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HomeMy WebLinkAboutMC-1218 Adopted: March 6. 2006 Effective: April 6. 2006 1 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTIONS 19.06.020, TABLE 06.01 4 (K) (5) AND (14), SECTION 19.06.030, TABLE 6.03 AND SECTION 19.06.030 (2) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED 5 TO MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT (INCLUDING ARTIST COLONY AND COMBINATION RESIDENCE/OFFICE) 6 7 8 ORDINANCE NO. Me-1218 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 19.06, Sections 19.06.020, Table 06.01 (K) (5) and (14), and 9 Section 19.06.030, Table 6.03 and Section 19.06.030 (2), relating to mixed-use commercial and 10 11 residential development (including Artist Colony and Combination Residence/Office), of the 12 Municipal Code (Development Code) is amended to establish standards for mixed-use 13 development and permit vertical and / or horizontal mixed-use development containing 14 commercial uses mixed with residential uses subject to approval of a Conditional Use Permit in 15 the CR-2, CG-2, CG-3, and CG-4 land use districts as shown in Attachment 1 attached hereto 16 17 and incorporated herein by reference. 18 SECTION 2. Severability. In the event that any provision of this Ordinance, or any part 19 thereof, or any application thereof to any person or circumstance, is for any reason held to be 20 21 22 23 24 25 26 unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 27 IIII 28 IIII MC-1218 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTIONS 19.06.020, TABLE 06.01 3 (K) (5) AND (14), SECTION 19.06.030, TABLE 6.03 AND SECTION 19.06.030 (2) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED 4 TO MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT (INCLUDING ARTIST COLONY AND COMBINATION RESIDENCE/OFFICE) 5 6 7 Common Council of the City of San Bernardino at a j oint regular 8 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and meeting thereof, held on the 6th day of 9 10 Council Members: 11 ESTRADA 12 BAXTER 13 MC GINNIS 14 DERRY 15 KELLEY , 2006, by the following vote to wit: March ABSENT ABSTAIN AYES NAYS x x x x x 16 17 18 Me CAMMACK 19 20 21 22 23 24 25 x JOHNSON x ~.k.l h ~ Ci Clerk The foregoing ordinance is hereby approved this .1tiLday of March 2006. ~~ A TRI K J. MORrtlS, Mayor City 0 San Bernardmo Approved as to form and legal content: 26 JAMES F. PENMAN 27 City Attorney 28 By: L '1/~ III (j . 2 MC-1218 ATTACHMENT 1 CHAPTER 19.06 COMMERCIAL DISTRICTS Section 19.06.020, Table 06.01 (K) (5) and (14) is hereby amended to read as follows: rfj U'" U rfj U U "r'"l U "", U 00 ~ 00 '-' '" ;JU Q ~'-'~ ~U ~ .... ~O'" ~U ~ ="0 ~U o ~Z OOU .... ~ 00 ~ U .... ~ ~ \J"J. .... Q ~ -< .... U ~ ~ ~ ~ o u ... c: \0 o ~ ...:l i:Q -< ~ MC-1218 000 000 ::c U 000 ""T U 000 000 " U ,-,e; U;;;: 000 '-'r'"l U 000 000 00 o o o o o o o o o '0 o o o o o 00 Ol) 00 o 00 OUO o o 00 o o o o o o ~O N 0- SOU ~ o 0- "OU .2 U OJ CIl .:;0 .~ OJ U .~ Q 0. E o u 0 ..: o o o ~ ~ ~ -:0-5 c ~ "';i <::' Q,)o~g = -2 OJ~~~~ ~ ~ 0 CO[,l:lU~~ .... 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Subsections (A) through (M) are relettered (A) through (L). ~ \RTI~T COl.01m' A rtigt ~QIQni@g lRaj' g@ @g~lidl.@Q ill. tR@ CR 2 l~ yg@ Qigg-i~t gygj@Gt t9 CgRditigg,al T T g~ Perm.it ~Uienl aw gRAIl g~ ~gREtnu:t@g in th~ fgllgnriyg 1R:<Il~r' 1 Tlle miniaRlm YRit gj.z@ gf a liu@',,'grk gp:u:~ ERall be ?SQ E'!yare ~ 2. A II Qll. git@ p:trkigg Ell.:tll ~QlRply 'yitll. prg'.'igiQll.g gf Cll.apt@r 1~ 24 (Off ~tl:@@t Parkigg) P:ty@rg Qr gr:<gg ~r@t@ 1R:t~' g@ UE@Q t.g prQuiQ@ t@lRpgnr~' p:tt:kigg ill. QP@ll. gp:t~@ :tr@aE flrQuid@Q :tll hyQg~ap@ ri'lyiret:RiRtg are met. J. HazanJgyg a~ti"itigE ilK:IYQiyg by! Ret limiw9 t9 u1elgiAg, 9f}€R thlR@, gr Etgr:tgll gf t:l:tIRIR~I@ li\iyiQg gll.all Q@ flrgll.iGit@Q ill. :t liu@/nlgrk gFa~g nrit1J.gyt EfJ@~iti~ "rriU@R aflprgual tr9m tR@ Fir@ DipaI11+leRt, nlR.i~R. ma~' impggg tI.1.e aflprgpriate r@f}UiremeRtE fgr EY~ll. :tpprg'.':tl. HC 99:7 :..'7/~:7 New Subsection (M) shall read as follows: M. MIXED USE COMMERCIAL AND DEVELOPMENT (INCLUDING ARTIST COMBINA TION RESIDENCE/OFFICE RESIDENTIAL COLONY AND Vertical and/or horizontal mixed-use developments containing commercial uses mixed with residential uses are permitted in the CR-2, CG-2, CG-3, and CG-4 land use districts subject to approval of a Conditional Use Permit; Artist Colony units are permitted in the CR-2 land use districts subject to approval of a Conditional Use Permit; and, Combination Residence/Office units are permitted in the CO-l and CO-2 land use districts subject to approval of a Conditional Use Permit. Mixed use development having commercial uses mixed