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HomeMy WebLinkAboutMC-1430 Adopted: November 10, 2016 Effective:December 10, 2016 1 ORDINANCE NO. MC-1430 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 7 BOXES OR SIMILAR STRUCTURES IN NON-RESIDENTIAL ZONING DISTRICTS. 8 9 WHEREAS, the current City of San Bernardino Development Code was initially 10 implemented in 1991; and 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 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 16 or lot within the City for the purpose of soliciting and collecting clothing or other salvageable 17 personal property, excluding recyclable materials such as glass, paper, plastics, or aluminum; and 18 WHEREAS, the City has received numerous complaints reporting "Unattended 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 22 identity and business structure of the operators of the existing "Unattended Collection Boxes;" 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 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 I 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; 8 and 9 WHEREAS, notice of the public hearing for the Mayor and Common Council's 10 consideration of the proposed Ordinance was published in The Sun newspaper on September 9, 2016. 11 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. 16 SECTION 2. Findings of Fact—Development Code Amendment 16-06. 17 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 20 United States have dealt with the proliferation of the sparsely regulated 21 22 industry of"Unattended Collection Boxes" (UCB). As a result of little 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 28 advancement of the unregulated UCB, various cities across the United 2 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 8 restraint. In most of these cases, each UCB area is unregulated, placed 9 without City permits and placed on private property without owner 10 consent. They are rapidly becoming a dumping ground for junk and 11 unwanted items. As of March 2016, it has been estimated that over 54 12 13 unpermitted and unregulated UCB have been illegally placed and are 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. 17 Basic standards such as maintenance pick up, placement of structures 18 permit requirements, related fees and information is included in the 19 20 proposed ordinance. More specifically, UCB are required to have 21 specific information about the owner, and property operator of the UCB 22 posted in clear view. Therefore, the proposed ordinance is consistent 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 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 8 The Mayor and Common Council has independently reviewed, analyzed and exercised 9 judgment in finding that Development Code Amendment 16-06 is exempt under §15061(b)(3) 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 — 15 Recycling Facilities for Reusable Domestic Containers) shall be amended, as follows: 16 Q. Recycling Facilities for Reusable Domestic Containers and Unattended 17 Collection Boxes. 18 SECTION 5. — Section 19.06.030(2)(Q)(1) (Specific Standards for Commercial Zones 19 — Recycling Facilities for Reusable Domestic Containers) shall be amended by the following 20 addition: 21 i. Unattended Collection Boxes. The purpose of this section is to enact and enforce standards for "Unattended Collection Boxes" located within the City 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 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- 8 3, CR, CR-2, CR-3, CR-4, or CH by the City of San Bernardino 9 Planning Department. 10 7. "Unattended Collection Box" means any unattended container, 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 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 17 — Recycling Facilities for Reusable Domestic Containers) shall be amended by the following addition: 18 e. Unattended Collection Box Standards. 19 1. Physical Standards. 20 i. Unattended Collection Boxes shall not be more than eighty- two 21 (82) inches high, sixty (60) inches wide, and fifty (50) inches 22 deep. 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 5 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 8 not be accessed by anyone other than those responsible for the 9 retrieval of the boxes contents. 10 vii. Each Unattended Collection Box shall be maintained in good 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 14 shall be considered a nuisance. Such nuisance may be the abated 15 by the City at the Permittee's expense pursuant to San 16 Bernardino Municipal Code 8.30. 17 X. Permittee or Operator shall address all Unattended Collection 18 Box maintenance issues within twenty- four (24) hours of notice from the City, including but not limited to graffiti, vandalism, 19 and structurally - damaged boxes. 20 xi. The Permittee or Operator shall inspect the Unattended 21 Collection Box a minimum of once per week to empty the 22 contents of the Unattended Collection Box and address any 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 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 8 Bernardino Business Permit number and a weatherproof copy of 9 the permit granted pursuant to this chapter. 10 xvii. Each Unattended Collection Box shall display the phone number of a City hotline provided by the Director in legible 11 type with each number at least two inches in height. 12 2. Locational Standards. 13 i. Unattended Collection Boxes shall not be located in, encroach 14 onto, or obstruct any of the following: 15 a) Access to any parking 16 b) Pedestrian pathways or alternate pathways provided in 17 accordance with the Americans with Disabilities Act 18 c) Emergency access or fire lanes 19 d) Marked drive aisles or on-site vehicular and pedestrian traffic circulation 20 e) Landscaped areas 21 f) Trash enclosures or access to trash enclosures 22 g) Setback areas required by law, including, but not 23 limited to, front setback areas and street setbacks 24 h) Building exits 25 ii. Unattended Collection Boxes shall not be permitted on any 26 unimproved parcel or where the principal use of land has been 27 closed or unoccupied for more than thirty (30) consecutive days. 28 7 1 iii. Unattended Collection Boxes shall be placed on a surface that is 2 paved, level, and free of dust. iv. The location of the Unattended Collection Box shall not disrupt 3 or impact any line-of-sight for pedestrians, bicyclists, or 4 operators of motor vehicles. 5 V. It shall be unlawful to locate any Unattended Collection Box 6 less than 1,000 feet from the property line where another 7 Unattended Collection Box is permitted. 8 vi. Only one (1) Unattended Collection Box shall be allowed per 9 each City-approved parcel. 10 vii. Unattended Collection Boxes shall provide a minimum 100 foot setback from parcel line with properties that are residentially 11 zoned or have existing residential uses. 12 3. Permits. 