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ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: M. Margo Wheeler, Director Subject: An ordinance of the City of San
Bernardino amending Section 19.06.025
Dept: Community Development "Prohibited Uses" of the Development Code to
permit single-price overstock/discount stores with a
Date: June 6, 2011 minimum floor area of 8,500 sq.ft. and self-service
laundry facilities subject to a Conditional Use
Permit in commercial land use districts.
MCC Date: June 20, 2011
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and said ordinance be laid over for final adoption.
M. Margo Wheeler, AICP
Contact Person: Aron Liang, Senior Planner Phone: 3332
Supporting data attached: Staff Report Ward(s): City-wide
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct. Description:
_ Finance:
Council Notes:
Agenda Item No.
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a CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
An ordinance of the City of San Bernardino amending Section 19.06.025 "Prohibited Uses" of
the Development Code to permit single-price overstock/discount stores with a minimum floor
area of 8,500 sq.ft. and self-service laundry facilities subject to a Conditional Use Permit in
commercial land use districts. (Development Code Amendment No. 11-05)
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Applicant:
Community Development Department
300 North D Street
San Bernardino, CA 92418
Background:
jOn May 25, 2011, the Planning Commission recommended that the Mayor and Common
Council approve Development Code Amendment No. 11-05 to amend Section 19.06.025
"Prohibited Uses" of the Development Code to provide exceptions in Section 19.06.025 (1) (B)
for single-price overstock/discount stores with a minimum floor area of 8,500 sq.ft. and in
Section 19.06.025 (1)(J) for self-service laundry facilities to be permitted in commercial land use
districts, subject to approval of a Conditional Use Permit.
Staff requests that the Mayor and Common Council approve Development Code Amendment
No. 11-05 as recommended by the Planning Commission at their meeting of May 25, 2011. The
Planning Commission voted by a majority of 6 to 1 in favor of the proposed amendment.
Commissioners Calero, Eble, Heasley, Machen, Mulvihill and Sauerbrun voted in favor of the
motion and Commissioner Coute voted against the motion. Commissioner Durr abstained and
Commissioner Rawls was absent.
There are twelve categories of commercial uses that are prohibited by Section 19.06.025 of the
Development Code. Single-price overstock/discount stores and self-service laundry facilities
comprise two of the categories of prohibited uses. Section 19.06.025 provides two exceptions to
the prohibition of the twelve use categories. One exception is for any business proposed to be
established in a shopping center containing over 200,000 square feet of floor area; and the other
exception is for any business proposed to occupy a single building exceeding 25,000 square feet
in floor area.
The subject code amendment will provide additional exceptions specific to single-price
overstock/discount stores and self-service laundries that will allow them on any property in
commercial districts, subject to approval of a Conditional Use Permit. The subject code
amendment will grant the Planning Commission the authority to review individual proposals for
single-price overstock/discount stores and self-service laundry facilities through site-specific
analysis on a case-by-case basis, consistent with Development Code Section 19.3 1, Table
19.31.01, with recommendations from staff. Site-specific Conditional Use Permit review will
provide for analysis of potential conflicts with surrounding land uses to ensure land use
compatibility and consistency with goals, objectives and policies of the General Plan.
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California Environmental Quality Act(CEQA) Compliance:
Development Code Amendment No. 11-05 is exempt from the California Environmental Quality
Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule that an
action with no foreseeable physical impact on the environment is exempt.
Financial Impact:
None.
Recommendation:
That the hearing be closed and that said ordinance be laid over for final adoption.
Attachment 1: Planning Commission Staff Report Dated May 25, 2011
Ordinance
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ATTACHMENT 1
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment No. 11-05
AGENDA ITEM: 6
HEARING DATE: May 25, 2011
WARD: City-wide
APPLICANT:
Community Development Department
300 North D Street
San Bernardino, CA 92418
(909) 384-5057
REQUEST/LOCATION:
A proposal to amend Section 19.06.025 "Prohibited Uses" of the Development Code to provide
exceptions in Section 19.06.025 (1) (B) for single-price overstock/discount stores with a
minimum floor area of 8,500 sq.ft. and in Section 19.06.025 (1)(J) for self-service laundry
facilities to be permitted in commercial land use districts, subject to approval of a Conditional
Use Permit.