with residential uses shall be constructed, maintained, and operated in the following manner: 1. Development Standards for mixed use development containing one or more dwellings, including live/work units, shall be as specified in Me-1218 Page 2 Table 6.02 Commercial Zones Development Standards. Multi-family apartment dwelling units, including Artist Colony apartment dwelling units, in mixed use development containing commercial uses shall be constructed in compliance with Section 19.04.030 (2) (L) Multi- Family Housing Standards. Mixed use development not containing multi-family apartment dwelling units and containing only single family units, townhomes and/or condominium dwelling units and commercial land uses shall be exempt from Section 19.04.030 (2) (L) and be constructed in compliance with the following development standards: a. Each dwelling unit shall provide a minimum of 300 square feet of private useable open space (which may include private (walled) patio, balcony, and/or roof deck). Private useable open space areas shall not include: right-of-ways; vehicle parking areas; areas adjacent to or between any structures less than 6 feet apart; required front, rear, and sideyard setbacks from property lines; or slope areas greater than 6 percent. b. Each non-live/work dwelling unit shall have a private (walled) patio, balcony, and/or roof deck not less than 150 square feet in area and having a minimum width of 10 feet and depth of 10 feet. c. Mixed use developments containing one or more dwelling units, including live/work units, shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter - barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or, day care facilities. The type of amenities shall be approved by the Director and provided according to the following schedule: Units Amenities 0-11 0 12 - 50 1 51 - 100 2 101 - 200 3 201 - 300 4 Add 1 amenity for each 100 additional units or fraction thereof. MC-1218 Page 3 d. Locations of Off-Street Parking: Spaces for residential uses shall be located within 150 feet from the dwelling unit (front or rear door) for which the parking space is provided. e. Private Enclosed Storage: Each dwelling unit in a mixed use development shall be provided a minimum of 150 cubic feet of private enclosed storage space within the garage, or immediately adjacent to the dwelling unit. f. Community Entry Driveway Approaches: Driveway approaches accessing a public street in a mixed use development of 12 or more units shall be delineated with interlocking pavers, rough-textured concrete, or stamped concrete. g. Washing Machine and Dryer: Each dwelling unit shall be plumbed and wired for a washing machine and dryer. h. Building Separation: The distance between buildings contammg one or more dwelling units in a mixed use development shall be a minimum of 6 feet (excluding roof overhangs and fireplace chimneys); and, at a minimum, shall comply with the requirements of the City's building code. A live/work unit that does not have a wall or roof in common with any other building or structure may either be constructed with no sideyard separation of distance between units (i.e. double exterior walls separating units), or shall be a minimum of 6 feet (excluding roof overhangs and fireplace chimneys). Notwithstanding the above, the distance between dwelling units separated by an entry courtyard and facing another structure shall be a minimum of 15 feet. In the event that the front of the units are internally oriented to fact one another, than a minimum IS-foot building separation is required between the fronts of the units. I. The maximum structure height in the CG-2 and CG-3 land use districts shall be 4 stories (not to exceed 56 feet). 2. Land Use Activities in Mixed Use Buildings having Residential Units: Land use activities in a building where residential and commercial land use activities are allowed to mix shall be any land use activity permitted by right and/or subject to approval of a Conditional Use Permit in the land use district governing the premises; provided, however, that in order to enhance the success of businesses in mixed use buildings and protect the health and safety of persons who reside in a mixed use building, the following land use activities shall not be permitted: MC-1218 Page 4 Automotive Related Uses, Boarding/Lodging Facilities, Restaurants-with Drive- Thrus, Home Improvements with Outdoor Display, Indoor Retail Concession Malls, Mini-Malls, Nurseries/Garden Supplies, Publishing/Printing Plants, Recycling Facilities, Recycling Facilities (Reverse Vending Only), Veterinary Services/Animal Boarding, Funeral Parlors/Mortuaries, Single-Price Overstock/Discount Stores, Adult-Oriented Businesses (See Section 19.06.030(2)(A) for specific definition of terms), Emergency Shelters, Health Clinics/Outpatient Surgery Residential Care Facilities Senior Congregate Care Facilities Social Service Centers Fortune Tellers, Tattoo Parlors and/or Body Piercing Studios, Second Hand Stores/Thrift Stores, Check-Cashing Facilities, and Pawn Shops. 