HomeMy WebLinkAboutMC-972
Adopted: June 3. 1996
Effective: July 4. 1996
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ORDINANCE NO.
MC-972
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
MISCELLANEOUS SECTIONS OF CHAPTERS 19.02, 19.06, AND 19.70 OF THE
SAN BERNARDINO MUNICIPAL (DEVELOPMENT CODE) PERTAINING TO OUTDOOR
SALES AND DISPLAYS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.
section 19.02.050 Definitions, is amended to
change the title of the definition to Outdoor SaleslDisplays (see
Attachment "A-1", page 11-18, a copy of which is attached hereto
and incorporated herein by reference).
SECTION 2.
section 19.06.030(1) (B) (1) Commercial Land Use
District Standards is amended to include a provision for permanent
outdoor sales and display areas (see Attachment "A-2", page 11-80,
a copy of which is attached hereto and incorporated herein by
reference) .
SECTION 3.
section 19.06.030(2) (J) (4) Mini-Malls is amended
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to delete the reference to a Temporary Use Permit (see Attachment
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"A-31t,
a copy of which
is attached hereto and
page 11-101,
incorporated herein by reference) .
SECTION 4.
section 19.70.020 Permitted Uses is amended to
delete Subsection (2), revise Subsection (5), and delete Subsection
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(11)
pertaining to outdoor sales and displays,
business
registration certificates and city-sponsored uses and activities;
and sections 19.70.030, 19.70.040, 19.70.050, 19.70.060 and
19.70.070 are re-numbered and a new section 19.70.030 Exemptions is
added (see Attachment "A-4", pages IV-76, IV-77, and IV-78, copies
of which are attached hereto and incorporated herein by reference) .
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MC-972
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ORDINANCE. .AMENDING MISCELLANEOUS SECTIONS OF CHAPTERS
19.02, 19.06, AND 19.70 OF THE SAN BERNARDINO MUNICIPAL
(DEVELOPMENT CODE) PERTAINING TO OUTDOOR SALES AND DISPLAYS.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted
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regular
meeting thereof, held on the
3rd
day of
June
, 1996, by the following vote, to wit:
Council Members:
ABSTAIN
ABSENT
AYES
NAYS
NEGRETE
----X..-
9 CURLIN
10 ARIAS
11 OBERHELMAN
12 DEVLIN
13 ANDERSON
14 MILLER
----X..-
J[
x
---1L-
X
X
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n I'!} ~
vX ,-..A..-~ ~ IL.
~ City Clerk
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19 of
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The foregoing ordinance is hereby approved this
4th
day
June
, 1996.
--Z- J/U'
<7fi7-Yi ~1""-:1.
Tom Minor, Mayor
City of San Bernardino
Approved as to form
23 and legal content:
By:
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MC-972
ATTACHMENT "A-I"
BASIC PROVISIONS - 19.02
Manufactured Home. A factory built or manufactured home including mobile homes, as
permitted by State of California and Federal laws.
Median. A paved or planted area separating a street or highway into 2 or more lanes of
opposite direction of travel.
Mixed Use Develoument. The development of a parcel(s) or structure(s) with 2 or more
different land uses such as, but not limited to a combination of residential, office,
manufacturing, retail, public, or entertainment in a single or physically integrated group of
structures.
Mobile Home. Same as "Manufactured Home", but subject to the National Manufactured
Housing Construction and Safety Act of 1974.
M2Rl. Guest rooms or suites occupied on a transient basis, with most rooms gaining access
from an exterior walkway.
Net Site Area. The total area within the lot lines of a parcel of land after public street
easements or other areas to be dedicated or reserved for public use are deducted from such lot
or parcel.
Nonconfonninl! Structure. A structure which conformed to applicable laws when constructed
but does not conform to the provisions of this Development Code.
Nonconfonnine. Dlel!al. A structure, lot, or use which did not conform to applicable laws
when constructed or initiated, and does not conform to the provisions of this Development Code.
Nonconfonnine Lot. A lot, the area, frontage or dimensions of which do not conform to the
provisions of this Development Code.
Nonconfonnine Use. A use complying with applicable laws when established but does not
conform to the provisions of this Development Code.
Outdoor SaleslDisulavs. A Promotional sales event conducted by I or more businesses which
is held outside the confines of the commercial structure(s) in which such business is normally
conducted and which sale involves the outdoor display within a paved or concreted area on the
same lot as the structure(s) of merchandise which is normally displayed within the structure(s).
Sale events shall be conducted solely on private property and not encroach within public rights-
of-way.