CONSTRAINTS/OVERLAYS:
Not Applicable
ENVIRONMENTAL FINDINGS:
❑ Not Subject to CEQA
® Exempt from CEQA—Section 15061(b)(3)
❑ No Significant Effects
❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
® Recommend Mayor and Council Approval
❑ Conditions
❑ Denial
❑ Continuance to:
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DCA No. 11-05
Hearing Date 11/25/2011
Page 2
PROJECT DESCRIPTION
The proposed Development Code Amendment would modify Section 19.06.025 "Prohibited
Uses" of the Development Code to provide exceptions in Section 19.06.025 (1) (B) for single-
price overstock/discount stores with a minimum floor area of 8,500 sq.ft. and in Section
19.06.025 (1)(J) for self-service laundry facilities to be permitted in commercial land use
districts, subject to approval of a Conditional Use Permit. The proposed amendment is shown in
underline text below, and the full text of Section 19.06.025 is in Attachment A.
There are twelve categories of commercial uses that are prohibited by Section 19.06.025 of the
Development Code. Single-price overstock/discount stores and self-service laundry facilities
comprise two of the categories of prohibited uses. Section 19.06.025 provides two exceptions to
the prohibition of the twelve use categories. One exception is for any business proposed to be
established in a shopping center containing over 200,000 square feet of floor area; and the other
exception is for any business proposed to occupy a single building exceeding 25,000 square feet
in floor area. The proposed amendment would provide additional exceptions specific to single-
price overstock/discount stores and self-service laundries.
Development Code Amendment No. 11-05 will modify Section 19.06.025 (1)(B) and (1)(J) as
follows:
Section 19.06.025 PROHIBITED USES
1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino
Municipal Code, including the Development Code, no Conditional Use Permit, Development
Permit, Building Permit, Certificate of Occupancy or Zoning Verification Review (also
referred to as "Zoning Consistency Review") shall be issued or granted for the establishment
of a new business, or the relocation of an existing business in the City of San Bernardino
within the following categories of commercial uses:
B. Single-price overstock/discount stores — Establishments that sell a broad range of outlet,
close-out, discontinued, liquidation or overstock and general merchandise primarily at a
single discount price and/or in the low and very low price ranges, including, but not
limited to food stuffs, alcoholic beverages, apparel and accessories, costume jewelry,
notions and wares, housewares, fountain refreshments and toys. This category shall not
include single-price overstock/discount stores containing a minimum floor area of 8,500
square feet in size and approved under a Conditional Use Permit.
J. Self-service Laundry — Any commercial establishment providing the use of self-service
washing machines and dryers to the public, usually coin-operated. This category shall not
include self-service laundries approved under a Conditional Use Permit.
DCA No. 11-05
Hearing Date 11/25/2011
Page 3
SETTING/SITE CHARACTERISTICS
The proposed Development Code Amendment No. 11-05, would apply in commercial land use
districts, City-wide.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed Development Code Amendment is exempt from CEQA pursuant to Section
15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a
direct or reasonably foreseeable indirect physical change in the environment.
BACKGROUND
• October 4, 2004 -The Mayor and Common Council adopted Ordinance No. MC-1188, an
urgency ordinance that established a moratorium on certain designated businesses.
• June 6, 2005 - Mayor and Council adopted MC-1196 to amend some definitions of
prohibited uses and to extend MC-1188.
• October 2, 2006 - The Mayor and Common Council adopted MC-1236, an ordinance that
permanently prohibited certain designated businesses.
• June 17, 2008 — The Legislative Review Committee discussed the prohibited uses and
asked staff to prepare recommendations to consider allowing certain prohibited uses in
certain situations and/or at certain locations.
• August 5, 2008 — Staff returned to the Legislative Review Committee with specific
recommendations related to single-price overstock/discount stores.
