HomeMy WebLinkAbout42-Planning and Building
CITY OF SAN BERt()RDINO
- REQUEST OR COUNCIL ACTION
From: Al Boughey, Director
Dept: Planning & Building Services
D~: January 16, 1992
Development Code Amendment No. 91-07, To
Subject:permit indoor retail concession malls in th
CG-1, CG-2, CG-4, Commercial General and CH
Commercial Heavy land use districts Citywid
and to provide standards by which the use
may' be established.
Mayor ana CO~32 Council Meeting
Feoruarv 3.
Synopsis of Previous Council ection:
January 7, 1992 . The Planning Commission recommended approval of DCA 91-07.
November 18, 1991 The Mayor and Common Council directed staff to prepare a
recommendation on a Development Code Amendment to permit
swap meets in the Commercial General land use designations,
as well as any other appropriate designations.
June 3, 1991 The Development Code was adopted and swap meets (indoor
and outdoor) were permitted in the CG-4, CH, IL and IH
designations.
Recommended motion:
That the hearing be closed and the ordinance be adopted.
Al
Al Boughey
Contect person:
heel Staff Report & Ordinance
Supporting data ettec :
FUNDING REQUIREMENTS: Amount: $25.00
Phone:
384-5357
Ward:
Citywide
Source: (Acct. No.)
001-171-53150
(Acct. Descriotionl
Professional
Finance:
Services
(~ --OJ')"
Council Notes:
41-'.
CITY OF SAN BERNARDINO - REQueST FOR COUNCIL ACT lOft
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STAFF REPORT
Subject:
Development Code Amendment No. 91-07
A proposed amendment to the Development Code to
permit indoor retail concession malls in the CG-1,
CG-2, CG-4, commercial ~eneral and CH, Commercial
Heavy, General Plan land use designations, and
to provide standards by which the use may be
established.
Mayor and Common Council Meeting
January 21, 1992
REOUEST
This amendment is to allow indoor swap meets in the CG-1, CG-2
and CG-4, commercial General and CH, commercial Heavy land use
designations and to establish standards for their development.
BACKGROUND
On August 21, 1990, the Mayor and Common Council determined that
Union Discount store on Mill street and Inland Center Drive was
not a swap meet and they were allowed'to operate in the CG-1
land use designation.
During the adoption process on the Development Code, a definition
of swap meet was formulated. The Planning Commission determined
that land use impacts associated with many multiple vendors
warranted the requirement to obtain a Conditional Use Permit. The
Mayor and council concurred and limited the districts where they
would be permitted to the CG-4, CH, IL, and IH land use
designations. The Union Discount store referenced above, is still
in operation but has become nonconforming because swap meets are
not permitted in this designation.
On November 18, 1991, Mayor and Council directed Planning staff
to prepare a recommendation on a Development Code Amendment to
permit swap meets in the Commercial General land use designations,
as well as any other appropriate designations.
On January 7, 1992, The Planning Commission, based
of Fact, recommended that the Mayor and Common
D.C.A. No. 91-07, and add CH designation also.
CEOA STATUS
Article 5, Section 15061 (b) (3) of the California Environmental
Quality Act states that, in general, CEQA applies only to projects
which could have a significant effect on the environment (Section
15378 defines zoning ordinance amendments as "projects").
Where it can be determined with certainty that no possibility
exists for a project to have a significant effect on the
environment, the project is not subject to CEQA. Because D.C.A.
No. 91-07 would permit a use that is within the range of uses
already permitted in the Development Code it is exempt from CEQA.
on the Findings
Council approve
5-0264
Page 2
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ANALYSIS
The existing Development Code definition for swap meets reads as
follows:
Any indoor or outdoor place, location, or activity where new
or used goods or secondhand personal property is offered for
sale or exchange to the general public by a mulitude of
individual licensed vendors, usually in compartmentalized
spaces 1 and, where a fee may be charged to prospective buyers
for admission, or ~ fee may be charged for the privilage of
offering or displaying such merchandise. The term swap meet
is interchangable with and applicable to: fleamarkets,
auctions, open air markets, farmers markets, or other
similarly named or labeled activities1 but the term does not
include the usual supermarket or department store retail
operations.
Section 19.06.020, Table 06.01, the List of Permitted Uses, allows
for the establishment of swapmeets in the CG-4, Commercial
General, CH,Commercial Heavy, IL, Industrial Light and the IH,
Industrial Heavy designations. Since swap meets are usually
outdoor uses, they were only permitted in ~hese districts.
The basic characteristics of indoor establishments (indoor swap
meets) may vary from the characteristics of outdoor swap meets in
that generally they do not charge for admission, they generally
are not associated with special events or national, regional,
municipal or charitable organizations, and generally are not
operated on a transient basis but are permanent establishments
with regular business hours (refer to the staff report to the
Planning Commission dated January 7, 1992, attached as Exhibit 3).
These differences supported staffs conclusion that multi-vendor
establishments conducted indoors vary from typical outdoor swap
meets. Staff proposes to separate the two and redefine indoor
swap meets as Indoor Retail Concession Malls as follows.
