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HomeMy WebLinkAboutMC-1362Adopted: August 1, 2011 Effective: August 31, 2011 1 z 3 S 6 s y io ii i2 ]3 is 15 i c> i~ ~s i ~~ 20 zi Z2 23 2~ 25 26 2~ zs ORDINANCE NO. MC-1362 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.14 (FREEWAY CORRIDOR OVERLAY DISTRICT), SECTIONS 19.14.030 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO LANDSCAPE AND BUILDING SETBACK DEVELOPMENT STANDARDS. 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 of the Municipal Code by Ordinance MC-789 on June 3, 1991; and WHEREAS, on June 22, 2011, the Planning Commission of the City of San Bernardino held a noticed public hearing to consider public testimony and a staff report recommending the proposed ordinance as an amendment to the City Development Code, and recommended that the Mayor and Common Council adopt the ordinance as proposed; and WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of the proposed Ordinance was published in The Sun newspaper on July 8, 2011; NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor and Common Council finds that the above-stated Recitals are true and hereby adopts and incorporates them herein. SECTION 2. Findings of Fact. A. The proposed Development Code Amendment will not affect orderly development within the Freeway Con-idor Overlay District. It would allow development of prominent commercial developments with visual screening applied where needed. This will allow maximum visibility for businesses to athact customers, consistent with the following General Plan goals and policies: Policy 4.9.1: "Monitor and strive to capture an increasing percentage of the day-to-day regional shopping needs of the resident population." MC-1362 Z 3 a 5 7 s ~~ iu ~i 12 13 ~a ~s 16 i7 ~s i ~~ ao Zi ~Z 23 Z4 Zti Z6 27 is Policy 4.9.2: "Proactively attract and provide incentives to developers and tenants that draw retail sales from the broader region." Policy 5.2.9: "Along major corridors, continue to pay special attention to design feahires that include screening, berms, fencing, and landscaping for outdoor storage and handling areas." B. The proposed Code amendment will reduce regulatory constraints in the freeway corridors and will not diminish development standards of the underlying land use districts as well as other sections of the Code requiring landscaping and screening. Therefore, the proposed Development Code Amendment serves the public interest and would not be detrimental to public health, safety, convenience or general welfare. SECTION 3. San Bernardino Municipal Code (Development Code) Sections 19.14.030 is hereby amended to read as shown on Exhibit A, attached hereto and incorporated herein by reference. SECTION 4. Compliance with the California Environmental Quality Act: The Mayor and Common Council finds that the proposed amendment to Sections 19.14.030 of the Development Code is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule that activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment are exempt from environmental review. SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect The validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. //~ MC-1362 I 3 4 5 6 s ~~ to 11 12 13 14 I~ 16 17 Is 19 ~~~ 21 22 23 ~~ 2~ 2r, 27 Zs AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.14 (FREEWAY CORRIDOR OVERLAY DISTRICT), SECTION 19.14.030 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO LANDSCAPE AND BUILDING SETBACK DEVELOPMENT STANDARDS. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 1st day of August , 2011, by the following vote to wit: Council Members: AYES MARQUEZ X JENKINS % BRINKER ~ SHORETT ~ KELLEY JOHNSON X x MC CAMMACK NAYS ABSTAIN ABSENT Rachel Clark, City Clerk The foregoing Ordinance is hereby approved this ~`~'~i4~ day of August , 2011. ~~ PATR K J. M IS, Mayor Approved as to form: 1 y of San Bernardino JAMES F. PENMAN City Attorney 3 MC-1362 EXHIBIT A CHAPTER 19.14 FREEWAY CORRIDOR OVERLAY DISTRICT 19.14.030 DEVELOPMENT STANDARDS The following development standards shall apply: ~ . ~ ,.r~„ t,., z -ri.o i.. t *~~ "' ,~~ ~t,,,ii .,~~ _ - ~~ 1 Pr~P cs--l~r c e r 6 ~ ~ , ~~ ~~ ~1. SERVICE, LOADING, AND EQUIPMENT STORAGE AREA~rSCREENING Service areas including storage, special equipment, maintenance, and loading areas shall be screened with landscaping and architectural elements. The purpose is to hide those areas from the freeways. Loading