• August 19, 2008 —The Legislative Review Committee recommended that the Mayor and
Common Council direct staff to initiate a Development Code Amendment to allow
consideration of single-price overstock/discount stores subject to approval by the Mayor
and Common Council, with a recommendation from the Planning Commission.
• September 2, 2008, the Mayor and Council directed staff to initiate a Development Code
Amendment as recommended by the Legislative Review Committee.
• November 18, 2008 — the Planning Commission recommended Development Code
Amendment No. 08-04 to the Mayor and Common Council to permit single-price
overstock/discount stores exceeding 15,000 square feet in floor area, subject to approval
of a Conditional Use Permit by the Mayor and Common Council, with a recommendation
from the Planning Commission.
• January 20, 2009 — the Mayor and Common Council referred Development Code
Amendment No. 08-04 back to the Legislative Review Committee.
• June 2, 2009 — Development Code No. 08-04 was scheduled to be reviewed by the
Legislative Review Committee, however the meeting was canceled. No further action
has been taken on this matter.
ANALYSIS
Amending the Code as described herein would grant authority to the Planning Commission to
consider conditional approval of some single-price overstock/discount stores and self-service
DCA No. 11-05
Hearing Date 11/25/2011
Page 4
E,
laundry facilities that are otherwise prohibited by Development Code Section 19.06.025. The
proposed amendment would allow the Planning Commission to review individual proposals for
single-price overstock/discount stores and self-service laundry facilities through site-specific
analysis on a case-by-case basis, consistent with Development Code Section 19.3 1, Table
19.31.01, with recommendations from staff. Site-specific Conditional Use Permit review will
provide for analysis of potential conflicts with surrounding land uses to ensure land use
compatibility and consistency with goals, objectives and policies of the General Plan.
FINDINGS
1. The proposed amendment is consistent with the General Plan.
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The proposed Development Code Amendment would provide for site-specific review of
the subject uses on a case-by-case basis, subject to approval by the Planning
Commission. The proposed amendment maintain land use compatibility, in balance with
public convenience and public safety, consistent with the following goals and policies of
the General Plan:
Goal 2.2: "Promote development that integrates with and minimizes impacts on
surrounding land uses."
Policy 2.2.10: "The protection of the quality of life shall take precedence during the
review of new projects. Accordingly, the City shall utilize its discretion to deny or require
mitigation of projects that result in impacts that outweigh benefits to the public."
Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by
strategic infill of new development and revitalization of existing development."
Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of
development, land use flexibility and customized site development standards shall be
achieved through various master planning devices, such as specific plans, planned
development zoning and creative site planning."
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience or welfare of the City.
Site-specific review of potential safety, zoning, health and land use conflicts by the
Planning Commission will ensure proper review of sites for single-price
overstock/discount stores and self-service laundry facilities. Therefore, the proposed
Development Code Amendment serves the public interest and would not be detrimental
to public health, safety, convenience or general welfare.
CONCLUSION
The proposed Development Code Amendment is consistent with the General Plan and would
serve the public interest, as supported by the Findings of Fact for approval.
DCA No. 11-05
Hearing Date 11/25/2011
Page 5
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Development Code
Amendment No. 11-05 to the Mayor and Common Council, based on the Findings of Fact
contained in this staff report.
Respectfull ubmitted,
ron Liang
Senior Planner
Approved VIVhee bution:
#. ar
Director, ACIP
Attachment A: Development Code Section 19.06.025 with proposed amendments.
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ATTACHMENT A
COMMERCIAL DISTRICTS- 19.06
19.06.025 PROHIBITED USES MC 1233 1012106
1. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino
Municipal Code, including the Development Code, no Conditional Use Permit,
Development Permit, Building Permit, Certificate of Occupancy, or Zoning Verification
Review (also referred to as "Zoning Consistency Review"), shall be issued or granted for
the establishment of a new business, or the relocation of an existing business, in the City of
San Bernardino within the following categories of commercial uses:
A. Smoke Shops — Establishments that either exclusively or as a substantial portion
(+50%) of their floor area, sell cigarettes, cigars, pipes, bongs, tobacco, and related
paraphernalia.