INDOOR RETAIL CONCESSION MALL
Any indoor, multi-tenant, retail or discount mall, operated
during regular business hours, without the benefit of a
predominant tenant because the majority of square footage is
used (or offered) for concession or leased floor area and/or
wall space for which a fee, commission or lease is charged.
Individual vendors shall be permitted to engage in sales of
either new or used merchandise.
Development Code Amendment No. 91-07 proposes a minor revision to
the existing definition for swap meets in that the words "indoor
or" would be deleted. Designations where swap meets would be
permitted would remain the same (CG-4,CH,Il,IH).
GENERAL PLAN CONSISTENCY
The General Plan addresses new development, adaptive reuse and
Page 3
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o
renovation in accordance with the Land Use Plan (Objective 1.71).
This amendment provides the opportunity for the reuse of existinq,
vacant structures. In addition, the proposal would include
upqradinq structures that may not meet Code requirements(1.22.33).
Indoor retail concession malls are more adaptable as far as
reusinq existinq buildinqs.
DEVELOPMENT CODE REOUIREMENTS
As discussed previously by the Planninq Commission, there are land
use impacts associated with many multiple vendors which warrant
the requirement to obtain a Conditional Use Permit: specific
impacts associated with land use compatibility are traffic
circulation, parkinq, loadinq and refuse maintenence. Also there
are public health and safety concerns over use of electricity and
adequate corridor width.
DEVELOPMENT CODE STANDARDS
Also, Development Code Amendment No. 91-07 provides the
opportunity for future project applicants to understand the
specific standards, in addition to the qeneral requirements in the
CG and CH land use desiqnations, prior to filinq an application
with the City. Section 19.06.030 (2), Land Use Specific Standards
would require an approved Conditional Use Permit. Specific
standards proposed include increasinq minimum requirements for
refuse containers, requirinq a centralized loadinq area, and
defininq indoor retail concession malls as one tenant for the
purposes of Development Code siqn standards. The specific
standards list also addresses parkinq for establishments which are
proposed for tenant suites within existinq multi-tenant,
commercial centers.
The amendment would reference Section 19.24.040, Off-Street
Parkinq Standards, in the Development Code, in that both the
indoor and the outdoor establishments shall be subject to the
existinq swap meet parkinq requirements.
In order for the Development Code to allow indoor retail
concession malls in CG-1, CG-2, CG-4 and CH, it is necessary to
amend it to include a definition, modify the current definition,
add Indoor Retail Concession Mall to the list of permitted uses
subject to a Conditional Use Permit and establish development
standards as shown in the attachments to the ordinance.
CONCLUSION
Development Code Amendment No. 91-07 will implement Objectives and
Policies lA, 1.71, 1.19, and 1.21.33 of the General Plan by
allowinq existinq outdoor swap meets to continue, and by
permittinq new proposals for indoor retail concession malls in the
CG-1, CG-2, CG-4 ,Commercial General Plan and CH, Commercial Heavy
land use desiqnations.
Staff holds that the proposed amendment is exempt from CEQA,
Article 5, Section 15061 (b)(3), because the amendment proposes to
permit a use that is within the ranqe of uses already permitted in
l'I.Q)'UI a.,,,,,, .........""..."
Page 4.
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the Development Code.
The proposed amendment would make Indoor Retail Concession Malls
subject to approval of a Conditional Use Permit: providing the
opportunity to incorporate public comment into the process.
Development Code Amendment No. 91-07 proposes that the project
should be reviewed subject to the Standard Requirements of all the
City'S .Departments and Divisions.
Also, Development Code Amendment No. 91-07 proposes specific
standards for indoor establishments which allows future applicants
to understand the requirements prior to filing an application with
the city.
FINDINGS OF FACT
1. The proposed amendment is consistent with the General Plan in
that the amendment would implement the following General Plan
policies and Objectives 11, I.71, 1.19, and 1.21.33.
2. The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City
in that the proposed amendment would. allow existing outdoor
swap meet establishments to continue' and permit new proposed
indoor and outdoor establishments to be permitted, subject to
the City's standard requirements and obtaining a Conditional
Use Permit.
MAYOR AND COMMON COUNCIL OPTIONS
The Mayor and Common Council
Amendment 91-07: or
may approve Development Code
The Mayor and Common Council may deny the amendment.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the
ordinance which permits indoor retail concession malls and
establishes standards for their development.
Denise S. Moonier
for Al Boughey, Director
Planning and Building Services
Exhibits: 1. Ordinance
A. Page 1-14, Development Code
B. Page 1-23, Development Code
C. Page 1I-70, Development Code
D. Page 1I-90, Development Code
E. Page II-102, Development Code
F. Page III-53, Development Code
2. Planning Commission Staff Report
A. Findings of Fact
Prepared by:
,
CITY OF SAN BER DINO PLANNING
AND BUILDING SERVICES DEPARTMENT
SUMMARY
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DEVELOPMENT CODE AMENDMENT
III
o NO. 91-07
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AGENDA ITEM
HEARING DATE
WARD
5
1-7-92
Citywide
....
APPUCANT: City of San Bernardino
OWNER: Various
A proposed Development Code Amendment to allow indoor
swap meets (indoor retail concession malls) in the CG-
1, CG-2 and CG-4, Commercial General land use
designations for their development.
