on 5 which it is maintained and a personal obligation against the 6 property owner. 7 10. Severability. X 8 i. The provisions of this Chapter are severable, and, if any m° 9 sentence, section or other part of this Chapter should be found o to be invalid, such invalidity shall not affect the remaining 2 10 6 provisions, and the remaining provisions shall continue in full 11 force and effect. c 12 SECTION 7. - Notice of Exemption: The Planning Division of the Community 13 Development Department is hereby directed to file a Notice of Exemption with the County ar to 14 Clerk of the County of San Bernardino certifying the City's compliance with California 15 Environmental Quality Act in adopting the Categorical Exemption. 16 SECTION 8. 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 17 ' unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 18 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any = 19 part thereof. The Mayor and Common Council hereby declares that it would have adopted a 20 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, m 21 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 22 23 24 25 26 27 28 12 Packet Pg.285 6.A.a 1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING DEVELOPMENT CODE AMENDMENT 16-06 2 AMENDING CHAPTER 19.06 (COMMERCIAL ZONES) SECTION 19.06.030(2)(Q) (DEVELOPMENT STANDARDS)(SPECIFIC STANDARDS FOR COMMERCIAL 3 ZONES)(RECYCLING FACILITIES FOR REUSABLE DOMESTIC CONTAINERS) 4 OF THE DEVELOPMENT CODE (TITLE 19) OF THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT STANDARDS AND AN 5 APPROVAL PROCESS FOR UNATTENDED COLLECTION BOXES OR SIMILAR STRUCTURES IN NON-RESIDENTIAL ZONING DISTRICTS. 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor x and Common Council of the City of San Bernardino at a regular meeting thereof, held on the m° 8 day of , 2016, by the following vote to wit: o 9 10 Council Members: AYES NAYS ABSTAIN ABSENT c°v 11 MARQUEZ 12 BARRIOS VALDIVIA 13 SHORETT o, o 14 NICKEL 15 RICHARD c 16 MULVIHILL 0 17 18 Georgeann Hanna, City Clerk E 19 The foregoing Ordinance is hereby adopted this day of , 2016. Q 20 21 E 22 R. CAREY DAVIS, Mayor 23 Approved as to form: City of San Bernardino 24 Gary D. Saenz, City Attorney 25 26 By: 27 28 13 `Packet;Pg.286 6.A.b RESOLUTION NO. 2016-043-PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA RECOMMENDING TO THE MAYOR AND COMMON COUNCIL THE ADOPTION OF A CATEGORICAL EXEMPTION AND APPROVAL OF DEVELOPMENT CODE AMENDMENT 16-06 TO AMEND CHAPTER 19.06 (COMMERCIAL ZONES) AND SECTION 19.06.030(2)(Q) (DEVELOPMENT STANDARDS) c (SPECIFIC STANDARDS FOR COMMERCIAL ZONES)(RECYCLING m FACILITIES FOR REUSABLE DOMESTIC CONTAINERS) OF THE (n DEVELOPMENT CODE (TITLE 19) OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH DEVELOPMENT STANDARDS AND AN APPROVAL PROCESS FOR UNATTENDED ci COLLECTION BOXES OR SIMILAR STRUCTURES IN NON- a) RESIDENTIAL ZONING DISTRICTS. WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San Bernardino Development Code, the Community Development Department has prepared a City- initiated ordinance to establish development standards and an approval process for Unattended Collection Boxes or similar structures within non-residential zoning districts; and 0 WHEREAS, Development Code Amendment 16-06 has been prepared to amend Chapter 19.06 (Commercial Zones) and §19.06.030(2)(Q) (Development Standards)(Specific Standards N for Commercial Zones)(Recycling Facilities for Reusable Domestic Containers) of the City of o San Bernardino Development Code; and 0 IWHEREAS, the Planning Division of the Community Development Department has prepared Development Code Amendment 16-06 in consistency with the City of San Bernardino 0 General Plan and compliance with the City of San Bernardino Development Code; and y E WHEREAS, pursuant to requirements of §15060(c) of the California Environmental 0 0 Quality Act, the Planning Division of the Community Development Department evaluated U rn Development Code Amendment 16-06; and = 'c WHEREAS, on July 8, 2016, pursuant to the requirements of§19.52.020 of the City of a San Bernardino Development Code, the City gave public notice by advertising in the San N Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, of the holding of a public hearing at which the Environmental Determination and Development Code s Amendment 16-06 would be considered; and w Q WHEREAS, on July 20, 2016, pursuant to the requirements of§19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public E hearing at which interested persons had an opportunity to testify in support of, or opposition to the Environmental Determination and Development Code Amendment 16-06, and at which meeting the Planning Commission considered the Environmental Determination and Q Development Code Amendment 16-06; and 1 Packet Pg. 287 WHEREAS, pursuant to the requirements of Chapter 19.42 of the City of San Bernardino Development Code, the