B. Single-price overstock/discount stores — Establishments that sell a broad range of
outlet, close-out, discontinued, liquidation, or overstock and general merchandise,
primarily at a single discount price and/or in the low and very low price ranges,
including but not limited to food stuffs, alcoholic beverages, apparel and
accessories, costume jewelry, notions and wares, housewares, fountain
refreshments, and toys. This category shall not include single-price
overstock/discount stores containing a minimum floor area of 8,500 square feet in
size and approved under a Conditional Use Permit.
C. Tattoo Parlors and/or Body Piercing Studios — Establishments that engage in any
method of placing permanent designs, letters, scrolls, figures, symbols, or any other
marks upon or under the skin with ink or any other substance, by the aid of needles
or any other instruments designed to touch or puncture the skin, resulting in either
the coloration of the skin, or the production of scars or scarring and/or
establishments that create an opening in the body of a person for the purpose of
inserting jewelry or other decoration. This category shall not include licensed
physicians, nurses, electrologists, and cosmetologists and shall also not include
jewelry stores that offer ear piercing.
D. Second Hand Stores/Thrift Stores —Establishments that sell used merchandise such
as clothing and shoes, household furniture, home furnishings and appliances, books
and magazines, office furniture, used musical instruments, used phonographs and
records, used fixtures and equipment, including re-sale shops, consignment shops,
and similar businesses. This category shall not include the following:
1. Stores owned or operated by existing entities recognized as non-profit by the
Secretary of State of the State of California, and in "good status" with the
same.
II-59
COMMERCIAL DISTRICTS- 19.06
Q2. Antique Stores — An antique, for the purposes of this ordinance, shall be a
work of art,piece of furniture, decorative object, or the like, of or belonging
to the past, and at least 50 years old. This includes any premise used for the
sale or trade of articles of which 90% or more are over 50 years old or have
collectible value.
3. Existing, legally established indoor concession malls and outdoor swap
meets, unless otherwise prohibited.
E. Check-Cashing, Cash Advance, and Loan Facilities—Establishments that engage, in
whole or in part, in the business of cashing checks, warrants, drafts, money orders,
or other commercial paper serving the same purpose, such facilities do not include a
state or federally chartered bank, savings and loan association, credit union, or
industrial loan company.
1. This category shall include any business licensed by the California
Commissioner of Corporations to make deferred deposit transactions
pursuant to California Financial Code Section 23000 et seq., sometimes
referred to as"payday advance," "cash advance,"or"payday loan" services.
2. This category shall not include any ancillary check-cashing facility that is
located entirely within a major retailer over 15,000 square feet in size.
F. Convenience Stores (if located within a one mile radius or another convenience
store) — The retail sale of groceries, staples, sundry items, and/or alcoholic
beverages where the gross floor area is less than 5,000 square feet. This category
shall not include any convenience store located on the same parcel with a service
station(gasoline station).
G. Pawn Shops — Businesses that loan money or other items of value to any person,
firm or corporation, upon any personal property, personal security or the purchasing
of personal property and reselling or agreeing to resell such articles at prices
previously agreed upon. This category shall not include any legally established
pawnshop in an unreinforced masonry building to be relocated to another building
within 50 feet of the current location.
H. Automotive Stereo Shops—Establishments that either exclusively or as a substantial
portion (+50%) of their floor area, sell and install automotive stereos and
accessories. This category shall not apply to the establishment of a new Automotive
Stereo shop in the Auto Center Plaza area.
I. Tire Stores — Establishments less than 5,000 square feet in size which sell new
and/or used automobile tires and accessories. This category shall not include legally
established service stations and auto repair facilities.
I1-60
COMMERCIAL DISTRICTS- 19.06
J. Self-service Laundry — Any commercial establishment providing the use of self-
service washing machines and dryers to the public, usually coin-operated. This
category shall not include self-service laundries approved under a Conditional Use
Permit.