EXISTING
lANO USE
Citywide
)
ZONING
GENERAL PLAN
OeSIGNATION
( SEWERS:
DYES.)
D NO
GEOl.OGIC I SEISMIC DYES ·
HAZARD ZONE: D NO
/'
FLOOD HAZARD DYES D ZONE A ·
\. ZONE: D NO D ZONE B
HIGH FIRE 0 YES .
HAZARD ZONE:
o NO
c
AIRPORT NOISE!
CRASH ZONE:
s
r
o NOT
APPLICABLE
o POTENTIAL SIGNIFICANT
EFFECTS WITH
MITIGATING MEASURES
NOE.l.R.
o E.l.R. REQUIRED BUT NO
SIGNIFICANT EFFECTS
WITH MITIGATING
MEASURES
o SIGNIFICANT EFFECTS
SEE ATTACHED E.R.C.
MINUTES
~ EXEMPT
o NO SIGNIFICANT
EFFECTS
DYES. ......) REDEVELOPMENT
PROJECT AREA:
o NO ~
r--
DYES.
D NO
z ~ APPROVAL
0
-
~ 0 CONDITIONS
u.Q
u.Z 0 DENIAL
CIII
til 0 CONTINUANCE TO
0
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CITY OF SAN BERODINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE OCA 91-07
"""'l
5
1-7-92
2
..<I
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
r
"""'l
REOUEST
This amendment is to allow indoor swap meets in the CG-1, CG-2
and CG-4, Commercial General land use designations and to
establish standards for "their development.
BACKGROUND
On August 21,
Discount store
swap meet and
designation.
During the adoption process on the Devel9pment Code, a definition
of swap meet was formulated. The Planning commission determined
that land use impacts associated with many multiple vendors
warranted the requirement to obtain a Conditional Use Permit. The
Mayor and Council concurred and limited the districts where they
would be permitted. The Union Discount store referenced above, is
still in operation but has become nonconforming because swap meets
are not permitted in this designation.
1990, the Mayor and council determined that Union
on Mill street and Inland Center Drive was not a
they were allowed to operate in the CG-1 land use
On November 18, 1991, Mayor and Council directed Planning staff
to prepare a recommendation on a Development Code Amendment to
permit swap meets in the Commercial General land use designations,
as well as any other appropriate designations.
CEOA STATUS
Article 5, Section 15061 (b) (3) of the California Environmental
Quality Act states that, in general, CEQA applies only to projects
that could have a significant effect on the environment (Section
15378 defines zoning ordinance amendments as "projects").
Where it can be determined with certainty that no possibility
exists for a project to have a significant effect on the
environment, the project is not subject to CEQA. Because D.C.A.
No. 91-07 would permit a use that is within the range of uses
already permitted in the Development Code it is exempt from CEQA.
llll'nlt& lilli
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P1.AN4.Q1 PAGE 10F 1 ("oSlO)
I"'"
. CITY OF SAN BER~DINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE OCA 91-07
.....
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
5
1-7-Q'
3
....
~
ANALYSIS
The existinq Development Code definition for swap meets reads as
follows:
Any indoor or outdoor place, location, or activity where new
or used qoods or secondhand personal property is offered for
sale or exchanqe to the qeneral public by a mulitude of
individual licensed vendors, usually in compartmentalized
spaces; and, where a fee may be charqed to prospective buyers
for admission, or a fee may be charqed for the privilaqe of
offerinq or displayinq such merchandise. The term swap meet
is interchanqable with and applicable to: fleamarkets,
auctions, open air markets, farmers markets, or other
similarly named or labeled activities; but the term does not
include the usual supermarket or ,department store retail
operations.
Section 19.06.020, Table 06.01, the List of Permitted Uses, allows
for the establishment of swapmeets in the CG-4, Commercial
General, CH,Commercial Heavy, IL, Industrial Liqht and the IH,
Industrial Heavy desiqnations. Since swap meets are usually
outdoor uses, they were only permitted in these districts.
However, the indoor swapmeet establishments
outdoor swapmeets in the followinq ways:
vary from basic
1. They qenerally do not charqe admission.
2.
They qenerally do not
essentially permanent
normal business hours.
operate on a transient basis but are
retail establishments operated durinq
3. They qenerally are not operated in association with special
events, nor with holidays, national, reqional or municipal or
charitable orqanizations as with other flea markets, outdoor
or indoor exhibits, and seasonal/holiday markets.
As a result, multi-vendor establishments conducted indoors differ
from typical outdoor swap meets. Staff proposes to separate the
two and redefine indoor swap meets as Indoor Retail Concession
Malls as follows.
~.
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PLAN-UI PAGE t OF 1 I'.
. CITY OF SAN BERtODINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
;,
1-7-92
4
,...
INDOOR RETAIL CONCESSION MALL
Any indoor, multi-tenant, retail or discount mall, operated
during regular business hours, without the benefit of a
predominant tenant because the majority of square footage is
used (or offered) for concession or leased floor area and/or
wall space for which a fee, commission or lease is charged.
Individual vendors shall be permitted to engage in sales of
either new or used merchandise.