Parcel. A parcel of land under one ownership that has been legally subdivided or combined and
is shown as a single parcel on the latest equalized assessment roll.
Parkwav. The area of a public street that lies between the curb and the adjacent property line
or physical boundary definition such as fences or walls, which is used for landscaping and/or
passive recreational purposes.
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MC-972
ATIACHMENf "A-2"
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COMMERCIAL DISTRICTS - 19.06
19.06.030 LAND USE DISTRICT DEVELOPMENf STANDARDS
1. GENERAL STANDARDS
A. The following standards are minimum unless stated as maximum: See Table
06.02.
B. COMMERCIAL LAND USE DISTRICT STANDARDS
The following standards shall apply to development in all commercial districts,
except as oiherwise provided for in ihis Development Code:
I. All indoor uses shall be conducted wiihin a completely enclosed structure.
Limited outside uses (e.g. patio dining areas and nursery sales limited to
plants and trees) or permanent outdoor sales and display areas, for major
tenants (15,000 sq.ft. or greater) shall be approved wiih a Development
Permit. Temporary outdoor sales and displays are permitted pursuant to
Chapter 5.22 of ihe Municipal Code.
2. There shall be no visible storage of motor vehicles (except display areas
for sale or rent of motor vehicles), trailers, airplanes, boats, recreational
vehicles, or iheir composite parts; loose rubbish, garbage, junk, or iheir
receptacles; tents; equipment; or building materials in any portion of a lot.
No storage shall occur on any vacant parcel. Building materials for use
on ihe same premises may be stored on ihe parcel during ihe time ihat a
valid building permit is in effect for construction.
3. Every parcel wiih a structure shall have a trash receptacle on ihe
premises. The trash receptacle shall comply wiih adopted Public Works
Department standards and be of sufficient size to accommodate ihe trash
generated. The receptacle(s) shall be screened from public view on at
least 3 sides by a solid wall 6 feet in height and on ihe fourih side by a
solid gate not less 1han 5 feet in height. The gate shall be maintained in
working order and shall remain closed except when in use. The wall and
gate shall be architecturally compatible wiih ihe surrounding structures.
4. All roof-mounted air conditioning or heating equipment, vents or ducts
shall not be visible from any abutting lot, or any public street or right-of-
way. This shall be accomplished ihrough ihe extension of ihe main
structure or roof or screened in a manner which is architecturally
integrated with ihe main structure(s).
5. Elevations of all structures shall be architecturally treated to ensure
compatibility with high quality neighboring structures.
6. An intensity bonus of up to 12 square feet for each 1 square foot of
permanent space for properly designed and administered day care facilities
may be approved by ihe review auihority.
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MC-972
COMMERCIAL DISTRICTS - 19.06
I. INDOOR RETAIL CONCESSION MALLS
ATTACHMENT "A-3"
Indoor retail concession malls are subject to a Conditional Use Permit and shall
comply with the following standards:
1. Additional refuse containers may be required.
2. A centralized loading area is required.
3. A parking study may be required which addresses available off-street
parking for establishments which are proposed for tenant suites within
existing multi-tenant, commercial centers.
4. Indoor retail concession malls shall be considered to be one tenant for
purposes of Development Code sign standards. MC 825 3/17/92.
J. MINI-MALLS
Mini-malls (small scale, up to 30,000 square feet, multi-tenant shopping centers)
are subject to a Conditional Use Permit and shall comply with the following
standards:
1. All development and operational standards outlined in Section
19.06.030(2)(F)(Convenience Stores), except for item Nos. 4 and 17 shall
apply.
2. The development shall provide internal continuity, uniformity, and
compatibility relating to architectural design, vehicular and pedestrian
access, and on-site provisions for landscaping, loading, parking, and
signage.
3. To the extent feasible, the on-site vehicular circulation system shall
provide continuity with adjacent and similar commercial developments.
4. No outdoor displays or sale of merchandise shall be permitted. However,
limited outdoor sales may be allowed pursuant to Chapter 5.22 of the
Municipal Code.
5. Every parcel with a structure shall have a trash receptacle on the
premises. The trash receptacle shall comply with adopted Public Works
Department standards and be of sufficient size to accommodate the trash
generated. The receptacle(s) shall be screened from public view on at
least 3 sides by a solid wall 6 feet in height and on the fourth side by a
solid gate not less than 5 feet in height. The gate shall be maintained in
working order and shall remain closed except when in use. The wall and
gate shall be architecturally compatible with the surrounding structures.