Planning Commission has the authority to take action on the Environmental Determination and Development Code Amendment 16-06. NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows: N SECTION 1. ENVIRONMENTAL DETERMINATION: o m In accordance with §15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Development Code Amendment 16-06 and concluded that Development Code Amendment 16-06 is found to be exempt under §15061(b)(3) (Review for Exemption) of CEQA. 0 Pursuant to §15061(b)(3) (Review for Exemption) of CEQA, a project such as the proposed Development Code Amendment to establish development standards and an approval process for Unattended Collection Boxes or similar structures within non-residential zoning districts is exempt from CEQA when it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment. The Planning Division staff has analyzed proposed Development Code Amendment 16-06 and has determined that it is Categorically Exempt from CEQA pursuant to §15061(b)(3) of the CEQA Guidelines due to the fact that the proposed ordinance will not create significant effects on the environment. o Accordingly, pursuant to §15062 of CEQA, a Notice of Intent to Adopt a Categorical Exemption for Development Code Amendment 16-06 was published on July 8, 2016 for the CEQA- N mandated ten (10) day public review and comment period. In accordance with §15061 of o CEQA, on July 20, 2016, during a duly advertised public hearing, the Planning Commission considered the Categorical Exemption for the recommendation to the Mayor and Common 0 Council for the adoption of the Categorical Exemption and approval of Development Code Amendment 16-06. o to SECTION 2. RECOMMENDATIONS FOR DEVELOPMENT CODE E AMENDMENT 16-06: o U Pursuant to §19.42.030 of the City of San Bernardino Development Code, the Planning Commission forwards the Ordinance to establish development standards and an approval process for Unattended Collection Boxes or similar structures within non-residential zoning districts a (EXHIBIT"A") for approval by the Mayor and Common Council: N SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 16-02: E U l6 Section 19.42.050 of the City of San Bernardino Development Code requires that Development Code Amendment applications meet certain findings prior to the approval by the Mayor and Common Council. Accordingly, the following findings are provided in support of the E recommendation by the Planning Commission for the approval of Development Code Amendment 16-06: Q Finding No. 1: The proposed amendment is consistent with the General Plan. 2 Packet Pg. 288 Finding of Fact: For the past seven (7) years various cities and counties across the United States have dealt with the proliferation of the sparsely regulated industry of "Unattended Collection Boxes" (UCB). As a result of little or no regulations, numerous southern California cities have been plagued by the non-regulated, private property placement of these UCB by individuals and organizations that have placed the UCB without city permits and owner permission from property owners. With the advancement of the N unregulated UCB, various cities across the United States have observed a c huge increase of resident complaints regarding the maintenance of the m UCB and the dumping of furniture, clothing, metal, and other junk items c at the sites. The City of San Bernardino is not immune from the problem of unregulated UCB. Since 2013, the City's Code Enforcement Officers have observed a marked increase in regard to unregulated UCB operating v without City permits and restraint. In most of these cases, each UCB area is unregulated, placed without City permits and placed on private property without owner consent. They are rapidly becoming a dumping ground for junk and unwanted items. As of March 2016, it has been estimated that over 54 unpermitted and unregulated UCB have been illegally placed and are operating throughout the City of San Bernardino. The new ordinance to by this proposed amendment provides a quick recourse and response to y UCB that are deemed a nuisance within the City of San Bernardino. Basic o standards such as maintenance pick up, placement of structures permit requirements, related fees and information is included in the proposed N ordinance. More specifically, UCB are required to have specific o information about the owner, and property operator of the UCB posted in clear view. Therefore, the proposed ordinance is consistent with the City's 0 General Plan. c 0 Finding No. 2: The proposed amendment would not be detrimental to the public interest, N health, safety, convenience, or welfare of the City. E E 0 i Finding of Fact: The proposed amendment will not be detrimental to the public interest, L) i health, safety, convenience, or welfare of the City in that the implementation of UCB regulations through the proposed ordinance will advance the public interest, health, safety, convenience, and