The existing definition for swap meets would be revised to delete
the word "indoor" thus further differentiating the two.
The designations where swap meets would be permitted would remain
the same (CG-4,CH,Il,IF).
Indoor retail concession malls would be 'permitted in
CG-2, and CG-4 designations. Indoor retail concession
similar to other retail uses permitted in the CG,
General land use designation.
the CG-l,
malls are
Commercial
GENERAL PLAN CONSISTENCY
The General Plan addresses new development, adaptive reuse and
renovation in accordance with the Land Use Plan (Objective 1.71).
This amendment provides the opportunity for the reuse of existing,
vacant structure.. In addition, the proposal would include
upgrading structures that may not meet Code requirements(1.22.33).
Indoor retail concession malls are more adaptable as far as
reusing existing buildings.
DEVELOPMENT CODE REOUIREMENTS
As discussed previously by the Planning Commission, there are land
use impacts associated with many multiple vendors which warrant
the requirement to obtain a Conditional Use permit.
There are specific impacts which require the advantages of a
public hearing. A noticing requirement assists in determining
use compatibility in that the effects on the existing and future
land uses cannot be determined in advance of the project being
proposed for a specific location.
..
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I't.AN-I.OI PAGE 1 OF 1 (4.;Q)
,
. CITY OF SAN BER~DINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE O:A 91-07
5
...
OBSERV A liONS
AGENDA ITEM
HEARING DATE
PAGE
1-7-92
5
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The.e impacts include increased traffic flow, a qreater frequency
of trips of vendors and customers. Vendors are small operators
with frequent trips for on-site loadinq and unloadinq. There may
be increased parkinq needs due to very low priced merchandise
attractinq a larqe customer base. The customers mayor may not be
loadinq purchased merchandise into vehicles.
Also there are public health and safety concerns over use of
electricity and adequate corridor width for exitinq in case of an
emerqency or fire, adequate rest room facilities, and security
protection of both the vendors and the public. In order to address
these concerns the project should be reveiwed from the perspective
of all City Departments and Divisions.
DEVELOPMENT CODE STANDARDS
In addition, Development Code Amendment No. 91-07 provides the
opportunity for future project applicants to understand the
requirements prior to filinq an application with the City.
19.06.030 (2) Land Use Specific Standards is proposed to read as
follows:
I. Indoor
Conditional
standards.
Retail Concession Malls are subject to a
Use Permit and shall comply with the followinq
1. "Additional refuse containers may be required."
2. "A centralized loadinq area is required."
3. "A parkinq study may be required which addresses available
off - street parkinq for establishments which are proposed
for tenant suites within existinq multi - tenant, commercial
centers.
4. "Indoor Retail Concession Malls shall be considered to be
one tenant for purposes of Development Code siqn standards.
These are in addition to other requirements in the CG, Commercial
General, desiqnations.
l
llllnl:'lil --
Pl.AN.e.DI PAGE 1 OF , (4-10)
r
. CITY OF SAN BER~DINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE O'r. 91-07
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:>
1-7-92
6
OBSERV A liONS
AGENDA ITEM
HEARING DATE
PAGE
III.
...-
section 19.24.040, Off-Street Parkinq Standards lists parkinq
standards as follows:
"1 space per 200 square feet per qross floor area, plus one
space per vendor space."
This same requirement would be added for indoor retail concession
malls.
CONCLUSION
.
Development Code Amendment No. 91-07 will implement Objectives and
Policies lA, 1.71, 1.19, and 1.21.33 of the General Plan by
allowinq existinq outdoor swap meets to continue, and by
permittinq new proposals for indoor retail concession malls in the
CG-1, CG-2,and CG-4, Commercial General Plan land use
desiqnations.
staff holds that the proposed amendment is exempt from CEQA,
Article 5, Section 15061 (b)(3), because the amendment proposes to
permit a use that is within the ranqe of uses already permitted in
the Development Code.
The proposed amendment would make Indoor Retail Concession Malls
subject to approval of a Conditional Use Permit; providinq the
opportunity to incorporate public comment into the process.
Development Code Amendment No. 91-07 proposes that the project
should be reviewed subject to the Standard Requirements of all the
City'S Departments and Divisions.
Also, Development Code Amendment No. 91-07 proposes specific
standards for indoor establishments which allows future applicants
to understand the requirements prior to filinq an application with
the City.
....
~"1I1
P\.ANoI.OI PAGE 1 OF 1 (4""
"':<:.~.:.O;;:;C
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CITY OF SAN BER~DINO PLANNING
AND BUILDING SER~CES DEPARTMENT
....
OBSERVATIONS
CASE OCA 91-07
AGENDA ITEM 5
HEARING DATE 1-7-92
PAGE 7
.....
RECOMMENDATION
Bas.d on the Findinqs of Fact contained in Attachment A, Staff
recommends that the Planninq Commision recommend to the Mayor and
Common council that:
Development Code Amendment No. 91-07 be adopted to permit Indoor
Retail Concession Malls in the CG-l, CG-2, and CG-4, Commercial
General Plan land use desiqnations and to establish standards for
development.