K. Recycling Center—Small collection facilities which occupy an area of less than 500
square feet, and which accept by donation, redemption or purchase, recyclable
materials from the public.
L. Party Supply Stores — Establishments that either exclusively or as a substantial
portion of their floor area, sell or rent party supplies and equipment.
2. Section 19.06.025(1) shall not apply to any of the enumerated uses if established in a
shopping center or mall containing over 200,000 square feet of floor area and that have at
least one major commercial-anchor-tenant.
3. Section 19.06.025(1) shall not apply to any of the enumerated uses if that use is exclusively
established in single independent building exceeding 25,000 square feet in size
II-61
ORDINANCE NO.
2
3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06
(COMMERCIAL DISTRICTS), SECTION 19.06.025 (1)(B) AND (1) (J) OF THE SAN
4 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO PROHIBITED
USES.
6 The Mayor and Common Council of the City of San Bernardino do ordain as follows:
WHEREAS, the Mayor and Common Council adopted the current Development Code, Title 19
s
of the Municipal Code by Ordinance MC-789 on June 3, 1991; and
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WHEREAS, on May 25, 2011,the Planning Commission of the City of San Bernardino held a
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noticed public hearing to consider public testimony and a staff report recommending the proposed
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ordinance as an amendment to the City Development Code, and recommended that the Mayor and
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Common Council adopt the ordinance as proposed; and
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WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of
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the proposed Ordinance was published in The Sun newspaper on June 10, 2011;
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16 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
17 BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and
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hereby adopts and incorporates them herein.
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SECTION 2. Findings of Fact.
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22 A. The Ordinance amending the Development Code is consistent with the General Plan of
23 the City of San Bernardino. The proposed Development Code amendment is intended to improve and
24 businesses in the City. The recommended text amendment provides a process for adding single-price
overstock/discount stores with a minimum floor area of 8,500 sq.ft. and self-service laundry facilities,to
25,
promote businesses consistent with the following goals and policies of the General Plan:
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Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land
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uses."
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GRIGINAL
1 Policy 2.2.10: "The protection of the quality of life shall take precedence during the review of
2 new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects
3 that result in impacts that outweigh benefits to the public."
4 Goal 2.4: "Enhance the quality of life and economic vitality in San Bernardino by strategic infill
5 of new development and revitalization of existing development."
6 Policy 2.4.3: "Where necessary to stimulate the desired mix and intensity of development, land
7 use flexibility and customized site development standards shall be achieved through various master
8 planning devices, such as specific plans, planned development zoning and creative site planning."
9 B. The Ordinance amending the Development Code will not be detrimental to the public
10 interest, health, safety, convenience or welfare of the City. The proposed amendment of the
11 Development Code would serve the public interest by providing a process through site-specific analysis
12 on a case-by-case basis, consistent with Development Code Section 19.3 1, Table 19.31.01. The
13 proposed amendment will expand opportunities for businesses in the City, with a process that will
14 protect values in the interest of general health, safety and welfare.
15 SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.06.025 (1)(B)
16 and (1) (J) are hereby amended to read as shown on Exhibit A, attached hereto and incorporated herein
17 by reference.
is
SECTION 4. Compliance with the California Environmental Quality Act:
19 The Mayor and Common Council finds that the proposed amendment to Section 19.06.025
20 (1)(B) and(1) (J) of the Development Code is exempt from the California Environmental Quality Act
21 (CEQA)pursuant to Section 15061(b)(3)of the CEQA Guidelines, the general rule that activities that
22 will not result in a direct or reasonably foreseeable indirect physical change in the environment are
23 exempt from environmental review.
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SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase
25 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
26 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
27 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
28 declares that it would have adopted each section irrespective of the fact that any one or more
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1 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
2 ineffective.
