HomeMy WebLinkAboutMC-538
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ORDINANCE NO. Me 538
ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO ADOPTING AN OVERLAY ZONE IMPOSING ARCHITECTURAL
3 DEVELOPMENT STANDARDS FOR THE VICINITY OF FORTIETH STREET AND
SIERRA WAY.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Recitals.
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A. The Mayor and Common Council reviewed and considered an
8 architectural development overlay zone on July 7, 1986.
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B. There is need for supermarkets and for neighborhood
10 convenience shopping centers to serve surrounding residential
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areas.
C. The area which is the subject of this overlay zone is
blighted and the proposed architectural development standards
will be an asset to the community by upgrading the area both
aestheticly and economically.
16 SECTION 2. The Mayor and Common Council hereby adopt an
17 overlay zone imposing architectural development standards for the
18 vicinity of Fortieth Street and Sierra Way in the City of San
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Bernardino.
The overlay zone shall contain the following
20 provision:
21 The property subject to the architectural development
22 overlay zone is located at the northwest corner of the
23 intersection of Fortieth Street and Sierra Way, on property
24 described in Exhibits A-I, A-2, A-3, A-4, A-5, A-6, and A-7,
25 attached to and incorporated in City Resolution No. 86-285, and
26 in the site plan labeled Exhibit B attached to and incorporated
27 in said resolution.
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SECTION 3. Utilities. All water drainage systems or
2 structures, water mains, sewers, water sprinkler system lines,
3 telephones or electrical conduits or systems, gas mains, and
4 other public utilities instrumentalities shall be installed and
5 maintained below the ground level of the property.
SECTION 4. Right to Construct.
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A. Development. All of the area within the Real Property
8 to be used in common shall be referred to as .Common Area", and
9 said Common Area includes all areas within the Real Property
10 other than "Building Areas;" said Common Area is delineated on
11 the plot plan which is Exhibit B hereto; said Common Area has
12 been or shall be developed substantially as shown on said Exhibit
13 B; and said Common Area shall not be used for any other purpose
14 than the parking of motor vehicles and their ingress and egress
15 and the ingress and egress of pedestrians; provided that:
16 1. The area outlined in red directly in front of the
17 building shown as cross-hatched on Exhibit B hereto may be used
18 by the occupant of said building for the sale of Christmas trees
19 from December 1 through December 24 of each year and for its
20 annual spring patio sale for any three (3) consecutive week
21 period during each year; and
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2. The occupant of the building shown as cross-hatched
23 on Exhibit B hereto may establish and operate in the portion of
24 the Common Area designated as single-hatched on Exhibit B hereto
25 a recycling center for the collection of items intended for
26 recycling, such as (but not limited to) aluminum cans and
27 bottles, upon giving written notice thereof to the Director of
28 Planning.
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B. No building or structure of any kind shall be erected on
any portion of the Real Property except upon those portions
designated "Building Area" on Exhibit B hereto; provided, that
there may be constructed and maintained upon or over said Common
5 Area a canopy or canopies or exterior building facia projecting
6 from such Building Area; normal foundations and doors for ingress
7 and egress may project from such Building Areas; and signs may be
8 erected upon said canopy or canopies, or exterior building facia,
9 so long as said signs do not obstruct the signs of any other
10 owner or owner's tenant of the Real Property. No signs other
11 than the signs provided for hereinabove, directional signs for
12 guidance upon the parking and driveway area, and signs at the
13 locations shown on Exhibit B hereto, shall be erected or
14 maintained upon the Common Area or Building Area of the Real
15 Property, except such as obtain the written approval of one
16 hundred percent (100%) of the owners of the Real Property and the
17 tenant of the building within the area shown as cross-hatched on
18 Exhibit B hereto.
19 C. No building or structure shall be hereafter erected on
20 the Real Property which shall exceed one (1) story in height, nor
21 shall any such building or structure exceed twenty-three (23)
22 feet in height, except the building shown as cross-hatched on
23 Exhibit B.
24 D. In the development and use of the Real Property there
25 shall not be established or maintained any building, structure or
26 area for the transaction of business, whether for retail sales or
27 other purposes, for which there shall not be established and
28 maintained a Common Area containing approximately three (3)
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I square feet of parking, driveway, sidewalk and landscaping area
2 for each one (1) square foot of floor area of all buildings,
3 structures or areas to be used for commercial purposes in the
4 Real Property, provided that in the event the plot plan which is
5 Exhibit B hereto provides for parking, driveway, sidewalk and
6 landscaping facilities in a ratio other than a ratio of three (3)
7 square feet of parking, driveway, sidewalk and landscaping area
8 for each one (1) square foot occupied by buildings, then, in the
9 event, such plot plan shall prevail notwithstanding the above
10 provision concerning such ratio.
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SECTION 5. Restrictions on Use.