welfare of the a City by enacting constitutional regulations on UCB within the City. This N new ordinance will permit the safe and effective method for placement and regulating these UCB. _ U fG Q w C d E L U f4 Q 3 Packet Pg. 289 6.A.b SECTION 4. PLANNING COMMISSION ACTION: The Planning Commission hereby takes the following action: 1. Adoption of Planning Commission Resolution No. 2016-043 forwarding a recommendation that the Mayor and Common Council: a. Adopt of the Categorical Exemption for Development Code Amendment 16-06, in o accordance with §15061(b)(3) of the California Environmental Quality Act, and m direct the Community Development Director to prepare and file with the Clerk of the o County of San Bernardino a Notice of Exemption as provided under Public Resources Code §21152(b) and CEQA Guidelines §15062; and 0 U b. Approve Development Code Amendment 16-06 based on the Findings of Fact. -a PASSED,APPROVED AND ADOPTED this 20th day of July 2016. a� 0 W M d' O t0 N Larry Heasley, Chairman o San Bernardino Planning Commission 0 f!J ATTEST: I = 0 E 0 U 'c Mark Persico,Planning Commission Secretary City of San Bernardino, California a N _ N E U fC a.+ I r _ d E U R Q E,. 4 Packet Pg. 290 6.A.b CERTIFICATION: I, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution, No. 2016-043, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 201h day of July 2016, by the following vote, to wit: AYES: x 0 m NOES: 0 ABSENT: 0 U ABSTAIN: _ D Stephanie Sanchez, Recording Secretary a; City of San Bernardino, California M 0 0 N _ 0 0 a� _ 0 U) E E 0 U _ _ a N C N E U t4 Q w _ d E V f4 Q 5 Packet Pg. 291 6.A.b to N X O CD C O V O O EXHIBIT "A" Draft "UCB" Ordinance D O �r M d' O O r O N C O O N d C O N_ E E O U rn .E- E V Q 6 Packet Pg. 292 £6Z '6d 483PEd 5. DEVELOPMENT CODE AMENDMENT 16-06 - A request to amend Chapter 19.06 (Commercial Zones) §19.06.030(2)(Q) (Development Standards — Specific D Standards for Commercial Zones — Recycling Facilities for Reusable Domestic Containers) of the City of San Bernardino Development Code to establish development standards and an approval process for Unattended Donation Boxes, ro Unattended Collection Boxes or similar structures within non-residential zoning rt districts. D rt Address: City Wide 3 Zone: All Environmental Determination: Exempt from CEQA — §15061(b)(3) (Preliminary w Review) of the California Environmental Quality Act. Applicant: City Hall 3 APN: N/A 0 Ward: All 0 3 Recommended Motion: Staff recommended that the Planning Commission adopt 0 Resolution No. 2016-043 forwarding a recommendation to the Mayor and Common 0 Council the adoption of the Categorical Exemption and approval of Development g Code Amendment 16-06, based on the Findings of Fact. c Oliver Mujica,Planning Division Manager, gave a brief presentation of the project. Commissioners had questions regarding the project. CL Commissioner Eble made a motion to adopt Resolution No. 2016-043 forwarding a P recommendation to the Mayor and Common Council the adoption of the Categorical Exemption o and approval of Development Code Amendment 16-06, based on the Findings of Fact. rn Commissioner Paxton seconded the motion. rn 0 The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Eble, Paxton, and Jones.Nays: None. Abstain: None. Excused: None. Absent: Durr and Earp. rt ro a ro 2. rt 0 U) 00 0 X ro N Page 6 of 9 07/20/2016 6.A.d NOTICE OF PUBLIC HEARING Notice is hereby given that the City of San Bernardino Mayor and Common Council will hold a public hearing on Monday, September 19, 2016 at 4:00 p.m. in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California 92418, on the following items: DEVELOPMENT CODE AMENDMENT 16-06 - Amendment to Chapter 19.06 (Commercial Zones) and §19.06.030(2)(Q) (Development Standards — Specific Standards for Commercial Zones — Recycling Facilities for Reusable Domestic Containers) of the City of San Bernardino Development Code to establish development standards and an approval process for Unattended Collection Boxes or similar structures within non-residential zoning districts. Environmental Determination: Categorically Exempt, pursuant to §15061(b)(3) (Review for Exemption)of the California Environmental Quality Act y Applicant: Community Development Department—Planning Division K 0 m The Mayor and Common Council of the City of San Bernardino welcome your participation in evaluating these items. The Mayor and Common Council will review the proposals and will consider the proposed c environmental determinations in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the c Community Development Department at City Hall,or by phone at(909) 384-5057. U a� If you challenge the resultant action of the Mayor and Common Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. M rn 0 cc Submitted: September 7,2016 Publish: September 10,2016 (Display ad) a as as J d' C d E s V a-N; Q i. d E U t6 Q A ■ ■ Packet Pg. 294