R~C Ull. submitted,
A1 Bou
Director Planninq and Buildinq services
/2.".;, 8 1M3 '
~~~~. Mo~n~
Assistant Planner
Attachments: A - Findinqs of Fact
llllnll:.":" I
Pl.AN-8JII PAGE 1 OF 1 (.-10)
CITY OF SAN BERrnDINO PLANNING
AND BUILDING SER\7r6ES DEPARTMENT
FINDINGS OF FACT
CASE ~ 91-07
:>
1-7-92
8
AGENDA ITEM
HEARING DATE
PAGE
,.
'l
FINDINGS OF FACT
1. The proposed amendment is consistent with the General Plan
in that the amendment would implement the followinq General
Plan Policies and Objectives I1, I.71,1.19, and 1.21.33.
2. The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City
in that the proposed amendment would allow existinq outdoor
swap meet establishments to continue and permit new proposed
indoor and outdoor establishments to be permitted, subject to
the City's standard requirements and.obtaininq a Conditional
Use Permit.
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1 Ordinance No.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
19.02.050, 19.06.020, TABLE 06.01(G), 19.06.030(1)(B),
3 19.06.030(2), AND 19.24.040 OF THE SAN BERNARDINO MUNICIPAL
(DEVELOPMENT CODE) TO PERMIT INDOOR RETAIL CONCESSION MALLS IN THE
4 COMMERCIAL GENERAL (CG-1, CG-2, CG-4) AND COMMERCIAL HEAVY (CH)
LAND USE DISTRICTS CITYWIDE, AND TO PROVIDE STANDARDS BY WHICH THE
5 USE MAY BE ESTABLISHED.
6
7
8
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Page 1-14,
amended as follows:
section 19.02.050, DEFINITIONS,
is
9 [See Exhibit lA, (Page 1-14 of the Development Code) attached
hereto and incorporated herein by reference.]
10
11
12
13
a)
Add "Indoor Retail Concession Mall. Any indoor, multi-
tenant, retail or discount mall, operated during regular
business hours, without the benefit of a predominant
tenant because the majority of square footage is used (or
offered) for concession or leased floor area andlor wall
space for which a fee, commission or lease is charged.
Individual vendors shall be permitted to engage in sales
of either new or used merchandise.".
14
15 SECTION 2. Page 1-23, Section 19.02.050, DEFINITIONS, is
amended as follows:
16 [See Exhibit 1B, (Page 1-23 of the Development Code) attached
17 hereto and incorporated herein by reference.]
18
a)
Delete the words "indoor or" from the definition of "Swap
Meets" .
19
20
21
22
23
24
25
26
27
28
SECTION 3. Page n-70, Section 19.06.020, Table 06.0l(G),
COMMERCIAL AND INDUSTRIAL DISTRICTS LIST OF PERMITTED USES, is
amended as follows:
[See Exhibit 1C, (Page 11-70 of the Development Code) attached
hereto and incorporated herein by reference.]
a) Add: "539B. Indoor Retail Concession Mall";
b) Place a "C" under CG-1, CG-2, CG-4 and CH columns.
IIII
IIII
IIII
IIII
1
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1
SECTION 4. Page 11-90, section 19.06.030(1) (B), Table 06.03
2 COMMERCIAL AND INDUSTRIAL DISTRICTS SPECIFIC STANDARDS, as follows:
3
4
5
6
7
8
9
[See Exhibit 1D, (Page 11-90 of the Development Code) attached
hereto and incorporated herein by reference.]
a)
Reletter Items I through Q to read J through R.
b)
Add New Item I, "Indoor Retail Concession Malls":
c)
Add a "+" in the columns under CG-1, CG-2, CG-4 and CH.
SECTION 5. Page 11-102, Section 19.06.030(2),
DISTRICT SPECIFIC STANDARDS as follows:
LAND USE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[See Exhibit 1E, (Pages 11-102, II-102A, 11-103, 11-104, 11-
114, and 11-117, of the Development Code) attached hereto and
incorporated herein by reference.]
a.)
On Pages 11-102, 11-103, 11-104, 11-114, and 11-117,
Reletter Items I through 0 to read J through P.
b)
Add New Item I, "Indoor Retail Concession Malls
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 wi thin existing
multi-tenant, commercial centers.
4. Indoor retail concession malls shall be considered
to be one tenant for purposes of Development Code
sign standards."
SECTION 6. Page III-53, Section 19.24.040, NUMBER OF
PARKING SPACES REQUIRED, is amended as follows:
[See Exhibit 1F, (Page III-53 of the Development Code)
attached hereto and incorporated herein by reference.
Add "Indoor Retail Concession Malls"
"Hotels/motels" in the USE column: and
after
a)
b) next to it, in the NUMBER OF REQUIRED SPACES column, add,
"I space per 200 square feet per gross floor area, plus
1 space per vendor space.".
IIII
/ II /
2
. ~ ~
o
o
ORDINANCE.. .AMENDING SECTIONS 19.02.050, 19.06.020, TABLE 06.01(G),
19.06.030(1) (B), 19.06.030(2), AND 19.24.040 OF THE SAN BERNARDINO
2 MUNICIPAL (DEVELOPMENT CODE) TO PERMIT INDOOR RETAIL CONCESSION
MALLS IN THE COMMERCIAL GENERAL (CG-1, CG-2, CG-4) AND COMMERCIAL
3 HEAVY (CH) LAND USE DISTRICTS CITYWIDE, AND TO PROVIDE STANDARDS
BY WHICH THE USE MAY BE ESTABLISHED.