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3
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06
2 (COMMERCIAL DISTRICTS), SECTION 19.06.025 (1)(B) AND (1) (J) OF THE SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO PROHIBITED
3 USES.
4
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
( 5
6 Common Council of the City of San Bernardino at a meeting thereof, held on the day
of , 2011,by the following vote to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ
10
11 VACANT
12 BRINKER
13 SHORETT
14
KELLEY
15
JOHNSON
16
17 MC CAMMACK
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19
zo Rachel Clark, City Clerk
21 The foregoing Ordinance is hereby approved this day of , 2011.
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24 PATRICK J. MORRIS, Mayor
Approved as to form: City of San Bernardino
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JAMES F. PENMAN
26 City Attorney
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EXHIBIT A
CHAP"rER 19.06
COMMERCIAL DISTRICTS
T. SERVICE STATION 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 along major or secondary arterials with freeway off-ramps within the
Freeway Corridor Overlay District. Stations within the Freeway Corridor Overlay shall
only be located at the intersection of the arterial with the freeway on- and off-ramps or
with streets forming the boundary of the Freeway Corridor Overlay District. A
maximum of-2 3 service stations shall be permitted at each intersection, or on each side
of the freeway along a major or secondary arterial with a freeway off-ramp within the
Freeway Corridor Overlay District, provided that at least one station is an alternative
fuel station. The use shall not adjoin a residential land use district. MC 963 3/18/96
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.
c. The sale of items via vending machines which shall be placed next to the main
structure in a designated area not to exceed 32 square feet, and which must be
screened from public view.
4. Pump islands shall be located a minimum of 20 feet from a street property line,
however, a canopy or roof structure over a pump island may encroach up to 10 feet
within this distance. Additionally, the cashier location shall provide direct visual access
to the pump islands and the vehicles parked adjacent to the islands.
5. The number of points of ingress/egress to any one street shall be 2.
6. There shall be a minimum distance of 30 feet between curb cuts along a street frontage.
7. No driveway may be located closer than 35 feet to the curb return.
8. The width of a driveway may not exceed 36 feet at the sidewalk.
9. On-site parking shall be provided at 1 space for each pump island, plus 1 space for each
service bay.
10. Outside storage of motor vehicles is prohibited.
11. No vehicles may be parked on sidewalks, parkways, driveways or alleys.
12. No vehicle may be parked on the premises for the purpose of offering same for sale.
13. Landscaping shall comprise a minimum of 15% of the service station site area,
exclusive of required setbacks, and shall be provided and permanently maintained
according to the following regulations, as well as those contained in Chapter 19.28
(Landscaping Standards).
a. A minimum 5 foot wide (inside dimension), 6 inch high planter area shall be
provided along interior property lines, except for openings to facilitate vehicular
circulation to adjacent properties. Where adjacent to a periphery wall, trees
planted not more than 16 feet apart shall be included in the planter areas.
b. A planter area of not less than 200 square feet shall be provided at the corner of 2
intersecting streets. Landscaping shall not exceed a height of 30 inches.
c. A minimum of 50 square feet of planter area shall be located along those portions
of the main structure fronting on a public street.
d. Additional landscaping may be required to screen the service station from
adjacent properties.
14. All on-site signage shall comply with the provisions of Chapter 19.22 (Sign Standards).
15. Openings of service bays shall not face public rights-of-way and shall be designed to
minimize the visual intrusion onto adjoining properties.
16. No used or discarded automotive parts or equipment, or disabled, junked or wrecked
vehicles may be located in any open area outside the main structure.
17. 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.
18. All light sources, including canopy, perimeter, and flood shall be energy efficient,
stationary and shielded or recessed within the roof canopy so that the service station
shall be indirectly visible and light is deflected away from adjacent properties and
public rights-of-way. Lighting shall not be of such a high intensity as to cause a traffic
hazard or adversely affect adjoining properties. No luminaries shall be higher than 15
feet above finished grade.
19. Where an existing service station adjoins property 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 directly across an alley from the service station, it shall decrease to a height
of 30 inches.
20. Restroom entrances viewable from adjacent properties or public rights-of-way shall be
concealed from view by planters or decorative screening.
21. Noise from bells or loudspeakers shall not be audible beyond the property line at any
time.
22. All parking, loading, circulation aisles, and pump island bay areas shall be constructed
with(PCC)concrete.