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HomeMy WebLinkAboutMC-1312 Adopted: September 8, 2009 Effective: October 9, 2009 ORDINANCE NO. MC-1312 1 2 3 I 4! ! 5 6 7 8 9 10 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING HAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.030(2)(F)(4) OF THE AN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO OCATION CRITERIA FOR CONVENIENCE STORES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO o ORDAIN AS FOLLOWS: SECTION 1. Chapter 19.06, Section I9.06.030(2)(F)(4) relating to location criteria for onvenience Stores is amended as shown in Attachment I attached hereto and incorporated erein by reference. SECTION 2. Severability. In the event that any provision of this Ordinance, or any part 11 hereof, or any application thereof to any person or circumstance, is for any reason held to be 12 nconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its 13 ace or as applied, such holding shall not affect the validity or effectiveness of any of the 14 emaining provisions of this Ordinance, or any part thereof, or any application thereof to any 15 16 17 erson or circumstance or of said provision as applied to any other person or circumstance. It is ereby 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. 18 19 III 20 fill 21 fill 22 23 24 25 26 27 28 MC-1312 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 1 CHAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.030(2)(F)(4) OF THE 2 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO LOCATION CRITERIA FOR CONVENIENCE STORES. 3 4 5 on the 8th 6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council ofthe City of San Bernardino at a i oint regular meeting thereof, held day of , 2009, by the following vote to wit: Seutember AYES NAYS ABSTAIN ABSENT x x x x x x x 15 MC CAMMACK 16 17 18 19 20 21 22 Approved as to form: /~) I ) /< I 1\ .. {. ". ~ .) (( City Clerk The foregoing ordinance is hereby approved this 't~ay of September ,2009. itA --Ii:: ayor 23 24 JAMES F. PENMAN City Attorney ~: By:J/" / 27 III III 28 2 A TT ACHMENT 1 COMMERCIAL DISTRICTS - 19.06 19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS *********************************************************************************** 2. LAND USE DISTRICT SPECIFIC STANDARDS In addition to the general development requirements contained in Chapter 19.20 (Property Development Standards), the following standards shall apply to specific commercial land use districts. (See Table 0603 on previous page) For residential uses in commercial land use districts, see Table 403 and the standards contained in Chapter 19.04.030(2). *********************************************************************************** F. CONVENIENCE STORES The retail sale of groceries, staples, sundry items andlor alcoholic beverages where the gross floor area is less than 5,000 square feet is subject to Conditional Use Permit review, and shall be constructed and operated in the following manner: 1. The minimum site area shall be 10,000 square feet. 2. The site shall have direct frontage along a major or secondary street. The si(e shall not have direct access on a local residential street. 3. One access drive may be permitted for each street frontage. The design and location of the access drive(s) shall be subject to the approval of the DRC. 4. No convenience store shall be located less than 1,000 feet from an existing or previously approved convenience store, or an existing elementary, junior high school, or high school, as measured from 1 property line to another. Service stations that include a convenience store as an ancillary use are not subject to the 1,000 foot distance restriction from other convenience stores. Exceotions to the 1 000 foot distance from schools mav be considered on a case bv case basis throu~h the Conditional Use Permit orocess. considering mitigating factors of circulation oatterns. securitv and management olans and subiect to recommendations from the affected school district. onlv for convenience stores that do not sell anv alcoholic beverages MC 9633/18/96, MC 12107/5/06 5. All on-site lighting shall be energy efficient, stationary and directed away from adjoining properties and public rights-of-way. 6. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign Standards) 7. All landscaping shall be installed and permanently maintained pursuant to the provisions of Chapter 19.28 (Landscaping Standards). II-59 ATTACHMENT 1 COMMERCIAL DISTRICTS - 19.06 8. All on-site parking shall comply with the provisions of Chapter 19.24 (Off- Street Parking Standards). A parking plan shall be developed as part of the permit review process. 9. The premises shall be kept in a neat and orderly condition at all times. 10. Every parcel with a structure shall have a trash receptacle on the premises. The trash receptacle shall comply with adopted Public Works Department standards and be of sufficient size to accommodate the trash generated. The receptacle(s) shall be screened from public view on at least 3 sides by a solid wall 6 feet in height and on the fourth side by a solid gate not less than 5 feet in height. The gate shall be maintained in working order and shall remain closed except when in use. The wall and gate shall be architecturally compatible with the surrounding structures. 11. If on-site dispensing of automotive fuels is provided, the design, location and operation of these facilities shall be consistent with the provisions of Section 19.06.030(2)(O)(Service Station Standards). Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands. 12. A bicycle rack shall be installed in a convenient location visible from the inside of the store. 13. Each convenience store shall provide a public restroom located within the store. 14. Public pay telephones provided on-site shall not be set up for incoming calls. Public telephones shall be featured with callout service only. 15. On-site video games shall not be installed or operated on the premises. 16. A convenience store adjacent to any residentially designated district shall have a 6 foot high decorative masonry wall along property lines adjacent to such districts. 17. All parking, loading, circulation aisles, and pump island bay areas shall be constructed with (PCC) concrete. 11-60