13 i. It shall be unlawful and hereby declared a public nuisance for 14 any person to place, operate, maintain or allow Unattended 15 Collection Boxes on real property unless the property owner 16 first obtains a permit pursuant to this chapter. 17 ii. The permit application shall be made on a form provided by the 18 Director or his/her designee and shall include all of the following information: 19 a) The name, physical address, email address, and 20 telephone number of both the property owner and 21 operator. Operator shall also provide its organization's 22 website address where applicable. 23 b) The text of the disclosures that will be made on the 24 Unattended Collection Box as required by this Chapter. 25 c) The physical address of the property where the proposed 26 Unattended Collection Box will be located, a drawing 27 indicating the size of the Unattended Collection Box, 28 8 1 and the proposed location of the Unattended Collection 2 Box on said property. iii. Each application shall be accompanied by a nonrefundable fee 3 in the amount to be established by resolution of the Mayor and 4 Common Council. This fee shall be in addition to any fee or tax 5 imposed by the City pursuant to any other provision of this 6 Code. 7 iv. All applications shall be filed with the Community 8 Development Department. 9 V. Within sixty (60) days of receiving a completed application, the 10 Community Development Department shall either issue a permit or deny the issuance of a permit. 11 vi. Unattended Collection Boxes that existed prior to the enactment 12 of this chapter shall be subject to the same regulations herein. 13 vii. The Community Development Department shall not issue a 14 permit unless the applicant has submitted a complete and 15 accurate application accompanied by the applicable fee. 16 viii. When the Director denies an application, the Director shall 17 provide a written statement to the Property Owner indicating the 18 reasons for denial. 4. Term of Permit, Renewal of Permits. 19 i. The permit year shall begin on January 1 each year and shall 20 terminate on December 31 of the same calendar year. An annual 21 permit issued between December 1 and December 31 of any 22 year shall expire on December 31 of the following calendar 23 year. 24 ii. The permit shall be renewed annually. The application for 25 renewal must be filed no later than thirty (30) days before 26 permit expires. 27 iii. Permittee may apply for permit renewal by submitting a renewal application and a non-refundable annual renewal fee to the 28 9 1 Director before the expiration of a current permit. The annual 2 renewal fee shall be in the amount set by resolution of the Mayor and Common Council. 3 iv. The Director shall either approve or deny the renewal of a 4 permit within sixty (60) days of receipt of the complete renewal 5 application and payment of the renewal fee. 6 V. Prior to expiration of the permit, a Permittee may voluntarily 7 cancel the permit by notifying the Director in writing of his or 8 her intent to cancel the permit. The permit shall become void 9 upon the Director's receipt of a written notice of intent to cancel the Permit. 10 vi. If a permit expires and is not timely renewed, the Unattended 11 Collection Box must be removed from the property within ten 12 (10) days of the expiration of the permit. 13 5. Revocation of Permit, Removal of Unpermitted Collection Boxes, 14 Restitution of Fees. 15 i. The Director shall have the right to revoke any permit issued 16 here under for cause. Failure to comply with the provisions of 17 this chapter or any other law shall constitute grounds for 18 revocation of the permit. When the Director revokes a permit, the Director shall provide a written notification to the Permittee 19 stating the specific grounds for revocation. 20 ii. Upon revocation, the Unattended Collection Box shall be 21 removed from the Permittee's real property within thirty (30) 22 days. 23 iii. Upon revocation of a permit, a Permittee shall be prohibited 24 from applying for a permit for a period of one calendar year. 25 6. Permits Nontransferable. 26 i. Permits under this chapter are nontransferable. A Permittee shall not transfer, assign or convey such permit to another person. 27 28 10 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 8 City Clerk. 9 8. Liability. 10 i. An Operator shall maintain a general liability insurance policy 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. 14 Operator's failure to maintain the required insurance coverage 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 18 violate any provision of this ordinance is guilty of either an infraction or misdemeanor. Any person convicted of an 19 infraction or misdemeanor under the provision of this ordinance 20 shall be punished by a fine, imprisonment, or both, according to 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 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 1 Municipal Code or under State law, including but not limited to, 2 as applicable, revocation of permits, injunctive relief and removal of the Unattended Collection Boxes pursuant to 3 Chapter 8.30 of the San Bernardino Municipal Code. 4 iv. Pursuant to Government Code section 38773, all unpaid 5 expenses incurred by the City in connection with an action to 6 abate a public nuisance shall be a lien against the property on 7 which it is maintained and a personal obligation against the 8 property owner. 9 10. Severability. 10 i. The provisions of this Chapter are severable, and, if any sentence, section or other part of this Chapter should be found 11 to be invalid, such invalidity shall not affect the remaining 12 provisions, and the remaining provisions shall continue in full 13 force and effect. 14 SECTION 7. - Notice of Exemption: The Planning Division of the Community 15 Development Department is hereby directed to file a Notice of Exemption with the County 16 Clerk of the County of San Bernardino certifying the City's compliance with California 17 Environmental Quality Act in adopting the Categorical Exemption. 18 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 19 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 20 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any 21 part thereof. The Mayor and Common Council hereby declares that it would have adopted 22 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 23 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 24 25 26 27 28 12 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 8 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 7th day of November, 2016, by the following vote to wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ x 12 BARRIOS x VALDIVIA x 13 SHORETT x 14 NICKEL x 15 RICHARD x MULVIHILL x 16 17 18 Georgea Hanna, C C, City Clerk 19 ' le The foregoing Ordinance is hereby adopted this day of November, 2016. 20 21 22 R. Carey D vis, Mayor 23 City of San Bernardino 24 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 28 By: Aqr 'Z-- 13