A. No portion of the Real Property other than the building
13 within the area shown as cross-hatched on Exhibit B hereto shall
14 be occupied or used, directly or indirectly, for the purposes of
15 a general market or a grocery store, meat market, fish market,
16 fruit store, vegetable store, delicatessen, store selling
17 alcoholic beverages for off premises consumption, prescription
18 pharmacy, or any combination thereof; provided, however, that the
19 foregoing shall not apply to the sale of meat, poultry, fish,
20 grocery items and/or beer and wine for on-premises consumption
21 only by one (1) delicatessen so long as such delicatessen does
22 not occupy more than three thousand five hundred (3,500) square
23 feet of the Real Property which can only be located within the
24 buildings designated A, C, D, E, F and G on Exhibit B hereto.
25 Furthermore, however, the foregoing restrictions shall not apply
26 to the operation of one (1) restaurant of up to four thousand
27 (4,000) gross square feet, including the sale of alcoholic
28 beverages on sale license, provided that the foregoing is located
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in the northerly forty (40) feet of the building designated as
Building D on Exhibit B hereto or the easterly one hundred (100)
feet of the building designated as Building~ E, F and G as
designated on Exhibit B hereto.
B. The restrictions set forth in Subsection A above shall
not apply to the existing businesses; however, if these
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businesses cease operation, and their successors do not use the
premises for the same or similar use, the restrictions of
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Subsection A above shall apply to their successors.
c. No portion of the Real Property shall be occupied or
used, directly or indirectly, for the purposes of an office
12 building, entertainment or recreational facility or a training or
13 educational facility; provided, however, that the foregoing shall
14 not apply to the use of the northerly forty (40) feet of the
15 building designated as Building D on Exhibit B hereto nor to the
16 easterly one hundred (100) feet of the building designated as
17 Building E on Exhibit B hereto as offices for service oriented
activities such as those performed by a travel agent, finance
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19 company, real estate broker or insurance agent. As used herein,
20 "entertainment or recreational facility" includes, but is not
21 limited to, a bowling alley, skating rink, theater, billiard
22 room, health spa or studio, massage parlor, amusement arcade, bar
23 or tavern, or gymnasium or any other place of public amusement;
24 and "training or educational facility" includes, but is not
25 limited to, a beauty school, barber college, place of
26 instruction, reading room, or any operation catering primarily to
27 students or trainees rather than to customers, it being the
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intent of this provision that the parking and other common
facilities should not be burdened by either large scale or
protracted use.
D. Duration. Except as otherwise provided herein, each
5 easement is considered to be in perpetuity and each other
6 covenant, setback line, restriction and undertaking of this
7 document shall be for the term of forty (40) years from the date
8 hereof.
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E. Injunctive Re~. In the event of any violation or
10 threatened violation by any owner, lessee, or occupant of any
II portion of the Real Property of any of the terms, covenants,
12 restrictions and conditions contained herein, in addition to the
13 other remedies herein provided, any or all of the owners and
14 tenants of the property included within the Real Property shall
15 have the right to enjoin such violation or threatened violation
16 in a court of competent jurisdiction.
17 F. Not a Public Dedication. Nothing herein contained shall
18 be deemed to be a gift or dedication of any portion of the Real
19 Property to the general public or for the general public or for
20 any pUblic purposes whatsoever, it being the intention that this
21 resolution shall be strictly limited to and for the purposes
22 herein expressed.
23 G. Violation. Any violation of the terms of this Ordinance
24 shall be an infraction and shall be enforced by the zoning
25 enforcement officer and otherwise shall be treated like any other
26 zoning violation.
27 SECTION 6. No color scheme or exterior building materials
28 other than those shown on Exhibit C, on file with the Director of
Planning, shall be used.
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SECTION 7. No architectural elevation other than shown on
2 Exhibit E on file with the Director of Planning shall be used.
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SECTION 8. The maximum building coverage of all buildings
4 on all lots shall not exceed thirty-three percent (33%) of the
5 total site area, exclusive of public rights of way.
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I HEREBY CERTIFY that the foregoing ordinance was duly
7 adopted by the Mayor and Common Council of the City of San
8 Bernardino at a
rPol)l1 1 ~r
meeting thereof, held on the
, 1986, by the following vote, to
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19 of
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19th
day of
August
AYES:
Council Members F.qrrAnA Rpilly Hp.rn~nnp.7.,
M;::arkc::. Qn;p.l.
F'r;':l7.;pr
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~rrirklpr
NAYS:
T\Tnno
ABSENT:
D-Tor~
.~ Iffl'
_ ~~:H//:/:;'~ ~'~ 2-~
City Clerk
The foregoing ordinance is hereby approved this
21st
day
August
, 1986.
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the City of San
ardino
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Approved as to form:
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Pro Tempore
.:7,~ _1 . # c7
//(~ /I'r ,,~.u .
24 City Attorney
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