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
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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:
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Section 19.06.030, Table 6.03 is hereby amended to read as follows:
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MC-1218
Section 19.06.030(2) is hereby amended to read as follows:
Subsection (C) is deleted. 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
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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.
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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),
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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.
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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.
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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:
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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.