3. Home Occupations are allowed in compliance with Chapter 19.54 in townhome, condominium and detached single family units only. MC-1218 Page 5 4. Parking Requirements: As specified for each use in the Development Code. 5. Sign age: A signage program shall be submitted as part of the site development permit application package, addressing proposed monument, ladder and/or individual property signage. 6. Public Telephones: Exterior public pay telephones are prohibited. 7. Conditions, Covenants, and Restrictions (CC&R's): CC&R's shall be reviewed and subject to the approval of the Development Services Deputy Director/City Planner. The CC&R's shall list restricted uses. At a minimum, the property owners association will be responsible for maintaining concrete and asphalt paved areas, fences and walls, and landscape areas exterior to private yards and private open space; and common areas. The property owners association will be responsible for controlling hours of business, visitor and guest parking, and enforcing standards established for the exterior of the structures. 8. Live/Work Unit: A dwelling constructed, maintained and operated having commercial and residential uses is classed as a Live/Work Unit and shall adhere to the requirements for Mixed Use Commercial and Residential Development, with the following additional standards and exceptions: a. Permitted Dwelling Types: Live/work units shall be townhome, condominium and/or detached single family units only. b. Commercial Land Use Activities in Live/Work Units: The following land use activities shall not be permitted in live/work units: Land use activities prohibited in mixed-use buildings containing one or more residential units: Night Clubs/Bars/Lounges, Entertainment/Recreation, Medical/Care Facilities/Social Services, Tanning Salons, Dry Cleaners, Health/Athletic Clubs Laundromats ( self-serve), MC-1218 Page 6 Convenience Stores, Drug Stores, Supermarkets, Liquor Stores, Mobile Home Sales, and Religious Facilities. c. Minimum Dwelling Size Standards: The minimum dwelling unit area for each live/work unit shall be not less than 1,000 square feet, exclusive of work area; and the minimum dwelling unit area for Artist Colony dwelling units shall be not less than 750 square feet. d. Hazardous Activities: Storage of hazardous materials necessary for work activities in live/work units may be stored in controlled areas in accordance with the current uniform building code/uniform fire code used by the City of San Bernardino. Hazardous activities including but not limited to welding, open flame, or storage of flammable liquids, storage of hazardous materials, or similar hazardous operations are not permitted in live/work units without express written approval from the Fire Department, which shall impose the appropriate requirements for such approval. e. Open Space: Each live/work unit shall provide a minimum 300 square feet of useable private open space; or, a minimum of 120 square feet of useable private open space and 300 square feet of common useable open space. Useable private open space areas may include private (walled) patios, balconies and/or roof decks. Useable private open space areas shall not include right-of-way, private streets or driveways, vehicle-parking areas, required setbacks from property lines, or slope areas greater than 6 percent. f. Entries: With the exception of Artist Colony units, the work area in a live/work unit is required to have either a separate access entry or, if approved by the Director, a shared live/work entry on the grade level of the unit. Each live/work unit shall be provided a primary entry from common areas such as hallways, corridors, and/or exterior portions of the building such as courtyards, breezeways, parking areas, and public spaces. g. Work Area: With the exception of Artist Colony units, each live/work unit shall have a minimum of 300 square feet of floor area designed and constructed as work area. MC-IZ18 Page 7 h. Walls Facing Street and / or Parking Lot: excluding Professional Live/work Units, ground floor exterior walls facing a street and/or a parking lot shall have one store front window having a minimum height of 3 feet and width of 5 feet. 1. Vehicle Parking Requirements: One space for each 250 square feet of cumulative gross floor area of work