4
5
6
7
8
9
1
I HEREBY CERTIFY that the foregoing ordinance was duly adopted
by the Mayor and common council of the city of San Bernardino at
a
meeting therefore, held on the
day of
, 1992, by the following vote, to wit:
Council Members:
AnS.
~
ABSTAIN
ABSENT
ESTRADA
10 REILLY
11
12
13
14
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
15
16
17
18
19 of
MILLER
City Clerk
The foregoing ordinance is hereby approved this
, 1992.
day
20
21
W.R. Holcomb, Mayor
City of San Bernardino
22 Approved as to
23 form and legal content:
24
25
26
JAMES F. PENMAN,
:::Jkttorney
c-- f p,,--
27
28
3
ci......c: llInm AMa. The C included within the surroundinDenor finish wall surface
of a building or portion thereof, exclusive of courtyards.
GU8t H"'.... Uving quarters, having no kitchen fac:i1ities, located on the same
premises with . main building and occupied for the sole use of members of the family,
temporary guest, or persons permanently employed on the premises.
HlIl~ S~. A story under a gable, hip or gambrel roof, plates of which are not more
than 2 feet above the floor of such story.
Home ~tion. An activity conducted in compliance with Chapter 19.54 carried out
by an occupant conducted as an accessory use within the primary dwelling unit.
H~ital. An institution, designed within an integrated campus setting for the diag-
nosis, care, and treatment of human illness, including surgery and primary"treatment.
Hale1. Guest rooms or suites occupied on a transient basis, with most rooms gaining ac-
cess from an interior hallway.
Indoor Retail Concession Mall. * (See Below)
Infill11PviPlqpmil!nt. Development that occurs on up to 4 contiguous vacant lots scat-
tered within areas that are already largely developed or urbanized. Generally, these
sites are vacant because they were once considered of insufficient size for development,
because an existing building located on the site was demolished or because there were
other, more desirable sites for development. .
Junk and ~Ivap FlIl"ility. Primary or accessory use of structures and/or land for
storage, dismantling and/or selling of cast-off, unused, scrap or salvage material of any
sort
Kennll!!. Any lot where 4 or more dogs, cats, or other small animals over the age of 4
months are kept, whether such keeping is for pleasure, profit, breeding, or exhibiting,
including places where said animals are boarded, kept for sale, or hire.
lGtrnen. Any room, all or part of which is designed and/or used for storage, refrigera-
tion, cooking and the preparation of food.
T lInd~pini' An area devoted to or developed and maintained predominantly with na-
tive or exotic plant materials including lawn, groundcover, trees, shrubs, and other
plant materials; and also including accessory decorative outdoor landscape elements
such as pools, fountains, paved or decorated surfaces (excluding driveways, parking,
loading, or storage areas), and sculptural elements.
T lInd Use ZnniI\i District. A portion of the Oty within which certain uses of land and
structures are defined, and regulations are specified.
* Indoor Retail Concession Mall. Any indoor, multi-tenant, retail or
d~scount mal!, operated dur~ng regular business hours, without the
benefit of a predominant tenant because the majority of square footage
is used (or offered) for concession or leased floor area and/or wall
space for which a fee, commission or lease is charged. Individual
vendors shall be permitted to engage in sales of e~ther new or used
merchandise.
1"16
Exhibit lA
2/92
StlIIhl... Privati!. An accOry Structure for the keeping of hQs or ponies for the use
of occupants of the preuuses.
Standa1'rl Industrial OaCllification (SIC) Systmn. The classification of establishments by
type of activity which is determined by its principal product or group of products
produced or disbibuted, or services rendered. The purpose of the system is ~o facilitate
the collection, tabulation, presentation and analysis of data relating to the estab-
lishments. This system is detailed in the Federal Office of Management and Budget's
Standard Industrial Oassification Manual, as amended.
Storap. A space or place where goods, materials and/or personal property is put for
more than 24 hours.
sax. That portion of a building included between the surface of any floor and the sur-
face of the floor next above it, or if there is no floor above it, then the space-between
such floor and the ceiling above it.
Stn!@t. Any public or private thoroughfare, which affords a primary means of access to
abutting property.
StruNun!_ Anything constructed or erected, the use of which requires location on the
ground or attachment to something having location on the ground.
Swa,p Mf!f!ts. Any outdoor place, location, or activity where new or used
goods or secondhand personal property is offered for sale or exchange to the general
public by a multitude of individual licensed vendors, usually in compartmentalized
spaces; and, where a fee may be charged to prospective buyers for adfmission, or a fee
may be charged for the privilege of offering or displaying such merchandise. The term
swap meet is interchangeable with and applicable to: flea markets, auctions, open air
markets, farmers markets, or other similarly named or labeled activities; but the term
does not include the usual supermarket or department store retail operations.
T@I!\pnra~ Use. A use established for a specified period of time, with the intent to dis-
continue the use at the end of the designated time period.