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ATTACHMENT "A-4"
TEMPORARY USE PERMITS - 19.70
CHAPTER 19.70
TEMPORARY USE PERMITS
19.70.010 PURPOSE
The Temporary Use Permit allows for short-term activities which may be appropriate when
regulated.
19.70.020 PERMITTED USES
The following temporary uses may be permitted, subject to the issuance of a Temporary Use
Permit:
I. Real estate offices within approved development projects;
2. On- and off-site contractors' construction yards in conjunction with an approved
development project;
3. Trailer, coach or mobile home as a temporary residence of the property owner when a
valid residential building permit is in force. The permit may be granted for up to 180
days, or upon expiration of the building permit, whichever first occurs;
4. Christmas tree sale lots; however, a permit shall not be required when such sales are in
conjunction with an established commercial business holding a valid business registration
certificate, provided such activity shall be only held from November 1 through December
31, subject to Chapter 5.04 of the Municipal Code;
5. Fireworks, when the latter is in compliance with Chapter 8.60 of the Municipal Code;
6. Circuses, rodeos and carnivals, subject to compliance with Chapter 5.42 of the Municipal
Code;
7. Fairs, festivals and concerts, when not held within premises designed to accommodate
such events, such as auditoriums. stadiums, or other public assembly facilities;
8. Emergency public health and safety needs;
9. Similar temporary uses which, in the opinion of the Director are compatible with the land
use district and surrounding land uses, pursuant to Section 19.02.070 (3) (Similar Uses
Permitted); and
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MC-972
TEMPORARY USE PERMITS -19.70
19.70.030 EXEMPfIONS
The following uses are exempt from the provisions of this chapter:
1. Temporary outdoor displays and sales, pursuant to Chapter 5.22 of the
Municipal Code.
2. City-sponsored uses and activities, or activities occurring on City owned
property, occurring at regular intervals (weekly, monthly, yearly, etc.).
Other City permits (building permits, encroachment permits, etc.) may
be required.
19.70.040 APPLICATION
A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director.
The Director may refer such application to the Commission. Decisions of the Director may be
appealed to the Commission pursuant to Chapter 19.52 (Hearings and Appeals).
19.70.050 FINDINGS
The Director may approve or conditionally approve a Temporary Use Permit application only
when all the findings contained in Section 19.36.050 (Conditional Use Permits) are made.
19.70.060 CONDITIONS OF APPROVAL
In approving an application for a Temporary Use Permit, the Director may impose conditions
deemed necessary to ensure that the permit will be in accordance with the findings required by
Section 19.36.050. These conditions may involve any pertinent factors affecting the operation
of such temporary event, or use, and may include, but are not limited to:
1. Provision for a fixed period not to exceed 90 days for a temporary use not occupying a
structure, including promotional activities, or I year for all other uses or structures, or
for a shorter period of time as determined by the Director.
2. Provision for temporary parking facilities, including vehicular ingress and egress;
3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct
illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and
heat;
4. Regulation of temporary structures and facilities, including placement, height and size,
location of equipment and open spaces, including buffer areas and other yards;
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MC-972
TEMPORARY USE PERMITS -19.70
5. Provision for sanitary and medical facilities;
6. Provision for solid, hazardous and toxic waste collection and disposal;
7. Provision for security and safety measures;
8. Regulation of signs;
9. Regulation of operating hours and days, including limitation of the duration of the
temporary use, as outlined in Condition No. I;
10. Submission of a performance bond or other surety devices, satisfactory to the City
Engineer, to ensure that any temporary facilities or structures used will be removed from
the site within a reasonable time following the event and that the property will be
restored to its former condition;
II. Submission of a site plan indicating any information required by this Chapter;
12. A requirement that the approval of the requested Temporary Use Permit is contingent
upon compliance with applicable provisions of the Municipal Code; and
13. Any other conditions which will ensure the operation of the proposed temporary use in
an orderly and efficient manner and in accordance with the intent and purpose of this
Chapter.
19.70.070 CONDITION OF SITE FOLLOWING TEMPORARY USE
Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence
of the temporary use upon completion or removal of the use, and shall thereafter be used,
pursuant to the provisions of this Development Code.
19.70.080 REVOCATION
A Temporary Use permit may be revoked or modified by the Director if anyone of the
following findings can be made:
I. That circumstances have changed so that I or more of the findings of fact contained in
Section 19.36.050 can no longer be made;
2. That the Temporary Use Permit was obtained by misrepresentation or fraud;
3. That I or more of the conditions of the Temporary Use Permit have not been met; and
4. That the use is in violation of any statute, ordinance, law, or regulation.
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