area in the live/work units in the mixed use development; and 2 covered spaces within an enclosed garage for each live/work unit, plus 1 uncovered off- street guest parking space for every 5 live/work units. J. Tandem Parking: Unattended tandem parking will be permitted if the Director determines that such parking would be appropriate and effectively used. k. Loading spaces are not required for the commercial components of a live/work unit provided the work area of the live/work unit does not exceed 700 square feet of floor area. 1. Noise: Noise levels generated by a live/work unit shall conform to the requirements of the Municipal Code for residential use. m. (*) Business Hours: Hours of operation for businesses serving customers on-site from live/work units shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday, and from 9:00 a.m. to 5:00 p.m. Saturday and Sunday n. No Separation Sale or Rental: No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit. o. Business in a Live/Work Units: Conducting a business in the work area of a live/work unit is an opportunity for those whose home- based businesses will blend with the unique environment. Conducting a business in the work area is not required. p. Arcade/Pinball and Arcade Video Games: On-site arcade/pinball machines and arcade video games may not be installed or operated in the work area of a live/work unit. MC-1218 Page 8 q. Employment: A business conducted in a work area of a live/work unit may have on the premises at any given time a maximum of three part-time and/or full-time employees. There is no limit to resident - family-member-employees. r. Pre-wired: Each live/work unit shall have a minimum of 200 amp electric service. Each live/work unit shall be pre-wired for telephone, cable television and computer Internet. Each live/work unit shall be pre-wired for a security system approved by the Police Department. 9. Professional Live/Work Unit: A dwelling constructed, maintained and operated having commercial uses restricted to Studio/Artist and Creative/Tech-based Offices and Services, and/or Professional Offices and Services (including Combination Residence/Office), and primarily non-retail uses in the work area, is classed as a Professional Live/Work Unit. a. The following types of live/work units (including but not limited to Combination Residence/Office and Artist Colony units) are Professional Live/Work Units: 1. Studio/Artist and Creative/Tech-based Offices and Services: Activities in these live/work units include, but are not limited to, artist studios and non-traditional live and work space for technology art and graphics-based professional activities and services such as web and software-based application and development, animation, multimedia development, programming, and other similar uses which do not require intensive customer traffic. 2. Professional Offices and Services: Activities in these live/work units include, but are not limited to, tax preparation, accounting, financial planner, architecture, landscape architecture, engineering and planning consultant services, graphic and arts, attorney, chiropractor, internet or web oriented businesses, and other similar uses which do not require intensive customer traffic. b. Professional Live/Work Units (including but not limited to Combination Residence/Office in CO-I and CO-2 land use districts) shall be constructed, maintained and operated as live/work units, with the following additional standards and exceptions: MC-1218 Page 9 1. Land Use Activities in Professional Live/Work Units: Residential uses shall be condominium, townhome and/or single family detached dwellings only. In addition to the land use activities prohibited in live/work units, no retail sales shall occur in a live/work unit designated as a "professional live/work unit" unless the sales products are jewelry, art products such as ceramics, paintings, graphics, pottery, sculpture, photography, or similar products, and/or the products of the occupant's primary business located in the work area on the premises. 2. Occupancy: The residential portion of a Professional Live/Work Unit shall only be occupied by the individual and hislher family that has their professional occupation or business established in the work areas of said unit. 3. Signage shall be restricted to signage attached to the dwelling and shall not exceed three (3) square feet for each dwelling unit containing a business. 4. Parking Requirements: One space for each 500 square feet of cumulative gross floor area of work area; and 2 covered spaces in an enclosed garage for each Professional Live/Work Unit. (*) Modified by the Planning Commission on January 10, 2006.