Traffic Safety Si&Jtt Ar@a. A space that is set aside on a corner lot in which all visual
obstructions, such as structures and plantings, that inhibit visibility and thus cause a
hazard to traffic and pedestrian safety are prohibited.
Transi_t Basis. A continuous period of 2 weeks or less.
lIa. The purpose (type and extent) for which land or a building is arranged, designed,
or intended, or for which either land or a structure is occupied or maintained.
Use Initiation. The implementation of a use on a parcel or occupancy of a structure, or
construction of substantial site improvements after a building permit has been issued,
subject to determination by the Director.
1.23
Exhibit U~
2/92
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Do9O
Exhibit 1D
2/92
I..UMMCoA'-'^!. U!:o1IUcr::. -19.ll6
~ boards shall be a maximum of ~are feet, with a maximum
height of 7 feet, and shall face away from the street.
Drive-thru restaurants within an integrated shopping center shall
have an architectural style consistent with the theme established in
the center. The architecture of any drive-thru restaurant must p~
vide eompatibility with surrounding uses in form, materials,
colors, scale, etc. Structure plans shall have variation in depth and
angle to aeate variety and interest in its basic form and silhouette.
Articulation of structure surface shall be encouraged through the
use of openings and recesses which aeate texture and shadow pat-
terns. Structure entrances shall be well articulated and project a for-
ma! entrance through variation of architectural plane, pavement
surface treatment, and landscape plaza.
11. No drive-thru aisles shall exit directly onto a public right-of-way.
I. Indoor Retail Concession Malls * (See Page II-I02A)
J. MINI-MALLS
9.
10.
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.
All development and operational standards outlined in Section
19.06.030 (2)(F) (Convenience Stores), except for items 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.
1.
tJ
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 subject to the is-
suance of a Temporary Use Permit.
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 receptacles(s) shall be
e
B.t02
Exhibi t lE-l
2/92
.*
I.
o
o
Indoor Retail Concession Malls
Indoor retail concession malls are subject to a
Conditional Use Permit and shall comply with the
followinq standards:
1. Additional refuse containers may be required.
2. A centralized loadinq area is required.
3. A parkinq study may be required which addresses
available off-street parkinq for establishments
which are proposed for tenant suites within existinq
multi-tenant, commercial centers.
4. Indoor retail concession malls shall be considered
to be one tenant for purposes of Development Code
siqn standards.
paqe II-102A
2/92
\"'urwl.."'Ylc.l\.~"" UA,.;)..n.6\,......;). ...,oV\,I
'.
s~ from public view on at least 3 Qes by a solid wall 6 feet
in height and on the fourth side by alOlid 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 ar-
chitecturally compatible with the surrounding structures.
K.
MINI-STORAGE
Mini-storage facilities are subject to a Conditional Use Permit and shall
be constructed in the following manner:
1. The minimUm site area shall be 20,000 square feet.
2 The site shall be entirely paved, except for structures and land-
scaping.
3. All on-site lighting shall be energy efficient, stationary and directed
away form adjoining properties and public rights-of-way.
4. All landscaping shall be installed and permanently maintained
pursuant to the provisions of Chap\el' 19.28 (Landscaping Stand-
ards).
5. All on-site signage shall comply with the provisions of Chapter
19.22 (Sign Standards).
6. The site shall be completely enclosed with a 6 foot high solid
decorative masonry wall, except for points of ingress and egress (in-
cluding emergency fire access) which shall be properly gated. The
gate(s) shall be maintained in good working order and shall remain
closed except when in use.
7. No business activity shall be conducted other than the rental of
storage spaces for inactive storage use.
8. All storage shall be located within a fully enclosed structure(s).
9. No flammable or otherwise hazardous materials shall be stored
on-site.
10. Residential quarters for a manager or caretaker may be provided
in the development.
0-1113
Exhibit lE-2
2/92
11.
12.
COMMEKaAL DISTIlICl'S .19.06
.""'\
The Gevelopment shall provide for 2 ~ldng spaces for the
manager or caretaker, and a minimum of 5 spaces located adjacent
or in a close proximity to the manager's quarters for customer park-
ing.
Aisle. width shall be a minimum of 25 feet between buildings
to provide unobstructed and safe circulation.
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 accom-
modate the trash generated. The receptacles(s) shall be screened
from public view on at least 3 sides by a solid wa1l6 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 architectural-
ly compatible with the surrounding structures.
14. Storage facilities located adjacent to residential districts
shall have their hours of operation restricted to 7:00 AM. to 9:00
P.M., Monday through Saturday, and 9:00 A.M. to 9:00 p.M. on Sun-
days.
L. MULTI-FAMILY HOUSING
13.
Refer to Section 19.04.030 (2)(1<).
M. RECYCLING FAOLmES FOR REUSEABLE DOMESTIC CONTAINERS
Recycling facilities are subject to permit review in all commercial and in-
dustrialland use districts according to the following schedule:
~ofFat'iHty
Reverse Vending
Machine(s)
Small Collection
Large Collection
Districts Pf!l'mi.tted
All Commercial and
All Industrial
CG-1, CG-2,
CR-3 (So. of
1-10) and All Industrial
CH and All
Industrial
tight Processing
Heavy Processing
All Industrial
All Industrial
Pennit ReqpiMC!