docks and service areas shall be located on interior side yards and concealed from public "freeway" view (side yard opposite the direction of traffic ). Utility equipment and communication devices located on the grounds shall be screened so that the site will appear free of all such devices. Utility lines for water, gas, sewage, electrical, and communication shall be installed underground. Refuse collection areas are to be visually screened with a solid perimeter wall using materials and colors compatible with those of the adjacent structures. Refuse collection areas are to be located on an interior building side yard and shall be roofed if the contents of the area are visible from any freeway. Service, storage, and maintenance areas shall be constructed and maintained according to the following standards: A. No materials, supplies or equipment, including trucks or other motor vehicles, are to be stored on-site except inside an enclosed structure or behind architectural screening, to prevent visibility from the freeway. The storage of vehicles for sale is exempt from this requirement. MC-1362 B. All storage areas shall be screened by walls and shall be located on the side or rear portions of structures. C. Architectural screening shall be constructed of the same materials and finishes compatible with the adjacent structure, and shall be designed and placed to complement the building design. D. No service, storage, maintenance, or loading area may extend into a landscape setback buffer area 4. 2. BUILDING FACADE Desirable: A. Facades should be designed to convey a sense of order through the interplay of light, shadow and texture. Facade articulation should reinforce a sense of quality and integrity. B. A sophisticated refinement of the building proportions and fenestration details should be carefully conceived to achieve desired goals. C Facades shall reflect the quality and the sense of order of the underlying structure in a clear and consistent mamier. Window panels (if used) and spandrels shall be differentiated and the percentage of window glass to non-glass area should be a minimum of 25% (window) and 25% (wall) in retail uses. D. Recessed or articulated wall surfaces, columns and beams will help to visually segment an otherwise massive exterior wall surface. Undesirable: A. No boxy and monotonous facades which lack a sense of scale shall be permitted. B. No weak or token expressions of structure or an inconsistent statement of structure shall be permitted. C. No arbitrary, decorative, or stylized architectural treatments shall be permitted. D. No large amounts (more than 70%> of wall surface) of reflective glass shall be permitted. 3. MECHANICAL EQUIPMENT Roof-mounted mechanical equipment shall be screened on all sides. Any devices located on the structure ~ui~]--shall be properly screened to minimize visual impact. The color of these devices ~-~~"'~° +'~~ ^~~~ ^^ shall match the building color. MC-1362 Structures shall appear free of all utility and communication devices. Satellite dishes and antennas shall be ground mounted unless technically infeasible, and shall be located and treated in a manner that reduces visibility from freeways. All installation locations shall be noted on the site plans. ~: 4. FREEWAY SIGNS A. Freeway signs are limited to identifying the complex, major anchor tenant, structure, or company occupying the site, or a qualifying offsite business, pursuant to Section 19.22.080(4) of this Development Code. MC 929 12/19/94 B. Freeway signs are permitted on parcels with more than 100 feet of freeway or street frontage in addition to other signs allowed. C. Freeway signs shall be perpendicular to the freeway. Location shall be approximately midway between side property lines. D. Projects over 5 acres in size with more than 1,000 feet of freeway frontage may be permitted 2 freeway adjacent signs at the discretion of the Commission. These signs shall not be placed closer than 600 feet to each other. All other regulations shall apply. E. Buildings, such as hotels and restaurants, fronting the freeway are entitled to have a freeway sign and a building sign visible from the freeway. F. Any tree ~~ *'~° '^~•a~~^~°a ~,„ram r that is removed to accommodate the installation of any sign shall be replaced with a minimum 48 inch box tree. MC 1057 9/7/99 5. PROHIBITED STRUCTURES Structures with open, exposed craneways are prohibited.