HomeMy WebLinkAboutMC-1345
Adopted: February 7, 2011
Effective: March 10, 2011
ORDINANCE NO. MC-1345
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
2 CHAPTER 19.06, COMMERCIAL DISTRICTS, SECTION 19.06.030(2)(F)(4) OF THE
3 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY
LOCATION CRITERIA FOR CONVENIENCE STORES.
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THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.06, Section 19.06.030(2)(F)(4) relating to location criteria for
convenience stores is amended as shown in Attachment 1 attached hereto and incorporated
herein by reference.
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SECTION 2. Severability. In the event that any provision of this Ordinance, or any part
thereof, or any application thereof to any person or circumstance, is for any reason held to be
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.
MC-1345
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) TO MODIFY
LOCATION CRITERIA FOR CONVENIENCE STORES.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held
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on the
7th day of
, 2011, by the following vote to wit:
February
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7 Council Members:
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ABSENT
ABSTAIN
NAYS
AYES
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MARQUEZ
9 DESJARDINS
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10 BRINKER
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SHORETT
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KELLEY
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JOHNSON
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MC CAMMACK
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("'~ .~-t/~J . r:f .uu'vlc...
CitY Clerk
The foregoing ordinance is hereby approved this ~day of February
, 2011.
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TOBIN BRINKER, Mayor Pro Tem
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
City A orney
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By: .1f1-Y'K'-;, 7- .t01.-vw---..-
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MC-1345
ATTACHMENT 1
COMMERCIAL DISTRICTS - 19.06
19.06.030 LAND USE DISTRICT DEVELOPMENT STANDARDS
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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 06.03 on previous page.) For residential uses in commercial land
use districts, see Table 4.03 and the standards contained in Chapter 19.04.030(2).
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F. CONVENIENCE STORES
The retail sale of groceries, staples, sundry items and/or 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 site
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. Exceptions to the 1,000 foot distance from schools
may be considered on a case by case basis through the Conditional Use
Permit process, considering mitigating factors of circulation patterns,
security and management plans and subject to recommendations from the
affected school district, only for convenience st-ores that do not sell any
alcoholic beverages. MC 9633/18/96, MC 12107/5/06, MC 1312,9/8/09
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).
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MC-1345
ATTACHMENT 1
COMMERCIAL DISTRICTS - 19.06
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All landscaping shall be installed and permanently maintained pursuant to
the provisions of Chapter 19.28 (Landscaping Standards).
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All on-site parking shall comply with the provisions of Chapter 19.24 (Off-
Street Parking Standards). A parking plari shall be developed as part of the
permit review process.
The premises shall be kept in a neat and orderly condition at all times.
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.
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.
A bicycle rack shall be installed in a convenient location visible from the
inside of the store.
Each convenience store shall provide a public restroom located within the
store.
Public pay telephones provided on-site shall not be set up for incoming calls.
Public telephones shall be featured with call out service only.
On-site video games shall not be installed or operated on the premises.
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.
All parking, loading, circulation aisles, and pump island bay areas shall be
constructed with (PCC) concrete.
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