Development Permit and
up to 5 reverse vending
machines
Development Permit
Conditional Use Permit
Conditional Use Permit
Conditional Use Permit
D-1IN
Exhibit lE-3
2/92
_._.~.-
013) Donation areas shall be ~ of litter and any
other undesirable material. The containers shall be
clearly marked to identify the type of material that ~
may be deposited. The facility shall display a notice
stating that no material shall be left outside the recy-
cling containers;
14) Signs shall be installed pursuant to Chapter 19.22
(Sign Standards). Additionally, the facility shall be
clearly marked with the name and phone number of
the facility operator and the hours of operation;
15) No dust, fumes, smoke, vibration or odor above
ambient level shall be detectable from adjacent
residentially designated parcels; and
16) The facility shall maintain adequate on-site refuse
containers for the disposal of non- hazardous waste.
N. SENIOR OTIZEN/CONGREGATE CARE HOUSING STANDARDS
Refer to Section 19.04.030 (2)(P).
o. SERVICE STATION (GASOLINE) STANDARDS
Service stations are subject to a Conditional Use Permit and shall comply
with the following standards:
1. New service stations shall be permitted only at the intersections
of major and secondary arterials, and their intersections with
freeway off-ramps. A maximum of 2 service stations shall be per-
mitted at each intersection. The use shall not adjoin a residential
land use district.
2. The minimum parcel size shall be 15,000 square feet, with a
minimum street footage of 100 feet on each street.
3. All activities and operations shall be conducted entirely within an
enclosed structure, except as follows:
a.
The dispensing of petroleum products, water and air from
pump islands.
--
b. The provision of emergency service of a minor nature.
D.11.
Exhibit lE-4
- 2/92
20.
~ an existing service station ~ins pru..,eI ty in a
residential land use district, a 6 foot high decorative masonry wall
shall be constructed at the time the station requires a permit for the
on-site improvement/modification. Materials, textures, colors and
design of the wall shall be compatible with on-site development
and adjoining properties. When the wall reaches the established
front-yard setback line of a residentially designated lot abutting or
~y across an alley from the service station, it shall decrease to
a height of 30 inches.
21. Restroom entrances viewable from adjacent properties or
public rights-of-way shall be concealed from view by planters or
decorative screening.
.
-
22. Noise from bells or loudspeakers shall not be audible beyond
the property line at any time.
23. All parking, loading, circulation aisles, and pump island bay areas
shall be constructed with (PCC) concrete.
24. No pump nozzle on self-service islands shall be equipped with hold
open devices. .
P. SERVICE STATION CONVERSIONS
A structure originally constructed as a service station and which is
proposed for conversion to another allowable use shall require upgrading
and remodeling for such items as, but not limited to, removal of all
gasoline appurtenances, removal of canopies, removal of pump islands,
removal of gas tanks, removal of overhead doors, additional street im-
provements or modification of existing improvements to conform to ac-
cess regulations, exterior remodeling, and any additional standards as re-
quired by this Development Code.
Q. SINGLE FAMILY/OFFICE CONVERSIONS
R. SINGLE ROOM OCCUPANCY (SRO) FACILITIES
D.lt'
Exhibit lE-S
11/92
o
USE
~ CnmmOll'cial T T......
,
Hotels/motels
Indoor Retail Concession
~~lls *(See Below)
Luoe-n-tune
Multi-tenant auto-related
facilities
Offices, general:
gfa. up to 2000 sf.
2001 to 1500 sf.
7501 to 40000 sf.
40001 and greater
Office, medical/dental
')
Restaurants, cafes, bars
and other eating and
drinking establishments
(gfa. includes outdoor
seating/ eating area)
Restaurants, with drive-up
or drive-thru facilities
(including outdoor seating areas)
Delicatessen/ donut shop
Retail commercial
* Indoor Retail Concession
Malls
Off-STREET PAR..Kl="OG STA.'DARDS .19.24
WJMBER OF RE~D SPACES
1.1 space for each bedroom, plus
requirements for related commer-
cial uses, plus 1 space for each
50 sf. of gfa. of main assembly
room, plus 2 spaces for manager's
unit. For facilities visable from
any freeway, on-site parking for
"big rigs" shall be determined. at
project review.
1 space per bay, plus 1 space for
each employee, plus 2 space
queueing lanes for each bay.
1 space for each 200 sf. of gfa.,
plus 1 space for each employee.
1 space for each 200 sf.
1 space for each 250 sf.
1 space for each 300 sf.
1 space for each 350 sf.
10 spaces for first 2000 sf.,plus
1 space for each additiona1175
sf. over 2000 sf.
1 space for each 35 sf. of public
seating area, plus 1 space for
each 200 sf. of all other gross
floor area, with a minimum of 10
spaces.
1 space for each 100 sf. of gfa. plus one lane for
each drive-up window with stacking space for
6 vehicles before the menu board.
1 space for each 100 sf. of gfa.
1 space for each 250 sf. of gfa.
,1 space per 200 sq. ft. per gross floor
area plus 1 space per vendor space.
m.53
.t.:xn~.b~'t ~=
2/92